Full Text of HB4707 96th General Assembly
HB4707 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB4707
Introduced 1/4/2010, by Rep. Dave Winters SYNOPSIS AS INTRODUCED: |
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230 ILCS 10/5 |
from Ch. 120, par. 2405 |
230 ILCS 10/6 |
from Ch. 120, par. 2406 |
230 ILCS 10/13 |
from Ch. 120, par. 2413 |
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Amends the Riverboat Gambling Act. Requires a new applicant for an owners license to competitively bid
what percentage of adjusted gross receipts it shall pay as a wagering
tax, with the new license going to the highest bidder. Requires each
licensee to make a quarterly report to the Board indicating profits
and losses. Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB4707 |
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LRB096 15537 AMC 30767 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 5, 6, and 13 as follows:
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| (230 ILCS 10/5) (from Ch. 120, par. 2405)
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| Sec. 5. Gaming Board.
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| (a) (1) There is hereby established within the Department | 9 |
| of Revenue an
Illinois Gaming Board which shall have the powers | 10 |
| and duties specified in
this Act, and all other powers | 11 |
| necessary and proper to fully and
effectively execute this Act | 12 |
| for the purpose of administering, regulating,
and enforcing the | 13 |
| system of riverboat gambling established by this Act. Its
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| jurisdiction shall extend under this Act to every person, | 15 |
| association,
corporation, partnership and trust involved in | 16 |
| riverboat gambling
operations in the State of Illinois.
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| (2) The Board shall consist of 5 members to be appointed by | 18 |
| the Governor
with the advice and consent of the Senate, one of | 19 |
| whom shall be designated
by the Governor to be chairman. Each | 20 |
| member shall have a reasonable
knowledge of the practice, | 21 |
| procedure and principles of gambling operations.
Each member | 22 |
| shall either be a resident of Illinois or shall certify that he
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| will become a resident of Illinois before taking office. At |
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HB4707 |
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| least one member
shall be experienced in law enforcement and | 2 |
| criminal investigation, at
least one member shall be a | 3 |
| certified public accountant experienced in
accounting and | 4 |
| auditing, and at least one member shall be a lawyer licensed
to | 5 |
| practice law in Illinois.
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| (3) The terms of office of the Board members shall be 3 | 7 |
| years, except
that the terms of office of the initial Board | 8 |
| members appointed pursuant to
this Act will commence from the | 9 |
| effective date of this Act and run as
follows: one for a term | 10 |
| ending July 1, 1991, 2 for a term ending July 1,
1992, and 2 for | 11 |
| a term ending July 1, 1993. Upon the expiration of the
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| foregoing terms, the successors of such members shall serve a | 13 |
| term for 3
years and until their successors are appointed and | 14 |
| qualified for like terms.
Vacancies in the Board shall be | 15 |
| filled for the unexpired term in like
manner as original | 16 |
| appointments. Each member of the Board shall be
eligible for | 17 |
| reappointment at the discretion of the Governor with the
advice | 18 |
| and consent of the Senate.
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| (4) Each member of the Board shall receive $300 for each | 20 |
| day the
Board meets and for each day the member conducts any | 21 |
| hearing pursuant to
this Act. Each member of the Board shall | 22 |
| also be reimbursed for all actual
and necessary expenses and | 23 |
| disbursements incurred in the execution of official
duties.
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| (5) No person shall be appointed a member of the Board or | 25 |
| continue to be
a member of the Board who is, or whose spouse, | 26 |
| child or parent is, a member
of the board of directors of, or a |
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| person financially interested in, any
gambling operation | 2 |
| subject to the jurisdiction of this Board, or any race
track, | 3 |
| race meeting, racing association or the operations thereof | 4 |
| subject
to the jurisdiction of the Illinois Racing Board. No | 5 |
| Board member shall
hold any other public office for which he | 6 |
| shall receive compensation other
than necessary travel or other | 7 |
| incidental expenses. No person shall be a
member of the Board | 8 |
| who is not of good moral character or who has been
convicted | 9 |
| of, or is under indictment for, a felony under the laws of
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| Illinois or any other state, or the United States.
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| (6) Any member of the Board may be removed by the Governor | 12 |
| for neglect
of duty, misfeasance, malfeasance, or nonfeasance | 13 |
| in office.
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| (7) Before entering upon the discharge of the duties of his | 15 |
| office, each
member of the Board shall take an oath that he | 16 |
| will faithfully execute the
duties of his office according to | 17 |
| the laws of the State and the rules and
regulations adopted | 18 |
| therewith and shall give bond to the State of Illinois,
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| approved by the Governor, in the sum of $25,000. Every such | 20 |
| bond, when
duly executed and approved, shall be recorded in the | 21 |
| office of the
Secretary of State. Whenever the Governor | 22 |
| determines that the bond of any
member of the Board has become | 23 |
| or is likely to become invalid or
insufficient, he shall | 24 |
| require such member forthwith to renew his bond,
which is to be | 25 |
| approved by the Governor. Any member of the Board who fails
to | 26 |
| take oath and give bond within 30 days from the date of his |
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| appointment,
or who fails to renew his bond within 30 days | 2 |
| after it is demanded by the
Governor, shall be guilty of | 3 |
| neglect of duty and may be removed by the
Governor. The cost of | 4 |
| any bond given by any member of the Board under this
Section | 5 |
| shall be taken to be a part of the necessary expenses of the | 6 |
| Board.
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| (8) Upon the request of the Board, the Department shall | 8 |
| employ such
personnel as may be necessary to carry out the | 9 |
| functions of the Board. No
person shall be employed to serve | 10 |
| the Board who is, or whose spouse, parent
or child is, an | 11 |
| official of, or has a financial interest in or financial
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| relation with, any operator engaged in gambling operations | 13 |
| within this
State or any organization engaged in conducting | 14 |
| horse racing within this
State. Any employee violating these | 15 |
| prohibitions shall be subject to
termination of employment.
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| (9) An Administrator shall perform any and all duties that | 17 |
| the Board
shall assign him. The salary of the Administrator | 18 |
| shall be determined by
the Board and approved by the Director | 19 |
| of the Department and, in addition,
he shall be reimbursed for | 20 |
| all actual and necessary expenses incurred by
him in discharge | 21 |
| of his official duties. The Administrator shall keep
records of | 22 |
| all proceedings of the Board and shall preserve all records,
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| books, documents and other papers belonging to the Board or | 24 |
| entrusted to
its care. The Administrator shall devote his full | 25 |
| time to the duties of
the office and shall not hold any other | 26 |
| office or employment.
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| (b) The Board shall have general responsibility for the | 2 |
| implementation
of this Act. Its duties include, without | 3 |
| limitation, the following:
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| (1) To decide promptly and in reasonable order all | 5 |
| license applications.
Any party aggrieved by an action of | 6 |
| the Board denying, suspending,
revoking, restricting or | 7 |
| refusing to renew a license may request a hearing
before | 8 |
| the Board. A request for a hearing must be made to the | 9 |
| Board in
writing within 5 days after service of notice of | 10 |
| the action of the Board.
Notice of the action of the Board | 11 |
| shall be served either by personal
delivery or by certified | 12 |
| mail, postage prepaid, to the aggrieved party.
Notice | 13 |
| served by certified mail shall be deemed complete on the | 14 |
| business
day following the date of such mailing. The Board | 15 |
| shall conduct all
requested hearings promptly and in | 16 |
| reasonable order;
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| (2) To conduct all hearings pertaining to civil | 18 |
| violations of this Act
or rules and regulations promulgated | 19 |
| hereunder;
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| (3) To promulgate such rules and regulations as in its | 21 |
| judgment may be
necessary to protect or enhance the | 22 |
| credibility and integrity of gambling
operations | 23 |
| authorized by this Act and the regulatory process | 24 |
| hereunder;
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| (4) To provide for the establishment and collection of | 26 |
| all license and
registration fees and taxes imposed by this |
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| Act and the rules and
regulations issued pursuant hereto. | 2 |
| All such fees and taxes shall be
deposited into the State | 3 |
| Gaming Fund;
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| (5) To provide for the levy and collection of penalties | 5 |
| and fines for the
violation of provisions of this Act and | 6 |
| the rules and regulations
promulgated hereunder. All such | 7 |
| fines and penalties shall be deposited
into the Education | 8 |
| Assistance Fund, created by Public Act 86-0018, of the
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| State of Illinois;
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| (6) To be present through its inspectors and agents any | 11 |
| time gambling
operations are conducted on any riverboat for | 12 |
| the purpose of certifying the
revenue thereof, receiving | 13 |
| complaints from the public, and conducting such
other | 14 |
| investigations into the conduct of the gambling games and | 15 |
| the
maintenance of the equipment as from time to time the | 16 |
| Board may deem
necessary and proper;
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| (7) To review and rule upon any complaint by a licensee
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| regarding any investigative procedures of the State which | 19 |
| are unnecessarily
disruptive of gambling operations. The | 20 |
| need to inspect and investigate
shall be presumed at all | 21 |
| times. The disruption of a licensee's operations
shall be | 22 |
| proved by clear and convincing evidence, and establish | 23 |
| that: (A)
the procedures had no reasonable law enforcement | 24 |
| purposes, and (B) the
procedures were so disruptive as to | 25 |
| unreasonably inhibit gambling operations;
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| (8) To hold at least one meeting each quarter of the |
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| fiscal
year. In addition, special meetings may be called by | 2 |
| the Chairman or any 2
Board members upon 72 hours written | 3 |
| notice to each member. All Board
meetings shall be subject | 4 |
| to the Open Meetings Act. Three members of the
Board shall | 5 |
| constitute a quorum, and 3 votes shall be required for any
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| final determination by the Board. The Board shall keep a | 7 |
| complete and
accurate record of all its meetings. A | 8 |
| majority of the members of the Board
shall constitute a | 9 |
| quorum for the transaction of any business, for the
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| performance of any duty, or for the exercise of any power | 11 |
| which this Act
requires the Board members to transact, | 12 |
| perform or exercise en banc, except
that, upon order of the | 13 |
| Board, one of the Board members or an
administrative law | 14 |
| judge designated by the Board may conduct any hearing
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| provided for under this Act or by Board rule and may | 16 |
| recommend findings and
decisions to the Board. The Board | 17 |
| member or administrative law judge
conducting such hearing | 18 |
| shall have all powers and rights granted to the
Board in | 19 |
| this Act. The record made at the time of the hearing shall | 20 |
| be
reviewed by the Board, or a majority thereof, and the | 21 |
| findings and decision
of the majority of the Board shall | 22 |
| constitute the order of the Board in
such case;
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| (9) To maintain records which are separate and distinct | 24 |
| from the records
of any other State board or commission. | 25 |
| Such records shall be available
for public inspection and | 26 |
| shall accurately reflect all Board proceedings;
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| (10) To file a written annual report with the Governor | 2 |
| on or before
March 1 each year and such additional reports | 3 |
| as the Governor may request.
The annual report shall | 4 |
| include a statement of receipts and disbursements
by the | 5 |
| Board, actions taken by the Board, and any additional | 6 |
| information
and recommendations which the Board may deem | 7 |
| valuable or which the Governor
may request;
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| (11) (Blank);
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| (12) To assume responsibility for the administration | 10 |
| and
enforcement of the Bingo License and Tax Act, the | 11 |
| Charitable Games Act, and
the Pull Tabs and Jar Games Act | 12 |
| if such responsibility is delegated to it
by the Director | 13 |
| of Revenue; and
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| (13) To assume responsibility for administration and | 15 |
| enforcement of the
Video Gaming Act ; and . | 16 |
| (14) To require each licensee under this Act to
file a | 17 |
| quarterly report with the Board of its profits and losses, | 18 |
| which shall be a public document. | 19 |
| (c) The Board shall have jurisdiction over and shall | 20 |
| supervise all
gambling operations governed by this Act. The | 21 |
| Board shall have all powers
necessary and proper to fully and | 22 |
| effectively execute the provisions of
this Act, including, but | 23 |
| not limited to, the following:
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| (1) To investigate applicants and determine the | 25 |
| eligibility of
applicants for licenses and to select among | 26 |
| competing applicants the
applicants which best serve the |
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| interests of the citizens of Illinois.
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| (2) To have jurisdiction and supervision over all | 3 |
| riverboat gambling
operations in this State and all persons | 4 |
| on riverboats where gambling
operations are conducted.
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| (3) To promulgate rules and regulations for the purpose | 6 |
| of administering
the provisions of this Act and to | 7 |
| prescribe rules, regulations and
conditions under which | 8 |
| all riverboat gambling in the State shall be
conducted. | 9 |
| Such rules and regulations are to provide for the | 10 |
| prevention of
practices detrimental to the public interest | 11 |
| and for the best interests of
riverboat gambling, including | 12 |
| rules and regulations regarding the
inspection of such | 13 |
| riverboats and the review of any permits or licenses
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| necessary to operate a riverboat under any laws or | 15 |
| regulations applicable
to riverboats, and to impose | 16 |
| penalties for violations thereof.
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| (4) To enter the office, riverboats, facilities, or | 18 |
| other
places of business of a licensee, where evidence of | 19 |
| the compliance or
noncompliance with the provisions of this | 20 |
| Act is likely to be found.
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| (5) To investigate alleged violations of this Act or | 22 |
| the
rules of the Board and to take appropriate disciplinary
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| action against a licensee or a holder of an occupational | 24 |
| license for a
violation, or institute appropriate legal | 25 |
| action for enforcement, or both.
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| (6) To adopt standards for the licensing of all persons |
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| under this Act,
as well as for electronic or mechanical | 2 |
| gambling games, and to establish
fees for such licenses.
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| (7) To adopt appropriate standards for all riverboats
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| and facilities.
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| (8) To require that the records, including financial or | 6 |
| other statements
of any licensee under this Act, shall be | 7 |
| kept in such manner as prescribed
by the Board and that any | 8 |
| such licensee involved in the ownership or
management of | 9 |
| gambling operations submit to the Board an annual balance
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| sheet and profit and loss statement, list of the | 11 |
| stockholders or other
persons having a 1% or greater | 12 |
| beneficial interest in the gambling
activities of each | 13 |
| licensee, and any other information the Board deems
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| necessary in order to effectively administer this Act and | 15 |
| all rules,
regulations, orders and final decisions | 16 |
| promulgated under this Act.
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| (9) To conduct hearings, issue subpoenas for the | 18 |
| attendance of
witnesses and subpoenas duces tecum for the | 19 |
| production of books, records
and other pertinent documents | 20 |
| in accordance with the Illinois
Administrative Procedure | 21 |
| Act, and to administer oaths and affirmations to
the | 22 |
| witnesses, when, in the judgment of the Board, it is | 23 |
| necessary to
administer or enforce this Act or the Board | 24 |
| rules.
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| (10) To prescribe a form to be used by any licensee | 26 |
| involved in the
ownership or management of gambling |
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| operations as an
application for employment for their | 2 |
| employees.
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| (11) To revoke or suspend licenses, as the Board may | 4 |
| see fit and in
compliance with applicable laws of the State | 5 |
| regarding administrative
procedures, and to review | 6 |
| applications for the renewal of licenses. The
Board may | 7 |
| suspend an owners license, without notice or hearing upon a
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| determination that the safety or health of patrons or | 9 |
| employees is
jeopardized by continuing a riverboat's | 10 |
| operation. The suspension may
remain in effect until the | 11 |
| Board determines that the cause for suspension
has been | 12 |
| abated. The Board may revoke the owners license upon a
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| determination that the owner has not made satisfactory | 14 |
| progress toward
abating the hazard.
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| (12) To eject or exclude or authorize the ejection or | 16 |
| exclusion of, any
person from riverboat gambling | 17 |
| facilities where such person is in violation
of this Act, | 18 |
| rules and regulations thereunder, or final orders of the
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| Board, or where such person's conduct or reputation is such | 20 |
| that his
presence within the riverboat gambling facilities | 21 |
| may, in the opinion of
the Board, call into question the | 22 |
| honesty and integrity of the gambling
operations or | 23 |
| interfere with orderly conduct thereof; provided that the
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| propriety of such ejection or exclusion is subject to | 25 |
| subsequent hearing
by the Board.
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| (13) To require all licensees of gambling operations to |
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| utilize a
cashless wagering system whereby all players' | 2 |
| money is converted to tokens,
electronic cards, or chips | 3 |
| which shall be used only for wagering in the
gambling | 4 |
| establishment.
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| (14) (Blank).
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| (15) To suspend, revoke or restrict licenses, to | 7 |
| require the
removal of a licensee or an employee of a | 8 |
| licensee for a violation of this
Act or a Board rule or for | 9 |
| engaging in a fraudulent practice, and to
impose civil | 10 |
| penalties of up to $5,000 against individuals and up to
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| $10,000 or an amount equal to the daily gross receipts, | 12 |
| whichever is
larger, against licensees for each violation | 13 |
| of any provision of the Act,
any rules adopted by the | 14 |
| Board, any order of the Board or any other action
which, in | 15 |
| the Board's discretion, is a detriment or impediment to | 16 |
| riverboat
gambling operations.
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| (16) To hire employees to gather information, conduct | 18 |
| investigations
and carry out any other tasks contemplated | 19 |
| under this Act.
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| (17) To establish minimum levels of insurance to be | 21 |
| maintained by
licensees.
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| (18) To authorize a licensee to sell or serve alcoholic | 23 |
| liquors, wine or
beer as defined in the Liquor Control Act | 24 |
| of 1934 on board a riverboat
and to have exclusive | 25 |
| authority to establish the hours for sale and
consumption | 26 |
| of alcoholic liquor on board a riverboat, notwithstanding |
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| any
provision of the Liquor Control Act of 1934 or any | 2 |
| local ordinance, and
regardless of whether the riverboat | 3 |
| makes excursions. The
establishment of the hours for sale | 4 |
| and consumption of alcoholic liquor on
board a riverboat is | 5 |
| an exclusive power and function of the State. A home
rule | 6 |
| unit may not establish the hours for sale and consumption | 7 |
| of alcoholic
liquor on board a riverboat. This amendatory | 8 |
| Act of 1991 is a denial and
limitation of home rule powers | 9 |
| and functions under subsection (h) of
Section 6 of Article | 10 |
| VII of the Illinois Constitution.
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| (19) After consultation with the U.S. Army Corps of | 12 |
| Engineers, to
establish binding emergency orders upon the | 13 |
| concurrence of a majority of
the members of the Board | 14 |
| regarding the navigability of water, relative to
| 15 |
| excursions,
in the event
of extreme weather conditions, | 16 |
| acts of God or other extreme circumstances.
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| (20) To delegate the execution of any of its powers | 18 |
| under this Act for
the purpose of administering and | 19 |
| enforcing this Act and its rules and
regulations hereunder.
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| (20.6) To appoint investigators to conduct | 21 |
| investigations, searches, seizures, arrests, and other | 22 |
| duties imposed under this Act, as deemed necessary by the | 23 |
| Board. These investigators have and may exercise all of the | 24 |
| rights and powers of peace officers, provided that these | 25 |
| powers shall be limited to offenses or violations occurring | 26 |
| or committed on a riverboat or dock, as defined in |
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| subsections (d) and (f) of Section 4, or as otherwise | 2 |
| provided by this Act or any other law. | 3 |
| (20.7) To contract with the Department of State Police | 4 |
| for the use of trained and qualified State police officers | 5 |
| and with the Department of Revenue for the use of trained | 6 |
| and qualified Department of Revenue investigators to | 7 |
| conduct investigations, searches, seizures, arrests, and | 8 |
| other duties imposed under this Act and to exercise all of | 9 |
| the rights and powers of peace officers, provided that the | 10 |
| powers of Department of Revenue investigators under this | 11 |
| subdivision (20.7) shall be limited to offenses or | 12 |
| violations occurring or committed on a riverboat or dock, | 13 |
| as defined in subsections (d) and (f) of Section 4, or as | 14 |
| otherwise provided by this Act or any other law. In the | 15 |
| event the Department of State Police or the Department of | 16 |
| Revenue is unable to fill contracted police or | 17 |
| investigative positions, the Board may appoint | 18 |
| investigators to fill those positions pursuant to | 19 |
| subdivision (20.6).
| 20 |
| (21) To take any other action as may be reasonable or | 21 |
| appropriate to
enforce this Act and rules and regulations | 22 |
| hereunder.
| 23 |
| (d) The Board may seek and shall receive the cooperation of | 24 |
| the
Department of State Police in conducting background | 25 |
| investigations of
applicants and in fulfilling its | 26 |
| responsibilities under
this Section. Costs incurred by the |
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| Department of State Police as
a result of such cooperation | 2 |
| shall be paid by the Board in conformance
with the requirements | 3 |
| of Section 2605-400 of the Department of State Police Law
(20 | 4 |
| ILCS 2605/2605-400).
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| (e) The Board must authorize to each investigator and to | 6 |
| any other
employee of the Board exercising the powers of a | 7 |
| peace officer a distinct badge
that, on its face, (i) clearly | 8 |
| states that the badge is authorized by the Board
and
(ii) | 9 |
| contains a unique identifying number. No other badge shall be | 10 |
| authorized
by the Board.
| 11 |
| (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; revised | 12 |
| 8-20-09.)
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| (230 ILCS 10/6) (from Ch. 120, par. 2406)
| 14 |
| Sec. 6. Application for Owners License.
| 15 |
| (a) A qualified person may
apply to the Board for an owners | 16 |
| license to
conduct a riverboat gambling operation as provided | 17 |
| in this Act. The
application shall be made on forms provided by | 18 |
| the Board and shall contain
such information as the Board | 19 |
| prescribes, including but not limited to the
identity of the | 20 |
| riverboat on which such gambling operation is to be
conducted | 21 |
| and the exact location where such riverboat will be docked, a
| 22 |
| certification that the riverboat will be registered under this | 23 |
| Act at all
times during which gambling operations are conducted | 24 |
| on board, detailed
information regarding the ownership and | 25 |
| management of the applicant, and
detailed personal information |
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| regarding the applicant. Any application for an
owners license | 2 |
| to be re-issued on or after June 1, 2003 shall also
include the | 3 |
| applicant's license bid in a form prescribed by the Board.
| 4 |
| Information
provided on the application shall be used as a | 5 |
| basis for a thorough
background investigation which the Board | 6 |
| shall conduct with respect to each
applicant. An incomplete | 7 |
| application shall be cause for denial of a license
by the | 8 |
| Board. Beginning on the effective date of this amendatory Act | 9 |
| of 96th General Assembly, for a
newly authorized owners | 10 |
| license, all applicants shall bid
competitively for a new | 11 |
| license. The Board shall grant new
licenses based, in addition | 12 |
| to the factors in Section 7, on
what percentage of adjusted | 13 |
| gross receipts the applicant bids
to pay to the State as a | 14 |
| wagering tax. The qualified
applicant that bids to pay the | 15 |
| highest wagering tax shall be awarded the license.
| 16 |
| (b) Each applicant Applicants shall submit with its their | 17 |
| application all documents,
resolutions, and letters of support | 18 |
| from the governing body that represents
the municipality or | 19 |
| county wherein the licensee will dock.
| 20 |
| (c) Each applicant shall disclose the identity of every | 21 |
| person,
association, trust or corporation having a greater than | 22 |
| 1% direct or
indirect pecuniary interest in the riverboat | 23 |
| gambling operation with
respect to which the license is sought. | 24 |
| If the disclosed entity is a
trust, the application shall | 25 |
| disclose the names and addresses of the
beneficiaries; if a | 26 |
| corporation, the names and
addresses of all stockholders and |
|
|
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| directors; if a partnership, the names
and addresses of all | 2 |
| partners, both general and limited.
| 3 |
| (d) An application shall be filed with the Board by January | 4 |
| 1 of the
year preceding any calendar year for which an | 5 |
| applicant seeks an owners
license; however, applications for an | 6 |
| owners license permitting
operations on January 1, 1991 shall | 7 |
| be filed by July 1, 1990. An
application fee of $50,000 shall | 8 |
| be paid at the time of filing
to defray the costs associated | 9 |
| with the
background investigation conducted by the Board. If | 10 |
| the costs of the
investigation exceed $50,000, the applicant | 11 |
| shall pay the additional amount
to the Board. If the costs of | 12 |
| the investigation are less than $50,000, the
applicant shall | 13 |
| receive a refund of the remaining amount. All
information, | 14 |
| records, interviews, reports, statements, memoranda or other
| 15 |
| data supplied to or used by the Board in the course of its | 16 |
| review or
investigation of an application for a license under | 17 |
| this Act shall be
privileged, strictly confidential and shall | 18 |
| be used only for the purpose of
evaluating an applicant. Such | 19 |
| information, records, interviews, reports,
statements, | 20 |
| memoranda or other data shall not be admissible as evidence,
| 21 |
| nor discoverable in any action of any kind in any court or | 22 |
| before any
tribunal, board, agency or person, except for any | 23 |
| action deemed necessary
by the Board.
| 24 |
| (e) The Board shall charge each applicant a fee set by the | 25 |
| Department of
State Police to defray the costs associated with | 26 |
| the search and
classification of fingerprints obtained by the |
|
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| 1 |
| Board with respect to the
applicant's application. These fees | 2 |
| shall be paid into the State Police
Services Fund.
| 3 |
| (f) The licensed owner shall be the person primarily | 4 |
| responsible for the
boat itself. Only one riverboat gambling | 5 |
| operation may be authorized
by the Board on any riverboat. The | 6 |
| applicant must identify each riverboat
it intends to use and | 7 |
| certify that the riverboat: (1) has the authorized
capacity | 8 |
| required in this Act; (2) is accessible to disabled persons; | 9 |
| and
(3) is fully registered and licensed in accordance
with any | 10 |
| applicable laws.
| 11 |
| (g) A person who knowingly makes a false statement on an | 12 |
| application is
guilty of a Class A misdemeanor.
| 13 |
| (Source: P.A. 93-28, eff. 6-20-03.)
| 14 |
| (230 ILCS 10/13) (from Ch. 120, par. 2413)
| 15 |
| Sec. 13. Wagering tax; rate; distribution.
| 16 |
| (a) Until January 1, 1998, a tax is imposed on the adjusted | 17 |
| gross
receipts received from gambling games authorized under | 18 |
| this Act at the rate of
20%.
| 19 |
| (a-1) From January 1, 1998 until July 1, 2002, a privilege | 20 |
| tax is
imposed on persons engaged in the business of conducting | 21 |
| riverboat gambling
operations, based on the adjusted gross | 22 |
| receipts received by a licensed owner
from gambling games | 23 |
| authorized under this Act at the following rates:
| 24 |
| 15% of annual adjusted gross receipts up to and | 25 |
| including $25,000,000;
|
|
|
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| 1 |
| 20% of annual adjusted gross receipts in excess of | 2 |
| $25,000,000 but not
exceeding $50,000,000;
| 3 |
| 25% of annual adjusted gross receipts in excess of | 4 |
| $50,000,000 but not
exceeding $75,000,000;
| 5 |
| 30% of annual adjusted gross receipts in excess of | 6 |
| $75,000,000 but not
exceeding $100,000,000;
| 7 |
| 35% of annual adjusted gross receipts in excess of | 8 |
| $100,000,000.
| 9 |
| (a-2) From July 1, 2002 until July 1, 2003, a privilege tax | 10 |
| is 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 |
|
|
|
HB4707 |
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| 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-3) Beginning July 1, 2003, a privilege tax is imposed on | 5 |
| persons engaged
in the business of conducting riverboat | 6 |
| gambling operations, other than
licensed managers conducting | 7 |
| riverboat gambling operations on behalf of the
State, based on | 8 |
| the adjusted gross receipts received by a licensed owner from
| 9 |
| gambling games authorized under this Act at the following | 10 |
| rates:
| 11 |
| 15% of annual adjusted gross receipts up to and | 12 |
| including $25,000,000;
| 13 |
| 27.5% of annual adjusted gross receipts in excess of | 14 |
| $25,000,000 but not
exceeding $37,500,000;
| 15 |
| 32.5% of annual adjusted gross receipts in excess of | 16 |
| $37,500,000 but not
exceeding $50,000,000;
| 17 |
| 37.5% of annual adjusted gross receipts in excess of | 18 |
| $50,000,000 but not
exceeding $75,000,000;
| 19 |
| 45% of annual adjusted gross receipts in excess of | 20 |
| $75,000,000 but not
exceeding $100,000,000;
| 21 |
| 50% of annual adjusted gross receipts in excess of | 22 |
| $100,000,000 but not
exceeding $250,000,000;
| 23 |
| 70% of annual adjusted gross receipts in excess of | 24 |
| $250,000,000.
| 25 |
| An amount equal to the amount of wagering taxes collected | 26 |
| under this
subsection (a-3) that are in addition to the amount |
|
|
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| 1 |
| of wagering taxes that
would have been collected if the | 2 |
| wagering tax rates under subsection (a-2)
were in effect shall | 3 |
| be paid into the Common School Fund.
| 4 |
| The privilege tax imposed under this subsection (a-3) shall | 5 |
| no longer be
imposed beginning on the earlier of (i) July 1, | 6 |
| 2005; (ii) the first date
after June 20, 2003 that riverboat | 7 |
| gambling operations are conducted
pursuant to a dormant | 8 |
| license; or (iii) the first day that riverboat gambling
| 9 |
| operations are conducted under the authority of an owners | 10 |
| license that is in
addition to the 10 owners licenses initially | 11 |
| authorized under this Act.
For the purposes of this subsection | 12 |
| (a-3), the term "dormant license"
means an owners license that | 13 |
| is authorized by this Act under which no
riverboat gambling | 14 |
| operations are being conducted on June 20, 2003.
| 15 |
| (a-4) Beginning on the first day on which the tax imposed | 16 |
| under
subsection (a-3) is no longer imposed, for licenses | 17 |
| issued before the effective date of this amendatory Act of the | 18 |
| 96th General Assembly, a privilege tax is imposed on persons
| 19 |
| engaged in the business of conducting riverboat gambling | 20 |
| operations, other
than licensed managers conducting riverboat | 21 |
| gambling operations on behalf of
the State, based on the | 22 |
| adjusted gross receipts received by a licensed owner
from | 23 |
| gambling games authorized under this Act at the following | 24 |
| rates:
| 25 |
| 15% of annual adjusted gross receipts up to and | 26 |
| including $25,000,000;
|
|
|
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HB4707 |
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| 1 |
| 22.5% of annual adjusted gross receipts in excess of | 2 |
| $25,000,000 but not
exceeding $50,000,000;
| 3 |
| 27.5% of annual adjusted gross receipts in excess of | 4 |
| $50,000,000 but not
exceeding $75,000,000;
| 5 |
| 32.5% of annual adjusted gross receipts in excess of | 6 |
| $75,000,000 but not
exceeding $100,000,000;
| 7 |
| 37.5% of annual adjusted gross receipts in excess of | 8 |
| $100,000,000 but not
exceeding $150,000,000;
| 9 |
| 45% of annual adjusted gross receipts in excess of | 10 |
| $150,000,000 but not
exceeding $200,000,000;
| 11 |
| 50% of annual adjusted gross receipts in excess of | 12 |
| $200,000,000.
| 13 |
| For licenses issued on or after
the effective date of this | 14 |
| amendatory Act of the 96th General Assembly, a tax is
imposed | 15 |
| on the adjusted gross receipts received from gambling
games | 16 |
| authorized under this Act at the rate set in the applicant's | 17 |
| bid for its license, but in no case less than 20%. | 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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HB4707 |
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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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| 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 and the Video Gaming | 5 |
| Act, or to the
Department of Human Services for the | 6 |
| administration of programs to treat
problem gambling.
| 7 |
| (c-5) Before May 26, 2006 (the effective date of Public Act | 8 |
| 94-804) and beginning on the effective date of this amendatory | 9 |
| Act of the 95th General Assembly, unless any organization | 10 |
| licensee under the Illinois Horse Racing Act of 1975 begins to | 11 |
| operate a slot machine or video game of chance under the | 12 |
| Illinois Horse Racing Act of 1975 or this Act, 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 |
| (c-10) Each year the General Assembly shall appropriate | 23 |
| from the General
Revenue Fund to the Education Assistance Fund | 24 |
| an amount equal to the amount
paid into the Horse Racing Equity | 25 |
| Fund pursuant to subsection (c-5) in the
prior calendar year.
| 26 |
| (c-15) After the payments required under subsections (b), |
|
|
|
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| 1 |
| (c), and (c-5)
have been made, an amount equal to 2% of the | 2 |
| adjusted gross receipts of (1)
an owners licensee that | 3 |
| relocates pursuant to Section 11.2, (2) an owners
licensee | 4 |
| conducting riverboat gambling operations pursuant to
an
owners | 5 |
| license that is initially issued after June 25, 1999,
or (3) | 6 |
| the first
riverboat gambling operations conducted by a licensed | 7 |
| manager on behalf of the
State under Section 7.3,
whichever | 8 |
| comes first, shall be paid, subject to appropriation
from the | 9 |
| General Assembly, from the State Gaming Fund to each home rule
| 10 |
| county with a population of over 3,000,000 inhabitants for the | 11 |
| purpose of
enhancing the county's criminal justice system.
| 12 |
| (c-20) Each year the General Assembly shall appropriate | 13 |
| from the General
Revenue Fund to the Education Assistance Fund | 14 |
| an amount equal to the amount
paid to each home rule county | 15 |
| with a population of over 3,000,000 inhabitants
pursuant to | 16 |
| subsection (c-15) in the prior calendar year.
| 17 |
| (c-25) After the payments required under subsections (b), | 18 |
| (c), (c-5) and
(c-15) have been made, an amount equal to 2% of | 19 |
| the
adjusted gross receipts of (1) an owners licensee
that
| 20 |
| relocates pursuant to Section 11.2, (2) an
owners
licensee | 21 |
| conducting riverboat gambling operations pursuant to
an
owners | 22 |
| license
that is initially issued after June 25, 1999,
or (3) | 23 |
| the first
riverboat gambling operations conducted by a licensed | 24 |
| manager on behalf of the
State under Section 7.3,
whichever
| 25 |
| comes first,
shall be paid from the State
Gaming Fund to | 26 |
| Chicago State University.
|
|
|
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| 1 |
| (d) From time to time, the
Board shall transfer the | 2 |
| remainder of the funds
generated by this Act into the Education
| 3 |
| Assistance Fund, created by Public Act 86-0018, of the State of | 4 |
| Illinois.
| 5 |
| (e) Nothing in this Act shall prohibit the unit of local | 6 |
| government
designated as the home dock of the riverboat from | 7 |
| entering into agreements
with other units of local government | 8 |
| in this State or in other states to
share its portion of the | 9 |
| tax revenue.
| 10 |
| (f) To the extent practicable, the Board shall administer | 11 |
| and collect the
wagering taxes imposed by this Section in a | 12 |
| manner consistent with the
provisions of Sections 4, 5, 5a, 5b, | 13 |
| 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of the | 14 |
| Retailers' Occupation Tax Act and Section 3-7 of the
Uniform | 15 |
| Penalty and Interest Act.
| 16 |
| (Source: P.A. 95-331, eff. 8-21-07; 95-1008, eff. 12-15-08; | 17 |
| 96-37, eff. 7-13-09.)
| 18 |
| Section 99. Effective date. This Act takes effect upon | 19 |
| becoming law.
|
|