Illinois General Assembly - Full Text of SB1849
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Full Text of SB1849  97th General Assembly

SB1849ham003 97TH GENERAL ASSEMBLY

Rep. Lou Lang

Filed: 11/9/2011

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1849

2    AMENDMENT NO. ______. Amend Senate Bill 1849, AS AMENDED,
3with reference to page and line numbers of House Amendment No.
42 as follows:
 
5on page 81, line 3, after "for", by inserting "operational";
6and
 
7on page 84, line 3, after "County", by inserting ", including,
8but not limited to, track surfaces (main track and practice
9track), grandstands, audio and visual systems, paddocks and
10barns and associated surface areas, restroom facilities on the
11backstretch, and roadway surfaces around the racing facility";
12and
 
13on page 84, line 5, after the period, by inserting "Such amount
14shall not be less than $10,000,000 annually."; and
 

 

 

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1on page 84, line 17, by deleting "solely"; and
 
2on page 84, line 20, after the period, by inserting
3"Additionally, the first $5,000,000 of deposits into the Fund
4shall be used for promotional costs associated with the
5Illinois State Fairgrounds in Sangamon County."; and
 
6by replacing line 2 on page 143 through line 11 on page 144
7with the following:
8    "(e-1) In awarding standardbred racing dates for calendar
9year 2013 and thereafter, the Board shall award at least 310
10racing days, and each organization licensee shall average at
11least 12 races for each racing day awarded. The Board shall
12have the discretion to allocate those racing days among
13organization licensees requesting standardbred racing dates.
14Once awarded by the Board, organization licensees awarded
15standardbred racing dates shall run at least 3,500 races in
16total during that calendar year. Standardbred racing conducted
17in Sangamon County shall not be considered races under this
18subsection (e-1).
19    (e-2) In awarding racing dates for calendar year 2013 and
20thereafter, the Board shall award thoroughbred racing days to
21Cook County organization licensees commensurate with these
22organization licensees' requirement that they shall run at
23least 1,950 thoroughbred races in the aggregate, so long as 2
24organization licensees are conducting electronic gaming

 

 

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1operations. Additionally, if the organization licensees that
2run thoroughbred races in Cook County are conducting electronic
3gaming operations, the Board shall increase the number of
4thoroughbred races to be run in Cook County in the aggregate to
5at least the following:
6        (i) 2,050 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 racetracks total in excess of
10    $200,000,000, but do not exceed $250,000,000;
11        (ii) 2,125 races in any year following the most recent
12    preceding complete calendar year when the combined
13    adjusted gross receipts of the electronic gaming licensees
14    operating at Cook County racetracks total in excess of
15    $250,000,000, but do not exceed $300,000,000;
16        (iii) 2,200 races in any year following the most recent
17    preceding complete calendar year when the combined
18    adjusted gross receipts of the electronic gaming licensees
19    operating at Cook County racetracks total in excess of
20    $300,000,000, but do not exceed $350,000,000;
21        (iv) 2,300 races in any year following the most recent
22    preceding complete calendar year when the combined
23    adjusted gross receipts of the electronic gaming licensees
24    operating at Cook County racetracks total in excess of
25    $350,000,000, but do not exceed $400,000,000;
26        (v) 2,375 races in any year following the most recent

 

 

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1    preceding complete calendar year when the combined
2    adjusted gross receipts of the electronic gaming licensees
3    operating at Cook County racetracks total in excess of
4    $400,000,000, but do not exceed $450,000,000;
5        (vi) 2,450 races in any year following the most recent
6    preceding complete calendar year when the combined
7    adjusted gross receipts of the electronic gaming licensees
8    operating at Cook County racetracks total in excess of
9    $450,000,000, but do not exceed $500,000,000; and
10        (vii) 2,550 races in any year following the most recent
11    preceding complete calendar year when the combined
12    adjusted gross receipts of the electronic gaming licensees
13    operating at Cook County racetracks exceeds $500,000,000.
14    In awarding racing dates under this subsection (e-2), the
15Board shall have the discretion to allocate those thoroughbred
16racing dates among these Cook County organization licensees.
17    (e-3) In awarding racing dates for calendar year 2013 and
18thereafter in connection with a race track in Madison County,
19the Board shall award racing dates and such organization
20licensee shall run at least 700 thoroughbred races at the race
21track in Madison County each year.
22    Notwithstanding Section 7.6 of the Illinois Gambling Act or
23any provision of this Act other than subsection (e-4.5), for
24each calendar year for which an electronic gaming licensee
25located in Madison County requests racing dates resulting in
26less than 700 live thoroughbred races at its race track

 

 

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1facility, the electronic gaming licensee may not conduct
2electronic gaming for the calendar year of such requested live
3races.
4    (e-4) Notwithstanding the provisions of Section 7.6 of the
5Illinois Gambling Act or any provision of this Act other than
6subsections (e-3) and (e-4.5), for each calendar year for which
7an electronic gaming licensee requests racing dates for a
8specific horse breed which results in a number of live races
9for that specific breed under its organization license that is
10less than the total number of live races for that specific
11breed which it conducted in 2011 for standardbred racing and in
122009 for thoroughbred racing at its race track facility, the
13electronic gaming licensee may not conduct electronic gaming
14for the calendar year of such requested live races.
15    (e-4.5) The Board shall ensure that each organization
16licensee shall individually run a sufficient number of races
17per year to qualify for an electronic gaming license under this
18Act. The General Assembly finds that the minimum live racing
19guarantees contained in subsections (e-1), (e-2), and (e-3) are
20in the best interest of the sport of horse racing, and that
21such guarantees may only be reduced in the limited
22circumstances described in this subsection. The Board may
23decrease the number of racing days without affecting an
24organization licensee's ability to conduct electronic gaming
25only if the Board determines, after notice and hearing, that:
26        (i) a decrease is necessary to maintain a sufficient

 

 

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

 

 

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1Racing Board member or staff that does not take place at a
2public meeting of the Board."; and
 
3on page 241, line 12, by replacing "Gaming" with "Gambling";
4and
 
5on page 242, lines 11 and 23, by replacing "owners or trainers"
6each time it appears with "owners and trainers"; and
 
7on page 243, line 9, by replacing "owners or trainers" with
8"owners and trainers"; and
 
9on page 245, by deleting lines 13 through 22; and
 
10by replacing line 6 on page 246 through line 2 on page 247 with
11the following:
 
12    "(230 ILCS 10/2)  (from Ch. 120, par. 2402)
13    Sec. 2. Legislative Intent.
14    (a) This Act is intended to benefit the people of the State
15of Illinois by assisting economic development, and promoting
16Illinois tourism and agriculture, assisting conservation and
17forestry programs, funding programs that assist the people of
18the State of Illinois during difficult economic conditions, and
19by increasing the amount of revenues available to the State to
20assist and support education, and by supporting programs that

 

 

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1enhance the beauty of the State and its parks, rivers, forest
2preserves, and botanic gardens.
3    (b) While authorization of riverboat and casino gambling
4will enhance investment, beautification, development and
5tourism in Illinois, it is recognized that it will do so
6successfully only if public confidence and trust in the
7credibility and integrity of the gambling operations and the
8regulatory process is maintained. Therefore, regulatory
9provisions of this Act are designed to strictly regulate the
10facilities, persons, associations and practices related to
11gambling operations pursuant to the police powers of the State,
12including comprehensive law enforcement supervision.
13    (c) The Illinois Gaming Board established under this Act
14should, as soon as possible, inform each applicant for an
15owners license of the Board's intent to grant or deny a
16license.
17(Source: P.A. 93-28, eff. 6-20-03.)"; and
 
18on page 280, line 11, after "locations", by inserting "and
19those obtained by owners licensees conducting gaming
20operations on the effective date of this amendatory Act of the
2197th General Assembly"; and
 
22on page 299, line 20, after the period, by inserting "Nothing
23in this paragraph shall prevent an owners licensee from
24immediately having up to 1,600 gaming positions in operation on

 

 

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1the effective date of this amendatory Act of the 97th General
2Assembly upon receipt of the required payment for the gaming
3positions."; and
 
4on page 300, line 5, after "paid.", by inserting "The Board
5may, after holding a public hearing, grant extensions so long
6as a licensed owner 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, a licensed owner
9has not made the positions operational, then another public
10hearing must be held by the Board before it may grant another
11extension."; and
 
12on page 301, immediately below line 1, by inserting the
13following:
14    "Unreserved gaming positions retained from and allocated
15to owners licensees by the Board pursuant to this subsection
16(h-10) shall not be allocated to electronic gaming licensees
17pursuant to subsection (e) of Section 7.6 of this Act."; and
 
18on page 308, line 17, after "year", by inserting "or for a
19licensee that is only authorized 350 gaming positions pursuant
20to subsection (d) of Section 7.6 of this Act, 96 live races per
21year until such time as the total number of gaming positions is
22increased to 900"; and
 

 

 

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1on page 309, line 8, by replacing "license" with "licensee";
2and
 
3on page 309, line 22, after "County", by inserting "whose
4electronic gaming license originates with an organization
5licensee"; and
 
6on page 309, line 24, after "County", by inserting "whose
7electronic gaming license originates with an organization
8licensee"; and
 
9on page 309, line 26, after "licensee", by inserting "whose
10electronic gaming license originates with an organization
11licensee"; and
 
12on page 310, line 3, by replacing "license conducted 25" with
13"licensee conducted 96"; and
 
14on page 310, by replacing lines 5 through 20 with the
15following:
16    "(e) Each applicant for an electronic gaming license shall
17specify in its application for licensure the number of gaming
18positions it will operate, up to the applicable limitation set
19forth in subsection (d) of this Section. Any unreserved gaming
20positions that are not specified shall be forfeited and
21retained by the Board. For the purposes of this subsection (e),

 

 

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1an electronic gaming licensee that did not conduct live racing
2in 2010 may reserve up to 900 positions and shall not be
3penalized under this Section for not operating those positions
4until it meets the requirements of subsection (d) of this
5Section, but such licensee shall not request unreserved gaming
6positions under this subsection (e) until its 900 positions are
7all operational.
8    Thereafter, the Board shall offer any unreserved gaming
9positions in equal amounts to electronic gaming licensees, or
10applicants therefor, that have purchased all of the positions
11that were offered. This process shall continue until all
12unreserved gaming positions have been purchased. All positions
13obtained pursuant to this process and all positions the
14electronic gaming licensee specified it would operate in its
15application must be in operation within 18 months after they
16were obtained or the electronic gaming licensee forfeits the
17right to operate those positions, but is not entitled to a
18refund of any fees paid. The Board may, after holding a public
19hearing, grant extensions so long as the electronic gaming
20licensee is working in good faith to make the positions
21operational. The extension may be for a period of 6 months. If,
22after the period of the extension, the electronic gaming
23licensee has not made the positions operational, then another
24public hearing must be held by the Board before it may grant
25another extension.
26    Unreserved gaming positions retained from and allocated to

 

 

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1electronic gaming licensees by the Board pursuant to this
2subsection (e) shall not be allocated to owners licensees
3pursuant to subsection (h-10) of Section 7 of this Act.
4    For the purpose of this subsection (e), the unreserved
5gaming positions for each electronic gaming licensee shall be
6the applicable limitation set forth in subsection (d) of this
7Section, less the number of reserved gaming positions by such
8electronic gaming licensee, and the total unreserved gaming
9positions shall be the aggregate of the unreserved gaming
10positions for all electronic gaming licensees."; and
 
11on page 341, lines 4 and 5, by replacing "on December 31, 2103"
12with "upon the imposition of the privilege tax under subsection
13(a-5) of this Section"; and
 
14on page 341, line 26, by replacing "January 1, 2014" with "the
15date when at least 500 additional gaming positions authorized
16by this amendatory Act of the 97th General Assembly are being
17used to conduct gambling operations"; and
 
18on page 342, immediately below line 25, by inserting the
19following:
20    "For the imposition of the privilege tax in this subsection
21(a-4), amounts paid pursuant to item (1) of subsection (b) of
22Section 56 of the Illinois Horse Racing Act of 1975 shall not
23be included in the determination of adjusted gross receipts.";

 

 

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1and
 
2on page 344, line 16, by replacing "subsection" with
3"subsections (a-4) and"; and
 
4on page 344, line 26, by replacing "subsection" with
5"subsections (a-4) and"; and
 
6on page 352, line 20, by replacing "$5,000,000" with
7"$6,000,000"; and
 
8on page 353, line 4, after "$100,000" by inserting ", except
9for an annual grant of $1,000,000 that shall be made to the
10Illinois Standardbred Breeders Fund and used for Illinois-bred
11harness racing purses and the Illinois State Fair race track.";
12and
 
13on page 354, line 3, by replacing "$10,000,000" with
14"$12,500,000"; and
 
15on page 354, line 5, by replacing "$1,000,000" with
16"$1,500,000"; and
 
17on page 354, line 7, by replacing "$2,500,000" with
18"$3,000,000"; and
 

 

 

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1on page 354, line 10, by replacing "$2,500,000" with
2"$3,000,000"; and
 
3on page 354, line 12, by replacing "$4,000,000" with
4"$5,000,000"; and
 
5on page 354, line 14, by replacing "$1,000,000" with
6"$6,000,000"; and
 
7on page 365, immediately below line 19, by inserting the
8following:
 
9    "Section 90-42. The Video Gaming Act is amended by changing
10Section 78 as follows:
 
11    (230 ILCS 40/78)
12    Sec. 78. Authority of the Illinois Gaming Board.
13    (a) The Board shall have jurisdiction over and shall
14supervise all gaming operations governed by this Act. The Board
15shall have all powers necessary and proper to fully and
16effectively execute the provisions of this Act, including, but
17not limited to, the following:
18        (1) To investigate applicants and determine the
19    eligibility of applicants for licenses and to select among
20    competing applicants the applicants which best serve the
21    interests of the citizens of Illinois.

 

 

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1        (2) To have jurisdiction and supervision over all video
2    gaming operations in this State and all persons in
3    establishments where video gaming operations are
4    conducted.
5        (3) To adopt rules for the purpose of administering the
6    provisions of this Act and to prescribe rules, regulations,
7    and conditions under which all video gaming in the State
8    shall be conducted. Such rules and regulations are to
9    provide for the prevention of practices detrimental to the
10    public interest and for the best interests of video gaming,
11    including rules and regulations regarding the inspection
12    of such establishments and the review of any permits or
13    licenses necessary to operate an establishment under any
14    laws or regulations applicable to establishments and to
15    impose penalties for violations of this Act and its rules.
16    (b) The Board shall adopt emergency rules to administer
17this Act in accordance with Section 5-45 of the Illinois
18Administrative Procedure Act. For the purposes of the Illinois
19Administrative Procedure Act, the General Assembly finds that
20the adoption of rules to implement this Act is deemed an
21emergency and necessary to the public interest, safety, and
22welfare.
23    (c) Within 120 days after the effective date of this
24amendatory Act of the 97th General Assembly, the Board shall
25select and execute a contract with a vendor for the central
26communications system and make applications for licensed

 

 

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1establishments, licensed fraternal establishments, licensed
2veterans establishments, and licensed truck stop
3establishments available for potential applicants. The Board
4shall make every reasonable effort to ensure that video gaming
5operations are being conducted in this State by no later than
6January 1, 2013.
7(Source: P.A. 96-38, eff. 7-13-09; 96-1410, eff. 7-30-10.)".