Sen. John J. Cullerton

Filed: 4/15/2008

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2702

2     AMENDMENT NO. ______. Amend Senate Bill 2702 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Illinois Horse Racing Act of 1975 is
5 amended by changing Sections 3.071, 3.077, 3.12, 3.20, 3.22,
6 3.23, 26, and 27 and by adding Sections 3.28 and 3.29 as
7 follows:
 
8     (230 ILCS 5/3.071)  (from Ch. 8, par. 37-3.071)
9     Sec. 3.071. "Inter-track Wagering" means a legal wager on
10 the outcome of a simultaneously televised horse race taking
11 place at an Illinois race track placed or accepted at any
12 location authorized to accept wagers under this Act, excluding
13 the Illinois race track at which that horse race is being
14 conducted, and advance deposit wagering through an advance
15 deposit wagering licensee.
16 (Source: P.A. 89-16, eff. 5-30-95.)
 

 

 

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1     (230 ILCS 5/3.077)
2     Sec. 3.077. "Non-host licensee" means a licensee operating
3 concurrently with a host track, but does not include an advance
4 deposit wagering licensee.
5 (Source: P.A. 89-16, eff. 5-30-95.)
 
6     (230 ILCS 5/3.12)  (from Ch. 8, par. 37-3.12)
7     Sec. 3.12. Pari-mutuel system of wagering. "Pari-mutuel
8 system of wagering" means a form of wagering on the outcome of
9 horse races in which wagers are made in various denominations
10 on a horse or horses and all wagers for each race are pooled
11 and held by a licensee for distribution in a manner approved by
12 the Board. Wagers may be placed via any method or at any
13 location authorized under this Act.
14 (Source: P.A. 89-16, eff. 5-30-95.)
 
15     (230 ILCS 5/3.20)
16     Sec. 3.20. Licensee. "Licensee" means an individual
17 organization licensee, an inter-track wagering licensee, an or
18 inter-track wagering location licensee, or an advance deposit
19 wagering licensee, as the context of this Act requires.
20 (Source: P.A. 89-16, eff. 5-30-95.)
 
21     (230 ILCS 5/3.22)
22     Sec. 3.22. Wagering facility. "Wagering facility" means

 

 

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1 any location at which a licensee, other than an advance deposit
2 wagering licensee, may accept or receive pari-mutuel wagers
3 under this Act.
4 (Source: P.A. 89-16, eff. 5-30-95.)
 
5     (230 ILCS 5/3.23)
6     Sec. 3.23. Wagering. "Wagering" means, collectively, the
7 pari-mutuel system of wagering, inter-track wagering, and
8 simulcast wagering, and advance deposit wagering.
9 (Source: P.A. 89-16, eff. 5-30-95.)
 
10     (230 ILCS 5/3.28 new)
11     Sec. 3.28. Advance deposit wagering licensee. "Advance
12 deposit wagering licensee" means a person licensed by the Board
13 to conduct advance deposit wagering. An advance deposit
14 wagering licensee shall be an organization licensee or a person
15 or third party who contracts with an organization licensee in
16 order to conduct advance deposit wagering.
 
17     (230 ILCS 5/3.29 new)
18     Sec. 3.29. Advance deposit wagering. "Advance deposit
19 wagering" means a method of pari-mutuel wagering in which an
20 individual may establish an account, deposit money into the
21 account, and use the account balance to pay for pari-mutuel
22 wagering authorized by this Act. An advance deposit wager may
23 be placed in person at a wagering facility or from any other

 

 

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1 location via a telephone-type device or any other electronic
2 means. Any person who accepts an advance deposit wager who is
3 not licensed by the Board as an advance deposit wagering
4 licensee shall be considered in violation of this Act and the
5 Criminal Code of 1961. Any advance deposit wager placed in
6 person at a wagering facility shall be deemed to have been
7 placed at that wagering facility.
 
8     (230 ILCS 5/26)  (from Ch. 8, par. 37-26)
9     Sec. 26. Wagering.
10     (a) Any licensee may conduct and supervise the pari-mutuel
11 system of wagering, as defined in Section 3.12 of this Act, on
12 horse races conducted by an Illinois organization licensee or
13 conducted at a racetrack located in another state or country
14 and televised in Illinois in accordance with subsection (g) of
15 Section 26 of this Act. Subject to the prior consent of the
16 Board, licensees may supplement any pari-mutuel pool in order
17 to guarantee a minimum distribution. Such pari-mutuel method of
18 wagering shall not, under any circumstances if conducted under
19 the provisions of this Act, be held or construed to be
20 unlawful, other statutes of this State to the contrary
21 notwithstanding. Subject to rules for advance wagering
22 promulgated by the Board, any licensee may accept wagers in
23 advance of the day of the race wagered upon occurs.
24     (b) No other method of betting, pool making, wagering or
25 gambling shall be used or permitted by the licensee. Each

 

 

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1 licensee may retain, subject to the payment of all applicable
2 taxes and purses, an amount not to exceed 17% of all money
3 wagered under subsection (a) of this Section, except as may
4 otherwise be permitted under this Act.
5     (b-5) An individual may place a wager under the pari-mutuel
6 system from any licensed location authorized under this Act
7 provided that wager is electronically recorded in the manner
8 described in Section 3.12 of this Act. Any wager made
9 electronically by an individual while physically on the
10 premises of a licensee shall be deemed to have been made at the
11 premises of that licensee.
12     (c) Until January 1, 2000, the sum held by any licensee for
13 payment of outstanding pari-mutuel tickets, if unclaimed prior
14 to December 31 of the next year, shall be retained by the
15 licensee for payment of such tickets until that date. Within 10
16 days thereafter, the balance of such sum remaining unclaimed,
17 less any uncashed supplements contributed by such licensee for
18 the purpose of guaranteeing minimum distributions of any
19 pari-mutuel pool, shall be paid to the Illinois Veterans'
20 Rehabilitation Fund of the State treasury, except as provided
21 in subsection (g) of Section 27 of this Act.
22     (c-5) Beginning January 1, 2000, the sum held by any
23 licensee for payment of outstanding pari-mutuel tickets, if
24 unclaimed prior to December 31 of the next year, shall be
25 retained by the licensee for payment of such tickets until that
26 date. Within 10 days thereafter, the balance of such sum

 

 

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1 remaining unclaimed, less any uncashed supplements contributed
2 by such licensee for the purpose of guaranteeing minimum
3 distributions of any pari-mutuel pool, shall be evenly
4 distributed to the purse account of the organization licensee
5 and the organization licensee.
6     (d) A pari-mutuel ticket shall be honored until December 31
7 of the next calendar year, and the licensee shall pay the same
8 and may charge the amount thereof against unpaid money
9 similarly accumulated on account of pari-mutuel tickets not
10 presented for payment.
11     (e) No licensee shall knowingly permit any minor, other
12 than an employee of such licensee or an owner, trainer, jockey,
13 driver, or employee thereof, to be admitted during a racing
14 program unless accompanied by a parent or guardian, or any
15 minor to be a patron of the pari-mutuel system of wagering
16 conducted or supervised by it. The admission of any
17 unaccompanied minor, other than an employee of the licensee or
18 an owner, trainer, jockey, driver, or employee thereof at a
19 race track is a Class C misdemeanor.
20     (f) Notwithstanding the other provisions of this Act, an
21 organization licensee may contract with an entity in another
22 state or country to permit any legal wagering entity in another
23 state or country to accept wagers solely within such other
24 state or country on races conducted by the organization
25 licensee in this State. Beginning January 1, 2000, these wagers
26 shall not be subject to State taxation. Until January 1, 2000,

 

 

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1 when the out-of-State entity conducts a pari-mutuel pool
2 separate from the organization licensee, a privilege tax equal
3 to 7 1/2% of all monies received by the organization licensee
4 from entities in other states or countries pursuant to such
5 contracts is imposed on the organization licensee, and such
6 privilege tax shall be remitted to the Department of Revenue
7 within 48 hours of receipt of the moneys from the simulcast.
8 When the out-of-State entity conducts a combined pari-mutuel
9 pool with the organization licensee, the tax shall be 10% of
10 all monies received by the organization licensee with 25% of
11 the receipts from this 10% tax to be distributed to the county
12 in which the race was conducted.
13     An organization licensee may permit one or more of its
14 races to be utilized for pari-mutuel wagering at one or more
15 locations in other states and may transmit audio and visual
16 signals of races the organization licensee conducts to one or
17 more locations outside the State or country and may also permit
18 pari-mutuel pools in other states or countries to be combined
19 with its gross or net wagering pools or with wagering pools
20 established by other states.
21     (g) A host track may accept interstate simulcast wagers on
22 horse races conducted in other states or countries and shall
23 control the number of signals and types of breeds of racing in
24 its simulcast program, subject to the disapproval of the Board.
25 The Board may prohibit a simulcast program only if it finds
26 that the simulcast program is clearly adverse to the integrity

 

 

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1 of racing. The host track simulcast program shall include the
2 signal of live racing of all organization licensees. All
3 non-host licensees and advance deposit wagering licensees
4 shall carry the signal of and accept wagers on live racing of
5 all organization licensees. Advance deposit wagering licensees
6 shall not be permitted to accept out-of-state wagers on any
7 Illinois signal provided pursuant to this Section without the
8 approval and consent of the organization licensee providing the
9 signal. Non-host licensees may carry the host track simulcast
10 program and shall accept wagers on all races included as part
11 of the simulcast program upon which wagering is permitted. All
12 organization licensees shall provide their live signal to all
13 advance deposit wagering licensees for a simulcast commission
14 fee not to exceed 6% of the advance deposit wagering licensee's
15 Illinois handle on the organization licensee's signal without
16 prior approval by the Board. The Board may adopt rules under
17 which it may permit simulcast commission fees in excess of 6%.
18 The costs and expenses of the host track and non-host licensees
19 associated with interstate simulcast wagering, other than the
20 interstate commission fee, shall be borne by the host track and
21 all non-host licensees incurring these costs. The interstate
22 commission fee shall not exceed 5% of Illinois handle on the
23 interstate simulcast race or races without prior approval of
24 the Board. The Board shall promulgate rules under which it may
25 permit interstate commission fees in excess of 5%. The
26 interstate commission fee and other fees charged by the sending

 

 

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1 racetrack, including, but not limited to, satellite decoder
2 fees, shall be uniformly applied to the host track and all
3 non-host licensees.
4     Notwithstanding any other provision of this Act, an
5 organization licensee may maintain a system whereby advance
6 deposit wagering may take place or an organization licensee,
7 with the consent of the horsemen association representing the
8 largest number of owners, trainers, jockeys, or standardbred
9 drivers who race horses at that organization licensee's racing
10 meeting, may contract with another person to carry out a system
11 of advance deposit wagering. All advance deposit wagers placed
12 from within Illinois must be placed through a Board-approved
13 advance deposit wagering licensee; no other entity may accept
14 an advance deposit wager from a person within Illinois. All
15 advance deposit wagering is subject to any rules adopted by the
16 Board. The Board may adopt rules necessary to regulate advance
17 deposit wagering through the use of emergency rulemaking in
18 accordance with Section 5-45 of the Illinois Administrative
19 Procedure Act. The General Assembly finds that the adoption of
20 rules to regulate advance deposit wagering is deemed an
21 emergency and necessary for the public interest, safety, and
22 welfare. An advance deposit wagering licensee may retain all
23 moneys as agreed to by contract with an organization licensee.
24 Any moneys retained by the organization licensee from advance
25 deposit wagering, not including moneys retained by the advance
26 deposit wagering licensee, shall be paid 50% to the

 

 

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1 organization licensee's purse account and 50% to the
2 organization licensee. To the extent any fees from advance
3 deposit wagering conducted in Illinois for wagers in Illinois
4 or other states have been placed in escrow or otherwise
5 withheld from wagers pending a determination of the legality of
6 advance deposit wagering, no action shall be brought to declare
7 such wagers or the disbursement of any fees previously escrowed
8 illegal.
9         (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
10     intertrack wagering licensee other than the host track may
11     supplement the host track simulcast program with
12     additional simulcast races or race programs, provided that
13     between January 1 and the third Friday in February of any
14     year, inclusive, if no live thoroughbred racing is
15     occurring in Illinois during this period, only
16     thoroughbred races may be used for supplemental interstate
17     simulcast purposes. The Board shall withhold approval for a
18     supplemental interstate simulcast only if it finds that the
19     simulcast is clearly adverse to the integrity of racing. A
20     supplemental interstate simulcast may be transmitted from
21     an intertrack wagering licensee to its affiliated non-host
22     licensees. The interstate commission fee for a
23     supplemental interstate simulcast shall be paid by the
24     non-host licensee and its affiliated non-host licensees
25     receiving the simulcast.
26         (2) Between the hours of 6:30 p.m. and 6:30 a.m. an

 

 

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

 

 

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

 

 

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1         non-host licensee, 25% to the host track, 25% to the
2         non-host licensee, and 50% to the purses at the host
3         track.
4         (6) Notwithstanding any provision in this Act to the
5     contrary, non-host licensees who derive their licenses
6     from a track located in a county with a population in
7     excess of 230,000 and that borders the Mississippi River
8     may receive supplemental interstate simulcast races at all
9     times subject to Board approval, which shall be withheld
10     only upon a finding that a supplemental interstate
11     simulcast is clearly adverse to the integrity of racing.
12         (7) Notwithstanding any provision of this Act to the
13     contrary, after payment of all applicable State and local
14     taxes and interstate commission fees, non-host licensees
15     who derive their licenses from a track located in a county
16     with a population in excess of 230,000 and that borders the
17     Mississippi River shall retain 50% of the retention from
18     interstate simulcast wagers and shall pay 50% to purses at
19     the track from which the non-host licensee derives its
20     license as follows:
21             (A) Between January 1 and the third Friday in
22         February, inclusive, if no live thoroughbred racing is
23         occurring in Illinois during this period, when the
24         interstate simulcast is a standardbred race, the purse
25         share to its standardbred purse account;
26             (B) Between January 1 and the third Friday in

 

 

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1         February, inclusive, if no live thoroughbred racing is
2         occurring in Illinois during this period, and the
3         interstate simulcast is a thoroughbred race, the purse
4         share to its interstate simulcast purse pool to be
5         distributed under paragraph (10) of this subsection
6         (g);
7             (C) Between January 1 and the third Friday in
8         February, inclusive, if live thoroughbred racing is
9         occurring in Illinois, between 6:30 a.m. and 6:30 p.m.
10         the purse share from wagers made during this time
11         period to its thoroughbred purse account and between
12         6:30 p.m. and 6:30 a.m. the purse share from wagers
13         made during this time period to its standardbred purse
14         accounts;
15             (D) Between the third Saturday in February and
16         December 31, when the interstate simulcast occurs
17         between the hours of 6:30 a.m. and 6:30 p.m., the purse
18         share to its thoroughbred purse account;
19             (E) Between the third Saturday in February and
20         December 31, when the interstate simulcast occurs
21         between the hours of 6:30 p.m. and 6:30 a.m., the purse
22         share to its standardbred purse account.
23         (7.1) Notwithstanding any other provision of this Act
24     to the contrary, if no standardbred racing is conducted at
25     a racetrack located in Madison County during any calendar
26     year beginning on or after January 1, 2002, all moneys

 

 

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

 

 

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1     a racetrack located in Madison County during any calendar
2     year beginning on or after January 1, 2002, all moneys
3     derived by that racetrack from simulcast wagering and
4     inter-track wagering that (1) are to be used for purses and
5     (2) are generated between the hours of 6:30 a.m. and 6:30
6     p.m. during that calendar year shall be deposited as
7     follows:
8             (A) If the licensee that conducts horse racing at
9         that racetrack requests from the Board at least as many
10         racing dates as were conducted in calendar year 2000,
11         80% shall be deposited into its standardbred purse
12         account; and
13             (B) Twenty percent shall be deposited into the
14         Illinois Colt Stakes Purse Distribution Fund. Moneys
15         deposited into the Illinois Colt Stakes Purse
16         Distribution Fund pursuant to this subparagraph (B)
17         shall be paid to Illinois conceived and foaled
18         thoroughbred breeders' programs and to thoroughbred
19         purses for races conducted at any county fairgrounds
20         for Illinois conceived and foaled horses at the
21         discretion of the Department of Agriculture, with the
22         advice and assistance of the Illinois Thoroughbred
23         Breeders Fund Advisory Board. The moneys deposited
24         into the Illinois Colt Stakes Purse Distribution Fund
25         pursuant to this subparagraph (B) shall be deposited
26         within 2 weeks after the day they were generated, shall

 

 

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1         be in addition to and not in lieu of any other moneys
2         paid to thoroughbred purses under this Act, and shall
3         not be commingled with other moneys deposited into that
4         Fund.
5         (7.3) If no live standardbred racing is conducted at a
6     racetrack located in Madison County in calendar year 2000
7     or 2001, an organization licensee who is licensed to
8     conduct horse racing at that racetrack shall, before
9     January 1, 2002, pay all moneys derived from simulcast
10     wagering and inter-track wagering in calendar years 2000
11     and 2001 and paid into the licensee's standardbred purse
12     account as follows:
13             (A) Eighty percent to that licensee's thoroughbred
14         purse account to be used for thoroughbred purses; and
15             (B) Twenty percent to the Illinois Colt Stakes
16         Purse Distribution Fund.
17         Failure to make the payment to the Illinois Colt Stakes
18     Purse Distribution Fund before January 1, 2002 shall result
19     in the immediate revocation of the licensee's organization
20     license, inter-track wagering license, and inter-track
21     wagering location license.
22         Moneys paid into the Illinois Colt Stakes Purse
23     Distribution Fund pursuant to this paragraph (7.3) shall be
24     paid to purses for standardbred races for Illinois
25     conceived and foaled horses conducted at any county
26     fairgrounds. Moneys paid into the Illinois Colt Stakes

 

 

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1     Purse Distribution Fund pursuant to this paragraph (7.3)
2     shall be used as determined by the Department of
3     Agriculture, with the advice and assistance of the Illinois
4     Standardbred Breeders Fund Advisory Board, shall be in
5     addition to and not in lieu of any other moneys paid to
6     standardbred purses under this Act, and shall not be
7     commingled with any other moneys paid into that Fund.
8         (7.4) If live standardbred racing is conducted at a
9     racetrack located in Madison County at any time in calendar
10     year 2001 before the payment required under paragraph (7.3)
11     has been made, the organization licensee who is licensed to
12     conduct racing at that racetrack shall pay all moneys
13     derived by that racetrack from simulcast wagering and
14     inter-track wagering during calendar years 2000 and 2001
15     that (1) are to be used for purses and (2) are generated
16     between the hours of 6:30 p.m. and 6:30 a.m. during 2000 or
17     2001 to the standardbred purse account at that racetrack to
18     be used for standardbred purses.
19         (8) Notwithstanding any provision in this Act to the
20     contrary, an organization licensee from a track located in
21     a county with a population in excess of 230,000 and that
22     borders the Mississippi River and its affiliated non-host
23     licensees shall not be entitled to share in any retention
24     generated on racing, inter-track wagering, or simulcast
25     wagering at any other Illinois wagering facility.
26         (8.1) Notwithstanding any provisions in this Act to the

 

 

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

 

 

09500SB2702sam001 - 20 - LRB095 05652 AMC 49567 a

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

 

 

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1     facility entitled to a payment under this paragraph (13) is
2     affiliated with a race track that maintains purse accounts
3     for both standardbred and thoroughbred racing, the amount
4     to be paid to the wagering facility shall be divided
5     between each purse account pro rata, based on the amount of
6     Illinois handle on Illinois standardbred and thoroughbred
7     racing respectively at the wagering facility during the
8     previous calendar year. Annually, the General Assembly
9     shall appropriate sufficient funds from the General
10     Revenue Fund to the Department of Agriculture for payment
11     into the thoroughbred and standardbred horse racing purse
12     accounts at Illinois pari-mutuel tracks. The amount paid to
13     each purse account shall be the amount certified by the
14     Illinois Racing Board in January to be transferred from
15     each account to each eligible racing facility in accordance
16     with the provisions of this Section.
17     (h) The Board may approve and license the conduct of
18 inter-track wagering and simulcast wagering by inter-track
19 wagering licensees and inter-track wagering location licensees
20 subject to the following terms and conditions:
21         (1) Any person licensed to conduct a race meeting (i)
22     at a track where 60 or more days of racing were conducted
23     during the immediately preceding calendar year or where
24     over the 5 immediately preceding calendar years an average
25     of 30 or more days of racing were conducted annually may be
26     issued an inter-track wagering license; (ii) at a track

 

 

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

 

 

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1     prior to such dates as may be fixed by the Board. With an
2     application for an inter-track wagering location license
3     there shall be delivered to the Board a certified check or
4     bank draft payable to the order of the Board for an amount
5     equal to $500. The application shall be on forms prescribed
6     and furnished by the Board. The application shall comply
7     with all other rules, regulations and conditions imposed by
8     the Board in connection therewith.
9         (2) The Board shall examine the applications with
10     respect to their conformity with this Act and the rules and
11     regulations imposed by the Board. If found to be in
12     compliance with the Act and rules and regulations of the
13     Board, the Board may then issue a license to conduct
14     inter-track wagering and simulcast wagering to such
15     applicant. All such applications shall be acted upon by the
16     Board at a meeting to be held on such date as may be fixed
17     by the Board.
18         (3) In granting licenses to conduct inter-track
19     wagering and simulcast wagering, the Board shall give due
20     consideration to the best interests of the public, of horse
21     racing, and of maximizing revenue to the State.
22         (4) Prior to the issuance of a license to conduct
23     inter-track wagering and simulcast wagering, the applicant
24     shall file with the Board a bond payable to the State of
25     Illinois in the sum of $50,000, executed by the applicant
26     and a surety company or companies authorized to do business

 

 

09500SB2702sam001 - 24 - LRB095 05652 AMC 49567 a

1     in this State, and conditioned upon (i) the payment by the
2     licensee of all taxes due under Section 27 or 27.1 and any
3     other monies due and payable under this Act, and (ii)
4     distribution by the licensee, upon presentation of the
5     winning ticket or tickets, of all sums payable to the
6     patrons of pari-mutuel pools.
7         (5) Each license to conduct inter-track wagering and
8     simulcast wagering shall specify the person to whom it is
9     issued, the dates on which such wagering is permitted, and
10     the track or location where the wagering is to be
11     conducted.
12         (6) All wagering under such license is subject to this
13     Act and to the rules and regulations from time to time
14     prescribed by the Board, and every such license issued by
15     the Board shall contain a recital to that effect.
16         (7) An inter-track wagering licensee or inter-track
17     wagering location licensee may accept wagers at the track
18     or location where it is licensed, or as otherwise provided
19     under this Act.
20         (8) Inter-track wagering or simulcast wagering shall
21     not be conducted at any track less than 5 miles from a
22     track at which a racing meeting is in progress.
23         (8.1) Inter-track wagering location licensees who
24     derive their licenses from a particular organization
25     licensee shall conduct inter-track wagering and simulcast
26     wagering only at locations which are either within 90 miles

 

 

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1     of that race track where the particular organization
2     licensee is licensed to conduct racing, or within 135 miles
3     of that race track where the particular organization
4     licensee is licensed to conduct racing in the case of race
5     tracks in counties of less than 400,000 that were operating
6     on or before June 1, 1986. However, inter-track wagering
7     and simulcast wagering shall not be conducted by those
8     licensees at any location within 5 miles of any race track
9     at which a horse race meeting has been licensed in the
10     current year, unless the person having operating control of
11     such race track has given its written consent to such
12     inter-track wagering location licensees, which consent
13     must be filed with the Board at or prior to the time
14     application is made.
15         (8.2) Inter-track wagering or simulcast wagering shall
16     not be conducted by an inter-track wagering location
17     licensee at any location within 500 feet of an existing
18     church or existing school, nor within 500 feet of the
19     residences of more than 50 registered voters without
20     receiving written permission from a majority of the
21     registered voters at such residences. Such written
22     permission statements shall be filed with the Board. The
23     distance of 500 feet shall be measured to the nearest part
24     of any building used for worship services, education
25     programs, residential purposes, or conducting inter-track
26     wagering by an inter-track wagering location licensee, and

 

 

09500SB2702sam001 - 26 - LRB095 05652 AMC 49567 a

1     not to property boundaries. However, inter-track wagering
2     or simulcast wagering may be conducted at a site within 500
3     feet of a church, school or residences of 50 or more
4     registered voters if such church, school or residences have
5     been erected or established, or such voters have been
6     registered, after the Board issues the original
7     inter-track wagering location license at the site in
8     question. Inter-track wagering location licensees may
9     conduct inter-track wagering and simulcast wagering only
10     in areas that are zoned for commercial or manufacturing
11     purposes or in areas for which a special use has been
12     approved by the local zoning authority. However, no license
13     to conduct inter-track wagering and simulcast wagering
14     shall be granted by the Board with respect to any
15     inter-track wagering location within the jurisdiction of
16     any local zoning authority which has, by ordinance or by
17     resolution, prohibited the establishment of an inter-track
18     wagering location within its jurisdiction. However,
19     inter-track wagering and simulcast wagering may be
20     conducted at a site if such ordinance or resolution is
21     enacted after the Board licenses the original inter-track
22     wagering location licensee for the site in question.
23         (9) (Blank).
24         (10) An inter-track wagering licensee or an
25     inter-track wagering location licensee may retain, subject
26     to the payment of the privilege taxes and the purses, an

 

 

09500SB2702sam001 - 27 - LRB095 05652 AMC 49567 a

1     amount not to exceed 17% of all money wagered. Each program
2     of racing conducted by each inter-track wagering licensee
3     or inter-track wagering location licensee shall be
4     considered a separate racing day for the purpose of
5     determining the daily handle and computing the privilege
6     tax or pari-mutuel tax on such daily handle as provided in
7     Section 27.
8         (10.1) Except as provided in subsection (g) of Section
9     27 of this Act, inter-track wagering location licensees
10     shall pay 1% of the pari-mutuel handle at each location to
11     the municipality in which such location is situated and 1%
12     of the pari-mutuel handle at each location to the county in
13     which such location is situated. In the event that an
14     inter-track wagering location licensee is situated in an
15     unincorporated area of a county, such licensee shall pay 2%
16     of the pari-mutuel handle from such location to such
17     county.
18         (10.2) Notwithstanding any other provision of this
19     Act, with respect to intertrack wagering at a race track
20     located in a county that has a population of more than
21     230,000 and that is bounded by the Mississippi River ("the
22     first race track"), or at a facility operated by an
23     inter-track wagering licensee or inter-track wagering
24     location licensee that derives its license from the
25     organization licensee that operates the first race track,
26     on races conducted at the first race track or on races

 

 

09500SB2702sam001 - 28 - LRB095 05652 AMC 49567 a

1     conducted at another Illinois race track and
2     simultaneously televised to the first race track or to a
3     facility operated by an inter-track wagering licensee or
4     inter-track wagering location licensee that derives its
5     license from the organization licensee that operates the
6     first race track, those moneys shall be allocated as
7     follows:
8             (A) That portion of all moneys wagered on
9         standardbred racing that is required under this Act to
10         be paid to purses shall be paid to purses for
11         standardbred races.
12             (B) That portion of all moneys wagered on
13         thoroughbred racing that is required under this Act to
14         be paid to purses shall be paid to purses for
15         thoroughbred races.
16         (11) (A) After payment of the privilege or pari-mutuel
17     tax, any other applicable taxes, and the costs and expenses
18     in connection with the gathering, transmission, and
19     dissemination of all data necessary to the conduct of
20     inter-track wagering, the remainder of the monies retained
21     under either Section 26 or Section 26.2 of this Act by the
22     inter-track wagering licensee on inter-track wagering
23     shall be allocated with 50% to be split between the 2
24     participating licensees and 50% to purses, except that an
25     intertrack wagering licensee that derives its license from
26     a track located in a county with a population in excess of

 

 

09500SB2702sam001 - 29 - LRB095 05652 AMC 49567 a

1     230,000 and that borders the Mississippi River shall not
2     divide any remaining retention with the Illinois
3     organization licensee that provides the race or races, and
4     an intertrack wagering licensee that accepts wagers on
5     races conducted by an organization licensee that conducts a
6     race meet in a county with a population in excess of
7     230,000 and that borders the Mississippi River shall not
8     divide any remaining retention with that organization
9     licensee.
10         (B) From the sums permitted to be retained pursuant to
11     this Act each inter-track wagering location licensee shall
12     pay (i) the privilege or pari-mutuel tax to the State; (ii)
13     4.75% of the pari-mutuel handle on intertrack wagering at
14     such location on races as purses, except that an intertrack
15     wagering location licensee that derives its license from a
16     track located in a county with a population in excess of
17     230,000 and that borders the Mississippi River shall retain
18     all purse moneys for its own purse account consistent with
19     distribution set forth in this subsection (h), and
20     intertrack wagering location licensees that accept wagers
21     on races conducted by an organization licensee located in a
22     county with a population in excess of 230,000 and that
23     borders the Mississippi River shall distribute all purse
24     moneys to purses at the operating host track; (iii) until
25     January 1, 2000, except as provided in subsection (g) of
26     Section 27 of this Act, 1% of the pari-mutuel handle

 

 

09500SB2702sam001 - 30 - LRB095 05652 AMC 49567 a

1     wagered on inter-track wagering and simulcast wagering at
2     each inter-track wagering location licensee facility to
3     the Horse Racing Tax Allocation Fund, provided that, to the
4     extent the total amount collected and distributed to the
5     Horse Racing Tax Allocation Fund under this subsection (h)
6     during any calendar year exceeds the amount collected and
7     distributed to the Horse Racing Tax Allocation Fund during
8     calendar year 1994, that excess amount shall be
9     redistributed (I) to all inter-track wagering location
10     licensees, based on each licensee's pro-rata share of the
11     total handle from inter-track wagering and simulcast
12     wagering for all inter-track wagering location licensees
13     during the calendar year in which this provision is
14     applicable; then (II) the amounts redistributed to each
15     inter-track wagering location licensee as described in
16     subpart (I) shall be further redistributed as provided in
17     subparagraph (B) of paragraph (5) of subsection (g) of this
18     Section 26 provided first, that the shares of those
19     amounts, which are to be redistributed to the host track or
20     to purses at the host track under subparagraph (B) of
21     paragraph (5) of subsection (g) of this Section 26 shall be
22     redistributed based on each host track's pro rata share of
23     the total inter-track wagering and simulcast wagering
24     handle at all host tracks during the calendar year in
25     question, and second, that any amounts redistributed as
26     described in part (I) to an inter-track wagering location

 

 

09500SB2702sam001 - 31 - LRB095 05652 AMC 49567 a

1     licensee that accepts wagers on races conducted by an
2     organization licensee that conducts a race meet in a county
3     with a population in excess of 230,000 and that borders the
4     Mississippi River shall be further redistributed as
5     provided in subparagraphs (D) and (E) of paragraph (7) of
6     subsection (g) of this Section 26, with the portion of that
7     further redistribution allocated to purses at that
8     organization licensee to be divided between standardbred
9     purses and thoroughbred purses based on the amounts
10     otherwise allocated to purses at that organization
11     licensee during the calendar year in question; and (iv) 8%
12     of the pari-mutuel handle on inter-track wagering wagered
13     at such location to satisfy all costs and expenses of
14     conducting its wagering. The remainder of the monies
15     retained by the inter-track wagering location licensee
16     shall be allocated 40% to the location licensee and 60% to
17     the organization licensee which provides the Illinois
18     races to the location, except that an intertrack wagering
19     location licensee that derives its license from a track
20     located in a county with a population in excess of 230,000
21     and that borders the Mississippi River shall not divide any
22     remaining retention with the organization licensee that
23     provides the race or races and an intertrack wagering
24     location licensee that accepts wagers on races conducted by
25     an organization licensee that conducts a race meet in a
26     county with a population in excess of 230,000 and that

 

 

09500SB2702sam001 - 32 - LRB095 05652 AMC 49567 a

1     borders the Mississippi River shall not divide any
2     remaining retention with the organization licensee.
3     Notwithstanding the provisions of clauses (ii) and (iv) of
4     this paragraph, in the case of the additional inter-track
5     wagering location licenses authorized under paragraph (1)
6     of this subsection (h) by this amendatory Act of 1991,
7     those licensees shall pay the following amounts as purses:
8     during the first 12 months the licensee is in operation,
9     5.25% of the pari-mutuel handle wagered at the location on
10     races; during the second 12 months, 5.25%; during the third
11     12 months, 5.75%; during the fourth 12 months, 6.25%; and
12     during the fifth 12 months and thereafter, 6.75%. The
13     following amounts shall be retained by the licensee to
14     satisfy all costs and expenses of conducting its wagering:
15     during the first 12 months the licensee is in operation,
16     8.25% of the pari-mutuel handle wagered at the location;
17     during the second 12 months, 8.25%; during the third 12
18     months, 7.75%; during the fourth 12 months, 7.25%; and
19     during the fifth 12 months and thereafter, 6.75%. For
20     additional intertrack wagering location licensees
21     authorized under this amendatory Act of 1995, purses for
22     the first 12 months the licensee is in operation shall be
23     5.75% of the pari-mutuel wagered at the location, purses
24     for the second 12 months the licensee is in operation shall
25     be 6.25%, and purses thereafter shall be 6.75%. For
26     additional intertrack location licensees authorized under

 

 

09500SB2702sam001 - 33 - LRB095 05652 AMC 49567 a

1     this amendatory Act of 1995, the licensee shall be allowed
2     to retain to satisfy all costs and expenses: 7.75% of the
3     pari-mutuel handle wagered at the location during its first
4     12 months of operation, 7.25% during its second 12 months
5     of operation, and 6.75% thereafter.
6         (C) There is hereby created the Horse Racing Tax
7     Allocation Fund which shall remain in existence until
8     December 31, 1999. Moneys remaining in the Fund after
9     December 31, 1999 shall be paid into the General Revenue
10     Fund. Until January 1, 2000, all monies paid into the Horse
11     Racing Tax Allocation Fund pursuant to this paragraph (11)
12     by inter-track wagering location licensees located in park
13     districts of 500,000 population or less, or in a
14     municipality that is not included within any park district
15     but is included within a conservation district and is the
16     county seat of a county that (i) is contiguous to the state
17     of Indiana and (ii) has a 1990 population of 88,257
18     according to the United States Bureau of the Census, and
19     operating on May 1, 1994 shall be allocated by
20     appropriation as follows:
21             Two-sevenths to the Department of Agriculture.
22         Fifty percent of this two-sevenths shall be used to
23         promote the Illinois horse racing and breeding
24         industry, and shall be distributed by the Department of
25         Agriculture upon the advice of a 9-member committee
26         appointed by the Governor consisting of the following

 

 

09500SB2702sam001 - 34 - LRB095 05652 AMC 49567 a

1         members: the Director of Agriculture, who shall serve
2         as chairman; 2 representatives of organization
3         licensees conducting thoroughbred race meetings in
4         this State, recommended by those licensees; 2
5         representatives of organization licensees conducting
6         standardbred race meetings in this State, recommended
7         by those licensees; a representative of the Illinois
8         Thoroughbred Breeders and Owners Foundation,
9         recommended by that Foundation; a representative of
10         the Illinois Standardbred Owners and Breeders
11         Association, recommended by that Association; a
12         representative of the Horsemen's Benevolent and
13         Protective Association or any successor organization
14         thereto established in Illinois comprised of the
15         largest number of owners and trainers, recommended by
16         that Association or that successor organization; and a
17         representative of the Illinois Harness Horsemen's
18         Association, recommended by that Association.
19         Committee members shall serve for terms of 2 years,
20         commencing January 1 of each even-numbered year. If a
21         representative of any of the above-named entities has
22         not been recommended by January 1 of any even-numbered
23         year, the Governor shall appoint a committee member to
24         fill that position. Committee members shall receive no
25         compensation for their services as members but shall be
26         reimbursed for all actual and necessary expenses and

 

 

09500SB2702sam001 - 35 - LRB095 05652 AMC 49567 a

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

 

 

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1         1990 population of 9,302 according to the United States
2         Bureau of the Census); provided that the monies are
3         distributed to each park district or conservation
4         district or municipality that does not have a park
5         district in an amount equal to four-sevenths of the
6         amount collected by each inter-track wagering location
7         licensee within the park district or conservation
8         district or municipality for the Fund. Monies that were
9         paid into the Horse Racing Tax Allocation Fund before
10         the effective date of this amendatory Act of 1991 by an
11         inter-track wagering location licensee located in a
12         municipality that is not included within any park
13         district but is included within a conservation
14         district as provided in this paragraph shall, as soon
15         as practicable after the effective date of this
16         amendatory Act of 1991, be allocated and paid to that
17         conservation district as provided in this paragraph.
18         Any park district or municipality not maintaining a
19         museum may deposit the monies in the corporate fund of
20         the park district or municipality where the
21         inter-track wagering location is located, to be used
22         for general purposes; and
23             One-seventh to the Agricultural Premium Fund to be
24         used for distribution to agricultural home economics
25         extension councils in accordance with "An Act in
26         relation to additional support and finances for the

 

 

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1         Agricultural and Home Economic Extension Councils in
2         the several counties of this State and making an
3         appropriation therefor", approved July 24, 1967.
4         Until January 1, 2000, all other monies paid into the
5     Horse Racing Tax Allocation Fund pursuant to this paragraph
6     (11) shall be allocated by appropriation as follows:
7             Two-sevenths to the Department of Agriculture.
8         Fifty percent of this two-sevenths shall be used to
9         promote the Illinois horse racing and breeding
10         industry, and shall be distributed by the Department of
11         Agriculture upon the advice of a 9-member committee
12         appointed by the Governor consisting of the following
13         members: the Director of Agriculture, who shall serve
14         as chairman; 2 representatives of organization
15         licensees conducting thoroughbred race meetings in
16         this State, recommended by those licensees; 2
17         representatives of organization licensees conducting
18         standardbred race meetings in this State, recommended
19         by those licensees; a representative of the Illinois
20         Thoroughbred Breeders and Owners Foundation,
21         recommended by that Foundation; a representative of
22         the Illinois Standardbred Owners and Breeders
23         Association, recommended by that Association; a
24         representative of the Horsemen's Benevolent and
25         Protective Association or any successor organization
26         thereto established in Illinois comprised of the

 

 

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

 

 

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

 

 

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1             follows: 50% to purses at the track where the races
2             wagered on are being conducted; 50% to purses at
3             the track where the inter-track wagering licensee
4             is accepting such wagers.
5                 (iii) If the inter-track wagering is being
6             conducted by an inter-track wagering location
7             licensee, except an intertrack wagering location
8             licensee that derives its license from an
9             organization licensee located in a county with a
10             population in excess of 230,000 and bounded by the
11             Mississippi River, the entire purse allocation for
12             Illinois races shall be to purses at the track
13             where the race meeting being wagered on is being
14             held.
15         (12) The Board shall have all powers necessary and
16     proper to fully supervise and control the conduct of
17     inter-track wagering and simulcast wagering by inter-track
18     wagering licensees and inter-track wagering location
19     licensees, including, but not limited to the following:
20             (A) The Board is vested with power to promulgate
21         reasonable rules and regulations for the purpose of
22         administering the conduct of this wagering and to
23         prescribe reasonable rules, regulations and conditions
24         under which such wagering shall be held and conducted.
25         Such rules and regulations are to provide for the
26         prevention of practices detrimental to the public

 

 

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1         interest and for the best interests of said wagering
2         and to impose penalties for violations thereof.
3             (B) The Board, and any person or persons to whom it
4         delegates this power, is vested with the power to enter
5         the facilities of any licensee to determine whether
6         there has been compliance with the provisions of this
7         Act and the rules and regulations relating to the
8         conduct of such wagering.
9             (C) The Board, and any person or persons to whom it
10         delegates this power, may eject or exclude from any
11         licensee's facilities, any person whose conduct or
12         reputation is such that his presence on such premises
13         may, in the opinion of the Board, call into the
14         question the honesty and integrity of, or interfere
15         with the orderly conduct of such wagering; provided,
16         however, that no person shall be excluded or ejected
17         from such premises solely on the grounds of race,
18         color, creed, national origin, ancestry, or sex.
19             (D) (Blank).
20             (E) The Board is vested with the power to appoint
21         delegates to execute any of the powers granted to it
22         under this Section for the purpose of administering
23         this wagering and any rules and regulations
24         promulgated in accordance with this Act.
25             (F) The Board shall name and appoint a State
26         director of this wagering who shall be a representative

 

 

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1         of the Board and whose duty it shall be to supervise
2         the conduct of inter-track wagering as may be provided
3         for by the rules and regulations of the Board; such
4         rules and regulation shall specify the method of
5         appointment and the Director's powers, authority and
6         duties.
7             (G) The Board is vested with the power to impose
8         civil penalties of up to $5,000 against individuals and
9         up to $10,000 against licensees for each violation of
10         any provision of this Act relating to the conduct of
11         this wagering, any rules adopted by the Board, any
12         order of the Board or any other action which in the
13         Board's discretion, is a detriment or impediment to
14         such wagering.
15         (13) The Department of Agriculture may enter into
16     agreements with licensees authorizing such licensees to
17     conduct inter-track wagering on races to be held at the
18     licensed race meetings conducted by the Department of
19     Agriculture. Such agreement shall specify the races of the
20     Department of Agriculture's licensed race meeting upon
21     which the licensees will conduct wagering. In the event
22     that a licensee conducts inter-track pari-mutuel wagering
23     on races from the Illinois State Fair or DuQuoin State Fair
24     which are in addition to the licensee's previously approved
25     racing program, those races shall be considered a separate
26     racing day for the purpose of determining the daily handle

 

 

09500SB2702sam001 - 43 - LRB095 05652 AMC 49567 a

1     and computing the privilege or pari-mutuel tax on that
2     daily handle as provided in Sections 27 and 27.1. Such
3     agreements shall be approved by the Board before such
4     wagering may be conducted. In determining whether to grant
5     approval, the Board shall give due consideration to the
6     best interests of the public and of horse racing. The
7     provisions of paragraphs (1), (8), (8.1), and (8.2) of
8     subsection (h) of this Section which are not specified in
9     this paragraph (13) shall not apply to licensed race
10     meetings conducted by the Department of Agriculture at the
11     Illinois State Fair in Sangamon County or the DuQuoin State
12     Fair in Perry County, or to any wagering conducted on those
13     race meetings.
14     (i) Notwithstanding the other provisions of this Act, the
15 conduct of wagering at wagering facilities is authorized on all
16 days, except as limited by subsection (b) of Section 19 of this
17 Act.
18 (Source: P.A. 91-40, eff. 6-25-99; 92-211, eff. 8-2-01.)
 
19     (230 ILCS 5/27)  (from Ch. 8, par. 37-27)
20     Sec. 27. (a) In addition to the organization license fee
21 provided by this Act, until January 1, 2000, a graduated
22 privilege tax is hereby imposed for conducting the pari-mutuel
23 system of wagering permitted under this Act. Until January 1,
24 2000, except as provided in subsection (g) of Section 27 of
25 this Act, all of the breakage of each racing day held by any

 

 

09500SB2702sam001 - 44 - LRB095 05652 AMC 49567 a

1 licensee in the State shall be paid to the State. Until January
2 1, 2000, such daily graduated privilege tax shall be paid by
3 the licensee from the amount permitted to be retained under
4 this Act. Until January 1, 2000, each day's graduated privilege
5 tax, breakage, and Horse Racing Tax Allocation funds shall be
6 remitted to the Department of Revenue within 48 hours after the
7 close of the racing day upon which it is assessed or within
8 such other time as the Board prescribes. The privilege tax
9 hereby imposed, until January 1, 2000, shall be a flat tax at
10 the rate of 2% of the daily pari-mutuel handle except as
11 provided in Section 27.1.
12     In addition, every organization licensee, except as
13 provided in Section 27.1 of this Act, which conducts multiple
14 wagering shall pay, until January 1, 2000, as a privilege tax
15 on multiple wagers an amount equal to 1.25% of all moneys
16 wagered each day on such multiple wagers, plus an additional
17 amount equal to 3.5% of the amount wagered each day on any
18 other multiple wager which involves a single betting interest
19 on 3 or more horses. The licensee shall remit the amount of
20 such taxes to the Department of Revenue within 48 hours after
21 the close of the racing day on which it is assessed or within
22 such other time as the Board prescribes.
23     This subsection (a) shall be inoperative and of no force
24 and effect on and after January 1, 2000.
25     (a-5) Beginning on January 1, 2000, a flat pari-mutuel tax
26 at the rate of 1.5% of the daily pari-mutuel handle is imposed

 

 

09500SB2702sam001 - 45 - LRB095 05652 AMC 49567 a

1 at all pari-mutuel wagering facilities and on advance deposit
2 wagering from a location other than a wagering facility, except
3 as otherwise provided for in this subsection (a-5). Beginning
4 on the effective date of this amendatory Act of the 94th
5 General Assembly and until moneys deposited pursuant to Section
6 54 are distributed and received, a pari-mutuel tax at the rate
7 of 0.25% of the daily pari-mutuel handle is imposed at a
8 pari-mutuel facility whose license is derived from a track
9 located in a county that borders the Mississippi River and
10 conducted live racing in the previous year. After moneys
11 deposited pursuant to Section 54 are distributed and received,
12 a pari-mutuel tax at the rate of 1.5% of the daily pari-mutuel
13 handle is imposed at a pari-mutuel facility whose license is
14 derived from a track located in a county that borders the
15 Mississippi River and conducted live racing in the previous
16 year. The pari-mutuel tax imposed by this subsection (a-5)
17 shall be remitted to the Department of Revenue within 48 hours
18 after the close of the racing day upon which it is assessed or
19 within such other time as the Board prescribes.
20     (b) On or before December 31, 1999, in the event that any
21 organization licensee conducts 2 separate programs of races on
22 any day, each such program shall be considered a separate
23 racing day for purposes of determining the daily handle and
24 computing the privilege tax on such daily handle as provided in
25 subsection (a) of this Section.
26     (c) Licensees shall at all times keep accurate books and

 

 

09500SB2702sam001 - 46 - LRB095 05652 AMC 49567 a

1 records of all monies wagered on each day of a race meeting and
2 of the taxes paid to the Department of Revenue under the
3 provisions of this Section. The Board or its duly authorized
4 representative or representatives shall at all reasonable
5 times have access to such records for the purpose of examining
6 and checking the same and ascertaining whether the proper
7 amount of taxes is being paid as provided. The Board shall
8 require verified reports and a statement of the total of all
9 monies wagered daily at each wagering facility upon which the
10 taxes are assessed and may prescribe forms upon which such
11 reports and statement shall be made.
12     (d) Any licensee failing or refusing to pay the amount of
13 any tax due under this Section shall be guilty of a business
14 offense and upon conviction shall be fined not more than $5,000
15 in addition to the amount found due as tax under this Section.
16 Each day's violation shall constitute a separate offense. All
17 fines paid into Court by a licensee hereunder shall be
18 transmitted and paid over by the Clerk of the Court to the
19 Board.
20     (e) No other license fee, privilege tax, excise tax, or
21 racing fee, except as provided in this Act, shall be assessed
22 or collected from any such licensee by the State.
23     (f) No other license fee, privilege tax, excise tax or
24 racing fee shall be assessed or collected from any such
25 licensee by units of local government except as provided in
26 paragraph 10.1 of subsection (h) and subsection (f) of Section

 

 

09500SB2702sam001 - 47 - LRB095 05652 AMC 49567 a

1 26 of this Act. However, any municipality that has a Board
2 licensed horse race meeting at a race track wholly within its
3 corporate boundaries or a township that has a Board licensed
4 horse race meeting at a race track wholly within the
5 unincorporated area of the township may charge a local
6 amusement tax not to exceed 10¢ per admission to such horse
7 race meeting by the enactment of an ordinance. However, any
8 municipality or county that has a Board licensed inter-track
9 wagering location facility wholly within its corporate
10 boundaries may each impose an admission fee not to exceed $1.00
11 per admission to such inter-track wagering location facility,
12 so that a total of not more than $2.00 per admission may be
13 imposed. Except as provided in subparagraph (g) of Section 27
14 of this Act, the inter-track wagering location licensee shall
15 collect any and all such fees and within 48 hours remit the
16 fees to the Board, which shall, pursuant to rule, cause the
17 fees to be distributed to the county or municipality.
18     (g) Notwithstanding any provision in this Act to the
19 contrary, if in any calendar year the total taxes and fees
20 required to be collected from licensees and distributed under
21 this Act to all State and local governmental authorities
22 exceeds the amount of such taxes and fees distributed to each
23 State and local governmental authority to which each State and
24 local governmental authority was entitled under this Act for
25 calendar year 1994, then the first $11 million of that excess
26 amount shall be allocated at the earliest possible date for

 

 

09500SB2702sam001 - 48 - LRB095 05652 AMC 49567 a

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

 

 

09500SB2702sam001 - 49 - LRB095 05652 AMC 49567 a

1     allocated to standardbred purses under item (i) is
2     allocated to standardbred organization licensees in the
3     succeeding allocation year.
4     To the extent the excess amount of taxes and fees to be
5 collected and distributed to State and local governmental
6 authorities exceeds $11 million, that excess amount shall be
7 collected and distributed to State and local authorities as
8 provided for under this Act.
9 (Source: P.A. 94-805, eff. 5-26-06.)
 
10     Section 99. Effective date. This Act takes effect upon
11 becoming law.".