Bill Text: IL HB4707 | 2009-2010 | 96th General Assembly | Introduced
Bill Title: Amends the Riverboat Gambling Act. Requires a new applicant for an owners license to competitively bid what percentage of adjusted gross receipts it shall pay as a wagering tax, with the new license going to the highest bidder. Requires each licensee to make a quarterly report to the Board indicating profits and losses. Effective immediately.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-04 - Referred to Rules Committee [HB4707 Detail]
Download: Illinois-2009-HB4707-Introduced.html
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1 | AN ACT concerning gaming.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Riverboat Gambling Act is amended by | ||||||||||||||||||||||||||||
5 | changing Sections 5, 6, and 13 as follows:
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6 | (230 ILCS 10/5) (from Ch. 120, par. 2405)
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7 | Sec. 5. Gaming Board.
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8 | (a) (1) There is hereby established within the Department | ||||||||||||||||||||||||||||
9 | of Revenue an
Illinois Gaming Board which shall have the powers | ||||||||||||||||||||||||||||
10 | and duties specified in
this Act, and all other powers | ||||||||||||||||||||||||||||
11 | necessary and proper to fully and
effectively execute this Act | ||||||||||||||||||||||||||||
12 | for the purpose of administering, regulating,
and enforcing the | ||||||||||||||||||||||||||||
13 | system of riverboat gambling established by this Act. Its
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14 | jurisdiction shall extend under this Act to every person, | ||||||||||||||||||||||||||||
15 | association,
corporation, partnership and trust involved in | ||||||||||||||||||||||||||||
16 | riverboat gambling
operations in the State of Illinois.
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17 | (2) The Board shall consist of 5 members to be appointed by | ||||||||||||||||||||||||||||
18 | the Governor
with the advice and consent of the Senate, one of | ||||||||||||||||||||||||||||
19 | whom shall be designated
by the Governor to be chairman. Each | ||||||||||||||||||||||||||||
20 | member shall have a reasonable
knowledge of the practice, | ||||||||||||||||||||||||||||
21 | procedure and principles of gambling operations.
Each member | ||||||||||||||||||||||||||||
22 | shall either be a resident of Illinois or shall certify that he
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23 | will become a resident of Illinois before taking office. At |
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1 | least one member
shall be experienced in law enforcement and | ||||||
2 | criminal investigation, at
least one member shall be a | ||||||
3 | certified public accountant experienced in
accounting and | ||||||
4 | auditing, and at least one member shall be a lawyer licensed
to | ||||||
5 | practice law in Illinois.
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6 | (3) The terms of office of the Board members shall be 3 | ||||||
7 | years, except
that the terms of office of the initial Board | ||||||
8 | members appointed pursuant to
this Act will commence from the | ||||||
9 | effective date of this Act and run as
follows: one for a term | ||||||
10 | ending July 1, 1991, 2 for a term ending July 1,
1992, and 2 for | ||||||
11 | a term ending July 1, 1993. Upon the expiration of the
| ||||||
12 | foregoing terms, the successors of such members shall serve a | ||||||
13 | term for 3
years and until their successors are appointed and | ||||||
14 | qualified for like terms.
Vacancies in the Board shall be | ||||||
15 | filled for the unexpired term in like
manner as original | ||||||
16 | appointments. Each member of the Board shall be
eligible for | ||||||
17 | reappointment at the discretion of the Governor with the
advice | ||||||
18 | and consent of the Senate.
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19 | (4) Each member of the Board shall receive $300 for each | ||||||
20 | day the
Board meets and for each day the member conducts any | ||||||
21 | hearing pursuant to
this Act. Each member of the Board shall | ||||||
22 | also be reimbursed for all actual
and necessary expenses and | ||||||
23 | disbursements incurred in the execution of official
duties.
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24 | (5) No person shall be appointed a member of the Board or | ||||||
25 | continue to be
a member of the Board who is, or whose spouse, | ||||||
26 | child or parent is, a member
of the board of directors of, or a |
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1 | person financially interested in, any
gambling operation | ||||||
2 | subject to the jurisdiction of this Board, or any race
track, | ||||||
3 | race meeting, racing association or the operations thereof | ||||||
4 | subject
to the jurisdiction of the Illinois Racing Board. No | ||||||
5 | Board member shall
hold any other public office for which he | ||||||
6 | shall receive compensation other
than necessary travel or other | ||||||
7 | incidental expenses. No person shall be a
member of the Board | ||||||
8 | who is not of good moral character or who has been
convicted | ||||||
9 | of, or is under indictment for, a felony under the laws of
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10 | Illinois or any other state, or the United States.
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11 | (6) Any member of the Board may be removed by the Governor | ||||||
12 | for neglect
of duty, misfeasance, malfeasance, or nonfeasance | ||||||
13 | in office.
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14 | (7) Before entering upon the discharge of the duties of his | ||||||
15 | office, each
member of the Board shall take an oath that he | ||||||
16 | will faithfully execute the
duties of his office according to | ||||||
17 | the laws of the State and the rules and
regulations adopted | ||||||
18 | therewith and shall give bond to the State of Illinois,
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19 | approved by the Governor, in the sum of $25,000. Every such | ||||||
20 | bond, when
duly executed and approved, shall be recorded in the | ||||||
21 | office of the
Secretary of State. Whenever the Governor | ||||||
22 | determines that the bond of any
member of the Board has become | ||||||
23 | or is likely to become invalid or
insufficient, he shall | ||||||
24 | require such member forthwith to renew his bond,
which is to be | ||||||
25 | approved by the Governor. Any member of the Board who fails
to | ||||||
26 | take oath and give bond within 30 days from the date of his |
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1 | appointment,
or who fails to renew his bond within 30 days | ||||||
2 | after it is demanded by the
Governor, shall be guilty of | ||||||
3 | neglect of duty and may be removed by the
Governor. The cost of | ||||||
4 | any bond given by any member of the Board under this
Section | ||||||
5 | shall be taken to be a part of the necessary expenses of the | ||||||
6 | Board.
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7 | (8) Upon the request of the Board, the Department shall | ||||||
8 | employ such
personnel as may be necessary to carry out the | ||||||
9 | functions of the Board. No
person shall be employed to serve | ||||||
10 | the Board who is, or whose spouse, parent
or child is, an | ||||||
11 | official of, or has a financial interest in or financial
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12 | relation with, any operator engaged in gambling operations | ||||||
13 | within this
State or any organization engaged in conducting | ||||||
14 | horse racing within this
State. Any employee violating these | ||||||
15 | prohibitions shall be subject to
termination of employment.
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16 | (9) An Administrator shall perform any and all duties that | ||||||
17 | the Board
shall assign him. The salary of the Administrator | ||||||
18 | shall be determined by
the Board and approved by the Director | ||||||
19 | of the Department and, in addition,
he shall be reimbursed for | ||||||
20 | all actual and necessary expenses incurred by
him in discharge | ||||||
21 | of his official duties. The Administrator shall keep
records of | ||||||
22 | all proceedings of the Board and shall preserve all records,
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23 | books, documents and other papers belonging to the Board or | ||||||
24 | entrusted to
its care. The Administrator shall devote his full | ||||||
25 | time to the duties of
the office and shall not hold any other | ||||||
26 | office or employment.
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1 | (b) The Board shall have general responsibility for the | ||||||
2 | implementation
of this Act. Its duties include, without | ||||||
3 | limitation, the following:
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4 | (1) To decide promptly and in reasonable order all | ||||||
5 | license applications.
Any party aggrieved by an action of | ||||||
6 | the Board denying, suspending,
revoking, restricting or | ||||||
7 | refusing to renew a license may request a hearing
before | ||||||
8 | the Board. A request for a hearing must be made to the | ||||||
9 | Board in
writing within 5 days after service of notice of | ||||||
10 | the action of the Board.
Notice of the action of the Board | ||||||
11 | shall be served either by personal
delivery or by certified | ||||||
12 | mail, postage prepaid, to the aggrieved party.
Notice | ||||||
13 | served by certified mail shall be deemed complete on the | ||||||
14 | business
day following the date of such mailing. The Board | ||||||
15 | shall conduct all
requested hearings promptly and in | ||||||
16 | reasonable order;
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17 | (2) To conduct all hearings pertaining to civil | ||||||
18 | violations of this Act
or rules and regulations promulgated | ||||||
19 | hereunder;
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20 | (3) To promulgate such rules and regulations as in its | ||||||
21 | judgment may be
necessary to protect or enhance the | ||||||
22 | credibility and integrity of gambling
operations | ||||||
23 | authorized by this Act and the regulatory process | ||||||
24 | hereunder;
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25 | (4) To provide for the establishment and collection of | ||||||
26 | all license and
registration fees and taxes imposed by this |
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1 | Act and the rules and
regulations issued pursuant hereto. | ||||||
2 | All such fees and taxes shall be
deposited into the State | ||||||
3 | Gaming Fund;
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4 | (5) To provide for the levy and collection of penalties | ||||||
5 | and fines for the
violation of provisions of this Act and | ||||||
6 | the rules and regulations
promulgated hereunder. All such | ||||||
7 | fines and penalties shall be deposited
into the Education | ||||||
8 | Assistance Fund, created by Public Act 86-0018, of the
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9 | State of Illinois;
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10 | (6) To be present through its inspectors and agents any | ||||||
11 | time gambling
operations are conducted on any riverboat for | ||||||
12 | the purpose of certifying the
revenue thereof, receiving | ||||||
13 | complaints from the public, and conducting such
other | ||||||
14 | investigations into the conduct of the gambling games and | ||||||
15 | the
maintenance of the equipment as from time to time the | ||||||
16 | Board may deem
necessary and proper;
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17 | (7) To review and rule upon any complaint by a licensee
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18 | regarding any investigative procedures of the State which | ||||||
19 | are unnecessarily
disruptive of gambling operations. The | ||||||
20 | need to inspect and investigate
shall be presumed at all | ||||||
21 | times. The disruption of a licensee's operations
shall be | ||||||
22 | proved by clear and convincing evidence, and establish | ||||||
23 | that: (A)
the procedures had no reasonable law enforcement | ||||||
24 | purposes, and (B) the
procedures were so disruptive as to | ||||||
25 | unreasonably inhibit gambling operations;
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26 | (8) To hold at least one meeting each quarter of the |
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1 | fiscal
year. In addition, special meetings may be called by | ||||||
2 | the Chairman or any 2
Board members upon 72 hours written | ||||||
3 | notice to each member. All Board
meetings shall be subject | ||||||
4 | to the Open Meetings Act. Three members of the
Board shall | ||||||
5 | constitute a quorum, and 3 votes shall be required for any
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6 | final determination by the Board. The Board shall keep a | ||||||
7 | complete and
accurate record of all its meetings. A | ||||||
8 | majority of the members of the Board
shall constitute a | ||||||
9 | quorum for the transaction of any business, for the
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10 | performance of any duty, or for the exercise of any power | ||||||
11 | which this Act
requires the Board members to transact, | ||||||
12 | perform or exercise en banc, except
that, upon order of the | ||||||
13 | Board, one of the Board members or an
administrative law | ||||||
14 | judge designated by the Board may conduct any hearing
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15 | provided for under this Act or by Board rule and may | ||||||
16 | recommend findings and
decisions to the Board. The Board | ||||||
17 | member or administrative law judge
conducting such hearing | ||||||
18 | shall have all powers and rights granted to the
Board in | ||||||
19 | this Act. The record made at the time of the hearing shall | ||||||
20 | be
reviewed by the Board, or a majority thereof, and the | ||||||
21 | findings and decision
of the majority of the Board shall | ||||||
22 | constitute the order of the Board in
such case;
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23 | (9) To maintain records which are separate and distinct | ||||||
24 | from the records
of any other State board or commission. | ||||||
25 | Such records shall be available
for public inspection and | ||||||
26 | shall accurately reflect all Board proceedings;
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1 | (10) To file a written annual report with the Governor | ||||||
2 | on or before
March 1 each year and such additional reports | ||||||
3 | as the Governor may request.
The annual report shall | ||||||
4 | include a statement of receipts and disbursements
by the | ||||||
5 | Board, actions taken by the Board, and any additional | ||||||
6 | information
and recommendations which the Board may deem | ||||||
7 | valuable or which the Governor
may request;
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8 | (11) (Blank);
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9 | (12) To assume responsibility for the administration | ||||||
10 | and
enforcement of the Bingo License and Tax Act, the | ||||||
11 | Charitable Games Act, and
the Pull Tabs and Jar Games Act | ||||||
12 | if such responsibility is delegated to it
by the Director | ||||||
13 | of Revenue; and
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14 | (13) To assume responsibility for administration and | ||||||
15 | enforcement of the
Video Gaming Act ; and . | ||||||
16 | (14) To require each licensee under this Act to
file a | ||||||
17 | quarterly report with the Board of its profits and losses, | ||||||
18 | which shall be a public document. | ||||||
19 | (c) The Board shall have jurisdiction over and shall | ||||||
20 | supervise all
gambling operations governed by this Act. The | ||||||
21 | Board shall have all powers
necessary and proper to fully and | ||||||
22 | effectively execute the provisions of
this Act, including, but | ||||||
23 | not limited to, the following:
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24 | (1) To investigate applicants and determine the | ||||||
25 | eligibility of
applicants for licenses and to select among | ||||||
26 | competing applicants the
applicants which best serve the |
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1 | interests of the citizens of Illinois.
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2 | (2) To have jurisdiction and supervision over all | ||||||
3 | riverboat gambling
operations in this State and all persons | ||||||
4 | on riverboats where gambling
operations are conducted.
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5 | (3) To promulgate rules and regulations for the purpose | ||||||
6 | of administering
the provisions of this Act and to | ||||||
7 | prescribe rules, regulations and
conditions under which | ||||||
8 | all riverboat gambling in the State shall be
conducted. | ||||||
9 | Such rules and regulations are to provide for the | ||||||
10 | prevention of
practices detrimental to the public interest | ||||||
11 | and for the best interests of
riverboat gambling, including | ||||||
12 | rules and regulations regarding the
inspection of such | ||||||
13 | riverboats and the review of any permits or licenses
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14 | necessary to operate a riverboat under any laws or | ||||||
15 | regulations applicable
to riverboats, and to impose | ||||||
16 | penalties for violations thereof.
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17 | (4) To enter the office, riverboats, facilities, or | ||||||
18 | other
places of business of a licensee, where evidence of | ||||||
19 | the compliance or
noncompliance with the provisions of this | ||||||
20 | Act is likely to be found.
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21 | (5) To investigate alleged violations of this Act or | ||||||
22 | the
rules of the Board and to take appropriate disciplinary
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23 | action against a licensee or a holder of an occupational | ||||||
24 | license for a
violation, or institute appropriate legal | ||||||
25 | action for enforcement, or both.
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26 | (6) To adopt standards for the licensing of all persons |
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1 | under this Act,
as well as for electronic or mechanical | ||||||
2 | gambling games, and to establish
fees for such licenses.
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3 | (7) To adopt appropriate standards for all riverboats
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4 | and facilities.
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5 | (8) To require that the records, including financial or | ||||||
6 | other statements
of any licensee under this Act, shall be | ||||||
7 | kept in such manner as prescribed
by the Board and that any | ||||||
8 | such licensee involved in the ownership or
management of | ||||||
9 | gambling operations submit to the Board an annual balance
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10 | sheet and profit and loss statement, list of the | ||||||
11 | stockholders or other
persons having a 1% or greater | ||||||
12 | beneficial interest in the gambling
activities of each | ||||||
13 | licensee, and any other information the Board deems
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14 | necessary in order to effectively administer this Act and | ||||||
15 | all rules,
regulations, orders and final decisions | ||||||
16 | promulgated under this Act.
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17 | (9) To conduct hearings, issue subpoenas for the | ||||||
18 | attendance of
witnesses and subpoenas duces tecum for the | ||||||
19 | production of books, records
and other pertinent documents | ||||||
20 | in accordance with the Illinois
Administrative Procedure | ||||||
21 | Act, and to administer oaths and affirmations to
the | ||||||
22 | witnesses, when, in the judgment of the Board, it is | ||||||
23 | necessary to
administer or enforce this Act or the Board | ||||||
24 | rules.
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25 | (10) To prescribe a form to be used by any licensee | ||||||
26 | involved in the
ownership or management of gambling |
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1 | operations as an
application for employment for their | ||||||
2 | employees.
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3 | (11) To revoke or suspend licenses, as the Board may | ||||||
4 | see fit and in
compliance with applicable laws of the State | ||||||
5 | regarding administrative
procedures, and to review | ||||||
6 | applications for the renewal of licenses. The
Board may | ||||||
7 | suspend an owners license, without notice or hearing upon a
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8 | determination that the safety or health of patrons or | ||||||
9 | employees is
jeopardized by continuing a riverboat's | ||||||
10 | operation. The suspension may
remain in effect until the | ||||||
11 | Board determines that the cause for suspension
has been | ||||||
12 | abated. The Board may revoke the owners license upon a
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13 | determination that the owner has not made satisfactory | ||||||
14 | progress toward
abating the hazard.
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15 | (12) To eject or exclude or authorize the ejection or | ||||||
16 | exclusion of, any
person from riverboat gambling | ||||||
17 | facilities where such person is in violation
of this Act, | ||||||
18 | rules and regulations thereunder, or final orders of the
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19 | Board, or where such person's conduct or reputation is such | ||||||
20 | that his
presence within the riverboat gambling facilities | ||||||
21 | may, in the opinion of
the Board, call into question the | ||||||
22 | honesty and integrity of the gambling
operations or | ||||||
23 | interfere with orderly conduct thereof; provided that the
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24 | propriety of such ejection or exclusion is subject to | ||||||
25 | subsequent hearing
by the Board.
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26 | (13) To require all licensees of gambling operations to |
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1 | utilize a
cashless wagering system whereby all players' | ||||||
2 | money is converted to tokens,
electronic cards, or chips | ||||||
3 | which shall be used only for wagering in the
gambling | ||||||
4 | establishment.
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5 | (14) (Blank).
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6 | (15) To suspend, revoke or restrict licenses, to | ||||||
7 | require the
removal of a licensee or an employee of a | ||||||
8 | licensee for a violation of this
Act or a Board rule or for | ||||||
9 | engaging in a fraudulent practice, and to
impose civil | ||||||
10 | penalties of up to $5,000 against individuals and up to
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11 | $10,000 or an amount equal to the daily gross receipts, | ||||||
12 | whichever is
larger, against licensees for each violation | ||||||
13 | of any provision of the Act,
any rules adopted by the | ||||||
14 | Board, any order of the Board or any other action
which, in | ||||||
15 | the Board's discretion, is a detriment or impediment to | ||||||
16 | riverboat
gambling operations.
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17 | (16) To hire employees to gather information, conduct | ||||||
18 | investigations
and carry out any other tasks contemplated | ||||||
19 | under this Act.
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20 | (17) To establish minimum levels of insurance to be | ||||||
21 | maintained by
licensees.
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22 | (18) To authorize a licensee to sell or serve alcoholic | ||||||
23 | liquors, wine or
beer as defined in the Liquor Control Act | ||||||
24 | of 1934 on board a riverboat
and to have exclusive | ||||||
25 | authority to establish the hours for sale and
consumption | ||||||
26 | of alcoholic liquor on board a riverboat, notwithstanding |
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1 | any
provision of the Liquor Control Act of 1934 or any | ||||||
2 | local ordinance, and
regardless of whether the riverboat | ||||||
3 | makes excursions. The
establishment of the hours for sale | ||||||
4 | and consumption of alcoholic liquor on
board a riverboat is | ||||||
5 | an exclusive power and function of the State. A home
rule | ||||||
6 | unit may not establish the hours for sale and consumption | ||||||
7 | of alcoholic
liquor on board a riverboat. This amendatory | ||||||
8 | Act of 1991 is a denial and
limitation of home rule powers | ||||||
9 | and functions under subsection (h) of
Section 6 of Article | ||||||
10 | VII of the Illinois Constitution.
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11 | (19) After consultation with the U.S. Army Corps of | ||||||
12 | Engineers, to
establish binding emergency orders upon the | ||||||
13 | concurrence of a majority of
the members of the Board | ||||||
14 | regarding the navigability of water, relative to
| ||||||
15 | excursions,
in the event
of extreme weather conditions, | ||||||
16 | acts of God or other extreme circumstances.
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17 | (20) To delegate the execution of any of its powers | ||||||
18 | under this Act for
the purpose of administering and | ||||||
19 | enforcing this Act and its rules and
regulations hereunder.
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20 | (20.6) To appoint investigators to conduct | ||||||
21 | investigations, searches, seizures, arrests, and other | ||||||
22 | duties imposed under this Act, as deemed necessary by the | ||||||
23 | Board. These investigators have and may exercise all of the | ||||||
24 | rights and powers of peace officers, provided that these | ||||||
25 | powers shall be limited to offenses or violations occurring | ||||||
26 | or committed on a riverboat or dock, as defined in |
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1 | subsections (d) and (f) of Section 4, or as otherwise | ||||||
2 | provided by this Act or any other law. | ||||||
3 | (20.7) To contract with the Department of State Police | ||||||
4 | for the use of trained and qualified State police officers | ||||||
5 | and with the Department of Revenue for the use of trained | ||||||
6 | and qualified Department of Revenue investigators to | ||||||
7 | conduct investigations, searches, seizures, arrests, and | ||||||
8 | other duties imposed under this Act and to exercise all of | ||||||
9 | the rights and powers of peace officers, provided that the | ||||||
10 | powers of Department of Revenue investigators under this | ||||||
11 | subdivision (20.7) shall be limited to offenses or | ||||||
12 | violations occurring or committed on a riverboat or dock, | ||||||
13 | as defined in subsections (d) and (f) of Section 4, or as | ||||||
14 | otherwise provided by this Act or any other law. In the | ||||||
15 | event the Department of State Police or the Department of | ||||||
16 | Revenue is unable to fill contracted police or | ||||||
17 | investigative positions, the Board may appoint | ||||||
18 | investigators to fill those positions pursuant to | ||||||
19 | subdivision (20.6).
| ||||||
20 | (21) To take any other action as may be reasonable or | ||||||
21 | appropriate to
enforce this Act and rules and regulations | ||||||
22 | hereunder.
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23 | (d) The Board may seek and shall receive the cooperation of | ||||||
24 | the
Department of State Police in conducting background | ||||||
25 | investigations of
applicants and in fulfilling its | ||||||
26 | responsibilities under
this Section. Costs incurred by the |
| |||||||
| |||||||
1 | Department of State Police as
a result of such cooperation | ||||||
2 | shall be paid by the Board in conformance
with the requirements | ||||||
3 | of Section 2605-400 of the Department of State Police Law
(20 | ||||||
4 | ILCS 2605/2605-400).
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5 | (e) The Board must authorize to each investigator and to | ||||||
6 | any other
employee of the Board exercising the powers of a | ||||||
7 | peace officer a distinct badge
that, on its face, (i) clearly | ||||||
8 | states that the badge is authorized by the Board
and
(ii) | ||||||
9 | contains a unique identifying number. No other badge shall be | ||||||
10 | authorized
by the Board.
| ||||||
11 | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; revised | ||||||
12 | 8-20-09.)
| ||||||
13 | (230 ILCS 10/6) (from Ch. 120, par. 2406)
| ||||||
14 | Sec. 6. Application for Owners License.
| ||||||
15 | (a) A qualified person may
apply to the Board for an owners | ||||||
16 | license to
conduct a riverboat gambling operation as provided | ||||||
17 | in this Act. The
application shall be made on forms provided by | ||||||
18 | the Board and shall contain
such information as the Board | ||||||
19 | prescribes, including but not limited to the
identity of the | ||||||
20 | riverboat on which such gambling operation is to be
conducted | ||||||
21 | and the exact location where such riverboat will be docked, a
| ||||||
22 | certification that the riverboat will be registered under this | ||||||
23 | Act at all
times during which gambling operations are conducted | ||||||
24 | on board, detailed
information regarding the ownership and | ||||||
25 | management of the applicant, and
detailed personal information |
| |||||||
| |||||||
1 | regarding the applicant. Any application for an
owners license | ||||||
2 | to be re-issued on or after June 1, 2003 shall also
include the | ||||||
3 | applicant's license bid in a form prescribed by the Board.
| ||||||
4 | Information
provided on the application shall be used as a | ||||||
5 | basis for a thorough
background investigation which the Board | ||||||
6 | shall conduct with respect to each
applicant. An incomplete | ||||||
7 | application shall be cause for denial of a license
by the | ||||||
8 | Board. Beginning on the effective date of this amendatory Act | ||||||
9 | of 96th General Assembly, for a
newly authorized owners | ||||||
10 | license, all applicants shall bid
competitively for a new | ||||||
11 | license. The Board shall grant new
licenses based, in addition | ||||||
12 | to the factors in Section 7, on
what percentage of adjusted | ||||||
13 | gross receipts the applicant bids
to pay to the State as a | ||||||
14 | wagering tax. The qualified
applicant that bids to pay the | ||||||
15 | highest wagering tax shall be awarded the license.
| ||||||
16 | (b) Each applicant Applicants shall submit with its their | ||||||
17 | application all documents,
resolutions, and letters of support | ||||||
18 | from the governing body that represents
the municipality or | ||||||
19 | county wherein the licensee will dock.
| ||||||
20 | (c) Each applicant shall disclose the identity of every | ||||||
21 | person,
association, trust or corporation having a greater than | ||||||
22 | 1% direct or
indirect pecuniary interest in the riverboat | ||||||
23 | gambling operation with
respect to which the license is sought. | ||||||
24 | If the disclosed entity is a
trust, the application shall | ||||||
25 | disclose the names and addresses of the
beneficiaries; if a | ||||||
26 | corporation, the names and
addresses of all stockholders and |
| |||||||
| |||||||
1 | directors; if a partnership, the names
and addresses of all | ||||||
2 | partners, both general and limited.
| ||||||
3 | (d) An application shall be filed with the Board by January | ||||||
4 | 1 of the
year preceding any calendar year for which an | ||||||
5 | applicant seeks an owners
license; however, applications for an | ||||||
6 | owners license permitting
operations on January 1, 1991 shall | ||||||
7 | be filed by July 1, 1990. An
application fee of $50,000 shall | ||||||
8 | be paid at the time of filing
to defray the costs associated | ||||||
9 | with the
background investigation conducted by the Board. If | ||||||
10 | the costs of the
investigation exceed $50,000, the applicant | ||||||
11 | shall pay the additional amount
to the Board. If the costs of | ||||||
12 | the investigation are less than $50,000, the
applicant shall | ||||||
13 | receive a refund of the remaining amount. All
information, | ||||||
14 | records, interviews, reports, statements, memoranda or other
| ||||||
15 | data supplied to or used by the Board in the course of its | ||||||
16 | review or
investigation of an application for a license under | ||||||
17 | this Act shall be
privileged, strictly confidential and shall | ||||||
18 | be used only for the purpose of
evaluating an applicant. Such | ||||||
19 | information, records, interviews, reports,
statements, | ||||||
20 | memoranda or other data shall not be admissible as evidence,
| ||||||
21 | nor discoverable in any action of any kind in any court or | ||||||
22 | before any
tribunal, board, agency or person, except for any | ||||||
23 | action deemed necessary
by the Board.
| ||||||
24 | (e) The Board shall charge each applicant a fee set by the | ||||||
25 | Department of
State Police to defray the costs associated with | ||||||
26 | the search and
classification of fingerprints obtained by the |
| |||||||
| |||||||
1 | Board with respect to the
applicant's application. These fees | ||||||
2 | shall be paid into the State Police
Services Fund.
| ||||||
3 | (f) The licensed owner shall be the person primarily | ||||||
4 | responsible for the
boat itself. Only one riverboat gambling | ||||||
5 | operation may be authorized
by the Board on any riverboat. The | ||||||
6 | applicant must identify each riverboat
it intends to use and | ||||||
7 | certify that the riverboat: (1) has the authorized
capacity | ||||||
8 | required in this Act; (2) is accessible to disabled persons; | ||||||
9 | and
(3) is fully registered and licensed in accordance
with any | ||||||
10 | applicable laws.
| ||||||
11 | (g) A person who knowingly makes a false statement on an | ||||||
12 | application is
guilty of a Class A misdemeanor.
| ||||||
13 | (Source: P.A. 93-28, eff. 6-20-03.)
| ||||||
14 | (230 ILCS 10/13) (from Ch. 120, par. 2413)
| ||||||
15 | Sec. 13. Wagering tax; rate; distribution.
| ||||||
16 | (a) Until January 1, 1998, a tax is imposed on the adjusted | ||||||
17 | gross
receipts received from gambling games authorized under | ||||||
18 | this Act at the rate of
20%.
| ||||||
19 | (a-1) From January 1, 1998 until July 1, 2002, a privilege | ||||||
20 | tax is
imposed on persons engaged in the business of conducting | ||||||
21 | riverboat gambling
operations, based on the adjusted gross | ||||||
22 | receipts received by a licensed owner
from gambling games | ||||||
23 | authorized under this Act at the following rates:
| ||||||
24 | 15% of annual adjusted gross receipts up to and | ||||||
25 | including $25,000,000;
|
| |||||||
| |||||||
1 | 20% of annual adjusted gross receipts in excess of | ||||||
2 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
3 | 25% of annual adjusted gross receipts in excess of | ||||||
4 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
5 | 30% of annual adjusted gross receipts in excess of | ||||||
6 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
7 | 35% of annual adjusted gross receipts in excess of | ||||||
8 | $100,000,000.
| ||||||
9 | (a-2) From July 1, 2002 until July 1, 2003, a privilege tax | ||||||
10 | is imposed on
persons engaged in the business of conducting | ||||||
11 | riverboat gambling operations,
other than licensed managers | ||||||
12 | conducting riverboat gambling operations on behalf
of the | ||||||
13 | State, based on the adjusted gross receipts received by a | ||||||
14 | licensed
owner from gambling games authorized under this Act at | ||||||
15 | the following rates:
| ||||||
16 | 15% of annual adjusted gross receipts up to and | ||||||
17 | including $25,000,000;
| ||||||
18 | 22.5% of annual adjusted gross receipts in excess of | ||||||
19 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
20 | 27.5% of annual adjusted gross receipts in excess of | ||||||
21 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
22 | 32.5% of annual adjusted gross receipts in excess of | ||||||
23 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
24 | 37.5% of annual adjusted gross receipts in excess of | ||||||
25 | $100,000,000 but not
exceeding $150,000,000;
| ||||||
26 | 45% of annual adjusted gross receipts in excess of |
| |||||||
| |||||||
1 | $150,000,000 but not
exceeding $200,000,000;
| ||||||
2 | 50% of annual adjusted gross receipts in excess of | ||||||
3 | $200,000,000.
| ||||||
4 | (a-3) Beginning July 1, 2003, a privilege tax is imposed on | ||||||
5 | persons engaged
in the business of conducting riverboat | ||||||
6 | gambling operations, other than
licensed managers conducting | ||||||
7 | riverboat gambling operations on behalf of the
State, based on | ||||||
8 | the adjusted gross receipts received by a licensed owner from
| ||||||
9 | gambling games authorized under this Act at the following | ||||||
10 | rates:
| ||||||
11 | 15% of annual adjusted gross receipts up to and | ||||||
12 | including $25,000,000;
| ||||||
13 | 27.5% of annual adjusted gross receipts in excess of | ||||||
14 | $25,000,000 but not
exceeding $37,500,000;
| ||||||
15 | 32.5% of annual adjusted gross receipts in excess of | ||||||
16 | $37,500,000 but not
exceeding $50,000,000;
| ||||||
17 | 37.5% of annual adjusted gross receipts in excess of | ||||||
18 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
19 | 45% of annual adjusted gross receipts in excess of | ||||||
20 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
21 | 50% of annual adjusted gross receipts in excess of | ||||||
22 | $100,000,000 but not
exceeding $250,000,000;
| ||||||
23 | 70% of annual adjusted gross receipts in excess of | ||||||
24 | $250,000,000.
| ||||||
25 | An amount equal to the amount of wagering taxes collected | ||||||
26 | under this
subsection (a-3) that are in addition to the amount |
| |||||||
| |||||||
1 | of wagering taxes that
would have been collected if the | ||||||
2 | wagering tax rates under subsection (a-2)
were in effect shall | ||||||
3 | be paid into the Common School Fund.
| ||||||
4 | The privilege tax imposed under this subsection (a-3) shall | ||||||
5 | no longer be
imposed beginning on the earlier of (i) July 1, | ||||||
6 | 2005; (ii) the first date
after June 20, 2003 that riverboat | ||||||
7 | gambling operations are conducted
pursuant to a dormant | ||||||
8 | license; or (iii) the first day that riverboat gambling
| ||||||
9 | operations are conducted under the authority of an owners | ||||||
10 | license that is in
addition to the 10 owners licenses initially | ||||||
11 | authorized under this Act.
For the purposes of this subsection | ||||||
12 | (a-3), the term "dormant license"
means an owners license that | ||||||
13 | is authorized by this Act under which no
riverboat gambling | ||||||
14 | operations are being conducted on June 20, 2003.
| ||||||
15 | (a-4) Beginning on the first day on which the tax imposed | ||||||
16 | under
subsection (a-3) is no longer imposed, for licenses | ||||||
17 | issued before the effective date of this amendatory Act of the | ||||||
18 | 96th General Assembly, a privilege tax is imposed on persons
| ||||||
19 | engaged in the business of conducting riverboat gambling | ||||||
20 | operations, other
than licensed managers conducting riverboat | ||||||
21 | gambling operations on behalf of
the State, based on the | ||||||
22 | adjusted gross receipts received by a licensed owner
from | ||||||
23 | gambling games authorized under this Act at the following | ||||||
24 | rates:
| ||||||
25 | 15% of annual adjusted gross receipts up to and | ||||||
26 | including $25,000,000;
|
| |||||||
| |||||||
1 | 22.5% of annual adjusted gross receipts in excess of | ||||||
2 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
3 | 27.5% of annual adjusted gross receipts in excess of | ||||||
4 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
5 | 32.5% of annual adjusted gross receipts in excess of | ||||||
6 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
7 | 37.5% of annual adjusted gross receipts in excess of | ||||||
8 | $100,000,000 but not
exceeding $150,000,000;
| ||||||
9 | 45% of annual adjusted gross receipts in excess of | ||||||
10 | $150,000,000 but not
exceeding $200,000,000;
| ||||||
11 | 50% of annual adjusted gross receipts in excess of | ||||||
12 | $200,000,000.
| ||||||
13 | For licenses issued on or after
the effective date of this | ||||||
14 | amendatory Act of the 96th General Assembly, a tax is
imposed | ||||||
15 | on the adjusted gross receipts received from gambling
games | ||||||
16 | authorized under this Act at the rate set in the applicant's | ||||||
17 | bid for its license, but in no case less than 20%. | ||||||
18 | (a-8) Riverboat gambling operations conducted by a | ||||||
19 | licensed manager on
behalf of the State are not subject to the | ||||||
20 | tax imposed under this Section.
| ||||||
21 | (a-10) The taxes imposed by this Section shall be paid by | ||||||
22 | the licensed
owner to the Board not later than 3:00 o'clock | ||||||
23 | p.m. of the day after the day
when the wagers were made.
| ||||||
24 | (a-15) If the privilege tax imposed under subsection (a-3) | ||||||
25 | is no longer imposed pursuant to item (i) of the last paragraph | ||||||
26 | of subsection (a-3), then by June 15 of each year, each owners |
| |||||||
| |||||||
1 | licensee, other than an owners licensee that admitted 1,000,000 | ||||||
2 | persons or
fewer in calendar year 2004, must, in addition to | ||||||
3 | the payment of all amounts otherwise due under this Section, | ||||||
4 | pay to the Board a reconciliation payment in the amount, if | ||||||
5 | any, by which the licensed owner's base amount exceeds the | ||||||
6 | amount of net privilege tax paid by the licensed owner to the | ||||||
7 | Board in the then current State fiscal year. A licensed owner's | ||||||
8 | net privilege tax obligation due for the balance of the State | ||||||
9 | fiscal year shall be reduced up to the total of the amount paid | ||||||
10 | by the licensed owner in its June 15 reconciliation payment. | ||||||
11 | The obligation imposed by this subsection (a-15) is binding on | ||||||
12 | any person, firm, corporation, or other entity that acquires an | ||||||
13 | ownership interest in any such owners license. The obligation | ||||||
14 | imposed under this subsection (a-15) terminates on the earliest | ||||||
15 | of: (i) July 1, 2007, (ii) the first day after the effective | ||||||
16 | date of this amendatory Act of the 94th General Assembly that | ||||||
17 | riverboat gambling operations are conducted pursuant to a | ||||||
18 | dormant license, (iii) the first day that riverboat gambling | ||||||
19 | operations are conducted under the authority of an owners | ||||||
20 | license that is in addition to the 10 owners licenses initially | ||||||
21 | authorized under this Act, or (iv) the first day that a | ||||||
22 | licensee under the Illinois Horse Racing Act of 1975 conducts | ||||||
23 | gaming operations with slot machines or other electronic gaming | ||||||
24 | devices. The Board must reduce the obligation imposed under | ||||||
25 | this subsection (a-15) by an amount the Board deems reasonable | ||||||
26 | for any of the following reasons: (A) an act or acts of God, |
| |||||||
| |||||||
1 | (B) an act of bioterrorism or terrorism or a bioterrorism or | ||||||
2 | terrorism threat that was investigated by a law enforcement | ||||||
3 | agency, or (C) a condition beyond the control of the owners | ||||||
4 | licensee that does not result from any act or omission by the | ||||||
5 | owners licensee or any of its agents and that poses a hazardous | ||||||
6 | threat to the health and safety of patrons. If an owners | ||||||
7 | licensee pays an amount in excess of its liability under this | ||||||
8 | Section, the Board shall apply the overpayment to future | ||||||
9 | payments required under this Section. | ||||||
10 | For purposes of this subsection (a-15): | ||||||
11 | "Act of God" means an incident caused by the operation of | ||||||
12 | an extraordinary force that cannot be foreseen, that cannot be | ||||||
13 | avoided by the exercise of due care, and for which no person | ||||||
14 | can be held liable.
| ||||||
15 | "Base amount" means the following: | ||||||
16 | For a riverboat in Alton, $31,000,000.
| ||||||
17 | For a riverboat in East Peoria, $43,000,000.
| ||||||
18 | For the Empress riverboat in Joliet, $86,000,000.
| ||||||
19 | For a riverboat in Metropolis, $45,000,000.
| ||||||
20 | For the Harrah's riverboat in Joliet, $114,000,000.
| ||||||
21 | For a riverboat in Aurora, $86,000,000.
| ||||||
22 | For a riverboat in East St. Louis, $48,500,000.
| ||||||
23 | For a riverboat in Elgin, $198,000,000.
| ||||||
24 | "Dormant license" has the meaning ascribed to it in | ||||||
25 | subsection (a-3).
| ||||||
26 | "Net privilege tax" means all privilege taxes paid by a |
| |||||||
| |||||||
1 | licensed owner to the Board under this Section, less all | ||||||
2 | payments made from the State Gaming Fund pursuant to subsection | ||||||
3 | (b) of this Section. | ||||||
4 | The changes made to this subsection (a-15) by Public Act | ||||||
5 | 94-839 are intended to restate and clarify the intent of Public | ||||||
6 | Act 94-673 with respect to the amount of the payments required | ||||||
7 | to be made under this subsection by an owners licensee to the | ||||||
8 | Board.
| ||||||
9 | (b) Until January 1, 1998, 25% of the tax revenue deposited | ||||||
10 | in the State
Gaming Fund under this Section shall be paid, | ||||||
11 | subject to appropriation by the
General Assembly, to the unit | ||||||
12 | of local government which is designated as the
home dock of the | ||||||
13 | riverboat. Beginning January 1, 1998, from the tax revenue
| ||||||
14 | deposited in the State Gaming Fund under this Section, an | ||||||
15 | amount equal to 5% of
adjusted gross receipts generated by a | ||||||
16 | riverboat shall be paid monthly, subject
to appropriation by | ||||||
17 | the General Assembly, to the unit of local government that
is | ||||||
18 | designated as the home dock of the riverboat. From the tax | ||||||
19 | revenue
deposited in the State Gaming Fund pursuant to | ||||||
20 | riverboat gambling operations
conducted by a licensed manager | ||||||
21 | on behalf of the State, an amount equal to 5%
of adjusted gross | ||||||
22 | receipts generated pursuant to those riverboat gambling
| ||||||
23 | operations shall be paid monthly,
subject to appropriation by | ||||||
24 | the General Assembly, to the unit of local
government that is | ||||||
25 | designated as the home dock of the riverboat upon which
those | ||||||
26 | riverboat gambling operations are conducted.
|
| |||||||
| |||||||
1 | (c) Appropriations, as approved by the General Assembly, | ||||||
2 | may be made
from the State Gaming Fund to the Department of | ||||||
3 | Revenue and the Department
of State Police for the | ||||||
4 | administration and enforcement of this Act and the Video Gaming | ||||||
5 | Act, or to the
Department of Human Services for the | ||||||
6 | administration of programs to treat
problem gambling.
| ||||||
7 | (c-5) Before May 26, 2006 (the effective date of Public Act | ||||||
8 | 94-804) and beginning on the effective date of this amendatory | ||||||
9 | Act of the 95th General Assembly, unless any organization | ||||||
10 | licensee under the Illinois Horse Racing Act of 1975 begins to | ||||||
11 | operate a slot machine or video game of chance under the | ||||||
12 | Illinois Horse Racing Act of 1975 or this Act, after the | ||||||
13 | payments required under subsections (b) and (c) have been
made, | ||||||
14 | an amount equal to 15% of the adjusted gross receipts of (1) an | ||||||
15 | owners
licensee that relocates pursuant to Section 11.2,
(2) an | ||||||
16 | owners licensee
conducting riverboat gambling operations
| ||||||
17 | pursuant to an
owners license that is initially issued after | ||||||
18 | June
25, 1999,
or (3) the first
riverboat gambling operations | ||||||
19 | conducted by a licensed manager on behalf of the
State under | ||||||
20 | Section 7.3,
whichever comes first, shall be paid from the | ||||||
21 | State
Gaming Fund into the Horse Racing Equity Fund.
| ||||||
22 | (c-10) Each year the General Assembly shall appropriate | ||||||
23 | from the General
Revenue Fund to the Education Assistance Fund | ||||||
24 | an amount equal to the amount
paid into the Horse Racing Equity | ||||||
25 | Fund pursuant to subsection (c-5) in the
prior calendar year.
| ||||||
26 | (c-15) After the payments required under subsections (b), |
| |||||||
| |||||||
1 | (c), and (c-5)
have been made, an amount equal to 2% of the | ||||||
2 | adjusted gross receipts of (1)
an owners licensee that | ||||||
3 | relocates pursuant to Section 11.2, (2) an owners
licensee | ||||||
4 | conducting riverboat gambling operations pursuant to
an
owners | ||||||
5 | license that is initially issued after June 25, 1999,
or (3) | ||||||
6 | the first
riverboat gambling operations conducted by a licensed | ||||||
7 | manager on behalf of the
State under Section 7.3,
whichever | ||||||
8 | comes first, shall be paid, subject to appropriation
from the | ||||||
9 | General Assembly, from the State Gaming Fund to each home rule
| ||||||
10 | county with a population of over 3,000,000 inhabitants for the | ||||||
11 | purpose of
enhancing the county's criminal justice system.
| ||||||
12 | (c-20) Each year the General Assembly shall appropriate | ||||||
13 | from the General
Revenue Fund to the Education Assistance Fund | ||||||
14 | an amount equal to the amount
paid to each home rule county | ||||||
15 | with a population of over 3,000,000 inhabitants
pursuant to | ||||||
16 | subsection (c-15) in the prior calendar year.
| ||||||
17 | (c-25) After the payments required under subsections (b), | ||||||
18 | (c), (c-5) and
(c-15) have been made, an amount equal to 2% of | ||||||
19 | the
adjusted gross receipts of (1) an owners licensee
that
| ||||||
20 | relocates pursuant to Section 11.2, (2) an
owners
licensee | ||||||
21 | conducting riverboat gambling operations pursuant to
an
owners | ||||||
22 | license
that is initially issued after June 25, 1999,
or (3) | ||||||
23 | the first
riverboat gambling operations conducted by a licensed | ||||||
24 | manager on behalf of the
State under Section 7.3,
whichever
| ||||||
25 | comes first,
shall be paid from the State
Gaming Fund to | ||||||
26 | Chicago State University.
|
| |||||||
| |||||||
1 | (d) From time to time, the
Board shall transfer the | ||||||
2 | remainder of the funds
generated by this Act into the Education
| ||||||
3 | Assistance Fund, created by Public Act 86-0018, of the State of | ||||||
4 | Illinois.
| ||||||
5 | (e) Nothing in this Act shall prohibit the unit of local | ||||||
6 | government
designated as the home dock of the riverboat from | ||||||
7 | entering into agreements
with other units of local government | ||||||
8 | in this State or in other states to
share its portion of the | ||||||
9 | tax revenue.
| ||||||
10 | (f) To the extent practicable, the Board shall administer | ||||||
11 | and collect the
wagering taxes imposed by this Section in a | ||||||
12 | manner consistent with the
provisions of Sections 4, 5, 5a, 5b, | ||||||
13 | 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of the | ||||||
14 | Retailers' Occupation Tax Act and Section 3-7 of the
Uniform | ||||||
15 | Penalty and Interest Act.
| ||||||
16 | (Source: P.A. 95-331, eff. 8-21-07; 95-1008, eff. 12-15-08; | ||||||
17 | 96-37, eff. 7-13-09.)
| ||||||
18 | Section 99. Effective date. This Act takes effect upon | ||||||
19 | becoming law.
|