*LRB09517556AMC43630b* SB2210 95THEngrossed GENERALLRB095 ASSEMBLY17556 StateAMC of43630 Illinoisb andAN 2008ACT SB2210concerning Introducedgaming. 2/14/2008, by Sen.
Ira I.
Silverstein SYNOPSIS AS INTRODUCED:
See Index Amends the Riverboat Gambling Act.
Provides that applications for owners licenses shall be considered in accordance with the rules of the Illinois Gaming Board (deleting statutory deadlines for filing the applications).
Makes changes in provisions concerning the determining factors in the Board’s decision in granting owners licenses.
Makes changes concerning the criteria for an occupational license.
Provides that excursion cruises shall not exceed 4 hours for a round trip, but that the Board may grant express approval for an extended cruise on a case-by-case basis.
Provides exceptions to the requirement that gambling equipment and supplies must be purchased or leased only from suppliers licensed under the Act.
Provides that any winnings that are a result of a wager by a person under age 21 shall be treated as winnings for privilege tax purposes, confiscated, and forfeited to the State and deposited into the Education Assistance Fund.
Provides that the privilege tax shall be paid to the Board not later than 5:00 (was 3:00) o’clock p.m.
of the day after the day when the wagers were made.
Requires that, within 90 days after the end of each quarter of each fiscal year, the licensed owner or manager shall transmit to the Board a compliance report on engagement procedures determined by the Board.
Provides that a person under the age of 21 who enters upon a riverboat commits a petty offense and is subject to a fine.
Makes other changes.
Effective immediately.
LRB095 17556 AMC 43630 b FISCAL NOTE ACT MAY APPLY A BILL FOR SB2210 LRB095 17556 AMC 43630 b AN ACT concerning gaming.
SB2210 Engrossed - 2 - LRB095 17556 AMC 43630 b (e) "Managers license" means a license issued by the Board to a person or entity to manage gambling operations conducted by the State pursuant to Section 7.3.
8-21-07.) SB2210 Engrossed - 3 - LRB095 17556 AMC 43630 b (230 ILCS 10/6) (from Ch.
(c) Each applicant shall disclose the identity of every SB2210 Engrossed - 4 - LRB095 17556 AMC 43630 b person, association, trust or corporation having a greater than 1% direct or indirect pecuniary interest in the riverboat gambling operation with respect to which the license is sought.
Such information, records, interviews, reports, statements, SB2210 Engrossed - 5 - LRB095 17556 AMC 43630 b memoranda or other data shall not be admissible as evidence, nor discoverable in any action of any kind in any court or before any tribunal, board, agency or person, except for any action deemed necessary by the Board.
(a) The Board shall issue owners licenses to persons, firms or corporations which apply for such licenses upon payment to the Board of the non-refundable license fee set by the Board, SB2210 Engrossed - 6 - LRB095 17556 AMC 43630 b upon payment of a $25,000 license fee for the first year of operation and a $5,000 license fee for each succeeding year and upon a determination by the Board that the applicant is eligible for an owners license pursuant to this Act and the rules of the Board.
(2) the person has been convicted of any violation of Article 28 of the Criminal Code of 1961, or substantially SB2210 Engrossed - 7 - LRB095 17556 AMC 43630 b similar laws of any other jurisdiction;
(2) the facilities or proposed facilities for the SB2210 Engrossed - 8 - LRB095 17556 AMC 43630 b conduct of riverboat gambling;
In the application for an owners license, the applicant shall state the dock at SB2210 Engrossed - 9 - LRB095 17556 AMC 43630 b which the riverboat is based and the water on which the riverboat will be located.
In granting all licenses, the Board may give favorable consideration to economically depressed areas of the State, to SB2210 Engrossed - 10 - LRB095 17556 AMC 43630 b applicants presenting plans which provide for significant economic development over a large geographic area, and to applicants who currently operate non-gambling riverboats in Illinois.
(g) Upon the termination, expiration, or revocation of each of the first 10 licenses, which shall be issued for a 3 year period, all licenses are renewable annually upon payment of the SB2210 Engrossed - 11 - LRB095 17556 AMC 43630 b fee and a determination by the Board that the licensee continues to meet all of the requirements of this Act and the Board’s rules.
(j) The Board may issue or re-issue a license authorizing a riverboat to dock in a municipality or approve a relocation SB2210 Engrossed - 12 - LRB095 17556 AMC 43630 b under Section 11.2 only if, prior to the issuance or re-issuance of the license or approval, the governing body of the municipality in which the riverboat will dock has by a majority vote approved the docking of riverboats in the municipality.
(2) not have been convicted of a felony offense, a SB2210 Engrossed - 13 - LRB095 17556 AMC 43630 b violation of Article 28 of the Criminal Code of 1961, or a similar statute of any other jurisdiction, or a crime involving dishonesty or moral turpitude;
The applicant shall set SB2210 Engrossed - 14 - LRB095 17556 AMC 43630 b forth in the application:
(3) for any cause which, if known to the Board, would have disqualified the applicant from receiving such SB2210 Engrossed - 15 - LRB095 17556 AMC 43630 b license;
(1) A licensee may conduct riverboat gambling authorized under this Act regardless of whether it conducts SB2210 Engrossed - 16 - LRB095 17556 AMC 43630 b excursion cruises.
SB2210 Engrossed - 17 - LRB095 17556 AMC 43630 b (7) Persons licensed under this Act shall permit no form of wagering on gambling games except as permitted by this Act.
This paragraph (11) does not limit the ability of a licensee to conduct gambling SB2210 Engrossed - 18 - LRB095 17556 AMC 43630 b authorized under this Act when gambling excursion cruises are not permitted.
All such fines shall be deposited into the Education Assistance Fund, created by Public Act 86-0018, of the State of SB2210 Engrossed - 19 - LRB095 17556 AMC 43630 b Illinois.
SB2210 Engrossed - 20 - LRB095 17556 AMC 43630 b (a-2) From July 1, 2002 until July 1, 2003, a privilege tax is imposed on persons engaged in the business of conducting riverboat gambling operations, other than licensed managers conducting riverboat gambling operations on behalf of the State, based on the adjusted gross receipts received by a licensed owner from gambling games authorized under this Act at the following rates:
(a-3) Beginning July 1, 2003, a privilege tax is imposed on persons engaged in the business of conducting riverboat gambling operations, other than licensed managers conducting riverboat gambling operations on behalf of the State, based on the adjusted gross receipts received by a licensed owner from SB2210 Engrossed - 21 - LRB095 17556 AMC 43630 b gambling games authorized under this Act at the following rates:
or (iii) the first day that riverboat gambling SB2210 Engrossed - 22 - LRB095 17556 AMC 43630 b operations are conducted under the authority of an owners license that is in addition to the 10 owners licenses initially authorized under this Act.
SB2210 Engrossed - 23 - LRB095 17556 AMC 43630 b 50% of annual adjusted gross receipts in excess of $200,000,000.
The obligation imposed under this subsection (a-15) terminates on the earliest SB2210 Engrossed - 24 - LRB095 17556 AMC 43630 b of:
SB2210 Engrossed - 25 - LRB095 17556 AMC 43630 b "Base amount" means the following:
Beginning January 1, 1998, from the tax revenue deposited in the State Gaming Fund under this Section, an SB2210 Engrossed - 26 - LRB095 17556 AMC 43630 b amount equal to 5% of adjusted gross receipts generated by a riverboat shall be paid monthly, subject to appropriation by the General Assembly, to the unit of local government that is designated as the home dock of the riverboat.
(c-5) Before May 26, 2006 (the effective date of Public Act 94-804) and beginning 2 years after May 26, 2006 (the effective date of Public Act 94-804), after the payments required under subsections (b) and (c) have been made, an amount equal to 15% of the adjusted gross receipts of (1) an owners licensee that relocates pursuant to Section 11.2, (2) an owners licensee conducting riverboat gambling operations pursuant to an owners license that is initially issued after June 25, 1999, or (3) SB2210 Engrossed - 27 - LRB095 17556 AMC 43630 b the first riverboat gambling operations conducted by a licensed manager on behalf of the State under Section 7.3, whichever comes first, shall be paid from the State Gaming Fund into the Horse Racing Equity Fund.
(c-25) After the payments required under subsections (b), SB2210 Engrossed - 28 - LRB095 17556 AMC 43630 b (c), (c-5) and (c-15) have been made, an amount equal to 2% of the adjusted gross receipts of (1) an owners licensee that relocates pursuant to Section 11.2, (2) an owners licensee conducting riverboat gambling operations pursuant to an owners license that is initially issued after June 25, 1999, or (3) the first riverboat gambling operations conducted by a licensed manager on behalf of the State under Section 7.3, whichever comes first, shall be paid from the State Gaming Fund to Chicago State University.
8-21-07.) SB2210 Engrossed - 29 - LRB095 17556 AMC 43630 b (230 ILCS 10/15) (from Ch.
SB2210 Engrossed - 30 - LRB095 17556 AMC 43630 b (b) A person is guilty of a Class B misdemeanor for doing any of the following:
(2) Solicits or knowingly accepts or receives a promise of anything of value or benefit while the person is connected with a riverboat including, but not limited to, SB2210 Engrossed - 31 - LRB095 17556 AMC 43630 b an officer or employee of a licensed owner, or holder of an occupational license, pursuant to an understanding or arrangement or with the intent that the promise or thing of value or benefit will influence the actions of the person to affect or attempt to affect the outcome of a gambling game, or to influence official action of a member of the Board.
(7) Places a bet after acquiring knowledge, not available to all players, of the outcome of the gambling game which is subject of the bet or to aid a person in SB2210 Engrossed - 32 - LRB095 17556 AMC 43630 b acquiring the knowledge for the purpose of placing a bet contingent on that outcome.
(f) A person under the age of 21 who, except as authorized under paragraph (10) of Section 11, enters upon a riverboat commits a petty offense and is subject to a fine of not less than $100 or more than $250 for a first offense and of not less SB2210 Engrossed - 33 - LRB095 17556 AMC 43630 b than $200 or more than $500 for a second or subsequent offense.
SB2210 Engrossed - 34 - LRB095 17556 AMC 43630 b INDEX Statutes amended in order of appearance 230 ILCS 10/4 from Ch.