Full Text of SB1849 97th General Assembly
SB1849ham003 97TH GENERAL ASSEMBLY | Rep. Lou Lang Filed: 11/9/2011
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| 1 | | AMENDMENT TO SENATE BILL 1849
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1849, AS AMENDED, | 3 | | with reference to page and line numbers of House Amendment No. | 4 | | 2 as follows:
| 5 | | on page 81, line 3, after " for ", by inserting " operational "; | 6 | | and | 7 | | on page 84, line 3, after " County ", by inserting " , including, | 8 | | but not limited to, track surfaces (main track and practice | 9 | | track), grandstands, audio and visual systems, paddocks and | 10 | | barns and associated surface areas, restroom facilities on the | 11 | | backstretch, and roadway surfaces around the racing facility "; | 12 | | and | 13 | | on page 84, line 5, after the period, by inserting " Such amount | 14 | | shall not be less than $10,000,000 annually. "; and |
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| 1 | | on page 84, line 17, by deleting " solely "; and | 2 | | on page 84, line 20, after the period, by inserting | 3 | | " Additionally, the first $5,000,000 of deposits into the Fund | 4 | | shall be used for promotional costs associated with the | 5 | | Illinois State Fairgrounds in Sangamon County. "; and | 6 | | by replacing line 2 on page 143 through line 11 on page 144 | 7 | | with the following: | 8 | | " (e-1) In awarding standardbred racing dates for calendar | 9 | | year 2013 and thereafter, the Board shall award at least 310 | 10 | | racing days, and each organization licensee shall average at | 11 | | least 12 races for each racing day awarded. The Board shall | 12 | | have the discretion to allocate those racing days among | 13 | | organization licensees requesting standardbred racing dates. | 14 | | Once awarded by the Board, organization licensees awarded | 15 | | standardbred racing dates shall run at least 3,500 races in | 16 | | total during that calendar year. Standardbred racing conducted | 17 | | in Sangamon County shall not be considered races under this | 18 | | subsection (e-1). | 19 | | (e-2) In awarding racing dates for calendar year 2013 and | 20 | | thereafter, the Board shall award thoroughbred racing days to | 21 | | Cook County organization licensees commensurate with these | 22 | | organization licensees' requirement that they shall run at | 23 | | least 1,950 thoroughbred races in the aggregate, so long as 2 | 24 | | organization licensees are conducting electronic gaming |
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| 1 | | operations. Additionally, if the organization licensees that | 2 | | run thoroughbred races in Cook County are conducting electronic | 3 | | gaming operations, the Board shall increase the number of | 4 | | thoroughbred races to be run in Cook County in the aggregate to | 5 | | at least the following: | 6 | | (i) 2,050 races in any year following the most recent | 7 | | preceding complete calendar year when the combined | 8 | | adjusted gross receipts of the electronic gaming licensees | 9 | | operating at Cook County racetracks total in excess of | 10 | | $200,000,000, but do not exceed $250,000,000; | 11 | | (ii) 2,125 races in any year following the most recent | 12 | | preceding complete calendar year when the combined | 13 | | adjusted gross receipts of the electronic gaming licensees | 14 | | operating at Cook County racetracks total in excess of | 15 | | $250,000,000, but do not exceed $300,000,000; | 16 | | (iii) 2,200 races in any year following the most recent | 17 | | preceding complete calendar year when the combined | 18 | | adjusted gross receipts of the electronic gaming licensees | 19 | | operating at Cook County racetracks total in excess of | 20 | | $300,000,000, but do not exceed $350,000,000; | 21 | | (iv) 2,300 races in any year following the most recent | 22 | | preceding complete calendar year when the combined | 23 | | adjusted gross receipts of the electronic gaming licensees | 24 | | operating at Cook County racetracks total in excess of | 25 | | $350,000,000, but do not exceed $400,000,000; | 26 | | (v) 2,375 races in any year following the most recent |
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| 1 | | preceding complete calendar year when the combined | 2 | | adjusted gross receipts of the electronic gaming licensees | 3 | | operating at Cook County racetracks total in excess of | 4 | | $400,000,000, but do not exceed $450,000,000; | 5 | | (vi) 2,450 races in any year following the most recent | 6 | | preceding complete calendar year when the combined | 7 | | adjusted gross receipts of the electronic gaming licensees | 8 | | operating at Cook County racetracks total in excess of | 9 | | $450,000,000, but do not exceed $500,000,000; and | 10 | | (vii) 2,550 races in any year following the most recent | 11 | | preceding complete calendar year when the combined | 12 | | adjusted gross receipts of the electronic gaming licensees | 13 | | operating at Cook County racetracks exceeds $500,000,000. | 14 | | In awarding racing dates under this subsection (e-2), the | 15 | | Board shall have the discretion to allocate those thoroughbred | 16 | | racing dates among these Cook County organization licensees. | 17 | | (e-3) In awarding racing dates for calendar year 2013 and | 18 | | thereafter in connection with a race track in Madison County, | 19 | | the Board shall award racing dates and such organization | 20 | | licensee shall run at least 700 thoroughbred races at the race | 21 | | track in Madison County each year. | 22 | | Notwithstanding Section 7.6 of the Illinois Gambling Act or | 23 | | any provision of this Act other than subsection (e-4.5), for | 24 | | each calendar year for which an electronic gaming licensee | 25 | | located in Madison County requests racing dates resulting in | 26 | | less than 700 live thoroughbred races at its race track |
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| 1 | | facility, the electronic gaming licensee may not conduct | 2 | | electronic gaming for the calendar year of such requested live | 3 | | races. | 4 | | (e-4) Notwithstanding the provisions of Section 7.6 of the | 5 | | Illinois Gambling Act or any provision of this Act other than | 6 | | subsections (e-3) and (e-4.5), for each calendar year for which | 7 | | an electronic gaming licensee requests racing dates for a | 8 | | specific horse breed which results in a number of live races | 9 | | for that specific breed under its organization license that is | 10 | | less than the total number of live races for that specific | 11 | | breed which it conducted in 2011 for standardbred racing and in | 12 | | 2009 for thoroughbred racing at its race track facility, the | 13 | | electronic gaming licensee may not conduct electronic gaming | 14 | | for the calendar year of such requested live races. | 15 | | (e-4.5) The Board shall ensure that each organization | 16 | | licensee shall individually run a sufficient number of races | 17 | | per year to qualify for an electronic gaming license under this | 18 | | Act. The General Assembly finds that the minimum live racing | 19 | | guarantees contained in subsections (e-1), (e-2), and (e-3) are | 20 | | in the best interest of the sport of horse racing, and that | 21 | | such guarantees may only be reduced in the limited | 22 | | circumstances described in this subsection. The Board may | 23 | | decrease the number of racing days without affecting an | 24 | | organization licensee's ability to conduct electronic gaming | 25 | | only if the Board determines, after notice and hearing, that: | 26 | | (i) a decrease is necessary to maintain a sufficient |
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| 1 | | number of betting interests per race to ensure the | 2 | | integrity of racing; | 3 | | (ii) there are unsafe track conditions due to weather | 4 | | or acts of God; | 5 | | (iii) there is an agreement between an organization | 6 | | licensee and the breed association that is applicable to | 7 | | the involved live racing guarantee, such association | 8 | | representing either the largest number of thoroughbred | 9 | | owners and trainers or the largest number of standardbred | 10 | | owners, trainers and drivers who race horses at the | 11 | | involved organization licensee's racing meeting, so long | 12 | | as the agreement does not compromise the integrity of the | 13 | | sport of horse racing; or | 14 | | (iv) the horse population or purse levels are | 15 | | insufficient to provide the number of racing opportunities | 16 | | otherwise required in this Act. | 17 | | In decreasing the number of racing dates in accordance with | 18 | | this subsection, the Board shall hold a hearing and shall | 19 | | provide the public and all interested parties notice and an | 20 | | opportunity to be heard. The Board shall accept testimony from | 21 | | all interested parties, including any association representing | 22 | | owners, trainers, jockeys, or drivers who will be affected by | 23 | | the decrease in racing dates. The Board shall provide a written | 24 | | explanation of the reasons for the decrease and the Board's | 25 | | findings. The written explanation shall include a listing and | 26 | | content of all communication between any party and any Illinois |
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| 1 | | Racing Board member or staff that does not take place at a | 2 | | public meeting of the Board. "; and | 3 | | on page 241, line 12, by replacing " Gaming " with " Gambling "; | 4 | | and | 5 | | on page 242, lines 11 and 23, by replacing " owners or trainers " | 6 | | each time it appears with " owners and trainers "; and | 7 | | on page 243, line 9, by replacing " owners or trainers " with | 8 | | " owners and trainers "; and | 9 | | on page 245, by deleting lines 13 through 22; and | 10 | | by replacing line 6 on page 246 through line 2 on page 247 with | 11 | | the following:
| 12 | | "(230 ILCS 10/2) (from Ch. 120, par. 2402)
| 13 | | Sec. 2. Legislative Intent.
| 14 | | (a) This Act is intended to benefit the
people of the State | 15 | | of Illinois
by assisting economic development , and promoting | 16 | | Illinois tourism and agriculture, assisting conservation and | 17 | | forestry programs, funding programs that assist the people of | 18 | | the State of Illinois during difficult economic conditions,
and | 19 | | by increasing the amount of revenues available to the State to | 20 | | assist and
support education , and by supporting programs that |
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| 1 | | enhance the beauty of the State and its parks, rivers, forest | 2 | | preserves, and botanic gardens .
| 3 | | (b) While authorization of riverboat and casino gambling | 4 | | will enhance investment,
beautification, development and | 5 | | tourism in Illinois, it is recognized that it will do so
| 6 | | successfully only if public confidence and trust in the | 7 | | credibility and
integrity of the gambling operations and the | 8 | | regulatory process is
maintained. Therefore, regulatory | 9 | | provisions of this Act are designed to
strictly regulate the | 10 | | facilities, persons, associations and practices
related to | 11 | | gambling operations pursuant to the police powers of the State,
| 12 | | including comprehensive law enforcement supervision.
| 13 | | (c) The Illinois Gaming Board established under this Act | 14 | | should, as soon
as possible, inform each applicant for an | 15 | | owners license of the Board's
intent to grant or deny a | 16 | | license.
| 17 | | (Source: P.A. 93-28, eff. 6-20-03.)"; and
| 18 | | on page 280, line 11, after " locations ", by inserting " and | 19 | | those obtained by owners licensees conducting gaming | 20 | | operations on the effective date of this amendatory Act of the | 21 | | 97th General Assembly "; and | 22 | | on page 299, line 20, after the period, by inserting " Nothing | 23 | | in this paragraph shall prevent an owners licensee from | 24 | | immediately having up to 1,600 gaming positions in operation on |
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| 1 | | the effective date of this amendatory Act of the 97th General | 2 | | Assembly upon receipt of the required payment for the gaming | 3 | | positions. "; and | 4 | | on page 300, line 5, after " paid. ", by inserting " The Board | 5 | | may, after holding a public hearing, grant extensions so long | 6 | | as a licensed owner is working in good faith to make the | 7 | | positions operational. The extension may be for a period of 6 | 8 | | months. If, after the period of the extension, a licensed owner | 9 | | has not made the positions operational, then another public | 10 | | hearing must be held by the Board before it may grant another | 11 | | extension. "; and | 12 | | on page 301, immediately below line 1, by inserting the | 13 | | following: | 14 | | " Unreserved gaming positions retained from and allocated | 15 | | to owners licensees by the Board pursuant to this subsection | 16 | | (h-10) shall not be allocated to electronic gaming licensees | 17 | | pursuant to subsection (e) of Section 7.6 of this Act. "; and | 18 | | on page 308, line 17, after " year ", by inserting " or for a | 19 | | licensee that is only authorized 350 gaming positions pursuant | 20 | | to subsection (d) of Section 7.6 of this Act, 96 live races per | 21 | | year until such time as the total number of gaming positions is | 22 | | increased to 900 "; and |
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| 1 | | on page 309, line 8, by replacing " license " with " licensee "; | 2 | | and | 3 | | on page 309, line 22, after " County ", by inserting " whose | 4 | | electronic gaming license originates with an organization | 5 | | licensee "; and | 6 | | on page 309, line 24, after " County ", by inserting " whose | 7 | | electronic gaming license originates with an organization | 8 | | licensee "; and | 9 | | on page 309, line 26, after " licensee ", by inserting " whose | 10 | | electronic gaming license originates with an organization | 11 | | licensee "; and | 12 | | on page 310, line 3, by replacing " license conducted 25 " with | 13 | | " licensee conducted 96 "; and | 14 | | on page 310, by replacing lines 5 through 20 with the | 15 | | following: | 16 | | " (e) Each applicant for an electronic gaming license shall | 17 | | specify in its application for licensure the number of gaming | 18 | | positions it will operate, up to the applicable limitation set | 19 | | forth in subsection (d) of this Section. Any unreserved gaming | 20 | | positions that are not specified shall be forfeited and | 21 | | retained by the Board. For the purposes of this subsection (e), |
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| 1 | | an electronic gaming licensee that did not conduct live racing | 2 | | in 2010 may reserve up to 900 positions and shall not be | 3 | | penalized under this Section for not operating those positions | 4 | | until it meets the requirements of subsection (d) of this | 5 | | Section, but such licensee shall not request unreserved gaming | 6 | | positions under this subsection (e) until its 900 positions are | 7 | | all operational. | 8 | | Thereafter, the Board shall offer any unreserved gaming | 9 | | positions in equal amounts to electronic gaming licensees, or | 10 | | applicants therefor, that have purchased all of the positions | 11 | | that were offered. This process shall continue until all | 12 | | unreserved gaming positions have been purchased. All positions | 13 | | obtained pursuant to this process and all positions the | 14 | | electronic gaming licensee specified it would operate in its | 15 | | application must be in operation within 18 months after they | 16 | | were obtained or the electronic gaming licensee forfeits the | 17 | | right to operate those positions, but is not entitled to a | 18 | | refund of any fees paid. The Board may, after holding a public | 19 | | hearing, grant extensions so long as the electronic gaming | 20 | | licensee is working in good faith to make the positions | 21 | | operational. The extension may be for a period of 6 months. If, | 22 | | after the period of the extension, the electronic gaming | 23 | | licensee has not made the positions operational, then another | 24 | | public hearing must be held by the Board before it may grant | 25 | | another extension. | 26 | | Unreserved gaming positions retained from and allocated to |
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| 1 | | electronic gaming licensees by the Board pursuant to this | 2 | | subsection (e) shall not be allocated to owners licensees | 3 | | pursuant to subsection (h-10) of Section 7 of this Act. | 4 | | For the purpose of this subsection (e), the unreserved | 5 | | gaming positions for each electronic gaming licensee shall be | 6 | | the applicable limitation set forth in subsection (d) of this | 7 | | Section, less the number of reserved gaming positions by such | 8 | | electronic gaming licensee, and the total unreserved gaming | 9 | | positions shall be the aggregate of the unreserved gaming | 10 | | positions for all electronic gaming licensees. "; and | 11 | | on page 341, lines 4 and 5, by replacing " on December 31, 2103 " | 12 | | with " upon the imposition of the privilege tax under subsection | 13 | | (a-5) of this Section "; and | 14 | | on page 341, line 26, by replacing " January 1, 2014 " with " the | 15 | | date when at least 500 additional gaming positions authorized | 16 | | by this amendatory Act of the 97th General Assembly are being | 17 | | used to conduct gambling operations "; and | 18 | | on page 342, immediately below line 25, by inserting the | 19 | | following: | 20 | | " For the imposition of the privilege tax in this subsection | 21 | | (a-4), amounts paid pursuant to item (1) of subsection (b) of | 22 | | Section 56 of the Illinois Horse Racing Act of 1975 shall not | 23 | | be included in the determination of adjusted gross receipts. "; |
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| 1 | | and | 2 | | on page 344, line 16, by replacing " subsection " with | 3 | | " subsections (a-4) and "; and | 4 | | on page 344, line 26, by replacing " subsection " with | 5 | | " subsections (a-4) and "; and | 6 | | on page 352, line 20, by replacing " $5,000,000 " with | 7 | | " $6,000,000 "; and | 8 | | on page 353, line 4, after " $100,000 " by inserting " , except | 9 | | for an annual grant of $1,000,000 that shall be made to the | 10 | | Illinois Standardbred Breeders Fund and used for Illinois-bred | 11 | | harness racing purses and the Illinois State Fair race track. "; | 12 | | and | 13 | | on page 354, line 3, by replacing " $10,000,000 " with | 14 | | " $12,500,000 "; and | 15 | | on page 354, line 5, by replacing " $1,000,000 " with | 16 | | " $1,500,000 "; and | 17 | | on page 354, line 7, by replacing " $2,500,000 " with | 18 | | " $3,000,000 "; and |
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| 1 | | on page 354, line 10, by replacing " $2,500,000 " with | 2 | | " $3,000,000 "; and | 3 | | on page 354, line 12, by replacing " $4,000,000 " with | 4 | | " $5,000,000 "; and | 5 | | on page 354, line 14, by replacing " $1,000,000 " with | 6 | | " $6,000,000 "; and | 7 | | on page 365, immediately below line 19, by inserting the | 8 | | following: | 9 | | "Section 90-42. The Video Gaming
Act is amended by changing | 10 | | Section 78 as follows: | 11 | | (230 ILCS 40/78)
| 12 | | Sec. 78. Authority of the Illinois Gaming Board. | 13 | | (a) The Board shall have jurisdiction over and shall | 14 | | supervise all gaming operations governed by this Act. The Board | 15 | | shall have all powers necessary and proper to fully and | 16 | | effectively execute the provisions of this Act, including, but | 17 | | not limited to, the following: | 18 | | (1) To investigate applicants and determine the | 19 | | eligibility of applicants for licenses and to select among | 20 | | competing applicants the applicants which best serve the | 21 | | interests of the citizens of Illinois. |
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| 1 | | (2) To have jurisdiction and supervision over all video | 2 | | gaming operations in this State and all persons in | 3 | | establishments where video gaming operations are | 4 | | conducted. | 5 | | (3) To adopt rules for the purpose of administering the | 6 | | provisions of this Act and to prescribe rules, regulations, | 7 | | and conditions under which all video gaming in the State | 8 | | shall be conducted. Such rules and regulations are to | 9 | | provide for the prevention of practices detrimental to the | 10 | | public interest and for the best interests of video gaming, | 11 | | including rules and regulations regarding the inspection | 12 | | of such establishments and the review of any permits or | 13 | | licenses necessary to operate an establishment under any | 14 | | laws or regulations applicable to establishments and to | 15 | | impose penalties for violations of this Act and its rules.
| 16 | | (b) The Board shall adopt emergency rules to administer | 17 | | this Act in accordance with Section 5-45 of the Illinois | 18 | | Administrative Procedure Act. For the purposes of the Illinois | 19 | | Administrative Procedure Act, the General Assembly finds that | 20 | | the adoption of rules to implement this Act is deemed an | 21 | | emergency and necessary to the public interest, safety, and | 22 | | welfare.
| 23 | | (c) Within 120 days after the effective date of this | 24 | | amendatory Act of the 97th General Assembly, the Board shall | 25 | | select and execute a contract with a vendor for the central | 26 | | communications system and make applications for licensed |
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| 1 | | establishments, licensed fraternal establishments, licensed | 2 | | veterans establishments, and licensed truck stop | 3 | | establishments available for potential applicants. The Board | 4 | | shall make every reasonable effort to ensure that video gaming | 5 | | operations are being conducted in this State by no later than | 6 | | January 1, 2013. | 7 | | (Source: P.A. 96-38, eff. 7-13-09; 96-1410, eff. 7-30-10.)".
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