Bill Text: IL HB1065 | 2013-2014 | 98th General Assembly | Introduced
Bill Title: Amends the Riverboat Gambling Act. Provides that notwithstanding any other provision of the Act, no gaming positions operated within the corporate limits of the City of Chicago may be physically located within 20 miles of the gaming positions operated by a licensee that is located in the City of Des Plaines. Provides that certain admissions taxes and fees imposed under the Act on a licensee that is located in the City of Des Plaines may not be distributed to any other municipality other than the City of Des Plaines. Provides that any revenue-sharing agreement that violates this prohibition shall be considered null and void. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2014-12-03 - Session Sine Die [HB1065 Detail]
Download: Illinois-2013-HB1065-Introduced.html
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1 | AN ACT concerning gaming.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Riverboat Gambling Act is amended by | |||||||||||||||||||||
5 | changing Sections 11.2 and 12 as follows:
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6 | (230 ILCS 10/11.2)
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7 | Sec. 11.2. Relocation of riverboat home dock.
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8 | (a) A licensee that was not conducting
riverboat gambling | |||||||||||||||||||||
9 | on January 1, 1998 may apply to the Board for renewal and
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10 | approval of relocation to a new home dock location authorized | |||||||||||||||||||||
11 | under Section
3(c) and
the Board
shall grant the application | |||||||||||||||||||||
12 | and approval upon receipt by the licensee of
approval from the | |||||||||||||||||||||
13 | new municipality or county, as the case may be, in which the
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14 | licensee wishes to relocate pursuant to Section 7(j).
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15 | (b) Any licensee that relocates its home dock
pursuant
to | |||||||||||||||||||||
16 | this Section shall attain a level of at least 20% minority | |||||||||||||||||||||
17 | person and female
ownership, at least 16% and 4% respectively, | |||||||||||||||||||||
18 | within a time period
prescribed by the Board,
but not to exceed | |||||||||||||||||||||
19 | 12 months from the date
the licensee
begins conducting gambling | |||||||||||||||||||||
20 | at the new home dock location. The 12-month period
shall be | |||||||||||||||||||||
21 | extended by the amount of
time
necessary to conduct a | |||||||||||||||||||||
22 | background investigation pursuant to Section 6.
For the | |||||||||||||||||||||
23 | purposes of this
Section, the terms "female" and "minority |
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1 | person" have the meanings provided in
Section 2 of the
Business | ||||||
2 | Enterprise for Minorities, Females, and Persons with | ||||||
3 | Disabilities
Act.
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4 | (c) Notwithstanding any other Section of this Act, no | ||||||
5 | gaming positions operated within the corporate limits of the | ||||||
6 | City of Chicago may be physically located within 20 miles of | ||||||
7 | the gaming positions operated by a licensee that relocates | ||||||
8 | under this Section and is located in the City of Des Plaines. | ||||||
9 | (Source: P.A. 91-40, eff. 6-25-99.)
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10 | (230 ILCS 10/12) (from Ch. 120, par. 2412)
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11 | Sec. 12. Admission tax; fees.
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12 | (a) A tax is hereby imposed upon admissions to riverboats | ||||||
13 | operated by
licensed owners authorized pursuant to this Act. | ||||||
14 | Until July 1, 2002, the
rate is $2 per person admitted. From | ||||||
15 | July 1, 2002 until
July 1, 2003, the rate is $3 per person | ||||||
16 | admitted.
From July 1, 2003 until August 23, 2005 (the | ||||||
17 | effective date of Public Act 94-673), for a licensee that | ||||||
18 | admitted 1,000,000 persons or
fewer in the previous calendar | ||||||
19 | year, the rate is $3 per person admitted; for a
licensee that | ||||||
20 | admitted more than 1,000,000 but no more than 2,300,000 persons
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21 | in the previous calendar year, the rate is $4 per person | ||||||
22 | admitted; and for
a licensee that admitted more than 2,300,000 | ||||||
23 | persons in the previous calendar
year, the rate is $5 per | ||||||
24 | person admitted.
Beginning on August 23, 2005 (the effective | ||||||
25 | date of Public Act 94-673), for a licensee that admitted |
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1 | 1,000,000 persons or
fewer in calendar year 2004, the rate is | ||||||
2 | $2 per person admitted, and for all other
licensees, including | ||||||
3 | licensees that were not conducting gambling operations in 2004, | ||||||
4 | the rate is $3 per person admitted.
This admission tax is | ||||||
5 | imposed upon the
licensed owner conducting gambling.
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6 | (1) The admission tax shall be paid for each admission, | ||||||
7 | except that a person who exits a riverboat gambling | ||||||
8 | facility and reenters that riverboat gambling facility | ||||||
9 | within the same gaming day shall be subject only to the | ||||||
10 | initial admission tax.
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11 | (2) (Blank).
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12 | (3) The riverboat licensee may issue tax-free passes to
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13 | actual and necessary officials and employees of the | ||||||
14 | licensee or other
persons actually working on the | ||||||
15 | riverboat.
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16 | (4) The number and issuance of tax-free passes is | ||||||
17 | subject to the rules
of the Board, and a list of all | ||||||
18 | persons to whom the tax-free passes are
issued shall be | ||||||
19 | filed with the Board.
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20 | (a-5) A fee is hereby imposed upon admissions operated by | ||||||
21 | licensed
managers on behalf of the State pursuant to Section | ||||||
22 | 7.3 at the rates provided
in
this subsection (a-5). For a | ||||||
23 | licensee that
admitted 1,000,000 persons or fewer in the | ||||||
24 | previous calendar year, the rate is
$3 per person admitted; for | ||||||
25 | a licensee that admitted more than 1,000,000 but no
more than | ||||||
26 | 2,300,000 persons
in the previous calendar year, the rate is $4 |
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1 | per person admitted; and for
a licensee that admitted more than | ||||||
2 | 2,300,000 persons in the previous calendar
year, the rate is $5 | ||||||
3 | per person admitted.
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4 | (1) The admission fee shall be paid for each admission.
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5 | (2) (Blank).
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6 | (3) The licensed manager may issue fee-free passes to | ||||||
7 | actual and necessary
officials and employees of the manager | ||||||
8 | or other persons actually working on the
riverboat.
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9 | (4) The number and issuance of fee-free passes is | ||||||
10 | subject to the rules
of the Board, and a list of all | ||||||
11 | persons to whom the fee-free passes are
issued shall be | ||||||
12 | filed with the Board.
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13 | (b) From the tax imposed under subsection (a) and the fee | ||||||
14 | imposed under
subsection (a-5), a municipality shall receive | ||||||
15 | from the State $1 for each
person embarking on a riverboat | ||||||
16 | docked within the municipality, and a county
shall receive $1 | ||||||
17 | for each person embarking on a riverboat docked within the
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18 | county but outside the boundaries of any municipality. The | ||||||
19 | municipality's or
county's share shall be collected by the | ||||||
20 | Board on behalf of the State and
remitted quarterly by the | ||||||
21 | State, subject to appropriation, to the treasurer of
the unit | ||||||
22 | of local government for deposit in the general fund.
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23 | (c) The licensed owner shall pay the entire admission tax | ||||||
24 | to the Board and
the licensed manager shall pay the entire | ||||||
25 | admission fee to the Board.
Such payments shall be made daily. | ||||||
26 | Accompanying each payment shall be a
return on forms provided |
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1 | by the Board which shall include other
information regarding | ||||||
2 | admissions as the Board may require. Failure to
submit either | ||||||
3 | the payment or the return within the specified time may
result | ||||||
4 | in suspension or revocation of the owners or managers license.
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5 | (d) The Board shall administer and collect the admission | ||||||
6 | tax imposed by
this Section, to the extent practicable, in a | ||||||
7 | manner consistent with the
provisions of Sections 4, 5, 5a, 5b, | ||||||
8 | 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a,
6b, 6c, 8, 9 and 10 of the | ||||||
9 | Retailers' Occupation Tax Act and
Section 3-7 of the Uniform | ||||||
10 | Penalty and Interest Act.
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11 | (e) Notwithstanding any other provision of this Act, the | ||||||
12 | taxes and fees imposed under this Section on a licensee that | ||||||
13 | relocates under Section 11.2 of this Act and is located in the | ||||||
14 | City of Des Plaines may not be distributed to any other | ||||||
15 | municipality other than the City of Des Plaines. Any | ||||||
16 | revenue-sharing agreement that violates this subsection (e) | ||||||
17 | shall be considered null and void. | ||||||
18 | (Source: P.A. 95-663, eff. 10-11-07; 96-1392, eff. 1-1-11.)
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19 | Section 99. Effective date. This Act takes effect upon | ||||||
20 | becoming law.
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