Bill Text: IL SB3371 | 2009-2010 | 96th General Assembly | Introduced
Bill Title: Amends the Illinois Horse Racing Act of 1975 and the Riverboat Gambling Act to authorize slot machine gambling at race tracks (and makes conforming changes in various Acts). Effective immediately.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-03-19 - Rule 3-9(a) / Re-referred to Assignments [SB3371 Detail]
Download: Illinois-2009-SB3371-Introduced.html
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1 | AN ACT concerning gaming.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Horse Racing Act of 1975 is | ||||||||||||||||||||||||
5 | amended by changing
Sections 20, 26, 26.1, 27, 31, 36, and 42 | ||||||||||||||||||||||||
6 | and
adding
Sections 3.24, 3.25, 3.26, 3.27, and 56 as follows:
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7 | (230 ILCS 5/3.24 new)
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8 | Sec. 3.24. Adjusted gross receipts. "Adjusted gross | ||||||||||||||||||||||||
9 | receipts" means the gross receipts from
electronic gaming less | ||||||||||||||||||||||||
10 | winnings paid to wagerers.
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11 | (230 ILCS 5/3.25 new)
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12 | Sec. 3.25. Electronic gaming. "Electronic gaming" means
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13 | slot machine gambling, video games of chance, and electronic
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14 | gambling games that are conducted at a race track licensed
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15 | under this Act pursuant to an electronic gaming license.
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16 | (230 ILCS 5/3.26 new)
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17 | Sec. 3.26. Electronic gaming license. "Electronic gaming | ||||||||||||||||||||||||
18 | license" means a license to conduct
electronic gaming issued | ||||||||||||||||||||||||
19 | under Section 56 of this Act.
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20 | (230 ILCS 5/3.27 new)
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1 | Sec. 3.27. Electronic gaming facility. "Electronic gaming | ||||||
2 | facility" means that portion of an
organization licensee's race | ||||||
3 | track facility at which electronic gaming is
conducted.
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4 | (230 ILCS 5/20)
(from Ch. 8, par. 37-20)
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5 | Sec. 20. (a) Any person desiring to conduct a horse race | ||||||
6 | meeting may
apply to the Board for an organization license. The | ||||||
7 | application shall be
made on a form prescribed and furnished by | ||||||
8 | the Board. The application shall
specify:
| ||||||
9 | (1) the dates on which
it intends to conduct the horse | ||||||
10 | race meeting, which
dates shall be provided
under Section | ||||||
11 | 21;
| ||||||
12 | (2) the hours of each racing day between which it | ||||||
13 | intends to
hold or
conduct horse racing at such meeting;
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14 | (3) the location where it proposes to conduct the
| ||||||
15 | meeting; and
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16 | (4) any other information the Board may reasonably | ||||||
17 | require.
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18 | (b) A separate application for an organization license | ||||||
19 | shall be filed
for each horse race meeting
which such person | ||||||
20 | proposes to hold. Any such application, if made by an
| ||||||
21 | individual, or by any individual as trustee, shall be
signed | ||||||
22 | and verified under oath by such individual. If
made by | ||||||
23 | individuals or a partnership, it shall be signed and
verified | ||||||
24 | under oath by at least 2 of such individuals or members of such
| ||||||
25 | partnership as the case may be. If made by an association, |
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| |||||||
1 | corporation,
corporate trustee or any other entity, it shall be | ||||||
2 | signed by the president
and attested by the secretary or | ||||||
3 | assistant secretary under the seal
of such association, trust | ||||||
4 | or corporation if it has a seal, and shall
also be verified | ||||||
5 | under oath by one of the signing officers.
| ||||||
6 | (c) The application shall specify the name of the
persons, | ||||||
7 | association, trust, or corporation making such application and | ||||||
8 | the
post office address of the applicant; if the applicant is a | ||||||
9 | trustee, the
names and addresses of the beneficiaries; if a | ||||||
10 | corporation, the names and
post office addresses of all | ||||||
11 | officers, stockholders and directors; or if
such
stockholders | ||||||
12 | hold stock as a nominee or fiduciary, the names and post
office | ||||||
13 | addresses of these persons, partnerships, corporations, or | ||||||
14 | trusts
who are the beneficial owners thereof or who are | ||||||
15 | beneficially interested
therein; and if a partnership, the | ||||||
16 | names and post office addresses of all
partners, general or | ||||||
17 | limited; if the applicant is a corporation, the name
of the | ||||||
18 | state of its incorporation shall be specified.
| ||||||
19 | (d) The applicant shall execute and file with the Board a | ||||||
20 | good faith
affirmative action plan to recruit, train, and | ||||||
21 | upgrade minorities in all
classifications within the | ||||||
22 | association.
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23 | (e) With such application there shall be delivered to the | ||||||
24 | Board a certified
check or bank draft payable to the order of | ||||||
25 | the Board for an amount equal to
$1,000. All applications for | ||||||
26 | the issuance of an organization license shall be
filed with the |
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1 | Board before August 1 of the year prior to the year for which
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2 | application is made and shall be acted upon by the Board at a | ||||||
3 | meeting to be
held on such date as shall be fixed by the Board | ||||||
4 | during the last 15 days of
September of such prior year. At | ||||||
5 | such meeting, the Board shall announce the
award of the racing | ||||||
6 | meets, live racing schedule, and designation of host track
to | ||||||
7 | the applicants and its approval or disapproval of each | ||||||
8 | application. No
announcement shall be considered binding until | ||||||
9 | a formal order is executed by
the Board, which shall be | ||||||
10 | executed no later than October 15 of that prior year.
Absent | ||||||
11 | the agreement of the affected organization licensees, the Board | ||||||
12 | shall
not grant overlapping race meetings to 2 or more tracks | ||||||
13 | that are within 100
miles of each other to conduct the | ||||||
14 | thoroughbred racing.
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15 | (e-1) In awarding standardbred racing dates for calendar | ||||||
16 | year 2011 and thereafter, the Board shall award at least 310 | ||||||
17 | racing days. The Board shall have the discretion to allocate | ||||||
18 | those racing days among organization licensees requesting | ||||||
19 | standardbred race dates. Once awarded by the Board, | ||||||
20 | organization licensees awarded standardbred dates shall run at | ||||||
21 | least 3,500 races in total during that calendar year. Should an | ||||||
22 | organization licensee fail to race all dates awarded by the | ||||||
23 | Board, the organization licensee shall pay to the standardbred | ||||||
24 | purse account at that racing facility an amount equal to the | ||||||
25 | organization licensee's share of revenue from electronic | ||||||
26 | gaming for the day not raced. The Board may waive the payment |
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1 | to purses required under of subsection only if a lesser | ||||||
2 | schedule is appropriate due to (1) weather or unsafe track | ||||||
3 | conditions due to acts of God, (2) an agreement between the | ||||||
4 | organization licensee and the association representing | ||||||
5 | standardbred horsemen racing at the organization licensee's | ||||||
6 | race meeting, or (3) lack of sufficient numbers of horses to | ||||||
7 | conduct racing.
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8 | (e-5) In reviewing an application for the purpose of | ||||||
9 | granting an
organization license consistent with
the best | ||||||
10 | interests of the public and the
sport of horse racing, the | ||||||
11 | Board shall consider:
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12 | (1) the character, reputation, experience, and | ||||||
13 | financial integrity of the
applicant and of any other | ||||||
14 | separate person that either:
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15 | (i) controls the applicant, directly or | ||||||
16 | indirectly, or
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17 | (ii) is controlled, directly or indirectly, by | ||||||
18 | that applicant or by a
person who controls, directly or | ||||||
19 | indirectly, that applicant;
| ||||||
20 | (2) the applicant's facilities or proposed facilities | ||||||
21 | for conducting
horse
racing;
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22 | (3) the total revenue without regard to Section 32.1 to | ||||||
23 | be derived by
the State and horsemen from the applicant's
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24 | conducting a race meeting;
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25 | (4) the applicant's good faith affirmative action plan | ||||||
26 | to recruit, train,
and upgrade minorities in all employment |
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1 | classifications;
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2 | (5) the applicant's financial ability to purchase and | ||||||
3 | maintain adequate
liability and casualty insurance;
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4 | (6) the applicant's proposed and prior year's | ||||||
5 | promotional and marketing
activities and expenditures of | ||||||
6 | the applicant associated with those activities;
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7 | (7) an agreement, if any, among organization licensees | ||||||
8 | as provided in
subsection (b) of Section 21 of this Act; | ||||||
9 | and
| ||||||
10 | (8) the extent to which the applicant exceeds or meets | ||||||
11 | other standards for
the issuance of an organization license | ||||||
12 | that the Board shall adopt by rule.
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13 | In granting organization licenses and allocating dates for | ||||||
14 | horse race
meetings, the Board shall have discretion to | ||||||
15 | determine an overall schedule,
including required simulcasts | ||||||
16 | of Illinois races by host tracks that will, in
its judgment, be | ||||||
17 | conducive to the best interests of the public and the sport of
| ||||||
18 | horse racing.
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19 | (e-10) The Illinois Administrative Procedure Act shall | ||||||
20 | apply to
administrative procedures of the Board under this Act | ||||||
21 | for the granting of an
organization license, except that (1) | ||||||
22 | notwithstanding the provisions of
subsection (b) of Section | ||||||
23 | 10-40 of the Illinois Administrative Procedure Act
regarding | ||||||
24 | cross-examination, the
Board may prescribe rules limiting the | ||||||
25 | right of an applicant or participant in
any proceeding to award | ||||||
26 | an organization license to conduct cross-examination of
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| |||||||
1 | witnesses at that proceeding where that cross-examination | ||||||
2 | would unduly obstruct
the timely award of an organization | ||||||
3 | license under subsection (e) of Section 20
of this Act; (2) the | ||||||
4 | provisions of Section 10-45 of the Illinois Administrative
| ||||||
5 | Procedure Act regarding proposals for decision are excluded | ||||||
6 | under this Act; (3)
notwithstanding the provisions of | ||||||
7 | subsection (a) of Section 10-60 of the
Illinois Administrative | ||||||
8 | Procedure Act regarding ex parte communications, the
Board may | ||||||
9 | prescribe rules allowing ex parte communications with | ||||||
10 | applicants or
participants in a proceeding to award an | ||||||
11 | organization license where conducting
those communications | ||||||
12 | would be in the best interest of racing, provided all
those | ||||||
13 | communications are made part of the record of that proceeding | ||||||
14 | pursuant
to subsection (c) of Section 10-60 of the Illinois | ||||||
15 | Administrative
Procedure Act; (4) the provisions of Section 14a | ||||||
16 | of this Act and the rules of
the Board promulgated under that | ||||||
17 | Section shall apply instead of the provisions
of Article 10 of | ||||||
18 | the Illinois Administrative Procedure Act regarding
| ||||||
19 | administrative law judges; and (5) the provisions of subsection | ||||||
20 | (d)
of Section 10-65 of the Illinois Administrative Procedure | ||||||
21 | Act that prevent
summary suspension of a license pending | ||||||
22 | revocation or other action shall not
apply.
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23 | (f) The Board may allot racing dates to an organization | ||||||
24 | licensee for more
than one calendar year but for no more than 3 | ||||||
25 | successive calendar years in
advance, provided that the Board | ||||||
26 | shall review such allotment for more than
one calendar year |
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1 | prior to each year for which such allotment has been
made. The | ||||||
2 | granting of an organization license to a person constitutes a
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3 | privilege to conduct a horse race meeting under the provisions | ||||||
4 | of this Act, and
no person granted an organization license | ||||||
5 | shall be deemed to have a vested
interest, property right, or | ||||||
6 | future expectation to receive an organization
license in any | ||||||
7 | subsequent year as a result of the granting of an organization
| ||||||
8 | license. Organization licenses shall be subject to revocation | ||||||
9 | if the
organization licensee has violated any provision of this | ||||||
10 | Act
or the rules and regulations promulgated under this Act or | ||||||
11 | has been convicted
of a crime or has failed to disclose or has | ||||||
12 | stated falsely any information
called for in the application | ||||||
13 | for an organization license. Any
organization license | ||||||
14 | revocation
proceeding shall be in accordance with Section 16 | ||||||
15 | regarding suspension and
revocation of occupation licenses.
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16 | (f-5) If, (i) an applicant does not file an acceptance of | ||||||
17 | the racing dates
awarded by the Board as required under part | ||||||
18 | (1) of subsection (h) of this
Section 20, or (ii) an | ||||||
19 | organization licensee has its license suspended or
revoked | ||||||
20 | under this Act, the Board, upon conducting an emergency hearing | ||||||
21 | as
provided for in this Act, may reaward on an emergency basis | ||||||
22 | pursuant to
rules established by the Board, racing dates not | ||||||
23 | accepted or the racing
dates
associated with any suspension or | ||||||
24 | revocation period to one or more organization
licensees, new | ||||||
25 | applicants, or any combination thereof, upon terms and
| ||||||
26 | conditions that the Board determines are in the best interest |
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1 | of racing,
provided, the organization licensees or new | ||||||
2 | applicants receiving the awarded
racing dates file an | ||||||
3 | acceptance of those reawarded racing dates as
required under | ||||||
4 | paragraph (1) of subsection (h) of this Section 20 and comply
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5 | with the other provisions of this Act. The Illinois | ||||||
6 | Administrative Procedures
Act shall not apply to the | ||||||
7 | administrative procedures of the Board in conducting
the | ||||||
8 | emergency hearing and the reallocation of racing dates on an | ||||||
9 | emergency
basis.
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10 | (g) (Blank).
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11 | (h) The Board shall send the applicant a copy of its | ||||||
12 | formally
executed order by certified mail addressed to the | ||||||
13 | applicant at the
address stated in his application, which | ||||||
14 | notice shall be mailed within 5 days
of the date the formal | ||||||
15 | order is executed.
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16 | Each applicant notified shall, within 10 days after receipt | ||||||
17 | of the
final executed order of the Board awarding
racing dates:
| ||||||
18 | (1) file with the Board an acceptance of such
award in
| ||||||
19 | the form
prescribed by the Board;
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20 | (2) pay to the Board an additional amount equal to $110 | ||||||
21 | for each
racing date awarded; and
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22 | (3) file with the Board the bonds required in Sections | ||||||
23 | 21
and 25 at least
20 days prior to the first day of each | ||||||
24 | race meeting.
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25 | Upon compliance with the provisions of paragraphs (1), (2), and | ||||||
26 | (3) of
this subsection (h), the applicant shall be issued an
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1 | organization license.
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2 | If any applicant fails to comply with this Section or fails
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3 | to pay the organization license fees herein provided, no | ||||||
4 | organization
license shall be issued to such applicant.
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5 | (Source: P.A. 91-40, eff. 6-25-99.)
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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) Except as otherwise provided in Section 56, no No other | ||||||
23 | method of betting, pool making, wagering or
gambling shall be | ||||||
24 | used or permitted by the licensee. Each licensee
may retain, | ||||||
25 | subject to the payment of all applicable
taxes and purses, an |
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1 | amount not to exceed 17% of all money wagered
under subsection | ||||||
2 | (a) of this Section, except as may otherwise be permitted
under | ||||||
3 | this Act.
| ||||||
4 | (b-5) An individual may place a wager under the pari-mutuel | ||||||
5 | system from
any licensed location authorized under this Act | ||||||
6 | provided that wager is
electronically recorded in the manner | ||||||
7 | described in Section 3.12 of this Act.
Any wager made | ||||||
8 | electronically by an individual while physically on the | ||||||
9 | premises
of a licensee shall be deemed to have been made at the | ||||||
10 | premises of that
licensee.
| ||||||
11 | (c) Until January 1, 2000, the sum held by any licensee for | ||||||
12 | payment of
outstanding pari-mutuel tickets, if unclaimed prior | ||||||
13 | to December 31 of the
next year, shall be retained by the | ||||||
14 | licensee for payment of
such tickets until that date. Within 10 | ||||||
15 | days thereafter, the balance of
such sum remaining unclaimed, | ||||||
16 | less any uncashed supplements contributed by such
licensee for | ||||||
17 | the purpose of guaranteeing minimum distributions
of any | ||||||
18 | pari-mutuel pool, shall be
paid to the
Illinois
Veterans'
| ||||||
19 | Rehabilitation Fund of the State treasury, except as provided | ||||||
20 | in subsection
(g) of Section 27 of this Act.
| ||||||
21 | (c-5) Beginning January 1, 2000, the sum held by any | ||||||
22 | licensee for payment
of
outstanding pari-mutuel tickets, if | ||||||
23 | unclaimed prior to December 31 of the
next year, shall be | ||||||
24 | retained by the licensee for payment of
such tickets until that | ||||||
25 | date. Within 10 days thereafter, the balance of
such sum | ||||||
26 | remaining unclaimed, less any uncashed supplements contributed |
| |||||||
| |||||||
1 | by such
licensee for the purpose of guaranteeing minimum | ||||||
2 | distributions
of any pari-mutuel pool, shall be evenly | ||||||
3 | distributed to the purse account of
the organization licensee | ||||||
4 | and the organization licensee.
| ||||||
5 | (d) A pari-mutuel ticket shall be honored until December 31 | ||||||
6 | of the
next calendar year, and the licensee shall pay the same | ||||||
7 | and may
charge the amount thereof against unpaid money | ||||||
8 | similarly accumulated on account
of pari-mutuel tickets not | ||||||
9 | presented for payment.
| ||||||
10 | (e) No licensee shall knowingly permit any minor, other
| ||||||
11 | than an employee of such licensee or an owner, trainer,
jockey, | ||||||
12 | driver, or employee thereof, to be admitted during a racing
| ||||||
13 | program unless accompanied by a parent or guardian, or any | ||||||
14 | minor to be a
patron of the pari-mutuel system of wagering | ||||||
15 | conducted or
supervised by it. The admission of any | ||||||
16 | unaccompanied minor, other than
an employee of the licensee or | ||||||
17 | an owner, trainer, jockey,
driver, or employee thereof at a | ||||||
18 | race track is a Class C
misdemeanor.
| ||||||
19 | (f) Notwithstanding the other provisions of this Act, an
| ||||||
20 | organization licensee may contract
with an entity in another | ||||||
21 | state or country to permit any legal
wagering entity in another | ||||||
22 | state or country to accept wagers solely within
such other | ||||||
23 | state or country on races conducted by the organization | ||||||
24 | licensee
in this State.
Beginning January 1, 2000, these wagers
| ||||||
25 | shall not be subject to State
taxation. Until January 1, 2000,
| ||||||
26 | when the out-of-State entity conducts a pari-mutuel pool
|
| |||||||
| |||||||
1 | separate from the organization licensee, a privilege tax equal | ||||||
2 | to 7 1/2% of
all monies received by the organization licensee | ||||||
3 | from entities in other states
or countries pursuant to such | ||||||
4 | contracts is imposed on the organization
licensee, and such | ||||||
5 | privilege tax shall be remitted to the
Department of Revenue
| ||||||
6 | within 48 hours of receipt of the moneys from the simulcast. | ||||||
7 | When the
out-of-State entity conducts a
combined pari-mutuel | ||||||
8 | pool with the organization licensee, the tax shall be 10%
of | ||||||
9 | all monies received by the organization licensee with 25% of | ||||||
10 | the
receipts from this 10% tax to be distributed to the county
| ||||||
11 | in which the race was conducted.
| ||||||
12 | An organization licensee may permit one or more of its | ||||||
13 | races to be
utilized for
pari-mutuel wagering at one or more | ||||||
14 | locations in other states and may
transmit audio and visual | ||||||
15 | signals of races the organization licensee
conducts to one or
| ||||||
16 | more locations outside the State or country and may also permit | ||||||
17 | pari-mutuel
pools in other states or countries to be combined | ||||||
18 | with its gross or net
wagering pools or with wagering pools | ||||||
19 | established by other states.
| ||||||
20 | (g) A host track may accept interstate simulcast wagers on
| ||||||
21 | horse
races conducted in other states or countries and shall | ||||||
22 | control the
number of signals and types of breeds of racing in | ||||||
23 | its simulcast program,
subject to the disapproval of the Board. | ||||||
24 | The Board may prohibit a simulcast
program only if it finds | ||||||
25 | that the simulcast program is clearly
adverse to the integrity | ||||||
26 | of racing. The host track
simulcast program shall
include the |
| |||||||
| |||||||
1 | signal of live racing of all organization licensees.
All | ||||||
2 | non-host licensees and advance deposit wagering licensees | ||||||
3 | shall carry the signal of and accept wagers on live racing of | ||||||
4 | all organization licensees. Advance deposit wagering licensees | ||||||
5 | shall not be permitted to accept out-of-state wagers on any | ||||||
6 | Illinois signal provided pursuant to this Section without the | ||||||
7 | approval and consent of the organization licensee providing the | ||||||
8 | signal. Non-host licensees may carry the host track simulcast | ||||||
9 | program and
shall accept wagers on all races included as part | ||||||
10 | of the simulcast
program upon which wagering is permitted.
All | ||||||
11 | organization licensees shall provide their live signal to all | ||||||
12 | advance deposit wagering licensees for a simulcast commission | ||||||
13 | fee not to exceed 6% of the advance deposit wagering licensee's | ||||||
14 | Illinois handle on the organization licensee's signal without | ||||||
15 | prior approval by the Board. The Board may adopt rules under | ||||||
16 | which it may permit simulcast commission fees in excess of 6%. | ||||||
17 | The Board shall adopt rules limiting the interstate commission | ||||||
18 | fees charged to an advance deposit wagering licensee. The Board | ||||||
19 | shall adopt rules regarding advance deposit wagering on | ||||||
20 | interstate simulcast races that shall reflect, among other | ||||||
21 | things, the General Assembly's desire to maximize revenues to | ||||||
22 | the State, horsemen purses, and organizational licensees. | ||||||
23 | However, organization licensees providing live signals | ||||||
24 | pursuant to the requirements of this subsection (g) may | ||||||
25 | petition the Board to withhold their live signals from an | ||||||
26 | advance deposit wagering licensee if the organization licensee |
| |||||||
| |||||||
1 | discovers and the Board finds reputable or credible information | ||||||
2 | that the advance deposit wagering licensee is under | ||||||
3 | investigation by another state or federal governmental agency, | ||||||
4 | the advance deposit wagering licensee's license has been | ||||||
5 | suspended in another state, or the advance deposit wagering | ||||||
6 | licensee's license is in revocation proceedings in another | ||||||
7 | state. The organization licensee's provision of their live | ||||||
8 | signal to an advance deposit wagering licensee under this | ||||||
9 | subsection (g) pertains to wagers placed from within Illinois. | ||||||
10 | Advance deposit wagering licensees may place advance deposit | ||||||
11 | wagering terminals at wagering facilities as a convenience to | ||||||
12 | customers. The advance deposit wagering licensee shall not | ||||||
13 | charge or collect any fee from purses for the placement of the | ||||||
14 | advance deposit wagering terminals. The costs and expenses
of | ||||||
15 | the host track and non-host licensees associated
with | ||||||
16 | interstate simulcast
wagering, other than the interstate
| ||||||
17 | commission fee, shall be borne by the host track and all
| ||||||
18 | non-host licensees
incurring these costs.
The interstate | ||||||
19 | commission fee shall not exceed 5% of Illinois handle on the
| ||||||
20 | interstate simulcast race or races without prior approval of | ||||||
21 | the Board. The
Board shall promulgate rules under which it may | ||||||
22 | permit
interstate commission
fees in excess of 5%. The | ||||||
23 | interstate commission
fee and other fees charged by the sending | ||||||
24 | racetrack, including, but not
limited to, satellite decoder | ||||||
25 | fees, shall be uniformly applied
to the host track and all | ||||||
26 | non-host licensees.
|
| |||||||
| |||||||
1 | Notwithstanding any other provision of this Act, for a | ||||||
2 | period of 3 years after the effective date of this amendatory | ||||||
3 | Act of the 96th General Assembly, an organization licensee may | ||||||
4 | maintain a system whereby advance deposit wagering may take | ||||||
5 | place or an organization licensee, with the consent of the | ||||||
6 | horsemen association representing the largest number of | ||||||
7 | owners, trainers, jockeys, or standardbred drivers who race | ||||||
8 | horses at that organization licensee's racing meeting, may | ||||||
9 | contract with another person to carry out a system of advance | ||||||
10 | deposit wagering. Such consent may not be unreasonably | ||||||
11 | withheld. All advance deposit wagers placed from within | ||||||
12 | Illinois must be placed through a Board-approved advance | ||||||
13 | deposit wagering licensee; no other entity may accept an | ||||||
14 | advance deposit wager from a person within Illinois. All | ||||||
15 | advance deposit wagering is subject to any rules adopted by the | ||||||
16 | Board. The Board may adopt rules necessary to regulate advance | ||||||
17 | deposit wagering through the use of emergency rulemaking in | ||||||
18 | accordance with Section 5-45 of the Illinois Administrative | ||||||
19 | Procedure Act. The General Assembly finds that the adoption of | ||||||
20 | rules to regulate advance deposit wagering is deemed an | ||||||
21 | emergency and necessary for the public interest, safety, and | ||||||
22 | welfare. An advance deposit wagering licensee may retain all | ||||||
23 | moneys as agreed to by contract with an organization licensee. | ||||||
24 | Any moneys retained by the organization licensee from advance | ||||||
25 | deposit wagering, not including moneys retained by the advance | ||||||
26 | deposit wagering licensee, shall be paid 50% to the |
| |||||||
| |||||||
1 | organization licensee's purse account and 50% to the | ||||||
2 | organization licensee. If more than one breed races at the same | ||||||
3 | race track facility, then the 50% of the moneys to be paid to | ||||||
4 | an organization licensee's purse account shall be allocated | ||||||
5 | among all organization licensees' purse accounts operating at | ||||||
6 | that race track facility proportionately based on the actual | ||||||
7 | number of host days that the Board grants to that breed at that | ||||||
8 | race track facility in the current calendar year. To the extent | ||||||
9 | any fees from advance deposit wagering conducted in Illinois | ||||||
10 | for wagers in Illinois or other states have been placed in | ||||||
11 | escrow or otherwise withheld from wagers pending a | ||||||
12 | determination of the legality of advance deposit wagering, no | ||||||
13 | action shall be brought to declare such wagers or the | ||||||
14 | disbursement of any fees previously escrowed illegal.
| ||||||
15 | (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
| ||||||
16 | intertrack wagering
licensee other than the host track may | ||||||
17 | supplement the host track simulcast
program with | ||||||
18 | additional simulcast races or race programs, provided that | ||||||
19 | between
January 1 and the third Friday in February of any | ||||||
20 | year, inclusive, if no live
thoroughbred racing is | ||||||
21 | occurring in Illinois during this period, only
| ||||||
22 | thoroughbred races may be used
for supplemental interstate | ||||||
23 | simulcast purposes. The Board shall withhold
approval for a | ||||||
24 | supplemental interstate simulcast only if it finds that the
| ||||||
25 | simulcast is clearly adverse to the integrity of racing. A | ||||||
26 | supplemental
interstate simulcast may be transmitted from |
| |||||||
| |||||||
1 | an intertrack wagering licensee to
its affiliated non-host | ||||||
2 | licensees. The interstate commission fee for a
| ||||||
3 | supplemental interstate simulcast shall be paid by the | ||||||
4 | non-host licensee and
its affiliated non-host licensees | ||||||
5 | receiving the simulcast.
| ||||||
6 | (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
| ||||||
7 | intertrack wagering
licensee other than the host track may | ||||||
8 | receive supplemental interstate
simulcasts only with the | ||||||
9 | consent of the host track, except when the Board
finds that | ||||||
10 | the simulcast is
clearly adverse to the integrity of | ||||||
11 | racing. Consent granted under this
paragraph (2) to any | ||||||
12 | intertrack wagering licensee shall be deemed consent to
all | ||||||
13 | non-host licensees. The interstate commission fee for the | ||||||
14 | supplemental
interstate simulcast shall be paid
by all | ||||||
15 | participating non-host licensees.
| ||||||
16 | (3) Each licensee conducting interstate simulcast | ||||||
17 | wagering may retain,
subject to the payment of all | ||||||
18 | applicable taxes and the purses, an amount not to
exceed | ||||||
19 | 17% of all money wagered. If any licensee conducts the | ||||||
20 | pari-mutuel
system wagering on races conducted at | ||||||
21 | racetracks in another state or country,
each such race or | ||||||
22 | race program shall be considered a separate racing day for
| ||||||
23 | the purpose of determining the daily handle and computing | ||||||
24 | the privilege tax of
that daily handle as provided in | ||||||
25 | subsection (a) of Section 27.
Until January 1, 2000,
from | ||||||
26 | the sums permitted to be retained pursuant to this |
| |||||||
| |||||||
1 | subsection, each
intertrack wagering location licensee | ||||||
2 | shall pay 1% of the pari-mutuel handle
wagered on simulcast | ||||||
3 | wagering to the Horse Racing Tax Allocation Fund, subject
| ||||||
4 | to the provisions of subparagraph (B) of paragraph (11) of | ||||||
5 | subsection (h) of
Section 26 of this Act.
| ||||||
6 | (4) A licensee who receives an interstate simulcast may | ||||||
7 | combine its gross
or net pools with pools at the sending | ||||||
8 | racetracks pursuant to rules established
by the Board. All | ||||||
9 | licensees combining their gross pools
at a
sending | ||||||
10 | racetrack shall adopt the take-out percentages of the | ||||||
11 | sending
racetrack.
A licensee may also establish a separate | ||||||
12 | pool and takeout structure for
wagering purposes on races | ||||||
13 | conducted at race tracks outside of the
State of Illinois. | ||||||
14 | The licensee may permit pari-mutuel wagers placed in other
| ||||||
15 | states or
countries to be combined with its gross or net | ||||||
16 | wagering pools or other
wagering pools.
| ||||||
17 | (5) After the payment of the interstate commission fee | ||||||
18 | (except for the
interstate commission
fee on a supplemental | ||||||
19 | interstate simulcast, which shall be paid by the host
track | ||||||
20 | and by each non-host licensee through the host-track) and | ||||||
21 | all applicable
State and local
taxes, except as provided in | ||||||
22 | subsection (g) of Section 27 of this Act, the
remainder of | ||||||
23 | moneys retained from simulcast wagering pursuant to this
| ||||||
24 | subsection (g), and Section 26.2 shall be divided as | ||||||
25 | follows:
| ||||||
26 | (A) For interstate simulcast wagers made at a host |
| |||||||
| |||||||
1 | track, 50% to the
host
track and 50% to purses at the | ||||||
2 | host track.
| ||||||
3 | (B) For wagers placed on interstate simulcast | ||||||
4 | races, supplemental
simulcasts as defined in | ||||||
5 | subparagraphs (1) and (2), and separately pooled races
| ||||||
6 | conducted outside of the State of Illinois made at a | ||||||
7 | non-host
licensee, 25% to the host
track, 25% to the | ||||||
8 | non-host licensee, and 50% to the purses at the host | ||||||
9 | track.
| ||||||
10 | (6) Notwithstanding any provision in this Act to the | ||||||
11 | contrary, non-host
licensees
who derive their licenses | ||||||
12 | from a track located in a county with a population in
| ||||||
13 | excess of 230,000 and that borders the Mississippi River | ||||||
14 | may receive
supplemental interstate simulcast races at all | ||||||
15 | times subject to Board approval,
which shall be withheld | ||||||
16 | only upon a finding that a supplemental interstate
| ||||||
17 | simulcast is clearly adverse to the integrity of racing.
| ||||||
18 | (7) Notwithstanding any provision of this Act to the | ||||||
19 | contrary, after
payment of all applicable State and local | ||||||
20 | taxes and interstate commission fees,
non-host licensees | ||||||
21 | who derive their licenses from a track located in a county
| ||||||
22 | with a population in excess of 230,000 and that borders the | ||||||
23 | Mississippi River
shall retain 50% of the retention from | ||||||
24 | interstate simulcast wagers and shall
pay 50% to purses at | ||||||
25 | the track from which the non-host licensee derives its
| ||||||
26 | license as follows:
|
| |||||||
| |||||||
1 | (A) Between January 1 and the third Friday in | ||||||
2 | February, inclusive, if no
live thoroughbred racing is | ||||||
3 | occurring in Illinois during this period, when the
| ||||||
4 | interstate simulcast is a standardbred race, the purse | ||||||
5 | share to its
standardbred purse account;
| ||||||
6 | (B) Between January 1 and the third Friday in | ||||||
7 | February, inclusive, if no
live thoroughbred racing is | ||||||
8 | occurring in Illinois during this period, and the
| ||||||
9 | interstate simulcast is a thoroughbred race, the purse | ||||||
10 | share to its interstate
simulcast purse pool to be | ||||||
11 | distributed under paragraph (10) of this subsection
| ||||||
12 | (g);
| ||||||
13 | (C) Between January 1 and the third Friday in | ||||||
14 | February, inclusive, if
live thoroughbred racing is | ||||||
15 | occurring in Illinois, between 6:30 a.m. and 6:30
p.m. | ||||||
16 | the purse share from wagers made during this time | ||||||
17 | period to its
thoroughbred purse account and between | ||||||
18 | 6:30 p.m. and 6:30 a.m. the purse share
from wagers | ||||||
19 | made during this time period to its standardbred purse | ||||||
20 | accounts;
| ||||||
21 | (D) Between the third Saturday in February and | ||||||
22 | December 31, when the
interstate simulcast occurs | ||||||
23 | between the hours of 6:30 a.m. and 6:30 p.m., the
purse | ||||||
24 | share to its thoroughbred purse account;
| ||||||
25 | (E) Between the third Saturday in February and | ||||||
26 | December 31, when the
interstate simulcast occurs |
| |||||||
| |||||||
1 | between the hours of 6:30 p.m. and 6:30 a.m., the
purse | ||||||
2 | share to its standardbred purse account.
| ||||||
3 | (7.1) Notwithstanding any other provision of this Act | ||||||
4 | to the contrary,
if
no
standardbred racing is conducted at | ||||||
5 | a racetrack located in Madison County
during any
calendar | ||||||
6 | year beginning on or after January 1, 2002, all
moneys | ||||||
7 | derived by
that racetrack from simulcast wagering and | ||||||
8 | inter-track wagering that (1) are to
be used
for purses and | ||||||
9 | (2) are generated between the hours of 6:30 p.m. and 6:30 | ||||||
10 | a.m.
during that
calendar year shall
be paid as follows:
| ||||||
11 | (A) If the licensee that conducts horse racing at | ||||||
12 | that racetrack
requests from the Board at least as many | ||||||
13 | racing dates as were conducted in
calendar year 2000, | ||||||
14 | 80% shall be paid to its thoroughbred purse account; | ||||||
15 | and
| ||||||
16 | (B) Twenty percent shall be deposited into the | ||||||
17 | Illinois Colt Stakes
Purse
Distribution
Fund and shall | ||||||
18 | be paid to purses for standardbred races for Illinois | ||||||
19 | conceived
and foaled horses conducted at any county | ||||||
20 | fairgrounds.
The moneys deposited into the Fund | ||||||
21 | pursuant to this subparagraph (B) shall be
deposited
| ||||||
22 | within 2
weeks after the day they were generated, shall | ||||||
23 | be in addition to and not in
lieu of any other
moneys | ||||||
24 | paid to standardbred purses under this Act, and shall | ||||||
25 | not be commingled
with other moneys paid into that | ||||||
26 | Fund. The moneys deposited
pursuant to this |
| |||||||
| |||||||
1 | subparagraph (B) shall be allocated as provided by the
| ||||||
2 | Department of Agriculture, with the advice and | ||||||
3 | assistance of the Illinois
Standardbred
Breeders Fund | ||||||
4 | Advisory Board.
| ||||||
5 | (7.2) Notwithstanding any other provision of this Act | ||||||
6 | to the contrary, if
no
thoroughbred racing is conducted at | ||||||
7 | a racetrack located in Madison County
during any
calendar | ||||||
8 | year beginning on or after January 1,
2002, all
moneys | ||||||
9 | derived by
that racetrack from simulcast wagering and | ||||||
10 | inter-track wagering that (1) are to
be used
for purses and | ||||||
11 | (2) are generated between the hours of 6:30 a.m. and 6:30 | ||||||
12 | p.m.
during that
calendar year shall
be deposited as | ||||||
13 | follows:
| ||||||
14 | (A) If the licensee that conducts horse racing at | ||||||
15 | that racetrack
requests from the
Board at least
as many | ||||||
16 | racing dates as were conducted in calendar year 2000, | ||||||
17 | 80%
shall be deposited into its standardbred purse
| ||||||
18 | account; and
| ||||||
19 | (B) Twenty percent shall be deposited into the | ||||||
20 | Illinois Colt Stakes
Purse
Distribution Fund. Moneys | ||||||
21 | deposited into the Illinois Colt Stakes Purse
| ||||||
22 | Distribution Fund
pursuant to this subparagraph (B) | ||||||
23 | shall be paid to Illinois
conceived and foaled | ||||||
24 | thoroughbred breeders' programs
and to thoroughbred | ||||||
25 | purses for races conducted at any county fairgrounds | ||||||
26 | for
Illinois conceived
and foaled horses at the |
| |||||||
| |||||||
1 | discretion of the
Department of Agriculture, with the | ||||||
2 | advice and assistance of
the Illinois Thoroughbred | ||||||
3 | Breeders Fund Advisory
Board. The moneys deposited | ||||||
4 | into the Illinois Colt Stakes Purse Distribution
Fund
| ||||||
5 | pursuant to this subparagraph (B) shall be deposited | ||||||
6 | within 2 weeks
after the day they were generated, shall | ||||||
7 | be in addition to and not in
lieu of any other moneys | ||||||
8 | paid to thoroughbred purses
under this Act, and shall | ||||||
9 | not be commingled with other moneys deposited into
that | ||||||
10 | Fund.
| ||||||
11 | (7.3) If no live standardbred racing is conducted at a | ||||||
12 | racetrack located
in
Madison
County in calendar year 2000 | ||||||
13 | or 2001,
an organization licensee who is licensed
to | ||||||
14 | conduct horse racing at that racetrack shall, before | ||||||
15 | January 1, 2002, pay
all
moneys derived from simulcast | ||||||
16 | wagering and inter-track wagering in calendar
years 2000 | ||||||
17 | and 2001 and
paid into the licensee's standardbred purse | ||||||
18 | account as follows:
| ||||||
19 | (A) Eighty percent to that licensee's thoroughbred | ||||||
20 | purse account to
be used for thoroughbred purses; and
| ||||||
21 | (B) Twenty percent to the Illinois Colt Stakes | ||||||
22 | Purse Distribution
Fund.
| ||||||
23 | Failure to make the payment to the Illinois Colt Stakes | ||||||
24 | Purse Distribution
Fund before January 1, 2002
shall
result | ||||||
25 | in the immediate revocation of the licensee's organization
| ||||||
26 | license, inter-track wagering license, and inter-track |
| |||||||
| |||||||
1 | wagering location
license.
| ||||||
2 | Moneys paid into the Illinois
Colt Stakes Purse | ||||||
3 | Distribution Fund pursuant to this
paragraph (7.3) shall be | ||||||
4 | paid to purses for standardbred
races for Illinois | ||||||
5 | conceived and foaled horses conducted
at any county
| ||||||
6 | fairgrounds.
Moneys paid into the Illinois
Colt Stakes | ||||||
7 | Purse Distribution Fund pursuant to this
paragraph (7.3) | ||||||
8 | shall be used as determined by the
Department of | ||||||
9 | Agriculture, with the advice and assistance of the
Illinois | ||||||
10 | Standardbred Breeders Fund Advisory Board, shall be in | ||||||
11 | addition to
and not in lieu of any other moneys paid to | ||||||
12 | standardbred purses under this Act,
and shall not be | ||||||
13 | commingled
with any other moneys paid into that Fund.
| ||||||
14 | (7.4) If live standardbred racing is conducted at a | ||||||
15 | racetrack located in
Madison
County at any time in calendar | ||||||
16 | year 2001 before the payment required
under
paragraph (7.3) | ||||||
17 | has been made, the organization licensee who is licensed to
| ||||||
18 | conduct
racing at that racetrack shall pay all moneys | ||||||
19 | derived by that racetrack from
simulcast
wagering and | ||||||
20 | inter-track wagering during calendar years 2000 and 2001 | ||||||
21 | that (1)
are to be
used for purses and (2) are generated | ||||||
22 | between the hours of 6:30 p.m. and 6:30
a.m.
during 2000 or | ||||||
23 | 2001 to the standardbred purse account at that
racetrack to
| ||||||
24 | be used for standardbred purses.
| ||||||
25 | (8) Notwithstanding any provision in this Act to the | ||||||
26 | contrary, an
organization licensee from a track located in |
| |||||||
| |||||||
1 | a county with a population in
excess of 230,000 and that | ||||||
2 | borders the Mississippi River and its affiliated
non-host | ||||||
3 | licensees shall not be entitled to share in any retention | ||||||
4 | generated on
racing, inter-track wagering, or simulcast | ||||||
5 | wagering at any other Illinois
wagering facility.
| ||||||
6 | (8.1) Notwithstanding any provisions in this Act to the | ||||||
7 | contrary, if 2
organization licensees
are conducting | ||||||
8 | standardbred race meetings concurrently
between the hours | ||||||
9 | of 6:30 p.m. and 6:30 a.m., after payment of all applicable
| ||||||
10 | State and local taxes and interstate commission fees, the | ||||||
11 | remainder of the
amount retained from simulcast wagering | ||||||
12 | otherwise attributable to the host
track and to host track | ||||||
13 | purses shall be split daily between the 2
organization | ||||||
14 | licensees and the purses at the tracks of the 2 | ||||||
15 | organization
licensees, respectively, based on each | ||||||
16 | organization licensee's share
of the total live handle for | ||||||
17 | that day,
provided that this provision shall not apply to | ||||||
18 | any non-host licensee that
derives its license from a track | ||||||
19 | located in a county with a population in
excess of 230,000 | ||||||
20 | and that borders the Mississippi River.
| ||||||
21 | (9) (Blank).
| ||||||
22 | (10) (Blank).
| ||||||
23 | (11) (Blank).
| ||||||
24 | (12) The Board shall have authority to compel all host | ||||||
25 | tracks to receive
the simulcast of any or all races | ||||||
26 | conducted at the Springfield or DuQuoin State
fairgrounds |
| |||||||
| |||||||
1 | and include all such races as part of their simulcast | ||||||
2 | programs.
| ||||||
3 | (13) Notwithstanding any other provision of this Act, | ||||||
4 | in the event that
the total Illinois pari-mutuel handle on | ||||||
5 | Illinois horse races at all wagering
facilities in any | ||||||
6 | calendar year is less than 75% of the total Illinois
| ||||||
7 | pari-mutuel handle on Illinois horse races at all such | ||||||
8 | wagering facilities for
calendar year 1994, then each | ||||||
9 | wagering facility that has an annual total
Illinois | ||||||
10 | pari-mutuel handle on Illinois horse races that is less | ||||||
11 | than 75% of
the total Illinois pari-mutuel handle on | ||||||
12 | Illinois horse races at such wagering
facility for calendar | ||||||
13 | year 1994, shall be permitted to receive, from any amount
| ||||||
14 | otherwise
payable to the purse account at the race track | ||||||
15 | with which the wagering facility
is affiliated in the | ||||||
16 | succeeding calendar year, an amount equal to 2% of the
| ||||||
17 | differential in total Illinois pari-mutuel handle on | ||||||
18 | Illinois horse
races at the wagering facility between that | ||||||
19 | calendar year in question and 1994
provided, however, that | ||||||
20 | a
wagering facility shall not be entitled to any such | ||||||
21 | payment until the Board
certifies in writing to the | ||||||
22 | wagering facility the amount to which the wagering
facility | ||||||
23 | is entitled
and a schedule for payment of the amount to the | ||||||
24 | wagering facility, based on:
(i) the racing dates awarded | ||||||
25 | to the race track affiliated with the wagering
facility | ||||||
26 | during the succeeding year; (ii) the sums available or |
| |||||||
| |||||||
1 | anticipated to
be available in the purse account of the | ||||||
2 | race track affiliated with the
wagering facility for purses | ||||||
3 | during the succeeding year; and (iii) the need to
ensure | ||||||
4 | reasonable purse levels during the payment period.
The | ||||||
5 | Board's certification
shall be provided no later than | ||||||
6 | January 31 of the succeeding year.
In the event a wagering | ||||||
7 | facility entitled to a payment under this paragraph
(13) is | ||||||
8 | affiliated with a race track that maintains purse accounts | ||||||
9 | for both
standardbred and thoroughbred racing, the amount | ||||||
10 | to be paid to the wagering
facility shall be divided | ||||||
11 | between each purse account pro rata, based on the
amount of | ||||||
12 | Illinois handle on Illinois standardbred and thoroughbred | ||||||
13 | racing
respectively at the wagering facility during the | ||||||
14 | previous calendar year.
Annually, the General Assembly | ||||||
15 | shall appropriate sufficient funds from the
General | ||||||
16 | Revenue Fund to the Department of Agriculture for payment | ||||||
17 | into the
thoroughbred and standardbred horse racing purse | ||||||
18 | accounts at
Illinois pari-mutuel tracks. The amount paid to | ||||||
19 | each purse account shall be
the amount certified by the | ||||||
20 | Illinois Racing Board in January to be
transferred from | ||||||
21 | each account to each eligible racing facility in
accordance | ||||||
22 | with the provisions of this Section.
| ||||||
23 | For the calendar year in which any organization | ||||||
24 | licensee that is eligible to receive payment under this | ||||||
25 | paragraph (13) begins to receive funds from electronic | ||||||
26 | gaming, the amount of the payment due to all wagering |
| |||||||
| |||||||
1 | facilities under this paragraph (13) shall be reduced by a | ||||||
2 | percentage equal to the percentage of the year remaining | ||||||
3 | after the earliest date that any electronic gaming facility | ||||||
4 | begins conducting electronic gaming pursuant to an | ||||||
5 | electronic gaming license. No wagering facilities shall be | ||||||
6 | able to receive payments under this paragraph (13) | ||||||
7 | beginning on the January 1 first occurring after the | ||||||
8 | earliest date that any organization licensee begins | ||||||
9 | receiving funds from electronic gaming. | ||||||
10 | (h) The Board may approve and license the conduct of | ||||||
11 | inter-track wagering
and simulcast wagering by inter-track | ||||||
12 | wagering licensees and inter-track
wagering location licensees | ||||||
13 | subject to the following terms and conditions:
| ||||||
14 | (1) Any person licensed to conduct a race meeting (i) | ||||||
15 | at a track where
60 or more days of racing were conducted | ||||||
16 | during the immediately preceding
calendar year or where | ||||||
17 | over the 5 immediately preceding calendar years an
average | ||||||
18 | of 30 or more days of racing were conducted annually may be | ||||||
19 | issued an
inter-track wagering license; (ii) at a track
| ||||||
20 | located in a county that is bounded by the Mississippi | ||||||
21 | River, which has a
population of less than 150,000 | ||||||
22 | according to the 1990 decennial census, and an
average of | ||||||
23 | at least 60 days of racing per year between 1985 and 1993 | ||||||
24 | may be
issued an inter-track wagering license; or (iii) at | ||||||
25 | a track
located in Madison
County that conducted at least | ||||||
26 | 100 days of live racing during the immediately
preceding
|
| |||||||
| |||||||
1 | calendar year may be issued an inter-track wagering | ||||||
2 | license, unless a lesser
schedule of
live racing is the | ||||||
3 | result of (A) weather, unsafe track conditions, or other
| ||||||
4 | acts of God; (B)
an agreement between the organization | ||||||
5 | licensee and the associations
representing the
largest | ||||||
6 | number of owners, trainers, jockeys, or standardbred | ||||||
7 | drivers who race
horses at
that organization licensee's | ||||||
8 | racing meeting; or (C) a finding by the Board of
| ||||||
9 | extraordinary circumstances and that it was in the best | ||||||
10 | interest of the public
and the sport to conduct fewer than | ||||||
11 | 100 days of live racing. Any such person
having operating | ||||||
12 | control of the racing facility may also receive up to 6
| ||||||
13 | inter-track wagering
location licenses. In no event shall | ||||||
14 | more than 6 inter-track wagering
locations be established | ||||||
15 | for each eligible race track, except that an
eligible race | ||||||
16 | track located in a county that has a population of more | ||||||
17 | than
230,000 and that is bounded by the Mississippi River | ||||||
18 | may establish up to 7
inter-track wagering locations.
An | ||||||
19 | application for
said license shall be filed with the Board | ||||||
20 | prior to such dates as may be
fixed by the Board. With an | ||||||
21 | application for an inter-track
wagering
location license | ||||||
22 | there shall be delivered to the Board a certified check or
| ||||||
23 | bank draft payable to the order of the Board for an amount | ||||||
24 | equal to $500.
The application shall be on forms prescribed | ||||||
25 | and furnished by the Board. The
application shall comply | ||||||
26 | with all other rules,
regulations and conditions imposed by |
| |||||||
| |||||||
1 | the Board in connection therewith.
| ||||||
2 | (2) The Board shall examine the applications with | ||||||
3 | respect to their
conformity with this Act and the rules and | ||||||
4 | regulations imposed by the
Board. If found to be in | ||||||
5 | compliance with the Act and rules and regulations
of the | ||||||
6 | Board, the Board may then issue a license to conduct | ||||||
7 | inter-track
wagering and simulcast wagering to such | ||||||
8 | applicant. All such applications
shall be acted upon by the | ||||||
9 | Board at a meeting to be held on such date as may be
fixed | ||||||
10 | by the Board.
| ||||||
11 | (3) In granting licenses to conduct inter-track | ||||||
12 | wagering and simulcast
wagering, the Board shall give due | ||||||
13 | consideration to
the best interests of the
public, of horse | ||||||
14 | racing, and of maximizing revenue to the State.
| ||||||
15 | (4) Prior to the issuance of a license to conduct | ||||||
16 | inter-track wagering
and simulcast wagering,
the applicant | ||||||
17 | shall file with the Board a bond payable to the State of | ||||||
18 | Illinois
in the sum of $50,000, executed by the applicant | ||||||
19 | and a surety company or
companies authorized to do business | ||||||
20 | in this State, and conditioned upon
(i) the payment by the | ||||||
21 | licensee of all taxes due under Section 27 or 27.1
and any | ||||||
22 | other monies due and payable under this Act, and (ii)
| ||||||
23 | distribution by the licensee, upon presentation of the | ||||||
24 | winning ticket or
tickets, of all sums payable to the | ||||||
25 | patrons of pari-mutuel pools.
| ||||||
26 | (5) Each license to conduct inter-track wagering and |
| |||||||
| |||||||
1 | simulcast
wagering shall specify the person
to whom it is | ||||||
2 | issued, the dates on which such wagering is permitted, and
| ||||||
3 | the track or location where the wagering is to be | ||||||
4 | conducted.
| ||||||
5 | (6) All wagering under such license is subject to this | ||||||
6 | Act and to the
rules and regulations from time to time | ||||||
7 | prescribed by the Board, and every
such license issued by | ||||||
8 | the Board shall contain a recital to that effect.
| ||||||
9 | (7) An inter-track wagering licensee or inter-track | ||||||
10 | wagering location
licensee may accept wagers at the track | ||||||
11 | or location
where it is licensed, or as otherwise provided | ||||||
12 | under this Act.
| ||||||
13 | (8) Inter-track wagering or simulcast wagering shall | ||||||
14 | not be
conducted
at any track less than 5 miles from a | ||||||
15 | track at which a racing meeting is in
progress.
| ||||||
16 | (8.1) Inter-track wagering location
licensees who | ||||||
17 | derive their licenses from a particular organization | ||||||
18 | licensee
shall conduct inter-track wagering and simulcast | ||||||
19 | wagering only at locations
which are either within 90
miles | ||||||
20 | of that race track where the particular organization | ||||||
21 | licensee is
licensed to conduct racing, or within 135 miles | ||||||
22 | of that race track
where
the particular organization | ||||||
23 | licensee is licensed to conduct racing
in the case
of race | ||||||
24 | tracks in counties of less than 400,000 that were operating | ||||||
25 | on or
before June 1, 1986. However, inter-track wagering | ||||||
26 | and simulcast wagering
shall not
be conducted by those |
| |||||||
| |||||||
1 | licensees at any location within 5 miles of any race
track | ||||||
2 | at which a
horse race meeting has been licensed in the | ||||||
3 | current year, unless the person
having operating control of | ||||||
4 | such race track has given its written consent
to such | ||||||
5 | inter-track wagering location licensees,
which consent
| ||||||
6 | must be filed with the Board at or prior to the time | ||||||
7 | application is made.
| ||||||
8 | (8.2) Inter-track wagering or simulcast wagering shall | ||||||
9 | not be
conducted by an inter-track
wagering location | ||||||
10 | licensee at any location within 500 feet of an
existing
| ||||||
11 | church or existing school, nor within 500 feet of the | ||||||
12 | residences
of more than 50 registered voters without
| ||||||
13 | receiving written permission from a majority of the | ||||||
14 | registered
voters at such residences.
Such written | ||||||
15 | permission statements shall be filed with the Board. The
| ||||||
16 | distance of 500 feet shall be measured to the nearest part | ||||||
17 | of any
building
used for worship services, education | ||||||
18 | programs, residential purposes, or
conducting inter-track | ||||||
19 | wagering by an inter-track wagering location
licensee, and | ||||||
20 | not to property boundaries. However, inter-track wagering | ||||||
21 | or
simulcast wagering may be conducted at a site within 500 | ||||||
22 | feet of
a church, school or residences
of 50 or more | ||||||
23 | registered voters if such church, school
or residences have | ||||||
24 | been erected
or established, or such voters have been | ||||||
25 | registered, after
the Board issues
the original | ||||||
26 | inter-track wagering location license at the site in |
| |||||||
| |||||||
1 | question.
Inter-track wagering location licensees may | ||||||
2 | conduct inter-track wagering
and simulcast wagering only | ||||||
3 | in areas that are zoned for
commercial or manufacturing | ||||||
4 | purposes or
in areas for which a special use has been | ||||||
5 | approved by the local zoning
authority. However, no license | ||||||
6 | to conduct inter-track wagering and simulcast
wagering | ||||||
7 | shall be
granted by the Board with respect to any | ||||||
8 | inter-track wagering location
within the jurisdiction of | ||||||
9 | any local zoning authority which has, by
ordinance or by | ||||||
10 | resolution, prohibited the establishment of an inter-track
| ||||||
11 | wagering location within its jurisdiction. However, | ||||||
12 | inter-track wagering
and simulcast wagering may be | ||||||
13 | conducted at a site if such ordinance or
resolution is | ||||||
14 | enacted after
the Board licenses the original inter-track | ||||||
15 | wagering location
licensee for the site in question.
| ||||||
16 | (9) (Blank).
| ||||||
17 | (10) An inter-track wagering licensee or an | ||||||
18 | inter-track wagering
location licensee may retain, subject | ||||||
19 | to the
payment of the privilege taxes and the purses, an | ||||||
20 | amount not to
exceed 17% of all money wagered. Each program | ||||||
21 | of racing conducted by
each inter-track wagering licensee | ||||||
22 | or inter-track wagering location
licensee shall be | ||||||
23 | considered a separate racing day for the purpose of
| ||||||
24 | determining the daily handle and computing the privilege | ||||||
25 | tax or pari-mutuel
tax on such daily
handle as provided in | ||||||
26 | Section 27.
|
| |||||||
| |||||||
1 | (10.1) Except as provided in subsection (g) of Section | ||||||
2 | 27 of this Act,
inter-track wagering location licensees | ||||||
3 | shall pay 1% of the
pari-mutuel handle at each location to | ||||||
4 | the municipality in which such
location is situated and 1% | ||||||
5 | of the pari-mutuel handle at each location to
the county in | ||||||
6 | which such location is situated. In the event that an
| ||||||
7 | inter-track wagering location licensee is situated in an | ||||||
8 | unincorporated
area of a county, such licensee shall pay 2% | ||||||
9 | of the pari-mutuel handle from
such location to such | ||||||
10 | county.
| ||||||
11 | (10.2) Notwithstanding any other provision of this | ||||||
12 | Act, with respect to
intertrack wagering at a race track | ||||||
13 | located in a
county that has a population of
more than | ||||||
14 | 230,000 and that is bounded by the Mississippi River ("the | ||||||
15 | first race
track"), or at a facility operated by an | ||||||
16 | inter-track wagering licensee or
inter-track wagering | ||||||
17 | location licensee that derives its license from the
| ||||||
18 | organization licensee that operates the first race track, | ||||||
19 | on races conducted at
the first race track or on races | ||||||
20 | conducted at another Illinois race track
and | ||||||
21 | simultaneously televised to the first race track or to a | ||||||
22 | facility operated
by an inter-track wagering licensee or | ||||||
23 | inter-track wagering location licensee
that derives its | ||||||
24 | license from the organization licensee that operates the | ||||||
25 | first
race track, those moneys shall be allocated as | ||||||
26 | follows:
|
| |||||||
| |||||||
1 | (A) That portion of all moneys wagered on | ||||||
2 | standardbred racing that is
required under this Act to | ||||||
3 | be paid to purses shall be paid to purses for
| ||||||
4 | standardbred races.
| ||||||
5 | (B) That portion of all moneys wagered on | ||||||
6 | thoroughbred racing
that is required under this Act to | ||||||
7 | be paid to purses shall be paid to purses
for | ||||||
8 | thoroughbred races.
| ||||||
9 | (11) (A) After payment of the privilege or pari-mutuel | ||||||
10 | tax, any other
applicable
taxes, and
the costs and expenses | ||||||
11 | in connection with the gathering, transmission, and
| ||||||
12 | dissemination of all data necessary to the conduct of | ||||||
13 | inter-track wagering,
the remainder of the monies retained | ||||||
14 | under either Section 26 or Section 26.2
of this Act by the | ||||||
15 | inter-track wagering licensee on inter-track wagering
| ||||||
16 | shall be allocated with 50% to be split between the
2 | ||||||
17 | participating licensees and 50% to purses, except
that an | ||||||
18 | intertrack wagering licensee that derives its
license from | ||||||
19 | a track located in a county with a population in excess of | ||||||
20 | 230,000
and that borders the Mississippi River shall not | ||||||
21 | divide any remaining
retention with the Illinois | ||||||
22 | organization licensee that provides the race or
races, and | ||||||
23 | an intertrack wagering licensee that accepts wagers on | ||||||
24 | races
conducted by an organization licensee that conducts a | ||||||
25 | race meet in a county
with a population in excess of | ||||||
26 | 230,000 and that borders the Mississippi River
shall not |
| |||||||
| |||||||
1 | divide any remaining retention with that organization | ||||||
2 | licensee.
| ||||||
3 | (B) From the
sums permitted to be retained pursuant to | ||||||
4 | this Act each inter-track wagering
location licensee shall | ||||||
5 | pay (i) the privilege or pari-mutuel tax to the
State; (ii) | ||||||
6 | 4.75% of the
pari-mutuel handle on intertrack wagering at | ||||||
7 | such location on
races as purses, except that
an intertrack | ||||||
8 | wagering location licensee that derives its license from a
| ||||||
9 | track located in a county with a population in excess of | ||||||
10 | 230,000 and that
borders the Mississippi River shall retain | ||||||
11 | all purse moneys for its own purse
account consistent with | ||||||
12 | distribution set forth in this subsection (h), and
| ||||||
13 | intertrack wagering location licensees that accept wagers | ||||||
14 | on races
conducted
by an organization licensee located in a | ||||||
15 | county with a population in excess of
230,000 and that | ||||||
16 | borders the Mississippi River shall distribute all purse
| ||||||
17 | moneys to purses at the operating host track; (iii) until | ||||||
18 | January 1, 2000,
except as
provided in
subsection (g) of | ||||||
19 | Section 27 of this Act, 1% of the
pari-mutuel handle | ||||||
20 | wagered on inter-track wagering and simulcast wagering at
| ||||||
21 | each inter-track wagering
location licensee facility to | ||||||
22 | the Horse Racing Tax Allocation Fund, provided
that, to the | ||||||
23 | extent the total amount collected and distributed to the | ||||||
24 | Horse
Racing Tax Allocation Fund under this subsection (h) | ||||||
25 | during any calendar year
exceeds the amount collected and | ||||||
26 | distributed to the Horse Racing Tax Allocation
Fund during |
| |||||||
| |||||||
1 | calendar year 1994, that excess amount shall be | ||||||
2 | redistributed (I)
to all inter-track wagering location | ||||||
3 | licensees, based on each licensee's
pro-rata share of the | ||||||
4 | total handle from inter-track wagering and simulcast
| ||||||
5 | wagering for all inter-track wagering location licensees | ||||||
6 | during the calendar
year in which this provision is | ||||||
7 | applicable; then (II) the amounts redistributed
to each | ||||||
8 | inter-track wagering location licensee as described in | ||||||
9 | subpart (I)
shall be further redistributed as provided in | ||||||
10 | subparagraph (B) of paragraph (5)
of subsection (g) of this | ||||||
11 | Section 26 provided first, that the shares of those
| ||||||
12 | amounts, which are to be redistributed to the host track or | ||||||
13 | to purses at the
host track under subparagraph (B) of | ||||||
14 | paragraph (5) of subsection (g) of this
Section 26 shall be
| ||||||
15 | redistributed based on each host track's pro rata share of | ||||||
16 | the total
inter-track
wagering and simulcast wagering | ||||||
17 | handle at all host tracks during the calendar
year in | ||||||
18 | question, and second, that any amounts redistributed as | ||||||
19 | described in
part (I) to an inter-track wagering location | ||||||
20 | licensee that accepts
wagers on races conducted by an | ||||||
21 | organization licensee that conducts a race meet
in a county | ||||||
22 | with a population in excess of 230,000 and that borders the
| ||||||
23 | Mississippi River shall be further redistributed as | ||||||
24 | provided in subparagraphs
(D) and (E) of paragraph (7) of | ||||||
25 | subsection (g) of this Section 26, with the
portion of that
| ||||||
26 | further redistribution allocated to purses at that |
| |||||||
| |||||||
1 | organization licensee to be
divided between standardbred | ||||||
2 | purses and thoroughbred purses based on the
amounts | ||||||
3 | otherwise allocated to purses at that organization | ||||||
4 | licensee during the
calendar year in question; and (iv) 8% | ||||||
5 | of the pari-mutuel handle on
inter-track wagering wagered | ||||||
6 | at
such location to satisfy all costs and expenses of | ||||||
7 | conducting its wagering. The
remainder of the monies | ||||||
8 | retained by the inter-track wagering location licensee
| ||||||
9 | shall be allocated 40% to the location licensee and 60% to | ||||||
10 | the organization
licensee which provides the Illinois | ||||||
11 | races to the location, except that an
intertrack wagering | ||||||
12 | location
licensee that derives its license from a track | ||||||
13 | located in a county with a
population in excess of 230,000 | ||||||
14 | and that borders the Mississippi River shall
not divide any | ||||||
15 | remaining retention with the organization licensee that | ||||||
16 | provides
the race or races and an intertrack wagering | ||||||
17 | location licensee that accepts
wagers on races conducted by | ||||||
18 | an organization licensee that conducts a race meet
in a | ||||||
19 | county with a population in excess of 230,000 and that | ||||||
20 | borders the
Mississippi River shall not divide any | ||||||
21 | remaining retention with the
organization licensee.
| ||||||
22 | Notwithstanding the provisions of clauses (ii) and (iv) of | ||||||
23 | this
paragraph, in the case of the additional inter-track | ||||||
24 | wagering location licenses
authorized under paragraph (1) | ||||||
25 | of this subsection (h) by this amendatory
Act of 1991, | ||||||
26 | those licensees shall pay the following amounts as purses:
|
| |||||||
| |||||||
1 | during the first 12 months the licensee is in operation, | ||||||
2 | 5.25% of
the
pari-mutuel handle wagered at the location on | ||||||
3 | races; during the second 12
months, 5.25%; during the third | ||||||
4 | 12 months, 5.75%;
during
the fourth 12 months,
6.25%; and | ||||||
5 | during the fifth 12 months and thereafter, 6.75%. The
| ||||||
6 | following amounts shall be retained by the licensee to | ||||||
7 | satisfy all costs
and expenses of conducting its wagering: | ||||||
8 | during the first 12 months the
licensee is in operation, | ||||||
9 | 8.25% of the pari-mutuel handle wagered
at the
location; | ||||||
10 | during the second 12 months, 8.25%; during the third 12
| ||||||
11 | months, 7.75%;
during the fourth 12 months, 7.25%; and | ||||||
12 | during the fifth 12 months
and
thereafter, 6.75%.
For | ||||||
13 | additional intertrack wagering location licensees | ||||||
14 | authorized under this
amendatory
Act of 1995, purses for | ||||||
15 | the first 12 months the licensee is in operation shall
be | ||||||
16 | 5.75% of the pari-mutuel wagered
at the location, purses | ||||||
17 | for the second 12 months the licensee is in operation
shall | ||||||
18 | be 6.25%, and purses
thereafter shall be 6.75%. For | ||||||
19 | additional intertrack location
licensees
authorized under
| ||||||
20 | this amendatory Act of 1995, the licensee shall be allowed | ||||||
21 | to retain to satisfy
all costs and expenses: 7.75% of the | ||||||
22 | pari-mutuel handle wagered at
the location
during its first | ||||||
23 | 12 months of operation, 7.25% during its second
12
months | ||||||
24 | of
operation, and 6.75% thereafter.
| ||||||
25 | (C) There is hereby created the Horse Racing Tax | ||||||
26 | Allocation Fund
which shall remain in existence until |
| |||||||
| |||||||
1 | December 31, 1999. Moneys
remaining in the Fund after | ||||||
2 | December 31, 1999
shall be paid into the
General Revenue | ||||||
3 | Fund. Until January 1, 2000,
all monies paid into the Horse | ||||||
4 | Racing Tax Allocation Fund pursuant to this
paragraph (11) | ||||||
5 | by inter-track wagering location licensees located in park
| ||||||
6 | districts of 500,000 population or less, or in a | ||||||
7 | municipality that is not
included within any park district | ||||||
8 | but is included within a conservation
district and is the | ||||||
9 | county seat of a county that (i) is contiguous to the state
| ||||||
10 | of Indiana and (ii) has a 1990 population of 88,257 | ||||||
11 | according to the United
States Bureau of the Census, and | ||||||
12 | operating on May 1, 1994 shall be
allocated by | ||||||
13 | appropriation as follows:
| ||||||
14 | Two-sevenths to the Department of Agriculture. | ||||||
15 | Fifty percent of
this two-sevenths shall be used to | ||||||
16 | promote the Illinois horse racing and
breeding | ||||||
17 | industry, and shall be distributed by the Department of | ||||||
18 | Agriculture
upon the advice of a 9-member committee | ||||||
19 | appointed by the Governor consisting of
the following | ||||||
20 | members: the Director of Agriculture, who shall serve | ||||||
21 | as
chairman; 2 representatives of organization | ||||||
22 | licensees conducting thoroughbred
race meetings in | ||||||
23 | this State, recommended by those licensees; 2 | ||||||
24 | representatives
of organization licensees conducting | ||||||
25 | standardbred race meetings in this State,
recommended | ||||||
26 | by those licensees; a representative of the Illinois
|
| |||||||
| |||||||
1 | Thoroughbred Breeders and Owners Foundation, | ||||||
2 | recommended by that
Foundation; a representative of | ||||||
3 | the Illinois Standardbred Owners and
Breeders | ||||||
4 | Association, recommended
by that Association; a | ||||||
5 | representative of
the Horsemen's Benevolent and | ||||||
6 | Protective Association or any successor
organization | ||||||
7 | thereto established in Illinois comprised of the | ||||||
8 | largest number of
owners and trainers, recommended by | ||||||
9 | that
Association or that successor organization; and a
| ||||||
10 | representative of the Illinois Harness Horsemen's
| ||||||
11 | Association, recommended by that Association. | ||||||
12 | Committee members shall
serve for terms of 2 years, | ||||||
13 | commencing January 1 of each even-numbered
year. If a | ||||||
14 | representative of any of the above-named entities has | ||||||
15 | not been
recommended by January 1 of any even-numbered | ||||||
16 | year, the Governor shall
appoint a committee member to | ||||||
17 | fill that position. Committee members shall
receive no | ||||||
18 | compensation for their services as members but shall be
| ||||||
19 | reimbursed for all actual and necessary expenses and | ||||||
20 | disbursements incurred
in the performance of their | ||||||
21 | official duties. The remaining 50% of this
| ||||||
22 | two-sevenths shall be distributed to county fairs for | ||||||
23 | premiums and
rehabilitation as set forth in the | ||||||
24 | Agricultural Fair Act;
| ||||||
25 | Four-sevenths to park districts or municipalities | ||||||
26 | that do not have a
park district of 500,000 population |
| |||||||
| |||||||
1 | or less for museum purposes (if an
inter-track wagering | ||||||
2 | location licensee is located in such a park district) | ||||||
3 | or
to conservation districts for museum purposes (if an | ||||||
4 | inter-track wagering
location licensee is located in a | ||||||
5 | municipality that is not included within any
park | ||||||
6 | district but is included within a conservation | ||||||
7 | district and is the county
seat of a county that (i) is | ||||||
8 | contiguous to the state of Indiana and (ii) has a
1990 | ||||||
9 | population of 88,257 according to the United States | ||||||
10 | Bureau of the Census,
except that if the conservation | ||||||
11 | district does not maintain a museum, the monies
shall | ||||||
12 | be allocated equally between the county and the | ||||||
13 | municipality in which the
inter-track wagering | ||||||
14 | location licensee is located for general purposes) or | ||||||
15 | to a
municipal recreation board for park purposes (if | ||||||
16 | an inter-track wagering
location licensee is located | ||||||
17 | in a municipality that is not included within any
park | ||||||
18 | district and park maintenance is the function of the | ||||||
19 | municipal recreation
board and the municipality has a | ||||||
20 | 1990 population of 9,302 according to the
United States | ||||||
21 | Bureau of the Census); provided that the monies are | ||||||
22 | distributed
to each park district or conservation | ||||||
23 | district or municipality that does not
have a park | ||||||
24 | district in an amount equal to four-sevenths of the | ||||||
25 | amount
collected by each inter-track wagering location | ||||||
26 | licensee within the park
district or conservation |
| |||||||
| |||||||
1 | district or municipality for the Fund. Monies that
were | ||||||
2 | paid into the Horse Racing Tax Allocation Fund before | ||||||
3 | the effective date
of this amendatory Act of 1991 by an | ||||||
4 | inter-track wagering location licensee
located in a | ||||||
5 | municipality that is not included within any park | ||||||
6 | district but is
included within a conservation | ||||||
7 | district as provided in this paragraph shall, as
soon | ||||||
8 | as practicable after the effective date of this | ||||||
9 | amendatory Act of 1991, be
allocated and paid to that | ||||||
10 | conservation district as provided in this paragraph.
| ||||||
11 | Any park district or municipality not maintaining a | ||||||
12 | museum may deposit the
monies in the corporate fund of | ||||||
13 | the park district or municipality where the
| ||||||
14 | inter-track wagering location is located, to be used | ||||||
15 | for general purposes;
and
| ||||||
16 | One-seventh to the Agricultural Premium Fund to be | ||||||
17 | used for distribution
to agricultural home economics | ||||||
18 | extension councils in accordance with "An
Act in | ||||||
19 | relation to additional support and finances for the | ||||||
20 | Agricultural and
Home Economic Extension Councils in | ||||||
21 | the several counties of this State and
making an | ||||||
22 | appropriation therefor", approved July 24, 1967.
| ||||||
23 | Until January 1, 2000, all other
monies paid into the | ||||||
24 | Horse Racing Tax
Allocation Fund pursuant to
this paragraph | ||||||
25 | (11) shall be allocated by appropriation as follows:
| ||||||
26 | Two-sevenths to the Department of Agriculture. |
| |||||||
| |||||||
1 | Fifty percent of this
two-sevenths shall be used to | ||||||
2 | promote the Illinois horse racing and breeding
| ||||||
3 | industry, and shall be distributed by the Department of | ||||||
4 | Agriculture upon the
advice of a 9-member committee | ||||||
5 | appointed by the Governor consisting of the
following | ||||||
6 | members: the Director of Agriculture, who shall serve | ||||||
7 | as chairman; 2
representatives of organization | ||||||
8 | licensees conducting thoroughbred race meetings
in | ||||||
9 | this State, recommended by those licensees; 2 | ||||||
10 | representatives of
organization licensees conducting | ||||||
11 | standardbred race meetings in this State,
recommended | ||||||
12 | by those licensees; a representative of the Illinois | ||||||
13 | Thoroughbred
Breeders and Owners Foundation, | ||||||
14 | recommended by that Foundation; a
representative of | ||||||
15 | the Illinois Standardbred Owners and Breeders | ||||||
16 | Association,
recommended by that Association; a | ||||||
17 | representative of the Horsemen's Benevolent
and | ||||||
18 | Protective Association or any successor organization | ||||||
19 | thereto established
in Illinois comprised of the | ||||||
20 | largest number of owners and trainers,
recommended by | ||||||
21 | that Association or that successor organization; and a
| ||||||
22 | representative of the Illinois Harness Horsemen's | ||||||
23 | Association, recommended by
that Association. | ||||||
24 | Committee members shall serve for terms of 2 years,
| ||||||
25 | commencing January 1 of each even-numbered year. If a | ||||||
26 | representative of any of
the above-named entities has |
| |||||||
| |||||||
1 | not been recommended by January 1 of any
even-numbered | ||||||
2 | year, the Governor shall appoint a committee member to | ||||||
3 | fill that
position. Committee members shall receive no | ||||||
4 | compensation for their services
as members but shall be | ||||||
5 | reimbursed for all actual and necessary expenses and
| ||||||
6 | disbursements incurred in the performance of their | ||||||
7 | official duties. The
remaining 50% of this | ||||||
8 | two-sevenths shall be distributed to county fairs for
| ||||||
9 | premiums and rehabilitation as set forth in the | ||||||
10 | Agricultural Fair Act;
| ||||||
11 | Four-sevenths to museums and aquariums located in | ||||||
12 | park districts of over
500,000 population; provided | ||||||
13 | that the monies are distributed in accordance with
the | ||||||
14 | previous year's distribution of the maintenance tax | ||||||
15 | for such museums and
aquariums as provided in Section 2 | ||||||
16 | of the Park District Aquarium and Museum
Act; and
| ||||||
17 | One-seventh to the Agricultural Premium Fund to be | ||||||
18 | used for distribution
to agricultural home economics | ||||||
19 | extension councils in accordance with "An Act
in | ||||||
20 | relation to additional support and finances for the | ||||||
21 | Agricultural and
Home Economic Extension Councils in | ||||||
22 | the several counties of this State and
making an | ||||||
23 | appropriation therefor", approved July 24, 1967.
This | ||||||
24 | subparagraph (C) shall be inoperative and of no force | ||||||
25 | and effect on and
after January 1, 2000.
| ||||||
26 | (D) Except as provided in paragraph (11) of this |
| |||||||
| |||||||
1 | subsection (h),
with respect to purse allocation from | ||||||
2 | intertrack wagering, the monies so
retained shall be | ||||||
3 | divided as follows:
| ||||||
4 | (i) If the inter-track wagering licensee, | ||||||
5 | except an intertrack
wagering licensee that | ||||||
6 | derives its license from an organization
licensee | ||||||
7 | located in a county with a population in excess of | ||||||
8 | 230,000 and bounded
by the Mississippi River, is | ||||||
9 | not conducting its own
race meeting during the same | ||||||
10 | dates, then the entire purse allocation shall be
to | ||||||
11 | purses at the track where the races wagered on are | ||||||
12 | being conducted.
| ||||||
13 | (ii) If the inter-track wagering licensee, | ||||||
14 | except an intertrack
wagering licensee that | ||||||
15 | derives its license from an organization
licensee | ||||||
16 | located in a county with a population in excess of | ||||||
17 | 230,000 and bounded
by the Mississippi River, is | ||||||
18 | also
conducting its own
race meeting during the | ||||||
19 | same dates, then the purse allocation shall be as
| ||||||
20 | follows: 50% to purses at the track where the races | ||||||
21 | wagered on are
being conducted; 50% to purses at | ||||||
22 | the track where the inter-track
wagering licensee | ||||||
23 | is accepting such wagers.
| ||||||
24 | (iii) If the inter-track wagering is being | ||||||
25 | conducted by an inter-track
wagering location | ||||||
26 | licensee, except an intertrack wagering location |
| |||||||
| |||||||
1 | licensee
that derives its license from an | ||||||
2 | organization licensee located in a
county with a | ||||||
3 | population in excess of 230,000 and bounded by the | ||||||
4 | Mississippi
River, the entire purse allocation for | ||||||
5 | Illinois races shall
be to purses at the track | ||||||
6 | where the race meeting being wagered on is being
| ||||||
7 | held.
| ||||||
8 | (12) The Board shall have all powers necessary and | ||||||
9 | proper to fully
supervise and control the conduct of
| ||||||
10 | inter-track wagering and simulcast
wagering by inter-track | ||||||
11 | wagering licensees and inter-track wagering location
| ||||||
12 | licensees, including, but not
limited to the following:
| ||||||
13 | (A) The Board is vested with power to promulgate | ||||||
14 | reasonable rules and
regulations for the purpose of | ||||||
15 | administering the
conduct of this
wagering and to | ||||||
16 | prescribe reasonable rules, regulations and conditions | ||||||
17 | under
which such wagering shall be held and conducted. | ||||||
18 | Such rules and regulations
are to provide for the | ||||||
19 | prevention of practices detrimental to the public
| ||||||
20 | interest and for
the best interests of said wagering | ||||||
21 | and to impose penalties
for violations thereof.
| ||||||
22 | (B) The Board, and any person or persons to whom it | ||||||
23 | delegates this
power, is vested with the power to enter | ||||||
24 | the
facilities of any licensee to determine whether | ||||||
25 | there has been
compliance with the provisions of this | ||||||
26 | Act and the rules and regulations
relating to the |
| |||||||
| |||||||
1 | conduct of such wagering.
| ||||||
2 | (C) The Board, and any person or persons to whom it | ||||||
3 | delegates this
power, may eject or exclude from any | ||||||
4 | licensee's facilities, any person whose
conduct or | ||||||
5 | reputation
is such that his presence on such premises | ||||||
6 | may, in the opinion of the Board,
call into the | ||||||
7 | question the honesty and integrity of, or interfere | ||||||
8 | with the
orderly conduct of such wagering; provided, | ||||||
9 | however, that no person shall
be excluded or ejected | ||||||
10 | from such premises solely on the grounds of race,
| ||||||
11 | color, creed, national origin, ancestry, or sex.
| ||||||
12 | (D) (Blank).
| ||||||
13 | (E) The Board is vested with the power to appoint | ||||||
14 | delegates to execute
any of the powers granted to it | ||||||
15 | under this Section for the purpose of
administering | ||||||
16 | this wagering and any
rules and
regulations
| ||||||
17 | promulgated in accordance with this Act.
| ||||||
18 | (F) The Board shall name and appoint a State | ||||||
19 | director of this wagering
who shall be a representative | ||||||
20 | of the Board and whose
duty it shall
be to supervise | ||||||
21 | the conduct of inter-track wagering as may be provided | ||||||
22 | for
by the rules and regulations of the Board; such | ||||||
23 | rules and regulation shall
specify the method of | ||||||
24 | appointment and the Director's powers, authority and
| ||||||
25 | duties.
| ||||||
26 | (G) The Board is vested with the power to impose |
| |||||||
| |||||||
1 | civil penalties of up
to $5,000 against individuals and | ||||||
2 | up to $10,000 against
licensees for each violation of | ||||||
3 | any provision of
this Act relating to the conduct of | ||||||
4 | this wagering, any
rules adopted
by the Board, any | ||||||
5 | order of the Board or any other action which in the | ||||||
6 | Board's
discretion, is a detriment or impediment to | ||||||
7 | such wagering.
| ||||||
8 | (13) The Department of Agriculture may enter into | ||||||
9 | agreements with
licensees authorizing such licensees to | ||||||
10 | conduct inter-track
wagering on races to be held at the | ||||||
11 | licensed race meetings conducted by the
Department of | ||||||
12 | Agriculture. Such
agreement shall specify the races of the | ||||||
13 | Department of Agriculture's
licensed race meeting upon | ||||||
14 | which the licensees will conduct wagering. In the
event | ||||||
15 | that a licensee
conducts inter-track pari-mutuel wagering | ||||||
16 | on races from the Illinois State Fair
or DuQuoin State Fair | ||||||
17 | which are in addition to the licensee's previously
approved | ||||||
18 | racing program, those races shall be considered a separate | ||||||
19 | racing day
for the
purpose of determining the daily handle | ||||||
20 | and computing the privilege or
pari-mutuel tax on
that | ||||||
21 | daily handle as provided in Sections 27
and 27.1. Such
| ||||||
22 | agreements shall be approved by the Board before such | ||||||
23 | wagering may be
conducted. In determining whether to grant | ||||||
24 | approval, the Board shall give
due consideration to the | ||||||
25 | best interests of the public and of horse racing.
The | ||||||
26 | provisions of paragraphs (1), (8), (8.1), and (8.2) of
|
| |||||||
| |||||||
1 | subsection (h) of this
Section which are not specified in | ||||||
2 | this paragraph (13) shall not apply to
licensed race | ||||||
3 | meetings conducted by the Department of Agriculture at the
| ||||||
4 | Illinois State Fair in Sangamon County or the DuQuoin State | ||||||
5 | Fair in Perry
County, or to any wagering conducted on
those | ||||||
6 | race meetings.
| ||||||
7 | (i) Notwithstanding the other provisions of this Act, the | ||||||
8 | conduct of
wagering at wagering facilities is authorized on all | ||||||
9 | days, except as limited by
subsection (b) of Section 19 of this | ||||||
10 | Act.
| ||||||
11 | (Source: P.A. 96-762, eff. 8-25-09.)
| ||||||
12 | (230 ILCS 5/26.1)
(from Ch. 8, par. 37-26.1)
| ||||||
13 | Sec. 26.1. For all pari-mutuel wagering conducted pursuant | ||||||
14 | to this Act,
breakage shall be at all times computed on the | ||||||
15 | basis of not to exceed 10¢ on
the dollar. If there is a minus | ||||||
16 | pool, the breakage shall be computed on the
basis of not to | ||||||
17 | exceed 5¢ on the dollar. Breakage shall be calculated only
| ||||||
18 | after the amounts retained by licensees pursuant to Sections 26 | ||||||
19 | and 26.2 of
this Act, and all applicable surcharges, are taken | ||||||
20 | out of winning wagers and
winnings from wagers. From
Beginning
| ||||||
21 | January 1, 2000 until July 1,
2010 , all breakage shall be | ||||||
22 | retained by licensees, with 50% of breakage to be
used by | ||||||
23 | licensees for racetrack improvements at the racetrack from | ||||||
24 | which the
wagering facility derives its license. The remaining | ||||||
25 | 50% is to be allocated
50% to the purse account for the |
| |||||||
| |||||||
1 | licensee from which the wagering facility
derives its license | ||||||
2 | and 50% to the licensee. Beginning July 1, 2010, all
breakage | ||||||
3 | shall be retained by licensees, with 50% of breakage to be used | ||||||
4 | by
licensees for racetrack improvements at the racetrack from | ||||||
5 | which the wagering
facility derives its license. The remaining | ||||||
6 | 50% is to be allocated to the
purse account for the licensee | ||||||
7 | from which the wagering facility derives its
license.
| ||||||
8 | (Source: P.A. 91-40, eff. 6-25-99.)
| ||||||
9 | (230 ILCS 5/27) (from Ch. 8, par. 37-27)
| ||||||
10 | Sec. 27. (a) In addition to the organization license fee | ||||||
11 | provided
by this Act, until January 1, 2000, a
graduated | ||||||
12 | privilege tax is hereby
imposed for conducting
the pari-mutuel | ||||||
13 | system of wagering permitted under this
Act. Until January 1, | ||||||
14 | 2000, except as provided in subsection (g) of
Section 27 of | ||||||
15 | this Act, all of
the breakage of each racing day held by any | ||||||
16 | licensee in the State shall be paid
to the State.
Until January | ||||||
17 | 1, 2000, such daily graduated privilege tax shall be paid by
| ||||||
18 | the
licensee from the amount permitted to be retained under | ||||||
19 | this Act.
Until January 1, 2000, each day's
graduated privilege | ||||||
20 | tax, breakage, and Horse Racing Tax Allocation
funds shall be | ||||||
21 | remitted to the Department of Revenue within 48 hours after the
| ||||||
22 | close of the racing day upon which it is assessed or within | ||||||
23 | such other time as
the Board prescribes. The privilege tax | ||||||
24 | hereby imposed, until January
1, 2000, shall be a flat tax at
| ||||||
25 | the rate of 2% of the daily pari-mutuel handle except as |
| |||||||
| |||||||
1 | provided in Section
27.1.
| ||||||
2 | In addition, every organization licensee, except as
| ||||||
3 | provided in Section 27.1 of this Act, which conducts multiple
| ||||||
4 | wagering shall pay, until January 1, 2000,
as a privilege tax | ||||||
5 | on multiple
wagers an amount
equal to 1.25% of all moneys | ||||||
6 | wagered each day on such multiple wagers,
plus an additional | ||||||
7 | amount equal to 3.5% of the amount wagered each day on any
| ||||||
8 | other multiple wager which involves a single
betting interest | ||||||
9 | on 3 or more horses. The licensee shall remit the amount of
| ||||||
10 | such taxes to the Department of Revenue within 48 hours after | ||||||
11 | the close of
the racing day on which it is assessed or within | ||||||
12 | such other time as the Board
prescribes.
| ||||||
13 | This subsection (a) shall be inoperative and of no force | ||||||
14 | and effect on and
after January 1, 2000.
| ||||||
15 | (a-5) Beginning on January 1, 2000, a
flat
pari-mutuel tax | ||||||
16 | at the rate of 1.5% of
the daily
pari-mutuel handle is imposed | ||||||
17 | at all pari-mutuel wagering facilities and on advance deposit | ||||||
18 | wagering from a location other than a wagering facility, except | ||||||
19 | as otherwise provided for in this subsection (a-5). In addition | ||||||
20 | to the pari-mutuel tax imposed on advance deposit wagering | ||||||
21 | pursuant to this subsection (a-5), an additional pari-mutuel | ||||||
22 | tax at the rate of 0.25% shall be imposed on advance deposit | ||||||
23 | wagering, the amount of which shall not exceed $250,000 in each | ||||||
24 | calendar year. The additional 0.25% pari-mutuel tax imposed on | ||||||
25 | advance deposit wagering by this amendatory Act of the 96th | ||||||
26 | General Assembly shall be deposited into the Quarter Horse |
| |||||||
| |||||||
1 | Purse Fund, which shall be created as a non-appropriated trust | ||||||
2 | fund administered by the Board for grants to thoroughbred | ||||||
3 | organization licensees for payment of purses for quarter horse | ||||||
4 | races conducted by the organization licensee. Thoroughbred | ||||||
5 | organization licensees may petition the Board to conduct | ||||||
6 | quarter horse racing and receive purse grants from the Quarter | ||||||
7 | Horse Purse Fund. The Board shall have complete discretion in | ||||||
8 | distributing the Quarter Horse Purse Fund to the petitioning | ||||||
9 | organization licensees. Beginning on the effective date of this | ||||||
10 | amendatory Act of the 94th General Assembly and until moneys | ||||||
11 | deposited pursuant to Section 54 are distributed and received, | ||||||
12 | a pari-mutuel tax at the rate of 0.25% of the daily pari-mutuel | ||||||
13 | handle is imposed at a pari-mutuel facility whose license is | ||||||
14 | derived from a track located in a county that borders the | ||||||
15 | Mississippi River and conducted live racing in the previous | ||||||
16 | year. After moneys deposited pursuant to Section 54 are | ||||||
17 | distributed and received, a pari-mutuel tax at the rate of 1.5% | ||||||
18 | of the daily pari-mutuel handle is imposed at a pari-mutuel | ||||||
19 | facility whose license is derived from a track located in a | ||||||
20 | county that borders the Mississippi River and conducted live | ||||||
21 | racing in the previous year. The pari-mutuel tax imposed by | ||||||
22 | this subsection (a-5)
shall be remitted to the Department of
| ||||||
23 | Revenue within 48 hours after the close of the racing day upon | ||||||
24 | which it is
assessed or within such other time as the Board | ||||||
25 | prescribes.
| ||||||
26 | (b) On or before December 31, 1999, in
the event that any |
| |||||||
| |||||||
1 | organization
licensee conducts
2 separate programs
of races on | ||||||
2 | any day, each such program shall be considered a separate
| ||||||
3 | racing day for purposes of determining the daily handle and | ||||||
4 | computing
the privilege tax on such daily handle as provided in | ||||||
5 | subsection (a) of
this Section.
| ||||||
6 | (c) Licensees shall at all times keep accurate
books
and | ||||||
7 | records of all monies wagered on each day of a race meeting and | ||||||
8 | of
the taxes paid to the Department of Revenue under the | ||||||
9 | provisions of this
Section. The Board or its duly authorized | ||||||
10 | representative or
representatives shall at all reasonable | ||||||
11 | times have access to such
records for the purpose of examining | ||||||
12 | and checking the same and
ascertaining whether the proper | ||||||
13 | amount of taxes is being paid as
provided. The Board shall | ||||||
14 | require verified reports and a statement of
the total of all | ||||||
15 | monies wagered daily at each wagering facility upon which
the | ||||||
16 | taxes are assessed and may prescribe forms upon which such | ||||||
17 | reports
and statement shall be made.
| ||||||
18 | (d) Any licensee failing or refusing to pay the amount
of | ||||||
19 | any tax due under this Section shall be guilty of a business | ||||||
20 | offense
and upon conviction shall be fined not more than $5,000 | ||||||
21 | in addition to
the amount found due as tax under this Section. | ||||||
22 | Each day's violation
shall constitute a separate offense. All | ||||||
23 | fines paid into Court by a licensee hereunder shall be | ||||||
24 | transmitted and paid over by
the Clerk of the Court to the | ||||||
25 | Board.
| ||||||
26 | (e) No other license fee, privilege tax, excise tax, or
|
| |||||||
| |||||||
1 | racing fee, except as provided in this Act, shall be assessed | ||||||
2 | or
collected from any such licensee by the State.
| ||||||
3 | (f) No other license fee, privilege tax, excise tax or | ||||||
4 | racing fee shall be
assessed or collected from any such | ||||||
5 | licensee by units of local government
except as provided in | ||||||
6 | paragraph 10.1 of subsection (h) and subsection (f) of
Section | ||||||
7 | 26 of this Act. However, any municipality that has a Board | ||||||
8 | licensed
horse race meeting at a race track wholly within its | ||||||
9 | corporate boundaries or a
township that has a Board licensed | ||||||
10 | horse race meeting at a race track wholly
within the | ||||||
11 | unincorporated area of the township may charge a local
| ||||||
12 | amusement tax not to exceed 10¢ per admission to such horse | ||||||
13 | race meeting
by the enactment of an ordinance. However, any | ||||||
14 | municipality or county
that has a Board licensed inter-track | ||||||
15 | wagering location facility wholly
within its corporate | ||||||
16 | boundaries may each impose an admission fee not
to exceed $1.00 | ||||||
17 | per admission to such inter-track wagering location facility,
| ||||||
18 | so that a total of not more than $2.00 per admission may be | ||||||
19 | imposed.
Except as provided in subparagraph (g) of Section 27 | ||||||
20 | of this Act, the
inter-track wagering location licensee shall | ||||||
21 | collect any and all such fees
and within 48 hours remit the | ||||||
22 | fees to the Board, which shall, pursuant to
rule, cause the | ||||||
23 | fees to be distributed to the county or municipality.
| ||||||
24 | (g) Notwithstanding any provision in this Act to the | ||||||
25 | contrary, if in any
calendar year the total taxes and fees from | ||||||
26 | wagering on live racing and from
inter-track wagering required |
| |||||||
| |||||||
1 | to be collected from
licensees and distributed under this Act | ||||||
2 | to all State and local governmental
authorities exceeds the | ||||||
3 | amount of such taxes and fees distributed to each State
and | ||||||
4 | local governmental authority to which each State and local | ||||||
5 | governmental
authority was entitled under this Act for calendar | ||||||
6 | year 1994, then the first
$11 million of that excess amount | ||||||
7 | shall be allocated at the earliest possible
date for | ||||||
8 | distribution as purse money for the succeeding calendar year.
| ||||||
9 | Upon reaching the 1994 level, and until the excess amount of | ||||||
10 | taxes and fees
exceeds $11 million, the Board shall direct all | ||||||
11 | licensees to cease paying the
subject taxes and fees and the | ||||||
12 | Board shall direct all licensees to allocate any such excess | ||||||
13 | amount for purses as
follows:
| ||||||
14 | (i) the excess amount shall be initially divided | ||||||
15 | between thoroughbred and
standardbred purses based on the | ||||||
16 | thoroughbred's and standardbred's respective
percentages | ||||||
17 | of total Illinois live wagering in calendar year 1994;
| ||||||
18 | (ii) each thoroughbred and standardbred organization | ||||||
19 | licensee issued an
organization licensee in that | ||||||
20 | succeeding allocation year shall
be
allocated an amount | ||||||
21 | equal to the product of its percentage of total
Illinois
| ||||||
22 | live thoroughbred or standardbred wagering in calendar | ||||||
23 | year 1994 (the total to
be determined based on the sum of | ||||||
24 | 1994 on-track wagering for all organization
licensees | ||||||
25 | issued organization licenses in both the allocation year | ||||||
26 | and the
preceding year) multiplied by
the total amount |
| |||||||
| |||||||
1 | allocated for standardbred or thoroughbred purses, | ||||||
2 | provided
that the first $1,500,000 of the amount allocated | ||||||
3 | to standardbred
purses under item (i) shall be allocated to | ||||||
4 | the Department of
Agriculture to be expended with the | ||||||
5 | assistance and advice of the Illinois
Standardbred | ||||||
6 | Breeders Funds Advisory Board for the purposes listed in
| ||||||
7 | subsection (g) of Section 31 of this Act, before the amount | ||||||
8 | allocated to
standardbred purses under item (i) is | ||||||
9 | allocated to standardbred
organization licensees in the | ||||||
10 | succeeding allocation year.
| ||||||
11 | To the extent the excess amount of taxes and fees to be | ||||||
12 | collected and
distributed to State and local governmental | ||||||
13 | authorities exceeds $11 million,
that excess amount shall be | ||||||
14 | collected and distributed to State and local
authorities as | ||||||
15 | provided for under this Act.
| ||||||
16 | (Source: P.A. 96-762, eff. 8-25-09.)
| ||||||
17 | (230 ILCS 5/31)
(from Ch. 8, par. 37-31)
| ||||||
18 | Sec. 31. (a) The General Assembly declares that it is the | ||||||
19 | policy of
this State to encourage the breeding of standardbred | ||||||
20 | horses in this
State and the ownership of such horses by | ||||||
21 | residents of this State in
order to provide for: sufficient | ||||||
22 | numbers of high quality standardbred
horses to participate in | ||||||
23 | harness racing meetings in this State, and to
establish and | ||||||
24 | preserve the agricultural and commercial benefits of such
| ||||||
25 | breeding and racing industries to the State of Illinois. It is |
| |||||||
| |||||||
1 | the
intent of the General Assembly to further this policy by | ||||||
2 | the provisions
of this Section of this Act.
| ||||||
3 | (b) Each organization licensee conducting a harness
racing | ||||||
4 | meeting pursuant to this Act shall provide for at least two | ||||||
5 | races each
race program limited to
Illinois conceived and | ||||||
6 | foaled horses. A minimum of 6 races shall be
conducted each | ||||||
7 | week limited to Illinois conceived and foaled horses. No
horses | ||||||
8 | shall be permitted to start in such races unless duly | ||||||
9 | registered
under the rules of the Department of Agriculture.
| ||||||
10 | (b-5) Each organization licensee conducting a harness | ||||||
11 | racing meeting
pursuant to this Act shall provide stakes races | ||||||
12 | and early closer races for
Illinois conceived and foaled horses | ||||||
13 | so the total purses distributed for such
races shall be no less | ||||||
14 | than 17% of the total purses distributed at the meeting.
| ||||||
15 | (b-10) Each organization licensee conducting a harness | ||||||
16 | racing meeting
pursuant to this Act shall provide an owner | ||||||
17 | award to be paid from the purse
account equal to 25% of the | ||||||
18 | amount earned by Illinois conceived and foaled
horses in races | ||||||
19 | that are not restricted to Illinois conceived and foaled
| ||||||
20 | horses.
| ||||||
21 | (c) Conditions of races under subsection (b) shall be | ||||||
22 | commensurate
with past performance, quality and class of | ||||||
23 | Illinois conceived and
foaled horses available. If, however, | ||||||
24 | sufficient competition cannot be
had among horses of that class | ||||||
25 | on any day, the races may, with consent
of the Board, be | ||||||
26 | eliminated for that day and substitute races provided.
|
| |||||||
| |||||||
1 | (d) There is hereby created a special fund of the State | ||||||
2 | Treasury to
be known as the Illinois Standardbred Breeders | ||||||
3 | Fund. Beginning on the effective date of this amendatory Act of | ||||||
4 | the 96th General Assembly, the Illinois Standardbred Breeders | ||||||
5 | Fund shall become a non-appropriated trust fund held separate | ||||||
6 | and apart from State moneys. Expenditures from this fund are no | ||||||
7 | longer be subject to appropriation.
| ||||||
8 | During the calendar year 1981, and each year thereafter, | ||||||
9 | except as provided
in subsection (g) of Section 27 of this Act, | ||||||
10 | eight and one-half
per cent of all the monies received by the | ||||||
11 | State as privilege taxes on
harness racing meetings shall be | ||||||
12 | paid into the Illinois Standardbred
Breeders Fund.
| ||||||
13 | (e) The Illinois Standardbred Breeders Fund shall be | ||||||
14 | administered by
the Department of Agriculture with the | ||||||
15 | assistance and advice of the
Advisory Board created in | ||||||
16 | subsection (f) of this Section.
| ||||||
17 | (f) The Illinois Standardbred Breeders Fund Advisory Board | ||||||
18 | is hereby
created. The Advisory Board shall consist of the | ||||||
19 | Director of the
Department of Agriculture, who shall serve as | ||||||
20 | Chairman; the
Superintendent of the Illinois State Fair; a | ||||||
21 | member of the Illinois
Racing Board, designated by it; a | ||||||
22 | representative of the Illinois
Standardbred Owners and | ||||||
23 | Breeders Association, recommended by it; a
representative of | ||||||
24 | the Illinois Association of Agricultural Fairs,
recommended by | ||||||
25 | it, such representative to be from a fair at which
Illinois | ||||||
26 | conceived and foaled racing is conducted; a representative of
|
| |||||||
| |||||||
1 | the organization licensees conducting harness racing
meetings, | ||||||
2 | recommended by them
and a representative of the Illinois | ||||||
3 | Harness Horsemen's Association,
recommended by it. Advisory | ||||||
4 | Board members shall serve for 2 years
commencing January 1, of | ||||||
5 | each odd numbered year. If representatives of
the Illinois | ||||||
6 | Standardbred Owners and Breeders Associations, the Illinois
| ||||||
7 | Association of Agricultural Fairs, the Illinois Harness | ||||||
8 | Horsemen's
Association, and the organization licensees | ||||||
9 | conducting
harness racing meetings
have not been recommended by | ||||||
10 | January 1, of each odd numbered year, the
Director of the | ||||||
11 | Department of Agriculture shall make an appointment for
the | ||||||
12 | organization failing to so recommend a member of the Advisory | ||||||
13 | Board.
Advisory Board members shall receive no compensation for | ||||||
14 | their services
as members but shall be reimbursed for all | ||||||
15 | actual and necessary expenses
and disbursements incurred in the | ||||||
16 | execution of their official duties.
| ||||||
17 | (g) No monies shall be expended from the Illinois | ||||||
18 | Standardbred
Breeders Fund except as appropriated by the | ||||||
19 | General Assembly. Monies expended
appropriated from the | ||||||
20 | Illinois Standardbred Breeders Fund shall be
expended by the | ||||||
21 | Department of Agriculture, with the assistance and
advice of | ||||||
22 | the Illinois Standardbred Breeders Fund Advisory Board for the
| ||||||
23 | following purposes only:
| ||||||
24 | 1. To provide purses for races limited to Illinois | ||||||
25 | conceived and
foaled horses at the State Fair and the | ||||||
26 | DuQuoin State Fair .
|
| |||||||
| |||||||
1 | 2. To provide purses for races limited to Illinois | ||||||
2 | conceived and
foaled horses at county fairs.
| ||||||
3 | 3. To provide purse supplements for races limited to | ||||||
4 | Illinois
conceived and foaled horses conducted by | ||||||
5 | associations conducting harness
racing meetings.
| ||||||
6 | 4. No less than 90% 75% of all monies in the Illinois | ||||||
7 | Standardbred
Breeders Fund shall be expended for purses in | ||||||
8 | 1, 2 and 3 as shown above.
| ||||||
9 | 5. In the discretion of the Department of Agriculture | ||||||
10 | to provide
awards to harness breeders of Illinois conceived | ||||||
11 | and foaled horses which
win races conducted by organization | ||||||
12 | licensees
conducting harness racing meetings.
A breeder is | ||||||
13 | the owner of a mare at the time of conception. No more
than | ||||||
14 | 10% of all monies expended appropriated from the Illinois
| ||||||
15 | Standardbred Breeders Fund shall
be expended for such | ||||||
16 | harness breeders awards. No more than 25% of the
amount | ||||||
17 | expended for harness breeders awards shall be expended for
| ||||||
18 | expenses incurred in the administration of such harness | ||||||
19 | breeders awards.
| ||||||
20 | 6. To pay for the improvement of racing facilities | ||||||
21 | located at the
State Fair and County fairs.
| ||||||
22 | 7. To pay the expenses incurred in the administration | ||||||
23 | of the
Illinois Standardbred Breeders Fund.
| ||||||
24 | 8. To promote the sport of harness racing , including | ||||||
25 | grants up to a
maximum of $7,500 per fair per year for the | ||||||
26 | cost of a totalizer system to be
used for conducting |
| |||||||
| |||||||
1 | pari-mutuel wagering during the advertised dates of a
| ||||||
2 | county fair .
| ||||||
3 | 9. To pay up to $150,000 annually for the Department of | ||||||
4 | Agriculture to conduct drug testing at county fairs racing | ||||||
5 | standardbred horses. | ||||||
6 | (h) (Blank) Whenever the Governor finds that the amount in | ||||||
7 | the Illinois
Standardbred Breeders Fund is more than the total | ||||||
8 | of the outstanding
appropriations from such fund, the Governor | ||||||
9 | shall notify the State
Comptroller and the State Treasurer of | ||||||
10 | such fact. The Comptroller and
the State Treasurer, upon | ||||||
11 | receipt of such notification, shall transfer
such excess amount | ||||||
12 | from the Illinois Standardbred Breeders Fund to the
General | ||||||
13 | Revenue Fund .
| ||||||
14 | (i) A sum equal to 12 1/2% of the first prize money of the | ||||||
15 | gross every purse
won by an Illinois conceived and foaled horse | ||||||
16 | shall be paid by the
organization licensee conducting the horse | ||||||
17 | race meeting to the breeder
of such winning horse from the | ||||||
18 | organization licensee's account
share of
the money wagered . | ||||||
19 | Such payment shall not reduce any award to the owner of
the | ||||||
20 | horse or reduce the taxes payable under this Act. Such payment | ||||||
21 | shall be
delivered by the organization licensee at the end of | ||||||
22 | each month
race
meeting .
| ||||||
23 | (j) The Department of Agriculture shall, by rule, with the | ||||||
24 | assistance and
advice of the Illinois Standardbred Breeders | ||||||
25 | Fund Advisory Board:
| ||||||
26 | 1. Qualify stallions for Illinois Standardbred Breeders |
| |||||||
| |||||||
1 | Fund breeding; such
stallion shall be owned by a resident of | ||||||
2 | the State of Illinois or by an
Illinois corporation all of | ||||||
3 | whose shareholders, directors, officers and
incorporators are | ||||||
4 | residents of the State of Illinois. Such stallion shall
stand | ||||||
5 | for service at and within the State of Illinois at the time of | ||||||
6 | a foal's
conception, and such stallion must not stand for | ||||||
7 | service at any place, nor
may semen from such stallion be | ||||||
8 | transported, outside the State of Illinois
during that calendar | ||||||
9 | year in which the foal is conceived and that the owner of
the | ||||||
10 | stallion was for the 12 months prior, a resident of Illinois. | ||||||
11 | The articles
of agreement of any partnership, joint venture, | ||||||
12 | limited partnership, syndicate,
association or corporation and | ||||||
13 | any bylaws and stock
certificates must contain a restriction | ||||||
14 | that provides that the ownership or
transfer of interest by any | ||||||
15 | one of the persons a party to the agreement can
only be made to | ||||||
16 | a person who qualifies as an Illinois resident.
Foals conceived | ||||||
17 | outside the State of Illinois from shipped semen from a
| ||||||
18 | stallion qualified for breeders' awards under this Section are
| ||||||
19 | not eligible to participate in the Illinois conceived and | ||||||
20 | foaled program.
| ||||||
21 | 2. Provide for the registration of Illinois conceived and | ||||||
22 | foaled
horses and no such horse shall compete in the races | ||||||
23 | limited to Illinois
conceived and foaled horses unless | ||||||
24 | registered with the Department of
Agriculture. The Department | ||||||
25 | of Agriculture may prescribe such forms as
may be necessary to | ||||||
26 | determine the eligibility of such horses. No person
shall |
| |||||||
| |||||||
1 | knowingly prepare or cause preparation of an application for
| ||||||
2 | registration of such foals containing false information.
A mare | ||||||
3 | (dam) must be in the state at least 30 days prior to foaling or
| ||||||
4 | remain in the State at least 30 days at the time of foaling.
| ||||||
5 | Beginning with the 1996 breeding season and for foals of 1997 | ||||||
6 | and thereafter,
a foal conceived in the State of Illinois by | ||||||
7 | transported fresh semen may be
eligible for Illinois
conceived | ||||||
8 | and foaled registration provided all breeding and foaling
| ||||||
9 | requirements are met. The stallion must be qualified for | ||||||
10 | Illinois Standardbred
Breeders Fund breeding at the time of | ||||||
11 | conception and the mare must be
inseminated within the State of | ||||||
12 | Illinois. The foal must be dropped in Illinois
and properly | ||||||
13 | registered with the Department of Agriculture in accordance | ||||||
14 | with
this Act.
| ||||||
15 | 3. Provide that at least a 5 day racing program shall be | ||||||
16 | conducted
at the State Fair each year, which program shall | ||||||
17 | include at least the
following races limited to Illinois | ||||||
18 | conceived and foaled horses: (a) a
two year old Trot and Pace, | ||||||
19 | and Filly Division of each; (b) a three
year old Trot and Pace, | ||||||
20 | and Filly Division of each; (c) an aged Trot and Pace,
and Mare | ||||||
21 | Division of each.
| ||||||
22 | 4. Provide for the payment of nominating, sustaining and | ||||||
23 | starting
fees for races promoting the sport of harness racing | ||||||
24 | and for the races
to be conducted at the State Fair as provided | ||||||
25 | in
subsection (j) 3 of this Section provided that the | ||||||
26 | nominating,
sustaining and starting payment required from an |
| |||||||
| |||||||
1 | entrant shall not
exceed 2% of the purse of such race. All | ||||||
2 | nominating, sustaining and
starting payments shall be held for | ||||||
3 | the benefit of entrants and shall be
paid out as part of the | ||||||
4 | respective purses for such races.
Nominating, sustaining and | ||||||
5 | starting fees shall be held in trust accounts
for the purposes | ||||||
6 | as set forth in this Act and in accordance with Section
205-15 | ||||||
7 | of the Department of Agriculture Law (20 ILCS
205/205-15).
| ||||||
8 | 5. Provide for the registration with the Department of | ||||||
9 | Agriculture
of Colt Associations or county fairs desiring to | ||||||
10 | sponsor races at county
fairs.
| ||||||
11 | (k) The Department of Agriculture, with the advice and | ||||||
12 | assistance of the
Illinois
Standardbred Breeders Fund Advisory | ||||||
13 | Board, may allocate monies for purse
supplements for such | ||||||
14 | races. In determining whether to allocate money and
the amount, | ||||||
15 | the Department
of Agriculture shall consider factors, | ||||||
16 | including but not limited to, the
amount of money appropriated | ||||||
17 | for the Illinois Standardbred Breeders Fund
program, the number | ||||||
18 | of races that may occur, and an organizational
licensee's purse | ||||||
19 | structure. The organizational licensee shall notify the
| ||||||
20 | Department of Agriculture of the conditions and minimum purses | ||||||
21 | for races
limited to Illinois conceived and foaled horses to be | ||||||
22 | conducted by each
organizational licensee conducting a harness | ||||||
23 | racing meeting for which purse
supplements have been | ||||||
24 | negotiated.
| ||||||
25 | (l) All races held at county fairs and the State Fair which | ||||||
26 | receive funds
from the Illinois Standardbred Breeders Fund |
| |||||||
| |||||||
1 | shall be conducted in
accordance with the rules of the United | ||||||
2 | States Trotting Association unless
otherwise modified by the | ||||||
3 | Department of Agriculture.
| ||||||
4 | (m) At all standardbred race meetings held or conducted | ||||||
5 | under authority of a
license granted by the Board, and at all | ||||||
6 | standardbred races held at county
fairs which are approved by | ||||||
7 | the Department of Agriculture or at the
Illinois or DuQuoin | ||||||
8 | State Fairs, no one shall jog, train, warm up or drive
a | ||||||
9 | standardbred horse unless he or she is wearing a protective | ||||||
10 | safety helmet,
with the
chin strap fastened and in place, which | ||||||
11 | meets the standards and
requirements as set forth in the 1984 | ||||||
12 | Standard for Protective Headgear for
Use in Harness Racing and | ||||||
13 | Other Equestrian Sports published by the Snell
Memorial | ||||||
14 | Foundation, or any standards and requirements for headgear the
| ||||||
15 | Illinois Racing Board may approve. Any other standards and | ||||||
16 | requirements so
approved by the Board shall equal or exceed | ||||||
17 | those published by the Snell
Memorial Foundation. Any | ||||||
18 | equestrian helmet bearing the Snell label shall
be deemed to | ||||||
19 | have met those standards and requirements.
| ||||||
20 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
21 | (230 ILCS 5/36)
(from Ch. 8, par. 37-36)
| ||||||
22 | Sec. 36. (a) Whoever administers or conspires to administer | ||||||
23 | to
any horse a hypnotic, narcotic, stimulant, depressant or any | ||||||
24 | chemical
substance which may affect the speed of a horse at any | ||||||
25 | time in any race
where the purse or any part of the purse is |
| |||||||
| |||||||
1 | made of money authorized by any
Section of this Act , except | ||||||
2 | those chemical substances permitted by ruling of
the Board, | ||||||
3 | internally, externally or by hypodermic method in a race or | ||||||
4 | prior
thereto, or whoever knowingly enters a horse in any race | ||||||
5 | within a period of 24
hours after any hypnotic, narcotic, | ||||||
6 | stimulant, depressant or any other chemical
substance which may | ||||||
7 | affect the speed of a horse at any time, except those
chemical | ||||||
8 | substances permitted by ruling of the Board, has been | ||||||
9 | administered to
such horse either internally or externally or | ||||||
10 | by hypodermic method for the
purpose of increasing or retarding | ||||||
11 | the speed of such horse shall be guilty of a
Class 4 felony. | ||||||
12 | The Board shall suspend or revoke such violator's license.
| ||||||
13 | (b) The term "hypnotic" as used in this Section includes | ||||||
14 | all barbituric
acid preparations and derivatives.
| ||||||
15 | (c) The term "narcotic" as used in this Section includes | ||||||
16 | opium and
all its alkaloids, salts, preparations and | ||||||
17 | derivatives, cocaine
and all its salts, preparations and | ||||||
18 | derivatives and substitutes.
| ||||||
19 | (d) The provisions of this Section 36 and the treatment | ||||||
20 | authorized herein
apply to horses entered in and competing in | ||||||
21 | race meetings as defined in
Section 3.47 of this Act and to | ||||||
22 | horses entered in and competing at any county
fair.
| ||||||
23 | (Source: P.A. 79-1185.)
| ||||||
24 | (230 ILCS 5/42)
(from Ch. 8, par. 37-42)
| ||||||
25 | Sec. 42. (a) Except as to the distribution of monies |
| |||||||
| |||||||
1 | provided for by
Sections 28, 29, 30 , and 31 and the treating of
| ||||||
2 | horses as provided in Section 36 , nothing whatsoever in this | ||||||
3 | Act
shall
be held or taken to apply to county fairs and State | ||||||
4 | Fairs or to
agricultural and livestock exhibitions where the | ||||||
5 | pari-mutuel system of wagering
upon the result of horses is not
| ||||||
6 | permitted or conducted.
| ||||||
7 | (b) Nothing herein shall be construed to permit the | ||||||
8 | pari-mutuel method of
wagering upon any race track unless such | ||||||
9 | race
track is licensed under this Act. It is hereby declared to | ||||||
10 | be
unlawful for any person to permit, conduct or supervise upon | ||||||
11 | any
race track ground the pari-mutuel method of
wagering except | ||||||
12 | in accordance with the provisions of this Act.
| ||||||
13 | (c) Whoever violates subsection (b) of this Section is | ||||||
14 | guilty of
a Class 4 felony.
| ||||||
15 | (Source: P.A. 89-16, eff. 5-30-95.)
| ||||||
16 | (230 ILCS 5/56 new)
| ||||||
17 | Sec. 56. Electronic gaming.
| ||||||
18 | (a) An organization licensee may apply to the Gaming Board | ||||||
19 | for an electronic gaming license. An electronic gaming license | ||||||
20 | shall authorize its holder to conduct electronic gaming on the | ||||||
21 | grounds of the licensee's race track. Each license shall | ||||||
22 | specify the number of slot machines that its holder may | ||||||
23 | operate. An electronic gaming licensee may not permit persons | ||||||
24 | under 21 years of age to be present in its electronic gaming | ||||||
25 | facility, but the licensee may accept wagers on live racing and |
| |||||||
| |||||||
1 | inter-track wagers at its electronic gaming facility. | ||||||
2 | (b) Wagering taxes on adjusted gross receipts received by | ||||||
3 | an electronic gaming licensee shall be calculated using the | ||||||
4 | same graduated scale contained in Section 13 of the Riverboat | ||||||
5 | Gambling Act. | ||||||
6 | (c) The purse equity account of an organization licensee | ||||||
7 | holding an electronic gaming license shall be funded for the | ||||||
8 | first 10 years of electronic gaming as follows: | ||||||
9 | For an electronic gaming licensee that expends in | ||||||
10 | excess of $100 million building a new electronic gaming | ||||||
11 | facility, purse equity accounts shall be paid at the | ||||||
12 | following rates: | ||||||
13 | 12% of annual adjusted gross receipts up to and | ||||||
14 | including $50,000,000; | ||||||
15 | 15% of annual adjusted gross receipts in excess of | ||||||
16 | $50,000,000 but not exceeding $100,000,000; | ||||||
17 | 18% of annual adjusted gross receipts in excess of | ||||||
18 | $100,000,000 but not exceeding $150,000,000; and | ||||||
19 | 21% of annual adjusted gross receipts in excess of | ||||||
20 | $150,000,000. | ||||||
21 | For an electronic gaming licensee that expends $100 | ||||||
22 | million or less building a new electronic gaming facility | ||||||
23 | or retrofitting their existing racetrack facility for | ||||||
24 | electronic gaming, purse equity accounts shall be paid at | ||||||
25 | the following rates: | ||||||
26 | 18% of annual adjusted gross receipts up to and |
| |||||||
| |||||||
1 | including $50,000,000; | ||||||
2 | 21% of annual adjusted gross receipts in excess of | ||||||
3 | $50,000,000 but not exceeding $100,000,000; | ||||||
4 | 24% of annual adjusted gross receipts in excess of | ||||||
5 | $100,000,000 but not exceeding $150,000,000; and | ||||||
6 | 27% of annual adjusted gross receipts in excess of | ||||||
7 | $150,000,000. | ||||||
8 | (d) After 10 years of electronic gaming, the purse equity | ||||||
9 | account of an organization licensee holding an electronic | ||||||
10 | gaming license shall be funded as follows: | ||||||
11 | 18% of annual adjusted gross receipts up to and | ||||||
12 | including $50,000,000; | ||||||
13 | 21% of annual adjusted gross receipts in excess of | ||||||
14 | $50,000,000 but not exceeding $100,000,000; | ||||||
15 | 24% of annual adjusted gross receipts in excess of | ||||||
16 | $100,000,000 but not exceeding $150,000,000; and | ||||||
17 | 27% of annual adjusted gross receipts in excess of | ||||||
18 | $150,000,000. | ||||||
19 | (e) The adjusted gross receipts remaining after the payment | ||||||
20 | of taxes and purses may be retained by the electronic gaming | ||||||
21 | licensee and shall be used solely for the purpose of improving | ||||||
22 | horse racing in this State. The Illinois Racing Board shall | ||||||
23 | issue rules outlining acceptable expenditures for improving | ||||||
24 | racing. | ||||||
25 | (f) Annually, from the purse equity account of an | ||||||
26 | organization licensee racing thoroughbred horses, an amount |
| |||||||
| |||||||
1 | equal to 12.5% of the electronic gaming receipts placed into | ||||||
2 | that purse account shall be paid to the Illinois Thoroughbred | ||||||
3 | Breeders Fund. | ||||||
4 | (g) Annually, from the purse equity account of an | ||||||
5 | organization licensee racing standardbred horses, an amount | ||||||
6 | equal to 12.5% of the electronic gaming receipts placed into | ||||||
7 | that purse account shall be paid to the Illinois Standardbred | ||||||
8 | Breeders Fund. | ||||||
9 | (h) Should an organization licensee race both thoroughbred | ||||||
10 | and standardbred horses at their racing facility, the amount | ||||||
11 | distributed to the respective breeder fund accounts will paid | ||||||
12 | pro rata based on the number of racing days each breed raced at | ||||||
13 | the facility in the preceding calendar year. | ||||||
14 | (i) Annually, from the purse equity account of an | ||||||
15 | organization licensee, an amount equal to 0.5% of the | ||||||
16 | electronic gaming receipts placed into that purse account shall | ||||||
17 | be paid to Illinois universities offering race horse breeding | ||||||
18 | programs. Should no such programs exist, funds from this | ||||||
19 | subsection (i) shall be added to the payments described in | ||||||
20 | subsection (j) of this Section. | ||||||
21 | (j) Annually, from the purse equity account of an | ||||||
22 | organization licensee, an amount equal to 2% of the electronic | ||||||
23 | gaming receipts placed into that purse account shall be used to | ||||||
24 | subsidize healthcare insurance premiums and healthcare | ||||||
25 | services for racing industry workers.
|
| |||||||
| |||||||
1 | Section 10. The Riverboat Gambling Act is amended by | ||||||
2 | changing Sections 3, 4,
5, 8, 9, 11, 11.1, 13, 14, 18, 19, and | ||||||
3 | 20 and by adding Section 7.6 as follows:
| ||||||
4 | (230 ILCS 10/3)
(from Ch. 120, par. 2403)
| ||||||
5 | Sec. 3. Riverboat Gambling Authorized.
| ||||||
6 | (a) Riverboat gambling
operations and electronic gaming | ||||||
7 | operations
and the system of wagering
incorporated therein , as | ||||||
8 | defined in this Act, are hereby authorized to the
extent that | ||||||
9 | they are carried out in accordance with the provisions of this
| ||||||
10 | Act.
| ||||||
11 | (b) This Act does not apply to the pari-mutuel system of | ||||||
12 | wagering used
or intended to be used in connection with the | ||||||
13 | horse-race meetings as
authorized under the Illinois Horse | ||||||
14 | Racing Act of 1975, lottery games
authorized under the Illinois | ||||||
15 | Lottery Law, bingo authorized under the Bingo
License and Tax | ||||||
16 | Act, charitable games authorized under the Charitable Games
Act | ||||||
17 | or pull tabs and jar games conducted under the Illinois Pull | ||||||
18 | Tabs and Jar
Games Act.
This Act does apply to electronic | ||||||
19 | gaming authorized under the Illinois
Horse Racing Act of 1975 | ||||||
20 | to the extent provided in that Act and in this Act.
| ||||||
21 | (c) Riverboat gambling conducted pursuant to this Act may | ||||||
22 | be authorized
upon any water within the State of Illinois or | ||||||
23 | any
water other than Lake Michigan which constitutes a boundary | ||||||
24 | of the State
of Illinois.
A licensee may conduct riverboat | ||||||
25 | gambling authorized under this Act
regardless of whether it |
| |||||||
| |||||||
1 | conducts excursion cruises. A licensee may permit
the | ||||||
2 | continuous ingress and egress of passengers for the purpose of
| ||||||
3 | gambling.
| ||||||
4 | (d) Gambling that is conducted in accordance with this Act | ||||||
5 | using slot
machines shall be authorized at electronic gaming
| ||||||
6 | facilities as provided in this Act.
| ||||||
7 | (Source: P.A. 91-40, eff. 6-25-99.)
| ||||||
8 | (230 ILCS 10/4) (from Ch. 120, par. 2404)
| ||||||
9 | Sec. 4. Definitions. As used in this Act:
| ||||||
10 | (a) "Board" means the Illinois Gaming Board.
| ||||||
11 | (b) "Occupational license" means a license issued by the | ||||||
12 | Board to a
person or entity to perform an occupation which the | ||||||
13 | Board has identified as
requiring a license to engage in | ||||||
14 | riverboat gambling in Illinois.
| ||||||
15 | (c) "Gambling game" includes, but is not limited to, | ||||||
16 | baccarat,
twenty-one, poker, craps, slot machine, video game of | ||||||
17 | chance, roulette
wheel, klondike table, punchboard, faro | ||||||
18 | layout, keno layout, numbers
ticket, push card, jar ticket, or | ||||||
19 | pull tab which is authorized by the Board
as a wagering device | ||||||
20 | under this Act.
| ||||||
21 | (d) "Riverboat" means a self-propelled excursion boat, a
| ||||||
22 | permanently moored barge, or permanently moored barges that are | ||||||
23 | permanently
fixed together to operate as one vessel, on which | ||||||
24 | lawful gambling is
authorized and licensed as
provided in this | ||||||
25 | Act.
|
| |||||||
| |||||||
1 | (e) "Managers license" means a license issued by the Board | ||||||
2 | to a person or
entity
to manage gambling operations conducted | ||||||
3 | by the State pursuant to Section 7.3.
| ||||||
4 | (f) "Dock" means the location where a riverboat moors for | ||||||
5 | the purpose of
embarking passengers for and disembarking | ||||||
6 | passengers from the riverboat.
| ||||||
7 | (g) "Gross receipts" means the total amount of money | ||||||
8 | exchanged for the
purchase of chips, tokens or electronic cards | ||||||
9 | by riverboat patrons or electronic gaming operation patrons .
| ||||||
10 | (h) "Adjusted gross receipts" means the gross receipts less
| ||||||
11 | winnings paid to wagerers.
| ||||||
12 | (i) "Cheat" means to alter the selection of criteria which | ||||||
13 | determine the
result of a gambling game or the amount or | ||||||
14 | frequency of payment in a gambling
game.
| ||||||
15 | (j) "Department" means the Department of Revenue.
| ||||||
16 | (k) "Gambling operation" means the conduct of authorized | ||||||
17 | gambling games authorized under this Act on
upon a riverboat or | ||||||
18 | authorized under this Act and the Illinois Horse
Racing Act of | ||||||
19 | 1975 at an electronic gaming facility .
| ||||||
20 | (l) "License bid" means the lump sum amount of money that | ||||||
21 | an applicant
bids and agrees to pay the State in return for an | ||||||
22 | owners license that is
re-issued on or after July 1, 2003.
| ||||||
23 | (m) The terms "minority person" and "female" shall have the | ||||||
24 | same meaning
as
defined in
Section 2 of the Business Enterprise | ||||||
25 | for Minorities, Females, and Persons with
Disabilities Act.
| ||||||
26 | "Owners license" means a license to conduct riverboat |
| |||||||
| |||||||
1 | gambling operations,
but does not include an electronic gaming | ||||||
2 | license.
| ||||||
3 | "Licensed owner" means a person who holds an owners | ||||||
4 | license.
| ||||||
5 | "Electronic gaming license" means a license issued by the | ||||||
6 | Board under
Section 7.4 of this Act authorizing electronic | ||||||
7 | gaming at an electronic gaming
facility.
| ||||||
8 | "Electronic gaming" means the conduct of gambling using | ||||||
9 | slot machines
at a race track licensed under the Illinois Horse
| ||||||
10 | Racing Act of 1975 pursuant to the Illinois Horse Racing Act of | ||||||
11 | 1975 and this
Act.
| ||||||
12 | "Electronic gaming facility" means the area where the Board | ||||||
13 | has
authorized limited gaming at a race track of an | ||||||
14 | organization licensee under the
Illinois Horse Racing Act of | ||||||
15 | 1975 that holds an electronic gaming license. | ||||||
16 | "Organization licensee" means an entity authorized by the | ||||||
17 | Illinois Racing
Board to conduct pari-mutuel wagering in | ||||||
18 | accordance with the Illinois Horse
Racing Act of 1975.
| ||||||
19 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
20 | (230 ILCS 10/5) (from Ch. 120, par. 2405)
| ||||||
21 | Sec. 5. Gaming Board.
| ||||||
22 | (a) (1) There is hereby established within the Department | ||||||
23 | of Revenue an
Illinois Gaming Board which shall have the powers | ||||||
24 | and duties specified in
this Act, and all other powers | ||||||
25 | necessary and proper to fully and
effectively execute this Act |
| |||||||
| |||||||
1 | for the purpose of administering, regulating,
and enforcing the | ||||||
2 | system of riverboat and casino gambling established by this | ||||||
3 | Act. Its
jurisdiction shall extend under this Act to every | ||||||
4 | person, association,
corporation, partnership and trust | ||||||
5 | involved in riverboat and casino gambling
operations in the | ||||||
6 | State of Illinois.
| ||||||
7 | (2) The Board shall consist of 5 members to be appointed by | ||||||
8 | the Governor
with the advice and consent of the Senate, one of | ||||||
9 | whom shall be designated
by the Governor to be chairman. Each | ||||||
10 | member shall have a reasonable
knowledge of the practice, | ||||||
11 | procedure and principles of gambling operations.
Each member | ||||||
12 | shall either be a resident of Illinois or shall certify that he
| ||||||
13 | will become a resident of Illinois before taking office. At | ||||||
14 | least one member
shall be experienced in law enforcement and | ||||||
15 | criminal investigation, at
least one member shall be a | ||||||
16 | certified public accountant experienced in
accounting and | ||||||
17 | auditing, and at least one member shall be a lawyer licensed
to | ||||||
18 | practice law in Illinois.
| ||||||
19 | (3) The terms of office of the Board members shall be 3 | ||||||
20 | years, except
that the terms of office of the initial Board | ||||||
21 | members appointed pursuant to
this Act will commence from the | ||||||
22 | effective date of this Act and run as
follows: one for a term | ||||||
23 | ending July 1, 1991, 2 for a term ending July 1,
1992, and 2 for | ||||||
24 | a term ending July 1, 1993. Upon the expiration of the
| ||||||
25 | foregoing terms, the successors of such members shall serve a | ||||||
26 | term for 3
years and until their successors are appointed and |
| |||||||
| |||||||
1 | qualified for like terms.
Vacancies in the Board shall be | ||||||
2 | filled for the unexpired term in like
manner as original | ||||||
3 | appointments. Each member of the Board shall be
eligible for | ||||||
4 | reappointment at the discretion of the Governor with the
advice | ||||||
5 | and consent of the Senate.
| ||||||
6 | (4) Each member of the Board shall receive $300 for each | ||||||
7 | day the
Board meets and for each day the member conducts any | ||||||
8 | hearing pursuant to
this Act. Each member of the Board shall | ||||||
9 | also be reimbursed for all actual
and necessary expenses and | ||||||
10 | disbursements incurred in the execution of official
duties.
| ||||||
11 | (5) No person shall be appointed a member of the Board or | ||||||
12 | continue to be
a member of the Board who is, or whose spouse, | ||||||
13 | child or parent is, a member
of the board of directors of, or a | ||||||
14 | person financially interested in, any
gambling operation | ||||||
15 | subject to the jurisdiction of this Board, or any race
track, | ||||||
16 | race meeting, racing association or the operations thereof | ||||||
17 | subject
to the jurisdiction of the Illinois Racing Board. No | ||||||
18 | Board member shall
hold any other public office for which he | ||||||
19 | shall receive compensation other
than necessary travel or other | ||||||
20 | incidental expenses. No person shall be a
member of the Board | ||||||
21 | who is not of good moral character or who has been
convicted | ||||||
22 | of, or is under indictment for, a felony under the laws of
| ||||||
23 | Illinois or any other state, or the United States.
| ||||||
24 | (6) Any member of the Board may be removed by the Governor | ||||||
25 | for neglect
of duty, misfeasance, malfeasance, or nonfeasance | ||||||
26 | in office.
|
| |||||||
| |||||||
1 | (7) Before entering upon the discharge of the duties of his | ||||||
2 | office, each
member of the Board shall take an oath that he | ||||||
3 | will faithfully execute the
duties of his office according to | ||||||
4 | the laws of the State and the rules and
regulations adopted | ||||||
5 | therewith and shall give bond to the State of Illinois,
| ||||||
6 | approved by the Governor, in the sum of $25,000. Every such | ||||||
7 | bond, when
duly executed and approved, shall be recorded in the | ||||||
8 | office of the
Secretary of State. Whenever the Governor | ||||||
9 | determines that the bond of any
member of the Board has become | ||||||
10 | or is likely to become invalid or
insufficient, he shall | ||||||
11 | require such member forthwith to renew his bond,
which is to be | ||||||
12 | approved by the Governor. Any member of the Board who fails
to | ||||||
13 | take oath and give bond within 30 days from the date of his | ||||||
14 | appointment,
or who fails to renew his bond within 30 days | ||||||
15 | after it is demanded by the
Governor, shall be guilty of | ||||||
16 | neglect of duty and may be removed by the
Governor. The cost of | ||||||
17 | any bond given by any member of the Board under this
Section | ||||||
18 | shall be taken to be a part of the necessary expenses of the | ||||||
19 | Board.
| ||||||
20 | (8) Upon the request of the Board, the Department shall | ||||||
21 | employ such
personnel as may be necessary to carry out the | ||||||
22 | functions of the Board. No
person shall be employed to serve | ||||||
23 | the Board who is, or whose spouse, parent
or child is, an | ||||||
24 | official of, or has a financial interest in or financial
| ||||||
25 | relation with, any operator engaged in gambling operations | ||||||
26 | within this
State or any organization engaged in conducting |
| |||||||
| |||||||
1 | horse racing within this
State. Any employee violating these | ||||||
2 | prohibitions shall be subject to
termination of employment.
| ||||||
3 | (9) An Administrator shall perform any and all duties that | ||||||
4 | the Board
shall assign him. The salary of the Administrator | ||||||
5 | shall be determined by
the Board and approved by the Director | ||||||
6 | of the Department and, in addition,
he shall be reimbursed for | ||||||
7 | all actual and necessary expenses incurred by
him in discharge | ||||||
8 | of his official duties. The Administrator shall keep
records of | ||||||
9 | all proceedings of the Board and shall preserve all records,
| ||||||
10 | books, documents and other papers belonging to the Board or | ||||||
11 | entrusted to
its care. The Administrator shall devote his full | ||||||
12 | time to the duties of
the office and shall not hold any other | ||||||
13 | office or employment.
| ||||||
14 | (b) The Board shall have general responsibility for the | ||||||
15 | implementation
of this Act. Its duties include, without | ||||||
16 | limitation, the following:
| ||||||
17 | (1) To decide promptly and in reasonable order all | ||||||
18 | license applications.
Any party aggrieved by an action of | ||||||
19 | the Board denying, suspending,
revoking, restricting or | ||||||
20 | refusing to renew a license may request a hearing
before | ||||||
21 | the Board. A request for a hearing must be made to the | ||||||
22 | Board in
writing within 5 days after service of notice of | ||||||
23 | the action of the Board.
Notice of the action of the Board | ||||||
24 | shall be served either by personal
delivery or by certified | ||||||
25 | mail, postage prepaid, to the aggrieved party.
Notice | ||||||
26 | served by certified mail shall be deemed complete on the |
| |||||||
| |||||||
1 | business
day following the date of such mailing. The Board | ||||||
2 | shall conduct all
requested hearings promptly and in | ||||||
3 | reasonable order;
| ||||||
4 | (2) To conduct all hearings pertaining to civil | ||||||
5 | violations of this Act
or rules and regulations promulgated | ||||||
6 | hereunder;
| ||||||
7 | (3) To promulgate such rules and regulations as in its | ||||||
8 | judgment may be
necessary to protect or enhance the | ||||||
9 | credibility and integrity of gambling
operations | ||||||
10 | authorized by this Act and the regulatory process | ||||||
11 | hereunder;
| ||||||
12 | (4) To provide for the establishment and collection of | ||||||
13 | all license and
registration fees and taxes imposed by this | ||||||
14 | Act and the rules and
regulations issued pursuant hereto. | ||||||
15 | All such fees and taxes shall be
deposited into the State | ||||||
16 | Gaming Fund;
| ||||||
17 | (5) To provide for the levy and collection of penalties | ||||||
18 | and fines for the
violation of provisions of this Act and | ||||||
19 | the rules and regulations
promulgated hereunder. All such | ||||||
20 | fines and penalties shall be deposited
into the Education | ||||||
21 | Assistance Fund, created by Public Act 86-0018, of the
| ||||||
22 | State of Illinois;
| ||||||
23 | (6) To be present through its inspectors and agents any | ||||||
24 | time gambling
operations are conducted on any riverboat or | ||||||
25 | at any electronic gaming
facility for the purpose of | ||||||
26 | certifying the
revenue thereof, receiving complaints from |
| |||||||
| |||||||
1 | the public, and conducting such
other investigations into | ||||||
2 | the conduct of the gambling games and the
maintenance of | ||||||
3 | the equipment as from time to time the Board may deem
| ||||||
4 | necessary and proper;
| ||||||
5 | (7) To review and rule upon any complaint by a licensee
| ||||||
6 | regarding any investigative procedures of the State which | ||||||
7 | are unnecessarily
disruptive of gambling operations. The | ||||||
8 | need to inspect and investigate
shall be presumed at all | ||||||
9 | times. The disruption of a licensee's operations
shall be | ||||||
10 | proved by clear and convincing evidence, and establish | ||||||
11 | that: (A)
the procedures had no reasonable law enforcement | ||||||
12 | purposes, and (B) the
procedures were so disruptive as to | ||||||
13 | unreasonably inhibit gambling operations;
| ||||||
14 | (8) To hold at least one meeting each quarter of the | ||||||
15 | fiscal
year. In addition, special meetings may be called by | ||||||
16 | the Chairman or any 2
Board members upon 72 hours written | ||||||
17 | notice to each member. All Board
meetings shall be subject | ||||||
18 | to the Open Meetings Act. Three members of the
Board shall | ||||||
19 | constitute a quorum, and 3 votes shall be required for any
| ||||||
20 | final determination by the Board. The Board shall keep a | ||||||
21 | complete and
accurate record of all its meetings. A | ||||||
22 | majority of the members of the Board
shall constitute a | ||||||
23 | quorum for the transaction of any business, for the
| ||||||
24 | performance of any duty, or for the exercise of any power | ||||||
25 | which this Act
requires the Board members to transact, | ||||||
26 | perform or exercise en banc, except
that, upon order of the |
| |||||||
| |||||||
1 | Board, one of the Board members or an
administrative law | ||||||
2 | judge designated by the Board may conduct any hearing
| ||||||
3 | provided for under this Act or by Board rule and may | ||||||
4 | recommend findings and
decisions to the Board. The Board | ||||||
5 | member or administrative law judge
conducting such hearing | ||||||
6 | shall have all powers and rights granted to the
Board in | ||||||
7 | this Act. The record made at the time of the hearing shall | ||||||
8 | be
reviewed by the Board, or a majority thereof, and the | ||||||
9 | findings and decision
of the majority of the Board shall | ||||||
10 | constitute the order of the Board in
such case;
| ||||||
11 | (9) To maintain records which are separate and distinct | ||||||
12 | from the records
of any other State board or commission. | ||||||
13 | Such records shall be available
for public inspection and | ||||||
14 | shall accurately reflect all Board proceedings;
| ||||||
15 | (10) To file a written annual report with the Governor | ||||||
16 | on or before
March 1 each year and such additional reports | ||||||
17 | as the Governor may request.
The annual report shall | ||||||
18 | include a statement of receipts and disbursements
by the | ||||||
19 | Board, actions taken by the Board, and any additional | ||||||
20 | information
and recommendations which the Board may deem | ||||||
21 | valuable or which the Governor
may request;
| ||||||
22 | (11) (Blank);
| ||||||
23 | (12) To assume responsibility for the administration | ||||||
24 | and
enforcement of the Bingo License and Tax Act, the | ||||||
25 | Charitable Games Act, and
the Pull Tabs and Jar Games Act | ||||||
26 | if such responsibility is delegated to it
by the Director |
| |||||||
| |||||||
1 | of Revenue; and
| ||||||
2 | (13) To assume responsibility for administration and | ||||||
3 | enforcement of the
Video Gaming Act ; and .
| ||||||
4 | (14) To assume responsibility for the administration | ||||||
5 | and enforcement
of operations at electronic gaming | ||||||
6 | facilities pursuant to this Act and the
Illinois Horse | ||||||
7 | Racing Act of 1975. | ||||||
8 | (c) The Board shall have jurisdiction over and shall | ||||||
9 | supervise all
gambling operations governed by this Act. The | ||||||
10 | Board shall have all powers
necessary and proper to fully and | ||||||
11 | effectively execute the provisions of
this Act, including, but | ||||||
12 | not limited to, the following:
| ||||||
13 | (1) To investigate applicants and determine the | ||||||
14 | eligibility of
applicants for licenses and to select among | ||||||
15 | competing applicants the
applicants which best serve the | ||||||
16 | interests of the citizens of Illinois.
| ||||||
17 | (2) To have jurisdiction and supervision over all | ||||||
18 | riverboat gambling
operations authorized under this Act in | ||||||
19 | this State and all persons in
places on riverboats where | ||||||
20 | gambling
operations are conducted.
| ||||||
21 | (3) To promulgate rules and regulations for the purpose | ||||||
22 | of administering
the provisions of this Act and to | ||||||
23 | prescribe rules, regulations and
conditions under which | ||||||
24 | all riverboat gambling operations subject to this
Act in | ||||||
25 | the State shall be
conducted. Such rules and regulations | ||||||
26 | are to provide for the prevention of
practices detrimental |
| |||||||
| |||||||
1 | to the public interest and for the best interests of
| ||||||
2 | riverboat gambling, including rules and regulations | ||||||
3 | regarding the
inspection of electronic gaming facilities | ||||||
4 | and such riverboats and the review of any permits or | ||||||
5 | licenses
necessary to operate a riverboat or electronic | ||||||
6 | gaming facilities under any laws or regulations applicable
| ||||||
7 | to riverboats, or electronic gaming facilities and to | ||||||
8 | impose penalties for violations thereof.
| ||||||
9 | (4) To enter the office, riverboats, electronic gaming | ||||||
10 | facilities, and
other facilities , or other
places of | ||||||
11 | business of a licensee, where evidence of the compliance or
| ||||||
12 | noncompliance with the provisions of this Act is likely to | ||||||
13 | be found.
| ||||||
14 | (5) To investigate alleged violations of this Act or | ||||||
15 | the
rules of the Board and to take appropriate disciplinary
| ||||||
16 | action against a licensee or a holder of an occupational | ||||||
17 | license for a
violation, or institute appropriate legal | ||||||
18 | action for enforcement, or both.
| ||||||
19 | (6) To adopt standards for the licensing of all persons | ||||||
20 | under this Act,
as well as for electronic or mechanical | ||||||
21 | gambling games, and to establish
fees for such licenses.
| ||||||
22 | (7) To adopt appropriate standards for all electronic | ||||||
23 | gaming
facilities, riverboats ,
and other facilities | ||||||
24 | authorized under this Act .
| ||||||
25 | (8) To require that the records, including financial or | ||||||
26 | other statements
of any licensee under this Act, shall be |
| |||||||
| |||||||
1 | kept in such manner as prescribed
by the Board and that any | ||||||
2 | such licensee involved in the ownership or
management of | ||||||
3 | gambling operations submit to the Board an annual balance
| ||||||
4 | sheet and profit and loss statement, list of the | ||||||
5 | stockholders or other
persons having a 1% or greater | ||||||
6 | beneficial interest in the gambling
activities of each | ||||||
7 | licensee, and any other information the Board deems
| ||||||
8 | necessary in order to effectively administer this Act and | ||||||
9 | all rules,
regulations, orders and final decisions | ||||||
10 | promulgated under this Act.
| ||||||
11 | (9) To conduct hearings, issue subpoenas for the | ||||||
12 | attendance of
witnesses and subpoenas duces tecum for the | ||||||
13 | production of books, records
and other pertinent documents | ||||||
14 | in accordance with the Illinois
Administrative Procedure | ||||||
15 | Act, and to administer oaths and affirmations to
the | ||||||
16 | witnesses, when, in the judgment of the Board, it is | ||||||
17 | necessary to
administer or enforce this Act or the Board | ||||||
18 | rules.
| ||||||
19 | (10) To prescribe a form to be used by any licensee | ||||||
20 | involved in the
ownership or management of gambling | ||||||
21 | operations as an
application for employment for their | ||||||
22 | employees.
| ||||||
23 | (11) To revoke or suspend licenses, as the Board may | ||||||
24 | see fit and in
compliance with applicable laws of the State | ||||||
25 | regarding administrative
procedures, and to review | ||||||
26 | applications for the renewal of licenses. The
Board may |
| |||||||
| |||||||
1 | suspend an owners license or electronic gaming license , | ||||||
2 | without notice or hearing , upon a
determination that the | ||||||
3 | safety or health of patrons or employees is
jeopardized by | ||||||
4 | continuing a gambling operation conducted under that | ||||||
5 | license a riverboat's operation . The suspension may
remain | ||||||
6 | in effect until the Board determines that the cause for | ||||||
7 | suspension
has been abated. The Board may revoke the owners | ||||||
8 | license or electronic
gaming
license upon a
determination | ||||||
9 | that the licensee owner has not made satisfactory progress | ||||||
10 | toward
abating the hazard.
| ||||||
11 | (12) To eject or exclude or authorize the ejection or | ||||||
12 | exclusion of, any
person from riverboat gambling | ||||||
13 | facilities where that such person is in violation
of this | ||||||
14 | Act, rules and regulations thereunder, or final orders of | ||||||
15 | the
Board, or where such person's conduct or reputation is | ||||||
16 | such that his or her
presence within the riverboat gambling | ||||||
17 | facilities may, in the opinion of
the Board, call into | ||||||
18 | question the honesty and integrity of the gambling
| ||||||
19 | operations or interfere with the orderly conduct thereof; | ||||||
20 | provided that the
propriety of such ejection or exclusion | ||||||
21 | is subject to subsequent hearing
by the Board.
| ||||||
22 | (13) To require all licensees of gambling operations to | ||||||
23 | utilize a
cashless wagering system whereby all players' | ||||||
24 | money is converted to tokens,
electronic cards, or chips | ||||||
25 | which shall be used only for wagering in the
gambling | ||||||
26 | establishment.
|
| |||||||
| |||||||
1 | (14) (Blank).
| ||||||
2 | (15) To suspend, revoke or restrict licenses, to | ||||||
3 | require the
removal of a licensee or an employee of a | ||||||
4 | licensee for a violation of this
Act or a Board rule or for | ||||||
5 | engaging in a fraudulent practice, and to
impose civil | ||||||
6 | penalties of up to $5,000 against individuals and up to
| ||||||
7 | $10,000 or an amount equal to the daily gross receipts, | ||||||
8 | whichever is
larger, against licensees for each violation | ||||||
9 | of any provision of the Act,
any rules adopted by the | ||||||
10 | Board, any order of the Board or any other action
which, in | ||||||
11 | the Board's discretion, is a detriment or impediment to | ||||||
12 | riverboat
gambling operations.
| ||||||
13 | (16) To hire employees to gather information, conduct | ||||||
14 | investigations
and carry out any other tasks contemplated | ||||||
15 | under this Act.
| ||||||
16 | (17) To establish minimum levels of insurance to be | ||||||
17 | maintained by
licensees.
| ||||||
18 | (18) To authorize a licensee to sell or serve alcoholic | ||||||
19 | liquors, wine or
beer as defined in the Liquor Control Act | ||||||
20 | of 1934 on board a riverboat
and to have exclusive | ||||||
21 | authority to establish the hours for sale and
consumption | ||||||
22 | of alcoholic liquor on board a riverboat, notwithstanding | ||||||
23 | any
provision of the Liquor Control Act of 1934 or any | ||||||
24 | local ordinance, and
regardless of whether the riverboat | ||||||
25 | makes excursions. The
establishment of the hours for sale | ||||||
26 | and consumption of alcoholic liquor on
board a riverboat is |
| |||||||
| |||||||
1 | an exclusive power and function of the State. A home
rule | ||||||
2 | unit may not establish the hours for sale and consumption | ||||||
3 | of alcoholic
liquor on board a riverboat. This subdivision | ||||||
4 | (18) amendatory Act of 1991 is a denial and
limitation of | ||||||
5 | home rule powers and functions under subsection (h) of
| ||||||
6 | Section 6 of Article VII of the Illinois Constitution.
| ||||||
7 | (19) After consultation with the U.S. Army Corps of | ||||||
8 | Engineers, to
establish binding emergency orders upon the | ||||||
9 | concurrence of a majority of
the members of the Board | ||||||
10 | regarding the navigability of water, relative to
| ||||||
11 | excursions,
in the event
of extreme weather conditions, | ||||||
12 | acts of God or other extreme circumstances.
| ||||||
13 | (20) To delegate the execution of any of its powers | ||||||
14 | under this Act for
the purpose of administering and | ||||||
15 | enforcing this Act and its rules and
regulations hereunder.
| ||||||
16 | (20.6) To appoint investigators to conduct | ||||||
17 | investigations, searches, seizures, arrests, and other | ||||||
18 | duties imposed under this Act, as deemed necessary by the | ||||||
19 | Board. These investigators have and may exercise all of the | ||||||
20 | rights and powers of peace officers, provided that these | ||||||
21 | powers shall be limited to offenses or violations occurring | ||||||
22 | or committed on a riverboat or dock, as defined in | ||||||
23 | subsections (d) and (f) of Section 4, or as otherwise | ||||||
24 | provided by this Act or any other law. | ||||||
25 | (20.7) To contract with the Department of State Police | ||||||
26 | for the use of trained and qualified State police officers |
| |||||||
| |||||||
1 | and with the Department of Revenue for the use of trained | ||||||
2 | and qualified Department of Revenue investigators to | ||||||
3 | conduct investigations, searches, seizures, arrests, and | ||||||
4 | other duties imposed under this Act and to exercise all of | ||||||
5 | the rights and powers of peace officers, provided that the | ||||||
6 | powers of Department of Revenue investigators under this | ||||||
7 | subdivision (20.7) shall be limited to offenses or | ||||||
8 | violations occurring or committed on a riverboat or dock, | ||||||
9 | as defined in subsections (d) and (f) of Section 4, or as | ||||||
10 | otherwise provided by this Act or any other law. In the | ||||||
11 | event the Department of State Police or the Department of | ||||||
12 | Revenue is unable to fill contracted police or | ||||||
13 | investigative positions, the Board may appoint | ||||||
14 | investigators to fill those positions pursuant to | ||||||
15 | subdivision (20.6).
| ||||||
16 | (21) To make rules concerning the conduct of electronic | ||||||
17 | gaming.
| ||||||
18 | (22) (21) To take any other action as may be reasonable | ||||||
19 | or appropriate to
enforce this Act and rules and | ||||||
20 | regulations hereunder.
| ||||||
21 | (d) The Board may seek and shall receive the cooperation of | ||||||
22 | the
Department of State Police in conducting background | ||||||
23 | investigations of
applicants and in fulfilling its | ||||||
24 | responsibilities under
this Section. Costs incurred by the | ||||||
25 | Department of State Police as
a result of such cooperation | ||||||
26 | shall be paid by the Board in conformance
with the requirements |
| |||||||
| |||||||
1 | of Section 2605-400 of the Department of State Police Law
(20 | ||||||
2 | ILCS 2605/2605-400).
| ||||||
3 | (e) The Board must authorize to each investigator and to | ||||||
4 | any other
employee of the Board exercising the powers of a | ||||||
5 | peace officer a distinct badge
that, on its face, (i) clearly | ||||||
6 | states that the badge is authorized by the Board
and
(ii) | ||||||
7 | contains a unique identifying number. No other badge shall be | ||||||
8 | authorized
by the Board.
| ||||||
9 | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; revised | ||||||
10 | 8-20-09.)
| ||||||
11 | (230 ILCS 10/7.6 new)
| ||||||
12 | Sec. 7.6. Electronic gaming. | ||||||
13 | (a) The General Assembly finds that the horse racing and | ||||||
14 | riverboat gambling industries share many similarities and | ||||||
15 | collectively comprise the bulk of the State's gaming industry. | ||||||
16 | One feature in common to both industries is that each is highly | ||||||
17 | regulated by the State of Illinois. | ||||||
18 | The General Assembly further finds, however, that despite | ||||||
19 | their shared features each industry is distinct from the other | ||||||
20 | in that horse racing is and continues to be intimately tied to | ||||||
21 | Illinois' agricultural economy and is, at its core, a spectator | ||||||
22 | sport. This distinction requires the General Assembly to | ||||||
23 | utilize different methods to regulate and promote the horse | ||||||
24 | racing industry throughout the State. | ||||||
25 | The General Assembly finds that in order to promote live |
| |||||||
| |||||||
1 | horse racing as a spectator sport in Illinois and the | ||||||
2 | agricultural economy of this State, it is necessary to allow | ||||||
3 | electronic gaming at Illinois race tracks, and that moneys | ||||||
4 | generated from electronic gaming shall be used solely for the | ||||||
5 | purposes of improving horseracing in this State and for | ||||||
6 | increasing revenues to this State. | ||||||
7 | (b) Because organization licensees are already licensed to | ||||||
8 | conduct gambling operations in this State, the Illinois Gaming | ||||||
9 | Board shall award one electronic gaming license on a temporary | ||||||
10 | basis, effective upon this Section becoming law, to each | ||||||
11 | organization licensee under the Illinois Horse Racing Act of | ||||||
12 | 1975. The electronic gaming license shall authorize its holder | ||||||
13 | to conduct electronic gaming at its electronic gaming facility | ||||||
14 | until such time that the Illinois Gaming Board can complete the | ||||||
15 | licensing procedures contained in this Act. | ||||||
16 | (c) To be eligible to conduct electronic gaming, an | ||||||
17 | organization licensee must (i) obtain an electronic gaming | ||||||
18 | license, (ii) hold an organization license under the Illinois
| ||||||
19 | Horse Racing Act of 1975, (iii) have conducted at least 100 | ||||||
20 | days of live racing in the preceding 2 calendar years prior to | ||||||
21 | licensure, and conduct at least 100 days of live horse racing | ||||||
22 | annually after licensure; (iv) pay an initial license fee of | ||||||
23 | $10,000 for racetracks in Cook County and $5,000 for racetracks | ||||||
24 | outside Cook County for each gaming position awarded for | ||||||
25 | electronic gaming, and pay an additional fee of $30,000 for | ||||||
26 | racetracks in Cook County and $15,000 for racetracks outside |
| |||||||
| |||||||
1 | Cook County for each gaming position within 48 months after the | ||||||
2 | authorization to conduct electronic gaming; (v) submit | ||||||
3 | quarterly, detailed profit and loss statements to the Board and | ||||||
4 | the Illinois Racing Board, which shall be made available to the | ||||||
5 | public, for both their electronic gaming operations as well as | ||||||
6 | their racing operations; and (vi) meet all other requirements | ||||||
7 | of this Act that apply to owners licensees. | ||||||
8 | (d) Each organization licensee granted an electronic | ||||||
9 | gaming license by the Board may operate up to 1,200 gaming | ||||||
10 | positions at their electronic gaming facility, for up to 22 | ||||||
11 | hours per day. Should the Board find any organization licensee | ||||||
12 | unfit to retain an electronic gaming license, the electronic | ||||||
13 | gaming facility of that organization licensee may be operated | ||||||
14 | by the State, or by another organization licensee with an | ||||||
15 | electronic gaming license, until such time that the | ||||||
16 | organization licensee satisfies the requirements of the Board | ||||||
17 | to return to the conduct of electronic gaming. | ||||||
18 | (e) Organization licensees awarded electronic gaming | ||||||
19 | licenses who have more than 50% common ownership are prohibited | ||||||
20 | from transferring electronic gaming devices between their | ||||||
21 | commonly owned electronic gaming facilities, unless that | ||||||
22 | transfer would result in increased revenues to the State. In no | ||||||
23 | event will the transfer of more than 75% of the gaming devices | ||||||
24 | be permitted. | ||||||
25 | (f) An electronic gaming licensee may conduct electronic | ||||||
26 | gaming at a temporary facility pending the construction of a |
| |||||||
| |||||||
1 | permanent facility or the remodeling of an existing facility to | ||||||
2 | accommodate electronic gaming participants for up to 12 months | ||||||
3 | after receiving an electronic gaming license. The Board shall | ||||||
4 | make rules concerning the conduct of electronic gaming from | ||||||
5 | temporary facilities.
| ||||||
6 | (230 ILCS 10/8)
(from Ch. 120, par. 2408)
| ||||||
7 | Sec. 8. Suppliers licenses.
| ||||||
8 | (a) The Board may issue a suppliers license to such | ||||||
9 | persons, firms or
corporations which apply therefor upon the | ||||||
10 | payment of a non-refundable
application fee set by the Board, | ||||||
11 | upon a determination by the Board that
the applicant is | ||||||
12 | eligible for a suppliers license and upon payment of a
$5,000 | ||||||
13 | annual license
fee.
| ||||||
14 | (b) The holder of a suppliers license is authorized to sell | ||||||
15 | or lease,
and to contract to sell or lease, gambling equipment | ||||||
16 | and supplies to any
licensee involved in the ownership or | ||||||
17 | management of gambling operations.
| ||||||
18 | (c) Gambling supplies and equipment may not be distributed
| ||||||
19 | unless supplies and equipment conform to standards adopted by
| ||||||
20 | rules of the Board.
| ||||||
21 | (d) A person, firm or corporation is ineligible to receive | ||||||
22 | a suppliers
license if:
| ||||||
23 | (1) the person has been convicted of a felony under the | ||||||
24 | laws of this
State, any other state, or the United States;
| ||||||
25 | (2) the person has been convicted of any violation of |
| |||||||
| |||||||
1 | Article 28 of the
Criminal Code of 1961, or substantially | ||||||
2 | similar laws of any other jurisdiction;
| ||||||
3 | (3) the person has submitted an application for a | ||||||
4 | license under this
Act which contains false information;
| ||||||
5 | (4) the person is a member of the Board;
| ||||||
6 | (5) the firm or corporation is one in which a person | ||||||
7 | defined in (1),
(2), (3) or (4), is an officer, director or | ||||||
8 | managerial employee;
| ||||||
9 | (6) the firm or corporation employs a person who | ||||||
10 | participates in the
management or operation of riverboat | ||||||
11 | gambling authorized under this Act;
| ||||||
12 | (7) the license of the person, firm or corporation | ||||||
13 | issued under
this Act, or a license to own or operate | ||||||
14 | gambling facilities
in any other jurisdiction, has been | ||||||
15 | revoked.
| ||||||
16 | (e) Any person that supplies any equipment, devices, or | ||||||
17 | supplies to a
licensed riverboat gambling operation or | ||||||
18 | electronic gaming operation must
first obtain a suppliers
| ||||||
19 | license. A supplier shall furnish to the Board a list of all | ||||||
20 | equipment,
devices and supplies offered for sale or lease in | ||||||
21 | connection with gambling
games authorized under this Act. A | ||||||
22 | supplier shall keep books and records
for the furnishing of | ||||||
23 | equipment, devices and supplies to gambling
operations | ||||||
24 | separate and distinct from any other business that the supplier
| ||||||
25 | might operate. A supplier shall file a quarterly return with | ||||||
26 | the Board
listing all sales and leases. A supplier shall |
| |||||||
| |||||||
1 | permanently affix its name
to all its equipment, devices, and | ||||||
2 | supplies for gambling operations.
Any supplier's equipment, | ||||||
3 | devices or supplies which are used by any person
in an | ||||||
4 | unauthorized gambling operation shall be forfeited to the | ||||||
5 | State. A
holder of an owners license or an electronic gaming | ||||||
6 | license
licensed
owner may own its own equipment, devices and | ||||||
7 | supplies. Each
holder of an owners license or an electronic | ||||||
8 | gaming license under the
Act shall file an annual report
| ||||||
9 | listing its inventories of gambling equipment, devices and | ||||||
10 | supplies.
| ||||||
11 | (f) Any person who knowingly makes a false statement on an | ||||||
12 | application
is guilty of a Class A misdemeanor.
| ||||||
13 | (g) Any gambling equipment, devices and supplies provided | ||||||
14 | by any
licensed supplier may either be repaired on the | ||||||
15 | riverboat or in an electronic
gaming
facility or removed from
| ||||||
16 | the riverboat or electronic gaming facility to a
an on-shore
| ||||||
17 | facility owned by the holder of an owners
license or electronic | ||||||
18 | gaming license for repair.
| ||||||
19 | (Source: P.A. 86-1029; 87-826.)
| ||||||
20 | (230 ILCS 10/9)
(from Ch. 120, par. 2409)
| ||||||
21 | Sec. 9. Occupational licenses.
| ||||||
22 | (a) The Board may issue an occupational license to an | ||||||
23 | applicant upon the
payment of a non-refundable fee set by the | ||||||
24 | Board, upon a determination by
the Board that the applicant is | ||||||
25 | eligible for an occupational license and
upon payment of an |
| |||||||
| |||||||
1 | annual license fee in an amount to be established. To
be | ||||||
2 | eligible for an occupational license, an applicant must:
| ||||||
3 | (1) be at least 21 years of age if the applicant will | ||||||
4 | perform any
function involved in gaming by patrons. Any | ||||||
5 | applicant seeking an
occupational license for a non-gaming | ||||||
6 | function shall be at least 18 years
of age;
| ||||||
7 | (2) not have been convicted of a felony offense, a | ||||||
8 | violation of Article
28 of the Criminal Code of 1961, or a | ||||||
9 | similar statute of any other
jurisdiction, or a crime | ||||||
10 | involving dishonesty or moral turpitude;
| ||||||
11 | (3) have demonstrated a level of skill or knowledge | ||||||
12 | which the Board
determines to be necessary in order to | ||||||
13 | operate gambling aboard a riverboat or
at an electronic | ||||||
14 | gaming facility ; and
| ||||||
15 | (4) have met standards for the holding of an | ||||||
16 | occupational license as
adopted by rules of the Board. Such | ||||||
17 | rules shall provide that any person or
entity seeking an | ||||||
18 | occupational license to manage gambling operations
| ||||||
19 | hereunder shall be subject to background inquiries and | ||||||
20 | further requirements
similar to those required of | ||||||
21 | applicants for an owners license.
Furthermore, such rules | ||||||
22 | shall provide that each such entity shall be
permitted to | ||||||
23 | manage gambling operations for only one licensed owner.
| ||||||
24 | (b) Each application for an occupational license shall be | ||||||
25 | on forms
prescribed by the Board and shall contain all | ||||||
26 | information required by the
Board. The applicant shall set |
| |||||||
| |||||||
1 | forth in the application: whether he has been
issued prior | ||||||
2 | gambling related licenses; whether he has been licensed in any
| ||||||
3 | other state under any other name, and, if so, such name and his | ||||||
4 | age; and
whether or not a permit or license issued to him in | ||||||
5 | any other state has
been suspended, restricted or revoked, and, | ||||||
6 | if so, for what period of time.
| ||||||
7 | (c) Each applicant shall submit with his application, on | ||||||
8 | forms provided
by the Board, 2 sets of his fingerprints. The | ||||||
9 | Board shall charge each
applicant a fee set by the Department | ||||||
10 | of State Police to defray the costs
associated with the search | ||||||
11 | and classification of fingerprints obtained by
the Board with | ||||||
12 | respect to the applicant's application. These fees shall be
| ||||||
13 | paid into the State Police Services Fund.
| ||||||
14 | (d) The Board may in its discretion refuse an occupational | ||||||
15 | license to
any person: (1) who is unqualified to perform the | ||||||
16 | duties required of such
applicant; (2) who fails to disclose or | ||||||
17 | states falsely any information
called for in the application; | ||||||
18 | (3) who has been found guilty of a
violation of this Act or | ||||||
19 | whose prior gambling related license or
application therefor | ||||||
20 | has been suspended, restricted, revoked or denied for
just | ||||||
21 | cause in any other state; or (4) for any other just cause.
| ||||||
22 | (e) The Board may suspend, revoke or restrict any | ||||||
23 | occupational licensee:
(1) for violation of any provision of | ||||||
24 | this Act; (2) for violation of any
of the rules and regulations | ||||||
25 | of the Board; (3) for any cause which, if
known to the Board, | ||||||
26 | would have disqualified the applicant from receiving
such |
| |||||||
| |||||||
1 | license; or (4) for default in the payment of any obligation or | ||||||
2 | debt
due to the State of Illinois; or (5) for any other just | ||||||
3 | cause.
| ||||||
4 | (f) A person who knowingly makes a false statement on an | ||||||
5 | application is
guilty of a Class A misdemeanor.
| ||||||
6 | (g) Any license issued pursuant to this Section shall be | ||||||
7 | valid for a
period of one year from the date of issuance.
| ||||||
8 | (h) Nothing in this Act shall be interpreted to prohibit a | ||||||
9 | licensed
owner or electronic gaming licensee from entering into | ||||||
10 | an agreement
with a
school approved under the
Private Business | ||||||
11 | and Vocational Schools Act for the training of any
occupational | ||||||
12 | licensee. Any training offered by such a school shall be in
| ||||||
13 | accordance with a written agreement between the licensed owner | ||||||
14 | or electronic
gaming licensee and the school.
| ||||||
15 | (i) Any training provided for occupational licensees may be | ||||||
16 | conducted
either at the site of the gambling facility
on the | ||||||
17 | riverboat or at a
school with which a licensed owner or | ||||||
18 | electronic gaming licensee has
entered into an agreement | ||||||
19 | pursuant to subsection (h).
| ||||||
20 | (Source: P.A. 86-1029; 87-826.)
| ||||||
21 | (230 ILCS 10/11) (from Ch. 120, par. 2411)
| ||||||
22 | Sec. 11. Conduct of gambling. Gambling may be conducted by | ||||||
23 | licensed owners or licensed managers on behalf
of the State | ||||||
24 | aboard riverboats . Gambling may be conducted by electronic | ||||||
25 | gaming licensees at limited
gaming facilities. Gambling |
| |||||||
| |||||||
1 | authorized under this Section shall be ,
subject to the | ||||||
2 | following standards:
| ||||||
3 | (1) A licensee may conduct riverboat gambling | ||||||
4 | authorized under this Act
regardless of whether it conducts | ||||||
5 | excursion cruises. A licensee may permit
the continuous | ||||||
6 | ingress and egress of passengers for the purpose of | ||||||
7 | gambling.
| ||||||
8 | (2) (Blank).
| ||||||
9 | (3) Minimum and maximum wagers on games shall be set by | ||||||
10 | the licensee.
| ||||||
11 | (4) Agents of the Board and the Department of State | ||||||
12 | Police may board
and inspect any riverboat or enter and | ||||||
13 | inspect any portion of an electronic gaming
facility where | ||||||
14 | electronic
gaming is conducted at any time for the purpose | ||||||
15 | of determining
whether this Act is being complied with. | ||||||
16 | Every riverboat, if under way and
being hailed by a law | ||||||
17 | enforcement officer or agent of the Board, must stop
| ||||||
18 | immediately and lay to.
| ||||||
19 | (5) Employees of the Board shall have the right to be | ||||||
20 | present on the
riverboat or on adjacent facilities under | ||||||
21 | the control of the licensee and at the electronic gaming | ||||||
22 | facility under the
control of the electronic gaming | ||||||
23 | licensee .
| ||||||
24 | (6) Gambling equipment and supplies customarily used | ||||||
25 | in conducting
riverboat gambling or electronic gaming must | ||||||
26 | be purchased or leased only from suppliers licensed
for |
| |||||||
| |||||||
1 | such purpose under this Act.
| ||||||
2 | (7) Persons licensed under this Act shall permit no | ||||||
3 | form of wagering on
gambling games except as permitted by | ||||||
4 | this Act.
| ||||||
5 | (8) Wagers may be received only from a person present | ||||||
6 | on a licensed
riverboat or at an electronic gaming | ||||||
7 | facility . No person present on a licensed riverboat or at | ||||||
8 | an electronic gaming facility shall place
or attempt to | ||||||
9 | place a wager on behalf of another person who is not | ||||||
10 | present
on the riverboat or at the electronic gaming | ||||||
11 | facility .
| ||||||
12 | (9) Wagering , including electronic gaming, shall not | ||||||
13 | be conducted with money or other negotiable
currency.
| ||||||
14 | (10) A person under age 21 shall not be permitted on an | ||||||
15 | area of a
riverboat where gambling is being conducted or at | ||||||
16 | an electronic gaming facility where gambling is conducted , | ||||||
17 | except for a person at least
18 years of age who is an | ||||||
18 | employee of the riverboat gambling operation or electronic | ||||||
19 | gaming operation . No
employee under age 21 shall perform | ||||||
20 | any function involved in gambling by
the patrons. No person | ||||||
21 | under age 21 shall be permitted to make a wager under
this | ||||||
22 | Act.
| ||||||
23 | (11) Gambling excursion cruises are permitted only | ||||||
24 | when the waterway for
which the riverboat is licensed is | ||||||
25 | navigable, as determined by
the Board in consultation with | ||||||
26 | the U.S. Army Corps of Engineers.
This paragraph (11) does |
| |||||||
| |||||||
1 | not limit the ability of a licensee to conduct
gambling | ||||||
2 | authorized under this Act when gambling excursion cruises | ||||||
3 | are not
permitted.
| ||||||
4 | (12) All tokens, chips , or electronic cards used to | ||||||
5 | make wagers must be
purchased (i) from a licensed owner or | ||||||
6 | manager , in the case of a riverboat, either aboard the
a
| ||||||
7 | riverboat or at
an onshore
facility which has been approved | ||||||
8 | by the Board and which is located where
the riverboat docks | ||||||
9 | or (ii) from an electronic gaming licensee at the | ||||||
10 | electronic gaming facility . The tokens, chips or | ||||||
11 | electronic cards may be
purchased by means of an agreement | ||||||
12 | under which the owner or manager extends
credit to
the | ||||||
13 | patron. Such tokens, chips or electronic cards may be used
| ||||||
14 | while aboard the riverboat or at the electronic gaming | ||||||
15 | facility only for the purpose of making wagers on
gambling | ||||||
16 | games.
| ||||||
17 | (13) Notwithstanding any other Section of this Act, in | ||||||
18 | addition to the
other licenses authorized under this Act, | ||||||
19 | the Board may issue special event
licenses allowing persons | ||||||
20 | who are not otherwise licensed to conduct
riverboat | ||||||
21 | gambling to conduct such gambling on a specified date or | ||||||
22 | series
of dates. Riverboat gambling under such a license | ||||||
23 | may take place on a
riverboat not normally used for | ||||||
24 | riverboat gambling. The Board shall
establish standards, | ||||||
25 | fees and fines for, and limitations upon, such
licenses, | ||||||
26 | which may differ from the standards, fees, fines and |
| |||||||
| |||||||
1 | limitations
otherwise applicable under this Act. All such | ||||||
2 | fees shall be deposited into
the State Gaming Fund. All | ||||||
3 | such fines shall be deposited into the
Education Assistance | ||||||
4 | Fund, created by Public Act 86-0018, of the State
of | ||||||
5 | Illinois.
| ||||||
6 | (14) In addition to the above, gambling must be | ||||||
7 | conducted in accordance
with all rules adopted by the | ||||||
8 | Board.
| ||||||
9 | (Source: P.A. 93-28, eff. 6-20-03.)
| ||||||
10 | (230 ILCS 10/11.1) (from Ch. 120, par. 2411.1)
| ||||||
11 | Sec. 11.1. Collection of amounts owing under credit | ||||||
12 | agreements. Notwithstanding any applicable statutory provision | ||||||
13 | to the contrary, a
licensed owner or manager or electronic | ||||||
14 | gaming licensee who extends credit to a riverboat gambling | ||||||
15 | patron
pursuant
to Section 11 (a) (12) of this Act is expressly | ||||||
16 | authorized to institute a
cause of action to collect any | ||||||
17 | amounts due and owing under the extension of
credit, as well as | ||||||
18 | the owner's or manager's costs, expenses and reasonable
| ||||||
19 | attorney's
fees incurred in collection.
| ||||||
20 | (Source: P.A. 93-28, eff. 6-20-03.)
| ||||||
21 | (230 ILCS 10/13) (from Ch. 120, par. 2413)
| ||||||
22 | Sec. 13. Wagering tax; rate; distribution.
| ||||||
23 | (a) Until January 1, 1998, a tax is imposed on the adjusted | ||||||
24 | gross
receipts received from gambling games authorized under |
| |||||||
| |||||||
1 | this Act at the rate of
20%.
| ||||||
2 | (a-1) From January 1, 1998 until July 1, 2002, a privilege | ||||||
3 | tax is
imposed on persons engaged in the business of conducting | ||||||
4 | riverboat gambling
operations, based on the adjusted gross | ||||||
5 | receipts received by a licensed owner
from gambling games | ||||||
6 | authorized under this Act at the following rates:
| ||||||
7 | 15% of annual adjusted gross receipts up to and | ||||||
8 | including $25,000,000;
| ||||||
9 | 20% of annual adjusted gross receipts in excess of | ||||||
10 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
11 | 25% of annual adjusted gross receipts in excess of | ||||||
12 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
13 | 30% of annual adjusted gross receipts in excess of | ||||||
14 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
15 | 35% of annual adjusted gross receipts in excess of | ||||||
16 | $100,000,000.
| ||||||
17 | (a-2) From July 1, 2002 until July 1, 2003, a privilege tax | ||||||
18 | is imposed on
persons engaged in the business of conducting | ||||||
19 | riverboat gambling operations,
other than licensed managers | ||||||
20 | conducting riverboat gambling operations on behalf
of the | ||||||
21 | State, based on the adjusted gross receipts received by a | ||||||
22 | licensed
owner from gambling games authorized under this Act at | ||||||
23 | the following rates:
| ||||||
24 | 15% of annual adjusted gross receipts up to and | ||||||
25 | including $25,000,000;
| ||||||
26 | 22.5% of annual adjusted gross receipts in excess of |
| |||||||
| |||||||
1 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
2 | 27.5% of annual adjusted gross receipts in excess of | ||||||
3 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
4 | 32.5% of annual adjusted gross receipts in excess of | ||||||
5 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
6 | 37.5% of annual adjusted gross receipts in excess of | ||||||
7 | $100,000,000 but not
exceeding $150,000,000;
| ||||||
8 | 45% of annual adjusted gross receipts in excess of | ||||||
9 | $150,000,000 but not
exceeding $200,000,000;
| ||||||
10 | 50% of annual adjusted gross receipts in excess of | ||||||
11 | $200,000,000.
| ||||||
12 | (a-3) Beginning July 1, 2003, a privilege tax is imposed on | ||||||
13 | persons engaged
in the business of conducting riverboat | ||||||
14 | gambling operations, other than
licensed managers conducting | ||||||
15 | riverboat gambling operations on behalf of the
State, based on | ||||||
16 | the adjusted gross receipts received by a licensed owner from
| ||||||
17 | gambling games authorized under this Act at the following | ||||||
18 | rates:
| ||||||
19 | 15% of annual adjusted gross receipts up to and | ||||||
20 | including $25,000,000;
| ||||||
21 | 27.5% of annual adjusted gross receipts in excess of | ||||||
22 | $25,000,000 but not
exceeding $37,500,000;
| ||||||
23 | 32.5% of annual adjusted gross receipts in excess of | ||||||
24 | $37,500,000 but not
exceeding $50,000,000;
| ||||||
25 | 37.5% of annual adjusted gross receipts in excess of | ||||||
26 | $50,000,000 but not
exceeding $75,000,000;
|
| |||||||
| |||||||
1 | 45% of annual adjusted gross receipts in excess of | ||||||
2 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
3 | 50% of annual adjusted gross receipts in excess of | ||||||
4 | $100,000,000 but not
exceeding $250,000,000;
| ||||||
5 | 70% of annual adjusted gross receipts in excess of | ||||||
6 | $250,000,000.
| ||||||
7 | An amount equal to the amount of wagering taxes collected | ||||||
8 | under this
subsection (a-3) that are in addition to the amount | ||||||
9 | of wagering taxes that
would have been collected if the | ||||||
10 | wagering tax rates under subsection (a-2)
were in effect shall | ||||||
11 | be paid into the Common School Fund.
| ||||||
12 | The privilege tax imposed under this subsection (a-3) shall | ||||||
13 | no longer be
imposed beginning on the earlier of (i) July 1, | ||||||
14 | 2005; (ii) the first date
after June 20, 2003 that riverboat | ||||||
15 | gambling operations are conducted
pursuant to a dormant | ||||||
16 | license; or (iii) the first day that riverboat gambling
| ||||||
17 | operations are conducted under the authority of an owners | ||||||
18 | license that is in
addition to the 10 owners licenses initially | ||||||
19 | authorized under this Act.
For the purposes of this subsection | ||||||
20 | (a-3), the term "dormant license"
means an owners license that | ||||||
21 | is authorized by this Act under which no
riverboat gambling | ||||||
22 | operations are being conducted on June 20, 2003.
| ||||||
23 | (a-4) From Beginning on the first day on which the tax | ||||||
24 | imposed under
subsection (a-3) is no longer imposed until the | ||||||
25 | effective date of this
amendatory Act of the 96th General | ||||||
26 | Assembly , a privilege tax is imposed on persons
engaged in the |
| |||||||
| |||||||
1 | business of conducting riverboat gambling operations, other
| ||||||
2 | than licensed managers conducting riverboat gambling | ||||||
3 | operations on behalf of
the State, based on the adjusted gross | ||||||
4 | receipts received by a licensed owner
from gambling games | ||||||
5 | authorized under this Act at the following rates:
| ||||||
6 | 15% of annual adjusted gross receipts up to and | ||||||
7 | including $25,000,000;
| ||||||
8 | 22.5% of annual adjusted gross receipts in excess of | ||||||
9 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
10 | 27.5% of annual adjusted gross receipts in excess of | ||||||
11 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
12 | 32.5% of annual adjusted gross receipts in excess of | ||||||
13 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
14 | 37.5% of annual adjusted gross receipts in excess of | ||||||
15 | $100,000,000 but not
exceeding $150,000,000;
| ||||||
16 | 45% of annual adjusted gross receipts in excess of | ||||||
17 | $150,000,000 but not
exceeding $200,000,000;
| ||||||
18 | 50% of annual adjusted gross receipts in excess of | ||||||
19 | $200,000,000.
| ||||||
20 | (a-5) Beginning on the effective date of this amendatory | ||||||
21 | Act of the 96th General
Assembly, a privilege tax is imposed on | ||||||
22 | persons engaged in the business of
conducting riverboat | ||||||
23 | gambling operations, based on the adjusted gross receipts
| ||||||
24 | received by a licensed owner from gambling games authorized | ||||||
25 | under this Act, and
on persons conducting electronic gaming, | ||||||
26 | based on the adjusted gross receipts
received by an electronic |
| |||||||
| |||||||
1 | gaming licensee from electronic gambling, at
the following | ||||||
2 | rates:
| ||||||
3 | 15% of annual adjusted gross receipts up to and | ||||||
4 | including $25,000,000;
| ||||||
5 | 20% of annual adjusted gross receipts in excess of | ||||||
6 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
7 | 25% of annual adjusted gross receipts in excess of | ||||||
8 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
9 | 30% of annual adjusted gross receipts in excess of | ||||||
10 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
11 | 35% of annual adjusted gross receipts in excess of | ||||||
12 | $100,000,000 but not
exceeding $400,000,000;
| ||||||
13 | 40% of annual adjusted gross receipts in excess of | ||||||
14 | $400,000,000 but not
exceeding $450,000,000;
| ||||||
15 | 45% of annual adjusted gross receipts in excess of | ||||||
16 | $450,000,000 but not
exceeding $500,000,000;
| ||||||
17 | 50% of annual adjusted gross receipts in excess of | ||||||
18 | $500,000,000.
| ||||||
19 | (a-8) Riverboat gambling operations conducted by a | ||||||
20 | licensed manager on
behalf of the State are not subject to the | ||||||
21 | tax imposed under this Section.
| ||||||
22 | (a-10) The taxes imposed by this Section shall be paid by | ||||||
23 | the licensed
owner or
electronic gaming licensee to the Board | ||||||
24 | not later than 3:00 o'clock p.m. of the day after the day
when | ||||||
25 | the wagers were made.
| ||||||
26 | (a-15) If the privilege tax imposed under subsection (a-3) |
| |||||||
| |||||||
1 | is no longer imposed pursuant to item (i) of the last paragraph | ||||||
2 | of subsection (a-3), then by June 15 of each year, each owners | ||||||
3 | licensee, other than an owners licensee that admitted 1,000,000 | ||||||
4 | persons or
fewer in calendar year 2004, must, in addition to | ||||||
5 | the payment of all amounts otherwise due under this Section, | ||||||
6 | pay to the Board a reconciliation payment in the amount, if | ||||||
7 | any, by which the licensed owner's base amount exceeds the | ||||||
8 | amount of net privilege tax paid by the licensed owner to the | ||||||
9 | Board in the then current State fiscal year. A licensed owner's | ||||||
10 | net privilege tax obligation due for the balance of the State | ||||||
11 | fiscal year shall be reduced up to the total of the amount paid | ||||||
12 | by the licensed owner in its June 15 reconciliation payment. | ||||||
13 | The obligation imposed by this subsection (a-15) is binding on | ||||||
14 | any person, firm, corporation, or other entity that acquires an | ||||||
15 | ownership interest in any such owners license. The obligation | ||||||
16 | imposed under this subsection (a-15) terminates on the earliest | ||||||
17 | of: (i) July 1, 2007, (ii) the first day after the effective | ||||||
18 | date of this amendatory Act of the 94th General Assembly that | ||||||
19 | riverboat gambling operations are conducted pursuant to a | ||||||
20 | dormant license, (iii) the first day that riverboat gambling | ||||||
21 | operations are conducted under the authority of an owners | ||||||
22 | license that is in addition to the 10 owners licenses initially | ||||||
23 | authorized under this Act, or (iv) the first day that a | ||||||
24 | licensee under the Illinois Horse Racing Act of 1975 conducts | ||||||
25 | gaming operations with slot machines or other electronic gaming | ||||||
26 | devices. The Board must reduce the obligation imposed under |
| |||||||
| |||||||
1 | this subsection (a-15) by an amount the Board deems reasonable | ||||||
2 | for any of the following reasons: (A) an act or acts of God, | ||||||
3 | (B) an act of bioterrorism or terrorism or a bioterrorism or | ||||||
4 | terrorism threat that was investigated by a law enforcement | ||||||
5 | agency, or (C) a condition beyond the control of the owners | ||||||
6 | licensee that does not result from any act or omission by the | ||||||
7 | owners licensee or any of its agents and that poses a hazardous | ||||||
8 | threat to the health and safety of patrons. If an owners | ||||||
9 | licensee pays an amount in excess of its liability under this | ||||||
10 | Section, the Board shall apply the overpayment to future | ||||||
11 | payments required under this Section. | ||||||
12 | For purposes of this subsection (a-15): | ||||||
13 | "Act of God" means an incident caused by the operation of | ||||||
14 | an extraordinary force that cannot be foreseen, that cannot be | ||||||
15 | avoided by the exercise of due care, and for which no person | ||||||
16 | can be held liable.
| ||||||
17 | "Base amount" means the following: | ||||||
18 | For a riverboat in Alton, $31,000,000.
| ||||||
19 | For a riverboat in East Peoria, $43,000,000.
| ||||||
20 | For the Empress riverboat in Joliet, $86,000,000.
| ||||||
21 | For a riverboat in Metropolis, $45,000,000.
| ||||||
22 | For the Harrah's riverboat in Joliet, $114,000,000.
| ||||||
23 | For a riverboat in Aurora, $86,000,000.
| ||||||
24 | For a riverboat in East St. Louis, $48,500,000.
| ||||||
25 | For a riverboat in Elgin, $198,000,000.
| ||||||
26 | "Dormant license" has the meaning ascribed to it in |
| |||||||
| |||||||
1 | subsection (a-3).
| ||||||
2 | "Net privilege tax" means all privilege taxes paid by a | ||||||
3 | licensed owner to the Board under this Section, less all | ||||||
4 | payments made from the State Gaming Fund pursuant to subsection | ||||||
5 | (b) of this Section. | ||||||
6 | The changes made to this subsection (a-15) by Public Act | ||||||
7 | 94-839 are intended to restate and clarify the intent of Public | ||||||
8 | Act 94-673 with respect to the amount of the payments required | ||||||
9 | to be made under this subsection by an owners licensee to the | ||||||
10 | Board.
| ||||||
11 | (b) Until January 1, 1998, 25% of the tax revenue deposited | ||||||
12 | in the State
Gaming Fund under this Section shall be paid, | ||||||
13 | subject to appropriation by the
General Assembly, to the unit | ||||||
14 | of local government which is designated as the
home dock of the | ||||||
15 | riverboat. Beginning January 1, 1998, from the tax revenue
| ||||||
16 | deposited in the State Gaming Fund under this Section, an | ||||||
17 | amount equal to 5% of
adjusted gross receipts generated by a | ||||||
18 | riverboat shall be paid monthly, subject
to appropriation by | ||||||
19 | the General Assembly, to the unit of local government that
is | ||||||
20 | designated as the home dock of the riverboat. From the tax | ||||||
21 | revenue
deposited in the State Gaming Fund pursuant to | ||||||
22 | riverboat gambling operations
conducted by a licensed manager | ||||||
23 | on behalf of the State, an amount equal to 5%
of adjusted gross | ||||||
24 | receipts generated pursuant to those riverboat gambling
| ||||||
25 | operations shall be paid monthly,
subject to appropriation by | ||||||
26 | the General Assembly, to the unit of local
government that is |
| |||||||
| |||||||
1 | designated as the home dock of the riverboat upon which
those | ||||||
2 | riverboat gambling operations are conducted.
| ||||||
3 | (c) Appropriations, as approved by the General Assembly, | ||||||
4 | may be made
from the State Gaming Fund to the Department of | ||||||
5 | Revenue and the Department
of State Police for the | ||||||
6 | administration and enforcement of this Act and the Video Gaming | ||||||
7 | Act, or to the
Department of Human Services for the | ||||||
8 | administration of programs to treat
problem gambling.
| ||||||
9 | (c-5) Before May 26, 2006 (the effective date of Public Act | ||||||
10 | 94-804) and beginning on the effective date of this amendatory | ||||||
11 | Act of the 95th General Assembly, unless any organization | ||||||
12 | licensee under the Illinois Horse Racing Act of 1975 begins to | ||||||
13 | operate a slot machine or video game of chance under the | ||||||
14 | Illinois Horse Racing Act of 1975 or this Act, after the | ||||||
15 | payments required under subsections (b) and (c) have been
made, | ||||||
16 | an amount equal to 15% of the adjusted gross receipts of (1) an | ||||||
17 | owners
licensee that relocates pursuant to Section 11.2,
(2) an | ||||||
18 | owners licensee
conducting riverboat gambling operations
| ||||||
19 | pursuant to an
owners license that is initially issued after | ||||||
20 | June
25, 1999,
or (3) the first
riverboat gambling operations | ||||||
21 | conducted by a licensed manager on behalf of the
State under | ||||||
22 | Section 7.3,
whichever comes first, shall be paid from the | ||||||
23 | State
Gaming Fund into the Horse Racing Equity Fund.
| ||||||
24 | (c-10) Each year the General Assembly shall appropriate | ||||||
25 | from the General
Revenue Fund to the Education Assistance Fund | ||||||
26 | an amount equal to the amount
paid into the Horse Racing Equity |
| |||||||
| |||||||
1 | Fund pursuant to subsection (c-5) in the
prior calendar year.
| ||||||
2 | (c-15) After the payments required under subsections (b), | ||||||
3 | (c), and (c-5)
have been made, an amount equal to 2% of the | ||||||
4 | adjusted gross receipts of (1)
an owners licensee that | ||||||
5 | relocates pursuant to Section 11.2, (2) an owners
licensee | ||||||
6 | conducting riverboat gambling operations pursuant to
an
owners | ||||||
7 | license that is initially issued after June 25, 1999,
or (3) | ||||||
8 | the first
riverboat gambling operations conducted by a licensed | ||||||
9 | manager on behalf of the
State under Section 7.3,
whichever | ||||||
10 | comes first, shall be paid, subject to appropriation
from the | ||||||
11 | General Assembly, from the State Gaming Fund to each home rule
| ||||||
12 | county with a population of over 3,000,000 inhabitants for the | ||||||
13 | purpose of
enhancing the county's criminal justice system.
| ||||||
14 | (c-20) Each year the General Assembly shall appropriate | ||||||
15 | from the General
Revenue Fund to the Education Assistance Fund | ||||||
16 | an amount equal to the amount
paid to each home rule county | ||||||
17 | with a population of over 3,000,000 inhabitants
pursuant to | ||||||
18 | subsection (c-15) in the prior calendar year.
| ||||||
19 | (c-25) After the payments required under subsections (b), | ||||||
20 | (c), (c-5) and
(c-15) have been made, an amount equal to 2% of | ||||||
21 | the
adjusted gross receipts of (1) an owners licensee
that
| ||||||
22 | relocates pursuant to Section 11.2, (2) an
owners
licensee | ||||||
23 | conducting riverboat gambling operations pursuant to
an
owners | ||||||
24 | license
that is initially issued after June 25, 1999,
or (3) | ||||||
25 | the first
riverboat gambling operations conducted by a licensed | ||||||
26 | manager on behalf of the
State under Section 7.3,
whichever
|
| |||||||
| |||||||
1 | comes first,
shall be paid from the State
Gaming Fund to | ||||||
2 | Chicago State University.
| ||||||
3 | (d) From time to time, the
Board shall transfer the | ||||||
4 | remainder of the funds
generated by this Act into the Education
| ||||||
5 | Assistance Fund, created by Public Act 86-0018, of the State of | ||||||
6 | Illinois.
| ||||||
7 | (e) Nothing in this Act shall prohibit the unit of local | ||||||
8 | government
designated as the home dock of the riverboat from | ||||||
9 | entering into agreements
with other units of local government | ||||||
10 | in this State or in other states to
share its portion of the | ||||||
11 | tax revenue.
| ||||||
12 | (f) To the extent practicable, the Board shall administer | ||||||
13 | and collect the
wagering taxes imposed by this Section in a | ||||||
14 | manner consistent with the
provisions of Sections 4, 5, 5a, 5b, | ||||||
15 | 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of the | ||||||
16 | Retailers' Occupation Tax Act and Section 3-7 of the
Uniform | ||||||
17 | Penalty and Interest Act.
| ||||||
18 | (Source: P.A. 95-331, eff. 8-21-07; 95-1008, eff. 12-15-08; | ||||||
19 | 96-37, eff. 7-13-09.)
| ||||||
20 | (230 ILCS 10/14)
(from Ch. 120, par. 2414)
| ||||||
21 | Sec. 14. Licensees - Records - Reports - Supervision.
| ||||||
22 | (a) A Licensed owners and electronic gaming licensees
owner
| ||||||
23 | shall
keep their
his books and records so as to clearly show | ||||||
24 | the following:
| ||||||
25 | (1) The amount received daily from admission fees.
|
| |||||||
| |||||||
1 | (2) The total amount of gross receipts.
| ||||||
2 | (3) The total amount of the adjusted gross receipts.
| ||||||
3 | (b) The Licensed owners and electronic gaming licensees
| ||||||
4 | owner
shall
furnish to the Board reports and information as
the | ||||||
5 | Board may require with respect to its activities on forms | ||||||
6 | designed and
supplied for such purpose by the Board.
| ||||||
7 | (c) The books and records kept by a licensed owner or | ||||||
8 | electronic gaming
licensee as provided by this Section are
| ||||||
9 | public records and the examination, publication, and | ||||||
10 | dissemination of the
books and records are governed by the | ||||||
11 | provisions of The Freedom of Information
Act.
| ||||||
12 | (Source: P.A. 86-1029.)
| ||||||
13 | (230 ILCS 10/18)
(from Ch. 120, par. 2418)
| ||||||
14 | Sec. 18. Prohibited Activities - Penalty.
| ||||||
15 | (a) A person is guilty of a Class A misdemeanor for doing | ||||||
16 | any of the
following:
| ||||||
17 | (1) Conducting gambling where wagering
is used or to be | ||||||
18 | used
without a license issued by the Board.
| ||||||
19 | (2) Conducting gambling where wagering
is permitted | ||||||
20 | other
than in the manner specified by Section 11.
| ||||||
21 | (b) A person is guilty of a Class B misdemeanor for doing | ||||||
22 | any of the
following:
| ||||||
23 | (1) permitting a person under 21 years to make a wager; | ||||||
24 | or
| ||||||
25 | (2) violating paragraph (12) of subsection (a) of |
| |||||||
| |||||||
1 | Section 11 of this Act.
| ||||||
2 | (c) A person wagering or accepting a wager at any location | ||||||
3 | outside the
riverboat electronic gaming facility in violation | ||||||
4 | of paragraph
is
subject
to the penalties in paragraphs (1) or | ||||||
5 | (2) of
subsection (a) of Section 28-1 of the Criminal Code of | ||||||
6 | 1961 is subject to the
penalties provided in that Section .
| ||||||
7 | (d) A person commits a Class 4 felony and, in addition, | ||||||
8 | shall be barred
for life from gambling operations
riverboats
| ||||||
9 | under the jurisdiction of
the
Board, if the person does any of | ||||||
10 | the following:
| ||||||
11 | (1) Offers, promises, or gives anything of value or | ||||||
12 | benefit to a person
who is connected with a riverboat owner | ||||||
13 | or electronic gaming licensee
including, but
not limited | ||||||
14 | to, an officer or employee of a licensed owner or | ||||||
15 | electronic
gaming
licensee or holder of an
occupational | ||||||
16 | license pursuant to an agreement or arrangement or with the
| ||||||
17 | intent that the promise or thing of value or benefit will | ||||||
18 | influence the
actions of the person to whom the offer, | ||||||
19 | promise, or gift was made in order
to affect or attempt to | ||||||
20 | affect the outcome of a gambling game, or to
influence | ||||||
21 | official action of a member of the Board.
| ||||||
22 | (2) Solicits or knowingly accepts or receives a promise | ||||||
23 | of anything of
value or benefit while the person is | ||||||
24 | connected with a riverboat or
electronic gaming facility, | ||||||
25 | including, but not limited to, an officer or
employee of a
| ||||||
26 | licensed owner or electronic gaming licensee ,
or the holder |
| |||||||
| |||||||
1 | of an occupational license, pursuant to an understanding or
| ||||||
2 | arrangement or with the intent that the promise or thing of | ||||||
3 | value or
benefit will influence the actions of the person | ||||||
4 | to affect or attempt to
affect the outcome of a gambling | ||||||
5 | game, or to influence official action of a
member of the | ||||||
6 | Board.
| ||||||
7 | (3) Uses or possesses with the intent to use a device | ||||||
8 | to assist:
| ||||||
9 | (i) In projecting the outcome of the game.
| ||||||
10 | (ii) In keeping track of the cards played.
| ||||||
11 | (iii) In analyzing the probability of the | ||||||
12 | occurrence of an event
relating to the gambling game.
| ||||||
13 | (iv) In analyzing the strategy for playing or | ||||||
14 | betting to be used in the
game except as permitted by | ||||||
15 | the Board.
| ||||||
16 | (4) Cheats at a gambling game.
| ||||||
17 | (5) Manufactures, sells, or distributes any cards, | ||||||
18 | chips, dice, game or
device which is intended to be used to | ||||||
19 | violate any provision of this Act.
| ||||||
20 | (6) Alters or misrepresents the outcome of a gambling | ||||||
21 | game on which
wagers have been made after the outcome is | ||||||
22 | made sure but before it is
revealed to the players.
| ||||||
23 | (7) Places a bet after acquiring knowledge, not | ||||||
24 | available to all players,
of the outcome of the gambling | ||||||
25 | game which is subject of the bet or to aid a
person in | ||||||
26 | acquiring the knowledge for the purpose of placing a bet
|
| |||||||
| |||||||
1 | contingent on that outcome.
| ||||||
2 | (8) Claims, collects, or takes, or attempts to claim, | ||||||
3 | collect, or take,
money or anything of value in or from the | ||||||
4 | gambling games, with intent to
defraud, without having made | ||||||
5 | a wager contingent on winning a gambling game,
or claims, | ||||||
6 | collects, or takes an amount of money or thing of value of
| ||||||
7 | greater value than the amount won.
| ||||||
8 | (9) Uses counterfeit chips or tokens in a gambling | ||||||
9 | game.
| ||||||
10 | (10) Possesses any key or device designed for the | ||||||
11 | purpose of opening,
entering, or affecting the operation of | ||||||
12 | a gambling game, drop box, or an
electronic or mechanical | ||||||
13 | device connected with the gambling game or for
removing | ||||||
14 | coins, tokens, chips or other contents of a gambling game. | ||||||
15 | This
paragraph (10) does not apply to a gambling licensee | ||||||
16 | or employee of a
gambling licensee acting in furtherance of | ||||||
17 | the employee's employment.
| ||||||
18 | (e) The possession of more than one of the devices | ||||||
19 | described in
subsection (d), paragraphs (3), (5) or (10) | ||||||
20 | permits a rebuttable
presumption that the possessor intended to | ||||||
21 | use the devices for cheating.
| ||||||
22 | An action to prosecute any crime occurring on a riverboat
| ||||||
23 | shall be tried in the county of the dock at which the riverboat | ||||||
24 | is based.
| ||||||
25 | (Source: P.A. 91-40, eff. 6-25-99.)
|
| |||||||
| |||||||
1 | (230 ILCS 10/19)
(from Ch. 120, par. 2419)
| ||||||
2 | Sec. 19. Forfeiture of property.
| ||||||
3 | (a) Except as provided in subsection (b), any riverboat or | ||||||
4 | electronic
gaming facility used for the conduct of gambling | ||||||
5 | games in violation of this
Act
shall be considered a gambling | ||||||
6 | place in violation of Section 28-3 of the
Criminal Code of | ||||||
7 | 1961, as now or hereafter amended.
Every gambling device found | ||||||
8 | on a riverboat or at an electronic gaming
facility operating | ||||||
9 | gambling games in violation of this Act and every
slot machine | ||||||
10 | found at an electronic gaming facility
operating gambling games | ||||||
11 | in violation of this Act
shall be
subject to seizure, | ||||||
12 | confiscation and destruction as provided in Section 28-5 of
the | ||||||
13 | Criminal Code of 1961, as now or hereafter amended.
| ||||||
14 | (b) It is not a violation of this Act for a riverboat or | ||||||
15 | other
watercraft which is licensed for gaming by a contiguous | ||||||
16 | state to dock on
the shores of this State if the municipality | ||||||
17 | having jurisdiction of the
shores, or the county in the case of | ||||||
18 | unincorporated areas, has granted
permission for docking and no | ||||||
19 | gaming is conducted on the riverboat or other
watercraft while | ||||||
20 | it is docked on the shores of this State.
No gambling device | ||||||
21 | shall be subject to seizure, confiscation or
destruction if the | ||||||
22 | gambling device is located on a riverboat or other
watercraft | ||||||
23 | which is licensed for gaming by a contiguous state and which is
| ||||||
24 | docked on the shores of this State if the municipality having | ||||||
25 | jurisdiction
of the shores, or the county in the case of | ||||||
26 | unincorporated areas, has
granted permission for docking and no
|
| |||||||
| |||||||
1 | gaming is conducted on the riverboat or other watercraft while | ||||||
2 | it is docked on
the shores of this State.
| ||||||
3 | (Source: P.A. 86-1029.)
| ||||||
4 | (230 ILCS 10/20)
(from Ch. 120, par. 2420)
| ||||||
5 | Sec. 20. Prohibited activities - civil penalties. Any | ||||||
6 | person who
conducts a gambling operation without first | ||||||
7 | obtaining a license to do so, or
who continues to conduct such | ||||||
8 | games after revocation of his license, or any
licensee who | ||||||
9 | conducts or allows to be conducted any unauthorized gambling | ||||||
10 | games
on a riverboat or at an electronic gaming facility
where | ||||||
11 | it is authorized to conduct its riverboat
gambling operation, | ||||||
12 | in
addition to
other penalties provided, shall be subject to a | ||||||
13 | civil penalty equal to the
amount of gross receipts derived | ||||||
14 | from wagering on the gambling games,
whether unauthorized or | ||||||
15 | authorized, conducted on that day as well as
confiscation and | ||||||
16 | forfeiture of all gambling game equipment used in the
conduct | ||||||
17 | of unauthorized gambling games.
| ||||||
18 | (Source: P.A. 86-1029.)
| ||||||
19 | Section 15. The Criminal Code of 1961 is amended by | ||||||
20 | changing Sections 28-1, 28-1.1, 28-5, and 28-7 as follows:
| ||||||
21 | (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
| ||||||
22 | Sec. 28-1. Gambling.
| ||||||
23 | (a) A person commits gambling when he:
|
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| |||||||
1 | (1) Plays a game of chance or skill for money or other | ||||||
2 | thing of
value, unless excepted in subsection (b) of this | ||||||
3 | Section; or
| ||||||
4 | (2) Makes a wager upon the result of any game, contest, | ||||||
5 | or any
political nomination, appointment or election; or
| ||||||
6 | (3) Operates, keeps, owns, uses, purchases, exhibits, | ||||||
7 | rents, sells,
bargains for the sale or lease of, | ||||||
8 | manufactures or distributes any
gambling device; or
| ||||||
9 | (4) Contracts to have or give himself or another the | ||||||
10 | option to buy
or sell, or contracts to buy or sell, at a | ||||||
11 | future time, any grain or
other commodity whatsoever, or | ||||||
12 | any stock or security of any company,
where it is at the | ||||||
13 | time of making such contract intended by both parties
| ||||||
14 | thereto that the contract to buy or sell, or the option, | ||||||
15 | whenever
exercised, or the contract resulting therefrom, | ||||||
16 | shall be settled, not by
the receipt or delivery of such | ||||||
17 | property, but by the payment only of
differences in prices | ||||||
18 | thereof; however, the issuance, purchase, sale,
exercise, | ||||||
19 | endorsement or guarantee, by or through a person registered
| ||||||
20 | with the Secretary of State pursuant to Section 8 of the | ||||||
21 | Illinois
Securities Law of 1953, or by or through a person | ||||||
22 | exempt from such
registration under said Section 8, of a | ||||||
23 | put, call, or other option to
buy or sell securities which | ||||||
24 | have been registered with the Secretary of
State or which | ||||||
25 | are exempt from such registration under Section 3 of the
| ||||||
26 | Illinois Securities Law of 1953 is not gambling within the |
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| |||||||
1 | meaning of
this paragraph (4); or
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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; or
| ||||||
7 | (6) Sells pools upon the result of any game or contest | ||||||
8 | of skill or
chance, political nomination, appointment or | ||||||
9 | election; or
| ||||||
10 | (7) Sets up or promotes any lottery or sells, offers to | ||||||
11 | sell or
transfers any ticket or share for any lottery; or
| ||||||
12 | (8) Sets up or promotes any policy game or sells, | ||||||
13 | offers to sell or
knowingly possesses or transfers any | ||||||
14 | policy ticket, slip, record,
document or other similar | ||||||
15 | device; or
| ||||||
16 | (9) Knowingly drafts, prints or publishes any lottery | ||||||
17 | ticket or share,
or any policy ticket, slip, record, | ||||||
18 | document or similar device, except for
such activity | ||||||
19 | related to lotteries, bingo games and raffles authorized by
| ||||||
20 | and conducted in accordance with the laws of Illinois or | ||||||
21 | any other state or
foreign government; or
| ||||||
22 | (10) Knowingly advertises any lottery or policy game, | ||||||
23 | except for such
activity related to lotteries, bingo games | ||||||
24 | and raffles authorized by and
conducted in accordance with | ||||||
25 | the laws of Illinois or any other state; or
| ||||||
26 | (11) Knowingly transmits information as to wagers, |
| |||||||
| |||||||
1 | betting odds, or
changes in betting odds by telephone, | ||||||
2 | telegraph, radio, semaphore or
similar means; or knowingly | ||||||
3 | installs or maintains equipment for the
transmission or | ||||||
4 | receipt of such information; except that nothing in this
| ||||||
5 | subdivision (11) prohibits transmission or receipt of such | ||||||
6 | information
for use in news reporting of sporting events or | ||||||
7 | contests; or
| ||||||
8 | (12) Knowingly establishes, maintains, or operates an | ||||||
9 | Internet site that
permits a person to play a game of
| ||||||
10 | chance or skill for money or other thing of value by means | ||||||
11 | of the Internet or
to make a wager upon the
result of any | ||||||
12 | game, contest, political nomination, appointment, or
| ||||||
13 | election by means of the Internet. This item (12) does not | ||||||
14 | apply to activities referenced in items (6) and (6.1) of | ||||||
15 | subsection (b) of this Section.
| ||||||
16 | (b) Participants in any of the following activities shall | ||||||
17 | not be
convicted of gambling therefor:
| ||||||
18 | (1) Agreements to compensate for loss caused by the | ||||||
19 | happening of
chance including without limitation contracts | ||||||
20 | of indemnity or guaranty
and life or health or accident | ||||||
21 | insurance.
| ||||||
22 | (2) Offers of prizes, award or compensation to the | ||||||
23 | actual
contestants in any bona fide contest for the | ||||||
24 | determination of skill,
speed, strength or endurance or to | ||||||
25 | the owners of animals or vehicles
entered in such contest.
| ||||||
26 | (3) Pari-mutuel betting as authorized by the law of |
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| |||||||
1 | this State.
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2 | (4) Manufacture of gambling devices, including the | ||||||
3 | acquisition of
essential parts therefor and the assembly | ||||||
4 | thereof, for transportation in
interstate or foreign | ||||||
5 | commerce to any place outside this State when such
| ||||||
6 | transportation is not prohibited by any applicable Federal | ||||||
7 | law; or the
manufacture, distribution, or possession of | ||||||
8 | video gaming terminals, as
defined in the Video Gaming Act, | ||||||
9 | by manufacturers, distributors, and
terminal operators | ||||||
10 | licensed to do so under the Video Gaming Act.
| ||||||
11 | (5) The game commonly known as "bingo", when conducted | ||||||
12 | in accordance
with the Bingo License and Tax Act.
| ||||||
13 | (6) Lotteries when conducted by the State of Illinois | ||||||
14 | in accordance
with the Illinois Lottery Law. This exemption | ||||||
15 | includes any activity conducted by the Department of | ||||||
16 | Revenue to sell lottery tickets pursuant to the provisions | ||||||
17 | of the Illinois Lottery Law and its rules.
| ||||||
18 | (6.1) The purchase of lottery tickets through the | ||||||
19 | Internet for a lottery conducted by the State of Illinois | ||||||
20 | under the program established in Section 7.12 of the | ||||||
21 | Illinois Lottery Law.
| ||||||
22 | (7) Possession of an antique slot machine that is | ||||||
23 | neither used nor
intended to be used in the operation or | ||||||
24 | promotion of any unlawful
gambling activity or enterprise. | ||||||
25 | For the purpose of this subparagraph
(b)(7), an antique | ||||||
26 | slot machine is one manufactured 25 years ago or earlier.
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| |||||||
1 | (8) Raffles when conducted in accordance with the | ||||||
2 | Raffles Act.
| ||||||
3 | (9) Charitable games when conducted in accordance with | ||||||
4 | the Charitable
Games Act.
| ||||||
5 | (10) Pull tabs and jar games when conducted under the | ||||||
6 | Illinois Pull
Tabs and Jar Games Act.
| ||||||
7 | (11) Gambling games conducted on riverboats when
| ||||||
8 | authorized by the Riverboat Gambling Act.
| ||||||
9 | (12) Video gaming terminal games at a licensed | ||||||
10 | establishment, licensed truck stop establishment,
licensed
| ||||||
11 | fraternal establishment, or licensed veterans | ||||||
12 | establishment when
conducted in accordance with the Video | ||||||
13 | Gaming Act. | ||||||
14 | (c) Sentence.
| ||||||
15 | Gambling under subsection (a)(1) or (a)(2) of this Section | ||||||
16 | is a
Class A misdemeanor. Gambling under any of subsections | ||||||
17 | (a)(3) through
(a)(11) of this Section is a Class A | ||||||
18 | misdemeanor. A second or
subsequent conviction under any of | ||||||
19 | subsections (a)(3) through (a)(11),
is a Class 4 felony. | ||||||
20 | Gambling under subsection (a)(12) of this Section is a
Class A
| ||||||
21 | misdemeanor. A second or subsequent conviction under | ||||||
22 | subsection (a)(12) is a
Class 4 felony.
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23 | (d) Circumstantial evidence.
| ||||||
24 | In prosecutions under subsection (a)(1) through (a)(12) of
| ||||||
25 | this
Section circumstantial evidence shall have the same | ||||||
26 | validity and weight as
in any criminal prosecution.
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1 | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09.)
| ||||||
2 | (720 ILCS 5/28-1.1)
(from Ch. 38, par. 28-1.1)
| ||||||
3 | Sec. 28-1.1. Syndicated gambling.
| ||||||
4 | (a) Declaration of Purpose. Recognizing the close | ||||||
5 | relationship between
professional gambling and other organized | ||||||
6 | crime, it is declared to be the
policy of the legislature to | ||||||
7 | restrain persons from engaging in the business
of gambling for | ||||||
8 | profit in this State. This Section shall be liberally
construed | ||||||
9 | and administered with a view to carrying out this policy.
| ||||||
10 | (b) A person commits syndicated gambling when he operates a | ||||||
11 | "policy
game" or engages in the business of bookmaking.
| ||||||
12 | (c) A person "operates a policy game" when he knowingly | ||||||
13 | uses any
premises or property for the purpose of receiving or | ||||||
14 | knowingly does
receive from what is commonly called "policy":
| ||||||
15 | (1) money from a person other than the better or player | ||||||
16 | whose
bets or plays are represented by such money; or
| ||||||
17 | (2) written "policy game" records, made or used over | ||||||
18 | any
period of time, from a person other than the better or | ||||||
19 | player whose bets
or plays are represented by such written | ||||||
20 | record.
| ||||||
21 | (d) A person engages in bookmaking when he receives or | ||||||
22 | accepts more
than five bets or wagers upon the result of any | ||||||
23 | trials or contests of
skill, speed or power of endurance or | ||||||
24 | upon any lot, chance, casualty,
unknown or contingent event | ||||||
25 | whatsoever, which bets or wagers shall be of
such size that the |
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| |||||||
1 | total of the amounts of money paid or promised to be
paid to | ||||||
2 | such bookmaker on account thereof shall exceed $2,000.
| ||||||
3 | Bookmaking is the receiving or accepting of such bets or wagers
| ||||||
4 | regardless of the form or manner in which the bookmaker records | ||||||
5 | them.
| ||||||
6 | (e) Participants in any of the following activities shall | ||||||
7 | not be
convicted of syndicated gambling:
| ||||||
8 | (1) Agreements to compensate for loss caused by the | ||||||
9 | happening
of chance including without limitation contracts | ||||||
10 | of indemnity or
guaranty and life or health or accident | ||||||
11 | insurance; and
| ||||||
12 | (2) Offers of prizes, award or compensation to the | ||||||
13 | actual
contestants in any bona fide contest for the | ||||||
14 | determination of skill,
speed, strength or endurance or to | ||||||
15 | the owners of animals or vehicles
entered in such contest; | ||||||
16 | and
| ||||||
17 | (3) Pari-mutuel betting as authorized by law of this | ||||||
18 | State;
and
| ||||||
19 | (4) Manufacture of gambling devices, including the | ||||||
20 | acquisition
of essential parts therefor and the assembly | ||||||
21 | thereof, for transportation
in interstate or foreign | ||||||
22 | commerce to any place outside this State when
such | ||||||
23 | transportation is not prohibited by any applicable Federal | ||||||
24 | law; and
| ||||||
25 | (5) Raffles when conducted in accordance with the | ||||||
26 | Raffles Act; and
|
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| |||||||
1 | (6) Gambling games conducted on riverboats at | ||||||
2 | electronic gaming facilities when
authorized by the | ||||||
3 | Riverboat Gambling Act; and
| ||||||
4 | (7) Video gaming terminal games at a licensed | ||||||
5 | establishment, licensed truck stop establishment,
licensed
| ||||||
6 | fraternal establishment, or licensed veterans | ||||||
7 | establishment
when conducted in accordance with the Video | ||||||
8 | Gaming Act.
| ||||||
9 | (f) Sentence. Syndicated gambling is a Class 3 felony.
| ||||||
10 | (Source: P.A. 96-34, eff. 7-13-09.)
| ||||||
11 | (720 ILCS 5/28-5)
(from Ch. 38, par. 28-5)
| ||||||
12 | Sec. 28-5. Seizure of gambling devices and gambling funds.
| ||||||
13 | (a) Every device designed for gambling which is incapable | ||||||
14 | of lawful use
or every device used unlawfully for gambling | ||||||
15 | shall be considered a
"gambling device", and shall be subject | ||||||
16 | to seizure, confiscation and
destruction by the Department of | ||||||
17 | State Police or by any municipal, or other
local authority, | ||||||
18 | within whose jurisdiction the same may be found. As used
in | ||||||
19 | this Section, a "gambling device" includes any slot machine, | ||||||
20 | and
includes any machine or device constructed for the | ||||||
21 | reception of money or
other thing of value and so constructed | ||||||
22 | as to return, or to cause someone
to return, on chance to the | ||||||
23 | player thereof money, property or a right to
receive money or | ||||||
24 | property. With the exception of any device designed for
| ||||||
25 | gambling which is incapable of lawful use, no gambling device |
| |||||||
| |||||||
1 | shall be
forfeited or destroyed unless an individual with a | ||||||
2 | property interest in
said device knows of the unlawful use of | ||||||
3 | the device.
| ||||||
4 | (b) Every gambling device shall be seized and forfeited to | ||||||
5 | the county
wherein such seizure occurs. Any money or other | ||||||
6 | thing of value integrally
related to acts of gambling shall be | ||||||
7 | seized and forfeited to the county
wherein such seizure occurs.
| ||||||
8 | (c) If, within 60 days after any seizure pursuant to | ||||||
9 | subparagraph
(b) of this Section, a person having any property | ||||||
10 | interest in the seized
property is charged with an offense, the | ||||||
11 | court which renders judgment
upon such charge shall, within 30 | ||||||
12 | days after such judgment, conduct a
forfeiture hearing to | ||||||
13 | determine whether such property was a gambling device
at the | ||||||
14 | time of seizure. Such hearing shall be commenced by a written
| ||||||
15 | petition by the State, including material allegations of fact, | ||||||
16 | the name
and address of every person determined by the State to | ||||||
17 | have any property
interest in the seized property, a | ||||||
18 | representation that written notice of
the date, time and place | ||||||
19 | of such hearing has been mailed to every such
person by | ||||||
20 | certified mail at least 10 days before such date, and a
request | ||||||
21 | for forfeiture. Every such person may appear as a party and
| ||||||
22 | present evidence at such hearing. The quantum of proof required | ||||||
23 | shall
be a preponderance of the evidence, and the burden of | ||||||
24 | proof shall be on
the State. If the court determines that the | ||||||
25 | seized property was
a gambling device at the time of seizure, | ||||||
26 | an order of forfeiture and
disposition of the seized property |
| |||||||
| |||||||
1 | shall be entered: a gambling device
shall be received by the | ||||||
2 | State's Attorney, who shall effect its
destruction, except that | ||||||
3 | valuable parts thereof may be liquidated and
the resultant | ||||||
4 | money shall be deposited in the general fund of the county
| ||||||
5 | wherein such seizure occurred; money and other things of value | ||||||
6 | shall be
received by the State's Attorney and, upon | ||||||
7 | liquidation, shall be
deposited in the general fund of the | ||||||
8 | county wherein such seizure
occurred. However, in the event | ||||||
9 | that a defendant raises the defense
that the seized slot | ||||||
10 | machine is an antique slot machine described in
subparagraph | ||||||
11 | (b) (7) of Section 28-1 of this Code and therefore he is
exempt | ||||||
12 | from the charge of a gambling activity participant, the seized
| ||||||
13 | antique slot machine shall not be destroyed or otherwise | ||||||
14 | altered until a
final determination is made by the Court as to | ||||||
15 | whether it is such an
antique slot machine. Upon a final | ||||||
16 | determination by the Court of this
question in favor of the | ||||||
17 | defendant, such slot machine shall be
immediately returned to | ||||||
18 | the defendant. Such order of forfeiture and
disposition shall, | ||||||
19 | for the purposes of appeal, be a final order and
judgment in a | ||||||
20 | civil proceeding.
| ||||||
21 | (d) If a seizure pursuant to subparagraph (b) of this | ||||||
22 | Section is not
followed by a charge pursuant to subparagraph | ||||||
23 | (c) of this Section, or if
the prosecution of such charge is | ||||||
24 | permanently terminated or indefinitely
discontinued without | ||||||
25 | any judgment of conviction or acquittal (1) the
State's | ||||||
26 | Attorney shall commence an in rem proceeding for the forfeiture
|
| |||||||
| |||||||
1 | and destruction of a gambling device, or for the forfeiture and | ||||||
2 | deposit
in the general fund of the county of any seized money | ||||||
3 | or other things of
value, or both, in the circuit court and (2) | ||||||
4 | any person having any
property interest in such seized gambling | ||||||
5 | device, money or other thing
of value may commence separate | ||||||
6 | civil proceedings in the manner provided
by law.
| ||||||
7 | (e) Any gambling device displayed for sale to a riverboat | ||||||
8 | gambling
operation or electronic gaming facility or used to | ||||||
9 | train occupational licensees of a riverboat gambling
operation | ||||||
10 | or electronic gaming facility as authorized under the Riverboat | ||||||
11 | Gambling Act is exempt from
seizure under this Section.
| ||||||
12 | (f) Any gambling equipment, devices and supplies provided | ||||||
13 | by a licensed
supplier in accordance with the Riverboat | ||||||
14 | Gambling Act which are removed
from a
the riverboat or | ||||||
15 | electronic gaming facility for repair are
exempt from seizure | ||||||
16 | under this Section.
| ||||||
17 | (Source: P.A. 87-826.)
| ||||||
18 | (720 ILCS 5/28-7)
(from Ch. 38, par. 28-7)
| ||||||
19 | Sec. 28-7. Gambling contracts void.
| ||||||
20 | (a) All promises, notes, bills, bonds, covenants, | ||||||
21 | contracts, agreements,
judgments, mortgages, or other | ||||||
22 | securities or conveyances made, given,
granted, drawn, or | ||||||
23 | entered into, or executed by any person whatsoever,
where the | ||||||
24 | whole or any part of the consideration thereof is for any
money | ||||||
25 | or thing of value, won or obtained in violation of any Section |
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1 | of
this Article are null and void.
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2 | (b) Any obligation void under this Section may be set aside | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | and vacated
by any court of competent jurisdiction, upon a | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | complaint filed for that
purpose, by the person so granting, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | giving, entering into, or executing the
same, or by his | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | executors or administrators, or by any creditor, heir,
legatee, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | purchaser or other person interested therein; or if a judgment,
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8 | the same may be set aside on motion of any person stated above, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | on due
notice thereof given.
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10 | (c) No assignment of any obligation void under this Section | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | may in any
manner affect the defense of the person giving, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | granting, drawing, entering
into or executing such obligation, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | or the remedies of any person interested
therein.
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14 | (d) This Section shall not prevent a licensed owner of a | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | riverboat
gambling operation or an electronic gaming licensee | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | under the Riverboat Gambling
Act and the Illinois Horse Racing | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | Act of 1975 from instituting a cause of
action to collect any | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | amount due and owing under an extension of credit to a
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19 | riverboat gambling patron as authorized under Section 11.1 of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | the
Riverboat Gambling Act.
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21 | (Source: P.A. 87-826.)
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22 | Section 99. Effective date. This Act takes effect upon | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | becoming law.
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