093_HB0143ham001

 










                                     LRB093 02212 LRD 15799 a

 1                     AMENDMENT TO HOUSE BILL 143

 2        AMENDMENT NO.     .  Amend House Bill  143  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  1.  Short  title.  This Act may be cited as the
 5    Intercity Development Act.

 6        Section 5.  Findings and purpose.
 7        (a)  The General Assembly finds that:
 8             (1)  There   is   a   great   need   for    economic
 9        revitalization in many communities throughout this State.
10             (2)  Each  community  has  valuable resources at its
11        fingertips that  can  be  tapped  in  the  revitalization
12        process.
13             (3)  With  adequate  support and assistance from the
14        State and other resources, each community can participate
15        in and shepherd its own economic renewal.
16             (4)  Successful redevelopment  plans  are  based  on
17        policy that is responsive to the existing composition and
18        character  of  the  economically distressed community and
19        that allows and compels the community to  participate  in
20        the redevelopment planning process.
21             (5)  A  successful  redevelopment initiative creates
22        and maintains a  capable  and  adaptable  workforce,  has
 
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 1        access  to capital, has a sound fiscal base, has adequate
 2        infrastructure, has well-managed natural  resources,  and
 3        has an attractive quality of life.
 4        (b)  It  is  the purpose of this legislation to provide a
 5    mechanism for an economically distressed community to use  in
 6    its efforts to revitalize the community.

 7        Section 10.  Definitions. As used in this Section:
 8        "Community"  means  a municipality, a county with respect
 9    to the unincorporated areas of a county, and any  combination
10    of municipalities and counties acting jointly.
11        "Department"   means   the  Department  of  Commerce  and
12    Community Affairs.
13        "Economically distressed community" means  any  community
14    that  is  certified by the Department as being in the highest
15    3%  of  all  communities  in  the  State  in  its   rate   of
16    unemployment,  its  poverty  rate, and the rate of bankruptcy
17    petitions filed.

18        Section 15.  Certification; Board of Economic Advisors.
19        (a)  In order to receive the assistance  as  provided  in
20    this Act, a community shall first, by ordinance passed by its
21    corporate  authorities,  request  that the Department certify
22    that  it  is  an  economically  distressed   community.   The
23    community  must  submit  a certified copy of the ordinance to
24    the  Department.  After  review  of  the  ordinance,  if  the
25    Department  determines   that   the   community   meets   the
26    requirements  for certification, the Department shall certify
27    the community as an economically distressed community.
28        (b)  A community that is certified by the  Department  as
29    an  economically  distressed community may appoint a Board of
30    Economic Advisors to create and  implement  a  revitalization
31    plan for the community. The Board shall consist of 12 members
32    of  the  community,  appointed  by the mayor or the presiding
 
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 1    officer of the county or jointly by the presiding officers of
 2    each municipality and county  that  have  joined  to  form  a
 3    community  for  the  purposes  of this Act. The Board members
 4    shall be appointed from the 12  sectors  vital  to  community
 5    redevelopment as follows:
 6             (1)  A member representing households and families.
 7             (2)  A member representing religious organizations.
 8             (3)  A member representing educational institutions.
 9             (4)  A  member  representing  daycare  centers, care
10        centers for the handicapped, and  care  centers  for  the
11        disadvantaged.
12             (5)  A    member    representing   community   based
13        organizations   such    as    neighborhood    improvement
14        associations.
15             (6)  A   member   representing   federal  and  State
16        employment service systems, skill training  centers,  and
17        placement referrals.
18             (7)  A  member  representing  Masonic organizations,
19        fraternities, sororities, and social clubs.
20             (8)  A member representing hospitals, nursing homes,
21        senior citizens,  public  health  agencies,  and  funeral
22        homes.
23             (9)  A  member representing organized sports, parks,
24        parties, and games of chance.
25             (10)  A  member  representing   political   parties,
26        clubs,  and  affiliations,  and  election related matters
27        concerning voter education and participation.
28             (11)  A member representing the cultural aspects  of
29        the  community,  including  cultural  events, lifestyles,
30        languages,  music,  visual  and  performing   arts,   and
31        literature.
32             (12)  A   member   representing   police   and  fire
33        protection agencies, prisons, weapons  systems,  and  the
34        military industrial complex.
 
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 1        The  Board  shall  meet  initially  within 30 days of its
 2    appointment, shall select one member as  chairperson  at  its
 3    initial meeting, and shall thereafter meet at the call of the
 4    chairperson.   Members  of  the  Board  shall  serve  without
 5    compensation but shall be reimbursed for their reasonable and
 6    necessary expenses from funds available for that purpose.
 7        (b)  The  Board  shall  create   a   3-year   to   5-year
 8    revitalization plan for the community. The plan shall contain
 9    distinct,   measurable  objectives  for  revitalization.  The
10    objectives shall be used to guide ongoing  implementation  of
11    the  plan and to measure progress during the 3-year to 5-year
12    period. The Board shall work in  a  dynamic  manner  defining
13    goals for the community based on the strengths and weaknesses
14    of  the  individual  sectors of the community as presented by
15    each member of the Board. The Board shall  meet  periodically
16    and revise the plan in light of the input from each member of
17    the   Board  concerning  his  or  her  respective  sector  of
18    expertise.  The  process  shall   be   a   community   driven
19    revitalization    process,   with   community-specific   data
20    determining the direction and scope of the revitalization.

21        Section 20.  Action by the Board.
22        (a)  Organize. The Board shall first assess the needs and
23    the resources of  the  community  operating  from  the  basic
24    premise that the family unit is the primary unit of community
25    and  that  the  demand  for  goods  and  services  from  this
26    residential  sector is the main source of recovery and growth
27    for  the  redevelopment  of  a  community.  The  Board  shall
28    inventory community assets, including the  condition  of  the
29    family  with  respect  to  the role of the family as workers,
30    consumers, and investors. The Board shall inventory the  type
31    and  viability  of businesses and industries currently in the
32    community. In compiling the inventory, the Board  shall  rely
33    on  the input of each Board member with respect to his or her
 
                            -5-      LRB093 02212 LRD 15799 a
 1    expertise in a given sector of the revitalization plan.
 2        (b)  Revitalize. In implementing the revitalization plan,
 3    the Board shall focus on and build from existing resources in
 4    the community, growing existing businesses rather than luring
 5    business into the community from the outside. The Board shall
 6    also focus on the residents themselves rather than jobs.  The
 7    Board shall promote investment in training residents in areas
 8    that  will  lead to employment and in turn will bring revenue
 9    into the community.
10        (c)  Mobilize. The Board  shall  engage  in  the  dynamic
11    process of community self-revitalization through a continuous
12    reassessment   of   the   needs   of  the  community  in  the
13    revitalization process. As each goal of the 3-year to  5-year
14    plan  is achieved, the Board shall draw from the resources of
15    its  members  to  establish  new  goals  and  implement   new
16    strategies  employing  the  lessons  learned  in  the earlier
17    stages of revitalization.
18        (d)  Advise. The Board shall Act as the  liaison  between
19    the  community  and  the local, county, and State Government.
20    The  Board  shall  make  use  of  the  resources   of   these
21    governmental  entities  and  shall provide counsel to each of
22    these bodies with respect to economic development.
23        The Board shall also act as  a  liaison  between  private
24    business  entities located in the community and the community
25    itself. The Board shall offer advice and assistance to  these
26    entities  when  requested and provide incentives and support,
27    both economic and  otherwise,  to  facilitate  expansion  and
28    further investment in the community by the businesses.
29        The  Board  shall annually submit a report to the General
30    Assembly and the Governor summarizing the accomplishments  of
31    the  community concerning revitalization and the goals of the
32    community for future revitalization.

33        Section 25.  Funding sources.
 
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 1        (a)  The   moneys   appropriated   into   the   Intercity
 2    Development Fund, which is hereby created as a  special  fund
 3    in the State Treasury, shall be allocated as follows:
 4        (1)  50%  shall  be  paid to the Department to be used to
 5    make grants as follows:
 6             (A)  25% shall be allocated for use within the  City
 7        of Chicago;
 8             (B)  25%  shall  be  allocated  for  use within Cook
 9        County, but outside of the City of Chicago; and
10             (C)  50% shall be allocated to communities that  are
11        located  outside  of  Cook  County  and  are certified as
12        economically distressed communities and that have created
13        Boards of  Economic  Advisors  under  this  Act  for  the
14        operational expenses of the Boards.
15        The   procedures   for   grant   applications   shall  be
16    established by the Department by rule.
17        (2)  The remaining 50% of the moneys shall  be  allocated
18    as follows:
19             (A)  25% shall be paid, subject to appropriation, to
20        the general fund of the City of Chicago;
21             (B)  25% shall be paid, subject to appropriation, to
22        the general fund of Cook County; and
23             (C)  50% shall be paid, subject to appropriation, to
24        the general funds of communities that are located outside
25        of   Cook   County  and  are  certified  as  economically
26        distressed communities and that have  created  Boards  of
27        Economic  Advisors  under  this  Act  for the operational
28        expenses of the Boards.
29        (b)  The Board, as a vital part of  its  function,  shall
30    seek  funding  sources  to  enhance economic development. The
31    Board shall seek funding from the local, State,  and  federal
32    government  as  well as from private funding sources, whether
33    in the form of grants, loans, or  otherwise.  The  Department
34    shall  advise  the  Boards of Economic Advisors created under
 
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 1    this Act of all available sources  of  funding  for  economic
 2    development  that  it is aware of and shall assist the Boards
 3    in securing this funding.
 4        (c)  To the extent that there is a  gap  in  funding  for
 5    economic  development,  the  Board  shall  recommend possible
 6    solutions to be undertaken by the State  in  addressing  this
 7    issue to fill the funding gap.

 8        Section  75.   The  Illinois  Horse Racing Act of 1975 is
 9    amended by changing Sections 1.2, 3.11, 9, 20, 25, 26,  26.1,
10    27,  28.1, 30, 31, 36, and 42 and adding Sections 3.24, 3.25,
11    3.26, 3.27, 34.2, and 56 as follows:

12        (230 ILCS 5/1.2)
13        Sec. 1.2.  Legislative intent. This Act  is  intended  to
14    benefit  the  people  of the State of Illinois by encouraging
15    the  breeding  and  production  of  race  horses,   assisting
16    economic  development,  and  promoting  Illinois tourism. The
17    General Assembly finds and  declares  it  to  be  the  public
18    policy of the State of Illinois to:
19        (a)  support and enhance Illinois' horse racing industry,
20    which  is  a  significant  component  within the agribusiness
21    industry;
22        (b)  ensure that Illinois' horse racing industry  remains
23    competitive with neighboring states;
24        (c)  stimulate   growth  within  Illinois'  horse  racing
25    industry, thereby encouraging new investment and  development
26    to  produce  additional tax revenues and to create additional
27    jobs;
28        (d)  promote the further growth of tourism;
29        (e)  encourage   the   breeding   of   thoroughbred   and
30    standardbred horses in this State; and
31        (f)  ensure that  public  confidence  and  trust  in  the
32    credibility  and  integrity  of  racing  operations  and  the
 
                            -8-      LRB093 02212 LRD 15799 a
 1    regulatory process is maintained.
 2    (Source: P.A. 91-40, eff. 6-25-99.)

 3        (230 ILCS 5/3.11) (from Ch. 8, par. 37-3.11)
 4        Sec.  3.11.  "Organization  licensee"  means  any person,
 5    not-for-profit corporation, municipality, or legal  authority
 6    with  bonding  power created to promote tourism, receiving an
 7    organization license from the Board to conduct a race meeting
 8    or meetings.
 9    (Source: P.A. 79-1185.)

10        (230 ILCS 5/3.24 new)
11        Sec. 3.24. "Adjusted  gross  receipts"  means  the  gross
12    receipts   from  electronic  gaming  less  winnings  paid  to
13    wagerers.

14        (230 ILCS 5/3.25 new)
15        Sec.  3.25.  "Electronic  gaming"  means   slot   machine
16    gambling  conducted at a race track pursuant to an electronic
17    gaming license.

18        (230 ILCS 5/3.26 new)
19        Sec. 3.26. "Electronic gaming license" means a license to
20    conduct electronic gaming issued under Section 56.

21        (230 ILCS 5/3.27 new)
22        Sec.  3.27.  "Electronic  gaming  facility"  means   that
23    portion  of an organization licensee's race track facility at
24    which electronic gaming is conducted.

25        (230 ILCS 5/9) (from Ch. 8, par. 37-9)
26        Sec. 9.  The Board shall have all  powers  necessary  and
27    proper  to  fully  and  effectively execute the provisions of
28    this Act, including, but not limited to, the following:
 
                            -9-      LRB093 02212 LRD 15799 a
 1        (a)  The  Board   is   vested   with   jurisdiction   and
 2    supervision  over  all  race meetings in this State, over all
 3    licensees doing business in this State, over  all  occupation
 4    licensees,  and  over  all  persons  on the facilities of any
 5    licensee. Such jurisdiction shall include the power to  issue
 6    licenses   to   the   Illinois   Department   of  Agriculture
 7    authorizing the pari-mutuel system of wagering on harness and
 8    Quarter Horse races held (1)  at the Illinois State  Fair  in
 9    Sangamon  County,  and (2) at the DuQuoin State Fair in Perry
10    County. The jurisdiction of the Board shall also include  the
11    power to issue licenses to county fairs which are eligible to
12    receive  funds  pursuant to the Agricultural Fair Act, as now
13    or  hereafter  amended,  or  their  agents,  authorizing  the
14    pari-mutuel system of wagering on horse  races  conducted  at
15    the  county  fairs  receiving  such  licenses.  Such licenses
16    shall be governed by subsection (n) of this Section.
17        Upon application, the Board shall issue a license to  the
18    Illinois  Department  of  Agriculture  to conduct harness and
19    Quarter Horse races at the Illinois State  Fair  and  at  the
20    DuQuoin  State Fairgrounds during the scheduled dates of each
21    fair.  The Board shall not  require  and  the  Department  of
22    Agriculture shall be exempt from the requirements of Sections
23    15.3,  18  and  19,  paragraphs  (a)(2),  (b), (c), (d), (e),
24    (e-5), (e-10), (f), (g), and (h) of Section 20, and  Sections
25    21,  24  and  25. The Board and the Department of Agriculture
26    may extend any or all of these exemptions to  any  contractor
27    or  agent engaged by the Department of Agriculture to conduct
28    its race meetings when the Board determines that  this  would
29    best  serve  the  public  interest  and the interest of horse
30    racing.
31        Notwithstanding any provision of law to the contrary,  it
32    shall  be  lawful  for  any  licensee  to operate pari-mutuel
33    wagering or contract with the Department  of  Agriculture  to
34    operate pari-mutuel wagering at the DuQuoin State Fairgrounds
 
                            -10-     LRB093 02212 LRD 15799 a
 1    or  for  the  Department  to  enter  into  contracts  with  a
 2    licensee,  employ  its owners, employees or agents and employ
 3    such other  occupation  licensees  as  the  Department  deems
 4    necessary in connection with race meetings and wagerings.
 5        (b)  The   Board   is  vested  with  the  full  power  to
 6    promulgate reasonable rules and regulations for  the  purpose
 7    of  administering the provisions of this Act and to prescribe
 8    reasonable rules, regulations and conditions under which  all
 9    horse  race  meetings  or  wagering  in  the  State  shall be
10    conducted.  Such reasonable rules   and  regulations  are  to
11    provide  for  the  prevention of practices detrimental to the
12    public interest and to promote the best  interests  of  horse
13    racing and to impose penalties for violations thereof.
14        (c)  The  Board,  and  any  person  or persons to whom it
15    delegates this power, is vested with the power to  enter  the
16    facilities  and  other  places of business of any licensee to
17    determine  whether  there  has  been  compliance   with   the
18    provisions of this Act and its rules and regulations.
19        (d)  The  Board,  and  any  person  or persons to whom it
20    delegates  this  power,  is  vested  with  the  authority  to
21    investigate alleged violations of the provisions of this Act,
22    its  reasonable  rules  and  regulations,  orders  and  final
23    decisions; the  Board  shall  take  appropriate  disciplinary
24    action  against  any  licensee  or  occupation  licensee  for
25    violation  thereof  or institute appropriate legal action for
26    the enforcement thereof.
27        (e)  The Board, and any person  or  persons  to  whom  it
28    delegates  this  power,  may  eject  or exclude from any race
29    meeting or the  facilities  of  any  licensee,  or  any  part
30    thereof,  any  occupation  licensee  or  any other individual
31    whose conduct or reputation is  such  that  his  presence  on
32    those  facilities may, in the opinion of the Board, call into
33    question  the  honesty  and  integrity  of  horse  racing  or
34    wagering or interfere  with  the  orderly  conduct  of  horse
 
                            -11-     LRB093 02212 LRD 15799 a
 1    racing  or  wagering; provided, however, that no person shall
 2    be excluded or ejected from the facilities  of  any  licensee
 3    solely on the grounds of race, color, creed, national origin,
 4    ancestry,   or  sex.   The  power  to  eject  or  exclude  an
 5    occupation licensee or other individual may be exercised  for
 6    just   cause  by  the  licensee  or  the  Board,  subject  to
 7    subsequent hearing by the Board as to the propriety  of  said
 8    exclusion.
 9        (f)  The  Board  is  vested  with  the  power to acquire,
10    establish, maintain and operate (or provide  by  contract  to
11    maintain   and  operate)  testing  laboratories  and  related
12    facilities, for the  purpose  of  conducting  saliva,  blood,
13    urine  and  other tests on the horses run or to be run in any
14    horse race meeting, including races run at county fairs,  and
15    to  purchase  all  equipment and supplies deemed necessary or
16    desirable in connection with any  such  testing  laboratories
17    and related facilities and all such tests.
18        (g)  The  Board  may  require that the records, including
19    financial or other statements of any licensee or  any  person
20    affiliated  with  the  licensee  who  is involved directly or
21    indirectly in the activities of  any  licensee  as  regulated
22    under  this  Act  to the extent that those financial or other
23    statements relate to such activities be kept in  such  manner
24    as  prescribed  by  the Board, and that Board employees shall
25    have access  to  those  records  during  reasonable  business
26    hours.   Within  120 days of the end of its fiscal year, each
27    licensee  shall  transmit  to  the  Board  an  audit  of  the
28    financial transactions and condition of the licensee's  total
29    operations.   All  audits  shall  be  conducted  by certified
30    public accountants.  Each certified public accountant must be
31    registered in the State of Illinois under the Illinois Public
32    Accounting Act.  The compensation for each  certified  public
33    accountant  shall  be  paid  directly  by the licensee to the
34    certified public accountant.  A licensee  shall  also  submit
 
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 1    any  other  financial  or related information the Board deems
 2    necessary to effectively administer this Act and  all  rules,
 3    regulations, and final decisions promulgated under this Act.
 4        (h)  The  Board  shall  name  and  appoint  in the manner
 5    provided by the rules  and  regulations  of  the  Board:   an
 6    Executive  Director;  a  State  director  of  mutuels;  State
 7    veterinarians  and  representatives  to  take  saliva, blood,
 8    urine and other tests on horses; licensing personnel; revenue
 9    inspectors; and State seasonal employees (excluding admission
10    ticket sellers and mutuel clerks).  All of  those  named  and
11    appointed  as  provided in this subsection shall serve during
12    the pleasure of  the  Board;  their  compensation   shall  be
13    determined  by  the  Board  and be paid in the same manner as
14    other employees of the Board under this Act.
15        (i)  The Board  shall  require  that  there  shall  be  3
16    stewards at each horse race meeting, at least 2 of whom shall
17    be  named  and appointed by the Board.  Stewards appointed or
18    approved by the Board, while performing  duties  required  by
19    this  Act  or  by  the  Board,  shall be entitled to the same
20    rights and immunities as granted to Board members  and  Board
21    employees in Section 10 of this Act.
22        (j)  The Board may discharge any Board employee who fails
23    or  refuses  for  any  reason  to  comply  with the rules and
24    regulations of the Board, or  who,  in  the  opinion  of  the
25    Board,  is guilty of fraud, dishonesty or who is proven to be
26    incompetent. The Board  shall  have  no  right  or  power  to
27    determine  who  shall  be officers, directors or employees of
28    any licensee, or their salaries  except  the  Board  may,  by
29    rule,  require  that  all  or  any  officials or employees in
30    charge of or whose duties relate to  the  actual  running  of
31    races be  approved by the Board.
32        (k)  The  Board  is  vested  with  the  power  to appoint
33    delegates to execute any of the powers granted  to  it  under
34    this  Section  for  the purpose of administering this Act and
 
                            -13-     LRB093 02212 LRD 15799 a
 1    any rules or regulations promulgated in accordance with  this
 2    Act.
 3        (l)  The  Board  is vested with the power to impose civil
 4    penalties of up to $5,000 against an  individual  and  up  to
 5    $10,000   against  a  licensee  for  each  violation  of  any
 6    provision of this Act, any rules adopted by  the  Board,  any
 7    order  of the Board or any other action which, in the Board's
 8    discretion, is a detriment or impediment to horse  racing  or
 9    wagering.
10        (m)  The  Board  is  vested with the power to prescribe a
11    form to be used by licensees as an application for employment
12    for employees of each licensee.
13        (n)  The Board shall have the power to issue a license to
14    any county fair, or its agent, authorizing the conduct of the
15    pari-mutuel system of wagering.  The Board is vested with the
16    full power to promulgate reasonable  rules,  regulations  and
17    conditions  under  which  all  horse  race  meetings licensed
18    pursuant to this subsection  shall  be  held  and  conducted,
19    including  rules,  regulations and conditions for the conduct
20    of  the  pari-mutuel  system   of   wagering.    The   rules,
21    regulations  and  conditions shall provide for the prevention
22    of practices detrimental to the public interest and  for  the
23    best interests of horse racing, and shall prescribe penalties
24    for  violations  thereof.   Any  authority  granted the Board
25    under  this  Act  shall  extend  to  its   jurisdiction   and
26    supervision  over  county  fairs,  or  their agents, licensed
27    pursuant to this subsection.  However, the  Board  may  waive
28    any  provision  of this Act or its rules or regulations which
29    would otherwise apply to such county fairs or their agents.
30        (o)  Whenever the Board is authorized or required by  law
31    to   consider   some   aspect   of  criminal  history  record
32    information for the purpose of  carrying  out  its  statutory
33    powers  and  responsibilities, then, upon request and payment
34    of fees in  conformance  with  the  requirements  of  Section
 
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 1    2605-400  of  the  Department  of  State  Police Law (20 ILCS
 2    2605/2605-400), the Department of State Police is  authorized
 3    to   furnish,   pursuant  to  positive  identification,  such
 4    information contained in  State  files  as  is  necessary  to
 5    fulfill the request.
 6        (p)  To  insure  the  convenience,  comfort, and wagering
 7    accessibility of race  track  patrons,  to  provide  for  the
 8    maximization  of  State revenue, and to generate increases in
 9    purse allotments to the horsemen, the Board shall require any
10    licensee to staff the pari-mutuel  department  with  adequate
11    personnel.
12    (Source: P.A. 91-239, eff. 1-1-00.)

13        (230 ILCS 5/20) (from Ch. 8, par. 37-20)
14        Sec.  20. (a) Any person desiring to conduct a horse race
15    meeting may apply to the Board for an  organization  license.
16    The  application  shall  be  made  on  a  form prescribed and
17    furnished by the Board.  The application shall specify:
18             (1)  the dates on which it intends  to  conduct  the
19        horse  race  meeting, which dates shall be provided under
20        Section 21;
21             (2)  the hours of each racing day between  which  it
22        intends to hold or conduct horse racing at such meeting;
23             (3)  the  location  where it proposes to conduct the
24        meeting; and
25             (4)  any other information the Board may  reasonably
26        require.
27        (b)  A  separate  application for an organization license
28    shall be filed for each horse race meeting which such  person
29    proposes  to  hold.  Any  such  application,  if  made  by an
30    individual, or by any individual as trustee, shall be  signed
31    and  verified  under  oath  by  such  individual.  If made by
32    individuals or a partnership, it shall be signed and verified
33    under oath by at least 2 of such individuals  or  members  of
 
                            -15-     LRB093 02212 LRD 15799 a
 1    such    partnership  as  the  case  may  be.  If  made  by an
 2    association, corporation, corporate  trustee  or   any  other
 3    entity,  it  shall be signed by the president and attested by
 4    the secretary or assistant secretary under the seal  of  such
 5    association, trust or corporation if it has a seal, and shall
 6    also be verified under oath by one of the signing officers.
 7        (c)  The  application  shall  specify  the  name  of  the
 8    persons,  association,  trust,  or  corporation  making  such
 9    application  and the post office address of the applicant; if
10    the applicant is a trustee, the names and  addresses  of  the
11    beneficiaries;  if  a  corporation, the names and post office
12    addresses of all officers, stockholders and directors; or  if
13    such  stockholders hold stock as a  nominee or fiduciary, the
14    names  and  post   office   addresses   of   these   persons,
15    partnerships,  corporations, or trusts who are the beneficial
16    owners thereof or who are  beneficially  interested  therein;
17    and  if a partnership, the names and post office addresses of
18    all partners, general or  limited;  if  the  applicant  is  a
19    corporation, the name of the state of its incorporation shall
20    be specified.
21        (d)  The  applicant shall execute and file with the Board
22    a good faith affirmative action plan to recruit,  train,  and
23    upgrade   minorities   in   all  classifications  within  the
24    association.
25        (e)  With such application there shall  be  delivered  to
26    the  Board  a  certified  check  or bank draft payable to the
27    order of the  Board  for  an  amount  equal  to  $1,000.  All
28    applications  for  the  issuance  of  an organization license
29    shall be filed with the Board before August  1  of  the  year
30    prior  to the year for which application is made and shall be
31    acted upon by the Board at a meeting to be held on such  date
32    as  shall  be  fixed  by the Board during the last 15 days of
33    September of such prior year.  At  such  meeting,  the  Board
34    shall  announce  the  award  of the racing meets, live racing
 
                            -16-     LRB093 02212 LRD 15799 a
 1    schedule, and designation of host track to the applicants and
 2    its  approval  or  disapproval  of   each   application.   No
 3    announcement shall be considered binding until a formal order
 4    is  executed  by  the Board, which shall be executed no later
 5    than October 15 of that prior year. Absent the  agreement  of
 6    the  affected  organization  licensees,  the  Board shall not
 7    grant overlapping race meetings to 2 or more tracks that  are
 8    within  100  miles  of each other to conduct the thoroughbred
 9    racing.
10        (e-2)  In awarding racing dates for  calendar  year  2004
11    and  thereafter,  the Board shall award the same total number
12    of racing days as it awarded in calendar year  2003  plus  an
13    amount  as  provided in subsection (e-3).  In awarding racing
14    dates under this subsection (e-2), the Board shall  have  the
15    discretion  to allocate those racing dates among organization
16    licensees.
17        (e-3)  Upon request, the Board shall award at  least  100
18    standardbred  racing  dates to the organization licensee that
19    conducts racing at Fairmount Race Track.   Any  racing  dates
20    awarded  under  this  subsection  (e-3)  to  an  organization
21    licensee  that  conducts  racing at Fairmount Race Track that
22    are in excess of the  number  awarded  to  that  organization
23    licensee  in  2003 shall be in addition to those racing dates
24    awarded under subsection (e-2).
25        (e-5)  In reviewing an application  for  the  purpose  of
26    granting  an  organization  license  consistent with the best
27    interests of the public and the sport of  horse  racing,  the
28    Board shall consider:
29             (1)  the   character,  reputation,  experience,  and
30        financial integrity of the applicant  and  of  any  other
31        separate person that either:
32                  (i)  controls   the   applicant,   directly  or
33             indirectly, or
34                  (ii)  is controlled, directly or indirectly, by
 
                            -17-     LRB093 02212 LRD 15799 a
 1             that applicant or by a person who controls, directly
 2             or indirectly, that applicant;
 3             (2)  the   applicant's   facilities   or    proposed
 4        facilities for conducting horse racing;
 5             (3)  the  total  revenue  without  regard to Section
 6        32.1 to be derived by the State  and  horsemen  from  the
 7        applicant's conducting a race meeting;
 8             (4)  the  applicant's  good faith affirmative action
 9        plan to recruit, train, and  upgrade  minorities  in  all
10        employment classifications;
11             (5)  the  applicant's  financial ability to purchase
12        and maintain adequate liability and casualty insurance;
13             (6)  the  applicant's  proposed  and  prior   year's
14        promotional  and marketing activities and expenditures of
15        the applicant associated with those activities;
16             (7)  an  agreement,  if  any,   among   organization
17        licensees  as provided in subsection (b) of Section 21 of
18        this Act; and
19             (8)  the extent to which the  applicant  exceeds  or
20        meets other standards for the issuance of an organization
21        license that the Board shall adopt by rule.
22        In  granting  organization  licenses and allocating dates
23    for horse race meetings, the Board shall have  discretion  to
24    determine  an overall schedule, including required simulcasts
25    of Illinois races by host tracks that will, in its  judgment,
26    be  conducive  to  the  best  interests of the public and the
27    sport of horse racing.
28        (e-10)  The Illinois Administrative Procedure  Act  shall
29    apply  to  administrative  procedures of the Board under this
30    Act for the granting of an organization license, except  that
31    (1)  notwithstanding  the  provisions  of  subsection  (b) of
32    Section 10-40 of the Illinois  Administrative  Procedure  Act
33    regarding  cross-examination,  the  Board may prescribe rules
34    limiting the right of an  applicant  or  participant  in  any
 
                            -18-     LRB093 02212 LRD 15799 a
 1    proceeding  to  award  an  organization  license  to  conduct
 2    cross-examination  of witnesses at that proceeding where that
 3    cross-examination would unduly obstruct the timely  award  of
 4    an organization license under subsection (e) of Section 20 of
 5    this Act; (2) the provisions of Section 10-45 of the Illinois
 6    Administrative Procedure Act regarding proposals for decision
 7    are   excluded   under  this  Act;  (3)  notwithstanding  the
 8    provisions of subsection (a) of Section 10-60 of the Illinois
 9    Administrative   Procedure    Act    regarding    ex    parte
10    communications,  the  Board  may  prescribe rules allowing ex
11    parte communications with applicants  or  participants  in  a
12    proceeding  to award an organization license where conducting
13    those communications would be in the best interest of racing,
14    provided all those communications are made part of the record
15    of that proceeding pursuant  to  subsection  (c)  of  Section
16    10-60  of  the Illinois Administrative Procedure Act; (4) the
17    provisions of Section 14a of this Act and the  rules  of  the
18    Board  promulgated  under that Section shall apply instead of
19    the provisions of Article 10 of the  Illinois  Administrative
20    Procedure  Act  regarding  administrative law judges; and (5)
21    the provisions of subsection (d)  of  Section  10-65  of  the
22    Illinois  Administrative  Procedure  Act that prevent summary
23    suspension of a license pending revocation  or  other  action
24    shall not apply.
25        (f)  The  Board may allot racing dates to an organization
26    licensee for more than one calendar year but for no more than
27    3 successive calendar years in  advance,  provided  that  the
28    Board  shall review such allotment for more than one calendar
29    year prior to each year for which  such  allotment  has  been
30    made.   The  granting  of an organization license to a person
31    constitutes a privilege to conduct a horse race meeting under
32    the  provisions  of  this  Act,  and  no  person  granted  an
33    organization  license  shall  be  deemed  to  have  a  vested
34    interest, property right, or future expectation to receive an
 
                            -19-     LRB093 02212 LRD 15799 a
 1    organization license in any subsequent year as  a  result  of
 2    the   granting   of  an  organization  license.  Organization
 3    licenses shall be subject to revocation if  the  organization
 4    licensee  has violated any provision of this Act or the rules
 5    and regulations  promulgated  under  this  Act  or  has  been
 6    convicted  of a crime or has failed to disclose or has stated
 7    falsely any information called for in the application for  an
 8    organization  license.   Any  organization license revocation
 9    proceeding shall be in accordance with Section  16  regarding
10    suspension and revocation of occupation licenses.
11        (f-5)  If,  (i)  an applicant does not file an acceptance
12    of the racing dates awarded by the Board  as  required  under
13    part  (1)  of  subsection  (h) of this Section 20, or (ii) an
14    organization licensee has its license  suspended  or  revoked
15    under  this  Act,  the  Board,  upon  conducting an emergency
16    hearing as provided for  in  this  Act,  may  reaward  on  an
17    emergency  basis  pursuant to rules established by the Board,
18    racing dates not accepted or the racing dates associated with
19    any  suspension  or  revocation  period  to   one   or   more
20    organization  licensees,  new  applicants, or any combination
21    thereof, upon terms and conditions that the Board  determines
22    are   in   the   best   interest  of  racing,  provided,  the
23    organization  licensees  or  new  applicants  receiving   the
24    awarded  racing  dates  file an acceptance of those reawarded
25    racing dates as required under paragraph  (1)  of  subsection
26    (h)  of  this Section 20 and comply with the other provisions
27    of this Act.   The  Illinois  Administrative  Procedures  Act
28    shall not apply to the administrative procedures of the Board
29    in  conducting  the emergency hearing and the reallocation of
30    racing dates on an emergency basis.
31        (g)  (Blank).
32        (h)  The Board shall send the applicant  a  copy  of  its
33    formally  executed  order  by certified mail addressed to the
34    applicant at the address stated  in  his  application,  which
 
                            -20-     LRB093 02212 LRD 15799 a
 1    notice  shall  be mailed within 5 days of the date the formal
 2    order is executed.
 3        Each applicant  notified  shall,  within  10  days  after
 4    receipt  of  the  final  executed order of the Board awarding
 5    racing dates:
 6             (1)  file with the Board an acceptance of such award
 7        in the form prescribed by the Board;
 8             (2)  pay to the Board an additional amount equal  to
 9        $110 for each racing date awarded; and
10             (3)  file  with  the  Board  the  bonds  required in
11        Sections 21 and 25 at least 20 days prior  to  the  first
12        day of each race meeting.
13    Upon  compliance  with the provisions of paragraphs (1), (2),
14    and (3) of this subsection (h), the applicant shall be issued
15    an organization license.
16        If any applicant fails to comply  with  this  Section  or
17    fails  to  pay the organization license fees herein provided,
18    no organization license shall be issued to such applicant.
19    (Source: P.A. 91-40, eff. 6-25-99.)

20        (230 ILCS 5/25) (from Ch. 8, par. 37-25)
21        Sec.  25.  Admissions  tax;  records  and  books;   bond;
22    penalty.
23        (a)  There  shall  be  paid  to the Board at such time or
24    times as it shall prescribe, the sum of fifteen  cents  (15¢)
25    for  each  person  entering  the grounds or enclosure of each
26    organization licensee and inter-track wagering licensee  upon
27    a ticket of admission except as provided in subsection (g) of
28    Section  27 of this Act.  If tickets are issued for more than
29    one day then the sum of fifteen cents (15¢) shall be paid for
30    each person using such ticket on each day that the same shall
31    be used.  Provided, however, that no charge shall be made  on
32    tickets  of admission issued to and in the name of directors,
33    officers, agents or employees of the  organization  licensee,
 
                            -21-     LRB093 02212 LRD 15799 a
 1    or  inter-track  wagering  licensee,  or to owners, trainers,
 2    jockeys, drivers and their employees  or  to  any  person  or
 3    persons entering the grounds or enclosure for the transaction
 4    of  business  in  connection  with  such  race  meeting.  The
 5    organization licensee or inter-track wagering  licensee  may,
 6    if it desires, collect such amount from each ticket holder in
 7    addition  to the amount or amounts charged for such ticket of
 8    admission.
 9        (b) Accurate records and books shall at all times be kept
10    and maintained by the organization licensees and  inter-track
11    wagering  licensees  showing the admission tickets issued and
12    used on each racing day and the attendance  thereat  of  each
13    horse  racing  meeting.   The  Board  or  its duly authorized
14    representative or representatives  shall  at  all  reasonable
15    times   have   access   to   the  admission  records  of  any
16    organization licensee and inter-track wagering  licensee  for
17    the   purpose   of   examining  and  checking  the  same  and
18    ascertaining whether or not the proper amount has been or  is
19    being  paid  the  State  of  Illinois as herein provided. The
20    Board shall also require, before issuing  any  license,  that
21    the  licensee shall execute and deliver to it a bond, payable
22    to the State of Illinois, in such sum as it shall  determine,
23    not,  however, in excess of fifty thousand dollars ($50,000),
24    with a surety or sureties to be approved by  it,  conditioned
25    for  the  payment of all sums due and payable or collected by
26    it under this Section upon admission fees  received  for  any
27    particular  racing meetings.  The Board may also from time to
28    time require sworn statements of the  number  or  numbers  of
29    such  admissions  and  may  prescribe  blanks upon which such
30    reports  shall  be  made.   Any  organization   licensee   or
31    inter-track wagering licensee failing or  refusing to pay the
32    amount  found  to  be due as herein provided, shall be deemed
33    guilty of a business offense and  upon  conviction  shall  be
34    punished  by  a  fine  of not more than five thousand dollars
 
                            -22-     LRB093 02212 LRD 15799 a
 1    ($5,000) in addition to the amount due from such organization
 2    licensee or inter-track wagering licensee as herein provided.
 3    All fines paid into court  by  an  organization  licensee  or
 4    inter-track  wagering licensee found guilty of violating this
 5    Section shall be transmitted and paid over by  the  clerk  of
 6    the court to the Board.
 7        (c)  In  addition  to  the  admission  tax  imposed under
 8    subsection (a), a tax of $1 is hereby imposed for each person
 9    who enters the grounds  or  enclosure  of  each  organization
10    licensee. The tax is imposed upon the organization licensee.
11             (1)  The  admission  tax  shall  be  paid  for  each
12        admission.
13             (2)  An  organization  licensee  may  issue tax-free
14        passes to actual and necessary officials and employees of
15        the licensee  and  other  persons  associated  with  race
16        meeting operations.
17             (3)  The  number  and issuance of tax-free passes is
18        subject to the rules of the Board,  and  a  list  of  all
19        persons  to  whom the tax-free passes are issued shall be
20        filed with the Board.
21             (4)  The organization licensee shall pay the  entire
22        admission  tax  to the Board. Such payments shall be made
23        daily. Accompanying each payment shall  be  a  return  on
24        forms  provided  by  the  Board which shall include other
25        information regarding admission as the Board may require.
26        Failure to submit either the payment or the return within
27        the specified time may result in suspension or revocation
28        of the organization licensee's license.
29             (5)  The Board  shall  administer  and  collect  the
30        admission  tax  imposed by this subsection, to the extent
31        practicable, in a manner consistent with  the  provisions
32        of  Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 6, 6a, 6b,
33        6c, 8, 9, and 10 of the Retailers' Occupation Tax Act and
34        Section 3-7 of the Uniform Penalty and Interest Act.  All
 
                            -23-     LRB093 02212 LRD 15799 a
 1        moneys collected by the Board shall be deposited into the
 2        State Gaming Fund.
 3    (Source: P.A. 88-495; 89-16, eff. 5-30-95.)

 4        (230 ILCS 5/26) (from Ch. 8, par. 37-26)
 5        Sec. 26. Wagering.
 6        (a)  Any   licensee   may   conduct   and  supervise  the
 7    pari-mutuel system of wagering, as defined in Section 3.12 of
 8    this  Act,  on  horse  races   conducted   by   an   Illinois
 9    organization  licensee or conducted at a racetrack located in
10    another  state  or  country  and  televised  in  Illinois  in
11    accordance with subsection (g) of Section  26  of  this  Act.
12    Subject  to  the  prior  consent  of the Board, licensees may
13    supplement any pari-mutuel  pool  in  order  to  guarantee  a
14    minimum  distribution.   Such  pari-mutuel method of wagering
15    shall not, under any circumstances  if  conducted  under  the
16    provisions  of this Act, be held or construed to be unlawful,
17    other statutes of this State to the contrary notwithstanding.
18    Subject to rules for  advance  wagering  promulgated  by  the
19    Board,  any  licensee may accept wagers in advance of the day
20    of the race wagered upon occurs.
21        (b)  Except as otherwise provided in Section 56, no other
22    method of betting, pool making, wagering or gambling shall be
23    used or permitted by the licensee.  Each licensee may retain,
24    subject to the payment of all applicable taxes and purses, an
25    amount  not  to  exceed  17%  of  all  money  wagered   under
26    subsection  (a)  of  this Section, except as may otherwise be
27    permitted under this Act.
28        (b-5)  An  individual  may  place  a  wager   under   the
29    pari-mutuel  system  from  any  licensed  location authorized
30    under this Act provided that wager is electronically recorded
31    in the manner described in Section  3.12  of  this  Act.  Any
32    wager  made  electronically by an individual while physically
33    on the premises of a licensee shall be deemed  to  have  been
 
                            -24-     LRB093 02212 LRD 15799 a
 1    made at the premises of that licensee.
 2        (c)  Until  January 1, 2000, the sum held by any licensee
 3    for payment of outstanding pari-mutuel tickets, if  unclaimed
 4    prior  to  December 31 of the next year, shall be retained by
 5    the licensee for payment of such  tickets  until  that  date.
 6    Within  10 days thereafter, the balance of such sum remaining
 7    unclaimed, less any uncashed supplements contributed by  such
 8    licensee    for   the   purpose   of   guaranteeing   minimum
 9    distributions of any pari-mutuel pool, shall be paid  to  the
10    Illinois Veterans' Rehabilitation Fund of the State treasury,
11    except  as  provided  in subsection (g) of Section 27 of this
12    Act.
13        (c-5)  Beginning January 1, 2000, the  sum  held  by  any
14    licensee  for  payment of outstanding pari-mutuel tickets, if
15    unclaimed prior to December 31 of the  next  year,  shall  be
16    retained  by  the  licensee for payment of such tickets until
17    that date.  Within 10 days thereafter, the  balance  of  such
18    sum   remaining  unclaimed,  less  any  uncashed  supplements
19    contributed by such licensee for the purpose of  guaranteeing
20    minimum  distributions  of  any  pari-mutuel  pool,  shall be
21    evenly distributed to the purse account of  the  organization
22    licensee and the organization licensee.
23        (d)  A pari-mutuel ticket shall be honored until December
24    31  of the next calendar year, and the licensee shall pay the
25    same and may charge the amount thereof against  unpaid  money
26    similarly  accumulated  on account of pari-mutuel tickets not
27    presented for payment.
28        (e)  No licensee shall knowingly permit any minor,  other
29    than  an  employee  of  such  licensee  or an owner, trainer,
30    jockey, driver, or employee thereof, to be admitted during  a
31    racing program unless accompanied by a parent or guardian, or
32    any  minor  to  be  a  patron  of  the  pari-mutuel system of
33    wagering conducted or supervised by it.  The admission of any
34    unaccompanied minor, other than an employee of  the  licensee
 
                            -25-     LRB093 02212 LRD 15799 a
 1    or  an owner, trainer, jockey, driver, or employee thereof at
 2    a race track is a Class C misdemeanor.
 3        (f)  Notwithstanding the other provisions of this Act, an
 4    organization licensee may contract with an entity in  another
 5    state  or  country  to  permit  any  legal wagering entity in
 6    another state or country to accept wagers solely within  such
 7    other state or country on races conducted by the organization
 8    licensee  in  this  State.  Beginning  January 1, 2000, these
 9    wagers shall not be subject to State taxation.  Until January
10    1, 2000, when the out-of-State entity conducts a  pari-mutuel
11    pool separate from the organization licensee, a privilege tax
12    equal  to  7  1/2% of all monies received by the organization
13    licensee from entities in other states or countries  pursuant
14    to  such  contracts  is imposed on the organization licensee,
15    and such privilege tax shall be remitted to the Department of
16    Revenue within 48 hours of receipt of  the  moneys  from  the
17    simulcast.   When the out-of-State entity conducts a combined
18    pari-mutuel pool with  the  organization  licensee,  the  tax
19    shall  be  10%  of  all  monies  received by the organization
20    licensee with 25% of the receipts from this  10%  tax  to  be
21    distributed to the county in which the race was conducted.
22        An  organization  licensee  may permit one or more of its
23    races to be utilized for pari-mutuel wagering at one or  more
24    locations  in  other states and may transmit audio and visual
25    signals of races the organization licensee conducts to one or
26    more locations outside the State  or  country  and  may  also
27    permit  pari-mutuel  pools in other states or countries to be
28    combined with  its  gross  or  net  wagering  pools  or  with
29    wagering pools established by other states.
30        (g)  A  host track may accept interstate simulcast wagers
31    on horse races conducted in other  states  or  countries  and
32    shall  control  the  number of signals and types of breeds of
33    racing in its simulcast program, subject to  the  disapproval
34    of  the  Board.   The  Board may prohibit a simulcast program
 
                            -26-     LRB093 02212 LRD 15799 a
 1    only if it  finds  that  the  simulcast  program  is  clearly
 2    adverse to the integrity of racing.  The host track simulcast
 3    program  shall  include  the  signal  of  live  racing of all
 4    organization licensees. All non-host  licensees  shall  carry
 5    the  host  track  simulcast  program and accept wagers on all
 6    races included as part of the simulcast  program  upon  which
 7    wagering  is  permitted.  The  costs and expenses of the host
 8    track  and  non-host  licensees  associated  with  interstate
 9    simulcast wagering, other than the interstate commission fee,
10    shall be borne by the host track and all  non-host  licensees
11    incurring  these  costs.  The interstate commission fee shall
12    not exceed 5% of Illinois handle on the interstate  simulcast
13    race or races without prior approval of the Board.  The Board
14    shall  promulgate  rules under which it may permit interstate
15    commission fees in excess of 5%.  The  interstate  commission
16    fee   and  other  fees  charged  by  the  sending  racetrack,
17    including, but not limited to, satellite decoder fees,  shall
18    be  uniformly  applied  to  the  host  track and all non-host
19    licensees.
20             (1)  Between the hours of 6:30 a.m. and 6:30 p.m. an
21        intertrack wagering licensee other than  the  host  track
22        may  supplement  the  host  track  simulcast program with
23        additional simulcast races  or  race  programs,  provided
24        that  between  January 1 and the third Friday in February
25        of any year, inclusive, if no live thoroughbred racing is
26        occurring  in   Illinois   during   this   period,   only
27        thoroughbred   races   may   be   used  for  supplemental
28        interstate simulcast purposes.  The Board shall  withhold
29        approval  for a supplemental interstate simulcast only if
30        it finds that the simulcast is  clearly  adverse  to  the
31        integrity of racing.  A supplemental interstate simulcast
32        may  be  transmitted from an intertrack wagering licensee
33        to its affiliated  non-host  licensees.   The  interstate
34        commission  fee  for  a supplemental interstate simulcast
 
                            -27-     LRB093 02212 LRD 15799 a
 1        shall be paid by the non-host licensee and its affiliated
 2        non-host licensees receiving the simulcast.
 3             (2)  Between the hours of 6:30 p.m. and 6:30 a.m. an
 4        intertrack wagering licensee other than  the  host  track
 5        may  receive supplemental interstate simulcasts only with
 6        the consent of the host track,  except  when   the  Board
 7        finds  that  the  simulcast  is  clearly  adverse  to the
 8        integrity  of  racing.   Consent   granted   under   this
 9        paragraph  (2)  to any intertrack wagering licensee shall
10        be  deemed  consent  to  all  non-host  licensees.    The
11        interstate commission fee for the supplemental interstate
12        simulcast  shall  be  paid  by all participating non-host
13        licensees.
14             (3)  Each licensee conducting  interstate  simulcast
15        wagering  may  retain,  subject  to  the  payment  of all
16        applicable taxes and the purses, an amount not to  exceed
17        17%  of all money wagered.  If any licensee conducts  the
18        pari-mutuel  system  wagering  on  races   conducted   at
19        racetracks in another state or country, each such race or
20        race  program  shall  be considered a separate racing day
21        for the purpose  of  determining  the  daily  handle  and
22        computing  the  privilege  tax  of  that  daily handle as
23        provided in subsection (a) of Section 27.  Until  January
24        1,  2000, from the sums permitted to be retained pursuant
25        to this subsection,  each  intertrack  wagering  location
26        licensee  shall  pay 1% of the pari-mutuel handle wagered
27        on simulcast wagering to the Horse Racing Tax  Allocation
28        Fund,  subject  to  the provisions of subparagraph (B) of
29        paragraph (11) of subsection (h) of Section  26  of  this
30        Act.
31             (4)  A licensee who receives an interstate simulcast
32        may  combine  its  gross  or  net pools with pools at the
33        sending racetracks pursuant to rules established  by  the
34        Board.   All  licensees  combining their gross pools at a
 
                            -28-     LRB093 02212 LRD 15799 a
 1        sending racetrack shall adopt the take-out percentages of
 2        the sending racetrack. A licensee may  also  establish  a
 3        separate pool and takeout structure for wagering purposes
 4        on races conducted at race tracks outside of the State of
 5        Illinois.   The  licensee  may  permit pari-mutuel wagers
 6        placed in other states or countries to be  combined  with
 7        its gross or net wagering pools or other wagering pools.
 8             (5)  After  the payment of the interstate commission
 9        fee (except  for  the  interstate  commission  fee  on  a
10        supplemental interstate simulcast, which shall be paid by
11        the  host track and by each non-host licensee through the
12        host-track) and all applicable  State  and  local  taxes,
13        except  as  provided  in  subsection (g) of Section 27 of
14        this Act, the remainder of moneys retained from simulcast
15        wagering pursuant to this  subsection  (g),  and  Section
16        26.2 shall be divided as follows:
17                  (A)  For  interstate simulcast wagers made at a
18             host track, 50% to the host track and 50% to  purses
19             at the host track.
20                  (B)  For  wagers placed on interstate simulcast
21             races,  supplemental  simulcasts   as   defined   in
22             subparagraphs  (1)  and  (2),  and separately pooled
23             races conducted outside of  the  State  of  Illinois
24             made  at a non-host licensee, 25% to the host track,
25             25% to the non-host licensee, and 50% to the  purses
26             at the host track.
27             (6)  Notwithstanding  any  provision  in this Act to
28        the  contrary,  non-host  licensees  who   derive   their
29        licenses  from  a  track  located  in  a  county  with  a
30        population  in  excess  of  230,000  and that borders the
31        Mississippi River  may  receive  supplemental  interstate
32        simulcast  races  at all times subject to Board approval,
33        which shall be  withheld  only  upon  a  finding  that  a
34        supplemental  interstate  simulcast is clearly adverse to
 
                            -29-     LRB093 02212 LRD 15799 a
 1        the integrity of racing.
 2             (7)  Notwithstanding any provision of  this  Act  to
 3        the  contrary,  after payment of all applicable State and
 4        local taxes  and  interstate  commission  fees,  non-host
 5        licensees  who derive their licenses from a track located
 6        in a county with a population in excess  of  230,000  and
 7        that  borders  the  Mississippi River shall retain 50% of
 8        the retention from interstate simulcast wagers and  shall
 9        pay  50%  to  purses at the track from which the non-host
10        licensee derives its license as follows:
11                  (A)  Between January 1 and the third Friday  in
12             February,  inclusive, if no live thoroughbred racing
13             is occurring in Illinois during  this  period,  when
14             the interstate simulcast is a standardbred race, the
15             purse share to its standardbred purse account;
16                  (B)  Between  January 1 and the third Friday in
17             February, inclusive, if no live thoroughbred  racing
18             is occurring in Illinois during this period, and the
19             interstate  simulcast  is  a  thoroughbred race, the
20             purse share to its interstate simulcast  purse  pool
21             to  be  distributed  under  paragraph  (10)  of this
22             subsection (g);
23                  (C)  Between January 1 and the third Friday  in
24             February,  inclusive, if live thoroughbred racing is
25             occurring in Illinois, between 6:30  a.m.  and  6:30
26             p.m.  the  purse  share from wagers made during this
27             time period to its thoroughbred  purse  account  and
28             between 6:30 p.m. and 6:30 a.m. the purse share from
29             wagers   made   during   this  time  period  to  its
30             standardbred purse accounts;
31                  (D)  Between the third Saturday in February and
32             December 31, when the  interstate  simulcast  occurs
33             between  the  hours  of 6:30 a.m. and 6:30 p.m., the
34             purse share to its thoroughbred purse account;
 
                            -30-     LRB093 02212 LRD 15799 a
 1                  (E)  Between the third Saturday in February and
 2             December 31, when the  interstate  simulcast  occurs
 3             between  the  hours  of 6:30 p.m. and 6:30 a.m., the
 4             purse share to its standardbred purse account.
 5             (7.1)  Notwithstanding any other provision  of  this
 6        Act  to  the  contrary,  if  no  standardbred  racing  is
 7        conducted at a racetrack located in Madison County during
 8        any  calendar year beginning on or after January 1, 2002,
 9        all moneys  derived  by  that  racetrack  from  simulcast
10        wagering and inter-track wagering that (1) are to be used
11        for  purses  and  (2)  are generated between the hours of
12        6:30 p.m. and 6:30 a.m. during that calendar  year  shall
13        be paid as follows:
14                  (A)  If the licensee that conducts horse racing
15             at  that  racetrack requests from the Board at least
16             as many racing dates as were conducted  in  calendar
17             year  2000,  80%  shall  be paid to its thoroughbred
18             purse account; and
19                  (B)  Twenty percent shall be deposited into the
20             Illinois Colt Stakes  Purse  Distribution  Fund  and
21             shall  be  paid to purses for standardbred races for
22             Illinois conceived and foaled  horses  conducted  at
23             any  county  fairgrounds.  The moneys deposited into
24             the Fund pursuant to this subparagraph (B) shall  be
25             deposited  within  2  weeks  after the day they were
26             generated, shall be in addition to and not  in  lieu
27             of  any  other  moneys  paid  to standardbred purses
28             under this Act, and shall  not  be  commingled  with
29             other  moneys  paid  into  that  Fund.   The  moneys
30             deposited pursuant to this subparagraph (B) shall be
31             allocated   as   provided   by   the  Department  of
32             Agriculture, with the advice and assistance  of  the
33             Illinois Standardbred Breeders Fund Advisory Board.
34             (7.2)  Notwithstanding  any  other provision of this
 
                            -31-     LRB093 02212 LRD 15799 a
 1        Act  to  the  contrary,  if  no  thoroughbred  racing  is
 2        conducted at a racetrack located in Madison County during
 3        any calendar year beginning on or after January 1,  2002,
 4        all  moneys  derived  by  that  racetrack  from simulcast
 5        wagering and inter-track wagering that (1) are to be used
 6        for purses and (2) are generated  between  the  hours  of
 7        6:30  a.m.  and 6:30 p.m. during that calendar year shall
 8        be deposited as follows:
 9                  (A)  If the licensee that conducts horse racing
10             at that racetrack requests from the Board  at  least
11             as  many  racing dates as were conducted in calendar
12             year  2000,  80%  shall  be   deposited   into   its
13             standardbred purse account; and
14                  (B)  Twenty percent shall be deposited into the
15             Illinois   Colt   Stakes  Purse  Distribution  Fund.
16             Moneys deposited into the Illinois Colt Stakes Purse
17             Distribution Fund pursuant to this subparagraph  (B)
18             shall  be  paid  to  Illinois  conceived  and foaled
19             thoroughbred breeders' programs and to  thoroughbred
20             purses for races conducted at any county fairgrounds
21             for  Illinois  conceived  and  foaled  horses at the
22             discretion of the Department  of  Agriculture,  with
23             the   advice   and   assistance   of   the  Illinois
24             Thoroughbred  Breeders  Fund  Advisory  Board.   The
25             moneys deposited into the Illinois Colt Stakes Purse
26             Distribution Fund pursuant to this subparagraph  (B)
27             shall be deposited within 2 weeks after the day they
28             were  generated,  shall be in addition to and not in
29             lieu of any other moneys paid to thoroughbred purses
30             under this Act, and shall  not  be  commingled  with
31             other moneys deposited into that Fund.
32             (7.3)  If  no  live standardbred racing is conducted
33        at a racetrack located in Madison County in calendar year
34        2000 or 2001, an organization licensee who is licensed to
 
                            -32-     LRB093 02212 LRD 15799 a
 1        conduct horse racing  at  that  racetrack  shall,  before
 2        January  1,  2002,  pay all moneys derived from simulcast
 3        wagering and inter-track wagering in calendar years  2000
 4        and  2001 and paid into the licensee's standardbred purse
 5        account as follows:
 6                  (A)  Eighty   percent   to   that    licensee's
 7             thoroughbred   purse   account   to   be   used  for
 8             thoroughbred purses; and
 9                  (B)  Twenty percent to the Illinois Colt Stakes
10             Purse Distribution Fund.
11             Failure to make the payment  to  the  Illinois  Colt
12        Stakes  Purse  Distribution  Fund  before January 1, 2002
13        shall  result  in  the  immediate   revocation   of   the
14        licensee's  organization  license,  inter-track  wagering
15        license, and inter-track wagering location license.
16             Moneys  paid  into  the  Illinois  Colt Stakes Purse
17        Distribution Fund pursuant to this paragraph (7.3)  shall
18        be  paid  to  purses  for standardbred races for Illinois
19        conceived and  foaled  horses  conducted  at  any  county
20        fairgrounds.  Moneys  paid  into the Illinois Colt Stakes
21        Purse Distribution Fund pursuant to this paragraph  (7.3)
22        shall   be  used  as  determined  by  the  Department  of
23        Agriculture,  with  the  advice  and  assistance  of  the
24        Illinois Standardbred Breeders Fund Advisory Board, shall
25        be in addition to and not in lieu  of  any  other  moneys
26        paid to standardbred purses under this Act, and shall not
27        be commingled with any other moneys paid into that Fund.
28             (7.4)  If live standardbred racing is conducted at a
29        racetrack  located  in  Madison  County  at  any  time in
30        calendar year 2001  before  the  payment  required  under
31        paragraph  (7.3) has been made, the organization licensee
32        who is licensed to conduct racing at that racetrack shall
33        pay all moneys derived by that racetrack  from  simulcast
34        wagering  and  inter-track wagering during calendar years
 
                            -33-     LRB093 02212 LRD 15799 a
 1        2000 and 2001 that (1) are to be used for purses and  (2)
 2        are  generated  between  the  hours of 6:30 p.m. and 6:30
 3        a.m. during  2000  or  2001  to  the  standardbred  purse
 4        account  at  that  racetrack  to be used for standardbred
 5        purses.
 6             (8)  Notwithstanding any provision in  this  Act  to
 7        the  contrary,  an  organization  licensee  from  a track
 8        located in a  county  with  a  population  in  excess  of
 9        230,000  and  that  borders the Mississippi River and its
10        affiliated non-host licensees shall not  be  entitled  to
11        share  in  any retention generated on racing, inter-track
12        wagering, or simulcast wagering  at  any  other  Illinois
13        wagering facility.
14             (8.1)  Notwithstanding any provisions in this Act to
15        the  contrary, if 2 organization licensees are conducting
16        standardbred race meetings concurrently between the hours
17        of  6:30  p.m.  and  6:30  a.m.,  after  payment  of  all
18        applicable  State  and   local   taxes   and   interstate
19        commission  fees,  the  remainder  of the amount retained
20        from simulcast wagering  otherwise  attributable  to  the
21        host  track and to host track purses shall be split daily
22        between the 2 organization licensees and  the  purses  at
23        the tracks of the 2 organization licensees, respectively,
24        based  on each organization licensee's share of the total
25        live handle for that day, provided  that  this  provision
26        shall not apply to any non-host licensee that derives its
27        license   from  a  track  located  in  a  county  with  a
28        population in excess of  230,000  and  that  borders  the
29        Mississippi River.
30             (9)  (Blank).
31             (10)  (Blank).
32             (11)  (Blank).
33             (12)  The  Board  shall have authority to compel all
34        host tracks to receive the simulcast of any or all  races
 
                            -34-     LRB093 02212 LRD 15799 a
 1        conducted at the Springfield or DuQuoin State fairgrounds
 2        and  include  all  such  races as part of their simulcast
 3        programs.
 4             (13)  (Blank). Notwithstanding any  other  provision
 5        of  this  Act,  in  the  event  that  the  total Illinois
 6        pari-mutuel  handle  on  Illinois  horse  races  at   all
 7        wagering facilities in any calendar year is less than 75%
 8        of  the  total  Illinois  pari-mutuel  handle on Illinois
 9        horse races at all such wagering facilities for  calendar
10        year 1994, then each wagering facility that has an annual
11        total Illinois pari-mutuel handle on Illinois horse races
12        that  is  less than 75% of the total Illinois pari-mutuel
13        handle on Illinois horse races at such wagering  facility
14        for  calendar  year  1994, shall be permitted to receive,
15        from any amount otherwise payable to the purse account at
16        the race  track  with  which  the  wagering  facility  is
17        affiliated  in  the  succeeding  calendar year, an amount
18        equal  to  2%  of  the  differential  in  total  Illinois
19        pari-mutuel  handle  on  Illinois  horse  races  at   the
20        wagering  facility between that calendar year in question
21        and 1994 provided,  however,  that  a  wagering  facility
22        shall not be entitled to any such payment until the Board
23        certifies  in writing to the wagering facility the amount
24        to which the wagering facility is entitled and a schedule
25        for payment of the amount to the wagering facility, based
26        on: (i) the  racing  dates  awarded  to  the  race  track
27        affiliated   with   the   wagering  facility  during  the
28        succeeding year; (ii) the sums available  or  anticipated
29        to  be  available  in the purse account of the race track
30        affiliated with the wagering facility for  purses  during
31        the  succeeding  year;  and  (iii)  the  need  to  ensure
32        reasonable  purse  levels  during the payment period. The
33        Board's certification shall be  provided  no  later  than
34        January  31  of  the  succeeding  year.  In  the  event a
 
                            -35-     LRB093 02212 LRD 15799 a
 1        wagering  facility  entitled  to  a  payment  under  this
 2        paragraph (13) is  affiliated  with  a  race  track  that
 3        maintains   purse  accounts  for  both  standardbred  and
 4        thoroughbred  racing,  the  amount  to  be  paid  to  the
 5        wagering facility shall be  divided  between  each  purse
 6        account  pro rata, based on the amount of Illinois handle
 7        on  Illinois   standardbred   and   thoroughbred   racing
 8        respectively at the wagering facility during the previous
 9        calendar  year.  Annually,  the  General  Assembly  shall
10        appropriate  sufficient  funds  from  the General Revenue
11        Fund to the Department of Agriculture  for  payment  into
12        the  thoroughbred  and  standardbred  horse  racing purse
13        accounts at Illinois pari-mutuel tracks.  The amount paid
14        to each purse account shall be the  amount  certified  by
15        the  Illinois  Racing Board in  January to be transferred
16        from each account to each  eligible  racing  facility  in
17        accordance with the provisions of this Section.
18        (h)  The  Board  may  approve  and license the conduct of
19    inter-track wagering and simulcast  wagering  by  inter-track
20    wagering   licensees   and   inter-track   wagering  location
21    licensees subject to the following terms and conditions:
22             (1)  Any person licensed to conduct a  race  meeting
23        (i)  at  a  track  where  60  or more days of racing were
24        conducted during the immediately preceding calendar  year
25        or  where over the 5 immediately preceding calendar years
26        an average of 30 or more days of  racing  were  conducted
27        annually  may  be issued an inter-track wagering license;
28        (ii) at a track located in a county that  is  bounded  by
29        the  Mississippi  River,  which  has a population of less
30        than 150,000 according to the 1990 decennial census,  and
31        an average of at least 60 days of racing per year between
32        1985  and  1993  may  be  issued  an inter-track wagering
33        license; or (iii) at a track located  in  Madison  County
34        that  conducted  at  least 100 days of live racing during
 
                            -36-     LRB093 02212 LRD 15799 a
 1        the immediately preceding calendar year may be issued  an
 2        inter-track wagering license, unless a lesser schedule of
 3        live  racing  is  the result of (A) weather, unsafe track
 4        conditions, or  other  acts  of  God;  (B)  an  agreement
 5        between  the  organization  licensee and the associations
 6        representing the  largest  number  of  owners,  trainers,
 7        jockeys,  or standardbred drivers who race horses at that
 8        organization licensee's racing meeting; or (C) a  finding
 9        by  the  Board of extraordinary circumstances and that it
10        was in the best interest of the public and the  sport  to
11        conduct  fewer  than  100  days  of live racing. Any such
12        person having operating control of  the  racing  facility
13        may  also  receive  up to 6 inter-track wagering location
14        licenses. In no  event  shall  more  than  6  inter-track
15        wagering  locations be established for each eligible race
16        track, except that an eligible race track  located  in  a
17        county  that  has  a  population of more than 230,000 and
18        that is bounded by the Mississippi River may establish up
19        to 7 inter-track wagering locations. An  application  for
20        said  license shall be filed with the Board prior to such
21        dates as may be fixed by the Board.  With an  application
22        for  an inter-track wagering location license there shall
23        be delivered to the Board a certified check or bank draft
24        payable to the order of the Board for an amount equal  to
25        $500.  The  application  shall be on forms prescribed and
26        furnished by the Board.   The  application  shall  comply
27        with  all other rules, regulations and conditions imposed
28        by the Board in connection therewith.
29             (2)  The Board shall examine the  applications  with
30        respect  to  their conformity with this Act and the rules
31        and regulations imposed by the Board.  If found to be  in
32        compliance  with the Act and rules and regulations of the
33        Board, the Board may then  issue  a  license  to  conduct
34        inter-track  wagering  and  simulcast  wagering  to  such
 
                            -37-     LRB093 02212 LRD 15799 a
 1        applicant.   All such applications shall be acted upon by
 2        the Board at a meeting to be held on such date as may  be
 3        fixed by the Board.
 4             (3)  In  granting  licenses  to  conduct inter-track
 5        wagering and simulcast wagering, the Board shall give due
 6        consideration to the best interests  of  the  public,  of
 7        horse racing, and of maximizing revenue to the State.
 8             (4)  Prior  to  the issuance of a license to conduct
 9        inter-track  wagering   and   simulcast   wagering,   the
10        applicant shall file with the Board a bond payable to the
11        State  of Illinois in the sum of $50,000, executed by the
12        applicant and a surety company or companies authorized to
13        do business in this State, and conditioned upon  (i)  the
14        payment by the licensee of all taxes due under Section 27
15        or  27.1  and any other monies due and payable under this
16        Act,  and  (ii)  distribution  by  the   licensee,   upon
17        presentation  of  the  winning  ticket or tickets, of all
18        sums payable to the patrons of pari-mutuel pools.
19             (5)  Each license to  conduct  inter-track  wagering
20        and  simulcast  wagering shall specify the person to whom
21        it is  issued,  the  dates  on  which  such  wagering  is
22        permitted,  and  the track or location where the wagering
23        is to be conducted.
24             (6)  All wagering under such license is  subject  to
25        this  Act  and  to the rules and regulations from time to
26        time prescribed by the  Board,  and  every  such  license
27        issued  by  the  Board  shall  contain  a recital to that
28        effect.
29             (7)  An inter-track wagering licensee or inter-track
30        wagering location licensee may accept wagers at the track
31        or  location  where  it  is  licensed,  or  as  otherwise
32        provided under this Act.
33             (8)  Inter-track  wagering  or  simulcast   wagering
34        shall  not  be  conducted  at any track less than 5 miles
 
                            -38-     LRB093 02212 LRD 15799 a
 1        from a track at which a racing meeting is in progress.
 2             (8.1)  Inter-track wagering location  licensees  who
 3        derive  their  licenses  from  a  particular organization
 4        licensee shall conduct inter-track wagering and simulcast
 5        wagering only at locations which  are  either  within  90
 6        miles   of   that   race   track   where  the  particular
 7        organization licensee is licensed to conduct  racing,  or
 8        within  135 miles of that race track where the particular
 9        organization licensee is licensed to  conduct  racing  in
10        the  case of race tracks in counties of less than 400,000
11        that were operating on or before June 1, 1986.   However,
12        inter-track  wagering and simulcast wagering shall not be
13        conducted by those licensees at  any  location  within  5
14        miles of any race track at which a horse race meeting has
15        been  licensed  in  the  current  year, unless the person
16        having operating control of such race track has given its
17        written consent to  such  inter-track  wagering  location
18        licensees,  which consent must be filed with the Board at
19        or prior to the time application is made.
20             (8.2)  Inter-track wagering  or  simulcast  wagering
21        shall   not  be  conducted  by  an  inter-track  wagering
22        location licensee at any location within 500 feet  of  an
23        existing  church  or existing school, nor within 500 feet
24        of the residences  of  more  than  50  registered  voters
25        without  receiving  written permission from a majority of
26        the registered voters at such  residences.  Such  written
27        permission statements shall be filed with the Board.  The
28        distance  of  500  feet  shall be measured to the nearest
29        part of any building used for worship services, education
30        programs, residential purposes, or conducting inter-track
31        wagering by an inter-track  wagering  location  licensee,
32        and  not  to  property  boundaries.  However, inter-track
33        wagering or simulcast wagering may be conducted at a site
34        within 500 feet of a church, school or residences  of  50
 
                            -39-     LRB093 02212 LRD 15799 a
 1        or  more  registered  voters  if  such  church, school or
 2        residences have been  erected  or  established,  or  such
 3        voters  have  been registered, after the Board issues the
 4        original inter-track wagering  location  license  at  the
 5        site in question. Inter-track wagering location licensees
 6        may  conduct  inter-track wagering and simulcast wagering
 7        only  in  areas  that  are  zoned   for   commercial   or
 8        manufacturing  purposes  or  in areas for which a special
 9        use has been approved  by  the  local  zoning  authority.
10        However,  no  license to conduct inter-track wagering and
11        simulcast wagering shall be granted  by  the  Board  with
12        respect  to  any inter-track wagering location within the
13        jurisdiction of any local zoning authority which has,  by
14        ordinance  or by resolution, prohibited the establishment
15        of  an   inter-track   wagering   location   within   its
16        jurisdiction.     However,   inter-track   wagering   and
17        simulcast wagering may be conducted at  a  site  if  such
18        ordinance  or  resolution  is  enacted  after  the  Board
19        licenses   the  original  inter-track  wagering  location
20        licensee for the site in question.
21             (9)  (Blank).
22             (10)  An  inter-track  wagering   licensee   or   an
23        inter-track   wagering   location  licensee  may  retain,
24        subject to the payment of the  privilege  taxes  and  the
25        purses, an amount not to exceed 17% of all money wagered.
26        Each  program  of  racing  conducted  by each inter-track
27        wagering  licensee  or  inter-track   wagering   location
28        licensee  shall  be  considered a separate racing day for
29        the purpose of determining the daily handle and computing
30        the privilege tax or pari-mutuel tax on such daily handle
31        as provided in Section 27.
32             (10.1)  Except as  provided  in  subsection  (g)  of
33        Section  27  of  this  Act, inter-track wagering location
34        licensees shall pay 1% of the pari-mutuel handle at  each
 
                            -40-     LRB093 02212 LRD 15799 a
 1        location  to  the  municipality in which such location is
 2        situated  and  1%  of  the  pari-mutuel  handle  at  each
 3        location  to  the  county  in  which  such  location   is
 4        situated.   In  the  event  that  an inter-track wagering
 5        location licensee is situated in an  unincorporated  area
 6        of   a   county,  such  licensee  shall  pay  2%  of  the
 7        pari-mutuel handle from such location to such county.
 8             (10.2)  Notwithstanding any other provision of  this
 9        Act,  with respect to intertrack wagering at a race track
10        located in a county that has a population  of  more  than
11        230,000  and  that  is  bounded  by the Mississippi River
12        ("the first race track"), or at a facility operated by an
13        inter-track wagering  licensee  or  inter-track  wagering
14        location  licensee  that  derives  its  license  from the
15        organization licensee that operates the first race track,
16        on races conducted at the first race track  or  on  races
17        conducted    at   another   Illinois   race   track   and
18        simultaneously televised to the first race track or to  a
19        facility  operated by an inter-track wagering licensee or
20        inter-track wagering location licensee that  derives  its
21        license  from the organization licensee that operates the
22        first race track, those  moneys  shall  be  allocated  as
23        follows:
24                  (A)  That  portion  of  all  moneys  wagered on
25             standardbred racing that is required under this  Act
26             to  be  paid  to  purses shall be paid to purses for
27             standardbred races.
28                  (B)  That portion  of  all  moneys  wagered  on
29             thoroughbred  racing that is required under this Act
30             to be paid to purses shall be  paid  to  purses  for
31             thoroughbred races.
32             (11) (A)  After   payment   of   the   privilege  or
33        pari-mutuel tax, any  other  applicable  taxes,  and  the
34        costs  and  expenses  in  connection  with the gathering,
 
                            -41-     LRB093 02212 LRD 15799 a
 1        transmission, and dissemination of all data necessary  to
 2        the conduct of inter-track wagering, the remainder of the
 3        monies  retained  under either Section 26 or Section 26.2
 4        of this Act  by  the  inter-track  wagering  licensee  on
 5        inter-track  wagering  shall  be allocated with 50% to be
 6        split between the 2 participating licensees  and  50%  to
 7        purses,  except that an intertrack wagering licensee that
 8        derives its license from a track located in a county with
 9        a population in excess of 230,000 and  that  borders  the
10        Mississippi   River   shall   not  divide  any  remaining
11        retention with the Illinois  organization  licensee  that
12        provides  the  race  or races, and an intertrack wagering
13        licensee that accepts wagers on  races  conducted  by  an
14        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 that organization licensee.
18             (B)  From the sums permitted to be retained pursuant
19        to  this  Act each inter-track wagering location licensee
20        shall pay (i) the privilege or  pari-mutuel  tax  to  the
21        State; (ii) 4.75% of the pari-mutuel handle on intertrack
22        wagering at such location on races as purses, except that
23        an intertrack wagering location licensee that derives its
24        license   from  a  track  located  in  a  county  with  a
25        population in excess of  230,000  and  that  borders  the
26        Mississippi  River  shall retain all purse moneys for its
27        own purse account consistent with distribution set  forth
28        in  this subsection (h), and intertrack wagering location
29        licensees that accept wagers on  races  conducted  by  an
30        organization   licensee   located  in  a  county  with  a
31        population in excess of  230,000  and  that  borders  the
32        Mississippi  River  shall  distribute all purse moneys to
33        purses at the operating host track; (iii)  until  January
34        1,  2000, except as provided in subsection (g) of Section
 
                            -42-     LRB093 02212 LRD 15799 a
 1        27 of this Act, 1% of the pari-mutuel handle  wagered  on
 2        inter-track  wagering  and  simulcast  wagering  at  each
 3        inter-track  wagering  location  licensee facility to the
 4        Horse Racing Tax Allocation Fund, provided that,  to  the
 5        extent  the total amount collected and distributed to the
 6        Horse Racing Tax Allocation Fund  under  this  subsection
 7        (h) during any calendar year exceeds the amount collected
 8        and  distributed  to the Horse Racing Tax Allocation Fund
 9        during calendar year 1994, that excess  amount  shall  be
10        redistributed  (I)  to  all inter-track wagering location
11        licensees, based on each licensee's pro-rata share of the
12        total handle  from  inter-track  wagering  and  simulcast
13        wagering  for all inter-track wagering location licensees
14        during the calendar  year  in  which  this  provision  is
15        applicable;  then  (II) the amounts redistributed to each
16        inter-track wagering location licensee  as  described  in
17        subpart (I) shall be further redistributed as provided in
18        subparagraph  (B)  of  paragraph (5) of subsection (g) of
19        this Section 26 provided first, that the shares of  those
20        amounts,  which are to be redistributed to the host track
21        or to purses at the host track under subparagraph (B)  of
22        paragraph  (5) of subsection (g) of this Section 26 shall
23        be redistributed based on  each  host  track's  pro  rata
24        share  of  the  total  inter-track wagering and simulcast
25        wagering handle at all host tracks  during  the  calendar
26        year   in   question,   and   second,  that  any  amounts
27        redistributed as described in part (I) to an  inter-track
28        wagering  location  licensee that accepts wagers on races
29        conducted by an organization  licensee  that  conducts  a
30        race  meet  in  a  county  with a population in excess of
31        230,000 and that borders the Mississippi River  shall  be
32        further  redistributed  as  provided in subparagraphs (D)
33        and (E) of  paragraph  (7)  of  subsection  (g)  of  this
34        Section   26,   with   the   portion   of   that  further
 
                            -43-     LRB093 02212 LRD 15799 a
 1        redistribution allocated to purses at  that  organization
 2        licensee  to  be  divided between standardbred purses and
 3        thoroughbred  purses  based  on  the  amounts   otherwise
 4        allocated  to purses at that organization licensee during
 5        the calendar year  in  question;   and  (iv)  8%  of  the
 6        pari-mutuel  handle  on  inter-track  wagering wagered at
 7        such location  to  satisfy  all  costs  and  expenses  of
 8        conducting  its  wagering.  The  remainder  of the monies
 9        retained by the inter-track  wagering  location  licensee
10        shall  be  allocated 40% to the location licensee and 60%
11        to the organization licensee which provides the  Illinois
12        races to the location, except that an intertrack wagering
13        location  licensee  that derives its license from a track
14        located in a  county  with  a  population  in  excess  of
15        230,000  and that borders the Mississippi River shall not
16        divide any  remaining  retention  with  the  organization
17        licensee   that   provides  the  race  or  races  and  an
18        intertrack wagering location licensee that accepts wagers
19        on races  conducted  by  an  organization  licensee  that
20        conducts  a  race  meet  in a county with a population in
21        excess of 230,000 and that borders the Mississippi  River
22        shall   not  divide  any  remaining  retention  with  the
23        organization licensee. Notwithstanding the provisions  of
24        clauses  (ii)  and (iv) of this paragraph, in the case of
25        the additional  inter-track  wagering  location  licenses
26        authorized  under paragraph (1) of this subsection (h) by
27        this amendatory Act of 1991, those  licensees  shall  pay
28        the  following  amounts  as  purses:  during the first 12
29        months  the  licensee  is  in  operation,  5.25%  of  the
30        pari-mutuel handle wagered  at  the  location  on  races;
31        during  the  second 12 months, 5.25%; during the third 12
32        months, 5.75%; during the fourth 12  months,  6.25%;  and
33        during  the  fifth  12  months and thereafter, 6.75%. The
34        following amounts shall be retained by  the  licensee  to
 
                            -44-     LRB093 02212 LRD 15799 a
 1        satisfy   all   costs  and  expenses  of  conducting  its
 2        wagering: during the first 12 months the licensee  is  in
 3        operation, 8.25% of the pari-mutuel handle wagered at the
 4        location;  during the second 12 months, 8.25%; during the
 5        third 12 months, 7.75%;  during  the  fourth  12  months,
 6        7.25%;  and  during  the  fifth 12 months and thereafter,
 7        6.75%.  For  additional  intertrack   wagering   location
 8        licensees  authorized  under this amendatory Act of 1995,
 9        purses for  the  first  12  months  the  licensee  is  in
10        operation  shall  be  5.75% of the pari-mutuel wagered at
11        the  location,  purses  for  the  second  12  months  the
12        licensee is in  operation  shall  be  6.25%,  and  purses
13        thereafter  shall  be  6.75%.   For additional intertrack
14        location licensees authorized under this  amendatory  Act
15        of  1995,  the  licensee  shall  be  allowed to retain to
16        satisfy all costs and expenses: 7.75% of the  pari-mutuel
17        handle wagered at the location during its first 12 months
18        of  operation,  7.25%  during  its  second  12  months of
19        operation, and 6.75% thereafter.
20             (C)  There is hereby created the  Horse  Racing  Tax
21        Allocation  Fund  which  shall  remain in existence until
22        December 31, 1999.  Moneys remaining in  the  Fund  after
23        December  31, 1999 shall be paid into the General Revenue
24        Fund.  Until January 1, 2000, all monies  paid  into  the
25        Horse   Racing  Tax  Allocation  Fund  pursuant  to  this
26        paragraph (11) by inter-track wagering location licensees
27        located in park districts of 500,000 population or  less,
28        or in a municipality that is not included within any park
29        district  but  is included within a conservation district
30        and is the county seat of a county that (i) is contiguous
31        to the state of Indiana and (ii) has a 1990 population of
32        88,257 according to  the  United  States  Bureau  of  the
33        Census,  and  operating on May 1, 1994 shall be allocated
34        by appropriation as follows:
 
                            -45-     LRB093 02212 LRD 15799 a
 1                  Two-sevenths to the Department of  Agriculture.
 2             Fifty  percent of this two-sevenths shall be used to
 3             promote  the  Illinois  horse  racing  and  breeding
 4             industry, and shall be distributed by the Department
 5             of  Agriculture  upon  the  advice  of  a   9-member
 6             committee  appointed  by  the Governor consisting of
 7             the following members: the Director of  Agriculture,
 8             who  shall  serve  as chairman; 2 representatives of
 9             organization licensees conducting thoroughbred  race
10             meetings   in   this  State,  recommended  by  those
11             licensees;   2   representatives   of   organization
12             licensees conducting standardbred race  meetings  in
13             this   State,  recommended  by  those  licensees;  a
14             representative of the Illinois Thoroughbred Breeders
15             and   Owners   Foundation,   recommended   by   that
16             Foundation;  a  representative   of   the   Illinois
17             Standardbred   Owners   and   Breeders  Association,
18             recommended by that Association; a representative of
19             the Horsemen's Benevolent and Protective Association
20             or any successor organization thereto established in
21             Illinois comprised of the largest number  of  owners
22             and  trainers,  recommended  by  that Association or
23             that successor organization; and a representative of
24             the   Illinois   Harness   Horsemen's   Association,
25             recommended by that Association.  Committee  members
26             shall serve for terms of 2 years, commencing January
27             1  of  each even-numbered year.  If a representative
28             of any of the  above-named  entities  has  not  been
29             recommended  by January 1 of any even-numbered year,
30             the Governor shall appoint  a  committee  member  to
31             fill that position.  Committee members shall receive
32             no  compensation  for  their services as members but
33             shall be reimbursed for  all  actual  and  necessary
34             expenses   and   disbursements   incurred   in   the
 
                            -46-     LRB093 02212 LRD 15799 a
 1             performance of their official duties.  The remaining
 2             50%  of  this  two-sevenths  shall be distributed to
 3             county fairs for premiums and rehabilitation as  set
 4             forth in the Agricultural Fair Act;
 5                  Four-sevenths     to    park    districts    or
 6             municipalities that do not have a park  district  of
 7             500,000  population  or less for museum purposes (if
 8             an inter-track wagering location licensee is located
 9             in  such  a  park  district)  or   to   conservation
10             districts  for  museum  purposes  (if an inter-track
11             wagering  location  licensee   is   located   in   a
12             municipality  that  is  not included within any park
13             district  but  is  included  within  a  conservation
14             district and is the county seat of a county that (i)
15             is contiguous to the state of Indiana and (ii) has a
16             1990 population of 88,257 according  to  the  United
17             States  Bureau  of  the  Census,  except that if the
18             conservation district does not  maintain  a  museum,
19             the  monies  shall  be allocated equally between the
20             county and the municipality in which the inter-track
21             wagering location licensee is  located  for  general
22             purposes)  or  to  a  municipal recreation board for
23             park purposes (if an inter-track  wagering  location
24             licensee  is  located  in a municipality that is not
25             included  within  any   park   district   and   park
26             maintenance   is   the  function  of  the  municipal
27             recreation board and the  municipality  has  a  1990
28             population  of  9,302 according to the United States
29             Bureau of the Census); provided that the monies  are
30             distributed  to  each  park district or conservation
31             district or municipality that does not have  a  park
32             district  in an amount equal to four-sevenths of the
33             amount  collected  by  each   inter-track   wagering
34             location   licensee  within  the  park  district  or
 
                            -47-     LRB093 02212 LRD 15799 a
 1             conservation district or municipality for the  Fund.
 2             Monies  that  were  paid  into  the Horse Racing Tax
 3             Allocation Fund before the effective  date  of  this
 4             amendatory  Act  of  1991 by an inter-track wagering
 5             location licensee located in a municipality that  is
 6             not   included  within  any  park  district  but  is
 7             included within a conservation district as  provided
 8             in  this  paragraph  shall,  as  soon as practicable
 9             after the effective date of this amendatory  Act  of
10             1991,  be  allocated  and  paid to that conservation
11             district as provided in  this  paragraph.  Any  park
12             district  or  municipality  not maintaining a museum
13             may deposit the monies in the corporate fund of  the
14             park  district or municipality where the inter-track
15             wagering location is located, to be used for general
16             purposes; and
17                  One-seventh to the Agricultural Premium Fund to
18             be  used  for  distribution  to  agricultural   home
19             economics  extension councils in accordance with "An
20             Act in relation to additional support  and  finances
21             for  the  Agricultural  and  Home Economic Extension
22             Councils in the several counties of this  State  and
23             making an appropriation therefor", approved July 24,
24             1967.
25             Until  January  1,  2000, all other monies paid into
26        the Horse Racing Tax Allocation  Fund  pursuant  to  this
27        paragraph  (11)  shall  be  allocated by appropriation as
28        follows:
29                  Two-sevenths to the Department of  Agriculture.
30             Fifty  percent of this two-sevenths shall be used to
31             promote  the  Illinois  horse  racing  and  breeding
32             industry, and shall be distributed by the Department
33             of  Agriculture  upon  the  advice  of  a   9-member
34             committee  appointed  by  the Governor consisting of
 
                            -48-     LRB093 02212 LRD 15799 a
 1             the following members: the Director of  Agriculture,
 2             who  shall  serve  as chairman; 2 representatives of
 3             organization licensees conducting thoroughbred  race
 4             meetings   in   this  State,  recommended  by  those
 5             licensees;   2   representatives   of   organization
 6             licensees conducting standardbred race  meetings  in
 7             this   State,  recommended  by  those  licensees;  a
 8             representative of the Illinois Thoroughbred Breeders
 9             and   Owners   Foundation,   recommended   by   that
10             Foundation;  a  representative   of   the   Illinois
11             Standardbred   Owners   and   Breeders  Association,
12             recommended by that Association; a representative of
13             the Horsemen's Benevolent and Protective Association
14             or any successor organization thereto established in
15             Illinois comprised of the largest number  of  owners
16             and  trainers,  recommended  by  that Association or
17             that successor organization; and a representative of
18             the   Illinois   Harness   Horsemen's   Association,
19             recommended by that Association.  Committee  members
20             shall serve for terms of 2 years, commencing January
21             1  of  each even-numbered year.  If a representative
22             of any of the  above-named  entities  has  not  been
23             recommended  by January 1 of any even-numbered year,
24             the Governor shall appoint  a  committee  member  to
25             fill that position.  Committee members shall receive
26             no  compensation  for  their services as members but
27             shall be reimbursed for  all  actual  and  necessary
28             expenses   and   disbursements   incurred   in   the
29             performance of their official duties.  The remaining
30             50%  of  this  two-sevenths  shall be distributed to
31             county fairs for premiums and rehabilitation as  set
32             forth in the Agricultural Fair Act;
33                  Four-sevenths  to museums and aquariums located
34             in  park  districts  of  over  500,000   population;
 
                            -49-     LRB093 02212 LRD 15799 a
 1             provided   that   the   monies  are  distributed  in
 2             accordance with the previous year's distribution  of
 3             the  maintenance  tax for such museums and aquariums
 4             as provided  in  Section  2  of  the  Park  District
 5             Aquarium and Museum Act; and
 6                  One-seventh to the Agricultural Premium Fund to
 7             be   used  for  distribution  to  agricultural  home
 8             economics extension councils in accordance with  "An
 9             Act  in  relation to additional support and finances
10             for the Agricultural  and  Home  Economic  Extension
11             Councils  in  the several counties of this State and
12             making an appropriation therefor", approved July 24,
13             1967. This subparagraph (C) shall be inoperative and
14             of no force and effect on and after January 1, 2000.
15                  (D)  Except as provided in  paragraph  (11)  of
16             this   subsection   (h),   with   respect  to  purse
17             allocation from intertrack wagering, the  monies  so
18             retained shall be divided as follows:
19                       (i)  If the inter-track wagering licensee,
20                  except  an  intertrack  wagering  licensee that
21                  derives  its  license  from   an   organization
22                  licensee  located in a county with a population
23                  in  excess  of  230,000  and  bounded  by   the
24                  Mississippi  River,  is  not conducting its own
25                  race meeting during the same  dates,  then  the
26                  entire  purse  allocation shall be to purses at
27                  the track where the races wagered on are  being
28                  conducted.
29                       (ii)  If    the    inter-track    wagering
30                  licensee,   except   an   intertrack   wagering
31                  licensee  that  derives  its  license  from  an
32                  organization  licensee located in a county with
33                  a population in excess of 230,000  and  bounded
34                  by  the  Mississippi  River, is also conducting
 
                            -50-     LRB093 02212 LRD 15799 a
 1                  its own race meeting  during  the  same  dates,
 2                  then  the purse allocation shall be as follows:
 3                  50% to purses at  the  track  where  the  races
 4                  wagered  on  are being conducted; 50% to purses
 5                  at the track  where  the  inter-track  wagering
 6                  licensee is accepting such wagers.
 7                       (iii)  If   the  inter-track  wagering  is
 8                  being  conducted  by  an  inter-track  wagering
 9                  location   licensee,   except   an   intertrack
10                  wagering location  licensee  that  derives  its
11                  license  from  an organization licensee located
12                  in a county with  a  population  in  excess  of
13                  230,000  and  bounded by the Mississippi River,
14                  the entire purse allocation for Illinois  races
15                  shall  be to purses at the track where the race
16                  meeting being wagered on is being held.
17             (12)  The Board shall have all powers necessary  and
18        proper  to  fully  supervise  and  control the conduct of
19        inter-track   wagering   and   simulcast   wagering    by
20        inter-track  wagering  licensees and inter-track wagering
21        location licensees, including, but  not  limited  to  the
22        following:
23                  (A)  The   Board   is   vested  with  power  to
24             promulgate reasonable rules and regulations for  the
25             purpose   of   administering  the  conduct  of  this
26             wagering  and   to   prescribe   reasonable   rules,
27             regulations and conditions under which such wagering
28             shall   be  held  and  conducted.   Such  rules  and
29             regulations are to provide  for  the  prevention  of
30             practices detrimental to the public interest and for
31             the  best  interests  of said wagering and to impose
32             penalties for violations thereof.
33                  (B)  The Board, and any person  or  persons  to
34             whom  it  delegates  this  power, is vested with the
 
                            -51-     LRB093 02212 LRD 15799 a
 1             power to enter the facilities  of  any  licensee  to
 2             determine whether there has been compliance with the
 3             provisions of this Act and the rules and regulations
 4             relating to the conduct of such wagering.
 5                  (C)  The  Board,  and  any person or persons to
 6             whom it delegates this power, may eject  or  exclude
 7             from  any  licensee's  facilities,  any person whose
 8             conduct or reputation is such that his  presence  on
 9             such premises may, in the opinion of the Board, call
10             into  the  question the honesty and integrity of, or
11             interfere with the orderly conduct of such wagering;
12             provided, however, that no person shall be  excluded
13             or  ejected from such premises solely on the grounds
14             of race, color, creed, national origin, ancestry, or
15             sex.
16                  (D)  (Blank).
17                  (E)  The Board is  vested  with  the  power  to
18             appoint  delegates  to  execute  any  of  the powers
19             granted to it under this Section for the purpose  of
20             administering   this  wagering  and  any  rules  and
21             regulations promulgated in accordance with this Act.
22                  (F)  The Board shall name and appoint  a  State
23             director   of   this   wagering   who   shall  be  a
24             representative of the Board and whose duty it  shall
25             be  to supervise the conduct of inter-track wagering
26             as may be provided for by the rules and  regulations
27             of  the  Board;  such  rules  and  regulation  shall
28             specify the method of appointment and the Director's
29             powers, authority and duties.
30                  (G)  The  Board  is  vested  with  the power to
31             impose civil  penalties  of  up  to  $5,000  against
32             individuals  and up to $10,000 against licensees for
33             each violation of any provision of this Act relating
34             to the conduct of this wagering, any  rules  adopted
 
                            -52-     LRB093 02212 LRD 15799 a
 1             by  the  Board,  any order of the Board or any other
 2             action  which  in  the  Board's  discretion,  is   a
 3             detriment or impediment to 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
 9        the Department of  Agriculture's  licensed  race  meeting
10        upon  which the licensees will conduct wagering.   In the
11        event that a licensee  conducts  inter-track  pari-mutuel
12        wagering on races from the Illinois State Fair or DuQuoin
13        State  Fair  which  are  in  addition  to  the licensee's
14        previously approved racing program, those races shall  be
15        considered  a  separate  racing  day  for  the purpose of
16        determining the daily handle and computing the  privilege
17        or  pari-mutuel  tax  on that daily handle as provided in
18        Sections 27 and 27.1.  Such agreements shall be  approved
19        by  the  Board before such wagering may be conducted.  In
20        determining whether to grant approval,  the  Board  shall
21        give  due  consideration  to  the  best  interests of the
22        public and of horse racing. The provisions of  paragraphs
23        (1),  (8),  (8.1),  and  (8.2)  of subsection (h) of this
24        Section which are not specified in  this  paragraph  (13)
25        shall  not  apply  to licensed race meetings conducted by
26        the Department of Agriculture at the Illinois State  Fair
27        in  Sangamon  County  or  the DuQuoin State Fair in Perry
28        County, or  to  any  wagering  conducted  on  those  race
29        meetings.
30        (i)  Notwithstanding  the  other  provisions of this Act,
31    the conduct of wagering at wagering facilities is  authorized
32    on  all  days, except as limited by subsection (b) of Section
33    19 of this Act.
34    (Source: P.A. 91-40, eff. 6-25-99; 92-211, eff. 8-2-01.)
 
                            -53-     LRB093 02212 LRD 15799 a
 1        (230 ILCS 5/26.1) (from Ch. 8, par. 37-26.1)
 2        Sec.  26.1.   For  all  pari-mutuel  wagering   conducted
 3    pursuant to this Act, breakage shall be at all times computed
 4    on the basis of not to exceed 10¢ on the dollar.  If there is
 5    a  minus pool, the breakage shall be computed on the basis of
 6    not to exceed 5¢ on the dollar. Breakage shall be  calculated
 7    only  after  the  amounts  retained  by licensees pursuant to
 8    Sections  26  and  26.2  of  this  Act,  and  all  applicable
 9    surcharges, are taken out of winning wagers and winnings from
10    wagers. From Beginning January 1, 2000 until  July  1,  2004,
11    all  breakage  shall  be  retained  by licensees, with 50% of
12    breakage to be used by licensees for  racetrack  improvements
13    at the racetrack from which the wagering facility derives its
14    license.   The  remaining  50%  is to be allocated 50% to the
15    purse account  for  the  licensee  from  which  the  wagering
16    facility  derives  its  license  and  50%  to  the  licensee.
17    Beginning  July  1,  2004,  all breakage shall be retained by
18    licensees, with 50% of breakage to be used by  licensees  for
19    racetrack  improvements  at  the  racetrack  from  which  the
20    wagering  facility derives its license.  The remaining 50% is
21    to be allocated to the purse account for  the  licensee  from
22    which the wagering facility derives its license.
23    (Source: P.A. 91-40, eff. 6-25-99.)

24        (230 ILCS 5/27) (from Ch. 8, par. 37-27)
25        Sec. 27.  (a) In addition to the organization license fee
26    provided  by  this  Act,  until  January 1, 2000, a graduated
27    privilege  tax  is  hereby   imposed   for   conducting   the
28    pari-mutuel  system  of  wagering  permitted  under this Act.
29    Until January 1, 2000, except as provided in  subsection  (g)
30    of Section 27 of this Act, all of the breakage of each racing
31    day  held  by  any licensee in the State shall be paid to the
32    State. Until January 1, 2000, such daily graduated  privilege
33    tax  shall  be paid by the licensee from the amount permitted
 
                            -54-     LRB093 02212 LRD 15799 a
 1    to be retained under this Act. Until January  1,  2000,  each
 2    day's graduated privilege tax, breakage, and Horse Racing Tax
 3    Allocation  funds  shall  be  remitted  to  the Department of
 4    Revenue within 48 hours after the close  of  the  racing  day
 5    upon  which  it  is assessed or within such other time as the
 6    Board prescribes.  The privilege tax  hereby  imposed,  until
 7    January 1, 2000, shall be a flat tax at the rate of 2% of the
 8    daily pari-mutuel handle except as provided in Section 27.1.
 9        In  addition,  every  organization  licensee,  except  as
10    provided in Section 27.1 of this Act, which conducts multiple
11    wagering shall pay, until January 1, 2000, as a privilege tax
12    on  multiple  wagers  an  amount equal to 1.25% of all moneys
13    wagered each day on such multiple wagers, plus an  additional
14    amount  equal  to  3.5% of the amount wagered each day on any
15    other multiple wager which involves a single betting interest
16    on 3 or more horses. The licensee shall remit the  amount  of
17    such taxes to the Department of Revenue within 48 hours after
18    the close of the racing day on which it is assessed or within
19    such other time as the Board prescribes.
20        This  subsection (a) shall be inoperative and of no force
21    and effect on and after January 1, 2000.
22        (a-5)  Beginning on January 1, 2000, a  flat  pari-mutuel
23    tax  at  the  rate of 1.5% of the daily pari-mutuel handle is
24    imposed at all pari-mutuel wagering facilities,  which  shall
25    be  remitted  to  the  Department  of Revenue within 48 hours
26    after the close of the racing day upon which it  is  assessed
27    or within such other time as the Board prescribes.
28        (b)  On  or  before  December 31, 1999, in the event that
29    any organization licensee conducts  2  separate  programs  of
30    races  on  any  day,  each such program shall be considered a
31    separate racing day for purposes  of  determining  the  daily
32    handle  and  computing the privilege tax on such daily handle
33    as provided in subsection (a) of this Section.
34        (c)  Licensees shall at all times keep accurate books and
 
                            -55-     LRB093 02212 LRD 15799 a
 1    records of all monies wagered on each day of a  race  meeting
 2    and  of the taxes paid to the Department of Revenue under the
 3    provisions of this Section.  The Board or its duly authorized
 4    representative or representatives  shall  at  all  reasonable
 5    times  have  access  to  such  records  for  the  purpose  of
 6    examining  and checking the same and ascertaining whether the
 7    proper amount of taxes is being paid as provided.  The  Board
 8    shall  require  verified reports and a statement of the total
 9    of all monies wagered daily at each  wagering  facility  upon
10    which  the  taxes  are  assessed and may prescribe forms upon
11    which such reports and statement shall be made.
12        (d)  Any licensee  failing or refusing to pay the  amount
13    of  any  tax  due  under  this  Section  shall be guilty of a
14    business offense and upon conviction shall be fined not  more
15    than  $5,000 in addition to the amount found due as tax under
16    this  Section.   Each  day's  violation  shall  constitute  a
17    separate offense.  All fines paid into Court  by  a  licensee
18    hereunder  shall be transmitted and paid over by the Clerk of
19    the Court to the Board.
20        (e)  No other license fee, privilege tax, excise tax,  or
21    racing fee, except as provided in this Act, shall be assessed
22    or collected from any such licensee by the State.
23        (f)  No  other  license fee, privilege tax, excise tax or
24    racing fee shall be  assessed  or  collected  from  any  such
25    licensee   by units of local government except as provided in
26    paragraph 10.1  of  subsection  (h)  and  subsection  (f)  of
27    Section 26 of this Act.  However, any municipality that has a
28    Board  licensed  horse  race  meeting  at a race track wholly
29    within its corporate boundaries or  a  township  that  has  a
30    Board  licensed  horse  race  meeting  at a race track wholly
31    within the unincorporated area of the township may  charge  a
32    local  amusement  tax not to exceed 10¢ per admission to such
33    horse  race  meeting  by  the  enactment  of  an   ordinance.
34    However, any municipality or county that has a Board licensed
 
                            -56-     LRB093 02212 LRD 15799 a
 1    inter-track  wagering  location  facility  wholly  within its
 2    corporate boundaries may each impose an admission fee not  to
 3    exceed  $1.00  per  admission  to  such  inter-track wagering
 4    location facility, so that a total of not more than $2.00 per
 5    admission may be imposed.  Except as provided in subparagraph
 6    (g) of Section 27  of  this  Act,  the  inter-track  wagering
 7    location  licensee  shall  collect  any and all such fees and
 8    within 48 hours remit the fees to  the  Board,  which  shall,
 9    pursuant  to  rule,  cause  the fees to be distributed to the
10    county or municipality.
11        (g)  Notwithstanding any provision in  this  Act  to  the
12    contrary,  if  in  any calendar year the total taxes and fees
13    from wagering on live racing and  from  inter-track  wagering
14    required to be collected from licensees and distributed under
15    this  Act  to  all  State  and local governmental authorities
16    exceeds the amount of such taxes and fees distributed to each
17    State and local governmental authority to  which  each  State
18    and  local governmental authority was entitled under this Act
19    for calendar year 1994, then the first $11  million  of  that
20    excess  amount  shall  be  allocated at the earliest possible
21    date for distribution  as  purse  money  for  the  succeeding
22    calendar  year.  Upon  reaching the 1994 level, and until the
23    excess amount of taxes and  fees  exceeds  $11  million,  the
24    Board  shall direct all licensees to cease paying the subject
25    taxes and fees and the Board shall direct  all  licensees  to
26    allocate any such excess amount for purses as follows:
27             (i)  the  excess  amount  shall be initially divided
28        between thoroughbred and standardbred purses based on the
29        thoroughbred's and standardbred's respective  percentages
30        of total Illinois live wagering in calendar year 1994;
31             (ii)  each     thoroughbred     and     standardbred
32        organization  licensee issued an organization licensee in
33        that succeeding allocation year  shall  be  allocated  an
34        amount  equal  to  the product of its percentage of total
 
                            -57-     LRB093 02212 LRD 15799 a
 1        Illinois live thoroughbred or  standardbred  wagering  in
 2        calendar  year  1994 (the total to be determined based on
 3        the sum of 1994 on-track wagering  for  all  organization
 4        licensees  issued   organization  licenses  in  both  the
 5        allocation year and the preceding year) multiplied by the
 6        total  amount  allocated for standardbred or thoroughbred
 7        purses, provided that the first $1,500,000 of the  amount
 8        allocated  to standardbred purses under item (i) shall be
 9        allocated to the Department of Agriculture to be expended
10        with  the  assistance  and   advice   of   the   Illinois
11        Standardbred   Breeders  Funds  Advisory  Board  for  the
12        purposes listed in subsection (g) of Section 31  of  this
13        Act,  before  the amount allocated to standardbred purses
14        under item (i) is allocated to standardbred  organization
15        licensees in the succeeding allocation year.
16        To  the  extent the excess amount of taxes and fees to be
17    collected and distributed to  State  and  local  governmental
18    authorities  exceeds $11 million, that excess amount shall be
19    collected and distributed to State and local  authorities  as
20    provided for under this Act.
21    (Source: P.A. 91-40, eff. 6-25-99.)

22        (230 ILCS 5/28.1)
23        Sec. 28.1.  Payments.
24        (a)  Beginning  on  January  1, 2000, moneys collected by
25    the Department of Revenue and the Racing  Board  pursuant  to
26    Section  26 or Section 27 of this Act shall be deposited into
27    the Horse Racing Fund, which is hereby created as  a  special
28    fund in the State Treasury.
29        (b)  Appropriations, as approved by the General Assembly,
30    may  be  made  from the Horse Racing Fund to the Board to pay
31    the salaries  of  the  Board  members,  secretary,  stewards,
32    directors   of   mutuels,   veterinarians,   representatives,
33    accountants,  clerks,  stenographers,  inspectors  and  other
 
                            -58-     LRB093 02212 LRD 15799 a
 1    employees  of  the  Board,  and  all  expenses  of  the Board
 2    incident to the administration of this  Act,  including,  but
 3    not  limited  to,  all  expenses and salaries incident to the
 4    taking of saliva and urine samples  in  accordance  with  the
 5    rules and regulations of the Board.
 6        (c)  Appropriations, as approved by the General Assembly,
 7    shall be made from the Horse Racing Fund to the Department of
 8    Agriculture  for  the  purposes identified in paragraphs (2),
 9    (2.5), (4), (4.1), (6), (7), (8), and (9) of  subsection  (g)
10    of  Section  30,  subsection  (e) of Section 30.5, paragraphs
11    (1), (2), (3), (5), and (8) of subsection (g) of Section  31,
12    and for standardbred bonus programs for owners of horses that
13    win  multiple  stakes  races  that  are  limited  to Illinois
14    conceived and foaled horses.  From Beginning  on  January  1,
15    2000  until  the effective date of this amendatory Act of the
16    93rd General Assembly, the Board shall transfer the remainder
17    of the funds generated pursuant to Sections 26  and  27  from
18    the Horse Racing Fund into the General Revenue Fund.
19        (d)  Beginning  January 1, 2000, payments to all programs
20    in existence on the effective date of this amendatory Act  of
21    1999   that   are   identified   in  Sections  26(c),  26(f),
22    26(h)(11)(C), and 28, subsections (a), (b),  (c),  (d),  (e),
23    (f),  (g),  and  (h) of Section 30, and subsections (a), (b),
24    (c), (d), (e), (f), (g), and (h) of Section 31 shall be  made
25    from   the   General  Revenue  Fund  at  the  funding  levels
26    determined by amounts paid under this Act  in  calendar  year
27    1998.
28        (e)  Notwithstanding  any  other provision of this Act to
29    the contrary, appropriations,  as  approved  by  the  General
30    Assembly,  may  be  made from the Fair and Exposition Fund to
31    the Department of Agriculture for  distribution  to  Illinois
32    county   fairs  to  supplement  premiums  offered  in  junior
33    classes.
34    (Source: P.A. 91-40, eff. 6-25-99.)
 
                            -59-     LRB093 02212 LRD 15799 a
 1        (230 ILCS 5/30) (from Ch. 8, par. 37-30)
 2        Sec. 30.  (a)  The General Assembly declares that  it  is
 3    the  policy  of  this  State  to  encourage  the  breeding of
 4    thoroughbred horses in this State and the ownership  of  such
 5    horses  by  residents  of this State in order to provide for:
 6    sufficient numbers of high quality  thoroughbred  horses   to
 7    participate  in  thoroughbred  racing meetings in this State,
 8    and to establish and preserve the agricultural and commercial
 9    benefits of such breeding and racing industries to the  State
10    of  Illinois.   It  is  the intent of the General Assembly to
11    further this policy by the provisions of this Act.
12        (b)  Each organization licensee conducting a thoroughbred
13    racing meeting pursuant to this Act shall  provide  at  least
14    two  races  each day limited to Illinois conceived and foaled
15    horses or Illinois foaled horses or both.   A  minimum  of  6
16    races  shall   be  conducted  each  week  limited to Illinois
17    conceived and foaled  or  Illinois  foaled  horses  or  both.
18    Subject  to  the  daily  availability of horses, one of the 6
19    races  scheduled  per  week  that  are  limited  to  Illinois
20    conceived and foaled or Illinois foaled horses or both  shall
21    be  limited  to  Illinois  conceived  and  foaled or Illinois
22    foaled maidens. No horses shall be permitted to start in such
23    races  unless  duly  registered  under  the  rules   of   the
24    Department of Agriculture.
25        (c)  Conditions  of  races  under subsection (b) shall be
26    commensurate with past performance,  quality,  and  class  of
27    Illinois  conceived  and  foaled  and  Illinois foaled horses
28    available.  If, however, sufficient competition cannot be had
29    among horses of that class on any day, the  races  may,  with
30    consent  of  the  Board,  be  eliminated  for  that  day  and
31    substitute races provided.
32        (d)  There  is hereby created a special fund of the State
33    Treasury to be known as the  Illinois  Thoroughbred  Breeders
34    Fund.
 
                            -60-     LRB093 02212 LRD 15799 a
 1        Except  as  provided  in  subsection (g) of Section 27 of
 2    this Act, 8.5% of all the monies received  by  the  State  as
 3    privilege taxes on Thoroughbred racing meetings shall be paid
 4    into the Illinois Thoroughbred Breeders Fund.
 5        (e)  The  Illinois  Thoroughbred  Breeders  Fund shall be
 6    administered by the Department of Agriculture with the advice
 7    and assistance of the Advisory Board  created  in  subsection
 8    (f) of this Section.
 9        (f)  The  Illinois  Thoroughbred  Breeders  Fund Advisory
10    Board shall consist of the  Director  of  the  Department  of
11    Agriculture,  who  shall  serve  as Chairman; a member of the
12    Illinois Racing Board, designated by it; 2 representatives of
13    the organization  licensees  conducting  thoroughbred  racing
14    meetings,  recommended  by  them;  2  representatives  of the
15    Illinois  Thoroughbred  Breeders   and   Owners   Foundation,
16    recommended  by  it;  and 2 representatives of the Horsemen's
17    Benevolent   Protective   Association   or   any    successor
18    organization established in Illinois comprised of the largest
19    number  of  owners  and trainers, recommended by it, with one
20    representative of the Horsemen's  Benevolent  and  Protective
21    Association  to come from its Illinois Division, and one from
22    its Chicago Division. Advisory Board members shall serve  for
23    2  years  commencing January 1 of each odd numbered year.  If
24    representatives  of  the  organization  licensees  conducting
25    thoroughbred  racing  meetings,  the  Illinois   Thoroughbred
26    Breeders and Owners Foundation, and the Horsemen's Benevolent
27    Protection  Association  have not been recommended by January
28    1, of each odd numbered year, the Director of the  Department
29    of Agriculture shall make an appointment for the organization
30    failing  to  so  recommend  a  member  of the Advisory Board.
31    Advisory Board members  shall  receive  no  compensation  for
32    their  services  as  members  but shall be reimbursed for all
33    actual and necessary expenses and disbursements  incurred  in
34    the execution of their official duties.
 
                            -61-     LRB093 02212 LRD 15799 a
 1        (g)  Moneys No monies shall be expended from the Illinois
 2    Thoroughbred  Breeders  Fund  except  as  appropriated by the
 3    General Assembly pursuant to this Act, the Riverboat Gambling
 4    Act,  or  both.   Monies  appropriated  from   the   Illinois
 5    Thoroughbred   Breeders   Fund   shall  be  expended  by  the
 6    Department of Agriculture, with the advice and assistance  of
 7    the  Illinois  Thoroughbred Breeders Fund Advisory Board, for
 8    the following purposes only:
 9             (1)  To  provide  purse  supplements  to  owners  of
10        horses  participating  in  races  limited   to   Illinois
11        conceived  and  foaled   and Illinois foaled horses.  Any
12        such purse supplements shall not be included in and shall
13        be paid in addition to any purses, stakes,  or  breeders'
14        awards   offered   by   each   organization  licensee  as
15        determined  by  agreement   between   such   organization
16        licensee  and  an organization representing the horsemen.
17        No monies from the Illinois  Thoroughbred  Breeders  Fund
18        shall  be  used to provide purse supplements for claiming
19        races in which the minimum claiming price  is  less  than
20        $7,500.
21             (2)  To  provide stakes and awards to be paid to the
22        owners of the winning horses in certain races limited  to
23        Illinois  conceived and foaled and Illinois foaled horses
24        designated as stakes races.
25             (2.5)  To provide an award to the owner or owners of
26        an Illinois conceived and foaled or Illinois foaled horse
27        that  wins  a  maiden  special  weight,   an   allowance,
28        overnight  handicap  race, or claiming race with claiming
29        price of $10,000  or  more  providing  the  race  is  not
30        restricted  to  Illinois conceived and foaled or Illinois
31        foaled horses.  Awards shall  also  be  provided  to  the
32        owner  or  owners  of  Illinois  conceived and foaled and
33        Illinois foaled horses that  place  second  or  third  in
34        those  races.   To  the extent that additional moneys are
 
                            -62-     LRB093 02212 LRD 15799 a
 1        required to pay the minimum additional awards of  40%  of
 2        the  purse  the  horse earns for placing first, second or
 3        third in those races for Illinois foaled  horses  and  of
 4        60%  of  the  purse  the  horse  earns for placing first,
 5        second or third in those races for Illinois conceived and
 6        foaled horses, those moneys shall be  provided  from  the
 7        purse account at the track where earned.
 8             (3)  To  provide  stallion  awards  to  the owner or
 9        owners of any stallion that is duly registered  with  the
10        Illinois  Thoroughbred Breeders Fund Program prior to the
11        effective date of this amendatory Act of 1995 whose  duly
12        registered Illinois conceived and foaled offspring wins a
13        race conducted at an Illinois thoroughbred racing meeting
14        other  than a claiming race. Such award shall not be paid
15        to the owner or  owners  of  an  Illinois  stallion  that
16        served outside this State at any time during the calendar
17        year in which such race was conducted.
18             (4)  To  provide  $75,000  annually for purses to be
19        distributed to county fairs that provide for the  running
20        of  races  during  each  county  fair exclusively for the
21        thoroughbreds conceived  and  foaled  in  Illinois.   The
22        conditions  of the races shall be developed by the county
23        fair association and reviewed by the Department with  the
24        advice   and  assistance  of  the  Illinois  Thoroughbred
25        Breeders Fund Advisory Board. There shall be no  wagering
26        of  any  kind  on  the  running of Illinois conceived and
27        foaled races at county fairs.
28             (4.1)  (Blank).  To  provide  purse  money  for   an
29        Illinois stallion stakes program.
30             (5)  No  less than 80% of all monies appropriated to
31        from the Illinois Thoroughbred  Breeders  Fund  shall  be
32        expended  for  the purposes in (1), (2), (2.5), (3), (4),
33        (4.1), and (5) as shown above.
34             (6)  To provide for educational  programs  regarding
 
                            -63-     LRB093 02212 LRD 15799 a
 1        the thoroughbred breeding industry.
 2             (7)  To provide for research programs concerning the
 3        health, development and care of the thoroughbred horse.
 4             (8)  To  provide  for  a  scholarship  and  training
 5        program for students of equine veterinary medicine.
 6             (9)  To   provide   for   dissemination   of  public
 7        information  designed  to   promote   the   breeding   of
 8        thoroughbred horses in Illinois.
 9             (10)  To  provide  for  all expenses incurred in the
10        administration  of  the  Illinois  Thoroughbred  Breeders
11        Fund.
12        (h)  (Blank). Whenever the Governor finds that the amount
13    in the Illinois Thoroughbred Breeders Fund is more  than  the
14    total  of  the outstanding appropriations from such fund, the
15    Governor shall notify the State  Comptroller  and  the  State
16    Treasurer  of  such  fact.   The  Comptroller  and  the State
17    Treasurer, upon receipt of such notification, shall  transfer
18    such  excess  amount  from the Illinois Thoroughbred Breeders
19    Fund to the General Revenue Fund.
20        (i)  A sum equal to 12 1/2% of the first prize  money  of
21    every  purse  won  by  an  Illinois  foaled  or  an  Illinois
22    conceived  and  foaled horse in races not limited to Illinois
23    foaled horses or Illinois conceived  and  foaled  horses,  or
24    both,  shall  be paid by the organization licensee conducting
25    the horse race meeting. Such  sum  shall  be  paid  from  the
26    organization   licensee's  share  of  the  money  wagered  as
27    follows:  11 1/2% to the breeder of the winning horse and  1%
28    to  the  organization  representing thoroughbred breeders and
29    owners  whose   representative   serves   on   the   Illinois
30    Thoroughbred  Breeders  Fund Advisory Board for verifying the
31    amounts  of   breeders'   awards   earned,   assuring   their
32    distribution  in  accordance with this Act, and servicing and
33    promoting the Illinois thoroughbred  horse  racing  industry.
34    The   organization  representing  thoroughbred  breeders  and
 
                            -64-     LRB093 02212 LRD 15799 a
 1    owners shall cause all expenditures of monies received  under
 2    this  subsection  (i)  to  be  audited at least annually by a
 3    registered public accountant.  The  organization  shall  file
 4    copies  of each annual audit with the Racing Board, the Clerk
 5    of the House of Representatives  and  the  Secretary  of  the
 6    Senate,  and shall make copies of each annual audit available
 7    to the public upon request and upon payment of the reasonable
 8    cost of photocopying the requested  number  of  copies.  Such
 9    payments shall not reduce any award to the owner of the horse
10    or  reduce the taxes payable under this Act.  Upon completion
11    of its racing meet, each organization licensee shall  deliver
12    to  the  organization  representing thoroughbred breeders and
13    owners  whose   representative   serves   on   the   Illinois
14    Thoroughbred  Breeders  Fund  Advisory Board a listing of all
15    the Illinois foaled and the  Illinois  conceived  and  foaled
16    horses  which  won  breeders'  awards  and the amount of such
17    breeders' awards under this subsection to verify accuracy  of
18    payments  and  assure proper distribution of breeders' awards
19    in accordance with the provisions of this Act.  Such payments
20    shall be delivered by the  organization  licensee  within  30
21    days of the end of each race meeting.
22        (j)  A  sum equal to 12 1/2% of the first prize money won
23    in each race limited to Illinois foaled  horses  or  Illinois
24    conceived  and  foaled  horses, or both, shall be paid in the
25    following manner by the organization licensee conducting  the
26    horse race meeting, from the organization licensee's share of
27    the  money  wagered: 11 1/2% to the breeders of the horses in
28    each such race which are the official  first,  second,  third
29    and  fourth finishers and 1% to the organization representing
30    thoroughbred breeders and owners whose representative  serves
31    on the Illinois Thoroughbred Breeders Fund Advisory Board for
32    verifying  the  amounts  of breeders' awards earned, assuring
33    their proper distribution in accordance with  this  Act,  and
34    servicing  and  promoting  the  Illinois  thoroughbred  horse
 
                            -65-     LRB093 02212 LRD 15799 a
 1    racing  industry.  The organization representing thoroughbred
 2    breeders and owners shall cause all  expenditures  of  monies
 3    received  under  this  subsection  (j) to be audited at least
 4    annually by a registered public accountant.  The organization
 5    shall file copies of each annual audit with the Racing Board,
 6    the Clerk of the House of Representatives and  the  Secretary
 7    of  the  Senate,  and  shall make copies of each annual audit
 8    available to the public upon request and upon payment of  the
 9    reasonable  cost  of  photocopying  the  requested  number of
10    copies.
11        The 11 1/2% paid to the breeders in accordance with  this
12    subsection shall be distributed as follows:
13             (1)  60% of such sum shall be paid to the breeder of
14        the horse which finishes in the official first position;
15             (2)  20% of such sum shall be paid to the breeder of
16        the horse which finishes in the official second position;
17             (3)  15% of such sum shall be paid to the breeder of
18        the  horse which finishes in the official third position;
19        and
20             (4)  5% of such sum shall be paid to the breeder  of
21        the horse which finishes in the official fourth position.
22        Such payments shall not reduce any award to the owners of
23    a  horse  or  reduce  the  taxes payable under this Act. Upon
24    completion of its racing  meet,  each  organization  licensee
25    shall  deliver  to the organization representing thoroughbred
26    breeders  and  owners  whose  representative  serves  on  the
27    Illinois Thoroughbred Breeders Fund Advisory Board a  listing
28    of  all  the  Illinois  foaled and the Illinois conceived and
29    foaled horses which won breeders' awards and  the  amount  of
30    such  breeders'  awards  in accordance with the provisions of
31    this  Act.  Such  payments  shall   be   delivered   by   the
32    organization  licensee within 30 days of the end of each race
33    meeting.
34        (k)  The term "breeder", as used herein, means the  owner
 
                            -66-     LRB093 02212 LRD 15799 a
 1    of  the  mare  at the time the foal is dropped.  An "Illinois
 2    foaled horse" is a foal dropped by a mare which  enters  this
 3    State on or before December 1, in the year in which the horse
 4    is bred, provided the mare remains continuously in this State
 5    until its foal is born. An "Illinois foaled horse" also means
 6    a  foal  born  of  a mare in the same year as the mare enters
 7    this State on or before March 1, and remains in this State at
 8    least 30 days after foaling, is bred back during  the  season
 9    of  the  foaling to an Illinois Registered Stallion (unless a
10    veterinarian certifies that the mare should not be  bred  for
11    health  reasons),  and  is not bred to a stallion standing in
12    any other state during the season of foaling.   An  "Illinois
13    foaled  horse"  also  means a foal born in Illinois of a mare
14    purchased at public auction subsequent to the  mare  entering
15    this  State  prior  to March 1 February 1 of the foaling year
16    providing the mare is owned solely by one  or  more  Illinois
17    residents or an Illinois entity that is entirely owned by one
18    or more Illinois residents.
19        (l)  The  Department  of Agriculture shall, by rule, with
20    the  advice  and  assistance  of  the  Illinois  Thoroughbred
21    Breeders Fund Advisory Board:
22             (1)  Qualify stallions for Illinois  breeding;  such
23        stallions  to  stand  for  service  within  the  State of
24        Illinois  at  the  time  of  a  foal's  conception.  Such
25        stallion must not stand for service at any place  outside
26        the  State  of Illinois during the calendar year in which
27        the foal is conceived. The Department of Agriculture  may
28        assess  and  collect  an application fee of $500 fees for
29        the  registration  of  each  Illinois-eligible   stallion
30        stallions.   All  fees  collected are to be paid into the
31        Illinois Thoroughbred  Breeders  Fund  and  used  by  the
32        Illinois  Thoroughbred  Breeders  Fund Advisory Board for
33        stallion awards.
34             (2)  Provide  for  the  registration   of   Illinois
 
                            -67-     LRB093 02212 LRD 15799 a
 1        conceived  and  foaled horses and Illinois foaled horses.
 2        No such horse shall  compete  in  the  races  limited  to
 3        Illinois  conceived  and foaled horses or Illinois foaled
 4        horses or both unless registered with the  Department  of
 5        Agriculture.  The Department of Agriculture may prescribe
 6        such forms as are necessary to determine the  eligibility
 7        of  such horses. The Department of Agriculture may assess
 8        and collect application  fees  for  the  registration  of
 9        Illinois-eligible  foals.   All  fees collected are to be
10        paid into the Illinois  Thoroughbred  Breeders  Fund.  No
11        person shall knowingly prepare or cause preparation of an
12        application  for  registration  of  such foals containing
13        false information.
14        (m)  The Department of Agriculture, with the  advice  and
15    assistance   of   the  Illinois  Thoroughbred  Breeders  Fund
16    Advisory Board, shall provide that certain races  limited  to
17    Illinois  conceived  and foaled and Illinois foaled horses be
18    stakes races and determine the total  amount  of  stakes  and
19    awards to be paid to the owners of the winning horses in such
20    races.
21        In  determining the stakes races and the amount of awards
22    for such races, the Department of Agriculture shall  consider
23    factors,  including  but  not limited to, the amount of money
24    appropriated for  the  Illinois  Thoroughbred  Breeders  Fund
25    program,  organization licensees' contributions, availability
26    of  stakes   caliber   horses   as   demonstrated   by   past
27    performances,  whether  the  race can be coordinated into the
28    proposed racing dates within organization  licensees'  racing
29    dates,  opportunity  for  colts  and  fillies and various age
30    groups to race,  public  wagering  on  such  races,  and  the
31    previous racing schedule.
32        (n)  The  Board  and  the  organizational  licensee shall
33    notify the Department of the conditions  and  minimum  purses
34    for  races  limited  to  Illinois  conceived  and  foaled and
 
                            -68-     LRB093 02212 LRD 15799 a
 1    Illinois foaled  horses  conducted  for  each  organizational
 2    licensee  conducting  a  thoroughbred  racing  meeting.   The
 3    Department  of  Agriculture with the advice and assistance of
 4    the Illinois Thoroughbred Breeders Fund  Advisory  Board  may
 5    allocate  monies  for  purse  supplements for such races.  In
 6    determining whether to allocate money  and  the  amount,  the
 7    Department  of  Agriculture shall consider factors, including
 8    but not limited to, the amount of money appropriated for  the
 9    Illinois  Thoroughbred  Breeders  Fund program, the number of
10    races that may occur, and the organizational licensee's purse
11    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
22    Horsemen's 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.)

27        (230 ILCS 5/31) (from Ch. 8, par. 37-31)
28        Sec. 31.  (a) The General Assembly declares  that  it  is
29    the  policy  of  this  State  to  encourage  the  breeding of
30    standardbred horses in this State and the ownership  of  such
31    horses  by  residents  of this State in order to provide for:
32    sufficient numbers of high  quality  standardbred  horses  to
33    participate  in harness racing meetings in this State, and to
 
                            -69-     LRB093 02212 LRD 15799 a
 1    establish  and  preserve  the  agricultural  and   commercial
 2    benefits  of such breeding and racing industries to the State
 3    of Illinois.  It is the intent of  the  General  Assembly  to
 4    further this policy by the provisions of this Section of this
 5    Act.
 6        (b)  Each  organization  licensee  conducting  a  harness
 7    racing  meeting  pursuant  to  this  Act shall provide for at
 8    least  two  races  each  race  program  limited  to  Illinois
 9    conceived and foaled horses.  A minimum of 6 races  shall  be
10    conducted  each week limited to Illinois conceived and foaled
11    horses.  No horses shall be permitted to start in such  races
12    unless  duly  registered under the rules of the Department of
13    Agriculture.
14        (b-5)  Each organization licensee  conducting  a  harness
15    racing  meeting  pursuant  to  this  Act shall provide stakes
16    races and early  closer  races  for  Illinois  conceived  and
17    foaled  horses so the total purses distributed for such races
18    shall be no less than 17% of the total purses distributed  at
19    the meeting.
20        (b-10)  Each  organization  licensee conducting a harness
21    racing meeting pursuant to this Act shall  provide  an  owner
22    award  to  be paid from the purse account equal to 25% of the
23    amount earned by Illinois  conceived  and  foaled  horses  in
24    races  that  are  not  restricted  to  Illinois conceived and
25    foaled horses.
26        (c)  Conditions of races under subsection  (b)  shall  be
27    commensurate  with  past  performance,  quality  and class of
28    Illinois conceived and foaled horses available.  If, however,
29    sufficient competition cannot be had  among  horses  of  that
30    class  on  any day, the races may, with consent of the Board,
31    be eliminated for that day and substitute races provided.
32        (d)  There is hereby created a special fund of the  State
33    Treasury  to  be  known as the Illinois Standardbred Breeders
34    Fund.
 
                            -70-     LRB093 02212 LRD 15799 a
 1        During the calendar year 1981, and each year  thereafter,
 2    except  as  provided  in subsection (g) of Section 27 of this
 3    Act, eight and one-half per cent of all the  monies  received
 4    by  the  State  as privilege taxes on harness racing meetings
 5    shall be paid into the Illinois Standardbred Breeders Fund.
 6        (e)  The Illinois Standardbred  Breeders  Fund  shall  be
 7    administered  by  the  Department  of  Agriculture  with  the
 8    assistance  and  advice  of  the  Advisory  Board  created in
 9    subsection (f) of this Section.
10        (f)  The Illinois  Standardbred  Breeders  Fund  Advisory
11    Board is hereby created.  The Advisory Board shall consist of
12    the  Director  of  the  Department  of Agriculture, who shall
13    serve as Chairman; the Superintendent of the  Illinois  State
14    Fair;  a  member  of the Illinois Racing Board, designated by
15    it; a representative of the Illinois Standardbred Owners  and
16    Breeders  Association, recommended by it; a representative of
17    the Illinois Association of Agricultural  Fairs,  recommended
18    by  it,  such  representative  to  be  from  a  fair at which
19    Illinois  conceived  and  foaled  racing  is   conducted;   a
20    representative   of  the  organization  licensees  conducting
21    harness  racing  meetings,  recommended   by   them   and   a
22    representative    of    the   Illinois   Harness   Horsemen's
23    Association, recommended by it.  Advisory Board members shall
24    serve for 2 years commencing January 1, of each odd  numbered
25    year.  If representatives of the Illinois Standardbred Owners
26    and   Breeders  Associations,  the  Illinois  Association  of
27    Agricultural   Fairs,   the   Illinois   Harness   Horsemen's
28    Association,  and  the  organization   licensees   conducting
29    harness  racing meetings have not been recommended by January
30    1, of each odd numbered year, the Director of the  Department
31    of Agriculture shall make an appointment for the organization
32    failing  to  so  recommend  a  member  of the Advisory Board.
33    Advisory Board members  shall  receive  no  compensation  for
34    their  services  as  members  but shall be reimbursed for all
 
                            -71-     LRB093 02212 LRD 15799 a
 1    actual and necessary expenses and disbursements  incurred  in
 2    the execution of their official duties.
 3        (g)  No  monies  shall  be  expended  from  the  Illinois
 4    Standardbred  Breeders  Fund  except  as  appropriated by the
 5    General Assembly.   Monies  appropriated  from  the  Illinois
 6    Standardbred   Breeders   Fund   shall  be  expended  by  the
 7    Department of Agriculture, with the assistance and advice  of
 8    the  Illinois  Standardbred  Breeders Fund Advisory Board for
 9    the following purposes only:
10             1.  To provide purses for races limited to  Illinois
11        conceived  and  foaled  horses  at the State Fair and the
12        DuQuoin State Fair.
13             2.  To provide purses for races limited to  Illinois
14        conceived and foaled horses at county fairs.
15             3.  To  provide  purse supplements for races limited
16        to Illinois conceived  and  foaled  horses  conducted  by
17        associations conducting harness racing meetings.
18             4.  No  less  than 75% of all monies in the Illinois
19        Standardbred Breeders Fund shall be expended  for  purses
20        in 1, 2 and 3 as shown above.
21             5.  In   the   discretion   of   the  Department  of
22        Agriculture to provide  awards  to  harness  breeders  of
23        Illinois  conceived  and  foaled  horses  which win races
24        conducted by organization  licensees  conducting  harness
25        racing  meetings. A breeder is the owner of a mare at the
26        time of conception.  No  more  than  10%  of  all  monies
27        appropriated from the Illinois Standardbred Breeders Fund
28        shall  be  expended for such harness breeders awards.  No
29        more than 25% of the amount expended for harness breeders
30        awards shall be expended for  expenses  incurred  in  the
31        administration of such harness breeders awards.
32             6.  To  pay for the improvement of racing facilities
33        located at the State Fair and County fairs.
34             7.  To   pay   the   expenses   incurred   in    the
 
                            -72-     LRB093 02212 LRD 15799 a
 1        administration  of  the  Illinois  Standardbred  Breeders
 2        Fund.
 3             8.  To   promote   the   sport  of  harness  racing,
 4        including grants up to a maximum of $7,500 per  fair  per
 5        year  for  the  cost of a totalizer system to be used for
 6        conducting pari-mutuel  wagering  during  the  advertised
 7        dates of a county fair.
 8        (h)  Whenever  the  Governor finds that the amount in the
 9    Illinois Standardbred Breeders Fund is more than the total of
10    the outstanding appropriations from such fund,  the  Governor
11    shall notify the State Comptroller and the State Treasurer of
12    such  fact.  The  Comptroller  and the  State Treasurer, upon
13    receipt of such  notification,  shall  transfer  such  excess
14    amount  from  the  Illinois Standardbred Breeders Fund to the
15    General Revenue Fund.
16        (i)  A sum equal to 12 1/2% of the first prize  money  of
17    every  purse  won  by  an Illinois conceived and foaled horse
18    shall be paid by the  organization  licensee  conducting  the
19    horse  race meeting to the breeder of such winning horse from
20    the  organization  licensee's  account  share  of  the  money
21    wagered. Such payment shall not reduce any award to the owner
22    of the horse or reduce the  taxes  payable  under  this  Act.
23    Such  payment shall be delivered by the organization licensee
24    at the end of each month race meeting.
25        (j)  The Department of Agriculture shall, by  rule,  with
26    the  assistance  and  advice  of  the  Illinois  Standardbred
27    Breeders Fund Advisory Board:
28        1.  Qualify  stallions for Illinois Standardbred Breeders
29    Fund breeding; such stallion shall be owned by a resident  of
30    the  State  of  Illinois or by an Illinois corporation all of
31    whose shareholders, directors, officers and incorporators are
32    residents of the State  of  Illinois.   Such  stallion  shall
33    stand  for service at and within the State of Illinois at the
34    time of a foal's conception, and such stallion must not stand
 
                            -73-     LRB093 02212 LRD 15799 a
 1    for service at any place, nor may semen from such stallion be
 2    transported,  outside  the  State  of  Illinois  during  that
 3    calendar year in which the foal is  conceived  and  that  the
 4    owner of the stallion was for the 12 months prior, a resident
 5    of  Illinois.  The  articles of agreement of any partnership,
 6    joint venture, limited partnership, syndicate, association or
 7    corporation  and  any  bylaws  and  stock  certificates  must
 8    contain a restriction that provides  that  the  ownership  or
 9    transfer of interest by any one of the persons a party to the
10    agreement  can  only  be made to a person who qualifies as an
11    Illinois resident.  Foals  conceived  outside  the  State  of
12    Illinois  from  shipped  semen  from a stallion qualified for
13    breeders' awards under  this  Section  are  not  eligible  to
14    participate in the Illinois conceived and foaled program.
15        2.  Provide  for  the  registration of Illinois conceived
16    and foaled horses and no such  horse  shall  compete  in  the
17    races  limited to Illinois conceived and foaled horses unless
18    registered  with  the   Department   of   Agriculture.    The
19    Department  of Agriculture may prescribe such forms as may be
20    necessary to determine the eligibility  of  such  horses.  No
21    person  shall  knowingly  prepare  or cause preparation of an
22    application for registration of such foals  containing  false
23    information.  A  mare  (dam) must be in the state at least 30
24    days prior to foaling or remain in the State at least 30 days
25    at the time of foaling.  Beginning  with  the  1996  breeding
26    season and for foals of 1997 and thereafter, a foal conceived
27    in  the  State  of Illinois by transported fresh semen may be
28    eligible  for  Illinois  conceived  and  foaled  registration
29    provided all breeding and foaling requirements are met.   The
30    stallion must be qualified for Illinois Standardbred Breeders
31    Fund  breeding at the time of conception and the mare must be
32    inseminated within the State of Illinois.  The foal  must  be
33    dropped   in   Illinois  and  properly  registered  with  the
34    Department of Agriculture in accordance with this Act.
 
                            -74-     LRB093 02212 LRD 15799 a
 1        3.  Provide that at least a 5 day racing program shall be
 2    conducted at the State Fair each year,  which  program  shall
 3    include  at  least  the  following  races limited to Illinois
 4    conceived and foaled horses:  (a) a two  year  old  Trot  and
 5    Pace,  and Filly Division of each;  (b) a three year old Trot
 6    and Pace, and Filly Division of each;  (c) an aged  Trot  and
 7    Pace, and Mare Division of each.
 8        4.  Provide for the payment of nominating, sustaining and
 9    starting fees for races promoting the sport of harness racing
10    and  for  the  races  to  be  conducted  at the State Fair as
11    provided in subsection (j) 3 of this  Section  provided  that
12    the nominating, sustaining and starting payment required from
13    an  entrant  shall  not  exceed 2% of the purse of such race.
14    All nominating, sustaining and  starting  payments  shall  be
15    held  for  the  benefit  of entrants and shall be paid out as
16    part of the respective purses  for  such  races.  Nominating,
17    sustaining  and starting fees shall be held in trust accounts
18    for the purposes as set forth in this Act and  in  accordance
19    with  Section 205-15 of the Department of Agriculture Law (20
20    ILCS 205/205-15).
21        5.  Provide for the registration with the  Department  of
22    Agriculture  of Colt Associations or county fairs desiring to
23    sponsor races at county fairs.
24        (k)  The Department of Agriculture, with the  advice  and
25    assistance   of   the  Illinois  Standardbred  Breeders  Fund
26    Advisory Board, may allocate monies for purse supplements for
27    such races.  In determining whether to allocate money and the
28    amount, the Department of Agriculture shall consider factors,
29    including  but  not  limited  to,   the   amount   of   money
30    appropriated  for  the  Illinois  Standardbred  Breeders Fund
31    program,  the  number  of  races  that  may  occur,  and   an
32    organizational     licensee's     purse    structure.     The
33    organizational  licensee  shall  notify  the  Department   of
34    Agriculture  of  the  conditions and minimum purses for races
 
                            -75-     LRB093 02212 LRD 15799 a
 1    limited  to  Illinois  conceived  and  foaled  horses  to  be
 2    conducted  by  each  organizational  licensee  conducting   a
 3    harness  racing meeting for which purse supplements have been
 4    negotiated.
 5        (l)  All races held at county fairs and  the  State  Fair
 6    which  receive  funds from the Illinois Standardbred Breeders
 7    Fund shall be conducted in accordance with the rules  of  the
 8    United  States Trotting Association unless otherwise modified
 9    by the Department of Agriculture.
10        (m)  At all standardbred race meetings held or  conducted
11    under authority of a license granted by the Board, and at all
12    standardbred races held at county fairs which are approved by
13    the  Department  of Agriculture or at the Illinois or DuQuoin
14    State Fairs, no one shall jog, train,  warm  up  or  drive  a
15    standardbred  horse  unless he or she is wearing a protective
16    safety helmet, with the chin strap  fastened  and  in  place,
17    which  meets  the  standards and requirements as set forth in
18    the 1984 Standard for Protective Headgear for Use in  Harness
19    Racing  and  Other  Equestrian  Sports published by the Snell
20    Memorial Foundation, or any standards  and  requirements  for
21    headgear  the  Illinois  Racing Board may approve.  Any other
22    standards and requirements so approved  by  the  Board  shall
23    equal  or  exceed  those  published  by  the  Snell  Memorial
24    Foundation.   Any  equestrian  helmet bearing the Snell label
25    shall be deemed to have met those standards and requirements.
26    (Source: P.A. 91-239, eff. 1-1-00.)

27        (230 ILCS 5/34.2 new)
28        Sec. 34.2.  Racetrack consolidation.
29        (a)  Findings.    The   General   Assembly   finds   that
30    encouraging organization licensees  to  consolidate  will  be
31    beneficial   to  the  horse  racing  industry.   The  General
32    Assembly declares it to be the public policy of this State to
33    enhance  the  viability  of  the  horse  racing  industry  by
 
                            -76-     LRB093 02212 LRD 15799 a
 1    encouraging organization licensees to consolidate and not  be
 2    penalized  or  lose any rights, benefits, or powers by reason
 3    of such consolidation.
 4        (b)  Consolidation.   Notwithstanding  any  provision  of
 5    this Act to the contrary, if 2 or more existing  organization
 6    licensees  consolidate into a single organization licensee or
 7    otherwise  form  a  joint   venture,   corporation,   limited
 8    liability   company,   or   similar  consolidated  enterprise
 9    (consolidated organization licensee) whereby the consolidated
10    organization licensee makes application or joint application,
11    as the case may be, as a  single  organization  licensee,  or
12    such  existing  licensees, after consolidation, make separate
13    applications in the names of such pre-existing licensees, the
14    newly  consolidated  organization  licensee  or   each   such
15    separate pre-existing licensee shall thereafter retain and be
16    entitled  to  all  of  the rights, benefits, and powers under
17    this Act that would  have  otherwise  accrued  to  each  such
18    individual  pre-consolidation  organization  licensee but for
19    such consolidation, regardless of whether all or a portion of
20    the facilities of  a  pre-consolidation  licensee  are  sold,
21    transferred,  or  otherwise cease to be utilized by the newly
22    consolidated  organization  licensee   or   either   of   the
23    pre-existing  licensees.  Such multiple rights, benefits, and
24    powers shall include, but not be limited to:
25             (1)  the  authority  to  make  application  for  and
26        receive, within  the  discretion  of  the  Board,  racing
27        dates,  including  host track days, in the same manner as
28        the individual pre-consolidation  organization  licensees
29        and  the racetracks from which the organization licensees
30        derive their licenses;
31             (2)  the right to retain  the  existing  inter-track
32        wagering   licenses  and  inter-track  wagering  location
33        licenses of the individual pre-consolidation organization
34        licensees and the racetracks from which the  organization
 
                            -77-     LRB093 02212 LRD 15799 a
 1        licensees  derive  their  licenses,  and the authority to
 2        make application for future inter-track wagering licenses
 3        and inter-track wagering location licenses  in  the  same
 4        manner  as each individual pre-consolidation organization
 5        licensee   and   the   racetracks   from    which    each
 6        pre-consolidation   organization   licensee  derives  its
 7        license, had or has in its own right; and
 8             (3)  all existing and future rights,  benefits,  and
 9        powers that the individual pre-consolidation organization
10        licensees  and the racetracks from which the organization
11        licensees  derive  their  licenses  would  have  had   or
12        received but for the consolidation.
13        The  newly  consolidated  organization  licensee shall be
14    subject to such taxation and fees as other similarly situated
15    organization licensees.

16        (230 ILCS 5/36) (from Ch. 8, par. 37-36)
17        Sec.  36.   (a)   Whoever  administers  or  conspires  to
18    administer to  any horse  a  hypnotic,  narcotic,  stimulant,
19    depressant  or  any  chemical  substance which may affect the
20    speed of a horse at any time in any race where the  purse  or
21    any  part  of  the  purse  is made of money authorized by any
22    Section  of  this  Act,  except  those  chemical   substances
23    permitted  by  ruling of the Board, internally, externally or
24    by hypodermic method in a race or prior thereto,  or  whoever
25    knowingly  enters  a  horse in any race within a period of 24
26    hours after any hypnotic, narcotic, stimulant, depressant  or
27    any  other chemical substance which may affect the speed of a
28    horse at any time, except those chemical substances permitted
29    by ruling of the Board, has been administered to  such  horse
30    either  internally  or externally or by hypodermic method for
31    the purpose of increasing or  retarding  the  speed  of  such
32    horse  shall  be guilty of a Class 4 felony.  The Board shall
33    suspend or revoke such violator's license.
 
                            -78-     LRB093 02212 LRD 15799 a
 1        (b)  The term "hypnotic" as used in this Section includes
 2    all barbituric acid preparations and derivatives.
 3        (c)  The term "narcotic" as used in this Section includes
 4    opium  and  all  its  alkaloids,  salts,   preparations   and
 5    derivatives,  cocaine  and  all  its  salts, preparations and
 6    derivatives and substitutes.
 7        (d)  The provisions of this Section 36 and the  treatment
 8    authorized herein apply to horses entered in and competing in
 9    race  meetings  as defined in Section 3.47 of this Act and to
10    horses entered in and competing at any county fair.
11    (Source: P.A. 79-1185.)

12        (230 ILCS 5/42) (from Ch. 8, par. 37-42)
13        Sec. 42.  (a)  Except as to the  distribution  of  monies
14    provided  for by Sections 28, 29, 30, and 31 and the treating
15    of horses as provided in Section 36,  nothing  whatsoever  in
16    this  Act shall be held or taken to apply to county fairs and
17    State Fairs or  to  agricultural  and  livestock  exhibitions
18    where  the  pari-mutuel system of wagering upon the result of
19    horses is not permitted or conducted.
20        (b)  Nothing herein shall  be  construed  to  permit  the
21    pari-mutuel  method  of  wagering  upon any race track unless
22    such race track is licensed under this  Act.   It  is  hereby
23    declared  to be unlawful for any person to permit, conduct or
24    supervise upon any race track ground the  pari-mutuel  method
25    of  wagering except in accordance with the provisions of this
26    Act.
27        (c)  Whoever violates subsection (b) of this  Section  is
28    guilty of a Class 4 felony.
29    (Source: P.A. 89-16, eff. 5-30-95.)

30        (230 ILCS 5/56 new)
31        Sec. 56. Electronic gaming.
32        (a)  An  organization  licensee  may  apply to the Gaming
 
                            -79-     LRB093 02212 LRD 15799 a
 1    Board for an electronic gaming license.  An electronic gaming
 2    license shall authorize its holder  to  conduct  gambling  at
 3    slot  machines  on  the grounds of the licensee's race track.
 4    Each license shall specify the number of slot  machines  that
 5    its  holder  may  operate.  An electronic gaming licensee may
 6    not permit persons under 21 years of age to be present in its
 7    electronic gaming  facility,  but  the  licensee  may  accept
 8    wagers   on   live  racing  and  inter-track  wagers  at  its
 9    electronic gaming facility.
10        (b)  The  adjusted  gross   receipts   received   by   an
11    electronic  gaming  licensee from electronic gaming remaining
12    after the payment of taxes under Section 13 of the  Riverboat
13    Gambling Act shall be distributed as follows:
14             82.5% shall be retained by the licensee;
15             15% shall be paid to purse equity accounts;
16             1.75%  shall  be  paid  to the Illinois Thoroughbred
17        Breeders Fund, and  the  Illinois  Standardbred  Breeders
18        Fund,  divided  pro  rata based on the proportion of live
19        thoroughbred  racing   and   live   standardbred   racing
20        conducted at that licensee's race track;
21             0.25%  shall  be  paid to the Illinois Quarter Horse
22        Breeders Fund;
23             0.125% shall be paid to the University  of  Illinois
24        for equine research;
25             0.125%   shall   be  paid  to  the  Racing  Industry
26        Charitable Foundation;
27             0.25% shall be paid to the  licensee's  live  racing
28        and horse ownership promotional account.
29        Of  the  moneys  paid  to  purse  equity  accounts  by an
30    electronic  gaming  licensee,  58%  shall  be  paid  to   the
31    licensee's thoroughbred purse equity account and 42% shall be
32    paid to the licensee's standardbred purse equity account.

33        Section  80.   The  Riverboat  Gambling Act is amended by
 
                            -80-     LRB093 02212 LRD 15799 a
 1    changing Sections 3, 4, 5, 7, 8, 9, 11, 11.1, 12, 13, 14, 18,
 2    19, and 20 and adding Sections 7.4 and 13.2 as follows:

 3        (230 ILCS 10/3) (from Ch. 120, par. 2403)
 4        Sec. 3.  Riverboat Gambling Authorized.
 5        (a)  Riverboat gambling operations and electronic  gaming
 6    operations  and  the system of wagering incorporated therein,
 7    as defined in this Act, are hereby authorized to  the  extent
 8    that  they  are carried out in accordance with the provisions
 9    of this Act.
10        (b)  This Act does not apply to the pari-mutuel system of
11    wagering used or intended to be used in connection  with  the
12    horse-race  meetings  as  authorized under the Illinois Horse
13    Racing Act  of  1975,  lottery  games  authorized  under  the
14    Illinois  Lottery  Law,  bingo  authorized  under  the  Bingo
15    License  and  Tax  Act, charitable games authorized under the
16    Charitable Games Act or pull tabs  and  jar  games  conducted
17    under the Illinois Pull Tabs and Jar Games Act. This Act does
18    apply  to  electronic  gaming  authorized  under the Illinois
19    Horse Racing Act of 1975 to the extent provided in  that  Act
20    and in this Act.
21        (c)  Riverboat  gambling  conducted  pursuant to this Act
22    may be authorized upon any water within the State of Illinois
23    or any water other than Lake  Michigan  which  constitutes  a
24    boundary  of  the  State  of Illinois. A licensee may conduct
25    riverboat gambling authorized under this  Act  regardless  of
26    whether it conducts excursion cruises.  A licensee may permit
27    the  continuous  ingress  and  egress  of  passengers for the
28    purpose of gambling.
29        (d)  Gambling that is conducted in accordance  with  this
30    Act  using  slot  machines  shall be authorized at electronic
31    gaming facilities as provided in this Act.
32    (Source: P.A. 91-40, eff. 6-25-99.)
 
                            -81-     LRB093 02212 LRD 15799 a
 1        (230 ILCS 10/4) (from Ch. 120, par. 2404)
 2        Sec. 4.  Definitions. As used in this Act:
 3        (a)  "Board" means the Illinois Gaming Board.
 4        (b)  "Occupational license" means a license issued by the
 5    Board to a person or entity to perform  an  occupation  which
 6    the  Board has identified as requiring a license to engage in
 7    riverboat gambling in Illinois.
 8        (c)  "Gambling game" includes, but  is  not  limited  to,
 9    baccarat,  twenty-one, poker, craps, slot machine, video game
10    of chance, roulette wheel, klondike table,  punchboard,  faro
11    layout,  keno  layout, numbers ticket, push card, jar ticket,
12    or pull tab which is authorized by the Board  as  a  wagering
13    device under this Act.
14        (d)  "Riverboat" means a self-propelled excursion boat, a
15    permanently  moored  barge, or permanently moored barges that
16    are permanently fixed together to operate as one  vessel,  on
17    which  lawful gambling is authorized and licensed as provided
18    in this Act.
19        (e)  (Blank).
20        (f)  "Dock" means the location where  a  riverboat  moors
21    for  the purpose of embarking passengers for and disembarking
22    passengers from the riverboat.
23        (g)  "Gross receipts" means the  total  amount  of  money
24    exchanged  for  the  purchase  of chips, tokens or electronic
25    cards by riverboat patrons  or  electronic  gaming  operation
26    patrons.
27        (h)  "Adjusted  gross  receipts" means the gross receipts
28    less winnings paid to wagerers.
29        (i)  "Cheat" means to alter  the  selection  of  criteria
30    which  determine  the result of a gambling game or the amount
31    or frequency of payment in a gambling game.
32        (j)  "Department" means the Department of Revenue.
33        (k)  "Gambling operation" means the conduct of authorized
34    gambling games authorized under this Act on upon a  riverboat
 
                            -82-     LRB093 02212 LRD 15799 a
 1    or  authorized  under  this Act and the Illinois Horse Racing
 2    Act of 1975 at an electronic gaming facility.
 3        "Owners license" means a  license  to  conduct  riverboat
 4    gambling  operations,  but  does  not  include  an electronic
 5    gaming license.
 6        "Licensed owner" means  a  person  who  holds  an  owners
 7    license.
 8        "Electronic gaming license" means a license issued by the
 9    Board  under  Section  7.4 of this Act authorizing electronic
10    gaming at an electronic gaming facility.
11        "Electronic gaming" means the conduct of  gambling  using
12    slot  machines  at  a  race track licensed under the Illinois
13    Horse Racing Act of  1975  pursuant  to  the  Illinois  Horse
14    Racing Act of 1975 and this Act.
15        "Electronic  gaming  facility"  means  the area where the
16    Board has authorized limited gaming at a  race  track  of  an
17    organization  licensee under the Illinois Horse Racing Act of
18    1975 that holds an electronic gaming license.
19        "Organization licensee" means an entity authorized by the
20    Illinois Racing Board  to  conduct  pari-mutuel  wagering  in
21    accordance with the Illinois Horse Racing Act of 1975.
22    (Source: P.A. 91-40, eff. 6-25-99; 92-600, eff. 6-28-02.)

23        (230 ILCS 10/5) (from Ch. 120, par. 2405)
24        Sec. 5.  Gaming Board.
25        (a) (1)  There   is   hereby   established   within   the
26    Department  of  Revenue  an Illinois Gaming Board which shall
27    have the powers and duties specified in  this  Act,  and  all
28    other  powers  necessary  and proper to fully and effectively
29    execute  this  Act  for   the   purpose   of   administering,
30    regulating,  and  enforcing  the system of riverboat gambling
31    established by this Act. Its jurisdiction shall extend  under
32    this   Act   to   every   person,  association,  corporation,
33    partnership  and  trust  involved   in   riverboat   gambling
 
                            -83-     LRB093 02212 LRD 15799 a
 1    operations in the State of Illinois.
 2        (2)  The Board shall consist of 5 members to be appointed
 3    by  the  Governor  with the advice and consent of the Senate,
 4    one of whom  shall  be  designated  by  the  Governor  to  be
 5    chairman.   Each  member shall have a reasonable knowledge of
 6    the  practice,   procedure   and   principles   of   gambling
 7    operations.  Each  member  shall  either  be  a  resident  of
 8    Illinois  or  shall certify that he will become a resident of
 9    Illinois before taking office. At least one member  shall  be
10    experienced in law enforcement and criminal investigation, at
11    least  one  member  shall  be  a  certified public accountant
12    experienced in accounting and  auditing,  and  at  least  one
13    member  shall  be  a  lawyer  licensed  to  practice  law  in
14    Illinois.
15        (3)  The  terms of office of the Board members shall be 3
16    years, except that the terms of office of the  initial  Board
17    members appointed pursuant to this Act will commence from the
18    effective  date  of  this  Act and run as follows:  one for a
19    term ending July 1, 1991, 2 for a term ending July  1,  1992,
20    and 2 for a term ending July 1, 1993.  Upon the expiration of
21    the  foregoing  terms,  the  successors of such members shall
22    serve a term for 3  years  and  until  their  successors  are
23    appointed  and  qualified  for  like  terms. Vacancies in the
24    Board shall be filled for the unexpired term in  like  manner
25    as  original appointments.  Each member of the Board shall be
26    eligible for reappointment at the discretion of the  Governor
27    with the advice and consent of the Senate.
28        (4)  Each member of the Board shall receive $300 for each
29    day  the Board meets and for each day the member conducts any
30    hearing pursuant to this Act.  Each member of the Board shall
31    also be reimbursed for all actual and necessary expenses  and
32    disbursements incurred in the execution of official duties.
33        (5)  No  person  shall be appointed a member of the Board
34    or continue to be a member of the  Board  who  is,  or  whose
 
                            -84-     LRB093 02212 LRD 15799 a
 1    spouse,  child  or  parent  is,  a  member  of  the  board of
 2    directors of, or a  person  financially  interested  in,  any
 3    gambling operation subject to the jurisdiction of this Board,
 4    or  any  race  track, race meeting, racing association or the
 5    operations  thereof  subject  to  the  jurisdiction  of   the
 6    Illinois  Racing Board.  No Board member shall hold any other
 7    public office for which he shall receive  compensation  other
 8    than  necessary  travel  or  other  incidental  expenses.  No
 9    person shall be a member of the Board  who  is  not  of  good
10    moral  character  or  who  has been convicted of, or is under
11    indictment for, a felony under the laws of  Illinois  or  any
12    other state, or the United States.
13        (6)  Any  member  of  the  Board  may  be  removed by the
14    Governor for neglect of duty,  misfeasance,  malfeasance,  or
15    nonfeasance in office.
16        (7)  Before  entering upon the discharge of the duties of
17    his office, each member of the Board shall take an oath  that
18    he will faithfully execute the duties of his office according
19    to  the  laws  of  the  State  and  the rules and regulations
20    adopted therewith  and  shall  give  bond  to  the  State  of
21    Illinois,  approved  by  the Governor, in the sum of $25,000.
22    Every such bond, when duly executed and  approved,  shall  be
23    recorded  in  the office of the Secretary of State.  Whenever
24    the Governor determines that the bond of any  member  of  the
25    Board   has   become  or  is  likely  to  become  invalid  or
26    insufficient, he shall require such member forthwith to renew
27    his bond, which is to  be  approved  by  the  Governor.   Any
28    member  of  the  Board  who  fails to take oath and give bond
29    within 30 days from the date of his appointment, or who fails
30    to renew his bond within 30 days after it is demanded by  the
31    Governor,  shall  be  guilty  of  neglect  of duty and may be
32    removed by the Governor.  The cost of any bond given  by  any
33    member of the Board under this Section shall be taken to be a
34    part of the necessary expenses of the Board.
 
                            -85-     LRB093 02212 LRD 15799 a
 1        (8)  Upon  the request of the Board, the Department shall
 2    employ such personnel as may be necessary to  carry  out  the
 3    functions of the Board.  No person shall be employed to serve
 4    the  Board  who  is,  or whose spouse, parent or child is, an
 5    official of, or has a  financial  interest  in  or  financial
 6    relation  with,  any  operator engaged in gambling operations
 7    within this State or any organization engaged  in  conducting
 8    horse racing within this State.  Any employee violating these
 9    prohibitions shall be subject to termination of employment.
10        (9)  An  Administrator  shall  perform any and all duties
11    that  the  Board  shall  assign  him.   The  salary  of   the
12    Administrator  shall  be determined by the Board and approved
13    by the Director of the Department and, in addition, he  shall
14    be  reimbursed for all actual and necessary expenses incurred
15    by  him  in  discharge   of   his   official   duties.    The
16    Administrator  shall  keep  records of all proceedings of the
17    Board and shall preserve all records,  books,  documents  and
18    other papers belonging to the Board or entrusted to its care.
19    The Administrator shall devote his full time to the duties of
20    the office and shall not hold any other office or employment.
21        (b)  The  Board shall have general responsibility for the
22    implementation of this  Act.   Its  duties  include,  without
23    limitation, the following:
24             (1)  To  decide promptly and in reasonable order all
25        license applications. Any party aggrieved by an action of
26        the Board denying, suspending, revoking,  restricting  or
27        refusing  to renew a license may request a hearing before
28        the Board.  A request for a hearing must be made  to  the
29        Board in writing within 5 days after service of notice of
30        the  action  of  the  Board.  Notice of the action of the
31        Board shall be served either by personal delivery  or  by
32        certified mail, postage prepaid, to the aggrieved party.
33        Notice  served by certified mail shall be deemed complete
34        on the business day following the date of  such  mailing.
 
                            -86-     LRB093 02212 LRD 15799 a
 1        The  Board  shall conduct all requested hearings promptly
 2        and in reasonable order;
 3             (2)  To conduct all  hearings  pertaining  to  civil
 4        violations   of   this   Act  or  rules  and  regulations
 5        promulgated hereunder;
 6             (3)  To promulgate such rules and regulations as  in
 7        its  judgment  may be necessary to protect or enhance the
 8        credibility  and   integrity   of   gambling   operations
 9        authorized   by  this  Act  and  the  regulatory  process
10        hereunder;
11             (4)  To provide for the establishment and collection
12        of all license and registration fees and taxes imposed by
13        this Act and the rules and  regulations  issued  pursuant
14        hereto.   All such fees and taxes shall be deposited into
15        the State Gaming Fund;
16             (5)  To provide  for  the  levy  and  collection  of
17        penalties  and  fines  for the violation of provisions of
18        this  Act  and  the  rules  and  regulations  promulgated
19        hereunder.   All  such  fines  and  penalties  shall   be
20        deposited  into the Education Assistance Fund, created by
21        Public Act 86-0018, of the State of Illinois;
22             (6)  To be present through its inspectors and agents
23        any  time  gambling  operations  are  conducted  on   any
24        riverboat  or  at  any electronic gaming facility for the
25        purpose of  certifying  the  revenue  thereof,  receiving
26        complaints  from  the  public,  and conducting such other
27        investigations into the conduct of the gambling games and
28        the maintenance of the equipment as from time to time the
29        Board may deem necessary and proper;
30             (7)  To review and rule  upon  any  complaint  by  a
31        licensee  regarding  any  investigative procedures of the
32        State which  are  unnecessarily  disruptive  of  gambling
33        operations.  The need to inspect and investigate shall be
34        presumed  at  all  times.  The disruption of a licensee's
 
                            -87-     LRB093 02212 LRD 15799 a
 1        operations  shall  be  proved  by  clear  and  convincing
 2        evidence, and establish that:  (A) the procedures had  no
 3        reasonable   law   enforcement   purposes,  and  (B)  the
 4        procedures were so disruptive as to unreasonably  inhibit
 5        gambling operations;
 6             (8)  To  hold  at  least one meeting each quarter of
 7        the fiscal year.  In addition, special  meetings  may  be
 8        called  by  the  Chairman  or any 2 Board members upon 72
 9        hours written notice to each member.  All Board  meetings
10        shall  be subject to the Open Meetings Act. Three members
11        of the Board shall constitute a quorum, and 3 votes shall
12        be required for any final  determination  by  the  Board.
13        The  Board  shall  keep a complete and accurate record of
14        all its meetings. A majority of the members of the  Board
15        shall  constitute  a  quorum  for  the transaction of any
16        business, for the performance of any  duty,  or  for  the
17        exercise  of  any power which this Act requires the Board
18        members to transact, perform or exercise en banc,  except
19        that,  upon  order of the Board, one of the Board members
20        or an administrative law judge designated  by  the  Board
21        may conduct any hearing provided for under this Act or by
22        Board  rule  and  may recommend findings and decisions to
23        the Board.  The Board member or administrative law  judge
24        conducting  such hearing shall have all powers and rights
25        granted to the Board in this Act. The record made at  the
26        time  of the hearing shall be reviewed by the Board, or a
27        majority thereof, and the findings and  decision  of  the
28        majority  of  the Board shall constitute the order of the
29        Board in such case;
30             (9)  To maintain  records  which  are  separate  and
31        distinct  from  the  records  of any other State board or
32        commission.  Such records shall be available  for  public
33        inspection   and   shall  accurately  reflect  all  Board
34        proceedings;
 
                            -88-     LRB093 02212 LRD 15799 a
 1             (10)  To file  a  written  annual  report  with  the
 2        Governor  on  or  before  March  1  each  year  and  such
 3        additional  reports  as  the  Governor  may  request. The
 4        annual report shall include a statement of  receipts  and
 5        disbursements  by  the Board, actions taken by the Board,
 6        and any additional information and recommendations  which
 7        the  Board  may  deem  valuable or which the Governor may
 8        request;
 9             (11)  (Blank); and
10             (12)  To    assume    responsibility     for     the
11        administration  and  enforcement of the Bingo License and
12        Tax Act, the Charitable Games Act, and the Pull Tabs  and
13        Jar  Games  Act if such responsibility is delegated to it
14        by the Director of Revenue; and.
15             (13)  To    assume    responsibility     for     the
16        administration   and   enforcement   of   operations   at
17        electronic gaming facilities pursuant to this Act and the
18        Illinois Horse Racing Act of 1975.
19        (c)  The  Board  shall  have  jurisdiction over and shall
20    supervise all gambling operations governed by this Act.   The
21    Board shall have all powers necessary and proper to fully and
22    effectively  execute  the  provisions of this Act, including,
23    but not limited to, the following:
24             (1)  To investigate  applicants  and  determine  the
25        eligibility  of  applicants  for  licenses  and to select
26        among competing  applicants  the  applicants  which  best
27        serve the interests of the citizens of Illinois.
28             (2)  To  have  jurisdiction and supervision over all
29        riverboat gambling operations authorized under  this  Act
30        in  this  State  and  all persons in places on riverboats
31        where gambling operations are conducted.
32             (3)  To promulgate rules  and  regulations  for  the
33        purpose  of  administering the provisions of this Act and
34        to prescribe  rules,  regulations  and  conditions  under
 
                            -89-     LRB093 02212 LRD 15799 a
 1        which  all  riverboat gambling operations subject to this
 2        Act in the State shall  be  conducted.   Such  rules  and
 3        regulations   are   to  provide  for  the  prevention  of
 4        practices detrimental to the public interest and for  the
 5        best interests of riverboat gambling, including rules and
 6        regulations regarding the inspection of electronic gaming
 7        facilities  and  such  riverboats  and  the review of any
 8        permits or licenses  necessary  to  operate  a  riverboat
 9        under  any  laws or regulations applicable to riverboats,
10        and to impose penalties for violations thereof.
11             (4)  To enter  the  office,  riverboats,  electronic
12        gaming  facilities, and other facilities, or other places
13        of  business  of  a  licensee,  where  evidence  of   the
14        compliance  or  noncompliance with the provisions of this
15        Act is likely to be found.
16             (5)  To investigate alleged violations of  this  Act
17        or  the  rules  of  the  Board  and  to  take appropriate
18        disciplinary action against a licensee or a holder of  an
19        occupational   license  for  a  violation,  or  institute
20        appropriate legal action for enforcement, or both.
21             (6)  To adopt standards for  the  licensing  of  all
22        persons  under  this  Act,  as  well as for electronic or
23        mechanical gambling games, and to establish fees for such
24        licenses.
25             (7)  To  adopt   appropriate   standards   for   all
26        electronic   gaming  facilities,  riverboats,  and  other
27        facilities authorized under this Act.
28             (8)  To  require   that   the   records,   including
29        financial  or other statements of any licensee under this
30        Act, shall be kept in such manner as  prescribed  by  the
31        Board   and  that  any  such  licensee  involved  in  the
32        ownership or management of gambling operations submit  to
33        the  Board  an  annual  balance sheet and profit and loss
34        statement, list of  the  stockholders  or  other  persons
 
                            -90-     LRB093 02212 LRD 15799 a
 1        having  a  1%  or  greater  beneficial  interest  in  the
 2        gambling  activities  of  each  licensee,   and any other
 3        information  the  Board  deems  necessary  in  order   to
 4        effectively   administer   this   Act   and   all  rules,
 5        regulations, orders and final decisions promulgated under
 6        this Act.
 7             (9)  To conduct hearings, issue  subpoenas  for  the
 8        attendance of witnesses and subpoenas duces tecum for the
 9        production   of   books,   records  and  other  pertinent
10        documents in accordance with the Illinois  Administrative
11        Procedure  Act,  and to administer oaths and affirmations
12        to the witnesses, when, in the judgment of the Board,  it
13        is  necessary  to  administer  or enforce this Act or the
14        Board rules.
15             (10)  To prescribe a form to be used by any licensee
16        involved in  the  ownership  or  management  of  gambling
17        operations  as  an  application  for employment for their
18        employees.
19             (11)  To revoke or suspend licenses,  as  the  Board
20        may see fit and in compliance with applicable laws of the
21        State  regarding administrative procedures, and to review
22        applications for the renewal of licenses.  The Board  may
23        suspend  an  owners license or electronic gaming license,
24        without notice or hearing, upon a determination that  the
25        safety  or  health of patrons or employees is jeopardized
26        by continuing a gambling operation conducted  under  that
27        license  a  riverboat's  operation.   The  suspension may
28        remain in effect until  the  Board  determines  that  the
29        cause  for  suspension  has  been  abated.  The Board may
30        revoke the owners license or  electronic  gaming  license
31        upon a determination that the licensee owner has not made
32        satisfactory progress toward abating the hazard.
33             (12)  To  eject or exclude or authorize the ejection
34        or exclusion  of,  any  person  from  riverboat  gambling
 
                            -91-     LRB093 02212 LRD 15799 a
 1        facilities where that such person is in violation of this
 2        Act, rules and regulations thereunder, or final orders of
 3        the  Board,  or where such person's conduct or reputation
 4        is such that his or her  presence  within  the  riverboat
 5        gambling  facilities  may,  in  the opinion of the Board,
 6        call into question  the  honesty  and  integrity  of  the
 7        gambling operations or interfere with the orderly conduct
 8        thereof;  provided that the propriety of such ejection or
 9        exclusion is subject to subsequent hearing by the Board.
10             (13)  To   require   all   licensees   of   gambling
11        operations to utilize a cashless wagering system  whereby
12        all  players'  money  is  converted to tokens, electronic
13        cards, or chips which shall be used only for wagering  in
14        the gambling establishment.
15             (14)  (Blank).
16             (15)  To  suspend,  revoke  or restrict licenses, to
17        require the removal of a licensee or  an  employee  of  a
18        licensee  for  a violation of this Act or a Board rule or
19        for engaging in a  fraudulent  practice,  and  to  impose
20        civil  penalties  of up to $5,000 against individuals and
21        up to $10,000 or an  amount  equal  to  the  daily  gross
22        receipts, whichever is larger, against licensees for each
23        violation  of any provision of the Act, any rules adopted
24        by the Board, any order of the Board or any other  action
25        which,  in  the  Board's  discretion,  is  a detriment or
26        impediment to riverboat gambling operations.
27             (16)  To  hire  employees  to  gather   information,
28        conduct  investigations  and  carry  out  any other tasks
29        contemplated under this Act.
30             (17)  To establish minimum levels of insurance to be
31        maintained by licensees.
32             (18)  To authorize  a  licensee  to  sell  or  serve
33        alcoholic  liquors, wine or beer as defined in the Liquor
34        Control Act of 1934 on board  a  riverboat  and  to  have
 
                            -92-     LRB093 02212 LRD 15799 a
 1        exclusive  authority  to establish the hours for sale and
 2        consumption of alcoholic liquor  on  board  a  riverboat,
 3        notwithstanding  any  provision of the Liquor Control Act
 4        of 1934 or any local ordinance, and regardless of whether
 5        the riverboat makes excursions.  The establishment of the
 6        hours for sale and consumption  of  alcoholic  liquor  on
 7        board  a  riverboat is an exclusive power and function of
 8        the State.  A home rule unit may not establish the  hours
 9        for  sale  and consumption of alcoholic liquor on board a
10        riverboat.  This subdivision (18) amendatory Act of  1991
11        is  a  denial  and  limitation  of  home  rule powers and
12        functions under subsection (h) of Section  6  of  Article
13        VII of the Illinois Constitution.
14             (19)  After consultation with the U.S. Army Corps of
15        Engineers, to establish binding emergency orders upon the
16        concurrence  of  a  majority  of the members of the Board
17        regarding  the  navigability  of   water,   relative   to
18        excursions,  in  the event of extreme weather conditions,
19        acts of God or other extreme circumstances.
20             (20)  To delegate the execution of any of its powers
21        under this Act  for  the  purpose  of  administering  and
22        enforcing   this   Act  and  its  rules  and  regulations
23        hereunder.
24             (21)  To  make  rules  concerning  the  conduct   of
25        electronic gaming.
26             (22)  (21)  To  take  any  other  action  as  may be
27        reasonable or appropriate to enforce this Act  and  rules
28        and regulations hereunder.
29        (d)  The Board may seek and shall receive the cooperation
30    of  the  Department  of State Police in conducting background
31    investigations  of   applicants   and   in   fulfilling   its
32    responsibilities  under  this Section.  Costs incurred by the
33    Department of State Police as a result  of  such  cooperation
34    shall   be   paid  by  the  Board  in  conformance  with  the
 
                            -93-     LRB093 02212 LRD 15799 a
 1    requirements of Section 2605-400 of the Department  of  State
 2    Police Law (20 ILCS 2605/2605-400).
 3        (e)  The Board must authorize to each investigator and to
 4    any  other  employee  of the Board exercising the powers of a
 5    peace officer a distinct badge that, on its face, (i) clearly
 6    states that the badge is authorized by  the  Board  and  (ii)
 7    contains  a  unique identifying number.  No other badge shall
 8    be authorized by the Board.
 9    (Source:  P.A.  91-40,  eff.  1-1-00;  91-239,  eff.  1-1-00;
10    91-883, eff. 1-1-01.)

11        (230 ILCS 10/7) (from Ch. 120, par. 2407)
12        Sec. 7.  Owners Licenses.
13        (a)  The Board shall issue owners  licenses  to  persons,
14    firms  or  corporations  which  apply  for such licenses upon
15    payment to the Board of the non-refundable license fee set by
16    the Board, upon payment of a  $25,000  license  fee  for  the
17    first  year  of  operation  and a $5,000 license fee for each
18    succeeding year and upon a determination by  the  Board  that
19    the  applicant is eligible for an owners  license pursuant to
20    this Act and the rules of  the  Board.   A  person,  firm  or
21    corporation is ineligible to receive an owners license if:
22             (1)  the person has been convicted of a felony under
23        the  laws  of  this State, any other state, or the United
24        States;
25             (2)  the person has been convicted of any  violation
26        of   Article   28  of  the  Criminal  Code  of  1961,  or
27        substantially similar laws of any other jurisdiction;
28             (3)  the person has submitted an application  for  a
29        license under this Act which contains false information;
30             (4)  the person is a member of the Board;
31             (5)  a  person defined in (1), (2), (3) or (4) is an
32        officer, director or managerial employee of the  firm  or
33        corporation;
 
                            -94-     LRB093 02212 LRD 15799 a
 1             (6)  the   firm  or  corporation  employs  a  person
 2        defined in (1), (2), (3) or (4) who participates  in  the
 3        management or operation of gambling operations authorized
 4        under this Act;
 5             (7)  (blank); or
 6             (8)  a  license  of  the person, firm or corporation
 7        issued under this Act, or a license  to  own  or  operate
 8        gambling  facilities  in any other jurisdiction, has been
 9        revoked.
10        (b)  In determining whether to grant an owners license to
11    an applicant, the Board shall consider:
12             (1)  the  character,  reputation,  experience    and
13        financial integrity of the applicants and of any other or
14        separate person that either:
15                  (A)  controls,  directly  or  indirectly,  such
16             applicant, or
17                  (B)  is  controlled, directly or indirectly, by
18             such  applicant  or  by  a  person  which  controls,
19             directly or indirectly, such applicant;
20             (2)  the facilities or proposed facilities  for  the
21        conduct of riverboat gambling;
22             (3)  the  highest  prospective  total  revenue to be
23        derived by  the  State  from  the  conduct  of  riverboat
24        gambling;
25             (4)  the  good faith affirmative action plan of each
26        applicant to recruit, train and upgrade minorities in all
27        employment classifications;
28             (5)  the  financial  ability  of  the  applicant  to
29        purchase and maintain  adequate  liability  and  casualty
30        insurance;
31             (6)  whether     the    applicant    has    adequate
32        capitalization to provide and maintain, for the  duration
33        of a license, a riverboat; and
34             (7)  the  extent  to  which the applicant exceeds or
 
                            -95-     LRB093 02212 LRD 15799 a
 1        meets other standards  for  the  issuance  of  an  owners
 2        license which the Board may adopt by rule.
 3        (c)  Each  owners  license  shall specify the place where
 4    riverboats shall operate and dock.
 5        (d)  Each applicant shall submit with his application, on
 6    forms provided by the Board, 2 sets of his fingerprints.
 7        (e)  The Board may issue up to  10  licenses  authorizing
 8    the  holders  of  such  licenses  to  own riverboats.  In the
 9    application for an owners license, the applicant shall  state
10    the  dock  at  which  the riverboat is based and the water on
11    which the riverboat will be located.  The Board shall issue 5
12    licenses to become effective  not  earlier  than  January  1,
13    1991.   Three  of  such  licenses  shall  authorize riverboat
14    gambling  on  the  Mississippi  River,  one  of  which  shall
15    authorize riverboat gambling from a home dock in the city  of
16    East  St.  Louis,  and one of which shall authorize riverboat
17    gambling on the Mississippi River or in a  municipality  that
18    (1)  borders on the Mississippi River or is within 5 miles of
19    the city  limits  of  a  municipality  that  borders  on  the
20    Mississippi  River  and  (2)  on  the  effective date of this
21    amendatory Act of the 92nd General Assembly has  a  riverboat
22    conducting   riverboat  gambling  operations  pursuant  to  a
23    license issued under this  Act.    One  other  license  shall
24    authorize  riverboat  gambling on the Illinois River south of
25    Marshall  County.   The  Board  shall  issue  one  additional
26    license to become effective not earlier than March  1,  1992,
27    which  shall  authorize riverboat gambling on the Des Plaines
28    River in Will County.   The  Board  may  issue  4  additional
29    licenses  to become effective not earlier than March 1, 1992.
30    In determining the water upon which riverboats will  operate,
31    the Board shall consider the economic benefit which riverboat
32    gambling  confers on the State, and shall seek to assure that
33    all regions of the State share in the  economic  benefits  of
34    riverboat gambling.
 
                            -96-     LRB093 02212 LRD 15799 a
 1        In  granting  all  licenses, the Board may give favorable
 2    consideration to economically depressed areas of  the  State,
 3    to  applicants presenting plans which provide for significant
 4    economic development over a large  geographic  area,  and  to
 5    applicants  who  currently operate non-gambling riverboats in
 6    Illinois.  The Board shall review all applications for owners
 7    licenses, and shall inform  each  applicant  of  the  Board's
 8    decision.
 9        The  Board  may  revoke  the owners license of a licensee
10    which fails to begin conducting gambling within 15 months  of
11    receipt  of  the  Board's  approval of the application if the
12    Board determines that  license  revocation  is  in  the  best
13    interests of the State.
14        (f)  The  first  10 owners licenses issued under this Act
15    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
19    during which they are authorized to own riverboats.
20        (g)  Upon  the  termination, expiration, or revocation of
21    each of the first 10 licenses, which shall be issued for a  3
22    year period, all licenses are renewable annually upon payment
23    of the fee and a determination by the Board that the licensee
24    continues to meet all of the requirements of this Act and the
25    Board's rules.  However, for licenses renewed on or after May
26    1, 1998, renewal shall be for a period of 4 years, unless the
27    Board sets a shorter period.
28        (h)  An  owners license shall entitle the licensee to own
29    up to 2 riverboats and operate up to 2,000 gaming  positions.
30    In  addition  to  the  2,000 gaming positions authorized by a
31    licensee's owners license,  a  licensee  may  operate  gaming
32    positions  that  it  acquires  pursuant  to  the  competitive
33    bidding  process  established  under  this subsection (h).  A
34    licensee may operate both  of  its  riverboats  concurrently,
 
                            -97-     LRB093 02212 LRD 15799 a
 1    provided  that  the  total number of gaming positions on both
 2    riverboats does not exceed 2,000 plus the  number  of  gaming
 3    positions  it receives under the competitive bidding process.
 4    For each 4-year license period, a licensee shall  certify  to
 5    the  Board  the  total number of gaming positions it will use
 6    during the license period.  If a licensee certifies  that  it
 7    will  use  a  given  number  of  gaming  positions during its
 8    license period and, in the Board's  determination,  fails  to
 9    use  some  or  all of those gaming positions, then the unused
10    gaming positions shall become the property of the Board.   If
11    a licensee certifies that it will use fewer than 2,000 gaming
12    positions,  then  the  authorized but unused gaming positions
13    shall become the property of  the  Board.   The  Board  shall
14    establish,  by  rule, a method for licensees to competitively
15    bid for the right to use gaming  positions  that  become  the
16    property  of the Board under this subsection (h).  A licensee
17    may not  bid  for  additional  gaming  positions  under  this
18    subsection  (h)  unless  it  uses  all 2,000 gaming positions
19    authorized by its license.
20        An owners licensee that is authorized to admit in  excess
21    of  1,200  participants under this subsection (h) may conduct
22    riverboat  gambling  operations  from  a  temporary  facility
23    pending the construction  of  a  permanent  facility  or  the
24    remodeling  of  an  existing  facility  to  accommodate those
25    additional participants for up to 12 months  after  receiving
26    the  authority  to admit additional participants.  The number
27    of participants who  may  be  present  at  such  a  temporary
28    facility   at   one   time  may  not  exceed  the  number  of
29    participants the licensee is authorized to admit in excess of
30    1,200.  The Board shall make rules concerning the conduct  of
31    gambling  from  temporary facilities.  A licensee shall limit
32    the number of gambling participants to  1,200  for  any  such
33    owners license. A licensee may operate both of its riverboats
34    concurrently,  provided  that  the  total  number of gambling
 
                            -98-     LRB093 02212 LRD 15799 a
 1    participants  on  both  riverboats  does  not  exceed  1,200.
 2    Riverboats licensed to operate on the Mississippi  River  and
 3    the  Illinois  River  south  of Marshall County shall have an
 4    authorized capacity of  at  least  500  persons.   Any  other
 5    riverboat  licensed  under  this Act shall have an authorized
 6    capacity of at least 400 persons.
 7        (i)  A licensed owner is authorized to apply to the Board
 8    for and, if approved therefor, to receive all  licenses  from
 9    the  Board  necessary  for  the  operation  of  a  riverboat,
10    including  a  liquor  license, a license to prepare and serve
11    food for human consumption,  and  other  necessary  licenses.
12    All  use, occupation and excise taxes which apply to the sale
13    of food and beverages in this State and all taxes imposed  on
14    the  sale  or use of tangible personal property apply to such
15    sales aboard the riverboat.
16        (j)  The  Board  may  issue  a  license   authorizing   a
17    riverboat  to  dock in a municipality or approve a relocation
18    under Section 11.2 only if, prior  to  the  issuance  of  the
19    license  or  approval, the governing body of the municipality
20    in which the riverboat will  dock  has  by  a  majority  vote
21    approved  the docking of riverboats in the municipality.  The
22    Board may issue a license authorizing a riverboat to dock  in
23    areas  of  a  county  outside  any  municipality or approve a
24    relocation under Section 11.2 only if, prior to the  issuance
25    of  the license or approval, the governing body of the county
26    has by a majority vote approved of the docking of  riverboats
27    within such areas.
28    (Source: P.A. 91-40, eff. 6-25-99; 92-600, eff. 6-28-02.)

29        (230 ILCS 10/7.4 new)
30        Sec. 7.4.  Electronic gaming.
31        (a)  The General Assembly finds that the horse racing and
32    riverboat  gambling  industries  share  many similarities and
33    collectively  comprise  the  bulk  of  the   State's   gaming
 
                            -99-     LRB093 02212 LRD 15799 a
 1    industry.  One  feature  in common to both industries is that
 2    each is highly regulated by the State of Illinois.
 3        The General Assembly further finds, however, that despite
 4    their shared features each  industry  is  distinct  from  the
 5    other  in that horse racing is and continues to be intimately
 6    tied to Illinois' agricultural economy and is, at its core, a
 7    spectator  sport.  This  distinction  requires  the   General
 8    Assembly to utilize different methods to regulate and promote
 9    the horse racing industry throughout the State.
10        The  General Assembly finds that in order to promote live
11    horse racing  as  a  spectator  sport  in  Illinois  and  the
12    agricultural  economy of this State, it is necessary to allow
13    electronic gaming at Illinois race tracks given  the  success
14    of  other states in increasing live racing purse accounts and
15    improving the quality of horses participating in  horse  race
16    meetings.
17        The General Assembly finds, however, that even though the
18    authority  to conduct electronic gaming is a uniform means to
19    improve live horse racing in this  State,  electronic  gaming
20    must  be  regulated  and  implemented differently in southern
21    Illinois versus the Chicago area. The General Assembly  finds
22    that  Fairmount  Park  is  the only race track operating on a
23    year round basis in southern Illinois that offers live racing
24    and for that matter only conducts live  thoroughbred  racing.
25    The  General Assembly finds that the current state of affairs
26    deprives spectators and  standardbred  horsemen  residing  in
27    southern  Illinois  of the opportunity to participate in live
28    standardbred  racing  in  a  manner  similar  to  spectators,
29    thoroughbred horsemen, and standardbred horsemen residing  in
30    the Chicago area. The General Assembly declares that southern
31    Illinois spectators and standardbred horsemen are entitled to
32    have   a   similar   opportunity   to   participate  in  live
33    standardbred racing as spectators in the  Chicago  area.  The
34    General  Assembly  declares  that  in  order  to  remove this
 
                            -100-    LRB093 02212 LRD 15799 a
 1    disparity between southern Illinois and the Chicago area,  it
 2    is  necessary  for  the  State  to  regulate  Fairmount  Park
 3    differently  from horse race tracks found in the Chicago area
 4    and tie Fairmount Park's authorization to conduct  electronic
 5    gaming  to  a  commitment  to  conduct  at  least 100 days of
 6    standardbred racing as set forth in subsection  (d)  of  this
 7    Section.
 8        (b)  The Illinois Gaming Board shall award one electronic
 9    gaming  license  to become effective on or after July 1, 2003
10    to each organization licensee under the Illinois Horse Racing
11    Act  of  1975,  subject  to   application   and   eligibility
12    requirements  of  this  Section. An electronic gaming license
13    shall authorize its holder to conduct  electronic  gaming  at
14    its race track at the following times:
15             (1)  on  days  when  it  conducts live racing at the
16        track where its electronic  gaming  facility  is  located
17        from  the  time  the  first race of the day at that track
18        begins until the end of the final race of the day at that
19        race track; and
20             (2)  on days when it conducts simulcast wagering  on
21        races  run  in  the  United States from the time it first
22        receives the simulcast signal until  one  hour  after  it
23        stops  receiving  the  simulcast  signal.   A  license to
24        conduct limited gaming  and  any  renewal  of  a  limited
25        owners  license  shall  authorize  limited  gaming  for a
26        period of 4 years.
27        (c)  To be eligible  to  conduct  electronic  gaming,  an
28    organization  licensee  must  (i) obtain an electronic gaming
29    license, (ii) hold an organization license under the Illinois
30    Horse Racing Act of 1975, (iii) hold an inter-track  wagering
31    license,  (iv)  pay  a fee of $25,000 ($12,500 in the case of
32    Fairmount Race Track and Balmoral Race Track) for each person
33    it  is  authorized  to  admit  before  beginning  to  conduct
34    electronic gaming and an additional fee of  $25,000  ($12,500
 
                            -101-    LRB093 02212 LRD 15799 a
 1    in  the case of Fairmount Race Track and Balmoral Race Track)
 2    for each person it is authorized to admit no  later  than  12
 3    months  after  the  date it first conducts electronic gaming,
 4    (v)  apply  for  at  least  the  same  number  of   days   of
 5    thoroughbred  racing  or  standardbred racing or both, as the
 6    case may be, as it was awarded in  calendar  year  2003,  and
 7    (vi)  meet  all  other requirements of this Act that apply to
 8    owners licensees.
 9        With respect to the live racing requirement described  in
10    this  subsection,  an  organization licensee must conduct the
11    same number of days of thoroughbred or standardbred racing or
12    both, as the case may be, as it was  awarded  by  the  Board,
13    unless  a lesser schedule of live racing is the result of (A)
14    weather or unsafe track conditions due to acts of God or  (B)
15    a   strike   between   the   organization  licensee  and  the
16    associations  representing  the  largest  number  of  owners,
17    trainers, jockeys, or standardbred drivers who race horse  at
18    that organization licensee's racing meeting.
19        (d)  In addition to the other eligibility requirements of
20    subsection  (c),  an  organization  licensee  that  holds  an
21    electronic   gaming   license   authorizing   it  to  conduct
22    electronic gaming  at  Fairmount  Park  must  apply  for  and
23    conduct  at least 100 days of standardbred racing in calendar
24    year 2004 and thereafter, unless a lesser  schedule  of  live
25    racing   is  the  result  of  (A)  weather  or  unsafe  track
26    conditions due to acts of God or (B)  a  strike  between  the
27    organization  licensee  and the associations representing the
28    largest number of owners, trainers, jockeys, or  standardbred
29    drivers  who  race  horses  at  that  organization licensee's
30    racing meeting.
31        (e)  The Board may  approve  electronic  gaming  licenses
32    authorizing  the  conduct  of  electronic  gaming by eligible
33    organization licensees.
34        (f)  In calendar year 2003, the Board may approve  up  to
 
                            -102-    LRB093 02212 LRD 15799 a
 1    3,200  aggregate  gambling participants statewide as provided
 2    in this Section. The authority to  admit  participants  under
 3    this  Section  in  calendar  year  2003 shall be allocated as
 4    follows:
 5             (1)  The   organization   licensee   operating    at
 6        Arlington  Park  Race Course may admit up to 1,000 gaming
 7        participants at a time;
 8             (2)  The   organization   licensees   operating   at
 9        Hawthorne  Race  Course,   including   the   organization
10        licensee  formerly  operating  at  Sportsman's  Park, may
11        collectively admit up to 900  gaming  participants  at  a
12        time;
13             (3)  The organization licensee operating at Balmoral
14        Park may admit up to 300 gaming participants at a time;
15             (4)  The  organization licensee operating at Maywood
16        Park may admit up to 700 gaming participants at  a  time;
17        and
18             (5)  The    organization   licensee   operating   at
19        Fairmount Park may admit up to 300 gaming participants at
20        a time.
21        (g)  For each  calendar  year  after  2003  in  which  an
22    electronic  gaming  licensee requests a number of racing days
23    under its organization license that is less than 90%  of  the
24    number  of  days  of  live racing it was awarded in 2003, the
25    electronic gaming licensee may not conduct electronic gaming.
26        (h)  Upon renewal of an electronic gaming license, if  an
27    electronic  gaming  licensee  had a higher average daily live
28    handle in the term of its previous electronic gaming  license
29    than  in  2003,  then  the  number  of  participants that the
30    electronic gaming licensee may admit  after  its  license  is
31    renewed  shall  be  increased  by  a  percentage equal to the
32    percentage increase in average daily live handle during  that
33    previous  license  term  over  calendar  year 2003, but in no
34    event by more than 10%.  If an electronic gaming  license  is
 
                            -103-    LRB093 02212 LRD 15799 a
 1    authorized   to  admit  additional  participants  under  this
 2    subsection (b), it must pay the fee imposed under  item  (iv)
 3    of subsection (c) for each additional participant.
 4        (i)     An   electronic   gaming   licensee  may  conduct
 5    electronic   gaming  at  a  temporary  facility  pending  the
 6    construction of a permanent facility or the remodeling of  an
 7    existing    facility   to   accommodate   electronic   gaming
 8    participants  for  up  to  12  months  after   receiving   an
 9    electronic   gaming  license.  The  Board  shall  make  rules
10    concerning the conduct of electronic  gaming  from  temporary
11    facilities.

12        (230 ILCS 10/8) (from Ch. 120, par. 2408)
13        Sec. 8.  Suppliers licenses.
14        (a)  The  Board  may  issue  a  suppliers license to such
15    persons, firms or corporations which apply therefor upon  the
16    payment of a non-refundable application fee set by the Board,
17    upon  a  determination  by  the  Board  that the applicant is
18    eligible for a suppliers license and upon payment of a $5,000
19    annual license fee.
20        (b)  The holder of a suppliers license is  authorized  to
21    sell  or  lease,  and  to contract to sell or lease, gambling
22    equipment and  supplies  to  any  licensee  involved  in  the
23    ownership or management of gambling operations.
24        (c)  Gambling   supplies   and   equipment   may  not  be
25    distributed  unless  supplies  and   equipment   conform   to
26    standards adopted by rules of the Board.
27        (d)  A  person,  firm  or  corporation  is  ineligible to
28    receive a suppliers license if:
29             (1)  the person has been convicted of a felony under
30        the laws of this State, any other state,  or  the  United
31        States;
32             (2)  the  person has been convicted of any violation
33        of  Article  28  of  the  Criminal  Code  of   1961,   or
 
                            -104-    LRB093 02212 LRD 15799 a
 1        substantially similar laws of any other jurisdiction;
 2             (3)  the  person  has submitted an application for a
 3        license under this Act which contains false information;
 4             (4)  the person is a member of the Board;
 5             (5)  the firm or  corporation  is  one  in  which  a
 6        person  defined  in  (1), (2), (3) or (4), is an officer,
 7        director or managerial employee;
 8             (6)  the firm or corporation  employs a  person  who
 9        participates  in the management or operation of riverboat
10        gambling authorized under this Act;
11             (7)  the license of the person, firm or  corporation
12        issued  under  this  Act,  or a license to own or operate
13        gambling facilities in any other jurisdiction,  has  been
14        revoked.
15        (e)  Any  person that supplies any equipment, devices, or
16    supplies  to  a  licensed  riverboat  gambling  operation  or
17    electronic gaming operation must  first  obtain  a  suppliers
18    license.  A supplier shall furnish to the Board a list of all
19    equipment,  devices and supplies offered for sale or lease in
20    connection with gambling games authorized under this  Act.  A
21    supplier  shall  keep books and records for the furnishing of
22    equipment,  devices  and  supplies  to  gambling   operations
23    separate  and  distinct  from  any  other  business  that the
24    supplier might operate.  A supplier shall  file  a  quarterly
25    return  with  the  Board  listing  all  sales  and  leases. A
26    supplier  shall  permanently  affix  its  name  to  all   its
27    equipment, devices, and supplies for gambling operations. Any
28    supplier's  equipment,  devices or supplies which are used by
29    any person in an unauthorized  gambling  operation  shall  be
30    forfeited  to the State.  A holder of an owners license or an
31    electronic gaming license licensed  owner  may  own  its  own
32    equipment,  devices  and  supplies.  Each holder of an owners
33    license or an electronic gaming license under the  Act  shall
34    file  an  annual  report  listing its inventories of gambling
 
                            -105-    LRB093 02212 LRD 15799 a
 1    equipment, devices and supplies.
 2        (f)  Any person who knowingly makes a false statement  on
 3    an application is guilty of a Class A misdemeanor.
 4        (g)  Any   gambling   equipment,   devices  and  supplies
 5    provided by any licensed supplier may either be  repaired  on
 6    the  riverboat  or electronic gaming facility or removed from
 7    the riverboat or electronic gaming facility to a an  on-shore
 8    facility  owned  by  the  holder  of  an  owners  license  or
 9    electronic gaming license for repair.
10    (Source: P.A. 86-1029; 87-826.)

11        (230 ILCS 10/9) (from Ch. 120, par. 2409)
12        Sec. 9.  Occupational licenses.
13        (a)  The  Board  may  issue an occupational license to an
14    applicant upon the payment of a non-refundable fee set by the
15    Board, upon a determination by the Board that  the  applicant
16    is  eligible  for an occupational license and upon payment of
17    an annual license fee in an amount to be established.  To  be
18    eligible for an occupational license, an applicant must:
19             (1)  be  at  least  21 years of age if the applicant
20        will perform any function involved in gaming by  patrons.
21        Any  applicant  seeking  an  occupational  license  for a
22        non-gaming function shall be at least 18 years of age;
23             (2)  not have been convicted of a felony offense,  a
24        violation  of Article 28 of the Criminal Code of 1961, or
25        a similar statute of any other jurisdiction, or  a  crime
26        involving dishonesty or moral turpitude;
27             (3)  have demonstrated a level of skill or knowledge
28        which  the  Board  determines to be necessary in order to
29        operate gambling aboard a riverboat or at  an  electronic
30        gaming facility; and
31             (4)  have  met  standards  for  the  holding  of  an
32        occupational  license  as  adopted by rules of the Board.
33        Such rules  shall  provide  that  any  person  or  entity
 
                            -106-    LRB093 02212 LRD 15799 a
 1        seeking   an  occupational  license  to  manage  gambling
 2        operations  hereunder  shall  be  subject  to  background
 3        inquiries  and  further  requirements  similar  to  those
 4        required   of   applicants   for   an   owners   license.
 5        Furthermore, such rules  shall  provide  that  each  such
 6        entity  shall  be permitted to manage gambling operations
 7        for only one licensed owner.
 8        (b)  Each application for an occupational  license  shall
 9    be  on  forms  prescribed  by the Board and shall contain all
10    information required by the Board.  The applicant  shall  set
11    forth  in  the application:  whether he has been issued prior
12    gambling related licenses; whether he has  been  licensed  in
13    any  other  state under any other name, and, if so, such name
14    and his age; and whether or not a permit or license issued to
15    him in any other state  has  been  suspended,  restricted  or
16    revoked, and, if so, for what period of time.
17        (c)  Each applicant shall submit with his application, on
18    forms  provided by the Board, 2 sets of his fingerprints. The
19    Board shall charge each applicant a fee set by the Department
20    of State Police to  defray  the  costs  associated  with  the
21    search  and  classification  of  fingerprints obtained by the
22    Board with respect to  the  applicant's  application.   These
23    fees shall be paid into the State Police Services Fund.
24        (d)  The   Board   may   in   its  discretion  refuse  an
25    occupational license to any person: (1) who is unqualified to
26    perform the duties required of such applicant; (2) who  fails
27    to  disclose  or states falsely any information called for in
28    the application; (3) who has been found guilty of a violation
29    of this Act  or  whose  prior  gambling  related  license  or
30    application  therefor has been suspended, restricted, revoked
31    or denied for just cause in any other state; or (4)  for  any
32    other just cause.
33        (e)  The  Board  may  suspend,  revoke  or  restrict  any
34    occupational  licensee: (1) for violation of any provision of
 
                            -107-    LRB093 02212 LRD 15799 a
 1    this  Act;  (2)  for  violation  of  any  of  the  rules  and
 2    regulations of the Board; (3) for any cause which,  if  known
 3    to  the  Board,  would  have  disqualified the applicant from
 4    receiving such license; or (4) for default in the payment  of
 5    any  obligation  or debt due to the State of Illinois; or (5)
 6    for any other just cause.
 7        (f)  A person who knowingly makes a false statement on an
 8    application is guilty of a Class A misdemeanor.
 9        (g)  Any license issued pursuant to this Section shall be
10    valid for a period of one year from the date of issuance.
11        (h)  Nothing in this Act shall be interpreted to prohibit
12    a licensed owner or electronic gaming licensee from  entering
13    into  an  agreement  with a school approved under the Private
14    Business and Vocational Schools Act for the training  of  any
15    occupational licensee.  Any training offered by such a school
16    shall  be  in accordance with a written agreement between the
17    licensed owner or electronic gaming licensee and the school.
18        (i)  Any training provided for occupational licensees may
19    be conducted either at the site of the gambling  facility  on
20    the  riverboat  or at a school with which a licensed owner or
21    electronic gaming licensee  has  entered  into  an  agreement
22    pursuant to subsection (h).
23    (Source: P.A. 86-1029; 87-826.)

24        (230 ILCS 10/11) (from Ch. 120, par. 2411)
25        Sec.  11.  Conduct of gambling. Gambling may be conducted
26    by licensed owners aboard riverboats. If  authorized  by  the
27    Board  by  rule, an owners licensee may move up to 15% of its
28    slot machines from its riverboats to its home  dock  facility
29    and  use  those  slot  machines to conduct gambling, provided
30    that the slot  machines  are  located  in  an  area  that  is
31    accessible  only  to persons who are at least 21 years of age
32    and provided that the admission tax imposed under Section  12
33    has  been  paid  for all persons who use those slot machines.
 
                            -108-    LRB093 02212 LRD 15799 a
 1    Gambling may be conducted by electronic gaming  licensees  at
 2    limited  gaming  facilities.  Gambling  authorized under this
 3    Section shall be, subject to the following standards:
 4             (1)  A  licensee  may  conduct  riverboat   gambling
 5        authorized  under  this  Act  regardless  of  whether  it
 6        conducts  excursion  cruises.   A licensee may permit the
 7        continuous ingress  and  egress  of  passengers  for  the
 8        purpose of gambling.
 9             (2)  (Blank).
10             (3)  Minimum  and  maximum  wagers on games shall be
11        set by the licensee.
12             (4)  Agents of the Board and the Department of State
13        Police may board and inspect any riverboat or  enter  and
14        inspect  any  portion  of  an  electronic gaming facility
15        where electronic gaming is conducted at any time for  the
16        purpose of determining whether this Act is being complied
17        with.   Every riverboat, if under way and being hailed by
18        a law enforcement officer or agent  of  the  Board,  must
19        stop immediately and lay to.
20             (5)  Employees  of the Board shall have the right to
21        be present on the riverboat  or  on  adjacent  facilities
22        under  the  control of the licensee and at the electronic
23        gaming facility  under  the  control  of  the  electronic
24        gaming licensee.
25             (6)  Gambling  equipment  and  supplies  customarily
26        used  in  conducting  riverboat  gambling  or  electronic
27        gaming  must  be  purchased or leased only from suppliers
28        licensed for such purpose under this Act.
29             (7)  Persons licensed under this Act shall permit no
30        form of wagering on gambling games except as permitted by
31        this Act.
32             (8)  Wagers may  be  received  only  from  a  person
33        present  on  a  licensed  riverboat  or  at an electronic
34        gaming  facility.   No  person  present  on  a   licensed
 
                            -109-    LRB093 02212 LRD 15799 a
 1        riverboat or at an electronic gaming facility shall place
 2        or  attempt  to place a wager on behalf of another person
 3        who is not present on the riverboat or at the  electronic
 4        gaming facility.
 5             (9)  Wagering,  including  electronic  gaming, shall
 6        not be conducted with money or other negotiable currency.
 7             (10)  A person under age 21 shall not  be  permitted
 8        on  an  area  of  a  riverboat  where  gambling  is being
 9        conducted or  at  an  electronic  gaming  facility  where
10        gambling is being conducted, except for a person at least
11        18  years  of  age  who  is  an employee of the riverboat
12        gambling operation or electronic  gaming  operation.   No
13        employee under age 21 shall perform any function involved
14        in  gambling by the patrons. No person under age 21 shall
15        be permitted to make a wager under this Act.
16             (11)  Gambling excursion cruises are permitted  only
17        when  the waterway for which the riverboat is licensed is
18        navigable, as determined by  the  Board  in  consultation
19        with  the  U.S.  Army  Corps of Engineers. This paragraph
20        (11) does not limit the ability of a licensee to  conduct
21        gambling   authorized   under   this  Act  when  gambling
22        excursion cruises are not permitted.
23             (12)  All tokens, chips or electronic cards used  to
24        make  wagers must be purchased (i) from a licensed owner,
25        in the case of a riverboat, either aboard the a riverboat
26        or at an onshore facility which has been approved by  the
27        Board  and  which is located where the riverboat docks or
28        (ii) from an electronic gaming licensee at the electronic
29        gaming facility. The tokens, chips  or  electronic  cards
30        may be purchased by means of an agreement under which the
31        owner  extends  credit to the patron.  Such tokens, chips
32        or  electronic  cards  may  be  used  while  aboard   the
33        riverboat  or  at the electronic gaming facility only for
34        the purpose of making wagers on gambling games.
 
                            -110-    LRB093 02212 LRD 15799 a
 1             (13)  Notwithstanding any other Section of this Act,
 2        in addition to the other licenses authorized  under  this
 3        Act,  the Board may issue special event licenses allowing
 4        persons  who  are  not  otherwise  licensed  to   conduct
 5        riverboat   gambling   to  conduct  such  gambling  on  a
 6        specified date or series of  dates.   Riverboat  gambling
 7        under  such  a  license may take place on a riverboat not
 8        normally used for riverboat gambling.   The  Board  shall
 9        establish  standards, fees and fines for, and limitations
10        upon, such licenses, which may differ from the standards,
11        fees, fines and limitations  otherwise  applicable  under
12        this  Act.   All  such  fees  shall be deposited into the
13        State Gaming Fund.  All such  fines  shall  be  deposited
14        into the Education Assistance Fund, created by Public Act
15        86-0018, of the State of Illinois.
16             (14)  In  addition  to  the  above, gambling must be
17        conducted in accordance with all  rules  adopted  by  the
18        Board.
19    (Source: P.A. 91-40, eff. 6-25-99.)

20        (230 ILCS 10/11.1) (from Ch. 120, par. 2411.1)
21        Sec.  11.1.   Collection  of  amounts  owing under credit
22    agreements.    Notwithstanding   any   applicable   statutory
23    provision  to  the  contrary,  a licensed owner or electronic
24    gaming licensee who extends credit to  a  riverboat  gambling
25    patron  pursuant  to  Section  11  (a)  (12)  of  this Act is
26    expressly authorized  to  institute  a  cause  of  action  to
27    collect  any  amounts  due  and  owing under the extension of
28    credit, as well as the owner's costs, expenses and reasonable
29    attorney's fees incurred in collection.
30    (Source: P.A. 86-1029; 86-1389; 87-826.)

31        (230 ILCS 10/12) (from Ch. 120, par. 2412)
32        Sec. 12. Admission tax; fees.
 
                            -111-    LRB093 02212 LRD 15799 a
 1        (a)  A tax is hereby imposed upon admissions to riverboat
 2    gambling facilities authorized pursuant to this  Act.   Until
 3    July  1,  2002,  the  rate  is  $2 per person admitted.  From
 4    Beginning July 1, 2002  until  the  effective  date  of  this
 5    amendatory  Act  of the 93rd General Assembly, the rate is $3
 6    per person admitted.  Beginning on the effective date of this
 7    amendatory Act, the rate is  $2  per  person  for  the  first
 8    1,500,000  persons admitted by a licensee per year and $3 per
 9    person for all persons admitted by that licensee in excess of
10    1,500,000 per year. This admission tax is  imposed  upon  the
11    licensed owner conducting gambling.
12             (1)  The  admission  tax  shall  be  paid  for  each
13        admission,  except  that  a  person who exits a riverboat
14        gambling facility and reenters  that  riverboat  gambling
15        facility  within  a reasonable time, as determined by the
16        Board by rule, shall  be  subject  only  to  the  initial
17        admission tax.
18             (2)  (Blank).
19             (3)  The   riverboat  licensee  may  issue  tax-free
20        passes to actual and necessary officials and employees of
21        the licensee or other persons  actually  working  on  the
22        riverboat.
23             (4)  The  number  and issuance of tax-free passes is
24        subject to the rules of the Board,  and  a  list  of  all
25        persons  to  whom the tax-free passes are issued shall be
26        filed with the Board.
27        (b)  From  the  tax  imposed  under  subsection  (a),   a
28    municipality  shall receive from the State $1 for each person
29    embarking on a riverboat docked within the municipality,  and
30    a  county  shall  receive  $1  for each person embarking on a
31    riverboat docked within the county but outside the boundaries
32    of any municipality.  The municipality's  or  county's  share
33    shall  be  collected  by the Board on behalf of the State and
34    remitted quarterly by the State, subject to appropriation, to
 
                            -112-    LRB093 02212 LRD 15799 a
 1    the treasurer of the unit of local government for deposit  in
 2    the general fund.
 3        (c)  The  licensed  owner  shall pay the entire admission
 4    tax  to  the  Board.  Such  payments  shall  be  made  daily.
 5    Accompanying each payment shall be a return on forms provided
 6    by the Board which shall include other information  regarding
 7    admissions  as  the  Board  may  require.   Failure to submit
 8    either the payment or the return within  the  specified  time
 9    may result in suspension or revocation of the owners license.
10        (d)  The Board shall administer and collect the admission
11    tax  imposed by this Section, to the extent practicable, in a
12    manner consistent with the provisions of Sections 4,  5,  5a,
13    5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9 and 10 of
14    the  Retailers'  Occupation  Tax  Act  and Section 3-7 of the
15    Uniform Penalty and Interest Act.
16    (Source: P.A. 91-40, eff. 6-25-99; 92-595, eff. 6-28-02.)

17        (230 ILCS 10/13) (from Ch. 120, par. 2413)
18        Sec. 13.  Wagering tax; rate; distribution.
19        (a)  Until January 1, 1998,  a  tax  is  imposed  on  the
20    adjusted   gross   receipts   received  from  gambling  games
21    authorized under this Act at the rate of 20%.
22        From January 1, 1998 until July 1, 2002, a privilege  tax
23    is  imposed  on persons engaged in the business of conducting
24    riverboat gambling operations, based on  the  adjusted  gross
25    receipts  received  by  a  licensed owner from gambling games
26    authorized under this Act at the following rates:
27             15% of annual adjusted  gross  receipts  up  to  and
28        including $25,000,000;
29             20%  of  annual adjusted gross receipts in excess of
30        $25,000,000 but not exceeding $50,000,000;
31             25% of annual adjusted gross receipts in  excess  of
32        $50,000,000 but not exceeding $75,000,000;
33             30%  of  annual adjusted gross receipts in excess of
 
                            -113-    LRB093 02212 LRD 15799 a
 1        $75,000,000 but not exceeding $100,000,000;
 2             35% of annual adjusted gross receipts in  excess  of
 3        $100,000,000.
 4        From  Beginning  July 1, 2002 until the effective date of
 5    this amendatory Act of the 93rd General Assembly, a privilege
 6    tax  is  imposed  on  persons  engaged  in  the  business  of
 7    conducting  riverboat  gambling  operations,  based  on   the
 8    adjusted  gross  receipts  received  by a licensed owner from
 9    gambling games authorized under this  Act  at  the  following
10    rates:
11             15%  of  annual  adjusted  gross  receipts up to and
12        including $25,000,000;
13             22.5% of annual adjusted gross receipts in excess of
14        $25,000,000 but not exceeding $50,000,000;
15             27.5% of annual adjusted gross receipts in excess of
16        $50,000,000 but not exceeding $75,000,000;
17             32.5% of annual adjusted gross receipts in excess of
18        $75,000,000 but not exceeding $100,000,000;
19             37.5% of annual adjusted gross receipts in excess of
20        $100,000,000 but not exceeding $150,000,000;
21             45% of annual adjusted gross receipts in  excess  of
22        $150,000,000 but not exceeding $200,000,000;
23             50%  of  annual adjusted gross receipts in excess of
24        $200,000,000.
25        Beginning on the effective date of this amendatory Act of
26    the 93rd General Assembly, a  privilege  tax  is  imposed  on
27    persons  engaged  in  the  business  of  conducting riverboat
28    gambling operations, based on  the  adjusted  gross  receipts
29    received  by  a licensed owner from gambling games authorized
30    under this Act, and on persons conducting electronic  gaming,
31    based   on   the  adjusted  gross  receipts  received  by  an
32    electronic gaming licensee from electronic gambling,  at  the
33    following rates:
34             15%  of  annual  adjusted  gross  receipts up to and
 
                            -114-    LRB093 02212 LRD 15799 a
 1        including $25,000,000;
 2             20% of annual adjusted gross receipts in  excess  of
 3        $25,000,000 but not exceeding $50,000,000;
 4             25%  of  annual adjusted gross receipts in excess of
 5        $50,000,000 but not exceeding $75,000,000;
 6             30% of annual adjusted gross receipts in  excess  of
 7        $75,000,000 but not exceeding $100,000,000;
 8             35%  of  annual adjusted gross receipts in excess of
 9        $100,000,000 but not exceeding $400,000,000;
10             40% of annual adjusted gross receipts in  excess  of
11        $400,000,000 but not exceeding $450,000,000;
12             45%  of  annual adjusted gross receipts in excess of
13        $450,000,000 but not exceeding $500,000,000;
14             50% of annual adjusted gross receipts in  excess  of
15        $500,000,000.
16        The  taxes  imposed  by this Section shall be paid by the
17    licensed owner or electronic gaming licensee to the Board not
18    later than 3:00 o'clock p.m. of the day after  the  day  when
19    the wagers were made.
20        (b)  Until  January  1,  1998,  25%  of  the  tax revenue
21    deposited in the State Gaming Fund under this  Section  shall
22    be paid, subject to appropriation by the General Assembly, to
23    the  unit of local government which is designated as the home
24    dock of the riverboat.  Except as otherwise provided in  this
25    subsection  (b),  beginning  January  1,  1998,  from the tax
26    revenue from riverboat gambling deposited in the State Gaming
27    Fund under this Section, an amount equal to  5%  of  adjusted
28    gross  receipts  generated  by  a  riverboat  shall  be  paid
29    monthly, subject to appropriation by the General Assembly, to
30    the  unit  of local government that is designated as the home
31    dock of the riverboat.
32        For calendar  year  2003  and  each  year  thereafter,  a
33    licensee  shall  not  pay  more  money  to  the unit of local
34    government that  is  designated  as  the  home  dock  of  its
 
                            -115-    LRB093 02212 LRD 15799 a
 1    riverboat than it paid in calendar year 2002.  In the case of
 2    an  owners  licensee  that  first begins conducting riverboat
 3    gambling operations on or after the effective  date  of  this
 4    amendatory  Act  of  the  93rd  General  Assembly,  the  term
 5    "calendar year 2002" as used in this subsection (b) means the
 6    owners  licensee's  first  full  year of conducting riverboat
 7    gambling operations.
 8        (b-5)  Beginning on the effective date of this amendatory
 9    Act of the 93rd General Assembly, from the tax  revenue  from
10    electronic  gaming deposited into the State Gaming Fund under
11    this Section, an amount equal to 1%  of  the  adjusted  gross
12    receipts  generated by an electronic gaming licensee shall be
13    paid monthly, subject to appropriation, to  the  municipality
14    in  which  the  electronic gaming facility is located.  If an
15    electronic  gaming  facility  is   not   located   within   a
16    municipality,  then  an  amount  equal  to 1% of the adjusted
17    gross receipts generated by the  electronic  gaming  licensee
18    shall  be  paid  monthly,  subject  to  appropriation, to the
19    county in which the electronic gaming facility is located.
20        (b-10)  Beginning  on  the   effective   date   of   this
21    amendatory  Act  of  the  93rd General Assembly, from the tax
22    revenue from  electronic  gaming  deposited  into  the  State
23    Gaming  Fund under this Section, an amount equal to 1% of the
24    adjusted gross receipts generated  by  an  electronic  gaming
25    licensee,  but in no event more than $25,000,000 in any year,
26    shall be paid monthly, subject  to  appropriation,  into  the
27    Intercity Development Fund.
28        (b-15)  Beginning   on   the   effective   date  of  this
29    amendatory Act  of  the  93rd  General  Assembly,  after  the
30    payments  required  under  subsections (b), (b-5), and (b-10)
31    have been made, the first $5,000,000 of tax  revenue  derived
32    from  electronic  gaming  shall  be paid to the Department of
33    Human Services to be used for compulsive gambling programs.
34        (c)  Appropriations, as approved by the General Assembly,
 
                            -116-    LRB093 02212 LRD 15799 a
 1    may be made from the State Gaming Fund to the  Department  of
 2    Revenue   and   the   Department  of  State  Police  for  the
 3    administration and enforcement of this Act.
 4        (c-5)  (Blank).  After  the   payments   required   under
 5    subsections  (b)  and  (c) have been made, an amount equal to
 6    15% of the adjusted gross receipts of a  riverboat  (1)  that
 7    relocates  pursuant  to  Section  11.2,  or  (2) for which an
 8    owners license is initially issued after the  effective  date
 9    of  this amendatory Act of 1999, whichever comes first, shall
10    be paid from the State Gaming  Fund  into  the  Horse  Racing
11    Equity Fund.
12        (c-10)  (Blank).  Each  year  the  General Assembly shall
13    appropriate from the General Revenue Fund  to  the  Education
14    Assistance  Fund  an amount equal to the amount paid into the
15    Horse Racing Equity Fund pursuant to subsection (c-5) in  the
16    prior calendar year.
17        (c-15)  After the payments required under subsections (b)
18    and,  (c), and (c-5) have been made, an amount equal to 2% of
19    the adjusted gross receipts of a riverboat (1) that relocates
20    pursuant to Section 11.2, or (2) for which an owners  license
21    is   initially  issued  after  the  effective  date  of  this
22    amendatory Act of 1999, whichever comes first, shall be paid,
23    subject to appropriation from the General Assembly, from  the
24    State  Gaming Fund to each home rule county with a population
25    of over 3,000,000 inhabitants for the  purpose  of  enhancing
26    the county's criminal justice system.
27        (c-20)  Each  year the General Assembly shall appropriate
28    from the General Revenue Fund  to  the  Education  Assistance
29    Fund  an  amount  equal  to the amount paid to each home rule
30    county  with  a  population  of  over  3,000,000  inhabitants
31    pursuant to subsection (c-15) in the prior calendar year.
32        (c-25)  After the  payments  required  under  subsections
33    (b), (c), (c-5) and (c-15) have been made, an amount equal to
34    2%  of  the  adjusted  gross receipts of a riverboat (1) that
 
                            -117-    LRB093 02212 LRD 15799 a
 1    relocates pursuant to Section  11.2,  or  (2)  for  which  an
 2    owners  license  is initially issued after the effective date
 3    of this amendatory Act of 1999, whichever comes first,  shall
 4    be   paid   from   the  State  Gaming  Fund  into  the  State
 5    Universities Athletic Capital Improvement Fund.
 6        (d)  From time to time,  the  Board  shall  transfer  the
 7    remainder  of  the  funds  generated  by  this  Act  into the
 8    Education Assistance Fund, created by Public Act 86-0018,  of
 9    the State of Illinois.
10        (e)  Nothing in this Act shall prohibit the unit of local
11    government  designated as the home dock of the riverboat from
12    entering into agreements with other units of local government
13    in this State or in other states to share its portion of  the
14    tax revenue.
15        (f)  To   the   extent   practicable,   the  Board  shall
16    administer and collect the wagering  taxes  imposed  by  this
17    Section  in  a  manner  consistent  with  the  provisions  of
18    Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
19    6c,  8,  9,  and  10 of the Retailers' Occupation Tax Act and
20    Section 3-7 of the Uniform Penalty and Interest Act.
21    (Source: P.A. 91-40, eff. 6-25-99; 92-595, eff. 6-28-02.)

22        (230 ILCS 10/13.2 new)
23        Sec. 13.2.  Licensee  assessment.  All  owners  licensees
24    licensed  to  conduct  riverboat  gambling  operations on the
25    effective date of this amendatory Act  of  the  93rd  General
26    Assembly  shall  be  required  to  pay an aggregate amount of
27    $130,000,000 to the Gaming Board by July 1, 2003.  The  Board
28    shall deposit all moneys received under this Section into the
29    State Gaming Fund.  Each owners licensee shall pay a pro rata
30    share based on its adjusted gross receipts from calendar year
31    2002 as determined by the Board.

32        (230 ILCS 10/14) (from Ch. 120, par. 2414)
 
                            -118-    LRB093 02212 LRD 15799 a
 1        Sec. 14.  Licensees - Records - Reports - Supervision.
 2        (a)  A  Licensed  owners  and electronic gaming licensees
 3    owner shall keep their his books and records so as to clearly
 4    show the following:
 5        (1)  The amount received daily from admission fees.
 6        (2)  The total amount of gross receipts.
 7        (3)  The total amount of the adjusted gross receipts.
 8        (b)  The Licensed owners and electronic gaming  licensees
 9    owner  shall  furnish to the Board reports and information as
10    the Board may require with respect to its activities on forms
11    designed and supplied for such purpose by the Board.
12        (c)  The books and records kept by a  licensed  owner  or
13    electronic  gaming  licensee  as provided by this Section are
14    public  records  and  the   examination,   publication,   and
15    dissemination  of  the  books and records are governed by the
16    provisions of The Freedom of Information Act.
17    (Source: P.A. 86-1029.)

18        (230 ILCS 10/18) (from Ch. 120, par. 2418)
19        Sec. 18.  Prohibited Activities - Penalty.
20        (a)  A person is guilty of  a  Class  A  misdemeanor  for
21    doing any of the following:
22             (1)  Conducting  gambling  where wagering is used or
23        to be used without a license issued by the Board.
24             (2)  Conducting gambling where wagering is permitted
25        other than in the manner specified by Section 11.
26        (b)  A person is guilty of  a  Class  B  misdemeanor  for
27    doing any of the following:
28             (1)  permitting  a  person  under 21 years to make a
29        wager; or
30             (2)  violating paragraph (12) of subsection  (a)  of
31        Section 11 of this Act.
32        (c)  A  person  wagering  or  accepting  a  wager  at any
33    location outside the riverboat or electronic gaming  facility
 
                            -119-    LRB093 02212 LRD 15799 a
 1    in  violation  of  paragraph  is  subject to the penalties in
 2    paragraphs (1) or (2) of subsection (a) of  Section  28-1  of
 3    the  Criminal  Code  of  1961  is  subject  to  the penalties
 4    provided in that Section.
 5        (d)  A person commits a Class 4 felony and, in  addition,
 6    shall  be barred for life from gambling operations riverboats
 7    under the jurisdiction of the Board, if the person  does  any
 8    of the following:
 9             (1)  Offers, promises, or gives anything of value or
10        benefit  to  a  person  who is connected with a riverboat
11        owner or electronic gaming licensee  including,  but  not
12        limited to, an officer or employee of a licensed owner or
13        electronic  gaming  licensee or holder of an occupational
14        license pursuant to an agreement or arrangement  or  with
15        the  intent that the promise or thing of value or benefit
16        will influence the actions of  the  person  to  whom  the
17        offer,  promise,  or  gift was made in order to affect or
18        attempt to affect the outcome of a gambling game,  or  to
19        influence official action of a member of the Board.
20             (2)  Solicits  or  knowingly  accepts  or receives a
21        promise of anything of value or benefit while the  person
22        is  connected  with  a  riverboat  or  electronic  gaming
23        facility,  including,  but  not limited to, an officer or
24        employee  of  a  licensed  owner  or  electronic   gaming
25        licensee,  or  the  holder  of  an  occupational license,
26        pursuant to an understanding or arrangement or  with  the
27        intent that the promise or thing of value or benefit will
28        influence  the actions of the person to affect or attempt
29        to affect the outcome of a gambling game, or to influence
30        official action of a member of the Board.
31             (3)  Uses or possesses with  the  intent  to  use  a
32        device to assist:
33                  (i)  In projecting the outcome of the game.
34                  (ii)  In keeping track of the cards played.
 
                            -120-    LRB093 02212 LRD 15799 a
 1                  (iii)  In  analyzing  the  probability  of  the
 2             occurrence  of  an  event  relating  to the gambling
 3             game.
 4                  (iv)  In analyzing the strategy for playing  or
 5             betting  to  be used in the game except as permitted
 6             by the Board.
 7             (4)  Cheats at a gambling game.
 8             (5)  Manufactures, sells, or distributes any  cards,
 9        chips,  dice, game or device which is intended to be used
10        to violate any provision of this Act.
11             (6)  Alters  or  misrepresents  the  outcome  of   a
12        gambling  game  on  which wagers have been made after the
13        outcome is made sure but before it  is  revealed  to  the
14        players.
15             (7)  Places  a  bet  after  acquiring knowledge, not
16        available to all players, of the outcome of the  gambling
17        game  which  is  subject of the bet or to aid a person in
18        acquiring the knowledge for the purpose of placing a  bet
19        contingent on that outcome.
20             (8)  Claims,  collects,  or  takes,  or  attempts to
21        claim, collect, or take, money or anything of value in or
22        from the gambling games, with intent to defraud,  without
23        having  made  a  wager  contingent  on winning a gambling
24        game, or claims, collects, or takes an amount of money or
25        thing of value of greater value than the amount won.
26             (9)  Uses counterfeit chips or tokens in a  gambling
27        game.
28             (10)  Possesses  any  key or device designed for the
29        purpose of opening, entering, or affecting the  operation
30        of  a  gambling  game,  drop  box,  or  an  electronic or
31        mechanical device connected with the gambling game or for
32        removing coins, tokens,  chips or  other  contents  of  a
33        gambling  game.   This paragraph (10) does not apply to a
34        gambling licensee or  employee  of  a  gambling  licensee
 
                            -121-    LRB093 02212 LRD 15799 a
 1        acting in furtherance of the employee's employment.
 2        (e)  The  possession  of  more  than  one  of the devices
 3    described in subsection (d),  paragraphs  (3),  (5)  or  (10)
 4    permits  a rebuttable presumption that the possessor intended
 5    to use the devices for cheating.
 6        An action to prosecute any crime occurring on a riverboat
 7    shall be tried in  the  county  of  the  dock  at  which  the
 8    riverboat is based.
 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.
12        (a)  Except  as provided in subsection (b), any riverboat
13    or  electronic  gaming  facility  used  for  the  conduct  of
14    gambling games in violation of this Act shall be considered a
15    gambling place in violation of Section 28-3 of  the  Criminal
16    Code  of  1961,  as now or hereafter amended.  Every gambling
17    device found on  a  riverboat  or  at  an  electronic  gaming
18    facility  operating  gambling  games in violation of this Act
19    and every slot machine found at an electronic gaming facility
20    operating gambling games in violation of this  Act  shall  be
21    subject  to seizure, confiscation and destruction as provided
22    in Section 28-5 of the Criminal  Code  of  1961,  as  now  or
23    hereafter amended.
24        (b)  It is not a violation of this Act for a riverboat or
25    other watercraft which is licensed for gaming by a contiguous
26    state to dock on the shores of this State if the municipality
27    having  jurisdiction of the shores, or the county in the case
28    of unincorporated areas, has granted permission  for  docking
29    and  no  gaming  is  conducted  on  the  riverboat  or  other
30    watercraft while it is docked on the shores of this State. No
31    gambling  device shall be subject to seizure, confiscation or
32    destruction if the gambling device is located on a  riverboat
33    or  other  watercraft  which  is  licensed  for  gaming  by a
 
                            -122-    LRB093 02212 LRD 15799 a
 1    contiguous state and which is docked on the  shores  of  this
 2    State  if the municipality having jurisdiction of the shores,
 3    or the county  in  the  case  of  unincorporated  areas,  has
 4    granted  permission for docking and no gaming is conducted on
 5    the riverboat or other watercraft while it is docked  on  the
 6    shores of this State.
 7    (Source: P.A. 86-1029.)

 8        (230 ILCS 10/20) (from Ch. 120, par. 2420)
 9        Sec.  20.   Prohibited activities - civil penalties.  Any
10    person  who  conducts  a  gambling  operation  without  first
11    obtaining a license to do so, or  who  continues  to  conduct
12    such  games  after revocation of his license, or any licensee
13    who conducts or  allows  to  be  conducted  any  unauthorized
14    gambling  games  on  a  riverboat  or at an electronic gaming
15    facility where it is  authorized  to  conduct  its  riverboat
16    gambling  operation, in addition to other penalties provided,
17    shall be subject to a civil penalty equal to  the  amount  of
18    gross  receipts  derived from wagering on the gambling games,
19    whether unauthorized or authorized, conducted on that day  as
20    well  as  confiscation  and  forfeiture  of all gambling game
21    equipment used in the conduct of unauthorized gambling games.
22    (Source: P.A. 86-1029.)

23        Section 85.  The Illinois Pull Tabs and Jar Games Act  is
24    amended by changing Sections 1.1, 4, and 5 as follows:

25        (230 ILCS 20/1.1) (from Ch. 120, par. 1051.1)
26        Sec. 1.1.  Definitions.  As used in this Act:
27        "Pull   tabs"   and   "jar  games"  means  a  game  using
28    single-folded or banded tickets or a card, the face of  which
29    is  initially  covered or otherwise hidden from view in order
30    to conceal a number, symbol or set of symbols, some of  which
31    are  winners.   Players  with winning tickets receive a prize
 
                            -123-    LRB093 02212 LRD 15799 a
 1    stated on a promotional display or "flare".  Pull  tabs  also
 2    means  a game in which prizes are won by pulling a tab from a
 3    board thereby revealing a number  which  corresponds  to  the
 4    number for a given prize.
 5        Except  in  the  case  of bingo event games, each winning
 6    pull tab or  slip  shall  be  predetermined.   The  right  to
 7    participate  in  such  games  shall  not  cost  more than $2.
 8    Except for prizes awarded as part of a progressive  game,  no
 9    single  prize shall exceed $500.  There shall be no more than
10    6,000 tickets in a game.
11        "Pull tabs and jar games", as used in this Act, does  not
12    include  the  following:  numbers,  policy, bolita or similar
13    games, dice, slot machines,  bookmaking  and  wagering  pools
14    with respect to a sporting event, or that game commonly known
15    as  punch boards, or any other game or activity not expressly
16    defined in this Section.
17        "Organization" means a corporation, agency,  partnership,
18    association,  firm  or  other  entity consisting of 2 or more
19    persons joined by a common interest or purpose.
20        "Non-profit  organization"  means  an   organization   or
21    institution organized and conducted on a not-for-profit basis
22    with  no personal profit inuring to anyone as a result of the
23    operation.
24        "Charitable  organization"  means  an   organization   or
25    institution  organized  and operated to benefit an indefinite
26    number of the public.
27        "Educational  organization"  means  an  organization   or
28    institution  organized  and  operated  to  provide systematic
29    instruction in useful branches of learning by methods  common
30    to   schools  and  institutions  of  learning  which  compare
31    favorably in their scope and intensity  with  the  course  of
32    study presented in tax-supported schools.
33        "Religious  organization" means any church, congregation,
34    society, or organization founded for the purpose of religious
 
                            -124-    LRB093 02212 LRD 15799 a
 1    worship.
 2        "Fraternal  organization"  means   an   organization   of
 3    persons,  including  but not limited to ethnic organizations,
 4    having a common interest, organized and operated  exclusively
 5    to  promote  the  welfare  of  its members and to benefit the
 6    general public on a continuing and consistent basis.
 7        "Veterans' organization" means an organization  comprised
 8    of members of which substantially all are individuals who are
 9    veterans  or  spouses,  widows,  or widowers of veterans, the
10    primary purpose of which is to promote  the  welfare  of  its
11    members  and  to  provide assistance to the general public in
12    such a way as to confer a public benefit.
13        "Labor organization" means an  organization  composed  of
14    labor  unions  or  workers  organized  with  the objective of
15    betterment of the conditions of those engaged in such pursuit
16    and the development of a higher degree of efficiency in their
17    respective occupations.
18        "Youth  athletic  organization"  means  an   organization
19    having  as  its exclusive purpose the promotion and provision
20    of athletic activities for youth aged 18 and under.
21        "Senior citizens organization" means an  organization  or
22    association  comprised  of members of which substantially all
23    are individuals who are senior citizens, as  defined  in  the
24    Illinois Act on the Aging, the primary purpose of which is to
25    promote the welfare of its members.
26        "Progressive  game"  means  a  pull  tab  game that has a
27    portion of its predetermined prize  payout  designated  to  a
28    progressive  jackpot that, if not won, is carried forward and
29    added to the jackpot of subsequent games until won.
30        "Bingo event game" means a pull tab game played with pull
31    tab tickets where the  winner  has  not  been  designated  in
32    advance by the manufacturer, but is determined by chance.
33    (Source: P.A. 90-536, eff. 1-1-98.)
 
                            -125-    LRB093 02212 LRD 15799 a
 1        (230 ILCS 20/4) (from Ch. 120, par. 1054)
 2        Sec.  4.   The  conducting  of pull tabs and jar games is
 3    subject to the following restrictions:
 4        (1)  The entire net proceeds of  any  pull  tabs  or  jar
 5    games,  except  as  otherwise  approved  in this Act, must be
 6    exclusively  devoted  to   the   lawful   purposes   of   the
 7    organization permitted to conduct such drawings.
 8        (2)  No  person  except a bona fide member or employee of
 9    the sponsoring organization may participate in the management
10    or operation of such pull tabs or jar games; however, nothing
11    herein shall conflict with pull tabs and jar games  conducted
12    under the provisions of the Charitable Games Act.
13        (3)  No person may receive any remuneration or profit for
14    participating  in  the  management  or operation of such pull
15    tabs or jar games; however,  nothing  herein  shall  conflict
16    with  pull  tabs and jar games conducted under the provisions
17    of the Charitable Games Act.
18        (4)  The price paid for  a  single  chance  or  right  to
19    participate  in  a  game  licensed  under  this Act shall not
20    exceed $2.  The aggregate value of all prizes or  merchandise
21    awarded  in  any  single day of pull tabs and jar games shall
22    not exceed $5,000, except that in adjoining  counties  having
23    200,000  to  275,000  inhabitants each, and in counties which
24    are adjacent to either of such  adjoining  counties  and  are
25    adjacent  to total of not more than 2 counties in this State,
26    the value of all prizes or merchandise awarded may not exceed
27    $5,000 in a single day.
28        (5)  No person under the age of 18 years  shall  play  or
29    participate  in games under this Act.  A person under the age
30    of 18 years may be within the area where pull  tabs  and  jar
31    games are being conducted only when accompanied by his parent
32    or guardian.
33        (6)  Pull  tabs  and jar games shall be conducted only on
34    premises owned or occupied by licensed organizations and used
 
                            -126-    LRB093 02212 LRD 15799 a
 1    by its members for general activities, or on  premises  owned
 2    or  rented  for conducting the game of bingo, or as permitted
 3    in subsection (4) of Section 3.
 4    (Source: P.A. 90-536, eff. 1-1-98; 90-808, eff. 12-1-98.)

 5        (230 ILCS 20/5) (from Ch. 120, par. 1055)
 6        Sec. 5. There shall be paid to the Department of  Revenue
 7    5%  of  the  gross  proceeds  of  any pull tabs and jar games
 8    conducted under this Act.  Such  payments  shall  be  made  4
 9    times  per year, between the first and the 20th day of April,
10    July, October and January.  Payment must  be  made  by  money
11    order or certified check.  Accompanying each payment shall be
12    a  report,  on  forms  provided by the Department of Revenue,
13    listing the number of drawings conducted,  the  gross  income
14    derived   therefrom   and   such  other  information  as  the
15    Department of Revenue may require.  Failure to submit  either
16    the  payment  or  the  report within the specified time shall
17    result in automatic revocation of the license.  All  payments
18    made  to  the  Department  of Revenue under this Act shall be
19    deposited as follows:
20        (a)  50% shall be deposited in the  Common  School  Fund;
21    and
22        (b)  50%  shall  be  deposited in the Illinois Gaming Law
23    Enforcement Fund.  Of the monies deposited  in  the  Illinois
24    Gaming  Law  Enforcement Fund under this Section, the General
25    Assembly shall appropriate two-thirds to  the  Department  of
26    Revenue,  Department  of  State  Police and the Office of the
27    Attorney General for  State  law  enforcement  purposes,  and
28    one-third  shall be appropriated to the Department of Revenue
29    for the purpose of distribution in  the  form  of  grants  to
30    counties or municipalities for law enforcement purposes.  The
31    amounts  of  grants  to counties or municipalities shall bear
32    the same ratio as the number of licenses issued  in  counties
33    or  municipalities  bears  to  the  total  number of licenses
 
                            -127-    LRB093 02212 LRD 15799 a
 1    issued in the State. In  computing  the  number  of  licenses
 2    issued  in  a  county, licenses issued for locations within a
 3    municipality's boundaries shall be excluded.
 4        The Department of Revenue  shall  license  suppliers  and
 5    manufacturers  of pull tabs and jar games at an annual fee of
 6    $5,000.  Suppliers   and   manufacturers   shall   meet   the
 7    requirements  and  qualifications  established by rule by the
 8    Department.  Licensed manufacturers shall sell pull tabs  and
 9    jar  games  only  to  licensed suppliers.  Licensed suppliers
10    shall  buy  pull  tabs  and  jar  games  only  from  licensed
11    manufacturers and shall sell pull tabs and jar games only  to
12    licensed organizations. Licensed organizations shall buy pull
13    tabs and jar games only from licensed suppliers.
14        The  Department  of  Revenue  shall adopt by rule minimum
15    quality production standards for pull tabs and jar games.  In
16    determining such standards, the Department shall consider the
17    standards adopted by the  National  Association  of  Gambling
18    Regulatory   Agencies   and   the   National  Association  of
19    Fundraising  Ticket  Manufacturers.  Such   standards   shall
20    include  the name of the supplier which shall appear in plain
21    view to the casual observer on the face side of each pull tab
22    ticket and on each jar game  ticket.   The  pull  tab  ticket
23    shall  contain the name of the game, the selling price of the
24    ticket, the amount of the prize and the serial number of  the
25    ticket.   The  back side of a pull tab ticket shall contain a
26    series of perforated tabs marked "open here".   The  logo  of
27    the  manufacturer  shall  be clearly visible on each jar game
28    ticket.
29        The Department of Revenue shall adopt rules necessary  to
30    provide  for  the proper accounting and control of activities
31    under this Act, to ensure that the  proper  taxes  are  paid,
32    that the proceeds from the activities under this Act are used
33    lawfully, and to prevent illegal activity associated with the
34    use of pull tabs and jar games.
 
                            -128-    LRB093 02212 LRD 15799 a
 1        The provisions of Section 2a of the Retailers' Occupation
 2    Tax  Act  pertaining  to  the  furnishing  of a bond or other
 3    security are incorporated by reference into this Act and  are
 4    applicable  to  licensees under this Act as a precondition of
 5    obtaining a  license  under  this  Act.   The  provisions  of
 6    Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 6, 6a,
 7    6b,  6c, 8, 9, 10, 11 and 12 of the Retailers' Occupation Tax
 8    Act, and Section 3-7 of the Uniform Penalty and Interest Act,
 9    which are not inconsistent with this Act shall apply, as  far
10    as practicable, to the subject matter of this Act to the same
11    extent  as if such provisions were included in this Act.  For
12    the purposes of this Act,  references  in  such  incorporated
13    Sections  of  the Retailers' Occupation Tax Act to retailers,
14    sellers  or  persons  engaged  in  the  business  of  selling
15    tangible  personal  property   means   persons   engaged   in
16    conducting  pull  tabs  and  jar games and references in such
17    incorporated Sections of the Retailers' Occupation Tax Act to
18    sales of tangible personal property mean  the  conducting  of
19    pull  tabs  and  jar  games  and  the  making  of charges for
20    participating in such drawings.
21    (Source: P.A. 87-205; 87-895.)

22        Section 90.  The Criminal Code  of  1961  is  amended  by
23    changing Sections 28-1, 28-5 and 28-7 as follows:

24        (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
25        Sec. 28-1.  Gambling.
26        (a)  A person commits gambling when he:
27             (1)  Plays  a  game  of chance or skill for money or
28        other thing of value, unless excepted in  subsection  (b)
29        of this Section; or
30             (2)  Makes  a  wager  upon  the  result of any game,
31        contest, or  any  political  nomination,  appointment  or
32        election; or
 
                            -129-    LRB093 02212 LRD 15799 a
 1             (3)  Operates,   keeps,   owns,   uses,   purchases,
 2        exhibits,  rents,  sells,  bargains for the sale or lease
 3        of, manufactures or distributes any gambling device; or
 4             (4)  Contracts to have or give  himself  or  another
 5        the  option  to buy or sell, or contracts to buy or sell,
 6        at  a  future  time,  any  grain   or   other   commodity
 7        whatsoever,  or  any  stock  or  security of any company,
 8        where it is at the time of making such contract  intended
 9        by both parties thereto that the contract to buy or sell,
10        or  the  option,  whenever  exercised,  or  the  contract
11        resulting therefrom, shall be settled, not by the receipt
12        or  delivery of such property, but by the payment only of
13        differences in prices  thereof;  however,  the  issuance,
14        purchase, sale, exercise, endorsement or guarantee, by or
15        through  a  person registered with the Secretary of State
16        pursuant to Section 8 of the Illinois Securities  Law  of
17        1953,  or  by  or  through  a  person  exempt  from  such
18        registration  under  said  Section  8, of a put, call, or
19        other option to buy or sell securities  which  have  been
20        registered  with  the  Secretary  of  State  or which are
21        exempt from such registration  under  Section  3  of  the
22        Illinois  Securities  Law  of 1953 is not gambling within
23        the meaning of this paragraph (4); or
24             (5)  Knowingly   owns   or   possesses   any   book,
25        instrument or apparatus by means of which bets or  wagers
26        have  been,  or are, recorded or registered, or knowingly
27        possesses any money which he has received in  the  course
28        of a bet or wager; or
29             (6)  Sells  pools  upon  the  result  of any game or
30        contest  of  skill  or  chance,   political   nomination,
31        appointment or election; or
32             (7)  Sets  up  or  promotes  any  lottery  or sells,
33        offers to sell or transfers any ticket or share  for  any
34        lottery; or
 
                            -130-    LRB093 02212 LRD 15799 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
 6        lottery  ticket  or  share,  or  any policy ticket, slip,
 7        record, document  or  similar  device,  except  for  such
 8        activity  related  to  lotteries, bingo games and raffles
 9        authorized by and conducted in accordance with  the  laws
10        of Illinois or any other state or foreign government; or
11             (10)  Knowingly  advertises  any  lottery  or policy
12        game, except for  such  activity  related  to  lotteries,
13        bingo  games  and  raffles authorized by and conducted in
14        accordance with the laws of Illinois or any other  state;
15        or
16             (11)  Knowingly  transmits information as to wagers,
17        betting odds, or changes in betting  odds  by  telephone,
18        telegraph,   radio,   semaphore   or  similar  means;  or
19        knowingly  installs  or  maintains  equipment   for   the
20        transmission  or receipt of such information; except that
21        nothing in this subdivision (11)  prohibits  transmission
22        or  receipt of such information for use in news reporting
23        of sporting events or contests; or
24             (12) Knowingly establishes, maintains,  or  operates
25        an  Internet site that permits a person to play a game of
26        chance or skill for money or  other  thing  of  value  by
27        means  of the Internet or to make a wager upon the result
28        of any game, contest, political nomination,  appointment,
29        or election by means of the Internet.
30        (b)  Participants  in  any  of  the  following activities
31    shall not be convicted of gambling therefor:
32             (1)  Agreements to compensate for loss caused by the
33        happening  of   chance   including   without   limitation
34        contracts  of indemnity or guaranty and life or health or
 
                            -131-    LRB093 02212 LRD 15799 a
 1        accident insurance;
 2             (2)  Offers of prizes, award or compensation to  the
 3        actual  contestants  in  any  bona  fide  contest for the
 4        determination of skill, speed, strength or  endurance  or
 5        to  the  owners  of  animals  or vehicles entered in such
 6        contest;
 7             (3)  Pari-mutuel betting as authorized by the law of
 8        this State;
 9             (4)  Manufacture of gambling devices, including  the
10        acquisition  of essential parts therefor and the assembly
11        thereof, for  transportation  in  interstate  or  foreign
12        commerce  to  any  place  outside  this  State  when such
13        transportation  is  not  prohibited  by  any   applicable
14        Federal law;
15             (5)  The   game  commonly  known  as  "bingo",  when
16        conducted in accordance with the Bingo  License  and  Tax
17        Act;
18             (6)  Lotteries   when  conducted  by  the  State  of
19        Illinois in accordance with the Illinois Lottery Law;
20             (7)  Possession of an antique slot machine  that  is
21        neither  used nor intended to be used in the operation or
22        promotion  of   any   unlawful   gambling   activity   or
23        enterprise.  For the purpose of this subparagraph (b)(7),
24        an  antique slot machine is one manufactured 25 years ago
25        or earlier;
26             (8)  Raffles when conducted in accordance  with  the
27        Raffles Act;
28             (9)  Charitable  games  when conducted in accordance
29        with the Charitable Games Act;
30             (10)  Pull tabs and jar games when  conducted  under
31        the Illinois Pull Tabs and Jar Games Act; or
32             (11)  Gambling  games  conducted  on riverboats when
33        authorized by the Riverboat Gambling Act.
34        (c)  Sentence.
 
                            -132-    LRB093 02212 LRD 15799 a
 1        Gambling  under  subsection  (a)(1)  or  (a)(2)  of  this
 2    Section is a Class A  misdemeanor.   Gambling  under  any  of
 3    subsections (a)(3) through (a)(11) of this Section is a Class
 4    A  misdemeanor.   A second or subsequent conviction under any
 5    of subsections (a)(3) through (a)(11), is a Class  4  felony.
 6    Gambling  under subsection (a)(12) of this Section is a Class
 7    A misdemeanor.   A  second  or  subsequent  conviction  under
 8    subsection (a)(12) is a Class 4 felony.
 9        (d)  Circumstantial evidence.
10        In  prosecutions  under subsection (a)(1) through (a)(12)
11    of this Section circumstantial evidence shall have  the  same
12    validity and weight as in any criminal prosecution.
13    (Source: P.A. 91-257, eff. 1-1-00.)

14        (720 ILCS 5/28-5) (from Ch. 38, par. 28-5)
15        Sec.  28-5.   Seizure  of  gambling  devices and gambling
16    funds.
17        (a)  Every  device  designed  for   gambling   which   is
18    incapable  of  lawful use or every device used unlawfully for
19    gambling shall be considered a "gambling device",  and  shall
20    be  subject  to  seizure, confiscation and destruction by the
21    Department of State Police or  by  any  municipal,  or  other
22    local  authority,  within  whose jurisdiction the same may be
23    found.  As used in this Section, a "gambling device" includes
24    any  slot  machine,  and  includes  any  machine  or   device
25    constructed  for  the  reception  of  money or other thing of
26    value and so constructed as to return, or to cause someone to
27    return, on chance to the player thereof money, property or  a
28    right  to  receive  money or property.  With the exception of
29    any device designed for gambling which is incapable of lawful
30    use, no gambling  device  shall  be  forfeited  or  destroyed
31    unless  an individual with a property interest in said device
32    knows of the unlawful use of the device.
33        (b)  Every gambling device shall be seized and  forfeited
 
                            -133-    LRB093 02212 LRD 15799 a
 1    to  the  county  wherein  such  seizure occurs.  Any money or
 2    other thing of value integrally related to acts  of  gambling
 3    shall  be  seized  and  forfeited  to the county wherein such
 4    seizure occurs.
 5        (c)  If, within 60 days after  any  seizure  pursuant  to
 6    subparagraph  (b)  of  this  Section,  a  person  having  any
 7    property  interest  in the seized property is charged with an
 8    offense, the court which renders judgment  upon  such  charge
 9    shall,   within  30  days  after  such  judgment,  conduct  a
10    forfeiture hearing to determine whether such property  was  a
11    gambling  device  at the time of seizure.  Such hearing shall
12    be commenced by a written petition by  the  State,  including
13    material  allegations  of fact, the name and address of every
14    person determined by the State to have any property  interest
15    in  the seized property, a representation that written notice
16    of the date, time and place of such hearing has  been  mailed
17    to  every  such  person  by  certified  mail at least 10 days
18    before such date, and a request for forfeiture.   Every  such
19    person  may  appear  as  a party and present evidence at such
20    hearing.   The  quantum  of  proof  required   shall   be   a
21    preponderance  of the evidence, and the burden of proof shall
22    be on the State.  If the court  determines  that  the  seized
23    property  was  a  gambling  device at the time of seizure, an
24    order of forfeiture and disposition of  the  seized  property
25    shall  be entered: a gambling device shall be received by the
26    State's Attorney, who shall effect  its  destruction,  except
27    that  valuable  parts  thereof  may  be  liquidated  and  the
28    resultant money shall be deposited in the general fund of the
29    county  wherein such seizure occurred; money and other things
30    of value shall be received by the State's Attorney and,  upon
31    liquidation,  shall  be  deposited in the general fund of the
32    county wherein such seizure occurred.  However, in the  event
33    that  a  defendant  raises  the  defense that the seized slot
34    machine is an antique slot machine described in  subparagraph
 
                            -134-    LRB093 02212 LRD 15799 a
 1    (b)  (7)  of  Section  28-1 of this Code and therefore  he is
 2    exempt from the charge of a  gambling  activity  participant,
 3    the  seized  antique  slot  machine shall not be destroyed or
 4    otherwise altered until a final determination is made by  the
 5    Court as to whether it is such an antique slot machine.  Upon
 6    a  final determination by the Court of this question in favor
 7    of the defendant, such  slot  machine  shall  be  immediately
 8    returned  to  the  defendant.   Such  order of forfeiture and
 9    disposition shall, for the purposes of  appeal,  be  a  final
10    order and judgment in a civil proceeding.
11        (d)  If  a  seizure  pursuant to subparagraph (b) of this
12    Section is not followed by a charge pursuant to  subparagraph
13    (c)  of this Section, or if the prosecution of such charge is
14    permanently terminated or indefinitely  discontinued  without
15    any  judgment  of  conviction  or  acquittal  (1) the State's
16    Attorney  shall  commence  an  in  rem  proceeding  for   the
17    forfeiture  and  destruction of a gambling device, or for the
18    forfeiture and deposit in the general fund of the  county  of
19    any  seized  money  or other things of value, or both, in the
20    circuit court and (2) any person having any property interest
21    in such seized gambling device, money or other thing of value
22    may  commence  separate  civil  proceedings  in  the   manner
23    provided by law.
24        (e)  Any   gambling   device  displayed  for  sale  to  a
25    riverboat gambling operation or used  to  train  occupational
26    licensees  of  a  riverboat  gambling operation as authorized
27    under the Riverboat Gambling Act is exempt from seizure under
28    this Section.
29        (f)  Any  gambling  equipment,   devices   and   supplies
30    provided  by  a  licensed  supplier  in  accordance  with the
31    Riverboat Gambling Act which are removed from a the riverboat
32    or electronic gaming facility  for  repair  are  exempt  from
33    seizure under this Section.
34    (Source: P.A. 87-826.)
 
                            -135-    LRB093 02212 LRD 15799 a
 1        (720 ILCS 5/28-7) (from Ch. 38, par. 28-7)
 2        Sec. 28-7. Gambling contracts void.
 3        (a)  All   promises,   notes,  bills,  bonds,  covenants,
 4    contracts,  agreements,  judgments,   mortgages,   or   other
 5    securities  or  conveyances  made,  given, granted, drawn, or
 6    entered into, or executed by any person whatsoever, where the
 7    whole or any part of the consideration  thereof  is  for  any
 8    money  or thing of value, won or obtained in violation of any
 9    Section of this Article are null and void.
10        (b)  Any obligation void under this Section  may  be  set
11    aside  and  vacated  by  any court of competent jurisdiction,
12    upon a complaint filed for that purpose,  by  the  person  so
13    granting, giving, entering into, or executing the same, or by
14    his  executors  or  administrators, or by any creditor, heir,
15    legatee, purchaser or other person interested therein; or  if
16    a judgment, the same may be set aside on motion of any person
17    stated above, on due notice thereof given.
18        (c)  No  assignment  of  any  obligation  void under this
19    Section may in any manner affect the defense  of  the  person
20    giving,  granting,  drawing,  entering into or executing such
21    obligation, or the remedies of any person interested therein.
22        (d)  This Section shall not prevent a licensed owner of a
23    riverboat gambling operation or an electronic gaming licensee
24    under the Riverboat  Gambling  Act  and  the  Illinois  Horse
25    Racing  Act  of  1975  from  instituting a cause of action to
26    collect any amount due and owing under an extension of credit
27    to a riverboat gambling patron as  authorized  under  Section
28    11.1 of the Riverboat Gambling Act.
29    (Source: P.A. 87-826.)

30        (230 ILCS 5/32.1 rep.)
31        (230 ILCS 5/54 rep.)
32        Section  95.  The Illinois Horse Racing Act is amended by
33    repealing Sections 32.1 and 54.
 
                            -136-    LRB093 02212 LRD 15799 a
 1        Section 100.  "An Act in relation to  gambling,  amending
 2    named  Acts",  approved  June  25, 1999, Public Act 91-40, is
 3    amended by changing Section 30 as follows:

 4        (P.A. 91-40, Sec. 30)
 5        Sec. 30.  Severability.  If any  provision  of  this  Act
 6    (Public  Act  91-40) or the application thereof to any person
 7    or circumstance is held invalid,  that  invalidity  does  not
 8    affect  the other provisions or applications of the Act which
 9    can be  given  effect  without  the  invalid  application  or
10    provision,  and  to  this  end the provisions of this Act are
11    severable.   This  severability  applies  without  regard  to
12    whether the  action  challenging  the  validity  was  brought
13    before  the effective date of this amendatory Act of the 93rd
14    General Assembly.
15        Inseverability.  The provisions of this Act are  mutually
16    dependent  and inseverable.  If any provision is held invalid
17    other than as applied to a particular person or circumstance,
18    then this entire Act is invalid.
19    (Source: P.A. 91-40, eff. 6-25-99.)

20        Section 105.  The State Finance Act is amended by  adding
21    Section 5.595 as follows:

22        (30 ILCS 105/5.595 new)
23        Sec. 5.595.  The Intercity Development Fund.

24        Section 999.  Effective date.  This Act takes effect upon
25    becoming law.".