HB 4817

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Full Text of HB4817
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	HB4817 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4817
Introduced , by Rep. Rita Mayfield
SYNOPSIS AS INTRODUCED:
230 ILCS 10/7	  from Ch. 120, par. 2407
Amends the Illinois Gambling Act. Provides that, upon request by an owners licensee authorized to conduct casino gambling in the City of Waukegan and upon a showing of good cause by the owners licensee, the Illinois Gaming Board shall extend the period during which the licensee may conduct gaming at a temporary facility by up to 48 (rather than 30) months. Effective immediately.
LRB104 19755 LNS 33205 b
A BILL FOR
		HB4817		LRB104 19755 LNS 33205 b
1    AN ACT concerning gaming.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Gambling Act is amended by
5changing Section 7 as follows:
6    (230 ILCS 10/7)  (from Ch. 120, par. 2407)
7    Sec. 7. Owners licenses.
8    (a) The Board shall issue owners licenses to persons or
9entities that apply for such licenses upon payment to the
10Board of the non-refundable license fee as provided in
11subsection (e) or (e-5) and upon a determination by the Board
12that the applicant is eligible for an owners license pursuant
13to this Act and the rules of the Board. From December 15, 2008
14(the effective date of Public Act 95-1008) until (i) 3 years
15after December 15, 2008 (the effective date of Public Act
1695-1008), (ii) the date any organization licensee begins to
17operate a slot machine or video game of chance under the
18Illinois Horse Racing Act of 1975 or this Act, (iii) the date
19that payments begin under subsection (c-5) of Section 13 of
20this Act, (iv) the wagering tax imposed under Section 13 of
21this Act is increased by law to reflect a tax rate that is at
22least as stringent or more stringent than the tax rate
23contained in subsection (a-3) of Section 13, or (v) when an
		HB4817	- 2 -	LRB104 19755 LNS 33205 b
1owners licensee holding a license issued pursuant to Section
27.1 of this Act begins conducting gaming, whichever occurs
3first, as a condition of licensure and as an alternative
4source of payment for those funds payable under subsection
5(c-5) of Section 13 of this Act, any owners licensee that holds
6or receives its owners license on or after May 26, 2006 (the
7effective date of Public Act 94-804), other than an owners
8licensee operating a riverboat with adjusted gross receipts in
9calendar year 2004 of less than $200,000,000, must pay into
10the Horse Racing Equity Trust Fund, in addition to any other
11payments required under this Act, an amount equal to 3% of the
12adjusted gross receipts received by the owners licensee. The
13payments required under this Section shall be made by the
14owners licensee to the State Treasurer no later than 3:00
15[o'clock] p.m. of the day after the day when the adjusted gross
16receipts were received by the owners licensee. A person or
17entity 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 of
22    Article 28 of the Criminal Code of 1961 or the Criminal
23    Code of 2012, or substantially similar laws of any other
24    jurisdiction;
25        (3) the person has submitted an application for a
26    license under this Act which contains false information;
		HB4817	- 3 -	LRB104 19755 LNS 33205 b
1        (4) the person is a member of the Board;
2        (5) a person defined in (1), (2), (3), or (4) is an
3    officer, director, or managerial employee of the entity;
4        (6) the entity employs a person defined in (1), (2),
5    (3), or (4) who participates in the management or
6    operation of gambling operations authorized under this
7    Act;
8        (7) (blank); or
9        (8) a license of the person or entity issued under
10    this Act, or a license to own or operate gambling
11    facilities in any other jurisdiction, has been revoked.
12    The Board is expressly prohibited from making changes to
13the requirement that licensees make payment into the Horse
14Racing Equity Trust Fund without the express authority of the
15Illinois General Assembly and making any other rule to
16implement or interpret Public Act 95-1008. For the purposes of
17this paragraph, "rules" is given the meaning given to that
18term in Section 1-70 of the Illinois Administrative Procedure
19Act.
20    (b) In determining whether to grant an owners license to
21an applicant, the Board shall consider:
22        (1) the character, reputation, experience, and
23    financial integrity of the applicants and of any other or
24    separate person that either:
25            (A) controls, directly or indirectly, such
26        applicant; or
		HB4817	- 4 -	LRB104 19755 LNS 33205 b
1            (B) is controlled, directly or indirectly, by such
2        applicant or by a person which controls, directly or
3        indirectly, such applicant;
4        (2) the facilities or proposed facilities for the
5    conduct of gambling;
6        (3) the highest prospective total revenue to be
7    derived by the State from the conduct of gambling;
8        (4) the extent to which the ownership of the applicant
9    reflects the diversity of the State by including minority
10    persons, women, and persons with a disability and the good
11    faith affirmative action plan of each applicant to
12    recruit, train, and upgrade minority persons, women, and
13    persons with a disability in all employment
14    classifications; the Board shall further consider granting
15    an owners license and giving preference to an applicant
16    under this Section to applicants in which minority persons
17    and women hold ownership interest of at least 16% and 4%,
18    respectively;
19        (4.5) the extent to which the ownership of the
20    applicant includes veterans of service in the armed forces
21    of the United States, and the good faith affirmative
22    action plan of each applicant to recruit, train, and
23    upgrade veterans of service in the armed forces of the
24    United States in all employment classifications;
25        (5) the financial ability of the applicant to purchase
26    and maintain adequate liability and casualty insurance;
		HB4817	- 5 -	LRB104 19755 LNS 33205 b
1        (6) whether the applicant has adequate capitalization
2    to provide and maintain, for the duration of a license, a
3    riverboat or casino;
4        (7) the extent to which the applicant exceeds or meets
5    other standards for the issuance of an owners license
6    which the Board may adopt by rule;
7        (8) the amount of the applicant's license bid;
8        (9) the extent to which the applicant or the proposed
9    host municipality plans to enter into revenue sharing
10    agreements with communities other than the host
11    municipality;
12        (10) the extent to which the ownership of an applicant
13    includes the most qualified number of minority persons,
14    women, and persons with a disability; and
15        (11) whether the applicant has entered into a fully
16    executed construction project labor agreement with the
17    applicable local building trades council.
18    (c) Each owners license shall specify the place where the
19casino shall operate or the riverboat shall operate and dock.
20    (d) Each applicant shall submit with his or her
21application, on forms provided by the Board, 2 sets of his or
22her fingerprints.
23    (e) In addition to any licenses authorized under
24subsection (e-5) of this Section, the Board may issue up to 10
25licenses authorizing the holders of such licenses to own
26riverboats. In the application for an owners license, the
		HB4817	- 6 -	LRB104 19755 LNS 33205 b
1applicant shall state the dock at which the riverboat is based
2and the water on which the riverboat will be located. The Board
3shall issue 5 licenses to become effective not earlier than
4January 1, 1991. Three of such licenses shall authorize
5riverboat gambling on the Mississippi River, or, with approval
6by the municipality in which the riverboat was docked on
7August 7, 2003 and with Board approval, be authorized to
8relocate to a new location, in a municipality that (1) borders
9on the Mississippi River or is within 5 miles of the city
10limits of a municipality that borders on the Mississippi River
11and (2) on August 7, 2003, had a riverboat conducting
12riverboat gambling operations pursuant to a license issued
13under this Act; one of which shall authorize riverboat
14gambling from a home dock in the city of East St. Louis; and
15one of which shall authorize riverboat gambling from a home
16dock in the City of Alton. One other license shall authorize
17riverboat gambling on the Illinois River in the City of East
18Peoria or, with Board approval, shall authorize land-based
19gambling operations anywhere within the corporate limits of
20the City of Peoria. The Board shall issue one additional
21license to become effective not earlier than March 1, 1992,
22which shall authorize riverboat gambling on the Des Plaines
23River in Will County. The Board may issue 4 additional
24licenses to become effective not earlier than March 1, 1992.
25In determining the water upon which riverboats will operate,
26the Board shall consider the economic benefit which riverboat
		HB4817	- 7 -	LRB104 19755 LNS 33205 b
1gambling confers on the State[,] and shall seek to ensure [assure]
2that all regions of the State share in the economic benefits of
3riverboat gambling.
4    In granting all licenses, the Board may give favorable
5consideration to economically depressed areas of the State, to
6applicants presenting plans which provide for significant
7economic development over a large geographic area, and to
8applicants who currently operate non-gambling riverboats in
9Illinois. The Board shall review all applications for owners
10licenses[,] and shall inform each applicant of the Board's
11decision. The Board may grant an owners license to an
12applicant that has not submitted the highest license bid, but
13if it does not select the highest bidder, the Board shall issue
14a written decision explaining why another applicant was
15selected and identifying the factors set forth in this Section
16that favored the winning bidder. The fee for issuance or
17renewal of a license pursuant to this subsection (e) shall be
18$250,000.
19    (e-5) In addition to licenses authorized under subsection
20(e) of this Section:
21        (1) the Board may issue one owners license authorizing
22    the conduct of casino gambling in the City of Chicago;
23        (2) the Board may issue one owners license authorizing
24    the conduct of riverboat gambling in the City of Danville;
25        (3) the Board may issue one owners license authorizing
26    the conduct of riverboat gambling in the City of Waukegan;
		HB4817	- 8 -	LRB104 19755 LNS 33205 b
1        (4) the Board may issue one owners license authorizing
2    the conduct of riverboat gambling in the City of Rockford;
3        (5) the Board may issue one owners license authorizing
4    the conduct of riverboat gambling in a municipality that
5    is wholly or partially located in one of the following
6    townships of Cook County: Bloom, Bremen, Calumet, Rich,
7    Thornton, or Worth Township; and
8        (6) the Board may issue one owners license authorizing
9    the conduct of riverboat gambling in the unincorporated
10    area of Williamson County adjacent to the Big Muddy River.
11    Except for the license authorized under paragraph (1),
12each application for a license pursuant to this subsection
13(e-5) shall be submitted to the Board no later than 120 days
14after June 28, 2019 (the effective date of Public Act 101-31).
15All applications for a license under this subsection (e-5)
16shall include the nonrefundable application fee and the
17nonrefundable background investigation fee as provided in
18subsection (d) of Section 6 of this Act. In the event that an
19applicant submits an application for a license pursuant to
20this subsection (e-5) prior to June 28, 2019 (the effective
21date of Public Act 101-31), such applicant shall submit the
22nonrefundable application fee and background investigation fee
23as provided in subsection (d) of Section 6 of this Act no later
24than 6 months after June 28, 2019 (the effective date of Public
25Act 101-31).
26    The Board shall consider issuing a license pursuant to
		HB4817	- 9 -	LRB104 19755 LNS 33205 b
1paragraphs (1) through (6) of this subsection only after the
2corporate authority of the municipality or the county board of
3the county in which the riverboat or casino shall be located
4has certified to the Board the following:
5        (i) that the applicant has negotiated with the
6    corporate authority or county board in good faith;
7        (ii) that the applicant and the corporate authority or
8    county board have mutually agreed on the permanent
9    location of the riverboat or casino;
10        (iii) that the applicant and the corporate authority
11    or county board have mutually agreed on the temporary
12    location of the riverboat or casino;
13        (iv) that the applicant and the corporate authority or
14    the county board have mutually agreed on the percentage of
15    revenues that will be shared with the municipality or
16    county, if any;
17        (v) that the applicant and the corporate authority or
18    county board have mutually agreed on any zoning,
19    licensing, public health, or other issues that are within
20    the jurisdiction of the municipality or county;
21        (vi) that the corporate authority or county board has
22    passed a resolution or ordinance in support of the
23    riverboat or casino in the municipality or county;
24        (vii) that the applicant for a license under paragraph
25    (1) has made a public presentation concerning its casino
26    proposal; and
		HB4817	- 10 -	LRB104 19755 LNS 33205 b
1        (viii) that the applicant for a license under
2    paragraph (1) has prepared a summary of its casino
3    proposal and such summary has been posted on a public
4    website of the municipality or the county.
5    At least 7 days before the corporate authority of a
6municipality or county board of the county submits a
7certification to the Board concerning items (i) through (viii)
8of this subsection, it shall hold a public hearing to discuss
9items (i) through (viii), as well as any other details
10concerning the proposed riverboat or casino in the
11municipality or county. The corporate authority or county
12board must subsequently memorialize the details concerning the
13proposed riverboat or casino in a resolution that must be
14adopted by a majority of the corporate authority or county
15board before any certification is sent to the Board. The Board
16shall not alter, amend, change, or otherwise interfere with
17any agreement between the applicant and the corporate
18authority of the municipality or county board of the county
19regarding the location of any temporary or permanent facility.
20    In addition, within 10 days after June 28, 2019 (the
21effective date of Public Act 101-31), the Board, with consent
22and at the expense of the City of Chicago, shall select and
23retain the services of a nationally recognized casino gaming
24feasibility consultant. Within 45 days after June 28, 2019
25(the effective date of Public Act 101-31), the consultant
26shall prepare and deliver to the Board a study concerning the
		HB4817	- 11 -	LRB104 19755 LNS 33205 b
1feasibility of, and the ability to finance, a casino in the
2City of Chicago. The feasibility study shall be delivered to
3the Mayor of the City of Chicago, the Governor, the President
4of the Senate, and the Speaker of the House of
5Representatives. Ninety days after receipt of the feasibility
6study, the Board shall make a determination, based on the
7results of the feasibility study, whether to recommend to the
8General Assembly that the terms of the license under paragraph
9(1) of this subsection (e-5) should be modified. The Board may
10begin accepting applications for the owners license under
11paragraph (1) of this subsection (e-5) upon the determination
12to issue such an owners license.
13    In addition, prior to the Board issuing the owners license
14authorized under paragraph (4) of this subsection (e-5), an
15impact study shall be completed to determine what location in
16the city will provide the greater impact to the region,
17including the creation of jobs and the generation of tax
18revenue.
19    (e-10) The licenses authorized under subsection (e-5) of
20this Section shall be issued within 12 months after the date
21the license application is submitted. If the Board does not
22issue the licenses within that time period, then the Board
23shall give a written explanation to the applicant as to why it
24has not reached a determination and when it reasonably expects
25to make a determination. The fee for the issuance or renewal of
26a license issued pursuant to this subsection (e-10) shall be
		HB4817	- 12 -	LRB104 19755 LNS 33205 b
1$250,000. Additionally, a licensee located outside of Cook
2County shall pay a minimum initial fee of $17,500 per gaming
3position, and a licensee located in Cook County shall pay a
4minimum initial fee of $30,000 per gaming position. The
5initial fees payable under this subsection (e-10) shall be
6deposited into the Rebuild Illinois Projects Fund. If at any
7point after June 1, 2020 there are no pending applications for
8a license under subsection (e-5) and not all licenses
9authorized under subsection (e-5) have been issued, then the
10Board shall reopen the license application process for those
11licenses authorized under subsection (e-5) that have not been
12issued. The Board shall follow the licensing process provided
13in subsection (e-5) with all time frames tied to the last date
14of a final order issued by the Board under subsection (e-5)
15rather than the effective date of the amendatory Act.
16    (e-15) Each licensee of a license authorized under
17subsection (e-5) of this Section shall make a reconciliation
18payment 3 years after the date the licensee begins operating
19in an amount equal to 75% of the adjusted gross receipts for
20the most lucrative 12-month period of operations, minus an
21amount equal to the initial payment per gaming position paid
22by the specific licensee. Each licensee shall pay a
23$15,000,000 reconciliation fee upon issuance of an owners
24license. If this calculation results in a negative amount,
25then the licensee is not entitled to any reimbursement of fees
26previously paid. This reconciliation payment may be made in
		HB4817	- 13 -	LRB104 19755 LNS 33205 b
1installments over a period of no more than 6 years.
2    All payments by licensees under this subsection (e-15)
3shall be deposited into the Rebuild Illinois Projects Fund.
4    (e-20) In addition to any other revocation powers granted
5to the Board under this Act, the Board may revoke the owners
6license of a licensee which fails to begin conducting gambling
7within 15 months of receipt of the Board's approval of the
8application if the Board determines that license revocation is
9in the best interests of the State.
10    (f) The first 10 owners licenses issued under this Act
11shall permit the holder to own up to 2 riverboats and equipment
12thereon for a period of 3 years after the effective date of the
13license. Holders of the first 10 owners licenses must pay the
14annual license fee for each of the 3 years during which they
15are authorized to own riverboats.
16    (g) Upon the termination, expiration, or revocation of
17each of the first 10 licenses, which shall be issued for a
183-year period, all licenses are renewable annually upon
19payment of the fee and a determination by the Board that the
20licensee continues to meet all of the requirements of this Act
21and the Board's rules. However, for licenses renewed on or
22after June 10, 2021 (the effective date of Public Act 102-13)
23[this amendatory Act of the 102nd General Assembly], renewal
24shall be for a period of 4 years.
25    (h) An owners license, except for an owners license issued
26under subsection (e-5) of this Section, shall entitle the
		HB4817	- 14 -	LRB104 19755 LNS 33205 b
1licensee to own up to 2 riverboats.
2    An owners licensee of a casino or riverboat that is
3located in the City of Chicago pursuant to paragraph (1) of
4subsection (e-5) of this Section shall limit the number of
5gaming positions to 4,000 for such owner. An owners licensee
6authorized under subsection (e) or paragraph (2), (3), (4), or
7(5) of subsection (e-5) of this Section shall limit the number
8of gaming positions to 2,000 for any such owners license. An
9owners licensee authorized under paragraph (6) of subsection
10(e-5) of this Section shall limit the number of gaming
11positions to 1,200 for such owner. The initial fee for each
12gaming position obtained on or after June 28, 2019 (the
13effective date of Public Act 101-31) shall be a minimum of
14$17,500 for licensees not located in Cook County and a minimum
15of $30,000 for licensees located in Cook County, in addition
16to the reconciliation payment, as set forth in subsection
17(e-15) of this Section. The fees under this subsection (h)
18shall be deposited into the Rebuild Illinois Projects Fund.
19The fees under this subsection (h) that are paid by an owners
20licensee authorized under subsection (e) shall be paid by July
211, 2021.
22    Each owners licensee under subsection (e) of this Section
23shall reserve its gaming positions within 30 days after June
2428, 2019 (the effective date of Public Act 101-31). The Board
25may grant an extension to this 30-day period, provided that
26the owners licensee submits a written request and explanation
		HB4817	- 15 -	LRB104 19755 LNS 33205 b
1as to why it is unable to reserve its positions within the
230-day period.
3    Each owners licensee under subsection (e-5) of this
4Section shall reserve its gaming positions within 30 days
5after issuance of its owners license. The Board may grant an
6extension to this 30-day period, provided that the owners
7licensee submits a written request and explanation as to why
8it is unable to reserve its positions within the 30-day
9period.
10    A licensee may operate both of its riverboats
11concurrently, provided that the total number of gaming
12positions on both riverboats does not exceed the limit
13established pursuant to this subsection. Riverboats licensed
14to operate on the Mississippi River and the Illinois River
15south of Marshall County shall have an authorized capacity of
16at least 500 persons. Any other riverboat licensed under this
17Act shall have an authorized capacity of at least 400 persons.
18    (h-5) An owners licensee who conducted gambling operations
19prior to January 1, 2012 and obtains positions pursuant to
20Public Act 101-31 shall make a reconciliation payment 3 years
21after any additional gaming positions begin operating in an
22amount equal to 75% of the owners licensee's average gross
23receipts for the most lucrative 12-month period of operations
24minus an amount equal to the initial fee that the owners
25licensee paid per additional gaming position. For purposes of
26this subsection (h-5), "average gross receipts" means (i) the
		HB4817	- 16 -	LRB104 19755 LNS 33205 b
1increase in adjusted gross receipts for the most lucrative
212-month period of operations over the adjusted gross receipts
3for 2019, multiplied by (ii) the percentage derived by
4dividing the number of additional gaming positions that an
5owners licensee had obtained by the total number of gaming
6positions operated by the owners licensee. If this calculation
7results in a negative amount, then the owners licensee is not
8entitled to any reimbursement of fees previously paid. This
9reconciliation payment may be made in installments over a
10period of no more than 6 years. These reconciliation payments
11shall be deposited into the Rebuild Illinois Projects Fund.
12    (i) A licensed owner is authorized to apply to the Board
13for and, if approved therefor, to receive all licenses from
14the Board necessary for the operation of a riverboat or
15casino, including a liquor license, a license to prepare and
16serve food for human consumption, and other necessary
17licenses. All use, occupation, and excise taxes which apply to
18the sale of food and beverages in this State and all taxes
19imposed on the sale or use of tangible personal property apply
20to such sales aboard the riverboat or in the casino.
21    (j) The Board may issue or re-issue a license authorizing
22a riverboat to dock in a municipality or approve a relocation
23under Section 11.2 only if, prior to the issuance or
24re-issuance of the license or approval, the governing body of
25the municipality in which the riverboat will dock has by a
26majority vote approved the docking of riverboats in the
		HB4817	- 17 -	LRB104 19755 LNS 33205 b
1municipality. The Board may issue or re-issue a license
2authorizing a riverboat to dock in areas of a county outside
3any municipality or approve a relocation under Section 11.2
4only if, prior to the issuance or re-issuance of the license or
5approval, the governing body of the county has by a majority
6vote approved of the docking of riverboats within such areas.
7    (k) An owners licensee may conduct land-based gambling
8operations upon approval by the Board and payment of a fee of
9$250,000, which shall be deposited into the State Gaming Fund.
10    (l) An owners licensee may conduct gaming at a temporary
11facility pending the construction of a permanent facility or
12the remodeling or relocation of an existing facility to
13accommodate gaming participants for up to 24 months after the
14temporary facility begins to conduct gaming. Upon request by
15an owners licensee and upon a showing of good cause by the
16owners licensee: (i) for a licensee authorized under paragraph
17(3) of subsection (e-5), the Board shall extend the period
18during which the licensee may conduct gaming at a temporary
19facility by up to 48 [30] months; and (ii) for all other
20licensees, the Board shall extend the period during which the
21licensee may conduct gaming at a temporary facility by up to 12
22months. The Board shall make rules concerning the conduct of
23gaming from temporary facilities.
24(Source: P.A. 102-13, eff. 6-10-21; 102-558, eff. 8-20-21;
25103-574, eff. 12-8-23; revised 6-26-25.)
26    Section 99. Effective date. This Act takes effect upon
		HB4817	- 18 -	LRB104 19755 LNS 33205 b
1becoming law.