98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2431

 

Introduced , by Rep. Jay Hoffman

 

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

    Amends the Illinois Horse Racing Act of 1975. Makes a technical change in a Section concerning wagering.


LRB098 10791 AMC 41231 b

 

 

A BILL FOR

 

HB2431LRB098 10791 AMC 41231 b

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

 

 

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

 

 

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1remaining unclaimed, less any uncashed supplements contributed
2by such licensee for the purpose of guaranteeing minimum
3distributions of any pari-mutuel pool, shall be evenly
4distributed to the purse account of the organization licensee
5and the organization licensee.
6    (d) A pari-mutuel ticket shall be honored until December 31
7of the next calendar year, and the licensee shall pay the same
8and may charge the amount thereof against unpaid money
9similarly accumulated on account of pari-mutuel tickets not
10presented for payment.
11    (e) No licensee shall knowingly permit any minor, other
12than an employee of such licensee or an owner, trainer, jockey,
13driver, or employee thereof, to be admitted during a racing
14program unless accompanied by a parent or guardian, or any
15minor to be a patron of the pari-mutuel system of wagering
16conducted or supervised by it. The admission of any
17unaccompanied minor, other than an employee of the licensee or
18an owner, trainer, jockey, driver, or employee thereof at a
19race track is a Class C misdemeanor.
20    (f) Notwithstanding the other provisions of this Act, an
21organization licensee may contract with an entity in another
22state or country to permit any legal wagering entity in another
23state or country to accept wagers solely within such other
24state or country on races conducted by the organization
25licensee in this State. Beginning January 1, 2000, these wagers
26shall not be subject to State taxation. Until January 1, 2000,

 

 

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1when the out-of-State entity conducts a pari-mutuel pool
2separate from the organization licensee, a privilege tax equal
3to 7 1/2% of all monies received by the organization licensee
4from entities in other states or countries pursuant to such
5contracts is imposed on the organization licensee, and such
6privilege tax shall be remitted to the Department of Revenue
7within 48 hours of receipt of the moneys from the simulcast.
8When the out-of-State entity conducts a combined pari-mutuel
9pool with the organization licensee, the tax shall be 10% of
10all monies received by the organization licensee with 25% of
11the receipts from this 10% tax to be distributed to the county
12in which the race was conducted.
13    An organization licensee may permit one or more of its
14races to be utilized for pari-mutuel wagering at one or more
15locations in other states and may transmit audio and visual
16signals of races the organization licensee conducts to one or
17more locations outside the State or country and may also permit
18pari-mutuel pools in other states or countries to be combined
19with its gross or net wagering pools or with wagering pools
20established by other states.
21    (g) A host track may accept interstate simulcast wagers on
22horse races conducted in other states or countries and shall
23control the number of signals and types of breeds of racing in
24its simulcast program, subject to the disapproval of the Board.
25The Board may prohibit a simulcast program only if it finds
26that the simulcast program is clearly adverse to the integrity

 

 

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1of racing. The host track simulcast program shall include the
2signal of live racing of all organization licensees. All
3non-host licensees and advance deposit wagering licensees
4shall carry the signal of and accept wagers on live racing of
5all organization licensees. Advance deposit wagering licensees
6shall not be permitted to accept out-of-state wagers on any
7Illinois signal provided pursuant to this Section without the
8approval and consent of the organization licensee providing the
9signal. Non-host licensees may carry the host track simulcast
10program and shall accept wagers on all races included as part
11of the simulcast program upon which wagering is permitted. All
12organization licensees shall provide their live signal to all
13advance deposit wagering licensees for a simulcast commission
14fee not to exceed 6% of the advance deposit wagering licensee's
15Illinois handle on the organization licensee's signal without
16prior approval by the Board. The Board may adopt rules under
17which it may permit simulcast commission fees in excess of 6%.
18The Board shall adopt rules limiting the interstate commission
19fees charged to an advance deposit wagering licensee. The Board
20shall adopt rules regarding advance deposit wagering on
21interstate simulcast races that shall reflect, among other
22things, the General Assembly's desire to maximize revenues to
23the State, horsemen purses, and organizational licensees.
24However, organization licensees providing live signals
25pursuant to the requirements of this subsection (g) may
26petition the Board to withhold their live signals from an

 

 

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1advance deposit wagering licensee if the organization licensee
2discovers and the Board finds reputable or credible information
3that the advance deposit wagering licensee is under
4investigation by another state or federal governmental agency,
5the advance deposit wagering licensee's license has been
6suspended in another state, or the advance deposit wagering
7licensee's license is in revocation proceedings in another
8state. The organization licensee's provision of their live
9signal to an advance deposit wagering licensee under this
10subsection (g) pertains to wagers placed from within Illinois.
11Advance deposit wagering licensees may place advance deposit
12wagering terminals at wagering facilities as a convenience to
13customers. The advance deposit wagering licensee shall not
14charge or collect any fee from purses for the placement of the
15advance deposit wagering terminals. The costs and expenses of
16the host track and non-host licensees associated with
17interstate simulcast wagering, other than the interstate
18commission fee, shall be borne by the host track and all
19non-host licensees incurring these costs. The interstate
20commission fee shall not exceed 5% of Illinois handle on the
21interstate simulcast race or races without prior approval of
22the Board. The Board shall promulgate rules under which it may
23permit interstate commission fees in excess of 5%. The
24interstate commission fee and other fees charged by the sending
25racetrack, including, but not limited to, satellite decoder
26fees, shall be uniformly applied to the host track and all

 

 

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1non-host licensees.
2    Notwithstanding any other provision of this Act, until
3January 1, 2013, an organization licensee may maintain a system
4whereby advance deposit wagering may take place or an
5organization licensee, with the consent of the horsemen
6association representing the largest number of owners,
7trainers, jockeys, or standardbred drivers who race horses at
8that organization licensee's racing meeting, may contract with
9another person to carry out a system of advance deposit
10wagering. Such consent may not be unreasonably withheld. All
11advance deposit wagers placed from within Illinois must be
12placed through a Board-approved advance deposit wagering
13licensee; no other entity may accept an advance deposit wager
14from a person within Illinois. All advance deposit wagering is
15subject to any rules adopted by the Board. The Board may adopt
16rules necessary to regulate advance deposit wagering through
17the use of emergency rulemaking in accordance with Section 5-45
18of the Illinois Administrative Procedure Act. The General
19Assembly finds that the adoption of rules to regulate advance
20deposit wagering is deemed an emergency and necessary for the
21public interest, safety, and welfare. An advance deposit
22wagering licensee may retain all moneys as agreed to by
23contract with an organization licensee. Any moneys retained by
24the organization licensee from advance deposit wagering, not
25including moneys retained by the advance deposit wagering
26licensee, shall be paid 50% to the organization licensee's

 

 

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1purse account and 50% to the organization licensee. If more
2than one breed races at the same race track facility, then the
350% of the moneys to be paid to an organization licensee's
4purse account shall be allocated among all organization
5licensees' purse accounts operating at that race track facility
6proportionately based on the actual number of host days that
7the Board grants to that breed at that race track facility in
8the current calendar year. To the extent any fees from advance
9deposit wagering conducted in Illinois for wagers in Illinois
10or other states have been placed in escrow or otherwise
11withheld from wagers pending a determination of the legality of
12advance deposit wagering, no action shall be brought to declare
13such wagers or the disbursement of any fees previously escrowed
14illegal.
15        (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
16    intertrack wagering licensee other than the host track may
17    supplement the host track simulcast program with
18    additional simulcast races or race programs, provided that
19    between January 1 and the third Friday in February of any
20    year, inclusive, if no live thoroughbred racing is
21    occurring in Illinois during this period, only
22    thoroughbred races may be used for supplemental interstate
23    simulcast purposes. The Board shall withhold approval for a
24    supplemental interstate simulcast only if it finds that the
25    simulcast is clearly adverse to the integrity of racing. A
26    supplemental interstate simulcast may be transmitted from

 

 

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1    an intertrack wagering licensee to its affiliated non-host
2    licensees. The interstate commission fee for a
3    supplemental interstate simulcast shall be paid by the
4    non-host licensee and its affiliated non-host licensees
5    receiving the simulcast.
6        (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
7    intertrack wagering licensee other than the host track may
8    receive supplemental interstate simulcasts only with the
9    consent of the host track, except when the Board finds that
10    the simulcast is clearly adverse to the integrity of
11    racing. Consent granted under this paragraph (2) to any
12    intertrack wagering licensee shall be deemed consent to all
13    non-host licensees. The interstate commission fee for the
14    supplemental interstate simulcast shall be paid by all
15    participating non-host licensees.
16        (3) Each licensee conducting interstate simulcast
17    wagering may retain, subject to the payment of all
18    applicable taxes and the purses, an amount not to exceed
19    17% of all money wagered. If any licensee conducts the
20    pari-mutuel system wagering on races conducted at
21    racetracks in another state or country, each such race or
22    race program shall be considered a separate racing day for
23    the purpose of determining the daily handle and computing
24    the privilege tax of that daily handle as provided in
25    subsection (a) of Section 27. Until January 1, 2000, from
26    the sums permitted to be retained pursuant to this

 

 

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1    subsection, each intertrack wagering location licensee
2    shall pay 1% of the pari-mutuel handle wagered on simulcast
3    wagering to the Horse Racing Tax Allocation Fund, subject
4    to the provisions of subparagraph (B) of paragraph (11) of
5    subsection (h) of Section 26 of this Act.
6        (4) A licensee who receives an interstate simulcast may
7    combine its gross or net pools with pools at the sending
8    racetracks pursuant to rules established by the Board. All
9    licensees combining their gross pools at a sending
10    racetrack shall adopt the take-out percentages of the
11    sending racetrack. A licensee may also establish a separate
12    pool and takeout structure for wagering purposes on races
13    conducted at race tracks outside of the State of Illinois.
14    The licensee may permit pari-mutuel wagers placed in other
15    states or countries to be combined with its gross or net
16    wagering pools or other wagering pools.
17        (5) After the payment of the interstate commission fee
18    (except for the interstate commission fee on a supplemental
19    interstate simulcast, which shall be paid by the host track
20    and by each non-host licensee through the host-track) and
21    all applicable State and local taxes, except as provided in
22    subsection (g) of Section 27 of this Act, the remainder of
23    moneys retained from simulcast wagering pursuant to this
24    subsection (g), and Section 26.2 shall be divided as
25    follows:
26            (A) For interstate simulcast wagers made at a host

 

 

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

 

 

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1            (A) Between January 1 and the third Friday in
2        February, inclusive, if no live thoroughbred racing is
3        occurring in Illinois during this period, when the
4        interstate simulcast is a standardbred race, the purse
5        share to its standardbred purse account;
6            (B) Between January 1 and the third Friday in
7        February, inclusive, if no live thoroughbred racing is
8        occurring in Illinois during this period, and the
9        interstate simulcast is a thoroughbred race, the purse
10        share to its interstate simulcast purse pool to be
11        distributed under paragraph (10) of this subsection
12        (g);
13            (C) Between January 1 and the third Friday in
14        February, inclusive, if live thoroughbred racing is
15        occurring in Illinois, between 6:30 a.m. and 6:30 p.m.
16        the purse share from wagers made during this time
17        period to its thoroughbred purse account and between
18        6:30 p.m. and 6:30 a.m. the purse share from wagers
19        made during this time period to its standardbred purse
20        accounts;
21            (D) Between the third Saturday in February and
22        December 31, when the interstate simulcast occurs
23        between the hours of 6:30 a.m. and 6:30 p.m., the purse
24        share to its thoroughbred purse account;
25            (E) Between the third Saturday in February and
26        December 31, when the interstate simulcast occurs

 

 

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1        between the hours of 6:30 p.m. and 6:30 a.m., the purse
2        share to its standardbred purse account.
3        (7.1) Notwithstanding any other provision of this Act
4    to the contrary, if no standardbred racing is conducted at
5    a racetrack located in Madison County during any calendar
6    year beginning on or after January 1, 2002, all moneys
7    derived by that racetrack from simulcast wagering and
8    inter-track wagering that (1) are to be used for purses and
9    (2) are generated between the hours of 6:30 p.m. and 6:30
10    a.m. during that calendar year shall be paid as follows:
11            (A) If the licensee that conducts horse racing at
12        that racetrack requests from the Board at least as many
13        racing dates as were conducted in calendar year 2000,
14        80% shall be paid to its thoroughbred purse account;
15        and
16            (B) Twenty percent shall be deposited into the
17        Illinois Colt Stakes Purse Distribution Fund and shall
18        be paid to purses for standardbred races for Illinois
19        conceived and foaled horses conducted at any county
20        fairgrounds. The moneys deposited into the Fund
21        pursuant to this subparagraph (B) shall be deposited
22        within 2 weeks after the day they were generated, shall
23        be in addition to and not in lieu of any other moneys
24        paid to standardbred purses under this Act, and shall
25        not be commingled with other moneys paid into that
26        Fund. The moneys deposited pursuant to this

 

 

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1        subparagraph (B) shall be allocated as provided by the
2        Department of Agriculture, with the advice and
3        assistance of the Illinois Standardbred Breeders Fund
4        Advisory Board.
5        (7.2) Notwithstanding any other provision of this Act
6    to the contrary, if no thoroughbred racing is conducted at
7    a racetrack located in Madison County during any calendar
8    year beginning on or after January 1, 2002, all moneys
9    derived by that racetrack from simulcast wagering and
10    inter-track wagering that (1) are to be used for purses and
11    (2) are generated between the hours of 6:30 a.m. and 6:30
12    p.m. during that calendar year shall be deposited as
13    follows:
14            (A) If the licensee that conducts horse racing at
15        that racetrack requests from the Board at least as many
16        racing dates as were conducted in calendar year 2000,
17        80% shall be deposited into its standardbred purse
18        account; and
19            (B) Twenty percent shall be deposited into the
20        Illinois Colt Stakes Purse Distribution Fund. Moneys
21        deposited into the Illinois Colt Stakes Purse
22        Distribution Fund pursuant to this subparagraph (B)
23        shall be paid to Illinois conceived and foaled
24        thoroughbred breeders' programs and to thoroughbred
25        purses for races conducted at any county fairgrounds
26        for Illinois conceived and foaled horses at the

 

 

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1        discretion of the Department of Agriculture, with the
2        advice and assistance of the Illinois Thoroughbred
3        Breeders Fund Advisory Board. The moneys deposited
4        into the Illinois Colt Stakes Purse Distribution 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 thoroughbred purses under this Act, and shall
9        not be commingled with other moneys deposited into that
10        Fund.
11        (7.3) If no live standardbred racing is conducted at a
12    racetrack located in Madison County in calendar year 2000
13    or 2001, an organization licensee who is licensed to
14    conduct horse racing at that racetrack shall, before
15    January 1, 2002, pay all moneys derived from simulcast
16    wagering and inter-track wagering in calendar years 2000
17    and 2001 and paid into the licensee's standardbred purse
18    account as follows:
19            (A) Eighty percent to that licensee's thoroughbred
20        purse account to be used for thoroughbred purses; and
21            (B) Twenty percent to the Illinois Colt Stakes
22        Purse Distribution Fund.
23        Failure to make the payment to the Illinois Colt Stakes
24    Purse Distribution Fund before January 1, 2002 shall result
25    in the immediate revocation of the licensee's organization
26    license, inter-track wagering license, and inter-track

 

 

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1    wagering location license.
2        Moneys paid into the Illinois Colt Stakes Purse
3    Distribution Fund pursuant to this paragraph (7.3) shall be
4    paid to purses for standardbred races for Illinois
5    conceived and foaled horses conducted at any county
6    fairgrounds. Moneys paid into the Illinois Colt Stakes
7    Purse Distribution Fund pursuant to this paragraph (7.3)
8    shall be used as determined by the Department of
9    Agriculture, with the advice and assistance of the Illinois
10    Standardbred Breeders Fund Advisory Board, shall be in
11    addition to and not in lieu of any other moneys paid to
12    standardbred purses under this Act, and shall not be
13    commingled with any other moneys paid into that Fund.
14        (7.4) If live standardbred racing is conducted at a
15    racetrack located in Madison County at any time in calendar
16    year 2001 before the payment required under paragraph (7.3)
17    has been made, the organization licensee who is licensed to
18    conduct racing at that racetrack shall pay all moneys
19    derived by that racetrack from simulcast wagering and
20    inter-track wagering during calendar years 2000 and 2001
21    that (1) are to be used for purses and (2) are generated
22    between the hours of 6:30 p.m. and 6:30 a.m. during 2000 or
23    2001 to the standardbred purse account at that racetrack to
24    be used for standardbred purses.
25        (8) Notwithstanding any provision in this Act to the
26    contrary, an organization licensee from a track located in

 

 

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

 

 

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1    and include all such races as part of their simulcast
2    programs.
3        (13) Notwithstanding any other provision of this Act,
4    in the event that the total Illinois pari-mutuel handle on
5    Illinois horse races at all wagering facilities in any
6    calendar year is less than 75% of the total Illinois
7    pari-mutuel handle on Illinois horse races at all such
8    wagering facilities for calendar year 1994, then each
9    wagering facility that has an annual total Illinois
10    pari-mutuel handle on Illinois horse races that is less
11    than 75% of the total Illinois pari-mutuel handle on
12    Illinois horse races at such wagering facility for calendar
13    year 1994, shall be permitted to receive, from any amount
14    otherwise payable to the purse account at the race track
15    with which the wagering facility is affiliated in the
16    succeeding calendar year, an amount equal to 2% of the
17    differential in total Illinois pari-mutuel handle on
18    Illinois horse races at the wagering facility between that
19    calendar year in question and 1994 provided, however, that
20    a wagering facility shall not be entitled to any such
21    payment until the Board certifies in writing to the
22    wagering facility the amount to which the wagering facility
23    is entitled and a schedule for payment of the amount to the
24    wagering facility, based on: (i) the racing dates awarded
25    to the race track affiliated with the wagering facility
26    during the succeeding year; (ii) the sums available or

 

 

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1    anticipated to be available in the purse account of the
2    race track affiliated with the wagering facility for purses
3    during the succeeding year; and (iii) the need to ensure
4    reasonable purse levels during the payment period. The
5    Board's certification shall be provided no later than
6    January 31 of the succeeding year. In the event a wagering
7    facility entitled to a payment under this paragraph (13) is
8    affiliated with a race track that maintains purse accounts
9    for both standardbred and thoroughbred racing, the amount
10    to be paid to the wagering facility shall be divided
11    between each purse account pro rata, based on the amount of
12    Illinois handle on Illinois standardbred and thoroughbred
13    racing respectively at the wagering facility during the
14    previous calendar year. Annually, the General Assembly
15    shall appropriate sufficient funds from the General
16    Revenue Fund to the Department of Agriculture for payment
17    into the thoroughbred and standardbred horse racing purse
18    accounts at Illinois pari-mutuel tracks. The amount paid to
19    each purse account shall be the amount certified by the
20    Illinois Racing Board in January to be transferred from
21    each account to each eligible racing facility in accordance
22    with the provisions of this Section.
23    (h) The Board may approve and license the conduct of
24inter-track wagering and simulcast wagering by inter-track
25wagering licensees and inter-track wagering location licensees
26subject to the following terms and conditions:

 

 

HB2431- 20 -LRB098 10791 AMC 41231 b

1        (1) Any person licensed to conduct a race meeting (i)
2    at a track where 60 or more days of racing were conducted
3    during the immediately preceding calendar year or where
4    over the 5 immediately preceding calendar years an average
5    of 30 or more days of racing were conducted annually may be
6    issued an inter-track wagering license; (ii) at a track
7    located in a county that is bounded by the Mississippi
8    River, which has a population of less than 150,000
9    according to the 1990 decennial census, and an average of
10    at least 60 days of racing per year between 1985 and 1993
11    may be issued an inter-track wagering license; or (iii) at
12    a track located in Madison County that conducted at least
13    100 days of live racing during the immediately preceding
14    calendar year may be issued an inter-track wagering
15    license, unless a lesser schedule of live racing is the
16    result of (A) weather, unsafe track conditions, or other
17    acts of God; (B) an agreement between the organization
18    licensee and the associations representing the largest
19    number of owners, trainers, jockeys, or standardbred
20    drivers who race horses at that organization licensee's
21    racing meeting; or (C) a finding by the Board of
22    extraordinary circumstances and that it was in the best
23    interest of the public and the sport to conduct fewer than
24    100 days of live racing. Any such person having operating
25    control of the racing facility may also receive up to 6
26    inter-track wagering location licenses. In no event shall

 

 

HB2431- 21 -LRB098 10791 AMC 41231 b

1    more than 6 inter-track wagering locations be established
2    for each eligible race track, except that an eligible race
3    track located in a county that has a population of more
4    than 230,000 and that is bounded by the Mississippi River
5    may establish up to 7 inter-track wagering locations. An
6    application for said license shall be filed with the Board
7    prior to such dates as may be fixed by the Board. With an
8    application for an inter-track wagering location license
9    there shall be delivered to the Board a certified check or
10    bank draft payable to the order of the Board for an amount
11    equal to $500. The application shall be on forms prescribed
12    and furnished by the Board. The application shall comply
13    with all other rules, regulations and conditions imposed by
14    the Board in connection therewith.
15        (2) The Board shall examine the applications with
16    respect to their conformity with this Act and the rules and
17    regulations imposed by the Board. If found to be in
18    compliance with the Act and rules and regulations of the
19    Board, the Board may then issue a license to conduct
20    inter-track wagering and simulcast wagering to such
21    applicant. All such applications shall be acted upon by the
22    Board at a meeting to be held on such date as may be fixed
23    by the Board.
24        (3) In granting licenses to conduct inter-track
25    wagering and simulcast wagering, the Board shall give due
26    consideration to the best interests of the public, of horse

 

 

HB2431- 22 -LRB098 10791 AMC 41231 b

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

 

 

HB2431- 23 -LRB098 10791 AMC 41231 b

1    not be conducted at any track less than 5 miles from a
2    track at which a racing meeting is in progress.
3        (8.1) Inter-track wagering location licensees who
4    derive their licenses from a particular organization
5    licensee shall conduct inter-track wagering and simulcast
6    wagering only at locations which are either within 90 miles
7    of that race track where the particular organization
8    licensee is licensed to conduct racing, or within 135 miles
9    of that race track where the particular organization
10    licensee is licensed to conduct racing in the case of race
11    tracks in counties of less than 400,000 that were operating
12    on or before June 1, 1986. However, inter-track wagering
13    and simulcast wagering shall not be conducted by those
14    licensees at any location within 5 miles of any race track
15    at which a horse race meeting has been licensed in the
16    current year, unless the person having operating control of
17    such race track has given its written consent to such
18    inter-track wagering location licensees, which consent
19    must be filed with the Board at or prior to the time
20    application is made.
21        (8.2) Inter-track wagering or simulcast wagering shall
22    not be conducted by an inter-track wagering location
23    licensee at any location within 500 feet of an existing
24    church or existing school, nor within 500 feet of the
25    residences of more than 50 registered voters without
26    receiving written permission from a majority of the

 

 

HB2431- 24 -LRB098 10791 AMC 41231 b

1    registered voters at such residences. Such written
2    permission statements shall be filed with the Board. The
3    distance of 500 feet shall be measured to the nearest part
4    of any building used for worship services, education
5    programs, residential purposes, or conducting inter-track
6    wagering by an inter-track wagering location licensee, and
7    not to property boundaries. However, inter-track wagering
8    or simulcast wagering may be conducted at a site within 500
9    feet of a church, school or residences of 50 or more
10    registered voters if such church, school or residences have
11    been erected or established, or such voters have been
12    registered, after the Board issues the original
13    inter-track wagering location license at the site in
14    question. Inter-track wagering location licensees may
15    conduct inter-track wagering and simulcast wagering only
16    in areas that are zoned for commercial or manufacturing
17    purposes or in areas for which a special use has been
18    approved by the local zoning authority. However, no license
19    to conduct inter-track wagering and simulcast wagering
20    shall be granted by the Board with respect to any
21    inter-track wagering location within the jurisdiction of
22    any local zoning authority which has, by ordinance or by
23    resolution, prohibited the establishment of an inter-track
24    wagering location within its jurisdiction. However,
25    inter-track wagering and simulcast wagering may be
26    conducted at a site if such ordinance or resolution is

 

 

HB2431- 25 -LRB098 10791 AMC 41231 b

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

 

 

HB2431- 26 -LRB098 10791 AMC 41231 b

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

 

 

HB2431- 27 -LRB098 10791 AMC 41231 b

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

 

 

HB2431- 28 -LRB098 10791 AMC 41231 b

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

 

 

HB2431- 29 -LRB098 10791 AMC 41231 b

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

 

 

HB2431- 30 -LRB098 10791 AMC 41231 b

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

 

 

HB2431- 31 -LRB098 10791 AMC 41231 b

1    authorized under this amendatory Act of 1995, purses for
2    the first 12 months the licensee is in operation shall be
3    5.75% of the pari-mutuel wagered at the location, purses
4    for the second 12 months the licensee is in operation shall
5    be 6.25%, and purses thereafter shall be 6.75%. For
6    additional intertrack location licensees authorized under
7    this amendatory Act of 1995, the licensee shall be allowed
8    to retain to satisfy all costs and expenses: 7.75% of the
9    pari-mutuel handle wagered at the location during its first
10    12 months of operation, 7.25% during its second 12 months
11    of operation, and 6.75% thereafter.
12        (C) There is hereby created the Horse Racing Tax
13    Allocation Fund which shall remain in existence until
14    December 31, 1999. Moneys remaining in the Fund after
15    December 31, 1999 shall be paid into the General Revenue
16    Fund. Until January 1, 2000, all monies paid into the Horse
17    Racing Tax Allocation Fund pursuant to this paragraph (11)
18    by inter-track wagering location licensees located in park
19    districts of 500,000 population or less, or in a
20    municipality that is not included within any park district
21    but is included within a conservation district and is the
22    county seat of a county that (i) is contiguous to the state
23    of Indiana and (ii) has a 1990 population of 88,257
24    according to the United States Bureau of the Census, and
25    operating on May 1, 1994 shall be allocated by
26    appropriation as follows:

 

 

HB2431- 32 -LRB098 10791 AMC 41231 b

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

 

 

HB2431- 33 -LRB098 10791 AMC 41231 b

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

 

 

HB2431- 34 -LRB098 10791 AMC 41231 b

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

 

 

HB2431- 35 -LRB098 10791 AMC 41231 b

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

 

 

HB2431- 36 -LRB098 10791 AMC 41231 b

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

 

 

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

 

 

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

 

 

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1        reasonable rules and regulations for the purpose of
2        administering the conduct of this wagering and to
3        prescribe reasonable rules, regulations and conditions
4        under which such wagering shall be held and conducted.
5        Such rules and regulations are to provide for the
6        prevention of practices detrimental to the public
7        interest and for the best interests of said wagering
8        and to impose penalties for violations thereof.
9            (B) The Board, and any person or persons to whom it
10        delegates this power, is vested with the power to enter
11        the facilities of any licensee to determine whether
12        there has been compliance with the provisions of this
13        Act and the rules and regulations relating to the
14        conduct of such wagering.
15            (C) The Board, and any person or persons to whom it
16        delegates this power, may eject or exclude from any
17        licensee's facilities, any person whose conduct or
18        reputation is such that his presence on such premises
19        may, in the opinion of the Board, call into the
20        question the honesty and integrity of, or interfere
21        with the orderly conduct of such wagering; provided,
22        however, that no person shall be excluded or ejected
23        from such premises solely on the grounds of race,
24        color, creed, national origin, ancestry, or sex.
25            (D) (Blank).
26            (E) The Board is vested with the power to appoint

 

 

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

 

 

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1    which the licensees will conduct wagering. In the event
2    that a licensee conducts inter-track pari-mutuel wagering
3    on races from the Illinois State Fair or DuQuoin State Fair
4    which are in addition to the licensee's previously approved
5    racing program, those races shall be considered a separate
6    racing day for the purpose of determining the daily handle
7    and computing the privilege or pari-mutuel tax on that
8    daily handle as provided in Sections 27 and 27.1. Such
9    agreements shall be approved by the Board before such
10    wagering may be conducted. In determining whether to grant
11    approval, the Board shall give due consideration to the
12    best interests of the public and of horse racing. The
13    provisions of paragraphs (1), (8), (8.1), and (8.2) of
14    subsection (h) of this Section which are not specified in
15    this paragraph (13) shall not apply to licensed race
16    meetings conducted by the Department of Agriculture at the
17    Illinois State Fair in Sangamon County or the DuQuoin State
18    Fair in Perry County, or to any wagering conducted on those
19    race meetings.
20    (i) Notwithstanding the other provisions of this Act, the
21conduct of wagering at wagering facilities is authorized on all
22days, except as limited by subsection (b) of Section 19 of this
23Act.
24(Source: P.A. 96-762, eff. 8-25-09; 97-1060, eff. 8-24-12.)