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Public Act 91-0040
SB1017 Enrolled LRB9105678LDmb
AN ACT in relation to gambling, amending named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Finance Act is amended by adding
Sections 5.490, 5.491, and 5.492 as follows:
(30 ILCS 105/5.490 new)
Sec. 5.490. The Horse Racing Equity Fund.
(30 ILCS 105/5.491 new)
Sec. 5.491. The Illinois Racing Quarterhorse Breeders
Fund.
(30 ILCS 105/5.492 new)
Sec. 5.492. The Horse Racing Fund.
Section 10. The Illinois Horse Racing Act of 1975 is
amended by changing Sections 3.04, 3.075, 14, 15, 18, 20, 21,
26, 26.1, 27, 27.1, 28, 29, and 30 and adding Sections 1.2,
1.3, 20.1, 28.1, 30.5, 32.1, 54, and 55 as follows:
(230 ILCS 5/1.2 new)
Sec. 1.2. Legislative intent. This Act is intended to
benefit the people of the State of Illinois by assisting
economic development and promoting Illinois tourism. The
General Assembly finds and declares it to be the public
policy of the State of Illinois to:
(a) support and enhance Illinois' horse racing industry,
which is a significant component within the agribusiness
industry;
(b) ensure that Illinois' horse racing industry remains
competitive with neighboring states;
(c) stimulate growth within Illinois' horse racing
industry, thereby encouraging new investment and development
to produce additional tax revenues and to create additional
jobs;
(d) promote the further growth of tourism;
(e) encourage the breeding of thoroughbred and
standardbred horses in this State; and
(f) ensure that public confidence and trust in the
credibility and integrity of racing operations and the
regulatory process is maintained.
(230 ILCS 5/1.3 new)
Sec. 1.3. Legislative findings.
(a) The General Assembly finds that the Illinois gaming
industry is a single industry consisting of horse racing and
riverboat gambling. Reports issued by the legislative
Economic and Fiscal Commission in 1992, 1994, and 1998 have
found that horse racing and riverboat gambling:
(1) "share many of the same characteristics" and
are "more alike than different";
(2) are planned events;
(3) have similar odds of winning;
(4) occur in similar settings; and
(5) compete with each other for limited gaming
dollars.
(b) The General Assembly declares it to be the public
policy of this State to ensure the viability of both horse
racing and riverboat aspects of the Illinois gaming industry.
(230 ILCS 5/3.04) (from Ch. 8, par. 37-3.04)
Sec. 3.04. "Director of mutuels" means the individual
representing the Board in the supervision and verification of
the pari-mutuel wagering pool totals for each racing day,
which verification shall be the basis for computing State
privilege or pari-mutuel taxes, licensee commissions and
purses.
(Source: P.A. 89-16, eff. 5-30-95.)
(230 ILCS 5/3.075)
Sec. 3.075. (a) "Host track" means the organization
licensee (i) conducting live thoroughbred racing between the
hours of 6:30 a.m. and 6:30 p.m. from the first day to the
last day of its horse racing meet as awarded by the Board
(including all days within that period when no live racing
occurs), except as otherwise provided in subsections (c) and
(e) of this Section, or (ii) conducting live standardbred
racing between the hours of 6:30 p.m. to 6:30 a.m. of the
following day from the first day to the last day of its horse
racing meet as awarded by the Board (including all days
within that period when no live racing occurs, except as
otherwise provided in subsections (b), (d), and (e) of this
Section); provided that the organization licensee conducts
live racing no fewer than 5 days per week with no fewer than
9 races per day, unless a lesser schedule of live racing is
the result of (1) weather, unsafe track conditions, or other
acts of God; (2) an agreement between the organization
licensee and the associations representing the largest number
of owners, trainers, and standardbred drivers who race horses
at that organization licensee's race meeting, with the
Board's consent; or (3) a decision by the Board after a
public hearing (in which the associations representing the
owners, trainers, jockeys, or standardbred drivers who race
horses at that organization licensee's race meeting shall
participate) either at the time racing dates are awarded or
after those dates are awarded due to changed financial
circumstances, upon a written petition from the organization
licensee, accompanied by supporting financial data as
requested by the Board, stating that the organization
licensee has and will continue to incur significant financial
losses. No organization licensee conducting its race meeting
in a county bordering the Mississippi River and having a
population greater than 230,000 may be a host track for its
race meeting.
(b) (Blank). Notwithstanding the provisions of
subsection (a) of this Section, any organization licensee
that conducts a standardbred race meeting fewer than 5 days
per week between the hours of 6:30 p.m. and 6:30 a.m. prior
to December 31, 1995 in a county with a population of less
than 1,000,000 and contiguous to the State of Indiana may be
deemed a host track during those hours on days when no other
organization licensee is conducting a standardbred race
meeting during those hours.
(c) (Blank). In the event 2 organization licensees are
conducting thoroughbred race meetings concurrently between
the hours of 6:30 a.m. and 6:30 p.m., the organization
licensee with the most race dates between the hours of 6:30
a.m. and 6:30 p.m. awarded by the Board for that year shall
be designated the host track.
(d) Notwithstanding the provisions of subsection (a) of
this Section and except as otherwise provided in subsection
(e) of this Section, in the event that 2 organization
licensees conduct their standardbred race meetings
concurrently on any date after January 1, 1996, between the
hours of 6:30 p.m. and 6:30 a.m., the organization licensee
awarded the most racing dates between 6:30 p.m. and 6:30 a.m.
during the calendar year in which that concurrent racing
occurs will be deemed the host track, provided that the 2
organization licensees collectively conduct live standardbred
racing between 6:30 p.m. and 6:30 a.m. during the week in
which concurrent race meetings occur no less than 5 days per
week with no less than 9 races per day. During each week of
the calendar year in which 2 organization licensees are
conducting live standardbred race meetings between 6:30 p.m.
and 6:30 a.m., if there is any day in that week on which only
one organization licensee is conducting a standardbred race
meeting between 6:30 p.m. and 6:30 a.m., that organization
licensee shall be the host track provided that the 2
organization licensees collectively conduct live standardbred
racing between 6:30 p.m. and 6:30 a.m. during the week in
which concurrent race meetings occur no less than 5 days per
week with no less than 9 races per day. During each week of
the calendar year in which 2 organization licensees are
concurrently conducting live standardbred race meetings on
one or more days between 6:30 p.m. and 6:30 a.m., if there is
any day in that week on which no organization licensee is
conducting a standardbred race meeting between 6:30 p.m. and
6:30 a.m., the organization licensee conducting a
standardbred race meeting during that week and time period
that has been awarded the most racing dates during the
calendar year between 6:30 p.m. and 6:30 a.m. shall be the
host track, provided that the 2 organization licensees
collectively conduct live standardbred racing between 6:30
p.m. and 6:30 a.m. during the week in which concurrent race
meetings occur no less than 5 days per week with no less than
9 races per day. The requirement in this subsection (d) that
live racing be conducted no less than 5 days per week with no
less than 9 races per day shall be subject to exceptions set
forth in items (1), (2), and (3) of subsection (a) of Section
3.075.
(e) During any calendar period in which no organization
licensee has been awarded a thoroughbred race meeting, the
host track, between the hours of 6:30 a.m. and 6:30 p.m. of
such period, shall be an organization licensee determined by
the Board, provided the organization licensee has been
awarded a thoroughbred race meeting in the current year and
is eligible to be a host track. During the period from
January 1 to the third Friday in February, inclusive, if no
live thoroughbred racing is occurring in Illinois, the host
track between 6:30 a.m. and 6:30 p.m. during this period of
the year from the first day to the last day of its race
meeting including all days when it does not conduct live
racing between 6:30 a.m. and 6:30 p.m. is the organization
licensee that conducts live standardbred racing between 6:30
a.m. and 6:30 p.m. during the week in which its race meeting
occurs, provided that the organization licensee conducts live
standardbred racing no less than 5 days per week with no less
than 9 races per day. If 2 organization licensees are
conducting standardbred race meetings concurrently on any day
or on different days within the same week between the hours
of 6:30 a.m. and 6:30 p.m. during the period from January 1
to the third Friday in February, inclusive, if no live
thoroughbred racing is occurring in Illinois during this
period, the host track shall be the organization licensee
with the most race dates awarded by the Board between 6:30
a.m. and 6:30 p.m. for this period and shall be deemed the
host track from the first day to the last day of its race
meeting during this period including all days within the
period when no live racing occurs, provided that the 2
organization licensees collectively conduct live standardbred
racing between 6:30 a.m. and 6:30 p.m. during the week in
which concurrent race meetings occur no less than 5 days per
week with no less than 9 races per day. If 2 organization
licenses are conducting standardbred race meetings
concurrently on any day between the hours of 6:30 p.m. and
6:30 a.m. of January 1 to the third Friday in February,
inclusive, the host track shall be the organization licensee
with the most race dates awarded by the Board between 6:30
p.m. and 6:30 a.m. during this period, provided that the 2
organization licensees collectively conduct live standardbred
racing between 6:30 p.m. and 6:30 a.m. during the week in
which concurrent race meetings occur no less than 5 days per
week with no less than 9 races per day. The requirement in
this subsection (e) that live racing be conducted no less
than 5 days per week with no less than 9 races per day shall
be subject to exceptions set forth in subsections (1), (2),
and (3) of subsection (a) of Section 3.075.
(Source: P.A. 89-16, eff. 5-30-95.)
(230 ILCS 5/14) (from Ch. 8, par. 37-14)
Sec. 14. (a) The Board shall hold regular and special
meetings at such times and places as may be necessary to
perform properly and effectively all duties required under
this Act. A majority of the members of the Board shall
constitute a quorum for the transaction of any business, for
the performance of any duty, or for the exercise of any power
which this Act requires the Board members to transact,
perform or exercise en banc, except that upon order of the
Board one of the Board members may conduct the hearing
provided in Section 16. The Board member conducting such
hearing shall have all powers and rights granted to the Board
in this Act. The record made at the hearing shall be
reviewed by the Board, or a majority thereof, and the
findings and decision of the majority of the Board shall
constitute the order of the Board in such case.
(b) The Board shall obtain a court reporter who will be
present at each regular and special meeting and proceeding
and who shall make accurate transcriptions thereof except
that when in the judgment of the Board an emergency situation
requires a meeting by teleconference, the executive director
shall prepare minutes of the meeting indicating the date and
time of the meeting and which members of the Board were
present or absent, summarizing all matters proposed,
deliberated, or decided at the meeting, and indicating the
results of all votes taken. The public shall be allowed to
listen to the proceedings of that meeting at all Board branch
offices.
(c) The Board shall provide records which are separate
and distinct from the records of any other State board or
commission. Such records shall be available for public
inspection and shall accurately reflect all Board
proceedings.
(d) The Board shall file a written annual report with
the Governor on or before March 1 each year and such
additional reports as the Governor may request. The annual
report shall include a statement of receipts and
disbursements by the Board, actions taken by the Board, a
report on the industry's progress toward the policy
objectives established in Section 1.2 of this Act, and any
additional information and recommendations which the Board
may deem valuable or which the Governor may request.
(e) The Board shall maintain a branch office on the
ground of every organization licensee during the organization
licensee's race meeting, which office shall be kept open
throughout the time the race meeting is held. The Board
shall designate one of its members, or an authorized agent
of the Board who shall have the authority to act for the
Board, to be in charge of the branch office during the time
it is required to be kept open.
(Source: P.A. 88-495; 89-16, eff. 5-30-95.)
(230 ILCS 5/15) (from Ch. 8, par. 37-15)
Sec. 15. (a) The Board shall, in its discretion, issue
occupation licenses to horse owners, trainers, harness
drivers, jockeys, agents, apprentices, grooms, stable
foremen, exercise persons, veterinarians, valets,
blacksmiths, concessionaires and others designated by the
Board whose work, in whole or in part, is conducted upon
facilities within the State. Such occupation licenses will
be obtained prior to the persons engaging in their vocation
upon such facilities. The Board shall not license pari-mutuel
clerks, parking attendants, security guards and employees of
concessionaires. No occupation license shall be required of
any person who works at facilities within this State as a
pari-mutuel clerk, parking attendant, security guard or as an
employee of a concessionaire. Concessionaires of the Illinois
State Fair and DuQuoin State Fair and employees of the
Illinois Department of Agriculture shall not be required to
obtain an occupation license by the Board.
(b) Each application for an occupation license shall be
on forms prescribed by the Board. Such license, when issued,
shall be for the period ending December 31 of each year,
except that the Board in its discretion may grant 3-year
licenses. The application shall be accompanied by a fee of
not more than $25 per year or, in the case of 3-year
occupation license applications, a fee of not more than $60.
Each applicant shall set forth in the application his full
name and address, and if he had been issued prior occupation
licenses or has been licensed in any other state under any
other name, such name, his age, whether or not a permit or
license issued to him in any other state has been suspended
or revoked and if so whether such suspension or revocation is
in effect at the time of the application, and such other
information as the Board may require. Fees for registration
of stable names shall not exceed $50.00.
(c) The Board may in its discretion refuse an occupation
license to any person:
(1) who has been convicted of a crime;
(2) who is unqualified to perform the duties
required of such applicant;
(3) who fails to disclose or states falsely any
information called for in the application;
(4) who has been found guilty of a violation of
this Act or of the rules and regulations of the Board; or
(5) whose license or permit has been suspended,
revoked or denied for just cause in any other state.
(d) The Board may suspend or revoke any occupation
license:
(1) for violation of any of the provisions of this
Act; or
(2) for violation of any of the rules or
regulations of the Board; or
(3) for any cause which, if known to the Board,
would have justified the Board in refusing to issue such
occupation license; or
(4) for any other just cause.
(e) Each applicant for licensure shall submit with his
occupation license application, on forms provided by the
Board, 2 sets of his fingerprints. All such applicants shall
appear in person at the location designated by the Board for
the purpose of submitting such sets of fingerprints; however,
with the prior approval of a State steward, an applicant may
have such sets of fingerprints taken by an official law
enforcement agency and submitted to the Board.
The Board shall cause one set of such fingerprints to be
compared with fingerprints of criminals now or hereafter
filed in the records of the Illinois Department of State
Police. The Board shall also cause such fingerprints to be
compared with fingerprints of criminals now or hereafter
filed in the records of other official fingerprint files
within or without this State.
The Board may, in its discretion, require the applicant
to pay a fee for the purpose of having his fingerprints
processed. The fingerprint processing fee shall be set
annually by the Director of State Police, based upon actual
costs.
(f) The Board may, in its discretion, issue an
occupation license without submission of fingerprints if an
applicant has been duly licensed in another recognized racing
jurisdiction state after submitting fingerprints in that
jurisdiction state.
(Source: P.A. 88-495; 89-16, eff. 5-30-95.)
(230 ILCS 5/18) (from Ch. 8, par. 37-18)
Sec. 18. (a) Together with its application, each
applicant for racing dates shall deliver to the Board a
certified check or bank draft payable to the order of the
Board for $1,000. In the event the applicant applies for
racing dates in 2 or 3 successive calendar years as provided
in subsection (b) of Section 21, the fee shall be $2,000.
Filing fees shall not be refunded in the event the
application is denied.
(b) In addition to the filing fee of $1000 and the fees
provided in subsection (j) of Section 20, each organization
licensee shall pay a license fee of $100 for each racing
program on which its daily pari-mutuel handle is $400,000 or
more but less than $700,000, and a license fee of $200 for
each racing program on which its daily pari-mutuel handle is
$700,000 or more. The additional fees required to be paid
under this Section by this amendatory Act of 1982 shall be
remitted by the organization licensee to the Illinois Racing
Board with each day's graduated privilege tax or pari-mutuel
tax and breakage as provided under Section 27.
(c) Sections 11-42-1, 11-42-5, and 11-54-1 of the
"Illinois Municipal Code," approved May 29, 1961, as now or
hereafter amended, shall not apply to any license under this
Act.
(Source: P.A. 88-495; 89-16, eff. 5-30-95.)
(230 ILCS 5/20) (from Ch. 8, par. 37-20)
Sec. 20. (a) Any person desiring to conduct a horse race
meeting may apply to the Board for an organization license.
The application shall be made on a form prescribed and
furnished by the Board. The application shall specify:
(1) the dates on which it intends to conduct the
horse race meeting, which dates shall be provided under
Section 21;
(2) the hours of each racing day between which it
intends to hold or conduct horse racing at such meeting;
(3) the location where it proposes to conduct the
meeting; and
(4) any other information the Board may reasonably
require.
(b) A separate application for an organization license
shall be filed for each horse race meeting which such person
proposes to hold. Any such application, if made by an
individual, or by any individual as trustee, shall be signed
and verified under oath by such individual. If made by
individuals or a partnership, it shall be signed and verified
under oath by at least 2 of such individuals or members of
such partnership as the case may be. If made by an
association, corporation, corporate trustee or any other
entity, it shall be signed by the president and attested by
the secretary or assistant secretary under the seal of such
association, trust or corporation if it has a seal, and shall
also be verified under oath by one of the signing officers.
(c) The application shall specify the name of the
persons, association, trust, or corporation making such
application and the post office address of the applicant; if
the applicant is a trustee, the names and addresses of the
beneficiaries; if a corporation, the names and post office
addresses of all officers, stockholders and directors; or if
such stockholders hold stock as a nominee or fiduciary, the
names and post office addresses of these persons,
partnerships, corporations, or trusts who are the beneficial
owners thereof or who are beneficially interested therein;
and if a partnership, the names and post office addresses of
all partners, general or limited; if the applicant is a
corporation, the name of the state of its incorporation shall
be specified.
(d) The applicant shall execute and file with the Board
a good faith affirmative action plan to recruit, train, and
upgrade minorities in all classifications within the
association.
(e) With such application there shall be delivered to
the Board a certified check or bank draft payable to the
order of the Board for an amount equal to $1,000. All
applications for the issuance of an organization license
shall be filed with the Board before August 1 of the year
prior to the year for which application for race dates is
made and shall be acted upon by the Board at a meeting to be
held on such date as shall be fixed by the Board during the
last 15 days of September of such prior year provided,
however, that for applications for 1996 racing dates,
applications shall be filed prior to September 1, 1995. At
such meeting, the Board shall announce the award of the
racing meets, live racing schedule, and designation of host
track to the applicants and its approval or disapproval of
each application. to respective applicants racing dates for
the year or years but No announcement shall be considered
binding until a formal order is executed by the Board, which
shall be executed no later than October 15 of that prior
year. Absent the agreement of the affected organization
licensees, the Board shall not grant overlapping race
meetings to 2 or more tracks that are within 100 miles of
each other to conduct the thoroughbred racing.
(e-5) In reviewing an application for the purpose of
granting an organization license consistent with the best
interests of the public and the sport of horse racing, the
Board shall consider:
(1) the character, reputation, experience, and
financial integrity of the applicant and of any other
separate person that either:
(i) controls the applicant, directly or
indirectly, or
(ii) is controlled, directly or indirectly, by
that applicant or by a person who controls, directly
or indirectly, that applicant;
(2) the applicant's facilities or proposed
facilities for conducting horse racing;
(3) the total revenue without regard to Section
32.1 to be derived by the State and horsemen from the
applicant's conducting a race meeting;
(4) the applicant's good faith affirmative action
plan to recruit, train, and upgrade minorities in all
employment classifications;
(5) the applicant's financial ability to purchase
and maintain adequate liability and casualty insurance;
(6) the applicant's proposed and prior year's
promotional and marketing activities and expenditures of
the applicant associated with those activities;
(7) an agreement, if any, among organization
licensees as provided in subsection (b) of Section 21 of
this Act; and
(8) the extent to which the applicant exceeds or
meets other standards for the issuance of an organization
license that the Board shall adopt by rule.
In granting organization licenses and allocating dates
for horse race meetings, the Board shall have discretion to
determine an overall schedule, including required simulcasts
of Illinois races by host tracks that will, in its judgment,
be conducive to the best interests of the public and the
sport of horse racing.
(e-10) The Illinois Administrative Procedure Act shall
apply to administrative procedures of the Board under this
Act for the granting of an organization license, except that
(1) notwithstanding the provisions of subsection (b) of
Section 10-40 of the Illinois Administrative Procedure Act
regarding cross-examination, the Board may prescribe rules
limiting the right of an applicant or participant in any
proceeding to award an organization license to conduct
cross-examination of witnesses at that proceeding where that
cross-examination would unduly obstruct the timely award of
an organization license under subsection (e) of Section 20 of
this Act; (2) the provisions of Section 10-45 of the Illinois
Administrative Procedure Act regarding proposals for decision
are excluded under this Act; (3) notwithstanding the
provisions of subsection (a) of Section 10-60 of the Illinois
Administrative Procedure Act regarding ex parte
communications, the Board may prescribe rules allowing ex
parte communications with applicants or participants in a
proceeding to award an organization license where conducting
those communications would be in the best interest of racing,
provided all those communications are made part of the record
of that proceeding pursuant to subsection (c) of Section
10-60 of the Illinois Administrative Procedure Act; (4) the
provisions of Section 14a of this Act and the rules of the
Board promulgated under that Section shall apply instead of
the provisions of Article 10 of the Illinois Administrative
Procedure Act regarding administrative law judges; and (5)
the provisions of subsection (d) of Section 10-65 of the
Illinois Administrative Procedure Act that prevent summary
suspension of a license pending revocation or other action
shall not apply.
(f) The Board may allot racing dates to an organization
licensee for more than one calendar year but for no more than
3 successive calendar years in advance, provided that the
Board shall review such allotment for more than one calendar
year prior to each year for which such allotment has been
made. The granting of an organization license to a person
constitutes a privilege to conduct a horse race meeting under
the provisions of this Act, and no person granted an
organization license shall be deemed to have a vested
interest, property right, or future expectation to receive an
organization license in any subsequent year as a result of
the granting of an organization license. Organization
licenses shall be subject to revocation if the organization
licensee has violated any provision of this Act or the rules
and regulations promulgated under this Act or has been
convicted of a crime or has failed to disclose or has stated
falsely any information called for in the application for an
organization license. Any organization license revocation
proceeding shall be in accordance with Section 16 regarding
suspension and revocation of occupation licenses.
(f-5) If, (i) an applicant does not file an acceptance
of the racing dates awarded by the Board as required under
part (1) of subsection (h) of this Section 20, or (ii) an
organization licensee has its license suspended or revoked
under this Act, the Board, upon conducting an emergency
hearing as provided for in this Act, may reaward on an
emergency basis pursuant to rules established by the Board,
racing dates not accepted or the racing dates associated with
any suspension or revocation period to one or more
organization licensees, new applicants, or any combination
thereof, upon terms and conditions that the Board determines
are in the best interest of racing, provided, the
organization licensees or new applicants receiving the
awarded racing dates file an acceptance of those reawarded
racing dates as required under paragraph (1) of subsection
(h) of this Section 20 and comply with the other provisions
of this Act. The Illinois Administrative Procedures Act
shall not apply to the administrative procedures of the Board
in conducting the emergency hearing and the reallocation of
racing dates on an emergency basis.
(g) (Blank).
(h) The Board shall send the applicant a copy of its
formally executed order by certified mail addressed to the
applicant at the address stated in his application, which
notice shall be mailed within 5 days of the date the formal
order is executed.
Each applicant notified shall, within 10 days after
receipt of the final executed order of the Board awarding
racing dates:
(1) file with the Board an acceptance of such award
in the form prescribed by the Board;
(2) pay to the Board an additional amount equal to
$110 for each racing date awarded; and
(3) file with the Board the bonds required in
Sections 21 and 25 at least 20 days prior to the first
day of each race meeting.
Upon compliance with the provisions of paragraphs (1), (2),
and (3) of this subsection (h), the applicant shall be issued
an organization license.
If any applicant fails to comply with this Section or
fails to pay the organization license fees herein provided,
no organization license shall be issued to such applicant.
(Source: P.A. 88-495; 89-16, eff. 5-30-95; 89-626, eff.
8-9-96.)
(230 ILCS 5/20.1 new)
Sec. 20.1. Authority of licensees.
(a) Notwithstanding anything in this Act to the
contrary, an organization licensee shall have authority to:
(1) determine prices charged for goods and
services;
(2) determine prices charged for wagering products,
subject to Sections 26 and 26.2 of this Act;
(3) determine its hours of operation, subject to at
least 30 days prior notice to the Board if such hours are
different than provided such licensee's racing dates
application; and
(4) otherwise manage its business operations.
(b) The Board may disapprove of any business practices
by organization licensees identified in subsection (a) of
this Section if the Board finds that such practices are
detrimental to the public interest.
(230 ILCS 5/21) (from Ch. 8, par. 37-21)
Sec. 21. (a) Applications for organization licenses must
be filed with the Board at a time and place prescribed by the
rules and regulations of the Board. The Board shall examine
the applications within 21 days after the date allowed for
filing with respect to their conformity with this Act and
such rules and regulations as may be prescribed by the
Board. If any application does not comply with this Act or
the rules and regulations prescribed by the Board, such
application may be rejected and an organization license
refused to the applicant, or the Board may, within 21 days of
the receipt of such application, advise the applicant of the
deficiencies of the application under the Act or the rules
and regulations of the Board, and require the submittal of an
amended application within a reasonable time determined by
the Board; and upon submittal of the amended application by
the applicant, the Board may consider the application
consistent with the process described in subsection (e-5) of
Section 20 of this Act. If it is found to be in compliance
with this Act and the rules and regulations of the Board, the
Board may then issue an organization license to such
applicant.
(b) The Board may exercise discretion in granting racing
dates to qualified applicants different from those requested
by the applicants in their applications. However, if all
eligible applicants for organization licenses whose tracks
are located within 100 miles of each other execute and submit
to the Board a written agreement among such applicants as to
the award of racing dates, including where applicable racing
programs, for up to 3 consecutive years, then subject to
annual review of each applicant's compliance with Board rules
and regulations, provisions of this Act and conditions
contained in annual dates orders issued by the Board, the
Board may grant such dates and programs to such applicants as
so agreed by them if the Board determines that the grant of
these racing dates is in the best interests of racing. The
Board shall treat any such agreement as the agreement
signatories' joint and several application for racing dates
during the term of the agreement.
(c) Where 2 or more applicants propose to conduct horse
race meetings within 35 miles of each other, as certified to
the Board under Section 19 (a) (1) of this Act, on
conflicting dates, the Board may determine and grant the
number of racing days to be awarded to the several applicants
in accordance with the provisions of subsection (e-5) of
Section 20 of this Act.
(d) (Blank).
(e) Prior to the issuance of an organization license,
the applicant shall file with the Board a bond payable to the
State of Illinois in the sum of $200,000, executed by the
applicant and a surety company or companies authorized to do
business in this State, and conditioned upon the payment by
the organization licensee of all taxes due under Section 27,
other monies due and payable under this Act, all purses due
and payable, and that the organization licensee will upon
presentation of the winning ticket or tickets distribute all
sums due to the patrons of pari-mutuel pools.
(f) Each organization license shall specify the person
to whom it is issued, the dates upon which horse racing is
permitted, and the location, place, track, or enclosure where
the horse race meeting is to be held.
(g) Any person who owns one or more race tracks within
the State may seek, in its own name, a separate organization
license for each race track.
(h) All racing conducted under such organization license
is subject to this Act and to the rules and regulations from
time to time prescribed by the Board, and every such
organization license issued by the Board shall contain a
recital to that effect.
(i) Each such organization licensee may provide that at
least one race per day may be devoted to the racing of
quarter horses, appaloosas, arabians, or paints.
(j) In acting on applications for organization licenses,
the Board shall give weight to an organization license which
has implemented a good faith affirmative action effort to
recruit, train and upgrade minorities in all classifications
within the organization license.
(Source: P.A. 89-16, eff. 5-30-95; 90-754, eff. 1-1-99.)
(230 ILCS 5/26) (from Ch. 8, par. 37-26)
Sec. 26. Wagering.
(a) Any licensee may conduct and supervise the
pari-mutuel system of wagering, as defined in Section 3.12 of
this Act, on horse races conducted by an Illinois
organization licensee or conducted at a racetrack located in
another state or country and televised in Illinois in
accordance with subsection (g) of Section 26 of this Act.
Subject to the prior consent of the Board, licensees may
supplement any pari-mutuel pool in order to guarantee a
minimum distribution. Such pari-mutuel method of wagering
shall not, under any circumstances if conducted under the
provisions of this Act, be held or construed to be unlawful,
other statutes of this State to the contrary notwithstanding.
Subject to rules for advance wagering promulgated by the
Board, any licensee may accept wagers up to 2 calendar days
in advance of the day of the race wagered upon occurs.
(b) No other method of betting, pool making, wagering or
gambling shall be used or permitted by the licensee. Each
licensee may retain, subject to the payment of all applicable
taxes and purses, an amount not to exceed 17% of all money
wagered under subsection (a) of this Section, except as may
otherwise be permitted under this Act.
(b-5) An individual may place a wager under the
pari-mutuel system from any licensed location authorized
under this Act provided that wager is electronically recorded
in the manner described in Section 3.12 of this Act. Any
wager made electronically by an individual while physically
on the premises of a licensee shall be deemed to have been
made at the premises of that licensee.
(c) Until January 1, 2000, the sum held by any licensee
for payment of outstanding pari-mutuel tickets, if unclaimed
prior to December 31 of the next year, shall be retained by
the licensee for payment of such tickets until that date.
Within 10 days thereafter, the balance of such sum remaining
unclaimed, less any uncashed supplements contributed by such
licensee for the purpose of guaranteeing minimum
distributions of any pari-mutuel pool, shall be paid to the
Illinois Veterans' Rehabilitation Fund of the State treasury,
except as provided in subsection (g) of Section 27 of this
Act.
(c-5) Beginning January 1, 2000, the sum held by any
licensee for payment of outstanding pari-mutuel tickets, if
unclaimed prior to December 31 of the next year, shall be
retained by the licensee for payment of such tickets until
that date. Within 10 days thereafter, the balance of such
sum remaining unclaimed, less any uncashed supplements
contributed by such licensee for the purpose of guaranteeing
minimum distributions of any pari-mutuel pool, shall be
evenly distributed to the purse account of the organization
licensee and the organization licensee.
(d) A pari-mutuel ticket shall be honored until December
31 of the next calendar year, and the licensee shall pay the
same and may charge the amount thereof against unpaid money
similarly accumulated on account of pari-mutuel tickets not
presented for payment.
(e) No licensee shall knowingly permit any minor, other
than an employee of such licensee or an owner, trainer,
jockey, driver, or employee thereof, to be admitted during a
racing program unless accompanied by a parent or guardian, or
any minor to be a patron of the pari-mutuel system of
wagering conducted or supervised by it. The admission of any
unaccompanied minor, other than an employee of the licensee
or an owner, trainer, jockey, driver, or employee thereof at
a race track is a Class C misdemeanor.
(f) Notwithstanding the other provisions of this Act, an
organization licensee may, contract with an entity in another
state or country to permit any legal wagering entity in
another state or country to accept wagers solely within such
other state or country on races conducted by the organization
licensee in this State. Beginning January 1, 2000, these
wagers shall not be subject to State taxation. Until January
1, 2000, when the out-of-State entity conducts a pari-mutuel
pool separate from the organization licensee, a privilege tax
equal to 7 1/2% of all monies received by the organization
licensee from entities in other states or countries pursuant
to such contracts is imposed on the organization licensee,
and such privilege tax shall be remitted to the Department of
Revenue within 48 hours of receipt of the moneys from the
simulcast. When the out-of-State entity conducts a combined
pari-mutuel pool with the organization licensee, the tax
shall be 10% of all monies received by the organization
licensee with 25% of the receipts from this 10% tax to be
distributed to the county in which the race was conducted.
An organization licensee may permit one or more of its
races to be utilized for pari-mutuel wagering at one or more
locations in other states and may transmit audio and visual
signals of races the organization licensee conducts to one or
more locations outside the State or country and may also
permit pari-mutuel pools in other states or countries to be
combined with its gross or net wagering pools or with
wagering pools established by other states.
(g) A host track may accept interstate simulcast wagers
on horse races conducted in other states or countries and
shall control the number of signals and types of breeds of
racing in its simulcast program, subject to the disapproval
of the Board. The Board may prohibit a simulcast program
only if it finds that the simulcast program is clearly
adverse to the integrity of racing. The host track simulcast
program shall include the signal of live racing of all
organization licensees. All non-host licensees shall carry
the host track simulcast program and accept wagers on all
races included as part of the simulcast program upon which
wagering is permitted. The costs and expenses of the host
track and non-host licensees associated with interstate
simulcast wagering, other than the interstate commission fee,
shall be borne by the host track and all non-host licensees
incurring these costs. The interstate commission fee shall
not exceed 5% of Illinois handle on the interstate simulcast
race or races without prior approval of the Board. The Board
shall promulgate rules under which it may permit interstate
commission fees in excess of 5%. The interstate commission
fee and other fees charged by the sending racetrack,
including, but not limited to, satellite decoder fees, shall
be uniformly applied to the host track and all non-host
licensees.
(1) Between the hours of 6:30 a.m. and 6:30 p.m. an
intertrack wagering licensee other than the host track
may supplement the host track simulcast program with
additional simulcast races or race programs, provided
that between January 1 and the third Friday in February
of any year, inclusive, if no live thoroughbred racing is
occurring in Illinois during this period, only
thoroughbred races may be used for supplemental
interstate simulcast purposes. The Board shall withhold
approval for a supplemental interstate simulcast only if
it finds that the simulcast is clearly adverse to the
integrity of racing. A supplemental interstate simulcast
may be transmitted from an intertrack wagering licensee
to its affiliated non-host licensees. The interstate
commission fee for a supplemental interstate simulcast
shall be paid by the non-host licensee and its affiliated
non-host licensees receiving the simulcast.
(2) Between the hours of 6:30 p.m. and 6:30 a.m. an
intertrack wagering licensee other than the host track
may receive supplemental interstate simulcasts only with
the consent of the host track, except when the Board
finds that the simulcast is clearly adverse to the
integrity of racing. Consent granted under this
paragraph (2) to any intertrack wagering licensee shall
be deemed consent to all non-host licensees. The
interstate commission fee for the supplemental interstate
simulcast shall be paid by all participating non-host
licensees.
(3) Each licensee conducting interstate simulcast
wagering may retain, subject to the payment of all
applicable taxes and the purses, an amount not to exceed
17% of all money wagered. If any licensee conducts the
pari-mutuel system wagering on races conducted at
racetracks in another state or country, each such race or
race program shall be considered a separate racing day
for the purpose of determining the daily handle and
computing the privilege tax of that daily handle as
provided in subsection (a) of Section 27. Until January
1, 2000, from the sums permitted to be retained pursuant
to this subsection, each intertrack wagering location
licensee shall pay 1% of the pari-mutuel handle wagered
on simulcast wagering to the Horse Racing Tax Allocation
Fund, subject to the provisions of subparagraph (B) of
paragraph (11) of subsection (h) of Section 26 of this
Act.
(4) A licensee who receives an interstate simulcast
may combine its gross or net pools with pools at the
sending racetracks pursuant to rules established by the
Board. All licensees combining their gross or net pools
with pools at a sending racetrack shall adopt the
take-out percentages of the sending racetrack. A licensee
may also establish a separate pool and takeout structure
for wagering purposes on races conducted at race tracks
outside of the State of Illinois. The licensee may
permit pari-mutuel wagers placed in other states or
countries to be combined with its gross or net wagering
pools or other wagering pools.
(5) After the payment of the interstate commission
fee (except for the interstate commission fee on a
supplemental interstate simulcast, which shall be paid by
the host track and by each non-host licensee through the
host-track) and all applicable State and local taxes,
except as provided in subsection (g) of Section 27 of
this Act, the remainder of moneys retained from simulcast
wagering pursuant to this subsection (g), and Section
26.2 shall be divided as follows:
(A) For interstate simulcast wagers made at a
host track, 50% to the host track and 50% to purses
at the host track.
(B) For wagers placed on interstate simulcast
races, supplemental simulcasts as defined in
subparagraphs (1) and (2), and separately pooled
races conducted outside of the State of Illinois
wagers made at a non-host licensee other than as
provided in subparagraph (C) of paragraph (5) of
this subsection (g) and paragraph (11) of this
subsection (g), 25% to the host track, 25% to the
non-host licensee, and 50% to the purses at the host
track.
(C) For interstate simulcast wagers made on a
supplemental interstate simulcast, 25% to the host
track, 25% to the non-host licensee from which the
interstate commission fee shall be paid, and 50% to
the purses at the host track.
(D) For interstate simulcast wagers on a
standardbred race or races made at a host track
between the hours of 6:30 a.m. and 6:30 p.m. between
January 1 and the third Friday in February,
inclusive, if no live thoroughbred racing is
occurring in Illinois during this period, 50% to the
host track and 50% to standardbred purses at the
host track.
(E) For interstate simulcast wagers on a
standardbred race or races made at a non-host
licensee between the hours of 6:30 a.m. and 6:30
p.m. between January 1 and the third Friday in
February, inclusive, if no live thoroughbred racing
is occurring in Illinois during this period, 25% to
the host track, 25% to the non-host licensee, and
50% to standardbred purses at the host track.
(F) For interstate simulcast wagers on a
thoroughbred race or races at a host track between
the hours of 6:30 a.m. and 6:30 p.m. between January
1 and the third Friday in February, inclusive, if no
live thoroughbred racing is occurring in Illinois
during this period, 50% to the host track and 50% to
the host track's interstate simulcast purse pool to
be distributed under paragraph (9) of this
subsection (g).
(G) For interstate simulcast wagers on a
thoroughbred race or races at a non-host licensee
between the hours of 6:30 a.m. and 6:30 p.m. between
January 1 and the third Friday in February,
inclusive, if no live thoroughbred racing is
occurring in Illinois during this period, 25% to the
host track, 25% to the non-host licensee, and 50% to
the host track's interstate simulcast purse pool to
be distributed under paragraph (9) of this
subsection (g).
(H) For supplemental interstate simulcast
wagers on a thoroughbred race or races at a non-host
licensee between the hours of 6:30 a.m. and 6:30
p.m. between January 1 and the third Friday in
February, inclusive, if no live thoroughbred racing
is occurring in Illinois during this period, 50% to
the non-host licensee and 50% to thoroughbred purses
at the track from which the non-host licensee
derives its license.
(I) For interstate simulcast wagers at a host
track and non-host licensees between the hours of
6:30 p.m. and 6:30 a.m. between January 1 and the
third Friday in February, inclusive, if no live
thoroughbred racing is occurring in Illinois during
this period, as set forth in subparagraphs (A), (B),
and (C) of this paragraph (5) and paragraph (8.1) of
subsection (g).
(J) For interstate simulcast wagers at a host
track and non-host licensees on thoroughbred and
standardbred races between January 1 and the third
Friday in February, inclusive, if thoroughbred
horses are racing in Illinois during this period, as
set forth in subparagraphs (A), (B), and (C) of this
paragraph (5).
(6) Notwithstanding any provision in this Act to
the contrary, non-host licensees who derive their
licenses from a track located in a county with a
population in excess of 230,000 and that borders the
Mississippi River may receive supplemental interstate
simulcast races at all times subject to Board approval,
which shall be withheld only upon a finding that a
supplemental interstate simulcast is clearly adverse to
the integrity of racing.
(7) Notwithstanding any provision of this Act to
the contrary, after payment of all applicable State and
local taxes and interstate commission fees, non-host
licensees who derive their licenses from a track located
in a county with a population in excess of 230,000 and
that borders the Mississippi River shall retain 50% of
the retention from interstate simulcast wagers and shall
pay 50% to purses at the track from which the non-host
licensee derives its license as follows:
(A) Between January 1 and the third Friday in
February, inclusive, if no live thoroughbred racing
is occurring in Illinois during this period, when
the interstate simulcast is a standardbred race, the
purse share to its standardbred purse account;
(B) Between January 1 and the third Friday in
February, inclusive, if no live thoroughbred racing
is occurring in Illinois during this period, and the
interstate simulcast is a thoroughbred race, the
purse share to its interstate simulcast purse pool
to be distributed under paragraph (10) of this
subsection (g);
(C) Between January 1 and the third Friday in
February, inclusive, if live thoroughbred racing is
occurring in Illinois, between 6:30 a.m. and 6:30
p.m. the purse share from wagers made during this
time period to its thoroughbred purse account and
between 6:30 p.m. and 6:30 a.m. the purse share from
wagers made during this time period to its
standardbred purse accounts;
(D) Between the third Saturday in February and
December 31, when the interstate simulcast occurs
between the hours of 6:30 a.m. and 6:30 p.m., the
purse share to its thoroughbred purse account;
(E) Between the third Saturday in February and
December 31, when the interstate simulcast occurs
between the hours of 6:30 p.m. and 6:30 a.m., the
purse share to its standardbred purse account.
(8) Notwithstanding any provision in this Act to
the contrary, an organization licensee from a track
located in a county with a population in excess of
230,000 and that borders the Mississippi River and its
affiliated non-host licensees shall not be entitled to
share in any retention generated on racing, inter-track
wagering, or simulcast wagering at any other Illinois
wagering facility track.
(8.1) Notwithstanding any provisions in this Act to
the contrary, if 2 organization licensees are conducting
standardbred race meetings concurrently between the hours
of 6:30 p.m. and 6:30 a.m., after payment of all
applicable State and local taxes and interstate
commission fees, the remainder of the amount retained
from simulcast wagering otherwise attributable to the
host track and to host track purses shall be split daily
between the 2 organization licensees and the purses at
the tracks of the 2 organization licensees, respectively,
based on each organization licensee's share of the total
live handle for that day, provided that this provision
shall not apply to any non-host licensee that derives its
license from a track located in a county with a
population in excess of 230,000 and that borders the
Mississippi River.
(9) (Blank). The amount paid to an interstate
simulcast purse pool under subparagraphs (F) and (G) of
paragraph (5) of this subsection (g) shall be distributed
as follows:
(A) First to supplement the standardbred purse
account of the host track such that purses earned
for a single standardbred race program between the
hours of 6:30 a.m. and 6:30 p.m. of the host track
between January 1 and the third Friday in February,
if no live thoroughbred racing is occurring in
Illinois during this period, equals $75,000. For
any race program during this period where the number
of live races is less than 9, the guarantee of
purses for that program shall be reduced by $8,333
for each race fewer than 9;
(B) Any amount remaining in the simulcast
purse pool after the payments required in
subparagraph (A) of this paragraph (9) shall be
distributed 50% to the standardbred purse account at
the host track and 50% to thoroughbred purse
accounts, excluding purse accounts at tracks located
in a county with a population in excess of 230,000
and that borders the Mississippi River. The
thoroughbred purse share shall be distributed to
thoroughbred tracks on a pro rata basis based on
each track's 1994 Illinois on-track handle on live
thoroughbred races relative to total 1994 Illinois
on-track handle on live thoroughbred races,
excluding handle on live thoroughbred races at a
track located in a county with a population in
excess of 230,000 and that borders the Mississippi
River;
(10) (Blank). The amount paid to the interstate
simulcast purse pool under subparagraph (B) of paragraph
(7) of this subsection (g) shall be distributed as
follows:
(A) First, to supplement the standardbred
purse account such that the purses earned for each
standardbred race program between January 1 and the
third Friday in February, if no live thoroughbred
racing is occurring in Illinois during this period,
equals $24,000. For any program during this period
where the number of live races is less than 9, the
$24,000 purse guarantee shall be reduced by $2,666
per race.
(B) Any amount remaining in the simulcast
purse pool after the payment required in
subparagraph (A) of this paragraph (10) shall be
distributed 50% to standardbred purses and 50% to
thoroughbred purses at the race track specified in
paragraph (7) of this subsection (g).
(11) (Blank). Notwithstanding any provision in this
Act to the contrary, subsequent to the effective date of
this amendatory Act of 1995 and prior to December 31,
1995, a non-host licensee that conducts live standardbred
racing between the hours of 6:30 a.m. and 6:30 p.m. on
Tuesdays at a track located in a county with a population
of less than 1,000,000 and that is contiguous to the
State of Indiana may retain for its own account and its
purse account for standardbred racing between the hours
of 6:30 a.m. and 6:30 p.m. on Tuesdays:
(A) All commissions and all purse monies
generated at the non-host licensee's race track from
simulcast wagering during its live program between
6:30 a.m. and 6:30 p.m. on each Tuesday, which would
otherwise be allocated to the host track and purses
at the host track and purses as provided in
subparagraph (B) of paragraph (5) of this subsection
(g); and
(B) To the extent the amounts described in
subparagraph (A) of paragraph (11) of this
subsection (g) are insufficient to equal the average
amount of commissions and the average amount of
purses earned on standardbred racing at the non-host
licensee's track between 6:30 a.m. and 6:30 p.m. on
Tuesdays during the 1994 calendar year as determined
by the Board, during the days the non-host
licensee's track conducts standardbred racing
between 6:30 a.m. and 6:30 p.m. on each Tuesday from
July 1, 1995, to December 31, 1995, all inter-track
wagering location licensees, except inter-track
wagering location licensees affiliated with a track
location in a county with a population of 230,000
and that borders the Mississippi River shall
allocate from amounts retained from simulcast
wagering between 6:30 a.m. and 6:30 p.m. on each
Tuesday from July 1, 1995, to December 31, 1995
which would otherwise be allocated to the host track
and purses at the host track, as provided in
subparagraph (B) of paragraph (5) of this subsection
(g), to the non-host track and purses at the
non-host licensee, on a pro rata basis, based on
each inter-track wagering location licensee's share
of the total handle on simulcast wagering at the
facilities of all inter-track wagering location
licensees, excluding those intertrack wagering
location licensees affiliated with a track located
in a county with a population of 230,000 and that
borders the Mississippi River for that Tuesday, so
that the non-host licensee's commissions and purses
earned for standardbred racing between 6:30 a.m. and
6:30 p.m. on the given Tuesday in 1995 equals the
average amount of commissions and purses earned on
standardbred racing at the non-host licensee's track
between 6:30 a.m. and 6:30 p.m. on Tuesdays during
the 1994 calendar year as determined by the Board.
Within 72 hours after the non-host licensee holds
standardbred races between 6:30 a.m. and 6:30 p.m.
in calendar year 1995 on a Tuesday and after
enactment of this amendatory Act of 1995, the Board
shall notify each inter-track wagering location
licensee of the amount from its simulcast wagering
between 6:30 a.m. and 6:30 p.m. on each Tuesday in
1995 to be allocated to the non-host licensee and
purses for standardbred racing at the non-host
licensee for that Tuesday.
(12) The Board shall have authority to compel all
host tracks to receive the simulcast of any or all races
conducted at the Springfield or DuQuoin State fairgrounds
and include all such races as part of their simulcast
programs.
(13) Notwithstanding any other provision of this
Act, in the event that the total Illinois pari-mutuel
handle on Illinois horse races at all wagering facilities
in any calendar year is less than 75% of the total
Illinois pari-mutuel handle on Illinois horse races at
all such wagering facilities for calendar year 1994, then
each wagering facility that has an annual total Illinois
pari-mutuel handle on Illinois horse races that is less
than 75% of the total Illinois pari-mutuel handle on
Illinois horse races at such wagering facility for
calendar year 1994, shall be permitted to receive, from
any amount otherwise payable to the purse account at the
race track with which the wagering facility is affiliated
in the succeeding calendar year, an amount equal to 2% of
the differential in total Illinois pari-mutuel handle on
Illinois horse races at the wagering facility between
that calendar year in question and 1994 provided,
however, that a wagering facility shall not be entitled
to any such payment until the Board certifies in writing
to the wagering facility the amount to which the wagering
facility is entitled and a schedule for payment of the
amount to the wagering facility, based on: (i) the racing
dates awarded to the race track affiliated with the
wagering facility during the succeeding year; (ii) the
sums available or anticipated to be available in the
purse account of the race track affiliated with the
wagering facility for purses during the succeeding year;
and (iii) the need to ensure reasonable purse levels
during the payment period. The Board's certification
shall be provided no later than January 31 of the
succeeding year. In the event a wagering facility
entitled to a payment under this paragraph (13) is
affiliated with a race track that maintains purse
accounts for both standardbred and thoroughbred racing,
the amount to be paid to the wagering facility shall be
divided between each purse account pro rata, based on the
amount of Illinois handle on Illinois standardbred and
thoroughbred racing respectively at the wagering facility
during the previous calendar year. Annually, the General
Assembly shall appropriate sufficient funds from the
General Revenue Fund to the Department of Agriculture for
payment into the thoroughbred and standardbred horse
racing purse accounts at Illinois pari-mutuel tracks.
The amount paid to each purse account shall be the amount
certified by the Illinois Racing Board in January to be
transferred from each account to each eligible racing
facility in accordance with the provisions of this
Section.
(h) The Board may approve and license the conduct of
inter-track wagering and simulcast wagering by inter-track
wagering licensees and inter-track wagering location
licensees subject to the following terms and conditions:
(1) Any person licensed to conduct a race meeting
at a track where 60 or more days of racing were conducted
during the immediately preceding calendar year or where
over the 5 immediately preceding calendar years an
average of 30 or more days of racing were conducted
annually or at a track located in a county that is
bounded by the Mississippi River, which has a population
of less than 150,000 according to the 1990 decennial
census, and an average of at least 60 days of racing per
year between 1985 and 1993 may be issued an inter-track
wagering license. Any such person having operating
control of the racing facility may also receive up to 6
inter-track wagering location licenses. In no event shall
more than 6 inter-track wagering locations be established
for each eligible race track, except that an eligible
race track located in a county that has a population of
more than 230,000 and that is bounded by the Mississippi
River may establish up to 7 inter-track wagering
locations. An application for said license shall be filed
with the Board prior to such dates as may be fixed by the
Board. With an application for an inter-track wagering
location license there shall be delivered to the Board a
certified check or bank draft payable to the order of the
Board for an amount equal to $500. The application shall
be on forms prescribed and furnished by the Board. The
application shall comply with all other rules,
regulations and conditions imposed by the Board in
connection therewith.
(2) The Board shall examine the applications with
respect to their conformity with this Act and the rules
and regulations imposed by the Board. If found to be in
compliance with the Act and rules and regulations of the
Board, the Board may then issue a license to conduct
inter-track wagering and simulcast wagering to such
applicant. All such applications shall be acted upon by
the Board at a meeting to be held on such date as may be
fixed by the Board.
(3) In granting licenses to conduct inter-track
wagering and simulcast wagering, the Board shall give due
consideration to the best interests of the public, of
horse racing, and of maximizing revenue to the State.
(4) Prior to the issuance of a license to conduct
inter-track wagering and simulcast wagering, the
applicant shall file with the Board a bond payable to the
State of Illinois in the sum of $50,000, executed by the
applicant and a surety company or companies authorized to
do business in this State, and conditioned upon (i) the
payment by the licensee of all taxes due under Section 27
or 27.1 and any other monies due and payable under this
Act, and (ii) distribution by the licensee, upon
presentation of the winning ticket or tickets, of all
sums payable to the patrons of pari-mutuel pools.
(5) Each license to conduct inter-track wagering
and simulcast wagering shall specify the person to whom
it is issued, the dates on which such wagering is
permitted, and the track or location where the wagering
is to be conducted.
(6) All wagering under such license is subject to
this Act and to the rules and regulations from time to
time prescribed by the Board, and every such license
issued by the Board shall contain a recital to that
effect.
(7) An inter-track wagering licensee or inter-track
wagering location licensee may accept wagers at the track
or location where it is licensed, or as otherwise
provided under this Act.
(8) Inter-track wagering or simulcast wagering
shall not be conducted at any track less than 5 miles
from a track at which a racing meeting is in progress.
(8.1) Inter-track wagering location licensees who
derive their licenses from a particular organization
licensee shall conduct inter-track wagering and simulcast
wagering only at locations which are either within 90
miles of that race track where the particular
organization licensee is licensed to conduct racing, or
within 135 miles of that race track where the particular
organization licensee is licensed to conduct racing in
the case of race tracks in counties of less than 400,000
that were operating on or before June 1, 1986. However,
inter-track wagering and simulcast wagering shall not be
conducted by those licensees at any location within 5
miles of any race track at which a horse race meeting has
been licensed in the current year, unless the person
having operating control of such race track has given its
written consent to such inter-track wagering location
licensees, which consent must be filed with the Board at
or prior to the time application is made.
(8.2) Inter-track wagering or simulcast wagering
shall not be conducted by an inter-track wagering
location licensee at any location within 500 feet of an
existing church or existing school, nor within 500 feet
of the residences of more than 50 registered voters
without receiving written permission from a majority of
the registered voters at such residences. Such written
permission statements shall be filed with the Board. The
distance of 500 feet shall be measured to the nearest
part of any building used for worship services, education
programs, residential purposes, or conducting inter-track
wagering by an inter-track wagering location licensee,
and not to property boundaries. However, inter-track
wagering or simulcast wagering may be conducted at a site
within 500 feet of a church, school or residences of 50
or more registered voters if such church, school or
residences have been erected or established, or such
voters have been registered, after the Board issues the
original inter-track wagering location license at the
site in question. Inter-track wagering location licensees
may conduct inter-track wagering and simulcast wagering
only in areas that are zoned for commercial or
manufacturing purposes or in areas for which a special
use has been approved by the local zoning authority.
However, no license to conduct inter-track wagering and
simulcast wagering shall be granted by the Board with
respect to any inter-track wagering location within the
jurisdiction of any local zoning authority which has, by
ordinance or by resolution, prohibited the establishment
of an inter-track wagering location within its
jurisdiction. However, inter-track wagering and
simulcast wagering may be conducted at a site if such
ordinance or resolution is enacted after the Board
licenses the original inter-track wagering location
licensee for the site in question.
(9) (Blank).
(10) An inter-track wagering licensee or an
inter-track wagering location licensee may retain,
subject to the payment of the privilege taxes and the
purses, an amount not to exceed 17% of all money wagered.
Each program of racing conducted by each inter-track
wagering licensee or inter-track wagering location
licensee shall be considered a separate racing day for
the purpose of determining the daily handle and computing
the privilege tax or pari-mutuel tax on such daily handle
as provided in Section 27 27.1.
(10.1) Except as provided in subsection (g) of
Section 27 of this Act, inter-track wagering location
licensees shall pay 1% of the pari-mutuel handle at each
location to the municipality in which such location is
situated and 1% of the pari-mutuel handle at each
location to the county in which such location is
situated. In the event that an inter-track wagering
location licensee is situated in an unincorporated area
of a county, such licensee shall pay 2% of the
pari-mutuel handle from such location to such county.
(10.2) Notwithstanding any other provision of this
Act, with respect to intertrack wagering at a race track
located in a county that has a population of more than
230,000 and that is bounded by the Mississippi River
("the first race track"), or at a facility operated by an
inter-track wagering licensee or inter-track wagering
location licensee that derives its license from the
organization licensee that operates the first race track,
on races conducted at the first race track or on races
conducted at another Illinois race track and
simultaneously televised to the first race track or to a
facility operated by an inter-track wagering licensee or
inter-track wagering location licensee that derives its
license from the organization licensee that operates the
first race track, those moneys shall be allocated as
follows:
(A) That portion of all moneys wagered on
standardbred racing that is required under this Act
to be paid to purses shall be paid to purses for
standardbred races.
(B) That portion of all moneys wagered on
thoroughbred racing that is required under this Act
to be paid to purses shall be paid to purses for
thoroughbred races.
(11) (A) After payment of the privilege or
pari-mutuel tax, any other applicable taxes, and the
costs and expenses in connection with the gathering,
transmission, and dissemination of all data necessary to
the conduct of inter-track wagering, the remainder of the
monies retained under either Section 26 or Section 26.2
of this Act by the inter-track wagering licensee on
inter-track wagering shall be allocated with 50% to be
split between the 2 participating licensees and 50% to
purses, except that an intertrack wagering licensee that
derives its license from a track located in a county with
a population in excess of 230,000 and that borders the
Mississippi River shall not divide any remaining
retention with the Illinois organization licensee that
provides the race or races, and an intertrack wagering
licensee that accepts wagers on races conducted by an
organization licensee that conducts a race meet in a
county with a population in excess of 230,000 and that
borders the Mississippi River shall not divide any
remaining retention with that organization licensee.
(B) From the sums permitted to be retained pursuant
to this Act each inter-track wagering location licensee
shall pay (i) the privilege or pari-mutuel tax to the
State; (ii) 4.75% 4% of the pari-mutuel handle on
intertrack wagering at such location on races as purses,
except that an intertrack wagering location licensee that
derives its license from a track located in a county with
a population in excess of 230,000 and that borders the
Mississippi River shall retain all purse moneys for its
own purse account consistent with distribution set forth
in this subsection (h), and intertrack wagering location
licensees that accept wagers on races conducted by an
organization licensee located in a county with a
population in excess of 230,000 and that borders the
Mississippi River shall distribute all purse moneys to
purses at the operating host track; (iii) until January
1, 2000, except as provided in subsection (g) of Section
27 of this Act, 1% of the pari-mutuel handle wagered on
inter-track wagering and simulcast wagering at each
inter-track wagering location licensee facility to the
Horse Racing Tax Allocation Fund, provided that, to the
extent the total amount collected and distributed to the
Horse Racing Tax Allocation Fund under this subsection
(h) during any calendar year exceeds the amount collected
and distributed to the Horse Racing Tax Allocation Fund
during calendar year 1994, that excess amount shall be
redistributed (I) to all inter-track wagering location
licensees, based on each licensee's pro-rata share of the
total handle from inter-track wagering and simulcast
wagering for all inter-track wagering location licensees
during the calendar year in which this provision is
applicable; then (II) the amounts redistributed to each
inter-track wagering location licensee as described in
subpart (I) shall be further redistributed as provided in
subparagraph (B) of paragraph (5) of subsection (g) of
this Section 26 provided first, that the shares of those
amounts, which are to be redistributed to the host track
or to purses at the host track under subparagraph (B) of
paragraph (5) of subsection (g) of this Section 26 shall
be redistributed based on each host track's pro rata
share of the total inter-track wagering and simulcast
wagering handle at all host tracks during the calendar
year in question, and second, that any amounts
redistributed as described in part (I) to an inter-track
wagering location licensee that accepts wagers on races
conducted by an organization licensee that conducts a
race meet in a county with a population in excess of
230,000 and that borders the Mississippi River shall be
further redistributed as provided in subparagraphs (D)
and (E) of paragraph (7) of subsection (g) of this
Section 26, with the portion of that further
redistribution allocated to purses at that organization
licensee to be divided between standardbred purses and
thoroughbred purses based on the amounts otherwise
allocated to purses at that organization licensee during
the calendar year in question; and (iv) 8% of the
pari-mutuel handle on inter-track wagering wagered at
such location to satisfy all costs and expenses of
conducting its wagering. The remainder of the monies
retained by the inter-track wagering location licensee
shall be allocated 40% to the location licensee and 60%
to the organization licensee which provides the Illinois
races to the location, except that an intertrack wagering
location licensee that derives its license from a track
located in a county with a population in excess of
230,000 and that borders the Mississippi River shall not
divide any remaining retention with the organization
licensee that provides the race or races and an
intertrack wagering location licensee that accepts wagers
on races conducted by an organization licensee that
conducts a race meet in a county with a population in
excess of 230,000 and that borders the Mississippi River
shall not divide any remaining retention with the
organization licensee. Notwithstanding the provisions of
clauses (ii) and (iv) of this paragraph, in the case of
the additional inter-track wagering location licenses
authorized under paragraph (1) of this subsection (h) by
this amendatory Act of 1991, those licensees shall pay
the following amounts as purses: during the first 12
months the licensee is in operation, 5.25% 4.5% of the
pari-mutuel handle wagered at the location on races;
during the second 12 months, 5.25% 4.5%; during the third
12 months, 5.75% 5%; during the fourth 12 months, 6.25%
5.5%; and during the fifth 12 months and thereafter,
6.75% 6%. The following amounts shall be retained by the
licensee to satisfy all costs and expenses of conducting
its wagering: during the first 12 months the licensee is
in operation, 8.25% 7.5% of the pari-mutuel handle
wagered at the location; during the second 12 months,
8.25% 7.5%; during the third 12 months, 7.75% 7%; during
the fourth 12 months, 7.25% 6.5%; and during the fifth 12
months and thereafter, 6.75% 6%. For additional
intertrack wagering location licensees authorized under
this amendatory Act of 1995, purses for the first 12
months the licensee is in operation shall be 5.75% 5% of
the pari-mutuel wagered at the location, purses for the
second 12 months the licensee is in operation shall be
6.25% 5 1/2%, and purses thereafter shall be 6.75% 6%.
For additional intertrack location licensees authorized
under this amendatory Act of 1995, the licensee shall be
allowed to retain to satisfy all costs and expenses:
7.75% 7% of the pari-mutuel handle wagered at the
location during its first 12 months of operation, 7.25%
6.5% during its second 12 months of operation, and 6.75%
6% thereafter.
(C) There is hereby created the Horse Racing Tax
Allocation Fund which shall remain in existence until
December 31, 1999. Moneys remaining in the Fund after
December 31, 1999 shall be paid into the General Revenue
Fund. Until January 1, 2000, all monies paid into the
Horse Racing Tax Allocation Fund pursuant to this
paragraph (11) by inter-track wagering location licensees
located in park districts of 500,000 population or less,
or in a municipality that is not included within any park
district but is included within a conservation district
and is the county seat of a county that (i) is contiguous
to the state of Indiana and (ii) has a 1990 population of
88,257 according to the United States Bureau of the
Census, and operating on May 1, 1994 shall be allocated
by appropriation as follows:
Two-sevenths to the Department of Agriculture.
Fifty percent of this two-sevenths shall be used to
promote the Illinois horse racing and breeding
industry, and shall be distributed by the Department
of Agriculture upon the advice of a 9-member
committee appointed by the Governor consisting of
the following members: the Director of Agriculture,
who shall serve as chairman; 2 representatives of
organization licensees conducting thoroughbred race
meetings in this State, recommended by those
licensees; 2 representatives of organization
licensees conducting standardbred race meetings in
this State, recommended by those licensees; a
representative of the Illinois Thoroughbred Breeders
and Owners Foundation, recommended by that
Foundation; a representative of the Illinois
Standardbred Owners and Breeders Association,
recommended by that Association; a representative of
the Horsemen's Benevolent and Protective Association
or any successor organization thereto established in
Illinois comprised of the largest number of owners
and trainers, recommended by that Association or
that successor organization; and a representative of
the Illinois Harness Horsemen's Association,
recommended by that Association. Committee members
shall serve for terms of 2 years, commencing January
1 of each even-numbered year. If a representative
of any of the above-named entities has not been
recommended by January 1 of any even-numbered year,
the Governor shall appoint a committee member to
fill that position. Committee members shall receive
no compensation for their services as members but
shall be reimbursed for all actual and necessary
expenses and disbursements incurred in the
performance of their official duties. The remaining
50% of this two-sevenths shall be distributed to
county fairs for premiums and rehabilitation as set
forth in the Agricultural Fair Act;
Four-sevenths to park districts or
municipalities that do not have a park district of
500,000 population or less for museum purposes (if
an inter-track wagering location licensee is located
in such a park district) or to conservation
districts for museum purposes (if an inter-track
wagering location licensee is located in a
municipality that is not included within any park
district but is included within a conservation
district and is the county seat of a county that (i)
is contiguous to the state of Indiana and (ii) has a
1990 population of 88,257 according to the United
States Bureau of the Census, except that if the
conservation district does not maintain a museum,
the monies shall be allocated equally between the
county and the municipality in which the inter-track
wagering location licensee is located for general
purposes) or to a municipal recreation board for
park purposes (if an inter-track wagering location
licensee is located in a municipality that is not
included within any park district and park
maintenance is the function of the municipal
recreation board and the municipality has a 1990
population of 9,302 according to the United States
Bureau of the Census); provided that the monies are
distributed to each park district or conservation
district or municipality that does not have a park
district in an amount equal to four-sevenths of the
amount collected by each inter-track wagering
location licensee within the park district or
conservation district or municipality for the Fund.
Monies that were paid into the Horse Racing Tax
Allocation Fund before the effective date of this
amendatory Act of 1991 by an inter-track wagering
location licensee located in a municipality that is
not included within any park district but is
included within a conservation district as provided
in this paragraph shall, as soon as practicable
after the effective date of this amendatory Act of
1991, be allocated and paid to that conservation
district as provided in this paragraph. Any park
district or municipality not maintaining a museum
may deposit the monies in the corporate fund of the
park district or municipality where the inter-track
wagering location is located, to be used for general
purposes; and
One-seventh to the Agricultural Premium Fund to
be used for distribution to agricultural home
economics extension councils in accordance with "An
Act in relation to additional support and finances
for the Agricultural and Home Economic Extension
Councils in the several counties of this State and
making an appropriation therefor", approved July 24,
1967.
Until January 1, 2000, all other monies paid into
the Horse Racing Tax Allocation Fund pursuant to this
paragraph (11) shall be allocated by appropriation as
follows:
Two-sevenths to the Department of Agriculture.
Fifty percent of this two-sevenths shall be used to
promote the Illinois horse racing and breeding
industry, and shall be distributed by the Department
of Agriculture upon the advice of a 9-member
committee appointed by the Governor consisting of
the following members: the Director of Agriculture,
who shall serve as chairman; 2 representatives of
organization licensees conducting thoroughbred race
meetings in this State, recommended by those
licensees; 2 representatives of organization
licensees conducting standardbred race meetings in
this State, recommended by those licensees; a
representative of the Illinois Thoroughbred Breeders
and Owners Foundation, recommended by that
Foundation; a representative of the Illinois
Standardbred Owners and Breeders Association,
recommended by that Association; a representative of
the Horsemen's Benevolent and Protective Association
or any successor organization thereto established in
Illinois comprised of the largest number of owners
and trainers, recommended by that Association or
that successor organization; and a representative of
the Illinois Harness Horsemen's Association,
recommended by that Association. Committee members
shall serve for terms of 2 years, commencing January
1 of each even-numbered year. If a representative
of any of the above-named entities has not been
recommended by January 1 of any even-numbered year,
the Governor shall appoint a committee member to
fill that position. Committee members shall receive
no compensation for their services as members but
shall be reimbursed for all actual and necessary
expenses and disbursements incurred in the
performance of their official duties. The remaining
50% of this two-sevenths shall be distributed to
county fairs for premiums and rehabilitation as set
forth in the Agricultural Fair Act;
Four-sevenths to museums and aquariums located
in park districts of over 500,000 population;
provided that the monies are distributed in
accordance with the previous year's distribution of
the maintenance tax for such museums and aquariums
as provided in Section 2 of the Park District
Aquarium and Museum Act; and
One-seventh to the Agricultural Premium Fund to
be used for distribution to agricultural home
economics extension councils in accordance with "An
Act in relation to additional support and finances
for the Agricultural and Home Economic Extension
Councils in the several counties of this State and
making an appropriation therefor", approved July 24,
1967. This subparagraph (C) shall be inoperative and
of no force and effect on and after January 1, 2000.
(D) Except as provided in paragraph (11) of
this subsection (h), with respect to purse
allocation from intertrack wagering, the monies so
retained shall be divided as follows:
(i) If the inter-track wagering licensee,
except an intertrack wagering licensee that
derives its license from an organization
licensee located in a county with a population
in excess of 230,000 and bounded by the
Mississippi River, is not conducting its own
race meeting during the same dates, then the
entire purse allocation shall be to purses at
the track where the races wagered on are being
conducted.
(ii) If the inter-track wagering
licensee, except an intertrack wagering
licensee that derives its license from an
organization licensee located in a county with
a population in excess of 230,000 and bounded
by the Mississippi River, is also conducting
its own race meeting during the same dates,
then the purse allocation shall be as follows:
50% to purses at the track where the races
wagered on are being conducted; 50% to purses
at the track where the inter-track wagering
licensee is accepting such wagers.
(iii) If the inter-track wagering is
being conducted by an inter-track wagering
location licensee, except an intertrack
wagering location licensee that derives its
license from an organization licensee located
in a county with a population in excess of
230,000 and bounded by the Mississippi River,
the entire purse allocation for Illinois races
shall be to purses at the track where the race
meeting being wagered on is being held.
(12) The Board shall have all powers necessary and
proper to fully supervise and control the conduct of
inter-track wagering and simulcast wagering by
inter-track wagering licensees and inter-track wagering
location licensees, including, but not limited to the
following:
(A) The Board is vested with power to
promulgate reasonable rules and regulations for the
purpose of administering the conduct of this
wagering and to prescribe reasonable rules,
regulations and conditions under which such wagering
shall be held and conducted. Such rules and
regulations are to provide for the prevention of
practices detrimental to the public interest and for
the best interests of said wagering and to impose
penalties for violations thereof.
(B) The Board, and any person or persons to
whom it delegates this power, is vested with the
power to enter the facilities of any licensee to
determine whether there has been compliance with the
provisions of this Act and the rules and regulations
relating to the conduct of such wagering.
(C) The Board, and any person or persons to
whom it delegates this power, may eject or exclude
from any licensee's facilities, any person whose
conduct or reputation is such that his presence on
such premises may, in the opinion of the Board, call
into the question the honesty and integrity of, or
interfere with the orderly conduct of such wagering;
provided, however, that no person shall be excluded
or ejected from such premises solely on the grounds
of race, color, creed, national origin, ancestry, or
sex.
(D) (Blank).
(E) The Board is vested with the power to
appoint delegates to execute any of the powers
granted to it under this Section for the purpose of
administering this wagering and any rules and
regulations promulgated in accordance with this Act.
(F) The Board shall name and appoint a State
director of this wagering who shall be a
representative of the Board and whose duty it shall
be to supervise the conduct of inter-track wagering
as may be provided for by the rules and regulations
of the Board; such rules and regulation shall
specify the method of appointment and the Director's
powers, authority and duties.
(G) The Board is vested with the power to
impose civil penalties of up to $5,000 against
individuals and up to $10,000 against licensees for
each violation of any provision of this Act relating
to the conduct of this wagering, any rules adopted
by the Board, any order of the Board or any other
action which in the Board's discretion, is a
detriment or impediment to such wagering.
(13) The Department of Agriculture may enter into
agreements with licensees authorizing such licensees to
conduct inter-track wagering on races to be held at the
licensed race meetings conducted by the Department of
Agriculture. Such agreement shall specify the races of
the Department of Agriculture's licensed race meeting
upon which the licensees will conduct wagering. In the
event that a licensee conducts inter-track pari-mutuel
wagering on races from the Illinois State Fair or DuQuoin
State Fair which are in addition to the licensee's
previously approved racing program, those races shall be
considered a separate racing day for the purpose of
determining the daily handle and computing the privilege
or pari-mutuel tax on that daily handle as provided in
Sections 27 and 27.1. Such agreements shall be approved
by the Board before such wagering may be conducted. In
determining whether to grant approval, the Board shall
give due consideration to the best interests of the
public and of horse racing. The provisions of paragraphs
(1), (8), (8.1), and (8.2) of subsection (h) of this
Section which are not specified in this paragraph (13)
shall not apply to licensed race meetings conducted by
the Department of Agriculture at the Illinois State Fair
in Sangamon County or the DuQuoin State Fair in Perry
County, or to any wagering conducted on those race
meetings.
(i) Notwithstanding the other provisions of this Act,
the conduct of wagering at wagering facilities is authorized
on all days, except as limited by subsection (b) of Section
19 of this Act.
(Source: P.A. 88-358; 88-572, eff. 8-11-94; 88-661, eff.
9-16-94; 89-16, eff. 5-30-95.)
(230 ILCS 5/26.1) (from Ch. 8, par. 37-26.1)
Sec. 26.1. For all pari-mutuel wagering conducted
pursuant to this Act, breakage shall be at all times computed
on the basis of not to exceed 10¢ on the dollar. If there is
a minus pool, the breakage shall be computed on the basis of
not to exceed 5¢ on the dollar. Breakage shall be calculated
only after the amounts retained by licensees pursuant to
Sections 26 and 26.2 of this Act, and all applicable
surcharges, are taken out of winning wagers and winnings from
wagers. Beginning January 1, 2000, all breakage shall be
retained by licensees, with 50% of breakage to be used by
licensees for racetrack improvements at the racetrack from
which the wagering facility derives its license. The
remaining 50% is to be allocated 50% to the purse account for
the licensee from which the wagering facility derives its
license and 50% to the licensee.
(Source: P.A. 89-16, eff. 5-30-95.)
(230 ILCS 5/27) (from Ch. 8, par. 37-27)
Sec. 27. (a) In addition to the organization license fee
provided by this Act, until January 1, 2000, a graduated
privilege tax is hereby imposed for conducting the
pari-mutuel system of wagering permitted under this Act.
Until January 1, 2000, except as provided in subsection (g)
of Section 27 of this Act, all of the breakage of each racing
day held by any licensee in the State shall be paid to the
State. Until January 1, 2000, such daily graduated privilege
tax shall be paid by the licensee from the amount permitted
to be retained under this Act. Until January 1, 2000, each
day's graduated privilege tax, breakage, and Horse Racing Tax
Allocation funds shall be remitted to the Department of
Revenue within 48 hours after the close of the racing day
upon which it is assessed or within such other time as the
Board prescribes. The privilege tax hereby imposed, until
January 1, 2000, shall be a flat tax at the rate of 2% of the
daily pari-mutuel handle except as provided in Section 27.1.
In addition, every organization licensee, except as
provided in Section 27.1 of this Act, which conducts multiple
wagering shall pay, until January 1, 2000, as a privilege tax
on multiple wagers an amount equal to 1.25% of all moneys
wagered each day on such multiple wagers, plus an additional
amount equal to 3.5% of the amount wagered each day on any
other multiple wager which involves a single betting interest
on 3 or more horses. The licensee shall remit the amount of
such taxes to the Department of Revenue within 48 hours after
the close of the racing day on which it is assessed or within
such other time as the Board prescribes.
This subsection (a) shall be inoperative and of no force
and effect on and after January 1, 2000.
(a-5) Beginning on January 1, 2000, a flat pari-mutuel
tax at the rate of 1.5% of the daily pari-mutuel handle is
imposed at all pari-mutuel wagering facilities, which shall
be remitted to the Department of Revenue within 48 hours
after the close of the racing day upon which it is assessed
or within such other time as the Board prescribes.
(b) On or before December 31, 1999, in the event that
any organization licensee conducts 2 separate programs of
races on any day, each such program shall be considered a
separate racing day for purposes of determining the daily
handle and computing the privilege tax on such daily handle
as provided in subsection (a) of this Section.
(c) Licensees shall at all times keep accurate books and
records of all monies wagered on each day of a race meeting
and of the taxes paid to the Department of Revenue under the
provisions of this Section. The Board or its duly authorized
representative or representatives shall at all reasonable
times have access to such records for the purpose of
examining and checking the same and ascertaining whether the
proper amount of taxes is being paid as provided. The Board
shall require verified reports and a statement of the total
of all monies wagered daily at each wagering facility upon
which the taxes are assessed and may prescribe forms upon
which such reports and statement shall be made.
(d) Any licensee failing or refusing to pay the amount
of any tax due under this Section shall be guilty of a
business offense and upon conviction shall be fined not more
than $5,000 in addition to the amount found due as tax under
this Section. Each day's violation shall constitute a
separate offense. All fines paid into Court by a licensee
hereunder shall be transmitted and paid over by the Clerk of
the Court to the Board.
(e) No other license fee, privilege tax, excise tax, or
racing fee, except as provided in this Act, shall be assessed
or collected from any such licensee by the State.
(f) No other license fee, privilege tax, excise tax or
racing fee shall be assessed or collected from any such
licensee by units of local government except as provided in
paragraph 10.1 of subsection (h) and subsection (f) of
Section 26 of this Act. However, any municipality that has a
Board licensed horse race meeting at a race track wholly
within its corporate boundaries or a township that has a
Board licensed horse race meeting at a race track wholly
within the unincorporated area of the township may charge a
local amusement tax not to exceed 10¢ per admission to such
horse race meeting by the enactment of an ordinance.
However, any municipality or county that has a Board licensed
inter-track wagering location facility wholly within its
corporate boundaries may each impose an admission fee not to
exceed $1.00 per admission to such inter-track wagering
location facility, so that a total of not more than $2.00 per
admission may be imposed. Except as provided in subparagraph
(g) of Section 27 of this Act, the inter-track wagering
location licensee shall collect any and all such fees and
within 48 hours remit the fees to the Board, which shall,
pursuant to rule, cause the fees to be distributed to the
county or municipality.
(g) Notwithstanding any provision in this Act to the
contrary, if in any calendar year the total taxes and fees
required to be collected from licensees and distributed under
this Act to all State and local governmental authorities
exceeds the amount of such taxes and fees distributed to each
State and local governmental authority to which each State
and local governmental authority was entitled under this Act
for calendar year 1994, then the first $11 million of that
excess amount shall be allocated at the earliest possible
date for distribution as purse money for the succeeding
calendar year. Upon reaching the 1994 level, and until the
excess amount of taxes and fees exceeds $11 million, the
Board shall direct all licensees to cease paying the subject
taxes and fees and the Board shall direct all licensees to
allocate any such excess amount for purses as follows:
(i) the excess amount shall be initially divided
between thoroughbred and standardbred purses based on the
thoroughbred's and standardbred's respective percentages
of total Illinois live wagering in calendar year 1994;
(ii) each thoroughbred and standardbred
organization licensee issued an organization licensee in
that succeeding allocation year (provided that licensee
was also an organization licensee during the preceding
year) shall be allocated an amount equal to the product
of its percentage of total Illinois live thoroughbred or
standardbred wagering in calendar year 1994 (the total to
be determined based on the sum of 1994 on-track wagering
for all organization licensees issued organization
licenses in both the allocation year and the preceding
year) multiplied by the total amount allocated for
standardbred or thoroughbred purses, provided that the
first $1,500,000 of the amount allocated to standardbred
purses under item (i) shall be allocated to the
Department of Agriculture to be expended with the
assistance and advice of the Illinois Standardbred
Breeders Funds Advisory Board for the purposes listed in
subsection (g) of Section 31 of this Act, before the
amount allocated to standardbred purses under item (i) is
allocated to standardbred organization licensees in the
succeeding allocation year.
To the extent the excess amount of taxes and fees to be
collected and distributed to State and local governmental
authorities exceeds $11 million, that excess amount shall be
collected and distributed to State and local authorities as
provided for under this Act.
(Source: P.A. 88-495; 89-16, eff. 5-30-95; 89-499, eff.
6-28-96.)
(230 ILCS 5/27.1) (from Ch. 8, par. 37-27.1)
Sec. 27.1. Every organization licensee whose track
facilities are operating in counties under 400,000 population
on or before June 1, 1986, shall be subject to a daily
graduated tax of 1% of the first $400,000 of daily
pari-mutuel handle and 2% of such handle in excess of
$400,000.
Every inter-track wagering licensee and inter-track
wagering location licensee shall be subject to a daily
graduated tax of 1% of the first $400,000 of its daily
pari-mutuel handle and 2% of such handle in excess of
$400,000.
Every organization licensee whose track facilities are
operating in counties under 400,000 population on or before
June 1, 1986, every inter-track wagering licensee and
inter-track wagering location licensee, shall pay, until
January 1, 2000, as a privilege tax on multiple wagers an
amount equal to .75% of all moneys wagered each day on such
multiple wagers, plus, until January 1, 2000, an additional
amount equal to 2.5% of the amount wagered each day on any
other multiple wager which involves a single betting interest
on 3 or more horses.
This Section is repealed on January 1, 2000.
(Source: P.A. 88-495; 89-16, eff. 5-30-95.)
(230 ILCS 5/28) (from Ch. 8, par. 37-28)
Sec. 28. Except as provided in subsection (g) of Section
27 of this Act, moneys collected shall be distributed
according to the provisions of this Section 28.
(a) Thirty per cent of the total of all monies received
by the State as privilege taxes shall be paid into the
Metropolitan Fair and Exposition Authority Reconstruction
Fund in the State treasury until such Fund contains
sufficient money to pay in full, both principal and interest,
all of the outstanding bonds issued pursuant to the Fair and
Exposition Authority Reconstruction Act, approved July 31,
1967, as amended, and thereafter shall be paid into the
Metropolitan Exposition Auditorium and Office Building Fund
in the State Treasury.
(b) Four and one-half per cent of the total of all
monies received by the State as privilege taxes shall be paid
into the State treasury into a special Fund to be known as
the "Metropolitan Exposition, Auditorium, and Office Building
Fund".
(c) Fifty per cent of the total of all monies received
by the State as privilege taxes under the provisions of this
Act shall be paid into the "Agricultural Premium Fund".
(d) Seven per cent of the total of all monies received
by the State as privilege taxes shall be paid into the Fair
and Exposition Fund in the State treasury; provided, however,
that when all bonds issued prior to July 1, 1984 by the
Metropolitan Fair and Exposition Authority shall have been
paid or payment shall have been provided for upon a refunding
of those bonds, thereafter 1/12 of $1,665,662 of such monies
shall be paid each month into the Build Illinois Fund, and
the remainder into the Fair and Exposition Fund. All excess
monies shall be allocated to the Department of Agriculture
for distribution to county fairs for premiums and
rehabilitation as set forth in the Agricultural Fair Act.
(e) The monies provided for in Section 30 shall be paid
into the Illinois Thoroughbred Breeders Fund.
(f) The monies provided for in Section 31 shall be paid
into the Illinois Standardbred Breeders Fund.
(g) Until January 1, 2000, that part representing 1/2 of
the total breakage in Thoroughbred, Harness, Appaloosa,
Arabian, and Quarter Horse racing in the State shall be paid
into the "Illinois Race Track Improvement Fund" as
established in Section 32.
(h) All other monies received by the Board under this
Act shall be paid into the General Revenue Fund of the State.
(i) The salaries of the Board members, secretary,
stewards, directors of mutuels, veterinarians,
representatives, accountants, clerks, stenographers,
inspectors and other employees of the Board, and all expenses
of the Board incident to the administration of this Act,
including, but not limited to, all expenses and salaries
incident to the taking of saliva and urine samples in
accordance with the rules and regulations of the Board shall
be paid out of the Agricultural Premium Fund.
(j) The Agricultural Premium Fund shall also be used:
(1) for the expenses of operating the Illinois
State Fair and the DuQuoin State Fair, including the
payment of prize money or premiums;
(2) for the distribution to county fairs,
vocational agriculture section fairs, agricultural
societies, and agricultural extension clubs in accordance
with the "Agricultural Fair Act", as amended;
(3) for payment of prize monies and premiums
awarded and for expenses incurred in connection with the
International Livestock Exposition and the Mid-Continent
Livestock Exposition held in Illinois, which premiums,
and awards must be approved, and paid by the Illinois
Department of Agriculture;
(4) for personal service of county agricultural
advisors and county home advisors;
(5) for distribution to agricultural home economic
extension councils in accordance with "An Act in relation
to additional support and finance for the Agricultural
and Home Economic Extension Councils in the several
counties in this State and making an appropriation
therefor", approved July 24, 1967, as amended;
(6) for research on equine disease, including a
development center therefor;
(7) for training scholarships for study on equine
diseases to students at the University of Illinois
College of Veterinary Medicine;
(8) for the rehabilitation, repair and maintenance
of the Illinois and DuQuoin State Fair Grounds and the
structures and facilities thereon and the construction of
permanent improvements on such Fair Grounds, including
such structures, facilities and property located on such
State Fair Grounds which are under the custody and
control of the Department of Agriculture;
(9) for the expenses of the Department of
Agriculture under Section 6.01a of "The Civil
Administrative Code of Illinois", as amended;
(10) for the expenses of the Department of Commerce
and Community Affairs under Sections 6.18a, 46.24, 46.25
and 46.26 of "The Civil Administrative Code of Illinois",
as amended;
(11) for remodeling, expanding, and reconstructing
facilities destroyed by fire of any Fair and Exposition
Authority in counties with a population of 1,000,000 or
more inhabitants;
(12) for the purpose of assisting in the care and
general rehabilitation of disabled veterans of any war
and their surviving spouses and orphans;
(13) for expenses of the Department of State Police
for duties performed under this Act;
(14) for the Department of Agriculture for soil
surveys and soil and water conservation purposes;
(15) for the Department of Agriculture for grants
to the City of Chicago for conducting the Chicagofest.
(k) To the extent that monies paid by the Board to the
Agricultural Premium Fund are in the opinion of the Governor
in excess of the amount necessary for the purposes herein
stated, the Governor shall notify the Comptroller and the
State Treasurer of such fact, who, upon receipt of such
notification, shall transfer such excess monies from the
Agricultural Premium Fund to the General Revenue Fund.
(Source: P.A. 89-16, eff. 5-30-95.)
(230 ILCS 5/28.1 new)
Sec. 28.1. Payments.
(a) Beginning on January 1, 2000, moneys collected by
the Department of Revenue and the Racing Board pursuant to
Section 26 or Section 27 of this Act shall be deposited into
the Horse Racing Fund, which is hereby created as a special
fund in the State Treasury.
(b) Appropriations, as approved by the General Assembly,
may be made from the Horse Racing Fund to the Board to pay
the salaries of the Board members, secretary, stewards,
directors of mutuels, veterinarians, representatives,
accountants, clerks, stenographers, inspectors and other
employees of the Board, and all expenses of the Board
incident to the administration of this Act, including, but
not limited to, all expenses and salaries incident to the
taking of saliva and urine samples in accordance with the
rules and regulations of the Board.
(c) Beginning on January 1, 2000, the Board shall
transfer the remainder of the funds generated pursuant to
Sections 26 and 27 from the Horse Racing Fund into the
General Revenue Fund.
(d) Beginning January 1, 2000, payments to all programs
in existence on the effective date of this amendatory Act of
1999 that are identified in Sections 26(c), 26(f),
26(h)(11)(C), and 28, subsections (a), (b), (c), (d), (e),
(f), (g), and (h) of Section 30, and subsections (a), (b),
(c), (d), (e), (f), (g), and (h) of Section 31 shall be made
from the General Revenue Fund at the funding levels
determined by amounts paid under this Act in calendar year
1998.
(230 ILCS 5/29) (from Ch. 8, par. 37-29)
Sec. 29. (a) After the privilege or pari-mutuel tax
established in Sections 26(f), 27, and 27.1 is paid to the
State from the monies retained by the organization licensee
pursuant to Sections 26, 26.2, and 26.3, the remainder of
those monies retained pursuant to Sections 26 and 26.2,
except as provided in subsection (g) of Section 27 of this
Act, shall be allocated evenly to the organization licensee
and as purses.
(b) (Blank).
(c) (Blank).
(d) Each organization licensee and inter-track wagering
licensee from the money retained for purses as set forth in
subsection (a) of this Section, shall pay to an organization
representing the largest number of horse owners and trainers
which has negotiated a contract with the organization
licensee for such purpose an amount equal to at least 1% of
the organization licensee's and inter-track wagering
licensee's retention of the pari-mutuel handle for the racing
season. Each inter-track wagering location licensee, from
the 4% of its handle required to be paid as purses under
paragraph (11) of subsection (h) of Section 26 of this Act,
shall pay to the contractually established representative
organization 2% of that 4%, provided that the payments so
made to the organization shall not exceed a total of $125,000
in any calendar year. Such contract shall be negotiated and
signed prior to the beginning of the racing season.
(Source: P.A. 89-16, eff. 5-30-95.)
(230 ILCS 5/30) (from Ch. 8, par. 37-30)
Sec. 30. (a) The General Assembly declares that it is
the policy of this State to encourage the breeding of
thoroughbred horses in this State and the ownership of such
horses by residents of this State in order to provide for:
sufficient numbers of high quality thoroughbred horses to
participate in thoroughbred racing meetings in this State,
and to establish and preserve the agricultural and commercial
benefits of such breeding and racing industries to the State
of Illinois. It is the intent of the General Assembly to
further this policy by the provisions of this Act.
(b) Each organization licensee conducting a thoroughbred
racing meeting pursuant to this Act shall provide at least
two races each day limited to Illinois conceived and foaled
horses or Illinois foaled horses or both. A minimum of 6
races shall be conducted each week limited to Illinois
conceived and foaled or Illinois foaled horses or both. No
horses shall be permitted to start in such races unless duly
registered under the rules of the Department of Agriculture.
(c) Conditions of races under subsection (b) shall be
commensurate with past performance, quality, and class of
Illinois conceived and foaled and Illinois foaled horses
available. If, however, sufficient competition cannot be had
among horses of that class on any day, the races may, with
consent of the Board, be eliminated for that day and
substitute races provided.
(d) There is hereby created a special fund of the State
Treasury to be known as the Illinois Thoroughbred Breeders
Fund.
Except as provided in subsection (g) of Section 27 of
this Act, 8.5% of all the monies received by the State as
privilege taxes on Thoroughbred racing meetings shall be paid
into the Illinois Thoroughbred Breeders Fund.
(e) The Illinois Thoroughbred Breeders Fund shall be
administered by the Department of Agriculture with the advice
and assistance of the Advisory Board created in subsection
(f) of this Section.
(f) The Illinois Thoroughbred Breeders Fund Advisory
Board shall consist of the Director of the Department of
Agriculture, who shall serve as Chairman; a member of the
Illinois Racing Board, designated by it; 2 representatives of
the organization licensees conducting thoroughbred racing
meetings, recommended by them; 2 representatives of the
Illinois Thoroughbred Breeders and Owners Foundation,
recommended by it; and 2 representatives of the Horsemen's
Benevolent Protective Association or any successor
organization established in Illinois comprised of the largest
number of owners and trainers, recommended by it, with one
representative of the Horsemen's Benevolent and Protective
Association to come from its Illinois Division, and one from
its Chicago Division. Advisory Board members shall serve for
2 years commencing January 1 of each odd numbered year. If
representatives of the organization licensees conducting
thoroughbred racing meetings, the Illinois Thoroughbred
Breeders and Owners Foundation, and the Horsemen's Benevolent
Protection Association have not been recommended by January
1, of each odd numbered year, the Director of the Department
of Agriculture shall make an appointment for the organization
failing to so recommend a member of the Advisory Board.
Advisory Board members shall receive no compensation for
their services as members but shall be reimbursed for all
actual and necessary expenses and disbursements incurred in
the execution of their official duties.
(g) No monies shall be expended from the Illinois
Thoroughbred Breeders Fund except as appropriated by the
General Assembly. Monies appropriated from the Illinois
Thoroughbred Breeders Fund shall be expended by the
Department of Agriculture, with the advice and assistance of
the Illinois Thoroughbred Breeders Fund Advisory Board, for
the following purposes only:
(1) To provide purse supplements to owners of
horses participating in races limited to Illinois
conceived and foaled and Illinois foaled horses. Any
such purse supplements shall not be included in and shall
be paid in addition to any purses, stakes, or breeders'
awards offered by each organization licensee as
determined by agreement between such organization
licensee and an organization representing the horsemen.
No monies from the Illinois Thoroughbred Breeders Fund
shall be used to provide purse supplements for claiming
races in which the minimum claiming price is less than
$7,500.
(2) To provide stakes and awards to be paid to the
owners of the winning horses in certain races limited to
Illinois conceived and foaled and Illinois foaled horses
designated as stakes races.
(2.5) To provide an award to the owner or owners of
an Illinois conceived and foaled or Illinois foaled horse
that wins a maiden special weight, an allowance,
overnight handicap race, or claiming race with claiming
price of $10,000 or more providing the race is not
restricted to Illinois conceived and foaled or Illinois
foaled horses. Awards shall also be provided to the
owner or owners of Illinois conceived and foaled and
Illinois foaled horses that place second or third in
those races. To the extent that additional moneys are
required to pay the minimum additional awards of 40% of
the purse the horse earns for placing first, second or
third in those races for Illinois foaled horses and of
60% of the purse the horse earns for placing first,
second or third in those races for Illinois conceived and
foaled horses, those moneys shall be provided from the
purse account at the track where earned.
(3) To provide stallion awards to the owner or
owners of any stallion that is duly registered with the
Illinois Thoroughbred Breeders Fund Program prior to the
effective date of this amendatory Act of 1995 whose duly
registered Illinois conceived and foaled offspring wins a
race conducted at an Illinois thoroughbred racing meeting
other than a claiming race. Such award shall not be paid
to the owner or owners of an Illinois stallion that
served outside this State at any time during the calendar
year in which such race was conducted.
(4) To provide $75,000 annually for purses to be
distributed to county fairs that provide for the running
of races during each county fair exclusively for the
thoroughbreds conceived and foaled in Illinois. The
conditions of the races shall be developed by the county
fair association and reviewed by the Department with the
advice and assistance of the Illinois Thoroughbred
Breeders Fund Advisory Board. There shall be no wagering
of any kind on the running of Illinois conceived and
foaled races at county fairs.
(4.1) To provide purse money for an Illinois
stallion stakes program.
(5) No less than 80% of all monies appropriated
from the Illinois Thoroughbred Breeders Fund shall be
expended for the purposes in (1), (2), (2.5), (3), (4),
(4.1), and (5) as shown above.
(6) To provide for educational programs regarding
the thoroughbred breeding industry.
(7) To provide for research programs concerning the
health, development and care of the thoroughbred horse.
(8) To provide for a scholarship and training
program for students of equine veterinary medicine.
(9) To provide for dissemination of public
information designed to promote the breeding of
thoroughbred horses in Illinois.
(10) To provide for all expenses incurred in the
administration of the Illinois Thoroughbred Breeders
Fund.
(h) Whenever the Governor finds that the amount in the
Illinois Thoroughbred Breeders Fund is more than the total of
the outstanding appropriations from such fund, the Governor
shall notify the State Comptroller and the State Treasurer of
such fact. The Comptroller and the State Treasurer, upon
receipt of such notification, shall transfer such excess
amount from the Illinois Thoroughbred Breeders Fund to the
General Revenue Fund.
(i) A sum equal to 12 1/2% of the first prize money of
every purse won by an Illinois foaled or an Illinois
conceived and foaled horse in races not limited to Illinois
foaled horses or Illinois conceived and foaled horses, or
both, shall be paid by the organization licensee conducting
the horse race meeting. Such sum shall be paid from the
organization licensee's share of the money wagered as
follows: 11 1/2% to the breeder of the winning horse and 1%
to the organization representing thoroughbred breeders and
owners whose representative serves on the Illinois
Thoroughbred Breeders Fund Advisory Board for verifying the
amounts of breeders' awards earned, assuring their
distribution in accordance with this Act, and servicing and
promoting the Illinois thoroughbred horse racing industry.
The organization representing thoroughbred breeders and
owners shall cause all expenditures of monies received under
this subsection (i) to be audited at least annually by a
registered public accountant. The organization shall file
copies of each annual audit with the Racing Board, the Clerk
of the House of Representatives and the Secretary of the
Senate, and shall make copies of each annual audit available
to the public upon request and upon payment of the reasonable
cost of photocopying the requested number of copies. Such
payments shall not reduce any award to the owner of the horse
or reduce the taxes payable under this Act. Upon completion
of its racing meet, each organization licensee shall deliver
to the organization representing thoroughbred breeders and
owners whose representative serves on the Illinois
Thoroughbred Breeders Fund Advisory Board a listing of all
the Illinois foaled and the Illinois conceived and foaled
horses which won breeders' awards and the amount of such
breeders' awards under this subsection to verify accuracy of
payments and assure proper distribution of breeders' awards
in accordance with the provisions of this Act. Such payments
shall be delivered by the organization licensee within 30
days of the end of each race meeting.
(j) A sum equal to 12 1/2% of the first prize money won
in each race limited to Illinois foaled horses or Illinois
conceived and foaled horses, or both, shall be paid in the
following manner by the organization licensee conducting the
horse race meeting, from the organization licensee's share of
the money wagered: 11 1/2% to the breeders of the horses in
each such race which are the official first, second, third
and fourth finishers and 1% to the organization representing
thoroughbred breeders and owners whose representative serves
on the Illinois Thoroughbred Breeders Fund Advisory Board for
verifying the amounts of breeders' awards earned, assuring
their proper distribution in accordance with this Act, and
servicing and promoting the Illinois thoroughbred horse
racing industry. The organization representing thoroughbred
breeders and owners shall cause all expenditures of monies
received under this subsection (j) to be audited at least
annually by a registered public accountant. The organization
shall file copies of each annual audit with the Racing Board,
the Clerk of the House of Representatives and the Secretary
of the Senate, and shall make copies of each annual audit
available to the public upon request and upon payment of the
reasonable cost of photocopying the requested number of
copies.
The 11 1/2% paid to the breeders in accordance with this
subsection shall be distributed as follows:
(1) 60% of such sum shall be paid to the breeder of
the horse which finishes in the official first position;
(2) 20% of such sum shall be paid to the breeder of
the horse which finishes in the official second position;
(3) 15% of such sum shall be paid to the breeder of
the horse which finishes in the official third position;
and
(4) 5% of such sum shall be paid to the breeder of
the horse which finishes in the official fourth position.
Such payments shall not reduce any award to the owners of
a horse or reduce the taxes payable under this Act. Upon
completion of its racing meet, each organization licensee
shall deliver to the organization representing thoroughbred
breeders and owners whose representative serves on the
Illinois Thoroughbred Breeders Fund Advisory Board a listing
of all the Illinois foaled and the Illinois conceived and
foaled horses which won breeders' awards and the amount of
such breeders' awards in accordance with the provisions of
this Act. Such payments shall be delivered by the
organization licensee within 30 days of the end of each race
meeting.
(k) The term "breeder", as used herein, means the owner
of the mare at the time the foal is dropped. An "Illinois
foaled horse" is a foal dropped by a mare which enters this
State on or before December 1, in the year in which the horse
is bred, 1995 for a foal dropped in calendar year 1996,
November 1, 1996 for a foal dropped in calendar year 1997,
and October 1 for foals dropped in all years thereafter,
provided the mare remains continuously in this State until
its foal is born. An "Illinois foaled horse" also means a
foal born of a mare in the same year as the mare enters this
State on or before March 1, and remains in this State at
least 30 days after foaling, is bred back during the season
of the foaling to an Illinois Registered Stallion (unless a
veterinarian certifies that the mare should not be bred for
health reasons), and is not bred to a stallion standing in
any other state during the season of foaling. An "Illinois
foaled horse" also means a foal born in Illinois of a mare
purchased at public auction subsequent to the mare entering
this State prior to February 1 of the foaling year providing
the mare is owned solely by one or more Illinois residents or
an Illinois entity that is entirely owned by one or more
Illinois residents.
(l) The Department of Agriculture shall, by rule, with
the advice and assistance of the Illinois Thoroughbred
Breeders Fund Advisory Board:
(1) Qualify stallions for Illinois breeding; such
stallions to stand for service within the State of
Illinois at the time of a foal's conception. Such
stallion must not stand for service at any place outside
the State of Illinois during the calendar year in which
the foal is conceived. The Department of Agriculture may
assess and collect application fees for the registration
of Illinois-eligible stallions. All fees collected are
to be paid into the Illinois Thoroughbred Breeders Fund.
(2) Provide for the registration of Illinois
conceived and foaled horses and Illinois foaled horses.
No such horse shall compete in the races limited to
Illinois conceived and foaled horses or Illinois foaled
horses or both unless registered with the Department of
Agriculture. The Department of Agriculture may prescribe
such forms as are necessary to determine the eligibility
of such horses. The Department of Agriculture may assess
and collect application fees for the registration of
Illinois-eligible foals. All fees collected are to be
paid into the Illinois Thoroughbred Breeders Fund. No
person shall knowingly prepare or cause preparation of an
application for registration of such foals containing
false information.
(m) The Department of Agriculture, with the advice and
assistance of the Illinois Thoroughbred Breeders Fund
Advisory Board, shall provide that certain races limited to
Illinois conceived and foaled and Illinois foaled horses be
stakes races and determine the total amount of stakes and
awards to be paid to the owners of the winning horses in such
races.
In determining the stakes races and the amount of awards
for such races, the Department of Agriculture shall consider
factors, including but not limited to, the amount of money
appropriated for the Illinois Thoroughbred Breeders Fund
program, organization licensees' contributions, availability
of stakes caliber horses as demonstrated by past
performances, whether the race can be coordinated into the
proposed racing dates within organization licensees' racing
dates, opportunity for colts and fillies and various age
groups to race, public wagering on such races, and the
previous racing schedule.
(n) The Board and the organizational licensee shall
notify the Department of the conditions and minimum purses
for races limited to Illinois conceived and foaled and
Illinois foaled horses conducted for each organizational
licensee conducting a thoroughbred racing meeting. The
Department of Agriculture with the advice and assistance of
the Illinois Thoroughbred Breeders Fund Advisory Board may
allocate monies for purse supplements for such races. In
determining whether to allocate money and the amount, the
Department of Agriculture shall consider factors, including
but not limited to, the amount of money appropriated for the
Illinois Thoroughbred Breeders Fund program, the number of
races that may occur, and the organizational licensee's purse
structure.
(o) In order to improve the breeding quality of
thoroughbred horses in the State, the General Assembly
recognizes that existing provisions of this Section to
encourage such quality breeding need to be revised and
strengthened. As such, a Thoroughbred Breeder's Program Task
Force is to be appointed by the Governor by September 1, 1999
to make recommendations to the General Assembly by no later
than March 1, 2000. This task force is to be composed of 2
representatives from the Illinois Thoroughbred Breeders and
Owners Foundation, 2 from the Illinois Thoroughbred
Horsemen's Association, 3 from Illinois race tracks operating
thoroughbred race meets for an average of at least 30 days in
the past 3 years, the Director of Agriculture, the Executive
Director of the Racing Board, who shall serve as Chairman.
(Source: P.A. 88-495; 89-16, eff. 5-30-95.)
(230 ILCS 5/30.5 new)
Sec. 30.5. Illinois Quarter Horse Breeders Fund.
(a) The General Assembly declares that it is the policy
of this State to encourage the breeding of racing quarter
horses in this State and the ownership of such horses by
residents of this State in order to provide for sufficient
numbers of high quality racing quarter horses in this State
and to establish and preserve the agricultural and commercial
benefits of such breeding and racing industries to the State
of Illinois. It is the intent of the General Assembly to
further this policy by the provisions of this Act.
(b) There is hereby created a special fund in the State
Treasury to be known as the Illinois Racing Quarter Horse
Breeders Fund. Except as provided in subsection (g) of
Section 27 of this Act, 8.5% of all the moneys received by
the State as pari-mutuel taxes on quarter horse racing shall
be paid into the Illinois Racing Quarter Horse Breeders Fund.
(c) The Illinois Racing Quarter Horse Breeders Fund
shall be administered by the Department of Agriculture with
the advice and assistance of the Advisory Board created in
subsection (d) of this Section.
(d) The Illinois Racing Quarter Horse Breeders Fund
Advisory Board shall consist of the Director of the
Department of Agriculture, who shall serve as Chairman; a
member of the Illinois Racing Board, designated by it; one
representative of the organization licensees conducting
pari-mutuel quarter horse racing meetings, recommended by
them; 2 representatives of the Illinois Running Quarter Horse
Association, recommended by it; and the Superintendent of
Fairs and Promotions from the Department of Agriculture.
Advisory Board members shall serve for 2 years commencing
January 1 of each odd numbered year. If representatives have
not been recommended by January 1 of each odd numbered year,
the Director of the Department of Agriculture may make an
appointment for the organization failing to so recommend a
member of the Advisory Board. Advisory Board members shall
receive no compensation for their services as members but may
be reimbursed for all actual and necessary expenses and
disbursements incurred in the execution of their official
duties.
(e) No moneys shall be expended from the Illinois Racing
Quarter Horse Breeders Fund except as appropriated by the
General Assembly. Moneys appropriated from the Illinois
Racing Quarter Horse Breeders Fund shall be expended by the
Department of Agriculture, with the advice and assistance of
the Illinois Racing Quarter Horse Breeders Fund Advisory
Board, for the following purposes only:
(1) To provide stakes and awards to be paid to the
owners of the winning horses in certain races. This
provision is limited to Illinois conceived and foaled
horses.
(2) To provide an award to the owner or owners of
an Illinois conceived and foaled horse that wins a race
when pari-mutuel wagering is conducted; providing the
race is not restricted to Illinois conceived and foaled
horses.
(3) To provide purse money for an Illinois stallion
stakes program.
(4) To provide for purses to be distributed for the
running of races during the Illinois State Fair and the
DuQuoin State Fair exclusively for quarter horses
conceived and foaled in Illinois.
(5) To provide for purses to be distributed for the
running of races at Illinois county fairs exclusively for
quarter horses conceived and foaled in Illinois.
(6) To provide for purses to be distributed for
running races exclusively for quarter horses conceived
and foaled in Illinois at locations in Illinois
determined by the Department of Agriculture with advice
and consent of the Racing Quarter Horse Breeders Fund
Advisory Board.
(7) No less than 90% of all moneys appropriated
from the Illinois Racing Quarter Horse Breeders Fund
shall be expended for the purposes in items (1), (2),
(3), (4), and (5) of this subsection (e).
(8) To provide for research programs concerning the
health, development, and care of racing quarter horses.
(9) To provide for dissemination of public
information designed to promote the breeding of racing
quarter horses in Illinois.
(10) To provide for expenses incurred in the
administration of the Illinois Racing Quarter Horse
Breeders Fund.
(f) The Department of Agriculture shall, by rule, with
the advice and assistance of the Illinois Racing Quarter
Horse Breeders Fund Advisory Board:
(1) Qualify stallions for Illinois breeding; such
stallions to stand for service within the State of
Illinois, at the time of a foal's conception. Such
stallion must not stand for service at any place outside
the State of Illinois during the calendar year in which
the foal is conceived. The Department of Agriculture may
assess and collect application fees for the registration
of Illinois-eligible stallions. All fees collected are to
be paid into the Illinois Racing Quarter Horse Breeders
Fund.
(2) Provide for the registration of Illinois
conceived and foaled horses. No such horse shall compete
in the races limited to Illinois conceived and foaled
horses unless it is registered with the Department of
Agriculture. The Department of Agriculture may prescribe
such forms as are necessary to determine the eligibility
of such horses. The Department of Agriculture may assess
and collect application fees for the registration of
Illinois-eligible foals. All fees collected are to be
paid into the Illinois Racing Quarter Horse Breeders
Fund. No person shall knowingly prepare or cause
preparation of an application for registration of such
foals that contains false information.
(g) The Department of Agriculture, with the advice and
assistance of the Illinois Racing Quarter Horse Breeders Fund
Advisory Board, shall provide that certain races limited to
Illinois conceived and foaled be stakes races and determine
the total amount of stakes and awards to be paid to the
owners of the winning horses in such races.
(230 ILCS 5/32.1 new)
Sec. 32.1. Pari-mutuel tax credit; statewide racetrack
real estate equalization. In order to encourage new
investment in Illinois racetrack facilities and mitigate
differing real estate tax burdens among all racetracks, the
licensees affiliated or associated with each racetrack that
has been awarded live racing dates in the current year shall
receive an immediate pari-mutuel tax credit in an amount
equal to the greater of (i) 50% of the amount of the real
estate taxes paid in the prior year attributable to that
racetrack, or (ii) the amount by which the real estate taxes
paid in the prior year attributable to that racetrack exceeds
60% of the average real estate taxes paid in the prior year
for all racetracks awarded live horse racing meets in the
current year.
Each year, regardless of whether the organization
licensee conducted live racing in the year of certification,
the Board shall certify in writing, prior to December 31, the
real estate taxes paid in that year for each racetrack and
the amount of the pari-mutuel tax credit that each
organization licensee, intertrack wagering licensee, and
intertrack wagering location licensee that derives its
license from such racetrack is entitled in the succeeding
calendar year. The real estate taxes considered under this
Section for any racetrack shall be those taxes on the real
estate parcels and related facilities used to conduct a horse
race meeting and inter-track wagering at such racetrack under
this Act. In no event shall the amount of the tax credit
under this Section exceed the amount of pari-mutuel taxes
otherwise calculated under this Act. The amount of the tax
credit under this Section shall be retained by each licensee
and shall not be subject to any reallocation or further
distribution under this Act. The Board may promulgate
emergency rules to implement this Section.
(230 ILCS 5/54 new)
Sec. 54. Horse Racing Equity Fund.
(a) There is created in the State Treasury a Fund to be
known as the Horse Racing Equity Fund. The Fund shall
consist of moneys paid into it pursuant to subsection (c-5)
of Section 13 of the Riverboat Gambling Act. The Fund shall
be administered by the Racing Board.
(b) The moneys deposited into the Fund shall be
distributed by the State Treasurer within 10 days after those
moneys are deposited into the Fund as follows:
(1) Fifty percent of all moneys distributed under
this subsection shall be distributed to organization
licensees to be distributed at their race meetings as
purses. Fifty-seven percent of the amount distributed
under this paragraph (1) shall be distributed for
thoroughbred race meetings and 43% shall be distributed
for standardbred race meetings. Within each breed,
moneys shall be allocated to each organization licensee's
purse fund in accordance with the ratio between the
purses generated for that breed by that licensee during
the prior calendar year and the total purses generated
throughout the State for that breed during the prior
calendar year.
(2) The remaining 50% of the moneys distributed
under this subsection (b) shall be distributed pro rata
according to the aggregate proportion of state-wide
handle at the racetrack, inter-track, and inter-track
wagering locations that derive their licenses from a
racetrack identified in this paragraph (2) for calendar
years 1994, 1996, and 1997 to (i) any person (or its
successors or assigns) who had operating control of a
racing facility at which live racing was conducted in
calendar year 1997 and who has operating control of an
organization licensee that conducted racing in calendar
year 1997 and is a licensee in the current year, or (ii)
any person (or its successors or assigns) who has
operating control of a racing facility located in a
county that is bounded by the Mississippi River that has
a population of less than 150,000 according to the 1990
decennial census and conducted an average of 60 days of
racing per year between 1985 and 1993 and has been
awarded an inter-track wagering license in the current
year.
If any person identified in this paragraph (2)
becomes ineligible to receive moneys from the Fund, such
amount shall be redistributed among the remaining persons
in proportion to their percentages otherwise calculated.
(230 ILCS 5/55 new)
Sec. 55. Study concerning account wagering and fixed
odds wagering. The Board shall study whether it would be in
the best interests of the horse racing industry and the State
of Illinois to authorize account wagering and fixed odds
wagering. The Board shall file a written report containing
its findings with the General Assembly no later than December
31, 1999.
Section 12. The Illinois Horse Racing Act of 1975 is
amended by changing Section 32 as follows:
(230 ILCS 5/32) (from Ch. 8, par. 37-32)
Sec. 32. Illinois Race Track Improvement Fund. Within 30
days after the effective date of this Act, the Board shall
cause all moneys previously deposited in the Illinois Race
Track Improvement Fund to be remitted to the racetrack from
which the licensee derives its license in accordance to the
amounts generated by each licensee.
(a) There is hereby created in the State Treasury a fund
to be known as the Illinois Race Track Improvement Fund,
referred to in this Section as the Fund, to consist of monies
paid into it pursuant to Section 28. Except as provided in
subsection (g) of Section 27 of this Act, moneys credited to
the Fund shall be distributed by the Treasurer on order of
the Board.
(b) Except as provided in subsection (g) of Section 28,
50% of the breakage of each meeting shall be collected by the
Department of Revenue and deposited with the State Treasurer
in an account established for each organization licensee who
held such meeting at any track in a given racing year.
(c) The Racing Board shall use this Fund to aid tracks
in improving their facilities. Expenditures from the Fund
shall be equitably distributed between frontside and backside
improvements for each organization licensee, taking into
account the amount an organization licensee may spend or has
spent on frontside and backside improvements over the course
of a multi-year capital improvement plan, which plan shall be
updated each year and subject to the review and approval of
the Board. The Board shall have discretion to deny a request
for reimbursement from the Fund if it determines that the
proposed expenditures are not consistent with the approved
capital improvement plan. An organization licensee shall be
required to file an updated plan each year with any
application to conduct racing.
(d) Monies shall be distributed from the Fund to tracks
for the cost of erection, improving or acquisition of seating
stands, buildings or other structures, ground or track, for
the necessary purchase or required restoration of depreciable
property and equipment used in the operation of a race track,
or for the payment of the cost of amortization of debt
contracted with the approval of the Board for any or all such
purposes. The fund shall also be used to reimburse race
tracks for the added expenses incurred when it is necessary
to establish training facilities for horses eligible to
compete at operating race tracks due to the existence of an
overflow of eligible horses using the training facilities at
the operating tracks, or if it is determined by the Board to
be in the best interests of racing.
(e) The Board shall promulgate procedural rules and
regulations governing information required, deadlines for
filing, and types of application forms to be observed by the
tracks seeking monies from the Fund.
(f) (Blank).
(g) The Board shall keep accurate records of monies
deposited in each account for each licensee. If in any given
year a track does not tender any application for monies from
the Fund or tenders an application which is not in accordance
with the provisions of this Section the Department of Revenue
shall allow such unexpended monies to remain in the account
for utilization at a later date in accordance with the
provision of subsections (c) through (e).
(h) In addition to any other permitted use of moneys in
the Fund, and notwithstanding any restriction on the use of
the Fund, moneys in the Illinois Race Track Improvement Fund
may be transferred to the General Revenue Fund as authorized
by Public Act 87-14. The General Assembly finds that an
excess of moneys existed in the Fund on July 30, 1991, and
the Governor's order of July 30, 1991, requesting the
Comptroller and Treasurer to transfer an amount from the Fund
to the General Revenue Fund is hereby validated.
(Source: P.A. 89-16, eff. 5-30-95.)
Section 15. The Riverboat Gambling Act is amended by
changing the title of the Act, changing Sections 3, 4, 5, 6,
7, 11, 12, 13, and 18, and adding Section 11.2 as follows:
(230 ILCS 10/Act title)
An Act to authorize certain forms of gambling on
excursion gambling boats.
(Source: P.A. 86-1029.)
(230 ILCS 10/3) (from Ch. 120, par. 2403)
Sec. 3. Riverboat Gambling Authorized.
(a) Riverboat gambling operations and the system of
wagering incorporated therein, as defined in this Act, are
hereby authorized to the extent that they are carried out in
accordance with the provisions of this Act.
(b) This Act does not apply to the pari-mutuel system of
wagering used or intended to be used in connection with the
horse-race meetings as authorized under the Illinois Horse
Racing Act of 1975, lottery games authorized under the
Illinois Lottery Law, bingo authorized under the Bingo
License and Tax Act, charitable games authorized under the
Charitable Games Act or pull tabs and jar games conducted
under the Illinois Pull Tabs and Jar Games Act.
(c) Riverboat gambling conducted pursuant to this Act
may be authorized upon any water navigable stream within the
State of Illinois or any water navigable stream other than
Lake Michigan which constitutes a boundary of the State of
Illinois. A licensee may conduct riverboat gambling
authorized under this Act regardless of whether it conducts
excursion cruises. A licensee may permit the continuous
ingress and egress of passengers for the purpose of gambling;
however, this Act does not authorize riverboat gambling
within a county having a population in excess of 3,000,000,
and this Act does not authorize riverboats conducting
gambling under this Act to dock at any location in a county
having a population in excess of 3,000,000.
(Source: P.A. 86-1029.)
(230 ILCS 10/4) (from Ch. 120, par. 2404)
Sec. 4. Definitions. As used in this Act:
(a) "Board" means the Illinois Gaming Board.
(b) "Occupational license" means a license issued by the
Board to a person or entity to perform an occupation which
the Board has identified as requiring a license to engage in
riverboat gambling in Illinois.
(c) "Gambling game" includes, but is not limited to,
baccarat, twenty-one, poker, craps, slot machine, video game
of chance, roulette wheel, klondike table, punchboard, faro
layout, keno layout, numbers ticket, push card, jar ticket,
or pull tab which is authorized by the Board as a wagering
device under this Act.
(d) "Riverboat" means a self-propelled excursion boat or
a permanently moored barge on which lawful gambling is
authorized and licensed as provided in this Act.
(e) (Blank). "Gambling excursion" means the time during
which gambling games may be operated on a riverboat.
(f) "Dock" means the location where a an excursion
riverboat moors for the purpose of embarking passengers for
and disembarking passengers from the riverboat a gambling
excursion.
(g) "Gross receipts" means the total amount of money
exchanged for the purchase of chips, tokens or electronic
cards by riverboat patrons.
(h) "Adjusted gross receipts" means the gross receipts
less winnings paid to wagerers.
(i) "Cheat" means to alter the selection of criteria
which determine the result of a gambling game or the amount
or frequency of payment in a gambling game.
(j) "Department" means the Department of Revenue.
(k) "Gambling operation" means the conduct of authorized
gambling games upon a riverboat.
(Source: P.A. 86-1029; 86-1389; 87-826.)
(230 ILCS 10/5) (from Ch. 120, par. 2405)
Sec. 5. Gaming Board.
(a) (1) There is hereby established within the
Department of Revenue an Illinois Gaming Board which shall
have the powers and duties specified in this Act, and all
other powers necessary and proper to fully and effectively
execute this Act for the purpose of administering,
regulating, and enforcing the system of riverboat gambling
established by this Act. Its jurisdiction shall extend under
this Act to every person, association, corporation,
partnership and trust involved in riverboat gambling
operations in the State of Illinois.
(2) The Board shall consist of 5 members to be appointed
by the Governor with the advice and consent of the Senate,
one of whom shall be designated by the Governor to be
chairman. Each member shall have a reasonable knowledge of
the practice, procedure and principles of gambling
operations. Each member shall either be a resident of
Illinois or shall certify that he will become a resident of
Illinois before taking office. At least one member shall be
experienced in law enforcement and criminal investigation, at
least one member shall be a certified public accountant
experienced in accounting and auditing, and at least one
member shall be a lawyer licensed to practice law in
Illinois.
(3) The terms of office of the Board members shall be 3
years, except that the terms of office of the initial Board
members appointed pursuant to this Act will commence from the
effective date of this Act and run as follows: one for a
term ending July 1, 1991, 2 for a term ending July 1, 1992,
and 2 for a term ending July 1, 1993. Upon the expiration of
the foregoing terms, the successors of such members shall
serve a term for 3 years and until their successors are
appointed and qualified for like terms. Vacancies in the
Board shall be filled for the unexpired term in like manner
as original appointments. Each member of the Board shall be
eligible for reappointment at the discretion of the Governor
with the advice and consent of the Senate.
(4) Each member of the Board shall receive $300 for each
day the Board meets and for each day the member conducts any
hearing pursuant to this Act. Each member of the Board shall
also be reimbursed for all actual and necessary expenses and
disbursements incurred in the execution of official duties.
(5) No person shall be appointed a member of the Board
or continue to be a member of the Board who is, or whose
spouse, child or parent is, a member of the board of
directors of, or a person financially interested in, any
gambling operation subject to the jurisdiction of this Board,
or any race track, race meeting, racing association or the
operations thereof subject to the jurisdiction of the
Illinois Racing Board. No Board member shall hold any other
public office for which he shall receive compensation other
than necessary travel or other incidental expenses. No
person shall be a member of the Board who is not of good
moral character or who has been convicted of, or is under
indictment for, a felony under the laws of Illinois or any
other state, or the United States.
(6) Any member of the Board may be removed by the
Governor for neglect of duty, misfeasance, malfeasance, or
nonfeasance in office.
(7) Before entering upon the discharge of the duties of
his office, each member of the Board shall take an oath that
he will faithfully execute the duties of his office according
to the laws of the State and the rules and regulations
adopted therewith and shall give bond to the State of
Illinois, approved by the Governor, in the sum of $25,000.
Every such bond, when duly executed and approved, shall be
recorded in the office of the Secretary of State. Whenever
the Governor determines that the bond of any member of the
Board has become or is likely to become invalid or
insufficient, he shall require such member forthwith to renew
his bond, which is to be approved by the Governor. Any
member of the Board who fails to take oath and give bond
within 30 days from the date of his appointment, or who fails
to renew his bond within 30 days after it is demanded by the
Governor, shall be guilty of neglect of duty and may be
removed by the Governor. The cost of any bond given by any
member of the Board under this Section shall be taken to be a
part of the necessary expenses of the Board.
(8) Upon the request of the Board, the Department shall
employ such personnel as may be necessary to carry out the
functions of the Board. No person shall be employed to serve
the Board who is, or whose spouse, parent or child is, an
official of, or has a financial interest in or financial
relation with, any operator engaged in gambling operations
within this State or any organization engaged in conducting
horse racing within this State. Any employee violating these
prohibitions shall be subject to termination of employment.
(9) An Administrator shall perform any and all duties
that the Board shall assign him. The salary of the
Administrator shall be determined by the Board and approved
by the Director of the Department and, in addition, he shall
be reimbursed for all actual and necessary expenses incurred
by him in discharge of his official duties. The
Administrator shall keep records of all proceedings of the
Board and shall preserve all records, books, documents and
other papers belonging to the Board or entrusted to its care.
The Administrator shall devote his full time to the duties of
the office and shall not hold any other office or employment.
(b) The Board shall have general responsibility for the
implementation of this Act. Its duties include, without
limitation, the following:
(1) To decide promptly and in reasonable order all
license applications. Any party aggrieved by an action of
the Board denying, suspending, revoking, restricting or
refusing to renew a license may request a hearing before
the Board. A request for a hearing must be made to the
Board in writing within 5 days after service of notice of
the action of the Board. Notice of the action of the
Board shall be served either by personal delivery or by
certified mail, postage prepaid, to the aggrieved party.
Notice served by certified mail shall be deemed complete
on the business day following the date of such mailing.
The Board shall conduct all requested hearings promptly
and in reasonable order;
(2) To conduct all hearings pertaining to civil
violations of this Act or rules and regulations
promulgated hereunder;
(3) To promulgate such rules and regulations as in
its judgment may be necessary to protect or enhance the
credibility and integrity of gambling operations
authorized by this Act and the regulatory process
hereunder;
(4) To provide for the establishment and collection
of all license and registration fees and taxes imposed by
this Act and the rules and regulations issued pursuant
hereto. All such fees and taxes shall be deposited into
the State Gaming Fund;
(5) To provide for the levy and collection of
penalties and fines for the violation of provisions of
this Act and the rules and regulations promulgated
hereunder. All such fines and penalties shall be
deposited into the Education Assistance Fund, created by
Public Act 86-0018, of the State of Illinois;
(6) To be present through its inspectors and agents
any time gambling operations are conducted on any
riverboat for the purpose of certifying the revenue
thereof, receiving complaints from the public, and
conducting such other investigations into the conduct of
the gambling games and the maintenance of the equipment
as from time to time the Board may deem necessary and
proper;
(7) To review and rule upon any complaint by a
licensee regarding any investigative procedures of the
State which are unnecessarily disruptive of gambling
operations. The need to inspect and investigate shall be
presumed at all times. The disruption of a licensee's
operations shall be proved by clear and convincing
evidence, and establish that: (A) the procedures had no
reasonable law enforcement purposes, and (B) the
procedures were so disruptive as to unreasonably inhibit
gambling operations;
(8) To hold at least one meeting each quarter of
the fiscal year. In addition, special meetings may be
called by the Chairman or any 2 Board members upon 72
hours written notice to each member. All Board meetings
shall be subject to the Open Meetings Act. Three members
of the Board shall constitute a quorum, and 3 votes shall
be required for any final determination by the Board.
The Board shall keep a complete and accurate record of
all its meetings. A majority of the members of the Board
shall constitute a quorum for the transaction of any
business, for the performance of any duty, or for the
exercise of any power which this Act requires the Board
members to transact, perform or exercise en banc, except
that, upon order of the Board, one of the Board members
or an administrative law judge designated by the Board
may conduct any hearing provided for under this Act or by
Board rule and may recommend findings and decisions to
the Board. The Board member or administrative law judge
conducting such hearing shall have all powers and rights
granted to the Board in this Act. The record made at the
time of the hearing shall be reviewed by the Board, or a
majority thereof, and the findings and decision of the
majority of the Board shall constitute the order of the
Board in such case;
(9) To maintain records which are separate and
distinct from the records of any other State board or
commission. Such records shall be available for public
inspection and shall accurately reflect all Board
proceedings;
(10) To file a written annual report with the
Governor on or before March 1 each year and such
additional reports as the Governor may request. The
annual report shall include a statement of receipts and
disbursements by the Board, actions taken by the Board,
and any additional information and recommendations which
the Board may deem valuable or which the Governor may
request;
(11) (Blank) To review the patterns of wagering and
wins and losses by persons on riverboat gambling
operations under this Act, and make recommendation to the
Governor and the General Assembly, by January 31, 1992,
as to whether limits on wagering losses should be
imposed; and
(12) To assume responsibility for the
administration and enforcement of the Bingo License and
Tax Act, the Charitable Games Act, and the Pull Tabs and
Jar Games Act if such responsibility is delegated to it
by the Director of Revenue.
(c) The Board shall have jurisdiction over and shall
supervise all gambling operations governed by this Act. The
Board shall have all powers necessary and proper to fully and
effectively execute the provisions of this Act, including,
but not limited to, the following:
(1) To investigate applicants and determine the
eligibility of applicants for licenses and to select
among competing applicants the applicants which best
serve the interests of the citizens of Illinois.
(2) To have jurisdiction and supervision over all
riverboat gambling operations in this State and all
persons on riverboats where gambling operations are
conducted.
(3) To promulgate rules and regulations for the
purpose of administering the provisions of this Act and
to prescribe rules, regulations and conditions under
which all riverboat gambling in the State shall be
conducted. Such rules and regulations are to provide for
the prevention of practices detrimental to the public
interest and for the best interests of riverboat
gambling, including rules and regulations regarding the
inspection of such riverboats and the review of any
permits or licenses necessary to operate a riverboat
under any laws or regulations applicable to riverboats,
and to impose penalties for violations thereof.
(4) To enter the office, riverboats, facilities, or
other places of business of a licensee, where evidence of
the compliance or noncompliance with the provisions of
this Act is likely to be found.
(5) To investigate alleged violations of this Act
or the rules of the Board and to take appropriate
disciplinary action against a licensee or a holder of an
occupational license for a violation, or institute
appropriate legal action for enforcement, or both.
(6) To adopt standards for the licensing of all
persons under this Act, as well as for electronic or
mechanical gambling games, and to establish fees for such
licenses.
(7) To adopt appropriate standards for all
riverboats and facilities.
(8) To require that the records, including
financial or other statements of any licensee under this
Act, shall be kept in such manner as prescribed by the
Board and that any such licensee involved in the
ownership or management of gambling operations submit to
the Board an annual balance sheet and profit and loss
statement, list of the stockholders or other persons
having a 1% or greater beneficial interest in the
gambling activities of each licensee, and any other
information the Board deems necessary in order to
effectively administer this Act and all rules,
regulations, orders and final decisions promulgated under
this Act.
(9) To conduct hearings, issue subpoenas for the
attendance of witnesses and subpoenas duces tecum for the
production of books, records and other pertinent
documents in accordance with the Illinois Administrative
Procedure Act, and to administer oaths and affirmations
to the witnesses, when, in the judgment of the Board, it
is necessary to administer or enforce this Act or the
Board rules.
(10) To prescribe a form to be used by any licensee
involved in the ownership or management of gambling
operations as an application for employment for their
employees.
(11) To revoke or suspend licenses, as the Board
may see fit and in compliance with applicable laws of the
State regarding administrative procedures, and to review
applications for the renewal of licenses. The Board may
suspend an owners license, without notice or hearing upon
a determination that the safety or health of patrons or
employees is jeopardized by continuing a riverboat's
operation. The suspension may remain in effect until the
Board determines that the cause for suspension has been
abated. The Board may revoke the owners license upon a
determination that the owner has not made satisfactory
progress toward abating the hazard.
(12) To eject or exclude or authorize the ejection
or exclusion of, any person from riverboat gambling
facilities where such person is in violation of this Act,
rules and regulations thereunder, or final orders of the
Board, or where such person's conduct or reputation is
such that his presence within the riverboat gambling
facilities may, in the opinion of the Board, call into
question the honesty and integrity of the gambling
operations or interfere with orderly conduct thereof;
provided that the propriety of such ejection or exclusion
is subject to subsequent hearing by the Board.
(13) To require all licensees of gambling
operations to utilize a cashless wagering system whereby
all players' money is converted to tokens, electronic
cards, or chips which shall be used only for wagering in
the gambling establishment.
(14) (Blank). To authorize the routes of a
riverboat and the stops which a riverboat may make.
(15) To suspend, revoke or restrict licenses, to
require the removal of a licensee or an employee of a
licensee for a violation of this Act or a Board rule or
for engaging in a fraudulent practice, and to impose
civil penalties of up to $5,000 against individuals and
up to $10,000 or an amount equal to the daily gross
receipts, whichever is larger, against licensees for each
violation of any provision of the Act, any rules adopted
by the Board, any order of the Board or any other action
which, in the Board's discretion, is a detriment or
impediment to riverboat gambling operations.
(16) To hire employees to gather information,
conduct investigations and carry out any other tasks
contemplated under this Act.
(17) To establish minimum levels of insurance to be
maintained by licensees.
(18) To authorize a licensee to sell or serve
alcoholic liquors, wine or beer as defined in the Liquor
Control Act of 1934 on board a riverboat and to have
exclusive authority to establish the hours for sale and
consumption of alcoholic liquor on board a riverboat,
notwithstanding any provision of the Liquor Control Act
of 1934 or any local ordinance, and regardless of whether
the riverboat makes excursions. The establishment of the
hours for sale and consumption of alcoholic liquor on
board a riverboat is an exclusive power and function of
the State. A home rule unit may not establish the hours
for sale and consumption of alcoholic liquor on board a
riverboat. This amendatory Act of 1991 is a denial and
limitation of home rule powers and functions under
subsection (h) of Section 6 of Article VII of the
Illinois Constitution.
(19) After consultation with the U.S. Army Corps of
Engineers, to establish binding emergency orders upon the
concurrence of a majority of the members of the Board
regarding the navigability of water, relative to
excursions, rivers in the event of extreme weather
conditions, acts of God or other extreme circumstances.
(20) To delegate the execution of any of its powers
under this Act for the purpose of administering and
enforcing this Act and its rules and regulations
hereunder.
(21) To take any other action as may be reasonable
or appropriate to enforce this Act and rules and
regulations hereunder.
(d) The Board may seek and shall receive the cooperation
of the Department of State Police in conducting background
investigations of applicants and in fulfilling its
responsibilities under this Section. Costs incurred by the
Department of State Police as a result of such cooperation
shall be paid by the Board in conformance with the
requirements of subsection 22 of Section 55a of The Civil
Administrative Code of Illinois.
(Source: P.A. 86-1029; 86-1389; 87-826.)
(230 ILCS 10/6) (from Ch. 120, par. 2406)
Sec. 6. Application for Owners License.
(a) A qualified person may apply to the Board for an
owners license to conduct a riverboat gambling operation as
provided in this Act. The application shall be made on forms
provided by the Board and shall contain such information as
the Board prescribes, including but not limited to the
identity of the riverboat on which such gambling operation is
to be conducted and the exact location where such riverboat
will be docked, a certification that the riverboat will be
registered under this Act at all times during which gambling
operations are conducted on board, detailed information
regarding the ownership and management of the applicant, and
detailed personal information regarding the applicant.
Information provided on the application shall be used as a
basis for a thorough background investigation which the Board
shall conduct with respect to each applicant. An incomplete
application shall be cause for denial of a license by the
Board.
(b) Applicants shall submit with their application all
documents, resolutions, and letters of support from the
governing body that represents the municipality or county
wherein the licensee will dock.
(c) Each applicant shall disclose the identity of every
person, association, trust or corporation having a greater
than 1% direct or indirect pecuniary interest in the
riverboat gambling operation with respect to which the
license is sought. If the disclosed entity is a trust, the
application shall disclose the names and addresses of the
beneficiaries; if a corporation, the names and addresses of
all stockholders and directors; if a partnership, the names
and addresses of all partners, both general and limited.
(d) An application shall be filed with the Board by
January 1 of the year preceding any calendar year for which
an applicant seeks an owners license; however, applications
for an owners license permitting operations on January 1,
1991 shall be filed by July 1, 1990. An application fee of
$50,000 shall be paid at the time of filing to defray the
costs associated with the background investigation conducted
by the Board. If the costs of the investigation exceed
$50,000, the applicant shall pay the additional amount to the
Board. If the costs of the investigation are less than
$50,000, the applicant shall receive a refund of the
remaining amount. All information, records, interviews,
reports, statements, memoranda or other data supplied to or
used by the Board in the course of its review or
investigation of an application for a license under this Act
shall be privileged, strictly confidential and shall be used
only for the purpose of evaluating an applicant. Such
information, records, interviews, reports, statements,
memoranda or other data shall not be admissible as evidence,
nor discoverable in any action of any kind in any court or
before any tribunal, board, agency or person, except for any
action deemed necessary by the Board.
(e) The Board shall charge each applicant a fee set by
the Department of State Police to defray the costs associated
with the search and classification of fingerprints obtained
by the Board with respect to the applicant's application.
These fees shall be paid into the State Police Services Fund.
(f) The licensed owner shall be the person primarily
responsible for the boat itself. Only one riverboat gambling
operation may be authorized by the Board on any riverboat.
The applicant must identify each riverboat it intends to use
and certify that the riverboat: (1) has the authorized
capacity required in this Act; (2) is accessible to disabled
persons; and (3) is either a replica of a 19th century
Illinois riverboat or of a casino cruise ship design; and (4)
is fully registered and licensed in accordance with any
applicable laws.
(g) A person who knowingly makes a false statement on an
application is guilty of a Class A misdemeanor.
(Source: P.A. 86-1029; 86-1389.)
(230 ILCS 10/7) (from Ch. 120, par. 2407)
Sec. 7. Owners Licenses.
(a) The Board shall issue owners licenses to persons,
firms or corporations which apply for such licenses upon
payment to the Board of the non-refundable license fee set by
the Board, upon payment of a $25,000 license fee for the
first year of operation and a $5,000 license fee for each
succeeding year and upon a determination by the Board that
the applicant is eligible for an owners license pursuant to
this Act and the rules of the Board. A person, firm or
corporation is ineligible to receive an owners license if:
(1) the person has been convicted of a felony under
the laws of this State, any other state, or the United
States;
(2) the person has been convicted of any violation
of Article 28 of the Criminal Code of 1961, or
substantially similar laws of any other jurisdiction;
(3) the person has submitted an application for a
license under this Act which contains false information;
(4) the person is a member of the Board;
(5) a person defined in (1), (2), (3) or (4) is an
officer, director or managerial employee of the firm or
corporation;
(6) the firm or corporation employs a person
defined in (1), (2), (3) or (4) who participates in the
management or operation of gambling operations authorized
under this Act;
(7) (blank) the person, firm or corporation owns
more than a 10% ownership interest in any entity holding
an owners license issued under this Act; or
(8) a license of the person, firm or corporation
issued under this Act, or a license to own or operate
gambling facilities in any other jurisdiction, has been
revoked.
(b) In determining whether to grant an owners license to
an applicant, the Board shall consider:
(1) the character, reputation, experience and
financial integrity of the applicants and of any other or
separate person that either:
(A) controls, directly or indirectly, such
applicant, or
(B) is controlled, directly or indirectly, by
such applicant or by a person which controls,
directly or indirectly, such applicant;
(2) the facilities or proposed facilities for the
conduct of riverboat gambling;
(3) the highest prospective total revenue to be
derived by the State from the conduct of riverboat
gambling;
(4) the good faith affirmative action plan of each
applicant to recruit, train and upgrade minorities in all
employment classifications;
(5) the financial ability of the applicant to
purchase and maintain adequate liability and casualty
insurance;
(6) whether the applicant has adequate
capitalization to provide and maintain, for the duration
of a license, a riverboat; and
(7) the extent to which the applicant exceeds or
meets other standards for the issuance of an owners
license which the Board may adopt by rule.
(c) Each owners license shall specify the place where
riverboats shall operate and dock.
(d) Each applicant shall submit with his application, on
forms provided by the Board, 2 sets of his fingerprints.
(e) The Board may issue up to 10 licenses authorizing
the holders of such licenses to own riverboats. In the
application for an owners license, the applicant shall state
the dock at which the riverboat is based and the water
navigable stream on which the riverboat will be located
operate. The Board shall issue 5 licenses to become effective
not earlier than January 1, 1991. Three Four of such
licenses shall authorize riverboat gambling on the
Mississippi River, one of which shall authorize riverboat
gambling from a home dock in the city of East St. Louis. One
The other license shall authorize riverboat gambling on the
Illinois River south of Marshall County. The Board shall
issue 1 additional license to become effective not earlier
than March 1, 1992, which shall authorize riverboat gambling
on the Des Plaines River in Will County. The Board may issue
4 additional licenses to become effective not earlier than
March 1, 1992. In determining the water navigable streams
upon which riverboats will operate with licenses effective on
or after March 1, 1992, the Board shall consider the economic
benefit which riverboat gambling confers on the State, and
shall seek to assure that all regions of the State share in
the economic benefits of riverboat gambling.
In granting all licenses, the Board may give favorable
consideration to economically depressed areas of the State,
to applicants presenting plans which provide for significant
economic development over a large geographic area, and to
applicants who currently operate non-gambling riverboats in
Illinois. The Board shall review all applications for owners
licenses, and shall inform each applicant of the Board's
decision.
The Board may revoke the owners license of a licensee
which fails to begin conducting gambling regular riverboat
cruises within 15 12 months of receipt of the Board's
approval of the application if the Board determines that
license revocation is in the best interests of the State.
(f) The first 10 owners licenses issued under this Act
shall permit the holder to own up to 2 riverboats and
equipment thereon for a period of 3 years after the effective
date of the license. Holders of the first 10 owners licenses
must pay the annual license fee for each of the 3 years
during which they are authorized to own riverboats.
(g) Upon the termination, expiration, or revocation of
each of the first 10 licenses, which shall be issued for a 3
year period, all licenses are renewable annually upon payment
of the fee and a determination by the Board that the licensee
continues to meet all of the requirements of this Act and the
Board's rules. However, for licenses renewed on or after May
1, 1998, renewal shall be for a period of 4 years, unless the
Board sets a shorter period.
(h) An owners license shall entitle the licensee to own
up to 2 riverboats. A licensee shall limit the number of
gambling participants to 1,200 for any such owners license. A
licensee may operate both of its riverboats concurrently,
provided that the total number of gambling participants on
both riverboats does not exceed 1,200. Riverboats licensed to
operate on the Mississippi River and the Illinois River south
of Marshall County shall have an authorized capacity of at
least 500 persons. Any other riverboat licensed under this
Act shall have an authorized capacity of at least 400
persons.
(i) A licensed owner is authorized to apply to the Board
for and, if approved therefor, to receive all licenses from
the Board necessary for the operation of a riverboat,
including a liquor license, a license to prepare and serve
food for human consumption, and other necessary licenses.
All use, occupation and excise taxes which apply to the sale
of food and beverages in this State and all taxes imposed on
the sale or use of tangible personal property apply to such
sales aboard the riverboat.
(j) None of the first 5 licenses issued by the Board to
become effective not earlier than January 1, 1991 shall
authorize a riverboat to dock in a municipality with a
population of under 2,000; however, this restriction does not
apply to any additional licenses issued by the Board to
become effective not earlier than March 1, 1992. The Board
may issue a license authorizing a riverboat to dock in a
municipality or approve a relocation under Section 11.2 only
if, prior to the issuance of the license or approval, the
governing body of the municipality in which the riverboat
will dock has by a majority vote approved the docking of
riverboats in the municipality. The Board may issue a
license authorizing a riverboat to dock in areas of a county
outside any municipality or approve a relocation under
Section 11.2 only if, prior to the issuance of the license or
approval, the governing body of the county has by a majority
vote approved of the docking of riverboats within such areas.
(k) Nothing in this Act shall be interpreted to prohibit
a licensed owner from operating a school for the training of
any occupational licensee.
(Source: P.A. 86-1029; 86-1389; 86-1475; 87-826.)
(230 ILCS 10/11) (from Ch. 120, par. 2411)
Sec. 11. Conduct of gambling.
(a) Gambling may be conducted by licensed owners aboard
riverboats, subject to the following standards:
(1) A licensee may conduct riverboat gambling
authorized under this Act regardless of whether it
conducts excursion cruises. A licensee may permit the
continuous ingress and egress of passengers for the
purpose of gambling No gambling may be conducted while a
riverboat is docked.
(2) (Blank). Riverboat cruises may not exceed 4
hours for a round trip, with the exception of any
extended cruises, each of which shall be expressly
approved by the Board.
(3) Minimum and maximum wagers on games shall be
set by the licensee.
(4) Agents of the Board and the Department of State
Police may board and inspect any riverboat at any time
for the purpose of determining whether this Act is being
complied with. Every riverboat, if under way and being
hailed by a law enforcement officer or agent of the
Board, must stop immediately and lay to.
(5) Employees of the Board shall have the right to
be present on the riverboat or on adjacent facilities
under the control of the licensee.
(6) Gambling equipment and supplies customarily
used in conducting riverboat gambling must be purchased
or leased only from suppliers licensed for such purpose
under this Act.
(7) Persons licensed under this Act shall permit no
form of wagering on gambling games except as permitted by
this Act.
(8) Wagers may be received only from a person
present on a licensed riverboat. No person present on a
licensed riverboat shall place or attempt to place a
wager on behalf of another person who is not present on
the riverboat.
(9) Wagering shall not be conducted with money or
other negotiable currency.
(10) A person under age 21 shall not be permitted
on an area of a riverboat where gambling is being
conducted, except for a person at least 18 years of age
who is an employee of the riverboat gambling operation.
No employee under age 21 shall perform any function
involved in gambling by the patrons. No person under age
21 shall be permitted to make a wager under this Act.
(11) Gambling excursion cruises are permitted only
when the waterway navigable stream for which the
riverboat is licensed is navigable, as determined by the
Board in consultation with the U.S. Army Corps of
Engineers. This paragraph (11) does not limit the ability
of a licensee to conduct gambling authorized under this
Act when gambling excursion cruises are not permitted.
(12) All tokens, chips or electronic cards used to
make wagers must be purchased from a licensed owner
either aboard a riverboat or at an onshore facility which
has been approved by the Board and which is located where
the riverboat docks. The tokens, chips or electronic
cards may be purchased by means of an agreement under
which the owner extends credit to the patron. Such
tokens, chips or electronic cards may be used while
aboard the riverboat only for the purpose of making
wagers on gambling games.
(13) Notwithstanding any other Section of this Act,
in addition to the other licenses authorized under this
Act, the Board may issue special event licenses allowing
persons who are not otherwise licensed to conduct
riverboat gambling to conduct such gambling on a
specified date or series of dates. Riverboat gambling
under such a license may take place on a riverboat not
normally used for riverboat gambling. The Board shall
establish standards, fees and fines for, and limitations
upon, such licenses, which may differ from the standards,
fees, fines and limitations otherwise applicable under
this Act. All such fees shall be deposited into the
State Gaming Fund. All such fines shall be deposited
into the Education Assistance Fund, created by Public Act
86-0018, of the State of Illinois.
(14) In addition to the above, gambling must be
conducted in accordance with all rules adopted by the
Board.
(Source: P.A. 86-1029; 86-1389; 87-826.)
(230 ILCS 10/11.2 new)
Sec. 11.2. Relocation of riverboat home dock.
(a) A licensee that was not conducting riverboat
gambling on January 1, 1998 may apply to the Board for
renewal and approval of relocation to a new home dock
location authorized under Section 3(c) and the Board shall
grant the application and approval upon receipt by the
licensee of approval from the new municipality or county, as
the case may be, in which the licensee wishes to relocate
pursuant to Section 7(j).
(b) Any licensee that relocates its home dock pursuant
to this Section shall attain a level of at least 20% minority
person and female ownership, at least 16% and 4%
respectively, within a time period prescribed by the Board,
but not to exceed 12 months from the date the licensee begins
conducting gambling at the new home dock location. The
12-month period shall be extended by the amount of time
necessary to conduct a background investigation pursuant to
Section 6. For the purposes of this Section, the terms
"female" and "minority person" have the meanings provided in
Section 2 of the Business Enterprise for Minorities, Females,
and Persons with Disabilities Act.
(230 ILCS 10/12) (from Ch. 120, par. 2412)
Sec. 12. Admission tax; fees.
(a) A tax is hereby imposed upon admissions to gambling
excursions authorized pursuant to this Act at a rate of $2
per person admitted. This admission tax is imposed upon the
licensed owner conducting the gambling excursion.
(1) If tickets are issued which are good for more
than one gambling excursion, The admission tax shall be
paid for each admission person using the ticket on each
gambling excursion for which the ticket is used.
(2) (Blank). If free passes or complimentary
admission tickets are issued, the licensee shall pay the
same tax upon these passes or complimentary tickets as if
they were sold at the regular and usual admission rate.
(3) The riverboat licensee may issue tax-free
passes to actual and necessary officials and employees of
the licensee or other persons actually working on the
riverboat.
(4) The number and issuance of tax-free passes is
subject to the rules of the Board, and a list of all
persons to whom the tax-free passes are issued shall be
filed with the Board.
(b) From the $2 tax imposed under subsection (a), a
municipality shall receive from the State $1 for each person
embarking on a riverboat docked within the municipality, and
a county shall receive $1 for each person embarking on a
riverboat docked within the county but outside the boundaries
of any municipality. The municipality's or county's share
shall be collected by the Board on behalf of the State and
remitted quarterly by the State, subject to appropriation, to
the treasurer of the unit of local government for deposit in
the general fund.
(c) The licensed owner shall pay the entire admission
tax to the Board. Such payments shall be made daily.
Accompanying each payment shall be a return on forms provided
by the Board which shall include other information regarding
admissions as the Board may require. Failure to submit
either the payment or the return within the specified time
may result in suspension or revocation of the owners license.
(d) The Board shall administer and collect the admission
tax imposed by this Section, to the extent practicable, in a
manner consistent with the provisions of Sections 4, 5, 5a,
5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9 and 10 of
the Retailers' Occupation Tax Act and Section 3-7 of the
Uniform Penalty and Interest Act.
(Source: P.A. 86-1029; 86-1389; 87-205; 87-895.)
(230 ILCS 10/13) (from Ch. 120, par. 2413)
Sec. 13. Wagering tax; rate; distribution.
(a) Until January 1, 1998, a tax is imposed on the
adjusted gross receipts received from gambling games
authorized under this Act at the rate of 20%.
Beginning January 1, 1998, a privilege tax is imposed on
persons engaged in the business of conducting riverboat
gambling operations, based on the adjusted gross receipts
received by a licensed owner from gambling games authorized
under this Act at the following rates:
15% of annual adjusted gross receipts up to and
including $25,000,000;
20% of annual adjusted gross receipts in excess of
$25,000,000 but not exceeding $50,000,000;
25% of annual adjusted gross receipts in excess of
$50,000,000 but not exceeding $75,000,000;
30% of annual adjusted gross receipts in excess of
$75,000,000 but not exceeding $100,000,000;
35% of annual adjusted gross receipts in excess of
$100,000,000.
The taxes imposed by this Section shall be paid by the
licensed owner to the Board not later than 3:00 o'clock p.m.
of the day after the day when the wagers were made.
(b) Until January 1, 1998, 25% of the tax revenue
deposited in the State Gaming Fund under this Section shall
be paid, subject to appropriation by the General Assembly, to
the unit of local government which is designated as the home
dock of the riverboat. Beginning January 1, 1998, from the
tax revenue deposited in the State Gaming Fund under this
Section, an amount equal to 5% of adjusted gross receipts
generated by a riverboat shall be paid monthly, subject to
appropriation by the General Assembly, to the unit of local
government that is designated as the home dock of the
riverboat.
(c) Appropriations, as approved by the General Assembly,
may be made from the State Gaming Fund to the Department of
Revenue and the Department of State Police for the
administration and enforcement of this Act.
(c-5) After the payments required under subsections (b)
and (c) have been made, an amount equal to 15% of the
adjusted gross receipts of a riverboat (1) that relocates
pursuant to Section 11.2, or (2) for which an owners license
is initially issued after the effective date of this
amendatory Act of 1999, whichever comes first, shall be paid
from the State Gaming Fund into the Horse Racing Equity Fund.
(c-10) Each year the General Assembly shall appropriate
from the General Revenue Fund to the Education Assistance
Fund an amount equal to the amount paid into the Horse Racing
Equity Fund pursuant to subsection (c-5) in the prior
calendar year.
(c-15) After the payments required under subsections
(b), (c), and (c-5) have been made, an amount equal to 2% of
the adjusted gross receipts of a riverboat (1) that relocates
pursuant to Section 11.2, or (2) for which an owners license
is initially issued after the effective date of this
amendatory Act of 1999, whichever comes first, shall be paid,
subject to appropriation from the General Assembly, from the
State Gaming Fund to each home rule county with a population
of over 3,000,000 inhabitants for the purpose of enhancing
the county's criminal justice system.
(c-20) Each year the General Assembly shall appropriate
from the General Revenue Fund to the Education Assistance
Fund an amount equal to the amount paid to each home rule
county with a population of over 3,000,000 inhabitants
pursuant to subsection (c-15) in the prior calendar year.
(c-25) After the payments required under subsections
(b), (c), (c-5) and (c-15) have been made, an amount equal to
2% of the adjusted gross receipts of a riverboat (1) that
relocates pursuant to Section 11.2, or (2) for which an
owners license is initially issued after the effective date
of this amendatory Act of 1999, whichever comes first, shall
be paid from the State Gaming Fund into the State
Universities Athletic Capital Improvement Fund.
(d) From time to time, the Board shall transfer the
remainder of the funds generated by this Act into the
Education Assistance Fund, created by Public Act 86-0018, of
the State of Illinois.
(e) Nothing in this Act shall prohibit the unit of local
government designated as the home dock of the riverboat from
entering into agreements with other units of local government
in this State or in other states to share its portion of the
tax revenue.
(f) To the extent practicable, the Board shall
administer and collect the wagering taxes imposed by this
Section in a manner consistent with the provisions of
Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of the Retailers' Occupation Tax Act and
Section 3-7 of the Uniform Penalty and Interest Act.
(Source: P.A. 89-21, eff. 7-1-95; 90-548, eff. 12-4-97.)
(230 ILCS 10/18) (from Ch. 120, par. 2418)
Sec. 18. Prohibited Activities - Penalty.
(a) A person is guilty of a Class A misdemeanor for
doing any of the following:
(1) Conducting Operating a gambling excursion where
wagering is used or to be used without a license issued
by the Board.
(2) Conducting Operating a gambling excursion where
wagering is permitted other than in the manner specified
by Section 11.
(b) A person is guilty of a Class B misdemeanor for
doing any of the following:
(1) permitting a person under 21 years to make a
wager; or
(2) violating paragraph (12) of subsection (a) of
Section 11 of this Act.
(c) A person wagering or accepting a wager at any
location outside the riverboat is subject to the penalties in
paragraphs (1) or (2) of subsection (a) of Section 28-1 of
the Criminal Code of 1961.
(d) A person commits a Class 4 felony and, in addition,
shall be barred for life from riverboats under the
jurisdiction of the Board, if the person does any of the
following:
(1) Offers, promises, or gives anything of value or
benefit to a person who is connected with a riverboat
owner including, but not limited to, an officer or
employee of a licensed owner or holder of an occupational
license pursuant to an agreement or arrangement or with
the intent that the promise or thing of value or benefit
will influence the actions of the person to whom the
offer, promise, or gift was made in order to affect or
attempt to affect the outcome of a gambling game, or to
influence official action of a member of the Board.
(2) Solicits or knowingly accepts or receives a
promise of anything of value or benefit while the person
is connected with a riverboat including, but not limited
to, an officer or employee of a licensed owner, or holder
of an occupational license, pursuant to an understanding
or arrangement or with the intent that the promise or
thing of value or benefit will influence the actions of
the person to affect or attempt to affect the outcome of
a gambling game, or to influence official action of a
member of the Board.
(3) Uses or possesses with the intent to use a
device to assist:
(i) In projecting the outcome of the game.
(ii) In keeping track of the cards played.
(iii) In analyzing the probability of the
occurrence of an event relating to the gambling
game.
(iv) In analyzing the strategy for playing or
betting to be used in the game except as permitted
by the Board.
(4) Cheats at a gambling game.
(5) Manufactures, sells, or distributes any cards,
chips, dice, game or device which is intended to be used
to violate any provision of this Act.
(6) Alters or misrepresents the outcome of a
gambling game on which wagers have been made after the
outcome is made sure but before it is revealed to the
players.
(7) Places a bet after acquiring knowledge, not
available to all players, of the outcome of the gambling
game which is subject of the bet or to aid a person in
acquiring the knowledge for the purpose of placing a bet
contingent on that outcome.
(8) Claims, collects, or takes, or attempts to
claim, collect, or take, money or anything of value in or
from the gambling games, with intent to defraud, without
having made a wager contingent on winning a gambling
game, or claims, collects, or takes an amount of money or
thing of value of greater value than the amount won.
(9) Uses counterfeit chips or tokens in a gambling
game.
(10) Possesses any key or device designed for the
purpose of opening, entering, or affecting the operation
of a gambling game, drop box, or an electronic or
mechanical device connected with the gambling game or for
removing coins, tokens, chips or other contents of a
gambling game. This paragraph (10) does not apply to a
gambling licensee or employee of a gambling licensee
acting in furtherance of the employee's employment.
(e) The possession of more than one of the devices
described in subsection (d), paragraphs (3), (5) or (10)
permits a rebuttable presumption that the possessor intended
to use the devices for cheating.
An action to prosecute any crime occurring on a riverboat
during a gambling excursion shall be tried in the county of
the dock at which the riverboat is based.
(Source: P.A. 86-1029; 87-826.)
(30 ILCS 105/5.26b rep.)
(30 ILCS 105/5.211 rep.)
Section 20. The State Finance Act is amended by
repealing Sections 5.26b and 5.211.
(230 ILCS 5/20.5 rep.)
(230 ILCS 5/26.6 rep.)
Section 25. The Illinois Horse Racing Act of 1975 is
amended by repealing Sections 20.5 and 26.6.
Section 30. Inseverability. The provisions of this Act
are mutually dependent and inseverable. If any provision is
held invalid other than as applied to a particular person or
circumstance, then this entire Act is invalid.
Section 99. Effective date. This Act takes effect upon
becoming law, except that Sections 12 and 20 take effect
January 1, 2000.
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