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Public Act 102-0689
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HB3136 Enrolled | LRB102 14595 SPS 19948 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Horse Racing Act of 1975 is |
amended by changing Sections 19.5, 21, and 31 as follows:
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(230 ILCS 5/19.5) |
Sec. 19.5. Standardbred racetrack in Cook County. |
Notwithstanding anything in this Act to the contrary, in |
addition to organization licenses issued by the Board on the |
effective date of this amendatory Act of the 101st General |
Assembly, the Board shall issue an organization license |
limited to standardbred racing to a racetrack located in one |
of the following townships of Cook County: Bloom, Bremen, |
Calumet, Orland, Rich, Thornton, or Worth. This additional |
organization license shall not be issued within a 35-mile |
radius of another organization license issued by the Board on |
the effective date of this amendatory Act of the 101st General |
Assembly, unless the person having operating control of such |
racetrack has given written consent to the organization |
licensee applicant, which consent must be filed with the Board |
at or prior to the time application is made. The organization |
license application shall be submitted to the Board and the |
Board may grant the organization license at any meeting of the |
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Board. The Board shall examine the application within 21 days |
after receipt of the application with respect to its |
conformity with this Act and the rules adopted by the Board. If |
the application does not comply with this Act or the rules |
adopted by the Board, the application may be rejected and an |
organization license refused to the applicant, or the Board |
may, within 21 days after receipt of the application, advise |
the applicant of the deficiencies of the application under the |
Act or the rules of the Board and require the submittal of an |
amended application within a reasonable time determined by the |
Board; upon submittal of the amended application by the |
applicant, the Board may consider the application consistent |
with the process described in subsection (e-5) of Section 20. |
If the application is found to be in compliance with this Act |
and the rules of the Board, the Board shall then issue an |
organization license to the applicant. Once the organization |
license is granted, shall be granted upon application, and the |
licensee shall have all of the current and future rights of |
existing Illinois racetracks, including, but not limited to, |
the ability to obtain an inter-track wagering license, the |
ability to obtain inter-track wagering location licenses, the |
ability to obtain an organization gaming license pursuant to |
the Illinois Gambling Act with 1,200 gaming positions, and the |
ability to offer Internet wagering on horse racing.
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(Source: P.A. 101-31, eff. 6-28-19.)
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(230 ILCS 5/21) (from Ch. 8, par. 37-21)
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Sec. 21.
(a) Applications for organization licenses must |
be filed with
the Board at a time and place prescribed by the |
rules and regulations of
the Board. The Board shall examine |
the applications within 21 days
after
the date allowed for |
filing with respect to their conformity with this Act
and such |
rules and regulations as may be prescribed by the Board. If any
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application does not comply with this Act or the rules and |
regulations
prescribed by the Board, such application may be |
rejected and an
organization license refused to the applicant, |
or the Board may, within 21
days of the receipt of such |
application, advise the applicant of the
deficiencies of the |
application under the Act or the rules and regulations of
the |
Board,
and require the submittal of an amended application |
within a reasonable time
determined by the Board; and upon |
submittal of the amended application by the
applicant, the |
Board may consider the
application consistent with the process |
described in subsection (e-5) of
Section 20 of this Act. If it
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is found to be in compliance with this Act and the rules and |
regulations of
the Board, the Board may then issue an |
organization license to such applicant.
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(b) The Board may exercise discretion in granting racing
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dates to qualified applicants different from those requested |
by the
applicants in their
applications. However, if all |
eligible applicants for organization
licenses whose tracks are |
located within 100 miles of each other execute
and submit to |
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the Board a written agreement among such applicants as to
the |
award of racing dates, including where applicable racing
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programs, for
up to 3 consecutive years, then subject to |
annual review of each
applicant's compliance with Board rules |
and regulations, provisions of this
Act and conditions |
contained in annual dates orders issued by the Board,
the |
Board may grant such dates and programs
to such applicants
as |
so agreed by them if the Board determines that the grant of |
these racing
dates is in the best
interests of racing. The |
Board shall treat any such agreement as the
agreement |
signatories' joint and several application for racing dates
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during the term of the agreement.
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(c) Where 2 or more applicants propose to conduct horse
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race meetings within 35 miles of each other, as certified to |
the Board
under Section 19 (a) (1) of this Act, on conflicting |
dates, the Board may
determine and grant the number of racing |
days to be awarded to
the several
applicants in accordance |
with the provisions of subsection (e-5) of Section
20 of this
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Act.
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(d) (Blank).
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(e) Prior to the issuance of an organization license, the |
applicant
shall file with the Board the bond required in |
subsection (d) of Section 27 a bond payable to the State of |
Illinois in the
sum of $200,000 , executed by the applicant and |
a surety company or
companies authorized to do business in |
this State, and conditioned upon the
payment by the |
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organization licensee of all taxes due under Section 27,
other |
monies due and payable under this Act, all purses due and |
payable,
and that the organization licensee will upon |
presentation of the winning
ticket or
tickets distribute all |
sums due to the patrons of pari-mutuel pools. Beginning on the |
date when any organization licensee begins conducting gaming |
pursuant to an organization gaming license issued under the |
Illinois Gambling Act, the amount of the bond required under |
this subsection (e) shall be $500,000.
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(f) Each organization license shall specify the person to |
whom it is
issued, the dates upon which horse racing is |
permitted, and the location,
place, track, or enclosure where |
the horse race meeting is to be held.
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(g) Any person who owns one or more race tracks
within the |
State
may seek, in its own name, a separate organization |
license
for each race track.
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(h) All racing conducted under such organization license |
is subject to
this Act and to the rules and regulations from |
time to time prescribed by
the Board, and every such |
organization license issued by the Board shall
contain a |
recital to that effect.
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(i) Each such organization licensee may provide
that at |
least one race per day may be devoted to
the racing of quarter |
horses, appaloosas, arabians, or paints.
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(j) In acting on applications for organization licenses, |
the Board shall
give weight to an organization license which |
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has
implemented a good faith affirmative
action effort to |
recruit, train and upgrade minorities in all classifications
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within the organization license.
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(Source: P.A. 101-31, eff. 6-28-19.)
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(230 ILCS 5/31) (from Ch. 8, par. 37-31)
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Sec. 31.
(a) The General Assembly declares that it is the |
policy of
this State to encourage the breeding of standardbred |
horses in this
State and the ownership of such horses by |
residents of this State in
order to provide for: sufficient |
numbers of high quality standardbred
horses to participate in |
harness racing meetings in this State, and to
establish and |
preserve the agricultural and commercial benefits of such
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breeding and racing industries to the State of Illinois. It is |
the
intent of the General Assembly to further this policy by |
the provisions
of this Section of this Act.
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(b) Each organization licensee conducting a harness
racing |
meeting pursuant to this Act shall provide for at least two |
races each
race program limited to
Illinois conceived and |
foaled horses. A minimum of 6 races shall be
conducted each |
week limited to Illinois conceived and foaled horses. No
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horses shall be permitted to start in such races unless duly |
registered
under the rules of the Department of Agriculture.
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(b-5) Organization licensees, not including the Illinois |
State Fair or the DuQuoin State Fair, shall provide stake |
races and early closer races for Illinois conceived and foaled |
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horses so that purses distributed for such races shall be no |
less than 17% of total purses distributed for harness racing |
in that calendar year in addition to any stakes payments and |
starting fees contributed by horse owners. |
(b-10) Each organization licensee conducting a harness |
racing meeting
pursuant to this Act shall provide an owner |
award to be paid from the purse
account equal to 12% of the |
amount earned by Illinois conceived and foaled
horses |
finishing in the first 3 positions in races that are not |
restricted to Illinois conceived and foaled
horses. The owner |
awards shall not be paid on races below the $10,000 claiming |
class. |
(c) Conditions of races under subsection (b) shall be |
commensurate
with past performance, quality and class of |
Illinois conceived and
foaled horses available. If, however, |
sufficient competition cannot be
had among horses of that |
class on any day, the races may, with consent
of the Board, be |
eliminated for that day and substitute races provided.
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(d) There is hereby created a special fund of the State |
Treasury to
be known as the Illinois Standardbred Breeders |
Fund. Beginning on June 28, 2019 (the effective date of Public |
Act 101-31), the Illinois Standardbred Breeders Fund shall |
become a non-appropriated trust fund held separate and apart |
from State moneys. Expenditures from this Fund shall no longer |
be subject to appropriation.
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During the calendar year 1981, and each year thereafter, |
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except as provided
in subsection (g) of Section 27 of this Act, |
eight and one-half
per cent of all the monies received by the |
State as privilege taxes on
harness racing meetings shall be |
paid into the Illinois Standardbred
Breeders Fund.
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(e) Notwithstanding any provision of law to the contrary, |
amounts deposited into the Illinois Standardbred Breeders Fund |
from revenues generated by gaming pursuant to an organization |
gaming license issued under the Illinois Gambling Act after |
June 28, 2019 (the effective date of Public Act 101-31) shall |
be in addition to tax and fee amounts paid under this Section |
for calendar year 2019 and thereafter. The Illinois |
Standardbred Breeders Fund shall be administered by
the |
Department of Agriculture with the assistance and advice of |
the
Advisory Board created in subsection (f) of this Section.
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(f) The Illinois Standardbred Breeders Fund Advisory Board |
is hereby
created. The Advisory Board shall consist of the |
Director of the
Department of Agriculture, who shall serve as |
Chairman; the
Superintendent of the Illinois State Fair; a |
member of the Illinois
Racing Board, designated by it; a |
representative of the largest association of Illinois |
standardbred owners and breeders, recommended by it; a
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representative of a statewide association representing |
agricultural fairs in Illinois,
recommended by it, such |
representative to be from a fair at which
Illinois conceived |
and foaled racing is conducted; a representative of
the |
organization licensees conducting harness racing
meetings, |
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recommended by them; a representative of the Breeder's |
Committee of the association representing the largest number |
of standardbred owners, breeders, trainers, caretakers, and |
drivers, recommended by it;
and a representative of the |
association representing the largest number of standardbred |
owners, breeders, trainers, caretakers, and drivers,
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recommended by it. Advisory Board members shall serve for 2 |
years
commencing January 1 of each odd numbered year. If |
representatives of
the largest association of Illinois |
standardbred owners and breeders, a statewide association of |
agricultural fairs in Illinois, the association representing |
the largest number of standardbred owners, breeders, trainers, |
caretakers, and drivers, a member of the Breeder's Committee |
of the association representing the largest number of |
standardbred owners, breeders, trainers, caretakers, and |
drivers, and the organization licensees conducting
harness |
racing meetings
have not been recommended by January 1 of each |
odd numbered year, the
Director of the Department of |
Agriculture shall make an appointment for
the organization |
failing to so recommend a member of the Advisory Board.
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Advisory Board members shall receive no compensation for their |
services
as members but shall be reimbursed for all actual and |
necessary expenses
and disbursements incurred in the execution |
of their official duties.
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(g) Monies expended
from the Illinois Standardbred |
Breeders Fund shall be
expended by the Department of |
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Agriculture, with the assistance and
advice of the Illinois |
Standardbred Breeders Fund Advisory Board for the
following |
purposes only:
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1. To provide purses for races limited to Illinois |
conceived and
foaled horses at the State Fair and the |
DuQuoin State Fair.
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2. To provide purses for races limited to Illinois |
conceived and
foaled horses at county fairs.
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3. To provide purse supplements for races limited to |
Illinois
conceived and foaled horses conducted by |
associations conducting harness
racing meetings.
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4. No less than 75% of all monies in the Illinois |
Standardbred
Breeders Fund shall be expended for purses in |
1, 2, and 3 as shown above.
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5. In the discretion of the Department of Agriculture |
to provide
awards to harness breeders of Illinois |
conceived and foaled horses which
win races conducted by |
organization licensees
conducting harness racing meetings.
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A breeder is the owner of a mare at the time of conception. |
No more
than 10% of all monies appropriated from the |
Illinois
Standardbred Breeders Fund shall
be expended for |
such harness breeders awards. No more than 25% of the
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amount expended for harness breeders awards shall be |
expended for
expenses incurred in the administration of |
such harness breeders awards.
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6. To pay for the improvement of racing facilities |
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located at the
State Fair and County fairs.
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7. To pay the expenses incurred in the administration |
of the
Illinois Standardbred Breeders Fund.
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8. To promote the sport of harness racing, including |
grants up to a
maximum of $7,500 per fair per year for |
conducting pari-mutuel wagering during the advertised |
dates of a
county fair.
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9. To pay up to $50,000 annually for the Department of |
Agriculture to conduct drug testing at county fairs racing |
standardbred horses. |
(h) The Illinois Standardbred Breeders Fund is not subject |
to administrative charges or chargebacks, including, but not |
limited to, those authorized under Section 8h of the State |
Finance Act.
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(i) A sum equal to 13% of the first prize money of the |
gross purse
won by an Illinois conceived and foaled horse |
shall be paid 50% by the
organization licensee conducting the |
horse race meeting to the breeder
of such winning horse from |
the organization licensee's account and 50% from the purse |
account of the licensee.
Such payment
shall not reduce any |
award to the owner of
the horse or reduce the taxes payable |
under this Act. Such payment
shall be delivered by the |
organization licensee at the end of each quarter.
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(j) The Department of Agriculture shall, by rule, with the
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assistance and advice of the Illinois Standardbred Breeders |
Fund
Advisory Board:
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1. Qualify stallions for Illinois Standardbred |
Breeders Fund breeding ; such stallion
shall be owned by a |
resident of the State of Illinois or by an Illinois
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corporation all of whose shareholders, directors, officers |
and
incorporators are residents of the State of Illinois . |
Such stallion shall
stand for
service at and within the |
State of Illinois at the time of a foal's
conception, and |
such stallion must not stand for service at any place , nor
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may semen from such stallion be transported,
outside the |
State of Illinois during that calendar year in which the
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foal is conceived and that the owner of the stallion was |
for the
12
months prior, a resident of Illinois . However, |
on and after from January 1, 2018 , until January 1, 2022, |
semen from an Illinois stallion may be transported outside |
the State of Illinois.
The articles of agreement of any |
partnership, joint venture, limited
partnership, |
syndicate, association or corporation and any bylaws and |
stock
certificates must contain a restriction that |
provides that the ownership or
transfer of interest by any |
one of the persons a party to the agreement can
only be |
made to a person who qualifies as an Illinois resident.
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2. Provide for the registration of Illinois conceived |
and foaled
horses and no such horse shall compete in the |
races limited to Illinois
conceived and foaled horses |
unless registered with the Department of
Agriculture. The |
Department of Agriculture may prescribe such forms as
may |
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be necessary to determine the eligibility of such horses. |
No person
shall knowingly prepare or cause preparation of |
an application for
registration of such foals containing |
false information.
A mare (dam) must be in the State at |
least 30 days prior to foaling or
remain in the State at |
least 30 days at the time of foaling. However, the |
requirement that a mare (dam) must be in the State at least |
30 days before foaling or remain in the State at least 30 |
days at the time of foaling shall not be in effect from |
January 1, 2018 until January 1, 2022.
Beginning with the |
1996 breeding season and for foals of 1997 and thereafter,
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a foal conceived by transported semen may be eligible for |
Illinois
conceived and foaled registration provided all |
breeding and foaling
requirements are met. The stallion |
must be qualified for Illinois Standardbred
Breeders Fund |
breeding at the time of conception and the mare must be
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inseminated within the State of Illinois . The foal must be |
dropped in Illinois
and properly registered with the |
Department of Agriculture in accordance with
this Act. |
However, from January 1, 2018 until January 1, 2022, the |
requirement for a mare to be inseminated within the State |
of Illinois and the requirement for a foal to be dropped in |
Illinois are inapplicable.
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3. Provide that at least a 5-day racing program shall |
be conducted
at the State Fair each year, unless an |
alternate racing program is requested by the Illinois |
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Standardbred Breeders Fund Advisory Board, which program |
shall include at least the
following races limited to |
Illinois conceived and foaled horses: (a) a 2-year-old
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Trot and Pace, and Filly Division of each; (b) a |
3-year-old Trot and Pace, and Filly Division of each; (c) |
an aged Trot and Pace,
and Mare Division of each.
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4. Provide for the payment of nominating, sustaining |
and starting
fees for races promoting the sport of harness |
racing and for the races
to be conducted at the State Fair |
as provided in
subsection (j) 3 of this Section provided |
that the nominating,
sustaining and starting payment |
required from an entrant shall not
exceed 2% of the purse |
of such race. All nominating, sustaining and
starting |
payments shall be held for the benefit of entrants and |
shall be
paid out as part of the respective purses for such |
races.
Nominating, sustaining and starting fees shall be |
held in trust accounts
for the purposes as set forth in |
this Act and in accordance with Section
205-15 of the |
Department of Agriculture Law.
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5. Provide for the registration with the Department of |
Agriculture
of Colt Associations or county fairs desiring |
to sponsor races at county
fairs.
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6. Provide for the promotion of producing standardbred |
racehorses by providing a bonus award program for owners |
of 2-year-old horses that win multiple major stakes races |
that are limited to Illinois conceived and foaled horses. |
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(k) The Department of Agriculture, with the advice and |
assistance of the
Illinois
Standardbred Breeders Fund Advisory |
Board, may allocate monies for purse
supplements for such |
races. In determining whether to allocate money and
the |
amount, the Department
of Agriculture shall consider factors, |
including, but not limited to, the
amount of money |
appropriated for the Illinois Standardbred Breeders Fund
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program, the number of races that may occur, and an |
organization
licensee's purse structure. The organization |
licensee shall notify the
Department of Agriculture of the |
conditions and minimum purses for races
limited to Illinois |
conceived and foaled horses to be conducted by each |
organization
licensee conducting a harness racing meeting for |
which purse
supplements have been negotiated.
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(l) All races held at county fairs and the State Fair which |
receive funds
from the Illinois Standardbred Breeders Fund |
shall be conducted in
accordance with the rules of the United |
States Trotting Association unless
otherwise modified by the |
Department of Agriculture.
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(m) At all standardbred race meetings held or conducted |
under authority of a
license granted by the Board, and at all |
standardbred races held at county
fairs which are approved by |
the Department of Agriculture or at the
Illinois or DuQuoin |
State Fairs, no one shall jog, train, warm up or drive
a |
standardbred horse unless he or she is wearing a protective |
safety helmet,
with the
chin strap fastened and in place, |
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which meets the standards and
requirements as set forth in the |
1984 Standard for Protective Headgear for
Use in Harness |
Racing and Other Equestrian Sports published by the Snell
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Memorial Foundation, or any standards and requirements for |
headgear the
Illinois Racing Board may approve. Any other |
standards and requirements so
approved by the Board shall |
equal or exceed those published by the Snell
Memorial |
Foundation. Any equestrian helmet bearing the Snell label |
shall
be deemed to have met those standards and requirements.
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(Source: P.A. 101-31, eff. 6-28-19; 101-157, eff. 7-26-19; |
102-558, eff. 8-20-21.)
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Section 15. The Illinois Gambling Act is amended by |
changing Sections 8 and 13 and by adding Section 8.1 as |
follows:
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(230 ILCS 10/8) (from Ch. 120, par. 2408)
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Sec. 8. Suppliers licenses.
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(a) The Board may issue a suppliers license to such |
persons, firms or
corporations which apply therefor upon the |
payment of a non-refundable
application fee set by the Board, |
upon a determination by the Board that
the applicant is |
eligible for a suppliers license and upon payment of a
$5,000 |
annual license
fee. At the time of application for a supplier |
license under this Act, a person that holds a license as a |
manufacturer, distributor, or supplier under the Video Gaming |
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Act or a supplier license under the Sports Wagering Act shall |
be entitled to licensure under this Act as a supplier without |
additional Board investigation or approval, except by vote of |
the Board; however, the applicant shall pay all fees required |
for a suppliers license under this Act.
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(a-5) Except as provided by Section 8.1, the initial |
suppliers license shall be issued for 4 years. Thereafter, the |
license may be renewed for additional 4-year periods unless |
sooner canceled or terminated. |
(b) The holder of a suppliers license is authorized to |
sell or lease,
and to contract to sell or lease, gambling |
equipment and supplies to any
licensee involved in the |
ownership or management of gambling operations.
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(c) Gambling supplies and equipment may not be distributed
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unless supplies and equipment conform to standards adopted by
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rules of the Board.
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(d) A person, firm or corporation is ineligible to receive |
a suppliers
license if:
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(1) the person has been convicted of a felony under |
the laws of this
State, any other state, or the United |
States;
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(2) the person has been convicted of any violation of |
Article 28 of the
Criminal Code of 1961 or the Criminal |
Code of 2012, or substantially similar laws of any other |
jurisdiction;
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(3) the person has submitted an application for a |
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license under this
Act which contains false information;
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(4) the person is a member of the Board;
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(5) the entity is one in which a person defined in (1),
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(2), (3) or (4), is an officer, director or managerial |
employee;
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(6) the firm or corporation employs a person who |
participates in the
management or operation of gambling |
authorized under this Act;
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(7) the license of the person, firm or corporation |
issued under
this Act, or a license to own or operate |
gambling facilities
in any other jurisdiction, has been |
revoked.
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(e) Any person that supplies any equipment, devices, or |
supplies to a
licensed gambling operation must first obtain a |
suppliers
license. A supplier shall furnish to the Board a |
list of all equipment,
devices and supplies offered for sale |
or lease in connection with gambling
games authorized under |
this Act. A supplier shall keep books and records
for the |
furnishing of equipment, devices and supplies to gambling
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operations separate and distinct from any other business that |
the supplier
might operate. A supplier shall file a quarterly |
return with the Board
listing all sales and leases. A supplier |
shall permanently affix its name or a distinctive logo or |
other mark or design element identifying the manufacturer or |
supplier
to all its equipment, devices, and supplies, except |
gaming chips without a value impressed, engraved, or imprinted |
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on it, for gambling operations.
The Board may waive this |
requirement for any specific product or products if it |
determines that the requirement is not necessary to protect |
the integrity of the game. Items purchased from a licensed |
supplier may continue to be used even though the supplier |
subsequently changes its name, distinctive logo, or other mark |
or design element; undergoes a change in ownership; or ceases |
to be licensed as a supplier for any reason. Any supplier's |
equipment, devices or supplies which are used by any person
in |
an unauthorized gambling operation shall be forfeited to the |
State. A holder of an owners license or an organization gaming |
license may own its own equipment, devices and supplies. Each
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holder of an owners license or an organization gaming license |
under the Act shall file an annual report
listing its |
inventories of gambling equipment, devices and supplies.
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(f) Any person who knowingly makes a false statement on an |
application
is guilty of a Class A misdemeanor.
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(g) Any gambling equipment, devices and supplies provided |
by any
licensed supplier may either be repaired on the |
riverboat, in the casino, or at the organization gaming |
facility or removed from
the riverboat, casino, or |
organization gaming facility to a facility owned by the holder |
of an owners
license, organization gaming license, or |
suppliers license for repair.
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(Source: P.A. 101-31, eff. 6-28-19.)
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(230 ILCS 10/8.1 new) |
Sec. 8.1. Harmonization of supplier category licenses. |
(a) As used in this Section, "supplier category license" |
means a suppliers license issued under this Act, a supplier |
license issued under the Sports Wagering Act, or a |
manufacturer, distributor, or supplier license issued under |
the Video Gaming Act. |
(b) If a holder of any supplier category license is |
granted an additional supplier category license, the initial |
period of the new supplier category license shall expire at |
the earliest expiration date of any other supplier category |
license held by the licensee. If a licensee holds multiple |
supplier category licenses on the effective date of this |
amendatory Act of the 102nd General Assembly, all supplier |
category licenses shall expire at the earliest expiration date |
of any of the supplier category licenses held by the licensee.
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(230 ILCS 10/13) (from Ch. 120, par. 2413)
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Sec. 13. Wagering tax; rate; distribution.
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(a) Until January 1, 1998, a tax is imposed on the adjusted |
gross
receipts received from gambling games authorized under |
this Act at the rate of
20%.
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(a-1) From January 1, 1998 until July 1, 2002, a privilege |
tax is
imposed on persons engaged in the business of |
conducting riverboat gambling
operations, based on the |
adjusted gross receipts received by a licensed owner
from |
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gambling games authorized under this Act at the following |
rates:
|
15% of annual adjusted gross receipts up to and |
including $25,000,000;
|
20% of annual adjusted gross receipts in excess of |
$25,000,000 but not
exceeding $50,000,000;
|
25% of annual adjusted gross receipts in excess of |
$50,000,000 but not
exceeding $75,000,000;
|
30% of annual adjusted gross receipts in excess of |
$75,000,000 but not
exceeding $100,000,000;
|
35% of annual adjusted gross receipts in excess of |
$100,000,000.
|
(a-2) From July 1, 2002 until July 1, 2003, a privilege tax |
is imposed on
persons engaged in the business of conducting |
riverboat gambling operations,
other than licensed managers |
conducting riverboat gambling operations on behalf
of the |
State, based on the adjusted gross receipts received by a |
licensed
owner from gambling games authorized under this Act |
at the following rates:
|
15% of annual adjusted gross receipts up to and |
including $25,000,000;
|
22.5% of annual adjusted gross receipts in excess of |
$25,000,000 but not
exceeding $50,000,000;
|
27.5% of annual adjusted gross receipts in excess of |
$50,000,000 but not
exceeding $75,000,000;
|
32.5% of annual adjusted gross receipts in excess of |
|
$75,000,000 but not
exceeding $100,000,000;
|
37.5% of annual adjusted gross receipts in excess of |
$100,000,000 but not
exceeding $150,000,000;
|
45% of annual adjusted gross receipts in excess of |
$150,000,000 but not
exceeding $200,000,000;
|
50% of annual adjusted gross receipts in excess of |
$200,000,000.
|
(a-3) Beginning July 1, 2003, a privilege tax is imposed |
on persons engaged
in the business of conducting riverboat |
gambling operations, other than
licensed managers conducting |
riverboat gambling operations on behalf of the
State, based on |
the adjusted gross receipts received by a licensed owner from
|
gambling games authorized under this Act at the following |
rates:
|
15% of annual adjusted gross receipts up to and |
including $25,000,000;
|
27.5% of annual adjusted gross receipts in excess of |
$25,000,000 but not
exceeding $37,500,000;
|
32.5% of annual adjusted gross receipts in excess of |
$37,500,000 but not
exceeding $50,000,000;
|
37.5% of annual adjusted gross receipts in excess of |
$50,000,000 but not
exceeding $75,000,000;
|
45% of annual adjusted gross receipts in excess of |
$75,000,000 but not
exceeding $100,000,000;
|
50% of annual adjusted gross receipts in excess of |
$100,000,000 but not
exceeding $250,000,000;
|
|
70% of annual adjusted gross receipts in excess of |
$250,000,000.
|
An amount equal to the amount of wagering taxes collected |
under this
subsection (a-3) that are in addition to the amount |
of wagering taxes that
would have been collected if the |
wagering tax rates under subsection (a-2)
were in effect shall |
be paid into the Common School Fund.
|
The privilege tax imposed under this subsection (a-3) |
shall no longer be
imposed beginning on the earlier of (i) July |
1, 2005; (ii) the first date
after June 20, 2003 that riverboat |
gambling operations are conducted
pursuant to a dormant |
license; or (iii) the first day that riverboat gambling
|
operations are conducted under the authority of an owners |
license that is in
addition to the 10 owners licenses |
initially authorized under this Act.
For the purposes of this |
subsection (a-3), the term "dormant license"
means an owners |
license that is authorized by this Act under which no
|
riverboat gambling operations are being conducted on June 20, |
2003.
|
(a-4) Beginning on the first day on which the tax imposed |
under
subsection (a-3) is no longer imposed and ending upon |
the imposition of the privilege tax under subsection (a-5) of |
this Section, a privilege tax is imposed on persons
engaged in |
the business of conducting gambling operations, other
than |
licensed managers conducting riverboat gambling operations on |
behalf of
the State, based on the adjusted gross receipts |
|
received by a licensed owner
from gambling games authorized |
under this Act at the following rates:
|
15% of annual adjusted gross receipts up to and |
including $25,000,000;
|
22.5% of annual adjusted gross receipts in excess of |
$25,000,000 but not
exceeding $50,000,000;
|
27.5% of annual adjusted gross receipts in excess of |
$50,000,000 but not
exceeding $75,000,000;
|
32.5% of annual adjusted gross receipts in excess of |
$75,000,000 but not
exceeding $100,000,000;
|
37.5% of annual adjusted gross receipts in excess of |
$100,000,000 but not
exceeding $150,000,000;
|
45% of annual adjusted gross receipts in excess of |
$150,000,000 but not
exceeding $200,000,000;
|
50% of annual adjusted gross receipts in excess of |
$200,000,000.
|
For the imposition of the privilege tax in this subsection |
(a-4), amounts paid pursuant to item (1) of subsection (b) of |
Section 56 of the Illinois Horse Racing Act of 1975 shall not |
be included in the determination of adjusted gross receipts. |
(a-5)(1) Beginning on July 1, 2020, a privilege tax is |
imposed on persons engaged in the business of conducting |
gambling operations, other than the owners licensee under |
paragraph (1) of subsection (e-5) of Section 7 and licensed |
managers conducting riverboat gambling operations on behalf of |
the State, based on the adjusted gross receipts received by |
|
such licensee from the gambling games authorized under this |
Act. The privilege tax for all gambling games other than table |
games, including, but not limited to, slot machines, video |
game of chance gambling, and electronic gambling games shall |
be at the following rates: |
15% of annual adjusted gross receipts up to and |
including $25,000,000; |
22.5% of annual adjusted gross receipts in excess of |
$25,000,000 but not exceeding $50,000,000; |
27.5% of annual adjusted gross receipts in excess of |
$50,000,000 but not exceeding $75,000,000; |
32.5% of annual adjusted gross receipts in excess of |
$75,000,000 but not exceeding $100,000,000; |
37.5% of annual adjusted gross receipts in excess of |
$100,000,000 but not exceeding $150,000,000; |
45% of annual adjusted gross receipts in excess of |
$150,000,000 but not exceeding $200,000,000; |
50% of annual adjusted gross receipts in excess of |
$200,000,000. |
The privilege tax for table games shall be at the |
following rates: |
15% of annual adjusted gross receipts up to and |
including $25,000,000; |
20% of annual adjusted gross receipts in excess of |
$25,000,000. |
For the imposition of the privilege tax in this subsection |
|
(a-5), amounts paid pursuant to item (1) of subsection (b) of |
Section 56 of the Illinois Horse Racing Act of 1975 shall not |
be included in the determination of adjusted gross receipts. |
(2) Beginning on the first day that an owners licensee |
under paragraph (1) of subsection (e-5) of Section 7 conducts |
gambling operations, either in a temporary facility or a |
permanent facility, a privilege tax is imposed on persons |
engaged in the business of conducting gambling operations |
under paragraph (1) of subsection (e-5) of Section 7, other |
than licensed managers conducting riverboat gambling |
operations on behalf of the State, based on the adjusted gross |
receipts received by such licensee from the gambling games |
authorized under this Act. The privilege tax for all gambling |
games other than table games, including, but not limited to, |
slot machines, video game of chance gambling, and electronic |
gambling games shall be at the following rates: |
12% of annual adjusted gross receipts up to and
|
including $25,000,000 to the State and 10.5% of annual |
adjusted gross receipts up to and including $25,000,000 to |
the City of Chicago; |
16% of annual adjusted gross receipts in excess of
|
$25,000,000 but not exceeding $50,000,000 to the State and |
14% of annual adjusted gross receipts in excess of |
$25,000,000 but not exceeding $50,000,000 to the City of |
Chicago; |
20.1% of annual adjusted gross receipts in excess of
|
|
$50,000,000 but not exceeding $75,000,000 to the State and |
17.4% of annual adjusted gross receipts in excess of |
$50,000,000 but not exceeding $75,000,000 to the City of |
Chicago; |
21.4% of annual adjusted gross receipts in excess of
|
$75,000,000 but not exceeding $100,000,000 to the State |
and 18.6% of annual adjusted gross receipts in excess of |
$75,000,000 but not exceeding $100,000,000 to the City of |
Chicago; |
22.7% of annual adjusted gross receipts in excess of
|
$100,000,000 but not exceeding $150,000,000 to the State |
and 19.8% of annual adjusted gross receipts in excess of |
$100,000,000 but not exceeding $150,000,000 to the City of |
Chicago; |
24.1% of annual adjusted gross receipts in excess of
|
$150,000,000 but not exceeding $225,000,000 to the State |
and 20.9% of annual adjusted gross receipts in excess of |
$150,000,000 but not exceeding $225,000,000 to the City of |
Chicago; |
26.8% of annual adjusted gross receipts in excess of
|
$225,000,000 but not exceeding $1,000,000,000 to the State |
and 23.2% of annual adjusted gross receipts in excess of |
$225,000,000 but not exceeding $1,000,000,000 to the City |
of Chicago; |
40% of annual adjusted gross receipts in excess of |
$1,000,000,000 to the State and 34.7% of annual gross |
|
receipts in excess of $1,000,000,000 to the City of |
Chicago. |
The privilege tax for table games shall be at the |
following rates: |
8.1% of annual adjusted gross receipts up to and |
including $25,000,000 to the State and 6.9% of annual |
adjusted gross receipts up to and including $25,000,000 to |
the City of Chicago; |
10.7% of annual adjusted gross receipts in excess of |
$25,000,000 but not exceeding $75,000,000 to the State and |
9.3% of annual adjusted gross receipts in excess of |
$25,000,000 but not exceeding $75,000,000 to the City of |
Chicago; |
11.2% of annual adjusted gross receipts in excess of |
$75,000,000 but not exceeding $175,000,000 to the State |
and 9.8% of annual adjusted gross receipts in excess of |
$75,000,000 but not exceeding $175,000,000 to the City of |
Chicago; |
13.5% of annual adjusted gross receipts in excess of |
$175,000,000 but not exceeding $225,000,000 to the State |
and 11.5% of annual adjusted gross receipts in excess of |
$175,000,000 but not exceeding $225,000,000 to the City of |
Chicago; |
15.1% of annual adjusted gross receipts in excess of |
$225,000,000 but not exceeding $275,000,000 to the State |
and 12.9% of annual adjusted gross receipts in excess of |
|
$225,000,000 but not exceeding $275,000,000 to the City of |
Chicago; |
16.2% of annual adjusted gross receipts in excess of |
$275,000,000 but not exceeding $375,000,000 to the State |
and 13.8% of annual adjusted gross receipts in excess of |
$275,000,000 but not exceeding $375,000,000 to the City of |
Chicago; |
18.9% of annual adjusted gross receipts in excess of |
$375,000,000 to the State and 16.1% of annual gross |
receipts in excess of $375,000,000 to the City of Chicago. |
For the imposition of the privilege tax in this subsection |
(a-5), amounts paid pursuant to item (1) of subsection (b) of |
Section 56 of the Illinois Horse Racing Act of 1975 shall not |
be included in the determination of adjusted gross receipts. |
Notwithstanding the provisions of this subsection (a-5), |
for the first 10 years that the privilege tax is imposed under |
this subsection (a-5), the privilege tax shall be imposed on |
the modified annual adjusted gross receipts of a riverboat or |
casino conducting gambling operations in the City of East St. |
Louis, unless: |
(1) the riverboat or casino fails to employ at least |
450 people , except no minimum employment shall be required |
during 2020 and 2021 or during periods that the riverboat |
or casino is closed on orders of State officials for |
public health emergencies or other emergencies not caused |
by the riverboat or casino ; |
|
(2) the riverboat or casino fails to maintain |
operations in a manner consistent with this Act or is not a |
viable riverboat or casino subject to the approval of the |
Board; or |
(3) the owners licensee is not an entity in which |
employees participate in an employee stock ownership plan |
or in which the owners licensee sponsors a 401(k) |
retirement plan and makes a matching employer contribution |
equal to at least one-quarter of the first 12% or one-half |
of the first 6% of each participating employee's |
contribution, not to exceed any limitations under federal |
laws and regulations . |
As used in this subsection (a-5), "modified annual |
adjusted gross receipts" means: |
(A) for calendar year 2020, the annual adjusted gross |
receipts for the current year minus the difference between |
an amount equal to the average annual adjusted gross |
receipts from a riverboat or casino conducting gambling |
operations in the City of East St. Louis for 2014, 2015, |
2016, 2017, and 2018 and the annual adjusted gross |
receipts for 2018; |
(B) for calendar year 2021, the annual adjusted gross |
receipts for the current year minus the difference between |
an amount equal to the average annual adjusted gross |
receipts from a riverboat or casino conducting gambling |
operations in the City of East St. Louis for 2014, 2015, |
|
2016, 2017, and 2018 and the annual adjusted gross |
receipts for 2019; and |
(C) for calendar years 2022 through 2029, the annual |
adjusted gross receipts for the current year minus the |
difference between an amount equal to the average annual |
adjusted gross receipts from a riverboat or casino |
conducting gambling operations in the City of East St. |
Louis for 3 years preceding the current year and the |
annual adjusted gross receipts for the immediately |
preceding year. |
(a-6) From June 28, 2019 (the effective date of Public Act |
101-31) until June 30, 2023, an owners licensee that conducted |
gambling operations prior to January 1, 2011 shall receive a |
dollar-for-dollar credit against the tax imposed under this |
Section for any renovation or construction costs paid by the |
owners licensee, but in no event shall the credit exceed |
$2,000,000. |
Additionally, from June 28, 2019 (the effective date of |
Public Act 101-31) until December 31, 2022, an owners licensee |
that (i) is located within 15 miles of the Missouri border, and |
(ii) has at least 3 riverboats, casinos, or their equivalent |
within a 45-mile radius, may be authorized to relocate to a new |
location with the approval of both the unit of local |
government designated as the home dock and the Board, so long |
as the new location is within the same unit of local government |
and no more than 3 miles away from its original location. Such |
|
owners licensee shall receive a credit against the tax imposed |
under this Section equal to 8% of the total project costs, as |
approved by the Board, for any renovation or construction |
costs paid by the owners licensee for the construction of the |
new facility, provided that the new facility is operational by |
July 1, 2022. In determining whether or not to approve a |
relocation, the Board must consider the extent to which the |
relocation will diminish the gaming revenues received by other |
Illinois gaming facilities. |
(a-7) Beginning in the initial adjustment year and through |
the final adjustment year, if the total obligation imposed |
pursuant to either subsection (a-5) or (a-6) will result in an |
owners licensee receiving less after-tax adjusted gross |
receipts than it received in calendar year 2018, then the |
total amount of privilege taxes that the owners licensee is |
required to pay for that calendar year shall be reduced to the |
extent necessary so that the after-tax adjusted gross receipts |
in that calendar year equals the after-tax adjusted gross |
receipts in calendar year 2018, but the privilege tax |
reduction shall not exceed the annual adjustment cap. If |
pursuant to this subsection (a-7), the total obligation |
imposed pursuant to either subsection (a-5) or (a-6) shall be |
reduced, then the owners licensee shall not receive a refund |
from the State at the end of the subject calendar year but |
instead shall be able to apply that amount as a credit against |
any payments it owes to the State in the following calendar |
|
year to satisfy its total obligation under either subsection |
(a-5) or (a-6). The credit for the final adjustment year shall |
occur in the calendar year following the final adjustment |
year. |
If an owners licensee that conducted gambling operations |
prior to January 1, 2019 expands its riverboat or casino, |
including, but not limited to, with respect to its gaming |
floor, additional non-gaming amenities such as restaurants, |
bars, and hotels and other additional facilities, and incurs |
construction and other costs related to such expansion from |
June 28, 2019 (the effective date of Public Act 101-31) until |
June 28, 2024 (the 5th anniversary of the effective date of |
Public Act 101-31), then for each $15,000,000 spent for any |
such construction or other costs related to expansion paid by |
the owners licensee, the final adjustment year shall be |
extended by one year and the annual adjustment cap shall |
increase by 0.2% of adjusted gross receipts during each |
calendar year until and including the final adjustment year. |
No further modifications to the final adjustment year or |
annual adjustment cap shall be made after $75,000,000 is |
incurred in construction or other costs related to expansion |
so that the final adjustment year shall not extend beyond the |
9th calendar year after the initial adjustment year, not |
including the initial adjustment year, and the annual |
adjustment cap shall not exceed 4% of adjusted gross receipts |
in a particular calendar year. Construction and other costs |
|
related to expansion shall include all project related costs, |
including, but not limited to, all hard and soft costs, |
financing costs, on or off-site ground, road or utility work, |
cost of gaming equipment and all other personal property, |
initial fees assessed for each incremental gaming position, |
and the cost of incremental land acquired for such expansion. |
Soft costs shall include, but not be limited to, legal fees, |
architect, engineering and design costs, other consultant |
costs, insurance cost, permitting costs, and pre-opening costs |
related to the expansion, including, but not limited to, any |
of the following: marketing, real estate taxes, personnel, |
training, travel and out-of-pocket expenses, supply, |
inventory, and other costs, and any other project related soft |
costs. |
To be eligible for the tax credits in subsection (a-6), |
all construction contracts shall include a requirement that |
the contractor enter into a project labor agreement with the |
building and construction trades council with geographic |
jurisdiction of the location of the proposed gaming facility. |
Notwithstanding any other provision of this subsection |
(a-7), this subsection (a-7) does not apply to an owners |
licensee unless such owners licensee spends at least |
$15,000,000 on construction and other costs related to its |
expansion, excluding the initial fees assessed for each |
incremental gaming position. |
This subsection (a-7) does not apply to owners licensees
|
|
authorized pursuant to subsection (e-5) of Section 7 of this
|
Act. |
For purposes of this subsection (a-7): |
"Building and construction trades council" means any |
organization representing multiple construction entities that |
are monitoring or attentive to compliance with public or |
workers' safety laws, wage and hour requirements, or other |
statutory requirements or that are making or maintaining |
collective bargaining agreements. |
"Initial adjustment year" means the year commencing on |
January 1 of the calendar year immediately following the |
earlier of the following: |
(1) the commencement of gambling operations, either in |
a temporary or permanent facility, with respect to the |
owners license authorized under paragraph (1) of |
subsection (e-5) of Section 7 of this Act; or |
(2) June 28, 2021 (24 months after the effective date |
of Public Act 101-31); |
provided the initial adjustment year shall not commence |
earlier than June 28, 2020 (12 months after the effective date |
of Public Act 101-31). |
"Final adjustment year" means the 2nd calendar year after |
the initial adjustment year, not including the initial |
adjustment year, and as may be extended further as described |
in this subsection (a-7). |
"Annual adjustment cap" means 3% of adjusted gross |
|
receipts in a particular calendar year, and as may be |
increased further as otherwise described in this subsection |
(a-7). |
(a-8) Riverboat gambling operations conducted by a |
licensed manager on
behalf of the State are not subject to the |
tax imposed under this Section.
|
(a-9) Beginning on January 1, 2020, the calculation of |
gross receipts or adjusted gross receipts, for the purposes of |
this Section, for a riverboat, a casino, or an organization |
gaming facility shall not include the dollar amount of |
non-cashable vouchers, coupons, and electronic promotions |
redeemed by wagerers upon the riverboat, in the casino, or in |
the organization gaming facility up to and including an amount |
not to exceed 20% of a riverboat's, a casino's, or an |
organization gaming facility's adjusted gross receipts. |
The Illinois Gaming Board shall submit to the General |
Assembly a comprehensive report no later than March 31, 2023 |
detailing, at a minimum, the effect of removing non-cashable |
vouchers, coupons, and electronic promotions from this |
calculation on net gaming revenues to the State in calendar |
years 2020 through 2022, the increase or reduction in wagerers |
as a result of removing non-cashable vouchers, coupons, and |
electronic promotions from this calculation, the effect of the |
tax rates in subsection (a-5) on net gaming revenues to this |
State, and proposed modifications to the calculation. |
(a-10) The taxes imposed by this Section shall be paid by |
|
the licensed
owner or the organization gaming licensee to the |
Board not later than 5:00 o'clock p.m. of the day after the day
|
when the wagers were made.
|
(a-15) If the privilege tax imposed under subsection (a-3) |
is no longer imposed pursuant to item (i) of the last paragraph |
of subsection (a-3), then by June 15 of each year, each owners |
licensee, other than an owners licensee that admitted |
1,000,000 persons or
fewer in calendar year 2004, must, in |
addition to the payment of all amounts otherwise due under |
this Section, pay to the Board a reconciliation payment in the |
amount, if any, by which the licensed owner's base amount |
exceeds the amount of net privilege tax paid by the licensed |
owner to the Board in the then current State fiscal year. A |
licensed owner's net privilege tax obligation due for the |
balance of the State fiscal year shall be reduced up to the |
total of the amount paid by the licensed owner in its June 15 |
reconciliation payment. The obligation imposed by this |
subsection (a-15) is binding on any person, firm, corporation, |
or other entity that acquires an ownership interest in any |
such owners license. The obligation imposed under this |
subsection (a-15) terminates on the earliest of: (i) July 1, |
2007, (ii) the first day after August 23, 2005 ( the effective |
date of Public Act 94-673) this amendatory Act of the 94th |
General Assembly that riverboat gambling operations are |
conducted pursuant to a dormant license, (iii) the first day |
that riverboat gambling operations are conducted under the |
|
authority of an owners license that is in addition to the 10 |
owners licenses initially authorized under this Act, or (iv) |
the first day that a licensee under the Illinois Horse Racing |
Act of 1975 conducts gaming operations with slot machines or |
other electronic gaming devices. The Board must reduce the |
obligation imposed under this subsection (a-15) by an amount |
the Board deems reasonable for any of the following reasons: |
(A) an act or acts of God, (B) an act of bioterrorism or |
terrorism or a bioterrorism or terrorism threat that was |
investigated by a law enforcement agency, or (C) a condition |
beyond the control of the owners licensee that does not result |
from any act or omission by the owners licensee or any of its |
agents and that poses a hazardous threat to the health and |
safety of patrons. If an owners licensee pays an amount in |
excess of its liability under this Section, the Board shall |
apply the overpayment to future payments required under this |
Section. |
For purposes of this subsection (a-15): |
"Act of God" means an incident caused by the operation of |
an extraordinary force that cannot be foreseen, that cannot be |
avoided by the exercise of due care, and for which no person |
can be held liable.
|
"Base amount" means the following: |
For a riverboat in Alton, $31,000,000.
|
For a riverboat in East Peoria, $43,000,000.
|
For the Empress riverboat in Joliet, $86,000,000.
|
|
For a riverboat in Metropolis, $45,000,000.
|
For the Harrah's riverboat in Joliet, $114,000,000.
|
For a riverboat in Aurora, $86,000,000.
|
For a riverboat in East St. Louis, $48,500,000.
|
For a riverboat in Elgin, $198,000,000.
|
"Dormant license" has the meaning ascribed to it in |
subsection (a-3).
|
"Net privilege tax" means all privilege taxes paid by a |
licensed owner to the Board under this Section, less all |
payments made from the State Gaming Fund pursuant to |
subsection (b) of this Section. |
The changes made to this subsection (a-15) by Public Act |
94-839 are intended to restate and clarify the intent of |
Public Act 94-673 with respect to the amount of the payments |
required to be made under this subsection by an owners |
licensee to the Board.
|
(b) From the tax revenue from riverboat or casino gambling
|
deposited in the State Gaming Fund under this Section, an |
amount equal to 5% of
adjusted gross receipts generated by a |
riverboat or a casino, other than a riverboat or casino |
designated in paragraph (1), (3), or (4) of subsection (e-5) |
of Section 7, shall be paid monthly, subject
to appropriation |
by the General Assembly, to the unit of local government in |
which the casino is located or that
is designated as the home |
dock of the riverboat. Notwithstanding anything to the |
contrary, beginning on the first day that an owners licensee |
|
under paragraph (1), (2), (3), (4), (5), or (6) of subsection |
(e-5) of Section 7 conducts gambling operations, either in a |
temporary facility or a permanent facility, and for 2 years |
thereafter, a unit of local government designated as the home |
dock of a riverboat whose license was issued before January 1, |
2019, other than a riverboat conducting gambling operations in |
the City of East St. Louis, shall not receive less under this |
subsection (b) than the amount the unit of local government |
received under this subsection (b) in calendar year 2018. |
Notwithstanding anything to the contrary and because the City |
of East St. Louis is a financially distressed city, beginning |
on the first day that an owners licensee under paragraph (1), |
(2), (3), (4), (5), or (6) of subsection (e-5) of Section 7 |
conducts gambling operations, either in a temporary facility |
or a permanent facility, and for 10 years thereafter, a unit of |
local government designated as the home dock of a riverboat |
conducting gambling operations in the City of East St. Louis |
shall not receive less under this subsection (b) than the |
amount the unit of local government received under this |
subsection (b) in calendar year 2018. |
From the tax revenue
deposited in the State Gaming Fund |
pursuant to riverboat or casino gambling operations
conducted |
by a licensed manager on behalf of the State, an amount equal |
to 5%
of adjusted gross receipts generated pursuant to those |
riverboat or casino gambling
operations shall be paid monthly,
|
subject to appropriation by the General Assembly, to the unit |
|
of local
government that is designated as the home dock of the |
riverboat upon which
those riverboat gambling operations are |
conducted or in which the casino is located. |
From the tax revenue from riverboat or casino gambling |
deposited in the State Gaming Fund under this Section, an |
amount equal to 5% of the adjusted gross receipts generated by |
a riverboat designated in paragraph (3) of subsection (e-5) of |
Section 7 shall be divided and remitted monthly, subject to |
appropriation, as follows: 70% to Waukegan, 10% to Park City, |
15% to North Chicago, and 5% to Lake County. |
From the tax revenue from riverboat or casino gambling |
deposited in the State Gaming Fund under this Section, an |
amount equal to 5% of the adjusted gross receipts generated by |
a riverboat designated in paragraph (4) of subsection (e-5) of |
Section 7 shall be remitted monthly, subject to appropriation, |
as follows: 70% to the City of Rockford, 5% to the City of |
Loves Park, 5% to the Village of Machesney, and 20% to |
Winnebago County. |
From the tax revenue from riverboat or casino gambling |
deposited in the State Gaming Fund under this Section, an |
amount equal to 5% of the adjusted gross receipts generated by |
a riverboat designated in paragraph (5) of subsection (e-5) of |
Section 7 shall be remitted monthly, subject to appropriation, |
as follows: 2% to the unit of local government in which the |
riverboat or casino is located, and 3% shall be distributed: |
(A) in accordance with a regional capital development plan |
|
entered into by the following communities: Village of Beecher, |
City of Blue Island, Village of Burnham, City of Calumet City, |
Village of Calumet Park, City of Chicago Heights, City of |
Country Club Hills, Village of Crestwood, Village of Crete, |
Village of Dixmoor, Village of Dolton, Village of East Hazel |
Crest, Village of Flossmoor, Village of Ford Heights, Village |
of Glenwood, City of Harvey, Village of Hazel Crest, Village |
of Homewood, Village of Lansing, Village of Lynwood, City of |
Markham, Village of Matteson, Village of Midlothian, Village |
of Monee, City of Oak Forest, Village of Olympia Fields, |
Village of Orland Hills, Village of Orland Park, City of Palos |
Heights, Village of Park Forest, Village of Phoenix, Village |
of Posen, Village of Richton Park, Village of Riverdale, |
Village of Robbins, Village of Sauk Village, Village of South |
Chicago Heights, Village of South Holland, Village of Steger, |
Village of Thornton, Village of Tinley Park, Village of |
University Park , and Village of Worth; or (B) if no regional |
capital development plan exists, equally among the communities |
listed in item (A) to be used for capital expenditures or |
public pension payments, or both. |
Units of local government may refund any portion of the |
payment that they receive pursuant to this subsection (b) to |
the riverboat or casino.
|
(b-4) Beginning on the first day the licensee under |
paragraph (5) of subsection (e-5) of Section 7 conducts |
gambling operations, either in a temporary facility or a |
|
permanent facility, and ending on July 31, 2042, from the tax |
revenue deposited in the State Gaming Fund under this Section, |
$5,000,000 shall be paid annually, subject
to appropriation, |
to the host municipality of that owners licensee of a license |
issued or re-issued pursuant to Section
7.1 of this Act before |
January 1, 2012. Payments received by the host municipality |
pursuant to this subsection (b-4) may not be shared with any |
other unit of local government. |
(b-5) Beginning on June 28, 2019 (the effective date of |
Public Act 101-31), from the tax revenue
deposited in the |
State Gaming Fund under this Section, an amount equal to 3% of
|
adjusted gross receipts generated by each organization gaming |
facility located outside Madison County shall be paid monthly, |
subject
to appropriation by the General Assembly, to a |
municipality other than the Village of Stickney in which each |
organization gaming facility is located or, if the |
organization gaming facility is not located within a |
municipality, to the county in which the organization gaming |
facility is located, except as otherwise provided in this |
Section. From the tax revenue deposited in the State Gaming |
Fund under this Section, an amount equal to 3% of adjusted |
gross receipts generated by an organization gaming facility |
located in the Village of Stickney shall be paid monthly, |
subject to appropriation by the General Assembly, as follows: |
25% to the Village of Stickney, 5% to the City of Berwyn, 50% |
to the Town of Cicero, and 20% to the Stickney Public Health |
|
District. |
From the tax revenue deposited in the State Gaming Fund |
under this Section, an amount equal to 5% of adjusted gross |
receipts generated by an organization gaming facility located |
in the City of Collinsville shall be paid monthly, subject to |
appropriation by the General Assembly, as follows: 30% to the |
City of Alton, 30% to the City of East St. Louis, and 40% to |
the City of Collinsville. |
Municipalities and counties may refund any portion of the |
payment that they receive pursuant to this subsection (b-5) to |
the organization gaming facility. |
(b-6) Beginning on June 28, 2019 (the effective date of |
Public Act 101-31), from the tax revenue deposited in the |
State Gaming Fund under this Section, an amount equal to 2% of |
adjusted gross receipts generated by an organization gaming |
facility located outside Madison County shall be paid monthly, |
subject to appropriation by the General Assembly, to the |
county in which the organization gaming facility is located |
for the purposes of its criminal justice system or health care |
system. |
Counties may refund any portion of the payment that they |
receive pursuant to this subsection (b-6) to the organization |
gaming facility. |
(b-7) From the tax revenue from the organization gaming |
licensee located in one of the following townships of Cook |
County: Bloom, Bremen, Calumet, Orland, Rich, Thornton, or |
|
Worth, an amount equal to 5% of the adjusted gross receipts |
generated by that organization gaming licensee shall be |
remitted monthly, subject to appropriation, as follows: 2% to |
the unit of local government in which the organization gaming |
licensee is located, and 3% shall be distributed: (A) in |
accordance with a regional capital development plan entered |
into by the following communities: Village of Beecher, City of |
Blue Island, Village of Burnham, City of Calumet City, Village |
of Calumet Park, City of Chicago Heights, City of Country Club |
Hills, Village of Crestwood, Village of Crete, Village of |
Dixmoor, Village of Dolton, Village of East Hazel Crest, |
Village of Flossmoor, Village of Ford Heights, Village of |
Glenwood, City of Harvey, Village of Hazel Crest, Village of |
Homewood, Village of Lansing, Village of Lynwood, City of |
Markham, Village of Matteson, Village of Midlothian, Village |
of Monee, City of Oak Forest, Village of Olympia Fields, |
Village of Orland Hills, Village of Orland Park, City of Palos |
Heights, Village of Park Forest, Village of Phoenix, Village |
of Posen, Village of Richton Park, Village of Riverdale, |
Village of Robbins, Village of Sauk Village, Village of South |
Chicago Heights, Village of South Holland, Village of Steger, |
Village of Thornton, Village of Tinley Park, Village of |
University Park, and Village of Worth; or (B) if no regional |
capital development plan exists, equally among the communities |
listed in item (A) to be used for capital expenditures or |
public pension payments, or both. |
|
(b-8) In lieu of the payments under subsection (b) of this |
Section, from the tax revenue deposited in the State Gaming
|
Fund pursuant to riverboat or casino gambling operations |
conducted by an owners licensee
under paragraph (1) of |
subsection (e-5) of Section 7, an amount equal to the tax |
revenue
generated from the privilege tax imposed by paragraph |
(2) of subsection (a-5) that is to be
paid to the City of |
Chicago shall be paid monthly, subject
to appropriation by the |
General Assembly, as follows: (1) an amount equal to 0.5% of |
the annual adjusted gross receipts
generated by the owners |
licensee under paragraph (1) of subsection (e-5) of Section 7 |
to the home rule county in which the owners licensee is located |
for the purpose of enhancing
the county's criminal justice |
system; and (2) the balance to the City of Chicago and shall be |
expended or obligated by the City of Chicago for pension |
payments in accordance with Public Act 99-506. |
(c) Appropriations, as approved by the General Assembly, |
may be made
from the State Gaming Fund to the Board (i) for the |
administration and enforcement of this Act and the Video |
Gaming Act, (ii) for distribution to the Illinois State Police |
and to the Department of Revenue for the enforcement of this |
Act and the Video Gaming Act, and (iii) to the
Department of |
Human Services for the administration of programs to treat
|
problem gambling, including problem gambling from sports |
wagering. The Board's annual appropriations request must |
separately state its funding needs for the regulation of |
|
gaming authorized under Section 7.7, riverboat gaming, casino |
gaming, video gaming, and sports wagering.
|
(c-2) An amount equal to 2% of the adjusted gross receipts |
generated by an organization gaming facility located within a |
home rule county with a population of over 3,000,000 |
inhabitants shall be paid, subject to appropriation
from the |
General Assembly, from the State Gaming Fund to the home rule
|
county in which the organization gaming licensee is located |
for the purpose of
enhancing the county's criminal justice |
system. |
(c-3) Appropriations, as approved by the General Assembly, |
may be made from the tax revenue deposited into the State |
Gaming Fund from organization gaming licensees pursuant to |
this Section for the administration and enforcement of this |
Act.
|
(c-4) After payments required under subsections (b), |
(b-5), (b-6), (b-7), (c), (c-2), and (c-3) have been made from |
the tax revenue from organization gaming licensees deposited |
into the State Gaming Fund under this Section, all remaining |
amounts from organization gaming licensees shall be |
transferred into the Capital Projects Fund. |
(c-5) (Blank).
|
(c-10) Each year the General Assembly shall appropriate |
from the General
Revenue Fund to the Education Assistance Fund |
an amount equal to the amount
paid into the Horse Racing Equity |
Fund pursuant to subsection (c-5) in the
prior calendar year.
|
|
(c-15) After the payments required under subsections (b), |
(c), and (c-5)
have been made, an amount equal to 2% of the |
adjusted gross receipts of (1)
an owners licensee that |
relocates pursuant to Section 11.2, (2) an owners
licensee |
conducting riverboat gambling operations pursuant to
an
owners |
license that is initially issued after June 25, 1999,
or (3) |
the first
riverboat gambling operations conducted by a |
licensed manager on behalf of the
State under Section 7.3,
|
whichever comes first, shall be paid, subject to appropriation
|
from the General Assembly, from the State Gaming Fund to each |
home rule
county with a population of over 3,000,000 |
inhabitants for the purpose of
enhancing the county's criminal |
justice system.
|
(c-20) Each year the General Assembly shall appropriate |
from the General
Revenue Fund to the Education Assistance Fund |
an amount equal to the amount
paid to each home rule county |
with a population of over 3,000,000 inhabitants
pursuant to |
subsection (c-15) in the prior calendar year.
|
(c-21) After the payments required under subsections (b), |
(b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), and (c-4) have |
been made, an amount equal to 0.5% of the adjusted gross |
receipts generated by the owners licensee under paragraph (1) |
of subsection (e-5) of Section 7 shall be paid monthly, |
subject to appropriation
from the General Assembly, from the |
State Gaming Fund to the home rule
county in which the owners |
licensee is located for the purpose of
enhancing the county's |
|
criminal justice system. |
(c-22) After the payments required under subsections (b), |
(b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), (c-4), and |
(c-21) have been made, an amount equal to 2% of the adjusted |
gross receipts generated by the owners licensee under |
paragraph (5) of subsection (e-5) of Section 7 shall be paid, |
subject to appropriation
from the General Assembly, from the |
State Gaming Fund to the home rule
county in which the owners |
licensee is located for the purpose of
enhancing the county's |
criminal justice system. |
(c-25) From July 1, 2013 and each July 1 thereafter |
through July 1, 2019, $1,600,000 shall be transferred from the |
State Gaming Fund to the Chicago State University Education |
Improvement Fund.
|
On July 1, 2020 and each July 1 thereafter, $3,000,000 |
shall be transferred from the State Gaming Fund to the Chicago |
State University Education Improvement Fund. |
(c-30) On July 1, 2013 or as soon as possible thereafter, |
$92,000,000 shall be transferred from the State Gaming Fund to |
the School Infrastructure Fund and $23,000,000 shall be |
transferred from the State Gaming Fund to the Horse Racing |
Equity Fund. |
(c-35) Beginning on July 1, 2013, in addition to any |
amount transferred under subsection (c-30) of this Section, |
$5,530,000 shall be transferred monthly from the State Gaming |
Fund to the School Infrastructure Fund. |
|
(d) From time to time, through June 30, 2021, the
Board |
shall transfer the remainder of the funds
generated by this |
Act into the Education
Assistance Fund.
|
(d-5) Beginning on July 1, 2021, on the last day of each |
month, or as soon thereafter as possible, after all the |
required expenditures, distributions , and transfers have been |
made from the State Gaming Fund for the month pursuant to |
subsections (b) through (c-35), at the direction of the Board , |
the Comptroller shall direct and the Treasurer shall transfer |
$22,500,000, along with any deficiencies in such amounts from |
prior months in the same fiscal year , from the State Gaming |
Fund to the Education Assistance Fund; then , at the direction |
of the Board , the Comptroller shall direct and the Treasurer |
shall transfer the remainder of the funds generated by this |
Act, if any, from the State Gaming Fund to the Capital Projects |
Fund. |
(e) Nothing in this Act shall prohibit the unit of local |
government
designated as the home dock of the riverboat from |
entering into agreements
with other units of local government |
in this State or in other states to
share its portion of the |
tax revenue.
|
(f) To the extent practicable, the Board shall administer |
and collect the
wagering taxes imposed by this Section in a |
manner consistent with the
provisions of Sections 4, 5, 5a, |
5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of |
the Retailers' Occupation Tax Act and Section 3-7 of the
|
|
Uniform Penalty and Interest Act.
|
(Source: P.A. 101-31, Article 25, Section 25-910, eff. |
6-28-19; 101-31, Article 35, Section 35-55, eff. 6-28-19; |
101-648, eff. 6-30-20; 102-16, eff. 6-17-21; 102-538, eff. |
8-20-21; revised 10-14-21.)
|
Section 20. The Raffles and Poker Runs Act is amended by |
changing Sections 1 and 2 as follows:
|
(230 ILCS 15/1) (from Ch. 85, par. 2301)
|
Sec. 1. Definitions. For the purposes of this Act the |
terms defined
in this Section have the meanings given them.
|
"Fire protection agency" means: (1) an agency of this |
State, unit of local government, or intergovernmental mutual |
aid entity that is vested by law or intergovernmental |
agreement with the duty and authority to provide public fire |
suppression, rescue, or emergency medical services; or (2) an |
organization that provides support or assistance to an agency |
of this State, unit of local government, or intergovernmental |
mutual aid entity that is vested by law or intergovernmental |
agreement with the duty and authority to provide public fire |
suppression, rescue, or emergency medical services. |
"Key location" means: |
(1) For a poker run, the location where the poker run |
concludes and the prizes are awarded. |
(2) For a raffle, the location where the winning |
|
chances in the raffle are determined. |
"Law enforcement agency" means an agency of this State or |
a unit of local government in this State that is vested by law |
or ordinance with the duty to maintain public order and to |
enforce criminal laws or ordinances. |
"Net proceeds" means the gross receipts from the conduct |
of raffles, less
reasonable sums expended for prizes, local |
license fees and other
operating expenses incurred as a result |
of operating a raffle or poker run.
|
"Poker run" means a prize-awarding event organized by an |
organization licensed under this Act in which participants |
travel to multiple predetermined locations, including a key |
location, to play a randomized game based on an element of |
chance. "Poker run" includes dice runs, marble runs, or other |
events where the objective is to build the best hand or highest |
score by obtaining an item or playing a randomized game at each |
location. |
"Raffle" means a form of lottery, as defined in subsection |
(b) of Section 28-2 of the
Criminal Code of 2012, conducted by |
an organization licensed under this Act, in which:
|
(1) the player pays or agrees to pay something of |
value for a chance,
represented and differentiated by a |
number or by a combination of numbers
or by some other |
medium, one or more of which chances is to be designated
|
the winning chance; and
|
(2) the winning chance is to be determined through a |
|
drawing or by some
other method based on an element of |
chance by an act or set of acts on the
part of persons |
conducting or connected with the lottery, except that the
|
winning chance shall not be determined by the outcome of a |
publicly exhibited
sporting contest.
|
"Raffle" does not include any game designed to simulate: |
(1) gambling games as defined in the Illinois Gambling Act, |
(2) any casino game approved for play by the Illinois Gaming |
Board, (3) any games provided by a video gaming terminal, as |
defined in the Video Gaming Act, or (4) a savings promotion |
raffle authorized under Section 5g of the Illinois Banking |
Act, Section 7008 of the Savings Bank Act, Section 42.7 of the |
Illinois Credit Union Act, Section 5136B of the National Bank |
Act, or Section 4 of the Home Owners' Loan Act. |
(Source: P.A. 101-109, eff. 7-19-19; 102-558, eff. 8-20-21.)
|
(230 ILCS 15/2) (from Ch. 85, par. 2302)
|
Sec. 2. Licensing. |
(a) The governing body of any county or municipality
|
within this State may establish a system for the licensing of |
organizations
to operate raffles. The governing bodies of a |
county and one or more
municipalities may, pursuant to a |
written contract, jointly establish a
system for the licensing |
of organizations to operate raffles within any
area of |
contiguous territory not contained within the corporate limits |
of a
municipality which is not a party to such contract. The |
|
governing bodies
of two or more adjacent counties or two or |
more adjacent municipalities
located within a county may, |
pursuant to a written contract, jointly
establish a system for |
the licensing of organizations to operate raffles
within the |
corporate limits of such counties or municipalities. The
|
licensing authority may establish special categories of |
licenses and
promulgate rules relating to the various |
categories. The licensing system
shall provide for limitations |
upon (1) the aggregate retail value of all
prizes or |
merchandise awarded by a licensee in a single raffle, if any, |
(2) the
maximum retail value of each prize awarded by a |
licensee in a single raffle, if any,
(3) the maximum price |
which may be charged for each raffle chance issued
or sold, if |
any, and (4) the maximum number of days during which chances |
may be issued
or sold, if any. The licensing system may include |
a fee for each license in an
amount to be determined by the |
local governing body. Licenses issued pursuant
to this Act |
shall be valid for one raffle or for a specified number of
|
raffles to be conducted during a specified period not to |
exceed one year
and may be suspended or revoked
for any |
violation of this Act. A local governing body shall act on a |
license
application within 30 days from the date of |
application. A county or municipality may adopt
rules or |
ordinances for the operation of raffles that are consistent |
with this Act. Raffles shall be licensed by the governing body |
of the municipality with jurisdiction over the key location |
|
or, if no municipality has jurisdiction over the key location, |
then by the governing body of the county with jurisdiction |
over the key location. A license shall authorize the holder of |
such license to sell raffle chances throughout the State, |
including beyond the borders of the licensing municipality or |
county.
|
(a-5) The governing body of Cook County may and any other |
county within this State shall establish a system for the |
licensing of organizations to operate poker runs. The |
governing bodies of 2 or more adjacent counties may, pursuant |
to a written contract, jointly establish a system for the |
licensing of organizations to operate poker runs within the |
corporate limits of such counties. The licensing authority may |
establish special categories of licenses and adopt rules |
relating to the various categories. The licensing system may |
include a fee not to exceed $25 for each license. Licenses |
issued pursuant to this Act shall be valid for one poker run or |
for a specified number of poker runs to be conducted during a |
specified period not to exceed one year and may be suspended or |
revoked for any violation of this Act. A local governing body |
shall act on a license application within 30 days after the |
date of application. |
(b) Raffle licenses shall be issued only : (1) to bona fide |
religious, charitable,
labor, business, fraternal, |
educational, veterans', or other bona fide not-for-profit |
organizations that
operate without profit to their members and |
|
which have been in existence
continuously for a period of 5 |
years immediately before making application
for a raffle |
license and which have during that entire 5-year period been |
engaged in carrying out their objects, (2) or to a non-profit
|
fundraising organization that the licensing authority |
determines is
organized for the sole purpose of providing |
financial assistance to an
identified individual or group of |
individuals suffering extreme financial
hardship as the result |
of an illness, disability, accident, or disaster, (3) or to |
any law enforcement agencies and associations that represent |
law enforcement officials , or (4) to any fire protection |
agencies and associations that represent fire protection |
officials . Poker run licenses shall be issued only to bona |
fide religious, charitable, labor, business, fraternal, |
educational, veterans', or other bona fide not-for-profit |
organizations that operate without profit to their members and |
which have been in existence continuously for a period of 5 |
years immediately before making application for a poker run |
license and which have during that entire 5-year period been |
engaged in carrying out their objects. Licenses for poker runs |
shall be issued for the following purposes: (i) providing |
financial assistance to an identified individual or group of |
individuals suffering extreme financial hardship as the result |
of an illness, disability, accident, or disaster or (ii) to |
maintain the financial stability of the organization. A |
licensing authority may waive the 5-year requirement under |
|
this subsection (b) for a bona fide religious, charitable, |
labor, business, fraternal, educational, or veterans' |
organization that applies for a license to conduct a raffle or |
a poker run if the organization is a local organization that is |
affiliated with and chartered by a national or State |
organization that meets the 5-year requirement.
|
For purposes of this Act, the following definitions apply. |
Non-profit:
An organization or institution organized and |
conducted on a not-for-profit
basis with no personal profit |
inuring to any one as a result of the operation.
Charitable: An |
organization or institution organized and operated to benefit
|
an indefinite number of the public. The service rendered to |
those eligible
for benefits must also confer some benefit on |
the public. Educational:
An organization or institution |
organized and operated to provide systematic
instruction in |
useful branches of learning by methods common to schools
and |
institutions of learning which compare favorably in their |
scope and
intensity with the course of study presented in |
tax-supported schools.
Religious: Any church, congregation, |
society, or organization founded for
the purpose of religious |
worship. Fraternal: An organization of persons
having a common |
interest, the primary interest of which is to both promote
the |
welfare of its members and to provide assistance to the |
general public
in such a way as to lessen the burdens of |
government by caring for those
that otherwise would be cared |
for by the government. Veterans: An organization
or |
|
association comprised of members of which substantially all |
are individuals
who are veterans or spouses, widows, or |
widowers of veterans, the primary
purpose of which is to |
promote the welfare of its members and to provide
assistance |
to the general public in such a way as to confer a public |
benefit.
Labor: An organization composed of workers organized |
with the objective
of betterment of the conditions of those |
engaged in such pursuit and the
development of a higher degree |
of efficiency in their respective occupations.
Business: A |
voluntary organization composed of individuals and businesses
|
who have joined together to advance the commercial, financial, |
industrial
and civic interests of a community.
|
(Source: P.A. 101-109, eff. 7-19-19; 101-360, eff. 1-1-20; |
102-558, eff. 8-20-21.)
|
Section 30. The Video Gaming
Act is amended by changing |
Sections 5, 25, 27, 30, 45, 50, and 65 and by adding Section 90 |
as follows:
|
(230 ILCS 40/5)
|
Sec. 5. Definitions. As used in this Act:
|
"Board" means the Illinois Gaming Board.
|
"Credit" means one, 5, 10, or 25 cents either won or |
purchased by a player.
|
"Distributor" means an individual, partnership, |
corporation, or limited liability company licensed under
this |
|
Act to buy, sell, lease, or distribute video gaming terminals |
or major
components or parts of video gaming terminals to or |
from terminal
operators.
|
"Electronic card" means a card purchased from a licensed |
establishment, licensed fraternal establishment, licensed |
veterans establishment, licensed truck stop establishment, or |
licensed large truck stop establishment for use in that |
establishment as a substitute for cash in the conduct of |
gaming on a video gaming terminal. |
"Electronic voucher" means a voucher printed by an |
electronic video game machine that is redeemable in the |
licensed establishment for which it was issued. |
"In-location bonus jackpot" means one or more video gaming |
terminals at a single licensed establishment that allows for |
wagers placed on such video gaming terminals to contribute to |
a cumulative maximum jackpot of up to $10,000. |
"Terminal operator" means an individual, partnership, |
corporation, or limited liability company that is
licensed |
under this Act and that owns, services, and maintains video
|
gaming terminals for placement in licensed establishments, |
licensed truck stop establishments, licensed large truck stop |
establishments, licensed fraternal
establishments, or licensed |
veterans establishments.
|
"Licensed technician" means an individual
who
is licensed |
under this Act to repair,
service, and maintain
video gaming |
terminals.
|
|
"Licensed terminal handler" means a person, including but |
not limited to an employee or independent contractor working |
for a manufacturer, distributor, supplier, technician, or |
terminal operator, who is licensed under this Act to possess |
or control a video gaming terminal or to have access to the |
inner workings of a video gaming terminal. A licensed terminal |
handler does not include an individual, partnership, |
corporation, or limited liability company defined as a |
manufacturer, distributor, supplier, technician, or terminal |
operator under this Act. |
"Manufacturer" means an individual, partnership, |
corporation, or limited liability company that is
licensed |
under this Act and that manufactures or assembles video gaming
|
terminals.
|
"Supplier" means an individual, partnership, corporation, |
or limited liability company that is
licensed under this Act |
to supply major components or parts to video gaming
terminals |
to licensed
terminal operators.
|
"Net terminal income" means money put into a video gaming |
terminal minus
credits paid out to players.
|
"Video gaming terminal" means any electronic video game |
machine
that, upon insertion of cash, electronic cards or |
vouchers, or any combination thereof, is available to play or |
simulate the play of
a video game, including but not limited to |
video poker, line up, and blackjack, as
authorized by the |
Board utilizing a video display and microprocessors in
which |
|
the player may receive free games or credits that can be
|
redeemed for cash. The term does not include a machine that |
directly
dispenses coins, cash, or tokens or is for amusement |
purposes only.
|
"Licensed establishment" means any licensed retail |
establishment where
alcoholic liquor is drawn, poured, mixed, |
or otherwise served for consumption
on the premises, whether |
the establishment operates on a nonprofit or for-profit basis. |
"Licensed establishment" includes any such establishment that |
has a contractual relationship with an inter-track wagering |
location licensee licensed under the Illinois Horse Racing Act |
of 1975, provided any contractual relationship shall not |
include any transfer or offer of revenue from the operation of |
video gaming under this Act to any licensee licensed under the |
Illinois Horse Racing Act of 1975. Provided, however, that the |
licensed establishment that has such a contractual |
relationship with an inter-track wagering location licensee |
may not, itself, be (i) an inter-track wagering location |
licensee, (ii) the corporate parent or subsidiary of any |
licensee licensed under the Illinois Horse Racing Act of 1975, |
or (iii) the corporate subsidiary of a corporation that is |
also the corporate parent or subsidiary of any licensee |
licensed under the Illinois Horse Racing Act of 1975. |
"Licensed establishment" does not include a facility operated |
by an organization licensee, an inter-track wagering licensee, |
or an inter-track wagering location licensee licensed under |
|
the Illinois Horse Racing Act of 1975 or a riverboat licensed |
under the Illinois Gambling Act, except as provided in this |
paragraph. The changes made to this definition by Public Act |
98-587 are declarative of existing law.
|
"Licensed fraternal establishment" means the location |
where a qualified
fraternal organization that derives its |
charter from a national fraternal
organization regularly |
meets.
|
"Licensed veterans establishment" means the location where |
a qualified
veterans organization that derives its charter |
from a national veterans
organization regularly meets.
|
"Licensed truck stop establishment" means a facility (i) |
that is at least a
3-acre facility with a convenience store, |
(ii) with separate diesel
islands for fueling commercial motor |
vehicles, (iii) that sells at retail more than 10,000 gallons |
of diesel or biodiesel fuel per month, and (iv) with parking |
spaces for commercial
motor vehicles. "Commercial motor |
vehicles" has the same meaning as defined in Section 18b-101 |
of the Illinois Vehicle Code. The requirement of item (iii) of |
this paragraph may be met by showing that estimated future |
sales or past sales average at least 10,000 gallons per month.
|
"Licensed large truck stop establishment" means a facility |
located within 3 road miles from a freeway interchange, as |
measured in accordance with the Department of Transportation's |
rules regarding the criteria for the installation of business |
signs: (i) that is at least a
3-acre facility with a |
|
convenience store, (ii) with separate diesel
islands for |
fueling commercial motor vehicles, (iii) that sells at retail |
more than 50,000 gallons of diesel or biodiesel fuel per |
month, and (iv) with parking spaces for commercial
motor |
vehicles. "Commercial motor vehicles" has the same meaning as |
defined in Section 18b-101 of the Illinois Vehicle Code. The |
requirement of item (iii) of this paragraph may be met by |
showing that estimated future sales or past sales average at |
least 50,000 gallons per month. |
"Sales agent and broker" means an individual, partnership, |
corporation, limited liability company, or other business |
entity engaged in the solicitation or receipt of business from |
current or potential licensed establishments, licensed |
fraternal establishments, licensed veterans establishments, |
licensed truck stop establishments, or licensed large truck |
stop establishments either on an employment or contractual |
basis. |
(Source: P.A. 101-31, eff. 6-28-19.)
|
(230 ILCS 40/25)
|
Sec. 25. Restriction of licensees.
|
(a) Manufacturer. A person may not be licensed as a |
manufacturer of a
video gaming terminal in Illinois unless the |
person has a valid
manufacturer's license issued
under this |
Act. A manufacturer may only sell video gaming terminals for |
use
in Illinois to
persons having a valid distributor's |
|
license.
|
(b) Distributor. A person may not sell, distribute, or |
lease
or market a video gaming terminal in Illinois unless the |
person has a valid
distributor's
license issued under this |
Act. A distributor may only sell video gaming
terminals for |
use in
Illinois to persons having a valid distributor's or |
terminal operator's
license.
|
(c) Terminal operator. A person may not own, maintain, or |
place a video gaming terminal unless he has a valid terminal |
operator's
license issued
under this Act. A terminal operator |
may only place video gaming terminals for
use in
Illinois in |
licensed establishments, licensed truck stop establishments, |
licensed large truck stop establishments, licensed fraternal |
establishments,
and
licensed veterans establishments.
No |
terminal operator may give anything of value, including but |
not limited to
a loan or financing arrangement, to a licensed |
establishment, licensed truck stop establishment, licensed |
large truck stop establishment,
licensed fraternal |
establishment, or licensed veterans establishment as
any |
incentive or inducement to locate video terminals in that |
establishment.
Of the after-tax profits
from a video gaming |
terminal, 50% shall be paid to the terminal
operator and 50% |
shall be paid to the licensed establishment, licensed truck |
stop establishment, licensed large truck stop establishment,
|
licensed fraternal establishment, or
licensed veterans |
establishment, notwithstanding any agreement to the contrary.
|
|
A video terminal operator that violates one or more |
requirements of this subsection is guilty of a Class 4 felony |
and is subject to termination of his or her license by the |
Board.
|
(d) Licensed technician. A person may not service, |
maintain, or repair a
video gaming terminal
in this State |
unless he or she (1) has a valid technician's license issued
|
under this Act, (2) is a terminal operator, or (3) is employed |
by a terminal
operator, distributor, or manufacturer.
|
(d-5) Licensed terminal handler. No person, including, but |
not limited to, an employee or independent contractor working |
for a manufacturer, distributor, supplier, technician, or |
terminal operator licensed pursuant to this Act, shall have |
possession or control of a video gaming terminal, or access to |
the inner workings of a video gaming terminal, unless that |
person possesses a valid terminal handler's license issued |
under this Act. |
(d-10) Solicitation of use agreements. A person may not |
solicit the signing of a use agreement on behalf of a terminal |
operator or enter into a use agreement as agent of a terminal |
operator unless that person either has a valid sales agent and |
broker license issued under this Act or owns, manages, or |
significantly influences or controls the terminal operator. |
(e) Licensed establishment. No video gaming terminal may |
be placed in any licensed establishment, licensed veterans |
establishment, licensed truck stop establishment, licensed |
|
large truck stop establishment,
or licensed fraternal |
establishment
unless the owner
or agent of the owner of the |
licensed establishment, licensed veterans establishment, |
licensed truck stop establishment, licensed large truck stop |
establishment, or licensed
fraternal establishment has entered |
into a
written use agreement with the terminal operator for |
placement of the
terminals. A copy of the use agreement shall |
be on file in the terminal
operator's place of business and |
available for inspection by individuals
authorized by the |
Board. A licensed establishment, licensed truck stop |
establishment, licensed veterans establishment,
or
licensed
|
fraternal
establishment may operate up to 6 video gaming |
terminals on its premises at any
time. A licensed large truck |
stop establishment may operate up to 10 video gaming terminals |
on its premises at any time.
|
(f) (Blank).
|
(g) Financial interest restrictions.
As used in this Act, |
"substantial interest" in a partnership, a corporation, an
|
organization, an association, a business, or a limited |
liability company means:
|
(A) When, with respect to a sole proprietorship, an |
individual or
his or her spouse owns, operates, manages, |
or conducts, directly
or indirectly, the organization, |
association, or business, or any part thereof;
or
|
(B) When, with respect to a partnership, the |
individual or his or
her spouse shares in any of the |
|
profits, or potential profits,
of the partnership |
activities; or
|
(C) When, with respect to a corporation, an individual |
or his or her
spouse is an officer or director, or the |
individual or his or her spouse is a holder, directly or |
beneficially, of 5% or more of any class
of stock of the |
corporation; or
|
(D) When, with respect to an organization not covered |
in (A), (B) or
(C) above, an individual or his or her |
spouse is an officer or manages the
business affairs, or |
the individual or his or her spouse is the
owner of or |
otherwise controls 10% or more of the assets of the |
organization;
or
|
(E) When an individual or his or her spouse furnishes
|
5% or more of the capital, whether in cash, goods, or |
services, for the
operation of any business, association, |
or organization during any calendar
year; or |
(F) When, with respect to a limited liability company, |
an individual or his or her
spouse is a member, or the |
individual or his or her spouse is a holder, directly or |
beneficially, of 5% or more of the membership interest of |
the limited liability company.
|
For purposes of this subsection (g), "individual" includes |
all individuals or their spouses whose combined interest would |
qualify as a substantial interest under this subsection (g) |
and whose activities with respect to an organization, |
|
association, or business are so closely aligned or coordinated |
as to constitute the activities of a single entity. |
(h) Location restriction. A licensed establishment, |
licensed truck stop establishment, licensed large truck stop |
establishment, licensed
fraternal
establishment, or licensed |
veterans establishment that is (i) located within 1,000
feet |
of a facility operated by an organization licensee licensed |
under the Illinois Horse Racing Act of 1975 or the home dock of |
a riverboat licensed under the Illinois
Gambling Act or (ii) |
located within 100 feet of a school or a place of worship under |
the Religious Corporation Act, is ineligible to operate a |
video gaming terminal. The location restrictions in this |
subsection (h) do not apply if (A) a facility operated by an |
organization licensee, a school, or a place of worship moves |
to or is established within the restricted area after a |
licensed establishment, licensed truck stop establishment, |
licensed large truck stop establishment, licensed fraternal |
establishment, or licensed veterans establishment becomes |
licensed under this Act or (B) a school or place of worship |
moves to or is established within the restricted area after a |
licensed establishment, licensed truck stop establishment, |
licensed large truck stop establishment, licensed fraternal |
establishment, or licensed veterans establishment obtains its |
original liquor license. For the purpose of this subsection, |
"school" means an elementary or secondary public school, or an |
elementary or secondary private school registered with or |
|
recognized by the State Board of Education. |
Notwithstanding the provisions of this subsection (h), the |
Board may waive the requirement that a licensed establishment, |
licensed truck stop establishment, licensed large truck stop |
establishment, licensed fraternal establishment, or licensed |
veterans establishment not be located within 1,000 feet from a |
facility operated by an organization licensee licensed under |
the Illinois Horse Racing Act of 1975 or the home dock of a |
riverboat licensed under the Illinois Gambling Act. The Board |
shall not grant such waiver if there is any common ownership or |
control, shared business activity, or contractual arrangement |
of any type between the establishment and the organization |
licensee or owners licensee of a riverboat. The Board shall |
adopt rules to implement the provisions of this paragraph. |
(h-5) Restrictions on licenses in malls. The Board shall |
not grant an application to become a licensed video gaming |
location if the Board determines that granting the application |
would more likely than not cause a terminal operator, |
individually or in combination with other terminal operators, |
licensed video gaming location, or other person or entity, to |
operate the video gaming terminals in 2 or more licensed video |
gaming locations as a single video gaming operation. |
(1) In making determinations under this subsection |
(h-5), factors to be considered by the Board shall |
include, but not be limited to, the following: |
(A) the physical aspects of the location; |
|
(B) the ownership, control, or management of the |
location; |
(C) any arrangements, understandings, or |
agreements, written or otherwise, among or involving |
any persons or entities that involve the conducting of |
any video gaming business or the sharing of costs or |
revenues; and |
(D) the manner in which any terminal operator or |
other related entity markets, advertises, or otherwise |
describes any location or locations to any other |
person or entity or to the public. |
(2) The Board shall presume, subject to rebuttal, that |
the granting of an application to become a licensed video |
gaming location within a mall will cause a terminal |
operator, individually or in combination with other |
persons or entities, to operate the video gaming terminals |
in 2 or more licensed video gaming locations as a single |
video gaming operation if the Board determines that |
granting the license would create a local concentration of |
licensed video gaming locations. |
For the purposes of this subsection (h-5): |
"Mall" means a building, or adjoining or connected |
buildings, containing 4 or more separate locations. |
"Video gaming operation" means the conducting of video |
gaming and all related activities. |
"Location" means a space within a mall containing a |
|
separate business, a place for a separate business, or a place |
subject to a separate leasing arrangement by the mall owner. |
"Licensed video gaming location" means a licensed |
establishment, licensed fraternal establishment, licensed |
veterans establishment, licensed truck stop establishment, or |
licensed large truck stop. |
"Local concentration of licensed video gaming locations" |
means that the combined number of licensed video gaming |
locations within a mall exceed half of the separate locations |
within the mall. |
(i) Undue economic concentration. In addition to |
considering all other requirements under this Act, in deciding |
whether to approve the operation of video gaming terminals by |
a terminal operator in a location, the Board shall consider |
the impact of any economic concentration of such operation of |
video gaming terminals. The Board shall not allow a terminal |
operator to operate video gaming terminals if the Board |
determines such operation will result in undue economic |
concentration. For purposes of this Section, "undue economic |
concentration" means that a terminal operator would have such |
actual or potential influence over video gaming terminals in |
Illinois as to: |
(1) substantially impede or suppress competition among |
terminal operators; |
(2) adversely impact the economic stability of the |
video gaming industry in Illinois; or |
|
(3) negatively impact the purposes of the Video Gaming |
Act. |
The Board shall adopt rules concerning undue economic |
concentration with respect to the operation of video gaming |
terminals in Illinois. The rules shall include, but not be |
limited to, (i) limitations on the number of video gaming |
terminals operated by any terminal operator within a defined |
geographic radius and (ii) guidelines on the discontinuation |
of operation of any such video gaming terminals the Board |
determines will cause undue economic concentration.
|
(j) The provisions of the Illinois Antitrust Act are fully |
and equally applicable to the activities of any licensee under |
this Act.
|
(Source: P.A. 101-31, eff. 6-28-19.)
|
(230 ILCS 40/27)
|
Sec. 27. Prohibition of video gaming by political |
subdivision. |
(a) A
municipality may
pass an ordinance prohibiting video |
gaming within the corporate limits of the
municipality.
A |
county board may, for the unincorporated area of the county, |
pass an
ordinance prohibiting video gaming within the |
unincorporated area of the
county. |
(b) On and after July 1, 2022, a qualified fraternal |
organization that derives its charter from a national |
fraternal organization and a qualified veterans organization |
|
that derives its charter from a national veterans organization |
shall be eligible to apply to the Board for a license allowing |
video gaming as a licensed fraternal establishment or a |
licensed veterans establishment if the proposed fraternal |
establishment or veterans establishment is located in: |
(1) a municipality having a population of not more |
than 1,000,000 that has enacted an ordinance prohibiting |
video gaming within the corporate limits; or |
(2) a county having a population of not more than |
1,000,000 that has enacted an ordinance prohibiting video |
gaming within the unincorporated area of the county. |
If the license is granted by the Board, then the licensed |
fraternal establishment or licensed veterans establishment may |
operate video gaming terminals pursuant to this Act. |
(Source: P.A. 96-34, eff. 7-13-09.)
|
(230 ILCS 40/30)
|
Sec. 30. Multiple types of licenses prohibited. A video |
gaming
terminal
manufacturer may not be licensed as a video |
gaming terminal
operator or own, manage, or control a licensed
|
establishment, licensed truck stop establishment, licensed |
large truck stop establishment, licensed fraternal |
establishment, or licensed veterans
establishment, and shall |
be licensed to sell only to persons having a valid |
distributor's license or, if the manufacturer also holds a |
valid distributor's license, to sell, distribute, lease, or |
|
market to persons having a valid terminal operator's license. |
A video
gaming terminal distributor may not be licensed as a
|
video gaming terminal operator or own, manage, or
control a
|
licensed establishment, licensed truck stop establishment, |
licensed large truck stop establishment, licensed fraternal |
establishment, or licensed
veterans
establishment, and shall |
only contract with a licensed terminal
operator. A video |
gaming terminal operator may not be licensed as
a video
gaming |
terminal manufacturer or distributor or own, manage, or |
control a
licensed establishment, licensed truck stop |
establishment, licensed large truck stop establishment, |
licensed fraternal establishment, or licensed
veterans
|
establishment, and shall be licensed only to contract with |
licensed
distributors and licensed establishments, licensed |
truck stop establishments, licensed large truck stop |
establishments,
licensed fraternal
establishments,
and |
licensed veterans establishments. An owner or manager of a
|
licensed establishment, licensed truck stop establishment, |
licensed large truck stop establishment, licensed fraternal
|
establishment, or licensed
veterans
establishment may not be |
licensed as a video gaming terminal
manufacturer, distributor, |
or operator, and shall only contract with a
licensed operator |
to place and service this equipment. A sales agent and broker |
may not be licensed as a manufacturer, distributor, supplier, |
licensed establishment, licensed fraternal establishment, |
licensed veterans establishment, licensed truck stop |
|
establishment, or licensed large truck stop establishment.
|
(Source: P.A. 101-31, eff. 6-28-19.)
|
(230 ILCS 40/45)
|
Sec. 45. Issuance of license.
|
(a) The burden is upon each applicant to
demonstrate his |
suitability for licensure. Each video gaming terminal
|
manufacturer, distributor, supplier, operator, handler, |
licensed establishment, licensed truck stop establishment, |
licensed large truck stop establishment, licensed
fraternal
|
establishment, and licensed veterans establishment shall be
|
licensed by the Board.
The Board may issue or deny a license |
under this Act to any person pursuant to the same criteria set |
forth in Section 9 of the Illinois Gambling Act.
|
(a-5) The Board shall not grant a license to a person who |
has facilitated, enabled, or participated in the use of |
coin-operated devices for gambling purposes or who is under |
the significant influence or control of such a person. For the |
purposes of this Act, "facilitated, enabled, or participated |
in the use of coin-operated amusement devices for gambling |
purposes" means that the person has been convicted of any |
violation of Article 28 of the Criminal Code of 1961 or the |
Criminal Code of 2012. If there is pending legal action |
against a person for any such violation, then the Board shall |
delay the licensure of that person until the legal action is |
resolved. |
|
(b) Each person seeking and possessing a license as a |
video gaming terminal manufacturer, distributor, supplier, |
operator, handler, licensed establishment, licensed truck stop |
establishment, licensed large truck stop establishment, |
licensed fraternal establishment, or licensed veterans |
establishment shall submit to a background investigation |
conducted by the Board with the assistance of the Illinois |
State Police or other law enforcement. To the extent that the |
corporate structure of the applicant allows, the background |
investigation shall include any or all of the following as the |
Board deems appropriate or as provided by rule for each |
category of licensure: (i) each beneficiary of a trust, (ii) |
each partner of a partnership, (iii) each member of a limited |
liability company, (iv) each director and officer of a |
publicly or non-publicly held corporation, (v) each |
stockholder of a non-publicly held corporation, (vi) each |
stockholder of 5% or more of a publicly held corporation, or |
(vii) each stockholder of 5% or more in a parent or subsidiary |
corporation. |
(c) Each person seeking and possessing a license as a |
video gaming terminal manufacturer, distributor, supplier, |
operator, handler, licensed establishment, licensed truck stop |
establishment, licensed large truck stop establishment, |
licensed fraternal establishment, or licensed veterans |
establishment shall disclose the identity of every person, |
association, trust, corporation, or limited liability company |
|
having a greater than 1% direct or indirect pecuniary interest |
in the video gaming terminal operation for which the license |
is sought. If the disclosed entity is a trust, the application |
shall disclose the names and addresses of the beneficiaries; |
if a corporation, the names and addresses of all stockholders |
and directors; if a limited liability company, the names and |
addresses of all members; or if a partnership, the names and |
addresses of all partners, both general and limited. |
(d) No person may be licensed as a video gaming terminal |
manufacturer, distributor, supplier, operator, handler, |
licensed establishment, licensed truck stop establishment, |
licensed large truck stop establishment, licensed fraternal |
establishment, or licensed veterans establishment if that |
person has been found by the Board to: |
(1) have a background, including a criminal record, |
reputation, habits, social or business associations, or |
prior activities that pose a threat to the public |
interests of the State or to the security and integrity of |
video gaming; |
(2) create or enhance the dangers of unsuitable, |
unfair, or illegal practices, methods, and activities in |
the conduct of video gaming; or |
(3) present questionable business practices and |
financial arrangements incidental to the conduct of video |
gaming activities. |
(e) Any applicant for any license under this Act has the |
|
burden of proving his or her qualifications to the |
satisfaction of the Board. The Board may adopt rules to |
establish additional qualifications and requirements to |
preserve the integrity and security of video gaming in this |
State. |
(f) A non-refundable application fee shall be paid at the |
time an
application for a license is filed with the Board in |
the following amounts:
|
(1) Manufacturer ..........................$5,000
|
(2) Distributor ...........................$5,000
|
(3) Terminal operator .....................$5,000
|
(4) Supplier ..............................$2,500
|
(5) Technician ..............................$100
|
(6) Terminal Handler ........................$100
|
(7) Licensed establishment, licensed truck stop
|
establishment, licensed large truck stop establishment,
|
licensed fraternal establishment, or licensed
|
veterans establishment ...............................$100 |
(8) Sales agent and broker .......................$100 |
(g) The Board shall establish an
annual fee for each |
license not to exceed the following: |
(1) Manufacturer .........................$10,000
|
(2) Distributor ..........................$10,000
|
(3) Terminal operator .....................$5,000
|
(4) Supplier ..............................$2,000
|
(5) Technician ..............................$100
|
|
(6) Licensed establishment, licensed truck stop
|
establishment, licensed large truck stop establishment,
|
licensed fraternal establishment, or licensed
|
veterans establishment ..........................$100
|
(7) Video gaming terminal ...................$100
|
(8) Terminal Handler ............................$100
|
(9) Sales agent and broker .......................$100 |
(h) A terminal operator and a licensed establishment, |
licensed truck stop establishment, licensed large truck stop |
establishment, licensed fraternal establishment,
or licensed |
veterans establishment shall equally split the fees specified |
in item (7) of subsection (g). |
(Source: P.A. 101-31, eff. 6-28-19; 102-538, eff. 8-20-21.)
|
(230 ILCS 40/50)
|
Sec. 50. Distribution of license fees.
|
(a) All fees collected under Section 45 shall be deposited |
into the State Gaming
Fund.
|
(b) Fees collected under Section 45 shall be used as |
follows:
|
(1) Twenty-five percent shall be paid, subject to |
appropriation by the General Assembly, to the Department |
of Human Services for administration of programs for the |
treatment of
compulsive gambling.
|
(2) Seventy-five percent shall be used for the |
administration of this
Act.
|
|
(c) All initial terminal handler, technician, sales agent |
and broker, licensed establishment, licensed truck stop |
establishment, licensed large truck establishment, licensed |
fraternal establishment, and licensed fraternal establishment |
licenses issued by the Board under this Act shall be issued for |
2 years and are renewable for additional 2-year periods |
annually
unless sooner cancelled or terminated. Except as |
provided by Section 8.1 of the Illinois Gambling Act, all |
initial manufacturer, distributor, supplier, and terminal |
operator licenses issued by the Board under this Act shall be |
issued for 4 years and are renewable for additional 4-year |
periods unless sooner cancelled or terminated. No license |
issued under this Act is
transferable or assignable.
|
(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09.)
|
(230 ILCS 40/65) |
Sec. 65. Fees. A Except as provided in this Section, a |
non-home rule unit of government may not impose any
fee
for the |
operation of a video gaming terminal in excess of $250 $25 per |
year. The City of Rockford may not impose any fee for the |
operation of a video gaming terminal in excess of $250 per |
year. |
The cost of any fee imposed under this Act by any home rule |
unit of government or non-home rule unit of government shall |
be shared equally between the terminal operator and the |
applicable licensed establishment, licensed veterans |
|
establishment, licensed truck stop establishment, licensed |
large truck stop establishment, or licensed fraternal |
establishment under this Act.
|
(Source: P.A. 101-337, eff. 1-1-20 .)
|
(230 ILCS 40/90 new) |
Sec. 90. Regulation by State. |
(a) The licensure, registration, and regulation of |
manufacturers, distributors, terminal operators, licensed |
technicians, licensed terminal handlers, licensed |
establishments, licensed veterans establishments, licensed |
truck stop establishments, licensed large truck stop |
establishments, and licensed fraternal establishments under |
this Act, and the imposition of fees and other charges under |
this Act in connection with such licensure, registration, and |
regulation, are powers and functions of the State. No non-home |
rule unit may license, register, or otherwise regulate, or |
impose any type of fee or any other charge upon, a |
manufacturer, distributor, terminal operator, licensed |
technician, licensed terminal handler, licensed establishment, |
licensed veterans establishment, licensed truck stop |
establishment, licensed large truck stop establishment, or |
licensed fraternal establishment. |
(b) The licensure, registration, and regulation of video |
gaming terminals under this Act are powers and functions of |
the State. No non-home rule unit may license, register, or |
|
otherwise regulate video gaming terminals. |
(c) No home rule municipality or non-home rule unit may |
impose any type of tax upon a: (i) manufacturer, distributor, |
terminal operator, licensed technician, licensed terminal |
handler, licensed establishment, licensed veterans |
establishment, licensed truck stop establishment, licensed |
large truck stop establishment, or licensed fraternal |
establishment or their respective authorized activities under |
this Act; (ii) video gaming terminal; (iii) user or player of |
any video gaming terminals; or (iv) other use, play, or |
operation of video gaming terminals authorized under this Act |
by any person or entity. This subsection (c) is a denial and |
limitation of home rule powers and functions under subsection |
(g) of Section 6 of Article VII of the Illinois Constitution. |
(d) Any home rule municipality that has adopted an |
ordinance imposing an amusement tax on persons who participate |
in the playing of video gaming terminals before November 1, |
2021 may continue to impose such amusement tax pursuant to |
such ordinance but shall not increase, expand, or extend the |
tax or tax rate on such persons participating in playing video |
gaming terminals in excess of that tax or rate set forth in |
such ordinance and shall not otherwise impose any other tax |
upon any entity or person identified in subsection (c). This |
subsection (d) is a denial and limitation of home rule powers |
and functions under subsection (g) of Section 6 of Article VII |
of the Illinois Constitution.
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Section 35. The Sports Wagering Act is amended by changing |
Sections 25-10, 25-15, 25-25, 25-30, 25-35, 25-40, and 25-50 |
as follows:
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(230 ILCS 45/25-10)
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Sec. 25-10. Definitions. As used in this Act: |
"Adjusted gross sports wagering receipts" means a master |
sports wagering licensee's gross sports wagering receipts, |
less winnings paid to wagerers in such games. |
"Athlete" means any current or former professional athlete |
or collegiate athlete. |
"Board" means the Illinois Gaming Board. |
"Covered persons" includes athletes; umpires, referees, |
and officials; personnel associated with clubs, teams, |
leagues, and athletic associations; medical professionals |
(including athletic trainers) who provide services to athletes |
and players; and the family members and associates of these |
persons where required to serve the purposes of this Act. |
"Department" means the Department of the Lottery. |
"Gaming facility" means a facility at which gambling |
operations are conducted under the Illinois Gambling Act, |
pari-mutuel wagering is conducted under the Illinois Horse |
Racing Act of 1975, or sports wagering is conducted under this |
Act. |
"Official league data" means statistics, results, |
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outcomes, and other data related to a sports event obtained |
pursuant to an agreement with the relevant sports governing |
body, or an entity expressly authorized by the sports |
governing body to provide such information to licensees, that |
authorizes the use of such data for determining the outcome of |
tier 2 sports wagers on such sports events. |
"Organization licensee" has the meaning given to that term |
in the Illinois Horse Racing Act of 1975. |
"Owners licensee" means the holder of an owners license |
under the Illinois Gambling Act. |
"Person" means an individual, partnership, committee, |
association, corporation, or any other organization or group |
of persons. |
"Personal biometric data" means an athlete's information |
derived from DNA, heart rate, blood pressure, perspiration |
rate, internal or external body temperature, hormone levels, |
glucose levels, hydration levels, vitamin levels, bone |
density, muscle density, and sleep patterns. |
"Prohibited conduct" includes any statement, action, and |
other communication intended to influence, manipulate, or |
control a betting outcome of a sporting contest or of any |
individual occurrence or performance in a sporting contest in |
exchange for financial gain or to avoid financial or physical |
harm. "Prohibited conduct" includes statements, actions, and |
communications made to a covered person by a third party, such |
as a family member or through social media. "Prohibited |
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conduct" does not include statements, actions, or |
communications made or sanctioned by a team or sports |
governing body. |
"Qualified applicant" means an applicant for a license |
under this Act whose application meets the mandatory minimum |
qualification criteria as required by the Board. |
"Sporting contest" means a sports event or game on which |
the State allows sports wagering to occur under this Act. |
"Sports event" means a professional sport or athletic |
event, a collegiate sport or athletic event, a motor race |
event, or any other event or competition of relative skill |
authorized by the Board under this Act. |
"Sports facility" means a facility that hosts sports |
events and holds a seating capacity greater than 17,000 |
persons , except in a municipality with a population of more |
than 1,000,000, a seating capacity greater than 10,000 |
persons . |
"Sports governing body" means the organization that |
prescribes final rules and enforces codes of conduct with |
respect to a sports event and participants therein. |
"Sports wagering" means accepting wagers on sports events |
or portions of sports events, or on the individual performance |
statistics of athletes in a sports event or combination of |
sports events, by any system or method of wagering, including, |
but not limited to, in person or over the Internet through |
websites and on mobile devices. "Sports wagering" includes, |
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but is not limited to, single-game bets, teaser bets, parlays, |
over-under, moneyline, pools, exchange wagering, in-game |
wagering, in-play bets, proposition bets, and straight bets. |
"Sports wagering account" means a financial record |
established by a master sports wagering licensee for an |
individual patron in which the patron may deposit and withdraw |
funds for sports wagering and other authorized purchases and |
to which the master sports wagering licensee may credit |
winnings or other amounts due to that patron or authorized by |
that patron. |
"Tier 1 sports wager" means a sports wager that is |
determined solely by the final score or final outcome of the |
sports event and is placed before the sports event has begun. |
"Tier 2 sports wager" means a sports wager that is not a |
tier 1 sports wager. |
"Wager" means a sum of money or thing of value risked on an |
uncertain occurrence. |
"Winning bidder" means a qualified applicant for a master |
sports wagering license chosen through the competitive |
selection process under Section 25-45.
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(Source: P.A. 101-31, eff. 6-28-19.)
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(230 ILCS 45/25-15)
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Sec. 25-15. Board duties and powers. |
(a) Except for sports wagering conducted under Section |
25-70, the Board shall have the authority to regulate the |
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conduct of sports wagering under this Act. |
(b) The Board may adopt any rules the Board considers |
necessary for the successful implementation, administration, |
and enforcement of this Act, except for Section 25-70. Rules |
proposed by the Board may be adopted as emergency rules |
pursuant to Section 5-45 of the Illinois Administrative |
Procedure Act. |
(c) The Board shall levy and collect all fees, surcharges, |
civil penalties, and monthly taxes on adjusted gross sports |
wagering receipts imposed by this Act and deposit all moneys |
into the Sports Wagering Fund, except as otherwise provided |
under this Act. |
(d) The Board may exercise any other powers necessary to |
enforce the provisions of this Act that it regulates and the |
rules of the Board. |
(e) The Board shall adopt rules for a license to be |
employed by a master sports wagering licensee when the |
employee works in a designated gaming area that has sports |
wagering or performs duties in furtherance of or associated |
with the operation of sports wagering by the master sports |
wagering licensee (occupational license), which shall require |
an annual license fee of $250. However,
occupational licenses |
issued under the Illinois Gambling Act for employees of an |
owners license or organization gaming licensee, once
granted, |
are considered equivalent licenses to work in sports wagering |
positions located at the same
gaming facility. License fees |
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shall be deposited into the State Gaming Fund and used for the |
administration of this Act. |
(f) The Board may require that licensees share, in real |
time and at the sports wagering account level, information |
regarding a wagerer, amount and type of wager, the time the |
wager was placed, the location of the wager, including the |
Internet protocol address, if applicable, the outcome of the |
wager, and records of abnormal wagering activity. Information |
shared under this subsection (f) must be submitted in the form |
and manner as required by rule. If a sports governing body has |
notified the Board that real-time information sharing for |
wagers placed on its sports events is necessary and desirable, |
licensees may share the same information in the form and |
manner required by the Board by rule with the sports governing |
body or its designee with respect to wagers on its sports |
events subject to applicable federal, State, or local laws or |
regulations, including, without limitation, privacy laws and |
regulations. Such information may be provided in anonymized |
form and may be used by a sports governing body solely for |
integrity purposes. For purposes of this subsection (f), |
"real-time" means a commercially reasonable periodic interval. |
(g) A master sports wagering licensee, professional sports |
team, league, or association, sports governing body, or |
institution of higher education may submit to the Board in |
writing a request to prohibit a type or form of wagering if the |
master sports wagering licensee, professional sports team, |
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league, or association, sports governing body, or institution |
of higher education believes that such wagering by type or |
form is contrary to public policy, unfair to consumers, or |
affects the integrity of a particular sport or the sports |
betting industry. The Board shall grant the request upon a |
demonstration of good cause from the requester and |
consultation with licensees. The Board shall respond to a |
request pursuant to this subsection (g) concerning a |
particular event before the start of the event or, if it is not |
feasible to respond before the start of the event, as soon as |
practicable. |
(h) The Board and master sports wagering licensees may |
cooperate with investigations conducted by sports governing |
bodies or law enforcement agencies, including, but not limited |
to, providing and facilitating the provision of account-level |
betting information and audio or video files relating to |
persons placing wagers. |
(i) A master sports wagering licensee shall make |
commercially reasonable efforts to promptly notify the Board |
any information relating to: |
(1) criminal or disciplinary proceedings commenced |
against the master sports wagering licensee in connection |
with its operations; |
(2) abnormal wagering activity or patterns that may |
indicate a concern with the integrity of a sports event or |
sports events; |
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(3) any potential breach of the relevant sports |
governing body's internal rules and codes of conduct |
pertaining to sports wagering that a licensee has |
knowledge of; |
(4) any other conduct that corrupts a wagering outcome |
of a sports event or sports events for purposes of |
financial gain, including match fixing; and |
(5) suspicious or illegal wagering activities, |
including use of funds derived from illegal activity, |
wagers to conceal or launder funds derived from illegal |
activity, using agents to place wagers, and using false |
identification. |
A master sports wagering licensee shall also make |
commercially reasonable efforts to promptly report information |
relating to conduct described in paragraphs (2), (3), and (4) |
of this subsection (i) to the relevant sports governing body.
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(Source: P.A. 101-31, eff. 6-28-19.)
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(230 ILCS 45/25-25)
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Sec. 25-25. Sports wagering authorized. |
(a) Notwithstanding any provision of law to the contrary, |
the operation of sports wagering is only lawful when conducted |
in accordance with the provisions of this Act and the rules of |
the Illinois Gaming Board and the Department of the Lottery. |
(b) A person placing a wager under this Act shall be at |
least 21 years of age. |
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(c) A licensee under this Act may not accept a wager on a |
minor league sports event. |
(d) Except as otherwise provided in this Section, a A |
licensee under this Act may not accept a wager for a sports |
event involving an Illinois collegiate team. |
(d-5) Beginning on the effective date of this amendatory |
Act of the 102nd General Assembly until July 1, 2023, a |
licensee under this Act may accept a wager for a sports event |
involving an Illinois collegiate team if: |
(1) the wager is a tier 1 wager; |
(2) the wager is not related to an individual |
athlete's performance; and |
(3) the wager is made in person instead of over the |
Internet or through a mobile application. |
(e) A licensee under this Act may only accept a wager from |
a person physically located in the State. |
(f) Master sports wagering licensees may use any data |
source for determining the results of all tier 1 sports |
wagers. |
(g) A sports governing body headquartered in the United |
States may notify the Board that it desires to supply official |
league data to master sports wagering licensees for |
determining the results of tier 2 sports wagers. Such |
notification shall be made in the form and manner as the Board |
may require. If a sports governing body does not notify the |
Board of its desire to supply official league data, a master |
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sports wagering licensee may use any data source for |
determining the results of any and all tier 2 sports wagers on |
sports contests for that sports governing body. |
Within 30 days of a sports governing body notifying the |
Board, master sports wagering licensees shall use only |
official league data to determine the results of tier 2 sports |
wagers on sports events sanctioned by that sports governing |
body, unless: (1) the sports governing body or designee cannot |
provide a feed of official league data to determine the |
results of a particular type of tier 2 sports wager, in which |
case master sports wagering licensees may use any data source |
for determining the results of the applicable tier 2 sports |
wager until such time as such data feed becomes available on |
commercially reasonable terms; or (2) a master sports wagering |
licensee can demonstrate to the Board that the sports |
governing body or its designee cannot provide a feed of |
official league data to the master sports wagering licensee on |
commercially reasonable terms. During the pendency of the |
Board's determination, such master sports wagering licensee |
may use any data source for determining the results of any and |
all tier 2 sports wagers. |
(h) A licensee under this Act may not accept wagers on a |
kindergarten through 12th grade sports event.
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(Source: P.A. 101-31, eff. 6-28-19.)
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(230 ILCS 45/25-30)
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Sec. 25-30. Master sports wagering license issued to an |
organization licensee. |
(a) An organization licensee may apply to the Board for a |
master sports wagering license. To the extent permitted by |
federal and State law, the Board shall actively seek to |
achieve racial, ethnic, and geographic diversity when issuing |
master sports wagering licenses to organization licensees and |
encourage minority-owned businesses, women-owned businesses, |
veteran-owned businesses, and businesses owned by persons with |
disabilities to apply for licensure. Additionally, the report |
published under subsection (m) of Section 25-45 shall impact |
the issuance of the master sports wagering license to the |
extent permitted by federal and State law. |
For the purposes of this subsection (a), "minority-owned |
business", "women-owned business", and "business owned by |
persons with disabilities" have the meanings given to those |
terms in Section 2 of the Business Enterprise for Minorities, |
Women, and Persons with Disabilities Act. |
(b) Except as otherwise provided in this subsection (b), |
the initial license fee for a master sports wagering license |
for an organization licensee is 5% of its handle from the |
preceding calendar year or the lowest amount that is required |
to be paid as an initial license fee by an owners licensee |
under subsection (b) of Section 25-35, whichever is greater. |
No initial license fee shall exceed $10,000,000. An |
organization licensee licensed on the effective date of this |
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Act shall pay the initial master sports wagering license fee |
by July 1, 2021. For an organization licensee licensed after |
the effective date of this Act, the master sports wagering |
license fee shall be $5,000,000, but the amount shall be |
adjusted 12 months after the organization licensee begins |
racing operations based on 5% of its handle from the first 12 |
months of racing operations. The master sports wagering |
license is valid for 4 years. |
(c) The organization licensee may renew the master sports |
wagering license for a period of 4 years by paying a $1,000,000 |
renewal fee to the Board. |
(d) An organization licensee issued a master sports |
wagering license may conduct sports wagering: |
(1) at its facility at which inter-track wagering is |
conducted pursuant to an inter-track wagering license |
under the Illinois Horse Racing Act of 1975; |
(2) at 3 inter-track wagering locations if the |
inter-track wagering location licensee from which it |
derives its license is an organization licensee that is |
issued a master sports
wagering license; and |
(3) over the Internet or through a mobile application. |
(e) The sports wagering offered over the Internet or |
through a mobile application shall only be offered under |
either the same brand as the organization licensee is |
operating under or a brand owned by a direct or indirect |
holding company that owns at least an 80% interest in that |
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organization licensee on the effective date of this Act. |
(f) Until issuance of the first license under Section |
25-45 or March 5, 2022, whichever occurs first , an individual |
must create a sports wagering account in person at a facility |
under paragraph (1) or (2) of subsection (d) to participate in |
sports wagering offered over the Internet or through a mobile |
application.
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(Source: P.A. 101-31, eff. 6-28-19; 101-648, eff. 6-30-20.)
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(230 ILCS 45/25-35)
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Sec. 25-35. Master sports wagering license issued to an |
owners licensee. |
(a) An owners licensee may apply to the Board for a master |
sports wagering license. To the extent permitted by federal |
and State law, the Board shall actively seek to achieve |
racial, ethnic, and geographic diversity when issuing master |
sports wagering licenses to owners licensees and encourage |
minority-owned businesses, women-owned businesses, |
veteran-owned businesses, and businesses owned by persons with |
disabilities to apply for licensure. Additionally, the report |
published under subsection (m) of Section 25-45 shall impact |
the issuance of the master sports wagering license to the |
extent permitted by federal and State law. |
For the purposes of this subsection (a), "minority-owned |
business", "women-owned business", and "business owned by |
persons with disabilities" have the meanings given to those |
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terms in Section 2 of the Business Enterprise for Minorities, |
Women, and Persons with Disabilities Act. |
(b) Except as otherwise provided in subsection (b-5), the |
initial license fee for a master sports wagering license for |
an owners licensee is 5% of its adjusted gross receipts from |
the preceding calendar year. No initial license fee shall |
exceed $10,000,000. An owners licensee licensed on the |
effective date of this Act shall pay the initial master sports |
wagering license fee by July 1, 2021. The master sports |
wagering license is valid for 4 years. |
(b-5) For an owners licensee licensed after the effective |
date of this Act, the master sports wagering license fee shall |
be $5,000,000, but the amount shall be adjusted 12 months |
after the owners licensee begins gambling operations under the |
Illinois Gambling Act based on 5% of its adjusted gross |
receipts from the first 12 months of gambling operations. The |
master sports wagering license is valid for 4 years. |
(c) The owners licensee may renew the master sports |
wagering license for a period of 4 years by paying a $1,000,000 |
renewal fee to the Board. |
(d) An owners licensee issued a master sports wagering |
license may conduct sports wagering: |
(1) at its facility in this State that is authorized |
to conduct gambling operations under the Illinois Gambling |
Act; and |
(2) over the Internet or through a mobile application. |
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(e) The sports wagering offered over the Internet or |
through a mobile application shall only be offered under |
either the same brand as the owners licensee is operating |
under or a brand owned by a direct or indirect holding company |
that owns at least an 80% interest in that owners licensee on |
the effective date of this Act. |
(f) Until issuance of the first license under Section |
25-45 or March 5, 2022, whichever occurs first , an individual |
must create a sports wagering account in person at a facility |
under paragraph (1) of subsection (d) to participate in sports |
wagering offered over the Internet or through a mobile |
application.
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(Source: P.A. 101-31, eff. 6-28-19; 101-648, eff. 6-30-20.)
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(230 ILCS 45/25-40)
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Sec. 25-40. Master sports wagering license issued to a |
sports facility. |
(a) As used in this Section, "designee" means a master |
sports wagering licensee under Section 25-30, 25-35, or 25-45 |
or a management services provider licensee. |
(b) A sports facility or a designee contracted to operate |
sports wagering at or within a 5-block radius of the sports |
facility may apply to the Board for a master sports wagering |
license. To the extent permitted by federal and State law, the |
Board shall actively seek to achieve racial, ethnic, and |
geographic diversity when issuing master sports wagering |
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licenses to sports facilities or their designees and encourage |
minority-owned businesses, women-owned businesses, |
veteran-owned businesses, and businesses owned by persons with |
disabilities to apply for licensure. Additionally, the report |
published under subsection (m) of Section 25-45 shall impact |
the issuance of the master sports wagering license to the |
extent permitted by federal and State law. |
For the purposes of this subsection (b), "minority-owned |
business", "women-owned business", and "business owned by |
persons with disabilities" have the meanings given to those |
terms in Section 2 of the Business Enterprise for Minorities, |
Women, and Persons with Disabilities Act. |
(c) The Board may issue up to 7 master sports wagering |
licenses to sports facilities or their designees that meet the |
requirements for licensure as determined by rule by the Board. |
If more than 7 qualified applicants apply for a master sports |
wagering license under this Section, the licenses shall be |
granted in the order in which the applications were received. |
If a license is denied, revoked, or not renewed, the Board may |
begin a new application process and issue a license under this |
Section in the order in which the application was received. |
(d) The initial license fee for a master sports wagering |
license for a sports facility is $10,000,000. The master |
sports wagering license is valid for 4 years. |
(e) The sports facility or its designee may renew the |
master sports wagering license for a period of 4 years by |
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paying a $1,000,000 renewal fee to the Board. |
(f) A sports facility or its designee issued a master |
sports wagering license may conduct sports wagering at or |
within a 5-block radius of the sports facility. |
(g) A sports facility or its designee issued a master |
sports wagering license may conduct sports wagering over the |
Internet within the sports facility or within a 5-block radius |
of the sports facility. |
(h) The sports wagering offered by a sports facility or |
its designee over the Internet or through a mobile application |
shall be offered under the same brand as the sports facility is |
operating under, the brand the designee is operating under, or |
a combination thereof. |
(i) Until issuance of the first license under Section |
25-45 or March 5, 2022, whichever occurs first , an individual |
must register in person at a sports facility or the designee's |
facility to participate in sports wagering offered over the |
Internet or through a mobile application.
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(Source: P.A. 101-31, eff. 6-28-19.)
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(230 ILCS 45/25-50)
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Sec. 25-50. Supplier license. |
(a) The Board may issue a supplier license to a person to |
sell or lease sports wagering equipment, systems, or other |
gaming items to conduct sports wagering and offer services |
related to the equipment or other gaming items and data to a |
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master sports wagering licensee while the license is active. |
(b) The Board may adopt rules establishing additional |
requirements for a supplier and any system or other equipment |
utilized for sports wagering. The Board may accept licensing |
by another jurisdiction that it specifically determines to |
have similar licensing requirements as evidence the applicant |
meets supplier licensing requirements. |
(c) An applicant for a supplier license shall demonstrate |
that the equipment, system, or services that the applicant |
plans to offer to the master sports wagering licensee conforms |
to standards established by the Board and applicable State |
law. The Board may accept approval by another jurisdiction |
that it specifically determines have similar equipment |
standards as evidence the applicant meets the standards |
established by the Board and applicable State law. |
(d) Applicants shall pay to the Board a nonrefundable |
license and application fee in the amount of $150,000. Except |
as provided by Section 8.1 of the Illinois Gambling Act, the |
initial supplier license shall be issued for 4 years unless |
sooner canceled or terminated. After the initial period 4-year |
term , the Board shall renew supplier licenses for additional |
4-year periods unless sooner canceled or terminated annually |
thereafter . Renewal of a supplier license shall be granted to |
a renewal applicant who has continued to comply with all |
applicable statutory and regulatory requirements , upon |
submission of the Board-issued renewal form and payment of a |
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$150,000 renewal fee . Beginning 4 years after issuance of the |
initial supplier license, a holder of a supplier license shall |
pay a $150,000 annual license fee. |
(e) A supplier shall submit to the Board a list of all |
sports wagering equipment and services sold, delivered, or |
offered to a master sports wagering licensee in this State, as |
required by the Board, all of which must be tested and approved |
by an independent testing laboratory approved by the Board. A |
master sports wagering licensee may continue to use supplies |
acquired from a licensed supplier, even if a supplier's |
license expires or is otherwise canceled, unless the Board |
finds a defect in the supplies.
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(Source: P.A. 101-31, eff. 6-28-19.)
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Section 97. Severability. The provisions of this Act are |
severable under Section 1.31 of the Statute on Statutes.
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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