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

SB3158sam001 102ND GENERAL ASSEMBLY

Sen. Bill Cunningham

Filed: 2/24/2022

 

 


 

 


 
10200SB3158sam001LRB102 23650 AMQ 36879 a

1
AMENDMENT TO SENATE BILL 3158

2    AMENDMENT NO. ______. Amend Senate Bill 3158 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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

 

 

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1thereafter, the balance of such sum remaining unclaimed, less
2any uncashed supplements contributed by such licensee for the
3purpose of guaranteeing minimum distributions of any
4pari-mutuel pool, shall be evenly distributed to the purse
5account of the organization licensee and the organization
6licensee, except that the balance of the sum of all
7outstanding pari-mutuel tickets generated from simulcast
8wagering and inter-track wagering by an organization licensee
9located in a county with a population in excess of 230,000 and
10borders the Mississippi River or any licensee that derives its
11license from that organization licensee shall be evenly
12distributed to the purse account of the organization licensee
13and the organization licensee.
14    (d) A pari-mutuel ticket shall be honored until December
1531 of the next calendar year, and the licensee shall pay the
16same and may charge the amount thereof against unpaid money
17similarly accumulated on account of pari-mutuel tickets not
18presented for payment.
19    (e) No licensee shall knowingly permit any minor, other
20than an employee of such licensee or an owner, trainer,
21jockey, driver, or employee thereof, to be admitted during a
22racing program unless accompanied by a parent or guardian, or
23any minor to be a patron of the pari-mutuel system of wagering
24conducted or supervised by it. The admission of any
25unaccompanied minor, other than an employee of the licensee or
26an owner, trainer, jockey, driver, or employee thereof at a

 

 

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1race track is a Class C misdemeanor.
2    (f) Notwithstanding the other provisions of this Act, an
3organization licensee may contract with an entity in another
4state or country to permit any legal wagering entity in
5another state or country to accept wagers solely within such
6other state or country on races conducted by the organization
7licensee in this State. Beginning January 1, 2000, these
8wagers shall not be subject to State taxation. Until January
91, 2000, when the out-of-State entity conducts a pari-mutuel
10pool separate from the organization licensee, a privilege tax
11equal to 7 1/2% of all monies received by the organization
12licensee from entities in other states or countries pursuant
13to such contracts is imposed on the organization licensee, and
14such privilege tax shall be remitted to the Department of
15Revenue within 48 hours of receipt of the moneys from the
16simulcast. When the out-of-State entity conducts a combined
17pari-mutuel pool with the organization licensee, the tax shall
18be 10% of all monies received by the organization licensee
19with 25% of the receipts from this 10% tax to be distributed to
20the county in which the race was conducted.
21    An organization licensee may permit one or more of its
22races to be utilized for pari-mutuel wagering at one or more
23locations in other states and may transmit audio and visual
24signals of races the organization licensee conducts to one or
25more locations outside the State or country and may also
26permit pari-mutuel pools in other states or countries to be

 

 

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1combined with its gross or net wagering pools or with wagering
2pools established by other states.
3    (g) A host track may accept interstate simulcast wagers on
4horse races conducted in other states or countries and shall
5control the number of signals and types of breeds of racing in
6its simulcast program, subject to the disapproval of the
7Board. The Board may prohibit a simulcast program only if it
8finds that the simulcast program is clearly adverse to the
9integrity of racing. The host track simulcast program shall
10include the signal of live racing of all organization
11licensees. All non-host licensees and advance deposit wagering
12licensees shall carry the signal of and accept wagers on live
13racing of all organization licensees. Advance deposit wagering
14licensees shall not be permitted to accept out-of-state wagers
15on any Illinois signal provided pursuant to this Section
16without the approval and consent of the organization licensee
17providing the signal. For one year after August 15, 2014 (the
18effective date of Public Act 98-968), non-host licensees may
19carry the host track simulcast program and shall accept wagers
20on all races included as part of the simulcast program of horse
21races conducted at race tracks located within North America
22upon which wagering is permitted. For a period of one year
23after August 15, 2014 (the effective date of Public Act
2498-968), on horse races conducted at race tracks located
25outside of North America, non-host licensees may accept wagers
26on all races included as part of the simulcast program upon

 

 

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1which wagering is permitted. Beginning August 15, 2015 (one
2year after the effective date of Public Act 98-968), non-host
3licensees may carry the host track simulcast program and shall
4accept wagers on all races included as part of the simulcast
5program upon which wagering is permitted. All organization
6licensees shall provide their live signal to all advance
7deposit wagering licensees for a simulcast commission fee not
8to exceed 6% of the advance deposit wagering licensee's
9Illinois handle on the organization licensee's signal without
10prior approval by the Board. The Board may adopt rules under
11which it may permit simulcast commission fees in excess of 6%.
12The Board shall adopt rules limiting the interstate commission
13fees charged to an advance deposit wagering licensee. The
14Board shall adopt rules regarding advance deposit wagering on
15interstate simulcast races that shall reflect, among other
16things, the General Assembly's desire to maximize revenues to
17the State, horsemen purses, and organization licensees.
18However, organization licensees providing live signals
19pursuant to the requirements of this subsection (g) may
20petition the Board to withhold their live signals from an
21advance deposit wagering licensee if the organization licensee
22discovers and the Board finds reputable or credible
23information that the advance deposit wagering licensee is
24under investigation by another state or federal governmental
25agency, the advance deposit wagering licensee's license has
26been suspended in another state, or the advance deposit

 

 

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

 

 

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1system whereby advance deposit wagering may take place or an
2organization licensee, with the consent of the horsemen
3association representing the largest number of owners,
4trainers, jockeys, or standardbred drivers who race horses at
5that organization licensee's racing meeting, may contract with
6another person to carry out a system of advance deposit
7wagering. Such consent may not be unreasonably withheld. Only
8with respect to an appeal to the Board that consent for an
9organization licensee that maintains its own advance deposit
10wagering system is being unreasonably withheld, the Board
11shall issue a final order within 30 days after initiation of
12the appeal, and the organization licensee's advance deposit
13wagering system may remain operational during that 30-day
14period. The actions of any organization licensee who conducts
15advance deposit wagering or any person who has a contract with
16an organization licensee to conduct advance deposit wagering
17who conducts advance deposit wagering on or after January 1,
182013 and prior to June 7, 2013 (the effective date of Public
19Act 98-18) taken in reliance on the changes made to this
20subsection (g) by Public Act 98-18 are hereby validated,
21provided payment of all applicable pari-mutuel taxes are
22remitted to the Board. All advance deposit wagers placed from
23within Illinois must be placed through a Board-approved
24advance deposit wagering licensee; no other entity may accept
25an advance deposit wager from a person within Illinois. All
26advance deposit wagering is subject to any rules adopted by

 

 

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

 

 

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1advance deposit wagering. If more than one breed races at the
2same race track facility, then the 50% of the moneys to be paid
3to an organization licensee's purse account shall be allocated
4among all organization licensees' purse accounts operating at
5that race track facility proportionately based on the actual
6number of host days that the Board grants to that breed at that
7race track facility in the current calendar year. To the
8extent any fees from advance deposit wagering conducted in
9Illinois for wagers in Illinois or other states have been
10placed in escrow or otherwise withheld from wagers pending a
11determination of the legality of advance deposit wagering, no
12action shall be brought to declare such wagers or the
13disbursement of any fees previously escrowed illegal.
14        (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
15    inter-track wagering licensee other than the host track
16    may supplement the host track simulcast program with
17    additional simulcast races or race programs, provided that
18    between January 1 and the third Friday in February of any
19    year, inclusive, if no live thoroughbred racing is
20    occurring in Illinois during this period, only
21    thoroughbred races may be used for supplemental interstate
22    simulcast purposes. The Board shall withhold approval for
23    a supplemental interstate simulcast only if it finds that
24    the simulcast is clearly adverse to the integrity of
25    racing. A supplemental interstate simulcast may be
26    transmitted from an inter-track wagering licensee to its

 

 

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

 

 

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

 

 

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

 

 

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1    license.
2        (7.1) Notwithstanding any other provision of this Act
3    to the contrary, if no standardbred racing is conducted at
4    a racetrack located in Madison County during any calendar
5    year beginning on or after January 1, 2002, all moneys
6    derived by that racetrack from simulcast wagering and
7    inter-track wagering that (1) are to be used for purses
8    and (2) are generated between the hours of 6:30 p.m. and
9    6:30 a.m. during that calendar year shall be paid as
10    follows:
11            (A) If the licensee that conducts horse racing at
12        that racetrack requests from the Board at least as
13        many racing dates as were conducted in calendar year
14        2000, 80% shall be paid to its thoroughbred purse
15        account; and
16            (B) Twenty percent shall be deposited into the
17        Illinois Colt Stakes Purse Distribution Fund and shall
18        be paid to purses for standardbred races for Illinois
19        conceived and foaled horses conducted at any county
20        fairgrounds. The moneys deposited into the Fund
21        pursuant to this subparagraph (B) shall be deposited
22        within 2 weeks after the day they were generated,
23        shall be in addition to and not in lieu of any other
24        moneys paid to standardbred purses under this Act, and
25        shall not be commingled with other moneys paid into
26        that Fund. The moneys deposited pursuant to this

 

 

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1        subparagraph (B) shall be allocated as provided by the
2        Department of Agriculture, with the advice and
3        assistance of the Illinois Standardbred Breeders Fund
4        Advisory Board.
5        (7.2) Notwithstanding any other provision of this Act
6    to the contrary, if no thoroughbred racing is conducted at
7    a racetrack located in Madison County during any calendar
8    year beginning on or after January 1, 2002, all moneys
9    derived by that racetrack from simulcast wagering and
10    inter-track wagering that (1) are to be used for purses
11    and (2) are generated between the hours of 6:30 a.m. and
12    6:30 p.m. during that calendar year shall be deposited as
13    follows:
14            (A) If the licensee that conducts horse racing at
15        that racetrack requests from the Board at least as
16        many racing dates as were conducted in calendar year
17        2000, 80% shall be deposited into its standardbred
18        purse account; and
19            (B) Twenty percent shall be deposited into the
20        Illinois Colt Stakes Purse Distribution Fund. Moneys
21        deposited into the Illinois Colt Stakes Purse
22        Distribution Fund pursuant to this subparagraph (B)
23        shall be paid to Illinois conceived and foaled
24        thoroughbred breeders' programs and to thoroughbred
25        purses for races conducted at any county fairgrounds
26        for Illinois conceived and foaled horses at the

 

 

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

 

 

10200SB3158sam001- 17 -LRB102 23650 AMQ 36879 a

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

 

 

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

 

 

10200SB3158sam001- 19 -LRB102 23650 AMQ 36879 a

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

 

 

10200SB3158sam001- 20 -LRB102 23650 AMQ 36879 a

1subject to the following terms and conditions:
2        (1) Any person licensed to conduct a race meeting (i)
3    at a track where 60 or more days of racing were conducted
4    during the immediately preceding calendar year or where
5    over the 5 immediately preceding calendar years an average
6    of 30 or more days of racing were conducted annually may be
7    issued an inter-track wagering license; (ii) at a track
8    located in a county that is bounded by the Mississippi
9    River, which has a population of less than 150,000
10    according to the 1990 decennial census, and an average of
11    at least 60 days of racing per year between 1985 and 1993
12    may be issued an inter-track wagering license; (iii) at a
13    track awarded standardbred racing dates; or (iv) at a
14    track located in Madison County that conducted at least
15    100 days of live racing during the immediately preceding
16    calendar year may be issued an inter-track wagering
17    license, unless a lesser schedule of live racing is the
18    result of (A) weather, unsafe track conditions, or other
19    acts of God; (B) an agreement between the organization
20    licensee and the associations representing the largest
21    number of owners, trainers, jockeys, or standardbred
22    drivers who race horses at that organization licensee's
23    racing meeting; or (C) a finding by the Board of
24    extraordinary circumstances and that it was in the best
25    interest of the public and the sport to conduct fewer than
26    100 days of live racing. Any such person having operating

 

 

10200SB3158sam001- 21 -LRB102 23650 AMQ 36879 a

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

 

 

10200SB3158sam001- 22 -LRB102 23650 AMQ 36879 a

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

 

 

10200SB3158sam001- 23 -LRB102 23650 AMQ 36879 a

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

 

 

10200SB3158sam001- 24 -LRB102 23650 AMQ 36879 a

1    the person having operating control of such race track has
2    given its written consent to such inter-track wagering
3    location licensees, which consent must be filed with the
4    Board at or prior to the time application is made. In the
5    case of any inter-track wagering location licensee
6    initially licensed after December 31, 2013, inter-track
7    wagering and simulcast wagering shall not be conducted by
8    those inter-track wagering location licensees that are
9    located outside the City of Chicago at any location within
10    8 miles of any race track at which a horse race meeting has
11    been licensed in the current year, unless the person
12    having operating control of such race track has given its
13    written consent to such inter-track wagering location
14    licensees, which consent must be filed with the Board at
15    or prior to the time application is made. However, an
16    inter-track wagering location licensee may conduct
17    inter-track wagering and simulcast wagering without
18    written consent regardless of whether it is located within
19    5 miles (or 8 miles for an inter-track wagering location
20    licensee initially licensed after December 31, 2013 that
21    is located outside the City of Chicago) of a race track if
22    the Board licensed the inter-track wagering location
23    licensee before initially issuing an organization license
24    to the race track in question.
25        (8.2) Inter-track wagering or simulcast wagering shall
26    not be conducted by an inter-track wagering location

 

 

10200SB3158sam001- 25 -LRB102 23650 AMQ 36879 a

1    licensee at any location within 100 feet of an existing
2    church, an existing elementary or secondary public school,
3    or an existing elementary or secondary private school
4    registered with or recognized by the State Board of
5    Education. The distance of 100 feet shall be measured to
6    the nearest part of any building used for worship
7    services, education programs, or conducting inter-track
8    wagering by an inter-track wagering location licensee, and
9    not to property boundaries. However, inter-track wagering
10    or simulcast wagering may be conducted at a site within
11    100 feet of a church or school if such church or school has
12    been erected or established after the Board issues the
13    original inter-track wagering location license at the site
14    in question. Inter-track wagering location licensees may
15    conduct inter-track wagering and simulcast wagering only
16    in areas that are zoned for commercial or manufacturing
17    purposes or in areas for which a special use has been
18    approved by the local zoning authority. However, no
19    license to conduct inter-track wagering and simulcast
20    wagering shall be granted by the Board with respect to any
21    inter-track wagering location within the jurisdiction of
22    any local zoning authority which has, by ordinance or by
23    resolution, prohibited the establishment of an inter-track
24    wagering location within its jurisdiction. However,
25    inter-track wagering and simulcast wagering may be
26    conducted at a site if such ordinance or resolution is

 

 

10200SB3158sam001- 26 -LRB102 23650 AMQ 36879 a

1    enacted after the Board licenses the original inter-track
2    wagering location licensee for the site in question.
3        (9) (Blank).
4        (10) An inter-track wagering licensee or an
5    inter-track wagering location licensee may retain, subject
6    to the payment of the privilege taxes and the purses, an
7    amount not to exceed 17% of all money wagered. Each
8    program of racing conducted by each inter-track wagering
9    licensee or inter-track wagering location licensee shall
10    be considered a separate racing day for the purpose of
11    determining the daily handle and computing the privilege
12    tax or pari-mutuel tax on such daily handle as provided in
13    Section 27.
14        (10.1) Except as provided in subsection (g) of Section
15    27 of this Act, inter-track wagering location licensees
16    shall pay 1% of the pari-mutuel handle at each location to
17    the municipality in which such location is situated and 1%
18    of the pari-mutuel handle at each location to the county
19    in which such location is situated. In the event that an
20    inter-track wagering location licensee is situated in an
21    unincorporated area of a county, such licensee shall pay
22    2% of the pari-mutuel handle from such location to such
23    county. Inter-track wagering location licensees must pay
24    the handle percentage required under this paragraph to the
25    municipality and county no later than the 20th of the
26    month following the month such handle was generated.

 

 

10200SB3158sam001- 27 -LRB102 23650 AMQ 36879 a

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

 

 

10200SB3158sam001- 28 -LRB102 23650 AMQ 36879 a

1    expenses in connection with the gathering, transmission,
2    and dissemination of all data necessary to the conduct of
3    inter-track wagering, the remainder of the monies retained
4    under either Section 26 or Section 26.2 of this Act by the
5    inter-track wagering licensee on inter-track wagering
6    shall be allocated with 50% to be split between the 2
7    participating licensees and 50% to purses, except that an
8    inter-track wagering licensee that derives its license
9    from a track located in a county with a population in
10    excess of 230,000 and that borders the Mississippi River
11    shall not divide any remaining retention with the Illinois
12    organization licensee that provides the race or races, and
13    an inter-track wagering licensee that accepts wagers on
14    races conducted by an organization licensee that conducts
15    a race meet in a county with a population in excess of
16    230,000 and that borders the Mississippi River shall not
17    divide any remaining retention with that organization
18    licensee.
19        (B) From the sums permitted to be retained pursuant to
20    this Act each inter-track wagering location licensee shall
21    pay (i) the privilege or pari-mutuel tax to the State;
22    (ii) 4.75% of the pari-mutuel handle on inter-track
23    wagering at such location on races as purses, except that
24    an inter-track wagering location licensee that derives its
25    license from a track located in a county with a population
26    in excess of 230,000 and that borders the Mississippi

 

 

10200SB3158sam001- 29 -LRB102 23650 AMQ 36879 a

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

 

 

10200SB3158sam001- 30 -LRB102 23650 AMQ 36879 a

1    subparagraph (B) of paragraph (5) of subsection (g) of
2    this Section 26 provided first, that the shares of those
3    amounts, which are to be redistributed to the host track
4    or to purses at the host track under subparagraph (B) of
5    paragraph (5) of subsection (g) of this Section 26 shall
6    be redistributed based on each host track's pro rata share
7    of the total inter-track wagering and simulcast wagering
8    handle at all host tracks during the calendar year in
9    question, and second, that any amounts redistributed as
10    described in part (I) to an inter-track wagering location
11    licensee that accepts wagers on races conducted by an
12    organization licensee that conducts a race meet in a
13    county with a population in excess of 230,000 and that
14    borders the Mississippi River shall be further
15    redistributed, effective January 1, 2017, as provided in
16    paragraph (7) of subsection (g) of this Section 26, with
17    the portion of that further redistribution allocated to
18    purses at that organization licensee to be divided between
19    standardbred purses and thoroughbred purses based on the
20    amounts otherwise allocated to purses at that organization
21    licensee during the calendar year in question; and (iv) 8%
22    of the pari-mutuel handle on inter-track wagering wagered
23    at such location to satisfy all costs and expenses of
24    conducting its wagering. The remainder of the monies
25    retained by the inter-track wagering location licensee
26    shall be allocated 40% to the location licensee and 60% to

 

 

10200SB3158sam001- 31 -LRB102 23650 AMQ 36879 a

1    the organization licensee which provides the Illinois
2    races to the location, except that an inter-track wagering
3    location licensee that derives its license from a track
4    located in a county with a population in excess of 230,000
5    and that borders the Mississippi River shall not divide
6    any remaining retention with the organization licensee
7    that provides the race or races and an inter-track
8    wagering location licensee that accepts wagers on races
9    conducted by an organization licensee that conducts a race
10    meet in a county with a population in excess of 230,000 and
11    that borders the Mississippi River shall not divide any
12    remaining retention with the organization licensee.
13    Notwithstanding the provisions of clauses (ii) and (iv) of
14    this paragraph, in the case of the additional inter-track
15    wagering location licenses authorized under paragraph (1)
16    of this subsection (h) by Public Act 87-110, those
17    licensees shall pay the following amounts as purses:
18    during the first 12 months the licensee is in operation,
19    5.25% of the pari-mutuel handle wagered at the location on
20    races; during the second 12 months, 5.25%; during the
21    third 12 months, 5.75%; during the fourth 12 months,
22    6.25%; and during the fifth 12 months and thereafter,
23    6.75%. The following amounts shall be retained by the
24    licensee to satisfy all costs and expenses of conducting
25    its wagering: during the first 12 months the licensee is
26    in operation, 8.25% of the pari-mutuel handle wagered at

 

 

10200SB3158sam001- 32 -LRB102 23650 AMQ 36879 a

1    the location; during the second 12 months, 8.25%; during
2    the third 12 months, 7.75%; during the fourth 12 months,
3    7.25%; and during the fifth 12 months and thereafter,
4    6.75%. For additional inter-track wagering location
5    licensees authorized under Public Act 89-16, purses for
6    the first 12 months the licensee is in operation shall be
7    5.75% of the pari-mutuel wagered at the location, purses
8    for the second 12 months the licensee is in operation
9    shall be 6.25%, and purses thereafter shall be 6.75%. For
10    additional inter-track location licensees authorized under
11    Public Act 89-16, the licensee shall be allowed to retain
12    to satisfy all costs and expenses: 7.75% of the
13    pari-mutuel handle wagered at the location during its
14    first 12 months of operation, 7.25% during its second 12
15    months of operation, and 6.75% thereafter.
16        (C) There is hereby created the Horse Racing Tax
17    Allocation Fund which shall remain in existence until
18    December 31, 1999. Moneys remaining in the Fund after
19    December 31, 1999 shall be paid into the General Revenue
20    Fund. Until January 1, 2000, all monies paid into the
21    Horse Racing Tax Allocation Fund pursuant to this
22    paragraph (11) by inter-track wagering location licensees
23    located in park districts of 500,000 population or less,
24    or in a municipality that is not included within any park
25    district but is included within a conservation district
26    and is the county seat of a county that (i) is contiguous

 

 

10200SB3158sam001- 33 -LRB102 23650 AMQ 36879 a

1    to the state of Indiana and (ii) has a 1990 population of
2    88,257 according to the United States Bureau of the
3    Census, and operating on May 1, 1994 shall be allocated by
4    appropriation as follows:
5            Two-sevenths to the Department of Agriculture.
6        Fifty percent of this two-sevenths shall be used to
7        promote the Illinois horse racing and breeding
8        industry, and shall be distributed by the Department
9        of Agriculture upon the advice of a 9-member committee
10        appointed by the Governor consisting of the following
11        members: the Director of Agriculture, who shall serve
12        as chairman; 2 representatives of organization
13        licensees conducting thoroughbred race meetings in
14        this State, recommended by those licensees; 2
15        representatives of organization licensees conducting
16        standardbred race meetings in this State, recommended
17        by those licensees; a representative of the Illinois
18        Thoroughbred Breeders and Owners Foundation,
19        recommended by that Foundation; a representative of
20        the Illinois Standardbred Owners and Breeders
21        Association, recommended by that Association; a
22        representative of the Horsemen's Benevolent and
23        Protective Association or any successor organization
24        thereto established in Illinois comprised of the
25        largest number of owners and trainers, recommended by
26        that Association or that successor organization; and a

 

 

10200SB3158sam001- 34 -LRB102 23650 AMQ 36879 a

1        representative of the Illinois Harness Horsemen's
2        Association, recommended by that Association.
3        Committee members shall serve for terms of 2 years,
4        commencing January 1 of each even-numbered year. If a
5        representative of any of the above-named entities has
6        not been recommended by January 1 of any even-numbered
7        year, the Governor shall appoint a committee member to
8        fill that position. Committee members shall receive no
9        compensation for their services as members but shall
10        be reimbursed for all actual and necessary expenses
11        and disbursements incurred in the performance of their
12        official duties. The remaining 50% of this
13        two-sevenths shall be distributed to county fairs for
14        premiums and rehabilitation as set forth in the
15        Agricultural Fair Act;
16            Four-sevenths to park districts or municipalities
17        that do not have a park district of 500,000 population
18        or less for museum purposes (if an inter-track
19        wagering location licensee is located in such a park
20        district) or to conservation districts for museum
21        purposes (if an inter-track wagering location licensee
22        is located in a municipality that is not included
23        within any park district but is included within a
24        conservation district and is the county seat of a
25        county that (i) is contiguous to the state of Indiana
26        and (ii) has a 1990 population of 88,257 according to

 

 

10200SB3158sam001- 35 -LRB102 23650 AMQ 36879 a

1        the United States Bureau of the Census, except that if
2        the conservation district does not maintain a museum,
3        the monies shall be allocated equally between the
4        county and the municipality in which the inter-track
5        wagering location licensee is located for general
6        purposes) or to a municipal recreation board for park
7        purposes (if an inter-track wagering location licensee
8        is located in a municipality that is not included
9        within any park district and park maintenance is the
10        function of the municipal recreation board and the
11        municipality has a 1990 population of 9,302 according
12        to the United States Bureau of the Census); provided
13        that the monies are distributed to each park district
14        or conservation district or municipality that does not
15        have a park district in an amount equal to
16        four-sevenths of the amount collected by each
17        inter-track wagering location licensee within the park
18        district or conservation district or municipality for
19        the Fund. Monies that were paid into the Horse Racing
20        Tax Allocation Fund before August 9, 1991 (the
21        effective date of Public Act 87-110) by an inter-track
22        wagering location licensee located in a municipality
23        that is not included within any park district but is
24        included within a conservation district as provided in
25        this paragraph shall, as soon as practicable after
26        August 9, 1991 (the effective date of Public Act

 

 

10200SB3158sam001- 36 -LRB102 23650 AMQ 36879 a

1        87-110), be allocated and paid to that conservation
2        district as provided in this paragraph. Any park
3        district or municipality not maintaining a museum may
4        deposit the monies in the corporate fund of the park
5        district or municipality where the inter-track
6        wagering location is located, to be used for general
7        purposes; and
8            One-seventh to the Agricultural Premium Fund to be
9        used for distribution to agricultural home economics
10        extension councils in accordance with "An Act in
11        relation to additional support and finances for the
12        Agricultural and Home Economic Extension Councils in
13        the several counties of this State and making an
14        appropriation therefor", approved July 24, 1967.
15        Until January 1, 2000, all other monies paid into the
16    Horse Racing Tax Allocation Fund pursuant to this
17    paragraph (11) shall be allocated by appropriation as
18    follows:
19            Two-sevenths to the Department of Agriculture.
20        Fifty percent of this two-sevenths shall be used to
21        promote the Illinois horse racing and breeding
22        industry, and shall be distributed by the Department
23        of Agriculture upon the advice of a 9-member committee
24        appointed by the Governor consisting of the following
25        members: the Director of Agriculture, who shall serve
26        as chairman; 2 representatives of organization

 

 

10200SB3158sam001- 37 -LRB102 23650 AMQ 36879 a

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

 

 

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

 

 

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

 

 

10200SB3158sam001- 40 -LRB102 23650 AMQ 36879 a

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

 

 

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

 

 

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

 

 

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1    authorized by the Board in 2016 that is owned and operated
2    by a race track in Rock Island County shall be transferred
3    to a commonly owned race track in Cook County on August 12,
4    2016 (the effective date of Public Act 99-757). The
5    licensee shall retain its status in relation to purse
6    distribution under paragraph (11) of this subsection (h)
7    following the transfer to the new entity. The pari-mutuel
8    tax credit under Section 32.1 shall not be applied toward
9    any pari-mutuel tax obligation of the inter-track wagering
10    location licensee of the license that is transferred under
11    this paragraph (14).
12    (i) Notwithstanding the other provisions of this Act, the
13conduct of wagering at wagering facilities is authorized on
14all days, except as limited by subsection (b) of Section 19 of
15this Act.
16(Source: P.A. 101-31, eff. 6-28-19; 101-52, eff. 7-12-19;
17101-81, eff. 7-12-19; 101-109, eff. 7-19-19; 102-558, eff.
188-20-21; revised 12-2-21.)".