093_SB1088 LRB093 10521 LRD 10775 b 1 AN ACT in relation to gambling. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Lottery Law is amended by 5 changing Section 15 as follows: 6 (20 ILCS 1605/15) (from Ch. 120, par. 1165) 7 Sec. 15. No personminorunder 2118years of age shall 8 buy a lottery ticket or share. No person shall sell, 9 distribute samples of, or furnish a lottery ticket or share 10 to any personminorunder 2118years of age, buy a lottery 11 ticket or share for any personminorunder 2118years of 12 age, or aid and abet in the purchase of lottery tickets or 13 shares by a personminorunder 2118years of age. 14 No ticket or share shall be purchased by, and no prize 15 shall be paid to any of the following persons: any member of 16 the Board or any officer or other person employed by the 17 Board or by the Department; any spouse, child, brother, 18 sister or parent residing as a member of the same household 19 in the principal place of abode of any such persons; or any 20 personminorunder 2118years of age. 21 Any violation of this Section by a person other than a 22 purchaser who is not at least 21 years of agethe purchasing23minorshall be a Class B misdemeanor; provided, that if any 24 violation of this Section is a subsequent violation, the 25 offender shall be guilty of a Class 4 felony. 26 Notwithstanding any provision to the contrary, a violation of 27 this Section by a personminorunder 2118years of age shall 28 be a petty offense. 29 (Source: P.A. 90-346, eff. 8-8-97.) 30 Section 10. The Illinois Horse Racing Act of 1975 is -2- LRB093 10521 LRD 10775 b 1 amended by changing Section 26 and adding Section 34.2 as 2 follows: 3 (230 ILCS 5/26) (from Ch. 8, par. 37-26) 4 Sec. 26. Wagering. 5 (a) Any licensee may conduct and supervise the 6 pari-mutuel system of wagering, as defined in Section 3.12 of 7 this Act, on horse races conducted by an Illinois 8 organization licensee or conducted at a racetrack located in 9 another state or country and televised in Illinois in 10 accordance with subsection (g) of Section 26 of this Act. 11 Subject to the prior consent of the Board, licensees may 12 supplement any pari-mutuel pool in order to guarantee a 13 minimum distribution. Such pari-mutuel method of wagering 14 shall not, under any circumstances if conducted under the 15 provisions of this Act, be held or construed to be unlawful, 16 other statutes of this State to the contrary notwithstanding. 17 Subject to rules for advance wagering promulgated by the 18 Board, any licensee may accept wagers in advance of the day 19 of the race wagered upon occurs. 20 (b) No other method of betting, pool making, wagering or 21 gambling shall be used or permitted by the licensee. Each 22 licensee may retain, subject to the payment of all applicable 23 taxes and purses, an amount not to exceed 17% of all money 24 wagered under subsection (a) of this Section, except as may 25 otherwise be permitted under this Act. 26 (b-5) An individual may place a wager under the 27 pari-mutuel system from any licensed location authorized 28 under this Act provided that wager is electronically recorded 29 in the manner described in Section 3.12 of this Act. Any 30 wager made electronically by an individual while physically 31 on the premises of a licensee shall be deemed to have been 32 made at the premises of that licensee. 33 (c) Until January 1, 2000, the sum held by any licensee -3- LRB093 10521 LRD 10775 b 1 for payment of outstanding pari-mutuel tickets, if unclaimed 2 prior to December 31 of the next year, shall be retained by 3 the licensee for payment of such tickets until that date. 4 Within 10 days thereafter, the balance of such sum remaining 5 unclaimed, less any uncashed supplements contributed by such 6 licensee for the purpose of guaranteeing minimum 7 distributions of any pari-mutuel pool, shall be paid to the 8 Illinois Veterans' Rehabilitation Fund of the State treasury, 9 except as provided in subsection (g) of Section 27 of this 10 Act. 11 (c-5) Beginning January 1, 2000, the sum held by any 12 licensee for payment of outstanding pari-mutuel tickets, if 13 unclaimed prior to December 31 of the next year, shall be 14 retained by the licensee for payment of such tickets until 15 that date. Within 10 days thereafter, the balance of such 16 sum remaining unclaimed, less any uncashed supplements 17 contributed by such licensee for the purpose of guaranteeing 18 minimum distributions of any pari-mutuel pool, shall be 19 evenly distributed to the purse account of the organization 20 licensee and the organization licensee. 21 (d) A pari-mutuel ticket shall be honored until December 22 31 of the next calendar year, and the licensee shall pay the 23 same and may charge the amount thereof against unpaid money 24 similarly accumulated on account of pari-mutuel tickets not 25 presented for payment. 26 (e) No licensee shall knowingly permit any minor, other 27 than an employee of such licensee or an owner, trainer, 28 jockey, driver, or employee thereof, to be admitted during a 29 racing program unless accompanied by a parent or guardian, or 30 any person who is not at least 21 years of ageminorto be a 31 patron of the pari-mutuel system of wagering conducted or 32 supervised by it. The admission of any unaccompanied minor, 33 other than an employee of the licensee or an owner, trainer, 34 jockey, driver, or employee thereof at a race track is a -4- LRB093 10521 LRD 10775 b 1 Class C misdemeanor. 2 (f) Notwithstanding the other provisions of this Act, an 3 organization licensee may contract with an entity in another 4 state or country to permit any legal wagering entity in 5 another state or country to accept wagers solely within such 6 other state or country on races conducted by the organization 7 licensee in this State. Beginning January 1, 2000, these 8 wagers shall not be subject to State taxation. Until January 9 1, 2000, when the out-of-State entity conducts a pari-mutuel 10 pool separate from the organization licensee, a privilege tax 11 equal to 7 1/2% of all monies received by the organization 12 licensee from entities in other states or countries pursuant 13 to such contracts is imposed on the organization licensee, 14 and such privilege tax shall be remitted to the Department of 15 Revenue within 48 hours of receipt of the moneys from the 16 simulcast. When the out-of-State entity conducts a combined 17 pari-mutuel pool with the organization licensee, the tax 18 shall be 10% of all monies received by the organization 19 licensee with 25% of the receipts from this 10% tax to be 20 distributed to the county in which the race was conducted. 21 An organization licensee may permit one or more of its 22 races to be utilized for pari-mutuel wagering at one or more 23 locations in other states and may transmit audio and visual 24 signals of races the organization licensee conducts to one or 25 more locations outside the State or country and may also 26 permit pari-mutuel pools in other states or countries to be 27 combined with its gross or net wagering pools or with 28 wagering pools established by other states. 29 (g) A host track may accept interstate simulcast wagers 30 on horse races conducted in other states or countries and 31 shall control the number of signals and types of breeds of 32 racing in its simulcast program, subject to the disapproval 33 of the Board. The Board may prohibit a simulcast program 34 only if it finds that the simulcast program is clearly -5- LRB093 10521 LRD 10775 b 1 adverse to the integrity of racing. The host track simulcast 2 program shall include the signal of live racing of all 3 organization licensees. All non-host licensees shall carry 4 the host track simulcast program and accept wagers on all 5 races included as part of the simulcast program upon which 6 wagering is permitted. The costs and expenses of the host 7 track and non-host licensees associated with interstate 8 simulcast wagering, other than the interstate commission fee, 9 shall be borne by the host track and all non-host licensees 10 incurring these costs. The interstate commission fee shall 11 not exceed 5% of Illinois handle on the interstate simulcast 12 race or races without prior approval of the Board. The Board 13 shall promulgate rules under which it may permit interstate 14 commission fees in excess of 5%. The interstate commission 15 fee and other fees charged by the sending racetrack, 16 including, but not limited to, satellite decoder fees, shall 17 be uniformly applied to the host track and all non-host 18 licensees. 19 (1) Between the hours of 6:30 a.m. and 6:30 p.m. an 20 intertrack wagering licensee other than the host track 21 may supplement the host track simulcast program with 22 additional simulcast races or race programs, provided 23 that between January 1 and the third Friday in February 24 of any year, inclusive, if no live thoroughbred racing is 25 occurring in Illinois during this period, only 26 thoroughbred races may be used for supplemental 27 interstate simulcast purposes. The Board shall withhold 28 approval for a supplemental interstate simulcast only if 29 it finds that the simulcast is clearly adverse to the 30 integrity of racing. A supplemental interstate simulcast 31 may be transmitted from an intertrack wagering licensee 32 to its affiliated non-host licensees. The interstate 33 commission fee for a supplemental interstate simulcast 34 shall be paid by the non-host licensee and its affiliated -6- LRB093 10521 LRD 10775 b 1 non-host licensees receiving the simulcast. 2 (2) Between the hours of 6:30 p.m. and 6:30 a.m. an 3 intertrack wagering licensee other than the host track 4 may receive supplemental interstate simulcasts only with 5 the consent of the host track, except when the Board 6 finds that the simulcast is clearly adverse to the 7 integrity of racing. Consent granted under this 8 paragraph (2) to any intertrack wagering licensee shall 9 be deemed consent to all non-host licensees. The 10 interstate commission fee for the supplemental interstate 11 simulcast shall be paid by all participating non-host 12 licensees. 13 (3) Each licensee conducting interstate simulcast 14 wagering may retain, subject to the payment of all 15 applicable taxes and the purses, an amount not to exceed 16 17% of all money wagered. If any licensee conducts the 17 pari-mutuel system wagering on races conducted at 18 racetracks in another state or country, each such race or 19 race program shall be considered a separate racing day 20 for the purpose of determining the daily handle and 21 computing the privilege tax of that daily handle as 22 provided in subsection (a) of Section 27. Until January 23 1, 2000, from the sums permitted to be retained pursuant 24 to this subsection, each intertrack wagering location 25 licensee shall pay 1% of the pari-mutuel handle wagered 26 on simulcast wagering to the Horse Racing Tax Allocation 27 Fund, subject to the provisions of subparagraph (B) of 28 paragraph (11) of subsection (h) of Section 26 of this 29 Act. 30 (4) A licensee who receives an interstate simulcast 31 may combine its gross or net pools with pools at the 32 sending racetracks pursuant to rules established by the 33 Board. All licensees combining their gross pools at a 34 sending racetrack shall adopt the take-out percentages of -7- LRB093 10521 LRD 10775 b 1 the sending racetrack. A licensee may also establish a 2 separate pool and takeout structure for wagering purposes 3 on races conducted at race tracks outside of the State of 4 Illinois. The licensee may permit pari-mutuel wagers 5 placed in other states or countries to be combined with 6 its gross or net wagering pools or other wagering pools. 7 (5) After the payment of the interstate commission 8 fee (except for the interstate commission fee on a 9 supplemental interstate simulcast, which shall be paid by 10 the host track and by each non-host licensee through the 11 host-track) and all applicable State and local taxes, 12 except as provided in subsection (g) of Section 27 of 13 this Act, the remainder of moneys retained from simulcast 14 wagering pursuant to this subsection (g), and Section 15 26.2 shall be divided as follows: 16 (A) For interstate simulcast wagers made at a 17 host track, 50% to the host track and 50% to purses 18 at the host track. 19 (B) For wagers placed on interstate simulcast 20 races, supplemental simulcasts as defined in 21 subparagraphs (1) and (2), and separately pooled 22 races conducted outside of the State of Illinois 23 made at a non-host licensee, 25% to the host track, 24 25% to the non-host licensee, and 50% to the purses 25 at the host track. 26 (6) Notwithstanding any provision in this Act to 27 the contrary, non-host licensees who derive their 28 licenses from a track located in a county with a 29 population in excess of 230,000 and that borders the 30 Mississippi River may receive supplemental interstate 31 simulcast races at all times subject to Board approval, 32 which shall be withheld only upon a finding that a 33 supplemental interstate simulcast is clearly adverse to 34 the integrity of racing. -8- LRB093 10521 LRD 10775 b 1 (7) Notwithstanding any provision of this Act to 2 the contrary, after payment of all applicable State and 3 local taxes and interstate commission fees, non-host 4 licensees who derive their licenses from a track located 5 in a county with a population in excess of 230,000 and 6 that borders the Mississippi River shall retain 50% of 7 the retention from interstate simulcast wagers and shall 8 pay 50% to purses at the track from which the non-host 9 licensee derives its license as follows: 10 (A) Between January 1 and the third Friday in 11 February, inclusive, if no live thoroughbred racing 12 is occurring in Illinois during this period, when 13 the interstate simulcast is a standardbred race, the 14 purse share to its standardbred purse account; 15 (B) Between January 1 and the third Friday in 16 February, inclusive, if no live thoroughbred racing 17 is occurring in Illinois during this period, and the 18 interstate simulcast is a thoroughbred race, the 19 purse share to its interstate simulcast purse pool 20 to be distributed under paragraph (10) of this 21 subsection (g); 22 (C) Between January 1 and the third Friday in 23 February, inclusive, if live thoroughbred racing is 24 occurring in Illinois, between 6:30 a.m. and 6:30 25 p.m. the purse share from wagers made during this 26 time period to its thoroughbred purse account and 27 between 6:30 p.m. and 6:30 a.m. the purse share from 28 wagers made during this time period to its 29 standardbred purse accounts; 30 (D) Between the third Saturday in February and 31 December 31, when the interstate simulcast occurs 32 between the hours of 6:30 a.m. and 6:30 p.m., the 33 purse share to its thoroughbred purse account; 34 (E) Between the third Saturday in February and -9- LRB093 10521 LRD 10775 b 1 December 31, when the interstate simulcast occurs 2 between the hours of 6:30 p.m. and 6:30 a.m., the 3 purse share to its standardbred purse account. 4 (7.1) Notwithstanding any other provision of this 5 Act to the contrary, if no standardbred racing is 6 conducted at a racetrack located in Madison County during 7 any calendar year beginning on or after January 1, 2002, 8 all moneys derived by that racetrack from simulcast 9 wagering and inter-track wagering that (1) are to be used 10 for purses and (2) are generated between the hours of 11 6:30 p.m. and 6:30 a.m. during that calendar year shall 12 be paid as follows: 13 (A) If the licensee that conducts horse racing 14 at that racetrack requests from the Board at least 15 as many racing dates as were conducted in calendar 16 year 2000, 80% shall be paid to its thoroughbred 17 purse account; and 18 (B) Twenty percent shall be deposited into the 19 Illinois Colt Stakes Purse Distribution Fund and 20 shall be paid to purses for standardbred races for 21 Illinois conceived and foaled horses conducted at 22 any county fairgrounds. The moneys deposited into 23 the Fund pursuant to this subparagraph (B) shall be 24 deposited within 2 weeks after the day they were 25 generated, shall be in addition to and not in lieu 26 of any other moneys paid to standardbred purses 27 under this Act, and shall not be commingled with 28 other moneys paid into that Fund. The moneys 29 deposited pursuant to this subparagraph (B) shall be 30 allocated as provided by the Department of 31 Agriculture, with the advice and assistance of the 32 Illinois Standardbred Breeders Fund Advisory Board. 33 (7.2) Notwithstanding any other provision of this 34 Act to the contrary, if no thoroughbred racing is -10- LRB093 10521 LRD 10775 b 1 conducted at a racetrack located in Madison County during 2 any calendar year beginning on or after January 1, 2002, 3 all moneys derived by that racetrack from simulcast 4 wagering and inter-track wagering that (1) are to be used 5 for purses and (2) are generated between the hours of 6 6:30 a.m. and 6:30 p.m. during that calendar year shall 7 be deposited as follows: 8 (A) If the licensee that conducts horse racing 9 at that racetrack requests from the Board at least 10 as many racing dates as were conducted in calendar 11 year 2000, 80% shall be deposited into its 12 standardbred purse account; and 13 (B) Twenty percent shall be deposited into the 14 Illinois Colt Stakes Purse Distribution Fund. 15 Moneys deposited into the Illinois Colt Stakes Purse 16 Distribution Fund pursuant to this subparagraph (B) 17 shall be paid to Illinois conceived and foaled 18 thoroughbred breeders' programs and to thoroughbred 19 purses for races conducted at any county fairgrounds 20 for Illinois conceived and foaled horses at the 21 discretion of the Department of Agriculture, with 22 the advice and assistance of the Illinois 23 Thoroughbred Breeders Fund Advisory Board. The 24 moneys deposited into the Illinois Colt Stakes Purse 25 Distribution Fund pursuant to this subparagraph (B) 26 shall be deposited within 2 weeks after the day they 27 were generated, shall be in addition to and not in 28 lieu of any other moneys paid to thoroughbred purses 29 under this Act, and shall not be commingled with 30 other moneys deposited into that Fund. 31 (7.3) If no live standardbred racing is conducted 32 at a racetrack located in Madison County in calendar year 33 2000 or 2001, an organization licensee who is licensed to 34 conduct horse racing at that racetrack shall, before -11- LRB093 10521 LRD 10775 b 1 January 1, 2002, pay all moneys derived from simulcast 2 wagering and inter-track wagering in calendar years 2000 3 and 2001 and paid into the licensee's standardbred purse 4 account as follows: 5 (A) Eighty percent to that licensee's 6 thoroughbred purse account to be used for 7 thoroughbred purses; and 8 (B) Twenty percent to the Illinois Colt Stakes 9 Purse Distribution Fund. 10 Failure to make the payment to the Illinois Colt 11 Stakes Purse Distribution Fund before January 1, 2002 12 shall result in the immediate revocation of the 13 licensee's organization license, inter-track wagering 14 license, and inter-track wagering location license. 15 Moneys paid into the Illinois Colt Stakes Purse 16 Distribution Fund pursuant to this paragraph (7.3) shall 17 be paid to purses for standardbred races for Illinois 18 conceived and foaled horses conducted at any county 19 fairgrounds. Moneys paid into the Illinois Colt Stakes 20 Purse Distribution Fund pursuant to this paragraph (7.3) 21 shall be used as determined by the Department of 22 Agriculture, with the advice and assistance of the 23 Illinois Standardbred Breeders Fund Advisory Board, shall 24 be in addition to and not in lieu of any other moneys 25 paid to standardbred purses under this Act, and shall not 26 be commingled with any other moneys paid into that Fund. 27 (7.4) If live standardbred racing is conducted at a 28 racetrack located in Madison County at any time in 29 calendar year 2001 before the payment required under 30 paragraph (7.3) has been made, the organization licensee 31 who is licensed to conduct racing at that racetrack shall 32 pay all moneys derived by that racetrack from simulcast 33 wagering and inter-track wagering during calendar years 34 2000 and 2001 that (1) are to be used for purses and (2) -12- LRB093 10521 LRD 10775 b 1 are generated between the hours of 6:30 p.m. and 6:30 2 a.m. during 2000 or 2001 to the standardbred purse 3 account at that racetrack to be used for standardbred 4 purses. 5 (8) Notwithstanding any provision in this Act to 6 the contrary, an organization licensee from a track 7 located in a county with a population in excess of 8 230,000 and that borders the Mississippi River and its 9 affiliated non-host licensees shall not be entitled to 10 share in any retention generated on racing, inter-track 11 wagering, or simulcast wagering at any other Illinois 12 wagering facility. 13 (8.1) Notwithstanding any provisions in this Act to 14 the contrary, if 2 organization licensees are conducting 15 standardbred race meetings concurrently between the hours 16 of 6:30 p.m. and 6:30 a.m., after payment of all 17 applicable State and local taxes and interstate 18 commission fees, the remainder of the amount retained 19 from simulcast wagering otherwise attributable to the 20 host track and to host track purses shall be split daily 21 between the 2 organization licensees and the purses at 22 the tracks of the 2 organization licensees, respectively, 23 based on each organization licensee's share of the total 24 live handle for that day, provided that this provision 25 shall not apply to any non-host licensee that derives its 26 license from a track located in a county with a 27 population in excess of 230,000 and that borders the 28 Mississippi River. 29 (9) (Blank). 30 (10) (Blank). 31 (11) (Blank). 32 (12) The Board shall have authority to compel all 33 host tracks to receive the simulcast of any or all races 34 conducted at the Springfield or DuQuoin State fairgrounds -13- LRB093 10521 LRD 10775 b 1 and include all such races as part of their simulcast 2 programs. 3 (13) Notwithstanding any other provision of this 4 Act, in the event that the total Illinois pari-mutuel 5 handle on Illinois horse races at all wagering facilities 6 in any calendar year is less than 75% of the total 7 Illinois pari-mutuel handle on Illinois horse races at 8 all such wagering facilities for calendar year 1994, then 9 each wagering facility that has an annual total Illinois 10 pari-mutuel handle on Illinois horse races that is less 11 than 75% of the total Illinois pari-mutuel handle on 12 Illinois horse races at such wagering facility for 13 calendar year 1994, shall be permitted to receive, from 14 any amount otherwise payable to the purse account at the 15 race track with which the wagering facility is affiliated 16 in the succeeding calendar year, an amount equal to 2% of 17 the differential in total Illinois pari-mutuel handle on 18 Illinois horse races at the wagering facility between 19 that calendar year in question and 1994 provided, 20 however, that a wagering facility shall not be entitled 21 to any such payment until the Board certifies in writing 22 to the wagering facility the amount to which the wagering 23 facility is entitled and a schedule for payment of the 24 amount to the wagering facility, based on: (i) the racing 25 dates awarded to the race track affiliated with the 26 wagering facility during the succeeding year; (ii) the 27 sums available or anticipated to be available in the 28 purse account of the race track affiliated with the 29 wagering facility for purses during the succeeding year; 30 and (iii) the need to ensure reasonable purse levels 31 during the payment period. The Board's certification 32 shall be provided no later than January 31 of the 33 succeeding year. In the event a wagering facility 34 entitled to a payment under this paragraph (13) is -14- LRB093 10521 LRD 10775 b 1 affiliated with a race track that maintains purse 2 accounts for both standardbred and thoroughbred racing, 3 the amount to be paid to the wagering facility shall be 4 divided between each purse account pro rata, based on the 5 amount of Illinois handle on Illinois standardbred and 6 thoroughbred racing respectively at the wagering facility 7 during the previous calendar year. Annually, the General 8 Assembly shall appropriate sufficient funds from the 9 General Revenue Fund to the Department of Agriculture for 10 payment into the thoroughbred and standardbred horse 11 racing purse accounts at Illinois pari-mutuel tracks. 12 The amount paid to each purse account shall be the amount 13 certified by the Illinois Racing Board in January to be 14 transferred from each account to each eligible racing 15 facility in accordance with the provisions of this 16 Section. 17 (h) The Board may approve and license the conduct of 18 inter-track wagering and simulcast wagering by inter-track 19 wagering licensees and inter-track wagering location 20 licensees subject to the following terms and conditions: 21 (1) Any person licensed to conduct a race meeting 22 (i) at a track where 60 or more days of racing were 23 conducted during the immediately preceding calendar year 24 or where over the 5 immediately preceding calendar years 25 an average of 30 or more days of racing were conducted 26 annually may be issued an inter-track wagering license; 27 (ii) at a track located in a county that is bounded by 28 the Mississippi River, which has a population of less 29 than 150,000 according to the 1990 decennial census, and 30 an average of at least 60 days of racing per year between 31 1985 and 1993 may be issued an inter-track wagering 32 license; or (iii) at a track located in Madison County 33 that conducted at least 100 days of live racing during 34 the immediately preceding calendar year may be issued an -15- LRB093 10521 LRD 10775 b 1 inter-track wagering license, unless a lesser schedule of 2 live racing is the result of (A) weather, unsafe track 3 conditions, or other acts of God; (B) an agreement 4 between the organization licensee and the associations 5 representing the largest number of owners, trainers, 6 jockeys, or standardbred drivers who race horses at that 7 organization licensee's racing meeting; or (C) a finding 8 by the Board of extraordinary circumstances and that it 9 was in the best interest of the public and the sport to 10 conduct fewer than 100 days of live racing. Any such 11 person having operating control of the racing facility 12 may also receive up to 6 inter-track wagering location 13 licenses. In no event shall more than 6 inter-track 14 wagering locations be established for each eligible race 15 track, except that an eligible race track located in a 16 county that has a population of more than 230,000 and 17 that is bounded by the Mississippi River may establish up 18 to 7 inter-track wagering locations. An application for 19 said license shall be filed with the Board prior to such 20 dates as may be fixed by the Board. With an application 21 for an inter-track wagering location license there shall 22 be delivered to the Board a certified check or bank draft 23 payable to the order of the Board for an amount equal to 24 $500. The application shall be on forms prescribed and 25 furnished by the Board. The application shall comply 26 with all other rules, regulations and conditions imposed 27 by the Board in connection therewith. 28 (2) The Board shall examine the applications with 29 respect to their conformity with this Act and the rules 30 and regulations imposed by the Board. If found to be in 31 compliance with the Act and rules and regulations of the 32 Board, the Board may then issue a license to conduct 33 inter-track wagering and simulcast wagering to such 34 applicant. All such applications shall be acted upon by -16- LRB093 10521 LRD 10775 b 1 the Board at a meeting to be held on such date as may be 2 fixed by the Board. 3 (3) In granting licenses to conduct inter-track 4 wagering and simulcast wagering, the Board shall give due 5 consideration to the best interests of the public, of 6 horse racing, and of maximizing revenue to the State. 7 (4) Prior to the issuance of a license to conduct 8 inter-track wagering and simulcast wagering, the 9 applicant shall file with the Board a bond payable to the 10 State of Illinois in the sum of $50,000, executed by the 11 applicant and a surety company or companies authorized to 12 do business in this State, and conditioned upon (i) the 13 payment by the licensee of all taxes due under Section 27 14 or 27.1 and any other monies due and payable under this 15 Act, and (ii) distribution by the licensee, upon 16 presentation of the winning ticket or tickets, of all 17 sums payable to the patrons of pari-mutuel pools. 18 (5) Each license to conduct inter-track wagering 19 and simulcast wagering shall specify the person to whom 20 it is issued, the dates on which such wagering is 21 permitted, and the track or location where the wagering 22 is to be conducted. 23 (6) All wagering under such license is subject to 24 this Act and to the rules and regulations from time to 25 time prescribed by the Board, and every such license 26 issued by the Board shall contain a recital to that 27 effect. 28 (7) An inter-track wagering licensee or inter-track 29 wagering location licensee may accept wagers at the track 30 or location where it is licensed, or as otherwise 31 provided under this Act. 32 (8) Inter-track wagering or simulcast wagering 33 shall not be conducted at any track less than 5 miles 34 from a track at which a racing meeting is in progress. -17- LRB093 10521 LRD 10775 b 1 (8.1) Inter-track wagering location licensees who 2 derive their licenses from a particular organization 3 licensee shall conduct inter-track wagering and simulcast 4 wagering only at locations which are either within 90 5 miles of that race track where the particular 6 organization licensee is licensed to conduct racing, or 7 within 135 miles of that race track where the particular 8 organization licensee is licensed to conduct racing in 9 the case of race tracks in counties of less than 400,000 10 that were operating on or before June 1, 1986. However, 11 inter-track wagering and simulcast wagering shall not be 12 conducted by those licensees at any location within 5 13 miles of any race track at which a horse race meeting has 14 been licensed in the current year, unless the person 15 having operating control of such race track has given its 16 written consent to such inter-track wagering location 17 licensees, which consent must be filed with the Board at 18 or prior to the time application is made. 19 (8.2) Inter-track wagering or simulcast wagering 20 shall not be conducted by an inter-track wagering 21 location licensee at any location within 500 feet of an 22 existing church or existing school, nor within 500 feet 23 of the residences of more than 50 registered voters 24 without receiving written permission from a majority of 25 the registered voters at such residences. Such written 26 permission statements shall be filed with the Board. The 27 distance of 500 feet shall be measured to the nearest 28 part of any building used for worship services, education 29 programs, residential purposes, or conducting inter-track 30 wagering by an inter-track wagering location licensee, 31 and not to property boundaries. However, inter-track 32 wagering or simulcast wagering may be conducted at a site 33 within 500 feet of a church, school or residences of 50 34 or more registered voters if such church, school or -18- LRB093 10521 LRD 10775 b 1 residences have been erected or established, or such 2 voters have been registered, after the Board issues the 3 original inter-track wagering location license at the 4 site in question. Inter-track wagering location licensees 5 may conduct inter-track wagering and simulcast wagering 6 only in areas that are zoned for commercial or 7 manufacturing purposes or in areas for which a special 8 use has been approved by the local zoning authority. 9 However, no license to conduct inter-track wagering and 10 simulcast wagering shall be granted by the Board with 11 respect to any inter-track wagering location within the 12 jurisdiction of any local zoning authority which has, by 13 ordinance or by resolution, prohibited the establishment 14 of an inter-track wagering location within its 15 jurisdiction. However, inter-track wagering and 16 simulcast wagering may be conducted at a site if such 17 ordinance or resolution is enacted after the Board 18 licenses the original inter-track wagering location 19 licensee for the site in question. 20 (9) (Blank). 21 (10) An inter-track wagering licensee or an 22 inter-track wagering location licensee may retain, 23 subject to the payment of the privilege taxes and the 24 purses, an amount not to exceed 17% of all money wagered. 25 Each program of racing conducted by each inter-track 26 wagering licensee or inter-track wagering location 27 licensee shall be considered a separate racing day for 28 the purpose of determining the daily handle and computing 29 the privilege tax or pari-mutuel tax on such daily handle 30 as provided in Section 27. 31 (10.1) Except as provided in subsection (g) of 32 Section 27 of this Act, inter-track wagering location 33 licensees shall pay 1% of the pari-mutuel handle at each 34 location to the municipality in which such location is -19- LRB093 10521 LRD 10775 b 1 situated and 1% of the pari-mutuel handle at each 2 location to the county in which such location is 3 situated. In the event that an inter-track wagering 4 location licensee is situated in an unincorporated area 5 of a county, such licensee shall pay 2% of the 6 pari-mutuel handle from such location to such county. 7 (10.2) Notwithstanding any other provision of this 8 Act, with respect to intertrack wagering at a race track 9 located in a county that has a population of more than 10 230,000 and that is bounded by the Mississippi River 11 ("the first race track"), or at a facility operated by an 12 inter-track wagering licensee or inter-track wagering 13 location licensee that derives its license from the 14 organization licensee that operates the first race track, 15 on races conducted at the first race track or on races 16 conducted at another Illinois race track and 17 simultaneously televised to the first race track or to a 18 facility operated by an inter-track wagering licensee or 19 inter-track wagering location licensee that derives its 20 license from the organization licensee that operates the 21 first race track, those moneys shall be allocated as 22 follows: 23 (A) That portion of all moneys wagered on 24 standardbred racing that is required under this Act 25 to be paid to purses shall be paid to purses for 26 standardbred races. 27 (B) That portion of all moneys wagered on 28 thoroughbred racing that is required under this Act 29 to be paid to purses shall be paid to purses for 30 thoroughbred races. 31 (11) (A) After payment of the privilege or 32 pari-mutuel tax, any other applicable taxes, and the 33 costs and expenses in connection with the gathering, 34 transmission, and dissemination of all data necessary to -20- LRB093 10521 LRD 10775 b 1 the conduct of inter-track wagering, the remainder of the 2 monies retained under either Section 26 or Section 26.2 3 of this Act by the inter-track wagering licensee on 4 inter-track wagering shall be allocated with 50% to be 5 split between the 2 participating licensees and 50% to 6 purses, except that an intertrack wagering licensee that 7 derives its license from a track located in a county with 8 a population in excess of 230,000 and that borders the 9 Mississippi River shall not divide any remaining 10 retention with the Illinois organization licensee that 11 provides the race or races, and an intertrack wagering 12 licensee that accepts wagers on races conducted by an 13 organization licensee that conducts a race meet in a 14 county with a population in excess of 230,000 and that 15 borders the Mississippi River shall not divide any 16 remaining retention with that organization licensee. 17 (B) From the sums permitted to be retained pursuant 18 to this Act each inter-track wagering location licensee 19 shall pay (i) the privilege or pari-mutuel tax to the 20 State; (ii) 4.75% of the pari-mutuel handle on intertrack 21 wagering at such location on races as purses, except that 22 an intertrack wagering location licensee that derives its 23 license from a track located in a county with a 24 population in excess of 230,000 and that borders the 25 Mississippi River shall retain all purse moneys for its 26 own purse account consistent with distribution set forth 27 in this subsection (h), and intertrack wagering location 28 licensees that accept wagers on races conducted by an 29 organization licensee located in a county with a 30 population in excess of 230,000 and that borders the 31 Mississippi River shall distribute all purse moneys to 32 purses at the operating host track; (iii) until January 33 1, 2000, except as provided in subsection (g) of Section 34 27 of this Act, 1% of the pari-mutuel handle wagered on -21- LRB093 10521 LRD 10775 b 1 inter-track wagering and simulcast wagering at each 2 inter-track wagering location licensee facility to the 3 Horse Racing Tax Allocation Fund, provided that, to the 4 extent the total amount collected and distributed to the 5 Horse Racing Tax Allocation Fund under this subsection 6 (h) during any calendar year exceeds the amount collected 7 and distributed to the Horse Racing Tax Allocation Fund 8 during calendar year 1994, that excess amount shall be 9 redistributed (I) to all inter-track wagering location 10 licensees, based on each licensee's pro-rata share of the 11 total handle from inter-track wagering and simulcast 12 wagering for all inter-track wagering location licensees 13 during the calendar year in which this provision is 14 applicable; then (II) the amounts redistributed to each 15 inter-track wagering location licensee as described in 16 subpart (I) shall be further redistributed as provided in 17 subparagraph (B) of paragraph (5) of subsection (g) of 18 this Section 26 provided first, that the shares of those 19 amounts, which are to be redistributed to the host track 20 or to purses at the host track under subparagraph (B) of 21 paragraph (5) of subsection (g) of this Section 26 shall 22 be redistributed based on each host track's pro rata 23 share of the total inter-track wagering and simulcast 24 wagering handle at all host tracks during the calendar 25 year in question, and second, that any amounts 26 redistributed as described in part (I) to an inter-track 27 wagering location licensee that accepts wagers on races 28 conducted by an organization licensee that conducts a 29 race meet in a county with a population in excess of 30 230,000 and that borders the Mississippi River shall be 31 further redistributed as provided in subparagraphs (D) 32 and (E) of paragraph (7) of subsection (g) of this 33 Section 26, with the portion of that further 34 redistribution allocated to purses at that organization -22- LRB093 10521 LRD 10775 b 1 licensee to be divided between standardbred purses and 2 thoroughbred purses based on the amounts otherwise 3 allocated to purses at that organization licensee during 4 the calendar year in question; and (iv) 8% of the 5 pari-mutuel handle on inter-track wagering wagered at 6 such location to satisfy all costs and expenses of 7 conducting its wagering. The remainder of the monies 8 retained by the inter-track wagering location licensee 9 shall be allocated 40% to the location licensee and 60% 10 to the organization licensee which provides the Illinois 11 races to the location, except that an intertrack wagering 12 location licensee that derives its license from a track 13 located in a county with a population in excess of 14 230,000 and that borders the Mississippi River shall not 15 divide any remaining retention with the organization 16 licensee that provides the race or races and an 17 intertrack wagering location licensee that accepts wagers 18 on races conducted by an organization licensee that 19 conducts a race meet in a county with a population in 20 excess of 230,000 and that borders the Mississippi River 21 shall not divide any remaining retention with the 22 organization licensee. Notwithstanding the provisions of 23 clauses (ii) and (iv) of this paragraph, in the case of 24 the additional inter-track wagering location licenses 25 authorized under paragraph (1) of this subsection (h) by 26 this amendatory Act of 1991, those licensees shall pay 27 the following amounts as purses: during the first 12 28 months the licensee is in operation, 5.25% of the 29 pari-mutuel handle wagered at the location on races; 30 during the second 12 months, 5.25%; during the third 12 31 months, 5.75%; during the fourth 12 months, 6.25%; and 32 during the fifth 12 months and thereafter, 6.75%. The 33 following amounts shall be retained by the licensee to 34 satisfy all costs and expenses of conducting its -23- LRB093 10521 LRD 10775 b 1 wagering: during the first 12 months the licensee is in 2 operation, 8.25% of the pari-mutuel handle wagered at the 3 location; during the second 12 months, 8.25%; during the 4 third 12 months, 7.75%; during the fourth 12 months, 5 7.25%; and during the fifth 12 months and thereafter, 6 6.75%. For additional intertrack wagering location 7 licensees authorized under this amendatory Act of 1995, 8 purses for the first 12 months the licensee is in 9 operation shall be 5.75% of the pari-mutuel wagered at 10 the location, purses for the second 12 months the 11 licensee is in operation shall be 6.25%, and purses 12 thereafter shall be 6.75%. For additional intertrack 13 location licensees authorized under this amendatory Act 14 of 1995, the licensee shall be allowed to retain to 15 satisfy all costs and expenses: 7.75% of the pari-mutuel 16 handle wagered at the location during its first 12 months 17 of operation, 7.25% during its second 12 months of 18 operation, and 6.75% thereafter. 19 (C) There is hereby created the Horse Racing Tax 20 Allocation Fund which shall remain in existence until 21 December 31, 1999. Moneys remaining in the Fund after 22 December 31, 1999 shall be paid into the General Revenue 23 Fund. Until January 1, 2000, all monies paid into the 24 Horse Racing Tax Allocation Fund pursuant to this 25 paragraph (11) by inter-track wagering location licensees 26 located in park districts of 500,000 population or less, 27 or in a municipality that is not included within any park 28 district but is included within a conservation district 29 and is the county seat of a county that (i) is contiguous 30 to the state of Indiana and (ii) has a 1990 population of 31 88,257 according to the United States Bureau of the 32 Census, and operating on May 1, 1994 shall be allocated 33 by appropriation as follows: 34 Two-sevenths to the Department of Agriculture. -24- LRB093 10521 LRD 10775 b 1 Fifty percent of this two-sevenths shall be used to 2 promote the Illinois horse racing and breeding 3 industry, and shall be distributed by the Department 4 of Agriculture upon the advice of a 9-member 5 committee appointed by the Governor consisting of 6 the following members: the Director of Agriculture, 7 who shall serve as chairman; 2 representatives of 8 organization licensees conducting thoroughbred race 9 meetings in this State, recommended by those 10 licensees; 2 representatives of organization 11 licensees conducting standardbred race meetings in 12 this State, recommended by those licensees; a 13 representative of the Illinois Thoroughbred Breeders 14 and Owners Foundation, recommended by that 15 Foundation; a representative of the Illinois 16 Standardbred Owners and Breeders Association, 17 recommended by that Association; a representative of 18 the Horsemen's Benevolent and Protective Association 19 or any successor organization thereto established in 20 Illinois comprised of the largest number of owners 21 and trainers, recommended by that Association or 22 that successor organization; and a representative of 23 the Illinois Harness Horsemen's Association, 24 recommended by that Association. Committee members 25 shall serve for terms of 2 years, commencing January 26 1 of each even-numbered year. If a representative 27 of any of the above-named entities has not been 28 recommended by January 1 of any even-numbered year, 29 the Governor shall appoint a committee member to 30 fill that position. Committee members shall receive 31 no compensation for their services as members but 32 shall be reimbursed for all actual and necessary 33 expenses and disbursements incurred in the 34 performance of their official duties. The remaining -25- LRB093 10521 LRD 10775 b 1 50% of this two-sevenths shall be distributed to 2 county fairs for premiums and rehabilitation as set 3 forth in the Agricultural Fair Act; 4 Four-sevenths to park districts or 5 municipalities that do not have a park district of 6 500,000 population or less for museum purposes (if 7 an inter-track wagering location licensee is located 8 in such a park district) or to conservation 9 districts for museum purposes (if an inter-track 10 wagering location licensee is located in a 11 municipality that is not included within any park 12 district but is included within a conservation 13 district and is the county seat of a county that (i) 14 is contiguous to the state of Indiana and (ii) has a 15 1990 population of 88,257 according to the United 16 States Bureau of the Census, except that if the 17 conservation district does not maintain a museum, 18 the monies shall be allocated equally between the 19 county and the municipality in which the inter-track 20 wagering location licensee is located for general 21 purposes) or to a municipal recreation board for 22 park purposes (if an inter-track wagering location 23 licensee is located in a municipality that is not 24 included within any park district and park 25 maintenance is the function of the municipal 26 recreation board and the municipality has a 1990 27 population of 9,302 according to the United States 28 Bureau of the Census); provided that the monies are 29 distributed to each park district or conservation 30 district or municipality that does not have a park 31 district in an amount equal to four-sevenths of the 32 amount collected by each inter-track wagering 33 location licensee within the park district or 34 conservation district or municipality for the Fund. -26- LRB093 10521 LRD 10775 b 1 Monies that were paid into the Horse Racing Tax 2 Allocation Fund before the effective date of this 3 amendatory Act of 1991 by an inter-track wagering 4 location licensee located in a municipality that is 5 not included within any park district but is 6 included within a conservation district as provided 7 in this paragraph shall, as soon as practicable 8 after the effective date of this amendatory Act of 9 1991, be allocated and paid to that conservation 10 district as provided in this paragraph. Any park 11 district or municipality not maintaining a museum 12 may deposit the monies in the corporate fund of the 13 park district or municipality where the inter-track 14 wagering location is located, to be used for general 15 purposes; and 16 One-seventh to the Agricultural Premium Fund to 17 be used for distribution to agricultural home 18 economics extension councils in accordance with "An 19 Act in relation to additional support and finances 20 for the Agricultural and Home Economic Extension 21 Councils in the several counties of this State and 22 making an appropriation therefor", approved July 24, 23 1967. 24 Until January 1, 2000, all other monies paid into 25 the Horse Racing Tax Allocation Fund pursuant to this 26 paragraph (11) shall be allocated by appropriation as 27 follows: 28 Two-sevenths to the Department of Agriculture. 29 Fifty percent of this two-sevenths shall be used to 30 promote the Illinois horse racing and breeding 31 industry, and shall be distributed by the Department 32 of Agriculture upon the advice of a 9-member 33 committee appointed by the Governor consisting of 34 the following members: the Director of Agriculture, -27- LRB093 10521 LRD 10775 b 1 who shall serve as chairman; 2 representatives of 2 organization licensees conducting thoroughbred race 3 meetings in this State, recommended by those 4 licensees; 2 representatives of organization 5 licensees conducting standardbred race meetings in 6 this State, recommended by those licensees; a 7 representative of the Illinois Thoroughbred Breeders 8 and Owners Foundation, recommended by that 9 Foundation; a representative of the Illinois 10 Standardbred Owners and Breeders Association, 11 recommended by that Association; a representative of 12 the Horsemen's Benevolent and Protective Association 13 or any successor organization thereto established in 14 Illinois comprised of the largest number of owners 15 and trainers, recommended by that Association or 16 that successor organization; and a representative of 17 the Illinois Harness Horsemen's Association, 18 recommended by that Association. Committee members 19 shall serve for terms of 2 years, commencing January 20 1 of each even-numbered year. If a representative 21 of any of the above-named entities has not been 22 recommended by January 1 of any even-numbered year, 23 the Governor shall appoint a committee member to 24 fill that position. Committee members shall receive 25 no compensation for their services as members but 26 shall be reimbursed for all actual and necessary 27 expenses and disbursements incurred in the 28 performance of their official duties. The remaining 29 50% of this two-sevenths shall be distributed to 30 county fairs for premiums and rehabilitation as set 31 forth in the Agricultural Fair Act; 32 Four-sevenths to museums and aquariums located 33 in park districts of over 500,000 population; 34 provided that the monies are distributed in -28- LRB093 10521 LRD 10775 b 1 accordance with the previous year's distribution of 2 the maintenance tax for such museums and aquariums 3 as provided in Section 2 of the Park District 4 Aquarium and Museum Act; and 5 One-seventh to the Agricultural Premium Fund to 6 be used for distribution to agricultural home 7 economics extension councils in accordance with "An 8 Act in relation to additional support and finances 9 for the Agricultural and Home Economic Extension 10 Councils in the several counties of this State and 11 making an appropriation therefor", approved July 24, 12 1967. This subparagraph (C) shall be inoperative and 13 of no force and effect on and after January 1, 2000. 14 (D) Except as provided in paragraph (11) of 15 this subsection (h), with respect to purse 16 allocation from intertrack wagering, the monies so 17 retained shall be divided as follows: 18 (i) If the inter-track wagering licensee, 19 except an intertrack wagering licensee that 20 derives its license from an organization 21 licensee located in a county with a population 22 in excess of 230,000 and bounded by the 23 Mississippi River, is not conducting its own 24 race meeting during the same dates, then the 25 entire purse allocation shall be to purses at 26 the track where the races wagered on are being 27 conducted. 28 (ii) If the inter-track wagering 29 licensee, except an intertrack wagering 30 licensee that derives its license from an 31 organization licensee located in a county with 32 a population in excess of 230,000 and bounded 33 by the Mississippi River, is also conducting 34 its own race meeting during the same dates, -29- LRB093 10521 LRD 10775 b 1 then the purse allocation shall be as follows: 2 50% to purses at the track where the races 3 wagered on are being conducted; 50% to purses 4 at the track where the inter-track wagering 5 licensee is accepting such wagers. 6 (iii) If the inter-track wagering is 7 being conducted by an inter-track wagering 8 location licensee, except an intertrack 9 wagering location licensee that derives its 10 license from an organization licensee located 11 in a county with a population in excess of 12 230,000 and bounded by the Mississippi River, 13 the entire purse allocation for Illinois races 14 shall be to purses at the track where the race 15 meeting being wagered on is being held. 16 (12) The Board shall have all powers necessary and 17 proper to fully supervise and control the conduct of 18 inter-track wagering and simulcast wagering by 19 inter-track wagering licensees and inter-track wagering 20 location licensees, including, but not limited to the 21 following: 22 (A) The Board is vested with power to 23 promulgate reasonable rules and regulations for the 24 purpose of administering the conduct of this 25 wagering and to prescribe reasonable rules, 26 regulations and conditions under which such wagering 27 shall be held and conducted. Such rules and 28 regulations are to provide for the prevention of 29 practices detrimental to the public interest and for 30 the best interests of said wagering and to impose 31 penalties for violations thereof. 32 (B) The Board, and any person or persons to 33 whom it delegates this power, is vested with the 34 power to enter the facilities of any licensee to -30- LRB093 10521 LRD 10775 b 1 determine whether there has been compliance with the 2 provisions of this Act and the rules and regulations 3 relating to the conduct of such wagering. 4 (C) The Board, and any person or persons to 5 whom it delegates this power, may eject or exclude 6 from any licensee's facilities, any person whose 7 conduct or reputation is such that his presence on 8 such premises may, in the opinion of the Board, call 9 into the question the honesty and integrity of, or 10 interfere with the orderly conduct of such wagering; 11 provided, however, that no person shall be excluded 12 or ejected from such premises solely on the grounds 13 of race, color, creed, national origin, ancestry, or 14 sex. 15 (D) (Blank). 16 (E) The Board is vested with the power to 17 appoint delegates to execute any of the powers 18 granted to it under this Section for the purpose of 19 administering this wagering and any rules and 20 regulations promulgated in accordance with this Act. 21 (F) The Board shall name and appoint a State 22 director of this wagering who shall be a 23 representative of the Board and whose duty it shall 24 be to supervise the conduct of inter-track wagering 25 as may be provided for by the rules and regulations 26 of the Board; such rules and regulation shall 27 specify the method of appointment and the Director's 28 powers, authority and duties. 29 (G) The Board is vested with the power to 30 impose civil penalties of up to $5,000 against 31 individuals and up to $10,000 against licensees for 32 each violation of any provision of this Act relating 33 to the conduct of this wagering, any rules adopted 34 by the Board, any order of the Board or any other -31- LRB093 10521 LRD 10775 b 1 action which in the Board's discretion, is a 2 detriment or impediment to such wagering. 3 (13) The Department of Agriculture may enter into 4 agreements with licensees authorizing such licensees to 5 conduct inter-track wagering on races to be held at the 6 licensed race meetings conducted by the Department of 7 Agriculture. Such agreement shall specify the races of 8 the Department of Agriculture's licensed race meeting 9 upon which the licensees will conduct wagering. In the 10 event that a licensee conducts inter-track pari-mutuel 11 wagering on races from the Illinois State Fair or DuQuoin 12 State Fair which are in addition to the licensee's 13 previously approved racing program, those races shall be 14 considered a separate racing day for the purpose of 15 determining the daily handle and computing the privilege 16 or pari-mutuel tax on that daily handle as provided in 17 Sections 27 and 27.1. Such agreements shall be approved 18 by the Board before such wagering may be conducted. In 19 determining whether to grant approval, the Board shall 20 give due consideration to the best interests of the 21 public and of horse racing. The provisions of paragraphs 22 (1), (8), (8.1), and (8.2) of subsection (h) of this 23 Section which are not specified in this paragraph (13) 24 shall not apply to licensed race meetings conducted by 25 the Department of Agriculture at the Illinois State Fair 26 in Sangamon County or the DuQuoin State Fair in Perry 27 County, or to any wagering conducted on those race 28 meetings. 29 (i) Notwithstanding the other provisions of this Act, 30 the conduct of wagering at wagering facilities is authorized 31 on all days, except as limited by subsection (b) of Section 32 19 of this Act. 33 (Source: P.A. 91-40, eff. 6-25-99; 92-211, eff. 8-2-01.) -32- LRB093 10521 LRD 10775 b 1 (230 ILCS 5/34.2 new) 2 Sec. 34.2. Limitation on automated teller machines, cash 3 loans, and post-dated checks. 4 (a) An organization licensee shall not engage in or 5 authorize any of the following at its race track or on the 6 grounds of any of its inter-track wagering facilities: 7 (1) the loaning of cash to any person; or 8 (2) the accepting of a post-dated check. 9 (b) The prohibition in paragraph (1) of subsection (a) 10 against loaning cash shall not prohibit an organization 11 licensee from authorizing a person to establish a line of 12 credit with the organization licensee. 13 (c) A violation of this Section is a Class C 14 misdemeanor. 15 Section 15. The Riverboat Gambling Act is amended by 16 changing Sections 11 and 18 and adding Section 13.2 as 17 follows: 18 (230 ILCS 10/11) (from Ch. 120, par. 2411) 19 Sec. 11. Conduct of gambling. Gambling may be conducted 20 by licensed owners aboard riverboats, subject to the 21 following standards: 22 (1) A licensee may conduct riverboat gambling 23 authorized under this Act regardless of whether it 24 conducts excursion cruises. A licensee may permit the 25 continuous ingress and egress of passengers for the 26 purpose of gambling. 27 (1.1) A license may not conduct gambling between 28 the hours of 3:00 A.M. and 5:00 A.M. 29 (2) (Blank). 30 (3) Minimum and maximum wagers on games shall be 31 set by the licensee. 32 (4) Agents of the Board and the Department of State -33- LRB093 10521 LRD 10775 b 1 Police may board and inspect any riverboat at any time 2 for the purpose of determining whether this Act is being 3 complied with. Every riverboat, if under way and being 4 hailed by a law enforcement officer or agent of the 5 Board, must stop immediately and lay to. 6 (5) Employees of the Board shall have the right to 7 be present on the riverboat or on adjacent facilities 8 under the control of the licensee. 9 (6) Gambling equipment and supplies customarily 10 used in conducting riverboat gambling must be purchased 11 or leased only from suppliers licensed for such purpose 12 under this Act. 13 (7) Persons licensed under this Act shall permit no 14 form of wagering on gambling games except as permitted by 15 this Act. 16 (8) Wagers may be received only from a person 17 present on a licensed riverboat. No person present on a 18 licensed riverboat shall place or attempt to place a 19 wager on behalf of another person who is not present on 20 the riverboat. 21 (9) Wagering shall not be conducted with money or 22 other negotiable currency. 23 (10) A person under age 21 shall not be permitted 24 on an area of a riverboat where gambling is being 25 conducted, except for a person at least 18 years of age 26 who is an employee of the riverboat gambling operation. 27 No employee under age 21 shall perform any function 28 involved in gambling by the patrons. No person under age 29 21 shall be permitted to make a wager under this Act. 30 (11) Gambling excursion cruises are permitted only 31 when the waterway for which the riverboat is licensed is 32 navigable, as determined by the Board in consultation 33 with the U.S. Army Corps of Engineers. This paragraph 34 (11) does not limit the ability of a licensee to conduct -34- LRB093 10521 LRD 10775 b 1 gambling authorized under this Act when gambling 2 excursion cruises are not permitted. 3 (12) All tokens, chips or electronic cards used to 4 make wagers must be purchased from a licensed owner 5 either aboard a riverboat or at an onshore facility which 6 has been approved by the Board and which is located where 7 the riverboat docks. The tokens, chips or electronic 8 cards may be purchased by means of an agreement under 9 which the owner extends credit to the patron. Such 10 tokens, chips or electronic cards may be used while 11 aboard the riverboat only for the purpose of making 12 wagers on gambling games. 13 (13) Notwithstanding any other Section of this Act, 14 in addition to the other licenses authorized under this 15 Act, the Board may issue special event licenses allowing 16 persons who are not otherwise licensed to conduct 17 riverboat gambling to conduct such gambling on a 18 specified date or series of dates. Riverboat gambling 19 under such a license may take place on a riverboat not 20 normally used for riverboat gambling. The Board shall 21 establish standards, fees and fines for, and limitations 22 upon, such licenses, which may differ from the standards, 23 fees, fines and limitations otherwise applicable under 24 this Act. All such fees shall be deposited into the 25 State Gaming Fund. All such fines shall be deposited 26 into the Education Assistance Fund, created by Public Act 27 86-0018, of the State of Illinois. 28 (14) In addition to the above, gambling must be 29 conducted in accordance with all rules adopted by the 30 Board. 31 (Source: P.A. 91-40, eff. 6-25-99.) 32 (230 ILCS 10/13.2 new) 33 Sec. 13.2. Limitation on automated teller machines, cash -35- LRB093 10521 LRD 10775 b 1 loans, and post-dated checks. 2 (a) An owners licensee shall not engage in or authorize 3 any of the following on board its riverboat or on its dock: 4 (1) the loaning of cash to any person; or 5 (2) the accepting of a post-dated check. 6 (b) The prohibition in paragraph (1) of subsection (a) 7 against loaning cash shall not prohibit an owners licensee 8 from authorizing a person to establish a line of credit with 9 the owners licensee. 10 (230 ILCS 10/18) (from Ch. 120, par. 2418) 11 Sec. 18. Prohibited Activities - Penalty. 12 (a) A person is guilty of a Class A misdemeanor for 13 doing any of the following: 14 (1) Conducting gambling where wagering is used or 15 to be used without a license issued by the Board. 16 (2) Conducting gambling where wagering is permitted 17 other than in the manner specified by Section 11. 18 (b) A person is guilty of a Class B misdemeanor for 19 doing any of the following: 20 (1) permitting a person under 21 years to make a 21 wager; or 22 (2) violating paragraph (12) of subsection (a) of 23 Section 11 of this Act. 24 (b-1) A person is guilty of a Class C misdemeanor for 25 violating Section 13.2 of this Act. 26 (c) A person wagering or accepting a wager at any 27 location outside the riverboat is subject to the penalties in 28 paragraphs (1) or (2) of subsection (a) of Section 28-1 of 29 the Criminal Code of 1961. 30 (d) A person commits a Class 4 felony and, in addition, 31 shall be barred for life from riverboats under the 32 jurisdiction of the Board, if the person does any of the 33 following: -36- LRB093 10521 LRD 10775 b 1 (1) Offers, promises, or gives anything of value or 2 benefit to a person who is connected with a riverboat 3 owner including, but not limited to, an officer or 4 employee of a licensed owner or holder of an occupational 5 license pursuant to an agreement or arrangement or with 6 the intent that the promise or thing of value or benefit 7 will influence the actions of the person to whom the 8 offer, promise, or gift was made in order to affect or 9 attempt to affect the outcome of a gambling game, or to 10 influence official action of a member of the Board. 11 (2) Solicits or knowingly accepts or receives a 12 promise of anything of value or benefit while the person 13 is connected with a riverboat including, but not limited 14 to, an officer or employee of a licensed owner, or holder 15 of an occupational license, pursuant to an understanding 16 or arrangement or with the intent that the promise or 17 thing of value or benefit will influence the actions of 18 the person to affect or attempt to affect the outcome of 19 a gambling game, or to influence official action of a 20 member of the Board. 21 (3) Uses or possesses with the intent to use a 22 device to assist: 23 (i) In projecting the outcome of the game. 24 (ii) In keeping track of the cards played. 25 (iii) In analyzing the probability of the 26 occurrence of an event relating to the gambling 27 game. 28 (iv) In analyzing the strategy for playing or 29 betting to be used in the game except as permitted 30 by the Board. 31 (4) Cheats at a gambling game. 32 (5) Manufactures, sells, or distributes any cards, 33 chips, dice, game or device which is intended to be used 34 to violate any provision of this Act. -37- LRB093 10521 LRD 10775 b 1 (6) Alters or misrepresents the outcome of a 2 gambling game on which wagers have been made after the 3 outcome is made sure but before it is revealed to the 4 players. 5 (7) Places a bet after acquiring knowledge, not 6 available to all players, of the outcome of the gambling 7 game which is subject of the bet or to aid a person in 8 acquiring the knowledge for the purpose of placing a bet 9 contingent on that outcome. 10 (8) Claims, collects, or takes, or attempts to 11 claim, collect, or take, money or anything of value in or 12 from the gambling games, with intent to defraud, without 13 having made a wager contingent on winning a gambling 14 game, or claims, collects, or takes an amount of money or 15 thing of value of greater value than the amount won. 16 (9) Uses counterfeit chips or tokens in a gambling 17 game. 18 (10) Possesses any key or device designed for the 19 purpose of opening, entering, or affecting the operation 20 of a gambling game, drop box, or an electronic or 21 mechanical device connected with the gambling game or for 22 removing coins, tokens, chips or other contents of a 23 gambling game. This paragraph (10) does not apply to a 24 gambling licensee or employee of a gambling licensee 25 acting in furtherance of the employee's employment. 26 (e) The possession of more than one of the devices 27 described in subsection (d), paragraphs (3), (5) or (10) 28 permits a rebuttable presumption that the possessor intended 29 to use the devices for cheating. 30 An action to prosecute any crime occurring on a riverboat 31 shall be tried in the county of the dock at which the 32 riverboat is based. 33 (Source: P.A. 91-40, eff. 6-25-99.) -38- LRB093 10521 LRD 10775 b 1 Section 99. Effective date. This Act takes effect upon 2 becoming law.