95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB3440

 

Introduced 2/27/2007, by Rep. Robert S. Molaro

 

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

    Amends the Illinois Horse Racing Act of 1975. Provides that the sum held by any licensee for payment of outstanding vouchers, if unclaimed prior to December 31 of the next year, shall be retained by the licensee for payment of such vouchers until that date. Provides that the unclaimed amounts shall be paid to the Illinois Veterans' Rehabilitation Fund. Effective immediately.


LRB095 11145 AMC 31485 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3440 LRB095 11145 AMC 31485 b

1     AN ACT concerning gaming.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Horse Racing Act of 1975 is amended
5 by changing Section 26 as follows:
 
6     (230 ILCS 5/26)  (from Ch. 8, par. 37-26)
7     Sec. 26. Wagering.
8     (a) Any licensee may conduct and supervise the pari-mutuel
9 system of wagering, as defined in Section 3.12 of this Act, on
10 horse races conducted by an Illinois organization licensee or
11 conducted at a racetrack located in another state or country
12 and televised in Illinois in accordance with subsection (g) of
13 Section 26 of this Act. Subject to the prior consent of the
14 Board, licensees may supplement any pari-mutuel pool in order
15 to guarantee a minimum distribution. Such pari-mutuel method of
16 wagering shall not, under any circumstances if conducted under
17 the provisions of this Act, be held or construed to be
18 unlawful, other statutes of this State to the contrary
19 notwithstanding. Subject to rules for advance wagering
20 promulgated by the Board, any licensee may accept wagers in
21 advance of the day of the race wagered upon occurs.
22     (b) No other method of betting, pool making, wagering or
23 gambling shall be used or permitted by the licensee. Each

 

 

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

 

 

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1 remaining unclaimed, less any uncashed supplements contributed
2 by such licensee for the purpose of guaranteeing minimum
3 distributions of any pari-mutuel pool, shall be evenly
4 distributed to the purse account of the organization licensee
5 and the organization licensee.
6     (c-10) Beginning on the effective date of this amendatory
7 Act of the 95th General Assembly, the sum held by any licensee
8 for payment of outstanding vouchers, if unclaimed prior to
9 December 31 of the next year, shall be retained by the licensee
10 for payment of such vouchers until that date. Within 10 days
11 thereafter, the balance of such sum remaining unclaimed shall
12 be paid to the Illinois Veterans' Rehabilitation Fund.
13     (d) A pari-mutuel ticket shall be honored until December 31
14 of the next calendar year, and the licensee shall pay the same
15 and may charge the amount thereof against unpaid money
16 similarly accumulated on account of pari-mutuel tickets not
17 presented for payment.
18     (e) No licensee shall knowingly permit any minor, other
19 than an employee of such licensee or an owner, trainer, jockey,
20 driver, or employee thereof, to be admitted during a racing
21 program unless accompanied by a parent or guardian, or any
22 minor to be a patron of the pari-mutuel system of wagering
23 conducted or supervised by it. The admission of any
24 unaccompanied minor, other than an employee of the licensee or
25 an owner, trainer, jockey, driver, or employee thereof at a
26 race track is a Class C misdemeanor.

 

 

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

 

 

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1 established by other states.
2     (g) A host track may accept interstate simulcast wagers on
3 horse races conducted in other states or countries and shall
4 control the number of signals and types of breeds of racing in
5 its simulcast program, subject to the disapproval of the Board.
6 The Board may prohibit a simulcast program only if it finds
7 that the simulcast program is clearly adverse to the integrity
8 of racing. The host track simulcast program shall include the
9 signal of live racing of all organization licensees. All
10 non-host licensees shall carry the host track simulcast program
11 and accept wagers on all races included as part of the
12 simulcast program upon which wagering is permitted. The costs
13 and expenses of the host track and non-host licensees
14 associated with interstate simulcast wagering, other than the
15 interstate commission fee, shall be borne by the host track and
16 all non-host licensees incurring these costs. The interstate
17 commission fee shall not exceed 5% of Illinois handle on the
18 interstate simulcast race or races without prior approval of
19 the Board. The Board shall promulgate rules under which it may
20 permit interstate commission fees in excess of 5%. The
21 interstate commission fee and other fees charged by the sending
22 racetrack, including, but not limited to, satellite decoder
23 fees, shall be uniformly applied to the host track and all
24 non-host licensees.
25         (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
26     intertrack wagering licensee other than the host track may

 

 

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1     supplement the host track simulcast program with
2     additional simulcast races or race programs, provided that
3     between January 1 and the third Friday in February of any
4     year, inclusive, if no live thoroughbred racing is
5     occurring in Illinois during this period, only
6     thoroughbred races may be used for supplemental interstate
7     simulcast purposes. The Board shall withhold approval for a
8     supplemental interstate simulcast only if it finds that the
9     simulcast is clearly adverse to the integrity of racing. A
10     supplemental interstate simulcast may be transmitted from
11     an intertrack wagering licensee to its affiliated non-host
12     licensees. The interstate commission fee for a
13     supplemental interstate simulcast shall be paid by the
14     non-host licensee and its affiliated non-host licensees
15     receiving the simulcast.
16         (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
17     intertrack wagering licensee other than the host track may
18     receive supplemental interstate simulcasts only with the
19     consent of the host track, except when the Board finds that
20     the simulcast is clearly adverse to the integrity of
21     racing. Consent granted under this paragraph (2) to any
22     intertrack wagering licensee shall be deemed consent to all
23     non-host licensees. The interstate commission fee for the
24     supplemental interstate simulcast shall be paid by all
25     participating non-host licensees.
26         (3) Each licensee conducting interstate simulcast

 

 

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1     wagering may retain, subject to the payment of all
2     applicable taxes and the purses, an amount not to exceed
3     17% of all money wagered. If any licensee conducts the
4     pari-mutuel system wagering on races conducted at
5     racetracks in another state or country, each such race or
6     race program shall be considered a separate racing day for
7     the purpose of determining the daily handle and computing
8     the privilege tax of that daily handle as provided in
9     subsection (a) of Section 27. Until January 1, 2000, from
10     the sums permitted to be retained pursuant to this
11     subsection, each intertrack wagering location licensee
12     shall pay 1% of the pari-mutuel handle wagered on simulcast
13     wagering to the Horse Racing Tax Allocation Fund, subject
14     to the provisions of subparagraph (B) of paragraph (11) of
15     subsection (h) of Section 26 of this Act.
16         (4) A licensee who receives an interstate simulcast may
17     combine its gross or net pools with pools at the sending
18     racetracks pursuant to rules established by the Board. All
19     licensees combining their gross pools at a sending
20     racetrack shall adopt the take-out percentages of the
21     sending racetrack. A licensee may also establish a separate
22     pool and takeout structure for wagering purposes on races
23     conducted at race tracks outside of the State of Illinois.
24     The licensee may permit pari-mutuel wagers placed in other
25     states or countries to be combined with its gross or net
26     wagering pools or other wagering pools.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1         80% shall be deposited into its standardbred purse
2         account; and
3             (B) Twenty percent shall be deposited into the
4         Illinois Colt Stakes Purse Distribution Fund. Moneys
5         deposited into the Illinois Colt Stakes Purse
6         Distribution Fund pursuant to this subparagraph (B)
7         shall be paid to Illinois conceived and foaled
8         thoroughbred breeders' programs and to thoroughbred
9         purses for races conducted at any county fairgrounds
10         for Illinois conceived and foaled horses at the
11         discretion of the Department of Agriculture, with the
12         advice and assistance of the Illinois Thoroughbred
13         Breeders Fund Advisory Board. The moneys deposited
14         into the Illinois Colt Stakes Purse Distribution Fund
15         pursuant to this subparagraph (B) shall be deposited
16         within 2 weeks after the day they were generated, shall
17         be in addition to and not in lieu of any other moneys
18         paid to thoroughbred purses under this Act, and shall
19         not be commingled with other moneys deposited into that
20         Fund.
21         (7.3) If no live standardbred racing is conducted at a
22     racetrack located in Madison County in calendar year 2000
23     or 2001, an organization licensee who is licensed to
24     conduct horse racing at that racetrack shall, before
25     January 1, 2002, pay all moneys derived from simulcast
26     wagering and inter-track wagering in calendar years 2000

 

 

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

 

 

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

 

 

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1     that day, provided that this provision shall not apply to
2     any non-host licensee that derives its license from a track
3     located in a county with a population in excess of 230,000
4     and that borders the Mississippi River.
5         (9) (Blank).
6         (10) (Blank).
7         (11) (Blank).
8         (12) The Board shall have authority to compel all host
9     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 Act,
14     in the event that the total Illinois pari-mutuel handle on
15     Illinois horse races at all wagering facilities in any
16     calendar year is less than 75% of the total Illinois
17     pari-mutuel handle on Illinois horse races at all such
18     wagering facilities for calendar year 1994, then each
19     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 calendar
23     year 1994, shall be permitted to receive, from any amount
24     otherwise payable to the purse account at the race track
25     with which the wagering facility is affiliated in the
26     succeeding calendar year, an amount equal to 2% of the

 

 

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1     differential in total Illinois pari-mutuel handle on
2     Illinois horse races at the wagering facility between that
3     calendar year in question and 1994 provided, however, that
4     a wagering facility shall not be entitled to any such
5     payment until the Board certifies in writing to the
6     wagering facility the amount to which the wagering facility
7     is entitled and a schedule for payment of the amount to the
8     wagering facility, based on: (i) the racing dates awarded
9     to the race track affiliated with the wagering facility
10     during the succeeding year; (ii) the sums available or
11     anticipated to be available in the purse account of the
12     race track affiliated with the wagering facility for purses
13     during the succeeding year; and (iii) the need to ensure
14     reasonable purse levels during the payment period. The
15     Board's certification shall be provided no later than
16     January 31 of the succeeding year. In the event a wagering
17     facility entitled to a payment under this paragraph (13) is
18     affiliated with a race track that maintains purse accounts
19     for both standardbred and thoroughbred racing, the amount
20     to be paid to the wagering facility shall be divided
21     between each purse account pro rata, based on the amount of
22     Illinois handle on Illinois standardbred and thoroughbred
23     racing respectively at the wagering facility during the
24     previous calendar year. Annually, the General Assembly
25     shall appropriate sufficient funds from the General
26     Revenue Fund to the Department of Agriculture for payment

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1     such race track has given its written consent to such
2     inter-track wagering location licensees, which consent
3     must be filed with the Board at or prior to the time
4     application is made.
5         (8.2) Inter-track wagering or simulcast wagering shall
6     not be conducted by an inter-track wagering location
7     licensee at any location within 500 feet of an existing
8     church or existing school, nor within 500 feet of the
9     residences of more than 50 registered voters without
10     receiving written permission from a majority of the
11     registered voters at such residences. Such written
12     permission statements shall be filed with the Board. The
13     distance of 500 feet shall be measured to the nearest part
14     of any building used for worship services, education
15     programs, residential purposes, or conducting inter-track
16     wagering by an inter-track wagering location licensee, and
17     not to property boundaries. However, inter-track wagering
18     or simulcast wagering may be conducted at a site within 500
19     feet of a church, school or residences of 50 or more
20     registered voters if such church, school or residences have
21     been erected or established, or such voters have been
22     registered, after the Board issues the original
23     inter-track wagering location license at the site in
24     question. Inter-track wagering location licensees may
25     conduct inter-track wagering and simulcast wagering only
26     in areas that are zoned for commercial or manufacturing

 

 

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1     purposes or in areas for which a special use has been
2     approved by the local zoning authority. However, no license
3     to conduct inter-track wagering and simulcast wagering
4     shall be granted by the Board with respect to any
5     inter-track wagering location within the jurisdiction of
6     any local zoning authority which has, by ordinance or by
7     resolution, prohibited the establishment of an inter-track
8     wagering location within its jurisdiction. However,
9     inter-track wagering and simulcast wagering may be
10     conducted at a site if such ordinance or resolution is
11     enacted after the Board licenses the original inter-track
12     wagering location licensee for the site in question.
13         (9) (Blank).
14         (10) An inter-track wagering licensee or an
15     inter-track wagering location licensee may retain, subject
16     to the payment of the privilege taxes and the purses, an
17     amount not to exceed 17% of all money wagered. Each program
18     of racing conducted by each inter-track wagering licensee
19     or inter-track wagering location licensee shall be
20     considered a separate racing day for the purpose of
21     determining the daily handle and computing the privilege
22     tax or pari-mutuel tax on such daily handle as provided in
23     Section 27.
24         (10.1) Except as provided in subsection (g) of Section
25     27 of this Act, inter-track wagering location licensees
26     shall pay 1% of the pari-mutuel handle at each location to

 

 

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

 

 

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

 

 

HB3440 - 25 - LRB095 11145 AMC 31485 b

1     this Act each inter-track wagering location licensee shall
2     pay (i) the privilege or pari-mutuel tax to the State; (ii)
3     4.75% of the pari-mutuel handle on intertrack wagering at
4     such location on races as purses, except that an intertrack
5     wagering location licensee that derives its license from a
6     track located in a county with a population in excess of
7     230,000 and that borders the Mississippi River shall retain
8     all purse moneys for its own purse account consistent with
9     distribution set forth in this subsection (h), and
10     intertrack wagering location licensees that accept wagers
11     on races conducted by an organization licensee located in a
12     county with a population in excess of 230,000 and that
13     borders the Mississippi River shall distribute all purse
14     moneys to purses at the operating host track; (iii) until
15     January 1, 2000, except as provided in subsection (g) of
16     Section 27 of this Act, 1% of the pari-mutuel handle
17     wagered on inter-track wagering and simulcast wagering at
18     each inter-track wagering location licensee facility to
19     the Horse Racing Tax Allocation Fund, provided that, to the
20     extent the total amount collected and distributed to the
21     Horse Racing Tax Allocation Fund under this subsection (h)
22     during any calendar year exceeds the amount collected and
23     distributed to the Horse Racing Tax Allocation Fund during
24     calendar year 1994, that excess amount shall be
25     redistributed (I) to all inter-track wagering location
26     licensees, based on each licensee's pro-rata share of the

 

 

HB3440 - 26 - LRB095 11145 AMC 31485 b

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

 

 

HB3440 - 27 - LRB095 11145 AMC 31485 b

1     licensee during the calendar year in question; and (iv) 8%
2     of the pari-mutuel handle on inter-track wagering wagered
3     at 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% to
7     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 230,000
11     and that borders the Mississippi River shall not divide any
12     remaining retention with the organization licensee that
13     provides the race or races and an intertrack wagering
14     location licensee that accepts wagers on races conducted by
15     an organization licensee that conducts a race meet in a
16     county with a population in excess of 230,000 and that
17     borders the Mississippi River shall not divide any
18     remaining retention with the organization licensee.
19     Notwithstanding the provisions of clauses (ii) and (iv) of
20     this paragraph, in the case of the additional inter-track
21     wagering location licenses authorized under paragraph (1)
22     of this subsection (h) by this amendatory Act of 1991,
23     those licensees shall pay the following amounts as purses:
24     during the first 12 months the licensee is in operation,
25     5.25% of the pari-mutuel handle wagered at the location on
26     races; during the second 12 months, 5.25%; during the third

 

 

HB3440 - 28 - LRB095 11145 AMC 31485 b

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

 

 

HB3440 - 29 - LRB095 11145 AMC 31485 b

1     Racing Tax Allocation Fund pursuant to this paragraph (11)
2     by inter-track wagering location licensees located in park
3     districts of 500,000 population or less, or in a
4     municipality that is not included within any park district
5     but is included within a conservation district and is the
6     county seat of a county that (i) is contiguous to the state
7     of Indiana and (ii) has a 1990 population of 88,257
8     according to the United States Bureau of the Census, and
9     operating on May 1, 1994 shall be allocated by
10     appropriation as follows:
11             Two-sevenths to the Department of Agriculture.
12         Fifty percent of this two-sevenths shall be used to
13         promote the Illinois horse racing and breeding
14         industry, and shall be distributed by the Department of
15         Agriculture upon the advice of a 9-member committee
16         appointed by the Governor consisting of the following
17         members: the Director of Agriculture, who shall serve
18         as chairman; 2 representatives of organization
19         licensees conducting thoroughbred race meetings in
20         this State, recommended by those licensees; 2
21         representatives of organization licensees conducting
22         standardbred race meetings in this State, recommended
23         by those licensees; a representative of the Illinois
24         Thoroughbred Breeders and Owners Foundation,
25         recommended by that Foundation; a representative of
26         the Illinois Standardbred Owners and Breeders

 

 

HB3440 - 30 - LRB095 11145 AMC 31485 b

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

 

 

HB3440 - 31 - LRB095 11145 AMC 31485 b

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

 

 

HB3440 - 32 - LRB095 11145 AMC 31485 b

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

 

 

HB3440 - 33 - LRB095 11145 AMC 31485 b

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

 

 

HB3440 - 34 - LRB095 11145 AMC 31485 b

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1     Illinois State Fair in Sangamon County or the DuQuoin State
2     Fair in Perry County, or to any wagering conducted on those
3     race meetings.
4     (i) Notwithstanding the other provisions of this Act, the
5 conduct of wagering at wagering facilities is authorized on all
6 days, except as limited by subsection (b) of Section 19 of this
7 Act.
8 (Source: P.A. 91-40, eff. 6-25-99; 92-211, eff. 8-2-01.)
 
9     Section 99. Effective date. This Act takes effect upon
10 becoming law.