100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3669

 

Introduced , by Rep. Jay Hoffman

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Illinois Horse Racing Act of 1975 and the Riverboat Gambling Act to authorize electronic gaming at race tracks (and makes conforming changes in the Criminal Code of 2012). Further amends the Illinois Horse Racing Act of 1975. Indefinitely extends the authorization for advance deposit wagering. Contains provisions concerning testing of horses at county fairs and standardbred horses. Makes changes concerning the Illinois Racing Board, the award of race dates under the Act, the Illinois Thoroughbred Breeders Fund, and the Illinois Racing Quarter Horse Breeders Fund. Further amends the Riverboat Gambling Act. Requires that certain fees related to electronic gaming shall be deposited into the Gaming Facilities Fee Revenue Fund. Makes changes in provisions concerning the admission tax and privilege tax. Makes other changes. Amends the State Finance Act create the Gaming Facilities Fee Revenue Fund as a special fund within the State treasury. Contains a severability provision. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3669LRB100 10629 AMC 20852 b

1    AN ACT concerning gaming.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Finance Act is amended by adding
5Sections 5.878 and 6z-102 as follows:
 
6    (30 ILCS 105/5.878 new)
7    Sec. 5.878. The Gaming Facilities Fee Revenue Fund.
 
8    (30 ILCS 105/6z-102 new)
9    Sec. 6z-102. The Gaming Facilities Fee Revenue Fund.
10    (a) The Gaming Facilities Fee Revenue Fund is created as a
11special fund in the State treasury.
12    (b) The revenues in the Fund shall be used, subject to
13appropriation, by the Comptroller for the purpose of (i)
14providing appropriations to the Illinois Gaming Board for the
15administration and enforcement of the Riverboat Gambling Act
16and (ii) payment of vouchers that are outstanding for more than
1760 days. Whenever practical, the Comptroller must prioritize
18voucher payments for expenses related to medical assistance
19under the Illinois Public Aid Code, the Children's Health
20Insurance Program Act, and the Covering ALL KIDS Health
21Insurance Act.
22    (c) The Fund shall consist of fee revenues received

 

 

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1pursuant to subsections (b), (c), (d), and (k) of Section 7.7
2of the Riverboat Gambling Act. All interest earned on moneys in
3the Fund shall be deposited into the Fund.
4    (d) The Fund shall not be subject to administrative charges
5or chargebacks, including, but not limited to, those authorized
6under subsection (h) of Section 8 of this Act.
 
7    Section 10. The Illinois Horse Racing Act of 1975 is
8amended by changing Sections 1.2, 3.11, 3.12, 6, 9, 15, 18, 19,
920, 21, 24, 25, 26, 26.8, 26.9, 27, 30, 30.5, 31, 32.1, 36, 40,
10and 54.75 and by adding Sections 3.31, 3.32, 3.33, 3.35, 3.36,
1134.3, and 56 as follows:
 
12    (230 ILCS 5/1.2)
13    Sec. 1.2. Legislative intent. This Act is intended to
14benefit the people of the State of Illinois by encouraging the
15breeding and production of race horses, assisting economic
16development and promoting Illinois tourism. The General
17Assembly finds and declares it to be the public policy of the
18State of Illinois to:
19    (a) support and enhance Illinois' horse racing industry,
20which is a significant component within the agribusiness
21industry;
22    (b) ensure that Illinois' horse racing industry remains
23competitive with neighboring states;
24    (c) stimulate growth within Illinois' horse racing

 

 

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1industry, thereby encouraging new investment and development
2to produce additional tax revenues and to create additional
3jobs;
4    (d) promote the further growth of tourism;
5    (e) encourage the breeding of thoroughbred and
6standardbred horses in this State; and
7    (f) ensure that public confidence and trust in the
8credibility and integrity of racing operations and the
9regulatory process is maintained.
10(Source: P.A. 91-40, eff. 6-25-99.)
 
11    (230 ILCS 5/3.11)  (from Ch. 8, par. 37-3.11)
12    Sec. 3.11. "Organization Licensee" means any person
13receiving an organization license from the Board to conduct a
14race meeting or meetings. With respect only to electronic
15gaming, "organization licensee" includes the authorization for
16an electronic gaming license under subsection (a) of Section 56
17of this Act.
18(Source: P.A. 79-1185.)
 
19    (230 ILCS 5/3.12)  (from Ch. 8, par. 37-3.12)
20    Sec. 3.12. Pari-mutuel system of wagering. "Pari-mutuel
21system of wagering" means a form of wagering on the outcome of
22horse races in which wagers are made in various denominations
23on a horse or horses and all wagers for each race are pooled
24and held by a licensee for distribution in a manner approved by

 

 

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1the Board. "Pari-mutuel system of wagering" shall not include
2wagering on historic races. Wagers may be placed via any method
3or at any location authorized under this Act.
4(Source: P.A. 96-762, eff. 8-25-09.)
 
5    (230 ILCS 5/3.31 new)
6    Sec. 3.31. Adjusted gross receipts. "Adjusted gross
7receipts" means the gross receipts less winnings paid to
8wagerers.
 
9    (230 ILCS 5/3.32 new)
10    Sec. 3.32. Gross receipts. "Gross receipts" means the total
11amount of money exchanged for the purchase of chips, tokens, or
12electronic cards by riverboat patrons or electronic gaming
13patrons.
 
14    (230 ILCS 5/3.33 new)
15    Sec. 3.33. Electronic gaming. "Electronic gaming" means
16slot machine gambling, video game of chance gambling, or
17gambling with electronic gambling games as defined in the
18Riverboat Gambling Act or defined by the Illinois Gaming Board
19that is conducted at a race track pursuant to an electronic
20gaming license.
 
21    (230 ILCS 5/3.35 new)
22    Sec. 3.35. Electronic gaming license. "Electronic gaming

 

 

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1license" means a license issued by the Illinois Gaming Board
2under Section 7.7 of the Riverboat Gambling Act authorizing
3electronic gaming at an electronic gaming facility.
 
4    (230 ILCS 5/3.36 new)
5    Sec. 3.36. Electronic gaming facility. "Electronic gaming
6facility" means that portion of an organization licensee's race
7track facility at which electronic gaming is conducted.
 
8    (230 ILCS 5/6)  (from Ch. 8, par. 37-6)
9    Sec. 6. Restrictions on Board members.
10    (a) No person shall be appointed a member of the Board or
11continue to be a member of the Board if the person or any
12member of their immediate family is a member of the Board of
13Directors, employee, or financially interested in any of the
14following: (i) any licensee or other person who has applied for
15racing dates to the Board, or the operations thereof including,
16but not limited to, concessions, data processing, track
17maintenance, track security, and pari-mutuel operations,
18located, scheduled or doing business within the State of
19Illinois, (ii) any race horse competing at a meeting under the
20Board's jurisdiction, or (iii) any licensee under the Riverboat
21Gambling Act. No person shall be appointed a member of the
22Board or continue to be a member of the Board who is (or any
23member of whose family is) a member of the Board of Directors
24of, or who is a person financially interested in, any licensee

 

 

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1or other person who has applied for racing dates to the Board,
2or the operations thereof including, but not limited to,
3concessions, data processing, track maintenance, track
4security and pari-mutuel operations, located, scheduled or
5doing business within the State of Illinois, or in any race
6horse competing at a meeting under the Board's jurisdiction. No
7Board member shall hold any other public office for which he
8shall receive compensation other than necessary travel or other
9incidental expenses.
10    (b) No person shall be a member of the Board who is not of
11good moral character or who has been convicted of, or is under
12indictment for, a felony under the laws of Illinois or any
13other state, or the United States.
14    (c) No member of the Board or employee shall engage in any
15political activity.
16    For the purposes of this subsection (c):
17    "Political" means any activity in support of or in
18connection with any campaign for State or local elective office
19or any political organization, but does not include activities
20(i) relating to the support or opposition of any executive,
21legislative, or administrative action (as those terms are
22defined in Section 2 of the Lobbyist Registration Act), (ii)
23relating to collective bargaining, or (iii) that are otherwise
24in furtherance of the person's official State duties or
25governmental and public service functions.
26    "Political organization" means a party, committee,

 

 

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1association, fund, or other organization (whether or not
2incorporated) that is required to file a statement of
3organization with the State Board of Elections or county clerk
4under Section 9-3 of the Election Code, but only with regard to
5those activities that require filing with the State Board of
6Elections or county clerk.
7    (d) Board members and employees may not engage in
8communications or any activity that may cause or have the
9appearance of causing a conflict of interest. A conflict of
10interest exists if a situation influences or creates the
11appearance that it may influence judgment or performance of
12regulatory duties and responsibilities. This prohibition shall
13extend to any act identified by Board action that, in the
14judgment of the Board, could represent the potential for or the
15appearance of a conflict of interest.
16    (e) Board members and employees may not accept any gift,
17gratuity, service, compensation, travel, lodging, or thing of
18value, with the exception of unsolicited items of an incidental
19nature, from any person, corporation, limited liability
20company, or entity doing business with the Board.
21    (f) A Board member or employee shall not use or attempt to
22use his or her official position to secure, or attempt to
23secure, any privilege, advantage, favor, or influence for
24himself or herself or others. No Board member or employee,
25within a period of one year immediately preceding nomination by
26the Governor or employment, shall have been employed or

 

 

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1received compensation or fees for services from a person or
2entity, or its parent or affiliate, that has engaged in
3business with the Board, a licensee or a licensee under the
4Riverboat Gambling Act. In addition, all Board members and
5employees are subject to the restrictions set forth in Section
65-45 of the State Officials and Employees Ethics Act.
7(Source: P.A. 89-16, eff. 5-30-95.)
 
8    (230 ILCS 5/9)  (from Ch. 8, par. 37-9)
9    Sec. 9. The Board shall have all powers necessary and
10proper to fully and effectively execute the provisions of this
11Act, including, but not limited to, the following:
12    (a) The Board is vested with jurisdiction and supervision
13over all race meetings in this State, over all licensees doing
14business in this State, over all occupation licensees, and over
15all persons on the facilities of any licensee. Such
16jurisdiction shall include the power to issue licenses to the
17Illinois Department of Agriculture authorizing the pari-mutuel
18system of wagering on harness and Quarter Horse races held (1)
19at the Illinois State Fair in Sangamon County, and (2) at the
20DuQuoin State Fair in Perry County. The jurisdiction of the
21Board shall also include the power to issue licenses to county
22fairs which are eligible to receive funds pursuant to the
23Agricultural Fair Act, as now or hereafter amended, or their
24agents, authorizing the pari-mutuel system of wagering on horse
25races conducted at the county fairs receiving such licenses.

 

 

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1Such licenses shall be governed by subsection (n) of this
2Section.
3    Upon application, the Board shall issue a license to the
4Illinois Department of Agriculture to conduct harness and
5Quarter Horse races at the Illinois State Fair and at the
6DuQuoin State Fairgrounds during the scheduled dates of each
7fair. The Board shall not require and the Department of
8Agriculture shall be exempt from the requirements of Sections
915.3, 18 and 19, paragraphs (a)(2), (b), (c), (d), (e), (e-5),
10(e-10), (f), (g), and (h) of Section 20, and Sections 21, 24
11and 25. The Board and the Department of Agriculture may extend
12any or all of these exemptions to any contractor or agent
13engaged by the Department of Agriculture to conduct its race
14meetings when the Board determines that this would best serve
15the public interest and the interest of horse racing.
16    Notwithstanding any provision of law to the contrary, it
17shall be lawful for any licensee to operate pari-mutuel
18wagering or contract with the Department of Agriculture to
19operate pari-mutuel wagering at the DuQuoin State Fairgrounds
20or for the Department to enter into contracts with a licensee,
21employ its owners, employees or agents and employ such other
22occupation licensees as the Department deems necessary in
23connection with race meetings and wagerings.
24    (b) The Board is vested with the full power to promulgate
25reasonable rules and regulations for the purpose of
26administering the provisions of this Act and to prescribe

 

 

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1reasonable rules, regulations and conditions under which all
2horse race meetings or wagering in the State shall be
3conducted. Such reasonable rules and regulations are to provide
4for the prevention of practices detrimental to the public
5interest and to promote the best interests of horse racing and
6to impose penalties for violations thereof.
7    (c) The Board, and any person or persons to whom it
8delegates this power, is vested with the power to enter the
9facilities and other places of business of any licensee to
10determine whether there has been compliance with the provisions
11of this Act and its rules and regulations.
12    (d) The Board, and any person or persons to whom it
13delegates this power, is vested with the authority to
14investigate alleged violations of the provisions of this Act,
15its reasonable rules and regulations, orders and final
16decisions; the Board shall take appropriate disciplinary
17action against any licensee or occupation licensee for
18violation thereof or institute appropriate legal action for the
19enforcement thereof.
20    (e) The Board, and any person or persons to whom it
21delegates this power, may eject or exclude from any race
22meeting or the facilities of any licensee, or any part thereof,
23any occupation licensee or any other individual whose conduct
24or reputation is such that his presence on those facilities
25may, in the opinion of the Board, call into question the
26honesty and integrity of horse racing or wagering or interfere

 

 

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1with the orderly conduct of horse racing or wagering; provided,
2however, that no person shall be excluded or ejected from the
3facilities of any licensee solely on the grounds of race,
4color, creed, national origin, ancestry, or sex. The power to
5eject or exclude an occupation licensee or other individual may
6be exercised for just cause by the licensee or the Board,
7subject to subsequent hearing by the Board as to the propriety
8of said exclusion.
9    (f) The Board is vested with the power to acquire,
10establish, maintain and operate (or provide by contract to
11maintain and operate) testing laboratories and related
12facilities, for the purpose of conducting saliva, blood, urine
13and other tests on the horses run or to be run in any horse race
14meeting, including races run at county fairs, and to purchase
15all equipment and supplies deemed necessary or desirable in
16connection with any such testing laboratories and related
17facilities and all such tests.
18    (g) The Board may require that the records, including
19financial or other statements of any licensee or any person
20affiliated with the licensee who is involved directly or
21indirectly in the activities of any licensee as regulated under
22this Act to the extent that those financial or other statements
23relate to such activities be kept in such manner as prescribed
24by the Board, and that Board employees shall have access to
25those records during reasonable business hours. Within 120 days
26of the end of its fiscal year, each licensee shall transmit to

 

 

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1the Board an audit of the financial transactions and condition
2of the licensee's total operations. All audits shall be
3conducted by certified public accountants. Each certified
4public accountant must be registered in the State of Illinois
5under the Illinois Public Accounting Act. The compensation for
6each certified public accountant shall be paid directly by the
7licensee to the certified public accountant. A licensee shall
8also submit any other financial or related information the
9Board deems necessary to effectively administer this Act and
10all rules, regulations, and final decisions promulgated under
11this Act.
12    (h) The Board shall name and appoint in the manner provided
13by the rules and regulations of the Board: an Executive
14Director; a State director of mutuels; State veterinarians and
15representatives to take saliva, blood, urine and other tests on
16horses; licensing personnel; revenue inspectors; and State
17seasonal employees (excluding admission ticket sellers and
18mutuel clerks). All of those named and appointed as provided in
19this subsection shall serve during the pleasure of the Board;
20their compensation shall be determined by the Board and be paid
21in the same manner as other employees of the Board under this
22Act.
23    (i) The Board shall require that there shall be 3 stewards
24at each horse race meeting, at least 2 of whom shall be named
25and appointed by the Board. Stewards appointed or approved by
26the Board, while performing duties required by this Act or by

 

 

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1the Board, shall be entitled to the same rights and immunities
2as granted to Board members and Board employees in Section 10
3of this Act.
4    (j) The Board may discharge any Board employee who fails or
5refuses for any reason to comply with the rules and regulations
6of the Board, or who, in the opinion of the Board, is guilty of
7fraud, dishonesty or who is proven to be incompetent. The Board
8shall have no right or power to determine who shall be
9officers, directors or employees of any licensee, or their
10salaries except the Board may, by rule, require that all or any
11officials or employees in charge of or whose duties relate to
12the actual running of races be approved by the Board.
13    (k) The Board is vested with the power to appoint delegates
14to execute any of the powers granted to it under this Section
15for the purpose of administering this Act and any rules or
16regulations promulgated in accordance with this Act.
17    (l) The Board is vested with the power to impose civil
18penalties of up to $5,000 against an individual and up to
19$10,000 against a licensee for each violation of any provision
20of this Act, any rules adopted by the Board, any order of the
21Board or any other action which, in the Board's discretion, is
22a detriment or impediment to horse racing or wagering.
23Beginning on the date when any organization licensee begins
24conducting electronic gaming pursuant to an electronic gaming
25license issued under the Riverboat Gambling Act, the power
26granted to the Board pursuant to this subsection (l) shall

 

 

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1authorize the Board to impose penalties of up to $10,000
2against an individual and up to $25,000 against a licensee. All
3such civil penalties shall be deposited into the Horse Racing
4Fund.
5    (m) The Board is vested with the power to prescribe a form
6to be used by licensees as an application for employment for
7employees of each licensee.
8    (n) The Board shall have the power to issue a license to
9any county fair, or its agent, authorizing the conduct of the
10pari-mutuel system of wagering. The Board is vested with the
11full power to promulgate reasonable rules, regulations and
12conditions under which all horse race meetings licensed
13pursuant to this subsection shall be held and conducted,
14including rules, regulations and conditions for the conduct of
15the pari-mutuel system of wagering. The rules, regulations and
16conditions shall provide for the prevention of practices
17detrimental to the public interest and for the best interests
18of horse racing, and shall prescribe penalties for violations
19thereof. Any authority granted the Board under this Act shall
20extend to its jurisdiction and supervision over county fairs,
21or their agents, licensed pursuant to this subsection. However,
22the Board may waive any provision of this Act or its rules or
23regulations which would otherwise apply to such county fairs or
24their agents.
25    (o) Whenever the Board is authorized or required by law to
26consider some aspect of criminal history record information for

 

 

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1the purpose of carrying out its statutory powers and
2responsibilities, then, upon request and payment of fees in
3conformance with the requirements of Section 2605-400 of the
4Department of State Police Law (20 ILCS 2605/2605-400), the
5Department of State Police is authorized to furnish, pursuant
6to positive identification, such information contained in
7State files as is necessary to fulfill the request.
8    (p) To insure the convenience, comfort, and wagering
9accessibility of race track patrons, to provide for the
10maximization of State revenue, and to generate increases in
11purse allotments to the horsemen, the Board shall require any
12licensee to staff the pari-mutuel department with adequate
13personnel.
14(Source: P.A. 97-1060, eff. 8-24-12.)
 
15    (230 ILCS 5/15)  (from Ch. 8, par. 37-15)
16    Sec. 15. (a) The Board shall, in its discretion, issue
17occupation licenses to horse owners, trainers, harness
18drivers, jockeys, agents, apprentices, grooms, stable foremen,
19exercise persons, veterinarians, valets, blacksmiths,
20concessionaires and others designated by the Board whose work,
21in whole or in part, is conducted upon facilities within the
22State. Such occupation licenses will be obtained prior to the
23persons engaging in their vocation upon such facilities. The
24Board shall not license pari-mutuel clerks, parking
25attendants, security guards and employees of concessionaires.

 

 

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1No occupation license shall be required of any person who works
2at facilities within this State as a pari-mutuel clerk, parking
3attendant, security guard or as an employee of a
4concessionaire. Concessionaires of the Illinois State Fair and
5DuQuoin State Fair and employees of the Illinois Department of
6Agriculture shall not be required to obtain an occupation
7license by the Board.
8    (b) Each application for an occupation license shall be on
9forms prescribed by the Board. Such license, when issued, shall
10be for the period ending December 31 of each year, except that
11the Board in its discretion may grant 3-year licenses. The
12application shall be accompanied by a fee of not more than $25
13per year or, in the case of 3-year occupation license
14applications, a fee of not more than $60. Each applicant shall
15set forth in the application his full name and address, and if
16he had been issued prior occupation licenses or has been
17licensed in any other state under any other name, such name,
18his age, whether or not a permit or license issued to him in
19any other state has been suspended or revoked and if so whether
20such suspension or revocation is in effect at the time of the
21application, and such other information as the Board may
22require. Fees for registration of stable names shall not exceed
23$50.00. Beginning on the date when any organization licensee
24begins conducting electronic gaming pursuant to an electronic
25gaming license issued under the Riverboat Gambling Act, the fee
26for registration of stable names shall not exceed $150, and the

 

 

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1application fee for an occupation license shall not exceed $75,
2per year or, in the case of a 3-year occupation license
3application, the fee shall not exceed $180.
4    (c) The Board may in its discretion refuse an occupation
5license to any person:
6        (1) who has been convicted of a crime;
7        (2) who is unqualified to perform the duties required
8    of such applicant;
9        (3) who fails to disclose or states falsely any
10    information called for in the application;
11        (4) who has been found guilty of a violation of this
12    Act or of the rules and regulations of the Board; or
13        (5) whose license or permit has been suspended, revoked
14    or denied for just cause in any other state.
15    (d) The Board may suspend or revoke any occupation license:
16        (1) for violation of any of the provisions of this Act;
17    or
18        (2) for violation of any of the rules or regulations of
19    the Board; or
20        (3) for any cause which, if known to the Board, would
21    have justified the Board in refusing to issue such
22    occupation license; or
23        (4) for any other just cause.
24    (e)   Each applicant shall submit his or her fingerprints
25to the Department of State Police in the form and manner
26prescribed by the Department of State Police. These

 

 

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1fingerprints shall be checked against the fingerprint records
2now and hereafter filed in the Department of State Police and
3Federal Bureau of Investigation criminal history records
4databases. The Department of State Police shall charge a fee
5for conducting the criminal history records check, which shall
6be deposited in the State Police Services Fund and shall not
7exceed the actual cost of the records check. The Department of
8State Police shall furnish, pursuant to positive
9identification, records of conviction to the Board. Each
10applicant for licensure shall submit with his occupation
11license application, on forms provided by the Board, 2 sets of
12his fingerprints. All such applicants shall appear in person at
13the location designated by the Board for the purpose of
14submitting such sets of fingerprints; however, with the prior
15approval of a State steward, an applicant may have such sets of
16fingerprints taken by an official law enforcement agency and
17submitted to the Board.
18    (f) The Board may, in its discretion, issue an occupation
19license without submission of fingerprints if an applicant has
20been duly licensed in another recognized racing jurisdiction
21after submitting fingerprints that were subjected to a Federal
22Bureau of Investigation criminal history background check in
23that jurisdiction.
24    (g) Beginning on the date when any organization licensee
25begins conducting electronic gaming pursuant to an electronic
26gaming license issued under the Riverboat Gambling Act, the

 

 

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1Board may charge each applicant a reasonable non-refundable fee
2to defray the costs associated with the background
3investigation conducted by the Board. This fee shall be
4exclusive of any other fee or fees charged in connection with
5an application for and, if applicable, the issuance of, an
6electronic gaming license. If the costs of the investigation
7exceed the amount of the fee charged, the Board shall
8immediately notify the applicant of the additional amount owed,
9payment of which must be submitted to the Board within 7 days
10after such notification. All information, records, interviews,
11reports, statements, memoranda, or other data supplied to or
12used by the Board in the course of its review or investigation
13of an applicant for a license or renewal under this Act shall
14be privileged, strictly confidential, and shall be used only
15for the purpose of evaluating an applicant for a license or a
16renewal. Such information, records, interviews, reports,
17statements, memoranda, or other data shall not be admissible as
18evidence, nor discoverable, in any action of any kind in any
19court or before any tribunal, board, agency, or person, except
20for any action deemed necessary by the Board.
21(Source: P.A. 93-418, eff. 1-1-04.)
 
22    (230 ILCS 5/18)  (from Ch. 8, par. 37-18)
23    Sec. 18. (a) Together with its application, each applicant
24for racing dates shall deliver to the Board a certified check
25or bank draft payable to the order of the Board for $1,000. In

 

 

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1the event the applicant applies for racing dates in 2 or 3
2successive calendar years as provided in subsection (b) of
3Section 21, the fee shall be $2,000. Filing fees shall not be
4refunded in the event the application is denied. Beginning on
5the date when any organization licensee begins conducting
6electronic gaming pursuant to an electronic gaming license
7issued under the Riverboat Gambling Act, the application fee
8for racing dates imposed by this subsection (a) shall be
9$10,000 and the application fee for racing dates in 2 or 3
10successive calendar years as provided in subsection (b) of
11Section 21 shall be $20,000. All filing fees shall be deposited
12into the Horse Racing Fund.
13    (b) In addition to the filing fee imposed by subsection (a)
14of $1000 and the fees provided in subsection (j) of Section 20,
15each organization licensee shall pay a license fee of $100 for
16each racing program on which its daily pari-mutuel handle is
17$400,000 or more but less than $700,000, and a license fee of
18$200 for each racing program on which its daily pari-mutuel
19handle is $700,000 or more. The additional fees required to be
20paid under this Section by this amendatory Act of 1982 shall be
21remitted by the organization licensee to the Illinois Racing
22Board with each day's graduated privilege tax or pari-mutuel
23tax and breakage as provided under Section 27. Beginning on the
24date when any organization licensee begins conducting
25electronic gaming pursuant to an electronic gaming license
26issued under the Riverboat Gambling Act, the license fee

 

 

HB3669- 21 -LRB100 10629 AMC 20852 b

1imposed by this subsection (b) shall be $200 for each racing
2program on which the organization licensee's daily pari-mutuel
3handle is $100,000 or more, but less than $400,000, and the
4license fee imposed by this subsection (b) shall be $400 for
5each racing program on which the organization licensee's daily
6pari-mutuel handle is $400,000 or more.
7    (c) Sections 11-42-1, 11-42-5, and 11-54-1 of the "Illinois
8Municipal Code," approved May 29, 1961, as now or hereafter
9amended, shall not apply to any license under this Act.
10(Source: P.A. 97-1060, eff. 8-24-12.)
 
11    (230 ILCS 5/19)  (from Ch. 8, par. 37-19)
12    Sec. 19. (a) No organization license may be granted to
13conduct a horse race meeting:
14        (1) except as provided in subsection (c) of Section 21
15    of this Act, to any person at any place within 35 miles of
16    any other place licensed by the Board to hold a race
17    meeting on the same date during the same hours, the mileage
18    measurement used in this subsection (a) shall be certified
19    to the Board by the Bureau of Systems and Services in the
20    Illinois Department of Transportation as the most commonly
21    used public way of vehicular travel;
22        (2) to any person in default in the payment of any
23    obligation or debt due the State under this Act, provided
24    no applicant shall be deemed in default in the payment of
25    any obligation or debt due to the State under this Act as

 

 

HB3669- 22 -LRB100 10629 AMC 20852 b

1    long as there is pending a hearing of any kind relevant to
2    such matter;
3        (3) to any person who has been convicted of the
4    violation of any law of the United States or any State law
5    which provided as all or part of its penalty imprisonment
6    in any penal institution; to any person against whom there
7    is pending a Federal or State criminal charge; to any
8    person who is or has been connected with or engaged in the
9    operation of any illegal business; to any person who does
10    not enjoy a general reputation in his community of being an
11    honest, upright, law-abiding person; provided that none of
12    the matters set forth in this subparagraph (3) shall make
13    any person ineligible to be granted an organization license
14    if the Board determines, based on circumstances of any such
15    case, that the granting of a license would not be
16    detrimental to the interests of horse racing and of the
17    public;
18        (4) to any person who does not at the time of
19    application for the organization license own or have a
20    contract or lease for the possession of a finished race
21    track suitable for the type of racing intended to be held
22    by the applicant and for the accommodation of the public.
23    (b) (Blank) Horse racing on Sunday shall be prohibited
24unless authorized by ordinance or referendum of the
25municipality in which a race track or any of its appurtenances
26or facilities are located, or utilized.

 

 

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1    (c) If any person is ineligible to receive an organization
2license because of any of the matters set forth in subsection
3(a) (2) or subsection (a) (3) of this Section, any other or
4separate person that either (i) controls, directly or
5indirectly, such ineligible person or (ii) is controlled,
6directly or indirectly, by such ineligible person or by a
7person which controls, directly or indirectly, such ineligible
8person shall also be ineligible.
9(Source: P.A. 88-495; 89-16, eff. 5-30-95.)
 
10    (230 ILCS 5/20)  (from Ch. 8, par. 37-20)
11    Sec. 20. (a) Any person desiring to conduct a horse race
12meeting may apply to the Board for an organization license. The
13application shall be made on a form prescribed and furnished by
14the Board. The application shall specify:
15        (1) the dates on which it intends to conduct the horse
16    race meeting, which dates shall be provided under Section
17    21;
18        (2) the hours of each racing day between which it
19    intends to hold or conduct horse racing at such meeting;
20        (3) the location where it proposes to conduct the
21    meeting; and
22        (4) any other information the Board may reasonably
23    require.
24    (b) A separate application for an organization license
25shall be filed for each horse race meeting which such person

 

 

HB3669- 24 -LRB100 10629 AMC 20852 b

1proposes to hold. Any such application, if made by an
2individual, or by any individual as trustee, shall be signed
3and verified under oath by such individual. If the application
4is made by individuals, then it shall be signed and verified
5under oath by at least 2 of the individuals; if the application
6is made by or a partnership, it shall be signed and verified
7under oath by at least 2 of such individuals or members of such
8partnership as the case may be. If made by an association, a
9corporation, a corporate trustee, a limited liability company,
10or any other entity, it shall be signed by an authorized
11officer, a partner, a member, or a manager, as the case may be,
12of the entity the president and attested by the secretary or
13assistant secretary under the seal of such association, trust
14or corporation if it has a seal, and shall also be verified
15under oath by one of the signing officers.
16    (c) The application shall specify:
17        (1) the name of the persons, association, trust, or
18    corporation making such application; and
19        (2) the principal post office address of the applicant;
20        (3) if the applicant is a trustee, the names and
21    addresses of the beneficiaries; if the applicant is a
22    corporation, the names and post office addresses of all
23    officers, stockholders and directors; or if such
24    stockholders hold stock as a nominee or fiduciary, the
25    names and post office addresses of the parties these
26    persons, partnerships, corporations, or trusts who are the

 

 

HB3669- 25 -LRB100 10629 AMC 20852 b

1    beneficial owners thereof or who are beneficially
2    interested therein; and if the applicant is a partnership,
3    the names and post office addresses of all partners,
4    general or limited; if the applicant is a limited liability
5    company, the names and addresses of the manager and
6    members; and if the applicant is any other entity, the
7    names and addresses of all officers or other authorized
8    persons of the entity corporation, the name of the state of
9    its incorporation shall be specified.
10    (d) The applicant shall execute and file with the Board a
11good faith affirmative action plan to recruit, train, and
12upgrade minorities in all classifications within the
13association.
14    (e) With such application there shall be delivered to the
15Board a certified check or bank draft payable to the order of
16the Board for an amount equal to $1,000. All applications for
17the issuance of an organization license shall be filed with the
18Board before August 1 of the year prior to the year for which
19application is made and shall be acted upon by the Board at a
20meeting to be held on such date as shall be fixed by the Board
21during the last 15 days of September of such prior year. At
22such meeting, the Board shall announce the award of the racing
23meets, live racing schedule, and designation of host track to
24the applicants and its approval or disapproval of each
25application. No announcement shall be considered binding until
26a formal order is executed by the Board, which shall be

 

 

HB3669- 26 -LRB100 10629 AMC 20852 b

1executed no later than October 15 of that prior year. Absent
2the agreement of the affected organization licensees, the Board
3shall not grant overlapping race meetings to 2 or more tracks
4that are within 100 miles of each other to conduct the
5thoroughbred racing.
6    (e-1) In awarding standardbred racing dates for calendar
7year 2018 and thereafter, the Board shall award at least 310
8racing days, and each organization licensee shall average at
9least 12 races for each racing day awarded. The Board shall
10have the discretion to allocate those racing days among
11organization licensees requesting standardbred racing dates.
12Once awarded by the Board, organization licensees awarded
13standardbred racing dates shall run at least 3,500 races in
14total during that calendar year. Standardbred racing conducted
15in Sangamon County shall not be considered races under this
16subsection (e-1).
17    (e-2) In awarding racing dates for calendar year 2018 and
18thereafter, the Board shall award thoroughbred racing days to
19Cook County organization licensees commensurate with these
20organization licensees' requirement that they shall run at
21least 1,950 thoroughbred races in the aggregate, so long as 2
22organization licensees are conducting electronic gaming
23operations. Additionally, if the organization licensees that
24run thoroughbred races in Cook County are conducting electronic
25gaming operations, the Board shall increase the number of
26thoroughbred races to be run in Cook County in the aggregate to

 

 

HB3669- 27 -LRB100 10629 AMC 20852 b

1at least the following:
2        (i) 2,050 races in any year following the most recent
3    preceding complete calendar year when the combined
4    adjusted gross receipts of the electronic gaming licensees
5    operating at Cook County race tracks total in excess of
6    $200,000,000, but do not exceed $250,000,000;
7        (ii) 2,125 races in any year following the most recent
8    preceding complete calendar year when the combined
9    adjusted gross receipts of the electronic gaming licensees
10    operating at Cook County race tracks total in excess of
11    $250,000,000, but do not exceed $300,000,000;
12        (iii) 2,200 races in any year following the most recent
13    preceding complete calendar year when the combined
14    adjusted gross receipts of the electronic gaming licensees
15    operating at Cook County race tracks total in excess of
16    $300,000,000, but do not exceed $350,000,000;
17        (iv) 2,300 races in any year following the most recent
18    preceding complete calendar year when the combined
19    adjusted gross receipts of the electronic gaming licensees
20    operating at Cook County race tracks total in excess of
21    $350,000,000, but do not exceed $400,000,000;
22        (v) 2,375 races in any year following the most recent
23    preceding complete calendar year when the combined
24    adjusted gross receipts of the electronic gaming licensees
25    operating at Cook County race tracks total in excess of
26    $400,000,000, but do not exceed $450,000,000;

 

 

HB3669- 28 -LRB100 10629 AMC 20852 b

1        (vi) 2,450 races in any year following the most recent
2    preceding complete calendar year when the combined
3    adjusted gross receipts of the electronic gaming licensees
4    operating at Cook County race tracks total in excess of
5    $450,000,000, but do not exceed $500,000,000;
6        (vii) 2,550 races in any year following the most recent
7    preceding complete calendar year when the combined
8    adjusted gross receipts of the electronic gaming licensees
9    operating at Cook County race tracks exceeds $500,000,000.
10    In awarding racing dates under this subsection (e-2), the
11Board shall have the discretion to allocate those thoroughbred
12racing dates among these Cook County organization licensees.
13    (e-3) In awarding racing dates for calendar year 2018 and
14thereafter in connection with a race track in Madison County,
15the Board shall award racing dates and such organization
16licensee shall run at least 700 thoroughbred races at the race
17track in Madison County each year.
18    Notwithstanding Section 7.7 of the Riverboat Gambling Act
19or any provision of this Act other than subsection (e-4.5), for
20each calendar year for which an electronic gaming licensee
21located in Madison County requests racing dates resulting in
22less than 700 live thoroughbred races at its race track
23facility, the electronic gaming licensee may not conduct
24electronic gaming for the calendar year of such requested live
25races.
26    (e-4) Notwithstanding the provisions of Section 7.7 of the

 

 

HB3669- 29 -LRB100 10629 AMC 20852 b

1Riverboat Gambling Act or any provision of this Act other than
2subsections (e-3) and (e-4.5), for each calendar year for which
3an electronic gaming licensee requests racing dates for a
4specific horse breed which results in a number of live races
5for that specific breed under its organization license that is
6less than the total number of live races for that specific
7breed which it conducted in 2011 for standardbred racing and in
82016 for thoroughbred racing at its race track facility, the
9electronic gaming licensee may not conduct electronic gaming
10for the calendar year of such requested live races.
11    (e-4.5) The Board shall ensure that each organization
12licensee shall individually run a sufficient number of races
13per year to qualify for an electronic gaming license under this
14Act. The General Assembly finds that the minimum live racing
15guarantees contained in subsections (e-1), (e-2), and (e-3) are
16in the best interest of the sport of horse racing, and that
17such guarantees may only be reduced in the limited
18circumstances described in this subsection. The Board may
19decrease the number of racing days without affecting an
20organization licensee's ability to conduct electronic gaming
21only if the Board determines, after notice and hearing, that:
22        (i) a decrease is necessary to maintain a sufficient
23    number of betting interests per race to ensure the
24    integrity of racing;
25        (ii) there are unsafe track conditions due to weather
26    or acts of God;

 

 

HB3669- 30 -LRB100 10629 AMC 20852 b

1        (iii) there is an agreement between an organization
2    licensee and the breed association that is applicable to
3    the involved live racing guarantee, such association
4    representing either the largest number of thoroughbred
5    owners and trainers or the largest number of standardbred
6    owners, trainers and drivers who race horses at the
7    involved organization licensee's racing meeting, so long
8    as the agreement does not compromise the integrity of the
9    sport of horse racing; or
10        (iv) the horse population or purse levels are
11    insufficient to provide the number of racing opportunities
12    otherwise required in this Act.
13    In decreasing the number of racing dates in accordance with
14this subsection, the Board shall hold a hearing and shall
15provide the public and all interested parties notice and an
16opportunity to be heard. The Board shall accept testimony from
17all interested parties, including any association representing
18owners, trainers, jockeys, or drivers who will be affected by
19the decrease in racing dates. The Board shall provide a written
20explanation of the reasons for the decrease and the Board's
21findings. The written explanation shall include a listing and
22content of all communication between any party and any Illinois
23Racing Board member or staff that does not take place at a
24public meeting of the Board.
25    (e-5) In reviewing an application for the purpose of
26granting an organization license consistent with the best

 

 

HB3669- 31 -LRB100 10629 AMC 20852 b

1interests of the public and the sport of horse racing, the
2Board shall consider:
3        (1) the character, reputation, experience, and
4    financial integrity of the applicant and of any other
5    separate person that either:
6            (i) controls the applicant, directly or
7        indirectly, or
8            (ii) is controlled, directly or indirectly, by
9        that applicant or by a person who controls, directly or
10        indirectly, that applicant;
11        (2) the applicant's facilities or proposed facilities
12    for conducting horse racing;
13        (3) the total revenue without regard to Section 32.1 to
14    be derived by the State and horsemen from the applicant's
15    conducting a race meeting;
16        (4) the applicant's good faith affirmative action plan
17    to recruit, train, and upgrade minorities in all employment
18    classifications;
19        (5) the applicant's financial ability to purchase and
20    maintain adequate liability and casualty insurance;
21        (6) the applicant's proposed and prior year's
22    promotional and marketing activities and expenditures of
23    the applicant associated with those activities;
24        (7) an agreement, if any, among organization licensees
25    as provided in subsection (b) of Section 21 of this Act;
26    and

 

 

HB3669- 32 -LRB100 10629 AMC 20852 b

1        (8) the extent to which the applicant exceeds or meets
2    other standards for the issuance of an organization license
3    that the Board shall adopt by rule.
4    In granting organization licenses and allocating dates for
5horse race meetings, the Board shall have discretion to
6determine an overall schedule, including required simulcasts
7of Illinois races by host tracks that will, in its judgment, be
8conducive to the best interests of the public and the sport of
9horse racing.
10    (e-10) The Illinois Administrative Procedure Act shall
11apply to administrative procedures of the Board under this Act
12for the granting of an organization license, except that (1)
13notwithstanding the provisions of subsection (b) of Section
1410-40 of the Illinois Administrative Procedure Act regarding
15cross-examination, the Board may prescribe rules limiting the
16right of an applicant or participant in any proceeding to award
17an organization license to conduct cross-examination of
18witnesses at that proceeding where that cross-examination
19would unduly obstruct the timely award of an organization
20license under subsection (e) of Section 20 of this Act; (2) the
21provisions of Section 10-45 of the Illinois Administrative
22Procedure Act regarding proposals for decision are excluded
23under this Act; (3) notwithstanding the provisions of
24subsection (a) of Section 10-60 of the Illinois Administrative
25Procedure Act regarding ex parte communications, the Board may
26prescribe rules allowing ex parte communications with

 

 

HB3669- 33 -LRB100 10629 AMC 20852 b

1applicants or participants in a proceeding to award an
2organization license where conducting those communications
3would be in the best interest of racing, provided all those
4communications are made part of the record of that proceeding
5pursuant to subsection (c) of Section 10-60 of the Illinois
6Administrative Procedure Act; (4) the provisions of Section 14a
7of this Act and the rules of the Board promulgated under that
8Section shall apply instead of the provisions of Article 10 of
9the Illinois Administrative Procedure Act regarding
10administrative law judges; and (5) the provisions of subsection
11(d) of Section 10-65 of the Illinois Administrative Procedure
12Act that prevent summary suspension of a license pending
13revocation or other action shall not apply.
14    (f) The Board may allot racing dates to an organization
15licensee for more than one calendar year but for no more than 3
16successive calendar years in advance, provided that the Board
17shall review such allotment for more than one calendar year
18prior to each year for which such allotment has been made. The
19granting of an organization license to a person constitutes a
20privilege to conduct a horse race meeting under the provisions
21of this Act, and no person granted an organization license
22shall be deemed to have a vested interest, property right, or
23future expectation to receive an organization license in any
24subsequent year as a result of the granting of an organization
25license. Organization licenses shall be subject to revocation
26if the organization licensee has violated any provision of this

 

 

HB3669- 34 -LRB100 10629 AMC 20852 b

1Act or the rules and regulations promulgated under this Act or
2has been convicted of a crime or has failed to disclose or has
3stated falsely any information called for in the application
4for an organization license. Any organization license
5revocation proceeding shall be in accordance with Section 16
6regarding suspension and revocation of occupation licenses.
7    (f-5) If, (i) an applicant does not file an acceptance of
8the racing dates awarded by the Board as required under part
9(1) of subsection (h) of this Section 20, or (ii) an
10organization licensee has its license suspended or revoked
11under this Act, the Board, upon conducting an emergency hearing
12as provided for in this Act, may reaward on an emergency basis
13pursuant to rules established by the Board, racing dates not
14accepted or the racing dates associated with any suspension or
15revocation period to one or more organization licensees, new
16applicants, or any combination thereof, upon terms and
17conditions that the Board determines are in the best interest
18of racing, provided, the organization licensees or new
19applicants receiving the awarded racing dates file an
20acceptance of those reawarded racing dates as required under
21paragraph (1) of subsection (h) of this Section 20 and comply
22with the other provisions of this Act. The Illinois
23Administrative Procedure Act shall not apply to the
24administrative procedures of the Board in conducting the
25emergency hearing and the reallocation of racing dates on an
26emergency basis.

 

 

HB3669- 35 -LRB100 10629 AMC 20852 b

1    (g) (Blank).
2    (h) The Board shall send the applicant a copy of its
3formally executed order by certified mail addressed to the
4applicant at the address stated in his application, which
5notice shall be mailed within 5 days of the date the formal
6order is executed.
7    Each applicant notified shall, within 10 days after receipt
8of the final executed order of the Board awarding racing dates:
9        (1) file with the Board an acceptance of such award in
10    the form prescribed by the Board;
11        (2) pay to the Board an additional amount equal to $110
12    for each racing date awarded; and
13        (3) file with the Board the bonds required in Sections
14    21 and 25 at least 20 days prior to the first day of each
15    race meeting.
16Upon compliance with the provisions of paragraphs (1), (2), and
17(3) of this subsection (h), the applicant shall be issued an
18organization license.
19    If any applicant fails to comply with this Section or fails
20to pay the organization license fees herein provided, no
21organization license shall be issued to such applicant.
22(Source: P.A. 97-333, eff. 8-12-11.)
 
23    (230 ILCS 5/21)  (from Ch. 8, par. 37-21)
24    Sec. 21. (a) Applications for organization licenses must be
25filed with the Board at a time and place prescribed by the

 

 

HB3669- 36 -LRB100 10629 AMC 20852 b

1rules and regulations of the Board. The Board shall examine the
2applications within 21 days after the date allowed for filing
3with respect to their conformity with this Act and such rules
4and regulations as may be prescribed by the Board. If any
5application does not comply with this Act or the rules and
6regulations prescribed by the Board, such application may be
7rejected and an organization license refused to the applicant,
8or the Board may, within 21 days of the receipt of such
9application, advise the applicant of the deficiencies of the
10application under the Act or the rules and regulations of the
11Board, and require the submittal of an amended application
12within a reasonable time determined by the Board; and upon
13submittal of the amended application by the applicant, the
14Board may consider the application consistent with the process
15described in subsection (e-5) of Section 20 of this Act. If it
16is found to be in compliance with this Act and the rules and
17regulations of the Board, the Board may then issue an
18organization license to such applicant.
19    (b) The Board may exercise discretion in granting racing
20dates to qualified applicants different from those requested by
21the applicants in their applications. However, if all eligible
22applicants for organization licenses whose tracks are located
23within 100 miles of each other execute and submit to the Board
24a written agreement among such applicants as to the award of
25racing dates, including where applicable racing programs, for
26up to 3 consecutive years, then subject to annual review of

 

 

HB3669- 37 -LRB100 10629 AMC 20852 b

1each applicant's compliance with Board rules and regulations,
2provisions of this Act and conditions contained in annual dates
3orders issued by the Board, the Board may grant such dates and
4programs to such applicants as so agreed by them if the Board
5determines that the grant of these racing dates is in the best
6interests of racing. The Board shall treat any such agreement
7as the agreement signatories' joint and several application for
8racing dates during the term of the agreement.
9    (c) Where 2 or more applicants propose to conduct horse
10race meetings within 35 miles of each other, as certified to
11the Board under Section 19 (a) (1) of this Act, on conflicting
12dates, the Board may determine and grant the number of racing
13days to be awarded to the several applicants in accordance with
14the provisions of subsection (e-5) of Section 20 of this Act.
15    (d) (Blank).
16    (e) Prior to the issuance of an organization license, the
17applicant shall file with the Board a bond payable to the State
18of Illinois in the sum of $200,000, executed by the applicant
19and a surety company or companies authorized to do business in
20this State, and conditioned upon the payment by the
21organization licensee of all taxes due under Section 27, other
22monies due and payable under this Act, all purses due and
23payable, and that the organization licensee will upon
24presentation of the winning ticket or tickets distribute all
25sums due to the patrons of pari-mutuel pools. Beginning on the
26date when any organization licensee begins conducting

 

 

HB3669- 38 -LRB100 10629 AMC 20852 b

1electronic gaming pursuant to an electronic gaming license
2issued under the Riverboat Gambling Act, the amount of the bond
3required under this subsection (e) shall be $500,000.
4    (f) Each organization license shall specify the person to
5whom it is issued, the dates upon which horse racing is
6permitted, and the location, place, track, or enclosure where
7the horse race meeting is to be held.
8    (g) Any person who owns one or more race tracks within the
9State may seek, in its own name, a separate organization
10license for each race track.
11    (h) All racing conducted under such organization license is
12subject to this Act and to the rules and regulations from time
13to time prescribed by the Board, and every such organization
14license issued by the Board shall contain a recital to that
15effect.
16    (i) Each such organization licensee may provide that at
17least one race per day may be devoted to the racing of quarter
18horses, appaloosas, arabians, or paints.
19    (j) In acting on applications for organization licenses,
20the Board shall give weight to an organization license which
21has implemented a good faith affirmative action effort to
22recruit, train and upgrade minorities in all classifications
23within the organization license.
24(Source: P.A. 90-754, eff. 1-1-99; 91-40, eff. 6-25-99.)
 
25    (230 ILCS 5/24)  (from Ch. 8, par. 37-24)

 

 

HB3669- 39 -LRB100 10629 AMC 20852 b

1    Sec. 24. (a) No license shall be issued to or held by an
2organization licensee unless all of its officers, directors,
3and holders of ownership interests of at least 5% are first
4approved by the Board. The Board shall not give approval of an
5organization license application to any person who has been
6convicted of or is under an indictment for a crime of moral
7turpitude or has violated any provision of the racing law of
8this State or any rules of the Board.
9    (b) An organization licensee must notify the Board within
1010 days of any change in the holders of a direct or indirect
11interest in the ownership of the organization licensee. The
12Board may, after hearing, revoke the organization license of
13any person who registers on its books or knowingly permits a
14direct or indirect interest in the ownership of that person
15without notifying the Board of the name of the holder in
16interest within this period.
17    (c) In addition to the provisions of subsection (a) of this
18Section, no person shall be granted an organization license if
19any public official of the State or member of his or her family
20holds any ownership or financial interest, directly or
21indirectly, in the person.
22    (d) No person which has been granted an organization
23license to hold a race meeting shall give to any public
24official or member of his family, directly or indirectly, for
25or without consideration, any interest in the person. The Board
26shall, after hearing, revoke the organization license granted

 

 

HB3669- 40 -LRB100 10629 AMC 20852 b

1to a person which has violated this subsection.
2    (e) (Blank).
3    (f) No organization licensee or concessionaire or officer,
4director or holder or controller of 5% or more legal or
5beneficial interest in any organization licensee or concession
6shall make any sort of gift or contribution that is prohibited
7under Article 10 of the State Officials and Employees Ethics
8Act of any kind or pay or give any money or other thing of value
9to any person who is a public official, or a candidate or
10nominee for public office if that payment or gift is prohibited
11under Article 10 of the State Officials and Employees Ethics
12Act.
13(Source: P.A. 89-16, eff. 5-30-95.)
 
14    (230 ILCS 5/25)  (from Ch. 8, par. 37-25)
15    Sec. 25. Admission charge; bond; fine.
16    (a) There shall be paid to the Board at such time or times
17as it shall prescribe, the sum of fifteen cents (15) for each
18person entering the grounds or enclosure of each organization
19licensee and inter-track wagering licensee upon a ticket of
20admission except as provided in subsection (g) of Section 27 of
21this Act. If tickets are issued for more than one day then the
22sum of fifteen cents (15) shall be paid for each person using
23such ticket on each day that the same shall be used. Provided,
24however, that no charge shall be made on tickets of admission
25issued to and in the name of directors, officers, agents or

 

 

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1employees of the organization licensee, or inter-track
2wagering licensee, or to owners, trainers, jockeys, drivers and
3their employees or to any person or persons entering the
4grounds or enclosure for the transaction of business in
5connection with such race meeting. The organization licensee or
6inter-track wagering licensee may, if it desires, collect such
7amount from each ticket holder in addition to the amount or
8amounts charged for such ticket of admission. Beginning on the
9date when any organization licensee begins conducting
10electronic gaming pursuant to an electronic gaming license
11issued under the Riverboat Gambling Act, the admission charge
12imposed by this subsection (a) shall be 40 cents for each
13person entering the grounds or enclosure of each organization
14licensee and inter-track wagering licensee upon a ticket of
15admission, and if such tickets are issued for more than one
16day, 40 cents shall be paid for each person using such ticket
17on each day that the same shall be used.
18    (b) Accurate records and books shall at all times be kept
19and maintained by the organization licensees and inter-track
20wagering licensees showing the admission tickets issued and
21used on each racing day and the attendance thereat of each
22horse racing meeting. The Board or its duly authorized
23representative or representatives shall at all reasonable
24times have access to the admission records of any organization
25licensee and inter-track wagering licensee for the purpose of
26examining and checking the same and ascertaining whether or not

 

 

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1the proper amount has been or is being paid the State of
2Illinois as herein provided. The Board shall also require,
3before issuing any license, that the licensee shall execute and
4deliver to it a bond, payable to the State of Illinois, in such
5sum as it shall determine, not, however, in excess of fifty
6thousand dollars ($50,000), with a surety or sureties to be
7approved by it, conditioned for the payment of all sums due and
8payable or collected by it under this Section upon admission
9fees received for any particular racing meetings. The Board may
10also from time to time require sworn statements of the number
11or numbers of such admissions and may prescribe blanks upon
12which such reports shall be made. Any organization licensee or
13inter-track wagering licensee failing or refusing to pay the
14amount found to be due as herein provided, shall be deemed
15guilty of a business offense and upon conviction shall be
16punished by a fine of not more than five thousand dollars
17($5,000) in addition to the amount due from such organization
18licensee or inter-track wagering licensee as herein provided.
19All fines paid into court by an organization licensee or
20inter-track wagering licensee found guilty of violating this
21Section shall be transmitted and paid over by the clerk of the
22court to the Board. Beginning on the date when any organization
23licensee begins conducting electronic gaming pursuant to an
24electronic gaming license issued under the Riverboat Gambling
25Act, any fine imposed pursuant to this subsection (b) shall not
26exceed $10,000.

 

 

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1(Source: P.A. 88-495; 89-16, eff. 5-30-95.)
 
2    (230 ILCS 5/26)  (from Ch. 8, par. 37-26)
3    Sec. 26. Wagering.
4    (a) Any licensee may conduct and supervise the pari-mutuel
5system of wagering, as defined in Section 3.12 of this Act, on
6horse races conducted by an Illinois organization licensee or
7conducted at a racetrack located in another state or country
8and televised in Illinois in accordance with subsection (g) of
9Section 26 of this Act. Subject to the prior consent of the
10Board, licensees may supplement any pari-mutuel pool in order
11to guarantee a minimum distribution. Such pari-mutuel method of
12wagering shall not, under any circumstances if conducted under
13the provisions of this Act, be held or construed to be
14unlawful, other statutes of this State to the contrary
15notwithstanding. Subject to rules for advance wagering
16promulgated by the Board, any licensee may accept wagers in
17advance of the day of the race wagered upon occurs.
18    (b) Except for those gaming activities for which a license
19is obtained and authorized under the Illinois Lottery Law, the
20Charitable Games Act, the Raffles and Poker Runs Act, or the
21Riverboat Gambling Act, no No other method of betting, pool
22making, wagering or gambling shall be used or permitted by the
23licensee. Each licensee may retain, subject to the payment of
24all applicable taxes and purses, an amount not to exceed 17% of
25all money wagered under subsection (a) of this Section, except

 

 

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1as may otherwise be permitted under this Act.
2    (b-5) An individual may place a wager under the pari-mutuel
3system from any licensed location authorized under this Act
4provided that wager is electronically recorded in the manner
5described in Section 3.12 of this Act. Any wager made
6electronically by an individual while physically on the
7premises of a licensee shall be deemed to have been made at the
8premises of that licensee.
9    (c) Until January 1, 2000, the sum held by any licensee for
10payment of outstanding pari-mutuel tickets, if unclaimed prior
11to December 31 of the next year, shall be retained by the
12licensee for payment of such tickets until that date. Within 10
13days thereafter, the balance of such sum remaining unclaimed,
14less any uncashed supplements contributed by such licensee for
15the purpose of guaranteeing minimum distributions of any
16pari-mutuel pool, shall be paid to the Illinois Veterans'
17Rehabilitation Fund of the State treasury, except as provided
18in subsection (g) of Section 27 of this Act.
19    (c-5) Beginning January 1, 2000, the sum held by any
20licensee for payment of outstanding pari-mutuel tickets, if
21unclaimed prior to December 31 of the next year, shall be
22retained by the licensee for payment of such tickets until that
23date. Within 10 days thereafter, the balance of such sum
24remaining unclaimed, less any uncashed supplements contributed
25by such licensee for the purpose of guaranteeing minimum
26distributions of any pari-mutuel pool, shall be evenly

 

 

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1distributed to the purse account of the organization licensee
2and the organization licensee.
3    (d) A pari-mutuel ticket shall be honored until December 31
4of the next calendar year, and the licensee shall pay the same
5and may charge the amount thereof against unpaid money
6similarly accumulated on account of pari-mutuel tickets not
7presented for payment.
8    (e) No licensee shall knowingly permit any minor, other
9than an employee of such licensee or an owner, trainer, jockey,
10driver, or employee thereof, to be admitted during a racing
11program unless accompanied by a parent or guardian, or any
12minor to be a patron of the pari-mutuel system of wagering
13conducted or supervised by it. The admission of any
14unaccompanied minor, other than an employee of the licensee or
15an owner, trainer, jockey, driver, or employee thereof at a
16race track is a Class C misdemeanor.
17    (f) Notwithstanding the other provisions of this Act, an
18organization licensee may contract with an entity in another
19state or country to permit any legal wagering entity in another
20state or country to accept wagers solely within such other
21state or country on races conducted by the organization
22licensee in this State. Beginning January 1, 2000, these wagers
23shall not be subject to State taxation. Until January 1, 2000,
24when the out-of-State entity conducts a pari-mutuel pool
25separate from the organization licensee, a privilege tax equal
26to 7 1/2% of all monies received by the organization licensee

 

 

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1from entities in other states or countries pursuant to such
2contracts is imposed on the organization licensee, and such
3privilege tax shall be remitted to the Department of Revenue
4within 48 hours of receipt of the moneys from the simulcast.
5When the out-of-State entity conducts a combined pari-mutuel
6pool with the organization licensee, the tax shall be 10% of
7all monies received by the organization licensee with 25% of
8the receipts from this 10% tax to be distributed to the county
9in which the race was conducted.
10    An organization licensee may permit one or more of its
11races to be utilized for pari-mutuel wagering at one or more
12locations in other states and may transmit audio and visual
13signals of races the organization licensee conducts to one or
14more locations outside the State or country and may also permit
15pari-mutuel pools in other states or countries to be combined
16with its gross or net wagering pools or with wagering pools
17established by other states.
18    (g) A host track may accept interstate simulcast wagers on
19horse races conducted in other states or countries and shall
20control the number of signals and types of breeds of racing in
21its simulcast program, subject to the disapproval of the Board.
22The Board may prohibit a simulcast program only if it finds
23that the simulcast program is clearly adverse to the integrity
24of racing. The host track simulcast program shall include the
25signal of live racing of all organization licensees. All
26non-host licensees and advance deposit wagering licensees

 

 

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1shall carry the signal of and accept wagers on live racing of
2all organization licensees. Advance deposit wagering licensees
3shall not be permitted to accept out-of-state wagers on any
4Illinois signal provided pursuant to this Section without the
5approval and consent of the organization licensee providing the
6signal. For one year after August 15, 2014 (the effective date
7of Public Act 98-968) this amendatory Act of the 98th General
8Assembly, non-host licensees may carry the host track simulcast
9program and shall accept wagers on all races included as part
10of the simulcast program of horse races conducted at race
11tracks located within North America upon which wagering is
12permitted. For a period of one year after August 15, 2014 (the
13effective date of Public Act 98-968) this amendatory Act of the
1498th General Assembly, on horse races conducted at race tracks
15located outside of North America, non-host licensees may accept
16wagers on all races included as part of the simulcast program
17upon which wagering is permitted. Beginning August 15, 2015
18(one year after the effective date of Public Act 98-968) this
19amendatory Act of the 98th General Assembly, non-host licensees
20may carry the host track simulcast program and shall accept
21wagers on all races included as part of the simulcast program
22upon which wagering is permitted. All organization licensees
23shall provide their live signal to all advance deposit wagering
24licensees for a simulcast commission fee not to exceed 6% of
25the advance deposit wagering licensee's Illinois handle on the
26organization licensee's signal without prior approval by the

 

 

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1Board. The Board may adopt rules under which it may permit
2simulcast commission fees in excess of 6%. The Board shall
3adopt rules limiting the interstate commission fees charged to
4an advance deposit wagering licensee. The Board shall adopt
5rules regarding advance deposit wagering on interstate
6simulcast races that shall reflect, among other things, the
7General Assembly's desire to maximize revenues to the State,
8horsemen purses, and organization organizational licensees.
9However, organization licensees providing live signals
10pursuant to the requirements of this subsection (g) may
11petition the Board to withhold their live signals from an
12advance deposit wagering licensee if the organization licensee
13discovers and the Board finds reputable or credible information
14that the advance deposit wagering licensee is under
15investigation by another state or federal governmental agency,
16the advance deposit wagering licensee's license has been
17suspended in another state, or the advance deposit wagering
18licensee's license is in revocation proceedings in another
19state. The organization licensee's provision of their live
20signal to an advance deposit wagering licensee under this
21subsection (g) pertains to wagers placed from within Illinois.
22Advance deposit wagering licensees may place advance deposit
23wagering terminals at wagering facilities as a convenience to
24customers. The advance deposit wagering licensee shall not
25charge or collect any fee from purses for the placement of the
26advance deposit wagering terminals. The costs and expenses of

 

 

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1the host track and non-host licensees associated with
2interstate simulcast wagering, other than the interstate
3commission fee, shall be borne by the host track and all
4non-host licensees incurring these costs. The interstate
5commission fee shall not exceed 5% of Illinois handle on the
6interstate simulcast race or races without prior approval of
7the Board. The Board shall promulgate rules under which it may
8permit interstate commission fees in excess of 5%. The
9interstate commission fee and other fees charged by the sending
10racetrack, including, but not limited to, satellite decoder
11fees, shall be uniformly applied to the host track and all
12non-host licensees.
13    Notwithstanding any other provision of this Act, through
14December 31, 2018, an organization licensee, with the consent
15of the horsemen association representing the largest number of
16owners, trainers, jockeys, or standardbred drivers who race
17horses at that organization licensee's racing meeting, may
18maintain a system whereby advance deposit wagering may take
19place or an organization licensee, with the consent of the
20horsemen association representing the largest number of
21owners, trainers, jockeys, or standardbred drivers who race
22horses at that organization licensee's racing meeting, may
23contract with another person to carry out a system of advance
24deposit wagering. Such consent may not be unreasonably
25withheld. Only with respect to an appeal to the Board that
26consent for an organization licensee that maintains its own

 

 

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1advance deposit wagering system is being unreasonably
2withheld, the Board shall issue a final order within 30 days
3after initiation of the appeal, and the organization licensee's
4advance deposit wagering system may remain operational during
5that 30-day period. The actions of any organization licensee
6who conducts advance deposit wagering or any person who has a
7contract with an organization licensee to conduct advance
8deposit wagering who conducts advance deposit wagering on or
9after January 1, 2013 and prior to June 7, 2013 (the effective
10date of Public Act 98-18) this amendatory Act of the 98th
11General Assembly taken in reliance on the changes made to this
12subsection (g) by Public Act 98-18 this amendatory Act of the
1398th General Assembly are hereby validated, provided payment of
14all applicable pari-mutuel taxes are remitted to the Board. All
15advance deposit wagers placed from within Illinois must be
16placed through a Board-approved advance deposit wagering
17licensee; no other entity may accept an advance deposit wager
18from a person within Illinois. All advance deposit wagering is
19subject to any rules adopted by the Board. The Board may adopt
20rules necessary to regulate advance deposit wagering through
21the use of emergency rulemaking in accordance with Section 5-45
22of the Illinois Administrative Procedure Act. The General
23Assembly finds that the adoption of rules to regulate advance
24deposit wagering is deemed an emergency and necessary for the
25public interest, safety, and welfare. An advance deposit
26wagering licensee may retain all moneys as agreed to by

 

 

HB3669- 51 -LRB100 10629 AMC 20852 b

1contract with an organization licensee. Any moneys retained by
2the organization licensee from advance deposit wagering, not
3including moneys retained by the advance deposit wagering
4licensee, shall be paid 50% to the organization licensee's
5purse account and 50% to the organization licensee. With the
6exception of any organization licensee that is owned by a
7publicly traded company that is incorporated in a state other
8than Illinois and advance deposit wagering licensees under
9contract with such organization licensees, organization
10licensees that maintain advance deposit wagering systems and
11advance deposit wagering licensees that contract with
12organization licensees shall provide sufficiently detailed
13monthly accountings to the horsemen association representing
14the largest number of owners, trainers, jockeys, or
15standardbred drivers who race horses at that organization
16licensee's racing meeting so that the horsemen association, as
17an interested party, can confirm the accuracy of the amounts
18paid to the purse account at the horsemen association's
19affiliated organization licensee from advance deposit
20wagering. If more than one breed races at the same race track
21facility, then the 50% of the moneys to be paid to an
22organization licensee's purse account shall be allocated among
23all organization licensees' purse accounts operating at that
24race track facility proportionately based on the actual number
25of host days that the Board grants to that breed at that race
26track facility in the current calendar year. To the extent any

 

 

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1fees from advance deposit wagering conducted in Illinois for
2wagers in Illinois or other states have been placed in escrow
3or otherwise withheld from wagers pending a determination of
4the legality of advance deposit wagering, no action shall be
5brought to declare such wagers or the disbursement of any fees
6previously escrowed illegal.
7        (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
8    inter-track intertrack wagering licensee other than the
9    host track may supplement the host track simulcast program
10    with additional simulcast races or race programs, provided
11    that between January 1 and the third Friday in February of
12    any 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 inter-track intertrack wagering licensee to its
20    affiliated non-host licensees. The interstate commission
21    fee for a supplemental interstate simulcast shall be paid
22    by the non-host licensee and its affiliated non-host
23    licensees receiving the simulcast.
24        (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
25    inter-track intertrack wagering licensee other than the
26    host track may receive supplemental interstate simulcasts

 

 

HB3669- 53 -LRB100 10629 AMC 20852 b

1    only with the consent of the host track, except when the
2    Board finds that the simulcast is clearly adverse to the
3    integrity of racing. Consent granted under this paragraph
4    (2) to any inter-track intertrack wagering licensee shall
5    be deemed consent to all non-host licensees. The interstate
6    commission fee for the supplemental interstate simulcast
7    shall be paid by all participating non-host licensees.
8        (3) Each licensee conducting interstate simulcast
9    wagering may retain, subject to the payment of all
10    applicable taxes and the purses, an amount not to exceed
11    17% of all money wagered. If any licensee conducts the
12    pari-mutuel system wagering on races conducted at
13    racetracks in another state or country, each such race or
14    race program shall be considered a separate racing day for
15    the purpose of determining the daily handle and computing
16    the privilege tax of that daily handle as provided in
17    subsection (a) of Section 27. Until January 1, 2000, from
18    the sums permitted to be retained pursuant to this
19    subsection, each inter-track intertrack wagering location
20    licensee shall pay 1% of the pari-mutuel handle wagered on
21    simulcast wagering to the Horse Racing Tax Allocation Fund,
22    subject to the provisions of subparagraph (B) of paragraph
23    (11) of subsection (h) of Section 26 of this Act.
24        (4) A licensee who receives an interstate simulcast may
25    combine its gross or net pools with pools at the sending
26    racetracks pursuant to rules established by the Board. All

 

 

HB3669- 54 -LRB100 10629 AMC 20852 b

1    licensees combining their gross pools at a sending
2    racetrack shall adopt the take-out percentages of the
3    sending racetrack. A licensee may also establish a separate
4    pool and takeout structure for wagering purposes on races
5    conducted at race tracks outside of the State of Illinois.
6    The licensee may permit pari-mutuel wagers placed in other
7    states or countries to be combined with its gross or net
8    wagering pools or other wagering pools.
9        (5) After the payment of the interstate commission fee
10    (except for the interstate commission fee on a supplemental
11    interstate simulcast, which shall be paid by the host track
12    and by each non-host licensee through the host-track) and
13    all applicable State and local taxes, except as provided in
14    subsection (g) of Section 27 of this Act, the remainder of
15    moneys retained from simulcast wagering pursuant to this
16    subsection (g), and Section 26.2 shall be divided as
17    follows:
18            (A) For interstate simulcast wagers made at a host
19        track, 50% to the host track and 50% to purses at the
20        host track.
21            (B) For wagers placed on interstate simulcast
22        races, supplemental simulcasts as defined in
23        subparagraphs (1) and (2), and separately pooled races
24        conducted outside of the State of Illinois made at a
25        non-host licensee, 25% to the host track, 25% to the
26        non-host licensee, and 50% to the purses at the host

 

 

HB3669- 55 -LRB100 10629 AMC 20852 b

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

 

 

HB3669- 56 -LRB100 10629 AMC 20852 b

1        interstate simulcast is a thoroughbred race, the purse
2        share to its interstate simulcast purse pool to be
3        distributed under paragraph (10) of this subsection
4        (g);
5            (C) Between January 1 and the third Friday in
6        February, inclusive, if live thoroughbred racing is
7        occurring in Illinois, between 6:30 a.m. and 6:30 p.m.
8        the purse share from wagers made during this time
9        period to its thoroughbred purse account and between
10        6:30 p.m. and 6:30 a.m. the purse share from wagers
11        made during this time period to its standardbred purse
12        accounts;
13            (D) Between the third Saturday in February and
14        December 31, when the interstate simulcast occurs
15        between the hours of 6:30 a.m. and 6:30 p.m., the purse
16        share to its thoroughbred purse account;
17            (E) Between the third Saturday in February and
18        December 31, when the interstate simulcast occurs
19        between the hours of 6:30 p.m. and 6:30 a.m., the purse
20        share to its standardbred purse account.
21        (7.1) Notwithstanding any other provision of this Act
22    to the contrary, if no standardbred racing is conducted at
23    a racetrack located in Madison County during any calendar
24    year beginning on or after January 1, 2002, all moneys
25    derived by that racetrack from simulcast wagering and
26    inter-track wagering that (1) are to be used for purses and

 

 

HB3669- 57 -LRB100 10629 AMC 20852 b

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

 

 

HB3669- 58 -LRB100 10629 AMC 20852 b

1    derived by that racetrack from simulcast wagering and
2    inter-track wagering that (1) are to be used for purses and
3    (2) are generated between the hours of 6:30 a.m. and 6:30
4    p.m. during that calendar year shall be deposited as
5    follows:
6            (A) If the licensee that conducts horse racing at
7        that racetrack requests from the Board at least as many
8        racing dates as were conducted in calendar year 2000,
9        80% shall be deposited into its standardbred purse
10        account; and
11            (B) Twenty percent shall be deposited into the
12        Illinois Colt Stakes Purse Distribution Fund. Moneys
13        deposited into the Illinois Colt Stakes Purse
14        Distribution Fund pursuant to this subparagraph (B)
15        shall be paid to Illinois conceived and foaled
16        thoroughbred breeders' programs and to thoroughbred
17        purses for races conducted at any county fairgrounds
18        for Illinois conceived and foaled horses at the
19        discretion of the Department of Agriculture, with the
20        advice and assistance of the Illinois Thoroughbred
21        Breeders Fund Advisory Board. The moneys deposited
22        into the Illinois Colt Stakes Purse Distribution Fund
23        pursuant to this subparagraph (B) shall be deposited
24        within 2 weeks after the day they were generated, shall
25        be in addition to and not in lieu of any other moneys
26        paid to thoroughbred purses under this Act, and shall

 

 

HB3669- 59 -LRB100 10629 AMC 20852 b

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

 

 

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1    Agriculture, with the advice and assistance of the Illinois
2    Standardbred Breeders Fund Advisory Board, shall be in
3    addition to and not in lieu of any other moneys paid to
4    standardbred purses under this Act, and shall not be
5    commingled with any other moneys paid into that Fund.
6        (7.4) If live standardbred racing is conducted at a
7    racetrack located in Madison County at any time in calendar
8    year 2001 before the payment required under paragraph (7.3)
9    has been made, the organization licensee who is licensed to
10    conduct racing at that racetrack shall pay all moneys
11    derived by that racetrack from simulcast wagering and
12    inter-track wagering during calendar years 2000 and 2001
13    that (1) are to be used for purses and (2) are generated
14    between the hours of 6:30 p.m. and 6:30 a.m. during 2000 or
15    2001 to the standardbred purse account at that racetrack to
16    be used for standardbred purses.
17        (8) Notwithstanding any provision in this Act to the
18    contrary, an organization licensee from a track located in
19    a county with a population in excess of 230,000 and that
20    borders the Mississippi River and its affiliated non-host
21    licensees shall not be entitled to share in any retention
22    generated on racing, inter-track wagering, or simulcast
23    wagering at any other Illinois wagering facility.
24        (8.1) Notwithstanding any provisions in this Act to the
25    contrary, if 2 organization licensees are conducting
26    standardbred race meetings concurrently between the hours

 

 

HB3669- 61 -LRB100 10629 AMC 20852 b

1    of 6:30 p.m. and 6:30 a.m., after payment of all applicable
2    State and local taxes and interstate commission fees, the
3    remainder of the amount retained from simulcast wagering
4    otherwise attributable to the host track and to host track
5    purses shall be split daily between the 2 organization
6    licensees and the purses at the tracks of the 2
7    organization licensees, respectively, based on each
8    organization licensee's share of the total live handle for
9    that day, provided that this provision shall not apply to
10    any non-host licensee that derives its license from a track
11    located in a county with a population in excess of 230,000
12    and that borders the Mississippi River.
13        (9) (Blank).
14        (10) (Blank).
15        (11) (Blank).
16        (12) The Board shall have authority to compel all host
17    tracks to receive the simulcast of any or all races
18    conducted at the Springfield or DuQuoin State fairgrounds
19    and include all such races as part of their simulcast
20    programs.
21        (13) Notwithstanding any other provision of this Act,
22    in the event that the total Illinois pari-mutuel handle on
23    Illinois horse races at all wagering facilities in any
24    calendar year is less than 75% of the total Illinois
25    pari-mutuel handle on Illinois horse races at all such
26    wagering facilities for calendar year 1994, then each

 

 

HB3669- 62 -LRB100 10629 AMC 20852 b

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

 

 

HB3669- 63 -LRB100 10629 AMC 20852 b

1    for both standardbred and thoroughbred racing, the amount
2    to be paid to the wagering facility shall be divided
3    between each purse account pro rata, based on the amount of
4    Illinois handle on Illinois standardbred and thoroughbred
5    racing respectively at the wagering facility during the
6    previous calendar year. Annually, the General Assembly
7    shall appropriate sufficient funds from the General
8    Revenue Fund to the Department of Agriculture for payment
9    into the thoroughbred and standardbred horse racing purse
10    accounts at Illinois pari-mutuel tracks. The amount paid to
11    each purse account shall be the amount certified by the
12    Illinois Racing Board in January to be transferred from
13    each account to each eligible racing facility in accordance
14    with the provisions of this Section. Beginning in the
15    calendar year in which an organization licensee that is
16    eligible to receive payment under this paragraph (13)
17    begins to receive funds from electronic gaming, the amount
18    of the payment due to all wagering facilities licensed
19    under that organization licensee under this paragraph (13)
20    shall be the amount certified by the Board in January of
21    that year. An organization licensee and its related
22    wagering facilities shall no longer be able to receive
23    payments under this paragraph (13) beginning in the year
24    subsequent to the first year in which the organization
25    licensee begins to receive funds from electronic gaming.
26    (h) The Board may approve and license the conduct of

 

 

HB3669- 64 -LRB100 10629 AMC 20852 b

1inter-track wagering and simulcast wagering by inter-track
2wagering licensees and inter-track wagering location licensees
3subject to the following terms and conditions:
4        (1) Any person licensed to conduct a race meeting (i)
5    at a track where 60 or more days of racing were conducted
6    during the immediately preceding calendar year or where
7    over the 5 immediately preceding calendar years an average
8    of 30 or more days of racing were conducted annually may be
9    issued an inter-track wagering license; (ii) at a track
10    located in a county that is bounded by the Mississippi
11    River, which has a population of less than 150,000
12    according to the 1990 decennial census, and an average of
13    at least 60 days of racing per year between 1985 and 1993
14    may be issued an inter-track wagering license; or (iii) at
15    a track located in Madison County that conducted at least
16    100 days of live racing during the immediately preceding
17    calendar year may be issued an inter-track wagering
18    license, unless a lesser schedule of live racing is the
19    result of (A) weather, unsafe track conditions, or other
20    acts of God; (B) an agreement between the organization
21    licensee and the associations representing the largest
22    number of owners, trainers, jockeys, or standardbred
23    drivers who race horses at that organization licensee's
24    racing meeting; or (C) a finding by the Board of
25    extraordinary circumstances and that it was in the best
26    interest of the public and the sport to conduct fewer than

 

 

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1    100 days of live racing. Any such person having operating
2    control of the racing facility may receive inter-track
3    wagering location licenses. An eligible race track located
4    in a county that has a population of more than 230,000 and
5    that is bounded by the Mississippi River may establish up
6    to 9 inter-track wagering locations, and an eligible race
7    track located in Stickney Township in Cook County may
8    establish up to 16 inter-track wagering locations, and an
9    eligible race track located in Palatine Township in Cook
10    County may establish up to 18 inter-track wagering
11    locations. An application for said license shall be filed
12    with the Board prior to such dates as may be fixed by the
13    Board. With an application for an inter-track wagering
14    location license there shall be delivered to the Board a
15    certified check or bank draft payable to the order of the
16    Board for an amount equal to $500. The application shall be
17    on forms prescribed and furnished by the Board. The
18    application shall comply with all other rules, regulations
19    and conditions imposed by the Board in connection
20    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

 

 

HB3669- 66 -LRB100 10629 AMC 20852 b

1    applicant. All such applications shall be acted upon by the
2    Board at a meeting to be held on such date as may be fixed
3    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 horse
7    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 applicant
10    shall file with the Board a bond payable to the State of
11    Illinois in the sum of $50,000, executed by the applicant
12    and a surety company or companies authorized to do business
13    in this State, and conditioned upon (i) the payment by the
14    licensee of all taxes due under Section 27 or 27.1 and any
15    other monies due and payable under this Act, and (ii)
16    distribution by the licensee, upon presentation of the
17    winning ticket or tickets, of all sums payable to the
18    patrons of pari-mutuel pools.
19        (5) Each license to conduct inter-track wagering and
20    simulcast wagering shall specify the person to whom it is
21    issued, the dates on which such wagering is permitted, and
22    the track or location where the wagering is to be
23    conducted.
24        (6) All wagering under such license is subject to this
25    Act and to the rules and regulations from time to time
26    prescribed by the Board, and every such license issued by

 

 

HB3669- 67 -LRB100 10629 AMC 20852 b

1    the Board shall contain a recital to that effect.
2        (7) An inter-track wagering licensee or inter-track
3    wagering location licensee may accept wagers at the track
4    or location where it is licensed, or as otherwise provided
5    under this Act.
6        (8) Inter-track wagering or simulcast wagering shall
7    not be conducted at any track less than 4 5 miles from a
8    track at which a racing meeting is in progress.
9        (8.1) Inter-track wagering location licensees who
10    derive their licenses from a particular organization
11    licensee shall conduct inter-track wagering and simulcast
12    wagering only at locations that are within 160 miles of
13    that race track where the particular organization licensee
14    is licensed to conduct racing. However, inter-track
15    wagering and simulcast wagering shall not be conducted by
16    those licensees at any location within 5 miles of any race
17    track at which a horse race meeting has been licensed in
18    the current year, unless the person having operating
19    control of such race track has given its written consent to
20    such inter-track wagering location licensees, which
21    consent must be filed with the Board at or prior to the
22    time application is made. In the case of any inter-track
23    wagering location licensee initially licensed after
24    December 31, 2013, inter-track wagering and simulcast
25    wagering shall not be conducted by those inter-track
26    wagering location licensees that are located outside the

 

 

HB3669- 68 -LRB100 10629 AMC 20852 b

1    City of Chicago at any location within 8 miles of any race
2    track at which a horse race meeting has been licensed in
3    the current year, unless the person having operating
4    control of such race track has given its written consent to
5    such inter-track wagering location licensees, which
6    consent must be filed with the Board at or prior to the
7    time application is made.
8        (8.2) Inter-track wagering or simulcast wagering shall
9    not be conducted by an inter-track wagering location
10    licensee at any location within 500 feet of an existing
11    church, an or existing elementary or secondary public
12    school, or an existing elementary or secondary private
13    school registered with or recognized by the State Board of
14    Education school, nor within 500 feet of the residences of
15    more than 50 registered voters without receiving written
16    permission from a majority of the registered voters at such
17    residences. Such written permission statements shall be
18    filed with the Board. The distance of 500 feet shall be
19    measured to the nearest part of any building used for
20    worship services, education programs, residential
21    purposes, or conducting inter-track wagering by an
22    inter-track wagering location licensee, and not to
23    property boundaries. However, inter-track wagering or
24    simulcast wagering may be conducted at a site within 500
25    feet of a church, school or residences of 50 or more
26    registered voters if such church, school or residences have

 

 

HB3669- 69 -LRB100 10629 AMC 20852 b

1    been erected or established, or such voters have been
2    registered, after the Board issues the original
3    inter-track wagering location license at the site in
4    question. Inter-track wagering location licensees may
5    conduct inter-track wagering and simulcast wagering only
6    in areas that are zoned for commercial or manufacturing
7    purposes or in areas for which a special use has been
8    approved by the local zoning authority. However, no license
9    to conduct inter-track wagering and simulcast wagering
10    shall be granted by the Board with respect to any
11    inter-track wagering location within the jurisdiction of
12    any local zoning authority which has, by ordinance or by
13    resolution, prohibited the establishment of an inter-track
14    wagering location within its jurisdiction. However,
15    inter-track wagering and simulcast wagering may be
16    conducted at a site if such ordinance or resolution is
17    enacted after the Board licenses the original inter-track
18    wagering location licensee for the site in question.
19        (9) (Blank).
20        (10) An inter-track wagering licensee or an
21    inter-track wagering location licensee may retain, subject
22    to the payment of the privilege taxes and the purses, an
23    amount not to exceed 17% of all money wagered. Each program
24    of racing conducted by each inter-track wagering licensee
25    or inter-track wagering location licensee shall be
26    considered a separate racing day for the purpose of

 

 

HB3669- 70 -LRB100 10629 AMC 20852 b

1    determining the daily handle and computing the privilege
2    tax or pari-mutuel tax on such daily handle as provided in
3    Section 27.
4        (10.1) Except as provided in subsection (g) of Section
5    27 of this Act, inter-track wagering location licensees
6    shall pay 1% of the pari-mutuel handle at each location to
7    the municipality in which such location is situated and 1%
8    of the pari-mutuel handle at each location to the county in
9    which such location is situated. In the event that an
10    inter-track wagering location licensee is situated in an
11    unincorporated area of a county, such licensee shall pay 2%
12    of the pari-mutuel handle from such location to such
13    county.
14        (10.2) Notwithstanding any other provision of this
15    Act, with respect to inter-track intertrack wagering at a
16    race track located in a county that has a population of
17    more than 230,000 and that is bounded by the Mississippi
18    River ("the first race track"), or at a facility operated
19    by an inter-track wagering licensee or inter-track
20    wagering location licensee that derives its license from
21    the organization licensee that operates the first race
22    track, on races conducted at the first race track or on
23    races conducted at another Illinois race track and
24    simultaneously televised to the first race track or to a
25    facility operated by an inter-track wagering licensee or
26    inter-track wagering location licensee that derives its

 

 

HB3669- 71 -LRB100 10629 AMC 20852 b

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

 

 

HB3669- 72 -LRB100 10629 AMC 20852 b

1    wagers on races conducted by an organization licensee that
2    conducts a race meet in a county with a population in
3    excess of 230,000 and that borders the Mississippi River
4    shall not divide any remaining retention with that
5    organization licensee.
6        (B) From the sums permitted to be retained pursuant to
7    this Act each inter-track wagering location licensee shall
8    pay (i) the privilege or pari-mutuel tax to the State; (ii)
9    4.75% of the pari-mutuel handle on inter-track intertrack
10    wagering at such location on races as purses, except that
11    an inter-track intertrack wagering location licensee that
12    derives its license from a track located in a county with a
13    population in excess of 230,000 and that borders the
14    Mississippi River shall retain all purse moneys for its own
15    purse account consistent with distribution set forth in
16    this subsection (h), and inter-track intertrack wagering
17    location licensees that accept wagers on races conducted by
18    an organization licensee located in a county with a
19    population in excess of 230,000 and that borders the
20    Mississippi River shall distribute all purse moneys to
21    purses at the operating host track; (iii) until January 1,
22    2000, except as provided in subsection (g) of Section 27 of
23    this Act, 1% of the pari-mutuel handle wagered on
24    inter-track wagering and simulcast wagering at each
25    inter-track wagering location licensee facility to the
26    Horse Racing Tax Allocation Fund, provided that, to the

 

 

HB3669- 73 -LRB100 10629 AMC 20852 b

1    extent the total amount collected and distributed to the
2    Horse Racing Tax Allocation Fund under this subsection (h)
3    during any calendar year exceeds the amount collected and
4    distributed to the Horse Racing Tax Allocation Fund during
5    calendar year 1994, that excess amount shall be
6    redistributed (I) to all inter-track wagering location
7    licensees, based on each licensee's pro-rata share of the
8    total handle from inter-track wagering and simulcast
9    wagering for all inter-track wagering location licensees
10    during the calendar year in which this provision is
11    applicable; then (II) the amounts redistributed to each
12    inter-track wagering location licensee as described in
13    subpart (I) shall be further redistributed as provided in
14    subparagraph (B) of paragraph (5) of subsection (g) of this
15    Section 26 provided first, that the shares of those
16    amounts, which are to be redistributed to the host track or
17    to purses at the host track under subparagraph (B) of
18    paragraph (5) of subsection (g) of this Section 26 shall be
19    redistributed based on each host track's pro rata share of
20    the total inter-track wagering and simulcast wagering
21    handle at all host tracks during the calendar year in
22    question, and second, that any amounts redistributed as
23    described in part (I) to an inter-track wagering location
24    licensee that accepts wagers on races conducted by an
25    organization licensee that conducts a race meet in a county
26    with a population in excess of 230,000 and that borders the

 

 

HB3669- 74 -LRB100 10629 AMC 20852 b

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

 

 

HB3669- 75 -LRB100 10629 AMC 20852 b

1    provisions of clauses (ii) and (iv) of this paragraph, in
2    the case of the additional inter-track wagering location
3    licenses authorized under paragraph (1) of this subsection
4    (h) by Public Act 87-110 this amendatory Act of 1991, those
5    licensees shall pay the following amounts as purses: during
6    the first 12 months the licensee is in operation, 5.25% of
7    the pari-mutuel handle wagered at the location on races;
8    during the second 12 months, 5.25%; during the third 12
9    months, 5.75%; during the fourth 12 months, 6.25%; and
10    during the fifth 12 months and thereafter, 6.75%. The
11    following amounts shall be retained by the licensee to
12    satisfy all costs and expenses of conducting its wagering:
13    during the first 12 months the licensee is in operation,
14    8.25% of the pari-mutuel handle wagered at the location;
15    during the second 12 months, 8.25%; during the third 12
16    months, 7.75%; during the fourth 12 months, 7.25%; and
17    during the fifth 12 months and thereafter, 6.75%. For
18    additional inter-track intertrack wagering location
19    licensees authorized under Public Act 89-16 this
20    amendatory Act of 1995, purses for the first 12 months the
21    licensee is in operation shall be 5.75% of the pari-mutuel
22    wagered at the location, purses for the second 12 months
23    the licensee is in operation shall be 6.25%, and purses
24    thereafter shall be 6.75%. For additional inter-track
25    intertrack location licensees authorized under Public Act
26    89-16 this amendatory Act of 1995, the licensee shall be

 

 

HB3669- 76 -LRB100 10629 AMC 20852 b

1    allowed to retain to satisfy all costs and expenses: 7.75%
2    of the pari-mutuel handle wagered at the location during
3    its first 12 months of operation, 7.25% during its second
4    12 months of operation, and 6.75% thereafter.
5        (C) There is hereby created the Horse Racing Tax
6    Allocation Fund which shall remain in existence until
7    December 31, 1999. Moneys remaining in the Fund after
8    December 31, 1999 shall be paid into the General Revenue
9    Fund. Until January 1, 2000, all monies paid into the Horse
10    Racing Tax Allocation Fund pursuant to this paragraph (11)
11    by inter-track wagering location licensees located in park
12    districts of 500,000 population or less, or in a
13    municipality that is not included within any park district
14    but is included within a conservation district and is the
15    county seat of a county that (i) is contiguous to the state
16    of Indiana and (ii) has a 1990 population of 88,257
17    according to the United States Bureau of the Census, and
18    operating on May 1, 1994 shall be allocated by
19    appropriation as follows:
20            Two-sevenths to the Department of Agriculture.
21        Fifty percent of this two-sevenths shall be used to
22        promote the Illinois horse racing and breeding
23        industry, and shall be distributed by the Department of
24        Agriculture upon the advice of a 9-member committee
25        appointed by the Governor consisting of the following
26        members: the Director of Agriculture, who shall serve

 

 

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1        as chairman; 2 representatives of organization
2        licensees conducting thoroughbred race meetings in
3        this State, recommended by those licensees; 2
4        representatives of organization licensees conducting
5        standardbred race meetings in this State, recommended
6        by those licensees; a representative of the Illinois
7        Thoroughbred Breeders and Owners Foundation,
8        recommended by that Foundation; a representative of
9        the Illinois Standardbred Owners and Breeders
10        Association, recommended by that Association; a
11        representative of the Horsemen's Benevolent and
12        Protective Association or any successor organization
13        thereto established in Illinois comprised of the
14        largest number of owners and trainers, recommended by
15        that Association or that successor organization; and a
16        representative of the Illinois Harness Horsemen's
17        Association, recommended by that Association.
18        Committee members shall serve for terms of 2 years,
19        commencing January 1 of each even-numbered year. If a
20        representative of any of the above-named entities has
21        not been recommended by January 1 of any even-numbered
22        year, the Governor shall appoint a committee member to
23        fill that position. Committee members shall receive no
24        compensation for their services as members but shall be
25        reimbursed for all actual and necessary expenses and
26        disbursements incurred in the performance of their

 

 

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1        official duties. The remaining 50% of this
2        two-sevenths shall be distributed to county fairs for
3        premiums and rehabilitation as set forth in the
4        Agricultural Fair Act;
5            Four-sevenths to park districts or municipalities
6        that do not have a park district of 500,000 population
7        or less for museum purposes (if an inter-track wagering
8        location licensee is located in such a park district)
9        or to conservation districts for museum purposes (if an
10        inter-track wagering location licensee is located in a
11        municipality that is not included within any park
12        district but is included within a conservation
13        district and is the county seat of a county that (i) is
14        contiguous to the state of Indiana and (ii) has a 1990
15        population of 88,257 according to the United States
16        Bureau of the Census, except that if the conservation
17        district does not maintain a museum, the monies shall
18        be allocated equally between the county and the
19        municipality in which the inter-track wagering
20        location licensee is located for general purposes) or
21        to a municipal recreation board for park purposes (if
22        an inter-track wagering location licensee is located
23        in a municipality that is not included within any park
24        district and park maintenance is the function of the
25        municipal recreation board and the municipality has a
26        1990 population of 9,302 according to the United States

 

 

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1        Bureau of the Census); provided that the monies are
2        distributed to each park district or conservation
3        district or municipality that does not have a park
4        district in an amount equal to four-sevenths of the
5        amount collected by each inter-track wagering location
6        licensee within the park district or conservation
7        district or municipality for the Fund. Monies that were
8        paid into the Horse Racing Tax Allocation Fund before
9        August 9, 1991 (the effective date of Public Act
10        87-110) this amendatory Act of 1991 by an inter-track
11        wagering location licensee located in a municipality
12        that is not included within any park district but is
13        included within a conservation district as provided in
14        this paragraph shall, as soon as practicable after
15        August 9, 1991 (the effective date of Public Act
16        87-110) this amendatory Act of 1991, be allocated and
17        paid to that conservation district as provided in this
18        paragraph. Any park district or municipality not
19        maintaining a museum may deposit the monies in the
20        corporate fund of the park district or municipality
21        where the inter-track wagering location is located, to
22        be used for general purposes; and
23            One-seventh to the Agricultural Premium Fund to be
24        used for distribution to agricultural home economics
25        extension councils in accordance with "An Act in
26        relation to additional support and finances for the

 

 

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1        Agricultural and Home Economic Extension Councils in
2        the several counties of this State and making an
3        appropriation therefor", approved July 24, 1967.
4        Until January 1, 2000, all other monies paid into the
5    Horse Racing Tax Allocation Fund pursuant to this paragraph
6    (11) shall be allocated by appropriation as follows:
7            Two-sevenths to the Department of Agriculture.
8        Fifty percent of this two-sevenths shall be used to
9        promote the Illinois horse racing and breeding
10        industry, and shall be distributed by the Department of
11        Agriculture upon the advice of a 9-member committee
12        appointed by the Governor consisting of the following
13        members: the Director of Agriculture, who shall serve
14        as chairman; 2 representatives of organization
15        licensees conducting thoroughbred race meetings in
16        this State, recommended by those licensees; 2
17        representatives of organization licensees conducting
18        standardbred race meetings in this State, recommended
19        by those licensees; a representative of the Illinois
20        Thoroughbred Breeders and Owners Foundation,
21        recommended by that Foundation; a representative of
22        the Illinois Standardbred Owners and Breeders
23        Association, recommended by that Association; a
24        representative of the Horsemen's Benevolent and
25        Protective Association or any successor organization
26        thereto established in Illinois comprised of the

 

 

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

 

 

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1        relation to additional support and finances for the
2        Agricultural and Home Economic Extension Councils in
3        the several counties of this State and making an
4        appropriation therefor", approved July 24, 1967. This
5        subparagraph (C) shall be inoperative and of no force
6        and effect on and after January 1, 2000.
7            (D) Except as provided in paragraph (11) of this
8        subsection (h), with respect to purse allocation from
9        inter-track intertrack wagering, the monies so
10        retained shall be divided as follows:
11                (i) If the inter-track wagering licensee,
12            except an inter-track intertrack wagering licensee
13            that derives its license from an organization
14            licensee located in a county with a population in
15            excess of 230,000 and bounded by the Mississippi
16            River, is not conducting its own race meeting
17            during the same dates, then the entire purse
18            allocation shall be to purses at the track where
19            the races wagered on are being conducted.
20                (ii) If the inter-track wagering licensee,
21            except an inter-track intertrack wagering licensee
22            that derives its license from an organization
23            licensee located in a county with a population in
24            excess of 230,000 and bounded by the Mississippi
25            River, is also conducting its own race meeting
26            during the same dates, then the purse allocation

 

 

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1            shall be as follows: 50% to purses at the track
2            where the races wagered on are being conducted; 50%
3            to purses at the track where the inter-track
4            wagering licensee is accepting such wagers.
5                (iii) If the inter-track wagering is being
6            conducted by an inter-track wagering location
7            licensee, except an inter-track intertrack
8            wagering location licensee that derives its
9            license from an organization licensee located in a
10            county with a population in excess of 230,000 and
11            bounded by the Mississippi River, the entire purse
12            allocation for Illinois races shall be to purses at
13            the track where the race meeting being wagered on
14            is being held.
15        (12) The Board shall have all powers necessary and
16    proper to fully supervise and control the conduct of
17    inter-track wagering and simulcast wagering by inter-track
18    wagering licensees and inter-track wagering location
19    licensees, including, but not limited to the following:
20            (A) The Board is vested with power to promulgate
21        reasonable rules and regulations for the purpose of
22        administering the conduct of this wagering and to
23        prescribe reasonable rules, regulations and conditions
24        under which such wagering shall be held and conducted.
25        Such rules and regulations are to provide for the
26        prevention of practices detrimental to the public

 

 

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1        interest and for the best interests of said wagering
2        and to impose penalties for violations thereof.
3            (B) The Board, and any person or persons to whom it
4        delegates this power, is vested with the power to enter
5        the facilities of any licensee to determine whether
6        there has been compliance with the provisions of this
7        Act and the rules and regulations relating to the
8        conduct of such wagering.
9            (C) The Board, and any person or persons to whom it
10        delegates this power, may eject or exclude from any
11        licensee's facilities, any person whose conduct or
12        reputation is such that his presence on such premises
13        may, in the opinion of the Board, call into the
14        question the honesty and integrity of, or interfere
15        with the orderly conduct of such wagering; provided,
16        however, that no person shall be excluded or ejected
17        from such premises solely on the grounds of race,
18        color, creed, national origin, ancestry, or sex.
19            (D) (Blank).
20            (E) The Board is vested with the power to appoint
21        delegates to execute any of the powers granted to it
22        under this Section for the purpose of administering
23        this wagering and any rules and regulations
24        promulgated in accordance with this Act.
25            (F) The Board shall name and appoint a State
26        director of this wagering who shall be a representative

 

 

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1        of the Board and whose duty it shall be to supervise
2        the conduct of inter-track wagering as may be provided
3        for by the rules and regulations of the Board; such
4        rules and regulation shall specify the method of
5        appointment and the Director's powers, authority and
6        duties.
7            (G) The Board is vested with the power to impose
8        civil penalties of up to $5,000 against individuals and
9        up to $10,000 against licensees for each violation of
10        any provision of this Act relating to the conduct of
11        this wagering, any rules adopted by the Board, any
12        order of the Board or any other action which in the
13        Board's discretion, is a detriment or impediment to
14        such wagering.
15        (13) The Department of Agriculture may enter into
16    agreements with licensees authorizing such licensees to
17    conduct inter-track wagering on races to be held at the
18    licensed race meetings conducted by the Department of
19    Agriculture. Such agreement shall specify the races of the
20    Department of Agriculture's licensed race meeting upon
21    which the licensees will conduct wagering. In the event
22    that a licensee conducts inter-track pari-mutuel wagering
23    on races from the Illinois State Fair or DuQuoin State Fair
24    which are in addition to the licensee's previously approved
25    racing program, those races shall be considered a separate
26    racing day for the purpose of determining the daily handle

 

 

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1    and computing the privilege or pari-mutuel tax on that
2    daily handle as provided in Sections 27 and 27.1. Such
3    agreements shall be approved by the Board before such
4    wagering may be conducted. In determining whether to grant
5    approval, the Board shall give due consideration to the
6    best interests of the public and of horse racing. The
7    provisions of paragraphs (1), (8), (8.1), and (8.2) of
8    subsection (h) of this Section which are not specified in
9    this paragraph (13) shall not apply to licensed race
10    meetings conducted by the Department of Agriculture at the
11    Illinois State Fair in Sangamon County or the DuQuoin State
12    Fair in Perry County, or to any wagering conducted on those
13    race meetings.
14        (14) An inter-track wagering location license
15    authorized by the Board in 2016 that is owned and operated
16    by a race track in Rock Island County shall be transferred
17    to a commonly owned race track in Cook County on August 12,
18    2016 (the effective date of Public Act 99-757) this
19    amendatory Act of the 99th General Assembly. The licensee
20    shall retain its status in relation to purse distribution
21    under paragraph (11) of this subsection (h) following the
22    transfer to the new entity. The pari-mutuel tax credit
23    under Section 32.1 shall not be applied toward any
24    pari-mutuel tax obligation of the inter-track wagering
25    location licensee of the license that is transferred under
26    this paragraph (14).

 

 

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1    (i) Notwithstanding the other provisions of this Act, the
2conduct of wagering at wagering facilities is authorized on all
3days, except as limited by subsection (b) of Section 19 of this
4Act.
5(Source: P.A. 98-18, eff. 6-7-13; 98-624, eff. 1-29-14; 98-968,
6eff. 8-15-14; 99-756, eff. 8-12-16; 99-757, eff. 8-12-16;
7revised 9-14-16.)
 
8    (230 ILCS 5/26.8)
9    Sec. 26.8. Beginning on February 1, 2014 and through
10December 31, 2018, each wagering licensee may impose a
11surcharge of up to 0.5% on winning wagers and winnings from
12wagers. The surcharge shall be deducted from winnings prior to
13payout. All amounts collected from the imposition of this
14surcharge shall be evenly distributed to the organization
15licensee and the purse account of the organization licensee
16with which the licensee is affiliated. The amounts distributed
17under this Section shall be in addition to the amounts paid
18pursuant to paragraph (10) of subsection (h) of Section 26,
19Section 26.3, Section 26.4, Section 26.5, and Section 26.7.
20(Source: P.A. 98-624, eff. 1-29-14; 99-756, eff. 8-12-16.)
 
21    (230 ILCS 5/26.9)
22    Sec. 26.9. Beginning on February 1, 2014 and through
23December 31, 2018, in addition to the surcharge imposed in
24Sections 26.3, 26.4, 26.5, 26.7, and 26.8 of this Act, each

 

 

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1licensee shall impose a surcharge of 0.2% on winning wagers and
2winnings from wagers. The surcharge shall be deducted from
3winnings prior to payout. All amounts collected from the
4surcharges imposed under this Section shall be remitted to the
5Board. From amounts collected under this Section, the Board
6shall deposit an amount not to exceed $100,000 annually into
7the Quarter Horse Purse Fund and all remaining amounts into the
8Horse Racing Fund.
9(Source: P.A. 98-624, eff. 1-29-14; 99-756, eff. 8-12-16.)
 
10    (230 ILCS 5/27)  (from Ch. 8, par. 37-27)
11    Sec. 27. (a) In addition to the organization license fee
12provided by this Act, until January 1, 2000, a graduated
13privilege tax is hereby imposed for conducting the pari-mutuel
14system of wagering permitted under this Act. Until January 1,
152000, except as provided in subsection (g) of Section 27 of
16this Act, all of the breakage of each racing day held by any
17licensee in the State shall be paid to the State. Until January
181, 2000, such daily graduated privilege tax shall be paid by
19the licensee from the amount permitted to be retained under
20this Act. Until January 1, 2000, each day's graduated privilege
21tax, breakage, and Horse Racing Tax Allocation funds shall be
22remitted to the Department of Revenue within 48 hours after the
23close of the racing day upon which it is assessed or within
24such other time as the Board prescribes. The privilege tax
25hereby imposed, until January 1, 2000, shall be a flat tax at

 

 

HB3669- 89 -LRB100 10629 AMC 20852 b

1the rate of 2% of the daily pari-mutuel handle except as
2provided in Section 27.1.
3    In addition, every organization licensee, except as
4provided in Section 27.1 of this Act, which conducts multiple
5wagering shall pay, until January 1, 2000, as a privilege tax
6on multiple wagers an amount equal to 1.25% of all moneys
7wagered each day on such multiple wagers, plus an additional
8amount equal to 3.5% of the amount wagered each day on any
9other multiple wager which involves a single betting interest
10on 3 or more horses. The licensee shall remit the amount of
11such taxes to the Department of Revenue within 48 hours after
12the close of the racing day on which it is assessed or within
13such other time as the Board prescribes.
14    This subsection (a) shall be inoperative and of no force
15and effect on and after January 1, 2000.
16    (a-5) Beginning on January 1, 2000, a flat pari-mutuel tax
17at the rate of 1.5% of the daily pari-mutuel handle is imposed
18at all pari-mutuel wagering facilities and on advance deposit
19wagering from a location other than a wagering facility, except
20as otherwise provided for in this subsection (a-5). In addition
21to the pari-mutuel tax imposed on advance deposit wagering
22pursuant to this subsection (a-5), beginning on August 24, 2012
23(the effective date of Public Act 97-1060) and through December
2431, 2018, an additional pari-mutuel tax at the rate of 0.25%
25shall be imposed on advance deposit wagering. Until August 25,
262012, the additional 0.25% pari-mutuel tax imposed on advance

 

 

HB3669- 90 -LRB100 10629 AMC 20852 b

1deposit wagering by Public Act 96-972 shall be deposited into
2the Quarter Horse Purse Fund, which shall be created as a
3non-appropriated trust fund administered by the Board for
4grants to thoroughbred organization licensees for payment of
5purses for quarter horse races conducted by the organization
6licensee. Beginning on August 26, 2012, the additional 0.25%
7pari-mutuel tax imposed on advance deposit wagering shall be
8deposited into the Standardbred Purse Fund, which shall be
9created as a non-appropriated trust fund administered by the
10Board, for grants to the standardbred organization licensees
11for payment of purses for standardbred horse races conducted by
12the organization licensee. Thoroughbred organization licensees
13may petition the Board to conduct quarter horse racing and
14receive purse grants from the Quarter Horse Purse Fund. The
15Board shall have complete discretion in distributing the
16Quarter Horse Purse Fund to the petitioning organization
17licensees. Beginning on July 26, 2010 (the effective date of
18Public Act 96-1287), a pari-mutuel tax at the rate of 0.75% of
19the daily pari-mutuel handle is imposed at a pari-mutuel
20facility whose license is derived from a track located in a
21county that borders the Mississippi River and conducted live
22racing in the previous year. The pari-mutuel tax imposed by
23this subsection (a-5) shall be remitted to the Department of
24Revenue within 48 hours after the close of the racing day upon
25which it is assessed or within such other time as the Board
26prescribes.

 

 

HB3669- 91 -LRB100 10629 AMC 20852 b

1    (a-10) Beginning on the date when an organization licensee
2begins conducting electronic gaming pursuant to an electronic
3gaming license, the following pari-mutuel tax is imposed upon
4an organization licensee on Illinois races at the licensee's
5race track:
6        1.5% of the pari-mutuel handle at or below the average
7    daily pari-mutuel handle for 2011.
8        2% of the pari-mutuel handle above the average daily
9    pari-mutuel handle for 2011 up to 125% of the average daily
10    pari-mutuel handle for 2011.
11        2.5% of the pari-mutuel handle 125% or more above the
12    average daily pari-mutuel handle for 2011 up to 150% of the
13    average daily pari-mutuel handle for 2011.
14        3% of the pari-mutuel handle 150% or more above the
15    average daily pari-mutuel handle for 2011 up to 175% of the
16    average daily pari-mutuel handle for 2011.
17        3.5% of the pari-mutuel handle 175% or more above the
18    average daily pari-mutuel handle for 2011.
19    The pari-mutuel tax imposed by this subsection (a-10) shall
20be remitted to the Board within 48 hours after the close of the
21racing day upon which it is assessed or within such other time
22as the Board prescribes.
23    (b) On or before December 31, 1999, in the event that any
24organization licensee conducts 2 separate programs of races on
25any day, each such program shall be considered a separate
26racing day for purposes of determining the daily handle and

 

 

HB3669- 92 -LRB100 10629 AMC 20852 b

1computing the privilege tax on such daily handle as provided in
2subsection (a) of this Section.
3    (c) Licensees shall at all times keep accurate books and
4records of all monies wagered on each day of a race meeting and
5of the taxes paid to the Department of Revenue under the
6provisions of this Section. The Board or its duly authorized
7representative or representatives shall at all reasonable
8times have access to such records for the purpose of examining
9and checking the same and ascertaining whether the proper
10amount of taxes is being paid as provided. The Board shall
11require verified reports and a statement of the total of all
12monies wagered daily at each wagering facility upon which the
13taxes are assessed and may prescribe forms upon which such
14reports and statement shall be made.
15    (d) Before a license is issued or re-issued, the licensee
16shall post a bond in the sum of $500,000 to the State of
17Illinois. The bond shall be used to guarantee that the licensee
18faithfully makes the payments, keeps the books and records and
19makes reports, and conducts games of chance in conformity with
20this Act and the rules adopted by the Board. The bond shall not
21be canceled by a surety on less than 30 days' notice in writing
22to the Board. If a bond is canceled and the licensee fails to
23file a new bond with the Board in the required amount on or
24before the effective date of cancellation, the licensee's
25license shall be revoked. The total and aggregate liability of
26the surety on the bond is limited to the amount specified in

 

 

HB3669- 93 -LRB100 10629 AMC 20852 b

1the bond. Any licensee failing or refusing to pay the amount of
2any tax due under this Section shall be guilty of a business
3offense and upon conviction shall be fined not more than $5,000
4in addition to the amount found due as tax under this Section.
5Each day's violation shall constitute a separate offense. All
6fines paid into Court by a licensee hereunder shall be
7transmitted and paid over by the Clerk of the Court to the
8Board.
9    (e) No other license fee, privilege tax, excise tax, or
10racing fee, except as provided in this Act, shall be assessed
11or collected from any such licensee by the State.
12    (f) No other license fee, privilege tax, excise tax or
13racing fee shall be assessed or collected from any such
14licensee by units of local government except as provided in
15paragraph 10.1 of subsection (h) and subsection (f) of Section
1626 of this Act. However, any municipality that has a Board
17licensed horse race meeting at a race track wholly within its
18corporate boundaries or a township that has a Board licensed
19horse race meeting at a race track wholly within the
20unincorporated area of the township may charge a local
21amusement tax not to exceed 10 per admission to such horse
22race meeting by the enactment of an ordinance. However, any
23municipality or county that has a Board licensed inter-track
24wagering location facility wholly within its corporate
25boundaries may each impose an admission fee not to exceed $1.00
26per admission to such inter-track wagering location facility,

 

 

HB3669- 94 -LRB100 10629 AMC 20852 b

1so that a total of not more than $2.00 per admission may be
2imposed. Except as provided in subparagraph (g) of Section 27
3of this Act, the inter-track wagering location licensee shall
4collect any and all such fees and within 48 hours remit the
5fees to the Board as the Board prescribes, which shall,
6pursuant to rule, cause the fees to be distributed to the
7county or municipality.
8    (g) Notwithstanding any provision in this Act to the
9contrary, if in any calendar year the total taxes and fees from
10wagering on live racing and from inter-track wagering required
11to be collected from licensees and distributed under this Act
12to all State and local governmental authorities exceeds the
13amount of such taxes and fees distributed to each State and
14local governmental authority to which each State and local
15governmental authority was entitled under this Act for calendar
16year 1994, then the first $11 million of that excess amount
17shall be allocated at the earliest possible date for
18distribution as purse money for the succeeding calendar year.
19Upon reaching the 1994 level, and until the excess amount of
20taxes and fees exceeds $11 million, the Board shall direct all
21licensees to cease paying the subject taxes and fees and the
22Board shall direct all licensees to allocate any such excess
23amount for purses as follows:
24        (i) the excess amount shall be initially divided
25    between thoroughbred and standardbred purses based on the
26    thoroughbred's and standardbred's respective percentages

 

 

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1    of total Illinois live wagering in calendar year 1994;
2        (ii) each thoroughbred and standardbred organization
3    licensee issued an organization licensee in that
4    succeeding allocation year shall be allocated an amount
5    equal to the product of its percentage of total Illinois
6    live thoroughbred or standardbred wagering in calendar
7    year 1994 (the total to be determined based on the sum of
8    1994 on-track wagering for all organization licensees
9    issued organization licenses in both the allocation year
10    and the preceding year) multiplied by the total amount
11    allocated for standardbred or thoroughbred purses,
12    provided that the first $1,500,000 of the amount allocated
13    to standardbred purses under item (i) shall be allocated to
14    the Department of Agriculture to be expended with the
15    assistance and advice of the Illinois Standardbred
16    Breeders Funds Advisory Board for the purposes listed in
17    subsection (g) of Section 31 of this Act, before the amount
18    allocated to standardbred purses under item (i) is
19    allocated to standardbred organization licensees in the
20    succeeding allocation year.
21    To the extent the excess amount of taxes and fees to be
22collected and distributed to State and local governmental
23authorities exceeds $11 million, that excess amount shall be
24collected and distributed to State and local authorities as
25provided for under this Act.
26(Source: P.A. 98-18, eff. 6-7-13; 98-624, eff. 1-29-14; 99-756,

 

 

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1eff. 8-12-16.)
 
2    (230 ILCS 5/30)  (from Ch. 8, par. 37-30)
3    Sec. 30. (a) The General Assembly declares that it is the
4policy of this State to encourage the breeding of thoroughbred
5horses in this State and the ownership of such horses by
6residents of this State in order to provide for: sufficient
7numbers of high quality thoroughbred horses to participate in
8thoroughbred racing meetings in this State, and to establish
9and preserve the agricultural and commercial benefits of such
10breeding and racing industries to the State of Illinois. It is
11the intent of the General Assembly to further this policy by
12the provisions of this Act.
13    (b) Each organization licensee conducting a thoroughbred
14racing meeting pursuant to this Act shall provide at least two
15races each day limited to Illinois conceived and foaled horses
16or Illinois foaled horses or both. A minimum of 6 races shall
17be conducted each week limited to Illinois conceived and foaled
18or Illinois foaled horses or both. No horses shall be permitted
19to start in such races unless duly registered under the rules
20of the Department of Agriculture.
21    (c) Conditions of races under subsection (b) shall be
22commensurate with past performance, quality, and class of
23Illinois conceived and foaled and Illinois foaled horses
24available. If, however, sufficient competition cannot be had
25among horses of that class on any day, the races may, with

 

 

HB3669- 97 -LRB100 10629 AMC 20852 b

1consent of the Board, be eliminated for that day and substitute
2races provided.
3    (d) There is hereby created a special fund of the State
4Treasury to be known as the Illinois Thoroughbred Breeders
5Fund.
6    Beginning on the effective date of this amendatory Act of
7the 100th General Assembly, the Illinois Thoroughbred Breeders
8Fund shall become a non-appropriated trust fund held separately
9from State moneys. Expenditures from this Fund shall no longer
10be subject to appropriation.
11    Except as provided in subsection (g) of Section 27 of this
12Act, 8.5% of all the monies received by the State as privilege
13taxes on Thoroughbred racing meetings shall be paid into the
14Illinois Thoroughbred Breeders Fund.
15    Notwithstanding any provision of law to the contrary,
16amounts deposited into the Illinois Thoroughbred Breeders Fund
17from revenues generated by electronic gaming after the
18effective date of this amendatory Act of the 100th General
19Assembly shall be in addition to tax and fee amounts paid under
20this Section for calendar year 2017 and thereafter.
21    (e) The Illinois Thoroughbred Breeders Fund shall be
22administered by the Department of Agriculture with the advice
23and assistance of the Advisory Board created in subsection (f)
24of this Section.
25    (f) The Illinois Thoroughbred Breeders Fund Advisory Board
26shall consist of the Director of the Department of Agriculture,

 

 

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1who shall serve as Chairman; a member of the Illinois Racing
2Board, designated by it; 2 representatives of the organization
3licensees conducting thoroughbred racing meetings, recommended
4by them; 2 representatives of the Illinois Thoroughbred
5Breeders and Owners Foundation, recommended by it; one
6representative and 2 representatives of the Horsemen's
7Benevolent Protective Association; and one representative from
8the Illinois Thoroughbred Horsemen's Association or any
9successor organization established in Illinois comprised of
10the largest number of owners and trainers, recommended by it,
11with one representative of the Horsemen's Benevolent and
12Protective Association to come from its Illinois Division, and
13one from its Chicago Division. Advisory Board members shall
14serve for 2 years commencing January 1 of each odd numbered
15year. If representatives of the organization licensees
16conducting thoroughbred racing meetings, the Illinois
17Thoroughbred Breeders and Owners Foundation, and the
18Horsemen's Benevolent Protection Association, and the Illinois
19Thoroughbred Horsemen's Association have not been recommended
20by January 1, of each odd numbered year, the Director of the
21Department of Agriculture shall make an appointment for the
22organization failing to so recommend a member of the Advisory
23Board. Advisory Board members shall receive no compensation for
24their services as members but shall be reimbursed for all
25actual and necessary expenses and disbursements incurred in the
26execution of their official duties.

 

 

HB3669- 99 -LRB100 10629 AMC 20852 b

1    (g) No monies shall be expended from the Illinois
2Thoroughbred Breeders Fund except as appropriated by the
3General Assembly. Monies expended appropriated from the
4Illinois Thoroughbred Breeders Fund shall be expended by the
5Department of Agriculture, with the advice and assistance of
6the Illinois Thoroughbred Breeders Fund Advisory Board, for the
7following purposes only:
8        (1) To provide purse supplements to owners of horses
9    participating in races limited to Illinois conceived and
10    foaled and Illinois foaled horses. Any such purse
11    supplements shall not be included in and shall be paid in
12    addition to any purses, stakes, or breeders' awards offered
13    by each organization licensee as determined by agreement
14    between such organization licensee and an organization
15    representing the horsemen. No monies from the Illinois
16    Thoroughbred Breeders Fund shall be used to provide purse
17    supplements for claiming races in which the minimum
18    claiming price is less than $7,500.
19        (2) To provide stakes and awards to be paid to the
20    owners of the winning horses in certain races limited to
21    Illinois conceived and foaled and Illinois foaled horses
22    designated as stakes races.
23        (2.5) To provide an award to the owner or owners of an
24    Illinois conceived and foaled or Illinois foaled horse that
25    wins a maiden special weight, an allowance, overnight
26    handicap race, or claiming race with claiming price of

 

 

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1    $10,000 or more providing the race is not restricted to
2    Illinois conceived and foaled or Illinois foaled horses.
3    Awards shall also be provided to the owner or owners of
4    Illinois conceived and foaled and Illinois foaled horses
5    that place second or third in those races. To the extent
6    that additional moneys are required to pay the minimum
7    additional awards of 40% of the purse the horse earns for
8    placing first, second or third in those races for Illinois
9    foaled horses and of 60% of the purse the horse earns for
10    placing first, second or third in those races for Illinois
11    conceived and foaled horses, those moneys shall be provided
12    from the purse account at the track where earned.
13        (3) To provide stallion awards to the owner or owners
14    of any stallion that is duly registered with the Illinois
15    Thoroughbred Breeders Fund Program prior to the effective
16    date of this amendatory Act of 1995 whose duly registered
17    Illinois conceived and foaled offspring wins a race
18    conducted at an Illinois thoroughbred racing meeting other
19    than a claiming race, provided that the stallion stood
20    service within Illinois at the time the offspring was
21    conceived and that the stallion did not stand for service
22    outside of Illinois at any time during the year in which
23    the offspring was conceived. Such award shall not be paid
24    to the owner or owners of an Illinois stallion that served
25    outside this State at any time during the calendar year in
26    which such race was conducted.

 

 

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1        (4) To provide $75,000 annually for purses to be
2    distributed to county fairs that provide for the running of
3    races during each county fair exclusively for the
4    thoroughbreds conceived and foaled in Illinois. The
5    conditions of the races shall be developed by the county
6    fair association and reviewed by the Department with the
7    advice and assistance of the Illinois Thoroughbred
8    Breeders Fund Advisory Board. There shall be no wagering of
9    any kind on the running of Illinois conceived and foaled
10    races at county fairs.
11        (4.1) To provide purse money for an Illinois stallion
12    stakes program.
13        (5) No less than 90% 80% of all monies appropriated
14    from the Illinois Thoroughbred Breeders Fund shall be
15    expended for the purposes in (1), (2), (2.5), (3), (4),
16    (4.1), and (5) as shown above.
17        (6) To provide for educational programs regarding the
18    thoroughbred breeding industry.
19        (7) To provide for research programs concerning the
20    health, development and care of the thoroughbred horse.
21        (8) To provide for a scholarship and training program
22    for students of equine veterinary medicine.
23        (9) To provide for dissemination of public information
24    designed to promote the breeding of thoroughbred horses in
25    Illinois.
26        (10) To provide for all expenses incurred in the

 

 

HB3669- 102 -LRB100 10629 AMC 20852 b

1    administration of the Illinois Thoroughbred Breeders Fund.
2    (h) The Illinois Thoroughbred Breeders Fund is not subject
3to administrative charges or chargebacks, including, but not
4limited to, those authorized under Section 8h of the State
5Finance Act. Whenever the Governor finds that the amount in the
6Illinois Thoroughbred Breeders Fund is more than the total of
7the outstanding appropriations from such fund, the Governor
8shall notify the State Comptroller and the State Treasurer of
9such fact. The Comptroller and the State Treasurer, upon
10receipt of such notification, shall transfer such excess amount
11from the Illinois Thoroughbred Breeders Fund to the General
12Revenue Fund.
13    (i) A sum equal to 13% of the first prize money of every
14purse won by an Illinois foaled or Illinois conceived and
15foaled horse in races not limited to Illinois foaled horses or
16Illinois conceived and foaled horses, or both, shall be paid by
17the organization licensee conducting the horse race meeting.
18Such sum shall be paid 50% from the organization licensee's
19share of the money wagered and 50% from the purse account as
20follows: 11 1/2% to the breeder of the winning horse and 1 1/2%
21to the organization representing thoroughbred breeders and
22owners who representative serves on the Illinois Thoroughbred
23Breeders Fund Advisory Board for verifying the amounts of
24breeders' awards earned, ensuring their distribution in
25accordance with this Act, and servicing and promoting the
26Illinois thoroughbred horse racing industry. Beginning in the

 

 

HB3669- 103 -LRB100 10629 AMC 20852 b

1calendar year in which an organization licensee that is
2eligible to receive payments under paragraph (13) of subsection
3(g) of Section 26 of this Act begins to receive funds from
4electronic gaming, a sum equal to 21 1/2% of the first prize
5money of every purse won by an Illinois foaled or an Illinois
6conceived and foaled horse in races not limited to an Illinois
7conceived and foaled horse, or both, shall be paid 30% from the
8organization licensee's account and 70% from the purse account
9as follows: 20% to the breeder of the winning horse and 1 1/2%
10to the organization representing thoroughbred breeders and
11owners whose representatives serves on the Illinois
12Thoroughbred Breeders Fund Advisory Board for verifying the
13amounts of breeders' awards earned, assuring their
14distribution in accordance with this Act, and servicing and
15promoting the Illinois Thoroughbred racing industry. A sum
16equal to 12 1/2% of the first prize money of every purse won by
17an Illinois foaled or an Illinois conceived and foaled horse in
18races not limited to Illinois foaled horses or Illinois
19conceived and foaled horses, or both, shall be paid by the
20organization licensee conducting the horse race meeting. Such
21sum shall be paid from the organization licensee's share of the
22money wagered as follows: 11 1/2% to the breeder of the winning
23horse and 1% to the organization representing thoroughbred
24breeders and owners whose representative serves on the Illinois
25Thoroughbred Breeders Fund Advisory Board for verifying the
26amounts of breeders' awards earned, assuring their

 

 

HB3669- 104 -LRB100 10629 AMC 20852 b

1distribution in accordance with this Act, and servicing and
2promoting the Illinois thoroughbred horse racing industry. The
3organization representing thoroughbred breeders and owners
4shall cause all expenditures of monies received under this
5subsection (i) to be audited at least annually by a registered
6public accountant. The organization shall file copies of each
7annual audit with the Racing Board, the Clerk of the House of
8Representatives and the Secretary of the Senate, and shall make
9copies of each annual audit available to the public upon
10request and upon payment of the reasonable cost of photocopying
11the requested number of copies. Such payments shall not reduce
12any award to the owner of the horse or reduce the taxes payable
13under this Act. Upon completion of its racing meet, each
14organization licensee shall deliver to the organization
15representing thoroughbred breeders and owners whose
16representative serves on the Illinois Thoroughbred Breeders
17Fund Advisory Board a listing of all the Illinois foaled and
18the Illinois conceived and foaled horses which won breeders'
19awards and the amount of such breeders' awards under this
20subsection to verify accuracy of payments and assure proper
21distribution of breeders' awards in accordance with the
22provisions of this Act. Such payments shall be delivered by the
23organization licensee within 30 days of the end of each race
24meeting.
25    (j) A sum equal to 13% of the first prize money won in
26every race limited to Illinois foaled horses or Illinois

 

 

HB3669- 105 -LRB100 10629 AMC 20852 b

1conceived and foaled horses, or both, shall be paid in the
2following manner by the organization licensee conducting the
3horse race meeting, 50% from the organization licensee's share
4of the money wagered and 50% from the purse account as follows:
511 1/2% to the breeders of the horses in each such race which
6are the official first, second, third, and fourth finishers and
71 1/2% to the organization representing thoroughbred breeders
8and owners whose representatives serves on the Illinois
9Thoroughbred Breeders Fund Advisory Board for verifying the
10amounts of breeders' awards earned, ensuring their proper
11distribution in accordance with this Act, and servicing and
12promoting the Illinois horse racing industry. Beginning in the
13calendar year in which an organization licensee that is
14eligible to receive payments under paragraph (13) of subsection
15(g) of Section 26 of this Act begins to receive funds from
16electronic gaming, a sum of 21 1/2% of every purse in a race
17limited to Illinois foaled horses or Illinois conceived and
18foaled horses, or both, shall be paid by the organization
19licensee conducting the horse race meeting. Such sum shall be
20paid 30% from the organization licensee's account and 70% from
21the purse account as follows: 20% to the breeders of the horses
22in each such race who are official first, second, third and
23fourth finishers and 1 1/2% to the organization representing
24thoroughbred breeders and owners whose representatives serve
25on the Illinois Thoroughbred Breeders Fund Advisory Board for
26verifying the amounts of breeders' awards earned, ensuring

 

 

HB3669- 106 -LRB100 10629 AMC 20852 b

1their proper distribution in accordance with this Act, and
2servicing and promoting the Illinois thoroughbred horse racing
3industry. The organization representing thoroughbred breeders
4and owners shall cause all expenditures of moneys received
5under this subsection (j) to be audited at least annually by a
6registered public accountant. The organization shall file
7copies of each annual audit with the Racing Board, the Clerk of
8the House of Representatives and the Secretary of the Senate,
9and shall make copies of each annual audit available to the
10public upon request and upon payment of the reasonable cost of
11photocopying the requested number of copies. A sum equal to 12
121/2% of the first prize money won in each race limited to
13Illinois foaled horses or Illinois conceived and foaled horses,
14or both, shall be paid in the following manner by the
15organization licensee conducting the horse race meeting, from
16the organization licensee's share of the money wagered: 11 1/2%
17to the breeders of the horses in each such race which are the
18official first, second, third and fourth finishers and 1% to
19the organization representing thoroughbred breeders and owners
20whose representative serves on the Illinois Thoroughbred
21Breeders Fund Advisory Board for verifying the amounts of
22breeders' awards earned, assuring their proper distribution in
23accordance with this Act, and servicing and promoting the
24Illinois thoroughbred horse racing industry. The organization
25representing thoroughbred breeders and owners shall cause all
26expenditures of monies received under this subsection (j) to be

 

 

HB3669- 107 -LRB100 10629 AMC 20852 b

1audited at least annually by a registered public accountant.
2The organization shall file copies of each annual audit with
3the Racing Board, the Clerk of the House of Representatives and
4the Secretary of the Senate, and shall make copies of each
5annual audit available to the public upon request and upon
6payment of the reasonable cost of photocopying the requested
7number of copies.
8    The amounts 11 1/2% paid to the breeders in accordance with
9this subsection shall be distributed as follows:
10        (1) 60% of such sum shall be paid to the breeder of the
11    horse which finishes in the official first position;
12        (2) 20% of such sum shall be paid to the breeder of the
13    horse which finishes in the official second position;
14        (3) 15% of such sum shall be paid to the breeder of the
15    horse which finishes in the official third position; and
16        (4) 5% of such sum shall be paid to the breeder of the
17    horse which finishes in the official fourth position.
18    Such payments shall not reduce any award to the owners of a
19horse or reduce the taxes payable under this Act. Upon
20completion of its racing meet, each organization licensee shall
21deliver to the organization representing thoroughbred breeders
22and owners whose representative serves on the Illinois
23Thoroughbred Breeders Fund Advisory Board a listing of all the
24Illinois foaled and the Illinois conceived and foaled horses
25which won breeders' awards and the amount of such breeders'
26awards in accordance with the provisions of this Act. Such

 

 

HB3669- 108 -LRB100 10629 AMC 20852 b

1payments shall be delivered by the organization licensee within
230 days of the end of each race meeting.
3    (k) The term "breeder", as used herein, means the owner of
4the mare at the time the foal is dropped. An "Illinois foaled
5horse" is a foal dropped by a mare which enters this State on
6or before December 1, in the year in which the horse is bred,
7provided the mare remains continuously in this State until its
8foal is born. An "Illinois foaled horse" also means a foal born
9of a mare in the same year as the mare enters this State on or
10before March 1, and remains in this State at least 30 days
11after foaling, is bred back during the season of the foaling to
12an Illinois Registered Stallion (unless a veterinarian
13certifies that the mare should not be bred for health reasons),
14and is not bred to a stallion standing in any other state
15during the season of foaling. An "Illinois foaled horse" also
16means a foal born in Illinois of a mare purchased at public
17auction subsequent to the mare entering this State on or before
18March 1 prior to February 1 of the foaling year providing the
19mare is owned solely by one or more Illinois residents or an
20Illinois entity that is entirely owned by one or more Illinois
21residents.
22    (l) The Department of Agriculture shall, by rule, with the
23advice and assistance of the Illinois Thoroughbred Breeders
24Fund Advisory Board:
25        (1) Qualify stallions for Illinois breeding; such
26    stallions to stand for service within the State of Illinois

 

 

HB3669- 109 -LRB100 10629 AMC 20852 b

1    at the time of a foal's conception. Such stallion must not
2    stand for service at any place outside the State of
3    Illinois during the calendar year in which the foal is
4    conceived. The Department of Agriculture may assess and
5    collect an application fee of up to $500 fees for the
6    registration of Illinois-eligible stallions. All fees
7    collected are to be held in trust accounts for the purposes
8    set forth in this Act and in accordance with Section 205-15
9    of the Department of Agriculture Law paid into the Illinois
10    Thoroughbred Breeders Fund.
11        (2) Provide for the registration of Illinois conceived
12    and foaled horses and Illinois foaled horses. No such horse
13    shall compete in the races limited to Illinois conceived
14    and foaled horses or Illinois foaled horses or both unless
15    registered with the Department of Agriculture. The
16    Department of Agriculture may prescribe such forms as are
17    necessary to determine the eligibility of such horses. The
18    Department of Agriculture may assess and collect
19    application fees for the registration of Illinois-eligible
20    foals. All fees collected are to be held in trust accounts
21    for the purposes set forth in this Act and in accordance
22    with Section 205-15 of the Department of Agriculture Law
23    paid into the Illinois Thoroughbred Breeders Fund. No
24    person shall knowingly prepare or cause preparation of an
25    application for registration of such foals containing
26    false information.

 

 

HB3669- 110 -LRB100 10629 AMC 20852 b

1    (m) The Department of Agriculture, with the advice and
2assistance of the Illinois Thoroughbred Breeders Fund Advisory
3Board, shall provide that certain races limited to Illinois
4conceived and foaled and Illinois foaled horses be stakes races
5and determine the total amount of stakes and awards to be paid
6to the owners of the winning horses in such races.
7    In determining the stakes races and the amount of awards
8for such races, the Department of Agriculture shall consider
9factors, including but not limited to, the amount of money
10appropriated for the Illinois Thoroughbred Breeders Fund
11program, organization licensees' contributions, availability
12of stakes caliber horses as demonstrated by past performances,
13whether the race can be coordinated into the proposed racing
14dates within organization licensees' racing dates, opportunity
15for colts and fillies and various age groups to race, public
16wagering on such races, and the previous racing schedule.
17    (n) The Board and the organization organizational licensee
18shall notify the Department of the conditions and minimum
19purses for races limited to Illinois conceived and foaled and
20Illinois foaled horses conducted for each organization
21organizational licensee conducting a thoroughbred racing
22meeting. The Department of Agriculture with the advice and
23assistance of the Illinois Thoroughbred Breeders Fund Advisory
24Board may allocate monies for purse supplements for such races.
25In determining whether to allocate money and the amount, the
26Department of Agriculture shall consider factors, including

 

 

HB3669- 111 -LRB100 10629 AMC 20852 b

1but not limited to, the amount of money appropriated for the
2Illinois Thoroughbred Breeders Fund program, the number of
3races that may occur, and the organization organizational
4licensee's purse structure.
5    (o) (Blank).
6(Source: P.A. 98-692, eff. 7-1-14.)
 
7    (230 ILCS 5/30.5)
8    Sec. 30.5. Illinois Racing Quarter Horse Breeders Fund.
9    (a) The General Assembly declares that it is the policy of
10this State to encourage the breeding of racing quarter horses
11in this State and the ownership of such horses by residents of
12this State in order to provide for sufficient numbers of high
13quality racing quarter horses in this State and to establish
14and preserve the agricultural and commercial benefits of such
15breeding and racing industries to the State of Illinois. It is
16the intent of the General Assembly to further this policy by
17the provisions of this Act.
18    (b) There is hereby created non-appropriated trust a
19special fund in the State Treasury to be known as the Illinois
20Racing Quarter Horse Breeders Fund, which is held separately
21from State moneys. Except as provided in subsection (g) of
22Section 27 of this Act, 8.5% of all the moneys received by the
23State as pari-mutuel taxes on quarter horse racing shall be
24paid into the Illinois Racing Quarter Horse Breeders Fund. The
25Illinois Racing Quarter Horse Breeders Fund shall not be

 

 

HB3669- 112 -LRB100 10629 AMC 20852 b

1subject to administrative charges or chargebacks, including,
2but not limited to, those authorized under Section 8h of the
3State Finance Act.
4    (c) The Illinois Racing Quarter Horse Breeders Fund shall
5be administered by the Department of Agriculture with the
6advice and assistance of the Advisory Board created in
7subsection (d) of this Section.
8    (d) The Illinois Racing Quarter Horse Breeders Fund
9Advisory Board shall consist of the Director of the Department
10of Agriculture, who shall serve as Chairman; a member of the
11Illinois Racing Board, designated by it; one representative of
12the organization licensees conducting pari-mutuel quarter
13horse racing meetings, recommended by them; 2 representatives
14of the Illinois Running Quarter Horse Association, recommended
15by it; and the Superintendent of Fairs and Promotions from the
16Department of Agriculture. Advisory Board members shall serve
17for 2 years commencing January 1 of each odd numbered year. If
18representatives have not been recommended by January 1 of each
19odd numbered year, the Director of the Department of
20Agriculture may make an appointment for the organization
21failing to so recommend a member of the Advisory Board.
22Advisory Board members shall receive no compensation for their
23services as members but may be reimbursed for all actual and
24necessary expenses and disbursements incurred in the execution
25of their official duties.
26    (e) Moneys in No moneys shall be expended from the Illinois

 

 

HB3669- 113 -LRB100 10629 AMC 20852 b

1Racing Quarter Horse Breeders Fund except as appropriated by
2the General Assembly. Moneys appropriated from the Illinois
3Racing Quarter Horse Breeders Fund shall be expended by the
4Department of Agriculture, with the advice and assistance of
5the Illinois Racing Quarter Horse Breeders Fund Advisory Board,
6for the following purposes only:
7        (1) To provide stakes and awards to be paid to the
8    owners of the winning horses in certain races. This
9    provision is limited to Illinois conceived and foaled
10    horses.
11        (2) To provide an award to the owner or owners of an
12    Illinois conceived and foaled horse that wins a race when
13    pari-mutuel wagering is conducted; providing the race is
14    not restricted to Illinois conceived and foaled horses.
15        (3) To provide purse money for an Illinois stallion
16    stakes program.
17        (4) To provide for purses to be distributed for the
18    running of races during the Illinois State Fair and the
19    DuQuoin State Fair exclusively for quarter horses
20    conceived and foaled in Illinois.
21        (5) To provide for purses to be distributed for the
22    running of races at Illinois county fairs exclusively for
23    quarter horses conceived and foaled in Illinois.
24        (6) To provide for purses to be distributed for running
25    races exclusively for quarter horses conceived and foaled
26    in Illinois at locations in Illinois determined by the

 

 

HB3669- 114 -LRB100 10629 AMC 20852 b

1    Department of Agriculture with advice and consent of the
2    Illinois Racing Quarter Horse Breeders Fund Advisory
3    Board.
4        (7) No less than 90% of all moneys appropriated from
5    the Illinois Racing Quarter Horse Breeders Fund shall be
6    expended for the purposes in items (1), (2), (3), (4), and
7    (5) of this subsection (e).
8        (8) To provide for research programs concerning the
9    health, development, and care of racing quarter horses.
10        (9) To provide for dissemination of public information
11    designed to promote the breeding of racing quarter horses
12    in Illinois.
13        (10) To provide for expenses incurred in the
14    administration of the Illinois Racing Quarter Horse
15    Breeders Fund.
16    (f) The Department of Agriculture shall, by rule, with the
17advice and assistance of the Illinois Racing Quarter Horse
18Breeders Fund Advisory Board:
19        (1) Qualify stallions for Illinois breeding; such
20    stallions to stand for service within the State of
21    Illinois, at the time of a foal's conception. Such stallion
22    must not stand for service at any place outside the State
23    of Illinois during the calendar year in which the foal is
24    conceived. The Department of Agriculture may assess and
25    collect application fees for the registration of
26    Illinois-eligible stallions. All fees collected are to be

 

 

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1    paid into the Illinois Racing Quarter Horse Breeders Fund.
2        (2) Provide for the registration of Illinois conceived
3    and foaled horses. No such horse shall compete in the races
4    limited to Illinois conceived and foaled horses unless it
5    is registered with the Department of Agriculture. The
6    Department of Agriculture may prescribe such forms as are
7    necessary to determine the eligibility of such horses. The
8    Department of Agriculture may assess and collect
9    application fees for the registration of Illinois-eligible
10    foals. All fees collected are to be paid into the Illinois
11    Racing Quarter Horse Breeders Fund. No person shall
12    knowingly prepare or cause preparation of an application
13    for registration of such foals that contains false
14    information.
15    (g) The Department of Agriculture, with the advice and
16assistance of the Illinois Racing Quarter Horse Breeders Fund
17Advisory Board, shall provide that certain races limited to
18Illinois conceived and foaled be stakes races and determine the
19total amount of stakes and awards to be paid to the owners of
20the winning horses in such races.
21(Source: P.A. 98-463, eff. 8-16-13.)
 
22    (230 ILCS 5/31)  (from Ch. 8, par. 37-31)
23    Sec. 31. (a) The General Assembly declares that it is the
24policy of this State to encourage the breeding of standardbred
25horses in this State and the ownership of such horses by

 

 

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1residents of this State in order to provide for: sufficient
2numbers of high quality standardbred horses to participate in
3harness racing meetings in this State, and to establish and
4preserve the agricultural and commercial benefits of such
5breeding and racing industries to the State of Illinois. It is
6the intent of the General Assembly to further this policy by
7the provisions of this Section of this Act.
8    (b) Each organization licensee conducting a harness racing
9meeting pursuant to this Act shall provide for at least two
10races each race program limited to Illinois conceived and
11foaled horses. A minimum of 6 races shall be conducted each
12week limited to Illinois conceived and foaled horses. No horses
13shall be permitted to start in such races unless duly
14registered under the rules of the Department of Agriculture.
15    (b-5) Organization licensees, not including the Illinois
16State Fair or the DuQuoin State Fair, shall provide stake races
17and early closer races for Illinois conceived and foaled horses
18so that purses distributed for such races shall be no less than
1917% of total purses distributed for harness racing in that
20calendar year in addition to any stakes payments and starting
21fees contributed by horse owners.
22    (b-10) Each organization licensee conducting a harness
23racing meeting pursuant to this Act shall provide an owner
24award to be paid from the purse account equal to 25% of the
25amount earned by Illinois conceived and foaled horses in races
26that are not restricted to Illinois conceived and foaled

 

 

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1horses. The owner awards shall not be paid on races below the
2$10,000 claiming class.
3    (c) Conditions of races under subsection (b) shall be
4commensurate with past performance, quality and class of
5Illinois conceived and foaled horses available. If, however,
6sufficient competition cannot be had among horses of that class
7on any day, the races may, with consent of the Board, be
8eliminated for that day and substitute races provided.
9    (d) There is hereby created a special fund of the State
10Treasury to be known as the Illinois Standardbred Breeders
11Fund.
12    During the calendar year 1981, and each year thereafter,
13except as provided in subsection (g) of Section 27 of this Act,
14eight and one-half per cent of all the monies received by the
15State as privilege taxes on harness racing meetings shall be
16paid into the Illinois Standardbred Breeders Fund.
17    (e) The Illinois Standardbred Breeders Fund shall be
18administered by the Department of Agriculture with the
19assistance and advice of the Advisory Board created in
20subsection (f) of this Section.
21    (f) The Illinois Standardbred Breeders Fund Advisory Board
22is hereby created. The Advisory Board shall consist of the
23Director of the Department of Agriculture, who shall serve as
24Chairman; the Superintendent of the Illinois State Fair; a
25member of the Illinois Racing Board, designated by it; a
26representative of the largest association of Illinois

 

 

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1standardbred owners and breeders, recommended by it; a
2representative of a statewide association representing
3agricultural fairs in Illinois, recommended by it, such
4representative to be from a fair at which Illinois conceived
5and foaled racing is conducted; a representative of the
6organization licensees conducting harness racing meetings,
7recommended by them; a representative of the Breeder's
8Committee of the association representing the largest number of
9standardbred owners, breeders, trainers, caretakers, and
10drivers, recommended by it; and a representative of the
11association representing the largest number of standardbred
12owners, breeders, trainers, caretakers, and drivers,
13recommended by it. Advisory Board members shall serve for 2
14years commencing January 1 of each odd numbered year. If
15representatives of the largest association of Illinois
16standardbred owners and breeders, a statewide association of
17agricultural fairs in Illinois, the association representing
18the largest number of standardbred owners, breeders, trainers,
19caretakers, and drivers, a member of the Breeder's Committee of
20the association representing the largest number of
21standardbred owners, breeders, trainers, caretakers, and
22drivers, and the organization licensees conducting harness
23racing meetings have not been recommended by January 1 of each
24odd numbered year, the Director of the Department of
25Agriculture shall make an appointment for the organization
26failing to so recommend a member of the Advisory Board.

 

 

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1Advisory Board members shall receive no compensation for their
2services as members but shall be reimbursed for all actual and
3necessary expenses and disbursements incurred in the execution
4of their official duties.
5    (g) No monies shall be expended from the Illinois
6Standardbred Breeders Fund except as appropriated by the
7General Assembly. Monies appropriated from the Illinois
8Standardbred Breeders Fund shall be expended by the Department
9of Agriculture, with the assistance and advice of the Illinois
10Standardbred Breeders Fund Advisory Board for the following
11purposes only:
12        1. To provide purses for races limited to Illinois
13    conceived and foaled horses at the State Fair and the
14    DuQuoin State Fair.
15        2. To provide purses for races limited to Illinois
16    conceived and foaled horses at county fairs.
17        3. To provide purse supplements for races limited to
18    Illinois conceived and foaled horses conducted by
19    associations conducting harness racing meetings.
20        4. No less than 75% of all monies in the Illinois
21    Standardbred Breeders Fund shall be expended for purses in
22    1, 2 and 3 as shown above.
23        5. In the discretion of the Department of Agriculture
24    to provide awards to harness breeders of Illinois conceived
25    and foaled horses which win races conducted by organization
26    licensees conducting harness racing meetings. A breeder is

 

 

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1    the owner of a mare at the time of conception. No more than
2    10% of all monies appropriated from the Illinois
3    Standardbred Breeders Fund shall be expended for such
4    harness breeders awards. No more than 25% of the amount
5    expended for harness breeders awards shall be expended for
6    expenses incurred in the administration of such harness
7    breeders awards.
8        6. To pay for the improvement of racing facilities
9    located at the State Fair and County fairs.
10        7. To pay the expenses incurred in the administration
11    of the Illinois Standardbred Breeders Fund.
12        8. To promote the sport of harness racing, including
13    grants up to a maximum of $7,500 per fair per year for
14    conducting pari-mutuel wagering during the advertised
15    dates of a county fair.
16        9. To pay up to $50,000 annually for the Department of
17    Agriculture to conduct drug testing at county fairs racing
18    standardbred horses.
19        10. To pay up to $100,000 annually for distribution to
20    Illinois county fairs to supplement premiums offered in
21    junior classes.
22        11. To pay up to $100,000 annually for division and
23    equal distribution to the animal sciences department of
24    each Illinois public university system engaged in equine
25    research and education on or before the effective date of
26    this amendatory Act of the 100th General Assembly for

 

 

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1    equine research and education.
2    (h) (Blank) Whenever the Governor finds that the amount in
3the Illinois Standardbred Breeders Fund is more than the total
4of the outstanding appropriations from such fund, the Governor
5shall notify the State Comptroller and the State Treasurer of
6such fact. The Comptroller and the State Treasurer, upon
7receipt of such notification, shall transfer such excess amount
8from the Illinois Standardbred Breeders Fund to the General
9Revenue Fund.
10    (i) A sum equal to 13% 12 1/2% of the first prize money of
11the gross every purse won by an Illinois conceived and foaled
12horse shall be paid 50% by the organization licensee conducting
13the horse race meeting to the breeder of such winning horse
14from the organization licensee's account and 50% from the purse
15account of the licensee share of the money wagered. Such
16payment shall not reduce any award to the owner of the horse or
17reduce the taxes payable under this Act. Such payment shall be
18delivered by the organization licensee at the end of each
19quarter race meeting.
20    (j) The Department of Agriculture shall, by rule, with the
21assistance and advice of the Illinois Standardbred Breeders
22Fund Advisory Board:
23        1. Qualify stallions for Illinois Standardbred
24    Breeders Fund breeding; such stallion shall be owned by a
25    resident of the State of Illinois or by an Illinois
26    corporation all of whose shareholders, directors, officers

 

 

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1    and incorporators are residents of the State of Illinois.
2    Such stallion shall stand for service at and within the
3    State of Illinois at the time of a foal's conception, and
4    such stallion must not stand for service at any place, nor
5    may semen from such stallion be transported, outside the
6    State of Illinois during that calendar year in which the
7    foal is conceived and that the owner of the stallion was
8    for the 12 months prior, a resident of Illinois. Foals
9    conceived outside the State of Illinois from shipped semen
10    from a stallion qualified for breeders' awards under this
11    Section are not eligible to participate in the Illinois
12    conceived and foaled program. The articles of agreement of
13    any partnership, joint venture, limited partnership,
14    syndicate, association or corporation and any bylaws and
15    stock certificates must contain a restriction that
16    provides that the ownership or transfer of interest by any
17    one of the persons a party to the agreement can only be
18    made to a person who qualifies as an Illinois resident.
19        2. Provide for the registration of Illinois conceived
20    and foaled horses and no such horse shall compete in the
21    races limited to Illinois conceived and foaled horses
22    unless registered with the Department of Agriculture. The
23    Department of Agriculture may prescribe such forms as may
24    be necessary to determine the eligibility of such horses.
25    No person shall knowingly prepare or cause preparation of
26    an application for registration of such foals containing

 

 

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1    false information. A mare (dam) must be in the state at
2    least 180 30 days prior to foaling or remain in the State
3    at least 30 days at the time of foaling. Beginning with the
4    1996 breeding season and for foals of 1997 and thereafter,
5    a foal conceived in the State of Illinois by transported
6    fresh semen may be eligible for Illinois conceived and
7    foaled registration provided all breeding and foaling
8    requirements are met. The stallion must be qualified for
9    Illinois Standardbred Breeders Fund breeding at the time of
10    conception and the mare must be inseminated within the
11    State of Illinois. The foal must be dropped in Illinois and
12    properly registered with the Department of Agriculture in
13    accordance with this Act.
14        3. Provide that at least a 5 day racing program shall
15    be conducted at the State Fair each year, which program
16    shall include at least the following races limited to
17    Illinois conceived and foaled horses: (a) a two year old
18    Trot and Pace, and Filly Division of each; (b) a three year
19    old Trot and Pace, and Filly Division of each; (c) an aged
20    Trot and Pace, and Mare Division of each.
21        4. Provide for the payment of nominating, sustaining
22    and starting fees for races promoting the sport of harness
23    racing and for the races to be conducted at the State Fair
24    as provided in subsection (j) 3 of this Section provided
25    that the nominating, sustaining and starting payment
26    required from an entrant shall not exceed 2% of the purse

 

 

HB3669- 124 -LRB100 10629 AMC 20852 b

1    of such race. All nominating, sustaining and starting
2    payments shall be held for the benefit of entrants and
3    shall be paid out as part of the respective purses for such
4    races. Nominating, sustaining and starting fees shall be
5    held in trust accounts for the purposes as set forth in
6    this Act and in accordance with Section 205-15 of the
7    Department of Agriculture Law (20 ILCS 205/205-15).
8        5. Provide for the registration with the Department of
9    Agriculture of Colt Associations or county fairs desiring
10    to sponsor races at county fairs.
11        6. Provide for the promotion of producing standardbred
12    racehorses by providing a bonus award program for owners of
13    2-year-old horses that win multiple major stakes races that
14    are limited to Illinois conceived and foaled horses.
15    (k) The Department of Agriculture, with the advice and
16assistance of the Illinois Standardbred Breeders Fund Advisory
17Board, may allocate monies for purse supplements for such
18races. In determining whether to allocate money and the amount,
19the Department of Agriculture shall consider factors,
20including but not limited to, the amount of money appropriated
21for the Illinois Standardbred Breeders Fund program, the number
22of races that may occur, and an organization organizational
23licensee's purse structure. The organization organizational
24licensee shall notify the Department of Agriculture of the
25conditions and minimum purses for races limited to Illinois
26conceived and foaled horses to be conducted by each

 

 

HB3669- 125 -LRB100 10629 AMC 20852 b

1organization organizational licensee conducting a harness
2racing meeting for which purse supplements have been
3negotiated.
4    (l) All races held at county fairs and the State Fair which
5receive funds from the Illinois Standardbred Breeders Fund
6shall be conducted in accordance with the rules of the United
7States Trotting Association unless otherwise modified by the
8Department of Agriculture.
9    (m) At all standardbred race meetings held or conducted
10under authority of a license granted by the Board, and at all
11standardbred races held at county fairs which are approved by
12the Department of Agriculture or at the Illinois or DuQuoin
13State Fairs, no one shall jog, train, warm up or drive a
14standardbred horse unless he or she is wearing a protective
15safety helmet, with the chin strap fastened and in place, which
16meets the standards and requirements as set forth in the 1984
17Standard for Protective Headgear for Use in Harness Racing and
18Other Equestrian Sports published by the Snell Memorial
19Foundation, or any standards and requirements for headgear the
20Illinois Racing Board may approve. Any other standards and
21requirements so approved by the Board shall equal or exceed
22those published by the Snell Memorial Foundation. Any
23equestrian helmet bearing the Snell label shall be deemed to
24have met those standards and requirements.
25(Source: P.A. 99-756, eff. 8-12-16.)
 

 

 

HB3669- 126 -LRB100 10629 AMC 20852 b

1    (230 ILCS 5/32.1)
2    Sec. 32.1. Pari-mutuel tax credit; statewide racetrack
3real estate equalization.
4    (a) In order to encourage new investment in Illinois
5racetrack facilities and mitigate differing real estate tax
6burdens among all racetracks, the licensees affiliated or
7associated with each racetrack that has been awarded live
8racing dates in the current year shall receive an immediate
9pari-mutuel tax credit in an amount equal to the greater of (i)
1050% of the amount of the real estate taxes paid in the prior
11year attributable to that racetrack, or (ii) the amount by
12which the real estate taxes paid in the prior year attributable
13to that racetrack exceeds 60% of the average real estate taxes
14paid in the prior year for all racetracks awarded live horse
15racing meets in the current year.
16    Each year, regardless of whether the organization licensee
17conducted live racing in the year of certification, the Board
18shall certify in writing, prior to December 31, the real estate
19taxes paid in that year for each racetrack and the amount of
20the pari-mutuel tax credit that each organization licensee,
21inter-track intertrack wagering licensee, and inter-track
22intertrack wagering location licensee that derives its license
23from such racetrack is entitled in the succeeding calendar
24year. The real estate taxes considered under this Section for
25any racetrack shall be those taxes on the real estate parcels
26and related facilities used to conduct a horse race meeting and

 

 

HB3669- 127 -LRB100 10629 AMC 20852 b

1inter-track wagering at such racetrack under this Act. In no
2event shall the amount of the tax credit under this Section
3exceed the amount of pari-mutuel taxes otherwise calculated
4under this Act. The amount of the tax credit under this Section
5shall be retained by each licensee and shall not be subject to
6any reallocation or further distribution under this Act. The
7Board may promulgate emergency rules to implement this Section.
8    (b) After the end of the 7-year period beginning on January
91 of the calendar year immediately following the effective date
10of this amendatory Act of the 100th General Assembly, the
11organization licensee shall be ineligible to receive a tax
12credit under this Section.
13(Source: P.A. 91-40, eff. 6-25-99; revised 9-2-16.)
 
14    (230 ILCS 5/34.3 new)
15    Sec. 34.3. Drug testing. The Illinois Racing Board and the
16Department of Agriculture shall jointly establish a program for
17the purpose of conducting drug testing of horses at county
18fairs and shall adopt any rules necessary for enforcement of
19the program. The rules shall include appropriate penalties for
20violations.
 
21    (230 ILCS 5/36)   (from Ch. 8, par. 37-36)
22    Sec. 36. (a) Whoever administers or conspires to administer
23to any horse a hypnotic, narcotic, stimulant, depressant or any
24chemical substance which may affect the speed of a horse at any

 

 

HB3669- 128 -LRB100 10629 AMC 20852 b

1time in any race where the purse or any part of the purse is
2made of money authorized by any Section of this Act, except
3those chemical substances permitted by ruling of the Board,
4internally, externally or by hypodermic method in a race or
5prior thereto, or whoever knowingly enters a horse in any race
6within a period of 24 hours after any hypnotic, narcotic,
7stimulant, depressant or any other chemical substance which may
8affect the speed of a horse at any time, except those chemical
9substances permitted by ruling of the Board, has been
10administered to such horse either internally or externally or
11by hypodermic method for the purpose of increasing or retarding
12the speed of such horse shall be guilty of a Class 4 felony.
13The Board shall suspend or revoke such violator's license.
14    (b) The term "hypnotic" as used in this Section includes
15all barbituric acid preparations and derivatives.
16    (c) The term "narcotic" as used in this Section includes
17opium and all its alkaloids, salts, preparations and
18derivatives, cocaine and all its salts, preparations and
19derivatives and substitutes.
20    (d) The provisions of this Section 36 and the treatment
21authorized herein apply to horses entered in and competing in
22race meetings as defined in Section 3.07 of this Act and to
23horses entered in and competing at any county fair.
24(Source: P.A. 79-1185.)
 
25    (230 ILCS 5/40)  (from Ch. 8, par. 37-40)

 

 

HB3669- 129 -LRB100 10629 AMC 20852 b

1    Sec. 40. (a) The imposition of any fine or penalty provided
2in this Act shall not preclude the Board in its rules and
3regulations from imposing a fine or penalty for any other
4action which, in the Board's discretion, is a detriment or
5impediment to horse racing.
6    (b) The Director of Agriculture or his or her authorized
7representative shall impose the following monetary penalties
8and hold administrative hearings as required for failure to
9submit the following applications, lists, or reports within the
10time period, date or manner required by statute or rule or for
11removing a foal from Illinois prior to inspection:
12        (1) late filing of a renewal application for offering
13    or standing stallion for service:
14            (A) if an application is submitted no more than 30
15        days late, $50;
16            (B) if an application is submitted no more than 45
17        days late, $150; or
18            (C) if an application is submitted more than 45
19        days late, if filing of the application is allowed
20        under an administrative hearing, $250;
21        (2) late filing of list or report of mares bred:
22            (A) if a list or report is submitted no more than
23        30 days late, $50;
24            (B) if a list or report is submitted no more than
25        60 days late, $150; or
26            (C) if a list or report is submitted more than 60

 

 

HB3669- 130 -LRB100 10629 AMC 20852 b

1        days late, if filing of the list or report is allowed
2        under an administrative hearing, $250;
3        (3) filing an Illinois foaled thoroughbred mare status
4    report after the statutory deadline as provided in
5    subsection (k) of Section 30 of this Act December 31:
6            (A) if a report is submitted no more than 30 days
7        late, $50;
8            (B) if a report is submitted no more than 90 days
9        late, $150;
10            (C) if a report is submitted no more than 150 days
11        late, $250; or
12            (D) if a report is submitted more than 150 days
13        late, if filing of the report is allowed under an
14        administrative hearing, $500;
15        (4) late filing of application for foal eligibility
16    certificate:
17            (A) if an application is submitted no more than 30
18        days late, $50;
19            (B) if an application is submitted no more than 90
20        days late, $150;
21            (C) if an application is submitted no more than 150
22        days late, $250; or
23            (D) if an application is submitted more than 150
24        days late, if filing of the application is allowed
25        under an administrative hearing, $500;
26        (5) failure to report the intent to remove a foal from

 

 

HB3669- 131 -LRB100 10629 AMC 20852 b

1    Illinois prior to inspection, identification and
2    certification by a Department of Agriculture investigator,
3    $50; and
4        (6) if a list or report of mares bred is incomplete,
5    $50 per mare not included on the list or report.
6    Any person upon whom monetary penalties are imposed under
7this Section 3 times within a 5-year 5 year period shall have
8any further monetary penalties imposed at double the amounts
9set forth above. All monies assessed and collected for
10violations relating to thoroughbreds shall be paid into the
11Illinois Thoroughbred Breeders Fund. All monies assessed and
12collected for violations relating to standardbreds shall be
13paid into the Illinois Standardbred Breeders Fund.
14(Source: P.A. 87-397; revised 9-2-16.)
 
15    (230 ILCS 5/54.75)
16    Sec. 54.75. Horse Racing Equity Trust Fund.
17    (a) There is created a Fund to be known as the Horse Racing
18Equity Trust Fund, which is a non-appropriated trust fund held
19separate and apart from State moneys. The Fund shall consist of
20moneys paid into it by owners licensees under the Illinois
21Riverboat Gambling Act for the purposes described in this
22Section. The Fund shall be administered by the Board. Moneys in
23the Fund shall be distributed as directed and certified by the
24Board in accordance with the provisions of subsection (b).
25    (b) The moneys deposited into the Fund, plus any accrued

 

 

HB3669- 132 -LRB100 10629 AMC 20852 b

1interest on those moneys, shall be distributed within 10 days
2after those moneys are deposited into the Fund as follows:
3        (1) Sixty percent of all moneys distributed under this
4    subsection shall be distributed to organization licensees
5    to be distributed at their race meetings as purses.
6    Fifty-seven percent of the amount distributed under this
7    paragraph (1) shall be distributed for thoroughbred race
8    meetings and 43% shall be distributed for standardbred race
9    meetings. Within each breed, moneys shall be allocated to
10    each organization licensee's purse fund in accordance with
11    the ratio between the purses generated for that breed by
12    that licensee during the prior calendar year and the total
13    purses generated throughout the State for that breed during
14    the prior calendar year by licensees in the current
15    calendar year.
16        (2) The remaining 40% of the moneys distributed under
17    this subsection (b) shall be distributed as follows:
18            (A) 11% shall be distributed to any person (or its
19        successors or assigns) who had operating control of a
20        racetrack that conducted live racing in 2002 at a
21        racetrack in a county with at least 230,000 inhabitants
22        that borders the Mississippi River and is a licensee in
23        the current year; and
24            (B) the remaining 89% shall be distributed pro rata
25        according to the aggregate proportion of total handle
26        from wagering on live races conducted in Illinois

 

 

HB3669- 133 -LRB100 10629 AMC 20852 b

1        (irrespective of where the wagers are placed) for
2        calendar years 2004 and 2005 to any person (or its
3        successors or assigns) who (i) had majority operating
4        control of a racing facility at which live racing was
5        conducted in calendar year 2002, (ii) is a licensee in
6        the current year, and (iii) is not eligible to receive
7        moneys under subparagraph (A) of this paragraph (2).
8            The moneys received by an organization licensee
9        under this paragraph (2) shall be used by each
10        organization licensee to improve, maintain, market,
11        and otherwise operate its racing facilities to conduct
12        live racing, which shall include backstretch services
13        and capital improvements related to live racing and the
14        backstretch. Any organization licensees sharing common
15        ownership may pool the moneys received and spent at all
16        racing facilities commonly owned in order to meet these
17        requirements.
18        If any person identified in this paragraph (2) becomes
19    ineligible to receive moneys from the Fund, such amount
20    shall be redistributed among the remaining persons in
21    proportion to their percentages otherwise calculated.
22    (c) The Board shall monitor organization licensees to
23ensure that moneys paid to organization licensees under this
24Section are distributed by the organization licensees as
25provided in subsection (b).
26(Source: P.A. 95-1008, eff. 12-15-08.)
 

 

 

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1    (230 ILCS 5/56 new)
2    Sec. 56. Electronic gaming.
3    (a) A person, firm, corporation, or limited liability
4company having operating control of a race track may apply to
5the Illinois Gaming Board for an electronic gaming license. An
6electronic gaming license shall authorize its holder to conduct
7electronic gaming on the grounds of the race track controlled
8by the licensee's race track. Only one electronic gaming
9license may be awarded for any race track. A holder of an
10electronic gaming license shall be subject to the Riverboat
11Gambling Act and rules of the Illinois Gaming Board concerning
12electronic gaming. If the person, firm, corporation, or limited
13liability company having operating control of a race track is
14found by the Illinois Gaming Board to be unsuitable for an
15electronic gaming license under the Riverboat Gambling Act and
16rules of the Illinois Gaming Board, that person, firm,
17corporation, or limited liability company shall not be granted
18an electronic gaming license. Each license shall specify the
19number of gaming positions that its holder may operate.
20    An electronic gaming licensee may not permit persons under
2121 years of age to be present in its electronic gaming
22facility, but the licensee may accept wagers on live racing and
23inter-track wagers at its electronic gaming facility.
24    (b) For purposes of this subsection, "adjusted gross
25receipts" means an electronic gaming licensee's gross receipts

 

 

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1less winnings paid to wagerers and shall also include any
2amounts that would otherwise be deducted pursuant to subsection
3(a-9) of Section 13 of the Riverboat Gambling Act. The adjusted
4gross receipts by an electronic gaming licensee from electronic
5gaming remaining after the payment of taxes under Section 13 of
6the Riverboat Gambling Act shall be distributed as follows:
7        (1) Amounts shall be paid to the purse account at the
8    track at which the organization licensee is conducting
9    racing equal to the following:
10            12.75% of annual adjusted gross receipts up to and
11        including $75,000,000;
12            20% of annual adjusted gross receipts in excess of
13        $75,000,000 but not exceeding $100,000,000;
14            26.5% of annual adjusted gross receipts in excess
15        of $100,000,000 but not exceeding $125,000,000; and
16            20.5% of annual adjusted gross receipts in excess
17        of $125,000,000.
18        (2) The remainder shall be retained by the electronic
19    gaming licensee.
20    (c) Electronic gaming receipts placed into the purse
21account of an organization licensee racing thoroughbred horses
22shall be used for purses, for health care services or worker's
23compensation for racing industry workers, for equine research,
24for programs to care for and transition injured and retired
25thoroughbred horses that race at the race track, or for horse
26ownership promotion, in accordance with the agreement of the

 

 

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1horsemen's association representing the largest number of
2owners and trainers who race at that organization licensee's
3race meetings.
4    Annually, from the purse account of an organization
5licensee racing thoroughbred horses in this State, except for
6in Madison County, an amount equal to 12% of the electronic
7gaming receipts placed into the purse accounts shall be paid to
8the Illinois Thoroughbred Breeders Fund and shall be used for
9owner awards; a stallion program pursuant to paragraph (3) of
10subsection (g) of Section 30 of this Act; and Illinois
11conceived and foaled stakes races pursuant to paragraph (2) of
12subsection (g) of Section 30 of this Act, as specifically
13designated by the horsemen's association representing the
14largest number of owners and trainers who race at the
15organization licensee's race meetings.
16    Annually, from the purse account of an organization
17licensee racing thoroughbred horses in Madison County, an
18amount equal to 10% of the electronic gaming receipts placed
19into the purse accounts shall be paid to the Illinois
20Thoroughbred Breeders Fund and shall be used for owner awards;
21a stallion program pursuant to paragraph (3) of subsection (g)
22of Section 30 of this Act; and Illinois conceived and foaled
23stakes races pursuant to paragraph (2) of subsection (g) of
24Section 30 of this Act, as specifically designated by the
25horsemen's association representing the largest number of
26owners and trainers who race at the organization licensee's

 

 

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1race meetings.
2    Annually, from the purse account of an organization
3licensee conducting thoroughbred races at a race track in
4Madison County, an amount equal to 1% of the electronic gaming
5receipts distributed to purses per subsection (b) of this
6Section 56 shall be paid as follows: 0.33 1/3% to Southern
7Illinois University Department of Animal Sciences for equine
8research and education, an amount equal to 0.33 1/3% of the
9electronic gaming receipts shall be used to operate laundry
10facilities or a kitchen for backstretch workers at that race
11track, and an amount equal to 0.33 1/3% of the electronic
12gaming receipts shall be paid to R.A.C.E., Inc., a 501(c)(3)
13non-profit organization that cares for injured and unwanted
14horses that race at that race track.
15    Annually, from the purse account of organization licensees
16conducting thoroughbred races at race tracks in Cook County,
17$100,000 shall be paid for division and equal distribution to
18the animal sciences department of each Illinois public
19university system engaged in equine research and education on
20or before the effective date of this amendatory Act of the
21100th General Assembly for equine research and education.
22    (d) Annually, from the purse account of an organization
23licensee racing standardbred horses, an amount equal to 15% of
24the electronic gaming receipts placed into that purse account
25shall be paid to the Illinois Colt Stakes Purse Distribution
26Fund. Moneys deposited into the Illinois Colt Stakes Purse

 

 

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1Distribution Fund shall be used for standardbred racing as
2authorized in paragraphs 1, 2, 3, 8, 9, 10, and 11 of
3subsection (g) of Section 31 of this Act and for bonus awards
4as authorized under paragraph 6 of subsection (j) of Section 31
5of this Act.
 
6    Section 15. The Riverboat Gambling Act is amended by
7changing Sections 3, 4, 5, 5.1, 8, 9, 11, 11.1, 12, 13, 14, 15,
817.1, 18, 18.1, 19, and 20 and by adding Sections 7.7 and 7.8
9as follows:
 
10    (230 ILCS 10/3)  (from Ch. 120, par. 2403)
11    Sec. 3. Riverboat Gambling Authorized.
12    (a) Riverboat gambling operations and electronic gaming
13operations and the system of wagering incorporated therein, as
14defined in this Act, are hereby authorized to the extent that
15they are carried out in accordance with the provisions of this
16Act.
17    (b) This Act does not apply to the pari-mutuel system of
18wagering used or intended to be used in connection with the
19horse-race meetings as authorized under the Illinois Horse
20Racing Act of 1975, lottery games authorized under the Illinois
21Lottery Law, bingo authorized under the Bingo License and Tax
22Act, charitable games authorized under the Charitable Games Act
23or pull tabs and jar games conducted under the Illinois Pull
24Tabs and Jar Games Act. This Act applies to electronic gaming

 

 

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1authorized under the Illinois Horse Racing Act of 1975 to the
2extent provided in that Act and in this Act.
3    (c) Riverboat gambling conducted pursuant to this Act may
4be authorized upon any water within the State of Illinois or
5any water other than Lake Michigan which constitutes a boundary
6of the State of Illinois. A licensee may conduct riverboat
7gambling authorized under this Act regardless of whether it
8conducts excursion cruises. A licensee may permit the
9continuous ingress and egress of passengers for the purpose of
10gambling.
11    (d) Gambling that is conducted in accordance with this Act
12using slot machines and video games of chance and other
13electronic gambling games as defined in both this Act and the
14Illinois Horse Racing Act of 1975 is authorized.
15(Source: P.A. 91-40, eff. 6-25-99.)
 
16    (230 ILCS 10/4)  (from Ch. 120, par. 2404)
17    Sec. 4. Definitions. As used in this Act:
18    (a) "Board" means the Illinois Gaming Board.
19    (b) "Occupational license" means a license issued by the
20Board to a person or entity to perform an occupation which the
21Board has identified as requiring a license to engage in
22riverboat gambling or electronic gaming in Illinois.
23    (c) "Gambling game" includes, but is not limited to,
24baccarat, twenty-one, poker, craps, slot machine, video game of
25chance, roulette wheel, klondike table, punchboard, faro

 

 

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1layout, keno layout, numbers ticket, push card, jar ticket, or
2pull tab which is authorized by the Board as a wagering device
3under this Act.
4    (d) "Riverboat" means a self-propelled excursion boat, a
5permanently moored barge, or permanently moored barges that are
6permanently fixed together to operate as one vessel, on which
7lawful gambling is authorized and licensed as provided in this
8Act.
9    "Slot machine" means any mechanical, electrical, or other
10device, contrivance, or machine that is authorized by the Board
11as a wagering device under this Act which, upon insertion of a
12coin, currency, token, or similar object therein, or upon
13payment of any consideration whatsoever, is available to play
14or operate, the play or operation of which may deliver or
15entitle the person playing or operating the machine to receive
16cash, premiums, merchandise, tokens, or anything of value
17whatsoever, whether the payoff is made automatically from the
18machine or in any other manner whatsoever. A slot machine:
19        (1) may utilize spinning reels or video displays or
20    both;
21        (2) may or may not dispense coins, tickets, or tokens
22    to winning patrons;
23        (3) may use an electronic credit system for receiving
24    wagers and making payouts; and
25        (4) may simulate a table game.
26    "Slot machine" does not include table games authorized by

 

 

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1the Board as a wagering device under this Act.
2    (e) "Managers license" means a license issued by the Board
3to a person or entity to manage gambling operations conducted
4by the State pursuant to Section 7.3.
5    (f) "Dock" means the location where a riverboat moors for
6the purpose of embarking passengers for and disembarking
7passengers from the riverboat.
8    (g) "Gross receipts" means the total amount of money
9exchanged for the purchase of chips, tokens, or electronic
10cards by riverboat patrons.
11    (h) "Adjusted gross receipts" means the gross receipts less
12winnings paid to wagerers.
13    (i) "Cheat" means to alter the selection of criteria which
14determine the result of a gambling game or the amount or
15frequency of payment in a gambling game.
16    (j) (Blank).
17    (k) "Gambling operation" means the conduct of authorized
18gambling games authorized under this Act upon a riverboat or
19authorized under this Act and the Illinois Horse Racing Act of
201975 at an electronic gaming facility.
21    (l) "License bid" means the lump sum amount of money that
22an applicant bids and agrees to pay the State in return for an
23owners license that is re-issued on or after July 1, 2003.
24    "Table game" means a live gaming apparatus upon which
25gaming is conducted or that determines an outcome that is the
26object of a wager, including, but not limited to, baccarat,

 

 

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1twenty-one, blackjack, poker, craps, roulette wheel, klondike
2table, punchboard, faro layout, keno layout, numbers ticket,
3push card, jar ticket, pull tab, or other similar games that
4are authorized by the Board as a wagering device under this
5Act. "Table game" does not include slot machines or video games
6of chance.
7    (m) The terms "minority person", "female", and "person with
8a disability" shall have the same meaning as defined in Section
92 of the Business Enterprise for Minorities, Females, and
10Persons with Disabilities Act.
11    "Owners license" means a license to conduct riverboat
12gambling operations, but does not include an electronic gaming
13license.
14    "Licensed owner" means a person who holds an owners
15license.
16    "Electronic gaming" means slot machine gambling, video
17game of chance gambling, or gambling with electronic gambling
18games as defined in this Act or defined by the Board that is
19conducted at a race track pursuant to an electronic gaming
20license.
21    "Electronic gaming facility" means the area where the Board
22has authorized electronic gaming at a race track of an
23organization licensee under the Illinois Horse Racing Act of
241975 that holds an electronic gaming license.
25    "Electronic gaming license" means a license issued by the
26Board under Section 7.7 of this Act authorizing electronic

 

 

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1gaming at an electronic gaming facility.
2    "Electronic gaming licensee" means an entity that holds an
3electronic gaming license.
4    "Organization licensee" means an entity authorized by the
5Illinois Racing Board to conduct pari-mutuel wagering in
6accordance with the Illinois Horse Racing Act of 1975. With
7respect only to electronic gaming, "organization licensee"
8includes the authorization for electronic gaming created under
9subsection (a) of Section 56 of the Illinois Horse Racing Act
10of 1975.
11(Source: P.A. 95-331, eff. 8-21-07; 96-1392, eff. 1-1-11.)
 
12    (230 ILCS 10/5)  (from Ch. 120, par. 2405)
13    Sec. 5. Gaming Board.
14    (a) (1) There is hereby established the Illinois Gaming
15Board, which shall have the powers and duties specified in this
16Act, and all other powers necessary and proper to fully and
17effectively execute this Act for the purpose of administering,
18regulating, and enforcing the system of riverboat gambling and
19electronic gaming established by this Act. Its jurisdiction
20shall extend under this Act to every person, association,
21corporation, partnership and trust involved in riverboat
22gambling operations and electronic gaming in the State of
23Illinois.
24    (2) The Board shall consist of 5 members to be appointed by
25the Governor with the advice and consent of the Senate, one of

 

 

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1whom shall be designated by the Governor to be chairman. Each
2member shall have a reasonable knowledge of the practice,
3procedure and principles of gambling operations. Each member
4shall either be a resident of Illinois or shall certify that he
5will become a resident of Illinois before taking office.
6    At least one member shall be experienced in law enforcement
7and criminal investigation, at least one member shall be a
8certified public accountant experienced in accounting and
9auditing, and at least one member shall be a lawyer licensed to
10practice law in Illinois.
11    (3) The terms of office of the Board members shall be 3
12years, except that the terms of office of the initial Board
13members appointed pursuant to this Act will commence from the
14effective date of this Act and run as follows: one for a term
15ending July 1, 1991, 2 for a term ending July 1, 1992, and 2 for
16a term ending July 1, 1993. Upon the expiration of the
17foregoing terms, the successors of such members shall serve a
18term for 3 years and until their successors are appointed and
19qualified for like terms. Vacancies in the Board shall be
20filled for the unexpired term in like manner as original
21appointments. Each member of the Board shall be eligible for
22reappointment at the discretion of the Governor with the advice
23and consent of the Senate.
24    (4) Each member of the Board shall receive $300 for each
25day the Board meets and for each day the member conducts any
26hearing pursuant to this Act. Each member of the Board shall

 

 

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1also be reimbursed for all actual and necessary expenses and
2disbursements incurred in the execution of official duties.
3    (5) No person shall be appointed a member of the Board or
4continue to be a member of the Board who is, or whose spouse,
5child or parent is, a member of the board of directors of, or a
6person financially interested in, any gambling operation
7subject to the jurisdiction of this Board, or any race track,
8race meeting, racing association or the operations thereof
9subject to the jurisdiction of the Illinois Racing Board. No
10Board member shall hold any other public office. No person
11shall be a member of the Board who is not of good moral
12character or who has been convicted of, or is under indictment
13for, a felony under the laws of Illinois or any other state, or
14the United States.
15    (5.5) No member of the Board shall engage in any political
16activity. For the purposes of this Section, "political" means
17any activity in support of or in connection with any campaign
18for federal, State, or local elective office or any political
19organization, but does not include activities (i) relating to
20the support or opposition of any executive, legislative, or
21administrative action (as those terms are defined in Section 2
22of the Lobbyist Registration Act), (ii) relating to collective
23bargaining, or (iii) that are otherwise in furtherance of the
24person's official State duties or governmental and public
25service functions.
26    (6) Any member of the Board may be removed by the Governor

 

 

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1for neglect of duty, misfeasance, malfeasance, or nonfeasance
2in office or for engaging in any political activity.
3    (7) Before entering upon the discharge of the duties of his
4office, each member of the Board shall take an oath that he
5will faithfully execute the duties of his office according to
6the laws of the State and the rules and regulations adopted
7therewith and shall give bond to the State of Illinois,
8approved by the Governor, in the sum of $25,000. Every such
9bond, when duly executed and approved, shall be recorded in the
10office of the Secretary of State. Whenever the Governor
11determines that the bond of any member of the Board has become
12or is likely to become invalid or insufficient, he shall
13require such member forthwith to renew his bond, which is to be
14approved by the Governor. Any member of the Board who fails to
15take oath and give bond within 30 days from the date of his
16appointment, or who fails to renew his bond within 30 days
17after it is demanded by the Governor, shall be guilty of
18neglect of duty and may be removed by the Governor. The cost of
19any bond given by any member of the Board under this Section
20shall be taken to be a part of the necessary expenses of the
21Board.
22    (7.5) For the examination of all mechanical,
23electromechanical, or electronic table games, slot machines,
24slot accounting systems, and other electronic gaming equipment
25for compliance with this Act, the Board may utilize the
26services of one or more independent outside testing

 

 

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1laboratories that have been accredited by a national
2accreditation body and that, in the judgment of the Board, are
3qualified to perform such examinations.
4    (8) The Board shall employ such personnel as may be
5necessary to carry out its functions and shall determine the
6salaries of all personnel, except those personnel whose
7salaries are determined under the terms of a collective
8bargaining agreement. No person shall be employed to serve the
9Board who is, or whose spouse, parent or child is, an official
10of, or has a financial interest in or financial relation with,
11any operator engaged in gambling operations within this State
12or any organization engaged in conducting horse racing within
13this State. Any employee violating these prohibitions shall be
14subject to termination of employment.
15    (9) An Administrator shall perform any and all duties that
16the Board shall assign him. The salary of the Administrator
17shall be determined by the Board and, in addition, he shall be
18reimbursed for all actual and necessary expenses incurred by
19him in discharge of his official duties. The Administrator
20shall keep records of all proceedings of the Board and shall
21preserve all records, books, documents and other papers
22belonging to the Board or entrusted to its care. The
23Administrator shall devote his full time to the duties of the
24office and shall not hold any other office or employment.
25    (b) The Board shall have general responsibility for the
26implementation of this Act. Its duties include, without

 

 

HB3669- 148 -LRB100 10629 AMC 20852 b

1limitation, the following:
2        (1) To decide promptly and in reasonable order all
3    license applications. Any party aggrieved by an action of
4    the Board denying, suspending, revoking, restricting or
5    refusing to renew a license may request a hearing before
6    the Board. A request for a hearing must be made to the
7    Board in writing within 5 days after service of notice of
8    the action of the Board. Notice of the action of the Board
9    shall be served either by personal delivery or by certified
10    mail, postage prepaid, to the aggrieved party. Notice
11    served by certified mail shall be deemed complete on the
12    business day following the date of such mailing. The Board
13    shall conduct all requested hearings promptly and in
14    reasonable order;
15        (2) To conduct all hearings pertaining to civil
16    violations of this Act or rules and regulations promulgated
17    hereunder;
18        (3) To promulgate such rules and regulations as in its
19    judgment may be necessary to protect or enhance the
20    credibility and integrity of gambling operations
21    authorized by this Act and the regulatory process
22    hereunder;
23        (4) To provide for the establishment and collection of
24    all license and registration fees and taxes imposed by this
25    Act and the rules and regulations issued pursuant hereto.
26    All such fees and taxes shall be deposited into the State

 

 

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1    Gaming Fund;
2        (5) To provide for the levy and collection of penalties
3    and fines for the violation of provisions of this Act and
4    the rules and regulations promulgated hereunder. All such
5    fines and penalties shall be deposited into the Education
6    Assistance Fund, created by Public Act 86-0018, of the
7    State of Illinois;
8        (6) To be present through its inspectors and agents any
9    time gambling operations are conducted on any riverboat or
10    at any electronic gaming facility for the purpose of
11    certifying the revenue thereof, receiving complaints from
12    the public, and conducting such other investigations into
13    the conduct of the gambling games and the maintenance of
14    the equipment as from time to time the Board may deem
15    necessary and proper;
16        (7) To review and rule upon any complaint by a licensee
17    regarding any investigative procedures of the State which
18    are unnecessarily disruptive of gambling operations. The
19    need to inspect and investigate shall be presumed at all
20    times. The disruption of a licensee's operations shall be
21    proved by clear and convincing evidence, and establish
22    that: (A) the procedures had no reasonable law enforcement
23    purposes, and (B) the procedures were so disruptive as to
24    unreasonably inhibit gambling operations;
25        (8) To hold at least one meeting each quarter of the
26    fiscal year. In addition, special meetings may be called by

 

 

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1    the Chairman or any 2 Board members upon 72 hours written
2    notice to each member. All Board meetings shall be subject
3    to the Open Meetings Act. Three members of the Board shall
4    constitute a quorum, and 3 votes shall be required for any
5    final determination by the Board. The Board shall keep a
6    complete and accurate record of all its meetings. A
7    majority of the members of the Board shall constitute a
8    quorum for the transaction of any business, for the
9    performance of any duty, or for the exercise of any power
10    which this Act requires the Board members to transact,
11    perform or exercise en banc, except that, upon order of the
12    Board, one of the Board members or an administrative law
13    judge designated by the Board may conduct any hearing
14    provided for under this Act or by Board rule and may
15    recommend findings and decisions to the Board. The Board
16    member or administrative law judge conducting such hearing
17    shall have all powers and rights granted to the Board in
18    this Act. The record made at the time of the hearing shall
19    be reviewed by the Board, or a majority thereof, and the
20    findings and decision of the majority of the Board shall
21    constitute the order of the Board in such case;
22        (9) To maintain records which are separate and distinct
23    from the records of any other State board or commission.
24    Such records shall be available for public inspection and
25    shall accurately reflect all Board proceedings;
26        (10) To file a written annual report with the Governor

 

 

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1    on or before March 1 each year and such additional reports
2    as the Governor may request. The annual report shall
3    include a statement of receipts and disbursements by the
4    Board, actions taken by the Board, and any additional
5    information and recommendations which the Board may deem
6    valuable or which the Governor may request;
7        (11) (Blank);
8        (12) (Blank);
9        (13) To assume responsibility for administration and
10    enforcement of the Video Gaming Act; and
11        (13.1) To assume responsibility for the administration
12    and enforcement of operations at electronic gaming
13    facilities pursuant to this Act and the Illinois Horse
14    Racing Act of 1975; and
15        (14) To adopt, by rule, a code of conduct governing
16    Board members and employees that ensure, to the maximum
17    extent possible, that persons subject to this Code avoid
18    situations, relationships, or associations that may
19    represent or lead to a conflict of interest.
20    (c) The Board shall have jurisdiction over and shall
21supervise all gambling operations governed by this Act. The
22Board shall have all powers necessary and proper to fully and
23effectively execute the provisions of this Act, including, but
24not limited to, the following:
25        (1) To investigate applicants and determine the
26    eligibility of applicants for licenses and to select among

 

 

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1    competing applicants the applicants which best serve the
2    interests of the citizens of Illinois.
3        (2) To have jurisdiction and supervision over all
4    riverboat gambling operations authorized under this Act in
5    this State and all persons in places on riverboats where
6    gambling operations are conducted.
7        (3) To promulgate rules and regulations for the purpose
8    of administering the provisions of this Act and to
9    prescribe rules, regulations and conditions under which
10    all riverboat gambling operations subject to this Act in
11    the State shall be conducted. Such rules and regulations
12    are to provide for the prevention of practices detrimental
13    to the public interest and for the best interests of
14    riverboat gambling, including rules and regulations
15    regarding the inspection of electronic gaming facilities
16    and such riverboats, and the review of any permits or
17    licenses necessary to operate a riverboat or an electronic
18    gaming facility under any laws or regulations applicable to
19    riverboats or electronic gaming facilities, and to impose
20    penalties for violations thereof.
21        (4) To enter the office, riverboats, electronic gaming
22    facilities, and other facilities, or other places of
23    business of a licensee, where evidence of the compliance or
24    noncompliance with the provisions of this Act is likely to
25    be found.
26        (5) To investigate alleged violations of this Act or

 

 

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1    the rules of the Board and to take appropriate disciplinary
2    action against a licensee or a holder of an occupational
3    license for a violation, or institute appropriate legal
4    action for enforcement, or both.
5        (6) To adopt standards for the licensing of all persons
6    and entities under this Act, as well as for electronic or
7    mechanical gambling games, and to establish fees for such
8    licenses.
9        (7) To adopt appropriate standards for all electronic
10    gaming facilities, riverboats, and other facilities
11    authorized under this Act.
12        (8) To require that the records, including financial or
13    other statements of any licensee under this Act, shall be
14    kept in such manner as prescribed by the Board and that any
15    such licensee involved in the ownership or management of
16    gambling operations submit to the Board an annual balance
17    sheet and profit and loss statement, list of the
18    stockholders or other persons having a 1% or greater
19    beneficial interest in the gambling activities of each
20    licensee, and any other information the Board deems
21    necessary in order to effectively administer this Act and
22    all rules, regulations, orders and final decisions
23    promulgated under this Act.
24        (9) To conduct hearings, issue subpoenas for the
25    attendance of witnesses and subpoenas duces tecum for the
26    production of books, records and other pertinent documents

 

 

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1    in accordance with the Illinois Administrative Procedure
2    Act, and to administer oaths and affirmations to the
3    witnesses, when, in the judgment of the Board, it is
4    necessary to administer or enforce this Act or the Board
5    rules.
6        (10) To prescribe a form to be used by any licensee
7    involved in the ownership or management of gambling
8    operations as an application for employment for their
9    employees.
10        (11) To revoke or suspend licenses, as the Board may
11    see fit and in compliance with applicable laws of the State
12    regarding administrative procedures, and to review
13    applications for the renewal of licenses. The Board may
14    suspend an owners license or electronic gaming license,
15    without notice or hearing, upon a determination that the
16    safety or health of patrons or employees is jeopardized by
17    continuing a gambling operation conducted under that
18    license riverboat's operation. The suspension may remain
19    in effect until the Board determines that the cause for
20    suspension has been abated. The Board may revoke an the
21    owners license or electronic gaming license upon a
22    determination that the licensee owner has not made
23    satisfactory progress toward abating the hazard.
24        (12) To eject or exclude or authorize the ejection or
25    exclusion of, any person from riverboat gambling
26    facilities where that such person is in violation of this

 

 

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1    Act, rules and regulations thereunder, or final orders of
2    the Board, or where such person's conduct or reputation is
3    such that his or her presence within the riverboat gambling
4    facilities may, in the opinion of the Board, call into
5    question the honesty and integrity of the gambling
6    operations or interfere with the orderly conduct thereof;
7    provided that the propriety of such ejection or exclusion
8    is subject to subsequent hearing by the Board.
9        (13) To require all licensees of gambling operations to
10    utilize a cashless wagering system whereby all players'
11    money is converted to tokens, electronic cards, or chips
12    which shall be used only for wagering in the gambling
13    establishment.
14        (14) (Blank).
15        (15) To suspend, revoke or restrict licenses, to
16    require the removal of a licensee or an employee of a
17    licensee for a violation of this Act or a Board rule or for
18    engaging in a fraudulent practice, and to impose civil
19    penalties of up to $5,000 against individuals and up to
20    $10,000 or an amount equal to the daily gross receipts,
21    whichever is larger, against licensees for each violation
22    of any provision of the Act, any rules adopted by the
23    Board, any order of the Board or any other action which, in
24    the Board's discretion, is a detriment or impediment to
25    riverboat gambling operations.
26        (16) To hire employees to gather information, conduct

 

 

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1    investigations and carry out any other tasks contemplated
2    under this Act.
3        (17) To establish minimum levels of insurance to be
4    maintained by licensees.
5        (18) To authorize a licensee to sell or serve alcoholic
6    liquors, wine or beer as defined in the Liquor Control Act
7    of 1934 on board a riverboat and to have exclusive
8    authority to establish the hours for sale and consumption
9    of alcoholic liquor on board a riverboat, notwithstanding
10    any provision of the Liquor Control Act of 1934 or any
11    local ordinance, and regardless of whether the riverboat
12    makes excursions. The establishment of the hours for sale
13    and consumption of alcoholic liquor on board a riverboat is
14    an exclusive power and function of the State. A home rule
15    unit may not establish the hours for sale and consumption
16    of alcoholic liquor on board a riverboat. This subdivision
17    (18) amendatory Act of 1991 is a denial and limitation of
18    home rule powers and functions under subsection (h) of
19    Section 6 of Article VII of the Illinois Constitution.
20        (19) After consultation with the U.S. Army Corps of
21    Engineers, to establish binding emergency orders upon the
22    concurrence of a majority of the members of the Board
23    regarding the navigability of water, relative to
24    excursions, in the event of extreme weather conditions,
25    acts of God or other extreme circumstances.
26        (20) To delegate the execution of any of its powers

 

 

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1    under this Act for the purpose of administering and
2    enforcing this Act and the its rules adopted by the Board
3    under this Act and regulations hereunder.
4        (20.5) To approve any contract entered into on its
5    behalf.
6        (20.6) To appoint investigators to conduct
7    investigations, searches, seizures, arrests, and other
8    duties imposed under this Act, as deemed necessary by the
9    Board. These investigators have and may exercise all of the
10    rights and powers of peace officers, provided that these
11    powers shall be limited to offenses or violations occurring
12    or committed in an electronic gaming facility or on a
13    riverboat or dock, as defined in subsections (d) and (f) of
14    Section 4, or as otherwise provided by this Act or any
15    other law.
16        (20.7) To contract with the Department of State Police
17    for the use of trained and qualified State police officers
18    and with the Department of Revenue for the use of trained
19    and qualified Department of Revenue investigators to
20    conduct investigations, searches, seizures, arrests, and
21    other duties imposed under this Act and to exercise all of
22    the rights and powers of peace officers, provided that the
23    powers of Department of Revenue investigators under this
24    subdivision (20.7) shall be limited to offenses or
25    violations occurring or committed in an electronic gaming
26    facility or on a riverboat or dock, as defined in

 

 

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1    subsections (d) and (f) of Section 4, or as otherwise
2    provided by this Act or any other law. In the event the
3    Department of State Police or the Department of Revenue is
4    unable to fill contracted police or investigative
5    positions, the Board may appoint investigators to fill
6    those positions pursuant to subdivision (20.6).
7        (21) To adopt rules concerning the conduct of
8    electronic gaming.
9        (22) To have the same jurisdiction and supervision over
10    electronic gaming facilities as the Board has over
11    riverboats, including, but not limited to, the power to (i)
12    investigate, review, and approve contracts as that power is
13    applied to riverboats, (ii) adopt rules for administering
14    the provisions of this Act, (iii) adopt standards for the
15    licensing of all persons involved with an electronic gaming
16    facility, (iv) investigate alleged violations of this Act
17    by any person involved with an electronic gaming facility,
18    and (v) require that records, including financial or other
19    statements of any electronic gaming facility, shall be kept
20    in such manner as prescribed by the Board.
21        (23) (21) To take any other action as may be reasonable
22    or appropriate to enforce this Act and rules adopted by the
23    Board under this Act and regulations hereunder.
24    (d) The Board may seek and shall receive the cooperation of
25the Department of State Police in conducting background
26investigations of applicants and in fulfilling its

 

 

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1responsibilities under this Section. Costs incurred by the
2Department of State Police as a result of such cooperation
3shall be paid by the Board in conformance with the requirements
4of Section 2605-400 of the Department of State Police Law (20
5ILCS 2605/2605-400).
6    (e) The Board must authorize to each investigator and to
7any other employee of the Board exercising the powers of a
8peace officer a distinct badge that, on its face, (i) clearly
9states that the badge is authorized by the Board and (ii)
10contains a unique identifying number. No other badge shall be
11authorized by the Board.
12(Source: P.A. 98-377, eff. 1-1-14; 98-582, eff. 8-27-13.)
 
13    (230 ILCS 10/5.1)  (from Ch. 120, par. 2405.1)
14    Sec. 5.1. Disclosure of records.
15    (a) Notwithstanding any applicable statutory provision to
16the contrary, the Board shall, on written request from any
17person, provide information furnished by an applicant or
18licensee concerning the applicant or licensee, his products,
19services or gambling enterprises and his business holdings, as
20follows:
21        (1) The name, business address and business telephone
22    number of any applicant or licensee.
23        (2) An identification of any applicant or licensee
24    including, if an applicant or licensee is not an
25    individual, the state of incorporation or registration,

 

 

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1    the corporate officers, and the identity of all
2    shareholders or participants. If an applicant or licensee
3    has a pending registration statement filed with the
4    Securities and Exchange Commission, only the names of those
5    persons or entities holding interest of 5% or more must be
6    provided.
7        (3) An identification of any business, including, if
8    applicable, the state of incorporation or registration, in
9    which an applicant or licensee or an applicant's or
10    licensee's spouse or children has an equity interest of
11    more than 1%. If an applicant or licensee is a corporation,
12    partnership or other business entity, the applicant or
13    licensee shall identify any other corporation, partnership
14    or business entity in which it has an equity interest of 1%
15    or more, including, if applicable, the state of
16    incorporation or registration. This information need not
17    be provided by a corporation, partnership or other business
18    entity that has a pending registration statement filed with
19    the Securities and Exchange Commission.
20        (4) Whether an applicant or licensee has been indicted,
21    convicted, pleaded guilty or nolo contendere, or forfeited
22    bail concerning any criminal offense under the laws of any
23    jurisdiction, either felony or misdemeanor (except for
24    traffic violations), including the date, the name and
25    location of the court, arresting agency and prosecuting
26    agency, the case number, the offense, the disposition and

 

 

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1    the location and length of incarceration.
2        (5) Whether an applicant or licensee has had any
3    license or certificate issued by a licensing authority in
4    Illinois or any other jurisdiction denied, restricted,
5    suspended, revoked or not renewed and a statement
6    describing the facts and circumstances concerning the
7    denial, restriction, suspension, revocation or
8    non-renewal, including the licensing authority, the date
9    each such action was taken, and the reason for each such
10    action.
11        (6) Whether an applicant or licensee has ever filed or
12    had filed against it a proceeding in bankruptcy or has ever
13    been involved in any formal process to adjust, defer,
14    suspend or otherwise work out the payment of any debt
15    including the date of filing, the name and location of the
16    court, the case and number of the disposition.
17        (7) Whether an applicant or licensee has filed, or been
18    served with a complaint or other notice filed with any
19    public body, regarding the delinquency in the payment of,
20    or a dispute over the filings concerning the payment of,
21    any tax required under federal, State or local law,
22    including the amount, type of tax, the taxing agency and
23    time periods involved.
24        (8) A statement listing the names and titles of all
25    public officials or officers of any unit of government, and
26    relatives of said public officials or officers who,

 

 

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1    directly or indirectly, own any financial interest in, have
2    any beneficial interest in, are the creditors of or hold
3    any debt instrument issued by, or hold or have any interest
4    in any contractual or service relationship with, an
5    applicant or licensee.
6        (9) Whether an applicant or licensee has made, directly
7    or indirectly, any political contribution, or any loans,
8    donations or other payments, to any candidate or office
9    holder, within 5 years from the date of filing the
10    application, including the amount and the method of
11    payment.
12        (10) The name and business telephone number of the
13    counsel representing an applicant or licensee in matters
14    before the Board.
15        (11) A description of any proposed or approved
16    riverboat gaming or electronic gaming operation, including
17    the type of boat, home dock or electronic gaming location,
18    expected economic benefit to the community, anticipated or
19    actual number of employees, any statement from an applicant
20    or licensee regarding compliance with federal and State
21    affirmative action guidelines, projected or actual
22    admissions and projected or actual adjusted gross gaming
23    receipts.
24        (12) A description of the product or service to be
25    supplied by an applicant for a supplier's license.
26    (b) Notwithstanding any applicable statutory provision to

 

 

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1the contrary, the Board shall, on written request from any
2person, also provide the following information:
3        (1) The amount of the wagering tax and admission tax
4    paid daily to the State of Illinois by the holder of an
5    owner's license.
6        (2) Whenever the Board finds an applicant for an
7    owner's license unsuitable for licensing, a copy of the
8    written letter outlining the reasons for the denial.
9        (3) Whenever the Board has refused to grant leave for
10    an applicant to withdraw his application, a copy of the
11    letter outlining the reasons for the refusal.
12    (c) Subject to the above provisions, the Board shall not
13disclose any information which would be barred by:
14        (1) Section 7 of the Freedom of Information Act; or
15        (2) The statutes, rules, regulations or
16    intergovernmental agreements of any jurisdiction.
17    (d) The Board may assess fees for the copying of
18information in accordance with Section 6 of the Freedom of
19Information Act.
20(Source: P.A. 96-1392, eff. 1-1-11.)
 
21    (230 ILCS 10/7.7 new)
22    Sec. 7.7. Electronic gaming.
23    (a) The General Assembly finds that the horse racing and
24riverboat gambling industries share many similarities and
25collectively comprise the bulk of the State's gaming industry.

 

 

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1One feature common to both industries is that each is highly
2regulated by the State of Illinois. The General Assembly
3further finds, however, that despite their shared features each
4industry is distinct from the other in that horse racing is and
5continues to be intimately tied to Illinois' agricultural
6economy and is, at its core, a spectator sport. This
7distinction requires the General Assembly to utilize different
8methods to regulate and promote the horse racing industry
9throughout the State. The General Assembly finds that in order
10to promote live horse racing as a spectator sport in Illinois
11and the agricultural economy of this State, it is necessary to
12allow electronic gaming at Illinois race tracks as an ancillary
13use given the success of other states in increasing live racing
14purse accounts and improving the quality of horses
15participating in horse race meetings.
16    (b) The Illinois Gaming Board shall award one electronic
17gaming license to each person or entity having operating
18control of a race track that applies under Section 56 of the
19Illinois Horse Racing Act of 1975, subject to the application
20and eligibility requirements of this Section. Within 60 days
21after the effective date of this amendatory Act of the 100th
22General Assembly, a person or entity having operating control
23of a race track may submit an application for an electronic
24gaming license. The application shall be made on such forms as
25provided by the Board and shall contain such information as the
26Board prescribes, including, but not limited to, the identity

 

 

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1of any race track at which electronic gaming will be conducted,
2detailed information regarding the ownership and management of
3the applicant, and detailed personal information regarding the
4applicant. The application shall specify the number of gaming
5positions the applicant intends to use and the place where the
6electronic gaming facility will operate. A person who knowingly
7makes a false statement on an application is guilty of a Class
8A misdemeanor.
9    Each applicant shall disclose the identity of every person
10or entity having a direct or indirect pecuniary interest
11greater than 1% in any race track with respect to which the
12license is sought. If the disclosed entity is a corporation,
13the applicant shall disclose the names and addresses of all
14stockholders and directors. If the disclosed entity is a
15limited liability company, the applicant shall disclose the
16names and addresses of all members and managers. If the
17disclosed entity is a partnership, the applicant shall disclose
18the names and addresses of all partners, both general and
19limited. If the disclosed entity is a trust, the applicant
20shall disclose the names and addresses of all beneficiaries.
21    An application shall be filed and considered in accordance
22with the rules of the Board. Each application for an electronic
23gaming license shall include a non-refundable application fee
24of $100,000. In addition, a non-refundable fee of $50,000 shall
25be paid at the time of filing to defray the costs associated
26with background investigations conducted by the Board. If the

 

 

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1costs of the background investigation exceed $50,000, the
2applicant shall pay the additional amount to the Board within 7
3days after a request by the Board. If the costs of the
4investigation are less than $50,000, the applicant shall
5receive a refund of the remaining amount. All information,
6records, interviews, reports, statements, memoranda, or other
7data supplied to or used by the Board in the course of this
8review or investigation of an applicant for an electronic
9gaming license under this Act shall be privileged and strictly
10confidential and shall be used only for the purpose of
11evaluating an applicant for an electronic gaming license or a
12renewal. Such information, records, interviews, reports,
13statements, memoranda, or other data shall not be admissible as
14evidence nor discoverable in any action of any kind in any
15court or before any tribunal, board, agency or person, except
16for any action deemed necessary by the Board. The application
17fee shall be deposited into the Gaming Facilities Fee Revenue
18Fund.
19    Each applicant shall submit with his or her application, on
20forms provided by the Board, 2 sets of his or her fingerprints.
21The Board shall charge each applicant a fee set by the
22Department of State Police to defray the costs associated with
23the search and classification of fingerprints obtained by the
24Board with respect to the applicant's application. This fee
25shall be paid into the State Police Services Fund.
26    (c) The Board shall determine within 120 days after

 

 

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1receiving an application for an electronic gaming license
2whether to grant an electronic gaming license to the applicant.
3If the Board does not make a determination within that time
4period, then the Board shall give a written explanation to the
5applicant as to why it has not reached a determination and when
6it reasonably expects to make a determination.
7    The electronic gaming licensee shall purchase up to the
8amount of electronic gaming positions authorized under this Act
9within 120 days after receiving its electronic gaming license.
10If an electronic gaming licensee is prepared to purchase the
11electronic gaming positions, but is temporarily prohibited
12from doing so by order of a court of competent jurisdiction or
13the Board, then the 120-day period is tolled until a resolution
14is reached.
15    An electronic gaming license shall authorize its holder to
16conduct gaming under this Act at its racetracks on the same
17days of the year and hours of the day that owner licenses are
18allowed to operate under approval of the Board.
19    A license to conduct electronic gaming and any renewal of
20an electronic gaming license shall authorize electronic gaming
21for a period of 4 years. The fee for the issuance or renewal of
22an electronic gaming license shall be $100,000.
23    (d) To be eligible to conduct electronic gaming, a person
24or entity having operating control of a race track must (i)
25obtain an electronic gaming license, (ii) hold an organization
26license under the Illinois Horse Racing Act of 1975, (iii) hold

 

 

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1an inter-track wagering license, (iv) pay an initial fee of
2$30,000 per gaming position from electronic gaming licensees
3where electronic gaming is conducted in Cook County and $17,500
4for electronic gaming licensees where electronic gaming is
5located outside of Cook County before beginning to conduct
6electronic gaming plus make the reconciliation payment
7required under subsection (i), (v) conduct at least 240 live
8races at each track per year or for a licensee that is only
9authorized 350 gaming positions pursuant to subsection (d) of
10Section 7.7 of this Act, have a fully operational facility
11running at least 96 live races over a period of at least 15
12days per year until such time as the total number of gaming
13positions is increased to 900, (vi) meet the requirements of
14subsection (a) of Section 56 of the Illinois Horse Racing Act
15of 1975, (vii) for organization licensees conducting
16standardbred race meetings that had an open backstretch in
172009, keep backstretch barns and dormitories open and
18operational year-round unless a lesser schedule is mutually
19agreed to by the organization licensee and the horsemen's
20association racing at that organization licensee's race
21meeting, (viii) for organization licensees conducting
22thoroughbred race meetings, the organization licensee must
23maintain accident medical expense liability insurance coverage
24of $1,000,000 for jockeys, and (ix) meet all other requirements
25of this Act that apply to owners licensees. Only those persons
26or entities (or its successors or assigns) that had operating

 

 

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1control of a race track and held an inter-track wagering
2license authorized by the Illinois Racing Board in 2009 are
3eligible.
4    An electronic gaming licensee may enter into a joint
5venture with a licensed owner to own, manage, conduct, or
6otherwise operate the electronic gaming licensee's electronic
7gaming facilities, unless the electronic gaming licensee has a
8parent company or other affiliated company that is, directly or
9indirectly, wholly owned by a parent company that is also
10licensed to conduct electronic gaming or its equivalent in
11another state.
12    All payments by licensees under this subsection (c) shall
13be deposited into the Gaming Facilities Fee Revenue Fund.
14    (e) A person or entity is ineligible to receive an
15electronic gaming license if:
16        (1) the person or entity has been convicted of a felony
17    under the laws of this State, any other state, or the
18    United States, including a conviction under the Racketeer
19    Influenced and Corrupt Organizations Act;
20        (2) the person or entity has been convicted of any
21    violation of Article 28 of the Criminal Code of 2012, or
22    substantially similar laws of any other jurisdiction;
23        (3) the person or entity has submitted an application
24    for a license under this Act that contains false
25    information;
26        (4) the person is a member of the Board;

 

 

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1        (5) a person defined in (1), (2), (3), or (4) of this
2    subsection (e) is an officer, director, or managerial
3    employee of the entity;
4        (6) the person or entity employs a person defined in
5    (1), (2), (3), or (4) of this subsection (e) who
6    participates in the management or operation of gambling
7    operations authorized under this Act; or
8        (7) a license of the person or entity issued under this
9    Act or a license to own or operate gambling facilities in
10    any other jurisdiction has been revoked.
11    (f) The Board may approve electronic gaming positions
12statewide as provided in this Section. The authority to operate
13electronic gaming positions under this Section shall be
14allocated as follows: up to 1,200 gaming positions for any
15electronic gaming licensee in Cook County whose electronic
16gaming license originates with an organization licensee that
17conducted live racing in calendar year 2016; up to 900 gaming
18positions for any electronic gaming licensee outside of Cook
19County whose electronic gaming license originates with an
20organization licensee that conducted live racing in calendar
21year 2016; and up to 350 gaming positions for any electronic
22gaming licensee whose electronic gaming license originates
23with an organization licensee that did not conduct live racing
24in calendar year 2010, which shall increase to 900 gaming
25positions in the calendar year following the year in which the
26electronic gaming licensee conducts 96 live races.

 

 

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1    (g) Each applicant for an electronic gaming license shall
2specify in its application for licensure the number of gaming
3positions it will operate, up to the applicable limitation set
4forth in subsection (f) of this Section. Any unreserved gaming
5positions that are not specified shall be forfeited and
6retained by the Board. For the purposes of this subsection (g),
7an electronic gaming licensee that did not conduct live racing
8in 2010 may reserve up to 900 positions and shall not be
9penalized under this Section for not operating those positions
10until it meets the requirements of subsection (f) of this
11Section, but such licensee shall not request unreserved gaming
12positions under this subsection (g) until its 900 positions are
13all operational.
14    Thereafter, the Board shall publish the number of
15unreserved electronic gaming positions and shall accept
16requests for additional positions from any electronic gaming
17licensee that initially reserved all of the positions that were
18offered. The Board shall allocate expeditiously the unreserved
19electronic gaming positions to requesting electronic gaming
20licensees in a manner that maximizes revenue to the State. The
21Board may allocate any such unused electronic gaming positions
22pursuant to an open and competitive bidding process, as
23provided under Section 7.5 of this Act. This process shall
24continue until all unreserved gaming positions have been
25purchased. All positions obtained pursuant to this process and
26all positions the electronic gaming licensee specified it would

 

 

HB3669- 172 -LRB100 10629 AMC 20852 b

1operate in its application must be in operation within 18
2months after they were obtained or the electronic gaming
3licensee forfeits the right to operate those positions, but is
4not entitled to a refund of any fees paid. The Board may, after
5holding a public hearing, grant extensions so long as the
6electronic gaming licensee is working in good faith to make the
7positions operational. The extension may be for a period of 6
8months. If, after the period of the extension, the electronic
9gaming licensee has not made the positions operational, then
10another public hearing must be held by the Board before it may
11grant another extension.
12    Unreserved gaming positions retained from and allocated to
13electronic gaming licensees by the Board pursuant to this
14subsection (g) shall not be allocated to owners licensees
15pursuant to subsection (h-10) of Section 7 of this Act.
16    For the purpose of this subsection (g), the unreserved
17gaming positions for each electronic gaming licensee shall be
18the applicable limitation set forth in subsection (f) of this
19Section, less the number of reserved gaming positions by such
20electronic gaming licensee, and the total unreserved gaming
21positions shall be the aggregate of the unreserved gaming
22positions for all electronic gaming licensees.
23    (h) Subject to the approval of the Illinois Gaming Board,
24an electronic gaming licensee may make modification or
25additions to any existing buildings and structures to comply
26with the requirements of this Act. The Illinois Gaming Board

 

 

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1shall make its decision after consulting with the Illinois
2Racing Board. In no case, however, shall the Illinois Gaming
3Board approve any modification or addition that alters the
4grounds of the organization licensee such that the act of live
5racing is an ancillary activity to electronic gaming.
6Electronic gaming may take place in existing structures where
7inter-track wagering is conducted at the race track or a
8facility within 300 yards of the race track in accordance with
9the provisions of this Act and the Illinois Horse Racing Act of
101975.
11    (i) An electronic gaming licensee may conduct electronic
12gaming at a temporary facility pending the construction of a
13permanent facility or the remodeling or relocation of an
14existing facility to accommodate electronic gaming
15participants for up to 24 months after the temporary facility
16begins to conduct electronic gaming. Upon request by an
17electronic gaming licensee and upon a showing of good cause by
18the electronic gaming licensee, the Board shall extend the
19period during which the licensee may conduct electronic gaming
20at a temporary facility by up to 12 months. The Board shall
21make rules concerning the conduct of electronic gaming from
22temporary facilities.
23    Electronic gaming may take place in existing structures
24where inter-track wagering is conducted at the race track or a
25facility within 300 yards of the race track in accordance with
26the provisions of this Act and the Illinois Horse Racing Act of

 

 

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11975.
2    (j) The Illinois Gaming Board must adopt emergency rules in
3accordance with Section 5-45 of the Illinois Administrative
4Procedure Act as necessary to ensure compliance with the
5provisions of this amendatory Act of the 100th General Assembly
6concerning electronic gaming. The adoption of emergency rules
7authorized by this subsection (j) shall be deemed to be
8necessary for the public interest, safety, and welfare.
9    (k) Each electronic gaming licensee who obtains electronic
10gaming positions must make a reconciliation payment 3 years
11after the date the electronic gaming licensee begins operating
12the positions in an amount equal to 75% of the difference
13between its adjusted gross receipts from electronic gaming and
14amounts paid to its purse accounts pursuant to item (1) of
15subsection (b) of Section 56 of the Illinois Horse Racing Act
16of 1975 for the 12-month period for which such difference was
17the largest, minus an amount equal to the initial per position
18fee paid by the electronic gaming licensee. If this calculation
19results in a negative amount, then the electronic gaming
20licensee is not entitled to any reimbursement of fees
21previously paid. This reconciliation payment may be made in
22installments over a period of no more than 2 years, subject to
23Board approval. Any installment payments shall include an
24annual market interest rate as determined by the Board.
25    All payments by licensees under this subsection (i) shall
26be deposited into the Gaming Facilities Fee Revenue Fund.

 

 

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1    (l) As soon as practical after a request is made by the
2Illinois Gaming Board, to minimize duplicate submissions by the
3applicant, the Illinois Racing Board must provide information
4on an applicant for an electronic gaming license to the
5Illinois Gaming Board.
 
6    (230 ILCS 10/7.8 new)
7    Sec. 7.8. Home rule. The regulation and licensing of
8electronic gaming and electronic gaming licensees are
9exclusive powers and functions of the State. A home rule unit
10may not regulate or license electronic gaming or electronic
11gaming licensees. This Section is a denial and limitation of
12home rule powers and functions under subsection (h) of Section
136 of Article VII of the Illinois Constitution.
 
14    (230 ILCS 10/8)  (from Ch. 120, par. 2408)
15    Sec. 8. Suppliers licenses.
16    (a) The Board may issue a suppliers license to such
17persons, firms or corporations which apply therefor upon the
18payment of a non-refundable application fee set by the Board,
19upon a determination by the Board that the applicant is
20eligible for a suppliers license and upon payment of a $5,000
21annual license fee.
22    (b) The holder of a suppliers license is authorized to sell
23or lease, and to contract to sell or lease, gambling equipment
24and supplies to any licensee involved in the ownership or

 

 

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1management of gambling operations.
2    (c) Gambling supplies and equipment may not be distributed
3unless supplies and equipment conform to standards adopted by
4rules of the Board.
5    (d) A person, firm or corporation is ineligible to receive
6a suppliers license if:
7        (1) the person has been convicted of a felony under the
8    laws of this State, any other state, or the United States;
9        (2) the person has been convicted of any violation of
10    Article 28 of the Criminal Code of 1961 or the Criminal
11    Code of 2012, or substantially similar laws of any other
12    jurisdiction;
13        (3) the person has submitted an application for a
14    license under this Act which contains false information;
15        (4) the person is a member of the Board;
16        (5) the entity firm or corporation is one in which a
17    person defined in (1), (2), (3) or (4), is an officer,
18    director or managerial employee;
19        (6) the firm or corporation employs a person who
20    participates in the management or operation of riverboat
21    gambling authorized under this Act;
22        (7) the license of the person, firm or corporation
23    issued under this Act, or a license to own or operate
24    gambling facilities in any other jurisdiction, has been
25    revoked.
26    (e) Any person that supplies any equipment, devices, or

 

 

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1supplies to a licensed riverboat gambling operation electronic
2gaming operation must first obtain a suppliers license. A
3supplier shall furnish to the Board a list of all equipment,
4devices and supplies offered for sale or lease in connection
5with gambling games authorized under this Act. A supplier shall
6keep books and records for the furnishing of equipment, devices
7and supplies to gambling operations separate and distinct from
8any other business that the supplier might operate. A supplier
9shall file a quarterly return with the Board listing all sales
10and leases. A supplier shall permanently affix its name or a
11distinctive logo or other mark or design element identifying
12the manufacturer or supplier to all its equipment, devices, and
13supplies, except gaming chips without a value impressed,
14engraved, or imprinted on it, for gambling operations. The
15Board may waive this requirement for any specific product or
16products if it determines that the requirement is not necessary
17to protect the integrity of the game. Items purchased from a
18licensed supplier may continue to be used even though the
19supplier subsequently changes its name, distinctive logo, or
20other mark or design element; undergoes a change in ownership;
21or ceases to be licensed as a supplier for any reason. Any
22supplier's equipment, devices or supplies which are used by any
23person in an unauthorized gambling operation shall be forfeited
24to the State. A holder of an owners license or an electronic
25gaming license A licensed owner may own its own equipment,
26devices and supplies. Each holder of an owners license or an

 

 

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1electronic gaming license under the Act shall file an annual
2report listing its inventories of gambling equipment, devices
3and supplies.
4    (f) Any person who knowingly makes a false statement on an
5application is guilty of a Class A misdemeanor.
6    (g) Any gambling equipment, devices and supplies provided
7by any licensed supplier may either be repaired on the
8riverboat or at the electronic gaming facility or removed from
9the riverboat or electronic gaming facility to a an on-shore
10facility owned by the holder of an owners license or electronic
11gaming license for repair.
12(Source: P.A. 97-1150, eff. 1-25-13; 98-12, eff. 5-10-13;
1398-756, eff. 7-16-14.)
 
14    (230 ILCS 10/9)  (from Ch. 120, par. 2409)
15    Sec. 9. Occupational licenses.
16    (a) The Board may issue an occupational license to an
17applicant upon the payment of a non-refundable fee set by the
18Board, upon a determination by the Board that the applicant is
19eligible for an occupational license and upon payment of an
20annual license fee in an amount to be established. To be
21eligible for an occupational license, an applicant must:
22        (1) be at least 21 years of age if the applicant will
23    perform any function involved in gaming by patrons. Any
24    applicant seeking an occupational license for a non-gaming
25    function shall be at least 18 years of age;

 

 

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1        (2) not have been convicted of a felony offense, a
2    violation of Article 28 of the Criminal Code of 1961 or the
3    Criminal Code of 2012, or a similar statute of any other
4    jurisdiction;
5        (2.5) not have been convicted of a crime, other than a
6    crime described in item (2) of this subsection (a),
7    involving dishonesty or moral turpitude, except that the
8    Board may, in its discretion, issue an occupational license
9    to a person who has been convicted of a crime described in
10    this item (2.5) more than 10 years prior to his or her
11    application and has not subsequently been convicted of any
12    other crime;
13        (3) have demonstrated a level of skill or knowledge
14    which the Board determines to be necessary in order to
15    operate gambling aboard a riverboat or at an electronic
16    gaming facility; and
17        (4) have met standards for the holding of an
18    occupational license as adopted by rules of the Board. Such
19    rules shall provide that any person or entity seeking an
20    occupational license to manage gambling operations under
21    this Act hereunder shall be subject to background inquiries
22    and further requirements similar to those required of
23    applicants for an owners license. Furthermore, such rules
24    shall provide that each such entity shall be permitted to
25    manage gambling operations for only one licensed owner.
26    (b) Each application for an occupational license shall be

 

 

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1on forms prescribed by the Board and shall contain all
2information required by the Board. The applicant shall set
3forth in the application: whether he has been issued prior
4gambling related licenses; whether he has been licensed in any
5other state under any other name, and, if so, such name and his
6age; and whether or not a permit or license issued to him in
7any other state has been suspended, restricted or revoked, and,
8if so, for what period of time.
9    (c) Each applicant shall submit with his application, on
10forms provided by the Board, 2 sets of his fingerprints. The
11Board shall charge each applicant a fee set by the Department
12of State Police to defray the costs associated with the search
13and classification of fingerprints obtained by the Board with
14respect to the applicant's application. These fees shall be
15paid into the State Police Services Fund.
16    (d) The Board may in its discretion refuse an occupational
17license to any person: (1) who is unqualified to perform the
18duties required of such applicant; (2) who fails to disclose or
19states falsely any information called for in the application;
20(3) who has been found guilty of a violation of this Act or
21whose prior gambling related license or application therefor
22has been suspended, restricted, revoked or denied for just
23cause in any other state; or (4) for any other just cause.
24    (e) The Board may suspend, revoke or restrict any
25occupational licensee: (1) for violation of any provision of
26this Act; (2) for violation of any of the rules and regulations

 

 

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1of the Board; (3) for any cause which, if known to the Board,
2would have disqualified the applicant from receiving such
3license; or (4) for default in the payment of any obligation or
4debt due to the State of Illinois; or (5) for any other just
5cause.
6    (f) A person who knowingly makes a false statement on an
7application is guilty of a Class A misdemeanor.
8    (g) Any license issued pursuant to this Section shall be
9valid for a period of one year from the date of issuance.
10    (h) Nothing in this Act shall be interpreted to prohibit a
11licensed owner or electronic gaming licensee from entering into
12an agreement with a public community college or a school
13approved under the Private Business and Vocational Schools Act
14of 2012 for the training of any occupational licensee. Any
15training offered by such a school shall be in accordance with a
16written agreement between the licensed owner or electronic
17gaming licensee and the school.
18    (i) Any training provided for occupational licensees may be
19conducted either at the site of the gambling facility on the
20riverboat or at a school with which a licensed owner or
21electronic gaming licensee has entered into an agreement
22pursuant to subsection (h).
23(Source: P.A. 96-1392, eff. 1-1-11; 97-650, eff. 2-1-12;
2497-1150, eff. 1-25-13.)
 
25    (230 ILCS 10/11)  (from Ch. 120, par. 2411)

 

 

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1    Sec. 11. Conduct of gambling. Gambling may be conducted by
2licensed owners or licensed managers on behalf of the State
3aboard riverboats. Gambling may be conducted by electronic
4gaming licensees at electronic gaming facilities. Gambling
5authorized under this Section is , subject to the following
6standards:
7        (1) A licensee may conduct riverboat gambling
8    authorized under this Act regardless of whether it conducts
9    excursion cruises. A licensee may permit the continuous
10    ingress and egress of patrons passengers on a riverboat not
11    used for excursion cruises for the purpose of gambling.
12    Excursion cruises shall not exceed 4 hours for a round
13    trip. However, the Board may grant express approval for an
14    extended cruise on a case-by-case basis.
15        (2) (Blank).
16        (3) Minimum and maximum wagers on games shall be set by
17    the licensee.
18        (4) Agents of the Board and the Department of State
19    Police may board and inspect any riverboat or enter and
20    inspect any portion of an electronic gaming facility at any
21    time for the purpose of determining whether this Act is
22    being complied with. Every riverboat, if under way and
23    being hailed by a law enforcement officer or agent of the
24    Board, must stop immediately and lay to.
25        (5) Employees of the Board shall have the right to be
26    present on the riverboat or on adjacent facilities under

 

 

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1    the control of the licensee and at the electronic gaming
2    facility under the control of the electronic gaming
3    licensee.
4        (6) Gambling equipment and supplies customarily used
5    in conducting riverboat gambling or electronic gaming must
6    be purchased or leased only from suppliers licensed for
7    such purpose under this Act. The Board may approve the
8    transfer, sale, or lease of gambling equipment and supplies
9    by a licensed owner from or to an affiliate of the licensed
10    owner as long as the gambling equipment and supplies were
11    initially acquired from a supplier licensed in Illinois.
12        (7) Persons licensed under this Act shall permit no
13    form of wagering on gambling games except as permitted by
14    this Act.
15        (8) Wagers may be received only from a person present
16    on a licensed riverboat or at an electronic gaming
17    facility. No person present on a licensed riverboat or at
18    an electronic gaming facility shall place or attempt to
19    place a wager on behalf of another person who is not
20    present on the riverboat or at the electronic gaming
21    facility.
22        (9) Wagering, including electronic gaming, shall not
23    be conducted with money or other negotiable currency.
24        (10) A person under age 21 shall not be permitted on an
25    area of a riverboat where gambling is being conducted or at
26    an electronic gaming facility where gambling is being

 

 

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1    conducted, except for a person at least 18 years of age who
2    is an employee of the riverboat gambling operation or
3    electronic gaming operation. No employee under age 21 shall
4    perform any function involved in gambling by the patrons.
5    No person under age 21 shall be permitted to make a wager
6    under this Act, and any winnings that are a result of a
7    wager by a person under age 21, whether or not paid by a
8    licensee, shall be treated as winnings for the privilege
9    tax purposes, confiscated, and forfeited to the State and
10    deposited into the Education Assistance Fund.
11        (11) Gambling excursion cruises are permitted only
12    when the waterway for which the riverboat is licensed is
13    navigable, as determined by the Board in consultation with
14    the U.S. Army Corps of Engineers. This paragraph (11) does
15    not limit the ability of a licensee to conduct gambling
16    authorized under this Act when gambling excursion cruises
17    are not permitted.
18        (12) All tokens, chips or electronic cards used to make
19    wagers must be purchased (i) from a licensed owner or
20    manager, in the case of a riverboat, either aboard a
21    riverboat or at an onshore facility which has been approved
22    by the Board and which is located where the riverboat docks
23    or (ii) from an electronic gaming licensee at the
24    electronic gaming facility. The tokens, chips or
25    electronic cards may be purchased by means of an agreement
26    under which the owner or manager extends credit to the

 

 

HB3669- 185 -LRB100 10629 AMC 20852 b

1    patron. Such tokens, chips or electronic cards may be used
2    while aboard the riverboat or at the electronic gaming
3    facility only for the purpose of making wagers on gambling
4    games.
5        (13) Notwithstanding any other Section of this Act, in
6    addition to the other licenses authorized under this Act,
7    the Board may issue special event licenses allowing persons
8    who are not otherwise licensed to conduct riverboat
9    gambling to conduct such gambling on a specified date or
10    series of dates. Riverboat gambling under such a license
11    may take place on a riverboat not normally used for
12    riverboat gambling. The Board shall establish standards,
13    fees and fines for, and limitations upon, such licenses,
14    which may differ from the standards, fees, fines and
15    limitations otherwise applicable under this Act. All such
16    fees shall be deposited into the State Gaming Fund. All
17    such fines shall be deposited into the Education Assistance
18    Fund, created by Public Act 86-0018, of the State of
19    Illinois.
20        (14) In addition to the above, gambling must be
21    conducted in accordance with all rules adopted by the
22    Board.
23(Source: P.A. 96-1392, eff. 1-1-11.)
 
24    (230 ILCS 10/11.1)  (from Ch. 120, par. 2411.1)
25    Sec. 11.1. Collection of amounts owing under credit

 

 

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1agreements. Notwithstanding any applicable statutory provision
2to the contrary, a licensed owner, licensed or manager, or
3electronic gaming licensee who extends credit to a riverboat
4gambling patron or an electronic gaming patron pursuant to
5Section 11 (a) (12) of this Act is expressly authorized to
6institute a cause of action to collect any amounts due and
7owing under the extension of credit, as well as the licensed
8owner's, licensed or manager's,or electronic gaming licensee's
9costs, expenses and reasonable attorney's fees incurred in
10collection.
11(Source: P.A. 93-28, eff. 6-20-03.)
 
12    (230 ILCS 10/12)  (from Ch. 120, par. 2412)
13    Sec. 12. Admission tax; fees.
14    (a) A tax is hereby imposed upon admissions to riverboats
15operated by licensed owners authorized pursuant to this Act.
16Until July 1, 2002, the rate is $2 per person admitted. From
17July 1, 2002 until July 1, 2003, the rate is $3 per person
18admitted. From July 1, 2003 until August 23, 2005 (the
19effective date of Public Act 94-673), for a licensee that
20admitted 1,000,000 persons or fewer in the previous calendar
21year, the rate is $3 per person admitted; for a licensee that
22admitted more than 1,000,000 but no more than 2,300,000 persons
23in the previous calendar year, the rate is $4 per person
24admitted; and for a licensee that admitted more than 2,300,000
25persons in the previous calendar year, the rate is $5 per

 

 

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1person admitted. Beginning on August 23, 2005 (the effective
2date of Public Act 94-673), for a licensee that admitted
31,000,000 persons or fewer in calendar year 2004, the rate is
4$2 per person admitted, and for all other licensees, including
5licensees that were not conducting gambling operations in 2004,
6the rate is $3 per person admitted. This admission tax is
7imposed upon the licensed owner conducting gambling.
8        (1) The admission tax shall be paid for each admission,
9    except that a person who exits a riverboat gambling
10    facility and reenters that riverboat gambling facility
11    within the same gaming day shall be subject only to the
12    initial admission tax.
13        (2) (Blank).
14        (3) The riverboat licensee may issue tax-free passes to
15    actual and necessary officials and employees of the
16    licensee or other persons actually working on the
17    riverboat.
18        (4) The number and issuance of tax-free passes is
19    subject to the rules of the Board, and a list of all
20    persons to whom the tax-free passes are issued shall be
21    filed with the Board.
22    (a-5) A fee is hereby imposed upon admissions operated by
23licensed managers on behalf of the State pursuant to Section
247.3 at the rates provided in this subsection (a-5). For a
25licensee that admitted 1,000,000 persons or fewer in the
26previous calendar year, the rate is $3 per person admitted; for

 

 

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1a licensee that admitted more than 1,000,000 but no more than
22,300,000 persons in the previous calendar year, the rate is $4
3per person admitted; and for a licensee that admitted more than
42,300,000 persons in the previous calendar year, the rate is $5
5per person admitted.
6        (1) The admission fee shall be paid for each admission.
7        (2) (Blank).
8        (3) The licensed manager may issue fee-free passes to
9    actual and necessary officials and employees of the manager
10    or other persons actually working on the riverboat.
11        (4) The number and issuance of fee-free passes is
12    subject to the rules of the Board, and a list of all
13    persons to whom the fee-free passes are issued shall be
14    filed with the Board.
15    (b) From the tax imposed under subsection (a) and the fee
16imposed under subsection (a-5), a municipality shall receive
17from the State $1 for each person embarking on a riverboat
18docked within the municipality, and a county shall receive $1
19for each person embarking on a riverboat docked within the
20county but outside the boundaries of any municipality. The
21municipality's or county's share shall be collected by the
22Board on behalf of the State and remitted quarterly by the
23State, subject to appropriation, to the treasurer of the unit
24of local government for deposit in the general fund.
25    (c) The licensed owner shall pay the entire admission tax
26to the Board and the licensed manager shall pay the entire

 

 

HB3669- 189 -LRB100 10629 AMC 20852 b

1admission fee to the Board. Such payments shall be made daily.
2Accompanying each payment shall be a return on forms provided
3by the Board which shall include other information regarding
4admissions as the Board may require. Failure to submit either
5the payment or the return within the specified time may result
6in suspension or revocation of the owners or managers license.
7    (c-5) A tax is imposed on admissions to electronic gaming
8facilities at the rate of $3 per person admitted by an
9electronic gaming licensee. The tax is imposed upon the
10electronic gaming licensee.
11        (1) The admission tax shall be paid for each admission,
12    except that a person who exits an electronic gaming
13    facility and reenters that electronic gaming facility
14    within the same gaming day, as the term "gaming day" is
15    defined by the Board by rule, shall be subject only to the
16    initial admission tax. The Board shall establish, by rule,
17    a procedure to determine whether a person admitted to an
18    electronic gaming facility has paid the admission tax.
19        (2) An electronic gaming licensee may issue tax-free
20    passes to actual and necessary officials and employees of
21    the licensee and other persons associated with electronic
22    gaming operations.
23        (3) 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.

 

 

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1        (4) The electronic gaming licensee shall pay the entire
2    admission tax to the Board.
3    Such payments shall be made daily. Accompanying each
4payment shall be a return on forms provided by the Board, which
5shall include other information regarding admission as the
6Board may require. Failure to submit either the payment or the
7return within the specified time may result in suspension or
8revocation of the electronic gaming license.
9    From the tax imposed under this subsection (c-5), a
10municipality other than the Village of Stickney or the City of
11Collinsville in which an electronic gaming facility is located,
12or if the electronic gaming facility is not located within a
13municipality, then the county in which the electronic gaming
14facility is located, except as otherwise provided in this
15Section, shall receive, subject to appropriation, $1 for each
16person who enters the electronic gaming facility. For each
17admission to the electronic gaming facility in excess of
181,500,000 in a year, from the tax imposed under this subsection
19(c-5), the county in which the electronic gaming facility is
20located shall receive, subject to appropriation, $0.30, which
21shall be in addition to any other moneys paid to the county
22under this Section.
23    From the tax imposed under this subsection (c-5) on an
24electronic gaming facility located in the Village of Stickney,
25$1 for each person who enters the electronic gaming facility
26shall be distributed as follows, subject to appropriation:

 

 

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1$0.24 to the Village of Stickney, $0.49 to the Town of Cicero,
2$0.05 to the City of Berwyn, and $0.17 to the Stickney Public
3Health District, and $0.05 to the City of Bridgeview.
4    From the tax imposed under this subsection (c-5) on an
5electronic gaming facility located in the City of Collinsville,
6$1 for each person who enters the electronic gaming facility
7shall be distributed as follows, subject to appropriation:
8$0.45 to the City of Alton, $0.45 to the City of East St.
9Louis, and $0.10 to the City of Collinsville.
10    After payments required under this subsection (c-5) have
11been made, all remaining amounts shall be deposited into the
12Education Assistance Fund.
13    (d) The Board shall administer and collect the admission
14tax imposed by this Section, to the extent practicable, in a
15manner consistent with the provisions of Sections 4, 5, 5a, 5b,
165c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9 and 10 of the
17Retailers' Occupation Tax Act and Section 3-7 of the Uniform
18Penalty and Interest Act.
19(Source: P.A. 95-663, eff. 10-11-07; 96-1392, eff. 1-1-11.)
 
20    (230 ILCS 10/13)  (from Ch. 120, par. 2413)
21    Sec. 13. Wagering tax; rate; distribution.
22    (a) Until January 1, 1998, a tax is imposed on the adjusted
23gross receipts received from gambling games authorized under
24this Act at the rate of 20%.
25    (a-1) From January 1, 1998 until July 1, 2002, a privilege

 

 

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1tax is imposed on persons engaged in the business of conducting
2riverboat gambling operations, based on the adjusted gross
3receipts received by a licensed owner from gambling games
4authorized under this Act at the following rates:
5        15% of annual adjusted gross receipts up to and
6    including $25,000,000;
7        20% of annual adjusted gross receipts in excess of
8    $25,000,000 but not exceeding $50,000,000;
9        25% of annual adjusted gross receipts in excess of
10    $50,000,000 but not exceeding $75,000,000;
11        30% of annual adjusted gross receipts in excess of
12    $75,000,000 but not exceeding $100,000,000;
13        35% of annual adjusted gross receipts in excess of
14    $100,000,000.
15    (a-2) From July 1, 2002 until July 1, 2003, a privilege tax
16is imposed on persons engaged in the business of conducting
17riverboat gambling operations, other than licensed managers
18conducting riverboat gambling operations on behalf of the
19State, based on the adjusted gross receipts received by a
20licensed owner from gambling games authorized under this Act at
21the following rates:
22        15% of annual adjusted gross receipts up to and
23    including $25,000,000;
24        22.5% of annual adjusted gross receipts in excess of
25    $25,000,000 but not exceeding $50,000,000;
26        27.5% of annual adjusted gross receipts in excess of

 

 

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1    $50,000,000 but not exceeding $75,000,000;
2        32.5% of annual adjusted gross receipts in excess of
3    $75,000,000 but not exceeding $100,000,000;
4        37.5% of annual adjusted gross receipts in excess of
5    $100,000,000 but not exceeding $150,000,000;
6        45% of annual adjusted gross receipts in excess of
7    $150,000,000 but not exceeding $200,000,000;
8        50% of annual adjusted gross receipts in excess of
9    $200,000,000.
10    (a-3) Beginning July 1, 2003, a privilege tax is imposed on
11persons engaged in the business of conducting riverboat
12gambling operations, other than licensed managers conducting
13riverboat gambling operations on behalf of the State, based on
14the adjusted gross receipts received by a licensed owner from
15gambling games authorized under this Act at the following
16rates:
17        15% of annual adjusted gross receipts up to and
18    including $25,000,000;
19        27.5% of annual adjusted gross receipts in excess of
20    $25,000,000 but not exceeding $37,500,000;
21        32.5% of annual adjusted gross receipts in excess of
22    $37,500,000 but not exceeding $50,000,000;
23        37.5% of annual adjusted gross receipts in excess of
24    $50,000,000 but not exceeding $75,000,000;
25        45% of annual adjusted gross receipts in excess of
26    $75,000,000 but not exceeding $100,000,000;

 

 

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1        50% of annual adjusted gross receipts in excess of
2    $100,000,000 but not exceeding $250,000,000;
3        70% of annual adjusted gross receipts in excess of
4    $250,000,000.
5    An amount equal to the amount of wagering taxes collected
6under this subsection (a-3) that are in addition to the amount
7of wagering taxes that would have been collected if the
8wagering tax rates under subsection (a-2) were in effect shall
9be paid into the Common School Fund.
10    The privilege tax imposed under this subsection (a-3) shall
11no longer be imposed beginning on the earlier of (i) July 1,
122005; (ii) the first date after June 20, 2003 that riverboat
13gambling operations are conducted pursuant to a dormant
14license; or (iii) the first day that riverboat gambling
15operations are conducted under the authority of an owners
16license that is in addition to the 10 owners licenses initially
17authorized under this Act. For the purposes of this subsection
18(a-3), the term "dormant license" means an owners license that
19is authorized by this Act under which no riverboat gambling
20operations are being conducted on June 20, 2003.
21    (a-4) Beginning on the first day on which the tax imposed
22under subsection (a-3) is no longer imposed, a privilege tax is
23imposed on persons engaged in the business of conducting
24riverboat gambling or electronic gaming operations, other than
25licensed managers conducting riverboat gambling operations on
26behalf of the State, based on the adjusted gross receipts

 

 

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1received by a licensed owner from gambling games authorized
2under this Act at the following rates:
3        15% of annual adjusted gross receipts up to and
4    including $25,000,000;
5        22.5% of annual adjusted gross receipts in excess of
6    $25,000,000 but not exceeding $50,000,000;
7        27.5% of annual adjusted gross receipts in excess of
8    $50,000,000 but not exceeding $75,000,000;
9        32.5% of annual adjusted gross receipts in excess of
10    $75,000,000 but not exceeding $100,000,000;
11        37.5% of annual adjusted gross receipts in excess of
12    $100,000,000 but not exceeding $150,000,000;
13        45% of annual adjusted gross receipts in excess of
14    $150,000,000 but not exceeding $200,000,000;
15        50% of annual adjusted gross receipts in excess of
16    $200,000,000.
17    For the imposition of the privilege tax in this subsection
18(a-4), amounts paid pursuant to item (1) of subsection (b) of
19Section 56 of the Illinois Horse Racing Act of 1975 shall not
20be included in the determination of adjusted gross receipts.
21    (a-8) Riverboat gambling operations conducted by a
22licensed manager on behalf of the State are not subject to the
23tax imposed under this Section.
24    (a-10) The taxes imposed by this Section shall be paid by
25the licensed owner or the electronic gaming licensee to the
26Board not later than 5:00 o'clock p.m. of the day after the day

 

 

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1when the wagers were made.
2    (a-15) If the privilege tax imposed under subsection (a-3)
3is no longer imposed pursuant to item (i) of the last paragraph
4of subsection (a-3), then by June 15 of each year, each owners
5licensee, other than an owners licensee that admitted 1,000,000
6persons or fewer in calendar year 2004, must, in addition to
7the payment of all amounts otherwise due under this Section,
8pay to the Board a reconciliation payment in the amount, if
9any, by which the licensed owner's base amount exceeds the
10amount of net privilege tax paid by the licensed owner to the
11Board in the then current State fiscal year. A licensed owner's
12net privilege tax obligation due for the balance of the State
13fiscal year shall be reduced up to the total of the amount paid
14by the licensed owner in its June 15 reconciliation payment.
15The obligation imposed by this subsection (a-15) is binding on
16any person, firm, corporation, or other entity that acquires an
17ownership interest in any such owners license. The obligation
18imposed under this subsection (a-15) terminates on the earliest
19of: (i) July 1, 2007, (ii) the first day after the effective
20date of this amendatory Act of the 94th General Assembly that
21riverboat gambling operations are conducted pursuant to a
22dormant license, (iii) the first day that riverboat gambling
23operations are conducted under the authority of an owners
24license that is in addition to the 10 owners licenses initially
25authorized under this Act, or (iv) the first day that a
26licensee under the Illinois Horse Racing Act of 1975 conducts

 

 

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1gaming operations with slot machines or other electronic gaming
2devices. The Board must reduce the obligation imposed under
3this subsection (a-15) by an amount the Board deems reasonable
4for any of the following reasons: (A) an act or acts of God,
5(B) an act of bioterrorism or terrorism or a bioterrorism or
6terrorism threat that was investigated by a law enforcement
7agency, or (C) a condition beyond the control of the owners
8licensee that does not result from any act or omission by the
9owners licensee or any of its agents and that poses a hazardous
10threat to the health and safety of patrons. If an owners
11licensee pays an amount in excess of its liability under this
12Section, the Board shall apply the overpayment to future
13payments required under this Section.
14    For purposes of this subsection (a-15):
15    "Act of God" means an incident caused by the operation of
16an extraordinary force that cannot be foreseen, that cannot be
17avoided by the exercise of due care, and for which no person
18can be held liable.
19    "Base amount" means the following:
20        For a riverboat in Alton, $31,000,000.
21        For a riverboat in East Peoria, $43,000,000.
22        For the Empress riverboat in Joliet, $86,000,000.
23        For a riverboat in Metropolis, $45,000,000.
24        For the Harrah's riverboat in Joliet, $114,000,000.
25        For a riverboat in Aurora, $86,000,000.
26        For a riverboat in East St. Louis, $48,500,000.

 

 

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1        For a riverboat in Elgin, $198,000,000.
2    "Dormant license" has the meaning ascribed to it in
3subsection (a-3).
4    "Net privilege tax" means all privilege taxes paid by a
5licensed owner to the Board under this Section, less all
6payments made from the State Gaming Fund pursuant to subsection
7(b) of this Section.
8    The changes made to this subsection (a-15) by Public Act
994-839 are intended to restate and clarify the intent of Public
10Act 94-673 with respect to the amount of the payments required
11to be made under this subsection by an owners licensee to the
12Board.
13    (b) Until January 1, 1998, 25% of the tax revenue deposited
14in the State Gaming Fund under this Section shall be paid,
15subject to appropriation by the General Assembly, to the unit
16of local government which is designated as the home dock of the
17riverboat. Beginning January 1, 1998, from the tax revenue from
18riverboat gambling deposited in the State Gaming Fund under
19this Section, an amount equal to 5% of adjusted gross receipts
20generated by a riverboat shall be paid monthly, subject to
21appropriation by the General Assembly, to the unit of local
22government that is designated as the home dock of the
23riverboat. From the tax revenue deposited in the State Gaming
24Fund pursuant to riverboat gambling operations conducted by a
25licensed manager on behalf of the State, an amount equal to 5%
26of adjusted gross receipts generated pursuant to those

 

 

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1riverboat gambling operations shall be paid monthly, subject to
2appropriation by the General Assembly, to the unit of local
3government that is designated as the home dock of the riverboat
4upon which those riverboat gambling operations are conducted.
5    (b-5) Beginning on the effective date of this amendatory
6Act of the 100th General Assembly, from the tax revenue
7deposited in the State Gaming Fund under this Section, an
8amount equal to 3% of adjusted gross receipts generated by each
9electronic gaming facility located outside Madison County
10shall be paid monthly, subject to appropriation by the General
11Assembly, to a municipality other than the Village of Stickney
12in which each electronic gaming facility is located or, if the
13electronic gaming facility is not located within a
14municipality, to the county in which the electronic gaming
15facility is located, except as otherwise provided in this
16Section. From the tax revenue deposited in the State Gaming
17Fund under this Section, an amount equal to 3% of adjusted
18gross receipts generated by an electronic gaming facility
19located in the Village of Stickney shall be paid monthly,
20subject to appropriation by the General Assembly, as follows:
2125% to the Village of Stickney, 5% to the City of Berwyn, 50%
22to the Town of Cicero, and 20% to the Stickney Public Health
23District.
24    From the tax revenue deposited in the State Gaming Fund
25under this Section, an amount equal to 5% of adjusted gross
26receipts generated by an electronic gaming facility located in

 

 

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1the City of Collinsville shall be paid monthly, subject to
2appropriation by the General Assembly, as follows: 45% to the
3City of Alton, 45% to the City of East St. Louis, and 10% to the
4City of Collinsville.
5    Municipalities and counties may refund any portion of the
6payment that they receive pursuant to this subsection (b-5) to
7the electronic gaming facility.
8    (b-6) Beginning on the effective date of this amendatory
9Act of the 100th General Assembly, from the tax revenue
10deposited in the State Gaming Fund under this Section, an
11amount equal to 2% of adjusted gross receipts generated by an
12electronic gaming facility located outside Madison County
13shall be paid monthly, subject to appropriation by the General
14Assembly, to the county in which the electronic gaming facility
15is located for the purposes of its criminal justice system or
16health care system.
17    Counties may refund any portion of the payment that they
18receive pursuant to this subsection (b-6) to the electronic
19gaming facility.
20    (c) Appropriations, as approved by the General Assembly,
21may be made from the State Gaming Fund to the Board (i) for the
22administration and enforcement of this Act and the Video Gaming
23Act, (ii) for distribution to the Department of State Police
24and to the Department of Revenue for the enforcement of this
25Act, and (iii) to the Department of Human Services for the
26administration of programs to treat problem gambling.

 

 

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1    (c-3) Appropriations, as approved by the General Assembly,
2may be made from the tax revenue deposited into the State
3Gaming Fund from electronic gaming pursuant to this Section for
4the administration and enforcement of this Act.
5    (c-4) After payments required under subsections (b),
6(b-5), (b-6), (c), and (c-3) have been made from the tax
7revenue from electronic gaming deposited into the State Gaming
8Fund under this Section, all remaining amounts from electronic
9gaming shall be deposited into the Education Assistance Fund.
10    (c-5) Before May 26, 2006 (the effective date of Public Act
1194-804) and beginning on the effective date of this amendatory
12Act of the 95th General Assembly, unless any organization
13licensee under the Illinois Horse Racing Act of 1975 begins to
14operate a slot machine or video game of chance under the
15Illinois Horse Racing Act of 1975 or this Act, after the
16payments required under subsections (b) and (c) have been made,
17an amount equal to 15% of the adjusted gross receipts of (1) an
18owners licensee that relocates pursuant to Section 11.2, (2) an
19owners licensee conducting riverboat gambling operations
20pursuant to an owners license that is initially issued after
21June 25, 1999, or (3) the first riverboat gambling operations
22conducted by a licensed manager on behalf of the State under
23Section 7.3, whichever comes first, shall be paid from the
24State Gaming Fund into the Horse Racing Equity Fund.
25    (c-10) Each year the General Assembly shall appropriate
26from the General Revenue Fund to the Education Assistance Fund

 

 

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1an amount equal to the amount paid into the Horse Racing Equity
2Fund pursuant to subsection (c-5) in the prior calendar year.
3    (c-15) After the payments required under subsections (b),
4(c), and (c-5) have been made, an amount equal to 2% of the
5adjusted gross receipts of (1) an owners licensee that
6relocates pursuant to Section 11.2, (2) an owners licensee
7conducting riverboat gambling operations pursuant to an owners
8license that is initially issued after June 25, 1999, or (3)
9the first riverboat gambling operations conducted by a licensed
10manager on behalf of the State under Section 7.3, whichever
11comes first, shall be paid, subject to appropriation from the
12General Assembly, from the State Gaming Fund to each home rule
13county with a population of over 3,000,000 inhabitants for the
14purpose of enhancing the county's criminal justice system.
15    (c-20) Each year the General Assembly shall appropriate
16from the General Revenue Fund to the Education Assistance Fund
17an amount equal to the amount paid to each home rule county
18with a population of over 3,000,000 inhabitants pursuant to
19subsection (c-15) in the prior calendar year.
20    (c-25) On July 1, 2013 and each July 1 thereafter,
21$1,600,000 shall be transferred from the State Gaming Fund to
22the Chicago State University Education Improvement Fund.
23    (c-30) On July 1, 2013 or as soon as possible thereafter,
24$92,000,000 shall be transferred from the State Gaming Fund to
25the School Infrastructure Fund and $23,000,000 shall be
26transferred from the State Gaming Fund to the Horse Racing

 

 

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1Equity Fund.
2    (c-35) Beginning on July 1, 2013, in addition to any amount
3transferred under subsection (c-30) of this Section,
4$5,530,000 shall be transferred monthly from the State Gaming
5Fund to the School Infrastructure Fund.
6    (d) From time to time, the Board shall transfer the
7remainder of the funds generated by this Act into the Education
8Assistance Fund, created by Public Act 86-0018, of the State of
9Illinois.
10    (e) Nothing in this Act shall prohibit the unit of local
11government designated as the home dock of the riverboat from
12entering into agreements with other units of local government
13in this State or in other states to share its portion of the
14tax revenue.
15    (f) To the extent practicable, the Board shall administer
16and collect the wagering taxes imposed by this Section in a
17manner consistent with the provisions of Sections 4, 5, 5a, 5b,
185c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, and 10 of the
19Retailers' Occupation Tax Act and Section 3-7 of the Uniform
20Penalty and Interest Act.
21(Source: P.A. 98-18, eff. 6-7-13.)
 
22    (230 ILCS 10/14)  (from Ch. 120, par. 2414)
23    Sec. 14. Licensees - Records - Reports - Supervision.
24    (a) Licensed owners and electronic gaming licensees A
25licensed owner shall keep his books and records so as to

 

 

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1clearly show the following:
2    (1) The amount received daily from admission fees.
3    (2) The total amount of gross receipts.
4    (3) The total amount of the adjusted gross receipts.
5    (b) Licensed owners and electronic gaming licensees The
6licensed owner shall furnish to the Board reports and
7information as the Board may require with respect to its
8activities on forms designed and supplied for such purpose by
9the Board.
10    (c) The books and records kept by a licensed owner as
11provided by this Section are public records and the
12examination, publication, and dissemination of the books and
13records are governed by the provisions of The Freedom of
14Information Act.
15(Source: P.A. 86-1029.)
 
16    (230 ILCS 10/15)  (from Ch. 120, par. 2415)
17    Sec. 15. Audit of Licensee Operations. Annually, the
18licensed owner, or manager, or electronic gaming licensee shall
19transmit to the Board an audit of the financial transactions
20and condition of the licensee's or manager's total operations.
21Additionally, within 90 days after the end of each quarter of
22each fiscal year, the licensed owner, or manager, or electronic
23gaming licensee shall transmit to the Board a compliance report
24on engagement procedures determined by the Board. All audits
25and compliance engagements shall be conducted by certified

 

 

HB3669- 205 -LRB100 10629 AMC 20852 b

1public accountants selected by the Board. Each certified public
2accountant must be registered in the State of Illinois under
3the Illinois Public Accounting Act. The compensation for each
4certified public accountant shall be paid directly by the
5licensed owner, or manager, or electronic gaming licensee to
6the certified public accountant.
7(Source: P.A. 96-1392, eff. 1-1-11.)
 
8    (230 ILCS 10/17.1)  (from Ch. 120, par. 2417.1)
9    Sec. 17.1. Judicial Review.
10    (a) Jurisdiction and venue for the judicial review of a
11final order of the Board relating to licensed owners,
12suppliers, electronic gaming licensees, and or special event
13licenses is vested in the Appellate Court of the judicial
14district in which Sangamon County is located. A petition for
15judicial review of a final order of the Board must be filed in
16the Appellate Court, within 35 days from the date that a copy
17of the decision sought to be reviewed was served upon the party
18affected by the decision.
19    (b) Judicial review of all other final orders of the Board
20shall be conducted in accordance with the Administrative Review
21Law.
22(Source: P.A. 88-1.)
 
23    (230 ILCS 10/18)  (from Ch. 120, par. 2418)
24    Sec. 18. Prohibited Activities - Penalty.

 

 

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1    (a) A person is guilty of a Class A misdemeanor for doing
2any of the following:
3        (1) Conducting gambling where wagering is used or to be
4    used without a license issued by the Board.
5        (2) Conducting gambling where wagering is permitted
6    other than in the manner specified by Section 11.
7    (b) A person is guilty of a Class B misdemeanor for doing
8any of the following:
9        (1) permitting a person under 21 years to make a wager;
10    or
11        (2) violating paragraph (12) of subsection (a) of
12    Section 11 of this Act.
13    (c) A person wagering or accepting a wager at any location
14outside the riverboat or electronic gaming facility in
15violation of paragraph is subject to the penalties in
16paragraphs (1) or (2) of subsection (a) of Section 28-1 of the
17Criminal Code of 2012 is subject to the penalties provided in
18that Section.
19    (d) A person commits a Class 4 felony and, in addition,
20shall be barred for life from gambling operations riverboats
21under the jurisdiction of the Board, if the person does any of
22the following:
23        (1) Offers, promises, or gives anything of value or
24    benefit to a person who is connected with a riverboat owner
25    or electronic gaming licensee, including, but not limited
26    to, an officer or employee of a licensed owner, electronic

 

 

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1    gaming licensee, or holder of an occupational license
2    pursuant to an agreement or arrangement or with the intent
3    that the promise or thing of value or benefit will
4    influence the actions of the person to whom the offer,
5    promise, or gift was made in order to affect or attempt to
6    affect the outcome of a gambling game, or to influence
7    official action of a member of the Board.
8        (2) Solicits or knowingly accepts or receives a promise
9    of anything of value or benefit while the person is
10    connected with a riverboat or electronic gaming facility,
11    including, but not limited to, an officer or employee of a
12    licensed owner or electronic gaming licensee, or the holder
13    of an occupational license, pursuant to an understanding or
14    arrangement or with the intent that the promise or thing of
15    value or benefit will influence the actions of the person
16    to affect or attempt to affect the outcome of a gambling
17    game, or to influence official action of a member of the
18    Board.
19        (3) Uses or possesses with the intent to use a device
20    to assist:
21            (i) In projecting the outcome of the game.
22            (ii) In keeping track of the cards played.
23            (iii) In analyzing the probability of the
24        occurrence of an event relating to the gambling game.
25            (iv) In analyzing the strategy for playing or
26        betting to be used in the game except as permitted by

 

 

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1        the Board.
2        (4) Cheats at a gambling game.
3        (5) Manufactures, sells, or distributes any cards,
4    chips, dice, game or device which is intended to be used to
5    violate any provision of this Act.
6        (6) Alters or misrepresents the outcome of a gambling
7    game on which wagers have been made after the outcome is
8    made sure but before it is revealed to the players.
9        (7) Places a bet after acquiring knowledge, not
10    available to all players, of the outcome of the gambling
11    game which is subject of the bet or to aid a person in
12    acquiring the knowledge for the purpose of placing a bet
13    contingent on that outcome.
14        (8) Claims, collects, or takes, or attempts to claim,
15    collect, or take, money or anything of value in or from the
16    gambling games, with intent to defraud, without having made
17    a wager contingent on winning a gambling game, or claims,
18    collects, or takes an amount of money or thing of value of
19    greater value than the amount won.
20