State of Illinois
91st General Assembly
Legislation

   [ Search ]   [ Legislation ]
[ Home ]   [ Back ]   [ Bottom ]

91_SB1017enr

 
SB1017 Enrolled                                LRB9105678LDmb

 1        AN ACT in relation to gambling, amending named Acts.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The State Finance Act is  amended  by  adding
 5    Sections 5.490, 5.491, and 5.492 as follows:

 6        (30 ILCS 105/5.490 new)
 7        Sec. 5.490.  The Horse Racing Equity Fund.

 8        (30 ILCS 105/5.491 new)
 9        Sec.  5.491.   The  Illinois Racing Quarterhorse Breeders
10    Fund.

11        (30 ILCS 105/5.492 new)
12        Sec. 5.492.  The Horse Racing Fund.

13        Section 10. The Illinois Horse  Racing  Act  of  1975  is
14    amended by changing Sections 3.04, 3.075, 14, 15, 18, 20, 21,
15    26,  26.1,  27, 27.1, 28, 29, and 30 and adding Sections 1.2,
16    1.3, 20.1, 28.1, 30.5, 32.1, 54, and 55 as follows:

17        (230 ILCS 5/1.2 new)
18        Sec. 1.2.  Legislative intent. This Act  is  intended  to
19    benefit  the  people  of  the  State of Illinois by assisting
20    economic development  and  promoting  Illinois  tourism.  The
21    General  Assembly  finds  and  declares  it  to be the public
22    policy of the State of Illinois to:
23        (a)  support and enhance Illinois' horse racing industry,
24    which is a  significant  component  within  the  agribusiness
25    industry;
26        (b)  ensure  that Illinois' horse racing industry remains
27    competitive with neighboring states;
 
SB1017 Enrolled            -2-                 LRB9105678LDmb
 1        (c)  stimulate  growth  within  Illinois'  horse   racing
 2    industry,  thereby encouraging new investment and development
 3    to produce additional tax revenues and to  create  additional
 4    jobs;
 5        (d)  promote the further growth of tourism;
 6        (e)  encourage   the   breeding   of   thoroughbred   and
 7    standardbred horses in this State; and
 8        (f)  ensure  that  public  confidence  and  trust  in the
 9    credibility  and  integrity  of  racing  operations  and  the
10    regulatory process is maintained.

11        (230 ILCS 5/1.3 new)
12        Sec. 1.3.  Legislative findings.
13        (a)  The General Assembly finds that the Illinois  gaming
14    industry  is a single industry consisting of horse racing and
15    riverboat  gambling.   Reports  issued  by  the   legislative
16    Economic  and  Fiscal Commission in 1992, 1994, and 1998 have
17    found that horse racing and riverboat gambling:
18             (1)  "share many of the  same  characteristics"  and
19        are "more alike than different";
20             (2)  are planned events;
21             (3)  have similar odds of winning;
22             (4)  occur in similar settings; and
23             (5)  compete  with  each  other  for  limited gaming
24        dollars.
25        (b)  The General Assembly declares it to  be  the  public
26    policy  of  this  State to ensure the viability of both horse
27    racing and riverboat aspects of the Illinois gaming industry.
28    

29        (230 ILCS 5/3.04) (from Ch. 8, par. 37-3.04)
30        Sec. 3.04. "Director of  mutuels"  means  the  individual
31    representing the Board in the supervision and verification of
32    the  pari-mutuel  wagering  pool  totals for each racing day,
 
SB1017 Enrolled            -3-                 LRB9105678LDmb
 1    which verification shall be the  basis  for  computing  State
 2    privilege  or  pari-mutuel  taxes,  licensee  commissions and
 3    purses.
 4    (Source: P.A. 89-16, eff. 5-30-95.)

 5        (230 ILCS 5/3.075)
 6        Sec. 3.075.  (a)  "Host  track"  means  the  organization
 7    licensee  (i) conducting live thoroughbred racing between the
 8    hours of 6:30 a.m. and 6:30 p.m. from the first  day  to  the
 9    last  day  of  its  horse racing meet as awarded by the Board
10    (including all days within that period when  no  live  racing
11    occurs),  except as otherwise provided in subsections (c) and
12    (e) of this Section, or  (ii)  conducting  live  standardbred
13    racing  between  the  hours  of 6:30 p.m. to 6:30 a.m. of the
14    following day from the first day to the last day of its horse
15    racing meet as awarded  by  the  Board  (including  all  days
16    within  that  period  when  no  live racing occurs, except as
17    otherwise provided in subsections (b), (d), and (e)  of  this
18    Section);  provided  that  the organization licensee conducts
19    live racing no fewer than 5 days per week with no fewer  than
20    9  races  per day, unless a lesser schedule of live racing is
21    the result of (1) weather, unsafe track conditions, or  other
22    acts  of  God;  (2)  an  agreement  between  the organization
23    licensee and the associations representing the largest number
24    of owners, trainers, and standardbred drivers who race horses
25    at  that  organization  licensee's  race  meeting,  with  the
26    Board's consent; or (3) a  decision  by  the  Board  after  a
27    public  hearing  (in  which the associations representing the
28    owners, trainers, jockeys, or standardbred drivers  who  race
29    horses  at  that  organization  licensee's race meeting shall
30    participate) either at the time racing dates are  awarded  or
31    after  those  dates  are  awarded  due  to  changed financial
32    circumstances, upon a written petition from the  organization
33    licensee,   accompanied   by  supporting  financial  data  as
 
SB1017 Enrolled            -4-                 LRB9105678LDmb
 1    requested  by  the  Board,  stating  that  the   organization
 2    licensee has and will continue to incur significant financial
 3    losses.  No organization licensee conducting its race meeting
 4    in  a  county  bordering  the  Mississippi River and having a
 5    population greater than 230,000 may be a host track  for  its
 6    race meeting.
 7        (b)  (Blank).    Notwithstanding    the   provisions   of
 8    subsection (a) of this  Section,  any  organization  licensee
 9    that  conducts  a standardbred race meeting fewer than 5 days
10    per week between the hours of 6:30 p.m. and 6:30  a.m.  prior
11    to  December  31,  1995 in a county with a population of less
12    than 1,000,000 and contiguous to the State of Indiana may  be
13    deemed  a host track during those hours on days when no other
14    organization  licensee  is  conducting  a  standardbred  race
15    meeting during those hours.
16        (c)  (Blank). In the event 2 organization  licensees  are
17    conducting  thoroughbred  race  meetings concurrently between
18    the hours of  6:30  a.m.  and  6:30  p.m.,  the  organization
19    licensee  with  the most race dates between the hours of 6:30
20    a.m. and 6:30 p.m. awarded by the Board for that  year  shall
21    be designated the host track.
22        (d)  Notwithstanding  the provisions of subsection (a) of
23    this Section and except as otherwise provided  in  subsection
24    (e)  of  this  Section,  in  the  event  that  2 organization
25    licensees   conduct   their   standardbred   race    meetings
26    concurrently  on  any date after January 1, 1996, between the
27    hours of 6:30 p.m. and 6:30 a.m., the  organization  licensee
28    awarded the most racing dates between 6:30 p.m. and 6:30 a.m.
29    during  the  calendar  year  in  which that concurrent racing
30    occurs will be deemed the host track,  provided  that  the  2
31    organization licensees collectively conduct live standardbred
32    racing  between  6:30  p.m.  and 6:30 a.m. during the week in
33    which concurrent race meetings occur no less than 5 days  per
34    week  with no less than 9 races per day.  During each week of
 
SB1017 Enrolled            -5-                 LRB9105678LDmb
 1    the calendar year  in  which  2  organization  licensees  are
 2    conducting  live standardbred race meetings between 6:30 p.m.
 3    and 6:30 a.m., if there is any day in that week on which only
 4    one organization licensee is conducting a  standardbred  race
 5    meeting  between  6:30  p.m. and 6:30 a.m., that organization
 6    licensee  shall  be  the  host  track  provided  that  the  2
 7    organization licensees collectively conduct live standardbred
 8    racing between 6:30 p.m. and 6:30 a.m.  during  the  week  in
 9    which  concurrent race meetings occur no less than 5 days per
10    week with no less than 9 races per day.  During each week  of
11    the  calendar  year  in  which  2  organization licensees are
12    concurrently conducting live standardbred  race  meetings  on
13    one or more days between 6:30 p.m. and 6:30 a.m., if there is
14    any  day  in  that  week on which no organization licensee is
15    conducting a standardbred race meeting between 6:30 p.m.  and
16    6:30   a.m.,   the   organization   licensee   conducting   a
17    standardbred  race  meeting  during that week and time period
18    that has been  awarded  the  most  racing  dates  during  the
19    calendar  year  between  6:30 p.m. and 6:30 a.m. shall be the
20    host  track,  provided  that  the  2  organization  licensees
21    collectively conduct live standardbred  racing  between  6:30
22    p.m.  and  6:30 a.m. during the week in which concurrent race
23    meetings occur no less than 5 days per week with no less than
24    9 races per day.  The requirement in this subsection (d) that
25    live racing be conducted no less than 5 days per week with no
26    less than 9 races per day shall be subject to exceptions  set
27    forth in items (1), (2), and (3) of subsection (a) of Section
28    3.075.
29        (e)  During  any calendar period in which no organization
30    licensee has been awarded a thoroughbred  race  meeting,  the
31    host  track,  between the hours of 6:30 a.m. and 6:30 p.m. of
32    such period, shall be an organization licensee determined  by
33    the  Board,  provided  the  organization  licensee  has  been
34    awarded  a  thoroughbred race meeting in the current year and
 
SB1017 Enrolled            -6-                 LRB9105678LDmb
 1    is eligible to be  a  host  track.  During  the  period  from
 2    January  1  to the third Friday in February, inclusive, if no
 3    live thoroughbred racing is occurring in Illinois,  the  host
 4    track  between  6:30 a.m. and 6:30 p.m. during this period of
 5    the year from the first day to  the  last  day  of  its  race
 6    meeting  including  all  days  when  it does not conduct live
 7    racing between 6:30 a.m. and 6:30 p.m.  is  the  organization
 8    licensee  that conducts live standardbred racing between 6:30
 9    a.m. and 6:30 p.m. during the week in which its race  meeting
10    occurs, provided that the organization licensee conducts live
11    standardbred racing no less than 5 days per week with no less
12    than  9  races  per  day.  If  2  organization  licensees are
13    conducting standardbred race meetings concurrently on any day
14    or on different days within the same week between  the  hours
15    of  6:30  a.m. and 6:30 p.m. during the period from January 1
16    to the third  Friday  in  February,  inclusive,  if  no  live
17    thoroughbred  racing  is  occurring  in  Illinois during this
18    period, the host track shall  be  the  organization  licensee
19    with  the  most  race dates awarded by the Board between 6:30
20    a.m. and 6:30 p.m. for this period and shall  be  deemed  the
21    host  track  from  the  first day to the last day of its race
22    meeting during this period  including  all  days  within  the
23    period  when  no  live  racing  occurs,  provided  that the 2
24    organization licensees collectively conduct live standardbred
25    racing between 6:30 a.m. and 6:30 p.m.  during  the  week  in
26    which  concurrent race meetings occur no less than 5 days per
27    week with no less than 9 races per day.   If  2  organization
28    licenses    are   conducting   standardbred   race   meetings
29    concurrently on any day between the hours of  6:30  p.m.  and
30    6:30  a.m.  of  January  1  to  the third Friday in February,
31    inclusive, the host track shall be the organization  licensee
32    with  the  most  race dates awarded by the Board between 6:30
33    p.m. and 6:30 a.m. during this period, provided  that  the  2
34    organization licensees collectively conduct live standardbred
 
SB1017 Enrolled            -7-                 LRB9105678LDmb
 1    racing  between  6:30  p.m.  and 6:30 a.m. during the week in
 2    which concurrent race meetings occur no less than 5 days  per
 3    week  with  no less than 9 races per day.  The requirement in
 4    this subsection (e) that live racing  be  conducted  no  less
 5    than  5 days per week with no less than 9 races per day shall
 6    be subject to exceptions set forth in subsections  (1),  (2),
 7    and (3) of subsection (a) of Section 3.075.
 8    (Source: P.A. 89-16, eff. 5-30-95.)

 9        (230 ILCS 5/14) (from Ch. 8, par. 37-14)
10        Sec.  14.  (a)  The  Board shall hold regular and special
11    meetings at such times and places  as  may  be  necessary  to
12    perform  properly  and  effectively all duties required under
13    this Act.  A majority of  the  members  of  the  Board  shall
14    constitute  a quorum for the transaction of any business, for
15    the performance of any duty, or for the exercise of any power
16    which this  Act  requires  the  Board  members  to  transact,
17    perform  or  exercise  en banc, except that upon order of the
18    Board one of the  Board   members  may  conduct  the  hearing
19    provided  in  Section  16.  The  Board member conducting such
20    hearing shall have all powers and rights granted to the Board
21    in this Act.   The  record  made  at  the  hearing  shall  be
22    reviewed  by  the  Board,  or  a  majority  thereof,  and the
23    findings and decision of the  majority  of  the  Board  shall
24    constitute the order of the Board in such case.
25        (b)  The  Board shall obtain a court reporter who will be
26    present at  each regular and special meeting  and  proceeding
27    and  who  shall  make  accurate transcriptions thereof except
28    that when in the judgment of the Board an emergency situation
29    requires a meeting by teleconference, the executive  director
30    shall  prepare minutes of the meeting indicating the date and
31    time of the meeting and  which  members  of  the  Board  were
32    present   or   absent,   summarizing  all  matters  proposed,
33    deliberated, or decided at the meeting,  and  indicating  the
 
SB1017 Enrolled            -8-                 LRB9105678LDmb
 1    results  of  all votes taken.  The public shall be allowed to
 2    listen to the proceedings of that meeting at all Board branch
 3    offices.
 4        (c)  The Board shall provide records which  are  separate
 5    and    distinct  from the records of any other State board or
 6    commission.  Such  records  shall  be  available  for  public
 7    inspection   and   shall   accurately   reflect   all   Board
 8    proceedings.
 9        (d)  The Board shall file a written  annual  report  with
10    the  Governor  on  or  before  March  1  each  year  and such
11    additional reports as the Governor may request.   The  annual
12    report   shall   include   a   statement   of   receipts  and
13    disbursements by the Board, actions taken  by  the  Board,  a
14    report   on   the   industry's  progress  toward  the  policy
15    objectives established in Section 1.2 of this  Act,  and  any
16    additional  information  and  recommendations which the Board
17    may deem valuable or which the Governor may request.
18        (e)  The Board shall maintain  a  branch  office  on  the
19    ground of every organization licensee during the organization
20    licensee's  race  meeting,  which  office  shall be kept open
21    throughout the time the race  meeting  is  held.   The  Board
22    shall  designate  one of its members,  or an authorized agent
23    of the Board who shall have the  authority  to  act  for  the
24    Board,  to  be in charge of the branch office during the time
25    it is required to be kept open.
26    (Source: P.A. 88-495; 89-16, eff. 5-30-95.)

27        (230 ILCS 5/15) (from Ch. 8, par. 37-15)
28        Sec. 15.  (a) The Board shall, in its  discretion,  issue
29    occupation   licenses  to  horse  owners,  trainers,  harness
30    drivers,  jockeys,  agents,   apprentices,   grooms,   stable
31    foremen,    exercise    persons,    veterinarians,    valets,
32    blacksmiths,  concessionaires  and  others  designated by the
33    Board whose work, in whole or  in  part,  is  conducted  upon
 
SB1017 Enrolled            -9-                 LRB9105678LDmb
 1    facilities  within  the State.  Such occupation licenses will
 2    be obtained prior to the  persons engaging in their  vocation
 3    upon such facilities. The Board shall not license pari-mutuel
 4    clerks,  parking attendants, security guards and employees of
 5    concessionaires.  No occupation license shall be required  of
 6    any  person  who  works  at facilities within this State as a
 7    pari-mutuel clerk, parking attendant, security guard or as an
 8    employee of a concessionaire. Concessionaires of the Illinois
 9    State Fair and  DuQuoin  State  Fair  and  employees  of  the
10    Illinois  Department  of Agriculture shall not be required to
11    obtain an occupation license by the Board.
12        (b)  Each application for an occupation license shall  be
13    on forms prescribed by the Board.  Such license, when issued,
14    shall  be  for  the  period  ending December 31 of each year,
15    except that the Board in  its  discretion  may  grant  3-year
16    licenses.   The  application shall be accompanied by a fee of
17    not more than  $25  per  year  or,  in  the  case  of  3-year
18    occupation  license applications, a fee of not more than $60.
19    Each applicant shall set forth in the  application  his  full
20    name  and address, and if he had been issued prior occupation
21    licenses or has been licensed in any other  state  under  any
22    other  name,  such  name, his age, whether or not a permit or
23    license issued to him in any other state has  been  suspended
24    or revoked and if so whether such suspension or revocation is
25    in  effect  at  the  time  of the application, and such other
26    information as the Board may require. Fees  for  registration
27    of stable names shall not exceed $50.00.
28        (c)  The Board may in its discretion refuse an occupation
29    license to any person:
30             (1)  who has been convicted of a crime;
31             (2)  who   is  unqualified  to  perform  the  duties
32        required of such applicant;
33             (3)  who fails to disclose  or  states  falsely  any
34        information called for in the application;
 
SB1017 Enrolled            -10-                LRB9105678LDmb
 1             (4)  who  has  been  found  guilty of a violation of
 2        this Act or of the rules and regulations of the Board; or
 3             (5)  whose license or  permit  has  been  suspended,
 4        revoked or denied for just cause in any other state.
 5        (d)  The  Board  may  suspend  or  revoke  any occupation
 6    license:
 7             (1)  for violation of any of the provisions of  this
 8        Act; or
 9             (2)  for   violation   of   any   of  the  rules  or
10        regulations of the Board; or
11             (3)  for any cause which, if  known  to  the  Board,
12        would  have justified the Board in refusing to issue such
13        occupation license; or
14             (4)  for any other just cause.
15        (e)  Each applicant for licensure shall submit  with  his
16    occupation  license  application,  on  forms  provided by the
17    Board, 2 sets of his fingerprints. All such applicants  shall
18    appear  in person at the location designated by the Board for
19    the purpose of submitting such sets of fingerprints; however,
20    with the prior approval of a State steward, an applicant  may
21    have  such  sets  of  fingerprints  taken  by an official law
22    enforcement agency and submitted to the Board.
23        The Board shall cause one set of such fingerprints to  be
24    compared  with  fingerprints  of  criminals  now or hereafter
25    filed in the records of  the  Illinois  Department  of  State
26    Police.   The  Board shall also cause such fingerprints to be
27    compared with fingerprints  of  criminals  now  or  hereafter
28    filed  in  the  records  of  other official fingerprint files
29    within or without this State.
30        The Board may, in its discretion, require  the  applicant
31    to  pay  a  fee  for  the  purpose of having his fingerprints
32    processed.  The  fingerprint  processing  fee  shall  be  set
33    annually  by  the Director of State Police, based upon actual
34    costs.
 
SB1017 Enrolled            -11-                LRB9105678LDmb
 1        (f)  The  Board  may,  in  its   discretion,   issue   an
 2    occupation  license  without submission of fingerprints if an
 3    applicant has been duly licensed in another recognized racing
 4    jurisdiction state  after  submitting  fingerprints  in  that
 5    jurisdiction state.
 6    (Source: P.A. 88-495; 89-16, eff. 5-30-95.)

 7        (230 ILCS 5/18) (from Ch. 8, par. 37-18)
 8        Sec.   18.   (a)  Together  with  its  application,  each
 9    applicant for racing dates  shall  deliver  to  the  Board  a
10    certified  check  or  bank  draft payable to the order of the
11    Board for $1,000.  In the event  the  applicant  applies  for
12    racing  dates in 2 or 3 successive calendar years as provided
13    in subsection (b) of Section 21, the  fee  shall  be  $2,000.
14    Filing   fees   shall  not  be  refunded  in  the  event  the
15    application is denied.
16        (b)  In addition to the filing fee of $1000 and the  fees
17    provided  in  subsection (j) of Section 20, each organization
18    licensee shall pay a license fee  of  $100  for  each  racing
19    program  on which its daily pari-mutuel handle is $400,000 or
20    more but less than $700,000, and a license fee  of  $200  for
21    each  racing program on which its daily pari-mutuel handle is
22    $700,000 or more. The additional fees  required  to  be  paid
23    under  this  Section  by this amendatory Act of 1982 shall be
24    remitted by the organization licensee to the Illinois  Racing
25    Board  with each day's graduated privilege tax or pari-mutuel
26    tax and breakage as provided under Section 27.
27        (c)  Sections  11-42-1,  11-42-5,  and  11-54-1  of   the
28    "Illinois  Municipal  Code," approved May 29, 1961, as now or
29    hereafter amended, shall not apply to any license under  this
30    Act.
31    (Source: P.A. 88-495; 89-16, eff. 5-30-95.)

32        (230 ILCS 5/20) (from Ch. 8, par. 37-20)
 
SB1017 Enrolled            -12-                LRB9105678LDmb
 1        Sec.  20. (a) Any person desiring to conduct a horse race
 2    meeting may apply to the Board for an  organization  license.
 3    The  application  shall  be  made  on  a  form prescribed and
 4    furnished by the Board.  The application shall specify:
 5             (1)  the dates on which it intends  to  conduct  the
 6        horse  race  meeting, which dates shall be provided under
 7        Section 21;
 8             (2)  the hours of each racing day between  which  it
 9        intends to hold or conduct horse racing at such meeting;
10             (3)  the  location  where it proposes to conduct the
11        meeting; and
12             (4)  any other information the Board may  reasonably
13        require.
14        (b)  A  separate  application for an organization license
15    shall be filed for each horse race meeting which such  person
16    proposes  to  hold.  Any  such  application,  if  made  by an
17    individual, or by any individual as trustee, shall be  signed
18    and  verified  under  oath  by  such  individual.  If made by
19    individuals or a partnership, it shall be signed and verified
20    under oath by at least 2 of such individuals  or  members  of
21    such    partnership  as  the  case  may  be.  If  made  by an
22    association, corporation, corporate  trustee  or   any  other
23    entity,  it  shall be signed by the president and attested by
24    the secretary or assistant secretary under the seal  of  such
25    association, trust or corporation if it has a seal, and shall
26    also be verified under oath by one of the signing officers.
27        (c)  The  application  shall  specify  the  name  of  the
28    persons,  association,  trust,  or  corporation  making  such
29    application  and the post office address of the applicant; if
30    the applicant is a trustee, the names and  addresses  of  the
31    beneficiaries;  if  a  corporation, the names and post office
32    addresses of all officers, stockholders and directors; or  if
33    such  stockholders hold stock as a  nominee or fiduciary, the
34    names  and  post   office   addresses   of   these   persons,
 
SB1017 Enrolled            -13-                LRB9105678LDmb
 1    partnerships,  corporations, or trusts who are the beneficial
 2    owners thereof or who are  beneficially  interested  therein;
 3    and  if a partnership, the names and post office addresses of
 4    all partners, general or  limited;  if  the  applicant  is  a
 5    corporation, the name of the state of its incorporation shall
 6    be specified.
 7        (d)  The  applicant shall execute and file with the Board
 8    a good faith affirmative action plan to recruit,  train,  and
 9    upgrade   minorities   in   all  classifications  within  the
10    association.
11        (e)  With such application there shall  be  delivered  to
12    the  Board  a  certified  check  or bank draft payable to the
13    order of the  Board  for  an  amount  equal  to  $1,000.  All
14    applications  for  the  issuance  of  an organization license
15    shall be filed with the Board before August  1  of  the  year
16    prior  to  the  year  for which application for race dates is
17    made and shall be acted upon by the Board at a meeting to  be
18    held  on such date  as shall be fixed by the Board during the
19    last 15 days  of  September  of  such  prior  year  provided,
20    however,   that  for  applications  for  1996  racing  dates,
21    applications shall be filed prior to September 1, 1995.    At
22    such  meeting,  the  Board  shall  announce  the award of the
23    racing meets, live racing schedule, and designation  of  host
24    track  to  the  applicants and its approval or disapproval of
25    each application. to respective applicants racing  dates  for
26    the  year  or  years  but No announcement shall be considered
27    binding until a formal order is executed by the Board,  which
28    shall  be  executed  no  later  than October 15 of that prior
29    year. Absent  the  agreement  of  the  affected  organization
30    licensees,   the  Board  shall  not  grant  overlapping  race
31    meetings to 2 or more tracks that are  within  100  miles  of
32    each other to conduct the thoroughbred racing.
33        (e-5)  In  reviewing  an  application  for the purpose of
34    granting an organization license  consistent  with  the  best
 
SB1017 Enrolled            -14-                LRB9105678LDmb
 1    interests  of  the  public and the sport of horse racing, the
 2    Board 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
10             or indirectly, that applicant;
11             (2)  the    applicant's   facilities   or   proposed
12        facilities for conducting horse racing;
13             (3)  the total revenue  without  regard  to  Section
14        32.1  to  be  derived  by the State and horsemen from the
15        applicant's conducting a race meeting;
16             (4)  the applicant's good faith  affirmative  action
17        plan  to  recruit,  train,  and upgrade minorities in all
18        employment classifications;
19             (5)  the applicant's financial ability  to  purchase
20        and 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
25        licensees as provided in subsection (b) of Section 21  of
26        this Act; and
27             (8)  the  extent  to  which the applicant exceeds or
28        meets other standards for the issuance of an organization
29        license that the Board shall adopt by rule.
30        In granting organization licenses  and  allocating  dates
31    for  horse  race meetings, the Board shall have discretion to
32    determine an overall schedule, including required  simulcasts
33    of  Illinois races by host tracks that will, in its judgment,
34    be conducive to the best interests  of  the  public  and  the
 
SB1017 Enrolled            -15-                LRB9105678LDmb
 1    sport of horse racing.
 2        (e-10)  The  Illinois  Administrative Procedure Act shall
 3    apply to administrative procedures of the  Board  under  this
 4    Act  for the granting of an organization license, except that
 5    (1) notwithstanding  the  provisions  of  subsection  (b)  of
 6    Section  10-40  of  the Illinois Administrative Procedure Act
 7    regarding cross-examination, the Board  may  prescribe  rules
 8    limiting  the  right  of  an  applicant or participant in any
 9    proceeding  to  award  an  organization  license  to  conduct
10    cross-examination of witnesses at that proceeding where  that
11    cross-examination  would  unduly obstruct the timely award of
12    an organization license under subsection (e) of Section 20 of
13    this Act; (2) the provisions of Section 10-45 of the Illinois
14    Administrative Procedure Act regarding proposals for decision
15    are  excluded  under  this  Act;  (3)   notwithstanding   the
16    provisions of subsection (a) of Section 10-60 of the Illinois
17    Administrative    Procedure    Act    regarding    ex   parte
18    communications, the Board may  prescribe  rules  allowing  ex
19    parte  communications  with  applicants  or participants in a
20    proceeding to award an organization license where  conducting
21    those communications would be in the best interest of racing,
22    provided all those communications are made part of the record
23    of  that  proceeding  pursuant  to  subsection (c) of Section
24    10-60 of the Illinois Administrative Procedure Act;  (4)  the
25    provisions  of  Section  14a of this Act and the rules of the
26    Board promulgated under that Section shall apply  instead  of
27    the  provisions  of Article 10 of the Illinois Administrative
28    Procedure Act regarding administrative law  judges;  and  (5)
29    the  provisions  of  subsection  (d)  of Section 10-65 of the
30    Illinois Administrative Procedure Act  that  prevent  summary
31    suspension  of  a  license pending revocation or other action
32    shall not apply.
33        (f)  The Board may allot racing dates to an  organization
34    licensee for more than one calendar year but for no more than
 
SB1017 Enrolled            -16-                LRB9105678LDmb
 1    3  successive  calendar  years  in advance, provided that the
 2    Board shall review such allotment for more than one  calendar
 3    year  prior  to  each  year for which such allotment has been
 4    made.  The granting of an organization license  to  a  person
 5    constitutes a privilege to conduct a horse race meeting under
 6    the  provisions  of  this  Act,  and  no  person  granted  an
 7    organization  license  shall  be  deemed  to  have  a  vested
 8    interest, property right, or future expectation to receive an
 9    organization  license  in  any subsequent year as a result of
10    the  granting  of  an  organization   license.   Organization
11    licenses  shall  be subject to revocation if the organization
12    licensee has violated any provision of this Act or the  rules
13    and  regulations  promulgated  under  this  Act  or  has been
14    convicted of a crime or has failed to disclose or has  stated
15    falsely  any information called for in the application for an
16    organization license.  Any  organization  license  revocation
17    proceeding  shall  be in accordance with Section 16 regarding
18    suspension and revocation of occupation licenses.
19        (f-5)  If, (i) an applicant does not file  an  acceptance
20    of  the  racing  dates awarded by the Board as required under
21    part (1) of subsection (h) of this Section  20,  or  (ii)  an
22    organization  licensee  has  its license suspended or revoked
23    under this Act,  the  Board,  upon  conducting  an  emergency
24    hearing  as  provided  for  in  this  Act,  may reaward on an
25    emergency basis pursuant to rules established by  the  Board,
26    racing dates not accepted or the racing dates associated with
27    any   suspension   or   revocation  period  to  one  or  more
28    organization licensees, new applicants,  or  any  combination
29    thereof,  upon terms and conditions that the Board determines
30    are  in  the  best  interest   of   racing,   provided,   the
31    organization   licensees  or  new  applicants  receiving  the
32    awarded racing dates file an acceptance  of  those  reawarded
33    racing  dates  as  required under paragraph (1) of subsection
34    (h) of this Section 20 and comply with the  other  provisions
 
SB1017 Enrolled            -17-                LRB9105678LDmb
 1    of  this  Act.   The  Illinois  Administrative Procedures Act
 2    shall not apply to the administrative procedures of the Board
 3    in conducting the emergency hearing and the  reallocation  of
 4    racing dates on an emergency basis.
 5        (g)  (Blank).
 6        (h)  The  Board  shall  send  the applicant a copy of its
 7    formally executed order by certified mail  addressed  to  the
 8    applicant  at  the  address  stated in his application, which
 9    notice shall be mailed within 5 days of the date  the  formal
10    order is executed.
11        Each  applicant  notified  shall,  within  10  days after
12    receipt of the final executed order  of  the  Board  awarding
13    racing dates:
14             (1)  file with the Board an acceptance of such award
15        in the form prescribed by the Board;
16             (2)  pay  to the Board an additional amount equal to
17        $110 for each racing date awarded; and
18             (3)  file with  the  Board  the  bonds  required  in
19        Sections  21  and  25 at least 20 days prior to the first
20        day of each race meeting.
21    Upon compliance with the provisions of paragraphs  (1),  (2),
22    and (3) of this subsection (h), the applicant shall be issued
23    an organization license.
24        If  any  applicant  fails  to comply with this Section or
25    fails to pay the organization license fees  herein  provided,
26    no organization license shall be issued to such applicant.
27    (Source:  P.A.  88-495;  89-16,  eff.  5-30-95;  89-626, eff.
28    8-9-96.)

29        (230 ILCS 5/20.1 new)
30        Sec. 20.1.  Authority of licensees.
31        (a)  Notwithstanding  anything  in  this   Act   to   the
32    contrary, an organization licensee shall have authority to:
33             (1)  determine   prices   charged   for   goods  and
 
SB1017 Enrolled            -18-                LRB9105678LDmb
 1        services;
 2             (2)  determine prices charged for wagering products,
 3        subject to Sections 26 and 26.2 of this Act;
 4             (3)  determine its hours of operation, subject to at
 5        least 30 days prior notice to the Board if such hours are
 6        different than  provided  such  licensee's  racing  dates
 7        application; and
 8             (4)  otherwise manage its business operations.
 9        (b)  The  Board  may disapprove of any business practices
10    by organization licensees identified  in  subsection  (a)  of
11    this  Section  if  the  Board  finds  that such practices are
12    detrimental to the public interest.

13        (230 ILCS 5/21) (from Ch. 8, par. 37-21)
14        Sec. 21. (a) Applications for organization licenses  must
15    be filed with the Board at a time and place prescribed by the
16    rules  and regulations of the Board.  The Board shall examine
17    the applications within 21 days after the  date  allowed  for
18    filing  with  respect  to  their conformity with this Act and
19    such rules  and regulations  as  may  be  prescribed  by  the
20    Board.   If  any application does not comply with this Act or
21    the rules and  regulations  prescribed  by  the  Board,  such
22    application  may  be  rejected  and  an  organization license
23    refused to the applicant, or the Board may, within 21 days of
24    the receipt of such application, advise the applicant of  the
25    deficiencies  of  the  application under the Act or the rules
26    and regulations of the Board, and require the submittal of an
27    amended application within a reasonable  time  determined  by
28    the  Board;  and upon submittal of the amended application by
29    the  applicant,  the  Board  may  consider  the   application
30    consistent  with the process described in subsection (e-5) of
31    Section 20 of this Act.  If it is found to be  in  compliance
32    with this Act and the rules and regulations of the Board, the
33    Board   may  then  issue  an  organization  license  to  such
 
SB1017 Enrolled            -19-                LRB9105678LDmb
 1    applicant.
 2        (b)  The Board may exercise discretion in granting racing
 3    dates to qualified applicants different from those  requested
 4    by  the  applicants  in  their applications.  However, if all
 5    eligible applicants for organization  licenses  whose  tracks
 6    are located within 100 miles of each other execute and submit
 7    to  the Board a written agreement among such applicants as to
 8    the award of racing dates, including where applicable  racing
 9    programs,  for  up  to  3  consecutive years, then subject to
10    annual review of each applicant's compliance with Board rules
11    and  regulations,  provisions  of  this  Act  and  conditions
12    contained in annual dates orders issued  by  the  Board,  the
13    Board may grant such dates and programs to such applicants as
14    so  agreed  by them if the Board determines that the grant of
15    these racing dates is in the best interests of  racing.   The
16    Board  shall  treat  any  such  agreement  as  the  agreement
17    signatories'  joint  and several application for racing dates
18    during the term of the agreement.
19        (c)  Where 2 or more applicants propose to conduct  horse
20    race  meetings within 35 miles of each other, as certified to
21    the  Board  under  Section  19  (a)  (1)  of  this  Act,   on
22    conflicting  dates,  the  Board  may  determine and grant the
23    number of racing days to be awarded to the several applicants
24    in accordance with the  provisions  of  subsection  (e-5)  of
25    Section 20 of this Act.
26        (d)  (Blank).
27        (e)  Prior  to  the  issuance of an organization license,
28    the applicant shall file with the Board a bond payable to the
29    State of Illinois in the sum of  $200,000,  executed  by  the
30    applicant  and a surety company or companies authorized to do
31    business in this State, and conditioned upon the  payment  by
32    the  organization licensee of all taxes due under Section 27,
33    other monies due and payable under this Act, all  purses  due
34    and  payable,  and  that  the organization licensee will upon
 
SB1017 Enrolled            -20-                LRB9105678LDmb
 1    presentation of the winning ticket or tickets distribute  all
 2    sums due to the patrons of pari-mutuel pools.
 3        (f)  Each  organization  license shall specify the person
 4    to whom it is issued, the dates upon which  horse  racing  is
 5    permitted, and the location, place, track, or enclosure where
 6    the horse race meeting is to be held.
 7        (g)  Any  person  who owns one or more race tracks within
 8    the State may seek, in its own name, a separate  organization
 9    license for each race track.
10        (h)  All racing conducted under such organization license
11    is  subject to this Act and to the rules and regulations from
12    time  to  time  prescribed  by  the  Board,  and  every  such
13    organization license issued by  the  Board  shall  contain  a
14    recital to that effect.
15        (i)  Each  such organization licensee may provide that at
16    least one race per day  may  be  devoted  to  the  racing  of
17    quarter horses, appaloosas, arabians, or paints.
18        (j)  In acting on applications for organization licenses,
19    the  Board shall give weight to an organization license which
20    has implemented a good faith  affirmative  action  effort  to
21    recruit,  train and upgrade minorities in all classifications
22    within the organization license.
23    (Source: P.A. 89-16, eff. 5-30-95; 90-754, eff. 1-1-99.)

24        (230 ILCS 5/26) (from Ch. 8, par. 37-26)
25        Sec. 26. Wagering.
26        (a)  Any  licensee  may   conduct   and   supervise   the
27    pari-mutuel system of wagering, as defined in Section 3.12 of
28    this   Act,   on   horse   races  conducted  by  an  Illinois
29    organization licensee or conducted at a racetrack located  in
30    another  state  or  country  and  televised  in  Illinois  in
31    accordance  with  subsection  (g)  of Section 26 of this Act.
32    Subject to the prior consent  of  the  Board,  licensees  may
33    supplement  any  pari-mutuel  pool  in  order  to guarantee a
 
SB1017 Enrolled            -21-                LRB9105678LDmb
 1    minimum distribution.  Such pari-mutuel  method  of  wagering
 2    shall  not,  under  any  circumstances if conducted under the
 3    provisions of this Act, be held or construed to be  unlawful,
 4    other statutes of this State to the contrary notwithstanding.
 5    Subject  to  rules  for  advance  wagering promulgated by the
 6    Board, any licensee may accept wagers up to 2  calendar  days
 7    in advance of the day of the race wagered upon occurs.
 8        (b)  No other method of betting, pool making, wagering or
 9    gambling  shall  be  used or permitted by the licensee.  Each
10    licensee may retain, subject to the payment of all applicable
11    taxes and purses, an amount not to exceed 17%  of  all  money
12    wagered  under  subsection (a) of this Section, except as may
13    otherwise be permitted under this Act.
14        (b-5)  An  individual  may  place  a  wager   under   the
15    pari-mutuel  system  from  any  licensed  location authorized
16    under this Act provided that wager is electronically recorded
17    in the manner described in Section  3.12  of  this  Act.  Any
18    wager  made  electronically by an individual while physically
19    on the premises of a licensee shall be deemed  to  have  been
20    made at the premises of that licensee.
21        (c)  Until  January 1, 2000, the sum held by any licensee
22    for payment of outstanding pari-mutuel tickets, if  unclaimed
23    prior  to  December 31 of the next year, shall be retained by
24    the licensee for payment of such  tickets  until  that  date.
25    Within  10 days thereafter, the balance of such sum remaining
26    unclaimed, less any uncashed supplements contributed by  such
27    licensee    for   the   purpose   of   guaranteeing   minimum
28    distributions of any pari-mutuel pool, shall be paid  to  the
29    Illinois Veterans' Rehabilitation Fund of the State treasury,
30    except  as  provided  in subsection (g) of Section 27 of this
31    Act.
32        (c-5)  Beginning January 1, 2000, the  sum  held  by  any
33    licensee  for  payment of outstanding pari-mutuel tickets, if
34    unclaimed prior to December 31 of the  next  year,  shall  be
 
SB1017 Enrolled            -22-                LRB9105678LDmb
 1    retained  by  the  licensee for payment of such tickets until
 2    that date.  Within 10 days thereafter, the  balance  of  such
 3    sum   remaining  unclaimed,  less  any  uncashed  supplements
 4    contributed by such licensee for the purpose of  guaranteeing
 5    minimum  distributions  of  any  pari-mutuel  pool,  shall be
 6    evenly distributed to the purse account of  the  organization
 7    licensee and the organization licensee.
 8        (d)  A pari-mutuel ticket shall be honored until December
 9    31  of the next calendar year, and the licensee shall pay the
10    same and may charge the amount thereof against  unpaid  money
11    similarly  accumulated  on account of pari-mutuel tickets not
12    presented for payment.
13        (e)  No licensee shall knowingly permit any minor,  other
14    than  an  employee  of  such  licensee  or an owner, trainer,
15    jockey, driver, or employee thereof, to be admitted during  a
16    racing program unless accompanied by a parent or guardian, or
17    any  minor  to  be  a  patron  of  the  pari-mutuel system of
18    wagering conducted or supervised by it.  The admission of any
19    unaccompanied minor, other than an employee of  the  licensee
20    or  an owner, trainer, jockey, driver, or employee thereof at
21    a race track is a Class C misdemeanor.
22        (f)  Notwithstanding the other provisions of this Act, an
23    organization licensee may, contract with an entity in another
24    state or country to  permit  any  legal  wagering  entity  in
25    another  state or country to accept wagers solely within such
26    other state or country on races conducted by the organization
27    licensee in this State.  Beginning  January  1,  2000,  these
28    wagers shall not be subject to State taxation.  Until January
29    1,  2000, when the out-of-State entity conducts a pari-mutuel
30    pool separate from the organization licensee, a privilege tax
31    equal to 7 1/2% of all monies received  by  the  organization
32    licensee  from entities in other states or countries pursuant
33    to such contracts is imposed on  the  organization  licensee,
34    and such privilege tax shall be remitted to the Department of
 
SB1017 Enrolled            -23-                LRB9105678LDmb
 1    Revenue  within  48  hours  of receipt of the moneys from the
 2    simulcast.  When the out-of-State entity conducts a  combined
 3    pari-mutuel  pool  with  the  organization  licensee, the tax
 4    shall be 10% of  all  monies  received  by  the  organization
 5    licensee  with  25%  of  the receipts from this 10% tax to be
 6    distributed to the county in which the race was conducted.
 7        An organization licensee may permit one or  more  of  its
 8    races  to be utilized for pari-mutuel wagering at one or more
 9    locations in other states and may transmit audio  and  visual
10    signals of races the organization licensee conducts to one or
11    more  locations  outside  the  State  or country and may also
12    permit pari-mutuel pools in other states or countries  to  be
13    combined  with  its  gross  or  net  wagering  pools  or with
14    wagering pools established by other states.
15        (g)  A host track may accept interstate simulcast  wagers
16    on  horse  races  conducted  in other states or countries and
17    shall control the number of signals and types  of  breeds  of
18    racing  in  its simulcast program, subject to the disapproval
19    of the Board.  The Board may  prohibit  a  simulcast  program
20    only  if  it  finds  that  the  simulcast  program is clearly
21    adverse to the integrity of racing.  The host track simulcast
22    program shall include  the  signal  of  live  racing  of  all
23    organization  licensees.  All  non-host licensees shall carry
24    the host track simulcast program and  accept  wagers  on  all
25    races  included  as  part of the simulcast program upon which
26    wagering is permitted. The costs and  expenses  of  the  host
27    track  and  non-host  licensees  associated  with  interstate
28    simulcast wagering, other than the interstate commission fee,
29    shall  be  borne by the host track and all non-host licensees
30    incurring these costs.  The interstate commission  fee  shall
31    not  exceed 5% of Illinois handle on the interstate simulcast
32    race or races without prior approval of the Board.  The Board
33    shall promulgate rules under which it may  permit  interstate
34    commission  fees  in excess of 5%.  The interstate commission
 
SB1017 Enrolled            -24-                LRB9105678LDmb
 1    fee  and  other  fees  charged  by  the  sending   racetrack,
 2    including,  but not limited to, satellite decoder fees, shall
 3    be uniformly applied to  the  host  track  and  all  non-host
 4    licensees.
 5             (1)  Between the hours of 6:30 a.m. and 6:30 p.m. an
 6        intertrack  wagering  licensee  other than the host track
 7        may supplement the  host  track  simulcast  program  with
 8        additional  simulcast  races  or  race programs, provided
 9        that between January 1 and the third Friday  in  February
10        of any year, inclusive, if no live thoroughbred racing is
11        occurring   in   Illinois   during   this   period,  only
12        thoroughbred  races  may   be   used   for   supplemental
13        interstate  simulcast purposes.  The Board shall withhold
14        approval for a supplemental interstate simulcast only  if
15        it  finds  that  the  simulcast is clearly adverse to the
16        integrity of racing.  A supplemental interstate simulcast
17        may be transmitted from an intertrack  wagering  licensee
18        to  its  affiliated  non-host  licensees.  The interstate
19        commission fee for a  supplemental  interstate  simulcast
20        shall be paid by the non-host licensee and its affiliated
21        non-host licensees receiving the simulcast.
22             (2)  Between the hours of 6:30 p.m. and 6:30 a.m. an
23        intertrack  wagering  licensee  other than the host track
24        may receive supplemental interstate simulcasts only  with
25        the  consent  of  the  host track, except when  the Board
26        finds that  the  simulcast  is  clearly  adverse  to  the
27        integrity   of   racing.    Consent  granted  under  this
28        paragraph (2) to any intertrack wagering  licensee  shall
29        be   deemed  consent  to  all  non-host  licensees.   The
30        interstate commission fee for the supplemental interstate
31        simulcast shall be paid  by  all  participating  non-host
32        licensees.
33             (3)  Each  licensee  conducting interstate simulcast
34        wagering may  retain,  subject  to  the  payment  of  all
 
SB1017 Enrolled            -25-                LRB9105678LDmb
 1        applicable  taxes and the purses, an amount not to exceed
 2        17% of all money wagered.  If any licensee conducts   the
 3        pari-mutuel   system   wagering  on  races  conducted  at
 4        racetracks in another state or country, each such race or
 5        race program shall be considered a  separate  racing  day
 6        for  the  purpose  of  determining  the  daily handle and
 7        computing the privilege  tax  of  that  daily  handle  as
 8        provided  in  subsection (a) of Section 27. Until January
 9        1, 2000, from the sums permitted to be retained  pursuant
10        to  this  subsection,  each  intertrack wagering location
11        licensee shall pay 1% of the pari-mutuel  handle  wagered
12        on  simulcast wagering to the Horse Racing Tax Allocation
13        Fund, subject to the provisions of  subparagraph  (B)  of
14        paragraph  (11)  of  subsection (h) of Section 26 of this
15        Act.
16             (4)  A licensee who receives an interstate simulcast
17        may combine its gross or net  pools  with  pools  at  the
18        sending  racetracks  pursuant to rules established by the
19        Board.  All licensees combining their gross or net  pools
20        with  pools  at  a  sending  racetrack  shall  adopt  the
21        take-out percentages of the sending racetrack. A licensee
22        may  also establish a separate pool and takeout structure
23        for wagering purposes on races conducted at  race  tracks
24        outside  of  the  State  of  Illinois.   The licensee may
25        permit pari-mutuel  wagers  placed  in  other  states  or
26        countries  to  be combined with its gross or net wagering
27        pools or other wagering pools.
28             (5)  After the payment of the interstate  commission
29        fee  (except  for  the  interstate  commission  fee  on a
30        supplemental interstate simulcast, which shall be paid by
31        the host track and by each non-host licensee through  the
32        host-track)  and  all  applicable  State and local taxes,
33        except as provided in subsection (g)  of  Section  27  of
34        this Act, the remainder of moneys retained from simulcast
 
SB1017 Enrolled            -26-                LRB9105678LDmb
 1        wagering  pursuant  to  this  subsection (g), and Section
 2        26.2 shall be divided as follows:
 3                  (A)  For interstate simulcast wagers made at  a
 4             host  track, 50% to the host track and 50% to purses
 5             at the host track.
 6                  (B)  For wagers placed on interstate simulcast
 7             races,  supplemental  simulcasts   as   defined   in
 8             subparagraphs  (1)  and  (2),  and separately pooled
 9             races conducted outside of  the  State  of  Illinois
10             wagers  made  at  a  non-host licensee other than as
11             provided in subparagraph (C)  of  paragraph  (5)  of
12             this  subsection  (g)  and  paragraph  (11)  of this
13             subsection (g), 25% to the host track,  25%  to  the
14             non-host licensee, and 50% to the purses at the host
15             track.
16                  (C)  For  interstate simulcast wagers made on a
17             supplemental interstate simulcast, 25% to  the  host
18             track,  25%  to the non-host licensee from which the
19             interstate commission fee shall be paid, and 50%  to
20             the purses at the host track.
21                  (D)  For   interstate  simulcast  wagers  on  a
22             standardbred race or races  made  at  a  host  track
23             between the hours of 6:30 a.m. and 6:30 p.m. between
24             January   1   and  the  third  Friday  in  February,
25             inclusive,  if  no  live  thoroughbred   racing   is
26             occurring in Illinois during this period, 50% to the
27             host  track  and  50%  to standardbred purses at the
28             host track.
29                  (E)  For  interstate  simulcast  wagers  on   a
30             standardbred  race  or  races  made  at  a  non-host
31             licensee  between  the  hours  of 6:30 a.m. and 6:30
32             p.m. between January  1  and  the  third  Friday  in
33             February,  inclusive, if no live thoroughbred racing
34             is occurring in Illinois during this period, 25%  to
 
SB1017 Enrolled            -27-                LRB9105678LDmb
 1             the  host  track,  25% to the non-host licensee, and
 2             50% to standardbred purses at the host track.
 3                  (F)  For  interstate  simulcast  wagers  on   a
 4             thoroughbred  race  or races at a host track between
 5             the hours of 6:30 a.m. and 6:30 p.m. between January
 6             1 and the third Friday in February, inclusive, if no
 7             live thoroughbred racing is  occurring  in  Illinois
 8             during this period, 50% to the host track and 50% to
 9             the  host track's interstate simulcast purse pool to
10             be  distributed  under   paragraph   (9)   of   this
11             subsection (g).
12                  (G)  For   interstate  simulcast  wagers  on  a
13             thoroughbred race or races at  a  non-host  licensee
14             between the hours of 6:30 a.m. and 6:30 p.m. between
15             January   1   and  the  third  Friday  in  February,
16             inclusive,  if  no  live  thoroughbred   racing   is
17             occurring in Illinois during this period, 25% to the
18             host track, 25% to the non-host licensee, and 50% to
19             the  host track's interstate simulcast purse pool to
20             be  distributed  under   paragraph   (9)   of   this
21             subsection (g).
22                  (H)  For   supplemental   interstate  simulcast
23             wagers on a thoroughbred race or races at a non-host
24             licensee between the hours of  6:30  a.m.  and  6:30
25             p.m.  between  January  1  and  the  third Friday in
26             February, inclusive, if no live thoroughbred  racing
27             is  occurring in Illinois during this period, 50% to
28             the non-host licensee and 50% to thoroughbred purses
29             at  the  track  from  which  the  non-host  licensee
30             derives its license.
31                  (I)  For interstate simulcast wagers at a  host
32             track  and  non-host  licensees between the hours of
33             6:30 p.m. and 6:30 a.m. between January  1  and  the
34             third  Friday  in  February,  inclusive,  if no live
 
SB1017 Enrolled            -28-                LRB9105678LDmb
 1             thoroughbred racing is occurring in Illinois  during
 2             this period, as set forth in subparagraphs (A), (B),
 3             and (C) of this paragraph (5) and paragraph (8.1) of
 4             subsection (g).
 5                  (J)  For  interstate simulcast wagers at a host
 6             track and non-host  licensees  on  thoroughbred  and
 7             standardbred  races  between January 1 and the third
 8             Friday  in  February,  inclusive,  if   thoroughbred
 9             horses are racing in Illinois during this period, as
10             set forth in subparagraphs (A), (B), and (C) of this
11             paragraph (5).
12             (6)  Notwithstanding  any  provision  in this Act to
13        the  contrary,  non-host  licensees  who   derive   their
14        licenses  from  a  track  located  in  a  county  with  a
15        population  in  excess  of  230,000  and that borders the
16        Mississippi River  may  receive  supplemental  interstate
17        simulcast  races  at all times subject to Board approval,
18        which shall be  withheld  only  upon  a  finding  that  a
19        supplemental  interstate  simulcast is clearly adverse to
20        the integrity of racing.
21             (7)  Notwithstanding any provision of  this  Act  to
22        the  contrary,  after payment of all applicable State and
23        local taxes  and  interstate  commission  fees,  non-host
24        licensees  who derive their licenses from a track located
25        in a county with a population in excess  of  230,000  and
26        that  borders  the  Mississippi River shall retain 50% of
27        the retention from interstate simulcast wagers and  shall
28        pay  50%  to  purses at the track from which the non-host
29        licensee derives its license as follows:
30                  (A)  Between January 1 and the third Friday  in
31             February,  inclusive, if no live thoroughbred racing
32             is occurring in Illinois during  this  period,  when
33             the interstate simulcast is a standardbred race, the
34             purse share to its standardbred purse account;
 
SB1017 Enrolled            -29-                LRB9105678LDmb
 1                  (B)  Between  January 1 and the third Friday in
 2             February, inclusive, if no live thoroughbred  racing
 3             is occurring in Illinois during this period, and the
 4             interstate  simulcast  is  a  thoroughbred race, the
 5             purse share to its interstate simulcast  purse  pool
 6             to  be  distributed  under  paragraph  (10)  of this
 7             subsection (g);
 8                  (C)  Between January 1 and the third Friday  in
 9             February,  inclusive, if live thoroughbred racing is
10             occurring in Illinois, between 6:30  a.m.  and  6:30
11             p.m.  the  purse  share from wagers made during this
12             time period to its thoroughbred  purse  account  and
13             between 6:30 p.m. and 6:30 a.m. the purse share from
14             wagers   made   during   this  time  period  to  its
15             standardbred purse accounts;
16                  (D)  Between the third Saturday in February and
17             December 31, when the  interstate  simulcast  occurs
18             between  the  hours  of 6:30 a.m. and 6:30 p.m., the
19             purse share to its thoroughbred purse account;
20                  (E)  Between the third Saturday in February and
21             December 31, when the  interstate  simulcast  occurs
22             between  the  hours  of 6:30 p.m. and 6:30 a.m., the
23             purse share to its standardbred purse account.
24             (8)  Notwithstanding any provision in  this  Act  to
25        the  contrary,  an  organization  licensee  from  a track
26        located in a  county  with  a  population  in  excess  of
27        230,000  and  that  borders the Mississippi River and its
28        affiliated non-host licensees shall not  be  entitled  to
29        share  in  any retention generated on racing, inter-track
30        wagering, or simulcast wagering  at  any  other  Illinois
31        wagering facility track.
32             (8.1)  Notwithstanding any provisions in this Act to
33        the  contrary, if 2 organization licensees are conducting
34        standardbred race meetings concurrently between the hours
 
SB1017 Enrolled            -30-                LRB9105678LDmb
 1        of  6:30  p.m.  and  6:30  a.m.,  after  payment  of  all
 2        applicable  State  and   local   taxes   and   interstate
 3        commission  fees,  the  remainder  of the amount retained
 4        from simulcast wagering  otherwise  attributable  to  the
 5        host  track and to host track purses shall be split daily
 6        between the 2 organization licensees and  the  purses  at
 7        the tracks of the 2 organization licensees, respectively,
 8        based  on each organization licensee's share of the total
 9        live handle for that day, provided  that  this  provision
10        shall not apply to any non-host licensee that derives its
11        license   from  a  track  located  in  a  county  with  a
12        population in excess of  230,000  and  that  borders  the
13        Mississippi River.
14             (9)  (Blank).  The  amount  paid  to  an  interstate
15        simulcast  purse  pool under subparagraphs (F) and (G) of
16        paragraph (5) of this subsection (g) shall be distributed
17        as follows:
18                  (A)  First to supplement the standardbred purse
19             account of the host track such  that  purses  earned
20             for  a  single standardbred race program between the
21             hours of 6:30 a.m. and 6:30 p.m. of the  host  track
22             between  January 1 and the third Friday in February,
23             if no  live  thoroughbred  racing  is  occurring  in
24             Illinois  during  this  period, equals $75,000.  For
25             any race program during this period where the number
26             of live races is  less  than  9,  the  guarantee  of
27             purses  for  that program shall be reduced by $8,333
28             for each race fewer than 9;
29                  (B)  Any  amount  remaining  in  the  simulcast
30             purse  pool   after   the   payments   required   in
31             subparagraph  (A)  of  this  paragraph  (9) shall be
32             distributed 50% to the standardbred purse account at
33             the  host  track  and  50%  to  thoroughbred   purse
34             accounts, excluding purse accounts at tracks located
 
SB1017 Enrolled            -31-                LRB9105678LDmb
 1             in  a  county with a population in excess of 230,000
 2             and  that  borders  the  Mississippi   River.    The
 3             thoroughbred  purse  share  shall  be distributed to
 4             thoroughbred tracks on a pro  rata  basis  based  on
 5             each  track's  1994 Illinois on-track handle on live
 6             thoroughbred races relative to total  1994  Illinois
 7             on-track   handle   on   live   thoroughbred  races,
 8             excluding handle on live  thoroughbred  races  at  a
 9             track  located  in  a  county  with  a population in
10             excess of 230,000 and that borders  the  Mississippi
11             River;
12             (10)  (Blank).  The  amount  paid  to the interstate
13        simulcast purse pool under subparagraph (B) of  paragraph
14        (7)  of  this  subsection  (g)  shall  be  distributed as
15        follows:
16                  (A)  First,  to  supplement  the   standardbred
17             purse  account  such that the purses earned for each
18             standardbred race program between January 1 and  the
19             third  Friday  in  February, if no live thoroughbred
20             racing is occurring in Illinois during this  period,
21             equals  $24,000.  For any program during this period
22             where the number of live races is less than  9,  the
23             $24,000  purse  guarantee shall be reduced by $2,666
24             per race.
25                  (B)  Any  amount  remaining  in  the  simulcast
26             purse   pool   after   the   payment   required   in
27             subparagraph (A) of this  paragraph  (10)  shall  be
28             distributed  50%  to  standardbred purses and 50% to
29             thoroughbred purses at the race track  specified  in
30             paragraph (7) of this subsection (g).
31             (11)  (Blank). Notwithstanding any provision in this
32        Act  to the contrary, subsequent to the effective date of
33        this amendatory Act of 1995 and  prior  to  December  31,
34        1995, a non-host licensee that conducts live standardbred
 
SB1017 Enrolled            -32-                LRB9105678LDmb
 1        racing  between  the  hours of 6:30 a.m. and 6:30 p.m. on
 2        Tuesdays at a track located in a county with a population
 3        of less than 1,000,000 and  that  is  contiguous  to  the
 4        State  of  Indiana may retain for its own account and its
 5        purse account for standardbred racing between  the  hours
 6        of 6:30 a.m. and 6:30 p.m. on Tuesdays:
 7                  (A)  All   commissions  and  all  purse  monies
 8             generated at the non-host licensee's race track from
 9             simulcast wagering during its live  program  between
10             6:30 a.m. and 6:30 p.m. on each Tuesday, which would
11             otherwise  be allocated to the host track and purses
12             at  the  host  track  and  purses  as  provided   in
13             subparagraph (B) of paragraph (5) of this subsection
14             (g); and
15                  (B)  To  the  extent  the  amounts described in
16             subparagraph  (A)  of   paragraph   (11)   of   this
17             subsection (g) are insufficient to equal the average
18             amount  of  commissions  and  the  average amount of
19             purses earned on standardbred racing at the non-host
20             licensee's track between 6:30 a.m. and 6:30 p.m.  on
21             Tuesdays during the 1994 calendar year as determined
22             by   the   Board,   during  the  days  the  non-host
23             licensee's  track   conducts   standardbred   racing
24             between 6:30 a.m. and 6:30 p.m. on each Tuesday from
25             July  1, 1995, to December 31, 1995, all inter-track
26             wagering  location  licensees,  except   inter-track
27             wagering location licensees affiliated with a  track
28             location  in  a  county with a population of 230,000
29             and  that  borders  the  Mississippi   River   shall
30             allocate   from   amounts  retained  from  simulcast
31             wagering between 6:30 a.m. and  6:30  p.m.  on  each
32             Tuesday  from  July  1,  1995,  to December 31, 1995
33             which would otherwise be allocated to the host track
34             and  purses  at  the  host  track,  as  provided  in
 
SB1017 Enrolled            -33-                LRB9105678LDmb
 1             subparagraph (B) of paragraph (5) of this subsection
 2             (g),  to  the  non-host  track  and  purses  at  the
 3             non-host licensee, on a pro  rata  basis,  based  on
 4             each  inter-track wagering location licensee's share
 5             of the total handle on  simulcast  wagering  at  the
 6             facilities  of  all  inter-track  wagering  location
 7             licensees,   excluding   those  intertrack  wagering
 8             location licensees affiliated with a  track  located
 9             in  a  county  with a population of 230,000 and that
10             borders the Mississippi River for that  Tuesday,  so
11             that  the non-host licensee's commissions and purses
12             earned for standardbred racing between 6:30 a.m. and
13             6:30 p.m. on the given Tuesday in  1995  equals  the
14             average  amount  of commissions and purses earned on
15             standardbred racing at the non-host licensee's track
16             between 6:30 a.m. and 6:30 p.m. on  Tuesdays  during
17             the  1994  calendar year as determined by the Board.
18             Within 72 hours after the  non-host  licensee  holds
19             standardbred  races  between 6:30 a.m. and 6:30 p.m.
20             in  calendar  year  1995  on  a  Tuesday  and  after
21             enactment of this amendatory Act of 1995, the  Board
22             shall  notify  each  inter-track  wagering  location
23             licensee  of  the amount from its simulcast wagering
24             between 6:30 a.m. and 6:30 p.m. on each  Tuesday  in
25             1995  to  be  allocated to the non-host licensee and
26             purses  for  standardbred  racing  at  the  non-host
27             licensee for that Tuesday.
28             (12)  The Board shall have authority to  compel  all
29        host  tracks to receive the simulcast of any or all races
30        conducted at the Springfield or DuQuoin State fairgrounds
31        and include all such races as  part  of  their  simulcast
32        programs.
33             (13)  Notwithstanding  any  other  provision of this
34        Act, in the event that  the  total  Illinois  pari-mutuel
 
SB1017 Enrolled            -34-                LRB9105678LDmb
 1        handle on Illinois horse races at all wagering facilities
 2        in  any  calendar  year  is  less  than  75% of the total
 3        Illinois pari-mutuel handle on Illinois  horse  races  at
 4        all such wagering facilities for calendar year 1994, then
 5        each  wagering facility that has an annual total Illinois
 6        pari-mutuel handle on Illinois horse races that  is  less
 7        than  75%  of  the  total  Illinois pari-mutuel handle on
 8        Illinois  horse  races  at  such  wagering  facility  for
 9        calendar year 1994, shall be permitted to  receive,  from
10        any  amount otherwise payable to the purse account at the
11        race track with which the wagering facility is affiliated
12        in the succeeding calendar year, an amount equal to 2% of
13        the differential in total Illinois pari-mutuel handle  on
14        Illinois  horse  races  at  the wagering facility between
15        that  calendar  year  in  question  and  1994   provided,
16        however,  that  a wagering facility shall not be entitled
17        to any such payment until the Board certifies in  writing
18        to the wagering facility the amount to which the wagering
19        facility  is  entitled  and a schedule for payment of the
20        amount to the wagering facility, based on: (i) the racing
21        dates awarded to  the  race  track  affiliated  with  the
22        wagering  facility  during  the succeeding year; (ii) the
23        sums available or anticipated  to  be  available  in  the
24        purse  account  of  the  race  track  affiliated with the
25        wagering facility for purses during the succeeding  year;
26        and  (iii)  the  need  to  ensure reasonable purse levels
27        during the  payment  period.  The  Board's  certification
28        shall  be  provided  no  later  than  January  31  of the
29        succeeding  year.  In  the  event  a  wagering   facility
30        entitled  to  a  payment  under  this  paragraph  (13) is
31        affiliated  with  a  race  track  that  maintains   purse
32        accounts  for  both standardbred and thoroughbred racing,
33        the amount to be paid to the wagering facility  shall  be
34        divided between each purse account pro rata, based on the
 
SB1017 Enrolled            -35-                LRB9105678LDmb
 1        amount  of  Illinois  handle on Illinois standardbred and
 2        thoroughbred racing respectively at the wagering facility
 3        during the previous calendar year. Annually, the  General
 4        Assembly  shall  appropriate  sufficient  funds  from the
 5        General Revenue Fund to the Department of Agriculture for
 6        payment into  the  thoroughbred  and  standardbred  horse
 7        racing  purse  accounts  at  Illinois pari-mutuel tracks.
 8        The amount paid to each purse account shall be the amount
 9        certified by the Illinois Racing Board in  January to  be
10        transferred  from  each  account  to each eligible racing
11        facility  in  accordance  with  the  provisions  of  this
12        Section.
13        (h)  The Board may approve and  license  the  conduct  of
14    inter-track  wagering  and  simulcast wagering by inter-track
15    wagering  licensees   and   inter-track   wagering   location
16    licensees subject to the following terms and conditions:
17             (1)  Any  person  licensed to conduct a race meeting
18        at a track where 60 or more days of racing were conducted
19        during the immediately preceding calendar year  or  where
20        over  the  5  immediately  preceding  calendar  years  an
21        average  of  30  or  more  days  of racing were conducted
22        annually or at a  track  located  in  a  county  that  is
23        bounded  by the Mississippi River, which has a population
24        of less than 150,000  according  to  the  1990  decennial
25        census,  and an average of at least 60 days of racing per
26        year between 1985 and 1993 may be issued  an  inter-track
27        wagering   license.  Any  such  person  having  operating
28        control of the racing facility may also receive up  to  6
29        inter-track wagering location licenses. In no event shall
30        more than 6 inter-track wagering locations be established
31        for  each  eligible  race  track, except that an eligible
32        race track located in a county that has a  population  of
33        more  than 230,000 and that is bounded by the Mississippi
34        River  may  establish  up  to  7   inter-track   wagering
 
SB1017 Enrolled            -36-                LRB9105678LDmb
 1        locations. An application for said license shall be filed
 2        with the Board prior to such dates as may be fixed by the
 3        Board.   With  an application for an inter-track wagering
 4        location license there shall be delivered to the Board  a
 5        certified check or bank draft payable to the order of the
 6        Board for an amount equal to $500.  The application shall
 7        be  on  forms prescribed and furnished by the Board.  The
 8        application  shall   comply   with   all   other   rules,
 9        regulations  and  conditions  imposed  by  the  Board  in
10        connection therewith.
11             (2)  The  Board  shall examine the applications with
12        respect to their conformity with this Act and  the  rules
13        and  regulations imposed by the Board.  If found to be in
14        compliance with the Act and rules and regulations of  the
15        Board,  the  Board  may  then  issue a license to conduct
16        inter-track  wagering  and  simulcast  wagering  to  such
17        applicant.  All such applications shall be acted upon  by
18        the  Board at a meeting to be held on such date as may be
19        fixed by the Board.
20             (3)  In granting  licenses  to  conduct  inter-track
21        wagering and simulcast wagering, the Board shall give due
22        consideration  to  the  best  interests of the public, of
23        horse racing, and of maximizing revenue to the State.
24             (4)  Prior to the issuance of a license  to  conduct
25        inter-track   wagering   and   simulcast   wagering,  the
26        applicant shall file with the Board a bond payable to the
27        State of Illinois in the sum of $50,000, executed by  the
28        applicant and a surety company or companies authorized to
29        do  business  in this State, and conditioned upon (i) the
30        payment by the licensee of all taxes due under Section 27
31        or 27.1 and any other monies due and payable  under  this
32        Act,   and   (ii)  distribution  by  the  licensee,  upon
33        presentation of the winning ticket  or  tickets,  of  all
34        sums payable to the patrons of pari-mutuel pools.
 
SB1017 Enrolled            -37-                LRB9105678LDmb
 1             (5)  Each  license  to  conduct inter-track wagering
 2        and simulcast wagering shall specify the person  to  whom
 3        it  is  issued,  the  dates  on  which  such  wagering is
 4        permitted, and the track or location where  the  wagering
 5        is to be conducted.
 6             (6)  All  wagering  under such license is subject to
 7        this Act and to the rules and regulations  from  time  to
 8        time  prescribed  by  the  Board,  and every such license
 9        issued by the Board  shall  contain  a  recital  to  that
10        effect.
11             (7)  An inter-track wagering licensee or inter-track
12        wagering location licensee may accept wagers at the track
13        or  location    where  it  is  licensed,  or as otherwise
14        provided under this Act.
15             (8)  Inter-track  wagering  or  simulcast   wagering
16        shall  not  be  conducted  at any track less than 5 miles
17        from a track at which a racing meeting is in progress.
18             (8.1)  Inter-track wagering location  licensees  who
19        derive  their  licenses  from  a  particular organization
20        licensee shall conduct inter-track wagering and simulcast
21        wagering only at locations which  are  either  within  90
22        miles   of   that   race   track   where  the  particular
23        organization licensee is licensed to conduct  racing,  or
24        within  135 miles of that race track where the particular
25        organization licensee is licensed to  conduct  racing  in
26        the  case of race tracks in counties of less than 400,000
27        that were operating on or before June 1, 1986.   However,
28        inter-track  wagering and simulcast wagering shall not be
29        conducted by those licensees at  any  location  within  5
30        miles of any race track at which a horse race meeting has
31        been  licensed  in  the  current  year, unless the person
32        having operating control of such race track has given its
33        written consent to  such  inter-track  wagering  location
34        licensees,  which consent must be filed with the Board at
 
SB1017 Enrolled            -38-                LRB9105678LDmb
 1        or prior to the time application is made.
 2             (8.2)  Inter-track wagering  or  simulcast  wagering
 3        shall   not  be  conducted  by  an  inter-track  wagering
 4        location licensee at any location within 500 feet  of  an
 5        existing  church  or existing school, nor within 500 feet
 6        of the residences  of  more  than  50  registered  voters
 7        without  receiving  written permission from a majority of
 8        the registered voters at such  residences.  Such  written
 9        permission statements shall be filed with the Board.  The
10        distance  of  500  feet  shall be measured to the nearest
11        part of any building used for worship services, education
12        programs, residential purposes, or conducting inter-track
13        wagering by an inter-track  wagering  location  licensee,
14        and  not  to  property  boundaries.  However, inter-track
15        wagering or simulcast wagering may be conducted at a site
16        within 500 feet of a church, school or residences  of  50
17        or  more  registered  voters  if  such  church, school or
18        residences have been  erected  or  established,  or  such
19        voters  have  been registered, after the Board issues the
20        original inter-track wagering  location  license  at  the
21        site in question. Inter-track wagering location licensees
22        may  conduct  inter-track wagering and simulcast wagering
23        only  in  areas  that  are  zoned   for   commercial   or
24        manufacturing  purposes  or  in areas for which a special
25        use has been approved  by  the  local  zoning  authority.
26        However,  no  license to conduct inter-track wagering and
27        simulcast wagering shall be granted  by  the  Board  with
28        respect  to  any inter-track wagering location within the
29        jurisdiction of any local zoning authority which has,  by
30        ordinance  or by resolution, prohibited the establishment
31        of  an   inter-track   wagering   location   within   its
32        jurisdiction.    However,   inter-track   wagering    and
33        simulcast wagering may be conducted at  a  site  if  such
34        ordinance  or  resolution  is  enacted  after  the  Board
 
SB1017 Enrolled            -39-                LRB9105678LDmb
 1        licenses   the  original  inter-track  wagering  location
 2        licensee for the site in question.
 3             (9)  (Blank).
 4             (10)  An  inter-track  wagering   licensee   or   an
 5        inter-track   wagering   location  licensee  may  retain,
 6        subject to the payment of the  privilege  taxes  and  the
 7        purses, an amount not to exceed 17% of all money wagered.
 8        Each  program  of  racing  conducted  by each inter-track
 9        wagering  licensee  or  inter-track   wagering   location
10        licensee  shall  be  considered a separate racing day for
11        the purpose of determining the daily handle and computing
12        the privilege tax or pari-mutuel tax on such daily handle
13        as provided in Section 27 27.1.
14             (10.1)  Except as  provided  in  subsection  (g)  of
15        Section  27  of  this  Act, inter-track wagering location
16        licensees shall pay 1% of the pari-mutuel handle at  each
17        location  to  the  municipality in which such location is
18        situated  and  1%  of  the  pari-mutuel  handle  at  each
19        location  to  the  county  in  which  such  location   is
20        situated.   In  the  event  that  an inter-track wagering
21        location licensee is situated in an  unincorporated  area
22        of   a   county,  such  licensee  shall  pay  2%  of  the
23        pari-mutuel handle from such location to such county.
24             (10.2)  Notwithstanding any other provision of  this
25        Act,  with respect to intertrack wagering at a race track
26        located in a county that has a population  of  more  than
27        230,000  and  that  is  bounded  by the Mississippi River
28        ("the first race track"), or at a facility operated by an
29        inter-track wagering  licensee  or  inter-track  wagering
30        location  licensee  that  derives  its  license  from the
31        organization licensee that operates the first race track,
32        on races conducted at the first race track  or  on  races
33        conducted    at   another   Illinois   race   track   and
34        simultaneously televised to the first race track or to  a
 
SB1017 Enrolled            -40-                LRB9105678LDmb
 1        facility  operated by an inter-track wagering licensee or
 2        inter-track wagering location licensee that  derives  its
 3        license  from the organization licensee that operates the
 4        first race track, those  moneys  shall  be  allocated  as
 5        follows:
 6                  (A)  That  portion  of  all  moneys  wagered on
 7             standardbred racing that is required under this  Act
 8             to  be  paid  to  purses shall be paid to purses for
 9             standardbred races.
10                  (B)  That portion  of  all  moneys  wagered  on
11             thoroughbred  racing that is required under this Act
12             to be paid to purses shall be  paid  to  purses  for
13             thoroughbred races.
14             (11) (A)  After   payment   of   the   privilege  or
15        pari-mutuel tax, any  other  applicable  taxes,  and  the
16        costs  and  expenses  in  connection  with the gathering,
17        transmission, and dissemination of all data necessary  to
18        the conduct of inter-track wagering, the remainder of the
19        monies  retained  under either Section 26 or Section 26.2
20        of this Act  by  the  inter-track  wagering  licensee  on
21        inter-track  wagering  shall  be allocated with 50% to be
22        split between the 2 participating licensees  and  50%  to
23        purses,  except that an intertrack wagering licensee that
24        derives its license from a track located in a county with
25        a population in excess of 230,000 and  that  borders  the
26        Mississippi   River   shall   not  divide  any  remaining
27        retention with the Illinois  organization  licensee  that
28        provides  the  race  or races, and an intertrack wagering
29        licensee that accepts wagers on  races  conducted  by  an
30        organization  licensee  that  conducts  a  race meet in a
31        county with a population in excess of  230,000  and  that
32        borders  the  Mississippi  River  shall  not  divide  any
33        remaining retention with that organization licensee.
34             (B)  From the sums permitted to be retained pursuant
 
SB1017 Enrolled            -41-                LRB9105678LDmb
 1        to  this  Act each inter-track wagering location licensee
 2        shall pay (i) the privilege or  pari-mutuel  tax  to  the
 3        State;  (ii)  4.75%  4%  of  the  pari-mutuel  handle  on
 4        intertrack  wagering at such location on races as purses,
 5        except that an intertrack wagering location licensee that
 6        derives its license from a track located in a county with
 7        a population in excess of 230,000 and  that  borders  the
 8        Mississippi  River  shall retain all purse moneys for its
 9        own purse account consistent with distribution set  forth
10        in  this subsection (h), and intertrack wagering location
11        licensees that accept wagers on  races  conducted  by  an
12        organization   licensee   located  in  a  county  with  a
13        population in excess of  230,000  and  that  borders  the
14        Mississippi  River  shall  distribute all purse moneys to
15        purses at the operating host track; (iii)  until  January
16        1,  2000, except as provided in subsection (g) of Section
17        27 of this Act, 1% of the pari-mutuel handle  wagered  on
18        inter-track  wagering  and  simulcast  wagering  at  each
19        inter-track  wagering  location  licensee facility to the
20        Horse Racing Tax Allocation Fund, provided that,  to  the
21        extent  the total amount collected and distributed to the
22        Horse Racing Tax Allocation Fund  under  this  subsection
23        (h) during any calendar year exceeds the amount collected
24        and  distributed  to the Horse Racing Tax Allocation Fund
25        during calendar year 1994, that excess  amount  shall  be
26        redistributed  (I)  to  all inter-track wagering location
27        licensees, based on each licensee's pro-rata share of the
28        total handle  from  inter-track  wagering  and  simulcast
29        wagering  for all inter-track wagering location licensees
30        during the calendar  year  in  which  this  provision  is
31        applicable;  then  (II) the amounts redistributed to each
32        inter-track wagering location licensee  as  described  in
33        subpart (I) shall be further redistributed as provided in
34        subparagraph  (B)  of  paragraph (5) of subsection (g) of
 
SB1017 Enrolled            -42-                LRB9105678LDmb
 1        this Section 26 provided first, that the shares of  those
 2        amounts,  which are to be redistributed to the host track
 3        or to purses at the host track under subparagraph (B)  of
 4        paragraph  (5) of subsection (g) of this Section 26 shall
 5        be redistributed based on  each  host  track's  pro  rata
 6        share  of  the  total  inter-track wagering and simulcast
 7        wagering handle at all host tracks  during  the  calendar
 8        year   in   question,   and   second,  that  any  amounts
 9        redistributed as described in part (I) to an  inter-track
10        wagering  location  licensee that accepts wagers on races
11        conducted by an organization  licensee  that  conducts  a
12        race  meet  in  a  county  with a population in excess of
13        230,000 and that borders the Mississippi River  shall  be
14        further  redistributed  as  provided in subparagraphs (D)
15        and (E) of  paragraph  (7)  of  subsection  (g)  of  this
16        Section   26,   with   the   portion   of   that  further
17        redistribution allocated to purses at  that  organization
18        licensee  to  be  divided between standardbred purses and
19        thoroughbred  purses  based  on  the  amounts   otherwise
20        allocated  to purses at that organization licensee during
21        the calendar year  in  question;   and  (iv)  8%  of  the
22        pari-mutuel  handle  on  inter-track  wagering wagered at
23        such location  to  satisfy  all  costs  and  expenses  of
24        conducting  its  wagering.  The  remainder  of the monies
25        retained by the inter-track  wagering  location  licensee
26        shall  be  allocated 40% to the location licensee and 60%
27        to the organization licensee which provides the  Illinois
28        races to the location, except that an intertrack wagering
29        location  licensee  that derives its license from a track
30        located in a  county  with  a  population  in  excess  of
31        230,000  and that borders the Mississippi River shall not
32        divide any  remaining  retention  with  the  organization
33        licensee   that   provides  the  race  or  races  and  an
34        intertrack wagering location licensee that accepts wagers
 
SB1017 Enrolled            -43-                LRB9105678LDmb
 1        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  the
 5        organization licensee. Notwithstanding the provisions  of
 6        clauses  (ii)  and (iv) of this paragraph, in the case of
 7        the additional  inter-track  wagering  location  licenses
 8        authorized  under paragraph (1) of this subsection (h) by
 9        this amendatory Act of 1991, those  licensees  shall  pay
10        the  following  amounts  as  purses:  during the first 12
11        months the licensee is in operation, 5.25%  4.5%  of  the
12        pari-mutuel  handle  wagered  at  the  location on races;
13        during the second 12 months, 5.25% 4.5%; during the third
14        12 months, 5.75% 5%; during the fourth 12  months,  6.25%
15        5.5%;  and  during  the  fifth  12 months and thereafter,
16        6.75% 6%. The following amounts shall be retained by  the
17        licensee  to satisfy all costs and expenses of conducting
18        its wagering: during the first 12 months the licensee  is
19        in  operation,  8.25%  7.5%  of  the  pari-mutuel  handle
20        wagered  at  the  location;  during the second 12 months,
21        8.25% 7.5%; during the third 12 months, 7.75% 7%;  during
22        the fourth 12 months, 7.25% 6.5%; and during the fifth 12
23        months   and   thereafter,   6.75%   6%.  For  additional
24        intertrack wagering location licensees  authorized  under
25        this  amendatory  Act  of  1995,  purses for the first 12
26        months the licensee is in operation shall be 5.75% 5%  of
27        the  pari-mutuel  wagered at the location, purses for the
28        second 12 months the licensee is in  operation  shall  be
29        6.25%  5  1/2%,  and purses thereafter shall be 6.75% 6%.
30        For additional intertrack location  licensees  authorized
31        under  this amendatory Act of 1995, the licensee shall be
32        allowed to retain to  satisfy  all  costs  and  expenses:
33        7.75%  7%  of  the  pari-mutuel  handle  wagered  at  the
34        location  during  its first 12 months of operation, 7.25%
 
SB1017 Enrolled            -44-                LRB9105678LDmb
 1        6.5% during its second 12 months of operation, and 6.75%
 2        6% thereafter.
 3             (C)  There is hereby created the  Horse  Racing  Tax
 4        Allocation  Fund  which  shall  remain in existence until
 5        December 31, 1999.  Moneys remaining in  the  Fund  after
 6        December  31, 1999 shall be paid into the General Revenue
 7        Fund.  Until January 1, 2000, all monies  paid  into  the
 8        Horse   Racing  Tax  Allocation  Fund  pursuant  to  this
 9        paragraph (11) by inter-track wagering location licensees
10        located in park districts of 500,000 population or  less,
11        or in a municipality that is not included within any park
12        district  but  is included within a conservation district
13        and is the county seat of a county that (i) is contiguous
14        to the state of Indiana and (ii) has a 1990 population of
15        88,257 according to  the  United  States  Bureau  of  the
16        Census,  and  operating on May 1, 1994 shall be allocated
17        by appropriation as follows:
18                  Two-sevenths to the Department of  Agriculture.
19             Fifty  percent of this two-sevenths shall be used to
20             promote  the  Illinois  horse  racing  and  breeding
21             industry, and shall be distributed by the Department
22             of  Agriculture  upon  the  advice  of  a   9-member
23             committee  appointed  by  the Governor consisting of
24             the following members: the Director of  Agriculture,
25             who  shall  serve  as chairman; 2 representatives of
26             organization licensees conducting thoroughbred  race
27             meetings   in   this  State,  recommended  by  those
28             licensees;   2   representatives   of   organization
29             licensees conducting standardbred race  meetings  in
30             this   State,  recommended  by  those  licensees;  a
31             representative of the Illinois Thoroughbred Breeders
32             and   Owners   Foundation,   recommended   by   that
33             Foundation;  a  representative   of   the   Illinois
34             Standardbred   Owners   and   Breeders  Association,
 
SB1017 Enrolled            -45-                LRB9105678LDmb
 1             recommended by that Association; a representative of
 2             the Horsemen's Benevolent and Protective Association
 3             or any successor organization thereto established in
 4             Illinois comprised of the largest number  of  owners
 5             and  trainers,  recommended  by  that Association or
 6             that successor organization; and a representative of
 7             the   Illinois   Harness   Horsemen's   Association,
 8             recommended by that Association.  Committee  members
 9             shall serve for terms of 2 years, commencing January
10             1  of  each even-numbered year.  If a representative
11             of any of the  above-named  entities  has  not  been
12             recommended  by January 1 of any even-numbered year,
13             the Governor shall appoint  a  committee  member  to
14             fill that position.  Committee members shall receive
15             no  compensation  for  their services as members but
16             shall be reimbursed for  all  actual  and  necessary
17             expenses   and   disbursements   incurred   in   the
18             performance of their official duties.  The remaining
19             50%  of  this  two-sevenths  shall be distributed to
20             county fairs for premiums and rehabilitation as  set
21             forth in the Agricultural Fair Act;
22                  Four-sevenths     to    park    districts    or
23             municipalities that do not have a park  district  of
24             500,000  population  or less for museum purposes (if
25             an inter-track wagering location licensee is located
26             in  such  a  park  district)  or   to   conservation
27             districts  for  museum  purposes  (if an inter-track
28             wagering  location  licensee   is   located   in   a
29             municipality  that  is  not included within any park
30             district  but  is  included  within  a  conservation
31             district and is the county seat of a county that (i)
32             is contiguous to the state of Indiana and (ii) has a
33             1990 population of 88,257 according  to  the  United
34             States  Bureau  of  the  Census,  except that if the
 
SB1017 Enrolled            -46-                LRB9105678LDmb
 1             conservation district does not  maintain  a  museum,
 2             the  monies  shall  be allocated equally between the
 3             county and the municipality in which the inter-track
 4             wagering location licensee is  located  for  general
 5             purposes)  or  to  a  municipal recreation board for
 6             park purposes (if an inter-track  wagering  location
 7             licensee  is  located  in a municipality that is not
 8             included  within  any   park   district   and   park
 9             maintenance   is   the  function  of  the  municipal
10             recreation board and the  municipality  has  a  1990
11             population  of  9,302 according to the United States
12             Bureau of the Census); provided that the monies  are
13             distributed  to  each  park district or conservation
14             district or municipality that does not have  a  park
15             district  in an amount equal to four-sevenths of the
16             amount  collected  by  each   inter-track   wagering
17             location   licensee  within  the  park  district  or
18             conservation district or municipality for the  Fund.
19             Monies  that  were  paid  into  the Horse Racing Tax
20             Allocation Fund before the effective  date  of  this
21             amendatory  Act  of  1991 by an inter-track wagering
22             location licensee located in a municipality that  is
23             not   included  within  any  park  district  but  is
24             included within a conservation district as  provided
25             in  this  paragraph  shall,  as  soon as practicable
26             after the effective date of this amendatory  Act  of
27             1991,  be  allocated  and  paid to that conservation
28             district as provided in  this  paragraph.  Any  park
29             district  or  municipality  not maintaining a museum
30             may deposit the monies in the corporate fund of  the
31             park  district or municipality where the inter-track
32             wagering location is located, to be used for general
33             purposes; and
34                  One-seventh to the Agricultural Premium Fund to
 
SB1017 Enrolled            -47-                LRB9105678LDmb
 1             be  used  for  distribution  to  agricultural   home
 2             economics  extension councils in accordance with "An
 3             Act in relation to additional support  and  finances
 4             for  the  Agricultural  and  Home Economic Extension
 5             Councils in the several counties of this  State  and
 6             making an appropriation therefor", approved July 24,
 7             1967.
 8             Until  January  1,  2000, all other monies paid into
 9        the Horse Racing Tax Allocation  Fund  pursuant  to  this
10        paragraph  (11)  shall  be  allocated by appropriation as
11        follows:
12                  Two-sevenths to the Department of  Agriculture.
13             Fifty  percent of this two-sevenths shall be used to
14             promote  the  Illinois  horse  racing  and  breeding
15             industry, and shall be distributed by the Department
16             of  Agriculture  upon  the  advice  of  a   9-member
17             committee  appointed  by  the Governor consisting of
18             the following members: the Director of  Agriculture,
19             who  shall  serve  as chairman; 2 representatives of
20             organization licensees conducting thoroughbred  race
21             meetings   in   this  State,  recommended  by  those
22             licensees;   2   representatives   of   organization
23             licensees conducting standardbred race  meetings  in
24             this   State,  recommended  by  those  licensees;  a
25             representative of the Illinois Thoroughbred Breeders
26             and   Owners   Foundation,   recommended   by   that
27             Foundation;  a  representative   of   the   Illinois
28             Standardbred   Owners   and   Breeders  Association,
29             recommended by that Association; a representative of
30             the Horsemen's Benevolent and Protective Association
31             or any successor organization thereto established in
32             Illinois comprised of the largest number  of  owners
33             and  trainers,  recommended  by  that Association or
34             that successor organization; and a representative of
 
SB1017 Enrolled            -48-                LRB9105678LDmb
 1             the   Illinois   Harness   Horsemen's   Association,
 2             recommended by that Association.  Committee  members
 3             shall serve for terms of 2 years, commencing January
 4             1  of  each even-numbered year.  If a representative
 5             of any of the  above-named  entities  has  not  been
 6             recommended  by January 1 of any even-numbered year,
 7             the Governor shall appoint  a  committee  member  to
 8             fill that position.  Committee members shall receive
 9             no  compensation  for  their services as members but
10             shall be reimbursed for  all  actual  and  necessary
11             expenses   and   disbursements   incurred   in   the
12             performance of their official duties.  The remaining
13             50%  of  this  two-sevenths  shall be distributed to
14             county fairs for premiums and rehabilitation as  set
15             forth in the Agricultural Fair Act;
16                  Four-sevenths  to museums and aquariums located
17             in  park  districts  of  over  500,000   population;
18             provided   that   the   monies  are  distributed  in
19             accordance with the previous year's distribution  of
20             the  maintenance  tax for such museums and aquariums
21             as provided  in  Section  2  of  the  Park  District
22             Aquarium and Museum Act; and
23                  One-seventh to the Agricultural Premium Fund to
24             be   used  for  distribution  to  agricultural  home
25             economics extension councils in accordance with  "An
26             Act  in  relation to additional support and finances
27             for the Agricultural  and  Home  Economic  Extension
28             Councils  in  the several counties of this State and
29             making an appropriation therefor", approved July 24,
30             1967. This subparagraph (C) shall be inoperative and
31             of no force and effect on and after January 1, 2000.
32             
33                  (D)  Except as provided in  paragraph  (11)  of
34             this   subsection   (h),   with   respect  to  purse
 
SB1017 Enrolled            -49-                LRB9105678LDmb
 1             allocation from intertrack wagering, the  monies  so
 2             retained shall be divided as follows:
 3                       (i)  If the inter-track wagering licensee,
 4                  except  an  intertrack  wagering  licensee that
 5                  derives  its  license  from   an   organization
 6                  licensee  located in a county with a population
 7                  in  excess  of  230,000  and  bounded  by   the
 8                  Mississippi  River,  is  not conducting its own
 9                  race meeting during the same  dates,  then  the
10                  entire  purse  allocation shall be to purses at
11                  the track where the races wagered on are  being
12                  conducted.
13                       (ii)  If    the    inter-track    wagering
14                  licensee,   except   an   intertrack   wagering
15                  licensee  that  derives  its  license  from  an
16                  organization  licensee located in a county with
17                  a population in excess of 230,000  and  bounded
18                  by  the  Mississippi  River, is also conducting
19                  its own race meeting  during  the  same  dates,
20                  then  the purse allocation shall be as follows:
21                  50% to purses at  the  track  where  the  races
22                  wagered  on  are being conducted; 50% to purses
23                  at the track  where  the  inter-track  wagering
24                  licensee is accepting such wagers.
25                       (iii)  If   the  inter-track  wagering  is
26                  being  conducted  by  an  inter-track  wagering
27                  location   licensee,   except   an   intertrack
28                  wagering location  licensee  that  derives  its
29                  license  from  an organization licensee located
30                  in a county with  a  population  in  excess  of
31                  230,000  and  bounded by the Mississippi River,
32                  the entire purse allocation for Illinois  races
33                  shall  be to purses at the track where the race
34                  meeting being wagered on is being held.
 
SB1017 Enrolled            -50-                LRB9105678LDmb
 1             (12)  The Board shall have all powers necessary  and
 2        proper  to  fully  supervise  and  control the conduct of
 3        inter-track   wagering   and   simulcast   wagering    by
 4        inter-track  wagering  licensees and inter-track wagering
 5        location licensees, including, but  not  limited  to  the
 6        following:
 7                  (A)  The   Board   is   vested  with  power  to
 8             promulgate reasonable rules and regulations for  the
 9             purpose   of   administering  the  conduct  of  this
10             wagering  and   to   prescribe   reasonable   rules,
11             regulations and conditions under which such wagering
12             shall   be  held  and  conducted.   Such  rules  and
13             regulations are to provide  for  the  prevention  of
14             practices detrimental to the public interest and for
15             the  best  interests  of said wagering and to impose
16             penalties for violations thereof.
17                  (B)  The Board, and any person  or  persons  to
18             whom  it  delegates  this  power, is vested with the
19             power to enter the facilities  of  any  licensee  to
20             determine whether there has been compliance with the
21             provisions of this Act and the rules and regulations
22             relating to the conduct of such wagering.
23                  (C)  The  Board,  and  any person or persons to
24             whom it delegates this power, may eject  or  exclude
25             from  any  licensee's  facilities,  any person whose
26             conduct or reputation is such that his  presence  on
27             such premises may, in the opinion of the Board, call
28             into  the  question the honesty and integrity of, or
29             interfere with the orderly conduct of such wagering;
30             provided, however, that no person shall be  excluded
31             or  ejected from such premises solely on the grounds
32             of race, color, creed, national origin, ancestry, or
33             sex.
34                  (D)  (Blank).
 
SB1017 Enrolled            -51-                LRB9105678LDmb
 1                  (E)  The Board is  vested  with  the  power  to
 2             appoint  delegates  to  execute  any  of  the powers
 3             granted to it under this Section for the purpose  of
 4             administering   this  wagering  and  any  rules  and
 5             regulations promulgated in accordance with this Act.
 6                  (F)  The Board shall name and appoint  a  State
 7             director   of   this   wagering   who   shall  be  a
 8             representative of the Board and whose duty it  shall
 9             be  to supervise the conduct of inter-track wagering
10             as may be provided for by the rules and  regulations
11             of  the  Board;  such  rules  and  regulation  shall
12             specify the method of appointment and the Director's
13             powers, authority and duties.
14                  (G)  The  Board  is  vested  with  the power to
15             impose civil  penalties  of  up  to  $5,000  against
16             individuals  and up to $10,000 against licensees for
17             each violation of any provision of this Act relating
18             to the conduct of this wagering, any  rules  adopted
19             by  the  Board,  any order of the Board or any other
20             action  which  in  the  Board's  discretion,  is   a
21             detriment or impediment to such wagering.
22             (13)  The  Department  of Agriculture may enter into
23        agreements with licensees authorizing such  licensees  to
24        conduct  inter-track  wagering on races to be held at the
25        licensed race meetings conducted  by  the  Department  of
26        Agriculture.    Such agreement shall specify the races of
27        the Department of  Agriculture's  licensed  race  meeting
28        upon  which the licensees will conduct wagering.   In the
29        event that a licensee  conducts  inter-track  pari-mutuel
30        wagering on races from the Illinois State Fair or DuQuoin
31        State  Fair  which  are  in  addition  to  the licensee's
32        previously approved racing program, those races shall  be
33        considered  a  separate  racing  day  for  the purpose of
34        determining the daily handle and computing the privilege
 
SB1017 Enrolled            -52-                LRB9105678LDmb
 1        or pari-mutuel tax on that daily handle  as  provided  in
 2        Sections  27 and 27.1.  Such agreements shall be approved
 3        by the Board before such wagering may be  conducted.   In
 4        determining  whether  to  grant approval, the Board shall
 5        give due consideration  to  the  best  interests  of  the
 6        public and of horse racing.  The provisions of paragraphs
 7        (1),  (8),  (8.1),  and  (8.2)  of subsection (h) of this
 8        Section which are not specified in  this  paragraph  (13)
 9        shall  not  apply  to licensed race meetings conducted by
10        the Department of Agriculture at the Illinois State  Fair
11        in  Sangamon  County  or  the DuQuoin State Fair in Perry
12        County, or  to  any  wagering  conducted  on  those  race
13        meetings.
14        (i)  Notwithstanding  the  other  provisions of this Act,
15    the conduct of wagering at wagering facilities is  authorized
16    on  all  days, except as limited by subsection (b) of Section
17    19 of this Act.
18    (Source: P.A. 88-358;  88-572,  eff.  8-11-94;  88-661,  eff.
19    9-16-94; 89-16, eff. 5-30-95.)

20        (230 ILCS 5/26.1) (from Ch. 8, par. 37-26.1)
21        Sec.   26.1.   For  all  pari-mutuel  wagering  conducted
22    pursuant to this Act, breakage shall be at all times computed
23    on the basis of not to exceed 10¢ on the dollar.  If there is
24    a minus pool, the breakage shall be computed on the basis  of
25    not  to exceed 5¢ on the dollar. Breakage shall be calculated
26    only after the amounts  retained  by  licensees  pursuant  to
27    Sections  26  and  26.2  of  this  Act,  and  all  applicable
28    surcharges, are taken out of winning wagers and winnings from
29    wagers.  Beginning  January  1,  2000,  all breakage shall be
30    retained by licensees, with 50% of breakage  to  be  used  by
31    licensees  for  racetrack  improvements at the racetrack from
32    which  the  wagering  facility  derives  its  license.    The
33    remaining 50% is to be allocated 50% to the purse account for
 
SB1017 Enrolled            -53-                LRB9105678LDmb
 1    the  licensee  from  which  the wagering facility derives its
 2    license and 50% to the licensee.
 3    (Source: P.A. 89-16, eff. 5-30-95.)

 4        (230 ILCS 5/27) (from Ch. 8, par. 37-27)
 5        Sec. 27.  (a) In addition to the organization license fee
 6    provided by this Act, until  January  1,  2000,  a  graduated
 7    privilege   tax   is   hereby   imposed  for  conducting  the
 8    pari-mutuel system of  wagering  permitted  under  this  Act.
 9    Until  January  1, 2000, except as provided in subsection (g)
10    of Section 27 of this Act, all of the breakage of each racing
11    day held by any licensee in the State shall be  paid  to  the
12    State.  Until January 1, 2000, such daily graduated privilege
13    tax shall be paid by the licensee from the  amount  permitted
14    to  be  retained  under this Act. Until January 1, 2000, each
15    day's graduated privilege tax, breakage, and Horse Racing Tax
16    Allocation funds shall  be  remitted  to  the  Department  of
17    Revenue  within  48  hours  after the close of the racing day
18    upon which it is assessed or within such other  time  as  the
19    Board  prescribes.   The  privilege tax hereby imposed, until
20    January 1, 2000, shall be a flat tax at the rate of 2% of the
21    daily pari-mutuel handle except as provided in Section 27.1.
22        In  addition,  every  organization  licensee,  except  as
23    provided in Section 27.1 of this Act, which conducts multiple
24    wagering shall pay, until January 1, 2000, as a privilege tax
25    on multiple wagers an amount equal to  1.25%  of  all  moneys
26    wagered  each day on such multiple wagers, plus an additional
27    amount equal to 3.5% of the amount wagered each  day  on  any
28    other multiple wager which involves a single betting interest
29    on  3  or more horses. The licensee shall remit the amount of
30    such taxes to the Department of Revenue within 48 hours after
31    the close of the racing day on which it is assessed or within
32    such other time as the Board prescribes.
33        This subsection (a) shall be inoperative and of no  force
 
SB1017 Enrolled            -54-                LRB9105678LDmb
 1    and effect on and after January 1, 2000.
 2        (a-5)  Beginning  on  January 1, 2000, a flat pari-mutuel
 3    tax at the rate of 1.5% of the daily  pari-mutuel  handle  is
 4    imposed  at  all pari-mutuel wagering facilities, which shall
 5    be remitted to the Department  of  Revenue  within  48  hours
 6    after  the  close of the racing day upon which it is assessed
 7    or within such other time as the Board prescribes.
 8        (b)  On or before December 31, 1999, in  the  event  that
 9    any  organization  licensee  conducts  2 separate programs of
10    races on any day, each such program  shall  be  considered  a
11    separate  racing  day  for  purposes of determining the daily
12    handle and computing the privilege tax on such  daily  handle
13    as provided in subsection (a) of this Section.
14        (c)  Licensees shall at all times keep accurate books and
15    records  of  all monies wagered on each day of a race meeting
16    and of the taxes paid to the Department of Revenue under  the
17    provisions of this Section.  The Board or its duly authorized
18    representative  or  representatives  shall  at all reasonable
19    times  have  access  to  such  records  for  the  purpose  of
20    examining and checking the same and ascertaining whether  the
21    proper  amount of taxes is being paid as provided.  The Board
22    shall require verified reports and a statement of  the  total
23    of  all  monies  wagered daily at each wagering facility upon
24    which the taxes are assessed and  may  prescribe  forms  upon
25    which such reports and statement shall be made.
26        (d)  Any  licensee  failing or refusing to pay the amount
27    of any tax due under  this  Section  shall  be  guilty  of  a
28    business  offense and upon conviction shall be fined not more
29    than $5,000 in addition to the amount found due as tax  under
30    this  Section.   Each  day's  violation  shall  constitute  a
31    separate  offense.   All  fines paid into Court by a licensee
32    hereunder shall be transmitted and paid over by the Clerk  of
33    the Court to the Board.
34        (e)  No  other license fee, privilege tax, excise tax, or
 
SB1017 Enrolled            -55-                LRB9105678LDmb
 1    racing fee, except as provided in this Act, shall be assessed
 2    or collected from any such licensee by the State.
 3        (f)  No other license fee, privilege tax, excise  tax  or
 4    racing  fee  shall  be  assessed  or  collected from any such
 5    licensee  by units of local government except as provided  in
 6    paragraph  10.1  of  subsection  (h)  and  subsection  (f) of
 7    Section 26 of this Act.  However, any municipality that has a
 8    Board licensed horse race meeting  at  a  race  track  wholly
 9    within  its  corporate  boundaries  or  a township that has a
10    Board licensed horse race meeting  at  a  race  track  wholly
11    within  the  unincorporated area of the township may charge a
12    local amusement tax not to exceed 10¢ per admission  to  such
13    horse   race  meeting  by  the  enactment  of  an  ordinance.
14    However, any municipality or county that has a Board licensed
15    inter-track wagering  location  facility  wholly  within  its
16    corporate  boundaries may each impose an admission fee not to
17    exceed $1.00  per  admission  to  such  inter-track  wagering
18    location facility, so that a total of not more than $2.00 per
19    admission may be imposed.  Except as provided in subparagraph
20    (g)  of  Section  27  of  this  Act, the inter-track wagering
21    location licensee shall collect any and  all  such  fees  and
22    within  48  hours  remit  the fees to the Board, which shall,
23    pursuant to rule, cause the fees to  be  distributed  to  the
24    county or municipality.
25        (g)  Notwithstanding  any  provision  in  this Act to the
26    contrary, if in any calendar year the total  taxes  and  fees
27    required to be collected from licensees and distributed under
28    this  Act  to  all  State  and local governmental authorities
29    exceeds the amount of such taxes and fees distributed to each
30    State and local governmental authority to  which  each  State
31    and  local governmental authority was entitled under this Act
32    for calendar year 1994, then the first $11  million  of  that
33    excess  amount  shall  be  allocated at the earliest possible
34    date for distribution  as  purse  money  for  the  succeeding
 
SB1017 Enrolled            -56-                LRB9105678LDmb
 1    calendar  year.   Upon reaching the 1994 level, and until the
 2    excess amount of taxes and  fees  exceeds  $11  million,  the
 3    Board  shall direct all licensees to cease paying the subject
 4    taxes and fees and the Board shall direct  all  licensees  to
 5    allocate any such excess amount for purses as follows:
 6             (i)  the  excess  amount  shall be initially divided
 7        between thoroughbred and standardbred purses based on the
 8        thoroughbred's and standardbred's respective  percentages
 9        of total Illinois live wagering in calendar year 1994;
10             (ii)  each     thoroughbred     and     standardbred
11        organization  licensee issued an organization licensee in
12        that succeeding allocation year (provided  that  licensee
13        was  also  an  organization licensee during the preceding
14        year) shall be allocated an amount equal to  the  product
15        of  its percentage of total Illinois live thoroughbred or
16        standardbred wagering in calendar year 1994 (the total to
17        be determined based on the sum of 1994 on-track  wagering
18        for   all  organization  licensees  issued   organization
19        licenses in both the allocation year  and  the  preceding
20        year)  multiplied  by  the  total  amount  allocated  for
21        standardbred  or  thoroughbred  purses, provided that the
22        first $1,500,000 of the amount allocated to  standardbred
23        purses   under   item  (i)  shall  be  allocated  to  the
24        Department  of  Agriculture  to  be  expended  with   the
25        assistance   and  advice  of  the  Illinois  Standardbred
26        Breeders Funds Advisory Board for the purposes listed  in
27        subsection  (g)  of  Section  31  of this Act, before the
28        amount allocated to standardbred purses under item (i) is
29        allocated to standardbred organization licensees  in  the
30        succeeding allocation year.
31        To  the  extent the excess amount of taxes and fees to be
32    collected and distributed to  State  and  local  governmental
33    authorities  exceeds $11 million, that excess amount shall be
34    collected and distributed to State and local  authorities  as
 
SB1017 Enrolled            -57-                LRB9105678LDmb
 1    provided for under this Act.
 2    (Source:  P.A.  88-495;  89-16,  eff.  5-30-95;  89-499, eff.
 3    6-28-96.)

 4        (230 ILCS 5/27.1) (from Ch. 8, par. 37-27.1)
 5        Sec.  27.1.   Every  organization  licensee  whose  track
 6    facilities are operating in counties under 400,000 population
 7    on or before June 1,  1986,  shall  be  subject  to  a  daily
 8    graduated   tax   of  1%  of  the  first  $400,000  of  daily
 9    pari-mutuel handle  and  2%  of  such  handle  in  excess  of
10    $400,000.
11        Every   inter-track  wagering  licensee  and  inter-track
12    wagering location  licensee  shall  be  subject  to  a  daily
13    graduated  tax  of  1%  of  the  first  $400,000 of its daily
14    pari-mutuel handle  and  2%  of  such  handle  in  excess  of
15    $400,000.
16        Every  organization  licensee  whose track facilities are
17    operating in counties under 400,000 population on  or  before
18    June   1,  1986,  every  inter-track  wagering  licensee  and
19    inter-track wagering  location  licensee,  shall  pay,  until
20    January  1,  2000,  as  a privilege tax on multiple wagers an
21    amount equal to .75% of all moneys wagered each day  on  such
22    multiple  wagers,  plus, until January 1, 2000, an additional
23    amount equal to 2.5% of the amount wagered each  day  on  any
24    other multiple wager which involves a single betting interest
25    on 3 or more horses.
26        This Section is repealed on January 1, 2000.
27    (Source: P.A. 88-495; 89-16, eff. 5-30-95.)

28        (230 ILCS 5/28) (from Ch. 8, par. 37-28)
29        Sec. 28.  Except as provided in subsection (g) of Section
30    27  of  this  Act,  moneys  collected  shall  be  distributed
31    according to the provisions of this Section 28.
32        (a)  Thirty  per cent of the total of all monies received
 
SB1017 Enrolled            -58-                LRB9105678LDmb
 1    by the State as  privilege  taxes  shall  be  paid  into  the
 2    Metropolitan  Fair  and  Exposition  Authority Reconstruction
 3    Fund  in  the  State  treasury  until  such   Fund   contains
 4    sufficient money to pay in full, both principal and interest,
 5    all  of the outstanding bonds issued pursuant to the Fair and
 6    Exposition Authority Reconstruction Act, approved   July  31,
 7    1967,  as  amended,  and  thereafter  shall  be paid into the
 8    Metropolitan Exposition Auditorium and Office  Building  Fund
 9    in the State Treasury.
10        (b)  Four  and  one-half  per  cent  of  the total of all
11    monies received by the State as privilege taxes shall be paid
12    into the State treasury into a special Fund to  be  known  as
13    the "Metropolitan Exposition, Auditorium, and Office Building
14    Fund".
15        (c)  Fifty  per  cent of the total of all monies received
16    by the State as privilege taxes under the provisions of  this
17    Act shall be paid into the "Agricultural Premium Fund".
18        (d)  Seven  per  cent of the total of all monies received
19    by the State as privilege taxes shall be paid into  the  Fair
20    and Exposition Fund in the State treasury; provided, however,
21    that  when  all  bonds  issued  prior  to July 1, 1984 by the
22    Metropolitan Fair and Exposition Authority  shall  have  been
23    paid or payment shall have been provided for upon a refunding
24    of  those bonds, thereafter 1/12 of $1,665,662 of such monies
25    shall be paid each month into the Build  Illinois  Fund,  and
26    the  remainder into the Fair and Exposition Fund.  All excess
27    monies shall be allocated to the  Department  of  Agriculture
28    for   distribution   to   county   fairs   for  premiums  and
29    rehabilitation as set forth in the Agricultural Fair Act.
30        (e)  The monies provided for in Section 30 shall be  paid
31    into the Illinois Thoroughbred Breeders Fund.
32        (f)  The  monies provided for in Section 31 shall be paid
33    into the Illinois Standardbred Breeders Fund.
34        (g)  Until January 1, 2000, that part representing 1/2 of
 
SB1017 Enrolled            -59-                LRB9105678LDmb
 1    the  total  breakage  in  Thoroughbred,  Harness,  Appaloosa,
 2    Arabian, and Quarter Horse racing in the State shall be  paid
 3    into   the   "Illinois   Race   Track  Improvement  Fund"  as
 4    established in Section 32.
 5        (h)  All other monies received by the  Board  under  this
 6    Act shall be paid into the General Revenue Fund of the State.
 7        (i)  The   salaries  of  the  Board  members,  secretary,
 8    stewards,    directors     of     mutuels,     veterinarians,
 9    representatives,    accountants,    clerks,    stenographers,
10    inspectors and other employees of the Board, and all expenses
11    of  the  Board  incident  to  the administration of this Act,
12    including, but not limited  to,  all  expenses  and  salaries
13    incident  to  the  taking  of  saliva  and  urine  samples in
14    accordance with the rules and regulations of the Board  shall
15    be paid out of the Agricultural Premium Fund.
16        (j)  The Agricultural Premium Fund shall also be used:
17             (1)  for  the  expenses  of  operating  the Illinois
18        State Fair and the  DuQuoin  State  Fair,  including  the
19        payment of prize money or premiums;
20             (2)  for   the   distribution   to   county   fairs,
21        vocational   agriculture   section   fairs,  agricultural
22        societies, and agricultural extension clubs in accordance
23        with the "Agricultural Fair Act", as amended;
24             (3)  for  payment  of  prize  monies  and   premiums
25        awarded  and for expenses incurred in connection with the
26        International Livestock Exposition and the  Mid-Continent
27        Livestock  Exposition  held  in Illinois, which premiums,
28        and awards must be approved, and  paid  by  the  Illinois
29        Department of Agriculture;
30             (4)  for  personal  service  of  county agricultural
31        advisors and county home advisors;
32             (5)  for distribution to agricultural home  economic
33        extension councils in accordance with "An Act in relation
34        to  additional  support  and finance for the Agricultural
 
SB1017 Enrolled            -60-                LRB9105678LDmb
 1        and Home  Economic  Extension  Councils  in  the  several
 2        counties  in  this  State  and  making  an  appropriation
 3        therefor", approved July 24, 1967, as amended;
 4             (6)  for  research  on  equine  disease, including a
 5        development center therefor;
 6             (7)  for training scholarships for study  on  equine
 7        diseases  to  students  at  the  University  of  Illinois
 8        College of Veterinary Medicine;
 9             (8)  for  the rehabilitation, repair and maintenance
10        of the Illinois and DuQuoin State Fair  Grounds  and  the
11        structures and facilities thereon and the construction of
12        permanent  improvements  on  such Fair Grounds, including
13        such structures, facilities and property located on  such
14        State  Fair  Grounds  which  are  under  the  custody and
15        control of the Department of Agriculture;
16             (9)  for  the  expenses   of   the   Department   of
17        Agriculture   under   Section   6.01a   of   "The   Civil
18        Administrative Code of Illinois", as amended;
19             (10)  for the expenses of the Department of Commerce
20        and  Community Affairs under Sections 6.18a, 46.24, 46.25
21        and 46.26 of "The Civil Administrative Code of Illinois",
22        as amended;
23             (11)  for remodeling, expanding, and  reconstructing
24        facilities  destroyed  by fire of any Fair and Exposition
25        Authority in counties with a population of  1,000,000  or
26        more inhabitants;
27             (12)  for  the  purpose of assisting in the care and
28        general rehabilitation of disabled veterans  of  any  war
29        and their surviving spouses and orphans;
30             (13)  for expenses of the Department of State Police
31        for duties performed under this Act;
32             (14)  for  the  Department  of  Agriculture for soil
33        surveys and soil and water conservation purposes;
34             (15)  for the Department of Agriculture  for  grants
 
SB1017 Enrolled            -61-                LRB9105678LDmb
 1        to the City of Chicago for conducting the Chicagofest.
 2        (k)  To  the  extent that monies paid by the Board to the
 3    Agricultural Premium Fund are in the opinion of the  Governor
 4    in  excess  of  the  amount necessary for the purposes herein
 5    stated, the Governor shall notify  the  Comptroller  and  the
 6    State  Treasurer  of  such  fact,  who,  upon receipt of such
 7    notification, shall transfer  such  excess  monies  from  the
 8    Agricultural Premium Fund to the General Revenue Fund.
 9    (Source: P.A. 89-16, eff. 5-30-95.)

10        (230 ILCS 5/28.1 new)
11        Sec. 28.1.  Payments.
12        (a)  Beginning  on  January  1, 2000, moneys collected by
13    the Department of Revenue and the Racing  Board  pursuant  to
14    Section  26 or Section 27 of this Act shall be deposited into
15    the Horse Racing Fund, which is hereby created as  a  special
16    fund in the State Treasury.
17        (b)  Appropriations, as approved by the General Assembly,
18    may  be  made  from the Horse Racing Fund to the Board to pay
19    the salaries  of  the  Board  members,  secretary,  stewards,
20    directors   of   mutuels,   veterinarians,   representatives,
21    accountants,  clerks,  stenographers,  inspectors  and  other
22    employees  of  the  Board,  and  all  expenses  of  the Board
23    incident to the administration of this  Act,  including,  but
24    not  limited  to,  all  expenses and salaries incident to the
25    taking of saliva and urine samples  in  accordance  with  the
26    rules and regulations of the Board.
27        (c)  Beginning  on  January  1,  2000,  the  Board  shall
28    transfer  the  remainder  of  the funds generated pursuant to
29    Sections 26 and 27  from  the  Horse  Racing  Fund  into  the
30    General Revenue Fund.
31        (d)  Beginning  January 1, 2000, payments to all programs
32    in existence on the effective date of this amendatory Act  of
33    1999   that   are   identified   in  Sections  26(c),  26(f),
 
SB1017 Enrolled            -62-                LRB9105678LDmb
 1    26(h)(11)(C), and 28, subsections (a), (b),  (c),  (d),  (e),
 2    (f),  (g),  and  (h) of Section 30, and subsections (a), (b),
 3    (c), (d), (e), (f), (g), and (h) of Section 31 shall be  made
 4    from   the   General  Revenue  Fund  at  the  funding  levels
 5    determined by amounts paid under this Act  in  calendar  year
 6    1998.

 7        (230 ILCS 5/29) (from Ch. 8, par. 37-29)
 8        Sec.  29.   (a)  After  the  privilege or pari-mutuel tax
 9    established in Sections 26(f), 27, and 27.1 is  paid  to  the
10    State  from  the monies retained by the organization licensee
11    pursuant to Sections 26, 26.2, and  26.3,  the  remainder  of
12    those  monies  retained  pursuant  to  Sections  26 and 26.2,
13    except as provided in subsection (g) of Section  27  of  this
14    Act,  shall  be allocated evenly to the organization licensee
15    and as purses.
16        (b)  (Blank).
17        (c)  (Blank).
18        (d)  Each organization licensee and inter-track  wagering
19    licensee  from  the money retained for purses as set forth in
20    subsection (a) of this Section, shall pay to an  organization
21    representing  the largest number of horse owners and trainers
22    which  has  negotiated  a  contract  with  the   organization
23    licensee  for  such purpose an amount equal to at least 1% of
24    the  organization   licensee's   and   inter-track   wagering
25    licensee's retention of the pari-mutuel handle for the racing
26    season.   Each  inter-track  wagering location licensee, from
27    the 4% of its handle required to  be  paid  as  purses  under
28    paragraph  (11)  of subsection (h) of Section 26 of this Act,
29    shall pay to  the  contractually  established  representative
30    organization  2%  of  that  4%, provided that the payments so
31    made to the organization shall not exceed a total of $125,000
32    in any calendar year.  Such contract shall be negotiated  and
33    signed prior to the beginning of the racing season.
 
SB1017 Enrolled            -63-                LRB9105678LDmb
 1    (Source: P.A. 89-16, eff. 5-30-95.)

 2        (230 ILCS 5/30) (from Ch. 8, par. 37-30)
 3        Sec.  30.   (a)  The General Assembly declares that it is
 4    the policy  of  this  State  to  encourage  the  breeding  of
 5    thoroughbred  horses  in this State and the ownership of such
 6    horses by residents of this State in order  to  provide  for:
 7    sufficient  numbers  of  high quality thoroughbred horses  to
 8    participate in thoroughbred racing meetings  in  this  State,
 9    and to establish and preserve the agricultural and commercial
10    benefits  of such breeding and racing industries to the State
11    of Illinois.  It is the intent of  the  General  Assembly  to
12    further this policy by the provisions of this Act.
13        (b)  Each organization licensee conducting a thoroughbred
14    racing  meeting  pursuant  to this Act shall provide at least
15    two races each day limited to Illinois conceived  and  foaled
16    horses  or  Illinois  foaled  horses or both.  A minimum of 6
17    races shall  be  conducted  each  week  limited  to  Illinois
18    conceived  and  foaled or Illinois foaled horses or both.  No
19    horses shall be permitted to start in such races unless  duly
20    registered under the rules of the Department of Agriculture.
21        (c)  Conditions  of  races  under subsection (b) shall be
22    commensurate with past performance,  quality,  and  class  of
23    Illinois  conceived  and  foaled  and  Illinois foaled horses
24    available.  If, however, sufficient competition cannot be had
25    among horses of that class on any day, the  races  may,  with
26    consent  of  the  Board,  be  eliminated  for  that  day  and
27    substitute races provided.
28        (d)  There  is hereby created a special fund of the State
29    Treasury to be known as the  Illinois  Thoroughbred  Breeders
30    Fund.
31        Except  as  provided  in  subsection (g) of Section 27 of
32    this Act, 8.5% of all the monies received  by  the  State  as
33    privilege taxes on Thoroughbred racing meetings shall be paid
 
SB1017 Enrolled            -64-                LRB9105678LDmb
 1    into the Illinois Thoroughbred Breeders Fund.
 2        (e)  The  Illinois  Thoroughbred  Breeders  Fund shall be
 3    administered by the Department of Agriculture with the advice
 4    and assistance of the Advisory Board  created  in  subsection
 5    (f) of this Section.
 6        (f)  The  Illinois  Thoroughbred  Breeders  Fund Advisory
 7    Board shall consist of the  Director  of  the  Department  of
 8    Agriculture,  who  shall  serve  as Chairman; a member of the
 9    Illinois Racing Board, designated by it; 2 representatives of
10    the organization  licensees  conducting  thoroughbred  racing
11    meetings,  recommended  by  them;  2  representatives  of the
12    Illinois  Thoroughbred  Breeders   and   Owners   Foundation,
13    recommended  by  it;  and 2 representatives of the Horsemen's
14    Benevolent   Protective   Association   or   any    successor
15    organization established in Illinois comprised of the largest
16    number  of  owners  and trainers, recommended by it, with one
17    representative of the Horsemen's  Benevolent  and  Protective
18    Association  to come from its Illinois Division, and one from
19    its Chicago Division. Advisory Board members shall serve  for
20    2  years  commencing January 1 of each odd numbered year.  If
21    representatives  of  the  organization  licensees  conducting
22    thoroughbred  racing  meetings,  the  Illinois   Thoroughbred
23    Breeders and Owners Foundation, and the Horsemen's Benevolent
24    Protection  Association  have not been recommended by January
25    1, of each odd numbered year, the Director of the  Department
26    of Agriculture shall make an appointment for the organization
27    failing  to  so  recommend  a  member  of the Advisory Board.
28    Advisory Board members  shall  receive  no  compensation  for
29    their  services  as  members  but shall be reimbursed for all
30    actual and necessary expenses and disbursements  incurred  in
31    the execution of their official duties.
32        (g)  No  monies  shall  be  expended  from  the  Illinois
33    Thoroughbred  Breeders  Fund  except  as  appropriated by the
34    General Assembly.   Monies  appropriated  from  the  Illinois
 
SB1017 Enrolled            -65-                LRB9105678LDmb
 1    Thoroughbred   Breeders   Fund   shall  be  expended  by  the
 2    Department of Agriculture, with the advice and assistance  of
 3    the  Illinois  Thoroughbred Breeders Fund Advisory Board, for
 4    the following purposes only:
 5             (1)  To  provide  purse  supplements  to  owners  of
 6        horses  participating  in  races  limited   to   Illinois
 7        conceived  and  foaled   and Illinois foaled horses.  Any
 8        such purse supplements shall not be included in and shall
 9        be paid in addition to any purses, stakes,  or  breeders'
10        awards   offered   by   each   organization  licensee  as
11        determined  by  agreement   between   such   organization
12        licensee  and  an organization representing the horsemen.
13        No monies from the Illinois  Thoroughbred  Breeders  Fund
14        shall  be  used to provide purse supplements for claiming
15        races in which the minimum claiming price  is  less  than
16        $7,500.
17             (2)  To  provide stakes and awards to be paid to the
18        owners of the winning horses in certain races limited  to
19        Illinois  conceived and foaled and Illinois foaled horses
20        designated as stakes races.
21             (2.5)  To provide an award to the owner or owners of
22        an Illinois conceived and foaled or Illinois foaled horse
23        that  wins  a  maiden  special  weight,   an   allowance,
24        overnight  handicap  race, or claiming race with claiming
25        price of $10,000  or  more  providing  the  race  is  not
26        restricted  to  Illinois conceived and foaled or Illinois
27        foaled horses.  Awards shall  also  be  provided  to  the
28        owner  or  owners  of  Illinois  conceived and foaled and
29        Illinois foaled horses that  place  second  or  third  in
30        those  races.   To  the extent that additional moneys are
31        required to pay the minimum additional awards of  40%  of
32        the  purse  the  horse earns for placing first, second or
33        third in those races for Illinois foaled  horses  and  of
34        60%  of  the  purse  the  horse  earns for placing first,
 
SB1017 Enrolled            -66-                LRB9105678LDmb
 1        second or third in those races for Illinois conceived and
 2        foaled horses, those moneys shall be  provided  from  the
 3        purse account at the track where earned.
 4             (3)  To  provide  stallion  awards  to  the owner or
 5        owners of any stallion that is duly registered  with  the
 6        Illinois  Thoroughbred Breeders Fund Program prior to the
 7        effective date of this amendatory Act of 1995 whose  duly
 8        registered Illinois conceived and foaled offspring wins a
 9        race conducted at an Illinois thoroughbred racing meeting
10        other  than a claiming race. Such award shall not be paid
11        to the owner or  owners  of  an  Illinois  stallion  that
12        served outside this State at any time during the calendar
13        year in which such race was conducted.
14             (4)  To  provide  $75,000  annually for purses to be
15        distributed to county fairs that provide for the  running
16        of  races  during  each  county  fair exclusively for the
17        thoroughbreds conceived  and  foaled  in  Illinois.   The
18        conditions  of the races shall be developed by the county
19        fair association and reviewed by the Department with  the
20        advice   and  assistance  of  the  Illinois  Thoroughbred
21        Breeders Fund Advisory Board. There shall be no  wagering
22        of  any  kind  on  the  running of Illinois conceived and
23        foaled races at county fairs.
24             (4.1)  To  provide  purse  money  for  an   Illinois
25        stallion stakes program.
26             (5)  No  less  than  80%  of all monies appropriated
27        from the Illinois Thoroughbred  Breeders  Fund  shall  be
28        expended  for  the purposes in (1), (2), (2.5), (3), (4),
29        (4.1), and (5) as shown above.
30             (6)  To provide for educational  programs  regarding
31        the thoroughbred breeding industry.
32             (7)  To provide for research programs concerning the
33        health, development and care of the thoroughbred horse.
34             (8)  To  provide  for  a  scholarship  and  training
 
SB1017 Enrolled            -67-                LRB9105678LDmb
 1        program for students of equine veterinary medicine.
 2             (9)  To   provide   for   dissemination   of  public
 3        information  designed  to   promote   the   breeding   of
 4        thoroughbred horses in Illinois.
 5             (10)  To  provide  for  all expenses incurred in the
 6        administration  of  the  Illinois  Thoroughbred  Breeders
 7        Fund.
 8        (h)  Whenever the Governor finds that the amount  in  the
 9    Illinois Thoroughbred Breeders Fund is more than the total of
10    the  outstanding  appropriations from such fund, the Governor
11    shall notify the State Comptroller and the State Treasurer of
12    such fact.  The Comptroller and  the  State  Treasurer,  upon
13    receipt  of  such  notification,  shall  transfer such excess
14    amount from the Illinois Thoroughbred Breeders  Fund  to  the
15    General Revenue Fund.
16        (i)  A  sum  equal to 12 1/2% of the first prize money of
17    every  purse  won  by  an  Illinois  foaled  or  an  Illinois
18    conceived and foaled horse in races not limited  to  Illinois
19    foaled  horses  or  Illinois  conceived and foaled horses, or
20    both, shall be paid by the organization  licensee  conducting
21    the  horse  race  meeting.  Such  sum  shall be paid from the
22    organization  licensee's  share  of  the  money  wagered   as
23    follows:   11 1/2% to the breeder of the winning horse and 1%
24    to the organization representing  thoroughbred  breeders  and
25    owners   whose   representative   serves   on   the  Illinois
26    Thoroughbred Breeders Fund Advisory Board for  verifying  the
27    amounts   of   breeders'   awards   earned,   assuring  their
28    distribution in accordance with this Act, and  servicing  and
29    promoting  the  Illinois  thoroughbred horse racing industry.
30    The  organization  representing  thoroughbred  breeders   and
31    owners  shall cause all expenditures of monies received under
32    this subsection (i) to be audited  at  least  annually  by  a
33    registered  public  accountant.   The organization shall file
34    copies of each annual audit with the Racing Board, the  Clerk
 
SB1017 Enrolled            -68-                LRB9105678LDmb
 1    of  the  House  of  Representatives  and the Secretary of the
 2    Senate, and shall make copies of each annual audit  available
 3    to the public upon request and upon payment of the reasonable
 4    cost  of  photocopying  the  requested number of copies. Such
 5    payments shall not reduce any award to the owner of the horse
 6    or reduce the taxes payable under this Act.  Upon  completion
 7    of  its racing meet, each organization licensee shall deliver
 8    to the organization representing  thoroughbred  breeders  and
 9    owners   whose   representative   serves   on   the  Illinois
10    Thoroughbred Breeders Fund Advisory Board a  listing  of  all
11    the  Illinois  foaled  and  the Illinois conceived and foaled
12    horses which won breeders' awards  and  the  amount  of  such
13    breeders'  awards under this subsection to verify accuracy of
14    payments and assure proper distribution of  breeders'  awards
15    in accordance with the provisions of this Act.  Such payments
16    shall  be  delivered  by  the organization licensee within 30
17    days of the end of each race meeting.
18        (j)  A sum equal to 12 1/2% of the first prize money  won
19    in  each  race  limited to Illinois foaled horses or Illinois
20    conceived and foaled horses, or both, shall be  paid  in  the
21    following  manner by the organization licensee conducting the
22    horse race meeting, from the organization licensee's share of
23    the money wagered: 11 1/2% to the breeders of the  horses  in
24    each  such  race  which are the official first, second, third
25    and fourth finishers and 1% to the organization  representing
26    thoroughbred  breeders and owners whose representative serves
27    on the Illinois Thoroughbred Breeders Fund Advisory Board for
28    verifying the amounts of breeders'  awards  earned,  assuring
29    their  proper  distribution  in accordance with this Act, and
30    servicing  and  promoting  the  Illinois  thoroughbred  horse
31    racing industry. The organization  representing  thoroughbred
32    breeders  and  owners  shall cause all expenditures of monies
33    received under this subsection (j) to  be  audited  at  least
34    annually by a registered public accountant.  The organization
 
SB1017 Enrolled            -69-                LRB9105678LDmb
 1    shall file copies of each annual audit with the Racing Board,
 2    the  Clerk  of the House of Representatives and the Secretary
 3    of the Senate, and shall make copies  of  each  annual  audit
 4    available  to the public upon request and upon payment of the
 5    reasonable cost  of  photocopying  the  requested  number  of
 6    copies.
 7        The  11 1/2% paid to the breeders in accordance with this
 8    subsection shall be distributed as follows:
 9             (1)  60% of such sum shall be paid to the breeder of
10        the horse which finishes in the official first position;
11             (2)  20% of such sum shall be paid to the breeder of
12        the horse which finishes in the official second position;
13             (3)  15% of such sum shall be paid to the breeder of
14        the horse which finishes in the official third  position;
15        and
16             (4)  5%  of such sum shall be paid to the breeder of
17        the horse which finishes in the official fourth position.
18        Such payments shall not reduce any award to the owners of
19    a horse or reduce the taxes  payable  under  this  Act.  Upon
20    completion  of  its  racing  meet, each organization licensee
21    shall deliver to the organization  representing  thoroughbred
22    breeders  and  owners  whose  representative  serves  on  the
23    Illinois  Thoroughbred Breeders Fund Advisory Board a listing
24    of all the Illinois foaled and  the  Illinois  conceived  and
25    foaled  horses  which  won breeders' awards and the amount of
26    such breeders' awards in accordance with  the  provisions  of
27    this   Act.   Such   payments   shall  be  delivered  by  the
28    organization licensee within 30 days of the end of each  race
29    meeting.
30        (k)  The  term "breeder", as used herein, means the owner
31    of the mare at the time the foal is  dropped.   An  "Illinois
32    foaled  horse"  is a foal dropped by a mare which enters this
33    State on or before December 1, in the year in which the horse
34    is bred, 1995 for a  foal  dropped  in  calendar  year  1996,
 
SB1017 Enrolled            -70-                LRB9105678LDmb
 1    November  1,  1996  for a foal dropped in calendar year 1997,
 2    and October 1 for foals  dropped  in  all  years  thereafter,
 3    provided  the  mare  remains continuously in this State until
 4    its foal is born. An "Illinois foaled  horse"  also  means  a
 5    foal  born of a mare in the same year as the mare enters this
 6    State on or before March 1, and  remains  in  this  State  at
 7    least  30  days after foaling, is bred back during the season
 8    of the foaling to an Illinois Registered Stallion  (unless  a
 9    veterinarian  certifies  that the mare should not be bred for
10    health reasons), and is not bred to a  stallion  standing  in
11    any  other  state during the season of foaling.  An "Illinois
12    foaled horse" also means a foal born in Illinois  of  a  mare
13    purchased  at  public auction subsequent to the mare entering
14    this State prior to February 1 of the foaling year  providing
15    the mare is owned solely by one or more Illinois residents or
16    an  Illinois  entity  that  is  entirely owned by one or more
17    Illinois residents.
18        (l)  The Department of Agriculture shall, by  rule,  with
19    the  advice  and  assistance  of  the  Illinois  Thoroughbred
20    Breeders Fund Advisory Board:
21             (1)  Qualify  stallions  for Illinois breeding; such
22        stallions to  stand  for  service  within  the  State  of
23        Illinois  at  the  time  of  a  foal's  conception.  Such
24        stallion  must not stand for service at any place outside
25        the State of Illinois during the calendar year  in  which
26        the  foal is conceived. The Department of Agriculture may
27        assess and collect application fees for the  registration
28        of  Illinois-eligible  stallions.  All fees collected are
29        to be paid into the Illinois Thoroughbred Breeders Fund.
30             (2)  Provide  for  the  registration   of   Illinois
31        conceived  and  foaled horses and Illinois foaled horses.
32        No such horse shall  compete  in  the  races  limited  to
33        Illinois  conceived  and foaled horses or Illinois foaled
34        horses or both unless registered with the  Department  of
 
SB1017 Enrolled            -71-                LRB9105678LDmb
 1        Agriculture.  The Department of Agriculture may prescribe
 2        such forms as are necessary to determine the  eligibility
 3        of  such horses. The Department of Agriculture may assess
 4        and collect application  fees  for  the  registration  of
 5        Illinois-eligible  foals.   All  fees collected are to be
 6        paid into the Illinois  Thoroughbred  Breeders  Fund.  No
 7        person shall knowingly prepare or cause preparation of an
 8        application  for  registration  of  such foals containing
 9        false information.
10        (m)  The Department of Agriculture, with the  advice  and
11    assistance   of   the  Illinois  Thoroughbred  Breeders  Fund
12    Advisory Board, shall provide that certain races  limited  to
13    Illinois  conceived  and foaled and Illinois foaled horses be
14    stakes races and determine the total  amount  of  stakes  and
15    awards to be paid to the owners of the winning horses in such
16    races.
17        In  determining the stakes races and the amount of awards
18    for such races, the Department of Agriculture shall  consider
19    factors,  including  but  not limited to, the amount of money
20    appropriated for  the  Illinois  Thoroughbred  Breeders  Fund
21    program,  organization licensees' contributions, availability
22    of  stakes   caliber   horses   as   demonstrated   by   past
23    performances,  whether  the  race can be coordinated into the
24    proposed racing dates within organization  licensees'  racing
25    dates,  opportunity  for  colts  and  fillies and various age
26    groups to race,  public  wagering  on  such  races,  and  the
27    previous racing schedule.
28        (n)  The  Board  and  the  organizational  licensee shall
29    notify the Department of the conditions  and  minimum  purses
30    for  races  limited  to  Illinois  conceived  and  foaled and
31    Illinois foaled  horses  conducted  for  each  organizational
32    licensee  conducting  a  thoroughbred  racing  meeting.   The
33    Department  of  Agriculture with the advice and assistance of
34    the Illinois Thoroughbred Breeders Fund  Advisory  Board  may
 
SB1017 Enrolled            -72-                LRB9105678LDmb
 1    allocate  monies  for  purse  supplements for such races.  In
 2    determining whether to allocate money  and  the  amount,  the
 3    Department  of  Agriculture shall consider factors, including
 4    but not limited to, the amount of money appropriated for  the
 5    Illinois  Thoroughbred  Breeders  Fund program, the number of
 6    races that may occur, and the organizational licensee's purse
 7    structure.
 8        (o)  In  order  to  improve  the  breeding   quality   of
 9    thoroughbred  horses  in  the  State,  the  General  Assembly
10    recognizes  that  existing  provisions  of  this  Section  to
11    encourage  such  quality  breeding  need  to  be  revised and
12    strengthened.  As such, a Thoroughbred Breeder's Program Task
13    Force is to be appointed by the Governor by September 1, 1999
14    to make recommendations to the General Assembly by  no  later
15    than  March  1, 2000.  This task force is to be composed of 2
16    representatives from the Illinois Thoroughbred  Breeders  and
17    Owners   Foundation,   2   from   the  Illinois  Thoroughbred
18    Horsemen's Association, 3 from Illinois race tracks operating
19    thoroughbred race meets for an average of at least 30 days in
20    the past 3 years, the Director of Agriculture, the  Executive
21    Director of the Racing Board, who shall serve as Chairman.
22    (Source: P.A. 88-495; 89-16, eff. 5-30-95.)

23        (230 ILCS 5/30.5 new)
24        Sec. 30.5.  Illinois Quarter Horse Breeders Fund.
25        (a)  The  General Assembly declares that it is the policy
26    of this State to encourage the  breeding  of  racing  quarter
27    horses  in  this  State  and  the ownership of such horses by
28    residents of this State in order to  provide  for  sufficient
29    numbers  of  high quality racing quarter horses in this State
30    and to establish and preserve the agricultural and commercial
31    benefits of such breeding and racing industries to the  State
32    of  Illinois.  It  is  the  intent of the General Assembly to
33    further this policy by the provisions of this Act.
 
SB1017 Enrolled            -73-                LRB9105678LDmb
 1        (b)  There is hereby created a special fund in the  State
 2    Treasury  to  be  known  as the Illinois Racing Quarter Horse
 3    Breeders Fund.  Except  as  provided  in  subsection  (g)  of
 4    Section  27  of  this Act, 8.5% of all the moneys received by
 5    the State as pari-mutuel taxes on quarter horse racing  shall
 6    be paid into the Illinois Racing Quarter Horse Breeders Fund.
 7        (c)  The  Illinois  Racing  Quarter  Horse  Breeders Fund
 8    shall be administered by the Department of  Agriculture  with
 9    the  advice  and  assistance of the Advisory Board created in
10    subsection (d) of this Section.
11        (d)  The Illinois  Racing  Quarter  Horse  Breeders  Fund
12    Advisory   Board   shall  consist  of  the  Director  of  the
13    Department of Agriculture, who shall  serve  as  Chairman;  a
14    member  of  the  Illinois Racing Board, designated by it; one
15    representative  of  the  organization  licensees   conducting
16    pari-mutuel  quarter  horse  racing  meetings, recommended by
17    them; 2 representatives of the Illinois Running Quarter Horse
18    Association, recommended by it;  and  the  Superintendent  of
19    Fairs  and  Promotions  from  the  Department of Agriculture.
20    Advisory Board members shall serve  for  2  years  commencing
21    January  1 of each odd numbered year. If representatives have
22    not been recommended by January 1 of each odd numbered  year,
23    the  Director  of  the  Department of Agriculture may make an
24    appointment for the organization failing to  so  recommend  a
25    member  of  the  Advisory Board. Advisory Board members shall
26    receive no compensation for their services as members but may
27    be reimbursed for  all  actual  and  necessary  expenses  and
28    disbursements  incurred  in  the  execution of their official
29    duties.
30        (e)  No moneys shall be expended from the Illinois Racing
31    Quarter Horse Breeders Fund except  as  appropriated  by  the
32    General  Assembly.  Moneys  appropriated  from  the  Illinois
33    Racing  Quarter  Horse Breeders Fund shall be expended by the
34    Department of Agriculture, with the advice and assistance  of
 
SB1017 Enrolled            -74-                LRB9105678LDmb
 1    the  Illinois  Racing  Quarter  Horse  Breeders Fund Advisory
 2    Board, for the following purposes only:
 3             (1)  To provide stakes and awards to be paid to  the
 4        owners  of  the  winning  horses  in  certain races. This
 5        provision is limited to  Illinois  conceived  and  foaled
 6        horses.
 7             (2)  To  provide  an award to the owner or owners of
 8        an Illinois conceived and foaled horse that wins  a  race
 9        when  pari-mutuel  wagering  is  conducted; providing the
10        race is not restricted to Illinois conceived  and  foaled
11        horses.
12             (3)  To provide purse money for an Illinois stallion
13        stakes program.
14             (4)  To provide for purses to be distributed for the
15        running  of  races during the Illinois State Fair and the
16        DuQuoin  State  Fair  exclusively  for   quarter   horses
17        conceived and foaled in Illinois.
18             (5)  To provide for purses to be distributed for the
19        running of races at Illinois county fairs exclusively for
20        quarter horses conceived and foaled in Illinois.
21             (6)  To  provide  for  purses  to be distributed for
22        running races exclusively for  quarter  horses  conceived
23        and   foaled   in   Illinois  at  locations  in  Illinois
24        determined by the Department of Agriculture  with  advice
25        and  consent  of  the  Racing Quarter Horse Breeders Fund
26        Advisory Board.
27             (7)  No less than 90%  of  all  moneys  appropriated
28        from  the  Illinois  Racing  Quarter  Horse Breeders Fund
29        shall be expended for the purposes  in  items  (1),  (2),
30        (3), (4), and (5) of this subsection (e).
31             (8)  To provide for research programs concerning the
32        health, development, and care of racing quarter horses.
33             (9)  To   provide   for   dissemination   of  public
34        information designed to promote the  breeding  of  racing
 
SB1017 Enrolled            -75-                LRB9105678LDmb
 1        quarter horses in Illinois.
 2             (10)  To   provide  for  expenses  incurred  in  the
 3        administration  of  the  Illinois  Racing  Quarter  Horse
 4        Breeders Fund.
 5        (f)  The Department of Agriculture shall, by  rule,  with
 6    the  advice  and  assistance  of  the Illinois Racing Quarter
 7    Horse Breeders Fund Advisory Board:
 8             (1)  Qualify stallions for Illinois  breeding;  such
 9        stallions  to  stand  for  service  within  the  State of
10        Illinois, at  the  time  of  a  foal's  conception.  Such
11        stallion  must not stand for service at any place outside
12        the State of Illinois during the calendar year  in  which
13        the  foal is conceived. The Department of Agriculture may
14        assess and collect application fees for the  registration
15        of Illinois-eligible stallions. All fees collected are to
16        be  paid  into the Illinois Racing Quarter Horse Breeders
17        Fund.
18             (2)  Provide  for  the  registration   of   Illinois
19        conceived  and foaled horses. No such horse shall compete
20        in the races limited to  Illinois  conceived  and  foaled
21        horses  unless  it  is  registered with the Department of
22        Agriculture. The Department of Agriculture may  prescribe
23        such  forms as are necessary to determine the eligibility
24        of such horses. The Department of Agriculture may  assess
25        and  collect  application  fees  for  the registration of
26        Illinois-eligible foals. All fees  collected  are  to  be
27        paid  into  the  Illinois  Racing  Quarter Horse Breeders
28        Fund.  No  person  shall  knowingly  prepare   or   cause
29        preparation  of  an  application for registration of such
30        foals that contains false information.
31        (g)  The Department of Agriculture, with the  advice  and
32    assistance of the Illinois Racing Quarter Horse Breeders Fund
33    Advisory  Board,  shall provide that certain races limited to
34    Illinois conceived and foaled be stakes races  and  determine
 
SB1017 Enrolled            -76-                LRB9105678LDmb
 1    the  total  amount  of  stakes  and  awards to be paid to the
 2    owners of the winning horses in such races.

 3        (230 ILCS 5/32.1 new)
 4        Sec. 32.1.  Pari-mutuel tax credit;  statewide  racetrack
 5    real   estate   equalization.   In  order  to  encourage  new
 6    investment in  Illinois  racetrack  facilities  and  mitigate
 7    differing  real  estate tax burdens among all racetracks, the
 8    licensees affiliated or associated with each  racetrack  that
 9    has  been awarded live racing dates in the current year shall
10    receive an immediate pari-mutuel  tax  credit  in  an  amount
11    equal  to  the  greater  of (i) 50% of the amount of the real
12    estate taxes paid in the  prior  year  attributable  to  that
13    racetrack,  or (ii) the amount by which the real estate taxes
14    paid in the prior year attributable to that racetrack exceeds
15    60% of the average real estate taxes paid in the  prior  year
16    for  all  racetracks  awarded  live horse racing meets in the
17    current year.
18        Each  year,  regardless  of  whether   the   organization
19    licensee  conducted live racing in the year of certification,
20    the Board shall certify in writing, prior to December 31, the
21    real estate taxes paid in that year for  each  racetrack  and
22    the   amount   of   the  pari-mutuel  tax  credit  that  each
23    organization  licensee,  intertrack  wagering  licensee,  and
24    intertrack  wagering  location  licensee  that  derives   its
25    license  from  such  racetrack  is entitled in the succeeding
26    calendar year.  The real estate taxes considered  under  this
27    Section  for  any  racetrack shall be those taxes on the real
28    estate parcels and related facilities used to conduct a horse
29    race meeting and inter-track wagering at such racetrack under
30    this Act. In no event shall the  amount  of  the  tax  credit
31    under  this  Section  exceed  the amount of pari-mutuel taxes
32    otherwise calculated under this Act. The amount  of  the  tax
33    credit  under this Section shall be retained by each licensee
 
SB1017 Enrolled            -77-                LRB9105678LDmb
 1    and shall not be  subject  to  any  reallocation  or  further
 2    distribution  under  this  Act.   The  Board  may  promulgate
 3    emergency rules to implement this Section.

 4        (230 ILCS 5/54 new)
 5        Sec. 54.  Horse Racing Equity Fund.
 6        (a)  There  is created in the State Treasury a Fund to be
 7    known as the  Horse  Racing  Equity  Fund.   The  Fund  shall
 8    consist  of  moneys paid into it pursuant to subsection (c-5)
 9    of Section 13 of the Riverboat Gambling Act.  The Fund  shall
10    be administered by the Racing Board.
11        (b)  The   moneys   deposited  into  the  Fund  shall  be
12    distributed by the State Treasurer within 10 days after those
13    moneys are deposited into the Fund as follows:
14             (1)  Fifty percent of all moneys  distributed  under
15        this  subsection  shall  be  distributed  to organization
16        licensees to be distributed at  their  race  meetings  as
17        purses.   Fifty-seven  percent  of the amount distributed
18        under  this  paragraph  (1)  shall  be  distributed   for
19        thoroughbred  race  meetings and 43% shall be distributed
20        for  standardbred  race  meetings.   Within  each  breed,
21        moneys shall be allocated to each organization licensee's
22        purse fund in  accordance  with  the  ratio  between  the
23        purses  generated  for that breed by that licensee during
24        the prior calendar year and the  total  purses  generated
25        throughout  the  State  for  that  breed during the prior
26        calendar year.
27             (2)  The remaining 50%  of  the  moneys  distributed
28        under  this  subsection (b) shall be distributed pro rata
29        according  to  the  aggregate  proportion  of  state-wide
30        handle at the  racetrack,  inter-track,  and  inter-track
31        wagering  locations  that  derive  their  licenses from a
32        racetrack identified in this paragraph (2)  for  calendar
33        years  1994,  1996,  and  1997  to (i) any person (or its
 
SB1017 Enrolled            -78-                LRB9105678LDmb
 1        successors or assigns) who had  operating  control  of  a
 2        racing  facility  at  which  live racing was conducted in
 3        calendar year 1997 and who has operating  control  of  an
 4        organization  licensee  that conducted racing in calendar
 5        year 1997 and is a licensee in the current year, or  (ii)
 6        any  person  (or  its  successors  or  assigns)  who  has
 7        operating  control  of  a  racing  facility  located in a
 8        county that is bounded by the Mississippi River that  has
 9        a  population  of less than 150,000 according to the 1990
10        decennial census and conducted an average of 60  days  of
11        racing  per  year  between  1985  and  1993  and has been
12        awarded an inter-track wagering license  in  the  current
13        year.
14             If  any  person  identified  in  this  paragraph (2)
15        becomes ineligible to receive moneys from the Fund,  such
16        amount shall be redistributed among the remaining persons
17        in proportion to their percentages otherwise calculated.

18        (230 ILCS 5/55 new)
19        Sec.  55.   Study  concerning  account wagering and fixed
20    odds wagering.  The Board shall study whether it would be  in
21    the best interests of the horse racing industry and the State
22    of  Illinois  to  authorize  account  wagering and fixed odds
23    wagering.  The Board shall file a written  report  containing
24    its findings with the General Assembly no later than December
25    31, 1999.

26        Section  12.   The  Illinois  Horse Racing Act of 1975 is
27    amended by changing Section 32 as follows:

28        (230 ILCS 5/32) (from Ch. 8, par. 37-32)
29        Sec. 32.  Illinois Race Track Improvement Fund. Within 30
30    days after the effective date of this Act,  the  Board  shall
31    cause  all  moneys  previously deposited in the Illinois Race
 
SB1017 Enrolled            -79-                LRB9105678LDmb
 1    Track Improvement Fund to be remitted to the  racetrack  from
 2    which  the  licensee derives its license in accordance to the
 3    amounts generated by each licensee.
 4        (a)  There is hereby created in the State Treasury a fund
 5    to be known as  the Illinois  Race  Track  Improvement  Fund,
 6    referred to in this Section as the Fund, to consist of monies
 7    paid  into  it  pursuant to Section 28. Except as provided in
 8    subsection (g) of Section 27 of this Act, moneys credited  to
 9    the  Fund  shall be  distributed by the Treasurer on order of
10    the Board.
11        (b)  Except as provided in subsection (g) of Section  28,
12    50% of the breakage of each meeting shall be collected by the
13    Department  of Revenue and deposited with the State Treasurer
14    in an account established for each organization licensee  who
15    held such meeting at any track in a given racing year.
16        (c)  The  Racing  Board shall use this Fund to aid tracks
17    in improving their facilities.  Expenditures  from  the  Fund
18    shall be equitably distributed between frontside and backside
19    improvements  for  each  organization  licensee,  taking into
20    account the amount an organization licensee may spend or  has
21    spent  on frontside and backside improvements over the course
22    of a multi-year capital improvement plan, which plan shall be
23    updated each year and subject to the review and  approval  of
24    the  Board. The Board shall have discretion to deny a request
25    for reimbursement from the Fund if  it  determines  that  the
26    proposed  expenditures  are  not consistent with the approved
27    capital improvement plan. An organization licensee  shall  be
28    required   to  file  an  updated  plan  each  year  with  any
29    application to conduct racing.
30        (d)  Monies shall be distributed from the Fund to  tracks
31    for the cost of erection, improving or acquisition of seating
32    stands,  buildings  or other structures, ground or track, for
33    the necessary purchase or required restoration of depreciable
34    property and equipment used in the operation of a race track,
 
SB1017 Enrolled            -80-                LRB9105678LDmb
 1    or for the payment  of  the  cost  of  amortization  of  debt
 2    contracted with the approval of the Board for any or all such
 3    purposes.    The  fund  shall  also be used to reimburse race
 4    tracks for the added expenses incurred when it  is  necessary
 5    to  establish  training  facilities  for  horses  eligible to
 6    compete at operating race tracks due to the existence  of  an
 7    overflow  of eligible horses using the training facilities at
 8    the operating tracks, or if it is determined by the Board  to
 9    be in the best interests of racing.
10        (e)  The  Board  shall  promulgate  procedural  rules and
11    regulations governing  information  required,  deadlines  for
12    filing,  and types of application forms to be observed by the
13    tracks seeking monies from the Fund.
14        (f)  (Blank).
15        (g)  The Board shall  keep  accurate  records  of  monies
16    deposited in each account for each licensee.  If in any given
17    year  a track does not tender any application for monies from
18    the Fund or tenders an application which is not in accordance
19    with the provisions of this Section the Department of Revenue
20    shall allow such unexpended monies to remain in  the  account
21    for  utilization  at  a  later  date  in  accordance with the
22    provision of subsections (c) through (e).
23        (h)  In addition to any other permitted use of moneys  in
24    the  Fund,  and notwithstanding any restriction on the use of
25    the Fund, moneys in the Illinois Race Track Improvement  Fund
26    may  be transferred to the General Revenue Fund as authorized
27    by Public Act 87-14.  The  General  Assembly  finds  that  an
28    excess  of  moneys  existed in the Fund on July 30, 1991, and
29    the  Governor's  order  of  July  30,  1991,  requesting  the
30    Comptroller and Treasurer to transfer an amount from the Fund
31    to the General Revenue Fund is hereby validated.
32    (Source: P.A. 89-16, eff. 5-30-95.)

33        Section 15.  The Riverboat Gambling  Act  is  amended  by
 
SB1017 Enrolled            -81-                LRB9105678LDmb
 1    changing  the title of the Act, changing Sections 3, 4, 5, 6,
 2    7, 11, 12, 13, and 18, and adding Section 11.2 as follows:

 3        (230 ILCS 10/Act title)
 4        An  Act  to  authorize  certain  forms  of  gambling   on
 5    excursion gambling boats.
 6    (Source: P.A. 86-1029.)

 7        (230 ILCS 10/3) (from Ch. 120, par. 2403)
 8        Sec. 3.  Riverboat Gambling Authorized.
 9        (a)  Riverboat  gambling  operations  and  the  system of
10    wagering incorporated therein, as defined in  this  Act,  are
11    hereby  authorized to the extent that they are carried out in
12    accordance with the provisions of this Act.
13        (b)  This Act does not apply to the pari-mutuel system of
14    wagering used or intended to be used in connection  with  the
15    horse-race  meetings  as  authorized under the Illinois Horse
16    Racing Act  of  1975,  lottery  games  authorized  under  the
17    Illinois  Lottery  Law,  bingo  authorized  under  the  Bingo
18    License  and  Tax  Act, charitable games authorized under the
19    Charitable Games Act or pull tabs  and  jar  games  conducted
20    under the Illinois Pull Tabs and Jar Games Act.
21        (c)  Riverboat  gambling  conducted  pursuant to this Act
22    may be authorized upon any water navigable stream within  the
23    State  of  Illinois  or any water navigable stream other than
24    Lake Michigan which constitutes a boundary of  the  State  of
25    Illinois.   A   licensee   may   conduct  riverboat  gambling
26    authorized under this Act regardless of whether  it  conducts
27    excursion  cruises.   A  licensee  may  permit the continuous
28    ingress and egress of passengers for the purpose of gambling;
29    however, this  Act  does  not  authorize  riverboat  gambling
30    within  a  county having a population in excess of 3,000,000,
31    and  this  Act  does  not  authorize  riverboats   conducting
32    gambling  under  this Act to dock at any location in a county
 
SB1017 Enrolled            -82-                LRB9105678LDmb
 1    having a population in excess of 3,000,000.
 2    (Source: P.A. 86-1029.)

 3        (230 ILCS 10/4) (from Ch. 120, par. 2404)
 4        Sec. 4.  Definitions. As used in this Act:
 5        (a)  "Board" means the Illinois Gaming Board.
 6        (b)  "Occupational license" means a license issued by the
 7    Board to a person or entity to perform  an  occupation  which
 8    the  Board has identified as requiring a license to engage in
 9    riverboat gambling in Illinois.
10        (c)  "Gambling game" includes, but  is  not  limited  to,
11    baccarat,  twenty-one, poker, craps, slot machine, video game
12    of chance, roulette wheel, klondike table,  punchboard,  faro
13    layout,  keno  layout, numbers ticket, push card, jar ticket,
14    or pull tab which is authorized by the Board  as  a  wagering
15    device under this Act.
16        (d)  "Riverboat" means a self-propelled excursion boat or
17    a  permanently  moored  barge  on  which  lawful  gambling is
18    authorized and licensed as provided in this Act.
19        (e)  (Blank). "Gambling excursion" means the time  during
20    which gambling games may be operated on a riverboat.
21        (f)  "Dock"  means  the  location  where  a  an excursion
22    riverboat moors for the purpose of embarking  passengers  for
23    and  disembarking  passengers  from  the riverboat a gambling
24    excursion.
25        (g)  "Gross receipts" means the  total  amount  of  money
26    exchanged  for  the  purchase  of chips, tokens or electronic
27    cards by riverboat patrons.
28        (h)  "Adjusted gross receipts" means the  gross  receipts
29    less winnings paid to wagerers.
30        (i)  "Cheat"  means  to  alter  the selection of criteria
31    which determine the result of a gambling game or  the  amount
32    or frequency of payment in a gambling game.
33        (j)  "Department" means the Department of Revenue.
 
SB1017 Enrolled            -83-                LRB9105678LDmb
 1        (k)  "Gambling operation" means the conduct of authorized
 2    gambling games upon a riverboat.
 3    (Source: P.A. 86-1029; 86-1389; 87-826.)

 4        (230 ILCS 10/5) (from Ch. 120, par. 2405)
 5        Sec. 5.  Gaming Board.
 6        (a)  (1)  There   is   hereby   established   within  the
 7    Department of Revenue an Illinois Gaming  Board  which  shall
 8    have  the  powers  and  duties specified in this Act, and all
 9    other powers necessary and proper to  fully  and  effectively
10    execute   this   Act   for   the  purpose  of  administering,
11    regulating, and enforcing the system  of  riverboat  gambling
12    established  by this Act. Its jurisdiction shall extend under
13    this  Act  to   every   person,   association,   corporation,
14    partnership   and   trust   involved  in  riverboat  gambling
15    operations in the State of Illinois.
16        (2)  The Board shall consist of 5 members to be appointed
17    by the Governor with the advice and consent  of  the  Senate,
18    one  of  whom  shall  be  designated  by  the  Governor to be
19    chairman.  Each member shall have a reasonable  knowledge  of
20    the   practice,   procedure   and   principles   of  gambling
21    operations.  Each  member  shall  either  be  a  resident  of
22    Illinois or shall certify that he will become a  resident  of
23    Illinois  before  taking office. At least one member shall be
24    experienced in law enforcement and criminal investigation, at
25    least one member  shall  be  a  certified  public  accountant
26    experienced  in  accounting  and  auditing,  and at least one
27    member  shall  be  a  lawyer  licensed  to  practice  law  in
28    Illinois.
29        (3)  The terms of office of the Board members shall be  3
30    years,  except  that the terms of office of the initial Board
31    members appointed pursuant to this Act will commence from the
32    effective date of this Act and run  as  follows:  one  for  a
33    term  ending  July 1, 1991, 2 for a term ending July 1, 1992,
 
SB1017 Enrolled            -84-                LRB9105678LDmb
 1    and 2 for a term ending July 1, 1993.  Upon the expiration of
 2    the foregoing terms, the successors  of  such  members  shall
 3    serve  a  term  for  3  years  and until their successors are
 4    appointed and qualified for  like  terms.  Vacancies  in  the
 5    Board  shall  be filled for the unexpired term in like manner
 6    as original appointments.  Each member of the Board shall  be
 7    eligible  for reappointment at the discretion of the Governor
 8    with the advice and consent of the Senate.
 9        (4)  Each member of the Board shall receive $300 for each
10    day the Board meets and for each day the member conducts  any
11    hearing pursuant to this Act.  Each member of the Board shall
12    also  be reimbursed for all actual and necessary expenses and
13    disbursements incurred in the execution of official duties.
14        (5)  No person shall be appointed a member of  the  Board
15    or  continue  to  be  a  member of the Board who is, or whose
16    spouse, child  or  parent  is,  a  member  of  the  board  of
17    directors  of,  or  a  person  financially interested in, any
18    gambling operation subject to the jurisdiction of this Board,
19    or any race track, race meeting, racing  association  or  the
20    operations   thereof  subject  to  the  jurisdiction  of  the
21    Illinois Racing Board.  No Board member shall hold any  other
22    public  office  for which he shall receive compensation other
23    than necessary  travel  or  other  incidental  expenses.   No
24    person  shall  be  a  member  of the Board who is not of good
25    moral character or who has been convicted  of,  or  is  under
26    indictment  for,  a  felony under the laws of Illinois or any
27    other state, or the United States.
28        (6)  Any member of  the  Board  may  be  removed  by  the
29    Governor  for  neglect  of duty, misfeasance, malfeasance, or
30    nonfeasance in office.
31        (7)  Before entering upon the discharge of the duties  of
32    his  office, each member of the Board shall take an oath that
33    he will faithfully execute the duties of his office according
34    to the laws of  the  State  and  the  rules  and  regulations
 
SB1017 Enrolled            -85-                LRB9105678LDmb
 1    adopted  therewith  and  shall  give  bond  to  the  State of
 2    Illinois, approved by the Governor, in the  sum  of  $25,000.
 3    Every  such  bond,  when duly executed and approved, shall be
 4    recorded in the office of the Secretary of  State.   Whenever
 5    the  Governor  determines  that the bond of any member of the
 6    Board  has  become  or  is  likely  to  become   invalid   or
 7    insufficient, he shall require such member forthwith to renew
 8    his  bond,  which  is  to  be  approved by the Governor.  Any
 9    member of the Board who fails to  take  oath  and  give  bond
10    within 30 days from the date of his appointment, or who fails
11    to  renew his bond within 30 days after it is demanded by the
12    Governor, shall be guilty of  neglect  of  duty  and  may  be
13    removed  by  the Governor.  The cost of any bond given by any
14    member of the Board under this Section shall be taken to be a
15    part of the necessary expenses of the Board.
16        (8)  Upon the request of the Board, the Department  shall
17    employ  such  personnel  as may be necessary to carry out the
18    functions of the Board.  No person shall be employed to serve
19    the Board who is, or whose spouse, parent  or  child  is,  an
20    official  of,  or  has  a  financial interest in or financial
21    relation with, any operator engaged  in  gambling  operations
22    within  this  State or any organization engaged in conducting
23    horse racing within this State.  Any employee violating these
24    prohibitions shall be subject to termination of employment.
25        (9)  An Administrator shall perform any  and  all  duties
26    that   the  Board  shall  assign  him.   The  salary  of  the
27    Administrator shall be determined by the Board  and  approved
28    by  the Director of the Department and, in addition, he shall
29    be reimbursed for all actual and necessary expenses  incurred
30    by   him   in   discharge   of   his  official  duties.   The
31    Administrator shall keep records of all  proceedings  of  the
32    Board  and  shall  preserve all records, books, documents and
33    other papers belonging to the Board or entrusted to its care.
34    The Administrator shall devote his full time to the duties of
 
SB1017 Enrolled            -86-                LRB9105678LDmb
 1    the office and shall not hold any other office or employment.
 2        (b)  The Board shall have general responsibility for  the
 3    implementation  of  this  Act.   Its  duties include, without
 4    limitation, the following:
 5             (1)  To decide promptly and in reasonable order  all
 6        license applications. Any party aggrieved by an action of
 7        the  Board  denying, suspending, revoking, restricting or
 8        refusing to renew a license may request a hearing  before
 9        the  Board.   A request for a hearing must be made to the
10        Board in writing within 5 days after service of notice of
11        the action of the Board.  Notice of  the  action  of  the
12        Board  shall  be served either by personal delivery or by
13        certified mail, postage prepaid, to the aggrieved party.
14        Notice served by certified mail shall be deemed  complete
15        on  the  business day following the date of such mailing.
16        The Board shall conduct all requested  hearings  promptly
17        and in reasonable order;
18             (2)  To  conduct  all  hearings  pertaining to civil
19        violations  of  this  Act  or   rules   and   regulations
20        promulgated hereunder;
21             (3)  To  promulgate such rules and regulations as in
22        its judgment may be necessary to protect or  enhance  the
23        credibility   and   integrity   of   gambling  operations
24        authorized  by  this  Act  and  the  regulatory   process
25        hereunder;
26             (4)  To provide for the establishment and collection
27        of all license and registration fees and taxes imposed by
28        this  Act  and  the rules and regulations issued pursuant
29        hereto.  All such fees and taxes shall be deposited  into
30        the State Gaming Fund;
31             (5)  To  provide  for  the  levy  and  collection of
32        penalties and fines for the violation  of  provisions  of
33        this  Act  and  the  rules  and  regulations  promulgated
34        hereunder.    All  such  fines  and  penalties  shall  be
 
SB1017 Enrolled            -87-                LRB9105678LDmb
 1        deposited into the Education Assistance Fund, created  by
 2        Public Act 86-0018, of the State of Illinois;
 3             (6)  To be present through its inspectors and agents
 4        any   time  gambling  operations  are  conducted  on  any
 5        riverboat for  the  purpose  of  certifying  the  revenue
 6        thereof,   receiving  complaints  from  the  public,  and
 7        conducting such other investigations into the conduct  of
 8        the  gambling  games and the maintenance of the equipment
 9        as from time to time the Board  may  deem  necessary  and
10        proper;
11             (7)  To  review  and  rule  upon  any complaint by a
12        licensee regarding any investigative  procedures  of  the
13        State  which  are  unnecessarily  disruptive  of gambling
14        operations.  The need to inspect and investigate shall be
15        presumed at all times.  The disruption  of  a  licensee's
16        operations  shall  be  proved  by  clear  and  convincing
17        evidence,  and establish that:  (A) the procedures had no
18        reasonable  law  enforcement  purposes,   and   (B)   the
19        procedures  were so disruptive as to unreasonably inhibit
20        gambling operations;
21             (8)  To hold at least one meeting  each  quarter  of
22        the  fiscal  year.   In addition, special meetings may be
23        called by the Chairman or any 2  Board  members  upon  72
24        hours  written notice to each member.  All Board meetings
25        shall be subject to the Open Meetings Act. Three  members
26        of the Board shall constitute a quorum, and 3 votes shall
27        be  required  for  any  final determination by the Board.
28        The Board shall keep a complete and  accurate  record  of
29        all  its meetings. A majority of the members of the Board
30        shall constitute a quorum  for  the  transaction  of  any
31        business,  for  the  performance  of any duty, or for the
32        exercise of any power which this Act requires  the  Board
33        members  to transact, perform or exercise en banc, except
34        that, upon order of the Board, one of the  Board  members
 
SB1017 Enrolled            -88-                LRB9105678LDmb
 1        or  an  administrative  law judge designated by the Board
 2        may conduct any hearing provided for under this Act or by
 3        Board rule and may recommend findings  and  decisions  to
 4        the  Board.  The Board member or administrative law judge
 5        conducting such hearing shall have all powers and  rights
 6        granted  to the Board in this Act. The record made at the
 7        time of the hearing shall be reviewed by the Board, or  a
 8        majority  thereof,  and  the findings and decision of the
 9        majority of the Board shall constitute the order  of  the
10        Board in such case;
11             (9)  To  maintain  records  which  are  separate and
12        distinct from the records of any  other  State  board  or
13        commission.   Such  records shall be available for public
14        inspection  and  shall  accurately  reflect   all   Board
15        proceedings;
16             (10)  To  file  a  written  annual  report  with the
17        Governor  on  or  before  March  1  each  year  and  such
18        additional reports  as  the  Governor  may  request.  The
19        annual  report  shall include a statement of receipts and
20        disbursements by the Board, actions taken by  the  Board,
21        and  any additional information and recommendations which
22        the Board may deem valuable or  which  the  Governor  may
23        request;
24             (11)  (Blank) To review the patterns of wagering and
25        wins   and   losses  by  persons  on  riverboat  gambling
26        operations under this Act, and make recommendation to the
27        Governor and the General Assembly, by January  31,  1992,
28        as to whether limits on wagering losses should be imposed
29        ; and
30             (12)  To     assume     responsibility    for    the
31        administration and enforcement of the Bingo  License  and
32        Tax  Act, the Charitable Games Act, and the Pull Tabs and
33        Jar Games Act if such responsibility is delegated  to  it
34        by the Director of Revenue.
 
SB1017 Enrolled            -89-                LRB9105678LDmb
 1        (c)  The  Board  shall  have  jurisdiction over and shall
 2    supervise all gambling operations governed by this Act.   The
 3    Board shall have all powers necessary and proper to fully and
 4    effectively  execute  the  provisions of this Act, including,
 5    but not limited to, the following:
 6             (1)  To investigate  applicants  and  determine  the
 7        eligibility  of  applicants  for  licenses  and to select
 8        among competing  applicants  the  applicants  which  best
 9        serve the interests of the citizens of Illinois.
10             (2)  To  have  jurisdiction and supervision over all
11        riverboat gambling  operations  in  this  State  and  all
12        persons  on  riverboats  where  gambling  operations  are
13        conducted.
14             (3)  To  promulgate  rules  and  regulations for the
15        purpose of administering the provisions of this  Act  and
16        to  prescribe  rules,  regulations  and  conditions under
17        which all  riverboat  gambling  in  the  State  shall  be
18        conducted.  Such rules and regulations are to provide for
19        the  prevention  of  practices  detrimental to the public
20        interest  and  for  the  best  interests   of   riverboat
21        gambling,  including  rules and regulations regarding the
22        inspection of such  riverboats  and  the  review  of  any
23        permits  or  licenses  necessary  to  operate a riverboat
24        under any laws or regulations applicable  to  riverboats,
25        and to impose penalties for violations thereof.
26             (4)  To enter the office, riverboats, facilities, or
27        other places of business of a licensee, where evidence of
28        the  compliance  or  noncompliance with the provisions of
29        this Act is likely to be found.
30             (5)  To investigate alleged violations of  this  Act
31        or  the  rules  of  the  Board  and  to  take appropriate
32        disciplinary action against a licensee or a holder of  an
33        occupational   license  for  a  violation,  or  institute
34        appropriate legal action for enforcement, or both.
 
SB1017 Enrolled            -90-                LRB9105678LDmb
 1             (6)  To adopt standards for  the  licensing  of  all
 2        persons  under  this  Act,  as  well as for electronic or
 3        mechanical gambling games, and to establish fees for such
 4        licenses.
 5             (7)  To  adopt   appropriate   standards   for   all
 6        riverboats and facilities.
 7             (8)  To   require   that   the   records,  including
 8        financial or other statements of any licensee under  this
 9        Act,  shall  be  kept in such manner as prescribed by the
10        Board  and  that  any  such  licensee  involved  in   the
11        ownership  or management of gambling operations submit to
12        the Board an annual balance sheet  and  profit  and  loss
13        statement,  list  of  the  stockholders  or other persons
14        having  a  1%  or  greater  beneficial  interest  in  the
15        gambling activities of  each  licensee,   and  any  other
16        information   the  Board  deems  necessary  in  order  to
17        effectively  administer   this   Act   and   all   rules,
18        regulations, orders and final decisions promulgated under
19        this Act.
20             (9)  To  conduct  hearings,  issue subpoenas for the
21        attendance of witnesses and subpoenas duces tecum for the
22        production  of  books,  records   and   other   pertinent
23        documents  in accordance with the Illinois Administrative
24        Procedure Act, and to administer oaths  and  affirmations
25        to  the witnesses, when, in the judgment of the Board, it
26        is necessary to administer or enforce  this  Act  or  the
27        Board rules.
28             (10)  To prescribe a form to be used by any licensee
29        involved  in  the  ownership  or  management  of gambling
30        operations as an application  for  employment  for  their
31        employees.
32             (11)  To  revoke  or  suspend licenses, as the Board
33        may see fit and in compliance with applicable laws of the
34        State regarding administrative procedures, and to  review
 
SB1017 Enrolled            -91-                LRB9105678LDmb
 1        applications  for the renewal of licenses.  The Board may
 2        suspend an owners license, without notice or hearing upon
 3        a determination that the safety or health of  patrons  or
 4        employees  is  jeopardized  by  continuing  a riverboat's
 5        operation.  The suspension may remain in effect until the
 6        Board determines that the cause for suspension  has  been
 7        abated.   The  Board may revoke the owners license upon a
 8        determination that the owner has  not  made  satisfactory
 9        progress toward abating the hazard.
10             (12)  To  eject or exclude or authorize the ejection
11        or exclusion  of,  any  person  from  riverboat  gambling
12        facilities where such person is in violation of this Act,
13        rules  and regulations thereunder, or final orders of the
14        Board, or where such person's conduct  or  reputation  is
15        such  that  his  presence  within  the riverboat gambling
16        facilities may, in the opinion of the  Board,  call  into
17        question  the  honesty  and  integrity  of  the  gambling
18        operations  or  interfere  with  orderly conduct thereof;
19        provided that the propriety of such ejection or exclusion
20        is subject to subsequent hearing by the Board.
21             (13)  To   require   all   licensees   of   gambling
22        operations to utilize a cashless wagering system  whereby
23        all  players'  money  is  converted to tokens, electronic
24        cards, or chips which shall be used only for wagering  in
25        the gambling establishment.
26             (14)  (Blank).   To   authorize   the  routes  of  a
27        riverboat and the stops which a riverboat may make.
28             (15)  To suspend, revoke or  restrict  licenses,  to
29        require  the  removal  of  a licensee or an employee of a
30        licensee for a violation of this Act or a Board  rule  or
31        for  engaging  in  a  fraudulent  practice, and to impose
32        civil penalties of up to $5,000 against  individuals  and
33        up  to  $10,000  or  an  amount  equal to the daily gross
34        receipts, whichever is larger, against licensees for each
 
SB1017 Enrolled            -92-                LRB9105678LDmb
 1        violation of any provision of the Act, any rules  adopted
 2        by  the Board, any order of the Board or any other action
 3        which, in the  Board's  discretion,  is  a  detriment  or
 4        impediment to riverboat gambling operations.
 5             (16)  To   hire  employees  to  gather  information,
 6        conduct investigations and  carry  out  any  other  tasks
 7        contemplated under this Act.
 8             (17)  To establish minimum levels of insurance to be
 9        maintained by licensees.
10             (18)  To  authorize  a  licensee  to  sell  or serve
11        alcoholic liquors, wine or beer as defined in the  Liquor
12        Control  Act  of  1934  on  board a riverboat and to have
13        exclusive authority to establish the hours for  sale  and
14        consumption  of  alcoholic  liquor  on board a riverboat,
15        notwithstanding any provision of the Liquor  Control  Act
16        of 1934 or any local ordinance, and regardless of whether
17        the riverboat makes excursions.  The establishment of the
18        hours  for  sale  and  consumption of alcoholic liquor on
19        board a riverboat is an exclusive power and  function  of
20        the  State.  A home rule unit may not establish the hours
21        for sale and consumption of alcoholic liquor on  board  a
22        riverboat.   This  amendatory Act of 1991 is a denial and
23        limitation  of  home  rule  powers  and  functions  under
24        subsection (h)  of  Section  6  of  Article  VII  of  the
25        Illinois Constitution.
26             (19)  After consultation with the U.S. Army Corps of
27        Engineers, to establish binding emergency orders upon the
28        concurrence  of  a  majority  of the members of the Board
29        regarding  the  navigability  of   water,   relative   to
30        excursions,  rivers  in  the  event  of  extreme  weather
31        conditions, acts of God or other extreme circumstances.
32             (20)  To delegate the execution of any of its powers
33        under  this  Act  for  the  purpose  of administering and
34        enforcing  this  Act  and  its  rules   and   regulations
 
SB1017 Enrolled            -93-                LRB9105678LDmb
 1        hereunder.
 2             (21)  To  take any other action as may be reasonable
 3        or  appropriate  to  enforce  this  Act  and  rules   and
 4        regulations hereunder.
 5        (d)  The Board may seek and shall receive the cooperation
 6    of  the  Department  of State Police in conducting background
 7    investigations  of   applicants   and   in   fulfilling   its
 8    responsibilities  under  this Section.  Costs incurred by the
 9    Department of State Police as a result  of  such  cooperation
10    shall   be   paid  by  the  Board  in  conformance  with  the
11    requirements of subsection 22 of Section  55a  of  The  Civil
12    Administrative Code of Illinois.
13    (Source: P.A. 86-1029; 86-1389; 87-826.)

14        (230 ILCS 10/6) (from Ch. 120, par. 2406)
15        Sec. 6.  Application for Owners License.
16        (a)  A  qualified  person  may  apply to the Board for an
17    owners license to conduct a riverboat gambling  operation  as
18    provided in this Act.  The application shall be made on forms
19    provided  by  the Board and shall contain such information as
20    the Board  prescribes,  including  but  not  limited  to  the
21    identity of the riverboat on which such gambling operation is
22    to  be  conducted and the exact location where such riverboat
23    will be docked, a certification that the  riverboat  will  be
24    registered  under this Act at all times during which gambling
25    operations  are  conducted  on  board,  detailed  information
26    regarding the ownership and management of the applicant,  and
27    detailed   personal   information  regarding  the  applicant.
28    Information provided on the application shall be  used  as  a
29    basis for a thorough background investigation which the Board
30    shall  conduct with respect to each applicant.  An incomplete
31    application shall be cause for denial of  a  license  by  the
32    Board.
33        (b)  Applicants  shall  submit with their application all
 
SB1017 Enrolled            -94-                LRB9105678LDmb
 1    documents, resolutions,  and  letters  of  support  from  the
 2    governing  body  that  represents  the municipality or county
 3    wherein the licensee will dock.
 4        (c)  Each applicant shall disclose the identity of  every
 5    person,  association,  trust  or corporation having a greater
 6    than  1%  direct  or  indirect  pecuniary  interest  in   the
 7    riverboat  gambling  operation  with  respect  to  which  the
 8    license  is  sought.  If the disclosed entity is a trust, the
 9    application shall disclose the names  and  addresses  of  the
10    beneficiaries;  if  a corporation, the names and addresses of
11    all stockholders and directors; if a partnership,  the  names
12    and addresses of all partners, both general and limited.
13        (d)  An  application  shall  be  filed  with the Board by
14    January 1 of the year preceding any calendar year  for  which
15    an  applicant  seeks an owners license; however, applications
16    for an owners license permitting  operations  on  January  1,
17    1991  shall  be filed by July 1, 1990.  An application fee of
18    $50,000 shall be paid at the time of  filing  to  defray  the
19    costs  associated with the background investigation conducted
20    by the Board.  If  the  costs  of  the  investigation  exceed
21    $50,000, the applicant shall pay the additional amount to the
22    Board.   If  the  costs  of  the  investigation are less than
23    $50,000,  the  applicant  shall  receive  a  refund  of   the
24    remaining  amount.   All  information,  records,  interviews,
25    reports,  statements,  memoranda or other data supplied to or
26    used  by  the  Board  in  the  course  of   its   review   or
27    investigation  of an application for a license under this Act
28    shall be privileged, strictly confidential and shall be  used
29    only  for  the  purpose  of  evaluating  an  applicant.  Such
30    information,  records,   interviews,   reports,   statements,
31    memoranda  or other data shall not be admissible as evidence,
32    nor discoverable in any action of any kind in  any  court  or
33    before  any tribunal, board, agency or person, except for any
34    action deemed necessary by the Board.
 
SB1017 Enrolled            -95-                LRB9105678LDmb
 1        (e)  The Board shall charge each applicant a fee  set  by
 2    the Department of State Police to defray the costs associated
 3    with  the  search and classification of fingerprints obtained
 4    by the Board with respect  to  the  applicant's  application.
 5    These fees shall be paid into the State Police Services Fund.
 6        (f)  The  licensed  owner  shall  be the person primarily
 7    responsible for the boat itself.  Only one riverboat gambling
 8    operation may be authorized by the Board  on  any  riverboat.
 9    The  applicant must identify each riverboat it intends to use
10    and certify  that  the  riverboat:  (1)  has  the  authorized
11    capacity  required in this Act; (2) is accessible to disabled
12    persons; and (3) is  either  a  replica  of  a  19th  century
13    Illinois riverboat or of a casino cruise ship design; and (4)
14      is  fully  registered  and  licensed in accordance with any
15    applicable laws.
16        (g)  A person who knowingly makes a false statement on an
17    application is guilty of a Class A misdemeanor.
18    (Source: P.A. 86-1029; 86-1389.)

19        (230 ILCS 10/7) (from Ch. 120, par. 2407)
20        Sec. 7.  Owners Licenses.
21        (a)  The Board shall issue owners  licenses  to  persons,
22    firms  or  corporations  which  apply  for such licenses upon
23    payment to the Board of the non-refundable license fee set by
24    the Board, upon payment of a  $25,000  license  fee  for  the
25    first  year  of  operation  and a $5,000 license fee for each
26    succeeding year and upon a determination by  the  Board  that
27    the  applicant is eligible for an owners  license pursuant to
28    this Act and the rules of  the  Board.   A  person,  firm  or
29    corporation is ineligible to receive an owners license if:
30             (1)  the person has been convicted of a felony under
31        the  laws  of  this State, any other state, or the United
32        States;
33             (2)  the person has been convicted of any  violation
 
SB1017 Enrolled            -96-                LRB9105678LDmb
 1        of   Article   28  of  the  Criminal  Code  of  1961,  or
 2        substantially similar laws of any other jurisdiction;
 3             (3)  the person has submitted an application  for  a
 4        license under this Act which contains false information;
 5             (4)  the person is a member of the Board;
 6             (5)  a  person defined in (1), (2), (3) or (4) is an
 7        officer, director or managerial employee of the  firm  or
 8        corporation;
 9             (6)  the   firm  or  corporation  employs  a  person
10        defined in (1), (2), (3) or (4) who participates  in  the
11        management or operation of gambling operations authorized
12        under this Act;
13             (7)  (blank)  the  person, firm or corporation  owns
14        more than a 10% ownership interest in any entity  holding
15        an owners license issued under this Act; or
16             (8)  a  license  of  the person, firm or corporation
17        issued under this Act, or a license  to  own  or  operate
18        gambling  facilities  in any other jurisdiction, has been
19        revoked.
20        (b)  In determining whether to grant an owners license to
21    an applicant, the Board shall consider:
22             (1)  the  character,  reputation,  experience    and
23        financial integrity of the applicants and of any other or
24        separate person that either:
25                  (A)  controls,  directly  or  indirectly,  such
26             applicant, or
27                  (B)  is  controlled, directly or indirectly, by
28             such  applicant  or  by  a  person  which  controls,
29             directly or indirectly, such applicant;
30             (2)  the facilities or proposed facilities  for  the
31        conduct of riverboat gambling;
32             (3)  the  highest  prospective  total  revenue to be
33        derived by  the  State  from  the  conduct  of  riverboat
34        gambling;
 
SB1017 Enrolled            -97-                LRB9105678LDmb
 1             (4)  the  good faith affirmative action plan of each
 2        applicant to recruit, train and upgrade minorities in all
 3        employment classifications;
 4             (5)  the  financial  ability  of  the  applicant  to
 5        purchase and maintain  adequate  liability  and  casualty
 6        insurance;
 7             (6)  whether     the    applicant    has    adequate
 8        capitalization to provide and maintain, for the  duration
 9        of a license, a riverboat; and
10             (7)  the  extent  to  which the applicant exceeds or
11        meets other standards  for  the  issuance  of  an  owners
12        license which the Board may adopt by rule.
13        (c)  Each  owners  license  shall specify the place where
14    riverboats shall operate and dock.
15        (d)  Each applicant shall submit with his application, on
16    forms provided by the Board, 2 sets of his fingerprints.
17        (e)  The Board may issue up to  10  licenses  authorizing
18    the  holders  of  such  licenses  to  own riverboats.  In the
19    application for an owners license, the applicant shall  state
20    the  dock  at  which  the  riverboat  is  based and the water
21    navigable stream on  which  the  riverboat  will  be  located
22    operate. The Board shall issue 5 licenses to become effective
23    not  earlier  than  January  1,  1991.   Three  Four  of such
24    licenses  shall   authorize   riverboat   gambling   on   the
25    Mississippi  River,  one  of  which shall authorize riverboat
26    gambling from a home dock in the city of East St. Louis. One
27    The other license shall authorize riverboat gambling  on  the
28    Illinois  River  south  of  Marshall  County. The Board shall
29    issue 1 additional license to become  effective  not  earlier
30    than  March 1, 1992, which shall authorize riverboat gambling
31    on the Des Plaines River in Will County. The Board may  issue
32    4  additional  licenses  to become effective not earlier than
33    March 1, 1992.  In determining the  water  navigable  streams
34    upon which riverboats will operate with licenses effective on
 
SB1017 Enrolled            -98-                LRB9105678LDmb
 1    or after March 1, 1992, the Board shall consider the economic
 2    benefit  which  riverboat  gambling confers on the State, and
 3    shall seek to assure that all regions of the State  share  in
 4    the economic benefits of riverboat gambling.
 5        In  granting  all  licenses, the Board may give favorable
 6    consideration to economically depressed areas of  the  State,
 7    to  applicants presenting plans which provide for significant
 8    economic development over a large  geographic  area,  and  to
 9    applicants  who  currently operate non-gambling riverboats in
10    Illinois.  The Board shall review all applications for owners
11    licenses, and shall inform  each  applicant  of  the  Board's
12    decision.
13        The  Board  may  revoke  the owners license of a licensee
14    which fails to begin conducting  gambling  regular  riverboat
15    cruises  within  15  12  months  of  receipt  of  the Board's
16    approval of the application  if  the  Board  determines  that
17    license revocation is in the best interests of the State.
18        (f)  The  first  10 owners licenses issued under this Act
19    shall permit the  holder  to  own  up  to  2  riverboats  and
20    equipment thereon for a period of 3 years after the effective
21    date  of the license. Holders of the first 10 owners licenses
22    must pay the annual license fee  for  each  of  the  3  years
23    during which they are authorized to own riverboats.
24        (g)  Upon  the  termination, expiration, or revocation of
25    each of the first 10 licenses, which shall be issued for a  3
26    year period, all licenses are renewable annually upon payment
27    of the fee and a determination by the Board that the licensee
28    continues to meet all of the requirements of this Act and the
29    Board's rules.  However, for licenses renewed on or after May
30    1, 1998, renewal shall be for a period of 4 years, unless the
31    Board sets a shorter period.
32        (h)  An  owners license shall entitle the licensee to own
33    up to 2 riverboats.  A licensee shall  limit  the  number  of
34    gambling participants to 1,200 for any such owners license. A
 
SB1017 Enrolled            -99-                LRB9105678LDmb
 1    licensee  may  operate  both  of its riverboats concurrently,
 2    provided that the total number of  gambling  participants  on
 3    both riverboats does not exceed 1,200. Riverboats licensed to
 4    operate on the Mississippi River and the Illinois River south
 5    of  Marshall  County  shall have an authorized capacity of at
 6    least 500 persons.  Any other riverboat licensed  under  this
 7    Act  shall  have  an  authorized  capacity  of  at  least 400
 8    persons.
 9        (i)  A licensed owner is authorized to apply to the Board
10    for and, if approved therefor, to receive all  licenses  from
11    the  Board  necessary  for  the  operation  of  a  riverboat,
12    including  a  liquor  license, a license to prepare and serve
13    food for human consumption,  and  other  necessary  licenses.
14    All  use, occupation and excise taxes which apply to the sale
15    of food and beverages in this State and all taxes imposed  on
16    the  sale  or use of tangible personal property apply to such
17    sales aboard the riverboat.
18        (j)  None of the first 5 licenses issued by the Board  to
19    become  effective  not  earlier  than  January  1, 1991 shall
20    authorize a riverboat  to  dock  in  a  municipality  with  a
21    population of under 2,000; however, this restriction does not
22    apply  to  any  additional  licenses  issued  by the Board to
23    become effective not earlier than March 1, 1992.   The  Board
24    may  issue  a  license  authorizing  a riverboat to dock in a
25    municipality or approve a relocation under Section 11.2  only
26    if,  prior  to  the  issuance of the license or approval, the
27    governing body of the municipality  in  which  the  riverboat
28    will  dock  has  by  a  majority vote approved the docking of
29    riverboats in  the  municipality.   The  Board  may  issue  a
30    license  authorizing a riverboat to dock in areas of a county
31    outside  any  municipality  or  approve  a  relocation  under
32    Section 11.2 only if, prior to the issuance of the license or
33    approval, the governing body of the county has by a  majority
34    vote approved of the docking of riverboats within such areas.
 
SB1017 Enrolled            -100-               LRB9105678LDmb
 1        (k)  Nothing in this Act shall be interpreted to prohibit
 2    a  licensed owner from operating a school for the training of
 3    any occupational licensee.
 4    (Source: P.A. 86-1029; 86-1389; 86-1475; 87-826.)

 5        (230 ILCS 10/11) (from Ch. 120, par. 2411)
 6        Sec. 11.  Conduct of gambling.
 7        (a)  Gambling may be conducted by licensed owners  aboard
 8    riverboats, subject to the following standards:
 9             (1)  A   licensee  may  conduct  riverboat  gambling
10        authorized  under  this  Act  regardless  of  whether  it
11        conducts excursion cruises.  A licensee  may  permit  the
12        continuous  ingress  and  egress  of  passengers  for the
13        purpose of gambling No gambling may be conducted while  a
14        riverboat is docked.
15             (2)  (Blank).  Riverboat  cruises  may  not exceed 4
16        hours for  a  round  trip,  with  the  exception  of  any
17        extended  cruises,  each  of  which  shall  be  expressly
18        approved by the Board.
19             (3)  Minimum  and  maximum  wagers on games shall be
20        set by the licensee.
21             (4)  Agents of the Board and the Department of State
22        Police may board and inspect any riverboat  at  any  time
23        for  the purpose of determining whether this Act is being
24        complied with.  Every riverboat, if under way  and  being
25        hailed  by  a  law  enforcement  officer  or agent of the
26        Board, must stop immediately and lay to.
27             (5)  Employees of the Board shall have the right  to
28        be  present  on  the  riverboat or on adjacent facilities
29        under the control of the licensee.
30             (6)  Gambling  equipment  and  supplies  customarily
31        used in conducting riverboat gambling must  be  purchased
32        or  leased  only from suppliers licensed for such purpose
33        under this Act.
 
SB1017 Enrolled            -101-               LRB9105678LDmb
 1             (7)  Persons licensed under this Act shall permit no
 2        form of wagering on gambling games except as permitted by
 3        this Act.
 4             (8)  Wagers may  be  received  only  from  a  person
 5        present  on a licensed riverboat.  No person present on a
 6        licensed riverboat shall place  or  attempt  to  place  a
 7        wager  on  behalf of another person who is not present on
 8        the riverboat.
 9             (9)  Wagering shall not be conducted with  money  or
10        other negotiable currency.
11             (10)  A  person  under age 21 shall not be permitted
12        on an  area  of  a  riverboat  where  gambling  is  being
13        conducted,  except  for a person at least 18 years of age
14        who is an employee of the riverboat  gambling  operation.
15        No  employee  under  age  21  shall  perform any function
16        involved in gambling by the patrons. No person under  age
17        21 shall be permitted to make a wager under this Act.
18             (11)  Gambling  excursion cruises are permitted only
19        when  the  waterway  navigable  stream  for   which   the
20        riverboat  is licensed is navigable, as determined by the
21        Board  in  consultation  with  the  U.S.  Army  Corps  of
22        Engineers. This paragraph (11) does not limit the ability
23        of a licensee to conduct gambling authorized  under  this
24        Act when gambling excursion cruises are not permitted.
25             (12)  All  tokens, chips or electronic cards used to
26        make wagers must  be  purchased  from  a  licensed  owner
27        either aboard a riverboat or at an onshore facility which
28        has been approved by the Board and which is located where
29        the  riverboat  docks.  The  tokens,  chips or electronic
30        cards may be purchased by means  of  an  agreement  under
31        which  the  owner  extends  credit  to  the patron.  Such
32        tokens, chips or  electronic  cards  may  be  used  while
33        aboard  the  riverboat  only  for  the  purpose of making
34        wagers on gambling games.
 
SB1017 Enrolled            -102-               LRB9105678LDmb
 1             (13)  Notwithstanding any other Section of this Act,
 2        in addition to the other licenses authorized  under  this
 3        Act,  the Board may issue special event licenses allowing
 4        persons  who  are  not  otherwise  licensed  to   conduct
 5        riverboat   gambling   to  conduct  such  gambling  on  a
 6        specified date or series of  dates.   Riverboat  gambling
 7        under  such  a  license may take place on a riverboat not
 8        normally used for riverboat gambling.   The  Board  shall
 9        establish  standards, fees and fines for, and limitations
10        upon, such licenses, which may differ from the standards,
11        fees, fines and limitations  otherwise  applicable  under
12        this  Act.   All  such  fees  shall be deposited into the
13        State Gaming Fund.  All such  fines  shall  be  deposited
14        into the Education Assistance Fund, created by Public Act
15        86-0018, of the State of Illinois.
16             (14)  In  addition  to  the  above, gambling must be
17        conducted in accordance with all  rules  adopted  by  the
18        Board.
19    (Source: P.A. 86-1029; 86-1389; 87-826.)

20        (230 ILCS 10/11.2 new)
21        Sec. 11.2. Relocation of riverboat home dock.
22        (a)  A   licensee   that  was  not  conducting  riverboat
23    gambling on January 1,  1998  may  apply  to  the  Board  for
24    renewal  and  approval  of  relocation  to  a  new  home dock
25    location authorized under Section 3(c) and  the  Board  shall
26    grant  the  application  and  approval  upon  receipt  by the
27    licensee of approval from the new municipality or county,  as
28    the  case  may  be,  in which the licensee wishes to relocate
29    pursuant to Section 7(j).
30        (b)  Any licensee that relocates its home  dock  pursuant
31    to this Section shall attain a level of at least 20% minority
32    person   and   female   ownership,   at   least  16%  and  4%
33    respectively, within a time period prescribed by  the  Board,
 
SB1017 Enrolled            -103-               LRB9105678LDmb
 1    but not to exceed 12 months from the date the licensee begins
 2    conducting  gambling  at  the  new  home  dock location.  The
 3    12-month period shall be  extended  by  the  amount  of  time
 4    necessary  to  conduct a background investigation pursuant to
 5    Section 6. For  the  purposes  of  this  Section,  the  terms
 6    "female"  and "minority person" have the meanings provided in
 7    Section 2 of the Business Enterprise for Minorities, Females,
 8    and Persons with Disabilities Act.

 9        (230 ILCS 10/12) (from Ch. 120, par. 2412)
10        Sec. 12. Admission tax; fees.
11        (a)  A tax is hereby imposed upon admissions to  gambling
12    excursions  authorized  pursuant  to this Act at a rate of $2
13    per person admitted.  This admission tax is imposed upon  the
14    licensed owner conducting the gambling excursion.
15             (1)  If  tickets  are issued which are good for more
16        than one gambling excursion, The admission tax  shall  be
17        paid  for  each admission person using the ticket on each
18        gambling excursion for which the ticket is used.
19             (2)  (Blank).  If  free  passes   or   complimentary
20        admission  tickets are issued, the licensee shall pay the
21        same tax upon these passes or complimentary tickets as if
22        they were sold at the regular and usual admission rate.
23             (3)  The  riverboat  licensee  may  issue   tax-free
24        passes to actual and necessary officials and employees of
25        the  licensee  or  other  persons actually working on the
26        riverboat.
27             (4)  The number and issuance of tax-free  passes  is
28        subject  to  the  rules  of  the Board, and a list of all
29        persons to whom the tax-free passes are issued  shall  be
30        filed with the Board.
31        (b)  From  the  $2  tax  imposed  under subsection (a), a
32    municipality shall receive from the State $1 for each  person
33    embarking  on a riverboat docked within the municipality, and
 
SB1017 Enrolled            -104-               LRB9105678LDmb
 1    a county shall receive $1 for  each  person  embarking  on  a
 2    riverboat docked within the county but outside the boundaries
 3    of  any  municipality.  The  municipality's or county's share
 4    shall be collected by the Board on behalf of  the  State  and
 5    remitted quarterly by the State, subject to appropriation, to
 6    the  treasurer of the unit of local government for deposit in
 7    the general fund.
 8        (c)  The licensed owner shall pay  the  entire  admission
 9    tax  to  the  Board.  Such  payments  shall  be  made  daily.
10    Accompanying each payment shall be a return on forms provided
11    by  the Board which shall include other information regarding
12    admissions as the  Board  may  require.   Failure  to  submit
13    either  the  payment  or the return within the specified time
14    may result in suspension or revocation of the owners license.
15        (d)  The Board shall administer and collect the admission
16    tax imposed by this Section, to the extent practicable, in  a
17    manner  consistent  with the provisions of Sections 4, 5, 5a,
18    5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9 and 10 of
19    the Retailers' Occupation Tax Act  and  Section  3-7  of  the
20    Uniform Penalty and Interest Act.
21    (Source: P.A. 86-1029; 86-1389; 87-205; 87-895.)

22        (230 ILCS 10/13) (from Ch. 120, par. 2413)
23        Sec. 13.  Wagering tax; rate; distribution.
24        (a)  Until  January  1,  1998,  a  tax  is imposed on the
25    adjusted  gross  receipts  received   from   gambling   games
26    authorized under this Act at the rate of 20%.
27        Beginning  January 1, 1998, a privilege tax is imposed on
28    persons engaged  in  the  business  of  conducting  riverboat
29    gambling  operations,  based  on  the adjusted gross receipts
30    received by a licensed owner from gambling  games  authorized
31    under this Act at the following rates:
32             15%  of  annual  adjusted  gross  receipts up to and
33        including $25,000,000;
 
SB1017 Enrolled            -105-               LRB9105678LDmb
 1             20% of annual adjusted gross receipts in  excess  of
 2        $25,000,000 but not exceeding $50,000,000;
 3             25%  of  annual adjusted gross receipts in excess of
 4        $50,000,000 but not exceeding $75,000,000;
 5             30% of annual adjusted gross receipts in  excess  of
 6        $75,000,000 but not exceeding $100,000,000;
 7             35%  of  annual adjusted gross receipts in excess of
 8        $100,000,000.
 9        The taxes imposed by this Section shall be  paid  by  the
10    licensed  owner to the Board not later than 3:00 o'clock p.m.
11    of the day after the day when the wagers were made.
12        (b)  Until January  1,  1998,  25%  of  the  tax  revenue
13    deposited  in  the State Gaming Fund under this Section shall
14    be paid, subject to appropriation by the General Assembly, to
15    the unit of local government which is designated as the  home
16    dock  of  the riverboat.  Beginning January 1, 1998, from the
17    tax revenue deposited in the State  Gaming  Fund  under  this
18    Section,  an  amount  equal  to 5% of adjusted gross receipts
19    generated by a riverboat shall be paid  monthly,  subject  to
20    appropriation  by  the General Assembly, to the unit of local
21    government that  is  designated  as  the  home  dock  of  the
22    riverboat.
23        (c)  Appropriations, as approved by the General Assembly,
24    may  be  made from the State Gaming Fund to the Department of
25    Revenue  and  the  Department  of  State   Police   for   the
26    administration and enforcement of this Act.
27        (c-5)  After  the payments required under subsections (b)
28    and (c) have been  made,  an  amount  equal  to  15%  of  the
29    adjusted  gross  receipts  of  a riverboat (1) that relocates
30    pursuant to Section 11.2, or (2) for which an owners  license
31    is   initially  issued  after  the  effective  date  of  this
32    amendatory Act of 1999, whichever comes first, shall be  paid
33    from the State Gaming Fund into the Horse Racing Equity Fund.
34        (c-10)  Each  year the General Assembly shall appropriate
 
SB1017 Enrolled            -106-               LRB9105678LDmb
 1    from the General Revenue Fund  to  the  Education  Assistance
 2    Fund an amount equal to the amount paid into the Horse Racing
 3    Equity  Fund  pursuant  to  subsection  (c-5)  in  the  prior
 4    calendar year.
 5        (c-15)  After  the  payments  required  under subsections
 6    (b), (c), and (c-5) have been made, an amount equal to 2%  of
 7    the adjusted gross receipts of a riverboat (1) that relocates
 8    pursuant  to Section 11.2, or (2) for which an owners license
 9    is  initially  issued  after  the  effective  date  of   this
10    amendatory Act of 1999, whichever comes first, shall be paid,
11    subject  to appropriation from the General Assembly, from the
12    State Gaming Fund to each home rule county with a  population
13    of  over  3,000,000  inhabitants for the purpose of enhancing
14    the county's criminal justice system.
15        (c-20)  Each year the General Assembly shall  appropriate
16    from  the  General  Revenue  Fund to the Education Assistance
17    Fund an amount equal to the amount paid  to  each  home  rule
18    county  with  a  population  of  over  3,000,000  inhabitants
19    pursuant to subsection (c-15) in the prior calendar year.
20        (c-25)  After  the  payments  required  under subsections
21    (b), (c), (c-5) and (c-15) have been made, an amount equal to
22    2% of the adjusted gross receipts of  a  riverboat  (1)  that
23    relocates  pursuant  to  Section  11.2,  or  (2) for which an
24    owners license is initially issued after the  effective  date
25    of  this amendatory Act of 1999, whichever comes first, shall
26    be  paid  from  the  State  Gaming  Fund   into   the   State
27    Universities Athletic Capital Improvement Fund.
28        (d)  From  time  to  time,  the  Board shall transfer the
29    remainder of  the  funds  generated  by  this  Act  into  the
30    Education  Assistance Fund, created by Public Act 86-0018, of
31    the State of Illinois.
32        (e)  Nothing in this Act shall prohibit the unit of local
33    government designated as the home dock of the riverboat  from
34    entering into agreements with other units of local government
 
SB1017 Enrolled            -107-               LRB9105678LDmb
 1    in  this State or in other states to share its portion of the
 2    tax revenue.
 3        (f)  To  the  extent   practicable,   the   Board   shall
 4    administer  and  collect  the  wagering taxes imposed by this
 5    Section  in  a  manner  consistent  with  the  provisions  of
 6    Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
 7    6c, 8, 9, and 10 of the Retailers'  Occupation  Tax  Act  and
 8    Section 3-7 of the Uniform Penalty and Interest Act.
 9    (Source: P.A. 89-21, eff. 7-1-95; 90-548, eff. 12-4-97.)

10        (230 ILCS 10/18) (from Ch. 120, par. 2418)
11        Sec. 18.  Prohibited Activities - Penalty.
12        (a)  A  person  is  guilty  of  a Class A misdemeanor for
13    doing any of the following:
14             (1)  Conducting Operating a gambling excursion where
15        wagering is used or to be used without a  license  issued
16        by the Board.
17             (2)  Conducting Operating a gambling excursion where
18        wagering  is permitted other than in the manner specified
19        by Section 11.
20        (b)  A person is guilty of  a  Class  B  misdemeanor  for
21    doing any of the following:
22             (1)  permitting  a  person  under 21 years to make a
23        wager; or
24             (2)  violating paragraph (12) of subsection  (a)  of
25        Section 11 of this Act.
26        (c)  A  person  wagering  or  accepting  a  wager  at any
27    location outside the riverboat is subject to the penalties in
28    paragraphs (1) or (2) of subsection (a) of  Section  28-1  of
29    the Criminal Code of 1961.
30        (d)  A  person commits a Class 4 felony and, in addition,
31    shall  be  barred  for  life  from   riverboats   under   the
32    jurisdiction  of  the  Board,  if  the person does any of the
33    following:
 
SB1017 Enrolled            -108-               LRB9105678LDmb
 1             (1)  Offers, promises, or gives anything of value or
 2        benefit to a person who is  connected  with  a  riverboat
 3        owner  including,  but  not  limited  to,  an  officer or
 4        employee of a licensed owner or holder of an occupational
 5        license pursuant to an agreement or arrangement  or  with
 6        the  intent that the promise or thing of value or benefit
 7        will influence the actions of  the  person  to  whom  the
 8        offer,  promise,  or  gift was made in order to affect or
 9        attempt to affect the outcome of a gambling game,  or  to
10        influence official action of a member of the Board.
11             (2)  Solicits  or  knowingly  accepts  or receives a
12        promise of anything of value or benefit while the  person
13        is  connected with a riverboat including, but not limited
14        to, an officer or employee of a licensed owner, or holder
15        of an occupational license, pursuant to an  understanding
16        or  arrangement  or  with  the intent that the promise or
17        thing of value or benefit will influence the  actions  of
18        the  person to affect or attempt to affect the outcome of
19        a gambling game, or to influence  official  action  of  a
20        member of the Board.
21             (3)  Uses  or  possesses  with  the  intent to use a
22        device to assist:
23                  (i)  In projecting the outcome of the game.
24                  (ii)  In keeping track of the cards played.
25                  (iii)  In  analyzing  the  probability  of  the
26             occurrence of an  event  relating  to  the  gambling
27             game.
28                  (iv)  In  analyzing the strategy for playing or
29             betting to be used in the game except  as  permitted
30             by the Board.
31             (4)  Cheats at a gambling game.
32             (5)  Manufactures,  sells, or distributes any cards,
33        chips, dice, game or device which is intended to be  used
34        to violate any provision of this Act.
 
SB1017 Enrolled            -109-               LRB9105678LDmb
 1             (6)  Alters   or  misrepresents  the  outcome  of  a
 2        gambling game on which wagers have been  made  after  the
 3        outcome  is  made  sure  but before it is revealed to the
 4        players.
 5             (7)  Places a bet  after  acquiring  knowledge,  not
 6        available  to all players, of the outcome of the gambling
 7        game which is subject of the bet or to aid  a  person  in
 8        acquiring  the knowledge for the purpose of placing a bet
 9        contingent on that outcome.
10             (8)  Claims, collects,  or  takes,  or  attempts  to
11        claim, collect, or take, money or anything of value in or
12        from  the gambling games, with intent to defraud, without
13        having made a wager  contingent  on  winning  a  gambling
14        game, or claims, collects, or takes an amount of money or
15        thing of value of greater value than the amount won.
16             (9)  Uses  counterfeit chips or tokens in a gambling
17        game.
18             (10)  Possesses any key or device designed  for  the
19        purpose  of opening, entering, or affecting the operation
20        of a  gambling  game,  drop  box,  or  an  electronic  or
21        mechanical device connected with the gambling game or for
22        removing  coins,  tokens,   chips  or other contents of a
23        gambling game.  This paragraph (10) does not apply  to  a
24        gambling  licensee  or  employee  of  a gambling licensee
25        acting in furtherance of the employee's employment.
26        (e)  The possession of  more  than  one  of  the  devices
27    described  in  subsection  (d),  paragraphs  (3), (5) or (10)
28    permits a rebuttable presumption that the possessor  intended
29    to use the devices for cheating.
30        An action to prosecute any crime occurring on a riverboat
31      during a gambling excursion shall be tried in the county of
32    the dock at which the riverboat is based.
33    (Source: P.A. 86-1029; 87-826.)
 
SB1017 Enrolled            -110-               LRB9105678LDmb
 1        (30 ILCS 105/5.26b rep.)
 2        (30 ILCS 105/5.211 rep.)
 3        Section  20.   The  State  Finance  Act  is  amended   by
 4    repealing Sections 5.26b and 5.211.

 5        (230 ILCS 5/20.5 rep.)
 6        (230 ILCS 5/26.6 rep.)
 7        Section  25.   The  Illinois  Horse Racing Act of 1975 is
 8    amended by repealing Sections 20.5 and 26.6.

 9        Section 30.  Inseverability.  The provisions of this  Act
10    are  mutually dependent and inseverable.  If any provision is
11    held invalid other than as applied to a particular person  or
12    circumstance, then this entire Act is invalid.

13        Section  99.  Effective date.  This Act takes effect upon
14    becoming law, except that Sections  12  and  20  take  effect
15    January 1, 2000.

[ Top ]