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|[ House Amendment 001 ]|
92_HB3090 LRB9201929LDprA 1 AN ACT in relation to gambling. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Lottery Law is amended by 5 changing Section 15 as follows: 6 (20 ILCS 1605/15) (from Ch. 120, par. 1165) 7 Sec. 15. No person
minorunder 21 18years of age shall 8 buy a lottery ticket or share. No person shall sell, 9 distribute samples of, or furnish a lottery ticket or share 10 to any person minorunder 21 18years of age, buy a lottery 11 ticket or share for any person minorunder 21 18years of 12 age, or aid and abet in the purchase of lottery tickets or 13 shares by a person minorunder 21 18years of age. 14 No ticket or share shall be purchased by, and no prize 15 shall be paid to any of the following persons: any member of 16 the Board or any officer or other person employed by the 17 Board or by the Department; any spouse, child, brother, 18 sister or parent residing as a member of the same household 19 in the principal place of abode of any such persons; or any 20 person minorunder 21 18years of age. 21 Any violation of this Section by a person other than a 22 purchaser who is not at least 21 years of age the purchasing23 minorshall be a Class B misdemeanor; provided, that if any 24 violation of this Section is a subsequent violation, the 25 offender shall be guilty of a Class 4 felony. 26 Notwithstanding any provision to the contrary, a violation of 27 this Section by a person minorunder 21 18years of age shall 28 be a petty offense. 29 (Source: P.A. 90-346, eff. 8-8-97.) 30 Section 10. The Illinois Horse Racing Act of 1975 is -2- LRB9201929LDprA 1 amended by changing Section 26 and adding Section 34.2 as 2 follows: 3 (230 ILCS 5/26) (from Ch. 8, par. 37-26) 4 Sec. 26. Wagering. 5 (a) Any licensee may conduct and supervise the 6 pari-mutuel system of wagering, as defined in Section 3.12 of 7 this Act, on horse races conducted by an Illinois 8 organization licensee or conducted at a racetrack located in 9 another state or country and televised in Illinois in 10 accordance with subsection (g) of Section 26 of this Act. 11 Subject to the prior consent of the Board, licensees may 12 supplement any pari-mutuel pool in order to guarantee a 13 minimum distribution. Such pari-mutuel method of wagering 14 shall not, under any circumstances if conducted under the 15 provisions of this Act, be held or construed to be unlawful, 16 other statutes of this State to the contrary notwithstanding. 17 Subject to rules for advance wagering promulgated by the 18 Board, any licensee may accept wagers in advance of the day 19 of the race wagered upon occurs. 20 (b) No other method of betting, pool making, wagering or 21 gambling shall be used or permitted by the licensee. Each 22 licensee may retain, subject to the payment of all applicable 23 taxes and purses, an amount not to exceed 17% of all money 24 wagered under subsection (a) of this Section, except as may 25 otherwise be permitted under this Act. 26 (b-5) An individual may place a wager under the 27 pari-mutuel system from any licensed location authorized 28 under this Act provided that wager is electronically recorded 29 in the manner described in Section 3.12 of this Act. Any 30 wager made electronically by an individual while physically 31 on the premises of a licensee shall be deemed to have been 32 made at the premises of that licensee. 33 (c) Until January 1, 2000, the sum held by any licensee -3- LRB9201929LDprA 1 for payment of outstanding pari-mutuel tickets, if unclaimed 2 prior to December 31 of the next year, shall be retained by 3 the licensee for payment of such tickets until that date. 4 Within 10 days thereafter, the balance of such sum remaining 5 unclaimed, less any uncashed supplements contributed by such 6 licensee for the purpose of guaranteeing minimum 7 distributions of any pari-mutuel pool, shall be paid to the 8 Illinois Veterans' Rehabilitation Fund of the State treasury, 9 except as provided in subsection (g) of Section 27 of this 10 Act. 11 (c-5) Beginning January 1, 2000, the sum held by any 12 licensee for payment of outstanding pari-mutuel tickets, if 13 unclaimed prior to December 31 of the next year, shall be 14 retained by the licensee for payment of such tickets until 15 that date. Within 10 days thereafter, the balance of such 16 sum remaining unclaimed, less any uncashed supplements 17 contributed by such licensee for the purpose of guaranteeing 18 minimum distributions of any pari-mutuel pool, shall be 19 evenly distributed to the purse account of the organization 20 licensee and the organization licensee. 21 (d) A pari-mutuel ticket shall be honored until December 22 31 of the next calendar year, and the licensee shall pay the 23 same and may charge the amount thereof against unpaid money 24 similarly accumulated on account of pari-mutuel tickets not 25 presented for payment. 26 (e) No licensee shall knowingly permit any minor, other 27 than an employee of such licensee or an owner, trainer, 28 jockey, driver, or employee thereof, to be admitted during a 29 racing program unless accompanied by a parent or guardian, or 30 any person who is not at least 21 years of age to be a patron 31 of the pari-mutuel system of wagering conducted or supervised 32 by it. The admission of any unaccompanied minor, other than 33 an employee of the licensee or an owner, trainer, jockey, 34 driver, or employee thereof at a race track is a Class C -4- LRB9201929LDprA 1 misdemeanor. 2 (f) Notwithstanding the other provisions of this Act, an 3 organization licensee may contract with an entity in another 4 state or country to permit any legal wagering entity in 5 another state or country to accept wagers solely within such 6 other state or country on races conducted by the organization 7 licensee in this State. Beginning January 1, 2000, these 8 wagers shall not be subject to State taxation. Until January 9 1, 2000, when the out-of-State entity conducts a pari-mutuel 10 pool separate from the organization licensee, a privilege tax 11 equal to 7 1/2% of all monies received by the organization 12 licensee from entities in other states or countries pursuant 13 to such contracts is imposed on the organization licensee, 14 and such privilege tax shall be remitted to the Department of 15 Revenue within 48 hours of receipt of the moneys from the 16 simulcast. When the out-of-State entity conducts a combined 17 pari-mutuel pool with the organization licensee, the tax 18 shall be 10% of all monies received by the organization 19 licensee with 25% of the receipts from this 10% tax to be 20 distributed to the county in which the race was conducted. 21 An organization licensee may permit one or more of its 22 races to be utilized for pari-mutuel wagering at one or more 23 locations in other states and may transmit audio and visual 24 signals of races the organization licensee conducts to one or 25 more locations outside the State or country and may also 26 permit pari-mutuel pools in other states or countries to be 27 combined with its gross or net wagering pools or with 28 wagering pools established by other states. 29 (g) A host track may accept interstate simulcast wagers 30 on horse races conducted in other states or countries and 31 shall control the number of signals and types of breeds of 32 racing in its simulcast program, subject to the disapproval 33 of the Board. The Board may prohibit a simulcast program 34 only if it finds that the simulcast program is clearly -5- LRB9201929LDprA 1 adverse to the integrity of racing. The host track simulcast 2 program shall include the signal of live racing of all 3 organization licensees. All non-host licensees shall carry 4 the host track simulcast program and accept wagers on all 5 races included as part of the simulcast program upon which 6 wagering is permitted. The costs and expenses of the host 7 track and non-host licensees associated with interstate 8 simulcast wagering, other than the interstate commission fee, 9 shall be borne by the host track and all non-host licensees 10 incurring these costs. The interstate commission fee shall 11 not exceed 5% of Illinois handle on the interstate simulcast 12 race or races without prior approval of the Board. The Board 13 shall promulgate rules under which it may permit interstate 14 commission fees in excess of 5%. The interstate commission 15 fee and other fees charged by the sending racetrack, 16 including, but not limited to, satellite decoder fees, shall 17 be uniformly applied to the host track and all non-host 18 licensees. 19 (1) Between the hours of 6:30 a.m. and 6:30 p.m. an 20 intertrack wagering licensee other than the host track 21 may supplement the host track simulcast program with 22 additional simulcast races or race programs, provided 23 that between January 1 and the third Friday in February 24 of any year, inclusive, if no live thoroughbred racing is 25 occurring in Illinois during this period, only 26 thoroughbred races may be used for supplemental 27 interstate simulcast purposes. The Board shall withhold 28 approval for a supplemental interstate simulcast only if 29 it finds that the simulcast is clearly adverse to the 30 integrity of racing. A supplemental interstate simulcast 31 may be transmitted from an intertrack wagering licensee 32 to its affiliated non-host licensees. The interstate 33 commission fee for a supplemental interstate simulcast 34 shall be paid by the non-host licensee and its affiliated -6- LRB9201929LDprA 1 non-host licensees receiving the simulcast. 2 (2) Between the hours of 6:30 p.m. and 6:30 a.m. an 3 intertrack wagering licensee other than the host track 4 may receive supplemental interstate simulcasts only with 5 the consent of the host track, except when the Board 6 finds that the simulcast is clearly adverse to the 7 integrity of racing. Consent granted under this 8 paragraph (2) to any intertrack wagering licensee shall 9 be deemed consent to all non-host licensees. The 10 interstate commission fee for the supplemental interstate 11 simulcast shall be paid by all participating non-host 12 licensees. 13 (3) Each licensee conducting interstate simulcast 14 wagering may retain, subject to the payment of all 15 applicable taxes and the purses, an amount not to exceed 16 17% of all money wagered. If any licensee conducts the 17 pari-mutuel system wagering on races conducted at 18 racetracks in another state or country, each such race or 19 race program shall be considered a separate racing day 20 for the purpose of determining the daily handle and 21 computing the privilege tax of that daily handle as 22 provided in subsection (a) of Section 27. Until January 23 1, 2000, from the sums permitted to be retained pursuant 24 to this subsection, each intertrack wagering location 25 licensee shall pay 1% of the pari-mutuel handle wagered 26 on simulcast wagering to the Horse Racing Tax Allocation 27 Fund, subject to the provisions of subparagraph (B) of 28 paragraph (11) of subsection (h) of Section 26 of this 29 Act. 30 (4) A licensee who receives an interstate simulcast 31 may combine its gross or net pools with pools at the 32 sending racetracks pursuant to rules established by the 33 Board. All licensees combining their gross pools at a 34 sending racetrack shall adopt the take-out percentages of -7- LRB9201929LDprA 1 the sending racetrack. A licensee may also establish a 2 separate pool and takeout structure for wagering purposes 3 on races conducted at race tracks outside of the State of 4 Illinois. The licensee may permit pari-mutuel wagers 5 placed in other states or countries to be combined with 6 its gross or net wagering pools or other wagering pools. 7 (5) After the payment of the interstate commission 8 fee (except for the interstate commission fee on a 9 supplemental interstate simulcast, which shall be paid by 10 the host track and by each non-host licensee through the 11 host-track) and all applicable State and local taxes, 12 except as provided in subsection (g) of Section 27 of 13 this Act, the remainder of moneys retained from simulcast 14 wagering pursuant to this subsection (g), and Section 15 26.2 shall be divided as follows: 16 (A) For interstate simulcast wagers made at a 17 host track, 50% to the host track and 50% to purses 18 at the host track. 19 (B) For wagers placed on interstate simulcast 20 races, supplemental simulcasts as defined in 21 subparagraphs (1) and (2), and separately pooled 22 races conducted outside of the State of Illinois 23 made at a non-host licensee, 25% to the host track, 24 25% to the non-host licensee, and 50% to the purses 25 at the host track. 26 (6) Notwithstanding any provision in this Act to 27 the contrary, non-host licensees who derive their 28 licenses from a track located in a county with a 29 population in excess of 230,000 and that borders the 30 Mississippi River may receive supplemental interstate 31 simulcast races at all times subject to Board approval, 32 which shall be withheld only upon a finding that a 33 supplemental interstate simulcast is clearly adverse to 34 the integrity of racing. -8- LRB9201929LDprA 1 (7) Notwithstanding any provision of this Act to 2 the contrary, after payment of all applicable State and 3 local taxes and interstate commission fees, non-host 4 licensees who derive their licenses from a track located 5 in a county with a population in excess of 230,000 and 6 that borders the Mississippi River shall retain 50% of 7 the retention from interstate simulcast wagers and shall 8 pay 50% to purses at the track from which the non-host 9 licensee derives its license as follows: 10 (A) Between January 1 and the third Friday in 11 February, inclusive, if no live thoroughbred racing 12 is occurring in Illinois during this period, when 13 the interstate simulcast is a standardbred race, the 14 purse share to its standardbred purse account; 15 (B) Between January 1 and the third Friday in 16 February, inclusive, if no live thoroughbred racing 17 is occurring in Illinois during this period, and the 18 interstate simulcast is a thoroughbred race, the 19 purse share to its interstate simulcast purse pool 20 to be distributed under paragraph (10) of this 21 subsection (g); 22 (C) Between January 1 and the third Friday in 23 February, inclusive, if live thoroughbred racing is 24 occurring in Illinois, between 6:30 a.m. and 6:30 25 p.m. the purse share from wagers made during this 26 time period to its thoroughbred purse account and 27 between 6:30 p.m. and 6:30 a.m. the purse share from 28 wagers made during this time period to its 29 standardbred purse accounts; 30 (D) Between the third Saturday in February and 31 December 31, when the interstate simulcast occurs 32 between the hours of 6:30 a.m. and 6:30 p.m., the 33 purse share to its thoroughbred purse account; 34 (E) Between the third Saturday in February and -9- LRB9201929LDprA 1 December 31, when the interstate simulcast occurs 2 between the hours of 6:30 p.m. and 6:30 a.m., the 3 purse share to its standardbred purse account. 4 (8) Notwithstanding any provision in this Act to 5 the contrary, an organization licensee from a track 6 located in a county with a population in excess of 7 230,000 and that borders the Mississippi River and its 8 affiliated non-host licensees shall not be entitled to 9 share in any retention generated on racing, inter-track 10 wagering, or simulcast wagering at any other Illinois 11 wagering facility. 12 (8.1) Notwithstanding any provisions in this Act to 13 the contrary, if 2 organization licensees are conducting 14 standardbred race meetings concurrently between the hours 15 of 6:30 p.m. and 6:30 a.m., after payment of all 16 applicable State and local taxes and interstate 17 commission fees, the remainder of the amount retained 18 from simulcast wagering otherwise attributable to the 19 host track and to host track purses shall be split daily 20 between the 2 organization licensees and the purses at 21 the tracks of the 2 organization licensees, respectively, 22 based on each organization licensee's share of the total 23 live handle for that day, provided that this provision 24 shall not apply to any non-host licensee that derives its 25 license from a track located in a county with a 26 population in excess of 230,000 and that borders the 27 Mississippi River. 28 (9) (Blank). 29 (10) (Blank). 30 (11) (Blank). 31 (12) The Board shall have authority to compel all 32 host tracks to receive the simulcast of any or all races 33 conducted at the Springfield or DuQuoin State fairgrounds 34 and include all such races as part of their simulcast -10- LRB9201929LDprA 1 programs. 2 (13) Notwithstanding any other provision of this 3 Act, in the event that the total Illinois pari-mutuel 4 handle on Illinois horse races at all wagering facilities 5 in any calendar year is less than 75% of the total 6 Illinois pari-mutuel handle on Illinois horse races at 7 all such wagering facilities for calendar year 1994, then 8 each wagering facility that has an annual total Illinois 9 pari-mutuel handle on Illinois horse races that is less 10 than 75% of the total Illinois pari-mutuel handle on 11 Illinois horse races at such wagering facility for 12 calendar year 1994, shall be permitted to receive, from 13 any amount otherwise payable to the purse account at the 14 race track with which the wagering facility is affiliated 15 in the succeeding calendar year, an amount equal to 2% of 16 the differential in total Illinois pari-mutuel handle on 17 Illinois horse races at the wagering facility between 18 that calendar year in question and 1994 provided, 19 however, that a wagering facility shall not be entitled 20 to any such payment until the Board certifies in writing 21 to the wagering facility the amount to which the wagering 22 facility is entitled and a schedule for payment of the 23 amount to the wagering facility, based on: (i) the racing 24 dates awarded to the race track affiliated with the 25 wagering facility during the succeeding year; (ii) the 26 sums available or anticipated to be available in the 27 purse account of the race track affiliated with the 28 wagering facility for purses during the succeeding year; 29 and (iii) the need to ensure reasonable purse levels 30 during the payment period. The Board's certification 31 shall be provided no later than January 31 of the 32 succeeding year. In the event a wagering facility 33 entitled to a payment under this paragraph (13) is 34 affiliated with a race track that maintains purse -11- LRB9201929LDprA 1 accounts for both standardbred and thoroughbred racing, 2 the amount to be paid to the wagering facility shall be 3 divided between each purse account pro rata, based on the 4 amount of Illinois handle on Illinois standardbred and 5 thoroughbred racing respectively at the wagering facility 6 during the previous calendar year. Annually, the General 7 Assembly shall appropriate sufficient funds from the 8 General Revenue Fund to the Department of Agriculture for 9 payment into the thoroughbred and standardbred horse 10 racing purse accounts at Illinois pari-mutuel tracks. 11 The amount paid to each purse account shall be the amount 12 certified by the Illinois Racing Board in January to be 13 transferred from each account to each eligible racing 14 facility in accordance with the provisions of this 15 Section. 16 (h) The Board may approve and license the conduct of 17 inter-track wagering and simulcast wagering by inter-track 18 wagering licensees and inter-track wagering location 19 licensees subject to the following terms and conditions: 20 (1) Any person licensed to conduct a race meeting 21 at a track where 60 or more days of racing were conducted 22 during the immediately preceding calendar year or where 23 over the 5 immediately preceding calendar years an 24 average of 30 or more days of racing were conducted 25 annually or at a track located in a county that is 26 bounded by the Mississippi River, which has a population 27 of less than 150,000 according to the 1990 decennial 28 census, and an average of at least 60 days of racing per 29 year between 1985 and 1993 may be issued an inter-track 30 wagering license. Any such person having operating 31 control of the racing facility may also receive up to 6 32 inter-track wagering location licenses. In no event shall 33 more than 6 inter-track wagering locations be established 34 for each eligible race track, except that an eligible -12- LRB9201929LDprA 1 race track located in a county that has a population of 2 more than 230,000 and that is bounded by the Mississippi 3 River may establish up to 7 inter-track wagering 4 locations. An application for said license shall be filed 5 with the Board prior to such dates as may be fixed by the 6 Board. With an application for an inter-track wagering 7 location license there shall be delivered to the Board a 8 certified check or bank draft payable to the order of the 9 Board for an amount equal to $500. The application shall 10 be on forms prescribed and furnished by the Board. The 11 application shall comply with all other rules, 12 regulations and conditions imposed by the Board in 13 connection therewith. 14 (2) The Board shall examine the applications with 15 respect to their conformity with this Act and the rules 16 and regulations imposed by the Board. If found to be in 17 compliance with the Act and rules and regulations of the 18 Board, the Board may then issue a license to conduct 19 inter-track wagering and simulcast wagering to such 20 applicant. All such applications shall be acted upon by 21 the Board at a meeting to be held on such date as may be 22 fixed by the Board. 23 (3) In granting licenses to conduct inter-track 24 wagering and simulcast wagering, the Board shall give due 25 consideration to the best interests of the public, of 26 horse racing, and of maximizing revenue to the State. 27 (4) Prior to the issuance of a license to conduct 28 inter-track wagering and simulcast wagering, the 29 applicant shall file with the Board a bond payable to the 30 State of Illinois in the sum of $50,000, executed by the 31 applicant and a surety company or companies authorized to 32 do business in this State, and conditioned upon (i) the 33 payment by the licensee of all taxes due under Section 27 34 or 27.1 and any other monies due and payable under this -13- LRB9201929LDprA 1 Act, and (ii) distribution by the licensee, upon 2 presentation of the winning ticket or tickets, of all 3 sums payable to the patrons of pari-mutuel pools. 4 (5) Each license to conduct inter-track wagering 5 and simulcast wagering shall specify the person to whom 6 it is issued, the dates on which such wagering is 7 permitted, and the track or location where the wagering 8 is to be conducted. 9 (6) All wagering under such license is subject to 10 this Act and to the rules and regulations from time to 11 time prescribed by the Board, and every such license 12 issued by the Board shall contain a recital to that 13 effect. 14 (7) An inter-track wagering licensee or inter-track 15 wagering location licensee may accept wagers at the track 16 or location where it is licensed, or as otherwise 17 provided under this Act. 18 (8) Inter-track wagering or simulcast wagering 19 shall not be conducted at any track less than 5 miles 20 from a track at which a racing meeting is in progress. 21 (8.1) Inter-track wagering location licensees who 22 derive their licenses from a particular organization 23 licensee shall conduct inter-track wagering and simulcast 24 wagering only at locations which are either within 90 25 miles of that race track where the particular 26 organization licensee is licensed to conduct racing, or 27 within 135 miles of that race track where the particular 28 organization licensee is licensed to conduct racing in 29 the case of race tracks in counties of less than 400,000 30 that were operating on or before June 1, 1986. However, 31 inter-track wagering and simulcast wagering shall not be 32 conducted by those licensees at any location within 5 33 miles of any race track at which a horse race meeting has 34 been licensed in the current year, unless the person -14- LRB9201929LDprA 1 having operating control of such race track has given its 2 written consent to such inter-track wagering location 3 licensees, which consent must be filed with the Board at 4 or prior to the time application is made. 5 (8.2) Inter-track wagering or simulcast wagering 6 shall not be conducted by an inter-track wagering 7 location licensee at any location within 500 feet of an 8 existing church or existing school, nor within 500 feet 9 of the residences of more than 50 registered voters 10 without receiving written permission from a majority of 11 the registered voters at such residences. Such written 12 permission statements shall be filed with the Board. The 13 distance of 500 feet shall be measured to the nearest 14 part of any building used for worship services, education 15 programs, residential purposes, or conducting inter-track 16 wagering by an inter-track wagering location licensee, 17 and not to property boundaries. However, inter-track 18 wagering or simulcast wagering may be conducted at a site 19 within 500 feet of a church, school or residences of 50 20 or more registered voters if such church, school or 21 residences have been erected or established, or such 22 voters have been registered, after the Board issues the 23 original inter-track wagering location license at the 24 site in question. Inter-track wagering location licensees 25 may conduct inter-track wagering and simulcast wagering 26 only in areas that are zoned for commercial or 27 manufacturing purposes or in areas for which a special 28 use has been approved by the local zoning authority. 29 However, no license to conduct inter-track wagering and 30 simulcast wagering shall be granted by the Board with 31 respect to any inter-track wagering location within the 32 jurisdiction of any local zoning authority which has, by 33 ordinance or by resolution, prohibited the establishment 34 of an inter-track wagering location within its -15- LRB9201929LDprA 1 jurisdiction. However, inter-track wagering and 2 simulcast wagering may be conducted at a site if such 3 ordinance or resolution is enacted after the Board 4 licenses the original inter-track wagering location 5 licensee for the site in question. 6 (9) (Blank). 7 (10) An inter-track wagering licensee or an 8 inter-track wagering location licensee may retain, 9 subject to the payment of the privilege taxes and the 10 purses, an amount not to exceed 17% of all money wagered. 11 Each program of racing conducted by each inter-track 12 wagering licensee or inter-track wagering location 13 licensee shall be considered a separate racing day for 14 the purpose of determining the daily handle and computing 15 the privilege tax or pari-mutuel tax on such daily handle 16 as provided in Section 27. 17 (10.1) Except as provided in subsection (g) of 18 Section 27 of this Act, inter-track wagering location 19 licensees shall pay 1% of the pari-mutuel handle at each 20 location to the municipality in which such location is 21 situated and 1% of the pari-mutuel handle at each 22 location to the county in which such location is 23 situated. In the event that an inter-track wagering 24 location licensee is situated in an unincorporated area 25 of a county, such licensee shall pay 2% of the 26 pari-mutuel handle from such location to such county. 27 (10.2) Notwithstanding any other provision of this 28 Act, with respect to intertrack wagering at a race track 29 located in a county that has a population of more than 30 230,000 and that is bounded by the Mississippi River 31 ("the first race track"), or at a facility operated by an 32 inter-track wagering licensee or inter-track wagering 33 location licensee that derives its license from the 34 organization licensee that operates the first race track, -16- LRB9201929LDprA 1 on races conducted at the first race track or on races 2 conducted at another Illinois race track and 3 simultaneously televised to the first race track or to a 4 facility operated by an inter-track wagering licensee or 5 inter-track wagering location licensee that derives its 6 license from the organization licensee that operates the 7 first race track, those moneys shall be allocated as 8 follows: 9 (A) That portion of all moneys wagered on 10 standardbred racing that is required under this Act 11 to be paid to purses shall be paid to purses for 12 standardbred races. 13 (B) That portion of all moneys wagered on 14 thoroughbred racing that is required under this Act 15 to be paid to purses shall be paid to purses for 16 thoroughbred races. 17 (11) (A) After payment of the privilege or 18 pari-mutuel tax, any other applicable taxes, and the 19 costs and expenses in connection with the gathering, 20 transmission, and dissemination of all data necessary to 21 the conduct of inter-track wagering, the remainder of the 22 monies retained under either Section 26 or Section 26.2 23 of this Act by the inter-track wagering licensee on 24 inter-track wagering shall be allocated with 50% to be 25 split between the 2 participating licensees and 50% to 26 purses, except that an intertrack wagering licensee that 27 derives its license from a track located in a county with 28 a population in excess of 230,000 and that borders the 29 Mississippi River shall not divide any remaining 30 retention with the Illinois organization licensee that 31 provides the race or races, and an intertrack wagering 32 licensee that accepts wagers on races conducted by an 33 organization licensee that conducts a race meet in a 34 county with a population in excess of 230,000 and that -17- LRB9201929LDprA 1 borders the Mississippi River shall not divide any 2 remaining retention with that organization licensee. 3 (B) From the sums permitted to be retained pursuant 4 to this Act each inter-track wagering location licensee 5 shall pay (i) the privilege or pari-mutuel tax to the 6 State; (ii) 4.75% of the pari-mutuel handle on intertrack 7 wagering at such location on races as purses, except that 8 an intertrack wagering location licensee that derives its 9 license from a track located in a county with a 10 population in excess of 230,000 and that borders the 11 Mississippi River shall retain all purse moneys for its 12 own purse account consistent with distribution set forth 13 in this subsection (h), and intertrack wagering location 14 licensees that accept wagers on races conducted by an 15 organization licensee located in a county with a 16 population in excess of 230,000 and that borders the 17 Mississippi River shall distribute all purse moneys to 18 purses at the operating host track; (iii) until January 19 1, 2000, except as provided in subsection (g) of Section 20 27 of this Act, 1% of the pari-mutuel handle wagered on 21 inter-track wagering and simulcast wagering at each 22 inter-track wagering location licensee facility to the 23 Horse Racing Tax Allocation Fund, provided that, to the 24 extent the total amount collected and distributed to the 25 Horse Racing Tax Allocation Fund under this subsection 26 (h) during any calendar year exceeds the amount collected 27 and distributed to the Horse Racing Tax Allocation Fund 28 during calendar year 1994, that excess amount shall be 29 redistributed (I) to all inter-track wagering location 30 licensees, based on each licensee's pro-rata share of the 31 total handle from inter-track wagering and simulcast 32 wagering for all inter-track wagering location licensees 33 during the calendar year in which this provision is 34 applicable; then (II) the amounts redistributed to each -18- LRB9201929LDprA 1 inter-track wagering location licensee as described in 2 subpart (I) shall be further redistributed as provided in 3 subparagraph (B) of paragraph (5) of subsection (g) of 4 this Section 26 provided first, that the shares of those 5 amounts, which are to be redistributed to the host track 6 or to purses at the host track under subparagraph (B) of 7 paragraph (5) of subsection (g) of this Section 26 shall 8 be redistributed based on each host track's pro rata 9 share of the total inter-track wagering and simulcast 10 wagering handle at all host tracks during the calendar 11 year in question, and second, that any amounts 12 redistributed as described in part (I) to an inter-track 13 wagering location licensee that accepts wagers on races 14 conducted by an organization licensee that conducts a 15 race meet in a county with a population in excess of 16 230,000 and that borders the Mississippi River shall be 17 further redistributed as provided in subparagraphs (D) 18 and (E) of paragraph (7) of subsection (g) of this 19 Section 26, with the portion of that further 20 redistribution allocated to purses at that organization 21 licensee to be divided between standardbred purses and 22 thoroughbred purses based on the amounts otherwise 23 allocated to purses at that organization licensee during 24 the calendar year in question; and (iv) 8% of the 25 pari-mutuel handle on inter-track wagering wagered at 26 such location to satisfy all costs and expenses of 27 conducting its wagering. The remainder of the monies 28 retained by the inter-track wagering location licensee 29 shall be allocated 40% to the location licensee and 60% 30 to the organization licensee which provides the Illinois 31 races to the location, except that an intertrack wagering 32 location licensee that derives its license from a track 33 located in a county with a population in excess of 34 230,000 and that borders the Mississippi River shall not -19- LRB9201929LDprA 1 divide any remaining retention with the organization 2 licensee that provides the race or races and an 3 intertrack wagering location licensee that accepts wagers 4 on races conducted by an organization licensee that 5 conducts a race meet in a county with a population in 6 excess of 230,000 and that borders the Mississippi River 7 shall not divide any remaining retention with the 8 organization licensee. Notwithstanding the provisions of 9 clauses (ii) and (iv) of this paragraph, in the case of 10 the additional inter-track wagering location licenses 11 authorized under paragraph (1) of this subsection (h) by 12 this amendatory Act of 1991, those licensees shall pay 13 the following amounts as purses: during the first 12 14 months the licensee is in operation, 5.25% of the 15 pari-mutuel handle wagered at the location on races; 16 during the second 12 months, 5.25%; during the third 12 17 months, 5.75%; during the fourth 12 months, 6.25%; and 18 during the fifth 12 months and thereafter, 6.75%. The 19 following amounts shall be retained by the licensee to 20 satisfy all costs and expenses of conducting its 21 wagering: during the first 12 months the licensee is in 22 operation, 8.25% of the pari-mutuel handle wagered at the 23 location; during the second 12 months, 8.25%; during the 24 third 12 months, 7.75%; during the fourth 12 months, 25 7.25%; and during the fifth 12 months and thereafter, 26 6.75%. For additional intertrack wagering location 27 licensees authorized under this amendatory Act of 1995, 28 purses for the first 12 months the licensee is in 29 operation shall be 5.75% of the pari-mutuel wagered at 30 the location, purses for the second 12 months the 31 licensee is in operation shall be 6.25%, and purses 32 thereafter shall be 6.75%. For additional intertrack 33 location licensees authorized under this amendatory Act 34 of 1995, the licensee shall be allowed to retain to -20- LRB9201929LDprA 1 satisfy all costs and expenses: 7.75% of the pari-mutuel 2 handle wagered at the location during its first 12 months 3 of operation, 7.25% during its second 12 months of 4 operation, and 6.75% thereafter. 5 (C) There is hereby created the Horse Racing Tax 6 Allocation Fund which shall remain in existence until 7 December 31, 1999. Moneys remaining in the Fund after 8 December 31, 1999 shall be paid into the General Revenue 9 Fund. Until January 1, 2000, all monies paid into the 10 Horse Racing Tax Allocation Fund pursuant to this 11 paragraph (11) by inter-track wagering location licensees 12 located in park districts of 500,000 population or less, 13 or in a municipality that is not included within any park 14 district but is included within a conservation district 15 and is the county seat of a county that (i) is contiguous 16 to the state of Indiana and (ii) has a 1990 population of 17 88,257 according to the United States Bureau of the 18 Census, and operating on May 1, 1994 shall be allocated 19 by appropriation as follows: 20 Two-sevenths to the Department of Agriculture. 21 Fifty percent of this two-sevenths shall be used to 22 promote the Illinois horse racing and breeding 23 industry, and shall be distributed by the Department 24 of Agriculture upon the advice of a 9-member 25 committee appointed by the Governor consisting of 26 the following members: the Director of Agriculture, 27 who shall serve as chairman; 2 representatives of 28 organization licensees conducting thoroughbred race 29 meetings in this State, recommended by those 30 licensees; 2 representatives of organization 31 licensees conducting standardbred race meetings in 32 this State, recommended by those licensees; a 33 representative of the Illinois Thoroughbred Breeders 34 and Owners Foundation, recommended by that -21- LRB9201929LDprA 1 Foundation; a representative of the Illinois 2 Standardbred Owners and Breeders Association, 3 recommended by that Association; a representative of 4 the Horsemen's Benevolent and Protective Association 5 or any successor organization thereto established in 6 Illinois comprised of the largest number of owners 7 and trainers, recommended by that Association or 8 that successor organization; and a representative of 9 the Illinois Harness Horsemen's Association, 10 recommended by that Association. Committee members 11 shall serve for terms of 2 years, commencing January 12 1 of each even-numbered year. If a representative 13 of any of the above-named entities has not been 14 recommended by January 1 of any even-numbered year, 15 the Governor shall appoint a committee member to 16 fill that position. Committee members shall receive 17 no compensation for their services as members but 18 shall be reimbursed for all actual and necessary 19 expenses and disbursements incurred in the 20 performance of their official duties. The remaining 21 50% of this two-sevenths shall be distributed to 22 county fairs for premiums and rehabilitation as set 23 forth in the Agricultural Fair Act; 24 Four-sevenths to park districts or 25 municipalities that do not have a park district of 26 500,000 population or less for museum purposes (if 27 an inter-track wagering location licensee is located 28 in such a park district) or to conservation 29 districts for museum purposes (if an inter-track 30 wagering location licensee is located in a 31 municipality that is not included within any park 32 district but is included within a conservation 33 district and is the county seat of a county that (i) 34 is contiguous to the state of Indiana and (ii) has a -22- LRB9201929LDprA 1 1990 population of 88,257 according to the United 2 States Bureau of the Census, except that if the 3 conservation district does not maintain a museum, 4 the monies shall be allocated equally between the 5 county and the municipality in which the inter-track 6 wagering location licensee is located for general 7 purposes) or to a municipal recreation board for 8 park purposes (if an inter-track wagering location 9 licensee is located in a municipality that is not 10 included within any park district and park 11 maintenance is the function of the municipal 12 recreation board and the municipality has a 1990 13 population of 9,302 according to the United States 14 Bureau of the Census); provided that the monies are 15 distributed to each park district or conservation 16 district or municipality that does not have a park 17 district in an amount equal to four-sevenths of the 18 amount collected by each inter-track wagering 19 location licensee within the park district or 20 conservation district or municipality for the Fund. 21 Monies that were paid into the Horse Racing Tax 22 Allocation Fund before the effective date of this 23 amendatory Act of 1991 by an inter-track wagering 24 location licensee located in a municipality that is 25 not included within any park district but is 26 included within a conservation district as provided 27 in this paragraph shall, as soon as practicable 28 after the effective date of this amendatory Act of 29 1991, be allocated and paid to that conservation 30 district as provided in this paragraph. Any park 31 district or municipality not maintaining a museum 32 may deposit the monies in the corporate fund of the 33 park district or municipality where the inter-track 34 wagering location is located, to be used for general -23- LRB9201929LDprA 1 purposes; and 2 One-seventh to the Agricultural Premium Fund to 3 be used for distribution to agricultural home 4 economics extension councils in accordance with "An 5 Act in relation to additional support and finances 6 for the Agricultural and Home Economic Extension 7 Councils in the several counties of this State and 8 making an appropriation therefor", approved July 24, 9 1967. 10 Until January 1, 2000, all other monies paid into 11 the Horse Racing Tax Allocation Fund pursuant to this 12 paragraph (11) shall be allocated by appropriation as 13 follows: 14 Two-sevenths to the Department of Agriculture. 15 Fifty percent of this two-sevenths shall be used to 16 promote the Illinois horse racing and breeding 17 industry, and shall be distributed by the Department 18 of Agriculture upon the advice of a 9-member 19 committee appointed by the Governor consisting of 20 the following members: the Director of Agriculture, 21 who shall serve as chairman; 2 representatives of 22 organization licensees conducting thoroughbred race 23 meetings in this State, recommended by those 24 licensees; 2 representatives of organization 25 licensees conducting standardbred race meetings in 26 this State, recommended by those licensees; a 27 representative of the Illinois Thoroughbred Breeders 28 and Owners Foundation, recommended by that 29 Foundation; a representative of the Illinois 30 Standardbred Owners and Breeders Association, 31 recommended by that Association; a representative of 32 the Horsemen's Benevolent and Protective Association 33 or any successor organization thereto established in 34 Illinois comprised of the largest number of owners -24- LRB9201929LDprA 1 and trainers, recommended by that Association or 2 that successor organization; and a representative of 3 the Illinois Harness Horsemen's Association, 4 recommended by that Association. Committee members 5 shall serve for terms of 2 years, commencing January 6 1 of each even-numbered year. If a representative 7 of any of the above-named entities has not been 8 recommended by January 1 of any even-numbered year, 9 the Governor shall appoint a committee member to 10 fill that position. Committee members shall receive 11 no compensation for their services as members but 12 shall be reimbursed for all actual and necessary 13 expenses and disbursements incurred in the 14 performance of their official duties. The remaining 15 50% of this two-sevenths shall be distributed to 16 county fairs for premiums and rehabilitation as set 17 forth in the Agricultural Fair Act; 18 Four-sevenths to museums and aquariums located 19 in park districts of over 500,000 population; 20 provided that the monies are distributed in 21 accordance with the previous year's distribution of 22 the maintenance tax for such museums and aquariums 23 as provided in Section 2 of the Park District 24 Aquarium and Museum Act; and 25 One-seventh to the Agricultural Premium Fund to 26 be used for distribution to agricultural home 27 economics extension councils in accordance with "An 28 Act in relation to additional support and finances 29 for the Agricultural and Home Economic Extension 30 Councils in the several counties of this State and 31 making an appropriation therefor", approved July 24, 32 1967. This subparagraph (C) shall be inoperative and 33 of no force and effect on and after January 1, 2000. 34 (D) Except as provided in paragraph (11) of -25- LRB9201929LDprA 1 this subsection (h), with respect to purse 2 allocation from intertrack wagering, the monies so 3 retained shall be divided as follows: 4 (i) If the inter-track wagering licensee, 5 except an intertrack wagering licensee that 6 derives its license from an organization 7 licensee located in a county with a population 8 in excess of 230,000 and bounded by the 9 Mississippi River, is not conducting its own 10 race meeting during the same dates, then the 11 entire purse allocation shall be to purses at 12 the track where the races wagered on are being 13 conducted. 14 (ii) If the inter-track wagering 15 licensee, except an intertrack wagering 16 licensee that derives its license from an 17 organization licensee located in a county with 18 a population in excess of 230,000 and bounded 19 by the Mississippi River, is also conducting 20 its own race meeting during the same dates, 21 then the purse allocation shall be as follows: 22 50% to purses at the track where the races 23 wagered on are being conducted; 50% to purses 24 at the track where the inter-track wagering 25 licensee is accepting such wagers. 26 (iii) If the inter-track wagering is 27 being conducted by an inter-track wagering 28 location licensee, except an intertrack 29 wagering location licensee that derives its 30 license from an organization licensee located 31 in a county with a population in excess of 32 230,000 and bounded by the Mississippi River, 33 the entire purse allocation for Illinois races 34 shall be to purses at the track where the race -26- LRB9201929LDprA 1 meeting being wagered on is being held. 2 (12) The Board shall have all powers necessary and 3 proper to fully supervise and control the conduct of 4 inter-track wagering and simulcast wagering by 5 inter-track wagering licensees and inter-track wagering 6 location licensees, including, but not limited to the 7 following: 8 (A) The Board is vested with power to 9 promulgate reasonable rules and regulations for the 10 purpose of administering the conduct of this 11 wagering and to prescribe reasonable rules, 12 regulations and conditions under which such wagering 13 shall be held and conducted. Such rules and 14 regulations are to provide for the prevention of 15 practices detrimental to the public interest and for 16 the best interests of said wagering and to impose 17 penalties for violations thereof. 18 (B) The Board, and any person or persons to 19 whom it delegates this power, is vested with the 20 power to enter the facilities of any licensee to 21 determine whether there has been compliance with the 22 provisions of this Act and the rules and regulations 23 relating to the conduct of such wagering. 24 (C) The Board, and any person or persons to 25 whom it delegates this power, may eject or exclude 26 from any licensee's facilities, any person whose 27 conduct or reputation is such that his presence on 28 such premises may, in the opinion of the Board, call 29 into the question the honesty and integrity of, or 30 interfere with the orderly conduct of such wagering; 31 provided, however, that no person shall be excluded 32 or ejected from such premises solely on the grounds 33 of race, color, creed, national origin, ancestry, or 34 sex. -27- LRB9201929LDprA 1 (D) (Blank). 2 (E) The Board is vested with the power to 3 appoint delegates to execute any of the powers 4 granted to it under this Section for the purpose of 5 administering this wagering and any rules and 6 regulations promulgated in accordance with this Act. 7 (F) The Board shall name and appoint a State 8 director of this wagering who shall be a 9 representative of the Board and whose duty it shall 10 be to supervise the conduct of inter-track wagering 11 as may be provided for by the rules and regulations 12 of the Board; such rules and regulation shall 13 specify the method of appointment and the Director's 14 powers, authority and duties. 15 (G) The Board is vested with the power to 16 impose civil penalties of up to $5,000 against 17 individuals and up to $10,000 against licensees for 18 each violation of any provision of this Act relating 19 to the conduct of this wagering, any rules adopted 20 by the Board, any order of the Board or any other 21 action which in the Board's discretion, is a 22 detriment or impediment to such wagering. 23 (13) The Department of Agriculture may enter into 24 agreements with licensees authorizing such licensees to 25 conduct inter-track wagering on races to be held at the 26 licensed race meetings conducted by the Department of 27 Agriculture. Such agreement shall specify the races of 28 the Department of Agriculture's licensed race meeting 29 upon which the licensees will conduct wagering. In the 30 event that a licensee conducts inter-track pari-mutuel 31 wagering on races from the Illinois State Fair or DuQuoin 32 State Fair which are in addition to the licensee's 33 previously approved racing program, those races shall be 34 considered a separate racing day for the purpose of -28- LRB9201929LDprA 1 determining the daily handle and computing the privilege 2 or pari-mutuel tax on that daily handle as provided in 3 Sections 27 and 27.1. Such agreements shall be approved 4 by the Board before such wagering may be conducted. In 5 determining whether to grant approval, the Board shall 6 give due consideration to the best interests of the 7 public and of horse racing. The provisions of paragraphs 8 (1), (8), (8.1), and (8.2) of subsection (h) of this 9 Section which are not specified in this paragraph (13) 10 shall not apply to licensed race meetings conducted by 11 the Department of Agriculture at the Illinois State Fair 12 in Sangamon County or the DuQuoin State Fair in Perry 13 County, or to any wagering conducted on those race 14 meetings. 15 (i) Notwithstanding the other provisions of this Act, 16 the conduct of wagering at wagering facilities is authorized 17 on all days, except as limited by subsection (b) of Section 18 19 of this Act. 19 (Source: P.A. 91-40, eff. 6-25-99.) 20 (230 ILCS 5/34.2 new) 21 Sec. 34.2. Limitation on automated teller machines, cash 22 loans, and post-dated checks. 23 (a) An organization licensee shall not engage in or 24 authorize any of the following at its race track or on the 25 grounds of any of its inter-track wagering facilities: 26 (1) the loaning of cash to any person; or 27 (2) the accepting of a post-dated check. 28 (b) The prohibition in paragraph (1) of subsection (a) 29 against loaning cash shall not prohibit an organization 30 licensee from authorizing a person to establish a line of 31 credit with the organization licensee. 32 (c) A violation of this Section is a Class C 33 misdemeanor. -29- LRB9201929LDprA 1 Section 15. The Riverboat Gambling Act is amended by 2 changing Sections 11 and 18 and adding Section 13.2 as 3 follows: 4 (230 ILCS 10/11) (from Ch. 120, par. 2411) 5 Sec. 11. Conduct of gambling. Gambling may be conducted 6 by licensed owners aboard riverboats, subject to the 7 following standards: 8 (1) A licensee may conduct riverboat gambling 9 authorized under this Act regardless of whether it 10 conducts excursion cruises. A licensee may permit the 11 continuous ingress and egress of passengers for the 12 purpose of gambling. 13 (1.1) A license may not conduct gambling between 14 the hours of 3:00 A.M. and 5:00 A.M. 15 (2) (Blank). 16 (3) Minimum and maximum wagers on games shall be 17 set by the licensee. 18 (4) Agents of the Board and the Department of State 19 Police may board and inspect any riverboat at any time 20 for the purpose of determining whether this Act is being 21 complied with. Every riverboat, if under way and being 22 hailed by a law enforcement officer or agent of the 23 Board, must stop immediately and lay to. 24 (5) Employees of the Board shall have the right to 25 be present on the riverboat or on adjacent facilities 26 under the control of the licensee. 27 (6) Gambling equipment and supplies customarily 28 used in conducting riverboat gambling must be purchased 29 or leased only from suppliers licensed for such purpose 30 under this Act. 31 (7) Persons licensed under this Act shall permit no 32 form of wagering on gambling games except as permitted by 33 this Act. -30- LRB9201929LDprA 1 (8) Wagers may be received only from a person 2 present on a licensed riverboat. No person present on a 3 licensed riverboat shall place or attempt to place a 4 wager on behalf of another person who is not present on 5 the riverboat. 6 (9) Wagering shall not be conducted with money or 7 other negotiable currency. 8 (10) A person under age 21 shall not be permitted 9 on an area of a riverboat where gambling is being 10 conducted, except for a person at least 18 years of age 11 who is an employee of the riverboat gambling operation. 12 No employee under age 21 shall perform any function 13 involved in gambling by the patrons. No person under age 14 21 shall be permitted to make a wager under this Act. 15 (11) Gambling excursion cruises are permitted only 16 when the waterway for which the riverboat is licensed is 17 navigable, as determined by the Board in consultation 18 with the U.S. Army Corps of Engineers. This paragraph 19 (11) does not limit the ability of a licensee to conduct 20 gambling authorized under this Act when gambling 21 excursion cruises are not permitted. 22 (12) All tokens, chips or electronic cards used to 23 make wagers must be purchased from a licensed owner 24 either aboard a riverboat or at an onshore facility which 25 has been approved by the Board and which is located where 26 the riverboat docks. The tokens, chips or electronic 27 cards may be purchased by means of an agreement under 28 which the owner extends credit to the patron. Such 29 tokens, chips or electronic cards may be used while 30 aboard the riverboat only for the purpose of making 31 wagers on gambling games. 32 (13) Notwithstanding any other Section of this Act, 33 in addition to the other licenses authorized under this 34 Act, the Board may issue special event licenses allowing -31- LRB9201929LDprA 1 persons who are not otherwise licensed to conduct 2 riverboat gambling to conduct such gambling on a 3 specified date or series of dates. Riverboat gambling 4 under such a license may take place on a riverboat not 5 normally used for riverboat gambling. The Board shall 6 establish standards, fees and fines for, and limitations 7 upon, such licenses, which may differ from the standards, 8 fees, fines and limitations otherwise applicable under 9 this Act. All such fees shall be deposited into the 10 State Gaming Fund. All such fines shall be deposited 11 into the Education Assistance Fund, created by Public Act 12 86-0018, of the State of Illinois. 13 (14) In addition to the above, gambling must be 14 conducted in accordance with all rules adopted by the 15 Board. 16 (Source: P.A. 91-40, eff. 6-25-99.) 17 (230 ILCS 10/13.2 new) 18 Sec. 13.2. Limitation on automated teller machines, cash 19 loans, and post-dated checks. 20 (a) An owners licensee shall not engage in or authorize 21 any of the following on board its riverboat or on its dock: 22 (1) the loaning of cash to any person; or 23 (2) the accepting of a post-dated check. 24 (b) The prohibition in paragraph (1) of subsection (a) 25 against loaning cash shall not prohibit an owners licensee 26 from authorizing a person to establish a line of credit with 27 the owners licensee. 28 (230 ILCS 10/18) (from Ch. 120, par. 2418) 29 Sec. 18. Prohibited Activities - Penalty. 30 (a) A person is guilty of a Class A misdemeanor for 31 doing any of the following: 32 (1) Conducting gambling where wagering is used or -32- LRB9201929LDprA 1 to be used without a license issued by the Board. 2 (2) Conducting gambling where wagering is permitted 3 other than in the manner specified by Section 11. 4 (b) A person is guilty of a Class B misdemeanor for 5 doing any of the following: 6 (1) permitting a person under 21 years to make a 7 wager; or 8 (2) violating paragraph (12) of subsection (a) of 9 Section 11 of this Act. 10 (b-1) A person is guilty of a Class C misdemeanor for 11 violating Section 13.2 of this Act. 12 (c) A person wagering or accepting a wager at any 13 location outside the riverboat is subject to the penalties in 14 paragraphs (1) or (2) of subsection (a) of Section 28-1 of 15 the Criminal Code of 1961. 16 (d) A person commits a Class 4 felony and, in addition, 17 shall be barred for life from riverboats under the 18 jurisdiction of the Board, if the person does any of the 19 following: 20 (1) Offers, promises, or gives anything of value or 21 benefit to a person who is connected with a riverboat 22 owner including, but not limited to, an officer or 23 employee of a licensed owner or holder of an occupational 24 license pursuant to an agreement or arrangement or with 25 the intent that the promise or thing of value or benefit 26 will influence the actions of the person to whom the 27 offer, promise, or gift was made in order to affect or 28 attempt to affect the outcome of a gambling game, or to 29 influence official action of a member of the Board. 30 (2) Solicits or knowingly accepts or receives a 31 promise of anything of value or benefit while the person 32 is connected with a riverboat including, but not limited 33 to, an officer or employee of a licensed owner, or holder 34 of an occupational license, pursuant to an understanding -33- LRB9201929LDprA 1 or arrangement or with the intent that the promise or 2 thing of value or benefit will influence the actions of 3 the person to affect or attempt to affect the outcome of 4 a gambling game, or to influence official action of a 5 member of the Board. 6 (3) Uses or possesses with the intent to use a 7 device to assist: 8 (i) In projecting the outcome of the game. 9 (ii) In keeping track of the cards played. 10 (iii) In analyzing the probability of the 11 occurrence of an event relating to the gambling 12 game. 13 (iv) In analyzing the strategy for playing or 14 betting to be used in the game except as permitted 15 by the Board. 16 (4) Cheats at a gambling game. 17 (5) Manufactures, sells, or distributes any cards, 18 chips, dice, game or device which is intended to be used 19 to violate any provision of this Act. 20 (6) Alters or misrepresents the outcome of a 21 gambling game on which wagers have been made after the 22 outcome is made sure but before it is revealed to the 23 players. 24 (7) Places a bet after acquiring knowledge, not 25 available to all players, of the outcome of the gambling 26 game which is subject of the bet or to aid a person in 27 acquiring the knowledge for the purpose of placing a bet 28 contingent on that outcome. 29 (8) Claims, collects, or takes, or attempts to 30 claim, collect, or take, money or anything of value in or 31 from the gambling games, with intent to defraud, without 32 having made a wager contingent on winning a gambling 33 game, or claims, collects, or takes an amount of money or 34 thing of value of greater value than the amount won. -34- LRB9201929LDprA 1 (9) Uses counterfeit chips or tokens in a gambling 2 game. 3 (10) Possesses any key or device designed for the 4 purpose of opening, entering, or affecting the operation 5 of a gambling game, drop box, or an electronic or 6 mechanical device connected with the gambling game or for 7 removing coins, tokens, chips or other contents of a 8 gambling game. This paragraph (10) does not apply to a 9 gambling licensee or employee of a gambling licensee 10 acting in furtherance of the employee's employment. 11 (e) The possession of more than one of the devices 12 described in subsection (d), paragraphs (3), (5) or (10) 13 permits a rebuttable presumption that the possessor intended 14 to use the devices for cheating. 15 An action to prosecute any crime occurring on a riverboat 16 shall be tried in the county of the dock at which the 17 riverboat is based. 18 (Source: P.A. 91-40, eff. 6-25-99.) 19 Section 99. Effective date. This Act takes effect upon 20 becoming law.
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