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92_SB2318
LRB9216132EGfg
1 AN ACT in relation to gambling.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Riverboat Gambling Act is amended by
5 changing Sections 2, 3, 6, 7, 11, and 13 as follows:
6 (230 ILCS 10/2) (from Ch. 120, par. 2402)
7 Sec. 2. Legislative Intent.
8 (a) This Act is intended to benefit the people of the
9 State of Illinois by assisting economic development and
10 promoting Illinois tourism.
11 (b) While authorization of riverboat gambling will
12 enhance investment, development and tourism in Illinois, it
13 is recognized that it will do so successfully only if public
14 confidence and trust in the credibility and integrity of the
15 gambling operations and the regulatory process is maintained.
16 Therefore, regulatory provisions of this Act are designed to
17 strictly regulate the facilities, persons, associations and
18 practices related to gambling operations pursuant to the
19 police powers of the State, including comprehensive law
20 enforcement supervision.
21 (c) The Illinois Gaming Board established under this Act
22 should, as soon as possible, inform each applicant for an
23 owners license of the Board's intent to grant or deny a
24 license.
25 (d) The purpose of competitive bidding for owners
26 licenses is to maximize the revenue paid to this State and
27 units of local government.
28 (Source: P.A. 86-1029.)
29 (230 ILCS 10/3) (from Ch. 120, par. 2403)
30 Sec. 3. Riverboat Gambling Authorized.
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1 (a) Riverboat gambling operations and the system of
2 wagering incorporated therein, as defined in this Act, are
3 hereby authorized to the extent that they are carried out in
4 accordance with the provisions of this Act.
5 (b) This Act does not apply to the pari-mutuel system of
6 wagering used or intended to be used in connection with the
7 horse-race meetings as authorized under the Illinois Horse
8 Racing Act of 1975, lottery games authorized under the
9 Illinois Lottery Law, bingo authorized under the Bingo
10 License and Tax Act, charitable games authorized under the
11 Charitable Games Act or pull tabs and jar games conducted
12 under the Illinois Pull Tabs and Jar Games Act.
13 (c) Riverboat gambling conducted pursuant to this Act
14 may be authorized upon any water within the State of Illinois
15 or any water other than Lake Michigan which constitutes a
16 boundary of the State of Illinois. A licensee may conduct
17 riverboat gambling authorized under this Act regardless of
18 whether it conducts excursion cruises. A licensee may permit
19 the continuous ingress and egress of passengers for the
20 purpose of gambling.
21 (Source: P.A. 91-40, eff. 6-25-99.)
22 (230 ILCS 10/6) (from Ch. 120, par. 2406)
23 Sec. 6. Application for Owners License.
24 (a) A qualified person may apply to the Board for an
25 owners license to conduct a riverboat gambling operation as
26 provided in this Act. The application shall be made on forms
27 provided by the Board and shall contain such information as
28 the Board prescribes, including but not limited to the
29 identity of the riverboat on which such gambling operation is
30 to be conducted and the exact location where such riverboat
31 will be docked, a certification that the riverboat will be
32 registered under this Act at all times during which gambling
33 operations are conducted on board, detailed information
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1 regarding the ownership and management of the applicant, and
2 detailed personal information regarding the applicant.
3 Information provided on the application shall be used as a
4 basis for a thorough background investigation which the Board
5 shall conduct with respect to each applicant. An incomplete
6 application shall be cause for denial of a license by the
7 Board.
8 (b) Applicants shall submit with their application all
9 documents, resolutions, and letters of support from the
10 governing body that represents the municipality or county
11 wherein the licensee will dock.
12 (c) Each applicant shall disclose the identity of every
13 person, association, trust or corporation having a greater
14 than 1% direct or indirect pecuniary interest in the
15 riverboat gambling operation with respect to which the
16 license is sought. If the disclosed entity is a trust, the
17 application shall disclose the names and addresses of the
18 beneficiaries; if a corporation, the names and addresses of
19 all stockholders and directors; if a partnership, the names
20 and addresses of all partners, both general and limited.
21 (d) An application shall be filed with the Board by
22 January 1 of the year preceding any calendar year for which
23 an applicant seeks an owners license; however, applications
24 for an owners license permitting operations on January 1,
25 1991 shall be filed by July 1, 1990 and applications for
26 licenses authorized under this amendatory Act of the 92nd
27 General Assembly shall be filed by deadlines established by
28 the Board. In the case of an owners license to be awarded
29 through the competitive bidding process, the Board shall
30 solicit applications by publishing an advertisement at least
31 3 times, the first and last of which publications shall be at
32 least 10 days apart, in trade publications, business
33 newspapers such as the Wall Street Journal, and the
34 newspapers that are in the top 10 in circulation in Illinois.
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1 The advertisement shall state the procedure for applying for
2 an owners license and shall state the deadline for
3 applications. The Board shall also notify all parties who
4 have ever applied for an owners license under this Act. An
5 application fee of $50,000 shall be paid at the time of
6 filing to defray the costs associated with the background
7 investigation conducted by the Board. If the costs of the
8 investigation exceed $50,000, the applicant shall pay the
9 additional amount to the Board. If the costs of the
10 investigation are less than $50,000, the applicant shall
11 receive a refund of the remaining amount. All information,
12 records, interviews, reports, statements, memoranda or other
13 data supplied to or used by the Board in the course of its
14 review or investigation of an application for a license under
15 this Act shall be privileged, strictly confidential and shall
16 be used only for the purpose of evaluating an applicant.
17 Such information, records, interviews, reports, statements,
18 memoranda or other data shall not be admissible as evidence,
19 nor discoverable in any action of any kind in any court or
20 before any tribunal, board, agency or person, except for any
21 action deemed necessary by the Board.
22 (e) The Board shall charge each applicant a fee set by
23 the Department of State Police to defray the costs associated
24 with the search and classification of fingerprints obtained
25 by the Board with respect to the applicant's application.
26 These fees shall be paid into the State Police Services Fund.
27 (f) The licensed owner shall be the person primarily
28 responsible for the boat itself. Only one riverboat gambling
29 operation may be authorized by the Board on any riverboat.
30 The applicant must identify each riverboat it intends to use
31 and certify that the riverboat: (1) has the authorized
32 capacity required in this Act; (2) is accessible to disabled
33 persons; and (3) is fully registered and licensed in
34 accordance with any applicable laws.
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1 (g) A person who knowingly makes a false statement on an
2 application is guilty of a Class A misdemeanor.
3 (Source: P.A. 91-40, eff. 6-25-99.)
4 (230 ILCS 10/7) (from Ch. 120, par. 2407)
5 Sec. 7. Owners Licenses.
6 (a) The Board shall, upon completion of the
7 investigation required under Section 6, make a determination
8 as to whether each applicant for an owners license is
9 suitable for licensing issue owners licenses to persons,
10 firms or corporations which apply for such licenses upon
11 payment to the Board of the non-refundable license fee set by
12 the Board, upon payment of a $25,000 license fee for the
13 first year of operation and a $5,000 license fee for each
14 succeeding year and upon a determination by the Board that
15 the applicant is eligible for an owners license pursuant to
16 this Act and the rules of the Board. A person, firm or
17 corporation is ineligible to receive an owners license if:
18 (1) the person has been convicted of a felony under
19 the laws of this State, any other state, or the United
20 States;
21 (2) the person has been convicted of any violation
22 of Article 28 of the Criminal Code of 1961, or
23 substantially similar laws of any other jurisdiction;
24 (3) the person has submitted an application for a
25 license under this Act which contains false information;
26 (4) the person is a member of the Board;
27 (5) a person defined in (1), (2), (3) or (4) is an
28 officer, director or managerial employee of the firm or
29 corporation;
30 (6) the firm or corporation employs a person
31 defined in (1), (2), (3) or (4) who participates in the
32 management or operation of gambling operations authorized
33 under this Act;
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1 (7) (blank); or
2 (8) a license of the person, firm or corporation
3 issued under this Act, or a license to own or operate
4 gambling facilities in any other jurisdiction, has been
5 revoked.
6 (b) In determining the suitability of whether to grant
7 an owners license to an applicant for an owners license, the
8 Board shall consider:
9 (1) the character, reputation, experience and
10 financial integrity of the applicants and of any other or
11 separate person that either:
12 (A) controls, directly or indirectly, such
13 applicant, or
14 (B) is controlled, directly or indirectly, by
15 such applicant or by a person which controls,
16 directly or indirectly, such applicant;
17 (2) the facilities or proposed facilities for the
18 conduct of riverboat gambling;
19 (3) the highest prospective total revenue to be
20 derived by the State from the conduct of riverboat
21 gambling;
22 (4) the good faith affirmative action plan of each
23 applicant to recruit, train and upgrade minorities in all
24 employment classifications;
25 (5) the financial ability of the applicant to
26 purchase and maintain adequate liability and casualty
27 insurance;
28 (6) whether the applicant has adequate
29 capitalization to provide and maintain, for the duration
30 of a license, a riverboat; and
31 (7) the extent to which the applicant exceeds or
32 meets other standards for the issuance of an owners
33 license which the Board may adopt by rule.
34 (c) (Blank). Each owners license shall specify the place
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1 where riverboats shall operate and dock.
2 (d) Each applicant shall submit with his application, on
3 forms provided by the Board, 2 sets of his fingerprints.
4 (e) The Board may issue up to 10 licenses authorizing
5 the holders of such licenses to own riverboats. In the
6 application for an owners license, the applicant shall state
7 the dock at which the riverboat is based and the water on
8 which the riverboat will be located.
9 (e-1) For the purpose of awarding licenses under this
10 Section, the Board shall divide the State into 3 zones. Zone
11 1 shall be comprised of a county with a population of more
12 than 3,000,000, zone 2 shall be comprised of the counties
13 that are contiguous to a county with a population of more
14 than 3,000,000, and zone 3 shall be comprised of the rest of
15 the State.
16 (e-2) After the Board makes its determination as to the
17 suitability of applicants for a license, the Board shall
18 notify each applicant of its determination, and the Board
19 shall notify the applicants found to be suitable that they
20 may bid for the license. Bids shall be expressed as a
21 percentage of adjusted gross receipts to be paid into the
22 State Gaming Fund, in addition to the wagering tax required
23 to be paid under Section 13, during the period of the
24 license. Licenses shall be awarded to the highest bidders,
25 with at least 3 licenses being awarded in each zone. No more
26 than 2 licenses shall be awarded within the same county in
27 zones 2 and 3. The Board shall include time limits and any
28 appropriate bid specifications. The Board shall award the
29 license to the applicant whose application and bid, in the
30 opinion of the Board, shall result in the greatest amount of
31 revenue, in the form of wagering tax and the additional
32 payments in accordance with the bid, for the duration of the
33 license. Notwithstanding the other provisions of this
34 Section, the Board may reject any bid. The Board shall notify
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1 each applicant of its final decision, and shall publicly
2 disclose the amount of the winning bid. The amounts paid by
3 a successful applicant in addition to the wagering tax under
4 the terms of its bid shall be paid and distributed in
5 accordance with subsection (b-1) of Section 13.
6 (e-3) The Board shall issue a temporary license to any
7 licensee who loses his license under the competitive bidding
8 process established in this Section. The temporary license
9 shall be effective until the winning bidder for that license
10 begins riverboat gambling operations.
11 (e-4) An applicant whose bid is selected under
12 subsection (e-2) shall be awarded a license upon payment to
13 the Board of a $25,000 license fee for the first year of
14 operation and a $5,000 license fee for each succeeding year.
15 Each license awarded under subsection (e-2) shall be issued
16 for a 10-year period.
17 (e-5) Each owners license shall specify the place where
18 riverboats shall operate and dock.
19 (e-6) The Board may not issue a license to an applicant
20 for a license to conduct riverboat gambling unless, in
21 accordance with subsection (j), riverboat gambling has been
22 approved by the governing body of the appropriate unit of
23 local government and a referendum, if required under
24 subsection (j), has been held at which the electors have
25 approved the docking of riverboats. The Board shall issue 5
26 licenses to become effective not earlier than January 1,
27 1991. Three of such licenses shall authorize riverboat
28 gambling on the Mississippi River, one of which shall
29 authorize riverboat gambling from a home dock in the city of
30 East St. Louis. One other license shall authorize riverboat
31 gambling on the Illinois River south of Marshall County. The
32 Board shall issue 1 additional license to become effective
33 not earlier than March 1, 1992, which shall authorize
34 riverboat gambling on the Des Plaines River in Will County.
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1 The Board may issue 4 additional licenses to become effective
2 not earlier than March 1, 1992. In determining the water
3 upon which riverboats will operate, the Board shall consider
4 the economic benefit which riverboat gambling confers on the
5 State, and shall seek to assure that all regions of the State
6 share in the economic benefits of riverboat gambling.
7 In granting all licenses, the Board may give favorable
8 consideration to economically depressed areas of the State,
9 to applicants presenting plans which provide for significant
10 economic development over a large geographic area, and to
11 applicants who currently operate non-gambling riverboats in
12 Illinois. The Board shall review all applications for owners
13 licenses, and shall inform each applicant of the Board's
14 decision.
15 The Board may revoke the owners license of a licensee
16 which fails to begin conducting gambling within 15 months of
17 receipt of the Board's approval of the application if the
18 Board determines that license revocation is in the best
19 interests of the State.
20 (f) The first 10 owners Licenses issued under this Act
21 shall permit the holder to own up to 2 riverboats and
22 equipment thereon. A license issued before the effective date
23 of this amendatory Act of the 92nd General Assembly shall be
24 valid for a period of 3 years after the effective date of the
25 license.
26 (f-1) Holders of the first 10 owners licenses issued
27 under this Section must pay the annual license fee for each
28 year of the 3 years during which they are authorized to own
29 riverboats.
30 (g) Upon the termination, expiration, or revocation of
31 each of the first 10 licenses issued before the effective
32 date of this amendatory Act of the 92nd General Assembly,
33 each license shall be awarded for a 10-year period through
34 the competitive bidding process in accordance with subsection
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1 (e-2). Upon the termination, expiration, or revocation of a
2 license awarded for a 10-year period, the license shall be
3 awarded for a 10-year period through the competitive bidding
4 process in accordance with subsection (e-2).
5 (g-1) Any agreement or collusion among bidders or
6 prospective bidders for owners licenses in restraint of
7 freedom of competition by agreement to bid a fixed price or
8 by any other method shall render the bids of the bidders
9 void. Each bidder for an owners license shall accompany his
10 or her bid with a sworn statement, or otherwise swear or
11 affirm, that he or she has not been a party to any such
12 agreement or collusion. A bidder found to have participated
13 in a collusive agreement under this Section shall be
14 prevented from ever owning a license to conduct riverboat
15 gambling. which shall be issued for a 3 year period, all
16 licenses are renewable annually upon payment of the fee and a
17 determination by the Board that the licensee continues to
18 meet all of the requirements of this Act and the Board's
19 rules. However, for licenses renewed on or after May 1,
20 1998, renewal shall be for a period of 4 years, unless the
21 Board sets a shorter period.
22 (h) An owners license shall entitle the licensee to own
23 up to 2 riverboats. A licensee shall limit the number of
24 gambling participants to 1,200 for any such owners license. A
25 licensee may operate both of its riverboats concurrently,
26 provided that the total number of gambling participants on
27 both riverboats does not exceed 1,200. Riverboats licensed to
28 operate on the Mississippi River and the Illinois River south
29 of Marshall County shall have an authorized capacity of at
30 least 500 persons. Any other riverboat licensed under this
31 Act shall have an authorized capacity of at least 400
32 persons.
33 (i) A licensed owner is authorized to apply to the Board
34 for and, if approved therefor, to receive all licenses from
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1 the Board necessary for the operation of a riverboat,
2 including a liquor license, a license to prepare and serve
3 food for human consumption, and other necessary licenses.
4 All use, occupation and excise taxes which apply to the sale
5 of food and beverages in this State and all taxes imposed on
6 the sale or use of tangible personal property apply to such
7 sales aboard the riverboat.
8 (j) The Board may issue a license authorizing a
9 riverboat to dock in a municipality or approve a relocation
10 under Section 11.2 only if, prior to the issuance of the
11 license:
12 (1) a petition is filed in accordance with Article
13 28 of the Election Code seeking submission of the
14 question "Shall riverboat gambling be permitted in (name
15 of municipality)?" to the electors of the municipality,
16 the question is submitted to the electors of the
17 municipality in accordance with Article 28 of the
18 Election Code, and the question is approved by a majority
19 of the electors voting on the question in the election at
20 which the question is submitted, except as follows:
21 (A) If the docking of gambling riverboats is
22 sought in a municipality at a location that is
23 within zone 1, the question under this item (1)
24 shall name the township (rather than the
25 municipality) in which the docking of gambling
26 riverboats is sought to be permitted and the
27 question must be submitted to and approved by a
28 majority of the electors of the township (rather
29 than the municipality) in which the docking of
30 gambling riverboats is sought to be permitted.
31 (B) A referendum under this item (1) is not
32 required in the case of a license authorizing a
33 riverboat to dock in a municipality with more than
34 1,000,000 inhabitants.
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1 (2) in the case of any license issued under this
2 Act, or approval, the governing body of the municipality
3 in which the riverboat will dock has by a majority vote
4 approved the docking of riverboats in the municipality.
5 The Board may issue a license authorizing a riverboat to
6 dock in areas of a county outside any municipality or approve
7 a relocation under Section 11.2 only if, prior to the
8 issuance of the license:
9 (i) a petition is filed in accordance with Article
10 28 of the Election Code seeking submission of the
11 question "Shall riverboat gambling be permitted in (name
12 of county)?" to the electors of the county, the question
13 is submitted to the electors of the county in accordance
14 with Article 28 of the Election Code, and the question is
15 approved by a majority of the electors voting on the
16 question in the election at which the question is
17 submitted; however, in the case of a license authorizing
18 a riverboat to dock in an unincorporated area of a county
19 that is divided into townships, the question under this
20 item (i) must name the township (rather than the county)
21 in which the docking of gambling riverboats is sought to
22 be permitted and the question must be submitted to and
23 approved by a majority of the electors of the township
24 (rather than the county) in which the docking of gambling
25 riverboats is sought to be permitted; and
26 (ii) in the case of any license issued under this
27 Act or approval, the governing body of the county has by
28 a majority vote approved of the docking of riverboats
29 within such areas.
30 (Source: P.A. 91-40, eff. 6-25-99.)
31 (230 ILCS 10/11) (from Ch. 120, par. 2411)
32 Sec. 11. Conduct of gambling. Gambling may be conducted
33 by licensed owners aboard riverboats, subject to the
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1 following standards:
2 (1) A licensee may conduct riverboat gambling
3 authorized under this Act regardless of whether it
4 conducts excursion cruises. A licensee may permit the
5 continuous ingress and egress of passengers for the
6 purpose of gambling.
7 (2) (Blank).
8 (3) Minimum and maximum wagers on games shall be
9 set by the licensee.
10 (4) Agents of the Board and the Department of State
11 Police may board and inspect any riverboat at any time
12 for the purpose of determining whether this Act is being
13 complied with. Every riverboat, if under way and being
14 hailed by a law enforcement officer or agent of the
15 Board, must stop immediately and lay to. Holders of
16 licenses to conduct riverboat gambling shall pay the
17 State Police the actual cost of inspection under this
18 Section.
19 (5) Employees of the Board shall have the right to
20 be present on the riverboat or on adjacent facilities
21 under the control of the licensee.
22 (6) Gambling equipment and supplies customarily
23 used in conducting riverboat gambling must be purchased
24 or leased only from suppliers licensed for such purpose
25 under this Act.
26 (7) Persons licensed under this Act shall permit no
27 form of wagering on gambling games except as permitted by
28 this Act.
29 (8) Wagers may be received only from a person
30 present on a licensed riverboat. No person present on a
31 licensed riverboat shall place or attempt to place a
32 wager on behalf of another person who is not present on
33 the riverboat.
34 (9) Wagering shall not be conducted with money or
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1 other negotiable currency.
2 (10) A person under age 21 shall not be permitted
3 on an area of a riverboat where gambling is being
4 conducted, except for a person at least 18 years of age
5 who is an employee of the riverboat gambling operation.
6 No employee under age 21 shall perform any function
7 involved in gambling by the patrons. No person under age
8 21 shall be permitted to make a wager under this Act.
9 (11) Gambling excursion cruises are permitted only
10 when the waterway for which the riverboat is licensed is
11 navigable, as determined by the Board in consultation
12 with the U.S. Army Corps of Engineers. This paragraph
13 (11) does not limit the ability of a licensee to conduct
14 gambling authorized under this Act when gambling
15 excursion cruises are not permitted.
16 (12) All tokens, chips or electronic cards used to
17 make wagers must be purchased from a licensed owner
18 either aboard a riverboat or at an onshore facility which
19 has been approved by the Board and which is located where
20 the riverboat docks. The tokens, chips or electronic
21 cards may be purchased by means of an agreement under
22 which the owner extends credit to the patron. Such
23 tokens, chips or electronic cards may be used while
24 aboard the riverboat only for the purpose of making
25 wagers on gambling games.
26 (13) Notwithstanding any other Section of this Act,
27 in addition to the other licenses authorized under this
28 Act, the Board may issue special event licenses allowing
29 persons who are not otherwise licensed to conduct
30 riverboat gambling to conduct such gambling on a
31 specified date or series of dates. Riverboat gambling
32 under such a license may take place on a riverboat not
33 normally used for riverboat gambling. The Board shall
34 establish standards, fees and fines for, and limitations
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1 upon, such licenses, which may differ from the standards,
2 fees, fines and limitations otherwise applicable under
3 this Act. All such fees shall be deposited into the
4 State Gaming Fund. All such fines shall be deposited
5 into the Education Assistance Fund, created by Public Act
6 86-0018, of the State of Illinois.
7 (14) In addition to the above, gambling must be
8 conducted in accordance with all rules adopted by the
9 Board.
10 (Source: P.A. 91-40, eff. 6-25-99.)
11 (230 ILCS 10/13) (from Ch. 120, par. 2413)
12 Sec. 13. Wagering tax; rate; distribution.
13 (a) Until January 1, 1998, a tax is imposed on the
14 adjusted gross receipts received from gambling games
15 authorized under this Act at the rate of 20%.
16 Beginning January 1, 1998, a privilege tax is imposed on
17 persons engaged in the business of conducting riverboat
18 gambling operations, based on the adjusted gross receipts
19 received by a licensed owner from gambling games authorized
20 under this Act at the following rates:
21 15% of annual adjusted gross receipts up to and
22 including $25,000,000;
23 20% of annual adjusted gross receipts in excess of
24 $25,000,000 but not exceeding $50,000,000;
25 25% of annual adjusted gross receipts in excess of
26 $50,000,000 but not exceeding $75,000,000;
27 30% of annual adjusted gross receipts in excess of
28 $75,000,000 but not exceeding $100,000,000;
29 35% of annual adjusted gross receipts in excess of
30 $100,000,000.
31 The taxes imposed by this Section shall be paid by the
32 licensed owner to the Board not later than 3:00 o'clock p.m.
33 of the day after the day when the wagers were made.
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1 (b) Until January 1, 1998, 25% of the tax revenue
2 deposited in the State Gaming Fund under this Section shall
3 be paid, subject to appropriation by the General Assembly, to
4 the unit of local government which is designated as the home
5 dock of the riverboat. Beginning January 1, 1998, from the
6 tax revenue deposited in the State Gaming Fund under this
7 Section, an amount equal to 5% of adjusted gross receipts
8 generated by a riverboat shall be paid monthly, subject to
9 appropriation by the General Assembly, to the unit of local
10 government that is designated as the home dock of the
11 riverboat.
12 (b-1) In addition to the tax payable under this Section,
13 a licensed owner shall pay to the Board a percentage of its
14 adjusted gross receipts equal to its bid under Section 7 in
15 the same manner as taxes are paid under subsection (a).
16 Payments made under this subsection (b-1) shall be
17 distributed as follows:
18 (i) Twenty-five percent shall be paid, subject to
19 appropriation, to the unit of local government that is
20 designated as the home dock of the riverboat.
21 (ii) Seventy-five percent shall be paid into the
22 General Revenue Fund.
23 (c) Appropriations, as approved by the General Assembly,
24 may be made from the State Gaming Fund to the Department of
25 Revenue and the Department of State Police for the
26 administration and enforcement of this Act.
27 (c-5) After the payments required under subsections (b)
28 and (c) have been made, an amount equal to 15% of the
29 adjusted gross receipts of a riverboat (1) that relocates
30 pursuant to Section 11.2, or (2) for which an owners license
31 is initially issued after the effective date of this
32 amendatory Act of 1999, whichever comes first, shall be paid
33 from the State Gaming Fund into the Horse Racing Equity Fund.
34 (c-10) Each year the General Assembly shall appropriate
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1 from the General Revenue Fund to the Education Assistance
2 Fund an amount equal to the amount paid into the Horse Racing
3 Equity Fund pursuant to subsection (c-5) in the prior
4 calendar year.
5 (c-15) After the payments required under subsections
6 (b), (c), and (c-5) have been made, an amount equal to 2% of
7 the adjusted gross receipts of a riverboat (1) that relocates
8 pursuant to Section 11.2, or (2) for which an owners license
9 is initially issued after the effective date of this
10 amendatory Act of 1999, whichever comes first, shall be paid,
11 subject to appropriation from the General Assembly, from the
12 State Gaming Fund to each home rule county with a population
13 of over 3,000,000 inhabitants for the purpose of enhancing
14 the county's criminal justice system.
15 (c-20) Each year the General Assembly shall appropriate
16 from the General Revenue Fund to the Education Assistance
17 Fund an amount equal to the amount paid to each home rule
18 county with a population of over 3,000,000 inhabitants
19 pursuant to subsection (c-15) in the prior calendar year.
20 (c-25) After the payments required under subsections
21 (b), (c), (c-5) and (c-15) have been made, an amount equal to
22 2% of the adjusted gross receipts of a riverboat (1) that
23 relocates pursuant to Section 11.2, or (2) for which an
24 owners license is initially issued after the effective date
25 of this amendatory Act of 1999, whichever comes first, shall
26 be paid from the State Gaming Fund into the State
27 Universities Athletic Capital Improvement Fund.
28 (d) From time to time, the Board shall transfer the
29 remainder of the funds generated by this Act into the
30 Education Assistance Fund, created by Public Act 86-0018, of
31 the State of Illinois.
32 (e) Nothing in this Act shall prohibit the unit of local
33 government designated as the home dock of the riverboat from
34 entering into agreements with other units of local government
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1 in this State or in other states to share its portion of the
2 tax revenue.
3 (f) To the extent practicable, the Board shall
4 administer and collect the wagering taxes imposed by this
5 Section in a manner consistent with the provisions of
6 Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
7 6c, 8, 9, and 10 of the Retailers' Occupation Tax Act and
8 Section 3-7 of the Uniform Penalty and Interest Act.
9 (Source: P.A. 90-548, eff. 12-4-97; 91-40, eff. 6-25-99.)
10 (230 ILCS 10/11.2 rep.)
11 Section 10. The Riverboat Gambling Act is amended by
12 repealing Section 11.2.
13 (230 ILCS 5/54 rep.)
14 Section 15. The Illinois Horse Racing Act of 1975 is
15 amended by repealing Section 54.
16 Section 99. Effective date. This Act takes effect upon
17 becoming law.