HB6569 93RD GENERAL ASSEMBLY

LRB093 15396 LRD 47199 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6569

Introduced 2/6/2004, by Robert S. Molaro

SYNOPSIS AS INTRODUCED:

230 ILCS 5/34.2 new

Amends the Horse Racing Act of 1975. Provides that if 2 or more organization licensees integrated into a single integrated organization licensee after January 1, 2000, then the integrated organization licensee shall be entitled to the same number of inter-track wagering licenses and inter-track wagering location licenses and the same recapture payments as the pre-integration organization licensees would have been able to obtain if they had not integrated. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT in relation to gaming.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Horse Racing Act of 1975 is amended by adding Section 34.2 as follows:

(230 ILCS 5/34.2 new)

Sec. 34.2. Racetrack integration.

(a) Notwithstanding any provision of this Act to the contrary, if, after January 1, 2000, 2 or more existing organization licensees which, prior to January 1, 2000, operated at race tracks located within 5 miles of each other and held inter-track wagering location licenses on January 1, 2000, integrate into a single organization licensee or otherwise form a joint venture, corporation, limited liability company, or similar integrated enterprise (integrated organization licensee) whereby the integrated organization licensee makes application or joint application, as the case may be, as a single organization licensee, or the existing licensees, after integration, make separate applications in the names of the pre-existing licensees, the newly integrated organization license or each separate pre-existing licensee shall thereafter have the right to retain all of the inter-track wagering licenses and inter-track wagering location licenses of the individual pre-integration organization licensees that existed before the integration and the authority to obtain the number of inter-track wagering location licenses that then or thereafter would have been available to the pre-integration race tracks if they had not integrated, notwithstanding the sale or non-use of one of the racetracks to which the inter-track wagering licenses and inter-track wagering location licenses were originally issued.

(b) If the on track and inter-track pari-mutuel wagering handle of any integrated organization license, or separate licensee that is a member of an integrated organization, was included in the amount the Board certified for recapture under Section 26(g)(13) of this Act in the year 2001 or thereafter based on the licensee's pari-mutuel handle for any year beginning after December 31, 1999, the licensee's right to recapture, in the event the licensee conducts racing at a race track other than the race track at which it conducted racing in 1994, but within the 5 mile radius referred to in subsection (a), shall remain in full force and effect and the amount of its recapture payment shall be computed on the difference between its handle at its previous location in 1994 and its handle in the year for which recapture is sought. The recapture amount shall be based upon the licensee's handle on live racing, inter-track wagering, and inter-track location wagering. This subsection (b) is declarative of existing law.

Section 99. Effective date. This Act takes effect upon becoming law.