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Full Text of SB3125  100th General Assembly

SB3125 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB3125

 

Introduced 2/15/2018, by Sen. William E. Brady

 

SYNOPSIS AS INTRODUCED:
 
230 ILCS 5/9  from Ch. 8, par. 37-9
720 ILCS 5/28-1  from Ch. 38, par. 28-1

    Amends the Illinois Horse Racing Act of 1975. Requires the Illinois Racing Board to adopt rules authorizing sports wagering by organization licensees and inter-track wagering location licensees. Makes conforming changes in the Criminal Code of 2012. Effective immediately.


LRB100 18550 SMS 33768 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3125LRB100 18550 SMS 33768 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 Illinois Horse Racing Act of 1975 is amended
5by changing Section 9 as follows:
 
6    (230 ILCS 5/9)  (from Ch. 8, par. 37-9)
7    Sec. 9. The Board shall have all powers necessary and
8proper to fully and effectively execute the provisions of this
9Act, including, but not limited to, the following:
10    (a) The Board is vested with jurisdiction and supervision
11over all race meetings in this State, over all licensees doing
12business in this State, over all occupation licensees, and over
13all persons on the facilities of any licensee. Such
14jurisdiction shall include the power to issue licenses to the
15Illinois Department of Agriculture authorizing the pari-mutuel
16system of wagering on harness and Quarter Horse races held (1)
17at the Illinois State Fair in Sangamon County, and (2) at the
18DuQuoin State Fair in Perry County. The jurisdiction of the
19Board shall also include the power to issue licenses to county
20fairs which are eligible to receive funds pursuant to the
21Agricultural Fair Act, as now or hereafter amended, or their
22agents, authorizing the pari-mutuel system of wagering on horse
23races conducted at the county fairs receiving such licenses.

 

 

SB3125- 2 -LRB100 18550 SMS 33768 b

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

 

 

SB3125- 3 -LRB100 18550 SMS 33768 b

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

 

 

SB3125- 4 -LRB100 18550 SMS 33768 b

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 and to purchase all equipment and supplies deemed
15necessary or desirable in connection with any such testing
16laboratories and related facilities and all such tests.
17    (g) The Board may require that the records, including
18financial or other statements of any licensee or any person
19affiliated with the licensee who is involved directly or
20indirectly in the activities of any licensee as regulated under
21this Act to the extent that those financial or other statements
22relate to such activities be kept in such manner as prescribed
23by the Board, and that Board employees shall have access to
24those records during reasonable business hours. Within 120 days
25of the end of its fiscal year, each licensee shall transmit to
26the Board an audit of the financial transactions and condition

 

 

SB3125- 5 -LRB100 18550 SMS 33768 b

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

 

 

SB3125- 6 -LRB100 18550 SMS 33768 b

1as granted to Board members and Board employees in Section 10
2of this Act.
3    (j) The Board may discharge any Board employee who fails or
4refuses for any reason to comply with the rules and regulations
5of the Board, or who, in the opinion of the Board, is guilty of
6fraud, dishonesty or who is proven to be incompetent. The Board
7shall have no right or power to determine who shall be
8officers, directors or employees of any licensee, or their
9salaries except the Board may, by rule, require that all or any
10officials or employees in charge of or whose duties relate to
11the actual running of races be approved by the Board.
12    (k) The Board is vested with the power to appoint delegates
13to execute any of the powers granted to it under this Section
14for the purpose of administering this Act and any rules or
15regulations promulgated in accordance with this Act.
16    (l) The Board is vested with the power to impose civil
17penalties of up to $5,000 against an individual and up to
18$10,000 against a licensee for each violation of any provision
19of this Act, any rules adopted by the Board, any order of the
20Board or any other action which, in the Board's discretion, is
21a detriment or impediment to horse racing or wagering. All such
22civil penalties shall be deposited into the Horse Racing Fund.
23    (m) The Board is vested with the power to prescribe a form
24to be used by licensees as an application for employment for
25employees of each licensee.
26    (n) The Board shall have the power to issue a license to

 

 

SB3125- 7 -LRB100 18550 SMS 33768 b

1any county fair, or its agent, authorizing the conduct of the
2pari-mutuel system of wagering. The Board is vested with the
3full power to promulgate reasonable rules, regulations and
4conditions under which all horse race meetings licensed
5pursuant to this subsection shall be held and conducted,
6including rules, regulations and conditions for the conduct of
7the pari-mutuel system of wagering. The rules, regulations and
8conditions shall provide for the prevention of practices
9detrimental to the public interest and for the best interests
10of horse racing, and shall prescribe penalties for violations
11thereof. Any authority granted the Board under this Act shall
12extend to its jurisdiction and supervision over county fairs,
13or their agents, licensed pursuant to this subsection. However,
14the Board may waive any provision of this Act or its rules or
15regulations which would otherwise apply to such county fairs or
16their agents.
17    (o) Whenever the Board is authorized or required by law to
18consider some aspect of criminal history record information for
19the purpose of carrying out its statutory powers and
20responsibilities, then, upon request and payment of fees in
21conformance with the requirements of Section 2605-400 of the
22Department of State Police Law (20 ILCS 2605/2605-400), the
23Department of State Police is authorized to furnish, pursuant
24to positive identification, such information contained in
25State files as is necessary to fulfill the request.
26    (p) To insure the convenience, comfort, and wagering

 

 

SB3125- 8 -LRB100 18550 SMS 33768 b

1accessibility of race track patrons, to provide for the
2maximization of State revenue, and to generate increases in
3purse allotments to the horsemen, the Board shall require any
4licensee to staff the pari-mutuel department with adequate
5personnel.
6    (q) The Board shall adopt rules authorizing sports wagering
7by organization licensees and inter-track wagering location
8licensees. For purposes of this subsection (q), "sports
9wagering" means wagering conducted under this Act on athletic
10and sporting events involving human competitors. "Sports
11wagering" does not include pari-mutuel wagering on horse racing
12or money spent to participate in paid fantasy sports.
13(Source: P.A. 97-1060, eff. 8-24-12.)
 
14    Section 10. The Criminal Code of 2012 is amended by
15changing Section 28-1 as follows:
 
16    (720 ILCS 5/28-1)  (from Ch. 38, par. 28-1)
17    Sec. 28-1. Gambling.
18    (a) A person commits gambling when he or she:
19        (1) knowingly plays a game of chance or skill for money
20    or other thing of value, unless excepted in subsection (b)
21    of this Section;
22        (2) knowingly makes a wager upon the result of any
23    game, contest, or any political nomination, appointment or
24    election;

 

 

SB3125- 9 -LRB100 18550 SMS 33768 b

1        (3) knowingly operates, keeps, owns, uses, purchases,
2    exhibits, rents, sells, bargains for the sale or lease of,
3    manufactures or distributes any gambling device;
4        (4) contracts to have or give himself or herself or
5    another the option to buy or sell, or contracts to buy or
6    sell, at a future time, any grain or other commodity
7    whatsoever, or any stock or security of any company, where
8    it is at the time of making such contract intended by both
9    parties thereto that the contract to buy or sell, or the
10    option, whenever exercised, or the contract resulting
11    therefrom, shall be settled, not by the receipt or delivery
12    of such property, but by the payment only of differences in
13    prices thereof; however, the issuance, purchase, sale,
14    exercise, endorsement or guarantee, by or through a person
15    registered with the Secretary of State pursuant to Section
16    8 of the Illinois Securities Law of 1953, or by or through
17    a person exempt from such registration under said Section
18    8, of a put, call, or other option to buy or sell
19    securities which have been registered with the Secretary of
20    State or which are exempt from such registration under
21    Section 3 of the Illinois Securities Law of 1953 is not
22    gambling within the meaning of this paragraph (4);
23        (5) knowingly owns or possesses any book, instrument or
24    apparatus by means of which bets or wagers have been, or
25    are, recorded or registered, or knowingly possesses any
26    money which he has received in the course of a bet or

 

 

SB3125- 10 -LRB100 18550 SMS 33768 b

1    wager;
2        (6) knowingly sells pools upon the result of any game
3    or contest of skill or chance, political nomination,
4    appointment or election;
5        (7) knowingly sets up or promotes any lottery or sells,
6    offers to sell or transfers any ticket or share for any
7    lottery;
8        (8) knowingly sets up or promotes any policy game or
9    sells, offers to sell or knowingly possesses or transfers
10    any policy ticket, slip, record, document or other similar
11    device;
12        (9) knowingly drafts, prints or publishes any lottery
13    ticket or share, or any policy ticket, slip, record,
14    document or similar device, except for such activity
15    related to lotteries, bingo games and raffles authorized by
16    and conducted in accordance with the laws of Illinois or
17    any other state or foreign government;
18        (10) knowingly advertises any lottery or policy game,
19    except for such activity related to lotteries, bingo games
20    and raffles authorized by and conducted in accordance with
21    the laws of Illinois or any other state;
22        (11) knowingly transmits information as to wagers,
23    betting odds, or changes in betting odds by telephone,
24    telegraph, radio, semaphore or similar means; or knowingly
25    installs or maintains equipment for the transmission or
26    receipt of such information; except that nothing in this

 

 

SB3125- 11 -LRB100 18550 SMS 33768 b

1    subdivision (11) prohibits transmission or receipt of such
2    information for use in news reporting of sporting events or
3    contests; or
4        (12) knowingly establishes, maintains, or operates an
5    Internet site that permits a person to play a game of
6    chance or skill for money or other thing of value by means
7    of the Internet or to make a wager upon the result of any
8    game, contest, political nomination, appointment, or
9    election by means of the Internet. This item (12) does not
10    apply to activities referenced in items (6) and (6.1) of
11    subsection (b) of this Section.
12    (b) Participants in any of the following activities shall
13not be convicted of gambling:
14        (1) Agreements to compensate for loss caused by the
15    happening of chance including without limitation contracts
16    of indemnity or guaranty and life or health or accident
17    insurance.
18        (2) Offers of prizes, award or compensation to the
19    actual contestants in any bona fide contest for the
20    determination of skill, speed, strength or endurance or to
21    the owners of animals or vehicles entered in such contest.
22        (3) Pari-mutuel betting as authorized by the law of
23    this State.
24        (4) Manufacture of gambling devices, including the
25    acquisition of essential parts therefor and the assembly
26    thereof, for transportation in interstate or foreign

 

 

SB3125- 12 -LRB100 18550 SMS 33768 b

1    commerce to any place outside this State when such
2    transportation is not prohibited by any applicable Federal
3    law; or the manufacture, distribution, or possession of
4    video gaming terminals, as defined in the Video Gaming Act,
5    by manufacturers, distributors, and terminal operators
6    licensed to do so under the Video Gaming Act.
7        (5) The game commonly known as "bingo", when conducted
8    in accordance with the Bingo License and Tax Act.
9        (6) Lotteries when conducted by the State of Illinois
10    in accordance with the Illinois Lottery Law. This exemption
11    includes any activity conducted by the Department of
12    Revenue to sell lottery tickets pursuant to the provisions
13    of the Illinois Lottery Law and its rules.
14        (6.1) The purchase of lottery tickets through the
15    Internet for a lottery conducted by the State of Illinois
16    under the program established in Section 7.12 of the
17    Illinois Lottery Law.
18        (7) Possession of an antique slot machine that is
19    neither used nor intended to be used in the operation or
20    promotion of any unlawful gambling activity or enterprise.
21    For the purpose of this subparagraph (b)(7), an antique
22    slot machine is one manufactured 25 years ago or earlier.
23        (8) Raffles and poker runs when conducted in accordance
24    with the Raffles and Poker Runs Act.
25        (9) Charitable games when conducted in accordance with
26    the Charitable Games Act.

 

 

SB3125- 13 -LRB100 18550 SMS 33768 b

1        (10) Pull tabs and jar games when conducted under the
2    Illinois Pull Tabs and Jar Games Act.
3        (11) Gambling games conducted on riverboats when
4    authorized by the Riverboat Gambling Act.
5        (12) Video gaming terminal games at a licensed
6    establishment, licensed truck stop establishment, licensed
7    fraternal establishment, or licensed veterans
8    establishment when conducted in accordance with the Video
9    Gaming Act.
10        (13) Games of skill or chance where money or other
11    things of value can be won but no payment or purchase is
12    required to participate.
13        (14) Savings promotion raffles authorized under
14    Section 5g of the Illinois Banking Act, Section 7008 of the
15    Savings Bank Act, Section 42.7 of the Illinois Credit Union
16    Act, Section 5136B of the National Bank Act (12 U.S.C.
17    25a), or Section 4 of the Home Owners' Loan Act (12 U.S.C.
18    1463).
19        (15) Sports wagering conducted in accordance with
20    Section 9 of the Illinois Horse Racing Act of 1975.
21    (c) Sentence.
22    Gambling is a Class A misdemeanor. A second or subsequent
23conviction under subsections (a)(3) through (a)(12), is a Class
244 felony.
25    (d) Circumstantial evidence.
26    In prosecutions under this Section circumstantial evidence

 

 

SB3125- 14 -LRB100 18550 SMS 33768 b

1shall have the same validity and weight as in any criminal
2prosecution.
3(Source: P.A. 98-644, eff. 6-10-14; 99-149, eff. 1-1-16.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.