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91_HB2907
LRB9108998LDmbD
1 AN ACT in relation to gambling, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Lottery Law is amended by
5 changing Section 15 as follows:
6 (20 ILCS 1605/15) (from Ch. 120, par. 1165)
7 Sec. 15. No person minor under 21 18 years of age shall
8 buy a lottery ticket or share. No person shall sell,
9 distribute samples of, or furnish a lottery ticket or share
10 to any person minor under 21 18 years of age, buy a lottery
11 ticket or share for any person minor under 21 18 years of
12 age, or aid and abet in the purchase of lottery tickets or
13 shares by a person minor under 21 18 years of age.
14 No ticket or share shall be purchased by, and no prize
15 shall be paid to any of the following persons: any member of
16 the Board or any officer or other person employed by the
17 Board or by the Department; any spouse, child, brother,
18 sister or parent residing as a member of the same household
19 in the principal place of abode of any such persons; or any
20 person minor under 21 18 years of age.
21 Any violation of this Section by a person other than a
22 purchaser who is not at least 21 years of age the purchasing
23 minor shall be a Class B misdemeanor; provided, that if any
24 violation of this Section is a subsequent violation, the
25 offender shall be guilty of a Class 4 felony.
26 Notwithstanding any provision to the contrary, a violation of
27 this Section by a person minor under 21 18 years of age shall
28 be a petty offense.
29 (Source: P.A. 90-346, eff. 8-8-97.)
30 Section 7. The State Finance Act is amended by adding
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1 Section 5.540 as follows:
2 (30 ILCS 105/5.540 new)
3 Sec. 5.540. The Gambling Health and Welfare Fund.
4 Section 10. The University of Illinois Act is amended by
5 adding Section 12.5 as follows:
6 (110 ILCS 305/12.5 new)
7 Sec. 12.5. Study of gambling-related crime. Each year
8 the University of Illinois at Champaign shall conduct a study
9 tracking gambling-related crime in Illinois. The University
10 of Illinois at Champaign shall report its findings to the
11 General Assembly on January 1, 2001 and annually thereafter.
12 Section 13. The Electronic Fund Transfer Act is amended
13 by adding Section 98 as follows:
14 (205 ILCS 616/98 new)
15 Sec. 98. Prohibition of terminals near gambling
16 locations. No financial institution shall install or operate
17 a terminal that accepts or dispenses cash in connection with
18 a credit, deposit, or convenience account within 1,000 feet
19 of any racetrack or inter-track wagering facility licensed
20 under the Illinois Horse Racing Act of 1975 or within 1,000
21 feet of the dock of any riverboat licensed under the
22 Riverboat Gambling Act.
23 Section 15. The Illinois Horse Racing Act of 1975 is
24 amended by changing Section 26 and adding Sections 34.2,
25 34.3, and 35.1 as follows:
26 (230 ILCS 5/26) (from Ch. 8, par. 37-26)
27 Sec. 26. Wagering.
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1 (a) Any licensee may conduct and supervise the
2 pari-mutuel system of wagering, as defined in Section 3.12 of
3 this Act, on horse races conducted by an Illinois
4 organization licensee or conducted at a racetrack located in
5 another state or country and televised in Illinois in
6 accordance with subsection (g) of Section 26 of this Act.
7 Subject to the prior consent of the Board, licensees may
8 supplement any pari-mutuel pool in order to guarantee a
9 minimum distribution. Such pari-mutuel method of wagering
10 shall not, under any circumstances if conducted under the
11 provisions of this Act, be held or construed to be unlawful,
12 other statutes of this State to the contrary notwithstanding.
13 Subject to rules for advance wagering promulgated by the
14 Board, any licensee may accept wagers in advance of the day
15 of the race wagered upon occurs.
16 (b) No other method of betting, pool making, wagering or
17 gambling shall be used or permitted by the licensee. Each
18 licensee may retain, subject to the payment of all applicable
19 taxes and purses, an amount not to exceed 17% of all money
20 wagered under subsection (a) of this Section, except as may
21 otherwise be permitted under this Act.
22 (b-5) An individual may place a wager under the
23 pari-mutuel system from any licensed location authorized
24 under this Act provided that wager is electronically recorded
25 in the manner described in Section 3.12 of this Act. Any
26 wager made electronically by an individual while physically
27 on the premises of a licensee shall be deemed to have been
28 made at the premises of that licensee.
29 (c) Until January 1, 2000, the sum held by any licensee
30 for payment of outstanding pari-mutuel tickets, if unclaimed
31 prior to December 31 of the next year, shall be retained by
32 the licensee for payment of such tickets until that date.
33 Within 10 days thereafter, the balance of such sum remaining
34 unclaimed, less any uncashed supplements contributed by such
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1 licensee for the purpose of guaranteeing minimum
2 distributions of any pari-mutuel pool, shall be paid to the
3 Illinois Veterans' Rehabilitation Fund of the State treasury,
4 except as provided in subsection (g) of Section 27 of this
5 Act.
6 (c-5) Beginning January 1, 2000, the sum held by any
7 licensee for payment of outstanding pari-mutuel tickets, if
8 unclaimed prior to December 31 of the next year, shall be
9 retained by the licensee for payment of such tickets until
10 that date. Within 10 days thereafter, the balance of such
11 sum remaining unclaimed, less any uncashed supplements
12 contributed by such licensee for the purpose of guaranteeing
13 minimum distributions of any pari-mutuel pool, shall be
14 evenly distributed to the purse account of the organization
15 licensee and the organization licensee.
16 (d) A pari-mutuel ticket shall be honored until December
17 31 of the next calendar year, and the licensee shall pay the
18 same and may charge the amount thereof against unpaid money
19 similarly accumulated on account of pari-mutuel tickets not
20 presented for payment.
21 (e) No licensee shall knowingly permit any minor, other
22 than an employee of such licensee or an owner, trainer,
23 jockey, driver, or employee thereof, to be admitted during a
24 racing program unless accompanied by a parent or guardian, or
25 any person who is not at least 21 years of age to be a patron
26 of the pari-mutuel system of wagering conducted or supervised
27 by it. The admission of any unaccompanied minor, other than
28 an employee of the licensee or an owner, trainer, jockey,
29 driver, or employee thereof at a race track is a Class C
30 misdemeanor.
31 (f) Notwithstanding the other provisions of this Act, an
32 organization licensee may contract with an entity in another
33 state or country to permit any legal wagering entity in
34 another state or country to accept wagers solely within such
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1 other state or country on races conducted by the organization
2 licensee in this State. Beginning January 1, 2000, these
3 wagers shall not be subject to State taxation. Until January
4 1, 2000, when the out-of-State entity conducts a pari-mutuel
5 pool separate from the organization licensee, a privilege tax
6 equal to 7 1/2% of all monies received by the organization
7 licensee from entities in other states or countries pursuant
8 to such contracts is imposed on the organization licensee,
9 and such privilege tax shall be remitted to the Department of
10 Revenue within 48 hours of receipt of the moneys from the
11 simulcast. When the out-of-State entity conducts a combined
12 pari-mutuel pool with the organization licensee, the tax
13 shall be 10% of all monies received by the organization
14 licensee with 25% of the receipts from this 10% tax to be
15 distributed to the county in which the race was conducted.
16 An organization licensee may permit one or more of its
17 races to be utilized for pari-mutuel wagering at one or more
18 locations in other states and may transmit audio and visual
19 signals of races the organization licensee conducts to one or
20 more locations outside the State or country and may also
21 permit pari-mutuel pools in other states or countries to be
22 combined with its gross or net wagering pools or with
23 wagering pools established by other states.
24 (g) A host track may accept interstate simulcast wagers
25 on horse races conducted in other states or countries and
26 shall control the number of signals and types of breeds of
27 racing in its simulcast program, subject to the disapproval
28 of the Board. The Board may prohibit a simulcast program
29 only if it finds that the simulcast program is clearly
30 adverse to the integrity of racing. The host track simulcast
31 program shall include the signal of live racing of all
32 organization licensees. All non-host licensees shall carry
33 the host track simulcast program and accept wagers on all
34 races included as part of the simulcast program upon which
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1 wagering is permitted. The costs and expenses of the host
2 track and non-host licensees associated with interstate
3 simulcast wagering, other than the interstate commission fee,
4 shall be borne by the host track and all non-host licensees
5 incurring these costs. The interstate commission fee shall
6 not exceed 5% of Illinois handle on the interstate simulcast
7 race or races without prior approval of the Board. The Board
8 shall promulgate rules under which it may permit interstate
9 commission fees in excess of 5%. The interstate commission
10 fee and other fees charged by the sending racetrack,
11 including, but not limited to, satellite decoder fees, shall
12 be uniformly applied to the host track and all non-host
13 licensees.
14 (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
15 intertrack wagering licensee other than the host track
16 may supplement the host track simulcast program with
17 additional simulcast races or race programs, provided
18 that between January 1 and the third Friday in February
19 of any year, inclusive, if no live thoroughbred racing is
20 occurring in Illinois during this period, only
21 thoroughbred races may be used for supplemental
22 interstate simulcast purposes. The Board shall withhold
23 approval for a supplemental interstate simulcast only if
24 it finds that the simulcast is clearly adverse to the
25 integrity of racing. A supplemental interstate simulcast
26 may be transmitted from an intertrack wagering licensee
27 to its affiliated non-host licensees. The interstate
28 commission fee for a supplemental interstate simulcast
29 shall be paid by the non-host licensee and its affiliated
30 non-host licensees receiving the simulcast.
31 (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
32 intertrack wagering licensee other than the host track
33 may receive supplemental interstate simulcasts only with
34 the consent of the host track, except when the Board
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1 finds that the simulcast is clearly adverse to the
2 integrity of racing. Consent granted under this
3 paragraph (2) to any intertrack wagering licensee shall
4 be deemed consent to all non-host licensees. The
5 interstate commission fee for the supplemental interstate
6 simulcast shall be paid by all participating non-host
7 licensees.
8 (3) Each licensee conducting interstate simulcast
9 wagering may retain, subject to the payment of all
10 applicable taxes and the purses, an amount not to exceed
11 17% of all money wagered. If any licensee conducts the
12 pari-mutuel system wagering on races conducted at
13 racetracks in another state or country, each such race or
14 race program shall be considered a separate racing day
15 for the purpose of determining the daily handle and
16 computing the privilege tax of that daily handle as
17 provided in subsection (a) of Section 27. Until January
18 1, 2000, from the sums permitted to be retained pursuant
19 to this subsection, each intertrack wagering location
20 licensee shall pay 1% of the pari-mutuel handle wagered
21 on simulcast wagering to the Horse Racing Tax Allocation
22 Fund, subject to the provisions of subparagraph (B) of
23 paragraph (11) of subsection (h) of Section 26 of this
24 Act.
25 (4) A licensee who receives an interstate simulcast
26 may combine its gross or net pools with pools at the
27 sending racetracks pursuant to rules established by the
28 Board. All licensees combining their gross pools at a
29 sending racetrack shall adopt the take-out percentages of
30 the sending racetrack. A licensee may also establish a
31 separate pool and takeout structure for wagering purposes
32 on races conducted at race tracks outside of the State of
33 Illinois. The licensee may permit pari-mutuel wagers
34 placed in other states or countries to be combined with
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1 its gross or net wagering pools or other wagering pools.
2 (5) After the payment of the interstate commission
3 fee (except for the interstate commission fee on a
4 supplemental interstate simulcast, which shall be paid by
5 the host track and by each non-host licensee through the
6 host-track) and all applicable State and local taxes,
7 except as provided in subsection (g) of Section 27 of
8 this Act, the remainder of moneys retained from simulcast
9 wagering pursuant to this subsection (g), and Section
10 26.2 shall be divided as follows:
11 (A) For interstate simulcast wagers made at a
12 host track, 50% to the host track and 50% to purses
13 at the host track.
14 (B) For wagers placed on interstate simulcast
15 races, supplemental simulcasts as defined in
16 subparagraphs (1) and (2), and separately pooled
17 races conducted outside of the State of Illinois
18 made at a non-host licensee, 25% to the host track,
19 25% to the non-host licensee, and 50% to the purses
20 at the host track.
21 (6) Notwithstanding any provision in this Act to
22 the contrary, non-host licensees who derive their
23 licenses from a track located in a county with a
24 population in excess of 230,000 and that borders the
25 Mississippi River may receive supplemental interstate
26 simulcast races at all times subject to Board approval,
27 which shall be withheld only upon a finding that a
28 supplemental interstate simulcast is clearly adverse to
29 the integrity of racing.
30 (7) Notwithstanding any provision of this Act to
31 the contrary, after payment of all applicable State and
32 local taxes and interstate commission fees, non-host
33 licensees who derive their licenses from a track located
34 in a county with a population in excess of 230,000 and
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1 that borders the Mississippi River shall retain 50% of
2 the retention from interstate simulcast wagers and shall
3 pay 50% to purses at the track from which the non-host
4 licensee derives its license as follows:
5 (A) Between January 1 and the third Friday in
6 February, inclusive, if no live thoroughbred racing
7 is occurring in Illinois during this period, when
8 the interstate simulcast is a standardbred race, the
9 purse share to its standardbred purse account;
10 (B) Between January 1 and the third Friday in
11 February, inclusive, if no live thoroughbred racing
12 is occurring in Illinois during this period, and the
13 interstate simulcast is a thoroughbred race, the
14 purse share to its interstate simulcast purse pool
15 to be distributed under paragraph (10) of this
16 subsection (g);
17 (C) Between January 1 and the third Friday in
18 February, inclusive, if live thoroughbred racing is
19 occurring in Illinois, between 6:30 a.m. and 6:30
20 p.m. the purse share from wagers made during this
21 time period to its thoroughbred purse account and
22 between 6:30 p.m. and 6:30 a.m. the purse share from
23 wagers made during this time period to its
24 standardbred purse accounts;
25 (D) Between the third Saturday in February and
26 December 31, when the interstate simulcast occurs
27 between the hours of 6:30 a.m. and 6:30 p.m., the
28 purse share to its thoroughbred purse account;
29 (E) Between the third Saturday in February and
30 December 31, when the interstate simulcast occurs
31 between the hours of 6:30 p.m. and 6:30 a.m., the
32 purse share to its standardbred purse account.
33 (8) Notwithstanding any provision in this Act to
34 the contrary, an organization licensee from a track
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1 located in a county with a population in excess of
2 230,000 and that borders the Mississippi River and its
3 affiliated non-host licensees shall not be entitled to
4 share in any retention generated on racing, inter-track
5 wagering, or simulcast wagering at any other Illinois
6 wagering facility.
7 (8.1) Notwithstanding any provisions in this Act to
8 the contrary, if 2 organization licensees are conducting
9 standardbred race meetings concurrently between the hours
10 of 6:30 p.m. and 6:30 a.m., after payment of all
11 applicable State and local taxes and interstate
12 commission fees, the remainder of the amount retained
13 from simulcast wagering otherwise attributable to the
14 host track and to host track purses shall be split daily
15 between the 2 organization licensees and the purses at
16 the tracks of the 2 organization licensees, respectively,
17 based on each organization licensee's share of the total
18 live handle for that day, provided that this provision
19 shall not apply to any non-host licensee that derives its
20 license from a track located in a county with a
21 population in excess of 230,000 and that borders the
22 Mississippi River.
23 (9) (Blank).
24 (10) (Blank).
25 (11) (Blank).
26 (12) The Board shall have authority to compel all
27 host tracks to receive the simulcast of any or all races
28 conducted at the Springfield or DuQuoin State fairgrounds
29 and include all such races as part of their simulcast
30 programs.
31 (13) Notwithstanding any other provision of this
32 Act, in the event that the total Illinois pari-mutuel
33 handle on Illinois horse races at all wagering facilities
34 in any calendar year is less than 75% of the total
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1 Illinois pari-mutuel handle on Illinois horse races at
2 all such wagering facilities for calendar year 1994, then
3 each wagering facility that has an annual total Illinois
4 pari-mutuel handle on Illinois horse races that is less
5 than 75% of the total Illinois pari-mutuel handle on
6 Illinois horse races at such wagering facility for
7 calendar year 1994, shall be permitted to receive, from
8 any amount otherwise payable to the purse account at the
9 race track with which the wagering facility is affiliated
10 in the succeeding calendar year, an amount equal to 2% of
11 the differential in total Illinois pari-mutuel handle on
12 Illinois horse races at the wagering facility between
13 that calendar year in question and 1994 provided,
14 however, that a wagering facility shall not be entitled
15 to any such payment until the Board certifies in writing
16 to the wagering facility the amount to which the wagering
17 facility is entitled and a schedule for payment of the
18 amount to the wagering facility, based on: (i) the racing
19 dates awarded to the race track affiliated with the
20 wagering facility during the succeeding year; (ii) the
21 sums available or anticipated to be available in the
22 purse account of the race track affiliated with the
23 wagering facility for purses during the succeeding year;
24 and (iii) the need to ensure reasonable purse levels
25 during the payment period. The Board's certification
26 shall be provided no later than January 31 of the
27 succeeding year. In the event a wagering facility
28 entitled to a payment under this paragraph (13) is
29 affiliated with a race track that maintains purse
30 accounts for both standardbred and thoroughbred racing,
31 the amount to be paid to the wagering facility shall be
32 divided between each purse account pro rata, based on the
33 amount of Illinois handle on Illinois standardbred and
34 thoroughbred racing respectively at the wagering facility
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1 during the previous calendar year. Annually, the General
2 Assembly shall appropriate sufficient funds from the
3 General Revenue Fund to the Department of Agriculture for
4 payment into the thoroughbred and standardbred horse
5 racing purse accounts at Illinois pari-mutuel tracks.
6 The amount paid to each purse account shall be the amount
7 certified by the Illinois Racing Board in January to be
8 transferred from each account to each eligible racing
9 facility in accordance with the provisions of this
10 Section.
11 (h) The Board may approve and license the conduct of
12 inter-track wagering and simulcast wagering by inter-track
13 wagering licensees and inter-track wagering location
14 licensees subject to the following terms and conditions:
15 (1) Any person licensed to conduct a race meeting
16 at a track where 60 or more days of racing were conducted
17 during the immediately preceding calendar year or where
18 over the 5 immediately preceding calendar years an
19 average of 30 or more days of racing were conducted
20 annually or at a track located in a county that is
21 bounded by the Mississippi River, which has a population
22 of less than 150,000 according to the 1990 decennial
23 census, and an average of at least 60 days of racing per
24 year between 1985 and 1993 may be issued an inter-track
25 wagering license. Any such person having operating
26 control of the racing facility may also receive up to 6
27 inter-track wagering location licenses. In no event shall
28 more than 6 inter-track wagering locations be established
29 for each eligible race track, except that an eligible
30 race track located in a county that has a population of
31 more than 230,000 and that is bounded by the Mississippi
32 River may establish up to 7 inter-track wagering
33 locations. An application for said license shall be filed
34 with the Board prior to such dates as may be fixed by the
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1 Board. With an application for an inter-track wagering
2 location license there shall be delivered to the Board a
3 certified check or bank draft payable to the order of the
4 Board for an amount equal to $500. The application shall
5 be on forms prescribed and furnished by the Board. The
6 application shall comply with all other rules,
7 regulations and conditions imposed by the Board in
8 connection therewith.
9 (2) The Board shall examine the applications with
10 respect to their conformity with this Act and the rules
11 and regulations imposed by the Board. If found to be in
12 compliance with the Act and rules and regulations of the
13 Board, the Board may then issue a license to conduct
14 inter-track wagering and simulcast wagering to such
15 applicant. All such applications shall be acted upon by
16 the Board at a meeting to be held on such date as may be
17 fixed by the Board.
18 (3) In granting licenses to conduct inter-track
19 wagering and simulcast wagering, the Board shall give due
20 consideration to the best interests of the public, of
21 horse racing, and of maximizing revenue to the State.
22 (4) Prior to the issuance of a license to conduct
23 inter-track wagering and simulcast wagering, the
24 applicant shall file with the Board a bond payable to the
25 State of Illinois in the sum of $50,000, executed by the
26 applicant and a surety company or companies authorized to
27 do business in this State, and conditioned upon (i) the
28 payment by the licensee of all taxes due under Section 27
29 or 27.1 and any other monies due and payable under this
30 Act, and (ii) distribution by the licensee, upon
31 presentation of the winning ticket or tickets, of all
32 sums payable to the patrons of pari-mutuel pools.
33 (5) Each license to conduct inter-track wagering
34 and simulcast wagering shall specify the person to whom
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1 it is issued, the dates on which such wagering is
2 permitted, and the track or location where the wagering
3 is to be conducted.
4 (6) All wagering under such license is subject to
5 this Act and to the rules and regulations from time to
6 time prescribed by the Board, and every such license
7 issued by the Board shall contain a recital to that
8 effect.
9 (7) An inter-track wagering licensee or inter-track
10 wagering location licensee may accept wagers at the track
11 or location where it is licensed, or as otherwise
12 provided under this Act.
13 (8) Inter-track wagering or simulcast wagering
14 shall not be conducted at any track less than 5 miles
15 from a track at which a racing meeting is in progress.
16 (8.1) Inter-track wagering location licensees who
17 derive their licenses from a particular organization
18 licensee shall conduct inter-track wagering and simulcast
19 wagering only at locations which are either within 90
20 miles of that race track where the particular
21 organization licensee is licensed to conduct racing, or
22 within 135 miles of that race track where the particular
23 organization licensee is licensed to conduct racing in
24 the case of race tracks in counties of less than 400,000
25 that were operating on or before June 1, 1986. However,
26 inter-track wagering and simulcast wagering shall not be
27 conducted by those licensees at any location within 5
28 miles of any race track at which a horse race meeting has
29 been licensed in the current year, unless the person
30 having operating control of such race track has given its
31 written consent to such inter-track wagering location
32 licensees, which consent must be filed with the Board at
33 or prior to the time application is made.
34 (8.2) Inter-track wagering or simulcast wagering
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1 shall not be conducted by an inter-track wagering
2 location licensee at any location within 500 feet of an
3 existing church or existing school, nor within 500 feet
4 of the residences of more than 50 registered voters
5 without receiving written permission from a majority of
6 the registered voters at such residences. Such written
7 permission statements shall be filed with the Board. The
8 distance of 500 feet shall be measured to the nearest
9 part of any building used for worship services, education
10 programs, residential purposes, or conducting inter-track
11 wagering by an inter-track wagering location licensee,
12 and not to property boundaries. However, inter-track
13 wagering or simulcast wagering may be conducted at a site
14 within 500 feet of a church, school or residences of 50
15 or more registered voters if such church, school or
16 residences have been erected or established, or such
17 voters have been registered, after the Board issues the
18 original inter-track wagering location license at the
19 site in question. Inter-track wagering location licensees
20 may conduct inter-track wagering and simulcast wagering
21 only in areas that are zoned for commercial or
22 manufacturing purposes or in areas for which a special
23 use has been approved by the local zoning authority.
24 However, no license to conduct inter-track wagering and
25 simulcast wagering shall be granted by the Board with
26 respect to any inter-track wagering location within the
27 jurisdiction of any local zoning authority which has, by
28 ordinance or by resolution, prohibited the establishment
29 of an inter-track wagering location within its
30 jurisdiction. However, inter-track wagering and
31 simulcast wagering may be conducted at a site if such
32 ordinance or resolution is enacted after the Board
33 licenses the original inter-track wagering location
34 licensee for the site in question.
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1 (9) (Blank).
2 (10) An inter-track wagering licensee or an
3 inter-track wagering location licensee may retain,
4 subject to the payment of the privilege taxes and the
5 purses, an amount not to exceed 17% of all money wagered.
6 Each program of racing conducted by each inter-track
7 wagering licensee or inter-track wagering location
8 licensee shall be considered a separate racing day for
9 the purpose of determining the daily handle and computing
10 the privilege tax or pari-mutuel tax on such daily handle
11 as provided in Section 27.
12 (10.1) Except as provided in subsection (g) of
13 Section 27 of this Act, inter-track wagering location
14 licensees shall pay 1% of the pari-mutuel handle at each
15 location to the municipality in which such location is
16 situated and 1% of the pari-mutuel handle at each
17 location to the county in which such location is
18 situated. In the event that an inter-track wagering
19 location licensee is situated in an unincorporated area
20 of a county, such licensee shall pay 2% of the
21 pari-mutuel handle from such location to such county.
22 (10.2) Notwithstanding any other provision of this
23 Act, with respect to intertrack wagering at a race track
24 located in a county that has a population of more than
25 230,000 and that is bounded by the Mississippi River
26 ("the first race track"), or at a facility operated by an
27 inter-track wagering licensee or inter-track wagering
28 location licensee that derives its license from the
29 organization licensee that operates the first race track,
30 on races conducted at the first race track or on races
31 conducted at another Illinois race track and
32 simultaneously televised to the first race track or to a
33 facility operated by an inter-track wagering licensee or
34 inter-track wagering location licensee that derives its
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1 license from the organization licensee that operates the
2 first race track, those moneys shall be allocated as
3 follows:
4 (A) That portion of all moneys wagered on
5 standardbred racing that is required under this Act
6 to be paid to purses shall be paid to purses for
7 standardbred races.
8 (B) That portion of all moneys wagered on
9 thoroughbred racing that is required under this Act
10 to be paid to purses shall be paid to purses for
11 thoroughbred races.
12 (11) (A) After payment of the privilege or
13 pari-mutuel tax, any other applicable taxes, and the
14 costs and expenses in connection with the gathering,
15 transmission, and dissemination of all data necessary to
16 the conduct of inter-track wagering, the remainder of the
17 monies retained under either Section 26 or Section 26.2
18 of this Act by the inter-track wagering licensee on
19 inter-track wagering shall be allocated with 50% to be
20 split between the 2 participating licensees and 50% to
21 purses, except that an intertrack wagering licensee that
22 derives its license from a track located in a county with
23 a population in excess of 230,000 and that borders the
24 Mississippi River shall not divide any remaining
25 retention with the Illinois organization licensee that
26 provides the race or races, and an intertrack wagering
27 licensee that accepts wagers on races conducted by an
28 organization licensee that conducts a race meet in a
29 county with a population in excess of 230,000 and that
30 borders the Mississippi River shall not divide any
31 remaining retention with that organization licensee.
32 (B) From the sums permitted to be retained pursuant
33 to this Act each inter-track wagering location licensee
34 shall pay (i) the privilege or pari-mutuel tax to the
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1 State; (ii) 4.75% of the pari-mutuel handle on intertrack
2 wagering at such location on races as purses, except that
3 an intertrack wagering location licensee that derives its
4 license from a track located in a county with a
5 population in excess of 230,000 and that borders the
6 Mississippi River shall retain all purse moneys for its
7 own purse account consistent with distribution set forth
8 in this subsection (h), and intertrack wagering location
9 licensees that accept wagers on races conducted by an
10 organization licensee located in a county with a
11 population in excess of 230,000 and that borders the
12 Mississippi River shall distribute all purse moneys to
13 purses at the operating host track; (iii) until January
14 1, 2000, except as provided in subsection (g) of Section
15 27 of this Act, 1% of the pari-mutuel handle wagered on
16 inter-track wagering and simulcast wagering at each
17 inter-track wagering location licensee facility to the
18 Horse Racing Tax Allocation Fund, provided that, to the
19 extent the total amount collected and distributed to the
20 Horse Racing Tax Allocation Fund under this subsection
21 (h) during any calendar year exceeds the amount collected
22 and distributed to the Horse Racing Tax Allocation Fund
23 during calendar year 1994, that excess amount shall be
24 redistributed (I) to all inter-track wagering location
25 licensees, based on each licensee's pro-rata share of the
26 total handle from inter-track wagering and simulcast
27 wagering for all inter-track wagering location licensees
28 during the calendar year in which this provision is
29 applicable; then (II) the amounts redistributed to each
30 inter-track wagering location licensee as described in
31 subpart (I) shall be further redistributed as provided in
32 subparagraph (B) of paragraph (5) of subsection (g) of
33 this Section 26 provided first, that the shares of those
34 amounts, which are to be redistributed to the host track
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1 or to purses at the host track under subparagraph (B) of
2 paragraph (5) of subsection (g) of this Section 26 shall
3 be redistributed based on each host track's pro rata
4 share of the total inter-track wagering and simulcast
5 wagering handle at all host tracks during the calendar
6 year in question, and second, that any amounts
7 redistributed as described in part (I) to an inter-track
8 wagering location licensee that accepts wagers on races
9 conducted by an organization licensee that conducts a
10 race meet in a county with a population in excess of
11 230,000 and that borders the Mississippi River shall be
12 further redistributed as provided in subparagraphs (D)
13 and (E) of paragraph (7) of subsection (g) of this
14 Section 26, with the portion of that further
15 redistribution allocated to purses at that organization
16 licensee to be divided between standardbred purses and
17 thoroughbred purses based on the amounts otherwise
18 allocated to purses at that organization licensee during
19 the calendar year in question; and (iv) 8% of the
20 pari-mutuel handle on inter-track wagering wagered at
21 such location to satisfy all costs and expenses of
22 conducting its wagering. The remainder of the monies
23 retained by the inter-track wagering location licensee
24 shall be allocated 40% to the location licensee and 60%
25 to the organization licensee which provides the Illinois
26 races to the location, except that an intertrack wagering
27 location licensee that derives its license from a track
28 located in a county with a population in excess of
29 230,000 and that borders the Mississippi River shall not
30 divide any remaining retention with the organization
31 licensee that provides the race or races and an
32 intertrack wagering location licensee that accepts wagers
33 on races conducted by an organization licensee that
34 conducts a race meet in a county with a population in
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1 excess of 230,000 and that borders the Mississippi River
2 shall not divide any remaining retention with the
3 organization licensee. Notwithstanding the provisions of
4 clauses (ii) and (iv) of this paragraph, in the case of
5 the additional inter-track wagering location licenses
6 authorized under paragraph (1) of this subsection (h) by
7 this amendatory Act of 1991, those licensees shall pay
8 the following amounts as purses: during the first 12
9 months the licensee is in operation, 5.25% of the
10 pari-mutuel handle wagered at the location on races;
11 during the second 12 months, 5.25%; during the third 12
12 months, 5.75%; during the fourth 12 months, 6.25%; and
13 during the fifth 12 months and thereafter, 6.75%. The
14 following amounts shall be retained by the licensee to
15 satisfy all costs and expenses of conducting its
16 wagering: during the first 12 months the licensee is in
17 operation, 8.25% of the pari-mutuel handle wagered at the
18 location; during the second 12 months, 8.25%; during the
19 third 12 months, 7.75%; during the fourth 12 months,
20 7.25%; and during the fifth 12 months and thereafter,
21 6.75%. For additional intertrack wagering location
22 licensees authorized under this amendatory Act of 1995,
23 purses for the first 12 months the licensee is in
24 operation shall be 5.75% of the pari-mutuel wagered at
25 the location, purses for the second 12 months the
26 licensee is in operation shall be 6.25%, and purses
27 thereafter shall be 6.75%. For additional intertrack
28 location licensees authorized under this amendatory Act
29 of 1995, the licensee shall be allowed to retain to
30 satisfy all costs and expenses: 7.75% of the pari-mutuel
31 handle wagered at the location during its first 12 months
32 of operation, 7.25% during its second 12 months of
33 operation, and 6.75% thereafter.
34 (C) There is hereby created the Horse Racing Tax
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1 Allocation Fund which shall remain in existence until
2 December 31, 1999. Moneys remaining in the Fund after
3 December 31, 1999 shall be paid into the General Revenue
4 Fund. Until January 1, 2000, all monies paid into the
5 Horse Racing Tax Allocation Fund pursuant to this
6 paragraph (11) by inter-track wagering location licensees
7 located in park districts of 500,000 population or less,
8 or in a municipality that is not included within any park
9 district but is included within a conservation district
10 and is the county seat of a county that (i) is contiguous
11 to the state of Indiana and (ii) has a 1990 population of
12 88,257 according to the United States Bureau of the
13 Census, and operating on May 1, 1994 shall be allocated
14 by appropriation as follows:
15 Two-sevenths to the Department of Agriculture.
16 Fifty percent of this two-sevenths shall be used to
17 promote the Illinois horse racing and breeding
18 industry, and shall be distributed by the Department
19 of Agriculture upon the advice of a 9-member
20 committee appointed by the Governor consisting of
21 the following members: the Director of Agriculture,
22 who shall serve as chairman; 2 representatives of
23 organization licensees conducting thoroughbred race
24 meetings in this State, recommended by those
25 licensees; 2 representatives of organization
26 licensees conducting standardbred race meetings in
27 this State, recommended by those licensees; a
28 representative of the Illinois Thoroughbred Breeders
29 and Owners Foundation, recommended by that
30 Foundation; a representative of the Illinois
31 Standardbred Owners and Breeders Association,
32 recommended by that Association; a representative of
33 the Horsemen's Benevolent and Protective Association
34 or any successor organization thereto established in
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1 Illinois comprised of the largest number of owners
2 and trainers, recommended by that Association or
3 that successor organization; and a representative of
4 the Illinois Harness Horsemen's Association,
5 recommended by that Association. Committee members
6 shall serve for terms of 2 years, commencing January
7 1 of each even-numbered year. If a representative
8 of any of the above-named entities has not been
9 recommended by January 1 of any even-numbered year,
10 the Governor shall appoint a committee member to
11 fill that position. Committee members shall receive
12 no compensation for their services as members but
13 shall be reimbursed for all actual and necessary
14 expenses and disbursements incurred in the
15 performance of their official duties. The remaining
16 50% of this two-sevenths shall be distributed to
17 county fairs for premiums and rehabilitation as set
18 forth in the Agricultural Fair Act;
19 Four-sevenths to park districts or
20 municipalities that do not have a park district of
21 500,000 population or less for museum purposes (if
22 an inter-track wagering location licensee is located
23 in such a park district) or to conservation
24 districts for museum purposes (if an inter-track
25 wagering location licensee is located in a
26 municipality that is not included within any park
27 district but is included within a conservation
28 district and is the county seat of a county that (i)
29 is contiguous to the state of Indiana and (ii) has a
30 1990 population of 88,257 according to the United
31 States Bureau of the Census, except that if the
32 conservation district does not maintain a museum,
33 the monies shall be allocated equally between the
34 county and the municipality in which the inter-track
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1 wagering location licensee is located for general
2 purposes) or to a municipal recreation board for
3 park purposes (if an inter-track wagering location
4 licensee is located in a municipality that is not
5 included within any park district and park
6 maintenance is the function of the municipal
7 recreation board and the municipality has a 1990
8 population of 9,302 according to the United States
9 Bureau of the Census); provided that the monies are
10 distributed to each park district or conservation
11 district or municipality that does not have a park
12 district in an amount equal to four-sevenths of the
13 amount collected by each inter-track wagering
14 location licensee within the park district or
15 conservation district or municipality for the Fund.
16 Monies that were paid into the Horse Racing Tax
17 Allocation Fund before the effective date of this
18 amendatory Act of 1991 by an inter-track wagering
19 location licensee located in a municipality that is
20 not included within any park district but is
21 included within a conservation district as provided
22 in this paragraph shall, as soon as practicable
23 after the effective date of this amendatory Act of
24 1991, be allocated and paid to that conservation
25 district as provided in this paragraph. Any park
26 district or municipality not maintaining a museum
27 may deposit the monies in the corporate fund of the
28 park district or municipality where the inter-track
29 wagering location is located, to be used for general
30 purposes; and
31 One-seventh to the Agricultural Premium Fund to
32 be used for distribution to agricultural home
33 economics extension councils in accordance with "An
34 Act in relation to additional support and finances
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1 for the Agricultural and Home Economic Extension
2 Councils in the several counties of this State and
3 making an appropriation therefor", approved July 24,
4 1967.
5 Until January 1, 2000, all other monies paid into
6 the Horse Racing Tax Allocation Fund pursuant to this
7 paragraph (11) shall be allocated by appropriation as
8 follows:
9 Two-sevenths to the Department of Agriculture.
10 Fifty percent of this two-sevenths shall be used to
11 promote the Illinois horse racing and breeding
12 industry, and shall be distributed by the Department
13 of Agriculture upon the advice of a 9-member
14 committee appointed by the Governor consisting of
15 the following members: the Director of Agriculture,
16 who shall serve as chairman; 2 representatives of
17 organization licensees conducting thoroughbred race
18 meetings in this State, recommended by those
19 licensees; 2 representatives of organization
20 licensees conducting standardbred race meetings in
21 this State, recommended by those licensees; a
22 representative of the Illinois Thoroughbred Breeders
23 and Owners Foundation, recommended by that
24 Foundation; a representative of the Illinois
25 Standardbred Owners and Breeders Association,
26 recommended by that Association; a representative of
27 the Horsemen's Benevolent and Protective Association
28 or any successor organization thereto established in
29 Illinois comprised of the largest number of owners
30 and trainers, recommended by that Association or
31 that successor organization; and a representative of
32 the Illinois Harness Horsemen's Association,
33 recommended by that Association. Committee members
34 shall serve for terms of 2 years, commencing January
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1 1 of each even-numbered year. If a representative
2 of any of the above-named entities has not been
3 recommended by January 1 of any even-numbered year,
4 the Governor shall appoint a committee member to
5 fill that position. Committee members shall receive
6 no compensation for their services as members but
7 shall be reimbursed for all actual and necessary
8 expenses and disbursements incurred in the
9 performance of their official duties. The remaining
10 50% of this two-sevenths shall be distributed to
11 county fairs for premiums and rehabilitation as set
12 forth in the Agricultural Fair Act;
13 Four-sevenths to museums and aquariums located
14 in park districts of over 500,000 population;
15 provided that the monies are distributed in
16 accordance with the previous year's distribution of
17 the maintenance tax for such museums and aquariums
18 as provided in Section 2 of the Park District
19 Aquarium and Museum Act; and
20 One-seventh to the Agricultural Premium Fund to
21 be used for distribution to agricultural home
22 economics extension councils in accordance with "An
23 Act in relation to additional support and finances
24 for the Agricultural and Home Economic Extension
25 Councils in the several counties of this State and
26 making an appropriation therefor", approved July 24,
27 1967. This subparagraph (C) shall be inoperative and
28 of no force and effect on and after January 1, 2000.
29 (D) Except as provided in paragraph (11) of
30 this subsection (h), with respect to purse
31 allocation from intertrack wagering, the monies so
32 retained shall be divided as follows:
33 (i) If the inter-track wagering licensee,
34 except an intertrack wagering licensee that
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1 derives its license from an organization
2 licensee located in a county with a population
3 in excess of 230,000 and bounded by the
4 Mississippi River, is not conducting its own
5 race meeting during the same dates, then the
6 entire purse allocation shall be to purses at
7 the track where the races wagered on are being
8 conducted.
9 (ii) If the inter-track wagering
10 licensee, except an intertrack wagering
11 licensee that derives its license from an
12 organization licensee located in a county with
13 a population in excess of 230,000 and bounded
14 by the Mississippi River, is also conducting
15 its own race meeting during the same dates,
16 then the purse allocation shall be as follows:
17 50% to purses at the track where the races
18 wagered on are being conducted; 50% to purses
19 at the track where the inter-track wagering
20 licensee is accepting such wagers.
21 (iii) If the inter-track wagering is
22 being conducted by an inter-track wagering
23 location licensee, except an intertrack
24 wagering location licensee that derives its
25 license from an organization licensee located
26 in a county with a population in excess of
27 230,000 and bounded by the Mississippi River,
28 the entire purse allocation for Illinois races
29 shall be to purses at the track where the race
30 meeting being wagered on is being held.
31 (12) The Board shall have all powers necessary and
32 proper to fully supervise and control the conduct of
33 inter-track wagering and simulcast wagering by
34 inter-track wagering licensees and inter-track wagering
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1 location licensees, including, but not limited to the
2 following:
3 (A) The Board is vested with power to
4 promulgate reasonable rules and regulations for the
5 purpose of administering the conduct of this
6 wagering and to prescribe reasonable rules,
7 regulations and conditions under which such wagering
8 shall be held and conducted. Such rules and
9 regulations are to provide for the prevention of
10 practices detrimental to the public interest and for
11 the best interests of said wagering and to impose
12 penalties for violations thereof.
13 (B) The Board, and any person or persons to
14 whom it delegates this power, is vested with the
15 power to enter the facilities of any licensee to
16 determine whether there has been compliance with the
17 provisions of this Act and the rules and regulations
18 relating to the conduct of such wagering.
19 (C) The Board, and any person or persons to
20 whom it delegates this power, may eject or exclude
21 from any licensee's facilities, any person whose
22 conduct or reputation is such that his presence on
23 such premises may, in the opinion of the Board, call
24 into the question the honesty and integrity of, or
25 interfere with the orderly conduct of such wagering;
26 provided, however, that no person shall be excluded
27 or ejected from such premises solely on the grounds
28 of race, color, creed, national origin, ancestry, or
29 sex.
30 (D) (Blank).
31 (E) The Board is vested with the power to
32 appoint delegates to execute any of the powers
33 granted to it under this Section for the purpose of
34 administering this wagering and any rules and
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1 regulations promulgated in accordance with this Act.
2 (F) The Board shall name and appoint a State
3 director of this wagering who shall be a
4 representative of the Board and whose duty it shall
5 be to supervise the conduct of inter-track wagering
6 as may be provided for by the rules and regulations
7 of the Board; such rules and regulation shall
8 specify the method of appointment and the Director's
9 powers, authority and duties.
10 (G) The Board is vested with the power to
11 impose civil penalties of up to $5,000 against
12 individuals and up to $10,000 against licensees for
13 each violation of any provision of this Act relating
14 to the conduct of this wagering, any rules adopted
15 by the Board, any order of the Board or any other
16 action which in the Board's discretion, is a
17 detriment or impediment to such wagering.
18 (13) The Department of Agriculture may enter into
19 agreements with licensees authorizing such licensees to
20 conduct inter-track wagering on races to be held at the
21 licensed race meetings conducted by the Department of
22 Agriculture. Such agreement shall specify the races of
23 the Department of Agriculture's licensed race meeting
24 upon which the licensees will conduct wagering. In the
25 event that a licensee conducts inter-track pari-mutuel
26 wagering on races from the Illinois State Fair or DuQuoin
27 State Fair which are in addition to the licensee's
28 previously approved racing program, those races shall be
29 considered a separate racing day for the purpose of
30 determining the daily handle and computing the privilege
31 or pari-mutuel tax on that daily handle as provided in
32 Sections 27 and 27.1. Such agreements shall be approved
33 by the Board before such wagering may be conducted. In
34 determining whether to grant approval, the Board shall
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1 give due consideration to the best interests of the
2 public and of horse racing. The provisions of paragraphs
3 (1), (8), (8.1), and (8.2) of subsection (h) of this
4 Section which are not specified in this paragraph (13)
5 shall not apply to licensed race meetings conducted by
6 the Department of Agriculture at the Illinois State Fair
7 in Sangamon County or the DuQuoin State Fair in Perry
8 County, or to any wagering conducted on those race
9 meetings.
10 (i) Notwithstanding the other provisions of this Act,
11 the conduct of wagering at wagering facilities is authorized
12 on all days, except as limited by subsection (b) of Section
13 19 of this Act.
14 (Source: P.A. 91-40, eff. 6-25-99.) *************
15 (230 ILCS 5/34.2 new)
16 Sec. 34.2. Prohibition against automated teller
17 machines, loans, and post-dated checks.
18 (a) An organization licensee shall not engage in or
19 authorize any of the following at its race track or on the
20 grounds of any of its inter-track wagering facilities:
21 (1) the installation or operation of an automated
22 teller machine;
23 (2) the loaning of money to any person; or
24 (3) the accepting of a post-dated check.
25 (b) For the purpose of this Section, the term "automated
26 teller machine" has the same meaning as in the Automated
27 Teller Machine Security Act.
28 (c) A violation of this Section is a Class C
29 misdemeanor.
30 (230 ILCS 5/34.3 new)
31 Sec. 34.3. Patron identification examination. An
32 organization licensee shall not allow a person who is not
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1 accompanied by his or her guardian to enter the premises of
2 its race track or of any of its inter-track wagering
3 facilities unless the person produces adequate written
4 evidence of identity and of the fact that he or she is at
5 least 21 years of age. For the purpose of this Section,
6 adequate written evidence of age and identity means a
7 document issued by a federal, state, county, or municipal
8 government, or subdivision or agency thereof, including, but
9 not limited to, a motor vehicle operator's license, a
10 registration certificate issued under the Federal Selective
11 Service Act, or an identification card issued to a member of
12 the Armed Forces. Any person who violates this Section is
13 guilty of a petty offense and for the first offense shall be
14 fined $2,000, $4,000 for the second offense in a 12-month
15 period, and $6,000 for the third or any subsequent offense in
16 a 12-month period.
17 (230 ILCS 5/35.1 new)
18 Sec. 35.1. Examinations. The Board shall conduct at
19 least one examination per month at each race track and each
20 inter-track wagering facility where gambling is conducted
21 pursuant to this Act to assure that persons who are regulated
22 by this Act are in compliance with it.
23 Section 20. The Riverboat Gambling Act is amended by
24 changing Sections 11, 13, and 18 and adding Sections 13.2,
25 13.3, 13.4, and 16.1 as follows:
26 (230 ILCS 10/11) (from Ch. 120, par. 2411)
27 Sec. 11. Conduct of gambling. Gambling may be conducted
28 by licensed owners aboard riverboats, subject to the
29 following standards:
30 (1) A licensee may conduct riverboat gambling
31 authorized under this Act regardless of whether it
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1 conducts excursion cruises. A licensee may permit the
2 continuous ingress and egress of passengers for the
3 purpose of gambling.
4 (1.1) A license may not conduct gambling between
5 the hours of 3:00 A.M. and 5:00 A.M.
6 (2) (Blank).
7 (3) Minimum and maximum wagers on games shall be
8 set by the licensee.
9 (4) Agents of the Board and the Department of State
10 Police may board and inspect any riverboat at any time
11 for the purpose of determining whether this Act is being
12 complied with. Every riverboat, if under way and being
13 hailed by a law enforcement officer or agent of the
14 Board, must stop immediately and lay to.
15 (5) Employees of the Board shall have the right to
16 be present on the riverboat or on adjacent facilities
17 under the control of the licensee.
18 (6) Gambling equipment and supplies customarily
19 used in conducting riverboat gambling must be purchased
20 or leased only from suppliers licensed for such purpose
21 under this Act.
22 (7) Persons licensed under this Act shall permit no
23 form of wagering on gambling games except as permitted by
24 this Act.
25 (8) Wagers may be received only from a person
26 present on a licensed riverboat. No person present on a
27 licensed riverboat shall place or attempt to place a
28 wager on behalf of another person who is not present on
29 the riverboat.
30 (9) Wagering shall not be conducted with money or
31 other negotiable currency.
32 (10) A person under age 21 shall not be permitted
33 on an area of a riverboat where gambling is being
34 conducted, except for a person at least 18 years of age
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1 who is an employee of the riverboat gambling operation.
2 No employee under age 21 shall perform any function
3 involved in gambling by the patrons. No person under age
4 21 shall be permitted to make a wager under this Act.
5 (11) Gambling excursion cruises are permitted only
6 when the waterway for which the riverboat is licensed is
7 navigable, as determined by the Board in consultation
8 with the U.S. Army Corps of Engineers. This paragraph
9 (11) does not limit the ability of a licensee to conduct
10 gambling authorized under this Act when gambling
11 excursion cruises are not permitted.
12 (12) All tokens, chips or electronic cards used to
13 make wagers must be purchased from a licensed owner
14 either aboard a riverboat or at an onshore facility which
15 has been approved by the Board and which is located where
16 the riverboat docks. The tokens, chips or electronic
17 cards may be purchased by means of an agreement under
18 which the owner extends credit to the patron. Such
19 tokens, chips or electronic cards may be used while
20 aboard the riverboat only for the purpose of making
21 wagers on gambling games.
22 (13) Notwithstanding any other Section of this Act,
23 in addition to the other licenses authorized under this
24 Act, the Board may issue special event licenses allowing
25 persons who are not otherwise licensed to conduct
26 riverboat gambling to conduct such gambling on a
27 specified date or series of dates. Riverboat gambling
28 under such a license may take place on a riverboat not
29 normally used for riverboat gambling. The Board shall
30 establish standards, fees and fines for, and limitations
31 upon, such licenses, which may differ from the standards,
32 fees, fines and limitations otherwise applicable under
33 this Act. All such fees shall be deposited into the
34 State Gaming Fund. All such fines shall be deposited
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1 into the Education Assistance Fund, created by Public Act
2 86-0018, of the State of Illinois.
3 (14) In addition to the above, gambling must be
4 conducted in accordance with all rules adopted by the
5 Board.
6 (Source: P.A. 91-40, eff. 6-25-99.)
7 (230 ILCS 10/13) (from Ch. 120, par. 2413)
8 Sec. 13. Wagering tax; rate; distribution.
9 (a) Until January 1, 1998, a tax is imposed on the
10 adjusted gross receipts received from gambling games
11 authorized under this Act at the rate of 20%.
12 Beginning January 1, 1998, a privilege tax is imposed on
13 persons engaged in the business of conducting riverboat
14 gambling operations, based on the adjusted gross receipts
15 received by a licensed owner from gambling games authorized
16 under this Act at the following rates:
17 15% of annual adjusted gross receipts up to and
18 including $25,000,000;
19 20% of annual adjusted gross receipts in excess of
20 $25,000,000 but not exceeding $50,000,000;
21 25% of annual adjusted gross receipts in excess of
22 $50,000,000 but not exceeding $75,000,000;
23 30% of annual adjusted gross receipts in excess of
24 $75,000,000 but not exceeding $100,000,000;
25 35% of annual adjusted gross receipts in excess of
26 $100,000,000.
27 The taxes imposed by this Section shall be paid by the
28 licensed owner to the Board not later than 3:00 o'clock p.m.
29 of the day after the day when the wagers were made.
30 (b) Until January 1, 1998, 25% of the tax revenue
31 deposited in the State Gaming Fund under this Section shall
32 be paid, subject to appropriation by the General Assembly, to
33 the unit of local government which is designated as the home
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1 dock of the riverboat. Beginning January 1, 1998, from the
2 tax revenue deposited in the State Gaming Fund under this
3 Section, an amount equal to 5% of adjusted gross receipts
4 generated by a riverboat shall be paid monthly, subject to
5 appropriation by the General Assembly, to the unit of local
6 government that is designated as the home dock of the
7 riverboat.
8 (c) Appropriations, as approved by the General Assembly,
9 may be made from the State Gaming Fund to the Department of
10 Revenue and the Department of State Police for the
11 administration and enforcement of this Act.
12 (c-5) After the payments required under subsections (b)
13 and (c) have been made, an amount equal to 15% of the
14 adjusted gross receipts of a riverboat (1) that relocates
15 pursuant to Section 11.2, or (2) for which an owners license
16 is initially issued after the effective date of this
17 amendatory Act of 1999, whichever comes first, shall be paid
18 from the State Gaming Fund into the Horse Racing Equity Fund.
19 (c-10) Each year the General Assembly shall appropriate
20 from the General Revenue Fund to the Education Assistance
21 Fund an amount equal to the amount paid into the Horse Racing
22 Equity Fund pursuant to subsection (c-5) in the prior
23 calendar year.
24 (c-15) After the payments required under subsections
25 (b), (c), and (c-5) have been made, an amount equal to 2% of
26 the adjusted gross receipts of a riverboat (1) that relocates
27 pursuant to Section 11.2, or (2) for which an owners license
28 is initially issued after the effective date of this
29 amendatory Act of 1999, whichever comes first, shall be paid,
30 subject to appropriation from the General Assembly, from the
31 State Gaming Fund to each home rule county with a population
32 of over 3,000,000 inhabitants for the purpose of enhancing
33 the county's criminal justice system.
34 (c-20) Each year the General Assembly shall appropriate
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1 from the General Revenue Fund to the Education Assistance
2 Fund an amount equal to the amount paid to each home rule
3 county with a population of over 3,000,000 inhabitants
4 pursuant to subsection (c-15) in the prior calendar year.
5 (c-25) After the payments required under subsections
6 (b), (c), (c-5) and (c-15) have been made, an amount equal to
7 2% of the adjusted gross receipts of a riverboat (1) that
8 relocates pursuant to Section 11.2, or (2) for which an
9 owners license is initially issued after the effective date
10 of this amendatory Act of 1999, whichever comes first, shall
11 be paid from the State Gaming Fund into the State
12 Universities Athletic Capital Improvement Fund.
13 (c-30) Beginning January 1, 2000, a privilege tax is
14 imposed on persons engaged in the business of conducting
15 riverboat gambling operations, based on the adjusted gross
16 receipts received by a licensed owner from gambling games
17 authorized under this Act. The privilege tax shall be 5% of
18 all gross receipts in excess of $45,000,000 but not exceeding
19 $50,000,000, 5% of all gross receipts in excess of
20 $70,000,000 but not exceeding $75,000,000, and 5% of all
21 gross receipts in excess of $85,000,000 but not exceeding
22 $100,000,000. The tax imposed under this subsection (c-30)
23 is in addition to any other tax imposed under this Section
24 13.
25 All moneys generated as a result of the additional
26 privilege tax imposed under this subsection (c-30) shall be
27 paid into the Gambling Health and Welfare Fund, which is
28 hereby created as a special fund in the State Treasury.
29 Moneys in the Fund shall be used, subject to appropriation,
30 by the Department of Human Services to fund the compulsive
31 gambling treatment program established pursuant to Section
32 5-20 of the Alcoholism and Other Drug Abuse and Dependency
33 Act.
34 (d) From time to time, the Board shall transfer the
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1 remainder of the funds generated by this Act into the
2 Education Assistance Fund, created by Public Act 86-0018, of
3 the State of Illinois.
4 (e) Nothing in this Act shall prohibit the unit of local
5 government designated as the home dock of the riverboat from
6 entering into agreements with other units of local government
7 in this State or in other states to share its portion of the
8 tax revenue.
9 (f) To the extent practicable, the Board shall
10 administer and collect the wagering taxes imposed by this
11 Section in a manner consistent with the provisions of
12 Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
13 6c, 8, 9, and 10 of the Retailers' Occupation Tax Act and
14 Section 3-7 of the Uniform Penalty and Interest Act.
15 (Source: P.A. 90-548, eff. 12-4-97; 91-40, eff. 6-25-99.)
16 (230 ILCS 10/13.2 new)
17 Sec. 13.2. Prohibition against automated teller
18 machines, loans, and post-dated checks.
19 (a) An owners licensee shall not engage in or authorize
20 any of the following on board its riverboat or on its dock:
21 (1) the installation or operation of an automated
22 teller machine;
23 (2) the loaning of money to any person; or
24 (3) the accepting of a post-dated check.
25 (b) For the purpose of this Section, the term "automated
26 teller machine" has the same meaning as in the Automated
27 Teller Machine Security Act.
28 (230 ILCS 10/13.3 new)
29 Sec. 13.3. Patron identification examination. An owners
30 licensee shall not allow a person to enter an area of its
31 riverboat where gambling is being conducted unless the person
32 produces adequate written evidence of identity and of the
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1 fact that he or she is at least 21 years of age. For the
2 purpose of this Section, adequate written evidence of age and
3 identity means a document issued by a federal, state, county,
4 or municipal government, or subdivision or agency thereof,
5 including, but not limited to, a motor vehicle operator's
6 license, a registration certificate issued under the Federal
7 Selective Service Act, or an identification card issued to a
8 member of the Armed Forces. Any person who violates this
9 Section is guilty of a petty offense and for the first
10 offense shall be fined $2,000, $4,000 for the second offense
11 in a 12-month period, and $6,000 for the third or any
12 subsequent offense in a 12-month period.
13 (230 ILCS 10/13.4 new)
14 Sec. 13.4. Examinations. The Board shall conduct at
15 least one examination per month at each riverboat where
16 gambling is conducted pursuant to this Act to assure that
17 persons who are regulated by this Act are in compliance with
18 it.
19 (230 ILCS 10/16.1 new)
20 Sec. 16.1. Compulsive gambling study. Within 6 months
21 after the effective date of this amendatory Act of the 91st
22 General Assembly, the Board shall conduct a study to
23 determine the prevalence of compulsive gambling in Illinois.
24 The Board shall report its findings to the General Assembly
25 as soon as is practicable after they are compiled. The Board
26 shall conduct another study to determine the prevalence of
27 compulsive gambling in Illinois during the first 4 years
28 after a riverboat begins conducting gambling in Cook County.
29 The Board shall report its findings to the General Assembly
30 as soon as is practicable after they are compiled.
31 (230 ILCS 10/18) (from Ch. 120, par. 2418)
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1 Sec. 18. Prohibited Activities - Penalty.
2 (a) A person is guilty of a Class A misdemeanor for
3 doing any of the following:
4 (1) Conducting gambling where wagering is used or
5 to be used without a license issued by the Board.
6 (2) Conducting gambling where wagering is permitted
7 other than in the manner specified by Section 11.
8 (b) A person is guilty of a Class B misdemeanor for
9 doing any of the following:
10 (1) permitting a person under 21 years to make a
11 wager; or
12 (2) violating paragraph (12) of subsection (a) of
13 Section 11 of this Act.
14 (b-1) A person is guilty of a Class C misdemeanor for
15 violating Section 13.2 of this Act.
16 (c) A person wagering or accepting a wager at any
17 location outside the riverboat is subject to the penalties in
18 paragraphs (1) or (2) of subsection (a) of Section 28-1 of
19 the Criminal Code of 1961.
20 (d) A person commits a Class 4 felony and, in addition,
21 shall be barred for life from riverboats under the
22 jurisdiction of the Board, if the person does any of the
23 following:
24 (1) Offers, promises, or gives anything of value or
25 benefit to a person who is connected with a riverboat
26 owner including, but not limited to, an officer or
27 employee of a licensed owner or holder of an occupational
28 license pursuant to an agreement or arrangement or with
29 the intent that the promise or thing of value or benefit
30 will influence the actions of the person to whom the
31 offer, promise, or gift was made in order to affect or
32 attempt to affect the outcome of a gambling game, or to
33 influence official action of a member of the Board.
34 (2) Solicits or knowingly accepts or receives a
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1 promise of anything of value or benefit while the person
2 is connected with a riverboat including, but not limited
3 to, an officer or employee of a licensed owner, or holder
4 of an occupational license, pursuant to an understanding
5 or arrangement or with the intent that the promise or
6 thing of value or benefit will influence the actions of
7 the person to affect or attempt to affect the outcome of
8 a gambling game, or to influence official action of a
9 member of the Board.
10 (3) Uses or possesses with the intent to use a
11 device to assist:
12 (i) In projecting the outcome of the game.
13 (ii) In keeping track of the cards played.
14 (iii) In analyzing the probability of the
15 occurrence of an event relating to the gambling
16 game.
17 (iv) In analyzing the strategy for playing or
18 betting to be used in the game except as permitted
19 by the Board.
20 (4) Cheats at a gambling game.
21 (5) Manufactures, sells, or distributes any cards,
22 chips, dice, game or device which is intended to be used
23 to violate any provision of this Act.
24 (6) Alters or misrepresents the outcome of a
25 gambling game on which wagers have been made after the
26 outcome is made sure but before it is revealed to the
27 players.
28 (7) Places a bet after acquiring knowledge, not
29 available to all players, of the outcome of the gambling
30 game which is subject of the bet or to aid a person in
31 acquiring the knowledge for the purpose of placing a bet
32 contingent on that outcome.
33 (8) Claims, collects, or takes, or attempts to
34 claim, collect, or take, money or anything of value in or
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1 from the gambling games, with intent to defraud, without
2 having made a wager contingent on winning a gambling
3 game, or claims, collects, or takes an amount of money or
4 thing of value of greater value than the amount won.
5 (9) Uses counterfeit chips or tokens in a gambling
6 game.
7 (10) Possesses any key or device designed for the
8 purpose of opening, entering, or affecting the operation
9 of a gambling game, drop box, or an electronic or
10 mechanical device connected with the gambling game or for
11 removing coins, tokens, chips or other contents of a
12 gambling game. This paragraph (10) does not apply to a
13 gambling licensee or employee of a gambling licensee
14 acting in furtherance of the employee's employment.
15 (e) The possession of more than one of the devices
16 described in subsection (d), paragraphs (3), (5) or (10)
17 permits a rebuttable presumption that the possessor intended
18 to use the devices for cheating.
19 An action to prosecute any crime occurring on a riverboat
20 shall be tried in the county of the dock at which the
21 riverboat is based.
22 (Source: P.A. 91-40, eff. 6-25-99.)
23 Section 25. The Criminal Code of 1961 is amended by
24 changing Section 28-7 and adding Sections 28-10 and 28-11 as
25 follows:
26 (720 ILCS 5/28-7) (from Ch. 38, par. 28-7)
27 Sec. 28-7. Gambling contracts void.
28 (a) All promises, notes, bills, bonds, covenants,
29 contracts, agreements, judgments, mortgages, or other
30 securities or conveyances made, given, granted, drawn, or
31 entered into, or executed by any person whatsoever, where the
32 whole or any part of the consideration thereof is for any
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1 money or thing of value, won or obtained in violation of any
2 Section of this Article are null and void.
3 (b) Any obligation void under this Section may be set
4 aside and vacated by any court of competent jurisdiction,
5 upon a complaint filed for that purpose, by the person so
6 granting, giving, entering into, or executing the same, or by
7 his executors or administrators, or by any creditor, heir,
8 legatee, purchaser or other person interested therein; or if
9 a judgment, the same may be set aside on motion of any person
10 stated above, on due notice thereof given.
11 (c) No assignment of any obligation void under this
12 Section may in any manner affect the defense of the person
13 giving, granting, drawing, entering into or executing such
14 obligation, or the remedies of any person interested therein.
15 (d) This Section shall not prevent a licensed owner of a
16 riverboat gambling operation from instituting a cause of
17 action to collect any amount due and owing under an extension
18 of credit to a riverboat gambling patron that was made prior
19 to the effective date of this amendatory Act of the 91st
20 General Assembly as authorized under the Riverboat Gambling
21 Act.
22 (Source: P.A. 87-826.)
23 (720 ILCS 5/28-10 new)
24 Sec. 28-10. Internet gambling.
25 (a) No person shall make a wire transfer of money if the
26 money so transferred is to be used as part of an
27 internet-based gambling transaction. Any person who violates
28 this subsection (a) commits a petty offense. A person
29 convicted of a petty offense for a violation of this
30 subsection (a) shall be punished by a fine of $1,000. Each
31 wire transfer constitutes a separate violation.
32 (b) No financial institution shall make a wire transfer
33 of money for any person if the financial institution knows
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1 that the money is to be used as a part of an internet-based
2 gambling transaction. Any financial institution that
3 violates this subsection (b) commits a petty offense. A
4 financial institution convicted of a petty offense for a
5 violation of this subsection (b) shall be punished by a fine
6 of $1,000 for each violation. Each wire transfer constitutes
7 a separate violation.
8 For the purpose of this Section, the term "financial
9 institution" means any bank; saving and loan association;
10 trust company; agency or branch of a foreign bank in the
11 United States; currency exchange; credit union; mortgage
12 banking institution; pawnbroker; loan or finance company;
13 operator of a credit card system; issuer, redeemer, or
14 cashier of travelers checks, checks, or money orders; dealer
15 in precious metals, stones, or jewels; broker or dealer in
16 securities or commodities; investment banker; or investment
17 company.
18 (720 ILCS 5/28-11 new)
19 Sec. 28-11. Internet gambling transactions void. All
20 credit card debts incurred as a result of an internet-based
21 gambling transaction by any person are null and void. Any
22 debt that is void under this Section may be set aside by a
23 court of competent jurisdiction, upon a complaint filed for
24 that purpose, by the person who incurred the debt or by his
25 or her executors or administrators, or by any creditor,
26 heir, legatee, purchaser, or any other person stated in this
27 Section, on due notice thereof given. This Section shall not
28 prevent a licensed owner of a riverboat gambling operation
29 from instituting a cause of action to collect any amount due
30 and owing under an extension of credit to a riverboat
31 gambling patron that was made prior to the effective date of
32 this amendatory Act of the 91st General Assembly as
33 authorized under the Riverboat Gambling Act.
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.
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1 INDEX
2 Statutes amended in order of appearance
3 20 ILCS 1605/15 from Ch. 120, par. 1165
4 30 ILCS 105/5.540 new
5 110 ILCS 305/12.5 new
6 205 ILCS 616/98 new
7 230 ILCS 5/26 from Ch. 8, par. 37-26
8 230 ILCS 5/34.2 new
9 230 ILCS 5/34.3 new
10 230 ILCS 5/35.1 new
11 230 ILCS 10/11 from Ch. 120, par. 2411
12 230 ILCS 10/13 from Ch. 120, par. 2413
13 230 ILCS 10/13.2 new
14 230 ILCS 10/13.3 new
15 230 ILCS 10/13.4 new
16 230 ILCS 10/16.1 new
17 230 ILCS 10/18 from Ch. 120, par. 2418
18 720 ILCS 5/28-7 from Ch. 38, par. 28-7
19 720 ILCS 5/28-10 new
20 720 ILCS 5/28-11 new