Illinois General Assembly - Full Text of HB2651
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Full Text of HB2651  95th General Assembly

HB2651eng 95TH GENERAL ASSEMBLY



 


 
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1     AN ACT concerning gaming.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Horse Racing Act of 1975 is amended
5 by changing Section 54.5 as follows:
 
6     (230 ILCS 5/54.5)
7     (Section scheduled to be repealed on May 26, 2008)
8     Sec. 54.5. Horse Racing Equity Trust Fund.
9     (a) There is created a Fund to be known as the Horse Racing
10 Equity Trust Fund, which is a non-appropriated trust fund held
11 separate and apart from State moneys. The Fund shall consist of
12 moneys paid into it by owners licensees under the Riverboat
13 Gambling Act for the purposes described in this Section. The
14 Fund shall be administered by the Board. Moneys in the Fund
15 shall be distributed as directed and certified by the Board in
16 accordance with the provisions of subsection (b).
17     (b) The moneys deposited into the Fund, plus any accrued
18 interest on those moneys, shall be distributed within 10 days
19 after those moneys are deposited into the Fund as follows:
20         (1) Sixty percent of all moneys distributed under this
21     subsection shall be distributed to organization licensees
22     to be distributed at their race meetings as purses.
23     Fifty-seven percent of the amount distributed under this

 

 

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1     paragraph (1) shall be distributed for thoroughbred race
2     meetings and 43% shall be distributed for standardbred race
3     meetings. Within each breed, moneys shall be allocated to
4     each organization licensee's purse fund in accordance with
5     the ratio between the purses generated for that breed by
6     that licensee during the prior calendar year and the total
7     purses generated throughout the State for that breed during
8     the prior calendar year by licensees in the current
9     calendar year.
10         (2) The remaining 40% of the moneys distributed under
11     this subsection (b) shall be distributed as follows:
12             (A) 11% shall be distributed to any person (or its
13         successors or assigns) who had operating control of a
14         racetrack that conducted live racing in 2002 at a
15         racetrack in a county with at least 230,000 inhabitants
16         that borders the Mississippi River and is a licensee in
17         the current year; and
18             (B) the remaining 89% shall be distributed pro rata
19         according to the aggregate proportion of total handle
20         from wagering on live races conducted in Illinois
21         (irrespective of where the wagers are placed) for
22         calendar years 2004 and 2005 to any person (or its
23         successors or assigns) who (i) had majority operating
24         control of a racing facility at which live racing was
25         conducted in calendar year 2002, (ii) is a licensee in
26         the current year, and (iii) is not eligible to receive

 

 

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1         moneys under subparagraph (A) of this paragraph (2).
2             The moneys received by an organization licensee
3         under this paragraph (2) shall be used by each
4         organization licensee to improve, maintain, market,
5         and otherwise operate its racing facilities to conduct
6         live racing, which shall include backstretch services
7         and capital improvements related to live racing and the
8         backstretch. Any organization licensees sharing common
9         ownership may pool the moneys received and spent at all
10         racing facilities commonly owned in order to meet these
11         requirements.
12         If any person identified in this paragraph (2) becomes
13     ineligible to receive moneys from the Fund, such amount
14     shall be redistributed among the remaining persons in
15     proportion to their percentages otherwise calculated.
16     (c) The Board shall monitor organization licensees to
17 ensure that moneys paid to organization licensees under this
18 Section are distributed by the organization licensees as
19 provided in subsection (b).
20     (d) This Section is repealed on July 1, 2011 2 years after
21 the effective date of this amendatory Act of the 94th General
22 Assembly.
23     (e) Notwithstanding any other rulemaking authority that
24 may exist, neither the Governor nor any agency or agency head
25 under the jurisdiction of the Governor has any authority to
26 make or promulgate rules to implement or enforce the provisions

 

 

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1 of this amendatory Act of the 95th General Assembly. If,
2 however, the Governor believes that rules are necessary to
3 implement or enforce the provisions of this amendatory Act of
4 the 95th General Assembly, the Governor may suggest rules to
5 the General Assembly by filing them with the Clerk of the House
6 and the Secretary of the Senate and by requesting that the
7 General Assembly authorize such rulemaking by law, enact those
8 suggested rules into law, or take any other appropriate action
9 in the General Assembly's discretion. Nothing contained in this
10 amendatory Act of the 95th General Assembly shall be
11 interpreted to grant rulemaking authority under any other
12 Illinois statute where such authority is not otherwise
13 explicitly given. For the purposes of this amendatory Act of
14 the 95th General Assembly, "rules" is given the meaning
15 contained in Section 1-70 of the Illinois Administrative
16 Procedure Act, and "agency" and "agency head" are given the
17 meanings contained in Sections 1-20 and 1-25 of the Illinois
18 Administrative Procedure Act to the extent that such
19 definitions apply to agencies or agency heads under the
20 jurisdiction of the Governor.
21 (Source: P.A. 94-804, eff. 5-26-06.)
 
22     Section 10. The Riverboat Gambling Act is amended by
23 changing Sections 7 and 13 as follows:
 
24     (230 ILCS 10/7)  (from Ch. 120, par. 2407)

 

 

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1     Sec. 7. Owners Licenses.
2     (a) The Board shall issue owners licenses to persons, firms
3 or corporations which apply for such licenses upon payment to
4 the Board of the non-refundable license fee set by the Board,
5 upon payment of a $25,000 license fee for the first year of
6 operation and a $5,000 license fee for each succeeding year and
7 upon a determination by the Board that the applicant is
8 eligible for an owners license pursuant to this Act and the
9 rules of the Board. From May 26, 2006 until (i) June 30, 2011,
10 (ii) the date any organization licensee begins to operate a
11 slot machine or video game of chance under the Illinois Horse
12 Racing Act of 1975 or this Act, or (iii) the wagering tax
13 imposed under Section 13 of this Act is increased by law to
14 reflect a tax rate that is at least as stringent or more
15 stringent than the tax rate contained in subsection (a-3) of
16 Section 13, whichever occurs first For a period of 2 years
17 beginning on the effective date of this amendatory Act of the
18 94th General Assembly, as a condition of licensure and as an
19 alternative source of payment for those funds payable under
20 subsection (c-5) of Section 13 of the Riverboat Gambling Act,
21 any owners licensee that holds or receives its owners license
22 on or after the effective date of this amendatory Act of the
23 94th General Assembly, other than an owners licensee operating
24 a riverboat with adjusted gross receipts in calendar year 2004
25 of less than $200,000,000, must pay into the Horse Racing
26 Equity Trust Fund, in addition to any other payments required

 

 

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1 under this Act, an amount equal to 3% of the adjusted gross
2 receipts received by the owners licensee. The payments required
3 under this Section shall be made by the owners licensee to the
4 State Treasurer no later than 3:00 o'clock p.m. of the day
5 after the day when the adjusted gross receipts were received by
6 the owners licensee. A person, firm or corporation is
7 ineligible to receive an owners license if:
8         (1) the person has been convicted of a felony under the
9     laws of this State, any other state, or the United States;
10         (2) the person has been convicted of any violation of
11     Article 28 of the Criminal Code of 1961, or substantially
12     similar laws of any other jurisdiction;
13         (3) the person has submitted an application for a
14     license under this Act which contains false information;
15         (4) the person is a member of the Board;
16         (5) a person defined in (1), (2), (3) or (4) is an
17     officer, director or managerial employee of the firm or
18     corporation;
19         (6) the firm or corporation employs a person defined in
20     (1), (2), (3) or (4) who participates in the management or
21     operation of gambling operations authorized under this
22     Act;
23         (7) (blank); or
24         (8) a license of the person, firm or corporation issued
25     under this Act, or a license to own or operate gambling
26     facilities in any other jurisdiction, has been revoked.

 

 

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1     (b) In determining whether to grant an owners license to an
2 applicant, the Board shall consider:
3         (1) the character, reputation, experience and
4     financial integrity of the applicants and of any other or
5     separate person that either:
6             (A) controls, directly or indirectly, such
7         applicant, or
8             (B) is controlled, directly or indirectly, by such
9         applicant or by a person which controls, directly or
10         indirectly, such applicant;
11         (2) the facilities or proposed facilities for the
12     conduct of riverboat gambling;
13         (3) the highest prospective total revenue to be derived
14     by the State from the conduct of riverboat gambling;
15         (4) the extent to which the ownership of the applicant
16     reflects the diversity of the State by including minority
17     persons and females and the good faith affirmative action
18     plan of each applicant to recruit, train and upgrade
19     minority persons and females in all employment
20     classifications;
21         (5) the financial ability of the applicant to purchase
22     and maintain adequate liability and casualty insurance;
23         (6) whether the applicant has adequate capitalization
24     to provide and maintain, for the duration of a license, a
25     riverboat;
26         (7) the extent to which the applicant exceeds or meets

 

 

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1     other standards for the issuance of an owners license which
2     the Board may adopt by rule; and
3         (8) The amount of the applicant's license bid.
4     (c) Each owners license shall specify the place where
5 riverboats shall operate and dock.
6     (d) Each applicant shall submit with his application, on
7 forms provided by the Board, 2 sets of his fingerprints.
8     (e) The Board may issue up to 10 licenses authorizing the
9 holders of such licenses to own riverboats. In the application
10 for an owners license, the applicant shall state the dock at
11 which the riverboat is based and the water on which the
12 riverboat will be located. The Board shall issue 5 licenses to
13 become effective not earlier than January 1, 1991. Three of
14 such licenses shall authorize riverboat gambling on the
15 Mississippi River, or, with approval by the municipality in
16 which the riverboat was docked on August 7, 2003 and with Board
17 approval, be authorized to relocate to a new location, in a
18 municipality that (1) borders on the Mississippi River or is
19 within 5 miles of the city limits of a municipality that
20 borders on the Mississippi River and (2), on August 7, 2003,
21 had a riverboat conducting riverboat gambling operations
22 pursuant to a license issued under this Act; one of which shall
23 authorize riverboat gambling from a home dock in the city of
24 East St. Louis. One other license shall authorize riverboat
25 gambling on the Illinois River south of Marshall County. The
26 Board shall issue one additional license to become effective

 

 

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1 not earlier than March 1, 1992, which shall authorize riverboat
2 gambling on the Des Plaines River in Will County. The Board may
3 issue 4 additional licenses to become effective not earlier
4 than March 1, 1992. In determining the water upon which
5 riverboats will operate, the Board shall consider the economic
6 benefit which riverboat gambling confers on the State, and
7 shall seek to assure that all regions of the State share in the
8 economic benefits of riverboat gambling.
9     In granting all licenses, the Board may give favorable
10 consideration to economically depressed areas of the State, to
11 applicants presenting plans which provide for significant
12 economic development over a large geographic area, and to
13 applicants who currently operate non-gambling riverboats in
14 Illinois. The Board shall review all applications for owners
15 licenses, and shall inform each applicant of the Board's
16 decision. The Board may grant an owners license to an applicant
17 that has not submitted the highest license bid, but if it does
18 not select the highest bidder, the Board shall issue a written
19 decision explaining why another applicant was selected and
20 identifying the factors set forth in this Section that favored
21 the winning bidder.
22     In addition to any other revocation powers granted to the
23 Board under this Act, the Board may revoke the owners license
24 of a licensee which fails to begin conducting gambling within
25 15 months of receipt of the Board's approval of the application
26 if the Board determines that license revocation is in the best

 

 

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1 interests of the State.
2     (f) The first 10 owners licenses issued under this Act
3 shall permit the holder to own up to 2 riverboats and equipment
4 thereon for a period of 3 years after the effective date of the
5 license. Holders of the first 10 owners licenses must pay the
6 annual license fee for each of the 3 years during which they
7 are authorized to own riverboats.
8     (g) Upon the termination, expiration, or revocation of each
9 of the first 10 licenses, which shall be issued for a 3 year
10 period, all licenses are renewable annually upon payment of the
11 fee and a determination by the Board that the licensee
12 continues to meet all of the requirements of this Act and the
13 Board's rules. However, for licenses renewed on or after May 1,
14 1998, renewal shall be for a period of 4 years, unless the
15 Board sets a shorter period.
16     (h) An owners license shall entitle the licensee to own up
17 to 2 riverboats. A licensee shall limit the number of gambling
18 participants to 1,200 for any such owners license. A licensee
19 may operate both of its riverboats concurrently, provided that
20 the total number of gambling participants on both riverboats
21 does not exceed 1,200. Riverboats licensed to operate on the
22 Mississippi River and the Illinois River south of Marshall
23 County shall have an authorized capacity of at least 500
24 persons. Any other riverboat licensed under this Act shall have
25 an authorized capacity of at least 400 persons.
26     (i) A licensed owner is authorized to apply to the Board

 

 

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1 for and, if approved therefor, to receive all licenses from the
2 Board necessary for the operation of a riverboat, including a
3 liquor license, a license to prepare and serve food for human
4 consumption, and other necessary licenses. All use, occupation
5 and excise taxes which apply to the sale of food and beverages
6 in this State and all taxes imposed on the sale or use of
7 tangible personal property apply to such sales aboard the
8 riverboat.
9     (j) The Board may issue or re-issue a license authorizing a
10 riverboat to dock in a municipality or approve a relocation
11 under Section 11.2 only if, prior to the issuance or
12 re-issuance of the license or approval, the governing body of
13 the municipality in which the riverboat will dock has by a
14 majority vote approved the docking of riverboats in the
15 municipality. The Board may issue or re-issue a license
16 authorizing a riverboat to dock in areas of a county outside
17 any municipality or approve a relocation under Section 11.2
18 only if, prior to the issuance or re-issuance of the license or
19 approval, the governing body of the county has by a majority
20 vote approved of the docking of riverboats within such areas.
21     (k) Notwithstanding any other rulemaking authority that
22 may exist, neither the Governor nor any agency or agency head
23 under the jurisdiction of the Governor has any authority to
24 make or promulgate rules to implement or enforce the provisions
25 of this amendatory Act of the 95th General Assembly. If,
26 however, the Governor believes that rules are necessary to

 

 

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1 implement or enforce the provisions of this amendatory Act of
2 the 95th General Assembly, the Governor may suggest rules to
3 the General Assembly by filing them with the Clerk of the House
4 and the Secretary of the Senate and by requesting that the
5 General Assembly authorize such rulemaking by law, enact those
6 suggested rules into law, or take any other appropriate action
7 in the General Assembly's discretion. Nothing contained in this
8 amendatory Act of the 95th General Assembly shall be
9 interpreted to grant rulemaking authority under any other
10 Illinois statute where such authority is not otherwise
11 explicitly given. For the purposes of this amendatory Act of
12 the 95th General Assembly, "rules" is given the meaning
13 contained in Section 1-70 of the Illinois Administrative
14 Procedure Act, and "agency" and "agency head" are given the
15 meanings contained in Sections 1-20 and 1-25 of the Illinois
16 Administrative Procedure Act to the extent that such
17 definitions apply to agencies or agency heads under the
18 jurisdiction of the Governor.
19 (Source: P.A. 93-28, eff. 6-20-03; 93-453, eff. 8-7-03; 94-667,
20 eff. 8-23-05; 94-804, eff. 5-26-06.)
 
21     (230 ILCS 10/13)  (from Ch. 120, par. 2413)
22     Sec. 13. Wagering tax; rate; distribution.
23     (a) Until January 1, 1998, a tax is imposed on the adjusted
24 gross receipts received from gambling games authorized under
25 this Act at the rate of 20%.

 

 

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1     (a-1) From January 1, 1998 until July 1, 2002, a privilege
2 tax is imposed on persons engaged in the business of conducting
3 riverboat gambling operations, based on the adjusted gross
4 receipts received by a licensed owner from gambling games
5 authorized under this Act at the following rates:
6         15% of annual adjusted gross receipts up to and
7     including $25,000,000;
8         20% of annual adjusted gross receipts in excess of
9     $25,000,000 but not exceeding $50,000,000;
10         25% of annual adjusted gross receipts in excess of
11     $50,000,000 but not exceeding $75,000,000;
12         30% of annual adjusted gross receipts in excess of
13     $75,000,000 but not exceeding $100,000,000;
14         35% of annual adjusted gross receipts in excess of
15     $100,000,000.
16     (a-2) From July 1, 2002 until July 1, 2003, a privilege tax
17 is imposed on persons engaged in the business of conducting
18 riverboat gambling operations, other than licensed managers
19 conducting riverboat gambling operations on behalf of the
20 State, based on the adjusted gross receipts received by a
21 licensed owner from gambling games authorized under this Act at
22 the following rates:
23         15% of annual adjusted gross receipts up to and
24     including $25,000,000;
25         22.5% of annual adjusted gross receipts in excess of
26     $25,000,000 but not exceeding $50,000,000;

 

 

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1         27.5% of annual adjusted gross receipts in excess of
2     $50,000,000 but not exceeding $75,000,000;
3         32.5% of annual adjusted gross receipts in excess of
4     $75,000,000 but not exceeding $100,000,000;
5         37.5% of annual adjusted gross receipts in excess of
6     $100,000,000 but not exceeding $150,000,000;
7         45% of annual adjusted gross receipts in excess of
8     $150,000,000 but not exceeding $200,000,000;
9         50% of annual adjusted gross receipts in excess of
10     $200,000,000.
11     (a-3) Beginning July 1, 2003, a privilege tax is imposed on
12 persons engaged in the business of conducting riverboat
13 gambling operations, other than licensed managers conducting
14 riverboat gambling operations on behalf of the State, based on
15 the adjusted gross receipts received by a licensed owner from
16 gambling games authorized under this Act at the following
17 rates:
18         15% of annual adjusted gross receipts up to and
19     including $25,000,000;
20         27.5% of annual adjusted gross receipts in excess of
21     $25,000,000 but not exceeding $37,500,000;
22         32.5% of annual adjusted gross receipts in excess of
23     $37,500,000 but not exceeding $50,000,000;
24         37.5% of annual adjusted gross receipts in excess of
25     $50,000,000 but not exceeding $75,000,000;
26         45% of annual adjusted gross receipts in excess of

 

 

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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 that riverboat
14 gambling operations are conducted pursuant to a dormant
15 license; or (iii) the first day that riverboat gambling
16 operations are conducted under the authority of an owners
17 license that is in addition to the 10 owners licenses initially
18 authorized under this Act. For the purposes of this subsection
19 (a-3), the term "dormant license" means an owners license that
20 is authorized by this Act under which no riverboat gambling
21 operations are being conducted on June 20, 2003.
22     (a-4) Beginning on the first day on which the tax imposed
23 under subsection (a-3) is no longer imposed, a privilege tax is
24 imposed on persons engaged in the business of conducting
25 riverboat gambling operations, other than licensed managers
26 conducting riverboat gambling operations on behalf of the

 

 

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1 State, based on the adjusted gross receipts received by a
2 licensed owner from gambling games authorized under this Act at
3 the following rates:
4         15% of annual adjusted gross receipts up to and
5     including $25,000,000;
6         22.5% of annual adjusted gross receipts in excess of
7     $25,000,000 but not exceeding $50,000,000;
8         27.5% of annual adjusted gross receipts in excess of
9     $50,000,000 but not exceeding $75,000,000;
10         32.5% of annual adjusted gross receipts in excess of
11     $75,000,000 but not exceeding $100,000,000;
12         37.5% of annual adjusted gross receipts in excess of
13     $100,000,000 but not exceeding $150,000,000;
14         45% of annual adjusted gross receipts in excess of
15     $150,000,000 but not exceeding $200,000,000;
16         50% of annual adjusted gross receipts in excess of
17     $200,000,000.
18     (a-8) Riverboat gambling operations conducted by a
19 licensed manager on behalf of the State are not subject to the
20 tax imposed under this Section.
21     (a-10) The taxes imposed by this Section shall be paid by
22 the licensed owner to the Board not later than 3:00 o'clock
23 p.m. of the day after the day when the wagers were made.
24     (a-15) If the privilege tax imposed under subsection (a-3)
25 is no longer imposed pursuant to item (i) of the last paragraph
26 of subsection (a-3), then by June 15 of each year, each owners

 

 

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1 licensee, other than an owners licensee that admitted 1,000,000
2 persons or fewer in calendar year 2004, must, in addition to
3 the payment of all amounts otherwise due under this Section,
4 pay to the Board a reconciliation payment in the amount, if
5 any, by which the licensed owner's base amount exceeds the
6 amount of net privilege tax paid by the licensed owner to the
7 Board in the then current State fiscal year. A licensed owner's
8 net privilege tax obligation due for the balance of the State
9 fiscal year shall be reduced up to the total of the amount paid
10 by the licensed owner in its June 15 reconciliation payment.
11 The obligation imposed by this subsection (a-15) is binding on
12 any person, firm, corporation, or other entity that acquires an
13 ownership interest in any such owners license. The obligation
14 imposed under this subsection (a-15) terminates on the earliest
15 of: (i) July 1, 2007, (ii) the first day after the effective
16 date of this amendatory Act of the 94th General Assembly that
17 riverboat gambling operations are conducted pursuant to a
18 dormant license, (iii) the first day that riverboat gambling
19 operations are conducted under the authority of an owners
20 license that is in addition to the 10 owners licenses initially
21 authorized under this Act, or (iv) the first day that a
22 licensee under the Illinois Horse Racing Act of 1975 conducts
23 gaming operations with slot machines or other electronic gaming
24 devices. The Board must reduce the obligation imposed under
25 this subsection (a-15) by an amount the Board deems reasonable
26 for any of the following reasons: (A) an act or acts of God,

 

 

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1 (B) an act of bioterrorism or terrorism or a bioterrorism or
2 terrorism threat that was investigated by a law enforcement
3 agency, or (C) a condition beyond the control of the owners
4 licensee that does not result from any act or omission by the
5 owners licensee or any of its agents and that poses a hazardous
6 threat to the health and safety of patrons. If an owners
7 licensee pays an amount in excess of its liability under this
8 Section, the Board shall apply the overpayment to future
9 payments required under this Section.
10     For purposes of this subsection (a-15):
11     "Act of God" means an incident caused by the operation of
12 an extraordinary force that cannot be foreseen, that cannot be
13 avoided by the exercise of due care, and for which no person
14 can be held liable.
15     "Base amount" means the following:
16         For a riverboat in Alton, $31,000,000.
17         For a riverboat in East Peoria, $43,000,000.
18         For the Empress riverboat in Joliet, $86,000,000.
19         For a riverboat in Metropolis, $45,000,000.
20         For the Harrah's riverboat in Joliet, $114,000,000.
21         For a riverboat in Aurora, $86,000,000.
22         For a riverboat in East St. Louis, $48,500,000.
23         For a riverboat in Elgin, $198,000,000.
24     "Dormant license" has the meaning ascribed to it in
25 subsection (a-3).
26     "Net privilege tax" means all privilege taxes paid by a

 

 

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1 licensed owner to the Board under this Section, less all
2 payments made from the State Gaming Fund pursuant to subsection
3 (b) of this Section.
4     The changes made to this subsection (a-15) by Public Act
5 94-839 are intended to restate and clarify the intent of Public
6 Act 94-673 with respect to the amount of the payments required
7 to be made under this subsection by an owners licensee to the
8 Board.
9     (b) Until January 1, 1998, 25% of the tax revenue deposited
10 in the State Gaming Fund under this Section shall be paid,
11 subject to appropriation by the General Assembly, to the unit
12 of local government which is designated as the home dock of the
13 riverboat. Beginning January 1, 1998, from the tax revenue
14 deposited in the State Gaming Fund under this Section, an
15 amount equal to 5% of adjusted gross receipts generated by a
16 riverboat shall be paid monthly, subject to appropriation by
17 the General Assembly, to the unit of local government that is
18 designated as the home dock of the riverboat. From the tax
19 revenue deposited in the State Gaming Fund pursuant to
20 riverboat gambling operations conducted by a licensed manager
21 on behalf of the State, an amount equal to 5% of adjusted gross
22 receipts generated pursuant to those riverboat gambling
23 operations shall be paid monthly, subject to appropriation by
24 the General Assembly, to the unit of local government that is
25 designated as the home dock of the riverboat upon which those
26 riverboat gambling operations are conducted.

 

 

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1     (c) Appropriations, as approved by the General Assembly,
2 may be made from the State Gaming Fund to the Department of
3 Revenue and the Department of State Police for the
4 administration and enforcement of this Act, or to the
5 Department of Human Services for the administration of programs
6 to treat problem gambling.
7     (c-5) Before May 26, 2006 (the effective date of Public Act
8 94-804) and beginning June 30, 2011, unless any organization
9 licensee under the Illinois Horse Racing Act of 1975 begins to
10 operate a slot machine or video game of chance under the
11 Illinois Horse Racing Act of 1975 or this Act 2 years after May
12 26, 2006 (the effective date of Public Act 94-804), after the
13 payments required under subsections (b) and (c) have been made,
14 an amount equal to 15% of the adjusted gross receipts of (1) an
15 owners licensee that relocates pursuant to Section 11.2, (2) an
16 owners licensee conducting riverboat gambling operations
17 pursuant to an owners license that is initially issued after
18 June 25, 1999, or (3) the first riverboat gambling operations
19 conducted by a licensed manager on behalf of the State under
20 Section 7.3, whichever comes first, shall be paid from the
21 State Gaming Fund into the Horse Racing Equity Fund.
22     Notwithstanding any other rulemaking authority that may
23 exist, neither the Governor nor any agency or agency head under
24 the jurisdiction of the Governor has any authority to make or
25 promulgate rules to implement or enforce the provisions of this
26 amendatory Act of the 95th General Assembly. If, however, the

 

 

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1 Governor believes that rules are necessary to implement or
2 enforce the provisions of this amendatory Act of the 95th
3 General Assembly, the Governor may suggest rules to the General
4 Assembly by filing them with the Clerk of the House and the
5 Secretary of the Senate and by requesting that the General
6 Assembly authorize such rulemaking by law, enact those
7 suggested rules into law, or take any other appropriate action
8 in the General Assembly's discretion. Nothing contained in this
9 amendatory Act of the 95th General Assembly shall be
10 interpreted to grant rulemaking authority under any other
11 Illinois statute where such authority is not otherwise
12 explicitly given. For the purposes of this amendatory Act of
13 the 95th General Assembly, "rules" is given the meaning
14 contained in Section 1-70 of the Illinois Administrative
15 Procedure Act, and "agency" and "agency head" are given the
16 meanings contained in Sections 1-20 and 1-25 of the Illinois
17 Administrative Procedure Act to the extent that such
18 definitions apply to agencies or agency heads under the
19 jurisdiction of the Governor.
20     (c-10) Each year the General Assembly shall appropriate
21 from the General Revenue Fund to the Education Assistance Fund
22 an amount equal to the amount paid into the Horse Racing Equity
23 Fund pursuant to subsection (c-5) in the prior calendar year.
24     (c-15) After the payments required under subsections (b),
25 (c), and (c-5) have been made, an amount equal to 2% of the
26 adjusted gross receipts of (1) an owners licensee that

 

 

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1 relocates pursuant to Section 11.2, (2) an owners licensee
2 conducting riverboat gambling operations pursuant to an owners
3 license that is initially issued after June 25, 1999, or (3)
4 the first riverboat gambling operations conducted by a licensed
5 manager on behalf of the State under Section 7.3, whichever
6 comes first, shall be paid, subject to appropriation from the
7 General Assembly, from the State Gaming Fund to each home rule
8 county with a population of over 3,000,000 inhabitants for the
9 purpose of enhancing the county's criminal justice system.
10     (c-20) Each year the General Assembly shall appropriate
11 from the General Revenue Fund to the Education Assistance Fund
12 an amount equal to the amount paid to each home rule county
13 with a population of over 3,000,000 inhabitants pursuant to
14 subsection (c-15) in the prior calendar year.
15     (c-25) After the payments required under subsections (b),
16 (c), (c-5) and (c-15) have been made, an amount equal to 2% of
17 the adjusted gross receipts of (1) an owners licensee that
18 relocates pursuant to Section 11.2, (2) an owners licensee
19 conducting riverboat gambling operations pursuant to an owners
20 license that is initially issued after June 25, 1999, or (3)
21 the first riverboat gambling operations conducted by a licensed
22 manager on behalf of the State under Section 7.3, whichever
23 comes first, shall be paid from the State Gaming Fund to
24 Chicago State University.
25     (d) From time to time, the Board shall transfer the
26 remainder of the funds generated by this Act into the Education

 

 

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1 Assistance Fund, created by Public Act 86-0018, of the State of
2 Illinois.
3     (e) Nothing in this Act shall prohibit the unit of local
4 government designated as the home dock of the riverboat from
5 entering into agreements with other units of local government
6 in this State or in other states to share its portion of the
7 tax revenue.
8     (f) To the extent practicable, the Board shall administer
9 and collect the wagering taxes imposed by this Section 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. 94-673, eff. 8-23-05; 94-804, eff. 5-26-06;
15 94-839, eff. 6-6-06; 95-331, eff. 8-21-07.)
 
16     Section 99. Effective date. This Act takes effect upon
17 becoming law.