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92_HB0172
LRB9201384LDpr
1 AN ACT in relation to gambling.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Illinois Gambling Board Act.
6 Section 5. Definitions. For the purposes of this Act,
7 unless the context otherwise requires:
8 "Acts administered by the Board" means:
9 (1) The Illinois Gambling Board Act;
10 (2) The Illinois Horse Racing Act of 1975; and
11 (3) The Riverboat Gambling Act.
12 "Board" means the Illinois Gambling Board.
13 "Department" means the Illinois Department of Revenue.
14 Section 10. Dissolution of Illinois Racing Board and
15 Illinois Gaming Board. The Illinois Racing Board and the
16 Illinois Gaming Board shall each remain in existence until
17 the close of business on the effective date of this Act. At
18 the close of business on the effective date of this Act, the
19 Illinois Racing Board and the Illinois Gaming Board shall
20 each be dissolved and all of their powers, duties, rights,
21 and responsibilities under the Illinois Horse Racing Act of
22 1975 and under the Riverboat Gambling Act and all liabilities
23 arising therefrom are transferred to the Illinois Gambling
24 Board. At the close of business on the effective date of
25 this Act, all of the powers, duties, rights, and
26 responsibilities of the Department of Revenue under the
27 Riverboat Gambling Act and all liabilities arising therefrom
28 are transferred to the Illinois Gambling Board. The terms of
29 all members of the Illinois Racing Board and of all members
30 of the Illinois Gaming Board shall end at the close of
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1 business on the effective date of this Act. For purposes of
2 the Successor Agency Act, the Illinois Gambling Board shall
3 be the successor to the Illinois Racing Board, the Illinois
4 Gaming Board, and, to the extent specified in this Act, the
5 Illinois Department of Revenue.
6 Section 15. Transfer of personnel. Personnel employed by
7 (i) the Illinois Racing Board, (ii) the Illinois Gaming
8 Board, or (iii) the Illinois Department of Revenue under
9 Section 5(a)(8) of the Riverboat Gambling Act are transferred
10 to the Illinois Gambling Board immediately after the close of
11 business on the effective date of this Act. The rights of
12 those employees, the State, and its agencies under the
13 Personnel Code and applicable collective bargaining
14 agreements and retirement plans are not affected by this Act.
15 Section 20. Transfer of property. All books, records,
16 papers, documents, property (real and personal), contracts,
17 unexpended appropriations, and pending business pertaining to
18 the powers, duties, rights, and responsibilities transferred
19 by this Act from the Illinois Racing Board, the Illinois
20 Gaming Board, and the Illinois Department of Revenue to the
21 Illinois Gambling Board, including but not limited to
22 material in electronic or magnetic format and necessary
23 computer hardware and software, shall be delivered and
24 transferred to the Board effective at the close of business
25 on the effective date of this Act and may be used by the
26 Board thereafter.
27 Section 25. Transfer of powers.
28 (a) The powers, duties, rights, and responsibilities
29 transferred to the Board pursuant to this Act shall be vested
30 in and shall be exercised by the Board. Each act done in the
31 exercise of those powers, duties, rights, and
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1 responsibilities shall have the same legal effect as if done
2 by the Illinois Racing Board, the Illinois Gaming Board, or
3 the Illinois Department of Revenue.
4 (b) Every person or other entity shall be subject to the
5 same obligations and duties, and any penalties, civil or
6 criminal, arising therefrom, and shall have the same rights
7 arising from the exercise of those powers, duties, rights,
8 and responsibilities as if those powers, duties, rights, and
9 responsibilities had been exercised by the Illinois Racing
10 Board, the Illinois Gaming Board, or the Illinois Department
11 of Revenue.
12 Section 30. Rules. Rules adopted by the Illinois Racing
13 Board, the Illinois Gaming Board, or the Illinois Department
14 of Revenue that are in effect on the effective date of this
15 Act and pertain to the powers, duties, rights, and
16 responsibilities transferred to the Board under this Act
17 shall become rules of the Board at the close of business on
18 the effective date of this Act and shall continue in effect
19 until amended or repealed by the Board.
20 Any rules pertaining to the powers, duties, rights, and
21 responsibilities transferred to the Board under this Act that
22 have been proposed by the Illinois Racing Board, the Illinois
23 Gaming Board, or the Illinois Department of Revenue but have
24 not taken effect or been finally adopted by the close of
25 business on the effective date of this Act shall become
26 proposed rules of the Board on the effective date of this Act
27 and any rulemaking procedures that have already been
28 completed by the Illinois Racing Board, the Illinois Gaming
29 Board, or the Illinois Department of Revenue for those
30 proposed rules need not be repeated.
31 As soon as practical after the effective date of this
32 Act, the Board shall revise and clarify the rules transferred
33 to it under this Act to reflect the reorganization of powers,
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1 duties, rights, and responsibilities effected by this Act
2 using the procedures for recodification of rules available
3 under the Illinois Administrative Procedure Act, except that
4 existing title, part, and Section numbering for the affected
5 rules may be retained. The Board may propose and adopt under
6 the Illinois Administrative Procedure Act such other rules as
7 may be necessary to consolidate and clarify the rules of the
8 Boards reorganized under this Act.
9 Section 35. Service. Whenever reports or notices are now
10 required to be made or given or papers or documents furnished
11 or served by any person to or upon the Illinois Racing Board,
12 the Illinois Gaming Board, or the Illinois Department of
13 Revenue in connection with any of the functions transferred
14 pursuant to this Act, the same shall be made, given,
15 furnished, or served in the same manner to or upon the
16 Illinois Gambling Board.
17 Section 40. Prior actions. This Act does not affect any
18 act done, ratified, or cancelled, any right occurring or
19 established, or any action or proceeding had or commenced in
20 an administrative, civil, or criminal cause before this
21 Section takes effect, but such actions or proceedings may be
22 prosecuted and continued by the Board.
23 Section 45. Savings provisions. The powers, duties,
24 rights, and responsibilities transferred to the Board by this
25 Act shall be vested in and exercised by the Board subject to
26 the provisions of this Act. An act done by the Board or an
27 employee or agent of the Board in the exercise of the
28 transferred powers, duties, rights, and responsibilities
29 shall have the same legal effect as if done by the Illinois
30 Racing Board, the Illinois Gaming Board, the Illinois
31 Department of Revenue, or an employee or agent of either of
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1 those boards or that Department as predecessor to the
2 Illinois Gambling Board.
3 The transfer of powers, duties, rights, and
4 responsibilities to the Illinois Gambling Board under this
5 Act does not invalidate any previous action taken by the
6 Illinois Racing Board, the Illinois Gaming Board, the
7 Department, or any of their employees or agents. References
8 to the Illinois Racing Board, the Illinois Gaming Board, the
9 Department, or any of their employees or agents in any
10 document, contract, agreement, or law shall, in appropriate
11 contexts, be deemed to refer to the Illinois Gambling Board
12 or its employees or agents.
13 The transfer of powers, duties, rights, and
14 responsibilities to the Board under this Act does not affect
15 any person's rights, obligations, or duties, including any
16 civil or criminal penalties applicable thereto, arising out
17 of those transferred powers, duties, rights, and
18 responsibilities.
19 Section 50. Severability. If any provision of this Act
20 or its application to any person or circumstance is held
21 invalid by any court of competent jurisdiction, this
22 invalidity does not affect any other provision or application
23 of this Act that can be given effect without the invalid
24 provision or application. To achieve this purpose, the
25 provisions of this Act are declared to be severable.
26 Section 55. Creation of Board.
27 (a) There is hereby created the Illinois Gambling Board,
28 which shall have the powers and duties specified in this Act,
29 the Illinois Horse Racing Act of 1975, and the Riverboat
30 Gambling Act and also the powers necessary and proper to
31 enable it to fully and effectively execute all of the
32 provisions and purposes of this Act. The jurisdiction,
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1 supervision, powers, and duties of the Board shall extend
2 under this Act to every person who holds or conducts any
3 meeting where horse racing is conducted pursuant to the
4 Illinois Horse Racing Act of 1975 and to any person who
5 conducts riverboat gambling operations under the Riverboat
6 Gambling Act.
7 (b) The Illinois Gambling Board shall consist of 9
8 members appointed by the Governor with the advice and consent
9 of the Senate, no more than 5 of whom shall be of the same
10 political party, and one of whom shall be designated by the
11 Governor as the chairman. Each member, at the time of
12 appointment, shall be a resident of Illinois and shall have
13 resided in Illinois for a period of at least 5 years next
14 preceding appointment and qualification and shall be a
15 qualified voter in Illinois and be at least 25 years of age.
16 (c) The terms of office for members of the Board shall
17 be as follows: 3 members for terms expiring on January 1,
18 2004, 3 members for terms expiring January 1, 2006, and 3
19 members for terms expiring on January 1, 2008. Thereafter
20 the terms of office of the Board members shall be 6 years.
21 Members shall continue to serve until their successors are
22 appointed and have qualified. A vacancy in the Board shall
23 be filled for the unexpired portion of the term in the same
24 manner as an original appointment. Each member of the Board
25 shall be eligible for reappointment at the discretion of the
26 Governor, with the advice and consent of the Senate.
27 (d) Each member of the Board shall receive $300 per day
28 for each day the Board meets and for each day the member
29 conducts a hearing pursuant to the Illinois Horse Racing Act
30 of 1975. Members of the Board shall also be reimbursed for
31 all actual and necessary expenses and disbursements incurred
32 in the execution of their official duties.
33 (e) No person shall be appointed to be a member of the
34 Board or continue to be a member of the Board who is, or
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1 whose spouse, child, or parent is, a member of the board of
2 directors of, or a person financially interested in, any
3 gambling operation subject to the jurisdiction of the Board.
4 No person shall be appointed a member of the Board or
5 continue as a member of the Board who is, or whose spouse,
6 child, or parent is, a member of the board of directors of,
7 or who is a person financially interested in, any licensee
8 under the Illinois Horse Racing Act of 1975 or other person
9 who has applied for racing dates to the Board under that Act,
10 or the operations thereof, including, but not limited to,
11 concessions, data processing, track maintenance, track
12 security, and pari-mutuel operations, located, scheduled or
13 doing business within Illinois, or in any race horse
14 competing at a meeting under the Board's jurisdiction. No
15 person shall be appointed to the Board or continue as a
16 member of the Board who is, or whose spouse, child, or parent
17 is, financially interested in any race track, race meeting,
18 racing association, or the operations thereof under the
19 Illinois Horse Racing Act of 1975. No Board member shall
20 hold any other public office for which he or she receives
21 compensation other than necessary travel or other incidental
22 expenses. No person shall be a member of the Board who is
23 not of good moral character or who has been convicted of, or
24 is under indictment for, a felony under the laws of Illinois,
25 any other state, or the United States.
26 (f) Any member of the Board may be removed by the
27 Governor for neglect of duty, misfeasance, malfeasance, or
28 nonfeasance in office.
29 (g) Before entering into the discharge of the duties of
30 his or her office, each member of the Board shall take an
31 oath that he or she will faithfully execute the duties of his
32 or her office according to the laws of this State and the
33 rules adopted thereunder and shall give bond to the State of
34 Illinois, approved by the Governor, in the sum of $25,000.
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1 Every such bond, when duly executed and approved, shall be
2 recorded in the office of the Secretary of State. Whenever
3 the Governor determines that the bond of any member of the
4 Board has become or is likely to become invalid or
5 insufficient, the Governor shall require that member
6 forthwith to renew his or her bond. Any member of the Board
7 who fails to take oath and give bond within 30 days from the
8 date of his or her appointment, or who fails to renew his or
9 her bond within 30 days after it is demanded by the Governor,
10 shall be guilty of neglect of duty and may be removed by the
11 Governor. The cost of any bond given by any member of the
12 Board under this Section shall be taken to be a part of the
13 necessary expenses of the Board.
14 (h) Any Board member or Board employee who is subject to
15 any civil action arising from any act executed by him or her
16 arising out of service as a Board member or Board employee
17 shall be represented by the Attorney General. All costs of
18 defending such a lawsuit and satisfaction of any judgment
19 rendered against a Board member or Board employee shall be
20 incurred by the Board. Any Board member or Board employee is
21 entitled to the benefit of this subsection (h) provided that
22 the Act was committed in good faith.
23 Section 65. Employment of personnel; prohibitions.
24 (a) Board members shall employ under the Personnel Code,
25 as now or hereafter amended, such representatives,
26 accountants, clerks, stenographers, inspectors, and other
27 employees as may be necessary.
28 (b) No person shall be employed or hold any office or
29 position under the Board who, or whose spouse, child, or
30 parent, is:
31 (1) an official of, or has a financial or ownership
32 interest in, any licensee or occupation licensee under
33 the Illinois Horse Racing Act of 1975 who is engaged in
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1 conducting horse racing in this State;
2 (2) an owner, trainer, jockey, or harness driver of
3 a horse competing at a race meeting under the
4 jurisdiction of the Board pursuant to the Illinois Horse
5 Racing Act of 1975; or
6 (3) an official of, or has a financial interest in
7 or financial relation with, any operator engaged in
8 riverboat gambling operations within this State.
9 On or after January 1, 2003, any employee who violates
10 this subsection shall be subject to the termination of his or
11 her employment. If the Board determines that an employee is
12 in violation of this subsection and should be discharged, it
13 must observe the procedures outlined in the Personnel Code as
14 they apply to discharge proceedings.
15 Section 70. Board meetings; records; offices.
16 (a) The Board shall hold regular and special meetings at
17 least once each quarter of the fiscal year and at such
18 additional times and places as may be necessary to perform
19 properly and effectively all duties required under the Acts
20 administered by the Board. Special meetings may be called by
21 the chairman or by any 2 Board members upon 72 hours written
22 notice to each member. All Board meetings shall be subject
23 to the Open Meetings Act.
24 A majority of the members of the Board shall constitute a
25 quorum for the transaction of any business, for the
26 performance of any duty, and for the exercise of any power
27 that any Act administered by the Board requires the Board
28 members to transact, perform, or exercise en banc, except
29 that on order of the Board, one of the Board members may
30 conduct the hearing required in Section 16 of the Illinois
31 Horse Racing Act of 1975. A Board member conducting such a
32 hearing shall have all powers and rights granted to the Board
33 in this Act. The record made at the hearing shall be
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1 reviewed by the Board, or a majority thereof, and the
2 findings and decision of the majority of the Board shall
3 constitute the order of the Board in such a case.
4 (b) The Board shall obtain a court reporter who shall be
5 present at each regular and special meeting and proceeding
6 and who shall make accurate transcriptions thereof, except
7 that when in the judgment of the Board an emergency situation
8 requires a meeting by teleconference, the executive director
9 shall prepare the minutes of the meeting indicating the date
10 and time of the meeting and which members of the Board were
11 present or absent, summarizing all matters proposed,
12 deliberated on, or decided at the meeting, and indicating the
13 results of all votes taken. The public shall be allowed to
14 listen to the proceedings of that meeting at all Board branch
15 offices.
16 (c) The Board shall provide records that are separate
17 and distinct from the records of any other State board or
18 commission. These records shall be available for public
19 inspection and shall accurately reflect all Board
20 proceedings.
21 (d) The Board shall file a written annual report with
22 the Governor on or before March 1 of each year and any
23 additional reports that the Governor may request. The annual
24 report shall include a statement of receipts and
25 disbursements by the Board, actions taken by the Board, a
26 report on the horse racing industry's progress toward the
27 policy objectives established in Section 1.2 of the Illinois
28 Horse Racing Act of 1975, and any additional information and
29 recommendations that the Board may deem valuable or that the
30 Governor may request.
31 (e) The Board shall maintain a branch office on the
32 grounds of every organization licensee under the Illinois
33 Horse Racing Act of 1975 during the organization licensee's
34 race meeting, which shall be kept open throughout the time
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1 the race meeting is held, and at the home dock of each owners
2 licensee under the Riverboat Gambling Act during the owners
3 licensee's hours of operation, which shall be kept open while
4 gambling is being conducted on any riverboat that docks at
5 that home dock. The Board shall designate one of its
6 members, or an authorized agent of the Board who shall have
7 the authority to act for the Board, to be in charge of the
8 branch office during the time it is required to be kept open.
9 Section 75. Hearing officers. The Board may employ
10 hearing officers qualified by professional training or
11 previous experience according to rules established by the
12 Board. The Board shall also establish rules providing for
13 the disqualification of hearing officers for bias or conflict
14 of interest. The hearing officers shall, under the direction
15 of the Board, take testimony of witnesses, and examine
16 accounts, records, books, papers, and facilities, either by
17 holding hearings or making independent investigations, in any
18 matter referred to them by the Board; and make report thereof
19 to the Board, and attend at hearings before the Board when so
20 directed by the Board, for the purpose of explaining their
21 investigations and the result thereof to the Board and the
22 parties interested; and perform other duties as the Board may
23 direct, subject to its orders. The Board may make final
24 administrative decisions based upon reports presented to it
25 and investigations and hearings conducted by hearing
26 officers.
27 Section 80. Powers and duties. The Board shall have all
28 the powers and duties necessary and proper to effectively
29 execute the provisions of this Act, the Illinois Horse Racing
30 Act of 1975, and the Riverboat Gambling Act. These powers
31 and duties include, but are not limited to, those powers and
32 duties enumerated in Section 9 of the Illinois Horse Racing
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1 Act of 1975 and Section 5 of the Riverboat Gambling Act.
2 Section 85. Executive Director. The Board shall name and
3 appoint an Executive Director who shall serve at the pleasure
4 of the Board. The Executive Director shall perform any and
5 all duties that the Board assigns to him or her. The salary
6 of the Executive Director shall be determined by the Board
7 and, in addition, he or she shall be reimbursed for all
8 actual and necessary expenses incurred by him or her in the
9 discharge of his or her official duties. The Executive
10 Director shall keep records of all proceedings of the Board
11 and shall preserve all records, books, documents, and other
12 papers belonging to the Board or entrusted to its care. The
13 Executive Director shall devote his or her full time to the
14 duties of the office and shall not hold any other office or
15 employment.
16 Section 800. The State Finance Act is amended by
17 changing Section 6b-2 as follows:
18 (30 ILCS 105/6b-2) (from Ch. 127, par. 142b2)
19 Sec. 6b-2. The Department of Agriculture is authorized
20 to establish and maintain a "Working Cash Account" to receive
21 moneys obtained from the sale of pari-mutuel wagering tickets
22 and to disburse moneys from such account as provided in this
23 Section. The Department shall appoint a custodian who will
24 be responsible for the "Working Cash Account" and who shall
25 be bonded by a $100,000 penal bond made payable to the people
26 of the State of Illinois, and shall establish accounting and
27 reconciliation procedures to assure the safeguarding of these
28 moneys.
29 Moneys in the Department of Agriculture's "Working Cash
30 Account" shall be used only for the purposes of providing
31 change for ticket windows, paying winning tickets,
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1 establishing the winning ticket reserve and purse fund as
2 required by the "Illinois Gambling Racing Board", paying race
3 purses, and paying Federal and State taxes in relation
4 thereto. That portion of the income received not expended
5 for uses as authorized shall within 10 days after receipt be
6 paid into the Agricultural Premium Fund.
7 The Governor may request at the recommendation of the
8 custodian of the "Working Cash Account" an amount of money
9 not to exceed $50,000 be transferred from the Agricultural
10 Premium Fund to the "Working Cash Account", to provide change
11 for ticket windows, such transfer to be made within 30 days
12 prior to a racing meet. The custodian shall within 2 working
13 days after the close of a racing meet transfer the money used
14 for change back to the Agricultural Premium Fund. The
15 Department of Agriculture is authorized to pay from the
16 Agricultural Premium Fund the annual license fee, the daily
17 race fee, and other expenses such as track security,
18 stewards, investigators and such other fees as required by
19 the Illinois Gambling Racing Board connected with the holding
20 of a racing meet.
21 The Auditor General shall audit or cause to be audited
22 the above items of income and expenditures.
23 (Source: P.A. 84-1308.)
24 Section 805. The Agricultural Fair Act is amended by
25 changing Section 18 as follows:
26 (30 ILCS 120/18) (from Ch. 85, par. 668)
27 Sec. 18. Money shall be paid into the Fair and
28 Exposition Fund by the Illinois Gambling Racing Board, as
29 provided in Section 28 of the Illinois Horse Racing Act of
30 1975. The General Assembly shall from time to time make
31 appropriations payable from such fund to the Department for
32 distribution to county fairs in counties having a population
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1 of less than 600,000 and to any Fair and Exposition Authority
2 in counties with a population of more than 600,000 but less
3 than 1,000,000 inhabitants. Such appropriations shall be
4 distributed by the Department to county fairs which are
5 eligible to participate in appropriations made from the
6 Agricultural Premium Fund but which elect instead to
7 participate in appropriations made from the Fair and
8 Exposition Fund and to Fair and Exposition Authorities in
9 counties having a population of more than 600,000 but less
10 than 1,000,000 inhabitants. If a county has more than one
11 county fair, such fairs shall jointly elect to participate
12 either in appropriations made from the Agricultural Premium
13 Fund or in appropriations made from the Fair and Exposition
14 Fund. All participating county fairs of the same county shall
15 participate in the same appropriation. A participant, to be
16 eligible to receive appropriations from the Fair and
17 Exposition Fund must hold the land on which such fair or
18 exposition is to be conducted as a fee or under a lease of at
19 least 20 years duration, except counties with more than
20 600,000 but less than 1,000,000 inhabitants where the
21 participant shall be the Fair and Exposition Authority.
22 Before receiving a distribution of monies from the fund, the
23 treasurer or other financial officer of a participant shall
24 file with the Director a penal bond in an amount equaling the
25 sums to be distributed, and conditioned upon the lawful
26 expenditure of the money so distributed. The cost of such
27 bond may be paid from such money.
28 (Source: P.A. 87-1219.)
29 Section 810. The Joliet Regional Port District Act is
30 amended by changing Section 5.1 as follows:
31 (70 ILCS 1825/5.1) (from Ch. 19, par. 255.1)
32 Sec. 5.1. Riverboat gambling. Notwithstanding any other
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1 provision of this Act, the District may not regulate the
2 operation, conduct, or navigation of any riverboat gambling
3 casino licensed under the Riverboat Gambling Act, and the
4 District may not license, tax, or otherwise levy any
5 assessment of any kind on any riverboat gambling casino
6 licensed under the Riverboat Gambling Act. The General
7 Assembly declares that the powers to regulate the operation,
8 conduct, and navigation of riverboat gambling casinos and to
9 license, tax, and levy assessments upon riverboat gambling
10 casinos are exclusive powers of the State of Illinois and the
11 Illinois Gambling Gaming Board as provided in the Riverboat
12 Gambling Act.
13 (Source: P.A. 87-1175.)
14 Section 900. The Illinois Horse Racing Act of 1975 is
15 amended by changing Sections 3.01, 3.18, 15, 15.3, 18, 20,26,
16 28.1, 30, 30.5, 31, and 54 as follows:
17 (230 ILCS 5/3.01) (from Ch. 8, par. 37-3.01)
18 Sec. 3.01. "Board" means the Illinois Racing Board until
19 the close of business on the effective date of this
20 amendatory Act of the 92nd General Assembly and, beginning
21 immediately after the close of business on the effective date
22 of this amendatory Act, means the Illinois Gambling Board.
23 (Source: P.A. 79-1185.)
24 (230 ILCS 5/3.18) (from Ch. 8, par. 37-3.18)
25 Sec. 3.18. "Executive Director" means the executive
26 director of the Illinois Gambling Racing Board.
27 (Source: P.A. 84-531.)
28 (230 ILCS 5/9) (from Ch. 8, par. 37-9)
29 Sec. 9. The Board shall have all powers necessary and
30 proper to fully and effectively execute the provisions of
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1 this Act, including, but not limited to, the following:
2 (a) The Board is vested with jurisdiction and
3 supervision over all race meetings in this State, over all
4 licensees doing business in this State, over all occupation
5 licensees, and over all persons on the facilities of any
6 licensee. Such jurisdiction shall include the power to issue
7 licenses to the Illinois Department of Agriculture
8 authorizing the pari-mutuel system of wagering on harness and
9 Quarter Horse races held (1) at the Illinois State Fair in
10 Sangamon County, and (2) at the DuQuoin State Fair in Perry
11 County. The jurisdiction of the Board shall also include the
12 power to issue licenses to county fairs which are eligible to
13 receive funds pursuant to the Agricultural Fair Act, as now
14 or hereafter amended, or their agents, authorizing the
15 pari-mutuel system of wagering on horse races conducted at
16 the county fairs receiving such licenses. Such licenses
17 shall be governed by subsection (n) of this Section.
18 Upon application, the Board shall issue a license to the
19 Illinois Department of Agriculture to conduct harness and
20 Quarter Horse races at the Illinois State Fair and at the
21 DuQuoin State Fairgrounds during the scheduled dates of each
22 fair. The Board shall not require and the Department of
23 Agriculture shall be exempt from the requirements of Sections
24 15.3, 18 and 19, paragraphs (a)(2), (b), (c), (d), (e),
25 (e-5), (e-10), (f), (g), and (h) of Section 20, and Sections
26 21, 24 and 25. The Board and the Department of Agriculture
27 may extend any or all of these exemptions to any contractor
28 or agent engaged by the Department of Agriculture to conduct
29 its race meetings when the Board determines that this would
30 best serve the public interest and the interest of horse
31 racing.
32 Notwithstanding any provision of law to the contrary, it
33 shall be lawful for any licensee to operate pari-mutuel
34 wagering or contract with the Department of Agriculture to
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1 operate pari-mutuel wagering at the DuQuoin State Fairgrounds
2 or for the Department to enter into contracts with a
3 licensee, employ its owners, employees or agents and employ
4 such other occupation licensees as the Department deems
5 necessary in connection with race meetings and wagerings.
6 (b) The Board is vested with the full power to
7 promulgate reasonable rules and regulations for the purpose
8 of administering the provisions of this Act and to prescribe
9 reasonable rules, regulations and conditions under which all
10 horse race meetings or wagering in the State shall be
11 conducted. Such reasonable rules and regulations are to
12 provide for the prevention of practices detrimental to the
13 public interest and to promote the best interests of horse
14 racing and to impose penalties for violations thereof.
15 (c) The Board, and any person or persons to whom it
16 delegates this power, is vested with the power to enter the
17 facilities and other places of business of any licensee to
18 determine whether there has been compliance with the
19 provisions of this Act and its rules and regulations.
20 (d) The Board, and any person or persons to whom it
21 delegates this power, is vested with the authority to
22 investigate alleged violations of the provisions of this Act,
23 its reasonable rules and regulations, orders and final
24 decisions; the Board shall take appropriate disciplinary
25 action against any licensee or occupation licensee for
26 violation thereof or institute appropriate legal action for
27 the enforcement thereof.
28 (e) The Board, and any person or persons to whom it
29 delegates this power, may eject or exclude from any race
30 meeting or the facilities of any licensee, or any part
31 thereof, any occupation licensee or any other individual
32 whose conduct or reputation is such that his presence on
33 those facilities may, in the opinion of the Board, call into
34 question the honesty and integrity of horse racing or
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1 wagering or interfere with the orderly conduct of horse
2 racing or wagering; provided, however, that no person shall
3 be excluded or ejected from the facilities of any licensee
4 solely on the grounds of race, color, creed, national origin,
5 ancestry, or sex. The power to eject or exclude an
6 occupation licensee or other individual may be exercised for
7 just cause by the licensee or the Board, subject to
8 subsequent hearing by the Board as to the propriety of said
9 exclusion.
10 (f) The Board is vested with the power to acquire,
11 establish, maintain and operate (or provide by contract to
12 maintain and operate) testing laboratories and related
13 facilities, for the purpose of conducting saliva, blood,
14 urine and other tests on the horses run or to be run in any
15 horse race meeting and to purchase all equipment and supplies
16 deemed necessary or desirable in connection with any such
17 testing laboratories and related facilities and all such
18 tests.
19 (g) The Board may require that the records, including
20 financial or other statements of any licensee or any person
21 affiliated with the licensee who is involved directly or
22 indirectly in the activities of any licensee as regulated
23 under this Act to the extent that those financial or other
24 statements relate to such activities be kept in such manner
25 as prescribed by the Board, and that Board employees shall
26 have access to those records during reasonable business
27 hours. Within 120 days of the end of its fiscal year, each
28 licensee shall transmit to the Board an audit of the
29 financial transactions and condition of the licensee's total
30 operations. All audits shall be conducted by certified
31 public accountants. Each certified public accountant must be
32 registered in the State of Illinois under the Illinois Public
33 Accounting Act. The compensation for each certified public
34 accountant shall be paid directly by the licensee to the
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1 certified public accountant. A licensee shall also submit
2 any other financial or related information the Board deems
3 necessary to effectively administer this Act and all rules,
4 regulations, and final decisions promulgated under this Act.
5 (h) The Board shall name and appoint in the manner
6 provided by the rules and regulations of the Board: an
7 Executive Director; a State director of mutuels; State
8 veterinarians and representatives to take saliva, blood,
9 urine and other tests on horses; licensing personnel; revenue
10 inspectors; and State seasonal employees (excluding admission
11 ticket sellers and mutuel clerks). All of those named and
12 appointed as provided in this subsection shall serve during
13 the pleasure of the Board; their compensation shall be
14 determined by the Board and be paid in the same manner as
15 other employees of the Board under this Act.
16 (i) The Board shall require that there shall be 3
17 stewards at each horse race meeting, at least 2 of whom shall
18 be named and appointed by the Board. Stewards appointed or
19 approved by the Board, while performing duties required by
20 this Act or by the Board, shall be entitled to the same
21 rights and immunities as granted to Board members and Board
22 employees in Section 10 of this Act.
23 (j) The Board may discharge any Board employee who fails
24 or refuses for any reason to comply with the rules and
25 regulations of the Board, or who, in the opinion of the
26 Board, is guilty of fraud, dishonesty or who is proven to be
27 incompetent. The Board shall have no right or power to
28 determine who shall be officers, directors or employees of
29 any licensee, or their salaries except the Board may, by
30 rule, require that all or any officials or employees in
31 charge of or whose duties relate to the actual running of
32 races be approved by the Board.
33 (k) The Board is vested with the power to appoint
34 delegates to execute any of the powers granted to it under
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1 this Section for the purpose of administering this Act and
2 any rules or regulations promulgated in accordance with this
3 Act.
4 (l) The Board is vested with the power to impose civil
5 penalties of up to $5,000 against an individual and up to
6 $10,000 against a licensee for each violation of any
7 provision of this Act, any rules adopted by the Board, any
8 order of the Board or any other action which, in the Board's
9 discretion, is a detriment or impediment to horse racing or
10 wagering.
11 (m) The Board is vested with the power to prescribe a
12 form to be used by licensees as an application for employment
13 for employees of each licensee.
14 (n) The Board shall have the power to issue a license to
15 any county fair, or its agent, authorizing the conduct of the
16 pari-mutuel system of wagering. The Board is vested with the
17 full power to promulgate reasonable rules, regulations and
18 conditions under which all horse race meetings licensed
19 pursuant to this subsection shall be held and conducted,
20 including rules, regulations and conditions for the conduct
21 of the pari-mutuel system of wagering. The rules,
22 regulations and conditions shall provide for the prevention
23 of practices detrimental to the public interest and for the
24 best interests of horse racing, and shall prescribe penalties
25 for violations thereof. Any authority granted the Board
26 under this Act shall extend to its jurisdiction and
27 supervision over county fairs, or their agents, licensed
28 pursuant to this subsection. However, the Board may waive
29 any provision of this Act or its rules or regulations which
30 would otherwise apply to such county fairs or their agents.
31 (o) Whenever the Board is authorized or required by law
32 to consider some aspect of criminal history record
33 information for the purpose of carrying out its statutory
34 powers and responsibilities, then, upon request and payment
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1 of fees in conformance with the requirements of Section
2 2605-400 of the Department of State Police Law (20 ILCS
3 2605/2605-400), the Department of State Police is authorized
4 to furnish, pursuant to positive identification, such
5 information contained in State files as is necessary to
6 fulfill the request.
7 (p) To insure the convenience, comfort, and wagering
8 accessibility of race track patrons, to provide for the
9 maximization of State revenue, and to generate increases in
10 purse allotments to the horsemen, the Board shall require any
11 licensee to staff the pari-mutuel department with adequate
12 personnel.
13 (Source: P.A. 91-239, eff. 1-1-00.)
14 (230 ILCS 5/15.3) (from Ch. 8, par. 37-15.3)
15 Sec. 15.3. Any person who makes application for an
16 employment position as a pari-mutuel clerk, parking attendant
17 or security guard with a licensee, where such position would
18 involve work conducted in whole or in part at a wagering
19 facility within this State shall be required to fill out an
20 employment application form prescribed by the Illinois Racing
21 Board. Such application form shall require the applicant to
22 state the following:
23 (a) whether the applicant has ever been convicted of a
24 felony offense under the laws of this State, the laws of any
25 other state, or the laws of the United States;
26 (b) whether the applicant has ever been convicted of a
27 misdemeanor offense under the laws of this State, the laws of
28 any other state, or the laws of the United States, which
29 offense involved dishonesty, fraud, deception or moral
30 turpitude;
31 (c) whether the applicant has ever been excluded by the
32 Board or any other jurisdiction where wagering is conducted;
33 (d) whether the applicant has ever committed an act of
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1 touting, bookmaking, theft, or fraud, as those terms are
2 defined in Section 15.2 of this Act; and
3 (e) any other information that the Board may deem
4 necessary to carry out the purposes of Public Act 84-1468.
5 The applicant shall sign the application form and certify
6 that, under the penalties of perjury of this State, the
7 statements set forth in the application form are true and
8 correct.
9 The licensee shall, upon its decision to hire the
10 applicant, forward a copy of the application form to the
11 Board. The Board shall review the application form
12 immediately upon receipt.
13 The Board's review of the application form shall include
14 an inquiry as to whether the applicant has been accused of
15 any of the acts prohibited under Section 15.2 of this Act
16 and, if the Board does find that the applicant has been so
17 accused, it shall conduct an investigation to determine
18 whether, by a standard of reasonable certainty, the applicant
19 committed the act. If the Board determines that the applicant
20 did commit any of the acts prohibited under that Section, it
21 may exclude the applicant or declare that the applicant is
22 ineligible for employment.
23 The Board may declare an applicant ineligible for
24 employment if it finds that the applicant has been previously
25 excluded by the Board. In making such a declaration, the
26 Board shall consider: (a) the reasons the applicant had been
27 previously excluded; (b) the period of time that has elapsed
28 since the applicant was excluded; and (c) how the previous
29 exclusion relates to the applicant's ability to perform the
30 duties of the employment position for which he or she is
31 applying.
32 When the Board excludes an applicant or declares an
33 applicant ineligible for employment, it shall immediately
34 notify such applicant and the licensee of its action. A
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1 person so excluded or declared ineligible for employment may
2 request a hearing before the Board in accordance with Section
3 16 of this Act.
4 No licensee may employ a pari-mutuel clerk, parking
5 attendant or security guard at a wagering facility after such
6 licensee has been notified that such person has been declared
7 ineligible by the Board.
8 Nothing herein shall be construed to limit the Board's
9 exclusionary authority under Section 16.
10 Sections 15.2 and 15.3 of this Act shall apply to any
11 person who holds an employment position as a pari-mutuel
12 clerk, parking attendant, or security guard subsequent to
13 July 1, 1987 with a licensee. All such employees employed
14 prior to July 1, 1987 shall be required to file employment
15 applications with the Board, and the information required
16 under subparagraphs (a) through (e) of this Section
17 pertaining to conduct or activities prior to July 1, 1987
18 shall only be used by the Board in its determination to
19 exclude an applicant or its declaration that an applicant is
20 ineligible for employment based on conduct that occurs after
21 July 1, 1987.
22 (Source: P.A. 89-16, eff. 5-30-95.)
23 (230 ILCS 5/18) (from Ch. 8, par. 37-18)
24 Sec. 18. (a) Together with its application, each
25 applicant for racing dates shall deliver to the Board a
26 certified check or bank draft payable to the order of the
27 Board for $1,000. In the event the applicant applies for
28 racing dates in 2 or 3 successive calendar years as provided
29 in subsection (b) of Section 21, the fee shall be $2,000.
30 Filing fees shall not be refunded in the event the
31 application is denied.
32 (b) In addition to the filing fee of $1000 and the fees
33 provided in subsection (j) of Section 20, each organization
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1 licensee shall pay a license fee of $100 for each racing
2 program on which its daily pari-mutuel handle is $400,000 or
3 more but less than $700,000, and a license fee of $200 for
4 each racing program on which its daily pari-mutuel handle is
5 $700,000 or more. The additional fees required to be paid
6 under this Section by this amendatory Act of 1982 shall be
7 remitted by the organization licensee to the Illinois Racing
8 Board with each day's graduated privilege tax or pari-mutuel
9 tax and breakage as provided under Section 27.
10 (c) Sections 11-42-1, 11-42-5, and 11-54-1 of the
11 "Illinois Municipal Code," approved May 29, 1961, as now or
12 hereafter amended, shall not apply to any license under this
13 Act.
14 (Source: P.A. 91-40, eff. 6-25-99.)
15 (230 ILCS 5/20) (from Ch. 8, par. 37-20)
16 Sec. 20. (a) Any person desiring to conduct a horse race
17 meeting may apply to the Board for an organization license.
18 The application shall be made on a form prescribed and
19 furnished by the Board. The application shall specify:
20 (1) the dates on which it intends to conduct the
21 horse race meeting, which dates shall be provided under
22 Section 21;
23 (2) the hours of each racing day between which it
24 intends to hold or conduct horse racing at such meeting;
25 (3) the location where it proposes to conduct the
26 meeting; and
27 (4) any other information the Board may reasonably
28 require.
29 (b) A separate application for an organization license
30 shall be filed for each horse race meeting which such person
31 proposes to hold. Any such application, if made by an
32 individual, or by any individual as trustee, shall be signed
33 and verified under oath by such individual. If made by
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1 individuals or a partnership, it shall be signed and verified
2 under oath by at least 2 of such individuals or members of
3 such partnership as the case may be. If made by an
4 association, corporation, corporate trustee or any other
5 entity, it shall be signed by the president and attested by
6 the secretary or assistant secretary under the seal of such
7 association, trust or corporation if it has a seal, and shall
8 also be verified under oath by one of the signing officers.
9 (c) The application shall specify the name of the
10 persons, association, trust, or corporation making such
11 application and the post office address of the applicant; if
12 the applicant is a trustee, the names and addresses of the
13 beneficiaries; if a corporation, the names and post office
14 addresses of all officers, stockholders and directors; or if
15 such stockholders hold stock as a nominee or fiduciary, the
16 names and post office addresses of these persons,
17 partnerships, corporations, or trusts who are the beneficial
18 owners thereof or who are beneficially interested therein;
19 and if a partnership, the names and post office addresses of
20 all partners, general or limited; if the applicant is a
21 corporation, the name of the state of its incorporation shall
22 be specified.
23 (d) The applicant shall execute and file with the Board
24 a good faith affirmative action plan to recruit, train, and
25 upgrade minorities in all classifications within the
26 association.
27 (e) With such application there shall be delivered to
28 the Board a certified check or bank draft payable to the
29 order of the Board for an amount equal to $1,000. All
30 applications for the issuance of an organization license
31 shall be filed with the Board before August 1 of the year
32 prior to the year for which application is made and shall be
33 acted upon by the Board at a meeting to be held on such date
34 as shall be fixed by the Board during the last 15 days of
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1 September of such prior year. At such meeting, the Board
2 shall announce the award of the racing meets, live racing
3 schedule, and designation of host track to the applicants and
4 its approval or disapproval of each application. No
5 announcement shall be considered binding until a formal order
6 is executed by the Board, which shall be executed no later
7 than October 15 of that prior year. Absent the agreement of
8 the affected organization licensees, the Board shall not
9 grant overlapping race meetings to 2 or more tracks that are
10 within 100 miles of each other to conduct the thoroughbred
11 racing.
12 (e-5) In reviewing an application for the purpose of
13 granting an organization license consistent with the best
14 interests of the public and the sport of horse racing, the
15 Board shall consider:
16 (1) the character, reputation, experience, and
17 financial integrity of the applicant and of any other
18 separate person that either:
19 (i) controls the applicant, directly or
20 indirectly, or
21 (ii) is controlled, directly or indirectly, by
22 that applicant or by a person who controls, directly
23 or indirectly, that applicant;
24 (2) the applicant's facilities or proposed
25 facilities for conducting horse racing;
26 (3) the total revenue without regard to Section
27 32.1 to be derived by the State and horsemen from the
28 applicant's conducting a race meeting;
29 (4) the applicant's good faith affirmative action
30 plan to recruit, train, and upgrade minorities in all
31 employment classifications;
32 (5) the applicant's financial ability to purchase
33 and maintain adequate liability and casualty insurance;
34 (6) the applicant's proposed and prior year's
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1 promotional and marketing activities and expenditures of
2 the applicant associated with those activities;
3 (7) an agreement, if any, among organization
4 licensees as provided in subsection (b) of Section 21 of
5 this Act; and
6 (8) the extent to which the applicant exceeds or
7 meets other standards for the issuance of an organization
8 license that the Board shall adopt by rule.
9 In granting organization licenses and allocating dates
10 for horse race meetings, the Board shall have discretion to
11 determine an overall schedule, including required simulcasts
12 of Illinois races by host tracks that will, in its judgment,
13 be conducive to the best interests of the public and the
14 sport of horse racing.
15 (e-10) The Illinois Administrative Procedure Act shall
16 apply to administrative procedures of the Board under this
17 Act for the granting of an organization license, except that
18 (1) notwithstanding the provisions of subsection (b) of
19 Section 10-40 of the Illinois Administrative Procedure Act
20 regarding cross-examination, the Board may prescribe rules
21 limiting the right of an applicant or participant in any
22 proceeding to award an organization license to conduct
23 cross-examination of witnesses at that proceeding where that
24 cross-examination would unduly obstruct the timely award of
25 an organization license under subsection (e) of Section 20 of
26 this Act; (2) the provisions of Section 10-45 of the Illinois
27 Administrative Procedure Act regarding proposals for decision
28 are excluded under this Act; (3) notwithstanding the
29 provisions of subsection (a) of Section 10-60 of the Illinois
30 Administrative Procedure Act regarding ex parte
31 communications, the Board may prescribe rules allowing ex
32 parte communications with applicants or participants in a
33 proceeding to award an organization license where conducting
34 those communications would be in the best interest of racing,
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1 provided all those communications are made part of the record
2 of that proceeding pursuant to subsection (c) of Section
3 10-60 of the Illinois Administrative Procedure Act; (4) the
4 provisions of Section 75 14a of Illinois Gambling Board this
5 Act and the rules of the Board promulgated under that Section
6 shall apply instead of the provisions of Article 10 of the
7 Illinois Administrative Procedure Act regarding
8 administrative law judges; and (5) the provisions of
9 subsection (d) of Section 10-65 of the Illinois
10 Administrative Procedure Act that prevent summary suspension
11 of a license pending revocation or other action shall not
12 apply.
13 (f) The Board may allot racing dates to an organization
14 licensee for more than one calendar year but for no more than
15 3 successive calendar years in advance, provided that the
16 Board shall review such allotment for more than one calendar
17 year prior to each year for which such allotment has been
18 made. The granting of an organization license to a person
19 constitutes a privilege to conduct a horse race meeting under
20 the provisions of this Act, and no person granted an
21 organization license shall be deemed to have a vested
22 interest, property right, or future expectation to receive an
23 organization license in any subsequent year as a result of
24 the granting of an organization license. Organization
25 licenses shall be subject to revocation if the organization
26 licensee has violated any provision of this Act or the rules
27 and regulations promulgated under this Act or has been
28 convicted of a crime or has failed to disclose or has stated
29 falsely any information called for in the application for an
30 organization license. Any organization license revocation
31 proceeding shall be in accordance with Section 16 regarding
32 suspension and revocation of occupation licenses.
33 (f-5) If, (i) an applicant does not file an acceptance
34 of the racing dates awarded by the Board as required under
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1 part (1) of subsection (h) of this Section 20, or (ii) an
2 organization licensee has its license suspended or revoked
3 under this Act, the Board, upon conducting an emergency
4 hearing as provided for in this Act, may reaward on an
5 emergency basis pursuant to rules established by the Board,
6 racing dates not accepted or the racing dates associated with
7 any suspension or revocation period to one or more
8 organization licensees, new applicants, or any combination
9 thereof, upon terms and conditions that the Board determines
10 are in the best interest of racing, provided, the
11 organization licensees or new applicants receiving the
12 awarded racing dates file an acceptance of those reawarded
13 racing dates as required under paragraph (1) of subsection
14 (h) of this Section 20 and comply with the other provisions
15 of this Act. The Illinois Administrative Procedure
16 Procedures Act shall not apply to the administrative
17 procedures of the Board in conducting the emergency hearing
18 and the reallocation of racing dates on an emergency basis.
19 (g) (Blank).
20 (h) The Board shall send the applicant a copy of its
21 formally executed order by certified mail addressed to the
22 applicant at the address stated in his application, which
23 notice shall be mailed within 5 days of the date the formal
24 order is executed.
25 Each applicant notified shall, within 10 days after
26 receipt of the final executed order of the Board awarding
27 racing dates:
28 (1) file with the Board an acceptance of such award
29 in the form prescribed by the Board;
30 (2) pay to the Board an additional amount equal to
31 $110 for each racing date awarded; and
32 (3) file with the Board the bonds required in
33 Sections 21 and 25 at least 20 days prior to the first
34 day of each race meeting.
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1 Upon compliance with the provisions of paragraphs (1), (2),
2 and (3) of this subsection (h), the applicant shall be issued
3 an organization license.
4 If any applicant fails to comply with this Section or
5 fails to pay the organization license fees herein provided,
6 no organization license shall be issued to such applicant.
7 (Source: P.A. 91-40, eff. 6-25-99.)
8 (230 ILCS 5/26) (from Ch. 8, par. 37-26)
9 Sec. 26. Wagering.
10 (a) Any licensee may conduct and supervise the
11 pari-mutuel system of wagering, as defined in Section 3.12 of
12 this Act, on horse races conducted by an Illinois
13 organization licensee or conducted at a racetrack located in
14 another state or country and televised in Illinois in
15 accordance with subsection (g) of Section 26 of this Act.
16 Subject to the prior consent of the Board, licensees may
17 supplement any pari-mutuel pool in order to guarantee a
18 minimum distribution. Such pari-mutuel method of wagering
19 shall not, under any circumstances if conducted under the
20 provisions of this Act, be held or construed to be unlawful,
21 other statutes of this State to the contrary notwithstanding.
22 Subject to rules for advance wagering promulgated by the
23 Board, any licensee may accept wagers in advance of the day
24 of the race wagered upon occurs.
25 (b) No other method of betting, pool making, wagering or
26 gambling shall be used or permitted by the licensee. Each
27 licensee may retain, subject to the payment of all applicable
28 taxes and purses, an amount not to exceed 17% of all money
29 wagered under subsection (a) of this Section, except as may
30 otherwise be permitted under this Act.
31 (b-5) An individual may place a wager under the
32 pari-mutuel system from any licensed location authorized
33 under this Act provided that wager is electronically recorded
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1 in the manner described in Section 3.12 of this Act. Any
2 wager made electronically by an individual while physically
3 on the premises of a licensee shall be deemed to have been
4 made at the premises of that licensee.
5 (c) Until January 1, 2000, the sum held by any licensee
6 for payment of outstanding pari-mutuel tickets, if unclaimed
7 prior to December 31 of the next year, shall be retained by
8 the licensee for payment of such tickets until that date.
9 Within 10 days thereafter, the balance of such sum remaining
10 unclaimed, less any uncashed supplements contributed by such
11 licensee for the purpose of guaranteeing minimum
12 distributions of any pari-mutuel pool, shall be paid to the
13 Illinois Veterans' Rehabilitation Fund of the State treasury,
14 except as provided in subsection (g) of Section 27 of this
15 Act.
16 (c-5) Beginning January 1, 2000, the sum held by any
17 licensee for payment of outstanding pari-mutuel tickets, if
18 unclaimed prior to December 31 of the next year, shall be
19 retained by the licensee for payment of such tickets until
20 that date. Within 10 days thereafter, the balance of such
21 sum remaining unclaimed, less any uncashed supplements
22 contributed by such licensee for the purpose of guaranteeing
23 minimum distributions of any pari-mutuel pool, shall be
24 evenly distributed to the purse account of the organization
25 licensee and the organization licensee.
26 (d) A pari-mutuel ticket shall be honored until December
27 31 of the next calendar year, and the licensee shall pay the
28 same and may charge the amount thereof against unpaid money
29 similarly accumulated on account of pari-mutuel tickets not
30 presented for payment.
31 (e) No licensee shall knowingly permit any minor, other
32 than an employee of such licensee or an owner, trainer,
33 jockey, driver, or employee thereof, to be admitted during a
34 racing program unless accompanied by a parent or guardian, or
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1 any minor to be a patron of the pari-mutuel system of
2 wagering conducted or supervised by it. The admission of any
3 unaccompanied minor, other than an employee of the licensee
4 or an owner, trainer, jockey, driver, or employee thereof at
5 a race track is a Class C misdemeanor.
6 (f) Notwithstanding the other provisions of this Act, an
7 organization licensee may contract with an entity in another
8 state or country to permit any legal wagering entity in
9 another state or country to accept wagers solely within such
10 other state or country on races conducted by the organization
11 licensee in this State. Beginning January 1, 2000, these
12 wagers shall not be subject to State taxation. Until January
13 1, 2000, when the out-of-State entity conducts a pari-mutuel
14 pool separate from the organization licensee, a privilege tax
15 equal to 7 1/2% of all monies received by the organization
16 licensee from entities in other states or countries pursuant
17 to such contracts is imposed on the organization licensee,
18 and such privilege tax shall be remitted to the Department of
19 Revenue within 48 hours of receipt of the moneys from the
20 simulcast. When the out-of-State entity conducts a combined
21 pari-mutuel pool with the organization licensee, the tax
22 shall be 10% of all monies received by the organization
23 licensee with 25% of the receipts from this 10% tax to be
24 distributed to the county in which the race was conducted.
25 An organization licensee may permit one or more of its
26 races to be utilized for pari-mutuel wagering at one or more
27 locations in other states and may transmit audio and visual
28 signals of races the organization licensee conducts to one or
29 more locations outside the State or country and may also
30 permit pari-mutuel pools in other states or countries to be
31 combined with its gross or net wagering pools or with
32 wagering pools established by other states.
33 (g) A host track may accept interstate simulcast wagers
34 on horse races conducted in other states or countries and
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1 shall control the number of signals and types of breeds of
2 racing in its simulcast program, subject to the disapproval
3 of the Board. The Board may prohibit a simulcast program
4 only if it finds that the simulcast program is clearly
5 adverse to the integrity of racing. The host track simulcast
6 program shall include the signal of live racing of all
7 organization licensees. All non-host licensees shall carry
8 the host track simulcast program and accept wagers on all
9 races included as part of the simulcast program upon which
10 wagering is permitted. The costs and expenses of the host
11 track and non-host licensees associated with interstate
12 simulcast wagering, other than the interstate commission fee,
13 shall be borne by the host track and all non-host licensees
14 incurring these costs. The interstate commission fee shall
15 not exceed 5% of Illinois handle on the interstate simulcast
16 race or races without prior approval of the Board. The Board
17 shall promulgate rules under which it may permit interstate
18 commission fees in excess of 5%. The interstate commission
19 fee and other fees charged by the sending racetrack,
20 including, but not limited to, satellite decoder fees, shall
21 be uniformly applied to the host track and all non-host
22 licensees.
23 (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
24 intertrack wagering licensee other than the host track
25 may supplement the host track simulcast program with
26 additional simulcast races or race programs, provided
27 that between January 1 and the third Friday in February
28 of any year, inclusive, if no live thoroughbred racing is
29 occurring in Illinois during this period, only
30 thoroughbred races may be used for supplemental
31 interstate simulcast purposes. The Board shall withhold
32 approval for a supplemental interstate simulcast only if
33 it finds that the simulcast is clearly adverse to the
34 integrity of racing. A supplemental interstate simulcast
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1 may be transmitted from an intertrack wagering licensee
2 to its affiliated non-host licensees. The interstate
3 commission fee for a supplemental interstate simulcast
4 shall be paid by the non-host licensee and its affiliated
5 non-host licensees receiving the simulcast.
6 (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
7 intertrack wagering licensee other than the host track
8 may receive supplemental interstate simulcasts only with
9 the consent of the host track, except when the Board
10 finds that the simulcast is clearly adverse to the
11 integrity of racing. Consent granted under this
12 paragraph (2) to any intertrack wagering licensee shall
13 be deemed consent to all non-host licensees. The
14 interstate commission fee for the supplemental interstate
15 simulcast shall be paid by all participating non-host
16 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
24 for the purpose of determining the daily handle and
25 computing the privilege tax of that daily handle as
26 provided in subsection (a) of Section 27. Until January
27 1, 2000, from the sums permitted to be retained pursuant
28 to this subsection, each intertrack wagering location
29 licensee shall pay 1% of the pari-mutuel handle wagered
30 on simulcast wagering to the Horse Racing Tax Allocation
31 Fund, subject to the provisions of subparagraph (B) of
32 paragraph (11) of subsection (h) of Section 26 of this
33 Act.
34 (4) A licensee who receives an interstate simulcast
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1 may combine its gross or net pools with pools at the
2 sending racetracks pursuant to rules established by the
3 Board. All licensees combining their gross pools at a
4 sending racetrack shall adopt the take-out percentages of
5 the sending racetrack. A licensee may also establish a
6 separate pool and takeout structure for wagering purposes
7 on races conducted at race tracks outside of the State of
8 Illinois. The licensee may permit pari-mutuel wagers
9 placed in other states or countries to be combined with
10 its gross or net wagering pools or other wagering pools.
11 (5) After the payment of the interstate commission
12 fee (except for the interstate commission fee on a
13 supplemental interstate simulcast, which shall be paid by
14 the host track and by each non-host licensee through the
15 host-track) and all applicable State and local taxes,
16 except as provided in subsection (g) of Section 27 of
17 this Act, the remainder of moneys retained from simulcast
18 wagering pursuant to this subsection (g), and Section
19 26.2 shall be divided as follows:
20 (A) For interstate simulcast wagers made at a
21 host track, 50% to the host track and 50% to purses
22 at the host track.
23 (B) For wagers placed on interstate simulcast
24 races, supplemental simulcasts as defined in
25 subparagraphs (1) and (2), and separately pooled
26 races conducted outside of the State of Illinois
27 made at a non-host licensee, 25% to the host track,
28 25% to the non-host licensee, and 50% to the purses
29 at the host track.
30 (6) Notwithstanding any provision in this Act to
31 the contrary, non-host licensees who derive their
32 licenses from a track located in a county with a
33 population in excess of 230,000 and that borders the
34 Mississippi River may receive supplemental interstate
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1 simulcast races at all times subject to Board approval,
2 which shall be withheld only upon a finding that a
3 supplemental interstate simulcast is clearly adverse to
4 the integrity of racing.
5 (7) Notwithstanding any provision of this Act to
6 the contrary, after payment of all applicable State and
7 local taxes and interstate commission fees, non-host
8 licensees who derive their licenses from a track located
9 in a county with a population in excess of 230,000 and
10 that borders the Mississippi River shall retain 50% of
11 the retention from interstate simulcast wagers and shall
12 pay 50% to purses at the track from which the non-host
13 licensee derives its license as follows:
14 (A) Between January 1 and the third Friday in
15 February, inclusive, if no live thoroughbred racing
16 is occurring in Illinois during this period, when
17 the interstate simulcast is a standardbred race, the
18 purse share to its standardbred purse account;
19 (B) Between January 1 and the third Friday in
20 February, inclusive, if no live thoroughbred racing
21 is occurring in Illinois during this period, and the
22 interstate simulcast is a thoroughbred race, the
23 purse share to its interstate simulcast purse pool
24 to be distributed under paragraph (10) of this
25 subsection (g);
26 (C) Between January 1 and the third Friday in
27 February, inclusive, if live thoroughbred racing is
28 occurring in Illinois, between 6:30 a.m. and 6:30
29 p.m. the purse share from wagers made during this
30 time period to its thoroughbred purse account and
31 between 6:30 p.m. and 6:30 a.m. the purse share from
32 wagers made during this time period to its
33 standardbred purse accounts;
34 (D) Between the third Saturday in February and
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1 December 31, when the interstate simulcast occurs
2 between the hours of 6:30 a.m. and 6:30 p.m., the
3 purse share to its thoroughbred purse account;
4 (E) Between the third Saturday in February and
5 December 31, when the interstate simulcast occurs
6 between the hours of 6:30 p.m. and 6:30 a.m., the
7 purse share to its standardbred purse account.
8 (8) Notwithstanding any provision in this Act to
9 the contrary, an organization licensee from a track
10 located in a county with a population in excess of
11 230,000 and that borders the Mississippi River and its
12 affiliated non-host licensees shall not be entitled to
13 share in any retention generated on racing, inter-track
14 wagering, or simulcast wagering at any other Illinois
15 wagering facility.
16 (8.1) Notwithstanding any provisions in this Act to
17 the contrary, if 2 organization licensees are conducting
18 standardbred race meetings concurrently between the hours
19 of 6:30 p.m. and 6:30 a.m., after payment of all
20 applicable State and local taxes and interstate
21 commission fees, the remainder of the amount retained
22 from simulcast wagering otherwise attributable to the
23 host track and to host track purses shall be split daily
24 between the 2 organization licensees and the purses at
25 the tracks of the 2 organization licensees, respectively,
26 based on each organization licensee's share of the total
27 live handle for that day, provided that this provision
28 shall not apply to any non-host licensee that derives its
29 license from a track located in a county with a
30 population in excess of 230,000 and that borders the
31 Mississippi River.
32 (9) (Blank).
33 (10) (Blank).
34 (11) (Blank).
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1 (12) The Board shall have authority to compel all
2 host tracks to receive the simulcast of any or all races
3 conducted at the Springfield or DuQuoin State fairgrounds
4 and include all such races as part of their simulcast
5 programs.
6 (13) Notwithstanding any other provision of this
7 Act, in the event that the total Illinois pari-mutuel
8 handle on Illinois horse races at all wagering facilities
9 in any calendar year is less than 75% of the total
10 Illinois pari-mutuel handle on Illinois horse races at
11 all such wagering facilities for calendar year 1994, then
12 each wagering facility that has an annual total Illinois
13 pari-mutuel handle on Illinois horse races that is less
14 than 75% of the total Illinois pari-mutuel handle on
15 Illinois horse races at such wagering facility for
16 calendar year 1994, shall be permitted to receive, from
17 any amount otherwise payable to the purse account at the
18 race track with which the wagering facility is affiliated
19 in the succeeding calendar year, an amount equal to 2% of
20 the differential in total Illinois pari-mutuel handle on
21 Illinois horse races at the wagering facility between
22 that calendar year in question and 1994 provided,
23 however, that a wagering facility shall not be entitled
24 to any such payment until the Board certifies in writing
25 to the wagering facility the amount to which the wagering
26 facility is entitled and a schedule for payment of the
27 amount to the wagering facility, based on: (i) the racing
28 dates awarded to the race track affiliated with the
29 wagering facility during the succeeding year; (ii) the
30 sums available or anticipated to be available in the
31 purse account of the race track affiliated with the
32 wagering facility for purses during the succeeding year;
33 and (iii) the need to ensure reasonable purse levels
34 during the payment period. The Board's certification
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1 shall be provided no later than January 31 of the
2 succeeding year. In the event a wagering facility
3 entitled to a payment under this paragraph (13) is
4 affiliated with a race track that maintains purse
5 accounts for both standardbred and thoroughbred racing,
6 the amount to be paid to the wagering facility shall be
7 divided between each purse account pro rata, based on the
8 amount of Illinois handle on Illinois standardbred and
9 thoroughbred racing respectively at the wagering facility
10 during the previous calendar year. Annually, the General
11 Assembly shall appropriate sufficient funds from the
12 General Revenue Fund to the Department of Agriculture for
13 payment into the thoroughbred and standardbred horse
14 racing purse accounts at Illinois pari-mutuel tracks.
15 The amount paid to each purse account shall be the amount
16 certified by the Illinois Racing Board in January to be
17 transferred from each account to each eligible racing
18 facility in accordance with the provisions of this
19 Section.
20 (h) The Board may approve and license the conduct of
21 inter-track wagering and simulcast wagering by inter-track
22 wagering licensees and inter-track wagering location
23 licensees subject to the following terms and conditions:
24 (1) Any person licensed to conduct a race meeting
25 at a track where 60 or more days of racing were conducted
26 during the immediately preceding calendar year or where
27 over the 5 immediately preceding calendar years an
28 average of 30 or more days of racing were conducted
29 annually or at a track located in a county that is
30 bounded by the Mississippi River, which has a population
31 of less than 150,000 according to the 1990 decennial
32 census, and an average of at least 60 days of racing per
33 year between 1985 and 1993 may be issued an inter-track
34 wagering license. Any such person having operating
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1 control of the racing facility may also receive up to 6
2 inter-track wagering location licenses. In no event shall
3 more than 6 inter-track wagering locations be established
4 for each eligible race track, except that an eligible
5 race track located in a county that has a population of
6 more than 230,000 and that is bounded by the Mississippi
7 River may establish up to 7 inter-track wagering
8 locations. An application for said license shall be filed
9 with the Board prior to such dates as may be fixed by the
10 Board. With an application for an inter-track wagering
11 location license there shall be delivered to the Board a
12 certified check or bank draft payable to the order of the
13 Board for an amount equal to $500. The application shall
14 be on forms prescribed and furnished by the Board. The
15 application shall comply with all other rules,
16 regulations and conditions imposed by the Board in
17 connection therewith.
18 (2) The Board shall examine the applications with
19 respect to their conformity with this Act and the rules
20 and regulations imposed by the Board. If found to be in
21 compliance with the Act and rules and regulations of the
22 Board, the Board may then issue a license to conduct
23 inter-track wagering and simulcast wagering to such
24 applicant. All such applications shall be acted upon by
25 the Board at a meeting to be held on such date as may be
26 fixed by the Board.
27 (3) In granting licenses to conduct inter-track
28 wagering and simulcast wagering, the Board shall give due
29 consideration to the best interests of the public, of
30 horse racing, and of maximizing revenue to the State.
31 (4) Prior to the issuance of a license to conduct
32 inter-track wagering and simulcast wagering, the
33 applicant shall file with the Board a bond payable to the
34 State of Illinois in the sum of $50,000, executed by the
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1 applicant and a surety company or companies authorized to
2 do business in this State, and conditioned upon (i) the
3 payment by the licensee of all taxes due under Section 27
4 or 27.1 and any other monies due and payable under this
5 Act, and (ii) distribution by the licensee, upon
6 presentation of the winning ticket or tickets, of all
7 sums payable to the patrons of pari-mutuel pools.
8 (5) Each license to conduct inter-track wagering
9 and simulcast wagering shall specify the person to whom
10 it is issued, the dates on which such wagering is
11 permitted, and the track or location where the wagering
12 is to be conducted.
13 (6) All wagering under such license is subject to
14 this Act and to the rules and regulations from time to
15 time prescribed by the Board, and every such license
16 issued by the Board shall contain a recital to that
17 effect.
18 (7) An inter-track wagering licensee or inter-track
19 wagering location licensee may accept wagers at the track
20 or location where it is licensed, or as otherwise
21 provided under this Act.
22 (8) Inter-track wagering or simulcast wagering
23 shall not be conducted at any track less than 5 miles
24 from a track at which a racing meeting is in progress.
25 (8.1) Inter-track wagering location licensees who
26 derive their licenses from a particular organization
27 licensee shall conduct inter-track wagering and simulcast
28 wagering only at locations which are either within 90
29 miles of that race track where the particular
30 organization licensee is licensed to conduct racing, or
31 within 135 miles of that race track where the particular
32 organization licensee is licensed to conduct racing in
33 the case of race tracks in counties of less than 400,000
34 that were operating on or before June 1, 1986. However,
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1 inter-track wagering and simulcast wagering shall not be
2 conducted by those licensees at any location within 5
3 miles of any race track at which a horse race meeting has
4 been licensed in the current year, unless the person
5 having operating control of such race track has given its
6 written consent to such inter-track wagering location
7 licensees, which consent must be filed with the Board at
8 or prior to the time application is made.
9 (8.2) Inter-track wagering or simulcast wagering
10 shall not be conducted by an inter-track wagering
11 location licensee at any location within 500 feet of an
12 existing church or existing school, nor within 500 feet
13 of the residences of more than 50 registered voters
14 without receiving written permission from a majority of
15 the registered voters at such residences. Such written
16 permission statements shall be filed with the Board. The
17 distance of 500 feet shall be measured to the nearest
18 part of any building used for worship services, education
19 programs, residential purposes, or conducting inter-track
20 wagering by an inter-track wagering location licensee,
21 and not to property boundaries. However, inter-track
22 wagering or simulcast wagering may be conducted at a site
23 within 500 feet of a church, school or residences of 50
24 or more registered voters if such church, school or
25 residences have been erected or established, or such
26 voters have been registered, after the Board issues the
27 original inter-track wagering location license at the
28 site in question. Inter-track wagering location licensees
29 may conduct inter-track wagering and simulcast wagering
30 only in areas that are zoned for commercial or
31 manufacturing purposes or in areas for which a special
32 use has been approved by the local zoning authority.
33 However, no license to conduct inter-track wagering and
34 simulcast wagering shall be granted by the Board with
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1 respect to any inter-track wagering location within the
2 jurisdiction of any local zoning authority which has, by
3 ordinance or by resolution, prohibited the establishment
4 of an inter-track wagering location within its
5 jurisdiction. However, inter-track wagering and
6 simulcast wagering may be conducted at a site if such
7 ordinance or resolution is enacted after the Board
8 licenses the original inter-track wagering location
9 licensee for the site in question.
10 (9) (Blank).
11 (10) An inter-track wagering licensee or an
12 inter-track wagering location licensee may retain,
13 subject to the payment of the privilege taxes and the
14 purses, an amount not to exceed 17% of all money wagered.
15 Each program of racing conducted by each inter-track
16 wagering licensee or inter-track wagering location
17 licensee shall be considered a separate racing day for
18 the purpose of determining the daily handle and computing
19 the privilege tax or pari-mutuel tax on such daily handle
20 as provided in Section 27.
21 (10.1) Except as provided in subsection (g) of
22 Section 27 of this Act, inter-track wagering location
23 licensees shall pay 1% of the pari-mutuel handle at each
24 location to the municipality in which such location is
25 situated and 1% of the pari-mutuel handle at each
26 location to the county in which such location is
27 situated. In the event that an inter-track wagering
28 location licensee is situated in an unincorporated area
29 of a county, such licensee shall pay 2% of the
30 pari-mutuel handle from such location to such county.
31 (10.2) Notwithstanding any other provision of this
32 Act, with respect to intertrack wagering at a race track
33 located in a county that has a population of more than
34 230,000 and that is bounded by the Mississippi River
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1 ("the first race track"), or at a facility operated by an
2 inter-track wagering licensee or inter-track wagering
3 location licensee that derives its license from the
4 organization licensee that operates the first race track,
5 on races conducted at the first race track or on races
6 conducted at another Illinois race track and
7 simultaneously televised to the first race track or to a
8 facility operated by an inter-track wagering licensee or
9 inter-track wagering location licensee that derives its
10 license from the organization licensee that operates the
11 first race track, those moneys shall be allocated as
12 follows:
13 (A) That portion of all moneys wagered on
14 standardbred racing that is required under this Act
15 to be paid to purses shall be paid to purses for
16 standardbred races.
17 (B) That portion of all moneys wagered on
18 thoroughbred racing that is required under this Act
19 to be paid to purses shall be paid to purses for
20 thoroughbred races.
21 (11) (A) After payment of the privilege or
22 pari-mutuel tax, any other applicable taxes, and the
23 costs and expenses in connection with the gathering,
24 transmission, and dissemination of all data necessary to
25 the conduct of inter-track wagering, the remainder of the
26 monies retained under either Section 26 or Section 26.2
27 of this Act by the inter-track wagering licensee on
28 inter-track wagering shall be allocated with 50% to be
29 split between the 2 participating licensees and 50% to
30 purses, except that an intertrack wagering licensee that
31 derives its license from a track located in a county with
32 a population in excess of 230,000 and that borders the
33 Mississippi River shall not divide any remaining
34 retention with the Illinois organization licensee that
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1 provides the race or races, and an intertrack wagering
2 licensee that accepts wagers on races conducted by an
3 organization licensee that conducts a race meet in a
4 county with a population in excess of 230,000 and that
5 borders the Mississippi River shall not divide any
6 remaining retention with that organization licensee.
7 (B) From the sums permitted to be retained pursuant
8 to this Act each inter-track wagering location licensee
9 shall pay (i) the privilege or pari-mutuel tax to the
10 State; (ii) 4.75% of the pari-mutuel handle on intertrack
11 wagering at such location on races as purses, except that
12 an intertrack wagering location licensee that derives its
13 license from a track located in a county with a
14 population in excess of 230,000 and that borders the
15 Mississippi River shall retain all purse moneys for its
16 own purse account consistent with distribution set forth
17 in this subsection (h), and intertrack wagering location
18 licensees that accept wagers on races conducted by an
19 organization licensee located in a county with a
20 population in excess of 230,000 and that borders the
21 Mississippi River shall distribute all purse moneys to
22 purses at the operating host track; (iii) until January
23 1, 2000, except as provided in subsection (g) of Section
24 27 of this Act, 1% of the pari-mutuel handle wagered on
25 inter-track wagering and simulcast wagering at each
26 inter-track wagering location licensee facility to the
27 Horse Racing Tax Allocation Fund, provided that, to the
28 extent the total amount collected and distributed to the
29 Horse Racing Tax Allocation Fund under this subsection
30 (h) during any calendar year exceeds the amount collected
31 and distributed to the Horse Racing Tax Allocation Fund
32 during calendar year 1994, that excess amount shall be
33 redistributed (I) to all inter-track wagering location
34 licensees, based on each licensee's pro-rata share of the
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1 total handle from inter-track wagering and simulcast
2 wagering for all inter-track wagering location licensees
3 during the calendar year in which this provision is
4 applicable; then (II) the amounts redistributed to each
5 inter-track wagering location licensee as described in
6 subpart (I) shall be further redistributed as provided in
7 subparagraph (B) of paragraph (5) of subsection (g) of
8 this Section 26 provided first, that the shares of those
9 amounts, which are to be redistributed to the host track
10 or to purses at the host track under subparagraph (B) of
11 paragraph (5) of subsection (g) of this Section 26 shall
12 be redistributed based on each host track's pro rata
13 share of the total inter-track wagering and simulcast
14 wagering handle at all host tracks during the calendar
15 year in question, and second, that any amounts
16 redistributed as described in part (I) to an inter-track
17 wagering location licensee that accepts wagers on races
18 conducted by an organization licensee that conducts a
19 race meet in a county with a population in excess of
20 230,000 and that borders the Mississippi River shall be
21 further redistributed as provided in subparagraphs (D)
22 and (E) of paragraph (7) of subsection (g) of this
23 Section 26, with the portion of that further
24 redistribution allocated to purses at that organization
25 licensee to be divided between standardbred purses and
26 thoroughbred purses based on the amounts otherwise
27 allocated to purses at that organization licensee during
28 the calendar year in question; and (iv) 8% of the
29 pari-mutuel handle on inter-track wagering wagered at
30 such location to satisfy all costs and expenses of
31 conducting its wagering. The remainder of the monies
32 retained by the inter-track wagering location licensee
33 shall be allocated 40% to the location licensee and 60%
34 to the organization licensee which provides the Illinois
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1 races to the location, except that an intertrack wagering
2 location licensee that derives its license from a track
3 located in a county with a population in excess of
4 230,000 and that borders the Mississippi River shall not
5 divide any remaining retention with the organization
6 licensee that provides the race or races and an
7 intertrack wagering location licensee that accepts wagers
8 on races conducted by an organization licensee that
9 conducts a race meet in a county with a population in
10 excess of 230,000 and that borders the Mississippi River
11 shall not divide any remaining retention with the
12 organization licensee. Notwithstanding the provisions of
13 clauses (ii) and (iv) of this paragraph, in the case of
14 the additional inter-track wagering location licenses
15 authorized under paragraph (1) of this subsection (h) by
16 this amendatory Act of 1991, those licensees shall pay
17 the following amounts as purses: during the first 12
18 months the licensee is in operation, 5.25% of the
19 pari-mutuel handle wagered at the location on races;
20 during the second 12 months, 5.25%; during the third 12
21 months, 5.75%; during the fourth 12 months, 6.25%; and
22 during the fifth 12 months and thereafter, 6.75%. The
23 following amounts shall be retained by the licensee to
24 satisfy all costs and expenses of conducting its
25 wagering: during the first 12 months the licensee is in
26 operation, 8.25% of the pari-mutuel handle wagered at the
27 location; during the second 12 months, 8.25%; during the
28 third 12 months, 7.75%; during the fourth 12 months,
29 7.25%; and during the fifth 12 months and thereafter,
30 6.75%. For additional intertrack wagering location
31 licensees authorized under this amendatory Act of 1995,
32 purses for the first 12 months the licensee is in
33 operation shall be 5.75% of the pari-mutuel wagered at
34 the location, purses for the second 12 months the
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1 licensee is in operation shall be 6.25%, and purses
2 thereafter shall be 6.75%. For additional intertrack
3 location licensees authorized under this amendatory Act
4 of 1995, the licensee shall be allowed to retain to
5 satisfy all costs and expenses: 7.75% of the pari-mutuel
6 handle wagered at the location during its first 12 months
7 of operation, 7.25% during its second 12 months of
8 operation, and 6.75% thereafter.
9 (C) There is hereby created the Horse Racing Tax
10 Allocation Fund which shall remain in existence until
11 December 31, 1999. Moneys remaining in the Fund after
12 December 31, 1999 shall be paid into the General Revenue
13 Fund. Until January 1, 2000, all monies paid into the
14 Horse Racing Tax Allocation Fund pursuant to this
15 paragraph (11) by inter-track wagering location licensees
16 located in park districts of 500,000 population or less,
17 or in a municipality that is not included within any park
18 district but is included within a conservation district
19 and is the county seat of a county that (i) is contiguous
20 to the state of Indiana and (ii) has a 1990 population of
21 88,257 according to the United States Bureau of the
22 Census, and operating on May 1, 1994 shall be allocated
23 by appropriation as follows:
24 Two-sevenths to the Department of Agriculture.
25 Fifty percent of this two-sevenths shall be used to
26 promote the Illinois horse racing and breeding
27 industry, and shall be distributed by the Department
28 of Agriculture upon the advice of a 9-member
29 committee appointed by the Governor consisting of
30 the following members: the Director of Agriculture,
31 who shall serve as chairman; 2 representatives of
32 organization licensees conducting thoroughbred race
33 meetings in this State, recommended by those
34 licensees; 2 representatives of organization
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1 licensees conducting standardbred race meetings in
2 this State, recommended by those licensees; a
3 representative of the Illinois Thoroughbred Breeders
4 and Owners Foundation, recommended by that
5 Foundation; a representative of the Illinois
6 Standardbred Owners and Breeders Association,
7 recommended by that Association; a representative of
8 the Horsemen's Benevolent and Protective Association
9 or any successor organization thereto established in
10 Illinois comprised of the largest number of owners
11 and trainers, recommended by that Association or
12 that successor organization; and a representative of
13 the Illinois Harness Horsemen's Association,
14 recommended by that Association. Committee members
15 shall serve for terms of 2 years, commencing January
16 1 of each even-numbered year. If a representative
17 of any of the above-named entities has not been
18 recommended by January 1 of any even-numbered year,
19 the Governor shall appoint a committee member to
20 fill that position. Committee members shall receive
21 no compensation for their services as members but
22 shall be reimbursed for all actual and necessary
23 expenses and disbursements incurred in the
24 performance of their official duties. The remaining
25 50% of this two-sevenths shall be distributed to
26 county fairs for premiums and rehabilitation as set
27 forth in the Agricultural Fair Act;
28 Four-sevenths to park districts or
29 municipalities that do not have a park district of
30 500,000 population or less for museum purposes (if
31 an inter-track wagering location licensee is located
32 in such a park district) or to conservation
33 districts for museum purposes (if an inter-track
34 wagering location licensee is located in a
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1 municipality that is not included within any park
2 district but is included within a conservation
3 district and is the county seat of a county that (i)
4 is contiguous to the state of Indiana and (ii) has a
5 1990 population of 88,257 according to the United
6 States Bureau of the Census, except that if the
7 conservation district does not maintain a museum,
8 the monies shall be allocated equally between the
9 county and the municipality in which the inter-track
10 wagering location licensee is located for general
11 purposes) or to a municipal recreation board for
12 park purposes (if an inter-track wagering location
13 licensee is located in a municipality that is not
14 included within any park district and park
15 maintenance is the function of the municipal
16 recreation board and the municipality has a 1990
17 population of 9,302 according to the United States
18 Bureau of the Census); provided that the monies are
19 distributed to each park district or conservation
20 district or municipality that does not have a park
21 district in an amount equal to four-sevenths of the
22 amount collected by each inter-track wagering
23 location licensee within the park district or
24 conservation district or municipality for the Fund.
25 Monies that were paid into the Horse Racing Tax
26 Allocation Fund before the effective date of this
27 amendatory Act of 1991 by an inter-track wagering
28 location licensee located in a municipality that is
29 not included within any park district but is
30 included within a conservation district as provided
31 in this paragraph shall, as soon as practicable
32 after the effective date of this amendatory Act of
33 1991, be allocated and paid to that conservation
34 district as provided in this paragraph. Any park
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1 district or municipality not maintaining a museum
2 may deposit the monies in the corporate fund of the
3 park district or municipality where the inter-track
4 wagering location is located, to be used for general
5 purposes; and
6 One-seventh to the Agricultural Premium Fund to
7 be used for distribution to agricultural home
8 economics extension councils in accordance with "An
9 Act in relation to additional support and finances
10 for the Agricultural and Home Economic Extension
11 Councils in the several counties of this State and
12 making an appropriation therefor", approved July 24,
13 1967.
14 Until January 1, 2000, all other monies paid into
15 the Horse Racing Tax Allocation Fund pursuant to this
16 paragraph (11) shall be allocated by appropriation as
17 follows:
18 Two-sevenths to the Department of Agriculture.
19 Fifty percent of this two-sevenths shall be used to
20 promote the Illinois horse racing and breeding
21 industry, and shall be distributed by the Department
22 of Agriculture upon the advice of a 9-member
23 committee appointed by the Governor consisting of
24 the following members: the Director of Agriculture,
25 who shall serve as chairman; 2 representatives of
26 organization licensees conducting thoroughbred race
27 meetings in this State, recommended by those
28 licensees; 2 representatives of organization
29 licensees conducting standardbred race meetings in
30 this State, recommended by those licensees; a
31 representative of the Illinois Thoroughbred Breeders
32 and Owners Foundation, recommended by that
33 Foundation; a representative of the Illinois
34 Standardbred Owners and Breeders Association,
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1 recommended by that Association; a representative of
2 the Horsemen's Benevolent and Protective Association
3 or any successor organization thereto established in
4 Illinois comprised of the largest number of owners
5 and trainers, recommended by that Association or
6 that successor organization; and a representative of
7 the Illinois Harness Horsemen's Association,
8 recommended by that Association. Committee members
9 shall serve for terms of 2 years, commencing January
10 1 of each even-numbered year. If a representative
11 of any of the above-named entities has not been
12 recommended by January 1 of any even-numbered year,
13 the Governor shall appoint a committee member to
14 fill that position. Committee members shall receive
15 no compensation for their services as members but
16 shall be reimbursed for all actual and necessary
17 expenses and disbursements incurred in the
18 performance of their official duties. The remaining
19 50% of this two-sevenths shall be distributed to
20 county fairs for premiums and rehabilitation as set
21 forth in the Agricultural Fair Act;
22 Four-sevenths to museums and aquariums located
23 in park districts of over 500,000 population;
24 provided that the monies are distributed in
25 accordance with the previous year's distribution of
26 the maintenance tax for such museums and aquariums
27 as provided in Section 2 of the Park District
28 Aquarium and Museum Act; and
29 One-seventh to the Agricultural Premium Fund to
30 be used for distribution to agricultural home
31 economics extension councils in accordance with "An
32 Act in relation to additional support and finances
33 for the Agricultural and Home Economic Extension
34 Councils in the several counties of this State and
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1 making an appropriation therefor", approved July 24,
2 1967. This subparagraph (C) shall be inoperative and
3 of no force and effect on and after January 1, 2000.
4 (D) Except as provided in paragraph (11) of
5 this subsection (h), with respect to purse
6 allocation from intertrack wagering, the monies so
7 retained shall be divided as follows:
8 (i) If the inter-track wagering licensee,
9 except an intertrack wagering licensee that
10 derives its license from an organization
11 licensee located in a county with a population
12 in excess of 230,000 and bounded by the
13 Mississippi River, is not conducting its own
14 race meeting during the same dates, then the
15 entire purse allocation shall be to purses at
16 the track where the races wagered on are being
17 conducted.
18 (ii) If the inter-track wagering
19 licensee, except an intertrack wagering
20 licensee that derives its license from an
21 organization licensee located in a county with
22 a population in excess of 230,000 and bounded
23 by the Mississippi River, is also conducting
24 its own race meeting during the same dates,
25 then the purse allocation shall be as follows:
26 50% to purses at the track where the races
27 wagered on are being conducted; 50% to purses
28 at the track where the inter-track wagering
29 licensee is accepting such wagers.
30 (iii) If the inter-track wagering is
31 being conducted by an inter-track wagering
32 location licensee, except an intertrack
33 wagering location licensee that derives its
34 license from an organization licensee located
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1 in a county with a population in excess of
2 230,000 and bounded by the Mississippi River,
3 the entire purse allocation for Illinois races
4 shall be to purses at the track where the race
5 meeting being wagered on is being held.
6 (12) The Board shall have all powers necessary and
7 proper to fully supervise and control the conduct of
8 inter-track wagering and simulcast wagering by
9 inter-track wagering licensees and inter-track wagering
10 location licensees, including, but not limited to the
11 following:
12 (A) The Board is vested with power to
13 promulgate reasonable rules and regulations for the
14 purpose of administering the conduct of this
15 wagering and to prescribe reasonable rules,
16 regulations and conditions under which such wagering
17 shall be held and conducted. Such rules and
18 regulations are to provide for the prevention of
19 practices detrimental to the public interest and for
20 the best interests of said wagering and to impose
21 penalties for violations thereof.
22 (B) The Board, and any person or persons to
23 whom it delegates this power, is vested with the
24 power to enter the facilities of any licensee to
25 determine whether there has been compliance with the
26 provisions of this Act and the rules and regulations
27 relating to the conduct of such wagering.
28 (C) The Board, and any person or persons to
29 whom it delegates this power, may eject or exclude
30 from any licensee's facilities, any person whose
31 conduct or reputation is such that his presence on
32 such premises may, in the opinion of the Board, call
33 into the question the honesty and integrity of, or
34 interfere with the orderly conduct of such wagering;
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1 provided, however, that no person shall be excluded
2 or ejected from such premises solely on the grounds
3 of race, color, creed, national origin, ancestry, or
4 sex.
5 (D) (Blank).
6 (E) The Board is vested with the power to
7 appoint delegates to execute any of the powers
8 granted to it under this Section for the purpose of
9 administering this wagering and any rules and
10 regulations 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
13 representative of the Board and whose duty it shall
14 be to supervise the conduct of inter-track wagering
15 as may be provided for by the rules and regulations
16 of the Board; such rules and regulation shall
17 specify the method of appointment and the Director's
18 powers, authority and duties.
19 (G) The Board is vested with the power to
20 impose civil penalties of up to $5,000 against
21 individuals and up to $10,000 against licensees for
22 each violation of any provision of this Act relating
23 to the conduct of this wagering, any rules adopted
24 by the Board, any order of the Board or any other
25 action which in the Board's discretion, is a
26 detriment or impediment to 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
32 the Department of Agriculture's licensed race meeting
33 upon which the licensees will conduct wagering. In the
34 event that a licensee conducts inter-track pari-mutuel
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1 wagering on races from the Illinois State Fair or DuQuoin
2 State Fair which are in addition to the licensee's
3 previously approved racing program, those races shall be
4 considered a separate racing day for the purpose of
5 determining the daily handle and computing the privilege
6 or pari-mutuel tax on that daily handle as provided in
7 Sections 27 and 27.1. Such agreements shall be approved
8 by the Board before such wagering may be conducted. In
9 determining whether to grant approval, the Board shall
10 give due consideration to the best interests of the
11 public and of horse racing. The provisions of paragraphs
12 (1), (8), (8.1), and (8.2) of subsection (h) of this
13 Section which are not specified in this paragraph (13)
14 shall not apply to licensed race meetings conducted by
15 the Department of Agriculture at the Illinois State Fair
16 in Sangamon County or the DuQuoin State Fair in Perry
17 County, or to any wagering conducted on those race
18 meetings.
19 (i) Notwithstanding the other provisions of this Act,
20 the conduct of wagering at wagering facilities is authorized
21 on all days, except as limited by subsection (b) of Section
22 19 of this Act.
23 (Source: P.A. 91-40, eff. 6-25-99.)
24 (230 ILCS 5/28.1)
25 Sec. 28.1. Payments.
26 (a) Beginning on January 1, 2000, moneys collected by
27 the Department of Revenue and the Racing Board pursuant to
28 Section 26 or Section 27 of this Act shall be deposited into
29 the Horse Racing Fund, which is hereby created as a special
30 fund in the State Treasury.
31 (b) Appropriations, as approved by the General Assembly,
32 may be made from the Horse Racing Fund to the Board to pay
33 the salaries of the Board members, secretary, stewards,
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1 directors of mutuels, veterinarians, representatives,
2 accountants, clerks, stenographers, inspectors and other
3 employees of the Board, and all expenses of the Board
4 incident to the administration of this Act, including, but
5 not limited to, all expenses and salaries incident to the
6 taking of saliva and urine samples in accordance with the
7 rules and regulations of the Board.
8 (c) Beginning on January 1, 2000, the Board shall
9 transfer the remainder of the funds generated pursuant to
10 Sections 26 and 27 from the Horse Racing Fund into the
11 General Revenue Fund.
12 (d) Beginning January 1, 2000, payments to all programs
13 in existence on the effective date of this amendatory Act of
14 1999 that are identified in Sections 26(c), 26(f),
15 26(h)(11)(C), and 28, subsections (a), (b), (c), (d), (e),
16 (f), (g), and (h) of Section 30, and subsections (a), (b),
17 (c), (d), (e), (f), (g), and (h) of Section 31 shall be made
18 from the General Revenue Fund at the funding levels
19 determined by amounts paid under this Act in calendar year
20 1998.
21 (Source: P.A. 91-40, eff. 6-25-99.)
22 (230 ILCS 5/30) (from Ch. 8, par. 37-30)
23 Sec. 30. (a) The General Assembly declares that it is
24 the policy of this State to encourage the breeding of
25 thoroughbred horses in this State and the ownership of such
26 horses by residents of this State in order to provide for:
27 sufficient numbers of high quality thoroughbred horses to
28 participate in thoroughbred racing meetings in this State,
29 and to establish and preserve the agricultural and commercial
30 benefits of such breeding and racing industries to the State
31 of Illinois. It is the intent of the General Assembly to
32 further this policy by the provisions of this Act.
33 (b) Each organization licensee conducting a thoroughbred
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1 racing meeting pursuant to this Act shall provide at least
2 two races each day limited to Illinois conceived and foaled
3 horses or Illinois foaled horses or both. A minimum of 6
4 races shall be conducted each week limited to Illinois
5 conceived and foaled or Illinois foaled horses or both. No
6 horses shall be permitted to start in such races unless duly
7 registered under the rules of the Department of Agriculture.
8 (c) Conditions of races under subsection (b) shall be
9 commensurate with past performance, quality, and class of
10 Illinois conceived and foaled and Illinois foaled horses
11 available. If, however, sufficient competition cannot be had
12 among horses of that class on any day, the races may, with
13 consent of the Board, be eliminated for that day and
14 substitute races provided.
15 (d) There is hereby created a special fund of the State
16 Treasury to be known as the Illinois Thoroughbred Breeders
17 Fund.
18 Except as provided in subsection (g) of Section 27 of
19 this Act, 8.5% of all the monies received by the State as
20 privilege taxes on Thoroughbred racing meetings shall be paid
21 into the Illinois Thoroughbred Breeders Fund.
22 (e) The Illinois Thoroughbred Breeders Fund shall be
23 administered by the Department of Agriculture with the advice
24 and assistance of the Advisory Board created in subsection
25 (f) of this Section.
26 (f) The Illinois Thoroughbred Breeders Fund Advisory
27 Board shall consist of the Director of the Department of
28 Agriculture, who shall serve as Chairman; a member of the
29 Illinois Gambling Racing Board, designated by it; 2
30 representatives of the organization licensees conducting
31 thoroughbred racing meetings, recommended by them; 2
32 representatives of the Illinois Thoroughbred Breeders and
33 Owners Foundation, recommended by it; and 2 representatives
34 of the Horsemen's Benevolent Protective Association or any
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1 successor organization established in Illinois comprised of
2 the largest number of owners and trainers, recommended by it,
3 with one representative of the Horsemen's Benevolent and
4 Protective Association to come from its Illinois Division,
5 and one from its Chicago Division. Advisory Board members
6 shall serve for 2 years commencing January 1 of each odd
7 numbered year. If representatives of the organization
8 licensees conducting thoroughbred racing meetings, the
9 Illinois Thoroughbred Breeders and Owners Foundation, and the
10 Horsemen's Benevolent Protection Association have not been
11 recommended by January 1, of each odd numbered year, the
12 Director of the Department of Agriculture shall make an
13 appointment for the organization failing to so recommend a
14 member of the Advisory Board. Advisory Board members shall
15 receive no compensation for their services as members but
16 shall be reimbursed for all actual and necessary expenses and
17 disbursements incurred in the execution of their official
18 duties.
19 (g) No monies shall be expended from the Illinois
20 Thoroughbred Breeders Fund except as appropriated by the
21 General Assembly. Monies appropriated from the Illinois
22 Thoroughbred Breeders Fund shall be expended by the
23 Department of Agriculture, with the advice and assistance of
24 the Illinois Thoroughbred Breeders Fund Advisory Board, for
25 the following purposes only:
26 (1) To provide purse supplements to owners of
27 horses participating in races limited to Illinois
28 conceived and foaled and Illinois foaled horses. Any
29 such purse supplements shall not be included in and shall
30 be paid in addition to any purses, stakes, or breeders'
31 awards offered by each organization licensee as
32 determined by agreement between such organization
33 licensee and an organization representing the horsemen.
34 No monies from the Illinois Thoroughbred Breeders Fund
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1 shall be used to provide purse supplements for claiming
2 races in which the minimum claiming price is less than
3 $7,500.
4 (2) To provide stakes and awards to be paid to the
5 owners of the winning horses in certain races limited to
6 Illinois conceived and foaled and Illinois foaled horses
7 designated as stakes races.
8 (2.5) To provide an award to the owner or owners of
9 an Illinois conceived and foaled or Illinois foaled horse
10 that wins a maiden special weight, an allowance,
11 overnight handicap race, or claiming race with claiming
12 price of $10,000 or more providing the race is not
13 restricted to Illinois conceived and foaled or Illinois
14 foaled horses. Awards shall also be provided to the
15 owner or owners of Illinois conceived and foaled and
16 Illinois foaled horses that place second or third in
17 those races. To the extent that additional moneys are
18 required to pay the minimum additional awards of 40% of
19 the purse the horse earns for placing first, second or
20 third in those races for Illinois foaled horses and of
21 60% of the purse the horse earns for placing first,
22 second or third in those races for Illinois conceived and
23 foaled horses, those moneys shall be provided from the
24 purse account at the track where earned.
25 (3) To provide stallion awards to the owner or
26 owners of any stallion that is duly registered with the
27 Illinois Thoroughbred Breeders Fund Program prior to the
28 effective date of this amendatory Act of 1995 whose duly
29 registered Illinois conceived and foaled offspring wins a
30 race conducted at an Illinois thoroughbred racing meeting
31 other than a claiming race. Such award shall not be paid
32 to the owner or owners of an Illinois stallion that
33 served outside this State at any time during the calendar
34 year in which such race was conducted.
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1 (4) To provide $75,000 annually for purses to be
2 distributed to county fairs that provide for the running
3 of 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
9 of any kind on the running of Illinois conceived and
10 foaled races at county fairs.
11 (4.1) To provide purse money for an Illinois
12 stallion stakes program.
13 (5) No less than 80% of all monies appropriated
14 from the Illinois Thoroughbred Breeders Fund shall be
15 expended for the purposes in (1), (2), (2.5), (3), (4),
16 (4.1), and (5) as shown above.
17 (6) To provide for educational programs regarding
18 the 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
22 program for students of equine veterinary medicine.
23 (9) To provide for dissemination of public
24 information designed to promote the breeding of
25 thoroughbred horses in Illinois.
26 (10) To provide for all expenses incurred in the
27 administration of the Illinois Thoroughbred Breeders
28 Fund.
29 (h) Whenever the Governor finds that the amount in the
30 Illinois Thoroughbred Breeders Fund is more than the total of
31 the outstanding appropriations from such fund, the Governor
32 shall notify the State Comptroller and the State Treasurer of
33 such fact. The Comptroller and the State Treasurer, upon
34 receipt of such notification, shall transfer such excess
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1 amount from the Illinois Thoroughbred Breeders Fund to the
2 General Revenue Fund.
3 (i) A sum equal to 12 1/2% of the first prize money of
4 every purse won by an Illinois foaled or an Illinois
5 conceived and foaled horse in races not limited to Illinois
6 foaled horses or Illinois conceived and foaled horses, or
7 both, shall be paid by the organization licensee conducting
8 the horse race meeting. Such sum shall be paid from the
9 organization licensee's share of the money wagered as
10 follows: 11 1/2% to the breeder of the winning horse and 1%
11 to the organization representing thoroughbred breeders and
12 owners whose representative serves on the Illinois
13 Thoroughbred Breeders Fund Advisory Board for verifying the
14 amounts of breeders' awards earned, assuring their
15 distribution in accordance with this Act, and servicing and
16 promoting the Illinois thoroughbred horse racing industry.
17 The organization representing thoroughbred breeders and
18 owners shall cause all expenditures of monies received under
19 this subsection (i) to be audited at least annually by a
20 registered public accountant. The organization shall file
21 copies of each annual audit with the Illinois Gambling Racing
22 Board, the Clerk of the House of Representatives and the
23 Secretary of the Senate, and shall make copies of each annual
24 audit available to the public upon request and upon payment
25 of the reasonable cost of photocopying the requested number
26 of copies. Such payments shall not reduce any award to the
27 owner of the horse or reduce the taxes payable under this
28 Act. Upon completion of its racing meet, each organization
29 licensee shall deliver to the organization representing
30 thoroughbred breeders and owners whose representative serves
31 on the Illinois Thoroughbred Breeders Fund Advisory Board a
32 listing of all the Illinois foaled and the Illinois conceived
33 and foaled horses which won breeders' awards and the amount
34 of such breeders' awards under this subsection to verify
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1 accuracy of payments and assure proper distribution of
2 breeders' awards in accordance with the provisions of this
3 Act. Such payments shall be delivered by the organization
4 licensee within 30 days of the end of each race meeting.
5 (j) A sum equal to 12 1/2% of the first prize money won
6 in each race limited to Illinois foaled horses or Illinois
7 conceived and foaled horses, or both, shall be paid in the
8 following manner by the organization licensee conducting the
9 horse race meeting, from the organization licensee's share of
10 the money wagered: 11 1/2% to the breeders of the horses in
11 each such race which are the official first, second, third
12 and fourth finishers and 1% to the organization representing
13 thoroughbred breeders and owners whose representative serves
14 on the Illinois Thoroughbred Breeders Fund Advisory Board for
15 verifying the amounts of breeders' awards earned, assuring
16 their proper distribution in accordance with this Act, and
17 servicing and promoting the Illinois thoroughbred horse
18 racing industry. The organization representing thoroughbred
19 breeders and owners shall cause all expenditures of monies
20 received under this subsection (j) to be audited at least
21 annually by a registered public accountant. The organization
22 shall file copies of each annual audit with the Illinois
23 Gambling Racing Board, the Clerk of the House of
24 Representatives and the Secretary of the Senate, and shall
25 make copies of each annual audit available to the public upon
26 request and upon payment of the reasonable cost of
27 photocopying the requested number of copies.
28 The 11 1/2% paid to the breeders in accordance with this
29 subsection shall be distributed as follows:
30 (1) 60% of such sum shall be paid to the breeder of
31 the horse which finishes in the official first position;
32 (2) 20% of such sum shall be paid to the breeder of
33 the horse which finishes in the official second position;
34 (3) 15% of such sum shall be paid to the breeder of
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1 the horse which finishes in the official third position;
2 and
3 (4) 5% of such sum shall be paid to the breeder of
4 the horse which finishes in the official fourth position.
5 Such payments shall not reduce any award to the owners of
6 a horse or reduce the taxes payable under this Act. Upon
7 completion of its racing meet, each organization licensee
8 shall deliver to the organization representing thoroughbred
9 breeders and owners whose representative serves on the
10 Illinois Thoroughbred Breeders Fund Advisory Board a listing
11 of all the Illinois foaled and the Illinois conceived and
12 foaled horses which won breeders' awards and the amount of
13 such breeders' awards in accordance with the provisions of
14 this Act. Such payments shall be delivered by the
15 organization licensee within 30 days of the end of each race
16 meeting.
17 (k) The term "breeder", as used herein, means the owner
18 of the mare at the time the foal is dropped. An "Illinois
19 foaled horse" is a foal dropped by a mare which enters this
20 State on or before December 1, in the year in which the horse
21 is bred, provided the mare remains continuously in this State
22 until its foal is born. An "Illinois foaled horse" also means
23 a foal born of a mare in the same year as the mare enters
24 this State on or before March 1, and remains in this State at
25 least 30 days after foaling, is bred back during the season
26 of the foaling to an Illinois Registered Stallion (unless a
27 veterinarian certifies that the mare should not be bred for
28 health reasons), and is not bred to a stallion standing in
29 any other state during the season of foaling. An "Illinois
30 foaled horse" also means a foal born in Illinois of a mare
31 purchased at public auction subsequent to the mare entering
32 this State prior to February 1 of the foaling year providing
33 the mare is owned solely by one or more Illinois residents or
34 an Illinois entity that is entirely owned by one or more
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1 Illinois residents.
2 (l) The Department of Agriculture shall, by rule, with
3 the advice and assistance of the Illinois Thoroughbred
4 Breeders Fund Advisory Board:
5 (1) Qualify stallions for Illinois breeding; such
6 stallions to stand for service within the State of
7 Illinois at the time of a foal's conception. Such
8 stallion must not stand for service at any place outside
9 the State of Illinois during the calendar year in which
10 the foal is conceived. The Department of Agriculture may
11 assess and collect application fees for the registration
12 of Illinois-eligible stallions. All fees collected are
13 to be paid into the Illinois Thoroughbred Breeders Fund.
14 (2) Provide for the registration of Illinois
15 conceived and foaled horses and Illinois foaled horses.
16 No such horse shall compete in the races limited to
17 Illinois conceived and foaled horses or Illinois foaled
18 horses or both unless registered with the Department of
19 Agriculture. The Department of Agriculture may prescribe
20 such forms as are necessary to determine the eligibility
21 of such horses. The Department of Agriculture may assess
22 and collect application fees for the registration of
23 Illinois-eligible foals. All fees collected are to be
24 paid into the Illinois Thoroughbred Breeders Fund. No
25 person shall knowingly prepare or cause preparation of an
26 application for registration of such foals containing
27 false information.
28 (m) The Department of Agriculture, with the advice and
29 assistance of the Illinois Thoroughbred Breeders Fund
30 Advisory Board, shall provide that certain races limited to
31 Illinois conceived and foaled and Illinois foaled horses be
32 stakes races and determine the total amount of stakes and
33 awards to be paid to the owners of the winning horses in such
34 races.
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1 In determining the stakes races and the amount of awards
2 for such races, the Department of Agriculture shall consider
3 factors, including but not limited to, the amount of money
4 appropriated for the Illinois Thoroughbred Breeders Fund
5 program, organization licensees' contributions, availability
6 of stakes caliber horses as demonstrated by past
7 performances, whether the race can be coordinated into the
8 proposed racing dates within organization licensees' racing
9 dates, opportunity for colts and fillies and various age
10 groups to race, public wagering on such races, and the
11 previous racing schedule.
12 (n) The Board and the organizational licensee shall
13 notify the Department of the conditions and minimum purses
14 for races limited to Illinois conceived and foaled and
15 Illinois foaled horses conducted for each organizational
16 licensee conducting a thoroughbred racing meeting. The
17 Department of Agriculture with the advice and assistance of
18 the Illinois Thoroughbred Breeders Fund Advisory Board may
19 allocate monies for purse supplements for such races. In
20 determining whether to allocate money and the amount, the
21 Department of Agriculture shall consider factors, including
22 but not limited to, the amount of money appropriated for the
23 Illinois Thoroughbred Breeders Fund program, the number of
24 races that may occur, and the organizational licensee's purse
25 structure.
26 (o) In order to improve the breeding quality of
27 thoroughbred horses in the State, the General Assembly
28 recognizes that existing provisions of this Section to
29 encourage such quality breeding need to be revised and
30 strengthened. As such, a Thoroughbred Breeder's Program Task
31 Force is to be appointed by the Governor by September 1, 1999
32 to make recommendations to the General Assembly by no later
33 than March 1, 2000. This task force is to be composed of 2
34 representatives from the Illinois Thoroughbred Breeders and
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1 Owners Foundation, 2 from the Illinois Thoroughbred
2 Horsemen's Association, 3 from Illinois race tracks operating
3 thoroughbred race meets for an average of at least 30 days in
4 the past 3 years, the Director of Agriculture, and the
5 Executive Director of the Illinois Gambling Racing Board, who
6 shall serve as Chairman.
7 (Source: P.A. 91-40, eff. 6-25-99.)
8 (230 ILCS 5/30.5)
9 Sec. 30.5. Illinois Quarter Horse Breeders Fund.
10 (a) The General Assembly declares that it is the policy
11 of this State to encourage the breeding of racing quarter
12 horses in this State and the ownership of such horses by
13 residents of this State in order to provide for sufficient
14 numbers of high quality racing quarter horses in this State
15 and to establish and preserve the agricultural and commercial
16 benefits of such breeding and racing industries to the State
17 of Illinois. It is the intent of the General Assembly to
18 further this policy by the provisions of this Act.
19 (b) There is hereby created a special fund in the State
20 Treasury to be known as the Illinois Racing Quarter Horse
21 Breeders Fund. Except as provided in subsection (g) of
22 Section 27 of this Act, 8.5% of all the moneys received by
23 the State as pari-mutuel taxes on quarter horse racing shall
24 be paid into the Illinois Racing Quarter Horse Breeders Fund.
25 (c) The Illinois Racing Quarter Horse Breeders Fund
26 shall be administered by the Department of Agriculture with
27 the advice and assistance of the Advisory Board created in
28 subsection (d) of this Section.
29 (d) The Illinois Racing Quarter Horse Breeders Fund
30 Advisory Board shall consist of the Director of the
31 Department of Agriculture, who shall serve as Chairman; a
32 member of the Illinois Gambling Racing Board, designated by
33 it; one representative of the organization licensees
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1 conducting pari-mutuel quarter horse racing meetings,
2 recommended by them; 2 representatives of the Illinois
3 Running Quarter Horse Association, recommended by it; and the
4 Superintendent of Fairs and Promotions from the Department of
5 Agriculture. Advisory Board members shall serve for 2 years
6 commencing January 1 of each odd numbered year. If
7 representatives have not been recommended by January 1 of
8 each odd numbered year, the Director of the Department of
9 Agriculture may make an appointment for the organization
10 failing to so recommend a member of the Advisory Board.
11 Advisory Board members shall receive no compensation for
12 their services as members but may be reimbursed for all
13 actual and necessary expenses and disbursements incurred in
14 the execution of their official duties.
15 (e) No moneys shall be expended from the Illinois Racing
16 Quarter Horse Breeders Fund except as appropriated by the
17 General Assembly. Moneys appropriated from the Illinois
18 Racing Quarter Horse Breeders Fund shall be expended by the
19 Department of Agriculture, with the advice and assistance of
20 the Illinois Racing Quarter Horse Breeders Fund Advisory
21 Board, for the following purposes only:
22 (1) To provide stakes and awards to be paid to the
23 owners of the winning horses in certain races. This
24 provision is limited to Illinois conceived and foaled
25 horses.
26 (2) To provide an award to the owner or owners of
27 an Illinois conceived and foaled horse that wins a race
28 when pari-mutuel wagering is conducted; providing the
29 race is not restricted to Illinois conceived and foaled
30 horses.
31 (3) To provide purse money for an Illinois stallion
32 stakes program.
33 (4) To provide for purses to be distributed for the
34 running of races during the Illinois State Fair and the
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1 DuQuoin State Fair exclusively for quarter horses
2 conceived and foaled in Illinois.
3 (5) To provide for purses to be distributed for the
4 running of races at Illinois county fairs exclusively for
5 quarter horses conceived and foaled in Illinois.
6 (6) To provide for purses to be distributed for
7 running races exclusively for quarter horses conceived
8 and foaled in Illinois at locations in Illinois
9 determined by the Department of Agriculture with advice
10 and consent of the Racing Quarter Horse Breeders Fund
11 Advisory Board.
12 (7) No less than 90% of all moneys appropriated
13 from the Illinois Racing Quarter Horse Breeders Fund
14 shall be expended for the purposes in items (1), (2),
15 (3), (4), and (5) of this subsection (e).
16 (8) To provide for research programs concerning the
17 health, development, and care of racing quarter horses.
18 (9) To provide for dissemination of public
19 information designed to promote the breeding of racing
20 quarter horses in Illinois.
21 (10) To provide for expenses incurred in the
22 administration of the Illinois Racing Quarter Horse
23 Breeders Fund.
24 (f) The Department of Agriculture shall, by rule, with
25 the advice and assistance of the Illinois Racing Quarter
26 Horse Breeders Fund Advisory Board:
27 (1) Qualify stallions for Illinois breeding; such
28 stallions to stand for service within the State of
29 Illinois, at the time of a foal's conception. Such
30 stallion must not stand for service at any place outside
31 the State of Illinois during the calendar year in which
32 the foal is conceived. The Department of Agriculture may
33 assess and collect application fees for the registration
34 of Illinois-eligible stallions. All fees collected are to
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1 be paid into the Illinois Racing Quarter Horse Breeders
2 Fund.
3 (2) Provide for the registration of Illinois
4 conceived and foaled horses. No such horse shall compete
5 in the races limited to Illinois conceived and foaled
6 horses unless it is registered with the Department of
7 Agriculture. The Department of Agriculture may prescribe
8 such forms as are necessary to determine the eligibility
9 of such horses. The Department of Agriculture may assess
10 and collect application fees for the registration of
11 Illinois-eligible foals. All fees collected are to be
12 paid into the Illinois Racing Quarter Horse Breeders
13 Fund. No person shall knowingly prepare or cause
14 preparation of an application for registration of such
15 foals that contains false information.
16 (g) The Department of Agriculture, with the advice and
17 assistance of the Illinois Racing Quarter Horse Breeders Fund
18 Advisory Board, shall provide that certain races limited to
19 Illinois conceived and foaled be stakes races and determine
20 the total amount of stakes and awards to be paid to the
21 owners of the winning horses in such races.
22 (Source: P.A. 91-40, eff. 6-25-99.)
23 (230 ILCS 5/31) (from Ch. 8, par. 37-31)
24 Sec. 31. (a) The General Assembly declares that it is
25 the policy of this State to encourage the breeding of
26 standardbred horses in this State and the ownership of such
27 horses by residents of this State in order to provide for:
28 sufficient numbers of high quality standardbred horses to
29 participate in harness racing meetings in this State, and to
30 establish and preserve the agricultural and commercial
31 benefits of such breeding and racing industries to the State
32 of Illinois. It is the intent of the General Assembly to
33 further this policy by the provisions of this Section of this
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1 Act.
2 (b) Each organization licensee conducting a harness
3 racing meeting pursuant to this Act shall provide for at
4 least two races each race program limited to Illinois
5 conceived and foaled horses. A minimum of 6 races shall be
6 conducted each week limited to Illinois conceived and foaled
7 horses. No horses shall be permitted to start in such races
8 unless duly registered under the rules of the Department of
9 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 horses available. If, however,
13 sufficient competition cannot be had among horses of that
14 class on any day, the races may, with consent of the Board,
15 be eliminated for that day and substitute races provided.
16 (d) There is hereby created a special fund of the State
17 Treasury to be known as the Illinois Standardbred Breeders
18 Fund.
19 During the calendar year 1981, and each year thereafter,
20 except as provided in subsection (g) of Section 27 of this
21 Act, eight and one-half per cent of all the monies received
22 by the State as privilege taxes on harness racing meetings
23 shall be paid into the Illinois Standardbred Breeders Fund.
24 (e) The Illinois Standardbred Breeders Fund shall be
25 administered by the Department of Agriculture with the
26 assistance and advice of the Advisory Board created in
27 subsection (f) of this Section.
28 (f) The Illinois Standardbred Breeders Fund Advisory
29 Board is hereby created. The Advisory Board shall consist of
30 the Director of the Department of Agriculture, who shall
31 serve as Chairman; the Superintendent of the Illinois State
32 Fair; a member of the Illinois Gambling Racing Board,
33 designated by it; a representative of the Illinois
34 Standardbred Owners and Breeders Association, recommended by
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1 it; a representative of the Illinois Association of
2 Agricultural Fairs, recommended by it, such representative to
3 be from a fair at which Illinois conceived and foaled racing
4 is conducted; a representative of the organization licensees
5 conducting harness racing meetings, recommended by them and a
6 representative of the Illinois Harness Horsemen's
7 Association, recommended by it. Advisory Board members shall
8 serve for 2 years commencing January 1, of each odd numbered
9 year. If representatives of the Illinois Standardbred Owners
10 and Breeders Associations, the Illinois Association of
11 Agricultural Fairs, the Illinois Harness Horsemen's
12 Association, and the organization licensees conducting
13 harness racing meetings have not been recommended by January
14 1, of each odd numbered year, the Director of the Department
15 of Agriculture shall make an appointment for the organization
16 failing to so recommend a member of the Advisory Board.
17 Advisory Board members shall receive no compensation for
18 their services as members but shall be reimbursed for all
19 actual and necessary expenses and disbursements incurred in
20 the execution of their official duties.
21 (g) No monies shall be expended from the Illinois
22 Standardbred Breeders Fund except as appropriated by the
23 General Assembly. Monies appropriated from the Illinois
24 Standardbred Breeders Fund shall be expended by the
25 Department of Agriculture, with the assistance and advice of
26 the Illinois Standardbred Breeders Fund Advisory Board for
27 the following purposes only:
28 1. To provide purses for races limited to Illinois
29 conceived and foaled horses at the State Fair.
30 2. To provide purses for races limited to Illinois
31 conceived and foaled horses at county fairs.
32 3. To provide purse supplements for races limited
33 to Illinois conceived and foaled horses conducted by
34 associations conducting harness racing meetings.
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1 4. No less than 75% of all monies in the Illinois
2 Standardbred Breeders Fund shall be expended for purses
3 in 1, 2 and 3 as shown above.
4 5. In the discretion of the Department of
5 Agriculture to provide awards to harness breeders of
6 Illinois conceived and foaled horses which win races
7 conducted by organization licensees conducting harness
8 racing meetings. A breeder is the owner of a mare at the
9 time of conception. No more than 10% of all monies
10 appropriated from the Illinois Standardbred Breeders Fund
11 shall be expended for such harness breeders awards. No
12 more than 25% of the amount expended for harness breeders
13 awards shall be expended for expenses incurred in the
14 administration of such harness breeders awards.
15 6. To pay for the improvement of racing facilities
16 located at the State Fair and County fairs.
17 7. To pay the expenses incurred in the
18 administration of the Illinois Standardbred Breeders
19 Fund.
20 8. To promote the sport of harness racing.
21 (h) Whenever the Governor finds that the amount in the
22 Illinois Standardbred Breeders Fund is more than the total of
23 the outstanding appropriations from such fund, the Governor
24 shall notify the State Comptroller and the State Treasurer of
25 such fact. The Comptroller and the State Treasurer, upon
26 receipt of such notification, shall transfer such excess
27 amount from the Illinois Standardbred Breeders Fund to the
28 General Revenue Fund.
29 (i) A sum equal to 12 1/2% of the first prize money of
30 every purse won by an Illinois conceived and foaled horse
31 shall be paid by the organization licensee conducting the
32 horse race meeting to the breeder of such winning horse from
33 the organization licensee's share of the money wagered. Such
34 payment shall not reduce any award to the owner of the horse
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1 or reduce the taxes payable under this Act. Such payment
2 shall be delivered by the organization licensee at the end of
3 each race meeting.
4 (j) The Department of Agriculture shall, by rule, with
5 the assistance and advice of the Illinois Standardbred
6 Breeders Fund Advisory Board:
7 1. Qualify stallions for Illinois Standardbred Breeders
8 Fund breeding; such stallion shall be owned by a resident of
9 the State of Illinois or by an Illinois corporation all of
10 whose shareholders, directors, officers and incorporators are
11 residents of the State of Illinois. Such stallion shall
12 stand for service at and within the State of Illinois at the
13 time of a foal's conception, and such stallion must not stand
14 for service at any place, nor may semen from such stallion be
15 transported, outside the State of Illinois during that
16 calendar year in which the foal is conceived and that the
17 owner of the stallion was for the 12 months prior, a resident
18 of Illinois. The articles of agreement of any partnership,
19 joint venture, limited partnership, syndicate, association or
20 corporation and any bylaws and stock certificates must
21 contain a restriction that provides that the ownership or
22 transfer of interest by any one of the persons a party to the
23 agreement can only be made to a person who qualifies as an
24 Illinois resident.
25 2. Provide for the registration of Illinois conceived
26 and foaled horses and no such horse shall compete in the
27 races limited to Illinois conceived and foaled horses unless
28 registered with the Department of Agriculture. The
29 Department of Agriculture may prescribe such forms as may be
30 necessary to determine the eligibility of such horses. No
31 person shall knowingly prepare or cause preparation of an
32 application for registration of such foals containing false
33 information. A mare (dam) must be in the state at least 30
34 days prior to foaling or remain in the State at least 30 days
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1 at the time of foaling. Beginning with the 1996 breeding
2 season and for foals of 1997 and thereafter, a foal conceived
3 by transported fresh semen may be eligible for Illinois
4 conceived and foaled registration provided all breeding and
5 foaling requirements are met. The stallion must be qualified
6 for Illinois Standardbred Breeders Fund breeding at the time
7 of conception and the mare must be inseminated within the
8 State of Illinois. The foal must be dropped in Illinois and
9 properly registered with the Department of Agriculture in
10 accordance with this Act.
11 3. Provide that at least a 5 day racing program shall be
12 conducted at the State Fair each year, which program shall
13 include at least the following races limited to Illinois
14 conceived and foaled horses: (a) a two year old Trot and
15 Pace, and Filly Division of each; (b) a three year old Trot
16 and Pace, and Filly Division of each; (c) an aged Trot and
17 Pace, and Mare Division of each.
18 4. Provide for the payment of nominating, sustaining and
19 starting fees for races promoting the sport of harness racing
20 and for the races to be conducted at the State Fair as
21 provided in subsection (j) 3 of this Section provided that
22 the nominating, sustaining and starting payment required from
23 an entrant shall not exceed 2% of the purse of such race.
24 All nominating, sustaining and starting payments shall be
25 held for the benefit of entrants and shall be paid out as
26 part of the respective purses for such races. Nominating,
27 sustaining and starting fees shall be held in trust accounts
28 for the purposes as set forth in this Act and in accordance
29 with Section 205-15 of the Department of Agriculture Law (20
30 ILCS 205/205-15).
31 5. Provide for the registration with the Department of
32 Agriculture of Colt Associations or county fairs desiring to
33 sponsor races at county fairs.
34 (k) The Department of Agriculture, with the advice and
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1 assistance of the Illinois Standardbred Breeders Fund
2 Advisory Board, may allocate monies for purse supplements for
3 such races. In determining whether to allocate money and the
4 amount, the Department of Agriculture shall consider factors,
5 including but not limited to, the amount of money
6 appropriated for the Illinois Standardbred Breeders Fund
7 program, the number of races that may occur, and an
8 organizational licensee's purse structure. The
9 organizational licensee shall notify the Department of
10 Agriculture of the conditions and minimum purses for races
11 limited to Illinois conceived and foaled horses to be
12 conducted by each organizational licensee conducting a
13 harness racing meeting for which purse supplements have been
14 negotiated.
15 (l) All races held at county fairs and the State Fair
16 which receive funds from the Illinois Standardbred Breeders
17 Fund shall be conducted in accordance with the rules of the
18 United States Trotting Association unless otherwise modified
19 by the Department of Agriculture.
20 (m) At all standardbred race meetings held or conducted
21 under authority of a license granted by the Board, and at all
22 standardbred races held at county fairs which are approved by
23 the Department of Agriculture or at the Illinois or DuQuoin
24 State Fairs, no one shall jog, train, warm up or drive a
25 standardbred horse unless he or she is wearing a protective
26 safety helmet, with the chin strap fastened and in place,
27 which meets the standards and requirements as set forth in
28 the 1984 Standard for Protective Headgear for Use in Harness
29 Racing and Other Equestrian Sports published by the Snell
30 Memorial Foundation, or any standards and requirements for
31 headgear the Illinois Gambling Racing Board may approve. Any
32 other standards and requirements so approved by the Board
33 shall equal or exceed those published by the Snell Memorial
34 Foundation. Any equestrian helmet bearing the Snell label
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1 shall be deemed to have met those standards and requirements.
2 (Source: P.A. 91-239, eff. 1-1-00.)
3 (230 ILCS 5/54)
4 Sec. 54. Horse Racing Equity Fund.
5 (a) There is created in the State Treasury a Fund to be
6 known as the Horse Racing Equity Fund. The Fund shall
7 consist of moneys paid into it pursuant to subsection (c-5)
8 of Section 13 of the Riverboat Gambling Act. The Fund shall
9 be administered by the Illinois Gambling Racing Board.
10 (b) The moneys deposited into the Fund shall be
11 distributed by the State Treasurer within 10 days after those
12 moneys are deposited into the Fund as follows:
13 (1) Fifty percent of all moneys distributed under
14 this subsection shall be distributed to organization
15 licensees to be distributed at their race meetings as
16 purses. Fifty-seven percent of the amount distributed
17 under this paragraph (1) shall be distributed for
18 thoroughbred race meetings and 43% shall be distributed
19 for standardbred race meetings. Within each breed,
20 moneys shall be allocated to each organization licensee's
21 purse fund in accordance with the ratio between the
22 purses generated for that breed by that licensee during
23 the prior calendar year and the total purses generated
24 throughout the State for that breed during the prior
25 calendar year.
26 (2) The remaining 50% of the moneys distributed
27 under this subsection (b) shall be distributed pro rata
28 according to the aggregate proportion of state-wide
29 handle at the racetrack, inter-track, and inter-track
30 wagering locations that derive their licenses from a
31 racetrack identified in this paragraph (2) for calendar
32 years 1994, 1996, and 1997 to (i) any person (or its
33 successors or assigns) who had operating control of a
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1 racing facility at which live racing was conducted in
2 calendar year 1997 and who has operating control of an
3 organization licensee that conducted racing in calendar
4 year 1997 and is a licensee in the current year, or (ii)
5 any person (or its successors or assigns) who has
6 operating control of a racing facility located in a
7 county that is bounded by the Mississippi River that has
8 a population of less than 150,000 according to the 1990
9 decennial census and conducted an average of 60 days of
10 racing per year between 1985 and 1993 and has been
11 awarded an inter-track wagering license in the current
12 year.
13 If any person identified in this paragraph (2)
14 becomes ineligible to receive moneys from the Fund, such
15 amount shall be redistributed among the remaining persons
16 in proportion to their percentages otherwise calculated.
17 (Source: P.A. 91-40, eff. 6-25-99.)
18 Section 905. The Riverboat Gambling Act is amended by
19 changing Sections 2, 4, 5, and 13 as follows:
20 (230 ILCS 10/2) (from Ch. 120, par. 2402)
21 Sec. 2. Legislative Intent.
22 (a) This Act is intended to benefit the people of the
23 State of Illinois by assisting economic development and
24 promoting Illinois tourism.
25 (b) While authorization of riverboat gambling will
26 enhance investment, development and tourism in Illinois, it
27 is recognized that it will do so successfully only if public
28 confidence and trust in the credibility and integrity of the
29 gambling operations and the regulatory process is maintained.
30 Therefore, regulatory provisions of this Act are designed to
31 strictly regulate the facilities, persons, associations and
32 practices related to gambling operations pursuant to the
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1 police powers of the State, including comprehensive law
2 enforcement supervision.
3 (c) The Illinois Gaming Board established under this Act
4 should, as soon as possible, inform each applicant for an
5 owners license of the Board's intent to grant or deny a
6 license.
7 (Source: P.A. 86-1029.)
8 (230 ILCS 10/4) (from Ch. 120, par. 2404)
9 Sec. 4. Definitions. As used in this Act:
10 (a) "Board" means the Illinois Gaming Board until the
11 close of business on the effective date of this amendatory
12 Act of the 91st General Assembly, and, beginning immediately
13 after the close of business on the effective date of this
14 amendatory Act, means the Illinois Gambling Board.
15 (b) "Occupational license" means a license issued by the
16 Board to a person or entity to perform an occupation which
17 the Board has identified as requiring a license to engage in
18 riverboat gambling in Illinois.
19 (c) "Gambling game" includes, but is not limited to,
20 baccarat, twenty-one, poker, craps, slot machine, video game
21 of chance, roulette wheel, klondike table, punchboard, faro
22 layout, keno layout, numbers ticket, push card, jar ticket,
23 or pull tab which is authorized by the Board as a wagering
24 device under this Act.
25 (d) "Riverboat" means a self-propelled excursion boat or
26 a permanently moored barge on which lawful gambling is
27 authorized and licensed as provided in this Act.
28 (e) (Blank).
29 (f) "Dock" means the location where a riverboat moors
30 for the purpose of embarking passengers for and disembarking
31 passengers from the riverboat.
32 (g) "Gross receipts" means the total amount of money
33 exchanged for the purchase of chips, tokens or electronic
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1 cards by riverboat patrons.
2 (h) "Adjusted gross receipts" means the gross receipts
3 less winnings paid to wagerers.
4 (i) "Cheat" means to alter the selection of criteria
5 which determine the result of a gambling game or the amount
6 or frequency of payment in a gambling game.
7 (j) (Blank). "Department" means the Department of
8 Revenue.
9 (k) "Gambling operation" means the conduct of authorized
10 gambling games upon a riverboat.
11 (Source: P.A. 91-40, eff. 6-25-99.)
12 (230 ILCS 10/5) (from Ch. 120, par. 2405)
13 Sec. 5. Gaming Board.
14 (a) (1) The There is hereby established within the
15 Department of Revenue an Illinois Gaming Board which shall
16 have the powers and duties specified in this Act, and all
17 other powers necessary and proper to fully and effectively
18 execute this Act for the purpose of administering,
19 regulating, and enforcing the system of riverboat gambling
20 established by this Act. Its jurisdiction shall extend under
21 this Act to every person, association, corporation,
22 partnership and trust involved in riverboat gambling
23 operations in the State of Illinois.
24 (2) (Blank). The Board shall consist of 5 members to be
25 appointed by the Governor with the advice and consent of the
26 Senate, one of whom shall be designated by the Governor to be
27 chairman. Each member shall have a reasonable knowledge of
28 the practice, procedure and principles of gambling
29 operations. Each member shall either be a resident of
30 Illinois or shall certify that he will become a resident of
31 Illinois before taking office. At least one member shall be
32 experienced in law enforcement and criminal investigation, at
33 least one member shall be a certified public accountant
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1 experienced in accounting and auditing, and at least one
2 member shall be a lawyer licensed to practice law in
3 Illinois.
4 (3) (Blank). The terms of office of the Board members
5 shall be 3 years, except that the terms of office of the
6 initial Board members appointed pursuant to this Act will
7 commence from the effective date of this Act and run as
8 follows: one for a term ending July 1, 1991, 2 for a term
9 ending July 1, 1992, and 2 for a term ending July 1, 1993.
10 Upon the expiration of the foregoing terms, the successors of
11 such members shall serve a term for 3 years and until their
12 successors are appointed and qualified for like terms.
13 Vacancies in the Board shall be filled for the unexpired term
14 in like manner as original appointments. Each member of the
15 Board shall be eligible for reappointment at the discretion
16 of the Governor with the advice and consent of the Senate.
17 (4) (Blank). Each member of the Board shall receive $300
18 for each day the Board meets and for each day the member
19 conducts any hearing pursuant to this Act. Each member of
20 the Board shall also be reimbursed for all actual and
21 necessary expenses and disbursements incurred in the
22 execution of official duties.
23 (5) (Blank). No person shall be appointed a member of
24 the Board or continue to be a member of the Board who is, or
25 whose spouse, child or parent is, a member of the board of
26 directors of, or a person financially interested in, any
27 gambling operation subject to the jurisdiction of this Board,
28 or any race track, race meeting, racing association or the
29 operations thereof subject to the jurisdiction of the
30 Illinois Racing Board. No Board member shall hold any other
31 public office for which he shall receive compensation other
32 than necessary travel or other incidental expenses. No
33 person shall be a member of the Board who is not of good
34 moral character or who has been convicted of, or is under
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1 indictment for, a felony under the laws of Illinois or any
2 other state, or the United States.
3 (6) (Blank). Any member of the Board may be removed by
4 the Governor for neglect of duty, misfeasance, malfeasance,
5 or nonfeasance in office.
6 (7) (Blank). Before entering upon the discharge of the
7 duties of his office, each member of the Board shall take an
8 oath that he will faithfully execute the duties of his office
9 according to the laws of the State and the rules and
10 regulations adopted therewith and shall give bond to the
11 State of Illinois, approved by the Governor, in the sum of
12 $25,000. Every such bond, when duly executed and approved,
13 shall be recorded in the office of the Secretary of State.
14 Whenever the Governor determines that the bond of any member
15 of the Board has become or is likely to become invalid or
16 insufficient, he shall require such member forthwith to renew
17 his bond, which is to be approved by the Governor. Any
18 member of the Board who fails to take oath and give bond
19 within 30 days from the date of his appointment, or who fails
20 to renew his bond within 30 days after it is demanded by the
21 Governor, shall be guilty of neglect of duty and may be
22 removed by the Governor. The cost of any bond given by any
23 member of the Board under this Section shall be taken to be a
24 part of the necessary expenses of the Board.
25 (8) (Blank). Upon the request of the Board, the
26 Department shall employ such personnel as may be necessary to
27 carry out the functions of the Board. No person shall be
28 employed to serve the Board who is, or whose spouse, parent
29 or child is, an official of, or has a financial interest in
30 or financial relation with, any operator engaged in gambling
31 operations within this State or any organization engaged in
32 conducting horse racing within this State. Any employee
33 violating these prohibitions shall be subject to termination
34 of employment.
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1 (9) An Administrator shall perform any and all duties
2 arising under this Act that the Board shall assign him. The
3 salary of the Administrator shall be determined by the Board
4 and approved by the Director of the Department and, in
5 addition, he or she shall be reimbursed for all actual and
6 necessary expenses incurred by him or her in discharge of his
7 or her official duties. The Administrator shall keep records
8 of all proceedings of the Board pursuant to this Act and
9 shall preserve all records, books, documents, and other
10 papers belonging to the Board or entrusted to its care that
11 are required to be kept pursuant to this Act. The
12 Administrator shall devote his full time to the duties of the
13 office and shall not hold any other office or employment.
14 (b) The Board shall have general responsibility for the
15 implementation of this Act. Its duties include, without
16 limitation, the following:
17 (1) To decide promptly and in reasonable order all
18 license applications. Any party aggrieved by an action of
19 the Board denying, suspending, revoking, restricting or
20 refusing to renew a license may request a hearing before
21 the Board. A request for a hearing must be made to the
22 Board in writing within 5 days after service of notice of
23 the action of the Board. Notice of the action of the
24 Board shall be served either by personal delivery or by
25 certified mail, postage prepaid, to the aggrieved party.
26 Notice served by certified mail shall be deemed complete
27 on the business day following the date of such mailing.
28 The Board shall conduct all requested hearings promptly
29 and in reasonable order;
30 (2) To conduct all hearings pertaining to civil
31 violations of this Act or rules and regulations
32 promulgated hereunder;
33 (3) To promulgate such rules and regulations as in
34 its judgment may be necessary to protect or enhance the
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1 credibility and integrity of gambling operations
2 authorized by this Act and the regulatory process
3 hereunder;
4 (4) To provide for the establishment and collection
5 of all license and registration fees and taxes imposed by
6 this Act and the rules and regulations issued pursuant
7 hereto. All such fees and taxes shall be deposited into
8 the State Gaming Fund;
9 (5) To provide for the levy and collection of
10 penalties and fines for the violation of provisions of
11 this Act and the rules and regulations promulgated
12 hereunder. All such fines and penalties shall be
13 deposited into the Education Assistance Fund, created by
14 Public Act 86-0018, of the State of Illinois;
15 (6) To be present through its inspectors and agents
16 any time gambling operations are conducted on any
17 riverboat for the purpose of certifying the revenue
18 thereof, receiving complaints from the public, and
19 conducting such other investigations into the conduct of
20 the gambling games and the maintenance of the equipment
21 as from time to time the Board may deem necessary and
22 proper;
23 (7) To review and rule upon any complaint by a
24 licensee regarding any investigative procedures of the
25 State which are unnecessarily disruptive of gambling
26 operations. The need to inspect and investigate shall be
27 presumed at all times. The disruption of a licensee's
28 operations shall be proved by clear and convincing
29 evidence, and establish that: (A) the procedures had no
30 reasonable law enforcement purposes, and (B) the
31 procedures were so disruptive as to unreasonably inhibit
32 gambling operations;
33 (8) (Blank); To hold at least one meeting each
34 quarter of the fiscal year. In addition, special
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1 meetings may be called by the Chairman or any 2 Board
2 members upon 72 hours written notice to each member. All
3 Board meetings shall be subject to the Open Meetings Act.
4 Three members of the Board shall constitute a quorum, and
5 3 votes shall be required for any final determination by
6 the Board. The Board shall keep a complete and accurate
7 record of all its meetings. A majority of the members of
8 the Board shall constitute a quorum for the transaction
9 of any business, for the performance of any duty, or for
10 the exercise of any power which this Act requires the
11 Board members to transact, perform or exercise en banc,
12 except that, upon order of the Board, one of the Board
13 members or an administrative law judge designated by the
14 Board may conduct any hearing provided for under this Act
15 or by Board rule and may recommend findings and decisions
16 to the Board. The Board member or administrative law
17 judge conducting such hearing shall have all powers and
18 rights granted to the Board in this Act. The record made
19 at the time of the hearing shall be reviewed by the
20 Board, or a majority thereof, and the findings and
21 decision of the majority of the Board shall constitute
22 the order of the Board in such case;
23 (9) To maintain records concerning matters it
24 regulates pursuant to this Act that which are separate
25 and distinct from the records of any other State board or
26 commission. Such records shall be available for public
27 inspection and shall accurately reflect all Board
28 proceedings;
29 (10) To file a written annual report concerning
30 matters it regulates pursuant to this Act with the
31 Governor on or before March 1 each year and such
32 additional reports as the Governor may request. The
33 annual report shall include a statement of receipts and
34 disbursements by the Board, actions taken by the Board,
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1 and any additional information and recommendations which
2 the Board may deem valuable or which the Governor may
3 request;
4 (11) (Blank); and
5 (12) To assume responsibility for the
6 administration and enforcement of the Bingo License and
7 Tax Act, the Charitable Games Act, and the Pull Tabs and
8 Jar Games Act if such responsibility is delegated to it
9 by the Director of Revenue.
10 (c) The Board shall have jurisdiction over and shall
11 supervise all gambling operations governed by this Act. The
12 Board shall have all powers necessary and proper to fully and
13 effectively execute the provisions of this Act, including,
14 but not limited to, the following:
15 (1) To investigate applicants and determine the
16 eligibility of applicants for licenses and to select
17 among competing applicants the applicants which best
18 serve the interests of the citizens of Illinois.
19 (2) To have jurisdiction and supervision over all
20 riverboat gambling operations in this State and all
21 persons on riverboats where gambling operations are
22 conducted.
23 (3) To promulgate rules and regulations for the
24 purpose of administering the provisions of this Act and
25 to prescribe rules, regulations and conditions under
26 which all riverboat gambling in the State shall be
27 conducted. Such rules and regulations are to provide for
28 the prevention of practices detrimental to the public
29 interest and for the best interests of riverboat
30 gambling, including rules and regulations regarding the
31 inspection of such riverboats and the review of any
32 permits or licenses necessary to operate a riverboat
33 under any laws or regulations applicable to riverboats,
34 and to impose penalties for violations thereof.
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1 (4) To enter the office, riverboats, facilities, or
2 other places of business of a licensee, where evidence of
3 the compliance or noncompliance with the provisions of
4 this Act is likely to be found.
5 (5) To investigate alleged violations of this Act
6 or the rules of the Board and to take appropriate
7 disciplinary action against a licensee or a holder of an
8 occupational license for a violation, or institute
9 appropriate legal action for enforcement, or both.
10 (6) To adopt standards for the licensing of all
11 persons under this Act, as well as for electronic or
12 mechanical gambling games, and to establish fees for such
13 licenses.
14 (7) To adopt appropriate standards for all
15 riverboats and facilities.
16 (8) To require that the records, including
17 financial or other statements of any licensee under this
18 Act, shall be kept in such manner as prescribed by the
19 Board and that any such licensee involved in the
20 ownership or management of gambling operations submit to
21 the Board an annual balance sheet and profit and loss
22 statement, list of the stockholders or other persons
23 having a 1% or greater beneficial interest in the
24 gambling activities of each licensee, and any other
25 information the Board deems necessary in order to
26 effectively administer this Act and all rules,
27 regulations, orders and final decisions promulgated under
28 this Act.
29 (9) To conduct hearings, issue subpoenas for the
30 attendance of witnesses and subpoenas duces tecum for the
31 production of books, records and other pertinent
32 documents in accordance with the Illinois Administrative
33 Procedure Act, and to administer oaths and affirmations
34 to the witnesses, when, in the judgment of the Board, it
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1 is necessary to administer or enforce this Act or the
2 Board rules.
3 (10) To prescribe a form to be used by any licensee
4 involved in the ownership or management of gambling
5 operations as an application for employment for their
6 employees.
7 (11) To revoke or suspend licenses, as the Board
8 may see fit and in compliance with applicable laws of the
9 State regarding administrative procedures, and to review
10 applications for the renewal of licenses. The Board may
11 suspend an owners license, without notice or hearing upon
12 a determination that the safety or health of patrons or
13 employees is jeopardized by continuing a riverboat's
14 operation. The suspension may remain in effect until the
15 Board determines that the cause for suspension has been
16 abated. The Board may revoke the owners license upon a
17 determination that the owner has not made satisfactory
18 progress toward abating the hazard.
19 (12) To eject or exclude or authorize the ejection
20 or exclusion of, any person from riverboat gambling
21 facilities where such person is in violation of this Act,
22 rules and regulations thereunder, or final orders of the
23 Board, or where such person's conduct or reputation is
24 such that his or her presence within the riverboat
25 gambling facilities may, in the opinion of the Board,
26 call into question the honesty and integrity of the
27 gambling operations or interfere with orderly conduct
28 thereof; provided that the propriety of such ejection or
29 exclusion is subject to subsequent hearing by the Board.
30 (13) To require all licensees of gambling
31 operations to utilize a cashless wagering system whereby
32 all players' money is converted to tokens, electronic
33 cards, or chips which shall be used only for wagering in
34 the gambling establishment.
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1 (14) (Blank).
2 (15) To suspend, revoke or restrict licenses, to
3 require the removal of a licensee or an employee of a
4 licensee for a violation of this Act or a Board rule or
5 for engaging in a fraudulent practice, and to impose
6 civil penalties of up to $5,000 against individuals and
7 up to $10,000 or an amount equal to the daily gross
8 receipts, whichever is larger, against licensees for each
9 violation of any provision of the Act, any rules adopted
10 by the Board, any order of the Board or any other action
11 which, in the Board's discretion, is a detriment or
12 impediment to riverboat gambling operations.
13 (16) To hire employees to gather information,
14 conduct investigations and carry out any other tasks
15 contemplated under this Act.
16 (17) To establish minimum levels of insurance to be
17 maintained by licensees.
18 (18) To authorize a licensee to sell or serve
19 alcoholic liquors, wine or beer as defined in the Liquor
20 Control Act of 1934 on board a riverboat and to have
21 exclusive authority to establish the hours for sale and
22 consumption of alcoholic liquor on board a riverboat,
23 notwithstanding any provision of the Liquor Control Act
24 of 1934 or any local ordinance, and regardless of whether
25 the riverboat makes excursions. The establishment of the
26 hours for sale and consumption of alcoholic liquor on
27 board a riverboat is an exclusive power and function of
28 the State. A home rule unit may not establish the hours
29 for sale and consumption of alcoholic liquor on board a
30 riverboat. This amendatory Act of 1991 is a denial and
31 limitation of home rule powers and functions under
32 subsection (h) of Section 6 of Article VII of the
33 Illinois Constitution.
34 (19) After consultation with the U.S. Army Corps of
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1 Engineers, to establish binding emergency orders upon the
2 concurrence of a majority of the members of the Board
3 regarding the navigability of water, relative to
4 excursions, in the event of extreme weather conditions,
5 acts of God or other extreme circumstances.
6 (20) To delegate the execution of any of its powers
7 under this Act for the purpose of administering and
8 enforcing this Act and its rules and regulations
9 hereunder.
10 (21) To take any other action as may be reasonable
11 or appropriate to enforce this Act and rules and
12 regulations hereunder.
13 (d) The Board may seek and shall receive the cooperation
14 of the Department of State Police in conducting background
15 investigations of applicants and in fulfilling its
16 responsibilities under this Section. Costs incurred by the
17 Department of State Police as a result of such cooperation
18 shall be paid by the Board in conformance with the
19 requirements of Section 2605-400 of the Department of State
20 Police Law (20 ILCS 2605/2605-400).
21 (e) The Board must authorize to each investigator and to
22 any other employee of the Board exercising the powers of a
23 peace officer under this Act a distinct badge that, on its
24 face, (i) clearly states that the badge is authorized by the
25 Board and (ii) contains a unique identifying number. No
26 other badge shall be authorized by the Board under this Act.
27 (Source: P.A. 91-40, eff. 1-1-00; 91-239, eff. 1-1-00;
28 91-883, eff. 1-1-01.)
29 (230 ILCS 10/13) (from Ch. 120, par. 2413)
30 Sec. 13. Wagering tax; rate; distribution.
31 (a) Until January 1, 1998, a tax is imposed on the
32 adjusted gross receipts received from gambling games
33 authorized under this Act at the rate of 20%.
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1 Beginning January 1, 1998, a privilege tax is imposed on
2 persons engaged in the business of conducting riverboat
3 gambling operations, based on the adjusted gross receipts
4 received by a licensed owner from gambling games authorized
5 under this Act at the following rates:
6 15% of annual adjusted gross receipts up to and
7 including $25,000,000;
8 20% of annual adjusted gross receipts in excess of
9 $25,000,000 but not exceeding $50,000,000;
10 25% of annual adjusted gross receipts in excess of
11 $50,000,000 but not exceeding $75,000,000;
12 30% of annual adjusted gross receipts in excess of
13 $75,000,000 but not exceeding $100,000,000;
14 35% of annual adjusted gross receipts in excess of
15 $100,000,000.
16 The taxes imposed by this Section shall be paid by the
17 licensed owner to the Board not later than 3:00 o'clock p.m.
18 of the day after the day when the wagers were made.
19 (b) Until January 1, 1998, 25% of the tax revenue
20 deposited in the State Gaming Fund under this Section shall
21 be paid, subject to appropriation by the General Assembly, to
22 the unit of local government which is designated as the home
23 dock of the riverboat. Beginning January 1, 1998, from the
24 tax revenue deposited in the State Gaming Fund under this
25 Section, an amount equal to 5% of adjusted gross receipts
26 generated by a riverboat shall be paid monthly, subject to
27 appropriation by the General Assembly, to the unit of local
28 government that is designated as the home dock of the
29 riverboat.
30 (c) Appropriations, as approved by the General Assembly,
31 may be made from the State Gaming Fund to the Board
32 Department of Revenue and the Department of State Police for
33 the administration and enforcement of this Act.
34 (c-5) After the payments required under subsections (b)
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1 and (c) have been made, an amount equal to 15% of the
2 adjusted gross receipts of a riverboat (1) that relocates
3 pursuant to Section 11.2, or (2) for which an owners license
4 is initially issued after the effective date of this
5 amendatory Act of 1999, whichever comes first, shall be paid
6 from the State Gaming Fund into the Horse Racing Equity Fund.
7 (c-10) Each year the General Assembly shall appropriate
8 from the General Revenue Fund to the Education Assistance
9 Fund an amount equal to the amount paid into the Horse Racing
10 Equity Fund pursuant to subsection (c-5) in the prior
11 calendar year.
12 (c-15) After the payments required under subsections
13 (b), (c), and (c-5) have been made, an amount equal to 2% of
14 the adjusted gross receipts of a riverboat (1) that relocates
15 pursuant to Section 11.2, or (2) for which an owners license
16 is initially issued after the effective date of this
17 amendatory Act of 1999, whichever comes first, shall be paid,
18 subject to appropriation from the General Assembly, from the
19 State Gaming Fund to each home rule county with a population
20 of over 3,000,000 inhabitants for the purpose of enhancing
21 the county's criminal justice system.
22 (c-20) Each year the General Assembly shall appropriate
23 from the General Revenue Fund to the Education Assistance
24 Fund an amount equal to the amount paid to each home rule
25 county with a population of over 3,000,000 inhabitants
26 pursuant to subsection (c-15) in the prior calendar year.
27 (c-25) After the payments required under subsections
28 (b), (c), (c-5) and (c-15) have been made, an amount equal to
29 2% of the adjusted gross receipts of a riverboat (1) that
30 relocates pursuant to Section 11.2, or (2) for which an
31 owners license is initially issued after the effective date
32 of this amendatory Act of 1999, whichever comes first, shall
33 be paid from the State Gaming Fund into the State
34 Universities Athletic Capital Improvement Fund.
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1 (d) From time to time, the Board shall transfer the
2 remainder of the funds generated by this Act into the
3 Education Assistance Fund, created by Public Act 86-0018, of
4 the State of Illinois.
5 (e) Nothing in this Act shall prohibit the unit of local
6 government designated as the home dock of the riverboat from
7 entering into agreements with other units of local government
8 in this State or in other states to share its portion of the
9 tax revenue.
10 (f) To the extent practicable, the Board shall
11 administer and collect the wagering taxes imposed by this
12 Section in a manner consistent with the provisions of
13 Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
14 6c, 8, 9, and 10 of the Retailers' Occupation Tax Act and
15 Section 3-7 of the Uniform Penalty and Interest Act.
16 (Source: P.A. 90-548, eff. 12-4-97; 91-40, eff. 6-25-99.)
17 Section 910. The Liquor Control Act of 1934 is amended
18 by changing Section 6-30 as follows:
19 (235 ILCS 5/6-30) (from Ch. 43, par. 144f)
20 Sec. 6-30. Notwithstanding any other provision of this
21 Act, the Illinois Gambling Gaming Board shall have exclusive
22 authority to establish the hours for sale and consumption of
23 alcoholic liquor on board a riverboat during riverboat
24 gambling excursions conducted in accordance with the
25 Riverboat Gambling Act.
26 (Source: P.A. 87-826.)
27 Section 915. The Illinois Equine Infectious Anemia
28 Control Act is amended by changing Section 5 as follows:
29 (510 ILCS 65/5) (from Ch. 8, par. 955)
30 Sec. 5. Quarantine and branding of reactors. In the
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1 event an Illinois owner voluntarily elects to have his
2 equidae tested and a reactor is found, the reactor shall be
3 (a) quarantined until death or until released by a written
4 notice from the Department and (b) permanently identified
5 with a freezemarking brand which shall be applied by an
6 employee of the Department, a veterinarian in the employ of
7 the Illinois Gambling Racing Board, or an employee of the
8 Animal and Plant Health Inspection Service of the United
9 States Department of Agriculture or any successor agency.
10 The freezemarking brand shall be not less than 2 inches in
11 height, shall be applied to the left side of the neck of the
12 reactor, and the identifying mark shall be "33" followed by
13 the letter "A" and a number designated by the Department to
14 indicate individual identification.
15 Any animal under 12 months of age which reacts positively
16 to an official test for EIA shall be quarantined and retested
17 at 12 months of age. If positive at that time, it shall be
18 subject to permanent identification as a reactor and continue
19 under quarantine. Foals being nursed by reactor dams shall
20 be quarantined until they are weaned from their dams and have
21 a negative official test for EIA not less than 60 days
22 following their weaning.
23 (Source: P.A. 86-223.)
24 (230 ILCS 5/2 rep.)
25 (230 ILCS 5/3.18 rep.)
26 (230 ILCS 5/4 rep.)
27 (230 ILCS 5/5 rep.)
28 (230 ILCS 5/6 rep.)
29 (230 ILCS 5/7 rep.)
30 (230 ILCS 5/8 rep.)
31 (230 ILCS 5/10 rep.)
32 (230 ILCS 5/12 rep.)
33 (230 ILCS 5/13 rep.)
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1 (230 ILCS 5/14 rep.)
2 (230 ILCS 5/14a rep.)
3 Section 950. The Illinois Horse Racing Act of 1975 is
4 amended by repealing Sections 2, 3.18, 4, 5, 6, 7, 8, 10, 12,
5 13, 14, and 14a.
6 Section 999. Effective date. This Act takes effect upon
7 becoming law.
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1 INDEX
2 Statutes amended in order of appearance
3 30 ILCS 105/6b-2 from Ch. 127, par. 142b2
4 30 ILCS 120/18 from Ch. 85, par. 668
5 70 ILCS 1825/5.1 from Ch. 19, par. 255.1
6 230 ILCS 5/3.01 from Ch. 8, par. 37-3.01
7 230 ILCS 5/3.18 from Ch. 8, par. 37-3.18
8 230 ILCS 5/9 from Ch. 8, par. 37-9
9 230 ILCS 5/15.3 from Ch. 8, par. 37-15.3
10 230 ILCS 5/18 from Ch. 8, par. 37-18
11 230 ILCS 5/20 from Ch. 8, par. 37-20
12 230 ILCS 5/26 from Ch. 8, par. 37-26
13 230 ILCS 5/28.1
14 230 ILCS 5/30 from Ch. 8, par. 37-30
15 230 ILCS 5/30.5
16 230 ILCS 5/31 from Ch. 8, par. 37-31
17 230 ILCS 5/54
18 230 ILCS 10/2 from Ch. 120, par. 2402
19 230 ILCS 10/4 from Ch. 120, par. 2404
20 230 ILCS 10/5 from Ch. 120, par. 2405
21 230 ILCS 10/13 from Ch. 120, par. 2413
22 235 ILCS 5/6-30 from Ch. 43, par. 144f
23 510 ILCS 65/5 from Ch. 8, par. 955
24 230 ILCS 5/2 rep.
25 230 ILCS 5/3.18 rep.
26 230 ILCS 5/4 rep.
27 230 ILCS 5/5 rep.
28 230 ILCS 5/6 rep.
29 230 ILCS 5/7 rep.
30 230 ILCS 5/8 rep.
31 230 ILCS 5/10 rep.
32 230 ILCS 5/12 rep.
33 230 ILCS 5/13 rep.
34 230 ILCS 5/14 rep.
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1 230 ILCS 5/14a rep.