Sen. Terry Link

Filed: 1/29/2014

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 11

2    AMENDMENT NO. ______. Amend House Bill 11, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Illinois Horse Racing Act of 1975 is
6amended by changing Sections 26, 27, and 28.1 and by adding
7Sections 26.8 and 26.9 as follows:
 
8    (230 ILCS 5/26)  (from Ch. 8, par. 37-26)
9    Sec. 26. Wagering.
10    (a) Any licensee may conduct and supervise the pari-mutuel
11system of wagering, as defined in Section 3.12 of this Act, on
12horse races conducted by an Illinois organization licensee or
13conducted at a racetrack located in another state or country
14and televised in Illinois in accordance with subsection (g) of
15Section 26 of this Act. Subject to the prior consent of the
16Board, licensees may supplement any pari-mutuel pool in order

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1commission fee, shall be borne by the host track and all
2non-host licensees incurring these costs. The interstate
3commission fee shall not exceed 5% of Illinois handle on the
4interstate simulcast race or races without prior approval of
5the Board. The Board shall promulgate rules under which it may
6permit interstate commission fees in excess of 5%. The
7interstate commission fee and other fees charged by the sending
8racetrack, including, but not limited to, satellite decoder
9fees, shall be uniformly applied to the host track and all
10non-host licensees.
11    Notwithstanding any other provision of this Act, until
12February 1, 2017 January 31, 2014, an organization licensee,
13with the consent of the horseman association representing the
14largest number of owners, trainers, jockeys, or standardbred
15drivers who race horses at that organization licensee's racing
16meeting, may maintain a system whereby advance deposit wagering
17may take place or an organization licensee, with the consent of
18the horsemen association representing the largest number of
19owners, trainers, jockeys, or standardbred drivers who race
20horses at that organization licensee's racing meeting, may
21contract with another person to carry out a system of advance
22deposit wagering. Such consent may not be unreasonably
23withheld. Only with respect to an appeal to the Board that
24consent for an organization licensee that maintains its own
25advance deposit wagering system is being unreasonably
26withheld, the Board shall issue a final order within 30 days

 

 

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1after initiation of the appeal, and the organization licensee's
2advance deposit wagering system may remain operational during
3that 30-day period. The actions of any organization licensee
4who conducts advance deposit wagering or any person who has a
5contract with an organization licensee to conduct advance
6deposit wagering who conducts advance deposit wagering on or
7after January 1, 2013 and prior to the effective date of this
8amendatory Act of the 98th General Assembly taken in reliance
9on the changes made to this subsection (g) by this amendatory
10Act of the 98th General Assembly are hereby validated, provided
11payment of all applicable pari-mutuel taxes are remitted to the
12Board. All advance deposit wagers placed from within Illinois
13must be placed through a Board-approved advance deposit
14wagering licensee; no other entity may accept an advance
15deposit wager from a person within Illinois. All advance
16deposit wagering is subject to any rules adopted by the Board.
17The Board may adopt rules necessary to regulate advance deposit
18wagering through the use of emergency rulemaking in accordance
19with Section 5-45 of the Illinois Administrative Procedure Act.
20The General Assembly finds that the adoption of rules to
21regulate advance deposit wagering is deemed an emergency and
22necessary for the public interest, safety, and welfare. An
23advance deposit wagering licensee may retain all moneys as
24agreed to by contract with an organization licensee. Any moneys
25retained by the organization licensee from advance deposit
26wagering, not including moneys retained by the advance deposit

 

 

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1wagering licensee, shall be paid 50% to the organization
2licensee's purse account and 50% to the organization licensee.
3With the exception of any organization licensee that is owned
4by a publicly traded company that is incorporated in a state
5other than Illinois and advance deposit wagering licensees
6under contract with such organization licensees, organization
7licensees that maintain advance deposit wagering systems and
8advance deposit wagering licensees that contract with
9organization licensees shall provide sufficiently detailed
10monthly accountings to the horsemen association representing
11the largest number of owners, trainers, jockeys, or
12standardbred drivers who race horses at that organization
13licensee's racing meeting so that the horsemen association, as
14an interested party, can confirm the accuracy of the amounts
15paid to the purse account at the horsemen association's
16affiliated organization licensee from advance deposit
17wagering. If more than one breed races at the same race track
18facility, then the 50% of the moneys to be paid to an
19organization licensee's purse account shall be allocated among
20all organization licensees' purse accounts operating at that
21race track facility proportionately based on the actual number
22of host days that the Board grants to that breed at that race
23track facility in the current calendar year. To the extent any
24fees from advance deposit wagering conducted in Illinois for
25wagers in Illinois or other states have been placed in escrow
26or otherwise withheld from wagers pending a determination of

 

 

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

 

 

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

 

 

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1    pool and takeout structure for wagering purposes on races
2    conducted at race tracks outside of the State of Illinois.
3    The licensee may permit pari-mutuel wagers placed in other
4    states or countries to be combined with its gross or net
5    wagering pools or other wagering pools.
6        (5) After the payment of the interstate commission fee
7    (except for the interstate commission fee on a supplemental
8    interstate simulcast, which shall be paid by the host track
9    and by each non-host licensee through the host-track) and
10    all applicable State and local taxes, except as provided in
11    subsection (g) of Section 27 of this Act, the remainder of
12    moneys retained from simulcast wagering pursuant to this
13    subsection (g), and Section 26.2 shall be divided as
14    follows:
15            (A) For interstate simulcast wagers made at a host
16        track, 50% to the host track and 50% to purses at the
17        host track.
18            (B) For wagers placed on interstate simulcast
19        races, supplemental simulcasts as defined in
20        subparagraphs (1) and (2), and separately pooled races
21        conducted outside of the State of Illinois made at a
22        non-host licensee, 25% to the host track, 25% to the
23        non-host licensee, and 50% to the purses at the host
24        track.
25        (6) Notwithstanding any provision in this Act to the
26    contrary, non-host licensees who derive their licenses

 

 

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

 

 

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

 

 

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

 

 

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1    p.m. during that calendar year shall be deposited as
2    follows:
3            (A) If the licensee that conducts horse racing at
4        that racetrack requests from the Board at least as many
5        racing dates as were conducted in calendar year 2000,
6        80% shall be deposited into its standardbred purse
7        account; and
8            (B) Twenty percent shall be deposited into the
9        Illinois Colt Stakes Purse Distribution Fund. Moneys
10        deposited into the Illinois Colt Stakes Purse
11        Distribution Fund pursuant to this subparagraph (B)
12        shall be paid to Illinois conceived and foaled
13        thoroughbred breeders' programs and to thoroughbred
14        purses for races conducted at any county fairgrounds
15        for Illinois conceived and foaled horses at the
16        discretion of the Department of Agriculture, with the
17        advice and assistance of the Illinois Thoroughbred
18        Breeders Fund Advisory Board. The moneys deposited
19        into the Illinois Colt Stakes Purse Distribution Fund
20        pursuant to this subparagraph (B) shall be deposited
21        within 2 weeks after the day they were generated, shall
22        be in addition to and not in lieu of any other moneys
23        paid to thoroughbred purses under this Act, and shall
24        not be commingled with other moneys deposited into that
25        Fund.
26        (7.3) If no live standardbred racing is conducted at a

 

 

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1    racetrack located in Madison County in calendar year 2000
2    or 2001, an organization licensee who is licensed to
3    conduct horse racing at that racetrack shall, before
4    January 1, 2002, pay all moneys derived from simulcast
5    wagering and inter-track wagering in calendar years 2000
6    and 2001 and paid into the licensee's standardbred purse
7    account as follows:
8            (A) Eighty percent to that licensee's thoroughbred
9        purse account to be used for thoroughbred purses; and
10            (B) Twenty percent to the Illinois Colt Stakes
11        Purse Distribution Fund.
12        Failure to make the payment to the Illinois Colt Stakes
13    Purse Distribution Fund before January 1, 2002 shall result
14    in the immediate revocation of the licensee's organization
15    license, inter-track wagering license, and inter-track
16    wagering location license.
17        Moneys paid into the Illinois Colt Stakes Purse
18    Distribution Fund pursuant to this paragraph (7.3) shall be
19    paid to purses for standardbred races for Illinois
20    conceived and foaled horses conducted at any county
21    fairgrounds. Moneys paid into the Illinois Colt Stakes
22    Purse Distribution Fund pursuant to this paragraph (7.3)
23    shall be used as determined by the Department of
24    Agriculture, with the advice and assistance of the Illinois
25    Standardbred Breeders Fund Advisory Board, shall be in
26    addition to and not in lieu of any other moneys paid to

 

 

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1    standardbred purses under this Act, and shall not be
2    commingled with any other moneys paid into that Fund.
3        (7.4) If live standardbred racing is conducted at a
4    racetrack located in Madison County at any time in calendar
5    year 2001 before the payment required under paragraph (7.3)
6    has been made, the organization licensee who is licensed to
7    conduct racing at that racetrack shall pay all moneys
8    derived by that racetrack from simulcast wagering and
9    inter-track wagering during calendar years 2000 and 2001
10    that (1) are to be used for purses and (2) are generated
11    between the hours of 6:30 p.m. and 6:30 a.m. during 2000 or
12    2001 to the standardbred purse account at that racetrack to
13    be used for standardbred purses.
14        (8) Notwithstanding any provision in this Act to the
15    contrary, an organization licensee from a track located in
16    a county with a population in excess of 230,000 and that
17    borders the Mississippi River and its affiliated non-host
18    licensees shall not be entitled to share in any retention
19    generated on racing, inter-track wagering, or simulcast
20    wagering at any other Illinois wagering facility.
21        (8.1) Notwithstanding any provisions in this Act to the
22    contrary, if 2 organization licensees are conducting
23    standardbred race meetings concurrently between the hours
24    of 6:30 p.m. and 6:30 a.m., after payment of all applicable
25    State and local taxes and interstate commission fees, the
26    remainder of the amount retained from simulcast wagering

 

 

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1    otherwise attributable to the host track and to host track
2    purses shall be split daily between the 2 organization
3    licensees and the purses at the tracks of the 2
4    organization licensees, respectively, based on each
5    organization licensee's share of the total live handle for
6    that day, provided that this provision shall not apply to
7    any non-host licensee that derives its license from a track
8    located in a county with a population in excess of 230,000
9    and that borders the Mississippi River.
10        (9) (Blank).
11        (10) (Blank).
12        (11) (Blank).
13        (12) The Board shall have authority to compel all host
14    tracks to receive the simulcast of any or all races
15    conducted at the Springfield or DuQuoin State fairgrounds
16    and include all such races as part of their simulcast
17    programs.
18        (13) Notwithstanding any other provision of this Act,
19    in the event that the total Illinois pari-mutuel handle on
20    Illinois horse races at all wagering facilities in any
21    calendar year is less than 75% of the total Illinois
22    pari-mutuel handle on Illinois horse races at all such
23    wagering facilities for calendar year 1994, then each
24    wagering facility that has an annual total Illinois
25    pari-mutuel handle on Illinois horse races that is less
26    than 75% of the total Illinois pari-mutuel handle on

 

 

09800HB0011sam003- 20 -LRB098 00182 ZMM 54533 a

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

 

 

09800HB0011sam003- 21 -LRB098 00182 ZMM 54533 a

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

 

 

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1    a track located in Madison County that conducted at least
2    100 days of live racing during the immediately preceding
3    calendar year may be issued an inter-track wagering
4    license, unless a lesser schedule of live racing is the
5    result of (A) weather, unsafe track conditions, or other
6    acts of God; (B) an agreement between the organization
7    licensee and the associations representing the largest
8    number of owners, trainers, jockeys, or standardbred
9    drivers who race horses at that organization licensee's
10    racing meeting; or (C) a finding by the Board of
11    extraordinary circumstances and that it was in the best
12    interest of the public and the sport to conduct fewer than
13    100 days of live racing. Any such person having operating
14    control of the racing facility may also receive up to 6
15    inter-track wagering location licenses. In no event shall
16    more than 6 inter-track wagering locations be established
17    for each eligible race track, except that an eligible race
18    track located in a county that has a population of more
19    than 230,000 and that is bounded by the Mississippi River
20    may establish up to 7 inter-track wagering locations and an
21    eligible race track located in Cook County may establish up
22    to 8 inter-track wagering locations. An application for
23    said license shall be filed with the Board prior to such
24    dates as may be fixed by the Board. With an application for
25    an inter-track wagering location license there shall be
26    delivered to the Board a certified check or bank draft

 

 

09800HB0011sam003- 23 -LRB098 00182 ZMM 54533 a

1    payable to the order of the Board for an amount equal to
2    $500. The application shall be on forms prescribed and
3    furnished by the Board. The application shall comply with
4    all other rules, regulations and conditions imposed by the
5    Board in connection therewith.
6        (2) The Board shall examine the applications with
7    respect to their conformity with this Act and the rules and
8    regulations imposed by the Board. If found to be in
9    compliance with the Act and rules and regulations of the
10    Board, the Board may then issue a license to conduct
11    inter-track wagering and simulcast wagering to such
12    applicant. All such applications shall be acted upon by the
13    Board at a meeting to be held on such date as may be fixed
14    by the Board.
15        (3) In granting licenses to conduct inter-track
16    wagering and simulcast wagering, the Board shall give due
17    consideration to the best interests of the public, of horse
18    racing, and of maximizing revenue to the State.
19        (4) Prior to the issuance of a license to conduct
20    inter-track wagering and simulcast wagering, the applicant
21    shall file with the Board a bond payable to the State of
22    Illinois in the sum of $50,000, executed by the applicant
23    and a surety company or companies authorized to do business
24    in this State, and conditioned upon (i) the payment by the
25    licensee of all taxes due under Section 27 or 27.1 and any
26    other monies due and payable under this Act, and (ii)

 

 

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1    distribution by the licensee, upon presentation of the
2    winning ticket or tickets, of all sums payable to the
3    patrons of pari-mutuel pools.
4        (5) Each license to conduct inter-track wagering and
5    simulcast wagering shall specify the person to whom it is
6    issued, the dates on which such wagering is permitted, and
7    the track or location where the wagering is to be
8    conducted.
9        (6) All wagering under such license is subject to this
10    Act and to the rules and regulations from time to time
11    prescribed by the Board, and every such license issued by
12    the Board shall contain a recital to that effect.
13        (7) An inter-track wagering licensee or inter-track
14    wagering location licensee may accept wagers at the track
15    or location where it is licensed, or as otherwise provided
16    under this Act.
17        (8) Inter-track wagering or simulcast wagering shall
18    not be conducted at any track less than 5 miles from a
19    track at which a racing meeting is in progress.
20        (8.1) Inter-track wagering location licensees who
21    derive their licenses from a particular organization
22    licensee shall conduct inter-track wagering and simulcast
23    wagering only at locations which are either within 90 miles
24    of that race track where the particular organization
25    licensee is licensed to conduct racing, or within 135 miles
26    of that race track where the particular organization

 

 

09800HB0011sam003- 25 -LRB098 00182 ZMM 54533 a

1    licensee is licensed to conduct racing in the case of race
2    tracks in counties of less than 400,000 that were operating
3    on or before June 1, 1986. However, inter-track wagering
4    and simulcast wagering shall not be conducted by those
5    licensees at any location within 5 miles of any race track
6    at which a horse race meeting has been licensed in the
7    current year, unless the person having operating control of
8    such race track has given its written consent to such
9    inter-track wagering location licensees, which consent
10    must be filed with the Board at or prior to the time
11    application is made. In the case of any inter-track
12    wagering location licensee initially licensed after
13    December 31, 2013, inter-track wagering and simulcast
14    wagering shall not be conducted by those inter-track
15    wagering location licensees that are located outside the
16    City of Chicago at any location within 8 miles of any race
17    track at which a horse race meeting has been licensed in
18    the current year, unless the person having operating
19    control of such race track has given its written consent to
20    such inter-track wagering location licensees, which
21    consent must be filed with the Board at or prior to the
22    time application is made.
23        (8.2) Inter-track wagering or simulcast wagering shall
24    not be conducted by an inter-track wagering location
25    licensee at any location within 500 feet of an existing
26    church or existing school, nor within 500 feet of the

 

 

09800HB0011sam003- 26 -LRB098 00182 ZMM 54533 a

1    residences of more than 50 registered voters without
2    receiving written permission from a majority of the
3    registered voters at such residences. Such written
4    permission statements shall be filed with the Board. The
5    distance of 500 feet shall be measured to the nearest part
6    of any building used for worship services, education
7    programs, residential purposes, or conducting inter-track
8    wagering by an inter-track wagering location licensee, and
9    not to property boundaries. However, inter-track wagering
10    or simulcast wagering may be conducted at a site within 500
11    feet of a church , school or residences of 50 or more
12    registered voters if such church , school or residences
13    have been erected or established, or such voters have been
14    registered, after the Board issues the original
15    inter-track wagering location license at the site in
16    question. Inter-track wagering location licensees may
17    conduct inter-track wagering and simulcast wagering only
18    in areas that are zoned for commercial or manufacturing
19    purposes or in areas for which a special use has been
20    approved by the local zoning authority. However, no license
21    to conduct inter-track wagering and simulcast wagering
22    shall be granted by the Board with respect to any
23    inter-track wagering location within the jurisdiction of
24    any local zoning authority which has, by ordinance or by
25    resolution, prohibited the establishment of an inter-track
26    wagering location within its jurisdiction. However,

 

 

09800HB0011sam003- 27 -LRB098 00182 ZMM 54533 a

1    inter-track wagering and simulcast wagering may be
2    conducted at a site if such ordinance or resolution is
3    enacted after the Board licenses the original inter-track
4    wagering location licensee for the site in question.
5        (9) (Blank).
6        (10) An inter-track wagering licensee or an
7    inter-track wagering location licensee may retain, subject
8    to the payment of the privilege taxes and the purses, an
9    amount not to exceed 17% of all money wagered. Each program
10    of racing conducted by each inter-track wagering licensee
11    or inter-track wagering location licensee shall be
12    considered a separate racing day for the purpose of
13    determining the daily handle and computing the privilege
14    tax or pari-mutuel tax on such daily handle as provided in
15    Section 27.
16        (10.1) Except as provided in subsection (g) of Section
17    27 of this Act, inter-track wagering location licensees
18    shall pay 1% of the pari-mutuel handle at each location to
19    the municipality in which such location is situated and 1%
20    of the pari-mutuel handle at each location to the county in
21    which such location is situated. In the event that an
22    inter-track wagering location licensee is situated in an
23    unincorporated area of a county, such licensee shall pay 2%
24    of the pari-mutuel handle from such location to such
25    county.
26        (10.2) Notwithstanding any other provision of this

 

 

09800HB0011sam003- 28 -LRB098 00182 ZMM 54533 a

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

 

 

09800HB0011sam003- 29 -LRB098 00182 ZMM 54533 a

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

 

 

09800HB0011sam003- 30 -LRB098 00182 ZMM 54533 a

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

 

 

09800HB0011sam003- 31 -LRB098 00182 ZMM 54533 a

1    amounts, which are to be redistributed to the host track or
2    to purses at the host track under subparagraph (B) of
3    paragraph (5) of subsection (g) of this Section 26 shall be
4    redistributed based on each host track's pro rata share of
5    the total inter-track wagering and simulcast wagering
6    handle at all host tracks during the calendar year in
7    question, and second, that any amounts redistributed as
8    described in part (I) to an inter-track wagering location
9    licensee that accepts wagers on races conducted by an
10    organization licensee that conducts a race meet in a county
11    with a population in excess of 230,000 and that borders the
12    Mississippi River shall be further redistributed as
13    provided in subparagraphs (D) and (E) of paragraph (7) of
14    subsection (g) of this Section 26, with the portion of that
15    further redistribution allocated to purses at that
16    organization licensee to be divided between standardbred
17    purses and thoroughbred purses based on the amounts
18    otherwise allocated to purses at that organization
19    licensee during the calendar year in question; and (iv) 8%
20    of the pari-mutuel handle on inter-track wagering wagered
21    at such location to satisfy all costs and expenses of
22    conducting its wagering. The remainder of the monies
23    retained by the inter-track wagering location licensee
24    shall be allocated 40% to the location licensee and 60% to
25    the organization licensee which provides the Illinois
26    races to the location, except that an intertrack wagering

 

 

09800HB0011sam003- 32 -LRB098 00182 ZMM 54533 a

1    location licensee that derives its license from a track
2    located in a county with a population in excess of 230,000
3    and that borders the Mississippi River shall not divide any
4    remaining retention with the organization licensee that
5    provides the race or races and an intertrack wagering
6    location licensee that accepts wagers on races conducted by
7    an organization licensee that conducts a race meet in a
8    county with a population in excess of 230,000 and that
9    borders the Mississippi River shall not divide any
10    remaining retention with the organization licensee.
11    Notwithstanding the provisions of clauses (ii) and (iv) of
12    this paragraph, in the case of the additional inter-track
13    wagering location licenses authorized under paragraph (1)
14    of this subsection (h) by this amendatory Act of 1991,
15    those licensees shall pay the following amounts as purses:
16    during the first 12 months the licensee is in operation,
17    5.25% of the pari-mutuel handle wagered at the location on
18    races; during the second 12 months, 5.25%; during the third
19    12 months, 5.75%; during the fourth 12 months, 6.25%; and
20    during the fifth 12 months and thereafter, 6.75%. The
21    following amounts shall be retained by the licensee to
22    satisfy all costs and expenses of conducting its wagering:
23    during the first 12 months the licensee is in operation,
24    8.25% of the pari-mutuel handle wagered at the location;
25    during the second 12 months, 8.25%; during the third 12
26    months, 7.75%; during the fourth 12 months, 7.25%; and

 

 

09800HB0011sam003- 33 -LRB098 00182 ZMM 54533 a

1    during the fifth 12 months and thereafter, 6.75%. For
2    additional intertrack wagering location licensees
3    authorized under this amendatory Act of 1995, purses for
4    the first 12 months the licensee is in operation shall be
5    5.75% of the pari-mutuel wagered at the location, purses
6    for the second 12 months the licensee is in operation shall
7    be 6.25%, and purses thereafter shall be 6.75%. For
8    additional intertrack location licensees authorized under
9    this amendatory Act of 1995, the licensee shall be allowed
10    to retain to satisfy all costs and expenses: 7.75% of the
11    pari-mutuel handle wagered at the location during its first
12    12 months of operation, 7.25% during its second 12 months
13    of operation, and 6.75% thereafter.
14        (C) There is hereby created the Horse Racing Tax
15    Allocation Fund which shall remain in existence until
16    December 31, 1999. Moneys remaining in the Fund after
17    December 31, 1999 shall be paid into the General Revenue
18    Fund. Until January 1, 2000, all monies paid into the Horse
19    Racing Tax Allocation Fund pursuant to this paragraph (11)
20    by inter-track wagering location licensees located in park
21    districts of 500,000 population or less, or in a
22    municipality that is not included within any park district
23    but is included within a conservation district and is the
24    county seat of a county that (i) is contiguous to the state
25    of Indiana and (ii) has a 1990 population of 88,257
26    according to the United States Bureau of the Census, and

 

 

09800HB0011sam003- 34 -LRB098 00182 ZMM 54533 a

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

 

 

09800HB0011sam003- 35 -LRB098 00182 ZMM 54533 a

1        Committee members shall serve for terms of 2 years,
2        commencing January 1 of each even-numbered year. If a
3        representative of any of the above-named entities has
4        not been recommended by January 1 of any even-numbered
5        year, the Governor shall appoint a committee member to
6        fill that position. Committee members shall receive no
7        compensation for their services as members but shall be
8        reimbursed for all actual and necessary expenses and
9        disbursements incurred in the performance of their
10        official duties. The remaining 50% of this
11        two-sevenths shall be distributed to county fairs for
12        premiums and rehabilitation as set forth in the
13        Agricultural Fair Act;
14            Four-sevenths to park districts or municipalities
15        that do not have a park district of 500,000 population
16        or less for museum purposes (if an inter-track wagering
17        location licensee is located in such a park district)
18        or to conservation districts for museum purposes (if an
19        inter-track wagering location licensee is located in a
20        municipality that is not included within any park
21        district but is included within a conservation
22        district and is the county seat of a county that (i) is
23        contiguous to the state of Indiana and (ii) has a 1990
24        population of 88,257 according to the United States
25        Bureau of the Census, except that if the conservation
26        district does not maintain a museum, the monies shall

 

 

09800HB0011sam003- 36 -LRB098 00182 ZMM 54533 a

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

 

 

09800HB0011sam003- 37 -LRB098 00182 ZMM 54533 a

1        museum may deposit the monies in the corporate fund of
2        the park district or municipality where the
3        inter-track wagering location is located, to be used
4        for general purposes; and
5            One-seventh to the Agricultural Premium Fund to be
6        used for distribution to agricultural home economics
7        extension councils in accordance with "An Act in
8        relation to additional support and finances for the
9        Agricultural and Home Economic Extension Councils in
10        the several counties of this State and making an
11        appropriation therefor", approved July 24, 1967.
12        Until January 1, 2000, all other monies paid into the
13    Horse Racing Tax Allocation Fund pursuant to this paragraph
14    (11) shall be allocated by appropriation as follows:
15            Two-sevenths to the Department of Agriculture.
16        Fifty percent of this two-sevenths shall be used to
17        promote the Illinois horse racing and breeding
18        industry, and shall be distributed by the Department of
19        Agriculture upon the advice of a 9-member committee
20        appointed by the Governor consisting of the following
21        members: the Director of Agriculture, who shall serve
22        as chairman; 2 representatives of organization
23        licensees conducting thoroughbred race meetings in
24        this State, recommended by those licensees; 2
25        representatives of organization licensees conducting
26        standardbred race meetings in this State, recommended

 

 

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

 

 

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1        park districts of over 500,000 population; provided
2        that the monies are distributed in accordance with the
3        previous year's distribution of the maintenance tax
4        for such museums and aquariums as provided in Section 2
5        of the Park District Aquarium and Museum Act; and
6            One-seventh to the Agricultural Premium Fund to be
7        used for distribution to agricultural home economics
8        extension councils in accordance with "An Act in
9        relation to additional support and finances for the
10        Agricultural and Home Economic Extension Councils in
11        the several counties of this State and making an
12        appropriation therefor", approved July 24, 1967. This
13        subparagraph (C) shall be inoperative and of no force
14        and effect on and after January 1, 2000.
15            (D) Except as provided in paragraph (11) of this
16        subsection (h), with respect to purse allocation from
17        intertrack wagering, the monies so retained shall be
18        divided as follows:
19                (i) If the inter-track wagering licensee,
20            except an intertrack wagering licensee that
21            derives its license from an organization licensee
22            located in a county with a population in excess of
23            230,000 and bounded by the Mississippi River, is
24            not conducting its own race meeting during the same
25            dates, then the entire purse allocation shall be to
26            purses at the track where the races wagered on are

 

 

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1            being conducted.
2                (ii) If the inter-track wagering licensee,
3            except an intertrack wagering licensee that
4            derives its license from an organization licensee
5            located in a county with a population in excess of
6            230,000 and bounded by the Mississippi River, is
7            also conducting its own race meeting during the
8            same dates, then the purse allocation shall be as
9            follows: 50% to purses at the track where the races
10            wagered on are being conducted; 50% to purses at
11            the track where the inter-track wagering licensee
12            is accepting such wagers.
13                (iii) If the inter-track wagering is being
14            conducted by an inter-track wagering location
15            licensee, except an intertrack wagering location
16            licensee that derives its license from an
17            organization licensee located in a county with a
18            population in excess of 230,000 and bounded by the
19            Mississippi River, the entire purse allocation for
20            Illinois races shall be to purses at the track
21            where the race meeting being wagered on is being
22            held.
23        (12) The Board shall have all powers necessary and
24    proper to fully supervise and control the conduct of
25    inter-track wagering and simulcast wagering by inter-track
26    wagering licensees and inter-track wagering location

 

 

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1    licensees, including, but not limited to the following:
2            (A) The Board is vested with power to promulgate
3        reasonable rules and regulations for the purpose of
4        administering the conduct of this wagering and to
5        prescribe reasonable rules, regulations and conditions
6        under which such wagering shall be held and conducted.
7        Such rules and regulations are to provide for the
8        prevention of practices detrimental to the public
9        interest and for the best interests of said wagering
10        and to impose penalties for violations thereof.
11            (B) The Board, and any person or persons to whom it
12        delegates this power, is vested with the power to enter
13        the facilities of any licensee to determine whether
14        there has been compliance with the provisions of this
15        Act and the rules and regulations relating to the
16        conduct of such wagering.
17            (C) The Board, and any person or persons to whom it
18        delegates this power, may eject or exclude from any
19        licensee's facilities, any person whose conduct or
20        reputation is such that his presence on such premises
21        may, in the opinion of the Board, call into the
22        question the honesty and integrity of, or interfere
23        with the orderly conduct of such wagering; provided,
24        however, that no person shall be excluded or ejected
25        from such premises solely on the grounds of race,
26        color, creed, national origin, ancestry, or sex.

 

 

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1            (D) (Blank).
2            (E) The Board is vested with the power to appoint
3        delegates to execute any of the powers granted to it
4        under this Section for the purpose of administering
5        this wagering and any rules and regulations
6        promulgated in accordance with this Act.
7            (F) The Board shall name and appoint a State
8        director of this wagering who shall be a representative
9        of the Board and whose duty it shall be to supervise
10        the conduct of inter-track wagering as may be provided
11        for by the rules and regulations of the Board; such
12        rules and regulation shall specify the method of
13        appointment and the Director's powers, authority and
14        duties.
15            (G) The Board is vested with the power to impose
16        civil penalties of up to $5,000 against individuals and
17        up to $10,000 against licensees for each violation of
18        any provision of this Act relating to the conduct of
19        this wagering, any rules adopted by the Board, any
20        order of the Board or any other action which in the
21        Board's discretion, is a detriment or impediment to
22        such wagering.
23        (13) The Department of Agriculture may enter into
24    agreements with licensees authorizing such licensees to
25    conduct inter-track wagering on races to be held at the
26    licensed race meetings conducted by the Department of

 

 

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1    Agriculture. Such agreement shall specify the races of the
2    Department of Agriculture's licensed race meeting upon
3    which the licensees will conduct wagering. In the event
4    that a licensee conducts inter-track pari-mutuel wagering
5    on races from the Illinois State Fair or DuQuoin State Fair
6    which are in addition to the licensee's previously approved
7    racing program, those races shall be considered a separate
8    racing day for the purpose of determining the daily handle
9    and computing the privilege or pari-mutuel tax on that
10    daily handle as provided in Sections 27 and 27.1. Such
11    agreements shall be approved by the Board before such
12    wagering may be conducted. In determining whether to grant
13    approval, the Board shall give due consideration to the
14    best interests of the public and of horse racing. The
15    provisions of paragraphs (1), (8), (8.1), and (8.2) of
16    subsection (h) of this Section which are not specified in
17    this paragraph (13) shall not apply to licensed race
18    meetings conducted by the Department of Agriculture at the
19    Illinois State Fair in Sangamon County or the DuQuoin State
20    Fair in Perry County, or to any wagering conducted on those
21    race meetings.
22    (i) Notwithstanding the other provisions of this Act, the
23conduct of wagering at wagering facilities is authorized on all
24days, except as limited by subsection (b) of Section 19 of this
25Act.
26(Source: P.A. 97-1060, eff. 8-24-12; 98-18, eff. 6-7-13.)
 

 

 

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1    (230 ILCS 5/26.8 new)
2    Sec. 26.8. Beginning on February 1, 2014 and until January
331, 2017, each wagering licensee may impose a surcharge of up
4to 0.5% on winning wagers and winnings from wagers. The
5surcharge shall be deducted from winnings prior to payout. All
6amounts collected from the imposition of this surcharge shall
7be evenly distributed to the organization licensee and the
8purse account of the organization licensee with which the
9licensee is affiliated. The amounts distributed under this
10Section shall be in addition to the amounts paid pursuant to
11paragraph (10) of subsection (h) of Section 26, Section 26.3,
12Section 26.4, Section 26.5, and Section 26.7.
 
13    (230 ILCS 5/26.9 new)
14    Sec. 26.9. Beginning on February 1, 2014 until January 31,
152017, in addition to the surcharge imposed in Sections 26.3,
1626.4, 26.5, 26.7, and 26.8 of this Act, each licensee shall
17impose a surcharge of 0.2% on winning wagers and winnings from
18wagers. The surcharge shall be deducted from winnings prior to
19payout. All amounts collected from the surcharges imposed under
20this Section shall be remitted to the Board. From amounts
21collected under this Section, the Board shall deposit an amount
22not to exceed $100,000 annually into the Quarter Horse Purse
23Fund and all remaining amounts into the Horse Racing Fund.
 

 

 

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1    (230 ILCS 5/27)  (from Ch. 8, par. 37-27)
2    Sec. 27. (a) In addition to the organization license fee
3provided by this Act, until January 1, 2000, a graduated
4privilege tax is hereby imposed for conducting the pari-mutuel
5system of wagering permitted under this Act. Until January 1,
62000, except as provided in subsection (g) of Section 27 of
7this Act, all of the breakage of each racing day held by any
8licensee in the State shall be paid to the State. Until January
91, 2000, such daily graduated privilege tax shall be paid by
10the licensee from the amount permitted to be retained under
11this Act. Until January 1, 2000, each day's graduated privilege
12tax, breakage, and Horse Racing Tax Allocation funds shall be
13remitted to the Department of Revenue within 48 hours after the
14close of the racing day upon which it is assessed or within
15such other time as the Board prescribes. The privilege tax
16hereby imposed, until January 1, 2000, shall be a flat tax at
17the rate of 2% of the daily pari-mutuel handle except as
18provided in Section 27.1.
19    In addition, every organization licensee, except as
20provided in Section 27.1 of this Act, which conducts multiple
21wagering shall pay, until January 1, 2000, as a privilege tax
22on multiple wagers an amount equal to 1.25% of all moneys
23wagered each day on such multiple wagers, plus an additional
24amount equal to 3.5% of the amount wagered each day on any
25other multiple wager which involves a single betting interest
26on 3 or more horses. The licensee shall remit the amount of

 

 

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1such taxes to the Department of Revenue within 48 hours after
2the close of the racing day on which it is assessed or within
3such other time as the Board prescribes.
4    This subsection (a) shall be inoperative and of no force
5and effect on and after January 1, 2000.
6    (a-5) Beginning on January 1, 2000, a flat pari-mutuel tax
7at the rate of 1.5% of the daily pari-mutuel handle is imposed
8at all pari-mutuel wagering facilities and on advance deposit
9wagering from a location other than a wagering facility, except
10as otherwise provided for in this subsection (a-5). In addition
11to the pari-mutuel tax imposed on advance deposit wagering
12pursuant to this subsection (a-5), beginning on August 24, 2012
13(the effective date of Public Act 97-1060) this amendatory Act
14of the 97th General Assembly until February 1, 2017 January 31,
152014, an additional pari-mutuel tax at the rate of 0.25% shall
16be imposed on advance deposit wagering. Until August 25, 2012,
17the additional 0.25% pari-mutuel tax imposed on advance deposit
18wagering by Public Act 96-972 shall be deposited into the
19Quarter Horse Purse Fund, which shall be created as a
20non-appropriated trust fund administered by the Board for
21grants to thoroughbred organization licensees for payment of
22purses for quarter horse races conducted by the organization
23licensee. Beginning on August 26, 2012, the additional 0.25%
24pari-mutuel tax imposed on advance deposit wagering shall be
25deposited into the Standardbred Purse Fund, which shall be
26created as a non-appropriated trust fund administered by the

 

 

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1Board, for grants to the standardbred organization licensees
2for payment of purses for standardbred horse races conducted by
3the organization licensee. Thoroughbred organization licensees
4may petition the Board to conduct quarter horse racing and
5receive purse grants from the Quarter Horse Purse Fund. The
6Board shall have complete discretion in distributing the
7Quarter Horse Purse Fund to the petitioning organization
8licensees. Beginning on July 26, 2010 (the effective date of
9Public Act 96-1287), a pari-mutuel tax at the rate of 0.75% of
10the daily pari-mutuel handle is imposed at a pari-mutuel
11facility whose license is derived from a track located in a
12county that borders the Mississippi River and conducted live
13racing in the previous year. The pari-mutuel tax imposed by
14this subsection (a-5) shall be remitted to the Department of
15Revenue within 48 hours after the close of the racing day upon
16which it is assessed or within such other time as the Board
17prescribes.
18    (b) On or before December 31, 1999, in the event that any
19organization licensee conducts 2 separate programs of races on
20any day, each such program shall be considered a separate
21racing day for purposes of determining the daily handle and
22computing the privilege tax on such daily handle as provided in
23subsection (a) of this Section.
24    (c) Licensees shall at all times keep accurate books and
25records of all monies wagered on each day of a race meeting and
26of the taxes paid to the Department of Revenue under the

 

 

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1provisions of this Section. The Board or its duly authorized
2representative or representatives shall at all reasonable
3times have access to such records for the purpose of examining
4and checking the same and ascertaining whether the proper
5amount of taxes is being paid as provided. The Board shall
6require verified reports and a statement of the total of all
7monies wagered daily at each wagering facility upon which the
8taxes are assessed and may prescribe forms upon which such
9reports and statement shall be made.
10    (d) Any licensee failing or refusing to pay the amount of
11any tax due under this Section shall be guilty of a business
12offense and upon conviction shall be fined not more than $5,000
13in addition to the amount found due as tax under this Section.
14Each day's violation shall constitute a separate offense. All
15fines paid into Court by a licensee hereunder shall be
16transmitted and paid over by the Clerk of the Court to the
17Board.
18    (e) No other license fee, privilege tax, excise tax, or
19racing fee, except as provided in this Act, shall be assessed
20or collected from any such licensee by the State.
21    (f) No other license fee, privilege tax, excise tax or
22racing fee shall be assessed or collected from any such
23licensee by units of local government except as provided in
24paragraph 10.1 of subsection (h) and subsection (f) of Section
2526 of this Act. However, any municipality that has a Board
26licensed horse race meeting at a race track wholly within its

 

 

09800HB0011sam003- 49 -LRB098 00182 ZMM 54533 a

1corporate boundaries or a township that has a Board licensed
2horse race meeting at a race track wholly within the
3unincorporated area of the township may charge a local
4amusement tax not to exceed 10 per admission to such horse
5race meeting by the enactment of an ordinance. However, any
6municipality or county that has a Board licensed inter-track
7wagering location facility wholly within its corporate
8boundaries may each impose an admission fee not to exceed $1.00
9per admission to such inter-track wagering location facility,
10so that a total of not more than $2.00 per admission may be
11imposed. Except as provided in subparagraph (g) of Section 27
12of this Act, the inter-track wagering location licensee shall
13collect any and all such fees and within 48 hours remit the
14fees to the Board, which shall, pursuant to rule, cause the
15fees to be distributed to the county or municipality.
16    (g) Notwithstanding any provision in this Act to the
17contrary, if in any calendar year the total taxes and fees
18required to be collected from licensees and distributed under
19this Act to all State and local governmental authorities
20exceeds the amount of such taxes and fees distributed to each
21State and local governmental authority to which each State and
22local governmental authority was entitled under this Act for
23calendar year 1994, then the first $11 million of that excess
24amount shall be allocated at the earliest possible date for
25distribution as purse money for the succeeding calendar year.
26Upon reaching the 1994 level, and until the excess amount of

 

 

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1taxes and fees exceeds $11 million, the Board shall direct all
2licensees to cease paying the subject taxes and fees and the
3Board shall direct all licensees to allocate any such excess
4amount for purses as follows:
5        (i) the excess amount shall be initially divided
6    between thoroughbred and standardbred purses based on the
7    thoroughbred's and standardbred's respective percentages
8    of total Illinois live wagering in calendar year 1994;
9        (ii) each thoroughbred and standardbred organization
10    licensee issued an organization licensee in that
11    succeeding allocation year shall be allocated an amount
12    equal to the product of its percentage of total Illinois
13    live thoroughbred or standardbred wagering in calendar
14    year 1994 (the total to be determined based on the sum of
15    1994 on-track wagering for all organization licensees
16    issued organization licenses in both the allocation year
17    and the preceding year) multiplied by the total amount
18    allocated for standardbred or thoroughbred purses,
19    provided that the first $1,500,000 of the amount allocated
20    to standardbred purses under item (i) shall be allocated to
21    the Department of Agriculture to be expended with the
22    assistance and advice of the Illinois Standardbred
23    Breeders Funds Advisory Board for the purposes listed in
24    subsection (g) of Section 31 of this Act, before the amount
25    allocated to standardbred purses under item (i) is
26    allocated to standardbred organization licensees in the

 

 

09800HB0011sam003- 51 -LRB098 00182 ZMM 54533 a

1    succeeding allocation year.
2    To the extent the excess amount of taxes and fees to be
3collected and distributed to State and local governmental
4authorities exceeds $11 million, that excess amount shall be
5collected and distributed to State and local authorities as
6provided for under this Act.
7(Source: P.A. 97-1060, eff. 8-24-12; 98-18, eff. 6-7-13.)
 
8    (230 ILCS 5/28.1)
9    Sec. 28.1. Payments.
10    (a) Beginning on January 1, 2000, moneys collected by the
11Department of Revenue and the Racing Board pursuant to Section
1226 or Section 27 of this Act shall be deposited into the Horse
13Racing Fund, which is hereby created as a special fund in the
14State Treasury.
15    (b) Appropriations, as approved by the General Assembly,
16may be made from the Horse Racing Fund to the Board to pay the
17salaries of the Board members, secretary, stewards, directors
18of mutuels, veterinarians, representatives, accountants,
19clerks, stenographers, inspectors and other employees of the
20Board, and all expenses of the Board incident to the
21administration of this Act, including, but not limited to, all
22expenses and salaries incident to the taking of saliva and
23urine samples in accordance with the rules and regulations of
24the Board.
25    (c) (Blank) Beginning on January 1, 2000, the Board shall

 

 

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1transfer the remainder of the funds generated pursuant to
2Sections 26 and 27 from the Horse Racing Fund into the General
3Revenue Fund.
4    (d) Beginning January 1, 2000, payments to all programs in
5existence on the effective date of this amendatory Act of 1999
6that are identified in Sections 26(c), 26(f), 26(h)(11)(C), and
728, subsections (a), (b), (c), (d), (e), (f), (g), and (h) of
8Section 30, and subsections (a), (b), (c), (d), (e), (f), (g),
9and (h) of Section 31 shall be made from the General Revenue
10Fund at the funding levels determined by amounts paid under
11this Act in calendar year 1998. Beginning on the effective date
12of this amendatory Act of the 93rd General Assembly, payments
13to the Peoria Park District shall be made from the General
14Revenue Fund at the funding level determined by amounts paid to
15that park district for museum purposes under this Act in
16calendar year 1994.
17    If an inter-track wagering location licensee's facility
18changes its location, then the payments associated with that
19facility under this subsection (d) for museum purposes shall be
20paid to the park district in the area where the facility
21relocates, and the payments shall be used for museum purposes.
22If the facility does not relocate to a park district, then the
23payments shall be paid to the taxing district that is
24responsible for park or museum expenditures.
25    (e) Beginning July 1, 2006, the payment authorized under
26subsection (d) to museums and aquariums located in park

 

 

09800HB0011sam003- 53 -LRB098 00182 ZMM 54533 a

1districts of over 500,000 population shall be paid to museums,
2aquariums, and zoos in amounts determined by Museums in the
3Park, an association of museums, aquariums, and zoos located on
4Chicago Park District property.
5    (f) Beginning July 1, 2007, the Children's Discovery Museum
6in Normal, Illinois shall receive payments from the General
7Revenue Fund at the funding level determined by the amounts
8paid to the Miller Park Zoo in Bloomington, Illinois under this
9Section in calendar year 2006.
10(Source: P.A. 95-222, eff. 8-16-07; 96-562, eff. 8-18-09.)".
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.".