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09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
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1 |
| Assembly was enacted. By requiring that riverboats agree to |
2 |
| pay those percentages of their gross revenue identified in |
3 |
| Section 7 of the Riverboat and Casino Gambling Act of this |
4 |
| amendatory Act of the 95th General Assembly into the Horse |
5 |
| Racing Equity Trust Fund, total purses in the State may |
6 |
| increase by 50%, helping Illinois tracks to better compete |
7 |
| with those in other states. Illinois currently ranks |
8 |
| thirteenth nationally in terms of its purse size; the |
9 |
| change would propel the State to second or third. |
10 |
| (4) That Illinois agriculture and other businesses |
11 |
| that support and supply the horse racing industry, already |
12 |
| a sector that employs over 37,000 Illinoisans, also stand |
13 |
| to substantially benefit and would be much more likely to |
14 |
| create additional jobs should Illinois horse racing once |
15 |
| again become competitive with other states. |
16 |
| (5) That the percentage of gross revenues this |
17 |
| amendatory Act of the 95th General Assembly will contribute |
18 |
| to the horse racing industry will benefit that important |
19 |
| industry for Illinois farmers, breeders, and fans of |
20 |
| horseracing and will begin to address the negative impact |
21 |
| riverboat gaming has had on Illinois horseracing.
|
22 |
| Section 5. The Alcoholism and Other Drug Abuse and |
23 |
| Dependency Act is amended by changing Section 5-20 as follows:
|
24 |
| (20 ILCS 301/5-20)
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09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
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| Sec. 5-20. Compulsive gambling program.
|
2 |
| (a) Subject to appropriation, the Department shall |
3 |
| establish a program for
public education, research, and |
4 |
| training regarding problem and compulsive
gambling and the |
5 |
| treatment and prevention of problem and compulsive gambling.
|
6 |
| Subject to specific appropriation for these stated purposes, |
7 |
| the program must
include all of the following:
|
8 |
| (1) Establishment and maintenance of a toll-free "800" |
9 |
| telephone number
to provide crisis counseling and referral |
10 |
| services to families experiencing
difficulty as a result of |
11 |
| problem or compulsive gambling.
|
12 |
| (2) Promotion of public awareness regarding the |
13 |
| recognition and
prevention of problem and compulsive |
14 |
| gambling.
|
15 |
| (3) Facilitation, through in-service training and |
16 |
| other means, of the
availability of effective assistance |
17 |
| programs for problem and compulsive
gamblers.
|
18 |
| (4) Conducting studies to identify adults and |
19 |
| juveniles in this
State who are, or who are at risk of |
20 |
| becoming, problem or compulsive gamblers.
|
21 |
| (b) Subject to appropriation, the Department shall either |
22 |
| establish and
maintain the program or contract with a private |
23 |
| or public entity for the
establishment and maintenance of the |
24 |
| program. Subject to appropriation, either
the Department or the |
25 |
| private or public entity shall implement the toll-free
|
26 |
| telephone number, promote public awareness, and conduct |
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09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
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| in-service training
concerning problem and compulsive |
2 |
| gambling.
|
3 |
| (c) Subject to appropriation, the Department shall produce |
4 |
| and supply the
signs specified in Section 10.7 of the Illinois |
5 |
| Lottery Law, Section 34.1 of
the Illinois Horse Racing Act of |
6 |
| 1975, Section 4.3 of the Bingo License and Tax
Act, Section 8.1 |
7 |
| of the Charitable Games Act, and Section 13.1 of the Riverboat
|
8 |
| and Casino Gambling Act.
|
9 |
| (Source: P.A. 89-374, eff. 1-1-96; 89-626, eff. 8-9-96.)
|
10 |
| Section 10. The Department of Commerce and Economic |
11 |
| Opportunity Law of the
Civil Administrative Code of Illinois is |
12 |
| amended by adding Section 605-530 as follows: |
13 |
| (20 ILCS 605/605-530 new)
|
14 |
| Sec. 605-530. The Depressed Communities Economic |
15 |
| Development Board. |
16 |
| (a) The Depressed Communities Economic Development Board |
17 |
| is created as an advisory board within the Department of |
18 |
| Commerce and Economic Opportunity. The Board shall consist of |
19 |
| 10 members as follows: |
20 |
| (1) 2 members appointed by the President of the Senate, |
21 |
| one of whom is appointed to serve an initial term of one |
22 |
| year and one of whom is appointed to serve an initial term |
23 |
| of 2 years. |
24 |
| (2) 2 members appointed by the Minority Leader of the |
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09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
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1 |
| Senate, one of whom is appointed to serve an initial term |
2 |
| of one year and one of whom is appointed to serve an |
3 |
| initial term of 2 years. |
4 |
| (3) 2 members appointed by the Speaker of the House of |
5 |
| Representatives, one of whom is appointed to serve an |
6 |
| initial term of one year and one of whom is appointed to |
7 |
| serve an initial term of 2 years. |
8 |
| (4) 2 members appointed by the Minority Leader of the |
9 |
| House of Representatives, one of whom is appointed to serve |
10 |
| an initial term of one year and one of whom is appointed to |
11 |
| serve an initial term of 2 years. |
12 |
| (5) 2 members appointed by the Governor with the advice |
13 |
| and consent of the Senate, one of whom is appointed to |
14 |
| serve an initial term of one year and one of whom is |
15 |
| appointed to serve an initial term of 2 years as chair of |
16 |
| the Board at the time of appointment. |
17 |
| After the initial terms, each member shall be appointed to |
18 |
| serve a term of 2 years and until his or her successor has been |
19 |
| appointed and assumes office. If a vacancy occurs in the Board |
20 |
| membership, the vacancy shall be filled in the same manner as |
21 |
| the initial appointment. |
22 |
| (b) Board members shall serve without compensation but may |
23 |
| be reimbursed for their reasonable travel expenses from funds |
24 |
| available for that purpose. The Department of Commerce and |
25 |
| Economic Opportunity shall provide staff and administrative |
26 |
| support services to the Board. |
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09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
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| (c) The Board must make recommendations to the Department |
2 |
| of Commerce and Economic Opportunity concerning the award of |
3 |
| grants from amounts appropriated to the Department from the |
4 |
| Depressed Communities Economic Development Fund. The |
5 |
| Department must make grants to public or private entities |
6 |
| submitting proposals to the Board to revitalize an Illinois |
7 |
| depressed community. Grants may be used by these entities only |
8 |
| for those purposes conditioned with the grant. For the purposes |
9 |
| of this subsection (c), plans for revitalizing an Illinois |
10 |
| depressed community include plans intended to curb high levels |
11 |
| of poverty, unemployment, job and population loss, and general |
12 |
| distress. An Illinois depressed community (i) is an area where |
13 |
| the poverty rate, as determined by using the most recent data |
14 |
| released by the United States Census Bureau, is at least 3% |
15 |
| greater than the State poverty rate as determined by using the |
16 |
| most recent data released by the United States Census Bureau; |
17 |
| or (ii) is an area within following zip codes:
60064, 60085, |
18 |
| 60087, 60104, 60153, 60160, 60402, 60406, 60409, 60411, 60419, |
19 |
| 60426, 60429, 60431, 60432, 60433, 60441, 60472, 60473, 60505, |
20 |
| 60608, 60609, 60612, 60614, 60615, 60617, 60618, 60619, 60620, |
21 |
| 60622, 60623, 60624, 60628, 60629, 60630, 60632, 60636, 60637, |
22 |
| 60638, 60639, 60641, 60643, 60644, 60647, 60649, 60651, 60652, |
23 |
| 60653, 60655, 60804, 60827, 61101, 61102, 61103, 61104, 61801, |
24 |
| 61802, 61820, 61821, 62002, 62060, 62090, 62201, 62203, 62204, |
25 |
| 62205, 62206, 62207, 62220, 62221, 62223, 62522, 62523, 62524, |
26 |
| 62525, 62526, 62801, 62914, and 62963.
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09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
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| Section 15. The Department of Revenue Law of the
Civil |
2 |
| Administrative Code of Illinois is amended by changing Section |
3 |
| 2505-305 as follows:
|
4 |
| (20 ILCS 2505/2505-305) (was 20 ILCS 2505/39b15.1)
|
5 |
| Sec. 2505-305. Investigators.
|
6 |
| (a) The Department has the power to
appoint investigators |
7 |
| to conduct all investigations,
searches, seizures, arrests, |
8 |
| and other duties imposed under the provisions
of any law |
9 |
| administered by the Department
or the Illinois Gaming Board.
|
10 |
| Except as provided in subsection (c), these investigators have
|
11 |
| and
may exercise all the powers of peace officers solely for |
12 |
| the purpose of
enforcing taxing measures administered by the |
13 |
| Department
or the Illinois Gaming Board.
|
14 |
| (b) The Director must authorize to each investigator |
15 |
| employed under this
Section and
to any other employee of the |
16 |
| Department exercising the powers of a peace
officer a
distinct |
17 |
| badge that, on its face, (i) clearly states that the badge is
|
18 |
| authorized
by the
Department and (ii)
contains a unique |
19 |
| identifying number.
No other badge shall be authorized by
the |
20 |
| Department.
|
21 |
| (c) Investigators appointed under this Section who are |
22 |
| assigned to the
Illinois Gaming Board have and may exercise all
|
23 |
| the rights and powers
of peace officers,
provided that these |
24 |
| powers shall be limited to offenses or violations occurring
or |
|
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09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
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1 |
| committed on a riverboat or dock or in a casino , as defined in |
2 |
| subsections (d) and (f) of
Section 4 of the Riverboat and |
3 |
| Casino
Gambling Act.
|
4 |
| (Source: P.A. 91-239, eff. 1-1-00; 91-883, eff. 1-1-01; 92-493, |
5 |
| eff. 1-1-02.)
|
6 |
| Section 20. The State Finance Act is amended by changing |
7 |
| Section 8a and by reenacting and changing Section 8h as |
8 |
| follows:
|
9 |
| (30 ILCS 105/8a)
(from Ch. 127, par. 144a)
|
10 |
| (Text of Section before amendment by P.A. 94-1105 )
|
11 |
| Sec. 8a. Common School Fund; transfers to Common School |
12 |
| Fund and Education
Assistance Fund.
|
13 |
| (a) Except as provided in subsection (b) of this
Section |
14 |
| and except as otherwise provided in this subsection (a) with
|
15 |
| respect to amounts transferred from the General Revenue Fund to |
16 |
| the Common
School Fund for distribution therefrom for the |
17 |
| benefit of the Teachers'
Retirement System of the State of |
18 |
| Illinois and the Public School Teachers'
Pension and Retirement |
19 |
| Fund of Chicago:
|
20 |
| (1) With respect to all school districts, for each |
21 |
| fiscal year other
than fiscal year 1994, on or before the |
22 |
| eleventh and
twenty-first days of each of the months of |
23 |
| August through the following July,
at a time or times |
24 |
| designated by the Governor, the State Treasurer
and the |
|
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|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
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1 |
| State Comptroller shall transfer from the General Revenue
|
2 |
| Fund to the Common School Fund and Education Assistance |
3 |
| Fund, as
appropriate, 1/24 or so much thereof as may be
|
4 |
| necessary of the amount appropriated to the State Board of |
5 |
| Education for
distribution to all school districts from |
6 |
| such Common School Fund and
Education Assistance Fund, for |
7 |
| the
fiscal year, including interest on the School Fund |
8 |
| proportionate for that
distribution for such year.
|
9 |
| (2) With respect to all school districts, but for |
10 |
| fiscal year 1994 only,
on the 11th day of August, 1993 and |
11 |
| on or before the 11th and
21st days of each of the months |
12 |
| of October, 1993 through July, 1994 at a time
or times |
13 |
| designated by the Governor, the State Treasurer and the |
14 |
| State
Comptroller shall transfer from the General Revenue |
15 |
| Fund to the Common School
Fund 1/24 or so much thereof as |
16 |
| may be necessary of the amount appropriated to
the State |
17 |
| Board of Education for distribution to all school districts |
18 |
| from such
Common School Fund, for fiscal year 1994, |
19 |
| including interest on the School Fund
proportionate for |
20 |
| that distribution for such year; and on or before the 21st
|
21 |
| day of August, 1993 at a time or times designated by the |
22 |
| Governor, the State
Treasurer and the State Comptroller |
23 |
| shall transfer from the General Revenue
Fund to the Common |
24 |
| School Fund 3/24 or so much thereof as may be necessary of
|
25 |
| the amount appropriated to the State Board of Education for |
26 |
| distribution to all
school districts from the Common School |
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
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|
1 |
| Fund, for fiscal year 1994, including
interest |
2 |
| proportionate for that distribution on the School Fund for |
3 |
| such fiscal
year.
|
4 |
| The amounts of the payments made in July of each year: (i) |
5 |
| shall be
considered an outstanding liability as of the 30th day |
6 |
| of June immediately
preceding those July payments, within the |
7 |
| meaning of Section 25 of this Act;
(ii) shall be payable from |
8 |
| the appropriation for the fiscal year that ended on
that 30th |
9 |
| day of June; and (iii) shall be considered payments for claims
|
10 |
| covering the school year that commenced during the immediately |
11 |
| preceding
calendar year.
|
12 |
| Notwithstanding the foregoing provisions of this |
13 |
| subsection, as soon
as may be after the 10th and 20th days of |
14 |
| each of the months of August
through May, 1/24, and on or as |
15 |
| soon as may be after the 10th and 20th days of June, 1/12 of the |
16 |
| annual amount appropriated to the
State Board of Education for |
17 |
| distribution and payment during that fiscal year
from the |
18 |
| Common School Fund to and for the benefit of the Teachers' |
19 |
| Retirement
System of the State of Illinois (until the end of |
20 |
| State fiscal year 1995)
and the Public School Teachers' Pension |
21 |
| and Retirement Fund of Chicago as
provided by the Illinois |
22 |
| Pension Code and Section 18-7 of the School Code, or
so much |
23 |
| thereof as may be necessary, shall be transferred by the State
|
24 |
| Treasurer and the State Comptroller from the General Revenue |
25 |
| Fund to the Common
School Fund to permit semi-monthly payments |
26 |
| from the Common School Fund to and
for the benefit of such |
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
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|
1 |
| teacher retirement systems as required by Section 18-7
of the |
2 |
| School Code.
|
3 |
| Notwithstanding the other provisions of this Section, on or |
4 |
| as soon as
may be after the 15th day of each month, beginning |
5 |
| in July of 1995, 1/12
of the annual amount appropriated for |
6 |
| that fiscal year from the Common School
Fund to the Teachers' |
7 |
| Retirement System of the State of Illinois (other than
amounts |
8 |
| appropriated under Section 1.1 of the State Pension Funds |
9 |
| Continuing
Appropriation Act), or so much thereof as may be |
10 |
| necessary, shall be
transferred by the State Treasurer and the |
11 |
| State Comptroller from the General
Revenue Fund to the Common |
12 |
| School Fund to permit monthly payments from the
Common School |
13 |
| Fund to that retirement system in accordance with Section |
14 |
| 16-158
of the Illinois Pension Code and Section 18-7 of the |
15 |
| School Code, except that
such transfers in fiscal year 2004 |
16 |
| from the General Revenue Fund
to the Common School Fund for the |
17 |
| benefit of the Teachers' Retirement System of
the State of |
18 |
| Illinois shall be reduced in the aggregate by the State
|
19 |
| Comptroller and
State Treasurer to adjust for the amount |
20 |
| transferred to the Teachers'
Retirement System of the State of |
21 |
| Illinois pursuant to subsection (a) of
Section 6z-61.
Amounts
|
22 |
| appropriated to the Teachers' Retirement System of the State of |
23 |
| Illinois under
Section 1.1 of the State Pension Funds |
24 |
| Continuing Appropriation Act shall be
transferred by the State |
25 |
| Treasurer and the State Comptroller from the General
Revenue |
26 |
| Fund to the Common School Fund as necessary to provide for the |
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
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|
1 |
| payment
of vouchers drawn against those appropriations.
|
2 |
| The Governor may notify the State Treasurer and the State |
3 |
| Comptroller to
transfer, at a time designated by the Governor, |
4 |
| such additional amount as
may be necessary to effect advance |
5 |
| distribution to school districts of amounts
that otherwise |
6 |
| would be payable in the next month pursuant to Sections 18-8
|
7 |
| through 18-10 of the School Code. The State Treasurer and the |
8 |
| State Comptroller
shall thereupon transfer such additional |
9 |
| amount. The aggregate amount
transferred from the General |
10 |
| Revenue Fund to the Common School Fund in the
eleven months |
11 |
| beginning August 1 of any fiscal year shall not be in excess
of |
12 |
| the amount necessary for payment of claims certified by the |
13 |
| State
Superintendent of Education pursuant to the |
14 |
| appropriation of the Common
School Fund for that fiscal year. |
15 |
| Notwithstanding the provisions of the
first paragraph in this |
16 |
| section, no transfer to effect an advance
distribution shall be |
17 |
| made in any month except on notification, as provided
above, by |
18 |
| the Governor.
|
19 |
| The State Comptroller and State Treasurer shall transfer |
20 |
| from the General
Revenue Fund to the Common School Fund and the |
21 |
| Education Assistance Fund
such amounts as may be required to
|
22 |
| honor the vouchers presented by the State Board of Education |
23 |
| pursuant to
Sections 18-3, 18-4.3, 18-5, 18-6 and 18-7 of the |
24 |
| School Code.
|
25 |
| The State Comptroller shall report all transfers provided |
26 |
| for in this Act
to the President of the Senate, Minority Leader |
|
|
|
09500SB0011sam001 |
- 13 - |
LRB095 04879 AMC 37001 a |
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|
1 |
| of the Senate, Speaker of
the House, and Minority Leader of the |
2 |
| House.
|
3 |
| (b) On or before the 11th and 21st days of each of the |
4 |
| months of June,
1982 through July, 1983, at a time or times |
5 |
| designated by the Governor,
the State Treasurer and the State |
6 |
| Comptroller shall transfer from the General
Revenue Fund to the |
7 |
| Common School Fund 1/24 or so much thereof as may be
necessary |
8 |
| of the amount appropriated to the State Board of Education for
|
9 |
| distribution from such Common School Fund, for that same fiscal |
10 |
| year, including
interest on the School Fund for such year. The |
11 |
| amounts of the payments
in the months of July, 1982 and July, |
12 |
| 1983 shall be considered an outstanding
liability as of the |
13 |
| 30th day of June immediately preceding such July payment,
|
14 |
| within the meaning of Section 25 of this Act, and shall be |
15 |
| payable from
the appropriation for the fiscal year which ended |
16 |
| on such 30th day of June,
and such July payments shall be |
17 |
| considered payments for claims covering
school years 1981-1982 |
18 |
| and 1982-1983 respectively.
|
19 |
| In the event the Governor makes notification to effect |
20 |
| advanced distribution
under the provisions of subsection (a) of |
21 |
| this Section, the aggregate amount
transferred from the General |
22 |
| Revenue Fund to the Common School Fund in the
12 months |
23 |
| beginning August 1, 1981 or the 12 months beginning August 1,
|
24 |
| 1982 shall not be in excess of the amount necessary for payment |
25 |
| of claims
certified by the State Superintendent of Education |
26 |
| pursuant to the
appropriation of the Common School Fund for the |
|
|
|
09500SB0011sam001 |
- 14 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| fiscal years commencing on
the first of July of the years 1981 |
2 |
| and 1982.
|
3 |
| (c) In determining amounts to be transferred from the |
4 |
| General Revenue Fund to the Education Assistance Fund, the |
5 |
| amount of moneys transferred from the State Gaming Fund to the |
6 |
| Education Assistance Fund shall be disregarded. The amounts |
7 |
| transferred from the General Revenue Fund shall not be |
8 |
| decreased as an adjustment for any amounts transferred from the |
9 |
| State Gaming Fund to the Education Assistance Fund.
|
10 |
| (Source: P.A. 93-665, eff. 3-5-04.)
|
11 |
| (Text of Section after amendment by P.A. 94-1105 )
|
12 |
| Sec. 8a. Common School Fund; transfers to Common School |
13 |
| Fund and Education
Assistance Fund.
|
14 |
| (a) Except as provided in subsection (b) of this
Section |
15 |
| and except as otherwise provided in this subsection (a) with
|
16 |
| respect to amounts transferred from the General Revenue Fund to |
17 |
| the Common
School Fund for distribution therefrom for the |
18 |
| benefit of the Teachers'
Retirement System of the State of |
19 |
| Illinois and the Public School Teachers'
Pension and Retirement |
20 |
| Fund of Chicago:
|
21 |
| (1) With respect to all school districts, for each |
22 |
| fiscal year other
than fiscal year 1994, on or before the |
23 |
| eleventh and
twenty-first days of each of the months of |
24 |
| August through the following July,
at a time or times |
25 |
| designated by the Governor, the State Treasurer
and the |
|
|
|
09500SB0011sam001 |
- 15 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| State Comptroller shall transfer from the General Revenue
|
2 |
| Fund to the Common School Fund and Education Assistance |
3 |
| Fund, as
appropriate, 1/24 or so much thereof as may be
|
4 |
| necessary of the amount appropriated to the State Board of |
5 |
| Education for
distribution to all school districts from |
6 |
| such Common School Fund and
Education Assistance Fund, for |
7 |
| the
fiscal year, including interest on the School Fund |
8 |
| proportionate for that
distribution for such year.
|
9 |
| (2) With respect to all school districts, but for |
10 |
| fiscal year 1994 only,
on the 11th day of August, 1993 and |
11 |
| on or before the 11th and
21st days of each of the months |
12 |
| of October, 1993 through July, 1994 at a time
or times |
13 |
| designated by the Governor, the State Treasurer and the |
14 |
| State
Comptroller shall transfer from the General Revenue |
15 |
| Fund to the Common School
Fund 1/24 or so much thereof as |
16 |
| may be necessary of the amount appropriated to
the State |
17 |
| Board of Education for distribution to all school districts |
18 |
| from such
Common School Fund, for fiscal year 1994, |
19 |
| including interest on the School Fund
proportionate for |
20 |
| that distribution for such year; and on or before the 21st
|
21 |
| day of August, 1993 at a time or times designated by the |
22 |
| Governor, the State
Treasurer and the State Comptroller |
23 |
| shall transfer from the General Revenue
Fund to the Common |
24 |
| School Fund 3/24 or so much thereof as may be necessary of
|
25 |
| the amount appropriated to the State Board of Education for |
26 |
| distribution to all
school districts from the Common School |
|
|
|
09500SB0011sam001 |
- 16 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| Fund, for fiscal year 1994, including
interest |
2 |
| proportionate for that distribution on the School Fund for |
3 |
| such fiscal
year.
|
4 |
| The amounts of the payments made in July of each year: (i) |
5 |
| shall be
considered an outstanding liability as of the 30th day |
6 |
| of June immediately
preceding those July payments, within the |
7 |
| meaning of Section 25 of this Act;
(ii) shall be payable from |
8 |
| the appropriation for the fiscal year that ended on
that 30th |
9 |
| day of June; and (iii) shall be considered payments for claims
|
10 |
| covering the school year that commenced during the immediately |
11 |
| preceding
calendar year.
|
12 |
| Notwithstanding the foregoing provisions of this |
13 |
| subsection, as soon
as may be after the 10th and 20th days of |
14 |
| each of the months of August
through May, 1/24, and on or as |
15 |
| soon as may be after the 10th and 20th days of June, 1/12 of the |
16 |
| annual amount appropriated to the
State Board of Education for |
17 |
| distribution and payment during that fiscal year
from the |
18 |
| Common School Fund to and for the benefit of the Teachers' |
19 |
| Retirement
System of the State of Illinois (until the end of |
20 |
| State fiscal year 1995)
and the Public School Teachers' Pension |
21 |
| and Retirement Fund of Chicago as
provided by the Illinois |
22 |
| Pension Code and Section 18-7 of the School Code, or
so much |
23 |
| thereof as may be necessary, shall be transferred by the State
|
24 |
| Treasurer and the State Comptroller from the General Revenue |
25 |
| Fund to the Common
School Fund to permit semi-monthly payments |
26 |
| from the Common School Fund to and
for the benefit of such |
|
|
|
09500SB0011sam001 |
- 17 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| teacher retirement systems as required by Section 18-7
of the |
2 |
| School Code.
|
3 |
| Notwithstanding the other provisions of this Section, on or |
4 |
| as soon as
may be after the 15th day of each month, beginning |
5 |
| in July of 1995, 1/12
of the annual amount appropriated for |
6 |
| that fiscal year from the Common School
Fund to the Teachers' |
7 |
| Retirement System of the State of Illinois (other than
amounts |
8 |
| appropriated under Section 1.1 of the State Pension Funds |
9 |
| Continuing
Appropriation Act), or so much thereof as may be |
10 |
| necessary, shall be
transferred by the State Treasurer and the |
11 |
| State Comptroller from the General
Revenue Fund to the Common |
12 |
| School Fund to permit monthly payments from the
Common School |
13 |
| Fund to that retirement system in accordance with Section |
14 |
| 16-158
of the Illinois Pension Code and Section 18-7 of the |
15 |
| School Code, except that
such transfers in fiscal year 2004 |
16 |
| from the General Revenue Fund
to the Common School Fund for the |
17 |
| benefit of the Teachers' Retirement System of
the State of |
18 |
| Illinois shall be reduced in the aggregate by the State
|
19 |
| Comptroller and
State Treasurer to adjust for the amount |
20 |
| transferred to the Teachers'
Retirement System of the State of |
21 |
| Illinois pursuant to subsection (a) of
Section 6z-61.
Amounts
|
22 |
| appropriated to the Teachers' Retirement System of the State of |
23 |
| Illinois under
Section 1.1 of the State Pension Funds |
24 |
| Continuing Appropriation Act shall be
transferred by the State |
25 |
| Treasurer and the State Comptroller from the General
Revenue |
26 |
| Fund to the Common School Fund as necessary to provide for the |
|
|
|
09500SB0011sam001 |
- 18 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| payment
of vouchers drawn against those appropriations.
|
2 |
| The Governor may notify the State Treasurer and the State |
3 |
| Comptroller to
transfer, at a time designated by the Governor, |
4 |
| such additional amount as
may be necessary to effect advance |
5 |
| distribution to school districts of amounts
that otherwise |
6 |
| would be payable in the next month pursuant to Sections 18-8.05
|
7 |
| through 18-9 of the School Code. The State Treasurer and the |
8 |
| State Comptroller
shall thereupon transfer such additional |
9 |
| amount. The aggregate amount
transferred from the General |
10 |
| Revenue Fund to the Common School Fund in the
eleven months |
11 |
| beginning August 1 of any fiscal year shall not be in excess
of |
12 |
| the amount necessary for payment of claims certified by the |
13 |
| State
Superintendent of Education pursuant to the |
14 |
| appropriation of the Common
School Fund for that fiscal year. |
15 |
| Notwithstanding the provisions of the
first paragraph in this |
16 |
| section, no transfer to effect an advance
distribution shall be |
17 |
| made in any month except on notification, as provided
above, by |
18 |
| the Governor.
|
19 |
| The State Comptroller and State Treasurer shall transfer |
20 |
| from the General
Revenue Fund to the Common School Fund and the |
21 |
| Education Assistance Fund
such amounts as may be required to
|
22 |
| honor the vouchers presented by the State Board of Education |
23 |
| pursuant to
Sections 18-3, 18-4.3, 18-5, 18-6 and 18-7 of the |
24 |
| School Code.
|
25 |
| The State Comptroller shall report all transfers provided |
26 |
| for in this Act
to the President of the Senate, Minority Leader |
|
|
|
09500SB0011sam001 |
- 19 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| of the Senate, Speaker of
the House, and Minority Leader of the |
2 |
| House.
|
3 |
| (b) On or before the 11th and 21st days of each of the |
4 |
| months of June,
1982 through July, 1983, at a time or times |
5 |
| designated by the Governor,
the State Treasurer and the State |
6 |
| Comptroller shall transfer from the General
Revenue Fund to the |
7 |
| Common School Fund 1/24 or so much thereof as may be
necessary |
8 |
| of the amount appropriated to the State Board of Education for
|
9 |
| distribution from such Common School Fund, for that same fiscal |
10 |
| year, including
interest on the School Fund for such year. The |
11 |
| amounts of the payments
in the months of July, 1982 and July, |
12 |
| 1983 shall be considered an outstanding
liability as of the |
13 |
| 30th day of June immediately preceding such July payment,
|
14 |
| within the meaning of Section 25 of this Act, and shall be |
15 |
| payable from
the appropriation for the fiscal year which ended |
16 |
| on such 30th day of June,
and such July payments shall be |
17 |
| considered payments for claims covering
school years 1981-1982 |
18 |
| and 1982-1983 respectively.
|
19 |
| In the event the Governor makes notification to effect |
20 |
| advanced distribution
under the provisions of subsection (a) of |
21 |
| this Section, the aggregate amount
transferred from the General |
22 |
| Revenue Fund to the Common School Fund in the
12 months |
23 |
| beginning August 1, 1981 or the 12 months beginning August 1,
|
24 |
| 1982 shall not be in excess of the amount necessary for payment |
25 |
| of claims
certified by the State Superintendent of Education |
26 |
| pursuant to the
appropriation of the Common School Fund for the |
|
|
|
09500SB0011sam001 |
- 20 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| fiscal years commencing on
the first of July of the years 1981 |
2 |
| and 1982.
|
3 |
| (c) In determining amounts to be transferred from the |
4 |
| General Revenue Fund to the Education Assistance Fund, the |
5 |
| amount of moneys transferred from the State Gaming Fund to the |
6 |
| Education Assistance Fund shall be disregarded. The amounts |
7 |
| transferred from the General Revenue Fund shall not be |
8 |
| decreased as an adjustment for any amounts transferred from the |
9 |
| State Gaming Fund to the Education Assistance Fund.
|
10 |
| (Source: P.A. 93-665, eff. 3-5-04; 94-1105, eff. 6-1-07.)
|
11 |
| (30 ILCS 105/8h)
|
12 |
| Sec. 8h. Transfers to General Revenue Fund. |
13 |
| (a) Except as otherwise provided in this Section and |
14 |
| Section 8n of this Act, and (c), (d), or (e),
notwithstanding |
15 |
| any other
State law to the contrary, the Governor
may, through |
16 |
| June 30, 2007, from time to time direct the State Treasurer and |
17 |
| Comptroller to transfer
a specified sum from any fund held by |
18 |
| the State Treasurer to the General
Revenue Fund in order to |
19 |
| help defray the State's operating costs for the
fiscal year. |
20 |
| The total transfer under this Section from any fund in any
|
21 |
| fiscal year shall not exceed the lesser of (i) 8% of the |
22 |
| revenues to be deposited
into the fund during that fiscal year |
23 |
| or (ii) an amount that leaves a remaining fund balance of 25% |
24 |
| of the July 1 fund balance of that fiscal year. In fiscal year |
25 |
| 2005 only, prior to calculating the July 1, 2004 final |
|
|
|
09500SB0011sam001 |
- 21 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| balances, the Governor may calculate and direct the State |
2 |
| Treasurer with the Comptroller to transfer additional amounts |
3 |
| determined by applying the formula authorized in Public Act |
4 |
| 93-839 to the funds balances on July 1, 2003.
No transfer may |
5 |
| be made from a fund under this Section that would have the
|
6 |
| effect of reducing the available balance in the fund to an |
7 |
| amount less than
the amount remaining unexpended and unreserved |
8 |
| from the total appropriation
from that fund estimated to be |
9 |
| expended for that fiscal year. This Section does not apply to |
10 |
| any
funds that are restricted by federal law to a specific use, |
11 |
| to any funds in
the Motor Fuel Tax Fund, the Intercity |
12 |
| Passenger Rail Fund, the Hospital Provider Fund, the Medicaid |
13 |
| Provider Relief Fund, the Teacher Health Insurance Security |
14 |
| Fund, the Reviewing Court Alternative Dispute Resolution Fund, |
15 |
| the Voters' Guide Fund, the Foreign Language Interpreter Fund, |
16 |
| the Lawyers' Assistance Program Fund, the Supreme Court Federal |
17 |
| Projects Fund, the Supreme Court Special State Projects Fund, |
18 |
| the Supplemental Low-Income Energy Assistance Fund, the Good |
19 |
| Samaritan Energy Trust Fund, the Low-Level Radioactive Waste |
20 |
| Facility Development and Operation Fund, the Horse Racing |
21 |
| Equity Trust Fund, or the Hospital Basic Services Preservation |
22 |
| Fund, or to any
funds to which subsection (f) of Section 20-40 |
23 |
| of the Nursing and Advanced Practice Nursing Act applies. No |
24 |
| transfers may be made under this Section from the Pet |
25 |
| Population Control Fund. Notwithstanding any
other provision |
26 |
| of this Section, for fiscal year 2004,
the total transfer under |
|
|
|
09500SB0011sam001 |
- 22 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| this Section from the Road Fund or the State
Construction |
2 |
| Account Fund shall not exceed the lesser of (i) 5% of the |
3 |
| revenues to be deposited
into the fund during that fiscal year |
4 |
| or (ii) 25% of the beginning balance in the fund.
For fiscal |
5 |
| year 2005 through fiscal year 2007, no amounts may be |
6 |
| transferred under this Section from the Road Fund, the State |
7 |
| Construction Account Fund, the Criminal Justice Information |
8 |
| Systems Trust Fund, the Wireless Service Emergency Fund, or the |
9 |
| Mandatory Arbitration Fund.
|
10 |
| In determining the available balance in a fund, the |
11 |
| Governor
may include receipts, transfers into the fund, and |
12 |
| other
resources anticipated to be available in the fund in that |
13 |
| fiscal year.
|
14 |
| The State Treasurer and Comptroller shall transfer the |
15 |
| amounts designated
under this Section as soon as may be |
16 |
| practicable after receiving the direction
to transfer from the |
17 |
| Governor.
|
18 |
| (a-5) Transfers directed to be made under this Section on |
19 |
| or before February 28, 2006 that are still pending on May 19, |
20 |
| 2006 ( the effective date of Public Act 94-774)
this amendatory |
21 |
| Act of the 94th General Assembly shall be redirected as |
22 |
| provided in Section 8n of this Act.
|
23 |
| (b) This Section does not apply to: (i) the Ticket For The |
24 |
| Cure Fund; (ii) any fund established under the Community Senior |
25 |
| Services and Resources Act; or (iii) on or after January 1, |
26 |
| 2006 (the effective date of Public Act 94-511), the Child Labor |
|
|
|
09500SB0011sam001 |
- 23 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| and Day and Temporary Labor Enforcement Fund. |
2 |
| (c) This Section does not apply to the Demutualization |
3 |
| Trust Fund established under the Uniform Disposition of |
4 |
| Unclaimed Property Act.
|
5 |
| (d) This Section does not apply to moneys set aside in the |
6 |
| Illinois State Podiatric Disciplinary Fund for podiatric |
7 |
| scholarships and residency programs under the Podiatric |
8 |
| Scholarship and Residency Act. |
9 |
| (e) Subsection (a) does not apply to, and no transfer may |
10 |
| be made under this Section from, the Pension Stabilization |
11 |
| Fund.
|
12 |
| (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, |
13 |
| eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; |
14 |
| 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. |
15 |
| 1-15-05; 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, eff. |
16 |
| 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 94-645, |
17 |
| eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 11-2-05; |
18 |
| 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; 94-773, eff. |
19 |
| 5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06; 94-839, |
20 |
| eff. 6-6-06; revised 6-19-06.)
|
21 |
| Section 25. The Tobacco Products Tax Act of 1995 is amended |
22 |
| by changing Section 99-99 as follows:
|
23 |
| (35 ILCS 143/99-99)
|
24 |
| Sec. 99-99. Effective date. This Section, Sections 10-1 |
|
|
|
09500SB0011sam001 |
- 24 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| through 10-90 of
this Act, the changes to the Illinois |
2 |
| Administrative Procedure Act, the changes
to the State |
3 |
| Employees Group Insurance Act of 1971, the changes to Sec. 5 of
|
4 |
| the Children and Family Services Act, the changes to Sec. 8.27 |
5 |
| of the State
Finance Act, the changes to Secs. 16-136.2, |
6 |
| 16-153.2, and 17-156.3 of the
Illinois Pension Code, Sec. 8.19 |
7 |
| of the State Mandates Act, the changes to Sec.
8.2 of the |
8 |
| Abused and Neglected Child Reporting Act, and the changes to |
9 |
| the
Unemployment Insurance Act take effect upon becoming law.
|
10 |
| The following provisions take effect July 1, 1995: the |
11 |
| changes to the
Illinois Act on the Aging and the Civil |
12 |
| Administrative Code of Illinois; the
changes to Secs. 7 and |
13 |
| 8a-13 of the Children and Family Services Act; the
changes to |
14 |
| the Disabled Persons Rehabilitation Act; Secs. 5.408, 5.409, |
15 |
| 6z-39,
and 6z-40 and the changes to Sec. 8.16 of the State |
16 |
| Finance Act; the changes to
the State Prompt Payment Act, the |
17 |
| Illinois Income Tax Act, and Sec. 16-133.3 of
the Illinois |
18 |
| Pension Code; Sec. 2-3.117 and the changes to Secs. 14-7.02 and
|
19 |
| 14-15.01 of the School Code; Sec. 2-201.5 of the Nursing Home |
20 |
| Care Act; the
changes to the Child Care Act of 1969 and the |
21 |
| Riverboat and Casino Gambling Act; the
changes to Secs. 3-1, |
22 |
| 3-1a, 3-3, 3-4, 3-13, 5-2.1, 5-5, 5-5.02, 5-5.4, 5-13,
5-16.3, |
23 |
| 5-16.5, 5A-2, 5A-3, 5C-2, 5C-7, 5D-1, 5E-10, 6-8, 6-11, 9-11, |
24 |
| 12-4.4,
12-10.2, and 14-8 and the repeal of Sec. 9-11 of the |
25 |
| Illinois Public Aid Code;
the changes to Sec. 3 of the Abused |
26 |
| and Neglected Child Reporting Act; and the
changes to the |
|
|
|
09500SB0011sam001 |
- 25 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| Juvenile Court Act of 1987, the Adoption Act, and the Probate
|
2 |
| Act of 1975.
|
3 |
| The remaining provisions of this Act take effect on the |
4 |
| uniform effective
date as provided in the Effective Date of |
5 |
| Laws Act.
|
6 |
| (Source: P.A. 89-21, eff. 6-6-95.)
|
7 |
| Section 30. The Joliet Regional Port District Act is |
8 |
| amended by changing Section 5.1 as follows:
|
9 |
| (70 ILCS 1825/5.1) (from Ch. 19, par. 255.1)
|
10 |
| Sec. 5.1. Riverboat and casino gambling. Notwithstanding |
11 |
| any other provision of
this Act, the District may not regulate |
12 |
| the operation, conduct, or
navigation of any riverboat gambling |
13 |
| casino licensed under the Riverboat and Casino
Gambling Act, |
14 |
| and the District
may not license, tax, or otherwise levy any |
15 |
| assessment of any kind on
any riverboat gambling casino |
16 |
| licensed under the Riverboat and Casino Gambling Act. The
|
17 |
| General Assembly declares that the powers to regulate the |
18 |
| operation,
conduct, and navigation of riverboat gambling |
19 |
| casinos and to license, tax,
and levy assessments upon |
20 |
| riverboat gambling casinos are exclusive powers of
the State of |
21 |
| Illinois and the Illinois Gaming Board as provided in the
|
22 |
| Riverboat and Casino Gambling Act.
|
23 |
| (Source: P.A. 87-1175.)
|
|
|
|
09500SB0011sam001 |
- 26 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| Section 35. The Consumer Installment Loan Act is amended by |
2 |
| changing Section 12.5 as follows:
|
3 |
| (205 ILCS 670/12.5)
|
4 |
| Sec. 12.5. Limited purpose branch.
|
5 |
| (a) Upon the written approval of the Director, a licensee |
6 |
| may maintain a
limited purpose branch for the sole purpose of |
7 |
| making loans as permitted by
this Act. A limited purpose branch |
8 |
| may include an automatic loan machine. No
other activity shall |
9 |
| be conducted at the site, including but not limited to,
|
10 |
| accepting payments, servicing the accounts, or collections.
|
11 |
| (b) The licensee must submit an application for a limited |
12 |
| purpose branch to
the Director on forms prescribed by the |
13 |
| Director with an application fee of
$300. The approval for the |
14 |
| limited purpose branch must be renewed concurrently
with the |
15 |
| renewal of the licensee's license along with a renewal fee of |
16 |
| $300 for
the limited purpose branch.
|
17 |
| (c) The books, accounts, records, and files of the limited |
18 |
| purpose branch's
transactions shall be maintained at the |
19 |
| licensee's licensed location. The
licensee shall notify the |
20 |
| Director of the licensed location at which the books,
accounts, |
21 |
| records, and files shall be maintained.
|
22 |
| (d) The licensee shall prominently display at the limited |
23 |
| purpose branch the
address and telephone number of the |
24 |
| licensee's licensed location.
|
25 |
| (e) No other business shall be conducted at the site of the |
|
|
|
09500SB0011sam001 |
- 27 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| limited purpose
branch unless authorized by the Director.
|
2 |
| (f) The Director shall make and enforce reasonable rules |
3 |
| for the conduct of
a limited purpose branch.
|
4 |
| (g) A limited purpose branch may not be located
within |
5 |
| 1,000 feet of a facility operated by an inter-track wagering |
6 |
| licensee or
an organization licensee subject to the Illinois |
7 |
| Horse Racing Act of 1975,
on a riverboat or in a casino subject |
8 |
| to
the Riverboat and Casino Gambling Act, or within 1,000 feet |
9 |
| of the location at which the
riverboat docks or within 1,000 |
10 |
| feet of a casino .
|
11 |
| (Source: P.A. 90-437, eff. 1-1-98.)
|
12 |
| Section 40. The Illinois Horse Racing Act of 1975 is |
13 |
| amended by changing
Sections 1.2, 3.077, 3.12, 3.20, 3.22, |
14 |
| 3.23, 15, 26, 26.2, 27, 28.1, 29, 30, 31, and 54.5 and adding |
15 |
| Sections 3.24, 3.28, 3.29, 3.30, 3.31, 3.32, 31.2, and 56 as |
16 |
| follows:
|
17 |
| (230 ILCS 5/1.2)
|
18 |
| Sec. 1.2. Legislative intent. This Act is intended to |
19 |
| benefit the people of
the State of Illinois by encouraging the |
20 |
| breeding and production of race
horses, assisting economic |
21 |
| development , and promoting Illinois tourism.
The General |
22 |
| Assembly finds and declares it to be the public policy of the |
23 |
| State
of Illinois to:
|
24 |
| (a) support and enhance Illinois' horse racing industry, |
|
|
|
09500SB0011sam001 |
- 28 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| which is a
significant
component within the agribusiness |
2 |
| industry;
|
3 |
| (b) ensure that Illinois' horse racing industry remains |
4 |
| competitive with
neighboring states;
|
5 |
| (c) stimulate growth within Illinois' horse racing |
6 |
| industry, thereby
encouraging
new investment and development |
7 |
| to produce additional tax revenues and to
create additional |
8 |
| jobs;
|
9 |
| (d) promote the further growth of tourism;
|
10 |
| (e) encourage the breeding of thoroughbred and |
11 |
| standardbred horses in this
State; and
|
12 |
| (f) ensure that public confidence and trust in the |
13 |
| credibility and integrity
of
racing operations and the |
14 |
| regulatory process is maintained.
|
15 |
| (Source: P.A. 91-40, eff. 6-25-99.)
|
16 |
| (230 ILCS 5/3.077)
|
17 |
| Sec. 3.077. Non-host licensee.
"Non-host licensee" means a |
18 |
| licensee , other than an advance deposit wagering licensee,
|
19 |
| operating concurrently
with a host track.
|
20 |
| (Source: P.A. 89-16, eff. 5-30-95.)
|
21 |
| (230 ILCS 5/3.12) (from Ch. 8, par. 37-3.12)
|
22 |
| Sec. 3.12. Pari-mutuel system of
wagering.
"Pari-mutuel |
23 |
| system of
wagering" means a form of wagering on the outcome of |
24 |
| live or historical horse racing
horse races in which
wagers are |
|
|
|
09500SB0011sam001 |
- 29 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| made in various
denominations on a horse or horses
and
all |
2 |
| wagers for each race are pooled and held by a licensee
for |
3 |
| distribution in a manner approved by the Board. Wagers may be |
4 |
| placed via any method or at any location authorized under this |
5 |
| Act.
|
6 |
| (Source: P.A. 89-16, eff. 5-30-95.)
|
7 |
| (230 ILCS 5/3.20)
|
8 |
| Sec. 3.20. Licensee.
"Licensee" means an individual |
9 |
| organization licensee, an
inter-track wagering licensee, an
or
|
10 |
| inter-track wagering location licensee , or an advance deposit |
11 |
| wagering licensee , as
the context of this Act requires.
|
12 |
| (Source: P.A. 89-16, eff. 5-30-95.)
|
13 |
| (230 ILCS 5/3.22)
|
14 |
| Sec. 3.22. Wagering facility.
"Wagering facility" means |
15 |
| any location at which a licensee , other than an advance deposit |
16 |
| wagering licensee,
may
accept or receive pari-mutuel wagers |
17 |
| under this Act.
|
18 |
| (Source: P.A. 89-16, eff. 5-30-95.)
|
19 |
| (230 ILCS 5/3.23)
|
20 |
| Sec. 3.23. Wagering.
"Wagering" means, collectively, the |
21 |
| pari-mutuel system of
wagering, inter-track wagering, and
|
22 |
| simulcast wagering , and advance deposit wagering .
|
23 |
| (Source: P.A. 89-16, eff. 5-30-95.)
|
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
|
|
1 |
| (230 ILCS 5/3.24 new) |
2 |
| Sec. 3.24. Electronic poker. "Electronic poker" means |
3 |
| poker by use of electronic aids, including via the Internet or |
4 |
| by other electronic means. "Electronic poker" does not include |
5 |
| slot machines. |
6 |
| (230 ILCS 5/3.28 new)
|
7 |
| Sec. 3.28. Historical horse racing. "Historical horse |
8 |
| racing" means a form of simulcast horse racing that creates |
9 |
| pari-mutuel pools from wagers placed on pre-recorded horse |
10 |
| races held at wagering facilities.
|
11 |
| (230 ILCS 5/3.29 new)
|
12 |
| Sec. 3.29. Advance deposit wagering. "Advance deposit |
13 |
| wagering" means a method of pari-mutuel wagering in which an |
14 |
| individual may establish an account, deposit money into the |
15 |
| account, and use the account balance to pay for pari-mutuel |
16 |
| wagering authorized by this Act. An advance deposit wager may |
17 |
| be placed in person or from any other location via a |
18 |
| telephone-type device or any electronic means. Any person who |
19 |
| accepts an advance deposit wager who is not licensed by the |
20 |
| Board as an advance deposit wagering licensee shall be |
21 |
| considered in violation of this Act and the Criminal Code of |
22 |
| 1961. Any advance deposit wager placed in person shall be |
23 |
| deemed to have been placed at that wagering facility. |
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
|
|
1 |
| (230 ILCS 5/3.30 new)
|
2 |
| Sec. 3.30. Advance deposit wagering fee. "Advance deposit |
3 |
| wagering fee" means the amount paid to or retained by a person, |
4 |
| as defined in Section 3.14, for the purpose of administering a |
5 |
| pari-mutuel system of advance deposit wagering. |
6 |
| (230 ILCS 5/3.31 new)
|
7 |
| Sec. 3.31. Source market fee. "Source market fee" means any |
8 |
| amount remaining from advance deposit wagering after payment of |
9 |
| winning wagers, any breakage, any privilege or pari-mutuel tax, |
10 |
| any interstate commission fee, and any advance deposit wagering |
11 |
| fees. |
12 |
| (230 ILCS 5/3.32 new)
|
13 |
| Sec. 3.32. Advance deposit wagering licensee. "Advance |
14 |
| deposit wagering licensee" means a person licensed by the Board |
15 |
| to conduct advance deposit wagering. An advance deposit |
16 |
| wagering licensee shall be an organization licensee or a person |
17 |
| or third party who contracts with an organization licensee in |
18 |
| order to conduct advance deposit wagering.
|
19 |
| (230 ILCS 5/15) (from Ch. 8, par. 37-15)
|
20 |
| Sec. 15. (a) The Board shall, in its discretion, issue |
21 |
| occupation
licenses
to horse owners, trainers, harness |
22 |
| drivers, jockeys, agents, apprentices,
grooms, stable foremen, |
|
|
|
09500SB0011sam001 |
- 32 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| exercise persons, veterinarians, valets, blacksmiths,
|
2 |
| concessionaires and others designated by the Board whose work, |
3 |
| in whole or in
part, is conducted upon facilities within the |
4 |
| State. Such occupation licenses
will
be obtained prior to the
|
5 |
| persons engaging in their vocation upon such facilities. The
|
6 |
| Board shall not license pari-mutuel clerks, parking |
7 |
| attendants, security
guards and employees of concessionaires. |
8 |
| No occupation license shall be
required of
any person who works |
9 |
| at facilities within this
State as a pari-mutuel
clerk, parking |
10 |
| attendant, security guard or as an employee of a |
11 |
| concessionaire.
Concessionaires of the Illinois State Fair and |
12 |
| DuQuoin State Fair and
employees of the Illinois Department of |
13 |
| Agriculture shall not be required to
obtain an occupation |
14 |
| license by the Board.
|
15 |
| (b) Each application for an occupation license shall be on |
16 |
| forms
prescribed by the Board. Such license, when issued, shall |
17 |
| be for the
period ending December 31 of each year, except that |
18 |
| the Board in its
discretion may grant 3-year licenses. The |
19 |
| application shall
be accompanied
by a fee of not more than $25 |
20 |
| per year
or, in the case of 3-year occupation
license
|
21 |
| applications, a fee of not more than $60. Each applicant shall |
22 |
| set forth in
the application his full name and address, and if |
23 |
| he had been issued prior
occupation licenses or has been |
24 |
| licensed in any other state under any other
name, such name, |
25 |
| his age, whether or not a permit or license issued to him
in |
26 |
| any other state has been suspended or revoked and if so whether |
|
|
|
09500SB0011sam001 |
- 33 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| such
suspension or revocation is in effect at the time of the |
2 |
| application, and
such other information as the Board may |
3 |
| require. Fees for registration of
stable names shall not exceed |
4 |
| $50.00.
|
5 |
| (c) The Board may in its discretion refuse an occupation |
6 |
| license
to any person:
|
7 |
| (1) who has been convicted of a crime;
|
8 |
| (2) who is unqualified to perform the duties required |
9 |
| of such applicant;
|
10 |
| (3) who fails to disclose or states falsely any |
11 |
| information called for
in the application;
|
12 |
| (4) who has been found guilty of a violation of this |
13 |
| Act or of the rules
and regulations of the Board; or
|
14 |
| (5) whose license or permit has been suspended, revoked |
15 |
| or denied for just
cause in any other state.
|
16 |
| (d) The Board may suspend or revoke any occupation license:
|
17 |
| (1) for violation of any of the provisions of this Act; |
18 |
| or
|
19 |
| (2) for violation of any of the rules or regulations of |
20 |
| the Board; or
|
21 |
| (3) for any cause which, if known to the Board, would |
22 |
| have justified the
Board in refusing to issue such |
23 |
| occupation license; or
|
24 |
| (4) for any other just cause.
|
25 |
| (e)
Each applicant shall submit his or her fingerprints |
26 |
| to the
Department
of State Police in the form and manner |
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
|
|
1 |
| prescribed by the Department of State
Police. These |
2 |
| fingerprints shall be checked against the fingerprint records
|
3 |
| now and hereafter filed in the Department of State
Police and |
4 |
| Federal Bureau of Investigation criminal history records
|
5 |
| databases. The Department of State Police shall charge
a fee |
6 |
| for conducting the criminal history records check, which shall |
7 |
| be
deposited in the State Police Services Fund and shall not |
8 |
| exceed the actual
cost of the records check. The Department of |
9 |
| State Police shall furnish,
pursuant to positive |
10 |
| identification, records of conviction to the Board.
Each |
11 |
| applicant for licensure shall submit with his occupation
|
12 |
| license
application, on forms provided by the Board, 2 sets of |
13 |
| his fingerprints.
All such applicants shall appear in person at |
14 |
| the location designated by
the Board for the purpose of |
15 |
| submitting such sets of fingerprints; however,
with the prior |
16 |
| approval of a State steward, an applicant may have such sets
of |
17 |
| fingerprints taken by an official law enforcement agency and |
18 |
| submitted to
the Board.
|
19 |
| (f) The Board may, in its discretion, issue an occupation |
20 |
| license without
submission of fingerprints if an applicant has |
21 |
| been duly licensed in another
recognized racing jurisdiction |
22 |
| after submitting fingerprints that were
subjected to a Federal |
23 |
| Bureau of Investigation criminal history background
check
in
|
24 |
| that jurisdiction .
|
25 |
| (Source: P.A. 93-418, eff. 1-1-04.)
|
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
|
|
1 |
| (230 ILCS 5/26)
(from Ch. 8, par. 37-26)
|
2 |
| Sec. 26. Wagering.
|
3 |
| (a) Any licensee may conduct and supervise the pari-mutuel |
4 |
| system of
wagering, as defined in Section 3.12 of this Act, on |
5 |
| horse races conducted by
an Illinois organization licensee or |
6 |
| conducted at a racetrack located in
another state or country |
7 |
| and televised in Illinois in accordance with
subsection (g) of |
8 |
| Section 26 of this Act. Subject to the prior consent of the
|
9 |
| Board, licensees may supplement any pari-mutuel pool in order |
10 |
| to guarantee a
minimum distribution. Such pari-mutuel method of |
11 |
| wagering shall not, under any
circumstances if conducted under |
12 |
| the provisions of this Act, be held or
construed to be |
13 |
| unlawful, other statutes of this State to the contrary
|
14 |
| notwithstanding. Subject to rules for advance wagering |
15 |
| promulgated by the
Board, any licensee may accept wagers in |
16 |
| advance of the day of the race wagered
upon occurs.
|
17 |
| (b) Except as otherwise provided in Section 56, no
No other |
18 |
| method of
betting, pool making, wagering or gambling shall be |
19 |
| used or permitted by the
licensee. Each licensee may retain, |
20 |
| subject to the payment of all applicable
taxes and purses, an |
21 |
| amount not to exceed 17% of all money wagered under
subsection |
22 |
| (a) of this Section, except as may otherwise be permitted under |
23 |
| this
Act.
|
24 |
| (b-5) An individual may place a wager under the pari-mutuel |
25 |
| system from
any licensed location or via any other method
|
26 |
| authorized under this Act provided that wager is
electronically |
|
|
|
09500SB0011sam001 |
- 36 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| recorded in the manner described in Section 3.12 of this Act.
|
2 |
| Any wager made electronically by an individual while physically |
3 |
| on the premises
of a licensee shall be deemed to have been made |
4 |
| at the premises of that
licensee. Any wager made via a |
5 |
| telephone-type device or electronic means by an individual |
6 |
| while not physically on the premises of the licensee (advance |
7 |
| deposit wagering) shall be deemed to have been made at the host |
8 |
| track at the time at which the race upon which the wager was |
9 |
| placed occurs.
|
10 |
| (c) Until January 1, 2000, the sum held by any licensee for |
11 |
| payment of
outstanding pari-mutuel tickets, if unclaimed prior |
12 |
| to December 31 of the
next year, shall be retained by the |
13 |
| licensee for payment of
such tickets until that date. Within 10 |
14 |
| days thereafter, the balance of
such sum remaining unclaimed, |
15 |
| less any uncashed supplements contributed by such
licensee for |
16 |
| the purpose of guaranteeing minimum distributions
of any |
17 |
| pari-mutuel pool, shall be
paid to the
Illinois
Veterans'
|
18 |
| Rehabilitation Fund of the State treasury, except as provided |
19 |
| in subsection
(g) of Section 27 of this Act.
|
20 |
| (c-5) Beginning January 1, 2000, the sum held by any |
21 |
| licensee for payment
of
outstanding pari-mutuel tickets, if |
22 |
| unclaimed prior to December 31 of the
next year, shall be |
23 |
| retained by the licensee for payment of
such tickets until that |
24 |
| date ; except that, beginning on the effective date of this |
25 |
| amendatory Act of the 95th General Assembly, the sum held by an |
26 |
| organization licensee located in a county with a population in |
|
|
|
09500SB0011sam001 |
- 37 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| excess of 230,000 and that borders the Mississippi River and |
2 |
| every inter-track wagering location licensee who derives its |
3 |
| license from that organization licensee shall be retained by |
4 |
| the organization licensee for payment of such tickets until |
5 |
| that date . Within 10 days thereafter, the balance of
such sum |
6 |
| remaining unclaimed, less any uncashed supplements contributed |
7 |
| by such
licensee for the purpose of guaranteeing minimum |
8 |
| distributions
of any pari-mutuel pool, shall be evenly |
9 |
| distributed to the purse account of
the organization licensee |
10 |
| and the organization licensee.
|
11 |
| (d) A pari-mutuel ticket shall be honored until December 31 |
12 |
| of the
next calendar year, and the licensee shall pay the same |
13 |
| and may
charge the amount thereof against unpaid money |
14 |
| similarly accumulated on account
of pari-mutuel tickets not |
15 |
| presented for payment.
|
16 |
| (e) No licensee shall knowingly permit any minor, other
|
17 |
| than an employee of such licensee or an owner, trainer,
jockey, |
18 |
| driver, or employee thereof, to be admitted during a racing
|
19 |
| program unless accompanied by a parent or guardian, or any |
20 |
| minor to be a
patron of the pari-mutuel system of wagering |
21 |
| conducted or
supervised by it. The admission of any |
22 |
| unaccompanied minor, other than
an employee of the licensee or |
23 |
| an owner, trainer, jockey,
driver, or employee thereof at a |
24 |
| race track is a Class C
misdemeanor.
|
25 |
| (f) Notwithstanding the other provisions of this Act, an
|
26 |
| organization licensee may contract
with an entity in another |
|
|
|
09500SB0011sam001 |
- 38 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| state or country to permit any legal
wagering entity in another |
2 |
| state or country to accept wagers solely within
such other |
3 |
| state or country on races conducted by the organization |
4 |
| licensee
in this State.
Beginning January 1, 2000, these wagers
|
5 |
| shall not be subject to State
taxation. Until January 1, 2000,
|
6 |
| when the out-of-State entity conducts a pari-mutuel pool
|
7 |
| separate from the organization licensee, a privilege tax equal |
8 |
| to 7 1/2% of
all monies received by the organization licensee |
9 |
| from entities in other states
or countries pursuant to such |
10 |
| contracts is imposed on the organization
licensee, and such |
11 |
| privilege tax shall be remitted to the
Department of Revenue
|
12 |
| within 48 hours of receipt of the moneys from the simulcast. |
13 |
| When the
out-of-State entity conducts a
combined pari-mutuel |
14 |
| pool with the organization licensee, the tax shall be 10%
of |
15 |
| all monies received by the organization licensee with 25% of |
16 |
| the
receipts from this 10% tax to be distributed to the county
|
17 |
| in which the race was conducted.
|
18 |
| An organization licensee may permit one or more of its |
19 |
| races to be
utilized for
pari-mutuel wagering at one or more |
20 |
| locations in other states and may
transmit audio and visual |
21 |
| signals of races the organization licensee
conducts to one or
|
22 |
| more locations outside the State or country and may also permit |
23 |
| pari-mutuel
pools in other states or countries to be combined |
24 |
| with its gross or net
wagering pools or with wagering pools |
25 |
| established by other states.
|
26 |
| (g) A host track may accept interstate simulcast wagers on |
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
|
|
1 |
| horse
races conducted in other states or countries and shall |
2 |
| control the
number of signals and types of breeds of racing in |
3 |
| its simulcast program,
subject to the disapproval of the Board. |
4 |
| The Board may prohibit a simulcast
program only if it finds |
5 |
| that the simulcast program is clearly
adverse to the integrity |
6 |
| of racing. The host track
simulcast program shall
include the |
7 |
| signal of live racing of all organization licensees.
All |
8 |
| non-host licensees shall carry the host track simulcast program |
9 |
| and
accept wagers on all races included as part of the |
10 |
| simulcast
program upon which wagering is permitted. All advance |
11 |
| deposit wagering licensees shall accept wagers on all races |
12 |
| conducted by all organization licensees, unless the |
13 |
| organization licensee withholds its signal from the advance |
14 |
| deposit wagering licensee.
The costs and expenses
of the host |
15 |
| track and non-host licensees associated
with interstate |
16 |
| simulcast
wagering, other than the interstate
commission fee, |
17 |
| shall be borne by the host track and all
non-host licensees
|
18 |
| incurring these costs.
The interstate commission fee shall not |
19 |
| exceed 5% of Illinois handle on the
interstate simulcast race |
20 |
| or races without prior approval of the Board. The
Board shall |
21 |
| promulgate rules under which it may permit
interstate |
22 |
| commission
fees in excess of 5%. The interstate commission
fee |
23 |
| and other fees charged by the sending racetrack, including, but |
24 |
| not
limited to, satellite decoder fees, shall be uniformly |
25 |
| applied
to the host track and all non-host licensees.
|
26 |
| Notwithstanding any other provision of this Act, an |
|
|
|
09500SB0011sam001 |
- 40 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| organization licensee may maintain a system whereby advance |
2 |
| deposit wagering may take place or an organization licensee may |
3 |
| contract with another person to carry out a system of advance |
4 |
| deposit wagering. All advance deposit wagers placed from within |
5 |
| Illinois must be placed through a Board-approved advance |
6 |
| deposit wagering licensee; no other entity may accept an |
7 |
| advance deposit wager from a person within Illinois. All |
8 |
| advance deposit wagering is subject to any rules adopted by the |
9 |
| Board. An advance deposit wagering licensee may retain an |
10 |
| advance deposit wagering fee not to exceed 6.5% of all wagers |
11 |
| placed through the system. However, an organization licensee |
12 |
| licensed as an advance deposit wagering licensee operating and |
13 |
| maintaining its own advance deposit wagering system may retain |
14 |
| an advance deposit wagering fee not to exceed 6.5% of all |
15 |
| wagers placed through the system, subject to approval by the |
16 |
| Board. Each host track shall pay a share of all source market |
17 |
| fees and any breakage to an organization licensee operating at |
18 |
| a racetrack located in Madison County, provided that the |
19 |
| organization licensee conducted live racing in 2004 and the |
20 |
| current year, in an amount equal to the proportion of total |
21 |
| moneys wagered in the previous calendar year at the |
22 |
| organizational licensee operating at a racetrack located in |
23 |
| Madison County and all of its inter-track wagering location |
24 |
| licensees as compared to the total statewide moneys wagered, |
25 |
| with the exception of moneys wagered from advance deposit |
26 |
| wagering, in the previous year. The proportion shall be |
|
|
|
09500SB0011sam001 |
- 41 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| certified by the Board in writing within 45 days after the end |
2 |
| of the calendar year and the host track shall make payment to |
3 |
| the organization licensee located in Madison County within 90 |
4 |
| days following the end of the calendar year. The first payment |
5 |
| under this provision shall be due following the end of the |
6 |
| first calendar year in which advance deposit wagers are |
7 |
| accepted. The moneys received by an organization licensee |
8 |
| operating at a racetrack in Madison County shall be distributed |
9 |
| as follows: 50% to the organization licensee operating at a |
10 |
| racetrack in Madison County and 50% to the purse account at the |
11 |
| racetrack in Madison County. After distributing the moneys to |
12 |
| the organization licensee operating at a racetrack in Madison |
13 |
| County, the source market fees shall be paid as follows: 50% to |
14 |
| the host track and 50% to the purse accounts at the host track. |
15 |
| To the extent any fees substantially equivalent to source |
16 |
| market fees or other fees deducted from advance deposit |
17 |
| wagering conducted in Illinois for wagers in Illinois or other |
18 |
| states have been placed in escrow or otherwise withheld from |
19 |
| wagers pending a determination of the legality of advance |
20 |
| deposit wagering, no action shall be brought to declare such |
21 |
| wagers illegal, provided that all such fees shall be paid to |
22 |
| the appropriate host track within 30 days after the effective |
23 |
| date of this amendatory Act of the 95th General Assembly.
|
24 |
| (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
|
25 |
| intertrack wagering
licensee other than the host track may |
26 |
| supplement the host track simulcast
program with |
|
|
|
09500SB0011sam001 |
- 42 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| additional simulcast races or race programs, provided that |
2 |
| between
January 1 and the third Friday in February of any |
3 |
| year, inclusive, if no live
thoroughbred racing is |
4 |
| occurring in Illinois during this period, only
|
5 |
| thoroughbred races may be used
for supplemental interstate |
6 |
| simulcast purposes. The Board shall withhold
approval for a |
7 |
| supplemental interstate simulcast only if it finds that the
|
8 |
| simulcast is clearly adverse to the integrity of racing. A |
9 |
| supplemental
interstate simulcast may be transmitted from |
10 |
| an intertrack wagering licensee to
its affiliated non-host |
11 |
| licensees. The interstate commission fee for a
|
12 |
| supplemental interstate simulcast shall be paid by the |
13 |
| non-host licensee and
its affiliated non-host licensees |
14 |
| receiving the simulcast.
|
15 |
| (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
|
16 |
| intertrack wagering
licensee other than the host track may |
17 |
| receive supplemental interstate
simulcasts only with the |
18 |
| consent of the host track, except when the Board
finds that |
19 |
| the simulcast is
clearly adverse to the integrity of |
20 |
| racing. Consent granted under this
paragraph (2) to any |
21 |
| intertrack wagering licensee shall be deemed consent to
all |
22 |
| non-host licensees. The interstate commission fee for the |
23 |
| supplemental
interstate simulcast shall be paid
by all |
24 |
| participating non-host licensees.
|
25 |
| (3) Each licensee conducting interstate simulcast |
26 |
| wagering may retain,
subject to the payment of all |
|
|
|
09500SB0011sam001 |
- 43 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| applicable taxes and the purses, an amount not to
exceed |
2 |
| 17% of all money wagered. If any licensee conducts the |
3 |
| pari-mutuel
system wagering on races conducted at |
4 |
| racetracks in another state or country,
each such race or |
5 |
| race program shall be considered a separate racing day for
|
6 |
| the purpose of determining the daily handle and computing |
7 |
| the privilege tax of
that daily handle as provided in |
8 |
| subsection (a) of Section 27.
Until January 1, 2000,
from |
9 |
| the sums permitted to be retained pursuant to this |
10 |
| subsection, each
intertrack wagering location licensee |
11 |
| shall pay 1% of the pari-mutuel handle
wagered on simulcast |
12 |
| wagering to the Horse Racing Tax Allocation Fund, subject
|
13 |
| to the provisions of subparagraph (B) of paragraph (11) of |
14 |
| subsection (h) of
Section 26 of this Act.
|
15 |
| (4) A licensee who receives an interstate simulcast may |
16 |
| combine its gross
or net pools with pools at the sending |
17 |
| racetracks pursuant to rules established
by the Board. All |
18 |
| licensees combining their gross pools
at a
sending |
19 |
| racetrack shall adopt the take-out percentages of the |
20 |
| sending
racetrack.
A licensee may also establish a separate |
21 |
| pool and takeout structure for
wagering purposes on races |
22 |
| conducted at race tracks outside of the
State of Illinois. |
23 |
| The licensee may permit pari-mutuel wagers placed in other
|
24 |
| states or
countries to be combined with its gross or net |
25 |
| wagering pools or other
wagering pools.
|
26 |
| (5) After the payment of the interstate commission fee |
|
|
|
09500SB0011sam001 |
- 44 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| (except for the
interstate commission
fee on a supplemental |
2 |
| interstate simulcast, which shall be paid by the host
track |
3 |
| and by each non-host licensee through the host-track) , the |
4 |
| advance deposit wagering fee, and all applicable
State and |
5 |
| local
taxes, except as provided in subsection (g) of |
6 |
| Section 27 of this Act, the
remainder of moneys retained |
7 |
| from simulcast wagering pursuant to this
subsection (g), |
8 |
| and Section 26.2 shall be divided as follows:
|
9 |
| (A) For interstate simulcast wagers made at a host |
10 |
| track, 50% to the
host
track and 50% to purses at the |
11 |
| host track.
|
12 |
| (B) For wagers placed on interstate simulcast |
13 |
| races, supplemental
simulcasts as defined in |
14 |
| subparagraphs (1) and (2), and separately pooled races
|
15 |
| conducted outside of the State of Illinois made at a |
16 |
| non-host
licensee, 25% to the host
track, 25% to the |
17 |
| non-host licensee, and 50% to the purses at the host |
18 |
| track.
|
19 |
| (6) Notwithstanding any provision in this Act to the |
20 |
| contrary, non-host
licensees
who derive their licenses |
21 |
| from a track located in a county with a population in
|
22 |
| excess of 230,000 and that borders the Mississippi River |
23 |
| may receive
supplemental interstate simulcast races at all |
24 |
| times subject to Board approval,
which shall be withheld |
25 |
| only upon a finding that a supplemental interstate
|
26 |
| simulcast is clearly adverse to the integrity of racing.
|
|
|
|
09500SB0011sam001 |
- 45 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| (7) Notwithstanding any provision of this Act to the |
2 |
| contrary, after
payment of all applicable State and local |
3 |
| taxes and interstate commission fees,
non-host licensees |
4 |
| who derive their licenses from a track located in a county
|
5 |
| with a population in excess of 230,000 and that borders the |
6 |
| Mississippi River
shall retain 50% of the retention from |
7 |
| interstate simulcast wagers and shall
pay 50% to purses at |
8 |
| the track from which the non-host licensee derives its
|
9 |
| license as follows:
|
10 |
| (A) Between January 1 and the third Friday in |
11 |
| February, inclusive, if no
live thoroughbred racing is |
12 |
| occurring in Illinois during this period, when the
|
13 |
| interstate simulcast is a standardbred race, the purse |
14 |
| share to its
standardbred purse account;
|
15 |
| (B) Between January 1 and the third Friday in |
16 |
| February, inclusive, if no
live thoroughbred racing is |
17 |
| occurring in Illinois during this period, and the
|
18 |
| interstate simulcast is a thoroughbred race, the purse |
19 |
| share to its interstate
simulcast purse pool to be |
20 |
| distributed under paragraph (10) of this subsection
|
21 |
| (g);
|
22 |
| (C) Between January 1 and the third Friday in |
23 |
| February, inclusive, if
live thoroughbred racing is |
24 |
| occurring in Illinois, between 6:30 a.m. and 6:30
p.m. |
25 |
| the purse share from wagers made during this time |
26 |
| period to its
thoroughbred purse account and between |
|
|
|
09500SB0011sam001 |
- 46 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| 6:30 p.m. and 6:30 a.m. the purse share
from wagers |
2 |
| made during this time period to its standardbred purse |
3 |
| accounts;
|
4 |
| (D) Between the third Saturday in February and |
5 |
| December 31, when the
interstate simulcast occurs |
6 |
| between the hours of 6:30 a.m. and 6:30 p.m., the
purse |
7 |
| share to its thoroughbred purse account;
|
8 |
| (E) Between the third Saturday in February and |
9 |
| December 31, when the
interstate simulcast occurs |
10 |
| between the hours of 6:30 p.m. and 6:30 a.m., the
purse |
11 |
| share to its standardbred purse account.
|
12 |
| (7.1) Notwithstanding any other provision of this Act |
13 |
| to the contrary,
if
no
standardbred racing is conducted at |
14 |
| a racetrack located in Madison County
during any
calendar |
15 |
| year beginning on or after January 1, 2002, all
moneys |
16 |
| derived by
that racetrack from simulcast wagering and |
17 |
| inter-track wagering that (1) are to
be used
for purses and |
18 |
| (2) are generated between the hours of 6:30 p.m. and 6:30 |
19 |
| a.m.
during that
calendar year shall
be paid as follows:
|
20 |
| (A) If the licensee that conducts horse racing at |
21 |
| that racetrack
requests from the Board at least as many |
22 |
| racing dates as were conducted in
calendar year 2000, |
23 |
| 80% shall be paid to its thoroughbred purse account; |
24 |
| and
|
25 |
| (B) Twenty percent shall be deposited into the |
26 |
| Illinois Colt Stakes
Purse
Distribution
Fund and shall |
|
|
|
09500SB0011sam001 |
- 47 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| be paid to purses for standardbred races for Illinois |
2 |
| conceived
and foaled horses conducted at any county |
3 |
| fairgrounds.
The moneys deposited into the Fund |
4 |
| pursuant to this subparagraph (B) shall be
deposited
|
5 |
| within 2
weeks after the day they were generated, shall |
6 |
| be in addition to and not in
lieu of any other
moneys |
7 |
| paid to standardbred purses under this Act, and shall |
8 |
| not be commingled
with other moneys paid into that |
9 |
| Fund. The moneys deposited
pursuant to this |
10 |
| subparagraph (B) shall be allocated as provided by the
|
11 |
| Department of Agriculture, with the advice and |
12 |
| assistance of the Illinois
Standardbred
Breeders Fund |
13 |
| Advisory Board.
|
14 |
| (7.2) Notwithstanding any other provision of this Act |
15 |
| to the contrary, if
no
thoroughbred racing is conducted at |
16 |
| a racetrack located in Madison County
during any
calendar |
17 |
| year beginning on or after January 1,
2002, all
moneys |
18 |
| derived by
that racetrack from simulcast wagering and |
19 |
| inter-track wagering that (1) are to
be used
for purses and |
20 |
| (2) are generated between the hours of 6:30 a.m. and 6:30 |
21 |
| p.m.
during that
calendar year shall
be deposited as |
22 |
| follows:
|
23 |
| (A) If the licensee that conducts horse racing at |
24 |
| that racetrack
requests from the
Board at least
as many |
25 |
| racing dates as were conducted in calendar year 2000, |
26 |
| 80%
shall be deposited into its standardbred purse
|
|
|
|
09500SB0011sam001 |
- 48 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| account; and
|
2 |
| (B) Twenty percent shall be deposited into the |
3 |
| Illinois Colt Stakes
Purse
Distribution Fund. Moneys |
4 |
| deposited into the Illinois Colt Stakes Purse
|
5 |
| Distribution Fund
pursuant to this subparagraph (B) |
6 |
| shall be paid to Illinois
conceived and foaled |
7 |
| thoroughbred breeders' programs
and to thoroughbred |
8 |
| purses for races conducted at any county fairgrounds |
9 |
| for
Illinois conceived
and foaled horses at the |
10 |
| discretion of the
Department of Agriculture, with the |
11 |
| advice and assistance of
the Illinois Thoroughbred |
12 |
| Breeders Fund Advisory
Board. The moneys deposited |
13 |
| into the Illinois Colt Stakes Purse Distribution
Fund
|
14 |
| pursuant to this subparagraph (B) shall be deposited |
15 |
| within 2 weeks
after the day they were generated, shall |
16 |
| be in addition to and not in
lieu of any other moneys |
17 |
| paid to thoroughbred purses
under this Act, and shall |
18 |
| not be commingled with other moneys deposited into
that |
19 |
| Fund.
|
20 |
| (7.3) If no live standardbred racing is conducted at a |
21 |
| racetrack located
in
Madison
County in calendar year 2000 |
22 |
| or 2001,
an organization licensee who is licensed
to |
23 |
| conduct horse racing at that racetrack shall, before |
24 |
| January 1, 2002, pay
all
moneys derived from simulcast |
25 |
| wagering and inter-track wagering in calendar
years 2000 |
26 |
| and 2001 and
paid into the licensee's standardbred purse |
|
|
|
09500SB0011sam001 |
- 49 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| account as follows:
|
2 |
| (A) Eighty percent to that licensee's thoroughbred |
3 |
| purse account to
be used for thoroughbred purses; and
|
4 |
| (B) Twenty percent to the Illinois Colt Stakes |
5 |
| Purse Distribution
Fund.
|
6 |
| Failure to make the payment to the Illinois Colt Stakes |
7 |
| Purse Distribution
Fund before January 1, 2002
shall
result |
8 |
| in the immediate revocation of the licensee's organization
|
9 |
| license, inter-track wagering license, and inter-track |
10 |
| wagering location
license.
|
11 |
| Moneys paid into the Illinois
Colt Stakes Purse |
12 |
| Distribution Fund pursuant to this
paragraph (7.3) shall be |
13 |
| paid to purses for standardbred
races for Illinois |
14 |
| conceived and foaled horses conducted
at any county
|
15 |
| fairgrounds.
Moneys paid into the Illinois
Colt Stakes |
16 |
| Purse Distribution Fund pursuant to this
paragraph (7.3) |
17 |
| shall be used as determined by the
Department of |
18 |
| Agriculture, with the advice and assistance of the
Illinois |
19 |
| Standardbred Breeders Fund Advisory Board, shall be in |
20 |
| addition to
and not in lieu of any other moneys paid to |
21 |
| standardbred purses under this Act,
and shall not be |
22 |
| commingled
with any other moneys paid into that Fund.
|
23 |
| (7.4) If live standardbred racing is conducted at a |
24 |
| racetrack located in
Madison
County at any time in calendar |
25 |
| year 2001 before the payment required
under
paragraph (7.3) |
26 |
| has been made, the organization licensee who is licensed to
|
|
|
|
09500SB0011sam001 |
- 50 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| conduct
racing at that racetrack shall pay all moneys |
2 |
| derived by that racetrack from
simulcast
wagering and |
3 |
| inter-track wagering during calendar years 2000 and 2001 |
4 |
| that (1)
are to be
used for purses and (2) are generated |
5 |
| between the hours of 6:30 p.m. and 6:30
a.m.
during 2000 or |
6 |
| 2001 to the standardbred purse account at that
racetrack to
|
7 |
| be used for standardbred purses.
|
8 |
| (8) Notwithstanding any provision in this Act to the |
9 |
| contrary, an
organization licensee from a track located in |
10 |
| a county with a population in
excess of 230,000 and that |
11 |
| borders the Mississippi River and its affiliated
non-host |
12 |
| licensees shall not be entitled to share in any retention |
13 |
| generated on
racing, inter-track wagering, or simulcast |
14 |
| wagering at any other Illinois
wagering facility.
|
15 |
| (8.1) Notwithstanding any provisions in this Act to the |
16 |
| contrary, if 2
organization licensees
are conducting |
17 |
| standardbred race meetings concurrently
between the hours |
18 |
| of 6:30 p.m. and 6:30 a.m., after payment of all applicable
|
19 |
| State and local taxes and interstate commission fees, the |
20 |
| remainder of the
amount retained from simulcast wagering |
21 |
| otherwise attributable to the host
track and to host track |
22 |
| purses shall be split daily between the 2
organization |
23 |
| licensees and the purses at the tracks of the 2 |
24 |
| organization
licensees, respectively, based on each |
25 |
| organization licensee's share
of the total live handle for |
26 |
| that day,
provided that this provision shall not apply to |
|
|
|
09500SB0011sam001 |
- 51 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| any non-host licensee that
derives its license from a track |
2 |
| located in a county with a population in
excess of 230,000 |
3 |
| and that borders the Mississippi River.
|
4 |
| (9) (Blank).
|
5 |
| (10) (Blank).
|
6 |
| (11) (Blank).
|
7 |
| (12) The Board shall have authority to compel all host |
8 |
| tracks to receive
the simulcast of any or all races |
9 |
| conducted at the Springfield or DuQuoin State
fairgrounds |
10 |
| and include all such races as part of their simulcast |
11 |
| programs.
|
12 |
| (13)
Notwithstanding any other provision of this Act, |
13 |
| in
the event that
the total Illinois pari-mutuel handle on |
14 |
| Illinois horse races at all wagering
facilities in any |
15 |
| calendar year is less than 75% of the total Illinois
|
16 |
| pari-mutuel handle on Illinois horse races at all such |
17 |
| wagering facilities for
calendar year 1994, then each |
18 |
| wagering facility that has an annual total
Illinois |
19 |
| pari-mutuel handle on Illinois horse races that is less |
20 |
| than 75% of
the total Illinois pari-mutuel handle on |
21 |
| Illinois horse races at such wagering
facility for calendar |
22 |
| year 1994, shall be permitted to receive, from any amount
|
23 |
| otherwise
payable to the purse account at the race track |
24 |
| with which the wagering facility
is affiliated in the |
25 |
| succeeding calendar year, an amount equal to 2% of the
|
26 |
| differential in total Illinois pari-mutuel handle on |
|
|
|
09500SB0011sam001 |
- 52 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| Illinois horse
races at the wagering facility between that |
2 |
| calendar year in question and 1994
provided, however, that |
3 |
| a
wagering facility shall not be entitled to any such |
4 |
| payment until the Board
certifies in writing to the |
5 |
| wagering facility the amount to which the wagering
facility |
6 |
| is entitled
and a schedule for payment of the amount to the |
7 |
| wagering facility, based on:
(i) the racing dates awarded |
8 |
| to the race track affiliated with the wagering
facility |
9 |
| during the succeeding year; (ii) the sums available or |
10 |
| anticipated to
be available in the purse account of the |
11 |
| race track affiliated with the
wagering facility for purses |
12 |
| during the succeeding year; and (iii) the need to
ensure |
13 |
| reasonable purse levels during the payment period.
The |
14 |
| Board's certification
shall be provided no later than |
15 |
| January 31 of the succeeding year.
In the event a wagering |
16 |
| facility entitled to a payment under this paragraph
(13) is |
17 |
| affiliated with a race track that maintains purse accounts |
18 |
| for both
standardbred and thoroughbred racing, the amount |
19 |
| to be paid to the wagering
facility shall be divided |
20 |
| between each purse account pro rata, based on the
amount of |
21 |
| Illinois handle on Illinois standardbred and thoroughbred |
22 |
| racing
respectively at the wagering facility during the |
23 |
| previous calendar year.
Annually, the General Assembly |
24 |
| shall appropriate sufficient funds from the
General |
25 |
| Revenue Fund to the Department of Agriculture for payment |
26 |
| into the
thoroughbred and standardbred horse racing purse |
|
|
|
09500SB0011sam001 |
- 53 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| accounts at
Illinois pari-mutuel tracks. The amount paid to |
2 |
| each purse account shall be
the amount certified by the |
3 |
| Illinois Racing Board in January to be
transferred from |
4 |
| each account to each eligible racing facility in
accordance |
5 |
| with the provisions of this Section.
|
6 |
| (h) The Board may approve and license the conduct of |
7 |
| inter-track wagering
and simulcast wagering by inter-track |
8 |
| wagering licensees and inter-track
wagering location licensees |
9 |
| subject to the following terms and conditions:
|
10 |
| (1) Any person licensed to conduct a race meeting (i) |
11 |
| at a track where
60 or more days of racing were conducted |
12 |
| during the immediately preceding
calendar year or where |
13 |
| over the 5 immediately preceding calendar years an
average |
14 |
| of 30 or more days of racing were conducted annually may be |
15 |
| issued an
inter-track wagering license; (ii) at a track
|
16 |
| located in a county that is bounded by the Mississippi |
17 |
| River, which has a
population of less than 150,000 |
18 |
| according to the 1990 decennial census, and an
average of |
19 |
| at least 60 days of racing per year between 1985 and 1993 |
20 |
| may be
issued an inter-track wagering license; or (iii) at |
21 |
| a track
located in Madison
County that conducted at least |
22 |
| 100 days of live racing during the immediately
preceding
|
23 |
| calendar year may be issued an inter-track wagering |
24 |
| license, unless a lesser
schedule of
live racing is the |
25 |
| result of (A) weather, unsafe track conditions, or other
|
26 |
| acts of God; (B)
an agreement between the organization |
|
|
|
09500SB0011sam001 |
- 54 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| licensee and the associations
representing the
largest |
2 |
| number of owners, trainers, jockeys, or standardbred |
3 |
| drivers who race
horses at
that organization licensee's |
4 |
| racing meeting; or (C) a finding by the Board of
|
5 |
| extraordinary circumstances and that it was in the best |
6 |
| interest of the public
and the sport to conduct fewer than |
7 |
| 100 days of live racing. Any such person
having operating |
8 |
| control of the racing facility may also receive up to 6
|
9 |
| inter-track wagering
location licenses. In no event shall |
10 |
| more than 6 inter-track wagering
locations be established |
11 |
| for each eligible race track, except that an
eligible race |
12 |
| track located in a county that has a population of more |
13 |
| than
230,000 and that is bounded by the Mississippi River |
14 |
| may establish up to 7
inter-track wagering locations.
An |
15 |
| application for
said license shall be filed with the Board |
16 |
| prior to such dates as may be
fixed by the Board. With an |
17 |
| application for an inter-track
wagering
location license |
18 |
| there shall be delivered to the Board a certified check or
|
19 |
| bank draft payable to the order of the Board for an amount |
20 |
| equal to $500.
The application shall be on forms prescribed |
21 |
| and furnished by the Board. The
application shall comply |
22 |
| with all other rules,
regulations and conditions imposed by |
23 |
| the Board in connection therewith.
|
24 |
| (2) The Board shall examine the applications with |
25 |
| respect to their
conformity with this Act and the rules and |
26 |
| regulations imposed by the
Board. If found to be in |
|
|
|
09500SB0011sam001 |
- 55 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| compliance with the Act and rules and regulations
of the |
2 |
| Board, the Board may then issue a license to conduct |
3 |
| inter-track
wagering and simulcast wagering to such |
4 |
| applicant. All such applications
shall be acted upon by the |
5 |
| Board at a meeting to be held on such date as may be
fixed |
6 |
| by the Board.
|
7 |
| (3) In granting licenses to conduct inter-track |
8 |
| wagering and simulcast
wagering, the Board shall give due |
9 |
| consideration to
the best interests of the
public, of horse |
10 |
| racing, and of maximizing revenue to the State.
|
11 |
| (4) Prior to the issuance of a license to conduct |
12 |
| inter-track wagering
and simulcast wagering,
the applicant |
13 |
| shall file with the Board a bond payable to the State of |
14 |
| Illinois
in the sum of $50,000, executed by the applicant |
15 |
| and a surety company or
companies authorized to do business |
16 |
| in this State, and conditioned upon
(i) the payment by the |
17 |
| licensee of all taxes due under Section 27 or 27.1
and any |
18 |
| other monies due and payable under this Act, and (ii)
|
19 |
| distribution by the licensee, upon presentation of the |
20 |
| winning ticket or
tickets, of all sums payable to the |
21 |
| patrons of pari-mutuel pools.
|
22 |
| (5) Each license to conduct inter-track wagering and |
23 |
| simulcast
wagering shall specify the person
to whom it is |
24 |
| issued, the dates on which such wagering is permitted, and
|
25 |
| the track or location where the wagering is to be |
26 |
| conducted.
|
|
|
|
09500SB0011sam001 |
- 56 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| (6) All wagering under such license is subject to this |
2 |
| Act and to the
rules and regulations from time to time |
3 |
| prescribed by the Board, and every
such license issued by |
4 |
| the Board shall contain a recital to that effect.
|
5 |
| (7) An inter-track wagering licensee or inter-track |
6 |
| wagering location
licensee may accept wagers at the track |
7 |
| or location
where it is licensed, or as otherwise provided |
8 |
| under this Act.
|
9 |
| (8) Inter-track wagering or simulcast wagering shall |
10 |
| not be
conducted
at any track less than 5 miles from a |
11 |
| track at which a racing meeting is in
progress.
|
12 |
| (8.1) Inter-track wagering location
licensees who |
13 |
| derive their licenses from a particular organization |
14 |
| licensee
shall conduct inter-track wagering and simulcast |
15 |
| wagering only at locations
which are either within 90
miles |
16 |
| of that race track where the particular organization |
17 |
| licensee is
licensed to conduct racing, or within 135 miles |
18 |
| of that race track
where
the particular organization |
19 |
| licensee is licensed to conduct racing
in the case
of race |
20 |
| tracks in counties of less than 400,000 that were operating |
21 |
| on or
before June 1, 1986. However, inter-track wagering |
22 |
| and simulcast wagering
shall not
be conducted by those |
23 |
| licensees at any location within 5 miles of any race
track |
24 |
| at which a
horse race meeting has been licensed in the |
25 |
| current year, unless the person
having operating control of |
26 |
| such race track has given its written consent
to such |
|
|
|
09500SB0011sam001 |
- 57 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| inter-track wagering location licensees,
which consent
|
2 |
| must be filed with the Board at or prior to the time |
3 |
| application is made.
|
4 |
| (8.2) Inter-track wagering or simulcast wagering shall |
5 |
| not be
conducted by an inter-track
wagering location |
6 |
| licensee at any location within 500 feet of an
existing
|
7 |
| church or existing school, nor within 500 feet of the |
8 |
| residences
of more than 50 registered voters without
|
9 |
| receiving written permission from a majority of the |
10 |
| registered
voters at such residences.
Such written |
11 |
| permission statements shall be filed with the Board. The
|
12 |
| distance of 500 feet shall be measured to the nearest part |
13 |
| of any
building
used for worship services, education |
14 |
| programs, residential purposes, or
conducting inter-track |
15 |
| wagering by an inter-track wagering location
licensee, and |
16 |
| not to property boundaries. However, inter-track wagering |
17 |
| or
simulcast wagering may be conducted at a site within 500 |
18 |
| feet of
a church, school or residences
of 50 or more |
19 |
| registered voters if such church, school
or residences have |
20 |
| been erected
or established, or such voters have been |
21 |
| registered, after
the Board issues
the original |
22 |
| inter-track wagering location license at the site in |
23 |
| question.
Inter-track wagering location licensees may |
24 |
| conduct inter-track wagering
and simulcast wagering only |
25 |
| in areas that are zoned for
commercial or manufacturing |
26 |
| purposes or
in areas for which a special use has been |
|
|
|
09500SB0011sam001 |
- 58 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| approved by the local zoning
authority. However, no license |
2 |
| to conduct inter-track wagering and simulcast
wagering |
3 |
| shall be
granted by the Board with respect to any |
4 |
| inter-track wagering location
within the jurisdiction of |
5 |
| any local zoning authority which has, by
ordinance or by |
6 |
| resolution, prohibited the establishment of an inter-track
|
7 |
| wagering location within its jurisdiction. However, |
8 |
| inter-track wagering
and simulcast wagering may be |
9 |
| conducted at a site if such ordinance or
resolution is |
10 |
| enacted after
the Board licenses the original inter-track |
11 |
| wagering location
licensee for the site in question.
|
12 |
| (9) (Blank).
|
13 |
| (10) An inter-track wagering licensee or an |
14 |
| inter-track wagering
location licensee may retain, subject |
15 |
| to the
payment of the privilege taxes and the purses, an |
16 |
| amount not to
exceed 17% of all money wagered. Each program |
17 |
| of racing conducted by
each inter-track wagering licensee |
18 |
| or inter-track wagering location
licensee shall be |
19 |
| considered a separate racing day for the purpose of
|
20 |
| determining the daily handle and computing the privilege |
21 |
| tax or pari-mutuel
tax on such daily
handle as provided in |
22 |
| Section 27.
|
23 |
| (10.1) Except as provided in subsection (g) of Section |
24 |
| 27 of this Act,
inter-track wagering location licensees |
25 |
| shall pay 1% of the
pari-mutuel handle at each location to |
26 |
| the municipality in which such
location is situated and 1% |
|
|
|
09500SB0011sam001 |
- 59 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| of the pari-mutuel handle at each location to
the county in |
2 |
| which such location is situated. In the event that an
|
3 |
| inter-track wagering location licensee is situated in an |
4 |
| unincorporated
area of a county, such licensee shall pay 2% |
5 |
| of the pari-mutuel handle from
such location to such |
6 |
| county.
|
7 |
| (10.2) Notwithstanding any other provision of this |
8 |
| Act, with respect to
intertrack wagering at a race track |
9 |
| located in a
county that has a population of
more than |
10 |
| 230,000 and that is bounded by the Mississippi River ("the |
11 |
| first race
track"), or at a facility operated by an |
12 |
| inter-track wagering licensee or
inter-track wagering |
13 |
| location licensee that derives its license from the
|
14 |
| organization licensee that operates the first race track, |
15 |
| on races conducted at
the first race track or on races |
16 |
| conducted at another Illinois race track
and |
17 |
| simultaneously televised to the first race track or to a |
18 |
| facility operated
by an inter-track wagering licensee or |
19 |
| inter-track wagering location licensee
that derives its |
20 |
| license from the organization licensee that operates the |
21 |
| first
race track, those moneys shall be allocated as |
22 |
| follows:
|
23 |
| (A) That portion of all moneys wagered on |
24 |
| standardbred racing that is
required under this Act to |
25 |
| be paid to purses shall be paid to purses for
|
26 |
| standardbred races.
|
|
|
|
09500SB0011sam001 |
- 60 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| (B) That portion of all moneys wagered on |
2 |
| thoroughbred racing
that is required under this Act to |
3 |
| be paid to purses shall be paid to purses
for |
4 |
| thoroughbred races.
|
5 |
| (11) (A) After payment of the privilege or pari-mutuel |
6 |
| tax, any other
applicable
taxes, and
the costs and expenses |
7 |
| in connection with the gathering, transmission, and
|
8 |
| dissemination of all data necessary to the conduct of |
9 |
| inter-track wagering,
the remainder of the monies retained |
10 |
| under either Section 26 or Section 26.2
of this Act by the |
11 |
| inter-track wagering licensee on inter-track wagering
|
12 |
| shall be allocated with 50% to be split between the
2 |
13 |
| participating licensees and 50% to purses, except
that an |
14 |
| intertrack wagering licensee that derives its
license from |
15 |
| a track located in a county with a population in excess of |
16 |
| 230,000
and that borders the Mississippi River shall not |
17 |
| divide any remaining
retention with the Illinois |
18 |
| organization licensee that provides the race or
races, and |
19 |
| an intertrack wagering licensee that accepts wagers on |
20 |
| races
conducted by an organization licensee that conducts a |
21 |
| race meet in a county
with a population in excess of |
22 |
| 230,000 and that borders the Mississippi River
shall not |
23 |
| divide any remaining retention with that organization |
24 |
| licensee.
|
25 |
| (B) From the
sums permitted to be retained pursuant to |
26 |
| this Act each inter-track wagering
location licensee shall |
|
|
|
09500SB0011sam001 |
- 61 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| pay (i) the privilege or pari-mutuel tax to the
State; (ii) |
2 |
| 4.75% of the
pari-mutuel handle on intertrack wagering at |
3 |
| such location on
races as purses, except that
an intertrack |
4 |
| wagering location licensee that derives its license from a
|
5 |
| track located in a county with a population in excess of |
6 |
| 230,000 and that
borders the Mississippi River shall retain |
7 |
| all purse moneys for its own purse
account consistent with |
8 |
| distribution set forth in this subsection (h), and
|
9 |
| intertrack wagering location licensees that accept wagers |
10 |
| on races
conducted
by an organization licensee located in a |
11 |
| county with a population in excess of
230,000 and that |
12 |
| borders the Mississippi River shall distribute all purse
|
13 |
| moneys to purses at the operating host track; (iii) until |
14 |
| January 1, 2000,
except as
provided in
subsection (g) of |
15 |
| Section 27 of this Act, 1% of the
pari-mutuel handle |
16 |
| wagered on inter-track wagering and simulcast wagering at
|
17 |
| each inter-track wagering
location licensee facility to |
18 |
| the Horse Racing Tax Allocation Fund, provided
that, to the |
19 |
| extent the total amount collected and distributed to the |
20 |
| Horse
Racing Tax Allocation Fund under this subsection (h) |
21 |
| during any calendar year
exceeds the amount collected and |
22 |
| distributed to the Horse Racing Tax Allocation
Fund during |
23 |
| calendar year 1994, that excess amount shall be |
24 |
| redistributed (I)
to all inter-track wagering location |
25 |
| licensees, based on each licensee's
pro-rata share of the |
26 |
| total handle from inter-track wagering and simulcast
|
|
|
|
09500SB0011sam001 |
- 62 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| wagering for all inter-track wagering location licensees |
2 |
| during the calendar
year in which this provision is |
3 |
| applicable; then (II) the amounts redistributed
to each |
4 |
| inter-track wagering location licensee as described in |
5 |
| subpart (I)
shall be further redistributed as provided in |
6 |
| subparagraph (B) of paragraph (5)
of subsection (g) of this |
7 |
| Section 26 provided first, that the shares of those
|
8 |
| amounts, which are to be redistributed to the host track or |
9 |
| to purses at the
host track under subparagraph (B) of |
10 |
| paragraph (5) of subsection (g) of this
Section 26 shall be
|
11 |
| redistributed based on each host track's pro rata share of |
12 |
| the total
inter-track
wagering and simulcast wagering |
13 |
| handle at all host tracks during the calendar
year in |
14 |
| question, and second, that any amounts redistributed as |
15 |
| described in
part (I) to an inter-track wagering location |
16 |
| licensee that accepts
wagers on races conducted by an |
17 |
| organization licensee that conducts a race meet
in a county |
18 |
| with a population in excess of 230,000 and that borders the
|
19 |
| Mississippi River shall be further redistributed as |
20 |
| provided in subparagraphs
(D) and (E) of paragraph (7) of |
21 |
| subsection (g) of this Section 26, with the
portion of that
|
22 |
| further redistribution allocated to purses at that |
23 |
| organization licensee to be
divided between standardbred |
24 |
| purses and thoroughbred purses based on the
amounts |
25 |
| otherwise allocated to purses at that organization |
26 |
| licensee during the
calendar year in question; and (iv) 8% |
|
|
|
09500SB0011sam001 |
- 63 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| of the pari-mutuel handle on
inter-track wagering wagered |
2 |
| at
such location to satisfy all costs and expenses of |
3 |
| conducting its wagering. The
remainder of the monies |
4 |
| retained by the inter-track wagering location licensee
|
5 |
| shall be allocated 40% to the location licensee and 60% to |
6 |
| the organization
licensee which provides the Illinois |
7 |
| races to the location, except that an
intertrack wagering |
8 |
| location
licensee that derives its license from a track |
9 |
| located in a county with a
population in excess of 230,000 |
10 |
| and that borders the Mississippi River shall
not divide any |
11 |
| remaining retention with the organization licensee that |
12 |
| provides
the race or races and an intertrack wagering |
13 |
| location licensee that accepts
wagers on races conducted by |
14 |
| an organization licensee that conducts a race meet
in a |
15 |
| county with a population in excess of 230,000 and that |
16 |
| borders the
Mississippi River shall not divide any |
17 |
| remaining retention with the
organization licensee.
|
18 |
| Notwithstanding the provisions of clauses (ii) and (iv) of |
19 |
| this
paragraph, in the case of the additional inter-track |
20 |
| wagering location licenses
authorized under paragraph (1) |
21 |
| of this subsection (h) by this amendatory
Act of 1991, |
22 |
| those licensees shall pay the following amounts as purses:
|
23 |
| during the first 12 months the licensee is in operation, |
24 |
| 5.25% of
the
pari-mutuel handle wagered at the location on |
25 |
| races; during the second 12
months, 5.25%; during the third |
26 |
| 12 months, 5.75%;
during
the fourth 12 months,
6.25%; and |
|
|
|
09500SB0011sam001 |
- 64 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| during the fifth 12 months and thereafter, 6.75%. The
|
2 |
| following amounts shall be retained by the licensee to |
3 |
| satisfy all costs
and expenses of conducting its wagering: |
4 |
| during the first 12 months the
licensee is in operation, |
5 |
| 8.25% of the pari-mutuel handle wagered
at the
location; |
6 |
| during the second 12 months, 8.25%; during the third 12 |
7 |
| months,
7.75%; during the fourth 12 months, 7.25%; and |
8 |
| during the fifth 12 months and
thereafter, 6.75%. For |
9 |
| additional intertrack wagering location licensees
|
10 |
| authorized under this amendatory Act of 1995, purses for |
11 |
| the first 12 months
the licensee is in operation shall be |
12 |
| 5.75% of the pari-mutuel wagered at the
location, purses |
13 |
| for the second 12 months the licensee is in operation shall |
14 |
| be
6.25%, and purses thereafter shall be 6.75%. For |
15 |
| additional intertrack
location licensees authorized under |
16 |
| this amendatory Act of 1995, the licensee
shall be allowed |
17 |
| to retain to satisfy all costs and expenses: 7.75% of the
|
18 |
| pari-mutuel handle wagered at the location during its first |
19 |
| 12 months of
operation, 7.25% during its second 12 months |
20 |
| of operation, and 6.75%
thereafter.
|
21 |
| (C) There is hereby created the Horse Racing Tax |
22 |
| Allocation Fund
which shall remain in existence until |
23 |
| December 31, 1999. Moneys
remaining in the Fund after |
24 |
| December 31, 1999
shall be paid into the
General Revenue |
25 |
| Fund. Until January 1, 2000,
all monies paid into the Horse |
26 |
| Racing Tax Allocation Fund pursuant to this
paragraph (11) |
|
|
|
09500SB0011sam001 |
- 65 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| by inter-track wagering location licensees located in park
|
2 |
| districts of 500,000 population or less, or in a |
3 |
| municipality that is not
included within any park district |
4 |
| but is included within a conservation
district and is the |
5 |
| county seat of a county that (i) is contiguous to the state
|
6 |
| of Indiana and (ii) has a 1990 population of 88,257 |
7 |
| according to the United
States Bureau of the Census, and |
8 |
| operating on May 1, 1994 shall be
allocated by |
9 |
| appropriation as follows:
|
10 |
| Two-sevenths to the Department of Agriculture. |
11 |
| Fifty percent of
this two-sevenths shall be used to |
12 |
| promote the Illinois horse racing and
breeding |
13 |
| industry, and shall be distributed by the Department of |
14 |
| Agriculture
upon the advice of a 9-member committee |
15 |
| appointed by the Governor consisting of
the following |
16 |
| members: the Director of Agriculture, who shall serve |
17 |
| as
chairman; 2 representatives of organization |
18 |
| licensees conducting thoroughbred
race meetings in |
19 |
| this State, recommended by those licensees; 2 |
20 |
| representatives
of organization licensees conducting |
21 |
| standardbred race meetings in this State,
recommended |
22 |
| by those licensees; a representative of the Illinois
|
23 |
| Thoroughbred Breeders and Owners Foundation, |
24 |
| recommended by that
Foundation; a representative of |
25 |
| the Illinois Standardbred Owners and
Breeders |
26 |
| Association, recommended
by that Association; a |
|
|
|
09500SB0011sam001 |
- 66 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| representative of
the Horsemen's Benevolent and |
2 |
| Protective Association or any successor
organization |
3 |
| thereto established in Illinois comprised of the |
4 |
| largest number of
owners and trainers, recommended by |
5 |
| that
Association or that successor organization; and a
|
6 |
| representative of the Illinois Harness Horsemen's
|
7 |
| Association, recommended by that Association. |
8 |
| Committee members shall
serve for terms of 2 years, |
9 |
| commencing January 1 of each even-numbered
year. If a |
10 |
| representative of any of the above-named entities has |
11 |
| not been
recommended by January 1 of any even-numbered |
12 |
| year, the Governor shall
appoint a committee member to |
13 |
| fill that position. Committee members shall
receive no |
14 |
| compensation for their services as members but shall be
|
15 |
| reimbursed for all actual and necessary expenses and |
16 |
| disbursements incurred
in the performance of their |
17 |
| official duties. The remaining 50% of this
|
18 |
| two-sevenths shall be distributed to county fairs for |
19 |
| premiums and
rehabilitation as set forth in the |
20 |
| Agricultural Fair Act;
|
21 |
| Four-sevenths to park districts or municipalities |
22 |
| that do not have a
park district of 500,000 population |
23 |
| or less for museum purposes (if an
inter-track wagering |
24 |
| location licensee is located in such a park district) |
25 |
| or
to conservation districts for museum purposes (if an |
26 |
| inter-track wagering
location licensee is located in a |
|
|
|
09500SB0011sam001 |
- 67 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| municipality that is not included within any
park |
2 |
| district but is included within a conservation |
3 |
| district and is the county
seat of a county that (i) is |
4 |
| contiguous to the state of Indiana and (ii) has a
1990 |
5 |
| population of 88,257 according to the United States |
6 |
| Bureau of the Census,
except that if the conservation |
7 |
| district does not maintain a museum, the monies
shall |
8 |
| be allocated equally between the county and the |
9 |
| municipality in which the
inter-track wagering |
10 |
| location licensee is located for general purposes) or |
11 |
| to a
municipal recreation board for park purposes (if |
12 |
| an inter-track wagering
location licensee is located |
13 |
| in a municipality that is not included within any
park |
14 |
| district and park maintenance is the function of the |
15 |
| municipal recreation
board and the municipality has a |
16 |
| 1990 population of 9,302 according to the
United States |
17 |
| Bureau of the Census); provided that the monies are |
18 |
| distributed
to each park district or conservation |
19 |
| district or municipality that does not
have a park |
20 |
| district in an amount equal to four-sevenths of the |
21 |
| amount
collected by each inter-track wagering location |
22 |
| licensee within the park
district or conservation |
23 |
| district or municipality for the Fund. Monies that
were |
24 |
| paid into the Horse Racing Tax Allocation Fund before |
25 |
| the effective date
of this amendatory Act of 1991 by an |
26 |
| inter-track wagering location licensee
located in a |
|
|
|
09500SB0011sam001 |
- 68 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| municipality that is not included within any park |
2 |
| district but is
included within a conservation |
3 |
| district as provided in this paragraph shall, as
soon |
4 |
| as practicable after the effective date of this |
5 |
| amendatory Act of 1991, be
allocated and paid to that |
6 |
| conservation district as provided in this paragraph.
|
7 |
| Any park district or municipality not maintaining a |
8 |
| museum may deposit the
monies in the corporate fund of |
9 |
| the park district or municipality where the
|
10 |
| inter-track wagering location is located, to be used |
11 |
| for general purposes;
and
|
12 |
| One-seventh to the Agricultural Premium Fund to be |
13 |
| used for distribution
to agricultural home economics |
14 |
| extension councils in accordance with "An
Act in |
15 |
| relation to additional support and finances for the |
16 |
| Agricultural and
Home Economic Extension Councils in |
17 |
| the several counties of this State and
making an |
18 |
| appropriation therefor", approved July 24, 1967.
|
19 |
| Until January 1, 2000, all other
monies paid into the |
20 |
| Horse Racing Tax
Allocation Fund pursuant to
this paragraph |
21 |
| (11) shall be allocated by appropriation as follows:
|
22 |
| Two-sevenths to the Department of Agriculture. |
23 |
| Fifty percent of this
two-sevenths shall be used to |
24 |
| promote the Illinois horse racing and breeding
|
25 |
| industry, and shall be distributed by the Department of |
26 |
| Agriculture upon the
advice of a 9-member committee |
|
|
|
09500SB0011sam001 |
- 69 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| appointed by the Governor consisting of the
following |
2 |
| members: the Director of Agriculture, who shall serve |
3 |
| as chairman; 2
representatives of organization |
4 |
| licensees conducting thoroughbred race meetings
in |
5 |
| this State, recommended by those licensees; 2 |
6 |
| representatives of
organization licensees conducting |
7 |
| standardbred race meetings in this State,
recommended |
8 |
| by those licensees; a representative of the Illinois |
9 |
| Thoroughbred
Breeders and Owners Foundation, |
10 |
| recommended by that Foundation; a
representative of |
11 |
| the Illinois Standardbred Owners and Breeders |
12 |
| Association,
recommended by that Association; a |
13 |
| representative of the Horsemen's Benevolent
and |
14 |
| Protective Association or any successor organization |
15 |
| thereto established
in Illinois comprised of the |
16 |
| largest number of owners and trainers,
recommended by |
17 |
| that Association or that successor organization; and a
|
18 |
| representative of the Illinois Harness Horsemen's |
19 |
| Association, recommended by
that Association. |
20 |
| Committee members shall serve for terms of 2 years,
|
21 |
| commencing January 1 of each even-numbered year. If a |
22 |
| representative of any of
the above-named entities has |
23 |
| not been recommended by January 1 of any
even-numbered |
24 |
| year, the Governor shall appoint a committee member to |
25 |
| fill that
position. Committee members shall receive no |
26 |
| compensation for their services
as members but shall be |
|
|
|
09500SB0011sam001 |
- 70 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| reimbursed for all actual and necessary expenses and
|
2 |
| disbursements incurred in the performance of their |
3 |
| official duties. The
remaining 50% of this |
4 |
| two-sevenths shall be distributed to county fairs for
|
5 |
| premiums and rehabilitation as set forth in the |
6 |
| Agricultural Fair Act;
|
7 |
| Four-sevenths to museums and aquariums located in |
8 |
| park districts of over
500,000 population; provided |
9 |
| that the monies are distributed in accordance with
the |
10 |
| previous year's distribution of the maintenance tax |
11 |
| for such museums and
aquariums as provided in Section 2 |
12 |
| of the Park District Aquarium and Museum
Act; and
|
13 |
| One-seventh to the Agricultural Premium Fund to be |
14 |
| used for distribution
to agricultural home economics |
15 |
| extension councils in accordance with "An Act
in |
16 |
| relation to additional support and finances for the |
17 |
| Agricultural and
Home Economic Extension Councils in |
18 |
| the several counties of this State and
making an |
19 |
| appropriation therefor", approved July 24, 1967.
This |
20 |
| subparagraph (C) shall be inoperative and of no force |
21 |
| and effect on and
after January 1, 2000.
|
22 |
| (D) Except as provided in paragraph (11) of this |
23 |
| subsection (h),
with respect to purse allocation from |
24 |
| intertrack wagering, the monies so
retained shall be |
25 |
| divided as follows:
|
26 |
| (i) If the inter-track wagering licensee, |
|
|
|
09500SB0011sam001 |
- 71 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| except an intertrack
wagering licensee that |
2 |
| derives its license from an organization
licensee |
3 |
| located in a county with a population in excess of |
4 |
| 230,000 and bounded
by the Mississippi River, is |
5 |
| not conducting its own
race meeting during the same |
6 |
| dates, then the entire purse allocation shall be
to |
7 |
| purses at the track where the races wagered on are |
8 |
| being conducted.
|
9 |
| (ii) If the inter-track wagering licensee, |
10 |
| except an intertrack
wagering licensee that |
11 |
| derives its license from an organization
licensee |
12 |
| located in a county with a population in excess of |
13 |
| 230,000 and bounded
by the Mississippi River, is |
14 |
| also
conducting its own
race meeting during the |
15 |
| same dates, then the purse allocation shall be as
|
16 |
| follows: 50% to purses at the track where the races |
17 |
| wagered on are
being conducted; 50% to purses at |
18 |
| the track where the inter-track
wagering licensee |
19 |
| is accepting such wagers.
|
20 |
| (iii) If the inter-track wagering is being |
21 |
| conducted by an inter-track
wagering location |
22 |
| licensee, except an intertrack wagering location |
23 |
| licensee
that derives its license from an |
24 |
| organization licensee located in a
county with a |
25 |
| population in excess of 230,000 and bounded by the |
26 |
| Mississippi
River, the entire purse allocation for |
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
|
|
1 |
| Illinois races shall
be to purses at the track |
2 |
| where the race meeting being wagered on is being
|
3 |
| held.
|
4 |
| (12) The Board shall have all powers necessary and |
5 |
| proper to fully
supervise and control the conduct of
|
6 |
| inter-track wagering and simulcast
wagering by inter-track |
7 |
| wagering licensees and inter-track wagering location
|
8 |
| licensees, including, but not
limited to the following:
|
9 |
| (A) The Board is vested with power to promulgate |
10 |
| reasonable rules and
regulations for the purpose of |
11 |
| administering the
conduct of this
wagering and to |
12 |
| prescribe reasonable rules, regulations and conditions |
13 |
| under
which such wagering shall be held and conducted. |
14 |
| Such rules and regulations
are to provide for the |
15 |
| prevention of practices detrimental to the public
|
16 |
| interest and for
the best interests of said wagering |
17 |
| and to impose penalties
for violations thereof.
|
18 |
| (B) The Board, and any person or persons to whom it |
19 |
| delegates this
power, is vested with the power to enter |
20 |
| the
facilities of any licensee to determine whether |
21 |
| there has been
compliance with the provisions of this |
22 |
| Act and the rules and regulations
relating to the |
23 |
| conduct of such wagering.
|
24 |
| (C) The Board, and any person or persons to whom it |
25 |
| delegates this
power, may eject or exclude from any |
26 |
| licensee's facilities, any person whose
conduct or |
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
|
|
1 |
| reputation
is such that his presence on such premises |
2 |
| may, in the opinion of the Board,
call into the |
3 |
| question the honesty and integrity of, or interfere |
4 |
| with the
orderly conduct of such wagering; provided, |
5 |
| however, that no person shall
be excluded or ejected |
6 |
| from such premises solely on the grounds of race,
|
7 |
| color, creed, national origin, ancestry, or sex.
|
8 |
| (D) (Blank).
|
9 |
| (E) The Board is vested with the power to appoint |
10 |
| delegates to execute
any of the powers granted to it |
11 |
| under this Section for the purpose of
administering |
12 |
| this wagering and any
rules and
regulations
|
13 |
| promulgated in accordance with this Act.
|
14 |
| (F) The Board shall name and appoint a State |
15 |
| director of this wagering
who shall be a representative |
16 |
| of the Board and whose
duty it shall
be to supervise |
17 |
| the conduct of inter-track wagering as may be provided |
18 |
| for
by the rules and regulations of the Board; such |
19 |
| rules and regulation shall
specify the method of |
20 |
| appointment and the Director's powers, authority and
|
21 |
| duties.
|
22 |
| (G) The Board is vested with the power to impose |
23 |
| civil penalties of up
to $5,000 against individuals and |
24 |
| up to $10,000 against
licensees for each violation of |
25 |
| any provision of
this Act relating to the conduct of |
26 |
| this wagering, any
rules adopted
by the Board, any |
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
|
|
1 |
| order of the Board or any other action which in the |
2 |
| Board's
discretion, is a detriment or impediment to |
3 |
| such wagering.
|
4 |
| (13) The Department of Agriculture may enter into |
5 |
| agreements with
licensees authorizing such licensees to |
6 |
| conduct inter-track
wagering on races to be held at the |
7 |
| licensed race meetings conducted by the
Department of |
8 |
| Agriculture. Such
agreement shall specify the races of the |
9 |
| Department of Agriculture's
licensed race meeting upon |
10 |
| which the licensees will conduct wagering. In the
event |
11 |
| that a licensee
conducts inter-track pari-mutuel wagering |
12 |
| on races from the Illinois State Fair
or DuQuoin State Fair |
13 |
| which are in addition to the licensee's previously
approved |
14 |
| racing program, those races shall be considered a separate |
15 |
| racing day
for the
purpose of determining the daily handle |
16 |
| and computing the privilege or
pari-mutuel tax on
that |
17 |
| daily handle as provided in Sections 27
and 27.1. Such
|
18 |
| agreements shall be approved by the Board before such |
19 |
| wagering may be
conducted. In determining whether to grant |
20 |
| approval, the Board shall give
due consideration to the |
21 |
| best interests of the public and of horse racing.
The |
22 |
| provisions of paragraphs (1), (8), (8.1), and (8.2) of
|
23 |
| subsection (h) of this
Section which are not specified in |
24 |
| this paragraph (13) shall not apply to
licensed race |
25 |
| meetings conducted by the Department of Agriculture at the
|
26 |
| Illinois State Fair in Sangamon County or the DuQuoin State |
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
|
|
1 |
| Fair in Perry
County, or to any wagering conducted on
those |
2 |
| race meetings.
|
3 |
| (i) Notwithstanding the other provisions of this Act, the |
4 |
| conduct of
wagering at wagering facilities is authorized on all |
5 |
| days, except as limited by
subsection (b) of Section 19 of this |
6 |
| Act.
|
7 |
| (Source: P.A. 91-40, eff. 6-25-99; 92-211, eff. 8-2-01.)
|
8 |
| (230 ILCS 5/26.2) (from Ch. 8, par. 37-26.2)
|
9 |
| Sec. 26.2. In addition to the amount retained by
licensees |
10 |
| pursuant to Section 26, each licensee may retain an
additional |
11 |
| amount up to 3 1/2% of the amount wagered on all
multiple |
12 |
| wagers plus an additional amount up to 8% of the amount
wagered |
13 |
| on any other multiple wager
that involves a single betting |
14 |
| interest on 3 or more horses.
Amounts retained by organization |
15 |
| licensees and inter-track wagering licensees
on all forms of |
16 |
| wagering shall be allocated, after payment of
applicable State |
17 |
| and local taxes and advance deposit wagering fees, if |
18 |
| applicable, among organization licensees, inter-track
wagering |
19 |
| licensees, and purses as set forth in paragraph (5) of |
20 |
| subsection (g)
of Section 26, subparagraph (A) of paragraph |
21 |
| (11) of subsection (h) of
Section 26, and subsection (a) of |
22 |
| Section 29 of this Act.
Amounts retained by intertrack wagering |
23 |
| location licensees under this Section
on all forms of wagering |
24 |
| shall be allocated, after payment of applicable State
and local |
25 |
| taxes, among organization licensees, intertrack wagering |
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
|
|
1 |
| location
licensees, and purses as set forth in paragraph 5 of |
2 |
| subsection (g) of Section
26 and subparagraph (B) of paragraph |
3 |
| (11) of subsection (h) of Section 26.
|
4 |
| (Source: P.A. 89-16, eff. 5-30-95.)
|
5 |
| (230 ILCS 5/27) (from Ch. 8, par. 37-27)
|
6 |
| Sec. 27. (a) In addition to the organization license fee |
7 |
| provided
by this Act, until January 1, 2000, a
graduated |
8 |
| privilege tax is hereby
imposed for conducting
the pari-mutuel |
9 |
| system of wagering permitted under this
Act. Until January 1, |
10 |
| 2000, except as provided in subsection (g) of
Section 27 of |
11 |
| this Act, all of
the breakage of each racing day held by any |
12 |
| licensee in the State shall be paid
to the State.
Until January |
13 |
| 1, 2000, such daily graduated privilege tax shall be paid by
|
14 |
| the
licensee from the amount permitted to be retained under |
15 |
| this Act.
Until January 1, 2000, each day's
graduated privilege |
16 |
| tax, breakage, and Horse Racing Tax Allocation
funds shall be |
17 |
| remitted to the Department of Revenue within 48 hours after the
|
18 |
| close of the racing day upon which it is assessed or within |
19 |
| such other time as
the Board prescribes. The privilege tax |
20 |
| hereby imposed, until January
1, 2000, shall be a flat tax at
|
21 |
| the rate of 2% of the daily pari-mutuel handle except as |
22 |
| provided in Section
27.1.
|
23 |
| In addition, every organization licensee, except as
|
24 |
| provided in Section 27.1 of this Act, which conducts multiple
|
25 |
| wagering shall pay, until January 1, 2000,
as a privilege tax |
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
|
|
1 |
| on multiple
wagers an amount
equal to 1.25% of all moneys |
2 |
| wagered each day on such multiple wagers,
plus an additional |
3 |
| amount equal to 3.5% of the amount wagered each day on any
|
4 |
| other multiple wager which involves a single
betting interest |
5 |
| on 3 or more horses. The licensee shall remit the amount of
|
6 |
| such taxes to the Department of Revenue within 48 hours after |
7 |
| the close of
the racing day on which it is assessed or within |
8 |
| such other time as the Board
prescribes.
|
9 |
| This subsection (a) shall be inoperative and of no force |
10 |
| and effect on and
after January 1, 2000.
|
11 |
| (a-5) Beginning on January 1, 2000, a
flat
pari-mutuel tax |
12 |
| at the rate of 1.5% of
the daily
pari-mutuel handle , other than |
13 |
| from advance deposit wagering from a location other than a |
14 |
| wagering facility, which shall be subject to a pari-mutuel tax |
15 |
| at the rate of 0.5%, is imposed at all pari-mutuel wagering |
16 |
| facilities, except as otherwise provided for in this subsection |
17 |
| (a-5). Beginning on the effective date of this amendatory Act |
18 |
| of the 94th General Assembly and until moneys deposited |
19 |
| pursuant to Section 54 are distributed and received, a |
20 |
| pari-mutuel tax at the rate of 0.25% of the daily pari-mutuel |
21 |
| handle is imposed at a pari-mutuel facility whose license is |
22 |
| derived from a track located in a county that borders the |
23 |
| Mississippi River and conducted live racing in the previous |
24 |
| year. After moneys deposited pursuant to Section 54 are |
25 |
| distributed and received, a pari-mutuel tax at the rate of 1.5% |
26 |
| of the daily pari-mutuel handle is imposed at a pari-mutuel |
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
|
|
1 |
| facility whose license is derived from a track located in a |
2 |
| county that borders the Mississippi River and conducted live |
3 |
| racing in the previous year. The pari-mutuel tax imposed by |
4 |
| this subsection (a-5)
shall be remitted to the Department of
|
5 |
| Revenue within 48 hours after the close of the racing day upon |
6 |
| which it is
assessed or within such other time as the Board |
7 |
| prescribes.
|
8 |
| (b) On or before December 31, 1999, in
the event that any |
9 |
| organization
licensee conducts
2 separate programs
of races on |
10 |
| any day, each such program shall be considered a separate
|
11 |
| racing day for purposes of determining the daily handle and |
12 |
| computing
the privilege tax on such daily handle as provided in |
13 |
| subsection (a) of
this Section.
|
14 |
| (c) Licensees shall at all times keep accurate
books
and |
15 |
| records of all monies wagered on each day of a race meeting and |
16 |
| of
the taxes paid to the Department of Revenue under the |
17 |
| provisions of this
Section. The Board or its duly authorized |
18 |
| representative or
representatives shall at all reasonable |
19 |
| times have access to such
records for the purpose of examining |
20 |
| and checking the same and
ascertaining whether the proper |
21 |
| amount of taxes is being paid as
provided. The Board shall |
22 |
| require verified reports and a statement of
the total of all |
23 |
| monies wagered daily at each wagering facility upon which
the |
24 |
| taxes are assessed and may prescribe forms upon which such |
25 |
| reports
and statement shall be made.
|
26 |
| (d) Any licensee failing or refusing to pay the amount
of |
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
|
|
1 |
| any tax due under this Section shall be guilty of a business |
2 |
| offense
and upon conviction shall be fined not more than $5,000 |
3 |
| in addition to
the amount found due as tax under this Section. |
4 |
| Each day's violation
shall constitute a separate offense. All |
5 |
| fines paid into Court by a licensee hereunder shall be |
6 |
| transmitted and paid over by
the Clerk of the Court to the |
7 |
| Board.
|
8 |
| (e) No other license fee, privilege tax, excise tax, or
|
9 |
| racing fee, except as provided in this Act, shall be assessed |
10 |
| or
collected from any such licensee by the State.
|
11 |
| (f) No other license fee, privilege tax, excise tax or |
12 |
| racing fee shall be
assessed or collected from any such |
13 |
| licensee by units of local government
except as provided in |
14 |
| paragraph 10.1 of subsection (h) and subsection (f) of
Section |
15 |
| 26 of this Act. However, any municipality that has a Board |
16 |
| licensed
horse race meeting at a race track wholly within its |
17 |
| corporate boundaries or a
township that has a Board licensed |
18 |
| horse race meeting at a race track wholly
within the |
19 |
| unincorporated area of the township may charge a local
|
20 |
| amusement tax not to exceed 10¢ per admission to such horse |
21 |
| race meeting
by the enactment of an ordinance. However, any |
22 |
| municipality or county
that has a Board licensed inter-track |
23 |
| wagering location facility wholly
within its corporate |
24 |
| boundaries may each impose an admission fee not
to exceed $1.00 |
25 |
| per admission to such inter-track wagering location facility,
|
26 |
| so that a total of not more than $2.00 per admission may be |
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
|
|
1 |
| imposed.
Except as provided in subparagraph (g) of Section 27 |
2 |
| of this Act, the
inter-track wagering location licensee shall |
3 |
| collect any and all such fees
and within 48 hours remit the |
4 |
| fees to the Board, which shall, pursuant to
rule, cause the |
5 |
| fees to be distributed to the county or municipality.
|
6 |
| (g) Notwithstanding any provision in this Act to the |
7 |
| contrary, if in any
calendar year the total taxes and fees from |
8 |
| wagering on live racing and from
inter-track wagering required |
9 |
| to be collected from
licensees and distributed under this Act |
10 |
| to all State and local governmental
authorities exceeds the |
11 |
| amount of such taxes and fees distributed to each State
and |
12 |
| local governmental authority to which each State and local |
13 |
| governmental
authority was entitled under this Act for calendar |
14 |
| year 1994, then the first
$11 million of that excess amount |
15 |
| shall be allocated at the earliest possible
date for |
16 |
| distribution as purse money for the succeeding calendar year.
|
17 |
| Upon reaching the 1994 level, and until the excess amount of |
18 |
| taxes and fees
exceeds $11 million, the Board shall direct all |
19 |
| licensees to cease paying the
subject taxes and fees and the |
20 |
| Board shall direct all licensees to allocate any such excess |
21 |
| amount for purses as
follows:
|
22 |
| (i) the excess amount shall be initially divided |
23 |
| between thoroughbred and
standardbred purses based on the |
24 |
| thoroughbred's and standardbred's respective
percentages |
25 |
| of total Illinois live wagering in calendar year 1994;
|
26 |
| (ii) each thoroughbred and standardbred organization |
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
|
|
1 |
| licensee issued an
organization licensee in that |
2 |
| succeeding allocation year shall
be
allocated an amount |
3 |
| equal to the product of its percentage of total
Illinois
|
4 |
| live thoroughbred or standardbred wagering in calendar |
5 |
| year 1994 (the total to
be determined based on the sum of |
6 |
| 1994 on-track wagering for all organization
licensees |
7 |
| issued organization licenses in both the allocation year |
8 |
| and the
preceding year) multiplied by
the total amount |
9 |
| allocated for standardbred or thoroughbred purses, |
10 |
| provided
that the first $1,500,000 of the amount allocated |
11 |
| to standardbred
purses under item (i) shall be allocated to |
12 |
| the Department of
Agriculture to be expended with the |
13 |
| assistance and advice of the Illinois
Standardbred |
14 |
| Breeders Funds Advisory Board for the purposes listed in
|
15 |
| subsection (g) of Section 31 of this Act, before the amount |
16 |
| allocated to
standardbred purses under item (i) is |
17 |
| allocated to standardbred
organization licensees in the |
18 |
| succeeding allocation year.
|
19 |
| To the extent the excess amount of taxes and fees to be |
20 |
| collected and
distributed to State and local governmental |
21 |
| authorities exceeds $11 million,
that excess amount shall be |
22 |
| collected and distributed to State and local
authorities as |
23 |
| provided for under this Act.
|
24 |
| (Source: P.A. 94-805, eff. 5-26-06.)
|
25 |
| (230 ILCS 5/28.1)
|
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
|
|
1 |
| Sec. 28.1. Payments.
|
2 |
| (a) Beginning on January 1, 2000, moneys collected by the |
3 |
| Department of
Revenue and the Racing Board pursuant to Section |
4 |
| 26 or Section 27
of this Act shall be deposited into the Horse |
5 |
| Racing Fund, which is hereby
created as a special fund in the |
6 |
| State Treasury.
|
7 |
| (b) Appropriations, as approved by the General
Assembly, |
8 |
| may be made from
the Horse Racing Fund to the Board to pay the
|
9 |
| salaries of the Board members, secretary, stewards,
directors |
10 |
| of mutuels, veterinarians, representatives, accountants,
|
11 |
| clerks, stenographers, inspectors and other employees of the |
12 |
| Board, and
all expenses of the Board incident to the |
13 |
| administration of this Act,
including, but not limited to, all |
14 |
| expenses and salaries incident to the
taking of saliva and |
15 |
| urine samples in accordance with the rules and
regulations of |
16 |
| the Board.
|
17 |
| (c) Appropriations, as approved by the General Assembly, |
18 |
| shall be made
from the Horse Racing Fund to the Department of |
19 |
| Agriculture for the
purposes identified in paragraphs (2), |
20 |
| (2.5), (4), (6), (7), (8), and
(9) of
subsection (g) of Section |
21 |
| 30, subsection (e) of Section 30.5, and paragraphs
(1),
(2), |
22 |
| (3),
(5), and (8) of subsection (g) of Section 31 and for |
23 |
| standardbred bonus
programs
for owners of horses that win |
24 |
| multiple stakes races that are limited to
Illinois conceived |
25 |
| and foaled horses. From
Beginning on January 1, 2000 until the |
26 |
| effective date of this amendatory Act of the 95th General |
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
|
|
1 |
| Assembly , the Board shall
transfer the remainder of the funds
|
2 |
| generated pursuant to Sections 26 and 27 from the Horse Racing |
3 |
| Fund into the
General Revenue Fund.
|
4 |
| (d) Beginning January 1, 2000, payments to all programs in |
5 |
| existence on the
effective date of this amendatory Act of 1999 |
6 |
| that are identified in Sections
26(c), 26(f), 26(h)(11)(C), and |
7 |
| 28 , subsections (a), (b), (c), (d), (e), (f),
(g), and (h) of |
8 |
| Section 30, and subsections (a), (b), (c), (d), (e), (f), (g),
|
9 |
| and (h) of Section 31 shall be made from the General Revenue |
10 |
| Fund at the
funding levels determined by amounts paid under |
11 |
| this Act in calendar year
1998. Beginning on the effective date |
12 |
| of this amendatory Act of the 93rd General Assembly, payments |
13 |
| to the Peoria Park District shall be made from the General |
14 |
| Revenue Fund at the funding level determined by amounts paid to |
15 |
| that park district for museum purposes under this Act in |
16 |
| calendar year 1994. Beginning on the effective date of this |
17 |
| amendatory Act of the 94th General Assembly, in lieu of |
18 |
| payments to the Champaign Park District for museum purposes, |
19 |
| payments to the Urbana Park District shall be made from the |
20 |
| General Revenue Fund at the funding level determined by amounts |
21 |
| paid to the Champaign Park District for museum purposes under |
22 |
| this Act in calendar year 2005.
|
23 |
| (e) Beginning July 1, 2006, the payment authorized under |
24 |
| subsection (d) to museums and aquariums located in park |
25 |
| districts of over 500,000 population shall be paid to museums, |
26 |
| aquariums, and zoos in amounts determined by Museums in the |
|
|
|
09500SB0011sam001 |
- 84 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| Park, an association of museums, aquariums, and zoos located on |
2 |
| Chicago Park District property.
|
3 |
| (f) Notwithstanding any other provision of this Act to the |
4 |
| contrary,
appropriations, as approved by the General Assembly, |
5 |
| may be made from the Fair
and Exposition Fund to the Department |
6 |
| of Agriculture for distribution to
Illinois county fairs to |
7 |
| supplement premiums offered in junior classes. |
8 |
| (Source: P.A. 93-869, eff. 8-6-04; 94-813, eff. 5-26-06.)
|
9 |
| (230 ILCS 5/29) (from Ch. 8, par. 37-29)
|
10 |
| Sec. 29. (a) After the privilege or pari-mutuel tax |
11 |
| established in
Sections 26(f), 27, and 27.1 is paid to the |
12 |
| State from
the monies
from wagering other than advance deposit |
13 |
| wagering retained by the
organization licensee pursuant to |
14 |
| Sections 26, 26.2, and
26.3, the remainder of those monies
|
15 |
| retained pursuant to Sections 26 and 26.2, except as
provided |
16 |
| in subsection (g) of Section 27 of this Act, shall be
allocated |
17 |
| evenly to the organization licensee and as purses. Monies from |
18 |
| advance deposit wagering shall be allocated as provided in |
19 |
| subsection (g) of Section 26.
|
20 |
| (b) (Blank).
|
21 |
| (c) (Blank).
|
22 |
| (d) Each organization licensee and inter-track wagering |
23 |
| licensee
from the money retained for purses as
set forth in |
24 |
| subsection (a) of this Section,
shall pay to an
organization |
25 |
| representing the largest number of horse owners and trainers
|
|
|
|
09500SB0011sam001 |
- 85 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| which has negotiated a
contract with the organization licensee |
2 |
| for such purpose an amount equal to
at least 1% of the |
3 |
| organization licensee's and inter-track wagering
licensee's |
4 |
| retention of the pari-mutuel
handle
for
the racing season. Each |
5 |
| inter-track wagering location licensee, from the
4% of its |
6 |
| handle required to be paid as purses under paragraph
(11) of
|
7 |
| subsection (h) of Section 26 of this Act, shall pay to the |
8 |
| contractually
established representative organization 2% of |
9 |
| that 4%, provided that the
payments so made to the organization |
10 |
| shall not exceed a total of $125,000 in
any calendar
year. Such |
11 |
| contract shall be negotiated and signed prior to
the beginning |
12 |
| of the racing season.
|
13 |
| (Source: P.A. 91-40, eff. 6-25-99.)
|
14 |
| (230 ILCS 5/30)
(from Ch. 8, par. 37-30)
|
15 |
| Sec. 30. (a) The General Assembly declares that it is the |
16 |
| policy of
this State to encourage the breeding of thoroughbred |
17 |
| horses in this
State and the ownership of such horses by |
18 |
| residents of this State in
order to provide for: sufficient |
19 |
| numbers of high quality thoroughbred
horses to participate in |
20 |
| thoroughbred racing meetings in this State,
and to establish |
21 |
| and preserve the agricultural and commercial benefits
of such |
22 |
| breeding and racing industries to the State of Illinois. It is
|
23 |
| the intent of the General Assembly to further this policy by |
24 |
| the
provisions of this Act.
|
25 |
| (b) Each organization licensee conducting a thoroughbred |
|
|
|
09500SB0011sam001 |
- 86 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| racing meeting
pursuant to this Act shall provide at least two |
2 |
| races each day limited to
Illinois conceived and foaled horses |
3 |
| or Illinois foaled horses or both. A
minimum of 6 races shall |
4 |
| be conducted each week limited to Illinois conceived
and foaled |
5 |
| or Illinois foaled horses or both. Subject to the daily
|
6 |
| availability of horses, one of the 6 races scheduled per week |
7 |
| that are limited
to Illinois conceived and foaled or Illinois |
8 |
| foaled horses or both shall be
limited to Illinois conceived |
9 |
| and foaled or Illinois foaled maidens.
No horses shall be |
10 |
| permitted to start in such races unless duly registered
under |
11 |
| the rules of the Department of Agriculture.
|
12 |
| (c) Conditions of races under subsection (b) shall be |
13 |
| commensurate
with past performance, quality, and class of |
14 |
| Illinois conceived and foaled
and Illinois foaled horses
|
15 |
| available. If, however, sufficient competition cannot be had |
16 |
| among
horses of that class on any day, the races may, with |
17 |
| consent of the
Board, be eliminated for that day and substitute |
18 |
| races provided.
|
19 |
| (d) There is hereby created a special fund of the State |
20 |
| Treasury to be known
as the Illinois Thoroughbred Breeders |
21 |
| Fund.
|
22 |
| Except as provided in subsection (g) of Section 27 of this |
23 |
| Act, 8.5% of all
the monies received by the State as privilege |
24 |
| taxes on Thoroughbred racing
meetings shall be paid into the |
25 |
| Illinois Thoroughbred Breeders Fund.
|
26 |
| (e) The Illinois Thoroughbred Breeders Fund shall be |
|
|
|
09500SB0011sam001 |
- 87 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| administered by
the Department of Agriculture
with the advice |
2 |
| and assistance of the
Advisory Board created in subsection (f) |
3 |
| of this Section.
|
4 |
| (f) The Illinois Thoroughbred Breeders Fund Advisory Board |
5 |
| shall
consist of the Director of the Department of Agriculture, |
6 |
| who shall
serve as Chairman; a member of the Illinois Racing |
7 |
| Board, designated by
it; 2 representatives of the organization |
8 |
| licensees
conducting thoroughbred
racing meetings, recommended |
9 |
| by them; 2 representatives of the Illinois
Thoroughbred |
10 |
| Breeders and Owners Foundation, recommended by it; and 2
|
11 |
| representatives of the Horsemen's Benevolent Protective |
12 |
| Association or any
successor organization established in |
13 |
| Illinois comprised of the largest number
of owners and |
14 |
| trainers,
recommended
by it, with one representative of the |
15 |
| Horsemen's Benevolent and Protective
Association to come from |
16 |
| its Illinois Division, and one from its Chicago
Division. |
17 |
| Advisory Board members shall serve for 2 years commencing |
18 |
| January 1
of each odd numbered year. If representatives of the |
19 |
| organization licensees
conducting thoroughbred racing |
20 |
| meetings, the Illinois Thoroughbred Breeders and
Owners |
21 |
| Foundation, and the Horsemen's Benevolent Protection |
22 |
| Association have
not been recommended by January 1, of each odd |
23 |
| numbered year, the Director of
the Department of Agriculture |
24 |
| shall make an appointment for the organization
failing to so |
25 |
| recommend a member of the Advisory Board. Advisory Board |
26 |
| members
shall receive no compensation for their services as |
|
|
|
09500SB0011sam001 |
- 88 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| members but shall be
reimbursed for all actual and necessary |
2 |
| expenses and disbursements incurred in
the execution of their |
3 |
| official duties.
|
4 |
| (g) Moneys
No monies shall be expended from the Illinois
|
5 |
| Thoroughbred Breeders Fund except as appropriated by the |
6 |
| General
Assembly pursuant to this Act, the Riverboat and Casino |
7 |
| Gambling Act, or both . Monies
appropriated from the Illinois |
8 |
| Thoroughbred Breeders Fund shall be expended by
the Department |
9 |
| of Agriculture, with the advice and assistance of the Illinois
|
10 |
| Thoroughbred Breeders Fund Advisory Board, for the following |
11 |
| purposes only:
|
12 |
| (1) To provide purse supplements to owners of horses |
13 |
| participating
in races limited to Illinois conceived and |
14 |
| foaled and Illinois foaled
horses. Any such purse |
15 |
| supplements shall not be included in and shall
be paid in |
16 |
| addition to any purses, stakes, or breeders' awards offered
|
17 |
| by each organization licensee as determined by agreement |
18 |
| between such
organization licensee and an organization |
19 |
| representing the horsemen. No
monies from the Illinois |
20 |
| Thoroughbred Breeders Fund shall be used to provide
purse |
21 |
| supplements for claiming races in which the minimum |
22 |
| claiming price is
less than $7,500.
|
23 |
| (2) To provide stakes and awards to be paid to the |
24 |
| owners of the
winning horses in certain races limited to |
25 |
| Illinois conceived and foaled
and Illinois foaled horses |
26 |
| designated as stakes races.
|
|
|
|
09500SB0011sam001 |
- 89 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| (2.5) To provide an award to the owner or owners of an |
2 |
| Illinois
conceived and foaled or Illinois foaled horse that |
3 |
| wins a
maiden special weight, an allowance, overnight |
4 |
| handicap race, or
claiming race with claiming price of |
5 |
| $10,000 or more providing the race
is not restricted
to |
6 |
| Illinois conceived and foaled or Illinois foaled horses.
|
7 |
| Awards shall
also be provided to the owner or owners of |
8 |
| Illinois conceived and foaled and
Illinois foaled horses |
9 |
| that place second or third in those races. To the
extent
|
10 |
| that additional moneys are required to pay the minimum |
11 |
| additional awards of 40%
of the purse the horse earns for |
12 |
| placing first, second or third in those races
for Illinois |
13 |
| foaled horses and of 60% of the purse the horse earns for |
14 |
| placing
first, second or third in those races for Illinois
|
15 |
| conceived and foaled horses, those moneys shall be provided |
16 |
| from the purse
account at the track where earned.
|
17 |
| (3) To provide stallion awards to the owner or owners |
18 |
| of any stallion that
is duly registered with the Illinois |
19 |
| Thoroughbred Breeders Fund Program prior
to the effective |
20 |
| date of this amendatory Act of 1995 whose duly registered
|
21 |
| Illinois conceived and foaled offspring wins a race |
22 |
| conducted at an Illinois
thoroughbred racing meeting other |
23 |
| than a claiming race , provided (i) that the stallion stood |
24 |
| for service within Illinois at the time the offspring was |
25 |
| conceived and (ii) that the stallion did not stand for |
26 |
| service outside of Illinois at any time during the year in |
|
|
|
09500SB0011sam001 |
- 90 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| which the offspring was conceived . Such award shall not be
|
2 |
| paid to the owner or owners of an Illinois stallion that |
3 |
| served outside this
State at any time during the calendar |
4 |
| year in which such race was conducted.
|
5 |
| (4) To provide $75,000 annually for purses to be
|
6 |
| distributed to
county fairs that provide for the running of |
7 |
| races during each county
fair exclusively for the |
8 |
| thoroughbreds conceived and foaled in
Illinois. The |
9 |
| conditions of the races shall be developed by the county
|
10 |
| fair association and reviewed by the Department with the |
11 |
| advice and
assistance of
the Illinois Thoroughbred |
12 |
| Breeders Fund Advisory Board. There shall be no
wagering of |
13 |
| any kind on the running
of
Illinois conceived and foaled |
14 |
| races at county fairs.
|
15 |
| (4.1) (Blank).
To provide purse money for an Illinois |
16 |
| stallion
stakes program.
|
17 |
| (5) No less than 80% of all monies appropriated to
from
|
18 |
| the
Illinois Thoroughbred Breeders Fund shall be expended |
19 |
| for the purposes in (1),
(2), (2.5), (3), (4), (4.1), and |
20 |
| (5) as shown above.
|
21 |
| (6) To provide for educational programs regarding the |
22 |
| thoroughbred
breeding industry.
|
23 |
| (7) To provide for research programs concerning the |
24 |
| health,
development and care of the thoroughbred horse.
|
25 |
| (8) To provide for a scholarship and training program |
26 |
| for students
of equine veterinary medicine.
|
|
|
|
09500SB0011sam001 |
- 91 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| (9) To provide for dissemination of public information |
2 |
| designed to
promote the breeding of thoroughbred horses in |
3 |
| Illinois.
|
4 |
| (10) To provide for all expenses incurred in the |
5 |
| administration of
the Illinois Thoroughbred Breeders Fund.
|
6 |
| (h) (Blank).
Whenever the Governor finds that the amount in |
7 |
| the
Illinois
Thoroughbred 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 Thoroughbred Breeders Fund to the
General |
13 |
| Revenue Fund.
|
14 |
| (i) A sum equal to 12 1/2% of the first prize money of |
15 |
| every purse
won by an Illinois foaled or an Illinois conceived |
16 |
| and foaled horse in
races not limited to Illinois foaled horses |
17 |
| or Illinois conceived and
foaled horses, or both, shall be paid |
18 |
| by the organization licensee
conducting the horse race meeting. |
19 |
| Such sum shall be paid from the organization
licensee's share |
20 |
| of the money wagered as follows: 11 1/2% to the breeder of
the |
21 |
| winning horse and 1% to the organization representing |
22 |
| thoroughbred breeders
and owners whose representative serves |
23 |
| on the Illinois Thoroughbred Breeders
Fund Advisory Board for |
24 |
| verifying the amounts of breeders' awards earned,
assuring |
25 |
| their distribution in accordance with this Act, and servicing |
26 |
| and
promoting the Illinois thoroughbred horse racing industry. |
|
|
|
09500SB0011sam001 |
- 92 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| The
organization representing thoroughbred breeders and owners |
2 |
| shall cause all
expenditures of monies received under this |
3 |
| subsection (i) to be audited
at least annually by a registered |
4 |
| public accountant. The organization
shall file copies of each |
5 |
| annual audit with the Racing Board, the Clerk of
the House of |
6 |
| Representatives and the Secretary of the Senate, and shall
make |
7 |
| copies of each annual audit available to the public upon |
8 |
| request
and upon payment of the reasonable cost of photocopying |
9 |
| the requested
number of copies. Such payments shall not reduce |
10 |
| any award to the owner of the
horse or reduce the taxes payable |
11 |
| under this Act. Upon completion of its
racing meet, each |
12 |
| organization licensee shall deliver to the organization
|
13 |
| representing thoroughbred breeders and owners whose |
14 |
| representative serves on
the Illinois Thoroughbred Breeders |
15 |
| Fund Advisory Board a listing of all the
Illinois foaled and |
16 |
| the Illinois conceived and foaled horses which won
breeders' |
17 |
| awards and the amount of such breeders' awards under this |
18 |
| subsection
to verify accuracy of payments and assure proper |
19 |
| distribution of breeders'
awards in accordance with the |
20 |
| provisions of this Act. Such payments shall be
delivered by the |
21 |
| organization licensee within 30 days of the end of each race
|
22 |
| meeting.
|
23 |
| (j) A sum equal to 12 1/2% of the first prize money won in |
24 |
| each race
limited to Illinois foaled horses or Illinois |
25 |
| conceived and foaled
horses, or both, shall be paid in the |
26 |
| following manner by the
organization licensee conducting the |
|
|
|
09500SB0011sam001 |
- 93 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| horse race meeting, from the
organization licensee's share of |
2 |
| the money wagered: 11 1/2% to the breeders of
the horses in |
3 |
| each such race which are the official first, second, third
and |
4 |
| fourth finishers and 1% to the organization representing |
5 |
| thoroughbred
breeders and owners whose representative serves |
6 |
| on the Illinois Thoroughbred
Breeders Fund Advisory Board for |
7 |
| verifying the amounts of breeders' awards
earned, assuring |
8 |
| their proper distribution in accordance with this Act, and
|
9 |
| servicing and promoting the Illinois thoroughbred horse racing |
10 |
| industry. The
organization representing thoroughbred breeders |
11 |
| and owners shall cause all
expenditures of monies received |
12 |
| under this subsection (j) to be audited
at least annually by a |
13 |
| registered public accountant. The organization
shall file |
14 |
| copies of each annual audit with the Racing Board, the Clerk of
|
15 |
| the House of Representatives and the Secretary of the Senate, |
16 |
| and shall
make copies of each annual audit available to the |
17 |
| public upon request
and upon payment of the reasonable cost of |
18 |
| photocopying the requested
number of copies.
|
19 |
| The 11 1/2% paid to the breeders in accordance with this |
20 |
| subsection
shall be distributed as follows:
|
21 |
| (1) 60% of such sum shall be paid to the breeder of the |
22 |
| horse which
finishes in the official first position;
|
23 |
| (2) 20% of such sum shall be paid to the breeder of the |
24 |
| horse which
finishes in the official second position;
|
25 |
| (3) 15% of such sum shall be paid to the breeder of the |
26 |
| horse which
finishes in the official third position; and
|
|
|
|
09500SB0011sam001 |
- 94 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| (4) 5% of such sum shall be paid to the breeder of the |
2 |
| horse which
finishes in the official fourth position.
|
3 |
| Such payments shall not reduce any award to the owners of a |
4 |
| horse or
reduce the taxes payable under this Act. Upon |
5 |
| completion of its racing meet,
each organization licensee shall |
6 |
| deliver to the organization representing
thoroughbred breeders |
7 |
| and owners whose representative serves on the Illinois
|
8 |
| Thoroughbred Breeders Fund Advisory Board a listing of all the |
9 |
| Illinois foaled
and the Illinois conceived and foaled horses |
10 |
| which won breeders' awards and the
amount of such breeders' |
11 |
| awards in accordance with the provisions of this Act.
Such |
12 |
| payments shall be delivered by the organization licensee within |
13 |
| 30 days of
the end of each race meeting.
|
14 |
| (k) The term "breeder", as used herein, means the owner of |
15 |
| the mare at the
time the foal is dropped. An "Illinois foaled |
16 |
| horse" is a foal dropped by a
mare which enters this State on |
17 |
| or before December 1, in the year in which the
horse is bred, |
18 |
| provided the mare remains continuously in
this State until its |
19 |
| foal is born. An "Illinois foaled horse" also means a foal
born |
20 |
| of a mare in the same year as the mare enters this State on or |
21 |
| before
March 1, and remains in this State at least 30 days |
22 |
| after foaling, is bred back
during the season of the foaling to |
23 |
| an Illinois Registered Stallion (unless a
veterinarian |
24 |
| certifies that the mare should not be bred for health reasons),
|
25 |
| and is not bred to a stallion standing in any other state |
26 |
| during the season of
foaling. An "Illinois foaled horse" also |
|
|
|
09500SB0011sam001 |
- 95 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| means a foal born in Illinois of a
mare purchased at public |
2 |
| auction subsequent to the mare entering this State
prior to |
3 |
| March 1
February 1 of the foaling year providing the mare is
|
4 |
| owned solely by one or more Illinois residents or an Illinois |
5 |
| entity that is
entirely owned by one or more Illinois |
6 |
| residents.
|
7 |
| (l) The Department of Agriculture shall, by rule, with the |
8 |
| advice and
assistance of the Illinois Thoroughbred Breeders |
9 |
| Fund Advisory Board:
|
10 |
| (1) Qualify stallions for Illinois breeding; such |
11 |
| stallions to stand for
service within the State of Illinois |
12 |
| at the time of a foal's conception. Such
stallion must not |
13 |
| stand for service at any place outside the State of |
14 |
| Illinois
during the calendar year in which the foal is |
15 |
| conceived. The Department of
Agriculture may assess and |
16 |
| collect an application fee of
$500
fees for the |
17 |
| registration of each Illinois-eligible stallion
stallions . |
18 |
| All fees collected are to be paid into the Illinois
|
19 |
| Thoroughbred Breeders Fund and used by the Illinois |
20 |
| Thoroughbred Breeders
Fund Advisory Board for stallion |
21 |
| awards .
|
22 |
| (2) Provide for the registration of Illinois conceived |
23 |
| and foaled
horses and Illinois foaled horses. No such horse |
24 |
| shall compete in
the races limited to Illinois conceived |
25 |
| and foaled horses or Illinois
foaled horses or both unless |
26 |
| registered with the Department of
Agriculture. The |
|
|
|
09500SB0011sam001 |
- 96 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| Department of Agriculture may prescribe such forms as
are |
2 |
| necessary to determine the eligibility of such horses. The |
3 |
| Department of
Agriculture may assess and collect |
4 |
| application fees for the registration of
Illinois-eligible |
5 |
| foals. All fees collected are to be paid into the Illinois
|
6 |
| Thoroughbred Breeders Fund. No person
shall knowingly |
7 |
| prepare or cause preparation of an application for
|
8 |
| registration of such foals containing false information.
|
9 |
| (m) The Department of Agriculture, with the advice and |
10 |
| assistance of
the Illinois Thoroughbred Breeders Fund Advisory |
11 |
| Board, shall provide that certain races
limited to Illinois |
12 |
| conceived and foaled and Illinois foaled horses be
stakes races |
13 |
| and determine the total amount of stakes and awards to be paid
|
14 |
| to the owners of the winning horses in such races.
|
15 |
| In determining the stakes races and the amount of awards |
16 |
| for such races,
the Department of Agriculture shall consider |
17 |
| factors, including but not
limited to, the amount of money |
18 |
| appropriated for the Illinois Thoroughbred
Breeders Fund |
19 |
| program, organization licensees' contributions,
availability |
20 |
| of stakes caliber horses as demonstrated by past performances,
|
21 |
| whether the race can be coordinated into the proposed racing |
22 |
| dates within
organization licensees' racing dates, opportunity |
23 |
| for
colts and fillies
and various age groups to race, public |
24 |
| wagering on such races, and the
previous racing schedule.
|
25 |
| (n) The Board and the organizational licensee shall
notify |
26 |
| the Department of the conditions and minimum purses for races
|
|
|
|
09500SB0011sam001 |
- 97 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| limited to Illinois conceived and foaled and Illinois foaled |
2 |
| horses
conducted for each organizational licensee conducting a |
3 |
| thoroughbred racing
meeting. The Department of Agriculture |
4 |
| with the advice and assistance of
the Illinois Thoroughbred |
5 |
| Breeders Fund Advisory Board may allocate monies
for purse |
6 |
| supplements for such races. In determining whether to allocate
|
7 |
| money and the amount, the Department of Agriculture shall |
8 |
| consider factors,
including but not limited to, the amount of |
9 |
| money appropriated for the
Illinois Thoroughbred Breeders Fund |
10 |
| program, the number of races that may
occur, and the |
11 |
| organizational licensee's purse structure.
|
12 |
| (o) (Blank).
In order to improve the breeding quality of |
13 |
| thoroughbred
horses in the
State, the General Assembly |
14 |
| recognizes that existing provisions of this Section
to |
15 |
| encourage such quality breeding need to be revised and |
16 |
| strengthened. As
such, a Thoroughbred Breeder's Program Task |
17 |
| Force is to be appointed by the
Governor by September 1, 1999 |
18 |
| to make recommendations to the General Assembly
by no later |
19 |
| than March 1, 2000. This task force is to be composed of 2
|
20 |
| representatives from the Illinois Thoroughbred Breeders and |
21 |
| Owners Foundation,
2 from the Illinois Thoroughbred Horsemen's |
22 |
| Association, 3 from Illinois race
tracks operating |
23 |
| thoroughbred race meets for an average of at least 30 days in
|
24 |
| the past 3 years, the Director of Agriculture, the Executive |
25 |
| Director of the
Racing Board, who shall serve as Chairman.
|
26 |
| (Source: P.A. 91-40, eff. 6-25-99.)
|
|
|
|
09500SB0011sam001 |
- 98 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| (230 ILCS 5/31)
(from Ch. 8, par. 37-31)
|
2 |
| Sec. 31. (a) The General Assembly declares that it is the |
3 |
| policy of
this State to encourage the breeding of standardbred |
4 |
| horses in this
State and the ownership of such horses by |
5 |
| residents of this State in
order to provide for: sufficient |
6 |
| numbers of high quality standardbred
horses to participate in |
7 |
| harness racing meetings in this State, and to
establish and |
8 |
| preserve the agricultural and commercial benefits of such
|
9 |
| breeding and racing industries to the State of Illinois. It is |
10 |
| the
intent of the General Assembly to further this policy by |
11 |
| the provisions
of this Section of this Act.
|
12 |
| (b) Each organization licensee conducting a harness
racing |
13 |
| meeting pursuant to this Act shall provide for at least two |
14 |
| races each
race program limited to
Illinois conceived and |
15 |
| foaled horses. A minimum of 6 races shall be
conducted each |
16 |
| week limited to Illinois conceived and foaled horses. No
horses |
17 |
| shall be permitted to start in such races unless duly |
18 |
| registered
under the rules of the Department of Agriculture.
|
19 |
| (c) Conditions of races under subsection (b) shall be |
20 |
| commensurate
with past performance, quality and class of |
21 |
| Illinois conceived and
foaled horses available. If, however, |
22 |
| sufficient competition cannot be
had among horses of that class |
23 |
| on any day, the races may, with consent
of the Board, be |
24 |
| eliminated for that day and substitute races provided.
|
25 |
| (d) There is hereby created a special fund of the State |
|
|
|
09500SB0011sam001 |
- 99 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| Treasury to
be known as the Illinois Standardbred Breeders |
2 |
| Fund.
|
3 |
| During the calendar year 1981, and each year thereafter, |
4 |
| except as provided
in subsection (g) of Section 27 of this Act, |
5 |
| eight and one-half
per cent of all the monies received by the |
6 |
| State as privilege taxes on
harness racing meetings shall be |
7 |
| paid into the Illinois Standardbred
Breeders Fund.
|
8 |
| (e) The Illinois Standardbred Breeders Fund shall be |
9 |
| administered by
the Department of Agriculture with the |
10 |
| assistance and advice of the
Advisory Board created in |
11 |
| subsection (f) of this Section.
|
12 |
| (f) The Illinois Standardbred Breeders Fund Advisory Board |
13 |
| is hereby
created. The Advisory Board shall consist of the |
14 |
| Director of the
Department of Agriculture, who shall serve as |
15 |
| Chairman; the
Superintendent of the Illinois State Fair; a |
16 |
| member of the Illinois
Racing Board, designated by it; a |
17 |
| representative of the Illinois
Standardbred Owners and |
18 |
| Breeders Association, recommended by it; a
representative of |
19 |
| the Illinois Association of Agricultural Fairs,
recommended by |
20 |
| it, such representative to be from a fair at which
Illinois |
21 |
| conceived and foaled racing is conducted; a representative of
|
22 |
| the organization licensees conducting harness racing
meetings, |
23 |
| recommended by them
and a representative of the Illinois |
24 |
| Harness Horsemen's Association,
recommended by it. Advisory |
25 |
| Board members shall serve for 2 years
commencing January 1, of |
26 |
| each odd numbered year. If representatives of
the Illinois |
|
|
|
09500SB0011sam001 |
- 100 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| Standardbred Owners and Breeders Associations, the Illinois
|
2 |
| Association of Agricultural Fairs, the Illinois Harness |
3 |
| Horsemen's
Association, and the organization licensees |
4 |
| conducting
harness racing meetings
have not been recommended by |
5 |
| January 1, of each odd numbered year, the
Director of the |
6 |
| Department of Agriculture shall make an appointment for
the |
7 |
| organization failing to so recommend a member of the Advisory |
8 |
| Board.
Advisory Board members shall receive no compensation for |
9 |
| their services
as members but shall be reimbursed for all |
10 |
| actual and necessary expenses
and disbursements incurred in the |
11 |
| execution of their official duties.
|
12 |
| (g) No monies shall be expended from the Illinois |
13 |
| Standardbred
Breeders Fund except as appropriated by the |
14 |
| General Assembly pursuant to this Act, the Riverboat and Casino |
15 |
| Gambling Act, or both . Monies
appropriated from the Illinois |
16 |
| Standardbred Breeders Fund shall be
expended by the Department |
17 |
| of Agriculture, with the assistance and
advice of the Illinois |
18 |
| Standardbred Breeders Fund Advisory Board for the
following |
19 |
| purposes only:
|
20 |
| 1. To provide purses for races limited to Illinois |
21 |
| conceived and
foaled horses at the State Fair and the |
22 |
| DuQuoin State Fair .
|
23 |
| 2. To provide purses for races limited to Illinois |
24 |
| conceived and
foaled horses at county fairs.
|
25 |
| 3. To provide purse supplements for races limited to |
26 |
| Illinois
conceived and foaled horses conducted by |
|
|
|
09500SB0011sam001 |
- 101 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| associations conducting harness
racing meetings.
|
2 |
| 4. No less than 75% of all monies in the Illinois |
3 |
| Standardbred
Breeders Fund shall be expended for purses in |
4 |
| 1, 2 and 3 as shown above.
|
5 |
| 5. In the discretion of the Department of Agriculture |
6 |
| to provide
awards to harness breeders of Illinois conceived |
7 |
| and foaled horses which
win races conducted by organization |
8 |
| licensees
conducting harness racing meetings.
A breeder is |
9 |
| the owner of a mare at the time of conception. No more
than |
10 |
| 10% of all monies appropriated from the Illinois
|
11 |
| Standardbred Breeders Fund shall
be expended for such |
12 |
| harness breeders awards. No more than 25% of the
amount |
13 |
| expended for harness breeders awards shall be expended for
|
14 |
| expenses incurred in the administration of such harness |
15 |
| breeders awards.
|
16 |
| 6. To pay for the improvement of racing facilities |
17 |
| located at the
State Fair and County fairs.
|
18 |
| 7. To pay the expenses incurred in the administration |
19 |
| of the
Illinois Standardbred Breeders Fund.
|
20 |
| 8. To promote the sport of harness racing , including |
21 |
| grants up to a
maximum of $7,500 per fair per year for the |
22 |
| cost of a totalizer system to be
used for conducting |
23 |
| pari-mutuel wagering during the advertised dates of a
|
24 |
| county fair .
|
25 |
| (h) Whenever the Governor finds that the amount in the |
26 |
| Illinois
Standardbred Breeders Fund is more than the total of |
|
|
|
09500SB0011sam001 |
- 102 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| the outstanding
appropriations from such fund, the Governor |
2 |
| shall notify the State
Comptroller and the State Treasurer of |
3 |
| such fact. The Comptroller and
the State Treasurer, upon |
4 |
| receipt of such notification, shall transfer
such excess amount |
5 |
| from the Illinois Standardbred Breeders Fund to the
General |
6 |
| Revenue Fund.
|
7 |
| (i) A sum equal to 12 1/2% of the first prize money of |
8 |
| every purse
won by an Illinois conceived and foaled horse shall |
9 |
| be paid by the
organization licensee conducting the horse race |
10 |
| meeting to the breeder
of such winning horse from the |
11 |
| organization licensee's
share of
the money wagered. Such |
12 |
| payment shall not reduce any award to the owner of
the horse or |
13 |
| reduce the taxes payable under this Act. Such payment shall be
|
14 |
| delivered by the organization licensee at the end of each month
|
15 |
| race
meeting .
|
16 |
| (j) The Department of Agriculture shall, by rule, with the |
17 |
| assistance and
advice of the Illinois Standardbred Breeders |
18 |
| Fund Advisory Board:
|
19 |
| 1. Qualify stallions for Illinois Standardbred Breeders |
20 |
| Fund breeding; such
stallion shall be owned by a resident of |
21 |
| the State of Illinois or by an
Illinois corporation all of |
22 |
| whose shareholders, directors, officers and
incorporators are |
23 |
| residents of the State of Illinois. Such stallion shall
stand |
24 |
| for service at and within the State of Illinois at the time of |
25 |
| a foal's
conception, and such stallion must not stand for |
26 |
| service at any place , nor
may semen from such stallion be |
|
|
|
09500SB0011sam001 |
- 103 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| transported, outside the State of Illinois
during that calendar |
2 |
| year in which the foal is conceived and that the owner of
the |
3 |
| stallion was for the 12 months prior, a resident of Illinois. |
4 |
| The articles
of agreement of any partnership, joint venture, |
5 |
| limited partnership, syndicate,
association or corporation and |
6 |
| any bylaws and stock
certificates must contain a restriction |
7 |
| that provides that the ownership or
transfer of interest by any |
8 |
| one of the persons a party to the agreement can
only be made to |
9 |
| a person who qualifies as an Illinois resident.
Foals conceived |
10 |
| outside the State of Illinois from shipped semen from a
|
11 |
| stallion qualified for breeders' awards under this Section are
|
12 |
| not eligible to participate in the Illinois conceived and |
13 |
| foaled program.
|
14 |
| 2. Provide for the registration of Illinois conceived and |
15 |
| foaled
horses and no such horse shall compete in the races |
16 |
| limited to Illinois
conceived and foaled horses unless |
17 |
| registered with the Department of
Agriculture. The Department |
18 |
| of Agriculture may prescribe such forms as
may be necessary to |
19 |
| determine the eligibility of such horses. No person
shall |
20 |
| knowingly prepare or cause preparation of an application for
|
21 |
| registration of such foals containing false information.
A mare |
22 |
| (dam) must be in the state at least 30 days prior to foaling or
|
23 |
| remain in the State at least 30 days at the time of foaling.
|
24 |
| Beginning with the 1996 breeding season and for foals of 1997 |
25 |
| and thereafter,
a foal conceived in the State of Illinois by |
26 |
| transported fresh semen may be
eligible for Illinois
conceived |
|
|
|
09500SB0011sam001 |
- 104 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| and foaled registration provided all breeding and foaling
|
2 |
| requirements are met. The stallion must be qualified for |
3 |
| Illinois Standardbred
Breeders Fund breeding at the time of |
4 |
| conception and the mare must be
inseminated within the State of |
5 |
| Illinois. The foal must be dropped in Illinois
and properly |
6 |
| registered with the Department of Agriculture in accordance |
7 |
| with
this Act.
|
8 |
| 3. Provide that at least a 5 day racing program shall be |
9 |
| conducted
at the State Fair each year, which program shall |
10 |
| include at least the
following races limited to Illinois |
11 |
| conceived and foaled horses: (a) a
two year old Trot and Pace, |
12 |
| and Filly Division of each; (b) a three
year old Trot and Pace, |
13 |
| and Filly Division of each; (c) an aged Trot and Pace,
and Mare |
14 |
| Division of each.
|
15 |
| 4. Provide for the payment of nominating, sustaining and |
16 |
| starting
fees for races promoting the sport of harness racing |
17 |
| and for the races
to be conducted at the State Fair as provided |
18 |
| in
subsection (j) 3 of this Section provided that the |
19 |
| nominating,
sustaining and starting payment required from an |
20 |
| entrant shall not
exceed 2% of the purse of such race. All |
21 |
| nominating, sustaining and
starting payments shall be held for |
22 |
| the benefit of entrants and shall be
paid out as part of the |
23 |
| respective purses for such races.
Nominating, sustaining and |
24 |
| starting fees shall be held in trust accounts
for the purposes |
25 |
| as set forth in this Act and in accordance with Section
205-15 |
26 |
| of the Department of Agriculture Law (20 ILCS
205/205-15).
|
|
|
|
09500SB0011sam001 |
- 105 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| 5. Provide for the registration with the Department of |
2 |
| Agriculture
of Colt Associations or county fairs desiring to |
3 |
| sponsor races at county
fairs.
|
4 |
| (k) The Department of Agriculture, with the advice and |
5 |
| assistance of the
Illinois
Standardbred Breeders Fund Advisory |
6 |
| Board, may allocate monies for purse
supplements for such |
7 |
| races. In determining whether to allocate money and
the amount, |
8 |
| the Department
of Agriculture shall consider factors, |
9 |
| including but not limited to, the
amount of money appropriated |
10 |
| for the Illinois Standardbred Breeders Fund
program, the number |
11 |
| of races that may occur, and an organizational
licensee's purse |
12 |
| structure. The organizational licensee shall notify the
|
13 |
| Department of Agriculture of the conditions and minimum purses |
14 |
| for races
limited to Illinois conceived and foaled horses to be |
15 |
| conducted by each
organizational licensee conducting a harness |
16 |
| racing meeting for which purse
supplements have been |
17 |
| negotiated.
|
18 |
| (l) All races held at county fairs and the State Fair which |
19 |
| receive funds
from the Illinois Standardbred Breeders Fund |
20 |
| shall be conducted in
accordance with the rules of the United |
21 |
| States Trotting Association unless
otherwise modified by the |
22 |
| Department of Agriculture.
|
23 |
| (m) At all standardbred race meetings held or conducted |
24 |
| under authority of a
license granted by the Board, and at all |
25 |
| standardbred races held at county
fairs which are approved by |
26 |
| the Department of Agriculture or at the
Illinois or DuQuoin |
|
|
|
09500SB0011sam001 |
- 106 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| State Fairs, no one shall jog, train, warm up or drive
a |
2 |
| standardbred horse unless he or she is wearing a protective |
3 |
| safety helmet,
with the
chin strap fastened and in place, which |
4 |
| meets the standards and
requirements as set forth in the 1984 |
5 |
| Standard for Protective Headgear for
Use in Harness Racing and |
6 |
| Other Equestrian Sports published by the Snell
Memorial |
7 |
| Foundation, or any standards and requirements for headgear the
|
8 |
| Illinois Racing Board may approve. Any other standards and |
9 |
| requirements so
approved by the Board shall equal or exceed |
10 |
| those published by the Snell
Memorial Foundation. Any |
11 |
| equestrian helmet bearing the Snell label shall
be deemed to |
12 |
| have met those standards and requirements.
|
13 |
| (Source: P.A. 91-239, eff. 1-1-00.)
|
14 |
| (230 ILCS 5/31.2 new)
|
15 |
| Sec. 31.2. Racing Industry Workers' Fund; advisory board. |
16 |
| (a) The General Assembly finds that backstretch workers |
17 |
| play a critical role in the success and prosperity of the |
18 |
| racing industry. The General Assembly finds that there is a |
19 |
| need to improve the quality and viability of live racing in |
20 |
| Illinois by providing new resources to increase purse sizes and |
21 |
| to improve race track facilities. The General Assembly finds |
22 |
| that there is a concomitant responsibility and duty to address |
23 |
| the human service and housing needs of backstretch workers. |
24 |
| (b) There is hereby created in the State treasury a special |
25 |
| fund to be known as the Racing Industry Workers' Fund. The Fund |
|
|
|
09500SB0011sam001 |
- 107 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| shall consist of moneys paid into it under subsection (b) of |
2 |
| Section 54.5 of the Illinois Horse Racing Act of 1975.
|
3 |
| (c) The Illinois Racing Board is authorized to use funds in |
4 |
| the Racing Industry Workers' Fund to fund programs and |
5 |
| initiatives that improve the quality of life of backstretch |
6 |
| workers. Initiatives funded by the Illinois Racing Board shall |
7 |
| address needs such as illiteracy, substance dependence, |
8 |
| primary health care, child care, housing, and any other social |
9 |
| service need determined by the Illinois Racing Board. |
10 |
| (d) On December 31st of each year the Board shall report to |
11 |
| the General Assembly and the Governor on the programs funded by |
12 |
| the Board during the preceding fiscal year, the number of |
13 |
| persons served, and the working and living conditions of |
14 |
| backstretch workers. |
15 |
| (e) The Board shall appoint a Backstretch Programs Advisory |
16 |
| Board, who shall report to and advise the Board on matters |
17 |
| concerning backstretch conditions and needs. The Backstretch |
18 |
| Programs Advisory Board shall consist of the following 7 |
19 |
| members:
|
20 |
| (1) 2 persons who represent the interests of an |
21 |
| organization licensee; |
22 |
| (2) one person who represents the interests of |
23 |
| standardbred horsemen; |
24 |
| (3) one person who represents the interests of |
25 |
| thoroughbred horsemen; |
26 |
| (4) one person who is or was a backstretch worker; |
|
|
|
09500SB0011sam001 |
- 108 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| (5) one person who advocates on behalf of backstretch |
2 |
| workers; and |
3 |
| (6) one person who has significant experience in |
4 |
| administering social services. |
5 |
| (f) The Board shall hire, in its sole discretion, a |
6 |
| backstretch workers' Program Coordinator who shall serve under |
7 |
| the direction of the Board to supervise and coordinate the |
8 |
| programs funded by the Racing Industry Workers' Fund. The |
9 |
| Program Coordinator shall be paid from the Racing Industry |
10 |
| Workers' Fund.
|
11 |
| (230 ILCS 5/54.5) |
12 |
| (Section scheduled to be repealed on May 26, 2008)
|
13 |
| Sec. 54.5. Horse Racing Equity Trust Fund. |
14 |
| (a) There is created a Fund to be known as the Horse
Racing
|
15 |
| Equity Trust Fund, which is a non-appropriated trust fund held |
16 |
| separate and apart from State moneys. The Fund shall consist of |
17 |
| moneys paid into it by owners licensees under
the Riverboat |
18 |
| Gambling Act for the purposes described in this Section. The |
19 |
| Fund shall
be administered
by the Board. Moneys in the Fund |
20 |
| shall be distributed as directed and certified by the Board in |
21 |
| accordance with the provisions of subsection (b).
|
22 |
| (b) An amount equal to $2,000,000 shall be paid annually, |
23 |
| subject to appropriation by the General Assembly, from the |
24 |
| House Racing Equity Trust Fund to the Racing Industry Workers' |
25 |
| Fund. The remaining moneys deposited into the Fund, plus any |
|
|
|
09500SB0011sam001 |
- 109 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| accrued interest on those moneys, shall be distributed
within |
2 |
| 10 days after those moneys are deposited into the Fund as |
3 |
| follows:
|
4 |
| (1) Sixty percent of all moneys distributed under this |
5 |
| subsection shall be
distributed to organization licensees |
6 |
| to be distributed at their race
meetings as purses. |
7 |
| Fifty-seven percent of the amount distributed under this
|
8 |
| paragraph (1) shall be distributed for thoroughbred race |
9 |
| meetings and
43% shall be distributed for standardbred race |
10 |
| meetings. Within each
breed, moneys shall be allocated to |
11 |
| each organization licensee's purse
fund in accordance with |
12 |
| the ratio between the purses generated for that
breed by |
13 |
| that licensee during the prior calendar year and the total |
14 |
| purses
generated throughout the State for that breed during |
15 |
| the prior calendar
year by licensees in the current |
16 |
| calendar year.
|
17 |
| (2) The remaining 40% of the moneys distributed under |
18 |
| this
subsection (b) shall be distributed as follows:
|
19 |
| (A) 11% shall be distributed to any person (or its |
20 |
| successors or assigns) who had operating control of a |
21 |
| racetrack that conducted live racing in 2002 at a |
22 |
| racetrack in a
county with at least 230,000 inhabitants |
23 |
| that borders the Mississippi River and is a licensee in |
24 |
| the current year; and
|
25 |
| (B) the remaining 89% shall be distributed pro rata
|
26 |
| according to the aggregate
proportion of total handle |
|
|
|
09500SB0011sam001 |
- 110 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| from wagering on live races conducted in Illinois |
2 |
| (irrespective of where the wagers are placed) for |
3 |
| calendar years 2004 and 2005
to any person (or its
|
4 |
| successors or assigns) who (i) had
majority operating |
5 |
| control of a racing facility at which live racing was |
6 |
| conducted in
calendar year 2002, (ii) is a licensee in |
7 |
| the current
year, and (iii) is not eligible to receive |
8 |
| moneys under subparagraph (A) of this paragraph (2).
|
9 |
| The moneys received by an organization licensee |
10 |
| under this paragraph (2) shall be used by each |
11 |
| organization licensee to improve, maintain, market, |
12 |
| and otherwise operate its racing facilities to conduct |
13 |
| live racing, which shall include backstretch services |
14 |
| and capital improvements related to live racing and the |
15 |
| backstretch. Any organization licensees sharing common |
16 |
| ownership may pool the moneys received and spent at all |
17 |
| racing facilities commonly owned in order to meet these |
18 |
| requirements.
|
19 |
| If any person identified in this paragraph (2) becomes
|
20 |
| ineligible to receive moneys from the Fund, such amount |
21 |
| shall be redistributed
among the remaining persons in |
22 |
| proportion to their percentages otherwise
calculated.
|
23 |
| (c) The Board shall monitor organization licensees to |
24 |
| ensure that moneys paid to organization licensees under this |
25 |
| Section are distributed by the organization licensees as |
26 |
| provided in subsection (b).
|
|
|
|
09500SB0011sam001 |
- 111 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| (d) This Section is repealed 2 years after the effective |
2 |
| date of this amendatory Act of the 94th General Assembly.
|
3 |
| (Source: P.A. 94-804, eff. 5-26-06.) |
4 |
| (230 ILCS 5/56 new) |
5 |
| Sec. 56. Electronic poker. |
6 |
| (a) An organization licensee may apply to the Illinois |
7 |
| Gaming Board for authorization to conduct electronic poker at |
8 |
| its wagering facilities, including inter-track wagering |
9 |
| facilities. The authorization that the Illinois Gaming Board |
10 |
| issues to the organization licensee shall specify the number of |
11 |
| electronic poker positions the organization licensee may |
12 |
| operate. |
13 |
| (b) The adjusted gross receipts an organization licensee |
14 |
| receives from electronic poker is subject to the wagering tax |
15 |
| imposed under subsection (a-3) of Section 13 of the Riverboat |
16 |
| Gambling Act.
|
17 |
| Section 45. The Riverboat Gambling Act is amended by |
18 |
| changing Sections 1, 2, 3, 4,
5, 6, 7.1, 7.3, 8, 9, 11, 11.1, |
19 |
| 12, 13, 14, 18, 19, and 20, by reenacting and changing Sections |
20 |
| 7 and 23, and by adding Sections 5.2, 7.6, and 7.7 as follows:
|
21 |
| (230 ILCS 10/1) (from Ch. 120, par. 2401)
|
22 |
| Sec. 1. Short title. This Act shall be known and may be |
23 |
| cited as the
Riverboat and Casino Gambling Act.
|
|
|
|
09500SB0011sam001 |
- 112 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| (Source: P.A. 86-1029.)
|
2 |
| (230 ILCS 10/2) (from Ch. 120, par. 2402)
|
3 |
| Sec. 2. Legislative Intent.
|
4 |
| (a) This Act is intended to benefit the
people of the State |
5 |
| of Illinois
by assisting economic development and promoting |
6 |
| Illinois tourism
and by increasing the amount of revenues |
7 |
| available to the State to assist and
support education.
|
8 |
| (b) While authorization of riverboat and casino gambling |
9 |
| will enhance investment,
development and tourism in Illinois, |
10 |
| it is recognized that it will do so
successfully only if public |
11 |
| confidence and trust in the credibility and
integrity of the |
12 |
| gambling operations and the regulatory process is
maintained. |
13 |
| Therefore, regulatory provisions of this Act are designed to
|
14 |
| strictly regulate the facilities, persons, associations and |
15 |
| practices
related to gambling operations pursuant to the police |
16 |
| powers of the State,
including comprehensive law enforcement |
17 |
| supervision.
|
18 |
| (c) The Illinois Gaming Board established under this Act |
19 |
| should, as soon
as possible, inform each applicant for an |
20 |
| owners license of the Board's
intent to grant or deny a |
21 |
| license.
|
22 |
| (Source: P.A. 93-28, eff. 6-20-03.)
|
23 |
| (230 ILCS 10/3)
(from Ch. 120, par. 2403)
|
24 |
| Sec. 3. Riverboat Gambling Authorized.
|
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
|
|
1 |
| (a) Riverboat and casino gambling
operations
and |
2 |
| electronic poker
and the system of wagering
incorporated |
3 |
| therein , as defined in this Act, are hereby authorized to the
|
4 |
| extent that they are carried out in accordance with the |
5 |
| provisions of this
Act.
|
6 |
| (b) This Act does not apply to the pari-mutuel system of |
7 |
| wagering used
or intended to be used in connection with the |
8 |
| horse-race meetings as
authorized under the Illinois Horse |
9 |
| Racing Act of 1975, lottery games
authorized under the Illinois |
10 |
| Lottery Law, bingo authorized under the Bingo
License and Tax |
11 |
| Act, charitable games authorized under the Charitable Games
Act |
12 |
| or pull tabs and jar games conducted under the Illinois Pull |
13 |
| Tabs and Jar
Games Act.
This Act does apply to electronic poker |
14 |
| authorized under the Illinois Horse Racing Act of 1975 to the |
15 |
| extent provided in that Act and in this Act.
|
16 |
| (c) Riverboat gambling conducted pursuant to this Act may |
17 |
| be authorized
upon any water within the State of Illinois or |
18 |
| any
water other than Lake Michigan which constitutes a boundary |
19 |
| of the State
of Illinois.
Notwithstanding any provision in this |
20 |
| subsection (c) to the contrary, a
licensee that receives its |
21 |
| license pursuant to subsection (e-5) of Section 7
authorizing |
22 |
| its holder to conduct riverboat gambling from a home dock in |
23 |
| any county North of Cook County may
conduct riverboat gambling |
24 |
| on Lake Michigan from a home dock located on Lake
Michigan.
|
25 |
| Notwithstanding any provision in this subsection (c) to the |
26 |
| contrary, a
licensee may conduct gambling at its home dock |
|
|
|
09500SB0011sam001 |
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|
|
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| facility as provided in Sections
7 and 11.
A licensee may |
2 |
| conduct riverboat gambling authorized under this Act
|
3 |
| regardless of whether it conducts excursion cruises. A licensee |
4 |
| may permit
the continuous ingress and egress of passengers for |
5 |
| the purpose of
gambling.
|
6 |
| (Source: P.A. 91-40, eff. 6-25-99.)
|
7 |
| (230 ILCS 10/4) (from Ch. 120, par. 2404)
|
8 |
| Sec. 4. Definitions. As used in this Act:
|
9 |
| (a) "Board" means the Illinois Gaming Board.
|
10 |
| "Casino" means a land-based facility located within a |
11 |
| municipality with a population of more than 500,000 inhabitants |
12 |
| at which lawful gambling is authorized and licensed as provided |
13 |
| in this Act. "Casino" includes any temporary land-based or |
14 |
| river-based facility at which lawful gambling is authorized and |
15 |
| licensed as provided in this Act. "Casino" does not include any |
16 |
| ancillary facilities such as hotels, restaurants, retail |
17 |
| facilities, conference rooms, parking areas, entertainment |
18 |
| venues, or other facilities at which gambling operations are |
19 |
| not conducted.
|
20 |
| (b) "Occupational license" means a license issued by the |
21 |
| Board to a
person or entity to perform an occupation which the |
22 |
| Board has identified as
requiring a license to engage in |
23 |
| riverboat or casino gambling in Illinois.
|
24 |
| (c) "Gambling game" includes, but is not limited to, |
25 |
| baccarat,
twenty-one, poker, electronic poker, craps, slot |
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
|
|
1 |
| machine, video game of chance, roulette
wheel, klondike table, |
2 |
| punchboard, faro layout, keno layout, numbers
ticket, push |
3 |
| card, jar ticket, or pull tab which is authorized by the Board
|
4 |
| as a wagering device under this Act.
|
5 |
| (d) "Riverboat" means a self-propelled excursion boat, a
|
6 |
| permanently moored barge, or permanently moored barges that are |
7 |
| permanently
fixed together to operate as one vessel, on which |
8 |
| lawful gambling is
authorized and licensed as
provided in this |
9 |
| Act.
|
10 |
| (e) "Managers license" means a license issued by the Board |
11 |
| to a person or
entity
to manage gambling operations conducted |
12 |
| by the State pursuant to Section 7.3
7.2 .
|
13 |
| (f) "Dock" means the location where a riverboat moors for |
14 |
| the purpose of
embarking passengers for and disembarking |
15 |
| passengers from the riverboat.
|
16 |
| (g) " Whole gaming
Gross receipts" means the total amount of |
17 |
| money exchanged for the
purchase of chips, tokens or electronic |
18 |
| cards by riverboat or casino patrons or electronic poker |
19 |
| patrons .
|
20 |
| (h) " Gross gaming
Adjusted gross receipts" means the whole |
21 |
| gaming
gross receipts less
winnings paid to wagerers.
|
22 |
| (i) "Cheat" means to alter the selection of criteria which |
23 |
| determine the
result of a gambling game or the amount or |
24 |
| frequency of payment in a gambling
game.
|
25 |
| (j) "Department" means the Department of Revenue.
|
26 |
| (k) "Gambling operation" means the conduct of authorized
|
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
|
|
1 |
| gambling games
authorized under this Act upon a riverboat or in |
2 |
| a casino or authorized under this Act and the Illinois Horse |
3 |
| Racing Act of 1975 at a wagering facility .
|
4 |
| (l) "License bid" means the lump sum amount of money that |
5 |
| an applicant
bids and agrees to pay the State in return for an |
6 |
| owners license that is
re-issued on or after July 1, 2003.
|
7 |
| (m) The terms "minority person" and "female" shall have the |
8 |
| same meaning
as
defined in
Section 2 of the Business Enterprise |
9 |
| for Minorities, Females, and Persons with
Disabilities Act.
|
10 |
| "Owners license" means a license to conduct riverboat |
11 |
| gambling operations or casino gambling operations. |
12 |
| "Licensed owner" means a person who holds an owners |
13 |
| license. |
14 |
| "Electronic poker" means poker by use of electronic aids, |
15 |
| including via the Internet or by other electronic means. |
16 |
| "Electronic poker" does not include slot machines.
|
17 |
| "Organization licensee" means an entity authorized by the |
18 |
| Illinois Racing Board to conduct pari-mutuel wagering in |
19 |
| accordance with the Illinois Horse Racing Act of 1975.
|
20 |
|
|
21 |
| (Source: P.A. 92-600, eff. 6-28-02; 93-28, eff. 6-20-03; |
22 |
| revised 1-28-04.)
|
23 |
| (230 ILCS 10/5)
(from Ch. 120, par. 2405)
|
24 |
| Sec. 5. Gaming Board.
|
25 |
| (a) (1) There is hereby established within the Department |
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
|
|
1 |
| of Revenue an
Illinois Gaming Board which shall have the powers |
2 |
| and duties specified in
this Act, and all other powers |
3 |
| necessary and proper to fully and
effectively execute this Act |
4 |
| for the purpose of administering, regulating,
and enforcing the |
5 |
| system of riverboat and casino gambling established by this |
6 |
| Act. Its
jurisdiction shall extend under this Act to every |
7 |
| person, association,
corporation, partnership and trust |
8 |
| involved in riverboat and casino gambling
operations in the |
9 |
| State of Illinois.
|
10 |
| (2) The Board shall consist of 5 members to be appointed by |
11 |
| the Governor
with the advice and consent of the Senate, one of |
12 |
| whom shall be designated
by the Governor to be chairperson
|
13 |
| chairman . Each member shall have a reasonable
knowledge of the |
14 |
| practice, procedure and principles of gambling operations.
|
15 |
| Each member shall either be a resident of Illinois or shall |
16 |
| certify that he or she
will become a resident of Illinois |
17 |
| before taking office. At least one member
shall be experienced |
18 |
| in law enforcement and criminal investigation, at
least one |
19 |
| member shall be a certified public accountant experienced in
|
20 |
| accounting and auditing, and at least one member shall be a |
21 |
| lawyer licensed
to practice law in Illinois.
|
22 |
| (3) The terms of office of the Board members shall be 3 |
23 |
| years, except
that the terms of office of the initial Board |
24 |
| members appointed pursuant to
this Act will commence from the |
25 |
| effective date of this Act and run as
follows: one for a term |
26 |
| ending July 1, 1991, 2 for a term ending July 1,
1992, and 2 for |
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
|
|
1 |
| a term ending July 1, 1993. Upon the expiration of the
|
2 |
| foregoing terms, the successors of such members shall serve a |
3 |
| term for 3
years and until their successors are appointed and |
4 |
| qualified for like terms.
Vacancies in the Board shall be |
5 |
| filled for the unexpired term in like
manner as original |
6 |
| appointments. Each member of the Board shall be
eligible for |
7 |
| reappointment at the discretion of the Governor with the
advice |
8 |
| and consent of the Senate.
|
9 |
| (4) Each member of the Board shall receive $300 for each |
10 |
| day the
Board meets and for each day the member conducts any |
11 |
| hearing pursuant to
this Act. Each member of the Board shall |
12 |
| also be reimbursed for all actual
and necessary expenses and |
13 |
| disbursements incurred in the execution of official
duties.
|
14 |
| (5) No person shall be appointed a member of the Board or |
15 |
| continue to be
a member of the Board who is, or whose spouse, |
16 |
| child or parent is, a member
of the board of directors of, or a |
17 |
| person financially interested in, any
gambling operation |
18 |
| subject to the jurisdiction of this Board, or any race
track, |
19 |
| race meeting, racing association or the operations thereof |
20 |
| subject
to the jurisdiction of the Illinois Racing Board. No |
21 |
| Board member shall
hold any other public office for which he |
22 |
| shall receive compensation other
than necessary travel or other |
23 |
| incidental expenses. No person shall be a
member of the Board |
24 |
| who is not of good moral character or who has been
convicted |
25 |
| of, or is under indictment for, a felony under the laws of
|
26 |
| Illinois or any other state, or the United States.
|
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
|
|
1 |
| (6) Any member of the Board may be removed by the Governor |
2 |
| for neglect
of duty, misfeasance, malfeasance, or nonfeasance |
3 |
| in office.
|
4 |
| (7) Before entering upon the discharge of the duties of his |
5 |
| office, each
member of the Board shall take an oath that he |
6 |
| will faithfully execute the
duties of his office according to |
7 |
| the laws of the State and the rules and
regulations adopted |
8 |
| therewith and shall give bond to the State of Illinois,
|
9 |
| approved by the Governor, in the sum of $25,000. Every such |
10 |
| bond, when
duly executed and approved, shall be recorded in the |
11 |
| office of the
Secretary of State. Whenever the Governor |
12 |
| determines that the bond of any
member of the Board has become |
13 |
| or is likely to become invalid or
insufficient, he shall |
14 |
| require such member forthwith to renew his bond,
which is to be |
15 |
| approved by the Governor. Any member of the Board who fails
to |
16 |
| take oath and give bond within 30 days from the date of his |
17 |
| appointment,
or who fails to renew his bond within 30 days |
18 |
| after it is demanded by the
Governor, shall be guilty of |
19 |
| neglect of duty and may be removed by the
Governor. The cost of |
20 |
| any bond given by any member of the Board under this
Section |
21 |
| shall be taken to be a part of the necessary expenses of the |
22 |
| Board.
|
23 |
| (8) Upon the request of the Board, the Department shall |
24 |
| employ such
personnel as may be necessary to carry out the |
25 |
| functions of the Board. No
person shall be employed to serve |
26 |
| the Board who is, or whose spouse, parent
or child is, an |
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
|
|
1 |
| official of, or has a financial interest in or financial
|
2 |
| relation with, any operator engaged in gambling operations |
3 |
| within this
State or any organization engaged in conducting |
4 |
| horse racing within this
State. Any employee violating these |
5 |
| prohibitions shall be subject to
termination of employment.
|
6 |
| (9) An Administrator shall perform any and all duties that |
7 |
| the Board
shall assign him. The salary of the Administrator |
8 |
| shall be determined by
the Board and approved by the Director |
9 |
| of the Department and, in addition,
he shall be reimbursed for |
10 |
| all actual and necessary expenses incurred by
him in discharge |
11 |
| of his official duties. The Administrator shall keep
records of |
12 |
| all proceedings of the Board and shall preserve all records,
|
13 |
| books, documents and other papers belonging to the Board or |
14 |
| entrusted to
its care. The Administrator shall devote his full |
15 |
| time to the duties of
the office and shall not hold any other |
16 |
| office or employment.
|
17 |
| (b) The Board shall have general responsibility for the |
18 |
| implementation
of this Act. Its duties include, without |
19 |
| limitation, the following:
|
20 |
| (1) To decide promptly and in reasonable order all |
21 |
| license applications.
Any party aggrieved by an action of |
22 |
| the Board denying, suspending,
revoking, restricting or |
23 |
| refusing to renew a license may request a hearing
before |
24 |
| the Board. A request for a hearing must be made to the |
25 |
| Board in
writing within 5 days after service of notice of |
26 |
| the action of the Board.
Notice of the action of the Board |
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
|
|
1 |
| shall be served either by personal
delivery or by certified |
2 |
| mail, postage prepaid, to the aggrieved party.
Notice |
3 |
| served by certified mail shall be deemed complete on the |
4 |
| business
day following the date of such mailing. The Board |
5 |
| shall conduct all
requested hearings promptly and in |
6 |
| reasonable order;
|
7 |
| (2) To conduct all hearings pertaining to civil |
8 |
| violations of this Act
or rules and regulations promulgated |
9 |
| hereunder;
|
10 |
| (3) To promulgate such rules and regulations as in its |
11 |
| judgment may be
necessary to protect or enhance the |
12 |
| credibility and integrity of gambling
operations |
13 |
| authorized by this Act and the regulatory process |
14 |
| hereunder;
|
15 |
| (4) To provide for the establishment and collection of |
16 |
| all license and
registration fees and taxes imposed by this |
17 |
| Act and the rules and
regulations issued pursuant hereto. |
18 |
| All such fees and taxes shall be
deposited into the State |
19 |
| Gaming Fund;
|
20 |
| (5) To provide for the levy and collection of penalties |
21 |
| and fines for the
violation of provisions of this Act and |
22 |
| the rules and regulations
promulgated hereunder. All such |
23 |
| fines and penalties shall be deposited
into the Education |
24 |
| Assistance Fund, created by Public Act 86-0018, of the
|
25 |
| State of Illinois;
|
26 |
| (6) To be present through its inspectors and agents any |
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
|
|
1 |
| time gambling
operations are conducted on any riverboat or |
2 |
| in any casino or any time electronic poker is being |
3 |
| conducted at an organization licensee's wagering facility
|
4 |
| for the purpose of certifying the
revenue thereof, |
5 |
| receiving complaints from the public, and conducting such
|
6 |
| other investigations into the conduct of the gambling games |
7 |
| and the
maintenance of the equipment as from time to time |
8 |
| the Board may deem
necessary and proper;
|
9 |
| (7) To review and rule upon any complaint by a licensee
|
10 |
| regarding any investigative procedures of the State which |
11 |
| are unnecessarily
disruptive of gambling operations. The |
12 |
| need to inspect and investigate
shall be presumed at all |
13 |
| times. The disruption of a licensee's operations
shall be |
14 |
| proved by clear and convincing evidence, and establish |
15 |
| that: (A)
the procedures had no reasonable law enforcement |
16 |
| purposes, and (B) the
procedures were so disruptive as to |
17 |
| unreasonably inhibit gambling operations;
|
18 |
| (8) To hold at least one meeting each quarter of the |
19 |
| fiscal
year. In addition, special meetings may be called by |
20 |
| the chairperson
Chairman or any 2
Board members upon 72 |
21 |
| hours written notice to each member. All Board
meetings |
22 |
| shall be subject to the Open Meetings Act. Three members of |
23 |
| the
Board shall constitute a quorum, and 3 votes shall be |
24 |
| required for any
final determination by the Board. The |
25 |
| Board shall keep a complete and
accurate record of all its |
26 |
| meetings. A majority of the members of the Board
shall |
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
|
|
1 |
| constitute a quorum for the transaction of any business, |
2 |
| for the
performance of any duty, or for the exercise of any |
3 |
| power which this Act
requires the Board members to |
4 |
| transact, perform or exercise en banc, except
that, upon |
5 |
| order of the Board, one of the Board members or an
|
6 |
| administrative law judge designated by the Board may |
7 |
| conduct any hearing
provided for under this Act or by Board |
8 |
| rule and may recommend findings and
decisions to the Board. |
9 |
| The Board member or administrative law judge
conducting |
10 |
| such hearing shall have all powers and rights granted to |
11 |
| the
Board in this Act. The record made at the time of the |
12 |
| hearing shall be
reviewed by the Board, or a majority |
13 |
| thereof, and the findings and decision
of the majority of |
14 |
| the Board shall constitute the order of the Board in
such |
15 |
| case;
|
16 |
| (9) To maintain records which are separate and distinct |
17 |
| from the records
of any other State board or commission. |
18 |
| Such records shall be available
for public inspection and |
19 |
| shall accurately reflect all Board proceedings;
|
20 |
| (10) To file a written annual report with the Governor |
21 |
| on or before
March 1 each year and such additional reports |
22 |
| as the Governor may request.
The annual report shall |
23 |
| include a statement of receipts and disbursements
by the |
24 |
| Board, actions taken by the Board, and any additional |
25 |
| information
and recommendations which the Board may deem |
26 |
| valuable or which the Governor
may request;
|
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
|
|
1 |
| (11) (Blank); and
|
2 |
| (12) To assume responsibility for the administration |
3 |
| and
enforcement of the Bingo License and Tax Act, the |
4 |
| Charitable Games Act, and
the Pull Tabs and Jar Games Act |
5 |
| if such responsibility is delegated to it
by the Director |
6 |
| of Revenue ; and .
|
7 |
| (13) To assume responsibility for administration and |
8 |
| enforcement related to electronic poker at an |
9 |
| organizational licensee's wagering facilities.
|
10 |
| (c) The Board shall have jurisdiction over and shall |
11 |
| supervise all
gambling operations governed by this Act. The |
12 |
| Board shall have all powers
necessary and proper to fully and |
13 |
| effectively execute the provisions of
this Act, including, but |
14 |
| not limited to, the following:
|
15 |
| (1) To investigate applicants and determine the |
16 |
| eligibility of
applicants for licenses and to select among |
17 |
| competing applicants the
applicants which best serve the |
18 |
| interests of the citizens of Illinois.
|
19 |
| (2) To have jurisdiction and supervision over all |
20 |
| riverboat gambling
operations authorized under this Act
in |
21 |
| this State and all persons in
places
on riverboats where |
22 |
| gambling
operations are conducted.
|
23 |
| (3) To promulgate rules and regulations for the purpose |
24 |
| of administering
the provisions of this Act and to |
25 |
| prescribe rules, regulations and
conditions under which |
26 |
| all riverboat gambling operations subject to this
Act
in |
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
|
|
1 |
| the State shall be
conducted. Such rules and regulations |
2 |
| are to provide for the prevention of
practices detrimental |
3 |
| to the public interest and for the best interests of
|
4 |
| riverboat gambling, including rules and regulations |
5 |
| regarding the
inspection of
such riverboats , casinos, and |
6 |
| facilities at which electronic poker is conducted and the
|
7 |
| review of any permits or licenses
necessary to operate a |
8 |
| riverboat , casino, or wagering facility under any laws or |
9 |
| regulations applicable
to riverboats , casinos, or wagering |
10 |
| facilities , and to impose penalties for violations |
11 |
| thereof.
|
12 |
| (4) To enter the office, riverboats, casinos, and
other
|
13 |
| facilities , or other
places of business of an owners
a
|
14 |
| licensee or an organization licensee , where evidence of the |
15 |
| compliance or
noncompliance with the provisions of this Act |
16 |
| is likely to be found.
|
17 |
| (5) To investigate alleged violations of this Act or |
18 |
| the
rules of the Board and to take appropriate disciplinary
|
19 |
| action against a licensee or a holder of an occupational |
20 |
| license for a
violation, or institute appropriate legal |
21 |
| action for enforcement, or both.
|
22 |
| (6) To adopt standards for the licensing of all persons |
23 |
| under this Act,
as well as for electronic or mechanical |
24 |
| gambling games, and to establish
fees for such licenses.
|
25 |
| (7) To adopt appropriate standards for all
riverboats , |
26 |
| casinos,
and other facilities authorized under this Act and |
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
|
|
1 |
| the conduct of electronic poker as authorized under this |
2 |
| Act .
|
3 |
| (8) To require that the records, including financial or |
4 |
| other statements
of any licensee under this Act, shall be |
5 |
| kept in such manner as prescribed
by the Board and that any |
6 |
| such licensee involved in the ownership or
management of |
7 |
| gambling operations submit to the Board an annual balance
|
8 |
| sheet and profit and loss statement, list of the |
9 |
| stockholders or other
persons having a 1% or greater |
10 |
| beneficial interest in the gambling
activities of each |
11 |
| licensee, and any other information the Board deems
|
12 |
| necessary in order to effectively administer this Act and |
13 |
| all rules,
regulations, orders and final decisions |
14 |
| promulgated under this Act.
|
15 |
| (9) To conduct hearings, issue subpoenas for the |
16 |
| attendance of
witnesses and subpoenas duces tecum for the |
17 |
| production of books, records
and other pertinent documents |
18 |
| in accordance with the Illinois
Administrative Procedure |
19 |
| Act, and to administer oaths and affirmations to
the |
20 |
| witnesses, when, in the judgment of the Board, it is |
21 |
| necessary to
administer or enforce this Act or the Board |
22 |
| rules.
|
23 |
| (10) To prescribe a form to be used by any licensee |
24 |
| involved in the
ownership or management of gambling |
25 |
| operations as an
application for employment for their |
26 |
| employees.
|
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
|
|
1 |
| (11) To revoke or suspend licenses, as the Board may |
2 |
| see fit and in
compliance with applicable laws of the State |
3 |
| regarding administrative
procedures, and to review |
4 |
| applications for the renewal of licenses. The
Board may |
5 |
| suspend an owners license, without
notice or hearing , upon |
6 |
| a
determination that the safety or health of patrons or |
7 |
| employees is
jeopardized by continuing a gambling |
8 |
| operation conducted under that license
a riverboat's |
9 |
| operation . The suspension may
remain in effect until the |
10 |
| Board determines that the cause for suspension
has been |
11 |
| abated. The Board may revoke the owners license upon a
|
12 |
| determination that the licensee
owner has not made |
13 |
| satisfactory
progress toward
abating the hazard.
|
14 |
| (11.5) To revoke or suspend an organization licensee's |
15 |
| authorization to conduct electronic poker at one or more of |
16 |
| its wagering facilities, as the Board may see fit and in
|
17 |
| compliance with applicable laws of the State regarding |
18 |
| administrative
procedures. The suspension may
remain in |
19 |
| effect until the Board determines that the cause for |
20 |
| suspension
has been abated. The Board may revoke the |
21 |
| organization licensee's authorization to conduct |
22 |
| electronic poker at one or more of its wagering facilities |
23 |
| upon a
determination that the licensee has not made |
24 |
| satisfactory progress toward
abating the hazard.
|
25 |
| (12) To eject or exclude or authorize the ejection or |
26 |
| exclusion of, any
person from riverboat gambling |
|
|
|
09500SB0011sam001 |
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|
1 |
| facilities or wagering facilities at which electronic |
2 |
| poker is conducted where that
such person is
in violation
|
3 |
| of this Act, rules and regulations thereunder, or final |
4 |
| orders of the
Board, or where such person's conduct or |
5 |
| reputation is such that his or her
presence within the |
6 |
| riverboat gambling facilities may, in the opinion of
the |
7 |
| Board, call into question the honesty and integrity of the |
8 |
| gambling
operations or interfere with the orderly conduct |
9 |
| thereof; provided that the
propriety of such ejection or |
10 |
| exclusion is subject to subsequent hearing
by the Board.
|
11 |
| (13) To require all licensees of gambling operations to |
12 |
| utilize a
cashless wagering system whereby all players' |
13 |
| money is converted to tokens,
electronic cards, or chips |
14 |
| which shall be used only for wagering in the
gambling |
15 |
| establishment.
|
16 |
| (14) (Blank).
|
17 |
| (15) To suspend, revoke or restrict licenses, to |
18 |
| require the
removal of a licensee or an employee of a |
19 |
| licensee for a violation of this
Act or a Board rule or for |
20 |
| engaging in a fraudulent practice, and to
impose civil |
21 |
| penalties of up to $5,000 against individuals and up to
|
22 |
| $10,000 or an amount equal to the daily whole gaming
gross
|
23 |
| receipts, whichever is
larger, against licensees for each |
24 |
| violation of any provision of the Act,
any rules adopted by |
25 |
| the Board, any order of the Board or any other action
|
26 |
| which, in the Board's discretion, is a detriment or |
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
|
|
1 |
| impediment to riverboat
gambling operations.
|
2 |
| (16) To hire employees to gather information, conduct |
3 |
| investigations
and carry out any other tasks contemplated |
4 |
| under this Act.
|
5 |
| (17) To establish minimum levels of insurance to be |
6 |
| maintained by
licensees.
|
7 |
| (18) To authorize a licensee to sell or serve alcoholic |
8 |
| liquors, wine or
beer as defined in the Liquor Control Act |
9 |
| of 1934 on board a riverboat or in a casino
and to have |
10 |
| exclusive authority to establish the hours for sale and
|
11 |
| consumption of alcoholic liquor on board a riverboat or in |
12 |
| a casino , notwithstanding any
provision of the Liquor |
13 |
| Control Act of 1934 or any local ordinance, and
regardless |
14 |
| of whether the riverboat or in a casino makes excursions. |
15 |
| The
establishment of the hours for sale and consumption of |
16 |
| alcoholic liquor on
board a riverboat or in a casino is an |
17 |
| exclusive power and function of the State. A home
rule unit |
18 |
| may not establish the hours for sale and consumption of |
19 |
| alcoholic
liquor on board a riverboat or in a casino . This |
20 |
| subdivision (18)
amendatory Act of
1991 is a denial and
|
21 |
| limitation of home rule powers and functions under |
22 |
| subsection (h) of
Section 6 of Article VII of the Illinois |
23 |
| Constitution.
|
24 |
| (19) After consultation with the U.S. Army Corps of |
25 |
| Engineers, to
establish binding emergency orders upon the |
26 |
| concurrence of a majority of
the members of the Board |
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
|
|
1 |
| regarding the navigability of water, relative to
|
2 |
| excursions,
in the event
of extreme weather conditions, |
3 |
| acts of God or other extreme circumstances.
|
4 |
| (20) To delegate the execution of any of its powers |
5 |
| under this Act for
the purpose of administering and |
6 |
| enforcing this Act and its rules and
regulations hereunder.
|
7 |
| (21) To make rules concerning the conduct of electronic |
8 |
| poker.
|
9 |
| (22)
(21) To take any other action as may be reasonable |
10 |
| or
appropriate to
enforce this Act and rules and |
11 |
| regulations hereunder.
|
12 |
| (d) The Board may seek and shall receive the cooperation of |
13 |
| the
Department of State Police in conducting background |
14 |
| investigations of
applicants and in fulfilling its |
15 |
| responsibilities under
this Section. Costs incurred by the |
16 |
| Department of State Police as
a result of such cooperation |
17 |
| shall be paid by the Board in conformance
with the requirements |
18 |
| of Section 2605-400 of the Department of State Police Law
(20 |
19 |
| ILCS 2605/2605-400).
|
20 |
| (e) The Board must authorize to each investigator and to |
21 |
| any other
employee of the Board exercising the powers of a |
22 |
| peace officer a distinct badge
that, on its face, (i) clearly |
23 |
| states that the badge is authorized by the Board
and
(ii) |
24 |
| contains a unique identifying number. No other badge shall be |
25 |
| authorized
by the Board.
|
26 |
| (Source: P.A. 91-40, eff. 1-1-00; 91-239, eff. 1-1-00; 91-883, |
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
|
|
1 |
| eff.
1-1-01.)
|
2 |
| (230 ILCS 10/5.2 new)
|
3 |
| Sec. 5.2. Enforcement and investigations. Notwithstanding |
4 |
| any provision in this Act to the contrary, all duties related |
5 |
| to investigations under this Act and the enforcement of this |
6 |
| Act shall be divided equally between employees of the |
7 |
| Department of State Police and investigators employed by the |
8 |
| Department of Revenue.
|
9 |
| (230 ILCS 10/6) (from Ch. 120, par. 2406)
|
10 |
| Sec. 6. Application for Owners License.
|
11 |
| (a) A qualified person may
apply to the Board for an owners |
12 |
| license to
conduct a riverboat gambling operation as provided |
13 |
| in this Act. The
application shall be made on forms provided by |
14 |
| the Board and shall contain
such information as the Board |
15 |
| prescribes, including but not limited to the
identity of the |
16 |
| riverboat on which such gambling operation is to be
conducted |
17 |
| and the exact location where such riverboat will be docked, a
|
18 |
| certification that the riverboat will be registered under this |
19 |
| Act at all
times during which gambling operations are conducted |
20 |
| on board, detailed
information regarding the ownership and |
21 |
| management of the applicant, and
detailed personal information |
22 |
| regarding the applicant. Any application for an
owners license |
23 |
| to be re-issued on or after June 1, 2003 shall also
include the |
24 |
| applicant's license bid in a form prescribed by the Board.
|
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
|
|
1 |
| Information
provided on the application shall be used as a |
2 |
| basis for a thorough
background investigation which the Board |
3 |
| shall conduct with respect to each
applicant. An incomplete |
4 |
| application shall be cause for denial of a license
by the |
5 |
| Board.
|
6 |
| (a-5) In addition to any other information required under |
7 |
| this Section, each application for an owners license must |
8 |
| include the following information: |
9 |
| (1) The history and success of the applicant and each |
10 |
| person and entity disclosed under subsection (c) of this |
11 |
| Section in developing tourism facilities ancillary to |
12 |
| gaming, if applicable. |
13 |
| (2) The likelihood that granting a license to the |
14 |
| applicant will lead to the creation of quality, living wage |
15 |
| jobs and permanent, full-time jobs for residents of the |
16 |
| State and residents of the unit of local government that is |
17 |
| designated as the home dock of the proposed facility where |
18 |
| gambling is to be conducted by the applicant. |
19 |
| (3) The projected number of jobs that would be created |
20 |
| if the license is granted and the projected number of new |
21 |
| employees at the proposed facility where gambling is to be |
22 |
| conducted by the applicant. |
23 |
| (4) The record of the applicant and its developer in |
24 |
| meeting commitments to local agencies, community-based |
25 |
| organizations, and employees at other locations where the |
26 |
| applicant or its developer has performed similar functions |
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
|
|
1 |
| as they would perform if the applicant were granted a |
2 |
| license. |
3 |
| (5) Identification of adverse effects that might be |
4 |
| caused by the proposed facility where gambling is to be |
5 |
| conducted by the applicant, including the costs of meeting |
6 |
| increased demand for public health care, child care, public |
7 |
| transportation, affordable housing, and social services, |
8 |
| and a plan to mitigate those adverse effects. |
9 |
| (6) The record of the applicant and its developer |
10 |
| regarding compliance with: |
11 |
| (A) Federal, State, and local discrimination, wage |
12 |
| and hour, disability, and occupational and |
13 |
| environmental health and safety laws. |
14 |
| (B) State and local labor relations and employment |
15 |
| laws. |
16 |
| (7) The applicant's record in dealing with its |
17 |
| employees and their representatives at other locations.
|
18 |
| (b) Applicants shall submit with their application all |
19 |
| documents,
resolutions, and letters of support from the |
20 |
| governing body that represents
the municipality or county |
21 |
| wherein the licensee will dock. A governing body providing |
22 |
| documents, resolutions, or letters of support for an applicant |
23 |
| for a license authorized under subsection (e-6) or item (1) of |
24 |
| subsection (e-5) of Section 7 must also issue similar items of |
25 |
| support for no less than 2 other applicants.
|
26 |
| (c) Each applicant shall disclose the identity of every |
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
|
|
1 |
| person,
association, trust or corporation having a greater than |
2 |
| 1% direct or
indirect pecuniary interest in the riverboat |
3 |
| gambling operation with
respect to which the license is sought. |
4 |
| If the disclosed entity is a
trust, the application shall |
5 |
| disclose the names and addresses of the
beneficiaries; if a |
6 |
| corporation, the names and
addresses of all stockholders and |
7 |
| directors; if a partnership, the names
and addresses of all |
8 |
| partners, both general and limited.
|
9 |
| (d) An application shall be filed with the Board by January |
10 |
| 1 of the
year preceding any calendar year for which an |
11 |
| applicant seeks an owners
license; however, applications for an |
12 |
| owners license permitting
operations on January 1, 1991 shall |
13 |
| be filed by July 1, 1990. An
application fee of $50,000 shall |
14 |
| be paid at the time of filing
to defray the costs associated |
15 |
| with the
background investigation conducted by the Board. If |
16 |
| the costs of the
investigation exceed $50,000, the applicant |
17 |
| shall pay the additional amount
to the Board. If the costs of |
18 |
| the investigation are less than $50,000, the
applicant shall |
19 |
| receive a refund of the remaining amount. All
information, |
20 |
| records, interviews, reports, statements, memoranda or other
|
21 |
| data supplied to or used by the Board in the course of its |
22 |
| review or
investigation of an application for a license under |
23 |
| this Act shall be
privileged, strictly confidential and shall |
24 |
| be used only for the purpose of
evaluating an applicant. Such |
25 |
| information, records, interviews, reports,
statements, |
26 |
| memoranda or other data shall not be admissible as evidence,
|
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
|
|
1 |
| nor discoverable in any action of any kind in any court or |
2 |
| before any
tribunal, board, agency or person, except for any |
3 |
| action deemed necessary
by the Board.
|
4 |
| (e) The Board shall charge each applicant a fee set by the |
5 |
| Department of
State Police to defray the costs associated with |
6 |
| the search and
classification of fingerprints obtained by the |
7 |
| Board with respect to the
applicant's application. These fees |
8 |
| shall be paid into the State Police
Services Fund.
|
9 |
| (f) The licensed owner shall be the person primarily |
10 |
| responsible for the
boat itself. Only one riverboat gambling |
11 |
| operation may be authorized
by the Board on any riverboat. The |
12 |
| applicant must identify each riverboat
it intends to use and |
13 |
| certify that the riverboat: (1) has the authorized
capacity |
14 |
| required in this Act; (2) is accessible to disabled persons; |
15 |
| and
(3) is fully registered and licensed in accordance
with any |
16 |
| applicable laws.
|
17 |
| (g) A person who knowingly makes a false statement on an |
18 |
| application is
guilty of a Class A misdemeanor.
|
19 |
| (Source: P.A. 93-28, eff. 6-20-03.)
|
20 |
| (230 ILCS 10/7) (from Ch. 120, par. 2407)
|
21 |
| Sec. 7. Owners Licenses.
|
22 |
| (a) The Board shall issue owners licenses to persons, firms |
23 |
| or
corporations which apply for such licenses upon payment to |
24 |
| the Board of the
non-refundable license fee set by the Board, |
25 |
| upon payment of a $25,000
license fee for the first year of |
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
|
|
1 |
| operation and a $5,000 license fee for
each succeeding year and |
2 |
| upon a determination by the Board that the
applicant is |
3 |
| eligible for an owners license pursuant to this Act and the
|
4 |
| rules of the Board. From May 26, 2006 ( For a period of 2 years |
5 |
| beginning on the effective date of Public Act 94-804) until the |
6 |
| effective date of this amendatory Act of the 95th General |
7 |
| Assembly
this amendatory Act of the 94th General Assembly , as a |
8 |
| condition of licensure and as an alternative source of payment |
9 |
| for those funds payable under subsection (c-5) of Section 13 of |
10 |
| the Riverboat and Casino Gambling Act, any owners licensee that |
11 |
| holds or receives its owners license on or after the effective |
12 |
| date of this amendatory Act of the 94th General Assembly, other |
13 |
| than an owners licensee operating a riverboat with adjusted |
14 |
| gross receipts in calendar year 2004 of less than $200,000,000, |
15 |
| must pay into the Horse Racing Equity Trust Fund, in addition |
16 |
| to any other payments required under this Act, an amount equal |
17 |
| to 3% of the adjusted gross receipts received by the owners |
18 |
| licensee. Beginning on the effective date of this amendatory |
19 |
| Act of the 95th General
Assembly, as a condition of licensure |
20 |
| and as an alternative source of payment for those funds payable |
21 |
| under subsection (c-5) of Section 13, any owners licensee that |
22 |
| holds or receives its owners license on or after the effective |
23 |
| date of this amendatory Act of the 95th General Assembly must |
24 |
| pay into the Horse Racing Equity Trust Fund, in addition to any |
25 |
| other payments required under this Act, based on the adjusted |
26 |
| gross receipts received by a licensed owner from gambling games |
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
|
|
1 |
| authorized under this Act, an amount based on the following |
2 |
| rates: |
3 |
| 0.5% of annual gross gaming receipts up to and |
4 |
| including $50,000,000; |
5 |
| 1% of annual gross gaming receipts in excess of |
6 |
| $50,000,000 but not exceeding $100,000,000; |
7 |
| 1.5% of annual gross gaming receipts in excess of |
8 |
| $100,000,000 but not exceeding $200,000,000; |
9 |
| 2.5% of annual gross gaming receipts in excess of |
10 |
| $200,000,000 but not exceeding $300,000,000; |
11 |
| 3% of annual gross gaming receipts in excess of |
12 |
| $300,000,000.
|
13 |
| The payments required under this Section shall be made by |
14 |
| the owners licensee to the State Treasurer no later than 3:00 |
15 |
| o'clock p.m. of the day after the day when the adjusted gross |
16 |
| receipts were received by the owners licensee. A person, firm |
17 |
| or corporation is ineligible to receive
an owners license if:
|
18 |
| (1) the person has been convicted of a felony under the |
19 |
| laws of this
State, any other state, or the United States;
|
20 |
| (2) the person has been convicted of any violation of |
21 |
| Article 28 of the
Criminal Code of 1961, or substantially |
22 |
| similar laws of any other jurisdiction;
|
23 |
| (3) the person has submitted an application for a |
24 |
| license under this
Act which contains false information;
|
25 |
| (4) the person is
a member of the Board;
|
26 |
| (5) a person defined in (1), (2), (3) or (4) is an |
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
|
|
1 |
| officer, director or
managerial employee of the firm or |
2 |
| corporation;
|
3 |
| (6) the firm or corporation employs a person defined in |
4 |
| (1), (2), (3) or
(4) who participates in the management or |
5 |
| operation of gambling operations
authorized under this |
6 |
| Act;
|
7 |
| (7) (blank); or
|
8 |
| (8) a license of the person, firm or corporation issued |
9 |
| under
this Act, or a license to own or operate gambling |
10 |
| facilities
in any other jurisdiction, has been revoked.
|
11 |
| (b) In determining whether to grant an owners license to an |
12 |
| applicant, the
Board shall consider:
|
13 |
| (1) the character, reputation, experience and |
14 |
| financial integrity of the
applicants and of any other or |
15 |
| separate person that either:
|
16 |
| (A) controls, directly or indirectly, such |
17 |
| applicant, or
|
18 |
| (B) is controlled, directly or indirectly, by such |
19 |
| applicant or by a
person which controls, directly or |
20 |
| indirectly, such applicant;
|
21 |
| (2) the facilities or proposed facilities for the |
22 |
| conduct of riverboat
gambling;
|
23 |
| (3) the highest prospective total revenue to be derived |
24 |
| by the State
from the conduct of riverboat gambling;
|
25 |
| (4) the extent to which the ownership of the applicant |
26 |
| reflects the
diversity of the State by including minority |
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
|
|
1 |
| persons and females
and the good faith affirmative action |
2 |
| plan of
each applicant to recruit, train and upgrade |
3 |
| minority persons and females in all employment |
4 |
| classifications;
|
5 |
| (5) the financial ability of the applicant to purchase |
6 |
| and maintain
adequate liability and casualty insurance;
|
7 |
| (6) whether the applicant has adequate capitalization |
8 |
| to provide and
maintain, for the duration of a license, a |
9 |
| riverboat;
|
10 |
| (7) the extent to which the applicant exceeds or meets |
11 |
| other standards
for the issuance of an owners license which |
12 |
| the Board may adopt by rule;
and
|
13 |
| (8) The amount of the applicant's license bid.
|
14 |
| (c) Each owners license shall specify the place where |
15 |
| riverboats shall
operate and dock.
|
16 |
| (d) Each applicant shall submit with his application, on |
17 |
| forms
provided by the Board, 2 sets of his fingerprints.
|
18 |
| (e) In addition to the licenses authorized under |
19 |
| subsections (e-5) and (e-6), the
The Board may issue up to 10 |
20 |
| licenses authorizing the holders of such
licenses to own |
21 |
| riverboats. In the application for an owners license, the
|
22 |
| applicant shall state the dock at which the riverboat is based |
23 |
| and the water
on which the riverboat will be located. The Board |
24 |
| shall issue 5 licenses to
become effective not earlier than |
25 |
| January 1, 1991. Three of such licenses
shall authorize |
26 |
| riverboat gambling on the Mississippi River, or, with approval
|
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
|
|
1 |
| by the municipality in which the
riverboat was docked on August |
2 |
| 7, 2003 and with Board approval, be authorized to relocate to a |
3 |
| new location,
in a
municipality that (1) borders on the |
4 |
| Mississippi River or is within 5
miles of the city limits of a |
5 |
| municipality that borders on the Mississippi
River and (2), on |
6 |
| August 7, 2003, had a riverboat conducting riverboat gambling |
7 |
| operations pursuant to
a license issued under this Act; one of |
8 |
| which shall authorize riverboat
gambling from a home dock in |
9 |
| the city of East St. Louis. One other license
shall
authorize |
10 |
| riverboat gambling on
the Illinois River south of Marshall |
11 |
| County. The Board shall issue one
additional license to become |
12 |
| effective not earlier than March 1, 1992, which
shall authorize |
13 |
| riverboat gambling on the Des Plaines River in Will County.
The |
14 |
| Board may issue 4 additional licenses to become effective not
|
15 |
| earlier than
March 1, 1992. In determining the water upon which |
16 |
| riverboats will operate,
the Board shall consider the economic |
17 |
| benefit which riverboat gambling confers
on the State, and |
18 |
| shall seek to assure that all regions of the State share
in the |
19 |
| economic benefits of riverboat gambling.
|
20 |
| (e-5) In addition to the licenses authorized under |
21 |
| subsections (e) and (e-6),
the Board may issue 3 additional |
22 |
| licenses authorizing riverboat gambling. |
23 |
| (1) One
of the licenses issued under this subsection |
24 |
| (e-5) shall authorize its holder
to conduct riverboat |
25 |
| gambling from
a home dock located in a municipality that |
26 |
| (A) has a population of at least 75,000 inhabitants, (B) is |
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
|
|
1 |
| bordered on the East by Lake Michigan, and (C) is located |
2 |
| in a county, the entirety of which is located to the North |
3 |
| of Cook County, and
shall authorize its holder to conduct
|
4 |
| riverboat gambling on Lake Michigan. |
5 |
| (2) One license issued under this
subsection (e-5) |
6 |
| shall authorize its holder to conduct riverboat gambling in
|
7 |
| Cook County from a home dock located in the area bordered |
8 |
| on the North by the southern corporate limit of the City of |
9 |
| Chicago, on the South by Route 30, and on the West by |
10 |
| Interstate 57 and that is within 8 miles of the Indiana |
11 |
| border.
|
12 |
| (3) One license issued under this
subsection (e-5) |
13 |
| shall authorize its holder to conduct riverboat gambling |
14 |
| operations from a home dock located within 8 miles of any |
15 |
| portion of O'Hare International Airport.
|
16 |
| Licenses authorized under this subsection (e-5) shall be |
17 |
| awarded pursuant to
a process of competitive bidding to the |
18 |
| highest bidder that is eligible to hold
an owners license under |
19 |
| this Act. The minimum bid for an owners license under
this |
20 |
| subsection (e-5) shall be
$365,000,000, except that the Board |
21 |
| may declare a lower minimum bid for a specific license if it |
22 |
| finds a lower minimum bid to be necessary or appropriate. |
23 |
| (e-6) In addition to the licenses authorized under |
24 |
| subsections (e) and (e-5), the Board may issue an owners |
25 |
| license authorizing the conduct of gambling operations in a |
26 |
| casino located in a municipality with a population of more than |
|
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|
09500SB0011sam001 |
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|
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| 500,000 inhabitants. Until completion of a permanent casino, |
2 |
| the license issued under this subsection (e-6) shall authorize |
3 |
| it to conduct gambling operations in one or more land-based or |
4 |
| riverboat temporary casinos within the municipality, provided |
5 |
| that the total number of gaming positions is limited to 4,000.
|
6 |
| Licenses authorized under this subsection (e-6) shall be |
7 |
| awarded pursuant to
a process of competitive bidding to the |
8 |
| highest bidder that is eligible to hold
an owners license under |
9 |
| this Act. The minimum bid for an owners license under
this |
10 |
| subsection (e-6) shall be
$800,000,000, except that the Board |
11 |
| may declare a lower minimum bid for a specific license if it |
12 |
| finds a lower minimum bid to be necessary or appropriate. |
13 |
| (e-7) If an applicant for a license under subsection (e-5) |
14 |
| or (e-6) and a minority or female owner in the applicant |
15 |
| originally granted the dormant license agree, then the |
16 |
| applicant for a license under subsection (e-5) or (e-6) may |
17 |
| include the entire amount invested by the minority or female in |
18 |
| the dormant license in the applicant's bid for a license under |
19 |
| subsection (e-5) or (e-6). If a license is awarded to the |
20 |
| applicant based on that bid, then the amount the applicant must |
21 |
| pay for the license is the amount of the bid less the amount |
22 |
| invested by the minority or female owner. The minority or |
23 |
| female owner then has an ownership interest in the applicant as |
24 |
| if the amount invested had been paid to the applicant and that |
25 |
| amount then included in the payment for the license. "Dormant |
26 |
| license" has the meaning ascribed to it in subsection (a-3) of |
|
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|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
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|
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| Section 13.
|
2 |
| (e-10) In granting all licenses, the Board may give |
3 |
| favorable consideration to
economically depressed areas of the |
4 |
| State, to applicants presenting plans
which provide for |
5 |
| significant economic development over a large geographic
area, |
6 |
| and to applicants who currently operate non-gambling |
7 |
| riverboats in
Illinois.
The Board shall review all applications |
8 |
| for owners licenses,
and shall inform each applicant of the |
9 |
| Board's decision.
The Board may grant an owners license to an
|
10 |
| applicant that has not submitted the highest license bid, but |
11 |
| if it does not
select the highest bidder, the Board shall issue |
12 |
| a written decision explaining
why another
applicant was |
13 |
| selected and identifying the factors set forth in this Section
|
14 |
| that favored the winning bidder.
|
15 |
| In granting all licenses, the Board must give favorable |
16 |
| consideration to applicants based on each applicant's level of |
17 |
| minority persons and female ownership. For the purposes of this |
18 |
| subsection (e-10), the terms "minority person" and "female" |
19 |
| have the meanings provided in Section 2 of the Business |
20 |
| Enterprise for Minorities, Females, and Persons with |
21 |
| Disabilities Act
|
22 |
| In granting a license that is a dormant license to an |
23 |
| applicant, the Board must give favorable consideration to |
24 |
| applicants submitting evidence to the Board that minority |
25 |
| persons and females, who held ownership interests in the |
26 |
| applicant originally granted the dormant license, hold |
|
|
|
09500SB0011sam001 |
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|
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| ownership interests in the applicant for the license. The |
2 |
| weight of the Board's favorable consideration to applicants |
3 |
| pursuant to this paragraph must be in proportion to the |
4 |
| percentage of ownership interest in the applicant of those |
5 |
| minority persons and female owners. "Dormant license" has the |
6 |
| meaning ascribed to it in subsection (a-3) of Section 13 of |
7 |
| this Act.
|
8 |
| (e-15) In addition to any other revocation powers granted |
9 |
| to the Board under this
Act,
the Board may revoke the owners |
10 |
| license of a licensee which fails
to begin conducting gambling |
11 |
| within 15 months
of receipt of the
Board's approval of the |
12 |
| application if the Board determines that license
revocation is |
13 |
| in the best interests of the State.
|
14 |
| (f) Owners
The first 10 owners licenses issued under this |
15 |
| Act shall permit the
holder to own up to 2 riverboats and |
16 |
| equipment thereon
for a period of 3 years after the effective |
17 |
| date of the license. Holders of
the first 10 owners licenses |
18 |
| must pay the annual license fee for each of
the 3
years during |
19 |
| which they are authorized to own riverboats.
|
20 |
| (g) Upon the termination, expiration, or revocation of each |
21 |
| owners license
of the first
10 licenses , which shall be issued |
22 |
| for a 3 year period, all licenses are
renewable annually upon |
23 |
| payment of the fee and a determination by the Board
that the |
24 |
| licensee continues to meet all of the requirements of this Act |
25 |
| and the
Board's rules.
However, for licenses renewed on or |
26 |
| after May 1, 1998, renewal shall be
for a period of 4 years, |
|
|
|
09500SB0011sam001 |
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|
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| unless the Board sets a shorter period.
|
2 |
| (h) An owners license , other than an owners license |
3 |
| authorized under subsection (e-5) or (e-6), shall entitle the |
4 |
| licensee to own up to 2
riverboats and operate up to 1,200 |
5 |
| gaming positions, plus an additional
number of positions as |
6 |
| provided in subsections (h-5) and (h-6). The owners license |
7 |
| authorized under subsection (e-6) shall limit the number of |
8 |
| gaming positions to 4,000, and shall not allow the licensee to |
9 |
| obtain additional gaming positions under subsection (h-5). An |
10 |
| owner's license authorized under subsection (e-5) shall limit |
11 |
| the number of gaming positions to 2,000 and shall not allow the |
12 |
| licensee to obtain additional gaming positions under |
13 |
| subsection (h-5) . Electronic poker positions shall not be |
14 |
| included when determining the number of gaming positions for |
15 |
| the purposes of the limitations contained in this subsection |
16 |
| (h).
|
17 |
| (h-5) In addition to the
1,200
gaming positions authorized |
18 |
| under subsection (h), a licensee, other than the owners |
19 |
| licensee that received a license under subsection (e-5) or |
20 |
| (e-6), may
purchase and operate additional gaming positions as |
21 |
| provided in
this subsection (h-5).
A licensee, other than the |
22 |
| owners licensee that received a license under subsection (e-5) |
23 |
| or (e-6), may purchase up to 800
additional gaming positions |
24 |
| under this subsection (h-5) in groups of 100 by paying to the |
25 |
| Board a fee of $3,000,000 for each group of 100 additional |
26 |
| gaming positions. |
|
|
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09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
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|
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| (h-6) An owners licensee that
obtains in excess of 1,200 |
2 |
| positions, other than the owners licensee that received a |
3 |
| license under subsection (e-5) or (e-6), may conduct riverboat |
4 |
| gambling operations from a land-based facility
within or |
5 |
| attached to its home dock facility or from a temporary |
6 |
| facility, as the term "temporary facility" is defined by Board |
7 |
| rule, that is attached to the licensee's home dock, with Board |
8 |
| approval. Gaming positions located in a land-based facility |
9 |
| must be located in an area
that is accessible only to persons |
10 |
| who are at least 21 years of age. A
licensee may not conduct |
11 |
| gambling at a land-based facility unless the admission
tax |
12 |
| imposed under Section 12 has been paid for all persons who |
13 |
| enter the
land-based facility.
The Board shall adopt rules |
14 |
| concerning the conduct of gambling
from land-based facilities, |
15 |
| including rules concerning the number of gaming positions that |
16 |
| may be located at a temporary facility. |
17 |
| (h-7) Gaming positions authorized under subsection (h-5) |
18 |
| that go unpurchased for 120 days after the adoption of rules |
19 |
| under subsection (h-8) concerning the forfeiture of unused |
20 |
| gaming positions, if any, shall be made available to owners |
21 |
| licensees, other than the owners licensee that received a |
22 |
| license under subsection (e-6), as provided in this subsection |
23 |
| (h-7). Two hundred and ten days after the end of that 120-day |
24 |
| period, the Gaming Board shall make those unpurchased positions |
25 |
| available to owners licensees, other than the owners licensee |
26 |
| that received a license under subsection (e-6), under a process |
|
|
|
09500SB0011sam001 |
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|
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| of competitive bidding, in groups of 100 gaming positions. The |
2 |
| minimum bid for each group of 100 gaming positions shall be |
3 |
| $2,500,000.
|
4 |
| (h-8) At the time of license renewal, if the Gaming Board |
5 |
| determines that an owners licensee is not using any portion of |
6 |
| the gaming positions that it obtained under subsection (h-5) or |
7 |
| (h-7), the owners licensee shall forfeit those unused gaming |
8 |
| positions. The owners licensee shall not receive compensation |
9 |
| for those forfeited gaming positions. Within 30 days after the |
10 |
| forfeiture of an owners licensee's unused gaming positions, the |
11 |
| unused positions shall be made available by the Gaming Board to |
12 |
| owners licensees, other than the owners licensee that received |
13 |
| a license under subsection (e-6), under a process of |
14 |
| competitive bidding, in groups of 100 gaming positions. The |
15 |
| minimum bid for each group of 100 gaming positions shall be |
16 |
| $2,500,000. Within 30 days after the effective date of this |
17 |
| amendatory Act of the 95th General Assembly, the Board shall |
18 |
| adopt rules concerning the forfeiture of unused gaming |
19 |
| positions obtained under subsection (h-5) or (h-7). |
20 |
| (h-10) The total number of gaming positions
used by an |
21 |
| owners licensee shall not exceed 3,500 at one time (4,000 in |
22 |
| the case of the owners licensee that received a license under |
23 |
| subsection (e-6)). Within this limit, a licensee may operate |
24 |
| both
of
its riverboats concurrently.
A licensee shall limit the |
25 |
| number of gambling participants to
1,200 for any such owners |
26 |
| license.
A licensee may operate both of its riverboats |
|
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09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
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|
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| concurrently, provided that the
total number of gambling |
2 |
| participants on both riverboats does not exceed
1,200. |
3 |
| Riverboats licensed to operate on the
Mississippi River and the |
4 |
| Illinois River south of Marshall County shall
have an |
5 |
| authorized capacity of at least 500 persons. Any other |
6 |
| riverboat
licensed under this Act shall have an authorized |
7 |
| capacity of at least 400
persons.
|
8 |
| (i) A licensed owner is authorized to apply to the Board |
9 |
| for and, if
approved therefor, to receive all licenses from the |
10 |
| Board necessary for the
operation of a riverboat, including a |
11 |
| liquor license, a license
to prepare and serve food for human |
12 |
| consumption, and other necessary
licenses. All use, occupation |
13 |
| and excise taxes which apply to the sale of
food and beverages |
14 |
| in this State and all taxes imposed on the sale or use
of |
15 |
| tangible personal property apply to such sales aboard the |
16 |
| riverboat or in the casino .
|
17 |
| (j) The Board may issue or re-issue a license authorizing a |
18 |
| riverboat to
dock
in a municipality or approve a relocation |
19 |
| under Section 11.2 only if, prior
to the issuance or |
20 |
| re-issuance of
the license or approval, the governing body of |
21 |
| the municipality in which
the riverboat will dock has by a |
22 |
| majority vote approved the docking of
riverboats in the |
23 |
| municipality. The Board may issue or re-issue a license
|
24 |
| authorizing a
riverboat to dock in areas of a county outside |
25 |
| any municipality or approve a
relocation under Section 11.2 |
26 |
| only if, prior to the issuance or re-issuance
of the license
or |
|
|
|
09500SB0011sam001 |
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|
|
1 |
| approval, the
governing body of the county has by a majority |
2 |
| vote approved of the docking of
riverboats within such areas.
|
3 |
| (Source: P.A. 93-28, eff. 6-20-03; 93-453, eff. 8-7-03; 94-667, |
4 |
| eff. 8-23-05; 94-804, eff. 5-26-06.)
|
5 |
| (230 ILCS 10/7.1)
|
6 |
| Sec. 7.1. Re-issuance of revoked or non-renewed owners |
7 |
| licenses.
|
8 |
| (a) If an owners license terminates or expires without |
9 |
| renewal or the Board
revokes or determines not to renew an |
10 |
| owners license (including, without
limitation, an owners |
11 |
| license for a licensee that was not conducting riverboat
|
12 |
| gambling operations on January 1, 1998)
and that revocation or |
13 |
| determination is final, the Board may re-issue such
license to
|
14 |
| a qualified applicant pursuant to an open and competitive |
15 |
| bidding process, as
set forth in Section 7.5, and subject to |
16 |
| the maximum number of authorized
licenses set forth in |
17 |
| subsections (e), (e-5), and (e-6) of Section 7
Section
7(e) .
|
18 |
| (b) To be a qualified applicant, a person, firm, or |
19 |
| corporation cannot be
ineligible to receive an owners license |
20 |
| under Section 7(a) and must submit an
application for an owners |
21 |
| license that complies with Section 6. Each such
applicant must |
22 |
| also submit evidence to the Board that minority persons and
|
23 |
| females hold ownership interests in the applicant of at least |
24 |
| 16% and 4%
respectively.
|
25 |
| (c) Notwithstanding anything to the contrary in |
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
|
|
1 |
| subsections (e), (e-5), or (e-6) of Section 7,
Section 7(e), an |
2 |
| applicant
may apply to the Board for approval of relocation of |
3 |
| a re-issued license to a
new home dock location authorized |
4 |
| under Section 3(c) upon receipt of the
approval from the |
5 |
| municipality or county, as the case may be, pursuant to
Section |
6 |
| 7(j).
|
7 |
| (d) In determining whether to grant a re-issued owners |
8 |
| license to an
applicant, the
Board shall consider all of the |
9 |
| factors set forth in Section
Sections 7(b) and in Section 7(e) |
10 |
| or (e-5), whichever is applicable,
(e) as
well as the amount of |
11 |
| the applicant's license bid. The Board may
grant the re-issued |
12 |
| owners license to an applicant that has not submitted the
|
13 |
| highest license bid, but if it does not select the highest |
14 |
| bidder,
the Board shall issue a written decision explaining why |
15 |
| another applicant was
selected and identifying the factors set |
16 |
| forth in Section
Sections 7(b) and in Section 7(e) or (e-5), |
17 |
| whichever is applicable,
(e) that
favored the winning bidder.
|
18 |
| (e) Re-issued owners licenses shall be subject to annual |
19 |
| license fees as
provided for in Section 7(a) and shall be |
20 |
| governed by the provisions of
Sections 7(f), (g), (h), and (i).
|
21 |
| (Source: P.A. 93-28, eff. 6-20-03.)
|
22 |
| (230 ILCS 10/7.3)
|
23 |
| Sec. 7.3. State conduct of gambling operations.
|
24 |
| (a) If, after reviewing each application for a re-issued |
25 |
| license, the
Board determines that the highest prospective |
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
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|
1 |
| total revenue to the State would
be derived from State conduct |
2 |
| of the gambling operation in lieu of re-issuing
the license, |
3 |
| the Board shall inform each applicant of its decision. The |
4 |
| Board
shall thereafter have the authority, without obtaining an |
5 |
| owners license, to
conduct riverboat gambling operations as
|
6 |
| previously authorized by the terminated, expired, revoked, or |
7 |
| nonrenewed
license through a licensed manager selected |
8 |
| pursuant to an open and competitive
bidding
process as set |
9 |
| forth in Section 7.5 and as provided in Section 7.4.
|
10 |
| (b) The Board may locate any riverboat on which a gambling |
11 |
| operation is
conducted by the State in any home dock location |
12 |
| authorized by Section 3(c)
upon receipt of approval from a |
13 |
| majority vote of the governing body of the
municipality or |
14 |
| county, as the case may be, in which the riverboat will dock.
|
15 |
| (c) The Board shall have jurisdiction over and shall |
16 |
| supervise all
gambling operations conducted by the State |
17 |
| provided for in this Act and shall
have all powers necessary |
18 |
| and proper to fully and effectively execute the
provisions of |
19 |
| this Act relating to gambling operations conducted by the |
20 |
| State.
|
21 |
| (d) The maximum number of owners licenses authorized under |
22 |
| Section 7
7(e)
shall be reduced by one for each instance in |
23 |
| which the Board authorizes the
State to conduct a riverboat |
24 |
| gambling operation under subsection (a) in lieu of
re-issuing a |
25 |
| license to an applicant under Section 7.1.
|
26 |
| (Source: P.A. 93-28, eff. 6-20-03.)
|
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
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|
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| (230 ILCS 10/7.6 new) |
2 |
| Sec. 7.6. Electronic poker.
|
3 |
| (a) An owner licensee may apply to the Illinois Gaming |
4 |
| Board for authorization to conduct electronic poker on its |
5 |
| riverboats. The authorization that the Illinois Gaming Board |
6 |
| issues to the owner licensee shall specify the number of |
7 |
| electronic poker positions the owner licensee may operate, |
8 |
| which shall not be counted against the limit on the number of |
9 |
| gambling participants under subsection (h) of Section 7. |
10 |
| (b) The Illinois Gaming Board must adopt rules for the |
11 |
| authorization and administration of the conduct of electronic |
12 |
| poker.
|
13 |
| (230 ILCS 10/7.7 new)
|
14 |
| Sec. 7.7. Home rule. The regulation of electronic poker is |
15 |
| an exclusive power and function of the
State. A home rule unit |
16 |
| may not regulate electronic poker. This Section is a denial and |
17 |
| limitation of home
rule powers and functions under subsection |
18 |
| (h) of Section 6 of Article VII of
the Illinois Constitution.
|
19 |
| (230 ILCS 10/8)
(from Ch. 120, par. 2408)
|
20 |
| Sec. 8. Suppliers licenses.
|
21 |
| (a) The Board may issue a suppliers license to such |
22 |
| persons, firms or
corporations which apply therefor upon the |
23 |
| payment of a non-refundable
application fee set by the Board, |
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
|
|
1 |
| upon a determination by the Board that
the applicant is |
2 |
| eligible for a suppliers license and upon payment of a
$5,000 |
3 |
| annual license
fee.
|
4 |
| (b) The holder of a suppliers license is authorized to sell |
5 |
| or lease,
and to contract to sell or lease, gambling equipment |
6 |
| and supplies to any
licensee involved in the ownership or |
7 |
| management of gambling operations.
|
8 |
| (c) Gambling supplies and equipment may not be distributed
|
9 |
| unless supplies and equipment conform to standards adopted by
|
10 |
| rules of the Board.
|
11 |
| (d) A person, firm or corporation is ineligible to receive |
12 |
| a suppliers
license if:
|
13 |
| (1) the person has been convicted of a felony under the |
14 |
| laws of this
State, any other state, or the United States;
|
15 |
| (2) the person has been convicted of any violation of |
16 |
| Article 28 of the
Criminal Code of 1961, or substantially |
17 |
| similar laws of any other jurisdiction;
|
18 |
| (3) the person has submitted an application for a |
19 |
| license under this
Act which contains false information;
|
20 |
| (4) the person is a member of the Board;
|
21 |
| (5) the firm or corporation is one in which a person |
22 |
| defined in (1),
(2), (3) or (4), is an officer, director or |
23 |
| managerial employee;
|
24 |
| (6) the firm or corporation employs a person who |
25 |
| participates in the
management or operation of riverboat |
26 |
| gambling authorized under this Act;
|
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
|
|
1 |
| (7) the license of the person, firm or corporation |
2 |
| issued under
this Act, or a license to own or operate |
3 |
| gambling facilities
in any other jurisdiction, has been |
4 |
| revoked.
|
5 |
| (e) Any person that supplies any equipment, devices, or |
6 |
| supplies to a
licensed riverboat or casino gambling operation |
7 |
| or an organization licensee that conducts electronic poker at |
8 |
| its wagering facilities must
first obtain a suppliers
license. |
9 |
| A supplier shall furnish to the Board a list of all equipment,
|
10 |
| devices and supplies offered for sale or lease in connection |
11 |
| with gambling
games authorized under this Act. A supplier shall |
12 |
| keep books and records
for the furnishing of equipment, devices |
13 |
| and supplies to gambling
operations separate and distinct from |
14 |
| any other business that the supplier
might operate. A supplier |
15 |
| shall file a quarterly return with the Board
listing all sales |
16 |
| and leases. A supplier shall permanently affix its name
to all |
17 |
| its equipment, devices, and supplies for gambling operations.
|
18 |
| Any supplier's equipment, devices or supplies which are used by |
19 |
| any person
in an unauthorized gambling operation shall be |
20 |
| forfeited to the State. A
holder of an owners license
licensed
|
21 |
| owner may own its own equipment, devices and supplies. Each
|
22 |
| holder of an owners license under the
Act shall file an annual |
23 |
| report
listing its inventories of gambling equipment, devices |
24 |
| and supplies.
|
25 |
| (f) Any person who knowingly makes a false statement on an |
26 |
| application
is guilty of a Class A misdemeanor.
|
|
|
|
09500SB0011sam001 |
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|
1 |
| (g) Any gambling equipment, devices and supplies provided |
2 |
| by any
licensed supplier may either be repaired on the |
3 |
| riverboat , at the casino, or at the wagering facility or |
4 |
| removed from
the riverboat , the casino, or the wagering |
5 |
| facility to a
an on-shore
facility owned by the holder of an |
6 |
| owners
license or organization license for repair.
|
7 |
| (h) On and after the effective date of this amendatory Act |
8 |
| of the 95th
General
Assembly, at
least 30% of all slot machines |
9 |
| and video games of chance purchased by an owners
licensee
shall
|
10 |
| be purchased from manufacturers whose manufacturing facilities |
11 |
| are located in
Illinois.
The Board
shall
review the |
12 |
| availability of such slot machines and video games of chance |
13 |
| and
shall have the
discretion to
raise or lower the minimum |
14 |
| percentage of those slot machines and video games of chance
|
15 |
| that must be
purchased from suppliers whose
manufacturing |
16 |
| facilities are located in Illinois by rule as it sees fit. |
17 |
| (Source: P.A. 86-1029; 87-826.)
|
18 |
| (230 ILCS 10/9)
(from Ch. 120, par. 2409)
|
19 |
| Sec. 9. Occupational licenses.
|
20 |
| (a) The Board may issue an occupational license to an |
21 |
| applicant upon the
payment of a non-refundable fee set by the |
22 |
| Board, upon a determination by
the Board that the applicant is |
23 |
| eligible for an occupational license and
upon payment of an |
24 |
| annual license fee in an amount to be established. To
be |
25 |
| eligible for an occupational license, an applicant must:
|
|
|
|
09500SB0011sam001 |
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|
1 |
| (1) be at least 21 years of age if the applicant will |
2 |
| perform any
function involved in gaming by patrons. Any |
3 |
| applicant seeking an
occupational license for a non-gaming |
4 |
| function shall be at least 18 years
of age;
|
5 |
| (2) not have been convicted of a felony offense, a |
6 |
| violation of Article
28 of the Criminal Code of 1961, or a |
7 |
| similar statute of any other
jurisdiction, or a crime |
8 |
| involving dishonesty or moral turpitude;
|
9 |
| (3) have demonstrated a level of skill or knowledge |
10 |
| which the Board
determines to be necessary in order to |
11 |
| operate gambling aboard a riverboat , in a casino, or at a |
12 |
| wagering facility conducting electronic poker ; and
|
13 |
| (4) have met standards for the holding of an |
14 |
| occupational license as
adopted by rules of the Board. Such |
15 |
| rules shall provide that any person or
entity seeking an |
16 |
| occupational license to manage gambling operations
|
17 |
| hereunder shall be subject to background inquiries and |
18 |
| further requirements
similar to those required of |
19 |
| applicants for an owners license.
Furthermore, such rules |
20 |
| shall provide that each such entity shall be
permitted to |
21 |
| manage gambling operations for only one licensed owner.
|
22 |
| (b) Each application for an occupational license shall be |
23 |
| on forms
prescribed by the Board and shall contain all |
24 |
| information required by the
Board. The applicant shall set |
25 |
| forth in the application: whether he has been
issued prior |
26 |
| gambling related licenses; whether he has been licensed in any
|
|
|
|
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|
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| other state under any other name, and, if so, such name and his |
2 |
| age; and
whether or not a permit or license issued to him in |
3 |
| any other state has
been suspended, restricted or revoked, and, |
4 |
| if so, for what period of time.
|
5 |
| (c) Each applicant shall submit with his application, on |
6 |
| forms provided
by the Board, 2 sets of his fingerprints. The |
7 |
| Board shall charge each
applicant a fee set by the Department |
8 |
| of State Police to defray the costs
associated with the search |
9 |
| and classification of fingerprints obtained by
the Board with |
10 |
| respect to the applicant's application. These fees shall be
|
11 |
| paid into the State Police Services Fund.
|
12 |
| (d) The Board may in its discretion refuse an occupational |
13 |
| license to
any person: (1) who is unqualified to perform the |
14 |
| duties required of such
applicant; (2) who fails to disclose or |
15 |
| states falsely any information
called for in the application; |
16 |
| (3) who has been found guilty of a
violation of this Act or |
17 |
| whose prior gambling related license or
application therefor |
18 |
| has been suspended, restricted, revoked or denied for
just |
19 |
| cause in any other state; or (4) for any other just cause.
|
20 |
| (e) The Board may suspend, revoke or restrict any |
21 |
| occupational licensee:
(1) for violation of any provision of |
22 |
| this Act; (2) for violation of any
of the rules and regulations |
23 |
| of the Board; (3) for any cause which, if
known to the Board, |
24 |
| would have disqualified the applicant from receiving
such |
25 |
| license; or (4) for default in the payment of any obligation or |
26 |
| debt
due to the State of Illinois; or (5) for any other just |
|
|
|
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|
|
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| cause.
|
2 |
| (f) A person who knowingly makes a false statement on an |
3 |
| application is
guilty of a Class A misdemeanor.
|
4 |
| (g) Any license issued pursuant to this Section shall be |
5 |
| valid for a
period of one year from the date of issuance.
|
6 |
| (h) Nothing in this Act shall be interpreted to prohibit a |
7 |
| licensed
owner or organization licensee from entering into an |
8 |
| agreement
with a
school approved under the
Private Business and |
9 |
| Vocational Schools Act for the training of any
occupational |
10 |
| licensee. Any training offered by such a school shall be in
|
11 |
| accordance with a written agreement between the licensed owner |
12 |
| or organization licensee and the school.
|
13 |
| (i) Any training provided for occupational licensees may be |
14 |
| conducted
either at the site of the gambling facility
on the |
15 |
| riverboat or at a
school with which a licensed owner or |
16 |
| organization licensee has
entered into an agreement pursuant to |
17 |
| subsection (h).
|
18 |
| (Source: P.A. 86-1029; 87-826.)
|
19 |
| (230 ILCS 10/11) (from Ch. 120, par. 2411)
|
20 |
| Sec. 11. Conduct of gambling. Gambling may be conducted by |
21 |
| licensed owners or licensed managers on behalf
of the State |
22 |
| aboard riverboats or in a casino. Gambling in the form of |
23 |
| electronic poker may be conducted as authorized by the Illinois |
24 |
| Gambling Board by licensed owners aboard riverboats or by |
25 |
| organization licensees at wagering facilities. If authorized |
|
|
|
09500SB0011sam001 |
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|
|
1 |
| by the Board by rule, an owners licensee may
move
gaming |
2 |
| positions to a "temporary facility" as that term is defined in |
3 |
| Section 7(h-6)
and use those gaming positions to conduct |
4 |
| gambling as provided in Section 7(h-6). Gambling authorized |
5 |
| under this Section shall
be ,
subject to the following |
6 |
| standards:
|
7 |
| (1) A licensee may conduct riverboat gambling |
8 |
| authorized under this Act
regardless of whether it conducts |
9 |
| excursion cruises. A licensee may permit
the continuous |
10 |
| ingress and egress of patrons
passengers for the purpose of |
11 |
| gambling.
|
12 |
| (2) (Blank).
|
13 |
| (3) Minimum and maximum wagers on games shall be set by |
14 |
| the licensee.
|
15 |
| (4) Agents of the Board and the Department of State |
16 |
| Police may board
and inspect any riverboat or enter and |
17 |
| inspect any portion of a casino or an organization |
18 |
| licensee's wagering facility at which electronic poker is |
19 |
| being conducted at any time for the purpose of determining
|
20 |
| whether this Act is being complied with. Every riverboat, |
21 |
| if under way and
being hailed by a law enforcement officer |
22 |
| or agent of the Board, must stop
immediately and lay to.
|
23 |
| (5) Employees of the Board shall have the right to be |
24 |
| present on the
riverboat or in the casino or on adjacent |
25 |
| facilities under the control of the licensee and at the |
26 |
| wagering facility at which electronic poker is being |
|
|
|
09500SB0011sam001 |
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|
|
1 |
| conducted .
|
2 |
| (6) Gambling equipment and supplies customarily used |
3 |
| in conducting
riverboat gambling games must be purchased or |
4 |
| leased only from suppliers licensed
for such purpose under |
5 |
| this Act.
|
6 |
| (7) Persons licensed under this Act shall permit no |
7 |
| form of wagering on
gambling games except as permitted by |
8 |
| this Act.
|
9 |
| (8) Wagers may be received only from a person present |
10 |
| on a licensed
riverboat , in a casino, or at a wagering |
11 |
| facility at which electronic poker is being conducted . No |
12 |
| person present on a licensed riverboat or in a casino or at |
13 |
| a wagering facility at which electronic poker is being |
14 |
| conducted shall place
or attempt to place a wager on behalf |
15 |
| of another person who is not present
on the riverboat or in |
16 |
| the casino or at the wagering facility at which electronic |
17 |
| poker is being conducted .
|
18 |
| (9) Wagering shall not be conducted with money or other |
19 |
| negotiable
currency.
|
20 |
| (10) A person under age 21 shall not be permitted on an |
21 |
| area of a
riverboat or casino where gambling is being |
22 |
| conducted, except for a person at least
18 years of age who |
23 |
| is an employee of the riverboat or casino gambling |
24 |
| operation. No
employee under age 21 shall perform any |
25 |
| function involved in gambling by
the patrons. No person |
26 |
| under age 21 shall be permitted to make a wager under
this |
|
|
|
09500SB0011sam001 |
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|
1 |
| Act.
|
2 |
| (11) Gambling excursion cruises are permitted only |
3 |
| when the waterway for
which the riverboat is licensed is |
4 |
| navigable, as determined by
the Board in consultation with |
5 |
| the U.S. Army Corps of Engineers.
This paragraph (11) does |
6 |
| not limit the ability of a licensee to conduct
gambling |
7 |
| authorized under this Act when gambling excursion cruises |
8 |
| are not
permitted.
|
9 |
| (12) All tokens, chips or electronic cards used to make |
10 |
| wagers must be
purchased (A) from a licensed owner or |
11 |
| manager , in the case of a riverboat or of a casino either |
12 |
| aboard the
a riverboat or at the casino or , in the case of |
13 |
| a riverboat, at
an onshore
facility which has been approved |
14 |
| by the Board and which is located where
the riverboat docks |
15 |
| or (B) from an organization licensee at a wagering facility |
16 |
| at which electronic poker is conducted . The tokens, chips |
17 |
| or electronic cards may be
purchased by means of an |
18 |
| agreement under which the owner or manager extends
credit |
19 |
| to
the patron. Such tokens, chips or electronic cards may |
20 |
| be used
while aboard the riverboat , in the casino, or at |
21 |
| the wagering facility at which electronic poker is being |
22 |
| conducted only for the purpose of making wagers on
gambling |
23 |
| games.
|
24 |
| (13) Notwithstanding any other Section of this Act, in |
25 |
| addition to the
other licenses authorized under this Act, |
26 |
| the Board may issue special event
licenses allowing persons |
|
|
|
09500SB0011sam001 |
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|
|
1 |
| who are not otherwise licensed to conduct
riverboat |
2 |
| gambling to conduct such gambling on a specified date or |
3 |
| series
of dates. Riverboat gambling under such a license |
4 |
| may take place on a
riverboat not normally used for |
5 |
| riverboat gambling. The Board shall
establish standards, |
6 |
| fees and fines for, and limitations upon, such
licenses, |
7 |
| which may differ from the standards, fees, fines and |
8 |
| limitations
otherwise applicable under this Act. All such |
9 |
| fees shall be deposited into
the State Gaming Fund. All |
10 |
| such fines shall be deposited into the
Education Assistance |
11 |
| Fund, created by Public Act 86-0018, of the State
of |
12 |
| Illinois.
|
13 |
| (14) In addition to the above, gambling must be |
14 |
| conducted in accordance
with all rules adopted by the |
15 |
| Board.
|
16 |
| (Source: P.A. 93-28, eff. 6-20-03.)
|
17 |
| (230 ILCS 10/11.1) (from Ch. 120, par. 2411.1)
|
18 |
| Sec. 11.1. Collection of amounts owing under credit |
19 |
| agreements. Notwithstanding any applicable statutory provision |
20 |
| to the contrary, a
licensed owner ,
or manager , or organization |
21 |
| licensee who extends credit to a riverboat or casino gambling |
22 |
| patron
or electronic poker patron pursuant
to Section 11 (a) |
23 |
| (12) of this Act is expressly authorized to institute a
cause |
24 |
| of action to collect any amounts due and owing under the |
25 |
| extension of
credit, as well as the owner's or manager's costs, |
|
|
|
09500SB0011sam001 |
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|
1 |
| expenses and reasonable
attorney's
fees incurred in |
2 |
| collection.
|
3 |
| (Source: P.A. 93-28, eff. 6-20-03.)
|
4 |
| (230 ILCS 10/12) (from Ch. 120, par. 2412)
|
5 |
| Sec. 12. Admission tax; fees.
|
6 |
| (a) A tax is hereby imposed upon admissions to riverboats |
7 |
| and casinos operated by
licensed owners authorized pursuant to |
8 |
| this Act. Until July 1, 2002, the
rate is $2 per person |
9 |
| admitted. From July 1, 2002 until
July 1, 2003, the rate is $3 |
10 |
| per person admitted.
From July 1, 2003 until the effective date |
11 |
| of this amendatory Act of the 94th General Assembly, for a |
12 |
| licensee that admitted 1,000,000 persons or
fewer in the |
13 |
| previous calendar year, the rate is $3 per person admitted; for |
14 |
| a
licensee that admitted more than 1,000,000 but no more than |
15 |
| 2,300,000 persons
in the previous calendar year, the rate is $4 |
16 |
| per person admitted; and for
a licensee that admitted more than |
17 |
| 2,300,000 persons in the previous calendar
year, the rate is $5 |
18 |
| per person admitted.
Beginning on August 23, 2005 ( the |
19 |
| effective date of Public Act 94-673) and until the effective |
20 |
| date of this amendatory Act of the 95th General Assembly
this |
21 |
| amendatory Act of the 94th General Assembly , for a licensee |
22 |
| that admitted 1,000,000 persons or
fewer in calendar year 2004, |
23 |
| the rate is $2 per person admitted, and for all other
licensees |
24 |
| the rate is $3 per person admitted.
Beginning on the effective |
25 |
| date of this amendatory Act of the 95th General Assembly, for a |
|
|
|
09500SB0011sam001 |
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|
|
1 |
| licensee that conducted riverboat gambling operations in |
2 |
| calendar year 2003 and admitted 1,000,000 persons or
fewer in |
3 |
| the calendar year 2003, the rate is $1 per person admitted and |
4 |
| for all other
licensees the rate is $3 per person admitted.
|
5 |
| This admission tax is imposed upon the
licensed owner |
6 |
| conducting gambling.
|
7 |
| (1) The admission tax shall be paid for each admission , |
8 |
| except that a
person who exits a riverboat gambling |
9 |
| facility or a casino and reenters that riverboat
gambling |
10 |
| facility or casino within the same gaming day, as the term |
11 |
| "gaming day" is defined by the Board by rule,
shall be |
12 |
| subject only to the initial admission tax. The Board shall |
13 |
| establish, by rule, a procedure to determine whether a |
14 |
| person admitted to a riverboat gambling facility or casino |
15 |
| has paid the admission tax .
|
16 |
| (2) (Blank).
|
17 |
| (3) An owners licensee
The riverboat licensee may issue |
18 |
| tax-free passes to
actual and necessary officials and |
19 |
| employees of the licensee or other
persons actually working |
20 |
| on the riverboat or in the casino .
|
21 |
| (4) The number and issuance of tax-free passes is |
22 |
| subject to the rules
of the Board, and a list of all |
23 |
| persons to whom the tax-free passes are
issued shall be |
24 |
| filed with the Board.
|
25 |
| (a-5) A fee is hereby imposed upon admissions operated by |
26 |
| licensed
managers on behalf of the State pursuant to Section |
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
|
|
1 |
| 7.3 at the rates provided
in
this subsection (a-5). For a |
2 |
| licensee that
admitted 1,000,000 persons or fewer in the |
3 |
| previous calendar year, the rate is
$3 per person admitted; for |
4 |
| a licensee that admitted more than 1,000,000 but no
more than |
5 |
| 2,300,000 persons
in the previous calendar year, the rate is $4 |
6 |
| per person admitted; and for
a licensee that admitted more than |
7 |
| 2,300,000 persons in the previous calendar
year, the rate is $5 |
8 |
| per person admitted.
|
9 |
| (1) The admission fee shall be paid for each admission.
|
10 |
| (2) (Blank).
|
11 |
| (3) The licensed manager may issue fee-free passes to |
12 |
| actual and necessary
officials and employees of the manager |
13 |
| or other persons actually working on the
riverboat.
|
14 |
| (4) The number and issuance of fee-free passes is |
15 |
| subject to the rules
of the Board, and a list of all |
16 |
| persons to whom the fee-free passes are
issued shall be |
17 |
| filed with the Board.
|
18 |
| (b) From the tax imposed under subsection (a) and the fee |
19 |
| imposed under
subsection (a-5), a municipality shall receive |
20 |
| from the State $1 for each
person embarking on a riverboat |
21 |
| docked within the municipality or entering a casino located |
22 |
| within the municipality , and a county
shall receive $1 for each |
23 |
| person entering a casino or embarking on a riverboat docked |
24 |
| within the
county but outside the boundaries of any |
25 |
| municipality. The municipality's or
county's share shall be |
26 |
| collected by the Board on behalf of the State and
remitted |
|
|
|
09500SB0011sam001 |
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|
|
1 |
| quarterly by the State, subject to appropriation, to the |
2 |
| treasurer of
the unit of local government for deposit in the |
3 |
| general fund. For each admission in excess of 1,500,000 in a |
4 |
| year, from the tax
imposed under this Section, the county in |
5 |
| which the licensee's home dock
or casino is located
shall |
6 |
| receive, subject to appropriation, $0.15, which shall be in |
7 |
| addition to
any other moneys paid to the county under this |
8 |
| Section, and $0.20 shall be paid
into the Agricultural Premium |
9 |
| Fund.
|
10 |
| (c) The licensed owner shall pay the entire admission tax |
11 |
| to the Board and
the licensed manager shall pay the entire |
12 |
| admission fee to the Board.
Such payments shall be made daily. |
13 |
| Accompanying each payment shall be a
return on forms provided |
14 |
| by the Board which shall include other
information regarding |
15 |
| admissions as the Board may require. Failure to
submit either |
16 |
| the payment or the return within the specified time may
result |
17 |
| in suspension or revocation of the owners or managers license.
|
18 |
| (d) The Board shall administer and collect the admission |
19 |
| tax imposed by
this Section, to the extent practicable, in a |
20 |
| manner consistent with the
provisions of Sections 4, 5, 5a, 5b, |
21 |
| 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a,
6b, 6c, 8, 9 and 10 of the |
22 |
| Retailers' Occupation Tax Act and
Section 3-7 of the Uniform |
23 |
| Penalty and Interest Act.
|
24 |
| (Source: P.A. 93-27, eff. 6-20-03; 93-28, eff. 6-20-03; 94-673, |
25 |
| eff. 8-23-05.)
|
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
|
|
1 |
| (230 ILCS 10/13) (from Ch. 120, par. 2413)
|
2 |
| Sec. 13. Wagering tax; rate; distribution.
|
3 |
| (a) Until January 1, 1998, a tax is imposed on the adjusted
|
4 |
| gross
gaming receipts received from gambling games authorized |
5 |
| under this Act at the rate of
20%.
|
6 |
| (a-1) From January 1, 1998 until July 1, 2002, a privilege |
7 |
| tax is
imposed on persons engaged in the business of conducting |
8 |
| riverboat gambling
operations, based on the adjusted gross |
9 |
| gaming receipts received by a licensed owner
from gambling |
10 |
| games authorized under this Act at the following rates:
|
11 |
| 15% of annual adjusted gross gaming receipts up to and |
12 |
| including $25,000,000;
|
13 |
| 20% of annual adjusted gross gaming receipts in excess |
14 |
| of $25,000,000 but not
exceeding $50,000,000;
|
15 |
| 25% of annual adjusted gross gaming receipts in excess |
16 |
| of $50,000,000 but not
exceeding $75,000,000;
|
17 |
| 30% of annual adjusted gross gaming receipts in excess |
18 |
| of $75,000,000 but not
exceeding $100,000,000;
|
19 |
| 35% of annual adjusted gross gaming receipts in excess |
20 |
| of $100,000,000.
|
21 |
| (a-2) From July 1, 2002 until July 1, 2003, a privilege tax |
22 |
| is imposed on
persons engaged in the business of conducting |
23 |
| riverboat gambling operations,
other than licensed managers |
24 |
| conducting riverboat gambling operations on behalf
of the |
25 |
| State, based on the adjusted gross gaming receipts received by |
26 |
| a licensed
owner from gambling games authorized under this Act |
|
|
|
09500SB0011sam001 |
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|
|
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| at the following rates:
|
2 |
| 15% of annual adjusted gross gaming receipts up to and |
3 |
| including $25,000,000;
|
4 |
| 22.5% of annual adjusted gross gaming receipts in |
5 |
| excess of $25,000,000 but not
exceeding $50,000,000;
|
6 |
| 27.5% of annual adjusted gross gaming receipts in |
7 |
| excess of $50,000,000 but not
exceeding $75,000,000;
|
8 |
| 32.5% of annual adjusted gross gaming receipts in |
9 |
| excess of $75,000,000 but not
exceeding $100,000,000;
|
10 |
| 37.5% of annual adjusted gross gaming receipts in |
11 |
| excess of $100,000,000 but not
exceeding $150,000,000;
|
12 |
| 45% of annual adjusted gross gaming receipts in excess |
13 |
| of $150,000,000 but not
exceeding $200,000,000;
|
14 |
| 50% of annual adjusted gross gaming receipts in excess |
15 |
| of $200,000,000.
|
16 |
| (a-3) Beginning July 1, 2003, a privilege tax is imposed on |
17 |
| persons engaged
in the business of conducting riverboat |
18 |
| gambling operations, other than
licensed managers conducting |
19 |
| riverboat gambling operations on behalf of the
State, based on |
20 |
| the adjusted gross gaming receipts received by a licensed owner |
21 |
| from
gambling games authorized under this Act at the following |
22 |
| rates:
|
23 |
| 15% of annual adjusted gross gaming receipts up to and |
24 |
| including $25,000,000;
|
25 |
| 27.5% of annual adjusted gross gaming receipts in |
26 |
| excess of $25,000,000 but not
exceeding $37,500,000;
|
|
|
|
09500SB0011sam001 |
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| 32.5% of annual adjusted gross gaming receipts in |
2 |
| excess of $37,500,000 but not
exceeding $50,000,000;
|
3 |
| 37.5% of annual adjusted gross gaming receipts in |
4 |
| excess of $50,000,000 but not
exceeding $75,000,000;
|
5 |
| 45% of annual adjusted gross gaming receipts in excess |
6 |
| of $75,000,000 but not
exceeding $100,000,000;
|
7 |
| 50% of annual adjusted gross gaming receipts in excess |
8 |
| of $100,000,000 but not
exceeding $250,000,000;
|
9 |
| 70% of annual adjusted gross gaming receipts in excess |
10 |
| of $250,000,000.
|
11 |
| An amount equal to the amount of wagering taxes collected |
12 |
| under this
subsection (a-3) that are in addition to the amount |
13 |
| of wagering taxes that
would have been collected if the |
14 |
| wagering tax rates under subsection (a-2)
were in effect shall |
15 |
| be paid into the Common School Fund.
|
16 |
| The privilege tax imposed under this subsection (a-3) shall |
17 |
| no longer be
imposed beginning on the earlier of (i) July 1, |
18 |
| 2005; (ii) the first date
after June 20, 2003 that riverboat |
19 |
| gambling operations are conducted
pursuant to a dormant |
20 |
| license; or (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.
For the purposes of this subsection |
24 |
| (a-3), the term "dormant license"
means an owners license that |
25 |
| is authorized by this Act under which no
riverboat gambling |
26 |
| operations are being conducted on June 20, 2003.
|
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
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| (a-4) Beginning on the first day on which the tax imposed |
2 |
| under
subsection (a-3) is no longer imposed, a privilege tax is |
3 |
| imposed on persons
engaged in the business of conducting |
4 |
| riverboat gambling operations, other
than licensed managers |
5 |
| conducting riverboat gambling operations on behalf of
the State |
6 |
| and the owners licensee of the license authorized under |
7 |
| subsection (e-6) of Section 7 , based on the adjusted gross |
8 |
| gaming receipts received by a licensed owner
from gambling |
9 |
| games authorized under this Act at the following rates:
|
10 |
| 15% of annual adjusted gross gaming receipts up to and |
11 |
| including $25,000,000;
|
12 |
| 22.5% of annual adjusted gross gaming receipts in |
13 |
| excess of $25,000,000 but not
exceeding $50,000,000;
|
14 |
| 27.5% of annual adjusted gross gaming receipts in |
15 |
| excess of $50,000,000 but not
exceeding $75,000,000;
|
16 |
| 32.5% of annual adjusted gross gaming receipts in |
17 |
| excess of $75,000,000 but not
exceeding $100,000,000;
|
18 |
| 37.5% of annual adjusted gross gaming receipts in |
19 |
| excess of $100,000,000 but not
exceeding $150,000,000;
|
20 |
| 45% of annual adjusted gross gaming receipts in excess |
21 |
| of $150,000,000 but not
exceeding $200,000,000;
|
22 |
| 50% of annual adjusted gross gaming receipts in excess |
23 |
| of $200,000,000.
|
24 |
| (a-5) A privilege tax is imposed on the owners licensee of |
25 |
| the license authorized under subsection (e-6) of Section 7 at |
26 |
| the rate of 50% of annual gross gaming receipts.
|
|
|
|
09500SB0011sam001 |
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|
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| (a-6) A privilege tax is imposed on persons
engaged in the |
2 |
| business of conducting electronic poker based on the adjusted |
3 |
| gross receipts received from gambling games authorized under |
4 |
| this Act at the following rates:
|
5 |
| 15% of annual gross gaming receipts up to and including |
6 |
| $25,000,000;
|
7 |
| 22.5% of annual gross gaming receipts in excess of |
8 |
| $25,000,000 but not
exceeding $50,000,000;
|
9 |
| 27.5% of annual gross gaming receipts in excess of |
10 |
| $50,000,000 but not
exceeding $75,000,000;
|
11 |
| 32.5% of annual gross gaming receipts in excess of |
12 |
| $75,000,000 but not
exceeding $100,000,000;
|
13 |
| 37.5% of annual gross gaming receipts in excess of |
14 |
| $100,000,000 but not
exceeding $150,000,000;
|
15 |
| 45% of annual gross gaming receipts in excess of |
16 |
| $150,000,000 but not
exceeding $200,000,000;
|
17 |
| 50% of annual gross gaming receipts in excess of |
18 |
| $200,000,000.
|
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 organization licensee to the Board not |
24 |
| later than 3:00 o'clock p.m. of the day after the day
when the |
25 |
| wagers were made.
|
26 |
| (a-15) If the privilege tax imposed under subsection (a-3) |
|
|
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09500SB0011sam001 |
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|
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| 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 |
|
|
|
09500SB0011sam001 |
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|
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| 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 |
|
|
|
09500SB0011sam001 |
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|
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| 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
this amendatory Act of the 94th General Assembly are |
8 |
| intended to restate and clarify the intent of Public Act 94-673 |
9 |
| with respect to the amount of the payments required to be made |
10 |
| under this subsection by an owners licensee to the 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. Except as otherwise provided in this subsection (b), |
16 |
| beginning
Beginning January 1, 1998, from the tax revenue
from |
17 |
| riverboat and casino gambling deposited in the State Gaming |
18 |
| Fund under this Section, an amount equal to 5% of
adjusted
|
19 |
| gross gaming receipts generated by a riverboat and an amount |
20 |
| equal to 20% of gross gaming receipts generated by a casino
|
21 |
| shall be paid monthly, subject
to appropriation by the General |
22 |
| Assembly, to the unit of local government that
is designated as |
23 |
| the home dock of the riverboat , the municipality in which the |
24 |
| casino is located, or the unit of local government in which the |
25 |
| wagering facility conducting electronic poker is located . From |
26 |
| the tax revenue
deposited in the State Gaming Fund pursuant to |
|
|
|
09500SB0011sam001 |
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|
1 |
| riverboat gambling operations
conducted by a licensed manager |
2 |
| on behalf of the State, an amount equal to 5%
of adjusted gross |
3 |
| gaming receipts generated pursuant to those riverboat gambling
|
4 |
| operations shall be paid monthly,
subject to appropriation by |
5 |
| the General Assembly, to the unit of local
government that is |
6 |
| designated as the home dock of the riverboat upon which
those |
7 |
| riverboat gambling operations are conducted.
|
8 |
| (b-5) An amount equal to 1% of the moneys in the State |
9 |
| Gaming Fund (but not more than $10,000,000 annually) shall be |
10 |
| transferred monthly to the Depressed Communities Economic |
11 |
| Development Fund, which is created in the State treasury. The |
12 |
| Department of Commerce and Economic Opportunity shall |
13 |
| administer the Fund and use moneys in the Fund to make grants |
14 |
| in accordance with the recommendations of the Depressed |
15 |
| Communities Economic Development Board.
|
16 |
| (c) Appropriations, as approved by the General Assembly, |
17 |
| may be made
from the State Gaming Fund to the Department of |
18 |
| Revenue and the Department
of State Police for the |
19 |
| administration and enforcement of this Act, or to the
|
20 |
| Department of Human Services for the administration of programs |
21 |
| to treat
problem gambling.
|
22 |
| (c-5) (Blank).
Before the effective date of
this amendatory |
23 |
| Act of the 94th General Assembly and beginning 2 years after |
24 |
| the effective date of
this amendatory Act of the 94th General |
25 |
| Assembly, after the payments required under subsections (b) and |
26 |
| (c) have been
made, an amount equal to 15% of the adjusted |
|
|
|
09500SB0011sam001 |
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|
|
1 |
| gross receipts of (1) an owners
licensee that relocates |
2 |
| pursuant to Section 11.2,
(2) an owners licensee
conducting |
3 |
| riverboat gambling operations
pursuant to an
owners license |
4 |
| that is initially issued after June
25, 1999,
or (3) the first
|
5 |
| riverboat gambling operations conducted by a licensed manager |
6 |
| on behalf of the
State under Section 7.3,
whichever comes |
7 |
| first, shall be paid from the State
Gaming Fund into the Horse |
8 |
| Racing Equity Fund.
|
9 |
| (c-10) (Blank).
Each year the General Assembly shall |
10 |
| appropriate from the General
Revenue Fund to the Education |
11 |
| Assistance Fund an amount equal to the amount
paid into the |
12 |
| Horse Racing Equity Fund pursuant to subsection (c-5) in the
|
13 |
| prior calendar year.
|
14 |
| (c-15) (Blank).
After the payments required under |
15 |
| subsections (b), (c), and (c-5)
have been made, an amount equal |
16 |
| to 2% of the adjusted gross receipts of (1)
an owners licensee |
17 |
| that relocates pursuant to Section 11.2, (2) an owners
licensee |
18 |
| conducting riverboat gambling operations pursuant to
an
owners |
19 |
| license that is initially issued after June 25, 1999,
or (3) |
20 |
| the first
riverboat gambling operations conducted by a licensed |
21 |
| manager on behalf of the
State under Section 7.3,
whichever |
22 |
| comes first, shall be paid, subject to appropriation
from the |
23 |
| General Assembly, from the State Gaming Fund to each home rule
|
24 |
| county with a population of over 3,000,000 inhabitants for the |
25 |
| purpose of
enhancing the county's criminal justice system.
|
26 |
| (c-20) (Blank).
Each year the General Assembly shall |
|
|
|
09500SB0011sam001 |
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|
|
1 |
| appropriate from the General
Revenue Fund to the Education |
2 |
| Assistance Fund an amount equal to the amount
paid to each home |
3 |
| rule county with a population of over 3,000,000 inhabitants
|
4 |
| pursuant to subsection (c-15) in the prior calendar year.
|
5 |
| (c-25) After the payments required under subsections (b) |
6 |
| and , (c) , (c-5) and
(c-15) have been made, an amount equal to |
7 |
| 2% of the
adjusted gross gaming receipts of (1) each
an owners |
8 |
| licensee
that
relocates pursuant to Section 11.2 and , (2) each
|
9 |
| an
owners
licensee conducting riverboat or casino gambling |
10 |
| operations pursuant to
an
owners license
that is initially |
11 |
| issued after June 25, 1999 ,
or (3) the first
riverboat gambling |
12 |
| operations conducted by a licensed manager on behalf of the
|
13 |
| State under Section 7.3,
whichever
comes first,
shall be paid |
14 |
| from the State
Gaming Fund to Chicago State University.
|
15 |
| (c-35) After the payments required under subsections (b), |
16 |
| (b-5), (c), and (c-25) have been made, an amount equal to 1% of |
17 |
| the gross gaming receipts of an owners licensee that docks on |
18 |
| the Mississippi River, the Illinois River, or the Ohio River |
19 |
| shall be paid, subject to appropriation by the General |
20 |
| Assembly, from the State
Gaming Fund to qualifying |
21 |
| municipalities within 50 miles of the home dock of the |
22 |
| riverboat. The amount paid under this subsection (c-35) to each |
23 |
| qualifying municipality shall be based on the proportion that |
24 |
| the number of persons living at or below the poverty level in |
25 |
| the qualifying municipality bears to the total number of |
26 |
| persons living at or below the poverty level in qualifying |
|
|
|
09500SB0011sam001 |
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|
|
1 |
| municipalities that are within 50 miles of the owners |
2 |
| licensee's home dock. If 2 or more owners licensees that dock |
3 |
| on the Mississippi River, the Illinois River, or the Ohio River |
4 |
| are within 50 miles of each other, payments required under this |
5 |
| subsection (c-35) from the gross gaming receipts of those |
6 |
| owners licensees shall be commingled and paid to qualifying |
7 |
| municipalities that are within 50 miles of at least one of |
8 |
| those owners licensee's home docks. For the purposes of this |
9 |
| subsection (c-35), the term "qualifying municipality" means a |
10 |
| municipality, other than a municipality in which a riverboat |
11 |
| docks, in which the poverty rate as determined by using the |
12 |
| most recent data released by the United States Census Bureau is |
13 |
| at least 3% greater than the State poverty rate as determined |
14 |
| by using the most recent data released by the United States |
15 |
| Census Bureau. |
16 |
| (c-40) After the payments required under subsections (b), |
17 |
| (b-5), (c),
(c-25), and (c-35) have been made, an amount equal |
18 |
| to 1% of the gross gaming receipts of an owners licensee that |
19 |
| (i) docks on the Fox River or the Des Plaines River or (ii) is |
20 |
| authorized under subsection (e-5) of Section 7, shall be paid, |
21 |
| subject to appropriation by the General Assembly, from the |
22 |
| State
Gaming Fund to qualifying municipalities within 20 miles |
23 |
| of the home dock of the riverboat. The amount paid under this |
24 |
| subsection (c-40) to each qualifying municipality shall be |
25 |
| based on the proportion that the number of persons living at or |
26 |
| below the poverty level in the qualifying municipality bears to |
|
|
|
09500SB0011sam001 |
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|
|
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| the total number of persons living at or below the poverty |
2 |
| level in qualifying municipalities that are within 20 miles of |
3 |
| the owners licensee's home dock. If the home docks of 2 or more |
4 |
| owners licensees that (i) dock on the Fox River or the Des |
5 |
| Plaines River or (ii) are authorized under subsection (e-5) of |
6 |
| Section 7 are within 20 miles of each other, payments required |
7 |
| under this subsection (c-40) from the gross gaming receipts of |
8 |
| those owners licensees shall be commingled and paid to |
9 |
| qualifying municipalities that are within 20 miles of at least |
10 |
| one of those owners licensee's home docks. For the purposes of |
11 |
| this subsection (c-40), the term "qualifying municipality" |
12 |
| means a municipality, other than the City of Chicago or a |
13 |
| municipality in which a riverboat docks, in which the poverty |
14 |
| rate as determined by using the most recent data released by |
15 |
| the United States Census Bureau is at least 3% greater than the |
16 |
| State poverty rate as determined by using the most recent data |
17 |
| released by the United States Census Bureau.
|
18 |
| (c-45) After the payments required under subsections (b), |
19 |
| (b-5), (c),
(c-25), (c-35), and (c-40) have been made, an |
20 |
| amount equal to 1% of the gross gaming receipts of an owners |
21 |
| licensee that is authorized under subsection (e-6) of Section |
22 |
| 7, shall be paid, subject to appropriation by the General |
23 |
| Assembly, from the State
Gaming Fund to qualifying |
24 |
| municipalities within 10 miles of the casino. The amount paid |
25 |
| under this subsection (c-45) to each qualifying municipality |
26 |
| shall be based on the proportion that the number of persons |
|
|
|
09500SB0011sam001 |
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|
|
1 |
| living at or below the poverty level in the qualifying |
2 |
| municipality bears to the total number of persons living at or |
3 |
| below the poverty level in qualifying municipalities that are |
4 |
| within 10 miles of the casino. For the purposes of this |
5 |
| subsection (c-45), the term "qualifying municipality" means a |
6 |
| municipality, other than the City of Chicago, a municipality in |
7 |
| which a riverboat docks, or a municipality that received |
8 |
| payment under subsection (c-35) or (c-40), in which the poverty |
9 |
| rate as determined by using the most recent data released by |
10 |
| the United States Census Bureau is at least 3% greater than the |
11 |
| State poverty rate as determined by using the most recent data |
12 |
| released by the United States Census Bureau.
|
13 |
| (c-60) After the payments required under subsections (b), |
14 |
| (b-5), (c),
(c-25), (c-35), (c-40), and (c-45) have been made, |
15 |
| an amount equal to 0.93% of the gross gaming receipts from |
16 |
| owners licensees authorized under Sections 7(e-5) and 7(e-6), |
17 |
| but in no case more than $3,750,000 per year, shall be reserved |
18 |
| for the Board and may be used by the Board, subject to |
19 |
| appropriation, for the administration and enforcement of this |
20 |
| Act. Moneys reserved for the Board under this subsection (c-60) |
21 |
| shall not be deposited into the Education Assistance Fund.
|
22 |
| (c-65) After the payments required under subsections (b), |
23 |
| (b-5), (c),
(c-25), (c-35), (c-40), (c-45), and (c-60) have |
24 |
| been made, an amount equal to 8% of the gross gaming receipts |
25 |
| from owners licensees authorized under Sections 7(e-5) and |
26 |
| 7(e-6), but in no case more than $200,000,000 per year, shall |
|
|
|
09500SB0011sam001 |
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|
|
1 |
| be transferred from the State Gaming Fund to the General |
2 |
| Obligation Bond Retirement and Interest Fund.
|
3 |
| (c-70) After the payments required under subsections (b), |
4 |
| (b-5), (c),
(c-25), (c-35), (c-40), (c-45), (c-60) have been |
5 |
| made, the remainder of the gross gaming receipts from owners |
6 |
| licensees authorized under Sections 7(e-5) and 7(e-6) shall be |
7 |
| transferred from the State Gaming Fund to the General Revenue |
8 |
| Fund.
|
9 |
| (d) From time to time, the
Board shall transfer the |
10 |
| remainder of the funds
generated by this Act into the Education
|
11 |
| Assistance Fund, created by Public Act 86-0018, of the State of |
12 |
| Illinois.
|
13 |
| (e) Nothing in this Act shall prohibit the unit of local |
14 |
| government
designated as the home dock of the riverboat , or the |
15 |
| municipality in which the casino is located, from entering into |
16 |
| agreements
with other units of local government in this State |
17 |
| or in other states to
share its portion of the tax revenue.
|
18 |
| (f) To the extent practicable, the Board shall administer |
19 |
| and collect the
wagering taxes imposed by this Section in a |
20 |
| manner consistent with the
provisions of Sections 4, 5, 5a, 5b, |
21 |
| 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of the |
22 |
| Retailers' Occupation Tax Act and Section 3-7 of the
Uniform |
23 |
| Penalty and Interest Act.
|
24 |
| (Source: P.A. 93-27, eff. 6-20-03; 93-28, eff. 6-20-03; 94-673, |
25 |
| eff. 8-23-05; 94-804, eff. 5-26-06; 94-839, eff. 6-6-06; |
26 |
| revised 8-3-06.)
|
|
|
|
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|
1 |
| (230 ILCS 10/14)
(from Ch. 120, par. 2414)
|
2 |
| Sec. 14. Licensees - Records - Reports - Supervision.
|
3 |
| (a) A Licensed owners and organization licensees |
4 |
| conducting electronic poker
owner
shall
keep their
his books |
5 |
| and records so as to clearly show the following:
|
6 |
| (1) The amount received daily from admission fees.
|
7 |
| (2) The total amount of whole gaming
gross receipts.
|
8 |
| (3) The total amount of the adjusted gross gaming receipts.
|
9 |
| (b) The Licensed owners and organization licensees
owner
|
10 |
| shall
furnish to the Board reports and information as
the Board |
11 |
| may require with respect to its activities on forms designed |
12 |
| and
supplied for such purpose by the Board.
|
13 |
| (c) The books and records kept by a licensed owner or |
14 |
| organization licensee as provided by this Section are
public |
15 |
| records and the examination, publication, and dissemination of |
16 |
| the
books and records are governed by the provisions of The |
17 |
| Freedom of Information
Act.
|
18 |
| (Source: P.A. 86-1029.)
|
19 |
| (230 ILCS 10/18)
(from Ch. 120, par. 2418)
|
20 |
| Sec. 18. Prohibited Activities - Penalty.
|
21 |
| (a) A person is guilty of a Class A misdemeanor for doing |
22 |
| any of the
following:
|
23 |
| (1) Conducting gambling where wagering
is used or to be |
24 |
| used
without a license or authorization issued by the |
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| Board.
|
2 |
| (2) Conducting gambling where wagering
is permitted |
3 |
| other
than in the manner specified by Section 11.
|
4 |
| (b) A person is guilty of a Class B misdemeanor for doing |
5 |
| any of the
following:
|
6 |
| (1) permitting a person under 21 years to make a wager; |
7 |
| or
|
8 |
| (2) violating paragraph (12) of subsection (a) of |
9 |
| Section 11 of this Act.
|
10 |
| (c) A person wagering or accepting a wager at any location |
11 |
| outside the
riverboat , casino, or wagering facility in |
12 |
| violation of paragraph
is
subject
to the penalties in |
13 |
| paragraphs (1) or (2) of
subsection (a) of Section 28-1 of the |
14 |
| Criminal Code of 1961 is subject to the
penalties provided in |
15 |
| that Section .
|
16 |
| (d) A person commits a Class 4 felony and, in addition, |
17 |
| shall be barred
for life from gambling operations
riverboats
|
18 |
| under the jurisdiction of
the
Board, if the person does any of |
19 |
| the following:
|
20 |
| (1) Offers, promises, or gives anything of value or |
21 |
| benefit to a person
who is connected with a riverboat or |
22 |
| casino owner
or organization licensee, including, but
not |
23 |
| limited to, an officer or employee of a licensed owner , |
24 |
| organization licensee or holder of an
occupational license |
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| pursuant to an agreement or arrangement or with the
intent |
26 |
| that the promise or thing of value or benefit will |
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| influence the
actions of the person to whom the offer, |
2 |
| promise, or gift was made in order
to affect or attempt to |
3 |
| affect the outcome of a gambling game, or to
influence |
4 |
| official action of a member of the Board.
|
5 |
| (2) Solicits or knowingly accepts or receives a promise |
6 |
| of anything of
value or benefit while the person is |
7 |
| connected with a riverboat , casino, or wagering facility,
|
8 |
| including, but not limited to, an officer or
employee of a
|
9 |
| licensed owner,
an organization licensee, or the holder of |
10 |
| an occupational license, pursuant to an understanding or
|
11 |
| arrangement or with the intent that the promise or thing of |
12 |
| value or
benefit will influence the actions of the person |
13 |
| to affect or attempt to
affect the outcome of a gambling |
14 |
| game, or to influence official action of a
member of the |
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| Board.
|
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| (3) Uses or possesses with the intent to use a device |
17 |
| to assist:
|
18 |
| (i) In projecting the outcome of the game.
|
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| (ii) In keeping track of the cards played.
|
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| (iii) In analyzing the probability of the |
21 |
| occurrence of an event
relating to the gambling game.
|
22 |
| (iv) In analyzing the strategy for playing or |
23 |
| betting to be used in the
game except as permitted by |
24 |
| the Board.
|
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| (4) Cheats at a gambling game.
|
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| (5) Manufactures, sells, or distributes any cards, |
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| chips, dice, game or
device which is intended to be used to |
2 |
| violate any provision of this Act.
|
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| (6) Alters or misrepresents the outcome of a gambling |
4 |
| game on which
wagers have been made after the outcome is |
5 |
| made sure but before it is
revealed to the players.
|
6 |
| (7) Places a bet after acquiring knowledge, not |
7 |
| available to all players,
of the outcome of the gambling |
8 |
| game which is subject of the bet or to aid a
person in |
9 |
| acquiring the knowledge for the purpose of placing a bet
|
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| contingent on that outcome.
|
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| (8) Claims, collects, or takes, or attempts to claim, |
12 |
| collect, or take,
money or anything of value in or from the |
13 |
| gambling games, with intent to
defraud, without having made |
14 |
| a wager contingent on winning a gambling game,
or claims, |
15 |
| collects, or takes an amount of money or thing of value of
|
16 |
| greater value than the amount won.
|
17 |
| (9) Uses counterfeit chips or tokens in a gambling |
18 |
| game.
|
19 |
| (10) Possesses any key or device designed for the |
20 |
| purpose of opening,
entering, or affecting the operation of |
21 |
| a gambling game, drop box, or an
electronic or mechanical |
22 |
| device connected with the gambling game or for
removing |
23 |
| coins, tokens, chips or other contents of a gambling game. |
24 |
| This
paragraph (10) does not apply to a gambling licensee |
25 |
| or employee of a
gambling licensee acting in furtherance of |
26 |
| the employee's employment.
|
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| (e) The possession of more than one of the devices |
2 |
| described in
subsection (d), paragraphs (3), (5) or (10) |
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| permits a rebuttable
presumption that the possessor intended to |
4 |
| use the devices for cheating.
|
5 |
| An action to prosecute any crime occurring on a riverboat |
6 |
| or in a casino
shall be tried in the county of the dock at which |
7 |
| the riverboat is based or in the county in which the casino is |
8 |
| located .
|
9 |
| (Source: P.A. 91-40, eff. 6-25-99.)
|
10 |
| (230 ILCS 10/19) (from Ch. 120, par. 2419)
|
11 |
| Sec. 19. Forfeiture of property. (a) Except as provided in
|
12 |
| subsection (b), any riverboat
or wagering facility at which |
13 |
| electronic poker is conducted used for the conduct of gambling |
14 |
| games in violation of this Act shall be
considered a gambling |
15 |
| place in violation of Section 28-3 of the Criminal
Code of |
16 |
| 1961, as now or hereafter amended. Every gambling device found |
17 |
| on
a riverboat operating gambling games or wagering facility at |
18 |
| which electronic poker is conducted in violation of this
Act |
19 |
| shall be subject to seizure, confiscation and destruction as |
20 |
| provided
in Section 28-5 of the Criminal Code of 1961, as now |
21 |
| or hereafter amended.
|
22 |
| (b) It is not a violation of this Act for a riverboat or |
23 |
| other
watercraft which is licensed for gaming by a contiguous |
24 |
| state to dock on
the shores of this State if the municipality |
25 |
| having jurisdiction of the
shores, or the county in the case of |
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| unincorporated areas, has granted
permission for docking and no |
2 |
| gaming is conducted on the riverboat or other
watercraft while |
3 |
| it is docked on the shores of this State.
No gambling device |
4 |
| shall be subject to seizure, confiscation or
destruction if the |
5 |
| gambling device is located on a riverboat or other
watercraft |
6 |
| which is licensed for gaming by a contiguous state and which is
|
7 |
| docked on the shores of this State if the municipality having |
8 |
| jurisdiction
of the shores, or the county in the case of |
9 |
| unincorporated areas, has
granted permission for docking and no
|
10 |
| gaming is conducted on the riverboat or other watercraft while |
11 |
| it is docked on
the shores of this State.
|
12 |
| (Source: P.A. 86-1029.)
|
13 |
| (230 ILCS 10/20)
(from Ch. 120, par. 2420)
|
14 |
| Sec. 20. Prohibited activities - civil penalties. Any |
15 |
| person who
conducts a gambling operation without first |
16 |
| obtaining a license to do so, or
who continues to conduct such |
17 |
| games after revocation of his license, or any
licensee who |
18 |
| conducts or allows to be conducted any unauthorized gambling |
19 |
| games
on a riverboat , in a casino, or at a wagering facility
|
20 |
| where it is authorized to conduct its riverboat gambling |
21 |
| operation, in
addition to
other penalties provided, shall be |
22 |
| subject to a civil penalty equal to the
amount of whole gaming
|
23 |
| gross receipts derived from wagering on the gambling games,
|
24 |
| whether unauthorized or authorized, conducted on that day as |
25 |
| well as
confiscation and forfeiture of all gambling game |
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| equipment used in the
conduct of unauthorized gambling games.
|
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| (Source: P.A. 86-1029.)
|
3 |
| (230 ILCS 10/23) (from Ch. 120, par. 2423)
|
4 |
| Sec. 23. The State Gaming Fund. On or after the effective |
5 |
| date of
this Act, except as provided for payments into the |
6 |
| Horse Racing Equity Trust Fund under subsection (a) of Section |
7 |
| 7, all of the fees and taxes collected pursuant to
this Act |
8 |
| shall be deposited into the State Gaming Fund, a
special fund |
9 |
| in the State Treasury, which is hereby created. The adjusted
|
10 |
| gross gaming receipts of any riverboat gambling operations |
11 |
| conducted by a licensed
manager on behalf of the State |
12 |
| remaining after the payment of the fees and
expenses of the |
13 |
| licensed manager shall be deposited into the State Gaming
Fund. |
14 |
| Fines and
penalties collected pursuant to this Act shall be |
15 |
| deposited into the
Education Assistance Fund, created by Public |
16 |
| Act 86-0018, of the State of
Illinois.
|
17 |
| (Source: P.A. 93-28, eff. 6-20-03; 94-804, eff. 5-26-06.)
|
18 |
| Section 50. The Liquor Control Act of 1934 is amended by |
19 |
| changing Sections 5-1 and 6-30 as follows:
|
20 |
| (235 ILCS 5/5-1) (from Ch. 43, par. 115)
|
21 |
| Sec. 5-1. Licenses issued by the Illinois Liquor Control |
22 |
| Commission
shall be of the following classes:
|
23 |
| (a) Manufacturer's license - Class 1.
Distiller, Class 2. |
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| Rectifier, Class 3. Brewer, Class 4. First Class Wine
|
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| Manufacturer, Class 5. Second Class Wine Manufacturer,
Class 6. |
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| First Class Winemaker, Class 7. Second Class Winemaker, Class |
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| 8.
Limited Wine Manufacturer,
|
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| (b) Distributor's license,
|
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| (c) Importing Distributor's license,
|
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| (d) Retailer's license,
|
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| (e) Special Event Retailer's license (not-for-profit),
|
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| (f) Railroad license,
|
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| (g) Boat license,
|
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| (h) Non-Beverage User's license,
|
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| (i) Wine-maker's premises license,
|
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| (j) Airplane license,
|
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| (k) Foreign importer's license,
|
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| (l) Broker's license,
|
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| (m) Non-resident dealer's
license,
|
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| (n) Brew Pub license,
|
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| (o) Auction liquor license,
|
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| (p) Caterer retailer license,
|
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| (q) Special use permit license.
|
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| No
person, firm, partnership, corporation, or other legal |
22 |
| business entity that is
engaged in the manufacturing of wine |
23 |
| may concurrently obtain and hold a
wine-maker's license and a |
24 |
| wine manufacturer's license.
|
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| (a) A manufacturer's license shall allow the manufacture,
|
26 |
| importation in bulk, storage, distribution and sale of |
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| alcoholic liquor
to persons without the State, as may be |
2 |
| permitted by law and to licensees
in this State as follows:
|
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| Class 1. A Distiller may make sales and deliveries of |
4 |
| alcoholic liquor to
distillers, rectifiers, importing |
5 |
| distributors, distributors and
non-beverage users and to no |
6 |
| other licensees.
|
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| Class 2. A Rectifier, who is not a distiller, as defined |
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| herein, may make
sales and deliveries of alcoholic liquor to |
9 |
| rectifiers, importing distributors,
distributors, retailers |
10 |
| and non-beverage users and to no other licensees.
|
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| Class 3. A Brewer may make sales and deliveries of beer to |
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| importing
distributors, distributors, and to non-licensees, |
13 |
| and to
retailers provided the brewer obtains an importing |
14 |
| distributor's license or
distributor's license in accordance |
15 |
| with the provisions of this Act.
|
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| Class 4. A first class wine-manufacturer may make sales and |
17 |
| deliveries of
up to 50,000 gallons of wine to manufacturers,
|
18 |
| importing
distributors and distributors, and to no other |
19 |
| licensees.
|
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| Class 5. A second class Wine manufacturer may make sales |
21 |
| and deliveries
of more than 50,000 gallons of wine to |
22 |
| manufacturers, importing distributors
and distributors and to |
23 |
| no other licensees.
|
24 |
| Class 6. A first-class wine-maker's license shall allow the |
25 |
| manufacture
of up to 50,000 gallons of wine per year, and the
|
26 |
| storage
and sale of such
wine to distributors in the State and |
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| to persons without the
State, as may be permitted by law. A |
2 |
| first-class wine-maker's license shall
allow the sale of no |
3 |
| more than 5,000
gallons of the licensee's wine to retailers. |
4 |
| The State Commission shall issue
only one first-class |
5 |
| wine-maker's license to any person, firm, partnership,
|
6 |
| corporation, or other legal business entity that is engaged in |
7 |
| the making of
less than 50,000 gallons of wine annually that |
8 |
| applies for a first-class
wine-maker's license. No subsidiary |
9 |
| or affiliate thereof, nor any officer,
associate, member, |
10 |
| partner, representative, employee, agent, or shareholder may
|
11 |
| be issued an additional wine-maker's license by the State |
12 |
| Commission.
|
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| Class 7. A second-class wine-maker's license shall allow |
14 |
| the manufacture
of between 50,000 and 100,000 gallons of wine |
15 |
| per year, and
the
storage and sale of such wine
to distributors |
16 |
| in this State and to persons without the State, as may be
|
17 |
| permitted by law. A second-class wine-maker's license shall |
18 |
| allow the sale
of
no more than 10,000 gallons of the licensee's |
19 |
| wine directly to retailers.
The State Commission shall issue |
20 |
| only one second-class wine-maker's license
to any person, firm, |
21 |
| partnership, corporation, or other legal business entity
that |
22 |
| is engaged in the making of less than 100,000 gallons of wine |
23 |
| annually
that applies for a second-class wine-maker's license. |
24 |
| No subsidiary or
affiliate thereof, or any officer, associate, |
25 |
| member, partner, representative,
employee, agent, or |
26 |
| shareholder may be issued an additional wine-maker's
license by |
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| the State Commission.
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| Class 8. A limited wine-manufacturer may make sales and |
3 |
| deliveries not to
exceed 40,000 gallons of wine per year to |
4 |
| distributors, and to
non-licensees in accordance with the |
5 |
| provisions of this Act.
|
6 |
| (a-1) A manufacturer which is licensed in this State to |
7 |
| make sales or
deliveries of alcoholic liquor and which enlists |
8 |
| agents, representatives, or
individuals acting on its behalf |
9 |
| who contact licensed retailers on a regular
and continual basis |
10 |
| in this State must register those agents, representatives,
or |
11 |
| persons acting on its behalf with the State Commission.
|
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| Registration of agents, representatives, or persons acting |
13 |
| on behalf of a
manufacturer is fulfilled by submitting a form |
14 |
| to the Commission. The form
shall be developed by the |
15 |
| Commission and shall include the name and address of
the |
16 |
| applicant, the name and address of the manufacturer he or she |
17 |
| represents,
the territory or areas assigned to sell to or |
18 |
| discuss pricing terms of
alcoholic liquor, and any other |
19 |
| questions deemed appropriate and necessary.
All statements in |
20 |
| the forms required to be made by law or by rule shall be
deemed |
21 |
| material, and any person who knowingly misstates any material |
22 |
| fact under
oath in an application is guilty of a Class B |
23 |
| misdemeanor. Fraud,
misrepresentation, false statements, |
24 |
| misleading statements, evasions, or
suppression of material |
25 |
| facts in the securing of a registration are grounds for
|
26 |
| suspension or revocation of the registration.
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| (b) A distributor's license shall allow the wholesale |
2 |
| purchase and storage
of alcoholic liquors and sale of alcoholic |
3 |
| liquors to licensees
in this State and to persons without the |
4 |
| State, as may be permitted by law.
|
5 |
| (c) An importing distributor's license may be issued to and |
6 |
| held by
those only who are duly licensed distributors, upon the |
7 |
| filing of an
application by a duly licensed distributor, with |
8 |
| the Commission and
the Commission shall, without the
payment of |
9 |
| any fee, immediately issue such importing distributor's
|
10 |
| license to the applicant, which shall allow the importation of |
11 |
| alcoholic
liquor by the licensee into this State from any point |
12 |
| in the United
States outside this State, and the purchase of |
13 |
| alcoholic liquor in
barrels, casks or other bulk containers and |
14 |
| the bottling of such
alcoholic liquors before resale thereof, |
15 |
| but all bottles or containers
so filled shall be sealed, |
16 |
| labeled, stamped and otherwise made to comply
with all |
17 |
| provisions, rules and regulations governing manufacturers in
|
18 |
| the preparation and bottling of alcoholic liquors. The |
19 |
| importing
distributor's license shall permit such licensee to |
20 |
| purchase alcoholic
liquor from Illinois licensed non-resident |
21 |
| dealers and foreign importers only.
|
22 |
| (d) A retailer's license shall allow the licensee to sell |
23 |
| and offer
for sale at retail, only in the premises specified in |
24 |
| the license,
alcoholic liquor for use or consumption, but not |
25 |
| for resale in any form:
Provided that any retail license issued |
26 |
| to a manufacturer shall only
permit the manufacturer to sell |
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| beer at retail on the premises actually
occupied by the |
2 |
| manufacturer. For the purpose of further describing the type of |
3 |
| business conducted at a retail licensed premises, a retailer's |
4 |
| licensee may be designated by the State Commission as (i) an on |
5 |
| premise consumption retailer, (ii) an off premise sale |
6 |
| retailer, or (iii) a combined on premise consumption and off |
7 |
| premise sale retailer.
|
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| Notwithstanding any other provision of this subsection |
9 |
| (d), a retail
licensee may sell alcoholic liquors to a special |
10 |
| event retailer licensee for
resale to the extent permitted |
11 |
| under subsection (e).
|
12 |
| (e) A special event retailer's license (not-for-profit) |
13 |
| shall permit the
licensee to purchase alcoholic liquors from an |
14 |
| Illinois licensed distributor
(unless the licensee purchases |
15 |
| less than $500 of alcoholic liquors for the
special event, in |
16 |
| which case the licensee may purchase the alcoholic liquors
from |
17 |
| a licensed retailer) and shall allow the licensee to sell and |
18 |
| offer for
sale, at retail, alcoholic liquors for use or |
19 |
| consumption, but not for resale
in any form and only at the |
20 |
| location and on the specific dates designated for
the special |
21 |
| event in the license. An applicant for a special event retailer
|
22 |
| license must
(i) furnish with the application: (A) a resale |
23 |
| number issued under Section
2c of the Retailers' Occupation Tax |
24 |
| Act or evidence that the applicant is
registered under Section |
25 |
| 2a of the Retailers' Occupation Tax Act, (B) a
current, valid |
26 |
| exemption identification
number issued under Section 1g of the |
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| Retailers' Occupation Tax Act, and a
certification to the |
2 |
| Commission that the purchase of alcoholic liquors will be
a |
3 |
| tax-exempt purchase, or (C) a statement that the applicant is |
4 |
| not registered
under Section 2a of the Retailers' Occupation |
5 |
| Tax Act, does not hold a resale
number under Section 2c of the |
6 |
| Retailers' Occupation Tax Act, and does not
hold an exemption |
7 |
| number under Section 1g of the Retailers' Occupation Tax
Act, |
8 |
| in which event the Commission shall set forth on the special |
9 |
| event
retailer's license a statement to that effect; (ii) |
10 |
| submit with the application proof satisfactory to
the State |
11 |
| Commission that the applicant will provide dram shop liability
|
12 |
| insurance in the maximum limits; and (iii) show proof |
13 |
| satisfactory to the
State Commission that the applicant has |
14 |
| obtained local authority
approval.
|
15 |
| (f) A railroad license shall permit the licensee to import |
16 |
| alcoholic
liquors into this State from any point in the United |
17 |
| States outside this
State and to store such alcoholic liquors |
18 |
| in this State; to make wholesale
purchases of alcoholic liquors |
19 |
| directly from manufacturers, foreign
importers, distributors |
20 |
| and importing distributors from within or outside
this State; |
21 |
| and to store such alcoholic liquors in this State; provided
|
22 |
| that the above powers may be exercised only in connection with |
23 |
| the
importation, purchase or storage of alcoholic liquors to be |
24 |
| sold or
dispensed on a club, buffet, lounge or dining car |
25 |
| operated on an electric,
gas or steam railway in this State; |
26 |
| and provided further, that railroad
licensees exercising the |
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
|
|
1 |
| above powers shall be subject to all provisions of
Article VIII |
2 |
| of this Act as applied to importing distributors. A railroad
|
3 |
| license shall also permit the licensee to sell or dispense |
4 |
| alcoholic
liquors on any club, buffet, lounge or dining car |
5 |
| operated on an electric,
gas or steam railway regularly |
6 |
| operated by a common carrier in this State,
but shall not |
7 |
| permit the sale for resale of any alcoholic liquors to any
|
8 |
| licensee within this State. A license shall be obtained for |
9 |
| each car in which
such sales are made.
|
10 |
| (g) A boat license shall allow the sale of alcoholic liquor |
11 |
| in
individual drinks, on any passenger boat regularly operated |
12 |
| as a common
carrier on navigable waters in this State or on any |
13 |
| riverboat operated
under
the Riverboat and Casino Gambling Act, |
14 |
| which boat or riverboat maintains a public
dining room or |
15 |
| restaurant thereon.
|
16 |
| (h) A non-beverage user's license shall allow the licensee |
17 |
| to
purchase alcoholic liquor from a licensed manufacturer or |
18 |
| importing
distributor, without the imposition of any tax upon |
19 |
| the business of such
licensed manufacturer or importing |
20 |
| distributor as to such alcoholic
liquor to be used by such |
21 |
| licensee solely for the non-beverage purposes
set forth in |
22 |
| subsection (a) of Section 8-1 of this Act, and
such licenses |
23 |
| shall be divided and classified and shall permit the
purchase, |
24 |
| possession and use of limited and stated quantities of
|
25 |
| alcoholic liquor as follows:
|
26 |
| Class 1, not to exceed ......................... 500 gallons
|
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
|
|
1 |
| Class 2, not to exceed ....................... 1,000 gallons
|
2 |
| Class 3, not to exceed ....................... 5,000 gallons
|
3 |
| Class 4, not to exceed ...................... 10,000 gallons
|
4 |
| Class 5, not to exceed ....................... 50,000 gallons
|
5 |
| (i) A wine-maker's premises license shall allow a
licensee |
6 |
| that concurrently holds a first-class wine-maker's license to |
7 |
| sell
and offer for sale at retail in the premises specified in |
8 |
| such license
not more than 50,000 gallons of the first-class |
9 |
| wine-maker's wine that is
made at the first-class wine-maker's |
10 |
| licensed premises per year for use or
consumption, but not for |
11 |
| resale in any form. A wine-maker's premises
license shall allow |
12 |
| a licensee who concurrently holds a second-class
wine-maker's |
13 |
| license to sell and offer for sale at retail in the premises
|
14 |
| specified in such license up to 100,000 gallons of the
|
15 |
| second-class wine-maker's wine that is made at the second-class |
16 |
| wine-maker's
licensed premises per year
for use or consumption |
17 |
| but not for resale in any form. A wine-maker's premises license |
18 |
| shall allow a
licensee that concurrently holds a first-class |
19 |
| wine-maker's license or a second-class
wine-maker's license to |
20 |
| sell
and offer for sale at retail at the premises specified in |
21 |
| the wine-maker's premises license, for use or consumption but |
22 |
| not for resale in any form, any beer, wine, and spirits |
23 |
| purchased from a licensed distributor. Upon approval from the
|
24 |
| State Commission, a wine-maker's premises license
shall allow |
25 |
| the licensee to sell and offer for sale at (i) the wine-maker's
|
26 |
| licensed premises and (ii) at up to 2 additional locations for |
|
|
|
09500SB0011sam001 |
- 198 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| use and
consumption and not for resale. Each location shall |
2 |
| require additional
licensing per location as specified in |
3 |
| Section 5-3 of this Act.
|
4 |
| (j) An airplane license shall permit the licensee to import
|
5 |
| alcoholic liquors into this State from any point in the United |
6 |
| States
outside this State and to store such alcoholic liquors |
7 |
| in this State; to
make wholesale purchases of alcoholic liquors |
8 |
| directly from
manufacturers, foreign importers, distributors |
9 |
| and importing
distributors from within or outside this State; |
10 |
| and to store such
alcoholic liquors in this State; provided |
11 |
| that the above powers may be
exercised only in connection with |
12 |
| the importation, purchase or storage
of alcoholic liquors to be |
13 |
| sold or dispensed on an airplane; and
provided further, that |
14 |
| airplane licensees exercising the above powers
shall be subject |
15 |
| to all provisions of Article VIII of this Act as
applied to |
16 |
| importing distributors. An airplane licensee shall also
permit |
17 |
| the sale or dispensing of alcoholic liquors on any passenger
|
18 |
| airplane regularly operated by a common carrier in this State, |
19 |
| but shall
not permit the sale for resale of any alcoholic |
20 |
| liquors to any licensee
within this State. A single airplane |
21 |
| license shall be required of an
airline company if liquor |
22 |
| service is provided on board aircraft in this
State. The annual |
23 |
| fee for such license shall be as determined in
Section 5-3.
|
24 |
| (k) A foreign importer's license shall permit such licensee |
25 |
| to purchase
alcoholic liquor from Illinois licensed |
26 |
| non-resident dealers only, and to
import alcoholic liquor other |
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
|
|
1 |
| than in bulk from any point outside the
United States and to |
2 |
| sell such alcoholic liquor to Illinois licensed
importing |
3 |
| distributors and to no one else in Illinois;
provided that the |
4 |
| foreign importer registers with the State Commission
every
|
5 |
| brand of
alcoholic liquor that it proposes to sell to Illinois |
6 |
| licensees during the
license period and
provided further that |
7 |
| the foreign importer complies with all of the provisions
of |
8 |
| Section
6-9 of this Act with respect to registration of such |
9 |
| Illinois licensees as may
be granted the
right to sell such |
10 |
| brands at wholesale.
|
11 |
| (l) (i) A broker's license shall be required of all persons
|
12 |
| who solicit
orders for, offer to sell or offer to supply |
13 |
| alcoholic liquor to
retailers in the State of Illinois, or who |
14 |
| offer to retailers to ship or
cause to be shipped or to make |
15 |
| contact with distillers, rectifiers,
brewers or manufacturers |
16 |
| or any other party within or without the State
of Illinois in |
17 |
| order that alcoholic liquors be shipped to a distributor,
|
18 |
| importing distributor or foreign importer, whether such |
19 |
| solicitation or
offer is consummated within or without the |
20 |
| State of Illinois.
|
21 |
| No holder of a retailer's license issued by the Illinois |
22 |
| Liquor
Control Commission shall purchase or receive any |
23 |
| alcoholic liquor, the
order for which was solicited or offered |
24 |
| for sale to such retailer by a
broker unless the broker is the |
25 |
| holder of a valid broker's license.
|
26 |
| The broker shall, upon the acceptance by a retailer of the |
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
|
|
1 |
| broker's
solicitation of an order or offer to sell or supply or |
2 |
| deliver or have
delivered alcoholic liquors, promptly forward |
3 |
| to the Illinois Liquor
Control Commission a notification of |
4 |
| said transaction in such form as
the Commission may by |
5 |
| regulations prescribe.
|
6 |
| (ii) A broker's license shall be required of
a person |
7 |
| within this State, other than a retail licensee,
who, for a fee |
8 |
| or commission, promotes, solicits, or accepts orders for
|
9 |
| alcoholic liquor, for use or consumption and not for
resale, to |
10 |
| be shipped from this State and delivered to residents outside |
11 |
| of
this State by an express company, common carrier, or |
12 |
| contract carrier.
This Section does not apply to any person who |
13 |
| promotes, solicits, or accepts
orders for wine as specifically |
14 |
| authorized in Section 6-29 of this Act.
|
15 |
| A broker's license under this subsection (1) shall not |
16 |
| entitle the holder to
buy or sell any
alcoholic liquors for his |
17 |
| own account or to take or deliver title to
such alcoholic |
18 |
| liquors.
|
19 |
| This subsection (1) shall not apply to distributors, |
20 |
| employees of
distributors, or employees of a manufacturer who |
21 |
| has registered the
trademark, brand or name of the alcoholic |
22 |
| liquor pursuant to Section 6-9
of this Act, and who regularly |
23 |
| sells such alcoholic liquor
in the State of Illinois only to |
24 |
| its registrants thereunder.
|
25 |
| Any agent, representative, or person subject to |
26 |
| registration pursuant to
subsection (a-1) of this Section shall |
|
|
|
09500SB0011sam001 |
- 201 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| not be eligible to receive a broker's
license.
|
2 |
| (m) A non-resident dealer's license shall permit such |
3 |
| licensee to ship
into and warehouse alcoholic liquor into this |
4 |
| State from any point
outside of this State, and to sell such |
5 |
| alcoholic liquor to Illinois licensed
foreign importers and |
6 |
| importing distributors and to no one else in this State;
|
7 |
| provided that said non-resident dealer shall register with the |
8 |
| Illinois Liquor
Control Commission each and every brand of |
9 |
| alcoholic liquor which it proposes
to sell to Illinois |
10 |
| licensees during the license period; and further provided
that |
11 |
| it shall comply with all of the provisions of Section 6-9 |
12 |
| hereof with
respect to registration of such Illinois licensees |
13 |
| as may be granted the right
to sell such brands at wholesale.
|
14 |
| (n) A brew pub license shall allow the licensee to |
15 |
| manufacture beer only
on the premises specified in the license, |
16 |
| to make sales of the
beer manufactured on the premises to |
17 |
| importing distributors, distributors,
and to non-licensees for |
18 |
| use and consumption, to store the beer upon
the premises, and |
19 |
| to sell and offer for sale at retail from the licensed
|
20 |
| premises, provided that a brew pub licensee shall not sell for |
21 |
| off-premises
consumption more than 50,000 gallons per year.
|
22 |
| (o) A caterer retailer license shall allow the holder
to |
23 |
| serve alcoholic liquors as an incidental part of a food service |
24 |
| that serves
prepared meals which excludes the serving of snacks |
25 |
| as
the primary meal, either on or off-site whether licensed or |
26 |
| unlicensed.
|
|
|
|
09500SB0011sam001 |
- 202 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| (p) An auction liquor license shall allow the licensee to |
2 |
| sell and offer
for sale at auction wine and spirits for use or |
3 |
| consumption, or for resale by
an Illinois liquor licensee in |
4 |
| accordance with provisions of this Act. An
auction liquor |
5 |
| license will be issued to a person and it will permit the
|
6 |
| auction liquor licensee to hold the auction anywhere in the |
7 |
| State. An auction
liquor license must be obtained for each |
8 |
| auction at least 14 days in advance of
the auction date.
|
9 |
| (q) A special use permit license shall allow an Illinois |
10 |
| licensed
retailer to transfer a portion of its alcoholic liquor |
11 |
| inventory from its
retail licensed premises to the premises |
12 |
| specified in the license hereby
created, and to sell or offer |
13 |
| for sale at retail, only in the premises
specified in the |
14 |
| license hereby created, the transferred alcoholic liquor for
|
15 |
| use or consumption, but not for resale in any form. A special |
16 |
| use permit
license may be granted for the following time |
17 |
| periods: one day or less; 2 or
more days to a maximum of 15 days |
18 |
| per location in any 12 month period. An
applicant for the |
19 |
| special use permit license must also submit with the
|
20 |
| application proof satisfactory to the State Commission that the |
21 |
| applicant will
provide dram shop liability insurance to the |
22 |
| maximum limits and have local
authority approval.
|
23 |
| (Source: P.A. 92-105, eff. 1-1-02; 92-378, eff. 8-16-01; |
24 |
| 92-651, eff. 7-11-02; 92-672, eff. 7-16-02; 93-923, eff. |
25 |
| 8-12-04; 93-1057, eff. 12-2-04; revised 12-6-04.)
|
|
|
|
09500SB0011sam001 |
- 203 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| (235 ILCS 5/6-30) (from Ch. 43, par. 144f)
|
2 |
| Sec. 6-30. Notwithstanding any other provision of this Act, |
3 |
| the
Illinois Gaming Board shall have exclusive authority to |
4 |
| establish the hours
for sale and consumption of alcoholic |
5 |
| liquor on board a riverboat during
riverboat gambling |
6 |
| excursions and in a casino conducted in accordance with the |
7 |
| Riverboat and Casino
Gambling Act.
|
8 |
| (Source: P.A. 87-826.)
|
9 |
| Section 55. The Criminal Code of 1961 is amended by |
10 |
| changing Sections 28-1, 28-1.1, 28-3,
28-5 and 28-7 as follows:
|
11 |
| (720 ILCS 5/28-1)
(from Ch. 38, par. 28-1)
|
12 |
| Sec. 28-1. Gambling.
|
13 |
| (a) A person commits gambling when he:
|
14 |
| (1) Plays a game of chance or skill for money or other |
15 |
| thing of
value, unless excepted in subsection (b) of this |
16 |
| Section; or
|
17 |
| (2) Makes a wager upon the result of any game, contest, |
18 |
| or any
political nomination, appointment or election; or
|
19 |
| (3) Operates, keeps, owns, uses, purchases, exhibits, |
20 |
| rents, sells,
bargains for the sale or lease of, |
21 |
| manufactures or distributes any
gambling device; or
|
22 |
| (4) Contracts to have or give himself or another the |
23 |
| option to buy
or sell, or contracts to buy or sell, at a |
24 |
| future time, any grain or
other commodity whatsoever, or |
|
|
|
09500SB0011sam001 |
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LRB095 04879 AMC 37001 a |
|
|
1 |
| any stock or security of any company,
where it is at the |
2 |
| time of making such contract intended by both parties
|
3 |
| thereto that the contract to buy or sell, or the option, |
4 |
| whenever
exercised, or the contract resulting therefrom, |
5 |
| shall be settled, not by
the receipt or delivery of such |
6 |
| property, but by the payment only of
differences in prices |
7 |
| thereof; however, the issuance, purchase, sale,
exercise, |
8 |
| endorsement or guarantee, by or through a person registered
|
9 |
| with the Secretary of State pursuant to Section 8 of the |
10 |
| Illinois
Securities Law of 1953, or by or through a person |
11 |
| exempt from such
registration under said Section 8, of a |
12 |
| put, call, or other option to
buy or sell securities which |
13 |
| have been registered with the Secretary of
State or which |
14 |
| are exempt from such registration under Section 3 of the
|
15 |
| Illinois Securities Law of 1953 is not gambling within the |
16 |
| meaning of
this paragraph (4); or
|
17 |
| (5) Knowingly owns or possesses any book, instrument or |
18 |
| apparatus by
means of which bets or wagers have been, or |
19 |
| are, recorded or registered,
or knowingly possesses any |
20 |
| money which he has received in the course of
a bet or |
21 |
| wager; or
|
22 |
| (6) Sells pools upon the result of any game or contest |
23 |
| of skill or
chance, political nomination, appointment or |
24 |
| election; or
|
25 |
| (7) Sets up or promotes any lottery or sells, offers to |
26 |
| sell or
transfers any ticket or share for any lottery; or
|
|
|
|
09500SB0011sam001 |
- 205 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| (8) Sets up or promotes any policy game or sells, |
2 |
| offers to sell or
knowingly possesses or transfers any |
3 |
| policy ticket, slip, record,
document or other similar |
4 |
| device; or
|
5 |
| (9) Knowingly drafts, prints or publishes any lottery |
6 |
| ticket or share,
or any policy ticket, slip, record, |
7 |
| document or similar device, except for
such activity |
8 |
| related to lotteries, bingo games and raffles authorized by
|
9 |
| and conducted in accordance with the laws of Illinois or |
10 |
| any other state or
foreign government; or
|
11 |
| (10) Knowingly advertises any lottery or policy game, |
12 |
| except for such
activity related to lotteries, bingo games |
13 |
| and raffles authorized by and
conducted in accordance with |
14 |
| the laws of Illinois or any other state; or
|
15 |
| (11) Knowingly transmits information as to wagers, |
16 |
| betting odds, or
changes in betting odds by telephone, |
17 |
| telegraph, radio, semaphore or
similar means; or knowingly |
18 |
| installs or maintains equipment for the
transmission or |
19 |
| receipt of such information; except that nothing in this
|
20 |
| subdivision (11) prohibits transmission or receipt of such |
21 |
| information
for use in news reporting of sporting events or |
22 |
| contests; or
|
23 |
| (12) Knowingly establishes, maintains, or operates an |
24 |
| Internet site that
permits a person to play a game of
|
25 |
| chance or skill for money or other thing of value by means |
26 |
| of the Internet or
to make a wager upon the
result of any |
|
|
|
09500SB0011sam001 |
- 206 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| game, contest, political nomination, appointment, or
|
2 |
| election by means of the Internet.
|
3 |
| (b) Participants in any of the following activities shall |
4 |
| not be
convicted of gambling therefor:
|
5 |
| (1) Agreements to compensate for loss caused by the |
6 |
| happening of
chance including without limitation contracts |
7 |
| of indemnity or guaranty
and life or health or accident |
8 |
| insurance;
|
9 |
| (2) Offers of prizes, award or compensation to the |
10 |
| actual
contestants in any bona fide contest for the |
11 |
| determination of skill,
speed, strength or endurance or to |
12 |
| the owners of animals or vehicles
entered in such contest;
|
13 |
| (3) Pari-mutuel betting as authorized by the law of |
14 |
| this State;
|
15 |
| (4) Manufacture of gambling devices, including the |
16 |
| acquisition of
essential parts therefor and the assembly |
17 |
| thereof, for transportation in
interstate or foreign |
18 |
| commerce to any place outside this State when such
|
19 |
| transportation is not prohibited by any applicable Federal |
20 |
| law;
|
21 |
| (5) The game commonly known as "bingo", when conducted |
22 |
| in accordance
with the Bingo License and Tax Act;
|
23 |
| (6) Lotteries when conducted by the State of Illinois |
24 |
| in accordance
with the Illinois Lottery Law;
|
25 |
| (7) Possession of an antique slot machine that is |
26 |
| neither used nor
intended to be used in the operation or |
|
|
|
09500SB0011sam001 |
- 207 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| promotion of any unlawful
gambling activity or enterprise. |
2 |
| For the purpose of this subparagraph
(b)(7), an antique |
3 |
| slot machine is one manufactured 25 years ago or earlier;
|
4 |
| (8) Raffles when conducted in accordance with the |
5 |
| Raffles Act;
|
6 |
| (9) Charitable games when conducted in accordance with |
7 |
| the Charitable
Games Act;
|
8 |
| (10) Pull tabs and jar games when conducted under the |
9 |
| Illinois Pull
Tabs and Jar Games Act; or
|
10 |
| (11) Gambling games conducted on riverboats when
|
11 |
| authorized by the Riverboat and Casino Gambling Act.
|
12 |
| (c) Sentence.
|
13 |
| Gambling under subsection (a)(1) or (a)(2) of this Section |
14 |
| is a
Class A misdemeanor. Gambling under any of subsections |
15 |
| (a)(3) through
(a)(11) of this Section is a Class A |
16 |
| misdemeanor. A second or
subsequent conviction under any of |
17 |
| subsections (a)(3) through (a)(11),
is a Class 4 felony. |
18 |
| Gambling under subsection (a)(12) of this Section is a
Class A
|
19 |
| misdemeanor. A second or subsequent conviction under |
20 |
| subsection (a)(12) is a
Class 4 felony.
|
21 |
| (d) Circumstantial evidence.
|
22 |
| In prosecutions under subsection (a)(1) through (a)(12) of
|
23 |
| this
Section circumstantial evidence shall have the same |
24 |
| validity and weight as
in any criminal prosecution.
|
25 |
| (Source: P.A. 91-257, eff. 1-1-00.)
|
|
|
|
09500SB0011sam001 |
- 208 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| (720 ILCS 5/28-1.1) (from Ch. 38, par. 28-1.1)
|
2 |
| Sec. 28-1.1. Syndicated gambling.
|
3 |
| (a) Declaration of Purpose. Recognizing the close |
4 |
| relationship between
professional gambling and other organized |
5 |
| crime, it is declared to be the
policy of the legislature to |
6 |
| restrain persons from engaging in the business
of gambling for |
7 |
| profit in this State. This Section shall be liberally
construed |
8 |
| and administered with a view to carrying out this policy.
|
9 |
| (b) A person commits syndicated gambling when he operates a |
10 |
| "policy
game" or engages in the business of bookmaking.
|
11 |
| (c) A person "operates a policy game" when he knowingly |
12 |
| uses any
premises or property for the purpose of receiving or |
13 |
| knowingly does
receive from what is commonly called "policy":
|
14 |
| (1) money from a person other than the better or player |
15 |
| whose
bets or plays are represented by such money; or
|
16 |
| (2) written "policy game" records, made or used over |
17 |
| any
period of time, from a person other than the better or |
18 |
| player whose bets
or plays are represented by such written |
19 |
| record.
|
20 |
| (d) A person engages in bookmaking when he receives or |
21 |
| accepts more
than five bets or wagers upon the result of any |
22 |
| trials or contests of
skill, speed or power of endurance or |
23 |
| upon any lot, chance, casualty,
unknown or contingent event |
24 |
| whatsoever, which bets or wagers shall be of
such size that the |
25 |
| total of the amounts of money paid or promised to be
paid to |
26 |
| such bookmaker on account thereof shall exceed $2,000.
|
|
|
|
09500SB0011sam001 |
- 209 - |
LRB095 04879 AMC 37001 a |
|
|
1 |
| Bookmaking is the receiving or accepting of such bets or wagers
|
2 |
| regardless of the form or manner in which the bookmaker records |
3 |
| them.
|
4 |
| (e) Participants in any of the following activities shall |
5 |
| not be
convicted of syndicated gambling:
|
6 |
| (1) Agreements to compensate for loss caused by the |
7 |
| happening
of chance including without limitation contracts |
8 |
| of indemnity or
guaranty and life or health or accident |
9 |
| insurance; and
|
10 |
| (2) Offers of prizes, award or compensation to the |
11 |
| actual
contestants in any bona fide contest for the |
12 |
| determination of skill,
speed, strength or endurance or to |
13 |
| the owners of animals or vehicles
entered in such contest; |
14 |
| and
|
15 |
| (3) Pari-mutuel betting as authorized by law of this |
16 |
| State;
and
|
17 |
| (4) Manufacture of gambling devices, including the |
18 |
| acquisition
of essential parts therefor and the assembly |
19 |
| thereof, for transportation
in interstate or foreign |
20 |
| commerce to any place outside this State when
such |
21 |
| transportation is not prohibited by any applicable Federal |
22 |
| law; and
|
23 |
| (5) Raffles when conducted in accordance with the |
24 |
| Raffles Act; and
|
25 |
| (6) Gambling games conducted on riverboats or in |
26 |
| casinos when
authorized by the Riverboat and Casino
|
|
|
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| Gambling Act.
|
2 |
| (f) Sentence. Syndicated gambling is a Class 3 felony.
|
3 |
| (Source: P.A. 86-1029; 87-435.)
|
4 |
| (720 ILCS 5/28-3) (from Ch. 38, par. 28-3)
|
5 |
| Sec. 28-3. Keeping a Gambling Place. A "gambling place" is |
6 |
| any real
estate, vehicle, boat or any other property whatsoever |
7 |
| used for the
purposes of gambling other than gambling conducted |
8 |
| in the manner authorized
by the Riverboat and Casino Gambling |
9 |
| Act. Any person who knowingly permits any premises
or property |
10 |
| owned or occupied by him or under his control to be used as a
|
11 |
| gambling place commits a Class A misdemeanor. Each subsequent |
12 |
| offense is a
Class 4 felony. When any premises is determined by |
13 |
| the circuit court to be
a gambling place:
|
14 |
| (a) Such premises is a public nuisance and may be proceeded |
15 |
| against as such, and
|
16 |
| (b) All licenses, permits or certificates issued by the |
17 |
| State of
Illinois or any subdivision or public agency thereof |
18 |
| authorizing the
serving of food or liquor on such premises |
19 |
| shall be void; and no license,
permit or certificate so |
20 |
| cancelled shall be reissued for such premises for
a period of |
21 |
| 60 days thereafter; nor shall any person convicted of keeping a
|
22 |
| gambling place be reissued such license
for one year from his |
23 |
| conviction and, after a second conviction of keeping
a gambling |
24 |
| place, any such person shall not be reissued such license, and
|
25 |
| (c) Such premises of any person who knowingly permits |
|
|
|
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|
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| thereon a
violation of any Section of this Article shall be |
2 |
| held liable for, and may
be sold to pay any unsatisfied |
3 |
| judgment that may be recovered and any
unsatisfied fine that |
4 |
| may be levied under any Section of this Article.
|
5 |
| (Source: P.A. 86-1029.)
|
6 |
| (720 ILCS 5/28-5)
(from Ch. 38, par. 28-5)
|
7 |
| Sec. 28-5. Seizure of gambling devices and gambling funds.
|
8 |
| (a) Every device designed for gambling which is incapable |
9 |
| of lawful use
or every device used unlawfully for gambling |
10 |
| shall be considered a
"gambling device", and shall be subject |
11 |
| to seizure, confiscation and
destruction by the Department of |
12 |
| State Police or by any municipal, or other
local authority, |
13 |
| within whose jurisdiction the same may be found. As used
in |
14 |
| this Section, a "gambling device" includes any slot machine, |
15 |
| and
includes any machine or device constructed for the |
16 |
| reception of money or
other thing of value and so constructed |
17 |
| as to return, or to cause someone
to return, on chance to the |
18 |
| player thereof money, property or a right to
receive money or |
19 |
| property. With the exception of any device designed for
|
20 |
| gambling which is incapable of lawful use, no gambling device |
21 |
| shall be
forfeited or destroyed unless an individual with a |
22 |
| property interest in
said device knows of the unlawful use of |
23 |
| the device.
|
24 |
| (b) Every gambling device shall be seized and forfeited to |
25 |
| the county
wherein such seizure occurs. Any money or other |
|
|
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|
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| thing of value integrally
related to acts of gambling shall be |
2 |
| seized and forfeited to the county
wherein such seizure occurs.
|
3 |
| (c) If, within 60 days after any seizure pursuant to |
4 |
| subparagraph
(b) of this Section, a person having any property |
5 |
| interest in the seized
property is charged with an offense, the |
6 |
| court which renders judgment
upon such charge shall, within 30 |
7 |
| days after such judgment, conduct a
forfeiture hearing to |
8 |
| determine whether such property was a gambling device
at the |
9 |
| time of seizure. Such hearing shall be commenced by a written
|
10 |
| petition by the State, including material allegations of fact, |
11 |
| the name
and address of every person determined by the State to |
12 |
| have any property
interest in the seized property, a |
13 |
| representation that written notice of
the date, time and place |
14 |
| of such hearing has been mailed to every such
person by |
15 |
| certified mail at least 10 days before such date, and a
request |
16 |
| for forfeiture. Every such person may appear as a party and
|
17 |
| present evidence at such hearing. The quantum of proof required |
18 |
| shall
be a preponderance of the evidence, and the burden of |
19 |
| proof shall be on
the State. If the court determines that the |
20 |
| seized property was
a gambling device at the time of seizure, |
21 |
| an order of forfeiture and
disposition of the seized property |
22 |
| shall be entered: a gambling device
shall be received by the |
23 |
| State's Attorney, who shall effect its
destruction, except that |
24 |
| valuable parts thereof may be liquidated and
the resultant |
25 |
| money shall be deposited in the general fund of the county
|
26 |
| wherein such seizure occurred; money and other things of value |
|
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|
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| shall be
received by the State's Attorney and, upon |
2 |
| liquidation, shall be
deposited in the general fund of the |
3 |
| county wherein such seizure
occurred. However, in the event |
4 |
| that a defendant raises the defense
that the seized slot |
5 |
| machine is an antique slot machine described in
subparagraph |
6 |
| (b) (7) of Section 28-1 of this Code and therefore he is
exempt |
7 |
| from the charge of a gambling activity participant, the seized
|
8 |
| antique slot machine shall not be destroyed or otherwise |
9 |
| altered until a
final determination is made by the Court as to |
10 |
| whether it is such an
antique slot machine. Upon a final |
11 |
| determination by the Court of this
question in favor of the |
12 |
| defendant, such slot machine shall be
immediately returned to |
13 |
| the defendant. Such order of forfeiture and
disposition shall, |
14 |
| for the purposes of appeal, be a final order and
judgment in a |
15 |
| civil proceeding.
|
16 |
| (d) If a seizure pursuant to subparagraph (b) of this |
17 |
| Section is not
followed by a charge pursuant to subparagraph |
18 |
| (c) of this Section, or if
the prosecution of such charge is |
19 |
| permanently terminated or indefinitely
discontinued without |
20 |
| any judgment of conviction or acquittal (1) the
State's |
21 |
| Attorney shall commence an in rem proceeding for the forfeiture
|
22 |
| and destruction of a gambling device, or for the forfeiture and |
23 |
| deposit
in the general fund of the county of any seized money |
24 |
| or other things of
value, or both, in the circuit court and (2) |
25 |
| any person having any
property interest in such seized gambling |
26 |
| device, money or other thing
of value may commence separate |
|
|
|
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| civil proceedings in the manner provided
by law.
|
2 |
| (e) Any gambling device displayed for sale to a riverboat |
3 |
| gambling
operation or a casino gambling operation or used to |
4 |
| train occupational licensees of a riverboat gambling
operation |
5 |
| or a casino gambling operation, as authorized under the |
6 |
| Riverboat and Casino Gambling Act , is exempt from
seizure under |
7 |
| this Section.
|
8 |
| (f) Any gambling equipment, devices and supplies provided |
9 |
| by a licensed
supplier in accordance with the Riverboat and |
10 |
| Casino Gambling Act which are removed
from a
the riverboat , |
11 |
| casino, or wagering facility at which electronic poker is |
12 |
| conducted for repair are
exempt from seizure under this |
13 |
| Section.
|
14 |
| (Source: P.A. 87-826.)
|
15 |
| (720 ILCS 5/28-7)
(from Ch. 38, par. 28-7)
|
16 |
| Sec. 28-7. Gambling contracts void.
|
17 |
| (a) All promises, notes, bills, bonds, covenants, |
18 |
| contracts, agreements,
judgments, mortgages, or other |
19 |
| securities or conveyances made, given,
granted, drawn, or |
20 |
| entered into, or executed by any person whatsoever,
where the |
21 |
| whole or any part of the consideration thereof is for any
money |
22 |
| or thing of value, won or obtained in violation of any Section |
23 |
| of
this Article are null and void.
|
24 |
| (b) Any obligation void under this Section may be set aside |
25 |
| and vacated
by any court of competent jurisdiction, upon a |
|
|
|
09500SB0011sam001 |
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| complaint filed for that
purpose, by the person so granting, |
2 |
| giving, entering into, or executing the
same, or by his |
3 |
| executors or administrators, or by any creditor, heir,
legatee, |
4 |
| purchaser or other person interested therein; or if a judgment,
|
5 |
| the same may be set aside on motion of any person stated above, |
6 |
| on due
notice thereof given.
|
7 |
| (c) No assignment of any obligation void under this Section |
8 |
| may in any
manner affect the defense of the person giving, |
9 |
| granting, drawing, entering
into or executing such obligation, |
10 |
| or the remedies of any person interested
therein.
|
11 |
| (d) This Section shall not prevent a licensed owner of a |
12 |
| riverboat
gambling operation or a casino gambling operation or |
13 |
| organization licensee under the Illinois Horse Racing Act of |
14 |
| 1975
from instituting a cause of
action to collect any amount |
15 |
| due and owing under an extension of credit to a
riverboat
|
16 |
| gambling patron or electronic poker patron as authorized under |
17 |
| Section 11.1 of the
Riverboat and Casino Gambling Act.
|
18 |
| (Source: P.A. 87-826.)
|
19 |
| Section 60. The Travel Promotion Consumer Protection Act is |
20 |
| amended by changing Section 2 as follows:
|
21 |
| (815 ILCS 420/2) (from Ch. 121 1/2, par. 1852)
|
22 |
| Sec. 2. Definitions.
|
23 |
| (a) "Travel promoter" means a person, including a tour |
24 |
| operator, who sells,
provides, furnishes, contracts for, |
|
|
|
09500SB0011sam001 |
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|
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| arranges or advertises that he or she will
arrange wholesale or |
2 |
| retail transportation by air, land, sea or navigable
stream, |
3 |
| either separately or in conjunction with other services. |
4 |
| "Travel
promoter" does not include (1) an air carrier; (2) a |
5 |
| sea carrier; (3) an
officially appointed agent of an air |
6 |
| carrier who is a member in good standing
of the Airline |
7 |
| Reporting Corporation; (4) a travel promoter who has in
force |
8 |
| $1,000,000 or more of liability insurance coverage for |
9 |
| professional
errors and omissions and a surety bond or |
10 |
| equivalent surety in the amount of
$100,000 or more for the |
11 |
| benefit of consumers in the event of a bankruptcy on
the part |
12 |
| of the travel promoter; or (5) a riverboat subject to |
13 |
| regulation under
the Riverboat and Casino Gambling Act.
|
14 |
| (b) "Advertise" means to make any representation in the |
15 |
| solicitation of
passengers and includes communication with |
16 |
| other members of the same
partnership, corporation, joint |
17 |
| venture, association, organization, group or
other entity.
|
18 |
| (c) "Passenger" means a person on whose behalf money or |
19 |
| other
consideration has been given or is to be given to |
20 |
| another, including
another member of the same partnership, |
21 |
| corporation, joint venture,
association, organization, group |
22 |
| or other entity, for travel.
|
23 |
| (d) "Ticket or voucher" means a writing or combination of |
24 |
| writings which
is itself good and sufficient to obtain
|
25 |
| transportation and other services for which the passenger has |
26 |
| contracted.
|
|
|
|
09500SB0011sam001 |
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|
1 |
| (Source: P.A. 91-357, eff. 7-29-99.)
|
2 |
| Section 65. The State Finance Act is amended by adding |
3 |
| Sections
5.676 and 5.677 as follows:
|
4 |
| (30 ILCS 105/5.676 new)
|
5 |
| Sec. 5.676. The Racing Industry Workers' Fund.
|
6 |
| (30 ILCS 105/5.677 new)
|
7 |
| Sec. 5.677. The Depressed Communities Economic Development |
8 |
| Fund.
|
9 |
| (30 ILCS 105/5.490 rep.)
|
10 |
| Section 100. The State Finance Act is amended by repealing |
11 |
| Section 5.490.
|
12 |
| (230 ILCS 5/31.1 rep.)
|
13 |
| (230 ILCS 5/54 rep.)
|
14 |
| Section 105. The Illinois Horse Racing Act of 1975 is |
15 |
| amended by repealing Sections 31.1 and 54. |
16 |
| Section 995. No acceleration or delay. Where this Act makes |
17 |
| changes in a statute that is represented in this Act by text |
18 |
| that is not yet or no longer in effect (for example, a Section |
19 |
| represented by multiple versions), the use of that text does |
20 |
| not accelerate or delay the taking effect of (i) the changes |