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

SB3158 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3158

 

Introduced 1/12/2022, by Sen. Bill Cunningham

 

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

    Amends the Illinois Horse Racing Act of 1975. Removes a provision that provides that an eligible race track located in a county that has a population of more than 230,000 and is bounded by the Mississippi River may establish up to 9 inter-track wagering locations, an eligible race track located in Stickney Township in Cook County may establish up to 16 inter-track wagering locations, and an eligible race track located in Palatine Township in Cook County may establish up to 18 inter-track wagering locations. Removes a provision that provides that any eligible racetrack conducting Standardbred racing may have up to 16 inter-track wagering locations. Provides that an inter-track wagering location licensee may conduct inter-track wagering and simulcast wagering without written consent regardless of whether it is located within 5 miles (or 8 miles for specific locations outside of Chicago) of a race track if the Illinois Racing Board licensed the inter-track wagering location licensee before initially issuing an organization license to the race track in question.


LRB102 23650 AMQ 32832 b

 

 

A BILL FOR

 

SB3158LRB102 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. The Illinois Horse Racing Act of 1975 is
5amended by changing Section 26 as follows:
 
6    (230 ILCS 5/26)  (from Ch. 8, par. 37-26)
7    Sec. 26. Wagering.
8    (a) Any licensee may conduct and supervise the pari-mutuel
9system of wagering, as defined in Section 3.12 of this Act, on
10horse races conducted by an Illinois organization licensee or
11conducted at a racetrack located in another state or country
12in accordance with subsection (g) of Section 26 of this Act.
13Subject to the prior consent of the Board, licensees may
14supplement any pari-mutuel pool in order to guarantee a
15minimum distribution. Such pari-mutuel method of wagering
16shall not, under any circumstances if conducted under the
17provisions of this Act, be held or construed to be unlawful,
18other statutes of this State to the contrary notwithstanding.
19Subject to rules for advance wagering promulgated by the
20Board, any licensee may accept wagers in advance of the day of
21the race wagered upon occurs.
22    (b) Except for those gaming activities for which a license
23is obtained and authorized under the Illinois Lottery Law, the

 

 

SB3158- 2 -LRB102 23650 AMQ 32832 b

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

 

 

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1wagering and inter-track wagering by an organization licensee
2located in a county with a population in excess of 230,000 and
3borders the Mississippi River or any licensee that derives its
4license from that organization licensee 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
831 of the next calendar year, and the licensee shall pay the
9same and 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,
14jockey, driver, or employee thereof, to be admitted during a
15racing program unless accompanied by a parent or guardian, or
16any minor 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
24another state or country to accept wagers solely within such
25other state or country on races conducted by the organization
26licensee in this State. Beginning January 1, 2000, these

 

 

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1wagers shall not be subject to State taxation. Until January
21, 2000, when the out-of-State entity conducts a pari-mutuel
3pool separate from the organization licensee, a privilege tax
4equal to 7 1/2% of all monies received by the organization
5licensee from entities in other states or countries pursuant
6to such contracts is imposed on the organization licensee, and
7such privilege tax shall be remitted to the Department of
8Revenue within 48 hours of receipt of the moneys from the
9simulcast. When the out-of-State entity conducts a combined
10pari-mutuel pool with the organization licensee, the tax shall
11be 10% of all monies received by the organization licensee
12with 25% of the receipts from this 10% tax to be distributed to
13the county in 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
19permit pari-mutuel pools in other states or countries to be
20combined with its gross or net wagering pools or with wagering
21pools established 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
26Board. The Board may prohibit a simulcast program only if it

 

 

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1finds that the simulcast program is clearly adverse to the
2integrity of racing. The host track simulcast program shall
3include the signal of live racing of all organization
4licensees. All non-host licensees and advance deposit wagering
5licensees shall carry the signal of and accept wagers on live
6racing of all organization licensees. Advance deposit wagering
7licensees shall not be permitted to accept out-of-state wagers
8on any Illinois signal provided pursuant to this Section
9without the approval and consent of the organization licensee
10providing the signal. For one year after August 15, 2014 (the
11effective date of Public Act 98-968), non-host licensees may
12carry the host track simulcast program and shall accept wagers
13on all races included as part of the simulcast program of horse
14races conducted at race tracks located within North America
15upon which wagering is permitted. For a period of one year
16after August 15, 2014 (the effective date of Public Act
1798-968), on horse races conducted at race tracks located
18outside of North America, non-host licensees may accept wagers
19on all races included as part of the simulcast program upon
20which wagering is permitted. Beginning August 15, 2015 (one
21year after the effective date of Public Act 98-968), non-host
22licensees may carry the host track simulcast program and shall
23accept wagers on all races included as part of the simulcast
24program upon which wagering is permitted. All organization
25licensees shall provide their live signal to all advance
26deposit wagering licensees for a simulcast commission fee not

 

 

SB3158- 6 -LRB102 23650 AMQ 32832 b

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

 

 

SB3158- 7 -LRB102 23650 AMQ 32832 b

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

 

 

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1with respect to an appeal to the Board that consent for an
2organization licensee that maintains its own advance deposit
3wagering system is being unreasonably withheld, the Board
4shall issue a final order within 30 days after initiation of
5the appeal, and the organization licensee's advance deposit
6wagering system may remain operational during that 30-day
7period. The actions of any organization licensee who conducts
8advance deposit wagering or any person who has a contract with
9an organization licensee to conduct advance deposit wagering
10who conducts advance deposit wagering on or after January 1,
112013 and prior to June 7, 2013 (the effective date of Public
12Act 98-18) taken in reliance on the changes made to this
13subsection (g) by Public Act 98-18 are hereby validated,
14provided payment of all applicable pari-mutuel taxes are
15remitted to the Board. All advance deposit wagers placed from
16within Illinois must be placed through a Board-approved
17advance deposit wagering licensee; no other entity may accept
18an advance deposit wager from a person within Illinois. All
19advance deposit wagering is subject to any rules adopted by
20the Board. The Board may adopt rules necessary to regulate
21advance deposit wagering through the use of emergency
22rulemaking in accordance with Section 5-45 of the Illinois
23Administrative Procedure Act. The General Assembly finds that
24the adoption of rules to regulate advance deposit wagering is
25deemed an emergency and necessary for the public interest,
26safety, and welfare. An advance deposit wagering licensee may

 

 

SB3158- 9 -LRB102 23650 AMQ 32832 b

1retain all moneys as agreed to by contract with an
2organization licensee. Any moneys retained by the organization
3licensee from advance deposit wagering, not including moneys
4retained by the advance deposit wagering licensee, shall be
5paid 50% to the organization licensee's purse account and 50%
6to the organization licensee. With the exception of any
7organization licensee that is owned by a publicly traded
8company that is incorporated in a state other than Illinois
9and advance deposit wagering licensees under contract with
10such organization licensees, organization licensees that
11maintain advance deposit wagering systems and advance deposit
12wagering licensees that contract with organization licensees
13shall provide sufficiently detailed monthly accountings to the
14horsemen association representing the largest number of
15owners, trainers, jockeys, or standardbred drivers who race
16horses at that organization licensee's racing meeting so that
17the horsemen association, as an interested party, can confirm
18the accuracy of the amounts paid to the purse account at the
19horsemen association's affiliated organization licensee from
20advance deposit wagering. If more than one breed races at the
21same race track facility, then the 50% of the moneys to be paid
22to an organization licensee's purse account shall be allocated
23among all organization licensees' purse accounts operating at
24that race track facility proportionately based on the actual
25number of host days that the Board grants to that breed at that
26race track facility in the current calendar year. To the

 

 

SB3158- 10 -LRB102 23650 AMQ 32832 b

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

 

 

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

 

 

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

 

 

SB3158- 13 -LRB102 23650 AMQ 32832 b

1        non-host licensee, and 50% to the purses at the host
2        track.
3        (6) Notwithstanding any provision in this Act to the
4    contrary, non-host licensees who derive their licenses
5    from a track located in a county with a population in
6    excess of 230,000 and that borders the Mississippi River
7    may receive supplemental interstate simulcast races at all
8    times subject to Board approval, which shall be withheld
9    only upon a finding that a supplemental interstate
10    simulcast is clearly adverse to the integrity of racing.
11        (7) Effective January 1, 2017, notwithstanding any
12    provision of this Act to the contrary, after payment of
13    all applicable State and local taxes and interstate
14    commission fees, non-host licensees who derive their
15    licenses from a track located in a county with a
16    population in excess of 230,000 and that borders the
17    Mississippi River shall retain 50% of the retention from
18    interstate simulcast wagers and shall pay 50% to purses at
19    the track from which the non-host licensee derives its
20    license.
21        (7.1) Notwithstanding any other provision of this Act
22    to the contrary, if no standardbred racing is conducted at
23    a racetrack located in Madison County during any calendar
24    year beginning on or after January 1, 2002, all moneys
25    derived by that racetrack from simulcast wagering and
26    inter-track wagering that (1) are to be used for purses

 

 

SB3158- 14 -LRB102 23650 AMQ 32832 b

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

 

 

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1    year beginning on or after January 1, 2002, all moneys
2    derived by that racetrack from simulcast wagering and
3    inter-track wagering that (1) are to be used for purses
4    and (2) are generated between the hours of 6:30 a.m. and
5    6:30 p.m. during that calendar year shall be deposited as
6    follows:
7            (A) If the licensee that conducts horse racing at
8        that racetrack requests from the Board at least as
9        many racing dates as were conducted in calendar year
10        2000, 80% shall be deposited into its standardbred
11        purse account; and
12            (B) Twenty percent shall be deposited into the
13        Illinois Colt Stakes Purse Distribution Fund. Moneys
14        deposited into the Illinois Colt Stakes Purse
15        Distribution Fund pursuant to this subparagraph (B)
16        shall be paid to Illinois conceived and foaled
17        thoroughbred breeders' programs and to thoroughbred
18        purses for races conducted at any county fairgrounds
19        for Illinois conceived and foaled horses at the
20        discretion of the Department of Agriculture, with the
21        advice and assistance of the Illinois Thoroughbred
22        Breeders Fund Advisory Board. The moneys deposited
23        into the Illinois Colt Stakes Purse Distribution Fund
24        pursuant to this subparagraph (B) shall be deposited
25        within 2 weeks after the day they were generated,
26        shall be in addition to and not in lieu of any other

 

 

SB3158- 16 -LRB102 23650 AMQ 32832 b

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

 

 

SB3158- 17 -LRB102 23650 AMQ 32832 b

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

 

 

SB3158- 18 -LRB102 23650 AMQ 32832 b

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

 

 

SB3158- 19 -LRB102 23650 AMQ 32832 b

1    each account to each eligible racing facility in
2    accordance with the provisions of this Section. Beginning
3    in the calendar year in which an organization licensee
4    that is eligible to receive payment under this paragraph
5    (13) begins to receive funds from gaming pursuant to an
6    organization gaming license issued under the Illinois
7    Gambling Act, the amount of the payment due to all
8    wagering facilities licensed under that organization
9    licensee under this paragraph (13) shall be the amount
10    certified by the Board in January of that year. An
11    organization licensee and its related wagering facilities
12    shall no longer be able to receive payments under this
13    paragraph (13) beginning in the year subsequent to the
14    first year in which the organization licensee begins to
15    receive funds from gaming pursuant to an organization
16    gaming license issued under the Illinois Gambling Act.
17    (h) The Board may approve and license the conduct of
18inter-track wagering and simulcast wagering by inter-track
19wagering licensees and inter-track wagering location licensees
20subject to the following terms and conditions:
21        (1) Any person licensed to conduct a race meeting (i)
22    at a track where 60 or more days of racing were conducted
23    during the immediately preceding calendar year or where
24    over the 5 immediately preceding calendar years an average
25    of 30 or more days of racing were conducted annually may be
26    issued an inter-track wagering license; (ii) at a track

 

 

SB3158- 20 -LRB102 23650 AMQ 32832 b

1    located in a county that is bounded by the Mississippi
2    River, which has a population of less than 150,000
3    according to the 1990 decennial census, and an average of
4    at least 60 days of racing per year between 1985 and 1993
5    may be issued an inter-track wagering license; (iii) at a
6    track awarded standardbred racing dates; or (iv) at a
7    track located in Madison County that conducted at least
8    100 days of live racing during the immediately preceding
9    calendar year may be issued an inter-track wagering
10    license, unless a lesser schedule of live racing is the
11    result of (A) weather, unsafe track conditions, or other
12    acts of God; (B) an agreement between the organization
13    licensee and the associations representing the largest
14    number of owners, trainers, jockeys, or standardbred
15    drivers who race horses at that organization licensee's
16    racing meeting; or (C) a finding by the Board of
17    extraordinary circumstances and that it was in the best
18    interest of the public and the sport to conduct fewer than
19    100 days of live racing. Any such person having operating
20    control of the racing facility may receive inter-track
21    wagering location licenses. An eligible race track located
22    in a county that has a population of more than 230,000 and
23    that is bounded by the Mississippi River may establish up
24    to 9 inter-track wagering locations, an eligible race
25    track located in Stickney Township in Cook County may
26    establish up to 16 inter-track wagering locations, and an

 

 

SB3158- 21 -LRB102 23650 AMQ 32832 b

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

 

 

SB3158- 22 -LRB102 23650 AMQ 32832 b

1        (4) Prior to the issuance of a license to conduct
2    inter-track wagering and simulcast wagering, the applicant
3    shall file with the Board a bond payable to the State of
4    Illinois in the sum of $50,000, executed by the applicant
5    and a surety company or companies authorized to do
6    business in this State, and conditioned upon (i) the
7    payment by the licensee of all taxes due under Section 27
8    or 27.1 and any other monies due and payable under this
9    Act, and (ii) distribution by the licensee, upon
10    presentation of the winning ticket or tickets, of all sums
11    payable to the patrons of pari-mutuel pools.
12        (5) Each license to conduct inter-track wagering and
13    simulcast wagering shall specify the person to whom it is
14    issued, the dates on which such wagering is permitted, and
15    the track or location where the wagering is to be
16    conducted.
17        (6) All wagering under such license is subject to this
18    Act and to the rules and regulations from time to time
19    prescribed by the Board, and every such license issued by
20    the Board shall contain a recital to that effect.
21        (7) An inter-track wagering licensee or inter-track
22    wagering location licensee may accept wagers at the track
23    or location where it is licensed, or as otherwise provided
24    under this Act.
25        (8) Inter-track wagering or simulcast wagering shall
26    not be conducted at any track less than 4 miles from a

 

 

SB3158- 23 -LRB102 23650 AMQ 32832 b

1    track at which a racing meeting is in progress.
2        (8.1) Inter-track wagering location licensees who
3    derive their licenses from a particular organization
4    licensee shall conduct inter-track wagering and simulcast
5    wagering only at locations that are within 160 miles of
6    that race track where the particular organization licensee
7    is licensed to conduct racing. Except as otherwise
8    provided However, inter-track wagering and simulcast
9    wagering shall not be conducted by those licensees at any
10    location within 5 miles of any race track at which a horse
11    race meeting has been licensed in the current year, unless
12    the person having operating control of such race track has
13    given its written consent to such inter-track wagering
14    location licensees, which consent must be filed with the
15    Board at or prior to the time application is made. In the
16    case of any inter-track wagering location licensee
17    initially licensed after December 31, 2013, inter-track
18    wagering and simulcast wagering shall not be conducted by
19    those inter-track wagering location licensees that are
20    located outside the City of Chicago at any location within
21    8 miles of any race track at which a horse race meeting has
22    been licensed in the current year, unless the person
23    having operating control of such race track has given its
24    written consent to such inter-track wagering location
25    licensees, which consent must be filed with the Board at
26    or prior to the time application is made. However, an

 

 

SB3158- 24 -LRB102 23650 AMQ 32832 b

1    inter-track wagering location licensee may conduct
2    inter-track wagering and simulcast wagering without
3    written consent regardless of whether it is located within
4    5 miles (or 8 miles for an inter-track wagering location
5    licensee initially licensed after December 31, 2013 that
6    is located outside the City of Chicago) of a race track if
7    the Board licensed the inter-track wagering location
8    licensee before initially issuing an organization license
9    to the race track in question.
10        (8.2) Inter-track wagering or simulcast wagering shall
11    not be conducted by an inter-track wagering location
12    licensee at any location within 100 feet of an existing
13    church, an existing elementary or secondary public school,
14    or an existing elementary or secondary private school
15    registered with or recognized by the State Board of
16    Education. The distance of 100 feet shall be measured to
17    the nearest part of any building used for worship
18    services, education programs, or conducting inter-track
19    wagering by an inter-track wagering location licensee, and
20    not to property boundaries. However, inter-track wagering
21    or simulcast wagering may be conducted at a site within
22    100 feet of a church or school if such church or school has
23    been erected or established after the Board issues the
24    original inter-track wagering location license at the site
25    in question. Inter-track wagering location licensees may
26    conduct inter-track wagering and simulcast wagering only

 

 

SB3158- 25 -LRB102 23650 AMQ 32832 b

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

 

 

SB3158- 26 -LRB102 23650 AMQ 32832 b

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

 

 

SB3158- 27 -LRB102 23650 AMQ 32832 b

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

 

 

SB3158- 28 -LRB102 23650 AMQ 32832 b

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

 

 

SB3158- 29 -LRB102 23650 AMQ 32832 b

1    during any calendar year exceeds the amount collected and
2    distributed to the Horse Racing Tax Allocation Fund during
3    calendar year 1994, that excess amount shall be
4    redistributed (I) to all inter-track wagering location
5    licensees, based on each licensee's pro rata share of the
6    total handle from inter-track wagering and simulcast
7    wagering for all inter-track wagering location licensees
8    during the calendar year in which this provision is
9    applicable; then (II) the amounts redistributed to each
10    inter-track wagering location licensee as described in
11    subpart (I) shall be further redistributed as provided in
12    subparagraph (B) of paragraph (5) of subsection (g) of
13    this Section 26 provided first, that the shares of those
14    amounts, which are to be redistributed to the host track
15    or to purses at the host track under subparagraph (B) of
16    paragraph (5) of subsection (g) of this Section 26 shall
17    be redistributed based on each host track's pro rata share
18    of the total inter-track wagering and simulcast wagering
19    handle at all host tracks during the calendar year in
20    question, and second, that any amounts redistributed as
21    described in part (I) to an inter-track wagering location
22    licensee that accepts wagers on races conducted by an
23    organization licensee that conducts a race meet in a
24    county with a population in excess of 230,000 and that
25    borders the Mississippi River shall be further
26    redistributed, effective January 1, 2017, as provided in

 

 

SB3158- 30 -LRB102 23650 AMQ 32832 b

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

 

 

SB3158- 31 -LRB102 23650 AMQ 32832 b

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

 

 

SB3158- 32 -LRB102 23650 AMQ 32832 b

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

 

 

SB3158- 33 -LRB102 23650 AMQ 32832 b

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

 

 

SB3158- 34 -LRB102 23650 AMQ 32832 b

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

 

 

SB3158- 35 -LRB102 23650 AMQ 32832 b

1        four-sevenths of the amount collected by each
2        inter-track wagering location licensee within the park
3        district or conservation district or municipality for
4        the Fund. Monies that were paid into the Horse Racing
5        Tax Allocation Fund before August 9, 1991 (the
6        effective date of Public Act 87-110) by an inter-track
7        wagering location licensee located in a municipality
8        that is not included within any park district but is
9        included within a conservation district as provided in
10        this paragraph shall, as soon as practicable after
11        August 9, 1991 (the effective date of Public Act
12        87-110), be allocated and paid to that conservation
13        district as provided in this paragraph. Any park
14        district or municipality not maintaining a museum may
15        deposit the monies in the corporate fund of the park
16        district or municipality where the inter-track
17        wagering location is located, to be used for general
18        purposes; and
19            One-seventh to the Agricultural Premium Fund to be
20        used for distribution to agricultural home economics
21        extension councils in accordance with "An Act in
22        relation to additional support and finances for the
23        Agricultural and Home Economic Extension Councils in
24        the several counties of this State and making an
25        appropriation therefor", approved July 24, 1967.
26        Until January 1, 2000, all other monies paid into the

 

 

SB3158- 36 -LRB102 23650 AMQ 32832 b

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

 

 

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

 

 

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1        appropriation therefor", approved July 24, 1967. This
2        subparagraph (C) shall be inoperative and of no force
3        and effect on and after January 1, 2000.
4            (D) Except as provided in paragraph (11) of this
5        subsection (h), with respect to purse allocation from
6        inter-track wagering, the monies so retained shall be
7        divided as follows:
8                (i) If the inter-track wagering licensee,
9            except an inter-track wagering licensee that
10            derives its license from an organization licensee
11            located in a county with a population in excess of
12            230,000 and bounded by the Mississippi River, is
13            not conducting its own race meeting during the
14            same dates, then the entire purse allocation shall
15            be to purses at the track where the races wagered
16            on are being conducted.
17                (ii) If the inter-track wagering licensee,
18            except an inter-track wagering licensee that
19            derives its license from an organization licensee
20            located in a county with a population in excess of
21            230,000 and bounded by the Mississippi River, is
22            also conducting its own race meeting during the
23            same dates, then the purse allocation shall be as
24            follows: 50% to purses at the track where the
25            races wagered on are being conducted; 50% to
26            purses at the track where the inter-track wagering

 

 

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

 

 

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

 

 

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1        Board; such rules and regulation shall specify the
2        method of appointment and the Director's powers,
3        authority and duties.
4            (G) The Board is vested with the power to impose
5        civil penalties of up to $5,000 against individuals
6        and up to $10,000 against licensees for each violation
7        of any provision of this Act relating to the conduct of
8        this wagering, any rules adopted by the Board, any
9        order of the Board or any other action which in the
10        Board's discretion, is a detriment or impediment to
11        such wagering.
12        (13) The Department of Agriculture may enter into
13    agreements with licensees authorizing such licensees to
14    conduct inter-track wagering on races to be held at the
15    licensed race meetings conducted by the Department of
16    Agriculture. Such agreement shall specify the races of the
17    Department of Agriculture's licensed race meeting upon
18    which the licensees will conduct wagering. In the event
19    that a licensee conducts inter-track pari-mutuel wagering
20    on races from the Illinois State Fair or DuQuoin State
21    Fair which are in addition to the licensee's previously
22    approved racing program, those races shall be considered a
23    separate racing day for the purpose of determining the
24    daily handle and computing the privilege or pari-mutuel
25    tax on that daily handle as provided in Sections 27 and
26    27.1. Such agreements shall be approved by the Board

 

 

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1    before such wagering may be conducted. In determining
2    whether to grant approval, the Board shall give due
3    consideration to the best interests of the public and of
4    horse racing. The provisions of paragraphs (1), (8),
5    (8.1), and (8.2) of subsection (h) of this Section which
6    are not specified in this paragraph (13) shall not apply
7    to licensed race meetings conducted by the Department of
8    Agriculture at the Illinois State Fair in Sangamon County
9    or the DuQuoin State Fair in Perry County, or to any
10    wagering conducted on those race meetings.
11        (14) An inter-track wagering location license
12    authorized by the Board in 2016 that is owned and operated
13    by a race track in Rock Island County shall be transferred
14    to a commonly owned race track in Cook County on August 12,
15    2016 (the effective date of Public Act 99-757). The
16    licensee shall retain its status in relation to purse
17    distribution under paragraph (11) of this subsection (h)
18    following the transfer to the new entity. The pari-mutuel
19    tax credit under Section 32.1 shall not be applied toward
20    any pari-mutuel tax obligation of the inter-track wagering
21    location licensee of the license that is transferred under
22    this paragraph (14).
23    (i) Notwithstanding the other provisions of this Act, the
24conduct of wagering at wagering facilities is authorized on
25all days, except as limited by subsection (b) of Section 19 of
26this Act.

 

 

SB3158- 43 -LRB102 23650 AMQ 32832 b

1(Source: P.A. 101-31, eff. 6-28-19; 101-52, eff. 7-12-19;
2101-81, eff. 7-12-19; 101-109, eff. 7-19-19; 102-558, eff.
38-20-21; revised 12-2-21.)