HB1067sam002 93RD GENERAL ASSEMBLY

Sen. Emil Jones Jr.

Filed: 5/25/2004

09300HB1067sam002 LRB093 05456 LRD 51596 a

AMENDMENT TO HOUSE BILL 1067

AMENDMENT NO. ____. Amend House Bill 1067 by replacing everything after the enacting clause with the following:

4		"Section 1. Short title. This Act may be cited as the
5		Chicago Casino Development Authority Act.

6		Section 5. Definitions. As used in this Act:
7		"Authority" means the Chicago Casino Development Authority
8		created by this Act.
9		"Board" means the board appointed pursuant to this Act to
10		govern and control the Authority.
11		"Casino" means one or more temporary land-based or
12		river-based facilities and a permanent land-based facility, at
13		each of which lawful gambling is authorized and licensed as
14		provided in the Riverboat and Casino Gambling Act.
15		"City" means the City of Chicago.
16		"Casino operator" means any person developing or managing a
17		casino pursuant to a casino development and management
18		contract.
19		"Casino development and management contract" means a
20		legally binding agreement between the Board and one or more
21		casino operators, as specified in Section 45 of this Act.
22		"Executive director" means the person appointed by the
23		Board to oversee the daily operations of the Authority.
24		"Gaming Board" means the Illinois Gaming Board created by

1		the Riverboat and Casino Gambling Act.
2		"Mayor" means the Mayor of the City.

3		Section 15. Board.
4		(a) The governing and administrative powers of the
5		Authority shall be vested in a body known as the Chicago Casino
6		Development Board. The Board shall consist of 5 members, each
7		of whom shall be appointed by the Mayor, subject to advice and
8		consent by the corporate authorities of the City, after the
9		completion of a background investigation and approval by the
10		Illinois Gaming Board. One of these members shall be designated
11		by the Mayor to serve as chairperson. If the corporate
12		authorities fail to approve or reject a proposed appointment
13		within 45 days after the Mayor has submitted the proposed
14		appointment to the corporate authorities, the corporate
15		authorities shall be deemed to have given consent to the
16		appointment. All of the members shall be residents of the City.
17		(b) A Board member shall not hold any other public office
18		under the laws or Constitution of this State or any political
19		subdivision thereof.
20		(c) Board members shall receive $300 for each day the
21		Authority meets and shall be entitled to reimbursement of
22		reasonable expenses incurred in the performance of their
23		official duties. A Board member who serves in the office of
24		secretary or treasurer may also receive compensation for
25		services provided as that officer.

26		Section 20. Terms of appointments; resignation and
27		removal.
28		(a) The Mayor shall appoint 2 members of the Board for
29		initial terms expiring July 1, 2005, 2 members for initial
30		terms expiring July 1, 2007, and one member, who shall serve as
31		chairperson, for an initial term expiring July 1, 2009. At the
32		expiration of the term of any member, his or her successor

1		shall be appointed by the Mayor in like manner as appointments
2		for the initial terms.
3		(b) All successors shall hold office for a term of 5 years
4		from the first day of July of the year in which they are
5		appointed, except in the case of an appointment to fill a
6		vacancy. All subsequent chairpersons shall hold office for a
7		term of 5 years. Each member, including the chairperson, shall
8		hold office until the expiration of his or her term and until
9		his or her successor is appointed. Nothing shall preclude a
10		member or a chairperson from serving consecutive terms. Any
11		member may resign from his or her office, to take effect when
12		his or her successor has been appointed and has qualified.
13		(c) The Mayor may remove any member of the Board upon a
14		finding of incompetence, neglect of duty, misfeasance or
15		malfeasance in office, or for a violation of Ethics Section 32,
16		on the part of the board member to be removed. In addition the
17		Gaming Board may remove any member of the Board for violation
18		of any provision of the Riverboat and Casino Gambling Act or
19		the rules and regulations of the Gaming Board. In case of a
20		member's failure to qualify within the time required or
21		abandonment of his or her office, or in the case of a member's
22		death, indictment, or conviction for, or pleading guilty to, a
23		felony or removal from office, his or her office shall become
24		vacant. Each vacancy shall be filled for the unexpired term by
25		appointment in like manner, as in the case of expiration of the
26		term of a member of the Board.

27		Section 25. As soon as practicable after the effective date
28		of this Act, the Board shall organize for the transaction of
29		business. The Board shall prescribe the time and place for
30		meetings, the manner in which special meetings may be called,
31		and the notice that must be given to members. All actions and
32		meetings of the Board and its committees shall be subject to
33		the provisions of the Open Meetings Act. Three members of the

1		Board shall constitute a quorum for the transaction of
2		business. All substantive action of the Board shall be by
3		resolution. The affirmative vote of at least 3 members shall be
4		necessary for the adoption of any resolution.

5		Section 30. Executive director. Officers.
6		(a) The Board shall appoint an executive director, who
7		shall be the chief executive officer of the Authority. The
8		Board shall fix the compensation of the executive director.
9		Subject to the general control of the Board, the executive
10		director shall be responsible for the management of the
11		business, properties, and employees of the Authority. The
12		executive director shall direct the enforcement of all
13		resolutions, rules, and regulations of the Board, and shall
14		perform such other duties as may be prescribed from time to
15		time by the Board. All employees and independent contractors,
16		consultants, engineers, architects, accountants, attorneys,
17		financial experts, construction experts and personnel,
18		superintendents, managers, and other personnel appointed or
19		employed pursuant to this Act shall report to the executive
20		director. In addition to any other duties set forth in this
21		Act, the executive director shall do all of the following:
22		(1) Direct and supervise the administrative affairs
23		and activities of the Authority in accordance with its
24		rules, regulations, and policies.
25		(2) Attend meetings of the Board.
26		(3) Keep minutes of all proceedings of the Board.
27		(4) Approve all accounts for salaries, per diem
28		payments, and allowable expenses of the Board and its
29		employees and consultants.
30		(5) Report and make recommendations to the Board
31		concerning the terms and conditions of any casino
32		development and management contract.
33		(6) Perform any other duty that the Board requires for

1		carrying out the provisions of this Act.
2		(7) Devote his or her full time to the duties of the
3		office and not hold any other office or employment.
4		(b) The Board shall select a secretary and a treasurer, who
5		need not be members of the Board, to hold office at the
6		pleasure of the Board. The Board shall fix the duties and
7		compensation of each such officer.

8		Section 32. Code of Ethics.
9		(a) No person who is an officer or employee of the
10		Authority or the City may have a financial interest, either
11		directly or indirectly, in his own name or in the name of any
12		other person, partnership, association, trust, corporation, or
13		other entity, in any contract or the performance of any work of
14		the Authority. No such person may represent, either
15		professionally or as agent or otherwise, any person,
16		partnership, association, trust, corporation, or other
17		business entity, with respect to any application or bid for any
18		Authority contract or work, nor may any such person take or
19		receive, or offer to take or receive, either directly or
20		indirectly, any money or other thing of value as a gift or
21		bribe or means of influencing his or her vote or action in his
22		or her official character. Any contract made and procured in
23		violation of this Section is void. The provisions of this
24		Section shall continue to apply equally and in all respects for
25		a period of 2 years from and after the date on which he or she
26		ceases to be an officer or employee.
27		(b) Any person under subsection (a) may provide materials,
28		merchandise, property, services, or labor, if:
29		(1) the contract is with a person, firm, partnership,
30		association, corporation, or other business entity in
31		which the interested person has less than a 7 1/2% share in
32		the ownership;
33		(2) the interested person publicly discloses the

1		nature and extent of his or her interest prior to or during
2		deliberations concerning the proposed award of the
3		contract;
4		(3) the interested person, if a Board member, abstains
5		from voting on the award of the contract, though he or she
6		shall be considered present for the purposes of
7		establishing a quorum;
8		(4) the contract is approved by a majority vote of
9		those members presently holding office;
10		(5) for a contract the amount of which exceeds $1,500,
11		the contract is awarded after sealed bids to the lowest
12		responsible bidder; and
13		(6) the award of the contract would not cause the
14		aggregate amount of all such contracts so awarded to the
15		same person, firm, association, partnership, corporation,
16		or other business entity in the same fiscal year to exceed
17		$25,000.
18		A contract for the procurement of public utility services
19		with a public utility company is not barred by this Section by
20		any such person being an officer or employee of the public
21		utility company or holding an ownership interest of no more
22		than 7 1/2% in the public utility company. Any such person
23		having such an interest shall be deemed not to have a
24		prohibited interest under this Section.
25		(c) Before any contract relating to the ownership or use of
26		real property is entered into by and between the Authority, the
27		identity of every owner and beneficiary having an interest,
28		real or personal, in such property, and every shareholder
29		entitled to receive more than 7 1/2% of the total distributable
30		income of any corporation having any interest, real or
31		personal, in such property must be disclosed. The disclosure
32		shall be in writing and shall be subscribed by an owner,
33		authorized trustee, corporate official, or managing agent
34		under oath. However, if stock in a corporation is publicly

1		traded and there is no readily known individual having greater
2		than a 7 1/2% interest, then a statement to that effect,
3		subscribed to under oath by an officer of the corporation or
4		its managing agent, shall fulfill the disclosure statement
5		requirement of this Section. This Section shall be liberally
6		construed to accomplish the purpose of requiring the
7		identification of the actual parties benefiting from any
8		transaction with the Authority involving the procurement of the
9		ownership or use of real property thereby.
10		(d) Any member of the Board, officer or employee of the
11		Authority, or other person, who violates any provision of this
12		Section, is guilty of a Class 4 felony and in addition thereto,
13		any office or official position held by any person so convicted
14		shall become vacant, and shall be so declared as part of the
15		judgment of court.
16		(e) As used in this Section: "financial interest" means (i)
17		any interest as a result of which the owner currently receives
18		or is entitled to receive in the future more than $2,500 per
19		year; (ii) any interest with a cost or present value of $5,000
20		or more; or (iii) any interest representing more than 10% of a
21		corporation, partnership, sole proprietorship, firm,
22		enterprise, franchise, organization, holding company, joint
23		stock company, receivership, trust, or any legal entity
24		organized for profit; provided, however, financial interest
25		shall not include (i) any interest of the spouse of an official
26		or employee which interest is related to the spouse's
27		independent occupation, profession, or employment; (ii) any
28		ownership through purchase at fair market value or inheritance
29		of less than 1% of the shares of a corporation, or any
30		corporate subsidiary, parent, or affiliate thereof, regardless
31		of the value of or dividends on such shares, if such shares are
32		registered on a securities exchange pursuant to the Securities
33		Exchange Act of 1934, as amended; (iii) the authorized
34		compensation paid to an official or employee for his office or

1		employment; (iv) a time or demand deposit in a financial
2		institution; and (v) an endowment or insurance policy or
3		annuity contract purchased from an insurance company.

4		Section 35. General powers of the Board. In addition to the
5		specific powers and duties set forth elsewhere in this Act, the
6		Board may do any of the following:
7		(1) Adopt and alter an official seal.
8		(2) Sue and be sued, plead and be impleaded, all in its own
9		name, and agree to binding arbitration of any dispute to which
10		it is a party.
11		(3) Adopt, amend, and repeal by-laws, rules, and
12		regulations consistent with furtherance of the powers and
13		duties provided in this Act.
14		(4) Maintain its principal office within the City and such
15		other offices as the Board may designate.
16		(5) Employ, either as regular employees or independent
17		contractors, consultants, engineers, architects, accountants,
18		attorneys, financial experts, construction experts and
19		personnel, superintendents, managers and other professional
20		personnel, casino personnel, and such other personnel as may be
21		necessary in the judgment of the Board, and fix their
22		compensation.
23		(6) Acquire, hold, lease, use, encumber, transfer, or
24		dispose of real and personal property, including the alteration
25		of or demolition of improvements to real estate.
26		(7) Enter into, revoke, and modify contracts of any kind,
27		including the casino development and management contracts
28		specified in Section 45.
29		(9) Subject to the provisions of Section 70, develop, or
30		cause to be developed, a master plan for design, planning, and
31		development of the casino.
32		(10) Negotiate and enter into intergovernmental agreements
33		with the State and its agencies, the City, and other units of

1		local government, in furtherance of the powers and duties of
2		the Board.
3		(12) Receive and disburse funds for its own corporate
4		purposes or as otherwise specified in this Act.
5		(13) Borrow money from any source, public or private, for
6		any corporate purpose, including, without limitation, working
7		capital for its operations, reserve funds, or payment of
8		interest, and to mortgage, pledge, or otherwise encumber the
9		property or funds of the Authority and to contract with or
10		engage the services of any person in connection with any
11		financing, including financial institutions, issuers of
12		letters of credit, or insurers and enter into reimbursement
13		agreements with this person which may be secured as if money
14		were borrowed from the person.
15		(14) Issue bonds as provided under this Act.
16		(15) Receive and accept from any source, private or public,
17		contributions, gifts, or grants of money or property.
18		(16) Make loans from proceeds or funds otherwise available
19		to the extent necessary or appropriate to accomplish the
20		purposes of the Authority.
21		(17) Provide for the insurance of any property, operations,
22		officers, members, agents, or employees of the Authority
23		against any risk or hazard, to self-insure or participate in
24		joint self-insurance pools or entities to insure against such
25		risk or hazard, and to provide for the indemnification of its
26		officers, members, employees, contractors, or agents against
27		any and all risks.
28		(18) Require the removal or relocation of any building,
29		railroad, main, pipe, conduit, wire, pole, structure,
30		facility, or equipment as may be needed to carry out the powers
31		of the Authority, with the Authority to compensate the person
32		required to remove or relocate the building, railroad, main,
33		pipe, conduit, wire, pole, structure, facility, or equipment as
34		provided by law, without the necessity to secure any approval

1		from the Illinois Commerce Commission for such removal or for
2		such relocation.
3		(19) Exercise all the corporate powers granted Illinois
4		corporations under the Business Corporation Act of 1983, except
5		to the extent that powers are inconsistent with those of a body
6		politic and corporate of the State.
7		(20) Establish and change its fiscal year.
8		(21) Do all things necessary or convenient to carry out the
9		powers granted by this Act.

10		Section 45. Casino development and management contracts.
11		(a) The Board shall develop and administer an open and
12		competitive bidding process for the selection of casino
13		operators to develop and operate a casino within the City. The
14		Board shall issue one or more requests for proposal and shall
15		solicit proposals from casino operators in response to such a
16		request. The Board may establish minimum financial and
17		investment requirements to determine the eligibility of
18		persons to respond to the Board's requests for proposal, and
19		may establish and consider such other criteria as it deems
20		appropriate. The Board may impose a fee upon persons who
21		respond to requests for proposal, in order to reimburse the
22		Board for its costs in preparing and issuing the requests and
23		reviewing the proposals.
24		(b) The Board shall ensure that casino development and
25		management contracts provide for the development,
26		construction, and operation of a high quality casino, and
27		provide for the maximum amounts of revenue that reasonably may
28		be available to the Authority and the City.
29		(c) The Board shall evaluate the responses to its requests
30		for proposal and the ability of all persons or entities
31		responding to its request for proposal to meet the requirements
32		of this Act and to undertake and perform the obligations set
33		forth in its requests for proposal.

1		(d) After the review and evaluation of the proposals
2		submitted, the Board shall, in its discretion, enter into one
3		or more casino development and management contracts
4		authorizing the development, construction, and operation of
5		the casino, subject to the provisions of the Riverboat and
6		Casino Gambling Act. The Board may award a casino development
7		and management contract to a person or persons submitting
8		proposals that are not the highest bidders. In doing so it may
9		take into account other factors, such as experience, financial
10		condition, assistance in financing, reputation, and any other
11		factors the Board, in its discretion, believes may increase
12		revenues at the casino.
13		(e) The Board shall transmit to the Gaming Board a copy of
14		each casino development and management contract after it is
15		executed.
16		(f) The Board may enter into a casino and development
17		contract prior to or after adopting a resolution approving a
18		location for the casino and submitting an application for an
19		owners license to the Gaming Board under the Riverboat and
20		Casino Gambling Act.

21		Section 50. Transfer of funds. The revenues received by the
22		Authority (other than amounts required to pay the operating
23		expenses of the Authority, to pay amounts due the casino
24		operator pursuant to a casino management and development
25		contract, to repay any borrowing of the Authority made pursuant
26		to Section 35, to pay debt service on any bonds issued under
27		Section 75, and to pay any expenses in connection with the
28		issuance of such bonds pursuant to Section 75 or derivative
29		products pursuant to Section 85) shall be transferred to the
30		City by the Authority and may be applied to any public purpose
31		benefiting the residents of the City.

32

Section 60. Authority annual expenses. Until sufficient

1		revenues become available for such purpose, the Authority and
2		the City may enter into an intergovernmental agreement whereby
3		the Authority shall receive or borrow funds from the City for
4		its annual operating expenses.

5		Section 65. Acquisition of property; eminent domain
6		proceedings.
7		(a) The Authority may acquire in its own name, by gift or
8		purchase, any real or personal property or interests in real or
9		personal property necessary or convenient to carry out the
10		purposes of the Act.
11		(b) For the lawful purposes of this Act, the City may
12		acquire by eminent domain or by condemnation proceedings in the
13		manner provided by Article VII of the Code of Civil Procedure,
14		real or personal property or interests in real or personal
15		property located in the City, and may convey to the Authority
16		property so acquired. The acquisition of property under this
17		Section is declared to be for a public use.

18		Section 70. Local regulation. The casino facilities and
19		operations therein shall be subject to all ordinances and
20		regulations of the City. The construction, development, and
21		operation of the casino shall comply with all ordinances,
22		regulations, rules, and controls of the City, including but not
23		limited to those relating to zoning and planned development,
24		building, fire prevention, and land use. However, the
25		regulation of gaming operations is subject to the exclusive
26		jurisdiction of the Gaming Board, except as limited by the
27		Riverboat and Casino Gambling Act.

28		Section 75. Borrowing.
29		(a) The Authority may at any time and from time to time
30		borrow money and issue bonds as provided in this Section. Bonds
31		of the Authority may be issued to provide funds for land

1		acquisition, site assembly and preparation, and infrastructure
2		improvements required in connection with the development of the
3		casino; to pay, refund (at the time or in advance of any
4		maturity or redemption), or redeem any bonds of the Authority;
5		to provide or increase a debt service reserve fund or other
6		reserves with respect to any or all of its bonds; to pay
7		interest on bonds; or to pay the legal, financial,
8		administrative, bond insurance, credit enhancement, and other
9		legal expenses of the authorization, issuance, or delivery of
10		bonds. In this Act, the term "bonds" also includes notes of any
11		kind, interim certificates, refunding bonds, or any other
12		evidence of obligation for borrowed money issued under this
13		Section. Bonds may be issued in one or more series and may be
14		payable and secured either on a parity with or separately from
15		other bonds.
16		(b) The bonds of the Authority shall be payable solely from
17		one or more of the following sources: (i) the property or
18		revenues of the Authority; (ii) revenues derived from the
19		casino; (iii) revenues derived from any casino operator; (iv)
20		fees, bid proceeds, charges, lease payments, payments required
21		pursuant to any casino development and management contract or
22		other revenues payable to the Authority, or any receipts of the
23		Authority; (v) payments by financial institutions, insurance
24		companies, or others pursuant to letters or lines of credit,
25		policies of insurance, or purchase agreements; (vi) investment
26		earnings from funds or accounts maintained pursuant to a bond
27		resolution or trust indenture; and (vii) proceeds of refunding
28		bonds.
29		(c) Bonds shall be authorized by a resolution of the
30		Authority and may be secured by a trust indenture by and
31		between the Authority and a corporate trustee or trustees,
32		which may be any trust company or bank having the powers of a
33		trust company within or without the State. Bonds may:
34		(i) Mature at a time or times, whether as serial

1		bonds, term bonds, or both, not exceeding 40 years from
2		their respective dates of issue.
3		(ii) Without regard to any limitation established
4		by statute, bear interest in the manner or determined
5		by the method provided in the resolution or trust
6		indenture.
7		(iii) Be payable at a time or times, in the
8		denominations and form, including book entry form,
9		either coupon, registered, or both, and carry the
10		registration and privileges as to exchange, transfer
11		or conversion, and replacement of mutilated, lost, or
12		destroyed bonds as the resolution or trust indenture
13		may provide.
14		(iv) Be payable in lawful money of the United
15		States at a designated place.
16		(v) Be subject to the terms of purchase, payment,
17		redemption, refunding, or refinancing that the
18		resolution or trust indenture provides.
19		(vi) Be executed by the manual or facsimile
20		signatures of the officers of the Authority designated
21		by the Board, which signatures shall be valid at
22		delivery even for one who has ceased to hold office.
23		(vii) Be sold at public or private sale in the
24		manner and upon the terms determined by the Authority.
25		(viii) Be issued in accordance with the provisions
26		of the Local Government Debt Reform Act.
27		(d) Any resolution or trust indenture may contain, subject
28		to the Riverboat and Casino Gambling Act and rules of the
29		Gaming Board regarding pledging of interests in holders of
30		owners licenses, provisions that shall be a part of the
31		contract with the holders of the bonds as to the following:
32		(1) Pledging, assigning, or directing the use,
33		investment, or disposition of revenues of the Authority or
34		proceeds or benefits of any contract, including without

1		limitation, any rights in any casino development and
2		management contract.
3		(2) The setting aside of loan funding deposits, debt
4		service reserves, capitalized interest accounts,
5		replacement or operating reserves, cost of issuance
6		accounts and sinking funds, and the regulation,
7		investment, and disposition thereof.
8		(3) Limitations on the purposes to which or the
9		investments in which the proceeds of sale of any issue of
10		bonds or the Authority's revenues and receipts may be
11		applied or made.
12		(4) Limitations on the issue of additional bonds, the
13		terms upon which additional bonds may be issued and
14		secured, the terms upon which additional bonds may rank on
15		a parity with, or be subordinate or superior to, other
16		bonds.
17		(5) The refunding, advance refunding, or refinancing
18		of outstanding bonds.
19		(6) The procedure, if any, by which the terms of any
20		contract with bondholders may be altered or amended and the
21		amount of bonds and holders of which must consent thereto
22		and the manner in which consent shall be given.
23		(7) Defining the acts or omissions which shall
24		constitute a default in the duties of the Authority to
25		holders of bonds and providing the rights or remedies of
26		such holders in the event of a default, which may include
27		provisions restricting individual rights of action by
28		bondholders.
29		(8) Providing for guarantees, pledges of property,
30		letters of credit, or other security, or insurance for the
31		benefit of bondholders.
32		(9) Any other matter relating to the bonds that the
33		Authority determines appropriate.
34		(e) No member of the Board, nor any person executing the

1		bonds, shall be liable personally on the bonds or subject to
2		any personal liability by reason of the issuance of the bonds.
3		(f) The Authority may issue and secure bonds in accordance
4		with the provisions of the Local Government Credit Enhancement
5		Act.
6		(g) A pledge by the Authority of revenues and receipts as
7		security for an issue of bonds or for the performance of its
8		obligations under any casino development and management
9		contract shall be valid and binding from the time when the
10		pledge is made. The revenues and receipts pledged shall
11		immediately be subject to the lien of the pledge without any
12		physical delivery or further act, and the lien of any pledge
13		shall be valid and binding against any person having any claim
14		of any kind in tort, contract, or otherwise against the
15		Authority, irrespective of whether the person has notice. No
16		resolution, trust indenture, management agreement or financing
17		statement, continuation statement, or other instrument adopted
18		or entered into by the Authority need be filed or recorded in
19		any public record other than the records of the Authority in
20		order to perfect the lien against third persons, regardless of
21		any contrary provision of law.
22		(h) By its authorizing resolution for particular bonds, the
23		Authority may provide for specific terms of those bonds,
24		including, without limitation, the purchase price and terms,
25		interest rate or rates, redemption terms and principal amounts
26		maturing in each year, to be established by one or more members
27		of the Board or officers of the Authority, all within a
28		specific range of discretion established by the authorizing
29		resolution.
30		(i) Bonds that are being paid or retired by issuance, sale,
31		or delivery of bonds, and bonds for which sufficient funds have
32		been deposited with the paying agent or trustee to provide for
33		payment of principal and interest thereon, and any redemption
34		premium, as provided in the authorizing resolution, shall not

1		be considered outstanding for the purposes of this subsection.
2		(j) The bonds of the Authority shall not be indebtedness of
3		the City, of the State, or of any political subdivision of the
4		State other than the Authority. The bonds of the Authority are
5		not general obligations of the State or the City and are not
6		secured by a pledge of the full faith and credit of the State
7		or the City and the holders of bonds of the Authority may not
8		require, except as provided in this Act, the application of
9		revenues or funds to the payment of bonds of the Authority.
10		(k) The State of Illinois pledges and agrees with the
11		owners of the bonds that it will not limit or alter the rights
12		and powers vested in the Authority by this Act so as to impair
13		the terms of any contract made by the Authority with the owners
14		or in any way impair the rights and remedies of the owners
15		until the bonds, together with interest on them, and all costs
16		and expenses in connection with any action or proceedings by or
17		on behalf of the owners, are fully met and discharged. The
18		Authority is authorized to include this pledge and agreement in
19		any contract with the owners of bonds issued under this
20		Section.

21		Section 85. Derivative products. With respect to all or
22		part of any issue of its bonds, the Authority may enter into
23		agreements or contracts with any necessary or appropriate
24		person, which will have the benefit of providing to the
25		Authority an interest rate basis, cash flow basis, or other
26		basis different from that provided in the bonds for the payment
27		of interest. Such agreements or contracts may include, without
28		limitation, agreements or contracts commonly known as
29		"interest rate swap agreements", "forward payment conversion
30		agreements", "futures", "options", "puts", or "calls" and
31		agreements or contracts providing for payments based on levels
32		of or changes in interest rates, agreements or contracts to
33		exchange cash flows or a series of payments, or to hedge

1		payment, rate spread, or similar exposure

2		Section 90. Legality for investment. The State of Illinois,
3		all governmental entities, all public officers, banks,
4		bankers, trust companies, savings banks and institutions,
5		building and loan associations, savings and loan associations,
6		investment companies, and other persons carrying on a banking
7		business, insurance companies, insurance associations, and
8		other persons carrying on an insurance business, and all
9		executors, administrators, guardians, trustees, and other
10		fiduciaries may legally invest any sinking funds, moneys, or
11		other funds belonging to them or within their control in any
12		bonds issued under this Act. However, nothing in this Section
13		shall be construed as relieving any person, firm, or
14		corporation from any duty of exercising reasonable care in
15		selecting securities for purchase or investment.

16		Section 95. Tax exemption. The Authority and all of its
17		operations and property used for public purposes shall be
18		exempt from all taxation of any kind imposed by the State of
19		Illinois or any political subdivision, school district,
20		municipal corporation, or unit of local government of the State
21		of Illinois. However, nothing in this Act prohibits the
22		imposition of any other taxes where such imposition is not
23		prohibited by Section 21 of the Riverboat and Casino Gambling
24		Act

25		Section 100. Application of laws. The Governmental Account
26		Audit Act, the Public Funds Statement Publication Act, and the
27		Illinois Municipal Budget Law shall not apply to the Authority.

28		Section 105. Budgets and reporting.
29		(a) Promptly following the execution of each casino
30		development and management contract provided for in this Act,

1		the Authority shall submit a written report with respect
2		thereto to the Governor, the Mayor, the Secretary of the
3		Senate, the Clerk of the House of Representatives, and the
4		Illinois Economic and Fiscal Commission.
5		(b) The Authority shall annually adopt a current expense
6		budget for each fiscal year. The budget may be modified from
7		time to time in the same manner and upon the same vote as it may
8		be adopted. The budget shall include the Authority's available
9		funds and estimated revenues and shall provide for payment of
10		its obligations and estimated expenditures for the fiscal year,
11		including, without limitation, expenditures for
12		administration, operation, maintenance and repairs, debt
13		service, and deposits into reserve and other funds and capital
14		projects.
15		(c) The Board shall annually cause the finances of the
16		Authority to be audited by a firm of certified public
17		accountants.
18		(d) The Authority shall, for each fiscal year, prepare an
19		annual report setting forth information concerning its
20		activities in the fiscal year and the status of the development
21		of the casino. The annual report shall include the audited
22		financial statements of the Authority for the fiscal year, the
23		budget for the succeeding fiscal year, and the current capital
24		plan as of the date of the report. Copies of the annual report
25		shall be made available to persons who request them and shall
26		be submitted not later than 120 days after the end of the
27		Authority's fiscal year to the Governor, the Mayor, the
28		Secretary of the Senate, the Clerk of the House of
29		Representatives, and the Illinois Economic and Fiscal
30		Commission.

31		Section 110. Deposit and withdrawal of funds.
32		(a) All funds deposited by the Authority in any bank or
33		savings and loan association shall be placed in the name of the

1		Authority and shall be withdrawn or paid out only by check or
2		draft upon the bank or savings and loan association, signed by
3		2 officers or employees designated by the Board.
4		Notwithstanding any other provision of this Section, the Board
5		may designate any of its members or any officer or employee of
6		the Authority to authorize the wire transfer of funds deposited
7		by the secretary-treasurer of funds in a bank or savings and
8		loan association for the payment of payroll and employee
9		benefits-related expenses.
10		No bank or savings and loan association shall receive
11		public funds as permitted by this Section unless it has
12		complied with the requirements established pursuant to Section
13		6 of the Public Funds Investment Act.
14		(b) If any officer or employee whose signature appears upon
15		any check or draft issued pursuant to this Act ceases (after
16		attaching his signature) to hold his or her office before the
17		delivery of such a check or draft to the payee, his or her
18		signature shall nevertheless be valid and sufficient for all
19		purposes with the same effect as if he or she had remained in
20		office until delivery thereof.

21		Section 115. Purchasing.
22		(a) All construction contracts and contracts for supplies,
23		materials, equipment, and services, when the cost thereof to
24		the Authority exceeds $25,000, shall be let to the lowest
25		responsible bidder, after advertising for bids, except for the
26		following:
27		(1) When repair parts, accessories, equipment, or
28		services are required for equipment or services previously
29		furnished or contracted for;
30		(2) Professional services;
31		(3) When services such as water, light, heat, power,
32		telephone (other than long-distance service), or telegraph
33		are required;

1		(4) When contracts for the use, purchase, delivery,
2		movement, or installation of data processing equipment,
3		software, or services and telecommunications equipment,
4		software, and services are required;
5		(5) Casino development and management contracts, which
6		shall be awarded as set forth in Section 45 of this Act.
7		(b) All contracts involving less than $25,000 shall be let
8		by competitive bidding whenever possible, and in any event in a
9		manner calculated to ensure the best interests of the public.
10		(c) Each bidder shall disclose in his or her bid the name
11		of each individual having a beneficial interest, directly or
12		indirectly, of more than 1% in such bidding entity and, if such
13		bidding entity is a corporation, the names of each of its
14		officers and directors. The bidder shall notify the Authority
15		of any changes in its ownership or its officers or directors at
16		the time such changes occur if the change occurs during the
17		pendency of a proposal or a contract.
18		(d) In determining the responsibility of any bidder, the
19		Authority may take into account the bidder's (or an individual
20		having a beneficial interest, directly or indirectly, of more
21		than 1% in such bidding entity) past record of dealings with
22		the Authority, the bidder's experience, adequacy of equipment,
23		and ability to complete performance within the time set, and
24		other factors besides financial responsibility, but in no case
25		shall any such contract be awarded to any other than the lowest
26		bidder (in case of purchase or expenditure) unless authorized
27		or approved by a vote of at least 4 members of the Board, and
28		unless such action is accompanied by a statement in writing
29		setting forth the reasons for not awarding the contract to the
30		highest or lowest bidder, as the case may be. The statement
31		shall be kept on file in the principal office of the Authority
32		and open to public inspection.
33		(e) Contracts shall not be split into parts involving
34		expenditures of less than $25,000 for the purposes of avoiding

1		the provisions of this Section, and all such split contracts
2		shall be void. If any collusion occurs among bidders or
3		prospective bidders in restraint of freedom of competition, by
4		agreement to bid a fixed amount, to refrain from bidding, or
5		otherwise, the bids of such bidders shall be void. Each bidder
6		shall accompany his or her bid with a sworn statement that he
7		or she has not been a party to any such agreement.
8		(f) The Authority shall have the right to reject all bids
9		and to re-advertise for bids. If after any such
10		re-advertisement, no responsible and satisfactory bid, within
11		the terms of the re-advertisement, is received, the Authority
12		may award such contract without competitive bidding, provided
13		that it shall not be less advantageous to the Authority than
14		any valid bid received pursuant to advertisement.
15		(g) Advertisements for bids and re-bids shall be published
16		at least once in a daily newspaper of general circulation
17		published in the City at least 10 calendar days before the time
18		for receiving bids, and such advertisements shall also be
19		posted on readily accessible bulletin boards in the principal
20		office of the Authority. Such advertisements shall state the
21		time and place for receiving and opening of bids and, by
22		reference to plans and specifications on file at the time of
23		the first publication or in the advertisement itself, shall
24		describe the character of the proposed contract in sufficient
25		detail to fully advise prospective bidders of their obligations
26		and to ensure free and open competitive bidding.
27		(h) All bids in response to advertisements shall be sealed
28		and shall be publicly opened by the Authority. All bidders
29		shall be entitled to be present in person or by
30		representatives. Cash or a certified or satisfactory cashier's
31		check, as a deposit of good faith, in a reasonable amount to be
32		fixed by the Authority before advertising for bids, shall be
33		required with the proposal of each bidder. A bond for faithful
34		performance of the contract with surety or sureties

1		satisfactory to the Authority and adequate insurance may be
2		required in reasonable amounts to be fixed by the Authority
3		before advertising for bids.
4		(i) The contract shall be awarded as promptly as possible
5		after the opening of bids. The bid of the successful bidder, as
6		well as the bids of the unsuccessful bidders, shall be placed
7		on file and be open to public inspection. All bids shall be
8		void if any disclosure of the terms of any bid in response to
9		an advertisement is made or permitted to be made by the
10		Authority before the time fixed for opening bids.

11		Section 130. Affirmative action and equal opportunity
12		obligations of Authority.
13		(a) The Authority shall establish and maintain an
14		affirmative action program designed to promote equal
15		employment and management opportunity and eliminate the
16		effects of past discrimination in the City and the State. The
17		program shall include a plan, including timetables where
18		appropriate, which shall specify goals and methods for
19		increasing participation by women and minorities in employment
20		and management by the Authority and by parties that contract
21		with the Authority. The program shall also establish procedures
22		and sanctions (including debarment), which the Authority shall
23		enforce to ensure compliance with the plan established pursuant
24		to this Section and with State and federal laws and regulations
25		relating to the employment of women and minorities. A
26		determination by the Authority as to whether a party to a
27		contract with the Authority has achieved the goals or employed
28		the methods for increasing participation by women and
29		minorities shall be made in accordance with the terms of such
30		contracts or the applicable provisions of rules and regulations
31		existing at the time the contract was executed, including any
32		provisions for consideration of good faith efforts at
33		compliance that the Authority may reasonably adopt.

1		(b) The Authority shall adopt and maintain minority and
2		female owned business enterprise procurement programs under
3		the affirmative action program described in subsection (a) for
4		any and all work undertaken by the Authority and for the
5		development and management of any casino owned by the City.
6		That work shall include, but is not limited to, the purchase of
7		professional services, construction services, supplies,
8		materials, and equipment. The programs shall establish goals of
9		awarding not less than 25% of the annual dollar value of all
10		contracts, including but not limited to management and
11		development contracts, purchase orders, and other agreements
12		(collectively referred to as "contracts"), to minority owned
13		businesses and 5% of the annual dollar value of all contracts
14		to female owned businesses. Without limiting the generality of
15		the foregoing, the programs shall require, in connection with
16		the prequalification or consideration of vendors for
17		professional service contracts, construction contracts,
18		contracts for supplies, materials, equipment, and services,
19		and development and management contracts that each proposer or
20		bidder submit as part of his or her proposal or bid a
21		commitment detailing how he or she will expend 25% or more of
22		the dollar value of his or her contracts with one or more
23		minority owned businesses and 5% or more of the dollar value
24		with one or more female owned businesses. Bids or proposals
25		that do not include such detailed commitments are not
26		responsive and shall be rejected unless the Authority deems it
27		appropriate to grant a waiver of these requirements. The
28		commitment to minority and female owned business participation
29		may be met by the contractor's, professional service
30		provider's, developer's, or manager's status as a minority or
31		female owned business, by joint venture, by subcontracting a
32		portion of the work with or purchasing materials for the work
33		from one or more such businesses, or by any combination
34		thereof. Each contract shall require the contractor, provider,

1		developer, or manager to submit a certified monthly report
2		detailing the status of its compliance with the Authority's
3		minority and female owned business enterprise procurement
4		program. If, in connection with a particular contract, the
5		Authority determines that it is impracticable or excessively
6		costly to obtain minority or female owned businesses to perform
7		sufficient work to fulfill the commitment required by this
8		subsection (b), the Authority shall reduce or waive the
9		commitment in the contract, as may be appropriate. The
10		Authority shall establish rules setting forth the standards to
11		be used in determining whether or not a reduction or waiver is
12		appropriate. The terms "minority owned business" and "female
13		owned business" have the meanings given to those terms in the
14		Business Enterprise for Minorities, Females, and Persons with
15		Disabilities Act.
16		(c) The Authority is authorized to enter into agreements
17		with contractors' associations, labor unions, and the
18		contractors working on the development of the casino to
19		establish an apprenticeship preparedness training program to
20		provide for an increase in the number of minority and female
21		journeymen and apprentices in the building trades and to enter
22		into agreements with community college districts or other
23		public or private institutions to provide readiness training.
24		The Authority is further authorized to enter into contracts
25		with public and private educational institutions and persons in
26		the gaming, entertainment, hospitality, and tourism industries
27		to provide training for employment in those industries.

28		Section 145. Severability. The provisions of this Act are
29		severable under Section 1.31 of the Statute on Statutes.

30		Section 900. The Alcoholism and Other Drug Abuse and
31		Dependency Act is amended by changing Section 5-20 as follows:

1		(20 ILCS 301/5-20)
2		Sec. 5-20. Compulsive gambling program.
3		(a) Subject to appropriation, the Department shall
4		establish a program for public education, research, and
5		training regarding problem and compulsive gambling and the
6		treatment and prevention of problem and compulsive gambling.
7		Subject to specific appropriation for these stated purposes,
8		the program must include all of the following:
9		(1) Establishment and maintenance of a toll-free "800"
10		telephone number to provide crisis counseling and referral
11		services to families experiencing difficulty as a result of
12		problem or compulsive gambling.
13		(2) Promotion of public awareness regarding the
14		recognition and prevention of problem and compulsive
15		gambling.
16		(3) Facilitation, through in-service training and
17		other means, of the availability of effective assistance
18		programs for problem and compulsive gamblers.
19		(4) Conducting studies to identify adults and
20		juveniles in this State who are, or who are at risk of
21		becoming, problem or compulsive gamblers.
22		(b) Subject to appropriation, the Department shall either
23		establish and maintain the program or contract with a private
24		or public entity for the establishment and maintenance of the
25		program. Subject to appropriation, either the Department or the
26		private or public entity shall implement the toll-free
27		telephone number, promote public awareness, and conduct
28		in-service training concerning problem and compulsive
29		gambling.
30		(c) Subject to appropriation, the Department shall produce
31		and supply the signs specified in Section 10.7 of the Illinois
32		Lottery Law, Section 34.1 of the Illinois Horse Racing Act of
33		1975, Section 4.3 of the Bingo License and Tax Act, Section 8.1
34		of the Charitable Games Act, and Section 13.1 of the Riverboat

1		and Casino Gambling Act.
2		(Source: P.A. 89-374, eff. 1-1-96; 89-626, eff. 8-9-96.)

3		Section 903. The Illinois Economic Opportunity Act is
4		amended by adding Section 4.1 as follows:
5		(20 ILCS 625/4.1 new)
6		Sec. 4.1. Community Services Block Grant Oversight
7		Commission. There is hereby established the Community Services
8		Block Grant Oversight Commission. The Commission shall consist
9		of 8 members, with 2 members appointed by the President of the
10		Senate, 2 members appointed by the Minority Leader of the
11		Senate, 2 members appointed by the Speaker of the House of
12		Representatives, and 2 members appointed by the Minority Leader
13		of the House of Representatives. The Commission shall meet at
14		least 2 times per year to review projected programs funded by
15		the Department of Commerce and Economic Opportunity through the
16		Illinois Community Services Block Grant Fund. The Department
17		shall fully cooperate with all reasonable requests of the
18		Commission. Members of the Commission shall not be paid for
19		their service on a Commission, but shall receive reimbursement
20		for reasonable expenses associated with service on the
21		Commission.

22		Section 905. The Department of Revenue Law of the Civil
23		Administrative Code of Illinois is amended by changing Section
24		2505-305 as follows:
25		(20 ILCS 2505/2505-305) (was 20 ILCS 2505/39b15.1)
26		Sec. 2505-305. Investigators.
27		(a) The Department has the power to appoint investigators
28		to conduct all investigations, searches, seizures, arrests,
29		and other duties imposed under the provisions of any law
30		administered by the Department or the Illinois Gaming Board.

1		Except as provided in subsection (c), these investigators have
2		and may exercise all the powers of peace officers solely for
3		the purpose of enforcing taxing measures administered by the
4		Department or the Illinois Gaming Board.
5		(b) The Director must authorize to each investigator
6		employed under this Section and to any other employee of the
7		Department exercising the powers of a peace officer a distinct
8		badge that, on its face, (i) clearly states that the badge is
9		authorized by the Department and (ii) contains a unique
10		identifying number. No other badge shall be authorized by the
11		Department.
12		(c) Investigators appointed under this Section who are
13		assigned to the Illinois Gaming Board have and may exercise all
14		the rights and powers of peace officers, provided that these
15		powers shall be limited to offenses or violations occurring or
16		committed on a riverboat or dock or in a casino, as defined in
17		subsections (d) and (f) of Section 4 of the Riverboat and
18		Casino Gambling Act.
19		(Source: P.A. 91-239, eff. 1-1-00; 91-883, eff. 1-1-01; 92-493,
20		eff. 1-1-02.)

21		Section 910. The Tobacco Products Tax Act of 1995 is
22		amended by changing Section 99-99 as follows:
23		(35 ILCS 143/99-99)
24		Sec. 99-99. Effective date. This Section, Sections 10-1
25		through 10-90 of this Act, the changes to the Illinois
26		Administrative Procedure Act, the changes to the State
27		Employees Group Insurance Act of 1971, the changes to Sec. 5 of
28		the Children and Family Services Act, the changes to Sec. 8.27
29		of the State Finance Act, the changes to Secs. 16-136.2,
30		16-153.2, and 17-156.3 of the Illinois Pension Code, Sec. 8.19
31		of the State Mandates Act, the changes to Sec. 8.2 of the
32		Abused and Neglected Child Reporting Act, and the changes to

1		the Unemployment Insurance Act take effect upon becoming law.
2		The following provisions take effect July 1, 1995: the
3		changes to the Illinois Act on the Aging and the Civil
4		Administrative Code of Illinois; the changes to Secs. 7 and
5		8a-13 of the Children and Family Services Act; the changes to
6		the Disabled Persons Rehabilitation Act; Secs. 5.408, 5.409,
7		6z-39, and 6z-40 and the changes to Sec. 8.16 of the State
8		Finance Act; the changes to the State Prompt Payment Act, the
9		Illinois Income Tax Act, and Sec. 16-133.3 of the Illinois
10		Pension Code; Sec. 2-3.117 and the changes to Secs. 14-7.02 and
11		14-15.01 of the School Code; Sec. 2-201.5 of the Nursing Home
12		Care Act; the changes to the Child Care Act of 1969 and the
13		Riverboat and Casino Gambling Act; the changes to Secs. 3-1,
14		3-1a, 3-3, 3-4, 3-13, 5-2.1, 5-5, 5-5.02, 5-5.4, 5-13, 5-16.3,
15		5-16.5, 5A-2, 5A-3, 5C-2, 5C-7, 5D-1, 5E-10, 6-8, 6-11, 9-11,
16		12-4.4, 12-10.2, and 14-8 and the repeal of Sec. 9-11 of the
17		Illinois Public Aid Code; the changes to Sec. 3 of the Abused
18		and Neglected Child Reporting Act; and the changes to the
19		Juvenile Court Act of 1987, the Adoption Act, and the Probate
20		Act of 1975.
21		The remaining provisions of this Act take effect on the
22		uniform effective date as provided in the Effective Date of
23		Laws Act.
24		(Source: P.A. 89-21, eff. 6-6-95.)

25		Section 915. The Joliet Regional Port District Act is
26		amended by changing Section 5.1 as follows:
27		(70 ILCS 1825/5.1) (from Ch. 19, par. 255.1)
28		Sec. 5.1. Riverboat gambling. Notwithstanding any other
29		provision of this Act, the District may not regulate the
30		operation, conduct, or navigation of any riverboat gambling
31		casino licensed under the Riverboat and Casino Gambling Act,
32		and the District may not license, tax, or otherwise levy any

1		assessment of any kind on any riverboat gambling casino
2		licensed under the Riverboat and Casino Gambling Act. The
3		General Assembly declares that the powers to regulate the
4		operation, conduct, and navigation of riverboat gambling
5		casinos and to license, tax, and levy assessments upon
6		riverboat gambling casinos are exclusive powers of the State of
7		Illinois and the Illinois Gaming Board as provided in the
8		Riverboat and Casino Gambling Act.
9		(Source: P.A. 87-1175.)

10		Section 920. The Consumer Installment Loan Act is amended
11		by changing Section 12.5 as follows:
12		(205 ILCS 670/12.5)
13		Sec. 12.5. Limited purpose branch.
14		(a) Upon the written approval of the Director, a licensee
15		may maintain a limited purpose branch for the sole purpose of
16		making loans as permitted by this Act. A limited purpose branch
17		may include an automatic loan machine. No other activity shall
18		be conducted at the site, including but not limited to,
19		accepting payments, servicing the accounts, or collections.
20		(b) The licensee must submit an application for a limited
21		purpose branch to the Director on forms prescribed by the
22		Director with an application fee of $300. The approval for the
23		limited purpose branch must be renewed concurrently with the
24		renewal of the licensee's license along with a renewal fee of
25		$300 for the limited purpose branch.
26		(c) The books, accounts, records, and files of the limited
27		purpose branch's transactions shall be maintained at the
28		licensee's licensed location. The licensee shall notify the
29		Director of the licensed location at which the books, accounts,
30		records, and files shall be maintained.
31		(d) The licensee shall prominently display at the limited
32		purpose branch the address and telephone number of the

1		licensee's licensed location.
2		(e) No other business shall be conducted at the site of the
3		limited purpose branch unless authorized by the Director.
4		(f) The Director shall make and enforce reasonable rules
5		for the conduct of a limited purpose branch.
6		(g) A limited purpose branch may not be located within
7		1,000 feet of a facility operated by an inter-track wagering
8		licensee or an organization licensee subject to the Illinois
9		Horse Racing Act of 1975, on a riverboat or in a casino subject
10		to the Riverboat and Casino Gambling Act, or within 1,000 feet
11		of the location at which the riverboat docks or within 1,000
12		feet of a casino.
13		(Source: P.A. 90-437, eff. 1-1-98.)

14		Section 925. The Illinois Horse Racing Act of 1975 is
15		amended by changing Sections 1.2, 9, 20, 26, 26.1, 27, 28.1,
16		30, 31, 32.1, 36, and 42 and adding Sections 3.24, 3.25, 3.26,
17		3.27, and 56 as follows:
18		(230 ILCS 5/1.2)
19		Sec. 1.2. Legislative intent. This Act is intended to
20		benefit the people of the State of Illinois by encouraging the
21		breeding and production of race horses, assisting economic
22		development, and promoting Illinois tourism. The General
23		Assembly finds and declares it to be the public policy of the
24		State of Illinois to:
25		(a) support and enhance Illinois' horse racing industry,
26		which is a significant component within the agribusiness
27		industry;
28		(b) ensure that Illinois' horse racing industry remains
29		competitive with neighboring states;
30		(c) stimulate growth within Illinois' horse racing
31		industry, thereby encouraging new investment and development
32		to produce additional tax revenues and to create additional

1		jobs;
2		(d) promote the further growth of tourism;
3		(e) encourage the breeding of thoroughbred and
4		standardbred horses in this State; and
5		(f) ensure that public confidence and trust in the
6		credibility and integrity of racing operations and the
7		regulatory process is maintained.
8		(Source: P.A. 91-40, eff. 6-25-99.)
9		(230 ILCS 5/3.24 new)
10		Sec. 3.24. "Gross gaming receipts" means the gross receipts
11		from electronic gaming less winnings paid to wagerers.
12		(230 ILCS 5/3.25 new)
13		Sec. 3.25. "Electronic gaming" means slot machine
14		gambling, video game of chance gambling, or both that is
15		conducted at a race track pursuant to an electronic gaming
16		license.
17		(230 ILCS 5/3.26 new)
18		Sec. 3.26. "Electronic gaming license" means a license to
19		conduct electronic gaming issued under Section 56.
20		(230 ILCS 5/3.27 new)
21		Sec. 3.27. "Electronic gaming facility" means that portion
22		of an organization licensee's race track facility at which
23		electronic gaming is conducted.
24		(230 ILCS 5/9) (from Ch. 8, par. 37-9)
25		Sec. 9. The Board shall have all powers necessary and
26		proper to fully and effectively execute the provisions of this
27		Act, including, but not limited to, the following:
28		(a) The Board is vested with jurisdiction and supervision
29		over all race meetings in this State, over all licensees doing

1		business in this State, over all occupation licensees, and over
2		all persons on the facilities of any licensee. Such
3		jurisdiction shall include the power to issue licenses to the
4		Illinois Department of Agriculture authorizing the pari-mutuel
5		system of wagering on harness and Quarter Horse races held (1)
6		at the Illinois State Fair in Sangamon County, and (2) at the
7		DuQuoin State Fair in Perry County. The jurisdiction of the
8		Board shall also include the power to issue licenses to county
9		fairs which are eligible to receive funds pursuant to the
10		Agricultural Fair Act, as now or hereafter amended, or their
11		agents, authorizing the pari-mutuel system of wagering on horse
12		races conducted at the county fairs receiving such licenses.
13		Such licenses shall be governed by subsection (n) of this
14		Section.
15		Upon application, the Board shall issue a license to the
16		Illinois Department of Agriculture to conduct harness and
17		Quarter Horse races at the Illinois State Fair and at the
18		DuQuoin State Fairgrounds during the scheduled dates of each
19		fair. The Board shall not require and the Department of
20		Agriculture shall be exempt from the requirements of Sections
21		15.3, 18 and 19, paragraphs (a)(2), (b), (c), (d), (e), (e-5),
22		(e-10), (f), (g), and (h) of Section 20, and Sections 21, 24
23		and 25. The Board and the Department of Agriculture may extend
24		any or all of these exemptions to any contractor or agent
25		engaged by the Department of Agriculture to conduct its race
26		meetings when the Board determines that this would best serve
27		the public interest and the interest of horse racing.
28		Notwithstanding any provision of law to the contrary, it
29		shall be lawful for any licensee to operate pari-mutuel
30		wagering or contract with the Department of Agriculture to
31		operate pari-mutuel wagering at the DuQuoin State Fairgrounds
32		or for the Department to enter into contracts with a licensee,
33		employ its owners, employees or agents and employ such other
34		occupation licensees as the Department deems necessary in

1		connection with race meetings and wagerings.
2		(b) The Board is vested with the full power to promulgate
3		reasonable rules and regulations for the purpose of
4		administering the provisions of this Act and to prescribe
5		reasonable rules, regulations and conditions under which all
6		horse race meetings or wagering in the State shall be
7		conducted. Such reasonable rules and regulations are to provide
8		for the prevention of practices detrimental to the public
9		interest and to promote the best interests of horse racing and
10		to impose penalties for violations thereof.
11		(c) The Board, and any person or persons to whom it
12		delegates this power, is vested with the power to enter the
13		facilities and other places of business of any licensee to
14		determine whether there has been compliance with the provisions
15		of this Act and its rules and regulations.
16		(d) The Board, and any person or persons to whom it
17		delegates this power, is vested with the authority to
18		investigate alleged violations of the provisions of this Act,
19		its reasonable rules and regulations, orders and final
20		decisions; the Board shall take appropriate disciplinary
21		action against any licensee or occupation licensee for
22		violation thereof or institute appropriate legal action for the
23		enforcement thereof.
24		(e) The Board, and any person or persons to whom it
25		delegates this power, may eject or exclude from any race
26		meeting or the facilities of any licensee, or any part thereof,
27		any occupation licensee or any other individual whose conduct
28		or reputation is such that his presence on those facilities
29		may, in the opinion of the Board, call into question the
30		honesty and integrity of horse racing or wagering or interfere
31		with the orderly conduct of horse racing or wagering; provided,
32		however, that no person shall be excluded or ejected from the
33		facilities of any licensee solely on the grounds of race,
34		color, creed, national origin, ancestry, or sex. The power to

1		eject or exclude an occupation licensee or other individual may
2		be exercised for just cause by the licensee or the Board,
3		subject to subsequent hearing by the Board as to the propriety
4		of said exclusion.
5		(f) The Board is vested with the power to acquire,
6		establish, maintain and operate (or provide by contract to
7		maintain and operate) testing laboratories and related
8		facilities, for the purpose of conducting saliva, blood, urine
9		and other tests on the horses run or to be run in any horse race
10		meeting, including races run at county fairs, and to purchase
11		all equipment and supplies deemed necessary or desirable in
12		connection with any such testing laboratories and related
13		facilities and all such tests.
14		(g) The Board may require that the records, including
15		financial or other statements of any licensee or any person
16		affiliated with the licensee who is involved directly or
17		indirectly in the activities of any licensee as regulated under
18		this Act to the extent that those financial or other statements
19		relate to such activities be kept in such manner as prescribed
20		by the Board, and that Board employees shall have access to
21		those records during reasonable business hours. Within 120 days
22		of the end of its fiscal year, each licensee shall transmit to
23		the Board an audit of the financial transactions and condition
24		of the licensee's total operations. All audits shall be
25		conducted by certified public accountants. Each certified
26		public accountant must be registered in the State of Illinois
27		under the Illinois Public Accounting Act. The compensation for
28		each certified public accountant shall be paid directly by the
29		licensee to the certified public accountant. A licensee shall
30		also submit any other financial or related information the
31		Board deems necessary to effectively administer this Act and
32		all rules, regulations, and final decisions promulgated under
33		this Act.
34		(h) The Board shall name and appoint in the manner provided

1		by the rules and regulations of the Board: an Executive
2		Director; a State director of mutuels; State veterinarians and
3		representatives to take saliva, blood, urine and other tests on
4		horses; licensing personnel; revenue inspectors; and State
5		seasonal employees (excluding admission ticket sellers and
6		mutuel clerks). All of those named and appointed as provided in
7		this subsection shall serve during the pleasure of the Board;
8		their compensation shall be determined by the Board and be paid
9		in the same manner as other employees of the Board under this
10		Act.
11		(i) The Board shall require that there shall be 3 stewards
12		at each horse race meeting, at least 2 of whom shall be named
13		and appointed by the Board. Stewards appointed or approved by
14		the Board, while performing duties required by this Act or by
15		the Board, shall be entitled to the same rights and immunities
16		as granted to Board members and Board employees in Section 10
17		of this Act.
18		(j) The Board may discharge any Board employee who fails or
19		refuses for any reason to comply with the rules and regulations
20		of the Board, or who, in the opinion of the Board, is guilty of
21		fraud, dishonesty or who is proven to be incompetent. The Board
22		shall have no right or power to determine who shall be
23		officers, directors or employees of any licensee, or their
24		salaries except the Board may, by rule, require that all or any
25		officials or employees in charge of or whose duties relate to
26		the actual running of races be approved by the Board.
27		(k) The Board is vested with the power to appoint delegates
28		to execute any of the powers granted to it under this Section
29		for the purpose of administering this Act and any rules or
30		regulations promulgated in accordance with this Act.
31		(l) The Board is vested with the power to impose civil
32		penalties of up to $5,000 against an individual and up to
33		$10,000 against a licensee for each violation of any provision
34		of this Act, any rules adopted by the Board, any order of the

1		Board or any other action which, in the Board's discretion, is
2		a detriment or impediment to horse racing or wagering.
3		(m) The Board is vested with the power to prescribe a form
4		to be used by licensees as an application for employment for
5		employees of each licensee.
6		(n) The Board shall have the power to issue a license to
7		any county fair, or its agent, authorizing the conduct of the
8		pari-mutuel system of wagering. The Board is vested with the
9		full power to promulgate reasonable rules, regulations and
10		conditions under which all horse race meetings licensed
11		pursuant to this subsection shall be held and conducted,
12		including rules, regulations and conditions for the conduct of
13		the pari-mutuel system of wagering. The rules, regulations and
14		conditions shall provide for the prevention of practices
15		detrimental to the public interest and for the best interests
16		of horse racing, and shall prescribe penalties for violations
17		thereof. Any authority granted the Board under this Act shall
18		extend to its jurisdiction and supervision over county fairs,
19		or their agents, licensed pursuant to this subsection. However,
20		the Board may waive any provision of this Act or its rules or
21		regulations which would otherwise apply to such county fairs or
22		their agents.
23		(o) Whenever the Board is authorized or required by law to
24		consider some aspect of criminal history record information for
25		the purpose of carrying out its statutory powers and
26		responsibilities, then, upon request and payment of fees in
27		conformance with the requirements of Section 2605-400 of the
28		Department of State Police Law (20 ILCS 2605/2605-400), the
29		Department of State Police is authorized to furnish, pursuant
30		to positive identification, such information contained in
31		State files as is necessary to fulfill the request.
32		(p) To insure the convenience, comfort, and wagering
33		accessibility of race track patrons, to provide for the
34		maximization of State revenue, and to generate increases in

1		purse allotments to the horsemen, the Board shall require any
2		licensee to staff the pari-mutuel department with adequate
3		personnel.
4		(Source: P.A. 91-239, eff. 1-1-00.)
5		(230 ILCS 5/20) (from Ch. 8, par. 37-20)
6		Sec. 20. (a) Any person desiring to conduct a horse race
7		meeting may apply to the Board for an organization license. The
8		application shall be made on a form prescribed and furnished by
9		the Board. The application shall specify:
10		(1) the dates on which it intends to conduct the horse
11		race meeting, which dates shall be provided under Section
12		21;
13		(2) the hours of each racing day between which it
14		intends to hold or conduct horse racing at such meeting;
15		(3) the location where it proposes to conduct the
16		meeting; and
17		(4) any other information the Board may reasonably
18		require.
19		(b) A separate application for an organization license
20		shall be filed for each horse race meeting which such person
21		proposes to hold. Any such application, if made by an
22		individual, or by any individual as trustee, shall be signed
23		and verified under oath by such individual. If made by
24		individuals or a partnership, it shall be signed and verified
25		under oath by at least 2 of such individuals or members of such
26		partnership as the case may be. If made by an association,
27		corporation, corporate trustee or any other entity, it shall be
28		signed by the president and attested by the secretary or
29		assistant secretary under the seal of such association, trust
30		or corporation if it has a seal, and shall also be verified
31		under oath by one of the signing officers.
32		(c) The application shall specify the name of the persons,
33		association, trust, or corporation making such application and

1		the post office address of the applicant; if the applicant is a
2		trustee, the names and addresses of the beneficiaries; if a
3		corporation, the names and post office addresses of all
4		officers, stockholders and directors; or if such stockholders
5		hold stock as a nominee or fiduciary, the names and post office
6		addresses of these persons, partnerships, corporations, or
7		trusts who are the beneficial owners thereof or who are
8		beneficially interested therein; and if a partnership, the
9		names and post office addresses of all partners, general or
10		limited; if the applicant is a corporation, the name of the
11		state of its incorporation shall be specified.
12		(d) The applicant shall execute and file with the Board a
13		good faith affirmative action plan to recruit, train, and
14		upgrade minorities in all classifications within the
15		association.
16		(e) With such application there shall be delivered to the
17		Board a certified check or bank draft payable to the order of
18		the Board for an amount equal to $1,000. All applications for
19		the issuance of an organization license shall be filed with the
20		Board before August 1 of the year prior to the year for which
21		application is made and shall be acted upon by the Board at a
22		meeting to be held on such date as shall be fixed by the Board
23		during the last 15 days of September of such prior year. At
24		such meeting, the Board shall announce the award of the racing
25		meets, live racing schedule, and designation of host track to
26		the applicants and its approval or disapproval of each
27		application. No announcement shall be considered binding until
28		a formal order is executed by the Board, which shall be
29		executed no later than October 15 of that prior year. Absent
30		the agreement of the affected organization licensees, the Board
31		shall not grant overlapping race meetings to 2 or more tracks
32		that are within 100 miles of each other to conduct the
33		thoroughbred racing.
34		(e-2) In awarding racing dates for calendar year 2005 and

1		thereafter, the Board shall award the same total number of
2		racing days as it awarded in calendar year 2004 plus an amount
3		as provided in subsection (e-3). In awarding racing dates under
4		this subsection (e-2), the Board shall have the discretion to
5		allocate those racing dates among organization licensees.
6		(e-3) Upon request, the Board shall award at least 25
7		standardbred racing dates to the organization licensee that
8		conducts racing at Fairmount Race Track, unless a lesser
9		schedule of live racing is the result of (A) weather or unsafe
10		track conditions due to acts of God or (B) a strike between the
11		organization licensee and the associations representing the
12		largest number of owners, trainers, jockeys, or standardbred
13		drivers who race horses at that organization licensee's racing
14		meeting. Any racing dates awarded under this subsection (e-3)
15		to an organization licensee that conducts racing at Fairmount
16		Race Track that are in excess of the number awarded to that
17		organization licensee in 2004 shall be in addition to those
18		racing dates awarded under subsection (e-2).
19		(e-5) In reviewing an application for the purpose of
20		granting an organization license consistent with the best
21		interests of the public and the sport of horse racing, the
22		Board shall consider:
23		(1) the character, reputation, experience, and
24		financial integrity of the applicant and of any other
25		separate person that either:
26		(i) controls the applicant, directly or
27		indirectly, or
28		(ii) is controlled, directly or indirectly, by
29		that applicant or by a person who controls, directly or
30		indirectly, that applicant;
31		(2) the applicant's facilities or proposed facilities
32		for conducting horse racing;
33		(3) the total revenue without regard to Section 32.1 to
34		be derived by the State and horsemen from the applicant's

1		conducting a race meeting;
2		(4) the applicant's good faith affirmative action plan
3		to recruit, train, and upgrade minorities in all employment
4		classifications;
5		(5) the applicant's financial ability to purchase and
6		maintain adequate liability and casualty insurance;
7		(6) the applicant's proposed and prior year's
8		promotional and marketing activities and expenditures of
9		the applicant associated with those activities;
10		(7) an agreement, if any, among organization licensees
11		as provided in subsection (b) of Section 21 of this Act;
12		and
13		(8) the extent to which the applicant exceeds or meets
14		other standards for the issuance of an organization license
15		that the Board shall adopt by rule.
16		In granting organization licenses and allocating dates for
17		horse race meetings, the Board shall have discretion to
18		determine an overall schedule, including required simulcasts
19		of Illinois races by host tracks that will, in its judgment, be
20		conducive to the best interests of the public and the sport of
21		horse racing.
22		(e-10) The Illinois Administrative Procedure Act shall
23		apply to administrative procedures of the Board under this Act
24		for the granting of an organization license, except that (1)
25		notwithstanding the provisions of subsection (b) of Section
26		10-40 of the Illinois Administrative Procedure Act regarding
27		cross-examination, the Board may prescribe rules limiting the
28		right of an applicant or participant in any proceeding to award
29		an organization license to conduct cross-examination of
30		witnesses at that proceeding where that cross-examination
31		would unduly obstruct the timely award of an organization
32		license under subsection (e) of Section 20 of this Act; (2) the
33		provisions of Section 10-45 of the Illinois Administrative
34		Procedure Act regarding proposals for decision are excluded

1		under this Act; (3) notwithstanding the provisions of
2		subsection (a) of Section 10-60 of the Illinois Administrative
3		Procedure Act regarding ex parte communications, the Board may
4		prescribe rules allowing ex parte communications with
5		applicants or participants in a proceeding to award an
6		organization license where conducting those communications
7		would be in the best interest of racing, provided all those
8		communications are made part of the record of that proceeding
9		pursuant to subsection (c) of Section 10-60 of the Illinois
10		Administrative Procedure Act; (4) the provisions of Section 14a
11		of this Act and the rules of the Board promulgated under that
12		Section shall apply instead of the provisions of Article 10 of
13		the Illinois Administrative Procedure Act regarding
14		administrative law judges; and (5) the provisions of subsection
15		(d) of Section 10-65 of the Illinois Administrative Procedure
16		Act that prevent summary suspension of a license pending
17		revocation or other action shall not apply.
18		(f) The Board may allot racing dates to an organization
19		licensee for more than one calendar year but for no more than 3
20		successive calendar years in advance, provided that the Board
21		shall review such allotment for more than one calendar year
22		prior to each year for which such allotment has been made. The
23		granting of an organization license to a person constitutes a
24		privilege to conduct a horse race meeting under the provisions
25		of this Act, and no person granted an organization license
26		shall be deemed to have a vested interest, property right, or
27		future expectation to receive an organization license in any
28		subsequent year as a result of the granting of an organization
29		license. Organization licenses shall be subject to revocation
30		if the organization licensee has violated any provision of this
31		Act or the rules and regulations promulgated under this Act or
32		has been convicted of a crime or has failed to disclose or has
33		stated falsely any information called for in the application
34		for an organization license. Any organization license

1		revocation proceeding shall be in accordance with Section 16
2		regarding suspension and revocation of occupation licenses.
3		(f-5) If, (i) an applicant does not file an acceptance of
4		the racing dates awarded by the Board as required under part
5		(1) of subsection (h) of this Section 20, or (ii) an
6		organization licensee has its license suspended or revoked
7		under this Act, the Board, upon conducting an emergency hearing
8		as provided for in this Act, may reaward on an emergency basis
9		pursuant to rules established by the Board, racing dates not
10		accepted or the racing dates associated with any suspension or
11		revocation period to one or more organization licensees, new
12		applicants, or any combination thereof, upon terms and
13		conditions that the Board determines are in the best interest
14		of racing, provided, the organization licensees or new
15		applicants receiving the awarded racing dates file an
16		acceptance of those reawarded racing dates as required under
17		paragraph (1) of subsection (h) of this Section 20 and comply
18		with the other provisions of this Act. The Illinois
19		Administrative Procedures Act shall not apply to the
20		administrative procedures of the Board in conducting the
21		emergency hearing and the reallocation of racing dates on an
22		emergency basis.
23		(g) (Blank).
24		(h) The Board shall send the applicant a copy of its
25		formally executed order by certified mail addressed to the
26		applicant at the address stated in his application, which
27		notice shall be mailed within 5 days of the date the formal
28		order is executed.
29		Each applicant notified shall, within 10 days after receipt
30		of the final executed order of the Board awarding racing dates:
31		(1) file with the Board an acceptance of such award in
32		the form prescribed by the Board;
33		(2) pay to the Board an additional amount equal to $110
34		for each racing date awarded; and

1		(3) file with the Board the bonds required in Sections
2		21 and 25 at least 20 days prior to the first day of each
3		race meeting.
4		Upon compliance with the provisions of paragraphs (1), (2), and
5		(3) of this subsection (h), the applicant shall be issued an
6		organization license.
7		If any applicant fails to comply with this Section or fails
8		to pay the organization license fees herein provided, no
9		organization license shall be issued to such applicant.
10		(Source: P.A. 91-40, eff. 6-25-99.)
11		(230 ILCS 5/26) (from Ch. 8, par. 37-26)
12		Sec. 26. Wagering.
13		(a) Any licensee may conduct and supervise the pari-mutuel
14		system of wagering, as defined in Section 3.12 of this Act, on
15		horse races conducted by an Illinois organization licensee or
16		conducted at a racetrack located in another state or country
17		and televised in Illinois in accordance with subsection (g) of
18		Section 26 of this Act. Subject to the prior consent of the
19		Board, licensees may supplement any pari-mutuel pool in order
20		to guarantee a minimum distribution. Such pari-mutuel method of
21		wagering shall not, under any circumstances if conducted under
22		the provisions of this Act, be held or construed to be
23		unlawful, other statutes of this State to the contrary
24		notwithstanding. Subject to rules for advance wagering
25		promulgated by the Board, any licensee may accept wagers in
26		advance of the day of the race wagered upon occurs.
27		(b) Except as otherwise provided in Section 56, no other
28		method of betting, pool making, wagering or gambling shall be
29		used or permitted by the licensee. Each licensee may retain,
30		subject to the payment of all applicable taxes and purses, an
31		amount not to exceed 17% of all money wagered under subsection
32		(a) of this Section, except as may otherwise be permitted under
33		this Act.

1		(b-5) An individual may place a wager under the pari-mutuel
2		system from any licensed location authorized under this Act
3		provided that wager is electronically recorded in the manner
4		described in Section 3.12 of this Act. Any wager made
5		electronically by an individual while physically on the
6		premises of a licensee shall be deemed to have been made at the
7		premises of that licensee.
8		(c) Until January 1, 2000, the sum held by any licensee for
9		payment of outstanding pari-mutuel tickets, if unclaimed prior
10		to December 31 of the next year, shall be retained by the
11		licensee for payment of such tickets until that date. Within 10
12		days thereafter, the balance of such sum remaining unclaimed,
13		less any uncashed supplements contributed by such licensee for
14		the purpose of guaranteeing minimum distributions of any
15		pari-mutuel pool, shall be paid to the Illinois Veterans'
16		Rehabilitation Fund of the State treasury, except as provided
17		in subsection (g) of Section 27 of this Act.
18		(c-5) Beginning January 1, 2000, the sum held by any
19		licensee for payment of outstanding pari-mutuel tickets, if
20		unclaimed prior to December 31 of the next year, shall be
21		retained by the licensee for payment of such tickets until that
22		date. Within 10 days thereafter, the balance of such sum
23		remaining unclaimed, less any uncashed supplements contributed
24		by such licensee for the purpose of guaranteeing minimum
25		distributions of any pari-mutuel pool, shall be evenly
26		distributed to the purse account of the organization licensee
27		and the organization licensee.
28		(d) A pari-mutuel ticket shall be honored until December 31
29		of the next calendar year, and the licensee shall pay the same
30		and may charge the amount thereof against unpaid money
31		similarly accumulated on account of pari-mutuel tickets not
32		presented for payment.
33		(e) No licensee shall knowingly permit any minor, other
34		than an employee of such licensee or an owner, trainer, jockey,

1		driver, or employee thereof, to be admitted during a racing
2		program unless accompanied by a parent or guardian, or any
3		minor to be a patron of the pari-mutuel system of wagering
4		conducted or supervised by it. The admission of any
5		unaccompanied minor, other than an employee of the licensee or
6		an owner, trainer, jockey, driver, or employee thereof at a
7		race track is a Class C misdemeanor.
8		(f) Notwithstanding the other provisions of this Act, an
9		organization licensee may contract with an entity in another
10		state or country to permit any legal wagering entity in another
11		state or country to accept wagers solely within such other
12		state or country on races conducted by the organization
13		licensee in this State. Beginning January 1, 2000, these wagers
14		shall not be subject to State taxation. Until January 1, 2000,
15		when the out-of-State entity conducts a pari-mutuel pool
16		separate from the organization licensee, a privilege tax equal
17		to 7 1/2% of all monies received by the organization licensee
18		from entities in other states or countries pursuant to such
19		contracts is imposed on the organization licensee, and such
20		privilege tax shall be remitted to the Department of Revenue
21		within 48 hours of receipt of the moneys from the simulcast.
22		When the out-of-State entity conducts a combined pari-mutuel
23		pool with the organization licensee, the tax shall be 10% of
24		all monies received by the organization licensee with 25% of
25		the receipts from this 10% tax to be distributed to the county
26		in which the race was conducted.
27		An organization licensee may permit one or more of its
28		races to be utilized for pari-mutuel wagering at one or more
29		locations in other states and may transmit audio and visual
30		signals of races the organization licensee conducts to one or
31		more locations outside the State or country and may also permit
32		pari-mutuel pools in other states or countries to be combined
33		with its gross or net wagering pools or with wagering pools
34		established by other states.

1		(g) A host track may accept interstate simulcast wagers on
2		horse races conducted in other states or countries and shall
3		control the number of signals and types of breeds of racing in
4		its simulcast program, subject to the disapproval of the Board.
5		The Board may prohibit a simulcast program only if it finds
6		that the simulcast program is clearly adverse to the integrity
7		of racing. The host track simulcast program shall include the
8		signal of live racing of all organization licensees. All
9		non-host licensees shall carry the host track simulcast program
10		and accept wagers on all races included as part of the
11		simulcast program upon which wagering is permitted. The costs
12		and expenses of the host track and non-host licensees
13		associated with interstate simulcast wagering, other than the
14		interstate commission fee, shall be borne by the host track and
15		all non-host licensees incurring these costs. The interstate
16		commission fee shall not exceed 5% of Illinois handle on the
17		interstate simulcast race or races without prior approval of
18		the Board. The Board shall promulgate rules under which it may
19		permit interstate commission fees in excess of 5%. The
20		interstate commission fee and other fees charged by the sending
21		racetrack, including, but not limited to, satellite decoder
22		fees, shall be uniformly applied to the host track and all
23		non-host licensees.
24		(1) Between the hours of 6:30 a.m. and 6:30 p.m. an
25		intertrack wagering licensee other than the host track may
26		supplement the host track simulcast program with
27		additional simulcast races or race programs, provided that
28		between January 1 and the third Friday in February of any
29		year, inclusive, if no live thoroughbred racing is
30		occurring in Illinois during this period, only
31		thoroughbred races may be used for supplemental interstate
32		simulcast purposes. The Board shall withhold approval for a
33		supplemental interstate simulcast only if it finds that the
34		simulcast is clearly adverse to the integrity of racing. A

1		supplemental interstate simulcast may be transmitted from
2		an intertrack wagering licensee to its affiliated non-host
3		licensees. The interstate commission fee for a
4		supplemental interstate simulcast shall be paid by the
5		non-host licensee and its affiliated non-host licensees
6		receiving the simulcast.
7		(2) Between the hours of 6:30 p.m. and 6:30 a.m. an
8		intertrack wagering licensee other than the host track may
9		receive supplemental interstate simulcasts only with the
10		consent of the host track, except when the Board finds that
11		the simulcast is clearly adverse to the integrity of
12		racing. Consent granted under this paragraph (2) to any
13		intertrack wagering licensee shall be deemed consent to all
14		non-host licensees. The interstate commission fee for the
15		supplemental interstate simulcast shall be paid by all
16		participating non-host licensees.
17		(3) Each licensee conducting interstate simulcast
18		wagering may retain, subject to the payment of all
19		applicable taxes and the purses, an amount not to exceed
20		17% of all money wagered. If any licensee conducts the
21		pari-mutuel system wagering on races conducted at
22		racetracks in another state or country, each such race or
23		race program shall be considered a separate racing day for
24		the purpose of determining the daily handle and computing
25		the privilege tax of that daily handle as provided in
26		subsection (a) of Section 27. Until January 1, 2000, from
27		the sums permitted to be retained pursuant to this
28		subsection, each intertrack wagering location licensee
29		shall pay 1% of the pari-mutuel handle wagered on simulcast
30		wagering to the Horse Racing Tax Allocation Fund, subject
31		to the provisions of subparagraph (B) of paragraph (11) of
32		subsection (h) of Section 26 of this Act.
33		(4) A licensee who receives an interstate simulcast may
34		combine its gross or net pools with pools at the sending

1		racetracks pursuant to rules established by the Board. All
2		licensees combining their gross pools at a sending
3		racetrack shall adopt the take-out percentages of the
4		sending racetrack. A licensee may also establish a separate
5		pool and takeout structure for wagering purposes on races
6		conducted at race tracks outside of the State of Illinois.
7		The licensee may permit pari-mutuel wagers placed in other
8		states or countries to be combined with its gross or net
9		wagering pools or other wagering pools.
10		(5) After the payment of the interstate commission fee
11		(except for the interstate commission fee on a supplemental
12		interstate simulcast, which shall be paid by the host track
13		and by each non-host licensee through the host-track) and
14		all applicable State and local taxes, except as provided in
15		subsection (g) of Section 27 of this Act, the remainder of
16		moneys retained from simulcast wagering pursuant to this
17		subsection (g), and Section 26.2 shall be divided as
18		follows:
19		(A) For interstate simulcast wagers made at a host
20		track, 50% to the host track and 50% to purses at the
21		host track.
22		(B) For wagers placed on interstate simulcast
23		races, supplemental simulcasts as defined in
24		subparagraphs (1) and (2), and separately pooled races
25		conducted outside of the State of Illinois made at a
26		non-host licensee, 25% to the host track, 25% to the
27		non-host licensee, and 50% to the purses at the host
28		track.
29		(6) Notwithstanding any provision in this Act to the
30		contrary, non-host licensees who derive their licenses
31		from a track located in a county with a population in
32		excess of 230,000 and that borders the Mississippi River
33		may receive supplemental interstate simulcast races at all
34		times subject to Board approval, which shall be withheld

1		only upon a finding that a supplemental interstate
2		simulcast is clearly adverse to the integrity of racing.
3		(7) Notwithstanding any provision of this Act to the
4		contrary, after payment of all applicable State and local
5		taxes and interstate commission fees, non-host licensees
6		who derive their licenses from a track located in a county
7		with a population in excess of 230,000 and that borders the
8		Mississippi River shall retain 50% of the retention from
9		interstate simulcast wagers and shall pay 50% to purses at
10		the track from which the non-host licensee derives its
11		license as follows:
12		(A) Between January 1 and the third Friday in
13		February, inclusive, if no live thoroughbred racing is
14		occurring in Illinois during this period, when the
15		interstate simulcast is a standardbred race, the purse
16		share to its standardbred purse account;
17		(B) Between January 1 and the third Friday in
18		February, inclusive, if no live thoroughbred racing is
19		occurring in Illinois during this period, and the
20		interstate simulcast is a thoroughbred race, the purse
21		share to its interstate simulcast purse pool to be
22		distributed under paragraph (10) of this subsection
23		(g);
24		(C) Between January 1 and the third Friday in
25		February, inclusive, if live thoroughbred racing is
26		occurring in Illinois, between 6:30 a.m. and 6:30 p.m.
27		the purse share from wagers made during this time
28		period to its thoroughbred purse account and between
29		6:30 p.m. and 6:30 a.m. the purse share from wagers
30		made during this time period to its standardbred purse
31		accounts;
32		(D) Between the third Saturday in February and
33		December 31, when the interstate simulcast occurs
34		between the hours of 6:30 a.m. and 6:30 p.m., the purse

1		share to its thoroughbred purse account;
2		(E) Between the third Saturday in February and
3		December 31, when the interstate simulcast occurs
4		between the hours of 6:30 p.m. and 6:30 a.m., the purse
5		share to its standardbred purse account.
6		(7.1) Notwithstanding any other provision of this Act
7		to the contrary, if no standardbred racing is conducted at
8		a racetrack located in Madison County during any calendar
9		year beginning on or after January 1, 2002, all moneys
10		derived by that racetrack from simulcast wagering and
11		inter-track wagering that (1) are to be used for purses and
12		(2) are generated between the hours of 6:30 p.m. and 6:30
13		a.m. during that calendar year shall be paid as follows:
14		(A) If the licensee that conducts horse racing at
15		that racetrack requests from the Board at least as many
16		racing dates as were conducted in calendar year 2000,
17		80% shall be paid to its thoroughbred purse account;
18		and
19		(B) Twenty percent shall be deposited into the
20		Illinois Colt Stakes Purse Distribution Fund and shall
21		be paid to purses for standardbred races for Illinois
22		conceived and foaled horses conducted at any county
23		fairgrounds. The moneys deposited into the Fund
24		pursuant to this subparagraph (B) shall be deposited
25		within 2 weeks after the day they were generated, shall
26		be in addition to and not in lieu of any other moneys
27		paid to standardbred purses under this Act, and shall
28		not be commingled with other moneys paid into that
29		Fund. The moneys deposited pursuant to this
30		subparagraph (B) shall be allocated as provided by the
31		Department of Agriculture, with the advice and
32		assistance of the Illinois Standardbred Breeders Fund
33		Advisory Board.
34		(7.2) Notwithstanding any other provision of this Act

1		to the contrary, if no thoroughbred racing is conducted at
2		a racetrack located in Madison County during any calendar
3		year beginning on or after January 1, 2002, all moneys
4		derived by that racetrack from simulcast wagering and
5		inter-track wagering that (1) are to be used for purses and
6		(2) are generated between the hours of 6:30 a.m. and 6:30
7		p.m. during that calendar year shall be deposited as
8		follows:
9		(A) If the licensee that conducts horse racing at
10		that racetrack requests from the Board at least as many
11		racing dates as were conducted in calendar year 2000,
12		80% shall be deposited into its standardbred purse
13		account; and
14		(B) Twenty percent shall be deposited into the
15		Illinois Colt Stakes Purse Distribution Fund. Moneys
16		deposited into the Illinois Colt Stakes Purse
17		Distribution Fund pursuant to this subparagraph (B)
18		shall be paid to Illinois conceived and foaled
19		thoroughbred breeders' programs and to thoroughbred
20		purses for races conducted at any county fairgrounds
21		for Illinois conceived and foaled horses at the
22		discretion of the Department of Agriculture, with the
23		advice and assistance of the Illinois Thoroughbred
24		Breeders Fund Advisory Board. The moneys deposited
25		into the Illinois Colt Stakes Purse Distribution Fund
26		pursuant to this subparagraph (B) shall be deposited
27		within 2 weeks after the day they were generated, shall
28		be in addition to and not in lieu of any other moneys
29		paid to thoroughbred purses under this Act, and shall
30		not be commingled with other moneys deposited into that
31		Fund.
32		(7.3) If no live standardbred racing is conducted at a
33		racetrack located in Madison County in calendar year 2000
34		or 2001, an organization licensee who is licensed to

1		conduct horse racing at that racetrack shall, before
2		January 1, 2002, pay all moneys derived from simulcast
3		wagering and inter-track wagering in calendar years 2000
4		and 2001 and paid into the licensee's standardbred purse
5		account as follows:
6		(A) Eighty percent to that licensee's thoroughbred
7		purse account to be used for thoroughbred purses; and
8		(B) Twenty percent to the Illinois Colt Stakes
9		Purse Distribution Fund.
10		Failure to make the payment to the Illinois Colt Stakes
11		Purse Distribution Fund before January 1, 2002 shall result
12		in the immediate revocation of the licensee's organization
13		license, inter-track wagering license, and inter-track
14		wagering location license.
15		Moneys paid into the Illinois Colt Stakes Purse
16		Distribution Fund pursuant to this paragraph (7.3) shall be
17		paid to purses for standardbred races for Illinois
18		conceived and foaled horses conducted at any county
19		fairgrounds. Moneys paid into the Illinois Colt Stakes
20		Purse Distribution Fund pursuant to this paragraph (7.3)
21		shall be used as determined by the Department of
22		Agriculture, with the advice and assistance of the Illinois
23		Standardbred Breeders Fund Advisory Board, shall be in
24		addition to and not in lieu of any other moneys paid to
25		standardbred purses under this Act, and shall not be
26		commingled with any other moneys paid into that Fund.
27		(7.4) If live standardbred racing is conducted at a
28		racetrack located in Madison County at any time in calendar
29		year 2001 before the payment required under paragraph (7.3)
30		has been made, the organization licensee who is licensed to
31		conduct racing at that racetrack shall pay all moneys
32		derived by that racetrack from simulcast wagering and
33		inter-track wagering during calendar years 2000 and 2001
34		that (1) are to be used for purses and (2) are generated

1		between the hours of 6:30 p.m. and 6:30 a.m. during 2000 or
2		2001 to the standardbred purse account at that racetrack to
3		be used for standardbred purses.
4		(8) Notwithstanding any provision in this Act to the
5		contrary, an organization licensee from a track located in
6		a county with a population in excess of 230,000 and that
7		borders the Mississippi River and its affiliated non-host
8		licensees shall not be entitled to share in any retention
9		generated on racing, inter-track wagering, or simulcast
10		wagering at any other Illinois wagering facility.
11		(8.1) Notwithstanding any provisions in this Act to the
12		contrary, if 2 organization licensees are conducting
13		standardbred race meetings concurrently between the hours
14		of 6:30 p.m. and 6:30 a.m., after payment of all applicable
15		State and local taxes and interstate commission fees, the
16		remainder of the amount retained from simulcast wagering
17		otherwise attributable to the host track and to host track
18		purses shall be split daily between the 2 organization
19		licensees and the purses at the tracks of the 2
20		organization licensees, respectively, based on each
21		organization licensee's share of the total live handle for
22		that day, provided that this provision shall not apply to
23		any non-host licensee that derives its license from a track
24		located in a county with a population in excess of 230,000
25		and that borders the Mississippi River.
26		(9) (Blank).
27		(10) (Blank).
28		(11) (Blank).
29		(12) The Board shall have authority to compel all host
30		tracks to receive the simulcast of any or all races
31		conducted at the Springfield or DuQuoin State fairgrounds
32		and include all such races as part of their simulcast
33		programs.
34		(13) Notwithstanding any other provision of this Act,

1		in the event that the total Illinois pari-mutuel handle on
2		Illinois horse races at all wagering facilities in any
3		calendar year is less than 75% of the total Illinois
4		pari-mutuel handle on Illinois horse races at all such
5		wagering facilities for calendar year 1994, then each
6		wagering facility that has an annual total Illinois
7		pari-mutuel handle on Illinois horse races that is less
8		than 75% of the total Illinois pari-mutuel handle on
9		Illinois horse races at such wagering facility for calendar
10		year 1994, shall be permitted to receive, from any amount
11		otherwise payable to the purse account at the race track
12		with which the wagering facility is affiliated in the
13		succeeding calendar year, an amount equal to 2% of the
14		differential in total Illinois pari-mutuel handle on
15		Illinois horse races at the wagering facility between that
16		calendar year in question and 1994 provided, however, that
17		a wagering facility shall not be entitled to any such
18		payment until the Board certifies in writing to the
19		wagering facility the amount to which the wagering facility
20		is entitled and a schedule for payment of the amount to the
21		wagering facility, based on: (i) the racing dates awarded
22		to the race track affiliated with the wagering facility
23		during the succeeding year; (ii) the sums available or
24		anticipated to be available in the purse account of the
25		race track affiliated with the wagering facility for purses
26		during the succeeding year; and (iii) the need to ensure
27		reasonable purse levels during the payment period. The
28		Board's certification shall be provided no later than
29		January 31 of the succeeding year. In the event a wagering
30		facility entitled to a payment under this paragraph (13) is
31		affiliated with a race track that maintains purse accounts
32		for both standardbred and thoroughbred racing, the amount
33		to be paid to the wagering facility shall be divided
34		between each purse account pro rata, based on the amount of

1		Illinois handle on Illinois standardbred and thoroughbred
2		racing respectively at the wagering facility during the
3		previous calendar year. Annually, the General Assembly
4		shall appropriate sufficient funds from the General
5		Revenue Fund to the Department of Agriculture for payment
6		into the thoroughbred and standardbred horse racing purse
7		accounts at Illinois pari-mutuel tracks. The amount paid to
8		each purse account shall be the amount certified by the
9		Illinois Racing Board in January to be transferred from
10		each account to each eligible racing facility in accordance
11		with the provisions of this Section. For the calendar year
12		in which an organization licensee that is eligible to
13		receive a payment under this paragraph (13) begins
14		conducting electronic gaming pursuant to an electronic
15		gaming license, the amount of that payment shall be reduced
16		by a percentage equal to the percentage of the year
17		remaining after the organization licensee begins
18		conducting electronic gaming pursuant to its electronic
19		gaming license. An organization licensee shall no longer be
20		able to receive payments under this paragraph (13)
21		beginning on the January 1 first occurring after the
22		licensee begins conducting electronic gaming pursuant to
23		an electronic gaming license issued under Section 7.6 of
24		the Riverboat Gambling Act. Beginning on January 1, 2006,
25		the other provisions of this paragraph (13) shall be of no
26		force and effect.
27		(h) The Board may approve and license the conduct of
28		inter-track wagering and simulcast wagering by inter-track
29		wagering licensees and inter-track wagering location licensees
30		subject to the following terms and conditions:
31		(1) Any person licensed to conduct a race meeting (i)
32		at a track where 60 or more days of racing were conducted
33		during the immediately preceding calendar year or where
34		over the 5 immediately preceding calendar years an average

1		of 30 or more days of racing were conducted annually may be
2		issued an inter-track wagering license; (ii) at a track
3		located in a county that is bounded by the Mississippi
4		River, which has a population of less than 150,000
5		according to the 1990 decennial census, and an average of
6		at least 60 days of racing per year between 1985 and 1993
7		may be issued an inter-track wagering license; or (iii) at
8		a track located in Madison County that conducted at least
9		100 days of live racing during the immediately preceding
10		calendar year may be issued an inter-track wagering
11		license, unless a lesser schedule of live racing is the
12		result of (A) weather, unsafe track conditions, or other
13		acts of God; (B) an agreement between the organization
14		licensee and the associations representing the largest
15		number of owners, trainers, jockeys, or standardbred
16		drivers who race horses at that organization licensee's
17		racing meeting; or (C) a finding by the Board of
18		extraordinary circumstances and that it was in the best
19		interest of the public and the sport to conduct fewer than
20		100 days of live racing. Any such person having operating
21		control of the racing facility may also receive up to 6
22		inter-track wagering location licenses. In no event shall
23		more than 6 inter-track wagering locations be established
24		for each eligible race track, except that an eligible race
25		track located in a county that has a population of more
26		than 230,000 and that is bounded by the Mississippi River
27		may establish up to 7 inter-track wagering locations. An
28		application for said license shall be filed with the Board
29		prior to such dates as may be fixed by the Board. With an
30		application for an inter-track wagering location license
31		there shall be delivered to the Board a certified check or
32		bank draft payable to the order of the Board for an amount
33		equal to $500. The application shall be on forms prescribed
34		and furnished by the Board. The application shall comply

1		with all other rules, regulations and conditions imposed by
2		the Board in connection therewith.
3		(2) The Board shall examine the applications with
4		respect to their conformity with this Act and the rules and
5		regulations imposed by the Board. If found to be in
6		compliance with the Act and rules and regulations of the
7		Board, the Board may then issue a license to conduct
8		inter-track wagering and simulcast wagering to such
9		applicant. All such applications shall be acted upon by the
10		Board at a meeting to be held on such date as may be fixed
11		by the Board.
12		(3) In granting licenses to conduct inter-track
13		wagering and simulcast wagering, the Board shall give due
14		consideration to the best interests of the public, of horse
15		racing, and of maximizing revenue to the State.
16		(4) Prior to the issuance of a license to conduct
17		inter-track wagering and simulcast wagering, the applicant
18		shall file with the Board a bond payable to the State of
19		Illinois in the sum of $50,000, executed by the applicant
20		and a surety company or companies authorized to do business
21		in this State, and conditioned upon (i) the payment by the
22		licensee of all taxes due under Section 27 or 27.1 and any
23		other monies due and payable under this Act, and (ii)
24		distribution by the licensee, upon presentation of the
25		winning ticket or tickets, of all sums payable to the
26		patrons of pari-mutuel pools.
27		(5) Each license to conduct inter-track wagering and
28		simulcast wagering shall specify the person to whom it is
29		issued, the dates on which such wagering is permitted, and
30		the track or location where the wagering is to be
31		conducted.
32		(6) All wagering under such license is subject to this
33		Act and to the rules and regulations from time to time
34		prescribed by the Board, and every such license issued by

1		the Board shall contain a recital to that effect.
2		(7) An inter-track wagering licensee or inter-track
3		wagering location licensee may accept wagers at the track
4		or location where it is licensed, or as otherwise provided
5		under this Act.
6		(8) Inter-track wagering or simulcast wagering shall
7		not be conducted at any track less than 5 miles from a
8		track at which a racing meeting is in progress.
9		(8.1) Inter-track wagering location licensees who
10		derive their licenses from a particular organization
11		licensee shall conduct inter-track wagering and simulcast
12		wagering only at locations which are either within 90 miles
13		of that race track where the particular organization
14		licensee is licensed to conduct racing, or within 135 miles
15		of that race track where the particular organization
16		licensee is licensed to conduct racing in the case of race
17		tracks in counties of less than 400,000 that were operating
18		on or before June 1, 1986. However, inter-track wagering
19		and simulcast wagering shall not be conducted by those
20		licensees at any location within 5 miles of any race track
21		at which a horse race meeting has been licensed in the
22		current year, unless the person having operating control of
23		such race track has given its written consent to such
24		inter-track wagering location licensees, which consent
25		must be filed with the Board at or prior to the time
26		application is made.
27		(8.2) Inter-track wagering or simulcast wagering shall
28		not be conducted by an inter-track wagering location
29		licensee at any location within 500 feet of an existing
30		church or existing school, nor within 500 feet of the
31		residences of more than 50 registered voters without
32		receiving written permission from a majority of the
33		registered voters at such residences. Such written
34		permission statements shall be filed with the Board. The

1		distance of 500 feet shall be measured to the nearest part
2		of any building used for worship services, education
3		programs, residential purposes, or conducting inter-track
4		wagering by an inter-track wagering location licensee, and
5		not to property boundaries. However, inter-track wagering
6		or simulcast wagering may be conducted at a site within 500
7		feet of a church, school or residences of 50 or more
8		registered voters if such church, school or residences have
9		been erected or established, or such voters have been
10		registered, after the Board issues the original
11		inter-track wagering location license at the site in
12		question. Inter-track wagering location licensees may
13		conduct inter-track wagering and simulcast wagering only
14		in areas that are zoned for commercial or manufacturing
15		purposes or in areas for which a special use has been
16		approved by the local zoning authority. However, no license
17		to conduct inter-track wagering and simulcast wagering
18		shall be granted by the Board with respect to any
19		inter-track wagering location within the jurisdiction of
20		any local zoning authority which has, by ordinance or by
21		resolution, prohibited the establishment of an inter-track
22		wagering location within its jurisdiction. However,
23		inter-track wagering and simulcast wagering may be
24		conducted at a site if such ordinance or resolution is
25		enacted after the Board licenses the original inter-track
26		wagering location licensee for the site in question.
27		(9) (Blank).
28		(10) An inter-track wagering licensee or an
29		inter-track wagering location licensee may retain, subject
30		to the payment of the privilege taxes and the purses, an
31		amount not to exceed 17% of all money wagered. Each program
32		of racing conducted by each inter-track wagering licensee
33		or inter-track wagering location licensee shall be
34		considered a separate racing day for the purpose of

1		determining the daily handle and computing the privilege
2		tax or pari-mutuel tax on such daily handle as provided in
3		Section 27.
4		(10.1) Except as provided in subsection (g) of Section
5		27 of this Act, inter-track wagering location licensees
6		shall pay 1% of the pari-mutuel handle at each location to
7		the municipality in which such location is situated and 1%
8		of the pari-mutuel handle at each location to the county in
9		which such location is situated. In the event that an
10		inter-track wagering location licensee is situated in an
11		unincorporated area of a county, such licensee shall pay 2%
12		of the pari-mutuel handle from such location to such
13		county.
14		(10.2) Notwithstanding any other provision of this
15		Act, with respect to intertrack wagering at a race track
16		located in a county that has a population of more than
17		230,000 and that is bounded by the Mississippi River ("the
18		first race track"), or at a facility operated by an
19		inter-track wagering licensee or inter-track wagering
20		location licensee that derives its license from the
21		organization licensee that operates the first race track,
22		on races conducted at the first race track or on races
23		conducted at another Illinois race track and
24		simultaneously televised to the first race track or to a
25		facility operated by an inter-track wagering licensee or
26		inter-track wagering location licensee that derives its
27		license from the organization licensee that operates the
28		first race track, those moneys shall be allocated as
29		follows:
30		(A) That portion of all moneys wagered on
31		standardbred racing that is required under this Act to
32		be paid to purses shall be paid to purses for
33		standardbred races.
34		(B) That portion of all moneys wagered on

1		thoroughbred racing that is required under this Act to
2		be paid to purses shall be paid to purses for
3		thoroughbred races.
4		(11) (A) After payment of the privilege or pari-mutuel
5		tax, any other applicable taxes, and the costs and expenses
6		in connection with the gathering, transmission, and
7		dissemination of all data necessary to the conduct of
8		inter-track wagering, the remainder of the monies retained
9		under either Section 26 or Section 26.2 of this Act by the
10		inter-track wagering licensee on inter-track wagering
11		shall be allocated with 50% to be split between the 2
12		participating licensees and 50% to purses, except that an
13		intertrack wagering licensee that derives its license from
14		a track located in a county with a population in excess of
15		230,000 and that borders the Mississippi River shall not
16		divide any remaining retention with the Illinois
17		organization licensee that provides the race or races, and
18		an intertrack wagering licensee that accepts wagers on
19		races conducted by an organization licensee that conducts a
20		race meet in a county with a population in excess of
21		230,000 and that borders the Mississippi River shall not
22		divide any remaining retention with that organization
23		licensee.
24		(B) From the sums permitted to be retained pursuant to
25		this Act each inter-track wagering location licensee shall
26		pay (i) the privilege or pari-mutuel tax to the State; (ii)
27		4.75% of the pari-mutuel handle on intertrack wagering at
28		such location on races as purses, except that an intertrack
29		wagering location licensee that derives its license from a
30		track located in a county with a population in excess of
31		230,000 and that borders the Mississippi River shall retain
32		all purse moneys for its own purse account consistent with
33		distribution set forth in this subsection (h), and
34		intertrack wagering location licensees that accept wagers

1		on races conducted by an organization licensee located in a
2		county with a population in excess of 230,000 and that
3		borders the Mississippi River shall distribute all purse
4		moneys to purses at the operating host track; (iii) until
5		January 1, 2000, except as provided in subsection (g) of
6		Section 27 of this Act, 1% of the pari-mutuel handle
7		wagered on inter-track wagering and simulcast wagering at
8		each inter-track wagering location licensee facility to
9		the Horse Racing Tax Allocation Fund, provided that, to the
10		extent the total amount collected and distributed to the
11		Horse Racing Tax Allocation Fund under this subsection (h)
12		during any calendar year exceeds the amount collected and
13		distributed to the Horse Racing Tax Allocation Fund during
14		calendar year 1994, that excess amount shall be
15		redistributed (I) to all inter-track wagering location
16		licensees, based on each licensee's pro-rata share of the
17		total handle from inter-track wagering and simulcast
18		wagering for all inter-track wagering location licensees
19		during the calendar year in which this provision is
20		applicable; then (II) the amounts redistributed to each
21		inter-track wagering location licensee as described in
22		subpart (I) shall be further redistributed as provided in
23		subparagraph (B) of paragraph (5) of subsection (g) of this
24		Section 26 provided first, that the shares of those
25		amounts, which are to be redistributed to the host track or
26		to purses at the host track under subparagraph (B) of
27		paragraph (5) of subsection (g) of this Section 26 shall be
28		redistributed based on each host track's pro rata share of
29		the total inter-track wagering and simulcast wagering
30		handle at all host tracks during the calendar year in
31		question, and second, that any amounts redistributed as
32		described in part (I) to an inter-track wagering location
33		licensee that accepts wagers on races conducted by an
34		organization licensee that conducts a race meet in a county

1		with a population in excess of 230,000 and that borders the
2		Mississippi River shall be further redistributed as
3		provided in subparagraphs (D) and (E) of paragraph (7) of
4		subsection (g) of this Section 26, with the portion of that
5		further redistribution allocated to purses at that
6		organization licensee to be divided between standardbred
7		purses and thoroughbred purses based on the amounts
8		otherwise allocated to purses at that organization
9		licensee during the calendar year in question; and (iv) 8%
10		of the pari-mutuel handle on inter-track wagering wagered
11		at such location to satisfy all costs and expenses of
12		conducting its wagering. The remainder of the monies
13		retained by the inter-track wagering location licensee
14		shall be allocated 40% to the location licensee and 60% to
15		the organization licensee which provides the Illinois
16		races to the location, except that an intertrack wagering
17		location licensee that derives its license from a track
18		located in a county with a population in excess of 230,000
19		and that borders the Mississippi River shall not divide any
20		remaining retention with the organization licensee that
21		provides the race or races and an intertrack wagering
22		location licensee that accepts wagers on races conducted by
23		an organization licensee that conducts a race meet in a
24		county with a population in excess of 230,000 and that
25		borders the Mississippi River shall not divide any
26		remaining retention with the organization licensee.
27		Notwithstanding the provisions of clauses (ii) and (iv) of
28		this paragraph, in the case of the additional inter-track
29		wagering location licenses authorized under paragraph (1)
30		of this subsection (h) by this amendatory Act of 1991,
31		those licensees shall pay the following amounts as purses:
32		during the first 12 months the licensee is in operation,
33		5.25% of the pari-mutuel handle wagered at the location on
34		races; during the second 12 months, 5.25%; during the third

1		12 months, 5.75%; during the fourth 12 months, 6.25%; and
2		during the fifth 12 months and thereafter, 6.75%. The
3		following amounts shall be retained by the licensee to
4		satisfy all costs and expenses of conducting its wagering:
5		during the first 12 months the licensee is in operation,
6		8.25% of the pari-mutuel handle wagered at the location;
7		during the second 12 months, 8.25%; during the third 12
8		months, 7.75%; during the fourth 12 months, 7.25%; and
9		during the fifth 12 months and thereafter, 6.75%. For
10		additional intertrack wagering location licensees
11		authorized under this amendatory Act of 1995, purses for
12		the first 12 months the licensee is in operation shall be
13		5.75% of the pari-mutuel wagered at the location, purses
14		for the second 12 months the licensee is in operation shall
15		be 6.25%, and purses thereafter shall be 6.75%. For
16		additional intertrack location licensees authorized under
17		this amendatory Act of 1995, the licensee shall be allowed
18		to retain to satisfy all costs and expenses: 7.75% of the
19		pari-mutuel handle wagered at the location during its first
20		12 months of operation, 7.25% during its second 12 months
21		of operation, and 6.75% thereafter.
22		(C) There is hereby created the Horse Racing Tax
23		Allocation Fund which shall remain in existence until
24		December 31, 1999. Moneys remaining in the Fund after
25		December 31, 1999 shall be paid into the General Revenue
26		Fund. Until January 1, 2000, all monies paid into the Horse
27		Racing Tax Allocation Fund pursuant to this paragraph (11)
28		by inter-track wagering location licensees located in park
29		districts of 500,000 population or less, or in a
30		municipality that is not included within any park district
31		but is included within a conservation district and is the
32		county seat of a county that (i) is contiguous to the state
33		of Indiana and (ii) has a 1990 population of 88,257
34		according to the United States Bureau of the Census, and

1		operating on May 1, 1994 shall be allocated by
2		appropriation as follows:
3		Two-sevenths to the Department of Agriculture.
4		Fifty percent of this two-sevenths shall be used to
5		promote the Illinois horse racing and breeding
6		industry, and shall be distributed by the Department of
7		Agriculture upon the advice of a 9-member committee
8		appointed by the Governor consisting of the following
9		members: the Director of Agriculture, who shall serve
10		as chairman; 2 representatives of organization
11		licensees conducting thoroughbred race meetings in
12		this State, recommended by those licensees; 2
13		representatives of organization licensees conducting
14		standardbred race meetings in this State, recommended
15		by those licensees; a representative of the Illinois
16		Thoroughbred Breeders and Owners Foundation,
17		recommended by that Foundation; a representative of
18		the Illinois Standardbred Owners and Breeders
19		Association, recommended by that Association; a
20		representative of the Horsemen's Benevolent and
21		Protective Association or any successor organization
22		thereto established in Illinois comprised of the
23		largest number of owners and trainers, recommended by
24		that Association or that successor organization; and a
25		representative of the Illinois Harness Horsemen's
26		Association, recommended by that Association.
27		Committee members shall serve for terms of 2 years,
28		commencing January 1 of each even-numbered year. If a
29		representative of any of the above-named entities has
30		not been recommended by January 1 of any even-numbered
31		year, the Governor shall appoint a committee member to
32		fill that position. Committee members shall receive no
33		compensation for their services as members but shall be
34		reimbursed for all actual and necessary expenses and

1		disbursements incurred in the performance of their
2		official duties. The remaining 50% of this
3		two-sevenths shall be distributed to county fairs for
4		premiums and rehabilitation as set forth in the
5		Agricultural Fair Act;
6		Four-sevenths to park districts or municipalities
7		that do not have a park district of 500,000 population
8		or less for museum purposes (if an inter-track wagering
9		location licensee is located in such a park district)
10		or to conservation districts for museum purposes (if an
11		inter-track wagering location licensee is located in a
12		municipality that is not included within any park
13		district but is included within a conservation
14		district and is the county seat of a county that (i) is
15		contiguous to the state of Indiana and (ii) has a 1990
16		population of 88,257 according to the United States
17		Bureau of the Census, except that if the conservation
18		district does not maintain a museum, the monies shall
19		be allocated equally between the county and the
20		municipality in which the inter-track wagering
21		location licensee is located for general purposes) or
22		to a municipal recreation board for park purposes (if
23		an inter-track wagering location licensee is located
24		in a municipality that is not included within any park
25		district and park maintenance is the function of the
26		municipal recreation board and the municipality has a
27		1990 population of 9,302 according to the United States
28		Bureau of the Census); provided that the monies are
29		distributed to each park district or conservation
30		district or municipality that does not have a park
31		district in an amount equal to four-sevenths of the
32		amount collected by each inter-track wagering location
33		licensee within the park district or conservation
34		district or municipality for the Fund. Monies that were

1		paid into the Horse Racing Tax Allocation Fund before
2		the effective date of this amendatory Act of 1991 by an
3		inter-track wagering location licensee located in a
4		municipality that is not included within any park
5		district but is included within a conservation
6		district as provided in this paragraph shall, as soon
7		as practicable after the effective date of this
8		amendatory Act of 1991, be allocated and paid to that
9		conservation district as provided in this paragraph.
10		Any park district or municipality not maintaining a
11		museum may deposit the monies in the corporate fund of
12		the park district or municipality where the
13		inter-track wagering location is located, to be used
14		for general purposes; and
15		One-seventh to the Agricultural Premium Fund to be
16		used for distribution to agricultural home economics
17		extension councils in accordance with "An Act in
18		relation to additional support and finances for the
19		Agricultural and Home Economic Extension Councils in
20		the several counties of this State and making an
21		appropriation therefor", approved July 24, 1967.
22		Until January 1, 2000, all other monies paid into the
23		Horse Racing Tax Allocation Fund pursuant to this paragraph
24		(11) shall be allocated by appropriation as follows:
25		Two-sevenths to the Department of Agriculture.
26		Fifty percent of this two-sevenths shall be used to
27		promote the Illinois horse racing and breeding
28		industry, and shall be distributed by the Department of
29		Agriculture upon the advice of a 9-member committee
30		appointed by the Governor consisting of the following
31		members: the Director of Agriculture, who shall serve
32		as chairman; 2 representatives of organization
33		licensees conducting thoroughbred race meetings in
34		this State, recommended by those licensees; 2

1		representatives of organization licensees conducting
2		standardbred race meetings in this State, recommended
3		by those licensees; a representative of the Illinois
4		Thoroughbred Breeders and Owners Foundation,
5		recommended by that Foundation; a representative of
6		the Illinois Standardbred Owners and Breeders
7		Association, recommended by that Association; a
8		representative of the Horsemen's Benevolent and
9		Protective Association or any successor organization
10		thereto established in Illinois comprised of the
11		largest number of owners and trainers, recommended by
12		that Association or that successor organization; and a
13		representative of the Illinois Harness Horsemen's
14		Association, recommended by that Association.
15		Committee members shall serve for terms of 2 years,
16		commencing January 1 of each even-numbered year. If a
17		representative of any of the above-named entities has
18		not been recommended by January 1 of any even-numbered
19		year, the Governor shall appoint a committee member to
20		fill that position. Committee members shall receive no
21		compensation for their services as members but shall be
22		reimbursed for all actual and necessary expenses and
23		disbursements incurred in the performance of their
24		official duties. The remaining 50% of this
25		two-sevenths shall be distributed to county fairs for
26		premiums and rehabilitation as set forth in the
27		Agricultural Fair Act;
28		Four-sevenths to museums and aquariums located in
29		park districts of over 500,000 population; provided
30		that the monies are distributed in accordance with the
31		previous year's distribution of the maintenance tax
32		for such museums and aquariums as provided in Section 2
33		of the Park District Aquarium and Museum Act; and
34		One-seventh to the Agricultural Premium Fund to be

1		used for distribution to agricultural home economics
2		extension councils in accordance with "An Act in
3		relation to additional support and finances for the
4		Agricultural and Home Economic Extension Councils in
5		the several counties of this State and making an
6		appropriation therefor", approved July 24, 1967. This
7		subparagraph (C) shall be inoperative and of no force
8		and effect on and after January 1, 2000.
9		(D) Except as provided in paragraph (11) of this
10		subsection (h), with respect to purse allocation from
11		intertrack wagering, the monies so retained shall be
12		divided as follows:
13		(i) If the inter-track wagering licensee,
14		except an intertrack wagering licensee that
15		derives its license from an organization licensee
16		located in a county with a population in excess of
17		230,000 and bounded by the Mississippi River, is
18		not conducting its own race meeting during the same
19		dates, then the entire purse allocation shall be to
20		purses at the track where the races wagered on are
21		being conducted.
22		(ii) If the inter-track wagering licensee,
23		except an intertrack wagering licensee that
24		derives its license from an organization licensee
25		located in a county with a population in excess of
26		230,000 and bounded by the Mississippi River, is
27		also conducting its own race meeting during the
28		same dates, then the purse allocation shall be as
29		follows: 50% to purses at the track where the races
30		wagered on are being conducted; 50% to purses at
31		the track where the inter-track wagering licensee
32		is accepting such wagers.
33		(iii) If the inter-track wagering is being
34		conducted by an inter-track wagering location

1		licensee, except an intertrack wagering location
2		licensee that derives its license from an
3		organization licensee located in a county with a
4		population in excess of 230,000 and bounded by the
5		Mississippi River, the entire purse allocation for
6		Illinois races shall be to purses at the track
7		where the race meeting being wagered on is being
8		held.
9		(12) The Board shall have all powers necessary and
10		proper to fully supervise and control the conduct of
11		inter-track wagering and simulcast wagering by inter-track
12		wagering licensees and inter-track wagering location
13		licensees, including, but not limited to the following:
14		(A) The Board is vested with power to promulgate
15		reasonable rules and regulations for the purpose of
16		administering the conduct of this wagering and to
17		prescribe reasonable rules, regulations and conditions
18		under which such wagering shall be held and conducted.
19		Such rules and regulations are to provide for the
20		prevention of practices detrimental to the public
21		interest and for the best interests of said wagering
22		and to impose penalties for violations thereof.
23		(B) The Board, and any person or persons to whom it
24		delegates this power, is vested with the power to enter
25		the facilities of any licensee to determine whether
26		there has been compliance with the provisions of this
27		Act and the rules and regulations relating to the
28		conduct of such wagering.
29		(C) The Board, and any person or persons to whom it
30		delegates this power, may eject or exclude from any
31		licensee's facilities, any person whose conduct or
32		reputation is such that his presence on such premises
33		may, in the opinion of the Board, call into the
34		question the honesty and integrity of, or interfere

1		with the orderly conduct of such wagering; provided,
2		however, that no person shall be excluded or ejected
3		from such premises solely on the grounds of race,
4		color, creed, national origin, ancestry, or sex.
5		(D) (Blank).
6		(E) The Board is vested with the power to appoint
7		delegates to execute any of the powers granted to it
8		under this Section for the purpose of administering
9		this wagering and any rules and regulations
10		promulgated in accordance with this Act.
11		(F) The Board shall name and appoint a State
12		director of this wagering who shall be a representative
13		of the Board and whose duty it shall be to supervise
14		the conduct of inter-track wagering as may be provided
15		for by the rules and regulations of the Board; such
16		rules and regulation shall specify the method of
17		appointment and the Director's powers, authority and
18		duties.
19		(G) The Board is vested with the power to impose
20		civil penalties of up to $5,000 against individuals and
21		up to $10,000 against licensees for each violation of
22		any provision of this Act relating to the conduct of
23		this wagering, any rules adopted by the Board, any
24		order of the Board or any other action which in the
25		Board's discretion, is a detriment or impediment to
26		such wagering.
27		(13) The Department of Agriculture may enter into
28		agreements with licensees authorizing such licensees to
29		conduct inter-track wagering on races to be held at the
30		licensed race meetings conducted by the Department of
31		Agriculture. Such agreement shall specify the races of the
32		Department of Agriculture's licensed race meeting upon
33		which the licensees will conduct wagering. In the event
34		that a licensee conducts inter-track pari-mutuel wagering

1		on races from the Illinois State Fair or DuQuoin State Fair
2		which are in addition to the licensee's previously approved
3		racing program, those races shall be considered a separate
4		racing day for the purpose of determining the daily handle
5		and computing the privilege or pari-mutuel tax on that
6		daily handle as provided in Sections 27 and 27.1. Such
7		agreements shall be approved by the Board before such
8		wagering may be conducted. In determining whether to grant
9		approval, the Board shall give due consideration to the
10		best interests of the public and of horse racing. The
11		provisions of paragraphs (1), (8), (8.1), and (8.2) of
12		subsection (h) of this Section which are not specified in
13		this paragraph (13) shall not apply to licensed race
14		meetings conducted by the Department of Agriculture at the
15		Illinois State Fair in Sangamon County or the DuQuoin State
16		Fair in Perry County, or to any wagering conducted on those
17		race meetings.
18		(i) Notwithstanding the other provisions of this Act, the
19		conduct of wagering at wagering facilities is authorized on all
20		days, except as limited by subsection (b) of Section 19 of this
21		Act.
22		(Source: P.A. 91-40, eff. 6-25-99; 92-211, eff. 8-2-01.)
23		(230 ILCS 5/26.1) (from Ch. 8, par. 37-26.1)
24		Sec. 26.1. For all pari-mutuel wagering conducted pursuant
25		to this Act, breakage shall be at all times computed on the
26		basis of not to exceed 10¢ on the dollar. If there is a minus
27		pool, the breakage shall be computed on the basis of not to
28		exceed 5¢ on the dollar. Breakage shall be calculated only
29		after the amounts retained by licensees pursuant to Sections 26
30		and 26.2 of this Act, and all applicable surcharges, are taken
31		out of winning wagers and winnings from wagers. From Beginning
32		January 1, 2000 until July 1, 2005, all breakage shall be
33		retained by licensees, with 50% of breakage to be used by

1		licensees for racetrack improvements at the racetrack from
2		which the wagering facility derives its license. The remaining
3		50% is to be allocated 50% to the purse account for the
4		licensee from which the wagering facility derives its license
5		and 50% to the licensee. Beginning July 1, 2005, all breakage
6		shall be retained by licensees, with 50% of breakage to be used
7		by licensees for racetrack improvements at the racetrack from
8		which the wagering facility derives its license. The remaining
9		50% is to be allocated to the purse account for the licensee
10		from which the wagering facility derives its license.
11		(Source: P.A. 91-40, eff. 6-25-99.)
12		(230 ILCS 5/27) (from Ch. 8, par. 37-27)
13		Sec. 27. (a) In addition to the organization license fee
14		provided by this Act, until January 1, 2000, a graduated
15		privilege tax is hereby imposed for conducting the pari-mutuel
16		system of wagering permitted under this Act. Until January 1,
17		2000, except as provided in subsection (g) of Section 27 of
18		this Act, all of the breakage of each racing day held by any
19		licensee in the State shall be paid to the State. Until January
20		1, 2000, such daily graduated privilege tax shall be paid by
21		the licensee from the amount permitted to be retained under
22		this Act. Until January 1, 2000, each day's graduated privilege
23		tax, breakage, and Horse Racing Tax Allocation funds shall be
24		remitted to the Department of Revenue within 48 hours after the
25		close of the racing day upon which it is assessed or within
26		such other time as the Board prescribes. The privilege tax
27		hereby imposed, until January 1, 2000, shall be a flat tax at
28		the rate of 2% of the daily pari-mutuel handle except as
29		provided in Section 27.1.
30		In addition, every organization licensee, except as
31		provided in Section 27.1 of this Act, which conducts multiple
32		wagering shall pay, until January 1, 2000, as a privilege tax
33		on multiple wagers an amount equal to 1.25% of all moneys

1		wagered each day on such multiple wagers, plus an additional
2		amount equal to 3.5% of the amount wagered each day on any
3		other multiple wager which involves a single betting interest
4		on 3 or more horses. The licensee shall remit the amount of
5		such taxes to the Department of Revenue within 48 hours after
6		the close of the racing day on which it is assessed or within
7		such other time as the Board prescribes.
8		This subsection (a) shall be inoperative and of no force
9		and effect on and after January 1, 2000.
10		(a-5) Beginning on January 1, 2000, a flat pari-mutuel tax
11		at the rate of 1.5% of the daily pari-mutuel handle is imposed
12		at all pari-mutuel wagering facilities, which shall be remitted
13		to the Department of Revenue within 48 hours after the close of
14		the racing day upon which it is assessed or within such other
15		time as the Board prescribes.
16		(b) On or before December 31, 1999, in the event that any
17		organization licensee conducts 2 separate programs of races on
18		any day, each such program shall be considered a separate
19		racing day for purposes of determining the daily handle and
20		computing the privilege tax on such daily handle as provided in
21		subsection (a) of this Section.
22		(c) Licensees shall at all times keep accurate books and
23		records of all monies wagered on each day of a race meeting and
24		of the taxes paid to the Department of Revenue under the
25		provisions of this Section. The Board or its duly authorized
26		representative or representatives shall at all reasonable
27		times have access to such records for the purpose of examining
28		and checking the same and ascertaining whether the proper
29		amount of taxes is being paid as provided. The Board shall
30		require verified reports and a statement of the total of all
31		monies wagered daily at each wagering facility upon which the
32		taxes are assessed and may prescribe forms upon which such
33		reports and statement shall be made.
34		(d) Any licensee failing or refusing to pay the amount of

1		any tax due under this Section shall be guilty of a business
2		offense and upon conviction shall be fined not more than $5,000
3		in addition to the amount found due as tax under this Section.
4		Each day's violation shall constitute a separate offense. All
5		fines paid into Court by a licensee hereunder shall be
6		transmitted and paid over by the Clerk of the Court to the
7		Board.
8		(e) No other license fee, privilege tax, excise tax, or
9		racing fee, except as provided in this Act, shall be assessed
10		or collected from any such licensee by the State.
11		(f) No other license fee, privilege tax, excise tax or
12		racing fee shall be assessed or collected from any such
13		licensee by units of local government except as provided in
14		paragraph 10.1 of subsection (h) and subsection (f) of Section
15		26 of this Act. However, any municipality that has a Board
16		licensed horse race meeting at a race track wholly within its
17		corporate boundaries or a township that has a Board licensed
18		horse race meeting at a race track wholly within the
19		unincorporated area of the township may charge a local
20		amusement tax not to exceed 10¢ per admission to such horse
21		race meeting by the enactment of an ordinance. However, any
22		municipality or county that has a Board licensed inter-track
23		wagering location facility wholly within its corporate
24		boundaries may each impose an admission fee not to exceed $1.00
25		per admission to such inter-track wagering location facility,
26		so that a total of not more than $2.00 per admission may be
27		imposed. Except as provided in subparagraph (g) of Section 27
28		of this Act, the inter-track wagering location licensee shall
29		collect any and all such fees and within 48 hours remit the
30		fees to the Board, which shall, pursuant to rule, cause the
31		fees to be distributed to the county or municipality.
32		(g) Notwithstanding any provision in this Act to the
33		contrary, if in any calendar year the total taxes and fees from
34		wagering on live racing and from inter-track wagering required

1		to be collected from licensees and distributed under this Act
2		to all State and local governmental authorities exceeds the
3		amount of such taxes and fees distributed to each State and
4		local governmental authority to which each State and local
5		governmental authority was entitled under this Act for calendar
6		year 1994, then the first $11 million of that excess amount
7		shall be allocated at the earliest possible date for
8		distribution as purse money for the succeeding calendar year.
9		Upon reaching the 1994 level, and until the excess amount of
10		taxes and fees exceeds $11 million, the Board shall direct all
11		licensees to cease paying the subject taxes and fees and the
12		Board shall direct all licensees to allocate any such excess
13		amount for purses as follows:
14		(i) the excess amount shall be initially divided
15		between thoroughbred and standardbred purses based on the
16		thoroughbred's and standardbred's respective percentages
17		of total Illinois live wagering in calendar year 1994;
18		(ii) each thoroughbred and standardbred organization
19		licensee issued an organization licensee in that
20		succeeding allocation year shall be allocated an amount
21		equal to the product of its percentage of total Illinois
22		live thoroughbred or standardbred wagering in calendar
23		year 1994 (the total to be determined based on the sum of
24		1994 on-track wagering for all organization licensees
25		issued organization licenses in both the allocation year
26		and the preceding year) multiplied by the total amount
27		allocated for standardbred or thoroughbred purses,
28		provided that the first $1,500,000 of the amount allocated
29		to standardbred purses under item (i) shall be allocated to
30		the Department of Agriculture to be expended with the
31		assistance and advice of the Illinois Standardbred
32		Breeders Funds Advisory Board for the purposes listed in
33		subsection (g) of Section 31 of this Act, before the amount
34		allocated to standardbred purses under item (i) is

1		allocated to standardbred organization licensees in the
2		succeeding allocation year.
3		To the extent the excess amount of taxes and fees to be
4		collected and distributed to State and local governmental
5		authorities exceeds $11 million, that excess amount shall be
6		collected and distributed to State and local authorities as
7		provided for under this Act.
8		(Source: P.A. 91-40, eff. 6-25-99.)
9		(230 ILCS 5/28.1)
10		Sec. 28.1. Payments.
11		(a) Beginning on January 1, 2000, moneys collected by the
12		Department of Revenue and the Racing Board pursuant to Section
13		26 or Section 27 of this Act shall be deposited into the Horse
14		Racing Fund, which is hereby created as a special fund in the
15		State Treasury.
16		(b) Appropriations, as approved by the General Assembly,
17		may be made from the Horse Racing Fund to the Board to pay the
18		salaries of the Board members, secretary, stewards, directors
19		of mutuels, veterinarians, representatives, accountants,
20		clerks, stenographers, inspectors and other employees of the
21		Board, and all expenses of the Board incident to the
22		administration of this Act, including, but not limited to, all
23		expenses and salaries incident to the taking of saliva and
24		urine samples in accordance with the rules and regulations of
25		the Board.
26		(c) Appropriations, as approved by the General Assembly,
27		shall be made from the Horse Racing Fund to the Department of
28		Agriculture for the purposes identified in paragraphs (2),
29		(2.5), (4), (6), (7), (8), and (9) of subsection (g) of Section
30		30, subsection (e) of Section 30.5, and paragraphs (1), (2),
31		(3), (5), and (8) of subsection (g) of Section 31 and for
32		standardbred bonus programs for owners of horses that win
33		multiple stakes races that are limited to Illinois conceived

1		and foaled horses. From Beginning on January 1, 2000 until the
2		effective date of this amendatory Act of the 93rd General
3		Assembly, the Board shall transfer the remainder of the funds
4		generated pursuant to Sections 26 and 27 from the Horse Racing
5		Fund into the General Revenue Fund.
6		(d) Beginning January 1, 2000, payments to all programs in
7		existence on the effective date of this amendatory Act of 1999
8		that are identified in Sections 26(c), 26(f), 26(h)(11)(C), and
9		28, subsections (a), (b), (c), (d), (e), (f), (g), and (h) of
10		Section 30, and subsections (a), (b), (c), (d), (e), (f), (g),
11		and (h) of Section 31 shall be made from the General Revenue
12		Fund at the funding levels determined by amounts paid under
13		this Act in calendar year 1998.
14		(e) Notwithstanding any other provision of this Act to the
15		contrary, appropriations, as approved by the General Assembly,
16		may be made from the Fair and Exposition Fund to the Department
17		of Agriculture for distribution to Illinois county fairs to
18		supplement premiums offered in junior classes.
19		(Source: P.A. 91-40, eff. 6-25-99.)
20		(230 ILCS 5/30) (from Ch. 8, par. 37-30)
21		Sec. 30. (a) The General Assembly declares that it is the
22		policy of this State to encourage the breeding of thoroughbred
23		horses in this State and the ownership of such horses by
24		residents of this State in order to provide for: sufficient
25		numbers of high quality thoroughbred horses to participate in
26		thoroughbred racing meetings in this State, and to establish
27		and preserve the agricultural and commercial benefits of such
28		breeding and racing industries to the State of Illinois. It is
29		the intent of the General Assembly to further this policy by
30		the provisions of this Act.
31		(b) Each organization licensee conducting a thoroughbred
32		racing meeting pursuant to this Act shall provide at least two
33		races each day limited to Illinois conceived and foaled horses

1		or Illinois foaled horses or both. A minimum of 6 races shall
2		be conducted each week limited to Illinois conceived and foaled
3		or Illinois foaled horses or both. Subject to the daily
4		availability of horses, one of the 6 races scheduled per week
5		that are limited to Illinois conceived and foaled or Illinois
6		foaled horses or both shall be limited to Illinois conceived
7		and foaled or Illinois foaled maidens. No horses shall be
8		permitted to start in such races unless duly registered under
9		the rules of the Department of Agriculture.
10		(c) Conditions of races under subsection (b) shall be
11		commensurate with past performance, quality, and class of
12		Illinois conceived and foaled and Illinois foaled horses
13		available. If, however, sufficient competition cannot be had
14		among horses of that class on any day, the races may, with
15		consent of the Board, be eliminated for that day and substitute
16		races provided.
17		(d) There is hereby created a special fund of the State
18		Treasury to be known as the Illinois Thoroughbred Breeders
19		Fund.
20		Except as provided in subsection (g) of Section 27 of this
21		Act, 8.5% of all the monies received by the State as privilege
22		taxes on Thoroughbred racing meetings shall be paid into the
23		Illinois Thoroughbred Breeders Fund.
24		(e) The Illinois Thoroughbred Breeders Fund shall be
25		administered by the Department of Agriculture with the advice
26		and assistance of the Advisory Board created in subsection (f)
27		of this Section.
28		(f) The Illinois Thoroughbred Breeders Fund Advisory Board
29		shall consist of the Director of the Department of Agriculture,
30		who shall serve as Chairman; a member of the Illinois Racing
31		Board, designated by it; 2 representatives of the organization
32		licensees conducting thoroughbred racing meetings, recommended
33		by them; 2 representatives of the Illinois Thoroughbred
34		Breeders and Owners Foundation, recommended by it; and 2

1		representatives of the Horsemen's Benevolent Protective
2		Association or any successor organization established in
3		Illinois comprised of the largest number of owners and
4		trainers, recommended by it, with one representative of the
5		Horsemen's Benevolent and Protective Association to come from
6		its Illinois Division, and one from its Chicago Division.
7		Advisory Board members shall serve for 2 years commencing
8		January 1 of each odd numbered year. If representatives of the
9		organization licensees conducting thoroughbred racing
10		meetings, the Illinois Thoroughbred Breeders and Owners
11		Foundation, and the Horsemen's Benevolent Protection
12		Association have not been recommended by January 1, of each odd
13		numbered year, the Director of the Department of Agriculture
14		shall make an appointment for the organization failing to so
15		recommend a member of the Advisory Board. Advisory Board
16		members shall receive no compensation for their services as
17		members but shall be reimbursed for all actual and necessary
18		expenses and disbursements incurred in the execution of their
19		official duties.
20		(g) Moneys No monies shall be expended from the Illinois
21		Thoroughbred Breeders Fund except as appropriated by the
22		General Assembly pursuant to this Act, the Riverboat Gambling
23		Act, or both. Monies appropriated from the Illinois
24		Thoroughbred Breeders Fund shall be expended by the Department
25		of Agriculture, with the advice and assistance of the Illinois
26		Thoroughbred Breeders Fund Advisory Board, for the following
27		purposes only:
28		(1) To provide purse supplements to owners of horses
29		participating in races limited to Illinois conceived and
30		foaled and Illinois foaled horses. Any such purse
31		supplements shall not be included in and shall be paid in
32		addition to any purses, stakes, or breeders' awards offered
33		by each organization licensee as determined by agreement
34		between such organization licensee and an organization

1		representing the horsemen. No monies from the Illinois
2		Thoroughbred Breeders Fund shall be used to provide purse
3		supplements for claiming races in which the minimum
4		claiming price is less than $7,500.
5		(2) To provide stakes and awards to be paid to the
6		owners of the winning horses in certain races limited to
7		Illinois conceived and foaled and Illinois foaled horses
8		designated as stakes races.
9		(2.5) To provide an award to the owner or owners of an
10		Illinois conceived and foaled or Illinois foaled horse that
11		wins a maiden special weight, an allowance, overnight
12		handicap race, or claiming race with claiming price of
13		$10,000 or more providing the race is not restricted to
14		Illinois conceived and foaled or Illinois foaled horses.
15		Awards shall also be provided to the owner or owners of
16		Illinois conceived and foaled and Illinois foaled horses
17		that place second or third in those races. To the extent
18		that additional moneys are required to pay the minimum
19		additional awards of 40% of the purse the horse earns for
20		placing first, second or third in those races for Illinois
21		foaled horses and of 60% of the purse the horse earns for
22		placing first, second or third in those races for Illinois
23		conceived and foaled horses, those moneys shall be provided
24		from the purse account at the track where earned.
25		(3) To provide stallion awards to the owner or owners
26		of any stallion that is duly registered with the Illinois
27		Thoroughbred Breeders Fund Program prior to the effective
28		date of this amendatory Act of 1995 whose duly registered
29		Illinois conceived and foaled offspring wins a race
30		conducted at an Illinois thoroughbred racing meeting other
31		than a claiming race. Such award shall not be paid to the
32		owner or owners of an Illinois stallion that served outside
33		this State at any time during the calendar year in which
34		such race was conducted.

1		(4) To provide $75,000 annually for purses to be
2		distributed to county fairs that provide for the running of
3		races during each county fair exclusively for the
4		thoroughbreds conceived and foaled in Illinois. The
5		conditions of the races shall be developed by the county
6		fair association and reviewed by the Department with the
7		advice and assistance of the Illinois Thoroughbred
8		Breeders Fund Advisory Board. There shall be no wagering of
9		any kind on the running of Illinois conceived and foaled
10		races at county fairs.
11		(4.1) (Blank). To provide purse money for an Illinois
12		stallion stakes program.
13		(5) No less than 80% of all monies appropriated to from
14		the Illinois Thoroughbred Breeders Fund shall be expended
15		for the purposes in (1), (2), (2.5), (3), (4), (4.1), and
16		(5) as shown above.
17		(6) To provide for educational programs regarding the
18		thoroughbred breeding industry.
19		(7) To provide for research programs concerning the
20		health, development and care of the thoroughbred horse.
21		(8) To provide for a scholarship and training program
22		for students of equine veterinary medicine.
23		(9) To provide for dissemination of public information
24		designed to promote the breeding of thoroughbred horses in
25		Illinois.
26		(10) To provide for all expenses incurred in the
27		administration of the Illinois Thoroughbred Breeders Fund.
28		(h) (Blank). Whenever the Governor finds that the amount in
29		the Illinois Thoroughbred Breeders Fund is more than the total
30		of the outstanding appropriations from such fund, the Governor
31		shall notify the State Comptroller and the State Treasurer of
32		such fact. The Comptroller and the State Treasurer, upon
33		receipt of such notification, shall transfer such excess amount
34		from the Illinois Thoroughbred Breeders Fund to the General

1		Revenue Fund.
2		(i) A sum equal to 12 1/2% of the first prize money of
3		every purse won by an Illinois foaled or an Illinois conceived
4		and foaled horse in races not limited to Illinois foaled horses
5		or Illinois conceived and foaled horses, or both, shall be paid
6		by the organization licensee conducting the horse race meeting.
7		Such sum shall be paid from the organization licensee's share
8		of the money wagered as follows: 11 1/2% to the breeder of the
9		winning horse and 1% to the organization representing
10		thoroughbred breeders and owners whose representative serves
11		on the Illinois Thoroughbred Breeders Fund Advisory Board for
12		verifying the amounts of breeders' awards earned, assuring
13		their distribution in accordance with this Act, and servicing
14		and promoting the Illinois thoroughbred horse racing industry.
15		The organization representing thoroughbred breeders and owners
16		shall cause all expenditures of monies received under this
17		subsection (i) to be audited at least annually by a registered
18		public accountant. The organization shall file copies of each
19		annual audit with the Racing Board, the Clerk of the House of
20		Representatives and the Secretary of the Senate, and shall make
21		copies of each annual audit available to the public upon
22		request and upon payment of the reasonable cost of photocopying
23		the requested number of copies. Such payments shall not reduce
24		any award to the owner of the horse or reduce the taxes payable
25		under this Act. Upon completion of its racing meet, each
26		organization licensee shall deliver to the organization
27		representing thoroughbred breeders and owners whose
28		representative serves on the Illinois Thoroughbred Breeders
29		Fund Advisory Board a listing of all the Illinois foaled and
30		the Illinois conceived and foaled horses which won breeders'
31		awards and the amount of such breeders' awards under this
32		subsection to verify accuracy of payments and assure proper
33		distribution of breeders' awards in accordance with the
34		provisions of this Act. Such payments shall be delivered by the

1		organization licensee within 30 days of the end of each race
2		meeting.
3		(j) A sum equal to 12 1/2% of the first prize money won in
4		each race limited to Illinois foaled horses or Illinois
5		conceived and foaled horses, or both, shall be paid in the
6		following manner by the organization licensee conducting the
7		horse race meeting, from the organization licensee's share of
8		the money wagered: 11 1/2% to the breeders of the horses in
9		each such race which are the official first, second, third and
10		fourth finishers and 1% to the organization representing
11		thoroughbred breeders and owners whose representative serves
12		on the Illinois Thoroughbred Breeders Fund Advisory Board for
13		verifying the amounts of breeders' awards earned, assuring
14		their proper distribution in accordance with this Act, and
15		servicing and promoting the Illinois thoroughbred horse racing
16		industry. The organization representing thoroughbred breeders
17		and owners shall cause all expenditures of monies received
18		under this subsection (j) to be audited at least annually by a
19		registered public accountant. The organization shall file
20		copies of each annual audit with the Racing Board, the Clerk of
21		the House of Representatives and the Secretary of the Senate,
22		and shall make copies of each annual audit available to the
23		public upon request and upon payment of the reasonable cost of
24		photocopying the requested number of copies.
25		The 11 1/2% paid to the breeders in accordance with this
26		subsection shall be distributed as follows:
27		(1) 60% of such sum shall be paid to the breeder of the
28		horse which finishes in the official first position;
29		(2) 20% of such sum shall be paid to the breeder of the
30		horse which finishes in the official second position;
31		(3) 15% of such sum shall be paid to the breeder of the
32		horse which finishes in the official third position; and
33		(4) 5% of such sum shall be paid to the breeder of the
34		horse which finishes in the official fourth position.

1		Such payments shall not reduce any award to the owners of a
2		horse or reduce the taxes payable under this Act. Upon
3		completion of its racing meet, each organization licensee shall
4		deliver to the organization representing thoroughbred breeders
5		and owners whose representative serves on the Illinois
6		Thoroughbred Breeders Fund Advisory Board a listing of all the
7		Illinois foaled and the Illinois conceived and foaled horses
8		which won breeders' awards and the amount of such breeders'
9		awards in accordance with the provisions of this Act. Such
10		payments shall be delivered by the organization licensee within
11		30 days of the end of each race meeting.
12		(k) The term "breeder", as used herein, means the owner of
13		the mare at the time the foal is dropped. An "Illinois foaled
14		horse" is a foal dropped by a mare which enters this State on
15		or before December 1, in the year in which the horse is bred,
16		provided the mare remains continuously in this State until its
17		foal is born. An "Illinois foaled horse" also means a foal born
18		of a mare in the same year as the mare enters this State on or
19		before March 1, and remains in this State at least 30 days
20		after foaling, is bred back during the season of the foaling to
21		an Illinois Registered Stallion (unless a veterinarian
22		certifies that the mare should not be bred for health reasons),
23		and is not bred to a stallion standing in any other state
24		during the season of foaling. An "Illinois foaled horse" also
25		means a foal born in Illinois of a mare purchased at public
26		auction subsequent to the mare entering this State prior to
27		March 1 February 1 of the foaling year providing the mare is
28		owned solely by one or more Illinois residents or an Illinois
29		entity that is entirely owned by one or more Illinois
30		residents.
31		(l) The Department of Agriculture shall, by rule, with the
32		advice and assistance of the Illinois Thoroughbred Breeders
33		Fund Advisory Board:
34		(1) Qualify stallions for Illinois breeding; such

1		stallions to stand for service within the State of Illinois
2		at the time of a foal's conception. Such stallion must not
3		stand for service at any place outside the State of
4		Illinois during the calendar year in which the foal is
5		conceived. The Department of Agriculture may assess and
6		collect an application fee of $500 fees for the
7		registration of each Illinois-eligible stallion stallions.
8		All fees collected are to be paid into the Illinois
9		Thoroughbred Breeders Fund and used by the Illinois
10		Thoroughbred Breeders Fund Advisory Board for stallion
11		awards.
12		(2) Provide for the registration of Illinois conceived
13		and foaled horses and Illinois foaled horses. No such horse
14		shall compete in the races limited to Illinois conceived
15		and foaled horses or Illinois foaled horses or both unless
16		registered with the Department of Agriculture. The
17		Department of Agriculture may prescribe such forms as are
18		necessary to determine the eligibility of such horses. The
19		Department of Agriculture may assess and collect
20		application fees for the registration of Illinois-eligible
21		foals. All fees collected are to be paid into the Illinois
22		Thoroughbred Breeders Fund. No person shall knowingly
23		prepare or cause preparation of an application for
24		registration of such foals containing false information.
25		(m) The Department of Agriculture, with the advice and
26		assistance of the Illinois Thoroughbred Breeders Fund Advisory
27		Board, shall provide that certain races limited to Illinois
28		conceived and foaled and Illinois foaled horses be stakes races
29		and determine the total amount of stakes and awards to be paid
30		to the owners of the winning horses in such races.
31		In determining the stakes races and the amount of awards
32		for such races, the Department of Agriculture shall consider
33		factors, including but not limited to, the amount of money
34		appropriated for the Illinois Thoroughbred Breeders Fund

1		program, organization licensees' contributions, availability
2		of stakes caliber horses as demonstrated by past performances,
3		whether the race can be coordinated into the proposed racing
4		dates within organization licensees' racing dates, opportunity
5		for colts and fillies and various age groups to race, public
6		wagering on such races, and the previous racing schedule.
7		(n) The Board and the organizational licensee shall notify
8		the Department of the conditions and minimum purses for races
9		limited to Illinois conceived and foaled and Illinois foaled
10		horses conducted for each organizational licensee conducting a
11		thoroughbred racing meeting. The Department of Agriculture
12		with the advice and assistance of the Illinois Thoroughbred
13		Breeders Fund Advisory Board may allocate monies for purse
14		supplements for such races. In determining whether to allocate
15		money and the amount, the Department of Agriculture shall
16		consider factors, including but not limited to, the amount of
17		money appropriated for the Illinois Thoroughbred Breeders Fund
18		program, the number of races that may occur, and the
19		organizational licensee's purse structure.
20		(o) (Blank). In order to improve the breeding quality of
21		thoroughbred horses in the State, the General Assembly
22		recognizes that existing provisions of this Section to
23		encourage such quality breeding need to be revised and
24		strengthened. As such, a Thoroughbred Breeder's Program Task
25		Force is to be appointed by the Governor by September 1, 1999
26		to make recommendations to the General Assembly by no later
27		than March 1, 2000. This task force is to be composed of 2
28		representatives from the Illinois Thoroughbred Breeders and
29		Owners Foundation, 2 from the Illinois Thoroughbred Horsemen's
30		Association, 3 from Illinois race tracks operating
31		thoroughbred race meets for an average of at least 30 days in
32		the past 3 years, the Director of Agriculture, the Executive
33		Director of the Racing Board, who shall serve as Chairman.
34		(Source: P.A. 91-40, eff. 6-25-99.)

1		(230 ILCS 5/31) (from Ch. 8, par. 37-31)
2		Sec. 31. (a) The General Assembly declares that it is the
3		policy of this State to encourage the breeding of standardbred
4		horses in this State and the ownership of such horses by
5		residents of this State in order to provide for: sufficient
6		numbers of high quality standardbred horses to participate in
7		harness racing meetings in this State, and to establish and
8		preserve the agricultural and commercial benefits of such
9		breeding and racing industries to the State of Illinois. It is
10		the intent of the General Assembly to further this policy by
11		the provisions of this Section of this Act.
12		(b) Each organization licensee conducting a harness racing
13		meeting pursuant to this Act shall provide for at least two
14		races each race program limited to Illinois conceived and
15		foaled horses. A minimum of 6 races shall be conducted each
16		week limited to Illinois conceived and foaled horses. No horses
17		shall be permitted to start in such races unless duly
18		registered under the rules of the Department of Agriculture.
19		(b-5) Each organization licensee conducting a harness
20		racing meeting pursuant to this Act shall provide stakes races
21		and early closer races for Illinois conceived and foaled horses
22		so the total purses distributed for such races shall be no less
23		than 17% of the total purses distributed at the meeting.
24		(b-10) Each organization licensee conducting a harness
25		racing meeting pursuant to this Act shall provide an owner
26		award to be paid from the purse account equal to 25% of the
27		amount earned by Illinois conceived and foaled horses in races
28		that are not restricted to Illinois conceived and foaled
29		horses.
30		(c) Conditions of races under subsection (b) shall be
31		commensurate with past performance, quality and class of
32		Illinois conceived and foaled horses available. If, however,
33		sufficient competition cannot be had among horses of that class

1		on any day, the races may, with consent of the Board, be
2		eliminated for that day and substitute races provided.
3		(d) There is hereby created a special fund of the State
4		Treasury to be known as the Illinois Standardbred Breeders
5		Fund.
6		During the calendar year 1981, and each year thereafter,
7		except as provided in subsection (g) of Section 27 of this Act,
8		eight and one-half per cent of all the monies received by the
9		State as privilege taxes on harness racing meetings shall be
10		paid into the Illinois Standardbred Breeders Fund.
11		(e) The Illinois Standardbred Breeders Fund shall be
12		administered by the Department of Agriculture with the
13		assistance and advice of the Advisory Board created in
14		subsection (f) of this Section.
15		(f) The Illinois Standardbred Breeders Fund Advisory Board
16		is hereby created. The Advisory Board shall consist of the
17		Director of the Department of Agriculture, who shall serve as
18		Chairman; the Superintendent of the Illinois State Fair; a
19		member of the Illinois Racing Board, designated by it; a
20		representative of the Illinois Standardbred Owners and
21		Breeders Association, recommended by it; a representative of
22		the Illinois Association of Agricultural Fairs, recommended by
23		it, such representative to be from a fair at which Illinois
24		conceived and foaled racing is conducted; a representative of
25		the organization licensees conducting harness racing meetings,
26		recommended by them and a representative of the Illinois
27		Harness Horsemen's Association, recommended by it. Advisory
28		Board members shall serve for 2 years commencing January 1, of
29		each odd numbered year. If representatives of the Illinois
30		Standardbred Owners and Breeders Associations, the Illinois
31		Association of Agricultural Fairs, the Illinois Harness
32		Horsemen's Association, and the organization licensees
33		conducting harness racing meetings have not been recommended by
34		January 1, of each odd numbered year, the Director of the

1		Department of Agriculture shall make an appointment for the
2		organization failing to so recommend a member of the Advisory
3		Board. Advisory Board members shall receive no compensation for
4		their services as members but shall be reimbursed for all
5		actual and necessary expenses and disbursements incurred in the
6		execution of their official duties.
7		(g) No monies shall be expended from the Illinois
8		Standardbred Breeders Fund except as appropriated by the
9		General Assembly. Monies appropriated from the Illinois
10		Standardbred Breeders Fund shall be expended by the Department
11		of Agriculture, with the assistance and advice of the Illinois
12		Standardbred Breeders Fund Advisory Board for the following
13		purposes only:
14		1. To provide purses for races limited to Illinois
15		conceived and foaled horses at the State Fair and the
16		DuQuoin State Fair.
17		2. To provide purses for races limited to Illinois
18		conceived and foaled horses at county fairs.
19		3. To provide purse supplements for races limited to
20		Illinois conceived and foaled horses conducted by
21		associations conducting harness racing meetings.
22		4. No less than 75% of all monies in the Illinois
23		Standardbred Breeders Fund shall be expended for purses in
24		1, 2 and 3 as shown above.
25		5. In the discretion of the Department of Agriculture
26		to provide awards to harness breeders of Illinois conceived
27		and foaled horses which win races conducted by organization
28		licensees conducting harness racing meetings. A breeder is
29		the owner of a mare at the time of conception. No more than
30		10% of all monies appropriated from the Illinois
31		Standardbred Breeders Fund shall be expended for such
32		harness breeders awards. No more than 25% of the amount
33		expended for harness breeders awards shall be expended for
34		expenses incurred in the administration of such harness

1		breeders awards.
2		6. To pay for the improvement of racing facilities
3		located at the State Fair and County fairs.
4		7. To pay the expenses incurred in the administration
5		of the Illinois Standardbred Breeders Fund.
6		8. To promote the sport of harness racing, including
7		grants up to a maximum of $7,500 per fair per year for the
8		cost of a totalizer system to be used for conducting
9		pari-mutuel wagering during the advertised dates of a
10		county fair.
11		(h) Whenever the Governor finds that the amount in the
12		Illinois Standardbred Breeders Fund is more than the total of
13		the outstanding appropriations from such fund, the Governor
14		shall notify the State Comptroller and the State Treasurer of
15		such fact. The Comptroller and the State Treasurer, upon
16		receipt of such notification, shall transfer such excess amount
17		from the Illinois Standardbred Breeders Fund to the General
18		Revenue Fund.
19		(i) A sum equal to 12 1/2% of the first prize money of
20		every purse won by an Illinois conceived and foaled horse shall
21		be paid by the organization licensee conducting the horse race
22		meeting to the breeder of such winning horse from the
23		organization licensee's account share of the money wagered.
24		Such payment shall not reduce any award to the owner of the
25		horse or reduce the taxes payable under this Act. Such payment
26		shall be delivered by the organization licensee at the end of
27		each month race meeting.
28		(j) The Department of Agriculture shall, by rule, with the
29		assistance and advice of the Illinois Standardbred Breeders
30		Fund Advisory Board:
31		1. Qualify stallions for Illinois Standardbred Breeders
32		Fund breeding; such stallion shall be owned by a resident of
33		the State of Illinois or by an Illinois corporation all of
34		whose shareholders, directors, officers and incorporators are

1		residents of the State of Illinois. Such stallion shall stand
2		for service at and within the State of Illinois at the time of
3		a foal's conception, and such stallion must not stand for
4		service at any place, nor may semen from such stallion be
5		transported, outside the State of Illinois during that calendar
6		year in which the foal is conceived and that the owner of the
7		stallion was for the 12 months prior, a resident of Illinois.
8		The articles of agreement of any partnership, joint venture,
9		limited partnership, syndicate, association or corporation and
10		any bylaws and stock certificates must contain a restriction
11		that provides that the ownership or transfer of interest by any
12		one of the persons a party to the agreement can only be made to
13		a person who qualifies as an Illinois resident. Foals conceived
14		outside the State of Illinois from shipped semen from a
15		stallion qualified for breeders' awards under this Section are
16		not eligible to participate in the Illinois conceived and
17		foaled program.
18		2. Provide for the registration of Illinois conceived and
19		foaled horses and no such horse shall compete in the races
20		limited to Illinois conceived and foaled horses unless
21		registered with the Department of Agriculture. The Department
22		of Agriculture may prescribe such forms as may be necessary to
23		determine the eligibility of such horses. No person shall
24		knowingly prepare or cause preparation of an application for
25		registration of such foals containing false information. A mare
26		(dam) must be in the state at least 30 days prior to foaling or
27		remain in the State at least 30 days at the time of foaling.
28		Beginning with the 1996 breeding season and for foals of 1997
29		and thereafter, a foal conceived in the State of Illinois by
30		transported fresh semen may be eligible for Illinois conceived
31		and foaled registration provided all breeding and foaling
32		requirements are met. The stallion must be qualified for
33		Illinois Standardbred Breeders Fund breeding at the time of
34		conception and the mare must be inseminated within the State of

1		Illinois. The foal must be dropped in Illinois and properly
2		registered with the Department of Agriculture in accordance
3		with this Act.
4		3. Provide that at least a 5 day racing program shall be
5		conducted at the State Fair each year, which program shall
6		include at least the following races limited to Illinois
7		conceived and foaled horses: (a) a two year old Trot and Pace,
8		and Filly Division of each; (b) a three year old Trot and Pace,
9		and Filly Division of each; (c) an aged Trot and Pace, and Mare
10		Division of each.
11		4. Provide for the payment of nominating, sustaining and
12		starting fees for races promoting the sport of harness racing
13		and for the races to be conducted at the State Fair as provided
14		in subsection (j) 3 of this Section provided that the
15		nominating, sustaining and starting payment required from an
16		entrant shall not exceed 2% of the purse of such race. All
17		nominating, sustaining and starting payments shall be held for
18		the benefit of entrants and shall be paid out as part of the
19		respective purses for such races. Nominating, sustaining and
20		starting fees shall be held in trust accounts for the purposes
21		as set forth in this Act and in accordance with Section 205-15
22		of the Department of Agriculture Law (20 ILCS 205/205-15).
23		5. Provide for the registration with the Department of
24		Agriculture of Colt Associations or county fairs desiring to
25		sponsor races at county fairs.
26		(k) The Department of Agriculture, with the advice and
27		assistance of the Illinois Standardbred Breeders Fund Advisory
28		Board, may allocate monies for purse supplements for such
29		races. In determining whether to allocate money and the amount,
30		the Department of Agriculture shall consider factors,
31		including but not limited to, the amount of money appropriated
32		for the Illinois Standardbred Breeders Fund program, the number
33		of races that may occur, and an organizational licensee's purse
34		structure. The organizational licensee shall notify the

1		Department of Agriculture of the conditions and minimum purses
2		for races limited to Illinois conceived and foaled horses to be
3		conducted by each organizational licensee conducting a harness
4		racing meeting for which purse supplements have been
5		negotiated.
6		(l) All races held at county fairs and the State Fair which
7		receive funds from the Illinois Standardbred Breeders Fund
8		shall be conducted in accordance with the rules of the United
9		States Trotting Association unless otherwise modified by the
10		Department of Agriculture.
11		(m) At all standardbred race meetings held or conducted
12		under authority of a license granted by the Board, and at all
13		standardbred races held at county fairs which are approved by
14		the Department of Agriculture or at the Illinois or DuQuoin
15		State Fairs, no one shall jog, train, warm up or drive a
16		standardbred horse unless he or she is wearing a protective
17		safety helmet, with the chin strap fastened and in place, which
18		meets the standards and requirements as set forth in the 1984
19		Standard for Protective Headgear for Use in Harness Racing and
20		Other Equestrian Sports published by the Snell Memorial
21		Foundation, or any standards and requirements for headgear the
22		Illinois Racing Board may approve. Any other standards and
23		requirements so approved by the Board shall equal or exceed
24		those published by the Snell Memorial Foundation. Any
25		equestrian helmet bearing the Snell label shall be deemed to
26		have met those standards and requirements.
27		(Source: P.A. 91-239, eff. 1-1-00.)
28		(230 ILCS 5/32.1)
29		Sec. 32.1. Pari-mutuel tax credit; statewide racetrack
30		real estate equalization. In order to encourage new investment
31		in Illinois racetrack facilities and mitigate differing real
32		estate tax burdens among all racetracks, the licensees
33		affiliated or associated with each racetrack that has been

1		awarded live racing dates in the current year shall receive an
2		immediate pari-mutuel tax credit in an amount equal to the
3		greater of (i) 50% of the amount of the real estate taxes paid
4		in the prior year attributable to that racetrack, or (ii) the
5		amount by which the real estate taxes paid in the prior year
6		attributable to that racetrack exceeds 60% of the average real
7		estate taxes paid in the prior year for all racetracks awarded
8		live horse racing meets in the current year.
9		Each year, regardless of whether the organization licensee
10		conducted live racing in the year of certification, the Board
11		shall certify in writing, prior to December 31, the real estate
12		taxes paid in that year for each racetrack and the amount of
13		the pari-mutuel tax credit that each organization licensee,
14		intertrack wagering licensee, and intertrack wagering location
15		licensee that derives its license from such racetrack is
16		entitled in the succeeding calendar year. The real estate taxes
17		considered under this Section for any racetrack shall be those
18		taxes on the real estate parcels and related facilities used to
19		conduct a horse race meeting and inter-track wagering at such
20		racetrack under this Act. In no event shall the amount of the
21		tax credit under this Section exceed the amount of pari-mutuel
22		taxes otherwise calculated under this Act. The amount of the
23		tax credit under this Section shall be retained by each
24		licensee and shall not be subject to any reallocation or
25		further distribution under this Act. The Board may promulgate
26		emergency rules to implement this Section.
27		An organization licensee shall no longer be eligible to
28		receive a pari-mutuel tax credit under this Section beginning
29		on the January 1 first occurring after the organization
30		licensee begins conducting electronic gaming pursuant to an
31		electronic gaming license issued under Section 7.6 of the
32		Riverboat Gambling Act or on January 1, 2006, whichever comes
33		first. For the calendar year in which an organization licensee
34		that is eligible to receive a pari-mutuel tax credit under this

1		Section begins conducting electronic gaming pursuant to an
2		electronic gaming license, the amount of the pari-mutuel tax
3		credit shall be reduced by a percentage equal to the percentage
4		of the year remaining after the organization licensee begins
5		conducting electronic gaming pursuant to its electronic gaming
6		license. Beginning on January 1, 2006, the other provisions of
7		this Section shall be of no force and effect.
8		(Source: P.A. 91-40, eff. 6-25-99.)
9		(230 ILCS 5/36) (from Ch. 8, par. 37-36)
10		Sec. 36. (a) Whoever administers or conspires to administer
11		to any horse a hypnotic, narcotic, stimulant, depressant or any
12		chemical substance which may affect the speed of a horse at any
13		time in any race where the purse or any part of the purse is
14		made of money authorized by any Section of this Act, except
15		those chemical substances permitted by ruling of the Board,
16		internally, externally or by hypodermic method in a race or
17		prior thereto, or whoever knowingly enters a horse in any race
18		within a period of 24 hours after any hypnotic, narcotic,
19		stimulant, depressant or any other chemical substance which may
20		affect the speed of a horse at any time, except those chemical
21		substances permitted by ruling of the Board, has been
22		administered to such horse either internally or externally or
23		by hypodermic method for the purpose of increasing or retarding
24		the speed of such horse shall be guilty of a Class 4 felony.
25		The Board shall suspend or revoke such violator's license.
26		(b) The term "hypnotic" as used in this Section includes
27		all barbituric acid preparations and derivatives.
28		(c) The term "narcotic" as used in this Section includes
29		opium and all its alkaloids, salts, preparations and
30		derivatives, cocaine and all its salts, preparations and
31		derivatives and substitutes.
32		(d) The provisions of this Section 36 and the treatment
33		authorized herein apply to horses entered in and competing in

1		race meetings as defined in Section 3.47 of this Act and to
2		horses entered in and competing at any county fair.
3		(Source: P.A. 79-1185.)
4		(230 ILCS 5/42) (from Ch. 8, par. 37-42)
5		Sec. 42. (a) Except as to the distribution of monies
6		provided for by Sections 28, 29, 30, and 31 and the treating of
7		horses as provided in Section 36, nothing whatsoever in this
8		Act shall be held or taken to apply to county fairs and State
9		Fairs or to agricultural and livestock exhibitions where the
10		pari-mutuel system of wagering upon the result of horses is not
11		permitted or conducted.
12		(b) Nothing herein shall be construed to permit the
13		pari-mutuel method of wagering upon any race track unless such
14		race track is licensed under this Act. It is hereby declared to
15		be unlawful for any person to permit, conduct or supervise upon
16		any race track ground the pari-mutuel method of wagering except
17		in accordance with the provisions of this Act.
18		(c) Whoever violates subsection (b) of this Section is
19		guilty of a Class 4 felony.
20		(Source: P.A. 89-16, eff. 5-30-95.)
21		(230 ILCS 5/56 new)
22		Sec. 56. Electronic gaming.
23		(a) An organization licensee may apply to the Gaming Board
24		for an electronic gaming license. An electronic gaming license
25		shall authorize its holder to conduct gambling using slot
26		machines, video games of chance, or both on the grounds of the
27		licensee's race track. Only one organization licensee per race
28		track may be awarded an electronic gaming license. Each license
29		shall specify the number of slot machines and video games of
30		chance that its holder may operate.
31		If an organization licensee receives an electronic gaming
32		license, the organization must create an entity that shall hold

1		the electronic gaming license and conduct electronic gaming
2		under the license. The majority interest in the entity shall be
3		retained by the organization licensee, but, within a time
4		period set by the Board, which shall not exceed 12 months from
5		the date the electronic gaming licensee begins to conduct
6		electronic gaming, the entity shall attain a level of at least
7		20% minority person and female ownership, at least 16% and 4%
8		respectively. The provisions of this subsection concerning
9		minority person and female ownership of an entity the holds an
10		electronic gaming license apply only to electronic gaming and
11		not to any other activities conducted by an organization
12		licensee under this Act. For the purposes of this Act, with
13		respect to electronic gaming, the term "organization licensee"
14		means the entity created under this subsection. The provisions
15		of this subsection concerning the creation of an entity to hold
16		an electronic gaming license do not apply to an organization
17		licensee that has attained a level of at least 20% minority
18		person and female ownership, at least 16% and 4% respectively.
19		For the purposes of this Section, the terms "female" and
20		"minority person" have the meanings provided in Section 2 of
21		the Business Enterprise for Minorities, Females, and Persons
22		with Disabilities Act.
23		An electronic gaming licensee may not permit persons under
24		21 years of age to be present in its electronic gaming
25		facility, but the licensee may accept wagers on live racing and
26		inter-track wagers at its electronic gaming facility.
27		(b) The gross gaming receipts received by an electronic
28		gaming licensee from electronic gaming remaining after the
29		payment of taxes under Section 13 of the Riverboat and Casino
30		Gambling Act shall be distributed as follows:
31		77% shall be retained by the licensee;
32		19.5% shall be paid to purse equity accounts;
33		1.75% shall be paid to the Illinois Thoroughbred
34		Breeders Fund and the Illinois Standardbred Breeders Fund,

1		divided pro rata based on the proportion of live
2		thoroughbred racing and live standardbred racing conducted
3		at that licensee's race track;
4		0.25% shall be paid to the Illinois Quarter Horse
5		Breeders Fund;
6		0.125% shall be paid to the University of Illinois for
7		equine research;
8		1.125% shall be paid to the Racing Industry Charitable
9		Foundation;
10		0.25% shall be paid to the licensee's live racing and
11		horse ownership promotional account.
12		Of the moneys paid to purse equity accounts by an
13		electronic gaming licensee, 58% shall be paid to the licensee's
14		thoroughbred purse equity account and 42% shall be paid to the
15		licensee's standardbred purse equity account.

16		Section 930. The Riverboat Gambling Act is amended by
17		changing Sections 1, 2, 3, 4, 5, 6, 7, 7.1, 7.3, 7.4, 8, 9, 10,
18		11, 11.1, 12, 13, 14, 18, 19, 20, and 23 and adding Sections
19		7.6 and 7.7 as follows:
20		(230 ILCS 10/1) (from Ch. 120, par. 2401)
21		Sec. 1. Short title. This Act shall be known and may be
22		cited as the Riverboat and Casino Gambling Act.
23		(Source: P.A. 86-1029.)
24		(230 ILCS 10/2) (from Ch. 120, par. 2402)
25		Sec. 2. Legislative Intent.
26		(a) This Act is intended to benefit the people of the State
27		of Illinois by assisting economic development and promoting
28		Illinois tourism and by increasing the amount of revenues
29		available to the State to assist and support education.
30		(b) While authorization of riverboat and casino gambling
31		will enhance investment, development and tourism in Illinois,

1		it is recognized that it will do so successfully only if public
2		confidence and trust in the credibility and integrity of the
3		gambling operations and the regulatory process is maintained.
4		Therefore, regulatory provisions of this Act are designed to
5		strictly regulate the facilities, persons, associations and
6		practices related to gambling operations pursuant to the police
7		powers of the State, including comprehensive law enforcement
8		supervision.
9		(c) The Illinois Gaming Board established under this Act
10		should, as soon as possible, inform each applicant for an
11		owners license of the Board's intent to grant or deny a
12		license.
13		(Source: P.A. 93-28, eff. 6-20-03.)
14		(230 ILCS 10/3) (from Ch. 120, par. 2403)
15		Sec. 3. Riverboat Gambling Authorized.
16		(a) Riverboat and casino gambling operations and
17		electronic gaming operations and the system of wagering
18		incorporated therein, as defined in this Act, are hereby
19		authorized to the extent that they are carried out in
20		accordance with the provisions of this Act.
21		(b) This Act does not apply to the pari-mutuel system of
22		wagering used or intended to be used in connection with the
23		horse-race meetings as authorized under the Illinois Horse
24		Racing Act of 1975, lottery games authorized under the Illinois
25		Lottery Law, bingo authorized under the Bingo License and Tax
26		Act, charitable games authorized under the Charitable Games Act
27		or pull tabs and jar games conducted under the Illinois Pull
28		Tabs and Jar Games Act. This Act does apply to electronic
29		gaming authorized under the Illinois Horse Racing Act of 1975
30		to the extent provided in that Act and in this Act.
31		(c) Riverboat gambling conducted pursuant to this Act may
32		be authorized upon any water within the State of Illinois or
33		any water other than Lake Michigan which constitutes a boundary

1		of the State of Illinois. Notwithstanding any provision in this
2		subsection (c) to the contrary, a licensee that receives its
3		license pursuant to subsection (e-5) of Section 7 authorizing
4		its holder to conduct riverboat gambling from a home dock in
5		any county North of Cook County may conduct riverboat gambling
6		on Lake Michigan from a home dock located on Lake Michigan.
7		Notwithstanding any provision in this subsection (c) to the
8		contrary, a licensee may conduct gambling at its home dock
9		facility as provided in Sections 7 and 11. A licensee may
10		conduct riverboat gambling authorized under this Act
11		regardless of whether it conducts excursion cruises. A licensee
12		may permit the continuous ingress and egress of passengers for
13		the purpose of gambling.
14		(d) Gambling that is conducted in accordance with this Act
15		using slot machines and video games of chance shall be
16		authorized at electronic gaming facilities as provided in this
17		Act.
18		(Source: P.A. 91-40, eff. 6-25-99.)
19		(230 ILCS 10/4) (from Ch. 120, par. 2404)
20		Sec. 4. Definitions. As used in this Act:
21		"Authority" means the Chicago Casino Development Authority
22		created under the Chicago Casino Development Authority Act.
23		(a) "Board" means the Illinois Gaming Board.
24		"Casino" means a land-based facility located within a
25		municipality with a population of more than 500,000 inhabitants
26		at which lawful gambling is authorized and licensed as provided
27		in this Act. "Casino" includes any temporary land-based or
28		river-based facility at which lawful gambling is authorized and
29		licensed as provided in this Act. "Casino" does not include any
30		ancillary facilities such as hotels, restaurants, retail
31		facilities, conference rooms, parking areas, entertainment
32		venues, or other facilities at which gambling operations are
33		not conducted.

1		"Casino operator" means any person or entity that manages
2		casino gambling operations conducted by the Authority under
3		subsection (e-6) of Section 7.
4		"Casino operators license" means a license issued by the
5		Board to a person or entity to manage casino gambling
6		operations conducted by the Authority pursuant to subsection
7		(e-6) of Section 7.
8		(b) "Occupational license" means a license issued by the
9		Board to a person or entity to perform an occupation which the
10		Board has identified as requiring a license to engage in
11		riverboat or casino gambling in Illinois.
12		(c) "Gambling game" includes, but is not limited to,
13		baccarat, twenty-one, poker, craps, slot machine, video game of
14		chance, roulette wheel, klondike table, punchboard, faro
15		layout, keno layout, numbers ticket, push card, jar ticket, or
16		pull tab which is authorized by the Board as a wagering device
17		under this Act.
18		(d) "Riverboat" means a self-propelled excursion boat, a
19		permanently moored barge, or permanently moored barges that are
20		permanently fixed together to operate as one vessel, on which
21		lawful gambling is authorized and licensed as provided in this
22		Act.
23		(e) "Managers license" means a license issued by the Board
24		to a person or entity to manage gambling operations conducted
25		by the State pursuant to Section 7.3 7.2.
26		(f) "Dock" means the location where a riverboat moors for
27		the purpose of embarking passengers for and disembarking
28		passengers from the riverboat.
29		(g) "Whole gaming Gross receipts" means the total amount of
30		money exchanged for the purchase of chips, tokens or electronic
31		cards by riverboat or casino patrons or electronic gaming
32		patrons.
33		(h) "Gross gaming Adjusted gross receipts" means the whole
34		gaming gross receipts less winnings paid to wagerers.

1		(i) "Cheat" means to alter the selection of criteria which
2		determine the result of a gambling game or the amount or
3		frequency of payment in a gambling game.
4		(j) "Department" means the Department of Revenue.
5		(k) "Gambling operation" means the conduct of authorized
6		gambling games authorized under this Act upon a riverboat or in
7		a casino or authorized under this Act and the Illinois Horse
8		Racing Act of 1975 at an electronic gaming facility.
9		(l) "License bid" means the lump sum amount of money that
10		an applicant bids and agrees to pay the State, or which is paid
11		by the Authority, in return for an owners license that is
12		re-issued on or after July 1, 2003.
13		(m) The terms "minority person" and "female" shall have the
14		same meaning as defined in Section 2 of the Business Enterprise
15		for Minorities, Females, and Persons with Disabilities Act.
16		"Owners license" means a license to conduct riverboat
17		gambling operations or casino gambling operations, but does not
18		include an electronic gaming license.
19		"Licensed owner" means a person who holds an owners
20		license.
21		"Electronic gaming" means the conduct of gambling using
22		slot machines and video games of chance at a race track
23		licensed under the Illinois Horse Racing Act of 1975 pursuant
24		to the Illinois Horse Racing Act of 1975 and this Act.
25		"Electronic gaming facility" means the area where the Board
26		has authorized electronic gaming at a race track of an
27		organization licensee under the Illinois Horse Racing Act of
28		1975 that holds an electronic gaming license.
29		"Electronic gaming license" means a license issued by the
30		Board under Section 7.6 of this Act authorizing electronic
31		gaming at an electronic gaming facility.
32		"Organization licensee" means an entity authorized by the
33		Illinois Racing Board to conduct pari-mutuel wagering in
34		accordance with the Illinois Horse Racing Act of 1975.

1		(Source: P.A. 92-600, eff. 6-28-02; 93-28, eff. 6-20-03;
2		revisory 1-28-04.)
3		(230 ILCS 10/5) (from Ch. 120, par. 2405)
4		Sec. 5. Gaming Board.
5		(a) (1) There is hereby established within the Department
6		of Revenue an Illinois Gaming Board which shall have the powers
7		and duties specified in this Act, and all other powers
8		necessary and proper to fully and effectively execute this Act
9		for the purpose of administering, regulating, and enforcing the
10		system of riverboat and casino gambling established by this
11		Act. Its jurisdiction shall extend under this Act to every
12		person, association, corporation, partnership and trust
13		involved in riverboat and casino gambling operations in the
14		State of Illinois.
15		(2) The Board shall consist of 5 members to be appointed by
16		the Governor with the advice and consent of the Senate, one of
17		whom shall be designated by the Governor to be chairperson
18		chairman. Each member shall have a reasonable knowledge of the
19		practice, procedure and principles of gambling operations.
20		Each member shall either be a resident of Illinois or shall
21		certify that he or she will become a resident of Illinois
22		before taking office. At least one member shall be experienced
23		in law enforcement and criminal investigation, at least one
24		member shall be a certified public accountant experienced in
25		accounting and auditing, and at least one member shall be a
26		lawyer licensed to practice law in Illinois.
27		(3) The terms of office of the Board members shall be 3
28		years, except that the terms of office of the initial Board
29		members appointed pursuant to this Act will commence from the
30		effective date of this Act and run as follows: one for a term
31		ending July 1, 1991, 2 for a term ending July 1, 1992, and 2 for
32		a term ending July 1, 1993. Upon the expiration of the
33		foregoing terms, the successors of such members shall serve a

1		term for 3 years and until their successors are appointed and
2		qualified for like terms. Vacancies in the Board shall be
3		filled for the unexpired term in like manner as original
4		appointments. Each member of the Board shall be eligible for
5		reappointment at the discretion of the Governor with the advice
6		and consent of the Senate.
7		(4) Each member of the Board shall receive $300 for each
8		day the Board meets and for each day the member conducts any
9		hearing pursuant to this Act. Each member of the Board shall
10		also be reimbursed for all actual and necessary expenses and
11		disbursements incurred in the execution of official duties.
12		(5) No person shall be appointed a member of the Board or
13		continue to be a member of the Board who is, or whose spouse,
14		child or parent is, a member of the board of directors of, or a
15		person financially interested in, any gambling operation
16		subject to the jurisdiction of this Board, or any race track,
17		race meeting, racing association or the operations thereof
18		subject to the jurisdiction of the Illinois Racing Board. No
19		Board member shall hold any other public office for which he
20		shall receive compensation other than necessary travel or other
21		incidental expenses. No person shall be a member of the Board
22		who is not of good moral character or who has been convicted
23		of, or is under indictment for, a felony under the laws of
24		Illinois or any other state, or the United States.
25		(6) Any member of the Board may be removed by the Governor
26		for neglect of duty, misfeasance, malfeasance, or nonfeasance
27		in office.
28		(7) Before entering upon the discharge of the duties of his
29		office, each member of the Board shall take an oath that he
30		will faithfully execute the duties of his office according to
31		the laws of the State and the rules and regulations adopted
32		therewith and shall give bond to the State of Illinois,
33		approved by the Governor, in the sum of $25,000. Every such
34		bond, when duly executed and approved, shall be recorded in the

1		office of the Secretary of State. Whenever the Governor
2		determines that the bond of any member of the Board has become
3		or is likely to become invalid or insufficient, he shall
4		require such member forthwith to renew his bond, which is to be
5		approved by the Governor. Any member of the Board who fails to
6		take oath and give bond within 30 days from the date of his
7		appointment, or who fails to renew his bond within 30 days
8		after it is demanded by the Governor, shall be guilty of
9		neglect of duty and may be removed by the Governor. The cost of
10		any bond given by any member of the Board under this Section
11		shall be taken to be a part of the necessary expenses of the
12		Board.
13		(8) Upon the request of the Board, the Department shall
14		employ such personnel as may be necessary to carry out the
15		functions of the Board. No person shall be employed to serve
16		the Board who is, or whose spouse, parent or child is, an
17		official of, or has a financial interest in or financial
18		relation with, any operator engaged in gambling operations
19		within this State or any organization engaged in conducting
20		horse racing within this State. Any employee violating these
21		prohibitions shall be subject to termination of employment.
22		(9) An Administrator shall perform any and all duties that
23		the Board shall assign him. The salary of the Administrator
24		shall be determined by the Board and approved by the Director
25		of the Department and, in addition, he shall be reimbursed for
26		all actual and necessary expenses incurred by him in discharge
27		of his official duties. The Administrator shall keep records of
28		all proceedings of the Board and shall preserve all records,
29		books, documents and other papers belonging to the Board or
30		entrusted to its care. The Administrator shall devote his full
31		time to the duties of the office and shall not hold any other
32		office or employment.
33		(b) The Board shall have general responsibility for the
34		implementation of this Act. Its duties include, without

1		limitation, the following:
2		(1) To decide promptly and in reasonable order all
3		license applications. Any party aggrieved by an action of
4		the Board denying, suspending, revoking, restricting or
5		refusing to renew a license may request a hearing before
6		the Board. A request for a hearing must be made to the
7		Board in writing within 5 days after service of notice of
8		the action of the Board. Notice of the action of the Board
9		shall be served either by personal delivery or by certified
10		mail, postage prepaid, to the aggrieved party. Notice
11		served by certified mail shall be deemed complete on the
12		business day following the date of such mailing. The Board
13		shall conduct all requested hearings promptly and in
14		reasonable order;
15		(2) To conduct all hearings pertaining to civil
16		violations of this Act or rules and regulations promulgated
17		hereunder;
18		(3) To promulgate such rules and regulations as in its
19		judgment may be necessary to protect or enhance the
20		credibility and integrity of gambling operations
21		authorized by this Act and the regulatory process
22		hereunder;
23		(4) To provide for the establishment and collection of
24		all license and registration fees and taxes imposed by this
25		Act and the rules and regulations issued pursuant hereto.
26		All such fees and taxes shall be deposited into the State
27		Gaming Fund;
28		(5) To provide for the levy and collection of penalties
29		and fines for the violation of provisions of this Act and
30		the rules and regulations promulgated hereunder. All such
31		fines and penalties shall be deposited into the Education
32		Assistance Fund, created by Public Act 86-0018, of the
33		State of Illinois;
34		(6) To be present through its inspectors and agents any

1		time gambling operations are conducted on any riverboat, in
2		any casino, or at any electronic gaming facility for the
3		purpose of certifying the revenue thereof, receiving
4		complaints from the public, and conducting such other
5		investigations into the conduct of the gambling games and
6		the maintenance of the equipment as from time to time the
7		Board may deem necessary and proper;
8		(7) To review and rule upon any complaint by a licensee
9		regarding any investigative procedures of the State which
10		are unnecessarily disruptive of gambling operations. The
11		need to inspect and investigate shall be presumed at all
12		times. The disruption of a licensee's operations shall be
13		proved by clear and convincing evidence, and establish
14		that: (A) the procedures had no reasonable law enforcement
15		purposes, and (B) the procedures were so disruptive as to
16		unreasonably inhibit gambling operations;
17		(8) To hold at least one meeting each quarter of the
18		fiscal year. In addition, special meetings may be called by
19		the chairperson Chairman or any 2 Board members upon 72
20		hours written notice to each member. All Board meetings
21		shall be subject to the Open Meetings Act. Three members of
22		the Board shall constitute a quorum, and 3 votes shall be
23		required for any final determination by the Board. The
24		Board shall keep a complete and accurate record of all its
25		meetings. A majority of the members of the Board shall
26		constitute a quorum for the transaction of any business,
27		for the performance of any duty, or for the exercise of any
28		power which this Act requires the Board members to
29		transact, perform or exercise en banc, except that, upon
30		order of the Board, one of the Board members or an
31		administrative law judge designated by the Board may
32		conduct any hearing provided for under this Act or by Board
33		rule and may recommend findings and decisions to the Board.
34		The Board member or administrative law judge conducting

1		such hearing shall have all powers and rights granted to
2		the Board in this Act. The record made at the time of the
3		hearing shall be reviewed by the Board, or a majority
4		thereof, and the findings and decision of the majority of
5		the Board shall constitute the order of the Board in such
6		case;
7		(9) To maintain records which are separate and distinct
8		from the records of any other State board or commission.
9		Such records shall be available for public inspection and
10		shall accurately reflect all Board proceedings;
11		(10) To file a written annual report with the Governor
12		on or before March 1 each year and such additional reports
13		as the Governor may request. The annual report shall
14		include a statement of receipts and disbursements by the
15		Board, actions taken by the Board, and any additional
16		information and recommendations which the Board may deem
17		valuable or which the Governor may request;
18		(11) (Blank); and
19		(12) To assume responsibility for the administration
20		and enforcement of the Bingo License and Tax Act, the
21		Charitable Games Act, and the Pull Tabs and Jar Games Act
22		if such responsibility is delegated to it by the Director
23		of Revenue; and .
24		(13) To assume responsibility for the administration
25		and enforcement of operations at electronic gaming
26		facilities pursuant to this Act and the Illinois Horse
27		Racing Act of 1975.
28		(c) The Board shall have jurisdiction over and shall
29		supervise all gambling operations governed by this Act. The
30		Board shall have all powers necessary and proper to fully and
31		effectively execute the provisions of this Act, including, but
32		not limited to, the following:
33		(1) To investigate applicants and determine the
34		eligibility of applicants for licenses and to select among

1		competing applicants the applicants which best serve the
2		interests of the citizens of Illinois.
3		(2) To have jurisdiction and supervision over all
4		riverboat gambling operations authorized under this Act in
5		this State and all persons in places on riverboats where
6		gambling operations are conducted.
7		(3) To promulgate rules and regulations for the purpose
8		of administering the provisions of this Act and to
9		prescribe rules, regulations and conditions under which
10		all riverboat gambling operations subject to this Act in
11		the State shall be conducted. Such rules and regulations
12		are to provide for the prevention of practices detrimental
13		to the public interest and for the best interests of
14		riverboat gambling, including rules and regulations
15		regarding the inspection of electronic gaming facilities,
16		such riverboats, and casinos and the review of any permits
17		or licenses necessary to operate a riverboat, casino, or
18		electronic gaming facility under any laws or regulations
19		applicable to riverboats, casinos, and electronic gaming
20		facilities, and to impose penalties for violations
21		thereof.
22		(4) To enter the office, riverboats, electronic gaming
23		facilities, and other facilities, or other places of
24		business of a licensee, where evidence of the compliance or
25		noncompliance with the provisions of this Act is likely to
26		be found.
27		(5) To investigate alleged violations of this Act or
28		the rules of the Board and to take appropriate disciplinary
29		action against a licensee, other than the Authority, or a
30		holder of an occupational license for a violation, or
31		institute appropriate legal action for enforcement, or
32		both.
33		(6) To adopt standards for the licensing of all persons
34		under this Act, as well as for electronic or mechanical

1		gambling games, and to establish fees for such licenses.
2		(7) To adopt appropriate standards for all electronic
3		gaming facilities, riverboats, casinos, and other
4		facilities authorized under this Act.
5		(8) To require that the records, including financial or
6		other statements of any licensee under this Act, shall be
7		kept in such manner as prescribed by the Board and that any
8		such licensee involved in the ownership or management of
9		gambling operations submit to the Board an annual balance
10		sheet and profit and loss statement, list of the
11		stockholders or other persons having a 1% or greater
12		beneficial interest in the gambling activities of each
13		licensee, and any other information the Board deems
14		necessary in order to effectively administer this Act and
15		all rules, regulations, orders and final decisions
16		promulgated under this Act.
17		(9) To conduct hearings, issue subpoenas for the
18		attendance of witnesses and subpoenas duces tecum for the
19		production of books, records and other pertinent documents
20		in accordance with the Illinois Administrative Procedure
21		Act, and to administer oaths and affirmations to the
22		witnesses, when, in the judgment of the Board, it is
23		necessary to administer or enforce this Act or the Board
24		rules.
25		(10) To prescribe a form to be used by any licensee
26		involved in the ownership or management of gambling
27		operations as an application for employment for their
28		employees.
29		(11) To revoke or suspend licenses, other than the
30		license issued to the Authority, as the Board may see fit
31		and in compliance with applicable laws of the State
32		regarding administrative procedures, and to review
33		applications for the renewal of licenses. The Board may
34		suspend an owners license (other than the license issued to

1		the Authority) or an electronic gaming license , without
2		notice or hearing, upon a determination that the safety or
3		health of patrons or employees is jeopardized by continuing
4		a gambling operation conducted under that license a
5		riverboat's operation. The suspension may remain in effect
6		until the Board determines that the cause for suspension
7		has been abated. The Board may revoke the owners license
8		(other than the license issued to the Authority) or the
9		electronic gaming license upon a determination that the
10		licensee owner has not made satisfactory progress toward
11		abating the hazard.
12		(12) To eject or exclude or authorize the ejection or
13		exclusion of, any person from riverboat gambling
14		facilities where that such person is in violation of this
15		Act, rules and regulations thereunder, or final orders of
16		the Board, or where such person's conduct or reputation is
17		such that his or her presence within the riverboat gambling
18		facilities may, in the opinion of the Board, call into
19		question the honesty and integrity of the gambling
20		operations or interfere with the orderly conduct thereof;
21		provided that the propriety of such ejection or exclusion
22		is subject to subsequent hearing by the Board.
23		(13) To require all licensees of gambling operations to
24		utilize a cashless wagering system whereby all players'
25		money is converted to tokens, electronic cards, or chips
26		which shall be used only for wagering in the gambling
27		establishment.
28		(14) (Blank).
29		(15) To suspend, revoke or restrict licenses (other
30		than the license issued to the Authority) or electronic
31		gaming licenses, to require the removal of a licensee or an
32		employee of a licensee for a violation of this Act or a
33		Board rule or for engaging in a fraudulent practice, and to
34		impose civil penalties of up to $5,000 against individuals

1		and up to $10,000 or an amount equal to the daily whole
2		gaming gross receipts, whichever is larger, against
3		licensees for each violation of any provision of the Act,
4		any rules adopted by the Board, any order of the Board or
5		any other action which, in the Board's discretion, is a
6		detriment or impediment to riverboat gambling operations.
7		(16) To hire employees to gather information, conduct
8		investigations and carry out any other tasks contemplated
9		under this Act.
10		(17) To establish minimum levels of insurance to be
11		maintained by licensees.
12		(18) To authorize a licensee to sell or serve alcoholic
13		liquors, wine or beer as defined in the Liquor Control Act
14		of 1934 on board a riverboat or in a casino and to have
15		exclusive authority to establish the hours for sale and
16		consumption of alcoholic liquor on board a riverboat or in
17		a casino, notwithstanding any provision of the Liquor
18		Control Act of 1934 or any local ordinance, and regardless
19		of whether the riverboat or in a casino makes excursions.
20		The establishment of the hours for sale and consumption of
21		alcoholic liquor on board a riverboat or in a casino is an
22		exclusive power and function of the State. A home rule unit
23		may not establish the hours for sale and consumption of
24		alcoholic liquor on board a riverboat or in a casino. This
25		subdivision (18) amendatory Act of 1991 is a denial and
26		limitation of home rule powers and functions under
27		subsection (h) of Section 6 of Article VII of the Illinois
28		Constitution.
29		(19) After consultation with the U.S. Army Corps of
30		Engineers, to establish binding emergency orders upon the
31		concurrence of a majority of the members of the Board
32		regarding the navigability of water, relative to
33		excursions, in the event of extreme weather conditions,
34		acts of God or other extreme circumstances.

1		(20) To delegate the execution of any of its powers
2		under this Act for the purpose of administering and
3		enforcing this Act and its rules and regulations hereunder.
4		(21) To make rules concerning the conduct of electronic
5		gaming.
6		(22) (21) To take any other action as may be reasonable
7		or appropriate to enforce this Act and rules and
8		regulations hereunder.
9		(d) The Board may seek and shall receive the cooperation of
10		the Department of State Police in conducting background
11		investigations of applicants and in fulfilling its
12		responsibilities under this Section. Costs incurred by the
13		Department of State Police as a result of such cooperation
14		shall be paid by the Board in conformance with the requirements
15		of Section 2605-400 of the Department of State Police Law (20
16		ILCS 2605/2605-400).
17		(e) The Board must authorize to each investigator and to
18		any other employee of the Board exercising the powers of a
19		peace officer a distinct badge that, on its face, (i) clearly
20		states that the badge is authorized by the Board and (ii)
21		contains a unique identifying number. No other badge shall be
22		authorized by the Board.
23		(Source: P.A. 91-40, eff. 1-1-00; 91-239, eff. 1-1-00; 91-883,
24		eff. 1-1-01.)
25		(230 ILCS 10/6) (from Ch. 120, par. 2406)
26		Sec. 6. Application for Owners License.
27		(a) A qualified person, other than the Authority, may apply
28		to the Board for an owners license to conduct a riverboat
29		gambling operation as provided in this Act. The application
30		shall be made on forms provided by the Board and shall contain
31		such information as the Board prescribes, including but not
32		limited to the identity of the riverboat on which such gambling
33		operation is to be conducted and the exact location where such

1		riverboat will be docked, a certification that the riverboat
2		will be registered under this Act at all times during which
3		gambling operations are conducted on board, detailed
4		information regarding the ownership and management of the
5		applicant, and detailed personal information regarding the
6		applicant. Any application for an owners license to be
7		re-issued on or after June 1, 2003 shall also include the
8		applicant's license bid in a form prescribed by the Board.
9		Information provided on the application shall be used as a
10		basis for a thorough background investigation which the Board
11		shall conduct with respect to each applicant. An incomplete
12		application shall be cause for denial of a license by the
13		Board.
14		(b) Applicants shall submit with their application all
15		documents, resolutions, and letters of support from the
16		governing body that represents the municipality or county
17		wherein the licensee will dock.
18		(c) Each applicant shall disclose the identity of every
19		person, association, trust or corporation having a greater than
20		1% direct or indirect pecuniary interest in the riverboat
21		gambling operation with respect to which the license is sought.
22		If the disclosed entity is a trust, the application shall
23		disclose the names and addresses of the beneficiaries; if a
24		corporation, the names and addresses of all stockholders and
25		directors; if a partnership, the names and addresses of all
26		partners, both general and limited.
27		(d) An application shall be filed with the Board by January
28		1 of the year preceding any calendar year for which an
29		applicant seeks an owners license; however, applications for an
30		owners license permitting operations on January 1, 1991 shall
31		be filed by July 1, 1990. An application fee of $50,000 shall
32		be paid at the time of filing to defray the costs associated
33		with the background investigation conducted by the Board. If
34		the costs of the investigation exceed $50,000, the applicant

1		shall pay the additional amount to the Board. If the costs of
2		the investigation are less than $50,000, the applicant shall
3		receive a refund of the remaining amount. All information,
4		records, interviews, reports, statements, memoranda or other
5		data supplied to or used by the Board in the course of its
6		review or investigation of an application for a license under
7		this Act shall be privileged, strictly confidential and shall
8		be used only for the purpose of evaluating an applicant. Such
9		information, records, interviews, reports, statements,
10		memoranda or other data shall not be admissible as evidence,
11		nor discoverable in any action of any kind in any court or
12		before any tribunal, board, agency or person, except for any
13		action deemed necessary by the Board.
14		(e) The Board shall charge each applicant a fee set by the
15		Department of State Police to defray the costs associated with
16		the search and classification of fingerprints obtained by the
17		Board with respect to the applicant's application. These fees
18		shall be paid into the State Police Services Fund.
19		(f) The licensed owner shall be the person primarily
20		responsible for the boat itself. Only one riverboat gambling
21		operation may be authorized by the Board on any riverboat. The
22		applicant must identify each riverboat it intends to use and
23		certify that the riverboat: (1) has the authorized capacity
24		required in this Act; (2) is accessible to disabled persons;
25		and (3) is fully registered and licensed in accordance with any
26		applicable laws.
27		(g) A person who knowingly makes a false statement on an
28		application is guilty of a Class A misdemeanor.
29		(Source: P.A. 93-28, eff. 6-20-03.)
30		(230 ILCS 10/7) (from Ch. 120, par. 2407)
31		Sec. 7. Owners Licenses.
32		(a) The Board shall issue owners licenses to persons, firms
33		or corporations which apply for such licenses upon payment to

1		the Board of the non-refundable license fee set by the Board,
2		upon payment of a $25,000 license fee for the first year of
3		operation and a $5,000 license fee for each succeeding year and
4		upon a determination by the Board that the applicant is
5		eligible for an owners license pursuant to this Act and the
6		rules of the Board. No application under this Section shall be
7		required from the Authority. The Authority is not required to
8		pay the fees imposed under this Section. A person, firm or
9		corporation is ineligible to receive an owners license if:
10		(1) the person has been convicted of a felony under the
11		laws of this State, any other state, or the United States;
12		(2) the person has been convicted of any violation of
13		Article 28 of the Criminal Code of 1961, or substantially
14		similar laws of any other jurisdiction;
15		(3) the person has submitted an application for a
16		license under this Act which contains false information;
17		(4) the person is a member of the Board;
18		(5) a person defined in (1), (2), (3) or (4) is an
19		officer, director or managerial employee of the firm or
20		corporation;
21		(6) the firm or corporation employs a person defined in
22		(1), (2), (3) or (4) who participates in the management or
23		operation of gambling operations authorized under this
24		Act;
25		(7) (blank); or
26		(8) a license of the person, firm or corporation issued
27		under this Act, or a license to own or operate gambling
28		facilities in any other jurisdiction, has been revoked.
29		(b) In determining whether to grant an owners license to an
30		applicant, the Board shall consider:
31		(1) the character, reputation, experience and
32		financial integrity of the applicants and of any other or
33		separate person that either:
34		(A) controls, directly or indirectly, such

1		applicant, or
2		(B) is controlled, directly or indirectly, by such
3		applicant or by a person which controls, directly or
4		indirectly, such applicant;
5		(2) the facilities or proposed facilities for the
6		conduct of riverboat gambling;
7		(3) the highest prospective total revenue to be derived
8		by the State from the conduct of riverboat gambling;
9		(4) the extent to which the ownership of the applicant
10		reflects the diversity of the State by including minority
11		persons and females and the good faith affirmative action
12		plan of each applicant to recruit, train and upgrade
13		minority persons and females in all employment
14		classifications;
15		(5) the financial ability of the applicant to purchase
16		and maintain adequate liability and casualty insurance;
17		(6) whether the applicant has adequate capitalization
18		to provide and maintain, for the duration of a license, a
19		riverboat;
20		(7) the extent to which the applicant exceeds or meets
21		other standards for the issuance of an owners license which
22		the Board may adopt by rule; and
23		(8) The amount of the applicant's license bid.
24		(c) Each owners license shall specify the place where
25		riverboats shall operate and dock.
26		(d) Each applicant shall submit with his application, on
27		forms provided by the Board, 2 sets of his fingerprints.
28		(e) In addition to the licenses authorized under
29		subsections (e-5) and (e-6), the The Board may issue up to 10
30		licenses authorizing the holders of such licenses to own
31		riverboats. In the application for an owners license, the
32		applicant shall state the dock at which the riverboat is based
33		and the water on which the riverboat will be located. The Board
34		shall issue 5 licenses to become effective not earlier than

1		January 1, 1991. Three of such licenses shall authorize
2		riverboat gambling on the Mississippi River, or, with approval
3		by the municipality in which the riverboat is docked on August
4		7, 2003, the effective date of this amendatory Act of the 93rd
5		Assembly, in a municipality that (1) borders on the Mississippi
6		River or is within 5 miles of the city limits of a municipality
7		that borders on the Mississippi River and (2), on August 7,
8		2003, the effective date of this amendatory Act of the 93rd
9		General Assembly, has a riverboat conducting riverboat
10		gambling operations pursuant to a license issued under this
11		Act;, one of which shall authorize riverboat gambling from a
12		home dock in the city of East St. Louis. One other license
13		shall authorize riverboat gambling on the Illinois River south
14		of Marshall County. The Board shall issue one additional
15		license to become effective not earlier than March 1, 1992,
16		which shall authorize riverboat gambling on the Des Plaines
17		River in Will County. The Board may issue 4 additional licenses
18		to become effective not earlier than March 1, 1992. In
19		determining the water upon which riverboats will operate, the
20		Board shall consider the economic benefit which riverboat
21		gambling confers on the State, and shall seek to assure that
22		all regions of the State share in the economic benefits of
23		riverboat gambling.
24		(e-5) In addition to the licenses authorized under
25		subsections (e) and (e-6), the Board may issue 3 additional
26		licenses authorizing riverboat gambling.
27		(1) Except as otherwise provided in this paragraph (1),
28		one of the licenses issued under this subsection (e-5)
29		shall authorize its holder to conduct riverboat gambling
30		from a home dock located in a municipality that (A) has a
31		population of at least 75,000 inhabitants, (B) is bordered
32		on the East by Lake Michigan, and (C) is located in a
33		county, the entirety of which is located to the North of
34		Cook County, and shall authorize its holder to conduct

1		riverboat gambling on Lake Michigan.
2		(2) One license issued under this subsection (e-5)
3		shall authorize its holder to conduct riverboat gambling in
4		Cook County from a home dock located in the area bordered
5		on the North by the southern corporate limit of the City of
6		Chicago, on the South by Route 30, on the East by the
7		Indiana border, and on the West by Interstate 57.
8		(3) One license issued under this subsection (e-5)
9		shall authorize its holder to conduct riverboat gambling in
10		a municipality with at least 75,000 inhabitants that is
11		located in a county that (i) is entirely to the North of
12		Cook County and (ii) does not border Lake Michigan.
13		Licenses authorized under this subsection (e-5) shall be
14		awarded pursuant to a process of competitive bidding to the
15		highest bidder that is eligible to hold an owners license under
16		this Act. The minimum bid for an owners license under this
17		subsection (e-5) shall be $250,000,000.
18		Any licensee that receives its license under this
19		subsection (e-5) shall attain a level of at least 20% minority
20		person and female ownership, at least 16% and 4% respectively,
21		within a time period prescribed by the Board, but not to exceed
22		12 months from the date the licensee begins conducting
23		riverboat gambling. The 12-month period shall be extended by
24		the amount of time necessary to conduct a background
25		investigation pursuant to Section 6. For the purposes of this
26		Section, the terms "female" and "minority person" have the
27		meanings provided in Section 2 of the Business Enterprise for
28		Minorities, Females, and Persons with Disabilities Act.
29		(e-6) In addition to the licenses authorized under
30		subsections (e) and (e-5), the Board, upon written request of
31		the Authority and upon payment by the Authority to the Board on
32		or before June 30, 2005 of a fee of $350,000,000, shall issue
33		an owners license to the Authority, authorizing the conduct of
34		gambling operations in a casino located in a municipality with

1		a population of more than 500,000 inhabitants. Until completion
2		of a permanent casino, the Authority's license shall authorize
3		it to conduct gambling operations in one or more land-based or
4		riverboat temporary casinos within the municipality, provided
5		that the total number of gaming positions is limited to 3,000.
6		The license issued to the Authority shall be perpetual and may
7		not be revoked, suspended, or limited by the Board. The Board
8		shall have the authority to investigate, reject, and remove any
9		appointments to the Authority's board and the Authority's
10		appointment of its executive director. Casino gambling
11		operations shall be conducted by a casino operator on behalf of
12		the Authority. The Authority shall conduct a competitive
13		bidding process for the selection of casino operators to
14		develop and operate the casino and one or more temporary
15		casinos and riverboats; provided that the Authority may not
16		select as a casino operator any bidder who directly or
17		indirectly has an ownership or management interest in 2 or more
18		riverboat gambling operations in Illinois and Indiana. Any such
19		casino operators shall be subject to licensing by, and full
20		jurisdiction of, the Board.
21		(e-10) In granting all licenses, the Board may give
22		favorable consideration to economically depressed areas of the
23		State, to applicants presenting plans which provide for
24		significant economic development over a large geographic area,
25		and to applicants who currently operate non-gambling
26		riverboats in Illinois. The Board shall review all applications
27		for owners licenses, and shall inform each applicant of the
28		Board's decision. The Board may grant an owners license to an
29		applicant that has not submitted the highest license bid, but
30		if it does not select the highest bidder, the Board shall issue
31		a written decision explaining why another applicant was
32		selected and identifying the factors set forth in this Section
33		that favored the winning bidder.
34		(e-15) In addition to any other revocation powers granted

1		to the Board under this Act, the Board may revoke the owners
2		license of a licensee which fails to begin conducting gambling
3		within 15 months of receipt of the Board's approval of the
4		application if the Board determines that license revocation is
5		in the best interests of the State.
6		(f) Owners The first 10 owners licenses issued under this
7		Act shall permit the holder to own up to 2 riverboats and
8		equipment thereon for a period of 3 years after the effective
9		date of the license. Holders of the first 10 owners licenses
10		must pay the annual license fee for each of the 3 years during
11		which they are authorized to own riverboats.
12		(g) Upon the termination, expiration, or revocation of each
13		owners license of the first 10 licenses, which shall be issued
14		for a 3 year period, all licenses are renewable annually upon
15		payment of the fee and a determination by the Board that the
16		licensee continues to meet all of the requirements of this Act
17		and the Board's rules. However, for licenses renewed on or
18		after May 1, 1998, renewal shall be for a period of 4 years,
19		unless the Board sets a shorter period. The Authority's license
20		shall be perpetual and shall not be subject to renewal.
21		(h) An owners license, other than the Authority's license,
22		shall entitle the licensee to own up to 2 riverboats and
23		operate up to 1,200 gaming positions, plus an additional number
24		of positions as provided in subsections (h-5), (h-7), and
25		(h-10). The Authority's license shall limit the number of
26		gaming positions to 3,000, and shall not allow the Authority to
27		obtain additional gaming positions under subsection (h-5).
28		(h-5) In addition to the 1,200 gaming positions authorized
29		under subsection (h), a licensee, other than the Authority, may
30		purchase and operate additional gaming positions as provided in
31		this subsection (h-5). A licensee, other than the Authority,
32		may purchase up to 800 additional gaming positions under this
33		subsection (h-5) in groups of 100 by paying to the Board,
34		within 60 days after the adoption of rules under subsection

1		(h-8) concerning the forfeiture of unused gaming positions, a
2		fee of $2,500,000 for each group of 100 additional gaming
3		positions.
4		(h-7) Gaming positions authorized under subsection (h-5)
5		that go unpurchased for 60 days after the adoption of rules
6		under subsection (h-8) concerning the forfeiture of unused
7		gaming positions, if any, shall be made available to owners
8		licensees, other than the Authority, as provided in this
9		subsection (h-7). Within 30 days after the end of that 60-day
10		period, the Gaming Board shall make those unpurchased positions
11		available to owners licensees, other than the Authority, under
12		a process of competitive bidding, in groups of 50 gaming
13		positions. The minimum bid for each group of 50 gaming
14		positions shall be $1,250,000.
15		(h-8) At the time of license renewal, if the Gaming Board
16		determines that an owners licensee is not using any portion of
17		the gaming positions that it obtained under subsection (h-5) or
18		(h-7), the owners licensee shall forfeit those unused gaming
19		positions. The owners licensee shall not receive compensation
20		for those forfeited gaming positions. Within 30 days after the
21		forfeiture of an owners licensee's unused gaming positions, the
22		unused positions shall be made available by the Gaming Board to
23		owners licensees, other than the Authority, under a process of
24		competitive bidding, in groups of 50 gaming positions. The
25		minimum bid for each group of 50 gaming positions shall be
26		$1,250,000. Within 30 days after the effective date of this
27		amendatory Act of the 93rd General Assembly, the Board shall
28		adopt rules concerning the forfeiture of unused gaming
29		positions obtained under subsection (h-5) or (h-7).
30		(h-10) The total number of gaming positions used by an
31		owners licensee shall not exceed 3,500 at one time (3,000 in
32		the case of the Authority). Within this limit, a licensee may
33		operate both of its riverboats concurrently.
34		An owners licensee that obtains in excess of 1,200

1		positions, other than the Authority, may conduct riverboat
2		gambling operations from a land-based facility within or
3		attached to its home dock facility or from a temporary
4		facility, as the term "temporary facility" is defined by Board
5		rule, that is attached to the licensee's home dock, with Board
6		approval. Gaming positions located in a land-based facility
7		must be located in an area that is accessible only to persons
8		who are at least 21 years of age. A licensee may not conduct
9		gambling at a land-based facility unless the admission tax
10		imposed under Section 12 has been paid for all persons who
11		enter the land-based facility. The Board shall adopt rules
12		concerning the conduct of gambling from land-based facilities,
13		including rules concerning the number of gaming positions that
14		may be located at a temporary facility. A licensee shall limit
15		the number of gambling participants to 1,200 for any such
16		owners license. A licensee may operate both of its riverboats
17		concurrently, provided that the total number of gambling
18		participants on both riverboats does not exceed 1,200.
19		Riverboats licensed to operate on the Mississippi River and the
20		Illinois River south of Marshall County shall have an
21		authorized capacity of at least 500 persons. Any other
22		riverboat licensed under this Act shall have an authorized
23		capacity of at least 400 persons.
24		(i) A licensed owner is authorized to apply to the Board
25		for and, if approved therefor, to receive all licenses from the
26		Board necessary for the operation of a riverboat or a casino,
27		including a liquor license, a license to prepare and serve food
28		for human consumption, and other necessary licenses. All use,
29		occupation and excise taxes which apply to the sale of food and
30		beverages in this State and all taxes imposed on the sale or
31		use of tangible personal property apply to such sales aboard
32		the riverboat or in the casino.
33		(j) The Board may issue or re-issue a license authorizing a
34		riverboat to dock in a municipality or approve a relocation

1		under Section 11.2 only if, prior to the issuance or
2		re-issuance of the license or approval, the governing body of
3		the municipality in which the riverboat will dock has by a
4		majority vote approved the docking of riverboats in the
5		municipality. The Board may issue or re-issue a license
6		authorizing a riverboat to dock in areas of a county outside
7		any municipality or approve a relocation under Section 11.2
8		only if, prior to the issuance or re-issuance of the license or
9		approval, the governing body of the county has by a majority
10		vote approved of the docking of riverboats within such areas.
11		(Source: P.A. 92-600, eff. 6-28-02; 93-28, eff. 6-20-03;
12		93-453, eff. 8-7-03; revised 1-27-04.)
13		(230 ILCS 10/7.1)
14		Sec. 7.1. Re-issuance of revoked or non-renewed owners
15		licenses.
16		(a) If an owners license terminates or expires without
17		renewal or the Board revokes or determines not to renew an
18		owners license (including, without limitation, an owners
19		license for a licensee that was not conducting riverboat
20		gambling operations on January 1, 1998) and that revocation or
21		determination is final, the Board may re-issue such license to
22		a qualified applicant pursuant to an open and competitive
23		bidding process, as set forth in Section 7.5, and subject to
24		the maximum number of authorized licenses set forth in
25		subsections (e), (e-5), and (e-6) of Section 7 Section 7(e).
26		(b) To be a qualified applicant, a person, firm, or
27		corporation cannot be ineligible to receive an owners license
28		under Section 7(a) and must submit an application for an owners
29		license that complies with Section 6. Each such applicant must
30		also submit evidence to the Board that minority persons and
31		females hold ownership interests in the applicant of at least
32		16% and 4% respectively.
33		(c) Notwithstanding anything to the contrary in

1		subsections (e), (e-5), or (e-6) of Section 7, Section 7(e), an
2		applicant may apply to the Board for approval of relocation of
3		a re-issued license to a new home dock location authorized
4		under Section 3(c) upon receipt of the approval from the
5		municipality or county, as the case may be, pursuant to Section
6		7(j).
7		(d) In determining whether to grant a re-issued owners
8		license to an applicant, the Board shall consider all of the
9		factors set forth in Section Sections 7(b) and in Section 7(e)
10		or (e-5), whichever is applicable, (e) as well as the amount of
11		the applicant's license bid. The Board may grant the re-issued
12		owners license to an applicant that has not submitted the
13		highest license bid, but if it does not select the highest
14		bidder, the Board shall issue a written decision explaining why
15		another applicant was selected and identifying the factors set
16		forth in Section Sections 7(b) and in Section 7(e) or (e-5),
17		whichever is applicable, (e) that favored the winning bidder.
18		(e) Re-issued owners licenses shall be subject to annual
19		license fees as provided for in Section 7(a) and shall be
20		governed by the provisions of Sections 7(f), (g), (h), and (i).
21		(Source: P.A. 93-28, eff. 6-20-03.)
22		(230 ILCS 10/7.3)
23		Sec. 7.3. State conduct of gambling operations.
24		(a) If, after reviewing each application for a re-issued
25		license, the Board determines that the highest prospective
26		total revenue to the State would be derived from State conduct
27		of the gambling operation in lieu of re-issuing the license,
28		the Board shall inform each applicant of its decision. The
29		Board shall thereafter have the authority, without obtaining an
30		owners license, to conduct riverboat gambling operations as
31		previously authorized by the terminated, expired, revoked, or
32		nonrenewed license through a licensed manager selected
33		pursuant to an open and competitive bidding process as set

1		forth in Section 7.5 and as provided in Section 7.4.
2		(b) The Board may locate any riverboat on which a gambling
3		operation is conducted by the State in any home dock location
4		authorized by Section 3(c) upon receipt of approval from a
5		majority vote of the governing body of the municipality or
6		county, as the case may be, in which the riverboat will dock.
7		(c) The Board shall have jurisdiction over and shall
8		supervise all gambling operations conducted by the State
9		provided for in this Act and shall have all powers necessary
10		and proper to fully and effectively execute the provisions of
11		this Act relating to gambling operations conducted by the
12		State.
13		(d) The maximum number of owners licenses authorized under
14		Section 7 7(e) shall be reduced by one for each instance in
15		which the Board authorizes the State to conduct a riverboat
16		gambling operation under subsection (a) in lieu of re-issuing a
17		license to an applicant under Section 7.1.
18		(Source: P.A. 93-28, eff. 6-20-03.)
19		(230 ILCS 10/7.4)
20		Sec. 7.4. Managers and casino operators licenses.
21		(a) A qualified person may apply to the Board for a
22		managers license to operate and manage any gambling operation
23		conducted by the State or the Authority. The application shall
24		be made on forms provided by the Board and shall contain such
25		information as the Board prescribes, including but not limited
26		to information required in Sections 6(a), (b), and (c) and
27		information relating to the applicant's proposed price to
28		manage State or Authority gambling operations and to provide
29		the riverboat or casino, gambling equipment, and supplies
30		necessary to conduct State or Authority gambling operations.
31		(b) Each applicant, other than an applicant to manage the
32		Authority's gambling operations, must submit evidence to the
33		Board that minority persons and females hold ownership

1		interests in the applicant of at least 16% and 4%,
2		respectively.
3		(c) A person, firm, or corporation is ineligible to receive
4		a managers license or a casino operators license if:
5		(1) the person has been convicted of a felony under the
6		laws of this State, any other state, or the United States;
7		(2) the person has been convicted of any violation of
8		Article 28 of the Criminal Code of 1961, or substantially
9		similar laws of any other jurisdiction;
10		(3) the person has submitted an application for a
11		license under this Act which contains false information;
12		(4) the person is a member of the Board;
13		(5) a person defined in (1), (2), (3), or (4) is an
14		officer, director, or managerial employee of the firm or
15		corporation;
16		(6) the firm or corporation employs a person defined in
17		(1), (2), (3), or (4) who participates in the management or
18		operation of gambling operations authorized under this
19		Act; or
20		(7) a license of the person, firm, or corporation
21		issued under this Act, or a license to own or operate
22		gambling facilities in any other jurisdiction, has been
23		revoked.
24		(d) Each applicant shall submit with his or her
25		application, on forms prescribed by the Board, 2 sets of his or
26		her fingerprints.
27		(e) The Board shall charge each applicant a fee, set by the
28		Board, to defray the costs associated with the background
29		investigation conducted by the Board.
30		(f) A person who knowingly makes a false statement on an
31		application is guilty of a Class A misdemeanor.
32		(g) The managers license to manage any gambling operation
33		conducted by the State shall be for a term not to exceed 10
34		years, shall be renewable at the Board's option, and shall

1		contain such terms and provisions as the Board deems necessary
2		to protect or enhance the credibility and integrity of State
3		gambling operations, achieve the highest prospective total
4		revenue to the State, and otherwise serve the interests of the
5		citizens of Illinois. The initial term of a casino operators
6		license to manage the Authority's gambling operations shall be
7		4 years. Upon expiration of the initial term and of each
8		renewal term, the casino operators license shall be renewed for
9		a period of 4 years, provided that the casino operator
10		continues to meet all of the requirements of this Act and the
11		Board's rules.
12		(h) Issuance of a managers license shall be subject to an
13		open and competitive bidding process. The Board may select an
14		applicant other than the lowest bidder by price. If it does not
15		select the lowest bidder, the Board shall issue a notice of who
16		the lowest bidder was and a written decision as to why another
17		bidder was selected.
18		(Source: P.A. 93-28, eff. 6-20-03.)
19		(230 ILCS 10/7.6 new)
20		Sec. 7.6. Electronic gaming.
21		(a) The General Assembly finds that the horse racing and
22		riverboat gambling industries share many similarities and
23		collectively comprise the bulk of the State's gaming industry.
24		One feature common to both industries is that each is highly
25		regulated by the State of Illinois.
26		The General Assembly further finds, however, that despite
27		their shared features each industry is distinct from the other
28		in that horse racing is and continues to be intimately tied to
29		Illinois' agricultural economy and is, at its core, a spectator
30		sport. This distinction requires the General Assembly to
31		utilize different methods to regulate and promote the horse
32		racing industry throughout the State.
33		The General Assembly finds that in order to promote live

1		horse racing as a spectator sport in Illinois and the
2		agricultural economy of this State, it is necessary to allow
3		electronic gaming at Illinois race tracks given the success of
4		other states in increasing live racing purse accounts and
5		improving the quality of horses participating in horse race
6		meetings.
7		The General Assembly finds, however, that even though the
8		authority to conduct electronic gaming is a uniform means to
9		improve live horse racing in this State, electronic gaming must
10		be regulated and implemented differently in southern Illinois
11		versus the Chicago area. The General Assembly finds that
12		Fairmount Park is the only race track operating on a year round
13		basis in southern Illinois that offers live racing and for that
14		matter only conducts live thoroughbred racing. The General
15		Assembly finds that the current state of affairs deprives
16		spectators and standardbred horsemen residing in southern
17		Illinois of the opportunity to participate in live standardbred
18		racing in a manner similar to spectators, thoroughbred
19		horsemen, and standardbred horsemen residing in the Chicago
20		area. The General Assembly declares that southern Illinois
21		spectators and standardbred horsemen should have a similar
22		opportunity to participate in live standardbred racing as
23		spectators and standardbred horsemen in the Chicago area. The
24		General Assembly declares that in order to remove this
25		disparity between southern Illinois and the Chicago area, it is
26		necessary for the State to regulate Fairmount Park differently
27		from horse race tracks found in the Chicago area and tie
28		Fairmount Park's authorization to conduct electronic gaming to
29		a commitment to conduct at least 25 days of standardbred racing
30		as set forth in subsection (d) of this Section. The General
31		Assembly finds that standardbred racing provides an important
32		economic benefit to the State.
33		(b) The Illinois Gaming Board shall award one electronic
34		gaming license to become effective on or after July 1, 2004 to

1		each organization licensee under the Illinois Horse Racing Act
2		of 1975, subject to application and eligibility requirements of
3		this Section. An electronic gaming license shall authorize its
4		holder to conduct electronic gaming at its race track at the
5		following times:
6		(1) on days when it conducts live racing at the track
7		where its electronic gaming facility is located from the
8		time the first race of the day at that track begins until
9		3:00 a.m. on the following day; and
10		(2) on days when it conducts simulcast wagering on
11		races run in the United States from the time it first
12		receives the simulcast signal until 3:00 a.m. on the
13		following day.
14		A license to conduct electronic gaming and any renewal of
15		an electronic gaming license shall authorize electronic gaming
16		for a period of 4 years. The fee for the issuance or renewal of
17		an electronic gaming license shall be $40,000.
18		(c) To be eligible to conduct electronic gaming, an
19		organization licensee must (i) obtain an electronic gaming
20		license, (ii) hold an organization license under the Illinois
21		Horse Racing Act of 1975, (iii) hold an inter-track wagering
22		license, (iv) pay a fee of $50,000 for each position authorized
23		under this amendatory Act of the 93rd General Assembly before
24		beginning to conduct electronic gaming, (v) apply for at least
25		the same number of days of thoroughbred racing or standardbred
26		racing or both, as the case may be, as it was awarded in
27		calendar year 2004, (vi) meet the requirements of Section 56(a)
28		of the Illinois Horse Racing Act of 1975, and (vii) meet all
29		other requirements of this Act that apply to owners licensees.
30		With respect to the live racing requirement described in
31		this subsection, an organization licensee must conduct the same
32		number of days of thoroughbred or standardbred racing or both,
33		as the case may be, as it was awarded by the Board, unless a
34		lesser schedule of live racing is the result of (A) weather or

1		unsafe track conditions due to acts of God, (B) a strike
2		between the organization licensee and the associations
3		representing the largest number of owners, trainers, jockeys,
4		or standardbred drivers who race horses at that organization
5		licensee's racing meeting, or (C) an agreement that has been
6		approved by the Racing Board between the organization licensee
7		and the associations representing the largest number of owners,
8		trainers, jockeys, or standardbred drivers who race horses at
9		that organization licensee's race meeting to conduct a lesser
10		number of race meets.
11		(d) In addition to the other eligibility requirements of
12		subsection (c), an organization licensee that holds an
13		electronic gaming license authorizing it to conduct electronic
14		gaming at Fairmount Park must apply for and conduct at least 25
15		days of standardbred racing in calendar year 2005 and
16		thereafter, unless a lesser schedule of live racing is the
17		result of (A) weather or unsafe track conditions due to acts of
18		God, (B) a strike between the organization licensee and the
19		associations representing the largest number of owners,
20		trainers, jockeys, or standardbred drivers who race horses at
21		that organization licensee's racing meeting, or (C) an
22		agreement that has been approved by the Racing Board between
23		the organization licensee and the associations representing
24		the largest number of owners, trainers, jockeys, or
25		standardbred drivers who race horses at that organization
26		licensee's race meeting to conduct a lesser number of race
27		meets.
28		(e) The Board may approve electronic gaming licenses
29		authorizing the conduct of electronic gaming by eligible
30		organization licensees.
31		(f) In calendar year 2004, the Board may approve up to
32		3,800 aggregate electronic gaming positions statewide as
33		provided in this Section. The authority to operate electronic
34		gaming positions under this Section in calendar year 2004 shall

1		be allocated as follows:
2		(1) An organization licensee that had an average daily
3		amount of wagers placed into mutual pools for races
4		conducted at that licensee's racetrack in calendar year
5		2002 of more than $3,000,000 may admit up to 1,150 gaming
6		participants at a time.
7		(2) An organization licensee that had an average daily
8		amount of wagers placed into mutual pools for races
9		conducted at that licensee's racetrack in calendar year
10		2002 of more than $2,000,000 but no more than $3,000,000
11		may admit up to 1,000 gaming participants at a time.
12		(3) An organization licensee that had an average daily
13		amount of wagers placed into mutual pools for races
14		conducted at that licensee's racetrack in calendar year
15		2002 of $2,000,000 or less may admit up to 850 gaming
16		participants at a time.
17		(4) An organization licensee conducting pari-mutuel
18		wagering at a racetrack located in a county with a
19		population in excess of 230,000 inhabitants that borders on
20		the Mississippi River may admit up to 500 gaming
21		participants at a time.
22		(5) An organization licensee located at a race track
23		outside of Cook County, other than an organization licensee
24		described in paragraph (4), may admit up to 300 gaming
25		participants at a time.
26		(g) For each calendar year after 2004 in which an
27		electronic gaming licensee requests a number of racing days
28		under its organization license that is less than 90% of the
29		number of days of live racing it was awarded in 2004, the
30		electronic gaming licensee may not conduct electronic gaming.
31		(h) Upon the initial renewal of an electronic gaming
32		license, if an electronic gaming licensee had a higher average
33		daily live racing handle in the term of its previous electronic
34		gaming license than in 2004, then the number of electronic

1		gaming positions that the electronic gaming licensee may
2		operate after its license is renewed shall be increased by a
3		percentage equal to the percentage increase in average daily
4		live racing handle during that previous license term over
5		calendar year 2004, but in no event by more than 25%. If an
6		electronic gaming license is authorized to operate additional
7		electronic gaming positions under this subsection (h), it must
8		pay the fee imposed under item (iv) of subsection (c) for each
9		additional electronic gaming position.
10		(i) An electronic gaming licensee may conduct electronic
11		gaming at a temporary facility pending the construction of a
12		permanent facility or the remodeling of an existing facility to
13		accommodate electronic gaming participants for up to 24 months
14		after receiving an electronic gaming license. The Board shall
15		make rules concerning the conduct of electronic gaming from
16		temporary facilities.
17		(230 ILCS 10/7.7 new)
18		Sec. 7.7. Home rule. The regulation and licensing of
19		electronic gaming and electronic gaming licensees are
20		exclusive powers and functions of the State. A home rule unit
21		may not regulate or license electronic gaming or electronic
22		gaming licensees. This Section is a denial and limitation of
23		home rule powers and functions under subsection (h) of Section
24		6 of Article VII of the Illinois Constitution.
25		(230 ILCS 10/8) (from Ch. 120, par. 2408)
26		Sec. 8. Suppliers licenses.
27		(a) The Board may issue a suppliers license to such
28		persons, firms or corporations which apply therefor upon the
29		payment of a non-refundable application fee set by the Board,
30		upon a determination by the Board that the applicant is
31		eligible for a suppliers license and upon payment of a $5,000
32		annual license fee.

1		(b) The holder of a suppliers license is authorized to sell
2		or lease, and to contract to sell or lease, gambling equipment
3		and supplies to any licensee involved in the ownership or
4		management of gambling operations.
5		(c) Gambling supplies and equipment may not be distributed
6		unless supplies and equipment conform to standards adopted by
7		rules of the Board.
8		(d) A person, firm or corporation is ineligible to receive
9		a suppliers license if:
10		(1) the person has been convicted of a felony under the
11		laws of this State, any other state, or the United States;
12		(2) the person has been convicted of any violation of
13		Article 28 of the Criminal Code of 1961, or substantially
14		similar laws of any other jurisdiction;
15		(3) the person has submitted an application for a
16		license under this Act which contains false information;
17		(4) the person is a member of the Board;
18		(5) the firm or corporation is one in which a person
19		defined in (1), (2), (3) or (4), is an officer, director or
20		managerial employee;
21		(6) the firm or corporation employs a person who
22		participates in the management or operation of riverboat
23		gambling authorized under this Act;
24		(7) the license of the person, firm or corporation
25		issued under this Act, or a license to own or operate
26		gambling facilities in any other jurisdiction, has been
27		revoked.
28		(e) Any person that supplies any equipment, devices, or
29		supplies to a licensed riverboat or casino gambling operation
30		or electronic gaming operation must first obtain a suppliers
31		license. A supplier shall furnish to the Board a list of all
32		equipment, devices and supplies offered for sale or lease in
33		connection with gambling games authorized under this Act. A
34		supplier shall keep books and records for the furnishing of

1		equipment, devices and supplies to gambling operations
2		separate and distinct from any other business that the supplier
3		might operate. A supplier shall file a quarterly return with
4		the Board listing all sales and leases. A supplier shall
5		permanently affix its name to all its equipment, devices, and
6		supplies for gambling operations. Any supplier's equipment,
7		devices or supplies which are used by any person in an
8		unauthorized gambling operation shall be forfeited to the
9		State. A holder of an owners license, including the Authority,
10		or an electronic gaming license licensed owner may own its own
11		equipment, devices and supplies. Each holder of an owners
12		license, including the Authority, or an electronic gaming
13		license under the Act shall file an annual report listing its
14		inventories of gambling equipment, devices and supplies.
15		(f) Any person who knowingly makes a false statement on an
16		application is guilty of a Class A misdemeanor.
17		(g) Any gambling equipment, devices and supplies provided
18		by any licensed supplier may either be repaired on the
19		riverboat, at the casino, or at the electronic gaming facility
20		or removed from the riverboat, casino, or electronic gaming
21		facility to a an on-shore facility owned by the holder of an
22		owners license or electronic gaming license for repair.
23		(h) On and after the effective date of this amendatory Act
24		of the 93rd General Assembly, at least 30% of all slot machines
25		and video games of chance purchased by an owners licensee or
26		electronic gaming licensee shall be purchased from
27		manufacturers whose manufacturing facilities are located in
28		Illinois. The Board shall review the availability of such slot
29		machines and video games of chance and shall have the
30		discretion to raise or lower the minimum percentage of those
31		slot machines and video games of chance that must be purchased
32		from suppliers whose manufacturing facilities are located in
33		Illinois by rule as it sees fit.
34		(Source: P.A. 86-1029; 87-826.)

1		(230 ILCS 10/9) (from Ch. 120, par. 2409)
2		Sec. 9. Occupational licenses.
3		(a) The Board may issue an occupational license to an
4		applicant upon the payment of a non-refundable fee set by the
5		Board, upon a determination by the Board that the applicant is
6		eligible for an occupational license and upon payment of an
7		annual license fee in an amount to be established. To be
8		eligible for an occupational license, an applicant must:
9		(1) be at least 21 years of age if the applicant will
10		perform any function involved in gaming by patrons. Any
11		applicant seeking an occupational license for a non-gaming
12		function shall be at least 18 years of age;
13		(2) not have been convicted of a felony offense, a
14		violation of Article 28 of the Criminal Code of 1961, or a
15		similar statute of any other jurisdiction, or a crime
16		involving dishonesty or moral turpitude;
17		(3) have demonstrated a level of skill or knowledge
18		which the Board determines to be necessary in order to
19		operate gambling aboard a riverboat, in a casino, or at an
20		electronic gaming facility; and
21		(4) have met standards for the holding of an
22		occupational license as adopted by rules of the Board. Such
23		rules shall provide that any person or entity seeking an
24		occupational license to manage gambling operations
25		hereunder shall be subject to background inquiries and
26		further requirements similar to those required of
27		applicants for an owners license. Furthermore, such rules
28		shall provide that each such entity shall be permitted to
29		manage gambling operations for only one licensed owner.
30		(b) Each application for an occupational license shall be
31		on forms prescribed by the Board and shall contain all
32		information required by the Board. The applicant shall set
33		forth in the application: whether he has been issued prior

1		gambling related licenses; whether he has been licensed in any
2		other state under any other name, and, if so, such name and his
3		age; and whether or not a permit or license issued to him in
4		any other state has been suspended, restricted or revoked, and,
5		if so, for what period of time.
6		(c) Each applicant shall submit with his application, on
7		forms provided by the Board, 2 sets of his fingerprints. The
8		Board shall charge each applicant a fee set by the Department
9		of State Police to defray the costs associated with the search
10		and classification of fingerprints obtained by the Board with
11		respect to the applicant's application. These fees shall be
12		paid into the State Police Services Fund.
13		(d) The Board may in its discretion refuse an occupational
14		license to any person: (1) who is unqualified to perform the
15		duties required of such applicant; (2) who fails to disclose or
16		states falsely any information called for in the application;
17		(3) who has been found guilty of a violation of this Act or
18		whose prior gambling related license or application therefor
19		has been suspended, restricted, revoked or denied for just
20		cause in any other state; or (4) for any other just cause.
21		(e) The Board may suspend, revoke or restrict any
22		occupational licensee: (1) for violation of any provision of
23		this Act; (2) for violation of any of the rules and regulations
24		of the Board; (3) for any cause which, if known to the Board,
25		would have disqualified the applicant from receiving such
26		license; or (4) for default in the payment of any obligation or
27		debt due to the State of Illinois; or (5) for any other just
28		cause.
29		(f) A person who knowingly makes a false statement on an
30		application is guilty of a Class A misdemeanor.
31		(g) Any license issued pursuant to this Section shall be
32		valid for a period of one year from the date of issuance.
33		(h) Nothing in this Act shall be interpreted to prohibit a
34		licensed owner or electronic gaming licensee from entering into

1		an agreement with a school approved under the Private Business
2		and Vocational Schools Act for the training of any occupational
3		licensee. Any training offered by such a school shall be in
4		accordance with a written agreement between the licensed owner
5		or electronic gaming licensee and the school.
6		(i) Any training provided for occupational licensees may be
7		conducted either at the site of the gambling facility on the
8		riverboat or at a school with which a licensed owner or
9		electronic gaming licensee has entered into an agreement
10		pursuant to subsection (h).
11		(Source: P.A. 86-1029; 87-826.)
12		(230 ILCS 10/10) (from Ch. 120, par. 2410)
13		Sec. 10. Bond of licensee. Before an owners license, other
14		than the Authority's license, is issued or re-issued or a
15		managers license or casino operators license is issued, the
16		licensee shall post a bond in the sum of $200,000 to the State
17		of Illinois. The bond shall be used to guarantee that the
18		licensee faithfully makes the payments, keeps his books and
19		records and makes reports, and conducts his games of chance in
20		conformity with this Act and the rules adopted by the Board.
21		The bond shall not be canceled by a surety on less than 30 days
22		notice in writing to the Board. If a bond is canceled and the
23		licensee fails to file a new bond with the Board in the
24		required amount on or before the effective date of
25		cancellation, the licensee's license shall be revoked. The
26		total and aggregate liability of the surety on the bond is
27		limited to the amount specified in the bond.
28		(Source: P.A. 93-28, eff. 6-20-03.)
29		(230 ILCS 10/11) (from Ch. 120, par. 2411)
30		Sec. 11. Conduct of gambling. Gambling may be conducted by
31		licensed owners or licensed managers on behalf of the State or
32		by casino operators on behalf of the Authority aboard

1		riverboats or in a casino. If authorized by the Board by rule,
2		an owners licensee may move gaming positions a "temporary
3		facility" as that term is defined in Section 7(h-10) and use
4		those gaming positions to conduct gambling as provided in
5		Section 7(h-10). Gambling may be conducted by electronic gaming
6		licensees at electronic gaming facilities. Gambling authorized
7		under this Section shall be , subject to the following
8		standards:
9		(1) A licensee may conduct riverboat gambling
10		authorized under this Act regardless of whether it conducts
11		excursion cruises. A licensee may permit the continuous
12		ingress and egress of patrons passengers for the purpose of
13		gambling.
14		(2) (Blank).
15		(3) Minimum and maximum wagers on games shall be set by
16		the licensee.
17		(4) Agents of the Board and the Department of State
18		Police may board and inspect any riverboat or enter and
19		inspect any portion of a casino or an electronic gaming
20		facility at any time for the purpose of determining whether
21		this Act is being complied with. Every riverboat, if under
22		way and being hailed by a law enforcement officer or agent
23		of the Board, must stop immediately and lay to.
24		(5) Employees of the Board shall have the right to be
25		present on the riverboat or in the casino or on adjacent
26		facilities under the control of the licensee and at the
27		electronic gaming facility under the control of the
28		electronic gaming licensee.
29		(6) Gambling equipment and supplies customarily used
30		in conducting riverboat gambling, casino gambling, or
31		electronic gaming must be purchased or leased only from
32		suppliers licensed for such purpose under this Act.
33		(7) Persons licensed under this Act shall permit no
34		form of wagering on gambling games except as permitted by

1		this Act.
2		(8) Wagers may be received only from a person present
3		on a licensed riverboat, in a casino, or at an electronic
4		gaming facility. No person present on a licensed riverboat,
5		in a casino, or at an electronic gaming facility shall
6		place or attempt to place a wager on behalf of another
7		person who is not present on the riverboat, in the casino,
8		or at the electronic gaming facility.
9		(9) Wagering, including electronic gaming, shall not
10		be conducted with money or other negotiable currency.
11		(10) A person under age 21 shall not be permitted on an
12		area of a riverboat or casino where gambling is being
13		conducted or at an electronic gaming facility where
14		gambling is being conducted, except for a person at least
15		18 years of age who is an employee of the riverboat or
16		casino gambling operation or electronic gaming operation.
17		No employee under age 21 shall perform any function
18		involved in gambling by the patrons. No person under age 21
19		shall be permitted to make a wager under this Act.
20		(11) Gambling excursion cruises are permitted only
21		when the waterway for which the riverboat is licensed is
22		navigable, as determined by the Board in consultation with
23		the U.S. Army Corps of Engineers. This paragraph (11) does
24		not limit the ability of a licensee to conduct gambling
25		authorized under this Act when gambling excursion cruises
26		are not permitted.
27		(12) All tokens, chips or electronic cards used to make
28		wagers must be purchased (i) from a licensed owner or
29		manager, in the case of a riverboat or of a casino either
30		aboard the a riverboat or at the casino or, in the case of
31		a riverboat, at an onshore facility which has been approved
32		by the Board and which is located where the riverboat docks
33		or (ii) from an electronic gaming licensee at the
34		electronic gaming facility. The tokens, chips or

1		electronic cards may be purchased by means of an agreement
2		under which the owner or manager extends credit to the
3		patron. Such tokens, chips or electronic cards may be used
4		while aboard the riverboat, in the casino, or at the
5		electronic gaming facility only for the purpose of making
6		wagers on gambling games.
7		(13) Notwithstanding any other Section of this Act, in
8		addition to the other licenses authorized under this Act,
9		the Board may issue special event licenses allowing persons
10		who are not otherwise licensed to conduct riverboat
11		gambling to conduct such gambling on a specified date or
12		series of dates. Riverboat gambling under such a license
13		may take place on a riverboat not normally used for
14		riverboat gambling. The Board shall establish standards,
15		fees and fines for, and limitations upon, such licenses,
16		which may differ from the standards, fees, fines and
17		limitations otherwise applicable under this Act. All such
18		fees shall be deposited into the State Gaming Fund. All
19		such fines shall be deposited into the Education Assistance
20		Fund, created by Public Act 86-0018, of the State of
21		Illinois.
22		(14) In addition to the above, gambling must be
23		conducted in accordance with all rules adopted by the
24		Board.
25		(Source: P.A. 93-28, eff. 6-20-03.)
26		(230 ILCS 10/11.1) (from Ch. 120, par. 2411.1)
27		Sec. 11.1. Collection of amounts owing under credit
28		agreements. Notwithstanding any applicable statutory provision
29		to the contrary, a licensed owner, or manager, or electronic
30		gaming licensee who extends credit to a riverboat or casino
31		gambling patron or an electronic gaming patron pursuant to
32		Section 11 (a) (12) of this Act is expressly authorized to
33		institute a cause of action to collect any amounts due and

1		owing under the extension of credit, as well as the owner's or
2		manager's costs, expenses and reasonable attorney's fees
3		incurred in collection.
4		(Source: P.A. 93-28, eff. 6-20-03.)
5		(230 ILCS 10/12) (from Ch. 120, par. 2412)
6		Sec. 12. Admission tax; fees.
7		(a) A tax is hereby imposed upon admissions to riverboats
8		operated by licensed owners and upon admissions to casinos and
9		riverboats operated by casino operators on behalf of the
10		Authority authorized pursuant to this Act. Until July 1, 2002,
11		the rate is $2 per person admitted. From July 1, 2002 and until
12		July 1, 2003, the rate is $3 per person admitted. From
13		Beginning July 1, 2003 until the effective date of this
14		amendatory Act of the 93rd General Assembly, for a licensee
15		that admitted 1,000,000 persons or fewer in the previous
16		calendar year, the rate is $3 per person admitted; for a
17		licensee that admitted more than 1,000,000 but no more than
18		2,300,000 persons in the previous calendar year, the rate is $4
19		per person admitted; and for a licensee that admitted more than
20		2,300,000 persons in the previous calendar year, the rate is $5
21		per person admitted. Beginning on the effective date of this
22		amendatory Act of the 93rd General Assembly, for a licensee
23		that conducted riverboat gambling operations in calendar year
24		2003 and admitted 1,000,000 persons or fewer in the calendar
25		year 2003, the rate is $1 per person admitted and for all other
26		licensees, including the Authority, the rate is $3 per person
27		admitted. Beginning July 1, 2003, for a licensee that admitted
28		2,300,000 persons or fewer in the previous calendar year, the
29		rate is $4 per person admitted and for a licensee that admitted
30		more than 2,300,000 persons in the previous calendar year, the
31		rate is $5 per person admitted. This admission tax is imposed
32		upon the licensed owner conducting gambling.
33		(1) The admission tax shall be paid for each admission,

1		except that a person who exits a riverboat gambling
2		facility or a casino and reenters that riverboat gambling
3		facility or casino within the same gaming day, as the term
4		"gaming day" is defined by the Board by rule, shall be
5		subject only to the initial admission tax. The Board shall
6		establish, by rule, a procedure to determine whether a
7		person admitted to a riverboat gambling facility or casino
8		has paid the admission tax.
9		(2) (Blank).
10		(3) The riverboat licensee and the Authority may issue
11		tax-free passes to actual and necessary officials and
12		employees of the licensee or other persons actually working
13		on the riverboat or in the casino.
14		(4) The number and issuance of tax-free passes is
15		subject to the rules of the Board, and a list of all
16		persons to whom the tax-free passes are issued shall be
17		filed with the Board.
18		(a-5) A fee is hereby imposed upon admissions operated by
19		licensed managers on behalf of the State pursuant to Section
20		7.3 at the rates provided in this subsection (a-5). For a
21		licensee that admitted 1,000,000 persons or fewer in the
22		previous calendar year, the rate is $3 per person admitted; for
23		a licensee that admitted more than 1,000,000 but no more than
24		2,300,000 persons in the previous calendar year, the rate is $4
25		per person admitted; and for a licensee that admitted more than
26		2,300,000 persons in the previous calendar year, the rate is $5
27		per person admitted.
28		(1) The admission fee shall be paid for each admission.
29		(2) (Blank).
30		(3) The licensed manager may issue fee-free passes to
31		actual and necessary officials and employees of the manager
32		or other persons actually working on the riverboat.
33		(4) The number and issuance of fee-free passes is
34		subject to the rules of the Board, and a list of all

1		persons to whom the fee-free passes are issued shall be
2		filed with the Board.
3		(b) From the tax imposed under subsection (a) and the fee
4		imposed under subsection (a-5), a municipality shall receive
5		from the State $1 for each person embarking on a riverboat
6		docked within the municipality or entering a casino located
7		within the municipality, and a county shall receive $1 for each
8		person entering a casino or embarking on a riverboat docked
9		within the county but outside the boundaries of any
10		municipality. The municipality's or county's share shall be
11		collected by the Board on behalf of the State and remitted
12		quarterly by the State, subject to appropriation, to the
13		treasurer of the unit of local government for deposit in the
14		general fund. For each admission in excess of 1,500,000 in a
15		year, from the tax imposed under this Section, the county in
16		which the licensee's home dock or casino is located shall
17		receive, subject to appropriation, $0.15, which shall be in
18		addition to any other moneys paid to the county under this
19		Section, $0.20 shall be paid into the Agricultural Premium
20		Fund, and $0.15 shall be paid from the State Gaming Fund,
21		subject to appropriation, into the Illinois Community Services
22		Block Grant Fund.
23		(c) The licensed owner and the licensed casino operator
24		conducting gambling operations on behalf of the Authority shall
25		pay the entire admission tax to the Board and the licensed
26		manager shall pay the entire admission fee to the Board. Such
27		payments shall be made daily. Accompanying each payment shall
28		be a return on forms provided by the Board which shall include
29		other information regarding admissions as the Board may
30		require. Failure to submit either the payment or the return
31		within the specified time may result in suspension or
32		revocation of the owners or managers license.
33		(c-5) In addition to the admission tax imposed under
34		subsection (a) and the admission fee imposed under subsection

1		(a-5), a tax is imposed on admissions to electronic gaming
2		facilities at the rate of $2 per person for the first 1,500,000
3		persons admitted by an electronic gaming licensee per year and
4		$3 per person for all persons admitted by that licensee in
5		excess of 1,500,000 per year. The tax is imposed upon the
6		electronic gaming licensee.
7		(1) The admission tax shall be paid for each admission,
8		except that a person who exits an electronic gaming
9		facility and reenters that electronic gaming facility
10		within the same gaming day, as the term "gaming day" is
11		defined by the Board by rule, shall be subject only to the
12		initial admission tax. The Board shall establish, by rule,
13		a procedure to determine whether a person admitted to an
14		electronic gaming facility has paid the admission tax.
15		(2) An electronic gaming licensee may issue tax-free
16		passes to actual and necessary officials and employees of
17		the licensee and other persons associated with electronic
18		gaming operations.
19		(3) The number and issuance of tax-free passes is
20		subject to the rules of the Board, and a list of all
21		persons to whom the tax-free passes are issued shall be
22		filed with the Board.
23		(4) The electronic gaming licensee shall pay the entire
24		admission tax to the Board. Such payments shall be made
25		daily. Accompanying each payment shall be a return on forms
26		provided by the Board, which shall include other
27		information regarding admission as the Board may require.
28		Failure to submit either the payment or the return within
29		the specified time may result in suspension or revocation
30		of the organization licensee's license.
31		From the tax imposed under this subsection (c-5), the
32		municipality in which an electronic gaming facility is located
33		or, if the electronic gaming facility is not located within a
34		municipality, the county in which the electronic gaming

1		facility is located shall receive, subject to appropriation, $1
2		for each person who enters the electronic gaming facility. For
3		each admission to the electronic gaming facility in excess of
4		1,500,000 in a year, from the tax imposed under this subsection
5		(c-5), the county in which the electronic gaming facility is
6		located shall receive, subject to appropriation, $0.15, which
7		shall be in addition to any other moneys paid to the county
8		under this Section, $0.20 shall be paid into the Agricultural
9		Premium Fund, and $0.15 shall be paid from the State Gaming
10		Fund, subject to appropriation, into the Illinois Community
11		Services Block Grant Fund.
12		(d) The Board shall administer and collect the admission
13		tax imposed by this Section, to the extent practicable, in a
14		manner consistent with the provisions of Sections 4, 5, 5a, 5b,
15		5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9 and 10 of the
16		Retailers' Occupation Tax Act and Section 3-7 of the Uniform
17		Penalty and Interest Act.
18		(Source: P.A. 92-595, eff. 6-28-02; 93-27, eff. 6-20-03; 93-28,
19		eff. 6-20-03; revised 8-1-03.)
20		(230 ILCS 10/13) (from Ch. 120, par. 2413)
21		Sec. 13. Wagering tax; rate; distribution.
22		(a) Until January 1, 1998, a tax is imposed on the adjusted
23		gross gaming receipts received from gambling games authorized
24		under this Act at the rate of 20%.
25		(a-1) From January 1, 1998 until July 1, 2002, a privilege
26		tax is imposed on persons engaged in the business of conducting
27		riverboat gambling operations, based on the adjusted gross
28		gaming receipts received by a licensed owner from gambling
29		games authorized under this Act at the following rates:
30		15% of annual adjusted gross gaming receipts up to and
31		including $25,000,000;
32		20% of annual adjusted gross gaming receipts in excess
33		of $25,000,000 but not exceeding $50,000,000;

1		25% of annual adjusted gross gaming receipts in excess
2		of $50,000,000 but not exceeding $75,000,000;
3		30% of annual adjusted gross gaming receipts in excess
4		of $75,000,000 but not exceeding $100,000,000;
5		35% of annual adjusted gross gaming receipts in excess
6		of $100,000,000.
7		(a-2) From July 1, 2002 until July 1, 2003, a privilege tax
8		is imposed on persons engaged in the business of conducting
9		riverboat gambling operations, other than licensed managers
10		conducting riverboat gambling operations on behalf of the
11		State, based on the adjusted gross gaming receipts received by
12		a licensed owner from gambling games authorized under this Act
13		at the following rates:
14		15% of annual adjusted gross gaming receipts up to and
15		including $25,000,000;
16		22.5% of annual adjusted gross gaming receipts in
17		excess of $25,000,000 but not exceeding $50,000,000;
18		27.5% of annual adjusted gross gaming receipts in
19		excess of $50,000,000 but not exceeding $75,000,000;
20		32.5% of annual adjusted gross gaming receipts in
21		excess of $75,000,000 but not exceeding $100,000,000;
22		37.5% of annual adjusted gross gaming receipts in
23		excess of $100,000,000 but not exceeding $150,000,000;
24		45% of annual adjusted gross gaming receipts in excess
25		of $150,000,000 but not exceeding $200,000,000;
26		50% of annual adjusted gross gaming receipts in excess
27		of $200,000,000.
28		(a-3) Beginning July 1, 2003, a privilege tax is imposed on
29		persons engaged in the business of conducting riverboat
30		gambling operations (other than licensed managers conducting
31		riverboat gambling operations on behalf of the State) and on
32		the Authority, based on the adjusted gross gaming receipts
33		received by a licensed owner or by the Authority from gambling
34		games authorized under this Act at the following rates:

1		15% of annual adjusted gross gaming receipts up to and
2		including $25,000,000;
3		27.5% of annual adjusted gross gaming receipts in
4		excess of $25,000,000 but not exceeding $37,500,000;
5		32.5% of annual adjusted gross gaming receipts in
6		excess of $37,500,000 but not exceeding $50,000,000;
7		37.5% of annual adjusted gross gaming receipts in
8		excess of $50,000,000 but not exceeding $75,000,000;
9		45% of annual adjusted gross gaming receipts in excess
10		of $75,000,000 but not exceeding $100,000,000;
11		50% of annual adjusted gross gaming receipts in excess
12		of $100,000,000 but not exceeding $250,000,000;
13		70% of annual adjusted gross gaming receipts in excess
14		of $250,000,000.
15		An amount equal to the amount of wagering taxes collected
16		under this subsection (a-3) that are in addition to the amount
17		of wagering taxes that would have been collected if the
18		wagering tax rates under subsection (a-2) were in effect shall
19		be paid into the Common School Fund.
20		The privilege tax imposed under this subsection (a-3) shall
21		no longer be imposed beginning on the earliest earlier of (i)
22		July 1, 2005; (ii) the first date after June 20, 2003 the
23		effective date of this amendatory Act of the 93rd General
24		Assembly that riverboat gambling operations are conducted
25		pursuant to a dormant license; or (iii) the first day that
26		riverboat gambling operations are conducted under the
27		authority of an owners license that is in addition to the 10
28		owners licenses initially authorized under this Act; or (iv)
29		the effective date of this amendatory Act of the 93rd General
30		Assembly. For the purposes of this subsection (a-3), the term
31		"dormant license" means an owners license that is authorized by
32		this Act under which no riverboat gambling operations are being
33		conducted on June 20, 2003 the effective date of this
34		amendatory Act of the 93rd General Assembly.

1		(a-4) Beginning on the first day on which the tax imposed
2		under subsection (a-3) is no longer imposed, a privilege tax is
3		imposed on persons engaged in the business of conducting
4		riverboat gambling operations (other than licensed managers
5		conducting riverboat gambling operations on behalf of the
6		State) and on the Authority, based on the adjusted gross gaming
7		receipts received by a licensed owner or by the Authority from
8		gambling games authorized under this Act at the following
9		rates:
10		15% of annual adjusted gross gaming receipts up to and
11		including $25,000,000;
12		22.5% of annual adjusted gross gaming receipts in
13		excess of $25,000,000 but not exceeding $50,000,000;
14		27.5% of annual adjusted gross gaming receipts in
15		excess of $50,000,000 but not exceeding $75,000,000;
16		32.5% of annual adjusted gross gaming receipts in
17		excess of $75,000,000 but not exceeding $100,000,000;
18		37.5% of annual adjusted gross gaming receipts in
19		excess of $100,000,000 but not exceeding $150,000,000;
20		45% of annual adjusted gross gaming receipts in excess
21		of $150,000,000 but not exceeding $200,000,000;
22		50% of annual adjusted gross gaming receipts in excess
23		of $200,000,000.
24		(a-5) Beginning on the effective date of this amendatory
25		Act of the 93rd General Assembly, a privilege tax is imposed on
26		persons conducting electronic gaming, based on the gross gaming
27		receipts received by an electronic gaming licensee from
28		electronic gaming authorized under this Act at the following
29		rates:
30		15% of annual gross gaming receipts up to and including
31		$25,000,000;
32		22.5% of annual gross gaming receipts in excess of
33		$25,000,000 but not exceeding $50,000,000;
34		27.5% of annual gross gaming receipts in excess of

1		$50,000,000 but not exceeding $75,000,000;
2		32.5% of annual gross gaming receipts in excess of
3		$75,000,000 but not exceeding $100,000,000;
4		37.5% of annual gross gaming receipts in excess of
5		$100,000,000 but not exceeding $150,000,000;
6		45% of annual gross gaming receipts in excess of
7		$150,000,000 but not exceeding $200,000,000;
8		50% of annual gross gaming receipts in excess of
9		$200,000,000.
10		(a-8) Riverboat gambling operations conducted by a
11		licensed manager on behalf of the State are not subject to the
12		tax imposed under this Section.
13		(a-10) The taxes imposed by this Section shall be paid by
14		the licensed owner, or by the casino operator on behalf of the
15		Authority in the case of a license issued to the Authority, or
16		the electronic gaming licensee to the Board not later than 5:00
17		o'clock p.m. 3:00 o'clock p.m. of the day after the day when
18		the wagers were made.
19		(b) Until January 1, 1998, 25% of the tax revenue deposited
20		in the State Gaming Fund under this Section shall be paid,
21		subject to appropriation by the General Assembly, to the unit
22		of local government which is designated as the home dock of the
23		riverboat. Except as otherwise provided in this subsection (b),
24		beginning Beginning January 1, 1998, from the tax revenue from
25		riverboat and casino gambling deposited in the State Gaming
26		Fund under this Section, an amount equal to 5% of adjusted
27		gross gaming receipts generated by a riverboat and an amount
28		equal to 5% of gross gaming receipts generated by a casino
29		shall be paid monthly, subject to appropriation by the General
30		Assembly, to the unit of local government that is designated as
31		the home dock of the riverboat or to the municipality in which
32		the casino is located. From the tax revenue deposited in the
33		State Gaming Fund pursuant to riverboat gambling operations
34		conducted by a licensed manager on behalf of the State, an

1		amount equal to 5% of adjusted gross gaming receipts generated
2		pursuant to those riverboat gambling operations shall be paid
3		monthly, subject to appropriation by the General Assembly, to
4		the unit of local government that is designated as the home
5		dock of the riverboat upon which those riverboat gambling
6		operations are conducted.
7		(b-5) Beginning on the effective date of this amendatory
8		Act of the 93rd General Assembly, from the tax revenue from
9		electronic gaming deposited into the State Gaming Fund under
10		this Section, an amount equal to 5% of the gross gaming
11		receipts generated by an electronic gaming licensee shall be
12		paid monthly, subject to appropriation, to the municipality in
13		which the electronic gaming facility is located. If an
14		electronic gaming facility is not located within a
15		municipality, then an amount equal to 5% of the gross gaming
16		receipts generated by the electronic gaming licensee shall be
17		paid monthly, subject to appropriation, to the county in which
18		the electronic gaming facility is located.
19		(b-10) Beginning on the effective date of this amendatory
20		Act of the 93rd General Assembly, from the tax revenue from
21		electronic gaming deposited into the State Gaming Fund under
22		this Section, an amount equal to 1% of the gross gaming
23		receipts generated by electronic gaming licensees, but in no
24		event more than $25,000,000 in any year, shall be paid monthly,
25		subject to appropriation, from the State Gaming Fund into the
26		Illinois Community Services Block Grant Fund.
27		(b-12) Beginning on the effective date of this amendatory
28		Act of the 93rd General Assembly, from the tax revenue from
29		electronic gaming deposited into the State Gaming Fund under
30		this Section, an amount equal to 1% of the gross gaming
31		receipts generated by electronic gaming licensees, but in no
32		event more than $25,000,000 in any year, shall be paid monthly,
33		subject to appropriation, from the State Gaming Fund into the
34		School Infrastructure Fund.

1		(b-15) Beginning on the effective date of this amendatory
2		Act of the 93rd General Assembly, after the payments required
3		under subsections (b), (b-5), (b-10), and (b-12) have been
4		made, the next $5,000,000 of tax revenue derived each year from
5		electronic gaming shall be paid from the State Gaming Fund into
6		the Compulsive Gambling Prevention Fund, which is hereby
7		created as a special fund in the State treasury. Moneys in the
8		Compulsive Gambling Prevention Fund shall be used, subject to
9		appropriation, by the Department of Human Services as provided
10		in this subsection (b-15). Of the money allocated to the
11		Department of Human Services under this subsection (b-15), 50%
12		shall be used for compulsive gambling programs under Section
13		5-20 of the Alcoholism and Other Drug Abuse and Dependency Act
14		and 50% shall be used by the Department of Human Service for
15		other social service programs and grants.
16		(c) Appropriations, as approved by the General Assembly,
17		may be made from the State Gaming Fund to the Department of
18		Revenue and the Department of State Police for the
19		administration and enforcement of this Act, or to the
20		Department of Human Services for the administration of programs
21		to treat problem gambling.
22		(c-5) (Blank). After the payments required under
23		subsections (b)and (c) have been made, an amount equal to 15%
24		of the adjusted gross receipts of (1) an owners licensee that
25		relocates pursuant to Section 11.2, (2) an owners licensee
26		license conducting riverboat gambling operations pursuant to
27		an owners license that is initially issued after June 25, 1999,
28		or (3) the first riverboat gambling operations conducted by a
29		licensed manager on behalf of the State under Section 7.3 7.2,
30		whichever comes first, shall be paid from the State Gaming Fund
31		into the Horse Racing Equity Fund.
32		(c-10) (Blank). Each year the General Assembly shall
33		appropriate from the General Revenue Fund to the Education
34		Assistance Fund an amount equal to the amount paid into the

1		Horse Racing Equity Fund pursuant to subsection (c-5) in the
2		prior calendar year.
3		(c-15) After the payments required under subsections (b),
4		(b-5), (b-10), (b-12), (b-15), and (c), and (c-5) have been
5		made, an amount equal to 2% of the adjusted gross gaming
6		receipts of each (1) an owners licensee that relocates pursuant
7		to Section 11.2, (2) an owners licensee license conducting
8		riverboat gambling operations from a home dock that is located
9		within a home rule county with a population of over 3,000,000
10		inhabitants pursuant to an owners license that is initially
11		issued after June 25, 1999, or 2 (3) the first riverboat
12		gambling operations conducted by a licensed manager on behalf
13		of the State under Section 7.3 7.2, whichever comes first,
14		shall be paid, subject to appropriation from the General
15		Assembly, from the State Gaming Fund to that county each home
16		rule county with a population of over 3,000,000 inhabitants for
17		the purpose of enhancing the county's criminal justice system.
18		(c-20) Each year the General Assembly shall appropriate
19		from the General Revenue Fund to the Education Assistance Fund
20		an amount equal to the amount paid to each home rule county
21		with a population of over 3,000,000 inhabitants pursuant to
22		subsection (c-15) in the prior calendar year.
23		(c-25) After the payments required under subsections (b),
24		(b-5), (b-10), (b-12), (b-15), (c), (c-5) and (c-15) have been
25		made, an amount equal to 2% of the adjusted gross gaming
26		receipts of (1) each an owners licensee license that relocates
27		pursuant to Section 11.2 and , (2) each an owners licensee
28		license conducting riverboat gambling operations pursuant to
29		an owners license that is initially issued after June 25, 1999,
30		or (3) the first riverboat gambling operations conducted by a
31		licensed manager on behalf of the State under Section 7.3 7.2,
32		whichever comes first, shall be paid from the State Gaming Fund
33		to Chicago State University.
34		(c-30) After the payments required under subsections (b),

1		(b-5), (b-10), (b-12), (b-15), (c), (c-15), and (c-25) have
2		been made, an aggregate amount equal to 2% of the gross gaming
3		receipts of owners licensees, but in no event more than
4		$50,000,000 in any year, shall be paid monthly, subject to
5		appropriation by the General Assembly, from the State Gaming
6		Fund into the School Infrastructure Fund for the purpose of
7		funding school construction program grants.
8		(c-35) After the payments required under subsections (b),
9		(b-5), (b-10), (b-12), (b-15), (c), (c-15), (c-25), and (c-30)
10		have been made, an amount equal to 1% of the gross gaming
11		receipts of an owners licensee that docks on the Mississippi
12		River, the Illinois River, or the Ohio River shall be paid,
13		subject to appropriation by the General Assembly, from the
14		State Gaming Fund to qualifying municipalities within 50 miles
15		of the home dock of the riverboat. The amount paid under this
16		subsection (c-35) to each qualifying municipality shall be
17		based on the proportion that the number of persons living at or
18		below the poverty level in the qualifying municipality bears to
19		the total number of persons living at or below the poverty
20		level in qualifying municipalities that are within 50 miles of
21		the owners licensee's home dock. If 2 or more owners licensees
22		that dock on the Mississippi River, the Illinois River, or the
23		Ohio River are within 50 miles of each other, payments required
24		under this subsection (c-35) from the gross gaming receipts of
25		those owners licensees shall be commingled and paid to
26		qualifying municipalities that are within 50 miles of at least
27		one of those owners licensee's home docks. For the purposes of
28		this subsection (c-35), the term "qualifying municipality"
29		means a municipality, other than a municipality in which a
30		riverboat docks, in which the poverty rate as determined by
31		using the most recent data released by the United States Census
32		Bureau is at least 3% greater than the State poverty rate as
33		determined by using the most recent data released by the United
34		States Census Bureau.

1		(c-40) After the payments required under subsections (b),
2		(b-5), (b-10), (b-12), (b-15), (c), (c-15), (c-25), (c-30), and
3		(c-35) have been made, an amount equal to 1% of the gross
4		gaming receipts of an owners licensee that (i) docks on the Fox
5		River or the Des Plaines River or (ii) is authorized under
6		subsection (e-5) of Section 7, shall be paid, subject to
7		appropriation by the General Assembly, from the State Gaming
8		Fund to qualifying municipalities within 20 miles of the home
9		dock of the riverboat. The amount paid under this subsection
10		(c-40) to each qualifying municipality shall based on the
11		proportion that the number of persons living at or below the
12		poverty level in the qualifying municipality bears to the total
13		number of persons living at or below the poverty level in
14		qualifying municipalities that are within 20 miles of the
15		owners licensee's home dock. If the home docks of 2 or more
16		owners licensees that (i) dock on the Fox River or the Des
17		Plaines River or (ii) are authorized under subsection (e-5) of
18		Section 7 are within 20 miles of each other, payments required
19		under this subsection (c-40) from the gross gaming receipts of
20		those owners licensees shall be commingled and paid to
21		qualifying municipalities that are within 20 miles of at least
22		one of those owners licensee's home docks. For the purposes of
23		this subsection (c-40), the term "qualifying municipality"
24		means a municipality, other than the City of Chicago or a
25		municipality in which a riverboat docks, in which the poverty
26		rate as determined by using the most recent data released by
27		the United States Census Bureau is at least 3% greater than the
28		State poverty rate as determined by using the most recent data
29		released by the United States Census Bureau.
30		(c-45) After the payments required under subsections (b),
31		(b-5), (b-10), (b-12), (b-15), (c), (c-15), (c-25), (c-30),
32		(c-35), and (c-40) have been made, an amount equal to 0.015% of
33		the gross gaming receipts of each owners licensee, other than
34		the Authority, shall be paid, subject to appropriation by the

1		General Assembly, from the State Gaming Fund to the Department
2		of Human Services for the purpose of making grants to special
3		recreation associations for the operation of recreational
4		programs for the handicapped under Section 10-35 of the
5		Department of Human Services Act.
6		(d) From time to time, the Board shall transfer the
7		remainder of the funds generated by this Act into the Education
8		Assistance Fund, created by Public Act 86-0018, of the State of
9		Illinois.
10		(e) Nothing in this Act shall prohibit the unit of local
11		government designated as the home dock of the riverboat, or the
12		municipality in which the casino is located, from entering into
13		agreements with other units of local government in this State
14		or in other states to share its portion of the tax revenue.
15		(f) To the extent practicable, the Board shall administer
16		and collect the wagering taxes imposed by this Section in a
17		manner consistent with the provisions of Sections 4, 5, 5a, 5b,
18		5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, and 10 of the
19		Retailers' Occupation Tax Act and Section 3-7 of the Uniform
20		Penalty and Interest Act.
21		(Source: P.A. 92-595, eff. 6-28-02; 93-27, eff. 6-20-03; 93-28,
22		eff. 6-20-03; revised 1-28-04.)
23		(230 ILCS 10/14) (from Ch. 120, par. 2414)
24		Sec. 14. Licensees - Records - Reports - Supervision.
25		(a) A Licensed owners, including the Authority, and
26		electronic gaming licensees owner shall keep their his books
27		and records so as to clearly show the following:
28		(1) The amount received daily from admission fees.
29		(2) The total amount of whole gaming gross receipts.
30		(3) The total amount of the adjusted gross gaming receipts.
31		(b) The Licensed owners, including the Authority, and
32		electronic gaming licensees owner shall furnish to the Board
33		reports and information as the Board may require with respect

1		to its activities on forms designed and supplied for such
2		purpose by the Board.
3		(c) The books and records kept by a licensed owner or
4		electronic gaming licensee as provided by this Section are
5		public records and the examination, publication, and
6		dissemination of the books and records are governed by the
7		provisions of The Freedom of Information Act.
8		(Source: P.A. 86-1029.)
9		(230 ILCS 10/18) (from Ch. 120, par. 2418)
10		Sec. 18. Prohibited Activities - Penalty.
11		(a) A person is guilty of a Class A misdemeanor for doing
12		any of the following:
13		(1) Conducting gambling where wagering is used or to be
14		used without a license issued by the Board.
15		(2) Conducting gambling where wagering is permitted
16		other than in the manner specified by Section 11.
17		(b) A person is guilty of a Class B misdemeanor for doing
18		any of the following:
19		(1) permitting a person under 21 years to make a wager;
20		or
21		(2) violating paragraph (12) of subsection (a) of
22		Section 11 of this Act.
23		(c) A person wagering or accepting a wager at any location
24		outside the riverboat, casino, or electronic gaming facility in
25		violation of paragraph is subject to the penalties in
26		paragraphs (1) or (2) of subsection (a) of Section 28-1 of the
27		Criminal Code of 1961 is subject to the penalties provided in
28		that Section.
29		(d) A person commits a Class 4 felony and, in addition,
30		shall be barred for life from gambling operations riverboats
31		under the jurisdiction of the Board, if the person does any of
32		the following:
33		(1) Offers, promises, or gives anything of value or

1		benefit to a person who is connected with a riverboat or
2		casino owner or electronic gaming licensee including, but
3		not limited to, an officer or employee of a licensed owner
4		or electronic gaming licensee or holder of an occupational
5		license pursuant to an agreement or arrangement or with the
6		intent that the promise or thing of value or benefit will
7		influence the actions of the person to whom the offer,
8		promise, or gift was made in order to affect or attempt to
9		affect the outcome of a gambling game, or to influence
10		official action of a member of the Board.
11		(2) Solicits or knowingly accepts or receives a promise
12		of anything of value or benefit while the person is
13		connected with a riverboat, casino, or electronic gaming
14		facility, including, but not limited to, an officer or
15		employee of a licensed owner or electronic gaming licensee,
16		or the holder of an occupational license, pursuant to an
17		understanding or arrangement or with the intent that the
18		promise or thing of value or benefit will influence the
19		actions of the person to affect or attempt to affect the
20		outcome of a gambling game, or to influence official action
21		of a member of the Board.
22		(3) Uses or possesses with the intent to use a device
23		to assist:
24		(i) In projecting the outcome of the game.
25		(ii) In keeping track of the cards played.
26		(iii) In analyzing the probability of the
27		occurrence of an event relating to the gambling game.
28		(iv) In analyzing the strategy for playing or
29		betting to be used in the game except as permitted by
30		the Board.
31		(4) Cheats at a gambling game.
32		(5) Manufactures, sells, or distributes any cards,
33		chips, dice, game or device which is intended to be used to
34		violate any provision of this Act.

1		(6) Alters or misrepresents the outcome of a gambling
2		game on which wagers have been made after the outcome is
3		made sure but before it is revealed to the players.
4		(7) Places a bet after acquiring knowledge, not
5		available to all players, of the outcome of the gambling
6		game which is subject of the bet or to aid a person in
7		acquiring the knowledge for the purpose of placing a bet
8		contingent on that outcome.
9		(8) Claims, collects, or takes, or attempts to claim,
10		collect, or take, money or anything of value in or from the
11		gambling games, with intent to defraud, without having made
12		a wager contingent on winning a gambling game, or claims,
13		collects, or takes an amount of money or thing of value of
14		greater value than the amount won.
15		(9) Uses counterfeit chips or tokens in a gambling
16		game.
17		(10) Possesses any key or device designed for the
18		purpose of opening, entering, or affecting the operation of
19		a gambling game, drop box, or an electronic or mechanical
20		device connected with the gambling game or for removing
21		coins, tokens, chips or other contents of a gambling game.
22		This paragraph (10) does not apply to a gambling licensee
23		or employee of a gambling licensee acting in furtherance of
24		the employee's employment.
25		(e) The possession of more than one of the devices
26		described in subsection (d), paragraphs (3), (5) or (10)
27		permits a rebuttable presumption that the possessor intended to
28		use the devices for cheating.
29		An action to prosecute any crime occurring on a riverboat
30		or in a casino shall be tried in the county of the dock at which
31		the riverboat is based or in the county in which the casino is
32		located.
33		(Source: P.A. 91-40, eff. 6-25-99.)

1		(230 ILCS 10/19) (from Ch. 120, par. 2419)
2		Sec. 19. Forfeiture of property.
3		(a) Except as provided in subsection (b), any riverboat or
4		electronic gaming facility used for the conduct of gambling
5		games in violation of this Act shall be considered a gambling
6		place in violation of Section 28-3 of the Criminal Code of
7		1961, as now or hereafter amended. Every gambling device found
8		on a riverboat or at an electronic gaming facility operating
9		gambling games in violation of this Act and every slot machine
10		and video game of chance found at an electronic gaming facility
11		operating gambling games in violation of this Act shall be
12		subject to seizure, confiscation and destruction as provided in
13		Section 28-5 of the Criminal Code of 1961, as now or hereafter
14		amended.
15		(b) It is not a violation of this Act for a riverboat or
16		other watercraft which is licensed for gaming by a contiguous
17		state to dock on the shores of this State if the municipality
18		having jurisdiction of the shores, or the county in the case of
19		unincorporated areas, has granted permission for docking and no
20		gaming is conducted on the riverboat or other watercraft while
21		it is docked on the shores of this State. No gambling device
22		shall be subject to seizure, confiscation or destruction if the
23		gambling device is located on a riverboat or other watercraft
24		which is licensed for gaming by a contiguous state and which is
25		docked on the shores of this State if the municipality having
26		jurisdiction of the shores, or the county in the case of
27		unincorporated areas, has granted permission for docking and no
28		gaming is conducted on the riverboat or other watercraft while
29		it is docked on the shores of this State.
30		(Source: P.A. 86-1029.)
31		(230 ILCS 10/20) (from Ch. 120, par. 2420)
32		Sec. 20. Prohibited activities - civil penalties. Any
33		person who conducts a gambling operation without first

1		obtaining a license to do so, or who continues to conduct such
2		games after revocation of his license, or any licensee who
3		conducts or allows to be conducted any unauthorized gambling
4		games on a riverboat, in a casino, or at an electronic gaming
5		facility where it is authorized to conduct its riverboat
6		gambling operation, in addition to other penalties provided,
7		shall be subject to a civil penalty equal to the amount of
8		whole gaming gross receipts derived from wagering on the
9		gambling games, whether unauthorized or authorized, conducted
10		on that day as well as confiscation and forfeiture of all
11		gambling game equipment used in the conduct of unauthorized
12		gambling games.
13		(Source: P.A. 86-1029.)
14		(230 ILCS 10/23) (from Ch. 120, par. 2423)
15		Sec. 23. The State Gaming Fund. On or after the effective
16		date of this Act, all of the fees and taxes collected pursuant
17		to subsections of this Act shall be deposited into the State
18		Gaming Fund, a special fund in the State Treasury, which is
19		hereby created. The adjusted gross gaming receipts of any
20		riverboat gambling operations conducted by a licensed manager
21		on behalf of the State remaining after the payment of the fees
22		and expenses of the licensed manager shall be deposited into
23		the State Gaming Fund. Fines and penalties collected pursuant
24		to this Act shall be deposited into the Education Assistance
25		Fund, created by Public Act 86-0018, of the State of Illinois.
26		(Source: P.A. 93-28, eff. 6-20-03.)

27		Section 935. The Liquor Control Act of 1934 is amended by
28		changing Sections 5-1 and 6-30 as follows:
29		(235 ILCS 5/5-1) (from Ch. 43, par. 115)
30		Sec. 5-1. Licenses issued by the Illinois Liquor Control
31		Commission shall be of the following classes:

1		(a) Manufacturer's license - Class 1. Distiller, Class 2.
2		Rectifier, Class 3. Brewer, Class 4. First Class Wine
3		Manufacturer, Class 5. Second Class Wine Manufacturer, Class 6.
4		First Class Winemaker, Class 7. Second Class Winemaker, Class
5		8. Limited Wine Manufacturer,
6		(b) Distributor's license,
7		(c) Importing Distributor's license,
8		(d) Retailer's license,
9		(e) Special Event Retailer's license (not-for-profit),
10		(f) Railroad license,
11		(g) Boat license,
12		(h) Non-Beverage User's license,
13		(i) Wine-maker's premises license,
14		(j) Airplane license,
15		(k) Foreign importer's license,
16		(l) Broker's license,
17		(m) Non-resident dealer's license,
18		(n) Brew Pub license,
19		(o) Auction liquor license,
20		(p) Caterer retailer license,
21		(q) Special use permit license.
22		No person, firm, partnership, corporation, or other legal
23		business entity that is engaged in the manufacturing of wine
24		may concurrently obtain and hold a wine-maker's license and a
25		wine manufacturer's license.
26		(a) A manufacturer's license shall allow the manufacture,
27		importation in bulk, storage, distribution and sale of
28		alcoholic liquor to persons without the State, as may be
29		permitted by law and to licensees in this State as follows:
30		Class 1. A Distiller may make sales and deliveries of
31		alcoholic liquor to distillers, rectifiers, importing
32		distributors, distributors and non-beverage users and to no
33		other licensees.
34		Class 2. A Rectifier, who is not a distiller, as defined

1		herein, may make sales and deliveries of alcoholic liquor to
2		rectifiers, importing distributors, distributors, retailers
3		and non-beverage users and to no other licensees.
4		Class 3. A Brewer may make sales and deliveries of beer to
5		importing distributors, distributors, and to non-licensees,
6		and to retailers provided the brewer obtains an importing
7		distributor's license or distributor's license in accordance
8		with the provisions of this Act.
9		Class 4. A first class wine-manufacturer may make sales and
10		deliveries of up to 50,000 gallons of wine to manufacturers,
11		importing distributors and distributors, and to no other
12		licensees.
13		Class 5. A second class Wine manufacturer may make sales
14		and deliveries of more than 50,000 gallons of wine to
15		manufacturers, importing distributors and distributors and to
16		no other licensees.
17		Class 6. A first-class wine-maker's license shall allow the
18		manufacture of up to 50,000 gallons of wine per year, and the
19		storage and sale of such wine to distributors in the State and
20		to persons without the State, as may be permitted by law. A
21		first-class wine-maker's license shall allow the sale of no
22		more than 5,000 gallons of the licensee's wine to retailers.
23		The State Commission shall issue only one first-class
24		wine-maker's license to any person, firm, partnership,
25		corporation, or other legal business entity that is engaged in
26		the making of less than 50,000 gallons of wine annually that
27		applies for a first-class wine-maker's license. No subsidiary
28		or affiliate thereof, nor any officer, associate, member,
29		partner, representative, employee, agent, or shareholder may
30		be issued an additional wine-maker's license by the State
31		Commission.
32		Class 7. A second-class wine-maker's license shall allow
33		the manufacture of between 50,000 and 100,000 gallons of wine
34		per year, and the storage and sale of such wine to distributors

1		in this State and to persons without the State, as may be
2		permitted by law. A second-class wine-maker's license shall
3		allow the sale of no more than 10,000 gallons of the licensee's
4		wine directly to retailers. The State Commission shall issue
5		only one second-class wine-maker's license to any person, firm,
6		partnership, corporation, or other legal business entity that
7		is engaged in the making of less than 100,000 gallons of wine
8		annually that applies for a second-class wine-maker's license.
9		No subsidiary or affiliate thereof, or any officer, associate,
10		member, partner, representative, employee, agent, or
11		shareholder may be issued an additional wine-maker's license by
12		the State Commission.
13		Class 8. A limited wine-manufacturer may make sales and
14		deliveries not to exceed 40,000 gallons of wine per year to
15		distributors, and to non-licensees in accordance with the
16		provisions of this Act.
17		(a-1) A manufacturer which is licensed in this State to
18		make sales or deliveries of alcoholic liquor and which enlists
19		agents, representatives, or individuals acting on its behalf
20		who contact licensed retailers on a regular and continual basis
21		in this State must register those agents, representatives, or
22		persons acting on its behalf with the State Commission.
23		Registration of agents, representatives, or persons acting
24		on behalf of a manufacturer is fulfilled by submitting a form
25		to the Commission. The form shall be developed by the
26		Commission and shall include the name and address of the
27		applicant, the name and address of the manufacturer he or she
28		represents, the territory or areas assigned to sell to or
29		discuss pricing terms of alcoholic liquor, and any other
30		questions deemed appropriate and necessary. All statements in
31		the forms required to be made by law or by rule shall be deemed
32		material, and any person who knowingly misstates any material
33		fact under oath in an application is guilty of a Class B
34		misdemeanor. Fraud, misrepresentation, false statements,

1		misleading statements, evasions, or suppression of material
2		facts in the securing of a registration are grounds for
3		suspension or revocation of the registration.
4		(b) A distributor's license shall allow the wholesale
5		purchase and storage of alcoholic liquors and sale of alcoholic
6		liquors to licensees in this State and to persons without the
7		State, as may be permitted by law.
8		(c) An importing distributor's license may be issued to and
9		held by those only who are duly licensed distributors, upon the
10		filing of an application by a duly licensed distributor, with
11		the Commission and the Commission shall, without the payment of
12		any fee, immediately issue such importing distributor's
13		license to the applicant, which shall allow the importation of
14		alcoholic liquor by the licensee into this State from any point
15		in the United States outside this State, and the purchase of
16		alcoholic liquor in barrels, casks or other bulk containers and
17		the bottling of such alcoholic liquors before resale thereof,
18		but all bottles or containers so filled shall be sealed,
19		labeled, stamped and otherwise made to comply with all
20		provisions, rules and regulations governing manufacturers in
21		the preparation and bottling of alcoholic liquors. The
22		importing distributor's license shall permit such licensee to
23		purchase alcoholic liquor from Illinois licensed non-resident
24		dealers and foreign importers only.
25		(d) A retailer's license shall allow the licensee to sell
26		and offer for sale at retail, only in the premises specified in
27		such license, alcoholic liquor for use or consumption, but not
28		for resale in any form: Provided that any retail license issued
29		to a manufacturer shall only permit such manufacturer to sell
30		beer at retail on the premises actually occupied by such
31		manufacturer.
32		After January 1, 1995 there shall be 2 classes of licenses
33		issued under a retailers license.
34		(1) A "retailers on premise consumption license" shall

1		allow the licensee to sell and offer for sale at retail,
2		only on the premises specified in the license, alcoholic
3		liquor for use or consumption on the premises or on and off
4		the premises, but not for resale in any form.
5		(2) An "off premise sale license" shall allow the
6		licensee to sell, or offer for sale at retail, alcoholic
7		liquor intended only for off premise consumption and not
8		for resale in any form.
9		Notwithstanding any other provision of this subsection
10		(d), a retail licensee may sell alcoholic liquors to a special
11		event retailer licensee for resale to the extent permitted
12		under subsection (e).
13		(e) A special event retailer's license (not-for-profit)
14		shall permit the licensee to purchase alcoholic liquors from an
15		Illinois licensed distributor (unless the licensee purchases
16		less than $500 of alcoholic liquors for the special event, in
17		which case the licensee may purchase the alcoholic liquors from
18		a licensed retailer) and shall allow the licensee to sell and
19		offer for sale, at retail, alcoholic liquors for use or
20		consumption, but not for resale in any form and only at the
21		location and on the specific dates designated for the special
22		event in the license. An applicant for a special event retailer
23		license must (i) furnish with the application: (A) a resale
24		number issued under Section 2c of the Retailers' Occupation Tax
25		Act or evidence that the applicant is registered under Section
26		2a of the Retailers' Occupation Tax Act, (B) a current, valid
27		exemption identification number issued under Section 1g of the
28		Retailers' Occupation Tax Act, and a certification to the
29		Commission that the purchase of alcoholic liquors will be a
30		tax-exempt purchase, or (C) a statement that the applicant is
31		not registered under Section 2a of the Retailers' Occupation
32		Tax Act, does not hold a resale number under Section 2c of the
33		Retailers' Occupation Tax Act, and does not hold an exemption
34		number under Section 1g of the Retailers' Occupation Tax Act,

1		in which event the Commission shall set forth on the special
2		event retailer's license a statement to that effect; (ii)
3		submit with the application proof satisfactory to the State
4		Commission that the applicant will provide dram shop liability
5		insurance in the maximum limits; and (iii) show proof
6		satisfactory to the State Commission that the applicant has
7		obtained local authority approval.
8		(f) A railroad license shall permit the licensee to import
9		alcoholic liquors into this State from any point in the United
10		States outside this State and to store such alcoholic liquors
11		in this State; to make wholesale purchases of alcoholic liquors
12		directly from manufacturers, foreign importers, distributors
13		and importing distributors from within or outside this State;
14		and to store such alcoholic liquors in this State; provided
15		that the above powers may be exercised only in connection with
16		the importation, purchase or storage of alcoholic liquors to be
17		sold or dispensed on a club, buffet, lounge or dining car
18		operated on an electric, gas or steam railway in this State;
19		and provided further, that railroad licensees exercising the
20		above powers shall be subject to all provisions of Article VIII
21		of this Act as applied to importing distributors. A railroad
22		license shall also permit the licensee to sell or dispense
23		alcoholic liquors on any club, buffet, lounge or dining car
24		operated on an electric, gas or steam railway regularly
25		operated by a common carrier in this State, but shall not
26		permit the sale for resale of any alcoholic liquors to any
27		licensee within this State. A license shall be obtained for
28		each car in which such sales are made.
29		(g) A boat license shall allow the sale of alcoholic liquor
30		in individual drinks, on any passenger boat regularly operated
31		as a common carrier on navigable waters in this State or on any
32		riverboat operated under the Riverboat and Casino Gambling Act,
33		which boat or riverboat maintains a public dining room or
34		restaurant thereon.

1		(h) A non-beverage user's license shall allow the licensee
2		to purchase alcoholic liquor from a licensed manufacturer or
3		importing distributor, without the imposition of any tax upon
4		the business of such licensed manufacturer or importing
5		distributor as to such alcoholic liquor to be used by such
6		licensee solely for the non-beverage purposes set forth in
7		subsection (a) of Section 8-1 of this Act, and such licenses
8		shall be divided and classified and shall permit the purchase,
9		possession and use of limited and stated quantities of
10		alcoholic liquor as follows:
16		(i) A wine-maker's premises license shall allow a licensee
17		that concurrently holds a first-class wine-maker's license to
18		sell and offer for sale at retail in the premises specified in
19		such license not more than 50,000 gallons of the first-class
20		wine-maker's wine that is made at the first-class wine-maker's
21		licensed premises per year for use or consumption, but not for
22		resale in any form. A wine-maker's premises license shall allow
23		a licensee who concurrently holds a second-class wine-maker's
24		license to sell and offer for sale at retail in the premises
25		specified in such license up to 100,000 gallons of the
26		second-class wine-maker's wine that is made at the second-class
27		wine-maker's licensed premises per year for use or consumption
28		but not for resale in any form. Upon approval from the State
29		Commission, a wine-maker's premises license shall allow the
30		licensee to sell and offer for sale at (i) the wine-maker's
31		licensed premises and (ii) at up to 2 additional locations for
32		use and consumption and not for resale. Each location shall
33		require additional licensing per location as specified in
34		Section 5-3 of this Act.

1		(j) An airplane license shall permit the licensee to import
2		alcoholic liquors into this State from any point in the United
3		States outside this State and to store such alcoholic liquors
4		in this State; to make wholesale purchases of alcoholic liquors
5		directly from manufacturers, foreign importers, distributors
6		and importing distributors from within or outside this State;
7		and to store such alcoholic liquors in this State; provided
8		that the above powers may be exercised only in connection with
9		the importation, purchase or storage of alcoholic liquors to be
10		sold or dispensed on an airplane; and provided further, that
11		airplane licensees exercising the above powers shall be subject
12		to all provisions of Article VIII of this Act as applied to
13		importing distributors. An airplane licensee shall also permit
14		the sale or dispensing of alcoholic liquors on any passenger
15		airplane regularly operated by a common carrier in this State,
16		but shall not permit the sale for resale of any alcoholic
17		liquors to any licensee within this State. A single airplane
18		license shall be required of an airline company if liquor
19		service is provided on board aircraft in this State. The annual
20		fee for such license shall be as determined in Section 5-3.
21		(k) A foreign importer's license shall permit such licensee
22		to purchase alcoholic liquor from Illinois licensed
23		non-resident dealers only, and to import alcoholic liquor other
24		than in bulk from any point outside the United States and to
25		sell such alcoholic liquor to Illinois licensed importing
26		distributors and to no one else in Illinois; provided that the
27		foreign importer registers with the State Commission every
28		brand of alcoholic liquor that it proposes to sell to Illinois
29		licensees during the license period and provided further that
30		the foreign importer complies with all of the provisions of
31		Section 6-9 of this Act with respect to registration of such
32		Illinois licensees as may be granted the right to sell such
33		brands at wholesale.
34		(l) (i) A broker's license shall be required of all persons

1		who solicit orders for, offer to sell or offer to supply
2		alcoholic liquor to retailers in the State of Illinois, or who
3		offer to retailers to ship or cause to be shipped or to make
4		contact with distillers, rectifiers, brewers or manufacturers
5		or any other party within or without the State of Illinois in
6		order that alcoholic liquors be shipped to a distributor,
7		importing distributor or foreign importer, whether such
8		solicitation or offer is consummated within or without the
9		State of Illinois.
10		No holder of a retailer's license issued by the Illinois
11		Liquor Control Commission shall purchase or receive any
12		alcoholic liquor, the order for which was solicited or offered
13		for sale to such retailer by a broker unless the broker is the
14		holder of a valid broker's license.
15		The broker shall, upon the acceptance by a retailer of the
16		broker's solicitation of an order or offer to sell or supply or
17		deliver or have delivered alcoholic liquors, promptly forward
18		to the Illinois Liquor Control Commission a notification of
19		said transaction in such form as the Commission may by
20		regulations prescribe.
21		(ii) A broker's license shall be required of a person
22		within this State, other than a retail licensee, who, for a fee
23		or commission, promotes, solicits, or accepts orders for
24		alcoholic liquor, for use or consumption and not for resale, to
25		be shipped from this State and delivered to residents outside
26		of this State by an express company, common carrier, or
27		contract carrier. This Section does not apply to any person who
28		promotes, solicits, or accepts orders for wine as specifically
29		authorized in Section 6-29 of this Act.
30		A broker's license under this subsection (1) shall not
31		entitle the holder to buy or sell any alcoholic liquors for his
32		own account or to take or deliver title to such alcoholic
33		liquors.
34		This subsection (1) shall not apply to distributors,

1		employees of distributors, or employees of a manufacturer who
2		has registered the trademark, brand or name of the alcoholic
3		liquor pursuant to Section 6-9 of this Act, and who regularly
4		sells such alcoholic liquor in the State of Illinois only to
5		its registrants thereunder.
6		Any agent, representative, or person subject to
7		registration pursuant to subsection (a-1) of this Section shall
8		not be eligible to receive a broker's license.
9		(m) A non-resident dealer's license shall permit such
10		licensee to ship into and warehouse alcoholic liquor into this
11		State from any point outside of this State, and to sell such
12		alcoholic liquor to Illinois licensed foreign importers and
13		importing distributors and to no one else in this State;
14		provided that said non-resident dealer shall register with the
15		Illinois Liquor Control Commission each and every brand of
16		alcoholic liquor which it proposes to sell to Illinois
17		licensees during the license period; and further provided that
18		it shall comply with all of the provisions of Section 6-9
19		hereof with respect to registration of such Illinois licensees
20		as may be granted the right to sell such brands at wholesale.
21		(n) A brew pub license shall allow the licensee to
22		manufacture beer only on the premises specified in the license,
23		to make sales of the beer manufactured on the premises to
24		importing distributors, distributors, and to non-licensees for
25		use and consumption, to store the beer upon the premises, and
26		to sell and offer for sale at retail from the licensed
27		premises, provided that a brew pub licensee shall not sell for
28		off-premises consumption more than 50,000 gallons per year.
29		(o) A caterer retailer license shall allow the holder to
30		serve alcoholic liquors as an incidental part of a food service
31		that serves prepared meals which excludes the serving of snacks
32		as the primary meal, either on or off-site whether licensed or
33		unlicensed.
34		(p) An auction liquor license shall allow the licensee to

1		sell and offer for sale at auction wine and spirits for use or
2		consumption, or for resale by an Illinois liquor licensee in
3		accordance with provisions of this Act. An auction liquor
4		license will be issued to a person and it will permit the
5		auction liquor licensee to hold the auction anywhere in the
6		State. An auction liquor license must be obtained for each
7		auction at least 14 days in advance of the auction date.
8		(q) A special use permit license shall allow an Illinois
9		licensed retailer to transfer a portion of its alcoholic liquor
10		inventory from its retail licensed premises to the premises
11		specified in the license hereby created, and to sell or offer
12		for sale at retail, only in the premises specified in the
13		license hereby created, the transferred alcoholic liquor for
14		use or consumption, but not for resale in any form. A special
15		use permit license may be granted for the following time
16		periods: one day or less; 2 or more days to a maximum of 15 days
17		per location in any 12 month period. An applicant for the
18		special use permit license must also submit with the
19		application proof satisfactory to the State Commission that the
20		applicant will provide dram shop liability insurance to the
21		maximum limits and have local authority approval.
22		(Source: P.A. 91-357, eff. 7-29-99; 92-105, eff. 1-1-02;
23		92-378, eff. 8-16-01; 92-651, eff. 7-11-02; 92-672, eff.
24		7-16-02.)
25		(235 ILCS 5/6-30) (from Ch. 43, par. 144f)
26		Sec. 6-30. Notwithstanding any other provision of this Act,
27		the Illinois Gaming Board shall have exclusive authority to
28		establish the hours for sale and consumption of alcoholic
29		liquor on board a riverboat during riverboat gambling
30		excursions and in a casino conducted in accordance with the
31		Riverboat and Casino Gambling Act.
32		(Source: P.A. 87-826.)

1		Section 940. The Criminal Code of 1961 is amended by
2		changing Sections 28-1, 28-1.1, 28-3, 28-5 and 28-7 as follows:
3		(720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
4		Sec. 28-1. Gambling.
5		(a) A person commits gambling when he:
6		(1) Plays a game of chance or skill for money or other
7		thing of value, unless excepted in subsection (b) of this
8		Section; or
9		(2) Makes a wager upon the result of any game, contest,
10		or any political nomination, appointment or election; or
11		(3) Operates, keeps, owns, uses, purchases, exhibits,
12		rents, sells, bargains for the sale or lease of,
13		manufactures or distributes any gambling device; or
14		(4) Contracts to have or give himself or another the
15		option to buy or sell, or contracts to buy or sell, at a
16		future time, any grain or other commodity whatsoever, or
17		any stock or security of any company, where it is at the
18		time of making such contract intended by both parties
19		thereto that the contract to buy or sell, or the option,
20		whenever exercised, or the contract resulting therefrom,
21		shall be settled, not by the receipt or delivery of such
22		property, but by the payment only of differences in prices
23		thereof; however, the issuance, purchase, sale, exercise,
24		endorsement or guarantee, by or through a person registered
25		with the Secretary of State pursuant to Section 8 of the
26		Illinois Securities Law of 1953, or by or through a person
27		exempt from such registration under said Section 8, of a
28		put, call, or other option to buy or sell securities which
29		have been registered with the Secretary of State or which
30		are exempt from such registration under Section 3 of the
31		Illinois Securities Law of 1953 is not gambling within the
32		meaning of this paragraph (4); or
33		(5) Knowingly owns or possesses any book, instrument or

1		apparatus by means of which bets or wagers have been, or
2		are, recorded or registered, or knowingly possesses any
3		money which he has received in the course of a bet or
4		wager; or
5		(6) Sells pools upon the result of any game or contest
6		of skill or chance, political nomination, appointment or
7		election; or
8		(7) Sets up or promotes any lottery or sells, offers to
9		sell or transfers any ticket or share for any lottery; or
10		(8) Sets up or promotes any policy game or sells,
11		offers to sell or knowingly possesses or transfers any
12		policy ticket, slip, record, document or other similar
13		device; or
14		(9) Knowingly drafts, prints or publishes any lottery
15		ticket or share, or any policy ticket, slip, record,
16		document or similar device, except for such activity
17		related to lotteries, bingo games and raffles authorized by
18		and conducted in accordance with the laws of Illinois or
19		any other state or foreign government; or
20		(10) Knowingly advertises any lottery or policy game,
21		except for such activity related to lotteries, bingo games
22		and raffles authorized by and conducted in accordance with
23		the laws of Illinois or any other state; or
24		(11) Knowingly transmits information as to wagers,
25		betting odds, or changes in betting odds by telephone,
26		telegraph, radio, semaphore or similar means; or knowingly
27		installs or maintains equipment for the transmission or
28		receipt of such information; except that nothing in this
29		subdivision (11) prohibits transmission or receipt of such
30		information for use in news reporting of sporting events or
31		contests; or
32		(12) Knowingly establishes, maintains, or operates an
33		Internet site that permits a person to play a game of
34		chance or skill for money or other thing of value by means

1		of the Internet or to make a wager upon the result of any
2		game, contest, political nomination, appointment, or
3		election by means of the Internet.
4		(b) Participants in any of the following activities shall
5		not be convicted of gambling therefor:
6		(1) Agreements to compensate for loss caused by the
7		happening of chance including without limitation contracts
8		of indemnity or guaranty and life or health or accident
9		insurance;
10		(2) Offers of prizes, award or compensation to the
11		actual contestants in any bona fide contest for the
12		determination of skill, speed, strength or endurance or to
13		the owners of animals or vehicles entered in such contest;
14		(3) Pari-mutuel betting as authorized by the law of
15		this State;
16		(4) Manufacture of gambling devices, including the
17		acquisition of essential parts therefor and the assembly
18		thereof, for transportation in interstate or foreign
19		commerce to any place outside this State when such
20		transportation is not prohibited by any applicable Federal
21		law;
22		(5) The game commonly known as "bingo", when conducted
23		in accordance with the Bingo License and Tax Act;
24		(6) Lotteries when conducted by the State of Illinois
25		in accordance with the Illinois Lottery Law;
26		(7) Possession of an antique slot machine that is
27		neither used nor intended to be used in the operation or
28		promotion of any unlawful gambling activity or enterprise.
29		For the purpose of this subparagraph (b)(7), an antique
30		slot machine is one manufactured 25 years ago or earlier;
31		(8) Raffles when conducted in accordance with the
32		Raffles Act;
33		(9) Charitable games when conducted in accordance with
34		the Charitable Games Act;

1		(10) Pull tabs and jar games when conducted under the
2		Illinois Pull Tabs and Jar Games Act; or
3		(11) Gambling games conducted on riverboats when
4		authorized by the Riverboat and Casino Gambling Act.
5		(c) Sentence.
6		Gambling under subsection (a)(1) or (a)(2) of this Section
7		is a Class A misdemeanor. Gambling under any of subsections
8		(a)(3) through (a)(11) of this Section is a Class A
9		misdemeanor. A second or subsequent conviction under any of
10		subsections (a)(3) through (a)(11), is a Class 4 felony.
11		Gambling under subsection (a)(12) of this Section is a Class A
12		misdemeanor. A second or subsequent conviction under
13		subsection (a)(12) is a Class 4 felony.
14		(d) Circumstantial evidence.
15		In prosecutions under subsection (a)(1) through (a)(12) of
16		this Section circumstantial evidence shall have the same
17		validity and weight as in any criminal prosecution.
18		(Source: P.A. 91-257, eff. 1-1-00.)
19		(720 ILCS 5/28-1.1) (from Ch. 38, par. 28-1.1)
20		Sec. 28-1.1. Syndicated gambling.
21		(a) Declaration of Purpose. Recognizing the close
22		relationship between professional gambling and other organized
23		crime, it is declared to be the policy of the legislature to
24		restrain persons from engaging in the business of gambling for
25		profit in this State. This Section shall be liberally construed
26		and administered with a view to carrying out this policy.
27		(b) A person commits syndicated gambling when he operates a
28		"policy game" or engages in the business of bookmaking.
29		(c) A person "operates a policy game" when he knowingly
30		uses any premises or property for the purpose of receiving or
31		knowingly does receive from what is commonly called "policy":
32		(1) money from a person other than the better or player
33		whose bets or plays are represented by such money; or

1		(2) written "policy game" records, made or used over
2		any period of time, from a person other than the better or
3		player whose bets or plays are represented by such written
4		record.
5		(d) A person engages in bookmaking when he receives or
6		accepts more than five bets or wagers upon the result of any
7		trials or contests of skill, speed or power of endurance or
8		upon any lot, chance, casualty, unknown or contingent event
9		whatsoever, which bets or wagers shall be of such size that the
10		total of the amounts of money paid or promised to be paid to
11		such bookmaker on account thereof shall exceed $2,000.
12		Bookmaking is the receiving or accepting of such bets or wagers
13		regardless of the form or manner in which the bookmaker records
14		them.
15		(e) Participants in any of the following activities shall
16		not be convicted of syndicated gambling:
17		(1) Agreements to compensate for loss caused by the
18		happening of chance including without limitation contracts
19		of indemnity or guaranty and life or health or accident
20		insurance; and
21		(2) Offers of prizes, award or compensation to the
22		actual contestants in any bona fide contest for the
23		determination of skill, speed, strength or endurance or to
24		the owners of animals or vehicles entered in such contest;
25		and
26		(3) Pari-mutuel betting as authorized by law of this
27		State; and
28		(4) Manufacture of gambling devices, including the
29		acquisition of essential parts therefor and the assembly
30		thereof, for transportation in interstate or foreign
31		commerce to any place outside this State when such
32		transportation is not prohibited by any applicable Federal
33		law; and
34		(5) Raffles when conducted in accordance with the

1		Raffles Act; and
2		(6) Gambling games conducted on riverboats or in
3		casinos when authorized by the Riverboat and Casino
4		Gambling Act.
5		(f) Sentence. Syndicated gambling is a Class 3 felony.
6		(Source: P.A. 86-1029; 87-435.)
7		(720 ILCS 5/28-3) (from Ch. 38, par. 28-3)
8		Sec. 28-3. Keeping a Gambling Place. A "gambling place" is
9		any real estate, vehicle, boat or any other property whatsoever
10		used for the purposes of gambling other than gambling conducted
11		in the manner authorized by the Riverboat and Casino Gambling
12		Act. Any person who knowingly permits any premises or property
13		owned or occupied by him or under his control to be used as a
14		gambling place commits a Class A misdemeanor. Each subsequent
15		offense is a Class 4 felony. When any premises is determined by
16		the circuit court to be a gambling place:
17		(a) Such premises is a public nuisance and may be proceeded
18		against as such, and
19		(b) All licenses, permits or certificates issued by the
20		State of Illinois or any subdivision or public agency thereof
21		authorizing the serving of food or liquor on such premises
22		shall be void; and no license, permit or certificate so
23		cancelled shall be reissued for such premises for a period of
24		60 days thereafter; nor shall any person convicted of keeping a
25		gambling place be reissued such license for one year from his
26		conviction and, after a second conviction of keeping a gambling
27		place, any such person shall not be reissued such license, and
28		(c) Such premises of any person who knowingly permits
29		thereon a violation of any Section of this Article shall be
30		held liable for, and may be sold to pay any unsatisfied
31		judgment that may be recovered and any unsatisfied fine that
32		may be levied under any Section of this Article.
33		(Source: P.A. 86-1029.)

1		(720 ILCS 5/28-5) (from Ch. 38, par. 28-5)
2		Sec. 28-5. Seizure of gambling devices and gambling funds.
3		(a) Every device designed for gambling which is incapable
4		of lawful use or every device used unlawfully for gambling
5		shall be considered a "gambling device", and shall be subject
6		to seizure, confiscation and destruction by the Department of
7		State Police or by any municipal, or other local authority,
8		within whose jurisdiction the same may be found. As used in
9		this Section, a "gambling device" includes any slot machine,
10		and includes any machine or device constructed for the
11		reception of money or other thing of value and so constructed
12		as to return, or to cause someone to return, on chance to the
13		player thereof money, property or a right to receive money or
14		property. With the exception of any device designed for
15		gambling which is incapable of lawful use, no gambling device
16		shall be forfeited or destroyed unless an individual with a
17		property interest in said device knows of the unlawful use of
18		the device.
19		(b) Every gambling device shall be seized and forfeited to
20		the county wherein such seizure occurs. Any money or other
21		thing of value integrally related to acts of gambling shall be
22		seized and forfeited to the county wherein such seizure occurs.
23		(c) If, within 60 days after any seizure pursuant to
24		subparagraph (b) of this Section, a person having any property
25		interest in the seized property is charged with an offense, the
26		court which renders judgment upon such charge shall, within 30
27		days after such judgment, conduct a forfeiture hearing to
28		determine whether such property was a gambling device at the
29		time of seizure. Such hearing shall be commenced by a written
30		petition by the State, including material allegations of fact,
31		the name and address of every person determined by the State to
32		have any property interest in the seized property, a
33		representation that written notice of the date, time and place

1		of such hearing has been mailed to every such person by
2		certified mail at least 10 days before such date, and a request
3		for forfeiture. Every such person may appear as a party and
4		present evidence at such hearing. The quantum of proof required
5		shall be a preponderance of the evidence, and the burden of
6		proof shall be on the State. If the court determines that the
7		seized property was a gambling device at the time of seizure,
8		an order of forfeiture and disposition of the seized property
9		shall be entered: a gambling device shall be received by the
10		State's Attorney, who shall effect its destruction, except that
11		valuable parts thereof may be liquidated and the resultant
12		money shall be deposited in the general fund of the county
13		wherein such seizure occurred; money and other things of value
14		shall be received by the State's Attorney and, upon
15		liquidation, shall be deposited in the general fund of the
16		county wherein such seizure occurred. However, in the event
17		that a defendant raises the defense that the seized slot
18		machine is an antique slot machine described in subparagraph
19		(b) (7) of Section 28-1 of this Code and therefore he is exempt
20		from the charge of a gambling activity participant, the seized
21		antique slot machine shall not be destroyed or otherwise
22		altered until a final determination is made by the Court as to
23		whether it is such an antique slot machine. Upon a final
24		determination by the Court of this question in favor of the
25		defendant, such slot machine shall be immediately returned to
26		the defendant. Such order of forfeiture and disposition shall,
27		for the purposes of appeal, be a final order and judgment in a
28		civil proceeding.
29		(d) If a seizure pursuant to subparagraph (b) of this
30		Section is not followed by a charge pursuant to subparagraph
31		(c) of this Section, or if the prosecution of such charge is
32		permanently terminated or indefinitely discontinued without
33		any judgment of conviction or acquittal (1) the State's
34		Attorney shall commence an in rem proceeding for the forfeiture

1		and destruction of a gambling device, or for the forfeiture and
2		deposit in the general fund of the county of any seized money
3		or other things of value, or both, in the circuit court and (2)
4		any person having any property interest in such seized gambling
5		device, money or other thing of value may commence separate
6		civil proceedings in the manner provided by law.
7		(e) Any gambling device displayed for sale to a riverboat
8		gambling operation or a casino gambling operation or used to
9		train occupational licensees of a riverboat gambling operation
10		or a casino gambling operation as authorized under the
11		Riverboat and Casino Gambling Act, is exempt from seizure under
12		this Section.
13		(f) Any gambling equipment, devices and supplies provided
14		by a licensed supplier in accordance with the Riverboat and
15		Casino Gambling Act which are removed from a the riverboat,
16		casino, or electronic gaming facility for repair are exempt
17		from seizure under this Section.
18		(Source: P.A. 87-826.)
19		(720 ILCS 5/28-7) (from Ch. 38, par. 28-7)
20		Sec. 28-7. Gambling contracts void.
21		(a) All promises, notes, bills, bonds, covenants,
22		contracts, agreements, judgments, mortgages, or other
23		securities or conveyances made, given, granted, drawn, or
24		entered into, or executed by any person whatsoever, where the
25		whole or any part of the consideration thereof is for any money
26		or thing of value, won or obtained in violation of any Section
27		of this Article are null and void.
28		(b) Any obligation void under this Section may be set aside
29		and vacated by any court of competent jurisdiction, upon a
30		complaint filed for that purpose, by the person so granting,
31		giving, entering into, or executing the same, or by his
32		executors or administrators, or by any creditor, heir, legatee,
33		purchaser or other person interested therein; or if a judgment,

1		the same may be set aside on motion of any person stated above,
2		on due notice thereof given.
3		(c) No assignment of any obligation void under this Section
4		may in any manner affect the defense of the person giving,
5		granting, drawing, entering into or executing such obligation,
6		or the remedies of any person interested therein.
7		(d) This Section shall not prevent a licensed owner of a
8		riverboat gambling operation or a casino gambling operation or
9		an electronic gaming licensee under the Riverboat Gambling Act
10		and the Illinois Horse Racing Act of 1975 from instituting a
11		cause of action to collect any amount due and owing under an
12		extension of credit to a riverboat gambling patron as
13		authorized under Section 11.1 of the Riverboat and Casino
14		Gambling Act.
15		(Source: P.A. 87-826.)

16		Section 945. The Travel Promotion Consumer Protection Act
17		is amended by changing Section 2 as follows:
18		(815 ILCS 420/2) (from Ch. 121 1/2, par. 1852)
19		Sec. 2. Definitions.
20		(a) "Travel promoter" means a person, including a tour
21		operator, who sells, provides, furnishes, contracts for,
22		arranges or advertises that he or she will arrange wholesale or
23		retail transportation by air, land, sea or navigable stream,
24		either separately or in conjunction with other services.
25		"Travel promoter" does not include (1) an air carrier; (2) a
26		sea carrier; (3) an officially appointed agent of an air
27		carrier who is a member in good standing of the Airline
28		Reporting Corporation; (4) a travel promoter who has in force
29		$1,000,000 or more of liability insurance coverage for
30		professional errors and omissions and a surety bond or
31		equivalent surety in the amount of $100,000 or more for the
32		benefit of consumers in the event of a bankruptcy on the part

1		of the travel promoter; or (5) a riverboat subject to
2		regulation under the Riverboat and Casino Gambling Act.
3		(b) "Advertise" means to make any representation in the
4		solicitation of passengers and includes communication with
5		other members of the same partnership, corporation, joint
6		venture, association, organization, group or other entity.
7		(c) "Passenger" means a person on whose behalf money or
8		other consideration has been given or is to be given to
9		another, including another member of the same partnership,
10		corporation, joint venture, association, organization, group
11		or other entity, for travel.
12		(d) "Ticket or voucher" means a writing or combination of
13		writings which is itself good and sufficient to obtain
14		transportation and other services for which the passenger has
15		contracted.
16		(Source: P.A. 91-357, eff. 7-29-99.)

17		Section 950. The State Finance Act is amended by adding
18		Sections 5.625, and 5.626, and 6z-62 as follows:
19		(30 ILCS 105/5.625 new)
20		Sec. 5.625. The Compulsive Gambling Prevention Fund.
21		(30 ILCS 105/5.626 new)
22		Sec. 5.626. The Illinois Community Services Block Grant
23		Fund.
24		(30 ILCS 105/6z-62 new)
25		Sec. 6z-62. Illinois Community Services Block Grant Fund.
26		There is hereby created in the State Treasury a special fund to
27		be known as the Illinois Community Services Block Grant Fund.
28		Moneys deposited into the Fund shall, subject to appropriation,
29		be used by the Department of Commerce and Economic Opportunity
30		as follows: 50% shall be used for programs in the same manner

1		as programs financed with federal Community Services Block
2		Grant funds as set forth under item (F) of subsection (1) of
3		Section 605-400 of the Department of Commerce and Economic
4		Opportunity Law of the Civil Administrative Code of Illinois
5		and 50% shall be used for grants distributed through requests
6		for proposals in the same manner as other programs funded by
7		the Department of Commerce and Economic Opportunity.

8		(230 ILCS 5/54 rep.)
9		Section 955. The Illinois Horse Racing Act of 1975 is
10		amended by repealing Section 54.

Section 999. Effective date. This Act takes effect upon becoming law.".