Full Text of HB3334 101st General Assembly
HB3334ham001 101ST GENERAL ASSEMBLY | Rep. Robert Rita Filed: 4/4/2019
| | 10100HB3334ham001 | | LRB101 05697 SMS 58525 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 3334
| 2 | | AMENDMENT NO. ______. Amend House Bill 3334 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Horse Racing Act of 1975 is | 5 | | amended by changing Section 26 as follows:
| 6 | | (230 ILCS 5/26) (from Ch. 8, par. 37-26)
| 7 | | Sec. 26. Wagering.
| 8 | | (a) Any licensee may conduct and supervise the pari-mutuel | 9 | | system of
wagering, as defined in Section 3.12 of this Act, on | 10 | | horse races conducted by
an Illinois organization
licensee or | 11 | | conducted at a racetrack located in another state or country | 12 | | and
televised in Illinois in accordance with subsection (g) of | 13 | | Section 26 of this
Act. Subject to the prior consent of the | 14 | | Board, licensees may supplement any
pari-mutuel pool in order | 15 | | to guarantee a minimum distribution. Such
pari-mutuel method of | 16 | | wagering shall not,
under any circumstances if conducted under |
| | | 10100HB3334ham001 | - 2 - | LRB101 05697 SMS 58525 a |
|
| 1 | | the provisions of this Act,
be held or construed to be | 2 | | unlawful, other statutes of this State to the
contrary | 3 | | notwithstanding.
Subject to rules for advance wagering | 4 | | promulgated by the Board, any
licensee
may accept wagers in | 5 | | advance of the day of
the race wagered upon occurs.
| 6 | | (b) No other method of betting, pool making, wagering or
| 7 | | gambling shall be used or permitted by the licensee. Each | 8 | | licensee
may retain, subject to the payment of all applicable
| 9 | | taxes and purses, an amount not to exceed 17% of all money | 10 | | wagered
under subsection (a) of this Section, except as may | 11 | | otherwise be permitted
under this Act.
| 12 | | (b-5) An individual may place a wager under the pari-mutuel | 13 | | system from
any licensed location authorized under this Act | 14 | | provided that wager is
electronically recorded in the manner | 15 | | described in Section 3.12 of this Act.
Any wager made | 16 | | electronically by an individual while physically on the | 17 | | premises
of a licensee shall be deemed to have been made at the | 18 | | premises of that
licensee.
| 19 | | (c) Until January 1, 2000, the sum held by any licensee for | 20 | | payment of
outstanding pari-mutuel tickets, if unclaimed prior | 21 | | to December 31 of the
next year, shall be retained by the | 22 | | licensee for payment of
such tickets until that date. Within 10 | 23 | | days thereafter, the balance of
such sum remaining unclaimed, | 24 | | less any uncashed supplements contributed by such
licensee for | 25 | | the purpose of guaranteeing minimum distributions
of any | 26 | | pari-mutuel pool, shall be
paid to the
Illinois
Veterans'
|
| | | 10100HB3334ham001 | - 3 - | LRB101 05697 SMS 58525 a |
|
| 1 | | Rehabilitation Fund of the State treasury, except as provided | 2 | | in subsection
(g) of Section 27 of this Act.
| 3 | | (c-5) Beginning January 1, 2000, the sum held by any | 4 | | licensee for payment
of
outstanding pari-mutuel tickets, if | 5 | | unclaimed prior to December 31 of the
next year, shall be | 6 | | retained by the licensee for payment of
such tickets until that | 7 | | date. Within 10 days thereafter, the balance of
such sum | 8 | | remaining unclaimed, less any uncashed supplements contributed | 9 | | by such
licensee for the purpose of guaranteeing minimum | 10 | | distributions
of any pari-mutuel pool, shall be evenly | 11 | | distributed to the purse account of
the organization licensee | 12 | | and the organization licensee.
| 13 | | (d) A pari-mutuel ticket shall be honored until December 31 | 14 | | of the
next calendar year, and the licensee shall pay the same | 15 | | and may
charge the amount thereof against unpaid money | 16 | | similarly accumulated on account
of pari-mutuel tickets not | 17 | | presented for payment.
| 18 | | (e) No licensee shall knowingly permit any minor, other
| 19 | | than an employee of such licensee or an owner, trainer,
jockey, | 20 | | driver, or employee thereof, to be admitted during a racing
| 21 | | program unless accompanied by a parent or guardian, or any | 22 | | minor to be a
patron of the pari-mutuel system of wagering | 23 | | conducted or
supervised by it. The admission of any | 24 | | unaccompanied minor, other than
an employee of the licensee or | 25 | | an owner, trainer, jockey,
driver, or employee thereof at a | 26 | | race track is a Class C
misdemeanor.
|
| | | 10100HB3334ham001 | - 4 - | LRB101 05697 SMS 58525 a |
|
| 1 | | (f) Notwithstanding the other provisions of this Act, an
| 2 | | organization licensee may contract
with an entity in another | 3 | | state or country to permit any legal
wagering entity in another | 4 | | state or country to accept wagers solely within
such other | 5 | | state or country on races conducted by the organization | 6 | | licensee
in this State.
Beginning January 1, 2000, these wagers
| 7 | | shall not be subject to State
taxation. Until January 1, 2000,
| 8 | | when the out-of-State entity conducts a pari-mutuel pool
| 9 | | separate from the organization licensee, a privilege tax equal | 10 | | to 7 1/2% of
all monies received by the organization licensee | 11 | | from entities in other states
or countries pursuant to such | 12 | | contracts is imposed on the organization
licensee, and such | 13 | | privilege tax shall be remitted to the
Department of Revenue
| 14 | | within 48 hours of receipt of the moneys from the simulcast. | 15 | | When the
out-of-State entity conducts a
combined pari-mutuel | 16 | | pool with the organization licensee, the tax shall be 10%
of | 17 | | all monies received by the organization licensee with 25% of | 18 | | the
receipts from this 10% tax to be distributed to the county
| 19 | | in which the race was conducted.
| 20 | | An organization licensee may permit one or more of its | 21 | | races to be
utilized for
pari-mutuel wagering at one or more | 22 | | locations in other states and may
transmit audio and visual | 23 | | signals of races the organization licensee
conducts to one or
| 24 | | more locations outside the State or country and may also permit | 25 | | pari-mutuel
pools in other states or countries to be combined | 26 | | with its gross or net
wagering pools or with wagering pools |
| | | 10100HB3334ham001 | - 5 - | LRB101 05697 SMS 58525 a |
|
| 1 | | established by other states.
| 2 | | (g) A host track may accept interstate simulcast wagers on
| 3 | | horse
races conducted in other states or countries and shall | 4 | | control the
number of signals and types of breeds of racing in | 5 | | its simulcast program,
subject to the disapproval of the Board. | 6 | | The Board may prohibit a simulcast
program only if it finds | 7 | | that the simulcast program is clearly
adverse to the integrity | 8 | | of racing. The host track
simulcast program shall
include the | 9 | | signal of live racing of all organization licensees.
All | 10 | | non-host licensees and advance deposit wagering licensees | 11 | | shall carry the signal of and accept wagers on live racing of | 12 | | all organization licensees. Advance deposit wagering licensees | 13 | | shall not be permitted to accept out-of-state wagers on any | 14 | | Illinois signal provided pursuant to this Section without the | 15 | | approval and consent of the organization licensee providing the | 16 | | signal. For one year after August 15, 2014 (the effective date | 17 | | of Public Act 98-968), non-host licensees may carry the host | 18 | | track simulcast program and
shall accept wagers on all races | 19 | | included as part of the simulcast
program of horse races | 20 | | conducted at race tracks located within North America upon | 21 | | which wagering is permitted. For a period of one year after | 22 | | August 15, 2014 (the effective date of Public Act 98-968), on | 23 | | horse races conducted at race tracks located outside of North | 24 | | America, non-host licensees may accept wagers on all races | 25 | | included as part of the simulcast program upon which wagering | 26 | | is permitted. Beginning August 15, 2015 (one year after the |
| | | 10100HB3334ham001 | - 6 - | LRB101 05697 SMS 58525 a |
|
| 1 | | effective date of Public Act 98-968), non-host licensees may | 2 | | carry the host track simulcast program and shall accept wagers | 3 | | on all races included as part of the simulcast program upon | 4 | | which wagering is permitted.
All organization licensees shall | 5 | | provide their live signal to all advance deposit wagering | 6 | | licensees for a simulcast commission fee not to exceed 6% of | 7 | | the advance deposit wagering licensee's Illinois handle on the | 8 | | organization licensee's signal without prior approval by the | 9 | | Board. The Board may adopt rules under which it may permit | 10 | | simulcast commission fees in excess of 6%. The Board shall | 11 | | adopt rules limiting the interstate commission fees charged to | 12 | | an advance deposit wagering licensee. The Board shall adopt | 13 | | rules regarding advance deposit wagering on interstate | 14 | | simulcast races that shall reflect, among other things, the | 15 | | General Assembly's desire to maximize revenues to the State, | 16 | | horsemen purses, and organizational licensees. However, | 17 | | organization licensees providing live signals pursuant to the | 18 | | requirements of this subsection (g) may petition the Board to | 19 | | withhold their live signals from an advance deposit wagering | 20 | | licensee if the organization licensee discovers and the Board | 21 | | finds reputable or credible information that the advance | 22 | | deposit wagering licensee is under investigation by another | 23 | | state or federal governmental agency, the advance deposit | 24 | | wagering licensee's license has been suspended in another | 25 | | state, or the advance deposit wagering licensee's license is in | 26 | | revocation proceedings in another state. The organization |
| | | 10100HB3334ham001 | - 7 - | LRB101 05697 SMS 58525 a |
|
| 1 | | licensee's provision of their live signal to an advance deposit | 2 | | wagering licensee under this subsection (g) pertains to wagers | 3 | | placed from within Illinois. Advance deposit wagering | 4 | | licensees may place advance deposit wagering terminals at | 5 | | wagering facilities as a convenience to customers. The advance | 6 | | deposit wagering licensee shall not charge or collect any fee | 7 | | from purses for the placement of the advance deposit wagering | 8 | | terminals. The costs and expenses
of the host track and | 9 | | non-host licensees associated
with interstate simulcast
| 10 | | wagering, other than the interstate
commission fee, shall be | 11 | | borne by the host track and all
non-host licensees
incurring | 12 | | these costs.
The interstate commission fee shall not exceed 5% | 13 | | of Illinois handle on the
interstate simulcast race or races | 14 | | without prior approval of the Board. The
Board shall promulgate | 15 | | rules under which it may permit
interstate commission
fees in | 16 | | excess of 5%. The interstate commission
fee and other fees | 17 | | charged by the sending racetrack, including, but not
limited | 18 | | to, satellite decoder fees, shall be uniformly applied
to the | 19 | | host track and all non-host licensees.
| 20 | | Notwithstanding any other provision of this Act, through | 21 | | December 31, 2020, an organization licensee, with the consent | 22 | | of the horsemen association representing the largest number of | 23 | | owners, trainers, jockeys, or standardbred drivers who race | 24 | | horses at that organization licensee's racing meeting, may | 25 | | maintain a system whereby advance deposit wagering may take | 26 | | place or an organization licensee, with the consent of the |
| | | 10100HB3334ham001 | - 8 - | LRB101 05697 SMS 58525 a |
|
| 1 | | horsemen association representing the largest number of | 2 | | owners, trainers, jockeys, or standardbred drivers who race | 3 | | horses at that organization licensee's racing meeting, may | 4 | | contract with another person to carry out a system of advance | 5 | | deposit wagering. Such consent may not be unreasonably | 6 | | withheld. Only with respect to an appeal to the Board that | 7 | | consent for an organization licensee that maintains its own | 8 | | advance deposit wagering system is being unreasonably | 9 | | withheld, the Board shall issue a final order within 30 days | 10 | | after initiation of the appeal, and the organization licensee's | 11 | | advance deposit wagering system may remain operational during | 12 | | that 30-day period. The actions of any organization licensee | 13 | | who conducts advance deposit wagering or any person who has a | 14 | | contract with an organization licensee to conduct advance | 15 | | deposit wagering who conducts advance deposit wagering on or | 16 | | after January 1, 2013 and prior to June 7, 2013 (the effective | 17 | | date of Public Act 98-18) taken in reliance on the changes made | 18 | | to this subsection (g) by Public Act 98-18 are hereby | 19 | | validated, provided payment of all applicable pari-mutuel | 20 | | taxes are remitted to the Board. All advance deposit wagers | 21 | | placed from within Illinois must be placed through a | 22 | | Board-approved advance deposit wagering licensee; no other | 23 | | entity may accept an advance deposit wager from a person within | 24 | | Illinois. All advance deposit wagering is subject to any rules | 25 | | adopted by the Board. The Board may adopt rules necessary to | 26 | | regulate advance deposit wagering through the use of emergency |
| | | 10100HB3334ham001 | - 9 - | LRB101 05697 SMS 58525 a |
|
| 1 | | rulemaking in accordance with Section 5-45 of the Illinois | 2 | | Administrative Procedure Act. The General Assembly finds that | 3 | | the adoption of rules to regulate advance deposit wagering is | 4 | | deemed an emergency and necessary for the public interest, | 5 | | safety, and welfare. An advance deposit wagering licensee may | 6 | | retain all moneys as agreed to by contract with an organization | 7 | | licensee. Any moneys retained by the organization licensee from | 8 | | advance deposit wagering, not including moneys retained by the | 9 | | advance deposit wagering licensee, shall be paid 50% to the | 10 | | organization licensee's purse account and 50% to the | 11 | | organization licensee. With the exception of any organization | 12 | | licensee that is owned by a publicly traded company that is | 13 | | incorporated in a state other than Illinois and advance deposit | 14 | | wagering licensees under contract with such organization | 15 | | licensees, organization licensees that maintain advance | 16 | | deposit wagering systems and advance deposit wagering | 17 | | licensees that contract with organization licensees shall | 18 | | provide sufficiently detailed monthly accountings to the | 19 | | horsemen association representing the largest number of | 20 | | owners, trainers, jockeys, or standardbred drivers who race | 21 | | horses at that organization licensee's racing meeting so that | 22 | | the horsemen association, as an interested party, can confirm | 23 | | the accuracy of the amounts paid to the purse account at the | 24 | | horsemen association's affiliated organization licensee from | 25 | | advance deposit wagering. If more than one breed races at the | 26 | | same race track facility, then the 50% of the moneys to be paid |
| | | 10100HB3334ham001 | - 10 - | LRB101 05697 SMS 58525 a |
|
| 1 | | to an organization licensee's purse account shall be allocated | 2 | | among all organization licensees' purse accounts operating at | 3 | | that race track facility proportionately based on the actual | 4 | | number of host days that the Board grants to that breed at that | 5 | | race track facility in the current calendar year. To the extent | 6 | | any fees from advance deposit wagering conducted in Illinois | 7 | | for wagers in Illinois or other states have been placed in | 8 | | escrow or otherwise withheld from wagers pending a | 9 | | determination of the legality of advance deposit wagering, no | 10 | | action shall be brought to declare such wagers or the | 11 | | disbursement of any fees previously escrowed illegal. | 12 | | (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
| 13 | | inter-track wagering
licensee other than the host track may | 14 | | supplement the host track simulcast
program with | 15 | | additional simulcast races or race programs, provided that | 16 | | between
January 1 and the third Friday in February of any | 17 | | year, inclusive, if no live
thoroughbred racing is | 18 | | occurring in Illinois during this period, only
| 19 | | thoroughbred races may be used
for supplemental interstate | 20 | | simulcast purposes. The Board shall withhold
approval for a | 21 | | supplemental interstate simulcast only if it finds that the
| 22 | | simulcast is clearly adverse to the integrity of racing. A | 23 | | supplemental
interstate simulcast may be transmitted from | 24 | | an inter-track wagering licensee to
its affiliated | 25 | | non-host licensees. The interstate commission fee for a
| 26 | | supplemental interstate simulcast shall be paid by the |
| | | 10100HB3334ham001 | - 11 - | LRB101 05697 SMS 58525 a |
|
| 1 | | non-host licensee and
its affiliated non-host licensees | 2 | | receiving the simulcast.
| 3 | | (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
| 4 | | inter-track wagering
licensee other than the host track may | 5 | | receive supplemental interstate
simulcasts only with the | 6 | | consent of the host track, except when the Board
finds that | 7 | | the simulcast is
clearly adverse to the integrity of | 8 | | racing. Consent granted under this
paragraph (2) to any | 9 | | inter-track wagering licensee shall be deemed consent to
| 10 | | all non-host licensees. The interstate commission fee for | 11 | | the supplemental
interstate simulcast shall be paid
by all | 12 | | participating non-host 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 for
| 20 | | the purpose of determining the daily handle and computing | 21 | | the privilege tax of
that daily handle as provided in | 22 | | subsection (a) of Section 27.
Until January 1, 2000,
from | 23 | | the sums permitted to be retained pursuant to this | 24 | | subsection, each
inter-track wagering location licensee | 25 | | shall pay 1% of the pari-mutuel handle
wagered on simulcast | 26 | | wagering to the Horse Racing Tax Allocation Fund, subject
|
| | | 10100HB3334ham001 | - 12 - | LRB101 05697 SMS 58525 a |
|
| 1 | | to the provisions of subparagraph (B) of paragraph (11) of | 2 | | subsection (h) of
Section 26 of this Act.
| 3 | | (4) A licensee who receives an interstate simulcast may | 4 | | combine its gross
or net pools with pools at the sending | 5 | | racetracks pursuant to rules established
by the Board. All | 6 | | licensees combining their gross pools
at a
sending | 7 | | racetrack shall adopt the takeout take-out percentages of | 8 | | the sending
racetrack.
A licensee may also establish a | 9 | | separate pool and takeout structure for
wagering purposes | 10 | | on races conducted at race tracks outside of the
State of | 11 | | Illinois. The licensee may permit pari-mutuel wagers | 12 | | placed in other
states or
countries to be combined with its | 13 | | gross or net wagering pools or other
wagering pools.
| 14 | | (5) After the payment of the interstate commission fee | 15 | | (except for the
interstate commission
fee on a supplemental | 16 | | interstate simulcast, which shall be paid by the host
track | 17 | | and by each non-host licensee through the host track | 18 | | host-track ) and all applicable
State and local
taxes, | 19 | | except as provided in subsection (g) of Section 27 of this | 20 | | Act, the
remainder of moneys retained from simulcast | 21 | | wagering pursuant to this
subsection (g), and Section 26.2 | 22 | | shall be divided as follows:
| 23 | | (A) For interstate simulcast wagers made at a host | 24 | | track, 50% to the
host
track and 50% to purses at the | 25 | | host track.
| 26 | | (B) For wagers placed on interstate simulcast |
| | | 10100HB3334ham001 | - 13 - | LRB101 05697 SMS 58525 a |
|
| 1 | | races, supplemental
simulcasts as defined in | 2 | | subparagraphs (1) and (2), and separately pooled races
| 3 | | conducted outside of the State of Illinois made at a | 4 | | non-host
licensee, 25% to the host
track, 25% to the | 5 | | non-host licensee, and 50% to the purses at the host | 6 | | track.
| 7 | | (6) Notwithstanding any provision in this Act to the | 8 | | contrary, non-host
licensees
who derive their licenses | 9 | | from a track located in a county with a population in
| 10 | | excess of 230,000 and that borders the Mississippi River | 11 | | may receive
supplemental interstate simulcast races at all | 12 | | times subject to Board approval,
which shall be withheld | 13 | | only upon a finding that a supplemental interstate
| 14 | | simulcast is clearly adverse to the integrity of racing.
| 15 | | (7) Effective January 1, 2017, notwithstanding any | 16 | | provision of this Act to the contrary, after
payment of all | 17 | | applicable State and local taxes and interstate commission | 18 | | fees,
non-host licensees who derive their licenses from a | 19 | | track located in a county
with a population in excess of | 20 | | 230,000 and that borders the Mississippi River
shall retain | 21 | | 50% of the retention from interstate simulcast wagers and | 22 | | shall
pay 50% to purses at the track from which the | 23 | | non-host licensee derives its
license.
| 24 | | (7.1) Notwithstanding any other provision of this Act | 25 | | to the contrary,
if
no
standardbred racing is conducted at | 26 | | a racetrack located in Madison County
during any
calendar |
| | | 10100HB3334ham001 | - 14 - | LRB101 05697 SMS 58525 a |
|
| 1 | | year beginning on or after January 1, 2002, all
moneys | 2 | | derived by
that racetrack from simulcast wagering and | 3 | | inter-track wagering that (1) are to
be used
for purses and | 4 | | (2) are generated between the hours of 6:30 p.m. and 6:30 | 5 | | a.m.
during that
calendar year shall
be paid as follows:
| 6 | | (A) If the licensee that conducts horse racing at | 7 | | that racetrack
requests from the Board at least as many | 8 | | racing dates as were conducted in
calendar year 2000, | 9 | | 80% shall be paid to its thoroughbred purse account; | 10 | | and
| 11 | | (B) Twenty percent shall be deposited into the | 12 | | Illinois Colt Stakes
Purse
Distribution
Fund and shall | 13 | | be paid to purses for standardbred races for Illinois | 14 | | conceived
and foaled horses conducted at any county | 15 | | fairgrounds.
The moneys deposited into the Fund | 16 | | pursuant to this subparagraph (B) shall be
deposited
| 17 | | within 2
weeks after the day they were generated, shall | 18 | | be in addition to and not in
lieu of any other
moneys | 19 | | paid to standardbred purses under this Act, and shall | 20 | | not be commingled
with other moneys paid into that | 21 | | Fund. The moneys deposited
pursuant to this | 22 | | subparagraph (B) shall be allocated as provided by the
| 23 | | Department of Agriculture, with the advice and | 24 | | assistance of the Illinois
Standardbred
Breeders Fund | 25 | | Advisory Board.
| 26 | | (7.2) Notwithstanding any other provision of this Act |
| | | 10100HB3334ham001 | - 15 - | LRB101 05697 SMS 58525 a |
|
| 1 | | to the contrary, if
no
thoroughbred racing is conducted at | 2 | | a racetrack located in Madison County
during any
calendar | 3 | | year beginning on or after January 1,
2002, all
moneys | 4 | | derived by
that racetrack from simulcast wagering and | 5 | | inter-track wagering that (1) are to
be used
for purses and | 6 | | (2) are generated between the hours of 6:30 a.m. and 6:30 | 7 | | p.m.
during that
calendar year shall
be deposited as | 8 | | follows:
| 9 | | (A) If the licensee that conducts horse racing at | 10 | | that racetrack
requests from the
Board at least
as many | 11 | | racing dates as were conducted in calendar year 2000, | 12 | | 80%
shall be deposited into its standardbred purse
| 13 | | account; and
| 14 | | (B) Twenty percent shall be deposited into the | 15 | | Illinois Colt Stakes
Purse
Distribution Fund. Moneys | 16 | | deposited into the Illinois Colt Stakes Purse
| 17 | | Distribution Fund
pursuant to this subparagraph (B) | 18 | | shall be paid to Illinois
conceived and foaled | 19 | | thoroughbred breeders' programs
and to thoroughbred | 20 | | purses for races conducted at any county fairgrounds | 21 | | for
Illinois conceived
and foaled horses at the | 22 | | discretion of the
Department of Agriculture, with the | 23 | | advice and assistance of
the Illinois Thoroughbred | 24 | | Breeders Fund Advisory
Board. The moneys deposited | 25 | | into the Illinois Colt Stakes Purse Distribution
Fund
| 26 | | pursuant to this subparagraph (B) shall be deposited |
| | | 10100HB3334ham001 | - 16 - | LRB101 05697 SMS 58525 a |
|
| 1 | | within 2 weeks
after the day they were generated, shall | 2 | | be in addition to and not in
lieu of any other moneys | 3 | | paid to thoroughbred purses
under this Act, and shall | 4 | | not be commingled with other moneys deposited into
that | 5 | | Fund.
| 6 | | (7.3) (Blank).
| 7 | | (7.4) (Blank).
| 8 | | (8) Notwithstanding any provision in this Act to the | 9 | | contrary, an
organization licensee from a track located in | 10 | | a county with a population in
excess of 230,000 and that | 11 | | borders the Mississippi River and its affiliated
non-host | 12 | | licensees shall not be entitled to share in any retention | 13 | | generated on
racing, inter-track wagering, or simulcast | 14 | | wagering at any other Illinois
wagering facility.
| 15 | | (8.1) Notwithstanding any provisions in this Act to the | 16 | | contrary, if 2
organization licensees
are conducting | 17 | | standardbred race meetings concurrently
between the hours | 18 | | of 6:30 p.m. and 6:30 a.m., after payment of all applicable
| 19 | | State and local taxes and interstate commission fees, the | 20 | | remainder of the
amount retained from simulcast wagering | 21 | | otherwise attributable to the host
track and to host track | 22 | | purses shall be split daily between the 2
organization | 23 | | licensees and the purses at the tracks of the 2 | 24 | | organization
licensees, respectively, based on each | 25 | | organization licensee's share
of the total live handle for | 26 | | that day,
provided that this provision shall not apply to |
| | | 10100HB3334ham001 | - 17 - | LRB101 05697 SMS 58525 a |
|
| 1 | | any non-host licensee that
derives its license from a track | 2 | | located in a county with a population in
excess of 230,000 | 3 | | and that borders the Mississippi River.
| 4 | | (9) (Blank).
| 5 | | (10) (Blank).
| 6 | | (11) (Blank).
| 7 | | (12) The Board shall have authority to compel all host | 8 | | tracks to receive
the simulcast of any or all races | 9 | | conducted at the Springfield or DuQuoin State
fairgrounds | 10 | | and include all such races as part of their simulcast | 11 | | programs.
| 12 | | (13) Notwithstanding any other provision of this Act, | 13 | | in the event that
the total Illinois pari-mutuel handle on | 14 | | Illinois horse races at all wagering
facilities in any | 15 | | calendar year is less than 75% of the total Illinois
| 16 | | pari-mutuel handle on Illinois horse races at all such | 17 | | wagering facilities for
calendar year 1994, then each | 18 | | wagering facility that has an annual total
Illinois | 19 | | pari-mutuel handle on Illinois horse races that is less | 20 | | than 75% of
the total Illinois pari-mutuel handle on | 21 | | Illinois horse races at such wagering
facility for calendar | 22 | | year 1994, shall be permitted to receive, from any amount
| 23 | | otherwise
payable to the purse account at the race track | 24 | | with which the wagering facility
is affiliated in the | 25 | | succeeding calendar year, an amount equal to 2% of the
| 26 | | differential in total Illinois pari-mutuel handle on |
| | | 10100HB3334ham001 | - 18 - | LRB101 05697 SMS 58525 a |
|
| 1 | | Illinois horse
races at the wagering facility between that | 2 | | calendar year in question and 1994
provided, however, that | 3 | | a
wagering facility shall not be entitled to any such | 4 | | payment until the Board
certifies in writing to the | 5 | | wagering facility the amount to which the wagering
facility | 6 | | is entitled
and a schedule for payment of the amount to the | 7 | | wagering facility, based on:
(i) the racing dates awarded | 8 | | to the race track affiliated with the wagering
facility | 9 | | during the succeeding year; (ii) the sums available or | 10 | | anticipated to
be available in the purse account of the | 11 | | race track affiliated with the
wagering facility for purses | 12 | | during the succeeding year; and (iii) the need to
ensure | 13 | | reasonable purse levels during the payment period.
The | 14 | | Board's certification
shall be provided no later than | 15 | | January 31 of the succeeding year.
In the event a wagering | 16 | | facility entitled to a payment under this paragraph
(13) is | 17 | | affiliated with a race track that maintains purse accounts | 18 | | for both
standardbred and thoroughbred racing, the amount | 19 | | to be paid to the wagering
facility shall be divided | 20 | | between each purse account pro rata, based on the
amount of | 21 | | Illinois handle on Illinois standardbred and thoroughbred | 22 | | racing
respectively at the wagering facility during the | 23 | | previous calendar year.
Annually, the General Assembly | 24 | | shall appropriate sufficient funds from the
General | 25 | | Revenue Fund to the Department of Agriculture for payment | 26 | | into the
thoroughbred and standardbred horse racing purse |
| | | 10100HB3334ham001 | - 19 - | LRB101 05697 SMS 58525 a |
|
| 1 | | accounts at
Illinois pari-mutuel tracks. The amount paid to | 2 | | each purse account shall be
the amount certified by the | 3 | | Illinois Racing Board in January to be
transferred from | 4 | | each account to each eligible racing facility in
accordance | 5 | | with the provisions of this Section.
| 6 | | (h) The Board may approve and license the conduct of | 7 | | inter-track wagering
and simulcast wagering by inter-track | 8 | | wagering licensees and inter-track
wagering location licensees | 9 | | subject to the following terms and conditions:
| 10 | | (1) Any person licensed to conduct a race meeting (i) | 11 | | at a track where
60 or more days of racing were conducted | 12 | | during the immediately preceding
calendar year or where | 13 | | over the 5 immediately preceding calendar years an
average | 14 | | of 30 or more days of racing were conducted annually may be | 15 | | issued an
inter-track wagering license; (ii) at a track
| 16 | | located in a county that is bounded by the Mississippi | 17 | | River, which has a
population of less than 150,000 | 18 | | according to the 1990 decennial census, and an
average of | 19 | | at least 60 days of racing per year between 1985 and 1993 | 20 | | may be
issued an inter-track wagering license; or (iii) at | 21 | | a track
located in Madison
County that conducted at least | 22 | | 100 days of live racing during the immediately
preceding
| 23 | | calendar year may be issued an inter-track wagering | 24 | | license, unless a lesser
schedule of
live racing is the | 25 | | result of (A) weather, unsafe track conditions, or other
| 26 | | acts of God; (B)
an agreement between the organization |
| | | 10100HB3334ham001 | - 20 - | LRB101 05697 SMS 58525 a |
|
| 1 | | licensee and the associations
representing the
largest | 2 | | number of owners, trainers, jockeys, or standardbred | 3 | | drivers who race
horses at
that organization licensee's | 4 | | racing meeting; or (C) a finding by the Board of
| 5 | | extraordinary circumstances and that it was in the best | 6 | | interest of the public
and the sport to conduct fewer than | 7 | | 100 days of live racing. Any such person
having operating | 8 | | control of the racing facility may receive
inter-track | 9 | | wagering
location licenses. An
eligible race track located | 10 | | in a county that has a population of more than
230,000 and | 11 | | that is bounded by the Mississippi River may establish up | 12 | | to 9
inter-track wagering locations, an eligible race track | 13 | | located in Stickney Township in Cook County may establish | 14 | | up to 16 inter-track wagering locations, and an eligible | 15 | | race track located in Palatine Township in Cook County may | 16 | | establish up to 18 inter-track wagering locations.
An | 17 | | application for
said license shall be filed with the Board | 18 | | prior to such dates as may be
fixed by the Board. With an | 19 | | application for an inter-track
wagering
location license | 20 | | there shall be delivered to the Board a certified check or
| 21 | | bank draft payable to the order of the Board for an amount | 22 | | equal to $500.
The application shall be on forms prescribed | 23 | | and furnished by the Board. The
application shall comply | 24 | | with all other rules,
regulations and conditions imposed by | 25 | | the Board in connection therewith.
| 26 | | (2) The Board shall examine the applications with |
| | | 10100HB3334ham001 | - 21 - | LRB101 05697 SMS 58525 a |
|
| 1 | | respect to their
conformity with this Act and the rules and | 2 | | regulations imposed by the
Board. If found to be in | 3 | | compliance with the Act and rules and regulations
of the | 4 | | Board, the Board may then issue a license to conduct | 5 | | inter-track
wagering and simulcast wagering to such | 6 | | applicant. All such applications
shall be acted upon by the | 7 | | Board at a meeting to be held on such date as may be
fixed | 8 | | by the Board.
| 9 | | (3) In granting licenses to conduct inter-track | 10 | | wagering and simulcast
wagering, the Board shall give due | 11 | | consideration to
the best interests of the
public, of horse | 12 | | racing, and of maximizing revenue to the State.
| 13 | | (4) Prior to the issuance of a license to conduct | 14 | | inter-track wagering
and simulcast wagering,
the applicant | 15 | | shall file with the Board a bond payable to the State of | 16 | | Illinois
in the sum of $50,000, executed by the applicant | 17 | | and a surety company or
companies authorized to do business | 18 | | in this State, and conditioned upon
(i) the payment by the | 19 | | licensee of all taxes due under Section 27 or 27.1
and any | 20 | | other monies due and payable under this Act, and (ii)
| 21 | | distribution by the licensee, upon presentation of the | 22 | | winning ticket or
tickets, of all sums payable to the | 23 | | patrons of pari-mutuel pools.
| 24 | | (5) Each license to conduct inter-track wagering and | 25 | | simulcast
wagering shall specify the person
to whom it is | 26 | | issued, the dates on which such wagering is permitted, and
|
| | | 10100HB3334ham001 | - 22 - | LRB101 05697 SMS 58525 a |
|
| 1 | | the track or location where the wagering is to be | 2 | | conducted.
| 3 | | (6) All wagering under such license is subject to this | 4 | | Act and to the
rules and regulations from time to time | 5 | | prescribed by the Board, and every
such license issued by | 6 | | the Board shall contain a recital to that effect.
| 7 | | (7) An inter-track wagering licensee or inter-track | 8 | | wagering location
licensee may accept wagers at the track | 9 | | or location
where it is licensed, or as otherwise provided | 10 | | under this Act.
| 11 | | (8) Inter-track wagering or simulcast wagering shall | 12 | | not be
conducted
at any track less than 5 miles from a | 13 | | track at which a racing meeting is in
progress.
| 14 | | (8.1) Inter-track wagering location
licensees who | 15 | | derive their licenses from a particular organization | 16 | | licensee
shall conduct inter-track wagering and simulcast | 17 | | wagering only at locations that
are within 160 miles of | 18 | | that race track
where
the particular organization licensee | 19 | | is licensed to conduct racing. However, inter-track | 20 | | wagering and simulcast wagering
shall not
be conducted by | 21 | | those licensees at any location within 5 miles of any race
| 22 | | track at which a
horse race meeting has been licensed in | 23 | | the current year, unless the person
having operating | 24 | | control of such race track has given its written consent
to | 25 | | such inter-track wagering location licensees,
which | 26 | | consent
must be filed with the Board at or prior to the |
| | | 10100HB3334ham001 | - 23 - | LRB101 05697 SMS 58525 a |
|
| 1 | | time application is made. In the case of any inter-track | 2 | | wagering location licensee initially licensed after | 3 | | December 31, 2013, inter-track wagering and simulcast | 4 | | wagering shall not be conducted by those inter-track | 5 | | wagering location licensees that are located outside the | 6 | | City of Chicago at any location within 8 miles of any race | 7 | | track at which a horse race meeting has been licensed in | 8 | | the current year, unless the person having operating | 9 | | control of such race track has given its written consent to | 10 | | such inter-track wagering location licensees, which | 11 | | consent must be filed with the Board at or prior to the | 12 | | time application is made.
| 13 | | (8.2) Inter-track wagering or simulcast wagering shall | 14 | | not be
conducted by an inter-track
wagering location | 15 | | licensee at any location within 100 500 feet of an
existing
| 16 | | church or existing school , nor within 500 feet of the | 17 | | residences
of more than 50 registered voters without
| 18 | | receiving written permission from a majority of the | 19 | | registered
voters at such residences.
Such written | 20 | | permission statements shall be filed with the Board . The
| 21 | | distance of 100 500 feet shall be measured to the nearest | 22 | | part of any
building
used for worship services, education | 23 | | programs, residential purposes, or
conducting inter-track | 24 | | wagering by an inter-track wagering location
licensee, and | 25 | | not to property boundaries. However, inter-track wagering | 26 | | or
simulcast wagering may be conducted at a site within 100 |
| | | 10100HB3334ham001 | - 24 - | LRB101 05697 SMS 58525 a |
|
| 1 | | 500 feet of
a church or , school or residences
of 50 or more | 2 | | registered voters if such church or , school has
or | 3 | | residences have been erected
or established , or such voters | 4 | | have been registered, after
the Board issues
the original | 5 | | inter-track wagering location license at the site in | 6 | | question.
Inter-track wagering location licensees may | 7 | | conduct inter-track wagering
and simulcast wagering only | 8 | | in areas that are zoned for
commercial or manufacturing | 9 | | purposes or
in areas for which a special use has been | 10 | | approved by the local zoning
authority. However, no license | 11 | | to conduct inter-track wagering and simulcast
wagering | 12 | | shall be
granted by the Board with respect to any | 13 | | inter-track wagering location
within the jurisdiction of | 14 | | any local zoning authority which has, by
ordinance or by | 15 | | resolution, prohibited the establishment of an inter-track
| 16 | | wagering location within its jurisdiction. However, | 17 | | inter-track wagering
and simulcast wagering may be | 18 | | conducted at a site if such ordinance or
resolution is | 19 | | enacted after
the Board licenses the original inter-track | 20 | | wagering location
licensee for the site in question.
| 21 | | (9) (Blank).
| 22 | | (10) An inter-track wagering licensee or an | 23 | | inter-track wagering
location licensee may retain, subject | 24 | | to the
payment of the privilege taxes and the purses, an | 25 | | amount not to
exceed 17% of all money wagered. Each program | 26 | | of racing conducted by
each inter-track wagering licensee |
| | | 10100HB3334ham001 | - 25 - | LRB101 05697 SMS 58525 a |
|
| 1 | | or inter-track wagering location
licensee shall be | 2 | | considered a separate racing day for the purpose of
| 3 | | determining the daily handle and computing the privilege | 4 | | tax or pari-mutuel
tax on such daily
handle as provided in | 5 | | Section 27.
| 6 | | (10.1) Except as provided in subsection (g) of Section | 7 | | 27 of this Act,
inter-track wagering location licensees | 8 | | shall pay 1% of the
pari-mutuel handle at each location to | 9 | | the municipality in which such
location is situated and 1% | 10 | | of the pari-mutuel handle at each location to
the county in | 11 | | which such location is situated. In the event that an
| 12 | | inter-track wagering location licensee is situated in an | 13 | | unincorporated
area of a county, such licensee shall pay 2% | 14 | | of the pari-mutuel handle from
such location to such | 15 | | county.
| 16 | | (10.2) Notwithstanding any other provision of this | 17 | | Act, with respect to inter-track
wagering at a race track | 18 | | located in a
county that has a population of
more than | 19 | | 230,000 and that is bounded by the Mississippi River ("the | 20 | | first race
track"), or at a facility operated by an | 21 | | inter-track wagering licensee or
inter-track wagering | 22 | | location licensee that derives its license from the
| 23 | | organization licensee that operates the first race track, | 24 | | on races conducted at
the first race track or on races | 25 | | conducted at another Illinois race track
and | 26 | | simultaneously televised to the first race track or to a |
| | | 10100HB3334ham001 | - 26 - | LRB101 05697 SMS 58525 a |
|
| 1 | | facility operated
by an inter-track wagering licensee or | 2 | | inter-track wagering location licensee
that derives its | 3 | | license from the organization licensee that operates the | 4 | | first
race track, those moneys shall be allocated as | 5 | | follows:
| 6 | | (A) That portion of all moneys wagered on | 7 | | standardbred racing that is
required under this Act to | 8 | | be paid to purses shall be paid to purses for
| 9 | | standardbred races.
| 10 | | (B) That portion of all moneys wagered on | 11 | | thoroughbred racing
that is required under this Act to | 12 | | be paid to purses shall be paid to purses
for | 13 | | thoroughbred races.
| 14 | | (11) (A) After payment of the privilege or pari-mutuel | 15 | | tax, any other
applicable
taxes, and
the costs and expenses | 16 | | in connection with the gathering, transmission, and
| 17 | | dissemination of all data necessary to the conduct of | 18 | | inter-track wagering,
the remainder of the monies retained | 19 | | under either Section 26 or Section 26.2
of this Act by the | 20 | | inter-track wagering licensee on inter-track wagering
| 21 | | shall be allocated with 50% to be split between the
2 | 22 | | participating licensees and 50% to purses, except
that an | 23 | | inter-track wagering licensee that derives its
license | 24 | | from a track located in a county with a population in | 25 | | excess of 230,000
and that borders the Mississippi River | 26 | | shall not divide any remaining
retention with the Illinois |
| | | 10100HB3334ham001 | - 27 - | LRB101 05697 SMS 58525 a |
|
| 1 | | organization licensee that provides the race or
races, and | 2 | | an inter-track wagering licensee that accepts wagers on | 3 | | races
conducted by an organization licensee that conducts a | 4 | | race meet in a county
with a population in excess of | 5 | | 230,000 and that borders the Mississippi River
shall not | 6 | | divide any remaining retention with that organization | 7 | | licensee.
| 8 | | (B) From the
sums permitted to be retained pursuant to | 9 | | this Act each inter-track wagering
location licensee shall | 10 | | pay (i) the privilege or pari-mutuel tax to the
State; (ii) | 11 | | 4.75% of the
pari-mutuel handle on inter-track wagering at | 12 | | such location on
races as purses, except that
an | 13 | | inter-track wagering location licensee that derives its | 14 | | license from a
track located in a county with a population | 15 | | in excess of 230,000 and that
borders the Mississippi River | 16 | | shall retain all purse moneys for its own purse
account | 17 | | consistent with distribution set forth in this subsection | 18 | | (h), and inter-track
wagering location licensees that | 19 | | accept wagers on races
conducted
by an organization | 20 | | licensee located in a county with a population in excess of
| 21 | | 230,000 and that borders the Mississippi River shall | 22 | | distribute all purse
moneys to purses at the operating host | 23 | | track; (iii) until January 1, 2000,
except as
provided in
| 24 | | subsection (g) of Section 27 of this Act, 1% of the
| 25 | | pari-mutuel handle wagered on inter-track wagering and | 26 | | simulcast wagering at
each inter-track wagering
location |
| | | 10100HB3334ham001 | - 28 - | LRB101 05697 SMS 58525 a |
|
| 1 | | licensee facility to the Horse Racing Tax Allocation Fund, | 2 | | provided
that, to the extent the total amount collected and | 3 | | distributed to the Horse
Racing Tax Allocation Fund under | 4 | | this subsection (h) during any calendar year
exceeds the | 5 | | amount collected and distributed to the Horse Racing Tax | 6 | | Allocation
Fund during calendar year 1994, that excess | 7 | | amount shall be redistributed (I)
to all inter-track | 8 | | wagering location licensees, based on each licensee's pro | 9 | | rata
pro-rata share of the total handle from inter-track | 10 | | wagering and simulcast
wagering for all inter-track | 11 | | wagering location licensees during the calendar
year in | 12 | | which this provision is applicable; then (II) the amounts | 13 | | redistributed
to each inter-track wagering location | 14 | | licensee as described in subpart (I)
shall be further | 15 | | redistributed as provided in subparagraph (B) of paragraph | 16 | | (5)
of subsection (g) of this Section 26 provided first, | 17 | | that the shares of those
amounts, which are to be | 18 | | redistributed to the host track or to purses at the
host | 19 | | track under subparagraph (B) of paragraph (5) of subsection | 20 | | (g) of this
Section 26 shall be
redistributed based on each | 21 | | host track's pro rata share of the total
inter-track
| 22 | | wagering and simulcast wagering handle at all host tracks | 23 | | during the calendar
year in question, and second, that any | 24 | | amounts redistributed as described in
part (I) to an | 25 | | inter-track wagering location licensee that accepts
wagers | 26 | | on races conducted by an organization licensee that |
| | | 10100HB3334ham001 | - 29 - | LRB101 05697 SMS 58525 a |
|
| 1 | | conducts a race meet
in a county with a population in | 2 | | excess of 230,000 and that borders the
Mississippi River | 3 | | shall be further redistributed, effective January 1, 2017, | 4 | | as provided in paragraph (7) of subsection (g) of this | 5 | | Section 26, with the
portion of that
further redistribution | 6 | | allocated to purses at that organization licensee to be
| 7 | | divided between standardbred purses and thoroughbred | 8 | | purses based on the
amounts otherwise allocated to purses | 9 | | at that organization licensee during the
calendar year in | 10 | | question; and (iv) 8% of the pari-mutuel handle on
| 11 | | inter-track wagering wagered at
such location to satisfy | 12 | | all costs and expenses of conducting its wagering. The
| 13 | | remainder of the monies retained by the inter-track | 14 | | wagering location licensee
shall be allocated 40% to the | 15 | | location licensee and 60% to the organization
licensee | 16 | | which provides the Illinois races to the location, except | 17 | | that an inter-track
wagering location
licensee that | 18 | | derives its license from a track located in a county with a
| 19 | | population in excess of 230,000 and that borders the | 20 | | Mississippi River shall
not divide any remaining retention | 21 | | with the organization licensee that provides
the race or | 22 | | races and an inter-track wagering location licensee that | 23 | | accepts
wagers on races conducted by an organization | 24 | | licensee that conducts a race meet
in a county with a | 25 | | population in excess of 230,000 and that borders the
| 26 | | Mississippi River shall not divide any remaining retention |
| | | 10100HB3334ham001 | - 30 - | LRB101 05697 SMS 58525 a |
|
| 1 | | with the
organization licensee.
Notwithstanding the | 2 | | provisions of clauses (ii) and (iv) of this
paragraph, in | 3 | | the case of the additional inter-track wagering location | 4 | | licenses
authorized under paragraph (1) of this subsection | 5 | | (h) by Public Act 87-110, those licensees shall pay the | 6 | | following amounts as purses:
during the first 12 months the | 7 | | licensee is in operation, 5.25% of
the
pari-mutuel handle | 8 | | wagered at the location on races; during the second 12
| 9 | | months, 5.25%; during the third 12 months, 5.75%;
during
| 10 | | the fourth 12 months,
6.25%; and during the fifth 12 months | 11 | | and thereafter, 6.75%. The
following amounts shall be | 12 | | retained by the licensee to satisfy all costs
and expenses | 13 | | of conducting its wagering: during the first 12 months the
| 14 | | licensee is in operation, 8.25% of the pari-mutuel handle | 15 | | wagered
at the
location; during the second 12 months, | 16 | | 8.25%; during the third 12
months, 7.75%;
during the fourth | 17 | | 12 months, 7.25%; and during the fifth 12 months
and
| 18 | | thereafter, 6.75%.
For additional inter-track wagering | 19 | | location licensees authorized under Public Act 89-16, | 20 | | purses for the first 12 months the licensee is in operation | 21 | | shall
be 5.75% of the pari-mutuel wagered
at the location, | 22 | | purses for the second 12 months the licensee is in | 23 | | operation
shall be 6.25%, and purses
thereafter shall be | 24 | | 6.75%. For additional inter-track location
licensees
| 25 | | authorized under Public Act 89-16, the licensee shall be | 26 | | allowed to retain to satisfy
all costs and expenses: 7.75% |
| | | 10100HB3334ham001 | - 31 - | LRB101 05697 SMS 58525 a |
|
| 1 | | of the pari-mutuel handle wagered at
the location
during | 2 | | its first 12 months of operation, 7.25% during its second
| 3 | | 12
months of
operation, and 6.75% thereafter.
| 4 | | (C) There is hereby created the Horse Racing Tax | 5 | | Allocation Fund
which shall remain in existence until | 6 | | December 31, 1999. Moneys
remaining in the Fund after | 7 | | December 31, 1999
shall be paid into the
General Revenue | 8 | | Fund. Until January 1, 2000,
all monies paid into the Horse | 9 | | Racing Tax Allocation Fund pursuant to this
paragraph (11) | 10 | | by inter-track wagering location licensees located in park
| 11 | | districts of 500,000 population or less, or in a | 12 | | municipality that is not
included within any park district | 13 | | but is included within a conservation
district and is the | 14 | | county seat of a county that (i) is contiguous to the state
| 15 | | of Indiana and (ii) has a 1990 population of 88,257 | 16 | | according to the United
States Bureau of the Census, and | 17 | | operating on May 1, 1994 shall be
allocated by | 18 | | appropriation as follows:
| 19 | | Two-sevenths to the Department of Agriculture. | 20 | | Fifty percent of
this two-sevenths shall be used to | 21 | | promote the Illinois horse racing and
breeding | 22 | | industry, and shall be distributed by the Department of | 23 | | Agriculture
upon the advice of a 9-member committee | 24 | | appointed by the Governor consisting of
the following | 25 | | members: the Director of Agriculture, who shall serve | 26 | | as
chairman; 2 representatives of organization |
| | | 10100HB3334ham001 | - 32 - | LRB101 05697 SMS 58525 a |
|
| 1 | | licensees conducting thoroughbred
race meetings in | 2 | | this State, recommended by those licensees; 2 | 3 | | representatives
of organization licensees conducting | 4 | | standardbred race meetings in this State,
recommended | 5 | | by those licensees; a representative of the Illinois
| 6 | | Thoroughbred Breeders and Owners Foundation, | 7 | | recommended by that
Foundation; a representative of | 8 | | the Illinois Standardbred Owners and
Breeders | 9 | | Association, recommended
by that Association; a | 10 | | representative of
the Horsemen's Benevolent and | 11 | | Protective Association or any successor
organization | 12 | | thereto established in Illinois comprised of the | 13 | | largest number of
owners and trainers, recommended by | 14 | | that
Association or that successor organization; and a
| 15 | | representative of the Illinois Harness Horsemen's
| 16 | | Association, recommended by that Association. | 17 | | Committee members shall
serve for terms of 2 years, | 18 | | commencing January 1 of each even-numbered
year. If a | 19 | | representative of any of the above-named entities has | 20 | | not been
recommended by January 1 of any even-numbered | 21 | | year, the Governor shall
appoint a committee member to | 22 | | fill that position. Committee members shall
receive no | 23 | | compensation for their services as members but shall be
| 24 | | reimbursed for all actual and necessary expenses and | 25 | | disbursements incurred
in the performance of their | 26 | | official duties. The remaining 50% of this
|
| | | 10100HB3334ham001 | - 33 - | LRB101 05697 SMS 58525 a |
|
| 1 | | two-sevenths shall be distributed to county fairs for | 2 | | premiums and
rehabilitation as set forth in the | 3 | | Agricultural Fair Act;
| 4 | | Four-sevenths to park districts or municipalities | 5 | | that do not have a
park district of 500,000 population | 6 | | or less for museum purposes (if an
inter-track wagering | 7 | | location licensee is located in such a park district) | 8 | | or
to conservation districts for museum purposes (if an | 9 | | inter-track wagering
location licensee is located in a | 10 | | municipality that is not included within any
park | 11 | | district but is included within a conservation | 12 | | district and is the county
seat of a county that (i) is | 13 | | contiguous to the state of Indiana and (ii) has a
1990 | 14 | | population of 88,257 according to the United States | 15 | | Bureau of the Census,
except that if the conservation | 16 | | district does not maintain a museum, the monies
shall | 17 | | be allocated equally between the county and the | 18 | | municipality in which the
inter-track wagering | 19 | | location licensee is located for general purposes) or | 20 | | to a
municipal recreation board for park purposes (if | 21 | | an inter-track wagering
location licensee is located | 22 | | in a municipality that is not included within any
park | 23 | | district and park maintenance is the function of the | 24 | | municipal recreation
board and the municipality has a | 25 | | 1990 population of 9,302 according to the
United States | 26 | | Bureau of the Census); provided that the monies are |
| | | 10100HB3334ham001 | - 34 - | LRB101 05697 SMS 58525 a |
|
| 1 | | distributed
to each park district or conservation | 2 | | district or municipality that does not
have a park | 3 | | district in an amount equal to four-sevenths of the | 4 | | amount
collected by each inter-track wagering location | 5 | | licensee within the park
district or conservation | 6 | | district or municipality for the Fund. Monies that
were | 7 | | paid into the Horse Racing Tax Allocation Fund before | 8 | | August 9, 1991 (the effective date
of Public Act | 9 | | 87-110) by an inter-track wagering location licensee
| 10 | | located in a municipality that is not included within | 11 | | any park district but is
included within a conservation | 12 | | district as provided in this paragraph shall, as
soon | 13 | | as practicable after August 9, 1991 (the effective date | 14 | | of Public Act 87-110), be
allocated and paid to that | 15 | | conservation district as provided in this paragraph.
| 16 | | Any park district or municipality not maintaining a | 17 | | museum may deposit the
monies in the corporate fund of | 18 | | the park district or municipality where the
| 19 | | inter-track wagering location is located, to be used | 20 | | for general purposes;
and
| 21 | | One-seventh to the Agricultural Premium Fund to be | 22 | | used for distribution
to agricultural home economics | 23 | | extension councils in accordance with "An
Act in | 24 | | relation to additional support and finances for the | 25 | | Agricultural and
Home Economic Extension Councils in | 26 | | the several counties of this State and
making an |
| | | 10100HB3334ham001 | - 35 - | LRB101 05697 SMS 58525 a |
|
| 1 | | appropriation therefor", approved July 24, 1967.
| 2 | | Until January 1, 2000, all other
monies paid into the | 3 | | Horse Racing Tax
Allocation Fund pursuant to
this paragraph | 4 | | (11) shall be allocated by appropriation as follows:
| 5 | | Two-sevenths to the Department of Agriculture. | 6 | | Fifty percent of this
two-sevenths shall be used to | 7 | | promote the Illinois horse racing and breeding
| 8 | | industry, and shall be distributed by the Department of | 9 | | Agriculture upon the
advice of a 9-member committee | 10 | | appointed by the Governor consisting of the
following | 11 | | members: the Director of Agriculture, who shall serve | 12 | | as chairman; 2
representatives of organization | 13 | | licensees conducting thoroughbred race meetings
in | 14 | | this State, recommended by those licensees; 2 | 15 | | representatives of
organization licensees conducting | 16 | | standardbred race meetings in this State,
recommended | 17 | | by those licensees; a representative of the Illinois | 18 | | Thoroughbred
Breeders and Owners Foundation, | 19 | | recommended by that Foundation; a
representative of | 20 | | the Illinois Standardbred Owners and Breeders | 21 | | Association,
recommended by that Association; a | 22 | | representative of the Horsemen's Benevolent
and | 23 | | Protective Association or any successor organization | 24 | | thereto established
in Illinois comprised of the | 25 | | largest number of owners and trainers,
recommended by | 26 | | that Association or that successor organization; and a
|
| | | 10100HB3334ham001 | - 36 - | LRB101 05697 SMS 58525 a |
|
| 1 | | representative of the Illinois Harness Horsemen's | 2 | | Association, recommended by
that Association. | 3 | | Committee members shall serve for terms of 2 years,
| 4 | | commencing January 1 of each even-numbered year. If a | 5 | | representative of any of
the above-named entities has | 6 | | not been recommended by January 1 of any
even-numbered | 7 | | year, the Governor shall appoint a committee member to | 8 | | fill that
position. Committee members shall receive no | 9 | | compensation for their services
as members but shall be | 10 | | reimbursed for all actual and necessary expenses and
| 11 | | disbursements incurred in the performance of their | 12 | | official duties. The
remaining 50% of this | 13 | | two-sevenths shall be distributed to county fairs for
| 14 | | premiums and rehabilitation as set forth in the | 15 | | Agricultural Fair Act;
| 16 | | Four-sevenths to museums and aquariums located in | 17 | | park districts of over
500,000 population; provided | 18 | | that the monies are distributed in accordance with
the | 19 | | previous year's distribution of the maintenance tax | 20 | | for such museums and
aquariums as provided in Section 2 | 21 | | of the Park District Aquarium and Museum
Act; and
| 22 | | One-seventh to the Agricultural Premium Fund to be | 23 | | used for distribution
to agricultural home economics | 24 | | extension councils in accordance with "An Act
in | 25 | | relation to additional support and finances for the | 26 | | Agricultural and
Home Economic Extension Councils in |
| | | 10100HB3334ham001 | - 37 - | LRB101 05697 SMS 58525 a |
|
| 1 | | the several counties of this State and
making an | 2 | | appropriation therefor", approved July 24, 1967.
This | 3 | | subparagraph (C) shall be inoperative and of no force | 4 | | and effect on and
after January 1, 2000.
| 5 | | (D) Except as provided in paragraph (11) of this | 6 | | subsection (h),
with respect to purse allocation from | 7 | | inter-track wagering, the monies so
retained shall be | 8 | | divided as follows:
| 9 | | (i) If the inter-track wagering licensee, | 10 | | except an inter-track
wagering licensee that | 11 | | derives its license from an organization
licensee | 12 | | located in a county with a population in excess of | 13 | | 230,000 and bounded
by the Mississippi River, is | 14 | | not conducting its own
race meeting during the same | 15 | | dates, then the entire purse allocation shall be
to | 16 | | purses at the track where the races wagered on are | 17 | | being conducted.
| 18 | | (ii) If the inter-track wagering licensee, | 19 | | except an inter-track
wagering licensee that | 20 | | derives its license from an organization
licensee | 21 | | located in a county with a population in excess of | 22 | | 230,000 and bounded
by the Mississippi River, is | 23 | | also
conducting its own
race meeting during the | 24 | | same dates, then the purse allocation shall be as
| 25 | | follows: 50% to purses at the track where the races | 26 | | wagered on are
being conducted; 50% to purses at |
| | | 10100HB3334ham001 | - 38 - | LRB101 05697 SMS 58525 a |
|
| 1 | | the track where the inter-track
wagering licensee | 2 | | is accepting such wagers.
| 3 | | (iii) If the inter-track wagering is being | 4 | | conducted by an inter-track
wagering location | 5 | | licensee, except an inter-track wagering location | 6 | | licensee
that derives its license from an | 7 | | organization licensee located in a
county with a | 8 | | population in excess of 230,000 and bounded by the | 9 | | Mississippi
River, the entire purse allocation for | 10 | | Illinois races shall
be to purses at the track | 11 | | where the race meeting being wagered on is being
| 12 | | held.
| 13 | | (12) The Board shall have all powers necessary and | 14 | | proper to fully
supervise and control the conduct of
| 15 | | inter-track wagering and simulcast
wagering by inter-track | 16 | | wagering licensees and inter-track wagering location
| 17 | | licensees, including, but not
limited to the following:
| 18 | | (A) The Board is vested with power to promulgate | 19 | | reasonable rules and
regulations for the purpose of | 20 | | administering the
conduct of this
wagering and to | 21 | | prescribe reasonable rules, regulations and conditions | 22 | | under
which such wagering shall be held and conducted. | 23 | | Such rules and regulations
are to provide for the | 24 | | prevention of practices detrimental to the public
| 25 | | interest and for
the best interests of said wagering | 26 | | and to impose penalties
for violations thereof.
|
| | | 10100HB3334ham001 | - 39 - | LRB101 05697 SMS 58525 a |
|
| 1 | | (B) The Board, and any person or persons to whom it | 2 | | delegates this
power, is vested with the power to enter | 3 | | the
facilities of any licensee to determine whether | 4 | | there has been
compliance with the provisions of this | 5 | | Act and the rules and regulations
relating to the | 6 | | conduct of such wagering.
| 7 | | (C) The Board, and any person or persons to whom it | 8 | | delegates this
power, may eject or exclude from any | 9 | | licensee's facilities, any person whose
conduct or | 10 | | reputation
is such that his presence on such premises | 11 | | may, in the opinion of the Board,
call into the | 12 | | question the honesty and integrity of, or interfere | 13 | | with the
orderly conduct of such wagering; provided, | 14 | | however, that no person shall
be excluded or ejected | 15 | | from such premises solely on the grounds of race,
| 16 | | color, creed, national origin, ancestry, or sex.
| 17 | | (D) (Blank).
| 18 | | (E) The Board is vested with the power to appoint | 19 | | delegates to execute
any of the powers granted to it | 20 | | under this Section for the purpose of
administering | 21 | | this wagering and any
rules and
regulations
| 22 | | promulgated in accordance with this Act.
| 23 | | (F) The Board shall name and appoint a State | 24 | | director of this wagering
who shall be a representative | 25 | | of the Board and whose
duty it shall
be to supervise | 26 | | the conduct of inter-track wagering as may be provided |
| | | 10100HB3334ham001 | - 40 - | LRB101 05697 SMS 58525 a |
|
| 1 | | for
by the rules and regulations of the Board; such | 2 | | rules and regulation shall
specify the method of | 3 | | appointment and the Director's powers, authority and
| 4 | | duties.
| 5 | | (G) The Board is vested with the power to impose | 6 | | civil penalties of up
to $5,000 against individuals and | 7 | | up to $10,000 against
licensees for each violation of | 8 | | any provision of
this Act relating to the conduct of | 9 | | this wagering, any
rules adopted
by the Board, any | 10 | | order of the Board or any other action which in the | 11 | | Board's
discretion, is a detriment or impediment to | 12 | | such wagering.
| 13 | | (13) The Department of Agriculture may enter into | 14 | | agreements with
licensees authorizing such licensees to | 15 | | conduct inter-track
wagering on races to be held at the | 16 | | licensed race meetings conducted by the
Department of | 17 | | Agriculture. Such
agreement shall specify the races of the | 18 | | Department of Agriculture's
licensed race meeting upon | 19 | | which the licensees will conduct wagering. In the
event | 20 | | that a licensee
conducts inter-track pari-mutuel wagering | 21 | | on races from the Illinois State Fair
or DuQuoin State Fair | 22 | | which are in addition to the licensee's previously
approved | 23 | | racing program, those races shall be considered a separate | 24 | | racing day
for the
purpose of determining the daily handle | 25 | | and computing the privilege or
pari-mutuel tax on
that | 26 | | daily handle as provided in Sections 27
and 27.1. Such
|
| | | 10100HB3334ham001 | - 41 - | LRB101 05697 SMS 58525 a |
|
| 1 | | agreements shall be approved by the Board before such | 2 | | wagering may be
conducted. In determining whether to grant | 3 | | approval, the Board shall give
due consideration to the | 4 | | best interests of the public and of horse racing.
The | 5 | | provisions of paragraphs (1), (8), (8.1), and (8.2) of
| 6 | | subsection (h) of this
Section which are not specified in | 7 | | this paragraph (13) shall not apply to
licensed race | 8 | | meetings conducted by the Department of Agriculture at the
| 9 | | Illinois State Fair in Sangamon County or the DuQuoin State | 10 | | Fair in Perry
County, or to any wagering conducted on
those | 11 | | race meetings. | 12 | | (14) An inter-track wagering location license | 13 | | authorized by the Board in 2016 that is owned and operated | 14 | | by a race track in Rock Island County shall be transferred | 15 | | to a commonly owned race track in Cook County on August 12, | 16 | | 2016 (the effective date of Public Act 99-757). The | 17 | | licensee shall retain its status in relation to purse | 18 | | distribution under paragraph (11) of this subsection (h) | 19 | | following the transfer to the new entity. The pari-mutuel | 20 | | tax credit under Section 32.1 shall not be applied toward | 21 | | any pari-mutuel tax obligation of the inter-track wagering | 22 | | location licensee of the license that is transferred under | 23 | | this paragraph (14).
| 24 | | (i) Notwithstanding the other provisions of this Act, the | 25 | | conduct of
wagering at wagering facilities is authorized on all | 26 | | days, except as limited by
subsection (b) of Section 19 of this |
| | | 10100HB3334ham001 | - 42 - | LRB101 05697 SMS 58525 a |
|
| 1 | | Act.
| 2 | | (Source: P.A. 99-756, eff. 8-12-16; 99-757, eff. 8-12-16; | 3 | | 100-201, eff. 8-18-17; 100-627, eff. 7-20-18; 100-1152, eff. | 4 | | 12-14-18; revised 1-13-19.)
| 5 | | Section 10. The Raffles and Poker Runs Act is amended by | 6 | | changing Sections 1, 2, 3, 4, 5, 6, and 8.1 as follows:
| 7 | | (230 ILCS 15/1) (from Ch. 85, par. 2301)
| 8 | | Sec. 1. Definitions. For the purposes of this Act the terms | 9 | | defined
in this Section have the meanings given them.
| 10 | | "Key location" means: | 11 | | (1) For a poker run, the location where the poker run | 12 | | concludes and the prizes are awarded. | 13 | | (2) For a raffle, the location where the winning | 14 | | chances in the raffle are determined. | 15 | | "Law enforcement agency" means an agency of this State or a | 16 | | unit of local government in this State that is vested by law or | 17 | | ordinance with the duty to maintain public order and to enforce | 18 | | criminal laws or ordinances. | 19 | | "Net proceeds" means the gross receipts from the conduct of | 20 | | raffles, less
reasonable sums expended for prizes, local | 21 | | license fees and other reasonable
operating expenses incurred | 22 | | as a result of operating a raffle or poker run.
| 23 | | "Key location" means the location where the poker run | 24 | | concludes and the prize or prizes are awarded. |
| | | 10100HB3334ham001 | - 43 - | LRB101 05697 SMS 58525 a |
|
| 1 | | "Poker run" means a prize-awarding event organized by an | 2 | | organization licensed under this Act in which participants | 3 | | travel to multiple predetermined locations, including a key | 4 | | location, to play a randomized game based on an element of | 5 | | chance. "Poker run" includes dice runs, marble runs, or other | 6 | | events where the objective is to build the best hand or highest | 7 | | score by obtaining an item or playing a randomized game at each | 8 | | location. | 9 | | "Raffle" means a form of lottery, as defined in subsection | 10 | | (b) of Section 28-2 28-2(b) of the
Criminal Code of 2012, | 11 | | conducted by an organization licensed under this Act, in which:
| 12 | | (1) the player pays or agrees to pay something of value | 13 | | for a chance,
represented and differentiated by a number or | 14 | | by a combination of numbers
or by some other medium, one or | 15 | | more of which chances is to be designated
the winning | 16 | | chance; and
| 17 | | (2) the winning chance is to be determined through a | 18 | | drawing or by some
other method based on an element of | 19 | | chance by an act or set of acts on the
part of persons | 20 | | conducting or connected with the lottery, except that the
| 21 | | winning chance shall not be determined by the outcome of a | 22 | | publicly exhibited
sporting contest.
| 23 | | "Raffle" does not include any game designed to simulate: | 24 | | (1) gambling games as defined in the Riverboat Gambling Act, | 25 | | (2) any casino game approved for play by the Illinois Gaming | 26 | | Board, (3) any games provided by a video gaming terminal, as |
| | | 10100HB3334ham001 | - 44 - | LRB101 05697 SMS 58525 a |
|
| 1 | | defined in the Video Gaming Act, or (4) a savings promotion | 2 | | raffle authorized under Section 5g of the Illinois Banking Act, | 3 | | Section 7008 of the Savings Bank Act, Section 42.7 of the | 4 | | Illinois Credit Union Act, Section 5136B of the National Bank | 5 | | Act (12 U.S.C. 25a) , or Section 4 of the Home Owners' Loan Act | 6 | | (12 U.S.C. 1463) . | 7 | | (Source: P.A. 98-644, eff. 6-10-14; 99-149, eff. 1-1-16; | 8 | | 99-405, eff. 8-19-15; 99-642, eff. 7-28-16.)
| 9 | | (230 ILCS 15/2) (from Ch. 85, par. 2302)
| 10 | | Sec. 2. Licensing. | 11 | | (a) The governing body of any county or municipality
within | 12 | | this State may establish a system for the licensing of | 13 | | organizations
to operate raffles. The governing bodies of a | 14 | | county and one or more
municipalities may, pursuant to a | 15 | | written contract, jointly establish a
system for the licensing | 16 | | of organizations to operate raffles within any
area of | 17 | | contiguous territory not contained within the corporate limits | 18 | | of a
municipality which is not a party to such contract. The | 19 | | governing bodies
of two or more adjacent counties or two or | 20 | | more adjacent municipalities
located within a county may, | 21 | | pursuant to a written contract, jointly
establish a system for | 22 | | the licensing of organizations to operate raffles
within the | 23 | | corporate limits of such counties or municipalities. The
| 24 | | licensing authority may establish special categories of | 25 | | licenses and
promulgate rules relating to the various |
| | | 10100HB3334ham001 | - 45 - | LRB101 05697 SMS 58525 a |
|
| 1 | | categories. The licensing system
shall provide for limitations | 2 | | upon (1) the aggregate retail value of all
prizes or | 3 | | merchandise awarded by a licensee in a single raffle , if any , | 4 | | (2) the
maximum retail value of each prize awarded by a | 5 | | licensee in a single raffle , if any ,
(3) the maximum price | 6 | | which may be charged for each raffle chance issued
or sold , if | 7 | | any and (4) the maximum number of days during which chances may | 8 | | be issued
or sold , if any . The licensing system may include a | 9 | | fee for each license in an
amount to be determined by the local | 10 | | governing body. Licenses issued pursuant
to this Act shall be | 11 | | valid for one raffle or for a specified number of
raffles to be | 12 | | conducted during a specified period not to exceed one year
and | 13 | | may be suspended or revoked
for any violation of this Act. A | 14 | | local governing body shall act on a license
application within | 15 | | 30 days from the date of application. A Nothing in this
Act | 16 | | shall be construed to prohibit a county or municipality may | 17 | | adopt from adopting
rules or ordinances for the operation of | 18 | | raffles that are consistent with this Act. Raffles shall be | 19 | | licensed by the governing body of the municipality with | 20 | | jurisdiction over the key location or, if no municipality has | 21 | | jurisdiction over the key location, then by the governing body | 22 | | of the county with jurisdiction over the key location. A | 23 | | license shall authorize the holder of such license to sell | 24 | | raffle chances throughout the State, including beyond the | 25 | | borders of the licensing municipality or county. more | 26 | | restrictive
than provided for in this Act. Except for raffles |
| | | 10100HB3334ham001 | - 46 - | LRB101 05697 SMS 58525 a |
|
| 1 | | organized by law enforcement agencies and statewide | 2 | | associations that represent law enforcement officials as | 3 | | provided in Section 9 of this Act, the governing body of a | 4 | | municipality may
authorize the sale of raffle chances only | 5 | | within the borders of the
municipality. Except for raffles | 6 | | organized by law enforcement agencies and statewide | 7 | | associations that represent law enforcement officials as | 8 | | provided in Section 9, the governing body of the county may | 9 | | authorize the sale of
raffle chances only in those areas which | 10 | | are both within the borders of the
county and outside the | 11 | | borders of any municipality.
| 12 | | (a-5) The governing body of Cook County may and any other | 13 | | county within this State shall establish a system for the | 14 | | licensing of organizations to operate poker runs. The governing | 15 | | bodies of 2 or more adjacent counties may, pursuant to a | 16 | | written contract, jointly establish a system for the licensing | 17 | | of organizations to operate poker runs within the corporate | 18 | | limits of such counties. The licensing authority may establish | 19 | | special categories of licenses and adopt rules relating to the | 20 | | various categories. The licensing system may include a fee not | 21 | | to exceed $25 for each license. Licenses issued pursuant to | 22 | | this Act shall be valid for one poker run or for a specified | 23 | | number of poker runs to be conducted during a specified period | 24 | | not to exceed one year and may be suspended or revoked for any | 25 | | violation of this Act. A local governing body shall act on a | 26 | | license application within 30 days after the date of |
| | | 10100HB3334ham001 | - 47 - | LRB101 05697 SMS 58525 a |
|
| 1 | | application. | 2 | | (b) Raffle licenses shall be issued only to bona fide | 3 | | religious, charitable,
labor, business, fraternal, | 4 | | educational , or veterans' , or other bona fide not-for-profit | 5 | | organizations that
operate without profit to their members and | 6 | | which have been in existence
continuously for a period of 5 | 7 | | years immediately before making application
for a raffle | 8 | | license and which have had during that entire 5-year period | 9 | | been a bona
fide membership engaged in carrying out their | 10 | | objects, or to a non-profit
fundraising organization that the | 11 | | licensing authority determines is
organized for the sole | 12 | | purpose of providing financial assistance to an
identified | 13 | | individual or group of individuals suffering extreme financial
| 14 | | hardship as the result of an illness, disability, accident or | 15 | | disaster, or to any as well as law enforcement agencies and | 16 | | statewide associations that represent law enforcement | 17 | | officials as provided for in Section 9 of this Act . Poker run | 18 | | licenses shall be issued only to bona fide religious, | 19 | | charitable, labor, business, fraternal, educational, | 20 | | veterans', or other bona fide not-for-profit organizations | 21 | | that operate without profit to their members and which have | 22 | | been in existence continuously for a period of 5 years | 23 | | immediately before making application for a poker run license | 24 | | and which have had during that entire 5-year period been a bona | 25 | | fide membership engaged in carrying out their objects. Licenses | 26 | | for poker runs shall be issued for the following purposes: (i) |
| | | 10100HB3334ham001 | - 48 - | LRB101 05697 SMS 58525 a |
|
| 1 | | providing financial assistance to an identified individual or | 2 | | group of individuals suffering extreme financial hardship as | 3 | | the result of an illness, disability, accident, or disaster or | 4 | | (ii) to maintain the financial stability of the organization. A | 5 | | licensing authority may waive the 5-year requirement under this | 6 | | subsection (b) for a bona fide religious, charitable, labor, | 7 | | business, fraternal, educational, or veterans' organization | 8 | | that applies for a license to conduct a raffle or a poker run | 9 | | if the organization is a local organization that is affiliated | 10 | | with and chartered by a national or State organization that | 11 | | meets the 5-year requirement.
| 12 | | For purposes of this Act, the following definitions apply. | 13 | | Non-profit:
An organization or institution organized and | 14 | | conducted on a not-for-profit
basis with no personal profit | 15 | | inuring to any one as a result of the operation.
Charitable: An | 16 | | organization or institution organized and operated to benefit
| 17 | | an indefinite number of the public. The service rendered to | 18 | | those eligible
for benefits must also confer some benefit on | 19 | | the public. Educational:
An organization or institution | 20 | | organized and operated to provide systematic
instruction in | 21 | | useful branches of learning by methods common to schools
and | 22 | | institutions of learning which compare favorably in their scope | 23 | | and
intensity with the course of study presented in | 24 | | tax-supported schools.
Religious: Any church, congregation, | 25 | | society, or organization founded for
the purpose of religious | 26 | | worship. Fraternal: An organization of persons
having a common |
| | | 10100HB3334ham001 | - 49 - | LRB101 05697 SMS 58525 a |
|
| 1 | | interest, the primary interest of which is to both promote
the | 2 | | welfare of its members and to provide assistance to the general | 3 | | public
in such a way as to lessen the burdens of government by | 4 | | caring for those
that otherwise would be cared for by the | 5 | | government. Veterans: An organization
or association comprised | 6 | | of members of which substantially all are individuals
who are | 7 | | veterans or spouses, widows, or widowers of veterans, the | 8 | | primary
purpose of which is to promote the welfare of its | 9 | | members and to provide
assistance to the general public in such | 10 | | a way as to confer a public benefit.
Labor: An organization | 11 | | composed of workers organized with the objective
of betterment | 12 | | of the conditions of those engaged in such pursuit and the
| 13 | | development of a higher degree of efficiency in their | 14 | | respective occupations.
Business: A voluntary organization | 15 | | composed of individuals and businesses
who have joined together | 16 | | to advance the commercial, financial, industrial
and civic | 17 | | interests of a community.
| 18 | | (c) Poker runs shall be licensed by the county with | 19 | | jurisdiction over the key location. The license granted by the | 20 | | key location shall cover the entire poker run, including | 21 | | locations other than the key location. Each license issued | 22 | | shall include the name and address of each predetermined | 23 | | location. | 24 | | (Source: P.A. 99-405, eff. 8-19-15; 99-757, eff. 8-12-16; | 25 | | 100-201, eff. 8-18-17.)
|
| | | 10100HB3334ham001 | - 50 - | LRB101 05697 SMS 58525 a |
|
| 1 | | (230 ILCS 15/3) (from Ch. 85, par. 2303)
| 2 | | Sec. 3. License ; application; issuance; restrictions; | 3 | | persons ineligible - Application - Issuance - Restrictions - | 4 | | Persons
ineligible . Licenses issued by the governing body of | 5 | | any county or municipality are
subject to the following | 6 | | restrictions:
| 7 | | (1) No person, firm or corporation shall conduct | 8 | | raffles or chances or poker runs without
having first | 9 | | obtained a license therefor pursuant to this Act.
| 10 | | (2) The license and application for license must | 11 | | specify the location or locations at area or areas
within | 12 | | the licensing authority in which winning raffle chances in | 13 | | the raffle will be determined sold or issued or a poker run | 14 | | will be conducted ,
the time period during which raffle | 15 | | chances will be sold or issued or a poker run will be | 16 | | conducted, the
time or times of determination of winning | 17 | | chances and the location or locations at
which winning | 18 | | chances will be determined.
| 19 | | (3) The license application must contain a sworn | 20 | | statement attesting to
the not-for-profit character of the | 21 | | prospective licensee organization, signed
by the presiding | 22 | | officer and the secretary of that organization.
| 23 | | (4) The application for license shall be prepared in | 24 | | accordance with the
ordinance of the local governmental | 25 | | unit.
| 26 | | (5) A license authorizes the licensee to conduct |
| | | 10100HB3334ham001 | - 51 - | LRB101 05697 SMS 58525 a |
|
| 1 | | raffles or poker runs as defined in
this Act.
| 2 | | The following are ineligible for any license under this | 3 | | Act:
| 4 | | (a) any person whose felony conviction will impair the | 5 | | person's ability to engage in the licensed position;
| 6 | | (b) any person who is or has been a professional | 7 | | gambler or professional gambling promoter;
| 8 | | (c) any person who is not of good moral character;
| 9 | | (d) any organization firm or corporation in which a | 10 | | person defined in (a), (b) or (c)
has a proprietary, | 11 | | equitable or credit interest, or in which such a person
is | 12 | | active or employed;
| 13 | | (e) any organization in which a person defined in (a), | 14 | | (b) or (c) is an
officer, director, or employee, whether | 15 | | compensated or not; and
| 16 | | (f) any organization in which a person defined in (a), | 17 | | (b) or (c) is to
participate in the management or operation | 18 | | of a raffle as defined in this Act.
| 19 | | (Source: P.A. 100-286, eff. 1-1-18 .)
| 20 | | (230 ILCS 15/4) (from Ch. 85, par. 2304)
| 21 | | Sec. 4. Conduct of raffles and poker runs.
| 22 | | (a) The conducting of raffles and poker runs is subject to | 23 | | the following restrictions:
| 24 | | (1) The entire net proceeds of any raffle or poker run | 25 | | must be exclusively devoted
to the lawful purposes of the |
| | | 10100HB3334ham001 | - 52 - | LRB101 05697 SMS 58525 a |
|
| 1 | | organization permitted to conduct that game.
| 2 | | (2) No person except a bona fide director, officer, | 3 | | employee, or member of the sponsoring organization
may | 4 | | manage or participate in the management or operation of the | 5 | | raffle or poker run. (3) No person may receive any | 6 | | remuneration or profit for managing or participating
in the | 7 | | management or operation of the raffle or poker run. | 8 | | Sponsoring organizations may contract with third parties | 9 | | who, acting at the direction of and under the supervision | 10 | | of the sponsoring organization, provide bona fide services | 11 | | to the sponsoring organization in connection with the | 12 | | operation of a raffle and may pay reasonable compensation | 13 | | for such services. Such services include the following: (a) | 14 | | advertising, marketing and promotion, (b) legal, (c) | 15 | | procurement of goods, prizes, wares and merchandise for the | 16 | | purpose of operating the raffle, (d) rent, if the premises | 17 | | upon which the raffle will be held is rented, (e) | 18 | | accounting, auditing and bookkeeping, (f) website hosting, | 19 | | (g) mailing and delivery, (h) banking and payment | 20 | | processing, and (i) other services relating to the | 21 | | operation of the raffle.
| 22 | | (3) (4) A licensee may rent a premises on which to | 23 | | determine the winning
chance or chances in a raffle | 24 | | provided that the rent is not determined as a percentage of | 25 | | receipts or profits from the raffle. only from an | 26 | | organization which is also licensed
under this Act. A |
| | | 10100HB3334ham001 | - 53 - | LRB101 05697 SMS 58525 a |
|
| 1 | | premises where a poker run is held is not required to | 2 | | obtain a license if the name and location of the premises | 3 | | is listed as a predetermined location on the license issued | 4 | | for the poker run and the premises does not charge for use | 5 | | of the premises.
| 6 | | (4) (5) Raffle chances may be sold throughout the | 7 | | State, including beyond the borders of the licensing | 8 | | municipality or county. or issued only within the area | 9 | | specified
on the license and winning Winning chances may be | 10 | | determined only at those locations
specified on the license | 11 | | for a raffle.
| 12 | | (5) (6) A person under the age of 18 years may | 13 | | participate in the conducting
of raffles or chances or | 14 | | poker runs only with the permission of a parent or | 15 | | guardian.
A person under the age of 18 years may be within | 16 | | the area where winning chances in a raffle or winning hands | 17 | | or scores in a poker run
are being determined only when | 18 | | accompanied by his parent or guardian.
| 19 | | (b) If a lessor rents a premises where a winning chance or | 20 | | chances on a
raffle or a winning hand or score in a poker run is | 21 | | determined, the lessor shall not be criminally liable if the
| 22 | | person who uses the premises for the determining of winning | 23 | | chances does not
hold a license issued by the governing body of | 24 | | any county or municipality
under the provisions of this Act.
| 25 | | (Source: P.A. 98-644, eff. 6-10-14.)
|
| | | 10100HB3334ham001 | - 54 - | LRB101 05697 SMS 58525 a |
|
| 1 | | (230 ILCS 15/5) (from Ch. 85, par. 2305)
| 2 | | Sec. 5. Manager; bond. All management, operation , of and | 3 | | the conduct
of raffles shall be under the supervision of a | 4 | | single manager
designated by the organization. The manager | 5 | | shall give a fidelity bond in an
amount determined by the | 6 | | licensing authority in favor of the
organization conditioned | 7 | | upon his honesty in the performance of his duties.
Terms of the | 8 | | bond shall provide that notice shall be given in writing to the
| 9 | | licensing authority not less than 30 days prior to its | 10 | | cancellation. The
governing body of a local unit of government | 11 | | may waive this bond requirement by
including a waiver provision | 12 | | in the license issued to an organization under
this Act, | 13 | | provided that a license containing such waiver provision shall | 14 | | be
granted only by the affirmative unanimous vote of the | 15 | | requisite number of members of the licensed organization or, if | 16 | | the licensed organization does not have members, of members of | 17 | | the governing board of the organization, to constitute an | 18 | | affirmative action of the licensed organization . Nothing in | 19 | | this Section shall be deemed to apply to poker runs.
| 20 | | (Source: P.A. 98-644, eff. 6-10-14; 99-405, eff. 8-19-15.)
| 21 | | (230 ILCS 15/6) (from Ch. 85, par. 2306)
| 22 | | Sec. 6. Records. | 23 | | (a) Each organization licensed to conduct raffles and
| 24 | | chances or poker run events shall keep records of its gross | 25 | | receipts, expenses and net proceeds
for each single gathering |
| | | 10100HB3334ham001 | - 55 - | LRB101 05697 SMS 58525 a |
|
| 1 | | or occasion at which winning chances in a raffle or winning | 2 | | hands or scores in a poker run are determined.
All deductions | 3 | | from gross receipts for each single gathering or occasion
shall | 4 | | be documented with receipts or other records indicating the | 5 | | amount,
a description of the purchased item or service or other | 6 | | reason for the deduction,
and the recipient. The distribution | 7 | | of net proceeds shall be itemized as
to payee, purpose, amount | 8 | | and date of payment.
| 9 | | (b) Gross receipts from the operation of raffles programs | 10 | | or poker runs shall be segregated
from other revenues of the | 11 | | organization, including bingo gross receipts,
if bingo games | 12 | | are also conducted by the same nonprofit organization pursuant
| 13 | | to license therefor issued by the Department of Revenue of the | 14 | | State of
Illinois, and placed in a separate account. Each | 15 | | organization shall have
separate records of its raffles and | 16 | | poker runs. The person who accounts for gross receipts,
| 17 | | expenses and net proceeds from the operation of raffles or | 18 | | poker runs shall not be the
same person who accounts for other | 19 | | revenues of the organization.
| 20 | | (c) Each organization licensed to conduct raffles or poker | 21 | | runs shall report promptly
after the conclusion of each raffle | 22 | | or poker run runs
to its membership or, if the organization | 23 | | does not have members, to its governing board . Each | 24 | | organization licensed to conduct raffles shall report promptly | 25 | | to the licensing local unit of government its gross
receipts, | 26 | | expenses and net proceeds from the raffle, and the distribution |
| | | 10100HB3334ham001 | - 56 - | LRB101 05697 SMS 58525 a |
|
| 1 | | of
net proceeds itemized as required in this Section.
| 2 | | (d) Records required by this Section shall be preserved for | 3 | | 3 years, and
organizations shall make available their records | 4 | | relating to operation of
raffles or poker runs for public | 5 | | inspection at reasonable times and places.
| 6 | | (Source: P.A. 98-644, eff. 6-10-14; 99-405, eff. 8-19-15.)
| 7 | | (230 ILCS 15/8.1) (from Ch. 85, par. 2308.1)
| 8 | | Sec. 8.1. Political committees. | 9 | | (a) For the purposes of this Section
the terms defined in | 10 | | this subsection have the meanings given them.
| 11 | | "Net Proceeds" means the gross receipts from the conduct of | 12 | | raffles, less
reasonable sums expended for prizes, license fees | 13 | | and other reasonable
operating expenses incurred as a result of | 14 | | operating a raffle.
| 15 | | "Raffle" means a form of lottery, as defined in Section | 16 | | 28-2 (b) of the
Criminal Code of 2012, conducted by a political | 17 | | committee licensed under
this Section, in which:
| 18 | | (1) the player pays or agrees to pay something of value | 19 | | for a chance,
represented and differentiated by a number or | 20 | | by a combination of numbers
or by some other medium, one or | 21 | | more of which chances is to be designated
the winning | 22 | | chance; and
| 23 | | (2) the winning chance is to be determined through a | 24 | | drawing or by some
other method based on an element of | 25 | | chance by an act or set of acts on the
part of persons |
| | | 10100HB3334ham001 | - 57 - | LRB101 05697 SMS 58525 a |
|
| 1 | | conducting or connected with the lottery, except that the
| 2 | | winning chance shall not be determined by the outcome of a | 3 | | publicly exhibited
sporting contest.
| 4 | | "Unresolved claim" means a claim for civil penalty under | 5 | | Sections
9-3, 9-10, and 9-23
of The Election Code which has | 6 | | been begun by the State Board of Elections,
has been disputed | 7 | | by the political committee under the applicable rules of
the | 8 | | State Board of Elections, and has not been finally decided | 9 | | either by
the State Board of Elections, or, where application | 10 | | for review has been
made to the Courts of Illinois, remains | 11 | | finally undecided by the Courts.
| 12 | | "Owes" means that a political committee has been finally | 13 | | determined under
applicable rules of the State Board of | 14 | | Elections to be liable for a civil
penalty under Sections
9-3, | 15 | | 9-10, and 9-23 of The Election
Code.
| 16 | | (b) Licenses issued pursuant to this Section shall be valid | 17 | | for one
raffle or for a specified number of raffles to be | 18 | | conducted during a
specified period not to exceed one year and | 19 | | may be suspended or revoked for
any violation of this Section. | 20 | | The State Board of Elections shall act on a
license application | 21 | | within 30 days from the date of application.
| 22 | | (c) Licenses issued by the State Board of Elections are
| 23 | | subject to the following restrictions:
| 24 | | (1) No political committee shall conduct raffles or | 25 | | chances without
having first obtained a license therefor | 26 | | pursuant to this Section.
|
| | | 10100HB3334ham001 | - 58 - | LRB101 05697 SMS 58525 a |
|
| 1 | | (2) The application for license shall be prepared in | 2 | | accordance with
regulations of the State Board of Elections
| 3 | | and must specify the area or
areas within the State in | 4 | | which raffle chances will be sold or issued, the
time | 5 | | period during which raffle chances will be sold or issued, | 6 | | the time of
determination of winning chances and the | 7 | | location or locations at which
winning chances will be | 8 | | determined.
| 9 | | (3) A license authorizes the licensee to conduct | 10 | | raffles as defined in
this Section.
| 11 | | The following are ineligible for any license under this | 12 | | Section:
| 13 | | (i) any political committee which has an officer | 14 | | who has been
convicted of a felony;
| 15 | | (ii) any political committee which has an officer | 16 | | who is or has been a
professional gambler or gambling | 17 | | promoter;
| 18 | | (iii) any political committee which has an officer | 19 | | who is not of good
moral character;
| 20 | | (iv) any political committee which has an officer | 21 | | who is also an officer
of a firm or corporation in | 22 | | which a person defined in (i), (ii) or (iii)
has a | 23 | | proprietary, equitable or credit interest, or in which | 24 | | such a person
is active or employed;
| 25 | | (v) any political committee in which a person | 26 | | defined in (i), (ii) or
(iii) is an officer, director, |
| | | 10100HB3334ham001 | - 59 - | LRB101 05697 SMS 58525 a |
|
| 1 | | or employee, whether compensated or not;
| 2 | | (vi) any political committee in which a person | 3 | | defined in (i), (ii) or
(iii) is to participate in the | 4 | | management or operation of a raffle as
defined in this | 5 | | Section;
| 6 | | (vii) any committee which, at the time of its | 7 | | application for a
license to conduct a raffle, owes the | 8 | | State Board of Elections any unpaid
civil penalty | 9 | | authorized by Sections
9-3, 9-10, and 9-23 of
The | 10 | | Election Code, or is the
subject of an unresolved claim | 11 | | for a civil penalty under Sections
9-3, 9-10, and 9-23 | 12 | | of
The Election Code;
| 13 | | (viii) any political committee which, at the time | 14 | | of its application
to conduct a raffle, has not | 15 | | submitted any report or document required to
be filed | 16 | | by Article 9 of The Election Code and such report or | 17 | | document is
more than 10 days overdue.
| 18 | | (d) (1) The conducting of raffles is subject
to the | 19 | | following restrictions:
| 20 | | (i) The entire net proceeds of any raffle must be | 21 | | exclusively devoted
to the lawful purposes of the | 22 | | political committee permitted to conduct that
game.
| 23 | | (ii) No person except a bona fide member of the | 24 | | political committee
may participate in the management | 25 | | or operation of the raffle.
| 26 | | (iii) No person may receive any remuneration or |
| | | 10100HB3334ham001 | - 60 - | LRB101 05697 SMS 58525 a |
|
| 1 | | profit for participating
in the management or | 2 | | operation of the raffle.
| 3 | | (iv) Raffle chances may be sold or issued only | 4 | | within the area specified
on the license and winning | 5 | | chances may be determined only at those locations
| 6 | | specified on the license.
| 7 | | (v) A person under the age of 18 years may | 8 | | participate in the conducting
of raffles or chances | 9 | | only with the permission of a parent or guardian.
A | 10 | | person under the age of 18 years may be within
the area | 11 | | where winning chances are being determined only when | 12 | | accompanied
by his parent or guardian.
| 13 | | (2) If a lessor rents a premises where a winning chance | 14 | | or chances on a
raffle are determined, the lessor shall not | 15 | | be criminally liable if the
person who uses the premises | 16 | | for the determining of winning chances does not
hold a | 17 | | license issued under the provisions
of this Section.
| 18 | | (e) (1) Each political committee licensed to conduct | 19 | | raffles and
chances shall keep records of its gross | 20 | | receipts, expenses and net proceeds
for each single | 21 | | gathering or occasion at which winning chances are | 22 | | determined.
All deductions from gross receipts for each | 23 | | single gathering or occasion
shall be documented with | 24 | | receipts or other records indicating the amount,
a | 25 | | description of the purchased item or service or other | 26 | | reason for the
deduction, and the recipient. The |
| | | 10100HB3334ham001 | - 61 - | LRB101 05697 SMS 58525 a |
|
| 1 | | distribution of net proceeds shall be
itemized as to payee, | 2 | | purpose, amount and date of payment.
| 3 | | (2) Each political committee licensed to conduct | 4 | | raffles shall report
on the next report due to be filed | 5 | | under Article 9 of The Election Code
its gross receipts, | 6 | | expenses and net proceeds
from raffles, and the | 7 | | distribution of net proceeds itemized as required in
this | 8 | | subsection.
| 9 | | Such reports shall be included in the regular reports | 10 | | required of
political committees by Article 9 of The Election | 11 | | Code.
| 12 | | (3) Records required by this subsection shall be | 13 | | preserved for 3 years,
and political committees shall make | 14 | | available their records relating to
operation of raffles | 15 | | for public inspection at reasonable times and places.
| 16 | | (f) Violation of any provision of this Section is a Class
C | 17 | | misdemeanor.
| 18 | | (g) Nothing in this Section shall be construed to authorize | 19 | | the conducting
or operating of any gambling scheme, enterprise, | 20 | | activity or device other
than raffles as provided for herein.
| 21 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-756, eff. 7-16-14.)
| 22 | | (230 ILCS 15/9 rep.) | 23 | | Section 15. The Raffles and Poker Runs Act is amended by | 24 | | repealing Section 9. |
| | | 10100HB3334ham001 | - 62 - | LRB101 05697 SMS 58525 a |
|
| 1 | | Section 20. The Criminal Code of 2012 is amended by | 2 | | changing Section 28-1 as follows:
| 3 | | (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
| 4 | | Sec. 28-1. Gambling.
| 5 | | (a) A person commits gambling when he or she:
| 6 | | (1) knowingly plays a game of chance or skill for money | 7 | | or other thing of
value, unless excepted in subsection (b) | 8 | | of this Section;
| 9 | | (2) knowingly makes a wager upon the result of any | 10 | | game, contest, or any
political nomination, appointment or | 11 | | election;
| 12 | | (3) knowingly operates, keeps, owns, uses, purchases, | 13 | | exhibits, rents, sells,
bargains for the sale or lease of, | 14 | | manufactures or distributes any
gambling device;
| 15 | | (4) contracts to have or give himself or herself or | 16 | | another the option to buy
or sell, or contracts to buy or | 17 | | sell, at a future time, any grain or
other commodity | 18 | | whatsoever, or any stock or security of any company,
where | 19 | | it is at the time of making such contract intended by both | 20 | | parties
thereto that the contract to buy or sell, or the | 21 | | option, whenever
exercised, or the contract resulting | 22 | | therefrom, shall be settled, not by
the receipt or delivery | 23 | | of such property, but by the payment only of
differences in | 24 | | prices thereof; however, the issuance, purchase, sale,
| 25 | | exercise, endorsement or guarantee, by or through a person |
| | | 10100HB3334ham001 | - 63 - | LRB101 05697 SMS 58525 a |
|
| 1 | | registered
with the Secretary of State pursuant to Section | 2 | | 8 of the Illinois
Securities Law of 1953, or by or through | 3 | | a person exempt from such
registration under said Section | 4 | | 8, of a put, call, or other option to
buy or sell | 5 | | securities which have been registered with the Secretary of
| 6 | | State or which are exempt from such registration under | 7 | | Section 3 of the
Illinois Securities Law of 1953 is not | 8 | | gambling within the meaning of
this paragraph (4);
| 9 | | (5) knowingly owns or possesses any book, instrument or | 10 | | apparatus by
means of which bets or wagers have been, or | 11 | | are, recorded or registered,
or knowingly possesses any | 12 | | money which he has received in the course of
a bet or | 13 | | wager;
| 14 | | (6) knowingly sells pools upon the result of any game | 15 | | or contest of skill or
chance, political nomination, | 16 | | appointment or election;
| 17 | | (7) knowingly sets up or promotes any lottery or sells, | 18 | | offers to sell or
transfers any ticket or share for any | 19 | | lottery;
| 20 | | (8) knowingly sets up or promotes any policy game or | 21 | | sells, offers to sell or
knowingly possesses or transfers | 22 | | any policy ticket, slip, record,
document or other similar | 23 | | device;
| 24 | | (9) knowingly drafts, prints or publishes any lottery | 25 | | ticket or share,
or any policy ticket, slip, record, | 26 | | document or similar device, except for
such activity |
| | | 10100HB3334ham001 | - 64 - | LRB101 05697 SMS 58525 a |
|
| 1 | | related to lotteries, bingo games and raffles authorized by
| 2 | | and conducted in accordance with the laws of Illinois or | 3 | | any other state or
foreign government;
| 4 | | (10) knowingly advertises any lottery or policy game, | 5 | | except for such
activity related to lotteries, bingo games | 6 | | and raffles authorized by and
conducted in accordance with | 7 | | the laws of Illinois or any other state;
| 8 | | (11) knowingly transmits information as to wagers, | 9 | | betting odds, or
changes in betting odds by telephone, | 10 | | telegraph, radio, semaphore or
similar means; or knowingly | 11 | | installs or maintains equipment for the
transmission or | 12 | | receipt of such information; except that nothing in this
| 13 | | subdivision (11) prohibits transmission or receipt of such | 14 | | information
for use in news reporting of sporting events or | 15 | | contests; or
| 16 | | (12) knowingly establishes, maintains, or operates an | 17 | | Internet site that
permits a person to play a game of
| 18 | | chance or skill for money or other thing of value by means | 19 | | of the Internet or
to make a wager upon the
result of any | 20 | | game, contest, political nomination, appointment, or
| 21 | | election by means of the Internet. This item (12) does not | 22 | | apply to activities referenced in items (6) , and (6.1) , | 23 | | (8), and (8.1) of subsection (b) of this Section.
| 24 | | (b) Participants in any of the following activities shall | 25 | | not be
convicted of gambling:
| 26 | | (1) Agreements to compensate for loss caused by the |
| | | 10100HB3334ham001 | - 65 - | LRB101 05697 SMS 58525 a |
|
| 1 | | happening of
chance including without limitation contracts | 2 | | of indemnity or guaranty
and life or health or accident | 3 | | insurance.
| 4 | | (2) Offers of prizes, award or compensation to the | 5 | | actual
contestants in any bona fide contest for the | 6 | | determination of skill,
speed, strength or endurance or to | 7 | | the owners of animals or vehicles
entered in such contest.
| 8 | | (3) Pari-mutuel betting as authorized by the law of | 9 | | this State.
| 10 | | (4) Manufacture of gambling devices, including the | 11 | | acquisition of
essential parts therefor and the assembly | 12 | | thereof, for transportation in
interstate or foreign | 13 | | commerce to any place outside this State when such
| 14 | | transportation is not prohibited by any applicable Federal | 15 | | law; or the
manufacture, distribution, or possession of | 16 | | video gaming terminals, as
defined in the Video Gaming Act, | 17 | | by manufacturers, distributors, and
terminal operators | 18 | | licensed to do so under the Video Gaming Act.
| 19 | | (5) The game commonly known as "bingo", when conducted | 20 | | in accordance
with the Bingo License and Tax Act.
| 21 | | (6) Lotteries when conducted by the State of Illinois | 22 | | in accordance
with the Illinois Lottery Law. This exemption | 23 | | includes any activity conducted by the Department of | 24 | | Revenue to sell lottery tickets pursuant to the provisions | 25 | | of the Illinois Lottery Law and its rules.
| 26 | | (6.1) The purchase of lottery tickets through the |
| | | 10100HB3334ham001 | - 66 - | LRB101 05697 SMS 58525 a |
|
| 1 | | Internet for a lottery conducted by the State of Illinois | 2 | | under the program established in Section 7.12 of the | 3 | | Illinois Lottery Law.
| 4 | | (7) Possession of an antique slot machine that is | 5 | | neither used nor
intended to be used in the operation or | 6 | | promotion of any unlawful
gambling activity or enterprise. | 7 | | For the purpose of this subparagraph
(b)(7), an antique | 8 | | slot machine is one manufactured 25 years ago or earlier.
| 9 | | (8) Raffles and poker runs when conducted in accordance | 10 | | with the Raffles and Poker Runs Act.
| 11 | | (8.1) The purchase of raffle chances for a raffle | 12 | | conducted in accordance with the Raffles and Poker Runs | 13 | | Act. | 14 | | (9) Charitable games when conducted in accordance with | 15 | | the Charitable
Games Act.
| 16 | | (10) Pull tabs and jar games when conducted under the | 17 | | Illinois Pull
Tabs and Jar Games Act.
| 18 | | (11) Gambling games conducted on riverboats when
| 19 | | authorized by the Riverboat Gambling Act.
| 20 | | (12) Video gaming terminal games at a licensed | 21 | | establishment, licensed truck stop establishment,
licensed
| 22 | | fraternal establishment, or licensed veterans | 23 | | establishment when
conducted in accordance with the Video | 24 | | Gaming Act. | 25 | | (13) Games of skill or chance where money or other | 26 | | things of value can be won but no payment or purchase is |
| | | 10100HB3334ham001 | - 67 - | LRB101 05697 SMS 58525 a |
|
| 1 | | required to participate. | 2 | | (14) Savings promotion raffles authorized under | 3 | | Section 5g of the Illinois Banking Act, Section 7008 of the | 4 | | Savings Bank Act, Section 42.7 of the Illinois Credit Union | 5 | | Act, Section 5136B of the National Bank Act (12 U.S.C. | 6 | | 25a), or Section 4 of the Home Owners' Loan Act (12 U.S.C. | 7 | | 1463). | 8 | | (c) Sentence.
| 9 | | Gambling is a
Class A misdemeanor. A second or
subsequent | 10 | | conviction under subsections (a)(3) through (a)(12),
is a Class | 11 | | 4 felony.
| 12 | | (d) Circumstantial evidence.
| 13 | | In prosecutions under
this
Section circumstantial evidence | 14 | | shall have the same validity and weight as
in any criminal | 15 | | prosecution.
| 16 | | (Source: P.A. 98-644, eff. 6-10-14; 99-149, eff. 1-1-16 .)
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.".
|
|