HB0011enr 98TH GENERAL ASSEMBLY

  
  
  

 


 
HB0011 EnrolledLRB098 00182 CEL 30183 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Horse Racing Act of 1975 is amended
5by changing Sections 26, 27, and 28.1 and by adding Sections
626.8 and 26.9 as follows:
 
7    (230 ILCS 5/26)  (from Ch. 8, par. 37-26)
8    Sec. 26. Wagering.
9    (a) Any licensee may conduct and supervise the pari-mutuel
10system of wagering, as defined in Section 3.12 of this Act, on
11horse races conducted by an Illinois organization licensee or
12conducted at a racetrack located in another state or country
13and televised in Illinois in accordance with subsection (g) of
14Section 26 of this Act. Subject to the prior consent of the
15Board, licensees may supplement any pari-mutuel pool in order
16to guarantee a minimum distribution. Such pari-mutuel method of
17wagering shall not, under any circumstances if conducted under
18the provisions of this Act, be held or construed to be
19unlawful, other statutes of this State to the contrary
20notwithstanding. Subject to rules for advance wagering
21promulgated by the Board, any licensee may accept wagers in
22advance of the day of the race wagered upon occurs.
23    (b) No other method of betting, pool making, wagering or

 

 

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

 

 

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

 

 

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1shall not be subject to State taxation. Until January 1, 2000,
2when the out-of-State entity conducts a pari-mutuel pool
3separate from the organization licensee, a privilege tax equal
4to 7 1/2% of all monies received by the organization licensee
5from entities in other states or countries pursuant to such
6contracts is imposed on the organization licensee, and such
7privilege tax shall be remitted to the Department of Revenue
8within 48 hours of receipt of the moneys from the simulcast.
9When the out-of-State entity conducts a combined pari-mutuel
10pool with the organization licensee, the tax shall be 10% of
11all monies received by the organization licensee with 25% of
12the receipts from this 10% tax to be distributed to the county
13in which the race was conducted.
14    An organization licensee may permit one or more of its
15races to be utilized for pari-mutuel wagering at one or more
16locations in other states and may transmit audio and visual
17signals of races the organization licensee conducts to one or
18more locations outside the State or country and may also permit
19pari-mutuel pools in other states or countries to be combined
20with its gross or net wagering pools or with wagering pools
21established by other states.
22    (g) A host track may accept interstate simulcast wagers on
23horse races conducted in other states or countries and shall
24control the number of signals and types of breeds of racing in
25its simulcast program, subject to the disapproval of the Board.
26The Board may prohibit a simulcast program only if it finds

 

 

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

 

 

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

 

 

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1fees, shall be uniformly applied to the host track and all
2non-host licensees.
3    Notwithstanding any other provision of this Act, until
4February 1, 2017 January 31, 2014, an organization licensee,
5with the consent of the horsemen association representing the
6largest number of owners, trainers, jockeys, or standardbred
7drivers who race horses at that organization licensee's racing
8meeting, may maintain a system whereby advance deposit wagering
9may take place or an organization licensee, with the consent of
10the horsemen association representing the largest number of
11owners, trainers, jockeys, or standardbred drivers who race
12horses at that organization licensee's racing meeting, may
13contract with another person to carry out a system of advance
14deposit wagering. Such consent may not be unreasonably
15withheld. Only with respect to an appeal to the Board that
16consent for an organization licensee that maintains its own
17advance deposit wagering system is being unreasonably
18withheld, the Board shall issue a final order within 30 days
19after initiation of the appeal, and the organization licensee's
20advance deposit wagering system may remain operational during
21that 30-day period. The actions of any organization licensee
22who conducts advance deposit wagering or any person who has a
23contract with an organization licensee to conduct advance
24deposit wagering who conducts advance deposit wagering on or
25after January 1, 2013 and prior to the effective date of this
26amendatory Act of the 98th General Assembly taken in reliance

 

 

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1on the changes made to this subsection (g) by this amendatory
2Act of the 98th General Assembly are hereby validated, provided
3payment of all applicable pari-mutuel taxes are remitted to the
4Board. All advance deposit wagers placed from within Illinois
5must be placed through a Board-approved advance deposit
6wagering licensee; no other entity may accept an advance
7deposit wager from a person within Illinois. All advance
8deposit wagering is subject to any rules adopted by the Board.
9The Board may adopt rules necessary to regulate advance deposit
10wagering through the use of emergency rulemaking in accordance
11with Section 5-45 of the Illinois Administrative Procedure Act.
12The General Assembly finds that the adoption of rules to
13regulate advance deposit wagering is deemed an emergency and
14necessary for the public interest, safety, and welfare. An
15advance deposit wagering licensee may retain all moneys as
16agreed to by contract with an organization licensee. Any moneys
17retained by the organization licensee from advance deposit
18wagering, not including moneys retained by the advance deposit
19wagering licensee, shall be paid 50% to the organization
20licensee's purse account and 50% to the organization licensee.
21With the exception of any organization licensee that is owned
22by a publicly traded company that is incorporated in a state
23other than Illinois and advance deposit wagering licensees
24under contract with such organization licensees, organization
25licensees that maintain advance deposit wagering systems and
26advance deposit wagering licensees that contract with

 

 

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1organization licensees shall provide sufficiently detailed
2monthly accountings to the horsemen association representing
3the largest number of owners, trainers, jockeys, or
4standardbred drivers who race horses at that organization
5licensee's racing meeting so that the horsemen association, as
6an interested party, can confirm the accuracy of the amounts
7paid to the purse account at the horsemen association's
8affiliated organization licensee from advance deposit
9wagering. If more than one breed races at the same race track
10facility, then the 50% of the moneys to be paid to an
11organization licensee's purse account shall be allocated among
12all organization licensees' purse accounts operating at that
13race track facility proportionately based on the actual number
14of host days that the Board grants to that breed at that race
15track facility in the current calendar year. To the extent any
16fees from advance deposit wagering conducted in Illinois for
17wagers in Illinois or other states have been placed in escrow
18or otherwise withheld from wagers pending a determination of
19the legality of advance deposit wagering, no action shall be
20brought to declare such wagers or the disbursement of any fees
21previously escrowed illegal.
22        (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
23    intertrack wagering licensee other than the host track may
24    supplement the host track simulcast program with
25    additional simulcast races or race programs, provided that
26    between January 1 and the third Friday in February of any

 

 

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1    year, inclusive, if no live thoroughbred racing is
2    occurring in Illinois during this period, only
3    thoroughbred races may be used for supplemental interstate
4    simulcast purposes. The Board shall withhold approval for a
5    supplemental interstate simulcast only if it finds that the
6    simulcast is clearly adverse to the integrity of racing. A
7    supplemental interstate simulcast may be transmitted from
8    an intertrack wagering licensee to its affiliated non-host
9    licensees. The interstate commission fee for a
10    supplemental interstate simulcast shall be paid by the
11    non-host licensee and its affiliated non-host licensees
12    receiving the simulcast.
13        (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
14    intertrack wagering licensee other than the host track may
15    receive supplemental interstate simulcasts only with the
16    consent of the host track, except when the Board finds that
17    the simulcast is clearly adverse to the integrity of
18    racing. Consent granted under this paragraph (2) to any
19    intertrack wagering licensee shall be deemed consent to all
20    non-host licensees. The interstate commission fee for the
21    supplemental interstate simulcast shall be paid by all
22    participating non-host licensees.
23        (3) Each licensee conducting interstate simulcast
24    wagering may retain, subject to the payment of all
25    applicable taxes and the purses, an amount not to exceed
26    17% of all money wagered. If any licensee conducts the

 

 

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1    pari-mutuel system wagering on races conducted at
2    racetracks in another state or country, each such race or
3    race program shall be considered a separate racing day for
4    the purpose of determining the daily handle and computing
5    the privilege tax of that daily handle as provided in
6    subsection (a) of Section 27. Until January 1, 2000, from
7    the sums permitted to be retained pursuant to this
8    subsection, each intertrack wagering location licensee
9    shall pay 1% of the pari-mutuel handle wagered on simulcast
10    wagering to the Horse Racing Tax Allocation Fund, subject
11    to the provisions of subparagraph (B) of paragraph (11) of
12    subsection (h) of Section 26 of this Act.
13        (4) A licensee who receives an interstate simulcast may
14    combine its gross or net pools with pools at the sending
15    racetracks pursuant to rules established by the Board. All
16    licensees combining their gross pools at a sending
17    racetrack shall adopt the take-out percentages of the
18    sending racetrack. A licensee may also establish a separate
19    pool and takeout structure for wagering purposes on races
20    conducted at race tracks outside of the State of Illinois.
21    The licensee may permit pari-mutuel wagers placed in other
22    states or countries to be combined with its gross or net
23    wagering pools or other wagering pools.
24        (5) After the payment of the interstate commission fee
25    (except for the interstate commission fee on a supplemental
26    interstate simulcast, which shall be paid by the host track

 

 

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1    and by each non-host licensee through the host-track) and
2    all applicable State and local taxes, except as provided in
3    subsection (g) of Section 27 of this Act, the remainder of
4    moneys retained from simulcast wagering pursuant to this
5    subsection (g), and Section 26.2 shall be divided as
6    follows:
7            (A) For interstate simulcast wagers made at a host
8        track, 50% to the host track and 50% to purses at the
9        host track.
10            (B) For wagers placed on interstate simulcast
11        races, supplemental simulcasts as defined in
12        subparagraphs (1) and (2), and separately pooled races
13        conducted outside of the State of Illinois made at a
14        non-host licensee, 25% to the host track, 25% to the
15        non-host licensee, and 50% to the purses at the host
16        track.
17        (6) Notwithstanding any provision in this Act to the
18    contrary, non-host licensees who derive their licenses
19    from a track located in a county with a population in
20    excess of 230,000 and that borders the Mississippi River
21    may receive supplemental interstate simulcast races at all
22    times subject to Board approval, which shall be withheld
23    only upon a finding that a supplemental interstate
24    simulcast is clearly adverse to the integrity of racing.
25        (7) Notwithstanding any provision of this Act to the
26    contrary, after payment of all applicable State and local

 

 

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1    taxes and interstate commission fees, non-host licensees
2    who derive their licenses from a track located in a county
3    with a population in excess of 230,000 and that borders the
4    Mississippi River shall retain 50% of the retention from
5    interstate simulcast wagers and shall pay 50% to purses at
6    the track from which the non-host licensee derives its
7    license as follows:
8            (A) Between January 1 and the third Friday in
9        February, inclusive, if no live thoroughbred racing is
10        occurring in Illinois during this period, when the
11        interstate simulcast is a standardbred race, the purse
12        share to its standardbred purse account;
13            (B) Between January 1 and the third Friday in
14        February, inclusive, if no live thoroughbred racing is
15        occurring in Illinois during this period, and the
16        interstate simulcast is a thoroughbred race, the purse
17        share to its interstate simulcast purse pool to be
18        distributed under paragraph (10) of this subsection
19        (g);
20            (C) Between January 1 and the third Friday in
21        February, inclusive, if live thoroughbred racing is
22        occurring in Illinois, between 6:30 a.m. and 6:30 p.m.
23        the purse share from wagers made during this time
24        period to its thoroughbred purse account and between
25        6:30 p.m. and 6:30 a.m. the purse share from wagers
26        made during this time period to its standardbred purse

 

 

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1        accounts;
2            (D) Between the third Saturday in February and
3        December 31, when the interstate simulcast occurs
4        between the hours of 6:30 a.m. and 6:30 p.m., the purse
5        share to its thoroughbred purse account;
6            (E) Between the third Saturday in February and
7        December 31, when the interstate simulcast occurs
8        between the hours of 6:30 p.m. and 6:30 a.m., the purse
9        share to its standardbred purse account.
10        (7.1) Notwithstanding any other provision of this Act
11    to the contrary, if no standardbred racing is conducted at
12    a racetrack located in Madison County during any calendar
13    year beginning on or after January 1, 2002, all moneys
14    derived by that racetrack from simulcast wagering and
15    inter-track wagering that (1) are to be used for purses and
16    (2) are generated between the hours of 6:30 p.m. and 6:30
17    a.m. during that calendar year shall be paid as follows:
18            (A) If the licensee that conducts horse racing at
19        that racetrack requests from the Board at least as many
20        racing dates as were conducted in calendar year 2000,
21        80% shall be paid to its thoroughbred purse account;
22        and
23            (B) Twenty percent shall be deposited into the
24        Illinois Colt Stakes Purse Distribution Fund and shall
25        be paid to purses for standardbred races for Illinois
26        conceived and foaled horses conducted at any county

 

 

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

 

 

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1        Illinois Colt Stakes Purse Distribution Fund. Moneys
2        deposited into the Illinois Colt Stakes Purse
3        Distribution Fund pursuant to this subparagraph (B)
4        shall be paid to Illinois conceived and foaled
5        thoroughbred breeders' programs and to thoroughbred
6        purses for races conducted at any county fairgrounds
7        for Illinois conceived and foaled horses at the
8        discretion of the Department of Agriculture, with the
9        advice and assistance of the Illinois Thoroughbred
10        Breeders Fund Advisory Board. The moneys deposited
11        into the Illinois Colt Stakes Purse Distribution Fund
12        pursuant to this subparagraph (B) shall be deposited
13        within 2 weeks after the day they were generated, shall
14        be in addition to and not in lieu of any other moneys
15        paid to thoroughbred purses under this Act, and shall
16        not be commingled with other moneys deposited into that
17        Fund.
18        (7.3) If no live standardbred racing is conducted at a
19    racetrack located in Madison County in calendar year 2000
20    or 2001, an organization licensee who is licensed to
21    conduct horse racing at that racetrack shall, before
22    January 1, 2002, pay all moneys derived from simulcast
23    wagering and inter-track wagering in calendar years 2000
24    and 2001 and paid into the licensee's standardbred purse
25    account as follows:
26            (A) Eighty percent to that licensee's thoroughbred

 

 

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1        purse account to be used for thoroughbred purses; and
2            (B) Twenty percent to the Illinois Colt Stakes
3        Purse Distribution Fund.
4        Failure to make the payment to the Illinois Colt Stakes
5    Purse Distribution Fund before January 1, 2002 shall result
6    in the immediate revocation of the licensee's organization
7    license, inter-track wagering license, and inter-track
8    wagering location license.
9        Moneys paid into the Illinois Colt Stakes Purse
10    Distribution Fund pursuant to this paragraph (7.3) shall be
11    paid to purses for standardbred races for Illinois
12    conceived and foaled horses conducted at any county
13    fairgrounds. Moneys paid into the Illinois Colt Stakes
14    Purse Distribution Fund pursuant to this paragraph (7.3)
15    shall be used as determined by the Department of
16    Agriculture, with the advice and assistance of the Illinois
17    Standardbred Breeders Fund Advisory Board, shall be in
18    addition to and not in lieu of any other moneys paid to
19    standardbred purses under this Act, and shall not be
20    commingled with any other moneys paid into that Fund.
21        (7.4) If live standardbred racing is conducted at a
22    racetrack located in Madison County at any time in calendar
23    year 2001 before the payment required under paragraph (7.3)
24    has been made, the organization licensee who is licensed to
25    conduct racing at that racetrack shall pay all moneys
26    derived by that racetrack from simulcast wagering and

 

 

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1    inter-track wagering during calendar years 2000 and 2001
2    that (1) are to be used for purses and (2) are generated
3    between the hours of 6:30 p.m. and 6:30 a.m. during 2000 or
4    2001 to the standardbred purse account at that racetrack to
5    be used for standardbred purses.
6        (8) Notwithstanding any provision in this Act to the
7    contrary, an organization licensee from a track located in
8    a county with a population in excess of 230,000 and that
9    borders the Mississippi River and its affiliated non-host
10    licensees shall not be entitled to share in any retention
11    generated on racing, inter-track wagering, or simulcast
12    wagering at any other Illinois wagering facility.
13        (8.1) Notwithstanding any provisions in this Act to the
14    contrary, if 2 organization licensees are conducting
15    standardbred race meetings concurrently between the hours
16    of 6:30 p.m. and 6:30 a.m., after payment of all applicable
17    State and local taxes and interstate commission fees, the
18    remainder of the amount retained from simulcast wagering
19    otherwise attributable to the host track and to host track
20    purses shall be split daily between the 2 organization
21    licensees and the purses at the tracks of the 2
22    organization licensees, respectively, based on each
23    organization licensee's share of the total live handle for
24    that day, provided that this provision shall not apply to
25    any non-host licensee that derives its license from a track
26    located in a county with a population in excess of 230,000

 

 

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1    and that borders the Mississippi River.
2        (9) (Blank).
3        (10) (Blank).
4        (11) (Blank).
5        (12) The Board shall have authority to compel all host
6    tracks to receive the simulcast of any or all races
7    conducted at the Springfield or DuQuoin State fairgrounds
8    and include all such races as part of their simulcast
9    programs.
10        (13) Notwithstanding any other provision of this Act,
11    in the event that the total Illinois pari-mutuel handle on
12    Illinois horse races at all wagering facilities in any
13    calendar year is less than 75% of the total Illinois
14    pari-mutuel handle on Illinois horse races at all such
15    wagering facilities for calendar year 1994, then each
16    wagering facility that has an annual total Illinois
17    pari-mutuel handle on Illinois horse races that is less
18    than 75% of the total Illinois pari-mutuel handle on
19    Illinois horse races at such wagering facility for calendar
20    year 1994, shall be permitted to receive, from any amount
21    otherwise payable to the purse account at the race track
22    with which the wagering facility is affiliated in the
23    succeeding calendar year, an amount equal to 2% of the
24    differential in total Illinois pari-mutuel handle on
25    Illinois horse races at the wagering facility between that
26    calendar year in question and 1994 provided, however, that

 

 

HB0011 Enrolled- 20 -LRB098 00182 CEL 30183 b

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

 

 

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1    Illinois Racing Board in January to be transferred from
2    each account to each eligible racing facility in accordance
3    with the provisions of this Section.
4    (h) The Board may approve and license the conduct of
5inter-track wagering and simulcast wagering by inter-track
6wagering licensees and inter-track wagering location licensees
7subject to the following terms and conditions:
8        (1) Any person licensed to conduct a race meeting (i)
9    at a track where 60 or more days of racing were conducted
10    during the immediately preceding calendar year or where
11    over the 5 immediately preceding calendar years an average
12    of 30 or more days of racing were conducted annually may be
13    issued an inter-track wagering license; (ii) at a track
14    located in a county that is bounded by the Mississippi
15    River, which has a population of less than 150,000
16    according to the 1990 decennial census, and an average of
17    at least 60 days of racing per year between 1985 and 1993
18    may be issued an inter-track wagering license; or (iii) at
19    a track located in Madison County that conducted at least
20    100 days of live racing during the immediately preceding
21    calendar year may be issued an inter-track wagering
22    license, unless a lesser schedule of live racing is the
23    result of (A) weather, unsafe track conditions, or other
24    acts of God; (B) an agreement between the organization
25    licensee and the associations representing the largest
26    number of owners, trainers, jockeys, or standardbred

 

 

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1    drivers who race horses at that organization licensee's
2    racing meeting; or (C) a finding by the Board of
3    extraordinary circumstances and that it was in the best
4    interest of the public and the sport to conduct fewer than
5    100 days of live racing. Any such person having operating
6    control of the racing facility may also receive up to 6
7    inter-track wagering location licenses. In no event shall
8    more than 6 inter-track wagering locations be established
9    for each eligible race track, except that an eligible race
10    track located in a county that has a population of more
11    than 230,000 and that is bounded by the Mississippi River
12    may establish up to 7 inter-track wagering locations and an
13    eligible race track located in Cook County may establish up
14    to 8 inter-track wagering locations. An application for
15    said license shall be filed with the Board prior to such
16    dates as may be fixed by the Board. With an application for
17    an inter-track wagering location license there shall be
18    delivered to the Board a certified check or bank draft
19    payable to the order of the Board for an amount equal to
20    $500. The application shall be on forms prescribed and
21    furnished by the Board. The application shall comply with
22    all other rules, regulations and conditions imposed by the
23    Board in connection therewith.
24        (2) The Board shall examine the applications with
25    respect to their conformity with this Act and the rules and
26    regulations imposed by the Board. If found to be in

 

 

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

 

 

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1        (6) All wagering under such license is subject to this
2    Act and to the rules and regulations from time to time
3    prescribed by the Board, and every such license issued by
4    the Board shall contain a recital to that effect.
5        (7) An inter-track wagering licensee or inter-track
6    wagering location licensee may accept wagers at the track
7    or location where it is licensed, or as otherwise provided
8    under this Act.
9        (8) Inter-track wagering or simulcast wagering shall
10    not be conducted at any track less than 5 miles from a
11    track at which a racing meeting is in progress.
12        (8.1) Inter-track wagering location licensees who
13    derive their licenses from a particular organization
14    licensee shall conduct inter-track wagering and simulcast
15    wagering only at locations which are either within 90 miles
16    of that race track where the particular organization
17    licensee is licensed to conduct racing, or within 135 miles
18    of that race track where the particular organization
19    licensee is licensed to conduct racing in the case of race
20    tracks in counties of less than 400,000 that were operating
21    on or before June 1, 1986. However, inter-track wagering
22    and simulcast wagering shall not be conducted by those
23    licensees at any location within 5 miles of any race track
24    at which a horse race meeting has been licensed in the
25    current year, unless the person having operating control of
26    such race track has given its written consent to such

 

 

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1    inter-track wagering location licensees, which consent
2    must be filed with the Board at or prior to the time
3    application is made. In the case of any inter-track
4    wagering location licensee initially licensed after
5    December 31, 2013, inter-track wagering and simulcast
6    wagering shall not be conducted by those inter-track
7    wagering location licensees that are located outside the
8    City of Chicago at any location within 8 miles of any race
9    track at which a horse race meeting has been licensed in
10    the current year, unless the person having operating
11    control of such race track has given its written consent to
12    such inter-track wagering location licensees, which
13    consent must be filed with the Board at or prior to the
14    time application is made.
15        (8.2) Inter-track wagering or simulcast wagering shall
16    not be conducted by an inter-track wagering location
17    licensee at any location within 500 feet of an existing
18    church or existing school, nor within 500 feet of the
19    residences of more than 50 registered voters without
20    receiving written permission from a majority of the
21    registered voters at such residences. Such written
22    permission statements shall be filed with the Board. The
23    distance of 500 feet shall be measured to the nearest part
24    of any building used for worship services, education
25    programs, residential purposes, or conducting inter-track
26    wagering by an inter-track wagering location licensee, and

 

 

HB0011 Enrolled- 26 -LRB098 00182 CEL 30183 b

1    not to property boundaries. However, inter-track wagering
2    or simulcast wagering may be conducted at a site within 500
3    feet of a church , school or residences of 50 or more
4    registered voters if such church , school or residences
5    have been erected or established, or such voters have been
6    registered, after the Board issues the original
7    inter-track wagering location license at the site in
8    question. Inter-track wagering location licensees may
9    conduct inter-track wagering and simulcast wagering only
10    in areas that are zoned for commercial or manufacturing
11    purposes or in areas for which a special use has been
12    approved by the local zoning authority. However, no license
13    to conduct inter-track wagering and simulcast wagering
14    shall be granted by the Board with respect to any
15    inter-track wagering location within the jurisdiction of
16    any local zoning authority which has, by ordinance or by
17    resolution, prohibited the establishment of an inter-track
18    wagering location within its jurisdiction. However,
19    inter-track wagering and simulcast wagering may be
20    conducted at a site if such ordinance or resolution is
21    enacted after the Board licenses the original inter-track
22    wagering location licensee for the site in question.
23        (9) (Blank).
24        (10) An inter-track wagering licensee or an
25    inter-track wagering location licensee may retain, subject
26    to the payment of the privilege taxes and the purses, an

 

 

HB0011 Enrolled- 27 -LRB098 00182 CEL 30183 b

1    amount not to exceed 17% of all money wagered. Each program
2    of racing conducted by each inter-track wagering licensee
3    or inter-track wagering location licensee shall be
4    considered a separate racing day for the purpose of
5    determining the daily handle and computing the privilege
6    tax or pari-mutuel tax on such daily handle as provided in
7    Section 27.
8        (10.1) Except as provided in subsection (g) of Section
9    27 of this Act, inter-track wagering location licensees
10    shall pay 1% of the pari-mutuel handle at each location to
11    the municipality in which such location is situated and 1%
12    of the pari-mutuel handle at each location to the county in
13    which such location is situated. In the event that an
14    inter-track wagering location licensee is situated in an
15    unincorporated area of a county, such licensee shall pay 2%
16    of the pari-mutuel handle from such location to such
17    county.
18        (10.2) Notwithstanding any other provision of this
19    Act, with respect to intertrack wagering at a race track
20    located in a county that has a population of more than
21    230,000 and that is bounded by the Mississippi River ("the
22    first race track"), or at a facility operated by an
23    inter-track wagering licensee or inter-track wagering
24    location licensee that derives its license from the
25    organization licensee that operates the first race track,
26    on races conducted at the first race track or on races

 

 

HB0011 Enrolled- 28 -LRB098 00182 CEL 30183 b

1    conducted at another Illinois race track and
2    simultaneously televised to the first race track or to a
3    facility operated by an inter-track wagering licensee or
4    inter-track wagering location licensee that derives its
5    license from the organization licensee that operates the
6    first race track, those moneys shall be allocated as
7    follows:
8            (A) That portion of all moneys wagered on
9        standardbred racing that is required under this Act to
10        be paid to purses shall be paid to purses for
11        standardbred races.
12            (B) That portion of all moneys wagered on
13        thoroughbred racing that is required under this Act to
14        be paid to purses shall be paid to purses for
15        thoroughbred races.
16        (11) (A) After payment of the privilege or pari-mutuel
17    tax, any other applicable taxes, and the costs and expenses
18    in connection with the gathering, transmission, and
19    dissemination of all data necessary to the conduct of
20    inter-track wagering, the remainder of the monies retained
21    under either Section 26 or Section 26.2 of this Act by the
22    inter-track wagering licensee on inter-track wagering
23    shall be allocated with 50% to be split between the 2
24    participating licensees and 50% to purses, except that an
25    intertrack wagering licensee that derives its license from
26    a track located in a county with a population in excess of

 

 

HB0011 Enrolled- 29 -LRB098 00182 CEL 30183 b

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

 

 

HB0011 Enrolled- 30 -LRB098 00182 CEL 30183 b

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

 

 

HB0011 Enrolled- 31 -LRB098 00182 CEL 30183 b

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

 

 

HB0011 Enrolled- 32 -LRB098 00182 CEL 30183 b

1    borders the Mississippi River shall not divide any
2    remaining retention with the organization licensee.
3    Notwithstanding the provisions of clauses (ii) and (iv) of
4    this paragraph, in the case of the additional inter-track
5    wagering location licenses authorized under paragraph (1)
6    of this subsection (h) by this amendatory Act of 1991,
7    those licensees shall pay the following amounts as purses:
8    during the first 12 months the licensee is in operation,
9    5.25% of the pari-mutuel handle wagered at the location on
10    races; during the second 12 months, 5.25%; during the third
11    12 months, 5.75%; during the fourth 12 months, 6.25%; and
12    during the fifth 12 months and thereafter, 6.75%. The
13    following amounts shall be retained by the licensee to
14    satisfy all costs and expenses of conducting its wagering:
15    during the first 12 months the licensee is in operation,
16    8.25% of the pari-mutuel handle wagered at the location;
17    during the second 12 months, 8.25%; during the third 12
18    months, 7.75%; during the fourth 12 months, 7.25%; and
19    during the fifth 12 months and thereafter, 6.75%. For
20    additional intertrack wagering location licensees
21    authorized under this amendatory Act of 1995, purses for
22    the first 12 months the licensee is in operation shall be
23    5.75% of the pari-mutuel wagered at the location, purses
24    for the second 12 months the licensee is in operation shall
25    be 6.25%, and purses thereafter shall be 6.75%. For
26    additional intertrack location licensees authorized under

 

 

HB0011 Enrolled- 33 -LRB098 00182 CEL 30183 b

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

 

 

HB0011 Enrolled- 34 -LRB098 00182 CEL 30183 b

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

 

 

HB0011 Enrolled- 35 -LRB098 00182 CEL 30183 b

1        disbursements incurred in the performance of their
2        official duties. The remaining 50% of this
3        two-sevenths shall be distributed to county fairs for
4        premiums and rehabilitation as set forth in the
5        Agricultural Fair Act;
6            Four-sevenths to park districts or municipalities
7        that do not have a park district of 500,000 population
8        or less for museum purposes (if an inter-track wagering
9        location licensee is located in such a park district)
10        or to conservation districts for museum purposes (if an
11        inter-track wagering location licensee is located in a
12        municipality that is not included within any park
13        district but is included within a conservation
14        district and is the county seat of a county that (i) is
15        contiguous to the state of Indiana and (ii) has a 1990
16        population of 88,257 according to the United States
17        Bureau of the Census, except that if the conservation
18        district does not maintain a museum, the monies shall
19        be allocated equally between the county and the
20        municipality in which the inter-track wagering
21        location licensee is located for general purposes) or
22        to a municipal recreation board for park purposes (if
23        an inter-track wagering location licensee is located
24        in a municipality that is not included within any park
25        district and park maintenance is the function of the
26        municipal recreation board and the municipality has a

 

 

HB0011 Enrolled- 36 -LRB098 00182 CEL 30183 b

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

 

 

HB0011 Enrolled- 37 -LRB098 00182 CEL 30183 b

1        Agricultural and Home Economic Extension Councils in
2        the several counties of this State and making an
3        appropriation therefor", approved July 24, 1967.
4        Until January 1, 2000, all other monies paid into the
5    Horse Racing Tax Allocation Fund pursuant to this paragraph
6    (11) shall be allocated by appropriation as 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 of
11        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

 

 

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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 be
12        reimbursed for all actual and necessary expenses and
13        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 2
23        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        intertrack wagering, the monies so retained shall be
10        divided as follows:
11                (i) If the inter-track wagering licensee,
12            except an intertrack 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 same
17            dates, then the entire purse allocation shall be to
18            purses at the track where the races wagered on are
19            being conducted.
20                (ii) If the inter-track wagering licensee,
21            except an intertrack 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 races
2            wagered on are being conducted; 50% to purses at
3            the track where the inter-track wagering licensee
4            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 intertrack 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 enter
5        the facilities of any licensee to determine whether
6        there has been compliance with the provisions of this
7        Act and the rules and regulations relating to the
8        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 representative

 

 

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1        of the Board and whose duty it shall be to supervise
2        the conduct of inter-track wagering as may be provided
3        for by the rules and regulations of the Board; such
4        rules and regulation shall specify the method of
5        appointment and the Director's powers, authority and
6        duties.
7            (G) The Board is vested with the power to impose
8        civil penalties of up to $5,000 against individuals and
9        up to $10,000 against licensees for each violation of
10        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 Fair
24    which are in addition to the licensee's previously approved
25    racing program, those races shall be considered a separate
26    racing day for the purpose of determining the daily handle

 

 

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1    and computing the privilege or pari-mutuel tax on that
2    daily handle as provided in Sections 27 and 27.1. Such
3    agreements shall be approved by the Board before such
4    wagering may be conducted. In determining whether to grant
5    approval, the Board shall give due consideration to the
6    best interests of the public and of horse racing. The
7    provisions of paragraphs (1), (8), (8.1), and (8.2) of
8    subsection (h) of this Section which are not specified in
9    this paragraph (13) shall not apply to licensed race
10    meetings conducted by the Department of Agriculture at the
11    Illinois State Fair in Sangamon County or the DuQuoin State
12    Fair in Perry County, or to any wagering conducted on those
13    race meetings.
14    (i) Notwithstanding the other provisions of this Act, the
15conduct of wagering at wagering facilities is authorized on all
16days, except as limited by subsection (b) of Section 19 of this
17Act.
18(Source: P.A. 97-1060, eff. 8-24-12; 98-18, eff. 6-7-13.)
 
19    (230 ILCS 5/26.8 new)
20    Sec. 26.8. Beginning on February 1, 2014 and until January
2131, 2017, each wagering licensee may impose a surcharge of up
22to 0.5% on winning wagers and winnings from wagers. The
23surcharge shall be deducted from winnings prior to payout. All
24amounts collected from the imposition of this surcharge shall
25be evenly distributed to the organization licensee and the

 

 

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1purse account of the organization licensee with which the
2licensee is affiliated. The amounts distributed under this
3Section shall be in addition to the amounts paid pursuant to
4paragraph (10) of subsection (h) of Section 26, Section 26.3,
5Section 26.4, Section 26.5, and Section 26.7.
 
6    (230 ILCS 5/26.9 new)
7    Sec. 26.9. Beginning on February 1, 2014 until January 31,
82017, in addition to the surcharge imposed in Sections 26.3,
926.4, 26.5, 26.7, and 26.8 of this Act, each licensee shall
10impose a surcharge of 0.2% on winning wagers and winnings from
11wagers. The surcharge shall be deducted from winnings prior to
12payout. All amounts collected from the surcharges imposed under
13this Section shall be remitted to the Board. From amounts
14collected under this Section, the Board shall deposit an amount
15not to exceed $100,000 annually into the Quarter Horse Purse
16Fund and all remaining amounts into the Horse Racing Fund.
 
17    (230 ILCS 5/27)  (from Ch. 8, par. 37-27)
18    Sec. 27. (a) In addition to the organization license fee
19provided by this Act, until January 1, 2000, a graduated
20privilege tax is hereby imposed for conducting the pari-mutuel
21system of wagering permitted under this Act. Until January 1,
222000, except as provided in subsection (g) of Section 27 of
23this Act, all of the breakage of each racing day held by any
24licensee in the State shall be paid to the State. Until January

 

 

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11, 2000, such daily graduated privilege tax shall be paid by
2the licensee from the amount permitted to be retained under
3this Act. Until January 1, 2000, each day's graduated privilege
4tax, breakage, and Horse Racing Tax Allocation funds shall be
5remitted to the Department of Revenue within 48 hours after the
6close of the racing day upon which it is assessed or within
7such other time as the Board prescribes. The privilege tax
8hereby imposed, until January 1, 2000, shall be a flat tax at
9the rate of 2% of the daily pari-mutuel handle except as
10provided in Section 27.1.
11    In addition, every organization licensee, except as
12provided in Section 27.1 of this Act, which conducts multiple
13wagering shall pay, until January 1, 2000, as a privilege tax
14on multiple wagers an amount equal to 1.25% of all moneys
15wagered each day on such multiple wagers, plus an additional
16amount equal to 3.5% of the amount wagered each day on any
17other multiple wager which involves a single betting interest
18on 3 or more horses. The licensee shall remit the amount of
19such taxes to the Department of Revenue within 48 hours after
20the close of the racing day on which it is assessed or within
21such other time as the Board prescribes.
22    This subsection (a) shall be inoperative and of no force
23and effect on and after January 1, 2000.
24    (a-5) Beginning on January 1, 2000, a flat pari-mutuel tax
25at the rate of 1.5% of the daily pari-mutuel handle is imposed
26at all pari-mutuel wagering facilities and on advance deposit

 

 

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1wagering from a location other than a wagering facility, except
2as otherwise provided for in this subsection (a-5). In addition
3to the pari-mutuel tax imposed on advance deposit wagering
4pursuant to this subsection (a-5), beginning on August 24, 2012
5(the effective date of Public Act 97-1060) this amendatory Act
6of the 97th General Assembly until February 1, 2017 January 31,
72014, an additional pari-mutuel tax at the rate of 0.25% shall
8be imposed on advance deposit wagering. Until August 25, 2012,
9the additional 0.25% pari-mutuel tax imposed on advance deposit
10wagering by Public Act 96-972 shall be deposited into the
11Quarter Horse Purse Fund, which shall be created as a
12non-appropriated trust fund administered by the Board for
13grants to thoroughbred organization licensees for payment of
14purses for quarter horse races conducted by the organization
15licensee. Beginning on August 26, 2012, the additional 0.25%
16pari-mutuel tax imposed on advance deposit wagering shall be
17deposited into the Standardbred Purse Fund, which shall be
18created as a non-appropriated trust fund administered by the
19Board, for grants to the standardbred organization licensees
20for payment of purses for standardbred horse races conducted by
21the organization licensee. Thoroughbred organization licensees
22may petition the Board to conduct quarter horse racing and
23receive purse grants from the Quarter Horse Purse Fund. The
24Board shall have complete discretion in distributing the
25Quarter Horse Purse Fund to the petitioning organization
26licensees. Beginning on July 26, 2010 (the effective date of

 

 

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1Public Act 96-1287), a pari-mutuel tax at the rate of 0.75% of
2the daily pari-mutuel handle is imposed at a pari-mutuel
3facility whose license is derived from a track located in a
4county that borders the Mississippi River and conducted live
5racing in the previous year. The pari-mutuel tax imposed by
6this subsection (a-5) shall be remitted to the Department of
7Revenue within 48 hours after the close of the racing day upon
8which it is assessed or within such other time as the Board
9prescribes.
10    (b) On or before December 31, 1999, in the event that any
11organization licensee conducts 2 separate programs of races on
12any day, each such program shall be considered a separate
13racing day for purposes of determining the daily handle and
14computing the privilege tax on such daily handle as provided in
15subsection (a) of this Section.
16    (c) Licensees shall at all times keep accurate books and
17records of all monies wagered on each day of a race meeting and
18of the taxes paid to the Department of Revenue under the
19provisions of this Section. The Board or its duly authorized
20representative or representatives shall at all reasonable
21times have access to such records for the purpose of examining
22and checking the same and ascertaining whether the proper
23amount of taxes is being paid as provided. The Board shall
24require verified reports and a statement of the total of all
25monies wagered daily at each wagering facility upon which the
26taxes are assessed and may prescribe forms upon which such

 

 

HB0011 Enrolled- 48 -LRB098 00182 CEL 30183 b

1reports and statement shall be made.
2    (d) Any licensee failing or refusing to pay the amount of
3any tax due under this Section shall be guilty of a business
4offense and upon conviction shall be fined not more than $5,000
5in addition to the amount found due as tax under this Section.
6Each day's violation shall constitute a separate offense. All
7fines paid into Court by a licensee hereunder shall be
8transmitted and paid over by the Clerk of the Court to the
9Board.
10    (e) No other license fee, privilege tax, excise tax, or
11racing fee, except as provided in this Act, shall be assessed
12or collected from any such licensee by the State.
13    (f) No other license fee, privilege tax, excise tax or
14racing fee shall be assessed or collected from any such
15licensee by units of local government except as provided in
16paragraph 10.1 of subsection (h) and subsection (f) of Section
1726 of this Act. However, any municipality that has a Board
18licensed horse race meeting at a race track wholly within its
19corporate boundaries or a township that has a Board licensed
20horse race meeting at a race track wholly within the
21unincorporated area of the township may charge a local
22amusement tax not to exceed 10 per admission to such horse
23race meeting by the enactment of an ordinance. However, any
24municipality or county that has a Board licensed inter-track
25wagering location facility wholly within its corporate
26boundaries may each impose an admission fee not to exceed $1.00

 

 

HB0011 Enrolled- 49 -LRB098 00182 CEL 30183 b

1per admission to such inter-track wagering location facility,
2so that a total of not more than $2.00 per admission may be
3imposed. Except as provided in subparagraph (g) of Section 27
4of this Act, the inter-track wagering location licensee shall
5collect any and all such fees and within 48 hours remit the
6fees to the Board, which shall, pursuant to rule, cause the
7fees to be distributed to the county or municipality.
8    (g) Notwithstanding any provision in this Act to the
9contrary, if in any calendar year the total taxes and fees
10required to be collected from licensees and distributed under
11this Act to all State and local governmental authorities
12exceeds the amount of such taxes and fees distributed to each
13State and local governmental authority to which each State and
14local governmental authority was entitled under this Act for
15calendar year 1994, then the first $11 million of that excess
16amount shall be allocated at the earliest possible date for
17distribution as purse money for the succeeding calendar year.
18Upon reaching the 1994 level, and until the excess amount of
19taxes and fees exceeds $11 million, the Board shall direct all
20licensees to cease paying the subject taxes and fees and the
21Board shall direct all licensees to allocate any such excess
22amount for purses as follows:
23        (i) the excess amount shall be initially divided
24    between thoroughbred and standardbred purses based on the
25    thoroughbred's and standardbred's respective percentages
26    of total Illinois live wagering in calendar year 1994;

 

 

HB0011 Enrolled- 50 -LRB098 00182 CEL 30183 b

1        (ii) each thoroughbred and standardbred organization
2    licensee issued an organization licensee in that
3    succeeding allocation year shall be allocated an amount
4    equal to the product of its percentage of total Illinois
5    live thoroughbred or standardbred wagering in calendar
6    year 1994 (the total to be determined based on the sum of
7    1994 on-track wagering for all organization licensees
8    issued organization licenses in both the allocation year
9    and the preceding year) multiplied by the total amount
10    allocated for standardbred or thoroughbred purses,
11    provided that the first $1,500,000 of the amount allocated
12    to standardbred purses under item (i) shall be allocated to
13    the Department of Agriculture to be expended with the
14    assistance and advice of the Illinois Standardbred
15    Breeders Funds Advisory Board for the purposes listed in
16    subsection (g) of Section 31 of this Act, before the amount
17    allocated to standardbred purses under item (i) is
18    allocated to standardbred organization licensees in the
19    succeeding allocation year.
20    To the extent the excess amount of taxes and fees to be
21collected and distributed to State and local governmental
22authorities exceeds $11 million, that excess amount shall be
23collected and distributed to State and local authorities as
24provided for under this Act.
25(Source: P.A. 97-1060, eff. 8-24-12; 98-18, eff. 6-7-13.)
 

 

 

HB0011 Enrolled- 51 -LRB098 00182 CEL 30183 b

1    (230 ILCS 5/28.1)
2    Sec. 28.1. Payments.
3    (a) Beginning on January 1, 2000, moneys collected by the
4Department of Revenue and the Racing Board pursuant to Section
526 or Section 27 of this Act shall be deposited into the Horse
6Racing Fund, which is hereby created as a special fund in the
7State Treasury.
8    (b) Appropriations, as approved by the General Assembly,
9may be made from the Horse Racing Fund to the Board to pay the
10salaries of the Board members, secretary, stewards, directors
11of mutuels, veterinarians, representatives, accountants,
12clerks, stenographers, inspectors and other employees of the
13Board, and all expenses of the Board incident to the
14administration of this Act, including, but not limited to, all
15expenses and salaries incident to the taking of saliva and
16urine samples in accordance with the rules and regulations of
17the Board.
18    (c) (Blank) Beginning on January 1, 2000, the Board shall
19transfer the remainder of the funds generated pursuant to
20Sections 26 and 27 from the Horse Racing Fund into the General
21Revenue Fund.
22    (d) Beginning January 1, 2000, payments to all programs in
23existence on the effective date of this amendatory Act of 1999
24that are identified in Sections 26(c), 26(f), 26(h)(11)(C), and
2528, subsections (a), (b), (c), (d), (e), (f), (g), and (h) of
26Section 30, and subsections (a), (b), (c), (d), (e), (f), (g),

 

 

HB0011 Enrolled- 52 -LRB098 00182 CEL 30183 b

1and (h) of Section 31 shall be made from the General Revenue
2Fund at the funding levels determined by amounts paid under
3this Act in calendar year 1998. Beginning on the effective date
4of this amendatory Act of the 93rd General Assembly, payments
5to the Peoria Park District shall be made from the General
6Revenue Fund at the funding level determined by amounts paid to
7that park district for museum purposes under this Act in
8calendar year 1994.
9    If an inter-track wagering location licensee's facility
10changes its location, then the payments associated with that
11facility under this subsection (d) for museum purposes shall be
12paid to the park district in the area where the facility
13relocates, and the payments shall be used for museum purposes.
14If the facility does not relocate to a park district, then the
15payments shall be paid to the taxing district that is
16responsible for park or museum expenditures.
17    (e) Beginning July 1, 2006, the payment authorized under
18subsection (d) to museums and aquariums located in park
19districts of over 500,000 population shall be paid to museums,
20aquariums, and zoos in amounts determined by Museums in the
21Park, an association of museums, aquariums, and zoos located on
22Chicago Park District property.
23    (f) Beginning July 1, 2007, the Children's Discovery Museum
24in Normal, Illinois shall receive payments from the General
25Revenue Fund at the funding level determined by the amounts
26paid to the Miller Park Zoo in Bloomington, Illinois under this

 

 

HB0011 Enrolled- 53 -LRB098 00182 CEL 30183 b

1Section in calendar year 2006.
2(Source: P.A. 95-222, eff. 8-16-07; 96-562, eff. 8-18-09.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.