[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ House Amendment 001 ] |
92_HB3090
LRB9201929LDprA
1 AN ACT in relation to gambling.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Lottery Law is amended by
5 changing Section 15 as follows:
6 (20 ILCS 1605/15) (from Ch. 120, par. 1165)
7 Sec. 15. No 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 10. The Illinois Horse Racing Act of 1975 is
-2- LRB9201929LDprA
1 amended by changing Section 26 and adding Section 34.2 as
2 follows:
3 (230 ILCS 5/26) (from Ch. 8, par. 37-26)
4 Sec. 26. Wagering.
5 (a) Any licensee may conduct and supervise the
6 pari-mutuel system of wagering, as defined in Section 3.12 of
7 this Act, on horse races conducted by an Illinois
8 organization licensee or conducted at a racetrack located in
9 another state or country and televised in Illinois in
10 accordance with subsection (g) of Section 26 of this Act.
11 Subject to the prior consent of the Board, licensees may
12 supplement any pari-mutuel pool in order to guarantee a
13 minimum distribution. Such pari-mutuel method of wagering
14 shall not, under any circumstances if conducted under the
15 provisions of this Act, be held or construed to be unlawful,
16 other statutes of this State to the contrary notwithstanding.
17 Subject to rules for advance wagering promulgated by the
18 Board, any licensee may accept wagers in advance of the day
19 of the race wagered upon occurs.
20 (b) No other method of betting, pool making, wagering or
21 gambling shall be used or permitted by the licensee. Each
22 licensee may retain, subject to the payment of all applicable
23 taxes and purses, an amount not to exceed 17% of all money
24 wagered under subsection (a) of this Section, except as may
25 otherwise be permitted under this Act.
26 (b-5) An individual may place a wager under the
27 pari-mutuel system from any licensed location authorized
28 under this Act provided that wager is electronically recorded
29 in the manner described in Section 3.12 of this Act. Any
30 wager made electronically by an individual while physically
31 on the premises of a licensee shall be deemed to have been
32 made at the premises of that licensee.
33 (c) Until January 1, 2000, the sum held by any licensee
-3- LRB9201929LDprA
1 for payment of outstanding pari-mutuel tickets, if unclaimed
2 prior to December 31 of the next year, shall be retained by
3 the licensee for payment of such tickets until that date.
4 Within 10 days thereafter, the balance of such sum remaining
5 unclaimed, less any uncashed supplements contributed by such
6 licensee for the purpose of guaranteeing minimum
7 distributions of any pari-mutuel pool, shall be paid to the
8 Illinois Veterans' Rehabilitation Fund of the State treasury,
9 except as provided in subsection (g) of Section 27 of this
10 Act.
11 (c-5) Beginning January 1, 2000, the sum held by any
12 licensee for payment of outstanding pari-mutuel tickets, if
13 unclaimed prior to December 31 of the next year, shall be
14 retained by the licensee for payment of such tickets until
15 that date. Within 10 days thereafter, the balance of such
16 sum remaining unclaimed, less any uncashed supplements
17 contributed by such licensee for the purpose of guaranteeing
18 minimum distributions of any pari-mutuel pool, shall be
19 evenly distributed to the purse account of the organization
20 licensee and the organization licensee.
21 (d) A pari-mutuel ticket shall be honored until December
22 31 of the next calendar year, and the licensee shall pay the
23 same and may charge the amount thereof against unpaid money
24 similarly accumulated on account of pari-mutuel tickets not
25 presented for payment.
26 (e) No licensee shall knowingly permit any minor, other
27 than an employee of such licensee or an owner, trainer,
28 jockey, driver, or employee thereof, to be admitted during a
29 racing program unless accompanied by a parent or guardian, or
30 any person who is not at least 21 years of age to be a patron
31 of the pari-mutuel system of wagering conducted or supervised
32 by it. The admission of any unaccompanied minor, other than
33 an employee of the licensee or an owner, trainer, jockey,
34 driver, or employee thereof at a race track is a Class C
-4- LRB9201929LDprA
1 misdemeanor.
2 (f) Notwithstanding the other provisions of this Act, an
3 organization licensee may contract with an entity in another
4 state or country to permit any legal wagering entity in
5 another state or country to accept wagers solely within such
6 other state or country on races conducted by the organization
7 licensee in this State. Beginning January 1, 2000, these
8 wagers shall not be subject to State taxation. Until January
9 1, 2000, when the out-of-State entity conducts a pari-mutuel
10 pool separate from the organization licensee, a privilege tax
11 equal to 7 1/2% of all monies received by the organization
12 licensee from entities in other states or countries pursuant
13 to such contracts is imposed on the organization licensee,
14 and such privilege tax shall be remitted to the Department of
15 Revenue within 48 hours of receipt of the moneys from the
16 simulcast. When the out-of-State entity conducts a combined
17 pari-mutuel pool with the organization licensee, the tax
18 shall be 10% of all monies received by the organization
19 licensee with 25% of the receipts from this 10% tax to be
20 distributed to the county in which the race was conducted.
21 An organization licensee may permit one or more of its
22 races to be utilized for pari-mutuel wagering at one or more
23 locations in other states and may transmit audio and visual
24 signals of races the organization licensee conducts to one or
25 more locations outside the State or country and may also
26 permit pari-mutuel pools in other states or countries to be
27 combined with its gross or net wagering pools or with
28 wagering pools established by other states.
29 (g) A host track may accept interstate simulcast wagers
30 on horse races conducted in other states or countries and
31 shall control the number of signals and types of breeds of
32 racing in its simulcast program, subject to the disapproval
33 of the Board. The Board may prohibit a simulcast program
34 only if it finds that the simulcast program is clearly
-5- LRB9201929LDprA
1 adverse to the integrity of racing. The host track simulcast
2 program shall include the signal of live racing of all
3 organization licensees. All non-host licensees shall carry
4 the host track simulcast program and accept wagers on all
5 races included as part of the simulcast program upon which
6 wagering is permitted. The costs and expenses of the host
7 track and non-host licensees associated with interstate
8 simulcast wagering, other than the interstate commission fee,
9 shall be borne by the host track and all non-host licensees
10 incurring these costs. The interstate commission fee shall
11 not exceed 5% of Illinois handle on the interstate simulcast
12 race or races without prior approval of the Board. The Board
13 shall promulgate rules under which it may permit interstate
14 commission fees in excess of 5%. The interstate commission
15 fee and other fees charged by the sending racetrack,
16 including, but not limited to, satellite decoder fees, shall
17 be uniformly applied to the host track and all non-host
18 licensees.
19 (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
20 intertrack wagering licensee other than the host track
21 may supplement the host track simulcast program with
22 additional simulcast races or race programs, provided
23 that between January 1 and the third Friday in February
24 of any year, inclusive, if no live thoroughbred racing is
25 occurring in Illinois during this period, only
26 thoroughbred races may be used for supplemental
27 interstate simulcast purposes. The Board shall withhold
28 approval for a supplemental interstate simulcast only if
29 it finds that the simulcast is clearly adverse to the
30 integrity of racing. A supplemental interstate simulcast
31 may be transmitted from an intertrack wagering licensee
32 to its affiliated non-host licensees. The interstate
33 commission fee for a supplemental interstate simulcast
34 shall be paid by the non-host licensee and its affiliated
-6- LRB9201929LDprA
1 non-host licensees receiving the simulcast.
2 (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
3 intertrack wagering licensee other than the host track
4 may receive supplemental interstate simulcasts only with
5 the consent of the host track, except when the Board
6 finds that the simulcast is clearly adverse to the
7 integrity of racing. Consent granted under this
8 paragraph (2) to any intertrack wagering licensee shall
9 be deemed consent to all non-host licensees. The
10 interstate commission fee for the supplemental interstate
11 simulcast shall be paid by all participating non-host
12 licensees.
13 (3) Each licensee conducting interstate simulcast
14 wagering may retain, subject to the payment of all
15 applicable taxes and the purses, an amount not to exceed
16 17% of all money wagered. If any licensee conducts the
17 pari-mutuel system wagering on races conducted at
18 racetracks in another state or country, each such race or
19 race program shall be considered a separate racing day
20 for the purpose of determining the daily handle and
21 computing the privilege tax of that daily handle as
22 provided in subsection (a) of Section 27. Until January
23 1, 2000, from the sums permitted to be retained pursuant
24 to this subsection, each intertrack wagering location
25 licensee shall pay 1% of the pari-mutuel handle wagered
26 on simulcast wagering to the Horse Racing Tax Allocation
27 Fund, subject to the provisions of subparagraph (B) of
28 paragraph (11) of subsection (h) of Section 26 of this
29 Act.
30 (4) A licensee who receives an interstate simulcast
31 may combine its gross or net pools with pools at the
32 sending racetracks pursuant to rules established by the
33 Board. All licensees combining their gross pools at a
34 sending racetrack shall adopt the take-out percentages of
-7- LRB9201929LDprA
1 the sending racetrack. A licensee may also establish a
2 separate pool and takeout structure for wagering purposes
3 on races conducted at race tracks outside of the State of
4 Illinois. The licensee may permit pari-mutuel wagers
5 placed in other states or countries to be combined with
6 its gross or net wagering pools or other wagering pools.
7 (5) After the payment of the interstate commission
8 fee (except for the interstate commission fee on a
9 supplemental interstate simulcast, which shall be paid by
10 the host track and by each non-host licensee through the
11 host-track) and all applicable State and local taxes,
12 except as provided in subsection (g) of Section 27 of
13 this Act, the remainder of moneys retained from simulcast
14 wagering pursuant to this subsection (g), and Section
15 26.2 shall be divided as follows:
16 (A) For interstate simulcast wagers made at a
17 host track, 50% to the host track and 50% to purses
18 at the host track.
19 (B) For wagers placed on interstate simulcast
20 races, supplemental simulcasts as defined in
21 subparagraphs (1) and (2), and separately pooled
22 races conducted outside of the State of Illinois
23 made at a non-host licensee, 25% to the host track,
24 25% to the non-host licensee, and 50% to the purses
25 at the host track.
26 (6) Notwithstanding any provision in this Act to
27 the contrary, non-host licensees who derive their
28 licenses from a track located in a county with a
29 population in excess of 230,000 and that borders the
30 Mississippi River may receive supplemental interstate
31 simulcast races at all times subject to Board approval,
32 which shall be withheld only upon a finding that a
33 supplemental interstate simulcast is clearly adverse to
34 the integrity of racing.
-8- LRB9201929LDprA
1 (7) Notwithstanding any provision of this Act to
2 the contrary, after payment of all applicable State and
3 local taxes and interstate commission fees, non-host
4 licensees who derive their licenses from a track located
5 in a county with a population in excess of 230,000 and
6 that borders the Mississippi River shall retain 50% of
7 the retention from interstate simulcast wagers and shall
8 pay 50% to purses at the track from which the non-host
9 licensee derives its license as follows:
10 (A) Between January 1 and the third Friday in
11 February, inclusive, if no live thoroughbred racing
12 is occurring in Illinois during this period, when
13 the interstate simulcast is a standardbred race, the
14 purse share to its standardbred purse account;
15 (B) Between January 1 and the third Friday in
16 February, inclusive, if no live thoroughbred racing
17 is occurring in Illinois during this period, and the
18 interstate simulcast is a thoroughbred race, the
19 purse share to its interstate simulcast purse pool
20 to be distributed under paragraph (10) of this
21 subsection (g);
22 (C) Between January 1 and the third Friday in
23 February, inclusive, if live thoroughbred racing is
24 occurring in Illinois, between 6:30 a.m. and 6:30
25 p.m. the purse share from wagers made during this
26 time period to its thoroughbred purse account and
27 between 6:30 p.m. and 6:30 a.m. the purse share from
28 wagers made during this time period to its
29 standardbred purse accounts;
30 (D) Between the third Saturday in February and
31 December 31, when the interstate simulcast occurs
32 between the hours of 6:30 a.m. and 6:30 p.m., the
33 purse share to its thoroughbred purse account;
34 (E) Between the third Saturday in February and
-9- LRB9201929LDprA
1 December 31, when the interstate simulcast occurs
2 between the hours of 6:30 p.m. and 6:30 a.m., the
3 purse share to its standardbred purse account.
4 (8) Notwithstanding any provision in this Act to
5 the contrary, an organization licensee from a track
6 located in a county with a population in excess of
7 230,000 and that borders the Mississippi River and its
8 affiliated non-host licensees shall not be entitled to
9 share in any retention generated on racing, inter-track
10 wagering, or simulcast wagering at any other Illinois
11 wagering facility.
12 (8.1) Notwithstanding any provisions in this Act to
13 the contrary, if 2 organization licensees are conducting
14 standardbred race meetings concurrently between the hours
15 of 6:30 p.m. and 6:30 a.m., after payment of all
16 applicable State and local taxes and interstate
17 commission fees, the remainder of the amount retained
18 from simulcast wagering otherwise attributable to the
19 host track and to host track purses shall be split daily
20 between the 2 organization licensees and the purses at
21 the tracks of the 2 organization licensees, respectively,
22 based on each organization licensee's share of the total
23 live handle for that day, provided that this provision
24 shall not apply to any non-host licensee that derives its
25 license from a track located in a county with a
26 population in excess of 230,000 and that borders the
27 Mississippi River.
28 (9) (Blank).
29 (10) (Blank).
30 (11) (Blank).
31 (12) The Board shall have authority to compel all
32 host tracks to receive the simulcast of any or all races
33 conducted at the Springfield or DuQuoin State fairgrounds
34 and include all such races as part of their simulcast
-10- LRB9201929LDprA
1 programs.
2 (13) Notwithstanding any other provision of this
3 Act, in the event that the total Illinois pari-mutuel
4 handle on Illinois horse races at all wagering facilities
5 in any calendar year is less than 75% of the total
6 Illinois pari-mutuel handle on Illinois horse races at
7 all such wagering facilities for calendar year 1994, then
8 each wagering facility that has an annual total Illinois
9 pari-mutuel handle on Illinois horse races that is less
10 than 75% of the total Illinois pari-mutuel handle on
11 Illinois horse races at such wagering facility for
12 calendar year 1994, shall be permitted to receive, from
13 any amount otherwise payable to the purse account at the
14 race track with which the wagering facility is affiliated
15 in the succeeding calendar year, an amount equal to 2% of
16 the differential in total Illinois pari-mutuel handle on
17 Illinois horse races at the wagering facility between
18 that calendar year in question and 1994 provided,
19 however, that a wagering facility shall not be entitled
20 to any such payment until the Board certifies in writing
21 to the wagering facility the amount to which the wagering
22 facility is entitled and a schedule for payment of the
23 amount to the wagering facility, based on: (i) the racing
24 dates awarded to the race track affiliated with the
25 wagering facility during the succeeding year; (ii) the
26 sums available or anticipated to be available in the
27 purse account of the race track affiliated with the
28 wagering facility for purses during the succeeding year;
29 and (iii) the need to ensure reasonable purse levels
30 during the payment period. The Board's certification
31 shall be provided no later than January 31 of the
32 succeeding year. In the event a wagering facility
33 entitled to a payment under this paragraph (13) is
34 affiliated with a race track that maintains purse
-11- LRB9201929LDprA
1 accounts for both standardbred and thoroughbred racing,
2 the amount to be paid to the wagering facility shall be
3 divided between each purse account pro rata, based on the
4 amount of Illinois handle on Illinois standardbred and
5 thoroughbred racing respectively at the wagering facility
6 during the previous calendar year. Annually, the General
7 Assembly shall appropriate sufficient funds from the
8 General Revenue Fund to the Department of Agriculture for
9 payment into the thoroughbred and standardbred horse
10 racing purse accounts at Illinois pari-mutuel tracks.
11 The amount paid to each purse account shall be the amount
12 certified by the Illinois Racing Board in January to be
13 transferred from each account to each eligible racing
14 facility in accordance with the provisions of this
15 Section.
16 (h) The Board may approve and license the conduct of
17 inter-track wagering and simulcast wagering by inter-track
18 wagering licensees and inter-track wagering location
19 licensees subject to the following terms and conditions:
20 (1) Any person licensed to conduct a race meeting
21 at a track where 60 or more days of racing were conducted
22 during the immediately preceding calendar year or where
23 over the 5 immediately preceding calendar years an
24 average of 30 or more days of racing were conducted
25 annually or at a track located in a county that is
26 bounded by the Mississippi River, which has a population
27 of less than 150,000 according to the 1990 decennial
28 census, and an average of at least 60 days of racing per
29 year between 1985 and 1993 may be issued an inter-track
30 wagering license. Any such person having operating
31 control of the racing facility may also receive up to 6
32 inter-track wagering location licenses. In no event shall
33 more than 6 inter-track wagering locations be established
34 for each eligible race track, except that an eligible
-12- LRB9201929LDprA
1 race track located in a county that has a population of
2 more than 230,000 and that is bounded by the Mississippi
3 River may establish up to 7 inter-track wagering
4 locations. An application for said license shall be filed
5 with the Board prior to such dates as may be fixed by the
6 Board. With an application for an inter-track wagering
7 location license there shall be delivered to the Board a
8 certified check or bank draft payable to the order of the
9 Board for an amount equal to $500. The application shall
10 be on forms prescribed and furnished by the Board. The
11 application shall comply with all other rules,
12 regulations and conditions imposed by the Board in
13 connection therewith.
14 (2) The Board shall examine the applications with
15 respect to their conformity with this Act and the rules
16 and regulations imposed by the Board. If found to be in
17 compliance with the Act and rules and regulations of the
18 Board, the Board may then issue a license to conduct
19 inter-track wagering and simulcast wagering to such
20 applicant. All such applications shall be acted upon by
21 the Board at a meeting to be held on such date as may be
22 fixed by the Board.
23 (3) In granting licenses to conduct inter-track
24 wagering and simulcast wagering, the Board shall give due
25 consideration to the best interests of the public, of
26 horse racing, and of maximizing revenue to the State.
27 (4) Prior to the issuance of a license to conduct
28 inter-track wagering and simulcast wagering, the
29 applicant shall file with the Board a bond payable to the
30 State of Illinois in the sum of $50,000, executed by the
31 applicant and a surety company or companies authorized to
32 do business in this State, and conditioned upon (i) the
33 payment by the licensee of all taxes due under Section 27
34 or 27.1 and any other monies due and payable under this
-13- LRB9201929LDprA
1 Act, and (ii) distribution by the licensee, upon
2 presentation of the winning ticket or tickets, of all
3 sums payable to the patrons of pari-mutuel pools.
4 (5) Each license to conduct inter-track wagering
5 and simulcast wagering shall specify the person to whom
6 it is issued, the dates on which such wagering is
7 permitted, and the track or location where the wagering
8 is to be conducted.
9 (6) All wagering under such license is subject to
10 this Act and to the rules and regulations from time to
11 time prescribed by the Board, and every such license
12 issued by the Board shall contain a recital to that
13 effect.
14 (7) An inter-track wagering licensee or inter-track
15 wagering location licensee may accept wagers at the track
16 or location where it is licensed, or as otherwise
17 provided under this Act.
18 (8) Inter-track wagering or simulcast wagering
19 shall not be conducted at any track less than 5 miles
20 from a track at which a racing meeting is in progress.
21 (8.1) Inter-track wagering location licensees who
22 derive their licenses from a particular organization
23 licensee shall conduct inter-track wagering and simulcast
24 wagering only at locations which are either within 90
25 miles of that race track where the particular
26 organization licensee is licensed to conduct racing, or
27 within 135 miles of that race track where the particular
28 organization licensee is licensed to conduct racing in
29 the case of race tracks in counties of less than 400,000
30 that were operating on or before June 1, 1986. However,
31 inter-track wagering and simulcast wagering shall not be
32 conducted by those licensees at any location within 5
33 miles of any race track at which a horse race meeting has
34 been licensed in the current year, unless the person
-14- LRB9201929LDprA
1 having operating control of such race track has given its
2 written consent to such inter-track wagering location
3 licensees, which consent must be filed with the Board at
4 or prior to the time application is made.
5 (8.2) Inter-track wagering or simulcast wagering
6 shall not be conducted by an inter-track wagering
7 location licensee at any location within 500 feet of an
8 existing church or existing school, nor within 500 feet
9 of the residences of more than 50 registered voters
10 without receiving written permission from a majority of
11 the registered voters at such residences. Such written
12 permission statements shall be filed with the Board. The
13 distance of 500 feet shall be measured to the nearest
14 part of any building used for worship services, education
15 programs, residential purposes, or conducting inter-track
16 wagering by an inter-track wagering location licensee,
17 and not to property boundaries. However, inter-track
18 wagering or simulcast wagering may be conducted at a site
19 within 500 feet of a church, school or residences of 50
20 or more registered voters if such church, school or
21 residences have been erected or established, or such
22 voters have been registered, after the Board issues the
23 original inter-track wagering location license at the
24 site in question. Inter-track wagering location licensees
25 may conduct inter-track wagering and simulcast wagering
26 only in areas that are zoned for commercial or
27 manufacturing purposes or in areas for which a special
28 use has been approved by the local zoning authority.
29 However, no license to conduct inter-track wagering and
30 simulcast wagering shall be granted by the Board with
31 respect to any inter-track wagering location within the
32 jurisdiction of any local zoning authority which has, by
33 ordinance or by resolution, prohibited the establishment
34 of an inter-track wagering location within its
-15- LRB9201929LDprA
1 jurisdiction. However, inter-track wagering and
2 simulcast wagering may be conducted at a site if such
3 ordinance or resolution is enacted after the Board
4 licenses the original inter-track wagering location
5 licensee for the site in question.
6 (9) (Blank).
7 (10) An inter-track wagering licensee or an
8 inter-track wagering location licensee may retain,
9 subject to the payment of the privilege taxes and the
10 purses, an amount not to exceed 17% of all money wagered.
11 Each program of racing conducted by each inter-track
12 wagering licensee or inter-track wagering location
13 licensee shall be considered a separate racing day for
14 the purpose of determining the daily handle and computing
15 the privilege tax or pari-mutuel tax on such daily handle
16 as provided in Section 27.
17 (10.1) Except as provided in subsection (g) of
18 Section 27 of this Act, inter-track wagering location
19 licensees shall pay 1% of the pari-mutuel handle at each
20 location to the municipality in which such location is
21 situated and 1% of the pari-mutuel handle at each
22 location to the county in which such location is
23 situated. In the event that an inter-track wagering
24 location licensee is situated in an unincorporated area
25 of a county, such licensee shall pay 2% of the
26 pari-mutuel handle from such location to such county.
27 (10.2) Notwithstanding any other provision of this
28 Act, with respect to intertrack wagering at a race track
29 located in a county that has a population of more than
30 230,000 and that is bounded by the Mississippi River
31 ("the first race track"), or at a facility operated by an
32 inter-track wagering licensee or inter-track wagering
33 location licensee that derives its license from the
34 organization licensee that operates the first race track,
-16- LRB9201929LDprA
1 on races conducted at the first race track or on races
2 conducted at another Illinois race track and
3 simultaneously televised to the first race track or to a
4 facility operated by an inter-track wagering licensee or
5 inter-track wagering location licensee that derives its
6 license from the organization licensee that operates the
7 first race track, those moneys shall be allocated as
8 follows:
9 (A) That portion of all moneys wagered on
10 standardbred racing that is required under this Act
11 to be paid to purses shall be paid to purses for
12 standardbred races.
13 (B) That portion of all moneys wagered on
14 thoroughbred racing that is required under this Act
15 to be paid to purses shall be paid to purses for
16 thoroughbred races.
17 (11) (A) After payment of the privilege or
18 pari-mutuel tax, any other applicable taxes, and the
19 costs and expenses in connection with the gathering,
20 transmission, and dissemination of all data necessary to
21 the conduct of inter-track wagering, the remainder of the
22 monies retained under either Section 26 or Section 26.2
23 of this Act by the inter-track wagering licensee on
24 inter-track wagering shall be allocated with 50% to be
25 split between the 2 participating licensees and 50% to
26 purses, except that an intertrack wagering licensee that
27 derives its license from a track located in a county with
28 a population in excess of 230,000 and that borders the
29 Mississippi River shall not divide any remaining
30 retention with the Illinois organization licensee that
31 provides the race or races, and an intertrack wagering
32 licensee that accepts wagers on races conducted by an
33 organization licensee that conducts a race meet in a
34 county with a population in excess of 230,000 and that
-17- LRB9201929LDprA
1 borders the Mississippi River shall not divide any
2 remaining retention with that organization licensee.
3 (B) From the sums permitted to be retained pursuant
4 to this Act each inter-track wagering location licensee
5 shall pay (i) the privilege or pari-mutuel tax to the
6 State; (ii) 4.75% of the pari-mutuel handle on intertrack
7 wagering at such location on races as purses, except that
8 an intertrack wagering location licensee that derives its
9 license from a track located in a county with a
10 population in excess of 230,000 and that borders the
11 Mississippi River shall retain all purse moneys for its
12 own purse account consistent with distribution set forth
13 in this subsection (h), and intertrack wagering location
14 licensees that accept wagers on races conducted by an
15 organization licensee located in a county with a
16 population in excess of 230,000 and that borders the
17 Mississippi River shall distribute all purse moneys to
18 purses at the operating host track; (iii) until January
19 1, 2000, except as provided in subsection (g) of Section
20 27 of this Act, 1% of the pari-mutuel handle wagered on
21 inter-track wagering and simulcast wagering at each
22 inter-track wagering location licensee facility to the
23 Horse Racing Tax Allocation Fund, provided that, to the
24 extent the total amount collected and distributed to the
25 Horse Racing Tax Allocation Fund under this subsection
26 (h) during any calendar year exceeds the amount collected
27 and distributed to the Horse Racing Tax Allocation Fund
28 during calendar year 1994, that excess amount shall be
29 redistributed (I) to all inter-track wagering location
30 licensees, based on each licensee's pro-rata share of the
31 total handle from inter-track wagering and simulcast
32 wagering for all inter-track wagering location licensees
33 during the calendar year in which this provision is
34 applicable; then (II) the amounts redistributed to each
-18- LRB9201929LDprA
1 inter-track wagering location licensee as described in
2 subpart (I) shall be further redistributed as provided in
3 subparagraph (B) of paragraph (5) of subsection (g) of
4 this Section 26 provided first, that the shares of those
5 amounts, which are to be redistributed to the host track
6 or to purses at the host track under subparagraph (B) of
7 paragraph (5) of subsection (g) of this Section 26 shall
8 be redistributed based on each host track's pro rata
9 share of the total inter-track wagering and simulcast
10 wagering handle at all host tracks during the calendar
11 year in question, and second, that any amounts
12 redistributed as described in part (I) to an inter-track
13 wagering location licensee that accepts wagers on races
14 conducted by an organization licensee that conducts a
15 race meet in a county with a population in excess of
16 230,000 and that borders the Mississippi River shall be
17 further redistributed as provided in subparagraphs (D)
18 and (E) of paragraph (7) of subsection (g) of this
19 Section 26, with the portion of that further
20 redistribution allocated to purses at that organization
21 licensee to be divided between standardbred purses and
22 thoroughbred purses based on the amounts otherwise
23 allocated to purses at that organization licensee during
24 the calendar year in question; and (iv) 8% of the
25 pari-mutuel handle on inter-track wagering wagered at
26 such location to satisfy all costs and expenses of
27 conducting its wagering. The remainder of the monies
28 retained by the inter-track wagering location licensee
29 shall be allocated 40% to the location licensee and 60%
30 to the organization licensee which provides the Illinois
31 races to the location, except that an intertrack wagering
32 location licensee that derives its license from a track
33 located in a county with a population in excess of
34 230,000 and that borders the Mississippi River shall not
-19- LRB9201929LDprA
1 divide any remaining retention with the organization
2 licensee that provides the race or races and an
3 intertrack wagering location licensee that accepts wagers
4 on races conducted by an organization licensee that
5 conducts a race meet in a county with a population in
6 excess of 230,000 and that borders the Mississippi River
7 shall not divide any remaining retention with the
8 organization licensee. Notwithstanding the provisions of
9 clauses (ii) and (iv) of this paragraph, in the case of
10 the additional inter-track wagering location licenses
11 authorized under paragraph (1) of this subsection (h) by
12 this amendatory Act of 1991, those licensees shall pay
13 the following amounts as purses: during the first 12
14 months the licensee is in operation, 5.25% of the
15 pari-mutuel handle wagered at the location on races;
16 during the second 12 months, 5.25%; during the third 12
17 months, 5.75%; during the fourth 12 months, 6.25%; and
18 during the fifth 12 months and thereafter, 6.75%. The
19 following amounts shall be retained by the licensee to
20 satisfy all costs and expenses of conducting its
21 wagering: during the first 12 months the licensee is in
22 operation, 8.25% of the pari-mutuel handle wagered at the
23 location; during the second 12 months, 8.25%; during the
24 third 12 months, 7.75%; during the fourth 12 months,
25 7.25%; and during the fifth 12 months and thereafter,
26 6.75%. For additional intertrack wagering location
27 licensees authorized under this amendatory Act of 1995,
28 purses for the first 12 months the licensee is in
29 operation shall be 5.75% of the pari-mutuel wagered at
30 the location, purses for the second 12 months the
31 licensee is in operation shall be 6.25%, and purses
32 thereafter shall be 6.75%. For additional intertrack
33 location licensees authorized under this amendatory Act
34 of 1995, the licensee shall be allowed to retain to
-20- LRB9201929LDprA
1 satisfy all costs and expenses: 7.75% of the pari-mutuel
2 handle wagered at the location during its first 12 months
3 of operation, 7.25% during its second 12 months of
4 operation, and 6.75% thereafter.
5 (C) There is hereby created the Horse Racing Tax
6 Allocation Fund which shall remain in existence until
7 December 31, 1999. Moneys remaining in the Fund after
8 December 31, 1999 shall be paid into the General Revenue
9 Fund. Until January 1, 2000, all monies paid into the
10 Horse Racing Tax Allocation Fund pursuant to this
11 paragraph (11) by inter-track wagering location licensees
12 located in park districts of 500,000 population or less,
13 or in a municipality that is not included within any park
14 district but is included within a conservation district
15 and is the county seat of a county that (i) is contiguous
16 to the state of Indiana and (ii) has a 1990 population of
17 88,257 according to the United States Bureau of the
18 Census, and operating on May 1, 1994 shall be allocated
19 by appropriation as follows:
20 Two-sevenths to the Department of Agriculture.
21 Fifty percent of this two-sevenths shall be used to
22 promote the Illinois horse racing and breeding
23 industry, and shall be distributed by the Department
24 of Agriculture upon the advice of a 9-member
25 committee appointed by the Governor consisting of
26 the following members: the Director of Agriculture,
27 who shall serve as chairman; 2 representatives of
28 organization licensees conducting thoroughbred race
29 meetings in this State, recommended by those
30 licensees; 2 representatives of organization
31 licensees conducting standardbred race meetings in
32 this State, recommended by those licensees; a
33 representative of the Illinois Thoroughbred Breeders
34 and Owners Foundation, recommended by that
-21- LRB9201929LDprA
1 Foundation; a representative of the Illinois
2 Standardbred Owners and Breeders Association,
3 recommended by that Association; a representative of
4 the Horsemen's Benevolent and Protective Association
5 or any successor organization thereto established in
6 Illinois comprised of the largest number of owners
7 and trainers, recommended by that Association or
8 that successor organization; and a representative of
9 the Illinois Harness Horsemen's Association,
10 recommended by that Association. Committee members
11 shall serve for terms of 2 years, commencing January
12 1 of each even-numbered year. If a representative
13 of any of the above-named entities has not been
14 recommended by January 1 of any even-numbered year,
15 the Governor shall appoint a committee member to
16 fill that position. Committee members shall receive
17 no compensation for their services as members but
18 shall be reimbursed for all actual and necessary
19 expenses and disbursements incurred in the
20 performance of their official duties. The remaining
21 50% of this two-sevenths shall be distributed to
22 county fairs for premiums and rehabilitation as set
23 forth in the Agricultural Fair Act;
24 Four-sevenths to park districts or
25 municipalities that do not have a park district of
26 500,000 population or less for museum purposes (if
27 an inter-track wagering location licensee is located
28 in such a park district) or to conservation
29 districts for museum purposes (if an inter-track
30 wagering location licensee is located in a
31 municipality that is not included within any park
32 district but is included within a conservation
33 district and is the county seat of a county that (i)
34 is contiguous to the state of Indiana and (ii) has a
-22- LRB9201929LDprA
1 1990 population of 88,257 according to the United
2 States Bureau of the Census, except that if the
3 conservation district does not maintain a museum,
4 the monies shall be allocated equally between the
5 county and the municipality in which the inter-track
6 wagering location licensee is located for general
7 purposes) or to a municipal recreation board for
8 park purposes (if an inter-track wagering location
9 licensee is located in a municipality that is not
10 included within any park district and park
11 maintenance is the function of the municipal
12 recreation board and the municipality has a 1990
13 population of 9,302 according to the United States
14 Bureau of the Census); provided that the monies are
15 distributed to each park district or conservation
16 district or municipality that does not have a park
17 district in an amount equal to four-sevenths of the
18 amount collected by each inter-track wagering
19 location licensee within the park district or
20 conservation district or municipality for the Fund.
21 Monies that were paid into the Horse Racing Tax
22 Allocation Fund before the effective date of this
23 amendatory Act of 1991 by an inter-track wagering
24 location licensee located in a municipality that is
25 not included within any park district but is
26 included within a conservation district as provided
27 in this paragraph shall, as soon as practicable
28 after the effective date of this amendatory Act of
29 1991, be allocated and paid to that conservation
30 district as provided in this paragraph. Any park
31 district or municipality not maintaining a museum
32 may deposit the monies in the corporate fund of the
33 park district or municipality where the inter-track
34 wagering location is located, to be used for general
-23- LRB9201929LDprA
1 purposes; and
2 One-seventh to the Agricultural Premium Fund to
3 be used for distribution to agricultural home
4 economics extension councils in accordance with "An
5 Act in relation to additional support and finances
6 for the Agricultural and Home Economic Extension
7 Councils in the several counties of this State and
8 making an appropriation therefor", approved July 24,
9 1967.
10 Until January 1, 2000, all other monies paid into
11 the Horse Racing Tax Allocation Fund pursuant to this
12 paragraph (11) shall be allocated by appropriation as
13 follows:
14 Two-sevenths to the Department of Agriculture.
15 Fifty percent of this two-sevenths shall be used to
16 promote the Illinois horse racing and breeding
17 industry, and shall be distributed by the Department
18 of Agriculture upon the advice of a 9-member
19 committee appointed by the Governor consisting of
20 the following members: the Director of Agriculture,
21 who shall serve as chairman; 2 representatives of
22 organization licensees conducting thoroughbred race
23 meetings in this State, recommended by those
24 licensees; 2 representatives of organization
25 licensees conducting standardbred race meetings in
26 this State, recommended by those licensees; a
27 representative of the Illinois Thoroughbred Breeders
28 and Owners Foundation, recommended by that
29 Foundation; a representative of the Illinois
30 Standardbred Owners and Breeders Association,
31 recommended by that Association; a representative of
32 the Horsemen's Benevolent and Protective Association
33 or any successor organization thereto established in
34 Illinois comprised of the largest number of owners
-24- LRB9201929LDprA
1 and trainers, recommended by that Association or
2 that successor organization; and a representative of
3 the Illinois Harness Horsemen's Association,
4 recommended by that Association. Committee members
5 shall serve for terms of 2 years, commencing January
6 1 of each even-numbered year. If a representative
7 of any of the above-named entities has not been
8 recommended by January 1 of any even-numbered year,
9 the Governor shall appoint a committee member to
10 fill that position. Committee members shall receive
11 no compensation for their services as members but
12 shall be reimbursed for all actual and necessary
13 expenses and disbursements incurred in the
14 performance of their official duties. The remaining
15 50% of this two-sevenths shall be distributed to
16 county fairs for premiums and rehabilitation as set
17 forth in the Agricultural Fair Act;
18 Four-sevenths to museums and aquariums located
19 in park districts of over 500,000 population;
20 provided that the monies are distributed in
21 accordance with the previous year's distribution of
22 the maintenance tax for such museums and aquariums
23 as provided in Section 2 of the Park District
24 Aquarium and Museum Act; and
25 One-seventh to the Agricultural Premium Fund to
26 be used for distribution to agricultural home
27 economics extension councils in accordance with "An
28 Act in relation to additional support and finances
29 for the Agricultural and Home Economic Extension
30 Councils in the several counties of this State and
31 making an appropriation therefor", approved July 24,
32 1967. This subparagraph (C) shall be inoperative and
33 of no force and effect on and after January 1, 2000.
34 (D) Except as provided in paragraph (11) of
-25- LRB9201929LDprA
1 this subsection (h), with respect to purse
2 allocation from intertrack wagering, the monies so
3 retained shall be divided as follows:
4 (i) If the inter-track wagering licensee,
5 except an intertrack wagering licensee that
6 derives its license from an organization
7 licensee located in a county with a population
8 in excess of 230,000 and bounded by the
9 Mississippi River, is not conducting its own
10 race meeting during the same dates, then the
11 entire purse allocation shall be to purses at
12 the track where the races wagered on are being
13 conducted.
14 (ii) If the inter-track wagering
15 licensee, except an intertrack wagering
16 licensee that derives its license from an
17 organization licensee located in a county with
18 a population in excess of 230,000 and bounded
19 by the Mississippi River, is also conducting
20 its own race meeting during the same dates,
21 then the purse allocation shall be as follows:
22 50% to purses at the track where the races
23 wagered on are being conducted; 50% to purses
24 at the track where the inter-track wagering
25 licensee is accepting such wagers.
26 (iii) If the inter-track wagering is
27 being conducted by an inter-track wagering
28 location licensee, except an intertrack
29 wagering location licensee that derives its
30 license from an organization licensee located
31 in a county with a population in excess of
32 230,000 and bounded by the Mississippi River,
33 the entire purse allocation for Illinois races
34 shall be to purses at the track where the race
-26- LRB9201929LDprA
1 meeting being wagered on is being held.
2 (12) The Board shall have all powers necessary and
3 proper to fully supervise and control the conduct of
4 inter-track wagering and simulcast wagering by
5 inter-track wagering licensees and inter-track wagering
6 location licensees, including, but not limited to the
7 following:
8 (A) The Board is vested with power to
9 promulgate reasonable rules and regulations for the
10 purpose of administering the conduct of this
11 wagering and to prescribe reasonable rules,
12 regulations and conditions under which such wagering
13 shall be held and conducted. Such rules and
14 regulations are to provide for the prevention of
15 practices detrimental to the public interest and for
16 the best interests of said wagering and to impose
17 penalties for violations thereof.
18 (B) The Board, and any person or persons to
19 whom it delegates this power, is vested with the
20 power to enter the facilities of any licensee to
21 determine whether there has been compliance with the
22 provisions of this Act and the rules and regulations
23 relating to the conduct of such wagering.
24 (C) The Board, and any person or persons to
25 whom it delegates this power, may eject or exclude
26 from any licensee's facilities, any person whose
27 conduct or reputation is such that his presence on
28 such premises may, in the opinion of the Board, call
29 into the question the honesty and integrity of, or
30 interfere with the orderly conduct of such wagering;
31 provided, however, that no person shall be excluded
32 or ejected from such premises solely on the grounds
33 of race, color, creed, national origin, ancestry, or
34 sex.
-27- LRB9201929LDprA
1 (D) (Blank).
2 (E) The Board is vested with the power to
3 appoint delegates to execute any of the powers
4 granted to it under this Section for the purpose of
5 administering this wagering and any rules and
6 regulations promulgated in accordance with this Act.
7 (F) The Board shall name and appoint a State
8 director of this wagering who shall be a
9 representative of the Board and whose duty it shall
10 be to supervise the conduct of inter-track wagering
11 as may be provided for by the rules and regulations
12 of the Board; such rules and regulation shall
13 specify the method of appointment and the Director's
14 powers, authority and duties.
15 (G) The Board is vested with the power to
16 impose civil penalties of up to $5,000 against
17 individuals and up to $10,000 against licensees for
18 each violation of any provision of this Act relating
19 to the conduct of this wagering, any rules adopted
20 by the Board, any order of the Board or any other
21 action which in the Board's discretion, is a
22 detriment or impediment to such wagering.
23 (13) The Department of Agriculture may enter into
24 agreements with licensees authorizing such licensees to
25 conduct inter-track wagering on races to be held at the
26 licensed race meetings conducted by the Department of
27 Agriculture. Such agreement shall specify the races of
28 the Department of Agriculture's licensed race meeting
29 upon which the licensees will conduct wagering. In the
30 event that a licensee conducts inter-track pari-mutuel
31 wagering on races from the Illinois State Fair or DuQuoin
32 State Fair which are in addition to the licensee's
33 previously approved racing program, those races shall be
34 considered a separate racing day for the purpose of
-28- LRB9201929LDprA
1 determining the daily handle and computing the privilege
2 or pari-mutuel tax on that daily handle as provided in
3 Sections 27 and 27.1. Such agreements shall be approved
4 by the Board before such wagering may be conducted. In
5 determining whether to grant approval, the Board shall
6 give due consideration to the best interests of the
7 public and of horse racing. The provisions of paragraphs
8 (1), (8), (8.1), and (8.2) of subsection (h) of this
9 Section which are not specified in this paragraph (13)
10 shall not apply to licensed race meetings conducted by
11 the Department of Agriculture at the Illinois State Fair
12 in Sangamon County or the DuQuoin State Fair in Perry
13 County, or to any wagering conducted on those race
14 meetings.
15 (i) Notwithstanding the other provisions of this Act,
16 the conduct of wagering at wagering facilities is authorized
17 on all days, except as limited by subsection (b) of Section
18 19 of this Act.
19 (Source: P.A. 91-40, eff. 6-25-99.)
20 (230 ILCS 5/34.2 new)
21 Sec. 34.2. Limitation on automated teller machines, cash
22 loans, and post-dated checks.
23 (a) An organization licensee shall not engage in or
24 authorize any of the following at its race track or on the
25 grounds of any of its inter-track wagering facilities:
26 (1) the loaning of cash to any person; or
27 (2) the accepting of a post-dated check.
28 (b) The prohibition in paragraph (1) of subsection (a)
29 against loaning cash shall not prohibit an organization
30 licensee from authorizing a person to establish a line of
31 credit with the organization licensee.
32 (c) A violation of this Section is a Class C
33 misdemeanor.
-29- LRB9201929LDprA
1 Section 15. The Riverboat Gambling Act is amended by
2 changing Sections 11 and 18 and adding Section 13.2 as
3 follows:
4 (230 ILCS 10/11) (from Ch. 120, par. 2411)
5 Sec. 11. Conduct of gambling. Gambling may be conducted
6 by licensed owners aboard riverboats, subject to the
7 following standards:
8 (1) A licensee may conduct riverboat gambling
9 authorized under this Act regardless of whether it
10 conducts excursion cruises. A licensee may permit the
11 continuous ingress and egress of passengers for the
12 purpose of gambling.
13 (1.1) A license may not conduct gambling between
14 the hours of 3:00 A.M. and 5:00 A.M.
15 (2) (Blank).
16 (3) Minimum and maximum wagers on games shall be
17 set by the licensee.
18 (4) Agents of the Board and the Department of State
19 Police may board and inspect any riverboat at any time
20 for the purpose of determining whether this Act is being
21 complied with. Every riverboat, if under way and being
22 hailed by a law enforcement officer or agent of the
23 Board, must stop immediately and lay to.
24 (5) Employees of the Board shall have the right to
25 be present on the riverboat or on adjacent facilities
26 under the control of the licensee.
27 (6) Gambling equipment and supplies customarily
28 used in conducting riverboat gambling must be purchased
29 or leased only from suppliers licensed for such purpose
30 under this Act.
31 (7) Persons licensed under this Act shall permit no
32 form of wagering on gambling games except as permitted by
33 this Act.
-30- LRB9201929LDprA
1 (8) Wagers may be received only from a person
2 present on a licensed riverboat. No person present on a
3 licensed riverboat shall place or attempt to place a
4 wager on behalf of another person who is not present on
5 the riverboat.
6 (9) Wagering shall not be conducted with money or
7 other negotiable currency.
8 (10) A person under age 21 shall not be permitted
9 on an area of a riverboat where gambling is being
10 conducted, except for a person at least 18 years of age
11 who is an employee of the riverboat gambling operation.
12 No employee under age 21 shall perform any function
13 involved in gambling by the patrons. No person under age
14 21 shall be permitted to make a wager under this Act.
15 (11) Gambling excursion cruises are permitted only
16 when the waterway for which the riverboat is licensed is
17 navigable, as determined by the Board in consultation
18 with the U.S. Army Corps of Engineers. This paragraph
19 (11) does not limit the ability of a licensee to conduct
20 gambling authorized under this Act when gambling
21 excursion cruises are not permitted.
22 (12) All tokens, chips or electronic cards used to
23 make wagers must be purchased from a licensed owner
24 either aboard a riverboat or at an onshore facility which
25 has been approved by the Board and which is located where
26 the riverboat docks. The tokens, chips or electronic
27 cards may be purchased by means of an agreement under
28 which the owner extends credit to the patron. Such
29 tokens, chips or electronic cards may be used while
30 aboard the riverboat only for the purpose of making
31 wagers on gambling games.
32 (13) Notwithstanding any other Section of this Act,
33 in addition to the other licenses authorized under this
34 Act, the Board may issue special event licenses allowing
-31- LRB9201929LDprA
1 persons who are not otherwise licensed to conduct
2 riverboat gambling to conduct such gambling on a
3 specified date or series of dates. Riverboat gambling
4 under such a license may take place on a riverboat not
5 normally used for riverboat gambling. The Board shall
6 establish standards, fees and fines for, and limitations
7 upon, such licenses, which may differ from the standards,
8 fees, fines and limitations otherwise applicable under
9 this Act. All such fees shall be deposited into the
10 State Gaming Fund. All such fines shall be deposited
11 into the Education Assistance Fund, created by Public Act
12 86-0018, of the State of Illinois.
13 (14) In addition to the above, gambling must be
14 conducted in accordance with all rules adopted by the
15 Board.
16 (Source: P.A. 91-40, eff. 6-25-99.)
17 (230 ILCS 10/13.2 new)
18 Sec. 13.2. Limitation on automated teller machines, cash
19 loans, and post-dated checks.
20 (a) An owners licensee shall not engage in or authorize
21 any of the following on board its riverboat or on its dock:
22 (1) the loaning of cash to any person; or
23 (2) the accepting of a post-dated check.
24 (b) The prohibition in paragraph (1) of subsection (a)
25 against loaning cash shall not prohibit an owners licensee
26 from authorizing a person to establish a line of credit with
27 the owners licensee.
28 (230 ILCS 10/18) (from Ch. 120, par. 2418)
29 Sec. 18. Prohibited Activities - Penalty.
30 (a) A person is guilty of a Class A misdemeanor for
31 doing any of the following:
32 (1) Conducting gambling where wagering is used or
-32- LRB9201929LDprA
1 to be used without a license issued by the Board.
2 (2) Conducting gambling where wagering is permitted
3 other than in the manner specified by Section 11.
4 (b) A person is guilty of a Class B misdemeanor for
5 doing any of the following:
6 (1) permitting a person under 21 years to make a
7 wager; or
8 (2) violating paragraph (12) of subsection (a) of
9 Section 11 of this Act.
10 (b-1) A person is guilty of a Class C misdemeanor for
11 violating Section 13.2 of this Act.
12 (c) A person wagering or accepting a wager at any
13 location outside the riverboat is subject to the penalties in
14 paragraphs (1) or (2) of subsection (a) of Section 28-1 of
15 the Criminal Code of 1961.
16 (d) A person commits a Class 4 felony and, in addition,
17 shall be barred for life from riverboats under the
18 jurisdiction of the Board, if the person does any of the
19 following:
20 (1) Offers, promises, or gives anything of value or
21 benefit to a person who is connected with a riverboat
22 owner including, but not limited to, an officer or
23 employee of a licensed owner or holder of an occupational
24 license pursuant to an agreement or arrangement or with
25 the intent that the promise or thing of value or benefit
26 will influence the actions of the person to whom the
27 offer, promise, or gift was made in order to affect or
28 attempt to affect the outcome of a gambling game, or to
29 influence official action of a member of the Board.
30 (2) Solicits or knowingly accepts or receives a
31 promise of anything of value or benefit while the person
32 is connected with a riverboat including, but not limited
33 to, an officer or employee of a licensed owner, or holder
34 of an occupational license, pursuant to an understanding
-33- LRB9201929LDprA
1 or arrangement or with the intent that the promise or
2 thing of value or benefit will influence the actions of
3 the person to affect or attempt to affect the outcome of
4 a gambling game, or to influence official action of a
5 member of the Board.
6 (3) Uses or possesses with the intent to use a
7 device to assist:
8 (i) In projecting the outcome of the game.
9 (ii) In keeping track of the cards played.
10 (iii) In analyzing the probability of the
11 occurrence of an event relating to the gambling
12 game.
13 (iv) In analyzing the strategy for playing or
14 betting to be used in the game except as permitted
15 by the Board.
16 (4) Cheats at a gambling game.
17 (5) Manufactures, sells, or distributes any cards,
18 chips, dice, game or device which is intended to be used
19 to violate any provision of this Act.
20 (6) Alters or misrepresents the outcome of a
21 gambling game on which wagers have been made after the
22 outcome is made sure but before it is revealed to the
23 players.
24 (7) Places a bet after acquiring knowledge, not
25 available to all players, of the outcome of the gambling
26 game which is subject of the bet or to aid a person in
27 acquiring the knowledge for the purpose of placing a bet
28 contingent on that outcome.
29 (8) Claims, collects, or takes, or attempts to
30 claim, collect, or take, money or anything of value in or
31 from the gambling games, with intent to defraud, without
32 having made a wager contingent on winning a gambling
33 game, or claims, collects, or takes an amount of money or
34 thing of value of greater value than the amount won.
-34- LRB9201929LDprA
1 (9) Uses counterfeit chips or tokens in a gambling
2 game.
3 (10) Possesses any key or device designed for the
4 purpose of opening, entering, or affecting the operation
5 of a gambling game, drop box, or an electronic or
6 mechanical device connected with the gambling game or for
7 removing coins, tokens, chips or other contents of a
8 gambling game. This paragraph (10) does not apply to a
9 gambling licensee or employee of a gambling licensee
10 acting in furtherance of the employee's employment.
11 (e) The possession of more than one of the devices
12 described in subsection (d), paragraphs (3), (5) or (10)
13 permits a rebuttable presumption that the possessor intended
14 to use the devices for cheating.
15 An action to prosecute any crime occurring on a riverboat
16 shall be tried in the county of the dock at which the
17 riverboat is based.
18 (Source: P.A. 91-40, eff. 6-25-99.)
19 Section 99. Effective date. This Act takes effect upon
20 becoming law.