Rep. Robert Rita

Filed: 11/27/2013

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 66

2    AMENDMENT NO. ______. Amend Senate Bill 66, 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

 

 

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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

 

 

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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

 

 

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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

 

 

09800SB0066ham005- 25 -LRB098 04946 ZMM 50166 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 the additional
12    inter-track wagering location licenses authorized under
13    paragraph (1) of this subsection (h) by this amendatory Act
14    of the 98th General Assembly, inter-track wagering and
15    simulcast wagering shall not be conducted by those
16    inter-track wagering location licensees that are located
17    outside the City of Chicago at any location within 8 miles
18    of any race track at which a horse race meeting has been
19    licensed in the current year, unless the person having
20    operating control of such race track has given its written
21    consent to such inter-track wagering location licensees,
22    which consent must be filed with the Board at or prior to
23    the time application is made.
24        (8.2) Inter-track wagering or simulcast wagering shall
25    not be conducted by an inter-track wagering location
26    licensee at any location within 500 feet of an existing

 

 

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1    church or existing school, nor within 500 feet of the
2    residences of more than 50 registered voters if without
3    receiving written permission from a majority of the
4    registered voters at such residences object in writing to
5    the Board. The applicant for the inter-track wagering
6    location licensee shall provide written notice to all
7    registered voters residing within 500 feet of the proposed
8    location of the proposed use if there are more than 50
9    registered within 500 feet. Such written objection
10    permission statements shall be filed with the Board within
11    30 days of the notice being sent by the applicant, and the
12    Board must hold a hearing on the objections. The distance
13    of 500 feet shall be measured to the nearest part of any
14    building used for worship services, education programs,
15    residential purposes, or conducting inter-track wagering
16    by an inter-track wagering location licensee, and not to
17    property boundaries. However, inter-track wagering or
18    simulcast wagering may be conducted at a site within 500
19    feet of a church , school or residences of 50 or more
20    registered voters if such church , school or residences
21    have been erected or established, or such voters have been
22    registered, after the Board issues the original
23    inter-track wagering location license at the site in
24    question. Inter-track wagering location licensees may
25    conduct inter-track wagering and simulcast wagering only
26    in areas that are zoned for commercial or manufacturing

 

 

09800SB0066ham005- 27 -LRB098 04946 ZMM 50166 a

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

 

 

09800SB0066ham005- 28 -LRB098 04946 ZMM 50166 a

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

 

 

09800SB0066ham005- 29 -LRB098 04946 ZMM 50166 a

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

 

 

09800SB0066ham005- 30 -LRB098 04946 ZMM 50166 a

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

 

 

09800SB0066ham005- 31 -LRB098 04946 ZMM 50166 a

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

 

 

09800SB0066ham005- 32 -LRB098 04946 ZMM 50166 a

1    licensee during the calendar year in question; and (iv) 8%
2    of the pari-mutuel handle on inter-track wagering wagered
3    at such location to satisfy all costs and expenses of
4    conducting its wagering. The remainder of the monies
5    retained by the inter-track wagering location licensee
6    shall be allocated 40% to the location licensee and 60% to
7    the organization licensee which provides the Illinois
8    races to the location, except that an intertrack wagering
9    location licensee that derives its license from a track
10    located in a county with a population in excess of 230,000
11    and that borders the Mississippi River shall not divide any
12    remaining retention with the organization licensee that
13    provides the race or races and an intertrack wagering
14    location licensee that accepts wagers on races conducted by
15    an organization licensee that conducts a race meet in a
16    county with a population in excess of 230,000 and that
17    borders the Mississippi River shall not divide any
18    remaining retention with the organization licensee.
19    Notwithstanding the provisions of clauses (ii) and (iv) of
20    this paragraph, in the case of the additional inter-track
21    wagering location licenses authorized under paragraph (1)
22    of this subsection (h) by this amendatory Act of 1991,
23    those licensees shall pay the following amounts as purses:
24    during the first 12 months the licensee is in operation,
25    5.25% of the pari-mutuel handle wagered at the location on
26    races; during the second 12 months, 5.25%; during the third

 

 

09800SB0066ham005- 33 -LRB098 04946 ZMM 50166 a

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

 

 

09800SB0066ham005- 34 -LRB098 04946 ZMM 50166 a

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

 

 

09800SB0066ham005- 35 -LRB098 04946 ZMM 50166 a

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

 

 

09800SB0066ham005- 36 -LRB098 04946 ZMM 50166 a

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    Illinois State Fair in Sangamon County or the DuQuoin State
2    Fair in Perry County, or to any wagering conducted on those
3    race meetings.
4    (i) Notwithstanding the other provisions of this Act, the
5conduct of wagering at wagering facilities is authorized on all
6days, except as limited by subsection (b) of Section 19 of this
7Act.
8(Source: P.A. 97-1060, eff. 8-24-12; 98-18, eff. 6-7-13.)
 
9    (230 ILCS 5/26.8 new)
10    Sec. 26.8. Beginning on February 1, 2014 and until January
1131, 2017, each wagering licensee may impose a surcharge of up
12to 0.5% on winning wagers and winnings from wagers. The
13surcharge shall be deducted from winnings prior to payout. All
14amounts collected from the imposition of this surcharge shall
15be evenly distributed to the organization licensee and the
16purse account of the organization licensee with which the
17licensee is affiliated. The amounts distributed under this
18Section shall be in addition to the amounts paid pursuant to
19paragraph (10) of subsection (h) of Section 26, Section 26.3,
20Section 26.4, Section 26.5, and Section 26.7.
 
21    (230 ILCS 5/26.9 new)
22    Sec. 26.9. Beginning on February 1, 2014 until January 31,
232017, in addition to the surcharge imposed in Sections 26.3,
2426.4, 26.5, 26.7, and 26.8 of this Act, each licensee shall

 

 

09800SB0066ham005- 45 -LRB098 04946 ZMM 50166 a

1impose a surcharge of 0.2% on winning wagers and winnings from
2wagers. The surcharge shall be deducted from winnings prior to
3payout. All amounts collected from the surcharges imposed under
4this Section shall be remitted to the Board. From amounts
5collected under this Section, the Board shall deposit an amount
6not to exceed $100,000 annually into the Quarter Horse Purse
7Fund and all remaining amounts into the Horse Racing Fund.
 
8    (230 ILCS 5/27)  (from Ch. 8, par. 37-27)
9    Sec. 27. (a) In addition to the organization license fee
10provided by this Act, until January 1, 2000, a graduated
11privilege tax is hereby imposed for conducting the pari-mutuel
12system of wagering permitted under this Act. Until January 1,
132000, except as provided in subsection (g) of Section 27 of
14this Act, all of the breakage of each racing day held by any
15licensee in the State shall be paid to the State. Until January
161, 2000, such daily graduated privilege tax shall be paid by
17the licensee from the amount permitted to be retained under
18this Act. Until January 1, 2000, each day's graduated privilege
19tax, breakage, and Horse Racing Tax Allocation funds shall be
20remitted to the Department of Revenue within 48 hours after the
21close of the racing day upon which it is assessed or within
22such other time as the Board prescribes. The privilege tax
23hereby imposed, until January 1, 2000, shall be a flat tax at
24the rate of 2% of the daily pari-mutuel handle except as
25provided in Section 27.1.

 

 

09800SB0066ham005- 46 -LRB098 04946 ZMM 50166 a

1    In addition, every organization licensee, except as
2provided in Section 27.1 of this Act, which conducts multiple
3wagering shall pay, until January 1, 2000, as a privilege tax
4on multiple wagers an amount equal to 1.25% of all moneys
5wagered each day on such multiple wagers, plus an additional
6amount equal to 3.5% of the amount wagered each day on any
7other multiple wager which involves a single betting interest
8on 3 or more horses. The licensee shall remit the amount of
9such taxes to the Department of Revenue within 48 hours after
10the close of the racing day on which it is assessed or within
11such other time as the Board prescribes.
12    This subsection (a) shall be inoperative and of no force
13and effect on and after January 1, 2000.
14    (a-5) Beginning on January 1, 2000, a flat pari-mutuel tax
15at the rate of 1.5% of the daily pari-mutuel handle is imposed
16at all pari-mutuel wagering facilities and on advance deposit
17wagering from a location other than a wagering facility, except
18as otherwise provided for in this subsection (a-5). In addition
19to the pari-mutuel tax imposed on advance deposit wagering
20pursuant to this subsection (a-5), beginning on August 24, 2012
21(the effective date of Public Act 97-1060) this amendatory Act
22of the 97th General Assembly until February 1, 2017 January 31,
232014, an additional pari-mutuel tax at the rate of 0.25% shall
24be imposed on advance deposit wagering. Until August 25, 2012,
25the additional 0.25% pari-mutuel tax imposed on advance deposit
26wagering by Public Act 96-972 shall be deposited into the

 

 

09800SB0066ham005- 47 -LRB098 04946 ZMM 50166 a

1Quarter Horse Purse Fund, which shall be created as a
2non-appropriated trust fund administered by the Board for
3grants to thoroughbred organization licensees for payment of
4purses for quarter horse races conducted by the organization
5licensee. Beginning on August 26, 2012, the additional 0.25%
6pari-mutuel tax imposed on advance deposit wagering shall be
7deposited into the Standardbred Purse Fund, which shall be
8created as a non-appropriated trust fund administered by the
9Board, for grants to the standardbred organization licensees
10for payment of purses for standardbred horse races conducted by
11the organization licensee. Thoroughbred organization licensees
12may petition the Board to conduct quarter horse racing and
13receive purse grants from the Quarter Horse Purse Fund. The
14Board shall have complete discretion in distributing the
15Quarter Horse Purse Fund to the petitioning organization
16licensees. Beginning on July 26, 2010 (the effective date of
17Public Act 96-1287), a pari-mutuel tax at the rate of 0.75% of
18the daily pari-mutuel handle is imposed at a pari-mutuel
19facility whose license is derived from a track located in a
20county that borders the Mississippi River and conducted live
21racing in the previous year. The pari-mutuel tax imposed by
22this subsection (a-5) shall be remitted to the Department of
23Revenue within 48 hours after the close of the racing day upon
24which it is assessed or within such other time as the Board
25prescribes.
26    (b) On or before December 31, 1999, in the event that any

 

 

09800SB0066ham005- 48 -LRB098 04946 ZMM 50166 a

1organization licensee conducts 2 separate programs of races on
2any day, each such program shall be considered a separate
3racing day for purposes of determining the daily handle and
4computing the privilege tax on such daily handle as provided in
5subsection (a) of this Section.
6    (c) Licensees shall at all times keep accurate books and
7records of all monies wagered on each day of a race meeting and
8of the taxes paid to the Department of Revenue under the
9provisions of this Section. The Board or its duly authorized
10representative or representatives shall at all reasonable
11times have access to such records for the purpose of examining
12and checking the same and ascertaining whether the proper
13amount of taxes is being paid as provided. The Board shall
14require verified reports and a statement of the total of all
15monies wagered daily at each wagering facility upon which the
16taxes are assessed and may prescribe forms upon which such
17reports and statement shall be made.
18    (d) Any licensee failing or refusing to pay the amount of
19any tax due under this Section shall be guilty of a business
20offense and upon conviction shall be fined not more than $5,000
21in addition to the amount found due as tax under this Section.
22Each day's violation shall constitute a separate offense. All
23fines paid into Court by a licensee hereunder shall be
24transmitted and paid over by the Clerk of the Court to the
25Board.
26    (e) No other license fee, privilege tax, excise tax, or

 

 

09800SB0066ham005- 49 -LRB098 04946 ZMM 50166 a

1racing fee, except as provided in this Act, shall be assessed
2or collected from any such licensee by the State.
3    (f) No other license fee, privilege tax, excise tax or
4racing fee shall be assessed or collected from any such
5licensee by units of local government except as provided in
6paragraph 10.1 of subsection (h) and subsection (f) of Section
726 of this Act. However, any municipality that has a Board
8licensed horse race meeting at a race track wholly within its
9corporate boundaries or a township that has a Board licensed
10horse race meeting at a race track wholly within the
11unincorporated area of the township may charge a local
12amusement tax not to exceed 10˘ per admission to such horse
13race meeting by the enactment of an ordinance. However, any
14municipality or county that has a Board licensed inter-track
15wagering location facility wholly within its corporate
16boundaries may each impose an admission fee not to exceed $1.00
17per admission to such inter-track wagering location facility,
18so that a total of not more than $2.00 per admission may be
19imposed. Except as provided in subparagraph (g) of Section 27
20of this Act, the inter-track wagering location licensee shall
21collect any and all such fees and within 48 hours remit the
22fees to the Board, which shall, pursuant to rule, cause the
23fees to be distributed to the county or municipality.
24    (g) Notwithstanding any provision in this Act to the
25contrary, if in any calendar year the total taxes and fees
26required to be collected from licensees and distributed under

 

 

09800SB0066ham005- 50 -LRB098 04946 ZMM 50166 a

1this Act to all State and local governmental authorities
2exceeds the amount of such taxes and fees distributed to each
3State and local governmental authority to which each State and
4local governmental authority was entitled under this Act for
5calendar year 1994, then the first $11 million of that excess
6amount shall be allocated at the earliest possible date for
7distribution as purse money for the succeeding calendar year.
8Upon reaching the 1994 level, and until the excess amount of
9taxes and fees exceeds $11 million, the Board shall direct all
10licensees to cease paying the subject taxes and fees and the
11Board shall direct all licensees to allocate any such excess
12amount for purses as follows:
13        (i) the excess amount shall be initially divided
14    between thoroughbred and standardbred purses based on the
15    thoroughbred's and standardbred's respective percentages
16    of total Illinois live wagering in calendar year 1994;
17        (ii) each thoroughbred and standardbred organization
18    licensee issued an organization licensee in that
19    succeeding allocation year shall be allocated an amount
20    equal to the product of its percentage of total Illinois
21    live thoroughbred or standardbred wagering in calendar
22    year 1994 (the total to be determined based on the sum of
23    1994 on-track wagering for all organization licensees
24    issued organization licenses in both the allocation year
25    and the preceding year) multiplied by the total amount
26    allocated for standardbred or thoroughbred purses,

 

 

09800SB0066ham005- 51 -LRB098 04946 ZMM 50166 a

1    provided that the first $1,500,000 of the amount allocated
2    to standardbred purses under item (i) shall be allocated to
3    the Department of Agriculture to be expended with the
4    assistance and advice of the Illinois Standardbred
5    Breeders Funds Advisory Board for the purposes listed in
6    subsection (g) of Section 31 of this Act, before the amount
7    allocated to standardbred purses under item (i) is
8    allocated to standardbred organization licensees in the
9    succeeding allocation year.
10    To the extent the excess amount of taxes and fees to be
11collected and distributed to State and local governmental
12authorities exceeds $11 million, that excess amount shall be
13collected and distributed to State and local authorities as
14provided for under this Act.
15(Source: P.A. 97-1060, eff. 8-24-12; 98-18, eff. 6-7-13.)
 
16    (230 ILCS 5/28.1)
17    Sec. 28.1. Payments.
18    (a) Beginning on January 1, 2000, moneys collected by the
19Department of Revenue and the Racing Board pursuant to Section
2026 or Section 27 of this Act shall be deposited into the Horse
21Racing Fund, which is hereby created as a special fund in the
22State Treasury.
23    (b) Appropriations, as approved by the General Assembly,
24may be made from the Horse Racing Fund to the Board to pay the
25salaries of the Board members, secretary, stewards, directors

 

 

09800SB0066ham005- 52 -LRB098 04946 ZMM 50166 a

1of mutuels, veterinarians, representatives, accountants,
2clerks, stenographers, inspectors and other employees of the
3Board, and all expenses of the Board incident to the
4administration of this Act, including, but not limited to, all
5expenses and salaries incident to the taking of saliva and
6urine samples in accordance with the rules and regulations of
7the Board.
8    (c) (Blank) Beginning on January 1, 2000, the Board shall
9transfer the remainder of the funds generated pursuant to
10Sections 26 and 27 from the Horse Racing Fund into the General
11Revenue Fund.
12    (d) Beginning January 1, 2000, payments to all programs in
13existence on the effective date of this amendatory Act of 1999
14that are identified in Sections 26(c), 26(f), 26(h)(11)(C), and
1528, subsections (a), (b), (c), (d), (e), (f), (g), and (h) of
16Section 30, and subsections (a), (b), (c), (d), (e), (f), (g),
17and (h) of Section 31 shall be made from the General Revenue
18Fund at the funding levels determined by amounts paid under
19this Act in calendar year 1998. Beginning on the effective date
20of this amendatory Act of the 93rd General Assembly, payments
21to the Peoria Park District shall be made from the General
22Revenue Fund at the funding level determined by amounts paid to
23that park district for museum purposes under this Act in
24calendar year 1994.
25    If an inter-track wagering location licensee's facility
26changes its location, then the payments associated with that

 

 

09800SB0066ham005- 53 -LRB098 04946 ZMM 50166 a

1facility under this subsection (d) for museum purposes shall be
2paid to the park district in the area where the facility
3relocates, and the payments shall be used for museum purposes.
4If the facility does not relocate to a park district, then the
5payments shall be paid to the taxing district that is
6responsible for park or museum expenditures.
7    (e) Beginning July 1, 2006, the payment authorized under
8subsection (d) to museums and aquariums located in park
9districts of over 500,000 population shall be paid to museums,
10aquariums, and zoos in amounts determined by Museums in the
11Park, an association of museums, aquariums, and zoos located on
12Chicago Park District property.
13    (f) Beginning July 1, 2007, the Children's Discovery Museum
14in Normal, Illinois shall receive payments from the General
15Revenue Fund at the funding level determined by the amounts
16paid to the Miller Park Zoo in Bloomington, Illinois under this
17Section in calendar year 2006.
18(Source: P.A. 95-222, eff. 8-16-07; 96-562, eff. 8-18-09.)".