Illinois General Assembly - Full Text of SB3158
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Full Text of SB3158  102nd General Assembly

SB3158eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB3158 EngrossedLRB102 23650 AMQ 32832 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. Intent. This Act is not intended to interfere
5with the limitations on the conduct of sports wagering at
6inter-track wagering locations in Section 25-30 of the Sports
7Wagering Act.
 
8    Section 10. The Illinois Horse Racing Act of 1975 is
9amended by changing Section 26 as follows:
 
10    (230 ILCS 5/26)  (from Ch. 8, par. 37-26)
11    Sec. 26. Wagering.
12    (a) Any licensee may conduct and supervise the pari-mutuel
13system of wagering, as defined in Section 3.12 of this Act, on
14horse races conducted by an Illinois organization licensee or
15conducted at a racetrack located in another state or country
16in accordance with subsection (g) of Section 26 of this Act.
17Subject to the prior consent of the Board, licensees may
18supplement any pari-mutuel pool in order to guarantee a
19minimum distribution. Such pari-mutuel method of wagering
20shall not, under any circumstances if conducted under the
21provisions of this Act, be held or construed to be unlawful,
22other statutes of this State to the contrary notwithstanding.

 

 

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1Subject to rules for advance wagering promulgated by the
2Board, any licensee may accept wagers in advance of the day of
3the race wagered upon occurs.
4    (b) Except for those gaming activities for which a license
5is obtained and authorized under the Illinois Lottery Law, the
6Charitable Games Act, the Raffles and Poker Runs Act, or the
7Illinois Gambling Act, no other method of betting, pool
8making, wagering or gambling shall be used or permitted by the
9licensee. Each licensee may retain, subject to the payment of
10all applicable taxes and purses, an amount not to exceed 17% of
11all money wagered under subsection (a) of this Section, except
12as may otherwise be permitted under this Act.
13    (b-5) An individual may place a wager under the
14pari-mutuel system from any licensed location authorized under
15this Act provided that wager is electronically recorded in the
16manner described in Section 3.12 of this Act. Any wager made
17electronically by an individual while physically on the
18premises of a licensee shall be deemed to have been made at the
19premises of that licensee.
20    (c) (Blank).
21    (c-5) The sum held by any licensee for payment of
22outstanding pari-mutuel tickets, if unclaimed prior to
23December 31 of the next year, shall be retained by the licensee
24for payment of such tickets until that date. Within 10 days
25thereafter, the balance of such sum remaining unclaimed, less
26any uncashed supplements contributed by such licensee for the

 

 

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1purpose of guaranteeing minimum distributions of any
2pari-mutuel pool, shall be evenly distributed to the purse
3account of the organization licensee and the organization
4licensee, except that the balance of the sum of all
5outstanding pari-mutuel tickets generated from simulcast
6wagering and inter-track wagering by an organization licensee
7located in a county with a population in excess of 230,000 and
8borders the Mississippi River or any licensee that derives its
9license from that organization licensee shall be evenly
10distributed to the purse account of the organization licensee
11and the organization licensee.
12    (d) A pari-mutuel ticket shall be honored until December
1331 of the next calendar year, and the licensee shall pay the
14same and may charge the amount thereof against unpaid money
15similarly accumulated on account of pari-mutuel tickets not
16presented for payment.
17    (e) No licensee shall knowingly permit any minor, other
18than an employee of such licensee or an owner, trainer,
19jockey, driver, or employee thereof, to be admitted during a
20racing program unless accompanied by a parent or guardian, or
21any minor to be a patron of the pari-mutuel system of wagering
22conducted or supervised by it. The admission of any
23unaccompanied minor, other than an employee of the licensee or
24an owner, trainer, jockey, driver, or employee thereof at a
25race track is a Class C misdemeanor.
26    (f) Notwithstanding the other provisions of this Act, an

 

 

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1organization licensee may contract with an entity in another
2state or country to permit any legal wagering entity in
3another state or country to accept wagers solely within such
4other state or country on races conducted by the organization
5licensee in this State. Beginning January 1, 2000, these
6wagers shall not be subject to State taxation. Until January
71, 2000, when the out-of-State entity conducts a pari-mutuel
8pool separate from the organization licensee, a privilege tax
9equal to 7 1/2% of all monies received by the organization
10licensee from entities in other states or countries pursuant
11to such contracts is imposed on the organization licensee, and
12such privilege tax shall be remitted to the Department of
13Revenue within 48 hours of receipt of the moneys from the
14simulcast. When the out-of-State entity conducts a combined
15pari-mutuel pool with the organization licensee, the tax shall
16be 10% of all monies received by the organization licensee
17with 25% of the receipts from this 10% tax to be distributed to
18the county in which the race was conducted.
19    An organization licensee may permit one or more of its
20races to be utilized for pari-mutuel wagering at one or more
21locations in other states and may transmit audio and visual
22signals of races the organization licensee conducts to one or
23more locations outside the State or country and may also
24permit pari-mutuel pools in other states or countries to be
25combined with its gross or net wagering pools or with wagering
26pools established by other states.

 

 

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1    (g) A host track may accept interstate simulcast wagers on
2horse races conducted in other states or countries and shall
3control the number of signals and types of breeds of racing in
4its simulcast program, subject to the disapproval of the
5Board. The Board may prohibit a simulcast program only if it
6finds that the simulcast program is clearly adverse to the
7integrity of racing. The host track simulcast program shall
8include the signal of live racing of all organization
9licensees. All non-host licensees and advance deposit wagering
10licensees shall carry the signal of and accept wagers on live
11racing of all organization licensees. Advance deposit wagering
12licensees shall not be permitted to accept out-of-state wagers
13on any Illinois signal provided pursuant to this Section
14without the approval and consent of the organization licensee
15providing the signal. For one year after August 15, 2014 (the
16effective date of Public Act 98-968), non-host licensees may
17carry the host track simulcast program and shall accept wagers
18on all races included as part of the simulcast program of horse
19races conducted at race tracks located within North America
20upon which wagering is permitted. For a period of one year
21after August 15, 2014 (the effective date of Public Act
2298-968), on horse races conducted at race tracks located
23outside of North America, non-host licensees may accept wagers
24on all races included as part of the simulcast program upon
25which wagering is permitted. Beginning August 15, 2015 (one
26year after the effective date of Public Act 98-968), non-host

 

 

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1licensees may carry the host track simulcast program and shall
2accept wagers on all races included as part of the simulcast
3program upon which wagering is permitted. All organization
4licensees shall provide their live signal to all advance
5deposit wagering licensees for a simulcast commission fee not
6to exceed 6% of the advance deposit wagering licensee's
7Illinois handle on the organization licensee's signal without
8prior approval by the Board. The Board may adopt rules under
9which it may permit simulcast commission fees in excess of 6%.
10The Board shall adopt rules limiting the interstate commission
11fees charged to an advance deposit wagering licensee. The
12Board shall adopt rules regarding advance deposit wagering on
13interstate simulcast races that shall reflect, among other
14things, the General Assembly's desire to maximize revenues to
15the State, horsemen purses, and organization licensees.
16However, organization licensees providing live signals
17pursuant to the requirements of this subsection (g) may
18petition the Board to withhold their live signals from an
19advance deposit wagering licensee if the organization licensee
20discovers and the Board finds reputable or credible
21information that the advance deposit wagering licensee is
22under investigation by another state or federal governmental
23agency, the advance deposit wagering licensee's license has
24been suspended in another state, or the advance deposit
25wagering licensee's license is in revocation proceedings in
26another state. The organization licensee's provision of their

 

 

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1live signal to an advance deposit wagering licensee under this
2subsection (g) pertains to wagers placed from within Illinois.
3Advance deposit wagering licensees may place advance deposit
4wagering terminals at wagering facilities as a convenience to
5customers. The advance deposit wagering licensee shall not
6charge or collect any fee from purses for the placement of the
7advance deposit wagering terminals. The costs and expenses of
8the host track and non-host licensees associated with
9interstate simulcast wagering, other than the interstate
10commission fee, shall be borne by the host track and all
11non-host licensees incurring these costs. The interstate
12commission fee shall not exceed 5% of Illinois handle on the
13interstate simulcast race or races without prior approval of
14the Board. The Board shall promulgate rules under which it may
15permit interstate commission fees in excess of 5%. The
16interstate commission fee and other fees charged by the
17sending racetrack, including, but not limited to, satellite
18decoder fees, shall be uniformly applied to the host track and
19all non-host licensees.
20    Notwithstanding any other provision of this Act, an
21organization licensee, with the consent of the horsemen
22association representing the largest number of owners,
23trainers, jockeys, or standardbred drivers who race horses at
24that organization licensee's racing meeting, may maintain a
25system whereby advance deposit wagering may take place or an
26organization licensee, with the consent of the horsemen

 

 

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1association representing the largest number of owners,
2trainers, jockeys, or standardbred drivers who race horses at
3that organization licensee's racing meeting, may contract with
4another person to carry out a system of advance deposit
5wagering. Such consent may not be unreasonably withheld. Only
6with respect to an appeal to the Board that consent for an
7organization licensee that maintains its own advance deposit
8wagering system is being unreasonably withheld, the Board
9shall issue a final order within 30 days after initiation of
10the appeal, and the organization licensee's advance deposit
11wagering system may remain operational during that 30-day
12period. The actions of any organization licensee who conducts
13advance deposit wagering or any person who has a contract with
14an organization licensee to conduct advance deposit wagering
15who conducts advance deposit wagering on or after January 1,
162013 and prior to June 7, 2013 (the effective date of Public
17Act 98-18) taken in reliance on the changes made to this
18subsection (g) by Public Act 98-18 are hereby validated,
19provided payment of all applicable pari-mutuel taxes are
20remitted to the Board. All advance deposit wagers placed from
21within Illinois must be placed through a Board-approved
22advance deposit wagering licensee; no other entity may accept
23an advance deposit wager from a person within Illinois. All
24advance deposit wagering is subject to any rules adopted by
25the Board. The Board may adopt rules necessary to regulate
26advance deposit wagering through the use of emergency

 

 

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1rulemaking in accordance with Section 5-45 of the Illinois
2Administrative Procedure Act. The General Assembly finds that
3the adoption of rules to regulate advance deposit wagering is
4deemed an emergency and necessary for the public interest,
5safety, and welfare. An advance deposit wagering licensee may
6retain all moneys as agreed to by contract with an
7organization licensee. Any moneys retained by the organization
8licensee from advance deposit wagering, not including moneys
9retained by the advance deposit wagering licensee, shall be
10paid 50% to the organization licensee's purse account and 50%
11to the organization licensee. With the exception of any
12organization licensee that is owned by a publicly traded
13company that is incorporated in a state other than Illinois
14and advance deposit wagering licensees under contract with
15such organization licensees, organization licensees that
16maintain advance deposit wagering systems and advance deposit
17wagering licensees that contract with organization licensees
18shall provide sufficiently detailed monthly accountings to the
19horsemen association representing the largest number of
20owners, trainers, jockeys, or standardbred drivers who race
21horses at that organization licensee's racing meeting so that
22the horsemen association, as an interested party, can confirm
23the accuracy of the amounts paid to the purse account at the
24horsemen association's affiliated organization licensee from
25advance deposit wagering. If more than one breed races at the
26same race track facility, then the 50% of the moneys to be paid

 

 

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1to an organization licensee's purse account shall be allocated
2among all organization licensees' purse accounts operating at
3that race track facility proportionately based on the actual
4number of host days that the Board grants to that breed at that
5race track facility in the current calendar year. To the
6extent any fees from advance deposit wagering conducted in
7Illinois for wagers in Illinois or other states have been
8placed in escrow or otherwise withheld from wagers pending a
9determination of the legality of advance deposit wagering, no
10action shall be brought to declare such wagers or the
11disbursement of any fees previously escrowed illegal.
12        (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
13    inter-track wagering licensee other than the host track
14    may supplement the host track simulcast program with
15    additional simulcast races or race programs, provided that
16    between January 1 and the third Friday in February of any
17    year, inclusive, if no live thoroughbred racing is
18    occurring in Illinois during this period, only
19    thoroughbred races may be used for supplemental interstate
20    simulcast purposes. The Board shall withhold approval for
21    a supplemental interstate simulcast only if it finds that
22    the simulcast is clearly adverse to the integrity of
23    racing. A supplemental interstate simulcast may be
24    transmitted from an inter-track wagering licensee to its
25    affiliated non-host licensees. The interstate commission
26    fee for a supplemental interstate simulcast shall be paid

 

 

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

 

 

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1    Fund, subject to the provisions of subparagraph (B) of
2    paragraph (11) of subsection (h) of Section 26 of this
3    Act.
4        (4) A licensee who receives an interstate simulcast
5    may combine its gross or net pools with pools at the
6    sending racetracks pursuant to rules established by the
7    Board. All licensees combining their gross pools at a
8    sending racetrack shall adopt the takeout percentages of
9    the sending racetrack. A licensee may also establish a
10    separate pool and takeout structure for wagering purposes
11    on races conducted at race tracks outside of the State of
12    Illinois. The licensee may permit pari-mutuel wagers
13    placed in other states or countries to be combined with
14    its gross or net wagering pools or other wagering pools.
15        (5) After the payment of the interstate commission fee
16    (except for the interstate commission fee on a
17    supplemental interstate simulcast, which shall be paid by
18    the host track and by each non-host licensee through the
19    host track) and all applicable State and local taxes,
20    except as provided in subsection (g) of Section 27 of this
21    Act, the remainder of moneys retained from simulcast
22    wagering pursuant to this subsection (g), and Section 26.2
23    shall be divided as follows:
24            (A) For interstate simulcast wagers made at a host
25        track, 50% to the host track and 50% to purses at the
26        host track.

 

 

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1            (B) For wagers placed on interstate simulcast
2        races, supplemental simulcasts as defined in
3        subparagraphs (1) and (2), and separately pooled races
4        conducted outside of the State of Illinois made at a
5        non-host licensee, 25% to the host track, 25% to the
6        non-host licensee, and 50% to the purses at the host
7        track.
8        (6) Notwithstanding any provision in this Act to the
9    contrary, non-host licensees who derive their licenses
10    from a track located in a county with a population in
11    excess of 230,000 and that borders the Mississippi River
12    may receive supplemental interstate simulcast races at all
13    times subject to Board approval, which shall be withheld
14    only upon a finding that a supplemental interstate
15    simulcast is clearly adverse to the integrity of racing.
16        (7) Effective January 1, 2017, notwithstanding any
17    provision of this Act to the contrary, after payment of
18    all applicable State and local taxes and interstate
19    commission fees, non-host licensees who derive their
20    licenses from a track located in a county with a
21    population in excess of 230,000 and that borders the
22    Mississippi River shall retain 50% of the retention from
23    interstate simulcast wagers and shall pay 50% to purses at
24    the track from which the non-host licensee derives its
25    license.
26        (7.1) Notwithstanding any other provision of this Act

 

 

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

 

 

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

 

 

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1        Breeders Fund Advisory Board. The moneys deposited
2        into the Illinois Colt Stakes Purse Distribution Fund
3        pursuant to this subparagraph (B) shall be deposited
4        within 2 weeks after the day they were generated,
5        shall be in addition to and not in lieu of any other
6        moneys paid to thoroughbred purses under this Act, and
7        shall not be commingled with other moneys deposited
8        into that Fund.
9        (8) Notwithstanding any provision in this Act to the
10    contrary, an organization licensee from a track located in
11    a county with a population in excess of 230,000 and that
12    borders the Mississippi River and its affiliated non-host
13    licensees shall not be entitled to share in any retention
14    generated on racing, inter-track wagering, or simulcast
15    wagering at any other Illinois wagering facility.
16        (8.1) Notwithstanding any provisions in this Act to
17    the contrary, if 2 organization licensees are conducting
18    standardbred race meetings concurrently between the hours
19    of 6:30 p.m. and 6:30 a.m., after payment of all
20    applicable State and local taxes and interstate commission
21    fees, the remainder of the amount retained from simulcast
22    wagering otherwise attributable to the host track and to
23    host track purses shall be split daily between the 2
24    organization licensees and the purses at the tracks of the
25    2 organization licensees, respectively, based on each
26    organization licensee's share of the total live handle for

 

 

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

 

 

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

 

 

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1    Department of Agriculture for payment into the
2    thoroughbred and standardbred horse racing purse accounts
3    at Illinois pari-mutuel tracks. The amount paid to each
4    purse account shall be the amount certified by the
5    Illinois Racing Board in January to be transferred from
6    each account to each eligible racing facility in
7    accordance with the provisions of this Section. Beginning
8    in the calendar year in which an organization licensee
9    that is eligible to receive payment under this paragraph
10    (13) begins to receive funds from gaming pursuant to an
11    organization gaming license issued under the Illinois
12    Gambling Act, the amount of the payment due to all
13    wagering facilities licensed under that organization
14    licensee under this paragraph (13) shall be the amount
15    certified by the Board in January of that year. An
16    organization licensee and its related wagering facilities
17    shall no longer be able to receive payments under this
18    paragraph (13) beginning in the year subsequent to the
19    first year in which the organization licensee begins to
20    receive funds from gaming pursuant to an organization
21    gaming license issued under the Illinois Gambling Act.
22    (h) The Board may approve and license the conduct of
23inter-track wagering and simulcast wagering by inter-track
24wagering licensees and inter-track wagering location licensees
25subject to the following terms and conditions:
26        (1) Any person licensed to conduct a race meeting (i)

 

 

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1    at a track where 60 or more days of racing were conducted
2    during the immediately preceding calendar year or where
3    over the 5 immediately preceding calendar years an average
4    of 30 or more days of racing were conducted annually may be
5    issued an inter-track wagering license; (ii) at a track
6    located in a county that is bounded by the Mississippi
7    River, which has a population of less than 150,000
8    according to the 1990 decennial census, and an average of
9    at least 60 days of racing per year between 1985 and 1993
10    may be issued an inter-track wagering license; (iii) at a
11    track awarded standardbred racing dates; or (iv) at a
12    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 receive inter-track
26    wagering location licenses. An eligible race track located

 

 

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1    in a county that has a population of more than 230,000 and
2    that is bounded by the Mississippi River may establish up
3    to 9 inter-track wagering location licenses, and an
4    eligible race track conducting standardbred racing
5    pursuant to Section 19.5 may have up to 16 inter-track
6    wagering location licenses. In addition to the prior
7    sentence's inter-track wagering location licenses, all
8    other eligible race tracks may have up to 34 intertrack
9    wagering location licenses in total between all eligible
10    inter-track wagering licenses locations, an eligible race
11    track located in Stickney Township in Cook County may
12    establish up to 16 inter-track wagering locations, and an
13    eligible race track located in Palatine Township in Cook
14    County may establish up to 18 inter-track wagering
15    locations. An eligible racetrack conducting standardbred
16    racing may have up to 16 inter-track wagering locations.
17    An application for said license shall be filed with the
18    Board prior to such dates as may be fixed by the Board.
19    With an application for an inter-track wagering location
20    license there shall be delivered to the Board a certified
21    check or bank draft payable to the order of the Board for
22    an amount equal to $500. The application shall be on forms
23    prescribed and furnished by the Board. The application
24    shall comply with all other rules, regulations and
25    conditions imposed by the Board in connection therewith.
26        (2) The Board shall examine the applications with

 

 

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

 

 

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1    the track or location where the wagering is to be
2    conducted.
3        (6) All wagering under such license is subject to this
4    Act and to the rules and regulations from time to time
5    prescribed by the Board, and every such license issued by
6    the Board shall contain a recital to that effect.
7        (7) An inter-track wagering licensee or inter-track
8    wagering location licensee may accept wagers at the track
9    or location where it is licensed, or as otherwise provided
10    under this Act.
11        (8) Inter-track wagering or simulcast wagering shall
12    not be conducted at any track less than 4 miles from a
13    track at which a racing meeting is in progress.
14        (8.1) Inter-track wagering location licensees who
15    derive their licenses from a particular organization
16    licensee shall conduct inter-track wagering and simulcast
17    wagering only at locations that are within 160 miles of
18    that race track where the particular organization licensee
19    is licensed to conduct racing. However, inter-track
20    wagering and simulcast wagering shall not be conducted by
21    those licensees at any location within 5 miles of any race
22    track at which a horse race meeting has been licensed in
23    the current year, unless the person having operating
24    control of such race track has given its written consent
25    to such inter-track wagering location licensees, which
26    consent must be filed with the Board at or prior to the

 

 

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1    time application is made. In the case of any inter-track
2    wagering location licensee initially licensed after
3    December 31, 2013, inter-track wagering and simulcast
4    wagering shall not be conducted by those inter-track
5    wagering location licensees that are located outside the
6    City of Chicago at any location within 8 miles of any race
7    track at which a horse race meeting has been licensed in
8    the current year, unless the person having operating
9    control of such race track has given its written consent
10    to such inter-track wagering location licensees, which
11    consent must be filed with the Board at or prior to the
12    time application is made.
13        (8.2) Inter-track wagering or simulcast wagering shall
14    not be conducted by an inter-track wagering location
15    licensee at any location within 100 feet of an existing
16    church, an existing elementary or secondary public school,
17    or an existing elementary or secondary private school
18    registered with or recognized by the State Board of
19    Education. The distance of 100 feet shall be measured to
20    the nearest part of any building used for worship
21    services, education programs, or conducting inter-track
22    wagering by an inter-track wagering location licensee, and
23    not to property boundaries. However, inter-track wagering
24    or simulcast wagering may be conducted at a site within
25    100 feet of a church or school if such church or school has
26    been erected or established after the Board issues the

 

 

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

 

 

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1    Section 27.
2        (10.1) Except as provided in subsection (g) of Section
3    27 of this Act, inter-track wagering location licensees
4    shall pay 1% of the pari-mutuel handle at each location to
5    the municipality in which such location is situated and 1%
6    of the pari-mutuel handle at each location to the county
7    in which such location is situated. In the event that an
8    inter-track wagering location licensee is situated in an
9    unincorporated area of a county, such licensee shall pay
10    2% of the pari-mutuel handle from such location to such
11    county. Inter-track wagering location licensees must pay
12    the handle percentage required under this paragraph to the
13    municipality and county no later than the 20th of the
14    month following the month such handle was generated.
15        (10.2) Notwithstanding any other provision of this
16    Act, with respect to inter-track wagering at a race track
17    located in a county that has a population of more than
18    230,000 and that is bounded by the Mississippi River ("the
19    first race track"), or at a facility operated by an
20    inter-track wagering licensee or inter-track wagering
21    location licensee that derives its license from the
22    organization licensee that operates the first race track,
23    on races conducted at the first race track or on races
24    conducted at another Illinois race track and
25    simultaneously televised to the first race track or to a
26    facility operated by an inter-track wagering licensee or

 

 

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

 

 

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1    an inter-track wagering licensee that accepts wagers on
2    races conducted by an organization licensee that conducts
3    a race meet in a county with a population in excess of
4    230,000 and that borders the Mississippi River shall not
5    divide any remaining retention with that organization
6    licensee.
7        (B) From the sums permitted to be retained pursuant to
8    this Act each inter-track wagering location licensee shall
9    pay (i) the privilege or pari-mutuel tax to the State;
10    (ii) 4.75% of the pari-mutuel handle on inter-track
11    wagering at such location on races as purses, except that
12    an inter-track wagering location licensee that derives its
13    license from a track located in a county with a population
14    in excess of 230,000 and that borders the Mississippi
15    River shall retain all purse moneys for its own purse
16    account consistent with distribution set forth in this
17    subsection (h), and inter-track wagering location
18    licensees that accept wagers on races conducted by an
19    organization licensee located in a county with a
20    population in excess of 230,000 and that borders the
21    Mississippi River shall distribute all purse moneys to
22    purses at the operating host track; (iii) until January 1,
23    2000, except as provided in subsection (g) of Section 27
24    of this Act, 1% of the pari-mutuel handle wagered on
25    inter-track wagering and simulcast wagering at each
26    inter-track wagering location licensee facility to the

 

 

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1    Horse Racing Tax Allocation Fund, provided that, to the
2    extent the total amount collected and distributed to the
3    Horse Racing Tax Allocation Fund under this subsection (h)
4    during any calendar year exceeds the amount collected and
5    distributed to the Horse Racing Tax Allocation Fund during
6    calendar year 1994, that excess amount shall be
7    redistributed (I) to all inter-track wagering location
8    licensees, based on each licensee's pro rata share of the
9    total handle from inter-track wagering and simulcast
10    wagering for all inter-track wagering location licensees
11    during the calendar year in which this provision is
12    applicable; then (II) the amounts redistributed to each
13    inter-track wagering location licensee as described in
14    subpart (I) shall be further redistributed as provided in
15    subparagraph (B) of paragraph (5) of subsection (g) of
16    this Section 26 provided first, that the shares of those
17    amounts, which are to be redistributed to the host track
18    or to purses at the host track under subparagraph (B) of
19    paragraph (5) of subsection (g) of this Section 26 shall
20    be redistributed based on each host track's pro rata share
21    of the total inter-track wagering and simulcast wagering
22    handle at all host tracks during the calendar year in
23    question, and second, that any amounts redistributed as
24    described in part (I) to an inter-track wagering location
25    licensee that accepts wagers on races conducted by an
26    organization licensee that conducts a race meet in a

 

 

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1    county with a population in excess of 230,000 and that
2    borders the Mississippi River shall be further
3    redistributed, effective January 1, 2017, as provided in
4    paragraph (7) of subsection (g) of this Section 26, with
5    the portion of that further redistribution allocated to
6    purses at that organization licensee to be divided between
7    standardbred purses and thoroughbred purses based on the
8    amounts otherwise allocated to purses at that organization
9    licensee during the calendar year in question; and (iv) 8%
10    of the pari-mutuel handle on inter-track wagering wagered
11    at such location to satisfy all costs and expenses of
12    conducting its wagering. The remainder of the monies
13    retained by the inter-track wagering location licensee
14    shall be allocated 40% to the location licensee and 60% to
15    the organization licensee which provides the Illinois
16    races to the location, except that an inter-track wagering
17    location licensee that derives its license from a track
18    located in a county with a population in excess of 230,000
19    and that borders the Mississippi River shall not divide
20    any remaining retention with the organization licensee
21    that provides the race or races and an inter-track
22    wagering location licensee that accepts wagers on races
23    conducted by an organization licensee that conducts a race
24    meet in a county with a population in excess of 230,000 and
25    that borders the Mississippi River shall not divide any
26    remaining retention with the organization licensee.

 

 

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1    Notwithstanding the provisions of clauses (ii) and (iv) of
2    this paragraph, in the case of the additional inter-track
3    wagering location licenses authorized under paragraph (1)
4    of this subsection (h) by Public Act 87-110, those
5    licensees shall pay the following amounts as purses:
6    during the first 12 months the licensee is in operation,
7    5.25% of the pari-mutuel handle wagered at the location on
8    races; during the second 12 months, 5.25%; during the
9    third 12 months, 5.75%; during the fourth 12 months,
10    6.25%; and during the fifth 12 months and thereafter,
11    6.75%. The following amounts shall be retained by the
12    licensee to satisfy all costs and expenses of conducting
13    its wagering: during the first 12 months the licensee is
14    in operation, 8.25% of the pari-mutuel handle wagered at
15    the location; during the second 12 months, 8.25%; during
16    the third 12 months, 7.75%; during the fourth 12 months,
17    7.25%; and during the fifth 12 months and thereafter,
18    6.75%. For additional inter-track wagering location
19    licensees authorized under Public Act 89-16, purses for
20    the first 12 months the licensee is in operation shall be
21    5.75% of the pari-mutuel wagered at the location, purses
22    for the second 12 months the licensee is in operation
23    shall be 6.25%, and purses thereafter shall be 6.75%. For
24    additional inter-track location licensees authorized under
25    Public Act 89-16, the licensee shall be allowed to retain
26    to satisfy all costs and expenses: 7.75% of the

 

 

SB3158 Engrossed- 32 -LRB102 23650 AMQ 32832 b

1    pari-mutuel handle wagered at the location during its
2    first 12 months of operation, 7.25% during its second 12
3    months of operation, and 6.75% thereafter.
4        (C) There is hereby created the Horse Racing Tax
5    Allocation Fund which shall remain in existence until
6    December 31, 1999. Moneys remaining in the Fund after
7    December 31, 1999 shall be paid into the General Revenue
8    Fund. Until January 1, 2000, all monies paid into the
9    Horse Racing Tax Allocation Fund pursuant to this
10    paragraph (11) by inter-track wagering location licensees
11    located in park districts of 500,000 population or less,
12    or in a municipality that is not included within any park
13    district but is included within a conservation district
14    and is the county seat of a county that (i) is contiguous
15    to the state of Indiana and (ii) has a 1990 population of
16    88,257 according to the United States Bureau of the
17    Census, and operating on May 1, 1994 shall be allocated by
18    appropriation as follows:
19            Two-sevenths to the Department of Agriculture.
20        Fifty percent of this two-sevenths shall be used to
21        promote the Illinois horse racing and breeding
22        industry, and shall be distributed by the Department
23        of Agriculture upon the advice of a 9-member committee
24        appointed by the Governor consisting of the following
25        members: the Director of Agriculture, who shall serve
26        as chairman; 2 representatives of organization

 

 

SB3158 Engrossed- 33 -LRB102 23650 AMQ 32832 b

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

 

 

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1        two-sevenths shall be distributed to county fairs for
2        premiums and rehabilitation as set forth in the
3        Agricultural Fair Act;
4            Four-sevenths to park districts or municipalities
5        that do not have a park district of 500,000 population
6        or less for museum purposes (if an inter-track
7        wagering location licensee is located in such a park
8        district) or to conservation districts for museum
9        purposes (if an inter-track wagering location licensee
10        is located in a municipality that is not included
11        within any park district but is included within a
12        conservation district and is the county seat of a
13        county that (i) is contiguous to the state of Indiana
14        and (ii) has a 1990 population of 88,257 according to
15        the United States Bureau of the Census, except that if
16        the conservation district does not maintain a museum,
17        the monies shall be allocated equally between the
18        county and the municipality in which the inter-track
19        wagering location licensee is located for general
20        purposes) or to a municipal recreation board for park
21        purposes (if an inter-track wagering location licensee
22        is located in a municipality that is not included
23        within any park district and park maintenance is the
24        function of the municipal recreation board and the
25        municipality has a 1990 population of 9,302 according
26        to the United States Bureau of the Census); provided

 

 

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1        that the monies are distributed to each park district
2        or conservation district or municipality that does not
3        have a park district in an amount equal to
4        four-sevenths of the amount collected by each
5        inter-track wagering location licensee within the park
6        district or conservation district or municipality for
7        the Fund. Monies that were paid into the Horse Racing
8        Tax Allocation Fund before August 9, 1991 (the
9        effective date of Public Act 87-110) by an inter-track
10        wagering location licensee located in a municipality
11        that is not included within any park district but is
12        included within a conservation district as provided in
13        this paragraph shall, as soon as practicable after
14        August 9, 1991 (the effective date of Public Act
15        87-110), be allocated and paid to that conservation
16        district as provided in this paragraph. Any park
17        district or municipality not maintaining a museum may
18        deposit the monies in the corporate fund of the park
19        district or municipality where the inter-track
20        wagering location is located, to be used for general
21        purposes; and
22            One-seventh to the Agricultural Premium Fund to be
23        used for distribution to agricultural home economics
24        extension councils in accordance with "An Act in
25        relation to additional support and finances for the
26        Agricultural and Home Economic Extension Councils in

 

 

SB3158 Engrossed- 36 -LRB102 23650 AMQ 32832 b

1        the several counties of this State and making an
2        appropriation therefor", approved July 24, 1967.
3        Until January 1, 2000, all other monies paid into the
4    Horse Racing Tax Allocation Fund pursuant to this
5    paragraph (11) shall be allocated by appropriation as
6    follows:
7            Two-sevenths to the Department of Agriculture.
8        Fifty percent of this two-sevenths shall be used to
9        promote the Illinois horse racing and breeding
10        industry, and shall be distributed by the Department
11        of Agriculture upon the advice of a 9-member committee
12        appointed by the Governor consisting of the following
13        members: the Director of Agriculture, who shall serve
14        as chairman; 2 representatives of organization
15        licensees conducting thoroughbred race meetings in
16        this State, recommended by those licensees; 2
17        representatives of organization licensees conducting
18        standardbred race meetings in this State, recommended
19        by those licensees; a representative of the Illinois
20        Thoroughbred Breeders and Owners Foundation,
21        recommended by that Foundation; a representative of
22        the Illinois Standardbred Owners and Breeders
23        Association, recommended by that Association; a
24        representative of the Horsemen's Benevolent and
25        Protective Association or any successor organization
26        thereto established in Illinois comprised of the

 

 

SB3158 Engrossed- 37 -LRB102 23650 AMQ 32832 b

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

 

 

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

 

 

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

 

 

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

 

 

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1        representative of the Board and whose duty it shall be
2        to supervise the conduct of inter-track wagering as
3        may be provided for by the rules and regulations of the
4        Board; such rules and regulation shall specify the
5        method of appointment and the Director's powers,
6        authority and duties.
7            (G) The Board is vested with the power to impose
8        civil penalties of up to $5,000 against individuals
9        and up to $10,000 against licensees for each violation
10        of any provision of this Act relating to the conduct of
11        this wagering, any rules adopted by the Board, any
12        order of the Board or any other action which in the
13        Board's discretion, is a detriment or impediment to
14        such wagering.
15        (13) The Department of Agriculture may enter into
16    agreements with licensees authorizing such licensees to
17    conduct inter-track wagering on races to be held at the
18    licensed race meetings conducted by the Department of
19    Agriculture. Such agreement shall specify the races of the
20    Department of Agriculture's licensed race meeting upon
21    which the licensees will conduct wagering. In the event
22    that a licensee conducts inter-track pari-mutuel wagering
23    on races from the Illinois State Fair or DuQuoin State
24    Fair which are in addition to the licensee's previously
25    approved racing program, those races shall be considered a
26    separate racing day for the purpose of determining the

 

 

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1    daily handle and computing the privilege or pari-mutuel
2    tax on that daily handle as provided in Sections 27 and
3    27.1. Such agreements shall be approved by the Board
4    before such wagering may be conducted. In determining
5    whether to grant approval, the Board shall give due
6    consideration to the best interests of the public and of
7    horse racing. The provisions of paragraphs (1), (8),
8    (8.1), and (8.2) of subsection (h) of this Section which
9    are not specified in this paragraph (13) shall not apply
10    to licensed race meetings conducted by the Department of
11    Agriculture at the Illinois State Fair in Sangamon County
12    or the DuQuoin State Fair in Perry County, or to any
13    wagering conducted on those race meetings.
14        (14) An inter-track wagering location license
15    authorized by the Board in 2016 that is owned and operated
16    by a race track in Rock Island County shall be transferred
17    to a commonly owned race track in Cook County on August 12,
18    2016 (the effective date of Public Act 99-757). The
19    licensee shall retain its status in relation to purse
20    distribution under paragraph (11) of this subsection (h)
21    following the transfer to the new entity. The pari-mutuel
22    tax credit under Section 32.1 shall not be applied toward
23    any pari-mutuel tax obligation of the inter-track wagering
24    location licensee of the license that is transferred under
25    this paragraph (14).
26        (15) No inter-track wagering location licensee,

 

 

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1    inter-track wagering licensee, or organization licensee
2    may give anything of value, including, but not limited to,
3    a loan or financing arrangement, to a licensed
4    establishment, as defined by the Video Gaming Act, as an
5    incentive or inducement to locate video gaming terminals,
6    as defined in the Video Gaming Act, in that establishment.
7    (i) Notwithstanding the other provisions of this Act, the
8conduct of wagering at wagering facilities is authorized on
9all days, except as limited by subsection (b) of Section 19 of
10this Act.
11(Source: P.A. 101-31, eff. 6-28-19; 101-52, eff. 7-12-19;
12101-81, eff. 7-12-19; 101-109, eff. 7-19-19; 102-558, eff.
138-20-21; revised 12-2-21.)