Bill Text: IL SB0747 | 2011-2012 | 97th General Assembly | Amended

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Bill Title: Amends the Illinois Horse Racing Act of 1975. Makes a technical change in a Section concerning thoroughbred horses.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB0747 Detail]

Download: Illinois-2011-SB0747-Amended.html

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Sen. Terry Link

Filed: 11/10/2011

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AMENDMENT TO SENATE BILL 747
AMENDMENT NO. ______. Amend Senate Bill 747, AS AMENDED,
with reference to page and line numbers of Senate Amendment No.
4, on page 50, line 8, by replacing "jurisdiction" with
"exclusive jurisdiction"; and
on page 81, line 3, by replacing "grants" with "operational
grants"; and
on page 84, line 9, after the period, by inserting "Such amount
shall not be less than $10,000,000 annually."; and
on page 84, line 21, by deleting "solely"; and
on page 84, line 24, after the period, by inserting
"Additionally, the first $5,000,000 of deposits into the Fund
shall be used for promotional costs associated with the
Illinois State Fairgrounds in Sangamon County."; and

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on page 143, line 19, by replacing "the" with "these"; and
on page 144, immediately below line 11, by inserting the
following:
"(iii) 2,200 races in any year following the most
recent preceding complete calendar year when the combined
adjusted gross receipts of the electronic gaming licensees
operating at Cook County racetracks total in excess of
$300,000,000, but do not exceed $350,000,000;"; and
on page 145, line 4, by deleting "the"; and
on page 145, line 8, by replacing "the" with "these"; and
on page 145, line 11, after "award", by inserting "racing
dates"; and
on page 145, line 15, by replacing "(e-5)" with "(e-4.5)"; and
on page 145, line 16, by replacing "during" with "for"; and
on page 244, line 20, by replacing "Gaming" with "Gambling";
and
on page 245, line 20, by replacing "owners or trainers" with

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"owners and trainers"; and
on page 246, lines 6 and 18, by replacing "owners or trainers"
each time it appears with "owners and trainers"; and
by deleting line 22 on page 248 through line 5 on page 249; and
on page 313, line 7, by replacing "license" with "licensee";
and
on page 313, line 21, after "County", by inserting "whose
electronic gaming license originates with an organization
licensee"; and
on page 313, line 23, after "County", by inserting "whose
electronic gaming license originates with an organization
licensee"; and
on page 313, line 25, after "licensee", by inserting "whose
electronic gaming license originates with an organization
licensee"; and
on page 314, line 2, by replacing "license" with "licensee";
and
by replacing line 4 on page 314 through line 22 on page 315,

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with the following:
"(e) Each applicant for an electronic gaming license shall
specify in its application for licensure the number of gaming
positions it will operate, up to the applicable limitation set
forth in subsection (d) of this Section. Any unreserved gaming
positions that are not specified shall be forfeited and
retained by the Board. For the purposes of this subsection (e),
an electronic gaming licensee that did not conduct live racing
in 2010 may reserve up to 900 positions and shall not be
penalized under this Section for not operating those positions
until it meets the requirements of subsection (d) of this
Section, but such licensee shall not request unreserved gaming
positions under this subsection (e) until its 900 positions are
all operational. Thereafter, the Board shall offer any
unreserved gaming positions in equal amounts to electronic
gaming licensees, or applicants therefor, that have purchased
all of the positions that were offered. This process shall
continue until all unreserved gaming positions have been
purchased. All positions obtained pursuant to this process and
all positions the electronic gaming licensee specified it would
operate in its application must be in operation within 18
months after they were obtained or the electronic gaming
licensee forfeits the right to operate those positions, but is
not entitled to a refund of any fees paid. The Board may, after
holding a public hearing, grant extensions so long as the

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electronic gaming licensee is working in good faith to make the
positions operational. The extension may be for a period of 6
months. If, after the period of the extension, the electronic
gaming licensee has not made the positions operational, then
another public hearing must be held by the Board before it may
grant another extension.
Unreserved gaming positions retained from and allocated to
electronic gaming licensees by the Board pursuant to this
subsection (e) shall not be allocated to owners licensees
pursuant to subsection (h-10) of Section 7 of this Act. For the
purpose of this subsection (e), the unreserved gaming positions
for each electronic gaming licensee shall be the applicable
limitation set forth in subsection (d) of this Section, less
the number of reserved gaming positions by such electronic
gaming licensee, and the total unreserved gaming positions
shall be the aggregate of the unreserved gaming positions for
all electronic gaming licensees."; and
on page 303, line 11, after the period, by inserting "Nothing
in this paragraph shall prevent an owners license from
immediately having up to 1,600 gaming positions in operation on
the effective date of this amendatory Act of the 97th General
Assembly upon receipt of the required payment for the gaming
positions."; and
on page 303, line 22, after the period, by inserting "The Board

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may, after holding a public hearing, grant extensions so long
as a licensed owner is working in good faith to make the
positions operational. The extension may be for a period of 6
months. If, after the period of extension, a licensed owner has
not made the positions operational, then another public hearing
must be held by the Board before it may grant another
extension."; and
on page 315, line 4, after the period, by inserting "The Board
may, after holding a public hearing, grant extensions so long
as a licensed owner is working in good faith to make the
positions operational. The extension may be for a period of 6
months. If, after the period of extension, a licensed owner has
not made the positions operational, then another public hearing
must be held by the Board before it may grant another
extension."; and
on page 346, lines 6 and 7, by replacing "on December 31, 2013"
with "upon the imposition of the privilege tax under subsection
(a-5) of this Section"; and
on page 347, line 6, by replacing "January 1, 2014" with "the
date when at least 500 additional gaming positions authorized
by this amendatory Act of the 97th General Assembly are being
used to conduct gambling operations"; and

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on page 359, line 13, by replacing "$10,000,000" with
"$12,500,000"; and
on page 359, line 15, by replacing "$1,000,000" with
"$1,500,000"; and
on page 359, line 17, by replacing "$2,500,000" with
"$3,000,000"; and
on page 359, line 20, by replacing "$2,500,000" with
"$3,000,000"; and
on page 359, line 22, by replacing "$4,000,000" with
"$5,000,000"; and
on page 359, line 24, by replacing "$1,000,000" with
"$6,000,000"; and
on page 371, immediately below line 4, by inserting the
following:
"Section 90-42. The Video Gaming Act is amended by changing
Section 78 as follows:
(230 ILCS 40/78)
Sec. 78. Authority of the Illinois Gaming Board.

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(a) The Board shall have jurisdiction over and shall
supervise all gaming operations governed by this Act. The Board
shall have all powers necessary and proper to fully and
effectively execute the provisions of this Act, including, but
not limited to, the following:
(1) To investigate applicants and determine the
eligibility of applicants for licenses and to select among
competing applicants the applicants which best serve the
interests of the citizens of Illinois.
(2) To have jurisdiction and supervision over all video
gaming operations in this State and all persons in
establishments where video gaming operations are
conducted.
(3) To adopt rules for the purpose of administering the
provisions of this Act and to prescribe rules, regulations,
and conditions under which all video gaming in the State
shall be conducted. Such rules and regulations are to
provide for the prevention of practices detrimental to the
public interest and for the best interests of video gaming,
including rules and regulations regarding the inspection
of such establishments and the review of any permits or
licenses necessary to operate an establishment under any
laws or regulations applicable to establishments and to
impose penalties for violations of this Act and its rules.
(b) The Board shall adopt emergency rules to administer
this Act in accordance with Section 5-45 of the Illinois

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Administrative Procedure Act. For the purposes of the Illinois
Administrative Procedure Act, the General Assembly finds that
the adoption of rules to implement this Act is deemed an
emergency and necessary to the public interest, safety, and
welfare.
(c) Within 120 days after the effective date of this
amendatory Act of the 97th General Assembly, the Board shall
select and execute a contract with a vendor for the central
communications system and make applications for licensed
establishments, licensed fraternal establishments, licensed
veterans establishments, and licensed truck stop
establishments available for potential applicants. The Board
shall make every reasonable effort to ensure that video gaming
operations are being conducted in this State by no later than
January 1, 2013.
(Source: P.A. 96-38, eff. 7-13-09; 96-1410, eff. 7-30-10.)".