093_HB0146ham003











                                     LRB093 02207 LRD 16839 a

 1                     AMENDMENT TO HOUSE BILL 146

 2        AMENDMENT NO.     .  Amend House Bill  146,  AS  AMENDED,
 3    with  reference  to  page and line numbers of House Amendment
 4    No. 1, on page 8, line 7, by deleting "3.11,"; and

 5    on page 8, line 8, after "31," by inserting "31.1,"; and

 6    on page 9, by deleting lines 1 through 7; and

 7    on page 17,  by  replacing  lines  12  through  19  with  the
 8    following:
 9        "(e-3)  Upon  request,  the Board shall award at least 50
10    standardbred racing dates to the organization  licensee  that
11    conducts  pari-mutuel  wagering  at a race track located in a
12    county with a population in  excess  of  230,000  inhabitants
13    that  borders  on  the  Mississippi  River.  Any racing dates
14    awarded under this subsection (e-3) that are in excess of the
15    number awarded to that organization licensee in calendar year
16    2003 shall be in addition to those racing dates awarded under
17    subsection (e-2)."; and

18    page 76, below line 13, by inserting the following:

19        "(230 ILCS 5/31.1) (from Ch. 8, par. 37-31.1)
20        Sec. 31.1.  (a) Except as  provided  in  subsection  (c),
21    organization licensees collectively shall contribute annually
 
                            -2-      LRB093 02207 LRD 16839 a
 1    to  charity  the  sum of $750,000 to non-profit organizations
 2    that provide medical  and  family,  counseling,  and  similar
 3    services  to persons who reside or work on the backstretch of
 4    Illinois racetracks. These contributions shall  be  collected
 5    as  follows:   (i)  no  later  than July 1st of each year the
 6    Board shall assess each organization licensee,  except  those
 7    tracks  which  are  not  within 100 miles of each other which
 8    tracks shall pay  $30,000  annually  apiece  into  the  Board
 9    charity fund, that amount which equals $690,000 multiplied by
10    the   amount   of   pari-mutuel   wagering   handled  by  the
11    organization licensee in the year  preceding  assessment  and
12    divided  by  the  total  pari-mutuel  wagering handled by all
13    Illinois organization licensees, except  those  tracks  which
14    are not within 100 miles of each other, in the year preceding
15    assessment; (ii) notice of the assessed contribution shall be
16    mailed  to  each  organization  licensee; (iii) within thirty
17    days  of  its  receipt  of  such  notice,  each  organization
18    licensee shall remit the assessed contribution to the  Board.
19    If  an  organization  licensee wilfully fails to so remit the
20    contribution, the Board may revoke  its  license  to  conduct
21    horse racing.
22        (b)  No   later  than  October  1st  of  each  year,  any
23    qualified charitable organization  seeking  an  allotment  of
24    contributed  funds  shall  submit to the Board an application
25    for those funds, using the Board's approved  form.  No  later
26    than  December  31st of each year, the Board shall distribute
27    all such amounts  collected  that  year  to  such  charitable
28    organization applicants.
29        (c)  Upon  the  commencement  of  electronic gaming by an
30    electronic gaming licensee, the Board shall  not  assess  any
31    organization  licensee  at  a  race track at which electronic
32    gaming has commenced any sum as provided in  subsection  (a),
33    but  the  Board  shall  assess  an organization licensee that
34    conducted live racing in the previous year at a race track at
 
                            -3-      LRB093 02207 LRD 16839 a
 1    which electronic gaming is  not  conducted  at  its  previous
 2    year's assessment.
 3    (Source: P.A. 87-110.)"; and

 4    on  page  79, lines 13 and 14, by replacing "and powers" with
 5    "powers, and obligations"; and

 6    on page  79,  line  17,  by  inserting  the  following  after
 7    "consolidation":
 8    "provided,  that  nothing  in this Section shall be deemed to
 9    create in the consolidated organization licensee  any  rights
10    superior  to  those of a non-consolidated licensee, except as
11    specifically provided in this Section."; and

12    on page  79,  line  20,  by  inserting  the  following  after
13    "licensees.":
14    "This  Section  shall  apply  to  any consolidation occurring
15    after January 1, 2002."; and

16    on  page  81,  line  7,  by  inserting  the  following  after
17    "track.":
18    "Only one organization licensee per race track may be awarded
19    an electronic gaming license."; and

20    on page 82,  by  replacing  lines  20  through  24  with  the
21    following:
22    "The  payments  required  under  this subsection (c) shall be
23    paid by electronic gaming licensees, pro rata, based  on  the
24    total  amount  wagered  at  each  of  those electronic gaming
25    licensees' electronic gaming facilities in the previous month
26    upon the commencement  of  electronic  gaming  at  each  race
27    track. Prior to the commencement of electronic gaming at each
28    race  track,  the payments required under this subsection (c)
29    shall be paid by electronic gaming licensees, pro rata, based
30    upon the total amount of per position fees authorized  to  be
31    imposed  on  all  electronic  gaming  licensees  pursuant  to
32    subsection  (c)  of Section 7.4 of the Riverboat Gambling Act
 
                            -4-      LRB093 02207 LRD 16839 a
 1    compared to the total amount of per position fees  authorized
 2    to   be   imposed   on   each   electronic   gaming  licensee
 3    individually."; and

 4    on page 105, line 13 by replacing "Fairmount Race  Track  and
 5    Balmoral Race Track" with the following:
 6    "an  organization licensee that conducts pari-mutuel wagering
 7    at a race track located in a  county  with  a  population  in
 8    excess of 230,000 inhabitants that borders on the Mississippi
 9    River  and an organization licensee which is not located in a
10    county with a population in  excess  of  230,000  inhabitants
11    that  borders  on  the  Mississippi  River  and  which is not
12    located in Cook County"; and

13    on page 105, lines 14 and 15, by changing "when it receives a
14    finding of preliminary suitability from  the  Board"  to  the
15    following:
16    "upon   the   commencement   of  electronic  gaming  by  that
17    licensee"; and

18    on page 105, lines 16 and 17, by  replacing  "Fairmount  Race
19    Track and Balmoral Race Track" with the following:
20    "an  organization licensee that conducts pari-mutuel wagering
21    at a race track located in a  county  with  a  population  in
22    excess of 230,000 inhabitants that borders on the Mississippi
23    River  and an organization licensee which is not located in a
24    county with a population in  excess  of  230,000  inhabitants
25    that  borders  on  the  Mississippi  River  and  which is not
26    located in Cook County"; and

27    by replacing lines 27 through 34 on  page  106  and  lines  1
28    through 8 on page 107 with the following:
29             "(1)  An  organization  licensee that had an average
30        daily amount of wagers placed into mutual pools for races
31        conducted at that licensee's racetrack in  calendar  year
32        2002 of more than $3,000,000 may admit up to 1,150 gaming
 
                            -5-      LRB093 02207 LRD 16839 a
 1        participants at a time.
 2             (2)  An  organization  licensee  that had an average
 3        daily amount of wagers placed into mutual pools for races
 4        conducted at that licensee's racetrack in  calendar  year
 5        2002  of more than $2,000,000 but no more than $3,000,000
 6        may admit up to 1,000 gaming participants at a time.
 7             (3)  An organization licensee that  had  an  average
 8        daily amount of wagers placed into mutual pools for races
 9        conducted  at  that licensee's racetrack in calendar year
10        2002 of $2,000,000 or less may admit  up  to  850  gaming
11        participants at a time.
12             (4)  An organization licensee conducting pari-mutuel
13        wagering  at  a  racetrack  located  in  a  county with a
14        population in excess of 230,000 inhabitants that  borders
15        on  the  Mississippi  River  may  admit  up to 450 gaming
16        participants at a time.
17             (5)  An organization  licensee  located  at  a  race
18        track  outside of Cook County, other than an organization
19        licensee described in paragraph (4), may admit up to  300
20        gaming participants at a time."; and

21    on page 108, by deleting lines 2 through 7; and

22    on  page  119,  line  6, by replacing "gambling" with "gaming
23    minus an amount equal to the amount of the payments  required
24    by  subsections (b) and (c) of Section 56 of the Horse Racing
25    Act of 1975 from the total  annual  adjusted  gross  receipts
26    received by the electronic gaming licensee".