96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1595

 

Introduced 2/19/2009, by Sen. Dave Syverson

 

SYNOPSIS AS INTRODUCED:
 
230 ILCS 5/26   from Ch. 8, par. 37-26

    Amends the Illinois Horse Racing Act of 1975. In provisions limiting locations of inter-track wagering location facilities, specifies that the schools that the facilities may not be located near are elementary or secondary public or private schools recognized by the State Board of Education. Effective immediately.


LRB096 11038 AMC 21344 b

 

 

A BILL FOR

 

SB1595 LRB096 11038 AMC 21344 b

1     AN ACT concerning gaming.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Horse Racing Act of 1975 is amended
5 by changing Section 26 as follows:
 
6     (230 ILCS 5/26)  (from Ch. 8, par. 37-26)
7     Sec. 26. Wagering.
8     (a) Any licensee may conduct and supervise the pari-mutuel
9 system of wagering, as defined in Section 3.12 of this Act, on
10 horse races conducted by an Illinois organization licensee or
11 conducted at a racetrack located in another state or country
12 and televised in Illinois in accordance with subsection (g) of
13 Section 26 of this Act. Subject to the prior consent of the
14 Board, licensees may supplement any pari-mutuel pool in order
15 to guarantee a minimum distribution. Such pari-mutuel method of
16 wagering shall not, under any circumstances if conducted under
17 the provisions of this Act, be held or construed to be
18 unlawful, other statutes of this State to the contrary
19 notwithstanding. Subject to rules for advance wagering
20 promulgated by the Board, any licensee may accept wagers in
21 advance of the day of the race wagered upon occurs.
22     (b) No other method of betting, pool making, wagering or
23 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 shall carry the host track simulcast program
4 and accept wagers on all races included as part of the
5 simulcast program upon which wagering is permitted. The costs
6 and expenses of the host track and non-host licensees
7 associated with interstate simulcast wagering, other than the
8 interstate commission fee, shall be borne by the host track and
9 all non-host licensees incurring these costs. The interstate
10 commission fee shall not exceed 5% of Illinois handle on the
11 interstate simulcast race or races without prior approval of
12 the Board. The Board shall promulgate rules under which it may
13 permit interstate commission fees in excess of 5%. The
14 interstate commission fee and other fees charged by the sending
15 racetrack, including, but not limited to, satellite decoder
16 fees, shall be uniformly applied to the host track and all
17 non-host licensees.
18         (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
19     intertrack wagering licensee other than the host track may
20     supplement the host track simulcast program with
21     additional simulcast races or race programs, provided that
22     between January 1 and the third Friday in February of any
23     year, inclusive, if no live thoroughbred racing is
24     occurring in Illinois during this period, only
25     thoroughbred races may be used for supplemental interstate
26     simulcast purposes. The Board shall withhold approval for a

 

 

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1     supplemental interstate simulcast only if it finds that the
2     simulcast is clearly adverse to the integrity of racing. A
3     supplemental interstate simulcast may be transmitted from
4     an intertrack wagering licensee to its affiliated non-host
5     licensees. The interstate commission fee for a
6     supplemental interstate simulcast shall be paid by the
7     non-host licensee and its affiliated non-host licensees
8     receiving the simulcast.
9         (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
10     intertrack wagering licensee other than the host track may
11     receive supplemental interstate simulcasts only with the
12     consent of the host track, except when the Board finds that
13     the simulcast is clearly adverse to the integrity of
14     racing. Consent granted under this paragraph (2) to any
15     intertrack wagering licensee shall be deemed consent to all
16     non-host licensees. The interstate commission fee for the
17     supplemental interstate simulcast shall be paid by all
18     participating non-host licensees.
19         (3) Each licensee conducting interstate simulcast
20     wagering may retain, subject to the payment of all
21     applicable taxes and the purses, an amount not to exceed
22     17% of all money wagered. If any licensee conducts the
23     pari-mutuel system wagering on races conducted at
24     racetracks in another state or country, each such race or
25     race program shall be considered a separate racing day for
26     the purpose of determining the daily handle and computing

 

 

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1     the privilege tax of that daily handle as provided in
2     subsection (a) of Section 27. Until January 1, 2000, from
3     the sums permitted to be retained pursuant to this
4     subsection, each intertrack wagering location licensee
5     shall pay 1% of the pari-mutuel handle wagered on simulcast
6     wagering to the Horse Racing Tax Allocation Fund, subject
7     to the provisions of subparagraph (B) of paragraph (11) of
8     subsection (h) of Section 26 of this Act.
9         (4) A licensee who receives an interstate simulcast may
10     combine its gross or net pools with pools at the sending
11     racetracks pursuant to rules established by the Board. All
12     licensees combining their gross pools at a sending
13     racetrack shall adopt the take-out percentages of the
14     sending racetrack. A licensee may also establish a separate
15     pool and takeout structure for wagering purposes on races
16     conducted at race tracks outside of the State of Illinois.
17     The licensee may permit pari-mutuel wagers placed in other
18     states or countries to be combined with its gross or net
19     wagering pools or other wagering pools.
20         (5) After the payment of the interstate commission fee
21     (except for the interstate commission fee on a supplemental
22     interstate simulcast, which shall be paid by the host track
23     and by each non-host licensee through the host-track) and
24     all applicable State and local taxes, except as provided in
25     subsection (g) of Section 27 of this Act, the remainder of
26     moneys retained from simulcast wagering pursuant to this

 

 

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1     subsection (g), and Section 26.2 shall be divided as
2     follows:
3             (A) For interstate simulcast wagers made at a host
4         track, 50% to the host track and 50% to purses at the
5         host track.
6             (B) For wagers placed on interstate simulcast
7         races, supplemental simulcasts as defined in
8         subparagraphs (1) and (2), and separately pooled races
9         conducted outside of the State of Illinois made at a
10         non-host licensee, 25% to the host track, 25% to the
11         non-host licensee, and 50% to the purses at the host
12         track.
13         (6) Notwithstanding any provision in this Act to the
14     contrary, non-host licensees who derive their licenses
15     from a track located in a county with a population in
16     excess of 230,000 and that borders the Mississippi River
17     may receive supplemental interstate simulcast races at all
18     times subject to Board approval, which shall be withheld
19     only upon a finding that a supplemental interstate
20     simulcast is clearly adverse to the integrity of racing.
21         (7) Notwithstanding any provision of this Act to the
22     contrary, after payment of all applicable State and local
23     taxes and interstate commission fees, non-host licensees
24     who derive their licenses from a track located in a county
25     with a population in excess of 230,000 and that borders the
26     Mississippi River shall retain 50% of the retention from

 

 

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1     interstate simulcast wagers and shall pay 50% to purses at
2     the track from which the non-host licensee derives its
3     license as follows:
4             (A) Between January 1 and the third Friday in
5         February, inclusive, if no live thoroughbred racing is
6         occurring in Illinois during this period, when the
7         interstate simulcast is a standardbred race, the purse
8         share to its standardbred purse account;
9             (B) Between January 1 and the third Friday in
10         February, inclusive, if no live thoroughbred racing is
11         occurring in Illinois during this period, and the
12         interstate simulcast is a thoroughbred race, the purse
13         share to its interstate simulcast purse pool to be
14         distributed under paragraph (10) of this subsection
15         (g);
16             (C) Between January 1 and the third Friday in
17         February, inclusive, if live thoroughbred racing is
18         occurring in Illinois, between 6:30 a.m. and 6:30 p.m.
19         the purse share from wagers made during this time
20         period to its thoroughbred purse account and between
21         6:30 p.m. and 6:30 a.m. the purse share from wagers
22         made during this time period to its standardbred purse
23         accounts;
24             (D) Between the third Saturday in February and
25         December 31, when the interstate simulcast occurs
26         between the hours of 6:30 a.m. and 6:30 p.m., the purse

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1         (12) The Board shall have authority to compel all host
2     tracks to receive the simulcast of any or all races
3     conducted at the Springfield or DuQuoin State fairgrounds
4     and include all such races as part of their simulcast
5     programs.
6         (13) Notwithstanding any other provision of this Act,
7     in the event that the total Illinois pari-mutuel handle on
8     Illinois horse races at all wagering facilities in any
9     calendar year is less than 75% of the total Illinois
10     pari-mutuel handle on Illinois horse races at all such
11     wagering facilities for calendar year 1994, then each
12     wagering facility that has an annual total Illinois
13     pari-mutuel handle on Illinois horse races that is less
14     than 75% of the total Illinois pari-mutuel handle on
15     Illinois horse races at such wagering facility for calendar
16     year 1994, shall be permitted to receive, from any amount
17     otherwise payable to the purse account at the race track
18     with which the wagering facility is affiliated in the
19     succeeding calendar year, an amount equal to 2% of the
20     differential in total Illinois pari-mutuel handle on
21     Illinois horse races at the wagering facility between that
22     calendar year in question and 1994 provided, however, that
23     a wagering facility shall not be entitled to any such
24     payment until the Board certifies in writing to the
25     wagering facility the amount to which the wagering facility
26     is entitled and a schedule for payment of the amount to the

 

 

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1     wagering facility, based on: (i) the racing dates awarded
2     to the race track affiliated with the wagering facility
3     during the succeeding year; (ii) the sums available or
4     anticipated to be available in the purse account of the
5     race track affiliated with the wagering facility for purses
6     during the succeeding year; and (iii) the need to ensure
7     reasonable purse levels during the payment period. The
8     Board's certification shall be provided no later than
9     January 31 of the succeeding year. In the event a wagering
10     facility entitled to a payment under this paragraph (13) is
11     affiliated with a race track that maintains purse accounts
12     for both standardbred and thoroughbred racing, the amount
13     to be paid to the wagering facility shall be divided
14     between each purse account pro rata, based on the amount of
15     Illinois handle on Illinois standardbred and thoroughbred
16     racing respectively at the wagering facility during the
17     previous calendar year. Annually, the General Assembly
18     shall appropriate sufficient funds from the General
19     Revenue Fund to the Department of Agriculture for payment
20     into the thoroughbred and standardbred horse racing purse
21     accounts at Illinois pari-mutuel tracks. The amount paid to
22     each purse account shall be the amount certified by the
23     Illinois Racing Board in January to be transferred from
24     each account to each eligible racing facility in accordance
25     with the provisions of this Section.
26     (h) The Board may approve and license the conduct of

 

 

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1 inter-track wagering and simulcast wagering by inter-track
2 wagering licensees and inter-track wagering location licensees
3 subject to the following terms and conditions:
4         (1) Any person licensed to conduct a race meeting (i)
5     at a track where 60 or more days of racing were conducted
6     during the immediately preceding calendar year or where
7     over the 5 immediately preceding calendar years an average
8     of 30 or more days of racing were conducted annually may be
9     issued an inter-track wagering license; (ii) at a track
10     located in a county that is bounded by the Mississippi
11     River, which has a population of less than 150,000
12     according to the 1990 decennial census, and an average of
13     at least 60 days of racing per year between 1985 and 1993
14     may be issued an inter-track wagering license; or (iii) at
15     a track located in Madison County that conducted at least
16     100 days of live racing during the immediately preceding
17     calendar year may be issued an inter-track wagering
18     license, unless a lesser schedule of live racing is the
19     result of (A) weather, unsafe track conditions, or other
20     acts of God; (B) an agreement between the organization
21     licensee and the associations representing the largest
22     number of owners, trainers, jockeys, or standardbred
23     drivers who race horses at that organization licensee's
24     racing meeting; or (C) a finding by the Board of
25     extraordinary circumstances and that it was in the best
26     interest of the public and the sport to conduct fewer than

 

 

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1     100 days of live racing. Any such person having operating
2     control of the racing facility may also receive up to 6
3     inter-track wagering location licenses. In no event shall
4     more than 6 inter-track wagering locations be established
5     for each eligible race track, except that an eligible race
6     track located in a county that has a population of more
7     than 230,000 and that is bounded by the Mississippi River
8     may establish up to 7 inter-track wagering locations. An
9     application for said license shall be filed with the Board
10     prior to such dates as may be fixed by the Board. With an
11     application for an inter-track wagering location license
12     there shall be delivered to the Board a certified check or
13     bank draft payable to the order of the Board for an amount
14     equal to $500. The application shall be on forms prescribed
15     and furnished by the Board. The application shall comply
16     with all other rules, regulations and conditions imposed by
17     the Board in connection therewith.
18         (2) The Board shall examine the applications with
19     respect to their conformity with this Act and the rules and
20     regulations imposed by the Board. If found to be in
21     compliance with the Act and rules and regulations of the
22     Board, the Board may then issue a license to conduct
23     inter-track wagering and simulcast wagering to such
24     applicant. All such applications shall be acted upon by the
25     Board at a meeting to be held on such date as may be fixed
26     by the Board.

 

 

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

 

 

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1     or location where it is licensed, or as otherwise provided
2     under this Act.
3         (8) Inter-track wagering or simulcast wagering shall
4     not be conducted at any track less than 5 miles from a
5     track at which a racing meeting is in progress.
6         (8.1) Inter-track wagering location licensees who
7     derive their licenses from a particular organization
8     licensee shall conduct inter-track wagering and simulcast
9     wagering only at locations which are either within 90 miles
10     of that race track where the particular organization
11     licensee is licensed to conduct racing, or within 135 miles
12     of that race track where the particular organization
13     licensee is licensed to conduct racing in the case of race
14     tracks in counties of less than 400,000 that were operating
15     on or before June 1, 1986. However, inter-track wagering
16     and simulcast wagering shall not be conducted by those
17     licensees at any location within 5 miles of any race track
18     at which a horse race meeting has been licensed in the
19     current year, unless the person having operating control of
20     such race track has given its written consent to such
21     inter-track wagering location licensees, which consent
22     must be filed with the Board at or prior to the time
23     application is made.
24         (8.2) Inter-track wagering or simulcast wagering shall
25     not be conducted by an inter-track wagering location
26     licensee at any location within 500 feet of an existing

 

 

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1     church or existing elementary or secondary public or
2     private school recognized by the State Board of Education
3     school, nor within 500 feet of the residences of more than
4     50 registered voters without receiving written permission
5     from a majority of the registered voters at such
6     residences. Such written permission statements shall be
7     filed with the Board. The distance of 500 feet shall be
8     measured to the nearest part of any building used for
9     worship services, education programs, residential
10     purposes, or conducting inter-track wagering by an
11     inter-track wagering location licensee, and not to
12     property boundaries. However, inter-track wagering or
13     simulcast wagering may be conducted at a site within 500
14     feet of a church, school or residences of 50 or more
15     registered voters if such church, school or residences have
16     been erected or established, or such voters have been
17     registered, after the Board issues the original
18     inter-track wagering location license at the site in
19     question. Inter-track wagering location licensees may
20     conduct inter-track wagering and simulcast wagering only
21     in areas that are zoned for commercial or manufacturing
22     purposes or in areas for which a special use has been
23     approved by the local zoning authority. However, no license
24     to conduct inter-track wagering and simulcast wagering
25     shall be granted by the Board with respect to any
26     inter-track wagering location within the jurisdiction of

 

 

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1     any local zoning authority which has, by ordinance or by
2     resolution, prohibited the establishment of an inter-track
3     wagering location within its jurisdiction. However,
4     inter-track wagering and simulcast wagering may be
5     conducted at a site if such ordinance or resolution is
6     enacted after the Board licenses the original inter-track
7     wagering location licensee for the site in question.
8         (9) (Blank).
9         (10) An inter-track wagering licensee or an
10     inter-track wagering location licensee may retain, subject
11     to the payment of the privilege taxes and the purses, an
12     amount not to exceed 17% of all money wagered. Each program
13     of racing conducted by each inter-track wagering licensee
14     or inter-track wagering location licensee shall be
15     considered a separate racing day for the purpose of
16     determining the daily handle and computing the privilege
17     tax or pari-mutuel tax on such daily handle as provided in
18     Section 27.
19         (10.1) Except as provided in subsection (g) of Section
20     27 of this Act, inter-track wagering location licensees
21     shall pay 1% of the pari-mutuel handle at each location to
22     the municipality in which such location is situated and 1%
23     of the pari-mutuel handle at each location to the county in
24     which such location is situated. In the event that an
25     inter-track wagering location licensee is situated in an
26     unincorporated area of a county, such licensee shall pay 2%

 

 

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1     of the pari-mutuel handle from such location to such
2     county.
3         (10.2) Notwithstanding any other provision of this
4     Act, with respect to intertrack wagering at a race track
5     located in a county that has a population of more than
6     230,000 and that is bounded by the Mississippi River ("the
7     first race track"), or at a facility operated by an
8     inter-track wagering licensee or inter-track wagering
9     location licensee that derives its license from the
10     organization licensee that operates the first race track,
11     on races conducted at the first race track or on races
12     conducted at another Illinois race track and
13     simultaneously televised to the first race track or to a
14     facility operated by an inter-track wagering licensee or
15     inter-track wagering location licensee that derives its
16     license from the organization licensee that operates the
17     first race track, those moneys shall be allocated as
18     follows:
19             (A) That portion of all moneys wagered on
20         standardbred racing that is required under this Act to
21         be paid to purses shall be paid to purses for
22         standardbred races.
23             (B) That portion of all moneys wagered on
24         thoroughbred racing that is required under this Act to
25         be paid to purses shall be paid to purses for
26         thoroughbred races.

 

 

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

 

 

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1     track located in a county with a population in excess of
2     230,000 and that borders the Mississippi River shall retain
3     all purse moneys for its own purse account consistent with
4     distribution set forth in this subsection (h), and
5     intertrack wagering location licensees that accept wagers
6     on races conducted by an organization licensee located in a
7     county with a population in excess of 230,000 and that
8     borders the Mississippi River shall distribute all purse
9     moneys to purses at the operating host track; (iii) until
10     January 1, 2000, except as provided in subsection (g) of
11     Section 27 of this Act, 1% of the pari-mutuel handle
12     wagered on inter-track wagering and simulcast wagering at
13     each inter-track wagering location licensee facility to
14     the Horse Racing Tax Allocation Fund, provided that, to the
15     extent the total amount collected and distributed to the
16     Horse Racing Tax Allocation Fund under this subsection (h)
17     during any calendar year exceeds the amount collected and
18     distributed to the Horse Racing Tax Allocation Fund during
19     calendar year 1994, that excess amount shall be
20     redistributed (I) to all inter-track wagering location
21     licensees, based on each licensee's pro-rata share of the
22     total handle from inter-track wagering and simulcast
23     wagering for all inter-track wagering location licensees
24     during the calendar year in which this provision is
25     applicable; then (II) the amounts redistributed to each
26     inter-track wagering location licensee as described in

 

 

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1     subpart (I) shall be further redistributed as provided in
2     subparagraph (B) of paragraph (5) of subsection (g) of this
3     Section 26 provided first, that the shares of those
4     amounts, which are to be redistributed to the host track or
5     to purses at the host track under subparagraph (B) of
6     paragraph (5) of subsection (g) of this Section 26 shall be
7     redistributed based on each host track's pro rata share of
8     the total inter-track wagering and simulcast wagering
9     handle at all host tracks during the calendar year in
10     question, and second, that any amounts redistributed as
11     described in part (I) to an inter-track wagering location
12     licensee that accepts wagers on races conducted by an
13     organization licensee that conducts a race meet in a county
14     with a population in excess of 230,000 and that borders the
15     Mississippi River shall be further redistributed as
16     provided in subparagraphs (D) and (E) of paragraph (7) of
17     subsection (g) of this Section 26, with the portion of that
18     further redistribution allocated to purses at that
19     organization licensee to be divided between standardbred
20     purses and thoroughbred purses based on the amounts
21     otherwise allocated to purses at that organization
22     licensee during the calendar year in question; and (iv) 8%
23     of the pari-mutuel handle on inter-track wagering wagered
24     at such location to satisfy all costs and expenses of
25     conducting its wagering. The remainder of the monies
26     retained by the inter-track wagering location licensee

 

 

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1     shall be allocated 40% to the location licensee and 60% to
2     the organization licensee which provides the Illinois
3     races to the location, except that an intertrack wagering
4     location licensee that derives its license from a track
5     located in a county with a population in excess of 230,000
6     and that borders the Mississippi River shall not divide any
7     remaining retention with the organization licensee that
8     provides the race or races and an intertrack wagering
9     location licensee that accepts wagers on races conducted by
10     an organization licensee that conducts a race meet in a
11     county with a population in excess of 230,000 and that
12     borders the Mississippi River shall not divide any
13     remaining retention with the organization licensee.
14     Notwithstanding the provisions of clauses (ii) and (iv) of
15     this paragraph, in the case of the additional inter-track
16     wagering location licenses authorized under paragraph (1)
17     of this subsection (h) by this amendatory Act of 1991,
18     those licensees shall pay the following amounts as purses:
19     during the first 12 months the licensee is in operation,
20     5.25% of the pari-mutuel handle wagered at the location on
21     races; during the second 12 months, 5.25%; during the third
22     12 months, 5.75%; during the fourth 12 months, 6.25%; and
23     during the fifth 12 months and thereafter, 6.75%. The
24     following amounts shall be retained by the licensee to
25     satisfy all costs and expenses of conducting its wagering:
26     during the first 12 months the licensee is in operation,

 

 

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

 

 

SB1595 - 29 - LRB096 11038 AMC 21344 b

1     county seat of a county that (i) is contiguous to the state
2     of Indiana and (ii) has a 1990 population of 88,257
3     according to the United States Bureau of the Census, and
4     operating on May 1, 1994 shall be allocated by
5     appropriation as follows:
6             Two-sevenths to the Department of Agriculture.
7         Fifty percent of this two-sevenths shall be used to
8         promote the Illinois horse racing and breeding
9         industry, and shall be distributed by the Department of
10         Agriculture upon the advice of a 9-member committee
11         appointed by the Governor consisting of the following
12         members: the Director of Agriculture, who shall serve
13         as chairman; 2 representatives of organization
14         licensees conducting thoroughbred race meetings in
15         this State, recommended by those licensees; 2
16         representatives of organization licensees conducting
17         standardbred race meetings in this State, recommended
18         by those licensees; a representative of the Illinois
19         Thoroughbred Breeders and Owners Foundation,
20         recommended by that Foundation; a representative of
21         the Illinois Standardbred Owners and Breeders
22         Association, recommended by that Association; a
23         representative of the Horsemen's Benevolent and
24         Protective Association or any successor organization
25         thereto established in Illinois comprised of the
26         largest number of owners and trainers, recommended by

 

 

SB1595 - 30 - LRB096 11038 AMC 21344 b

1         that Association or that successor organization; and a
2         representative of the Illinois Harness Horsemen's
3         Association, recommended by that Association.
4         Committee members shall serve for terms of 2 years,
5         commencing January 1 of each even-numbered year. If a
6         representative of any of the above-named entities has
7         not been recommended by January 1 of any even-numbered
8         year, the Governor shall appoint a committee member to
9         fill that position. Committee members shall receive no
10         compensation for their services as members but shall be
11         reimbursed for all actual and necessary expenses and
12         disbursements incurred in the performance of their
13         official duties. The remaining 50% of this
14         two-sevenths shall be distributed to county fairs for
15         premiums and rehabilitation as set forth in the
16         Agricultural Fair Act;
17             Four-sevenths to park districts or municipalities
18         that do not have a park district of 500,000 population
19         or less for museum purposes (if an inter-track wagering
20         location licensee is located in such a park district)
21         or to conservation districts for museum purposes (if an
22         inter-track wagering location licensee is located in a
23         municipality that is not included within any park
24         district but is included within a conservation
25         district and is the county seat of a county that (i) is
26         contiguous to the state of Indiana and (ii) has a 1990

 

 

SB1595 - 31 - LRB096 11038 AMC 21344 b

1         population of 88,257 according to the United States
2         Bureau of the Census, except that if the conservation
3         district does not maintain a museum, the monies shall
4         be allocated equally between the county and the
5         municipality in which the inter-track wagering
6         location licensee is located for general purposes) or
7         to a municipal recreation board for park purposes (if
8         an inter-track wagering location licensee is located
9         in a municipality that is not included within any park
10         district and park maintenance is the function of the
11         municipal recreation board and the municipality has a
12         1990 population of 9,302 according to the United States
13         Bureau of the Census); provided that the monies are
14         distributed to each park district or conservation
15         district or municipality that does not have a park
16         district in an amount equal to four-sevenths of the
17         amount collected by each inter-track wagering location
18         licensee within the park district or conservation
19         district or municipality for the Fund. Monies that were
20         paid into the Horse Racing Tax Allocation Fund before
21         the effective date of this amendatory Act of 1991 by an
22         inter-track wagering location licensee located in a
23         municipality that is not included within any park
24         district but is included within a conservation
25         district as provided in this paragraph shall, as soon
26         as practicable after the effective date of this

 

 

SB1595 - 32 - LRB096 11038 AMC 21344 b

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

 

 

SB1595 - 33 - LRB096 11038 AMC 21344 b

1         this State, recommended by those licensees; 2
2         representatives of organization licensees conducting
3         standardbred race meetings in this State, recommended
4         by those licensees; a representative of the Illinois
5         Thoroughbred Breeders and Owners Foundation,
6         recommended by that Foundation; a representative of
7         the Illinois Standardbred Owners and Breeders
8         Association, recommended by that Association; a
9         representative of the Horsemen's Benevolent and
10         Protective Association or any successor organization
11         thereto established in Illinois comprised of the
12         largest number of owners and trainers, recommended by
13         that Association or that successor organization; and a
14         representative of the Illinois Harness Horsemen's
15         Association, recommended by that Association.
16         Committee members shall serve for terms of 2 years,
17         commencing January 1 of each even-numbered year. If a
18         representative of any of the above-named entities has
19         not been recommended by January 1 of any even-numbered
20         year, the Governor shall appoint a committee member to
21         fill that position. Committee members shall receive no
22         compensation for their services as members but shall be
23         reimbursed for all actual and necessary expenses and
24         disbursements incurred in the performance of their
25         official duties. The remaining 50% of this
26         two-sevenths shall be distributed to county fairs for

 

 

SB1595 - 34 - LRB096 11038 AMC 21344 b

1         premiums and rehabilitation as set forth in the
2         Agricultural Fair Act;
3             Four-sevenths to museums and aquariums located in
4         park districts of over 500,000 population; provided
5         that the monies are distributed in accordance with the
6         previous year's distribution of the maintenance tax
7         for such museums and aquariums as provided in Section 2
8         of the Park District Aquarium and Museum Act; and
9             One-seventh to the Agricultural Premium Fund to be
10         used for distribution to agricultural home economics
11         extension councils in accordance with "An Act in
12         relation to additional support and finances for the
13         Agricultural and Home Economic Extension Councils in
14         the several counties of this State and making an
15         appropriation therefor", approved July 24, 1967. This
16         subparagraph (C) shall be inoperative and of no force
17         and effect on and after January 1, 2000.
18             (D) Except as provided in paragraph (11) of this
19         subsection (h), with respect to purse allocation from
20         intertrack wagering, the monies so retained shall be
21         divided as follows:
22                 (i) If the inter-track wagering licensee,
23             except an intertrack wagering licensee that
24             derives its license from an organization licensee
25             located in a county with a population in excess of
26             230,000 and bounded by the Mississippi River, is

 

 

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1             not conducting its own race meeting during the same
2             dates, then the entire purse allocation shall be to
3             purses at the track where the races wagered on are
4             being conducted.
5                 (ii) If the inter-track wagering licensee,
6             except an intertrack wagering licensee that
7             derives its license from an organization licensee
8             located in a county with a population in excess of
9             230,000 and bounded by the Mississippi River, is
10             also conducting its own race meeting during the
11             same dates, then the purse allocation shall be as
12             follows: 50% to purses at the track where the races
13             wagered on are being conducted; 50% to purses at
14             the track where the inter-track wagering licensee
15             is accepting such wagers.
16                 (iii) If the inter-track wagering is being
17             conducted by an inter-track wagering location
18             licensee, except an intertrack wagering location
19             licensee that derives its license from an
20             organization licensee located in a county with a
21             population in excess of 230,000 and bounded by the
22             Mississippi River, the entire purse allocation for
23             Illinois races shall be to purses at the track
24             where the race meeting being wagered on is being
25             held.
26         (12) The Board shall have all powers necessary and

 

 

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1     proper to fully supervise and control the conduct of
2     inter-track wagering and simulcast wagering by inter-track
3     wagering licensees and inter-track wagering location
4     licensees, including, but not limited to the following:
5             (A) The Board is vested with power to promulgate
6         reasonable rules and regulations for the purpose of
7         administering the conduct of this wagering and to
8         prescribe reasonable rules, regulations and conditions
9         under which such wagering shall be held and conducted.
10         Such rules and regulations are to provide for the
11         prevention of practices detrimental to the public
12         interest and for the best interests of said wagering
13         and to impose penalties for violations thereof.
14             (B) The Board, and any person or persons to whom it
15         delegates this power, is vested with the power to enter
16         the facilities of any licensee to determine whether
17         there has been compliance with the provisions of this
18         Act and the rules and regulations relating to the
19         conduct of such wagering.
20             (C) The Board, and any person or persons to whom it
21         delegates this power, may eject or exclude from any
22         licensee's facilities, any person whose conduct or
23         reputation is such that his presence on such premises
24         may, in the opinion of the Board, call into the
25         question the honesty and integrity of, or interfere
26         with the orderly conduct of such wagering; provided,

 

 

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

 

 

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1     agreements with licensees authorizing such licensees to
2     conduct inter-track wagering on races to be held at the
3     licensed race meetings conducted by the Department of
4     Agriculture. Such agreement shall specify the races of the
5     Department of Agriculture's licensed race meeting upon
6     which the licensees will conduct wagering. In the event
7     that a licensee conducts inter-track pari-mutuel wagering
8     on races from the Illinois State Fair or DuQuoin State Fair
9     which are in addition to the licensee's previously approved
10     racing program, those races shall be considered a separate
11     racing day for the purpose of determining the daily handle
12     and computing the privilege or pari-mutuel tax on that
13     daily handle as provided in Sections 27 and 27.1. Such
14     agreements shall be approved by the Board before such
15     wagering may be conducted. In determining whether to grant
16     approval, the Board shall give due consideration to the
17     best interests of the public and of horse racing. The
18     provisions of paragraphs (1), (8), (8.1), and (8.2) of
19     subsection (h) of this Section which are not specified in
20     this paragraph (13) shall not apply to licensed race
21     meetings conducted by the Department of Agriculture at the
22     Illinois State Fair in Sangamon County or the DuQuoin State
23     Fair in Perry County, or to any wagering conducted on those
24     race meetings.
25     (i) Notwithstanding the other provisions of this Act, the
26 conduct of wagering at wagering facilities is authorized on all

 

 

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1 days, except as limited by subsection (b) of Section 19 of this
2 Act.
3 (Source: P.A. 91-40, eff. 6-25-99; 92-211, eff. 8-2-01.)
 
4     Section 99. Effective date. This Act takes effect upon
5 becoming law.