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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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: 10/26/2011

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AMENDMENT TO SENATE BILL 747
AMENDMENT NO. ______. Amend Senate Bill 747 by replacing
everything after the enacting clause with the following:
"ARTICLE 1.
Section 1-1. Short title. This Article may be cited as the
Chicago Casino Development Authority Act. References in this
Article to "this Act" mean this Article.
Section 1-5. Definitions. As used in this Act:
"Authority" means the Chicago Casino Development Authority
created by this Act.
"Board" means the board appointed pursuant to this Act to
govern and control the Authority.
"Casino" means one temporary land-based or water-based
facility and one permanent land-based or water-based facility
at each of which lawful gambling is authorized and licensed as

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provided in the Illinois Gambling Act.
"City" means the City of Chicago.
"Casino operator licensee" means any person or entity
selected by the Authority and approved and licensed by the
Gaming Board to manage and operate a casino within the City of
Chicago pursuant to a casino management contract.
"Casino management contract" means a legally binding
agreement between the Authority and a casino operator licensee
to operate or manage a casino.
"Executive director" means the person appointed by the
Board to oversee the daily operations of the Authority.
"Gaming Board" means the Illinois Gaming Board created by
the Illinois Gambling Act.
"Mayor" means the Mayor of the City.
Section 1-12. Creation of the Authority. There is hereby
created a political subdivision, unit of local government with
only the powers authorized by law, body politic, and municipal
corporation, by the name and style of the Chicago Casino
Development Authority.
Section 1-13. Duties of the Authority. It shall be the duty
of the Authority, as a casino licensee under the Illinois
Gambling Act, to promote and maintain a casino in the City. The
Authority shall construct, equip, and maintain grounds,
buildings, and facilities for that purpose. The Authority shall

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contract with a casino operator licensee to manage and operate
the casino and in no event shall the Authority or City manage
or operate the casino. The Authority may, pursuant to the
bidding procedures of Section 1-115, contract with other third
parties in order to fulfill its purpose. The Authority is
responsible for the payment of any fees required of a casino
operator under subsection (a) of Section 7.8 of the Illinois
Gambling Act if the casino operator licensee is late in paying
any such fees. The Authority is granted all rights and powers
necessary to perform such duties. The Authority and casino
operator licensee are subject to the Illinois Gambling Act and
all of the rules of the Illinois Gaming Board.
Section 1-15. Board.
(a) The governing and administrative powers of the
Authority shall be vested in a body known as the Chicago Casino
Development Board. The Board shall consist of 5 members
appointed by the Mayor. All appointees shall be subject to
background investigation and approval by the Gaming Board. One
of these members shall be designated by the Mayor to serve as
chairperson. All of the members appointed by the Mayor shall be
residents of the City.
(b) Board members shall receive $300 for each day the
Authority meets and shall be entitled to reimbursement of
reasonable expenses incurred in the performance of their
official duties. A Board member who serves in the office of

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secretary-treasurer may also receive compensation for services
provided as that officer.
Section 1-20. Terms of appointments; resignation and
removal.
(a) The Mayor shall appoint 2 members of the Board for an
initial term expiring July 1 of the year following approval by
the Gaming Board, 2 members for an initial term expiring July 1
three years following approval by the Gaming Board, and one
member for an initial term expiring July 1 five years following
approval by the Gaming Board.
(b) All successors shall hold office for a term of 5 years
from the first day of July of the year in which they are
appointed, except in the case of an appointment to fill a
vacancy. Each member, including the chairperson, shall hold
office until the expiration of his or her term and until his or
her successor is appointed and qualified. Nothing shall
preclude a member from serving consecutive terms. Any member
may resign from office, to take effect when a successor has
been appointed and qualified. A vacancy in office shall occur
in the case of a member's death or indictment, conviction, or
plea of guilty to a felony. A vacancy shall be filled for the
unexpired term by the Mayor with the approval of the Gaming
Board.
(c) Members of the Board shall serve at the pleasure of the
Mayor. The Mayor or the Gaming Board may remove any member of

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the Board upon a finding of incompetence, neglect of duty, or
misfeasance or malfeasance in office or for a violation of this
Act. The Gaming Board may remove any member of the Board for
any violation of the Illinois Gambling Act or the rules and
regulations of the Gaming Board.
Section 1-25. Organization of Board; meetings. After
appointment by the Mayor and approval of the Gaming Board, the
Board shall organize for the transaction of business. The Board
shall prescribe the time and place for meetings, the manner in
which special meetings may be called, and the notice that must
be given to members. All actions and meetings of the Board
shall be subject to the provisions of the Open Meetings Act.
Three members of the Board shall constitute a quorum. All
substantive action of the Board shall be by resolution with an
affirmative vote of a majority of the members.
Section 1-30. Executive director; officers.
(a) The Board shall appoint an executive director, subject
to completion of a background investigation and approval by the
Gaming Board, who shall be the chief executive officer of the
Authority. The Board shall fix the compensation of the
executive director. Subject to the general control of the
Board, the executive director shall be responsible for the
management of the business, properties, and employees of the
Authority. The executive director shall direct the enforcement

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of all resolutions, rules, and regulations of the Board, and
shall perform such other duties as may be prescribed from time
to time by the Board. All employees and independent
contractors, consultants, engineers, architects, accountants,
attorneys, financial experts, construction experts and
personnel, superintendents, managers, and other personnel
appointed or employed pursuant to this Act shall report to the
executive director. In addition to any other duties set forth
in this Act, the executive director shall do all of the
following:
(1) Direct and supervise the administrative affairs
and activities of the Authority in accordance with its
rules, regulations, and policies.
(2) Attend meetings of the Board.
(3) Keep minutes of all proceedings of the Board.
(4) Approve all accounts for salaries, per diem
payments, and allowable expenses of the Board and its
employees and consultants.
(5) Report and make recommendations to the Board
concerning the terms and conditions of any casino
management contract.
(6) Perform any other duty that the Board requires for
carrying out the provisions of this Act.
(7) Devote his or her full time to the duties of the
office and not hold any other office or employment.
(b) The Board may select a secretary-treasurer to hold

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office at the pleasure of the Board. The Board shall fix the
duties of such officer.
Section 1-31. General rights and powers of the Authority.
In addition to the duties and powers set forth in this Act, the
Authority shall have the following rights and powers:
(1) Adopt and alter an official seal.
(2) Establish and change its fiscal year.
(3) Sue and be sued, plead and be impleaded, all in its
own name, and agree to binding arbitration of any dispute
to which it is a party.
(4) Adopt, amend, and repeal bylaws, rules, and
regulations consistent with the furtherance of the powers
and duties provided for.
(5) Maintain its principal office within the City and
such other offices as the Board may designate.
(6) Select locations in the City for a temporary and a
permanent casino, subject to final approval by the Gaming
Board, but in no event shall any location be at or in an
airport.
(7) Conduct background investigations of potential
casino operator licensees, including its principals or
shareholders, and Authority staff.
(8) Subject to the bidding procedures of Section 1-115
(except for regular employees) employ, either as regular
employees or independent contractors, consultants,

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engineers, architects, accountants, attorneys, financial
experts, construction experts and personnel,
superintendents, managers and other professional
personnel, and such other personnel as may be necessary in
the judgment of the Board, and fix their compensation.
(9) Pursuant to Section 1-115, own, acquire,
construct, equip, lease, operate, and maintain grounds,
buildings, and facilities to carry out its corporate
purposes and duties.
(10) Enter into, revoke, and modify contracts subject
to prior approval and procedures of the Gaming Board.
(11) Enter into a casino management contract subject to
the prior approval of the Gaming Board.
(12) Develop, or cause to be developed by a third party
pursuant to Section 1-115, a master plan for the design,
planning, and development of a casino, subject to the
approval of the Gaming Board.
(13) Negotiate and enter into intergovernmental
agreements with the State and its agencies, the City, and
other units of local government, in furtherance of the
powers and duties of the Board.
(14) Receive and disburse funds for its own corporate
purposes or as otherwise specified in this Act.
(15) Borrow money from any source, public or private,
for any corporate purpose, including, without limitation,
working capital for its operations, reserve funds, or

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payment of interest, and to mortgage, pledge, or otherwise
encumber the property or funds of the Authority and to
contract with or engage the services of any person in
connection with any financing, including financial
institutions, issuers of letters of credit, or insurers and
enter into reimbursement agreements with this person or
entity which may be secured as if money were borrowed from
the person or entity.
(16) Issue bonds as provided for under this Act.
(17) Receive and accept from any source, private or
public, contributions, gifts, or grants of money or
property to the Authority.
(18) Provide for the insurance of any property,
operations, officers, members, agents, or employees of the
Authority against any risk or hazard, to self-insure or
participate in joint self-insurance pools or entities to
insure against such risk or hazard, and to provide for the
indemnification of its officers, members, employees,
contractors, or agents against any and all risks.
(19) Exercise all the corporate powers granted
Illinois corporations under the Business Corporation Act
of 1983, except to the extent that powers are inconsistent
with those of a body politic and corporate of the State.
(20) Do all things necessary or convenient to carry out
the powers granted by this Act.

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Section 1-32. Ethical conduct.
(a) Board members and employees of the Authority must carry
out their duties and responsibilities in such a manner as to
promote and preserve public trust and confidence in the
integrity and conduct of gaming.
(b) Except as may be required in the conduct of official
duties, Board members and employees of the Authority shall not
engage in gambling on any riverboat, in any casino, or in an
electronic gaming facility licensed by the Illinois Gaming
Board or engage in legalized gambling in any establishment
identified by Board action that, in the judgment of the Board,
could represent a potential for a conflict of interest.
(c) A Board member or employee of the Authority shall not
use or attempt to use his or her official position to secure or
attempt to secure any privilege, advantage, favor, or influence
for himself or herself or others.
(d) Board members and employees of the Authority shall not
hold or pursue employment, office, position, business, or
occupation that may conflict with his or her official duties.
Employees may engage in other gainful employment so long as
that employment does not interfere or conflict with their
duties. Such employment must be disclosed to the executive
director and approved by the Board.
(e) Board members and employees of the Authority may not
engage in employment, communications, or any activity that may
be deemed a conflict of interest. This prohibition shall extend

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to any act identified by Board action or Gaming Board action
that, in the judgment of either entity, could represent the
potential for or the appearance of a conflict of interest.
(f) Board members and employees of the Authority and
elected officials and employees of the City of Chicago may not
have a financial interest, directly or indirectly, in his or
her own name or in the name of any other person, partnership,
association, trust, corporation, or other entity in any
contract or subcontract for the performance of any work for the
Authority. This prohibition shall extend to the holding or
acquisition of an interest in any entity identified by Board
action or Gaming Board action that, in the judgment of either
entity, could represent the potential for or the appearance of
a financial interest. The holding or acquisition of an interest
in such entities through an indirect means, such as through a
mutual fund, shall not be prohibited, except that the Gaming
Board may identify specific investments or funds that, in its
judgment, are so influenced by gaming holdings as to represent
the potential for or the appearance of a conflict of interest.
(g) Board members and employees of the Authority and
elected officials and employees of the City of Chicago may not
accept any gift, gratuity, service, compensation, travel,
lodging, or thing of value, with the exception of unsolicited
items of an incidental nature, from any person, corporation, or
entity doing business with the Authority.
(h) No Board member or employee of the Authority may,

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during employment or within a period of 2 years immediately
after termination of employment, knowingly accept employment
or receive compensation or fees for services from a person or
entity, or its parent or affiliate, that has engaged in
business with the Authority that resulted in contracts with an
aggregate value of at least $25,000 or if that Board member or
employee has made a decision that directly applied to the
person or entity, or its parent or affiliate.
(i) A spouse, child, or parent of a Board member or
employee of the Authority or an elected official or employee of
the City of Chicago may not have a financial interest, directly
or indirectly, in his or her own name or in the name of any
other person, partnership, association, trust, corporation, or
other entity in any contract or subcontract for the performance
of any work for the Authority. This prohibition shall extend to
the holding or acquisition of an interest in any entity
identified by Board action or Gaming Board action that, in the
judgment of either entity, could represent the potential for or
the appearance of a conflict of interest. The holding or
acquisition of an interest in such entities through an indirect
means, such as through a mutual fund, shall not be prohibited,
expect that the Gaming Board may identify specific investments
or funds that, in its judgment, are so influenced by gaming
holdings as to represent the potential for or the appearance of
a conflict of interest.
(j) A spouse, child, or parent of a Board member or

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employee of the Authority or an elected official or employee of
the City of Chicago may not accept any gift, gratuity, service,
compensation, travel, lodging, or thing of value, with the
exception of unsolicited items of an incidental nature, from
any person, corporation, or entity doing business with the
Authority.
(k) A spouse, child, or parent of a Board member or
employee of the Authority may not, while the person is a Board
member or employee of the spouse or within a period of 2 years
immediately after termination of employment, knowingly accept
employment or receive compensation or fees for services from a
person or entity, or its parent or affiliate, that has engaged
in business with the Authority that resulted in contracts with
an aggregate value of at least $25,000 or if that Board member
or employee has made a decision that directly applied to the
person or entity, or its parent or affiliate.
(l) No Board member or employee of the Authority or an
elected official or employee of the City of Chicago may
attempt, in any way, to influence any person or corporation
doing business with the Authority or any officer, agent, or
employee thereof to hire or contract with any person or
corporation for any compensated work.
(m) Any communication between an elected official of the
City and any applicant for or party to a casino management
contract with the Authority, or an officer, director, or
employee thereof, concerning any manner relating in any way to

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gaming or the Authority shall be disclosed to the Board and the
Gaming Board. Such disclosure shall be in writing by the
official within 30 days after the communication and shall be
filed with the Board. Disclosure must consist of the date of
the communication, the identity and job title of the person
with whom the communication was made, a brief summary of the
communication, the action requested or recommended, all
responses made, the identity and job title of the person making
the response, and any other pertinent information.
Public disclosure of the written summary provided to the
Board and the Gaming Board shall be subject to the exemptions
provided under Section 7 of the Freedom of Information Act.
(n) Any Board member or employee of the Authority who
violates any provision of this Section is guilty of a Class 4
felony.
Section 1-45. Casino management contracts.
(a) The Gaming Board shall develop and administer a
competitive sealed bidding process in accordance with Section
20-15 of the Illinois Procurement Code and all applicable rules
for the selection of a potential casino operator licensee to
develop or operate a casino within the City. The Gaming Board
shall issue one or more requests for proposals. The Gaming
Board may establish minimum financial and investment
requirements to determine the eligibility of persons to respond
to the Gaming Board's requests for proposal, and may establish

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and consider such other criteria as it deems appropriate. The
Gaming Board may impose a reasonable fee upon persons who
respond to requests for proposal, in order to reimburse the
Board for its costs in preparing and issuing the requests and
reviewing the proposals.
(b) Within 5 days after the due date for submitting bids
and proposals has passed, the Gaming Board shall make all bids
and proposals public, provided, however, the Gaming Board shall
not be required to disclose any information which would be
exempt from disclosure under Section 7 of the Freedom of
Information Act. Thereafter, the Gaming Board shall evaluate
the responses to its requests for proposal and the ability of
all persons or entities responding to its requests for proposal
to meet the requirements of this Act and to undertake and
perform the obligations set forth in its requests for proposal.
(c) After reviewing proposals, the Gaming Board shall allow
the Board to enter into a casino management contract
authorizing the operation of a casino. Validity of the casino
management contract is contingent upon the issuance of a casino
operator license to the successful bidder. If the Gaming Board
approves the contract and grants a casino operator license, the
Board shall transmit a copy of the executed casino management
contract to the Gaming Board.
(d) After the Authority has been issued a casino license,
the Gaming Board has issued a casino operator license, and the
Gaming Board has approved the location of a temporary facility,

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the Authority may conduct gaming operations at a temporary
facility for no longer than 24 months after gaming operations
begin. The Gaming Board may, after holding a public hearing,
grant an extension so long as a permanent facility is not
operational and the Authority is working in good faith to
complete the permanent facility. The Gaming Board may grant
additional extensions following a public hearing. Each
extension may be for a period of no longer than 6 months.
(e) Fifty percent of any initial consideration received by
the Authority that was paid as an inducement pursuant to a bid
for a casino management contract or an executed casino
management contract must be transmitted to the State and
deposited into the Gaming Facilities Fee Revenue Fund. The
initial consideration shall not include any amounts paid by an
entity on behalf of the Authority for any license or per
position fees imposed pursuant to the Illinois Gambling Act or
any other financial obligation of the Authority.
Section 1-50. Transfer of funds. The revenues received by
the Authority (other than amounts required to be paid pursuant
to the Illinois Gambling Act and amounts required to pay the
operating expenses of the Authority, to pay amounts due the
casino operator licensee pursuant to a casino management
contract, to repay any borrowing of the Authority made pursuant
to Section 1-31, to pay debt service on any bonds issued under
Section 1-75, and to pay any expenses in connection with the

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issuance of such bonds pursuant to Section 1-75 or derivative
products pursuant to Section 1-85) shall be transferred to the
City by the Authority. The monies transferred to the City
pursuant to this Section shall be expended or obligated by the
City for the construction and maintenance of infrastructure and
for related purposes within the municipality. Such
infrastructure may include, but is not limited to, roads,
bridges transit infrastructure, water and sewer
infrastructure, schools, parks, and municipal facilities.
Section 1-60. Auditor General.
(a) Prior to the issuance of bonds under this Act, the
Authority shall submit to the Auditor General a certification
that:
(1) it is legally authorized to issue bonds;
(2) scheduled annual payments of principal and
interest on the bonds to be issued meet the requirements of
Section 1-75 of this Act;
(3) no bond shall mature later than 30 years; and
(4) after payment of costs of issuance and necessary
deposits to funds and accounts established with respect to
debt service on the bonds, the net bond proceeds (exclusive
of any proceeds to be used to refund outstanding bonds)
will be used only for the purposes set forth in this Act.
The Authority also shall submit to the Auditor General its
projections on revenues to be generated and pledged to

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repayment of the bonds as scheduled and such other information
as the Auditor General may reasonably request.
The Auditor General shall examine the certifications and
information submitted and submit a report to the Authority and
the Gaming Board indicating whether the required
certifications, projections, and other information have been
submitted by the Authority and that the assumptions underlying
the projections are not unreasonable in the aggregate. The
Auditor General shall submit the report no later than 60 days
after receiving the information required to be submitted by the
Authority.
The Authority shall not issue bonds until it receives the
report from the Auditor General indicating the requirements of
this Section have been met. The Auditor General's report shall
not be in the nature of a post-audit or examination and shall
not lead to the issuance of an opinion, as that term is defined
in generally accepted government auditing standards. The
Auditor General shall submit a bill to the Authority for costs
associated with the examinations and report required under this
Section. The Authority shall reimburse in a timely manner.
(b) The Authority shall enter into an intergovernmental
agreement with the Auditor General authorizing the Auditor
General to, every 2 years, (i) review the financial audit of
the Authority performed by the Authority's certified public
accountants, (ii) perform a management audit of the Authority,
and (iii) perform a management audit of the casino operator

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licensee. The Auditor General shall provide the Authority and
the General Assembly with the audits and shall post a copy on
his or her website. The Auditor General shall submit a bill to
the Authority for costs associated with the review and the
audit required under this Section, which costs shall not exceed
$100,000, and the Authority shall reimburse the Auditor General
for such costs in a timely manner.
Section 1-62. Advisory committee. An Advisory Committee is
established to monitor, review, and report on (1) the
Authority's utilization of minority-owned business enterprises
and female-owned business enterprises certified pursuant to
the Business Enterprise Act or the City of Chicago's Minority
and Women-owned Business (M/WBE) Procurement Program, (2)
employment of females, and (3) employment of minorities with
regard to the development and construction of the casino as
authorized under Section 7 of the Illinois Gambling Act. The
Authority shall work with the Advisory Committee in
accumulating necessary information for the Committee to submit
reports, as necessary, to the General Assembly and to the City.
The Committee shall consist of 11 members as provided in
this Section. Four members shall be selected by the Governor; 3
members shall be selected by the Mayor of the City of Chicago;
one member shall be selected by the President of the Senate;
one member shall be selected by the Speaker of the House of
Representatives; one member shall be selected by the Minority

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Leader of the Senate; and one member shall be selected by the
Minority Leader of the House of Representatives. The Advisory
Committee shall meet periodically and shall report the
information to the Mayor of the City and to the General
Assembly by December 31st of every year.
The Advisory Committee shall be dissolved on the date that
casino gambling operations are first conducted at a permanent
facility under the license authorized under Section 7 of the
Illinois Gambling Act. For the purposes of this Section, the
terms "female" and "minority person" have the meanings provided
in Section 2 of the Business Enterprise for Minorities,
Females, and Persons with Disabilities Act.
Section 1-65. Acquisition of property; eminent domain
proceedings. For the lawful purposes of this Act, the City may
acquire by eminent domain or by condemnation proceedings in the
manner provided by the Eminent Domain Act, real or personal
property or interests in real or personal property located in
the City, and the City may convey to the Authority property so
acquired. The acquisition of property under this Section is
declared to be for a public use.
Section 1-70. Local regulation. The casino facilities and
operations therein shall be subject to all ordinances and
regulations of the City. The construction, development, and
operation of the casino shall comply with all ordinances,

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regulations, rules, and controls of the City, including but not
limited to those relating to zoning and planned development,
building, fire prevention, and land use. However, the
regulation of gaming operations is subject to the exclusive
jurisdiction of the Gaming Board.
Section 1-75. Borrowing.
(a) The Authority may borrow money and issue bonds as
provided in this Section. Bonds of the Authority may be issued
to provide funds for land acquisition, site assembly and
preparation, and the design and construction of the casino, as
defined in the Illinois Gambling Act, all ancillary and related
facilities comprising the casino complex, and all on-site and
off-site infrastructure improvements required in connection
with the development of the casino; to refund (at the time or
in advance of any maturity or redemption) or redeem any bonds
of the Authority; to provide or increase a debt service reserve
fund or other reserves with respect to any or all of its bonds;
or to pay the legal, financial, administrative, bond insurance,
credit enhancement, and other legal expenses of the
authorization, issuance, or delivery of bonds. In this Act, the
term "bonds" also includes notes of any kind, interim
certificates, refunding bonds, or any other evidence of
obligation for borrowed money issued under this Section. Bonds
may be issued in one or more series and may be payable and
secured either on a parity with or separately from other bonds.

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(b) The bonds of the Authority shall be payable from one or
more of the following sources: (i) the property or revenues of
the Authority; (ii) revenues derived from the casino; (iii)
revenues derived from any casino operator licensee; (iv) fees,
bid proceeds, charges, lease payments, payments required
pursuant to any casino management contract or other revenues
payable to the Authority, or any receipts of the Authority; (v)
payments by financial institutions, insurance companies, or
others pursuant to letters or lines of credit, policies of
insurance, or purchase agreements; (vi) investment earnings
from funds or accounts maintained pursuant to a bond resolution
or trust indenture; (vii) proceeds of refunding bonds; (viii)
any other revenues derived from or payments by the City; and
(ix) any payments by any casino operator licensee or others
pursuant to any guaranty agreement.
(c) Bonds shall be authorized by a resolution of the
Authority and may be secured by a trust indenture by and
between the Authority and a corporate trustee or trustees,
which may be any trust company or bank having the powers of a
trust company within or without the State. Bonds shall meet the
following requirements:
(1) Bonds shall bear interest at a rate not to exceed
the maximum rate authorized by the Bond Authorization Act.
(2) Bonds issued pursuant to this Section may be
payable on such dates and times as may be provided for by
the resolution or indenture authorizing the issuance of

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such bonds; provided, however, that such bonds shall mature
no later than 30 years from the date of issuance.
(3) At least 25%, based on total principal amount, of
all bonds issued pursuant to this Section shall be sold
pursuant to notice of sale and public bid. No more than
75%, based on total principal amount, of all bonds issued
pursuant to this Section shall be sold by negotiated sale.
(4) Bonds shall be payable at a time or times, in the
denominations and form, including book entry form, either
coupon, registered, or both, and carry the registration and
privileges as to exchange, transfer or conversion, and
replacement of mutilated, lost, or destroyed bonds as the
resolution or trust indenture may provide.
(5) Bonds shall be payable in lawful money of the
United States at a designated place.
(6) Bonds shall be subject to the terms of purchase,
payment, redemption, refunding, or refinancing that the
resolution or trust indenture provides.
(7) Bonds shall be executed by the manual or facsimile
signatures of the officers of the Authority designated by
the Board, which signatures shall be valid at delivery even
for one who has ceased to hold office.
(8) Bonds shall be sold at public or private sale in
the manner and upon the terms determined by the Authority.
(9) Bonds shall be issued in accordance with the
provisions of the Local Government Debt Reform Act.

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(d) The Authority shall adopt a procurement program with
respect to contracts relating to underwriters, bond counsel,
financial advisors, and accountants. The program shall include
goals for the payment of not less than 30% of the total dollar
value of the fees from these contracts to certified
minority-owned businesses and female-owned businesses as
defined in the Business Enterprise for Minorities, Females, and
Persons with Disabilities Act. The Authority shall conduct
outreach to minority-owned businesses and female-owned
businesses. Outreach shall include, but is not limited to,
advertisements in periodicals and newspapers, mailings, and
other appropriate media. The Authority shall submit to the
General Assembly a comprehensive report that shall include, at
a minimum, the details of the procurement plan, outreach
efforts, and the results of the efforts to achieve goals for
the payment of fees.
(e) Subject to the Illinois Gambling Act and rules of the
Gaming Board regarding pledging of interests in holders of
owners licenses, any resolution or trust indenture may contain
provisions that may be a part of the contract with the holders
of the bonds as to the following:
(1) Pledging, assigning, or directing the use,
investment, or disposition of revenues of the Authority or
proceeds or benefits of any contract, including without
limitation any rights in any casino management contract.
(2) The setting aside of loan funding deposits, debt

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service reserves, replacement or operating reserves, cost
of issuance accounts and sinking funds, and the regulation,
investment, and disposition thereof.
(3) Limitations on the purposes to which or the
investments in which the proceeds of sale of any issue of
bonds or the Authority's revenues and receipts may be
applied or made.
(4) Limitations on the issue of additional bonds, the
terms upon which additional bonds may be issued and
secured, the terms upon which additional bonds may rank on
a parity with, or be subordinate or superior to, other
bonds.
(5) The refunding, advance refunding, or refinancing
of outstanding bonds.
(6) The procedure, if any, by which the terms of any
contract with bondholders may be altered or amended and the
amount of bonds and holders of which must consent thereto
and the manner in which consent shall be given.
(7) Defining the acts or omissions that shall
constitute a default in the duties of the Authority to
holders of bonds and providing the rights or remedies of
such holders in the event of a default, which may include
provisions restricting individual rights of action by
bondholders.
(8) Providing for guarantees, pledges of property,
letters of credit, or other security, or insurance for the

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benefit of bondholders.
(f) No member of the Board, nor any person executing the
bonds, shall be liable personally on the bonds or subject to
any personal liability by reason of the issuance of the bonds.
(g) The Authority may issue and secure bonds in accordance
with the provisions of the Local Government Credit Enhancement
Act.
(h) A pledge by the Authority of revenues and receipts as
security for an issue of bonds or for the performance of its
obligations under any casino management contract shall be valid
and binding from the time when the pledge is made. The revenues
and receipts pledged shall immediately be subject to the lien
of the pledge without any physical delivery or further act, and
the lien of any pledge shall be valid and binding against any
person having any claim of any kind in tort, contract, or
otherwise against the Authority, irrespective of whether the
person has notice. No resolution, trust indenture, management
agreement or financing statement, continuation statement, or
other instrument adopted or entered into by the Authority need
be filed or recorded in any public record other than the
records of the Authority in order to perfect the lien against
third persons, regardless of any contrary provision of law.
(i) Bonds that are being paid or retired by issuance, sale,
or delivery of bonds, and bonds for which sufficient funds have
been deposited with the paying agent or trustee to provide for
payment of principal and interest thereon, and any redemption

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premium, as provided in the authorizing resolution, shall not
be considered outstanding for the purposes of this subsection.
(j) The bonds of the Authority shall not be indebtedness of
the State. The bonds of the Authority are not general
obligations of the State and are not secured by a pledge of the
full faith and credit of the State and the holders of bonds of
the Authority may not require, except as provided in this Act,
the application of State revenues or funds to the payment of
bonds of the Authority.
(k) The State of Illinois pledges and agrees with the
owners of the bonds that it will not limit or alter the rights
and powers vested in the Authority by this Act so as to impair
the terms of any contract made by the Authority with the owners
or in any way impair the rights and remedies of the owners
until the bonds, together with interest on them, and all costs
and expenses in connection with any action or proceedings by or
on behalf of the owners, are fully met and discharged. The
Authority is authorized to include this pledge and agreement in
any contract with the owners of bonds issued under this
Section.
(l) No person holding an elective office in the City or
this State, holding a seat in the General Assembly, or serving
as a board member, trustee, officer, or employee of the
Authority, including the spouse of that person, may receive a
legal, banking, consulting, or other fee related to the
issuance of bonds. This prohibition shall also apply to a

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company or firm that employs a person holding an elective
office in this State, holding a seat in the General Assembly,
or serving as a board member, trustee, officer, or employee of
the Authority, including the spouse of that person, if the
person or his or her spouse has greater than 7.5% ownership of
the company or firm.
Section 1-85. Derivative products. With respect to all or
part of any issue of its bonds, the Authority may enter into
agreements or contracts with any necessary or appropriate
person, which will have the benefit of providing to the
Authority an interest rate basis, cash flow basis, or other
basis different from that provided in the bonds for the payment
of interest. Such agreements or contracts may include, without
limitation, agreements or contracts commonly known as
"interest rate swap agreements", "forward payment conversion
agreements", "futures", "options", "puts", or "calls" and
agreements or contracts providing for payments based on levels
of or changes in interest rates, agreements or contracts to
exchange cash flows or a series of payments, or to hedge
payment, rate spread, or similar exposure.
Section 1-90. Legality for investment. The State of
Illinois, all governmental entities, all public officers,
banks, bankers, trust companies, savings banks and
institutions, building and loan associations, savings and loan

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associations, investment companies, and other persons carrying
on a banking business, insurance companies, insurance
associations, and other persons carrying on an insurance
business, and all executors, administrators, guardians,
trustees, and other fiduciaries may legally invest any sinking
funds, moneys, or other funds belonging to them or within their
control in any bonds issued under this Act. However, nothing in
this Section shall be construed as relieving any person, firm,
or corporation from any duty of exercising reasonable care in
selecting securities for purchase or investment.
Section 1-105. Budgets and reporting.
(a) The Board shall annually adopt a budget for each fiscal
year. The budget may be modified from time to time in the same
manner and upon the same vote as it may be adopted. The budget
shall include the Authority's available funds and estimated
revenues and shall provide for payment of its obligations and
estimated expenditures for the fiscal year, including, without
limitation, expenditures for administration, operation,
maintenance and repairs, debt service, and deposits into
reserve and other funds and capital projects.
(b) The Board shall annually cause the finances of the
Authority to be audited by a firm of certified public
accountants selected by the Board in accordance with the rules
of the Gaming Board and post the firm's audits of the Authority
on the Authority's Internet website.

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(c) The Board shall, for each fiscal year, prepare an
annual report setting forth information concerning its
activities in the fiscal year and the status of the development
of the casino. The annual report shall include the audited
financial statements of the Authority for the fiscal year, the
budget for the succeeding fiscal year, and the current capital
plan as of the date of the report. Copies of the annual report
shall be made available to persons who request them and shall
be submitted not later than 120 days after the end of the
Authority's fiscal year or, if the audit of the Authority's
financial statements is not completed within 120 days after the
end of the Authority's fiscal year, as soon as practical after
completion of the audit, to the Governor, the Mayor, the
General Assembly, and the Commission on Government Forecasting
and Accountability.
Section 1-110. Deposit and withdrawal of funds.
(a) All funds deposited by the Authority in any bank or
savings and loan association shall be placed in the name of the
Authority and shall be withdrawn or paid out only by check or
draft upon the bank or savings and loan association, signed by
2 officers or employees designated by the Board.
Notwithstanding any other provision of this Section, the Board
may designate any of its members or any officer or employee of
the Authority to authorize the wire transfer of funds deposited
by the secretary-treasurer of funds in a bank or savings and

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loan association for the payment of payroll and employee
benefits-related expenses.
No bank or savings and loan association shall receive
public funds as permitted by this Section unless it has
complied with the requirements established pursuant to Section
6 of the Public Funds Investment Act.
(b) If any officer or employee whose signature appears upon
any check or draft issued pursuant to this Act ceases (after
attaching his signature) to hold his or her office before the
delivery of such a check or draft to the payee, his or her
signature shall nevertheless be valid and sufficient for all
purposes with the same effect as if he or she had remained in
office until delivery thereof.
Section 1-112. Contracts with the Authority or casino
operator licensee; disclosure requirements.
(a) A bidder, respondent, offeror, or contractor for
contracts with the Authority or casino operator licensee shall
disclose the identity of all officers and directors and every
owner, beneficiary, or person with beneficial interest of more
than 1% or shareholder entitled to receive more than 1% of the
total distributable income of any corporation having any
interest in the contract or in the bidder, respondent, offeror,
or contractor. The disclosure shall be in writing and attested
to by an owner, trustee, corporate official, or agent. If stock
in a corporation is publicly traded and there is no readily

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known individual having greater than a 1% interest, then a
statement to that effect attested to by an officer or agent of
the corporation shall fulfill the disclosure statement
requirement of this Section. A bidder, respondent, offeror, or
contractor shall notify the Authority of any changes in
officers, directors, ownership, or individuals having a
beneficial interest of more than 1%.
(b) A bidder, respondent, offeror, or contractor for
contracts with an annual value of $10,000 or more or for a
period to exceed one year shall disclose all political
contributions of the bidder, respondent, offeror, or
contractor and any affiliated person or entity. Disclosure
shall include at least the names and addresses of the
contributors and the dollar amounts of any contributions to any
political committee made within the previous 2 years. The
disclosure must be submitted to the Gaming Board with a copy of
the contract.
(c) As used in this Section:
"Contribution" means contribution as defined in Section
9-1.4 of the Election Code.
"Affiliated person" means (i) any person with any ownership
interest or distributive share of the bidding, responding, or
contracting entity in excess of 1%, (ii) executive employees of
the bidding, responding, or contracting entity, and (iii) the
spouse and minor children of any such persons.
"Affiliated entity" means (i) any parent or subsidiary of

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the bidding or contracting entity, (ii) any member of the same
unitary business group, or (iii) any political committee for
which the bidding, responding, or contracting entity is the
sponsoring entity.
(d) The Gaming Board may direct the Authority or a casino
operator licensee to void a contract if a violation of this
Section occurs. The Authority may direct a casino operator
licensee to void a contract if a violation of this Section
occurs.
(e) All contracts pertaining to the actual operation of the
casino and related gaming activities shall be entered into by
the casino operator licensee and not the Authority.
Section 1-115. Purchasing.
(a) All construction contracts and contracts for supplies,
materials, equipment, and services, when the cost thereof to
the Authority or its agent exceeds the small purchase amount
set by the Illinois Procurement Code, shall be let by a
competitive selection process pursuant to the procedures of one
of the following as applicable: Article 20, 30, 33, or 35 of
the Illinois Procurement Code.
(b) All contracts involving less than the small purchase
amount set by the Illinois Procurement Code shall be let by
competitive selection process whenever possible, and in any
event in a manner calculated to ensure the best interests of
the public.

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(c) In determining the responsibility of any proposer, the
Authority shall take into account the responsibility factors
enumerated in Section 1.2046 of Title 44 of the Illinois
Administrative Code including the proposer's (or an individual
having a beneficial interest, directly or indirectly, of more
than 1% in such proposing entity) past record of dealings with
the Authority, the proposer's experience, adequacy of
equipment, and ability to complete performance within the time
set, and other factors besides financial responsibility. No
such contract shall be awarded to any proposer other than the
lowest proposer (in case of purchase or expenditure) unless
authorized or approved by a vote of at least 3 members of the
Board and such action is accompanied by a written statement
setting forth the reasons for not awarding the contract to the
highest or lowest proposer, as the case may be. The statement
shall be kept on file in the principal office of the Authority
and open to public inspection.
(d) The Authority shall have the right to reject all
proposals and to re-advertise for proposals. If after any such
re-advertisement, no proposals meet the mandatory minimum
requirements within the terms of the original bid or the
re-advertisement, the Authority may award such contract
without competitive selection, provided that the Gaming Board
must approve the contract prior to its execution. The contract
must not be less advantageous to the Authority than any valid
proposal received pursuant to advertisement.

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(e) Advertisements for proposals and re-proposals shall be
published at least once in a daily newspaper of general
circulation published in the City at least 10 calendar days
before the time for receiving proposals in an online bulletin
published on the Authority's website and in the Illinois
Procurement Bulletin. Such advertisements shall state the time
and place for receiving and opening of proposals and, by
reference to plans and specifications on file at the time of
the first publication or in the advertisement itself, shall
describe the character of the proposed contract in sufficient
detail to fully advise prospective proposers of their
obligations and to ensure free and open competitive selection.
(f) All proposals in response to advertisements shall be
sealed and shall be publicly opened by the Authority. All
proposers shall be entitled to be present in person or by
representatives at bid opening. Cash or a certified or
satisfactory cashier's check, as a deposit of good faith, in a
reasonable amount to be fixed by the Authority before
advertising for proposals, shall be required with the proposal.
A bond for faithful performance of the contract with surety or
sureties satisfactory to the Authority and adequate insurance
may be required in reasonable amounts to be fixed by the
Authority before advertising for proposals.
(g) The contract shall be awarded as promptly as possible
after the opening of proposals. The proposal of the successful
proposer, as well as the bids of the unsuccessful proposers,

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shall be placed on file and be open to public inspection
subject to the exemptions from disclosure provided under
Section 7 of the Freedom of Information Act. All proposals
shall be void if any disclosure of the terms of any proposals
in response to an advertisement is made or permitted to be made
by the Authority before the time fixed for opening proposals.
(h) Notice of each and every contract that is offered,
including renegotiated contracts and change orders, shall be
published in an online bulletin and the appropriate Illinois
Procurement Bulletin. The online bulletin must include at least
the date first offered, the date submission of offers is due,
the location that offers are to be submitted to, a brief
purchase description, the method of source selection,
information of how to obtain a comprehensive purchase
description and any disclosure and contract forms, and
encouragement to prospective vendors to hire qualified
veterans, as defined by Section 45-67 of the Illinois
Procurement Code, and Illinois residents discharged from any
Illinois adult correctional center subject to Gaming Board
licensing and eligibility rules. Notice of each and every
contract that is let or awarded, including renegotiated
contracts and change orders, shall be published in the online
bulletin and must include at least all of the information
specified in this subsection (h), as well as the name of the
successful responsible proposer or offeror, the contract
price, and the number of unsuccessful responsive proposers and

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any other disclosure specified in this Section. This notice
must be posted in the online electronic bulletin prior to
execution of the contract.
(i) The Gaming Board shall act as Chief Procurement Officer
for the Authority.
Section 1-130. Affirmative action and equal opportunity
obligations of Authority.
(a) The Authority is subject to the requirements of Article
IV of Chapter 2-92 (Sections 2-92-650 through 2-92-720
inclusive) of the Chicago Municipal Code, as now or hereafter
amended, renumbered, or succeeded, concerning a Minority-Owned
and Women-Owned Business Enterprise Procurement Program for
construction contracts, and Section 2-92-420 et seq. of the
Chicago Municipal Code, as now or hereafter amended,
renumbered, or succeeded, concerning a Minority-Owned and
Women-Owned Business Enterprise Procurement Program to
determine the status of a firm as a Minority Business
Enterprise for city procurement purposes.
(b) The Authority is authorized to enter into agreements
with contractors' associations, labor unions, and the
contractors working on the development of the casino to
establish an apprenticeship preparedness training program to
provide for an increase in the number of minority and female
journeymen and apprentices in the building trades and to enter
into agreements with community college districts or other

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public or private institutions to provide readiness training.
The Authority is further authorized to enter into contracts
with public and private educational institutions and persons in
the gaming, entertainment, hospitality, and tourism industries
to provide training for employment in those industries.
Section 1-135. Transfer of interest. Neither the Authority
nor the City may sell, lease, rent, transfer, exchange, or
otherwise convey any interest that they have in the casino
without prior approval of the General Assembly.
Section 1-140. Home rule. The regulation and licensing of
casinos and casino gaming, casino gaming facilities, and casino
operator licensees under this Act are exclusive powers and
functions of the State. A home rule unit may not regulate or
license casinos, casino gaming, casino gaming facilities, or
casino operator licensees under this Act, except as provided
under this Act. This Section is a denial and limitation of home
rule powers and functions under subsection (h) of Section 6 of
Article VII of the Illinois Constitution.
ARTICLE 90.
Section 90-1. Findings. The General Assembly makes all of
the following findings:
(1) That more than 50 municipalities and 5 counties

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have opted out of video gaming legislation that was enacted
by the 96th General Assembly as Public Act 96-34, and
revenues for the State's newly approved capital
construction program are on track to fall short of
projections.
(2) That these shortfalls could postpone much-needed
road construction, school construction, and other
infrastructure improvements.
(3) That the State likely will wait a year or more,
until video gaming is licensed, organized, and online, to
realize meaningful revenue from the program.
(4) That a significant infusion of new revenue is
necessary to ensure that those projects, which are
fundamental to the State's economic recovery, proceed as
planned.
(5) That the decline of the Illinois horse racing and
breeding program, a $2.5 billion industry, would be
reversed if this amendatory Act of the 97th General
Assembly would be enacted.
(6) That the Illinois horse racing industry is on the
verge of extinction due to fierce competition from fully
developed horse racing and gaming operations in other
states.
(7) That Illinois lawmakers agreed in 1999 to earmark
15% of the forthcoming 10th riverboat's revenue for horse
racing; however, the 10th riverboat did not become

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operational until July, 2011.
(8) That allowing the State's horse racing venues,
currently licensed gaming destinations, to maximize their
capacities with gaming machines, would generate up to $120
million to $200 million for the State in the form of extra
licensing fees, plus an additional $100 million to $300
million in recurring annual tax revenue for the State to
help ensure that school, road, and other building projects
promised under the capital plan occur on schedule.
(9) That Illinois agriculture and other businesses
that support and supply the horse racing industry, already
a sector that employs over 37,000 Illinoisans, also stand
to substantially benefit and would be much more likely to
create additional jobs should Illinois horse racing once
again become competitive with other states.
(10) That by keeping these projects on track, the State
can be sure that significant job and economic growth will
in fact result from the previously enacted legislation.
(11) That gaming machines at Illinois horse racing
tracks would create an estimated 1,200 to 1,500 permanent
jobs, and an estimated capital investment of up to $200
million to $400 million at these race tracks would prompt
additional trade organization jobs necessary to construct
new facilities or remodel race tracks to operate electronic
gaming.

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Section 90-3. The State Officials and Employees Ethics Act
is amended by changing Sections 5-45, and 20-10 as follows:
(5 ILCS 430/5-45)
Sec. 5-45. Procurement; revolving door prohibition.
(a) No former officer, member, or State employee, or spouse
or immediate family member living with such person, shall,
within a period of one year immediately after termination of
State employment, knowingly accept employment or receive
compensation or fees for services from a person or entity if
the officer, member, or State employee, during the year
immediately preceding termination of State employment,
participated personally and substantially in the award of State
contracts, or the issuance of State contract change orders,
with a cumulative value of $25,000 or more to the person or
entity, or its parent or subsidiary.
(b) No former officer of the executive branch or State
employee of the executive branch with regulatory or licensing
authority, or spouse or immediate family member living with
such person, shall, within a period of one year immediately
after termination of State employment, knowingly accept
employment or receive compensation or fees for services from a
person or entity if the officer or State employee, during the
year immediately preceding termination of State employment,
participated personally and substantially in making a
regulatory or licensing decision that directly applied to the

09700SB0747sam001 - 42 - LRB097 04468 AEK 59057 a
person or entity, or its parent or subsidiary.
(c) Within 6 months after the effective date of this
amendatory Act of the 96th General Assembly, each executive
branch constitutional officer and legislative leader, the
Auditor General, and the Joint Committee on Legislative Support
Services shall adopt a policy delineating which State positions
under his or her jurisdiction and control, by the nature of
their duties, may have the authority to participate personally
and substantially in the award of State contracts or in
regulatory or licensing decisions. The Governor shall adopt
such a policy for all State employees of the executive branch
not under the jurisdiction and control of any other executive
branch constitutional officer.
The policies required under subsection (c) of this Section
shall be filed with the appropriate ethics commission
established under this Act or, for the Auditor General, with
the Office of the Auditor General.
(d) Each Inspector General shall have the authority to
determine that additional State positions under his or her
jurisdiction, not otherwise subject to the policies required by
subsection (c) of this Section, are nonetheless subject to the
notification requirement of subsection (f) below due to their
involvement in the award of State contracts or in regulatory or
licensing decisions.
(e) The Joint Committee on Legislative Support Services,
the Auditor General, and each of the executive branch

09700SB0747sam001 - 43 - LRB097 04468 AEK 59057 a
constitutional officers and legislative leaders subject to
subsection (c) of this Section shall provide written
notification to all employees in positions subject to the
policies required by subsection (c) or a determination made
under subsection (d): (1) upon hiring, promotion, or transfer
into the relevant position; and (2) at the time the employee's
duties are changed in such a way as to qualify that employee.
An employee receiving notification must certify in writing that
the person was advised of the prohibition and the requirement
to notify the appropriate Inspector General in subsection (f).
(f) Any State employee in a position subject to the
policies required by subsection (c) or to a determination under
subsection (d), but who does not fall within the prohibition of
subsection (h) below, who is offered non-State employment
during State employment or within a period of one year
immediately after termination of State employment shall, prior
to accepting such non-State employment, notify the appropriate
Inspector General. Within 10 calendar days after receiving
notification from an employee in a position subject to the
policies required by subsection (c), such Inspector General
shall make a determination as to whether the State employee is
restricted from accepting such employment by subsection (a) or
(b). In making a determination, in addition to any other
relevant information, an Inspector General shall assess the
effect of the prospective employment or relationship upon
decisions referred to in subsections (a) and (b), based on the

09700SB0747sam001 - 44 - LRB097 04468 AEK 59057 a
totality of the participation by the former officer, member, or
State employee in those decisions. A determination by an
Inspector General must be in writing, signed and dated by the
Inspector General, and delivered to the subject of the
determination within 10 calendar days or the person is deemed
eligible for the employment opportunity. For purposes of this
subsection, "appropriate Inspector General" means (i) for
members and employees of the legislative branch, the
Legislative Inspector General; (ii) for the Auditor General and
employees of the Office of the Auditor General, the Inspector
General provided for in Section 30-5 of this Act; and (iii) for
executive branch officers and employees, the Inspector General
having jurisdiction over the officer or employee. Notice of any
determination of an Inspector General and of any such appeal
shall be given to the ultimate jurisdictional authority, the
Attorney General, and the Executive Ethics Commission.
(g) An Inspector General's determination regarding
restrictions under subsection (a) or (b) may be appealed to the
appropriate Ethics Commission by the person subject to the
decision or the Attorney General no later than the 10th
calendar day after the date of the determination.
On appeal, the Ethics Commission or Auditor General shall
seek, accept, and consider written public comments regarding a
determination. In deciding whether to uphold an Inspector
General's determination, the appropriate Ethics Commission or
Auditor General shall assess, in addition to any other relevant

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information, the effect of the prospective employment or
relationship upon the decisions referred to in subsections (a)
and (b), based on the totality of the participation by the
former officer, member, or State employee in those decisions.
The Ethics Commission shall decide whether to uphold an
Inspector General's determination within 10 calendar days or
the person is deemed eligible for the employment opportunity.
(h) The following officers, members, or State employees
shall not, within a period of one year immediately after
termination of office or State employment, knowingly accept
employment or receive compensation or fees for services from a
person or entity if the person or entity or its parent or
subsidiary, during the year immediately preceding termination
of State employment, was a party to a State contract or
contracts with a cumulative value of $25,000 or more involving
the officer, member, or State employee's State agency, or was
the subject of a regulatory or licensing decision involving the
officer, member, or State employee's State agency, regardless
of whether he or she participated personally and substantially
in the award of the State contract or contracts or the making
of the regulatory or licensing decision in question:
(1) members or officers;
(2) members of a commission or board created by the
Illinois Constitution;
(3) persons whose appointment to office is subject to
the advice and consent of the Senate;

09700SB0747sam001 - 46 - LRB097 04468 AEK 59057 a
(4) the head of a department, commission, board,
division, bureau, authority, or other administrative unit
within the government of this State;
(5) chief procurement officers, State purchasing
officers, and their designees whose duties are directly
related to State procurement; and
(6) chiefs of staff, deputy chiefs of staff, associate
chiefs of staff, assistant chiefs of staff, and deputy
governors; .
(7) employees of the Illinois Racing Board; and
(8) employees of the Illinois Gaming Board.
(Source: P.A. 96-555, eff. 8-18-09.)
(5 ILCS 430/20-10)
Sec. 20-10. Offices of Executive Inspectors General.
(a) Six Five independent Offices of the Executive Inspector
General are created, one each for the Governor, the Attorney
General, the Secretary of State, the Comptroller, and the
Treasurer and one for gaming activities. Each Office shall be
under the direction and supervision of an Executive Inspector
General and shall be a fully independent office with separate
appropriations.
(b) The Governor, Attorney General, Secretary of State,
Comptroller, and Treasurer shall each appoint an Executive
Inspector General, and the Governor shall appoint an Executive
Inspector General for gaming activities. Each appointment must

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be madewithout regard to political affiliation and solely on
the basis of integrity and demonstrated ability. Appointments
shall be made by and with the advice and consent of the Senate
by three-fifths of the elected members concurring by record
vote. Any nomination not acted upon by the Senate within 60
session days of the receipt thereof shall be deemed to have
received the advice and consent of the Senate. If, during a
recess of the Senate, there is a vacancy in an office of
Executive Inspector General, the appointing authority shall
make a temporary appointment until the next meeting of the
Senate when the appointing authority shall make a nomination to
fill that office. No person rejected for an office of Executive
Inspector General shall, except by the Senate's request, be
nominated again for that office at the same session of the
Senate or be appointed to that office during a recess of that
Senate.
Nothing in this Article precludes the appointment by the
Governor, Attorney General, Secretary of State, Comptroller,
or Treasurer of any other inspector general required or
permitted by law. The Governor, Attorney General, Secretary of
State, Comptroller, and Treasurer each may appoint an existing
inspector general as the Executive Inspector General required
by this Article, provided that such an inspector general is not
prohibited by law, rule, jurisdiction, qualification, or
interest from serving as the Executive Inspector General
required by this Article. An appointing authority may not

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appoint a relative as an Executive Inspector General.
Each Executive Inspector General shall have the following
qualifications:
(1) has not been convicted of any felony under the laws
of this State, another State, or the United States;
(2) has earned a baccalaureate degree from an
institution of higher education; and
(3) has 5 or more years of cumulative service (A) with
a federal, State, or local law enforcement agency, at least
2 years of which have been in a progressive investigatory
capacity; (B) as a federal, State, or local prosecutor; (C)
as a senior manager or executive of a federal, State, or
local agency; (D) as a member, an officer, or a State or
federal judge; or (E) representing any combination of (A)
through (D).
The term of each initial Executive Inspector General shall
commence upon qualification and shall run through June 30,
2008. The initial appointments shall be made within 60 days
after the effective date of this Act.
After the initial term, each Executive Inspector General
shall serve for 5-year terms commencing on July 1 of the year
of appointment and running through June 30 of the fifth
following year. An Executive Inspector General may be
reappointed to one or more subsequent terms.
A vacancy occurring other than at the end of a term shall
be filled by the appointing authority only for the balance of

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the term of the Executive Inspector General whose office is
vacant.
Terms shall run regardless of whether the position is
filled.
(c) The Executive Inspector General appointed by the
Attorney General shall have jurisdiction over the Attorney
General and all officers and employees of, and vendors and
others doing business with, State agencies within the
jurisdiction of the Attorney General. The Executive Inspector
General appointed by the Secretary of State shall have
jurisdiction over the Secretary of State and all officers and
employees of, and vendors and others doing business with, State
agencies within the jurisdiction of the Secretary of State. The
Executive Inspector General appointed by the Comptroller shall
have jurisdiction over the Comptroller and all officers and
employees of, and vendors and others doing business with, State
agencies within the jurisdiction of the Comptroller. The
Executive Inspector General appointed by the Treasurer shall
have jurisdiction over the Treasurer and all officers and
employees of, and vendors and others doing business with, State
agencies within the jurisdiction of the Treasurer. The
Executive Inspector General appointed by the Governor shall
have jurisdiction over (i) the Governor, (ii) the Lieutenant
Governor, (iii) all officers and employees of, and vendors and
others doing business with, executive branch State agencies
under the jurisdiction of the Executive Ethics Commission and

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not within the jurisdiction of the Attorney General, the
Secretary of State, the Comptroller, or the Treasurer, or the
Executive Inspector General for gaming activities, and (iv) all
board members and employees of the Regional Transit Boards and
all vendors and others doing business with the Regional Transit
Boards. The Executive Inspector General for gaming activities
appointed by the Governor has exclusive jurisdiction over the
Illinois Gaming Board, all officers and employees of the
Illinois Gaming Board, and all activities of the Illinois
Gaming Board.
The jurisdiction of each Executive Inspector General is to
investigate allegations of fraud, waste, abuse, mismanagement,
misconduct, nonfeasance, misfeasance, malfeasance, or
violations of this Act or violations of other related laws and
rules.
(d) The compensation for each Executive Inspector General
shall be determined by the Executive Ethics Commission and
shall be made from appropriations made to the Comptroller for
this purpose. Subject to Section 20-45 of this Act, each
Executive Inspector General has full authority to organize his
or her Office of the Executive Inspector General, including the
employment and determination of the compensation of staff, such
as deputies, assistants, and other employees, as
appropriations permit. A separate appropriation shall be made
for each Office of Executive Inspector General.
(e) No Executive Inspector General or employee of the

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Office of the Executive Inspector General may, during his or
her term of appointment or employment:
(1) become a candidate for any elective office;
(2) hold any other elected or appointed public office
except for appointments on governmental advisory boards or
study commissions or as otherwise expressly authorized by
law;
(3) be actively involved in the affairs of any
political party or political organization; or
(4) advocate for the appointment of another person to
an appointed or elected office or position or actively
participate in any campaign for any elective office.
In this subsection an appointed public office means a
position authorized by law that is filled by an appointing
authority as provided by law and does not include employment by
hiring in the ordinary course of business.
(e-1) No Executive Inspector General or employee of the
Office of the Executive Inspector General may, for one year
after the termination of his or her appointment or employment:
(1) become a candidate for any elective office;
(2) hold any elected public office; or
(3) hold any appointed State, county, or local judicial
office.
(e-2) The requirements of item (3) of subsection (e-1) may
be waived by the Executive Ethics Commission.
(f) An Executive Inspector General may be removed only for

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cause and may be removed only by the appointing constitutional
officer. At the time of the removal, the appointing
constitutional officer must report to the Executive Ethics
Commission the justification for the removal.
(Source: P.A. 96-555, eff. 8-18-09; 96-1528, eff. 7-1-11.)
Section 90-5. The Alcoholism and Other Drug Abuse and
Dependency Act is amended by changing Section 5-20 as follows:
(20 ILCS 301/5-20)
Sec. 5-20. Compulsive gambling program.
(a) Subject to appropriation, the Department shall
establish a program for public education, research, and
training regarding problem and compulsive gambling and the
treatment and prevention of problem and compulsive gambling.
Subject to specific appropriation for these stated purposes,
the program must include all of the following:
(1) Establishment and maintenance of a toll-free "800"
telephone number to provide crisis counseling and referral
services to families experiencing difficulty as a result of
problem or compulsive gambling.
(2) Promotion of public awareness regarding the
recognition and prevention of problem and compulsive
gambling.
(3) Facilitation, through in-service training and
other means, of the availability of effective assistance

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programs for problem and compulsive gamblers.
(4) Conducting studies to identify adults and
juveniles in this State who are, or who are at risk of
becoming, problem or compulsive gamblers.
(b) Subject to appropriation, the Department shall either
establish and maintain the program or contract with a private
or public entity for the establishment and maintenance of the
program. Subject to appropriation, either the Department or the
private or public entity shall implement the toll-free
telephone number, promote public awareness, and conduct
in-service training concerning problem and compulsive
gambling.
(c) Subject to appropriation, the Department shall produce
and supply the signs specified in Section 10.7 of the Illinois
Lottery Law, Section 34.1 of the Illinois Horse Racing Act of
1975, Section 4.3 of the Bingo License and Tax Act, Section 8.1
of the Charitable Games Act, and Section 13.1 of the Illinois
Riverboat Gambling Act.
(Source: P.A. 89-374, eff. 1-1-96; 89-626, eff. 8-9-96.)
Section 90-7. The Department of Commerce and Economic
Opportunity Law of the Civil Administrative Code of Illinois is
amended by adding Section 605-530 as follows:
(20 ILCS 605/605-530 new)
Sec. 605-530. The Depressed Communities Economic

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Development Board.
(a) The Depressed Communities Economic Development Board
is created as an advisory board within the Department of
Commerce and Economic Opportunity. The Board shall consist of 8
members appointed by the Governor, 4 of whom are appointed to
serve an initial term of one year and 4 of whom are appointed
to serve an initial term of 2 years with one being designated
as chair of the Board at the time of appointment. The members
of the Board shall reflect the composition of the Illinois
population with regard to ethnic and racial composition.
After the initial terms, each member shall be appointed to
serve a term of 2 years and until his or her successor has been
appointed and assumes office. If a vacancy occurs in the Board
membership, then the vacancy shall be filled in the same manner
as the initial appointment. No member of the Board shall, at
the time of his or her appointment or within 2 years before the
appointment, hold elected office or be appointed to a State
board, commission, or agency. All Board members are subject to
the State Officials and Employees Ethics Act.
(b) Board members shall serve without compensation, but may
be reimbursed for their reasonable travel expenses from funds
available for that purpose. The Department of Commerce and
Economic Opportunity shall provide staff and administrative
support services to the Board.
(c) The Board must make recommendations, which must be
approved by a majority of the Board, to the Department of

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Commerce and Economic Opportunity concerning the award of
grants from amounts appropriated to the Department from the
Depressed Communities Economic Development Fund, a special
fund created in the State treasury. The Department must make
grants to public or private entities submitting proposals to
the Board to revitalize an Illinois depressed community. Grants
may be used by these entities only for those purposes
conditioned with the grant. For the purposes of this subsection
(c), plans for revitalizing an Illinois depressed community
include plans intended to curb high levels of poverty,
unemployment, job and population loss, and general distress. An
Illinois depressed community is an area where the poverty rate,
as determined by using the most recent data released by the
United States Census Bureau, is at least 3% greater than the
State poverty rate as determined by using the most recent data
released by the United States Census Bureau.
Section 90-8. The Illinois Lottery Law is amended by
changing Section 9.1 as follows:
(20 ILCS 1605/9.1)
Sec. 9.1. Private manager and management agreement.
(a) As used in this Section:
"Offeror" means a person or group of persons that responds
to a request for qualifications under this Section.
"Request for qualifications" means all materials and

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documents prepared by the Department to solicit the following
from offerors:
(1) Statements of qualifications.
(2) Proposals to enter into a management agreement,
including the identity of any prospective vendor or vendors
that the offeror intends to initially engage to assist the
offeror in performing its obligations under the management
agreement.
"Final offer" means the last proposal submitted by an
offeror in response to the request for qualifications,
including the identity of any prospective vendor or vendors
that the offeror intends to initially engage to assist the
offeror in performing its obligations under the management
agreement.
"Final offeror" means the offeror ultimately selected by
the Governor to be the private manager for the Lottery under
subsection (h) of this Section.
(b) By September 15, 2010, the Governor shall select a
private manager for the total management of the Lottery with
integrated functions, such as lottery game design, supply of
goods and services, and advertising and as specified in this
Section.
(c) Pursuant to the terms of this subsection, the
Department shall endeavor to expeditiously terminate the
existing contracts in support of the Lottery in effect on the
effective date of this amendatory Act of the 96th General

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Assembly in connection with the selection of the private
manager. As part of its obligation to terminate these contracts
and select the private manager, the Department shall establish
a mutually agreeable timetable to transfer the functions of
existing contractors to the private manager so that existing
Lottery operations are not materially diminished or impaired
during the transition. To that end, the Department shall do the
following:
(1) where such contracts contain a provision
authorizing termination upon notice, the Department shall
provide notice of termination to occur upon the mutually
agreed timetable for transfer of functions;
(2) upon the expiration of any initial term or renewal
term of the current Lottery contracts, the Department shall
not renew such contract for a term extending beyond the
mutually agreed timetable for transfer of functions; or
(3) in the event any current contract provides for
termination of that contract upon the implementation of a
contract with the private manager, the Department shall
perform all necessary actions to terminate the contract on
the date that coincides with the mutually agreed timetable
for transfer of functions.
If the contracts to support the current operation of the
Lottery in effect on the effective date of this amendatory Act
of the 96th General Assembly are not subject to termination as
provided for in this subsection (c), then the Department may

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include a provision in the contract with the private manager
specifying a mutually agreeable methodology for incorporation.
(c-5) The Department shall include provisions in the
management agreement whereby the private manager shall, for a
fee, and pursuant to a contract negotiated with the Department
(the "Employee Use Contract"), utilize the services of current
Department employees to assist in the administration and
operation of the Lottery. The Department shall be the employer
of all such bargaining unit employees assigned to perform such
work for the private manager, and such employees shall be State
employees, as defined by the Personnel Code. Department
employees shall operate under the same employment policies,
rules, regulations, and procedures, as other employees of the
Department. In addition, neither historical representation
rights under the Illinois Public Labor Relations Act, nor
existing collective bargaining agreements, shall be disturbed
by the management agreement with the private manager for the
management of the Lottery.
(d) The management agreement with the private manager shall
include all of the following:
(1) A term not to exceed 10 years, including any
renewals.
(2) A provision specifying that the Department:
(A) shall exercise actual control over all
significant business decisions;
(A-5) has the authority to direct or countermand

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operating decisions by the private manager at any time;
(B) has ready access at any time to information
regarding Lottery operations;
(C) has the right to demand and receive information
from the private manager concerning any aspect of the
Lottery operations at any time; and
(D) retains ownership of all trade names,
trademarks, and intellectual property associated with
the Lottery.
(3) A provision imposing an affirmative duty on the
private manager to provide the Department with material
information and with any information the private manager
reasonably believes the Department would want to know to
enable the Department to conduct the Lottery.
(4) A provision requiring the private manager to
provide the Department with advance notice of any operating
decision that bears significantly on the public interest,
including, but not limited to, decisions on the kinds of
games to be offered to the public and decisions affecting
the relative risk and reward of the games being offered, so
the Department has a reasonable opportunity to evaluate and
countermand that decision.
(5) A provision providing for compensation of the
private manager that may consist of, among other things, a
fee for services and a performance based bonus as
consideration for managing the Lottery, including terms

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that may provide the private manager with an increase in
compensation if Lottery revenues grow by a specified
percentage in a given year.
(6) (Blank).
(7) A provision requiring the deposit of all Lottery
proceeds to be deposited into the State Lottery Fund except
as otherwise provided in Section 20 of this Act.
(8) A provision requiring the private manager to locate
its principal office within the State.
(8-5) A provision encouraging that at least 20% of the
cost of contracts entered into for goods and services by
the private manager in connection with its management of
the Lottery, other than contracts with sales agents or
technical advisors, be awarded to businesses that are a
minority owned business, a female owned business, or a
business owned by a person with disability, as those terms
are defined in the Business Enterprise for Minorities,
Females, and Persons with Disabilities Act.
(9) A requirement that so long as the private manager
complies with all the conditions of the agreement under the
oversight of the Department, the private manager shall have
the following duties and obligations with respect to the
management of the Lottery:
(A) The right to use equipment and other assets
used in the operation of the Lottery.
(B) The rights and obligations under contracts

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with retailers and vendors.
(C) The implementation of a comprehensive security
program by the private manager.
(D) The implementation of a comprehensive system
of internal audits.
(E) The implementation of a program by the private
manager to curb compulsive gambling by persons playing
the Lottery.
(F) A system for determining (i) the type of
Lottery games, (ii) the method of selecting winning
tickets, (iii) the manner of payment of prizes to
holders of winning tickets, (iv) the frequency of
drawings of winning tickets, (v) the method to be used
in selling tickets, (vi) a system for verifying the
validity of tickets claimed to be winning tickets,
(vii) the basis upon which retailer commissions are
established by the manager, and (viii) minimum
payouts.
(10) A requirement that advertising and promotion must
be consistent with Section 7.8a of this Act.
(11) A requirement that the private manager market the
Lottery to those residents who are new, infrequent, or
lapsed players of the Lottery, especially those who are
most likely to make regular purchases on the Internet as
permitted by law.
(12) A code of ethics for the private manager's

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officers and employees.
(13) A requirement that the Department monitor and
oversee the private manager's practices and take action
that the Department considers appropriate to ensure that
the private manager is in compliance with the terms of the
management agreement, while allowing the manager, unless
specifically prohibited by law or the management
agreement, to negotiate and sign its own contracts with
vendors.
(14) A provision requiring the private manager to
periodically file, at least on an annual basis, appropriate
financial statements in a form and manner acceptable to the
Department.
(15) Cash reserves requirements.
(16) Procedural requirements for obtaining the prior
approval of the Department when a management agreement or
an interest in a management agreement is sold, assigned,
transferred, or pledged as collateral to secure financing.
(17) Grounds for the termination of the management
agreement by the Department or the private manager.
(18) Procedures for amendment of the agreement.
(19) A provision requiring the private manager to
engage in an open and competitive bidding process for any
procurement having a cost in excess of $50,000 that is not
a part of the private manager's final offer. The process
shall favor the selection of a vendor deemed to have

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submitted a proposal that provides the Lottery with the
best overall value. The process shall not be subject to the
provisions of the Illinois Procurement Code, unless
specifically required by the management agreement.
(20) The transition of rights and obligations,
including any associated equipment or other assets used in
the operation of the Lottery, from the manager to any
successor manager of the lottery, including the
Department, following the termination of or foreclosure
upon the management agreement.
(21) Right of use of copyrights, trademarks, and
service marks held by the Department in the name of the
State. The agreement must provide that any use of them by
the manager shall only be for the purpose of fulfilling its
obligations under the management agreement during the term
of the agreement.
(22) The disclosure of any information requested by the
Department to enable it to comply with the reporting
requirements and information requests provided for under
subsection (p) of this Section.
(e) Notwithstanding any other law to the contrary, the
Department shall select a private manager through a competitive
request for qualifications process consistent with Section
20-35 of the Illinois Procurement Code, which shall take into
account:
(1) the offeror's ability to market the Lottery to

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those residents who are new, infrequent, or lapsed players
of the Lottery, especially those who are most likely to
make regular purchases on the Internet;
(2) the offeror's ability to address the State's
concern with the social effects of gambling on those who
can least afford to do so;
(3) the offeror's ability to provide the most
successful management of the Lottery for the benefit of the
people of the State based on current and past business
practices or plans of the offeror; and
(4) the offeror's poor or inadequate past performance
in servicing, equipping, operating or managing a lottery on
behalf of Illinois, another State or foreign government and
attracting persons who are not currently regular players of
a lottery.
(f) The Department may retain the services of an advisor or
advisors with significant experience in financial services or
the management, operation, and procurement of goods, services,
and equipment for a government-run lottery to assist in the
preparation of the terms of the request for qualifications and
selection of the private manager. Any prospective advisor
seeking to provide services under this subsection (f) shall
disclose any material business or financial relationship
during the past 3 years with any potential offeror, or with a
contractor or subcontractor presently providing goods,
services, or equipment to the Department to support the

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Lottery. The Department shall evaluate the material business or
financial relationship of each prospective advisor. The
Department shall not select any prospective advisor with a
substantial business or financial relationship that the
Department deems to impair the objectivity of the services to
be provided by the prospective advisor. During the course of
the advisor's engagement by the Department, and for a period of
one year thereafter, the advisor shall not enter into any
business or financial relationship with any offeror or any
vendor identified to assist an offeror in performing its
obligations under the management agreement. Any advisor
retained by the Department shall be disqualified from being an
offeror. The Department shall not include terms in the request
for qualifications that provide a material advantage whether
directly or indirectly to any potential offeror, or any
contractor or subcontractor presently providing goods,
services, or equipment to the Department to support the
Lottery, including terms contained in previous responses to
requests for proposals or qualifications submitted to
Illinois, another State or foreign government when those terms
are uniquely associated with a particular potential offeror,
contractor, or subcontractor. The request for proposals
offered by the Department on December 22, 2008 as
"LOT08GAMESYS" and reference number "22016176" is declared
void.
(g) The Department shall select at least 2 offerors as

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finalists to potentially serve as the private manager no later
than August 9, 2010. Upon making preliminary selections, the
Department shall schedule a public hearing on the finalists'
proposals and provide public notice of the hearing at least 7
calendar days before the hearing. The notice must include all
of the following:
(1) The date, time, and place of the hearing.
(2) The subject matter of the hearing.
(3) A brief description of the management agreement to
be awarded.
(4) The identity of the offerors that have been
selected as finalists to serve as the private manager.
(5) The address and telephone number of the Department.
(h) At the public hearing, the Department shall (i) provide
sufficient time for each finalist to present and explain its
proposal to the Department and the Governor or the Governor's
designee, including an opportunity to respond to questions
posed by the Department, Governor, or designee and (ii) allow
the public and non-selected offerors to comment on the
presentations. The Governor or a designee shall attend the
public hearing. After the public hearing, the Department shall
have 14 calendar days to recommend to the Governor whether a
management agreement should be entered into with a particular
finalist. After reviewing the Department's recommendation, the
Governor may accept or reject the Department's recommendation,
and shall select a final offeror as the private manager by

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publication of a notice in the Illinois Procurement Bulletin on
or before September 15, 2010. The Governor shall include in the
notice a detailed explanation and the reasons why the final
offeror is superior to other offerors and will provide
management services in a manner that best achieves the
objectives of this Section. The Governor shall also sign the
management agreement with the private manager.
(i) Any action to contest the private manager selected by
the Governor under this Section must be brought within 7
calendar days after the publication of the notice of the
designation of the private manager as provided in subsection
(h) of this Section.
(j) The Lottery shall remain, for so long as a private
manager manages the Lottery in accordance with provisions of
this Act, a Lottery conducted by the State, and the State shall
not be authorized to sell or transfer the Lottery to a third
party.
(k) Any tangible personal property used exclusively in
connection with the lottery that is owned by the Department and
leased to the private manager shall be owned by the Department
in the name of the State and shall be considered to be public
property devoted to an essential public and governmental
function.
(l) The Department may exercise any of its powers under
this Section or any other law as necessary or desirable for the
execution of the Department's powers under this Section.

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(m) Neither this Section nor any management agreement
entered into under this Section prohibits the General Assembly
from authorizing forms of gambling that are not in direct
competition with the Lottery. The forms of gambling authorized
by this amendatory Act of the 97th General Assembly constitute
authorized forms of gambling that are not in direct competition
with the Lottery.
(n) The private manager shall be subject to a complete
investigation in the third, seventh, and tenth years of the
agreement (if the agreement is for a 10-year term) by the
Department in cooperation with the Auditor General to determine
whether the private manager has complied with this Section and
the management agreement. The private manager shall bear the
cost of an investigation or reinvestigation of the private
manager under this subsection.
(o) The powers conferred by this Section are in addition
and supplemental to the powers conferred by any other law. If
any other law or rule is inconsistent with this Section,
including, but not limited to, provisions of the Illinois
Procurement Code, then this Section controls as to any
management agreement entered into under this Section. This
Section and any rules adopted under this Section contain full
and complete authority for a management agreement between the
Department and a private manager. No law, procedure,
proceeding, publication, notice, consent, approval, order, or
act by the Department or any other officer, Department, agency,

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or instrumentality of the State or any political subdivision is
required for the Department to enter into a management
agreement under this Section. This Section contains full and
complete authority for the Department to approve any contracts
entered into by a private manager with a vendor providing
goods, services, or both goods and services to the private
manager under the terms of the management agreement, including
subcontractors of such vendors.
Upon receipt of a written request from the Chief
Procurement Officer, the Department shall provide to the Chief
Procurement Officer a complete and un-redacted copy of the
management agreement or any contract that is subject to the
Department's approval authority under this subsection (o). The
Department shall provide a copy of the agreement or contract to
the Chief Procurement Officer in the time specified by the
Chief Procurement Officer in his or her written request, but no
later than 5 business days after the request is received by the
Department. The Chief Procurement Officer must retain any
portions of the management agreement or of any contract
designated by the Department as confidential, proprietary, or
trade secret information in complete confidence pursuant to
subsection (g) of Section 7 of the Freedom of Information Act.
The Department shall also provide the Chief Procurement Officer
with reasonable advance written notice of any contract that is
pending Department approval.
Notwithstanding any other provision of this Section to the

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contrary, the Chief Procurement Officer shall adopt
administrative rules, including emergency rules, to establish
a procurement process to select a successor private manager if
a private management agreement has been terminated. The
selection process shall at a minimum take into account the
criteria set forth in items (1) through (4) of subsection (e)
of this Section and may include provisions consistent with
subsections (f), (g), (h), and (i) of this Section. The Chief
Procurement Officer shall also implement and administer the
adopted selection process upon the termination of a private
management agreement. The Department, after the Chief
Procurement Officer certifies that the procurement process has
been followed in accordance with the rules adopted under this
subsection (o), shall select a final offeror as the private
manager and sign the management agreement with the private
manager.
Except as provided in Sections 21.2, 21.5, 21.6, 21.7, and
21.8, the Department shall distribute all proceeds of lottery
tickets and shares sold in the following priority and manner:
(1) The payment of prizes and retailer bonuses.
(2) The payment of costs incurred in the operation and
administration of the Lottery, including the payment of
sums due to the private manager under the management
agreement with the Department.
(3) On the last day of each month or as soon thereafter
as possible, the State Comptroller shall direct and the

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State Treasurer shall transfer from the Lottery Fund to the
Common School Fund an amount that is equal to the proceeds
transferred in the corresponding month of fiscal year 2009,
as adjusted for inflation, to the Common School Fund.
(4) On or before the last day of each fiscal year,
deposit any remaining proceeds, subject to payments under
items (1), (2), and (3) into the Capital Projects Fund each
fiscal year.
(p) The Department shall be subject to the following
reporting and information request requirements:
(1) the Department shall submit written quarterly
reports to the Governor and the General Assembly on the
activities and actions of the private manager selected
under this Section;
(2) upon request of the Chief Procurement Officer, the
Department shall promptly produce information related to
the procurement activities of the Department and the
private manager requested by the Chief Procurement
Officer; the Chief Procurement Officer must retain
confidential, proprietary, or trade secret information
designated by the Department in complete confidence
pursuant to subsection (g) of Section 7 of the Freedom of
Information Act; and
(3) at least 30 days prior to the beginning of the
Department's fiscal year, the Department shall prepare an
annual written report on the activities of the private

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manager selected under this Section and deliver that report
to the Governor and General Assembly.
(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-840,
eff. 12-23-09; 97-464, eff. 8-19-11.)
Section 90-10. The Department of Revenue Law of the Civil
Administrative Code of Illinois is amended by changing Section
2505-305 as follows:
(20 ILCS 2505/2505-305) (was 20 ILCS 2505/39b15.1)
Sec. 2505-305. Investigators.
(a) The Department has the power to appoint investigators
to conduct all investigations, searches, seizures, arrests,
and other duties imposed under the provisions of any law
administered by the Department. Except as provided in
subsection (c), these investigators have and may exercise all
the powers of peace officers solely for the purpose of
enforcing taxing measures administered by the Department.
(b) The Director must authorize to each investigator
employed under this Section and to any other employee of the
Department exercising the powers of a peace officer a distinct
badge that, on its face, (i) clearly states that the badge is
authorized by the Department and (ii) contains a unique
identifying number. No other badge shall be authorized by the
Department.
(c) The Department may enter into agreements with the

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Illinois Gaming Board providing that investigators appointed
under this Section shall exercise the peace officer powers set
forth in paragraph (20.6) of subsection (c) of Section 5 of the
Illinois Riverboat Gambling Act.
(Source: P.A. 96-37, eff. 7-13-09.)
Section 90-12. The Illinois State Auditing Act is amended
by changing Section 3-1 as follows:
(30 ILCS 5/3-1) (from Ch. 15, par. 303-1)
Sec. 3-1. Jurisdiction of Auditor General. The Auditor
General has jurisdiction over all State agencies to make post
audits and investigations authorized by or under this Act or
the Constitution.
The Auditor General has jurisdiction over local government
agencies and private agencies only:
(a) to make such post audits authorized by or under
this Act as are necessary and incidental to a post audit of
a State agency or of a program administered by a State
agency involving public funds of the State, but this
jurisdiction does not include any authority to review local
governmental agencies in the obligation, receipt,
expenditure or use of public funds of the State that are
granted without limitation or condition imposed by law,
other than the general limitation that such funds be used
for public purposes;

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(b) to make investigations authorized by or under this
Act or the Constitution; and
(c) to make audits of the records of local government
agencies to verify actual costs of state-mandated programs
when directed to do so by the Legislative Audit Commission
at the request of the State Board of Appeals under the
State Mandates Act.
In addition to the foregoing, the Auditor General may
conduct an audit of the Metropolitan Pier and Exposition
Authority, the Regional Transportation Authority, the Suburban
Bus Division, the Commuter Rail Division and the Chicago
Transit Authority and any other subsidized carrier when
authorized by the Legislative Audit Commission. Such audit may
be a financial, management or program audit, or any combination
thereof.
The audit shall determine whether they are operating in
accordance with all applicable laws and regulations. Subject to
the limitations of this Act, the Legislative Audit Commission
may by resolution specify additional determinations to be
included in the scope of the audit.
In addition to the foregoing, the Auditor General must also
conduct a financial audit of the Illinois Sports Facilities
Authority's expenditures of public funds in connection with the
reconstruction, renovation, remodeling, extension, or
improvement of all or substantially all of any existing
"facility", as that term is defined in the Illinois Sports

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Facilities Authority Act.
The Auditor General may also conduct an audit, when
authorized by the Legislative Audit Commission, of any hospital
which receives 10% or more of its gross revenues from payments
from the State of Illinois, Department of Healthcare and Family
Services (formerly Department of Public Aid), Medical
Assistance Program.
The Auditor General is authorized to conduct financial and
compliance audits of the Illinois Distance Learning Foundation
and the Illinois Conservation Foundation.
As soon as practical after the effective date of this
amendatory Act of 1995, the Auditor General shall conduct a
compliance and management audit of the City of Chicago and any
other entity with regard to the operation of Chicago O'Hare
International Airport, Chicago Midway Airport and Merrill C.
Meigs Field. The audit shall include, but not be limited to, an
examination of revenues, expenses, and transfers of funds;
purchasing and contracting policies and practices; staffing
levels; and hiring practices and procedures. When completed,
the audit required by this paragraph shall be distributed in
accordance with Section 3-14.
The Auditor General shall conduct a financial and
compliance and program audit of distributions from the
Municipal Economic Development Fund during the immediately
preceding calendar year pursuant to Section 8-403.1 of the
Public Utilities Act at no cost to the city, village, or

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incorporated town that received the distributions.
The Auditor General must conduct an audit of the Health
Facilities and Services Review Board pursuant to Section 19.5
of the Illinois Health Facilities Planning Act.
The Auditor General must conduct an audit of the Chicago
Casino Development Authority pursuant to Section 1-60 of the
Chicago Casino Development Authority Act.
The Auditor General of the State of Illinois shall annually
conduct or cause to be conducted a financial and compliance
audit of the books and records of any county water commission
organized pursuant to the Water Commission Act of 1985 and
shall file a copy of the report of that audit with the Governor
and the Legislative Audit Commission. The filed audit shall be
open to the public for inspection. The cost of the audit shall
be charged to the county water commission in accordance with
Section 6z-27 of the State Finance Act. The county water
commission shall make available to the Auditor General its
books and records and any other documentation, whether in the
possession of its trustees or other parties, necessary to
conduct the audit required. These audit requirements apply only
through July 1, 2007.
The Auditor General must conduct audits of the Rend Lake
Conservancy District as provided in Section 25.5 of the River
Conservancy Districts Act.
The Auditor General must conduct financial audits of the
Southeastern Illinois Economic Development Authority as

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provided in Section 70 of the Southeastern Illinois Economic
Development Authority Act.
The Auditor General shall conduct a compliance audit in
accordance with subsections (d) and (f) of Section 30 of the
Innovation Development and Economy Act.
(Source: P.A. 95-331, eff. 8-21-07; 96-31, eff. 6-30-09;
96-939, eff. 6-24-10.)
Section 90-15. The State Finance Act is amended by adding
Sections 5.809, 5.810, 5.811, 5.812, 5.813, 6z-93, and 6z-94
and by changing Sections 6z-32, 6z-77, and 6z-95 as follows:
(30 ILCS 105/5.809 new)
Sec. 5.809. The State and County Fair Assistance Fund.
(30 ILCS 105/5.810 new)
Sec. 5.810. The Depressed Communities Economic Development
Fund.
(30 ILCS 105/5.811 new)
Sec. 5.811. The Gaming Facilities Fee Revenue Fund.
(30 ILCS 105/5.812 new)
Sec. 5.812. The Future of Agriculture Fund.
(30 ILCS 105/5.813 new)

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Sec. 5.813. The Horse Racing Impact Fee Fund.
(30 ILCS 105/6z-32)
Sec. 6z-32. Partners for Planning and Conservation.
(a) The Partners for Conservation Fund (formerly known as
the Conservation 2000 Fund) and the Partners for Conservation
Projects Fund (formerly known as the Conservation 2000 Projects
Fund) are created as special funds in the State Treasury. These
funds shall be used to establish a comprehensive program to
protect Illinois' natural resources through cooperative
partnerships between State government and public and private
landowners. Moneys in these Funds may be used, subject to
appropriation, by the Department of Natural Resources,
Environmental Protection Agency, and the Department of
Agriculture for purposes relating to natural resource
protection, planning, recreation, tourism, and compatible
agricultural and economic development activities. Without
limiting these general purposes, moneys in these Funds may be
used, subject to appropriation, for the following specific
purposes:
(1) To foster sustainable agriculture practices and
control soil erosion and sedimentation, including grants
to Soil and Water Conservation Districts for conservation
practice cost-share grants and for personnel, educational,
and administrative expenses.
(2) To establish and protect a system of ecosystems in

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public and private ownership through conservation
easements, incentives to public and private landowners,
natural resource restoration and preservation, water
quality protection and improvement, land use and watershed
planning, technical assistance and grants, and land
acquisition provided these mechanisms are all voluntary on
the part of the landowner and do not involve the use of
eminent domain.
(3) To develop a systematic and long-term program to
effectively measure and monitor natural resources and
ecological conditions through investments in technology
and involvement of scientific experts.
(4) To initiate strategies to enhance, use, and
maintain Illinois' inland lakes through education,
technical assistance, research, and financial incentives.
(5) To partner with private landowners and with units
of State, federal, and local government and with
not-for-profit organizations in order to integrate State
and federal programs with Illinois' natural resource
protection and restoration efforts and to meet
requirements to obtain federal and other funds for
conservation or protection of natural resources.
(b) The State Comptroller and State Treasurer shall
automatically transfer on the last day of each month, beginning
on September 30, 1995 and ending on June 30, 2021, from the
General Revenue Fund to the Partners for Conservation Fund, an

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amount equal to 1/10 of the amount set forth below in fiscal
year 1996 and an amount equal to 1/12 of the amount set forth
below in each of the other specified fiscal years:
Fiscal Year Amount
1996 $ 3,500,000
1997 $ 9,000,000
1998 $10,000,000
1999 $11,000,000
2000 $12,500,000
2001 through 2004 $14,000,000
2005 $7,000,000
2006 $11,000,000
2007 $0
2008 through 2021........................ $14,000,000
(c) Notwithstanding any other provision of law to the
contrary and in addition to any other transfers that may be
provided for by law, on the last day of each month beginning on
July 31, 2006 and ending on June 30, 2007, or as soon
thereafter as may be practical, the State Comptroller shall
direct and the State Treasurer shall transfer $1,000,000 from
the Open Space Lands Acquisition and Development Fund to the
Conservation 2000 Fund.
(d) There shall be deposited into the Partners for
Conservation Projects Fund such bond proceeds and other moneys
as may, from time to time, be provided by law.
(e) Revenues deposited into the Fund pursuant to subsection

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(b-12) of Section 13 of the Illinois Gambling Act shall be used
solely for grants to soil and water conservation districts.
Such revenues shall supplement, and not supplant, other State
funding for soil and water conservation districts.
(Source: P.A. 94-91, eff. 7-1-05; 94-839, eff. 6-6-06; 95-139,
eff. 1-1-08.)
(30 ILCS 105/6z-77)
Sec. 6z-77. The Capital Projects Fund.
(a) The Capital Projects Fund is created as a special fund
in the State Treasury. The State Comptroller and State
Treasurer shall transfer from the Capital Projects Fund to the
General Revenue Fund $61,294,550 on October 1, 2009,
$122,589,100 on January 1, 2010, and $61,294,550 on April 1,
2010. Beginning on July 1, 2010, and on July 1 and January 1 of
each year thereafter, the State Comptroller and State Treasurer
shall transfer the sum of $122,589,100 from the Capital
Projects Fund to the General Revenue Fund.
(b) Subject to appropriation, the Capital Projects Fund may
be used only for capital projects and the payment of debt
service on bonds issued for capital projects. All interest
earned on moneys in the Fund shall be deposited into the Fund.
The Fund shall not be subject to administrative charges or
chargebacks, such as but not limited to those authorized under
Section 8h.
(c) Annually, the Governor's Office of Management and

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Budget shall determine if revenues deposited into the Fund in
the fiscal year are expected to exceed the amount needed in the
fiscal year for capital projects and the payment of debt
service on bonds issued for capital projects. If any such
excess amount exists, then on April 1 or as soon thereafter as
practical, the Governor's Office of Management and Budget shall
certify such amount, accompanied by a description of the
process by which the amount was calculated, to the State
Comptroller and the State Treasurer. Within 15 days after the
receipt of the certification required by this subsection (c),
the State Comptroller and the State Treasurer shall transfer
that amount from the Capital Projects Fund to the Education
Assistance Fund, except that the amount transferred to the
Education Assistance Fund pursuant to this subsection (c) shall
not exceed the estimated amount of revenues that will be
deposited into the Fund pursuant to Sections 12 and 13 of the
Illinois Gambling Act in the fiscal year.
(Source: P.A. 96-34, eff. 7-13-09.)
(30 ILCS 105/6z-93 new)
Sec. 6z-93. The Gaming Facilities Fee Revenue Fund.
(a) The Gaming Facilities Fee Revenue Fund is created as a
special fund in the State treasury.
(b) The revenues in the Fund shall be used, subject to
appropriation, by the Comptroller for the purpose of (i)
providing appropriations to the Illinois Gaming Board for the

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administration and enforcement of the Illinois Gambling Act and
(ii) payment of vouchers that are outstanding for more than 60
days. Whenever practical, the Comptroller must prioritize
voucher payments for expenses related to medical assistance
under the Illinois Public Aid Code, the Children's Health
Insurance Program Act, the Covering ALL KIDS Health Insurance
Act, and the Senior Citizens and Disabled Persons Property Tax
Relief and Pharmaceutical Assistance Act.
(c) The Fund shall consist of fee revenues received
pursuant to subsection (e) of Section 1-45 of the Chicago
Casino Development Authority Act and pursuant to subsections
(e-10), (e-15), (e-25), and (h-5) of Section 7 and subsections
(c) and (i) of Section 7.6 of the Illinois Gambling Act. All
interest earned on moneys in the Fund shall be deposited into
the Fund.
(d) The Fund shall not be subject to administrative charges
or chargebacks, including, but not limited to, those authorized
under subsection (h) of Section 8 of this Act.
(30 ILCS 105/6z-94 new)
Sec. 6z-94. The Future of Agriculture Fund. There is
created the Future of Agriculture Fund, a special fund in the
State treasury. Moneys in the Fund may be used by the
Department of Agriculture, subject to appropriation, solely
for grants to (1) county fairs, as defined by Section 2 of the
Agricultural Fair Act, (2) the Illinois Association FFA, and

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(3) University of Illinois Extension 4-H programs. The Future
of Agriculture Fund is not subject to administrative
chargebacks, including, but not limited to, those authorized
under Section 8h of the State Finance Act.
(30 ILCS 105/6z-95 new)
Sec. 6z-95. The Horse Racing Impact Fee Fund. There is
created the Horse Racing Impact Fee Fund, a special fund in the
State treasury. Moneys in the Fund shall be distributed by the
Illinois Racing Board to all organization licensees, as defined
in the Illinois Horse Racing Act of 1975, on a pro rata basis
based on the number of live races that are conducted at an
organization licensee's racetrack in the prior calendar year.
The Horse Racing Impact Fee Fund is not subject to
administrative chargebacks, including, but not limited to,
those authorized under Section 8h of the State Finance Act.
Section 90-23. The Property Tax Code is amended by adding
Section 15-144 as follows:
(35 ILCS 200/15-144 new)
Sec. 15-144. Chicago Casino Development Authority. All
property owned by the Chicago Casino Development Authority is
exempt. Any property owned by the Chicago Casino Development
Authority and leased to an entity that is not exempt shall lose
its exempt status, including all property that is leased to a

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casino operator licensee pursuant to the Chicago Casino
Development Authority Act.
Section 90-25. The Joliet Regional Port District Act is
amended by changing Section 5.1 as follows:
(70 ILCS 1825/5.1) (from Ch. 19, par. 255.1)
Sec. 5.1. Riverboat and casino gambling. Notwithstanding
any other provision of this Act, the District may not regulate
the operation, conduct, or navigation of any riverboat gambling
casino licensed under the Illinois Riverboat Gambling Act, and
the District may not license, tax, or otherwise levy any
assessment of any kind on any riverboat gambling casino
licensed under the Illinois Riverboat Gambling Act. The General
Assembly declares that the powers to regulate the operation,
conduct, and navigation of riverboat gambling casinos and to
license, tax, and levy assessments upon riverboat gambling
casinos are exclusive powers of the State of Illinois and the
Illinois Gaming Board as provided in the Illinois Riverboat
Gambling Act.
(Source: P.A. 87-1175.)
Section 90-30. The Consumer Installment Loan Act is amended
by changing Section 12.5 as follows:
(205 ILCS 670/12.5)

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Sec. 12.5. Limited purpose branch.
(a) Upon the written approval of the Director, a licensee
may maintain a limited purpose branch for the sole purpose of
making loans as permitted by this Act. A limited purpose branch
may include an automatic loan machine. No other activity shall
be conducted at the site, including but not limited to,
accepting payments, servicing the accounts, or collections.
(b) The licensee must submit an application for a limited
purpose branch to the Director on forms prescribed by the
Director with an application fee of $300. The approval for the
limited purpose branch must be renewed concurrently with the
renewal of the licensee's license along with a renewal fee of
$300 for the limited purpose branch.
(c) The books, accounts, records, and files of the limited
purpose branch's transactions shall be maintained at the
licensee's licensed location. The licensee shall notify the
Director of the licensed location at which the books, accounts,
records, and files shall be maintained.
(d) The licensee shall prominently display at the limited
purpose branch the address and telephone number of the
licensee's licensed location.
(e) No other business shall be conducted at the site of the
limited purpose branch unless authorized by the Director.
(f) The Director shall make and enforce reasonable rules
for the conduct of a limited purpose branch.
(g) A limited purpose branch may not be located within

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1,000 feet of a facility operated by an inter-track wagering
licensee or an organization licensee subject to the Illinois
Horse Racing Act of 1975, on a riverboat or in a casino subject
to the Illinois Riverboat Gambling Act, or within 1,000 feet of
the location at which the riverboat docks or within 1,000 feet
of a casino.
(Source: P.A. 90-437, eff. 1-1-98.)
Section 90-35. The Illinois Horse Racing Act of 1975 is
amended by changing Sections 1.2, 3.12, 6, 9, 15.1, 18, 19, 20,
24, 26, 27, 28, 28.1, 30, 30.5, 31, 31.1, 32.1, 36, and 40 and
by adding Sections 34.3 and 56 as follows:
(230 ILCS 5/1.2)
Sec. 1.2. Legislative intent. This Act is intended to
benefit the people of the State of Illinois by encouraging the
breeding and production of race horses, assisting economic
development and promoting Illinois tourism. The General
Assembly finds and declares it to be the public policy of the
State of Illinois to:
(a) support and enhance Illinois' horse racing industry,
which is a significant component within the agribusiness
industry;
(b) ensure that Illinois' horse racing industry remains
competitive with neighboring states;
(c) stimulate growth within Illinois' horse racing

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industry, thereby encouraging new investment and development
to produce additional tax revenues and to create additional
jobs;
(d) promote the further growth of tourism;
(e) encourage the breeding of thoroughbred and
standardbred horses in this State; and
(f) ensure that public confidence and trust in the
credibility and integrity of racing operations and the
regulatory process is maintained.
(Source: P.A. 91-40, eff. 6-25-99.)
(230 ILCS 5/3.12) (from Ch. 8, par. 37-3.12)
Sec. 3.12. Pari-mutuel system of wagering. "Pari-mutuel
system of wagering" means a form of wagering on the outcome of
horse races in which wagers are made in various denominations
on a horse or horses and all wagers for each race are pooled
and held by a licensee for distribution in a manner approved by
the Board. "Pari-mutuel system of wagering" shall not include
wagering on historic races. Wagers may be placed via any method
or at any location authorized under this Act.
(Source: P.A. 96-762, eff. 8-25-09.)
(230 ILCS 5/6) (from Ch. 8, par. 37-6)
Sec. 6. Restrictions on Board members.
(a) No person shall be appointed a member of the Board or
continue to be a member of the Board if the person or any

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member of their immediate family is a member of the Board of
Directors, employee, or financially interested in any of the
following: (i) any licensee or other person who has applied for
racing dates to the Board, or the operations thereof including,
but not limited to, concessions, data processing, track
maintenance, track security, and pari-mutuel operations,
located, scheduled or doing business within the State of
Illinois, (ii) any race horse competing at a meeting under the
Board's jurisdiction, or (iii) any licensee under the Illinois
Gambling Act. No person shall be appointed a member of the
Board or continue to be a member of the Board who is (or any
member of whose family is) a member of the Board of Directors
of, or who is a person financially interested in, any licensee
or other person who has applied for racing dates to the Board,
or the operations thereof including, but not limited to,
concessions, data processing, track maintenance, track
security and pari-mutuel operations, located, scheduled or
doing business within the State of Illinois, or in any race
horse competing at a meeting under the Board's jurisdiction. No
Board member shall hold any other public office for which he
shall receive compensation other than necessary travel or other
incidental expenses.
(b) No person shall be a member of the Board who is not of
good moral character or who has been convicted of, or is under
indictment for, a felony under the laws of Illinois or any
other state, or the United States.

09700SB0747sam001 - 90 - LRB097 04468 AEK 59057 a
(c) No member of the Board or employee shall engage in any
political activity. For the purposes of this Section,
"political" means any activity in support of or in connection
with any campaign for State or local elective office or any
political organization, but does not include activities (i)
relating to the support or opposition of any executive,
legislative, or administrative action (as those terms are
defined in Section 2 of the Lobbyist Registration Act), (ii)
relating to collective bargaining, or (iii) that are otherwise
in furtherance of the person's official State duties or
governmental and public service functions.
(d) Board members and employees may not engage in
communications or any activity that may cause or have the
appearance of causing a conflict of interest. A conflict of
interest exists if a situation influences or creates the
appearance that it may influence judgment or performance of
regulatory duties and responsibilities. This prohibition shall
extend to any act identified by Board action that, in the
judgment of the Board, could represent the potential for or the
appearance of a conflict of interest.
(e) Board members and employees may not accept any gift,
gratuity, service, compensation, travel, lodging, or thing of
value, with the exception of unsolicited items of an incidental
nature, from any person, corporation, or entity doing business
with the Board.
(f) A Board member or employee shall not use or attempt to

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use his or her official position to secure, or attempt to
secure, any privilege, advantage, favor, or influence for
himself or herself or others. No Board member or employee,
within a period of one year immediately preceding nomination by
the Governor or employment, shall have been employed or
received compensation or fees for services from a person or
entity, or its parent or affiliate, that has engaged in
business with the Board, a licensee or a licensee under the
Illinois Gambling Act. In addition, all Board members and
employees are subject to the restrictions set forth in Section
5-45 of the State Officials and Employees Ethics Act.
(Source: P.A. 89-16, eff. 5-30-95.)
(230 ILCS 5/9) (from Ch. 8, par. 37-9)
Sec. 9. 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:
(a) The Board is vested with jurisdiction and supervision
over all race meetings in this State, over all licensees doing
business in this State, over all occupation licensees, and over
all persons on the facilities of any licensee. Such
jurisdiction shall include the power to issue licenses to the
Illinois Department of Agriculture authorizing the pari-mutuel
system of wagering on harness and Quarter Horse races held (1)
at the Illinois State Fair in Sangamon County, and (2) at the
DuQuoin State Fair in Perry County. The jurisdiction of the

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Board shall also include the power to issue licenses to county
fairs which are eligible to receive funds pursuant to the
Agricultural Fair Act, as now or hereafter amended, or their
agents, authorizing the pari-mutuel system of wagering on horse
races conducted at the county fairs receiving such licenses.
Such licenses shall be governed by subsection (n) of this
Section.
Upon application, the Board shall issue a license to the
Illinois Department of Agriculture to conduct harness and
Quarter Horse races at the Illinois State Fair and at the
DuQuoin State Fairgrounds during the scheduled dates of each
fair. The Board shall not require and the Department of
Agriculture shall be exempt from the requirements of Sections
15.3, 18 and 19, paragraphs (a)(2), (b), (c), (d), (e), (e-5),
(e-10), (f), (g), and (h) of Section 20, and Sections 21, 24
and 25. The Board and the Department of Agriculture may extend
any or all of these exemptions to any contractor or agent
engaged by the Department of Agriculture to conduct its race
meetings when the Board determines that this would best serve
the public interest and the interest of horse racing.
Notwithstanding any provision of law to the contrary, it
shall be lawful for any licensee to operate pari-mutuel
wagering or contract with the Department of Agriculture to
operate pari-mutuel wagering at the DuQuoin State Fairgrounds
or for the Department to enter into contracts with a licensee,
employ its owners, employees or agents and employ such other

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occupation licensees as the Department deems necessary in
connection with race meetings and wagerings.
(b) The Board is vested with the full power to promulgate
reasonable rules and regulations for the purpose of
administering the provisions of this Act and to prescribe
reasonable rules, regulations and conditions under which all
horse race meetings or wagering in the State shall be
conducted. Such reasonable rules and regulations are to provide
for the prevention of practices detrimental to the public
interest and to promote the best interests of horse racing and
to impose penalties for violations thereof.
(c) The Board, and any person or persons to whom it
delegates this power, is vested with the power to enter the
facilities and other places of business of any licensee to
determine whether there has been compliance with the provisions
of this Act and its rules and regulations.
(d) The Board, and any person or persons to whom it
delegates this power, is vested with the authority to
investigate alleged violations of the provisions of this Act,
its reasonable rules and regulations, orders and final
decisions; the Board shall take appropriate disciplinary
action against any licensee or occupation licensee for
violation thereof or institute appropriate legal action for the
enforcement thereof.
(e) The Board, and any person or persons to whom it
delegates this power, may eject or exclude from any race

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meeting or the facilities of any licensee, or any part thereof,
any occupation licensee or any other individual whose conduct
or reputation is such that his presence on those facilities
may, in the opinion of the Board, call into question the
honesty and integrity of horse racing or wagering or interfere
with the orderly conduct of horse racing or wagering; provided,
however, that no person shall be excluded or ejected from the
facilities of any licensee solely on the grounds of race,
color, creed, national origin, ancestry, or sex. The power to
eject or exclude an occupation licensee or other individual may
be exercised for just cause by the licensee or the Board,
subject to subsequent hearing by the Board as to the propriety
of said exclusion.
(f) The Board is vested with the power to acquire,
establish, maintain and operate (or provide by contract to
maintain and operate) testing laboratories and related
facilities, for the purpose of conducting saliva, blood, urine
and other tests on the horses run or to be run in any horse race
meeting, including races run at county fairs, and to purchase
all equipment and supplies deemed necessary or desirable in
connection with any such testing laboratories and related
facilities and all such tests.
(g) The Board may require that the records, including
financial or other statements of any licensee or any person
affiliated with the licensee who is involved directly or
indirectly in the activities of any licensee as regulated under

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this Act to the extent that those financial or other statements
relate to such activities be kept in such manner as prescribed
by the Board, and that Board employees shall have access to
those records during reasonable business hours. Within 120 days
of the end of its fiscal year, each licensee shall transmit to
the Board an audit of the financial transactions and condition
of the licensee's total operations. All audits shall be
conducted by certified public accountants. Each certified
public accountant must be registered in the State of Illinois
under the Illinois Public Accounting Act. The compensation for
each certified public accountant shall be paid directly by the
licensee to the certified public accountant. A licensee shall
also submit any other financial or related information the
Board deems necessary to effectively administer this Act and
all rules, regulations, and final decisions promulgated under
this Act.
(h) The Board shall name and appoint in the manner provided
by the rules and regulations of the Board: an Executive
Director; a State director of mutuels; State veterinarians and
representatives to take saliva, blood, urine and other tests on
horses; licensing personnel; revenue inspectors; and State
seasonal employees (excluding admission ticket sellers and
mutuel clerks). All of those named and appointed as provided in
this subsection shall serve during the pleasure of the Board;
their compensation shall be determined by the Board and be paid
in the same manner as other employees of the Board under this

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Act.
(i) The Board shall require that there shall be 3 stewards
at each horse race meeting, at least 2 of whom shall be named
and appointed by the Board. Stewards appointed or approved by
the Board, while performing duties required by this Act or by
the Board, shall be entitled to the same rights and immunities
as granted to Board members and Board employees in Section 10
of this Act.
(j) The Board may discharge any Board employee who fails or
refuses for any reason to comply with the rules and regulations
of the Board, or who, in the opinion of the Board, is guilty of
fraud, dishonesty or who is proven to be incompetent. The Board
shall have no right or power to determine who shall be
officers, directors or employees of any licensee, or their
salaries except the Board may, by rule, require that all or any
officials or employees in charge of or whose duties relate to
the actual running of races be approved by the Board.
(k) The Board is vested with the power to appoint delegates
to execute any of the powers granted to it under this Section
for the purpose of administering this Act and any rules or
regulations promulgated in accordance with this Act.
(l) The Board is vested with the power to impose civil
penalties of up to $5,000 against an individual and up to
$10,000 against a licensee for each violation of any provision
of this Act, any rules adopted by the Board, any order of the
Board or any other action which, in the Board's discretion, is

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a detriment or impediment to horse racing or wagering. All such
civil penalties shall be deposited into the Horse Racing Fund.
(m) The Board is vested with the power to prescribe a form
to be used by licensees as an application for employment for
employees of each licensee.
(n) The Board shall have the power to issue a license to
any county fair, or its agent, authorizing the conduct of the
pari-mutuel system of wagering. The Board is vested with the
full power to promulgate reasonable rules, regulations and
conditions under which all horse race meetings licensed
pursuant to this subsection shall be held and conducted,
including rules, regulations and conditions for the conduct of
the pari-mutuel system of wagering. The rules, regulations and
conditions shall provide for the prevention of practices
detrimental to the public interest and for the best interests
of horse racing, and shall prescribe penalties for violations
thereof. Any authority granted the Board under this Act shall
extend to its jurisdiction and supervision over county fairs,
or their agents, licensed pursuant to this subsection. However,
the Board may waive any provision of this Act or its rules or
regulations which would otherwise apply to such county fairs or
their agents.
(o) Whenever the Board is authorized or required by law to
consider some aspect of criminal history record information for
the purpose of carrying out its statutory powers and
responsibilities, then, upon request and payment of fees in

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conformance with the requirements of Section 2605-400 of the
Department of State Police Law (20 ILCS 2605/2605-400), the
Department of State Police is authorized to furnish, pursuant
to positive identification, such information contained in
State files as is necessary to fulfill the request.
(p) To insure the convenience, comfort, and wagering
accessibility of race track patrons, to provide for the
maximization of State revenue, and to generate increases in
purse allotments to the horsemen, the Board shall require any
licensee to staff the pari-mutuel department with adequate
personnel.
(Source: P.A. 91-239, eff. 1-1-00.)
(230 ILCS 5/15.1) (from Ch. 8, par. 37-15.1)
Sec. 15.1. Upon collection of the fee accompanying the
application for an occupation license, the Board shall be
authorized to make daily temporary deposits of the fees, for a
period not to exceed 7 days, with the horsemen's bookkeeper at
a race meeting. The horsemen's bookkeeper shall issue a check,
payable to the order of the Illinois Racing Board, for monies
deposited under this Section within 24 hours of receipt of the
monies. Provided however, upon the issuance of the check by the
horsemen's bookkeeper the check shall be deposited into the
Horse Racing Fund in the State Treasury in accordance with the
provisions of the "State Officers and Employees Money
Disposition Act", approved June 9, 1911, as amended.

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(Source: P.A. 84-432.)
(230 ILCS 5/18) (from Ch. 8, par. 37-18)
Sec. 18. (a) Together with its application, each applicant
for racing dates shall deliver to the Board a certified check
or bank draft payable to the order of the Board for $1,000. In
the event the applicant applies for racing dates in 2 or 3
successive calendar years as provided in subsection (b) of
Section 21, the fee shall be $2,000. Filing fees shall not be
refunded in the event the application is denied. All filing
fees shall be deposited into the Horse Racing Fund.
(b) In addition to the filing fee of $1000 and the fees
provided in subsection (j) of Section 20, each organization
licensee shall pay a license fee of $100 for each racing
program on which its daily pari-mutuel handle is $400,000 or
more but less than $700,000, and a license fee of $200 for each
racing program on which its daily pari-mutuel handle is
$700,000 or more. The additional fees required to be paid under
this Section by this amendatory Act of 1982 shall be remitted
by the organization licensee to the Illinois Racing Board with
each day's graduated privilege tax or pari-mutuel tax and
breakage as provided under Section 27.
(c) Sections 11-42-1, 11-42-5, and 11-54-1 of the "Illinois
Municipal Code," approved May 29, 1961, as now or hereafter
amended, shall not apply to any license under this Act.
(Source: P.A. 91-40, eff. 6-25-99.)

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(230 ILCS 5/19) (from Ch. 8, par. 37-19)
Sec. 19. (a) No organization license may be granted to
conduct a horse race meeting:
(1) except as provided in subsection (c) of Section 21
of this Act, to any person at any place within 35 miles of
any other place licensed by the Board to hold a race
meeting on the same date during the same hours, the mileage
measurement used in this subsection (a) shall be certified
to the Board by the Bureau of Systems and Services in the
Illinois Department of Transportation as the most commonly
used public way of vehicular travel;
(2) to any person in default in the payment of any
obligation or debt due the State under this Act, provided
no applicant shall be deemed in default in the payment of
any obligation or debt due to the State under this Act as
long as there is pending a hearing of any kind relevant to
such matter;
(3) to any person who has been convicted of the
violation of any law of the United States or any State law
which provided as all or part of its penalty imprisonment
in any penal institution; to any person against whom there
is pending a Federal or State criminal charge; to any
person who is or has been connected with or engaged in the
operation of any illegal business; to any person who does
not enjoy a general reputation in his community of being an

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honest, upright, law-abiding person; provided that none of
the matters set forth in this subparagraph (3) shall make
any person ineligible to be granted an organization license
if the Board determines, based on circumstances of any such
case, that the granting of a license would not be
detrimental to the interests of horse racing and of the
public;
(4) to any person who does not at the time of
application for the organization license own or have a
contract or lease for the possession of a finished race
track suitable for the type of racing intended to be held
by the applicant and for the accommodation of the public.
(b) (Blank) Horse racing on Sunday shall be prohibited
unless authorized by ordinance or referendum of the
municipality in which a race track or any of its appurtenances
or facilities are located, or utilized.
(c) If any person is ineligible to receive an organization
license because of any of the matters set forth in subsection
(a) (2) or subsection (a) (3) of this Section, any other or
separate person that either (i) controls, directly or
indirectly, such ineligible person or (ii) is controlled,
directly or indirectly, by such ineligible person or by a
person which controls, directly or indirectly, such ineligible
person shall also be ineligible.
(Source: P.A. 88-495; 89-16, eff. 5-30-95.)

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(230 ILCS 5/20) (from Ch. 8, par. 37-20)
Sec. 20. (a) Any person desiring to conduct a horse race
meeting may apply to the Board for an organization license. The
application shall be made on a form prescribed and furnished by
the Board. The application shall specify:
(1) the dates on which it intends to conduct the horse
race meeting, which dates shall be provided under Section
21;
(2) the hours of each racing day between which it
intends to hold or conduct horse racing at such meeting;
(3) the location where it proposes to conduct the
meeting; and
(4) any other information the Board may reasonably
require.
(b) A separate application for an organization license
shall be filed for each horse race meeting which such person
proposes to hold. Any such application, if made by an
individual, or by any individual as trustee, shall be signed
and verified under oath by such individual. If made by
individuals or a partnership, it shall be signed and verified
under oath by at least 2 of such individuals or members of such
partnership as the case may be. If made by an association,
corporation, corporate trustee or any other entity, it shall be
signed by the president and attested by the secretary or
assistant secretary under the seal of such association, trust
or corporation if it has a seal, and shall also be verified

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under oath by one of the signing officers.
(c) The application shall specify the name of the persons,
association, trust, or corporation making such application and
the post office address of the applicant; if the applicant is a
trustee, the names and addresses of the beneficiaries; if a
corporation, the names and post office addresses of all
officers, stockholders and directors; or if such stockholders
hold stock as a nominee or fiduciary, the names and post office
addresses of these persons, partnerships, corporations, or
trusts who are the beneficial owners thereof or who are
beneficially interested therein; and if a partnership, the
names and post office addresses of all partners, general or
limited; if the applicant is a corporation, the name of the
state of its incorporation shall be specified.
(d) The applicant shall execute and file with the Board a
good faith affirmative action plan to recruit, train, and
upgrade minorities in all classifications within the
association.
(e) With such application there shall be delivered to the
Board a certified check or bank draft payable to the order of
the Board for an amount equal to $1,000. All applications for
the issuance of an organization license shall be filed with the
Board before August 1 of the year prior to the year for which
application is made and shall be acted upon by the Board at a
meeting to be held on such date as shall be fixed by the Board
during the last 15 days of September of such prior year. At

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such meeting, the Board shall announce the award of the racing
meets, live racing schedule, and designation of host track to
the applicants and its approval or disapproval of each
application. No announcement shall be considered binding until
a formal order is executed by the Board, which shall be
executed no later than October 15 of that prior year. Absent
the agreement of the affected organization licensees, the Board
shall not grant overlapping race meetings to 2 or more tracks
that are within 100 miles of each other to conduct the
thoroughbred racing.
(e-1) In awarding standardbred racing dates for calendar
year 2012 and thereafter, the Board shall award at least 310
racing days, and each organization licensee shall average at
least 12 races for each racing day awarded. The Board shall
have the discretion to allocate those racing days among
organization licensees requesting standardbred race dates.
Once awarded by the Board, organization licensees awarded
standardbred dates shall run at least 3,500 races in total
during that calendar year.
(e-2) For each calendar year for which an organization
licensee that is receiving money from the Horse Racing Impact
Fee Fund requests a number of live standardbred racing days
under its organization license that is less than the number of
days of live racing awarded in 2009 for its race track
facility, the organization licensee may not receive any amount
from the Horse Racing Impact Fee Fund for the calendar year of

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such requested racing days. The number of days of live racing
may be adjusted, on a year-by-year basis, because of weather or
unsafe track conditions due to acts of God or an agreement
between the organization licensee and the association
representing the largest number of owners, trainers, or
standardbred drivers who race horses at that organization
licensee's racing meeting.
(e-3) The Board may waive the requirements of subsections
(e-1) and (e-3) if it finds that it is in the best interest of
the public and the sport of horse racing to conduct fewer races
or days of live racing after considering all relevant factors,
including, but not limited to, available local horse
population, anticipated field size, and sufficient purse
levels.
(e-5) In reviewing an application for the purpose of
granting an organization license consistent with the best
interests of the public and the sport of horse racing, the
Board shall consider:
(1) the character, reputation, experience, and
financial integrity of the applicant and of any other
separate person that either:
(i) controls the applicant, directly or
indirectly, or
(ii) is controlled, directly or indirectly, by
that applicant or by a person who controls, directly or
indirectly, that applicant;

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(2) the applicant's facilities or proposed facilities
for conducting horse racing;
(3) the total revenue without regard to Section 32.1 to
be derived by the State and horsemen from the applicant's
conducting a race meeting;
(4) the applicant's good faith affirmative action plan
to recruit, train, and upgrade minorities in all employment
classifications;
(5) the applicant's financial ability to purchase and
maintain adequate liability and casualty insurance;
(6) the applicant's proposed and prior year's
promotional and marketing activities and expenditures of
the applicant associated with those activities;
(7) an agreement, if any, among organization licensees
as provided in subsection (b) of Section 21 of this Act;
and
(8) the extent to which the applicant exceeds or meets
other standards for the issuance of an organization license
that the Board shall adopt by rule.
In granting organization licenses and allocating dates for
horse race meetings, the Board shall have discretion to
determine an overall schedule, including required simulcasts
of Illinois races by host tracks that will, in its judgment, be
conducive to the best interests of the public and the sport of
horse racing.
(e-10) The Illinois Administrative Procedure Act shall

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apply to administrative procedures of the Board under this Act
for the granting of an organization license, except that (1)
notwithstanding the provisions of subsection (b) of Section
10-40 of the Illinois Administrative Procedure Act regarding
cross-examination, the Board may prescribe rules limiting the
right of an applicant or participant in any proceeding to award
an organization license to conduct cross-examination of
witnesses at that proceeding where that cross-examination
would unduly obstruct the timely award of an organization
license under subsection (e) of Section 20 of this Act; (2) the
provisions of Section 10-45 of the Illinois Administrative
Procedure Act regarding proposals for decision are excluded
under this Act; (3) notwithstanding the provisions of
subsection (a) of Section 10-60 of the Illinois Administrative
Procedure Act regarding ex parte communications, the Board may
prescribe rules allowing ex parte communications with
applicants or participants in a proceeding to award an
organization license where conducting those communications
would be in the best interest of racing, provided all those
communications are made part of the record of that proceeding
pursuant to subsection (c) of Section 10-60 of the Illinois
Administrative Procedure Act; (4) the provisions of Section 14a
of this Act and the rules of the Board promulgated under that
Section shall apply instead of the provisions of Article 10 of
the Illinois Administrative Procedure Act regarding
administrative law judges; and (5) the provisions of subsection

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(d) of Section 10-65 of the Illinois Administrative Procedure
Act that prevent summary suspension of a license pending
revocation or other action shall not apply.
(f) The Board may allot racing dates to an organization
licensee for more than one calendar year but for no more than 3
successive calendar years in advance, provided that the Board
shall review such allotment for more than one calendar year
prior to each year for which such allotment has been made. The
granting of an organization license to a person constitutes a
privilege to conduct a horse race meeting under the provisions
of this Act, and no person granted an organization license
shall be deemed to have a vested interest, property right, or
future expectation to receive an organization license in any
subsequent year as a result of the granting of an organization
license. Organization licenses shall be subject to revocation
if the organization licensee has violated any provision of this
Act or the rules and regulations promulgated under this Act or
has been convicted of a crime or has failed to disclose or has
stated falsely any information called for in the application
for an organization license. Any organization license
revocation proceeding shall be in accordance with Section 16
regarding suspension and revocation of occupation licenses.
(f-5) If, (i) an applicant does not file an acceptance of
the racing dates awarded by the Board as required under part
(1) of subsection (h) of this Section 20, or (ii) an
organization licensee has its license suspended or revoked

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under this Act, the Board, upon conducting an emergency hearing
as provided for in this Act, may reaward on an emergency basis
pursuant to rules established by the Board, racing dates not
accepted or the racing dates associated with any suspension or
revocation period to one or more organization licensees, new
applicants, or any combination thereof, upon terms and
conditions that the Board determines are in the best interest
of racing, provided, the organization licensees or new
applicants receiving the awarded racing dates file an
acceptance of those reawarded racing dates as required under
paragraph (1) of subsection (h) of this Section 20 and comply
with the other provisions of this Act. The Illinois
Administrative Procedure Act shall not apply to the
administrative procedures of the Board in conducting the
emergency hearing and the reallocation of racing dates on an
emergency basis.
(g) (Blank).
(h) The Board shall send the applicant a copy of its
formally executed order by certified mail addressed to the
applicant at the address stated in his application, which
notice shall be mailed within 5 days of the date the formal
order is executed.
Each applicant notified shall, within 10 days after receipt
of the final executed order of the Board awarding racing dates:
(1) file with the Board an acceptance of such award in
the form prescribed by the Board;

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(2) pay to the Board an additional amount equal to $110
for each racing date awarded; and
(3) file with the Board the bonds required in Sections
21 and 25 at least 20 days prior to the first day of each
race meeting.
Upon compliance with the provisions of paragraphs (1), (2), and
(3) of this subsection (h), the applicant shall be issued an
organization license.
If any applicant fails to comply with this Section or fails
to pay the organization license fees herein provided, no
organization license shall be issued to such applicant.
(Source: P.A. 97-333, eff. 8-12-11.)
(230 ILCS 5/24) (from Ch. 8, par. 37-24)
Sec. 24. (a) No license shall be issued to or held by an
organization licensee unless all of its officers, directors,
and holders of ownership interests of at least 5% are first
approved by the Board. The Board shall not give approval of an
organization license application to any person who has been
convicted of or is under an indictment for a crime of moral
turpitude or has violated any provision of the racing law of
this State or any rules of the Board.
(b) An organization licensee must notify the Board within
10 days of any change in the holders of a direct or indirect
interest in the ownership of the organization licensee. The
Board may, after hearing, revoke the organization license of

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any person who registers on its books or knowingly permits a
direct or indirect interest in the ownership of that person
without notifying the Board of the name of the holder in
interest within this period.
(c) In addition to the provisions of subsection (a) of this
Section, no person shall be granted an organization license if
any public official of the State or member of his or her family
holds any ownership or financial interest, directly or
indirectly, in the person.
(d) No person which has been granted an organization
license to hold a race meeting shall give to any public
official or member of his family, directly or indirectly, for
or without consideration, any interest in the person. The Board
shall, after hearing, revoke the organization license granted
to a person which has violated this subsection.
(e) Any person or business entity that holds a license or
is an applicant for a license under the Illinois Horse Racing
Act, and any affiliated entity or affiliated person of such
business entity, are prohibited from making any contributions
to any political committees or campaigns established to promote
the candidacy of any officeholder(s) or any other declared
candidate for any office in Illinois. For licensees, this
prohibition shall be effective for a period of 2 years
following the expiration, termination or revocation of a
license. For applicants who do not receive a license, this
prohibition shall be in place from the time applications are

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solicited until the application has been denied or the
license(s) at issue have been awarded and any related protests
or legal actions have been completed. For purposes of this
section, the definitions of "business entity," "affiliated
person", and "affiliated entity" set forth in Section 50-37 of
the Illinois Procurement Code shall apply. (Blank).
Any person or entity that makes a prohibited political
contribution is subject to a fine of up to $200,000 per
violation and any other action deemed appropriate by the
Illinois Racing Board.
(f) No organization licensee or concessionaire or officer,
director or holder or controller of 5% or more legal or
beneficial interest in any organization licensee or concession
shall make any sort of gift or contribution that is prohibited
under Article 10 of the State Officials and Employees Ethics
Act of any kind or pay or give any money or other thing of value
to any person who is a public official, or a candidate or
nominee for public office if that payment or gift is prohibited
under Article 10 of the State Officials and Employees Ethics
Act.
(Source: P.A. 89-16, eff. 5-30-95.)
(230 ILCS 5/26) (from Ch. 8, par. 37-26)
Sec. 26. Wagering.
(a) Any licensee may conduct and supervise the pari-mutuel
system of wagering, as defined in Section 3.12 of this Act, on

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horse races conducted by an Illinois organization licensee or
conducted at a racetrack located in another state or country
and televised in Illinois in accordance with subsection (g) of
Section 26 of this Act. Subject to the prior consent of the
Board, licensees may supplement any pari-mutuel pool in order
to guarantee a minimum distribution. Such pari-mutuel method of
wagering shall not, under any circumstances if conducted under
the provisions of this Act, be held or construed to be
unlawful, other statutes of this State to the contrary
notwithstanding. Subject to rules for advance wagering
promulgated by the Board, any licensee may accept wagers in
advance of the day of the race wagered upon occurs.
(b) Except for those gaming activities for which a license
is obtained and authorized under the Illinois Lottery Act, the
Charitable Games Act, the Raffles Act, or the Illinois Gambling
Act, no No other method of betting, pool making, wagering or
gambling shall be used or permitted by the licensee. Each
licensee may retain, subject to the payment of all applicable
taxes and purses, an amount not to exceed 17% of all money
wagered under subsection (a) of this Section, except as may
otherwise be permitted under this Act.
(b-5) An individual may place a wager under the pari-mutuel
system from any licensed location authorized under this Act
provided that wager is electronically recorded in the manner
described in Section 3.12 of this Act. Any wager made
electronically by an individual while physically on the

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premises of a licensee shall be deemed to have been made at the
premises of that licensee.
(c) Until January 1, 2000, the sum held by any licensee for
payment of outstanding pari-mutuel tickets, if unclaimed prior
to December 31 of the next year, shall be retained by the
licensee for payment of such tickets until that date. Within 10
days thereafter, the balance of such sum remaining unclaimed,
less any uncashed supplements contributed by such licensee for
the purpose of guaranteeing minimum distributions of any
pari-mutuel pool, shall be paid to the Illinois Veterans'
Rehabilitation Fund of the State treasury, except as provided
in subsection (g) of Section 27 of this Act.
(c-5) Beginning January 1, 2000, the sum held by any
licensee for payment of outstanding pari-mutuel tickets, if
unclaimed prior to December 31 of the next year, shall be
retained by the licensee for payment of such tickets until that
date. Within 10 days thereafter, the balance of such sum
remaining unclaimed, less any uncashed supplements contributed
by such licensee for the purpose of guaranteeing minimum
distributions of any pari-mutuel pool, shall be evenly
distributed to the purse account of the organization licensee
and the organization licensee.
(d) A pari-mutuel ticket shall be honored until December 31
of the next calendar year, and the licensee shall pay the same
and may charge the amount thereof against unpaid money
similarly accumulated on account of pari-mutuel tickets not

09700SB0747sam001 - 115 - LRB097 04468 AEK 59057 a
presented for payment.
(e) No licensee shall knowingly permit any minor, other
than an employee of such licensee or an owner, trainer, jockey,
driver, or employee thereof, to be admitted during a racing
program unless accompanied by a parent or guardian, or any
minor to be a patron of the pari-mutuel system of wagering
conducted or supervised by it. The admission of any
unaccompanied minor, other than an employee of the licensee or
an owner, trainer, jockey, driver, or employee thereof at a
race track is a Class C misdemeanor.
(f) Notwithstanding the other provisions of this Act, an
organization licensee may contract with an entity in another
state or country to permit any legal wagering entity in another
state or country to accept wagers solely within such other
state or country on races conducted by the organization
licensee in this State. Beginning January 1, 2000, these wagers
shall not be subject to State taxation. Until January 1, 2000,
when the out-of-State entity conducts a pari-mutuel pool
separate from the organization licensee, a privilege tax equal
to 7 1/2% of all monies received by the organization licensee
from entities in other states or countries pursuant to such
contracts is imposed on the organization licensee, and such
privilege tax shall be remitted to the Department of Revenue
within 48 hours of receipt of the moneys from the simulcast.
When the out-of-State entity conducts a combined pari-mutuel
pool with the organization licensee, the tax shall be 10% of

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all monies received by the organization licensee with 25% of
the receipts from this 10% tax to be distributed to the county
in which the race was conducted.
An organization licensee may permit one or more of its
races to be utilized for pari-mutuel wagering at one or more
locations in other states and may transmit audio and visual
signals of races the organization licensee conducts to one or
more locations outside the State or country and may also permit
pari-mutuel pools in other states or countries to be combined
with its gross or net wagering pools or with wagering pools
established by other states.
(g) A host track may accept interstate simulcast wagers on
horse races conducted in other states or countries and shall
control the number of signals and types of breeds of racing in
its simulcast program, subject to the disapproval of the Board.
The Board may prohibit a simulcast program only if it finds
that the simulcast program is clearly adverse to the integrity
of racing. The host track simulcast program shall include the
signal of live racing of all organization licensees. All
non-host licensees and advance deposit wagering licensees
shall carry the signal of and accept wagers on live racing of
all organization licensees. Advance deposit wagering licensees
shall not be permitted to accept out-of-state wagers on any
Illinois signal provided pursuant to this Section without the
approval and consent of the organization licensee providing the
signal. Non-host licensees may carry the host track simulcast

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program and shall accept wagers on all races included as part
of the simulcast program upon which wagering is permitted. All
organization licensees shall provide their live signal to all
advance deposit wagering licensees for a simulcast commission
fee not to exceed 6% of the advance deposit wagering licensee's
Illinois handle on the organization licensee's signal without
prior approval by the Board. The Board may adopt rules under
which it may permit simulcast commission fees in excess of 6%.
The Board shall adopt rules limiting the interstate commission
fees charged to an advance deposit wagering licensee. The Board
shall adopt rules regarding advance deposit wagering on
interstate simulcast races that shall reflect, among other
things, the General Assembly's desire to maximize revenues to
the State, horsemen purses, and organizational licensees.
However, organization licensees providing live signals
pursuant to the requirements of this subsection (g) may
petition the Board to withhold their live signals from an
advance deposit wagering licensee if the organization licensee
discovers and the Board finds reputable or credible information
that the advance deposit wagering licensee is under
investigation by another state or federal governmental agency,
the advance deposit wagering licensee's license has been
suspended in another state, or the advance deposit wagering
licensee's license is in revocation proceedings in another
state. The organization licensee's provision of their live
signal to an advance deposit wagering licensee under this

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subsection (g) pertains to wagers placed from within Illinois.
Advance deposit wagering licensees may place advance deposit
wagering terminals at wagering facilities as a convenience to
customers. The advance deposit wagering licensee shall not
charge or collect any fee from purses for the placement of the
advance deposit wagering terminals. The costs and expenses of
the host track and non-host licensees associated with
interstate simulcast wagering, other than the interstate
commission fee, shall be borne by the host track and all
non-host licensees incurring these costs. The interstate
commission fee shall not exceed 5% of Illinois handle on the
interstate simulcast race or races without prior approval of
the Board. The Board shall promulgate rules under which it may
permit interstate commission fees in excess of 5%. The
interstate commission fee and other fees charged by the sending
racetrack, including, but not limited to, satellite decoder
fees, shall be uniformly applied to the host track and all
non-host licensees.
Notwithstanding any other provision of this Act, for a
period of 3 years after the effective date of this amendatory
Act of the 96th General Assembly, an organization licensee may
maintain a system whereby advance deposit wagering may take
place or an organization licensee, with the consent of the
horsemen association representing the largest number of
owners, trainers, jockeys, or standardbred drivers who race
horses at that organization licensee's racing meeting, may

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contract with another person to carry out a system of advance
deposit wagering. Such consent may not be unreasonably
withheld. All advance deposit wagers placed from within
Illinois must be placed through a Board-approved advance
deposit wagering licensee; no other entity may accept an
advance deposit wager from a person within Illinois. All
advance deposit wagering is subject to any rules adopted by the
Board. The Board may adopt rules necessary to regulate advance
deposit wagering through the use of emergency rulemaking in
accordance with Section 5-45 of the Illinois Administrative
Procedure Act. The General Assembly finds that the adoption of
rules to regulate advance deposit wagering is deemed an
emergency and necessary for the public interest, safety, and
welfare. An advance deposit wagering licensee may retain all
moneys as agreed to by contract with an organization licensee.
Any moneys retained by the organization licensee from advance
deposit wagering, not including moneys retained by the advance
deposit wagering licensee, shall be paid 50% to the
organization licensee's purse account and 50% to the
organization licensee. If more than one breed races at the same
race track facility, then the 50% of the moneys to be paid to
an organization licensee's purse account shall be allocated
among all organization licensees' purse accounts operating at
that race track facility proportionately based on the actual
number of host days that the Board grants to that breed at that
race track facility in the current calendar year. To the extent

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any fees from advance deposit wagering conducted in Illinois
for wagers in Illinois or other states have been placed in
escrow or otherwise withheld from wagers pending a
determination of the legality of advance deposit wagering, no
action shall be brought to declare such wagers or the
disbursement of any fees previously escrowed illegal.
(1) Between the hours of 6:30 a.m. and 6:30 p.m. an
intertrack wagering licensee other than the host track may
supplement the host track simulcast program with
additional simulcast races or race programs, provided that
between January 1 and the third Friday in February of any
year, inclusive, if no live thoroughbred racing is
occurring in Illinois during this period, only
thoroughbred races may be used for supplemental interstate
simulcast purposes. The Board shall withhold approval for a
supplemental interstate simulcast only if it finds that the
simulcast is clearly adverse to the integrity of racing. A
supplemental interstate simulcast may be transmitted from
an intertrack wagering licensee to its affiliated non-host
licensees. The interstate commission fee for a
supplemental interstate simulcast shall be paid by the
non-host licensee and its affiliated non-host licensees
receiving the simulcast.
(2) Between the hours of 6:30 p.m. and 6:30 a.m. an
intertrack wagering licensee other than the host track may
receive supplemental interstate simulcasts only with the

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consent of the host track, except when the Board finds that
the simulcast is clearly adverse to the integrity of
racing. Consent granted under this paragraph (2) to any
intertrack wagering licensee shall be deemed consent to all
non-host licensees. The interstate commission fee for the
supplemental interstate simulcast shall be paid by all
participating non-host licensees.
(3) Each licensee conducting interstate simulcast
wagering may retain, subject to the payment of all
applicable taxes and the purses, an amount not to exceed
17% of all money wagered. If any licensee conducts the
pari-mutuel system wagering on races conducted at
racetracks in another state or country, each such race or
race program shall be considered a separate racing day for
the purpose of determining the daily handle and computing
the privilege tax of that daily handle as provided in
subsection (a) of Section 27. Until January 1, 2000, from
the sums permitted to be retained pursuant to this
subsection, each intertrack wagering location licensee
shall pay 1% of the pari-mutuel handle wagered on simulcast
wagering to the Horse Racing Tax Allocation Fund, subject
to the provisions of subparagraph (B) of paragraph (11) of
subsection (h) of Section 26 of this Act.
(4) A licensee who receives an interstate simulcast may
combine its gross or net pools with pools at the sending
racetracks pursuant to rules established by the Board. All

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licensees combining their gross pools at a sending
racetrack shall adopt the take-out percentages of the
sending racetrack. A licensee may also establish a separate
pool and takeout structure for wagering purposes on races
conducted at race tracks outside of the State of Illinois.
The licensee may permit pari-mutuel wagers placed in other
states or countries to be combined with its gross or net
wagering pools or other wagering pools.
(5) After the payment of the interstate commission fee
(except for the interstate commission fee on a supplemental
interstate simulcast, which shall be paid by the host track
and by each non-host licensee through the host-track) and
all applicable State and local taxes, except as provided in
subsection (g) of Section 27 of this Act, the remainder of
moneys retained from simulcast wagering pursuant to this
subsection (g), and Section 26.2 shall be divided as
follows:
(A) For interstate simulcast wagers made at a host
track, 50% to the host track and 50% to purses at the
host track.
(B) For wagers placed on interstate simulcast
races, supplemental simulcasts as defined in
subparagraphs (1) and (2), and separately pooled races
conducted outside of the State of Illinois made at a
non-host licensee, 25% to the host track, 25% to the
non-host licensee, and 50% to the purses at the host

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track.
(6) Notwithstanding any provision in this Act to the
contrary, non-host licensees who derive their licenses
from a track located in a county with a population in
excess of 230,000 and that borders the Mississippi River
may receive supplemental interstate simulcast races at all
times subject to Board approval, which shall be withheld
only upon a finding that a supplemental interstate
simulcast is clearly adverse to the integrity of racing.
(7) Notwithstanding any provision of this Act to the
contrary, after payment of all applicable State and local
taxes and interstate commission fees, non-host licensees
who derive their licenses from a track located in a county
with a population in excess of 230,000 and that borders the
Mississippi River shall retain 50% of the retention from
interstate simulcast wagers and shall pay 50% to purses at
the track from which the non-host licensee derives its
license as follows:
(A) Between January 1 and the third Friday in
February, inclusive, if no live thoroughbred racing is
occurring in Illinois during this period, when the
interstate simulcast is a standardbred race, the purse
share to its standardbred purse account;
(B) Between January 1 and the third Friday in
February, inclusive, if no live thoroughbred racing is
occurring in Illinois during this period, and the

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interstate simulcast is a thoroughbred race, the purse
share to its interstate simulcast purse pool to be
distributed under paragraph (10) of this subsection
(g);
(C) Between January 1 and the third Friday in
February, inclusive, if live thoroughbred racing is
occurring in Illinois, between 6:30 a.m. and 6:30 p.m.
the purse share from wagers made during this time
period to its thoroughbred purse account and between
6:30 p.m. and 6:30 a.m. the purse share from wagers
made during this time period to its standardbred purse
accounts;
(D) Between the third Saturday in February and
December 31, when the interstate simulcast occurs
between the hours of 6:30 a.m. and 6:30 p.m., the purse
share to its thoroughbred purse account;
(E) Between the third Saturday in February and
December 31, when the interstate simulcast occurs
between the hours of 6:30 p.m. and 6:30 a.m., the purse
share to its standardbred purse account.
(7.1) Notwithstanding any other provision of this Act
to the contrary, if no standardbred racing is conducted at
a racetrack located in Madison County during any calendar
year beginning on or after January 1, 2002, all moneys
derived by that racetrack from simulcast wagering and
inter-track wagering that (1) are to be used for purses and

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(2) are generated between the hours of 6:30 p.m. and 6:30
a.m. during that calendar year shall be paid as follows:
(A) If the licensee that conducts horse racing at
that racetrack requests from the Board at least as many
racing dates as were conducted in calendar year 2000,
80% shall be paid to its thoroughbred purse account;
and
(B) Twenty percent shall be deposited into the
Illinois Colt Stakes Purse Distribution Fund and shall
be paid to purses for standardbred races for Illinois
conceived and foaled horses conducted at any county
fairgrounds. The moneys deposited into the Fund
pursuant to this subparagraph (B) shall be deposited
within 2 weeks after the day they were generated, shall
be in addition to and not in lieu of any other moneys
paid to standardbred purses under this Act, and shall
not be commingled with other moneys paid into that
Fund. The moneys deposited pursuant to this
subparagraph (B) shall be allocated as provided by the
Department of Agriculture, with the advice and
assistance of the Illinois Standardbred Breeders Fund
Advisory Board.
(7.2) Notwithstanding any other provision of this Act
to the contrary, if no thoroughbred racing is conducted at
a racetrack located in Madison County during any calendar
year beginning on or after January 1, 2002, all moneys

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derived by that racetrack from simulcast wagering and
inter-track wagering that (1) are to be used for purses and
(2) are generated between the hours of 6:30 a.m. and 6:30
p.m. during that calendar year shall be deposited as
follows:
(A) If the licensee that conducts horse racing at
that racetrack requests from the Board at least as many
racing dates as were conducted in calendar year 2000,
80% shall be deposited into its standardbred purse
account; and
(B) Twenty percent shall be deposited into the
Illinois Colt Stakes Purse Distribution Fund. Moneys
deposited into the Illinois Colt Stakes Purse
Distribution Fund pursuant to this subparagraph (B)
shall be paid to Illinois conceived and foaled
thoroughbred breeders' programs and to thoroughbred
purses for races conducted at any county fairgrounds
for Illinois conceived and foaled horses at the
discretion of the Department of Agriculture, with the
advice and assistance of the Illinois Thoroughbred
Breeders Fund Advisory Board. The moneys deposited
into the Illinois Colt Stakes Purse Distribution Fund
pursuant to this subparagraph (B) shall be deposited
within 2 weeks after the day they were generated, shall
be in addition to and not in lieu of any other moneys
paid to thoroughbred purses under this Act, and shall

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not be commingled with other moneys deposited into that
Fund.
(7.3) If no live standardbred racing is conducted at a
racetrack located in Madison County in calendar year 2000
or 2001, an organization licensee who is licensed to
conduct horse racing at that racetrack shall, before
January 1, 2002, pay all moneys derived from simulcast
wagering and inter-track wagering in calendar years 2000
and 2001 and paid into the licensee's standardbred purse
account as follows:
(A) Eighty percent to that licensee's thoroughbred
purse account to be used for thoroughbred purses; and
(B) Twenty percent to the Illinois Colt Stakes
Purse Distribution Fund.
Failure to make the payment to the Illinois Colt Stakes
Purse Distribution Fund before January 1, 2002 shall result
in the immediate revocation of the licensee's organization
license, inter-track wagering license, and inter-track
wagering location license.
Moneys paid into the Illinois Colt Stakes Purse
Distribution Fund pursuant to this paragraph (7.3) shall be
paid to purses for standardbred races for Illinois
conceived and foaled horses conducted at any county
fairgrounds. Moneys paid into the Illinois Colt Stakes
Purse Distribution Fund pursuant to this paragraph (7.3)
shall be used as determined by the Department of

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Agriculture, with the advice and assistance of the Illinois
Standardbred Breeders Fund Advisory Board, shall be in
addition to and not in lieu of any other moneys paid to
standardbred purses under this Act, and shall not be
commingled with any other moneys paid into that Fund.
(7.4) If live standardbred racing is conducted at a
racetrack located in Madison County at any time in calendar
year 2001 before the payment required under paragraph (7.3)
has been made, the organization licensee who is licensed to
conduct racing at that racetrack shall pay all moneys
derived by that racetrack from simulcast wagering and
inter-track wagering during calendar years 2000 and 2001
that (1) are to be used for purses and (2) are generated
between the hours of 6:30 p.m. and 6:30 a.m. during 2000 or
2001 to the standardbred purse account at that racetrack to
be used for standardbred purses.
(8) Notwithstanding any provision in this Act to the
contrary, an organization licensee from a track located in
a county with a population in excess of 230,000 and that
borders the Mississippi River and its affiliated non-host
licensees shall not be entitled to share in any retention
generated on racing, inter-track wagering, or simulcast
wagering at any other Illinois wagering facility.
(8.1) Notwithstanding any provisions in this Act to the
contrary, if 2 organization licensees are conducting
standardbred race meetings concurrently between the hours

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of 6:30 p.m. and 6:30 a.m., after payment of all applicable
State and local taxes and interstate commission fees, the
remainder of the amount retained from simulcast wagering
otherwise attributable to the host track and to host track
purses shall be split daily between the 2 organization
licensees and the purses at the tracks of the 2
organization licensees, respectively, based on each
organization licensee's share of the total live handle for
that day, provided that this provision shall not apply to
any non-host licensee that derives its license from a track
located in a county with a population in excess of 230,000
and that borders the Mississippi River.
(9) (Blank).
(10) (Blank).
(11) (Blank).
(12) The Board shall have authority to compel all host
tracks to receive the simulcast of any or all races
conducted at the Springfield or DuQuoin State fairgrounds
and include all such races as part of their simulcast
programs.
(13) Notwithstanding any other provision of this Act,
in the event that the total Illinois pari-mutuel handle on
Illinois horse races at all wagering facilities in any
calendar year is less than 75% of the total Illinois
pari-mutuel handle on Illinois horse races at all such
wagering facilities for calendar year 1994, then each

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wagering facility that has an annual total Illinois
pari-mutuel handle on Illinois horse races that is less
than 75% of the total Illinois pari-mutuel handle on
Illinois horse races at such wagering facility for calendar
year 1994, shall be permitted to receive, from any amount
otherwise payable to the purse account at the race track
with which the wagering facility is affiliated in the
succeeding calendar year, an amount equal to 2% of the
differential in total Illinois pari-mutuel handle on
Illinois horse races at the wagering facility between that
calendar year in question and 1994 provided, however, that
a wagering facility shall not be entitled to any such
payment until the Board certifies in writing to the
wagering facility the amount to which the wagering facility
is entitled and a schedule for payment of the amount to the
wagering facility, based on: (i) the racing dates awarded
to the race track affiliated with the wagering facility
during the succeeding year; (ii) the sums available or
anticipated to be available in the purse account of the
race track affiliated with the wagering facility for purses
during the succeeding year; and (iii) the need to ensure
reasonable purse levels during the payment period. The
Board's certification shall be provided no later than
January 31 of the succeeding year. In the event a wagering
facility entitled to a payment under this paragraph (13) is
affiliated with a race track that maintains purse accounts

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for both standardbred and thoroughbred racing, the amount
to be paid to the wagering facility shall be divided
between each purse account pro rata, based on the amount of
Illinois handle on Illinois standardbred and thoroughbred
racing respectively at the wagering facility during the
previous calendar year. Annually, the General Assembly
shall appropriate sufficient funds from the General
Revenue Fund to the Department of Agriculture for payment
into the thoroughbred and standardbred horse racing purse
accounts at Illinois pari-mutuel tracks. The amount paid to
each purse account shall be the amount certified by the
Illinois Racing Board in January to be transferred from
each account to each eligible racing facility in accordance
with the provisions of this Section. Beginning in the
calendar year in which an organization licensee that is
eligible to receive payment under this paragraph (13)
begins to receive funds from the Horse Racing Impact Fee
Fund, the amount of the payment due to all wagering
facilities licensed under that organization licensee under
this paragraph (13) shall be the amount certified by the
Board in January of that year. An organization licensee and
its related wagering facilities shall no longer be able to
receive payments under this paragraph (13) beginning in the
year subsequent to the first year in which the organization
licensee begins to receive funds from the Horse Racing
Impact Fee Fund.

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(h) The Board may approve and license the conduct of
inter-track wagering and simulcast wagering by inter-track
wagering licensees and inter-track wagering location licensees
subject to the following terms and conditions:
(1) Any person licensed to conduct a race meeting (i)
at a track where 60 or more days of racing were conducted
during the immediately preceding calendar year or where
over the 5 immediately preceding calendar years an average
of 30 or more days of racing were conducted annually may be
issued an inter-track wagering license; (ii) at a track
located in a county that is bounded by the Mississippi
River, which has a population of less than 150,000
according to the 1990 decennial census, and an average of
at least 60 days of racing per year between 1985 and 1993
may be issued an inter-track wagering license; or (iii) at
a track located in Madison County that conducted at least
100 days of live racing during the immediately preceding
calendar year may be issued an inter-track wagering
license, unless a lesser schedule of live racing is the
result of (A) weather, unsafe track conditions, or other
acts of God; (B) an agreement between the organization
licensee and the associations representing the largest
number of owners, trainers, jockeys, or standardbred
drivers who race horses at that organization licensee's
racing meeting; or (C) a finding by the Board of
extraordinary circumstances and that it was in the best

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interest of the public and the sport to conduct fewer than
100 days of live racing. Any such person having operating
control of the racing facility may also receive up to 6
inter-track wagering location licenses. In no event shall
more than 6 inter-track wagering locations be established
for each eligible race track, except that an eligible race
track located in a county that has a population of more
than 230,000 and that is bounded by the Mississippi River
may establish up to 7 inter-track wagering locations. An
application for said license shall be filed with the Board
prior to such dates as may be fixed by the Board. With an
application for an inter-track wagering location license
there shall be delivered to the Board a certified check or
bank draft payable to the order of the Board for an amount
equal to $500. The application shall be on forms prescribed
and furnished by the Board. The application shall comply
with all other rules, regulations and conditions imposed by
the Board in connection therewith.
(2) The Board shall examine the applications with
respect to their conformity with this Act and the rules and
regulations imposed by the Board. If found to be in
compliance with the Act and rules and regulations of the
Board, the Board may then issue a license to conduct
inter-track wagering and simulcast wagering to such
applicant. All such applications shall be acted upon by the
Board at a meeting to be held on such date as may be fixed

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by the Board.
(3) In granting licenses to conduct inter-track
wagering and simulcast wagering, the Board shall give due
consideration to the best interests of the public, of horse
racing, and of maximizing revenue to the State.
(4) Prior to the issuance of a license to conduct
inter-track wagering and simulcast wagering, the applicant
shall file with the Board a bond payable to the State of
Illinois in the sum of $50,000, executed by the applicant
and a surety company or companies authorized to do business
in this State, and conditioned upon (i) the payment by the
licensee of all taxes due under Section 27 or 27.1 and any
other monies due and payable under this Act, and (ii)
distribution by the licensee, upon presentation of the
winning ticket or tickets, of all sums payable to the
patrons of pari-mutuel pools.
(5) Each license to conduct inter-track wagering and
simulcast wagering shall specify the person to whom it is
issued, the dates on which such wagering is permitted, and
the track or location where the wagering is to be
conducted.
(6) All wagering under such license is subject to this
Act and to the rules and regulations from time to time
prescribed by the Board, and every such license issued by
the Board shall contain a recital to that effect.
(7) An inter-track wagering licensee or inter-track

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wagering location licensee may accept wagers at the track
or location where it is licensed, or as otherwise provided
under this Act.
(8) Inter-track wagering or simulcast wagering shall
not be conducted at any track less than 4 5 miles from a
track at which a racing meeting is in progress.
(8.1) Inter-track wagering location licensees who
derive their licenses from a particular organization
licensee shall conduct inter-track wagering and simulcast
wagering only at locations which are either within 90 miles
of that race track where the particular organization
licensee is licensed to conduct racing, or within 135 miles
of that race track where the particular organization
licensee is licensed to conduct racing in the case of race
tracks in counties of less than 400,000 that were operating
on or before June 1, 1986. However, inter-track wagering
and simulcast wagering shall not be conducted by those
licensees at any location within 5 miles of any race track
at which a horse race meeting has been licensed in the
current year, unless the person having operating control of
such race track has given its written consent to such
inter-track wagering location licensees, which consent
must be filed with the Board at or prior to the time
application is made.
(8.2) Inter-track wagering or simulcast wagering shall
not be conducted by an inter-track wagering location

09700SB0747sam001 - 136 - LRB097 04468 AEK 59057 a
licensee at any location within 500 feet of an existing
church, an or existing elementary or secondary public
school, or an existing elementary or secondary private
school registered with or recognized by the State Board of
Education school, nor within 500 feet of the residences of
more than 50 registered voters without receiving written
permission from a majority of the registered voters at such
residences. Such written permission statements shall be
filed with the Board. The distance of 500 feet shall be
measured to the nearest part of any building used for
worship services, education programs, residential
purposes, or conducting inter-track wagering by an
inter-track wagering location licensee, and not to
property boundaries. However, inter-track wagering or
simulcast wagering may be conducted at a site within 500
feet of a church, school or residences of 50 or more
registered voters if such church, school or residences have
been erected or established, or such voters have been
registered, after the Board issues the original
inter-track wagering location license at the site in
question. Inter-track wagering location licensees may
conduct inter-track wagering and simulcast wagering only
in areas that are zoned for commercial or manufacturing
purposes or in areas for which a special use has been
approved by the local zoning authority. However, no license
to conduct inter-track wagering and simulcast wagering

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shall be granted by the Board with respect to any
inter-track wagering location within the jurisdiction of
any local zoning authority which has, by ordinance or by
resolution, prohibited the establishment of an inter-track
wagering location within its jurisdiction. However,
inter-track wagering and simulcast wagering may be
conducted at a site if such ordinance or resolution is
enacted after the Board licenses the original inter-track
wagering location licensee for the site in question.
(9) (Blank).
(10) An inter-track wagering licensee or an
inter-track wagering location licensee may retain, subject
to the payment of the privilege taxes and the purses, an
amount not to exceed 17% of all money wagered. Each program
of racing conducted by each inter-track wagering licensee
or inter-track wagering location licensee shall be
considered a separate racing day for the purpose of
determining the daily handle and computing the privilege
tax or pari-mutuel tax on such daily handle as provided in
Section 27.
(10.1) Except as provided in subsection (g) of Section
27 of this Act, inter-track wagering location licensees
shall pay 1% of the pari-mutuel handle at each location to
the municipality in which such location is situated and 1%
of the pari-mutuel handle at each location to the county in
which such location is situated. In the event that an

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inter-track wagering location licensee is situated in an
unincorporated area of a county, such licensee shall pay 2%
of the pari-mutuel handle from such location to such
county.
(10.2) Notwithstanding any other provision of this
Act, with respect to intertrack wagering at a race track
located in a county that has a population of more than
230,000 and that is bounded by the Mississippi River ("the
first race track"), or at a facility operated by an
inter-track wagering licensee or inter-track wagering
location licensee that derives its license from the
organization licensee that operates the first race track,
on races conducted at the first race track or on races
conducted at another Illinois race track and
simultaneously televised to the first race track or to a
facility operated by an inter-track wagering licensee or
inter-track wagering location licensee that derives its
license from the organization licensee that operates the
first race track, those moneys shall be allocated as
follows:
(A) That portion of all moneys wagered on
standardbred racing that is required under this Act to
be paid to purses shall be paid to purses for
standardbred races.
(B) That portion of all moneys wagered on
thoroughbred racing that is required under this Act to

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be paid to purses shall be paid to purses for
thoroughbred races.
(11) (A) After payment of the privilege or pari-mutuel
tax, any other applicable taxes, and the costs and expenses
in connection with the gathering, transmission, and
dissemination of all data necessary to the conduct of
inter-track wagering, the remainder of the monies retained
under either Section 26 or Section 26.2 of this Act by the
inter-track wagering licensee on inter-track wagering
shall be allocated with 50% to be split between the 2
participating licensees and 50% to purses, except that an
intertrack wagering licensee that derives its license from
a track located in a county with a population in excess of
230,000 and that borders the Mississippi River shall not
divide any remaining retention with the Illinois
organization licensee that provides the race or races, and
an intertrack wagering licensee that accepts wagers on
races conducted by an organization licensee that conducts a
race meet in a county with a population in excess of
230,000 and that borders the Mississippi River shall not
divide any remaining retention with that organization
licensee.
(B) From the sums permitted to be retained pursuant to
this Act each inter-track wagering location licensee shall
pay (i) the privilege or pari-mutuel tax to the State; (ii)
4.75% of the pari-mutuel handle on intertrack wagering at

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such location on races as purses, except that an intertrack
wagering location licensee that derives its license from a
track located in a county with a population in excess of
230,000 and that borders the Mississippi River shall retain
all purse moneys for its own purse account consistent with
distribution set forth in this subsection (h), and
intertrack wagering location licensees that accept wagers
on races conducted by an organization licensee located in a
county with a population in excess of 230,000 and that
borders the Mississippi River shall distribute all purse
moneys to purses at the operating host track; (iii) until
January 1, 2000, except as provided in subsection (g) of
Section 27 of this Act, 1% of the pari-mutuel handle
wagered on inter-track wagering and simulcast wagering at
each inter-track wagering location licensee facility to
the Horse Racing Tax Allocation Fund, provided that, to the
extent the total amount collected and distributed to the
Horse Racing Tax Allocation Fund under this subsection (h)
during any calendar year exceeds the amount collected and
distributed to the Horse Racing Tax Allocation Fund during
calendar year 1994, that excess amount shall be
redistributed (I) to all inter-track wagering location
licensees, based on each licensee's pro-rata share of the
total handle from inter-track wagering and simulcast
wagering for all inter-track wagering location licensees
during the calendar year in which this provision is

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applicable; then (II) the amounts redistributed to each
inter-track wagering location licensee as described in
subpart (I) shall be further redistributed as provided in
subparagraph (B) of paragraph (5) of subsection (g) of this
Section 26 provided first, that the shares of those
amounts, which are to be redistributed to the host track or
to purses at the host track under subparagraph (B) of
paragraph (5) of subsection (g) of this Section 26 shall be
redistributed based on each host track's pro rata share of
the total inter-track wagering and simulcast wagering
handle at all host tracks during the calendar year in
question, and second, that any amounts redistributed as
described in part (I) to an inter-track wagering location
licensee that accepts wagers on races conducted by an
organization licensee that conducts a race meet in a county
with a population in excess of 230,000 and that borders the
Mississippi River shall be further redistributed as
provided in subparagraphs (D) and (E) of paragraph (7) of
subsection (g) of this Section 26, with the portion of that
further redistribution allocated to purses at that
organization licensee to be divided between standardbred
purses and thoroughbred purses based on the amounts
otherwise allocated to purses at that organization
licensee during the calendar year in question; and (iv) 8%
of the pari-mutuel handle on inter-track wagering wagered
at such location to satisfy all costs and expenses of

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conducting its wagering. The remainder of the monies
retained by the inter-track wagering location licensee
shall be allocated 40% to the location licensee and 60% to
the organization licensee which provides the Illinois
races to the location, except that an intertrack wagering
location licensee that derives its license from a track
located in a county with a population in excess of 230,000
and that borders the Mississippi River shall not divide any
remaining retention with the organization licensee that
provides the race or races and an intertrack wagering
location licensee that accepts wagers on races conducted by
an organization licensee that conducts a race meet in a
county with a population in excess of 230,000 and that
borders the Mississippi River shall not divide any
remaining retention with the organization licensee.
Notwithstanding the provisions of clauses (ii) and (iv) of
this paragraph, in the case of the additional inter-track
wagering location licenses authorized under paragraph (1)
of this subsection (h) by this amendatory Act of 1991,
those licensees shall pay the following amounts as purses:
during the first 12 months the licensee is in operation,
5.25% of the pari-mutuel handle wagered at the location on
races; during the second 12 months, 5.25%; during the third
12 months, 5.75%; during the fourth 12 months, 6.25%; and
during the fifth 12 months and thereafter, 6.75%. The
following amounts shall be retained by the licensee to

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satisfy all costs and expenses of conducting its wagering:
during the first 12 months the licensee is in operation,
8.25% of the pari-mutuel handle wagered at the location;
during the second 12 months, 8.25%; during the third 12
months, 7.75%; during the fourth 12 months, 7.25%; and
during the fifth 12 months and thereafter, 6.75%. For
additional intertrack wagering location licensees
authorized under this amendatory Act of 1995, purses for
the first 12 months the licensee is in operation shall be
5.75% of the pari-mutuel wagered at the location, purses
for the second 12 months the licensee is in operation shall
be 6.25%, and purses thereafter shall be 6.75%. For
additional intertrack location licensees authorized under
this amendatory Act of 1995, the licensee shall be allowed
to retain to satisfy all costs and expenses: 7.75% of the
pari-mutuel handle wagered at the location during its first
12 months of operation, 7.25% during its second 12 months
of operation, and 6.75% thereafter.
(C) There is hereby created the Horse Racing Tax
Allocation Fund which shall remain in existence until
December 31, 1999. Moneys remaining in the Fund after
December 31, 1999 shall be paid into the General Revenue
Fund. Until January 1, 2000, all monies paid into the Horse
Racing Tax Allocation Fund pursuant to this paragraph (11)
by inter-track wagering location licensees located in park
districts of 500,000 population or less, or in a

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municipality that is not included within any park district
but is included within a conservation district and is the
county seat of a county that (i) is contiguous to the state
of Indiana and (ii) has a 1990 population of 88,257
according to the United States Bureau of the Census, and
operating on May 1, 1994 shall be allocated by
appropriation as follows:
Two-sevenths to the Department of Agriculture.
Fifty percent of this two-sevenths shall be used to
promote the Illinois horse racing and breeding
industry, and shall be distributed by the Department of
Agriculture upon the advice of a 9-member committee
appointed by the Governor consisting of the following
members: the Director of Agriculture, who shall serve
as chairman; 2 representatives of organization
licensees conducting thoroughbred race meetings in
this State, recommended by those licensees; 2
representatives of organization licensees conducting
standardbred race meetings in this State, recommended
by those licensees; a representative of the Illinois
Thoroughbred Breeders and Owners Foundation,
recommended by that Foundation; a representative of
the Illinois Standardbred Owners and Breeders
Association, recommended by that Association; a
representative of the Horsemen's Benevolent and
Protective Association or any successor organization

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thereto established in Illinois comprised of the
largest number of owners and trainers, recommended by
that Association or that successor organization; and a
representative of the Illinois Harness Horsemen's
Association, recommended by that Association.
Committee members shall serve for terms of 2 years,
commencing January 1 of each even-numbered year. If a
representative of any of the above-named entities has
not been recommended by January 1 of any even-numbered
year, the Governor shall appoint a committee member to
fill that position. Committee members shall receive no
compensation for their services as members but shall be
reimbursed for all actual and necessary expenses and
disbursements incurred in the performance of their
official duties. The remaining 50% of this
two-sevenths shall be distributed to county fairs for
premiums and rehabilitation as set forth in the
Agricultural Fair Act;
Four-sevenths to park districts or municipalities
that do not have a park district of 500,000 population
or less for museum purposes (if an inter-track wagering
location licensee is located in such a park district)
or to conservation districts for museum purposes (if an
inter-track wagering location licensee is located in a
municipality that is not included within any park
district but is included within a conservation

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district and is the county seat of a county that (i) is
contiguous to the state of Indiana and (ii) has a 1990
population of 88,257 according to the United States
Bureau of the Census, except that if the conservation
district does not maintain a museum, the monies shall
be allocated equally between the county and the
municipality in which the inter-track wagering
location licensee is located for general purposes) or
to a municipal recreation board for park purposes (if
an inter-track wagering location licensee is located
in a municipality that is not included within any park
district and park maintenance is the function of the
municipal recreation board and the municipality has a
1990 population of 9,302 according to the United States
Bureau of the Census); provided that the monies are
distributed to each park district or conservation
district or municipality that does not have a park
district in an amount equal to four-sevenths of the
amount collected by each inter-track wagering location
licensee within the park district or conservation
district or municipality for the Fund. Monies that were
paid into the Horse Racing Tax Allocation Fund before
the effective date of this amendatory Act of 1991 by an
inter-track wagering location licensee located in a
municipality that is not included within any park
district but is included within a conservation

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district as provided in this paragraph shall, as soon
as practicable after the effective date of this
amendatory Act of 1991, be allocated and paid to that
conservation district as provided in this paragraph.
Any park district or municipality not maintaining a
museum may deposit the monies in the corporate fund of
the park district or municipality where the
inter-track wagering location is located, to be used
for general purposes; and
One-seventh to the Agricultural Premium Fund to be
used for distribution to agricultural home economics
extension councils in accordance with "An Act in
relation to additional support and finances for the
Agricultural and Home Economic Extension Councils in
the several counties of this State and making an
appropriation therefor", approved July 24, 1967.
Until January 1, 2000, all other monies paid into the
Horse Racing Tax Allocation Fund pursuant to this paragraph
(11) shall be allocated by appropriation as follows:
Two-sevenths to the Department of Agriculture.
Fifty percent of this two-sevenths shall be used to
promote the Illinois horse racing and breeding
industry, and shall be distributed by the Department of
Agriculture upon the advice of a 9-member committee
appointed by the Governor consisting of the following
members: the Director of Agriculture, who shall serve

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as chairman; 2 representatives of organization
licensees conducting thoroughbred race meetings in
this State, recommended by those licensees; 2
representatives of organization licensees conducting
standardbred race meetings in this State, recommended
by those licensees; a representative of the Illinois
Thoroughbred Breeders and Owners Foundation,
recommended by that Foundation; a representative of
the Illinois Standardbred Owners and Breeders
Association, recommended by that Association; a
representative of the Horsemen's Benevolent and
Protective Association or any successor organization
thereto established in Illinois comprised of the
largest number of owners and trainers, recommended by
that Association or that successor organization; and a
representative of the Illinois Harness Horsemen's
Association, recommended by that Association.
Committee members shall serve for terms of 2 years,
commencing January 1 of each even-numbered year. If a
representative of any of the above-named entities has
not been recommended by January 1 of any even-numbered
year, the Governor shall appoint a committee member to
fill that position. Committee members shall receive no
compensation for their services as members but shall be
reimbursed for all actual and necessary expenses and
disbursements incurred in the performance of their

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official duties. The remaining 50% of this
two-sevenths shall be distributed to county fairs for
premiums and rehabilitation as set forth in the
Agricultural Fair Act;
Four-sevenths to museums and aquariums located in
park districts of over 500,000 population; provided
that the monies are distributed in accordance with the
previous year's distribution of the maintenance tax
for such museums and aquariums as provided in Section 2
of the Park District Aquarium and Museum Act; and
One-seventh to the Agricultural Premium Fund to be
used for distribution to agricultural home economics
extension councils in accordance with "An Act in
relation to additional support and finances for the
Agricultural and Home Economic Extension Councils in
the several counties of this State and making an
appropriation therefor", approved July 24, 1967. This
subparagraph (C) shall be inoperative and of no force
and effect on and after January 1, 2000.
(D) Except as provided in paragraph (11) of this
subsection (h), with respect to purse allocation from
intertrack wagering, the monies so retained shall be
divided as follows:
(i) If the inter-track wagering licensee,
except an intertrack wagering licensee that
derives its license from an organization licensee

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located in a county with a population in excess of
230,000 and bounded by the Mississippi River, is
not conducting its own race meeting during the same
dates, then the entire purse allocation shall be to
purses at the track where the races wagered on are
being conducted.
(ii) If the inter-track wagering licensee,
except an intertrack wagering licensee that
derives its license from an organization licensee
located in a county with a population in excess of
230,000 and bounded by the Mississippi River, is
also conducting its own race meeting during the
same dates, then the purse allocation shall be as
follows: 50% to purses at the track where the races
wagered on are being conducted; 50% to purses at
the track where the inter-track wagering licensee
is accepting such wagers.
(iii) If the inter-track wagering is being
conducted by an inter-track wagering location
licensee, except an intertrack wagering location
licensee that derives its license from an
organization licensee located in a county with a
population in excess of 230,000 and bounded by the
Mississippi River, the entire purse allocation for
Illinois races shall be to purses at the track
where the race meeting being wagered on is being

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held.
(12) The Board shall have all powers necessary and
proper to fully supervise and control the conduct of
inter-track wagering and simulcast wagering by inter-track
wagering licensees and inter-track wagering location
licensees, including, but not limited to the following:
(A) The Board is vested with power to promulgate
reasonable rules and regulations for the purpose of
administering the conduct of this wagering and to
prescribe reasonable rules, regulations and conditions
under which such wagering shall be held and conducted.
Such rules and regulations are to provide for the
prevention of practices detrimental to the public
interest and for the best interests of said wagering
and to impose penalties for violations thereof.
(B) The Board, and any person or persons to whom it
delegates this power, is vested with the power to enter
the facilities of any licensee to determine whether
there has been compliance with the provisions of this
Act and the rules and regulations relating to the
conduct of such wagering.
(C) The Board, and any person or persons to whom it
delegates this power, may eject or exclude from any
licensee's facilities, any person whose conduct or
reputation is such that his presence on such premises
may, in the opinion of the Board, call into the

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question the honesty and integrity of, or interfere
with the orderly conduct of such wagering; provided,
however, that no person shall be excluded or ejected
from such premises solely on the grounds of race,
color, creed, national origin, ancestry, or sex.
(D) (Blank).
(E) The Board is vested with the power to appoint
delegates to execute any of the powers granted to it
under this Section for the purpose of administering
this wagering and any rules and regulations
promulgated in accordance with this Act.
(F) The Board shall name and appoint a State
director of this wagering who shall be a representative
of the Board and whose duty it shall be to supervise
the conduct of inter-track wagering as may be provided
for by the rules and regulations of the Board; such
rules and regulation shall specify the method of
appointment and the Director's powers, authority and
duties.
(G) The Board is vested with the power to impose
civil penalties of up to $5,000 against individuals and
up to $10,000 against licensees for each violation of
any provision of this Act relating to the conduct of
this wagering, any rules adopted by the Board, any
order of the Board or any other action which in the
Board's discretion, is a detriment or impediment to

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such wagering.
(13) The Department of Agriculture may enter into
agreements with licensees authorizing such licensees to
conduct inter-track wagering on races to be held at the
licensed race meetings conducted by the Department of
Agriculture. Such agreement shall specify the races of the
Department of Agriculture's licensed race meeting upon
which the licensees will conduct wagering. In the event
that a licensee conducts inter-track pari-mutuel wagering
on races from the Illinois State Fair or DuQuoin State Fair
which are in addition to the licensee's previously approved
racing program, those races shall be considered a separate
racing day for the purpose of determining the daily handle
and computing the privilege or pari-mutuel tax on that
daily handle as provided in Sections 27 and 27.1. Such
agreements shall be approved by the Board before such
wagering may be conducted. In determining whether to grant
approval, the Board shall give due consideration to the
best interests of the public and of horse racing. The
provisions of paragraphs (1), (8), (8.1), and (8.2) of
subsection (h) of this Section which are not specified in
this paragraph (13) shall not apply to licensed race
meetings conducted by the Department of Agriculture at the
Illinois State Fair in Sangamon County or the DuQuoin State
Fair in Perry County, or to any wagering conducted on those
race meetings.

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(i) Notwithstanding the other provisions of this Act, the
conduct of wagering at wagering facilities is authorized on all
days, except as limited by subsection (b) of Section 19 of this
Act.
(Source: P.A. 96-762, eff. 8-25-09.)
(230 ILCS 5/27) (from Ch. 8, par. 37-27)
Sec. 27. (a) In addition to the organization license fee
provided by this Act, until January 1, 2000, a graduated
privilege tax is hereby imposed for conducting the pari-mutuel
system of wagering permitted under this Act. Until January 1,
2000, except as provided in subsection (g) of Section 27 of
this Act, all of the breakage of each racing day held by any
licensee in the State shall be paid to the State. Until January
1, 2000, such daily graduated privilege tax shall be paid by
the licensee from the amount permitted to be retained under
this Act. Until January 1, 2000, each day's graduated privilege
tax, breakage, and Horse Racing Tax Allocation funds shall be
remitted to the Department of Revenue within 48 hours after the
close of the racing day upon which it is assessed or within
such other time as the Board prescribes. The privilege tax
hereby imposed, until January 1, 2000, shall be a flat tax at
the rate of 2% of the daily pari-mutuel handle except as
provided in Section 27.1.
In addition, every organization licensee, except as
provided in Section 27.1 of this Act, which conducts multiple

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wagering shall pay, until January 1, 2000, as a privilege tax
on multiple wagers an amount equal to 1.25% of all moneys
wagered each day on such multiple wagers, plus an additional
amount equal to 3.5% of the amount wagered each day on any
other multiple wager which involves a single betting interest
on 3 or more horses. The licensee shall remit the amount of
such taxes to the Department of Revenue within 48 hours after
the close of the racing day on which it is assessed or within
such other time as the Board prescribes.
This subsection (a) shall be inoperative and of no force
and effect on and after January 1, 2000.
(a-5) Beginning on January 1, 2000, a flat pari-mutuel tax
at the rate of 1.5% of the daily pari-mutuel handle is imposed
at all pari-mutuel wagering facilities and on advance deposit
wagering from a location other than a wagering facility, except
as otherwise provided for in this subsection (a-5). In addition
to the pari-mutuel tax imposed on advance deposit wagering
pursuant to this subsection (a-5), an additional pari-mutuel
tax at the rate of 0.25% shall be imposed on advance deposit
wagering, the amount of which shall not exceed $250,000 in each
calendar year. The additional 0.25% pari-mutuel tax imposed on
advance deposit wagering by this amendatory Act of the 96th
General Assembly shall be deposited into the Quarter Horse
Purse Fund, which shall be created as a non-appropriated trust
fund administered by the Board for grants to thoroughbred
organization licensees for payment of purses for quarter horse

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races conducted by the organization licensee. Thoroughbred
organization licensees may petition the Board to conduct
quarter horse racing and receive purse grants from the Quarter
Horse Purse Fund. The Board shall have complete discretion in
distributing the Quarter Horse Purse Fund to the petitioning
organization licensees. Beginning on the effective date of this
amendatory Act of the 96th General Assembly and until moneys
deposited pursuant to Section 54 are distributed and received,
a pari-mutuel tax at the rate of 0.75% of the daily pari-mutuel
handle is imposed at a pari-mutuel facility whose license is
derived from a track located in a county that borders the
Mississippi River and conducted live racing in the previous
year. After moneys deposited pursuant to Section 54 are
distributed and received, a pari-mutuel tax at the rate of 1.5%
of the daily pari-mutuel handle is imposed at a pari-mutuel
facility whose license is derived from a track located in a
county that borders the Mississippi River and conducted live
racing in the previous year. The pari-mutuel tax imposed by
this subsection (a-5) shall be remitted to the Department of
Revenue within 48 hours after the close of the racing day upon
which it is assessed or within such other time as the Board
prescribes.
(a-10) Beginning on the date when an organization licensee
begins receiving funds from the Horse Racing Impact Fee Fund,
the following pari-mutuel tax is imposed upon an organization
licensee on Illinois races at the licensee's race track:

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1.5% of the pari-mutuel handle at or below the average
daily pari-mutuel handle for 2011.
2% of the pari-mutuel handle above the average daily
pari-mutuel handle for 2011 up to 125% of the average daily
pari-mutuel handle for 2011.
2.5% of the pari-mutuel handle 125% or more above the
average daily pari-mutuel handle for 2011 up to 150% of the
average daily pari-mutuel handle for 2011.
3% of the pari-mutuel handle 150% or more above the
average daily pari-mutuel handle for 2011 up to 175% of the
average daily pari-mutuel handle for 2011.
3.5% of the pari-mutuel handle 175% or more above the
average daily pari-mutuel handle for 2011.
The pari-mutuel tax imposed by this subsection (a-10) shall
be remitted to the Board within 48 hours after the close of the
racing day upon which it is assessed or within such other time
as the Board prescribes.
(b) On or before December 31, 1999, in the event that any
organization licensee conducts 2 separate programs of races on
any day, each such program shall be considered a separate
racing day for purposes of determining the daily handle and
computing the privilege tax on such daily handle as provided in
subsection (a) of this Section.
(c) Licensees shall at all times keep accurate books and
records of all monies wagered on each day of a race meeting and
of the taxes paid to the Department of Revenue under the

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provisions of this Section. The Board or its duly authorized
representative or representatives shall at all reasonable
times have access to such records for the purpose of examining
and checking the same and ascertaining whether the proper
amount of taxes is being paid as provided. The Board shall
require verified reports and a statement of the total of all
monies wagered daily at each wagering facility upon which the
taxes are assessed and may prescribe forms upon which such
reports and statement shall be made.
(d) Any licensee failing or refusing to pay the amount of
any tax due under this Section shall be guilty of a business
offense and upon conviction shall be fined not more than $5,000
in addition to the amount found due as tax under this Section.
Each day's violation shall constitute a separate offense. All
fines paid into Court by a licensee hereunder shall be
transmitted and paid over by the Clerk of the Court to the
Board.
(e) No other license fee, privilege tax, excise tax, or
racing fee, except as provided in this Act, shall be assessed
or collected from any such licensee by the State.
(f) No other license fee, privilege tax, excise tax or
racing fee shall be assessed or collected from any such
licensee by units of local government except as provided in
paragraph 10.1 of subsection (h) and subsection (f) of Section
26 of this Act. However, any municipality that has a Board
licensed horse race meeting at a race track wholly within its

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corporate boundaries or a township that has a Board licensed
horse race meeting at a race track wholly within the
unincorporated area of the township may charge a local
amusement tax not to exceed 10¢ per admission to such horse
race meeting by the enactment of an ordinance. However, any
municipality or county that has a Board licensed inter-track
wagering location facility wholly within its corporate
boundaries may each impose an admission fee not to exceed $1.00
per admission to such inter-track wagering location facility,
so that a total of not more than $2.00 per admission may be
imposed. Except as provided in subparagraph (g) of Section 27
of this Act, the inter-track wagering location licensee shall
collect any and all such fees and within 48 hours remit the
fees to the Board, which shall, pursuant to rule, cause the
fees to be distributed to the county or municipality.
(g) Notwithstanding any provision in this Act to the
contrary, if in any calendar year the total taxes and fees from
wagering on live racing and from inter-track wagering required
to be collected from licensees and distributed under this Act
to all State and local governmental authorities exceeds the
amount of such taxes and fees distributed to each State and
local governmental authority to which each State and local
governmental authority was entitled under this Act for calendar
year 1994, then the first $11 million of that excess amount
shall be allocated at the earliest possible date for
distribution as purse money for the succeeding calendar year.

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Upon reaching the 1994 level, and until the excess amount of
taxes and fees exceeds $11 million, the Board shall direct all
licensees to cease paying the subject taxes and fees and the
Board shall direct all licensees to allocate any such excess
amount for purses as follows:
(i) the excess amount shall be initially divided
between thoroughbred and standardbred purses based on the
thoroughbred's and standardbred's respective percentages
of total Illinois live wagering in calendar year 1994;
(ii) each thoroughbred and standardbred organization
licensee issued an organization licensee in that
succeeding allocation year shall be allocated an amount
equal to the product of its percentage of total Illinois
live thoroughbred or standardbred wagering in calendar
year 1994 (the total to be determined based on the sum of
1994 on-track wagering for all organization licensees
issued organization licenses in both the allocation year
and the preceding year) multiplied by the total amount
allocated for standardbred or thoroughbred purses,
provided that the first $1,500,000 of the amount allocated
to standardbred purses under item (i) shall be allocated to
the Department of Agriculture to be expended with the
assistance and advice of the Illinois Standardbred
Breeders Funds Advisory Board for the purposes listed in
subsection (g) of Section 31 of this Act, before the amount
allocated to standardbred purses under item (i) is

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allocated to standardbred organization licensees in the
succeeding allocation year.
To the extent the excess amount of taxes and fees to be
collected and distributed to State and local governmental
authorities exceeds $11 million, that excess amount shall be
collected and distributed to State and local authorities as
provided for under this Act.
(Source: P.A. 96-762, eff. 8-25-09; 96-1287, eff. 7-26-10.)
(230 ILCS 5/28) (from Ch. 8, par. 37-28)
Sec. 28. Except as provided in subsection (g) of Section 27
of this Act, moneys collected shall be distributed according to
the provisions of this Section 28.
(a) Thirty per cent of the total of all monies received by
the State as privilege taxes shall be paid into the
Metropolitan Exposition Auditorium and Office Building Fund in
the State Treasury.
(b) In addition, 4.5% of the total of all monies received
by the State as privilege taxes shall be paid into the State
treasury into a special Fund to be known as the Metropolitan
Exposition, Auditorium, and Office Building Fund.
(c) Fifty per cent of the total of all monies received by
the State as privilege taxes under the provisions of this Act
shall be paid into the Agricultural Premium Fund.
(d) Seven per cent of the total of all monies received by
the State as privilege taxes shall be paid into the Fair and

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Exposition Fund in the State treasury; provided, however, that
when all bonds issued prior to July 1, 1984 by the Metropolitan
Fair and Exposition Authority shall have been paid or payment
shall have been provided for upon a refunding of those bonds,
thereafter 1/12 of $1,665,662 of such monies shall be paid each
month into the Build Illinois Fund, and the remainder into the
Fair and Exposition Fund. All excess monies shall be allocated
to the Department of Agriculture for distribution to county
fairs for premiums and rehabilitation as set forth in the
Agricultural Fair Act.
(e) The monies provided for in Section 30 shall be paid
into the Illinois Thoroughbred Breeders Fund.
(f) The monies provided for in Section 31 shall be paid
into the Illinois Standardbred Breeders Fund.
(g) Until January 1, 2000, that part representing 1/2 of
the total breakage in Thoroughbred, Harness, Appaloosa,
Arabian, and Quarter Horse racing in the State shall be paid
into the Illinois Race Track Improvement Fund as established in
Section 32.
(h) All other monies received by the Board under this Act
shall be paid into the Horse Racing Fund General Revenue Fund
of the State.
(i) The salaries of the Board members, secretary, stewards,
directors of mutuels, veterinarians, representatives,
accountants, clerks, stenographers, inspectors and other
employees of the Board, and all expenses of the Board incident

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to the administration of this Act, including, but not limited
to, all expenses and salaries incident to the taking of saliva
and urine samples in accordance with the rules and regulations
of the Board shall be paid out of the Agricultural Premium
Fund.
(j) The Agricultural Premium Fund shall also be used:
(1) for the expenses of operating the Illinois State
Fair and the DuQuoin State Fair, including the payment of
prize money or premiums;
(2) for the distribution to county fairs, vocational
agriculture section fairs, agricultural societies, and
agricultural extension clubs in accordance with the
Agricultural Fair Act, as amended;
(3) for payment of prize monies and premiums awarded
and for expenses incurred in connection with the
International Livestock Exposition and the Mid-Continent
Livestock Exposition held in Illinois, which premiums, and
awards must be approved, and paid by the Illinois
Department of Agriculture;
(4) for personal service of county agricultural
advisors and county home advisors;
(5) for distribution to agricultural home economic
extension councils in accordance with "An Act in relation
to additional support and finance for the Agricultural and
Home Economic Extension Councils in the several counties in
this State and making an appropriation therefor", approved

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July 24, 1967, as amended;
(6) for research on equine disease, including a
development center therefor;
(7) for training scholarships for study on equine
diseases to students at the University of Illinois College
of Veterinary Medicine;
(8) for the rehabilitation, repair and maintenance of
the Illinois and DuQuoin State Fair Grounds and the
structures and facilities thereon and the construction of
permanent improvements on such Fair Grounds, including
such structures, facilities and property located on such
State Fair Grounds which are under the custody and control
of the Department of Agriculture;
(9) for the expenses of the Department of Agriculture
under Section 5-530 of the Departments of State Government
Law (20 ILCS 5/5-530);
(10) for the expenses of the Department of Commerce and
Economic Opportunity under Sections 605-620, 605-625, and
605-630 of the Department of Commerce and Economic
Opportunity Law (20 ILCS 605/605-620, 605/605-625, and
605/605-630);
(11) for remodeling, expanding, and reconstructing
facilities destroyed by fire of any Fair and Exposition
Authority in counties with a population of 1,000,000 or
more inhabitants;
(12) for the purpose of assisting in the care and

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general rehabilitation of disabled veterans of any war and
their surviving spouses and orphans;
(13) for expenses of the Department of State Police for
duties performed under this Act;
(14) for the Department of Agriculture for soil surveys
and soil and water conservation purposes;
(15) for the Department of Agriculture for grants to
the City of Chicago for conducting the Chicagofest;
(16) for the State Comptroller for grants and operating
expenses authorized by the Illinois Global Partnership
Act.
(k) To the extent that monies paid by the Board to the
Agricultural Premium Fund are in the opinion of the Governor in
excess of the amount necessary for the purposes herein stated,
the Governor shall notify the Comptroller and the State
Treasurer of such fact, who, upon receipt of such notification,
shall transfer such excess monies from the Agricultural Premium
Fund to the General Revenue Fund.
(Source: P.A. 94-91, Sections 55-135 and 90-10, eff. 7-1-05.)
(230 ILCS 5/28.1)
Sec. 28.1. Payments.
(a) Beginning on January 1, 2000, moneys collected by the
Department of Revenue and the Racing Board pursuant to Section
26 or Section 27 of this Act shall be deposited into the Horse
Racing Fund, which is hereby created as a special fund in the

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State Treasury.
(b) Appropriations, as approved by the General Assembly,
may be made from the Horse Racing Fund to the Board to pay the
salaries of the Board members, secretary, stewards, directors
of mutuels, veterinarians, representatives, accountants,
clerks, stenographers, inspectors and other employees of the
Board, and all expenses of the Board incident to the
administration of this Act, including, but not limited to, all
expenses and salaries incident to the taking of saliva and
urine samples in accordance with the rules and regulations of
the Board.
(c) Beginning on January 1, 2000, the Board shall transfer
the remainder of the funds generated pursuant to Sections 26
and 27 from the Horse Racing Fund into the General Revenue
Fund.
In the event that in any fiscal year, the amount of total
funds in the Horse Racing Fund is insufficient to meet the
annual operating expenses of the Board, as appropriated by the
General Assembly for that fiscal year, the Board shall invoice
the organization licensees for the amount of the deficit. The
amount of the invoice shall be allocated in a proportionate
amount of pari-mutuel wagering handled by the organization
licensee in the year preceding assessment and divided by the
total pari-mutuel wagering handled by all Illinois
organization licensees. The payments shall be made 50% from the
organization licensee's account and 50% from the organization

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licensee's purse account.
(d) Beginning January 1, 2000, payments to all programs in
existence on the effective date of this amendatory Act of 1999
that are identified in Sections 26(c), 26(f), 26(h)(11)(C), and
28, subsections (a), (b), (c), (d), (e), (f), (g), and (h) of
Section 30, and subsections (a), (b), (c), (d), (e), (f), (g),
and (h) of Section 31 shall be made from the General Revenue
Fund at the funding levels determined by amounts paid under
this Act in calendar year 1998. Beginning on the effective date
of this amendatory Act of the 93rd General Assembly, payments
to the Peoria Park District shall be made from the General
Revenue Fund at the funding level determined by amounts paid to
that park district for museum purposes under this Act in
calendar year 1994.
If an inter-track wagering location licensee's facility
changes its location, then the payments associated with that
facility under this subsection (d) for museum purposes shall be
paid to the park district in the area where the facility
relocates, and the payments shall be used for museum purposes.
If the facility does not relocate to a park district, then the
payments shall be paid to the taxing district that is
responsible for park or museum expenditures.
(e) Beginning July 1, 2006, the payment authorized under
subsection (d) to museums and aquariums located in park
districts of over 500,000 population shall be paid to museums,
aquariums, and zoos in amounts determined by Museums in the

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Park, an association of museums, aquariums, and zoos located on
Chicago Park District property.
(f) Beginning July 1, 2007, the Children's Discovery Museum
in Normal, Illinois shall receive payments from the General
Revenue Fund at the funding level determined by the amounts
paid to the Miller Park Zoo in Bloomington, Illinois under this
Section in calendar year 2006.
(Source: P.A. 95-222, eff. 8-16-07; 96-562, eff. 8-18-09.)
(230 ILCS 5/30) (from Ch. 8, par. 37-30)
Sec. 30. (a) The General Assembly declares that it is the
policy of this State to encourage the breeding of thoroughbred
horses in this State and the ownership of such horses by
residents of this State in order to provide for: sufficient
numbers of high quality thoroughbred horses to participate in
thoroughbred racing meetings in this State, and to establish
and preserve the agricultural and commercial benefits of such
breeding and racing industries to the State of Illinois. It is
the intent of the General Assembly to further this policy by
the provisions of this Act.
(b) Each organization licensee conducting a thoroughbred
racing meeting pursuant to this Act shall provide at least two
races each day limited to Illinois conceived and foaled horses
or Illinois foaled horses or both. A minimum of 6 races shall
be conducted each week limited to Illinois conceived and foaled
or Illinois foaled horses or both. No horses shall be permitted

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to start in such races unless duly registered under the rules
of the Department of Agriculture.
(c) Conditions of races under subsection (b) shall be
commensurate with past performance, quality, and class of
Illinois conceived and foaled and Illinois foaled horses
available. If, however, sufficient competition cannot be had
among horses of that class on any day, the races may, with
consent of the Board, be eliminated for that day and substitute
races provided.
(d) There is hereby created a special fund of the State
Treasury to be known as the Illinois Thoroughbred Breeders
Fund.
Beginning on the effective date of this amendatory Act of
the 97th General Assembly, the Illinois Thoroughbred Breeders
Fund shall become a non-appropriated trust fund held separately
from State moneys. Expenditures from this Fund shall no longer
be subject to appropriation.
Except as provided in subsection (g) of Section 27 of this
Act, 8.5% of all the monies received by the State as privilege
taxes on Thoroughbred racing meetings shall be paid into the
Illinois Thoroughbred Breeders Fund.
Notwithstanding any provision of law to the contrary,
amounts deposited into the Illinois Thoroughbred Breeders Fund
from revenues received from the Horse Racing Impact Fee Fund
after the effective date of this amendatory Act of the 97th
General Assembly shall be in addition to tax and fee amounts

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paid under this Section for calendar year 2011 and thereafter.
(e) The Illinois Thoroughbred Breeders Fund shall be
administered by the Department of Agriculture with the advice
and assistance of the Advisory Board created in subsection (f)
of this Section.
(f) The Illinois Thoroughbred Breeders Fund Advisory Board
shall consist of the Director of the Department of Agriculture,
who shall serve as Chairman; a member of the Illinois Racing
Board, designated by it; 2 representatives of the organization
licensees conducting thoroughbred racing meetings, recommended
by them; 2 representatives of the Illinois Thoroughbred
Breeders and Owners Foundation, recommended by it; one
representative and 2 representatives of the Horsemen's
Benevolent Protective Association; and one representative from
the Illinois Thoroughbred Horsemen's Association or any
successor organization established in Illinois comprised of
the largest number of owners and trainers, recommended by it,
with one representative of the Horsemen's Benevolent and
Protective Association to come from its Illinois Division, and
one from its Chicago Division. Advisory Board members shall
serve for 2 years commencing January 1 of each odd numbered
year. If representatives of the organization licensees
conducting thoroughbred racing meetings, the Illinois
Thoroughbred Breeders and Owners Foundation, and the
Horsemen's Benevolent Protection Association, and the Illinois
Thoroughbred Horsemen's Association have not been recommended

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by January 1, of each odd numbered year, the Director of the
Department of Agriculture shall make an appointment for the
organization failing to so recommend a member of the Advisory
Board. Advisory Board members shall receive no compensation for
their services as members but shall be reimbursed for all
actual and necessary expenses and disbursements incurred in the
execution of their official duties.
(g) No monies shall be expended from the Illinois
Thoroughbred Breeders Fund except as appropriated by the
General Assembly. Monies expended appropriated from the
Illinois Thoroughbred Breeders Fund shall be expended by the
Department of Agriculture, with the advice and assistance of
the Illinois Thoroughbred Breeders Fund Advisory Board, for the
following purposes only:
(1) To provide purse supplements to owners of horses
participating in races limited to Illinois conceived and
foaled and Illinois foaled horses. Any such purse
supplements shall not be included in and shall be paid in
addition to any purses, stakes, or breeders' awards offered
by each organization licensee as determined by agreement
between such organization licensee and an organization
representing the horsemen. No monies from the Illinois
Thoroughbred Breeders Fund shall be used to provide purse
supplements for claiming races in which the minimum
claiming price is less than $7,500.
(2) To provide stakes and awards to be paid to the

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owners of the winning horses in certain races limited to
Illinois conceived and foaled and Illinois foaled horses
designated as stakes races.
(2.5) To provide an award to the owner or owners of an
Illinois conceived and foaled or Illinois foaled horse that
wins a maiden special weight, an allowance, overnight
handicap race, or claiming race with claiming price of
$10,000 or more providing the race is not restricted to
Illinois conceived and foaled or Illinois foaled horses.
Awards shall also be provided to the owner or owners of
Illinois conceived and foaled and Illinois foaled horses
that place second or third in those races. To the extent
that additional moneys are required to pay the minimum
additional awards of 40% of the purse the horse earns for
placing first, second or third in those races for Illinois
foaled horses and of 60% of the purse the horse earns for
placing first, second or third in those races for Illinois
conceived and foaled horses, those moneys shall be provided
from the purse account at the track where earned.
(3) To provide stallion awards to the owner or owners
of any stallion that is duly registered with the Illinois
Thoroughbred Breeders Fund Program prior to the effective
date of this amendatory Act of 1995 whose duly registered
Illinois conceived and foaled offspring wins a race
conducted at an Illinois thoroughbred racing meeting other
than a claiming race, provided that the stallion stood for

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service within Illinois at the time the offspring was
conceived and that the stallion did not stand for service
outside of Illinois at any time during the year in which
the offspring was conceived. Such award shall not be paid
to the owner or owners of an Illinois stallion that served
outside this State at any time during the calendar year in
which such race was conducted.
(4) To provide $75,000 annually for purses to be
distributed to county fairs that provide for the running of
races during each county fair exclusively for the
thoroughbreds conceived and foaled in Illinois. The
conditions of the races shall be developed by the county
fair association and reviewed by the Department with the
advice and assistance of the Illinois Thoroughbred
Breeders Fund Advisory Board. There shall be no wagering of
any kind on the running of Illinois conceived and foaled
races at county fairs.
(4.1) To provide purse money for an Illinois stallion
stakes program.
(5) No less than 90% 80% of all monies appropriated
from the Illinois Thoroughbred Breeders Fund shall be
expended for the purposes in (1), (2), (2.5), (3), (4),
(4.1), and (5) as shown above.
(6) To provide for educational programs regarding the
thoroughbred breeding industry.
(7) To provide for research programs concerning the

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health, development and care of the thoroughbred horse.
(8) To provide for a scholarship and training program
for students of equine veterinary medicine.
(9) To provide for dissemination of public information
designed to promote the breeding of thoroughbred horses in
Illinois.
(10) To provide for all expenses incurred in the
administration of the Illinois Thoroughbred Breeders Fund.
(h) The Illinois Thoroughbred Breeders Fund is not subject
to administrative charges or chargebacks, including, but not
limited to, those authorized under Section 8h of the State
Finance Act. Whenever the Governor finds that the amount in the
Illinois Thoroughbred Breeders Fund is more than the total of
the outstanding appropriations from such fund, the Governor
shall notify the State Comptroller and the State Treasurer of
such fact. The Comptroller and the State Treasurer, upon
receipt of such notification, shall transfer such excess amount
from the Illinois Thoroughbred Breeders Fund to the General
Revenue Fund.
(i) A sum equal to 13% 12 1/2% of the first prize money of
every purse won by an Illinois foaled or an Illinois conceived
and foaled horse in races not limited to Illinois foaled horses
or Illinois conceived and foaled horses, or both, shall be paid
by the organization licensee conducting the horse race meeting.
Such sum shall be paid 50% from the organization licensee's
account and 50% from the purse account of the licensee share of

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the money wagered as follows: 11 1/2% to the breeder of the
winning horse and 1 1/2% 1% to the organization representing
thoroughbred breeders and owners whose representative serves
on the Illinois Thoroughbred Breeders Fund Advisory Board for
verifying the amounts of breeders' awards earned, assuring
their distribution in accordance with this Act, and servicing
and promoting the Illinois thoroughbred horse racing industry.
The organization representing thoroughbred breeders and owners
shall cause all expenditures of monies received under this
subsection (i) to be audited at least annually by a registered
public accountant. The organization shall file copies of each
annual audit with the Racing Board, the Clerk of the House of
Representatives and the Secretary of the Senate, and shall make
copies of each annual audit available to the public upon
request and upon payment of the reasonable cost of photocopying
the requested number of copies. Such payments shall not reduce
any award to the owner of the horse or reduce the taxes payable
under this Act. Upon completion of its racing meet, each
organization licensee shall deliver to the organization
representing thoroughbred breeders and owners whose
representative serves on the Illinois Thoroughbred Breeders
Fund Advisory Board a listing of all the Illinois foaled and
the Illinois conceived and foaled horses which won breeders'
awards and the amount of such breeders' awards under this
subsection to verify accuracy of payments and assure proper
distribution of breeders' awards in accordance with the

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provisions of this Act. Such payments shall be delivered by the
organization licensee within 30 days of the end of each race
meeting.
(j) A sum equal to 13% 12 1/2% of the first prize money won
in each race limited to Illinois foaled horses or Illinois
conceived and foaled horses, or both, shall be paid in the
following manner by the organization licensee conducting the
horse race meeting, 50% from the organization licensee's
account and 50% from the purse account of the licensee share of
the money wagered: 11 1/2% to the breeders of the horses in
each such race which are the official first, second, third and
fourth finishers and 1 1/2% 1% to the organization representing
thoroughbred breeders and owners whose representative serves
on the Illinois Thoroughbred Breeders Fund Advisory Board for
verifying the amounts of breeders' awards earned, assuring
their proper distribution in accordance with this Act, and
servicing and promoting the Illinois thoroughbred horse racing
industry. The organization representing thoroughbred breeders
and owners shall cause all expenditures of monies received
under this subsection (j) to be audited at least annually by a
registered public accountant. The organization shall file
copies of each annual audit with the Racing Board, the Clerk of
the House of Representatives and the Secretary of the Senate,
and shall make copies of each annual audit available to the
public upon request and upon payment of the reasonable cost of
photocopying the requested number of copies.

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The 11 1/2% paid to the breeders in accordance with this
subsection shall be distributed as follows:
(1) 60% of such sum shall be paid to the breeder of the
horse which finishes in the official first position;
(2) 20% of such sum shall be paid to the breeder of the
horse which finishes in the official second position;
(3) 15% of such sum shall be paid to the breeder of the
horse which finishes in the official third position; and
(4) 5% of such sum shall be paid to the breeder of the
horse which finishes in the official fourth position.
Such payments shall not reduce any award to the owners of a
horse or reduce the taxes payable under this Act. Upon
completion of its racing meet, each organization licensee shall
deliver to the organization representing thoroughbred breeders
and owners whose representative serves on the Illinois
Thoroughbred Breeders Fund Advisory Board a listing of all the
Illinois foaled and the Illinois conceived and foaled horses
which won breeders' awards and the amount of such breeders'
awards in accordance with the provisions of this Act. Such
payments shall be delivered by the organization licensee within
30 days of the end of each race meeting.
(k) The term "breeder", as used herein, means the owner of
the mare at the time the foal is dropped. An "Illinois foaled
horse" is a foal dropped by a mare which enters this State on
or before December 1, in the year in which the horse is bred,
provided the mare remains continuously in this State until its

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foal is born. An "Illinois foaled horse" also means a foal born
of a mare in the same year as the mare enters this State on or
before March 1, and remains in this State at least 30 days
after foaling, is bred back during the season of the foaling to
an Illinois Registered Stallion (unless a veterinarian
certifies that the mare should not be bred for health reasons),
and is not bred to a stallion standing in any other state
during the season of foaling. An "Illinois foaled horse" also
means a foal born in Illinois of a mare purchased at public
auction subsequent to the mare entering this State on or before
March 1 prior to February 1 of the foaling year providing the
mare is owned solely by one or more Illinois residents or an
Illinois entity that is entirely owned by one or more Illinois
residents.
(l) The Department of Agriculture shall, by rule, with the
advice and assistance of the Illinois Thoroughbred Breeders
Fund Advisory Board:
(1) Qualify stallions for Illinois breeding; such
stallions to stand for service within the State of Illinois
at the time of a foal's conception. Such stallion must not
stand for service at any place outside the State of
Illinois during the calendar year in which the foal is
conceived. The Department of Agriculture may assess and
collect an application fee of up to $500 fees for the
registration of Illinois-eligible stallions. All fees
collected are to be held in trust accounts for the purposes

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set forth in this Act and in accordance with Section 205-15
of the Department of Agriculture Law paid into the Illinois
Thoroughbred Breeders Fund.
(2) Provide for the registration of Illinois conceived
and foaled horses and Illinois foaled horses. No such horse
shall compete in the races limited to Illinois conceived
and foaled horses or Illinois foaled horses or both unless
registered with the Department of Agriculture. The
Department of Agriculture may prescribe such forms as are
necessary to determine the eligibility of such horses. The
Department of Agriculture may assess and collect
application fees for the registration of Illinois-eligible
foals. All fees collected are to be held in trust accounts
for the purposes set forth in this Act and in accordance
with Section 205-15 of the Department of Agriculture Law
paid into the Illinois Thoroughbred Breeders Fund. No
person shall knowingly prepare or cause preparation of an
application for registration of such foals containing
false information.
(m) The Department of Agriculture, with the advice and
assistance of the Illinois Thoroughbred Breeders Fund Advisory
Board, shall provide that certain races limited to Illinois
conceived and foaled and Illinois foaled horses be stakes races
and determine the total amount of stakes and awards to be paid
to the owners of the winning horses in such races.
In determining the stakes races and the amount of awards

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for such races, the Department of Agriculture shall consider
factors, including but not limited to, the amount of money
appropriated for the Illinois Thoroughbred Breeders Fund
program, organization licensees' contributions, availability
of stakes caliber horses as demonstrated by past performances,
whether the race can be coordinated into the proposed racing
dates within organization licensees' racing dates, opportunity
for colts and fillies and various age groups to race, public
wagering on such races, and the previous racing schedule.
(n) The Board and the organizational licensee shall notify
the Department of the conditions and minimum purses for races
limited to Illinois conceived and foaled and Illinois foaled
horses conducted for each organizational licensee conducting a
thoroughbred racing meeting. The Department of Agriculture
with the advice and assistance of the Illinois Thoroughbred
Breeders Fund Advisory Board may allocate monies for purse
supplements for such races. In determining whether to allocate
money and the amount, the Department of Agriculture shall
consider factors, including but not limited to, the amount of
money appropriated for the Illinois Thoroughbred Breeders Fund
program, the number of races that may occur, and the
organizational licensee's purse structure.
(o) In order to improve the breeding quality of
thoroughbred horses in the State, the General Assembly
recognizes that existing provisions of this Section to
encourage such quality breeding need to be revised and

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strengthened. As such, a Thoroughbred Breeder's Program Task
Force is to be appointed by the Governor by September 1, 1999
to make recommendations to the General Assembly by no later
than March 1, 2000. This task force is to be composed of 2
representatives from the Illinois Thoroughbred Breeders and
Owners Foundation, 2 from the Illinois Thoroughbred Horsemen's
Association, 3 from Illinois race tracks operating
thoroughbred race meets for an average of at least 30 days in
the past 3 years, the Director of Agriculture, the Executive
Director of the Racing Board, who shall serve as Chairman.
(Source: P.A. 91-40, eff. 6-25-99.)
(230 ILCS 5/30.5)
Sec. 30.5. Illinois Quarter Horse Breeders Fund.
(a) The General Assembly declares that it is the policy of
this State to encourage the breeding of racing quarter horses
in this State and the ownership of such horses by residents of
this State in order to provide for sufficient numbers of high
quality racing quarter horses in this State and to establish
and preserve the agricultural and commercial benefits of such
breeding and racing industries to the State of Illinois. It is
the intent of the General Assembly to further this policy by
the provisions of this Act.
(b) There is hereby created a non-appropriated trust
special fund in the State Treasury to be known as the Illinois
Racing Quarter Horse Breeders Fund, which is held separately

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from State moneys. Except as provided in subsection (g) of
Section 27 of this Act, 8.5% of all the moneys received by the
State as pari-mutuel taxes on quarter horse racing shall be
paid into the Illinois Racing Quarter Horse Breeders Fund. The
Illinois Racing Quarter Horse Breeders Fund shall not be
subject to administrative charges or chargebacks, including,
but not limited to, those authorized under Section 8h of the
State Finance Act.
(c) The Illinois Racing Quarter Horse Breeders Fund shall
be administered by the Department of Agriculture with the
advice and assistance of the Advisory Board created in
subsection (d) of this Section.
(d) The Illinois Racing Quarter Horse Breeders Fund
Advisory Board shall consist of the Director of the Department
of Agriculture, who shall serve as Chairman; a member of the
Illinois Racing Board, designated by it; one representative of
the organization licensees conducting pari-mutuel quarter
horse racing meetings, recommended by them; 2 representatives
of the Illinois Running Quarter Horse Association, recommended
by it; and the Superintendent of Fairs and Promotions from the
Department of Agriculture. Advisory Board members shall serve
for 2 years commencing January 1 of each odd numbered year. If
representatives have not been recommended by January 1 of each
odd numbered year, the Director of the Department of
Agriculture may make an appointment for the organization
failing to so recommend a member of the Advisory Board.

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Advisory Board members shall receive no compensation for their
services as members but may be reimbursed for all actual and
necessary expenses and disbursements incurred in the execution
of their official duties.
(e) Moneys in No moneys shall be expended from the Illinois
Racing Quarter Horse Breeders Fund except as appropriated by
the General Assembly. Moneys appropriated from the Illinois
Racing Quarter Horse Breeders Fund shall be expended by the
Department of Agriculture, with the advice and assistance of
the Illinois Racing Quarter Horse Breeders Fund Advisory Board,
for the following purposes only:
(1) To provide stakes and awards to be paid to the
owners of the winning horses in certain races. This
provision is limited to Illinois conceived and foaled
horses.
(2) To provide an award to the owner or owners of an
Illinois conceived and foaled horse that wins a race when
pari-mutuel wagering is conducted; providing the race is
not restricted to Illinois conceived and foaled horses.
(3) To provide purse money for an Illinois stallion
stakes program.
(4) To provide for purses to be distributed for the
running of races during the Illinois State Fair and the
DuQuoin State Fair exclusively for quarter horses
conceived and foaled in Illinois.
(5) To provide for purses to be distributed for the

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running of races at Illinois county fairs exclusively for
quarter horses conceived and foaled in Illinois.
(6) To provide for purses to be distributed for running
races exclusively for quarter horses conceived and foaled
in Illinois at locations in Illinois determined by the
Department of Agriculture with advice and consent of the
Racing Quarter Horse Breeders Fund Advisory Board.
(7) No less than 90% of all moneys appropriated from
the Illinois Racing Quarter Horse Breeders Fund shall be
expended for the purposes in items (1), (2), (3), (4), and
(5) of this subsection (e).
(8) To provide for research programs concerning the
health, development, and care of racing quarter horses.
(9) To provide for dissemination of public information
designed to promote the breeding of racing quarter horses
in Illinois.
(10) To provide for expenses incurred in the
administration of the Illinois Racing Quarter Horse
Breeders Fund.
(f) The Department of Agriculture shall, by rule, with the
advice and assistance of the Illinois Racing Quarter Horse
Breeders Fund Advisory Board:
(1) Qualify stallions for Illinois breeding; such
stallions to stand for service within the State of
Illinois, at the time of a foal's conception. Such stallion
must not stand for service at any place outside the State

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of Illinois during the calendar year in which the foal is
conceived. The Department of Agriculture may assess and
collect application fees for the registration of
Illinois-eligible stallions. All fees collected are to be
paid into the Illinois Racing Quarter Horse Breeders Fund.
(2) Provide for the registration of Illinois conceived
and foaled horses. No such horse shall compete in the races
limited to Illinois conceived and foaled horses unless it
is registered with the Department of Agriculture. The
Department of Agriculture may prescribe such forms as are
necessary to determine the eligibility of such horses. The
Department of Agriculture may assess and collect
application fees for the registration of Illinois-eligible
foals. All fees collected are to be paid into the Illinois
Racing Quarter Horse Breeders Fund. No person shall
knowingly prepare or cause preparation of an application
for registration of such foals that contains false
information.
(g) The Department of Agriculture, with the advice and
assistance of the Illinois Racing Quarter Horse Breeders Fund
Advisory Board, shall provide that certain races limited to
Illinois conceived and foaled be stakes races and determine the
total amount of stakes and awards to be paid to the owners of
the winning horses in such races.
(Source: P.A. 91-40, eff. 6-25-99.)

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(230 ILCS 5/31) (from Ch. 8, par. 37-31)
Sec. 31. (a) The General Assembly declares that it is the
policy of this State to encourage the breeding of standardbred
horses in this State and the ownership of such horses by
residents of this State in order to provide for: sufficient
numbers of high quality standardbred horses to participate in
harness racing meetings in this State, and to establish and
preserve the agricultural and commercial benefits of such
breeding and racing industries to the State of Illinois. It is
the intent of the General Assembly to further this policy by
the provisions of this Section of this Act.
(b) Each organization licensee conducting a harness racing
meeting pursuant to this Act shall provide for at least two
races each race program limited to Illinois conceived and
foaled horses. A minimum of 6 races shall be conducted each
week limited to Illinois conceived and foaled horses. No horses
shall be permitted to start in such races unless duly
registered under the rules of the Department of Agriculture.
(b-5) Organization licensees, not including the Illinois
State Fair or the DuQuoin State Fair, shall provide stake races
and early closer races for Illinois conceived and foaled horses
so that purses distributed for such races shall be no less than
17% of total purses distributed for harness racing in that
calendar year in addition to any stakes payments and starting
fees contributed by horse owners.
(b-10) Each organization licensee conducting a harness

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racing meeting pursuant to this Act shall provide an owner
award to be paid from the purse account equal to 25% of the
amount earned by Illinois conceived and foaled horses in races
that are not restricted to Illinois conceived and foaled
horses. The owner awards shall not be paid on races below the
$10,000 claiming class.
(c) Conditions of races under subsection (b) shall be
commensurate with past performance, quality and class of
Illinois conceived and foaled horses available. If, however,
sufficient competition cannot be had among horses of that class
on any day, the races may, with consent of the Board, be
eliminated for that day and substitute races provided.
(d) There is hereby created a special fund of the State
Treasury to be known as the Illinois Standardbred Breeders
Fund.
During the calendar year 1981, and each year thereafter,
except as provided in subsection (g) of Section 27 of this Act,
eight and one-half per cent of all the monies received by the
State as privilege taxes on harness racing meetings shall be
paid into the Illinois Standardbred Breeders Fund.
(e) The Illinois Standardbred Breeders Fund shall be
administered by the Department of Agriculture with the
assistance and advice of the Advisory Board created in
subsection (f) of this Section.
(f) The Illinois Standardbred Breeders Fund Advisory Board
is hereby created. The Advisory Board shall consist of the

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Director of the Department of Agriculture, who shall serve as
Chairman; the Superintendent of the Illinois State Fair; a
member of the Illinois Racing Board, designated by it; a
representative of the Illinois Standardbred Owners and
Breeders Association, recommended by it; a representative of
the Illinois Association of Agricultural Fairs, recommended by
it, such representative to be from a fair at which Illinois
conceived and foaled racing is conducted; a representative of
the organization licensees conducting harness racing meetings,
recommended by them and a representative of the Illinois
Harness Horsemen's Association, recommended by it. Advisory
Board members shall serve for 2 years commencing January 1, of
each odd numbered year. If representatives of the Illinois
Standardbred Owners and Breeders Associations, the Illinois
Association of Agricultural Fairs, the Illinois Harness
Horsemen's Association, and the organization licensees
conducting harness racing meetings have not been recommended by
January 1, of each odd numbered year, the Director of the
Department of Agriculture shall make an appointment for the
organization failing to so recommend a member of the Advisory
Board. Advisory Board members shall receive no compensation for
their services as members but shall be reimbursed for all
actual and necessary expenses and disbursements incurred in the
execution of their official duties.
(g) No monies shall be expended from the Illinois
Standardbred Breeders Fund except as appropriated by the

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General Assembly. Monies appropriated from the Illinois
Standardbred Breeders Fund shall be expended by the Department
of Agriculture, with the assistance and advice of the Illinois
Standardbred Breeders Fund Advisory Board for the following
purposes only:
1. To provide purses for races limited to Illinois
conceived and foaled horses at the State Fair and the
DuQuoin State Fair.
2. To provide purses for races limited to Illinois
conceived and foaled horses at county fairs.
3. To provide purse supplements for races limited to
Illinois conceived and foaled horses conducted by
associations conducting harness racing meetings.
4. No less than 75% of all monies in the Illinois
Standardbred Breeders Fund shall be expended for purses in
1, 2 and 3 as shown above.
5. In the discretion of the Department of Agriculture
to provide awards to harness breeders of Illinois conceived
and foaled horses which win races conducted by organization
licensees conducting harness racing meetings. A breeder is
the owner of a mare at the time of conception. No more than
10% of all monies appropriated from the Illinois
Standardbred Breeders Fund shall be expended for such
harness breeders awards. No more than 25% of the amount
expended for harness breeders awards shall be expended for
expenses incurred in the administration of such harness

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breeders awards.
6. To pay for the improvement of racing facilities
located at the State Fair and County fairs.
7. To pay the expenses incurred in the administration
of the Illinois Standardbred Breeders Fund.
8. To promote the sport of harness racing, including
grants up to a maximum of $7,500 per fair per year for
conducting pari-mutuel wagering during the advertised
dates of a county fair.
9. To pay up to $50,000 annually for the Department of
Agriculture to conduct drug testing at county fairs racing
standardbred horses.
10. To pay up to $100,000 annually for distribution to
Illinois county fairs to supplement premiums offered in
junior classes.
11. To pay up to $100,000 annually for division and
equal distribution to the animal sciences department of
each Illinois public university system engaged in equine
research and education on or before the effective date of
this amendatory Act of the 97th General Assembly for equine
research and education.
(h) (Blank) Whenever the Governor finds that the amount in
the Illinois Standardbred Breeders Fund is more than the total
of the outstanding appropriations from such fund, the Governor
shall notify the State Comptroller and the State Treasurer of
such fact. The Comptroller and the State Treasurer, upon

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receipt of such notification, shall transfer such excess amount
from the Illinois Standardbred Breeders Fund to the General
Revenue Fund.
(i) A sum equal to 13% 12 1/2% of the first prize money of
the gross every purse won by an Illinois conceived and foaled
horse shall be paid 50% by the organization licensee conducting
the horse race meeting to the breeder of such winning horse
from the organization licensee's account and 50% from the purse
account of the licensee share of the money wagered. Such
payment shall not reduce any award to the owner of the horse or
reduce the taxes payable under this Act. Such payment shall be
delivered by the organization licensee at the end of each
quarter race meeting.
(j) The Department of Agriculture shall, by rule, with the
assistance and advice of the Illinois Standardbred Breeders
Fund Advisory Board:
1. Qualify stallions for Illinois Standardbred
Breeders Fund breeding; such stallion shall be owned by a
resident of the State of Illinois or by an Illinois
corporation all of whose shareholders, directors, officers
and incorporators are residents of the State of Illinois.
Such stallion shall stand for service at and within the
State of Illinois at the time of a foal's conception, and
such stallion must not stand for service at any place, nor
may semen from such stallion be transported, outside the
State of Illinois during that calendar year in which the

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foal is conceived and that the owner of the stallion was
for the 12 months prior, a resident of Illinois. Foals
conceived outside the State of Illinois from shipped semen
from a stallion qualified for breeders' awards under this
Section are not eligible to participate in the Illinois
conceived and foaled program. The articles of agreement of
any partnership, joint venture, limited partnership,
syndicate, association or corporation and any bylaws and
stock certificates must contain a restriction that
provides that the ownership or transfer of interest by any
one of the persons a party to the agreement can only be
made to a person who qualifies as an Illinois resident.
2. Provide for the registration of Illinois conceived
and foaled horses and no such horse shall compete in the
races limited to Illinois conceived and foaled horses
unless registered with the Department of Agriculture. The
Department of Agriculture may prescribe such forms as may
be necessary to determine the eligibility of such horses.
No person shall knowingly prepare or cause preparation of
an application for registration of such foals containing
false information. A mare (dam) must be in the state at
least 30 days prior to foaling or remain in the State at
least 30 days at the time of foaling. Beginning with the
1996 breeding season and for foals of 1997 and thereafter,
a foal conceived in the State of Illinois by transported
fresh semen may be eligible for Illinois conceived and

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foaled registration provided all breeding and foaling
requirements are met. The stallion must be qualified for
Illinois Standardbred Breeders Fund breeding at the time of
conception and the mare must be inseminated within the
State of Illinois. The foal must be dropped in Illinois and
properly registered with the Department of Agriculture in
accordance with this Act.
3. Provide that at least a 5 day racing program shall
be conducted at the State Fair each year, which program
shall include at least the following races limited to
Illinois conceived and foaled horses: (a) a two year old
Trot and Pace, and Filly Division of each; (b) a three year
old Trot and Pace, and Filly Division of each; (c) an aged
Trot and Pace, and Mare Division of each.
4. Provide for the payment of nominating, sustaining
and starting fees for races promoting the sport of harness
racing and for the races to be conducted at the State Fair
as provided in subsection (j) 3 of this Section provided
that the nominating, sustaining and starting payment
required from an entrant shall not exceed 2% of the purse
of such race. All nominating, sustaining and starting
payments shall be held for the benefit of entrants and
shall be paid out as part of the respective purses for such
races. Nominating, sustaining and starting fees shall be
held in trust accounts for the purposes as set forth in
this Act and in accordance with Section 205-15 of the

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Department of Agriculture Law (20 ILCS 205/205-15).
5. Provide for the registration with the Department of
Agriculture of Colt Associations or county fairs desiring
to sponsor races at county fairs.
6. Provide for the promotion of producing standardbred
racehorses by providing a bonus award program for owners of
2-year-old horses that win multiple major stakes races that
are limited to Illinois conceived and foaled horses.
(k) The Department of Agriculture, with the advice and
assistance of the Illinois Standardbred Breeders Fund Advisory
Board, may allocate monies for purse supplements for such
races. In determining whether to allocate money and the amount,
the Department of Agriculture shall consider factors,
including but not limited to, the amount of money appropriated
for the Illinois Standardbred Breeders Fund program, the number
of races that may occur, and an organizational licensee's purse
structure. The organizational licensee shall notify the
Department of Agriculture of the conditions and minimum purses
for races limited to Illinois conceived and foaled horses to be
conducted by each organizational licensee conducting a harness
racing meeting for which purse supplements have been
negotiated.
(l) All races held at county fairs and the State Fair which
receive funds from the Illinois Standardbred Breeders Fund
shall be conducted in accordance with the rules of the United
States Trotting Association unless otherwise modified by the

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Department of Agriculture.
(m) At all standardbred race meetings held or conducted
under authority of a license granted by the Board, and at all
standardbred races held at county fairs which are approved by
the Department of Agriculture or at the Illinois or DuQuoin
State Fairs, no one shall jog, train, warm up or drive a
standardbred horse unless he or she is wearing a protective
safety helmet, with the chin strap fastened and in place, which
meets the standards and requirements as set forth in the 1984
Standard for Protective Headgear for Use in Harness Racing and
Other Equestrian Sports published by the Snell Memorial
Foundation, or any standards and requirements for headgear the
Illinois Racing Board may approve. Any other standards and
requirements so approved by the Board shall equal or exceed
those published by the Snell Memorial Foundation. Any
equestrian helmet bearing the Snell label shall be deemed to
have met those standards and requirements.
(Source: P.A. 91-239, eff. 1-1-00.)
(230 ILCS 5/31.1) (from Ch. 8, par. 37-31.1)
Sec. 31.1. (a) Organization licensees collectively shall
contribute annually to charity the sum of $1,000,000 $750,000
to non-profit organizations that provide medical and family,
counseling, and similar services to persons who reside or work
on the backstretch of Illinois racetracks. These contributions
shall be collected as follows: (i) no later than July 1st of

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each year the Board shall assess each organization licensee,
except those tracks which are not within 100 miles of each
other which tracks shall pay $40,000 $30,000 annually apiece
into the Board charity fund, that amount which equals $920,000
$690,000 multiplied by the amount of pari-mutuel wagering
handled by the organization licensee in the year preceding
assessment and divided by the total pari-mutuel wagering
handled by all Illinois organization licensees, except those
tracks which are not within 100 miles of each other, in the
year preceding assessment; (ii) notice of the assessed
contribution shall be mailed to each organization licensee;
(iii) within thirty days of its receipt of such notice, each
organization licensee shall remit the assessed contribution to
the Board. If an organization licensee wilfully fails to so
remit the contribution, the Board may revoke its license to
conduct horse racing.
(b) No later than October 1st of each year, any qualified
charitable organization seeking an allotment of contributed
funds shall submit to the Board an application for those funds,
using the Board's approved form. No later than December 31st of
each year, the Board shall distribute all such amounts
collected that year to such charitable organization
applicants.
(Source: P.A. 87-110.)
(230 ILCS 5/32.1)

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Sec. 32.1. Pari-mutuel tax credit; statewide racetrack
real estate equalization.
(a) In order to encourage new investment in Illinois
racetrack facilities and mitigate differing real estate tax
burdens among all racetracks, the licensees affiliated or
associated with each racetrack that has been awarded live
racing dates in the current year shall receive an immediate
pari-mutuel tax credit in an amount equal to the greater of (i)
50% of the amount of the real estate taxes paid in the prior
year attributable to that racetrack, or (ii) the amount by
which the real estate taxes paid in the prior year attributable
to that racetrack exceeds 60% of the average real estate taxes
paid in the prior year for all racetracks awarded live horse
racing meets in the current year.
Each year, regardless of whether the organization licensee
conducted live racing in the year of certification, the Board
shall certify in writing, prior to December 31, the real estate
taxes paid in that year for each racetrack and the amount of
the pari-mutuel tax credit that each organization licensee,
intertrack wagering licensee, and intertrack wagering location
licensee that derives its license from such racetrack is
entitled in the succeeding calendar year. The real estate taxes
considered under this Section for any racetrack shall be those
taxes on the real estate parcels and related facilities used to
conduct a horse race meeting and inter-track wagering at such
racetrack under this Act. In no event shall the amount of the

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tax credit under this Section exceed the amount of pari-mutuel
taxes otherwise calculated under this Act. The amount of the
tax credit under this Section shall be retained by each
licensee and shall not be subject to any reallocation or
further distribution under this Act. The Board may promulgate
emergency rules to implement this Section.
(b) Beginning on January 1 following the calendar year
during which an organization licensee begins receiving funds
from the Horse Racing Impact Fee Fund, the maximum credit
amount an organization licensee shall be eligible to receive
pursuant to this Section shall be equal to 50% of the credit
awarded to the organization licensee in calendar year 2010.
(Source: P.A. 91-40, eff. 6-25-99.)
(230 ILCS 5/34.3 new)
Sec. 34.3. Drug testing. The Illinois Racing Board and the
Department of Agriculture shall jointly establish a program for
the purpose of conducting drug testing of horses at county
fairs and shall adopt any rules necessary for enforcement of
the program. The rules shall include appropriate penalties for
violations.
(230 ILCS 5/36) (from Ch. 8, par. 37-36)
Sec. 36. (a) Whoever administers or conspires to administer
to any horse a hypnotic, narcotic, stimulant, depressant or any
chemical substance which may affect the speed of a horse at any

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time in any race where the purse or any part of the purse is
made of money authorized by any Section of this Act, except
those chemical substances permitted by ruling of the Board,
internally, externally or by hypodermic method in a race or
prior thereto, or whoever knowingly enters a horse in any race
within a period of 24 hours after any hypnotic, narcotic,
stimulant, depressant or any other chemical substance which may
affect the speed of a horse at any time, except those chemical
substances permitted by ruling of the Board, has been
administered to such horse either internally or externally or
by hypodermic method for the purpose of increasing or retarding
the speed of such horse shall be guilty of a Class 4 felony.
The Board shall suspend or revoke such violator's license.
(b) The term "hypnotic" as used in this Section includes
all barbituric acid preparations and derivatives.
(c) The term "narcotic" as used in this Section includes
opium and all its alkaloids, salts, preparations and
derivatives, cocaine and all its salts, preparations and
derivatives and substitutes.
(d) The provisions of this Section 36 and the treatment
authorized herein apply to horses entered in and competing in
race meetings as defined in Section 3.47 of this Act and to
horses entered in and competing at any county fair.
(Source: P.A. 79-1185.)
(230 ILCS 5/40) (from Ch. 8, par. 37-40)

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Sec. 40. (a) The imposition of any fine or penalty provided
in this Act shall not preclude the Board in its rules and
regulations from imposing a fine or penalty for any other
action which, in the Board's discretion, is a detriment or
impediment to horse racing.
(b) The Director of Agriculture or his or her authorized
representative shall impose the following monetary penalties
and hold administrative hearings as required for failure to
submit the following applications, lists, or reports within the
time period, date or manner required by statute or rule or for
removing a foal from Illinois prior to inspection:
(1) late filing of a renewal application for offering
or standing stallion for service:
(A) if an application is submitted no more than 30
days late, $50;
(B) if an application is submitted no more than 45
days late, $150; or
(C) if an application is submitted more than 45
days late, if filing of the application is allowed
under an administrative hearing, $250;
(2) late filing of list or report of mares bred:
(A) if a list or report is submitted no more than
30 days late, $50;
(B) if a list or report is submitted no more than
60 days late $150; or
(C) if a list or report is submitted more than 60

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days late, if filing of the list or report is allowed
under an administrative hearing, $250;
(3) filing an Illinois foaled thoroughbred mare status
report after the statutory deadline as provided in
subsection (k) of Section 30 of this Act December 31:
(A) if a report is submitted no more than 30 days
late, $50;
(B) if a report is submitted no more than 90 days
late, $150;
(C) if a report is submitted no more than 150 days
late, $250; or
(D) if a report is submitted more than 150 days
late, if filing of the report is allowed under an
administrative hearing, $500;
(4) late filing of application for foal eligibility
certificate:
(A) if an application is submitted no more than 30
days late, $50;
(B) if an application is submitted no more than 90
days late, $150;
(C) if an application is submitted no more than 150
days late, $250; or
(D) if an application is submitted more than 150
days late, if filing of the application is allowed
under an administrative hearing, $500;
(5) failure to report the intent to remove a foal from

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Illinois prior to inspection, identification and
certification by a Department of Agriculture investigator,
$50; and
(6) if a list or report of mares bred is incomplete,
$50 per mare not included on the list or report.
Any person upon whom monetary penalties are imposed under
this Section 3 times within a 5 year period shall have any
further monetary penalties imposed at double the amounts set
forth above. All monies assessed and collected for violations
relating to thoroughbreds shall be paid into the Thoroughbred
Breeders Fund. All monies assessed and collected for violations
relating to standardbreds shall be paid into the Standardbred
Breeders Fund.
(Source: P.A. 87-397.)
(230 ILCS 5/56 new)
Sec. 56. Horse Racing Impact Fee Fund distribution.
(a) Any amounts received by an organization licensee from
the Horse Racing Impact Fee Fund shall be distributed as
follows:
(1) Amounts shall be paid to the purse account at the
track at which the organization licensee is conducting
racing equal to the following:
12.75% of an amount up to and including
$75,000,000;
20% of an amount in excess of $75,000,000 but not

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exceeding $100,000,000;
26.5% of an amount in excess of $100,000,000 but
not exceeding $125,000,000; and
20.5% of an amount in excess of $125,000,000.
(2) The remainder shall be retained by the organization
licensee.
(b) Amounts placed into the purse account of an
organization licensee racing thoroughbred horses shall be used
for purses, for health care services or worker's compensation
for racing industry workers, for equine research, for programs
to care for and transition injured and retired thoroughbred
horses that race at the race track, or for horse ownership
promotion, in accordance with the agreement of the horsemen's
association representing the largest number of owners or
trainers who race at that organization licensee's race
meetings.
Annually, from the purse account of an organization
licensee racing thoroughbred horses in the State, except for in
Madison County, an amount equal to 12% of the amounts placed
into the purse accounts in accordance with this Section shall
be paid to the Illinois Thoroughbred Breeders Fund and shall be
used for owner awards; a stallion program pursuant to paragraph
(3) of subsection (g) of Section 30 of this Act; and Illinois
conceived and foaled stakes races pursuant to paragraph (2) of
subsection (g) of Section 30 of this Act, as specifically
designated by the horsemen's association representing the

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largest number of owners or trainers who race at the
organization licensee's race meetings.
Annually, from the purse account of an organization
licensee racing thoroughbred horses in Madison County, an
amount equal to 10% of the amount placed into the purse
accounts in accordance with this Section shall be paid to the
Illinois Thoroughbred Breeders Fund and shall be used for owner
awards; a stallion program pursuant to paragraph (3) of
subsection (g) of Section 30 of this Act; and Illinois
conceived and foaled stakes races pursuant to paragraph (2) of
subsection (g) of Section 30 of this Act, as specifically
designated by the horsemen's association representing the
largest number of owners or trainers who race at the
organization licensee's race meetings.
Annually, from the purse account of an organization
licensee conducting thoroughbred races at a race track in
Madison County, an amount equal to 1% of the amount distributed
to purses per subsection (a) of this Section 56 shall be paid
as follows: 0.33 1/3% to Southern Illinois University
Department of Animal Sciences for equine research and
education, an amount equal to 0.33 1/3% shall be used to
operate laundry facilities for backstretch workers at that race
track, and an amount equal to 0.33 1/3% shall be paid to
programs to care for injured and unwanted horses that race at
that race track.
Annually, from the purse account of organization licensees

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conducting thoroughbred races at race tracks in Cook County,
$100,000 shall be paid for division and equal distribution to
the animal sciences department of each Illinois public
university system engaged in equine research and education on
or before the effective date of this amendatory Act of the 97th
General Assembly for equine research and education.
(c) Annually, from the purse account of an organization
licensee racing standardbred horses, an amount equal to 15% of
the amount placed into that purse account in accordance with
this Section shall be paid to the Illinois Colt Stakes Purse
Distribution Fund. Moneys deposited into the Illinois Colt
Stakes Purse Distribution Fund shall be used for standardbred
racing as authorized in paragraphs 1, 2, 3, 8, 9, 10, and 11 of
subsection (g) of Section 31 of this Act and for bonus awards
as authorized under paragraph 6 of subsection (j) of Section 31
of this Act.
(d) As a requirement for continued eligibility to receive
amounts from the Horse Racing Impact Fee Fund, each
organization licensee must promote live racing and horse
ownership through marketing and promotional efforts. To meet
this requirement, all organization licensees operating at each
race track facility must collectively expend the amount of the
pari-mutuel tax credit that was certified by the Illinois
Racing Board in the prior calendar year pursuant to Section
32.1 of this Act for that race track facility, in addition to
the amount that was expended by each organizational licensee

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for such efforts in calendar year 2009. Such incremental
expenditures must be directed to assure that all marketing
expenditures, including those that advertise, market, and
promote horse racing or horse ownership. The amount spent by
the organization licensee for such marketing and promotional
efforts in 2009 shall be certified by the Board no later than
90 days after the effective date of this Section.
The Board shall review any amounts expended pursuant to
this subsection (d) and shall also include an itemized
description of the amount that was expended by each
organization licensee pursuant to this subsection (d) in the
annual report that the Board is required to submit pursuant to
subsection (d) of Section 14 of the Illinois Horse Racing Act
of 1975.
(e) The Board shall submit a report to the General Assembly
on or before December 31, 2012 that examines the feasibility of
conducting electronic gaming at the Illinois State Fairgrounds
in Sangamon County. At a minimum, this report shall analyze the
projected revenues that will be generated; the potential for
cannibalization of existing riverboats, casinos, or other
electronic gaming facilities; and the potential detriment to
the surrounding area and its population. The report shall
include the Board's findings together with appropriate
recommendations for legislative action.
Section 90-40. The Riverboat Gambling Act is amended by

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changing Sections 1, 2, 3, 4, 5, 5.1, 6, 7, 7.3, 7.5, 8, 9, 11,
11.1, 12, 13, 14, 18, 19, and 20 and by adding Sections 5.3,
7.8, 7.9, 7.10, 7.11, and 7.12 as follows:
(230 ILCS 10/1) (from Ch. 120, par. 2401)
Sec. 1. Short title. This Act shall be known and may be
cited as the Illinois Riverboat Gambling Act.
(Source: P.A. 86-1029.)
(230 ILCS 10/2) (from Ch. 120, par. 2402)
Sec. 2. Legislative Intent.
(a) This Act is intended to benefit the people of the State
of Illinois by assisting economic development and promoting
Illinois tourism and by increasing the amount of revenues
available to the State to assist and support education.
(b) While authorization of riverboat and casino gambling
will enhance investment, development and tourism in Illinois,
it is recognized that it will do so successfully only if public
confidence and trust in the credibility and integrity of the
gambling operations and the regulatory process is maintained.
Therefore, regulatory provisions of this Act are designed to
strictly regulate the facilities, persons, associations and
practices related to gambling operations pursuant to the police
powers of the State, including comprehensive law enforcement
supervision.
(c) The Illinois Gaming Board established under this Act

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should, as soon as possible, inform each applicant for an
owners license of the Board's intent to grant or deny a
license.
(Source: P.A. 93-28, eff. 6-20-03.)
(230 ILCS 10/3) (from Ch. 120, par. 2403)
Sec. 3. Riverboat Gambling Authorized.
(a) Riverboat and casino gambling operations and the system
of wagering incorporated therein, as defined in this Act, are
hereby authorized to the extent that they are carried out in
accordance with the provisions of this Act.
(b) This Act does not apply to the pari-mutuel system of
wagering used or intended to be used in connection with the
horse-race meetings as authorized under the Illinois Horse
Racing Act of 1975, lottery games authorized under the Illinois
Lottery Law, bingo authorized under the Bingo License and Tax
Act, charitable games authorized under the Charitable Games Act
or pull tabs and jar games conducted under the Illinois Pull
Tabs and Jar Games Act.
(c) Riverboat gambling conducted pursuant to this Act may
be authorized upon any water within the State of Illinois or
any water other than Lake Michigan which constitutes a boundary
of the State of Illinois. Notwithstanding any provision in this
subsection (c) to the contrary, a licensee that receives its
license pursuant to subsection (e-5) of Section 7 may conduct
riverboat gambling on Lake Michigan from a home dock located on

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Lake Michigan subject to any limitations contained in Section
7. Notwithstanding any provision in this subsection (c) to the
contrary, a licensee may conduct gambling at its home dock
facility as provided in Sections 7 and 11. A licensee may
conduct riverboat gambling authorized under this Act
regardless of whether it conducts excursion cruises. A licensee
may permit the continuous ingress and egress of passengers for
the purpose of gambling.
(d) Gambling that is conducted in accordance with this Act
using slot machines and video games of chance as defined in the
Illinois Gambling Act is authorized.
(Source: P.A. 91-40, eff. 6-25-99.)
(230 ILCS 10/4) (from Ch. 120, par. 2404)
Sec. 4. Definitions. As used in this Act:
(a) "Board" means the Illinois Gaming Board.
(b) "Occupational license" means a license issued by the
Board to a person or entity to perform an occupation which the
Board has identified as requiring a license to engage in
riverboat gambling in Illinois.
(c) "Gambling game" includes, but is not limited to,
baccarat, twenty-one, poker, craps, slot machine, video game of
chance, roulette wheel, klondike table, punchboard, faro
layout, keno layout, numbers ticket, push card, jar ticket, or
pull tab which is authorized by the Board as a wagering device
under this Act.

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(d) "Riverboat" means a self-propelled excursion boat, a
permanently moored barge, or permanently moored barges that are
permanently fixed together to operate as one vessel, on which
lawful gambling is authorized and licensed as provided in this
Act.
"Electronic gaming device" means any mechanical,
electrical, or other device, contrivance, or machine that is
authorized by the Board as a wagering device under this Act
which, upon insertion of currency, a voucher, or a similar
object therein, or upon payment of any consideration
whatsoever, is available to play or operate, the play or
operation of which may deliver or entitle the person playing or
operating the machine to receive cash, premiums, merchandise,
tokens, or anything of value whatsoever, whether the payoff is
made automatically from the machine or in any other manner
whatsoever. An electronic gaming device:
(1) May utilize spinning reels or video displays or
both.
(2) May dispense vouchers to winning patrons.
(3) May use an electronic credit system for receiving
wagers and making payouts.
(4) May simulate a table game.
"Electronic gaming device" does not include table games
authorized by the Board as a wagering device under this Act.
(e) "Managers license" means a license issued by the Board
to a person or entity to manage gambling operations conducted

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by the State pursuant to Section 7.3.
(f) "Dock" means the location where a riverboat moors for
the purpose of embarking passengers for and disembarking
passengers from the riverboat.
(g) "Gross receipts" means the total amount of money
exchanged for the purchase of chips, tokens, or electronic
credits cards by riverboat patrons.
(h) "Adjusted gross receipts" means the gross receipts less
winnings paid to wagerers.
(i) "Cheat" means to alter the selection of criteria which
determine the result of a gambling game or the amount or
frequency of payment in a gambling game.
(j) (Blank).
(k) "Gambling operation" means the conduct of authorized
gambling games authorized under this Act upon a riverboat or in
a casino or authorized under this Act.
(l) "License bid" means the lump sum amount of money that
an applicant bids and agrees to pay the State in return for an
owners license that is issued or re-issued on or after July 1,
2003.
"Table game" means a live gaming apparatus upon which
gaming is conducted or that determines an outcome that is the
object of a wager, including, but not limited to, baccarat,
twenty-one, blackjack, poker, craps, roulette wheel, klondike
table, punchboard, faro layout, keno layout, or other similar
games that are authorized by the Board as a wagering device

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under this Act. "Table game" does not include electronic gaming
devices or video games of chance.
(m) The terms "minority person", "female", and "person with
a disability" shall have the same meaning as defined in Section
2 of the Business Enterprise for Minorities, Females, and
Persons with Disabilities Act.
"Authority" means the Chicago Casino Development
Authority.
"Casino" means a facility at which lawful gambling is
authorized as provided in this Act.
"Owners license" means a license to conduct riverboat or
casino gambling operations, but does not include an electronic
gaming license.
"Licensed owner" means a person who holds an owners
license.
"Casino operator license" means the license held by the
person or entity selected by the Authority and approved by the
Board to manage and operate a riverboat or casino within the
geographic area of the authorized municipality pursuant to this
Act and the Chicago Casino Development Authority Act.
(Source: P.A. 95-331, eff. 8-21-07; 96-1392, eff. 1-1-11.)
(230 ILCS 10/5) (from Ch. 120, par. 2405)
Sec. 5. Gaming Board.
(a) (1) There is hereby established the Illinois Gaming
Board, which shall have the powers and duties specified in this

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Act, and all other powers necessary and proper to fully and
effectively execute this Act for the purpose of administering,
regulating, and enforcing the system of riverboat and casino
gambling established by this Act. Its jurisdiction shall extend
under this Act to every person, association, corporation,
partnership and trust involved in riverboat and casino gambling
operations in the State of Illinois.
(2) The Board shall consist of 5 members to be appointed by
the Governor with the advice and consent of the Senate, one of
whom shall be designated by the Governor to be chairperson
chairman. Each member shall have a reasonable knowledge of the
practice, procedure and principles of gambling operations.
Each member shall either be a resident of Illinois or shall
certify that he or she will become a resident of Illinois
before taking office.
The Board must include the following:
(A) One member who has received, at a minimum, a
bachelor's degree from an accredited school and at least 10
years of verifiable training and experience in the fields
of investigation and law enforcement.
(B) One member who is a certified public accountant
with experience in auditing and with knowledge of complex
corporate structures and transactions.
(C) One member who has 5 years' experience as a
principal, senior officer, or director of a company or
business with either material responsibility for the daily

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operations and management of the overall company or
business or material responsibility for the policy making
of the company or business.
(D) One member who is a lawyer licensed to practice law
in Illinois.
No more than 3 members of the Board may be from the same
political party. The Board should reflect the ethnic, cultural,
and geographic diversity of the State. No Board member shall,
within a period of one year immediately preceding nomination,
have been employed or received compensation or fees for
services from a person or entity, or its parent or affiliate,
that has engaged in business with the Board or a licensee.
Board members must publicly disclose all prior affiliations
with gaming interests, including any compensation, fees,
bonuses, salaries, and other reimbursement received from a
person or entity, or its parent or affiliate, that has engaged
in business with the Board or a licensee. This disclosure must
be made within 30 days after nomination but prior to
confirmation by the Senate and must be made available to the
members of the Senate. At least one member shall be experienced
in law enforcement and criminal investigation, at least one
member shall be a certified public accountant experienced in
accounting and auditing, and at least one member shall be a
lawyer licensed to practice law in Illinois.
(3) The terms of office of the Board members shall be 3
years, except that the terms of office of the initial Board

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members appointed pursuant to this Act will commence from the
effective date of this Act and run as follows: one for a term
ending July 1, 1991, 2 for a term ending July 1, 1992, and 2 for
a term ending July 1, 1993. Upon the expiration of the
foregoing terms, the successors of such members shall serve a
term for 3 years and until their successors are appointed and
qualified for like terms. Vacancies in the Board shall be
filled for the unexpired term in like manner as original
appointments. Each member of the Board shall be eligible for
reappointment at the discretion of the Governor with the advice
and consent of the Senate.
(4) Each member of the Board shall receive $300 for each
day the Board meets and for each day the member conducts any
hearing pursuant to this Act. Each member of the Board shall
also be reimbursed for all actual and necessary expenses and
disbursements incurred in the execution of official duties.
(5) No person shall be appointed a member of the Board or
continue to be a member of the Board who is, or whose spouse,
child or parent is, a member of the board of directors of, or a
person financially interested in, any gambling operation
subject to the jurisdiction of this Board, or any race track,
race meeting, racing association or the operations thereof
subject to the jurisdiction of the Illinois Racing Board. No
Board member shall hold any other public office. No person
shall be a member of the Board who is not of good moral
character or who has been convicted of, or is under indictment

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for, a felony under the laws of Illinois or any other state, or
the United States.
(5.5) No member of the Board shall engage in any political
activity. For the purposes of this Section, "political" means
any activity in support of or in connection with any campaign
for federal, State, or local elective office or any political
organization, but does not include activities (i) relating to
the support or opposition of any executive, legislative, or
administrative action (as those terms are defined in Section 2
of the Lobbyist Registration Act), (ii) relating to collective
bargaining, or (iii) that are otherwise in furtherance of the
person's official State duties or governmental and public
service functions.
(6) Any member of the Board may be removed by the Governor
for neglect of duty, misfeasance, malfeasance, or nonfeasance
in office or for engaging in any political activity.
(7) Before entering upon the discharge of the duties of his
office, each member of the Board shall take an oath that he
will faithfully execute the duties of his office according to
the laws of the State and the rules and regulations adopted
therewith and shall give bond to the State of Illinois,
approved by the Governor, in the sum of $25,000. Every such
bond, when duly executed and approved, shall be recorded in the
office of the Secretary of State. Whenever the Governor
determines that the bond of any member of the Board has become
or is likely to become invalid or insufficient, he shall

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require such member forthwith to renew his bond, which is to be
approved by the Governor. Any member of the Board who fails to
take oath and give bond within 30 days from the date of his
appointment, or who fails to renew his bond within 30 days
after it is demanded by the Governor, shall be guilty of
neglect of duty and may be removed by the Governor. The cost of
any bond given by any member of the Board under this Section
shall be taken to be a part of the necessary expenses of the
Board.
(8) The Board shall employ such personnel as may be
necessary to carry out its functions and shall determine the
salaries of all personnel, except those personnel whose
salaries are determined under the terms of a collective
bargaining agreement. No person shall be employed to serve the
Board who is, or whose spouse, parent or child is, an official
of, or has a financial interest in or financial relation with,
any operator engaged in gambling operations within this State
or any organization engaged in conducting horse racing within
this State. For the one year immediately preceding employment,
an employee shall not have been employed or received
compensation or fees for services from a person or entity, or
its parent or affiliate, that has engaged in business with the
Board, a licensee, or a licensee under the Illinois Horse
Racing Act of 1975. Any employee violating these prohibitions
shall be subject to termination of employment. In addition, all
Board members and employees are subject to the restrictions set

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forth in Section 5-45 of the State Officials and Employees
Ethics Act.
(9) An Administrator shall perform any and all duties that
the Board shall assign him. The salary of the Administrator
shall be determined by the Board and, in addition, he shall be
reimbursed for all actual and necessary expenses incurred by
him in discharge of his official duties. The Administrator
shall keep records of all proceedings of the Board and shall
preserve all records, books, documents and other papers
belonging to the Board or entrusted to its care. The
Administrator shall devote his full time to the duties of the
office and shall not hold any other office or employment. In
addition to other prescribed duties, the Administrator shall
establish a system by which personnel assisting the Board
regarding the issuance of owners licenses, whether it be
relocation, re-issuance, or the initial issuance, shall be
assigned specific duties in each instance, thereby preventing a
conflict of interest in regards to the decision-making process.
A conflict of interest exists if a situation influences or
creates the appearance that it may influence judgment or
performance of duties or responsibilities.
(b) The Board shall have general responsibility for the
implementation of this Act. Its duties include, without
limitation, the following:
(1) To decide promptly and in reasonable order all
license applications. Any party aggrieved by an action of

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the Board denying, suspending, revoking, restricting or
refusing to renew a license may request a hearing before
the Board. A request for a hearing must be made to the
Board in writing within 5 days after service of notice of
the action of the Board. Notice of the action of the Board
shall be served either by personal delivery or by certified
mail, postage prepaid, to the aggrieved party. Notice
served by certified mail shall be deemed complete on the
business day following the date of such mailing. The Board
shall conduct all requested hearings promptly and in
reasonable order;
(2) To conduct all hearings pertaining to civil
violations of this Act or rules and regulations promulgated
hereunder;
(3) To promulgate such rules and regulations as in its
judgment may be necessary to protect or enhance the
credibility and integrity of gambling operations
authorized by this Act and the regulatory process
hereunder;
(4) To provide for the establishment and collection of
all license and registration fees and taxes imposed by this
Act and the rules and regulations issued pursuant hereto.
All such fees and taxes shall be deposited into the State
Gaming Fund;
(5) To provide for the levy and collection of penalties
and fines for the violation of provisions of this Act and

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the rules and regulations promulgated hereunder. All such
fines and penalties shall be deposited into the Education
Assistance Fund, created by Public Act 86-0018, of the
State of Illinois;
(6) To be present through its inspectors and agents any
time gambling operations are conducted on any riverboat or
in any casino for the purpose of certifying the revenue
thereof, receiving complaints from the public, and
conducting such other investigations into the conduct of
the gambling games and the maintenance of the equipment as
from time to time the Board may deem necessary and proper;
(7) To review and rule upon any complaint by a licensee
regarding any investigative procedures of the State which
are unnecessarily disruptive of gambling operations. The
need to inspect and investigate shall be presumed at all
times. The disruption of a licensee's operations shall be
proved by clear and convincing evidence, and establish
that: (A) the procedures had no reasonable law enforcement
purposes, and (B) the procedures were so disruptive as to
unreasonably inhibit gambling operations;
(8) To hold at least one meeting each quarter of the
fiscal year. In addition, special meetings may be called by
the Chairman or any 2 Board members upon 72 hours written
notice to each member. All Board meetings shall be subject
to the Open Meetings Act. Three members of the Board shall
constitute a quorum, and 3 votes shall be required for any

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final determination by the Board. The Board shall keep a
complete and accurate record of all its meetings. A
majority of the members of the Board shall constitute a
quorum for the transaction of any business, for the
performance of any duty, or for the exercise of any power
which this Act requires the Board members to transact,
perform or exercise en banc, except that, upon order of the
Board, one of the Board members or an administrative law
judge designated by the Board may conduct any hearing
provided for under this Act or by Board rule and may
recommend findings and decisions to the Board. The Board
member or administrative law judge conducting such hearing
shall have all powers and rights granted to the Board in
this Act. The record made at the time of the hearing shall
be reviewed by the Board, or a majority thereof, and the
findings and decision of the majority of the Board shall
constitute the order of the Board in such case;
(9) To maintain records which are separate and distinct
from the records of any other State board or commission.
Such records shall be available for public inspection and
shall accurately reflect all Board proceedings;
(10) To file a written annual report with the Governor
on or before March 1 each year and such additional reports
as the Governor may request. The annual report shall
include a statement of receipts and disbursements by the
Board, actions taken by the Board, and any additional

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information and recommendations which the Board may deem
valuable or which the Governor may request;
(11) (Blank);
(12) (Blank);
(13) To assume responsibility for administration and
enforcement of the Video Gaming Act; and
(14) To adopt, by rule, a code of conduct governing
Board members and employees that ensure, to the maximum
extent possible, that persons subject to this Code avoid
situations, relationships, or associations that may
represent or lead to a conflict of interest.
Any action by the Board or staff of the Board, including,
but not limited to, denying a renewal, approving procedures
(including internal controls), levying a fine or penalty,
promotions, or other activities affecting an applicant for
licensure or a licensee, may at the discretion of the applicant
or licensee be appealed to an administrative law judge in
accordance with subsection (b) of Section 17.1.
Internal controls and changes submitted by licensees must
be reviewed and either approved or denied with cause within 60
days after receipt by the Illinois Gaming Board.
(c) The Board shall have jurisdiction over and shall
supervise all gambling operations governed by this Act,
including the operation of a casino. 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

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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
riverboat gambling operations authorized under this Act in
this State and all persons in places on riverboats where
gambling operations are conducted.
(3) To promulgate rules and regulations for the purpose
of administering the provisions of this Act and to
prescribe rules, regulations and conditions under which
all riverboat gambling operations subject to this Act 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
riverboat gambling, including rules and regulations
regarding the inspection of casinos and such riverboats and
the review of any permits or licenses necessary to operate
a riverboat or casino under any laws or regulations
applicable to riverboats, or casinos and to impose
penalties for violations thereof.
(4) To enter the office, riverboats, casinos, and other
facilities, or other places of business of a licensee,
where evidence of the compliance or noncompliance with the
provisions of this Act is likely to be found.

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(5) To investigate alleged violations of this Act or
the rules of the Board and to take appropriate disciplinary
action against a licensee or a holder of an occupational
license for a violation, or institute appropriate legal
action for enforcement, or both.
(6) To adopt standards for the licensing of all persons
under this Act, as well as for electronic or mechanical
gambling games, and to establish fees for such licenses.
(7) To adopt appropriate standards for all riverboats,
casinos, and other facilities authorized under this Act.
(8) To require that the records, including financial or
other statements of any licensee under this Act, shall be
kept in such manner as prescribed by the Board and that any
such licensee involved in the ownership or management of
gambling operations submit to the Board an annual balance
sheet and profit and loss statement, list of the
stockholders or other persons having a 1% or greater
beneficial interest in the gambling activities of each
licensee, and any other information the Board deems
necessary in order to effectively administer this Act and
all rules, regulations, orders and final decisions
promulgated under this Act.
(9) To conduct hearings, issue subpoenas for the
attendance of witnesses and subpoenas duces tecum for the
production of books, records and other pertinent documents
in accordance with the Illinois Administrative Procedure

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Act, and to administer oaths and affirmations to the
witnesses, when, in the judgment of the Board, it is
necessary to administer or enforce this Act or the Board
rules.
(10) To prescribe a form to be used by any licensee
involved in the ownership or management of gambling
operations as an application for employment for their
employees.
(11) To revoke or suspend licenses, as the Board may
see fit and in compliance with applicable laws of the State
regarding administrative procedures, and to review
applications for the renewal of licenses. The Board may
suspend an owners license or casino operator license,
without notice or hearing upon a determination that the
safety or health of patrons or employees is jeopardized by
continuing a gambling operation conducted under that
license riverboat's operation. The suspension may remain
in effect until the Board determines that the cause for
suspension has been abated. The Board may revoke the owners
license or casino operator license upon a determination
that the licensee owner has not made satisfactory progress
toward abating the hazard.
(12) To eject or exclude or authorize the ejection or
exclusion of, any person from riverboat gambling
facilities where that such person is in violation of this
Act, rules and regulations thereunder, or final orders of

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the Board, or where such person's conduct or reputation is
such that his or her presence within the riverboat gambling
facilities may, in the opinion of the Board, call into
question the honesty and integrity of the gambling
operations or interfere with the orderly conduct thereof;
provided that the propriety of such ejection or exclusion
is subject to subsequent hearing by the Board.
(13) To require all licensees of gambling operations to
utilize a cashless wagering system whereby all players'
money is converted to tokens, electronic cards, or chips
which shall be used only for wagering in the gambling
establishment.
(14) (Blank).
(15) To suspend, revoke or restrict licenses, to
require the removal of a licensee or an employee of a
licensee for a violation of this Act or a Board rule or for
engaging in a fraudulent practice, and to impose civil
penalties of up to $5,000 against individuals and up to
$10,000 or an amount equal to the daily gross receipts,
whichever is larger, against licensees for each violation
of any provision of the Act, any rules adopted by the
Board, any order of the Board or any other action which, in
the Board's discretion, is a detriment or impediment to
riverboat gambling operations.
(16) To hire employees to gather information, conduct
investigations and carry out any other tasks contemplated

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under this Act.
(17) To establish minimum levels of insurance to be
maintained by licensees.
(18) To authorize a licensee to sell or serve alcoholic
liquors, wine or beer as defined in the Liquor Control Act
of 1934 on board a riverboat or in a casino and to have
exclusive authority to establish the hours for sale and
consumption of alcoholic liquor on board a riverboat or in
a casino, notwithstanding any provision of the Liquor
Control Act of 1934 or any local ordinance, and regardless
of whether the riverboat makes excursions. The
establishment of the hours for sale and consumption of
alcoholic liquor on board a riverboat or in a casino is an
exclusive power and function of the State. A home rule unit
may not establish the hours for sale and consumption of
alcoholic liquor on board a riverboat or in a casino. This
subdivision (18) amendatory Act of 1991 is a denial and
limitation of home rule powers and functions under
subsection (h) of Section 6 of Article VII of the Illinois
Constitution.
(19) After consultation with the U.S. Army Corps of
Engineers, to establish binding emergency orders upon the
concurrence of a majority of the members of the Board
regarding the navigability of water, relative to
excursions, in the event of extreme weather conditions,
acts of God or other extreme circumstances.

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(20) To delegate the execution of any of its powers
under this Act for the purpose of administering and
enforcing this Act and its rules and regulations hereunder.
(20.5) To approve any contract entered into on its
behalf.
(20.6) To appoint investigators to conduct
investigations, searches, seizures, arrests, and other
duties imposed under this Act, as deemed necessary by the
Board. These investigators have and may exercise all of the
rights and powers of peace officers, provided that these
powers shall be limited to offenses or violations occurring
or committed on a riverboat or dock, as defined in
subsections (d) and (f) of Section 4, or as otherwise
provided by this Act or any other law.
(20.7) To contract with the Department of State Police
for the use of trained and qualified State police officers
and with the Department of Revenue for the use of trained
and qualified Department of Revenue investigators to
conduct investigations, searches, seizures, arrests, and
other duties imposed under this Act and to exercise all of
the rights and powers of peace officers, provided that the
powers of Department of Revenue investigators under this
subdivision (20.7) shall be limited to offenses or
violations occurring or committed on a riverboat or dock,
as defined in subsections (d) and (f) of Section 4, or as
otherwise provided by this Act or any other law. In the

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event the Department of State Police or the Department of
Revenue is unable to fill contracted police or
investigative positions, the Board may appoint
investigators to fill those positions pursuant to
subdivision (20.6).
(21) To supervise and regulate the Chicago Casino
Development Authority in accordance with the Chicago
Casino Development Authority Act and the provisions of this
Act.
(22) (21) To take any other action as may be reasonable
or appropriate to enforce this Act and rules and
regulations hereunder.
(d) The Board may seek and shall receive the cooperation of
the Department of State Police in conducting background
investigations of applicants and in fulfilling its
responsibilities under this Section. Costs incurred by the
Department of State Police as a result of such cooperation
shall be paid by the Board in conformance with the requirements
of Section 2605-400 of the Department of State Police Law (20
ILCS 2605/2605-400).
(e) The Board must authorize to each investigator and to
any other employee of the Board exercising the powers of a
peace officer a distinct badge that, on its face, (i) clearly
states that the badge is authorized by the Board and (ii)
contains a unique identifying number. No other badge shall be
authorized by the Board.

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(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09;
96-1000, eff. 7-2-10; 96-1392, eff. 1-1-11.)
(230 ILCS 10/5.1) (from Ch. 120, par. 2405.1)
Sec. 5.1. Disclosure of records.
(a) Notwithstanding any applicable statutory provision to
the contrary, the Board shall, on written request from any
person, provide information furnished by an applicant or
licensee concerning the applicant or licensee, his products,
services or gambling enterprises and his business holdings, as
follows:
(1) The name, business address and business telephone
number of any applicant or licensee.
(2) An identification of any applicant or licensee
including, if an applicant or licensee is not an
individual, the state of incorporation or registration,
the corporate officers, and the identity of all
shareholders or participants. If an applicant or licensee
has a pending registration statement filed with the
Securities and Exchange Commission, only the names of those
persons or entities holding interest of 5% or more must be
provided.
(3) An identification of any business, including, if
applicable, the state of incorporation or registration, in
which an applicant or licensee or an applicant's or
licensee's spouse or children has an equity interest of

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more than 1%. If an applicant or licensee is a corporation,
partnership or other business entity, the applicant or
licensee shall identify any other corporation, partnership
or business entity in which it has an equity interest of 1%
or more, including, if applicable, the state of
incorporation or registration. This information need not
be provided by a corporation, partnership or other business
entity that has a pending registration statement filed with
the Securities and Exchange Commission.
(4) Whether an applicant or licensee has been indicted,
convicted, pleaded guilty or nolo contendere, or forfeited
bail concerning any criminal offense under the laws of any
jurisdiction, either felony or misdemeanor (except for
traffic violations), including the date, the name and
location of the court, arresting agency and prosecuting
agency, the case number, the offense, the disposition and
the location and length of incarceration.
(5) Whether an applicant or licensee has had any
license or certificate issued by a licensing authority in
Illinois or any other jurisdiction denied, restricted,
suspended, revoked or not renewed and a statement
describing the facts and circumstances concerning the
denial, restriction, suspension, revocation or
non-renewal, including the licensing authority, the date
each such action was taken, and the reason for each such
action.

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(6) Whether an applicant or licensee has ever filed or
had filed against it a proceeding in bankruptcy or has ever
been involved in any formal process to adjust, defer,
suspend or otherwise work out the payment of any debt
including the date of filing, the name and location of the
court, the case and number of the disposition.
(7) Whether an applicant or licensee has filed, or been
served with a complaint or other notice filed with any
public body, regarding the delinquency in the payment of,
or a dispute over the filings concerning the payment of,
any tax required under federal, State or local law,
including the amount, type of tax, the taxing agency and
time periods involved.
(8) A statement listing the names and titles of all
public officials or officers of any unit of government, and
relatives of said public officials or officers who,
directly or indirectly, own any financial interest in, have
any beneficial interest in, are the creditors of or hold
any debt instrument issued by, or hold or have any interest
in any contractual or service relationship with, an
applicant or licensee.
(9) Whether an applicant or licensee has made, directly
or indirectly, any political contribution, or any loans,
donations or other payments, to any candidate or office
holder, within 5 years from the date of filing the
application, including the amount and the method of

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payment.
(10) The name and business telephone number of the
counsel representing an applicant or licensee in matters
before the Board.
(11) A description of any proposed or approved
riverboat or casino gaming operation, including the type of
boat, home dock or casino location, expected economic
benefit to the community, anticipated or actual number of
employees, any statement from an applicant or licensee
regarding compliance with federal and State affirmative
action guidelines, projected or actual admissions and
projected or actual adjusted gross gaming receipts.
(12) A description of the product or service to be
supplied by an applicant for a supplier's license.
(b) Notwithstanding any applicable statutory provision to
the contrary, the Board shall, on written request from any
person, also provide the following information:
(1) The amount of the wagering tax and admission tax
paid daily to the State of Illinois by the holder of an
owner's license.
(2) Whenever the Board finds an applicant for an
owner's license unsuitable for licensing, a copy of the
written letter outlining the reasons for the denial.
(3) Whenever the Board has refused to grant leave for
an applicant to withdraw his application, a copy of the
letter outlining the reasons for the refusal.

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(c) Subject to the above provisions, the Board shall not
disclose any information which would be barred by:
(1) Section 7 of the Freedom of Information Act; or
(2) The statutes, rules, regulations or
intergovernmental agreements of any jurisdiction.
(d) The Board may assess fees for the copying of
information in accordance with Section 6 of the Freedom of
Information Act.
(Source: P.A. 96-1392, eff. 1-1-11.)
(230 ILCS 10/5.3 new)
Sec. 5.3. Ethical conduct.
(a) Officials of the corporate authority of a host
community must carry out their duties and responsibilities in
such a manner as to promote and preserve public trust and
confidence in the integrity and conduct of gaming.
(b) Officials of the corporate authority of a host
community shall not use or attempt to use his or her official
position to secure or attempt to secure any privilege,
advantage, favor, or influence for himself or herself or
others.
(c) Officials of the corporate authority of a host
community may not have a financial interest, directly or
indirectly, in his or her own name or in the name of any other
person, partnership, association, trust, corporation, or other
entity in any contract or subcontract for the performance of

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any work for a riverboat or casino that is located in the host
community. This prohibition shall extend to the holding or
acquisition of an interest in any entity identified by Board
action that, in the Board's judgment, could represent the
potential for or the appearance of a financial interest. The
holding or acquisition of an interest in such entities through
an indirect means, such as through a mutual fund, shall not be
prohibited, except that the Board may identify specific
investments or funds that, in its judgment, are so influenced
by gaming holdings as to represent the potential for or the
appearance of a conflict of interest.
(d) Officials of the corporate authority of a host
community may not accept any gift, gratuity, service,
compensation, travel, lodging, or thing of value, with the
exception of unsolicited items of an incidental nature, from
any person, corporation, or entity doing business with the
riverboat or casino that is located in the host community.
(e) Officials of the corporate authority of a host
community shall not, during the period that the person is an
official of the corporate authority or for a period of 2 years
immediately after leaving such office, knowingly accept
employment or receive compensation or fees for services from a
person or entity, or its parent or affiliate, that has engaged
in business with the riverboat or casino that is located in the
host community that resulted in contracts with an aggregate
value of at least $25,000 or if that official has made a

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decision that directly applied to the person or entity, or its
parent or affiliate.
(f) A spouse, child, or parent of an official of the
corporate authority of a host community may not have a
financial interest, directly or indirectly, in his or her own
name or in the name of any other person, partnership,
association, trust, corporation, or other entity in any
contract or subcontract for the performance of any work for
riverboat or casino in the host community. This prohibition
shall extend to the holding or acquisition of an interest in
any entity identified by Board action that, in the judgment of
the Board, could represent the potential for or the appearance
of a conflict of interest. The holding or acquisition of an
interest in such entities through an indirect means, such as
through a mutual fund, shall not be prohibited, expect that the
Board may identify specific investments or funds that, in its
judgment, are so influenced by gaming holdings as to represent
the potential for or the appearance of a conflict of interest.
(g) A spouse, child, or parent of an official of the
corporate authority of a host community may not accept any
gift, gratuity, service, compensation, travel, lodging, or
thing of value, with the exception of unsolicited items of an
incidental nature, from any person, corporation, or entity
doing business with the riverboat or casino that is located in
the host community.
(h) A spouse, child, or parent of an official of the

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corporate authority of a host community may not, during the
period that the person is an official of the corporate
authority or for a period of 2 years immediately after leaving
such office, knowingly accept employment or receive
compensation or fees for services from a person or entity, or
its parent or affiliate, that has engaged in business with the
riverboat or casino that is located in the host community that
resulted in contracts with an aggregate value of at least
$25,000 or if that official has made a decision that directly
applied to the person or entity, or its parent or affiliate.
(i) Officials of the corporate authority of a host
community shall not attempt, in any way, to influence any
person or corporation doing business with the riverboat or
casino that is located in the host community or any officer,
agent, or employee thereof to hire or contract with any person
or corporation for any compensated work.
(j) Any communication between an official of the corporate
authority of a host community and any applicant for an owners
license in the host community, or an officer, director, or
employee of a riverboat or casino in the host community,
concerning any manner relating in any way to gaming shall be
disclosed to the Board. Such disclosure shall be in writing by
the official within 30 days after the communication and shall
be filed with the Board. Disclosure must consist of the date of
the communication, the identity and job title of the person
with whom the communication was made, a brief summary of the

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communication, the action requested or recommended, all
responses made, the identity and job title of the person making
the response, and any other pertinent information. Public
disclosure of the written summary provided to the Board and the
Gaming Board shall be subject to the exemptions provided under
the Freedom of Information Act.
(k) Any official who violates any provision of this Section
is guilty of a Class 4 felony.
(l) For purposes of this Section, "host community" or "host
municipality" means a unit of local government that contains a
riverboat or casino within its borders.
(m) Any person or business entity that holds a license or
is an applicant for a license under this Act, and any
affiliated entity or affiliated person of such business entity,
are prohibited from making any contributions to any political
committees or campaigns established to promote the candidacy of
any officeholder or any other declared candidate for any office
in Illinois. For licensees, this prohibition shall be effective
for a period of 2 years following the expiration, termination,
or revocation of a license. For applicants who do not receive a
license, this prohibition shall be in place from the time
applications are solicited until the application has been
denied or the license at issue has been awarded and any related
protests or legal actions have been completed. For purposes of
this Section, the definitions of "business entity",
"affiliated person", and "affiliated entity" set forth in

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Section 50-37 of the Illinois Procurement Code shall apply.
Any person or entity that makes a prohibited political
contribution is subject to a fine of up to $200,000 per
violation and any other action deemed appropriate by the
Illinois Gaming Board.
(n) Any casino operator licensee, applicant for a casino
operator license, or affiliated entity that has a contract or a
pending bid or proposal with the Chicago Casino Development
Authority or the Chicago Casino Operator/Developer, shall be
prohibited from making any contributions to any political
committees or campaigns established to promote the candidacy of
any officeholder or any other declared candidates for any
office in Illinois. This prohibition shall be effective for a
period of 2 years following the expiration or termination of
the contracts. For such companies that have pending bids or
proposals, the contribution ban shall begin on the date the
invitation for bids or request for proposals is issued.
All contracts between the Chicago Casino Development
Authority or the Chicago Casino Operator/Developer and a
business entity that violates this Section shall be voidable.
If this provision is violated more than 3 times in a 36-month
period, then all such contracts shall be void. Furthermore,
that business entity will be prohibited from doing any business
with the Illinois Gaming Board, the Illinois Racing Board, the
Chicago Casino Development Authority, or the Chicago Casino
Operator/Developer for 3 years from the date of the last

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violation. A notice of each violation and corresponding penalty
shall be published in the Illinois Register and the Illinois
Procurement Bulletin.
Any person or entity that makes a prohibited political
contribution is subject to a fine of up to $200,000 per
violation and any other action deemed appropriate by the
Illinois Gaming Board.
(230 ILCS 10/6) (from Ch. 120, par. 2406)
Sec. 6. Application for Owners License.
(a) A qualified person may apply to the Board for an owners
license to conduct a riverboat gambling operation as provided
in this Act. The application shall be made on forms provided by
the Board and shall contain such information as the Board
prescribes, including but not limited to the identity of the
riverboat on which such gambling operation is to be conducted,
if applicable, and the exact location where such riverboat or
casino will be located docked, a certification that the
riverboat will be registered under this Act at all times during
which gambling operations are conducted on board, detailed
information regarding the ownership and management of the
applicant, and detailed personal information regarding the
applicant. Any application for an owners license to be
re-issued on or after June 1, 2003 shall also include the
applicant's license bid in a form prescribed by the Board.
Information provided on the application shall be used as a

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basis for a thorough background investigation which the Board
shall conduct with respect to each applicant. An incomplete
application shall be cause for denial of a license by the
Board.
(a-5) In addition to any other information required under
this Section, each application for an owners license must
include the following information:
(1) The history and success of the applicant and each
person and entity disclosed under subsection (c) of this
Section in developing tourism facilities ancillary to
gaming, if applicable.
(2) The likelihood that granting a license to the
applicant will lead to the creation of quality, living wage
jobs and permanent, full-time jobs for residents of the
State and residents of the unit of local government that is
designated as the home dock of the proposed facility where
gambling is to be conducted by the applicant.
(3) The projected number of jobs that would be created
if the license is granted and the projected number of new
employees at the proposed facility where gambling is to be
conducted by the applicant.
(4) The record of the applicant and its developer in
meeting commitments to local agencies, community-based
organizations, and employees at other locations where the
applicant or its developer has performed similar functions
as they would perform if the applicant were granted a

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license.
(5) Identification of adverse effects that might be
caused by the proposed facility where gambling is to be
conducted by the applicant, including the costs of meeting
increased demand for public health care, child care, public
transportation, affordable housing, and social services,
and a plan to mitigate those adverse effects.
(6) The record of the applicant and its developer
regarding compliance with:
(A) federal, state, and local discrimination, wage
and hour, disability, and occupational and
environmental health and safety laws; and
(B) state and local labor relations and employment
laws.
(7) The applicant's record in dealing with its
employees and their representatives at other locations.
(8) A plan concerning the utilization of minority
person-owned and female-owned businesses and concerning
the hiring of minorities and females.
(9) Evidence the applicant used its best efforts to
reach a goal of 25% ownership representation by minority
persons and 5% ownership representation by females.
(b) Applicants shall submit with their application all
documents, resolutions, and letters of support from the
governing body that represents the municipality or county
wherein the licensee will be located dock.

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(c) Each applicant shall disclose the identity of every
person, association, trust or corporation having a greater than
1% direct or indirect pecuniary interest in the riverboat
gambling operation with respect to which the license is sought.
If the disclosed entity is a trust, the application shall
disclose the names and addresses of the beneficiaries; if a
corporation, the names and addresses of all stockholders and
directors; if a partnership, the names and addresses of all
partners, both general and limited.
(d) An application shall be filed and considered in
accordance with the rules of the Board. An application fee of
$50,000 shall be paid at the time of filing to defray the costs
associated with the background investigation conducted by the
Board. If the costs of the investigation exceed $50,000, the
applicant shall pay the additional amount to the Board. If the
costs of the investigation are less than $50,000, the applicant
shall receive a refund of the remaining amount. All
information, records, interviews, reports, statements,
memoranda or other data supplied to or used by the Board in the
course of its review or investigation of an application for a
license or a renewal under this Act shall be privileged,
strictly confidential and shall be used only for the purpose of
evaluating an applicant for a license or a renewal. Such
information, records, interviews, reports, statements,
memoranda or other data shall not be admissible as evidence,
nor discoverable in any action of any kind in any court or

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before any tribunal, board, agency or person, except for any
action deemed necessary by the Board.
(e) The Board shall charge each applicant a fee set by the
Department of State Police to defray the costs associated with
the search and classification of fingerprints obtained by the
Board with respect to the applicant's application. These fees
shall be paid into the State Police Services Fund.
(f) The licensed owner shall be the person primarily
responsible for the boat or casino itself. Only one riverboat
gambling operation may be authorized by the Board on any
riverboat or in any casino. The applicant must identify the
each riverboat or premises it intends to use and certify that
the riverboat or premises: (1) has the authorized capacity
required in this Act; (2) is accessible to disabled persons;
and (3) is fully registered and licensed in accordance with any
applicable laws.
(g) A person who knowingly makes a false statement on an
application is guilty of a Class A misdemeanor.
(Source: P.A. 96-1392, eff. 1-1-11.)
(230 ILCS 10/7) (from Ch. 120, par. 2407)
Sec. 7. Owners Licenses.
(a) The Board shall issue owners licenses to persons, firms
or corporations which apply for such licenses upon payment to
the Board of the non-refundable license fee set by the Board,
upon payment of a $25,000 license fee for the first year of

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operation and a $5,000 license fee for each succeeding year and
upon a determination by the Board that the applicant is
eligible for an owners license pursuant to this Act and the
rules of the Board. From the effective date of this amendatory
Act of the 95th General Assembly until (i) 3 years after the
effective date of this amendatory Act of the 95th General
Assembly, (ii) the date any organization licensee begins to
operate a slot machine or video game of chance under the
Illinois Horse Racing Act of 1975 or this Act, (iii) the date
that payments begin under subsection (c-5) of Section 13 of the
Act, or (iv) the wagering tax imposed under Section 13 of this
Act is increased by law to reflect a tax rate that is at least
as stringent or more stringent than the tax rate contained in
subsection (a-3) of Section 13, or (v) when an owners licensee
holding a license issued pursuant to Section 7.1 of this Act
begins conducting gaming, whichever occurs first, as a
condition of licensure and as an alternative source of payment
for those funds payable under subsection (c-5) of Section 13 of
this the Riverboat Gambling Act, any owners licensee that holds
or receives its owners license on or after the effective date
of this amendatory Act of the 94th General Assembly, other than
an owners licensee operating a riverboat with adjusted gross
receipts in calendar year 2004 of less than $200,000,000, must
pay into the Horse Racing Equity Trust Fund, in addition to any
other payments required under this Act, an amount equal to 3%
of the adjusted gross receipts received by the owners licensee.

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The payments required under this Section shall be made by the
owners licensee to the State Treasurer no later than 3:00
o'clock p.m. of the day after the day when the adjusted gross
receipts were received by the owners licensee. A person, firm
or corporation is ineligible to receive an owners license if:
(1) the person has been convicted of a felony under the
laws of this State, any other state, or the United States;
(2) the person has been convicted of any violation of
Article 28 of the Criminal Code of 1961, or substantially
similar laws of any other jurisdiction;
(3) the person has submitted an application for a
license under this Act which contains false information;
(4) the person is a member of the Board;
(5) a person defined in (1), (2), (3) or (4) is an
officer, director or managerial employee of the firm or
corporation;
(6) the firm or corporation employs a person defined in
(1), (2), (3) or (4) who participates in the management or
operation of gambling operations authorized under this
Act;
(7) (blank); or
(8) a license of the person, firm or corporation issued
under this Act, or a license to own or operate gambling
facilities in any other jurisdiction, has been revoked.
The Board is expressly prohibited from making changes to
the requirement that licensees make payment into the Horse

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Racing Equity Trust Fund without the express authority of the
Illinois General Assembly and making any other rule to
implement or interpret this amendatory Act of the 95th General
Assembly. For the purposes of this paragraph, "rules" is given
the meaning given to that term in Section 1-70 of the Illinois
Administrative Procedure Act.
(b) In determining whether to grant an owners license to an
applicant, the Board shall consider:
(1) the character, reputation, experience and
financial integrity of the applicants and of any other or
separate person that either:
(A) controls, directly or indirectly, such
applicant, or
(B) is controlled, directly or indirectly, by such
applicant or by a person which controls, directly or
indirectly, such applicant;
(2) the facilities or proposed facilities for the
conduct of riverboat gambling;
(3) the highest prospective total revenue to be derived
by the State from the conduct of riverboat gambling;
(4) the extent to which the ownership of the applicant
reflects the diversity of the State by including minority
persons, females, and persons with a disability and the
good faith affirmative action plan of each applicant to
recruit, train and upgrade minority persons, females, and
persons with a disability in all employment

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classifications;
(5) the financial ability of the applicant to purchase
and maintain adequate liability and casualty insurance;
(6) whether the applicant has adequate capitalization
to provide and maintain, for the duration of a license, a
riverboat or casino;
(7) the extent to which the applicant exceeds or meets
other standards for the issuance of an owners license which
the Board may adopt by rule; and
(8) the The amount of the applicant's license bid; .
(9) the extent to which the applicant or the proposed
host municipality plans to enter into revenue sharing
agreements with communities other than the host
municipality and the terms of those agreements; and
(10) the extent to which the ownership of an applicant
includes the most qualified number of minority persons,
females, and persons with a disability.
(c) Each owners license shall specify the place where the
casino riverboats shall operate or the riverboat shall operate
and dock.
(d) Each applicant shall submit with his application, on
forms provided by the Board, 2 sets of his fingerprints.
(e) In addition to any licenses authorized under subsection
(e-5) of this Section, the The Board may issue up to 10
licenses authorizing the holders of such licenses to own
riverboats. In the application for an owners license, the

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applicant shall state the dock at which the riverboat is based
and the water on which the riverboat will be located. The Board
shall issue 5 licenses to become effective not earlier than
January 1, 1991. Three of such licenses shall authorize
riverboat gambling on the Mississippi River, or, with approval
by the municipality in which the riverboat was docked on August
7, 2003 and with Board approval, be authorized to relocate to a
new location, in a municipality that (1) borders on the
Mississippi River or is within 5 miles of the city limits of a
municipality that borders on the Mississippi River and (2), on
August 7, 2003, had a riverboat conducting riverboat gambling
operations pursuant to a license issued under this Act; one of
which shall authorize riverboat gambling from a home dock in
the city of East St. Louis. One other license shall authorize
riverboat gambling on the Illinois River in Tazewell County or,
with approval by a municipality in which such riverboat was
docked on January 1, 2010 and with Board approval, shall
authorize the riverboat to relocate to a new location that is
no more than 10 miles away from its original location, in a
municipality that (1) borders on the Illinois River or is
within 5 miles of the city limits of a municipality that
borders on the Illinois River and (2) on January 1, 2010, had a
riverboat conducting riverboat gambling operations pursuant to
a license issued under this Act south of Marshall County. The
Board shall issue one additional license to become effective
not earlier than March 1, 1992, which shall authorize riverboat

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gambling on the Des Plaines River in Will County. The Board may
issue 4 additional licenses to become effective not earlier
than March 1, 1992. In determining the water upon which
riverboats will operate, the Board shall consider the economic
benefit which riverboat gambling confers on the State, and
shall seek to assure that all regions of the State share in the
economic benefits of riverboat gambling.
In granting all licenses, the Board may give favorable
consideration to economically depressed areas of the State, to
applicants presenting plans which provide for significant
economic development over a large geographic area, and to
applicants who currently operate non-gambling riverboats in
Illinois. The Board shall review all applications for owners
licenses, and shall inform each applicant of the Board's
decision. The Board may grant an owners license to an applicant
that has not submitted the highest license bid, but if it does
not select the highest bidder, the Board shall issue a written
decision explaining why another applicant was selected and
identifying the factors set forth in this Section that favored
the winning bidder.
(e-5) In addition to licenses authorized under subsection
(e) of this Section, the Board may issue the following
licenses:
(1) One owners license authorizing the conduct of
casino gambling in the City of Chicago.
(2) One owners license authorizing the conduct of

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riverboat gambling in the City of Danville.
(3) One owners license authorizing the conduct of
riverboat gambling located in Lake County.
(4) One owners license authorizing the conduct of
riverboat gambling in the City of Rockford.
(5) One owners license authorizing the conduct of
riverboat gambling in a municipality that is located in one
of the following townships of Cook County: Bloom, Bremen,
Calumet, Rich, Thornton, or Worth Township.
(e-10) The licenses authorized under subsection (e-5) of
this Section shall be issued within 12 months after an initial
application is filed for each of the locations identified in
subsection (e-5). The Board may extend this period for no
longer than 6 months and shall provide the reasons for the
extension. The fee for the issuance or renewal of a license
issued pursuant to subsection (e-5) shall be $100,000.
Additionally, a licensee located outside of Cook County shall
pay a minimum initial fee of $25,000 per gaming position, and a
licensee located in Cook County shall pay $50,000 per gaming
position. The initial fees payable under this subsection (e-10)
shall be deposited into the Gaming Facilities Fee Revenue Fund.
(e-15) Each licensee of a license authorized under
subsection (e-5) of this Section shall make a reconciliation
payment 3 years after the date the licensee begins operating in
an amount equal to 75% of the adjusted gross receipts for the
most lucrative 12-month period of operations, minus an amount

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equal to the initial $25,000 or $50,000 or such other amount as
was paid per gaming position, whichever was the initial amount
paid by the specific licensee. If this calculation results in a
negative amount, then the licensee is not entitled to any
reimbursement of fees previously paid. This reconciliation
payment may be made in installments over a period of no more
than 2 years, subject to Board approval. Any installment
payments shall include an annual market interest rate as
determined by the Board. All payments by licensees under this
subsection (e-15) shall be deposited into the Gaming Facilities
Fee Revenue Fund.
(e-20) In addition to any other revocation powers granted
to the Board under this Act, the Board may revoke the owners
license of a licensee which fails to begin conducting gambling
within 15 months of receipt of the Board's approval of the
application if the Board determines that license revocation is
in the best interests of the State.
(e-25) The provisions of this subsection (e-25) apply only
to an owners licensee of a license issued or re-issued pursuant
to Section 7.1 of this Act and if the owners licensee was found
preliminarily suitable or suitable by the Board prior to the
effective date of this amendatory Act of the 97th General
Assembly. The owners licensee shall pay (i) a $100,000 fee for
the issuance or renewal of its license and (ii) an initial fee
of $50,000 per gaming position in place of, and not in addition
to, the initial fee required under subsection (h) of this

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Section. Additionally, the owners licensee shall make a
reconciliation payment on July 1, 2016 in an amount equal to
75% of the average annual adjusted gross receipts, minus an
amount equal to the $50,000 initial payment per gaming
position. If this calculation results in a negative amount,
then the owners licensee is not entitled to any reimbursement
of fees previously paid. This reconciliation payment may be
made in installments over a period of no more than 5 years,
subject to Board approval. Any installment payments shall
include an annual market interest rate as determined by the
Board. All payments by licensees under this subsection (e-25)
shall be deposited into the Gaming Facilities Fee Revenue Fund.
For any payments required under this Section 7, the owners
licensee shall receive (i) a credit for any amounts that the
owners licensee has paid to the State or the Board or their
agents prior to November 1, 2010 for consultants, licensing
fees, up-front fees, or other items and (ii) a credit for the
payments that the unit of local government has pledged to remit
to the State, which shall be equal to the present value of such
payments as determined by the Board in its decision dated
January 14, 2009. An owners licensee subject to this subsection
(e-25) shall only pay the initial fees required pursuant to
this subsection and shall not have to pay any initial fees or
payments that were ordered by the Board prior to November 1,
2010. However, any payments that have been made by an owners
licensee subject to this subsection (e-25) to the State or to

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the Board or their agents shall remain with the State and the
owners licensee shall receive a credit as specified in this
subsection (e-25).
In the event the owners licensee has made payments on or
after November 1, 2010 but prior to the effective date of this
amendatory Act of the 97th General Assembly to the State or the
Board or their agents towards the amount it bid during the
selection process to receive its owners license, then such
payments shall be refunded to the owners licensee. The refund
shall be in the form of a credit, which shall offset taxes due
under Section 12 and Section 13 in the amount of such prior
payments to the State or the Board or their agents as such
taxes under Section 12 and Section 13 become due, and which
credit shall be in addition to any other credit granted in this
subsection (e-25) and elsewhere in the Illinois Gambling Act.
If any credit granted in this subsection (e-25) is not fully
utilized in any given year, then the remainder shall be carried
forward to subsequent years until such credit has been fully
utilized. Consistent with the provisions contained in this
subsection (e-25), the owners licensee shall be treated as
having paid the amount of taxes due under Sections 12 and 13
without reduction for the credit granted in this subsection
(e-25), and the amount of such credit shall be considered a
refund of the owners licensee bid amount as such credit is
utilized.
(f) The first 10 owners licenses issued under this Act

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shall permit the holder to own up to 2 riverboats and equipment
thereon for a period of 3 years after the effective date of the
license. Holders of the first 10 owners licenses must pay the
annual license fee for each of the 3 years during which they
are authorized to own riverboats.
(g) Upon the termination, expiration, or revocation of each
of the first 10 licenses, which shall be issued for a 3 year
period, all licenses are renewable annually upon payment of the
fee and a determination by the Board that the licensee
continues to meet all of the requirements of this Act and the
Board's rules. However, for licenses renewed on or after May 1,
1998, including casino operator licenses, renewal shall be for
a period of 4 years, unless the Board sets a shorter period,
subject to a determination that the licensee continues to meet
all of the requirements of this Act and the Board's rules.
(h) An owners license, except for an owners license issued
under subsection (e-5) of this Section, shall entitle the
licensee to own up to 2 riverboats.
An owners licensee of a casino or riverboat that is located
in the City of Chicago pursuant to subsection (e-5) of this
Section shall limit the number of gaming positions to 4,000 for
such owners. All other licensees A licensee shall limit the
number of gaming positions gambling participants to 1,200 for
any such owners license, except as provided in subsection
(h-5).
A licensee may operate both of its riverboats concurrently,

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provided that the total number of gaming positions gambling
participants on both riverboats does not exceed 1,200, except
as provided in subsection (h-5) . Riverboats licensed to
operate on the Mississippi River and the Illinois River south
of Marshall County shall have an authorized capacity of at
least 500 persons. Any other riverboat licensed under this Act
shall have an authorized capacity of at least 400 persons.
(h-5) The Board shall award an additional 3,200 gaming
positions to owners licensees in operation on the effective
date of this amendatory Act of the 97th General Assembly within
3 years of the effective date of this amendatory Act of the
97th General Assembly in accordance with the provisions of this
subsection. The Board shall solicit bids from those owners
licensees seeking to obtain additional gaming positions,
provided, however, that an owners license may not exceed more
than 2,000 gaming positions. The Board shall award gaming
positions to the highest bidders. The Board may adopt rules to
implement the provisions of this subsection.
(i) A licensed owner is authorized to apply to the Board
for and, if approved therefor, to receive all licenses from the
Board necessary for the operation of a riverboat or a casino,
including a liquor license, a license to prepare and serve food
for human consumption, and other necessary licenses. All use,
occupation and excise taxes which apply to the sale of food and
beverages in this State and all taxes imposed on the sale or
use of tangible personal property apply to such sales aboard

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the riverboat or in the casino.
(j) The Board may issue or re-issue a license authorizing a
riverboat to dock in a municipality or approve a relocation
under Section 11.2 only if, prior to the issuance or
re-issuance of the license or approval, the governing body of
the municipality in which the riverboat will dock has by a
majority vote approved the docking of riverboats in the
municipality. The Board may issue or re-issue a license
authorizing a riverboat to dock in areas of a county outside
any municipality or approve a relocation under Section 11.2
only if, prior to the issuance or re-issuance of the license or
approval, the governing body of the county has by a majority
vote approved of the docking of riverboats within such areas.
(k) An owners licensee may conduct land-based gambling
operations upon approval by the Board.
(l) An owners licensee may conduct gaming at a temporary
facility pending the construction of a permanent facility or
the remodeling or relocation of an existing facility to
accommodate gaming participants for up to 24 months after the
temporary facility begins to conduct gaming. Upon request by an
owners licensee and upon a showing of good cause by the owners
licensee, the Board shall extend the period during which the
licensee may conduct gaming at a temporary facility by up to 12
months. The Board shall make rules concerning the conduct of
gaming from temporary facilities.
(Source: P.A. 95-1008, eff. 12-15-08; 96-1392, eff. 1-1-11.)

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(230 ILCS 10/7.3)
Sec. 7.3. State conduct of gambling operations.
(a) If, after reviewing each application for a re-issued
license, the Board determines that the highest prospective
total revenue to the State would be derived from State conduct
of the gambling operation in lieu of re-issuing the license,
the Board shall inform each applicant of its decision. The
Board shall thereafter have the authority, without obtaining an
owners license, to conduct riverboat gambling operations as
previously authorized by the terminated, expired, revoked, or
nonrenewed license through a licensed manager selected
pursuant to an open and competitive bidding process as set
forth in Section 7.5 and as provided in Section 7.4.
(b) The Board may locate any riverboat on which a gambling
operation is conducted by the State in any home dock location
authorized by Section 3(c) upon receipt of approval from a
majority vote of the governing body of the municipality or
county, as the case may be, in which the riverboat will dock.
(c) The Board shall have jurisdiction over and shall
supervise all gambling operations conducted by the State
provided for in this Act and shall have all powers necessary
and proper to fully and effectively execute the provisions of
this Act relating to gambling operations conducted by the
State.
(d) The maximum number of owners licenses authorized under

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Section 7 7(e) shall be reduced by one for each instance in
which the Board authorizes the State to conduct a riverboat
gambling operation under subsection (a) in lieu of re-issuing a
license to an applicant under Section 7.1.
(Source: P.A. 93-28, eff. 6-20-03.)
(230 ILCS 10/7.5)
Sec. 7.5. Competitive Bidding. When the Board determines
that it will re-issue an owners license pursuant to an open and
competitive bidding process, as set forth in Section 7.1, or
that it will issue a managers license pursuant to an open and
competitive bidding process, as set forth in Section 7.4, or
that it will issue an owners license pursuant to an open and
competitive bidding process, as set forth in Section 7.11, the
open and competitive bidding process shall adhere to the
following procedures:
(1) The Board shall make applications for owners and
managers licenses available to the public and allow a
reasonable time for applicants to submit applications to the
Board.
(2) During the filing period for owners or managers license
applications, the Board may retain the services of an
investment banking firm to assist the Board in conducting the
open and competitive bidding process.
(3) After receiving all of the bid proposals, the Board
shall open all of the proposals in a public forum and disclose

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the prospective owners or managers names, venture partners, if
any, and, in the case of applicants for owners licenses, the
locations of the proposed development sites.
(4) The Board shall summarize the terms of the proposals
and may make this summary available to the public.
(5) The Board shall evaluate the proposals within a
reasonable time and select no more than 3 final applicants to
make presentations of their proposals to the Board.
(6) The final applicants shall make their presentations to
the Board on the same day during an open session of the Board.
(7) As soon as practicable after the public presentations
by the final applicants, the Board, in its discretion, may
conduct further negotiations among the 3 final applicants.
During such negotiations, each final applicant may increase its
license bid or otherwise enhance its bid proposal. At the
conclusion of such negotiations, the Board shall select the
winning proposal. In the case of negotiations for an owners
license, the Board may, at the conclusion of such negotiations,
make the determination allowed under Section 7.3(a).
(8) Upon selection of a winning bid, the Board shall
evaluate the winning bid within a reasonable period of time for
licensee suitability in accordance with all applicable
statutory and regulatory criteria.
(9) If the winning bidder is unable or otherwise fails to
consummate the transaction, (including if the Board determines
that the winning bidder does not satisfy the suitability

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requirements), the Board may, on the same criteria, select from
the remaining bidders or make the determination allowed under
Section 7.3(a).
(Source: P.A. 93-28, eff. 6-20-03.)
(230 ILCS 10/7.8 new)
Sec. 7.8. Casino operator license.
(a) A qualified person may apply to the Board for a casino
operator license to operate and manage any gambling operation
conducted by the Authority. The application shall be made on
forms provided by the Board and shall contain such information
as the Board prescribes, including but not limited to
information required in Sections 6(a), (b), and (c) and
information relating to the applicant's proposed price to
manage the Authority's gambling operations and to provide the
casino, gambling equipment, and supplies necessary to conduct
Authority gambling operations.
(b) A person, firm, or corporation is ineligible to receive
a casino operator license if:
(1) the person has been convicted of a felony under the
laws of this State, any other state, or the United States;
(2) the person has been convicted of any violation of
Article 28 of the Criminal Code of 1961, or substantially
similar laws of any other jurisdiction;
(3) the person has submitted an application for a
license under this Act which contains false information;

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(4) the person is a member of the Board;
(5) a person defined in (1), (2), (3), or (4) is an
officer, director, or managerial employee of the firm or
corporation;
(6) the firm or corporation employs a person defined in
(1), (2), (3), or (4) who participates in the management or
operation of gambling operations authorized under this
Act; or
(7) a license of the person, firm, or corporation
issued under this Act, or a license to own or operate
gambling facilities in any other jurisdiction, has been
revoked.
(c) In determining whether to grant a casino operator
license, the Board shall consider:
(1) the character, reputation, experience and
financial integrity of the applicants and of any other or
separate person that either:
(A) controls, directly or indirectly, such
applicant, or
(B) is controlled, directly or indirectly, by such
applicant or by a person which controls, directly or
indirectly, such applicant;
(2) the facilities or proposed facilities for the
conduct of gambling;
(3) the preference of the municipality in which the
licensee will operate;

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(4) the extent to which the ownership of the applicant
reflects the diversity of the State by including minority
persons and females and the good faith affirmative action
plan of each applicant to recruit, train, and upgrade
minority persons and females in all employment
classifications;
(5) the financial ability of the applicant to purchase
and maintain adequate liability and casualty insurance;
(6) whether the applicant has adequate capitalization
to provide and maintain, for the duration of a license, a
casino; and
(7) the extent to which the applicant exceeds or meets
other standards for the issuance of a managers license that
the Board may adopt by rule.
(d) Each applicant shall submit with his or her
application, on forms prescribed by the Board, 2 sets of his or
her fingerprints.
(e) The Board shall charge each applicant a fee, set by the
Board, to defray the costs associated with the background
investigation conducted by the Board.
(f) A person who knowingly makes a false statement on an
application is guilty of a Class A misdemeanor.
(g) The casino operator license shall be issued only upon
proof that it has entered into a labor peace agreement with
each labor organization that is actively engaged in
representing and attempting to represent casino and

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hospitality industry workers in this State. The labor peace
agreement must be a valid and enforceable agreement under 29
U.S.C. 185 that protects the city's and State's revenues from
the operation of the casino facility by prohibiting the labor
organization and its members from engaging in any picketing,
work stoppages, boycotts, or any other economic interference
with the casino facility for at least the first 5 years of the
casino license and must cover all operations at the casino
facility that are conducted by lessees or tenants or under
management agreements.
(h) The casino operator license shall be for a term to be
determined by the Authority, shall be renewable at the Board's
option, and shall contain such terms and provisions as the
Board deems necessary to protect or enhance the credibility and
integrity of State gambling operations, achieve the highest
prospective total revenue to the State, and otherwise serve the
interests of the citizens of Illinois. The Board may revoke the
license:
(1) for violation of any provision of this Act;
(2) for violation of any rules of the Board;
(3) for any cause which, if known to the Board, would
have disqualified the applicant from receiving the
license; or
(4) for any other just cause.
(230 ILCS 10/7.9 new)

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Sec. 7.9. Diversity program.
(a) Each owners licensee, electronic gaming licensee,
casino operator licensee, and suppliers licensee shall
establish and maintain a diversity program to ensure
non-discrimination in the award and administration of
contracts. The programs shall establish goals of awarding not
less than 20% of the annual dollar value of all contracts,
purchase orders, or other agreements to minority owned
businesses and 5% of the annual dollar value of all contracts
to female owned businesses.
(b) Each owners licensee, electronic gaming licensee,
casino operator licensee, and suppliers licensee shall
establish and maintain a diversity program designed to promote
equal opportunity for employment. The program shall establish
hiring goals as the Board and each licensee determines
appropriate. The Board shall monitor the progress of the gaming
licensee's progress with respect to the program's goals.
(c) No later than May 31 of each year, each licensee shall
report to the Board the number of respective employees and the
number of their respective employees who have designated
themselves as members of a minority group and gender. In
addition, all licensees shall submit a report with respect to
the minority owned and female owned businesses program created
in this Section to the Board.
(230 ILCS 10/7.10 new)

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Sec. 7.10. Annual report on diversity.
(a) Each licensee that receives a license under Sections 7,
7.1, and 7.6 shall execute and file a report with the Board no
later than December 31 of each year that shall contain, but not
be limited to, the following information:
(i) a good faith affirmative action plan to recruit,
train, and upgrade minority persons, females, and persons
with a disability in all employment classifications;
(ii) the total dollar amount of contracts that were
awarded to businesses owned by minority persons, females,
and persons with a disability;
(iii) the total number of businesses owned by minority
persons, females, and persons with a disability that were
utilized by the licensee;
(iv) the utilization of businesses owned by minority
persons, females, and persons with disabilities during the
preceding year; and
(v) the outreach efforts used by the licensee to
attract investors and businesses consisting of minority
persons, females, and persons with a disability.
(b) The Board shall forward a copy of each licensee's
annual reports to the General Assembly no later than February 1
of each year.
(230 ILCS 10/7.11 new)
Sec. 7.11. Issuance of new owners licenses.

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(a) Owners licenses newly authorized pursuant to this
amendatory Act of the 97th General Assembly may be issued by
the Board to a qualified applicant pursuant to an open and
competitive bidding process, as set forth in Section 7.5, and
subject to the maximum number of authorized licenses set forth
in subsection (e-5) of Section 7 of this Act.
(b) To be a qualified applicant, a person, firm, or
corporation may not be ineligible to receive an owners license
under subsection (a) of Section 7 of this Act and must submit
an application for an owners license that complies with Section
6 of this Act.
(c) In determining whether to grant an owners license to an
applicant, the Board shall consider all of the factors set
forth in subsections (b) and (e-5) of Section 7 of this Act, as
well as the amount of the applicant's license bid. The Board
may grant the owners license to an applicant that has not
submitted the highest license bid, but if it does not select
the highest bidder, the Board shall issue a written decision
explaining why another applicant was selected and identifying
the factors set forth in subsections (b) and (e-5) of Section 7
of this Act that favored the winning bidder.
(230 ILCS 10/7.12 new)
Sec. 7.12. Environmental standards. All casinos,
riverboats, and electronic gaming facilities shall consist of
buildings that are certified as meeting the U.S. Green Building

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Council's Leadership in Energy and Environmental Design
standards. The provisions of this Section apply to a holder of
an owners license, casino operator license, or electronic
gaming license that (i) begins operations on or after January
1, 2012 or (ii) relocates its facilities on or after the
effective date of this amendatory Act of the 97th General
Assembly.
(230 ILCS 10/8) (from Ch. 120, par. 2408)
Sec. 8. Suppliers licenses.
(a) The Board may issue a suppliers license to such
persons, firms or corporations which apply therefor upon the
payment of a non-refundable application fee set by the Board,
upon a determination by the Board that the applicant is
eligible for a suppliers license and upon payment of a $5,000
annual license fee.
(b) The holder of a suppliers license is authorized to sell
or lease, and to contract to sell or lease, gambling equipment
and supplies to any licensee involved in the ownership or
management of gambling operations.
(c) Gambling supplies and equipment may not be distributed
unless supplies and equipment conform to standards adopted by
rules of the Board.
(d) A person, firm or corporation is ineligible to receive
a suppliers license if:
(1) the person has been convicted of a felony under the

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laws of this State, any other state, or the United States;
(2) the person has been convicted of any violation of
Article 28 of the Criminal Code of 1961, or substantially
similar laws of any other jurisdiction;
(3) the person has submitted an application for a
license under this Act which contains false information;
(4) the person is a member of the Board;
(5) the firm or corporation is one in which a person
defined in (1), (2), (3) or (4), is an officer, director or
managerial employee;
(6) the firm or corporation employs a person who
participates in the management or operation of riverboat
gambling authorized under this Act;
(7) the license of the person, firm or corporation
issued under this Act, or a license to own or operate
gambling facilities in any other jurisdiction, has been
revoked.
(e) Any person that supplies any equipment, devices, or
supplies to a licensed riverboat gambling operation or casino
must first obtain a suppliers license. A supplier shall furnish
to the Board a list of all equipment, devices and supplies
offered for sale or lease in connection with gambling games
authorized under this Act. A supplier shall keep books and
records for the furnishing of equipment, devices and supplies
to gambling operations separate and distinct from any other
business that the supplier might operate. A supplier shall file

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a quarterly return with the Board listing all sales and leases.
A supplier shall permanently affix its name to all its
equipment, devices, and supplies for gambling operations. Any
supplier's equipment, devices or supplies which are used by any
person in an unauthorized gambling operation shall be forfeited
to the State. A holder of an owners license A licensed owner
may own its own equipment, devices and supplies. Each holder of
an owners license under the Act shall file an annual report
listing its inventories of gambling equipment, devices and
supplies.
(f) Any person who knowingly makes a false statement on an
application is guilty of a Class A misdemeanor.
(g) Any gambling equipment, devices and supplies provided
by any licensed supplier may either be repaired on the
riverboat or in the casino or removed from the riverboat or
casino to a an on-shore facility owned by the holder of an
owners license for repair.
(Source: P.A. 86-1029; 87-826.)
(230 ILCS 10/9) (from Ch. 120, par. 2409)
Sec. 9. Occupational licenses.
(a) The Board may issue an occupational license to an
applicant upon the payment of a non-refundable fee set by the
Board, upon a determination by the Board that the applicant is
eligible for an occupational license and upon payment of an
annual license fee in an amount to be established. To be

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eligible for an occupational license, an applicant must:
(1) be at least 21 years of age if the applicant will
perform any function involved in gaming by patrons. Any
applicant seeking an occupational license for a non-gaming
function shall be at least 18 years of age;
(2) not have been convicted of a felony offense, a
violation of Article 28 of the Criminal Code of 1961, or a
similar statute of any other jurisdiction;
(2.5) not have been convicted of a crime, other than a
crime described in item (2) of this subsection (a),
involving dishonesty or moral turpitude, except that the
Board may, in its discretion, issue an occupational license
to a person who has been convicted of a crime described in
this item (2.5) more than 10 years prior to his or her
application and has not subsequently been convicted of any
other crime;
(3) have demonstrated a level of skill or knowledge
which the Board determines to be necessary in order to
operate gambling aboard a riverboat or in a casino; and
(4) have met standards for the holding of an
occupational license as adopted by rules of the Board. Such
rules shall provide that any person or entity seeking an
occupational license to manage gambling operations
hereunder shall be subject to background inquiries and
further requirements similar to those required of
applicants for an owners license. Furthermore, such rules

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shall provide that each such entity shall be permitted to
manage gambling operations for only one licensed owner.
(b) Each application for an occupational license shall be
on forms prescribed by the Board and shall contain all
information required by the Board. The applicant shall set
forth in the application: whether he has been issued prior
gambling related licenses; whether he has been licensed in any
other state under any other name, and, if so, such name and his
age; and whether or not a permit or license issued to him in
any other state has been suspended, restricted or revoked, and,
if so, for what period of time.
(c) Each applicant shall submit with his application, on
forms provided by the Board, 2 sets of his fingerprints. The
Board shall charge each applicant a fee set by the Department
of State Police to defray the costs associated with the search
and classification of fingerprints obtained by the Board with
respect to the applicant's application. These fees shall be
paid into the State Police Services Fund.
(d) The Board may in its discretion refuse an occupational
license to any person: (1) who is unqualified to perform the
duties required of such applicant; (2) who fails to disclose or
states falsely any information called for in the application;
(3) who has been found guilty of a violation of this Act or
whose prior gambling related license or application therefor
has been suspended, restricted, revoked or denied for just
cause in any other state; or (4) for any other just cause.

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(e) The Board may suspend, revoke or restrict any
occupational licensee: (1) for violation of any provision of
this Act; (2) for violation of any of the rules and regulations
of the Board; (3) for any cause which, if known to the Board,
would have disqualified the applicant from receiving such
license; or (4) for default in the payment of any obligation or
debt due to the State of Illinois; or (5) for any other just
cause.
(f) A person who knowingly makes a false statement on an
application is guilty of a Class A misdemeanor.
(g) Any license issued pursuant to this Section shall be
valid for a period of one year from the date of issuance.
(h) Nothing in this Act shall be interpreted to prohibit a
licensed owner from entering into an agreement with a public
community college or a school approved under the Private
Business and Vocational Schools Act for the training of any
occupational licensee. Any training offered by such a school
shall be in accordance with a written agreement between the
licensed owner and the school.
(i) Any training provided for occupational licensees may be
conducted either at the site of the gambling facility on the
riverboat or at a school with which a licensed owner has
entered into an agreement pursuant to subsection (h).
(Source: P.A. 96-1392, eff. 1-1-11.)
(230 ILCS 10/11) (from Ch. 120, par. 2411)

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Sec. 11. Conduct of gambling. Gambling may be conducted by
licensed owners or licensed managers on behalf of the State
aboard riverboats. Gambling authorized under this Section is ,
subject to the following standards:
(1) A licensee may conduct riverboat gambling
authorized under this Act regardless of whether it conducts
excursion cruises. A licensee may permit the continuous
ingress and egress of patrons passengers on a riverboat not
used for excursion cruises for the purpose of gambling.
Excursion cruises shall not exceed 4 hours for a round
trip. However, the Board may grant express approval for an
extended cruise on a case-by-case basis.
(2) (Blank).
(3) Minimum and maximum wagers on games shall be set by
the licensee.
(4) Agents of the Board and the Department of State
Police may board and inspect any riverboator enter and
inspect any portion of a casino at any time for the purpose
of determining whether this Act is being complied with.
Every riverboat, if under way and being hailed by a law
enforcement officer or agent of the Board, must stop
immediately and lay to.
(5) Employees of the Board shall have the right to be
present on the riverboat or in the casino or on adjacent
facilities under the control of the licensee.
(6) Gambling equipment and supplies customarily used

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in conducting riverboat or casino gambling must be
purchased or leased only from suppliers licensed for such
purpose under this Act. The Board may approve the transfer,
sale, or lease of gambling equipment and supplies by a
licensed owner from or to an affiliate of the licensed
owner as long as the gambling equipment and supplies were
initially acquired from a supplier licensed in Illinois.
(7) Persons licensed under this Act shall permit no
form of wagering on gambling games except as permitted by
this Act.
(8) Wagers may be received only from a person present
on a licensed riverboat or in a casino. No person present
on a licensed riverboat or in a casino shall place or
attempt to place a wager on behalf of another person who is
not present on the riverboat or in a casino.
(9) Wagering shall not be conducted with money or other
negotiable currency.
(10) A person under age 21 shall not be permitted on an
area of a riverboat or casino where gambling is being
conducted, except for a person at least 18 years of age who
is an employee of the riverboat or casino gambling
operation. No employee under age 21 shall perform any
function involved in gambling by the patrons. No person
under age 21 shall be permitted to make a wager under this
Act, and any winnings that are a result of a wager by a
person under age 21, whether or not paid by a licensee,

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shall be treated as winnings for the privilege tax
purposes, confiscated, and forfeited to the State and
deposited into the Education Assistance Fund.
(11) Gambling excursion cruises are permitted only
when the waterway for which the riverboat is licensed is
navigable, as determined by the Board in consultation with
the U.S. Army Corps of Engineers. This paragraph (11) does
not limit the ability of a licensee to conduct gambling
authorized under this Act when gambling excursion cruises
are not permitted.
(12) All tokens, chips or electronic cards used to make
wagers must be purchased (i) from a licensed owner or
manager, in the case of a riverboat, either aboard a
riverboat or at an onshore facility which has been approved
by the Board and which is located where the riverboat docks
or (ii) in the case of a casino, from a licensed owner at
the casino. The tokens, chips or electronic cards may be
purchased by means of an agreement under which the owner or
manager extends credit to the patron. Such tokens, chips or
electronic cards may be used while aboard the riverboat or
in the casino only for the purpose of making wagers on
gambling games.
(13) Notwithstanding any other Section of this Act, in
addition to the other licenses authorized under this Act,
the Board may issue special event licenses allowing persons
who are not otherwise licensed to conduct riverboat

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gambling to conduct such gambling on a specified date or
series of dates. Riverboat gambling under such a license
may take place on a riverboat not normally used for
riverboat gambling. The Board shall establish standards,
fees and fines for, and limitations upon, such licenses,
which may differ from the standards, fees, fines and
limitations otherwise applicable under this Act. All such
fees shall be deposited into the State Gaming Fund. All
such fines shall be deposited into the Education Assistance
Fund, created by Public Act 86-0018, of the State of
Illinois.
(14) In addition to the above, gambling must be
conducted in accordance with all rules adopted by the
Board.
(Source: P.A. 96-1392, eff. 1-1-11.)
(230 ILCS 10/11.1) (from Ch. 120, par. 2411.1)
Sec. 11.1. Collection of amounts owing under credit
agreements. Notwithstanding any applicable statutory provision
to the contrary, a licensed owner or manager who extends credit
to a riverboat gambling patron pursuant to Section 11 (a) (12)
of this Act is expressly authorized to institute a cause of
action to collect any amounts due and owing under the extension
of credit, as well as the owner's or manager's costs, expenses
and reasonable attorney's fees incurred in collection.
(Source: P.A. 93-28, eff. 6-20-03.)

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(230 ILCS 10/12) (from Ch. 120, par. 2412)
Sec. 12. Admission tax; fees.
(a) A tax is hereby imposed upon admissions to riverboat
and casino gambling facilities riverboats operated by licensed
owners authorized pursuant to this Act. Until July 1, 2002, the
rate is $2 per person admitted. From July 1, 2002 until July 1,
2003, the rate is $3 per person admitted. From July 1, 2003
until August 23, 2005 (the effective date of Public Act
94-673), for a licensee that admitted 1,000,000 persons or
fewer in the previous calendar year, the rate is $3 per person
admitted; for a licensee that admitted more than 1,000,000 but
no more than 2,300,000 persons in the previous calendar year,
the rate is $4 per person admitted; and for a licensee that
admitted more than 2,300,000 persons in the previous calendar
year, the rate is $5 per person admitted. Beginning on August
23, 2005 (the effective date of Public Act 94-673), for a
licensee that admitted 1,000,000 persons or fewer in calendar
year 2004, the rate is $2 per person admitted, and for all
other licensees, including licensees that were not conducting
gambling operations in 2004, the rate is $3 per person
admitted. This admission tax is imposed upon the licensed owner
conducting gambling.
(1) The admission tax shall be paid for each admission,
except that a person who exits a riverboat gambling
facility and reenters that riverboat gambling facility

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within the same gaming day shall be subject only to the
initial admission tax.
(2) (Blank).
(3) The riverboat licensee may issue tax-free passes to
actual and necessary officials and employees of the
licensee or other persons actually working on the
riverboat.
(4) The number and issuance of tax-free passes is
subject to the rules of the Board, and a list of all
persons to whom the tax-free passes are issued shall be
filed with the Board.
(a-5) A fee is hereby imposed upon admissions operated by
licensed managers on behalf of the State pursuant to Section
7.3 at the rates provided in this subsection (a-5). For a
licensee that admitted 1,000,000 persons or fewer in the
previous calendar year, the rate is $3 per person admitted; for
a licensee that admitted more than 1,000,000 but no more than
2,300,000 persons in the previous calendar year, the rate is $4
per person admitted; and for a licensee that admitted more than
2,300,000 persons in the previous calendar year, the rate is $5
per person admitted.
(1) The admission fee shall be paid for each admission.
(2) (Blank).
(3) The licensed manager may issue fee-free passes to
actual and necessary officials and employees of the manager
or other persons actually working on the riverboat.

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(4) The number and issuance of fee-free passes is
subject to the rules of the Board, and a list of all
persons to whom the fee-free passes are issued shall be
filed with the Board.
(b) From the tax imposed under subsection (a) and the fee
imposed under subsection (a-5), a municipality shall receive
from the State $1 for each person embarking on a riverboat
docked within the municipality or entering a casino located
within the municipality, and a county shall receive $1 for each
person entering a casino or embarking on a riverboat docked
within the county but outside the boundaries of any
municipality. The municipality's or county's share shall be
collected by the Board on behalf of the State and remitted
quarterly by the State, subject to appropriation, to the
treasurer of the unit of local government for deposit in the
general fund.
(c) The licensed owner shall pay the entire admission tax
to the Board and the licensed manager or the casino operator
licensee shall pay the entire admission fee to the Board. Such
payments shall be made daily. Accompanying each payment shall
be a return on forms provided by the Board which shall include
other information regarding admissions as the Board may
require. Failure to submit either the payment or the return
within the specified time may result in suspension or
revocation of the owners or managers license.
(d) The Board shall administer and collect the admission

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tax imposed by this Section, to the extent practicable, in a
manner consistent with the provisions of Sections 4, 5, 5a, 5b,
5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9 and 10 of the
Retailers' Occupation Tax Act and Section 3-7 of the Uniform
Penalty and Interest Act.
(Source: P.A. 95-663, eff. 10-11-07; 96-1392, eff. 1-1-11.)
(230 ILCS 10/13) (from Ch. 120, par. 2413)
Sec. 13. Wagering tax; rate; distribution.
(a) Until January 1, 1998, a tax is imposed on the adjusted
gross receipts received from gambling games authorized under
this Act at the rate of 20%.
(a-1) From January 1, 1998 until July 1, 2002, a privilege
tax is imposed on persons engaged in the business of conducting
riverboat gambling operations, based on the adjusted gross
receipts received by a licensed owner from gambling games
authorized under this Act at the following rates:
15% of annual adjusted gross receipts up to and
including $25,000,000;
20% of annual adjusted gross receipts in excess of
$25,000,000 but not exceeding $50,000,000;
25% of annual adjusted gross receipts in excess of
$50,000,000 but not exceeding $75,000,000;
30% of annual adjusted gross receipts in excess of
$75,000,000 but not exceeding $100,000,000;
35% of annual adjusted gross receipts in excess of

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$100,000,000.
(a-2) From July 1, 2002 until July 1, 2003, a privilege tax
is imposed on persons engaged in the business of conducting
riverboat gambling operations, other than licensed managers
conducting riverboat gambling operations on behalf of the
State, based on the adjusted gross receipts received by a
licensed owner from gambling games authorized under this Act at
the following rates:
15% of annual adjusted gross receipts up to and
including $25,000,000;
22.5% of annual adjusted gross receipts in excess of
$25,000,000 but not exceeding $50,000,000;
27.5% of annual adjusted gross receipts in excess of
$50,000,000 but not exceeding $75,000,000;
32.5% of annual adjusted gross receipts in excess of
$75,000,000 but not exceeding $100,000,000;
37.5% of annual adjusted gross receipts in excess of
$100,000,000 but not exceeding $150,000,000;
45% of annual adjusted gross receipts in excess of
$150,000,000 but not exceeding $200,000,000;
50% of annual adjusted gross receipts in excess of
$200,000,000.
(a-3) Beginning July 1, 2003, a privilege tax is imposed on
persons engaged in the business of conducting riverboat
gambling operations, other than licensed managers conducting
riverboat gambling operations on behalf of the State, based on

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the adjusted gross receipts received by a licensed owner from
gambling games authorized under this Act at the following
rates:
15% of annual adjusted gross receipts up to and
including $25,000,000;
27.5% of annual adjusted gross receipts in excess of
$25,000,000 but not exceeding $37,500,000;
32.5% of annual adjusted gross receipts in excess of
$37,500,000 but not exceeding $50,000,000;
37.5% of annual adjusted gross receipts in excess of
$50,000,000 but not exceeding $75,000,000;
45% of annual adjusted gross receipts in excess of
$75,000,000 but not exceeding $100,000,000;
50% of annual adjusted gross receipts in excess of
$100,000,000 but not exceeding $250,000,000;
70% of annual adjusted gross receipts in excess of
$250,000,000.
An amount equal to the amount of wagering taxes collected
under this subsection (a-3) that are in addition to the amount
of wagering taxes that would have been collected if the
wagering tax rates under subsection (a-2) were in effect shall
be paid into the Common School Fund.
The privilege tax imposed under this subsection (a-3) shall
no longer be imposed beginning on the earlier of (i) July 1,
2005; (ii) the first date after June 20, 2003 that riverboat
gambling operations are conducted pursuant to a dormant

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license; or (iii) the first day that riverboat gambling
operations are conducted under the authority of an owners
license that is in addition to the 10 owners licenses initially
authorized under this Act. For the purposes of this subsection
(a-3), the term "dormant license" means an owners license that
is authorized by this Act under which no riverboat gambling
operations are being conducted on June 20, 2003.
(a-4) Beginning on the first day on which the tax imposed
under subsection (a-3) is no longer imposed and ending on
December 31, 2014, a privilege tax is imposed on persons
engaged in the business of conducting riverboat or casino
gambling or electronic gaming operations, other than licensed
managers conducting riverboat gambling operations on behalf of
the State, based on the adjusted gross receipts received by a
licensed owner from gambling games authorized under this Act at
the following rates:
15% of annual adjusted gross receipts up to and
including $25,000,000;
22.5% of annual adjusted gross receipts in excess of
$25,000,000 but not exceeding $50,000,000;
27.5% of annual adjusted gross receipts in excess of
$50,000,000 but not exceeding $75,000,000;
32.5% of annual adjusted gross receipts in excess of
$75,000,000 but not exceeding $100,000,000;
37.5% of annual adjusted gross receipts in excess of
$100,000,000 but not exceeding $150,000,000;

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45% of annual adjusted gross receipts in excess of
$150,000,000 but not exceeding $200,000,000;
50% of annual adjusted gross receipts in excess of
$200,000,000.
(a-5) Beginning on January 1, 2015, a privilege tax is
imposed on persons engaged in the business of conducting
riverboat or casino gambling or electronic gaming operations,
other than licensed managers conducting riverboat gambling
operations on behalf of the State, based on the adjusted gross
receipts received by such licensee from the gambling games
authorized under this Act. The privilege tax for all gambling
games other than table games, including, but not limited to,
slot machines, video game of chance gambling, and electronic
gambling games shall be at the following rates:
12.5% of annual adjusted gross receipts up to and
including $25,000,000;
20% of annual adjusted gross receipts in excess of
$25,000,000 but not exceeding $50,000,000;
25% of annual adjusted gross receipts in excess of
$50,000,000 but not exceeding $75,000,000;
30% of annual adjusted gross receipts in excess of
$75,000,000 but not exceeding $100,000,000;
35% of annual adjusted gross receipts in excess of
$100,000,000 but not exceeding $150,000,000;
37.5% of annual adjusted gross receipts in excess of
$150,000,000 but not exceeding $200,000,000;

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40% of annual adjusted gross receipts in excess of
$200,000,000;
The privilege tax for table games shall be at the following
rates:
10% of annual adjusted gross receipts up to and
including $25,000,000;
17.5% of annual adjusted gross receipts in excess of
$25,000,000 but not exceeding $50,000,000;
22.5% of annual adjusted gross receipts in excess of
$50,000,000.
For the imposition of the privilege tax in this subsection
(a-5), amounts paid pursuant to item (1) of subsection (b) of
Section 56 of the Illinois Horse Racing Act of 1975 shall not
be included in the determination of adjusted gross receipts.
(a-6) From the effective date of this amendatory Act of the
97th General Assembly until June 30, 2015, an owners licensee
that conducted gambling operations prior to January 1, 2011
shall receive a dollar-for-dollar credit against the tax
imposed under this Section for any renovation or construction
costs paid by the owners licensee, but in no event shall the
credit exceed $2,000,000.
Additionally, from the effective date of this amendatory
Act of the 97th General Assembly until December 31, 2014, an
owners licensee that (i) is located within 15 miles of the
Missouri border, and (ii) has at least 3 riverboats, casinos,
or their equivalent within a 45-mile radius, may be authorized

09700SB0747sam001 - 287 - LRB097 04468 AEK 59057 a
to relocate to a new location with the approval of both the
unit of local government designated as the home dock and the
Board, so long as the new location is within the same unit of
local government and no more than 3 miles away from its
original location. Such owners licensee shall receive a credit
against the tax imposed under this Section equal to 8% of the
total project costs, as approved by the Board, for any
renovation or construction costs paid by the owners licensee
for the construction of the new facility, provided that the new
facility is operational by July 1, 2014. In determining whether
or not to approve a relocation, the Board must consider the
extent to which the relocation will diminish the gaming
revenues received by other Illinois gaming facilities.
(a-8) Riverboat gambling operations conducted by a
licensed manager on behalf of the State are not subject to the
tax imposed under this Section.
(a-9) Beginning on January 1, 2012, the calculation of
"gross receipts" or "adjusted gross receipts" for a riverboat
or casino shall not include the dollar amount of non-cashable
vouchers, coupons, and electronic promotions redeemed by
wagerers upon the riverboat or in the casino.
The Illinois Gaming Board shall submit to the General
Assembly a comprehensive report no later than March 31, 2015
detailing, at a minimum, the effect of removing non-cashable
vouchers, coupons, and electronic promotions from this
calculation on net gaming revenues to the State in calendar

09700SB0747sam001 - 288 - LRB097 04468 AEK 59057 a
years 2012 through 2014, the increase or reduction in wagerers
as a result of removing non-cashable vouchers, coupons, and
electronic promotions from this calculation, the effect of the
tax rates in subsection (a-5) on net gaming revenues to the
State, and proposed modifications to the calculation.
(a-10) The taxes imposed by this Section shall be paid by
the licensed owner to the Board not later than 5:00 o'clock
p.m. of the day after the day when the wagers were made.
(a-15) If the privilege tax imposed under subsection (a-3)
is no longer imposed pursuant to item (i) of the last paragraph
of subsection (a-3), then by June 15 of each year, each owners
licensee, other than an owners licensee that admitted 1,000,000
persons or fewer in calendar year 2004, must, in addition to
the payment of all amounts otherwise due under this Section,
pay to the Board a reconciliation payment in the amount, if
any, by which the licensed owner's base amount exceeds the
amount of net privilege tax paid by the licensed owner to the
Board in the then current State fiscal year. A licensed owner's
net privilege tax obligation due for the balance of the State
fiscal year shall be reduced up to the total of the amount paid
by the licensed owner in its June 15 reconciliation payment.
The obligation imposed by this subsection (a-15) is binding on
any person, firm, corporation, or other entity that acquires an
ownership interest in any such owners license. The obligation
imposed under this subsection (a-15) terminates on the earliest
of: (i) July 1, 2007, (ii) the first day after the effective

09700SB0747sam001 - 289 - LRB097 04468 AEK 59057 a
date of this amendatory Act of the 94th General Assembly that
riverboat gambling operations are conducted pursuant to a
dormant license, (iii) the first day that riverboat gambling
operations are conducted under the authority of an owners
license that is in addition to the 10 owners licenses initially
authorized under this Act, or (iv) the first day that a
licensee under the Illinois Horse Racing Act of 1975 conducts
gaming operations with slot machines or other electronic gaming
devices. The Board must reduce the obligation imposed under
this subsection (a-15) by an amount the Board deems reasonable
for any of the following reasons: (A) an act or acts of God,
(B) an act of bioterrorism or terrorism or a bioterrorism or
terrorism threat that was investigated by a law enforcement
agency, or (C) a condition beyond the control of the owners
licensee that does not result from any act or omission by the
owners licensee or any of its agents and that poses a hazardous
threat to the health and safety of patrons. If an owners
licensee pays an amount in excess of its liability under this
Section, the Board shall apply the overpayment to future
payments required under this Section.
For purposes of this subsection (a-15):
"Act of God" means an incident caused by the operation of
an extraordinary force that cannot be foreseen, that cannot be
avoided by the exercise of due care, and for which no person
can be held liable.
"Base amount" means the following:

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For a riverboat in Alton, $31,000,000.
For a riverboat in East Peoria, $43,000,000.
For the Empress riverboat in Joliet, $86,000,000.
For a riverboat in Metropolis, $45,000,000.
For the Harrah's riverboat in Joliet, $114,000,000.
For a riverboat in Aurora, $86,000,000.
For a riverboat in East St. Louis, $48,500,000.
For a riverboat in Elgin, $198,000,000.
"Dormant license" has the meaning ascribed to it in
subsection (a-3).
"Net privilege tax" means all privilege taxes paid by a
licensed owner to the Board under this Section, less all
payments made from the State Gaming Fund pursuant to subsection
(b) of this Section.
The changes made to this subsection (a-15) by Public Act
94-839 are intended to restate and clarify the intent of Public
Act 94-673 with respect to the amount of the payments required
to be made under this subsection by an owners licensee to the
Board.
(b) Until January 1, 1998, 25% of the tax revenue deposited
in the State Gaming Fund under this Section shall be paid,
subject to appropriation by the General Assembly, to the unit
of local government which is designated as the home dock of the
riverboat. Beginning January 1, 1998, from the tax revenue from
riverboat or casino gambling deposited in the State Gaming Fund
under this Section, an amount equal to 5% of adjusted gross

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receipts generated by a riverboat or a casino shall be paid
monthly, subject to appropriation by the General Assembly, to
the unit of local government that is designated as the home
dock of the riverboat. From the tax revenue deposited in the
State Gaming Fund pursuant to riverboat or casino gambling
operations conducted by a licensed manager on behalf of the
State, an amount equal to 5% of adjusted gross receipts
generated pursuant to those riverboat or casino gambling
operations shall be paid monthly, subject to appropriation by
the General Assembly, to the unit of local government that is
designated as the home dock of the riverboat upon which those
riverboat gambling operations are conducted or in which the
casino is located. Units of local government may refund any
portion of the payment that they receive pursuant to this
subsection (b) to the riverboat or casino.
(b-7) The State and County Fair Assistance Fund is created
as a special fund in the State treasury. The Fund shall be
administered by the Department of Agriculture. Beginning on the
effective date of this amendatory Act of the 97th General
Assembly, from the tax revenue deposited in the State Gaming
Fund under this Section, an amount equal to 2% of adjusted
gross receipts, not to exceed $5,000,000, shall be paid into
the State and County Fair Assistance Fund annually. No moneys
shall be expended from the State and County Fair Assistance
Fund except as appropriated by the General Assembly. Deposits
made pursuant to this subsection (b-7) shall supplement, and

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not supplant, other State funding for these purposes.
The Department of Agriculture shall award grants from
moneys appropriated from the State and County Fair Assistance
Fund for the development, expansion, or support of county fairs
that showcase Illinois agriculture products or byproducts. No
grant may exceed $100,000. Not more than one grant under this
Section may be made to any one county fair board. Additionally,
grants under this subsection (b-7) shall be available to the
Illinois State Fair and the DuQuoin State Fair.
(b-8) Beginning on the effective date of this amendatory
Act of the 97th General Assembly, from the tax revenue
deposited in the State Gaming Fund under this Section, $250,000
shall be deposited annually into the Illinois Racing Quarter
Horse Breeders Fund.
(b-10) Beginning on the effective date of this amendatory
Act of the 97th General Assembly, from the tax revenue
deposited in the State Gaming Fund under this Section, an
amount equal to 10% of the wagering taxes paid by the
riverboats and casino created pursuant to subsection (e-5) of
Section 7 shall be paid into the Depressed Communities Economic
Development Fund annually.
(b-11) An impact fee for horse racing shall be assessed on
all riverboats at the end of each calendar year. The amount of
the impact fee for calendar year 2011 shall be $330,000,000,
split evenly among the riverboats. The impact fee shall be
automatically increased each subsequent calendar year by a

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percentage equal to the percentage change in the consumer price
index-u during the preceding 12-month calendar year. "Consumer
price index-u" means the index published by the Bureau of Labor
Statistics of the United States Department of Labor that
measures the average change in prices of goods and services
purchased by all urban consumers, United States city average,
all items, 1982-84=100. This impact fee shall be collected by
the Board and shall be deposited into the Horse Racing Impact
Fee Fund.
(b-12) An impact fee for education shall be assessed on all
riverboats at the end of each calendar year. The amount of the
impact fee for calendar year 2011 shall be $70,000,000, split
evenly among the riverboats. The impact fee shall be
automatically increased by a percentage equal to the percentage
change in the consumer price index-u during the preceding 12
month calendar year. "Consumer price index-u" means the index
published by the Bureau of Labor Statistics of the United
States Department of Labor that measures the average change in
prices of goods and services purchased by all urban consumers,
United States city average, all items, 1982-84=100. This impact
fee shall be collected by the Board and shall be deposited into
the Education Assistance Fund.
(c) Appropriations, as approved by the General Assembly,
may be made from the State Gaming Fund to the Board (i) for the
administration and enforcement of this Act and the Video Gaming
Act, (ii) for distribution to the Department of State Police

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and to the Department of Revenue for the enforcement of this
Act, and (iii) to the Department of Human Services for the
administration of programs to treat problem gambling. From the
tax revenue deposited in the State Gaming Fund under this
Section, $10,000,000 shall be paid annually to the Department
of Human Services for the administration of programs to treat
problem gambling. The Board's annual appropriations request
must separately state its funding needs for the regulation of
electronic gaming, riverboat gaming, casino gaming within the
City of Chicago, and video gaming. From the tax revenue
deposited in the Gaming Facilities Fee Revenue Fund, the first
$50,000,000 shall be paid to the Board for the administration
and enforcement of the provisions of this amendatory Act of the
97th General Assembly.
(c-3) Appropriations, as approved by the General Assembly,
may be made from the tax revenue deposited into the State
Gaming Fund from electronic gaming pursuant to this Section for
the administration and enforcement of this Act.
(c-4) After payments required under subsection (b-5),
(b-6), (b-7), (b-8), (b-10), (b-11), (b-12), (c), and (c-3)
have been made from the tax revenue from electronic gaming
deposited into the State Gaming Fund under this Section, all
remaining amounts from electronic gaming shall be deposited
into the Capital Projects Fund.
(c-5) (Blank). Before May 26, 2006 (the effective date of
Public Act 94-804) and beginning on the effective date of this

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amendatory Act of the 95th General Assembly, unless any
organization licensee under the Illinois Horse Racing Act of
1975 begins to operate a slot machine or video game of chance
under the Illinois Horse Racing Act of 1975 or this Act, after
the payments required under subsections (b) and (c) have been
made, an amount equal to 15% of the adjusted gross receipts of
(1) an owners licensee that relocates pursuant to Section 11.2,
(2) an owners licensee conducting riverboat gambling
operations pursuant to an owners license that is initially
issued after June 25, 1999, or (3) the first riverboat gambling
operations conducted by a licensed manager on behalf of the
State under Section 7.3, whichever comes first, shall be paid
from the State Gaming Fund into the Horse Racing Equity Fund.
(c-10) (Blank). Each year the General Assembly shall
appropriate from the General Revenue Fund to the Education
Assistance Fund an amount equal to the amount paid into the
Horse Racing Equity Fund pursuant to subsection (c-5) in the
prior calendar year.
(c-15) After the payments required under subsections (b),
(b-7), (b-8), (b-10), (b-11), (b-12), and (c), and (c-5) have
been made, an amount equal to 2% of the adjusted gross receipts
of (1) an owners licensee that relocates pursuant to Section
11.2, (2) an owners licensee conducting riverboat gambling
operations pursuant to an owners license that is initially
issued after June 25, 1999 and before December 31, 2011, or (3)
the first riverboat gambling operations conducted by a licensed

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manager on behalf of the State under Section 7.3, whichever
comes first, shall be paid, subject to appropriation from the
General Assembly, from the State Gaming Fund to each home rule
county with a population of over 3,000,000 inhabitants for the
purpose of enhancing the county's criminal justice system.
(c-20) Each year the General Assembly shall appropriate
from the General Revenue Fund to the Education Assistance Fund
an amount equal to the amount paid to each home rule county
with a population of over 3,000,000 inhabitants pursuant to
subsection (c-15) in the prior calendar year.
(c-25) After the payments required under subsections (b),
(b-7), (b-8), (b-10), (b-11), (b-12), (c), (c-5) and (c-15)
have been made, an amount equal to 2% of the adjusted gross
receipts of (1) an owners licensee that relocates pursuant to
Section 11.2, (2) an owners licensee conducting riverboat
gambling operations pursuant to an owners license that is
initially issued after June 25, 1999 and before December 31,
2011, or (3) the first riverboat gambling operations conducted
by a licensed manager on behalf of the State under Section 7.3,
whichever comes first, shall be paid from the State Gaming Fund
to Chicago State University.
(d) From time to time, the Board shall transfer the
remainder of the funds generated by this Act into the Education
Assistance Fund, created by Public Act 86-0018, of the State of
Illinois.
(e) Nothing in this Act shall prohibit the unit of local

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government designated as the home dock of the riverboat from
entering into agreements with other units of local government
in this State or in other states to share its portion of the
tax revenue.
(f) To the extent practicable, the Board shall administer
and collect the wagering taxes imposed by this Section in a
manner consistent with the provisions of Sections 4, 5, 5a, 5b,
5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, and 10 of the
Retailers' Occupation Tax Act and Section 3-7 of the Uniform
Penalty and Interest Act.
(Source: P.A. 95-331, eff. 8-21-07; 95-1008, eff. 12-15-08;
96-37, eff. 7-13-09; 96-1392, eff. 1-1-11.)
(230 ILCS 10/14) (from Ch. 120, par. 2414)
Sec. 14. Licensees - Records - Reports - Supervision.
(a) Licensed owners A licensed owner shall keep his books
and records so as to clearly show the following:
(1) The amount received daily from admission fees.
(2) The total amount of gross receipts.
(3) The total amount of the adjusted gross receipts.
(b) Licensed owners The licensed owner shall furnish to the
Board reports and information as the Board may require with
respect to its activities on forms designed and supplied for
such purpose by the Board.
(c) The books and records kept by a licensed owner as
provided by this Section are public records and the

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examination, publication, and dissemination of the books and
records are governed by the provisions of The Freedom of
Information Act.
(Source: P.A. 86-1029.)
(230 ILCS 10/18) (from Ch. 120, par. 2418)
Sec. 18. Prohibited Activities - Penalty.
(a) A person is guilty of a Class A misdemeanor for doing
any of the following:
(1) Conducting gambling where wagering is used or to be
used without a license issued by the Board.
(2) Conducting gambling where wagering is permitted
other than in the manner specified by Section 11.
(b) A person is guilty of a Class B misdemeanor for doing
any of the following:
(1) permitting a person under 21 years to make a wager;
or
(2) violating paragraph (12) of subsection (a) of
Section 11 of this Act.
(c) A person wagering or accepting a wager at any location
outside the riverboat or casino in violation of paragraph is
subject to the penalties in paragraphs (1) or (2) of subsection
(a) of Section 28-1 of the Criminal Code of 1961 is subject to
the penalties provided in that Section.
(d) A person commits a Class 4 felony and, in addition,
shall be barred for life from gambling operations riverboats

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under the jurisdiction of the Board, if the person does any of
the following:
(1) Offers, promises, or gives anything of value or
benefit to a person who is connected with a riverboat or
casino owner including, but not limited to, an officer or
employee of a licensed owner or holder of an occupational
license pursuant to an agreement or arrangement or with the
intent that the promise or thing of value or benefit will
influence the actions of the person to whom the offer,
promise, or gift was made in order to affect or attempt to
affect the outcome of a gambling game, or to influence
official action of a member of the Board.
(2) Solicits or knowingly accepts or receives a promise
of anything of value or benefit while the person is
connected with a riverboat or casino including, but not
limited to, an officer or employee of a licensed owner, or
the holder of an occupational license, pursuant to an
understanding or arrangement or with the intent that the
promise or thing of value or benefit will influence the
actions of the person to affect or attempt to affect the
outcome of a gambling game, or to influence official action
of a member of the Board.
(3) Uses or possesses with the intent to use a device
to assist:
(i) In projecting the outcome of the game.
(ii) In keeping track of the cards played.

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(iii) In analyzing the probability of the
occurrence of an event relating to the gambling game.
(iv) In analyzing the strategy for playing or
betting to be used in the game except as permitted by
the Board.
(4) Cheats at a gambling game.
(5) Manufactures, sells, or distributes any cards,
chips, dice, game or device which is intended to be used to
violate any provision of this Act.
(6) Alters or misrepresents the outcome of a gambling
game on which wagers have been made after the outcome is
made sure but before it is revealed to the players.
(7) Places a bet after acquiring knowledge, not
available to all players, of the outcome of the gambling
game which is subject of the bet or to aid a person in
acquiring the knowledge for the purpose of placing a bet
contingent on that outcome.
(8) Claims, collects, or takes, or attempts to claim,
collect, or take, money or anything of value in or from the
gambling games, with intent to defraud, without having made
a wager contingent on winning a gambling game, or claims,
collects, or takes an amount of money or thing of value of
greater value than the amount won.
(9) Uses counterfeit chips or tokens in a gambling
game.
(10) Possesses any key or device designed for the

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purpose of opening, entering, or affecting the operation of
a gambling game, drop box, or an electronic or mechanical
device connected with the gambling game or for removing
coins, tokens, chips or other contents of a gambling game.
This paragraph (10) does not apply to a gambling licensee
or employee of a gambling licensee acting in furtherance of
the employee's employment.
(e) The possession of more than one of the devices
described in subsection (d), paragraphs (3), (5), or (10)
permits a rebuttable presumption that the possessor intended to
use the devices for cheating.
(f) A person under the age of 21 who, except as authorized
under paragraph (10) of Section 11, enters upon a riverboat or
in a casino commits a petty offense and is subject to a fine of
not less than $100 or more than $250 for a first offense and of
not less than $200 or more than $500 for a second or subsequent
offense.
An action to prosecute any crime occurring on a riverboat
shall be tried in the county of the dock at which the riverboat
is based.
(Source: P.A. 96-1392, eff. 1-1-11.)
(230 ILCS 10/19) (from Ch. 120, par. 2419)
Sec. 19. Forfeiture of property. (a) Except as provided in
subsection (b), any riverboat or casino used for the conduct of
gambling games in violation of this Act shall be considered a

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gambling place in violation of Section 28-3 of the Criminal
Code of 1961, as now or hereafter amended. Every gambling
device found on a riverboat or in a casino operating gambling
games in violation of this Act shall be subject to seizure,
confiscation and destruction as provided in Section 28-5 of the
Criminal Code of 1961, as now or hereafter amended.
(b) It is not a violation of this Act for a riverboat or
other watercraft which is licensed for gaming by a contiguous
state to dock on the shores of this State if the municipality
having jurisdiction of the shores, or the county in the case of
unincorporated areas, has granted permission for docking and no
gaming is conducted on the riverboat or other watercraft while
it is docked on the shores of this State. No gambling device
shall be subject to seizure, confiscation or destruction if the
gambling device is located on a riverboat or other watercraft
which is licensed for gaming by a contiguous state and which is
docked on the shores of this State if the municipality having
jurisdiction of the shores, or the county in the case of
unincorporated areas, has granted permission for docking and no
gaming is conducted on the riverboat or other watercraft while
it is docked on the shores of this State.
(Source: P.A. 86-1029.)
(230 ILCS 10/20) (from Ch. 120, par. 2420)
Sec. 20. Prohibited activities - civil penalties. Any
person who conducts a gambling operation without first

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obtaining a license to do so, or who continues to conduct such
games after revocation of his license, or any licensee who
conducts or allows to be conducted any unauthorized gambling
games on a riverboat or in a casino where it is authorized to
conduct its riverboat gambling operation, in addition to other
penalties provided, shall be subject to a civil penalty equal
to the amount of gross receipts derived from wagering on the
gambling games, whether unauthorized or authorized, conducted
on that day as well as confiscation and forfeiture of all
gambling game equipment used in the conduct of unauthorized
gambling games.
(Source: P.A. 86-1029.)
Section 90-42. The Video Gaming Act is amended by changing
Sections 27 and 70 and by adding Section 90 as follows:
(230 ILCS 40/27)
Sec. 27. Opt-in participation in Prohibition of video
gaming by political subdivision. Video gaming may only be
conducted within the corporate limits of a municipality or in
unincorporated areas of a county that has chosen to opt-in to
video gaming. A municipality or county can opt-in to video
gaming by (i) passing an ordinance permitting A municipality
may pass an ordinance prohibiting video gaming within the
corporate limits of the municipality or . A county board may,
for the unincorporated area of the county, pass an ordinance

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prohibiting video gaming within the unincorporated area of the
county, respectively, or (ii) passing a referendum in
accordance with Section 70. If a referendum is passed in
accordance with Section 70, a municipality or county board
cannot take any action that is contrary to the referendum for a
period of 5 years after the referendum vote is certified.
(Source: P.A. 96-34, eff. 7-13-09.)
(230 ILCS 40/70)
Sec. 70. Referendum. Upon the filing in the office of the
clerk, at least 90 days before an election in any municipality
or county, as the case may be, of a petition directed to such
clerk, containing the signatures of not less than 25% of the
legal voters of that municipality or county, the clerk shall
certify such proposition to the proper election officials, who
shall submit the proposition at such election to the voters of
such municipality or county. The proposition shall be in the
following form:
-------------------------------------------------------------
Shall video gaming YES
be permitted prohibited in ------------
.................? NO
-------------------------------------------------------------
If a majority of the voters voting upon such last mentioned
proposition in any municipality or county vote "YES", such
video gaming shall be permitted prohibited in such municipality

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or county. The petition mentioned in this Section shall be a
public document and shall be subject to inspection by the
public.
(Source: P.A. 96-34, eff. 7-13-09.)
(230 ILCS 40/90 new)
Sec. 90. Home rule preemption. The regulation of video
gaming is an exclusive power and function of the State. A home
rule unit may not regulate video gaming operations. This
Section is a denial and limitation of home rule powers and
functions under subsection (h) of Section 6 of Article VII of
the Illinois Constitution.
Section 90-45. The Liquor Control Act of 1934 is amended by
changing Sections 5-1 and 6-30 as follows:
(235 ILCS 5/5-1) (from Ch. 43, par. 115)
Sec. 5-1. Licenses issued by the Illinois Liquor Control
Commission shall be of the following classes:
(a) Manufacturer's license - Class 1. Distiller, Class 2.
Rectifier, Class 3. Brewer, Class 4. First Class Wine
Manufacturer, Class 5. Second Class Wine Manufacturer, Class 6.
First Class Winemaker, Class 7. Second Class Winemaker, Class
8. Limited Wine Manufacturer, Class 9. Craft Distiller, Class
10. Craft Brewer,
(b) Distributor's license,

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(c) Importing Distributor's license,
(d) Retailer's license,
(e) Special Event Retailer's license (not-for-profit),
(f) Railroad license,
(g) Boat license,
(h) Non-Beverage User's license,
(i) Wine-maker's premises license,
(j) Airplane license,
(k) Foreign importer's license,
(l) Broker's license,
(m) Non-resident dealer's license,
(n) Brew Pub license,
(o) Auction liquor license,
(p) Caterer retailer license,
(q) Special use permit license,
(r) Winery shipper's license.
No person, firm, partnership, corporation, or other legal
business entity that is engaged in the manufacturing of wine
may concurrently obtain and hold a wine-maker's license and a
wine manufacturer's license.
(a) A manufacturer's license shall allow the manufacture,
importation in bulk, storage, distribution and sale of
alcoholic liquor to persons without the State, as may be
permitted by law and to licensees in this State as follows:
Class 1. A Distiller may make sales and deliveries of
alcoholic liquor to distillers, rectifiers, importing

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distributors, distributors and non-beverage users and to no
other licensees.
Class 2. A Rectifier, who is not a distiller, as defined
herein, may make sales and deliveries of alcoholic liquor to
rectifiers, importing distributors, distributors, retailers
and non-beverage users and to no other licensees.
Class 3. A Brewer may make sales and deliveries of beer to
importing distributors and distributors and may make sales as
authorized under subsection (e) of Section 6-4 of this Act.
Class 4. A first class wine-manufacturer may make sales and
deliveries of up to 50,000 gallons of wine to manufacturers,
importing distributors and distributors, and to no other
licensees.
Class 5. A second class Wine manufacturer may make sales
and deliveries of more than 50,000 gallons of wine to
manufacturers, importing distributors and distributors and to
no other licensees.
Class 6. A first-class wine-maker's license shall allow the
manufacture of up to 50,000 gallons of wine per year, and the
storage and sale of such wine to distributors in the State and
to persons without the State, as may be permitted by law. A
person who, prior to the effective date of this amendatory Act
of the 95th General Assembly, is a holder of a first-class
wine-maker's license and annually produces more than 25,000
gallons of its own wine and who distributes its wine to
licensed retailers shall cease this practice on or before July

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1, 2008 in compliance with this amendatory Act of the 95th
General Assembly.
Class 7. A second-class wine-maker's license shall allow
the manufacture of between 50,000 and 150,000 gallons of wine
per year, and the storage and sale of such wine to distributors
in this State and to persons without the State, as may be
permitted by law. A person who, prior to the effective date of
this amendatory Act of the 95th General Assembly, is a holder
of a second-class wine-maker's license and annually produces
more than 25,000 gallons of its own wine and who distributes
its wine to licensed retailers shall cease this practice on or
before July 1, 2008 in compliance with this amendatory Act of
the 95th General Assembly.
Class 8. A limited wine-manufacturer may make sales and
deliveries not to exceed 40,000 gallons of wine per year to
distributors, and to non-licensees in accordance with the
provisions of this Act.
Class 9. A craft distiller license shall allow the
manufacture of up to 15,000 gallons of spirits by distillation
per year and the storage of such spirits. If a craft distiller
licensee is not affiliated with any other manufacturer, then
the craft distiller licensee may sell such spirits to
distributors in this State and non-licensees to the extent
permitted by any exemption approved by the Commission pursuant
to Section 6-4 of this Act.
Any craft distiller licensed under this Act who on the

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effective date of this amendatory Act of the 96th General
Assembly was licensed as a distiller and manufactured no more
spirits than permitted by this Section shall not be required to
pay the initial licensing fee.
Class 10. A craft brewer's license, which may only be
issued to a licensed brewer or licensed non-resident dealer,
shall allow the manufacture of up to 465,000 gallons of beer
per year. A craft brewer licensee may make sales and deliveries
to importing distributors and distributors and to retail
licensees in accordance with the conditions set forth in
paragraph (18) of subsection (a) of Section 3-12 of this Act.
(a-1) A manufacturer which is licensed in this State to
make sales or deliveries of alcoholic liquor and which enlists
agents, representatives, or individuals acting on its behalf
who contact licensed retailers on a regular and continual basis
in this State must register those agents, representatives, or
persons acting on its behalf with the State Commission.
Registration of agents, representatives, or persons acting
on behalf of a manufacturer is fulfilled by submitting a form
to the Commission. The form shall be developed by the
Commission and shall include the name and address of the
applicant, the name and address of the manufacturer he or she
represents, the territory or areas assigned to sell to or
discuss pricing terms of alcoholic liquor, and any other
questions deemed appropriate and necessary. All statements in
the forms required to be made by law or by rule shall be deemed

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material, and any person who knowingly misstates any material
fact under oath in an application is guilty of a Class B
misdemeanor. Fraud, misrepresentation, false statements,
misleading statements, evasions, or suppression of material
facts in the securing of a registration are grounds for
suspension or revocation of the registration.
(b) A distributor's license shall allow the wholesale
purchase and storage of alcoholic liquors and sale of alcoholic
liquors to licensees in this State and to persons without the
State, as may be permitted by law.
(c) An importing distributor's license may be issued to and
held by those only who are duly licensed distributors, upon the
filing of an application by a duly licensed distributor, with
the Commission and the Commission shall, without the payment of
any fee, immediately issue such importing distributor's
license to the applicant, which shall allow the importation of
alcoholic liquor by the licensee into this State from any point
in the United States outside this State, and the purchase of
alcoholic liquor in barrels, casks or other bulk containers and
the bottling of such alcoholic liquors before resale thereof,
but all bottles or containers so filled shall be sealed,
labeled, stamped and otherwise made to comply with all
provisions, rules and regulations governing manufacturers in
the preparation and bottling of alcoholic liquors. The
importing distributor's license shall permit such licensee to
purchase alcoholic liquor from Illinois licensed non-resident

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dealers and foreign importers only.
(d) A retailer's license shall allow the licensee to sell
and offer for sale at retail, only in the premises specified in
the license, alcoholic liquor for use or consumption, but not
for resale in any form. Nothing in this amendatory Act of the
95th General Assembly shall deny, limit, remove, or restrict
the ability of a holder of a retailer's license to transfer,
deliver, or ship alcoholic liquor to the purchaser for use or
consumption subject to any applicable local law or ordinance.
Any retail license issued to a manufacturer shall only permit
the manufacturer to sell beer at retail on the premises
actually occupied by the manufacturer. For the purpose of
further describing the type of business conducted at a retail
licensed premises, a retailer's licensee may be designated by
the State Commission as (i) an on premise consumption retailer,
(ii) an off premise sale retailer, or (iii) a combined on
premise consumption and off premise sale retailer.
Notwithstanding any other provision of this subsection
(d), a retail licensee may sell alcoholic liquors to a special
event retailer licensee for resale to the extent permitted
under subsection (e).
(e) A special event retailer's license (not-for-profit)
shall permit the licensee to purchase alcoholic liquors from an
Illinois licensed distributor (unless the licensee purchases
less than $500 of alcoholic liquors for the special event, in
which case the licensee may purchase the alcoholic liquors from

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a licensed retailer) and shall allow the licensee to sell and
offer for sale, at retail, alcoholic liquors for use or
consumption, but not for resale in any form and only at the
location and on the specific dates designated for the special
event in the license. An applicant for a special event retailer
license must (i) furnish with the application: (A) a resale
number issued under Section 2c of the Retailers' Occupation Tax
Act or evidence that the applicant is registered under Section
2a of the Retailers' Occupation Tax Act, (B) a current, valid
exemption identification number issued under Section 1g of the
Retailers' Occupation Tax Act, and a certification to the
Commission that the purchase of alcoholic liquors will be a
tax-exempt purchase, or (C) a statement that the applicant is
not registered under Section 2a of the Retailers' Occupation
Tax Act, does not hold a resale number under Section 2c of the
Retailers' Occupation Tax Act, and does not hold an exemption
number under Section 1g of the Retailers' Occupation Tax Act,
in which event the Commission shall set forth on the special
event retailer's license a statement to that effect; (ii)
submit with the application proof satisfactory to the State
Commission that the applicant will provide dram shop liability
insurance in the maximum limits; and (iii) show proof
satisfactory to the State Commission that the applicant has
obtained local authority approval.
(f) A railroad license shall permit the licensee to import
alcoholic liquors into this State from any point in the United

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States outside this State and to store such alcoholic liquors
in this State; to make wholesale purchases of alcoholic liquors
directly from manufacturers, foreign importers, distributors
and importing distributors from within or outside this State;
and to store such alcoholic liquors in this State; provided
that the above powers may be exercised only in connection with
the importation, purchase or storage of alcoholic liquors to be
sold or dispensed on a club, buffet, lounge or dining car
operated on an electric, gas or steam railway in this State;
and provided further, that railroad licensees exercising the
above powers shall be subject to all provisions of Article VIII
of this Act as applied to importing distributors. A railroad
license shall also permit the licensee to sell or dispense
alcoholic liquors on any club, buffet, lounge or dining car
operated on an electric, gas or steam railway regularly
operated by a common carrier in this State, but shall not
permit the sale for resale of any alcoholic liquors to any
licensee within this State. A license shall be obtained for
each car in which such sales are made.
(g) A boat license shall allow the sale of alcoholic liquor
in individual drinks, on any passenger boat regularly operated
as a common carrier on navigable waters in this State or on any
riverboat operated under the Illinois Riverboat Gambling Act,
which boat or riverboat maintains a public dining room or
restaurant thereon.
(h) A non-beverage user's license shall allow the licensee

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to purchase alcoholic liquor from a licensed manufacturer or
importing distributor, without the imposition of any tax upon
the business of such licensed manufacturer or importing
distributor as to such alcoholic liquor to be used by such
licensee solely for the non-beverage purposes set forth in
subsection (a) of Section 8-1 of this Act, and such licenses
shall be divided and classified and shall permit the purchase,
possession and use of limited and stated quantities of
alcoholic liquor as follows:
Class 1, not to exceed ......................... 500 gallons
Class 2, not to exceed ....................... 1,000 gallons
Class 3, not to exceed ....................... 5,000 gallons
Class 4, not to exceed ...................... 10,000 gallons
Class 5, not to exceed ....................... 50,000 gallons
(i) A wine-maker's premises license shall allow a licensee
that concurrently holds a first-class wine-maker's license to
sell and offer for sale at retail in the premises specified in
such license not more than 50,000 gallons of the first-class
wine-maker's wine that is made at the first-class wine-maker's
licensed premises per year for use or consumption, but not for
resale in any form. A wine-maker's premises license shall allow
a licensee who concurrently holds a second-class wine-maker's
license to sell and offer for sale at retail in the premises
specified in such license up to 100,000 gallons of the
second-class wine-maker's wine that is made at the second-class
wine-maker's licensed premises per year for use or consumption

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but not for resale in any form. A wine-maker's premises license
shall allow a licensee that concurrently holds a first-class
wine-maker's license or a second-class wine-maker's license to
sell and offer for sale at retail at the premises specified in
the wine-maker's premises license, for use or consumption but
not for resale in any form, any beer, wine, and spirits
purchased from a licensed distributor. Upon approval from the
State Commission, a wine-maker's premises license shall allow
the licensee to sell and offer for sale at (i) the wine-maker's
licensed premises and (ii) at up to 2 additional locations for
use and consumption and not for resale. Each location shall
require additional licensing per location as specified in
Section 5-3 of this Act. A wine-maker's premises licensee shall
secure liquor liability insurance coverage in an amount at
least equal to the maximum liability amounts set forth in
subsection (a) of Section 6-21 of this Act.
(j) An airplane license shall permit the licensee to import
alcoholic liquors into this State from any point in the United
States outside this State and to store such alcoholic liquors
in this State; to make wholesale purchases of alcoholic liquors
directly from manufacturers, foreign importers, distributors
and importing distributors from within or outside this State;
and to store such alcoholic liquors in this State; provided
that the above powers may be exercised only in connection with
the importation, purchase or storage of alcoholic liquors to be
sold or dispensed on an airplane; and provided further, that

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airplane licensees exercising the above powers shall be subject
to all provisions of Article VIII of this Act as applied to
importing distributors. An airplane licensee shall also permit
the sale or dispensing of alcoholic liquors on any passenger
airplane regularly operated by a common carrier in this State,
but shall not permit the sale for resale of any alcoholic
liquors to any licensee within this State. A single airplane
license shall be required of an airline company if liquor
service is provided on board aircraft in this State. The annual
fee for such license shall be as determined in Section 5-3.
(k) A foreign importer's license shall permit such licensee
to purchase alcoholic liquor from Illinois licensed
non-resident dealers only, and to import alcoholic liquor other
than in bulk from any point outside the United States and to
sell such alcoholic liquor to Illinois licensed importing
distributors and to no one else in Illinois; provided that (i)
the foreign importer registers with the State Commission every
brand of alcoholic liquor that it proposes to sell to Illinois
licensees during the license period, (ii) the foreign importer
complies with all of the provisions of Section 6-9 of this Act
with respect to registration of such Illinois licensees as may
be granted the right to sell such brands at wholesale, and
(iii) the foreign importer complies with the provisions of
Sections 6-5 and 6-6 of this Act to the same extent that these
provisions apply to manufacturers.
(l) (i) A broker's license shall be required of all persons

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who solicit orders for, offer to sell or offer to supply
alcoholic liquor to retailers in the State of Illinois, or who
offer to retailers to ship or cause to be shipped or to make
contact with distillers, rectifiers, brewers or manufacturers
or any other party within or without the State of Illinois in
order that alcoholic liquors be shipped to a distributor,
importing distributor or foreign importer, whether such
solicitation or offer is consummated within or without the
State of Illinois.
No holder of a retailer's license issued by the Illinois
Liquor Control Commission shall purchase or receive any
alcoholic liquor, the order for which was solicited or offered
for sale to such retailer by a broker unless the broker is the
holder of a valid broker's license.
The broker shall, upon the acceptance by a retailer of the
broker's solicitation of an order or offer to sell or supply or
deliver or have delivered alcoholic liquors, promptly forward
to the Illinois Liquor Control Commission a notification of
said transaction in such form as the Commission may by
regulations prescribe.
(ii) A broker's license shall be required of a person
within this State, other than a retail licensee, who, for a fee
or commission, promotes, solicits, or accepts orders for
alcoholic liquor, for use or consumption and not for resale, to
be shipped from this State and delivered to residents outside
of this State by an express company, common carrier, or

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contract carrier. This Section does not apply to any person who
promotes, solicits, or accepts orders for wine as specifically
authorized in Section 6-29 of this Act.
A broker's license under this subsection (l) shall not
entitle the holder to buy or sell any alcoholic liquors for his
own account or to take or deliver title to such alcoholic
liquors.
This subsection (l) shall not apply to distributors,
employees of distributors, or employees of a manufacturer who
has registered the trademark, brand or name of the alcoholic
liquor pursuant to Section 6-9 of this Act, and who regularly
sells such alcoholic liquor in the State of Illinois only to
its registrants thereunder.
Any agent, representative, or person subject to
registration pursuant to subsection (a-1) of this Section shall
not be eligible to receive a broker's license.
(m) A non-resident dealer's license shall permit such
licensee to ship into and warehouse alcoholic liquor into this
State from any point outside of this State, and to sell such
alcoholic liquor to Illinois licensed foreign importers and
importing distributors and to no one else in this State;
provided that (i) said non-resident dealer shall register with
the Illinois Liquor Control Commission each and every brand of
alcoholic liquor which it proposes to sell to Illinois
licensees during the license period, (ii) it shall comply with
all of the provisions of Section 6-9 hereof with respect to

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registration of such Illinois licensees as may be granted the
right to sell such brands at wholesale, and (iii) the
non-resident dealer shall comply with the provisions of
Sections 6-5 and 6-6 of this Act to the same extent that these
provisions apply to manufacturers.
(n) A brew pub license shall allow the licensee (i) to
manufacture beer only on the premises specified in the license,
(ii) to make sales of the beer manufactured on the premises or,
with the approval of the Commission, beer manufactured on
another brew pub licensed premises that is substantially owned
and operated by the same licensee to importing distributors,
distributors, and to non-licensees for use and consumption,
(iii) to store the beer upon the premises, and (iv) to sell and
offer for sale at retail from the licensed premises, provided
that a brew pub licensee shall not sell for off-premises
consumption more than 50,000 gallons per year. A person who
holds a brew pub license may simultaneously hold a craft brewer
license if he or she otherwise qualifies for the craft brewer
license and the craft brewer license is for a location separate
from the brew pub's licensed premises. A brew pub license shall
permit a person who has received prior approval from the
Commission to annually transfer no more than a total of 50,000
gallons of beer manufactured on premises to all other licensed
brew pubs that are substantially owned and operated by the same
person.
(o) A caterer retailer license shall allow the holder to

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serve alcoholic liquors as an incidental part of a food service
that serves prepared meals which excludes the serving of snacks
as the primary meal, either on or off-site whether licensed or
unlicensed.
(p) An auction liquor license shall allow the licensee to
sell and offer for sale at auction wine and spirits for use or
consumption, or for resale by an Illinois liquor licensee in
accordance with provisions of this Act. An auction liquor
license will be issued to a person and it will permit the
auction liquor licensee to hold the auction anywhere in the
State. An auction liquor license must be obtained for each
auction at least 14 days in advance of the auction date.
(q) A special use permit license shall allow an Illinois
licensed retailer to transfer a portion of its alcoholic liquor
inventory from its retail licensed premises to the premises
specified in the license hereby created, and to sell or offer
for sale at retail, only in the premises specified in the
license hereby created, the transferred alcoholic liquor for
use or consumption, but not for resale in any form. A special
use permit license may be granted for the following time
periods: one day or less; 2 or more days to a maximum of 15 days
per location in any 12 month period. An applicant for the
special use permit license must also submit with the
application proof satisfactory to the State Commission that the
applicant will provide dram shop liability insurance to the
maximum limits and have local authority approval.

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(r) A winery shipper's license shall allow a person with a
first-class or second-class wine manufacturer's license, a
first-class or second-class wine-maker's license, or a limited
wine manufacturer's license or who is licensed to make wine
under the laws of another state to ship wine made by that
licensee directly to a resident of this State who is 21 years
of age or older for that resident's personal use and not for
resale. Prior to receiving a winery shipper's license, an
applicant for the license must provide the Commission with a
true copy of its current license in any state in which it is
licensed as a manufacturer of wine. An applicant for a winery
shipper's license must also complete an application form that
provides any other information the Commission deems necessary.
The application form shall include an acknowledgement
consenting to the jurisdiction of the Commission, the Illinois
Department of Revenue, and the courts of this State concerning
the enforcement of this Act and any related laws, rules, and
regulations, including authorizing the Department of Revenue
and the Commission to conduct audits for the purpose of
ensuring compliance with this amendatory Act.
A winery shipper licensee must pay to the Department of
Revenue the State liquor gallonage tax under Section 8-1 for
all wine that is sold by the licensee and shipped to a person
in this State. For the purposes of Section 8-1, a winery
shipper licensee shall be taxed in the same manner as a
manufacturer of wine. A licensee who is not otherwise required

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to register under the Retailers' Occupation Tax Act must
register under the Use Tax Act to collect and remit use tax to
the Department of Revenue for all gallons of wine that are sold
by the licensee and shipped to persons in this State. If a
licensee fails to remit the tax imposed under this Act in
accordance with the provisions of Article VIII of this Act, the
winery shipper's license shall be revoked in accordance with
the provisions of Article VII of this Act. If a licensee fails
to properly register and remit tax under the Use Tax Act or the
Retailers' Occupation Tax Act for all wine that is sold by the
winery shipper and shipped to persons in this State, the winery
shipper's license shall be revoked in accordance with the
provisions of Article VII of this Act.
A winery shipper licensee must collect, maintain, and
submit to the Commission on a semi-annual basis the total
number of cases per resident of wine shipped to residents of
this State. A winery shipper licensed under this subsection (r)
must comply with the requirements of Section 6-29 of this
amendatory Act.
(Source: P.A. 96-1367, eff. 7-28-10; 97-5, eff. 6-1-11; 97-455,
eff. 8-19-11; revised 9-16-11.)
(235 ILCS 5/6-30) (from Ch. 43, par. 144f)
Sec. 6-30. Notwithstanding any other provision of this Act,
the Illinois Gaming Board shall have exclusive authority to
establish the hours for sale and consumption of alcoholic

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liquor on board a riverboat during riverboat gambling
excursions and in a casino conducted in accordance with the
Illinois Riverboat Gambling Act.
(Source: P.A. 87-826.)
Section 90-50. The Criminal Code of 1961 is amended by
changing Sections 28-1, 28-1.1, 28-3, 28-5, and 28-7 as
follows:
(720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
Sec. 28-1. Gambling.
(a) A person commits gambling when he:
(1) Plays a game of chance or skill for money or other
thing of value, unless excepted in subsection (b) of this
Section; or
(2) Makes a wager upon the result of any game, contest,
or any political nomination, appointment or election; or
(3) Operates, keeps, owns, uses, purchases, exhibits,
rents, sells, bargains for the sale or lease of,
manufactures or distributes any gambling device; or
(4) Contracts to have or give himself or another the
option to buy or sell, or contracts to buy or sell, at a
future time, any grain or other commodity whatsoever, or
any stock or security of any company, where it is at the
time of making such contract intended by both parties
thereto that the contract to buy or sell, or the option,

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whenever exercised, or the contract resulting therefrom,
shall be settled, not by the receipt or delivery of such
property, but by the payment only of differences in prices
thereof; however, the issuance, purchase, sale, exercise,
endorsement or guarantee, by or through a person registered
with the Secretary of State pursuant to Section 8 of the
Illinois Securities Law of 1953, or by or through a person
exempt from such registration under said Section 8, of a
put, call, or other option to buy or sell securities which
have been registered with the Secretary of State or which
are exempt from such registration under Section 3 of the
Illinois Securities Law of 1953 is not gambling within the
meaning of this paragraph (4); or
(5) Knowingly owns or possesses any book, instrument or
apparatus by means of which bets or wagers have been, or
are, recorded or registered, or knowingly possesses any
money which he has received in the course of a bet or
wager; or
(6) Sells pools upon the result of any game or contest
of skill or chance, political nomination, appointment or
election; or
(7) Sets up or promotes any lottery or sells, offers to
sell or transfers any ticket or share for any lottery; or
(8) Sets up or promotes any policy game or sells,
offers to sell or knowingly possesses or transfers any
policy ticket, slip, record, document or other similar

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device; or
(9) Knowingly drafts, prints or publishes any lottery
ticket or share, or any policy ticket, slip, record,
document or similar device, except for such activity
related to lotteries, bingo games and raffles authorized by
and conducted in accordance with the laws of Illinois or
any other state or foreign government; or
(10) Knowingly advertises any lottery or policy game,
except for such activity related to lotteries, bingo games
and raffles authorized by and conducted in accordance with
the laws of Illinois or any other state; or
(11) Knowingly transmits information as to wagers,
betting odds, or changes in betting odds by telephone,
telegraph, radio, semaphore or similar means; or knowingly
installs or maintains equipment for the transmission or
receipt of such information; except that nothing in this
subdivision (11) prohibits transmission or receipt of such
information for use in news reporting of sporting events or
contests; or
(12) Knowingly establishes, maintains, or operates an
Internet site that permits a person to play a game of
chance or skill for money or other thing of value by means
of the Internet or to make a wager upon the result of any
game, contest, political nomination, appointment, or
election by means of the Internet. This item (12) does not
apply to activities referenced in items (6) and (6.1) of

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subsection (b) of this Section.
(b) Participants in any of the following activities shall
not be convicted of gambling therefor:
(1) Agreements to compensate for loss caused by the
happening of chance including without limitation contracts
of indemnity or guaranty and life or health or accident
insurance.
(2) Offers of prizes, award or compensation to the
actual contestants in any bona fide contest for the
determination of skill, speed, strength or endurance or to
the owners of animals or vehicles entered in such contest.
(3) Pari-mutuel betting as authorized by the law of
this State.
(4) Manufacture of gambling devices, including the
acquisition of essential parts therefor and the assembly
thereof, for transportation in interstate or foreign
commerce to any place outside this State when such
transportation is not prohibited by any applicable Federal
law; or the manufacture, distribution, or possession of
video gaming terminals, as defined in the Video Gaming Act,
by manufacturers, distributors, and terminal operators
licensed to do so under the Video Gaming Act.
(5) The game commonly known as "bingo", when conducted
in accordance with the Bingo License and Tax Act.
(6) Lotteries when conducted by the State of Illinois
in accordance with the Illinois Lottery Law. This exemption

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includes any activity conducted by the Department of
Revenue to sell lottery tickets pursuant to the provisions
of the Illinois Lottery Law and its rules.
(6.1) The purchase of lottery tickets through the
Internet for a lottery conducted by the State of Illinois
under the program established in Section 7.12 of the
Illinois Lottery Law.
(7) Possession of an antique slot machine that is
neither used nor intended to be used in the operation or
promotion of any unlawful gambling activity or enterprise.
For the purpose of this subparagraph (b)(7), an antique
slot machine is one manufactured 25 years ago or earlier.
(8) Raffles when conducted in accordance with the
Raffles Act.
(9) Charitable games when conducted in accordance with
the Charitable Games Act.
(10) Pull tabs and jar games when conducted under the
Illinois Pull Tabs and Jar Games Act.
(11) Gambling games conducted on riverboats when
authorized by the Illinois Riverboat Gambling Act.
(12) Video gaming terminal games at a licensed
establishment, licensed truck stop establishment, licensed
fraternal establishment, or licensed veterans
establishment when conducted in accordance with the Video
Gaming Act.
(13) Games of skill or chance where money or other

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things of value can be won but no payment or purchase is
required to participate.
(c) Sentence.
Gambling under subsection (a)(1) or (a)(2) of this Section
is a Class A misdemeanor. Gambling under any of subsections
(a)(3) through (a)(11) of this Section is a Class A
misdemeanor. A second or subsequent conviction under any of
subsections (a)(3) through (a)(11), is a Class 4 felony.
Gambling under subsection (a)(12) of this Section is a Class A
misdemeanor. A second or subsequent conviction under
subsection (a)(12) is a Class 4 felony.
(d) Circumstantial evidence.
In prosecutions under subsection (a)(1) through (a)(12) of
this Section circumstantial evidence shall have the same
validity and weight as in any criminal prosecution.
(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09;
96-1203, eff. 7-22-10.)
(720 ILCS 5/28-1.1) (from Ch. 38, par. 28-1.1)
Sec. 28-1.1. Syndicated gambling.
(a) Declaration of Purpose. Recognizing the close
relationship between professional gambling and other organized
crime, it is declared to be the policy of the legislature to
restrain persons from engaging in the business of gambling for
profit in this State. This Section shall be liberally construed
and administered with a view to carrying out this policy.

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(b) A person commits syndicated gambling when he operates a
"policy game" or engages in the business of bookmaking.
(c) A person "operates a policy game" when he knowingly
uses any premises or property for the purpose of receiving or
knowingly does receive from what is commonly called "policy":
(1) money from a person other than the better or player
whose bets or plays are represented by such money; or
(2) written "policy game" records, made or used over
any period of time, from a person other than the better or
player whose bets or plays are represented by such written
record.
(d) A person engages in bookmaking when he receives or
accepts more than five bets or wagers upon the result of any
trials or contests of skill, speed or power of endurance or
upon any lot, chance, casualty, unknown or contingent event
whatsoever, which bets or wagers shall be of such size that the
total of the amounts of money paid or promised to be paid to
such bookmaker on account thereof shall exceed $2,000.
Bookmaking is the receiving or accepting of such bets or wagers
regardless of the form or manner in which the bookmaker records
them.
(e) Participants in any of the following activities shall
not be convicted of syndicated gambling:
(1) Agreements to compensate for loss caused by the
happening of chance including without limitation contracts
of indemnity or guaranty and life or health or accident

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insurance; and
(2) Offers of prizes, award or compensation to the
actual contestants in any bona fide contest for the
determination of skill, speed, strength or endurance or to
the owners of animals or vehicles entered in such contest;
and
(3) Pari-mutuel betting as authorized by law of this
State; and
(4) Manufacture of gambling devices, including the
acquisition of essential parts therefor and the assembly
thereof, for transportation in interstate or foreign
commerce to any place outside this State when such
transportation is not prohibited by any applicable Federal
law; and
(5) Raffles when conducted in accordance with the
Raffles Act; and
(6) Gambling games conducted on riverboats or in
casinos when authorized by the Illinois Riverboat Gambling
Act; and
(7) Video gaming terminal games at a licensed
establishment, licensed truck stop establishment, licensed
fraternal establishment, or licensed veterans
establishment when conducted in accordance with the Video
Gaming Act.
(f) Sentence. Syndicated gambling is a Class 3 felony.
(Source: P.A. 96-34, eff. 7-13-09.)

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(720 ILCS 5/28-3) (from Ch. 38, par. 28-3)
Sec. 28-3. Keeping a Gambling Place. A "gambling place" is
any real estate, vehicle, boat or any other property whatsoever
used for the purposes of gambling other than gambling conducted
in the manner authorized by the Illinois Riverboat Gambling Act
or the Video Gaming Act. Any person who knowingly permits any
premises or property owned or occupied by him or under his
control to be used as a gambling place commits a Class A
misdemeanor. Each subsequent offense is a Class 4 felony. When
any premises is determined by the circuit court to be a
gambling place:
(a) Such premises is a public nuisance and may be proceeded
against as such, and
(b) All licenses, permits or certificates issued by the
State of Illinois or any subdivision or public agency thereof
authorizing the serving of food or liquor on such premises
shall be void; and no license, permit or certificate so
cancelled shall be reissued for such premises for a period of
60 days thereafter; nor shall any person convicted of keeping a
gambling place be reissued such license for one year from his
conviction and, after a second conviction of keeping a gambling
place, any such person shall not be reissued such license, and
(c) Such premises of any person who knowingly permits
thereon a violation of any Section of this Article shall be
held liable for, and may be sold to pay any unsatisfied

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judgment that may be recovered and any unsatisfied fine that
may be levied under any Section of this Article.
(Source: P.A. 96-34, eff. 7-13-09.)
(720 ILCS 5/28-5) (from Ch. 38, par. 28-5)
Sec. 28-5. Seizure of gambling devices and gambling funds.
(a) Every device designed for gambling which is incapable
of lawful use or every device used unlawfully for gambling
shall be considered a "gambling device", and shall be subject
to seizure, confiscation and destruction by the Department of
State Police or by any municipal, or other local authority,
within whose jurisdiction the same may be found. As used in
this Section, a "gambling device" includes any slot machine,
and includes any machine or device constructed for the
reception of money or other thing of value and so constructed
as to return, or to cause someone to return, on chance to the
player thereof money, property or a right to receive money or
property. With the exception of any device designed for
gambling which is incapable of lawful use, no gambling device
shall be forfeited or destroyed unless an individual with a
property interest in said device knows of the unlawful use of
the device.
(b) Every gambling device shall be seized and forfeited to
the county wherein such seizure occurs. Any money or other
thing of value integrally related to acts of gambling shall be
seized and forfeited to the county wherein such seizure occurs.

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(c) If, within 60 days after any seizure pursuant to
subparagraph (b) of this Section, a person having any property
interest in the seized property is charged with an offense, the
court which renders judgment upon such charge shall, within 30
days after such judgment, conduct a forfeiture hearing to
determine whether such property was a gambling device at the
time of seizure. Such hearing shall be commenced by a written
petition by the State, including material allegations of fact,
the name and address of every person determined by the State to
have any property interest in the seized property, a
representation that written notice of the date, time and place
of such hearing has been mailed to every such person by
certified mail at least 10 days before such date, and a request
for forfeiture. Every such person may appear as a party and
present evidence at such hearing. The quantum of proof required
shall be a preponderance of the evidence, and the burden of
proof shall be on the State. If the court determines that the
seized property was a gambling device at the time of seizure,
an order of forfeiture and disposition of the seized property
shall be entered: a gambling device shall be received by the
State's Attorney, who shall effect its destruction, except that
valuable parts thereof may be liquidated and the resultant
money shall be deposited in the general fund of the county
wherein such seizure occurred; money and other things of value
shall be received by the State's Attorney and, upon
liquidation, shall be deposited in the general fund of the

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county wherein such seizure occurred. However, in the event
that a defendant raises the defense that the seized slot
machine is an antique slot machine described in subparagraph
(b) (7) of Section 28-1 of this Code and therefore he is exempt
from the charge of a gambling activity participant, the seized
antique slot machine shall not be destroyed or otherwise
altered until a final determination is made by the Court as to
whether it is such an antique slot machine. Upon a final
determination by the Court of this question in favor of the
defendant, such slot machine shall be immediately returned to
the defendant. Such order of forfeiture and disposition shall,
for the purposes of appeal, be a final order and judgment in a
civil proceeding.
(d) If a seizure pursuant to subparagraph (b) of this
Section is not followed by a charge pursuant to subparagraph
(c) of this Section, or if the prosecution of such charge is
permanently terminated or indefinitely discontinued without
any judgment of conviction or acquittal (1) the State's
Attorney shall commence an in rem proceeding for the forfeiture
and destruction of a gambling device, or for the forfeiture and
deposit in the general fund of the county of any seized money
or other things of value, or both, in the circuit court and (2)
any person having any property interest in such seized gambling
device, money or other thing of value may commence separate
civil proceedings in the manner provided by law.
(e) Any gambling device displayed for sale to a riverboat

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gambling operation or casino gambling operation or used to
train occupational licensees of a riverboat gambling operation
or casino gambling operation as authorized under the Illinois
Riverboat Gambling Act is exempt from seizure under this
Section.
(f) Any gambling equipment, devices and supplies provided
by a licensed supplier in accordance with the Illinois
Riverboat Gambling Act which are removed from a the riverboat
or casino for repair are exempt from seizure under this
Section.
(Source: P.A. 87-826.)
(720 ILCS 5/28-7) (from Ch. 38, par. 28-7)
Sec. 28-7. Gambling contracts void.
(a) All promises, notes, bills, bonds, covenants,
contracts, agreements, judgments, mortgages, or other
securities or conveyances made, given, granted, drawn, or
entered into, or executed by any person whatsoever, where the
whole or any part of the consideration thereof is for any money
or thing of value, won or obtained in violation of any Section
of this Article are null and void.
(b) Any obligation void under this Section may be set aside
and vacated by any court of competent jurisdiction, upon a
complaint filed for that purpose, by the person so granting,
giving, entering into, or executing the same, or by his
executors or administrators, or by any creditor, heir, legatee,

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purchaser or other person interested therein; or if a judgment,
the same may be set aside on motion of any person stated above,
on due notice thereof given.
(c) No assignment of any obligation void under this Section
may in any manner affect the defense of the person giving,
granting, drawing, entering into or executing such obligation,
or the remedies of any person interested therein.
(d) This Section shall not prevent a licensed owner of a
riverboat gambling operation or casino gambling operation from
instituting a cause of action to collect any amount due and
owing under an extension of credit to a riverboat gambling
patron as authorized under Section 11.1 of the Illinois
Riverboat Gambling Act.
(Source: P.A. 87-826.)
Section 90-55. The Eminent Domain Act is amended by adding
Section 15-5-47 as follows:
(735 ILCS 30/15-5-47 new)
Sec. 15-5-47. Eminent domain powers in new Acts. The
following provisions of law may include express grants of the
power to acquire property by condemnation or eminent domain:
Chicago Casino Development Authority Act; City of Chicago; for
the purposes of the Act.

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Section 90-60. The Payday Loan Reform Act is amended by
changing Section 3-5 as follows:
(815 ILCS 122/3-5)
Sec. 3-5. Licensure.
(a) A license to make a payday loan shall state the
address, including city and state, at which the business is to
be conducted and shall state fully the name of the licensee.
The license shall be conspicuously posted in the place of
business of the licensee and shall not be transferable or
assignable.
(b) An application for a license shall be in writing and in
a form prescribed by the Secretary. The Secretary may not issue
a payday loan license unless and until the following findings
are made:
(1) that the financial responsibility, experience,
character, and general fitness of the applicant are such as
to command the confidence of the public and to warrant the
belief that the business will be operated lawfully and
fairly and within the provisions and purposes of this Act;
and
(2) that the applicant has submitted such other
information as the Secretary may deem necessary.
(c) A license shall be issued for no longer than one year,
and no renewal of a license may be provided if a licensee has
substantially violated this Act and has not cured the violation

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to the satisfaction of the Department.
(d) A licensee shall appoint, in writing, the Secretary as
attorney-in-fact upon whom all lawful process against the
licensee may be served with the same legal force and validity
as if served on the licensee. A copy of the written
appointment, duly certified, shall be filed in the office of
the Secretary, and a copy thereof certified by the Secretary
shall be sufficient evidence to subject a licensee to
jurisdiction in a court of law. This appointment shall remain
in effect while any liability remains outstanding in this State
against the licensee. When summons is served upon the Secretary
as attorney-in-fact for a licensee, the Secretary shall
immediately notify the licensee by registered mail, enclosing
the summons and specifying the hour and day of service.
(e) A licensee must pay an annual fee of $1,000. In
addition to the license fee, the reasonable expense of any
examination or hearing by the Secretary under any provisions of
this Act shall be borne by the licensee. If a licensee fails to
renew its license by December 31, its license shall
automatically expire; however, the Secretary, in his or her
discretion, may reinstate an expired license upon:
(1) payment of the annual fee within 30 days of the
date of expiration; and
(2) proof of good cause for failure to renew.
(f) Not more than one place of business shall be maintained
under the same license, but the Secretary may issue more than

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one license to the same licensee upon compliance with all the
provisions of this Act governing issuance of a single license.
The location, except those locations already in existence as of
June 1, 2005, may not be within one mile of a horse race track
subject to the Illinois Horse Racing Act of 1975, within one
mile of a facility at which gambling is conducted under the
Illinois Riverboat Gambling Act, within one mile of the
location at which a riverboat subject to the Illinois Riverboat
Gambling Act docks, or within one mile of any State of Illinois
or United States military base or naval installation.
(g) No licensee shall conduct the business of making loans
under this Act within any office, suite, room, or place of
business in which (1) any loans are offered or made under the
Consumer Installment Loan Act other than title secured loans as
defined in subsection (a) of Section 15 of the Consumer
Installment Loan Act and governed by Title 38, Section 110.330
of the Illinois Administrative Code or (2) any other business
is solicited or engaged in unless the other business is
licensed by the Department or, in the opinion of the Secretary,
the other business would not be contrary to the best interests
of consumers and is authorized by the Secretary in writing.
(g-5) Notwithstanding subsection (g) of this Section, a
licensee may obtain a license under the Consumer Installment
Loan Act (CILA) for the exclusive purpose and use of making
title secured loans, as defined in subsection (a) of Section 15
of CILA and governed by Title 38, Section 110.300 of the

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Illinois Administrative Code. A licensee may continue to
service Consumer Installment Loan Act loans that were
outstanding as of the effective date of this amendatory Act of
the 96th General Assembly.
(h) The Secretary shall maintain a list of licensees that
shall be available to interested consumers and lenders and the
public. The Secretary shall maintain a toll-free number whereby
consumers may obtain information about licensees. The
Secretary shall also establish a complaint process under which
an aggrieved consumer may file a complaint against a licensee
or non-licensee who violates any provision of this Act.
(Source: P.A. 96-936, eff. 3-21-11.)
Section 90-65. The Travel Promotion Consumer Protection
Act is amended by changing Section 2 as follows:
(815 ILCS 420/2) (from Ch. 121 1/2, par. 1852)
Sec. 2. Definitions.
(a) "Travel promoter" means a person, including a tour
operator, who sells, provides, furnishes, contracts for,
arranges or advertises that he or she will arrange wholesale or
retail transportation by air, land, sea or navigable stream,
either separately or in conjunction with other services.
"Travel promoter" does not include (1) an air carrier; (2) a
sea carrier; (3) an officially appointed agent of an air
carrier who is a member in good standing of the Airline

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Reporting Corporation; (4) a travel promoter who has in force
$1,000,000 or more of liability insurance coverage for
professional errors and omissions and a surety bond or
equivalent surety in the amount of $100,000 or more for the
benefit of consumers in the event of a bankruptcy on the part
of the travel promoter; or (5) a riverboat subject to
regulation under the Illinois Riverboat Gambling Act.
(b) "Advertise" means to make any representation in the
solicitation of passengers and includes communication with
other members of the same partnership, corporation, joint
venture, association, organization, group or other entity.
(c) "Passenger" means a person on whose behalf money or
other consideration has been given or is to be given to
another, including another member of the same partnership,
corporation, joint venture, association, organization, group
or other entity, for travel.
(d) "Ticket or voucher" means a writing or combination of
writings which is itself good and sufficient to obtain
transportation and other services for which the passenger has
contracted.
(Source: P.A. 91-357, eff. 7-29-99.)
(30 ILCS 105/5.490 rep.)
Section 90-70. The State Finance Act is amended by
repealing Section 5.490.

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(230 ILCS 5/54 rep.)
Section 90-75. The Illinois Horse Racing Act of 1975 is
amended by repealing Section 54.
ARTICLE 99.
Section 99-97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.".