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