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

SB3158sam002 102ND GENERAL ASSEMBLY

Sen. Bill Cunningham

Filed: 3/9/2022

 

 


 

 


 
10200SB3158sam002LRB102 23650 AMQ 37455 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. Intent. This Act is not intended to interfere
5with the limitations on the conduct of sports wagering at
6inter-track wagering locations in Section 25-30 of the Sports
7Wagering Act.
 
8    Section 10. The Illinois Horse Racing Act of 1975 is
9amended by changing Section 26 as follows:
 
10    (230 ILCS 5/26)  (from Ch. 8, par. 37-26)
11    Sec. 26. Wagering.
12    (a) Any licensee may conduct and supervise the pari-mutuel
13system of wagering, as defined in Section 3.12 of this Act, on
14horse races conducted by an Illinois organization licensee or
15conducted at a racetrack located in another state or country

 

 

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

 

 

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1    (c) (Blank).
2    (c-5) The sum held by any licensee for payment of
3outstanding pari-mutuel tickets, if unclaimed prior to
4December 31 of the next year, shall be retained by the licensee
5for payment of such tickets until that date. Within 10 days
6thereafter, the balance of such sum remaining unclaimed, less
7any uncashed supplements contributed by such licensee for the
8purpose of guaranteeing minimum distributions of any
9pari-mutuel pool, shall be evenly distributed to the purse
10account of the organization licensee and the organization
11licensee, except that the balance of the sum of all
12outstanding pari-mutuel tickets generated from simulcast
13wagering and inter-track wagering by an organization licensee
14located in a county with a population in excess of 230,000 and
15borders the Mississippi River or any licensee that derives its
16license from that organization licensee shall be evenly
17distributed to the purse account of the organization licensee
18and the organization licensee.
19    (d) A pari-mutuel ticket shall be honored until December
2031 of the next calendar year, and the licensee shall pay the
21same and may charge the amount thereof against unpaid money
22similarly accumulated on account of pari-mutuel tickets not
23presented for payment.
24    (e) No licensee shall knowingly permit any minor, other
25than an employee of such licensee or an owner, trainer,
26jockey, driver, or employee thereof, to be admitted during a

 

 

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1racing program unless accompanied by a parent or guardian, or
2any minor to be a patron of the pari-mutuel system of wagering
3conducted or supervised by it. The admission of any
4unaccompanied minor, other than an employee of the licensee or
5an owner, trainer, jockey, driver, or employee thereof at a
6race track is a Class C misdemeanor.
7    (f) Notwithstanding the other provisions of this Act, an
8organization licensee may contract with an entity in another
9state or country to permit any legal wagering entity in
10another state or country to accept wagers solely within such
11other state or country on races conducted by the organization
12licensee in this State. Beginning January 1, 2000, these
13wagers shall not be subject to State taxation. Until January
141, 2000, when the out-of-State entity conducts a pari-mutuel
15pool separate from the organization licensee, a privilege tax
16equal to 7 1/2% of all monies received by the organization
17licensee from entities in other states or countries pursuant
18to such contracts is imposed on the organization licensee, and
19such privilege tax shall be remitted to the Department of
20Revenue within 48 hours of receipt of the moneys from the
21simulcast. When the out-of-State entity conducts a combined
22pari-mutuel pool with the organization licensee, the tax shall
23be 10% of all monies received by the organization licensee
24with 25% of the receipts from this 10% tax to be distributed to
25the county in which the race was conducted.
26    An organization licensee may permit one or more of its

 

 

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1races to be utilized for pari-mutuel wagering at one or more
2locations in other states and may transmit audio and visual
3signals of races the organization licensee conducts to one or
4more locations outside the State or country and may also
5permit pari-mutuel pools in other states or countries to be
6combined with its gross or net wagering pools or with wagering
7pools established by other states.
8    (g) A host track may accept interstate simulcast wagers on
9horse races conducted in other states or countries and shall
10control the number of signals and types of breeds of racing in
11its simulcast program, subject to the disapproval of the
12Board. The Board may prohibit a simulcast program only if it
13finds that the simulcast program is clearly adverse to the
14integrity of racing. The host track simulcast program shall
15include the signal of live racing of all organization
16licensees. All non-host licensees and advance deposit wagering
17licensees shall carry the signal of and accept wagers on live
18racing of all organization licensees. Advance deposit wagering
19licensees shall not be permitted to accept out-of-state wagers
20on any Illinois signal provided pursuant to this Section
21without the approval and consent of the organization licensee
22providing the signal. For one year after August 15, 2014 (the
23effective date of Public Act 98-968), non-host licensees may
24carry the host track simulcast program and shall accept wagers
25on all races included as part of the simulcast program of horse
26races conducted at race tracks located within North America

 

 

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1upon which wagering is permitted. For a period of one year
2after August 15, 2014 (the effective date of Public Act
398-968), on horse races conducted at race tracks located
4outside of North America, non-host licensees may accept wagers
5on all races included as part of the simulcast program upon
6which wagering is permitted. Beginning August 15, 2015 (one
7year after the effective date of Public Act 98-968), non-host
8licensees may carry the host track simulcast program and shall
9accept wagers on all races included as part of the simulcast
10program upon which wagering is permitted. All organization
11licensees shall provide their live signal to all advance
12deposit wagering licensees for a simulcast commission fee not
13to exceed 6% of the advance deposit wagering licensee's
14Illinois handle on the organization licensee's signal without
15prior approval by the Board. The Board may adopt rules under
16which it may permit simulcast commission fees in excess of 6%.
17The Board shall adopt rules limiting the interstate commission
18fees charged to an advance deposit wagering licensee. The
19Board shall adopt rules regarding advance deposit wagering on
20interstate simulcast races that shall reflect, among other
21things, the General Assembly's desire to maximize revenues to
22the State, horsemen purses, and organization licensees.
23However, organization licensees providing live signals
24pursuant to the requirements of this subsection (g) may
25petition the Board to withhold their live signals from an
26advance deposit wagering licensee if the organization licensee

 

 

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

 

 

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1    Notwithstanding any other provision of this Act, 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 maintain a
6system whereby advance deposit wagering may take place or an
7organization licensee, with the consent of the horsemen
8association representing the largest number of owners,
9trainers, jockeys, or standardbred drivers who race horses at
10that organization licensee's racing meeting, may contract with
11another person to carry out a system of advance deposit
12wagering. Such consent may not be unreasonably withheld. Only
13with respect to an appeal to the Board that consent for an
14organization licensee that maintains its own advance deposit
15wagering system is being unreasonably withheld, the Board
16shall issue a final order within 30 days after initiation of
17the appeal, and the organization licensee's advance deposit
18wagering system may remain operational during that 30-day
19period. The actions of any organization licensee who conducts
20advance deposit wagering or any person who has a contract with
21an organization licensee to conduct advance deposit wagering
22who conducts advance deposit wagering on or after January 1,
232013 and prior to June 7, 2013 (the effective date of Public
24Act 98-18) taken in reliance on the changes made to this
25subsection (g) by Public Act 98-18 are hereby validated,
26provided payment of all applicable pari-mutuel taxes are

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    except as provided in subsection (g) of Section 27 of this
2    Act, the remainder of moneys retained from simulcast
3    wagering pursuant to this subsection (g), and Section 26.2
4    shall be divided as follows:
5            (A) For interstate simulcast wagers made at a host
6        track, 50% to the host track and 50% to purses at the
7        host track.
8            (B) For wagers placed on interstate simulcast
9        races, supplemental simulcasts as defined in
10        subparagraphs (1) and (2), and separately pooled races
11        conducted outside of the State of Illinois made at a
12        non-host licensee, 25% to the host track, 25% to the
13        non-host licensee, and 50% to the purses at the host
14        track.
15        (6) Notwithstanding any provision in this Act to the
16    contrary, non-host licensees who derive their licenses
17    from a track located in a county with a population in
18    excess of 230,000 and that borders the Mississippi River
19    may receive supplemental interstate simulcast races at all
20    times subject to Board approval, which shall be withheld
21    only upon a finding that a supplemental interstate
22    simulcast is clearly adverse to the integrity of racing.
23        (7) Effective January 1, 2017, notwithstanding any
24    provision of this Act to the contrary, after payment of
25    all applicable State and local taxes and interstate
26    commission fees, non-host licensees who derive their

 

 

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1    licenses from a track located in a county with a
2    population in excess of 230,000 and that borders the
3    Mississippi River shall retain 50% of the retention from
4    interstate simulcast wagers and shall pay 50% to purses at
5    the track from which the non-host licensee derives its
6    license.
7        (7.1) Notwithstanding any other provision of this Act
8    to the contrary, if no standardbred racing is conducted at
9    a racetrack located in Madison County during any calendar
10    year beginning on or after January 1, 2002, all moneys
11    derived by that racetrack from simulcast wagering and
12    inter-track wagering that (1) are to be used for purses
13    and (2) are generated between the hours of 6:30 p.m. and
14    6:30 a.m. during that calendar year shall be paid as
15    follows:
16            (A) If the licensee that conducts horse racing at
17        that racetrack requests from the Board at least as
18        many racing dates as were conducted in calendar year
19        2000, 80% shall be paid to its thoroughbred purse
20        account; and
21            (B) Twenty percent shall be deposited into the
22        Illinois Colt Stakes Purse Distribution Fund and shall
23        be paid to purses for standardbred races for Illinois
24        conceived and foaled horses conducted at any county
25        fairgrounds. The moneys deposited into the Fund
26        pursuant to this subparagraph (B) shall be deposited

 

 

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

 

 

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

 

 

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

 

 

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1    pari-mutuel handle on Illinois horse races that is less
2    than 75% of the total Illinois pari-mutuel handle on
3    Illinois horse races at such wagering facility for
4    calendar year 1994, shall be permitted to receive, from
5    any amount otherwise payable to the purse account at the
6    race track with which the wagering facility is affiliated
7    in the succeeding calendar year, an amount equal to 2% of
8    the differential in total Illinois pari-mutuel handle on
9    Illinois horse races at the wagering facility between that
10    calendar year in question and 1994 provided, however, that
11    a wagering facility shall not be entitled to any such
12    payment until the Board certifies in writing to the
13    wagering facility the amount to which the wagering
14    facility is entitled and a schedule for payment of the
15    amount to the wagering facility, based on: (i) the racing
16    dates awarded to the race track affiliated with the
17    wagering facility during the succeeding year; (ii) the
18    sums available or anticipated to be available in the purse
19    account of the race track affiliated with the wagering
20    facility for purses during the succeeding year; and (iii)
21    the need to ensure reasonable purse levels during the
22    payment period. The Board's certification shall be
23    provided no later than January 31 of the succeeding year.
24    In the event a wagering facility entitled to a payment
25    under this paragraph (13) is affiliated with a race track
26    that maintains purse accounts for both standardbred and

 

 

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

 

 

10200SB3158sam002- 20 -LRB102 23650 AMQ 37455 a

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

 

 

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1    drivers who race horses at that organization licensee's
2    racing meeting; or (C) a finding by the Board of
3    extraordinary circumstances and that it was in the best
4    interest of the public and the sport to conduct fewer than
5    100 days of live racing. Any such person having operating
6    control of the racing facility may receive inter-track
7    wagering location licenses. An eligible race track located
8    in a county that has a population of more than 230,000 and
9    that is bounded by the Mississippi River may establish up
10    to 9 inter-track wagering location licenses, and an
11    eligible race track conducting standardbred racing
12    pursuant to Section 19.5 may have up to 16 inter-track
13    wagering location licenses. In addition to the prior
14    sentence's inter-track wagering location licenses, all
15    other eligible race tracks may have up to 34 intertrack
16    wagering location licenses in total between all eligible
17    inter-track wagering licenses locations, an eligible race
18    track located in Stickney Township in Cook County may
19    establish up to 16 inter-track wagering locations, and an
20    eligible race track located in Palatine Township in Cook
21    County may establish up to 18 inter-track wagering
22    locations. An eligible racetrack conducting standardbred
23    racing may have up to 16 inter-track wagering locations.
24    An application for said license shall be filed with the
25    Board prior to such dates as may be fixed by the Board.
26    With an application for an inter-track wagering location

 

 

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1    license there shall be delivered to the Board a certified
2    check or bank draft payable to the order of the Board for
3    an amount equal to $500. The application shall be on forms
4    prescribed and furnished by the Board. The application
5    shall comply with all other rules, regulations and
6    conditions imposed by the Board in connection therewith.
7        (2) The Board shall examine the applications with
8    respect to their conformity with this Act and the rules
9    and regulations imposed by the Board. If found to be in
10    compliance with the Act and rules and regulations of the
11    Board, the Board may then issue a license to conduct
12    inter-track wagering and simulcast wagering to such
13    applicant. All such applications shall be acted upon by
14    the Board at a meeting to be held on such date as may be
15    fixed by the Board.
16        (3) In granting licenses to conduct inter-track
17    wagering and simulcast wagering, the Board shall give due
18    consideration to the best interests of the public, of
19    horse racing, and of maximizing revenue to the State.
20        (4) Prior to the issuance of a license to conduct
21    inter-track wagering and simulcast wagering, the applicant
22    shall file with the Board a bond payable to the State of
23    Illinois in the sum of $50,000, executed by the applicant
24    and a surety company or companies authorized to do
25    business in this State, and conditioned upon (i) the
26    payment by the licensee of all taxes due under Section 27

 

 

10200SB3158sam002- 23 -LRB102 23650 AMQ 37455 a

1    or 27.1 and any other monies due and payable under this
2    Act, and (ii) distribution by the licensee, upon
3    presentation of the winning ticket or tickets, of all sums
4    payable to the patrons of pari-mutuel pools.
5        (5) Each license to conduct inter-track wagering and
6    simulcast wagering shall specify the person to whom it is
7    issued, the dates on which such wagering is permitted, and
8    the track or location where the wagering is to be
9    conducted.
10        (6) All wagering under such license is subject to this
11    Act and to the rules and regulations from time to time
12    prescribed by the Board, and every such license issued by
13    the Board shall contain a recital to that effect.
14        (7) An inter-track wagering licensee or inter-track
15    wagering location licensee may accept wagers at the track
16    or location where it is licensed, or as otherwise provided
17    under this Act.
18        (8) Inter-track wagering or simulcast wagering shall
19    not be conducted at any track less than 4 miles from a
20    track at which a racing meeting is in progress.
21        (8.1) Inter-track wagering location licensees who
22    derive their licenses from a particular organization
23    licensee shall conduct inter-track wagering and simulcast
24    wagering only at locations that are within 160 miles of
25    that race track where the particular organization licensee
26    is licensed to conduct racing. However, inter-track

 

 

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

 

 

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

 

 

10200SB3158sam002- 26 -LRB102 23650 AMQ 37455 a

1    to the payment of the privilege taxes and the purses, an
2    amount not to exceed 17% of all money wagered. Each
3    program of racing conducted by each inter-track wagering
4    licensee or inter-track wagering location licensee shall
5    be considered a separate racing day for the purpose of
6    determining the daily handle and computing the privilege
7    tax or pari-mutuel tax on such daily handle as provided in
8    Section 27.
9        (10.1) Except as provided in subsection (g) of Section
10    27 of this Act, inter-track wagering location licensees
11    shall pay 1% of the pari-mutuel handle at each location to
12    the municipality in which such location is situated and 1%
13    of the pari-mutuel handle at each location to the county
14    in which such location is situated. In the event that an
15    inter-track wagering location licensee is situated in an
16    unincorporated area of a county, such licensee shall pay
17    2% of the pari-mutuel handle from such location to such
18    county. Inter-track wagering location licensees must pay
19    the handle percentage required under this paragraph to the
20    municipality and county no later than the 20th of the
21    month following the month such handle was generated.
22        (10.2) Notwithstanding any other provision of this
23    Act, with respect to inter-track wagering at a race track
24    located in a county that has a population of more than
25    230,000 and that is bounded by the Mississippi River ("the
26    first race track"), or at a facility operated by an

 

 

10200SB3158sam002- 27 -LRB102 23650 AMQ 37455 a

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

 

 

10200SB3158sam002- 28 -LRB102 23650 AMQ 37455 a

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

 

 

10200SB3158sam002- 29 -LRB102 23650 AMQ 37455 a

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

 

 

10200SB3158sam002- 30 -LRB102 23650 AMQ 37455 a

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

 

 

10200SB3158sam002- 31 -LRB102 23650 AMQ 37455 a

1    any remaining retention with the organization licensee
2    that provides the race or races and an inter-track
3    wagering location licensee that accepts wagers on races
4    conducted by an organization licensee that conducts a race
5    meet in a county with a population in excess of 230,000 and
6    that borders the Mississippi River shall not divide any
7    remaining retention with the organization licensee.
8    Notwithstanding the provisions of clauses (ii) and (iv) of
9    this paragraph, in the case of the additional inter-track
10    wagering location licenses authorized under paragraph (1)
11    of this subsection (h) by Public Act 87-110, those
12    licensees shall pay the following amounts as purses:
13    during the first 12 months the licensee is in operation,
14    5.25% of the pari-mutuel handle wagered at the location on
15    races; during the second 12 months, 5.25%; during the
16    third 12 months, 5.75%; during the fourth 12 months,
17    6.25%; and during the fifth 12 months and thereafter,
18    6.75%. The following amounts shall be retained by the
19    licensee to satisfy all costs and expenses of conducting
20    its wagering: during the first 12 months the licensee is
21    in operation, 8.25% of the pari-mutuel handle wagered at
22    the location; during the second 12 months, 8.25%; during
23    the third 12 months, 7.75%; during the fourth 12 months,
24    7.25%; and during the fifth 12 months and thereafter,
25    6.75%. For additional inter-track wagering location
26    licensees authorized under Public Act 89-16, purses for

 

 

10200SB3158sam002- 32 -LRB102 23650 AMQ 37455 a

1    the first 12 months the licensee is in operation shall be
2    5.75% of the pari-mutuel wagered at the location, purses
3    for the second 12 months the licensee is in operation
4    shall be 6.25%, and purses thereafter shall be 6.75%. For
5    additional inter-track location licensees authorized under
6    Public Act 89-16, the licensee shall be allowed to retain
7    to satisfy all costs and expenses: 7.75% of the
8    pari-mutuel handle wagered at the location during its
9    first 12 months of operation, 7.25% during its second 12
10    months of operation, and 6.75% thereafter.
11        (C) There is hereby created the Horse Racing Tax
12    Allocation Fund which shall remain in existence until
13    December 31, 1999. Moneys remaining in the Fund after
14    December 31, 1999 shall be paid into the General Revenue
15    Fund. Until January 1, 2000, all monies paid into the
16    Horse Racing Tax Allocation Fund pursuant to this
17    paragraph (11) by inter-track wagering location licensees
18    located in park districts of 500,000 population or less,
19    or in a municipality that is not included within any park
20    district but is included within a conservation district
21    and is the county seat of a county that (i) is contiguous
22    to the state of Indiana and (ii) has a 1990 population of
23    88,257 according to the United States Bureau of the
24    Census, and operating on May 1, 1994 shall be allocated by
25    appropriation as follows:
26            Two-sevenths to the Department of Agriculture.

 

 

10200SB3158sam002- 33 -LRB102 23650 AMQ 37455 a

1        Fifty percent of this two-sevenths shall be used to
2        promote the Illinois horse racing and breeding
3        industry, and shall be distributed by the Department
4        of Agriculture upon the advice of a 9-member committee
5        appointed by the Governor consisting of the following
6        members: the Director of Agriculture, who shall serve
7        as chairman; 2 representatives of organization
8        licensees conducting thoroughbred race meetings in
9        this State, recommended by those licensees; 2
10        representatives of organization licensees conducting
11        standardbred race meetings in this State, recommended
12        by those licensees; a representative of the Illinois
13        Thoroughbred Breeders and Owners Foundation,
14        recommended by that Foundation; a representative of
15        the Illinois Standardbred Owners and Breeders
16        Association, recommended by that Association; a
17        representative of the Horsemen's Benevolent and
18        Protective Association or any successor organization
19        thereto established in Illinois comprised of the
20        largest number of owners and trainers, recommended by
21        that Association or that successor organization; and a
22        representative of the Illinois Harness Horsemen's
23        Association, recommended by that Association.
24        Committee members shall serve for terms of 2 years,
25        commencing January 1 of each even-numbered year. If a
26        representative of any of the above-named entities has

 

 

10200SB3158sam002- 34 -LRB102 23650 AMQ 37455 a

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

 

 

10200SB3158sam002- 35 -LRB102 23650 AMQ 37455 a

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

 

 

10200SB3158sam002- 36 -LRB102 23650 AMQ 37455 a

1        wagering location is located, to be used for general
2        purposes; and
3            One-seventh to the Agricultural Premium Fund to be
4        used for distribution to agricultural home economics
5        extension councils in accordance with "An Act in
6        relation to additional support and finances for the
7        Agricultural and Home Economic Extension Councils in
8        the several counties of this State and making an
9        appropriation therefor", approved July 24, 1967.
10        Until January 1, 2000, all other monies paid into the
11    Horse Racing Tax Allocation Fund pursuant to this
12    paragraph (11) shall be allocated by appropriation as
13    follows:
14            Two-sevenths to the Department of Agriculture.
15        Fifty percent of this two-sevenths shall be used to
16        promote the Illinois horse racing and breeding
17        industry, and shall be distributed by the Department
18        of Agriculture upon the advice of a 9-member committee
19        appointed by the Governor consisting of the following
20        members: the Director of Agriculture, who shall serve
21        as chairman; 2 representatives of organization
22        licensees conducting thoroughbred race meetings in
23        this State, recommended by those licensees; 2
24        representatives of organization licensees conducting
25        standardbred race meetings in this State, recommended
26        by those licensees; a representative of the Illinois

 

 

10200SB3158sam002- 37 -LRB102 23650 AMQ 37455 a

1        Thoroughbred Breeders and Owners Foundation,
2        recommended by that Foundation; a representative of
3        the Illinois Standardbred Owners and Breeders
4        Association, recommended by that Association; a
5        representative of the Horsemen's Benevolent and
6        Protective Association or any successor organization
7        thereto established in Illinois comprised of the
8        largest number of owners and trainers, recommended by
9        that Association or that successor organization; and a
10        representative of the Illinois Harness Horsemen's
11        Association, recommended by that Association.
12        Committee members shall serve for terms of 2 years,
13        commencing January 1 of each even-numbered year. If a
14        representative of any of the above-named entities has
15        not been recommended by January 1 of any even-numbered
16        year, the Governor shall appoint a committee member to
17        fill that position. Committee members shall receive no
18        compensation for their services as members but shall
19        be reimbursed for all actual and necessary expenses
20        and disbursements incurred in the performance of their
21        official duties. The remaining 50% of this
22        two-sevenths shall be distributed to county fairs for
23        premiums and rehabilitation as set forth in the
24        Agricultural Fair Act;
25            Four-sevenths to museums and aquariums located in
26        park districts of over 500,000 population; provided

 

 

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

 

 

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

 

 

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

 

 

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1            (E) The Board is vested with the power to appoint
2        delegates to execute any of the powers granted to it
3        under this Section for the purpose of administering
4        this wagering and any rules and regulations
5        promulgated in accordance with this Act.
6            (F) The Board shall name and appoint a State
7        director of this wagering who shall be a
8        representative of the Board and whose duty it shall be
9        to supervise the conduct of inter-track wagering as
10        may be provided for by the rules and regulations of the
11        Board; such rules and regulation shall specify the
12        method of appointment and the Director's powers,
13        authority and duties.
14            (G) The Board is vested with the power to impose
15        civil penalties of up to $5,000 against individuals
16        and up to $10,000 against licensees for each violation
17        of any provision of this Act relating to the conduct of
18        this wagering, any rules adopted by the Board, any
19        order of the Board or any other action which in the
20        Board's discretion, is a detriment or impediment to
21        such wagering.
22        (13) The Department of Agriculture may enter into
23    agreements with licensees authorizing such licensees to
24    conduct inter-track wagering on races to be held at the
25    licensed race meetings conducted by the Department of
26    Agriculture. Such agreement shall specify the races of the

 

 

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1    Department of Agriculture's licensed race meeting upon
2    which the licensees will conduct wagering. In the event
3    that a licensee conducts inter-track pari-mutuel wagering
4    on races from the Illinois State Fair or DuQuoin State
5    Fair which are in addition to the licensee's previously
6    approved racing program, those races shall be considered a
7    separate racing day for the purpose of determining the
8    daily handle and computing the privilege or pari-mutuel
9    tax on that daily handle as provided in Sections 27 and
10    27.1. Such agreements shall be approved by the Board
11    before such wagering may be conducted. In determining
12    whether to grant approval, the Board shall give due
13    consideration to the best interests of the public and of
14    horse racing. The provisions of paragraphs (1), (8),
15    (8.1), and (8.2) of subsection (h) of this Section which
16    are not specified in this paragraph (13) shall not apply
17    to licensed race meetings conducted by the Department of
18    Agriculture at the Illinois State Fair in Sangamon County
19    or the DuQuoin State Fair in Perry County, or to any
20    wagering conducted on those race meetings.
21        (14) An inter-track wagering location license
22    authorized by the Board in 2016 that is owned and operated
23    by a race track in Rock Island County shall be transferred
24    to a commonly owned race track in Cook County on August 12,
25    2016 (the effective date of Public Act 99-757). The
26    licensee shall retain its status in relation to purse

 

 

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1    distribution under paragraph (11) of this subsection (h)
2    following the transfer to the new entity. The pari-mutuel
3    tax credit under Section 32.1 shall not be applied toward
4    any pari-mutuel tax obligation of the inter-track wagering
5    location licensee of the license that is transferred under
6    this paragraph (14).
7        (15) No inter-track wagering location licensee,
8    inter-track wagering licensee, or organization licensee
9    may give anything of value, including, but not limited to,
10    a loan or financing arrangement, to a licensed
11    establishment, as defined by the Video Gaming Act, as an
12    incentive or inducement to locate video gaming terminals,
13    as defined in the Video Gaming Act, in that establishment.
14    (i) Notwithstanding the other provisions of this Act, the
15conduct of wagering at wagering facilities is authorized on
16all days, except as limited by subsection (b) of Section 19 of
17this Act.
18(Source: P.A. 101-31, eff. 6-28-19; 101-52, eff. 7-12-19;
19101-81, eff. 7-12-19; 101-109, eff. 7-19-19; 102-558, eff.
208-20-21; revised 12-2-21.)".