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Rep. Robert S. Molaro
Filed: 4/13/2005
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09400HB1917ham001 |
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LRB094 02936 AMC 45095 a |
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| AMENDMENT TO HOUSE BILL 1917
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| AMENDMENT NO. ______. Amend House Bill 1917 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The State Finance Act is amended by changing |
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| Section 8h as follows: |
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| (30 ILCS 105/8h)
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| Sec. 8h. Transfers to General Revenue Fund. |
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| (a) Except as provided in subsection (b), notwithstanding |
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| any other
State law to the contrary, the Governor
may, through |
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| June 30, 2007, from time to time direct the State Treasurer and |
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| Comptroller to transfer
a specified sum from any fund held by |
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| the State Treasurer to the General
Revenue Fund in order to |
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| help defray the State's operating costs for the
fiscal year. |
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| The total transfer under this Section from any fund in any
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| fiscal year shall not exceed the lesser of (i) 8% of the |
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| revenues to be deposited
into the fund during that fiscal year |
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| or (ii) an amount that leaves a remaining fund balance of 25% |
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| of the July 1 fund balance of that fiscal year. In fiscal year |
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| 2005 only, prior to calculating the July 1, 2004 final |
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| balances, the Governor may calculate and direct the State |
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| Treasurer with the Comptroller to transfer additional amounts |
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| determined by applying the formula authorized in Public Act |
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| 93-839 to the funds balances on July 1, 2003.
No transfer may |
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| be made from a fund under this Section that would have the
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09400HB1917ham001 |
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| effect of reducing the available balance in the fund to an |
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| amount less than
the amount remaining unexpended and unreserved |
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| from the total appropriation
from that fund estimated to be |
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| expended for that fiscal year. This Section does not apply to |
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| any
funds that are restricted by federal law to a specific use, |
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| to any funds in
the Motor Fuel Tax Fund, the Hospital Provider |
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| Fund, the Medicaid Provider Relief Fund, or the Horse Racing |
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| Equity Trust Fund, or the Reviewing Court Alternative Dispute |
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| Resolution Fund, or to any
funds to which subsection (f) of |
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| Section 20-40 of the Nursing and Advanced Practice Nursing Act |
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| applies. Notwithstanding any
other provision of this Section, |
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| for fiscal year 2004,
the total transfer under this Section |
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| from the Road Fund or the State
Construction Account Fund shall |
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| not exceed the lesser of (i) 5% of the revenues to be deposited
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| into the fund during that fiscal year or (ii) 25% of the |
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| beginning balance in the fund.
For fiscal year 2005 through |
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| fiscal year 2007, no amounts may be transferred under this |
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| Section from the Road Fund, the State Construction Account |
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| Fund, the Criminal Justice Information Systems Trust Fund, the |
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| Wireless Service Emergency Fund, or the Mandatory Arbitration |
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| Fund.
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| In determining the available balance in a fund, the |
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| Governor
may include receipts, transfers into the fund, and |
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| other
resources anticipated to be available in the fund in that |
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| fiscal year.
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| The State Treasurer and Comptroller shall transfer the |
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| amounts designated
under this Section as soon as may be |
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| practicable after receiving the direction
to transfer from the |
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| Governor.
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| (b) This Section does not apply to any fund established |
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| under the Community Senior Services and Resources Act.
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| (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, |
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| eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; |
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| 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. |
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| 1-15-05.)
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| Section 10. The Illinois Horse Racing Act of 1975 is |
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| amended by changing Section 54 as follows:
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| (230 ILCS 5/54)
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| Sec. 54. Horse Racing Equity Trust Fund.
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| (a) There is created in the State Treasury a Fund to be |
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| known as the Horse
Racing
Equity Trust Fund , which is a |
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| non-appropriated trust fund held separate and apart from State |
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| moneys . The Fund shall consist of moneys paid into it by owners |
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| licensees under
pursuant to
subsection
(c-5) of Section 13 of
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| the Riverboat Gambling Act for the purposes described in this |
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| Section . The Fund shall
be administered
by the Board. Moneys in |
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| the Fund shall be distributed as directed and certified by the |
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| Board in accordance with the provisions of subsection (b)
the |
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| Racing Board .
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| (b) The moneys deposited into the Fund , plus any accrued |
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| interest on those moneys, shall be distributed by the State
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| Treasurer
within 10 days after those moneys are deposited into |
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| the Fund as follows:
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| (1) Fifty percent of all moneys distributed under this |
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| subsection shall be
distributed to organization licensees |
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| to be distributed at their race
meetings as purses. |
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| Fifty-seven percent of the amount distributed under this
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| paragraph (1) shall be distributed for thoroughbred race |
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| meetings and
43% shall be distributed for standardbred race |
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| meetings. Within each
breed, moneys shall be allocated to |
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| each organization licensee's purse
fund in accordance with |
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| the ratio between the purses generated for that
breed by |
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| that licensee during the prior calendar year and the total |
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| purses
generated throughout the State for that breed during |
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| the prior calendar
year.
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| (2) The remaining 50% of the moneys distributed under |
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| this
subsection (b) shall be distributed pro rata
according |
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| to the aggregate
proportion of state-wide handle at the |
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| racetrack, inter-track, and inter-track
wagering locations |
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| that derive their licenses from a racetrack identified in
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| this paragraph (2) for calendar years 1994, 1996, and 1997
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| to (i) any person (or its
successors or assigns) who had
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| operating control of a racing facility at which live racing |
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| was conducted in
calendar year 1997 and who has operating |
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| control of an organization licensee
that conducted racing |
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| in calendar year 1997 and is a licensee in the current
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| year, or (ii) any person
(or its successors or assigns)
who |
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| has operating control of a racing facility located in a
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| county that is bounded by the Mississippi River that has a |
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| population of less
than 150,000 according to the 1990 |
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| decennial census and conducted an average of
60 days of |
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| racing per year between 1985 and 1993 and has been awarded |
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| an
inter-track wagering license in the current year.
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| If any person identified in this paragraph (2) becomes
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| ineligible to receive moneys from the Fund, such amount |
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| shall be redistributed
among the remaining persons in |
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| proportion to their percentages otherwise
calculated.
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| (c) The Board shall monitor organization licensees to |
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| ensure that moneys paid to organization licensees under this |
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| Section are distributed by the organization licensees as |
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| provided in subsection (b).
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| (Source: P.A. 91-40, eff. 6-25-99.)
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| Section 15. The Riverboat Gambling Act is amended by |
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| changing Sections 3, 7, 11, 12, 13, and 23 as follows:
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| (230 ILCS 10/3) (from Ch. 120, par. 2403)
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| Sec. 3. Riverboat Gambling Authorized.
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| (a) Riverboat gambling
operations and the system of |
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| wagering
incorporated therein, as defined in this Act, are |
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| hereby authorized to the
extent that they are carried out in |
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| accordance with the provisions of this
Act.
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| (b) This Act does not apply to the pari-mutuel system of |
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| wagering used
or intended to be used in connection with the |
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| horse-race meetings as
authorized under the Illinois Horse |
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| Racing Act of 1975, lottery games
authorized under the Illinois |
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| Lottery Law, bingo authorized under the Bingo
License and Tax |
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| Act, charitable games authorized under the Charitable Games
Act |
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| or pull tabs and jar games conducted under the Illinois Pull |
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| Tabs and Jar
Games Act.
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| (c) Riverboat gambling conducted pursuant to this Act may |
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| be authorized
upon any water within the State of Illinois or |
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| any
water other than Lake Michigan which constitutes a boundary |
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| of the State
of Illinois.
A licensee may conduct riverboat |
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| gambling authorized under this Act
regardless of whether it |
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| conducts excursion cruises. A licensee may permit
the |
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| continuous ingress and egress of passengers for the purpose of
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| gambling. Notwithstanding any provision in this subsection (c) |
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| to the contrary, a licensee may conduct gambling at its home |
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| dock facility as provided in Section 7.
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| (Source: P.A. 91-40, eff. 6-25-99.)
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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, firms |
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| or
corporations which apply for such licenses upon payment to |
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| the Board of the
non-refundable license fee set by the Board, |
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| upon payment of a $25,000
license fee for the first year of |
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| operation and a $5,000 license fee for
each succeeding year and |
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| upon a determination by the Board that the
applicant is |
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| eligible for an owners license pursuant to this Act and the
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| rules of the Board. As a condition of licensure, any owners |
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| licensee that holds or receives its owners license on or after |
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| the effective date of this amendatory Act of the 94th General |
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| Assembly and had adjusted gross receipts in excess of |
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| $100,000,000 the previous year must pay into the Horse Racing |
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| Equity Trust Fund, in addition to any other payments required |
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| under this Act, an amount equal to 3% of the adjusted gross |
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| receipts received by the owners licensee. The payments required |
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| under this Section shall be made by the owners licensee to the |
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| State Treasurer no later than 3:00 o'clock p.m. of the day |
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| after the day when the adjusted gross receipts were received by |
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| the owners licensee. A person, firm or corporation is |
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| ineligible to receive
an owners license if:
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| (1) the person has been convicted of a felony under the |
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| 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 |
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| Article 28 of the
Criminal Code of 1961, or substantially |
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| similar laws of any other jurisdiction;
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| (3) the person has submitted an application for a |
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| license under this
Act which contains false information;
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| (4) the person is
a member of the Board;
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| (5) a person defined in (1), (2), (3) or (4) is an |
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| officer, director or
managerial employee of the firm or |
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| corporation;
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| (6) the firm or corporation employs a person defined in |
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| (1), (2), (3) or
(4) who participates in the management or |
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| operation of gambling operations
authorized under this |
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| Act;
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| (7) (blank); or
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| (8) a license of the person, firm or corporation issued |
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| under
this Act, or a license to own or operate gambling |
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| facilities
in any other jurisdiction, has been revoked.
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| (b) In determining whether to grant an owners license to an |
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| applicant, the
Board shall consider:
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| (1) the character, reputation, experience and |
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| financial integrity of the
applicants and of any other or |
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| separate person that either:
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| (A) controls, directly or indirectly, such |
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| applicant, or
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| (B) is controlled, directly or indirectly, by such |
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| 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 |
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| conduct of riverboat
gambling;
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| (3) the highest prospective total revenue to be derived |
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| by the State
from the conduct of riverboat gambling;
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| (4) the extent to which the ownership of the applicant |
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| reflects the
diversity of the State by including minority |
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| persons and females
and the good faith affirmative action |
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| plan of
each applicant to recruit, train and upgrade |
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| minority persons and females in all employment |
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| classifications;
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| (5) the financial ability of the applicant to purchase |
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| and maintain
adequate liability and casualty insurance;
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| (6) whether the applicant has adequate capitalization |
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| to provide and
maintain, for the duration of a license, a |
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| riverboat;
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| (7) the extent to which the applicant exceeds or meets |
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| other standards
for the issuance of an owners license which |
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| the Board may adopt by rule;
and
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| (8) The amount of the applicant's license bid.
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| (c) Each owners license shall specify the place where |
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| riverboats shall
operate and dock.
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| (d) Each applicant shall submit with his application, on |
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| forms
provided by the Board, 2 sets of his fingerprints.
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| (e) The Board may issue up to 10 licenses authorizing the |
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| holders of such
licenses to own riverboats. In the application |
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| for an owners license, the
applicant shall state the dock at |
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| which the riverboat is based and the water
on which the |
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| riverboat will be located. The Board shall issue 5 licenses to
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| become effective not earlier than January 1, 1991. Three of |
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| such licenses
shall authorize riverboat gambling on the |
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| Mississippi River, or, with approval
by the municipality in |
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| which the
riverboat is docked on August 7, 2003,
the effective |
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| date of this amendatory Act of the 93rd
Assembly,
in a
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| municipality that (1) borders on the Mississippi River or is |
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| within 5
miles of the city limits of a municipality that |
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| borders on the Mississippi
River and (2), on August 7, 2003,
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| the effective date of this amendatory Act of the 93rd General
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| Assembly, has a riverboat conducting riverboat gambling |
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| operations pursuant to
a license issued under this Act; , one of |
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| which shall authorize riverboat
gambling from a home dock in |
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| the city of East St. Louis. One other license
shall
authorize |
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| riverboat gambling on
the Illinois River south of Marshall |
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| County. The Board shall issue one
additional license to become |
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| effective not earlier than March 1, 1992, which
shall authorize |
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| riverboat gambling on the Des Plaines River in Will County.
The |
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| Board may issue 4 additional licenses to become effective not
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| earlier than
March 1, 1992. In determining the water upon which |
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| riverboats will operate,
the Board shall consider the economic |
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| benefit which riverboat gambling confers
on the State, and |
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| shall seek to assure that all regions of the State share
in the |
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| economic benefits of riverboat gambling.
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| In granting all licenses, the Board may give favorable |
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| consideration to
economically depressed areas of the State, to |
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| applicants presenting plans
which provide for significant |
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| 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 |
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| licenses,
and shall inform each applicant of the Board's |
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| decision.
The Board may grant an owners license to an
applicant |
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| that has not submitted the highest license bid, but if it does |
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| not
select the highest bidder, the Board shall issue a written |
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| decision explaining
why another
applicant was selected and |
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| identifying the factors set forth in this Section
that favored |
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| the winning bidder.
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| In addition to any other revocation powers granted to the |
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| Board under this
Act,
the Board may revoke the owners license |
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| of a licensee which fails
to begin conducting gambling within |
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| 15 months
of receipt of the
Board's approval of the application |
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| if the Board determines that license
revocation is in the best |
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| interests of the State.
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| (f) The first 10 owners licenses issued under this Act |
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| shall permit the
holder to own up to 2 riverboats and equipment |
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| thereon
for a period of 3 years after the effective date of the |
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| license. Holders of
the first 10 owners licenses must pay the |
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| annual license fee for each of
the 3
years during which they |
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| are authorized to own riverboats.
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| (g) Upon the termination, expiration, or revocation of each |
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| of the first
10 licenses, which shall be issued for a 3 year |
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| period, all licenses are
renewable annually upon payment of the |
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| fee and a determination by the Board
that the licensee |
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| 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, |
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| 1998, renewal shall be
for a period of 4 years, unless the |
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| Board sets a shorter period.
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| (h) An owners license shall entitle the licensee to own up |
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| to 2
riverboats and operate up to 1,200 gaming positions, plus |
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| an additional
number of positions as provided in subsections |
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| (h-5), (h-7), (h-9), and (h-10) . |
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| (h-5) In addition to the
1,200
gaming positions authorized |
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| under subsection (h), a licensee may
purchase and operate |
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| additional gaming positions as provided in
this subsection |
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| (h-5).
Such a licensee may purchase up to 1,800
additional |
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| gaming positions under this subsection (h-5) in groups of 100 |
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| by paying to the Board, within 240 days after the adoption of |
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| rules, a fee of $2,000,000 for each group of 100 additional |
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| gaming positions. Within 60 days after the effective date of |
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| this amendatory Act of the 94th General Assembly, the Board |
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| shall adopt rules concerning the purchase of additional gaming |
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| positions obtained under this subsection (h-5). |
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| (h-7) Gaming positions authorized under subsection (h-5) |
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| that go unpurchased for 240 days after the adoption of rules, |
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| shall be made available to owners licensees as provided in this |
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| subsection (h-7). Sixty days after the end of that 240-day |
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| period, the Gaming Board shall make those unpurchased positions |
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| available to owners licensees under a process of competitive |
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| bidding, in groups of 50 gaming positions. The minimum bid for |
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| each group of 50 gaming positions shall be $1,000,000.
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| (h-9) An owners licensee may sell, lease, or transfer |
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| gaming positions purchased pursuant to subsection (h-5) to |
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| another owners licensee.
No gaming position may be sold, |
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| leased, or transferred under this subsection (h-9) without the |
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| approval of the Board. An amount equal to 10% of the total sale |
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| price of gaming positions that are sold shall be paid by the |
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| buyer to the Board upon the execution of the sale contract. An |
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| amount equal to 10% of the total lease price of gaming |
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| positions that are leased divided by the number of years in the |
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| lease contract shall be paid annually by the lessee to the |
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| Board on the date the lease is executed and annually thereafter |
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| during the term of the lease. An owners licensee may transfer |
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| gaming positions. Positions, however, may only be transferred |
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| to another licensee owned by the parent company of the |
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| purchasing licensee. Moneys received by the Board under this |
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| subsection shall be deposited into the State Gaming Fund. |
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| (h-10) The total number of gaming positions
used by an |
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| owners licensee shall not exceed 4,500 at one time. Within this |
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| limit, a licensee may operate both
of
its riverboats |
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| concurrently. |
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| An owners licensee that
obtains in excess of 1,200 |
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| positions may conduct riverboat gambling operations with |
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| respect to the excess positions from a land-based facility
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| within or attached to its home dock facility or from a |
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| temporary facility, as the term "temporary facility" is defined |
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| by Board rule, that is attached to the licensee's home dock, |
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| with Board approval. Gaming positions located in a land-based |
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| facility or temporary facility must be located in an area
that |
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| is accessible only to persons who are at least 21 years of age. |
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| A
licensee may not conduct gambling at either a land-based |
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| facility or a temporary facility unless the admission
tax |
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| imposed under Section 12 has been paid for all persons who |
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| enter the gaming area of the
facility.
The Board shall adopt |
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| rules concerning the conduct of gambling
from land-based |
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| facilities and temporary facilities.
A licensee shall limit the |
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| number of gambling participants to
1,200 for any such owners |
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| license.
A licensee may operate both of its riverboats |
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| concurrently, provided that the
total number of gambling |
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| participants on both riverboats does not exceed
1,200. |
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| Riverboats licensed to operate on the
Mississippi River and the |
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| Illinois River south of Marshall County shall
have an |
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| authorized capacity of at least 500 persons. Any other |
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| riverboat
licensed under this Act shall have an authorized |
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| capacity of at least 400
persons.
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| (i) A licensed owner is authorized to apply to the Board |
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| for and, if
approved therefor, to receive all licenses from the |
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| Board necessary for the
operation of a riverboat, including a |
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| liquor license, a license
to prepare and serve food for human |
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| consumption, and other necessary
licenses. All use, occupation |
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| and excise taxes which apply to the sale of
food and beverages |
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| in this State and all taxes imposed on the sale or use
of |
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| tangible personal property apply to such sales aboard the |
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| riverboat.
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| (j) The Board may issue or re-issue a license authorizing a |
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| riverboat to
dock
in a municipality or approve a relocation |
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| under Section 11.2 only if, prior
to the issuance or |
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| re-issuance of
the license or approval, the governing body of |
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| the municipality in which
the riverboat will dock has by a |
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| majority vote approved the docking of
riverboats in the |
2 |
| municipality. The Board may issue or re-issue a license
|
3 |
| authorizing a
riverboat to dock in areas of a county outside |
4 |
| any municipality or approve a
relocation under Section 11.2 |
5 |
| only if, prior to the issuance or re-issuance
of the license
or |
6 |
| approval, the
governing body of the county has by a majority |
7 |
| vote approved of the docking of
riverboats within such areas.
|
8 |
| (Source: P.A. 92-600, eff. 6-28-02; 93-28, eff. 6-20-03; |
9 |
| 93-453, eff. 8-7-03;
revised 1-27-04.)
|
10 |
| (230 ILCS 10/11) (from Ch. 120, par. 2411)
|
11 |
| Sec. 11. Conduct of gambling. Gambling may be conducted by |
12 |
| licensed owners or licensed managers on behalf
of the State |
13 |
| aboard riverboats or from a land-based facility as provided in |
14 |
| Section 7(h-10). If authorized by the Board by rule, an owners |
15 |
| licensee may
move
gaming positions to a "temporary facility" as |
16 |
| that term is defined in Section 7(h-10)
and use those gaming |
17 |
| positions to conduct gambling as provided in Section 7(h-10). |
18 |
| Gambling authorized under this Section shall
be ,
subject to the |
19 |
| following standards:
|
20 |
| (1) A licensee may conduct riverboat gambling |
21 |
| authorized under this Act
regardless of whether it conducts |
22 |
| excursion cruises. A licensee may permit
the continuous |
23 |
| ingress and egress of passengers for the purpose of |
24 |
| gambling.
|
25 |
| (2) (Blank).
|
26 |
| (3) Minimum and maximum wagers on games shall be set by |
27 |
| the licensee.
|
28 |
| (4) Agents of the Board and the Department of State |
29 |
| Police may board
and inspect any riverboat at any time for |
30 |
| the purpose of determining
whether this Act is being |
31 |
| complied with. Every riverboat, if under way and
being |
32 |
| hailed by a law enforcement officer or agent of the Board, |
33 |
| must stop
immediately and lay to.
|
|
|
|
09400HB1917ham001 |
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LRB094 02936 AMC 45095 a |
|
|
1 |
| (5) Employees of the Board shall have the right to be |
2 |
| present on the
riverboat or on adjacent facilities under |
3 |
| the control of the licensee.
|
4 |
| (6) Gambling equipment and supplies customarily used |
5 |
| in conducting
riverboat gambling must be purchased or |
6 |
| leased only from suppliers licensed
for such purpose under |
7 |
| this Act.
|
8 |
| (7) Persons licensed under this Act shall permit no |
9 |
| form of wagering on
gambling games except as permitted by |
10 |
| this Act.
|
11 |
| (8) Wagers may be received only from a person present |
12 |
| on a licensed
riverboat. No person present on a licensed |
13 |
| riverboat shall place
or attempt to place a wager on behalf |
14 |
| of another person who is not present
on the riverboat.
|
15 |
| (9) Wagering shall not be conducted with money or other |
16 |
| negotiable
currency.
|
17 |
| (10) A person under age 21 shall not be permitted on an |
18 |
| area of a
riverboat where gambling is being conducted, |
19 |
| except for a person at least
18 years of age who is an |
20 |
| employee of the riverboat gambling operation. No
employee |
21 |
| under age 21 shall perform any function involved in |
22 |
| gambling by
the patrons. No person under age 21 shall be |
23 |
| permitted to make a wager under
this Act.
|
24 |
| (11) Gambling excursion cruises are permitted only |
25 |
| when the waterway for
which the riverboat is licensed is |
26 |
| navigable, as determined by
the Board in consultation with |
27 |
| the U.S. Army Corps of Engineers.
This paragraph (11) does |
28 |
| not limit the ability of a licensee to conduct
gambling |
29 |
| authorized under this Act when gambling excursion cruises |
30 |
| are not
permitted.
|
31 |
| (12) All tokens, chips or electronic cards used to make |
32 |
| wagers must be
purchased from a licensed owner or manager |
33 |
| either aboard a riverboat or at
an onshore
facility which |
34 |
| has been approved by the Board and which is located where
|
|
|
|
09400HB1917ham001 |
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LRB094 02936 AMC 45095 a |
|
|
1 |
| the riverboat docks. The tokens, chips or electronic cards |
2 |
| may be
purchased by means of an agreement under which the |
3 |
| owner or manager extends
credit to
the patron. Such tokens, |
4 |
| chips or electronic cards may be used
while aboard the |
5 |
| riverboat only for the purpose of making wagers on
gambling |
6 |
| games.
|
7 |
| (13) Notwithstanding any other Section of this Act, in |
8 |
| addition to the
other licenses authorized under this Act, |
9 |
| the Board may issue special event
licenses allowing persons |
10 |
| who are not otherwise licensed to conduct
riverboat |
11 |
| gambling to conduct such gambling on a specified date or |
12 |
| series
of dates. Riverboat gambling under such a license |
13 |
| may take place on a
riverboat not normally used for |
14 |
| riverboat gambling. The Board shall
establish standards, |
15 |
| fees and fines for, and limitations upon, such
licenses, |
16 |
| which may differ from the standards, fees, fines and |
17 |
| limitations
otherwise applicable under this Act. All such |
18 |
| fees shall be deposited into
the State Gaming Fund. All |
19 |
| such fines shall be deposited into the
Education Assistance |
20 |
| Fund, created by Public Act 86-0018, of the State
of |
21 |
| Illinois.
|
22 |
| (14) In addition to the above, gambling must be |
23 |
| conducted in accordance
with all rules adopted by the |
24 |
| Board.
|
25 |
| (Source: P.A. 93-28, eff. 6-20-03.)
|
26 |
| (230 ILCS 10/12) (from Ch. 120, par. 2412)
|
27 |
| Sec. 12. Admission tax; fees.
|
28 |
| (a) A tax is hereby imposed upon admissions to riverboats |
29 |
| operated by
licensed owners authorized pursuant to this Act. |
30 |
| Until July 1, 2002, the
rate is $2 per person admitted. From |
31 |
| July 1, 2002 and until
July 1, 2003, the rate is $3 per person |
32 |
| admitted.
From
Beginning July 1, 2003 until the effective date |
33 |
| of this amendatory Act of the 94th General Assembly , for a |
|
|
|
09400HB1917ham001 |
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LRB094 02936 AMC 45095 a |
|
|
1 |
| licensee that admitted 1,000,000 persons or
fewer in the |
2 |
| previous calendar year, the rate is $3 per person admitted; for |
3 |
| a
licensee that admitted more than 1,000,000 but no more than |
4 |
| 2,300,000 persons
in the previous calendar year, the rate is $4 |
5 |
| per person admitted; and for
a licensee that admitted more than |
6 |
| 2,300,000 persons in the previous calendar
year, the rate is $5 |
7 |
| per person admitted.
Beginning on the effective date of this |
8 |
| amendatory Act of the 94th General Assembly, for a licensee |
9 |
| that (i) conducted riverboat gambling operations in calendar |
10 |
| year 2004 and (ii) admitted 1,000,000 persons or
fewer in the |
11 |
| calendar year immediately preceding the current calendar year, |
12 |
| the rate is $1 per person admitted, and for all other
licensees |
13 |
| the rate is $3 per person admitted.
Beginning July 1, 2003, for |
14 |
| a licensee that admitted 2,300,000 persons or
fewer in the |
15 |
| previous calendar year, the rate is $4 per person admitted and |
16 |
| for
a licensee that admitted more than 2,300,000 persons in the |
17 |
| previous calendar
year, the rate is $5 per person admitted.
|
18 |
| This admission tax is imposed upon the
licensed owner |
19 |
| conducting gambling.
|
20 |
| (1) The admission tax shall be paid for each admission , |
21 |
| except that a person who exits a riverboat gambling |
22 |
| facility and reenters that riverboat gambling facility |
23 |
| within a reasonable time, as determined by the Board by |
24 |
| rule, shall be subject only to the initial admission tax .
|
25 |
| (2) (Blank).
|
26 |
| (3) The riverboat licensee may issue tax-free passes to
|
27 |
| actual and necessary officials and employees of the |
28 |
| licensee or other
persons actually working on the |
29 |
| riverboat.
|
30 |
| (4) The number and issuance of tax-free passes is |
31 |
| subject to the rules
of the Board, and a list of all |
32 |
| persons to whom the tax-free passes are
issued shall be |
33 |
| filed with the Board.
|
34 |
| (a-5) A fee is hereby imposed upon admissions operated by |
|
|
|
09400HB1917ham001 |
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LRB094 02936 AMC 45095 a |
|
|
1 |
| licensed
managers on behalf of the State pursuant to Section |
2 |
| 7.3 at the rates provided
in
this subsection (a-5). For a |
3 |
| licensee that
admitted 1,000,000 persons or fewer in the |
4 |
| previous calendar year, the rate is
$3 per person admitted; for |
5 |
| a licensee that admitted more than 1,000,000 but no
more than |
6 |
| 2,300,000 persons
in the previous calendar year, the rate is $4 |
7 |
| per person admitted; and for
a licensee that admitted more than |
8 |
| 2,300,000 persons in the previous calendar
year, the rate is $5 |
9 |
| per person admitted.
|
10 |
| (1) The admission fee shall be paid for each admission.
|
11 |
| (2) (Blank).
|
12 |
| (3) The licensed manager may issue fee-free passes to |
13 |
| actual and necessary
officials and employees of the manager |
14 |
| or other persons actually working on the
riverboat.
|
15 |
| (4) The number and issuance of fee-free passes is |
16 |
| subject to the rules
of the Board, and a list of all |
17 |
| persons to whom the fee-free passes are
issued shall be |
18 |
| filed with the Board.
|
19 |
| (b) From the tax imposed under subsection (a) and the fee |
20 |
| imposed under
subsection (a-5), a municipality shall receive |
21 |
| from the State $1 for each
person embarking on a riverboat |
22 |
| docked within the municipality, and a county
shall receive $1 |
23 |
| for each person embarking on a riverboat docked within the
|
24 |
| county but outside the boundaries of any municipality. The |
25 |
| municipality's or
county's share shall be collected by the |
26 |
| Board on behalf of the State and
remitted quarterly by the |
27 |
| State, subject to appropriation, to the treasurer of
the unit |
28 |
| of local government for deposit in the general fund.
|
29 |
| (c) The licensed owner shall pay the entire admission tax |
30 |
| to the Board and
the licensed manager shall pay the entire |
31 |
| admission fee to the Board.
Such payments shall be made daily. |
32 |
| Accompanying each payment shall be a
return on forms provided |
33 |
| by the Board which shall include other
information regarding |
34 |
| admissions as the Board may require. Failure to
submit either |
|
|
|
09400HB1917ham001 |
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LRB094 02936 AMC 45095 a |
|
|
1 |
| the payment or the return within the specified time may
result |
2 |
| in suspension or revocation of the owners or managers license.
|
3 |
| (d) The Board shall administer and collect the admission |
4 |
| tax imposed by
this Section, to the extent practicable, in a |
5 |
| manner consistent with the
provisions of Sections 4, 5, 5a, 5b, |
6 |
| 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a,
6b, 6c, 8, 9 and 10 of the |
7 |
| Retailers' Occupation Tax Act and
Section 3-7 of the Uniform |
8 |
| Penalty and Interest Act.
|
9 |
| (Source: P.A. 92-595, eff. 6-28-02; 93-27, eff. 6-20-03; 93-28, |
10 |
| eff. 6-20-03;
revised 8-1-03.)
|
11 |
| (230 ILCS 10/13) (from Ch. 120, par. 2413)
|
12 |
| Sec. 13. Wagering tax; rate; distribution.
|
13 |
| (a) Until January 1, 1998, a tax is imposed on the adjusted |
14 |
| gross
receipts received from gambling games authorized under |
15 |
| this Act at the rate of
20%.
|
16 |
| (a-1) From January 1, 1998 until July 1, 2002, a privilege |
17 |
| tax is
imposed on persons engaged in the business of conducting |
18 |
| riverboat gambling
operations, based on the adjusted gross |
19 |
| receipts received by a licensed owner
from gambling games |
20 |
| authorized under this Act at the following rates:
|
21 |
| 15% of annual adjusted gross receipts up to and |
22 |
| including $25,000,000;
|
23 |
| 20% of annual adjusted gross receipts in excess of |
24 |
| $25,000,000 but not
exceeding $50,000,000;
|
25 |
| 25% of annual adjusted gross receipts in excess of |
26 |
| $50,000,000 but not
exceeding $75,000,000;
|
27 |
| 30% of annual adjusted gross receipts in excess of |
28 |
| $75,000,000 but not
exceeding $100,000,000;
|
29 |
| 35% of annual adjusted gross receipts in excess of |
30 |
| $100,000,000.
|
31 |
| (a-2) From July 1, 2002 until July 1, 2003, a privilege tax |
32 |
| is imposed on
persons engaged in the business of conducting |
33 |
| riverboat gambling operations,
other than licensed managers |
|
|
|
09400HB1917ham001 |
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LRB094 02936 AMC 45095 a |
|
|
1 |
| conducting riverboat gambling operations on behalf
of the |
2 |
| State, based on the adjusted gross receipts received by a |
3 |
| licensed
owner from gambling games authorized under this Act at |
4 |
| the following rates:
|
5 |
| 15% of annual adjusted gross receipts up to and |
6 |
| including $25,000,000;
|
7 |
| 22.5% of annual adjusted gross receipts in excess of |
8 |
| $25,000,000 but not
exceeding $50,000,000;
|
9 |
| 27.5% of annual adjusted gross receipts in excess of |
10 |
| $50,000,000 but not
exceeding $75,000,000;
|
11 |
| 32.5% of annual adjusted gross receipts in excess of |
12 |
| $75,000,000 but not
exceeding $100,000,000;
|
13 |
| 37.5% of annual adjusted gross receipts in excess of |
14 |
| $100,000,000 but not
exceeding $150,000,000;
|
15 |
| 45% of annual adjusted gross receipts in excess of |
16 |
| $150,000,000 but not
exceeding $200,000,000;
|
17 |
| 50% of annual adjusted gross receipts in excess of |
18 |
| $200,000,000.
|
19 |
| (a-3) Beginning July 1, 2003, a privilege tax is imposed on |
20 |
| persons engaged
in the business of conducting riverboat |
21 |
| gambling operations, other than
licensed managers conducting |
22 |
| riverboat gambling operations on behalf of the
State, based on |
23 |
| the adjusted gross receipts received by a licensed owner from
|
24 |
| gambling games authorized under this Act at the following |
25 |
| rates:
|
26 |
| 15% of annual adjusted gross receipts up to and |
27 |
| including $25,000,000;
|
28 |
| 27.5% of annual adjusted gross receipts in excess of |
29 |
| $25,000,000 but not
exceeding $37,500,000;
|
30 |
| 32.5% of annual adjusted gross receipts in excess of |
31 |
| $37,500,000 but not
exceeding $50,000,000;
|
32 |
| 37.5% of annual adjusted gross receipts in excess of |
33 |
| $50,000,000 but not
exceeding $75,000,000;
|
34 |
| 45% of annual adjusted gross receipts in excess of |
|
|
|
09400HB1917ham001 |
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LRB094 02936 AMC 45095 a |
|
|
1 |
| $75,000,000 but not
exceeding $100,000,000;
|
2 |
| 50% of annual adjusted gross receipts in excess of |
3 |
| $100,000,000 but not
exceeding $250,000,000;
|
4 |
| 70% of annual adjusted gross receipts in excess of |
5 |
| $250,000,000.
|
6 |
| An amount equal to the amount of wagering taxes collected |
7 |
| under this
subsection (a-3) that are in addition to the amount |
8 |
| of wagering taxes that
would have been collected if the |
9 |
| wagering tax rates under subsection (a-2)
were in effect shall |
10 |
| be paid into the Common School Fund.
|
11 |
| The privilege tax imposed under this subsection (a-3) shall |
12 |
| no longer be
imposed beginning on the earlier of (i) July 1, |
13 |
| 2005; (ii) the first date
after June 20, 2003
the effective |
14 |
| date of this amendatory Act of the
93rd General Assembly that |
15 |
| riverboat gambling operations are conducted
pursuant to a |
16 |
| dormant license; or (iii) the first day that riverboat gambling
|
17 |
| operations are conducted under the authority of an owners |
18 |
| license that is in
addition to the 10 owners licenses initially |
19 |
| authorized under this Act.
For the purposes of this subsection |
20 |
| (a-3), the term "dormant license"
means an owners license that |
21 |
| is authorized by this Act under which no
riverboat gambling |
22 |
| operations are being conducted on June 20, 2003
the effective |
23 |
| date of this amendatory Act of the 93rd General Assembly .
|
24 |
| (a-4) Beginning on the first day on which the tax imposed |
25 |
| under
subsection (a-3) is no longer imposed, a privilege tax is |
26 |
| imposed on persons
engaged in the business of conducting |
27 |
| riverboat gambling operations, other
than licensed managers |
28 |
| conducting riverboat gambling operations on behalf of
the |
29 |
| State, based on the adjusted gross receipts received by a |
30 |
| licensed owner
from gambling games authorized under this Act at |
31 |
| the following rates:
|
32 |
| 15% of annual adjusted gross receipts up to and |
33 |
| including $25,000,000;
|
34 |
| 22.5% of annual adjusted gross receipts in excess of |
|
|
|
09400HB1917ham001 |
- 20 - |
LRB094 02936 AMC 45095 a |
|
|
1 |
| $25,000,000 but not
exceeding $50,000,000;
|
2 |
| 27.5% of annual adjusted gross receipts in excess of |
3 |
| $50,000,000 but not
exceeding $75,000,000;
|
4 |
| 32.5% of annual adjusted gross receipts in excess of |
5 |
| $75,000,000 but not
exceeding $100,000,000;
|
6 |
| 37.5% of annual adjusted gross receipts in excess of |
7 |
| $100,000,000 but not
exceeding $150,000,000;
|
8 |
| 45% of annual adjusted gross receipts in excess of |
9 |
| $150,000,000 but not
exceeding $200,000,000;
|
10 |
| 50% of annual adjusted gross receipts in excess of |
11 |
| $200,000,000.
|
12 |
| (a-8) Riverboat gambling operations conducted by a |
13 |
| licensed manager on
behalf of the State are not subject to the |
14 |
| tax imposed under this Section.
|
15 |
| (a-10) The taxes imposed by this Section shall be paid by |
16 |
| the licensed
owner to the Board not later than 3:00 o'clock |
17 |
| p.m. of the day after the day
when the wagers were made.
|
18 |
| (b) Until January 1, 1998, 25% of the tax revenue deposited |
19 |
| in the State
Gaming Fund under this Section shall be paid, |
20 |
| subject to appropriation by the
General Assembly, to the unit |
21 |
| of local government which is designated as the
home dock of the |
22 |
| riverboat. Beginning January 1, 1998, from the tax revenue
|
23 |
| deposited in the State Gaming Fund under this Section, an |
24 |
| amount equal to 5% of
adjusted gross receipts generated by a |
25 |
| riverboat shall be paid monthly, subject
to appropriation by |
26 |
| the General Assembly, to the unit of local government that
is |
27 |
| designated as the home dock of the riverboat. From the tax |
28 |
| revenue
deposited in the State Gaming Fund pursuant to |
29 |
| riverboat gambling operations
conducted by a licensed manager |
30 |
| on behalf of the State, an amount equal to 5%
of adjusted gross |
31 |
| receipts generated pursuant to those riverboat gambling
|
32 |
| operations shall be paid monthly,
subject to appropriation by |
33 |
| the General Assembly, to the unit of local
government that is |
34 |
| designated as the home dock of the riverboat upon which
those |
|
|
|
09400HB1917ham001 |
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LRB094 02936 AMC 45095 a |
|
|
1 |
| riverboat gambling operations are conducted.
|
2 |
| (c) Appropriations, as approved by the General Assembly, |
3 |
| may be made
from the State Gaming Fund to the Department of |
4 |
| Revenue and the Department
of State Police for the |
5 |
| administration and enforcement of this Act, or to the
|
6 |
| Department of Human Services for the administration of programs |
7 |
| to treat
problem gambling.
|
8 |
| (c-5) (Blank).
After the payments required under |
9 |
| subsections (b) and (c) have been
made, an amount equal to 15% |
10 |
| of the adjusted gross receipts of (1) an owners
licensee that |
11 |
| relocates pursuant to Section 11.2,
(2) an owners
license |
12 |
| conducting riverboat gambling operations
pursuant to an
owners |
13 |
| license that is initially issued after June
25, 1999,
or (3) |
14 |
| the first
riverboat gambling operations conducted by a licensed |
15 |
| manager on behalf of the
State under Section
7.2,
whichever |
16 |
| comes first, shall be paid from the State
Gaming Fund into the |
17 |
| Horse Racing Equity Fund.
|
18 |
| (c-10) (Blank).
Each year the General Assembly shall |
19 |
| appropriate from the General
Revenue Fund to the Education |
20 |
| Assistance Fund an amount equal to the amount
paid into the |
21 |
| Horse Racing Equity Fund pursuant to subsection (c-5) in the
|
22 |
| prior calendar year.
|
23 |
| (c-15) After the payments required under subsections (b), |
24 |
| (c), and (c-5)
have been made, an amount equal to 2% of the |
25 |
| adjusted gross receipts of (1)
an owners licensee that |
26 |
| relocates pursuant to Section 11.2, (2) an owners
licensee |
27 |
| conducting riverboat gambling operations pursuant to
an
owners |
28 |
| license that is initially issued after June 25, 1999,
or (3) |
29 |
| the first
riverboat gambling operations conducted by a licensed |
30 |
| manager on behalf of the
State under Section 7.3
7.2 ,
whichever |
31 |
| comes first, shall be paid, subject to appropriation
from the |
32 |
| General Assembly, from the State Gaming Fund to each home rule
|
33 |
| county with a population of over 3,000,000 inhabitants for the |
34 |
| purpose of
enhancing the county's criminal justice system.
|
|
|
|
09400HB1917ham001 |
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LRB094 02936 AMC 45095 a |
|
|
1 |
| (c-20) Each year the General Assembly shall appropriate |
2 |
| from the General
Revenue Fund to the Education Assistance Fund |
3 |
| an amount equal to the amount
paid to each home rule county |
4 |
| with a population of over 3,000,000 inhabitants
pursuant to |
5 |
| subsection (c-15) in the prior calendar year.
|
6 |
| (c-25) After the payments required under subsections (b), |
7 |
| (c), (c-5) and
(c-15) have been made, an amount equal to 2% of |
8 |
| the
adjusted gross receipts of (1) an owners licensee
license
|
9 |
| that
relocates pursuant to Section 11.2, (2) an
owners
licensee
|
10 |
| license conducting riverboat gambling operations pursuant to
|
11 |
| an
owners license
that is initially issued after June 25, 1999,
|
12 |
| or (3) the first
riverboat gambling operations conducted by a |
13 |
| licensed manager on behalf of the
State under Section 7.3
7.2 ,
|
14 |
| whichever
comes first,
shall be paid from the State
Gaming Fund |
15 |
| to Chicago State University.
|
16 |
| (d) From time to time, the
Board shall transfer the |
17 |
| remainder of the funds
generated by this Act into the Education
|
18 |
| Assistance Fund, created by Public Act 86-0018, of the State of |
19 |
| Illinois.
|
20 |
| (e) Nothing in this Act shall prohibit the unit of local |
21 |
| government
designated as the home dock of the riverboat from |
22 |
| entering into agreements
with other units of local government |
23 |
| in this State or in other states to
share its portion of the |
24 |
| tax revenue.
|
25 |
| (f) To the extent practicable, the Board shall administer |
26 |
| and collect the
wagering taxes imposed by this Section in a |
27 |
| manner consistent with the
provisions of Sections 4, 5, 5a, 5b, |
28 |
| 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of the |
29 |
| Retailers' Occupation Tax Act and Section 3-7 of the
Uniform |
30 |
| Penalty and Interest Act.
|
31 |
| (Source: P.A. 92-595, eff. 6-28-02; 93-27, eff. 6-20-03; 93-28, |
32 |
| eff.
6-20-03; revised 1-28-04.)
|
33 |
| (230 ILCS 10/23) (from Ch. 120, par. 2423)
|
|
|
|
09400HB1917ham001 |
- 23 - |
LRB094 02936 AMC 45095 a |
|
|
1 |
| Sec. 23. The State Gaming Fund. On or after the effective |
2 |
| date of
this Act, except as provided for payments into the |
3 |
| Horse Racing Equity Trust Fund under subsection (a) of Section |
4 |
| 7, all of the fees and taxes collected pursuant to
subsections |
5 |
| of this Act shall be deposited into the State Gaming Fund, a
|
6 |
| special fund in the State Treasury, which is hereby created. |
7 |
| The adjusted
gross receipts of any riverboat gambling |
8 |
| operations conducted by a licensed
manager on behalf of the |
9 |
| State remaining after the payment of the fees and
expenses of |
10 |
| the licensed manager shall be deposited into the State Gaming
|
11 |
| Fund. Fines and
penalties collected pursuant to this Act shall |
12 |
| be deposited into the
Education Assistance Fund, created by |
13 |
| Public Act 86-0018, of the State of
Illinois.
|
14 |
| (Source: P.A. 93-28, eff. 6-20-03.)
|
15 |
| (30 ILCS 105/5.490 rep.)
|
16 |
| Section 20. The State Finance Act is amended by repealing |
17 |
| Section 5.490. |
18 |
| Section 97. Severability. The provisions of this Act are |
19 |
| severable under Section 1.31 of the Statute on Statutes.
|
20 |
| Section 99. Effective date. This Act takes effect upon |
21 |
| becoming law.".
|