SB0747sam005 97TH GENERAL ASSEMBLY

Sen. Terry Link

Filed: 11/10/2011

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AMENDMENT TO SENATE BILL 747

AMENDMENT NO. ______. Amend Senate Bill 747, AS AMENDED, with reference to page and line numbers of Senate Amendment No. 4, on page 50, line 8, by replacing "jurisdiction" with "exclusive jurisdiction"; and

on page 81, line 3, by replacing "grants" with "operational grants"; and

on page 84, line 9, after the period, by inserting "Such amount shall not be less than $10,000,000 annually."; and

on page 84, line 21, by deleting "solely"; and

on page 84, line 24, after the period, by inserting "Additionally, the first $5,000,000 of deposits into the Fund shall be used for promotional costs associated with the Illinois State Fairgrounds in Sangamon County."; and

on page 143, line 19, by replacing "the" with "these"; and

on page 144, immediately below line 11, by inserting the following:

"(iii) 2,200 races in any year following the most recent preceding complete calendar year when the combined adjusted gross receipts of the electronic gaming licensees operating at Cook County racetracks total in excess of $300,000,000, but do not exceed $350,000,000;"; and

on page 145, line 4, by deleting "the"; and

on page 145, line 8, by replacing "the" with "these"; and

on page 145, line 11, after "award", by inserting "racing dates"; and

on page 145, line 15, by replacing "(e-5)" with "(e-4.5)"; and

on page 145, line 16, by replacing "during" with "for"; and

on page 244, line 20, by replacing "Gaming" with "Gambling"; and

on page 245, line 20, by replacing "owners or trainers" with "owners and trainers"; and

on page 246, lines 6 and 18, by replacing "owners or trainers" each time it appears with "owners and trainers"; and

by deleting line 22 on page 248 through line 5 on page 249; and

on page 313, line 7, by replacing "license" with "licensee"; and

on page 313, line 21, after "County", by inserting "whose electronic gaming license originates with an organization licensee"; and

on page 313, line 23, after "County", by inserting "whose electronic gaming license originates with an organization licensee"; and

on page 313, line 25, after "licensee", by inserting "whose electronic gaming license originates with an organization licensee"; and

on page 314, line 2, by replacing "license" with "licensee"; and

by replacing line 4 on page 314 through line 22 on page 315, with the following:

"(e) Each applicant for an electronic gaming license shall specify in its application for licensure the number of gaming positions it will operate, up to the applicable limitation set forth in subsection (d) of this Section. Any unreserved gaming positions that are not specified shall be forfeited and retained by the Board. For the purposes of this subsection (e), an electronic gaming licensee that did not conduct live racing in 2010 may reserve up to 900 positions and shall not be penalized under this Section for not operating those positions until it meets the requirements of subsection (d) of this Section, but such licensee shall not request unreserved gaming positions under this subsection (e) until its 900 positions are all operational. Thereafter, the Board shall offer any unreserved gaming positions in equal amounts to electronic gaming licensees, or applicants therefor, that have purchased all of the positions that were offered. This process shall continue until all unreserved gaming positions have been purchased. All positions obtained pursuant to this process and all positions the electronic gaming licensee specified it would operate in its application must be in operation within 18 months after they were obtained or the electronic gaming licensee forfeits the right to operate those positions, but is not entitled to a refund of any fees paid. The Board may, after holding a public hearing, grant extensions so long as the electronic gaming licensee is working in good faith to make the positions operational. The extension may be for a period of 6 months. If, after the period of the extension, the electronic gaming licensee has not made the positions operational, then another public hearing must be held by the Board before it may grant another extension.

Unreserved gaming positions retained from and allocated to electronic gaming licensees by the Board pursuant to this subsection (e) shall not be allocated to owners licensees pursuant to subsection (h-10) of Section 7 of this Act. For the purpose of this subsection (e), the unreserved gaming positions for each electronic gaming licensee shall be the applicable limitation set forth in subsection (d) of this Section, less the number of reserved gaming positions by such electronic gaming licensee, and the total unreserved gaming positions shall be the aggregate of the unreserved gaming positions for all electronic gaming licensees."; and

on page 303, line 11, after the period, by inserting "Nothing in this paragraph shall prevent an owners license from immediately having up to 1,600 gaming positions in operation on the effective date of this amendatory Act of the 97th General Assembly upon receipt of the required payment for the gaming positions."; and

on page 303, line 22, after the period, by inserting "The Board may, after holding a public hearing, grant extensions so long as a licensed owner is working in good faith to make the positions operational. The extension may be for a period of 6 months. If, after the period of extension, a licensed owner has not made the positions operational, then another public hearing must be held by the Board before it may grant another extension."; and

on page 315, line 4, after the period, by inserting "The Board may, after holding a public hearing, grant extensions so long as a licensed owner is working in good faith to make the positions operational. The extension may be for a period of 6 months. If, after the period of extension, a licensed owner has not made the positions operational, then another public hearing must be held by the Board before it may grant another extension."; and

on page 346, lines 6 and 7, by replacing "on December 31, 2013" with "upon the imposition of the privilege tax under subsection (a-5) of this Section"; and

on page 347, line 6, by replacing "January 1, 2014" with "the date when at least 500 additional gaming positions authorized by this amendatory Act of the 97th General Assembly are being used to conduct gambling operations"; and

on page 359, line 13, by replacing "$10,000,000" with "$12,500,000"; and

on page 359, line 15, by replacing "$1,000,000" with "$1,500,000"; and

on page 359, line 17, by replacing "$2,500,000" with "$3,000,000"; and

on page 359, line 20, by replacing "$2,500,000" with "$3,000,000"; and

on page 359, line 22, by replacing "$4,000,000" with "$5,000,000"; and

on page 359, line 24, by replacing "$1,000,000" with "$6,000,000"; and

on page 371, immediately below line 4, by inserting the following:

"Section 90-42. The Video Gaming Act is amended by changing Section 78 as follows:

(230 ILCS 40/78)

Sec. 78. Authority of the Illinois Gaming Board.

(a) The Board shall have jurisdiction over and shall supervise all gaming operations governed by this Act. The Board shall have all powers necessary and proper to fully and effectively execute the provisions of this Act, including, but not limited to, the following:

(1) To investigate applicants and determine the eligibility of applicants for licenses and to select among competing applicants the applicants which best serve the interests of the citizens of Illinois.

(2) To have jurisdiction and supervision over all video gaming operations in this State and all persons in establishments where video gaming operations are conducted.

(3) To adopt rules for the purpose of administering the provisions of this Act and to prescribe rules, regulations, and conditions under which all video gaming in the State shall be conducted. Such rules and regulations are to provide for the prevention of practices detrimental to the public interest and for the best interests of video gaming, including rules and regulations regarding the inspection of such establishments and the review of any permits or licenses necessary to operate an establishment under any laws or regulations applicable to establishments and to impose penalties for violations of this Act and its rules.

(b) The Board shall adopt emergency rules to administer this Act in accordance with Section 5-45 of the Illinois Administrative Procedure Act. For the purposes of the Illinois Administrative Procedure Act, the General Assembly finds that the adoption of rules to implement this Act is deemed an emergency and necessary to the public interest, safety, and welfare.

(c) Within 120 days after the effective date of this amendatory Act of the 97th General Assembly, the Board shall select and execute a contract with a vendor for the central communications system and make applications for licensed establishments, licensed fraternal establishments, licensed veterans establishments, and licensed truck stop establishments available for potential applicants. The Board shall make every reasonable effort to ensure that video gaming operations are being conducted in this State by no later than January 1, 2013.

(Source: P.A. 96-38, eff. 7-13-09; 96-1410, eff. 7-30-10.)".