Full Text of SB2235 93rd General Assembly
SB2235sam001 93RD GENERAL ASSEMBLY
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Sen. Peter J. Roskam
Filed: 2/26/2004
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LRB093 15868 LRD 47798 a |
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| AMENDMENT TO SENATE BILL 2235
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| AMENDMENT NO. ______. Amend Senate Bill 2235 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Horse Racing Act of 1975 is | 5 |
| amended by adding Section 19.1 as follows: | 6 |
| (230 ILCS 5/19.1 new) | 7 |
| Sec. 19.1. Restriction on State ownership and conduct of | 8 |
| horse racing. | 9 |
| (a) The State of Illinois is forbidden from doing any of | 10 |
| the following: | 11 |
| (1) Obtaining an organization license; | 12 |
| (2) Owning all or any portion of an entity that | 13 |
| conducts horse racing or pari-mutuel wagering under this | 14 |
| Act; and | 15 |
| (3) Conducting horse racing or pari-mutuel wagering. | 16 |
| (b) For the purpose of this Section, the term "State of | 17 |
| Illinois" includes any agency or department of the State of | 18 |
| Illinois, including, but not limited to, the Illinois Racing | 19 |
| Board. | 20 |
| Section 10. The Riverboat Gambling Act is amended by | 21 |
| changing Sections 4, 7.5, 10, 11, 11.1, 12, 13, 15, and 23 and | 22 |
| by adding Section 7.6 as follows:
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| (230 ILCS 10/4) (from Ch. 120, par. 2404)
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| Sec. 4. Definitions. As used in this Act:
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| (a) "Board" means the Illinois Gaming Board.
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| (b) "Occupational license" means a license issued by the | 5 |
| Board to a
person or entity to perform an occupation which the | 6 |
| Board has identified as
requiring a license to engage in | 7 |
| riverboat gambling in Illinois.
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| (c) "Gambling game" includes, but is not limited to, | 9 |
| baccarat,
twenty-one, poker, craps, slot machine, video game of | 10 |
| chance, roulette
wheel, klondike table, punchboard, faro | 11 |
| layout, keno layout, numbers
ticket, push card, jar ticket, or | 12 |
| pull tab which is authorized by the Board
as a wagering device | 13 |
| under this Act.
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| (d) "Riverboat" means a self-propelled excursion boat, a
| 15 |
| permanently moored barge, or permanently moored barges that are | 16 |
| permanently
fixed together to operate as one vessel, on which | 17 |
| lawful gambling is
authorized and licensed as
provided in this | 18 |
| Act.
| 19 |
| (e) (Blank).
"Managers license" means a license issued by | 20 |
| the Board to a person or
entity
to manage gambling operations | 21 |
| conducted by the State pursuant to Section 7.3
7.2.
| 22 |
| (f) "Dock" means the location where a riverboat moors for | 23 |
| the purpose of
embarking passengers for and disembarking | 24 |
| passengers from the riverboat.
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| (g) "Gross receipts" means the total amount of money | 26 |
| exchanged for the
purchase of chips, tokens or electronic cards | 27 |
| by riverboat patrons.
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| (h) "Adjusted gross receipts" means the gross receipts less
| 29 |
| winnings paid to wagerers.
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| (i) "Cheat" means to alter the selection of criteria which | 31 |
| determine the
result of a gambling game or the amount or | 32 |
| frequency of payment in a gambling
game.
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| (j) "Department" means the Department of Revenue.
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| (k) "Gambling operation" means the conduct of authorized |
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| gambling games
upon a riverboat.
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| (l) "License bid" means the lump sum amount of money that | 3 |
| an applicant
bids and agrees to pay the State in return for an | 4 |
| owners license that is
re-issued on or after July 1, 2003.
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| (m) The terms "minority person" and "female" shall have the | 6 |
| same meaning
as
defined in
Section 2 of the Business Enterprise | 7 |
| for Minorities, Females, and Persons with
Disabilities Act.
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| (Source: P.A. 92-600, eff. 6-28-02; 93-28, eff. 6-20-03; | 9 |
| revisory 1-28-04.)
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| (230 ILCS 10/7.5)
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| Sec. 7.5. Competitive Bidding. When the Board determines | 12 |
| that it will re-issue an owners license pursuant to
an
open and | 13 |
| competitive bidding process, as set forth in Section 7.1, or | 14 |
| that it
will issue a managers license pursuant to an open and | 15 |
| competitive bidding
process, as set forth in Section 7.4, the | 16 |
| open and competitive bidding process
shall adhere to the | 17 |
| following procedures:
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| (1) The Board shall make applications for owners and | 19 |
| managers
licenses available to the public and allow a | 20 |
| reasonable time for applicants to
submit applications to the | 21 |
| Board.
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| (2) During the filing period for owners or managers license | 23 |
| applications,
the
Board may retain the services of an | 24 |
| investment banking firm to assist the Board
in conducting the | 25 |
| open and competitive bidding process.
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| (3) After receiving all of the bid proposals, the Board | 27 |
| shall open all of
the
proposals in a public forum and disclose | 28 |
| the prospective owners or managers
names, venture partners, if | 29 |
| any, and , in the case of applicants for owners
licenses, the | 30 |
| locations of the proposed development sites.
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| (4) The Board shall summarize the terms of the proposals | 32 |
| and may make this
summary available to the public.
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| (5) The Board shall evaluate the proposals within a |
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| reasonable time and
select no
more than 3 final applicants to | 2 |
| make presentations of their
proposals to the Board.
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| (6) The final applicants shall make their presentations to | 4 |
| the
Board on
the same day during an open session of the Board.
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| (7) As soon as practicable after the public presentations | 6 |
| by the final
applicants,
the Board, in its
discretion, may | 7 |
| conduct further negotiations among the 3 final applicants.
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| During such negotiations, each final applicant may increase its | 9 |
| license bid or
otherwise enhance its bid proposal. At the | 10 |
| conclusion of such
negotiations, the Board shall
select the | 11 |
| winning proposal. In the case of negotiations for
an owners | 12 |
| license, the Board may, at the conclusion of such negotiations,
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| make the determination allowed under Section 7.3(a).
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| (8) Upon selection of a winning bid, the Board shall | 15 |
| evaluate the winning
bid
within a reasonable period of time for | 16 |
| licensee suitability in accordance with
all applicable | 17 |
| statutory and regulatory criteria.
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| (9) If the winning bidder is unable or otherwise fails to
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| consummate the transaction, (including if the Board determines | 20 |
| that the winning
bidder does not satisfy the suitability | 21 |
| requirements), the Board may, on the
same criteria, select from | 22 |
| the remaining bidders or make the determination
allowed under | 23 |
| Section 7.3(a) .
| 24 |
| (Source: P.A. 93-28, eff. 6-20-03.)
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| (230 ILCS 10/7.6 new) | 26 |
| Sec. 7.6. Restriction on State ownership and conduct of | 27 |
| riverboat gambling operations. | 28 |
| (a) The State of Illinois is forbidden from doing any of | 29 |
| the following: | 30 |
| (1) Obtaining an owners license; | 31 |
| (2) Owning all or any portion of an entity that | 32 |
| conducts riverboat gambling operations under this Act; and | 33 |
| (3) Conducting riverboat gambling operations.
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| (b) For the purpose of this Section, the term "State of | 2 |
| Illinois" includes any agency or department of the State of | 3 |
| Illinois, including, but not limited to, the Illinois Gaming | 4 |
| Board.
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| (230 ILCS 10/10) (from Ch. 120, par. 2410)
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| Sec. 10. Bond of licensee. Before an owners license is | 7 |
| issued or
re-issued or a managers license is issued , the
| 8 |
| licensee shall post a bond in the sum of $200,000 to the State | 9 |
| of Illinois.
The bond shall be used to guarantee that the | 10 |
| licensee
faithfully makes the payments, keeps his books and | 11 |
| records and makes
reports, and conducts his games of chance in | 12 |
| conformity with this Act and
the rules adopted by the Board. | 13 |
| The bond shall not be canceled by a
surety on less than 30 days | 14 |
| notice in writing to the Board.
If a bond is canceled and the | 15 |
| licensee fails to file a new bond with the
Board in the | 16 |
| required amount on or before the effective date of
| 17 |
| cancellation, the licensee's license shall be revoked. The | 18 |
| total and
aggregate liability of the surety on the bond is | 19 |
| limited to the amount
specified in the bond.
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| (Source: P.A. 93-28, eff. 6-20-03.)
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| (230 ILCS 10/11) (from Ch. 120, par. 2411)
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| Sec. 11. Conduct of gambling. Gambling may be conducted by | 23 |
| licensed owners or licensed managers on behalf
of the State | 24 |
| aboard riverboats,
subject to the following standards:
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| (1) A licensee may conduct riverboat gambling | 26 |
| authorized under this Act
regardless of whether it conducts | 27 |
| excursion cruises. A licensee may permit
the continuous | 28 |
| ingress and egress of passengers for the purpose of | 29 |
| gambling.
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| (2) (Blank).
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| (3) Minimum and maximum wagers on games shall be set by | 32 |
| the licensee.
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| (4) Agents of the Board and the Department of State | 2 |
| Police may board
and inspect any riverboat at any time for | 3 |
| the purpose of determining
whether this Act is being | 4 |
| complied with. Every riverboat, if under way and
being | 5 |
| hailed by a law enforcement officer or agent of the Board, | 6 |
| must stop
immediately and lay to.
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| (5) Employees of the Board shall have the right to be | 8 |
| present on the
riverboat or on adjacent facilities under | 9 |
| the control of the licensee.
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| (6) Gambling equipment and supplies customarily used | 11 |
| in conducting
riverboat gambling must be purchased or | 12 |
| leased only from suppliers licensed
for such purpose under | 13 |
| this Act.
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| (7) Persons licensed under this Act shall permit no | 15 |
| form of wagering on
gambling games except as permitted by | 16 |
| this Act.
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| (8) Wagers may be received only from a person present | 18 |
| on a licensed
riverboat. No person present on a licensed | 19 |
| riverboat shall place
or attempt to place a wager on behalf | 20 |
| of another person who is not present
on the riverboat.
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| (9) Wagering shall not be conducted with money or other | 22 |
| negotiable
currency.
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| (10) A person under age 21 shall not be permitted on an | 24 |
| area of a
riverboat where gambling is being conducted, | 25 |
| except for a person at least
18 years of age who is an | 26 |
| employee of the riverboat gambling operation. No
employee | 27 |
| under age 21 shall perform any function involved in | 28 |
| gambling by
the patrons. No person under age 21 shall be | 29 |
| permitted to make a wager under
this Act.
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| (11) Gambling excursion cruises are permitted only | 31 |
| when the waterway for
which the riverboat is licensed is | 32 |
| navigable, as determined by
the Board in consultation with | 33 |
| the U.S. Army Corps of Engineers.
This paragraph (11) does | 34 |
| not limit the ability of a licensee to conduct
gambling |
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| authorized under this Act when gambling excursion cruises | 2 |
| are not
permitted.
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| (12) All tokens, chips or electronic cards used to make | 4 |
| wagers must be
purchased from a licensed owner or manager | 5 |
| either aboard a riverboat or at
an onshore
facility which | 6 |
| has been approved by the Board and which is located where
| 7 |
| the riverboat docks. The tokens, chips or electronic cards | 8 |
| may be
purchased by means of an agreement under which the | 9 |
| owner or manager extends
credit to
the patron. Such tokens, | 10 |
| chips or electronic cards may be used
while aboard the | 11 |
| riverboat only for the purpose of making wagers on
gambling | 12 |
| games.
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| (13) Notwithstanding any other Section of this Act, in | 14 |
| addition to the
other licenses authorized under this Act, | 15 |
| the Board may issue special event
licenses allowing persons | 16 |
| who are not otherwise licensed to conduct
riverboat | 17 |
| gambling to conduct such gambling on a specified date or | 18 |
| series
of dates. Riverboat gambling under such a license | 19 |
| may take place on a
riverboat not normally used for | 20 |
| riverboat gambling. The Board shall
establish standards, | 21 |
| fees and fines for, and limitations upon, such
licenses, | 22 |
| which may differ from the standards, fees, fines and | 23 |
| limitations
otherwise applicable under this Act. All such | 24 |
| fees shall be deposited into
the State Gaming Fund. All | 25 |
| such fines shall be deposited into the
Education Assistance | 26 |
| Fund, created by Public Act 86-0018, of the State
of | 27 |
| Illinois.
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| (14) In addition to the above, gambling must be | 29 |
| conducted in accordance
with all rules adopted by the | 30 |
| Board.
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| (Source: P.A. 93-28, eff. 6-20-03.)
| 32 |
| (230 ILCS 10/11.1) (from Ch. 120, par. 2411.1)
| 33 |
| Sec. 11.1. Collection of amounts owing under credit |
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| agreements. Notwithstanding any applicable statutory provision | 2 |
| to the contrary, a
licensed owner or manager who extends credit | 3 |
| to a riverboat gambling patron
pursuant
to Section 11 (a) (12) | 4 |
| of this Act is expressly authorized to institute a
cause of | 5 |
| action to collect any amounts due and owing under the extension | 6 |
| of
credit, as well as the owner's or manager's costs, expenses | 7 |
| and reasonable
attorney's
fees incurred in collection.
| 8 |
| (Source: P.A. 93-28, eff. 6-20-03.)
| 9 |
| (230 ILCS 10/12) (from Ch. 120, par. 2412)
| 10 |
| Sec. 12. Admission tax; fees.
| 11 |
| (a) A tax is hereby imposed upon admissions to riverboats | 12 |
| operated by
licensed owners authorized pursuant to this Act. | 13 |
| Until July 1, 2002, the
rate is $2 per person admitted. From | 14 |
| July 1, 2002 and until
July 1, 2003, the rate is $3 per person | 15 |
| admitted.
Beginning July 1, 2003, for a licensee that admitted | 16 |
| 1,000,000 persons or
fewer in the previous calendar year, the | 17 |
| rate is $3 per person admitted; for a
licensee that admitted | 18 |
| more than 1,000,000 but no more than 2,300,000 persons
in the | 19 |
| previous calendar year, the rate is $4 per person admitted; and | 20 |
| for
a licensee that admitted more than 2,300,000 persons in the | 21 |
| previous calendar
year, the rate is $5 per person admitted.
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| Beginning July 1, 2003, for a licensee that admitted 2,300,000 | 23 |
| persons or
fewer in the previous calendar year, the rate is $4 | 24 |
| per person admitted and for
a licensee that admitted more than | 25 |
| 2,300,000 persons in the previous calendar
year, the rate is $5 | 26 |
| per person admitted.
This admission tax is imposed upon the
| 27 |
| licensed owner conducting gambling.
| 28 |
| (1) The admission tax shall be paid for each admission.
| 29 |
| (2) (Blank).
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| (3) The riverboat licensee may issue tax-free passes to
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| actual and necessary officials and employees of the | 32 |
| licensee or other
persons actually working on the | 33 |
| riverboat.
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| (4) The number and issuance of tax-free passes is | 2 |
| subject to the rules
of the Board, and a list of all | 3 |
| persons to whom the tax-free passes are
issued shall be | 4 |
| filed with the Board.
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| (a-5) (Blank).
A fee is hereby imposed upon admissions | 6 |
| operated by licensed
managers on behalf of the State pursuant | 7 |
| to Section 7.3 at the rates provided
in
this subsection (a-5). | 8 |
| For a licensee that
admitted 1,000,000 persons or fewer in the | 9 |
| previous calendar year, the rate is
$3 per person admitted; for | 10 |
| a licensee that admitted more than 1,000,000 but no
more than | 11 |
| 2,300,000 persons
in the previous calendar year, the rate is $4 | 12 |
| per person admitted; and for
a licensee that admitted more than | 13 |
| 2,300,000 persons in the previous calendar
year, the rate is $5 | 14 |
| per person admitted.
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| (1) The admission fee shall be paid for each admission.
| 16 |
| (2) (Blank).
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| (3) The licensed manager may issue fee-free passes to | 18 |
| actual and necessary
officials and employees of the manager | 19 |
| or other persons actually working on the
riverboat.
| 20 |
| (4) The number and issuance of fee-free passes is | 21 |
| subject to the rules
of the Board, and a list of all | 22 |
| persons to whom the fee-free passes are
issued shall be | 23 |
| filed with the Board.
| 24 |
| (b) From the tax imposed under subsection (a) and the fee | 25 |
| imposed under
subsection (a-5) , a municipality shall receive | 26 |
| from the State $1 for each
person embarking on a riverboat | 27 |
| docked within the municipality, and a county
shall receive $1 | 28 |
| for each person embarking on a riverboat docked within the
| 29 |
| county but outside the boundaries of any municipality. The | 30 |
| municipality's or
county's share shall be collected by the | 31 |
| Board on behalf of the State and
remitted quarterly by the | 32 |
| State, subject to appropriation, to the treasurer of
the unit | 33 |
| of local government for deposit in the general fund.
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| (c) The licensed owner shall pay the entire admission tax |
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| to the Board and
the licensed manager shall pay the entire | 2 |
| admission fee to the Board .
Such payments shall be made daily. | 3 |
| Accompanying each payment shall be a
return on forms provided | 4 |
| by the Board which shall include other
information regarding | 5 |
| admissions as the Board may require. Failure to
submit either | 6 |
| the payment or the return within the specified time may
result | 7 |
| in suspension or revocation of the owners or managers license.
| 8 |
| (d) The Board shall administer and collect the admission | 9 |
| tax imposed by
this Section, to the extent practicable, in a | 10 |
| manner consistent with the
provisions of Sections 4, 5, 5a, 5b, | 11 |
| 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a,
6b, 6c, 8, 9 and 10 of the | 12 |
| Retailers' Occupation Tax Act and
Section 3-7 of the Uniform | 13 |
| Penalty and Interest Act.
| 14 |
| (Source: P.A. 92-595, eff. 6-28-02; 93-27, eff. 6-20-03; 93-28, | 15 |
| eff. 6-20-03;
revised 8-1-03.)
| 16 |
| (230 ILCS 10/13) (from Ch. 120, par. 2413)
| 17 |
| Sec. 13. Wagering tax; rate; distribution.
| 18 |
| (a) Until January 1, 1998, a tax is imposed on the adjusted | 19 |
| gross
receipts received from gambling games authorized under | 20 |
| this Act at the rate of
20%.
| 21 |
| (a-1) From January 1, 1998 until July 1, 2002, a privilege | 22 |
| tax is
imposed on persons engaged in the business of conducting | 23 |
| riverboat gambling
operations, based on the adjusted gross | 24 |
| receipts received by a licensed owner
from gambling games | 25 |
| authorized under this Act at the following rates:
| 26 |
| 15% of annual adjusted gross receipts up to and | 27 |
| including $25,000,000;
| 28 |
| 20% of annual adjusted gross receipts in excess of | 29 |
| $25,000,000 but not
exceeding $50,000,000;
| 30 |
| 25% of annual adjusted gross receipts in excess of | 31 |
| $50,000,000 but not
exceeding $75,000,000;
| 32 |
| 30% of annual adjusted gross receipts in excess of | 33 |
| $75,000,000 but not
exceeding $100,000,000;
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| 35% of annual adjusted gross receipts in excess of | 2 |
| $100,000,000.
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| (a-2) From July 1, 2002 until July 1, 2003, a privilege tax | 4 |
| is imposed on
persons engaged in the business of conducting | 5 |
| riverboat gambling operations,
other than licensed managers | 6 |
| conducting riverboat gambling operations on behalf
of the | 7 |
| State, based on the adjusted gross receipts received by a | 8 |
| licensed
owner from gambling games authorized under this Act at | 9 |
| the following rates:
| 10 |
| 15% of annual adjusted gross receipts up to and | 11 |
| including $25,000,000;
| 12 |
| 22.5% of annual adjusted gross receipts in excess of | 13 |
| $25,000,000 but not
exceeding $50,000,000;
| 14 |
| 27.5% of annual adjusted gross receipts in excess of | 15 |
| $50,000,000 but not
exceeding $75,000,000;
| 16 |
| 32.5% of annual adjusted gross receipts in excess of | 17 |
| $75,000,000 but not
exceeding $100,000,000;
| 18 |
| 37.5% of annual adjusted gross receipts in excess of | 19 |
| $100,000,000 but not
exceeding $150,000,000;
| 20 |
| 45% of annual adjusted gross receipts in excess of | 21 |
| $150,000,000 but not
exceeding $200,000,000;
| 22 |
| 50% of annual adjusted gross receipts in excess of | 23 |
| $200,000,000.
| 24 |
| (a-3) Beginning July 1, 2003, a privilege tax is imposed on | 25 |
| persons engaged
in the business of conducting riverboat | 26 |
| gambling operations, other than
licensed managers conducting | 27 |
| riverboat gambling operations on behalf of the
State, based on | 28 |
| the adjusted gross receipts received by a licensed owner from
| 29 |
| gambling games authorized under this Act at the following | 30 |
| rates:
| 31 |
| 15% of annual adjusted gross receipts up to and | 32 |
| including $25,000,000;
| 33 |
| 27.5% of annual adjusted gross receipts in excess of | 34 |
| $25,000,000 but not
exceeding $37,500,000;
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| 32.5% of annual adjusted gross receipts in excess of | 2 |
| $37,500,000 but not
exceeding $50,000,000;
| 3 |
| 37.5% of annual adjusted gross receipts in excess of | 4 |
| $50,000,000 but not
exceeding $75,000,000;
| 5 |
| 45% of annual adjusted gross receipts in excess of | 6 |
| $75,000,000 but not
exceeding $100,000,000;
| 7 |
| 50% of annual adjusted gross receipts in excess of | 8 |
| $100,000,000 but not
exceeding $250,000,000;
| 9 |
| 70% of annual adjusted gross receipts in excess of | 10 |
| $250,000,000.
| 11 |
| An amount equal to the amount of wagering taxes collected | 12 |
| under this
subsection (a-3) that are in addition to the amount | 13 |
| of wagering taxes that
would have been collected if the | 14 |
| wagering tax rates under subsection (a-2)
were in effect shall | 15 |
| be paid into the Common School Fund.
| 16 |
| The privilege tax imposed under this subsection (a-3) shall | 17 |
| no longer be
imposed beginning on the earlier of (i) July 1, | 18 |
| 2005; (ii) the first date
after June 20, 2003
the effective | 19 |
| date of this amendatory Act of the
93rd General Assembly that | 20 |
| riverboat gambling operations are conducted
pursuant to a | 21 |
| dormant license; or (iii) the first day that riverboat gambling
| 22 |
| operations are conducted under the authority of an owners | 23 |
| license that is in
addition to the 10 owners licenses initially | 24 |
| authorized under this Act.
For the purposes of this subsection | 25 |
| (a-3), the term "dormant license"
means an owners license that | 26 |
| is authorized by this Act under which no
riverboat gambling | 27 |
| operations are being conducted on June 20, 2003
the effective | 28 |
| date of this amendatory Act of the 93rd General Assembly .
| 29 |
| (a-4) Beginning on the first day on which the tax imposed | 30 |
| under
subsection (a-3) is no longer imposed, a privilege tax is | 31 |
| imposed on persons
engaged in the business of conducting | 32 |
| riverboat gambling operations, other
than licensed managers | 33 |
| conducting riverboat gambling operations on behalf of
the | 34 |
| State, based on the adjusted gross receipts received by a |
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LRB093 15868 LRD 47798 a |
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| licensed owner
from gambling games authorized under this Act at | 2 |
| the following rates:
| 3 |
| 15% of annual adjusted gross receipts up to and | 4 |
| including $25,000,000;
| 5 |
| 22.5% of annual adjusted gross receipts in excess of | 6 |
| $25,000,000 but not
exceeding $50,000,000;
| 7 |
| 27.5% of annual adjusted gross receipts in excess of | 8 |
| $50,000,000 but not
exceeding $75,000,000;
| 9 |
| 32.5% of annual adjusted gross receipts in excess of | 10 |
| $75,000,000 but not
exceeding $100,000,000;
| 11 |
| 37.5% of annual adjusted gross receipts in excess of | 12 |
| $100,000,000 but not
exceeding $150,000,000;
| 13 |
| 45% of annual adjusted gross receipts in excess of | 14 |
| $150,000,000 but not
exceeding $200,000,000;
| 15 |
| 50% of annual adjusted gross receipts in excess of | 16 |
| $200,000,000.
| 17 |
| (a-8) (Blank).
Riverboat gambling operations conducted by | 18 |
| a licensed manager on
behalf of the State are not subject to | 19 |
| the tax imposed under this Section.
| 20 |
| (a-10) The taxes imposed by this Section shall be paid by | 21 |
| the licensed
owner to the Board not later than 3:00 o'clock | 22 |
| p.m. of the day after the day
when the wagers were made.
| 23 |
| (b) Until January 1, 1998, 25% of the tax revenue deposited | 24 |
| in the State
Gaming Fund under this Section shall be paid, | 25 |
| subject to appropriation by the
General Assembly, to the unit | 26 |
| of local government which is designated as the
home dock of the | 27 |
| riverboat. Beginning January 1, 1998, from the tax revenue
| 28 |
| deposited in the State Gaming Fund under this Section, an | 29 |
| amount equal to 5% of
adjusted gross receipts generated by a | 30 |
| riverboat shall be paid monthly, subject
to appropriation by | 31 |
| the General Assembly, to the unit of local government that
is | 32 |
| designated as the home dock of the riverboat. From the tax | 33 |
| revenue
deposited in the State Gaming Fund pursuant to | 34 |
| riverboat gambling operations
conducted by a licensed manager |
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LRB093 15868 LRD 47798 a |
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| on behalf of the State, an amount equal to 5%
of adjusted gross | 2 |
| receipts generated pursuant to those riverboat gambling
| 3 |
| operations shall be paid monthly,
subject to appropriation by | 4 |
| the General Assembly, to the unit of local
government that is | 5 |
| designated as the home dock of the riverboat upon which
those | 6 |
| riverboat gambling operations are conducted.
| 7 |
| (c) Appropriations, as approved by the General Assembly, | 8 |
| may be made
from the State Gaming Fund to the Department of | 9 |
| Revenue and the Department
of State Police for the | 10 |
| administration and enforcement of this Act, or to the
| 11 |
| Department of Human Services for the administration of programs | 12 |
| to treat
problem gambling.
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| (c-5) After the payments required under subsections (b) and | 14 |
| (c) have been
made, an amount equal to 15% of the adjusted | 15 |
| gross receipts of (1) an owners
licensee that relocates | 16 |
| pursuant to Section 11.2 or ,
(2) an owners licensee
license | 17 |
| conducting riverboat gambling operations
pursuant to an
owners | 18 |
| license that is initially issued after June
25, 1999,
or (3) | 19 |
| the first
riverboat gambling operations conducted by a licensed | 20 |
| manager on behalf of the
State under Section 7.3
7.2,
whichever | 21 |
| comes first, shall be paid from the State
Gaming Fund into the | 22 |
| Horse Racing Equity Fund.
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| (c-10) Each year the General Assembly shall appropriate | 24 |
| from the General
Revenue Fund to the Education Assistance Fund | 25 |
| an amount equal to the amount
paid into the Horse Racing Equity | 26 |
| Fund pursuant to subsection (c-5) in the
prior calendar year.
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| (c-15) After the payments required under subsections (b), | 28 |
| (c), and (c-5)
have been made, an amount equal to 2% of the | 29 |
| adjusted gross receipts of (1)
an owners licensee that | 30 |
| relocates pursuant to Section 11.2 or , (2) an owners
licensee | 31 |
| conducting riverboat gambling operations pursuant to
an
owners | 32 |
| license that is initially issued after June 25, 1999 ,
or (3) | 33 |
| the first
riverboat gambling operations conducted by a licensed | 34 |
| manager on behalf of the
State under Section 7.3
7.2 ,
whichever |
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LRB093 15868 LRD 47798 a |
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| comes first, shall be paid, subject to appropriation
from the | 2 |
| General Assembly, from the State Gaming Fund to each home rule
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| county with a population of over 3,000,000 inhabitants for the | 4 |
| purpose of
enhancing the county's criminal justice system.
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| (c-20) Each year the General Assembly shall appropriate | 6 |
| from the General
Revenue Fund to the Education Assistance Fund | 7 |
| an amount equal to the amount
paid to each home rule county | 8 |
| with a population of over 3,000,000 inhabitants
pursuant to | 9 |
| subsection (c-15) in the prior calendar year.
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| (c-25) After the payments required under subsections (b), | 11 |
| (c), (c-5) and
(c-15) have been made, an amount equal to 2% of | 12 |
| the
adjusted gross receipts of (1) an owners licensee
license | 13 |
| that
relocates pursuant to Section 11.2 or , (2) an
owners
| 14 |
| licensee
license conducting riverboat gambling operations | 15 |
| pursuant to
an
owners license
that is initially issued after | 16 |
| June 25, 1999 ,
or (3) the first
riverboat gambling operations | 17 |
| conducted by a licensed manager on behalf of the
State under | 18 |
| Section 7.3
7.2 ,
whichever
comes first,
shall be paid from the | 19 |
| State
Gaming Fund to Chicago State University.
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| (d) From time to time, the
Board shall transfer the | 21 |
| remainder of the funds
generated by this Act into the Education
| 22 |
| Assistance Fund, created by Public Act 86-0018, of the State of | 23 |
| Illinois.
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| (e) Nothing in this Act shall prohibit the unit of local | 25 |
| government
designated as the home dock of the riverboat from | 26 |
| entering into agreements
with other units of local government | 27 |
| in this State or in other states to
share its portion of the | 28 |
| tax revenue.
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| (f) To the extent practicable, the Board shall administer | 30 |
| and collect the
wagering taxes imposed by this Section in a | 31 |
| manner consistent with the
provisions of Sections 4, 5, 5a, 5b, | 32 |
| 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of the | 33 |
| Retailers' Occupation Tax Act and Section 3-7 of the
Uniform | 34 |
| Penalty and Interest Act.
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LRB093 15868 LRD 47798 a |
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| (Source: P.A. 92-595, eff. 6-28-02; 93-27, eff. 6-20-03; 93-28, | 2 |
| eff.
6-20-03; revised 1-28-04.)
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| (230 ILCS 10/15) (from Ch. 120, par. 2415)
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| Sec. 15. Audit of Licensee Operations. Within 90 days after | 5 |
| the end
of each quarter of each fiscal year, the licensed owner | 6 |
| or manager shall
transmit to the Board an audit of the | 7 |
| financial transactions
and condition of the licensee's total | 8 |
| operations. All audits shall be
conducted by certified public | 9 |
| accountants selected by the Board. Each
certified public | 10 |
| accountant must be registered in the State of
Illinois under | 11 |
| the Illinois Public Accounting Act.
The compensation for each | 12 |
| certified public accountant shall be paid
directly by the | 13 |
| licensed owner or manager to the certified public
accountant.
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| (Source: P.A. 93-28, eff. 6-20-03.)
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| (230 ILCS 10/23) (from Ch. 120, par. 2423)
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| Sec. 23. The State Gaming Fund. On or after the effective | 17 |
| date of
this Act, all of the fees and taxes collected pursuant | 18 |
| to
subsections of this Act shall be deposited into the State | 19 |
| Gaming Fund, a
special fund in the State Treasury, which is | 20 |
| hereby created. The adjusted
gross receipts of any riverboat | 21 |
| gambling operations conducted by a licensed
manager on behalf | 22 |
| of the State remaining after the payment of the fees and
| 23 |
| expenses of the licensed manager shall be deposited into the | 24 |
| State Gaming
Fund. Fines and
penalties collected pursuant to | 25 |
| this Act shall be deposited into the
Education Assistance Fund, | 26 |
| created by Public Act 86-0018, of the State of
Illinois.
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| (Source: P.A. 93-28, eff. 6-20-03.)
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| (230 ILCS 10/7.3 rep.)
| 29 |
| (230 ILCS 10/7.4 rep.)
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| Section 15. The Riverboat Gambling Act is amended by | 31 |
| repealing Sections 7.3 and 7.4.
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| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.".
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