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Public Act 101-0648
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SB0516 Enrolled | LRB101 04277 SMS 49285 b |
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AN ACT concerning gaming.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Illinois Gambling Act is amended by changing |
Sections 7, 7.7, and 13 as follows:
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(230 ILCS 10/7) (from Ch. 120, par. 2407)
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Sec. 7. Owners licenses.
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(a) The Board shall issue owners licenses to persons or |
entities that apply for such licenses upon payment to the Board |
of the
non-refundable license fee as provided in subsection (e) |
or (e-5) and upon a determination by the Board that the
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applicant is eligible for an owners license pursuant to this |
Act and the
rules of the Board. From the effective date of this |
amendatory Act of the 95th General Assembly until (i) 3 years |
after the effective date of this amendatory Act of the 95th |
General Assembly, (ii) the date any organization licensee |
begins to operate a slot machine or video game of chance under |
the Illinois Horse Racing Act of 1975 or this Act, (iii) the |
date that payments begin under subsection (c-5) of Section 13 |
of this the Act, (iv) the wagering tax imposed under Section 13 |
of this Act is increased by law to reflect a tax rate that is at |
least as stringent or more stringent than the tax rate |
contained in subsection (a-3) of Section 13, or (v) when an |
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owners licensee holding a license issued pursuant to Section |
7.1 of this Act begins conducting gaming, whichever occurs |
first, as a condition of licensure and as an alternative source |
of payment for those funds payable under subsection (c-5) of |
Section 13 of this Act, any owners licensee that holds or |
receives its owners license on or after the effective date of |
this amendatory Act of the 94th General Assembly, other than an |
owners licensee operating a riverboat with adjusted gross |
receipts in calendar year 2004 of less than $200,000,000, must |
pay into the Horse Racing Equity Trust Fund, in addition to any |
other payments required under this Act, an amount equal to 3% |
of the adjusted gross receipts received by the owners licensee. |
The payments required under this Section shall be made by the |
owners licensee to the State Treasurer no later than 3:00 |
o'clock p.m. of the day after the day when the adjusted gross |
receipts were received by the owners licensee. A person or |
entity is ineligible to receive
an owners 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 |
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) a person defined in (1), (2), (3) , or (4) is an |
officer, director , or
managerial employee of the entity;
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(6) the entity employs a person defined in (1), (2), |
(3) , or
(4) who participates in the management or operation |
of gambling operations
authorized under this Act;
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(7) (blank); or
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(8) a license of the person or entity issued under
this |
Act, or a license to own or operate gambling facilities
in |
any other jurisdiction, has been revoked.
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The Board is expressly prohibited from making changes to |
the requirement that licensees make payment into the Horse |
Racing Equity Trust Fund without the express authority of the |
Illinois General Assembly and making any other rule to |
implement or interpret this amendatory Act of the 95th General |
Assembly. For the purposes of this paragraph, "rules" is given |
the meaning given to that term in Section 1-70 of the Illinois |
Administrative Procedure Act. |
(b) In determining whether to grant an owners license to an |
applicant, the
Board shall consider:
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(1) the character, reputation, experience , and |
financial integrity of the
applicants and of any other or |
separate person that either:
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(A) controls, directly or indirectly, such |
applicant, or
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(B) is controlled, directly or indirectly, by such |
applicant or by a
person which controls, directly or |
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indirectly, such applicant;
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(2) the facilities or proposed facilities for the |
conduct of
gambling;
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(3) the highest prospective total revenue to be derived |
by the State
from the conduct of gambling;
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(4) the extent to which the ownership of the applicant |
reflects the
diversity of the State by including minority |
persons, women, and persons with a disability
and the good |
faith affirmative action plan of
each applicant to recruit, |
train and upgrade minority persons, women, and persons with |
a disability in all employment classifications; the Board |
shall further consider granting an owners license and |
giving preference to an applicant under this Section to |
applicants in which minority persons and women hold |
ownership interest of at least 16% and 4%, respectively.
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(4.5) the extent to which the ownership of the |
applicant includes veterans of service in the armed forces |
of the United States, and the good faith affirmative action |
plan of each applicant to recruit, train, and upgrade |
veterans of service in the armed forces of the United |
States in all employment classifications; |
(5) the financial ability of the applicant to purchase |
and maintain
adequate liability and casualty insurance;
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(6) whether the applicant has adequate capitalization |
to provide and
maintain, for the duration of a license, a |
riverboat or casino;
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(7) the extent to which the applicant exceeds or meets |
other standards
for the issuance of an owners license which |
the Board may adopt by rule;
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(8) the amount of the applicant's license bid;
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(9) the extent to which the applicant or the proposed |
host municipality plans to enter into revenue sharing |
agreements with communities other than the host |
municipality; and |
(10) the extent to which the ownership of an applicant |
includes the most qualified number of minority persons, |
women, and persons with a disability. |
(c) Each owners license shall specify the place where the |
casino shall
operate or the riverboat shall operate and dock.
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(d) Each applicant shall submit with his or her |
application, on forms
provided by the Board, 2 sets of his or |
her fingerprints.
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(e) In addition to any licenses authorized under subsection |
(e-5) of this Section, the Board may issue up to 10 licenses |
authorizing the holders of such
licenses to own riverboats. In |
the application for an owners license, the
applicant shall |
state the dock at which the riverboat is based and the water
on |
which the riverboat will be located. The Board shall issue 5 |
licenses to
become effective not earlier than January 1, 1991. |
Three of such licenses
shall authorize riverboat gambling on |
the Mississippi River, or, with approval
by the municipality in |
which the
riverboat was docked on August 7, 2003 and with Board |
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approval, be authorized to relocate to a new location,
in a
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municipality that (1) borders on the Mississippi River or is |
within 5
miles of the city limits of a municipality that |
borders on the Mississippi
River and (2) , on August 7, 2003, |
had a riverboat conducting riverboat gambling operations |
pursuant to
a license issued under this Act; one of which shall |
authorize riverboat
gambling from a home dock in the city of |
East St. Louis; and one of which shall authorize riverboat
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gambling from a home dock in the City of Alton. One other |
license
shall
authorize riverboat gambling on
the Illinois |
River in the City of East Peoria or, with Board approval, shall |
authorize land-based gambling operations anywhere within the |
corporate limits of the City of Peoria. The Board shall issue |
one
additional license to become effective not earlier than |
March 1, 1992, which
shall authorize riverboat gambling on the |
Des Plaines River in Will County.
The Board may issue 4 |
additional licenses to become effective not
earlier than
March |
1, 1992. In determining the water upon which riverboats will |
operate,
the Board shall consider the economic benefit which |
riverboat gambling confers
on the State, and shall seek to |
assure that all regions of the State share
in the economic |
benefits of riverboat gambling.
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In granting all licenses, the Board may give favorable |
consideration to
economically depressed areas of the State, to |
applicants presenting plans
which provide for significant |
economic development over a large geographic
area, and to |
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applicants who currently operate non-gambling riverboats in
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Illinois.
The Board shall review all applications for owners |
licenses,
and shall inform each applicant of the Board's |
decision.
The Board may grant an owners license to an
applicant |
that has not submitted the highest license bid, but if it does |
not
select the highest bidder, the Board shall issue a written |
decision explaining
why another
applicant was selected and |
identifying the factors set forth in this Section
that favored |
the winning bidder. The fee for issuance or renewal of a |
license pursuant to this subsection (e) shall be $250,000.
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(e-5) In addition to licenses authorized under subsection |
(e) of this Section: |
(1) the Board may issue one owners license authorizing |
the conduct of casino gambling in the City of Chicago; |
(2) the Board may issue one owners license authorizing |
the conduct of riverboat gambling in the City of Danville; |
(3) the Board may issue one owners license authorizing |
the conduct of riverboat gambling located in the City of |
Waukegan; |
(4) the Board may issue one owners license authorizing |
the conduct of riverboat gambling in the City of Rockford; |
(5) the Board may issue one owners license authorizing |
the conduct of riverboat gambling in a municipality that is |
wholly or partially located in one of the following |
townships of Cook County: Bloom, Bremen, Calumet, Rich, |
Thornton, or Worth Township; and |
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(6) the Board may issue one owners license authorizing |
the conduct of riverboat gambling in the unincorporated |
area of Williamson County adjacent to the Big Muddy River. |
Except for the license authorized under paragraph (1), each |
application for a license pursuant to this subsection (e-5) |
shall be submitted to the Board no later than 120 days after |
June 28, 2019 ( the effective date of Public Act 101-31) this |
amendatory Act of the 101st General Assembly . All applications |
for a license under this subsection (e-5) shall include the |
nonrefundable application fee and the nonrefundable background |
investigation fee as provided in subsection (d) of Section 6 of |
this Act. In the event that an applicant submits an application |
for a license pursuant to this subsection (e-5) prior to June |
28, 2019 ( the effective date of Public Act 101-31) this |
amendatory Act of the 101st General Assembly , such applicant |
shall submit the nonrefundable application fee and background |
investigation fee as provided in subsection (d) of Section 6 of |
this Act no later than 6 months after June 28, 2019 ( the |
effective date of Public Act 101-31) this amendatory Act of the |
101st General Assembly . |
The Board shall consider issuing a license pursuant to |
paragraphs (1) through (6) of this subsection only after the |
corporate authority of the municipality or the county board of |
the county in which the riverboat or casino shall be located |
has certified to the Board the following: |
(i) that the applicant has negotiated with the |
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corporate authority or county board in good faith; |
(ii) that the applicant and the corporate authority or |
county board have mutually agreed on the permanent location |
of the riverboat or casino; |
(iii) that the applicant and the corporate authority or |
county board have mutually agreed on the temporary location |
of the riverboat or casino; |
(iv) that the applicant and the corporate authority or |
the county board have mutually agreed on the percentage of |
revenues that will be shared with the municipality or |
county, if any; |
(v) that the applicant and the corporate authority or |
county board have mutually agreed on any zoning, licensing, |
public health, or other issues that are within the |
jurisdiction of the municipality or county; and |
(vi) that the corporate authority or county board has |
passed a resolution or ordinance in support of the |
riverboat or casino in the municipality or county ; . |
(vii) the applicant for a license under paragraph (1) |
has made a public presentation concerning its casino |
proposal; and |
(viii) the applicant for a license under paragraph (1) |
has prepared a summary of its casino proposal and such |
summary has been posted on a public website of the |
municipality or the county. |
At least 7 days before the corporate authority of a |
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municipality or county board of the county submits a |
certification to the Board concerning items (i) through (viii) |
(vi) of this subsection, it shall hold a public hearing to |
discuss items (i) through (viii) (vi) , as well as any other |
details concerning the proposed riverboat or casino in the |
municipality or county. The corporate authority or county board |
must subsequently memorialize the details concerning the |
proposed riverboat or casino in a resolution that must be |
adopted by a majority of the corporate authority or county |
board before any certification is sent to the Board. The Board |
shall not alter, amend, change, or otherwise interfere with any |
agreement between the applicant and the corporate authority of |
the municipality or county board of the county regarding the |
location of any temporary or permanent facility. |
In addition, within 10 days after June 28, 2019 ( the |
effective date of Public Act 101-31) this amendatory Act of the |
101st General Assembly , the Board, with consent and at the |
expense of the City of Chicago, shall select and retain the |
services of a nationally recognized casino gaming feasibility |
consultant. Within 45 days after June 28, 2019 ( the effective |
date of Public Act 101-31) this amendatory Act of the 101st |
General Assembly , the consultant shall prepare and deliver to |
the Board a study concerning the feasibility of, and the |
ability to finance, a casino in the City of Chicago. The |
feasibility study shall be delivered to the Mayor of the City |
of Chicago, the Governor, the President of the Senate, and the |
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Speaker of the House of Representatives. Ninety days after |
receipt of the feasibility study, the Board shall make a |
determination, based on the results of the feasibility study, |
whether to recommend to the General Assembly that the terms of |
the license under paragraph (1) of this subsection (e-5) should |
be modified. The Board may begin accepting applications for the |
owners license under paragraph (1) of this subsection (e-5) |
upon the determination to issue such an owners license. |
In addition, prior to the Board issuing the owners license |
authorized under paragraph (4) of subsection (e-5), an impact |
study shall be completed to determine what location in the city |
will provide the greater impact to the region, including the |
creation of jobs and the generation of tax revenue. |
(e-10) The licenses authorized under subsection (e-5) of |
this Section shall be issued within 12 months after the date |
the license application is submitted. If the Board does not |
issue the licenses within that time period, then the Board |
shall give a written explanation to the applicant as to why it |
has not reached a determination and when it reasonably expects |
to make a determination. The fee for the issuance or renewal of |
a license issued pursuant to this subsection (e-10) shall be |
$250,000. Additionally, a licensee located outside of Cook |
County shall pay a minimum initial fee of $17,500 per gaming |
position, and a licensee located in Cook County shall pay a |
minimum initial fee of $30,000 per gaming position. The initial |
fees payable under this subsection (e-10) shall be deposited |
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into the Rebuild Illinois Projects Fund. If at any point after |
June 1, 2020 there are no pending applications for a license |
under subsection (e-5) and not all licenses authorized under |
subsection (e-5) have been issued, then the Board shall reopen |
the license application process for those licenses authorized |
under subsection (e-5) that have not been issued. The Board |
shall follow the licensing process provided in subsection (e-5) |
with all time frames tied to the last date of a final order |
issued by the Board under subsection (e-5) rather than the |
effective date of the amendatory Act. |
(e-15) Each licensee of a license authorized under |
subsection (e-5) of this Section shall make a reconciliation |
payment 3 years after the date the licensee begins operating in |
an amount equal to 75% of the adjusted gross receipts for the |
most lucrative 12-month period of operations, minus an amount |
equal to the initial payment per gaming position paid by the |
specific licensee. Each licensee shall pay a $15,000,000 |
reconciliation fee upon issuance of an owners license. If this |
calculation results in a negative amount, then the licensee is |
not entitled to any
reimbursement of fees previously paid. This |
reconciliation payment may be made in installments over a |
period of no more than 6 2 years , subject to Board approval . |
Any installment payments shall include an annual market |
interest rate as determined by the Board. |
All payments by licensees under this subsection (e-15) |
shall be deposited into the Rebuild Illinois Projects Fund. |
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(e-20) In addition to any other revocation powers granted |
to the Board under this
Act,
the Board may revoke the owners |
license of a licensee which fails
to begin conducting gambling |
within 15 months
of receipt of the
Board's approval of the |
application if the Board determines that license
revocation is |
in the best interests of the State.
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(f) The first 10 owners licenses issued under this Act |
shall permit the
holder to own up to 2 riverboats and equipment |
thereon
for a period of 3 years after the effective date of the |
license. Holders of
the first 10 owners licenses must pay the |
annual license fee for each of
the 3
years during which they |
are authorized to own riverboats.
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(g) Upon the termination, expiration, or revocation of each |
of the first
10 licenses, which shall be issued for a 3-year 3 |
year period, all licenses are
renewable annually upon payment |
of the fee and a determination by the Board
that the licensee |
continues to meet all of the requirements of this Act and the
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Board's rules.
However, for licenses renewed on or after May 1, |
1998, renewal shall be
for a period of 4 years, unless the |
Board sets a shorter period.
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(h) An owners license, except for an owners license issued |
under subsection (e-5) of this Section, shall entitle the |
licensee to own up to 2
riverboats. |
An owners licensee of a casino or riverboat that is located |
in the City of Chicago pursuant to paragraph (1) of subsection |
(e-5) of this Section shall limit the number of gaming |
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positions to 4,000 for such owner. An owners licensee |
authorized under subsection (e) or paragraph (2), (3), (4), or |
(5) of subsection (e-5) of this Section shall limit the number |
of gaming positions to 2,000 for any such owners license. An |
owners licensee authorized under paragraph (6) of subsection |
(e-5) of this Section shall limit the number of gaming |
positions to
1,200 for such owner. The initial fee for each |
gaming position obtained on or after June 28, 2019 ( the |
effective date of Public Act 101-31) this amendatory Act of the |
101st General Assembly shall be a minimum of $17,500 for |
licensees not located in Cook County and a minimum of $30,000 |
for licensees located in Cook County, in addition to the |
reconciliation payment, as set forth in subsection (e-15) of |
this Section. The fees under this subsection (h) shall be |
deposited into the Rebuild Illinois Projects Fund. The fees |
under this subsection (h) that are paid by an owners licensee |
authorized under subsection (e) shall be paid by July 1, 2021 |
2020 . |
Each owners licensee under subsection (e) of this Section |
shall reserve its gaming positions within 30 days after June |
28, 2019 ( the effective date of Public Act 101-31) this |
amendatory Act of the 101st General Assembly . The Board may |
grant an extension to this 30-day period, provided that the |
owners licensee submits a written request and explanation as to |
why it is unable to reserve its positions within the 30-day |
period. |
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Each owners licensee under subsection (e-5) of this Section |
shall reserve its gaming positions within 30 days after |
issuance of its owners license. The Board may grant an |
extension to this 30-day period, provided that the owners |
licensee submits a written request and explanation as to why it |
is unable to reserve its positions within the 30-day period. |
A licensee may operate both of its riverboats concurrently, |
provided that the
total number of gaming positions on both |
riverboats does not exceed the limit established pursuant to |
this subsection. Riverboats licensed to operate on the
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Mississippi River and the Illinois River south of Marshall |
County shall
have an authorized capacity of at least 500 |
persons. Any other riverboat
licensed under this Act shall have |
an authorized capacity of at least 400
persons.
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(h-5) An owners licensee who conducted gambling operations |
prior to January 1, 2012 and obtains positions pursuant to |
Public Act 101-31 this amendatory Act of the 101st General |
Assembly shall make a reconciliation payment 3 years after any |
additional gaming positions begin operating in an amount equal |
to 75% of the owners licensee's average gross receipts for the |
most lucrative 12-month period of operations minus an amount |
equal to the initial fee that the owners licensee paid per |
additional gaming position. For purposes of this subsection |
(h-5), "average gross receipts" means (i) the increase in |
adjusted gross receipts for the most lucrative 12-month period |
of operations over the adjusted gross receipts for 2019, |
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multiplied by (ii) the percentage derived by dividing the |
number of additional gaming positions that an owners licensee |
had obtained by the total number of gaming positions operated |
by the owners licensee. If this calculation results in a |
negative amount, then the owners licensee is not entitled to |
any reimbursement of fees previously paid. This reconciliation |
payment may be made in installments over a period of no more |
than 6 2 years , subject to Board approval . Any installment |
payments shall include an annual market interest rate as |
determined by the Board. These reconciliation payments shall be |
deposited into the Rebuild Illinois Projects Fund. |
(i) A licensed owner is authorized to apply to the Board |
for and, if
approved therefor, to receive all licenses from the |
Board necessary for the
operation of a riverboat or casino, |
including a liquor license, a license
to prepare and serve food |
for human consumption, and other necessary
licenses. All use, |
occupation , and excise taxes which apply to the sale of
food |
and beverages in this State and all taxes imposed on the sale |
or use
of tangible personal property apply to such sales aboard |
the riverboat or in the casino.
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(j) The Board may issue or re-issue a license authorizing a |
riverboat to
dock
in a municipality or approve a relocation |
under Section 11.2 only if, prior
to the issuance or |
re-issuance of
the license or approval, the governing body of |
the municipality in which
the riverboat will dock has by a |
majority vote approved the docking of
riverboats in the |
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municipality. The Board may issue or re-issue a license
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authorizing a
riverboat to dock in areas of a county outside |
any municipality or approve a
relocation under Section 11.2 |
only if, prior to the issuance or re-issuance
of the license
or |
approval, the
governing body of the county has by a majority |
vote approved of the docking of
riverboats within such areas.
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(k) An owners licensee may conduct land-based gambling |
operations upon approval by the Board and payment of a fee of |
$250,000, which shall be deposited into the State Gaming Fund. |
(l) An owners licensee may conduct gaming at a temporary |
facility pending the construction of a permanent facility or |
the remodeling or relocation of an existing facility to |
accommodate gaming participants for up to 24 months after the |
temporary facility begins to conduct gaming. Upon request by an |
owners licensee and upon a showing of good cause by the owners |
licensee, the Board shall extend the period during which the |
licensee may conduct gaming at a temporary facility by up to 12 |
months. The Board shall make rules concerning the conduct of |
gaming from temporary facilities. |
(Source: P.A. 100-391, eff. 8-25-17; 100-1152, eff. 12-14-18; |
101-31, eff. 6-28-19; revised 9-20-19.)
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(230 ILCS 10/7.7) |
Sec. 7.7. Organization gaming licenses. |
(a) The Illinois Gaming Board shall award one organization |
gaming license to each person or entity having operating |
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control of a racetrack that applies under Section 56 of the |
Illinois Horse Racing Act of 1975, subject to the application |
and eligibility requirements of this Section. Within 60 days |
after the effective date of this amendatory Act of the 101st |
General Assembly, a person or entity having operating control |
of a racetrack may submit an application for an organization |
gaming license. The application shall be made on such forms as |
provided by the Board and shall contain such information as the |
Board prescribes, including, but not limited to, the identity |
of any racetrack at which gaming will be conducted pursuant to |
an organization gaming license, detailed information regarding |
the ownership and management of the applicant, and detailed |
personal information regarding the applicant. The application |
shall specify the number of gaming positions the applicant |
intends to use and the place where the organization gaming |
facility will operate. A person who knowingly makes a false |
statement on an application is guilty of a Class A misdemeanor. |
Each applicant shall disclose the identity of every person |
or entity having a direct or indirect pecuniary interest |
greater than 1% in any racetrack with respect to which the |
license is sought. If the disclosed entity is a corporation, |
the applicant shall disclose the names and addresses of all |
officers, stockholders, and directors. If the disclosed entity |
is a limited liability company, the applicant shall disclose |
the names and addresses of all members and managers. If the |
disclosed entity is a partnership, the applicant shall disclose |
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the names and addresses of all partners, both general and |
limited. If the disclosed entity is a trust, the applicant |
shall disclose the names and addresses of all beneficiaries. |
An application shall be filed and considered in accordance |
with the rules of the Board. Each application for an |
organization gaming license shall include a nonrefundable |
application fee of $250,000. In addition, a nonrefundable fee |
of $50,000 shall be paid at the time of filing to defray the |
costs associated with background investigations conducted by |
the Board. If the costs of the background investigation exceed |
$50,000, the applicant shall pay the additional amount to the |
Board within 7 days after a request by the Board. If the costs |
of the investigation are less than $50,000, the applicant shall |
receive a refund of the remaining amount. All information, |
records, interviews, reports, statements, memoranda, or other |
data supplied to or used by the Board in the course of this |
review or investigation of an applicant for an organization |
gaming license under this Act shall be privileged and strictly |
confidential and shall be used only for the purpose of |
evaluating an applicant for an organization gaming license or a |
renewal. Such information, records, interviews, reports, |
statements, memoranda, or other data shall not be admissible as |
evidence nor discoverable in any action of any kind in any |
court or before any tribunal, board, agency or person, except |
for any action deemed necessary by the Board. The application |
fee shall be deposited into the State Gaming Fund. |
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Any applicant or key person, including the applicant's |
owners, officers, directors (if a corporation), managers and |
members (if a limited liability company), and partners (if a |
partnership), for an organization gaming license shall have his |
or her fingerprints submitted to the Department of State Police |
in an electronic format that complies with the form and manner |
for requesting and furnishing criminal history record |
information as prescribed by the Department of State Police. |
These fingerprints shall be checked against the Department of |
State Police and Federal Bureau of Investigation criminal |
history record databases now and hereafter filed, including, |
but not limited to, civil, criminal, and latent fingerprint |
databases. The Department of State Police shall charge |
applicants a fee for conducting the criminal history records |
check, which shall be deposited into the State Police Services |
Fund and shall not exceed the actual cost of the records check. |
The Department of State Police shall furnish, pursuant to |
positive identification, records of Illinois criminal history |
to the Department. |
(b) The Board shall determine within 120 days after |
receiving an application for an organization gaming license |
whether to grant an organization gaming license to the |
applicant. If the Board does not make a determination within |
that time period, then the Board shall give a written |
explanation to the applicant as to why it has not reached a |
determination and when it reasonably expects to make a |
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determination. |
The organization gaming licensee shall purchase up to the |
amount of gaming positions authorized under this Act within 120 |
days after receiving its organization gaming license. If an |
organization gaming licensee is prepared to purchase the gaming |
positions, but is temporarily prohibited from doing so by order |
of a court of competent jurisdiction or the Board, then the |
120-day period is tolled until a resolution is reached. |
An organization gaming license shall authorize its holder |
to conduct gaming under this Act at its racetracks on the same |
days of the year and hours of the day that owners licenses are |
allowed to operate under approval of the Board. |
An organization gaming license and any renewal of an |
organization gaming license shall authorize gaming pursuant to |
this Section for a period of 4 years. The fee for the issuance |
or renewal of an organization gaming license shall be $250,000. |
All payments by licensees under this subsection (b) shall |
be deposited into the Rebuild Illinois Projects Fund. |
(c) To be eligible to conduct gaming under this Section, a |
person or entity having operating control of a racetrack must |
(i) obtain an organization gaming license, (ii) hold an |
organization license under the Illinois Horse Racing Act of |
1975, (iii) hold an inter-track wagering license, (iv) pay an |
initial fee of $30,000 per gaming position from organization |
gaming licensees where gaming is conducted in Cook County and, |
except as provided in subsection (c-5), $17,500 for |
|
organization gaming licensees where gaming is conducted |
outside of Cook County before beginning to conduct gaming plus |
make the reconciliation payment required under subsection (k), |
(v) conduct live racing in accordance with subsections (e-1), |
(e-2), and (e-3) of Section 20 of the Illinois Horse Racing Act |
of 1975, (vi) meet the requirements of subsection (a) of |
Section 56 of the Illinois Horse Racing Act of 1975, (vii) for |
organization licensees conducting standardbred race meetings, |
keep backstretch barns and dormitories open and operational |
year-round unless a lesser schedule is mutually agreed to by |
the organization licensee and the horsemen association racing |
at that organization licensee's race meeting, (viii) for |
organization licensees conducting thoroughbred race meetings, |
the organization licensee must maintain accident medical |
expense liability insurance coverage of $1,000,000 for |
jockeys, and (ix) meet all other requirements of this Act that |
apply to owners licensees. |
An organization gaming licensee may enter into a joint |
venture with a licensed owner to own, manage, conduct, or |
otherwise operate the organization gaming licensee's |
organization gaming facilities, unless the organization gaming |
licensee has a parent company or other affiliated company that |
is, directly or indirectly, wholly owned by a parent company |
that is also licensed to conduct organization gaming, casino |
gaming, or their equivalent in another state. |
All payments by licensees under this subsection (c) shall |
|
be deposited into the Rebuild Illinois Projects Fund. |
(c-5) A person or entity having operating control of a |
racetrack located in Madison County shall only pay the initial |
fees specified in subsection (c) for 540 of the gaming |
positions authorized under the license. |
(d) A person or entity is ineligible to receive an |
organization gaming license if: |
(1) the person or entity has been convicted of a felony |
under the laws of this State, any other state, or the |
United States, including a conviction under the Racketeer |
Influenced and Corrupt Organizations Act; |
(2) the person or entity has been convicted of any |
violation of Article 28 of the Criminal Code of 2012, or |
substantially similar laws of any other jurisdiction; |
(3) the person or entity has submitted an application |
for a license under this Act that contains false |
information; |
(4) the person is a member of the Board; |
(5) a person defined in (1), (2), (3), or (4) of this |
subsection (d) is an officer, director, or managerial |
employee of the entity; |
(6) the person or entity employs a person defined in |
(1), (2), (3), or (4) of this subsection (d) who |
participates in the management or operation of gambling |
operations authorized under this Act; or |
(7) a license of the person or entity issued under this |
|
Act or a license to own or operate gambling facilities in |
any other jurisdiction has been revoked. |
(e) The Board may approve gaming positions pursuant to an |
organization gaming license statewide as provided in this |
Section. The authority to operate gaming positions under this |
Section shall be allocated as follows: up to 1,200 gaming |
positions for any organization gaming licensee in Cook County |
and up to 900 gaming positions for any organization gaming |
licensee outside of Cook County. |
(f) Each applicant for an organization gaming license shall |
specify in its application for licensure the number of gaming |
positions it will operate, up to the applicable limitation set |
forth in subsection (e) of this Section. Any unreserved gaming |
positions that are not specified shall be forfeited and |
retained by the Board. For the purposes of this subsection (f), |
an organization gaming licensee that did not conduct live |
racing in 2010 and is located within 3 miles of the Mississippi |
River may reserve up to 900 positions and shall not be |
penalized under this Section for not operating those positions |
until it meets the requirements of subsection (e) of this |
Section, but such licensee shall not request unreserved gaming |
positions under this subsection (f) until its 900 positions are |
all operational. |
Thereafter, the Board shall publish the number of |
unreserved gaming positions and shall accept requests for |
additional positions from any organization gaming licensee |
|
that initially reserved all of the positions that were offered. |
The Board shall allocate expeditiously the unreserved gaming |
positions to requesting organization gaming licensees in a |
manner that maximizes revenue to the State. The Board may |
allocate any such unused gaming positions pursuant to an open |
and competitive bidding process, as provided under Section 7.5 |
of this Act. This process shall continue until all unreserved |
gaming positions have been purchased. All positions obtained |
pursuant to this process and all positions the organization |
gaming licensee specified it would operate in its application |
must be in operation within 18 months after they were obtained |
or the organization gaming licensee forfeits the right to |
operate those positions, but is not entitled to a refund of any |
fees paid. The Board may, after holding a public hearing, grant |
extensions so long as the organization gaming licensee is |
working in good faith to make the positions operational. The |
extension may be for a period of 6 months. If, after the period |
of the extension, the organization gaming licensee has not made |
the positions operational, then another public hearing must be |
held by the Board before it may grant another extension. |
Unreserved gaming positions retained from and allocated to |
organization gaming licensees by the Board pursuant to this |
subsection (f) shall not be allocated to owners licensees under |
this Act. |
For the purpose of this subsection (f), the unreserved |
gaming positions for each organization gaming licensee shall be |
|
the applicable limitation set forth in subsection (e) of this |
Section, less the number of reserved gaming positions by such |
organization gaming licensee, and the total unreserved gaming |
positions shall be the aggregate of the unreserved gaming |
positions for all organization gaming licensees. |
(g) An organization gaming licensee is authorized to |
conduct the following at a racetrack: |
(1) slot machine gambling; |
(2) video game of chance gambling; |
(3) gambling with electronic gambling games as defined |
in this Act or defined by the Illinois Gaming Board; and |
(4) table games. |
(h) Subject to the approval of the Illinois Gaming Board, |
an organization gaming licensee may make modification or |
additions to any existing buildings and structures to comply |
with the requirements of this Act. The Illinois Gaming Board |
shall make its decision after consulting with the Illinois |
Racing Board. In no case, however, shall the Illinois Gaming |
Board approve any modification or addition that alters the |
grounds of the organization licensee such that the act of live |
racing is an ancillary activity to gaming authorized under this |
Section.
Gaming authorized under this Section may take place in |
existing structures where inter-track wagering is conducted at |
the racetrack or a facility within 300 yards of the racetrack |
in accordance with the provisions of this Act and the Illinois |
Horse Racing Act of 1975. |
|
(i) An organization gaming licensee may conduct gaming at a |
temporary facility pending the construction of a permanent |
facility or the remodeling or relocation of an existing |
facility to accommodate gaming participants for up to 24 months |
after the temporary facility begins to conduct gaming |
authorized under this Section. Upon request by an organization |
gaming licensee and upon a showing of good cause by the |
organization gaming licensee, the Board shall extend the period |
during which the licensee may conduct gaming authorized under |
this Section at a temporary facility by up to 12 months. The |
Board shall make rules concerning the conduct of gaming |
authorized under this Section from temporary facilities. |
The gaming authorized under this Section may take place in |
existing structures where inter-track wagering is conducted at |
the racetrack or a facility within 300 yards of the racetrack |
in accordance with the provisions of this Act and the Illinois |
Horse Racing Act of 1975. |
(i-5) Under no circumstances shall an organization gaming |
licensee conduct gaming at any State or county fair. |
(j) The Illinois Gaming Board must adopt emergency rules in |
accordance with Section 5-45 of the Illinois Administrative |
Procedure Act as necessary to ensure compliance with the |
provisions of this amendatory Act of the 101st General Assembly
|
concerning the conduct of gaming by an organization gaming |
licensee. The adoption of emergency rules authorized by this |
subsection (j) shall be deemed to be necessary for the public |
|
interest, safety, and welfare. |
(k) Each organization gaming licensee who obtains gaming |
positions must make a reconciliation payment 3 years after the |
date the organization gaming licensee begins operating the |
positions in an amount equal to 75% of the difference between |
its adjusted gross receipts from gaming authorized under this |
Section and amounts paid to its purse accounts pursuant to item |
(1) of subsection (b) of Section 56 of the Illinois Horse |
Racing Act of 1975 for the 12-month period for which such |
difference was the largest, minus an amount equal to the |
initial per position fee paid by the organization gaming |
licensee. If this calculation results in a negative amount, |
then the organization gaming licensee is not entitled to any |
reimbursement of fees previously paid. This reconciliation |
payment may be made in installments over a period of no more |
than 6 2 years , subject to Board approval . Any installment |
payments shall include an annual market interest rate as |
determined by the Board. |
All payments by licensees under this subsection (k) shall |
be deposited into the Rebuild Illinois Projects Fund. |
(l) As soon as practical after a request is made by the |
Illinois Gaming Board, to minimize duplicate submissions by the |
applicant, the Illinois Racing Board must provide information |
on an applicant for an organization gaming license to the |
Illinois Gaming Board.
|
(Source: P.A. 101-31, eff. 6-28-19; 101-597, eff. 12-6-19.)
|
|
(230 ILCS 10/13) (from Ch. 120, par. 2413)
|
Sec. 13. Wagering tax; rate; distribution.
|
(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%.
|
(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 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 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 , 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; |
(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. |
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-5.5) In addition to the privilege tax imposed under |
subsection (a-5), a privilege tax is imposed on the owners |
licensee under paragraph (1) of subsection (e-5) of Section 7 |
at the rate of one-third of the owners licensee's adjusted |
gross receipts. |
For the imposition of the privilege tax in this subsection |
(a-5.5), 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. |
(a-6) From June 28, 2019 ( the effective date of Public Act |
101-31) this amendatory Act of the 101st General Assembly 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) this amendatory Act of the 101st General |
Assembly 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) this |
amendatory Act of the 101st General Assembly until June 28, |
2024 ( the 5th anniversary of the effective date of Public Act |
101-31) this amendatory Act of the 101st General Assembly , 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); this amendatory Act of the 101st |
General Assembly, |
provided the initial adjustment year shall not commence earlier |
than June 28, 2020 ( 12 months after the effective date of |
Public Act 101-31) this amendatory Act of the 101st General |
Assembly . |
"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 the effective |
date of 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) this amendatory Act of the 101st General |
Assembly , 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) this amendatory Act of the 101st General |
Assembly , 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 the tax revenue from the privilege tax |
imposed by paragraph (2) of subsection (a-5) that is to be
paid |
to the City of Chicago (a-5.5) 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 Department of 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% 2% 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, the
Board shall transfer the |
remainder of the funds
generated by this Act into the Education
|
Assistance Fund, created by Public Act 86-0018, of the State of |
Illinois.
|
(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; revised |
|
8-23-19.)
|
Section 7. The Sports Wagering Act is amended by changing |
Sections 25-30 and 25-35 as follows:
|
(230 ILCS 45/25-30)
|
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 Act shall pay |
the initial master sports wagering license fee by July 1, 2021 |
2020 . 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 organization licensee on |
the effective date of this Act. |
(f) Until issuance of the first license under Section |
25-45, 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.
|
(Source: P.A. 101-31, eff. 6-28-19.)
|
(230 ILCS 45/25-35)
|
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 |
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 2020 . 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. |
(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, 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.
|
(Source: P.A. 101-31, eff. 6-28-19.)
|
Section 10. The State Fair Gaming Act is amended by |
changing Sections 30-5, 30-10, and 30-15 as follows:
|
(230 ILCS 50/30-5)
|
Sec. 30-5. Definitions. As used in this Act: |
"Board" means the Illinois Gaming Board. |
"Department" means the Department of Agriculture. |
"State Fair" has the meaning given to that term in the |
State Fair Act.
|
|
(Source: P.A. 101-31, eff. 6-28-19.)
|
(230 ILCS 50/30-10)
|
Sec. 30-10. Gaming Gambling at the State Fair. |
(a) The Board shall issue a licensed establishment license |
as provided under Section 25 of the Video Gaming Act to the |
Department to operate video gaming a concessioner who will |
operate at the Illinois State Fairgrounds and at the DuQuoin |
State Fairgrounds. The Department shall select, concessioner |
shall be chosen under the Illinois Procurement Code , |
Board-licensed terminal operators for an operational period |
not to exceed 3 years. At the conclusion of each 3-year cycle, |
the Illinois Procurement Code shall be used to determine the |
new terminal operators concessioner . |
(b) Moneys bid by the terminal operators concessioner shall |
be deposited into the State Fairgrounds Capital Improvements |
and Harness Racing Fund.
|
(Source: P.A. 101-31, eff. 6-28-19.)
|
(230 ILCS 50/30-15)
|
Sec. 30-15. Video gaming at the State Fair. |
(a) The Department concessioner issued a licensed |
establishment license under Section 30-10 may operate: (1) up |
to 50 video gaming terminals as provided in the Video Gaming |
Act during the scheduled dates of the Illinois State Fair; and |
(2) up to 30 video gaming terminals as provided in the Video |