Full Text of HB0025 95th General Assembly
HB0025eng 95TH GENERAL ASSEMBLY
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HB0025 Engrossed |
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LRB095 03694 AMC 23721 b |
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| AN ACT concerning gaming.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Riverboat Gambling Act is amended by | 5 |
| changing Sections 4, 6, 7, 9, 11, 13, and 18 as follows:
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| (230 ILCS 10/4) (from Ch. 120, par. 2404)
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| Sec. 4. Definitions. As used in this Act:
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| (a) "Board" means the Illinois Gaming Board.
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| (b) "Occupational license" means a license issued by the | 10 |
| Board to a
person or entity to perform an occupation which the | 11 |
| Board has identified as
requiring a license to engage in | 12 |
| riverboat gambling in Illinois.
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| (c) "Gambling game" includes, but is not limited to, | 14 |
| baccarat,
twenty-one, poker, craps, slot machine, video game of | 15 |
| chance, roulette
wheel, klondike table, punchboard, faro | 16 |
| layout, keno layout, numbers
ticket, push card, jar ticket, or | 17 |
| pull tab which is authorized by the Board
as a wagering device | 18 |
| under this Act.
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| (d) "Riverboat" means a self-propelled excursion boat, a
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| permanently moored barge, or permanently moored barges that are | 21 |
| permanently
fixed together to operate as one vessel, on which | 22 |
| lawful gambling is
authorized and licensed as
provided in this | 23 |
| Act.
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LRB095 03694 AMC 23721 b |
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| (e) "Managers license" means a license issued by the Board | 2 |
| to a person or
entity
to manage gambling operations conducted | 3 |
| by the State pursuant to Section 7.3
7.2 .
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| (f) "Dock" means the location where a riverboat moors for | 5 |
| the purpose of
embarking passengers for and disembarking | 6 |
| passengers from the riverboat.
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| (g) "Gross receipts" means the total amount of money | 8 |
| exchanged for the
purchase of chips, tokens or electronic cards | 9 |
| by riverboat patrons.
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| (h) "Adjusted gross receipts" means the gross receipts less
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| winnings paid to wagerers.
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| (i) "Cheat" means to alter the selection of criteria which | 13 |
| determine the
result of a gambling game or the amount or | 14 |
| frequency of payment in a gambling
game.
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| (j) "Department" means the Department of Revenue.
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| (k) "Gambling operation" means the conduct of authorized | 17 |
| gambling games
upon a riverboat.
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| (l) "License bid" means the lump sum amount of money that | 19 |
| an applicant
bids and agrees to pay the State in return for an | 20 |
| owners license that is
re-issued on or after July 1, 2003.
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| (m) The terms "minority person" ,
and "female" , and "person | 22 |
| with a disability" shall have the same meaning
as
defined in
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| Section 2 of the Business Enterprise for Minorities, Females, | 24 |
| and Persons with
Disabilities Act.
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| (Source: P.A. 92-600, eff. 6-28-02; 93-28, eff. 6-20-03; | 26 |
| revised 1-28-04.)
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LRB095 03694 AMC 23721 b |
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| (230 ILCS 10/6) (from Ch. 120, par. 2406)
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| Sec. 6. Application for Owners License.
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| (a) A qualified person may
apply to the Board for an owners | 4 |
| license to
conduct a riverboat gambling operation as provided | 5 |
| in this Act. The
application shall be made on forms provided by | 6 |
| the Board and shall contain
such information as the Board | 7 |
| prescribes, including but not limited to the
identity of the | 8 |
| riverboat on which such gambling operation is to be
conducted | 9 |
| and the exact location where such riverboat will be docked, a
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| certification that the riverboat will be registered under this | 11 |
| Act at all
times during which gambling operations are conducted | 12 |
| on board, detailed
information regarding the ownership and | 13 |
| management of the applicant, and
detailed personal information | 14 |
| regarding the applicant. Any application for an
owners license | 15 |
| to be re-issued on or after June 1, 2003 shall also
include the | 16 |
| applicant's license bid in a form prescribed by the Board.
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| Information
provided on the application shall be used as a | 18 |
| basis for a thorough
background investigation which the Board | 19 |
| shall conduct with respect to each
applicant. An incomplete | 20 |
| application shall be cause for denial of a license
by the | 21 |
| Board.
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| (b) Applicants shall submit with their application all | 23 |
| documents,
resolutions, and letters of support from the | 24 |
| governing body that represents
the municipality or county | 25 |
| wherein the licensee will dock.
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| (c) Each applicant shall disclose the identity of every | 2 |
| person,
association, trust or corporation having a greater than | 3 |
| 1% direct or
indirect pecuniary interest in the riverboat | 4 |
| gambling operation with
respect to which the license is sought. | 5 |
| If the disclosed entity is a
trust, the application shall | 6 |
| disclose the names and addresses of the
beneficiaries; if a | 7 |
| corporation, the names and
addresses of all stockholders and | 8 |
| directors; if a partnership, the names
and addresses of all | 9 |
| partners, both general and limited.
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| (d) An application shall be filed and considered in | 11 |
| accordance with the rules of the Board
with the Board by | 12 |
| January 1 of the
year preceding any calendar year for which an | 13 |
| applicant seeks an owners
license; however, applications for an | 14 |
| owners license permitting
operations on January 1, 1991 shall | 15 |
| be filed by July 1, 1990 . An
application fee of $50,000 shall | 16 |
| be paid at the time of filing
to defray the costs associated | 17 |
| with the
background investigation conducted by the Board. If | 18 |
| the costs of the
investigation exceed $50,000, the applicant | 19 |
| shall pay the additional amount
to the Board. If the costs of | 20 |
| the investigation are less than $50,000, the
applicant shall | 21 |
| receive a refund of the remaining amount. All
information, | 22 |
| records, interviews, reports, statements, memoranda or other
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| data supplied to or used by the Board in the course of its | 24 |
| review or
investigation of an application for a license under | 25 |
| this Act shall be
privileged, strictly confidential and shall | 26 |
| be used only for the purpose of
evaluating an applicant. Such |
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| information, records, interviews, reports,
statements, | 2 |
| memoranda or other data shall not be admissible as evidence,
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| nor discoverable in any action of any kind in any court or | 4 |
| before any
tribunal, board, agency or person, except for any | 5 |
| action deemed necessary
by the Board.
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| (e) The Board shall charge each applicant a fee set by the | 7 |
| Department of
State Police to defray the costs associated with | 8 |
| the search and
classification of fingerprints obtained by the | 9 |
| Board with respect to the
applicant's application. These fees | 10 |
| shall be paid into the State Police
Services Fund.
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| (f) The licensed owner shall be the person primarily | 12 |
| responsible for the
boat itself. Only one riverboat gambling | 13 |
| operation may be authorized
by the Board on any riverboat. The | 14 |
| applicant must identify each riverboat
it intends to use and | 15 |
| certify that the riverboat: (1) has the authorized
capacity | 16 |
| required in this Act; (2) is accessible to disabled persons; | 17 |
| and
(3) is fully registered and licensed in accordance
with any | 18 |
| applicable laws.
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| (g) A person who knowingly makes a false statement on an | 20 |
| application is
guilty of a Class A misdemeanor.
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| (Source: P.A. 93-28, eff. 6-20-03.)
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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 | 25 |
| 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, | 2 |
| upon payment of a $25,000
license fee for the first year of | 3 |
| operation and a $5,000 license fee for
each succeeding year and | 4 |
| upon a determination by the Board that the
applicant is | 5 |
| eligible for an owners license pursuant to this Act and the
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| rules of the Board. For a period of 2 years beginning on the | 7 |
| effective date of this amendatory Act of the 94th General | 8 |
| Assembly, as a condition of licensure and as an alternative | 9 |
| source of payment for those funds payable under subsection | 10 |
| (c-5) of Section 13 of the Riverboat Gambling Act, any owners | 11 |
| licensee that holds or receives its owners license on or after | 12 |
| the effective date of this amendatory Act of the 94th General | 13 |
| Assembly, other than an owners licensee operating a riverboat | 14 |
| with adjusted gross receipts in calendar year 2004 of less than | 15 |
| $200,000,000, must pay into the Horse Racing Equity Trust Fund, | 16 |
| in addition to any other payments required under this Act, an | 17 |
| amount equal to 3% of the adjusted gross receipts received by | 18 |
| the owners licensee. The payments required under this Section | 19 |
| shall be made by the owners licensee to the State Treasurer no | 20 |
| later than 3:00 o'clock p.m. of the day after the day when the | 21 |
| adjusted gross receipts were received by the owners licensee. A | 22 |
| person, firm or corporation is ineligible to receive
an owners | 23 |
| license if:
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| (1) the person has been convicted of a felony under the | 25 |
| 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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LRB095 03694 AMC 23721 b |
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| Article 28 of the
Criminal Code of 1961, or substantially | 2 |
| similar laws of any other jurisdiction;
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| (3) the person has submitted an application for a | 4 |
| 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 | 7 |
| officer, director or
managerial employee of the firm or | 8 |
| corporation;
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| (6) the firm or corporation employs a person defined in | 10 |
| (1), (2), (3) or
(4) who participates in the management or | 11 |
| operation of gambling operations
authorized under this | 12 |
| Act;
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| (7) (blank); or
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| (8) a license of the person, firm or corporation issued | 15 |
| under
this Act, or a license to own or operate gambling | 16 |
| facilities
in any other jurisdiction, has been revoked.
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| (b) In determining whether to grant an owners license to an | 18 |
| applicant, the
Board shall consider:
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| (1) the character, reputation, experience and | 20 |
| financial integrity of the
applicants and of any other or | 21 |
| separate person that either:
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| (A) controls, directly or indirectly, such | 23 |
| applicant, or
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| (B) is controlled, directly or indirectly, by such | 25 |
| applicant or by a
person which controls, directly or | 26 |
| indirectly, such applicant;
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LRB095 03694 AMC 23721 b |
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| (2) the facilities or proposed facilities for the | 2 |
| conduct of riverboat
gambling;
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| (3) the highest prospective total revenue to be derived | 4 |
| by the State
from the conduct of riverboat gambling;
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| (4) the extent to which the ownership of the applicant | 6 |
| reflects the
diversity of the State by including minority | 7 |
| persons ,
and females , and persons with a disability
and the | 8 |
| good faith affirmative action plan of
each applicant to | 9 |
| recruit, train and upgrade minority persons ,
and females , | 10 |
| and persons with a disability in all employment | 11 |
| classifications;
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| (5) the financial ability of the applicant to purchase | 13 |
| and maintain
adequate liability and casualty insurance;
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| (6) whether the applicant has adequate capitalization | 15 |
| to provide and
maintain, for the duration of a license, a | 16 |
| riverboat;
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| (7) the extent to which the applicant exceeds or meets | 18 |
| other standards
for the issuance of an owners license which | 19 |
| 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 | 22 |
| riverboats shall
operate and dock.
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| (d) Each applicant shall submit with his application, on | 24 |
| 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 | 26 |
| holders of such
licenses to own riverboats. In the application |
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LRB095 03694 AMC 23721 b |
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| for an owners license, the
applicant shall state the dock at | 2 |
| which the riverboat is based and the water
on which the | 3 |
| 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 | 5 |
| such licenses
shall authorize riverboat gambling on the | 6 |
| Mississippi River, or, with approval
by the municipality in | 7 |
| which the
riverboat was docked on August 7, 2003 and with Board | 8 |
| approval, be authorized to relocate to a new location,
in a
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| municipality that (1) borders on the Mississippi River or is | 10 |
| within 5
miles of the city limits of a municipality that | 11 |
| borders on the Mississippi
River and (2), on August 7, 2003, | 12 |
| had a riverboat conducting riverboat gambling operations | 13 |
| pursuant to
a license issued under this Act; one of which shall | 14 |
| authorize riverboat
gambling from a home dock in the city of | 15 |
| East St. Louis. One other license
shall
authorize riverboat | 16 |
| gambling on
the Illinois River south of Marshall County. The | 17 |
| Board shall issue one
additional license to become effective | 18 |
| not earlier than March 1, 1992, which
shall authorize riverboat | 19 |
| gambling on the Des Plaines River in Will County.
The Board may | 20 |
| issue 4 additional licenses to become effective not
earlier | 21 |
| than
March 1, 1992. In determining the water upon which | 22 |
| riverboats will operate,
the Board shall consider the economic | 23 |
| benefit which riverboat gambling confers
on the State, and | 24 |
| shall seek to assure that all regions of the State share
in the | 25 |
| economic benefits of riverboat gambling.
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| In granting all licenses, the Board may give favorable |
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LRB095 03694 AMC 23721 b |
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| consideration to
economically depressed areas of the State, to | 2 |
| applicants presenting plans
which provide for significant | 3 |
| economic development over a large geographic
area, and to | 4 |
| applicants who currently operate non-gambling riverboats in
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| Illinois.
The Board shall review all applications for owners | 6 |
| licenses,
and shall inform each applicant of the Board's | 7 |
| decision.
The Board may grant an owners license to an
applicant | 8 |
| that has not submitted the highest license bid, but if it does | 9 |
| not
select the highest bidder, the Board shall issue a written | 10 |
| decision explaining
why another
applicant was selected and | 11 |
| identifying the factors set forth in this Section
that favored | 12 |
| the winning bidder.
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| In addition to any other revocation powers granted to the | 14 |
| Board under this
Act,
the Board may revoke the owners license | 15 |
| of a licensee which fails
to begin conducting gambling within | 16 |
| 15 months
of receipt of the
Board's approval of the application | 17 |
| if the Board determines that license
revocation is in the best | 18 |
| interests of the State.
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| (f) The first 10 owners licenses issued under this Act | 20 |
| shall permit the
holder to own up to 2 riverboats and equipment | 21 |
| thereon
for a period of 3 years after the effective date of the | 22 |
| license. Holders of
the first 10 owners licenses must pay the | 23 |
| annual license fee for each of
the 3
years during which they | 24 |
| are authorized to own riverboats.
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| (g) Upon the termination, expiration, or revocation of each | 26 |
| of the first
10 licenses, which shall be issued for a 3 year |
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LRB095 03694 AMC 23721 b |
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| period, all licenses are
renewable annually upon payment of the | 2 |
| fee and a determination by the Board
that the licensee | 3 |
| 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, | 5 |
| 1998, renewal shall be
for a period of 4 years, unless the | 6 |
| Board sets a shorter period.
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| (h) An owners license shall entitle the licensee to own up | 8 |
| to 2
riverboats. A licensee shall limit the number of gambling | 9 |
| participants to
1,200 for any such owners license.
A licensee | 10 |
| may operate both of its riverboats concurrently, provided that | 11 |
| the
total number of gambling participants on both riverboats | 12 |
| does not exceed
1,200. Riverboats licensed to operate on the
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| Mississippi River and the Illinois River south of Marshall | 14 |
| County shall
have an authorized capacity of at least 500 | 15 |
| persons. Any other riverboat
licensed under this Act shall have | 16 |
| an authorized capacity of at least 400
persons.
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| (i) A licensed owner is authorized to apply to the Board | 18 |
| for and, if
approved therefor, to receive all licenses from the | 19 |
| Board necessary for the
operation of a riverboat, including a | 20 |
| liquor license, a license
to prepare and serve food for human | 21 |
| consumption, and other necessary
licenses. All use, occupation | 22 |
| and excise taxes which apply to the sale of
food and beverages | 23 |
| in this State and all taxes imposed on the sale or use
of | 24 |
| tangible personal property apply to such sales aboard the | 25 |
| riverboat.
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| (j) The Board may issue or re-issue a license authorizing a |
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LRB095 03694 AMC 23721 b |
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| riverboat to
dock
in a municipality or approve a relocation | 2 |
| under Section 11.2 only if, prior
to the issuance or | 3 |
| re-issuance of
the license or approval, the governing body of | 4 |
| the municipality in which
the riverboat will dock has by a | 5 |
| majority vote approved the docking of
riverboats in the | 6 |
| municipality. The Board may issue or re-issue a license
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| authorizing a
riverboat to dock in areas of a county outside | 8 |
| any municipality or approve a
relocation under Section 11.2 | 9 |
| only if, prior to the issuance or re-issuance
of the license
or | 10 |
| approval, the
governing body of the county has by a majority | 11 |
| vote approved of the docking of
riverboats within such areas.
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| (Source: P.A. 93-28, eff. 6-20-03; 93-453, eff. 8-7-03; 94-667, | 13 |
| eff. 8-23-05; 94-804, eff. 5-26-06.)
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| (230 ILCS 10/9) (from Ch. 120, par. 2409)
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| Sec. 9. Occupational licenses.
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| (a) The Board may issue an occupational license to an | 17 |
| applicant upon the
payment of a non-refundable fee set by the | 18 |
| Board, upon a determination by
the Board that the applicant is | 19 |
| eligible for an occupational license and
upon payment of an | 20 |
| annual license fee in an amount to be established. To
be | 21 |
| eligible for an occupational license, an applicant must:
| 22 |
| (1) be at least 21 years of age if the applicant will | 23 |
| perform any
function involved in gaming by patrons. Any | 24 |
| applicant seeking an
occupational license for a non-gaming | 25 |
| function shall be at least 18 years
of age;
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LRB095 03694 AMC 23721 b |
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| (2) not have been convicted of a felony offense, a | 2 |
| violation of Article
28 of the Criminal Code of 1961, or a | 3 |
| similar statute of any other
jurisdiction , or a crime | 4 |
| involving dishonesty or moral turpitude ;
| 5 |
| (2.5) not have been convicted of a crime, other than a | 6 |
| crime described in item (2) of this subsection (a), | 7 |
| involving dishonesty or moral turpitude, except that the | 8 |
| Board may, in its discretion, issue an occupational license | 9 |
| to a person who has been convicted of a crime described in | 10 |
| this item (2.5) more than 10 years prior to his or her | 11 |
| application and has not subsequently been convicted of any | 12 |
| other crime;
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| (3) have demonstrated a level of skill or knowledge | 14 |
| which the Board
determines to be necessary in order to | 15 |
| operate gambling aboard a riverboat; and
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| (4) have met standards for the holding of an | 17 |
| occupational license as
adopted by rules of the Board. Such | 18 |
| rules shall provide that any person or
entity seeking an | 19 |
| occupational license to manage gambling operations
| 20 |
| hereunder shall be subject to background inquiries and | 21 |
| further requirements
similar to those required of | 22 |
| applicants for an owners license.
Furthermore, such rules | 23 |
| shall provide that each such entity shall be
permitted to | 24 |
| manage gambling operations for only one licensed owner.
| 25 |
| (b) Each application for an occupational license shall be | 26 |
| on forms
prescribed by the Board and shall contain all |
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LRB095 03694 AMC 23721 b |
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| information required by the
Board. The applicant shall set | 2 |
| forth in the application: whether he has been
issued prior | 3 |
| gambling related licenses; whether he has been licensed in any
| 4 |
| other state under any other name, and, if so, such name and his | 5 |
| age; and
whether or not a permit or license issued to him in | 6 |
| any other state has
been suspended, restricted or revoked, and, | 7 |
| if so, for what period of time.
| 8 |
| (c) Each applicant shall submit with his application, on | 9 |
| forms provided
by the Board, 2 sets of his fingerprints. The | 10 |
| Board shall charge each
applicant a fee set by the Department | 11 |
| of State Police to defray the costs
associated with the search | 12 |
| and classification of fingerprints obtained by
the Board with | 13 |
| respect to the applicant's application. These fees shall be
| 14 |
| paid into the State Police Services Fund.
| 15 |
| (d) The Board may in its discretion refuse an occupational | 16 |
| license to
any person: (1) who is unqualified to perform the | 17 |
| duties required of such
applicant; (2) who fails to disclose or | 18 |
| states falsely any information
called for in the application; | 19 |
| (3) who has been found guilty of a
violation of this Act or | 20 |
| whose prior gambling related license or
application therefor | 21 |
| has been suspended, restricted, revoked or denied for
just | 22 |
| cause in any other state; or (4) for any other just cause.
| 23 |
| (e) The Board may suspend, revoke or restrict any | 24 |
| occupational licensee:
(1) for violation of any provision of | 25 |
| this Act; (2) for violation of any
of the rules and regulations | 26 |
| of the Board; (3) for any cause which, if
known to the Board, |
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LRB095 03694 AMC 23721 b |
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| would have disqualified the applicant from receiving
such | 2 |
| license; or (4) for default in the payment of any obligation or | 3 |
| debt
due to the State of Illinois; or (5) for any other just | 4 |
| cause.
| 5 |
| (f) A person who knowingly makes a false statement on an | 6 |
| application is
guilty of a Class A misdemeanor.
| 7 |
| (g) Any license issued pursuant to this Section shall be | 8 |
| valid for a
period of one year from the date of issuance.
| 9 |
| (h) Nothing in this Act shall be interpreted to prohibit a | 10 |
| licensed
owner from entering into an agreement with a public | 11 |
| community college or a school approved under the
Private | 12 |
| Business and Vocational Schools Act for the training of any
| 13 |
| occupational licensee. Any training offered by such a school | 14 |
| shall be in
accordance with a written agreement between the | 15 |
| licensed owner and the school.
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| (i) Any training provided for occupational licensees may be | 17 |
| conducted
either on the riverboat or at a school with which a | 18 |
| licensed owner has
entered into an agreement pursuant to | 19 |
| subsection (h).
| 20 |
| (Source: P.A. 86-1029; 87-826.)
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| (230 ILCS 10/11) (from Ch. 120, par. 2411)
| 22 |
| Sec. 11. Conduct of gambling. Gambling may be conducted by | 23 |
| licensed owners or licensed managers on behalf
of the State | 24 |
| aboard riverboats,
subject to the following standards:
| 25 |
| (1) A licensee may conduct riverboat gambling |
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LRB095 03694 AMC 23721 b |
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| authorized under this Act
regardless of whether it conducts | 2 |
| excursion cruises. A licensee may permit
the continuous | 3 |
| ingress and egress of passengers on a riverboat not used | 4 |
| for excursion cruises for the purpose of gambling. | 5 |
| Excursion cruises shall not exceed 4 hours for a round | 6 |
| trip. However, the Board may grant express approval for an | 7 |
| extended cruise on a case-by-case basis.
| 8 |
| (2) (Blank).
| 9 |
| (3) Minimum and maximum wagers on games shall be set by | 10 |
| the licensee.
| 11 |
| (4) Agents of the Board and the Department of State | 12 |
| Police may board
and inspect any riverboat at any time for | 13 |
| the purpose of determining
whether this Act is being | 14 |
| complied with. Every riverboat, if under way and
being | 15 |
| hailed by a law enforcement officer or agent of the Board, | 16 |
| must stop
immediately and lay to.
| 17 |
| (5) Employees of the Board shall have the right to be | 18 |
| present on the
riverboat or on adjacent facilities under | 19 |
| the control of the licensee.
| 20 |
| (6) Gambling equipment and supplies customarily used | 21 |
| in conducting
riverboat gambling must be purchased or | 22 |
| leased only from suppliers licensed
for such purpose under | 23 |
| this Act. However, the Board may approve the sale or lease | 24 |
| of gambling equipment and supplies by a licensed owner and | 25 |
| a licensed owner may bring gambling equipment and supplies | 26 |
| that it has legally acquired into this State for use in |
|
|
|
HB0025 Engrossed |
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LRB095 03694 AMC 23721 b |
|
| 1 |
| Illinois with the approval of the Board.
| 2 |
| (7) Persons licensed under this Act shall permit no | 3 |
| form of wagering on
gambling games except as permitted by | 4 |
| this Act.
| 5 |
| (8) Wagers may be received only from a person present | 6 |
| on a licensed
riverboat. No person present on a licensed | 7 |
| riverboat shall place
or attempt to place a wager on behalf | 8 |
| of another person who is not present
on the riverboat.
| 9 |
| (9) Wagering shall not be conducted with money or other | 10 |
| negotiable
currency.
| 11 |
| (10) A person under age 21 shall not be permitted on an | 12 |
| area of a
riverboat where gambling is being conducted, | 13 |
| except for a person at least
18 years of age who is an | 14 |
| employee of the riverboat gambling operation. No
employee | 15 |
| under age 21 shall perform any function involved in | 16 |
| gambling by
the patrons. No person under age 21 shall be | 17 |
| permitted to make a wager under
this Act , and any winnings | 18 |
| that are a result of a wager by a person under age 21, | 19 |
| whether or not paid by a licensee, shall be treated as | 20 |
| winnings for the privilege tax purposes, confiscated, and | 21 |
| forfeited to the State and deposited into the Education | 22 |
| Assistance Fund .
| 23 |
| (11) Gambling excursion cruises are permitted only | 24 |
| when the waterway for
which the riverboat is licensed is | 25 |
| navigable, as determined by
the Board in consultation with | 26 |
| the U.S. Army Corps of Engineers.
This paragraph (11) does |
|
|
|
HB0025 Engrossed |
- 18 - |
LRB095 03694 AMC 23721 b |
|
| 1 |
| not limit the ability of a licensee to conduct
gambling | 2 |
| authorized under this Act when gambling excursion cruises | 3 |
| are not
permitted.
| 4 |
| (12) All tokens, chips or electronic cards used to make | 5 |
| wagers must be
purchased from a licensed owner or manager | 6 |
| either aboard a riverboat or at
an onshore
facility which | 7 |
| has been approved by the Board and which is located where
| 8 |
| the riverboat docks. The tokens, chips or electronic cards | 9 |
| may be
purchased by means of an agreement under which the | 10 |
| owner or manager extends
credit to
the patron. Such tokens, | 11 |
| chips or electronic cards may be used
while aboard the | 12 |
| riverboat only for the purpose of making wagers on
gambling | 13 |
| games.
| 14 |
| (13) Notwithstanding any other Section of this Act, in | 15 |
| addition to the
other licenses authorized under this Act, | 16 |
| the Board may issue special event
licenses allowing persons | 17 |
| who are not otherwise licensed to conduct
riverboat | 18 |
| gambling to conduct such gambling on a specified date or | 19 |
| series
of dates. Riverboat gambling under such a license | 20 |
| may take place on a
riverboat not normally used for | 21 |
| riverboat gambling. The Board shall
establish standards, | 22 |
| fees and fines for, and limitations upon, such
licenses, | 23 |
| which may differ from the standards, fees, fines and | 24 |
| limitations
otherwise applicable under this Act. All such | 25 |
| fees shall be deposited into
the State Gaming Fund. All | 26 |
| such fines shall be deposited into the
Education Assistance |
|
|
|
HB0025 Engrossed |
- 19 - |
LRB095 03694 AMC 23721 b |
|
| 1 |
| Fund, created by Public Act 86-0018, of the State
of | 2 |
| Illinois.
| 3 |
| (14) In addition to the above, gambling must be | 4 |
| conducted in accordance
with all rules adopted by the | 5 |
| Board.
| 6 |
| (Source: P.A. 93-28, eff. 6-20-03.)
| 7 |
| (230 ILCS 10/13) (from Ch. 120, par. 2413)
| 8 |
| Sec. 13. Wagering tax; rate; distribution.
| 9 |
| (a) Until January 1, 1998, a tax is imposed on the adjusted | 10 |
| gross
receipts received from gambling games authorized under | 11 |
| this Act at the rate of
20%.
| 12 |
| (a-1) From January 1, 1998 until July 1, 2002, a privilege | 13 |
| tax is
imposed on persons engaged in the business of conducting | 14 |
| riverboat gambling
operations, based on the adjusted gross | 15 |
| receipts received by a licensed owner
from gambling games | 16 |
| authorized under this Act at the following rates:
| 17 |
| 15% of annual adjusted gross receipts up to and | 18 |
| including $25,000,000;
| 19 |
| 20% of annual adjusted gross receipts in excess of | 20 |
| $25,000,000 but not
exceeding $50,000,000;
| 21 |
| 25% of annual adjusted gross receipts in excess of | 22 |
| $50,000,000 but not
exceeding $75,000,000;
| 23 |
| 30% of annual adjusted gross receipts in excess of | 24 |
| $75,000,000 but not
exceeding $100,000,000;
| 25 |
| 35% of annual adjusted gross receipts in excess of |
|
|
|
HB0025 Engrossed |
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LRB095 03694 AMC 23721 b |
|
| 1 |
| $100,000,000.
| 2 |
| (a-2) From July 1, 2002 until July 1, 2003, a privilege tax | 3 |
| is imposed on
persons engaged in the business of conducting | 4 |
| riverboat gambling operations,
other than licensed managers | 5 |
| conducting riverboat gambling operations on behalf
of the | 6 |
| State, based on the adjusted gross receipts received by a | 7 |
| licensed
owner from gambling games authorized under this Act at | 8 |
| the following rates:
| 9 |
| 15% of annual adjusted gross receipts up to and | 10 |
| including $25,000,000;
| 11 |
| 22.5% of annual adjusted gross receipts in excess of | 12 |
| $25,000,000 but not
exceeding $50,000,000;
| 13 |
| 27.5% of annual adjusted gross receipts in excess of | 14 |
| $50,000,000 but not
exceeding $75,000,000;
| 15 |
| 32.5% of annual adjusted gross receipts in excess of | 16 |
| $75,000,000 but not
exceeding $100,000,000;
| 17 |
| 37.5% of annual adjusted gross receipts in excess of | 18 |
| $100,000,000 but not
exceeding $150,000,000;
| 19 |
| 45% of annual adjusted gross receipts in excess of | 20 |
| $150,000,000 but not
exceeding $200,000,000;
| 21 |
| 50% of annual adjusted gross receipts in excess of | 22 |
| $200,000,000.
| 23 |
| (a-3) Beginning July 1, 2003, a privilege tax is imposed on | 24 |
| persons engaged
in the business of conducting riverboat | 25 |
| gambling operations, other than
licensed managers conducting | 26 |
| riverboat gambling operations on behalf of the
State, based on |
|
|
|
HB0025 Engrossed |
- 21 - |
LRB095 03694 AMC 23721 b |
|
| 1 |
| the adjusted gross receipts received by a licensed owner from
| 2 |
| gambling games authorized under this Act at the following | 3 |
| rates:
| 4 |
| 15% of annual adjusted gross receipts up to and | 5 |
| including $25,000,000;
| 6 |
| 27.5% of annual adjusted gross receipts in excess of | 7 |
| $25,000,000 but not
exceeding $37,500,000;
| 8 |
| 32.5% of annual adjusted gross receipts in excess of | 9 |
| $37,500,000 but not
exceeding $50,000,000;
| 10 |
| 37.5% of annual adjusted gross receipts in excess of | 11 |
| $50,000,000 but not
exceeding $75,000,000;
| 12 |
| 45% of annual adjusted gross receipts in excess of | 13 |
| $75,000,000 but not
exceeding $100,000,000;
| 14 |
| 50% of annual adjusted gross receipts in excess of | 15 |
| $100,000,000 but not
exceeding $250,000,000;
| 16 |
| 70% of annual adjusted gross receipts in excess of | 17 |
| $250,000,000.
| 18 |
| An amount equal to the amount of wagering taxes collected | 19 |
| under this
subsection (a-3) that are in addition to the amount | 20 |
| of wagering taxes that
would have been collected if the | 21 |
| wagering tax rates under subsection (a-2)
were in effect shall | 22 |
| be paid into the Common School Fund.
| 23 |
| The privilege tax imposed under this subsection (a-3) shall | 24 |
| no longer be
imposed beginning on the earlier of (i) July 1, | 25 |
| 2005; (ii) the first date
after June 20, 2003 that riverboat | 26 |
| gambling operations are conducted
pursuant to a dormant |
|
|
|
HB0025 Engrossed |
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LRB095 03694 AMC 23721 b |
|
| 1 |
| license; or (iii) the first day that riverboat gambling
| 2 |
| operations are conducted under the authority of an owners | 3 |
| license that is in
addition to the 10 owners licenses initially | 4 |
| authorized under this Act.
For the purposes of this subsection | 5 |
| (a-3), the term "dormant license"
means an owners license that | 6 |
| is authorized by this Act under which no
riverboat gambling | 7 |
| operations are being conducted on June 20, 2003.
| 8 |
| (a-4) Beginning on the first day on which the tax imposed | 9 |
| under
subsection (a-3) is no longer imposed, a privilege tax is | 10 |
| imposed on persons
engaged in the business of conducting | 11 |
| riverboat gambling operations, other
than licensed managers | 12 |
| conducting riverboat gambling operations on behalf of
the | 13 |
| State, based on the adjusted gross receipts received by a | 14 |
| licensed owner
from gambling games authorized under this Act at | 15 |
| the following rates:
| 16 |
| 15% of annual adjusted gross receipts up to and | 17 |
| including $25,000,000;
| 18 |
| 22.5% of annual adjusted gross receipts in excess of | 19 |
| $25,000,000 but not
exceeding $50,000,000;
| 20 |
| 27.5% of annual adjusted gross receipts in excess of | 21 |
| $50,000,000 but not
exceeding $75,000,000;
| 22 |
| 32.5% of annual adjusted gross receipts in excess of | 23 |
| $75,000,000 but not
exceeding $100,000,000;
| 24 |
| 37.5% of annual adjusted gross receipts in excess of | 25 |
| $100,000,000 but not
exceeding $150,000,000;
| 26 |
| 45% of annual adjusted gross receipts in excess of |
|
|
|
HB0025 Engrossed |
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LRB095 03694 AMC 23721 b |
|
| 1 |
| $150,000,000 but not
exceeding $200,000,000;
| 2 |
| 50% of annual adjusted gross receipts in excess of | 3 |
| $200,000,000.
| 4 |
| (a-8) Riverboat gambling operations conducted by a | 5 |
| licensed manager on
behalf of the State are not subject to the | 6 |
| tax imposed under this Section.
| 7 |
| (a-10) The taxes imposed by this Section shall be paid by | 8 |
| the licensed
owner to the Board not later than 5:00
3:00
| 9 |
| o'clock p.m. of the day after the day
when the wagers were | 10 |
| made.
| 11 |
| (a-15) If the privilege tax imposed under subsection (a-3) | 12 |
| is no longer imposed pursuant to item (i) of the last paragraph | 13 |
| of subsection (a-3), then by June 15 of each year, each owners | 14 |
| licensee, other than an owners licensee that admitted 1,000,000 | 15 |
| persons or
fewer in calendar year 2004, must, in addition to | 16 |
| the payment of all amounts otherwise due under this Section, | 17 |
| pay to the Board a reconciliation payment in the amount, if | 18 |
| any, by which the licensed owner's base amount exceeds the | 19 |
| amount of net privilege tax paid by the licensed owner to the | 20 |
| Board in the then current State fiscal year. A licensed owner's | 21 |
| net privilege tax obligation due for the balance of the State | 22 |
| fiscal year shall be reduced up to the total of the amount paid | 23 |
| by the licensed owner in its June 15 reconciliation payment. | 24 |
| The obligation imposed by this subsection (a-15) is binding on | 25 |
| any person, firm, corporation, or other entity that acquires an | 26 |
| ownership interest in any such owners license. The obligation |
|
|
|
HB0025 Engrossed |
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LRB095 03694 AMC 23721 b |
|
| 1 |
| imposed under this subsection (a-15) terminates on the earliest | 2 |
| of: (i) July 1, 2007, (ii) the first day after the effective | 3 |
| date of this amendatory Act of the 94th General Assembly that | 4 |
| riverboat gambling operations are conducted pursuant to a | 5 |
| dormant license, (iii) the first day that riverboat gambling | 6 |
| operations are conducted under the authority of an owners | 7 |
| license that is in addition to the 10 owners licenses initially | 8 |
| authorized under this Act, or (iv) the first day that a | 9 |
| licensee under the Illinois Horse Racing Act of 1975 conducts | 10 |
| gaming operations with slot machines or other electronic gaming | 11 |
| devices. The Board must reduce the obligation imposed under | 12 |
| this subsection (a-15) by an amount the Board deems reasonable | 13 |
| for any of the following reasons: (A) an act or acts of God, | 14 |
| (B) an act of bioterrorism or terrorism or a bioterrorism or | 15 |
| terrorism threat that was investigated by a law enforcement | 16 |
| agency, or (C) a condition beyond the control of the owners | 17 |
| licensee that does not result from any act or omission by the | 18 |
| owners licensee or any of its agents and that poses a hazardous | 19 |
| threat to the health and safety of patrons. If an owners | 20 |
| licensee pays an amount in excess of its liability under this | 21 |
| Section, the Board shall apply the overpayment to future | 22 |
| payments required under this Section. | 23 |
| For purposes of this subsection (a-15): | 24 |
| "Act of God" means an incident caused by the operation of | 25 |
| an extraordinary force that cannot be foreseen, that cannot be | 26 |
| avoided by the exercise of due care, and for which no person |
|
|
|
HB0025 Engrossed |
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LRB095 03694 AMC 23721 b |
|
| 1 |
| can be held liable.
| 2 |
| "Base amount" means the following: | 3 |
| For a riverboat in Alton, $31,000,000.
| 4 |
| For a riverboat in East Peoria, $43,000,000.
| 5 |
| For the Empress riverboat in Joliet, $86,000,000.
| 6 |
| For a riverboat in Metropolis, $45,000,000.
| 7 |
| For the Harrah's riverboat in Joliet, $114,000,000.
| 8 |
| For a riverboat in Aurora, $86,000,000.
| 9 |
| For a riverboat in East St. Louis, $48,500,000.
| 10 |
| For a riverboat in Elgin, $198,000,000.
| 11 |
| "Dormant license" has the meaning ascribed to it in | 12 |
| subsection (a-3).
| 13 |
| "Net privilege tax" means all privilege taxes paid by a | 14 |
| licensed owner to the Board under this Section, less all | 15 |
| payments made from the State Gaming Fund pursuant to subsection | 16 |
| (b) of this Section. | 17 |
| The changes made to this subsection (a-15) by Public Act | 18 |
| 94-839
this amendatory Act of the 94th General Assembly are | 19 |
| intended to restate and clarify the intent of Public Act 94-673 | 20 |
| with respect to the amount of the payments required to be made | 21 |
| under this subsection by an owners licensee to the Board.
| 22 |
| (b) Until January 1, 1998, 25% of the tax revenue deposited | 23 |
| in the State
Gaming Fund under this Section shall be paid, | 24 |
| subject to appropriation by the
General Assembly, to the unit | 25 |
| of local government which is designated as the
home dock of the | 26 |
| riverboat. Beginning January 1, 1998, from the tax revenue
|
|
|
|
HB0025 Engrossed |
- 26 - |
LRB095 03694 AMC 23721 b |
|
| 1 |
| deposited in the State Gaming Fund under this Section, an | 2 |
| amount equal to 5% of
adjusted gross receipts generated by a | 3 |
| riverboat shall be paid monthly, subject
to appropriation by | 4 |
| the General Assembly, to the unit of local government that
is | 5 |
| designated as the home dock of the riverboat. From the tax | 6 |
| revenue
deposited in the State Gaming Fund pursuant to | 7 |
| riverboat gambling operations
conducted by a licensed manager | 8 |
| on behalf of the State, an amount equal to 5%
of adjusted gross | 9 |
| receipts generated pursuant to those riverboat gambling
| 10 |
| operations shall be paid monthly,
subject to appropriation by | 11 |
| the General Assembly, to the unit of local
government that is | 12 |
| designated as the home dock of the riverboat upon which
those | 13 |
| riverboat gambling operations are conducted.
| 14 |
| (c) Appropriations, as approved by the General Assembly, | 15 |
| may be made
from the State Gaming Fund to the Department of | 16 |
| Revenue and the Department
of State Police for the | 17 |
| administration and enforcement of this Act, or to the
| 18 |
| Department of Human Services for the administration of programs | 19 |
| to treat
problem gambling.
| 20 |
| (c-5) Before May 26, 2006 ( the effective date of Public Act | 21 |
| 94-804)
this amendatory Act of the 94th General Assembly and | 22 |
| beginning 2 years after May 26, 2006 ( the effective date of | 23 |
| Public Act 94-804)
this amendatory Act of the 94th General | 24 |
| Assembly , after the payments required under subsections (b) and | 25 |
| (c) have been
made, an amount equal to 15% of the adjusted | 26 |
| gross receipts of (1) an owners
licensee that relocates |
|
|
|
HB0025 Engrossed |
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LRB095 03694 AMC 23721 b |
|
| 1 |
| pursuant to Section 11.2,
(2) an owners licensee
conducting | 2 |
| riverboat gambling operations
pursuant to an
owners license | 3 |
| that is initially issued after June
25, 1999,
or (3) the first
| 4 |
| riverboat gambling operations conducted by a licensed manager | 5 |
| on behalf of the
State under Section 7.3,
whichever comes | 6 |
| first, shall be paid from the State
Gaming Fund into the Horse | 7 |
| Racing Equity Fund.
| 8 |
| (c-10) Each year the General Assembly shall appropriate | 9 |
| from the General
Revenue Fund to the Education Assistance Fund | 10 |
| an amount equal to the amount
paid into the Horse Racing Equity | 11 |
| Fund pursuant to subsection (c-5) in the
prior calendar year.
| 12 |
| (c-15) After the payments required under subsections (b), | 13 |
| (c), and (c-5)
have been made, an amount equal to 2% of the | 14 |
| adjusted gross receipts of (1)
an owners licensee that | 15 |
| relocates pursuant to Section 11.2, (2) an owners
licensee | 16 |
| conducting riverboat gambling operations pursuant to
an
owners | 17 |
| license that is initially issued after June 25, 1999,
or (3) | 18 |
| the first
riverboat gambling operations conducted by a licensed | 19 |
| manager on behalf of the
State under Section 7.3,
whichever | 20 |
| comes first, shall be paid, subject to appropriation
from the | 21 |
| General Assembly, from the State Gaming Fund to each home rule
| 22 |
| county with a population of over 3,000,000 inhabitants for the | 23 |
| purpose of
enhancing the county's criminal justice system.
| 24 |
| (c-20) Each year the General Assembly shall appropriate | 25 |
| from the General
Revenue Fund to the Education Assistance Fund | 26 |
| an amount equal to the amount
paid to each home rule county |
|
|
|
HB0025 Engrossed |
- 28 - |
LRB095 03694 AMC 23721 b |
|
| 1 |
| with a population of over 3,000,000 inhabitants
pursuant to | 2 |
| subsection (c-15) in the prior calendar year.
| 3 |
| (c-25) After the payments required under subsections (b), | 4 |
| (c), (c-5) and
(c-15) have been made, an amount equal to 2% of | 5 |
| the
adjusted gross receipts of (1) an owners licensee
that
| 6 |
| relocates pursuant to Section 11.2, (2) an
owners
licensee | 7 |
| conducting riverboat gambling operations pursuant to
an
owners | 8 |
| license
that is initially issued after June 25, 1999,
or (3) | 9 |
| the first
riverboat gambling operations conducted by a licensed | 10 |
| manager on behalf of the
State under Section 7.3,
whichever
| 11 |
| comes first,
shall be paid from the State
Gaming Fund to | 12 |
| Chicago State University.
| 13 |
| (d) From time to time, the
Board shall transfer the | 14 |
| remainder of the funds
generated by this Act into the Education
| 15 |
| Assistance Fund, created by Public Act 86-0018, of the State of | 16 |
| Illinois.
| 17 |
| (e) Nothing in this Act shall prohibit the unit of local | 18 |
| government
designated as the home dock of the riverboat from | 19 |
| entering into agreements
with other units of local government | 20 |
| in this State or in other states to
share its portion of the | 21 |
| tax revenue.
| 22 |
| (f) To the extent practicable, the Board shall administer | 23 |
| and collect the
wagering taxes imposed by this Section in a | 24 |
| manner consistent with the
provisions of Sections 4, 5, 5a, 5b, | 25 |
| 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of the | 26 |
| Retailers' Occupation Tax Act and Section 3-7 of the
Uniform |
|
|
|
HB0025 Engrossed |
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LRB095 03694 AMC 23721 b |
|
| 1 |
| Penalty and Interest Act.
| 2 |
| (Source: P.A. 93-27, eff. 6-20-03; 93-28, eff. 6-20-03; 94-673, | 3 |
| eff. 8-23-05; 94-804, eff. 5-26-06; 94-839, eff. 6-6-06; | 4 |
| revised 8-3-06.)
| 5 |
| (230 ILCS 10/18) (from Ch. 120, par. 2418)
| 6 |
| Sec. 18. Prohibited Activities - Penalty.
| 7 |
| (a) A person is guilty of a Class A misdemeanor for doing | 8 |
| any of the
following:
| 9 |
| (1) Conducting gambling where wagering
is used or to be | 10 |
| used
without a license issued by the Board.
| 11 |
| (2) Conducting gambling where wagering
is permitted | 12 |
| other
than in the manner specified by Section 11.
| 13 |
| (b) A person is guilty of a Class B misdemeanor for doing | 14 |
| any of the
following:
| 15 |
| (1) permitting a person under 21 years to make a wager; | 16 |
| or
| 17 |
| (2) violating paragraph (12) of subsection (a) of | 18 |
| Section 11 of this Act.
| 19 |
| (c) A person wagering or accepting a wager at any location | 20 |
| outside the
riverboat is subject to the penalties in paragraphs | 21 |
| (1) or (2) of
subsection (a) of Section 28-1 of the Criminal | 22 |
| Code of 1961.
| 23 |
| (d) A person commits a Class 4 felony and, in addition, | 24 |
| shall be barred
for life from riverboats under the jurisdiction | 25 |
| of the
Board, if the person does any of the following:
|
|
|
|
HB0025 Engrossed |
- 30 - |
LRB095 03694 AMC 23721 b |
|
| 1 |
| (1) Offers, promises, or gives anything of value or | 2 |
| benefit to a person
who is connected with a riverboat owner | 3 |
| including, but
not limited to, an officer or employee of a | 4 |
| licensed owner or holder of an
occupational license | 5 |
| pursuant to an agreement or arrangement or with the
intent | 6 |
| that the promise or thing of value or benefit will | 7 |
| influence the
actions of the person to whom the offer, | 8 |
| promise, or gift was made in order
to affect or attempt to | 9 |
| affect the outcome of a gambling game, or to
influence | 10 |
| official action of a member of the Board.
| 11 |
| (2) Solicits or knowingly accepts or receives a promise | 12 |
| of anything of
value or benefit while the person is | 13 |
| connected with a riverboat
including, but not limited to, | 14 |
| an officer or employee of a licensed owner,
or holder of an | 15 |
| occupational license, pursuant to an understanding or
| 16 |
| arrangement or with the intent that the promise or thing of | 17 |
| value or
benefit will influence the actions of the person | 18 |
| to affect or attempt to
affect the outcome of a gambling | 19 |
| game, or to influence official action of a
member of the | 20 |
| Board.
| 21 |
| (3) Uses or possesses with the intent to use a device | 22 |
| to assist:
| 23 |
| (i) In projecting the outcome of the game.
| 24 |
| (ii) In keeping track of the cards played.
| 25 |
| (iii) In analyzing the probability of the | 26 |
| occurrence of an event
relating to the gambling game.
|
|
|
|
HB0025 Engrossed |
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LRB095 03694 AMC 23721 b |
|
| 1 |
| (iv) In analyzing the strategy for playing or | 2 |
| betting to be used in the
game except as permitted by | 3 |
| the Board.
| 4 |
| (4) Cheats at a gambling game.
| 5 |
| (5) Manufactures, sells, or distributes any cards, | 6 |
| chips, dice, game or
device which is intended to be used to | 7 |
| violate any provision of this Act.
| 8 |
| (6) Alters or misrepresents the outcome of a gambling | 9 |
| game on which
wagers have been made after the outcome is | 10 |
| made sure but before it is
revealed to the players.
| 11 |
| (7) Places a bet after acquiring knowledge, not | 12 |
| available to all players,
of the outcome of the gambling | 13 |
| game which is subject of the bet or to aid a
person in | 14 |
| acquiring the knowledge for the purpose of placing a bet
| 15 |
| contingent on that outcome.
| 16 |
| (8) Claims, collects, or takes, or attempts to claim, | 17 |
| collect, or take,
money or anything of value in or from the | 18 |
| gambling games, with intent to
defraud, without having made | 19 |
| a wager contingent on winning a gambling game,
or claims, | 20 |
| collects, or takes an amount of money or thing of value of
| 21 |
| greater value than the amount won.
| 22 |
| (9) Uses counterfeit chips or tokens in a gambling | 23 |
| game.
| 24 |
| (10) Possesses any key or device designed for the | 25 |
| purpose of opening,
entering, or affecting the operation of | 26 |
| a gambling game, drop box, or an
electronic or mechanical |
|
|
|
HB0025 Engrossed |
- 32 - |
LRB095 03694 AMC 23721 b |
|
| 1 |
| device connected with the gambling game or for
removing | 2 |
| coins, tokens, chips or other contents of a gambling game. | 3 |
| This
paragraph (10) does not apply to a gambling licensee | 4 |
| or employee of a
gambling licensee acting in furtherance of | 5 |
| the employee's employment.
| 6 |
| (e) The possession of more than one of the devices | 7 |
| described in
subsection (d), paragraphs (3), (5) , or (10) | 8 |
| permits a rebuttable
presumption that the possessor intended to | 9 |
| use the devices for cheating.
| 10 |
| (f) A person under the age of 21 who, except as authorized | 11 |
| under paragraph (10) of Section 11, enters upon a riverboat | 12 |
| commits a petty offense and is subject to a fine of not less | 13 |
| than $100 or more than $250 for a first offense and of not less | 14 |
| than $200 or more than $500 for a second or subsequent offense.
| 15 |
| An action to prosecute any crime occurring on a riverboat
| 16 |
| shall be tried in the county of the dock at which the riverboat | 17 |
| is based.
| 18 |
| (Source: P.A. 91-40, eff. 6-25-99.)
| 19 |
| Section 99. Effective date. This Act takes effect upon | 20 |
| becoming law.
|
|