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| [ Introduced ] | [ House Amendment 001 ] |
91_HB3490eng HB3490 Engrossed LRB9109086LDtm 1 AN ACT in relation to gambling, amending named Acts. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Lottery Law is amended by 5 changing Section 15 as follows: 6 (20 ILCS 1605/15) (from Ch. 120, par. 1165) 7 Sec. 15. No personminorunder 2118years of age (under 8 18 years of age in the case of a person who is on active duty 9 in the United States armed services) shall buy a lottery 10 ticket or share. No person shall sell, distribute samples 11 of, or furnish a lottery ticket or share to any personminor12 under 2118years of age (under 18 years of age in the case 13 of a person who is on active duty in the United States armed 14 services), buy a lottery ticket or share for any personminor15 under 2118years of age (under 18 years of age in the case 16 of a person who is on active duty in the United States armed 17 services), or aid and abet in the purchase of lottery tickets 18 or shares by a personminorunder 2118years of age (under 19 18 years of age in the case of a person who is on active duty 20 in the United States armed services). 21 No ticket or share shall be purchased by, and no prize 22 shall be paid to any of the following persons: any member of 23 the Board or any officer or other person employed by the 24 Board or by the Department; any spouse, child, brother, 25 sister or parent residing as a member of the same household 26 in the principal place of abode of any such persons; or any 27 personminorunder 2118years of age (under 18 years of age 28 in the case of a person who is on active duty in the United 29 States armed services). 30 Any violation of this Section by a person other than a 31 purchaser who is not at least 21 years of age (under 18 years HB3490 Engrossed -2- LRB9109086LDtm 1 of age in the case of a person who is on active duty in the 2 United States armed services)the purchasing minorshall be a 3 Class B misdemeanor; provided, that if any violation of this 4 Section is a subsequent violation, the offender shall be 5 guilty of a Class 4 felony. Notwithstanding any provision to 6 the contrary, a violation of this Section by a personminor7 under 2118years of age (under 18 years of age in the case 8 of a person who is on active duty in the United States armed 9 services) shall be a petty offense. 10 (Source: P.A. 90-346, eff. 8-8-97.) 11 Section 10. The Illinois Horse Racing Act is amended by 12 changing Section 26 as follows: 13 (230 ILCS 5/26) (from Ch. 8, par. 37-26) 14 Sec. 26. Wagering. 15 (a) Any licensee may conduct and supervise the 16 pari-mutuel system of wagering, as defined in Section 3.12 of 17 this Act, on horse races conducted by an Illinois 18 organization licensee or conducted at a racetrack located in 19 another state or country and televised in Illinois in 20 accordance with subsection (g) of Section 26 of this Act. 21 Subject to the prior consent of the Board, licensees may 22 supplement any pari-mutuel pool in order to guarantee a 23 minimum distribution. Such pari-mutuel method of wagering 24 shall not, under any circumstances if conducted under the 25 provisions of this Act, be held or construed to be unlawful, 26 other statutes of this State to the contrary notwithstanding. 27 Subject to rules for advance wagering promulgated by the 28 Board, any licensee may accept wagers in advance of the day 29 of the race wagered upon occurs. 30 (b) No other method of betting, pool making, wagering or 31 gambling shall be used or permitted by the licensee. Each 32 licensee may retain, subject to the payment of all applicable HB3490 Engrossed -3- LRB9109086LDtm 1 taxes and purses, an amount not to exceed 17% of all money 2 wagered under subsection (a) of this Section, except as may 3 otherwise be permitted under this Act. 4 (b-5) An individual may place a wager under the 5 pari-mutuel system from any licensed location authorized 6 under this Act provided that wager is electronically recorded 7 in the manner described in Section 3.12 of this Act. Any 8 wager made electronically by an individual while physically 9 on the premises of a licensee shall be deemed to have been 10 made at the premises of that licensee. 11 (c) Until January 1, 2000, the sum held by any licensee 12 for payment of outstanding pari-mutuel tickets, if unclaimed 13 prior to December 31 of the next year, shall be retained by 14 the licensee for payment of such tickets until that date. 15 Within 10 days thereafter, the balance of such sum remaining 16 unclaimed, less any uncashed supplements contributed by such 17 licensee for the purpose of guaranteeing minimum 18 distributions of any pari-mutuel pool, shall be paid to the 19 Illinois Veterans' Rehabilitation Fund of the State treasury, 20 except as provided in subsection (g) of Section 27 of this 21 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 26 that date. Within 10 days thereafter, the balance of such 27 sum remaining unclaimed, less any uncashed supplements 28 contributed by such licensee for the purpose of guaranteeing 29 minimum distributions of any pari-mutuel pool, shall be 30 evenly distributed to the purse account of the organization 31 licensee and the organization licensee. 32 (d) A pari-mutuel ticket shall be honored until December 33 31 of the next calendar year, and the licensee shall pay the 34 same and may charge the amount thereof against unpaid money HB3490 Engrossed -4- LRB9109086LDtm 1 similarly accumulated on account of pari-mutuel tickets not 2 presented for payment. 3 (e) No licensee shall knowingly permit any minor, other 4 than an employee of such licensee or an owner, trainer, 5 jockey, driver, or employee thereof, to be admitted during a 6 racing program unless accompanied by a parent or guardian, or 7 any person who is not at least 21 years of age (under 18 8 years of age in the case of a person who is on active duty in 9 the United States armed services) to be a patron of the 10 pari-mutuel system of wagering conducted or supervised by it. 11 The admission of any unaccompanied minor, other than an 12 employee of the licensee or an owner, trainer, jockey, 13 driver, or employee thereof at a race track is a Class C 14 misdemeanor. 15 (f) Notwithstanding the other provisions of this Act, an 16 organization licensee may contract with an entity in another 17 state or country to permit any legal wagering entity in 18 another state or country to accept wagers solely within such 19 other state or country on races conducted by the organization 20 licensee in this State. Beginning January 1, 2000, these 21 wagers shall not be subject to State taxation. Until January 22 1, 2000, when the out-of-State entity conducts a pari-mutuel 23 pool separate from the organization licensee, a privilege tax 24 equal to 7 1/2% of all monies received by the organization 25 licensee from entities in other states or countries pursuant 26 to such contracts is imposed on the organization licensee, 27 and such privilege tax shall be remitted to the Department of 28 Revenue within 48 hours of receipt of the moneys from the 29 simulcast. When the out-of-State entity conducts a combined 30 pari-mutuel pool with the organization licensee, the tax 31 shall be 10% of all monies received by the organization 32 licensee with 25% of the receipts from this 10% tax to be 33 distributed to the county in which the race was conducted. 34 An organization licensee may permit one or more of its HB3490 Engrossed -5- LRB9109086LDtm 1 races to be utilized for pari-mutuel wagering at one or more 2 locations in other states and may transmit audio and visual 3 signals of races the organization licensee conducts to one or 4 more locations outside the State or country and may also 5 permit pari-mutuel pools in other states or countries to be 6 combined with its gross or net wagering pools or with 7 wagering pools established by other states. 8 (g) A host track may accept interstate simulcast wagers 9 on horse races conducted in other states or countries and 10 shall control the number of signals and types of breeds of 11 racing in its simulcast program, subject to the disapproval 12 of the Board. The Board may prohibit a simulcast program 13 only if it finds that the simulcast program is clearly 14 adverse to the integrity of racing. The host track simulcast 15 program shall include the signal of live racing of all 16 organization licensees. All non-host licensees shall carry 17 the host track simulcast program and accept wagers on all 18 races included as part of the simulcast program upon which 19 wagering is permitted. The costs and expenses of the host 20 track and non-host licensees associated with interstate 21 simulcast wagering, other than the interstate commission fee, 22 shall be borne by the host track and all non-host licensees 23 incurring these costs. The interstate commission fee shall 24 not exceed 5% of Illinois handle on the interstate simulcast 25 race or races without prior approval of the Board. The Board 26 shall promulgate rules under which it may permit interstate 27 commission fees in excess of 5%. The interstate commission 28 fee and other fees charged by the sending racetrack, 29 including, but not limited to, satellite decoder fees, shall 30 be uniformly applied to the host track and all non-host 31 licensees. 32 (1) Between the hours of 6:30 a.m. and 6:30 p.m. an 33 intertrack wagering licensee other than the host track 34 may supplement the host track simulcast program with HB3490 Engrossed -6- LRB9109086LDtm 1 additional simulcast races or race programs, provided 2 that between January 1 and the third Friday in February 3 of any year, inclusive, if no live thoroughbred racing is 4 occurring in Illinois during this period, only 5 thoroughbred races may be used for supplemental 6 interstate simulcast purposes. The Board shall withhold 7 approval for a supplemental interstate simulcast only if 8 it finds that the simulcast is clearly adverse to the 9 integrity of racing. A supplemental interstate simulcast 10 may be transmitted from an intertrack wagering licensee 11 to its affiliated non-host licensees. The interstate 12 commission fee for a supplemental interstate simulcast 13 shall be paid by the non-host licensee and its affiliated 14 non-host licensees receiving the simulcast. 15 (2) Between the hours of 6:30 p.m. and 6:30 a.m. an 16 intertrack wagering licensee other than the host track 17 may receive supplemental interstate simulcasts only with 18 the consent of the host track, except when the Board 19 finds that the simulcast is clearly adverse to the 20 integrity of racing. Consent granted under this 21 paragraph (2) to any intertrack wagering licensee shall 22 be deemed consent to all non-host licensees. The 23 interstate commission fee for the supplemental interstate 24 simulcast shall be paid by all participating non-host 25 licensees. 26 (3) Each licensee conducting interstate simulcast 27 wagering may retain, subject to the payment of all 28 applicable taxes and the purses, an amount not to exceed 29 17% of all money wagered. If any licensee conducts the 30 pari-mutuel system wagering on races conducted at 31 racetracks in another state or country, each such race or 32 race program shall be considered a separate racing day 33 for the purpose of determining the daily handle and 34 computing the privilege tax of that daily handle as HB3490 Engrossed -7- LRB9109086LDtm 1 provided in subsection (a) of Section 27. Until January 2 1, 2000, from the sums permitted to be retained pursuant 3 to this subsection, each intertrack wagering location 4 licensee shall pay 1% of the pari-mutuel handle wagered 5 on simulcast wagering to the Horse Racing Tax Allocation 6 Fund, subject to the provisions of subparagraph (B) of 7 paragraph (11) of subsection (h) of Section 26 of this 8 Act. 9 (4) A licensee who receives an interstate simulcast 10 may combine its gross or net pools with pools at the 11 sending racetracks pursuant to rules established by the 12 Board. All licensees combining their gross pools at a 13 sending racetrack shall adopt the take-out percentages of 14 the sending racetrack. A licensee may also establish a 15 separate pool and takeout structure for wagering purposes 16 on races conducted at race tracks outside of the State of 17 Illinois. The licensee may permit pari-mutuel wagers 18 placed in other states or countries to be combined with 19 its gross or net wagering pools or other wagering pools. 20 (5) After the payment of the interstate commission 21 fee (except for the interstate commission fee on a 22 supplemental interstate simulcast, which shall be paid by 23 the host track and by each non-host licensee through the 24 host-track) and all applicable State and local taxes, 25 except as provided in subsection (g) of Section 27 of 26 this Act, the remainder of moneys retained from simulcast 27 wagering pursuant to this subsection (g), and Section 28 26.2 shall be divided as follows: 29 (A) For interstate simulcast wagers made at a 30 host track, 50% to the host track and 50% to purses 31 at the host track. 32 (B) For wagers placed on interstate simulcast 33 races, supplemental simulcasts as defined in 34 subparagraphs (1) and (2), and separately pooled HB3490 Engrossed -8- LRB9109086LDtm 1 races conducted outside of the State of Illinois 2 made at a non-host licensee, 25% to the host track, 3 25% to the non-host licensee, and 50% to the purses 4 at the host track. 5 (6) Notwithstanding any provision in this Act to 6 the contrary, non-host licensees who derive their 7 licenses from a track located in a county with a 8 population in excess of 230,000 and that borders the 9 Mississippi River may receive supplemental interstate 10 simulcast races at all times subject to Board approval, 11 which shall be withheld only upon a finding that a 12 supplemental interstate simulcast is clearly adverse to 13 the integrity of racing. 14 (7) Notwithstanding any provision of this Act to 15 the contrary, after payment of all applicable State and 16 local taxes and interstate commission fees, non-host 17 licensees who derive their licenses from a track located 18 in a county with a population in excess of 230,000 and 19 that borders the Mississippi River shall retain 50% of 20 the retention from interstate simulcast wagers and shall 21 pay 50% to purses at the track from which the non-host 22 licensee derives its license as follows: 23 (A) Between January 1 and the third Friday in 24 February, inclusive, if no live thoroughbred racing 25 is occurring in Illinois during this period, when 26 the interstate simulcast is a standardbred race, the 27 purse share to its standardbred purse account; 28 (B) Between January 1 and the third Friday in 29 February, inclusive, if no live thoroughbred racing 30 is occurring in Illinois during this period, and the 31 interstate simulcast is a thoroughbred race, the 32 purse share to its interstate simulcast purse pool 33 to be distributed under paragraph (10) of this 34 subsection (g); HB3490 Engrossed -9- LRB9109086LDtm 1 (C) Between January 1 and the third Friday in 2 February, inclusive, if live thoroughbred racing is 3 occurring in Illinois, between 6:30 a.m. and 6:30 4 p.m. the purse share from wagers made during this 5 time period to its thoroughbred purse account and 6 between 6:30 p.m. and 6:30 a.m. the purse share from 7 wagers made during this time period to its 8 standardbred purse accounts; 9 (D) Between the third Saturday in February and 10 December 31, when the interstate simulcast occurs 11 between the hours of 6:30 a.m. and 6:30 p.m., the 12 purse share to its thoroughbred purse account; 13 (E) Between the third Saturday in February and 14 December 31, when the interstate simulcast occurs 15 between the hours of 6:30 p.m. and 6:30 a.m., the 16 purse share to its standardbred purse account. 17 (8) Notwithstanding any provision in this Act to 18 the contrary, an organization licensee from a track 19 located in a county with a population in excess of 20 230,000 and that borders the Mississippi River and its 21 affiliated non-host licensees shall not be entitled to 22 share in any retention generated on racing, inter-track 23 wagering, or simulcast wagering at any other Illinois 24 wagering facility. 25 (8.1) Notwithstanding any provisions in this Act to 26 the contrary, if 2 organization licensees are conducting 27 standardbred race meetings concurrently between the hours 28 of 6:30 p.m. and 6:30 a.m., after payment of all 29 applicable State and local taxes and interstate 30 commission fees, the remainder of the amount retained 31 from simulcast wagering otherwise attributable to the 32 host track and to host track purses shall be split daily 33 between the 2 organization licensees and the purses at 34 the tracks of the 2 organization licensees, respectively, HB3490 Engrossed -10- LRB9109086LDtm 1 based on each organization licensee's share of the total 2 live handle for that day, provided that this provision 3 shall not apply to any non-host licensee that derives its 4 license from a track located in a county with a 5 population in excess of 230,000 and that borders the 6 Mississippi River. 7 (9) (Blank). 8 (10) (Blank). 9 (11) (Blank). 10 (12) The Board shall have authority to compel all 11 host tracks to receive the simulcast of any or all races 12 conducted at the Springfield or DuQuoin State fairgrounds 13 and include all such races as part of their simulcast 14 programs. 15 (13) Notwithstanding any other provision of this 16 Act, in the event that the total Illinois pari-mutuel 17 handle on Illinois horse races at all wagering facilities 18 in any calendar year is less than 75% of the total 19 Illinois pari-mutuel handle on Illinois horse races at 20 all such wagering facilities for calendar year 1994, then 21 each wagering facility that has an annual total Illinois 22 pari-mutuel handle on Illinois horse races that is less 23 than 75% of the total Illinois pari-mutuel handle on 24 Illinois horse races at such wagering facility for 25 calendar year 1994, shall be permitted to receive, from 26 any amount otherwise payable to the purse account at the 27 race track with which the wagering facility is affiliated 28 in the succeeding calendar year, an amount equal to 2% of 29 the differential in total Illinois pari-mutuel handle on 30 Illinois horse races at the wagering facility between 31 that calendar year in question and 1994 provided, 32 however, that a wagering facility shall not be entitled 33 to any such payment until the Board certifies in writing 34 to the wagering facility the amount to which the wagering HB3490 Engrossed -11- LRB9109086LDtm 1 facility is entitled and a schedule for payment of the 2 amount to the wagering facility, based on: (i) the racing 3 dates awarded to the race track affiliated with the 4 wagering facility during the succeeding year; (ii) the 5 sums available or anticipated to be available in the 6 purse account of the race track affiliated with the 7 wagering facility for purses during the succeeding year; 8 and (iii) the need to ensure reasonable purse levels 9 during the payment period. The Board's certification 10 shall be provided no later than January 31 of the 11 succeeding year. In the event a wagering facility 12 entitled to a payment under this paragraph (13) is 13 affiliated with a race track that maintains purse 14 accounts for both standardbred and thoroughbred racing, 15 the amount to be paid to the wagering facility shall be 16 divided between each purse account pro rata, based on the 17 amount of Illinois handle on Illinois standardbred and 18 thoroughbred racing respectively at the wagering facility 19 during the previous calendar year. Annually, the General 20 Assembly shall appropriate sufficient funds from the 21 General Revenue Fund to the Department of Agriculture for 22 payment into the thoroughbred and standardbred horse 23 racing purse accounts at Illinois pari-mutuel tracks. 24 The amount paid to each purse account shall be the amount 25 certified by the Illinois Racing Board in January to be 26 transferred from each account to each eligible racing 27 facility in accordance with the provisions of this 28 Section. 29 (h) The Board may approve and license the conduct of 30 inter-track wagering and simulcast wagering by inter-track 31 wagering licensees and inter-track wagering location 32 licensees subject to the following terms and conditions: 33 (1) Any person licensed to conduct a race meeting 34 at a track where 60 or more days of racing were conducted HB3490 Engrossed -12- LRB9109086LDtm 1 during the immediately preceding calendar year or where 2 over the 5 immediately preceding calendar years an 3 average of 30 or more days of racing were conducted 4 annually or at a track located in a county that is 5 bounded by the Mississippi River, which has a population 6 of less than 150,000 according to the 1990 decennial 7 census, and an average of at least 60 days of racing per 8 year between 1985 and 1993 may be issued an inter-track 9 wagering license. Any such person having operating 10 control of the racing facility may also receive up to 6 11 inter-track wagering location licenses. In no event shall 12 more than 6 inter-track wagering locations be established 13 for each eligible race track, except that an eligible 14 race track located in a county that has a population of 15 more than 230,000 and that is bounded by the Mississippi 16 River may establish up to 7 inter-track wagering 17 locations. An application for said license shall be filed 18 with the Board prior to such dates as may be fixed by the 19 Board. With an application for an inter-track wagering 20 location license there shall be delivered to the Board a 21 certified check or bank draft payable to the order of the 22 Board for an amount equal to $500. The application shall 23 be on forms prescribed and furnished by the Board. The 24 application shall comply with all other rules, 25 regulations and conditions imposed by the Board in 26 connection therewith. 27 (2) The Board shall examine the applications with 28 respect to their conformity with this Act and the rules 29 and regulations imposed by the Board. If found to be in 30 compliance with the Act and rules and regulations of the 31 Board, the Board may then issue a license to conduct 32 inter-track wagering and simulcast wagering to such 33 applicant. All such applications shall be acted upon by 34 the Board at a meeting to be held on such date as may be HB3490 Engrossed -13- LRB9109086LDtm 1 fixed by the Board. 2 (3) In granting licenses to conduct inter-track 3 wagering and simulcast wagering, the Board shall give due 4 consideration to the best interests of the public, of 5 horse racing, and of maximizing revenue to the State. 6 (4) Prior to the issuance of a license to conduct 7 inter-track wagering and simulcast wagering, the 8 applicant shall file with the Board a bond payable to the 9 State of Illinois in the sum of $50,000, executed by the 10 applicant and a surety company or companies authorized to 11 do business in this State, and conditioned upon (i) the 12 payment by the licensee of all taxes due under Section 27 13 or 27.1 and any other monies due and payable under this 14 Act, and (ii) distribution by the licensee, upon 15 presentation of the winning ticket or tickets, of all 16 sums payable to the patrons of pari-mutuel pools. 17 (5) Each license to conduct inter-track wagering 18 and simulcast wagering shall specify the person to whom 19 it is issued, the dates on which such wagering is 20 permitted, and the track or location where the wagering 21 is to be conducted. 22 (6) All wagering under such license is subject to 23 this Act and to the rules and regulations from time to 24 time prescribed by the Board, and every such license 25 issued by the Board shall contain a recital to that 26 effect. 27 (7) An inter-track wagering licensee or inter-track 28 wagering location licensee may accept wagers at the track 29 or location where it is licensed, or as otherwise 30 provided under this Act. 31 (8) Inter-track wagering or simulcast wagering 32 shall not be conducted at any track less than 5 miles 33 from a track at which a racing meeting is in progress. 34 (8.1) Inter-track wagering location licensees who HB3490 Engrossed -14- LRB9109086LDtm 1 derive their licenses from a particular organization 2 licensee shall conduct inter-track wagering and simulcast 3 wagering only at locations which are either within 90 4 miles of that race track where the particular 5 organization licensee is licensed to conduct racing, or 6 within 135 miles of that race track where the particular 7 organization licensee is licensed to conduct racing in 8 the case of race tracks in counties of less than 400,000 9 that were operating on or before June 1, 1986. However, 10 inter-track wagering and simulcast wagering shall not be 11 conducted by those licensees at any location within 5 12 miles of any race track at which a horse race meeting has 13 been licensed in the current year, unless the person 14 having operating control of such race track has given its 15 written consent to such inter-track wagering location 16 licensees, which consent must be filed with the Board at 17 or prior to the time application is made. 18 (8.2) Inter-track wagering or simulcast wagering 19 shall not be conducted by an inter-track wagering 20 location licensee at any location within 500 feet of an 21 existing church or existing school, nor within 500 feet 22 of the residences of more than 50 registered voters 23 without receiving written permission from a majority of 24 the registered voters at such residences. Such written 25 permission statements shall be filed with the Board. The 26 distance of 500 feet shall be measured to the nearest 27 part of any building used for worship services, education 28 programs, residential purposes, or conducting inter-track 29 wagering by an inter-track wagering location licensee, 30 and not to property boundaries. However, inter-track 31 wagering or simulcast wagering may be conducted at a site 32 within 500 feet of a church, school or residences of 50 33 or more registered voters if such church, school or 34 residences have been erected or established, or such HB3490 Engrossed -15- LRB9109086LDtm 1 voters have been registered, after the Board issues the 2 original inter-track wagering location license at the 3 site in question. Inter-track wagering location licensees 4 may conduct inter-track wagering and simulcast wagering 5 only in areas that are zoned for commercial or 6 manufacturing purposes or in areas for which a special 7 use has been approved by the local zoning authority. 8 However, no license to conduct inter-track wagering and 9 simulcast wagering shall be granted by the Board with 10 respect to any inter-track wagering location within the 11 jurisdiction of any local zoning authority which has, by 12 ordinance or by resolution, prohibited the establishment 13 of an inter-track wagering location within its 14 jurisdiction. However, inter-track wagering and 15 simulcast wagering may be conducted at a site if such 16 ordinance or resolution is enacted after the Board 17 licenses the original inter-track wagering location 18 licensee for the site in question. 19 (9) (Blank). 20 (10) An inter-track wagering licensee or an 21 inter-track wagering location licensee may retain, 22 subject to the payment of the privilege taxes and the 23 purses, an amount not to exceed 17% of all money wagered. 24 Each program of racing conducted by each inter-track 25 wagering licensee or inter-track wagering location 26 licensee shall be considered a separate racing day for 27 the purpose of determining the daily handle and computing 28 the privilege tax or pari-mutuel tax on such daily handle 29 as provided in Section 27. 30 (10.1) Except as provided in subsection (g) of 31 Section 27 of this Act, inter-track wagering location 32 licensees shall pay 1% of the pari-mutuel handle at each 33 location to the municipality in which such location is 34 situated and 1% of the pari-mutuel handle at each HB3490 Engrossed -16- LRB9109086LDtm 1 location to the county in which such location is 2 situated. In the event that an inter-track wagering 3 location licensee is situated in an unincorporated area 4 of a county, such licensee shall pay 2% of the 5 pari-mutuel handle from such location to such county. 6 (10.2) Notwithstanding any other provision of this 7 Act, with respect to intertrack wagering at a race track 8 located in a county that has a population of more than 9 230,000 and that is bounded by the Mississippi River 10 ("the first race track"), or at a facility operated by an 11 inter-track wagering licensee or inter-track wagering 12 location licensee that derives its license from the 13 organization licensee that operates the first race track, 14 on races conducted at the first race track or on races 15 conducted at another Illinois race track and 16 simultaneously televised to the first race track or to a 17 facility operated by an inter-track wagering licensee or 18 inter-track wagering location licensee that derives its 19 license from the organization licensee that operates the 20 first race track, those moneys shall be allocated as 21 follows: 22 (A) That portion of all moneys wagered on 23 standardbred racing that is required under this Act 24 to be paid to purses shall be paid to purses for 25 standardbred races. 26 (B) That portion of all moneys wagered on 27 thoroughbred racing that is required under this Act 28 to be paid to purses shall be paid to purses for 29 thoroughbred races. 30 (11) (A) After payment of the privilege or 31 pari-mutuel tax, any other applicable taxes, and the 32 costs and expenses in connection with the gathering, 33 transmission, and dissemination of all data necessary to 34 the conduct of inter-track wagering, the remainder of the HB3490 Engrossed -17- LRB9109086LDtm 1 monies retained under either Section 26 or Section 26.2 2 of this Act by the inter-track wagering licensee on 3 inter-track wagering shall be allocated with 50% to be 4 split between the 2 participating licensees and 50% to 5 purses, except that an intertrack wagering licensee that 6 derives its license from a track located in a county with 7 a population in excess of 230,000 and that borders the 8 Mississippi River shall not divide any remaining 9 retention with the Illinois organization licensee that 10 provides the race or races, and an intertrack wagering 11 licensee that accepts wagers on races conducted by an 12 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 that organization licensee. 16 (B) From the sums permitted to be retained pursuant 17 to this Act each inter-track wagering location licensee 18 shall pay (i) the privilege or pari-mutuel tax to the 19 State; (ii) 4.75% of the pari-mutuel handle on intertrack 20 wagering at such location on races as purses, except that 21 an intertrack wagering location licensee that derives its 22 license from a track located in a county with a 23 population in excess of 230,000 and that borders the 24 Mississippi River shall retain all purse moneys for its 25 own purse account consistent with distribution set forth 26 in this subsection (h), and intertrack wagering location 27 licensees that accept wagers on races conducted by an 28 organization licensee located in a county with a 29 population in excess of 230,000 and that borders the 30 Mississippi River shall distribute all purse moneys to 31 purses at the operating host track; (iii) until January 32 1, 2000, except as provided in subsection (g) of Section 33 27 of this Act, 1% of the pari-mutuel handle wagered on 34 inter-track wagering and simulcast wagering at each HB3490 Engrossed -18- LRB9109086LDtm 1 inter-track wagering location licensee facility to the 2 Horse Racing Tax Allocation Fund, provided that, to the 3 extent the total amount collected and distributed to the 4 Horse Racing Tax Allocation Fund under this subsection 5 (h) during any calendar year exceeds the amount collected 6 and distributed to the Horse Racing Tax Allocation Fund 7 during calendar year 1994, that excess amount shall be 8 redistributed (I) to all inter-track wagering location 9 licensees, based on each licensee's pro-rata share of the 10 total handle from inter-track wagering and simulcast 11 wagering for all inter-track wagering location licensees 12 during the calendar year in which this provision is 13 applicable; then (II) the amounts redistributed to each 14 inter-track wagering location licensee as described in 15 subpart (I) shall be further redistributed as provided in 16 subparagraph (B) of paragraph (5) of subsection (g) of 17 this Section 26 provided first, that the shares of those 18 amounts, which are to be redistributed to the host track 19 or to purses at the host track under subparagraph (B) of 20 paragraph (5) of subsection (g) of this Section 26 shall 21 be redistributed based on each host track's pro rata 22 share of the total inter-track wagering and simulcast 23 wagering handle at all host tracks during the calendar 24 year in question, and second, that any amounts 25 redistributed as described in part (I) to an inter-track 26 wagering location licensee that accepts wagers on races 27 conducted by an organization licensee that conducts a 28 race meet in a county with a population in excess of 29 230,000 and that borders the Mississippi River shall be 30 further redistributed as provided in subparagraphs (D) 31 and (E) of paragraph (7) of subsection (g) of this 32 Section 26, with the portion of that further 33 redistribution allocated to purses at that organization 34 licensee to be divided between standardbred purses and HB3490 Engrossed -19- LRB9109086LDtm 1 thoroughbred purses based on the amounts otherwise 2 allocated to purses at that organization licensee during 3 the calendar year in question; and (iv) 8% of the 4 pari-mutuel handle on inter-track wagering wagered at 5 such location to satisfy all costs and expenses of 6 conducting its wagering. The remainder of the monies 7 retained by the inter-track wagering location licensee 8 shall be allocated 40% to the location licensee and 60% 9 to the organization licensee which provides the Illinois 10 races to the location, except that an intertrack wagering 11 location licensee that derives its license from a track 12 located in a county with a population in excess of 13 230,000 and that borders the Mississippi River shall not 14 divide any remaining retention with the organization 15 licensee that provides the race or races and an 16 intertrack wagering location licensee that accepts wagers 17 on races conducted by an organization licensee that 18 conducts a race meet in a county with a population in 19 excess of 230,000 and that borders the Mississippi River 20 shall not divide any remaining retention with the 21 organization licensee. Notwithstanding the provisions of 22 clauses (ii) and (iv) of this paragraph, in the case of 23 the additional inter-track wagering location licenses 24 authorized under paragraph (1) of this subsection (h) by 25 this amendatory Act of 1991, those licensees shall pay 26 the following amounts as purses: during the first 12 27 months the licensee is in operation, 5.25% of the 28 pari-mutuel handle wagered at the location on races; 29 during the second 12 months, 5.25%; during the third 12 30 months, 5.75%; during the fourth 12 months, 6.25%; and 31 during the fifth 12 months and thereafter, 6.75%. The 32 following amounts shall be retained by the licensee to 33 satisfy all costs and expenses of conducting its 34 wagering: during the first 12 months the licensee is in HB3490 Engrossed -20- LRB9109086LDtm 1 operation, 8.25% of the pari-mutuel handle wagered at the 2 location; during the second 12 months, 8.25%; during the 3 third 12 months, 7.75%; during the fourth 12 months, 4 7.25%; and during the fifth 12 months and thereafter, 5 6.75%. For additional intertrack wagering location 6 licensees authorized under this amendatory Act of 1995, 7 purses for the first 12 months the licensee is in 8 operation shall be 5.75% of the pari-mutuel wagered at 9 the location, purses for the second 12 months the 10 licensee is in operation shall be 6.25%, and purses 11 thereafter shall be 6.75%. For additional intertrack 12 location licensees authorized under this amendatory Act 13 of 1995, the licensee shall be allowed to retain to 14 satisfy all costs and expenses: 7.75% of the pari-mutuel 15 handle wagered at the location during its first 12 months 16 of operation, 7.25% during its second 12 months of 17 operation, and 6.75% thereafter. 18 (C) There is hereby created the Horse Racing Tax 19 Allocation Fund which shall remain in existence until 20 December 31, 1999. Moneys remaining in the Fund after 21 December 31, 1999 shall be paid into the General Revenue 22 Fund. Until January 1, 2000, all monies paid into the 23 Horse Racing Tax Allocation Fund pursuant to this 24 paragraph (11) by inter-track wagering location licensees 25 located in park districts of 500,000 population or less, 26 or in a municipality that is not included within any park 27 district but is included within a conservation district 28 and is the county seat of a county that (i) is contiguous 29 to the state of Indiana and (ii) has a 1990 population of 30 88,257 according to the United States Bureau of the 31 Census, and operating on May 1, 1994 shall be allocated 32 by appropriation as follows: 33 Two-sevenths to the Department of Agriculture. 34 Fifty percent of this two-sevenths shall be used to HB3490 Engrossed -21- LRB9109086LDtm 1 promote the Illinois horse racing and breeding 2 industry, and shall be distributed by the Department 3 of Agriculture upon the advice of a 9-member 4 committee appointed by the Governor consisting of 5 the following members: the Director of Agriculture, 6 who shall serve as chairman; 2 representatives of 7 organization licensees conducting thoroughbred race 8 meetings in this State, recommended by those 9 licensees; 2 representatives of organization 10 licensees conducting standardbred race meetings in 11 this State, recommended by those licensees; a 12 representative of the Illinois Thoroughbred Breeders 13 and Owners Foundation, recommended by that 14 Foundation; a representative of the Illinois 15 Standardbred Owners and Breeders Association, 16 recommended by that Association; a representative of 17 the Horsemen's Benevolent and Protective Association 18 or any successor organization thereto established in 19 Illinois comprised of the largest number of owners 20 and trainers, recommended by that Association or 21 that successor organization; and a representative of 22 the Illinois Harness Horsemen's Association, 23 recommended by that Association. Committee members 24 shall serve for terms of 2 years, commencing January 25 1 of each even-numbered year. If a representative 26 of any of the above-named entities has not been 27 recommended by January 1 of any even-numbered year, 28 the Governor shall appoint a committee member to 29 fill that position. Committee members shall receive 30 no compensation for their services as members but 31 shall be reimbursed for all actual and necessary 32 expenses and disbursements incurred in the 33 performance of their official duties. The remaining 34 50% of this two-sevenths shall be distributed to HB3490 Engrossed -22- LRB9109086LDtm 1 county fairs for premiums and rehabilitation as set 2 forth in the Agricultural Fair Act; 3 Four-sevenths to park districts or 4 municipalities that do not have a park district of 5 500,000 population or less for museum purposes (if 6 an inter-track wagering location licensee is located 7 in such a park district) or to conservation 8 districts for museum purposes (if an inter-track 9 wagering location licensee is located in a 10 municipality that is not included within any park 11 district but is included within a conservation 12 district and is the county seat of a county that (i) 13 is contiguous to the state of Indiana and (ii) has a 14 1990 population of 88,257 according to the United 15 States Bureau of the Census, except that if the 16 conservation district does not maintain a museum, 17 the monies shall be allocated equally between the 18 county and the municipality in which the inter-track 19 wagering location licensee is located for general 20 purposes) or to a municipal recreation board for 21 park purposes (if an inter-track wagering location 22 licensee is located in a municipality that is not 23 included within any park district and park 24 maintenance is the function of the municipal 25 recreation board and the municipality has a 1990 26 population of 9,302 according to the United States 27 Bureau of the Census); provided that the monies are 28 distributed to each park district or conservation 29 district or municipality that does not have a park 30 district in an amount equal to four-sevenths of the 31 amount collected by each inter-track wagering 32 location licensee within the park district or 33 conservation district or municipality for the Fund. 34 Monies that were paid into the Horse Racing Tax HB3490 Engrossed -23- LRB9109086LDtm 1 Allocation Fund before the effective date of this 2 amendatory Act of 1991 by an inter-track wagering 3 location licensee located in a municipality that is 4 not included within any park district but is 5 included within a conservation district as provided 6 in this paragraph shall, as soon as practicable 7 after the effective date of this amendatory Act of 8 1991, be allocated and paid to that conservation 9 district as provided in this paragraph. Any park 10 district or municipality not maintaining a museum 11 may deposit the monies in the corporate fund of the 12 park district or municipality where the inter-track 13 wagering location is located, to be used for general 14 purposes; and 15 One-seventh to the Agricultural Premium Fund to 16 be used for distribution to agricultural home 17 economics extension councils in accordance with "An 18 Act in relation to additional support and finances 19 for the Agricultural and Home Economic Extension 20 Councils in the several counties of this State and 21 making an appropriation therefor", approved July 24, 22 1967. 23 Until January 1, 2000, all other monies paid into 24 the Horse Racing Tax Allocation Fund pursuant to this 25 paragraph (11) shall be allocated by appropriation as 26 follows: 27 Two-sevenths to the Department of Agriculture. 28 Fifty percent of this two-sevenths shall be used to 29 promote the Illinois horse racing and breeding 30 industry, and shall be distributed by the Department 31 of Agriculture upon the advice of a 9-member 32 committee appointed by the Governor consisting of 33 the following members: the Director of Agriculture, 34 who shall serve as chairman; 2 representatives of HB3490 Engrossed -24- LRB9109086LDtm 1 organization licensees conducting thoroughbred race 2 meetings in this State, recommended by those 3 licensees; 2 representatives of organization 4 licensees conducting standardbred race meetings in 5 this State, recommended by those licensees; a 6 representative of the Illinois Thoroughbred Breeders 7 and Owners Foundation, recommended by that 8 Foundation; a representative of the Illinois 9 Standardbred Owners and Breeders Association, 10 recommended by that Association; a representative of 11 the Horsemen's Benevolent and Protective Association 12 or any successor organization thereto established in 13 Illinois comprised of the largest number of owners 14 and trainers, recommended by that Association or 15 that successor organization; and a representative of 16 the Illinois Harness Horsemen's Association, 17 recommended by that Association. Committee members 18 shall serve for terms of 2 years, commencing January 19 1 of each even-numbered year. If a representative 20 of any of the above-named entities has not been 21 recommended by January 1 of any even-numbered year, 22 the Governor shall appoint a committee member to 23 fill that position. Committee members shall receive 24 no compensation for their services as members but 25 shall be reimbursed for all actual and necessary 26 expenses and disbursements incurred in the 27 performance of their official duties. The remaining 28 50% of this two-sevenths shall be distributed to 29 county fairs for premiums and rehabilitation as set 30 forth in the Agricultural Fair Act; 31 Four-sevenths to museums and aquariums located 32 in park districts of over 500,000 population; 33 provided that the monies are distributed in 34 accordance with the previous year's distribution of HB3490 Engrossed -25- LRB9109086LDtm 1 the maintenance tax for such museums and aquariums 2 as provided in Section 2 of the Park District 3 Aquarium and Museum Act; and 4 One-seventh to the Agricultural Premium Fund to 5 be used for distribution to agricultural home 6 economics extension councils in accordance with "An 7 Act in relation to additional support and finances 8 for the Agricultural and Home Economic Extension 9 Councils in the several counties of this State and 10 making an appropriation therefor", approved July 24, 11 1967. This subparagraph (C) shall be inoperative and 12 of no force and effect on and after January 1, 2000. 13 (D) Except as provided in paragraph (11) of 14 this subsection (h), with respect to purse 15 allocation from intertrack wagering, the monies so 16 retained shall be divided as follows: 17 (i) If the inter-track wagering licensee, 18 except an intertrack wagering licensee that 19 derives its license from an organization 20 licensee located in a county with a population 21 in excess of 230,000 and bounded by the 22 Mississippi River, is not conducting its own 23 race meeting during the same dates, then the 24 entire purse allocation shall be to purses at 25 the track where the races wagered on are being 26 conducted. 27 (ii) If the inter-track wagering 28 licensee, except an intertrack wagering 29 licensee that derives its license from an 30 organization licensee located in a county with 31 a population in excess of 230,000 and bounded 32 by the Mississippi River, is also conducting 33 its own race meeting during the same dates, 34 then the purse allocation shall be as follows: HB3490 Engrossed -26- LRB9109086LDtm 1 50% to purses at the track where the races 2 wagered on are being conducted; 50% to purses 3 at the track where the inter-track wagering 4 licensee is accepting such wagers. 5 (iii) If the inter-track wagering is 6 being conducted by an inter-track wagering 7 location licensee, except an intertrack 8 wagering location licensee that derives its 9 license from an organization licensee located 10 in a county with a population in excess of 11 230,000 and bounded by the Mississippi River, 12 the entire purse allocation for Illinois races 13 shall be to purses at the track where the race 14 meeting being wagered on is being held. 15 (12) The Board shall have all powers necessary and 16 proper to fully supervise and control the conduct of 17 inter-track wagering and simulcast wagering by 18 inter-track wagering licensees and inter-track wagering 19 location licensees, including, but not limited to the 20 following: 21 (A) The Board is vested with power to 22 promulgate reasonable rules and regulations for the 23 purpose of administering the conduct of this 24 wagering and to prescribe reasonable rules, 25 regulations and conditions under which such wagering 26 shall be held and conducted. Such rules and 27 regulations are to provide for the prevention of 28 practices detrimental to the public interest and for 29 the best interests of said wagering and to impose 30 penalties for violations thereof. 31 (B) The Board, and any person or persons to 32 whom it delegates this power, is vested with the 33 power to enter the facilities of any licensee to 34 determine whether there has been compliance with the HB3490 Engrossed -27- LRB9109086LDtm 1 provisions of this Act and the rules and regulations 2 relating to the conduct of such wagering. 3 (C) The Board, and any person or persons to 4 whom it delegates this power, may eject or exclude 5 from any licensee's facilities, any person whose 6 conduct or reputation is such that his presence on 7 such premises may, in the opinion of the Board, call 8 into the question the honesty and integrity of, or 9 interfere with the orderly conduct of such wagering; 10 provided, however, that no person shall be excluded 11 or ejected from such premises solely on the grounds 12 of race, color, creed, national origin, ancestry, or 13 sex. 14 (D) (Blank). 15 (E) The Board is vested with the power to 16 appoint delegates to execute any of the powers 17 granted to it under this Section for the purpose of 18 administering this wagering and any rules and 19 regulations promulgated in accordance with this Act. 20 (F) The Board shall name and appoint a State 21 director of this wagering who shall be a 22 representative of the Board and whose duty it shall 23 be to supervise the conduct of inter-track wagering 24 as may be provided for by the rules and regulations 25 of the Board; such rules and regulation shall 26 specify the method of appointment and the Director's 27 powers, authority and duties. 28 (G) The Board is vested with the power to 29 impose civil penalties of up to $5,000 against 30 individuals and up to $10,000 against licensees for 31 each violation of any provision of this Act relating 32 to the conduct of this wagering, any rules adopted 33 by the Board, any order of the Board or any other 34 action which in the Board's discretion, is a HB3490 Engrossed -28- LRB9109086LDtm 1 detriment or impediment to 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 7 the Department of Agriculture's licensed race meeting 8 upon which the licensees will conduct wagering. In the 9 event that a licensee conducts inter-track pari-mutuel 10 wagering on races from the Illinois State Fair or DuQuoin 11 State Fair which are in addition to the licensee's 12 previously approved racing program, those races shall be 13 considered a separate racing day for the purpose of 14 determining the daily handle and computing the privilege 15 or pari-mutuel tax on that daily handle as provided in 16 Sections 27 and 27.1. Such agreements shall be approved 17 by the Board before such wagering may be conducted. In 18 determining whether to grant approval, the Board shall 19 give due consideration to the best interests of the 20 public and of horse racing. The provisions of paragraphs 21 (1), (8), (8.1), and (8.2) of subsection (h) of this 22 Section which are not specified in this paragraph (13) 23 shall not apply to licensed race meetings conducted by 24 the Department of Agriculture at the Illinois State Fair 25 in Sangamon County or the DuQuoin State Fair in Perry 26 County, or to any wagering conducted on those race 27 meetings. 28 (i) Notwithstanding the other provisions of this Act, 29 the conduct of wagering at wagering facilities is authorized 30 on all days, except as limited by subsection (b) of Section 31 19 of this Act. 32 (Source: P.A. 91-40, eff. 6-25-99.) 33 Section 99. Effective date. This Act takes effect upon HB3490 Engrossed -29- LRB9109086LDtm 1 becoming law.