Bill Amendment: IL HB3334 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: RAFFLES/POKER RUNS-VARIOUS
Status: 2019-07-19 - Public Act . . . . . . . . . 101-0109 [HB3334 Detail]
Download: Illinois-2019-HB3334-House_Amendment_001.html
Bill Title: RAFFLES/POKER RUNS-VARIOUS
Status: 2019-07-19 - Public Act . . . . . . . . . 101-0109 [HB3334 Detail]
Download: Illinois-2019-HB3334-House_Amendment_001.html
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| 1 | AMENDMENT TO HOUSE BILL 3334
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| 2 | AMENDMENT NO. ______. Amend House Bill 3334 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
| ||||||
| 4 | "Section 5. The Illinois Horse Racing Act of 1975 is | ||||||
| 5 | amended by changing Section 26 as follows:
| ||||||
| 6 | (230 ILCS 5/26) (from Ch. 8, par. 37-26)
| ||||||
| 7 | Sec. 26. Wagering.
| ||||||
| 8 | (a) Any licensee may conduct and supervise the pari-mutuel | ||||||
| 9 | system of
wagering, as defined in Section 3.12 of this Act, on | ||||||
| 10 | horse races conducted by
an Illinois organization
licensee or | ||||||
| 11 | conducted at a racetrack located in another state or country | ||||||
| 12 | and
televised in Illinois in accordance with subsection (g) of | ||||||
| 13 | Section 26 of this
Act. Subject to the prior consent of the | ||||||
| 14 | Board, licensees may supplement any
pari-mutuel pool in order | ||||||
| 15 | to guarantee a minimum distribution. Such
pari-mutuel method of | ||||||
| 16 | wagering shall not,
under any circumstances if conducted under | ||||||
| |||||||
| |||||||
| 1 | the provisions of this Act,
be held or construed to be | ||||||
| 2 | unlawful, other statutes of this State to the
contrary | ||||||
| 3 | notwithstanding.
Subject to rules for advance wagering | ||||||
| 4 | promulgated by the Board, any
licensee
may accept wagers in | ||||||
| 5 | advance of the day of
the race wagered upon occurs.
| ||||||
| 6 | (b) No other method of betting, pool making, wagering or
| ||||||
| 7 | gambling shall be used or permitted by the licensee. Each | ||||||
| 8 | licensee
may retain, subject to the payment of all applicable
| ||||||
| 9 | taxes and purses, an amount not to exceed 17% of all money | ||||||
| 10 | wagered
under subsection (a) of this Section, except as may | ||||||
| 11 | otherwise be permitted
under this Act.
| ||||||
| 12 | (b-5) An individual may place a wager under the pari-mutuel | ||||||
| 13 | system from
any licensed location authorized under this Act | ||||||
| 14 | provided that wager is
electronically recorded in the manner | ||||||
| 15 | described in Section 3.12 of this Act.
Any wager made | ||||||
| 16 | electronically by an individual while physically on the | ||||||
| 17 | premises
of a licensee shall be deemed to have been made at the | ||||||
| 18 | premises of that
licensee.
| ||||||
| 19 | (c) Until January 1, 2000, the sum held by any licensee for | ||||||
| 20 | payment of
outstanding pari-mutuel tickets, if unclaimed prior | ||||||
| 21 | to December 31 of the
next year, shall be retained by the | ||||||
| 22 | licensee for payment of
such tickets until that date. Within 10 | ||||||
| 23 | days thereafter, the balance of
such sum remaining unclaimed, | ||||||
| 24 | less any uncashed supplements contributed by such
licensee for | ||||||
| 25 | the purpose of guaranteeing minimum distributions
of any | ||||||
| 26 | pari-mutuel pool, shall be
paid to the
Illinois
Veterans'
| ||||||
| |||||||
| |||||||
| 1 | Rehabilitation Fund of the State treasury, except as provided | ||||||
| 2 | in subsection
(g) of Section 27 of this Act.
| ||||||
| 3 | (c-5) Beginning January 1, 2000, the sum held by any | ||||||
| 4 | licensee for payment
of
outstanding pari-mutuel tickets, if | ||||||
| 5 | unclaimed prior to December 31 of the
next year, shall be | ||||||
| 6 | retained by the licensee for payment of
such tickets until that | ||||||
| 7 | date. Within 10 days thereafter, the balance of
such sum | ||||||
| 8 | remaining unclaimed, less any uncashed supplements contributed | ||||||
| 9 | by such
licensee for the purpose of guaranteeing minimum | ||||||
| 10 | distributions
of any pari-mutuel pool, shall be evenly | ||||||
| 11 | distributed to the purse account of
the organization licensee | ||||||
| 12 | and the organization licensee.
| ||||||
| 13 | (d) A pari-mutuel ticket shall be honored until December 31 | ||||||
| 14 | of the
next calendar year, and the licensee shall pay the same | ||||||
| 15 | and may
charge the amount thereof against unpaid money | ||||||
| 16 | similarly accumulated on account
of pari-mutuel tickets not | ||||||
| 17 | presented for payment.
| ||||||
| 18 | (e) No licensee shall knowingly permit any minor, other
| ||||||
| 19 | than an employee of such licensee or an owner, trainer,
jockey, | ||||||
| 20 | driver, or employee thereof, to be admitted during a racing
| ||||||
| 21 | program unless accompanied by a parent or guardian, or any | ||||||
| 22 | minor to be a
patron of the pari-mutuel system of wagering | ||||||
| 23 | conducted or
supervised by it. The admission of any | ||||||
| 24 | unaccompanied minor, other than
an employee of the licensee or | ||||||
| 25 | an owner, trainer, jockey,
driver, or employee thereof at a | ||||||
| 26 | race track is a Class C
misdemeanor.
| ||||||
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| |||||||
| 1 | (f) Notwithstanding the other provisions of this Act, an
| ||||||
| 2 | organization licensee may contract
with an entity in another | ||||||
| 3 | state or country to permit any legal
wagering entity in another | ||||||
| 4 | state or country to accept wagers solely within
such other | ||||||
| 5 | state or country on races conducted by the organization | ||||||
| 6 | licensee
in this State.
Beginning January 1, 2000, these wagers
| ||||||
| 7 | shall not be subject to State
taxation. Until January 1, 2000,
| ||||||
| 8 | when the out-of-State entity conducts a pari-mutuel pool
| ||||||
| 9 | separate from the organization licensee, a privilege tax equal | ||||||
| 10 | to 7 1/2% of
all monies received by the organization licensee | ||||||
| 11 | from entities in other states
or countries pursuant to such | ||||||
| 12 | contracts is imposed on the organization
licensee, and such | ||||||
| 13 | privilege tax shall be remitted to the
Department of Revenue
| ||||||
| 14 | within 48 hours of receipt of the moneys from the simulcast. | ||||||
| 15 | When the
out-of-State entity conducts a
combined pari-mutuel | ||||||
| 16 | pool with the organization licensee, the tax shall be 10%
of | ||||||
| 17 | all monies received by the organization licensee with 25% of | ||||||
| 18 | the
receipts from this 10% tax to be distributed to the county
| ||||||
| 19 | in which the race was conducted.
| ||||||
| 20 | An organization licensee may permit one or more of its | ||||||
| 21 | races to be
utilized for
pari-mutuel wagering at one or more | ||||||
| 22 | locations in other states and may
transmit audio and visual | ||||||
| 23 | signals of races the organization licensee
conducts to one or
| ||||||
| 24 | more locations outside the State or country and may also permit | ||||||
| 25 | pari-mutuel
pools in other states or countries to be combined | ||||||
| 26 | with its gross or net
wagering pools or with wagering pools | ||||||
| |||||||
| |||||||
| 1 | established by other states.
| ||||||
| 2 | (g) A host track may accept interstate simulcast wagers on
| ||||||
| 3 | horse
races conducted in other states or countries and shall | ||||||
| 4 | control the
number of signals and types of breeds of racing in | ||||||
| 5 | its simulcast program,
subject to the disapproval of the Board. | ||||||
| 6 | The Board may prohibit a simulcast
program only if it finds | ||||||
| 7 | that the simulcast program is clearly
adverse to the integrity | ||||||
| 8 | of racing. The host track
simulcast program shall
include the | ||||||
| 9 | signal of live racing of all organization licensees.
All | ||||||
| 10 | non-host licensees and advance deposit wagering licensees | ||||||
| 11 | shall carry the signal of and accept wagers on live racing of | ||||||
| 12 | all organization licensees. Advance deposit wagering licensees | ||||||
| 13 | shall not be permitted to accept out-of-state wagers on any | ||||||
| 14 | Illinois signal provided pursuant to this Section without the | ||||||
| 15 | approval and consent of the organization licensee providing the | ||||||
| 16 | signal. For one year after August 15, 2014 (the effective date | ||||||
| 17 | of Public Act 98-968), non-host licensees may carry the host | ||||||
| 18 | track simulcast program and
shall accept wagers on all races | ||||||
| 19 | included as part of the simulcast
program of horse races | ||||||
| 20 | conducted at race tracks located within North America upon | ||||||
| 21 | which wagering is permitted. For a period of one year after | ||||||
| 22 | August 15, 2014 (the effective date of Public Act 98-968), on | ||||||
| 23 | horse races conducted at race tracks located outside of North | ||||||
| 24 | America, non-host licensees may accept wagers on all races | ||||||
| 25 | included as part of the simulcast program upon which wagering | ||||||
| 26 | is permitted. Beginning August 15, 2015 (one year after the | ||||||
| |||||||
| |||||||
| 1 | effective date of Public Act 98-968), non-host licensees may | ||||||
| 2 | carry the host track simulcast program and shall accept wagers | ||||||
| 3 | on all races included as part of the simulcast program upon | ||||||
| 4 | which wagering is permitted.
All organization licensees shall | ||||||
| 5 | provide their live signal to all advance deposit wagering | ||||||
| 6 | licensees for a simulcast commission fee not to exceed 6% of | ||||||
| 7 | the advance deposit wagering licensee's Illinois handle on the | ||||||
| 8 | organization licensee's signal without prior approval by the | ||||||
| 9 | Board. The Board may adopt rules under which it may permit | ||||||
| 10 | simulcast commission fees in excess of 6%. The Board shall | ||||||
| 11 | adopt rules limiting the interstate commission fees charged to | ||||||
| 12 | an advance deposit wagering licensee. The Board shall adopt | ||||||
| 13 | rules regarding advance deposit wagering on interstate | ||||||
| 14 | simulcast races that shall reflect, among other things, the | ||||||
| 15 | General Assembly's desire to maximize revenues to the State, | ||||||
| 16 | horsemen purses, and organizational licensees. However, | ||||||
| 17 | organization licensees providing live signals pursuant to the | ||||||
| 18 | requirements of this subsection (g) may petition the Board to | ||||||
| 19 | withhold their live signals from an advance deposit wagering | ||||||
| 20 | licensee if the organization licensee discovers and the Board | ||||||
| 21 | finds reputable or credible information that the advance | ||||||
| 22 | deposit wagering licensee is under investigation by another | ||||||
| 23 | state or federal governmental agency, the advance deposit | ||||||
| 24 | wagering licensee's license has been suspended in another | ||||||
| 25 | state, or the advance deposit wagering licensee's license is in | ||||||
| 26 | revocation proceedings in another state. The organization | ||||||
| |||||||
| |||||||
| 1 | licensee's provision of their live signal to an advance deposit | ||||||
| 2 | wagering licensee under this subsection (g) pertains to wagers | ||||||
| 3 | placed from within Illinois. Advance deposit wagering | ||||||
| 4 | licensees may place advance deposit wagering terminals at | ||||||
| 5 | wagering facilities as a convenience to customers. The advance | ||||||
| 6 | deposit wagering licensee shall not charge or collect any fee | ||||||
| 7 | from purses for the placement of the advance deposit wagering | ||||||
| 8 | terminals. The costs and expenses
of the host track and | ||||||
| 9 | non-host licensees associated
with interstate simulcast
| ||||||
| 10 | wagering, other than the interstate
commission fee, shall be | ||||||
| 11 | borne by the host track and all
non-host licensees
incurring | ||||||
| 12 | these costs.
The interstate commission fee shall not exceed 5% | ||||||
| 13 | of Illinois handle on the
interstate simulcast race or races | ||||||
| 14 | without prior approval of the Board. The
Board shall promulgate | ||||||
| 15 | rules under which it may permit
interstate commission
fees in | ||||||
| 16 | excess of 5%. The interstate commission
fee and other fees | ||||||
| 17 | charged by the sending racetrack, including, but not
limited | ||||||
| 18 | to, satellite decoder fees, shall be uniformly applied
to the | ||||||
| 19 | host track and all non-host licensees.
| ||||||
| 20 | Notwithstanding any other provision of this Act, through | ||||||
| 21 | December 31, 2020, an organization licensee, with the consent | ||||||
| 22 | of the horsemen association representing the largest number of | ||||||
| 23 | owners, trainers, jockeys, or standardbred drivers who race | ||||||
| 24 | horses at that organization licensee's racing meeting, may | ||||||
| 25 | maintain a system whereby advance deposit wagering may take | ||||||
| 26 | place or an organization licensee, with the consent of the | ||||||
| |||||||
| |||||||
| 1 | horsemen association representing the largest number of | ||||||
| 2 | owners, trainers, jockeys, or standardbred drivers who race | ||||||
| 3 | horses at that organization licensee's racing meeting, may | ||||||
| 4 | contract with another person to carry out a system of advance | ||||||
| 5 | deposit wagering. Such consent may not be unreasonably | ||||||
| 6 | withheld. Only with respect to an appeal to the Board that | ||||||
| 7 | consent for an organization licensee that maintains its own | ||||||
| 8 | advance deposit wagering system is being unreasonably | ||||||
| 9 | withheld, the Board shall issue a final order within 30 days | ||||||
| 10 | after initiation of the appeal, and the organization licensee's | ||||||
| 11 | advance deposit wagering system may remain operational during | ||||||
| 12 | that 30-day period. The actions of any organization licensee | ||||||
| 13 | who conducts advance deposit wagering or any person who has a | ||||||
| 14 | contract with an organization licensee to conduct advance | ||||||
| 15 | deposit wagering who conducts advance deposit wagering on or | ||||||
| 16 | after January 1, 2013 and prior to June 7, 2013 (the effective | ||||||
| 17 | date of Public Act 98-18) taken in reliance on the changes made | ||||||
| 18 | to this subsection (g) by Public Act 98-18 are hereby | ||||||
| 19 | validated, provided payment of all applicable pari-mutuel | ||||||
| 20 | taxes are remitted to the Board. All advance deposit wagers | ||||||
| 21 | placed from within Illinois must be placed through a | ||||||
| 22 | Board-approved advance deposit wagering licensee; no other | ||||||
| 23 | entity may accept an advance deposit wager from a person within | ||||||
| 24 | Illinois. All advance deposit wagering is subject to any rules | ||||||
| 25 | adopted by the Board. The Board may adopt rules necessary to | ||||||
| 26 | regulate advance deposit wagering through the use of emergency | ||||||
| |||||||
| |||||||
| 1 | rulemaking in accordance with Section 5-45 of the Illinois | ||||||
| 2 | Administrative Procedure Act. The General Assembly finds that | ||||||
| 3 | the adoption of rules to regulate advance deposit wagering is | ||||||
| 4 | deemed an emergency and necessary for the public interest, | ||||||
| 5 | safety, and welfare. An advance deposit wagering licensee may | ||||||
| 6 | retain all moneys as agreed to by contract with an organization | ||||||
| 7 | licensee. Any moneys retained by the organization licensee from | ||||||
| 8 | advance deposit wagering, not including moneys retained by the | ||||||
| 9 | advance deposit wagering licensee, shall be paid 50% to the | ||||||
| 10 | organization licensee's purse account and 50% to the | ||||||
| 11 | organization licensee. With the exception of any organization | ||||||
| 12 | licensee that is owned by a publicly traded company that is | ||||||
| 13 | incorporated in a state other than Illinois and advance deposit | ||||||
| 14 | wagering licensees under contract with such organization | ||||||
| 15 | licensees, organization licensees that maintain advance | ||||||
| 16 | deposit wagering systems and advance deposit wagering | ||||||
| 17 | licensees that contract with organization licensees shall | ||||||
| 18 | provide sufficiently detailed monthly accountings to the | ||||||
| 19 | horsemen association representing the largest number of | ||||||
| 20 | owners, trainers, jockeys, or standardbred drivers who race | ||||||
| 21 | horses at that organization licensee's racing meeting so that | ||||||
| 22 | the horsemen association, as an interested party, can confirm | ||||||
| 23 | the accuracy of the amounts paid to the purse account at the | ||||||
| 24 | horsemen association's affiliated organization licensee from | ||||||
| 25 | advance deposit wagering. If more than one breed races at the | ||||||
| 26 | same race track facility, then the 50% of the moneys to be paid | ||||||
| |||||||
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| 1 | to an organization licensee's purse account shall be allocated | ||||||
| 2 | among all organization licensees' purse accounts operating at | ||||||
| 3 | that race track facility proportionately based on the actual | ||||||
| 4 | number of host days that the Board grants to that breed at that | ||||||
| 5 | race track facility in the current calendar year. To the extent | ||||||
| 6 | any fees from advance deposit wagering conducted in Illinois | ||||||
| 7 | for wagers in Illinois or other states have been placed in | ||||||
| 8 | escrow or otherwise withheld from wagers pending a | ||||||
| 9 | determination of the legality of advance deposit wagering, no | ||||||
| 10 | action shall be brought to declare such wagers or the | ||||||
| 11 | disbursement of any fees previously escrowed illegal. | ||||||
| 12 | (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
| ||||||
| 13 | inter-track wagering
licensee other than the host track may | ||||||
| 14 | supplement the host track simulcast
program with | ||||||
| 15 | additional simulcast races or race programs, provided that | ||||||
| 16 | between
January 1 and the third Friday in February of any | ||||||
| 17 | year, inclusive, if no live
thoroughbred racing is | ||||||
| 18 | occurring in Illinois during this period, only
| ||||||
| 19 | thoroughbred races may be used
for supplemental interstate | ||||||
| 20 | simulcast purposes. The Board shall withhold
approval for a | ||||||
| 21 | supplemental interstate simulcast only if it finds that the
| ||||||
| 22 | simulcast is clearly adverse to the integrity of racing. A | ||||||
| 23 | supplemental
interstate simulcast may be transmitted from | ||||||
| 24 | an inter-track wagering licensee to
its affiliated | ||||||
| 25 | non-host licensees. The interstate commission fee for a
| ||||||
| 26 | supplemental interstate simulcast shall be paid by the | ||||||
| |||||||
| |||||||
| 1 | non-host licensee and
its affiliated non-host licensees | ||||||
| 2 | receiving the simulcast.
| ||||||
| 3 | (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
| ||||||
| 4 | inter-track wagering
licensee other than the host track may | ||||||
| 5 | receive supplemental interstate
simulcasts only with the | ||||||
| 6 | consent of the host track, except when the Board
finds that | ||||||
| 7 | the simulcast is
clearly adverse to the integrity of | ||||||
| 8 | racing. Consent granted under this
paragraph (2) to any | ||||||
| 9 | inter-track wagering licensee shall be deemed consent to
| ||||||
| 10 | all non-host licensees. The interstate commission fee for | ||||||
| 11 | the supplemental
interstate simulcast shall be paid
by all | ||||||
| 12 | participating non-host licensees.
| ||||||
| 13 | (3) Each licensee conducting interstate simulcast | ||||||
| 14 | wagering may retain,
subject to the payment of all | ||||||
| 15 | applicable taxes and the purses, an amount not to
exceed | ||||||
| 16 | 17% of all money wagered. If any licensee conducts the | ||||||
| 17 | pari-mutuel
system wagering on races conducted at | ||||||
| 18 | racetracks in another state or country,
each such race or | ||||||
| 19 | race program shall be considered a separate racing day for
| ||||||
| 20 | the purpose of determining the daily handle and computing | ||||||
| 21 | the privilege tax of
that daily handle as provided in | ||||||
| 22 | subsection (a) of Section 27.
Until January 1, 2000,
from | ||||||
| 23 | the sums permitted to be retained pursuant to this | ||||||
| 24 | subsection, each
inter-track wagering location licensee | ||||||
| 25 | shall pay 1% of the pari-mutuel handle
wagered on simulcast | ||||||
| 26 | wagering to the Horse Racing Tax Allocation Fund, subject
| ||||||
| |||||||
| |||||||
| 1 | to the provisions of subparagraph (B) of paragraph (11) of | ||||||
| 2 | subsection (h) of
Section 26 of this Act.
| ||||||
| 3 | (4) A licensee who receives an interstate simulcast may | ||||||
| 4 | combine its gross
or net pools with pools at the sending | ||||||
| 5 | racetracks pursuant to rules established
by the Board. All | ||||||
| 6 | licensees combining their gross pools
at a
sending | ||||||
| 7 | racetrack shall adopt the takeout take-out percentages of | ||||||
| 8 | the sending
racetrack.
A licensee may also establish a | ||||||
| 9 | separate pool and takeout structure for
wagering purposes | ||||||
| 10 | on races conducted at race tracks outside of the
State of | ||||||
| 11 | Illinois. The licensee may permit pari-mutuel wagers | ||||||
| 12 | placed in other
states or
countries to be combined with its | ||||||
| 13 | gross or net wagering pools or other
wagering pools.
| ||||||
| 14 | (5) After the payment of the interstate commission fee | ||||||
| 15 | (except for the
interstate commission
fee on a supplemental | ||||||
| 16 | interstate simulcast, which shall be paid by the host
track | ||||||
| 17 | and by each non-host licensee through the host track | ||||||
| 18 | host-track) and all applicable
State and local
taxes, | ||||||
| 19 | except as provided in subsection (g) of Section 27 of this | ||||||
| 20 | Act, the
remainder of moneys retained from simulcast | ||||||
| 21 | wagering pursuant to this
subsection (g), and Section 26.2 | ||||||
| 22 | shall be divided as follows:
| ||||||
| 23 | (A) For interstate simulcast wagers made at a host | ||||||
| 24 | track, 50% to the
host
track and 50% to purses at the | ||||||
| 25 | host track.
| ||||||
| 26 | (B) For wagers placed on interstate simulcast | ||||||
| |||||||
| |||||||
| 1 | races, supplemental
simulcasts as defined in | ||||||
| 2 | subparagraphs (1) and (2), and separately pooled races
| ||||||
| 3 | conducted outside of the State of Illinois made at a | ||||||
| 4 | non-host
licensee, 25% to the host
track, 25% to the | ||||||
| 5 | non-host licensee, and 50% to the purses at the host | ||||||
| 6 | track.
| ||||||
| 7 | (6) Notwithstanding any provision in this Act to the | ||||||
| 8 | contrary, non-host
licensees
who derive their licenses | ||||||
| 9 | from a track located in a county with a population in
| ||||||
| 10 | excess of 230,000 and that borders the Mississippi River | ||||||
| 11 | may receive
supplemental interstate simulcast races at all | ||||||
| 12 | times subject to Board approval,
which shall be withheld | ||||||
| 13 | only upon a finding that a supplemental interstate
| ||||||
| 14 | simulcast is clearly adverse to the integrity of racing.
| ||||||
| 15 | (7) Effective January 1, 2017, notwithstanding any | ||||||
| 16 | provision of this Act to the contrary, after
payment of all | ||||||
| 17 | applicable State and local taxes and interstate commission | ||||||
| 18 | fees,
non-host licensees who derive their licenses from a | ||||||
| 19 | track located in a county
with a population in excess of | ||||||
| 20 | 230,000 and that borders the Mississippi River
shall retain | ||||||
| 21 | 50% of the retention from interstate simulcast wagers and | ||||||
| 22 | shall
pay 50% to purses at the track from which the | ||||||
| 23 | non-host licensee derives its
license.
| ||||||
| 24 | (7.1) Notwithstanding any other provision of this Act | ||||||
| 25 | to the contrary,
if
no
standardbred racing is conducted at | ||||||
| 26 | a racetrack located in Madison County
during any
calendar | ||||||
| |||||||
| |||||||
| 1 | year beginning on or after January 1, 2002, all
moneys | ||||||
| 2 | derived by
that racetrack from simulcast wagering and | ||||||
| 3 | inter-track wagering that (1) are to
be used
for purses and | ||||||
| 4 | (2) are generated between the hours of 6:30 p.m. and 6:30 | ||||||
| 5 | a.m.
during that
calendar year shall
be paid as follows:
| ||||||
| 6 | (A) If the licensee that conducts horse racing at | ||||||
| 7 | that racetrack
requests from the Board at least as many | ||||||
| 8 | racing dates as were conducted in
calendar year 2000, | ||||||
| 9 | 80% shall be paid to its thoroughbred purse account; | ||||||
| 10 | and
| ||||||
| 11 | (B) Twenty percent shall be deposited into the | ||||||
| 12 | Illinois Colt Stakes
Purse
Distribution
Fund and shall | ||||||
| 13 | be paid to purses for standardbred races for Illinois | ||||||
| 14 | conceived
and foaled horses conducted at any county | ||||||
| 15 | fairgrounds.
The moneys deposited into the Fund | ||||||
| 16 | pursuant to this subparagraph (B) shall be
deposited
| ||||||
| 17 | within 2
weeks after the day they were generated, shall | ||||||
| 18 | be in addition to and not in
lieu of any other
moneys | ||||||
| 19 | paid to standardbred purses under this Act, and shall | ||||||
| 20 | not be commingled
with other moneys paid into that | ||||||
| 21 | Fund. The moneys deposited
pursuant to this | ||||||
| 22 | subparagraph (B) shall be allocated as provided by the
| ||||||
| 23 | Department of Agriculture, with the advice and | ||||||
| 24 | assistance of the Illinois
Standardbred
Breeders Fund | ||||||
| 25 | Advisory Board.
| ||||||
| 26 | (7.2) Notwithstanding any other provision of this Act | ||||||
| |||||||
| |||||||
| 1 | to the contrary, if
no
thoroughbred racing is conducted at | ||||||
| 2 | a racetrack located in Madison County
during any
calendar | ||||||
| 3 | year beginning on or after January 1,
2002, all
moneys | ||||||
| 4 | derived by
that racetrack from simulcast wagering and | ||||||
| 5 | inter-track wagering that (1) are to
be used
for purses and | ||||||
| 6 | (2) are generated between the hours of 6:30 a.m. and 6:30 | ||||||
| 7 | p.m.
during that
calendar year shall
be deposited as | ||||||
| 8 | follows:
| ||||||
| 9 | (A) If the licensee that conducts horse racing at | ||||||
| 10 | that racetrack
requests from the
Board at least
as many | ||||||
| 11 | racing dates as were conducted in calendar year 2000, | ||||||
| 12 | 80%
shall be deposited into its standardbred purse
| ||||||
| 13 | account; and
| ||||||
| 14 | (B) Twenty percent shall be deposited into the | ||||||
| 15 | Illinois Colt Stakes
Purse
Distribution Fund. Moneys | ||||||
| 16 | deposited into the Illinois Colt Stakes Purse
| ||||||
| 17 | Distribution Fund
pursuant to this subparagraph (B) | ||||||
| 18 | shall be paid to Illinois
conceived and foaled | ||||||
| 19 | thoroughbred breeders' programs
and to thoroughbred | ||||||
| 20 | purses for races conducted at any county fairgrounds | ||||||
| 21 | for
Illinois conceived
and foaled horses at the | ||||||
| 22 | discretion of the
Department of Agriculture, with the | ||||||
| 23 | advice and assistance of
the Illinois Thoroughbred | ||||||
| 24 | Breeders Fund Advisory
Board. The moneys deposited | ||||||
| 25 | into the Illinois Colt Stakes Purse Distribution
Fund
| ||||||
| 26 | pursuant to this subparagraph (B) shall be deposited | ||||||
| |||||||
| |||||||
| 1 | within 2 weeks
after the day they were generated, shall | ||||||
| 2 | be in addition to and not in
lieu of any other moneys | ||||||
| 3 | paid to thoroughbred purses
under this Act, and shall | ||||||
| 4 | not be commingled with other moneys deposited into
that | ||||||
| 5 | Fund.
| ||||||
| 6 | (7.3) (Blank).
| ||||||
| 7 | (7.4) (Blank).
| ||||||
| 8 | (8) Notwithstanding any provision in this Act to the | ||||||
| 9 | contrary, an
organization licensee from a track located in | ||||||
| 10 | a county with a population in
excess of 230,000 and that | ||||||
| 11 | borders the Mississippi River and its affiliated
non-host | ||||||
| 12 | licensees shall not be entitled to share in any retention | ||||||
| 13 | generated on
racing, inter-track wagering, or simulcast | ||||||
| 14 | wagering at any other Illinois
wagering facility.
| ||||||
| 15 | (8.1) Notwithstanding any provisions in this Act to the | ||||||
| 16 | contrary, if 2
organization licensees
are conducting | ||||||
| 17 | standardbred race meetings concurrently
between the hours | ||||||
| 18 | of 6:30 p.m. and 6:30 a.m., after payment of all applicable
| ||||||
| 19 | State and local taxes and interstate commission fees, the | ||||||
| 20 | remainder of the
amount retained from simulcast wagering | ||||||
| 21 | otherwise attributable to the host
track and to host track | ||||||
| 22 | purses shall be split daily between the 2
organization | ||||||
| 23 | licensees and the purses at the tracks of the 2 | ||||||
| 24 | organization
licensees, respectively, based on each | ||||||
| 25 | organization licensee's share
of the total live handle for | ||||||
| 26 | that day,
provided that this provision shall not apply to | ||||||
| |||||||
| |||||||
| 1 | any non-host licensee that
derives its license from a track | ||||||
| 2 | located in a county with a population in
excess of 230,000 | ||||||
| 3 | and that borders the Mississippi River.
| ||||||
| 4 | (9) (Blank).
| ||||||
| 5 | (10) (Blank).
| ||||||
| 6 | (11) (Blank).
| ||||||
| 7 | (12) The Board shall have authority to compel all host | ||||||
| 8 | tracks to receive
the simulcast of any or all races | ||||||
| 9 | conducted at the Springfield or DuQuoin State
fairgrounds | ||||||
| 10 | and include all such races as part of their simulcast | ||||||
| 11 | programs.
| ||||||
| 12 | (13) Notwithstanding any other provision of this Act, | ||||||
| 13 | in the event that
the total Illinois pari-mutuel handle on | ||||||
| 14 | Illinois horse races at all wagering
facilities in any | ||||||
| 15 | calendar year is less than 75% of the total Illinois
| ||||||
| 16 | pari-mutuel handle on Illinois horse races at all such | ||||||
| 17 | wagering facilities for
calendar year 1994, then each | ||||||
| 18 | wagering facility that has an annual total
Illinois | ||||||
| 19 | pari-mutuel handle on Illinois horse races that is less | ||||||
| 20 | than 75% of
the total Illinois pari-mutuel handle on | ||||||
| 21 | Illinois horse races at such wagering
facility for calendar | ||||||
| 22 | year 1994, shall be permitted to receive, from any amount
| ||||||
| 23 | otherwise
payable to the purse account at the race track | ||||||
| 24 | with which the wagering facility
is affiliated in the | ||||||
| 25 | succeeding calendar year, an amount equal to 2% of the
| ||||||
| 26 | differential in total Illinois pari-mutuel handle on | ||||||
| |||||||
| |||||||
| 1 | Illinois horse
races at the wagering facility between that | ||||||
| 2 | calendar year in question and 1994
provided, however, that | ||||||
| 3 | a
wagering facility shall not be entitled to any such | ||||||
| 4 | payment until the Board
certifies in writing to the | ||||||
| 5 | wagering facility the amount to which the wagering
facility | ||||||
| 6 | is entitled
and a schedule for payment of the amount to the | ||||||
| 7 | wagering facility, based on:
(i) the racing dates awarded | ||||||
| 8 | to the race track affiliated with the wagering
facility | ||||||
| 9 | during the succeeding year; (ii) the sums available or | ||||||
| 10 | anticipated to
be available in the purse account of the | ||||||
| 11 | race track affiliated with the
wagering facility for purses | ||||||
| 12 | during the succeeding year; and (iii) the need to
ensure | ||||||
| 13 | reasonable purse levels during the payment period.
The | ||||||
| 14 | Board's certification
shall be provided no later than | ||||||
| 15 | January 31 of the succeeding year.
In the event a wagering | ||||||
| 16 | facility entitled to a payment under this paragraph
(13) is | ||||||
| 17 | affiliated with a race track that maintains purse accounts | ||||||
| 18 | for both
standardbred and thoroughbred racing, the amount | ||||||
| 19 | to be paid to the wagering
facility shall be divided | ||||||
| 20 | between each purse account pro rata, based on the
amount of | ||||||
| 21 | Illinois handle on Illinois standardbred and thoroughbred | ||||||
| 22 | racing
respectively at the wagering facility during the | ||||||
| 23 | previous calendar year.
Annually, the General Assembly | ||||||
| 24 | shall appropriate sufficient funds from the
General | ||||||
| 25 | Revenue Fund to the Department of Agriculture for payment | ||||||
| 26 | into the
thoroughbred and standardbred horse racing purse | ||||||
| |||||||
| |||||||
| 1 | accounts at
Illinois pari-mutuel tracks. The amount paid to | ||||||
| 2 | each purse account shall be
the amount certified by the | ||||||
| 3 | Illinois Racing Board in January to be
transferred from | ||||||
| 4 | each account to each eligible racing facility in
accordance | ||||||
| 5 | with the provisions of this Section.
| ||||||
| 6 | (h) The Board may approve and license the conduct of | ||||||
| 7 | inter-track wagering
and simulcast wagering by inter-track | ||||||
| 8 | wagering licensees and inter-track
wagering location licensees | ||||||
| 9 | subject to the following terms and conditions:
| ||||||
| 10 | (1) Any person licensed to conduct a race meeting (i) | ||||||
| 11 | at a track where
60 or more days of racing were conducted | ||||||
| 12 | during the immediately preceding
calendar year or where | ||||||
| 13 | over the 5 immediately preceding calendar years an
average | ||||||
| 14 | of 30 or more days of racing were conducted annually may be | ||||||
| 15 | issued an
inter-track wagering license; (ii) at a track
| ||||||
| 16 | located in a county that is bounded by the Mississippi | ||||||
| 17 | River, which has a
population of less than 150,000 | ||||||
| 18 | according to the 1990 decennial census, and an
average of | ||||||
| 19 | at least 60 days of racing per year between 1985 and 1993 | ||||||
| 20 | may be
issued an inter-track wagering license; or (iii) at | ||||||
| 21 | a track
located in Madison
County that conducted at least | ||||||
| 22 | 100 days of live racing during the immediately
preceding
| ||||||
| 23 | calendar year may be issued an inter-track wagering | ||||||
| 24 | license, unless a lesser
schedule of
live racing is the | ||||||
| 25 | result of (A) weather, unsafe track conditions, or other
| ||||||
| 26 | acts of God; (B)
an agreement between the organization | ||||||
| |||||||
| |||||||
| 1 | licensee and the associations
representing the
largest | ||||||
| 2 | number of owners, trainers, jockeys, or standardbred | ||||||
| 3 | drivers who race
horses at
that organization licensee's | ||||||
| 4 | racing meeting; or (C) a finding by the Board of
| ||||||
| 5 | extraordinary circumstances and that it was in the best | ||||||
| 6 | interest of the public
and the sport to conduct fewer than | ||||||
| 7 | 100 days of live racing. Any such person
having operating | ||||||
| 8 | control of the racing facility may receive
inter-track | ||||||
| 9 | wagering
location licenses. An
eligible race track located | ||||||
| 10 | in a county that has a population of more than
230,000 and | ||||||
| 11 | that is bounded by the Mississippi River may establish up | ||||||
| 12 | to 9
inter-track wagering locations, an eligible race track | ||||||
| 13 | located in Stickney Township in Cook County may establish | ||||||
| 14 | up to 16 inter-track wagering locations, and an eligible | ||||||
| 15 | race track located in Palatine Township in Cook County may | ||||||
| 16 | establish up to 18 inter-track wagering locations.
An | ||||||
| 17 | application for
said license shall be filed with the Board | ||||||
| 18 | prior to such dates as may be
fixed by the Board. With an | ||||||
| 19 | application for an inter-track
wagering
location license | ||||||
| 20 | there shall be delivered to the Board a certified check or
| ||||||
| 21 | bank draft payable to the order of the Board for an amount | ||||||
| 22 | equal to $500.
The application shall be on forms prescribed | ||||||
| 23 | and furnished by the Board. The
application shall comply | ||||||
| 24 | with all other rules,
regulations and conditions imposed by | ||||||
| 25 | the Board in connection therewith.
| ||||||
| 26 | (2) The Board shall examine the applications with | ||||||
| |||||||
| |||||||
| 1 | respect to their
conformity with this Act and the rules and | ||||||
| 2 | regulations imposed by the
Board. If found to be in | ||||||
| 3 | compliance with the Act and rules and regulations
of the | ||||||
| 4 | Board, the Board may then issue a license to conduct | ||||||
| 5 | inter-track
wagering and simulcast wagering to such | ||||||
| 6 | applicant. All such applications
shall be acted upon by the | ||||||
| 7 | Board at a meeting to be held on such date as may be
fixed | ||||||
| 8 | by the Board.
| ||||||
| 9 | (3) In granting licenses to conduct inter-track | ||||||
| 10 | wagering and simulcast
wagering, the Board shall give due | ||||||
| 11 | consideration to
the best interests of the
public, of horse | ||||||
| 12 | racing, and of maximizing revenue to the State.
| ||||||
| 13 | (4) Prior to the issuance of a license to conduct | ||||||
| 14 | inter-track wagering
and simulcast wagering,
the applicant | ||||||
| 15 | shall file with the Board a bond payable to the State of | ||||||
| 16 | Illinois
in the sum of $50,000, executed by the applicant | ||||||
| 17 | and a surety company or
companies authorized to do business | ||||||
| 18 | in this State, and conditioned upon
(i) the payment by the | ||||||
| 19 | licensee of all taxes due under Section 27 or 27.1
and any | ||||||
| 20 | other monies due and payable under this Act, and (ii)
| ||||||
| 21 | distribution by the licensee, upon presentation of the | ||||||
| 22 | winning ticket or
tickets, of all sums payable to the | ||||||
| 23 | patrons of pari-mutuel pools.
| ||||||
| 24 | (5) Each license to conduct inter-track wagering and | ||||||
| 25 | simulcast
wagering shall specify the person
to whom it is | ||||||
| 26 | issued, the dates on which such wagering is permitted, and
| ||||||
| |||||||
| |||||||
| 1 | the track or location where the wagering is to be | ||||||
| 2 | conducted.
| ||||||
| 3 | (6) All wagering under such license is subject to this | ||||||
| 4 | Act and to the
rules and regulations from time to time | ||||||
| 5 | prescribed by the Board, and every
such license issued by | ||||||
| 6 | the Board shall contain a recital to that effect.
| ||||||
| 7 | (7) An inter-track wagering licensee or inter-track | ||||||
| 8 | wagering location
licensee may accept wagers at the track | ||||||
| 9 | or location
where it is licensed, or as otherwise provided | ||||||
| 10 | under this Act.
| ||||||
| 11 | (8) Inter-track wagering or simulcast wagering shall | ||||||
| 12 | not be
conducted
at any track less than 5 miles from a | ||||||
| 13 | track at which a racing meeting is in
progress.
| ||||||
| 14 | (8.1) Inter-track wagering location
licensees who | ||||||
| 15 | derive their licenses from a particular organization | ||||||
| 16 | licensee
shall conduct inter-track wagering and simulcast | ||||||
| 17 | wagering only at locations that
are within 160 miles of | ||||||
| 18 | that race track
where
the particular organization licensee | ||||||
| 19 | is licensed to conduct racing. However, inter-track | ||||||
| 20 | wagering and simulcast wagering
shall not
be conducted by | ||||||
| 21 | those licensees at any location within 5 miles of any race
| ||||||
| 22 | track at which a
horse race meeting has been licensed in | ||||||
| 23 | the current year, unless the person
having operating | ||||||
| 24 | control of such race track has given its written consent
to | ||||||
| 25 | such inter-track wagering location licensees,
which | ||||||
| 26 | consent
must be filed with the Board at or prior to the | ||||||
| |||||||
| |||||||
| 1 | time application is made. In the case of any inter-track | ||||||
| 2 | wagering location licensee initially licensed after | ||||||
| 3 | December 31, 2013, inter-track wagering and simulcast | ||||||
| 4 | wagering shall not be conducted by those inter-track | ||||||
| 5 | wagering location licensees that are located outside the | ||||||
| 6 | City of Chicago at any location within 8 miles of any race | ||||||
| 7 | track at which a horse race meeting has been licensed in | ||||||
| 8 | the current year, unless the person having operating | ||||||
| 9 | control of such race track has given its written consent to | ||||||
| 10 | such inter-track wagering location licensees, which | ||||||
| 11 | consent must be filed with the Board at or prior to the | ||||||
| 12 | time application is made.
| ||||||
| 13 | (8.2) Inter-track wagering or simulcast wagering shall | ||||||
| 14 | not be
conducted by an inter-track
wagering location | ||||||
| 15 | licensee at any location within 100 500 feet of an
existing
| ||||||
| 16 | church or existing school, nor within 500 feet of the | ||||||
| 17 | residences
of more than 50 registered voters without
| ||||||
| 18 | receiving written permission from a majority of the | ||||||
| 19 | registered
voters at such residences.
Such written | ||||||
| 20 | permission statements shall be filed with the Board. The
| ||||||
| 21 | distance of 100 500 feet shall be measured to the nearest | ||||||
| 22 | part of any
building
used for worship services, education | ||||||
| 23 | programs, residential purposes, or
conducting inter-track | ||||||
| 24 | wagering by an inter-track wagering location
licensee, and | ||||||
| 25 | not to property boundaries. However, inter-track wagering | ||||||
| 26 | or
simulcast wagering may be conducted at a site within 100 | ||||||
| |||||||
| |||||||
| 1 | 500 feet of
a church or , school or residences
of 50 or more | ||||||
| 2 | registered voters if such church or , school has
or | ||||||
| 3 | residences have been erected
or established, or such voters | ||||||
| 4 | have been registered, after
the Board issues
the original | ||||||
| 5 | inter-track wagering location license at the site in | ||||||
| 6 | question.
Inter-track wagering location licensees may | ||||||
| 7 | conduct inter-track wagering
and simulcast wagering only | ||||||
| 8 | in areas that are zoned for
commercial or manufacturing | ||||||
| 9 | purposes or
in areas for which a special use has been | ||||||
| 10 | approved by the local zoning
authority. However, no license | ||||||
| 11 | to conduct inter-track wagering and simulcast
wagering | ||||||
| 12 | shall be
granted by the Board with respect to any | ||||||
| 13 | inter-track wagering location
within the jurisdiction of | ||||||
| 14 | any local zoning authority which has, by
ordinance or by | ||||||
| 15 | resolution, prohibited the establishment of an inter-track
| ||||||
| 16 | wagering location within its jurisdiction. However, | ||||||
| 17 | inter-track wagering
and simulcast wagering may be | ||||||
| 18 | conducted at a site if such ordinance or
resolution is | ||||||
| 19 | enacted after
the Board licenses the original inter-track | ||||||
| 20 | wagering location
licensee for the site in question.
| ||||||
| 21 | (9) (Blank).
| ||||||
| 22 | (10) An inter-track wagering licensee or an | ||||||
| 23 | inter-track wagering
location licensee may retain, subject | ||||||
| 24 | to the
payment of the privilege taxes and the purses, an | ||||||
| 25 | amount not to
exceed 17% of all money wagered. Each program | ||||||
| 26 | of racing conducted by
each inter-track wagering licensee | ||||||
| |||||||
| |||||||
| 1 | or inter-track wagering location
licensee shall be | ||||||
| 2 | considered a separate racing day for the purpose of
| ||||||
| 3 | determining the daily handle and computing the privilege | ||||||
| 4 | tax or pari-mutuel
tax on such daily
handle as provided in | ||||||
| 5 | Section 27.
| ||||||
| 6 | (10.1) Except as provided in subsection (g) of Section | ||||||
| 7 | 27 of this Act,
inter-track wagering location licensees | ||||||
| 8 | shall pay 1% of the
pari-mutuel handle at each location to | ||||||
| 9 | the municipality in which such
location is situated and 1% | ||||||
| 10 | of the pari-mutuel handle at each location to
the county in | ||||||
| 11 | which such location is situated. In the event that an
| ||||||
| 12 | inter-track wagering location licensee is situated in an | ||||||
| 13 | unincorporated
area of a county, such licensee shall pay 2% | ||||||
| 14 | of the pari-mutuel handle from
such location to such | ||||||
| 15 | county.
| ||||||
| 16 | (10.2) Notwithstanding any other provision of this | ||||||
| 17 | Act, with respect to inter-track
wagering at a race track | ||||||
| 18 | located in a
county that has a population of
more than | ||||||
| 19 | 230,000 and that is bounded by the Mississippi River ("the | ||||||
| 20 | first race
track"), or at a facility operated by an | ||||||
| 21 | inter-track wagering licensee or
inter-track wagering | ||||||
| 22 | location licensee that derives its license from the
| ||||||
| 23 | organization licensee that operates the first race track, | ||||||
| 24 | on races conducted at
the first race track or on races | ||||||
| 25 | conducted at another Illinois race track
and | ||||||
| 26 | simultaneously televised to the first race track or to a | ||||||
| |||||||
| |||||||
| 1 | facility operated
by an inter-track wagering licensee or | ||||||
| 2 | inter-track wagering location licensee
that derives its | ||||||
| 3 | license from the organization licensee that operates the | ||||||
| 4 | first
race track, those moneys shall be allocated as | ||||||
| 5 | follows:
| ||||||
| 6 | (A) That portion of all moneys wagered on | ||||||
| 7 | standardbred racing that is
required under this Act to | ||||||
| 8 | be paid to purses shall be paid to purses for
| ||||||
| 9 | standardbred races.
| ||||||
| 10 | (B) That portion of all moneys wagered on | ||||||
| 11 | thoroughbred racing
that is required under this Act to | ||||||
| 12 | be paid to purses shall be paid to purses
for | ||||||
| 13 | thoroughbred races.
| ||||||
| 14 | (11) (A) After payment of the privilege or pari-mutuel | ||||||
| 15 | tax, any other
applicable
taxes, and
the costs and expenses | ||||||
| 16 | in connection with the gathering, transmission, and
| ||||||
| 17 | dissemination of all data necessary to the conduct of | ||||||
| 18 | inter-track wagering,
the remainder of the monies retained | ||||||
| 19 | under either Section 26 or Section 26.2
of this Act by the | ||||||
| 20 | inter-track wagering licensee on inter-track wagering
| ||||||
| 21 | shall be allocated with 50% to be split between the
2 | ||||||
| 22 | participating licensees and 50% to purses, except
that an | ||||||
| 23 | inter-track wagering licensee that derives its
license | ||||||
| 24 | from a track located in a county with a population in | ||||||
| 25 | excess of 230,000
and that borders the Mississippi River | ||||||
| 26 | shall not divide any remaining
retention with the Illinois | ||||||
| |||||||
| |||||||
| 1 | organization licensee that provides the race or
races, and | ||||||
| 2 | an inter-track wagering licensee that accepts wagers on | ||||||
| 3 | races
conducted by an organization licensee that conducts a | ||||||
| 4 | race meet in a county
with a population in excess of | ||||||
| 5 | 230,000 and that borders the Mississippi River
shall not | ||||||
| 6 | divide any remaining retention with that organization | ||||||
| 7 | licensee.
| ||||||
| 8 | (B) From the
sums permitted to be retained pursuant to | ||||||
| 9 | this Act each inter-track wagering
location licensee shall | ||||||
| 10 | pay (i) the privilege or pari-mutuel tax to the
State; (ii) | ||||||
| 11 | 4.75% of the
pari-mutuel handle on inter-track wagering at | ||||||
| 12 | such location on
races as purses, except that
an | ||||||
| 13 | inter-track wagering location licensee that derives its | ||||||
| 14 | license from a
track located in a county with a population | ||||||
| 15 | in excess of 230,000 and that
borders the Mississippi River | ||||||
| 16 | shall retain all purse moneys for its own purse
account | ||||||
| 17 | consistent with distribution set forth in this subsection | ||||||
| 18 | (h), and inter-track
wagering location licensees that | ||||||
| 19 | accept wagers on races
conducted
by an organization | ||||||
| 20 | licensee located in a county with a population in excess of
| ||||||
| 21 | 230,000 and that borders the Mississippi River shall | ||||||
| 22 | distribute all purse
moneys to purses at the operating host | ||||||
| 23 | track; (iii) until January 1, 2000,
except as
provided in
| ||||||
| 24 | subsection (g) of Section 27 of this Act, 1% of the
| ||||||
| 25 | pari-mutuel handle wagered on inter-track wagering and | ||||||
| 26 | simulcast wagering at
each inter-track wagering
location | ||||||
| |||||||
| |||||||
| 1 | licensee facility to the Horse Racing Tax Allocation Fund, | ||||||
| 2 | provided
that, to the extent the total amount collected and | ||||||
| 3 | distributed to the Horse
Racing Tax Allocation Fund under | ||||||
| 4 | this subsection (h) during any calendar year
exceeds the | ||||||
| 5 | amount collected and distributed to the Horse Racing Tax | ||||||
| 6 | Allocation
Fund during calendar year 1994, that excess | ||||||
| 7 | amount shall be redistributed (I)
to all inter-track | ||||||
| 8 | wagering location licensees, based on each licensee's pro | ||||||
| 9 | rata
pro-rata share of the total handle from inter-track | ||||||
| 10 | wagering and simulcast
wagering for all inter-track | ||||||
| 11 | wagering location licensees during the calendar
year in | ||||||
| 12 | which this provision is applicable; then (II) the amounts | ||||||
| 13 | redistributed
to each inter-track wagering location | ||||||
| 14 | licensee as described in subpart (I)
shall be further | ||||||
| 15 | redistributed as provided in subparagraph (B) of paragraph | ||||||
| 16 | (5)
of subsection (g) of this Section 26 provided first, | ||||||
| 17 | that the shares of those
amounts, which are to be | ||||||
| 18 | redistributed to the host track or to purses at the
host | ||||||
| 19 | track under subparagraph (B) of paragraph (5) of subsection | ||||||
| 20 | (g) of this
Section 26 shall be
redistributed based on each | ||||||
| 21 | host track's pro rata share of the total
inter-track
| ||||||
| 22 | wagering and simulcast wagering handle at all host tracks | ||||||
| 23 | during the calendar
year in question, and second, that any | ||||||
| 24 | amounts redistributed as described in
part (I) to an | ||||||
| 25 | inter-track wagering location licensee that accepts
wagers | ||||||
| 26 | on races conducted by an organization licensee that | ||||||
| |||||||
| |||||||
| 1 | conducts a race meet
in a county with a population in | ||||||
| 2 | excess of 230,000 and that borders the
Mississippi River | ||||||
| 3 | shall be further redistributed, effective January 1, 2017, | ||||||
| 4 | as provided in paragraph (7) of subsection (g) of this | ||||||
| 5 | Section 26, with the
portion of that
further redistribution | ||||||
| 6 | allocated to purses at that organization licensee to be
| ||||||
| 7 | divided between standardbred purses and thoroughbred | ||||||
| 8 | purses based on the
amounts otherwise allocated to purses | ||||||
| 9 | at that organization licensee during the
calendar year in | ||||||
| 10 | question; and (iv) 8% of the pari-mutuel handle on
| ||||||
| 11 | inter-track wagering wagered at
such location to satisfy | ||||||
| 12 | all costs and expenses of conducting its wagering. The
| ||||||
| 13 | remainder of the monies retained by the inter-track | ||||||
| 14 | wagering location licensee
shall be allocated 40% to the | ||||||
| 15 | location licensee and 60% to the organization
licensee | ||||||
| 16 | which provides the Illinois races to the location, except | ||||||
| 17 | that an inter-track
wagering location
licensee that | ||||||
| 18 | derives its license from a track located in a county with a
| ||||||
| 19 | population in excess of 230,000 and that borders the | ||||||
| 20 | Mississippi River shall
not divide any remaining retention | ||||||
| 21 | with the organization licensee that provides
the race or | ||||||
| 22 | races and an inter-track wagering location licensee that | ||||||
| 23 | accepts
wagers on races conducted by an organization | ||||||
| 24 | licensee that conducts a race meet
in a county with a | ||||||
| 25 | population in excess of 230,000 and that borders the
| ||||||
| 26 | Mississippi River shall not divide any remaining retention | ||||||
| |||||||
| |||||||
| 1 | with the
organization licensee.
Notwithstanding the | ||||||
| 2 | provisions of clauses (ii) and (iv) of this
paragraph, in | ||||||
| 3 | the case of the additional inter-track wagering location | ||||||
| 4 | licenses
authorized under paragraph (1) of this subsection | ||||||
| 5 | (h) by Public Act 87-110, those licensees shall pay the | ||||||
| 6 | following amounts as purses:
during the first 12 months the | ||||||
| 7 | licensee is in operation, 5.25% of
the
pari-mutuel handle | ||||||
| 8 | wagered at the location on races; during the second 12
| ||||||
| 9 | months, 5.25%; during the third 12 months, 5.75%;
during
| ||||||
| 10 | the fourth 12 months,
6.25%; and during the fifth 12 months | ||||||
| 11 | and thereafter, 6.75%. The
following amounts shall be | ||||||
| 12 | retained by the licensee to satisfy all costs
and expenses | ||||||
| 13 | of conducting its wagering: during the first 12 months the
| ||||||
| 14 | licensee is in operation, 8.25% of the pari-mutuel handle | ||||||
| 15 | wagered
at the
location; during the second 12 months, | ||||||
| 16 | 8.25%; during the third 12
months, 7.75%;
during the fourth | ||||||
| 17 | 12 months, 7.25%; and during the fifth 12 months
and
| ||||||
| 18 | thereafter, 6.75%.
For additional inter-track wagering | ||||||
| 19 | location licensees authorized under Public Act 89-16, | ||||||
| 20 | purses for the first 12 months the licensee is in operation | ||||||
| 21 | shall
be 5.75% of the pari-mutuel wagered
at the location, | ||||||
| 22 | purses for the second 12 months the licensee is in | ||||||
| 23 | operation
shall be 6.25%, and purses
thereafter shall be | ||||||
| 24 | 6.75%. For additional inter-track location
licensees
| ||||||
| 25 | authorized under Public Act 89-16, the licensee shall be | ||||||
| 26 | allowed to retain to satisfy
all costs and expenses: 7.75% | ||||||
| |||||||
| |||||||
| 1 | of the pari-mutuel handle wagered at
the location
during | ||||||
| 2 | its first 12 months of operation, 7.25% during its second
| ||||||
| 3 | 12
months of
operation, and 6.75% thereafter.
| ||||||
| 4 | (C) There is hereby created the Horse Racing Tax | ||||||
| 5 | Allocation Fund
which shall remain in existence until | ||||||
| 6 | December 31, 1999. Moneys
remaining in the Fund after | ||||||
| 7 | December 31, 1999
shall be paid into the
General Revenue | ||||||
| 8 | Fund. Until January 1, 2000,
all monies paid into the Horse | ||||||
| 9 | Racing Tax Allocation Fund pursuant to this
paragraph (11) | ||||||
| 10 | by inter-track wagering location licensees located in park
| ||||||
| 11 | districts of 500,000 population or less, or in a | ||||||
| 12 | municipality that is not
included within any park district | ||||||
| 13 | but is included within a conservation
district and is the | ||||||
| 14 | county seat of a county that (i) is contiguous to the state
| ||||||
| 15 | of Indiana and (ii) has a 1990 population of 88,257 | ||||||
| 16 | according to the United
States Bureau of the Census, and | ||||||
| 17 | operating on May 1, 1994 shall be
allocated by | ||||||
| 18 | appropriation as follows:
| ||||||
| 19 | Two-sevenths to the Department of Agriculture. | ||||||
| 20 | Fifty percent of
this two-sevenths shall be used to | ||||||
| 21 | promote the Illinois horse racing and
breeding | ||||||
| 22 | industry, and shall be distributed by the Department of | ||||||
| 23 | Agriculture
upon the advice of a 9-member committee | ||||||
| 24 | appointed by the Governor consisting of
the following | ||||||
| 25 | members: the Director of Agriculture, who shall serve | ||||||
| 26 | as
chairman; 2 representatives of organization | ||||||
| |||||||
| |||||||
| 1 | licensees conducting thoroughbred
race meetings in | ||||||
| 2 | this State, recommended by those licensees; 2 | ||||||
| 3 | representatives
of organization licensees conducting | ||||||
| 4 | standardbred race meetings in this State,
recommended | ||||||
| 5 | by those licensees; a representative of the Illinois
| ||||||
| 6 | Thoroughbred Breeders and Owners Foundation, | ||||||
| 7 | recommended by that
Foundation; a representative of | ||||||
| 8 | the Illinois Standardbred Owners and
Breeders | ||||||
| 9 | Association, recommended
by that Association; a | ||||||
| 10 | representative of
the Horsemen's Benevolent and | ||||||
| 11 | Protective Association or any successor
organization | ||||||
| 12 | thereto established in Illinois comprised of the | ||||||
| 13 | largest number of
owners and trainers, recommended by | ||||||
| 14 | that
Association or that successor organization; and a
| ||||||
| 15 | representative of the Illinois Harness Horsemen's
| ||||||
| 16 | Association, recommended by that Association. | ||||||
| 17 | Committee members shall
serve for terms of 2 years, | ||||||
| 18 | commencing January 1 of each even-numbered
year. If a | ||||||
| 19 | representative of any of the above-named entities has | ||||||
| 20 | not been
recommended by January 1 of any even-numbered | ||||||
| 21 | year, the Governor shall
appoint a committee member to | ||||||
| 22 | fill that position. Committee members shall
receive no | ||||||
| 23 | compensation for their services as members but shall be
| ||||||
| 24 | reimbursed for all actual and necessary expenses and | ||||||
| 25 | disbursements incurred
in the performance of their | ||||||
| 26 | official duties. The remaining 50% of this
| ||||||
| |||||||
| |||||||
| 1 | two-sevenths shall be distributed to county fairs for | ||||||
| 2 | premiums and
rehabilitation as set forth in the | ||||||
| 3 | Agricultural Fair Act;
| ||||||
| 4 | Four-sevenths to park districts or municipalities | ||||||
| 5 | that do not have a
park district of 500,000 population | ||||||
| 6 | or less for museum purposes (if an
inter-track wagering | ||||||
| 7 | location licensee is located in such a park district) | ||||||
| 8 | or
to conservation districts for museum purposes (if an | ||||||
| 9 | inter-track wagering
location licensee is located in a | ||||||
| 10 | municipality that is not included within any
park | ||||||
| 11 | district but is included within a conservation | ||||||
| 12 | district and is the county
seat of a county that (i) is | ||||||
| 13 | contiguous to the state of Indiana and (ii) has a
1990 | ||||||
| 14 | population of 88,257 according to the United States | ||||||
| 15 | Bureau of the Census,
except that if the conservation | ||||||
| 16 | district does not maintain a museum, the monies
shall | ||||||
| 17 | be allocated equally between the county and the | ||||||
| 18 | municipality in which the
inter-track wagering | ||||||
| 19 | location licensee is located for general purposes) or | ||||||
| 20 | to a
municipal recreation board for park purposes (if | ||||||
| 21 | an inter-track wagering
location licensee is located | ||||||
| 22 | in a municipality that is not included within any
park | ||||||
| 23 | district and park maintenance is the function of the | ||||||
| 24 | municipal recreation
board and the municipality has a | ||||||
| 25 | 1990 population of 9,302 according to the
United States | ||||||
| 26 | Bureau of the Census); provided that the monies are | ||||||
| |||||||
| |||||||
| 1 | distributed
to each park district or conservation | ||||||
| 2 | district or municipality that does not
have a park | ||||||
| 3 | district in an amount equal to four-sevenths of the | ||||||
| 4 | amount
collected by each inter-track wagering location | ||||||
| 5 | licensee within the park
district or conservation | ||||||
| 6 | district or municipality for the Fund. Monies that
were | ||||||
| 7 | paid into the Horse Racing Tax Allocation Fund before | ||||||
| 8 | August 9, 1991 (the effective date
of Public Act | ||||||
| 9 | 87-110) by an inter-track wagering location licensee
| ||||||
| 10 | located in a municipality that is not included within | ||||||
| 11 | any park district but is
included within a conservation | ||||||
| 12 | district as provided in this paragraph shall, as
soon | ||||||
| 13 | as practicable after August 9, 1991 (the effective date | ||||||
| 14 | of Public Act 87-110), be
allocated and paid to that | ||||||
| 15 | conservation district as provided in this paragraph.
| ||||||
| 16 | Any park district or municipality not maintaining a | ||||||
| 17 | museum may deposit the
monies in the corporate fund of | ||||||
| 18 | the park district or municipality where the
| ||||||
| 19 | inter-track wagering location is located, to be used | ||||||
| 20 | for general purposes;
and
| ||||||
| 21 | One-seventh to the Agricultural Premium Fund to be | ||||||
| 22 | used for distribution
to agricultural home economics | ||||||
| 23 | extension councils in accordance with "An
Act in | ||||||
| 24 | relation to additional support and finances for the | ||||||
| 25 | Agricultural and
Home Economic Extension Councils in | ||||||
| 26 | the several counties of this State and
making an | ||||||
| |||||||
| |||||||
| 1 | appropriation therefor", approved July 24, 1967.
| ||||||
| 2 | Until January 1, 2000, all other
monies paid into the | ||||||
| 3 | Horse Racing Tax
Allocation Fund pursuant to
this paragraph | ||||||
| 4 | (11) shall be allocated by appropriation as follows:
| ||||||
| 5 | Two-sevenths to the Department of Agriculture. | ||||||
| 6 | Fifty percent of this
two-sevenths shall be used to | ||||||
| 7 | promote the Illinois horse racing and breeding
| ||||||
| 8 | industry, and shall be distributed by the Department of | ||||||
| 9 | Agriculture upon the
advice of a 9-member committee | ||||||
| 10 | appointed by the Governor consisting of the
following | ||||||
| 11 | members: the Director of Agriculture, who shall serve | ||||||
| 12 | as chairman; 2
representatives of organization | ||||||
| 13 | licensees conducting thoroughbred race meetings
in | ||||||
| 14 | this State, recommended by those licensees; 2 | ||||||
| 15 | representatives of
organization licensees conducting | ||||||
| 16 | standardbred race meetings in this State,
recommended | ||||||
| 17 | by those licensees; a representative of the Illinois | ||||||
| 18 | Thoroughbred
Breeders and Owners Foundation, | ||||||
| 19 | recommended by that Foundation; a
representative of | ||||||
| 20 | the Illinois Standardbred Owners and Breeders | ||||||
| 21 | Association,
recommended by that Association; a | ||||||
| 22 | representative of the Horsemen's Benevolent
and | ||||||
| 23 | Protective Association or any successor organization | ||||||
| 24 | thereto established
in Illinois comprised of the | ||||||
| 25 | largest number of owners and trainers,
recommended by | ||||||
| 26 | that Association or that successor organization; and a
| ||||||
| |||||||
| |||||||
| 1 | representative of the Illinois Harness Horsemen's | ||||||
| 2 | Association, recommended by
that Association. | ||||||
| 3 | Committee members shall serve for terms of 2 years,
| ||||||
| 4 | commencing January 1 of each even-numbered year. If a | ||||||
| 5 | representative of any of
the above-named entities has | ||||||
| 6 | not been recommended by January 1 of any
even-numbered | ||||||
| 7 | year, the Governor shall appoint a committee member to | ||||||
| 8 | fill that
position. Committee members shall receive no | ||||||
| 9 | compensation for their services
as members but shall be | ||||||
| 10 | reimbursed for all actual and necessary expenses and
| ||||||
| 11 | disbursements incurred in the performance of their | ||||||
| 12 | official duties. The
remaining 50% of this | ||||||
| 13 | two-sevenths shall be distributed to county fairs for
| ||||||
| 14 | premiums and rehabilitation as set forth in the | ||||||
| 15 | Agricultural Fair Act;
| ||||||
| 16 | Four-sevenths to museums and aquariums located in | ||||||
| 17 | park districts of over
500,000 population; provided | ||||||
| 18 | that the monies are distributed in accordance with
the | ||||||
| 19 | previous year's distribution of the maintenance tax | ||||||
| 20 | for such museums and
aquariums as provided in Section 2 | ||||||
| 21 | of the Park District Aquarium and Museum
Act; and
| ||||||
| 22 | One-seventh to the Agricultural Premium Fund to be | ||||||
| 23 | used for distribution
to agricultural home economics | ||||||
| 24 | extension councils in accordance with "An Act
in | ||||||
| 25 | relation to additional support and finances for the | ||||||
| 26 | Agricultural and
Home Economic Extension Councils in | ||||||
| |||||||
| |||||||
| 1 | the several counties of this State and
making an | ||||||
| 2 | appropriation therefor", approved July 24, 1967.
This | ||||||
| 3 | subparagraph (C) shall be inoperative and of no force | ||||||
| 4 | and effect on and
after January 1, 2000.
| ||||||
| 5 | (D) Except as provided in paragraph (11) of this | ||||||
| 6 | subsection (h),
with respect to purse allocation from | ||||||
| 7 | inter-track wagering, the monies so
retained shall be | ||||||
| 8 | divided as follows:
| ||||||
| 9 | (i) If the inter-track wagering licensee, | ||||||
| 10 | except an inter-track
wagering licensee that | ||||||
| 11 | derives its license from an organization
licensee | ||||||
| 12 | located in a county with a population in excess of | ||||||
| 13 | 230,000 and bounded
by the Mississippi River, is | ||||||
| 14 | not conducting its own
race meeting during the same | ||||||
| 15 | dates, then the entire purse allocation shall be
to | ||||||
| 16 | purses at the track where the races wagered on are | ||||||
| 17 | being conducted.
| ||||||
| 18 | (ii) If the inter-track wagering licensee, | ||||||
| 19 | except an inter-track
wagering licensee that | ||||||
| 20 | derives its license from an organization
licensee | ||||||
| 21 | located in a county with a population in excess of | ||||||
| 22 | 230,000 and bounded
by the Mississippi River, is | ||||||
| 23 | also
conducting its own
race meeting during the | ||||||
| 24 | same dates, then the purse allocation shall be as
| ||||||
| 25 | follows: 50% to purses at the track where the races | ||||||
| 26 | wagered on are
being conducted; 50% to purses at | ||||||
| |||||||
| |||||||
| 1 | the track where the inter-track
wagering licensee | ||||||
| 2 | is accepting such wagers.
| ||||||
| 3 | (iii) If the inter-track wagering is being | ||||||
| 4 | conducted by an inter-track
wagering location | ||||||
| 5 | licensee, except an inter-track wagering location | ||||||
| 6 | licensee
that derives its license from an | ||||||
| 7 | organization licensee located in a
county with a | ||||||
| 8 | population in excess of 230,000 and bounded by the | ||||||
| 9 | Mississippi
River, the entire purse allocation for | ||||||
| 10 | Illinois races shall
be to purses at the track | ||||||
| 11 | where the race meeting being wagered on is being
| ||||||
| 12 | held.
| ||||||
| 13 | (12) The Board shall have all powers necessary and | ||||||
| 14 | proper to fully
supervise and control the conduct of
| ||||||
| 15 | inter-track wagering and simulcast
wagering by inter-track | ||||||
| 16 | wagering licensees and inter-track wagering location
| ||||||
| 17 | licensees, including, but not
limited to the following:
| ||||||
| 18 | (A) The Board is vested with power to promulgate | ||||||
| 19 | reasonable rules and
regulations for the purpose of | ||||||
| 20 | administering the
conduct of this
wagering and to | ||||||
| 21 | prescribe reasonable rules, regulations and conditions | ||||||
| 22 | under
which such wagering shall be held and conducted. | ||||||
| 23 | Such rules and regulations
are to provide for the | ||||||
| 24 | prevention of practices detrimental to the public
| ||||||
| 25 | interest and for
the best interests of said wagering | ||||||
| 26 | and to impose penalties
for violations thereof.
| ||||||
| |||||||
| |||||||
| 1 | (B) The Board, and any person or persons to whom it | ||||||
| 2 | delegates this
power, is vested with the power to enter | ||||||
| 3 | the
facilities of any licensee to determine whether | ||||||
| 4 | there has been
compliance with the provisions of this | ||||||
| 5 | Act and the rules and regulations
relating to the | ||||||
| 6 | conduct of such wagering.
| ||||||
| 7 | (C) The Board, and any person or persons to whom it | ||||||
| 8 | delegates this
power, may eject or exclude from any | ||||||
| 9 | licensee's facilities, any person whose
conduct or | ||||||
| 10 | reputation
is such that his presence on such premises | ||||||
| 11 | may, in the opinion of the Board,
call into the | ||||||
| 12 | question the honesty and integrity of, or interfere | ||||||
| 13 | with the
orderly conduct of such wagering; provided, | ||||||
| 14 | however, that no person shall
be excluded or ejected | ||||||
| 15 | from such premises solely on the grounds of race,
| ||||||
| 16 | color, creed, national origin, ancestry, or sex.
| ||||||
| 17 | (D) (Blank).
| ||||||
| 18 | (E) The Board is vested with the power to appoint | ||||||
| 19 | delegates to execute
any of the powers granted to it | ||||||
| 20 | under this Section for the purpose of
administering | ||||||
| 21 | this wagering and any
rules and
regulations
| ||||||
| 22 | promulgated in accordance with this Act.
| ||||||
| 23 | (F) The Board shall name and appoint a State | ||||||
| 24 | director of this wagering
who shall be a representative | ||||||
| 25 | of the Board and whose
duty it shall
be to supervise | ||||||
| 26 | the conduct of inter-track wagering as may be provided | ||||||
| |||||||
| |||||||
| 1 | for
by the rules and regulations of the Board; such | ||||||
| 2 | rules and regulation shall
specify the method of | ||||||
| 3 | appointment and the Director's powers, authority and
| ||||||
| 4 | duties.
| ||||||
| 5 | (G) The Board is vested with the power to impose | ||||||
| 6 | civil penalties of up
to $5,000 against individuals and | ||||||
| 7 | up to $10,000 against
licensees for each violation of | ||||||
| 8 | any provision of
this Act relating to the conduct of | ||||||
| 9 | this wagering, any
rules adopted
by the Board, any | ||||||
| 10 | order of the Board or any other action which in the | ||||||
| 11 | Board's
discretion, is a detriment or impediment to | ||||||
| 12 | such wagering.
| ||||||
| 13 | (13) The Department of Agriculture may enter into | ||||||
| 14 | agreements with
licensees authorizing such licensees to | ||||||
| 15 | conduct inter-track
wagering on races to be held at the | ||||||
| 16 | licensed race meetings conducted by the
Department of | ||||||
| 17 | Agriculture. Such
agreement shall specify the races of the | ||||||
| 18 | Department of Agriculture's
licensed race meeting upon | ||||||
| 19 | which the licensees will conduct wagering. In the
event | ||||||
| 20 | that a licensee
conducts inter-track pari-mutuel wagering | ||||||
| 21 | on races from the Illinois State Fair
or DuQuoin State Fair | ||||||
| 22 | which are in addition to the licensee's previously
approved | ||||||
| 23 | racing program, those races shall be considered a separate | ||||||
| 24 | racing day
for the
purpose of determining the daily handle | ||||||
| 25 | and computing the privilege or
pari-mutuel tax on
that | ||||||
| 26 | daily handle as provided in Sections 27
and 27.1. Such
| ||||||
| |||||||
| |||||||
| 1 | agreements shall be approved by the Board before such | ||||||
| 2 | wagering may be
conducted. In determining whether to grant | ||||||
| 3 | approval, the Board shall give
due consideration to the | ||||||
| 4 | best interests of the public and of horse racing.
The | ||||||
| 5 | provisions of paragraphs (1), (8), (8.1), and (8.2) of
| ||||||
| 6 | subsection (h) of this
Section which are not specified in | ||||||
| 7 | this paragraph (13) shall not apply to
licensed race | ||||||
| 8 | meetings conducted by the Department of Agriculture at the
| ||||||
| 9 | Illinois State Fair in Sangamon County or the DuQuoin State | ||||||
| 10 | Fair in Perry
County, or to any wagering conducted on
those | ||||||
| 11 | race meetings. | ||||||
| 12 | (14) An inter-track wagering location license | ||||||
| 13 | authorized by the Board in 2016 that is owned and operated | ||||||
| 14 | by a race track in Rock Island County shall be transferred | ||||||
| 15 | to a commonly owned race track in Cook County on August 12, | ||||||
| 16 | 2016 (the effective date of Public Act 99-757). The | ||||||
| 17 | licensee shall retain its status in relation to purse | ||||||
| 18 | distribution under paragraph (11) of this subsection (h) | ||||||
| 19 | following the transfer to the new entity. The pari-mutuel | ||||||
| 20 | tax credit under Section 32.1 shall not be applied toward | ||||||
| 21 | any pari-mutuel tax obligation of the inter-track wagering | ||||||
| 22 | location licensee of the license that is transferred under | ||||||
| 23 | this paragraph (14).
| ||||||
| 24 | (i) Notwithstanding the other provisions of this Act, the | ||||||
| 25 | conduct of
wagering at wagering facilities is authorized on all | ||||||
| 26 | days, except as limited by
subsection (b) of Section 19 of this | ||||||
| |||||||
| |||||||
| 1 | Act.
| ||||||
| 2 | (Source: P.A. 99-756, eff. 8-12-16; 99-757, eff. 8-12-16; | ||||||
| 3 | 100-201, eff. 8-18-17; 100-627, eff. 7-20-18; 100-1152, eff. | ||||||
| 4 | 12-14-18; revised 1-13-19.)
| ||||||
| 5 | Section 10. The Raffles and Poker Runs Act is amended by | ||||||
| 6 | changing Sections 1, 2, 3, 4, 5, 6, and 8.1 as follows:
| ||||||
| 7 | (230 ILCS 15/1) (from Ch. 85, par. 2301)
| ||||||
| 8 | Sec. 1. Definitions. For the purposes of this Act the terms | ||||||
| 9 | defined
in this Section have the meanings given them.
| ||||||
| 10 | "Key location" means: | ||||||
| 11 | (1) For a poker run, the location where the poker run | ||||||
| 12 | concludes and the prizes are awarded. | ||||||
| 13 | (2) For a raffle, the location where the winning | ||||||
| 14 | chances in the raffle are determined. | ||||||
| 15 | "Law enforcement agency" means an agency of this State or a | ||||||
| 16 | unit of local government in this State that is vested by law or | ||||||
| 17 | ordinance with the duty to maintain public order and to enforce | ||||||
| 18 | criminal laws or ordinances. | ||||||
| 19 | "Net proceeds" means the gross receipts from the conduct of | ||||||
| 20 | raffles, less
reasonable sums expended for prizes, local | ||||||
| 21 | license fees and other reasonable
operating expenses incurred | ||||||
| 22 | as a result of operating a raffle or poker run.
| ||||||
| 23 | "Key location" means the location where the poker run | ||||||
| 24 | concludes and the prize or prizes are awarded. | ||||||
| |||||||
| |||||||
| 1 | "Poker run" means a prize-awarding event organized by an | ||||||
| 2 | organization licensed under this Act in which participants | ||||||
| 3 | travel to multiple predetermined locations, including a key | ||||||
| 4 | location, to play a randomized game based on an element of | ||||||
| 5 | chance. "Poker run" includes dice runs, marble runs, or other | ||||||
| 6 | events where the objective is to build the best hand or highest | ||||||
| 7 | score by obtaining an item or playing a randomized game at each | ||||||
| 8 | location. | ||||||
| 9 | "Raffle" means a form of lottery, as defined in subsection | ||||||
| 10 | (b) of Section 28-2 28-2(b) of the
Criminal Code of 2012, | ||||||
| 11 | conducted by an organization licensed under this Act, in which:
| ||||||
| 12 | (1) the player pays or agrees to pay something of value | ||||||
| 13 | for a chance,
represented and differentiated by a number or | ||||||
| 14 | by a combination of numbers
or by some other medium, one or | ||||||
| 15 | more of which chances is to be designated
the winning | ||||||
| 16 | chance; and
| ||||||
| 17 | (2) the winning chance is to be determined through a | ||||||
| 18 | drawing or by some
other method based on an element of | ||||||
| 19 | chance by an act or set of acts on the
part of persons | ||||||
| 20 | conducting or connected with the lottery, except that the
| ||||||
| 21 | winning chance shall not be determined by the outcome of a | ||||||
| 22 | publicly exhibited
sporting contest.
| ||||||
| 23 | "Raffle" does not include any game designed to simulate: | ||||||
| 24 | (1) gambling games as defined in the Riverboat Gambling Act, | ||||||
| 25 | (2) any casino game approved for play by the Illinois Gaming | ||||||
| 26 | Board, (3) any games provided by a video gaming terminal, as | ||||||
| |||||||
| |||||||
| 1 | defined in the Video Gaming Act, or (4) a savings promotion | ||||||
| 2 | raffle authorized under Section 5g of the Illinois Banking Act, | ||||||
| 3 | Section 7008 of the Savings Bank Act, Section 42.7 of the | ||||||
| 4 | Illinois Credit Union Act, Section 5136B of the National Bank | ||||||
| 5 | Act (12 U.S.C. 25a), or Section 4 of the Home Owners' Loan Act | ||||||
| 6 | (12 U.S.C. 1463). | ||||||
| 7 | (Source: P.A. 98-644, eff. 6-10-14; 99-149, eff. 1-1-16; | ||||||
| 8 | 99-405, eff. 8-19-15; 99-642, eff. 7-28-16.)
| ||||||
| 9 | (230 ILCS 15/2) (from Ch. 85, par. 2302)
| ||||||
| 10 | Sec. 2. Licensing. | ||||||
| 11 | (a) The governing body of any county or municipality
within | ||||||
| 12 | this State may establish a system for the licensing of | ||||||
| 13 | organizations
to operate raffles. The governing bodies of a | ||||||
| 14 | county and one or more
municipalities may, pursuant to a | ||||||
| 15 | written contract, jointly establish a
system for the licensing | ||||||
| 16 | of organizations to operate raffles within any
area of | ||||||
| 17 | contiguous territory not contained within the corporate limits | ||||||
| 18 | of a
municipality which is not a party to such contract. The | ||||||
| 19 | governing bodies
of two or more adjacent counties or two or | ||||||
| 20 | more adjacent municipalities
located within a county may, | ||||||
| 21 | pursuant to a written contract, jointly
establish a system for | ||||||
| 22 | the licensing of organizations to operate raffles
within the | ||||||
| 23 | corporate limits of such counties or municipalities. The
| ||||||
| 24 | licensing authority may establish special categories of | ||||||
| 25 | licenses and
promulgate rules relating to the various | ||||||
| |||||||
| |||||||
| 1 | categories. The licensing system
shall provide for limitations | ||||||
| 2 | upon (1) the aggregate retail value of all
prizes or | ||||||
| 3 | merchandise awarded by a licensee in a single raffle, if any, | ||||||
| 4 | (2) the
maximum retail value of each prize awarded by a | ||||||
| 5 | licensee in a single raffle, if any,
(3) the maximum price | ||||||
| 6 | which may be charged for each raffle chance issued
or sold, if | ||||||
| 7 | any and (4) the maximum number of days during which chances may | ||||||
| 8 | be issued
or sold, if any. The licensing system may include a | ||||||
| 9 | fee for each license in an
amount to be determined by the local | ||||||
| 10 | governing body. Licenses issued pursuant
to this Act shall be | ||||||
| 11 | valid for one raffle or for a specified number of
raffles to be | ||||||
| 12 | conducted during a specified period not to exceed one year
and | ||||||
| 13 | may be suspended or revoked
for any violation of this Act. A | ||||||
| 14 | local governing body shall act on a license
application within | ||||||
| 15 | 30 days from the date of application. A Nothing in this
Act | ||||||
| 16 | shall be construed to prohibit a county or municipality may | ||||||
| 17 | adopt from adopting
rules or ordinances for the operation of | ||||||
| 18 | raffles that are consistent with this Act. Raffles shall be | ||||||
| 19 | licensed by the governing body of the municipality with | ||||||
| 20 | jurisdiction over the key location or, if no municipality has | ||||||
| 21 | jurisdiction over the key location, then by the governing body | ||||||
| 22 | of the county with jurisdiction over the key location. A | ||||||
| 23 | license shall authorize the holder of such license to sell | ||||||
| 24 | raffle chances throughout the State, including beyond the | ||||||
| 25 | borders of the licensing municipality or county. more | ||||||
| 26 | restrictive
than provided for in this Act. Except for raffles | ||||||
| |||||||
| |||||||
| 1 | organized by law enforcement agencies and statewide | ||||||
| 2 | associations that represent law enforcement officials as | ||||||
| 3 | provided in Section 9 of this Act, the governing body of a | ||||||
| 4 | municipality may
authorize the sale of raffle chances only | ||||||
| 5 | within the borders of the
municipality. Except for raffles | ||||||
| 6 | organized by law enforcement agencies and statewide | ||||||
| 7 | associations that represent law enforcement officials as | ||||||
| 8 | provided in Section 9, the governing body of the county may | ||||||
| 9 | authorize the sale of
raffle chances only in those areas which | ||||||
| 10 | are both within the borders of the
county and outside the | ||||||
| 11 | borders of any municipality.
| ||||||
| 12 | (a-5) The governing body of Cook County may and any other | ||||||
| 13 | county within this State shall establish a system for the | ||||||
| 14 | licensing of organizations to operate poker runs. The governing | ||||||
| 15 | bodies of 2 or more adjacent counties may, pursuant to a | ||||||
| 16 | written contract, jointly establish a system for the licensing | ||||||
| 17 | of organizations to operate poker runs within the corporate | ||||||
| 18 | limits of such counties. The licensing authority may establish | ||||||
| 19 | special categories of licenses and adopt rules relating to the | ||||||
| 20 | various categories. The licensing system may include a fee not | ||||||
| 21 | to exceed $25 for each license. Licenses issued pursuant to | ||||||
| 22 | this Act shall be valid for one poker run or for a specified | ||||||
| 23 | number of poker runs to be conducted during a specified period | ||||||
| 24 | not to exceed one year and may be suspended or revoked for any | ||||||
| 25 | violation of this Act. A local governing body shall act on a | ||||||
| 26 | license application within 30 days after the date of | ||||||
| |||||||
| |||||||
| 1 | application. | ||||||
| 2 | (b) Raffle licenses shall be issued only to bona fide | ||||||
| 3 | religious, charitable,
labor, business, fraternal, | ||||||
| 4 | educational, or veterans', or other bona fide not-for-profit | ||||||
| 5 | organizations that
operate without profit to their members and | ||||||
| 6 | which have been in existence
continuously for a period of 5 | ||||||
| 7 | years immediately before making application
for a raffle | ||||||
| 8 | license and which have had during that entire 5-year period | ||||||
| 9 | been a bona
fide membership engaged in carrying out their | ||||||
| 10 | objects, or to a non-profit
fundraising organization that the | ||||||
| 11 | licensing authority determines is
organized for the sole | ||||||
| 12 | purpose of providing financial assistance to an
identified | ||||||
| 13 | individual or group of individuals suffering extreme financial
| ||||||
| 14 | hardship as the result of an illness, disability, accident or | ||||||
| 15 | disaster, or to any as well as law enforcement agencies and | ||||||
| 16 | statewide associations that represent law enforcement | ||||||
| 17 | officials as provided for in Section 9 of this Act. Poker run | ||||||
| 18 | licenses shall be issued only to bona fide religious, | ||||||
| 19 | charitable, labor, business, fraternal, educational, | ||||||
| 20 | veterans', or other bona fide not-for-profit organizations | ||||||
| 21 | that operate without profit to their members and which have | ||||||
| 22 | been in existence continuously for a period of 5 years | ||||||
| 23 | immediately before making application for a poker run license | ||||||
| 24 | and which have had during that entire 5-year period been a bona | ||||||
| 25 | fide membership engaged in carrying out their objects. Licenses | ||||||
| 26 | for poker runs shall be issued for the following purposes: (i) | ||||||
| |||||||
| |||||||
| 1 | providing financial assistance to an identified individual or | ||||||
| 2 | group of individuals suffering extreme financial hardship as | ||||||
| 3 | the result of an illness, disability, accident, or disaster or | ||||||
| 4 | (ii) to maintain the financial stability of the organization. A | ||||||
| 5 | licensing authority may waive the 5-year requirement under this | ||||||
| 6 | subsection (b) for a bona fide religious, charitable, labor, | ||||||
| 7 | business, fraternal, educational, or veterans' organization | ||||||
| 8 | that applies for a license to conduct a raffle or a poker run | ||||||
| 9 | if the organization is a local organization that is affiliated | ||||||
| 10 | with and chartered by a national or State organization that | ||||||
| 11 | meets the 5-year requirement.
| ||||||
| 12 | For purposes of this Act, the following definitions apply. | ||||||
| 13 | Non-profit:
An organization or institution organized and | ||||||
| 14 | conducted on a not-for-profit
basis with no personal profit | ||||||
| 15 | inuring to any one as a result of the operation.
Charitable: An | ||||||
| 16 | organization or institution organized and operated to benefit
| ||||||
| 17 | an indefinite number of the public. The service rendered to | ||||||
| 18 | those eligible
for benefits must also confer some benefit on | ||||||
| 19 | the public. Educational:
An organization or institution | ||||||
| 20 | organized and operated to provide systematic
instruction in | ||||||
| 21 | useful branches of learning by methods common to schools
and | ||||||
| 22 | institutions of learning which compare favorably in their scope | ||||||
| 23 | and
intensity with the course of study presented in | ||||||
| 24 | tax-supported schools.
Religious: Any church, congregation, | ||||||
| 25 | society, or organization founded for
the purpose of religious | ||||||
| 26 | worship. Fraternal: An organization of persons
having a common | ||||||
| |||||||
| |||||||
| 1 | interest, the primary interest of which is to both promote
the | ||||||
| 2 | welfare of its members and to provide assistance to the general | ||||||
| 3 | public
in such a way as to lessen the burdens of government by | ||||||
| 4 | caring for those
that otherwise would be cared for by the | ||||||
| 5 | government. Veterans: An organization
or association comprised | ||||||
| 6 | of members of which substantially all are individuals
who are | ||||||
| 7 | veterans or spouses, widows, or widowers of veterans, the | ||||||
| 8 | primary
purpose of which is to promote the welfare of its | ||||||
| 9 | members and to provide
assistance to the general public in such | ||||||
| 10 | a way as to confer a public benefit.
Labor: An organization | ||||||
| 11 | composed of workers organized with the objective
of betterment | ||||||
| 12 | of the conditions of those engaged in such pursuit and the
| ||||||
| 13 | development of a higher degree of efficiency in their | ||||||
| 14 | respective occupations.
Business: A voluntary organization | ||||||
| 15 | composed of individuals and businesses
who have joined together | ||||||
| 16 | to advance the commercial, financial, industrial
and civic | ||||||
| 17 | interests of a community.
| ||||||
| 18 | (c) Poker runs shall be licensed by the county with | ||||||
| 19 | jurisdiction over the key location. The license granted by the | ||||||
| 20 | key location shall cover the entire poker run, including | ||||||
| 21 | locations other than the key location. Each license issued | ||||||
| 22 | shall include the name and address of each predetermined | ||||||
| 23 | location. | ||||||
| 24 | (Source: P.A. 99-405, eff. 8-19-15; 99-757, eff. 8-12-16; | ||||||
| 25 | 100-201, eff. 8-18-17.)
| ||||||
| |||||||
| |||||||
| 1 | (230 ILCS 15/3) (from Ch. 85, par. 2303)
| ||||||
| 2 | Sec. 3. License; application; issuance; restrictions; | ||||||
| 3 | persons ineligible - Application - Issuance - Restrictions - | ||||||
| 4 | Persons
ineligible. Licenses issued by the governing body of | ||||||
| 5 | any county or municipality are
subject to the following | ||||||
| 6 | restrictions:
| ||||||
| 7 | (1) No person, firm or corporation shall conduct | ||||||
| 8 | raffles or chances or poker runs without
having first | ||||||
| 9 | obtained a license therefor pursuant to this Act.
| ||||||
| 10 | (2) The license and application for license must | ||||||
| 11 | specify the location or locations at area or areas
within | ||||||
| 12 | the licensing authority in which winning raffle chances in | ||||||
| 13 | the raffle will be determined sold or issued or a poker run | ||||||
| 14 | will be conducted,
the time period during which raffle | ||||||
| 15 | chances will be sold or issued or a poker run will be | ||||||
| 16 | conducted, the
time or times of determination of winning | ||||||
| 17 | chances and the location or locations at
which winning | ||||||
| 18 | chances will be determined.
| ||||||
| 19 | (3) The license application must contain a sworn | ||||||
| 20 | statement attesting to
the not-for-profit character of the | ||||||
| 21 | prospective licensee organization, signed
by the presiding | ||||||
| 22 | officer and the secretary of that organization.
| ||||||
| 23 | (4) The application for license shall be prepared in | ||||||
| 24 | accordance with the
ordinance of the local governmental | ||||||
| 25 | unit.
| ||||||
| 26 | (5) A license authorizes the licensee to conduct | ||||||
| |||||||
| |||||||
| 1 | raffles or poker runs as defined in
this Act.
| ||||||
| 2 | The following are ineligible for any license under this | ||||||
| 3 | Act:
| ||||||
| 4 | (a) any person whose felony conviction will impair the | ||||||
| 5 | person's ability to engage in the licensed position;
| ||||||
| 6 | (b) any person who is or has been a professional | ||||||
| 7 | gambler or professional gambling promoter;
| ||||||
| 8 | (c) any person who is not of good moral character;
| ||||||
| 9 | (d) any organization firm or corporation in which a | ||||||
| 10 | person defined in (a), (b) or (c)
has a proprietary, | ||||||
| 11 | equitable or credit interest, or in which such a person
is | ||||||
| 12 | active or employed;
| ||||||
| 13 | (e) any organization in which a person defined in (a), | ||||||
| 14 | (b) or (c) is an
officer, director, or employee, whether | ||||||
| 15 | compensated or not; and
| ||||||
| 16 | (f) any organization in which a person defined in (a), | ||||||
| 17 | (b) or (c) is to
participate in the management or operation | ||||||
| 18 | of a raffle as defined in this Act.
| ||||||
| 19 | (Source: P.A. 100-286, eff. 1-1-18.)
| ||||||
| 20 | (230 ILCS 15/4) (from Ch. 85, par. 2304)
| ||||||
| 21 | Sec. 4. Conduct of raffles and poker runs.
| ||||||
| 22 | (a) The conducting of raffles and poker runs is subject to | ||||||
| 23 | the following restrictions:
| ||||||
| 24 | (1) The entire net proceeds of any raffle or poker run | ||||||
| 25 | must be exclusively devoted
to the lawful purposes of the | ||||||
| |||||||
| |||||||
| 1 | organization permitted to conduct that game.
| ||||||
| 2 | (2) No person except a bona fide director, officer, | ||||||
| 3 | employee, or member of the sponsoring organization
may | ||||||
| 4 | manage or participate in the management or operation of the | ||||||
| 5 | raffle or poker run. (3) No person may receive any | ||||||
| 6 | remuneration or profit for managing or participating
in the | ||||||
| 7 | management or operation of the raffle or poker run. | ||||||
| 8 | Sponsoring organizations may contract with third parties | ||||||
| 9 | who, acting at the direction of and under the supervision | ||||||
| 10 | of the sponsoring organization, provide bona fide services | ||||||
| 11 | to the sponsoring organization in connection with the | ||||||
| 12 | operation of a raffle and may pay reasonable compensation | ||||||
| 13 | for such services. Such services include the following: (a) | ||||||
| 14 | advertising, marketing and promotion, (b) legal, (c) | ||||||
| 15 | procurement of goods, prizes, wares and merchandise for the | ||||||
| 16 | purpose of operating the raffle, (d) rent, if the premises | ||||||
| 17 | upon which the raffle will be held is rented, (e) | ||||||
| 18 | accounting, auditing and bookkeeping, (f) website hosting, | ||||||
| 19 | (g) mailing and delivery, (h) banking and payment | ||||||
| 20 | processing, and (i) other services relating to the | ||||||
| 21 | operation of the raffle.
| ||||||
| 22 | (3) (4) A licensee may rent a premises on which to | ||||||
| 23 | determine the winning
chance or chances in a raffle | ||||||
| 24 | provided that the rent is not determined as a percentage of | ||||||
| 25 | receipts or profits from the raffle. only from an | ||||||
| 26 | organization which is also licensed
under this Act. A | ||||||
| |||||||
| |||||||
| 1 | premises where a poker run is held is not required to | ||||||
| 2 | obtain a license if the name and location of the premises | ||||||
| 3 | is listed as a predetermined location on the license issued | ||||||
| 4 | for the poker run and the premises does not charge for use | ||||||
| 5 | of the premises.
| ||||||
| 6 | (4) (5) Raffle chances may be sold throughout the | ||||||
| 7 | State, including beyond the borders of the licensing | ||||||
| 8 | municipality or county. or issued only within the area | ||||||
| 9 | specified
on the license and winning Winning chances may be | ||||||
| 10 | determined only at those locations
specified on the license | ||||||
| 11 | for a raffle.
| ||||||
| 12 | (5) (6) A person under the age of 18 years may | ||||||
| 13 | participate in the conducting
of raffles or chances or | ||||||
| 14 | poker runs only with the permission of a parent or | ||||||
| 15 | guardian.
A person under the age of 18 years may be within | ||||||
| 16 | the area where winning chances in a raffle or winning hands | ||||||
| 17 | or scores in a poker run
are being determined only when | ||||||
| 18 | accompanied by his parent or guardian.
| ||||||
| 19 | (b) If a lessor rents a premises where a winning chance or | ||||||
| 20 | chances on a
raffle or a winning hand or score in a poker run is | ||||||
| 21 | determined, the lessor shall not be criminally liable if the
| ||||||
| 22 | person who uses the premises for the determining of winning | ||||||
| 23 | chances does not
hold a license issued by the governing body of | ||||||
| 24 | any county or municipality
under the provisions of this Act.
| ||||||
| 25 | (Source: P.A. 98-644, eff. 6-10-14.)
| ||||||
| |||||||
| |||||||
| 1 | (230 ILCS 15/5) (from Ch. 85, par. 2305)
| ||||||
| 2 | Sec. 5. Manager; bond. All management, operation, of and | ||||||
| 3 | the conduct
of raffles shall be under the supervision of a | ||||||
| 4 | single manager
designated by the organization. The manager | ||||||
| 5 | shall give a fidelity bond in an
amount determined by the | ||||||
| 6 | licensing authority in favor of the
organization conditioned | ||||||
| 7 | upon his honesty in the performance of his duties.
Terms of the | ||||||
| 8 | bond shall provide that notice shall be given in writing to the
| ||||||
| 9 | licensing authority not less than 30 days prior to its | ||||||
| 10 | cancellation. The
governing body of a local unit of government | ||||||
| 11 | may waive this bond requirement by
including a waiver provision | ||||||
| 12 | in the license issued to an organization under
this Act, | ||||||
| 13 | provided that a license containing such waiver provision shall | ||||||
| 14 | be
granted only by the affirmative unanimous vote of the | ||||||
| 15 | requisite number of members of the licensed organization or, if | ||||||
| 16 | the licensed organization does not have members, of members of | ||||||
| 17 | the governing board of the organization, to constitute an | ||||||
| 18 | affirmative action of the licensed organization. Nothing in | ||||||
| 19 | this Section shall be deemed to apply to poker runs.
| ||||||
| 20 | (Source: P.A. 98-644, eff. 6-10-14; 99-405, eff. 8-19-15.)
| ||||||
| 21 | (230 ILCS 15/6) (from Ch. 85, par. 2306)
| ||||||
| 22 | Sec. 6. Records. | ||||||
| 23 | (a) Each organization licensed to conduct raffles and
| ||||||
| 24 | chances or poker run events shall keep records of its gross | ||||||
| 25 | receipts, expenses and net proceeds
for each single gathering | ||||||
| |||||||
| |||||||
| 1 | or occasion at which winning chances in a raffle or winning | ||||||
| 2 | hands or scores in a poker run are determined.
All deductions | ||||||
| 3 | from gross receipts for each single gathering or occasion
shall | ||||||
| 4 | be documented with receipts or other records indicating the | ||||||
| 5 | amount,
a description of the purchased item or service or other | ||||||
| 6 | reason for the deduction,
and the recipient. The distribution | ||||||
| 7 | of net proceeds shall be itemized as
to payee, purpose, amount | ||||||
| 8 | and date of payment.
| ||||||
| 9 | (b) Gross receipts from the operation of raffles programs | ||||||
| 10 | or poker runs shall be segregated
from other revenues of the | ||||||
| 11 | organization, including bingo gross receipts,
if bingo games | ||||||
| 12 | are also conducted by the same nonprofit organization pursuant
| ||||||
| 13 | to license therefor issued by the Department of Revenue of the | ||||||
| 14 | State of
Illinois, and placed in a separate account. Each | ||||||
| 15 | organization shall have
separate records of its raffles and | ||||||
| 16 | poker runs. The person who accounts for gross receipts,
| ||||||
| 17 | expenses and net proceeds from the operation of raffles or | ||||||
| 18 | poker runs shall not be the
same person who accounts for other | ||||||
| 19 | revenues of the organization.
| ||||||
| 20 | (c) Each organization licensed to conduct raffles or poker | ||||||
| 21 | runs shall report promptly
after the conclusion of each raffle | ||||||
| 22 | or poker run runs
to its membership or, if the organization | ||||||
| 23 | does not have members, to its governing board. Each | ||||||
| 24 | organization licensed to conduct raffles shall report promptly | ||||||
| 25 | to the licensing local unit of government its gross
receipts, | ||||||
| 26 | expenses and net proceeds from the raffle, and the distribution | ||||||
| |||||||
| |||||||
| 1 | of
net proceeds itemized as required in this Section.
| ||||||
| 2 | (d) Records required by this Section shall be preserved for | ||||||
| 3 | 3 years, and
organizations shall make available their records | ||||||
| 4 | relating to operation of
raffles or poker runs for public | ||||||
| 5 | inspection at reasonable times and places.
| ||||||
| 6 | (Source: P.A. 98-644, eff. 6-10-14; 99-405, eff. 8-19-15.)
| ||||||
| 7 | (230 ILCS 15/8.1) (from Ch. 85, par. 2308.1)
| ||||||
| 8 | Sec. 8.1. Political committees. | ||||||
| 9 | (a) For the purposes of this Section
the terms defined in | ||||||
| 10 | this subsection have the meanings given them.
| ||||||
| 11 | "Net Proceeds" means the gross receipts from the conduct of | ||||||
| 12 | raffles, less
reasonable sums expended for prizes, license fees | ||||||
| 13 | and other reasonable
operating expenses incurred as a result of | ||||||
| 14 | operating a raffle.
| ||||||
| 15 | "Raffle" means a form of lottery, as defined in Section | ||||||
| 16 | 28-2 (b) of the
Criminal Code of 2012, conducted by a political | ||||||
| 17 | committee licensed under
this Section, in which:
| ||||||
| 18 | (1) the player pays or agrees to pay something of value | ||||||
| 19 | for a chance,
represented and differentiated by a number or | ||||||
| 20 | by a combination of numbers
or by some other medium, one or | ||||||
| 21 | more of which chances is to be designated
the winning | ||||||
| 22 | chance; and
| ||||||
| 23 | (2) the winning chance is to be determined through a | ||||||
| 24 | drawing or by some
other method based on an element of | ||||||
| 25 | chance by an act or set of acts on the
part of persons | ||||||
| |||||||
| |||||||
| 1 | conducting or connected with the lottery, except that the
| ||||||
| 2 | winning chance shall not be determined by the outcome of a | ||||||
| 3 | publicly exhibited
sporting contest.
| ||||||
| 4 | "Unresolved claim" means a claim for civil penalty under | ||||||
| 5 | Sections
9-3, 9-10, and 9-23
of The Election Code which has | ||||||
| 6 | been begun by the State Board of Elections,
has been disputed | ||||||
| 7 | by the political committee under the applicable rules of
the | ||||||
| 8 | State Board of Elections, and has not been finally decided | ||||||
| 9 | either by
the State Board of Elections, or, where application | ||||||
| 10 | for review has been
made to the Courts of Illinois, remains | ||||||
| 11 | finally undecided by the Courts.
| ||||||
| 12 | "Owes" means that a political committee has been finally | ||||||
| 13 | determined under
applicable rules of the State Board of | ||||||
| 14 | Elections to be liable for a civil
penalty under Sections
9-3, | ||||||
| 15 | 9-10, and 9-23 of The Election
Code.
| ||||||
| 16 | (b) Licenses issued pursuant to this Section shall be valid | ||||||
| 17 | for one
raffle or for a specified number of raffles to be | ||||||
| 18 | conducted during a
specified period not to exceed one year and | ||||||
| 19 | may be suspended or revoked for
any violation of this Section. | ||||||
| 20 | The State Board of Elections shall act on a
license application | ||||||
| 21 | within 30 days from the date of application.
| ||||||
| 22 | (c) Licenses issued by the State Board of Elections are
| ||||||
| 23 | subject to the following restrictions:
| ||||||
| 24 | (1) No political committee shall conduct raffles or | ||||||
| 25 | chances without
having first obtained a license therefor | ||||||
| 26 | pursuant to this Section.
| ||||||
| |||||||
| |||||||
| 1 | (2) The application for license shall be prepared in | ||||||
| 2 | accordance with
regulations of the State Board of Elections
| ||||||
| 3 | and must specify the area or
areas within the State in | ||||||
| 4 | which raffle chances will be sold or issued, the
time | ||||||
| 5 | period during which raffle chances will be sold or issued, | ||||||
| 6 | the time of
determination of winning chances and the | ||||||
| 7 | location or locations at which
winning chances will be | ||||||
| 8 | determined.
| ||||||
| 9 | (3) A license authorizes the licensee to conduct | ||||||
| 10 | raffles as defined in
this Section.
| ||||||
| 11 | The following are ineligible for any license under this | ||||||
| 12 | Section:
| ||||||
| 13 | (i) any political committee which has an officer | ||||||
| 14 | who has been
convicted of a felony;
| ||||||
| 15 | (ii) any political committee which has an officer | ||||||
| 16 | who is or has been a
professional gambler or gambling | ||||||
| 17 | promoter;
| ||||||
| 18 | (iii) any political committee which has an officer | ||||||
| 19 | who is not of good
moral character;
| ||||||
| 20 | (iv) any political committee which has an officer | ||||||
| 21 | who is also an officer
of a firm or corporation in | ||||||
| 22 | which a person defined in (i), (ii) or (iii)
has a | ||||||
| 23 | proprietary, equitable or credit interest, or in which | ||||||
| 24 | such a person
is active or employed;
| ||||||
| 25 | (v) any political committee in which a person | ||||||
| 26 | defined in (i), (ii) or
(iii) is an officer, director, | ||||||
| |||||||
| |||||||
| 1 | or employee, whether compensated or not;
| ||||||
| 2 | (vi) any political committee in which a person | ||||||
| 3 | defined in (i), (ii) or
(iii) is to participate in the | ||||||
| 4 | management or operation of a raffle as
defined in this | ||||||
| 5 | Section;
| ||||||
| 6 | (vii) any committee which, at the time of its | ||||||
| 7 | application for a
license to conduct a raffle, owes the | ||||||
| 8 | State Board of Elections any unpaid
civil penalty | ||||||
| 9 | authorized by Sections
9-3, 9-10, and 9-23 of
The | ||||||
| 10 | Election Code, or is the
subject of an unresolved claim | ||||||
| 11 | for a civil penalty under Sections
9-3, 9-10, and 9-23 | ||||||
| 12 | of
The Election Code;
| ||||||
| 13 | (viii) any political committee which, at the time | ||||||
| 14 | of its application
to conduct a raffle, has not | ||||||
| 15 | submitted any report or document required to
be filed | ||||||
| 16 | by Article 9 of The Election Code and such report or | ||||||
| 17 | document is
more than 10 days overdue.
| ||||||
| 18 | (d) (1) The conducting of raffles is subject
to the | ||||||
| 19 | following restrictions:
| ||||||
| 20 | (i) The entire net proceeds of any raffle must be | ||||||
| 21 | exclusively devoted
to the lawful purposes of the | ||||||
| 22 | political committee permitted to conduct that
game.
| ||||||
| 23 | (ii) No person except a bona fide member of the | ||||||
| 24 | political committee
may participate in the management | ||||||
| 25 | or operation of the raffle.
| ||||||
| 26 | (iii) No person may receive any remuneration or | ||||||
| |||||||
| |||||||
| 1 | profit for participating
in the management or | ||||||
| 2 | operation of the raffle.
| ||||||
| 3 | (iv) Raffle chances may be sold or issued only | ||||||
| 4 | within the area specified
on the license and winning | ||||||
| 5 | chances may be determined only at those locations
| ||||||
| 6 | specified on the license.
| ||||||
| 7 | (v) A person under the age of 18 years may | ||||||
| 8 | participate in the conducting
of raffles or chances | ||||||
| 9 | only with the permission of a parent or guardian.
A | ||||||
| 10 | person under the age of 18 years may be within
the area | ||||||
| 11 | where winning chances are being determined only when | ||||||
| 12 | accompanied
by his parent or guardian.
| ||||||
| 13 | (2) If a lessor rents a premises where a winning chance | ||||||
| 14 | or chances on a
raffle are determined, the lessor shall not | ||||||
| 15 | be criminally liable if the
person who uses the premises | ||||||
| 16 | for the determining of winning chances does not
hold a | ||||||
| 17 | license issued under the provisions
of this Section.
| ||||||
| 18 | (e) (1) Each political committee licensed to conduct | ||||||
| 19 | raffles and
chances shall keep records of its gross | ||||||
| 20 | receipts, expenses and net proceeds
for each single | ||||||
| 21 | gathering or occasion at which winning chances are | ||||||
| 22 | determined.
All deductions from gross receipts for each | ||||||
| 23 | single gathering or occasion
shall be documented with | ||||||
| 24 | receipts or other records indicating the amount,
a | ||||||
| 25 | description of the purchased item or service or other | ||||||
| 26 | reason for the
deduction, and the recipient. The | ||||||
| |||||||
| |||||||
| 1 | distribution of net proceeds shall be
itemized as to payee, | ||||||
| 2 | purpose, amount and date of payment.
| ||||||
| 3 | (2) Each political committee licensed to conduct | ||||||
| 4 | raffles shall report
on the next report due to be filed | ||||||
| 5 | under Article 9 of The Election Code
its gross receipts, | ||||||
| 6 | expenses and net proceeds
from raffles, and the | ||||||
| 7 | distribution of net proceeds itemized as required in
this | ||||||
| 8 | subsection.
| ||||||
| 9 | Such reports shall be included in the regular reports | ||||||
| 10 | required of
political committees by Article 9 of The Election | ||||||
| 11 | Code.
| ||||||
| 12 | (3) Records required by this subsection shall be | ||||||
| 13 | preserved for 3 years,
and political committees shall make | ||||||
| 14 | available their records relating to
operation of raffles | ||||||
| 15 | for public inspection at reasonable times and places.
| ||||||
| 16 | (f) Violation of any provision of this Section is a Class
C | ||||||
| 17 | misdemeanor.
| ||||||
| 18 | (g) Nothing in this Section shall be construed to authorize | ||||||
| 19 | the conducting
or operating of any gambling scheme, enterprise, | ||||||
| 20 | activity or device other
than raffles as provided for herein.
| ||||||
| 21 | (Source: P.A. 97-1150, eff. 1-25-13; 98-756, eff. 7-16-14.)
| ||||||
| 22 | (230 ILCS 15/9 rep.) | ||||||
| 23 | Section 15. The Raffles and Poker Runs Act is amended by | ||||||
| 24 | repealing Section 9.
| ||||||
| |||||||
| |||||||
| 1 | Section 20. The Criminal Code of 2012 is amended by | ||||||
| 2 | changing Section 28-1 as follows:
| ||||||
| 3 | (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
| ||||||
| 4 | Sec. 28-1. Gambling.
| ||||||
| 5 | (a) A person commits gambling when he or she:
| ||||||
| 6 | (1) knowingly plays a game of chance or skill for money | ||||||
| 7 | or other thing of
value, unless excepted in subsection (b) | ||||||
| 8 | of this Section;
| ||||||
| 9 | (2) knowingly makes a wager upon the result of any | ||||||
| 10 | game, contest, or any
political nomination, appointment or | ||||||
| 11 | election;
| ||||||
| 12 | (3) knowingly operates, keeps, owns, uses, purchases, | ||||||
| 13 | exhibits, rents, sells,
bargains for the sale or lease of, | ||||||
| 14 | manufactures or distributes any
gambling device;
| ||||||
| 15 | (4) contracts to have or give himself or herself or | ||||||
| 16 | another the option to buy
or sell, or contracts to buy or | ||||||
| 17 | sell, at a future time, any grain or
other commodity | ||||||
| 18 | whatsoever, or any stock or security of any company,
where | ||||||
| 19 | it is at the time of making such contract intended by both | ||||||
| 20 | parties
thereto that the contract to buy or sell, or the | ||||||
| 21 | option, whenever
exercised, or the contract resulting | ||||||
| 22 | therefrom, shall be settled, not by
the receipt or delivery | ||||||
| 23 | of such property, but by the payment only of
differences in | ||||||
| 24 | prices thereof; however, the issuance, purchase, sale,
| ||||||
| 25 | exercise, endorsement or guarantee, by or through a person | ||||||
| |||||||
| |||||||
| 1 | registered
with the Secretary of State pursuant to Section | ||||||
| 2 | 8 of the Illinois
Securities Law of 1953, or by or through | ||||||
| 3 | a person exempt from such
registration under said Section | ||||||
| 4 | 8, of a put, call, or other option to
buy or sell | ||||||
| 5 | securities which have been registered with the Secretary of
| ||||||
| 6 | State or which are exempt from such registration under | ||||||
| 7 | Section 3 of the
Illinois Securities Law of 1953 is not | ||||||
| 8 | gambling within the meaning of
this paragraph (4);
| ||||||
| 9 | (5) knowingly owns or possesses any book, instrument or | ||||||
| 10 | apparatus by
means of which bets or wagers have been, or | ||||||
| 11 | are, recorded or registered,
or knowingly possesses any | ||||||
| 12 | money which he has received in the course of
a bet or | ||||||
| 13 | wager;
| ||||||
| 14 | (6) knowingly sells pools upon the result of any game | ||||||
| 15 | or contest of skill or
chance, political nomination, | ||||||
| 16 | appointment or election;
| ||||||
| 17 | (7) knowingly sets up or promotes any lottery or sells, | ||||||
| 18 | offers to sell or
transfers any ticket or share for any | ||||||
| 19 | lottery;
| ||||||
| 20 | (8) knowingly sets up or promotes any policy game or | ||||||
| 21 | sells, offers to sell or
knowingly possesses or transfers | ||||||
| 22 | any policy ticket, slip, record,
document or other similar | ||||||
| 23 | device;
| ||||||
| 24 | (9) knowingly drafts, prints or publishes any lottery | ||||||
| 25 | ticket or share,
or any policy ticket, slip, record, | ||||||
| 26 | document or similar device, except for
such activity | ||||||
| |||||||
| |||||||
| 1 | related to lotteries, bingo games and raffles authorized by
| ||||||
| 2 | and conducted in accordance with the laws of Illinois or | ||||||
| 3 | any other state or
foreign government;
| ||||||
| 4 | (10) knowingly advertises any lottery or policy game, | ||||||
| 5 | except for such
activity related to lotteries, bingo games | ||||||
| 6 | and raffles authorized by and
conducted in accordance with | ||||||
| 7 | the laws of Illinois or any other state;
| ||||||
| 8 | (11) knowingly transmits information as to wagers, | ||||||
| 9 | betting odds, or
changes in betting odds by telephone, | ||||||
| 10 | telegraph, radio, semaphore or
similar means; or knowingly | ||||||
| 11 | installs or maintains equipment for the
transmission or | ||||||
| 12 | receipt of such information; except that nothing in this
| ||||||
| 13 | subdivision (11) prohibits transmission or receipt of such | ||||||
| 14 | information
for use in news reporting of sporting events or | ||||||
| 15 | contests; or
| ||||||
| 16 | (12) knowingly establishes, maintains, or operates an | ||||||
| 17 | Internet site that
permits a person to play a game of
| ||||||
| 18 | chance or skill for money or other thing of value by means | ||||||
| 19 | of the Internet or
to make a wager upon the
result of any | ||||||
| 20 | game, contest, political nomination, appointment, or
| ||||||
| 21 | election by means of the Internet. This item (12) does not | ||||||
| 22 | apply to activities referenced in items (6), and (6.1), | ||||||
| 23 | (8), and (8.1) of subsection (b) of this Section.
| ||||||
| 24 | (b) Participants in any of the following activities shall | ||||||
| 25 | not be
convicted of gambling:
| ||||||
| 26 | (1) Agreements to compensate for loss caused by the | ||||||
| |||||||
| |||||||
| 1 | happening of
chance including without limitation contracts | ||||||
| 2 | of indemnity or guaranty
and life or health or accident | ||||||
| 3 | insurance.
| ||||||
| 4 | (2) Offers of prizes, award or compensation to the | ||||||
| 5 | actual
contestants in any bona fide contest for the | ||||||
| 6 | determination of skill,
speed, strength or endurance or to | ||||||
| 7 | the owners of animals or vehicles
entered in such contest.
| ||||||
| 8 | (3) Pari-mutuel betting as authorized by the law of | ||||||
| 9 | this State.
| ||||||
| 10 | (4) Manufacture of gambling devices, including the | ||||||
| 11 | acquisition of
essential parts therefor and the assembly | ||||||
| 12 | thereof, for transportation in
interstate or foreign | ||||||
| 13 | commerce to any place outside this State when such
| ||||||
| 14 | transportation is not prohibited by any applicable Federal | ||||||
| 15 | law; or the
manufacture, distribution, or possession of | ||||||
| 16 | video gaming terminals, as
defined in the Video Gaming Act, | ||||||
| 17 | by manufacturers, distributors, and
terminal operators | ||||||
| 18 | licensed to do so under the Video Gaming Act.
| ||||||
| 19 | (5) The game commonly known as "bingo", when conducted | ||||||
| 20 | in accordance
with the Bingo License and Tax Act.
| ||||||
| 21 | (6) Lotteries when conducted by the State of Illinois | ||||||
| 22 | in accordance
with the Illinois Lottery Law. This exemption | ||||||
| 23 | includes any activity conducted by the Department of | ||||||
| 24 | Revenue to sell lottery tickets pursuant to the provisions | ||||||
| 25 | of the Illinois Lottery Law and its rules.
| ||||||
| 26 | (6.1) The purchase of lottery tickets through the | ||||||
| |||||||
| |||||||
| 1 | Internet for a lottery conducted by the State of Illinois | ||||||
| 2 | under the program established in Section 7.12 of the | ||||||
| 3 | Illinois Lottery Law.
| ||||||
| 4 | (7) Possession of an antique slot machine that is | ||||||
| 5 | neither used nor
intended to be used in the operation or | ||||||
| 6 | promotion of any unlawful
gambling activity or enterprise. | ||||||
| 7 | For the purpose of this subparagraph
(b)(7), an antique | ||||||
| 8 | slot machine is one manufactured 25 years ago or earlier.
| ||||||
| 9 | (8) Raffles and poker runs when conducted in accordance | ||||||
| 10 | with the Raffles and Poker Runs Act.
| ||||||
| 11 | (8.1) The purchase of raffle chances for a raffle | ||||||
| 12 | conducted in accordance with the Raffles and Poker Runs | ||||||
| 13 | Act. | ||||||
| 14 | (9) Charitable games when conducted in accordance with | ||||||
| 15 | the Charitable
Games Act.
| ||||||
| 16 | (10) Pull tabs and jar games when conducted under the | ||||||
| 17 | Illinois Pull
Tabs and Jar Games Act.
| ||||||
| 18 | (11) Gambling games conducted on riverboats when
| ||||||
| 19 | authorized by the Riverboat Gambling Act.
| ||||||
| 20 | (12) Video gaming terminal games at a licensed | ||||||
| 21 | establishment, licensed truck stop establishment,
licensed
| ||||||
| 22 | fraternal establishment, or licensed veterans | ||||||
| 23 | establishment when
conducted in accordance with the Video | ||||||
| 24 | Gaming Act. | ||||||
| 25 | (13) Games of skill or chance where money or other | ||||||
| 26 | things of value can be won but no payment or purchase is | ||||||
| |||||||
| |||||||
| 1 | required to participate. | ||||||
| 2 | (14) Savings promotion raffles authorized under | ||||||
| 3 | Section 5g of the Illinois Banking Act, Section 7008 of the | ||||||
| 4 | Savings Bank Act, Section 42.7 of the Illinois Credit Union | ||||||
| 5 | Act, Section 5136B of the National Bank Act (12 U.S.C. | ||||||
| 6 | 25a), or Section 4 of the Home Owners' Loan Act (12 U.S.C. | ||||||
| 7 | 1463). | ||||||
| 8 | (c) Sentence.
| ||||||
| 9 | Gambling is a
Class A misdemeanor. A second or
subsequent | ||||||
| 10 | conviction under subsections (a)(3) through (a)(12),
is a Class | ||||||
| 11 | 4 felony.
| ||||||
| 12 | (d) Circumstantial evidence.
| ||||||
| 13 | In prosecutions under
this
Section circumstantial evidence | ||||||
| 14 | shall have the same validity and weight as
in any criminal | ||||||
| 15 | prosecution.
| ||||||
| 16 | (Source: P.A. 98-644, eff. 6-10-14; 99-149, eff. 1-1-16.)
| ||||||
| 17 | Section 99. Effective date. This Act takes effect upon | ||||||
| 18 | becoming law.".
| ||||||
