|
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB3125 Introduced 2/15/2018, by Sen. William E. Brady SYNOPSIS AS INTRODUCED: |
|
230 ILCS 5/9 | from Ch. 8, par. 37-9 |
720 ILCS 5/28-1 | from Ch. 38, par. 28-1 |
|
Amends the Illinois Horse Racing Act of 1975. Requires the Illinois Racing Board to adopt rules authorizing sports wagering by organization licensees and inter-track wagering location licensees. Makes conforming changes in the Criminal Code of 2012. Effective immediately.
|
| |
| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
|
| | SB3125 | | LRB100 18550 SMS 33768 b |
|
|
1 | | AN ACT concerning gaming.
|
2 | | Be it enacted by the People of the State of Illinois,
|
3 | | represented in the General Assembly:
|
4 | | Section 5. The Illinois Horse Racing Act of 1975 is amended |
5 | | by changing Section 9 as follows:
|
6 | | (230 ILCS 5/9) (from Ch. 8, par. 37-9)
|
7 | | Sec. 9.
The Board shall have all powers necessary and |
8 | | proper to fully and
effectively execute the provisions of this |
9 | | Act, including, but not
limited to, the following:
|
10 | | (a) The Board is vested with jurisdiction and supervision |
11 | | over all race
meetings in this State, over all licensees doing |
12 | | business
in this
State, over all occupation licensees, and over |
13 | | all persons on the
facilities of any licensee. Such |
14 | | jurisdiction shall
include the power to issue licenses to the |
15 | | Illinois Department of
Agriculture authorizing the pari-mutuel |
16 | | system of wagering
on harness and Quarter Horse races held (1) |
17 | | at the Illinois State Fair in
Sangamon County, and (2) at the |
18 | | DuQuoin State Fair in Perry County. The
jurisdiction of the |
19 | | Board shall also include the power to issue licenses to
county |
20 | | fairs which are eligible to receive funds pursuant to the
|
21 | | Agricultural Fair Act, as now or hereafter amended, or their |
22 | | agents,
authorizing the pari-mutuel system of wagering on horse
|
23 | | races
conducted at the county fairs receiving such licenses. |
|
| | SB3125 | - 2 - | LRB100 18550 SMS 33768 b |
|
|
1 | | Such licenses shall be
governed by subsection (n) of this |
2 | | Section.
|
3 | | Upon application, the Board shall issue a license to the |
4 | | Illinois Department
of Agriculture to conduct harness and |
5 | | Quarter Horse races at the Illinois State
Fair and at the |
6 | | DuQuoin State Fairgrounds
during the scheduled dates of each |
7 | | fair. The Board shall not require and the
Department of |
8 | | Agriculture shall be exempt from the requirements of Sections
|
9 | | 15.3, 18 and 19, paragraphs (a)(2), (b), (c), (d), (e), (e-5), |
10 | | (e-10), (f),
(g), and (h) of Section 20, and Sections 21, 24 |
11 | | and 25. The Board and the Department
of
Agriculture may extend |
12 | | any or all of these exemptions to any contractor or
agent |
13 | | engaged by the Department of Agriculture to conduct its race |
14 | | meetings
when the Board determines that this would best serve |
15 | | the public interest and
the interest of horse racing.
|
16 | | Notwithstanding any provision of law to the contrary, it |
17 | | shall be lawful for
any licensee to operate pari-mutuel |
18 | | wagering
or
contract with the Department of Agriculture to |
19 | | operate pari-mutuel wagering at
the DuQuoin State Fairgrounds |
20 | | or for the Department to enter into contracts
with a licensee, |
21 | | employ its owners,
employees
or
agents and employ such other |
22 | | occupation licensees as the Department deems
necessary in |
23 | | connection with race meetings and wagerings.
|
24 | | (b) The Board is vested with the full power to promulgate |
25 | | reasonable
rules and regulations for the purpose of |
26 | | administering the provisions of
this Act and to prescribe |
|
| | SB3125 | - 3 - | LRB100 18550 SMS 33768 b |
|
|
1 | | reasonable rules, regulations and conditions
under which all |
2 | | horse race meetings or wagering in the State shall be
|
3 | | conducted. Such reasonable rules and regulations are to provide |
4 | | for the
prevention of practices detrimental to the public |
5 | | interest and to promote the best
interests of horse racing and |
6 | | to impose penalties for violations thereof.
|
7 | | (c) The Board, and any person or persons to whom it |
8 | | delegates
this power, is vested with the power to enter the |
9 | | facilities and other places of business of any licensee to |
10 | | determine whether there has been compliance with
the provisions |
11 | | of this Act and its rules and regulations.
|
12 | | (d) The Board, and any person or persons to whom it |
13 | | delegates this
power, is vested with the authority to |
14 | | investigate alleged violations of
the provisions of this Act, |
15 | | its reasonable rules and regulations, orders
and final |
16 | | decisions; the Board shall take appropriate disciplinary |
17 | | action
against any licensee or occupation licensee for |
18 | | violation
thereof or
institute appropriate legal action for the |
19 | | enforcement thereof.
|
20 | | (e) The Board, and any person or persons to whom it |
21 | | delegates this power,
may eject or exclude from any race |
22 | | meeting or
the facilities of any licensee, or any part
thereof, |
23 | | any occupation licensee or any
other individual whose conduct |
24 | | or reputation is such that his presence on
those facilities |
25 | | may, in the opinion of the Board, call into question
the |
26 | | honesty and integrity of horse racing or wagering or interfere |
|
| | SB3125 | - 4 - | LRB100 18550 SMS 33768 b |
|
|
1 | | with the
orderly
conduct of horse racing or wagering; provided, |
2 | | however, that no person
shall be
excluded or ejected from the |
3 | | facilities of any licensee solely on the grounds of
race, |
4 | | color, creed, national origin, ancestry, or sex. The power to |
5 | | eject
or exclude an occupation licensee or other individual may
|
6 | | be exercised for just cause by the licensee or the Board, |
7 | | subject to subsequent hearing by the
Board as to the propriety |
8 | | of said exclusion.
|
9 | | (f) The Board is vested with the power to acquire,
|
10 | | establish, maintain and operate (or provide by contract to
|
11 | | maintain and operate) testing laboratories and related |
12 | | facilities,
for the purpose of conducting saliva, blood, urine |
13 | | and other tests on the
horses run or to be run in any horse race |
14 | | meeting and to purchase all
equipment and supplies deemed |
15 | | necessary or desirable in connection with
any such testing |
16 | | laboratories and related facilities and all such tests.
|
17 | | (g) The Board may require that the records, including |
18 | | financial or other
statements of any licensee or any person |
19 | | affiliated with the licensee who is
involved directly or |
20 | | indirectly in the activities of any licensee as regulated
under |
21 | | this Act to the extent that those financial or other statements |
22 | | relate to
such activities be kept in
such manner as prescribed |
23 | | by the Board, and that Board employees shall have
access to |
24 | | those records during reasonable business
hours. Within 120 days |
25 | | of the end of its fiscal year, each licensee shall
transmit to
|
26 | | the Board
an audit of the financial transactions and condition |
|
| | SB3125 | - 5 - | LRB100 18550 SMS 33768 b |
|
|
1 | | of the licensee's total
operations. All audits shall be |
2 | | conducted by certified public accountants.
Each certified |
3 | | public accountant must be registered in the State of Illinois
|
4 | | under the Illinois Public Accounting Act. The compensation for |
5 | | each certified
public accountant shall be paid directly by the |
6 | | licensee to the certified
public accountant. A licensee shall |
7 | | also submit any other financial or related
information the |
8 | | Board deems necessary to effectively administer this Act and
|
9 | | all rules, regulations, and final decisions promulgated under |
10 | | this Act.
|
11 | | (h) The Board shall name and appoint in the manner provided |
12 | | by the rules
and regulations of the Board: an Executive |
13 | | Director; a State director
of mutuels; State veterinarians and |
14 | | representatives to take saliva, blood,
urine and other tests on |
15 | | horses; licensing personnel; revenue
inspectors; and State |
16 | | seasonal employees (excluding admission ticket
sellers and |
17 | | mutuel clerks). All of those named and appointed as provided
in |
18 | | this subsection shall serve during the pleasure of the Board; |
19 | | their
compensation shall be determined by the Board and be paid |
20 | | in the same
manner as other employees of the Board under this |
21 | | Act.
|
22 | | (i) The Board shall require that there shall be 3 stewards |
23 | | at each horse
race meeting, at least 2 of whom shall be named |
24 | | and appointed by the Board.
Stewards appointed or approved by |
25 | | the Board, while performing duties
required by this Act or by |
26 | | the Board, shall be entitled to the same rights
and immunities |
|
| | SB3125 | - 6 - | LRB100 18550 SMS 33768 b |
|
|
1 | | as granted to Board members and Board employees in Section
10 |
2 | | of this Act.
|
3 | | (j) The Board may discharge any Board employee
who fails or |
4 | | refuses for any reason to comply with the rules and
regulations |
5 | | of the Board, or who, in the opinion of the Board,
is guilty of |
6 | | fraud, dishonesty or who is proven to be incompetent.
The Board |
7 | | shall have no right or power to determine who shall be |
8 | | officers,
directors or employees of any licensee, or their |
9 | | salaries
except the Board may, by rule, require that all or any |
10 | | officials or
employees in charge of or whose duties relate to |
11 | | the actual running of
races be approved by the Board.
|
12 | | (k) The Board is vested with the power to appoint
delegates |
13 | | to execute any of the powers granted to it under this Section
|
14 | | for the purpose of administering this Act and any rules or |
15 | | regulations
promulgated in accordance with this Act.
|
16 | | (l) The Board is vested with the power to impose civil |
17 | | penalties of up to
$5,000 against an individual and up to |
18 | | $10,000 against a
licensee for each
violation of any provision |
19 | | of this Act, any rules adopted by the Board, any
order of the |
20 | | Board or any other action which, in the Board's discretion, is
|
21 | | a detriment or impediment to horse racing or wagering. All such |
22 | | civil penalties shall be deposited into the Horse Racing Fund.
|
23 | | (m) The Board is vested with the power to prescribe a form |
24 | | to be used
by licensees as an application for employment for |
25 | | employees of
each licensee.
|
26 | | (n) The Board shall have the power to issue a license
to |
|
| | SB3125 | - 7 - | LRB100 18550 SMS 33768 b |
|
|
1 | | any county fair, or its
agent, authorizing the conduct of the |
2 | | pari-mutuel system of
wagering. The Board is vested with the |
3 | | full power to promulgate
reasonable rules, regulations and |
4 | | conditions under which all horse race
meetings licensed |
5 | | pursuant to this subsection shall be held and conducted,
|
6 | | including rules, regulations and conditions for the conduct of |
7 | | the
pari-mutuel system of wagering. The rules, regulations and
|
8 | | conditions shall provide for the prevention of practices |
9 | | detrimental to the
public interest and for the best interests |
10 | | of horse racing, and shall
prescribe penalties for violations |
11 | | thereof. Any authority granted the
Board under this Act shall |
12 | | extend to its jurisdiction and supervision over
county fairs, |
13 | | or their agents, licensed pursuant to this subsection.
However, |
14 | | the Board may waive any provision of this Act or its rules or
|
15 | | regulations which would otherwise apply to such county fairs or |
16 | | their agents.
|
17 | | (o) Whenever the Board is authorized or
required by law to |
18 | | consider some aspect of criminal history record
information for |
19 | | the purpose of carrying out its statutory powers and
|
20 | | responsibilities, then, upon request and payment of fees in |
21 | | conformance
with the requirements of Section 2605-400 of
the |
22 | | Department of State Police Law (20 ILCS 2605/2605-400), the |
23 | | Department of State Police is
authorized to furnish, pursuant |
24 | | to positive identification, such
information contained in |
25 | | State files as is necessary to fulfill the request.
|
26 | | (p) To insure the convenience, comfort, and wagering |
|
| | SB3125 | - 8 - | LRB100 18550 SMS 33768 b |
|
|
1 | | accessibility of
race track patrons, to provide for the |
2 | | maximization of State revenue, and
to generate increases in |
3 | | purse allotments to the horsemen, the Board shall
require any |
4 | | licensee to staff the pari-mutuel department with
adequate |
5 | | personnel.
|
6 | | (q) The Board shall adopt rules authorizing sports wagering |
7 | | by organization licensees and inter-track wagering location |
8 | | licensees. For purposes of this subsection (q), "sports |
9 | | wagering" means wagering conducted under this Act on athletic |
10 | | and sporting events involving human competitors. "Sports |
11 | | wagering" does not include pari-mutuel wagering on horse racing |
12 | | or money spent to participate in paid fantasy sports. |
13 | | (Source: P.A. 97-1060, eff. 8-24-12.)
|
14 | | Section 10. The Criminal Code of 2012 is amended by |
15 | | changing Section 28-1 as follows:
|
16 | | (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
|
17 | | Sec. 28-1. Gambling.
|
18 | | (a) A person commits gambling when he or she:
|
19 | | (1) knowingly plays a game of chance or skill for money |
20 | | or other thing of
value, unless excepted in subsection (b) |
21 | | of this Section;
|
22 | | (2) knowingly makes a wager upon the result of any |
23 | | game, contest, or any
political nomination, appointment or |
24 | | election;
|
|
| | SB3125 | - 9 - | LRB100 18550 SMS 33768 b |
|
|
1 | | (3) knowingly operates, keeps, owns, uses, purchases, |
2 | | exhibits, rents, sells,
bargains for the sale or lease of, |
3 | | manufactures or distributes any
gambling device;
|
4 | | (4) contracts to have or give himself or herself or |
5 | | another the option to buy
or sell, or contracts to buy or |
6 | | sell, at a future time, any grain or
other commodity |
7 | | whatsoever, or any stock or security of any company,
where |
8 | | it is at the time of making such contract intended by both |
9 | | parties
thereto that the contract to buy or sell, or the |
10 | | option, whenever
exercised, or the contract resulting |
11 | | therefrom, shall be settled, not by
the receipt or delivery |
12 | | of such property, but by the payment only of
differences in |
13 | | prices thereof; however, the issuance, purchase, sale,
|
14 | | exercise, endorsement or guarantee, by or through a person |
15 | | registered
with the Secretary of State pursuant to Section |
16 | | 8 of the Illinois
Securities Law of 1953, or by or through |
17 | | a person exempt from such
registration under said Section |
18 | | 8, of a put, call, or other option to
buy or sell |
19 | | securities which have been registered with the Secretary of
|
20 | | State or which are exempt from such registration under |
21 | | Section 3 of the
Illinois Securities Law of 1953 is not |
22 | | gambling within the meaning of
this paragraph (4);
|
23 | | (5) knowingly owns or possesses any book, instrument or |
24 | | apparatus by
means of which bets or wagers have been, or |
25 | | are, recorded or registered,
or knowingly possesses any |
26 | | money which he has received in the course of
a bet or |
|
| | SB3125 | - 10 - | LRB100 18550 SMS 33768 b |
|
|
1 | | wager;
|
2 | | (6) knowingly sells pools upon the result of any game |
3 | | or contest of skill or
chance, political nomination, |
4 | | appointment or election;
|
5 | | (7) knowingly sets up or promotes any lottery or sells, |
6 | | offers to sell or
transfers any ticket or share for any |
7 | | lottery;
|
8 | | (8) knowingly sets up or promotes any policy game or |
9 | | sells, offers to sell or
knowingly possesses or transfers |
10 | | any policy ticket, slip, record,
document or other similar |
11 | | device;
|
12 | | (9) knowingly drafts, prints or publishes any lottery |
13 | | ticket or share,
or any policy ticket, slip, record, |
14 | | document or similar device, except for
such activity |
15 | | related to lotteries, bingo games and raffles authorized by
|
16 | | and conducted in accordance with the laws of Illinois or |
17 | | any other state or
foreign government;
|
18 | | (10) knowingly advertises any lottery or policy game, |
19 | | except for such
activity related to lotteries, bingo games |
20 | | and raffles authorized by and
conducted in accordance with |
21 | | the laws of Illinois or any other state;
|
22 | | (11) knowingly transmits information as to wagers, |
23 | | betting odds, or
changes in betting odds by telephone, |
24 | | telegraph, radio, semaphore or
similar means; or knowingly |
25 | | installs or maintains equipment for the
transmission or |
26 | | receipt of such information; except that nothing in this
|
|
| | SB3125 | - 11 - | LRB100 18550 SMS 33768 b |
|
|
1 | | subdivision (11) prohibits transmission or receipt of such |
2 | | information
for use in news reporting of sporting events or |
3 | | contests; or
|
4 | | (12) knowingly establishes, maintains, or operates an |
5 | | Internet site that
permits a person to play a game of
|
6 | | chance or skill for money or other thing of value by means |
7 | | of the Internet or
to make a wager upon the
result of any |
8 | | game, contest, political nomination, appointment, or
|
9 | | election by means of the Internet. This item (12) does not |
10 | | apply to activities referenced in items (6) and (6.1) of |
11 | | subsection (b) of this Section.
|
12 | | (b) Participants in any of the following activities shall |
13 | | not be
convicted of gambling:
|
14 | | (1) Agreements to compensate for loss caused by the |
15 | | happening of
chance including without limitation contracts |
16 | | of indemnity or guaranty
and life or health or accident |
17 | | insurance.
|
18 | | (2) Offers of prizes, award or compensation to the |
19 | | actual
contestants in any bona fide contest for the |
20 | | determination of skill,
speed, strength or endurance or to |
21 | | the owners of animals or vehicles
entered in such contest.
|
22 | | (3) Pari-mutuel betting as authorized by the law of |
23 | | this State.
|
24 | | (4) Manufacture of gambling devices, including the |
25 | | acquisition of
essential parts therefor and the assembly |
26 | | thereof, for transportation in
interstate or foreign |
|
| | SB3125 | - 12 - | LRB100 18550 SMS 33768 b |
|
|
1 | | commerce to any place outside this State when such
|
2 | | transportation is not prohibited by any applicable Federal |
3 | | law; or the
manufacture, distribution, or possession of |
4 | | video gaming terminals, as
defined in the Video Gaming Act, |
5 | | by manufacturers, distributors, and
terminal operators |
6 | | licensed to do so under the Video Gaming Act.
|
7 | | (5) The game commonly known as "bingo", when conducted |
8 | | in accordance
with the Bingo License and Tax Act.
|
9 | | (6) Lotteries when conducted by the State of Illinois |
10 | | in accordance
with the Illinois Lottery Law. This exemption |
11 | | includes any activity conducted by the Department of |
12 | | Revenue to sell lottery tickets pursuant to the provisions |
13 | | of the Illinois Lottery Law and its rules.
|
14 | | (6.1) The purchase of lottery tickets through the |
15 | | Internet for a lottery conducted by the State of Illinois |
16 | | under the program established in Section 7.12 of the |
17 | | Illinois Lottery Law.
|
18 | | (7) Possession of an antique slot machine that is |
19 | | neither used nor
intended to be used in the operation or |
20 | | promotion of any unlawful
gambling activity or enterprise. |
21 | | For the purpose of this subparagraph
(b)(7), an antique |
22 | | slot machine is one manufactured 25 years ago or earlier.
|
23 | | (8) Raffles and poker runs when conducted in accordance |
24 | | with the Raffles and Poker Runs Act.
|
25 | | (9) Charitable games when conducted in accordance with |
26 | | the Charitable
Games Act.
|
|
| | SB3125 | - 13 - | LRB100 18550 SMS 33768 b |
|
|
1 | | (10) Pull tabs and jar games when conducted under the |
2 | | Illinois Pull
Tabs and Jar Games Act.
|
3 | | (11) Gambling games conducted on riverboats when
|
4 | | authorized by the Riverboat Gambling Act.
|
5 | | (12) Video gaming terminal games at a licensed |
6 | | establishment, licensed truck stop establishment,
licensed
|
7 | | fraternal establishment, or licensed veterans |
8 | | establishment when
conducted in accordance with the Video |
9 | | Gaming Act. |
10 | | (13) Games of skill or chance where money or other |
11 | | things of value can be won but no payment or purchase is |
12 | | required to participate. |
13 | | (14) Savings promotion raffles authorized under |
14 | | Section 5g of the Illinois Banking Act, Section 7008 of the |
15 | | Savings Bank Act, Section 42.7 of the Illinois Credit Union |
16 | | Act, Section 5136B of the National Bank Act (12 U.S.C. |
17 | | 25a), or Section 4 of the Home Owners' Loan Act (12 U.S.C. |
18 | | 1463). |
19 | | (15) Sports wagering conducted in accordance with |
20 | | Section 9 of the Illinois Horse Racing Act of 1975. |
21 | | (c) Sentence.
|
22 | | Gambling is a
Class A misdemeanor. A second or
subsequent |
23 | | conviction under subsections (a)(3) through (a)(12),
is a Class |
24 | | 4 felony.
|
25 | | (d) Circumstantial evidence.
|
26 | | In prosecutions under
this
Section circumstantial evidence |