Sen. Terry Link

Filed: 11/27/2012

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2083

2    AMENDMENT NO. ______. Amend House Bill 2083 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Horse Racing Act of 1975 is
5amended by changing Sections 26 and 26.7 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
9system of wagering, as defined in Section 3.12 of this Act, on
10horse races conducted by an Illinois organization licensee or
11conducted at a racetrack located in another state or country
12and televised in Illinois in accordance with subsection (g) of
13Section 26 of this Act. Subject to the prior consent of the
14Board, licensees may supplement any pari-mutuel pool in order
15to guarantee a minimum distribution. Such pari-mutuel method of
16wagering shall not, under any circumstances if conducted under

 

 

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1the provisions of this Act, be held or construed to be
2unlawful, other statutes of this State to the contrary
3notwithstanding. Subject to rules for advance wagering
4promulgated by the Board, any licensee may accept wagers in
5advance of the day of the race wagered upon occurs.
6    (b) No other method of betting, pool making, wagering or
7gambling shall be used or permitted by the licensee. Each
8licensee may retain, subject to the payment of all applicable
9taxes and purses, an amount not to exceed 17% of all money
10wagered under subsection (a) of this Section, except as may
11otherwise be permitted under this Act.
12    (b-5) An individual may place a wager under the pari-mutuel
13system from any licensed location authorized under this Act
14provided that wager is electronically recorded in the manner
15described in Section 3.12 of this Act. Any wager made
16electronically by an individual while physically on the
17premises of a licensee shall be deemed to have been made at the
18premises of that licensee.
19    (c) Until January 1, 2000, the sum held by any licensee for
20payment of outstanding pari-mutuel tickets, if unclaimed prior
21to December 31 of the next year, shall be retained by the
22licensee for payment of such tickets until that date. Within 10
23days thereafter, the balance of such sum remaining unclaimed,
24less any uncashed supplements contributed by such licensee for
25the purpose of guaranteeing minimum distributions of any
26pari-mutuel pool, shall be paid to the Illinois Veterans'

 

 

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1Rehabilitation Fund of the State treasury, except as provided
2in subsection (g) of Section 27 of this Act.
3    (c-5) Beginning January 1, 2000, the sum held by any
4licensee for payment of outstanding pari-mutuel tickets, if
5unclaimed prior to December 31 of the next year, shall be
6retained by the licensee for payment of such tickets until that
7date. Within 10 days thereafter, the balance of such sum
8remaining unclaimed, less any uncashed supplements contributed
9by such licensee for the purpose of guaranteeing minimum
10distributions of any pari-mutuel pool, shall be evenly
11distributed to the purse account of the organization licensee
12and the organization licensee.
13    (d) A pari-mutuel ticket shall be honored until December 31
14of the next calendar year, and the licensee shall pay the same
15and may charge the amount thereof against unpaid money
16similarly accumulated on account of pari-mutuel tickets not
17presented for payment.
18    (e) No licensee shall knowingly permit any minor, other
19than an employee of such licensee or an owner, trainer, jockey,
20driver, or employee thereof, to be admitted during a racing
21program unless accompanied by a parent or guardian, or any
22minor to be a patron of the pari-mutuel system of wagering
23conducted or supervised by it. The admission of any
24unaccompanied minor, other than an employee of the licensee or
25an owner, trainer, jockey, driver, or employee thereof at a
26race track is a Class C misdemeanor.

 

 

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1    (f) Notwithstanding the other provisions of this Act, an
2organization licensee may contract with an entity in another
3state or country to permit any legal wagering entity in another
4state or country to accept wagers solely within such other
5state or country on races conducted by the organization
6licensee in this State. Beginning January 1, 2000, these wagers
7shall not be subject to State taxation. Until January 1, 2000,
8when the out-of-State entity conducts a pari-mutuel pool
9separate from the organization licensee, a privilege tax equal
10to 7 1/2% of all monies received by the organization licensee
11from entities in other states or countries pursuant to such
12contracts is imposed on the organization licensee, and such
13privilege tax shall be remitted to the Department of Revenue
14within 48 hours of receipt of the moneys from the simulcast.
15When the out-of-State entity conducts a combined pari-mutuel
16pool with the organization licensee, the tax shall be 10% of
17all monies received by the organization licensee with 25% of
18the receipts from this 10% tax to be distributed to the county
19in which the race was conducted.
20    An organization licensee may permit one or more of its
21races to be utilized for pari-mutuel wagering at one or more
22locations in other states and may transmit audio and visual
23signals of races the organization licensee conducts to one or
24more locations outside the State or country and may also permit
25pari-mutuel pools in other states or countries to be combined
26with its gross or net wagering pools or with wagering pools

 

 

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1established by other states.
2    (g) A host track may accept interstate simulcast wagers on
3horse races conducted in other states or countries and shall
4control the number of signals and types of breeds of racing in
5its simulcast program, subject to the disapproval of the Board.
6The Board may prohibit a simulcast program only if it finds
7that the simulcast program is clearly adverse to the integrity
8of racing. The host track simulcast program shall include the
9signal of live racing of all organization licensees. All
10non-host licensees and advance deposit wagering licensees
11shall carry the signal of and accept wagers on live racing of
12all organization licensees. Advance deposit wagering licensees
13shall not be permitted to accept out-of-state wagers on any
14Illinois signal provided pursuant to this Section without the
15approval and consent of the organization licensee providing the
16signal. Non-host licensees may carry the host track simulcast
17program and shall accept wagers on all races included as part
18of the simulcast program upon which wagering is permitted. All
19organization licensees shall provide their live signal to all
20advance deposit wagering licensees for a simulcast commission
21fee not to exceed 6% of the advance deposit wagering licensee's
22Illinois handle on the organization licensee's signal without
23prior approval by the Board. The Board may adopt rules under
24which it may permit simulcast commission fees in excess of 6%.
25The Board shall adopt rules limiting the interstate commission
26fees charged to an advance deposit wagering licensee. The Board

 

 

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1shall adopt rules regarding advance deposit wagering on
2interstate simulcast races that shall reflect, among other
3things, the General Assembly's desire to maximize revenues to
4the State, horsemen purses, and organizational licensees.
5However, organization licensees providing live signals
6pursuant to the requirements of this subsection (g) may
7petition the Board to withhold their live signals from an
8advance deposit wagering licensee if the organization licensee
9discovers and the Board finds reputable or credible information
10that the advance deposit wagering licensee is under
11investigation by another state or federal governmental agency,
12the advance deposit wagering licensee's license has been
13suspended in another state, or the advance deposit wagering
14licensee's license is in revocation proceedings in another
15state. The organization licensee's provision of their live
16signal to an advance deposit wagering licensee under this
17subsection (g) pertains to wagers placed from within Illinois.
18Advance deposit wagering licensees may place advance deposit
19wagering terminals at wagering facilities as a convenience to
20customers. The advance deposit wagering licensee shall not
21charge or collect any fee from purses for the placement of the
22advance deposit wagering terminals. The costs and expenses of
23the host track and non-host licensees associated with
24interstate simulcast wagering, other than the interstate
25commission fee, shall be borne by the host track and all
26non-host licensees incurring these costs. The interstate

 

 

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1commission fee shall not exceed 5% of Illinois handle on the
2interstate simulcast race or races without prior approval of
3the Board. The Board shall promulgate rules under which it may
4permit interstate commission fees in excess of 5%. The
5interstate commission fee and other fees charged by the sending
6racetrack, including, but not limited to, satellite decoder
7fees, shall be uniformly applied to the host track and all
8non-host licensees.
9    Notwithstanding any other provision of this Act, until July
10January 1, 2013, an organization licensee may maintain a system
11whereby advance deposit wagering may take place or an
12organization licensee, with the consent of the horsemen
13association representing the largest number of owners,
14trainers, jockeys, or standardbred drivers who race horses at
15that organization licensee's racing meeting, may contract with
16another person to carry out a system of advance deposit
17wagering. Such consent may not be unreasonably withheld. All
18advance deposit wagers placed from within Illinois must be
19placed through a Board-approved advance deposit wagering
20licensee; no other entity may accept an advance deposit wager
21from a person within Illinois. All advance deposit wagering is
22subject to any rules adopted by the Board. The Board may adopt
23rules necessary to regulate advance deposit wagering through
24the use of emergency rulemaking in accordance with Section 5-45
25of the Illinois Administrative Procedure Act. The General
26Assembly finds that the adoption of rules to regulate advance

 

 

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1deposit wagering is deemed an emergency and necessary for the
2public interest, safety, and welfare. An advance deposit
3wagering licensee may retain all moneys as agreed to by
4contract with an organization licensee. Any moneys retained by
5the organization licensee from advance deposit wagering, not
6including moneys retained by the advance deposit wagering
7licensee, shall be paid 50% to the organization licensee's
8purse account and 50% to the organization licensee. If more
9than one breed races at the same race track facility, then the
1050% of the moneys to be paid to an organization licensee's
11purse account shall be allocated among all organization
12licensees' purse accounts operating at that race track facility
13proportionately based on the actual number of host days that
14the Board grants to that breed at that race track facility in
15the current calendar year. To the extent any fees from advance
16deposit wagering conducted in Illinois for wagers in Illinois
17or other states have been placed in escrow or otherwise
18withheld from wagers pending a determination of the legality of
19advance deposit wagering, no action shall be brought to declare
20such wagers or the disbursement of any fees previously escrowed
21illegal.
22        (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
23    intertrack wagering licensee other than the host track may
24    supplement the host track simulcast program with
25    additional simulcast races or race programs, provided that
26    between January 1 and the third Friday in February of any

 

 

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1    year, inclusive, if no live thoroughbred racing is
2    occurring in Illinois during this period, only
3    thoroughbred races may be used for supplemental interstate
4    simulcast purposes. The Board shall withhold approval for a
5    supplemental interstate simulcast only if it finds that the
6    simulcast is clearly adverse to the integrity of racing. A
7    supplemental interstate simulcast may be transmitted from
8    an intertrack wagering licensee to its affiliated non-host
9    licensees. The interstate commission fee for a
10    supplemental interstate simulcast shall be paid by the
11    non-host licensee and its affiliated non-host licensees
12    receiving the simulcast.
13        (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
14    intertrack wagering licensee other than the host track may
15    receive supplemental interstate simulcasts only with the
16    consent of the host track, except when the Board finds that
17    the simulcast is clearly adverse to the integrity of
18    racing. Consent granted under this paragraph (2) to any
19    intertrack wagering licensee shall be deemed consent to all
20    non-host licensees. The interstate commission fee for the
21    supplemental interstate simulcast shall be paid by all
22    participating non-host licensees.
23        (3) Each licensee conducting interstate simulcast
24    wagering may retain, subject to the payment of all
25    applicable taxes and the purses, an amount not to exceed
26    17% of all money wagered. If any licensee conducts the

 

 

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

 

 

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1    and by each non-host licensee through the host-track) and
2    all applicable State and local taxes, except as provided in
3    subsection (g) of Section 27 of this Act, the remainder of
4    moneys retained from simulcast wagering pursuant to this
5    subsection (g), and Section 26.2 shall be divided as
6    follows:
7            (A) For interstate simulcast wagers made at a host
8        track, 50% to the host track and 50% to purses at the
9        host track.
10            (B) For wagers placed on interstate simulcast
11        races, supplemental simulcasts as defined in
12        subparagraphs (1) and (2), and separately pooled races
13        conducted outside of the State of Illinois made at a
14        non-host licensee, 25% to the host track, 25% to the
15        non-host licensee, and 50% to the purses at the host
16        track.
17        (6) Notwithstanding any provision in this Act to the
18    contrary, non-host licensees who derive their licenses
19    from a track located in a county with a population in
20    excess of 230,000 and that borders the Mississippi River
21    may receive supplemental interstate simulcast races at all
22    times subject to Board approval, which shall be withheld
23    only upon a finding that a supplemental interstate
24    simulcast is clearly adverse to the integrity of racing.
25        (7) Notwithstanding any provision of this Act to the
26    contrary, after payment of all applicable State and local

 

 

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1    taxes and interstate commission fees, non-host licensees
2    who derive their licenses from a track located in a county
3    with a population in excess of 230,000 and that borders the
4    Mississippi River shall retain 50% of the retention from
5    interstate simulcast wagers and shall pay 50% to purses at
6    the track from which the non-host licensee derives its
7    license as follows:
8            (A) Between January 1 and the third Friday in
9        February, inclusive, if no live thoroughbred racing is
10        occurring in Illinois during this period, when the
11        interstate simulcast is a standardbred race, the purse
12        share to its standardbred purse account;
13            (B) Between January 1 and the third Friday in
14        February, inclusive, if no live thoroughbred racing is
15        occurring in Illinois during this period, and the
16        interstate simulcast is a thoroughbred race, the purse
17        share to its interstate simulcast purse pool to be
18        distributed under paragraph (10) of this subsection
19        (g);
20            (C) Between January 1 and the third Friday in
21        February, inclusive, if live thoroughbred racing is
22        occurring in Illinois, between 6:30 a.m. and 6:30 p.m.
23        the purse share from wagers made during this time
24        period to its thoroughbred purse account and between
25        6:30 p.m. and 6:30 a.m. the purse share from wagers
26        made during this time period to its standardbred purse

 

 

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1        accounts;
2            (D) Between the third Saturday in February and
3        December 31, when the interstate simulcast occurs
4        between the hours of 6:30 a.m. and 6:30 p.m., the purse
5        share to its thoroughbred purse account;
6            (E) Between the third Saturday in February and
7        December 31, when the interstate simulcast occurs
8        between the hours of 6:30 p.m. and 6:30 a.m., the purse
9        share to its standardbred purse account.
10        (7.1) Notwithstanding any other provision of this Act
11    to the contrary, if no standardbred racing is conducted at
12    a racetrack located in Madison County during any calendar
13    year beginning on or after January 1, 2002, all moneys
14    derived by that racetrack from simulcast wagering and
15    inter-track wagering that (1) are to be used for purses and
16    (2) are generated between the hours of 6:30 p.m. and 6:30
17    a.m. during that calendar year shall be paid as follows:
18            (A) If the licensee that conducts horse racing at
19        that racetrack requests from the Board at least as many
20        racing dates as were conducted in calendar year 2000,
21        80% shall be paid to its thoroughbred purse account;
22        and
23            (B) Twenty percent shall be deposited into the
24        Illinois Colt Stakes Purse Distribution Fund and shall
25        be paid to purses for standardbred races for Illinois
26        conceived and foaled horses conducted at any county

 

 

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

 

 

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

 

 

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

 

 

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1    inter-track wagering during calendar years 2000 and 2001
2    that (1) are to be used for purses and (2) are generated
3    between the hours of 6:30 p.m. and 6:30 a.m. during 2000 or
4    2001 to the standardbred purse account at that racetrack to
5    be used for standardbred purses.
6        (8) Notwithstanding any provision in this Act to the
7    contrary, an organization licensee from a track located in
8    a county with a population in excess of 230,000 and that
9    borders the Mississippi River and its affiliated non-host
10    licensees shall not be entitled to share in any retention
11    generated on racing, inter-track wagering, or simulcast
12    wagering at any other Illinois wagering facility.
13        (8.1) Notwithstanding any provisions in this Act to the
14    contrary, if 2 organization licensees are conducting
15    standardbred race meetings concurrently between the hours
16    of 6:30 p.m. and 6:30 a.m., after payment of all applicable
17    State and local taxes and interstate commission fees, the
18    remainder of the amount retained from simulcast wagering
19    otherwise attributable to the host track and to host track
20    purses shall be split daily between the 2 organization
21    licensees and the purses at the tracks of the 2
22    organization licensees, respectively, based on each
23    organization licensee's share of the total live handle for
24    that day, provided that this provision shall not apply to
25    any non-host licensee that derives its license from a track
26    located in a county with a population in excess of 230,000

 

 

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1    and that borders the Mississippi River.
2        (9) (Blank).
3        (10) (Blank).
4        (11) (Blank).
5        (12) The Board shall have authority to compel all host
6    tracks to receive the simulcast of any or all races
7    conducted at the Springfield or DuQuoin State fairgrounds
8    and include all such races as part of their simulcast
9    programs.
10        (13) Notwithstanding any other provision of this Act,
11    in the event that the total Illinois pari-mutuel handle on
12    Illinois horse races at all wagering facilities in any
13    calendar year is less than 75% of the total Illinois
14    pari-mutuel handle on Illinois horse races at all such
15    wagering facilities for calendar year 1994, then each
16    wagering facility that has an annual total Illinois
17    pari-mutuel handle on Illinois horse races that is less
18    than 75% of the total Illinois pari-mutuel handle on
19    Illinois horse races at such wagering facility for calendar
20    year 1994, shall be permitted to receive, from any amount
21    otherwise payable to the purse account at the race track
22    with which the wagering facility is affiliated in the
23    succeeding calendar year, an amount equal to 2% of the
24    differential in total Illinois pari-mutuel handle on
25    Illinois horse races at the wagering facility between that
26    calendar year in question and 1994 provided, however, that

 

 

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1    a wagering facility shall not be entitled to any such
2    payment until the Board certifies in writing to the
3    wagering facility the amount to which the wagering facility
4    is entitled and a schedule for payment of the amount to the
5    wagering facility, based on: (i) the racing dates awarded
6    to the race track affiliated with the wagering facility
7    during the succeeding year; (ii) the sums available or
8    anticipated to be available in the purse account of the
9    race track affiliated with the wagering facility for purses
10    during the succeeding year; and (iii) the need to ensure
11    reasonable purse levels during the payment period. The
12    Board's certification shall be provided no later than
13    January 31 of the succeeding year. In the event a wagering
14    facility entitled to a payment under this paragraph (13) is
15    affiliated with a race track that maintains purse accounts
16    for both standardbred and thoroughbred racing, the amount
17    to be paid to the wagering facility shall be divided
18    between each purse account pro rata, based on the amount of
19    Illinois handle on Illinois standardbred and thoroughbred
20    racing respectively at the wagering facility during the
21    previous calendar year. Annually, the General Assembly
22    shall appropriate sufficient funds from the General
23    Revenue Fund to the Department of Agriculture for payment
24    into the thoroughbred and standardbred horse racing purse
25    accounts at Illinois pari-mutuel tracks. The amount paid to
26    each purse account shall be the amount certified by the

 

 

09700HB2083sam003- 20 -LRB097 10539 AMC 72333 a

1    Illinois Racing Board in January to be transferred from
2    each account to each eligible racing facility in accordance
3    with the provisions of this Section.
4    (h) The Board may approve and license the conduct of
5inter-track wagering and simulcast wagering by inter-track
6wagering licensees and inter-track wagering location licensees
7subject to the following terms and conditions:
8        (1) Any person licensed to conduct a race meeting (i)
9    at a track where 60 or more days of racing were conducted
10    during the immediately preceding calendar year or where
11    over the 5 immediately preceding calendar years an average
12    of 30 or more days of racing were conducted annually may be
13    issued an inter-track wagering license; (ii) at a track
14    located in a county that is bounded by the Mississippi
15    River, which has a population of less than 150,000
16    according to the 1990 decennial census, and an average of
17    at least 60 days of racing per year between 1985 and 1993
18    may be issued an inter-track wagering license; or (iii) at
19    a track located in Madison County that conducted at least
20    100 days of live racing during the immediately preceding
21    calendar year may be issued an inter-track wagering
22    license, unless a lesser schedule of live racing is the
23    result of (A) weather, unsafe track conditions, or other
24    acts of God; (B) an agreement between the organization
25    licensee and the associations representing the largest
26    number of owners, trainers, jockeys, or standardbred

 

 

09700HB2083sam003- 21 -LRB097 10539 AMC 72333 a

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

 

 

09700HB2083sam003- 22 -LRB097 10539 AMC 72333 a

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

 

 

09700HB2083sam003- 23 -LRB097 10539 AMC 72333 a

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

 

 

09700HB2083sam003- 24 -LRB097 10539 AMC 72333 a

1    application is made.
2        (8.2) Inter-track wagering or simulcast wagering shall
3    not be conducted by an inter-track wagering location
4    licensee at any location within 500 feet of an existing
5    church or existing school, nor within 500 feet of the
6    residences of more than 50 registered voters without
7    receiving written permission from a majority of the
8    registered voters at such residences. Such written
9    permission statements shall be filed with the Board. The
10    distance of 500 feet shall be measured to the nearest part
11    of any building used for worship services, education
12    programs, residential purposes, or conducting inter-track
13    wagering by an inter-track wagering location licensee, and
14    not to property boundaries. However, inter-track wagering
15    or simulcast wagering may be conducted at a site within 500
16    feet of a church, school or residences of 50 or more
17    registered voters if such church, school or residences have
18    been erected or established, or such voters have been
19    registered, after the Board issues the original
20    inter-track wagering location license at the site in
21    question. Inter-track wagering location licensees may
22    conduct inter-track wagering and simulcast wagering only
23    in areas that are zoned for commercial or manufacturing
24    purposes or in areas for which a special use has been
25    approved by the local zoning authority. However, no license
26    to conduct inter-track wagering and simulcast wagering

 

 

09700HB2083sam003- 25 -LRB097 10539 AMC 72333 a

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

 

 

09700HB2083sam003- 26 -LRB097 10539 AMC 72333 a

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

 

 

09700HB2083sam003- 27 -LRB097 10539 AMC 72333 a

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

 

 

09700HB2083sam003- 28 -LRB097 10539 AMC 72333 a

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

 

 

09700HB2083sam003- 29 -LRB097 10539 AMC 72333 a

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

 

 

09700HB2083sam003- 30 -LRB097 10539 AMC 72333 a

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

 

 

09700HB2083sam003- 31 -LRB097 10539 AMC 72333 a

1    satisfy all costs and expenses of conducting its wagering:
2    during the first 12 months the licensee is in operation,
3    8.25% of the pari-mutuel handle wagered at the location;
4    during the second 12 months, 8.25%; during the third 12
5    months, 7.75%; during the fourth 12 months, 7.25%; and
6    during the fifth 12 months and thereafter, 6.75%. For
7    additional intertrack wagering location licensees
8    authorized under this amendatory Act of 1995, purses for
9    the first 12 months the licensee is in operation shall be
10    5.75% of the pari-mutuel wagered at the location, purses
11    for the second 12 months the licensee is in operation shall
12    be 6.25%, and purses thereafter shall be 6.75%. For
13    additional intertrack location licensees authorized under
14    this amendatory Act of 1995, the licensee shall be allowed
15    to retain to satisfy all costs and expenses: 7.75% of the
16    pari-mutuel handle wagered at the location during its first
17    12 months of operation, 7.25% during its second 12 months
18    of operation, and 6.75% thereafter.
19        (C) There is hereby created the Horse Racing Tax
20    Allocation Fund which shall remain in existence until
21    December 31, 1999. Moneys remaining in the Fund after
22    December 31, 1999 shall be paid into the General Revenue
23    Fund. Until January 1, 2000, all monies paid into the Horse
24    Racing Tax Allocation Fund pursuant to this paragraph (11)
25    by inter-track wagering location licensees located in park
26    districts of 500,000 population or less, or in a

 

 

09700HB2083sam003- 32 -LRB097 10539 AMC 72333 a

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

 

 

09700HB2083sam003- 33 -LRB097 10539 AMC 72333 a

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

 

 

09700HB2083sam003- 34 -LRB097 10539 AMC 72333 a

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

 

 

09700HB2083sam003- 35 -LRB097 10539 AMC 72333 a

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

 

 

09700HB2083sam003- 36 -LRB097 10539 AMC 72333 a

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

 

 

09700HB2083sam003- 37 -LRB097 10539 AMC 72333 a

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

 

 

09700HB2083sam003- 38 -LRB097 10539 AMC 72333 a

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

 

 

09700HB2083sam003- 39 -LRB097 10539 AMC 72333 a

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

 

 

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

 

 

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

 

 

09700HB2083sam003- 42 -LRB097 10539 AMC 72333 a

1    (i) Notwithstanding the other provisions of this Act, the
2conduct of wagering at wagering facilities is authorized on all
3days, except as limited by subsection (b) of Section 19 of this
4Act.
5(Source: P.A. 96-762, eff. 8-25-09; 97-1060, eff. 8-24-12.)
 
6    (230 ILCS 5/26.7)
7    Sec. 26.7. Advanced deposit wagering surcharge. Beginning
8on August 26, 2012, each advance deposit wagering licensee
9shall impose a surcharge of up to 0.18% on winning wagers and
10winnings from wagers placed through advance deposit wagering.
11The surcharge shall be deducted from winnings prior to payout.
12Amounts derived from a surcharge imposed under this Section
13shall be paid to the standardbred purse accounts of
14organization licensees conducting standardbred racing.
15(Source: P.A. 97-1060, eff. 8-24-12.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.".