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| [ House Amendment 005 ] |
91_SB1017ham003
LRB9105678LDmbam17
1 AMENDMENT TO SENATE BILL 1017
2 AMENDMENT NO. . Amend Senate Bill 1017 by replacing
3 the title with the following:
4 "AN ACT in relation to gambling, amending named Acts.";
5 and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The State Finance Act is amended by adding
9 Sections 5.490, 5.491, and 5.492 as follows:
10 (30 ILCS 105/5.490 new)
11 Sec. 5.490. The Horse Racing Equity Fund.
12 (30 ILCS 105/5.491 new)
13 Sec. 5.491. The Illinois Racing Quarterhorse Breeders
14 Fund.
15 (30 ILCS 105/5.492 new)
16 Sec. 5.492. The Horse Racing Fund.
17 Section 10. The Illinois Horse Racing Act of 1975 is
18 amended by changing Sections 3.04, 3.075, 14, 15, 18, 20, 21,
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1 26, 26.1, 27, 27.1, 28, 29, and 30 and adding Sections 1.2,
2 1.3, 20.1, 28.1, 30.5, 32.1, 54, and 55 as follows:
3 (230 ILCS 5/1.2 new)
4 Sec. 1.2. Legislative intent. This Act is intended to
5 benefit the people of the State of Illinois by assisting
6 economic development and promoting Illinois tourism. The
7 General Assembly finds and declares it to be the public
8 policy of the State of Illinois to:
9 (a) support and enhance Illinois' horse racing industry,
10 which is a significant component within the agribusiness
11 industry;
12 (b) ensure that Illinois' horse racing industry remains
13 competitive with neighboring states;
14 (c) stimulate growth within Illinois' horse racing
15 industry, thereby encouraging new investment and development
16 to produce additional tax revenues and to create additional
17 jobs;
18 (d) promote the further growth of tourism;
19 (e) encourage the breeding of thoroughbred and
20 standardbred horses in this State; and
21 (f) ensure that public confidence and trust in the
22 credibility and integrity of racing operations and the
23 regulatory process is maintained.
24 (230 ILCS 5/1.3 new)
25 Sec. 1.3. Legislative findings.
26 (a) The General Assembly finds that the Illinois gaming
27 industry is a single industry consisting of horse racing and
28 riverboat gambling. Reports issued by the legislative
29 Economic and Fiscal Commission in 1992, 1994, and 1998 have
30 found that horse racing and riverboat gambling:
31 (1) "share many of the same characteristics" and
32 are "more alike than different";
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1 (2) are planned events;
2 (3) have similar odds of winning;
3 (4) occur in similar settings; and
4 (5) compete with each other for limited gaming
5 dollars.
6 (b) The General Assembly declares it to be the public
7 policy of this State to ensure the viability of both horse
8 racing and riverboat aspects of the Illinois gaming industry.
9
10 (230 ILCS 5/3.04) (from Ch. 8, par. 37-3.04)
11 Sec. 3.04. "Director of mutuels" means the individual
12 representing the Board in the supervision and verification of
13 the pari-mutuel wagering pool totals for each racing day,
14 which verification shall be the basis for computing State
15 privilege or pari-mutuel taxes, licensee commissions and
16 purses.
17 (Source: P.A. 89-16, eff. 5-30-95.)
18 (230 ILCS 5/3.075)
19 Sec. 3.075. (a) "Host track" means the organization
20 licensee (i) conducting live thoroughbred racing between the
21 hours of 6:30 a.m. and 6:30 p.m. from the first day to the
22 last day of its horse racing meet as awarded by the Board
23 (including all days within that period when no live racing
24 occurs), except as otherwise provided in subsections (c) and
25 (e) of this Section, or (ii) conducting live standardbred
26 racing between the hours of 6:30 p.m. to 6:30 a.m. of the
27 following day from the first day to the last day of its horse
28 racing meet as awarded by the Board (including all days
29 within that period when no live racing occurs, except as
30 otherwise provided in subsections (b), (d), and (e) of this
31 Section); provided that the organization licensee conducts
32 live racing no fewer than 5 days per week with no fewer than
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1 9 races per day, unless a lesser schedule of live racing is
2 the result of (1) weather, unsafe track conditions, or other
3 acts of God; (2) an agreement between the organization
4 licensee and the associations representing the largest number
5 of owners, trainers, and standardbred drivers who race horses
6 at that organization licensee's race meeting, with the
7 Board's consent; or (3) a decision by the Board after a
8 public hearing (in which the associations representing the
9 owners, trainers, jockeys, or standardbred drivers who race
10 horses at that organization licensee's race meeting shall
11 participate) either at the time racing dates are awarded or
12 after those dates are awarded due to changed financial
13 circumstances, upon a written petition from the organization
14 licensee, accompanied by supporting financial data as
15 requested by the Board, stating that the organization
16 licensee has and will continue to incur significant financial
17 losses. No organization licensee conducting its race meeting
18 in a county bordering the Mississippi River and having a
19 population greater than 230,000 may be a host track for its
20 race meeting.
21 (b) (Blank). Notwithstanding the provisions of
22 subsection (a) of this Section, any organization licensee
23 that conducts a standardbred race meeting fewer than 5 days
24 per week between the hours of 6:30 p.m. and 6:30 a.m. prior
25 to December 31, 1995 in a county with a population of less
26 than 1,000,000 and contiguous to the State of Indiana may be
27 deemed a host track during those hours on days when no other
28 organization licensee is conducting a standardbred race
29 meeting during those hours.
30 (c) (Blank). In the event 2 organization licensees are
31 conducting thoroughbred race meetings concurrently between
32 the hours of 6:30 a.m. and 6:30 p.m., the organization
33 licensee with the most race dates between the hours of 6:30
34 a.m. and 6:30 p.m. awarded by the Board for that year shall
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1 be designated the host track.
2 (d) Notwithstanding the provisions of subsection (a) of
3 this Section and except as otherwise provided in subsection
4 (e) of this Section, in the event that 2 organization
5 licensees conduct their standardbred race meetings
6 concurrently on any date after January 1, 1996, between the
7 hours of 6:30 p.m. and 6:30 a.m., the organization licensee
8 awarded the most racing dates between 6:30 p.m. and 6:30 a.m.
9 during the calendar year in which that concurrent racing
10 occurs will be deemed the host track, provided that the 2
11 organization licensees collectively conduct live standardbred
12 racing between 6:30 p.m. and 6:30 a.m. during the week in
13 which concurrent race meetings occur no less than 5 days per
14 week with no less than 9 races per day. During each week of
15 the calendar year in which 2 organization licensees are
16 conducting live standardbred race meetings between 6:30 p.m.
17 and 6:30 a.m., if there is any day in that week on which only
18 one organization licensee is conducting a standardbred race
19 meeting between 6:30 p.m. and 6:30 a.m., that organization
20 licensee shall be the host track provided that the 2
21 organization licensees collectively conduct live standardbred
22 racing between 6:30 p.m. and 6:30 a.m. during the week in
23 which concurrent race meetings occur no less than 5 days per
24 week with no less than 9 races per day. During each week of
25 the calendar year in which 2 organization licensees are
26 concurrently conducting live standardbred race meetings on
27 one or more days between 6:30 p.m. and 6:30 a.m., if there is
28 any day in that week on which no organization licensee is
29 conducting a standardbred race meeting between 6:30 p.m. and
30 6:30 a.m., the organization licensee conducting a
31 standardbred race meeting during that week and time period
32 that has been awarded the most racing dates during the
33 calendar year between 6:30 p.m. and 6:30 a.m. shall be the
34 host track, provided that the 2 organization licensees
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1 collectively conduct live standardbred racing between 6:30
2 p.m. and 6:30 a.m. during the week in which concurrent race
3 meetings occur no less than 5 days per week with no less than
4 9 races per day. The requirement in this subsection (d) that
5 live racing be conducted no less than 5 days per week with no
6 less than 9 races per day shall be subject to exceptions set
7 forth in items (1), (2), and (3) of subsection (a) of Section
8 3.075.
9 (e) During any calendar period in which no organization
10 licensee has been awarded a thoroughbred race meeting, the
11 host track, between the hours of 6:30 a.m. and 6:30 p.m. of
12 such period, shall be an organization licensee determined by
13 the Board, provided the organization licensee has been
14 awarded a thoroughbred race meeting in the current year and
15 is eligible to be a host track. During the period from
16 January 1 to the third Friday in February, inclusive, if no
17 live thoroughbred racing is occurring in Illinois, the host
18 track between 6:30 a.m. and 6:30 p.m. during this period of
19 the year from the first day to the last day of its race
20 meeting including all days when it does not conduct live
21 racing between 6:30 a.m. and 6:30 p.m. is the organization
22 licensee that conducts live standardbred racing between 6:30
23 a.m. and 6:30 p.m. during the week in which its race meeting
24 occurs, provided that the organization licensee conducts live
25 standardbred racing no less than 5 days per week with no less
26 than 9 races per day. If 2 organization licensees are
27 conducting standardbred race meetings concurrently on any day
28 or on different days within the same week between the hours
29 of 6:30 a.m. and 6:30 p.m. during the period from January 1
30 to the third Friday in February, inclusive, if no live
31 thoroughbred racing is occurring in Illinois during this
32 period, the host track shall be the organization licensee
33 with the most race dates awarded by the Board between 6:30
34 a.m. and 6:30 p.m. for this period and shall be deemed the
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1 host track from the first day to the last day of its race
2 meeting during this period including all days within the
3 period when no live racing occurs, provided that the 2
4 organization licensees collectively conduct live standardbred
5 racing between 6:30 a.m. and 6:30 p.m. during the week in
6 which concurrent race meetings occur no less than 5 days per
7 week with no less than 9 races per day. If 2 organization
8 licenses are conducting standardbred race meetings
9 concurrently on any day between the hours of 6:30 p.m. and
10 6:30 a.m. of January 1 to the third Friday in February,
11 inclusive, the host track shall be the organization licensee
12 with the most race dates awarded by the Board between 6:30
13 p.m. and 6:30 a.m. during this period, provided that the 2
14 organization licensees collectively conduct live standardbred
15 racing between 6:30 p.m. and 6:30 a.m. during the week in
16 which concurrent race meetings occur no less than 5 days per
17 week with no less than 9 races per day. The requirement in
18 this subsection (e) that live racing be conducted no less
19 than 5 days per week with no less than 9 races per day shall
20 be subject to exceptions set forth in subsections (1), (2),
21 and (3) of subsection (a) of Section 3.075.
22 (Source: P.A. 89-16, eff. 5-30-95.)
23 (230 ILCS 5/14) (from Ch. 8, par. 37-14)
24 Sec. 14. (a) The Board shall hold regular and special
25 meetings at such times and places as may be necessary to
26 perform properly and effectively all duties required under
27 this Act. A majority of the members of the Board shall
28 constitute a quorum for the transaction of any business, for
29 the performance of any duty, or for the exercise of any power
30 which this Act requires the Board members to transact,
31 perform or exercise en banc, except that upon order of the
32 Board one of the Board members may conduct the hearing
33 provided in Section 16. The Board member conducting such
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1 hearing shall have all powers and rights granted to the Board
2 in this Act. The record made at the hearing shall be
3 reviewed by the Board, or a majority thereof, and the
4 findings and decision of the majority of the Board shall
5 constitute the order of the Board in such case.
6 (b) The Board shall obtain a court reporter who will be
7 present at each regular and special meeting and proceeding
8 and who shall make accurate transcriptions thereof except
9 that when in the judgment of the Board an emergency situation
10 requires a meeting by teleconference, the executive director
11 shall prepare minutes of the meeting indicating the date and
12 time of the meeting and which members of the Board were
13 present or absent, summarizing all matters proposed,
14 deliberated, or decided at the meeting, and indicating the
15 results of all votes taken. The public shall be allowed to
16 listen to the proceedings of that meeting at all Board branch
17 offices.
18 (c) The Board shall provide records which are separate
19 and distinct from the records of any other State board or
20 commission. Such records shall be available for public
21 inspection and shall accurately reflect all Board
22 proceedings.
23 (d) The Board shall file a written annual report with
24 the Governor on or before March 1 each year and such
25 additional reports as the Governor may request. The annual
26 report shall include a statement of receipts and
27 disbursements by the Board, actions taken by the Board, a
28 report on the industry's progress toward the policy
29 objectives established in Section 1.2 of this Act, and any
30 additional information and recommendations which the Board
31 may deem valuable or which the Governor may request.
32 (e) The Board shall maintain a branch office on the
33 ground of every organization licensee during the organization
34 licensee's race meeting, which office shall be kept open
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1 throughout the time the race meeting is held. The Board
2 shall designate one of its members, or an authorized agent
3 of the Board who shall have the authority to act for the
4 Board, to be in charge of the branch office during the time
5 it is required to be kept open.
6 (Source: P.A. 88-495; 89-16, eff. 5-30-95.)
7 (230 ILCS 5/15) (from Ch. 8, par. 37-15)
8 Sec. 15. (a) The Board shall, in its discretion, issue
9 occupation licenses to horse owners, trainers, harness
10 drivers, jockeys, agents, apprentices, grooms, stable
11 foremen, exercise persons, veterinarians, valets,
12 blacksmiths, concessionaires and others designated by the
13 Board whose work, in whole or in part, is conducted upon
14 facilities within the State. Such occupation licenses will
15 be obtained prior to the persons engaging in their vocation
16 upon such facilities. The Board shall not license pari-mutuel
17 clerks, parking attendants, security guards and employees of
18 concessionaires. No occupation license shall be required of
19 any person who works at facilities within this State as a
20 pari-mutuel clerk, parking attendant, security guard or as an
21 employee of a concessionaire. Concessionaires of the Illinois
22 State Fair and DuQuoin State Fair and employees of the
23 Illinois Department of Agriculture shall not be required to
24 obtain an occupation license by the Board.
25 (b) Each application for an occupation license shall be
26 on forms prescribed by the Board. Such license, when issued,
27 shall be for the period ending December 31 of each year,
28 except that the Board in its discretion may grant 3-year
29 licenses. The application shall be accompanied by a fee of
30 not more than $25 per year or, in the case of 3-year
31 occupation license applications, a fee of not more than $60.
32 Each applicant shall set forth in the application his full
33 name and address, and if he had been issued prior occupation
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1 licenses or has been licensed in any other state under any
2 other name, such name, his age, whether or not a permit or
3 license issued to him in any other state has been suspended
4 or revoked and if so whether such suspension or revocation is
5 in effect at the time of the application, and such other
6 information as the Board may require. Fees for registration
7 of stable names shall not exceed $50.00.
8 (c) The Board may in its discretion refuse an occupation
9 license to any person:
10 (1) who has been convicted of a crime;
11 (2) who is unqualified to perform the duties
12 required of such applicant;
13 (3) who fails to disclose or states falsely any
14 information called for in the application;
15 (4) who has been found guilty of a violation of
16 this Act or of the rules and regulations of the Board; or
17 (5) whose license or permit has been suspended,
18 revoked or denied for just cause in any other state.
19 (d) The Board may suspend or revoke any occupation
20 license:
21 (1) for violation of any of the provisions of this
22 Act; or
23 (2) for violation of any of the rules or
24 regulations of the Board; or
25 (3) for any cause which, if known to the Board,
26 would have justified the Board in refusing to issue such
27 occupation license; or
28 (4) for any other just cause.
29 (e) Each applicant for licensure shall submit with his
30 occupation license application, on forms provided by the
31 Board, 2 sets of his fingerprints. All such applicants shall
32 appear in person at the location designated by the Board for
33 the purpose of submitting such sets of fingerprints; however,
34 with the prior approval of a State steward, an applicant may
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1 have such sets of fingerprints taken by an official law
2 enforcement agency and submitted to the Board.
3 The Board shall cause one set of such fingerprints to be
4 compared with fingerprints of criminals now or hereafter
5 filed in the records of the Illinois Department of State
6 Police. The Board shall also cause such fingerprints to be
7 compared with fingerprints of criminals now or hereafter
8 filed in the records of other official fingerprint files
9 within or without this State.
10 The Board may, in its discretion, require the applicant
11 to pay a fee for the purpose of having his fingerprints
12 processed. The fingerprint processing fee shall be set
13 annually by the Director of State Police, based upon actual
14 costs.
15 (f) The Board may, in its discretion, issue an
16 occupation license without submission of fingerprints if an
17 applicant has been duly licensed in another recognized racing
18 jurisdiction state after submitting fingerprints in that
19 jurisdiction state.
20 (Source: P.A. 88-495; 89-16, eff. 5-30-95.)
21 (230 ILCS 5/18) (from Ch. 8, par. 37-18)
22 Sec. 18. (a) Together with its application, each
23 applicant for racing dates shall deliver to the Board a
24 certified check or bank draft payable to the order of the
25 Board for $1,000. In the event the applicant applies for
26 racing dates in 2 or 3 successive calendar years as provided
27 in subsection (b) of Section 21, the fee shall be $2,000.
28 Filing fees shall not be refunded in the event the
29 application is denied.
30 (b) In addition to the filing fee of $1000 and the fees
31 provided in subsection (j) of Section 20, each organization
32 licensee shall pay a license fee of $100 for each racing
33 program on which its daily pari-mutuel handle is $400,000 or
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1 more but less than $700,000, and a license fee of $200 for
2 each racing program on which its daily pari-mutuel handle is
3 $700,000 or more. The additional fees required to be paid
4 under this Section by this amendatory Act of 1982 shall be
5 remitted by the organization licensee to the Illinois Racing
6 Board with each day's graduated privilege tax or pari-mutuel
7 tax and breakage as provided under Section 27.
8 (c) Sections 11-42-1, 11-42-5, and 11-54-1 of the
9 "Illinois Municipal Code," approved May 29, 1961, as now or
10 hereafter amended, shall not apply to any license under this
11 Act.
12 (Source: P.A. 88-495; 89-16, eff. 5-30-95.)
13 (230 ILCS 5/20) (from Ch. 8, par. 37-20)
14 Sec. 20. (a) Any person desiring to conduct a horse race
15 meeting may apply to the Board for an organization license.
16 The application shall be made on a form prescribed and
17 furnished by the Board. The application shall specify:
18 (1) the dates on which it intends to conduct the
19 horse race meeting, which dates shall be provided under
20 Section 21;
21 (2) the hours of each racing day between which it
22 intends to hold or conduct horse racing at such meeting;
23 (3) the location where it proposes to conduct the
24 meeting; and
25 (4) any other information the Board may reasonably
26 require.
27 (b) A separate application for an organization license
28 shall be filed for each horse race meeting which such person
29 proposes to hold. Any such application, if made by an
30 individual, or by any individual as trustee, shall be signed
31 and verified under oath by such individual. If made by
32 individuals or a partnership, it shall be signed and verified
33 under oath by at least 2 of such individuals or members of
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1 such partnership as the case may be. If made by an
2 association, corporation, corporate trustee or any other
3 entity, it shall be signed by the president and attested by
4 the secretary or assistant secretary under the seal of such
5 association, trust or corporation if it has a seal, and shall
6 also be verified under oath by one of the signing officers.
7 (c) The application shall specify the name of the
8 persons, association, trust, or corporation making such
9 application and the post office address of the applicant; if
10 the applicant is a trustee, the names and addresses of the
11 beneficiaries; if a corporation, the names and post office
12 addresses of all officers, stockholders and directors; or if
13 such stockholders hold stock as a nominee or fiduciary, the
14 names and post office addresses of these persons,
15 partnerships, corporations, or trusts who are the beneficial
16 owners thereof or who are beneficially interested therein;
17 and if a partnership, the names and post office addresses of
18 all partners, general or limited; if the applicant is a
19 corporation, the name of the state of its incorporation shall
20 be specified.
21 (d) The applicant shall execute and file with the Board
22 a good faith affirmative action plan to recruit, train, and
23 upgrade minorities in all classifications within the
24 association.
25 (e) With such application there shall be delivered to
26 the Board a certified check or bank draft payable to the
27 order of the Board for an amount equal to $1,000. All
28 applications for the issuance of an organization license
29 shall be filed with the Board before August 1 of the year
30 prior to the year for which application for race dates is
31 made and shall be acted upon by the Board at a meeting to be
32 held on such date as shall be fixed by the Board during the
33 last 15 days of September of such prior year provided,
34 however, that for applications for 1996 racing dates,
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1 applications shall be filed prior to September 1, 1995. At
2 such meeting, the Board shall announce the award of the
3 racing meets, live racing schedule, and designation of host
4 track to the applicants and its approval or disapproval of
5 each application. to respective applicants racing dates for
6 the year or years but No announcement shall be considered
7 binding until a formal order is executed by the Board, which
8 shall be executed no later than October 15 of that prior
9 year. Absent the agreement of the affected organization
10 licensees, the Board shall not grant overlapping race
11 meetings to 2 or more tracks that are within 100 miles of
12 each other to conduct the thoroughbred racing.
13 (e-5) In reviewing an application for the purpose of
14 granting an organization license consistent with the best
15 interests of the public and the sport of horse racing, the
16 Board shall consider:
17 (1) the character, reputation, experience, and
18 financial integrity of the applicant and of any other
19 separate person that either:
20 (i) controls the applicant, directly or
21 indirectly, or
22 (ii) is controlled, directly or indirectly, by
23 that applicant or by a person who controls, directly
24 or indirectly, that applicant;
25 (2) the applicant's facilities or proposed
26 facilities for conducting horse racing;
27 (3) the total revenue without regard to Section
28 32.1 to be derived by the State and horsemen from the
29 applicant's conducting a race meeting;
30 (4) the applicant's good faith affirmative action
31 plan to recruit, train, and upgrade minorities in all
32 employment classifications;
33 (5) the applicant's financial ability to purchase
34 and maintain adequate liability and casualty insurance;
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1 (6) the applicant's proposed and prior year's
2 promotional and marketing activities and expenditures of
3 the applicant associated with those activities;
4 (7) an agreement, if any, among organization
5 licensees as provided in subsection (b) of Section 21 of
6 this Act; and
7 (8) the extent to which the applicant exceeds or
8 meets other standards for the issuance of an organization
9 license that the Board shall adopt by rule.
10 In granting organization licenses and allocating dates
11 for horse race meetings, the Board shall have discretion to
12 determine an overall schedule, including required simulcasts
13 of Illinois races by host tracks that will, in its judgment,
14 be conducive to the best interests of the public and the
15 sport of horse racing.
16 (e-10) The Illinois Administrative Procedure Act shall
17 apply to administrative procedures of the Board under this
18 Act for the granting of an organization license, except that
19 (1) notwithstanding the provisions of subsection (b) of
20 Section 10-40 of the Illinois Administrative Procedure Act
21 regarding cross-examination, the Board may prescribe rules
22 limiting the right of an applicant or participant in any
23 proceeding to award an organization license to conduct
24 cross-examination of witnesses at that proceeding where that
25 cross-examination would unduly obstruct the timely award of
26 an organization license under subsection (e) of Section 20 of
27 this Act; (2) the provisions of Section 10-45 of the Illinois
28 Administrative Procedure Act regarding proposals for decision
29 are excluded under this Act; (3) notwithstanding the
30 provisions of subsection (a) of Section 10-60 of the Illinois
31 Administrative Procedure Act regarding ex parte
32 communications, the Board may prescribe rules allowing ex
33 parte communications with applicants or participants in a
34 proceeding to award an organization license where conducting
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1 those communications would be in the best interest of racing,
2 provided all those communications are made part of the record
3 of that proceeding pursuant to subsection (c) of Section
4 10-60 of the Illinois Administrative Procedure Act; (4) the
5 provisions of Section 14a of this Act and the rules of the
6 Board promulgated under that Section shall apply instead of
7 the provisions of Article 10 of the Illinois Administrative
8 Procedure Act regarding administrative law judges; and (5)
9 the provisions of subsection (d) of Section 10-65 of the
10 Illinois Administrative Procedure Act that prevent summary
11 suspension of a license pending revocation or other action
12 shall not apply.
13 (f) The Board may allot racing dates to an organization
14 licensee for more than one calendar year but for no more than
15 3 successive calendar years in advance, provided that the
16 Board shall review such allotment for more than one calendar
17 year prior to each year for which such allotment has been
18 made. The granting of an organization license to a person
19 constitutes a privilege to conduct a horse race meeting under
20 the provisions of this Act, and no person granted an
21 organization license shall be deemed to have a vested
22 interest, property right, or future expectation to receive an
23 organization license in any subsequent year as a result of
24 the granting of an organization license. Organization
25 licenses shall be subject to revocation if the organization
26 licensee has violated any provision of this Act or the rules
27 and regulations promulgated under this Act or has been
28 convicted of a crime or has failed to disclose or has stated
29 falsely any information called for in the application for an
30 organization license. Any organization license revocation
31 proceeding shall be in accordance with Section 16 regarding
32 suspension and revocation of occupation licenses.
33 (f-5) If, (i) an applicant does not file an acceptance
34 of the racing dates awarded by the Board as required under
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1 part (1) of subsection (h) of this Section 20, or (ii) an
2 organization licensee has its license suspended or revoked
3 under this Act, the Board, upon conducting an emergency
4 hearing as provided for in this Act, may reaward on an
5 emergency basis pursuant to rules established by the Board,
6 racing dates not accepted or the racing dates associated with
7 any suspension or revocation period to one or more
8 organization licensees, new applicants, or any combination
9 thereof, upon terms and conditions that the Board determines
10 are in the best interest of racing, provided, the
11 organization licensees or new applicants receiving the
12 awarded racing dates file an acceptance of those reawarded
13 racing dates as required under paragraph (1) of subsection
14 (h) of this Section 20 and comply with the other provisions
15 of this Act. The Illinois Administrative Procedures Act
16 shall not apply to the administrative procedures of the Board
17 in conducting the emergency hearing and the reallocation of
18 racing dates on an emergency basis.
19 (g) (Blank).
20 (h) The Board shall send the applicant a copy of its
21 formally executed order by certified mail addressed to the
22 applicant at the address stated in his application, which
23 notice shall be mailed within 5 days of the date the formal
24 order is executed.
25 Each applicant notified shall, within 10 days after
26 receipt of the final executed order of the Board awarding
27 racing dates:
28 (1) file with the Board an acceptance of such award
29 in the form prescribed by the Board;
30 (2) pay to the Board an additional amount equal to
31 $110 for each racing date awarded; and
32 (3) file with the Board the bonds required in
33 Sections 21 and 25 at least 20 days prior to the first
34 day of each race meeting.
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1 Upon compliance with the provisions of paragraphs (1), (2),
2 and (3) of this subsection (h), the applicant shall be issued
3 an organization license.
4 If any applicant fails to comply with this Section or
5 fails to pay the organization license fees herein provided,
6 no organization license shall be issued to such applicant.
7 (Source: P.A. 88-495; 89-16, eff. 5-30-95; 89-626, eff.
8 8-9-96.)
9 (230 ILCS 5/20.1 new)
10 Sec. 20.1. Authority of licensees.
11 (a) Notwithstanding anything in this Act to the
12 contrary, an organization licensee shall have authority to:
13 (1) determine prices charged for goods and
14 services;
15 (2) determine prices charged for wagering products,
16 subject to Sections 26 and 26.2 of this Act;
17 (3) determine its hours of operation, subject to at
18 least 30 days prior notice to the Board if such hours are
19 different than provided such licensee's racing dates
20 application; and
21 (4) otherwise manage its business operations.
22 (b) The Board may disapprove of any business practices
23 by organization licensees identified in subsection (a) of
24 this Section if the Board finds that such practices are
25 detrimental to the public interest.
26 (230 ILCS 5/21) (from Ch. 8, par. 37-21)
27 Sec. 21. (a) Applications for organization licenses must
28 be filed with the Board at a time and place prescribed by the
29 rules and regulations of the Board. The Board shall examine
30 the applications within 21 days after the date allowed for
31 filing with respect to their conformity with this Act and
32 such rules and regulations as may be prescribed by the
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1 Board. If any application does not comply with this Act or
2 the rules and regulations prescribed by the Board, such
3 application may be rejected and an organization license
4 refused to the applicant, or the Board may, within 21 days of
5 the receipt of such application, advise the applicant of the
6 deficiencies of the application under the Act or the rules
7 and regulations of the Board, and require the submittal of an
8 amended application within a reasonable time determined by
9 the Board; and upon submittal of the amended application by
10 the applicant, the Board may consider the application
11 consistent with the process described in subsection (e-5) of
12 Section 20 of this Act. If it is found to be in compliance
13 with this Act and the rules and regulations of the Board, the
14 Board may then issue an organization license to such
15 applicant.
16 (b) The Board may exercise discretion in granting racing
17 dates to qualified applicants different from those requested
18 by the applicants in their applications. However, If all
19 eligible applicants for organization licenses whose tracks
20 are located within 100 miles of each other execute and submit
21 to the Board a written agreement among such applicants as to
22 the award of racing dates, including where applicable racing
23 programs, for up to 3 consecutive years, then subject to
24 annual review of each applicant's compliance with Board rules
25 and regulations, provisions of this Act and conditions
26 contained in annual dates orders issued by the Board, the
27 Board may grant such dates and programs to such applicants as
28 so agreed by them if the Board determines that the grant of
29 these racing dates is in the best interests of racing. The
30 Board shall treat any such agreement as the agreement
31 signatories' joint and several application for racing dates
32 during the term of the agreement.
33 (c) Where 2 or more applicants propose to conduct horse
34 race meetings within 35 miles of each other, as certified to
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1 the Board under Section 19 (a) (1) of this Act, on
2 conflicting dates, the Board may determine and grant the
3 number of racing days to be awarded to the several applicants
4 in accordance with the provisions of subsection (e-5) of
5 Section 20 of this Act.
6 (d) (Blank).
7 (e) Prior to the issuance of an organization license,
8 the applicant shall file with the Board a bond payable to the
9 State of Illinois in the sum of $200,000, executed by the
10 applicant and a surety company or companies authorized to do
11 business in this State, and conditioned upon the payment by
12 the organization licensee of all taxes due under Section 27,
13 other monies due and payable under this Act, all purses due
14 and payable, and that the organization licensee will upon
15 presentation of the winning ticket or tickets distribute all
16 sums due to the patrons of pari-mutuel pools.
17 (f) Each organization license shall specify the person
18 to whom it is issued, the dates upon which horse racing is
19 permitted, and the location, place, track, or enclosure where
20 the horse race meeting is to be held.
21 (g) Any person who owns one or more race tracks within
22 the State may seek, in its own name, a separate organization
23 license for each race track.
24 (h) All racing conducted under such organization license
25 is subject to this Act and to the rules and regulations from
26 time to time prescribed by the Board, and every such
27 organization license issued by the Board shall contain a
28 recital to that effect.
29 (i) Each such organization licensee may provide that at
30 least one race per day may be devoted to the racing of
31 quarter horses, appaloosas, arabians, or paints.
32 (j) In acting on applications for organization licenses,
33 the Board shall give weight to an organization license which
34 has implemented a good faith affirmative action effort to
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1 recruit, train and upgrade minorities in all classifications
2 within the organization license.
3 (Source: P.A. 89-16, eff. 5-30-95; 90-754, eff. 1-1-99.)
4 (230 ILCS 5/26) (from Ch. 8, par. 37-26)
5 Sec. 26. Wagering.
6 (a) Any licensee may conduct and supervise the
7 pari-mutuel system of wagering, as defined in Section 3.12 of
8 this Act, on horse races conducted by an Illinois
9 organization licensee or conducted at a racetrack located in
10 another state or country and televised in Illinois in
11 accordance with subsection (g) of Section 26 of this Act.
12 Subject to the prior consent of the Board, licensees may
13 supplement any pari-mutuel pool in order to guarantee a
14 minimum distribution. Such pari-mutuel method of wagering
15 shall not, under any circumstances if conducted under the
16 provisions of this Act, be held or construed to be unlawful,
17 other statutes of this State to the contrary notwithstanding.
18 Subject to rules for advance wagering promulgated by the
19 Board, any licensee may accept wagers up to 2 calendar days
20 in advance of the day of the race wagered upon occurs.
21 (b) No other method of betting, pool making, wagering or
22 gambling shall be used or permitted by the licensee. Each
23 licensee may retain, subject to the payment of all applicable
24 taxes and purses, an amount not to exceed 17% of all money
25 wagered under subsection (a) of this Section, except as may
26 otherwise be permitted under this Act.
27 (b-5) An individual may place a wager under the
28 pari-mutuel system from any licensed location authorized
29 under this Act provided that wager is electronically recorded
30 in the manner described in Section 3.12 of this Act. Any
31 wager made electronically by an individual while physically
32 on the premises of a licensee shall be deemed to have been
33 made at the premises of that licensee.
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1 (c) Until January 1, 2000, the sum held by any licensee
2 for payment of outstanding pari-mutuel tickets, if unclaimed
3 prior to December 31 of the next year, shall be retained by
4 the licensee for payment of such tickets until that date.
5 Within 10 days thereafter, the balance of such sum remaining
6 unclaimed, less any uncashed supplements contributed by such
7 licensee for the purpose of guaranteeing minimum
8 distributions of any pari-mutuel pool, shall be paid to the
9 Illinois Veterans' Rehabilitation Fund of the State treasury,
10 except as provided in subsection (g) of Section 27 of this
11 Act.
12 (c-5) Beginning January 1, 2000, the sum held by any
13 licensee for payment of outstanding pari-mutuel tickets, if
14 unclaimed prior to December 31 of the next year, shall be
15 retained by the licensee for payment of such tickets until
16 that date. Within 10 days thereafter, the balance of such
17 sum remaining unclaimed, less any uncashed supplements
18 contributed by such licensee for the purpose of guaranteeing
19 minimum distributions of any pari-mutuel pool, shall be
20 evenly distributed to the purse account of the organization
21 licensee and the organization licensee.
22 (d) A pari-mutuel ticket shall be honored until December
23 31 of the next calendar year, and the licensee shall pay the
24 same and may charge the amount thereof against unpaid money
25 similarly accumulated on account of pari-mutuel tickets not
26 presented for payment.
27 (e) No licensee shall knowingly permit any minor, other
28 than an employee of such licensee or an owner, trainer,
29 jockey, driver, or employee thereof, to be admitted during a
30 racing program unless accompanied by a parent or guardian, or
31 any minor to be a patron of the pari-mutuel system of
32 wagering conducted or supervised by it. The admission of any
33 unaccompanied minor, other than an employee of the licensee
34 or an owner, trainer, jockey, driver, or employee thereof at
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1 a race track is a Class C misdemeanor.
2 (f) Notwithstanding the other provisions of this Act, an
3 organization licensee may, contract with an entity in another
4 state or country to permit any legal wagering entity in
5 another state or country to accept wagers solely within such
6 other state or country on races conducted by the organization
7 licensee in this State. Beginning January 1, 2000, these
8 wagers shall not be subject to State taxation. Until January
9 1, 2000, when the out-of-State entity conducts a pari-mutuel
10 pool separate from the organization licensee, a privilege tax
11 equal to 7 1/2% of all monies received by the organization
12 licensee from entities in other states or countries pursuant
13 to such contracts is imposed on the organization licensee,
14 and such privilege tax shall be remitted to the Department of
15 Revenue within 48 hours of receipt of the moneys from the
16 simulcast. When the out-of-State entity conducts a combined
17 pari-mutuel pool with the organization licensee, the tax
18 shall be 10% of all monies received by the organization
19 licensee with 25% of the receipts from this 10% tax to be
20 distributed to the county in which the race was conducted.
21 An organization licensee may permit one or more of its
22 races to be utilized for pari-mutuel wagering at one or more
23 locations in other states and may transmit audio and visual
24 signals of races the organization licensee conducts to one or
25 more locations outside the State or country and may also
26 permit pari-mutuel pools in other states or countries to be
27 combined with its gross or net wagering pools or with
28 wagering pools established by other states.
29 (g) A host track may accept interstate simulcast wagers
30 on horse races conducted in other states or countries and
31 shall control the number of signals and types of breeds of
32 racing in its simulcast program, subject to the disapproval
33 of the Board. The Board may prohibit a simulcast program
34 only if it finds that the simulcast program is clearly
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1 adverse to the integrity of racing. The host track simulcast
2 program shall include the signal of live racing of all
3 organization licensees. All non-host licensees shall carry
4 the host track simulcast program and accept wagers on all
5 races included as part of the simulcast program upon which
6 wagering is permitted. The costs and expenses of the host
7 track and non-host licensees associated with interstate
8 simulcast wagering, other than the interstate commission fee,
9 shall be borne by the host track and all non-host licensees
10 incurring these costs. The interstate commission fee shall
11 not exceed 5% of Illinois handle on the interstate simulcast
12 race or races without prior approval of the Board. The Board
13 shall promulgate rules under which it may permit interstate
14 commission fees in excess of 5%. The interstate commission
15 fee and other fees charged by the sending racetrack,
16 including, but not limited to, satellite decoder fees, shall
17 be uniformly applied to the host track and all non-host
18 licensees.
19 (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
20 intertrack wagering licensee other than the host track
21 may supplement the host track simulcast program with
22 additional simulcast races or race programs, provided
23 that between January 1 and the third Friday in February
24 of any year, inclusive, if no live thoroughbred racing is
25 occurring in Illinois during this period, only
26 thoroughbred races may be used for supplemental
27 interstate simulcast purposes. The Board shall withhold
28 approval for a supplemental interstate simulcast only if
29 it finds that the simulcast is clearly adverse to the
30 integrity of racing. A supplemental interstate simulcast
31 may be transmitted from an intertrack wagering licensee
32 to its affiliated non-host licensees. The interstate
33 commission fee for a supplemental interstate simulcast
34 shall be paid by the non-host licensee and its affiliated
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1 non-host licensees receiving the simulcast.
2 (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
3 intertrack wagering licensee other than the host track
4 may receive supplemental interstate simulcasts only with
5 the consent of the host track, except when the Board
6 finds that the simulcast is clearly adverse to the
7 integrity of racing. Consent granted under this
8 paragraph (2) to any intertrack wagering licensee shall
9 be deemed consent to all non-host licensees. The
10 interstate commission fee for the supplemental interstate
11 simulcast shall be paid by all participating non-host
12 licensees.
13 (3) Each licensee conducting interstate simulcast
14 wagering may retain, subject to the payment of all
15 applicable taxes and the purses, an amount not to exceed
16 17% of all money wagered. If any licensee conducts the
17 pari-mutuel system wagering on races conducted at
18 racetracks in another state or country, each such race or
19 race program shall be considered a separate racing day
20 for the purpose of determining the daily handle and
21 computing the privilege tax of that daily handle as
22 provided in subsection (a) of Section 27. Until January
23 1, 2000, from the sums permitted to be retained pursuant
24 to this subsection, each intertrack wagering location
25 licensee shall pay 1% of the pari-mutuel handle wagered
26 on simulcast wagering to the Horse Racing Tax Allocation
27 Fund, subject to the provisions of subparagraph (B) of
28 paragraph (11) of subsection (h) of Section 26 of this
29 Act.
30 (4) A licensee who receives an interstate simulcast
31 may combine its gross or net pools with pools at the
32 sending racetracks pursuant to rules established by the
33 Board. All licensees combining their gross or net pools
34 with pools at a sending racetrack shall adopt the
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1 take-out percentages of the sending racetrack. A licensee
2 may also establish a separate pool and takeout structure
3 for wagering purposes on races conducted at race tracks
4 outside of the State of Illinois. The licensee may
5 permit pari-mutuel wagers placed in other states or
6 countries to be combined with its gross or net wagering
7 pools or other wagering pools.
8 (5) After the payment of the interstate commission
9 fee (except for the interstate commission fee on a
10 supplemental interstate simulcast, which shall be paid by
11 the host track and by each non-host licensee through the
12 host-track) and all applicable State and local taxes,
13 except as provided in subsection (g) of Section 27 of
14 this Act, the remainder of moneys retained from simulcast
15 wagering pursuant to this subsection (g), and Section
16 26.2 shall be divided as follows:
17 (A) For interstate simulcast wagers made at a
18 host track, 50% to the host track and 50% to purses
19 at the host track.
20 (B) For wagers placed on interstate simulcast
21 races, supplemental simulcasts as defined in
22 subparagraphs (1) and (2), and separately pooled
23 races conducted outside of the State of Illinois
24 wagers made at a non-host licensee other than as
25 provided in subparagraph (C) of paragraph (5) of
26 this subsection (g) and paragraph (11) of this
27 subsection (g), 25% to the host track, 25% to the
28 non-host licensee, and 50% to the purses at the host
29 track.
30 (C) For interstate simulcast wagers made on a
31 supplemental interstate simulcast, 25% to the host
32 track, 25% to the non-host licensee from which the
33 interstate commission fee shall be paid, and 50% to
34 the purses at the host track.
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1 (D) For interstate simulcast wagers on a
2 standardbred race or races made at a host track
3 between the hours of 6:30 a.m. and 6:30 p.m. between
4 January 1 and the third Friday in February,
5 inclusive, if no live thoroughbred racing is
6 occurring in Illinois during this period, 50% to the
7 host track and 50% to standardbred purses at the
8 host track.
9 (E) For interstate simulcast wagers on a
10 standardbred race or races made at a non-host
11 licensee between the hours of 6:30 a.m. and 6:30
12 p.m. between January 1 and the third Friday in
13 February, inclusive, if no live thoroughbred racing
14 is occurring in Illinois during this period, 25% to
15 the host track, 25% to the non-host licensee, and
16 50% to standardbred purses at the host track.
17 (F) For interstate simulcast wagers on a
18 thoroughbred race or races at a host track between
19 the hours of 6:30 a.m. and 6:30 p.m. between January
20 1 and the third Friday in February, inclusive, if no
21 live thoroughbred racing is occurring in Illinois
22 during this period, 50% to the host track and 50% to
23 the host track's interstate simulcast purse pool to
24 be distributed under paragraph (9) of this
25 subsection (g).
26 (G) For interstate simulcast wagers on a
27 thoroughbred race or races at a non-host licensee
28 between the hours of 6:30 a.m. and 6:30 p.m. between
29 January 1 and the third Friday in February,
30 inclusive, if no live thoroughbred racing is
31 occurring in Illinois during this period, 25% to the
32 host track, 25% to the non-host licensee, and 50% to
33 the host track's interstate simulcast purse pool to
34 be distributed under paragraph (9) of this
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1 subsection (g).
2 (H) For supplemental interstate simulcast
3 wagers on a thoroughbred race or races at a non-host
4 licensee between the hours of 6:30 a.m. and 6:30
5 p.m. between January 1 and the third Friday in
6 February, inclusive, if no live thoroughbred racing
7 is occurring in Illinois during this period, 50% to
8 the non-host licensee and 50% to thoroughbred purses
9 at the track from which the non-host licensee
10 derives its license.
11 (I) For interstate simulcast wagers at a host
12 track and non-host licensees between the hours of
13 6:30 p.m. and 6:30 a.m. between January 1 and the
14 third Friday in February, inclusive, if no live
15 thoroughbred racing is occurring in Illinois during
16 this period, as set forth in subparagraphs (A), (B),
17 and (C) of this paragraph (5) and paragraph (8.1) of
18 subsection (g).
19 (J) For interstate simulcast wagers at a host
20 track and non-host licensees on thoroughbred and
21 standardbred races between January 1 and the third
22 Friday in February, inclusive, if thoroughbred
23 horses are racing in Illinois during this period, as
24 set forth in subparagraphs (A), (B), and (C) of this
25 paragraph (5).
26 (6) Notwithstanding any provision in this Act to
27 the contrary, non-host licensees who derive their
28 licenses from a track located in a county with a
29 population in excess of 230,000 and that borders the
30 Mississippi River may receive supplemental interstate
31 simulcast races at all times subject to Board approval,
32 which shall be withheld only upon a finding that a
33 supplemental interstate simulcast is clearly adverse to
34 the integrity of racing.
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1 (7) Notwithstanding any provision of this Act to
2 the contrary, after payment of all applicable State and
3 local taxes and interstate commission fees, non-host
4 licensees who derive their licenses from a track located
5 in a county with a population in excess of 230,000 and
6 that borders the Mississippi River shall retain 50% of
7 the retention from interstate simulcast wagers and shall
8 pay 50% to purses at the track from which the non-host
9 licensee derives its license as follows:
10 (A) Between January 1 and the third Friday in
11 February, inclusive, if no live thoroughbred racing
12 is occurring in Illinois during this period, when
13 the interstate simulcast is a standardbred race, the
14 purse share to its standardbred purse account;
15 (B) Between January 1 and the third Friday in
16 February, inclusive, if no live thoroughbred racing
17 is occurring in Illinois during this period, and the
18 interstate simulcast is a thoroughbred race, the
19 purse share to its interstate simulcast purse pool
20 to be distributed under paragraph (10) of this
21 subsection (g);
22 (C) Between January 1 and the third Friday in
23 February, inclusive, if live thoroughbred racing is
24 occurring in Illinois, between 6:30 a.m. and 6:30
25 p.m. the purse share from wagers made during this
26 time period to its thoroughbred purse account and
27 between 6:30 p.m. and 6:30 a.m. the purse share from
28 wagers made during this time period to its
29 standardbred purse accounts;
30 (D) Between the third Saturday in February and
31 December 31, when the interstate simulcast occurs
32 between the hours of 6:30 a.m. and 6:30 p.m., the
33 purse share to its thoroughbred purse account;
34 (E) Between the third Saturday in February and
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1 December 31, when the interstate simulcast occurs
2 between the hours of 6:30 p.m. and 6:30 a.m., the
3 purse share to its standardbred purse account.
4 (8) Notwithstanding any provision in this Act to
5 the contrary, an organization licensee from a track
6 located in a county with a population in excess of
7 230,000 and that borders the Mississippi River and its
8 affiliated non-host licensees shall not be entitled to
9 share in any retention generated on racing, inter-track
10 wagering, or simulcast wagering at any other Illinois
11 wagering facility track.
12 (8.1) Notwithstanding any provisions in this Act to
13 the contrary, if 2 organization licensees are conducting
14 standardbred race meetings concurrently between the hours
15 of 6:30 p.m. and 6:30 a.m., after payment of all
16 applicable State and local taxes and interstate
17 commission fees, the remainder of the amount retained
18 from simulcast wagering otherwise attributable to the
19 host track and to host track purses shall be split daily
20 between the 2 organization licensees and the purses at
21 the tracks of the 2 organization licensees, respectively,
22 based on each organization licensee's share of the total
23 live handle for that day, provided that this provision
24 shall not apply to any non-host licensee that derives its
25 license from a track located in a county with a
26 population in excess of 230,000 and that borders the
27 Mississippi River.
28 (9) (Blank). The amount paid to an interstate
29 simulcast purse pool under subparagraphs (F) and (G) of
30 paragraph (5) of this subsection (g) shall be distributed
31 as follows:
32 (A) First to supplement the standardbred purse
33 account of the host track such that purses earned
34 for a single standardbred race program between the
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1 hours of 6:30 a.m. and 6:30 p.m. of the host track
2 between January 1 and the third Friday in February,
3 if no live thoroughbred racing is occurring in
4 Illinois during this period, equals $75,000. For
5 any race program during this period where the number
6 of live races is less than 9, the guarantee of
7 purses for that program shall be reduced by $8,333
8 for each race fewer than 9;
9 (B) Any amount remaining in the simulcast
10 purse pool after the payments required in
11 subparagraph (A) of this paragraph (9) shall be
12 distributed 50% to the standardbred purse account at
13 the host track and 50% to thoroughbred purse
14 accounts, excluding purse accounts at tracks located
15 in a county with a population in excess of 230,000
16 and that borders the Mississippi River. The
17 thoroughbred purse share shall be distributed to
18 thoroughbred tracks on a pro rata basis based on
19 each track's 1994 Illinois on-track handle on live
20 thoroughbred races relative to total 1994 Illinois
21 on-track handle on live thoroughbred races,
22 excluding handle on live thoroughbred races at a
23 track located in a county with a population in
24 excess of 230,000 and that borders the Mississippi
25 River;
26 (10) (Blank). The amount paid to the interstate
27 simulcast purse pool under subparagraph (B) of paragraph
28 (7) of this subsection (g) shall be distributed as
29 follows:
30 (A) First, to supplement the standardbred
31 purse account such that the purses earned for each
32 standardbred race program between January 1 and the
33 third Friday in February, if no live thoroughbred
34 racing is occurring in Illinois during this period,
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1 equals $24,000. For any program during this period
2 where the number of live races is less than 9, the
3 $24,000 purse guarantee shall be reduced by $2,666
4 per race.
5 (B) Any amount remaining in the simulcast
6 purse pool after the payment required in
7 subparagraph (A) of this paragraph (10) shall be
8 distributed 50% to standardbred purses and 50% to
9 thoroughbred purses at the race track specified in
10 paragraph (7) of this subsection (g).
11 (11) (Blank). Notwithstanding any provision in this
12 Act to the contrary, subsequent to the effective date of
13 this amendatory Act of 1995 and prior to December 31,
14 1995, a non-host licensee that conducts live standardbred
15 racing between the hours of 6:30 a.m. and 6:30 p.m. on
16 Tuesdays at a track located in a county with a population
17 of less than 1,000,000 and that is contiguous to the
18 State of Indiana may retain for its own account and its
19 purse account for standardbred racing between the hours
20 of 6:30 a.m. and 6:30 p.m. on Tuesdays:
21 (A) All commissions and all purse monies
22 generated at the non-host licensee's race track from
23 simulcast wagering during its live program between
24 6:30 a.m. and 6:30 p.m. on each Tuesday, which would
25 otherwise be allocated to the host track and purses
26 at the host track and purses as provided in
27 subparagraph (B) of paragraph (5) of this subsection
28 (g); and
29 (B) To the extent the amounts described in
30 subparagraph (A) of paragraph (11) of this
31 subsection (g) are insufficient to equal the average
32 amount of commissions and the average amount of
33 purses earned on standardbred racing at the non-host
34 licensee's track between 6:30 a.m. and 6:30 p.m. on
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1 Tuesdays during the 1994 calendar year as determined
2 by the Board, during the days the non-host
3 licensee's track conducts standardbred racing
4 between 6:30 a.m. and 6:30 p.m. on each Tuesday from
5 July 1, 1995, to December 31, 1995, all inter-track
6 wagering location licensees, except inter-track
7 wagering location licensees affiliated with a track
8 location in a county with a population of 230,000
9 and that borders the Mississippi River shall
10 allocate from amounts retained from simulcast
11 wagering between 6:30 a.m. and 6:30 p.m. on each
12 Tuesday from July 1, 1995, to December 31, 1995
13 which would otherwise be allocated to the host track
14 and purses at the host track, as provided in
15 subparagraph (B) of paragraph (5) of this subsection
16 (g), to the non-host track and purses at the
17 non-host licensee, on a pro rata basis, based on
18 each inter-track wagering location licensee's share
19 of the total handle on simulcast wagering at the
20 facilities of all inter-track wagering location
21 licensees, excluding those intertrack wagering
22 location licensees affiliated with a track located
23 in a county with a population of 230,000 and that
24 borders the Mississippi River for that Tuesday, so
25 that the non-host licensee's commissions and purses
26 earned for standardbred racing between 6:30 a.m. and
27 6:30 p.m. on the given Tuesday in 1995 equals the
28 average amount of commissions and purses earned on
29 standardbred racing at the non-host licensee's track
30 between 6:30 a.m. and 6:30 p.m. on Tuesdays during
31 the 1994 calendar year as determined by the Board.
32 Within 72 hours after the non-host licensee holds
33 standardbred races between 6:30 a.m. and 6:30 p.m.
34 in calendar year 1995 on a Tuesday and after
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1 enactment of this amendatory Act of 1995, the Board
2 shall notify each inter-track wagering location
3 licensee of the amount from its simulcast wagering
4 between 6:30 a.m. and 6:30 p.m. on each Tuesday in
5 1995 to be allocated to the non-host licensee and
6 purses for standardbred racing at the non-host
7 licensee for that Tuesday.
8 (12) The Board shall have authority to compel all
9 host tracks to receive the simulcast of any or all races
10 conducted at the Springfield or DuQuoin State fairgrounds
11 and include all such races as part of their simulcast
12 programs.
13 (13) Notwithstanding any other provision of this
14 Act, in the event that the total Illinois pari-mutuel
15 handle on Illinois horse races at all wagering facilities
16 in any calendar year is less than 75% of the total
17 Illinois pari-mutuel handle on Illinois horse races at
18 all such wagering facilities for calendar year 1994, then
19 each wagering facility that has an annual total Illinois
20 pari-mutuel handle on Illinois horse races that is less
21 than 75% of the total Illinois pari-mutuel handle on
22 Illinois horse races at such wagering facility for
23 calendar year 1994, shall be permitted to receive, from
24 any amount otherwise payable to the purse account at the
25 race track with which the wagering facility is affiliated
26 in the succeeding calendar year, an amount equal to 2% of
27 the differential in total Illinois pari-mutuel handle on
28 Illinois horse races at the wagering facility between
29 that calendar year in question and 1994 provided,
30 however, that a wagering facility shall not be entitled
31 to any such payment until the Board certifies in writing
32 to the wagering facility the amount to which the wagering
33 facility is entitled and a schedule for payment of the
34 amount to the wagering facility, based on: (i) the racing
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1 dates awarded to the race track affiliated with the
2 wagering facility during the succeeding year; (ii) the
3 sums available or anticipated to be available in the
4 purse account of the race track affiliated with the
5 wagering facility for purses during the succeeding year;
6 and (iii) the need to ensure reasonable purse levels
7 during the payment period. The Board's certification
8 shall be provided no later than January 31 of the
9 succeeding year. In the event a wagering facility
10 entitled to a payment under this paragraph (13) is
11 affiliated with a race track that maintains purse
12 accounts for both standardbred and thoroughbred racing,
13 the amount to be paid to the wagering facility shall be
14 divided between each purse account pro rata, based on the
15 amount of Illinois handle on Illinois standardbred and
16 thoroughbred racing respectively at the wagering facility
17 during the previous calendar year. Annually, the General
18 Assembly shall appropriate sufficient funds from the
19 General Revenue Fund to the Department of Agriculture for
20 payment into the thoroughbred and standardbred horse
21 racing purse accounts at Illinois pari-mutuel tracks.
22 The amount paid to each purse account shall be the amount
23 certified by the Illinois Racing Board in January to be
24 transferred from each account to each eligible racing
25 facility in accordance with the provisions of this
26 Section.
27 (h) The Board may approve and license the conduct of
28 inter-track wagering and simulcast wagering by inter-track
29 wagering licensees and inter-track wagering location
30 licensees subject to the following terms and conditions:
31 (1) Any person licensed to conduct a race meeting
32 at a track where 60 or more days of racing were conducted
33 during the immediately preceding calendar year or where
34 over the 5 immediately preceding calendar years an
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1 average of 30 or more days of racing were conducted
2 annually or at a track located in a county that is
3 bounded by the Mississippi River, which has a population
4 of less than 150,000 according to the 1990 decennial
5 census, and an average of at least 60 days of racing per
6 year between 1985 and 1993 may be issued an inter-track
7 wagering license. Any such person having operating
8 control of the racing facility may also receive up to 6
9 inter-track wagering location licenses. In no event shall
10 more than 6 inter-track wagering locations be established
11 for each eligible race track, except that an eligible
12 race track located in a county that has a population of
13 more than 230,000 and that is bounded by the Mississippi
14 River may establish up to 7 inter-track wagering
15 locations. An application for said license shall be filed
16 with the Board prior to such dates as may be fixed by the
17 Board. With an application for an inter-track wagering
18 location license there shall be delivered to the Board a
19 certified check or bank draft payable to the order of the
20 Board for an amount equal to $500. The application shall
21 be on forms prescribed and furnished by the Board. The
22 application shall comply with all other rules,
23 regulations and conditions imposed by the Board in
24 connection therewith.
25 (2) The Board shall examine the applications with
26 respect to their conformity with this Act and the rules
27 and regulations imposed by the Board. If found to be in
28 compliance with the Act and rules and regulations of the
29 Board, the Board may then issue a license to conduct
30 inter-track wagering and simulcast wagering to such
31 applicant. All such applications shall be acted upon by
32 the Board at a meeting to be held on such date as may be
33 fixed by the Board.
34 (3) In granting licenses to conduct inter-track
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1 wagering and simulcast wagering, the Board shall give due
2 consideration to the best interests of the public, of
3 horse racing, and of maximizing revenue to the State.
4 (4) Prior to the issuance of a license to conduct
5 inter-track wagering and simulcast wagering, the
6 applicant shall file with the Board a bond payable to the
7 State of Illinois in the sum of $50,000, executed by the
8 applicant and a surety company or companies authorized to
9 do business in this State, and conditioned upon (i) the
10 payment by the licensee of all taxes due under Section 27
11 or 27.1 and any other monies due and payable under this
12 Act, and (ii) distribution by the licensee, upon
13 presentation of the winning ticket or tickets, of all
14 sums payable to the patrons of pari-mutuel pools.
15 (5) Each license to conduct inter-track wagering
16 and simulcast wagering shall specify the person to whom
17 it is issued, the dates on which such wagering is
18 permitted, and the track or location where the wagering
19 is to be conducted.
20 (6) All wagering under such license is subject to
21 this Act and to the rules and regulations from time to
22 time prescribed by the Board, and every such license
23 issued by the Board shall contain a recital to that
24 effect.
25 (7) An inter-track wagering licensee or inter-track
26 wagering location licensee may accept wagers at the track
27 or location where it is licensed, or as otherwise
28 provided under this Act.
29 (8) Inter-track wagering or simulcast wagering
30 shall not be conducted at any track less than 5 miles
31 from a track at which a racing meeting is in progress.
32 (8.1) Inter-track wagering location licensees who
33 derive their licenses from a particular organization
34 licensee shall conduct inter-track wagering and simulcast
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1 wagering only at locations which are either within 90
2 miles of that race track where the particular
3 organization licensee is licensed to conduct racing, or
4 within 135 miles of that race track where the particular
5 organization licensee is licensed to conduct racing in
6 the case of race tracks in counties of less than 400,000
7 that were operating on or before June 1, 1986. However,
8 inter-track wagering and simulcast wagering shall not be
9 conducted by those licensees at any location within 5
10 miles of any race track at which a horse race meeting has
11 been licensed in the current year, unless the person
12 having operating control of such race track has given its
13 written consent to such inter-track wagering location
14 licensees, which consent must be filed with the Board at
15 or prior to the time application is made.
16 (8.2) Inter-track wagering or simulcast wagering
17 shall not be conducted by an inter-track wagering
18 location licensee at any location within 500 feet of an
19 existing church or existing school, nor within 500 feet
20 of the residences of more than 50 registered voters
21 without receiving written permission from a majority of
22 the registered voters at such residences. Such written
23 permission statements shall be filed with the Board. The
24 distance of 500 feet shall be measured to the nearest
25 part of any building used for worship services, education
26 programs, residential purposes, or conducting inter-track
27 wagering by an inter-track wagering location licensee,
28 and not to property boundaries. However, inter-track
29 wagering or simulcast wagering may be conducted at a site
30 within 500 feet of a church, school or residences of 50
31 or more registered voters if such church, school or
32 residences have been erected or established, or such
33 voters have been registered, after the Board issues the
34 original inter-track wagering location license at the
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1 site in question. Inter-track wagering location licensees
2 may conduct inter-track wagering and simulcast wagering
3 only in areas that are zoned for commercial or
4 manufacturing purposes or in areas for which a special
5 use has been approved by the local zoning authority.
6 However, no license to conduct inter-track wagering and
7 simulcast wagering shall be granted by the Board with
8 respect to any inter-track wagering location within the
9 jurisdiction of any local zoning authority which has, by
10 ordinance or by resolution, prohibited the establishment
11 of an inter-track wagering location within its
12 jurisdiction. However, inter-track wagering and
13 simulcast wagering may be conducted at a site if such
14 ordinance or resolution is enacted after the Board
15 licenses the original inter-track wagering location
16 licensee for the site in question.
17 (9) (Blank).
18 (10) An inter-track wagering licensee or an
19 inter-track wagering location licensee may retain,
20 subject to the payment of the privilege taxes and the
21 purses, an amount not to exceed 17% of all money wagered.
22 Each program of racing conducted by each inter-track
23 wagering licensee or inter-track wagering location
24 licensee shall be considered a separate racing day for
25 the purpose of determining the daily handle and computing
26 the privilege tax or pari-mutuel tax on such daily handle
27 as provided in Section 27 27.1.
28 (10.1) Except as provided in subsection (g) of
29 Section 27 of this Act, inter-track wagering location
30 licensees shall pay 1% of the pari-mutuel handle at each
31 location to the municipality in which such location is
32 situated and 1% of the pari-mutuel handle at each
33 location to the county in which such location is
34 situated. In the event that an inter-track wagering
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1 location licensee is situated in an unincorporated area
2 of a county, such licensee shall pay 2% of the
3 pari-mutuel handle from such location to such county.
4 (10.2) Notwithstanding any other provision of this
5 Act, with respect to intertrack wagering at a race track
6 located in a county that has a population of more than
7 230,000 and that is bounded by the Mississippi River
8 ("the first race track"), or at a facility operated by an
9 inter-track wagering licensee or inter-track wagering
10 location licensee that derives its license from the
11 organization licensee that operates the first race track,
12 on races conducted at the first race track or on races
13 conducted at another Illinois race track and
14 simultaneously televised to the first race track or to a
15 facility operated by an inter-track wagering licensee or
16 inter-track wagering location licensee that derives its
17 license from the organization licensee that operates the
18 first race track, those moneys shall be allocated as
19 follows:
20 (A) That portion of all moneys wagered on
21 standardbred racing that is required under this Act
22 to be paid to purses shall be paid to purses for
23 standardbred races.
24 (B) That portion of all moneys wagered on
25 thoroughbred racing that is required under this Act
26 to be paid to purses shall be paid to purses for
27 thoroughbred races.
28 (11) (A) After payment of the privilege or
29 pari-mutuel tax, any other applicable taxes, and the
30 costs and expenses in connection with the gathering,
31 transmission, and dissemination of all data necessary to
32 the conduct of inter-track wagering, the remainder of the
33 monies retained under either Section 26 or Section 26.2
34 of this Act by the inter-track wagering licensee on
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1 inter-track wagering shall be allocated with 50% to be
2 split between the 2 participating licensees and 50% to
3 purses, except that an intertrack wagering licensee that
4 derives its license from a track located in a county with
5 a population in excess of 230,000 and that borders the
6 Mississippi River shall not divide any remaining
7 retention with the Illinois organization licensee that
8 provides the race or races, and an intertrack wagering
9 licensee that accepts wagers on races conducted by an
10 organization licensee that conducts a race meet in a
11 county with a population in excess of 230,000 and that
12 borders the Mississippi River shall not divide any
13 remaining retention with that organization licensee.
14 (B) From the sums permitted to be retained pursuant
15 to this Act each inter-track wagering location licensee
16 shall pay (i) the privilege or pari-mutuel tax to the
17 State; (ii) 4.75% 4% of the pari-mutuel handle on
18 intertrack wagering at such location on races as purses,
19 except that an intertrack wagering location licensee that
20 derives its license from a track located in a county with
21 a population in excess of 230,000 and that borders the
22 Mississippi River shall retain all purse moneys for its
23 own purse account consistent with distribution set forth
24 in this subsection (h), and intertrack wagering location
25 licensees that accept wagers on races conducted by an
26 organization licensee located in a county with a
27 population in excess of 230,000 and that borders the
28 Mississippi River shall distribute all purse moneys to
29 purses at the operating host track; (iii) until January
30 1, 2000, except as provided in subsection (g) of Section
31 27 of this Act, 1% of the pari-mutuel handle wagered on
32 inter-track wagering and simulcast wagering at each
33 inter-track wagering location licensee facility to the
34 Horse Racing Tax Allocation Fund, provided that, to the
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1 extent the total amount collected and distributed to the
2 Horse Racing Tax Allocation Fund under this subsection
3 (h) during any calendar year exceeds the amount collected
4 and distributed to the Horse Racing Tax Allocation Fund
5 during calendar year 1994, that excess amount shall be
6 redistributed (I) to all inter-track wagering location
7 licensees, based on each licensee's pro-rata share of the
8 total handle from inter-track wagering and simulcast
9 wagering for all inter-track wagering location licensees
10 during the calendar year in which this provision is
11 applicable; then (II) the amounts redistributed to each
12 inter-track wagering location licensee as described in
13 subpart (I) shall be further redistributed as provided in
14 subparagraph (B) of paragraph (5) of subsection (g) of
15 this Section 26 provided first, that the shares of those
16 amounts, which are to be redistributed to the host track
17 or to purses at the host track under subparagraph (B) of
18 paragraph (5) of subsection (g) of this Section 26 shall
19 be redistributed based on each host track's pro rata
20 share of the total inter-track wagering and simulcast
21 wagering handle at all host tracks during the calendar
22 year in question, and second, that any amounts
23 redistributed as described in part (I) to an inter-track
24 wagering location licensee that accepts wagers on races
25 conducted by an organization licensee that conducts a
26 race meet in a county with a population in excess of
27 230,000 and that borders the Mississippi River shall be
28 further redistributed as provided in subparagraphs (D)
29 and (E) of paragraph (7) of subsection (g) of this
30 Section 26, with the portion of that further
31 redistribution allocated to purses at that organization
32 licensee to be divided between standardbred purses and
33 thoroughbred purses based on the amounts otherwise
34 allocated to purses at that organization licensee during
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1 the calendar year in question; and (iv) 8% of the
2 pari-mutuel handle on inter-track wagering wagered at
3 such location to satisfy all costs and expenses of
4 conducting its wagering. The remainder of the monies
5 retained by the inter-track wagering location licensee
6 shall be allocated 40% to the location licensee and 60%
7 to the organization licensee which provides the Illinois
8 races to the location, except that an intertrack wagering
9 location licensee that derives its license from a track
10 located in a county with a population in excess of
11 230,000 and that borders the Mississippi River shall not
12 divide any remaining retention with the organization
13 licensee that provides the race or races and an
14 intertrack wagering location licensee that accepts wagers
15 on races conducted by an organization licensee that
16 conducts a race meet in a county with a population in
17 excess of 230,000 and that borders the Mississippi River
18 shall not divide any remaining retention with the
19 organization licensee. Notwithstanding the provisions of
20 clauses (ii) and (iv) of this paragraph, in the case of
21 the additional inter-track wagering location licenses
22 authorized under paragraph (1) of this subsection (h) by
23 this amendatory Act of 1991, those licensees shall pay
24 the following amounts as purses: during the first 12
25 months the licensee is in operation, 5.25% 4.5% of the
26 pari-mutuel handle wagered at the location on races;
27 during the second 12 months, 5.25% 4.5%; during the third
28 12 months, 5.75% 5%; during the fourth 12 months, 6.25%
29 5.5%; and during the fifth 12 months and thereafter,
30 6.75% 6%. The following amounts shall be retained by the
31 licensee to satisfy all costs and expenses of conducting
32 its wagering: during the first 12 months the licensee is
33 in operation, 8.25% 7.5% of the pari-mutuel handle
34 wagered at the location; during the second 12 months,
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1 8.25% 7.5%; during the third 12 months, 7.75% 7%; during
2 the fourth 12 months, 7.25% 6.5%; and during the fifth 12
3 months and thereafter, 6.75% 6%. For additional
4 intertrack wagering location licensees authorized under
5 this amendatory Act of 1995, purses for the first 12
6 months the licensee is in operation shall be 5.75% 5% of
7 the pari-mutuel wagered at the location, purses for the
8 second 12 months the licensee is in operation shall be
9 6.25% 5 1/2%, and purses thereafter shall be 6.75% 6%.
10 For additional intertrack location licensees authorized
11 under this amendatory Act of 1995, the licensee shall be
12 allowed to retain to satisfy all costs and expenses:
13 7.75% 7% of the pari-mutuel handle wagered at the
14 location during its first 12 months of operation, 7.25%
15 6.5% during its second 12 months of operation, and 6.75%
16 6% thereafter.
17 (C) There is hereby created the Horse Racing Tax
18 Allocation Fund which shall remain in existence until
19 December 31, 1999. Moneys remaining in the Fund after
20 December 31, 1999 shall be paid into the General Revenue
21 Fund. Until January 1, 2000, all monies paid into the
22 Horse Racing Tax Allocation Fund pursuant to this
23 paragraph (11) by inter-track wagering location licensees
24 located in park districts of 500,000 population or less,
25 or in a municipality that is not included within any park
26 district but is included within a conservation district
27 and is the county seat of a county that (i) is contiguous
28 to the state of Indiana and (ii) has a 1990 population of
29 88,257 according to the United States Bureau of the
30 Census, and operating on May 1, 1994 shall be allocated
31 by appropriation as follows:
32 Two-sevenths to the Department of Agriculture.
33 Fifty percent of this two-sevenths shall be used to
34 promote the Illinois horse racing and breeding
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1 industry, and shall be distributed by the Department
2 of Agriculture upon the advice of a 9-member
3 committee appointed by the Governor consisting of
4 the following members: the Director of Agriculture,
5 who shall serve as chairman; 2 representatives of
6 organization licensees conducting thoroughbred race
7 meetings in this State, recommended by those
8 licensees; 2 representatives of organization
9 licensees conducting standardbred race meetings in
10 this State, recommended by those licensees; a
11 representative of the Illinois Thoroughbred Breeders
12 and Owners Foundation, recommended by that
13 Foundation; a representative of the Illinois
14 Standardbred Owners and Breeders Association,
15 recommended by that Association; a representative of
16 the Horsemen's Benevolent and Protective Association
17 or any successor organization thereto established in
18 Illinois comprised of the largest number of owners
19 and trainers, recommended by that Association or
20 that successor organization; and a representative of
21 the Illinois Harness Horsemen's Association,
22 recommended by that Association. Committee members
23 shall serve for terms of 2 years, commencing January
24 1 of each even-numbered year. If a representative
25 of any of the above-named entities has not been
26 recommended by January 1 of any even-numbered year,
27 the Governor shall appoint a committee member to
28 fill that position. Committee members shall receive
29 no compensation for their services as members but
30 shall be reimbursed for all actual and necessary
31 expenses and disbursements incurred in the
32 performance of their official duties. The remaining
33 50% of this two-sevenths shall be distributed to
34 county fairs for premiums and rehabilitation as set
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1 forth in the Agricultural Fair Act;
2 Four-sevenths to park districts or
3 municipalities that do not have a park district of
4 500,000 population or less for museum purposes (if
5 an inter-track wagering location licensee is located
6 in such a park district) or to conservation
7 districts for museum purposes (if an inter-track
8 wagering location licensee is located in a
9 municipality that is not included within any park
10 district but is included within a conservation
11 district and is the county seat of a county that (i)
12 is contiguous to the state of Indiana and (ii) has a
13 1990 population of 88,257 according to the United
14 States Bureau of the Census, except that if the
15 conservation district does not maintain a museum,
16 the monies shall be allocated equally between the
17 county and the municipality in which the inter-track
18 wagering location licensee is located for general
19 purposes) or to a municipal recreation board for
20 park purposes (if an inter-track wagering location
21 licensee is located in a municipality that is not
22 included within any park district and park
23 maintenance is the function of the municipal
24 recreation board and the municipality has a 1990
25 population of 9,302 according to the United States
26 Bureau of the Census); provided that the monies are
27 distributed to each park district or conservation
28 district or municipality that does not have a park
29 district in an amount equal to four-sevenths of the
30 amount collected by each inter-track wagering
31 location licensee within the park district or
32 conservation district or municipality for the Fund.
33 Monies that were paid into the Horse Racing Tax
34 Allocation Fund before the effective date of this
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1 amendatory Act of 1991 by an inter-track wagering
2 location licensee located in a municipality that is
3 not included within any park district but is
4 included within a conservation district as provided
5 in this paragraph shall, as soon as practicable
6 after the effective date of this amendatory Act of
7 1991, be allocated and paid to that conservation
8 district as provided in this paragraph. Any park
9 district or municipality not maintaining a museum
10 may deposit the monies in the corporate fund of the
11 park district or municipality where the inter-track
12 wagering location is located, to be used for general
13 purposes; and
14 One-seventh to the Agricultural Premium Fund to
15 be used for distribution to agricultural home
16 economics extension councils in accordance with "An
17 Act in relation to additional support and finances
18 for the Agricultural and Home Economic Extension
19 Councils in the several counties of this State and
20 making an appropriation therefor", approved July 24,
21 1967.
22 Until January 1, 2000, all other monies paid into
23 the Horse Racing Tax Allocation Fund pursuant to this
24 paragraph (11) shall be allocated by appropriation as
25 follows:
26 Two-sevenths to the Department of Agriculture.
27 Fifty percent of this two-sevenths shall be used to
28 promote the Illinois horse racing and breeding
29 industry, and shall be distributed by the Department
30 of Agriculture upon the advice of a 9-member
31 committee appointed by the Governor consisting of
32 the following members: the Director of Agriculture,
33 who shall serve as chairman; 2 representatives of
34 organization licensees conducting thoroughbred race
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1 meetings in this State, recommended by those
2 licensees; 2 representatives of organization
3 licensees conducting standardbred race meetings in
4 this State, recommended by those licensees; a
5 representative of the Illinois Thoroughbred Breeders
6 and Owners Foundation, recommended by that
7 Foundation; a representative of the Illinois
8 Standardbred Owners and Breeders Association,
9 recommended by that Association; a representative of
10 the Horsemen's Benevolent and Protective Association
11 or any successor organization thereto established in
12 Illinois comprised of the largest number of owners
13 and trainers, recommended by that Association or
14 that successor organization; and a representative of
15 the Illinois Harness Horsemen's Association,
16 recommended by that Association. Committee members
17 shall serve for terms of 2 years, commencing January
18 1 of each even-numbered year. If a representative
19 of any of the above-named entities has not been
20 recommended by January 1 of any even-numbered year,
21 the Governor shall appoint a committee member to
22 fill that position. Committee members shall receive
23 no compensation for their services as members but
24 shall be reimbursed for all actual and necessary
25 expenses and disbursements incurred in the
26 performance of their official duties. The remaining
27 50% of this two-sevenths shall be distributed to
28 county fairs for premiums and rehabilitation as set
29 forth in the Agricultural Fair Act;
30 Four-sevenths to museums and aquariums located
31 in park districts of over 500,000 population;
32 provided that the monies are distributed in
33 accordance with the previous year's distribution of
34 the maintenance tax for such museums and aquariums
-49- LRB9105678LDmbam17
1 as provided in Section 2 of the Park District
2 Aquarium and Museum Act; and
3 One-seventh to the Agricultural Premium Fund to
4 be used for distribution to agricultural home
5 economics extension councils in accordance with "An
6 Act in relation to additional support and finances
7 for the Agricultural and Home Economic Extension
8 Councils in the several counties of this State and
9 making an appropriation therefor", approved July 24,
10 1967. This subparagraph (C) shall be inoperative and
11 of no force and effect on and after January 1, 2000.
12
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:
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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
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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
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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. 88-358; 88-572, eff. 8-11-94; 88-661, eff.
33 9-16-94; 89-16, eff. 5-30-95.)
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1 (230 ILCS 5/26.1) (from Ch. 8, par. 37-26.1)
2 Sec. 26.1. For all pari-mutuel wagering conducted
3 pursuant to this Act, breakage shall be at all times computed
4 on the basis of not to exceed 10¢ on the dollar. If there is
5 a minus pool, the breakage shall be computed on the basis of
6 not to exceed 5¢ on the dollar. Breakage shall be calculated
7 only after the amounts retained by licensees pursuant to
8 Sections 26 and 26.2 of this Act, and all applicable
9 surcharges, are taken out of winning wagers and winnings from
10 wagers. Beginning January 1, 2000, all breakage shall be
11 retained by licensees, with 50% of breakage to be used by
12 licensees for racetrack improvements at the racetrack from
13 which the wagering facility derives its license. The
14 remaining 50% is to be allocated 50% to the purse account for
15 the licensee from which the wagering facility derives its
16 license and 50% to the licensee.
17 (Source: P.A. 89-16, eff. 5-30-95.)
18 (230 ILCS 5/27) (from Ch. 8, par. 37-27)
19 Sec. 27. (a) In addition to the organization license fee
20 provided by this Act, until January 1, 2000, a graduated
21 privilege tax is hereby imposed for conducting the
22 pari-mutuel system of wagering permitted under this Act.
23 Until January 1, 2000, except as provided in subsection (g)
24 of Section 27 of this Act, all of the breakage of each racing
25 day held by any licensee in the State shall be paid to the
26 State. Until January 1, 2000, such daily graduated privilege
27 tax shall be paid by the licensee from the amount permitted
28 to be retained under this Act. Until January 1, 2000, each
29 day's graduated privilege tax, breakage, and Horse Racing Tax
30 Allocation funds shall be remitted to the Department of
31 Revenue within 48 hours after the close of the racing day
32 upon which it is assessed or within such other time as the
33 Board prescribes. The privilege tax hereby imposed, until
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1 January 1, 2000, shall be a flat tax at the rate of 2% of the
2 daily pari-mutuel handle except as provided in Section 27.1.
3 In addition, every organization licensee, except as
4 provided in Section 27.1 of this Act, which conducts multiple
5 wagering shall pay, until January 1, 2000, as a privilege tax
6 on multiple wagers an amount equal to 1.25% of all moneys
7 wagered each day on such multiple wagers, plus an additional
8 amount equal to 3.5% of the amount wagered each day on any
9 other multiple wager which involves a single betting interest
10 on 3 or more horses. The licensee shall remit the amount of
11 such taxes to the Department of Revenue within 48 hours after
12 the close of the racing day on which it is assessed or within
13 such other time as the Board prescribes.
14 This subsection (a) shall be inoperative and of no force
15 and effect on and after January 1, 2000.
16 (a-5) Beginning on January 1, 2000, a flat pari-mutuel
17 tax at the rate of 1.5% of the daily pari-mutuel handle is
18 imposed at all pari-mutuel wagering facilities, which shall
19 be remitted to the Department of Revenue within 48 hours
20 after the close of the racing day upon which it is assessed
21 or within such other time as the Board prescribes.
22 (b) On or before December 31, 1999, in the event that
23 any organization licensee conducts 2 separate programs of
24 races on any day, each such program shall be considered a
25 separate racing day for purposes of determining the daily
26 handle and computing the privilege tax on such daily handle
27 as provided in subsection (a) of this Section.
28 (c) Licensees shall at all times keep accurate books and
29 records of all monies wagered on each day of a race meeting
30 and of the taxes paid to the Department of Revenue under the
31 provisions of this Section. The Board or its duly authorized
32 representative or representatives shall at all reasonable
33 times have access to such records for the purpose of
34 examining and checking the same and ascertaining whether the
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1 proper amount of taxes is being paid as provided. The Board
2 shall require verified reports and a statement of the total
3 of all monies wagered daily at each wagering facility upon
4 which the taxes are assessed and may prescribe forms upon
5 which such reports and statement shall be made.
6 (d) Any licensee failing or refusing to pay the amount
7 of any tax due under this Section shall be guilty of a
8 business offense and upon conviction shall be fined not more
9 than $5,000 in addition to the amount found due as tax under
10 this Section. Each day's violation shall constitute a
11 separate offense. All fines paid into Court by a licensee
12 hereunder shall be transmitted and paid over by the Clerk of
13 the Court to the Board.
14 (e) No other license fee, privilege tax, excise tax, or
15 racing fee, except as provided in this Act, shall be assessed
16 or collected from any such licensee by the State.
17 (f) No other license fee, privilege tax, excise tax or
18 racing fee shall be assessed or collected from any such
19 licensee by units of local government except as provided in
20 paragraph 10.1 of subsection (h) and subsection (f) of
21 Section 26 of this Act. However, any municipality that has a
22 Board licensed horse race meeting at a race track wholly
23 within its corporate boundaries or a township that has a
24 Board licensed horse race meeting at a race track wholly
25 within the unincorporated area of the township may charge a
26 local amusement tax not to exceed 10¢ per admission to such
27 horse race meeting by the enactment of an ordinance.
28 However, any municipality or county that has a Board licensed
29 inter-track wagering location facility wholly within its
30 corporate boundaries may each impose an admission fee not to
31 exceed $1.00 per admission to such inter-track wagering
32 location facility, so that a total of not more than $2.00 per
33 admission may be imposed. Except as provided in subparagraph
34 (g) of Section 27 of this Act, the inter-track wagering
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1 location licensee shall collect any and all such fees and
2 within 48 hours remit the fees to the Board, which shall,
3 pursuant to rule, cause the fees to be distributed to the
4 county or municipality.
5 (g) Notwithstanding any provision in this Act to the
6 contrary, if in any calendar year the total taxes and fees
7 required to be collected from licensees and distributed under
8 this Act to all State and local governmental authorities
9 exceeds the amount of such taxes and fees distributed to each
10 State and local governmental authority to which each State
11 and local governmental authority was entitled under this Act
12 for calendar year 1994, then the first $11 million of that
13 excess amount shall be allocated at the earliest possible
14 date for distribution as purse money for the succeeding
15 calendar year. Upon reaching the 1994 level, and until the
16 excess amount of taxes and fees exceeds $11 million, the
17 Board shall direct all licensees to cease paying the subject
18 taxes and fees and the Board shall direct all licensees to
19 allocate any such excess amount for purses as follows:
20 (i) the excess amount shall be initially divided
21 between thoroughbred and standardbred purses based on the
22 thoroughbred's and standardbred's respective percentages
23 of total Illinois live wagering in calendar year 1994;
24 (ii) each thoroughbred and standardbred
25 organization licensee issued an organization licensee in
26 that succeeding allocation year (provided that licensee
27 was also an organization licensee during the preceding
28 year) shall be allocated an amount equal to the product
29 of its percentage of total Illinois live thoroughbred or
30 standardbred wagering in calendar year 1994 (the total to
31 be determined based on the sum of 1994 on-track wagering
32 for all organization licensees issued organization
33 licenses in both the allocation year and the preceding
34 year) multiplied by the total amount allocated for
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1 standardbred or thoroughbred purses, provided that the
2 first $1,500,000 of the amount allocated to standardbred
3 purses under item (i) shall be allocated to the
4 Department of Agriculture to be expended with the
5 assistance and advice of the Illinois Standardbred
6 Breeders Funds Advisory Board for the purposes listed in
7 subsection (g) of Section 31 of this Act, before the
8 amount allocated to standardbred purses under item (i) is
9 allocated to standardbred organization licensees in the
10 succeeding allocation year.
11 To the extent the excess amount of taxes and fees to be
12 collected and distributed to State and local governmental
13 authorities exceeds $11 million, that excess amount shall be
14 collected and distributed to State and local authorities as
15 provided for under this Act.
16 (Source: P.A. 88-495; 89-16, eff. 5-30-95; 89-499, eff.
17 6-28-96.)
18 (230 ILCS 5/27.1) (from Ch. 8, par. 37-27.1)
19 Sec. 27.1. Every organization licensee whose track
20 facilities are operating in counties under 400,000 population
21 on or before June 1, 1986, shall be subject to a daily
22 graduated tax of 1% of the first $400,000 of daily
23 pari-mutuel handle and 2% of such handle in excess of
24 $400,000.
25 Every inter-track wagering licensee and inter-track
26 wagering location licensee shall be subject to a daily
27 graduated tax of 1% of the first $400,000 of its daily
28 pari-mutuel handle and 2% of such handle in excess of
29 $400,000.
30 Every organization licensee whose track facilities are
31 operating in counties under 400,000 population on or before
32 June 1, 1986, every inter-track wagering licensee and
33 inter-track wagering location licensee, shall pay, until
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1 January 1, 2000, as a privilege tax on multiple wagers an
2 amount equal to .75% of all moneys wagered each day on such
3 multiple wagers, plus, until January 1, 2000, an additional
4 amount equal to 2.5% of the amount wagered each day on any
5 other multiple wager which involves a single betting interest
6 on 3 or more horses.
7 This Section is repealed on January 1, 2000.
8 (Source: P.A. 88-495; 89-16, eff. 5-30-95.)
9 (230 ILCS 5/28) (from Ch. 8, par. 37-28)
10 Sec. 28. Except as provided in subsection (g) of Section
11 27 of this Act, moneys collected shall be distributed
12 according to the provisions of this Section 28.
13 (a) Thirty per cent of the total of all monies received
14 by the State as privilege taxes shall be paid into the
15 Metropolitan Fair and Exposition Authority Reconstruction
16 Fund in the State treasury until such Fund contains
17 sufficient money to pay in full, both principal and interest,
18 all of the outstanding bonds issued pursuant to the Fair and
19 Exposition Authority Reconstruction Act, approved July 31,
20 1967, as amended, and thereafter shall be paid into the
21 Metropolitan Exposition Auditorium and Office Building Fund
22 in the State Treasury.
23 (b) Four and one-half per cent of the total of all
24 monies received by the State as privilege taxes shall be paid
25 into the State treasury into a special Fund to be known as
26 the "Metropolitan Exposition, Auditorium, and Office Building
27 Fund".
28 (c) Fifty per cent of the total of all monies received
29 by the State as privilege taxes under the provisions of this
30 Act shall be paid into the "Agricultural Premium Fund".
31 (d) Seven per cent of the total of all monies received
32 by the State as privilege taxes shall be paid into the Fair
33 and Exposition Fund in the State treasury; provided, however,
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1 that when all bonds issued prior to July 1, 1984 by the
2 Metropolitan Fair and Exposition Authority shall have been
3 paid or payment shall have been provided for upon a refunding
4 of those bonds, thereafter 1/12 of $1,665,662 of such monies
5 shall be paid each month into the Build Illinois Fund, and
6 the remainder into the Fair and Exposition Fund. All excess
7 monies shall be allocated to the Department of Agriculture
8 for distribution to county fairs for premiums and
9 rehabilitation as set forth in the Agricultural Fair Act.
10 (e) The monies provided for in Section 30 shall be paid
11 into the Illinois Thoroughbred Breeders Fund.
12 (f) The monies provided for in Section 31 shall be paid
13 into the Illinois Standardbred Breeders Fund.
14 (g) Until January 1, 2000, that part representing 1/2 of
15 the total breakage in Thoroughbred, Harness, Appaloosa,
16 Arabian, and Quarter Horse racing in the State shall be paid
17 into the "Illinois Race Track Improvement Fund" as
18 established in Section 32.
19 (h) All other monies received by the Board under this
20 Act shall be paid into the General Revenue Fund of the State.
21 (i) The salaries of the Board members, secretary,
22 stewards, directors of mutuels, veterinarians,
23 representatives, accountants, clerks, stenographers,
24 inspectors and other employees of the Board, and all expenses
25 of the Board incident to the administration of this Act,
26 including, but not limited to, all expenses and salaries
27 incident to the taking of saliva and urine samples in
28 accordance with the rules and regulations of the Board shall
29 be paid out of the Agricultural Premium Fund.
30 (j) The Agricultural Premium Fund shall also be used:
31 (1) for the expenses of operating the Illinois
32 State Fair and the DuQuoin State Fair, including the
33 payment of prize money or premiums;
34 (2) for the distribution to county fairs,
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1 vocational agriculture section fairs, agricultural
2 societies, and agricultural extension clubs in accordance
3 with the "Agricultural Fair Act", as amended;
4 (3) for payment of prize monies and premiums
5 awarded and for expenses incurred in connection with the
6 International Livestock Exposition and the Mid-Continent
7 Livestock Exposition held in Illinois, which premiums,
8 and awards must be approved, and paid by the Illinois
9 Department of Agriculture;
10 (4) for personal service of county agricultural
11 advisors and county home advisors;
12 (5) for distribution to agricultural home economic
13 extension councils in accordance with "An Act in relation
14 to additional support and finance for the Agricultural
15 and Home Economic Extension Councils in the several
16 counties in this State and making an appropriation
17 therefor", approved July 24, 1967, as amended;
18 (6) for research on equine disease, including a
19 development center therefor;
20 (7) for training scholarships for study on equine
21 diseases to students at the University of Illinois
22 College of Veterinary Medicine;
23 (8) for the rehabilitation, repair and maintenance
24 of the Illinois and DuQuoin State Fair Grounds and the
25 structures and facilities thereon and the construction of
26 permanent improvements on such Fair Grounds, including
27 such structures, facilities and property located on such
28 State Fair Grounds which are under the custody and
29 control of the Department of Agriculture;
30 (9) for the expenses of the Department of
31 Agriculture under Section 6.01a of "The Civil
32 Administrative Code of Illinois", as amended;
33 (10) for the expenses of the Department of Commerce
34 and Community Affairs under Sections 6.18a, 46.24, 46.25
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1 and 46.26 of "The Civil Administrative Code of Illinois",
2 as amended;
3 (11) for remodeling, expanding, and reconstructing
4 facilities destroyed by fire of any Fair and Exposition
5 Authority in counties with a population of 1,000,000 or
6 more inhabitants;
7 (12) for the purpose of assisting in the care and
8 general rehabilitation of disabled veterans of any war
9 and their surviving spouses and orphans;
10 (13) for expenses of the Department of State Police
11 for duties performed under this Act;
12 (14) for the Department of Agriculture for soil
13 surveys and soil and water conservation purposes;
14 (15) for the Department of Agriculture for grants
15 to the City of Chicago for conducting the Chicagofest.
16 (k) To the extent that monies paid by the Board to the
17 Agricultural Premium Fund are in the opinion of the Governor
18 in excess of the amount necessary for the purposes herein
19 stated, the Governor shall notify the Comptroller and the
20 State Treasurer of such fact, who, upon receipt of such
21 notification, shall transfer such excess monies from the
22 Agricultural Premium Fund to the General Revenue Fund.
23 (Source: P.A. 89-16, eff. 5-30-95.)
24 (230 ILCS 5/28.1 new)
25 Sec. 28.1. Payments.
26 (a) Beginning on January 1, 2000, moneys collected by
27 the Department of Revenue and the Racing Board pursuant to
28 Section 26 or Section 27 of this Act shall be deposited into
29 the Horse Racing Fund, which is hereby created as a special
30 fund in the State Treasury.
31 (b) Appropriations, as approved by the General Assembly,
32 may be made from the Horse Racing Fund to the Board to pay
33 the salaries of the Board members, secretary, stewards,
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1 directors of mutuels, veterinarians, representatives,
2 accountants, clerks, stenographers, inspectors and other
3 employees of the Board, and all expenses of the Board
4 incident to the administration of this Act, including, but
5 not limited to, all expenses and salaries incident to the
6 taking of saliva and urine samples in accordance with the
7 rules and regulations of the Board.
8 (c) Beginning on January 1, 2000, the Board shall
9 transfer the remainder of the funds generated pursuant to
10 Sections 26 and 27 from the Horse Racing Fund into the
11 General Revenue Fund.
12 (d) Beginning January 1, 2000, payments to all programs
13 in existence on the effective date of this amendatory Act of
14 1999 that are identified in Sections 26(c), 26(f),
15 26(h)(11)(C), and 28, subsections (a), (b), (c), (d), (e),
16 (f), (g), and (h) of Section 30, and subsections (a), (b),
17 (c), (d), (e), (f), (g), and (h) of Section 31 shall be made
18 from the General Revenue Fund at the funding levels
19 determined by amounts paid under this Act in calendar year
20 1998.
21 (230 ILCS 5/29) (from Ch. 8, par. 37-29)
22 Sec. 29. (a) After the privilege or pari-mutuel tax
23 established in Sections 26(f), 27, and 27.1 is paid to the
24 State from the monies retained by the organization licensee
25 pursuant to Sections 26, 26.2, and 26.3, the remainder of
26 those monies retained pursuant to Sections 26 and 26.2,
27 except as provided in subsection (g) of Section 27 of this
28 Act, shall be allocated evenly to the organization licensee
29 and as purses.
30 (b) (Blank).
31 (c) (Blank).
32 (d) Each organization licensee and inter-track wagering
33 licensee from the money retained for purses as set forth in
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1 subsection (a) of this Section, shall pay to an organization
2 representing the largest number of horse owners and trainers
3 which has negotiated a contract with the organization
4 licensee for such purpose an amount equal to at least 1% of
5 the organization licensee's and inter-track wagering
6 licensee's retention of the pari-mutuel handle for the racing
7 season. Each inter-track wagering location licensee, from
8 the 4% of its handle required to be paid as purses under
9 paragraph (11) of subsection (h) of Section 26 of this Act,
10 shall pay to the contractually established representative
11 organization 2% of that 4%, provided that the payments so
12 made to the organization shall not exceed a total of $125,000
13 in any calendar year. Such contract shall be negotiated and
14 signed prior to the beginning of the racing season.
15 (Source: P.A. 89-16, eff. 5-30-95.)
16 (230 ILCS 5/30) (from Ch. 8, par. 37-30)
17 Sec. 30. (a) The General Assembly declares that it is
18 the policy of this State to encourage the breeding of
19 thoroughbred horses in this State and the ownership of such
20 horses by residents of this State in order to provide for:
21 sufficient numbers of high quality thoroughbred horses to
22 participate in thoroughbred racing meetings in this State,
23 and to establish and preserve the agricultural and commercial
24 benefits of such breeding and racing industries to the State
25 of Illinois. It is the intent of the General Assembly to
26 further this policy by the provisions of this Act.
27 (b) Each organization licensee conducting a thoroughbred
28 racing meeting pursuant to this Act shall provide at least
29 two races each day limited to Illinois conceived and foaled
30 horses or Illinois foaled horses or both. A minimum of 6
31 races shall be conducted each week limited to Illinois
32 conceived and foaled or Illinois foaled horses or both. No
33 horses shall be permitted to start in such races unless duly
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1 registered under the rules of the Department of Agriculture.
2 (c) Conditions of races under subsection (b) shall be
3 commensurate with past performance, quality, and class of
4 Illinois conceived and foaled and Illinois foaled horses
5 available. If, however, sufficient competition cannot be had
6 among horses of that class on any day, the races may, with
7 consent of the Board, be eliminated for that day and
8 substitute races provided.
9 (d) There is hereby created a special fund of the State
10 Treasury to be known as the Illinois Thoroughbred Breeders
11 Fund.
12 Except as provided in subsection (g) of Section 27 of
13 this Act, 8.5% of all the monies received by the State as
14 privilege taxes on Thoroughbred racing meetings shall be paid
15 into the Illinois Thoroughbred Breeders Fund.
16 (e) The Illinois Thoroughbred Breeders Fund shall be
17 administered by the Department of Agriculture with the advice
18 and assistance of the Advisory Board created in subsection
19 (f) of this Section.
20 (f) The Illinois Thoroughbred Breeders Fund Advisory
21 Board shall consist of the Director of the Department of
22 Agriculture, who shall serve as Chairman; a member of the
23 Illinois Racing Board, designated by it; 2 representatives of
24 the organization licensees conducting thoroughbred racing
25 meetings, recommended by them; 2 representatives of the
26 Illinois Thoroughbred Breeders and Owners Foundation,
27 recommended by it; and 2 representatives of the Horsemen's
28 Benevolent Protective Association or any successor
29 organization established in Illinois comprised of the largest
30 number of owners and trainers, recommended by it, with one
31 representative of the Horsemen's Benevolent and Protective
32 Association to come from its Illinois Division, and one from
33 its Chicago Division. Advisory Board members shall serve for
34 2 years commencing January 1 of each odd numbered year. If
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1 representatives of the organization licensees conducting
2 thoroughbred racing meetings, the Illinois Thoroughbred
3 Breeders and Owners Foundation, and the Horsemen's Benevolent
4 Protection Association have not been recommended by January
5 1, of each odd numbered year, the Director of the Department
6 of Agriculture shall make an appointment for the organization
7 failing to so recommend a member of the Advisory Board.
8 Advisory Board members shall receive no compensation for
9 their services as members but shall be reimbursed for all
10 actual and necessary expenses and disbursements incurred in
11 the execution of their official duties.
12 (g) No monies shall be expended from the Illinois
13 Thoroughbred Breeders Fund except as appropriated by the
14 General Assembly. Monies appropriated from the Illinois
15 Thoroughbred Breeders Fund shall be expended by the
16 Department of Agriculture, with the advice and assistance of
17 the Illinois Thoroughbred Breeders Fund Advisory Board, for
18 the following purposes only:
19 (1) To provide purse supplements to owners of
20 horses participating in races limited to Illinois
21 conceived and foaled and Illinois foaled horses. Any
22 such purse supplements shall not be included in and shall
23 be paid in addition to any purses, stakes, or breeders'
24 awards offered by each organization licensee as
25 determined by agreement between such organization
26 licensee and an organization representing the horsemen.
27 No monies from the Illinois Thoroughbred Breeders Fund
28 shall be used to provide purse supplements for claiming
29 races in which the minimum claiming price is less than
30 $7,500.
31 (2) To provide stakes and awards to be paid to the
32 owners of the winning horses in certain races limited to
33 Illinois conceived and foaled and Illinois foaled horses
34 designated as stakes races.
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1 (2.5) To provide an award to the owner or owners of
2 an Illinois conceived and foaled or Illinois foaled horse
3 that wins a maiden special weight, an allowance,
4 overnight handicap race, or claiming race with claiming
5 price of $10,000 or more providing the race is not
6 restricted to Illinois conceived and foaled or Illinois
7 foaled horses. Awards shall also be provided to the
8 owner or owners of Illinois conceived and foaled and
9 Illinois foaled horses that place second or third in
10 those races. To the extent that additional moneys are
11 required to pay the minimum additional awards of 40% of
12 the purse the horse earns for placing first, second or
13 third in those races for Illinois foaled horses and of
14 60% of the purse the horse earns for placing first,
15 second or third in those races for Illinois conceived and
16 foaled horses, those moneys shall be provided from the
17 purse account at the track where earned.
18 (3) To provide stallion awards to the owner or
19 owners of any stallion that is duly registered with the
20 Illinois Thoroughbred Breeders Fund Program prior to the
21 effective date of this amendatory Act of 1995 whose duly
22 registered Illinois conceived and foaled offspring wins a
23 race conducted at an Illinois thoroughbred racing meeting
24 other than a claiming race. Such award shall not be paid
25 to the owner or owners of an Illinois stallion that
26 served outside this State at any time during the calendar
27 year in which such race was conducted.
28 (4) To provide $75,000 annually for purses to be
29 distributed to county fairs that provide for the running
30 of races during each county fair exclusively for the
31 thoroughbreds conceived and foaled in Illinois. The
32 conditions of the races shall be developed by the county
33 fair association and reviewed by the Department with the
34 advice and assistance of the Illinois Thoroughbred
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1 Breeders Fund Advisory Board. There shall be no wagering
2 of any kind on the running of Illinois conceived and
3 foaled races at county fairs.
4 (4.1) To provide purse money for an Illinois
5 stallion stakes program.
6 (5) No less than 80% of all monies appropriated
7 from the Illinois Thoroughbred Breeders Fund shall be
8 expended for the purposes in (1), (2), (2.5), (3), (4),
9 (4.1), and (5) as shown above.
10 (6) To provide for educational programs regarding
11 the thoroughbred breeding industry.
12 (7) To provide for research programs concerning the
13 health, development and care of the thoroughbred horse.
14 (8) To provide for a scholarship and training
15 program for students of equine veterinary medicine.
16 (9) To provide for dissemination of public
17 information designed to promote the breeding of
18 thoroughbred horses in Illinois.
19 (10) To provide for all expenses incurred in the
20 administration of the Illinois Thoroughbred Breeders
21 Fund.
22 (h) Whenever the Governor finds that the amount in the
23 Illinois Thoroughbred Breeders Fund is more than the total of
24 the outstanding appropriations from such fund, the Governor
25 shall notify the State Comptroller and the State Treasurer of
26 such fact. The Comptroller and the State Treasurer, upon
27 receipt of such notification, shall transfer such excess
28 amount from the Illinois Thoroughbred Breeders Fund to the
29 General Revenue Fund.
30 (i) A sum equal to 12 1/2% of the first prize money of
31 every purse won by an Illinois foaled or an Illinois
32 conceived and foaled horse in races not limited to Illinois
33 foaled horses or Illinois conceived and foaled horses, or
34 both, shall be paid by the organization licensee conducting
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1 the horse race meeting. Such sum shall be paid from the
2 organization licensee's share of the money wagered as
3 follows: 11 1/2% to the breeder of the winning horse and 1%
4 to the organization representing thoroughbred breeders and
5 owners whose representative serves on the Illinois
6 Thoroughbred Breeders Fund Advisory Board for verifying the
7 amounts of breeders' awards earned, assuring their
8 distribution in accordance with this Act, and servicing and
9 promoting the Illinois thoroughbred horse racing industry.
10 The organization representing thoroughbred breeders and
11 owners shall cause all expenditures of monies received under
12 this subsection (i) to be audited at least annually by a
13 registered public accountant. The organization shall file
14 copies of each annual audit with the Racing Board, the Clerk
15 of the House of Representatives and the Secretary of the
16 Senate, and shall make copies of each annual audit available
17 to the public upon request and upon payment of the reasonable
18 cost of photocopying the requested number of copies. Such
19 payments shall not reduce any award to the owner of the horse
20 or reduce the taxes payable under this Act. Upon completion
21 of its racing meet, each organization licensee shall deliver
22 to the organization representing thoroughbred breeders and
23 owners whose representative serves on the Illinois
24 Thoroughbred Breeders Fund Advisory Board a listing of all
25 the Illinois foaled and the Illinois conceived and foaled
26 horses which won breeders' awards and the amount of such
27 breeders' awards under this subsection to verify accuracy of
28 payments and assure proper distribution of breeders' awards
29 in accordance with the provisions of this Act. Such payments
30 shall be delivered by the organization licensee within 30
31 days of the end of each race meeting.
32 (j) A sum equal to 12 1/2% of the first prize money won
33 in each race limited to Illinois foaled horses or Illinois
34 conceived and foaled horses, or both, shall be paid in the
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1 following manner by the organization licensee conducting the
2 horse race meeting, from the organization licensee's share of
3 the money wagered: 11 1/2% to the breeders of the horses in
4 each such race which are the official first, second, third
5 and fourth finishers and 1% to the organization representing
6 thoroughbred breeders and owners whose representative serves
7 on the Illinois Thoroughbred Breeders Fund Advisory Board for
8 verifying the amounts of breeders' awards earned, assuring
9 their proper distribution in accordance with this Act, and
10 servicing and promoting the Illinois thoroughbred horse
11 racing industry. The organization representing thoroughbred
12 breeders and owners shall cause all expenditures of monies
13 received under this subsection (j) to be audited at least
14 annually by a registered public accountant. The organization
15 shall file copies of each annual audit with the Racing Board,
16 the Clerk of the House of Representatives and the Secretary
17 of the Senate, and shall make copies of each annual audit
18 available to the public upon request and upon payment of the
19 reasonable cost of photocopying the requested number of
20 copies.
21 The 11 1/2% paid to the breeders in accordance with this
22 subsection shall be distributed as follows:
23 (1) 60% of such sum shall be paid to the breeder of
24 the horse which finishes in the official first position;
25 (2) 20% of such sum shall be paid to the breeder of
26 the horse which finishes in the official second position;
27 (3) 15% of such sum shall be paid to the breeder of
28 the horse which finishes in the official third position;
29 and
30 (4) 5% of such sum shall be paid to the breeder of
31 the horse which finishes in the official fourth position.
32 Such payments shall not reduce any award to the owners of
33 a horse or reduce the taxes payable under this Act. Upon
34 completion of its racing meet, each organization licensee
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1 shall deliver to the organization representing thoroughbred
2 breeders and owners whose representative serves on the
3 Illinois Thoroughbred Breeders Fund Advisory Board a listing
4 of all the Illinois foaled and the Illinois conceived and
5 foaled horses which won breeders' awards and the amount of
6 such breeders' awards in accordance with the provisions of
7 this Act. Such payments shall be delivered by the
8 organization licensee within 30 days of the end of each race
9 meeting.
10 (k) The term "breeder", as used herein, means the owner
11 of the mare at the time the foal is dropped. An "Illinois
12 foaled horse" is a foal dropped by a mare which enters this
13 State on or before December 1, in the year in which the horse
14 is bred, 1995 for a foal dropped in calendar year 1996,
15 November 1, 1996 for a foal dropped in calendar year 1997,
16 and October 1 for foals dropped in all years thereafter,
17 provided the mare remains continuously in this State until
18 its foal is born. An "Illinois foaled horse" also means a
19 foal born of a mare in the same year as the mare enters this
20 State on or before March 1, and remains in this State at
21 least 30 days after foaling, is bred back during the season
22 of the foaling to an Illinois Registered Stallion (unless a
23 veterinarian certifies that the mare should not be bred for
24 health reasons), and is not bred to a stallion standing in
25 any other state during the season of foaling. An "Illinois
26 foaled horse" also means a foal born in Illinois of a mare
27 purchased at public auction subsequent to the mare entering
28 this State prior to February 1 of the foaling year providing
29 the mare is owned solely by one or more Illinois residents or
30 an Illinois entity that is entirely owned by one or more
31 Illinois residents.
32 (l) The Department of Agriculture shall, by rule, with
33 the advice and assistance of the Illinois Thoroughbred
34 Breeders Fund Advisory Board:
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1 (1) Qualify stallions for Illinois breeding; such
2 stallions to stand for service within the State of
3 Illinois at the time of a foal's conception. Such
4 stallion must not stand for service at any place outside
5 the State of Illinois during the calendar year in which
6 the foal is conceived. The Department of Agriculture may
7 assess and collect application fees for the registration
8 of Illinois-eligible stallions. All fees collected are
9 to be paid into the Illinois Thoroughbred Breeders Fund.
10 (2) Provide for the registration of Illinois
11 conceived and foaled horses and Illinois foaled horses.
12 No such horse shall compete in the races limited to
13 Illinois conceived and foaled horses or Illinois foaled
14 horses or both unless registered with the Department of
15 Agriculture. The Department of Agriculture may prescribe
16 such forms as are necessary to determine the eligibility
17 of such horses. The Department of Agriculture may assess
18 and collect application fees for the registration of
19 Illinois-eligible foals. All fees collected are to be
20 paid into the Illinois Thoroughbred Breeders Fund. No
21 person shall knowingly prepare or cause preparation of an
22 application for registration of such foals containing
23 false information.
24 (m) The Department of Agriculture, with the advice and
25 assistance of the Illinois Thoroughbred Breeders Fund
26 Advisory Board, shall provide that certain races limited to
27 Illinois conceived and foaled and Illinois foaled horses be
28 stakes races and determine the total amount of stakes and
29 awards to be paid to the owners of the winning horses in such
30 races.
31 In determining the stakes races and the amount of awards
32 for such races, the Department of Agriculture shall consider
33 factors, including but not limited to, the amount of money
34 appropriated for the Illinois Thoroughbred Breeders Fund
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1 program, organization licensees' contributions, availability
2 of stakes caliber horses as demonstrated by past
3 performances, whether the race can be coordinated into the
4 proposed racing dates within organization licensees' racing
5 dates, opportunity for colts and fillies and various age
6 groups to race, public wagering on such races, and the
7 previous racing schedule.
8 (n) The Board and the organizational licensee shall
9 notify the Department of the conditions and minimum purses
10 for races limited to Illinois conceived and foaled and
11 Illinois foaled horses conducted for each organizational
12 licensee conducting a thoroughbred racing meeting. The
13 Department of Agriculture with the advice and assistance of
14 the Illinois Thoroughbred Breeders Fund Advisory Board may
15 allocate monies for purse supplements for such races. In
16 determining whether to allocate money and the amount, the
17 Department of Agriculture shall consider factors, including
18 but not limited to, the amount of money appropriated for the
19 Illinois Thoroughbred Breeders Fund program, the number of
20 races that may occur, and the organizational licensee's purse
21 structure.
22 (o) In order to improve the breeding quality of
23 thoroughbred horses in the State, the General Assembly
24 recognizes that existing provisions of this Section to
25 encourage such quality breeding need to be revised and
26 strengthened. As such, a Thoroughbred Breeder's Program Task
27 Force is to be appointed by the Governor by September 1, 1999
28 to make recommendations to the General Assembly by no later
29 than March 1, 2000. This task force is to be composed of 2
30 representatives from the Illinois Thoroughbred Breeders and
31 Owners Foundation, 2 from the Illinois Thoroughbred
32 Horsemen's Association, 3 from Illinois race tracks operating
33 thoroughbred race meets for an average of at least 30 days in
34 the past 3 years, the Director of Agriculture, the Executive
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1 Director of the Racing Board, who shall serve as Chairman.
2 (Source: P.A. 88-495; 89-16, eff. 5-30-95.)
3 (230 ILCS 5/30.5 new)
4 Sec. 30.5. Illinois Quarter Horse Breeders Fund.
5 (a) The General Assembly declares that it is the policy
6 of this State to encourage the breeding of racing quarter
7 horses in this State and the ownership of such horses by
8 residents of this State in order to provide for sufficient
9 numbers of high quality racing quarter horses in this State
10 and to establish and preserve the agricultural and commercial
11 benefits of such breeding and racing industries to the State
12 of Illinois. It is the intent of the General Assembly to
13 further this policy by the provisions of this Act.
14 (b) There is hereby created a special fund in the State
15 Treasury to be known as the Illinois Racing Quarter Horse
16 Breeders Fund. Except as provided in subsection (g) of
17 Section 27 of this Act, 8.5% of all the moneys received by
18 the State as pari-mutuel taxes on quarter horse racing shall
19 be paid into the Illinois Racing Quarter Horse Breeders Fund.
20 (c) The Illinois Racing Quarter Horse Breeders Fund
21 shall be administered by the Department of Agriculture with
22 the advice and assistance of the Advisory Board created in
23 subsection (d) of this Section.
24 (d) The Illinois Racing Quarter Horse Breeders Fund
25 Advisory Board shall consist of the Director of the
26 Department of Agriculture, who shall serve as Chairman; a
27 member of the Illinois Racing Board, designated by it; one
28 representative of the organization licensees conducting
29 pari-mutuel quarter horse racing meetings, recommended by
30 them; 2 representatives of the Illinois Running Quarter Horse
31 Association, recommended by it; and the Superintendent of
32 Fairs and Promotions from the Department of Agriculture.
33 Advisory Board members shall serve for 2 years commencing
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1 January 1 of each odd numbered year. If representatives have
2 not been recommended by January 1 of each odd numbered year,
3 the Director of the Department of Agriculture may make an
4 appointment for the organization failing to so recommend a
5 member of the Advisory Board. Advisory Board members shall
6 receive no compensation for their services as members but may
7 be reimbursed for all actual and necessary expenses and
8 disbursements incurred in the execution of their official
9 duties.
10 (e) No moneys shall be expended from the Illinois Racing
11 Quarter Horse Breeders Fund except as appropriated by the
12 General Assembly. Moneys appropriated from the Illinois
13 Racing Quarter Horse Breeders Fund shall be expended by the
14 Department of Agriculture, with the advice and assistance of
15 the Illinois Racing Quarter Horse Breeders Fund Advisory
16 Board, for the following purposes only:
17 (1) To provide stakes and awards to be paid to the
18 owners of the winning horses in certain races. This
19 provision is limited to Illinois conceived and foaled
20 horses.
21 (2) To provide an award to the owner or owners of
22 an Illinois conceived and foaled horse that wins a race
23 when pari-mutuel wagering is conducted; providing the
24 race is not restricted to Illinois conceived and foaled
25 horses.
26 (3) To provide purse money for an Illinois stallion
27 stakes program.
28 (4) To provide for purses to be distributed for the
29 running of races during the Illinois State Fair and the
30 DuQuoin State Fair exclusively for quarter horses
31 conceived and foaled in Illinois.
32 (5) To provide for purses to be distributed for the
33 running of races at Illinois county fairs exclusively for
34 quarter horses conceived and foaled in Illinois.
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1 (6) To provide for purses to be distributed for
2 running races exclusively for quarter horses conceived
3 and foaled in Illinois at locations in Illinois
4 determined by the Department of Agriculture with advice
5 and consent of the Racing Quarter Horse Breeders Fund
6 Advisory Board.
7 (7) No less than 90% of all moneys appropriated
8 from the Illinois Racing Quarter Horse Breeders Fund
9 shall be expended for the purposes in items (1), (2),
10 (3), (4), and (5) of this subsection (e).
11 (8) To provide for research programs concerning the
12 health, development, and care of racing quarter horses.
13 (9) To provide for dissemination of public
14 information designed to promote the breeding of racing
15 quarter horses in Illinois.
16 (10) To provide for expenses incurred in the
17 administration of the Illinois Racing Quarter Horse
18 Breeders Fund.
19 (f) The Department of Agriculture shall, by rule, with
20 the advice and assistance of the Illinois Racing Quarter
21 Horse Breeders Fund Advisory Board:
22 (1) Qualify stallions for Illinois breeding; such
23 stallions to stand for service within the State of
24 Illinois, at the time of a foal's conception. Such
25 stallion must not stand for service at any place outside
26 the State of Illinois during the calendar year in which
27 the foal is conceived. The Department of Agriculture may
28 assess and collect application fees for the registration
29 of Illinois-eligible stallions. All fees collected are to
30 be paid into the Illinois Racing Quarter Horse Breeders
31 Fund.
32 (2) Provide for the registration of Illinois
33 conceived and foaled horses. No such horse shall compete
34 in the races limited to Illinois conceived and foaled
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1 horses unless it is registered with the Department of
2 Agriculture. The Department of Agriculture may prescribe
3 such forms as are necessary to determine the eligibility
4 of such horses. The Department of Agriculture may assess
5 and collect application fees for the registration of
6 Illinois-eligible foals. All fees collected are to be
7 paid into the Illinois Racing Quarter Horse Breeders
8 Fund. No person shall knowingly prepare or cause
9 preparation of an application for registration of such
10 foals that contains false information.
11 (g) The Department of Agriculture, with the advice and
12 assistance of the Illinois Racing Quarter Horse Breeders Fund
13 Advisory Board, shall provide that certain races limited to
14 Illinois conceived and foaled be stakes races and determine
15 the total amount of stakes and awards to be paid to the
16 owners of the winning horses in such races.
17 (230 ILCS 5/32.1 new)
18 Sec. 32.1. Pari-mutuel tax credit; statewide racetrack
19 real estate equalization. In order to encourage new
20 investment in Illinois racetrack facilities and mitigate
21 differing real estate tax burdens among all racetracks, the
22 licensees affiliated or associated with each racetrack that
23 has been awarded live racing dates in the current year shall
24 receive an immediate pari-mutuel tax credit in an amount
25 equal to the greater of (i) 50% of the amount of the real
26 estate taxes paid in the prior year attributable to that
27 racetrack, or (ii) the amount by which the real estate taxes
28 paid in the prior year attributable to that racetrack exceeds
29 60% of the average real estate taxes paid in the prior year
30 for all racetracks awarded live horse racing meets in the
31 current year.
32 Each year, regardless of whether the organization
33 licensee conducted live racing in the year of certification,
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1 the Board shall certify in writing, prior to December 31, the
2 real estate taxes paid in that year for each racetrack and
3 the amount of the pari-mutuel tax credit that each
4 organization licensee, intertrack wagering licensee, and
5 intertrack wagering location licensee that derives its
6 license from such racetrack is entitled in the succeeding
7 calendar year. The real estate taxes considered under this
8 Section for any racetrack shall be those taxes on the real
9 estate parcels and related facilities used to conduct a horse
10 race meeting and inter-track wagering at such racetrack under
11 this Act. In no event shall the amount of the tax credit
12 under this Section exceed the amount of pari-mutuel taxes
13 otherwise calculated under this Act. The amount of the tax
14 credit under this Section shall be retained by each licensee
15 and shall not be subject to any reallocation or further
16 distribution under this Act. The Board may promulgate
17 emergency rules to implement this Section.
18 (230 ILCS 5/54 new)
19 Sec. 54. Horse Racing Equity Fund.
20 (a) There is created in the State Treasury a Fund to be
21 known as the Horse Racing Equity Fund. The Fund shall
22 consist of moneys paid into it pursuant to subsection (c-5)
23 of Section 13 of the Riverboat Gambling Act. The Fund shall
24 be administered by the Racing Board.
25 (b) The moneys deposited into the Fund shall be
26 distributed by the State Treasurer within 10 days after those
27 moneys are deposited into the Fund as follows:
28 (1) Fifty percent of all moneys distributed under
29 this subsection shall be distributed to organization
30 licensees to be distributed at their race meetings as
31 purses. Fifty-seven percent of the amount distributed
32 under this paragraph (1) shall be distributed for
33 thoroughbred race meetings and 43% shall be distributed
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1 for standardbred race meetings. Within each breed,
2 moneys shall be allocated to each organization licensee's
3 purse fund in accordance with the ratio between the
4 purses generated for that breed by that licensee during
5 the prior calendar year and the total purses generated
6 throughout the State for that breed during the prior
7 calendar year.
8 (2) The remaining 50% of the moneys distributed
9 under this subsection (b) shall be distributed pro rata
10 according to the aggregate proportion of state-wide
11 handle at the racetrack, inter-track, and inter-track
12 wagering locations that derive their licenses from a
13 racetrack identified in this paragraph (2) for calendar
14 years 1994, 1996, and 1997 to (i) any person (or its
15 successors or assigns) who had operating control of a
16 racing facility at which live racing was conducted in
17 calendar year 1997 and who has operating control of an
18 organization licensee that conducted racing in calendar
19 year 1997 and is a licensee in the current year, or (ii)
20 any person (or its successors or assigns) who has
21 operating control of a racing facility located in a
22 county that is bounded by the Mississippi River that has
23 a population of less than 150,000 according to the 1990
24 decennial census and conducted an average of 60 days of
25 racing per year between 1985 and 1993 and has been
26 awarded an inter-track wagering license in the current
27 year.
28 If any person identified in this paragraph (2)
29 becomes ineligible to receive moneys from the Fund, such
30 amount shall be redistributed among the remaining persons
31 in proportion to their percentages otherwise calculated.
32 (230 ILCS 5/55 new)
33 Sec. 55. Study concerning account wagering and fixed
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1 odds wagering. The Board shall study whether it would be in
2 the best interests of the horse racing industry and the State
3 of Illinois to authorize account wagering and fixed odds
4 wagering. The Board shall file a written report containing
5 its findings with the General Assembly no later than December
6 31, 1999.
7 Section 12. The Illinois Horse Racing Act of 1975 is
8 amended by changing Section 32 as follows:
9 (230 ILCS 5/32) (from Ch. 8, par. 37-32)
10 Sec. 32. Illinois Race Track Improvement Fund. Within 30
11 days after the effective date of this Act, the Board shall
12 cause all moneys previously deposited in the Illinois Race
13 Track Improvement Fund to be remitted to the racetrack from
14 which the licensee derives its license in accordance to the
15 amounts generated by each licensee.
16 (a) There is hereby created in the State Treasury a fund
17 to be known as the Illinois Race Track Improvement Fund,
18 referred to in this Section as the Fund, to consist of monies
19 paid into it pursuant to Section 28. Except as provided in
20 subsection (g) of Section 27 of this Act, moneys credited to
21 the Fund shall be distributed by the Treasurer on order of
22 the Board.
23 (b) Except as provided in subsection (g) of Section 28,
24 50% of the breakage of each meeting shall be collected by the
25 Department of Revenue and deposited with the State Treasurer
26 in an account established for each organization licensee who
27 held such meeting at any track in a given racing year.
28 (c) The Racing Board shall use this Fund to aid tracks
29 in improving their facilities. Expenditures from the Fund
30 shall be equitably distributed between frontside and backside
31 improvements for each organization licensee, taking into
32 account the amount an organization licensee may spend or has
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1 spent on frontside and backside improvements over the course
2 of a multi-year capital improvement plan, which plan shall be
3 updated each year and subject to the review and approval of
4 the Board. The Board shall have discretion to deny a request
5 for reimbursement from the Fund if it determines that the
6 proposed expenditures are not consistent with the approved
7 capital improvement plan. An organization licensee shall be
8 required to file an updated plan each year with any
9 application to conduct racing.
10 (d) Monies shall be distributed from the Fund to tracks
11 for the cost of erection, improving or acquisition of seating
12 stands, buildings or other structures, ground or track, for
13 the necessary purchase or required restoration of depreciable
14 property and equipment used in the operation of a race track,
15 or for the payment of the cost of amortization of debt
16 contracted with the approval of the Board for any or all such
17 purposes. The fund shall also be used to reimburse race
18 tracks for the added expenses incurred when it is necessary
19 to establish training facilities for horses eligible to
20 compete at operating race tracks due to the existence of an
21 overflow of eligible horses using the training facilities at
22 the operating tracks, or if it is determined by the Board to
23 be in the best interests of racing.
24 (e) The Board shall promulgate procedural rules and
25 regulations governing information required, deadlines for
26 filing, and types of application forms to be observed by the
27 tracks seeking monies from the Fund.
28 (f) (Blank).
29 (g) The Board shall keep accurate records of monies
30 deposited in each account for each licensee. If in any given
31 year a track does not tender any application for monies from
32 the Fund or tenders an application which is not in accordance
33 with the provisions of this Section the Department of Revenue
34 shall allow such unexpended monies to remain in the account
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1 for utilization at a later date in accordance with the
2 provision of subsections (c) through (e).
3 (h) In addition to any other permitted use of moneys in
4 the Fund, and notwithstanding any restriction on the use of
5 the Fund, moneys in the Illinois Race Track Improvement Fund
6 may be transferred to the General Revenue Fund as authorized
7 by Public Act 87-14. The General Assembly finds that an
8 excess of moneys existed in the Fund on July 30, 1991, and
9 the Governor's order of July 30, 1991, requesting the
10 Comptroller and Treasurer to transfer an amount from the Fund
11 to the General Revenue Fund is hereby validated.
12 (Source: P.A. 89-16, eff. 5-30-95.)
13 Section 15. The Riverboat Gambling Act is amended by
14 changing the title of the Act, changing Sections 3, 4, 5, 6,
15 7, 11, 12, 13, and 18, and adding Section 11.2 as follows:
16 (230 ILCS 10/Act title)
17 An Act to authorize certain forms of gambling on
18 excursion gambling boats.
19 (Source: P.A. 86-1029.)
20 (230 ILCS 10/3) (from Ch. 120, par. 2403)
21 Sec. 3. Riverboat Gambling Authorized.
22 (a) Riverboat gambling operations and the system of
23 wagering incorporated therein, as defined in this Act, are
24 hereby authorized to the extent that they are carried out in
25 accordance with the provisions of this Act.
26 (b) This Act does not apply to the pari-mutuel system of
27 wagering used or intended to be used in connection with the
28 horse-race meetings as authorized under the Illinois Horse
29 Racing Act of 1975, lottery games authorized under the
30 Illinois Lottery Law, bingo authorized under the Bingo
31 License and Tax Act, charitable games authorized under the
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1 Charitable Games Act or pull tabs and jar games conducted
2 under the Illinois Pull Tabs and Jar Games Act.
3 (c) Riverboat gambling conducted pursuant to this Act
4 may be authorized upon any water navigable stream within the
5 State of Illinois or any water navigable stream other than
6 Lake Michigan which constitutes a boundary of the State of
7 Illinois. A licensee may conduct riverboat gambling
8 authorized under this Act regardless of whether it conducts
9 excursion cruises. A licensee may permit the continuous
10 ingress and egress of passengers for the purpose of gambling;
11 however, this Act does not authorize riverboat gambling
12 within a county having a population in excess of 3,000,000,
13 and this Act does not authorize riverboats conducting
14 gambling under this Act to dock at any location in a county
15 having a population in excess of 3,000,000.
16 (Source: P.A. 86-1029.)
17 (230 ILCS 10/4) (from Ch. 120, par. 2404)
18 Sec. 4. Definitions. As used in this Act:
19 (a) "Board" means the Illinois Gaming Board.
20 (b) "Occupational license" means a license issued by the
21 Board to a person or entity to perform an occupation which
22 the Board has identified as requiring a license to engage in
23 riverboat gambling in Illinois.
24 (c) "Gambling game" includes, but is not limited to,
25 baccarat, twenty-one, poker, craps, slot machine, video game
26 of chance, roulette wheel, klondike table, punchboard, faro
27 layout, keno layout, numbers ticket, push card, jar ticket,
28 or pull tab which is authorized by the Board as a wagering
29 device under this Act.
30 (d) "Riverboat" means a self-propelled excursion boat or
31 a permanently moored barge on which lawful gambling is
32 authorized and licensed as provided in this Act.
33 (e) (Blank). "Gambling excursion" means the time during
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1 which gambling games may be operated on a riverboat.
2 (f) "Dock" means the location where a an excursion
3 riverboat moors for the purpose of embarking passengers for
4 and disembarking passengers from the riverboat a gambling
5 excursion.
6 (g) "Gross receipts" means the total amount of money
7 exchanged for the purchase of chips, tokens or electronic
8 cards by riverboat patrons.
9 (h) "Adjusted gross receipts" means the gross receipts
10 less winnings paid to wagerers.
11 (i) "Cheat" means to alter the selection of criteria
12 which determine the result of a gambling game or the amount
13 or frequency of payment in a gambling game.
14 (j) "Department" means the Department of Revenue.
15 (k) "Gambling operation" means the conduct of authorized
16 gambling games upon a riverboat.
17 (Source: P.A. 86-1029; 86-1389; 87-826.)
18 (230 ILCS 10/5) (from Ch. 120, par. 2405)
19 Sec. 5. Gaming Board.
20 (a) (1) There is hereby established within the
21 Department of Revenue an Illinois Gaming Board which shall
22 have the powers and duties specified in this Act, and all
23 other powers necessary and proper to fully and effectively
24 execute this Act for the purpose of administering,
25 regulating, and enforcing the system of riverboat gambling
26 established by this Act. Its jurisdiction shall extend under
27 this Act to every person, association, corporation,
28 partnership and trust involved in riverboat gambling
29 operations in the State of Illinois.
30 (2) The Board shall consist of 5 members to be appointed
31 by the Governor with the advice and consent of the Senate,
32 one of whom shall be designated by the Governor to be
33 chairman. Each member shall have a reasonable knowledge of
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1 the practice, procedure and principles of gambling
2 operations. Each member shall either be a resident of
3 Illinois or shall certify that he will become a resident of
4 Illinois before taking office. At least one member shall be
5 experienced in law enforcement and criminal investigation, at
6 least one member shall be a certified public accountant
7 experienced in accounting and auditing, and at least one
8 member shall be a lawyer licensed to practice law in
9 Illinois.
10 (3) The terms of office of the Board members shall be 3
11 years, except that the terms of office of the initial Board
12 members appointed pursuant to this Act will commence from the
13 effective date of this Act and run as follows: one for a
14 term ending July 1, 1991, 2 for a term ending July 1, 1992,
15 and 2 for a term ending July 1, 1993. Upon the expiration of
16 the foregoing terms, the successors of such members shall
17 serve a term for 3 years and until their successors are
18 appointed and qualified for like terms. Vacancies in the
19 Board shall be filled for the unexpired term in like manner
20 as original appointments. Each member of the Board shall be
21 eligible for reappointment at the discretion of the Governor
22 with the advice and consent of the Senate.
23 (4) Each member of the Board shall receive $300 for each
24 day the Board meets and for each day the member conducts any
25 hearing pursuant to this Act. Each member of the Board shall
26 also be reimbursed for all actual and necessary expenses and
27 disbursements incurred in the execution of official duties.
28 (5) No person shall be appointed a member of the Board
29 or continue to be a member of the Board who is, or whose
30 spouse, child or parent is, a member of the board of
31 directors of, or a person financially interested in, any
32 gambling operation subject to the jurisdiction of this Board,
33 or any race track, race meeting, racing association or the
34 operations thereof subject to the jurisdiction of the
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1 Illinois Racing Board. No Board member shall hold any other
2 public office for which he shall receive compensation other
3 than necessary travel or other incidental expenses. No
4 person shall be a member of the Board who is not of good
5 moral character or who has been convicted of, or is under
6 indictment for, a felony under the laws of Illinois or any
7 other state, or the United States.
8 (6) Any member of the Board may be removed by the
9 Governor for neglect of duty, misfeasance, malfeasance, or
10 nonfeasance in office.
11 (7) Before entering upon the discharge of the duties of
12 his office, each member of the Board shall take an oath that
13 he will faithfully execute the duties of his office according
14 to the laws of the State and the rules and regulations
15 adopted therewith and shall give bond to the State of
16 Illinois, approved by the Governor, in the sum of $25,000.
17 Every such bond, when duly executed and approved, shall be
18 recorded in the office of the Secretary of State. Whenever
19 the Governor determines that the bond of any member of the
20 Board has become or is likely to become invalid or
21 insufficient, he shall require such member forthwith to renew
22 his bond, which is to be approved by the Governor. Any
23 member of the Board who fails to take oath and give bond
24 within 30 days from the date of his appointment, or who fails
25 to renew his bond within 30 days after it is demanded by the
26 Governor, shall be guilty of neglect of duty and may be
27 removed by the Governor. The cost of any bond given by any
28 member of the Board under this Section shall be taken to be a
29 part of the necessary expenses of the Board.
30 (8) Upon the request of the Board, the Department shall
31 employ such personnel as may be necessary to carry out the
32 functions of the Board. No person shall be employed to serve
33 the Board who is, or whose spouse, parent or child is, an
34 official of, or has a financial interest in or financial
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1 relation with, any operator engaged in gambling operations
2 within this State or any organization engaged in conducting
3 horse racing within this State. Any employee violating these
4 prohibitions shall be subject to termination of employment.
5 (9) An Administrator shall perform any and all duties
6 that the Board shall assign him. The salary of the
7 Administrator shall be determined by the Board and approved
8 by the Director of the Department and, in addition, he shall
9 be reimbursed for all actual and necessary expenses incurred
10 by him in discharge of his official duties. The
11 Administrator shall keep records of all proceedings of the
12 Board and shall preserve all records, books, documents and
13 other papers belonging to the Board or entrusted to its care.
14 The Administrator shall devote his full time to the duties of
15 the office and shall not hold any other office or employment.
16 (b) The Board shall have general responsibility for the
17 implementation of this Act. Its duties include, without
18 limitation, the following:
19 (1) To decide promptly and in reasonable order all
20 license applications. Any party aggrieved by an action of
21 the Board denying, suspending, revoking, restricting or
22 refusing to renew a license may request a hearing before
23 the Board. A request for a hearing must be made to the
24 Board in writing within 5 days after service of notice of
25 the action of the Board. Notice of the action of the
26 Board shall be served either by personal delivery or by
27 certified mail, postage prepaid, to the aggrieved party.
28 Notice served by certified mail shall be deemed complete
29 on the business day following the date of such mailing.
30 The Board shall conduct all requested hearings promptly
31 and in reasonable order;
32 (2) To conduct all hearings pertaining to civil
33 violations of this Act or rules and regulations
34 promulgated hereunder;
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1 (3) To promulgate such rules and regulations as in
2 its judgment may be necessary to protect or enhance the
3 credibility and integrity of gambling operations
4 authorized by this Act and the regulatory process
5 hereunder;
6 (4) To provide for the establishment and collection
7 of all license and registration fees and taxes imposed by
8 this Act and the rules and regulations issued pursuant
9 hereto. All such fees and taxes shall be deposited into
10 the State Gaming Fund;
11 (5) To provide for the levy and collection of
12 penalties and fines for the violation of provisions of
13 this Act and the rules and regulations promulgated
14 hereunder. All such fines and penalties shall be
15 deposited into the Education Assistance Fund, created by
16 Public Act 86-0018, of the State of Illinois;
17 (6) To be present through its inspectors and agents
18 any time gambling operations are conducted on any
19 riverboat for the purpose of certifying the revenue
20 thereof, receiving complaints from the public, and
21 conducting such other investigations into the conduct of
22 the gambling games and the maintenance of the equipment
23 as from time to time the Board may deem necessary and
24 proper;
25 (7) To review and rule upon any complaint by a
26 licensee regarding any investigative procedures of the
27 State which are unnecessarily disruptive of gambling
28 operations. The need to inspect and investigate shall be
29 presumed at all times. The disruption of a licensee's
30 operations shall be proved by clear and convincing
31 evidence, and establish that: (A) the procedures had no
32 reasonable law enforcement purposes, and (B) the
33 procedures were so disruptive as to unreasonably inhibit
34 gambling operations;
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1 (8) To hold at least one meeting each quarter of
2 the fiscal year. In addition, special meetings may be
3 called by the Chairman or any 2 Board members upon 72
4 hours written notice to each member. All Board meetings
5 shall be subject to the Open Meetings Act. Three members
6 of the Board shall constitute a quorum, and 3 votes shall
7 be required for any final determination by the Board.
8 The Board shall keep a complete and accurate record of
9 all its meetings. A majority of the members of the Board
10 shall constitute a quorum for the transaction of any
11 business, for the performance of any duty, or for the
12 exercise of any power which this Act requires the Board
13 members to transact, perform or exercise en banc, except
14 that, upon order of the Board, one of the Board members
15 or an administrative law judge designated by the Board
16 may conduct any hearing provided for under this Act or by
17 Board rule and may recommend findings and decisions to
18 the Board. The Board member or administrative law judge
19 conducting such hearing shall have all powers and rights
20 granted to the Board in this Act. The record made at the
21 time of the hearing shall be reviewed by the Board, or a
22 majority thereof, and the findings and decision of the
23 majority of the Board shall constitute the order of the
24 Board in such case;
25 (9) To maintain records which are separate and
26 distinct from the records of any other State board or
27 commission. Such records shall be available for public
28 inspection and shall accurately reflect all Board
29 proceedings;
30 (10) To file a written annual report with the
31 Governor on or before March 1 each year and such
32 additional reports as the Governor may request. The
33 annual report shall include a statement of receipts and
34 disbursements by the Board, actions taken by the Board,
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1 and any additional information and recommendations which
2 the Board may deem valuable or which the Governor may
3 request;
4 (11) (Blank) To review the patterns of wagering and
5 wins and losses by persons on riverboat gambling
6 operations under this Act, and make recommendation to the
7 Governor and the General Assembly, by January 31, 1992,
8 as to whether limits on wagering losses should be imposed
9 To authorize the routes of a
7 riverboat and the stops which a riverboat may make.
8 (15) To suspend, revoke or restrict licenses, to
9 require the removal of a licensee or an employee of a
10 licensee for a violation of this Act or a Board rule or
11 for engaging in a fraudulent practice, and to impose
12 civil penalties of up to $5,000 against individuals and
13 up to $10,000 or an amount equal to the daily gross
14 receipts, whichever is larger, against licensees for each
15 violation of any provision of the Act, any rules adopted
16 by the Board, any order of the Board or any other action
17 which, in the Board's discretion, is a detriment or
18 impediment to riverboat gambling operations.
19 (16) To hire employees to gather information,
20 conduct investigations and carry out any other tasks
21 contemplated under this Act.
22 (17) To establish minimum levels of insurance to be
23 maintained by licensees.
24 (18) To authorize a licensee to sell or serve
25 alcoholic liquors, wine or beer as defined in the Liquor
26 Control Act of 1934 on board a riverboat and to have
27 exclusive authority to establish the hours for sale and
28 consumption of alcoholic liquor on board a riverboat,
29 notwithstanding any provision of the Liquor Control Act
30 of 1934 or any local ordinance, and regardless of whether
31 the riverboat makes excursions. The establishment of the
32 hours for sale and consumption of alcoholic liquor on
33 board a riverboat is an exclusive power and function of
34 the State. A home rule unit may not establish the hours
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1 for sale and consumption of alcoholic liquor on board a
2 riverboat. This amendatory Act of 1991 is a denial and
3 limitation of home rule powers and functions under
4 subsection (h) of Section 6 of Article VII of the
5 Illinois Constitution.
6 (19) After consultation with the U.S. Army Corps of
7 Engineers, to establish binding emergency orders upon the
8 concurrence of a majority of the members of the Board
9 regarding the navigability of water, relative to
10 excursions, rivers in the event of extreme weather
11 conditions, acts of God or other extreme circumstances.
12 (20) To delegate the execution of any of its powers
13 under this Act for the purpose of administering and
14 enforcing this Act and its rules and regulations
15 hereunder.
16 (21) To take any other action as may be reasonable
17 or appropriate to enforce this Act and rules and
18 regulations hereunder.
19 (d) The Board may seek and shall receive the cooperation
20 of the Department of State Police in conducting background
21 investigations of applicants and in fulfilling its
22 responsibilities under this Section. Costs incurred by the
23 Department of State Police as a result of such cooperation
24 shall be paid by the Board in conformance with the
25 requirements of subsection 22 of Section 55a of The Civil
26 Administrative Code of Illinois.
27 (Source: P.A. 86-1029; 86-1389; 87-826.)
28 (230 ILCS 10/6) (from Ch. 120, par. 2406)
29 Sec. 6. Application for Owners License.
30 (a) A qualified person may apply to the Board for an
31 owners license to conduct a riverboat gambling operation as
32 provided in this Act. The application shall be made on forms
33 provided by the Board and shall contain such information as
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1 the Board prescribes, including but not limited to the
2 identity of the riverboat on which such gambling operation is
3 to be conducted and the exact location where such riverboat
4 will be docked, a certification that the riverboat will be
5 registered under this Act at all times during which gambling
6 operations are conducted on board, detailed information
7 regarding the ownership and management of the applicant, and
8 detailed personal information regarding the applicant.
9 Information provided on the application shall be used as a
10 basis for a thorough background investigation which the Board
11 shall conduct with respect to each applicant. An incomplete
12 application shall be cause for denial of a license by the
13 Board.
14 (b) Applicants shall submit with their application all
15 documents, resolutions, and letters of support from the
16 governing body that represents the municipality or county
17 wherein the licensee will dock.
18 (c) Each applicant shall disclose the identity of every
19 person, association, trust or corporation having a greater
20 than 1% direct or indirect pecuniary interest in the
21 riverboat gambling operation with respect to which the
22 license is sought. If the disclosed entity is a trust, the
23 application shall disclose the names and addresses of the
24 beneficiaries; if a corporation, the names and addresses of
25 all stockholders and directors; if a partnership, the names
26 and addresses of all partners, both general and limited.
27 (d) An application shall be filed with the Board by
28 January 1 of the year preceding any calendar year for which
29 an applicant seeks an owners license; however, applications
30 for an owners license permitting operations on January 1,
31 1991 shall be filed by July 1, 1990. An application fee of
32 $50,000 shall be paid at the time of filing to defray the
33 costs associated with the background investigation conducted
34 by the Board. If the costs of the investigation exceed
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1 $50,000, the applicant shall pay the additional amount to the
2 Board. If the costs of the investigation are less than
3 $50,000, the applicant shall receive a refund of the
4 remaining amount. All information, records, interviews,
5 reports, statements, memoranda or other data supplied to or
6 used by the Board in the course of its review or
7 investigation of an application for a license under this Act
8 shall be privileged, strictly confidential and shall be used
9 only for the purpose of evaluating an applicant. Such
10 information, records, interviews, reports, statements,
11 memoranda or other data shall not be admissible as evidence,
12 nor discoverable in any action of any kind in any court or
13 before any tribunal, board, agency or person, except for any
14 action deemed necessary by the Board.
15 (e) The Board shall charge each applicant a fee set by
16 the Department of State Police to defray the costs associated
17 with the search and classification of fingerprints obtained
18 by the Board with respect to the applicant's application.
19 These fees shall be paid into the State Police Services Fund.
20 (f) The licensed owner shall be the person primarily
21 responsible for the boat itself. Only one riverboat gambling
22 operation may be authorized by the Board on any riverboat.
23 The applicant must identify each riverboat it intends to use
24 and certify that the riverboat: (1) has the authorized
25 capacity required in this Act; (2) is accessible to disabled
26 persons; and (3) is either a replica of a 19th century
27 Illinois riverboat or of a casino cruise ship design; and (4)
28 the person, firm or corporation owns
28 more than a 10% ownership interest in any entity holding
29 an owners license issued under this Act; or
30 (8) a license of the person, firm or corporation
31 issued under this Act, or a license to own or operate
32 gambling facilities in any other jurisdiction, has been
33 revoked.
34 (b) In determining whether to grant an owners license to
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1 an applicant, the Board shall consider:
2 (1) the character, reputation, experience and
3 financial integrity of the applicants and of any other or
4 separate person that either:
5 (A) controls, directly or indirectly, such
6 applicant, or
7 (B) is controlled, directly or indirectly, by
8 such applicant or by a person which controls,
9 directly or indirectly, such applicant;
10 (2) the facilities or proposed facilities for the
11 conduct of riverboat gambling;
12 (3) the highest prospective total revenue to be
13 derived by the State from the conduct of riverboat
14 gambling;
15 (4) the good faith affirmative action plan of each
16 applicant to recruit, train and upgrade minorities in all
17 employment classifications;
18 (5) the financial ability of the applicant to
19 purchase and maintain adequate liability and casualty
20 insurance;
21 (6) whether the applicant has adequate
22 capitalization to provide and maintain, for the duration
23 of a license, a riverboat; and
24 (7) the extent to which the applicant exceeds or
25 meets other standards for the issuance of an owners
26 license which the Board may adopt by rule.
27 (c) Each owners license shall specify the place where
28 riverboats shall operate and dock.
29 (d) Each applicant shall submit with his application, on
30 forms provided by the Board, 2 sets of his fingerprints.
31 (e) The Board may issue up to 10 licenses authorizing
32 the holders of such licenses to own riverboats. In the
33 application for an owners license, the applicant shall state
34 the dock at which the riverboat is based and the water
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1 navigable stream on which the riverboat will be located
2 operate. The Board shall issue 5 licenses to become effective
3 not earlier than January 1, 1991. Three Four of such
4 licenses shall authorize riverboat gambling on the
5 Mississippi River, one of which shall authorize riverboat
6 gambling from a home dock in the city of East St. Louis. One
7 The other license shall authorize riverboat gambling on the
8 Illinois River south of Marshall County. The Board shall
9 issue 1 additional license to become effective not earlier
10 than March 1, 1992, which shall authorize riverboat gambling
11 on the Des Plaines River in Will County. The Board may issue
12 4 additional licenses to become effective not earlier than
13 March 1, 1992. In determining the water navigable streams
14 upon which riverboats will operate with licenses effective on
15 or after March 1, 1992, the Board shall consider the economic
16 benefit which riverboat gambling confers on the State, and
17 shall seek to assure that all regions of the State share in
18 the economic benefits of riverboat gambling.
19 In granting all licenses, the Board may give favorable
20 consideration to economically depressed areas of the State,
21 to applicants presenting plans which provide for significant
22 economic development over a large geographic area, and to
23 applicants who currently operate non-gambling riverboats in
24 Illinois. The Board shall review all applications for owners
25 licenses, and shall inform each applicant of the Board's
26 decision.
27 The Board may revoke the owners license of a licensee
28 which fails to begin conducting gambling regular riverboat
29 cruises within 15 12 months of receipt of the Board's
30 approval of the application if the Board determines that
31 license revocation is in the best interests of the State.
32 (f) The first 10 owners licenses issued under this Act
33 shall permit the holder to own up to 2 riverboats and
34 equipment thereon for a period of 3 years after the effective
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1 date of the license. Holders of the first 10 owners licenses
2 must pay the annual license fee for each of the 3 years
3 during which they are authorized to own riverboats.
4 (g) Upon the termination, expiration, or revocation of
5 each of the first 10 licenses, which shall be issued for a 3
6 year period, all licenses are renewable annually upon payment
7 of the fee and a determination by the Board that the licensee
8 continues to meet all of the requirements of this Act and the
9 Board's rules. However, for licenses renewed on or after May
10 1, 1998, renewal shall be for a period of 4 years, unless the
11 Board sets a shorter period.
12 (h) An owners license shall entitle the licensee to own
13 up to 2 riverboats. A licensee shall limit the number of
14 gambling participants to 1,200 for any such owners license. A
15 licensee may operate both of its riverboats concurrently,
16 provided that the total number of gambling participants on
17 both riverboats does not exceed 1,200. Riverboats licensed to
18 operate on the Mississippi River and the Illinois River south
19 of Marshall County shall have an authorized capacity of at
20 least 500 persons. Any other riverboat licensed under this
21 Act shall have an authorized capacity of at least 400
22 persons.
23 (i) A licensed owner is authorized to apply to the Board
24 for and, if approved therefor, to receive all licenses from
25 the Board necessary for the operation of a riverboat,
26 including a liquor license, a license to prepare and serve
27 food for human consumption, and other necessary licenses.
28 All use, occupation and excise taxes which apply to the sale
29 of food and beverages in this State and all taxes imposed on
30 the sale or use of tangible personal property apply to such
31 sales aboard the riverboat.
32 (j) None of the first 5 licenses issued by the Board to
33 become effective not earlier than January 1, 1991 shall
34 authorize a riverboat to dock in a municipality with a
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1 population of under 2,000; however, this restriction does not
2 apply to any additional licenses issued by the Board to
3 become effective not earlier than March 1, 1992. The Board
4 may issue a license authorizing a riverboat to dock in a
5 municipality or approve a relocation under Section 11.2 only
6 if, prior to the issuance of the license or approval, the
7 governing body of the municipality in which the riverboat
8 will dock has by a majority vote approved the docking of
9 riverboats in the municipality. The Board may issue a
10 license authorizing a riverboat to dock in areas of a county
11 outside any municipality or approve a relocation under
12 Section 11.2 only if, prior to the issuance of the license or
13 approval, the governing body of the county has by a majority
14 vote approved of the docking of riverboats within such areas.
15 (k) Nothing in this Act shall be interpreted to prohibit
16 a licensed owner from operating a school for the training of
17 any occupational licensee.
18 (Source: P.A. 86-1029; 86-1389; 86-1475; 87-826.)
19 (230 ILCS 10/11) (from Ch. 120, par. 2411)
20 Sec. 11. Conduct of gambling.
21 (a) Gambling may be conducted by licensed owners aboard
22 riverboats, subject to the following standards:
23 (1) A licensee may conduct riverboat gambling
24 authorized under this Act regardless of whether it
25 conducts excursion cruises. A licensee may permit the
26 continuous ingress and egress of passengers for the
27 purpose of gambling No gambling may be conducted while a
28 riverboat is docked.
29 (2) (Blank). Riverboat cruises may not exceed 4
30 hours for a round trip, with the exception of any
31 extended cruises, each of which shall be expressly
32 approved by the Board.
33 (3) Minimum and maximum wagers on games shall be
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1 set by the licensee.
2 (4) Agents of the Board and the Department of State
3 Police may board and inspect any riverboat at any time
4 for the purpose of determining whether this Act is being
5 complied with. Every riverboat, if under way and being
6 hailed by a law enforcement officer or agent of the
7 Board, must stop immediately and lay to.
8 (5) Employees of the Board shall have the right to
9 be present on the riverboat or on adjacent facilities
10 under the control of the licensee.
11 (6) Gambling equipment and supplies customarily
12 used in conducting riverboat gambling must be purchased
13 or leased only from suppliers licensed for such purpose
14 under this Act.
15 (7) Persons licensed under this Act shall permit no
16 form of wagering on gambling games except as permitted by
17 this Act.
18 (8) Wagers may be received only from a person
19 present on a licensed riverboat. No person present on a
20 licensed riverboat shall place or attempt to place a
21 wager on behalf of another person who is not present on
22 the riverboat.
23 (9) Wagering shall not be conducted with money or
24 other negotiable currency.
25 (10) A person under age 21 shall not be permitted
26 on an area of a riverboat where gambling is being
27 conducted, except for a person at least 18 years of age
28 who is an employee of the riverboat gambling operation.
29 No employee under age 21 shall perform any function
30 involved in gambling by the patrons. No person under age
31 21 shall be permitted to make a wager under this Act.
32 (11) Gambling excursion cruises are permitted only
33 when the waterway navigable stream for which the
34 riverboat is licensed is navigable, as determined by the
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1 Board in consultation with the U.S. Army Corps of
2 Engineers. This paragraph (11) does not limit the ability
3 of a licensee to conduct gambling authorized under this
4 Act when gambling excursion cruises are not permitted.
5 (12) All tokens, chips or electronic cards used to
6 make wagers must be purchased from a licensed owner
7 either aboard a riverboat or at an onshore facility which
8 has been approved by the Board and which is located where
9 the riverboat docks. The tokens, chips or electronic
10 cards may be purchased by means of an agreement under
11 which the owner extends credit to the patron. Such
12 tokens, chips or electronic cards may be used while
13 aboard the riverboat only for the purpose of making
14 wagers on gambling games.
15 (13) Notwithstanding any other Section of this Act,
16 in addition to the other licenses authorized under this
17 Act, the Board may issue special event licenses allowing
18 persons who are not otherwise licensed to conduct
19 riverboat gambling to conduct such gambling on a
20 specified date or series of dates. Riverboat gambling
21 under such a license may take place on a riverboat not
22 normally used for riverboat gambling. The Board shall
23 establish standards, fees and fines for, and limitations
24 upon, such licenses, which may differ from the standards,
25 fees, fines and limitations otherwise applicable under
26 this Act. All such fees shall be deposited into the
27 State Gaming Fund. All such fines shall be deposited
28 into the Education Assistance Fund, created by Public Act
29 86-0018, of the State of Illinois.
30 (14) In addition to the above, gambling must be
31 conducted in accordance with all rules adopted by the
32 Board.
33 (Source: P.A. 86-1029; 86-1389; 87-826.)
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1 (230 ILCS 10/11.2 new)
2 Sec. 11.2. Relocation of riverboat home dock.
3 (a) A licensee that was not conducting riverboat
4 gambling on January 1, 1998 may apply to the Board for
5 renewal and approval of relocation to a new home dock
6 location authorized under Section 3(c) and the Board shall
7 grant the application and approval upon receipt by the
8 licensee of approval from the new municipality or county, as
9 the case may be, in which the licensee wishes to relocate
10 pursuant to Section 7(j).
11 (b) Any licensee that relocates its home dock pursuant
12 to this Section shall attain a level of at least 20% minority
13 or female ownership within a time period prescribed by the
14 Board. For the purposes of this Section, the terms "female"
15 and "minority person" have the meanings provided in Section 2
16 of the Business Enterprise for Minorities, Females, and
17 Persons with Disabilities for Minorities Act.
18 (230 ILCS 10/12) (from Ch. 120, par. 2412)
19 Sec. 12. Admission tax; fees.
20 (a) A tax is hereby imposed upon admissions to gambling
21 excursions authorized pursuant to this Act at a rate of $2
22 per person admitted. This admission tax is imposed upon the
23 licensed owner conducting the gambling excursion.
24 (1) If tickets are issued which are good for more
25 than one gambling excursion, The admission tax shall be
26 paid for each admission person using the ticket on each
27 gambling excursion for which the ticket is used.
28 (2) (Blank). If free passes or complimentary
29 admission tickets are issued, the licensee shall pay the
30 same tax upon these passes or complimentary tickets as if
31 they were sold at the regular and usual admission rate.
32 (3) The riverboat licensee may issue tax-free
33 passes to actual and necessary officials and employees of
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1 the licensee or other persons actually working on the
2 riverboat.
3 (4) The number and issuance of tax-free passes is
4 subject to the rules of the Board, and a list of all
5 persons to whom the tax-free passes are issued shall be
6 filed with the Board.
7 (b) From the $2 tax imposed under subsection (a), a
8 municipality shall receive from the State $1 for each person
9 embarking on a riverboat docked within the municipality, and
10 a county shall receive $1 for each person embarking on a
11 riverboat docked within the county but outside the boundaries
12 of any municipality. The municipality's or county's share
13 shall be collected by the Board on behalf of the State and
14 remitted quarterly by the State, subject to appropriation, to
15 the treasurer of the unit of local government for deposit in
16 the general fund.
17 (c) The licensed owner shall pay the entire admission
18 tax to the Board. Such payments shall be made daily.
19 Accompanying each payment shall be a return on forms provided
20 by the Board which shall include other information regarding
21 admissions as the Board may require. Failure to submit
22 either the payment or the return within the specified time
23 may result in suspension or revocation of the owners license.
24 (d) The Board shall administer and collect the admission
25 tax imposed by this Section, to the extent practicable, in a
26 manner consistent with the provisions of Sections 4, 5, 5a,
27 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9 and 10 of
28 the Retailers' Occupation Tax Act and Section 3-7 of the
29 Uniform Penalty and Interest Act.
30 (Source: P.A. 86-1029; 86-1389; 87-205; 87-895.)
31 (230 ILCS 10/13) (from Ch. 120, par. 2413)
32 Sec. 13. Wagering tax; rate; distribution.
33 (a) Until January 1, 1998, a tax is imposed on the
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1 adjusted gross receipts received from gambling games
2 authorized under this Act at the rate of 20%.
3 Beginning January 1, 1998, a privilege tax is imposed on
4 persons engaged in the business of conducting riverboat
5 gambling operations, based on the adjusted gross receipts
6 received by a licensed owner from gambling games authorized
7 under this Act at the following rates:
8 15% of annual adjusted gross receipts up to and
9 including $25,000,000;
10 20% of annual adjusted gross receipts in excess of
11 $25,000,000 but not exceeding $50,000,000;
12 25% of annual adjusted gross receipts in excess of
13 $50,000,000 but not exceeding $75,000,000;
14 30% of annual adjusted gross receipts in excess of
15 $75,000,000 but not exceeding $100,000,000;
16 35% of annual adjusted gross receipts in excess of
17 $100,000,000.
18 The taxes imposed by this Section shall be paid by the
19 licensed owner to the Board not later than 3:00 o'clock p.m.
20 of the day after the day when the wagers were made.
21 (b) Until January 1, 1998, 25% of the tax revenue
22 deposited in the State Gaming Fund under this Section shall
23 be paid, subject to appropriation by the General Assembly, to
24 the unit of local government which is designated as the home
25 dock of the riverboat. Beginning January 1, 1998, from the
26 tax revenue deposited in the State Gaming Fund under this
27 Section, an amount equal to 5% of adjusted gross receipts
28 generated by a riverboat shall be paid monthly, subject to
29 appropriation by the General Assembly, to the unit of local
30 government that is designated as the home dock of the
31 riverboat.
32 (c) Appropriations, as approved by the General Assembly,
33 may be made from the State Gaming Fund to the Department of
34 Revenue and the Department of State Police for the
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1 administration and enforcement of this Act.
2 (c-5) After the payments required under subsections (b)
3 and (c) have been made, an amount equal to 15% of the
4 adjusted gross receipts of a riverboat (1) that relocates
5 pursuant to Section 11.2, or (2) for which an owners license
6 is initially issued after the effective date of this
7 amendatory Act of 1999, whichever comes first, shall be paid
8 from the State Gaming Fund into the Horse Racing Equity Fund.
9 (c-10) Each year the General Assembly shall appropriate
10 from the General Revenue Fund to the Education Assistance
11 Fund an amount equal to the amount paid into the Horse Racing
12 Equity Fund pursuant to subsection (c-5) in the prior
13 calendar year.
14 (c-15) After the payments required under subsections
15 (b), (c), and (c-5) have been made, an amount equal to 2% of
16 the adjusted gross receipts of a riverboat (1) that relocates
17 pursuant to Section 11.2, or (2) for which an owners license
18 is initially issued after the effective date of this
19 amendatory Act of 1999, whichever comes first, shall be paid,
20 subject to appropriation from the General Assembly, from the
21 State Gaming Fund to each home rule county with a population
22 of over 3,000,000 inhabitants for the purpose of enhancing
23 the county's criminal justice system.
24 (c-20) Each year the General Assembly shall appropriate
25 from the General Revenue Fund to the Education Assistance
26 Fund an amount equal to the amount paid to each home rule
27 county with a population of over 3,000,000 inhabitants
28 pursuant to subsection (c-15) in the prior calendar year.
29 (c-25) After the payments required under subsections
30 (b), (c), (c-5) and (c-15) have been made, an amount equal to
31 2% of the adjusted gross receipts of a riverboat (1) that
32 relocates pursuant to Section 11.2, or (2) for which an
33 owners license is initially issued after the effective date
34 of this amendatory Act of 1999, whichever comes first, shall
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1 be paid from the State Gaming Fund into the State
2 Universities Athletic Capital Improvement Fund.
3 (d) From time to time, the Board shall transfer the
4 remainder of the funds generated by this Act into the
5 Education Assistance Fund, created by Public Act 86-0018, of
6 the State of Illinois.
7 (e) Nothing in this Act shall prohibit the unit of local
8 government designated as the home dock of the riverboat from
9 entering into agreements with other units of local government
10 in this State or in other states to share its portion of the
11 tax revenue.
12 (f) To the extent practicable, the Board shall
13 administer and collect the wagering taxes imposed by this
14 Section in a manner consistent with the provisions of
15 Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
16 6c, 8, 9, and 10 of the Retailers' Occupation Tax Act and
17 Section 3-7 of the Uniform Penalty and Interest Act.
18 (Source: P.A. 89-21, eff. 7-1-95; 90-548, eff. 12-4-97.)
19 (230 ILCS 10/18) (from Ch. 120, par. 2418)
20 Sec. 18. Prohibited Activities - Penalty.
21 (a) A person is guilty of a Class A misdemeanor for
22 doing any of the following:
23 (1) Conducting Operating a gambling excursion where
24 wagering is used or to be used without a license issued
25 by the Board.
26 (2) Conducting Operating a gambling excursion where
27 wagering is permitted other than in the manner specified
28 by Section 11.
29 (b) A person is guilty of a Class B misdemeanor for
30 doing any of the following:
31 (1) permitting a person under 21 years to make a
32 wager; or
33 (2) violating paragraph (12) of subsection (a) of
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1 Section 11 of this Act.
2 (c) A person wagering or accepting a wager at any
3 location outside the riverboat is subject to the penalties in
4 paragraphs (1) or (2) of subsection (a) of Section 28-1 of
5 the Criminal Code of 1961.
6 (d) A person commits a Class 4 felony and, in addition,
7 shall be barred for life from riverboats under the
8 jurisdiction of the Board, if the person does any of the
9 following:
10 (1) Offers, promises, or gives anything of value or
11 benefit to a person who is connected with a riverboat
12 owner including, but not limited to, an officer or
13 employee of a licensed owner or holder of an occupational
14 license pursuant to an agreement or arrangement or with
15 the intent that the promise or thing of value or benefit
16 will influence the actions of the person to whom the
17 offer, promise, or gift was made in order to affect or
18 attempt to affect the outcome of a gambling game, or to
19 influence official action of a member of the Board.
20 (2) Solicits or knowingly accepts or receives a
21 promise of anything of value or benefit while the person
22 is connected with a riverboat including, but not limited
23 to, an officer or employee of a licensed owner, or holder
24 of an occupational license, pursuant to an understanding
25 or arrangement or with the intent that the promise or
26 thing of value or benefit will influence the actions of
27 the person to affect or attempt to affect the outcome of
28 a gambling game, or to influence official action of a
29 member of the Board.
30 (3) Uses or possesses with the intent to use a
31 device to assist:
32 (i) In projecting the outcome of the game.
33 (ii) In keeping track of the cards played.
34 (iii) In analyzing the probability of the
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1 occurrence of an event relating to the gambling
2 game.
3 (iv) In analyzing the strategy for playing or
4 betting to be used in the game except as permitted
5 by the Board.
6 (4) Cheats at a gambling game.
7 (5) Manufactures, sells, or distributes any cards,
8 chips, dice, game or device which is intended to be used
9 to violate any provision of this Act.
10 (6) Alters or misrepresents the outcome of a
11 gambling game on which wagers have been made after the
12 outcome is made sure but before it is revealed to the
13 players.
14 (7) Places a bet after acquiring knowledge, not
15 available to all players, of the outcome of the gambling
16 game which is subject of the bet or to aid a person in
17 acquiring the knowledge for the purpose of placing a bet
18 contingent on that outcome.
19 (8) Claims, collects, or takes, or attempts to
20 claim, collect, or take, money or anything of value in or
21 from the gambling games, with intent to defraud, without
22 having made a wager contingent on winning a gambling
23 game, or claims, collects, or takes an amount of money or
24 thing of value of greater value than the amount won.
25 (9) Uses counterfeit chips or tokens in a gambling
26 game.
27 (10) Possesses any key or device designed for the
28 purpose of opening, entering, or affecting the operation
29 of a gambling game, drop box, or an electronic or
30 mechanical device connected with the gambling game or for
31 removing coins, tokens, chips or other contents of a
32 gambling game. This paragraph (10) does not apply to a
33 gambling licensee or employee of a gambling licensee
34 acting in furtherance of the employee's employment.
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1 (e) The possession of more than one of the devices
2 described in subsection (d), paragraphs (3), (5) or (10)
3 permits a rebuttable presumption that the possessor intended
4 to use the devices for cheating.
5 An action to prosecute any crime occurring on a riverboat
6 during a gambling excursion shall be tried in the county of
7 the dock at which the riverboat is based.
8 (Source: P.A. 86-1029; 87-826.)
9 (30 ILCS 105/5.26b rep.)
10 (30 ILCS 105/5.211 rep.)
11 Section 20. The State Finance Act is amended by
12 repealing Sections 5.26b and 5.211.
13 (230 ILCS 5/20.5 rep.)
14 (230 ILCS 5/26.6 rep.)
15 Section 25. The Illinois Horse Racing Act of 1975 is
16 amended by repealing Sections 20.5 and 26.6.
17 Section 30. Inseverability. The provisions of this Act
18 are mutually dependent and inseverable. If any provision is
19 held invalid other than as applied to a particular person or
20 circumstance, then this entire Act is invalid.
21 Section 99. Effective date. This Act takes effect upon
22 becoming law, except that Sections 12 and 20 take effect
23 January 1, 2000.".