94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB1940

 

Introduced 2/25/2005, by Sen. Richard J. Winkel, Jr.

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 1605/15   from Ch. 120, par. 1165
230 ILCS 5/26   from Ch. 8, par. 37-26
230 ILCS 5/34.2 new
230 ILCS 10/11   from Ch. 120, par. 2411
230 ILCS 10/13.2 new
230 ILCS 10/18   from Ch. 120, par. 2418
230 ILCS 10/11   from Ch. 120, par. 2411

    Amends the Illinois Lottery Law to ban persons under 21 years of age from purchasing lottery tickets. Amends the Illinois Horse Racing Act of 1975 to ban persons under 21 years of age from being patrons of the pari-mutuel system of wagering. Amends the Illinois Horse Racing Act of 1975 and the Riverboat Gambling Act. Limits the loaning of cash to any person and the accepting of post-dated checks at gambling facilities. Provides that a violation is a Class C misdemeanor. Provides that a riverboat owners licensee may not conduct gambling between the hours of 3:00 A.M. and 5:00 A.M. Effective immediately.


LRB094 11491 AMC 42436 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1940 LRB094 11491 AMC 42436 b

1     AN ACT in relation to gambling.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Lottery Law is amended by changing
5 Section 15 as follows:
 
6     (20 ILCS 1605/15)  (from Ch. 120, par. 1165)
7     Sec. 15. No person minor under 21 18 years of age shall buy
8 a lottery ticket or share. No person shall sell, distribute
9 samples of, or furnish a lottery ticket or share to any person
10 minor under 21 18 years of age, buy a lottery ticket or share
11 for any person minor under 21 18 years of age, or aid and abet
12 in the purchase of lottery tickets or shares by a person minor
13 under 21 18 years of age.
14     No ticket or share shall be purchased by, and no prize
15 shall be paid to any of the following persons: any member of
16 the Board or any officer or other person employed by the Board
17 or by the Department; any spouse, child, brother, sister or
18 parent residing as a member of the same household in the
19 principal place of abode of any such persons; or any person
20 minor under 21 18 years of age.
21     Any violation of this Section by a person other than a
22 purchaser who is not at least 21 years of age the purchasing
23 minor shall be a Class B misdemeanor; provided, that if any
24 violation of this Section is a subsequent violation, the
25 offender shall be guilty of a Class 4 felony. Notwithstanding
26 any provision to the contrary, a violation of this Section by a
27 person minor under 21 18 years of age shall be a petty offense.
28 (Source: P.A. 90-346, eff. 8-8-97.)
 
29     Section 10. The Illinois Horse Racing Act of 1975 is
30 amended by changing Section 26 and adding Section 34.2 as
31 follows:
 

 

 

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1     (230 ILCS 5/26)  (from Ch. 8, par. 37-26)
2     Sec. 26. Wagering.
3     (a) Any licensee may conduct and supervise the pari-mutuel
4 system of wagering, as defined in Section 3.12 of this Act, on
5 horse races conducted by an Illinois organization licensee or
6 conducted at a racetrack located in another state or country
7 and televised in Illinois in accordance with subsection (g) of
8 Section 26 of this Act. Subject to the prior consent of the
9 Board, licensees may supplement any pari-mutuel pool in order
10 to guarantee a minimum distribution. Such pari-mutuel method of
11 wagering shall not, under any circumstances if conducted under
12 the provisions of this Act, be held or construed to be
13 unlawful, other statutes of this State to the contrary
14 notwithstanding. Subject to rules for advance wagering
15 promulgated by the Board, any licensee may accept wagers in
16 advance of the day of the race wagered upon occurs.
17     (b) No other method of betting, pool making, wagering or
18 gambling shall be used or permitted by the licensee. Each
19 licensee may retain, subject to the payment of all applicable
20 taxes and purses, an amount not to exceed 17% of all money
21 wagered under subsection (a) of this Section, except as may
22 otherwise be permitted under this Act.
23     (b-5) An individual may place a wager under the pari-mutuel
24 system from any licensed location authorized under this Act
25 provided that wager is electronically recorded in the manner
26 described in Section 3.12 of this Act. Any wager made
27 electronically by an individual while physically on the
28 premises of a licensee shall be deemed to have been made at the
29 premises of that licensee.
30     (c) Until January 1, 2000, the sum held by any licensee for
31 payment of outstanding pari-mutuel tickets, if unclaimed prior
32 to December 31 of the next year, shall be retained by the
33 licensee for payment of such tickets until that date. Within 10
34 days thereafter, the balance of such sum remaining unclaimed,
35 less any uncashed supplements contributed by such licensee for

 

 

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1 the purpose of guaranteeing minimum distributions of any
2 pari-mutuel pool, shall be paid to the Illinois Veterans'
3 Rehabilitation Fund of the State treasury, except as provided
4 in subsection (g) of Section 27 of this Act.
5     (c-5) Beginning January 1, 2000, the sum held by any
6 licensee for payment of outstanding pari-mutuel tickets, if
7 unclaimed prior to December 31 of the next year, shall be
8 retained by the licensee for payment of such tickets until that
9 date. Within 10 days thereafter, the balance of such sum
10 remaining unclaimed, less any uncashed supplements contributed
11 by such licensee for the purpose of guaranteeing minimum
12 distributions of any pari-mutuel pool, shall be evenly
13 distributed to the purse account of the organization licensee
14 and the organization licensee.
15     (d) A pari-mutuel ticket shall be honored until December 31
16 of the next calendar year, and the licensee shall pay the same
17 and may charge the amount thereof against unpaid money
18 similarly accumulated on account of pari-mutuel tickets not
19 presented for payment.
20     (e) No licensee shall knowingly permit any minor, other
21 than an employee of such licensee or an owner, trainer, jockey,
22 driver, or employee thereof, to be admitted during a racing
23 program unless accompanied by a parent or guardian, or any
24 person who is not at least 21 years of age minor to be a patron
25 of the pari-mutuel system of wagering conducted or supervised
26 by it. The admission of any unaccompanied minor, other than an
27 employee of the licensee or an owner, trainer, jockey, driver,
28 or employee thereof at a race track is a Class C misdemeanor.
29     (f) Notwithstanding the other provisions of this Act, an
30 organization licensee may contract with an entity in another
31 state or country to permit any legal wagering entity in another
32 state or country to accept wagers solely within such other
33 state or country on races conducted by the organization
34 licensee in this State. Beginning January 1, 2000, these wagers
35 shall not be subject to State taxation. Until January 1, 2000,
36 when the out-of-State entity conducts a pari-mutuel pool

 

 

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1 separate from the organization licensee, a privilege tax equal
2 to 7 1/2% of all monies received by the organization licensee
3 from entities in other states or countries pursuant to such
4 contracts is imposed on the organization licensee, and such
5 privilege tax shall be remitted to the Department of Revenue
6 within 48 hours of receipt of the moneys from the simulcast.
7 When the out-of-State entity conducts a combined pari-mutuel
8 pool with the organization licensee, the tax shall be 10% of
9 all monies received by the organization licensee with 25% of
10 the receipts from this 10% tax to be distributed to the county
11 in which the race was conducted.
12     An organization licensee may permit one or more of its
13 races to be utilized for pari-mutuel wagering at one or more
14 locations in other states and may transmit audio and visual
15 signals of races the organization licensee conducts to one or
16 more locations outside the State or country and may also permit
17 pari-mutuel pools in other states or countries to be combined
18 with its gross or net wagering pools or with wagering pools
19 established by other states.
20     (g) A host track may accept interstate simulcast wagers on
21 horse races conducted in other states or countries and shall
22 control the number of signals and types of breeds of racing in
23 its simulcast program, subject to the disapproval of the Board.
24 The Board may prohibit a simulcast program only if it finds
25 that the simulcast program is clearly adverse to the integrity
26 of racing. The host track simulcast program shall include the
27 signal of live racing of all organization licensees. All
28 non-host licensees shall carry the host track simulcast program
29 and accept wagers on all races included as part of the
30 simulcast program upon which wagering is permitted. The costs
31 and expenses of the host track and non-host licensees
32 associated with interstate simulcast wagering, other than the
33 interstate commission fee, shall be borne by the host track and
34 all non-host licensees incurring these costs. The interstate
35 commission fee shall not exceed 5% of Illinois handle on the
36 interstate simulcast race or races without prior approval of

 

 

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1 the Board. The Board shall promulgate rules under which it may
2 permit interstate commission fees in excess of 5%. The
3 interstate commission fee and other fees charged by the sending
4 racetrack, including, but not limited to, satellite decoder
5 fees, shall be uniformly applied to the host track and all
6 non-host licensees.
7         (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
8     intertrack wagering licensee other than the host track may
9     supplement the host track simulcast program with
10     additional simulcast races or race programs, provided that
11     between January 1 and the third Friday in February of any
12     year, inclusive, if no live thoroughbred racing is
13     occurring in Illinois during this period, only
14     thoroughbred races may be used for supplemental interstate
15     simulcast purposes. The Board shall withhold approval for a
16     supplemental interstate simulcast only if it finds that the
17     simulcast is clearly adverse to the integrity of racing. A
18     supplemental interstate simulcast may be transmitted from
19     an intertrack wagering licensee to its affiliated non-host
20     licensees. The interstate commission fee for a
21     supplemental interstate simulcast shall be paid by the
22     non-host licensee and its affiliated non-host licensees
23     receiving the simulcast.
24         (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
25     intertrack wagering licensee other than the host track may
26     receive supplemental interstate simulcasts only with the
27     consent of the host track, except when the Board finds that
28     the simulcast is clearly adverse to the integrity of
29     racing. Consent granted under this paragraph (2) to any
30     intertrack wagering licensee shall be deemed consent to all
31     non-host licensees. The interstate commission fee for the
32     supplemental interstate simulcast shall be paid by all
33     participating non-host licensees.
34         (3) Each licensee conducting interstate simulcast
35     wagering may retain, subject to the payment of all
36     applicable taxes and the purses, an amount not to exceed

 

 

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1     17% of all money wagered. If any licensee conducts the
2     pari-mutuel system wagering on races conducted at
3     racetracks in another state or country, each such race or
4     race program shall be considered a separate racing day for
5     the purpose of determining the daily handle and computing
6     the privilege tax of that daily handle as provided in
7     subsection (a) of Section 27. Until January 1, 2000, from
8     the sums permitted to be retained pursuant to this
9     subsection, each intertrack wagering location licensee
10     shall pay 1% of the pari-mutuel handle wagered on simulcast
11     wagering to the Horse Racing Tax Allocation Fund, subject
12     to the provisions of subparagraph (B) of paragraph (11) of
13     subsection (h) of Section 26 of this Act.
14         (4) A licensee who receives an interstate simulcast may
15     combine its gross or net pools with pools at the sending
16     racetracks pursuant to rules established by the Board. All
17     licensees combining their gross pools at a sending
18     racetrack shall adopt the take-out percentages of the
19     sending racetrack. A licensee may also establish a separate
20     pool and takeout structure for wagering purposes on races
21     conducted at race tracks outside of the State of Illinois.
22     The licensee may permit pari-mutuel wagers placed in other
23     states or countries to be combined with its gross or net
24     wagering pools or other wagering pools.
25         (5) After the payment of the interstate commission fee
26     (except for the interstate commission fee on a supplemental
27     interstate simulcast, which shall be paid by the host track
28     and by each non-host licensee through the host-track) and
29     all applicable State and local taxes, except as provided in
30     subsection (g) of Section 27 of this Act, the remainder of
31     moneys retained from simulcast wagering pursuant to this
32     subsection (g), and Section 26.2 shall be divided as
33     follows:
34             (A) For interstate simulcast wagers made at a host
35         track, 50% to the host track and 50% to purses at the
36         host track.

 

 

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1             (B) For wagers placed on interstate simulcast
2         races, supplemental simulcasts as defined in
3         subparagraphs (1) and (2), and separately pooled races
4         conducted outside of the State of Illinois made at a
5         non-host licensee, 25% to the host track, 25% to the
6         non-host licensee, and 50% to the purses at the host
7         track.
8         (6) Notwithstanding any provision in this Act to the
9     contrary, non-host licensees who derive their licenses
10     from a track located in a county with a population in
11     excess of 230,000 and that borders the Mississippi River
12     may receive supplemental interstate simulcast races at all
13     times subject to Board approval, which shall be withheld
14     only upon a finding that a supplemental interstate
15     simulcast is clearly adverse to the integrity of racing.
16         (7) Notwithstanding any provision of this Act to the
17     contrary, after payment of all applicable State and local
18     taxes and interstate commission fees, non-host licensees
19     who derive their licenses from a track located in a county
20     with a population in excess of 230,000 and that borders the
21     Mississippi River shall retain 50% of the retention from
22     interstate simulcast wagers and shall pay 50% to purses at
23     the track from which the non-host licensee derives its
24     license as follows:
25             (A) Between January 1 and the third Friday in
26         February, inclusive, if no live thoroughbred racing is
27         occurring in Illinois during this period, when the
28         interstate simulcast is a standardbred race, the purse
29         share to its standardbred purse account;
30             (B) Between January 1 and the third Friday in
31         February, inclusive, if no live thoroughbred racing is
32         occurring in Illinois during this period, and the
33         interstate simulcast is a thoroughbred race, the purse
34         share to its interstate simulcast purse pool to be
35         distributed under paragraph (10) of this subsection
36         (g);

 

 

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1             (C) Between January 1 and the third Friday in
2         February, inclusive, if live thoroughbred racing is
3         occurring in Illinois, between 6:30 a.m. and 6:30 p.m.
4         the purse share from wagers made during this time
5         period to its thoroughbred purse account and between
6         6:30 p.m. and 6:30 a.m. the purse share from wagers
7         made during this time period to its standardbred purse
8         accounts;
9             (D) Between the third Saturday in February and
10         December 31, when the interstate simulcast occurs
11         between the hours of 6:30 a.m. and 6:30 p.m., the purse
12         share to its thoroughbred purse account;
13             (E) Between the third Saturday in February and
14         December 31, when the interstate simulcast occurs
15         between the hours of 6:30 p.m. and 6:30 a.m., the purse
16         share to its standardbred purse account.
17         (7.1) Notwithstanding any other provision of this Act
18     to the contrary, if no standardbred racing is conducted at
19     a racetrack located in Madison County during any calendar
20     year beginning on or after January 1, 2002, all moneys
21     derived by that racetrack from simulcast wagering and
22     inter-track wagering that (1) are to be used for purses and
23     (2) are generated between the hours of 6:30 p.m. and 6:30
24     a.m. during that calendar year shall be paid as follows:
25             (A) If the licensee that conducts horse racing at
26         that racetrack requests from the Board at least as many
27         racing dates as were conducted in calendar year 2000,
28         80% shall be paid to its thoroughbred purse account;
29         and
30             (B) Twenty percent shall be deposited into the
31         Illinois Colt Stakes Purse Distribution Fund and shall
32         be paid to purses for standardbred races for Illinois
33         conceived and foaled horses conducted at any county
34         fairgrounds. The moneys deposited into the Fund
35         pursuant to this subparagraph (B) shall be deposited
36         within 2 weeks after the day they were generated, shall

 

 

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1         be in addition to and not in lieu of any other moneys
2         paid to standardbred purses under this Act, and shall
3         not be commingled with other moneys paid into that
4         Fund. The moneys deposited pursuant to this
5         subparagraph (B) shall be allocated as provided by the
6         Department of Agriculture, with the advice and
7         assistance of the Illinois Standardbred Breeders Fund
8         Advisory Board.
9         (7.2) Notwithstanding any other provision of this Act
10     to the contrary, if no thoroughbred racing is conducted at
11     a racetrack located in Madison County during any calendar
12     year beginning on or after January 1, 2002, all moneys
13     derived by that racetrack from simulcast wagering and
14     inter-track wagering that (1) are to be used for purses and
15     (2) are generated between the hours of 6:30 a.m. and 6:30
16     p.m. during that calendar year shall be deposited as
17     follows:
18             (A) If the licensee that conducts horse racing at
19         that racetrack requests from the Board at least as many
20         racing dates as were conducted in calendar year 2000,
21         80% shall be deposited into its standardbred purse
22         account; and
23             (B) Twenty percent shall be deposited into the
24         Illinois Colt Stakes Purse Distribution Fund. Moneys
25         deposited into the Illinois Colt Stakes Purse
26         Distribution Fund pursuant to this subparagraph (B)
27         shall be paid to Illinois conceived and foaled
28         thoroughbred breeders' programs and to thoroughbred
29         purses for races conducted at any county fairgrounds
30         for Illinois conceived and foaled horses at the
31         discretion of the Department of Agriculture, with the
32         advice and assistance of the Illinois Thoroughbred
33         Breeders Fund Advisory Board. The moneys deposited
34         into the Illinois Colt Stakes Purse Distribution Fund
35         pursuant to this subparagraph (B) shall be deposited
36         within 2 weeks after the day they were generated, shall

 

 

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1         be in addition to and not in lieu of any other moneys
2         paid to thoroughbred purses under this Act, and shall
3         not be commingled with other moneys deposited into that
4         Fund.
5         (7.3) If no live standardbred racing is conducted at a
6     racetrack located in Madison County in calendar year 2000
7     or 2001, an organization licensee who is licensed to
8     conduct horse racing at that racetrack shall, before
9     January 1, 2002, pay all moneys derived from simulcast
10     wagering and inter-track wagering in calendar years 2000
11     and 2001 and paid into the licensee's standardbred purse
12     account as follows:
13             (A) Eighty percent to that licensee's thoroughbred
14         purse account to be used for thoroughbred purses; and
15             (B) Twenty percent to the Illinois Colt Stakes
16         Purse Distribution Fund.
17         Failure to make the payment to the Illinois Colt Stakes
18     Purse Distribution Fund before January 1, 2002 shall result
19     in the immediate revocation of the licensee's organization
20     license, inter-track wagering license, and inter-track
21     wagering location license.
22         Moneys paid into the Illinois Colt Stakes Purse
23     Distribution Fund pursuant to this paragraph (7.3) shall be
24     paid to purses for standardbred races for Illinois
25     conceived and foaled horses conducted at any county
26     fairgrounds. Moneys paid into the Illinois Colt Stakes
27     Purse Distribution Fund pursuant to this paragraph (7.3)
28     shall be used as determined by the Department of
29     Agriculture, with the advice and assistance of the Illinois
30     Standardbred Breeders Fund Advisory Board, shall be in
31     addition to and not in lieu of any other moneys paid to
32     standardbred purses under this Act, and shall not be
33     commingled with any other moneys paid into that Fund.
34         (7.4) If live standardbred racing is conducted at a
35     racetrack located in Madison County at any time in calendar
36     year 2001 before the payment required under paragraph (7.3)

 

 

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1     has been made, the organization licensee who is licensed to
2     conduct racing at that racetrack shall pay all moneys
3     derived by that racetrack from simulcast wagering and
4     inter-track wagering during calendar years 2000 and 2001
5     that (1) are to be used for purses and (2) are generated
6     between the hours of 6:30 p.m. and 6:30 a.m. during 2000 or
7     2001 to the standardbred purse account at that racetrack to
8     be used for standardbred purses.
9         (8) Notwithstanding any provision in this Act to the
10     contrary, an organization licensee from a track located in
11     a county with a population in excess of 230,000 and that
12     borders the Mississippi River and its affiliated non-host
13     licensees shall not be entitled to share in any retention
14     generated on racing, inter-track wagering, or simulcast
15     wagering at any other Illinois wagering facility.
16         (8.1) Notwithstanding any provisions in this Act to the
17     contrary, if 2 organization licensees are conducting
18     standardbred race meetings concurrently between the hours
19     of 6:30 p.m. and 6:30 a.m., after payment of all applicable
20     State and local taxes and interstate commission fees, the
21     remainder of the amount retained from simulcast wagering
22     otherwise attributable to the host track and to host track
23     purses shall be split daily between the 2 organization
24     licensees and the purses at the tracks of the 2
25     organization licensees, respectively, based on each
26     organization licensee's share of the total live handle for
27     that day, provided that this provision shall not apply to
28     any non-host licensee that derives its license from a track
29     located in a county with a population in excess of 230,000
30     and that borders the Mississippi River.
31         (9) (Blank).
32         (10) (Blank).
33         (11) (Blank).
34         (12) The Board shall have authority to compel all host
35     tracks to receive the simulcast of any or all races
36     conducted at the Springfield or DuQuoin State fairgrounds

 

 

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1     and include all such races as part of their simulcast
2     programs.
3         (13) Notwithstanding any other provision of this Act,
4     in the event that the total Illinois pari-mutuel handle on
5     Illinois horse races at all wagering facilities in any
6     calendar year is less than 75% of the total Illinois
7     pari-mutuel handle on Illinois horse races at all such
8     wagering facilities for calendar year 1994, then each
9     wagering facility that has an annual total Illinois
10     pari-mutuel handle on Illinois horse races that is less
11     than 75% of the total Illinois pari-mutuel handle on
12     Illinois horse races at such wagering facility for calendar
13     year 1994, shall be permitted to receive, from any amount
14     otherwise payable to the purse account at the race track
15     with which the wagering facility is affiliated in the
16     succeeding calendar year, an amount equal to 2% of the
17     differential in total Illinois pari-mutuel handle on
18     Illinois horse races at the wagering facility between that
19     calendar year in question and 1994 provided, however, that
20     a wagering facility shall not be entitled to any such
21     payment until the Board certifies in writing to the
22     wagering facility the amount to which the wagering facility
23     is entitled and a schedule for payment of the amount to the
24     wagering facility, based on: (i) the racing dates awarded
25     to the race track affiliated with the wagering facility
26     during the succeeding year; (ii) the sums available or
27     anticipated to be available in the purse account of the
28     race track affiliated with the wagering facility for purses
29     during the succeeding year; and (iii) the need to ensure
30     reasonable purse levels during the payment period. The
31     Board's certification shall be provided no later than
32     January 31 of the succeeding year. In the event a wagering
33     facility entitled to a payment under this paragraph (13) is
34     affiliated with a race track that maintains purse accounts
35     for both standardbred and thoroughbred racing, the amount
36     to be paid to the wagering facility shall be divided

 

 

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1     between each purse account pro rata, based on the amount of
2     Illinois handle on Illinois standardbred and thoroughbred
3     racing respectively at the wagering facility during the
4     previous calendar year. Annually, the General Assembly
5     shall appropriate sufficient funds from the General
6     Revenue Fund to the Department of Agriculture for payment
7     into the thoroughbred and standardbred horse racing purse
8     accounts at Illinois pari-mutuel tracks. The amount paid to
9     each purse account shall be the amount certified by the
10     Illinois Racing Board in January to be transferred from
11     each account to each eligible racing facility in accordance
12     with the provisions of this Section.
13     (h) The Board may approve and license the conduct of
14 inter-track wagering and simulcast wagering by inter-track
15 wagering licensees and inter-track wagering location licensees
16 subject to the following terms and conditions:
17         (1) Any person licensed to conduct a race meeting (i)
18     at a track where 60 or more days of racing were conducted
19     during the immediately preceding calendar year or where
20     over the 5 immediately preceding calendar years an average
21     of 30 or more days of racing were conducted annually may be
22     issued an inter-track wagering license; (ii) at a track
23     located in a county that is bounded by the Mississippi
24     River, which has a population of less than 150,000
25     according to the 1990 decennial census, and an average of
26     at least 60 days of racing per year between 1985 and 1993
27     may be issued an inter-track wagering license; or (iii) at
28     a track located in Madison County that conducted at least
29     100 days of live racing during the immediately preceding
30     calendar year may be issued an inter-track wagering
31     license, unless a lesser schedule of live racing is the
32     result of (A) weather, unsafe track conditions, or other
33     acts of God; (B) an agreement between the organization
34     licensee and the associations representing the largest
35     number of owners, trainers, jockeys, or standardbred
36     drivers who race horses at that organization licensee's

 

 

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1     racing meeting; or (C) a finding by the Board of
2     extraordinary circumstances and that it was in the best
3     interest of the public and the sport to conduct fewer than
4     100 days of live racing. Any such person having operating
5     control of the racing facility may also receive up to 6
6     inter-track wagering location licenses. In no event shall
7     more than 6 inter-track wagering locations be established
8     for each eligible race track, except that an eligible race
9     track located in a county that has a population of more
10     than 230,000 and that is bounded by the Mississippi River
11     may establish up to 7 inter-track wagering locations. An
12     application for said license shall be filed with the Board
13     prior to such dates as may be fixed by the Board. With an
14     application for an inter-track wagering location license
15     there shall be delivered to the Board a certified check or
16     bank draft payable to the order of the Board for an amount
17     equal to $500. The application shall be on forms prescribed
18     and furnished by the Board. The application shall comply
19     with all other rules, regulations and conditions imposed by
20     the Board in connection therewith.
21         (2) The Board shall examine the applications with
22     respect to their conformity with this Act and the rules and
23     regulations imposed by the Board. If found to be in
24     compliance with the Act and rules and regulations of the
25     Board, the Board may then issue a license to conduct
26     inter-track wagering and simulcast wagering to such
27     applicant. All such applications shall be acted upon by the
28     Board at a meeting to be held on such date as may be fixed
29     by the Board.
30         (3) In granting licenses to conduct inter-track
31     wagering and simulcast wagering, the Board shall give due
32     consideration to the best interests of the public, of horse
33     racing, and of maximizing revenue to the State.
34         (4) Prior to the issuance of a license to conduct
35     inter-track wagering and simulcast wagering, the applicant
36     shall file with the Board a bond payable to the State of

 

 

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1     Illinois in the sum of $50,000, executed by the applicant
2     and a surety company or companies authorized to do business
3     in this State, and conditioned upon (i) the payment by the
4     licensee of all taxes due under Section 27 or 27.1 and any
5     other monies due and payable under this Act, and (ii)
6     distribution by the licensee, upon presentation of the
7     winning ticket or tickets, of all sums payable to the
8     patrons of pari-mutuel pools.
9         (5) Each license to conduct inter-track wagering and
10     simulcast wagering shall specify the person to whom it is
11     issued, the dates on which such wagering is permitted, and
12     the track or location where the wagering is to be
13     conducted.
14         (6) All wagering under such license is subject to this
15     Act and to the rules and regulations from time to time
16     prescribed by the Board, and every such license issued by
17     the Board shall contain a recital to that effect.
18         (7) An inter-track wagering licensee or inter-track
19     wagering location licensee may accept wagers at the track
20     or location where it is licensed, or as otherwise provided
21     under this Act.
22         (8) Inter-track wagering or simulcast wagering shall
23     not be conducted at any track less than 5 miles from a
24     track at which a racing meeting is in progress.
25         (8.1) Inter-track wagering location licensees who
26     derive their licenses from a particular organization
27     licensee shall conduct inter-track wagering and simulcast
28     wagering only at locations which are either within 90 miles
29     of that race track where the particular organization
30     licensee is licensed to conduct racing, or within 135 miles
31     of that race track where the particular organization
32     licensee is licensed to conduct racing in the case of race
33     tracks in counties of less than 400,000 that were operating
34     on or before June 1, 1986. However, inter-track wagering
35     and simulcast wagering shall not be conducted by those
36     licensees at any location within 5 miles of any race track

 

 

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1     at which a horse race meeting has been licensed in the
2     current year, unless the person having operating control of
3     such race track has given its written consent to such
4     inter-track wagering location licensees, which consent
5     must be filed with the Board at or prior to the time
6     application is made.
7         (8.2) Inter-track wagering or simulcast wagering shall
8     not be conducted by an inter-track wagering location
9     licensee at any location within 500 feet of an existing
10     church or existing school, nor within 500 feet of the
11     residences of more than 50 registered voters without
12     receiving written permission from a majority of the
13     registered voters at such residences. Such written
14     permission statements shall be filed with the Board. The
15     distance of 500 feet shall be measured to the nearest part
16     of any building used for worship services, education
17     programs, residential purposes, or conducting inter-track
18     wagering by an inter-track wagering location licensee, and
19     not to property boundaries. However, inter-track wagering
20     or simulcast wagering may be conducted at a site within 500
21     feet of a church, school or residences of 50 or more
22     registered voters if such church, school or residences have
23     been erected or established, or such voters have been
24     registered, after the Board issues the original
25     inter-track wagering location license at the site in
26     question. Inter-track wagering location licensees may
27     conduct inter-track wagering and simulcast wagering only
28     in areas that are zoned for commercial or manufacturing
29     purposes or in areas for which a special use has been
30     approved by the local zoning authority. However, no license
31     to conduct inter-track wagering and simulcast wagering
32     shall be granted by the Board with respect to any
33     inter-track wagering location within the jurisdiction of
34     any local zoning authority which has, by ordinance or by
35     resolution, prohibited the establishment of an inter-track
36     wagering location within its jurisdiction. However,

 

 

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1     inter-track wagering and simulcast wagering may be
2     conducted at a site if such ordinance or resolution is
3     enacted after the Board licenses the original inter-track
4     wagering location licensee for the site in question.
5         (9) (Blank).
6         (10) An inter-track wagering licensee or an
7     inter-track wagering location licensee may retain, subject
8     to the payment of the privilege taxes and the purses, an
9     amount not to exceed 17% of all money wagered. Each program
10     of racing conducted by each inter-track wagering licensee
11     or inter-track wagering location licensee shall be
12     considered a separate racing day for the purpose of
13     determining the daily handle and computing the privilege
14     tax or pari-mutuel tax on such daily handle as provided in
15     Section 27.
16         (10.1) Except as provided in subsection (g) of Section
17     27 of this Act, inter-track wagering location licensees
18     shall pay 1% of the pari-mutuel handle at each location to
19     the municipality in which such location is situated and 1%
20     of the pari-mutuel handle at each location to the county in
21     which such location is situated. In the event that an
22     inter-track wagering location licensee is situated in an
23     unincorporated area of a county, such licensee shall pay 2%
24     of the pari-mutuel handle from such location to such
25     county.
26         (10.2) Notwithstanding any other provision of this
27     Act, with respect to intertrack wagering at a race track
28     located in a county that has a population of more than
29     230,000 and that is bounded by the Mississippi River ("the
30     first race track"), or at a facility operated by an
31     inter-track wagering licensee or inter-track wagering
32     location licensee that derives its license from the
33     organization licensee that operates the first race track,
34     on races conducted at the first race track or on races
35     conducted at another Illinois race track and
36     simultaneously televised to the first race track or to a

 

 

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1     facility operated by an inter-track wagering licensee or
2     inter-track wagering location licensee that derives its
3     license from the organization licensee that operates the
4     first race track, those moneys shall be allocated as
5     follows:
6             (A) That portion of all moneys wagered on
7         standardbred racing that is required under this Act to
8         be paid to purses shall be paid to purses for
9         standardbred races.
10             (B) That portion of all moneys wagered on
11         thoroughbred racing that is required under this Act to
12         be paid to purses shall be paid to purses for
13         thoroughbred races.
14         (11) (A) After payment of the privilege or pari-mutuel
15     tax, any other applicable taxes, and the costs and expenses
16     in connection with the gathering, transmission, and
17     dissemination of all data necessary to the conduct of
18     inter-track wagering, the remainder of the monies retained
19     under either Section 26 or Section 26.2 of this Act by the
20     inter-track wagering licensee on inter-track wagering
21     shall be allocated with 50% to be split between the 2
22     participating licensees and 50% to purses, except that an
23     intertrack wagering licensee that derives its license from
24     a track located in a county with a population in excess of
25     230,000 and that borders the Mississippi River shall not
26     divide any remaining retention with the Illinois
27     organization licensee that provides the race or races, and
28     an intertrack wagering licensee that accepts wagers on
29     races 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 not
32     divide any remaining retention with that organization
33     licensee.
34         (B) From the sums permitted to be retained pursuant to
35     this Act each inter-track wagering location licensee shall
36     pay (i) the privilege or pari-mutuel tax to the State; (ii)

 

 

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1     4.75% of the pari-mutuel handle on intertrack wagering at
2     such location on races as purses, except that an intertrack
3     wagering location licensee that derives its license from a
4     track located in a county with a population in excess of
5     230,000 and that borders the Mississippi River shall retain
6     all purse moneys for its own purse account consistent with
7     distribution set forth in this subsection (h), and
8     intertrack wagering location licensees that accept wagers
9     on races conducted by an organization licensee located in a
10     county with a population in excess of 230,000 and that
11     borders the Mississippi River shall distribute all purse
12     moneys to purses at the operating host track; (iii) until
13     January 1, 2000, except as provided in subsection (g) of
14     Section 27 of this Act, 1% of the pari-mutuel handle
15     wagered on inter-track wagering and simulcast wagering at
16     each inter-track wagering location licensee facility to
17     the Horse Racing Tax Allocation Fund, provided that, to the
18     extent the total amount collected and distributed to the
19     Horse Racing Tax Allocation Fund under this subsection (h)
20     during any calendar year exceeds the amount collected and
21     distributed to the Horse Racing Tax Allocation Fund during
22     calendar year 1994, that excess amount shall be
23     redistributed (I) to all inter-track wagering location
24     licensees, based on each licensee's pro-rata share of the
25     total handle from inter-track wagering and simulcast
26     wagering for all inter-track wagering location licensees
27     during the calendar year in which this provision is
28     applicable; then (II) the amounts redistributed to each
29     inter-track wagering location licensee as described in
30     subpart (I) shall be further redistributed as provided in
31     subparagraph (B) of paragraph (5) of subsection (g) of this
32     Section 26 provided first, that the shares of those
33     amounts, which are to be redistributed to the host track or
34     to purses at the host track under subparagraph (B) of
35     paragraph (5) of subsection (g) of this Section 26 shall be
36     redistributed based on each host track's pro rata share of

 

 

SB1940 - 20 - LRB094 11491 AMC 42436 b

1     the total inter-track wagering and simulcast wagering
2     handle at all host tracks during the calendar year in
3     question, and second, that any amounts redistributed as
4     described in part (I) to an inter-track wagering location
5     licensee that accepts wagers on races conducted by an
6     organization licensee that conducts a race meet in a county
7     with a population in excess of 230,000 and that borders the
8     Mississippi River shall be further redistributed as
9     provided in subparagraphs (D) and (E) of paragraph (7) of
10     subsection (g) of this Section 26, with the portion of that
11     further redistribution allocated to purses at that
12     organization licensee to be divided between standardbred
13     purses and thoroughbred purses based on the amounts
14     otherwise allocated to purses at that organization
15     licensee during the calendar year in question; and (iv) 8%
16     of the pari-mutuel handle on inter-track wagering wagered
17     at such location to satisfy all costs and expenses of
18     conducting its wagering. The remainder of the monies
19     retained by the inter-track wagering location licensee
20     shall be allocated 40% to the location licensee and 60% to
21     the organization licensee which provides the Illinois
22     races to the location, except that an intertrack wagering
23     location licensee that derives its license from a track
24     located in a county with a population in excess of 230,000
25     and that borders the Mississippi River shall not divide any
26     remaining retention with the organization licensee that
27     provides the race or races and an intertrack wagering
28     location licensee that accepts wagers on races conducted by
29     an organization licensee that conducts a race meet in a
30     county with a population in excess of 230,000 and that
31     borders the Mississippi River shall not divide any
32     remaining retention with the organization licensee.
33     Notwithstanding the provisions of clauses (ii) and (iv) of
34     this paragraph, in the case of the additional inter-track
35     wagering location licenses authorized under paragraph (1)
36     of this subsection (h) by this amendatory Act of 1991,

 

 

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1     those licensees shall pay the following amounts as purses:
2     during the first 12 months the licensee is in operation,
3     5.25% of the pari-mutuel handle wagered at the location on
4     races; during the second 12 months, 5.25%; during the third
5     12 months, 5.75%; during the fourth 12 months, 6.25%; and
6     during the fifth 12 months and thereafter, 6.75%. The
7     following amounts shall be retained by the licensee to
8     satisfy all costs and expenses of conducting its wagering:
9     during the first 12 months the licensee is in operation,
10     8.25% of the pari-mutuel handle wagered at the location;
11     during the second 12 months, 8.25%; during the third 12
12     months, 7.75%; during the fourth 12 months, 7.25%; and
13     during the fifth 12 months and thereafter, 6.75%. For
14     additional intertrack wagering location licensees
15     authorized under this amendatory Act of 1995, purses for
16     the first 12 months the licensee is in operation shall be
17     5.75% of the pari-mutuel wagered at the location, purses
18     for the second 12 months the licensee is in operation shall
19     be 6.25%, and purses thereafter shall be 6.75%. For
20     additional intertrack location licensees authorized under
21     this amendatory Act of 1995, the licensee shall be allowed
22     to retain to satisfy all costs and expenses: 7.75% of the
23     pari-mutuel handle wagered at the location during its first
24     12 months of operation, 7.25% during its second 12 months
25     of operation, and 6.75% thereafter.
26         (C) There is hereby created the Horse Racing Tax
27     Allocation Fund which shall remain in existence until
28     December 31, 1999. Moneys remaining in the Fund after
29     December 31, 1999 shall be paid into the General Revenue
30     Fund. Until January 1, 2000, all monies paid into the Horse
31     Racing Tax Allocation Fund pursuant to this paragraph (11)
32     by inter-track wagering location licensees located in park
33     districts of 500,000 population or less, or in a
34     municipality that is not included within any park district
35     but is included within a conservation district and is the
36     county seat of a county that (i) is contiguous to the state

 

 

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1     of Indiana and (ii) has a 1990 population of 88,257
2     according to the United States Bureau of the Census, and
3     operating on May 1, 1994 shall be allocated by
4     appropriation as follows:
5             Two-sevenths to the Department of Agriculture.
6         Fifty percent of this two-sevenths shall be used to
7         promote the Illinois horse racing and breeding
8         industry, and shall be distributed by the Department of
9         Agriculture upon the advice of a 9-member committee
10         appointed by the Governor consisting of the following
11         members: the Director of Agriculture, who shall serve
12         as chairman; 2 representatives of organization
13         licensees conducting thoroughbred race meetings in
14         this State, recommended by those licensees; 2
15         representatives of organization licensees conducting
16         standardbred race meetings in this State, recommended
17         by those licensees; a representative of the Illinois
18         Thoroughbred Breeders and Owners Foundation,
19         recommended by that Foundation; a representative of
20         the Illinois Standardbred Owners and Breeders
21         Association, recommended by that Association; a
22         representative of the Horsemen's Benevolent and
23         Protective Association or any successor organization
24         thereto established in Illinois comprised of the
25         largest number of owners and trainers, recommended by
26         that Association or that successor organization; and a
27         representative of the Illinois Harness Horsemen's
28         Association, recommended by that Association.
29         Committee members shall serve for terms of 2 years,
30         commencing January 1 of each even-numbered year. If a
31         representative of any of the above-named entities has
32         not been recommended by January 1 of any even-numbered
33         year, the Governor shall appoint a committee member to
34         fill that position. Committee members shall receive no
35         compensation for their services as members but shall be
36         reimbursed for all actual and necessary expenses and

 

 

SB1940 - 23 - LRB094 11491 AMC 42436 b

1         disbursements incurred in the performance of their
2         official duties. The remaining 50% of this
3         two-sevenths shall be distributed to county fairs for
4         premiums and rehabilitation as set forth in the
5         Agricultural Fair Act;
6             Four-sevenths to park districts or municipalities
7         that do not have a park district of 500,000 population
8         or less for museum purposes (if an inter-track wagering
9         location licensee is located in such a park district)
10         or to conservation districts for museum purposes (if an
11         inter-track 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) is
15         contiguous to the state of Indiana and (ii) has a 1990
16         population of 88,257 according to the United States
17         Bureau of the Census, except that if the conservation
18         district does not maintain a museum, the monies shall
19         be allocated equally between the county and the
20         municipality in which the inter-track wagering
21         location licensee is located for general purposes) or
22         to a municipal recreation board for park purposes (if
23         an inter-track wagering location licensee is located
24         in a municipality that is not included within any park
25         district and park maintenance is the function of the
26         municipal recreation board and the municipality has a
27         1990 population of 9,302 according to the United States
28         Bureau of the Census); provided that the monies are
29         distributed to each park district or conservation
30         district or municipality that does not have a park
31         district in an amount equal to four-sevenths of the
32         amount collected by each inter-track wagering location
33         licensee within the park district or conservation
34         district or municipality for the Fund. Monies that were
35         paid into the Horse Racing Tax Allocation Fund before
36         the effective date of this amendatory Act of 1991 by an

 

 

SB1940 - 24 - LRB094 11491 AMC 42436 b

1         inter-track wagering location licensee located in a
2         municipality that is not included within any park
3         district but is included within a conservation
4         district as provided in this paragraph shall, as soon
5         as practicable after the effective date of this
6         amendatory Act of 1991, be allocated and paid to that
7         conservation district as provided in this paragraph.
8         Any park district or municipality not maintaining a
9         museum may deposit the monies in the corporate fund of
10         the park district or municipality where the
11         inter-track wagering location is located, to be used
12         for general purposes; and
13             One-seventh to the Agricultural Premium Fund to be
14         used for distribution to agricultural home economics
15         extension councils in accordance with "An Act in
16         relation to additional support and finances for the
17         Agricultural and Home Economic Extension Councils in
18         the several counties of this State and making an
19         appropriation therefor", approved July 24, 1967.
20         Until January 1, 2000, all other monies paid into the
21     Horse Racing Tax Allocation Fund pursuant to this paragraph
22     (11) shall be allocated by appropriation as follows:
23             Two-sevenths to the Department of Agriculture.
24         Fifty percent of this two-sevenths shall be used to
25         promote the Illinois horse racing and breeding
26         industry, and shall be distributed by the Department of
27         Agriculture upon the advice of a 9-member committee
28         appointed by the Governor consisting of the following
29         members: the Director of Agriculture, who shall serve
30         as chairman; 2 representatives of organization
31         licensees conducting thoroughbred race meetings in
32         this State, recommended by those licensees; 2
33         representatives of organization licensees conducting
34         standardbred race meetings in this State, recommended
35         by those licensees; a representative of the Illinois
36         Thoroughbred Breeders and Owners Foundation,

 

 

SB1940 - 25 - LRB094 11491 AMC 42436 b

1         recommended by that Foundation; a representative of
2         the Illinois Standardbred Owners and Breeders
3         Association, recommended by that Association; a
4         representative of the Horsemen's Benevolent and
5         Protective Association or any successor organization
6         thereto established in Illinois comprised of the
7         largest number of owners and trainers, recommended by
8         that Association or that successor organization; and a
9         representative of the Illinois Harness Horsemen's
10         Association, recommended by that Association.
11         Committee members shall serve for terms of 2 years,
12         commencing January 1 of each even-numbered year. If a
13         representative of any of the above-named entities has
14         not been recommended by January 1 of any even-numbered
15         year, the Governor shall appoint a committee member to
16         fill that position. Committee members shall receive no
17         compensation for their services as members but shall be
18         reimbursed for all actual and necessary expenses and
19         disbursements incurred in the performance of their
20         official duties. The remaining 50% of this
21         two-sevenths shall be distributed to county fairs for
22         premiums and rehabilitation as set forth in the
23         Agricultural Fair Act;
24             Four-sevenths to museums and aquariums located in
25         park districts of over 500,000 population; provided
26         that the monies are distributed in accordance with the
27         previous year's distribution of the maintenance tax
28         for such museums and aquariums as provided in Section 2
29         of the Park District Aquarium and Museum Act; and
30             One-seventh to the Agricultural Premium Fund to be
31         used for distribution to agricultural home economics
32         extension councils in accordance with "An Act in
33         relation to additional support and finances for the
34         Agricultural and Home Economic Extension Councils in
35         the several counties of this State and making an
36         appropriation therefor", approved July 24, 1967. This

 

 

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1         subparagraph (C) shall be inoperative and of no force
2         and effect on and after January 1, 2000.
3             (D) Except as provided in paragraph (11) of this
4         subsection (h), with respect to purse allocation from
5         intertrack wagering, the monies so retained shall be
6         divided as follows:
7                 (i) If the inter-track wagering licensee,
8             except an intertrack wagering licensee that
9             derives its license from an organization licensee
10             located in a county with a population in excess of
11             230,000 and bounded by the Mississippi River, is
12             not conducting its own race meeting during the same
13             dates, then the entire purse allocation shall be to
14             purses at the track where the races wagered on are
15             being conducted.
16                 (ii) If the inter-track wagering licensee,
17             except an intertrack wagering licensee that
18             derives its license from an organization licensee
19             located in a county with a population in excess of
20             230,000 and bounded by the Mississippi River, is
21             also conducting its own race meeting during the
22             same dates, then the purse allocation shall be as
23             follows: 50% to purses at the track where the races
24             wagered on are being conducted; 50% to purses at
25             the track where the inter-track wagering licensee
26             is accepting such wagers.
27                 (iii) If the inter-track wagering is being
28             conducted by an inter-track wagering location
29             licensee, except an intertrack wagering location
30             licensee that derives its license from an
31             organization licensee located in a county with a
32             population in excess of 230,000 and bounded by the
33             Mississippi River, the entire purse allocation for
34             Illinois races shall be to purses at the track
35             where the race meeting being wagered on is being
36             held.

 

 

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1         (12) The Board shall have all powers necessary and
2     proper to fully supervise and control the conduct of
3     inter-track wagering and simulcast wagering by inter-track
4     wagering licensees and inter-track wagering location
5     licensees, including, but not limited to the following:
6             (A) The Board is vested with power to promulgate
7         reasonable rules and regulations for the purpose of
8         administering the conduct of this wagering and to
9         prescribe reasonable rules, regulations and conditions
10         under which such wagering shall be held and conducted.
11         Such rules and regulations are to provide for the
12         prevention of practices detrimental to the public
13         interest and for the best interests of said wagering
14         and to impose penalties for violations thereof.
15             (B) The Board, and any person or persons to whom it
16         delegates this power, is vested with the power to enter
17         the facilities of any licensee to determine whether
18         there has been compliance with the provisions of this
19         Act and the rules and regulations relating to the
20         conduct of such wagering.
21             (C) The Board, and any person or persons to whom it
22         delegates this power, may eject or exclude from any
23         licensee's facilities, any person whose conduct or
24         reputation is such that his presence on such premises
25         may, in the opinion of the Board, call into the
26         question the honesty and integrity of, or interfere
27         with the orderly conduct of such wagering; provided,
28         however, that no person shall be excluded or ejected
29         from such premises solely on the grounds of race,
30         color, creed, national origin, ancestry, or sex.
31             (D) (Blank).
32             (E) The Board is vested with the power to appoint
33         delegates to execute any of the powers granted to it
34         under this Section for the purpose of administering
35         this wagering and any rules and regulations
36         promulgated in accordance with this Act.

 

 

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1             (F) The Board shall name and appoint a State
2         director of this wagering who shall be a representative
3         of the Board and whose duty it shall be to supervise
4         the conduct of inter-track wagering as may be provided
5         for by the rules and regulations of the Board; such
6         rules and regulation shall specify the method of
7         appointment and the Director's powers, authority and
8         duties.
9             (G) The Board is vested with the power to impose
10         civil penalties of up to $5,000 against individuals and
11         up to $10,000 against licensees for each violation of
12         any provision of this Act relating to the conduct of
13         this wagering, any rules adopted by the Board, any
14         order of the Board or any other action which in the
15         Board's discretion, is a detriment or impediment to
16         such wagering.
17         (13) The Department of Agriculture may enter into
18     agreements with licensees authorizing such licensees to
19     conduct inter-track wagering on races to be held at the
20     licensed race meetings conducted by the Department of
21     Agriculture. Such agreement shall specify the races of the
22     Department of Agriculture's licensed race meeting upon
23     which the licensees will conduct wagering. In the event
24     that a licensee conducts inter-track pari-mutuel wagering
25     on races from the Illinois State Fair or DuQuoin State Fair
26     which are in addition to the licensee's previously approved
27     racing program, those races shall be considered a separate
28     racing day for the purpose of determining the daily handle
29     and computing the privilege or pari-mutuel tax on that
30     daily handle as provided in Sections 27 and 27.1. Such
31     agreements shall be approved by the Board before such
32     wagering may be conducted. In determining whether to grant
33     approval, the Board shall give due consideration to the
34     best interests of the public and of horse racing. The
35     provisions of paragraphs (1), (8), (8.1), and (8.2) of
36     subsection (h) of this Section which are not specified in

 

 

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1     this paragraph (13) shall not apply to licensed race
2     meetings conducted by the Department of Agriculture at the
3     Illinois State Fair in Sangamon County or the DuQuoin State
4     Fair in Perry County, or to any wagering conducted on those
5     race meetings.
6     (i) Notwithstanding the other provisions of this Act, the
7 conduct of wagering at wagering facilities is authorized on all
8 days, except as limited by subsection (b) of Section 19 of this
9 Act.
10 (Source: P.A. 91-40, eff. 6-25-99; 92-211, eff. 8-2-01.)
 
11     (230 ILCS 5/34.2 new)
12     Sec. 34.2. Limitation on automated teller machines, cash
13 loans, and post-dated checks.
14     (a) An organization licensee shall not engage in or
15 authorize any of the following at its race track or on the
16 grounds of any of its inter-track wagering facilities:
17         (1) the loaning of cash to any person; or
18         (2) the accepting of a post-dated check.
19     (b) The prohibition in paragraph (1) of subsection (a)
20 against loaning cash shall not prohibit an organization
21 licensee from authorizing a person to establish a line of
22 credit with the organization licensee.
23     (c) A violation of this Section is a Class C misdemeanor.
 
24     Section 15. The Riverboat Gambling Act is amended by
25 changing Sections 11 and 18 and adding Section 13.2 as follows:
 
26     (230 ILCS 10/11)  (from Ch. 120, par. 2411)
27     Sec. 11. Conduct of gambling. Gambling may be conducted by
28 licensed owners or licensed managers on behalf of the State
29 aboard riverboats, subject to the following standards:
30         (1) A licensee may conduct riverboat gambling
31     authorized under this Act regardless of whether it conducts
32     excursion cruises. A licensee may permit the continuous
33     ingress and egress of passengers for the purpose of

 

 

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1     gambling.
2         (1.1) A license may not conduct gambling between the
3     hours of 3:00 A.M. and 5:00 A.M.
4         (2) (Blank).
5         (3) Minimum and maximum wagers on games shall be set by
6     the licensee.
7         (4) Agents of the Board and the Department of State
8     Police may board and inspect any riverboat at any time for
9     the purpose of determining whether this Act is being
10     complied with. Every riverboat, if under way and being
11     hailed by a law enforcement officer or agent of the Board,
12     must stop immediately and lay to.
13         (5) Employees of the Board shall have the right to be
14     present on the riverboat or on adjacent facilities under
15     the control of the licensee.
16         (6) Gambling equipment and supplies customarily used
17     in conducting riverboat gambling must be purchased or
18     leased only from suppliers licensed for such purpose under
19     this Act.
20         (7) Persons licensed under this Act shall permit no
21     form of wagering on gambling games except as permitted by
22     this Act.
23         (8) Wagers may be received only from a person present
24     on a licensed riverboat. No person present on a licensed
25     riverboat shall place or attempt to place a wager on behalf
26     of another person who is not present on the riverboat.
27         (9) Wagering shall not be conducted with money or other
28     negotiable currency.
29         (10) A person under age 21 shall not be permitted on an
30     area of a riverboat where gambling is being conducted,
31     except for a person at least 18 years of age who is an
32     employee of the riverboat gambling operation. No employee
33     under age 21 shall perform any function involved in
34     gambling by the patrons. No person under age 21 shall be
35     permitted to make a wager under this Act.
36         (11) Gambling excursion cruises are permitted only

 

 

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1     when the waterway for which the riverboat is licensed is
2     navigable, as determined by the Board in consultation with
3     the U.S. Army Corps of Engineers. This paragraph (11) does
4     not limit the ability of a licensee to conduct gambling
5     authorized under this Act when gambling excursion cruises
6     are not permitted.
7         (12) All tokens, chips or electronic cards used to make
8     wagers must be purchased from a licensed owner or manager
9     either aboard a riverboat or at an onshore facility which
10     has been approved by the Board and which is located where
11     the riverboat docks. The tokens, chips or electronic cards
12     may be purchased by means of an agreement under which the
13     owner or manager extends credit to the patron. Such tokens,
14     chips or electronic cards may be used while aboard the
15     riverboat only for the purpose of making wagers on gambling
16     games.
17         (13) Notwithstanding any other Section of this Act, in
18     addition to the other licenses authorized under this Act,
19     the Board may issue special event licenses allowing persons
20     who are not otherwise licensed to conduct riverboat
21     gambling to conduct such gambling on a specified date or
22     series of dates. Riverboat gambling under such a license
23     may take place on a riverboat not normally used for
24     riverboat gambling. The Board shall establish standards,
25     fees and fines for, and limitations upon, such licenses,
26     which may differ from the standards, fees, fines and
27     limitations otherwise applicable under this Act. All such
28     fees shall be deposited into the State Gaming Fund. All
29     such fines shall be deposited into the Education Assistance
30     Fund, created by Public Act 86-0018, of the State of
31     Illinois.
32         (14) In addition to the above, gambling must be
33     conducted in accordance with all rules adopted by the
34     Board.
35 (Source: P.A. 93-28, eff. 6-20-03.)
 

 

 

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1     (230 ILCS 10/13.2 new)
2     Sec. 13.2. Limitation on automated teller machines, cash
3 loans, and post-dated checks.
4     (a) An owners licensee shall not engage in or authorize any
5 of the following on board its riverboat or on its dock:
6         (1) the loaning of cash to any person; or
7         (2) the accepting of a post-dated check.
8     (b) The prohibition in paragraph (1) of subsection (a)
9 against loaning cash shall not prohibit an owners licensee from
10 authorizing a person to establish a line of credit with the
11 owners licensee.
 
12     (230 ILCS 10/18)  (from Ch. 120, par. 2418)
13     Sec. 18. Prohibited Activities - Penalty.
14     (a) A person is guilty of a Class A misdemeanor for doing
15 any of the following:
16         (1) Conducting gambling where wagering is used or to be
17     used without a license issued by the Board.
18         (2) Conducting gambling where wagering is permitted
19     other than in the manner specified by Section 11.
20     (b) A person is guilty of a Class B misdemeanor for doing
21 any of the following:
22         (1) permitting a person under 21 years to make a wager;
23     or
24         (2) violating paragraph (12) of subsection (a) of
25     Section 11 of this Act.
26     (b-1) A person is guilty of a Class C misdemeanor for
27 violating Section 13.2 of this Act.
28     (c) A person wagering or accepting a wager at any location
29 outside the riverboat is subject to the penalties in paragraphs
30 (1) or (2) of subsection (a) of Section 28-1 of the Criminal
31 Code of 1961.
32     (d) A person commits a Class 4 felony and, in addition,
33 shall be barred for life from riverboats under the jurisdiction
34 of the Board, if the person does any of the following:
35         (1) Offers, promises, or gives anything of value or

 

 

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1     benefit to a person who is connected with a riverboat owner
2     including, but not limited to, an officer or employee of a
3     licensed owner or holder of an occupational license
4     pursuant to an agreement or arrangement or with the intent
5     that the promise or thing of value or benefit will
6     influence the actions of the person to whom the offer,
7     promise, or gift was made in order to affect or attempt to
8     affect the outcome of a gambling game, or to influence
9     official action of a member of the Board.
10         (2) Solicits or knowingly accepts or receives a promise
11     of anything of value or benefit while the person is
12     connected with a riverboat including, but not limited to,
13     an officer or employee of a licensed owner, or holder of an
14     occupational license, pursuant to an understanding or
15     arrangement or with the intent that the promise or thing of
16     value or benefit will influence the actions of the person
17     to affect or attempt to affect the outcome of a gambling
18     game, or to influence official action of a member of the
19     Board.
20         (3) Uses or possesses with the intent to use a device
21     to assist:
22             (i) In projecting the outcome of the game.
23             (ii) In keeping track of the cards played.
24             (iii) In analyzing the probability of the
25         occurrence of an event relating to the gambling game.
26             (iv) In analyzing the strategy for playing or
27         betting to be used in the game except as permitted by
28         the Board.
29         (4) Cheats at a gambling game.
30         (5) Manufactures, sells, or distributes any cards,
31     chips, dice, game or device which is intended to be used to
32     violate any provision of this Act.
33         (6) Alters or misrepresents the outcome of a gambling
34     game on which wagers have been made after the outcome is
35     made sure but before it is revealed to the players.
36         (7) Places a bet after acquiring knowledge, not

 

 

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1     available to all players, of the outcome of the gambling
2     game which is subject of the bet or to aid a person in
3     acquiring the knowledge for the purpose of placing a bet
4     contingent on that outcome.
5         (8) Claims, collects, or takes, or attempts to claim,
6     collect, or take, money or anything of value in or from the
7     gambling games, with intent to defraud, without having made
8     a wager contingent on winning a gambling game, or claims,
9     collects, or takes an amount of money or thing of value of
10     greater value than the amount won.
11         (9) Uses counterfeit chips or tokens in a gambling
12     game.
13         (10) Possesses any key or device designed for the
14     purpose of opening, entering, or affecting the operation of
15     a gambling game, drop box, or an electronic or mechanical
16     device connected with the gambling game or for removing
17     coins, tokens, chips or other contents of a gambling game.
18     This paragraph (10) does not apply to a gambling licensee
19     or employee of a gambling licensee acting in furtherance of
20     the employee's employment.
21     (e) The possession of more than one of the devices
22 described in subsection (d), paragraphs (3), (5) or (10)
23 permits a rebuttable presumption that the possessor intended to
24 use the devices for cheating.
25     An action to prosecute any crime occurring on a riverboat
26 shall be tried in the county of the dock at which the riverboat
27 is based.
28 (Source: P.A. 91-40, eff. 6-25-99.)
 
29     Section 99. Effective date. This Act takes effect upon
30 becoming law.