State of Illinois
92nd General Assembly
Legislation

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92_SB2172

 
                                               LRB9214024LDtm

 1        AN ACT in relation to gambling.

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

 4        Section 5.  The Illinois Horse  Racing  Act  of  1975  is
 5    amended by changing Section 26 as follows:

 6        (230 ILCS 5/26) (from Ch. 8, par. 37-26)
 7        Sec. 26. Wagering.
 8        (a)  A   Any  licensee  may  conduct  and  supervise  the
 9    pari-mutuel system of wagering, as defined in Section 3.12 of
10    this  Act,  on  horse  races   conducted   by   an   Illinois
11    organization  licensee or conducted at a racetrack located in
12    another  state  or  country  and  televised  in  Illinois  in
13    accordance with subsection (g) of Section  26  of  this  Act.
14    Subject  to  the  prior  consent  of the Board, licensees may
15    supplement any pari-mutuel  pool  in  order  to  guarantee  a
16    minimum  distribution.   Such  pari-mutuel method of wagering
17    shall not, under any circumstances  if  conducted  under  the
18    provisions  of this Act, be held or construed to be unlawful,
19    other statutes of this State to the contrary notwithstanding.
20    Subject to rules for  advance  wagering  promulgated  by  the
21    Board,  any  licensee may accept wagers in advance of the day
22    of the race wagered upon occurs.
23        (b)  No other method of betting, pool making, wagering or
24    gambling shall be used or permitted by  the  licensee.   Each
25    licensee may retain, subject to the payment of all applicable
26    taxes  and  purses,  an amount not to exceed 17% of all money
27    wagered under subsection (a) of this Section, except  as  may
28    otherwise be permitted under this Act.
29        (b-5)  An   individual   may  place  a  wager  under  the
30    pari-mutuel system  from  any  licensed  location  authorized
31    under this Act provided that wager is electronically recorded
 
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 1    in  the  manner  described  in  Section 3.12 of this Act. Any
 2    wager made electronically by an individual  while  physically
 3    on  the  premises  of a licensee shall be deemed to have been
 4    made at the premises of that licensee.
 5        (c)  Until January 1, 2000, the sum held by any  licensee
 6    for  payment of outstanding pari-mutuel tickets, if unclaimed
 7    prior to December 31 of the next year, shall be  retained  by
 8    the  licensee  for  payment  of such tickets until that date.
 9    Within 10 days thereafter, the balance of such sum  remaining
10    unclaimed,  less any uncashed supplements contributed by such
11    licensee   for   the   purpose   of   guaranteeing    minimum
12    distributions  of  any pari-mutuel pool, shall be paid to the
13    Illinois Veterans' Rehabilitation Fund of the State treasury,
14    except as provided in subsection (g) of Section  27  of  this
15    Act.
16        (c-5)  Beginning  January  1,  2000,  the sum held by any
17    licensee for payment of outstanding pari-mutuel  tickets,  if
18    unclaimed  prior  to  December  31 of the next year, shall be
19    retained by the licensee for payment of  such  tickets  until
20    that  date.   Within  10 days thereafter, the balance of such
21    sum  remaining  unclaimed,  less  any  uncashed   supplements
22    contributed  by such licensee for the purpose of guaranteeing
23    minimum distributions  of  any  pari-mutuel  pool,  shall  be
24    evenly  distributed  to the purse account of the organization
25    licensee and the organization licensee.
26        (d)  A pari-mutuel ticket shall be honored until December
27    31 of the next calendar year, and the licensee shall pay  the
28    same  and  may charge the amount thereof against unpaid money
29    similarly accumulated on account of pari-mutuel  tickets  not
30    presented for payment.
31        (e)  No  licensee shall knowingly permit any minor, other
32    than an employee of  such  licensee  or  an  owner,  trainer,
33    jockey,  driver, or employee thereof, to be admitted during a
34    racing program unless accompanied by a parent or guardian, or
 
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 1    any minor to  be  a  patron  of  the  pari-mutuel  system  of
 2    wagering conducted or supervised by it.  The admission of any
 3    unaccompanied  minor,  other than an employee of the licensee
 4    or an owner, trainer, jockey, driver, or employee thereof  at
 5    a race track is a Class C misdemeanor.
 6        (f)  Notwithstanding the other provisions of this Act, an
 7    organization  licensee may contract with an entity in another
 8    state or country to  permit  any  legal  wagering  entity  in
 9    another  state or country to accept wagers solely within such
10    other state or country on races conducted by the organization
11    licensee in this State.  Beginning  January  1,  2000,  these
12    wagers shall not be subject to State taxation.  Until January
13    1,  2000, when the out-of-State entity conducts a pari-mutuel
14    pool separate from the organization licensee, a privilege tax
15    equal to 7 1/2% of all monies received  by  the  organization
16    licensee  from entities in other states or countries pursuant
17    to such contracts is imposed on  the  organization  licensee,
18    and such privilege tax shall be remitted to the Department of
19    Revenue  within  48  hours  of receipt of the moneys from the
20    simulcast.  When the out-of-State entity conducts a  combined
21    pari-mutuel  pool  with  the  organization  licensee, the tax
22    shall be 10% of  all  monies  received  by  the  organization
23    licensee  with  25%  of  the receipts from this 10% tax to be
24    distributed to the county in which the race was conducted.
25        An organization licensee may permit one or  more  of  its
26    races  to be utilized for pari-mutuel wagering at one or more
27    locations in other states and may transmit audio  and  visual
28    signals of races the organization licensee conducts to one or
29    more  locations  outside  the  State  or country and may also
30    permit pari-mutuel pools in other states or countries  to  be
31    combined  with  its  gross  or  net  wagering  pools  or with
32    wagering pools established by other states.
33        (g)  A host track may accept interstate simulcast  wagers
34    on  horse  races  conducted  in other states or countries and
 
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 1    shall control the number of signals and types  of  breeds  of
 2    racing  in  its simulcast program, subject to the disapproval
 3    of the Board.  The Board may  prohibit  a  simulcast  program
 4    only  if  it  finds  that  the  simulcast  program is clearly
 5    adverse to the integrity of racing.  The host track simulcast
 6    program shall include  the  signal  of  live  racing  of  all
 7    organization  licensees.  All  non-host licensees shall carry
 8    the host track simulcast program and  accept  wagers  on  all
 9    races  included  as  part of the simulcast program upon which
10    wagering is permitted. The costs and  expenses  of  the  host
11    track  and  non-host  licensees  associated  with  interstate
12    simulcast wagering, other than the interstate commission fee,
13    shall  be  borne by the host track and all non-host licensees
14    incurring these costs. The interstate  commission  fee  shall
15    not  exceed 5% of Illinois handle on the interstate simulcast
16    race or races without prior approval of the Board.  The Board
17    shall promulgate rules under which it may  permit  interstate
18    commission  fees  in excess of 5%.  The interstate commission
19    fee  and  other  fees  charged  by  the  sending   racetrack,
20    including,  but not limited to, satellite decoder fees, shall
21    be uniformly applied to  the  host  track  and  all  non-host
22    licensees.
23             (1)  Between the hours of 6:30 a.m. and 6:30 p.m. an
24        intertrack  wagering  licensee  other than the host track
25        may supplement the  host  track  simulcast  program  with
26        additional  simulcast  races  or  race programs, provided
27        that between January 1 and the third Friday  in  February
28        of any year, inclusive, if no live thoroughbred racing is
29        occurring   in   Illinois   during   this   period,  only
30        thoroughbred  races  may   be   used   for   supplemental
31        interstate  simulcast purposes.  The Board shall withhold
32        approval for a supplemental interstate simulcast only  if
33        it  finds  that  the  simulcast is clearly adverse to the
34        integrity of racing.  A supplemental interstate simulcast
 
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 1        may be transmitted from an intertrack  wagering  licensee
 2        to  its  affiliated  non-host  licensees.  The interstate
 3        commission fee for a  supplemental  interstate  simulcast
 4        shall be paid by the non-host licensee and its affiliated
 5        non-host licensees receiving the simulcast.
 6             (2)  Between the hours of 6:30 p.m. and 6:30 a.m. an
 7        intertrack  wagering  licensee  other than the host track
 8        may receive supplemental interstate simulcasts only  with
 9        the  consent  of  the  host track, except when  the Board
10        finds that  the  simulcast  is  clearly  adverse  to  the
11        integrity   of   racing.    Consent  granted  under  this
12        paragraph (2) to any intertrack wagering  licensee  shall
13        be   deemed  consent  to  all  non-host  licensees.   The
14        interstate commission fee for the supplemental interstate
15        simulcast shall be paid  by  all  participating  non-host
16        licensees.
17             (3)  Each  licensee  conducting interstate simulcast
18        wagering may  retain,  subject  to  the  payment  of  all
19        applicable  taxes and the purses, an amount not to exceed
20        17% of all money wagered.  If any licensee conducts   the
21        pari-mutuel   system   wagering  on  races  conducted  at
22        racetracks in another state or country, each such race or
23        race program shall be considered a  separate  racing  day
24        for  the  purpose  of  determining  the  daily handle and
25        computing the privilege  tax  of  that  daily  handle  as
26        provided  in  subsection (a) of Section 27. Until January
27        1, 2000, from the sums permitted to be retained  pursuant
28        to  this  subsection,  each  intertrack wagering location
29        licensee shall pay 1% of the pari-mutuel  handle  wagered
30        on  simulcast wagering to the Horse Racing Tax Allocation
31        Fund, subject to the provisions of  subparagraph  (B)  of
32        paragraph  (11)  of  subsection (h) of Section 26 of this
33        Act.
34             (4)  A licensee who receives an interstate simulcast
 
                            -6-                LRB9214024LDtm
 1        may combine its gross or net  pools  with  pools  at  the
 2        sending  racetracks  pursuant to rules established by the
 3        Board.  All licensees combining their gross  pools  at  a
 4        sending racetrack shall adopt the take-out percentages of
 5        the  sending  racetrack.  A licensee may also establish a
 6        separate pool and takeout structure for wagering purposes
 7        on races conducted at race tracks outside of the State of
 8        Illinois.  The licensee  may  permit  pari-mutuel  wagers
 9        placed  in  other states or countries to be combined with
10        its gross or net wagering pools or other wagering pools.
11             (5)  After the payment of the interstate  commission
12        fee  (except  for  the  interstate  commission  fee  on a
13        supplemental interstate simulcast, which shall be paid by
14        the host track and by each non-host licensee through  the
15        host-track)  and  all  applicable  State and local taxes,
16        except as provided in subsection (g)  of  Section  27  of
17        this Act, the remainder of moneys retained from simulcast
18        wagering  pursuant  to  this  subsection (g), and Section
19        26.2 shall be divided as follows:
20                  (A)  For interstate simulcast wagers made at  a
21             host  track, 50% to the host track and 50% to purses
22             at the host track.
23                  (B)  For wagers placed on interstate  simulcast
24             races,   supplemental   simulcasts   as  defined  in
25             subparagraphs (1) and  (2),  and  separately  pooled
26             races  conducted  outside  of  the State of Illinois
27             made at a non-host licensee, 25% to the host  track,
28             25%  to the non-host licensee, and 50% to the purses
29             at the host track.
30             (6)  Notwithstanding any provision in  this  Act  to
31        the   contrary,   non-host  licensees  who  derive  their
32        licenses  from  a  track  located  in  a  county  with  a
33        population in excess of  230,000  and  that  borders  the
34        Mississippi  River  may  receive  supplemental interstate
 
                            -7-                LRB9214024LDtm
 1        simulcast races at all times subject to  Board  approval,
 2        which  shall  be  withheld  only  upon  a  finding that a
 3        supplemental interstate simulcast is clearly  adverse  to
 4        the integrity of racing.
 5             (7)  Notwithstanding  any  provision  of this Act to
 6        the contrary, after payment of all applicable  State  and
 7        local  taxes  and  interstate  commission  fees, non-host
 8        licensees who derive their licenses from a track  located
 9        in  a  county  with a population in excess of 230,000 and
10        that borders the Mississippi River shall  retain  50%  of
11        the  retention from interstate simulcast wagers and shall
12        pay 50% to purses at the track from  which  the  non-host
13        licensee derives its license as follows:
14                  (A)  Between  January 1 and the third Friday in
15             February, inclusive, if no live thoroughbred  racing
16             is  occurring  in  Illinois during this period, when
17             the interstate simulcast is a standardbred race, the
18             purse share to its standardbred purse account;
19                  (B)  Between January 1 and the third Friday  in
20             February,  inclusive, if no live thoroughbred racing
21             is occurring in Illinois during this period, and the
22             interstate simulcast is  a  thoroughbred  race,  the
23             purse  share  to its interstate simulcast purse pool
24             to be  distributed  under  paragraph  (10)  of  this
25             subsection (g);
26                  (C)  Between  January 1 and the third Friday in
27             February, inclusive, if live thoroughbred racing  is
28             occurring  in  Illinois,  between 6:30 a.m. and 6:30
29             p.m. the purse share from wagers  made  during  this
30             time  period  to  its thoroughbred purse account and
31             between 6:30 p.m. and 6:30 a.m. the purse share from
32             wagers  made  during  this  time   period   to   its
33             standardbred purse accounts;
34                  (D)  Between the third Saturday in February and
 
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 1             December  31,  when  the interstate simulcast occurs
 2             between the hours of 6:30 a.m. and  6:30  p.m.,  the
 3             purse share to its thoroughbred purse account;
 4                  (E)  Between the third Saturday in February and
 5             December  31,  when  the interstate simulcast occurs
 6             between the hours of 6:30 p.m. and  6:30  a.m.,  the
 7             purse share to its standardbred purse account.
 8             (7.1)  Notwithstanding  any  other provision of this
 9        Act  to  the  contrary,  if  no  standardbred  racing  is
10        conducted at a racetrack located in Madison County during
11        any calendar year beginning on or after January 1,  2002,
12        all  moneys  derived  by  that  racetrack  from simulcast
13        wagering and inter-track wagering that (1) are to be used
14        for purses and (2) are generated  between  the  hours  of
15        6:30  p.m.  and 6:30 a.m. during that calendar year shall
16        be paid as follows:
17                  (A)  If the licensee that conducts horse racing
18             at that racetrack requests from the Board  at  least
19             as  many  racing dates as were conducted in calendar
20             year 2000, 80% shall be  paid  to  its  thoroughbred
21             purse account; and
22                  (B)  Twenty percent shall be deposited into the
23             Illinois  Colt  Stakes  Purse  Distribution Fund and
24             shall be paid to purses for standardbred  races  for
25             Illinois  conceived  and  foaled horses conducted at
26             any county fairgrounds. The  moneys  deposited  into
27             the  Fund pursuant to this subparagraph (B) shall be
28             deposited within 2 weeks after  the  day  they  were
29             generated,  shall  be in addition to and not in lieu
30             of any other  moneys  paid  to  standardbred  purses
31             under  this  Act,  and  shall not be commingled with
32             other  moneys  paid  into  that  Fund.   The  moneys
33             deposited pursuant to this subparagraph (B) shall be
34             allocated  as  provided   by   the   Department   of
 
                            -9-                LRB9214024LDtm
 1             Agriculture,  with  the advice and assistance of the
 2             Illinois Standardbred Breeders Fund Advisory Board.
 3             (7.2)  Notwithstanding any other provision  of  this
 4        Act  to  the  contrary,  if  no  thoroughbred  racing  is
 5        conducted at a racetrack located in Madison County during
 6        any  calendar year beginning on or after January 1, 2002,
 7        all moneys  derived  by  that  racetrack  from  simulcast
 8        wagering and inter-track wagering that (1) are to be used
 9        for  purses  and  (2)  are generated between the hours of
10        6:30 a.m. and 6:30 p.m. during that calendar  year  shall
11        be deposited as follows:
12                  (A)  If the licensee that conducts horse racing
13             at  that  racetrack requests from the Board at least
14             as many racing dates as were conducted  in  calendar
15             year   2000,   80%   shall  be  deposited  into  its
16             standardbred purse account; and
17                  (B)  Twenty percent shall be deposited into the
18             Illinois  Colt  Stakes  Purse   Distribution   Fund.
19             Moneys deposited into the Illinois Colt Stakes Purse
20             Distribution  Fund pursuant to this subparagraph (B)
21             shall be  paid  to  Illinois  conceived  and  foaled
22             thoroughbred  breeders' programs and to thoroughbred
23             purses for races conducted at any county fairgrounds
24             for Illinois conceived  and  foaled  horses  at  the
25             discretion  of  the  Department of Agriculture, with
26             the  advice   and   assistance   of   the   Illinois
27             Thoroughbred  Breeders  Fund  Advisory  Board.   The
28             moneys deposited into the Illinois Colt Stakes Purse
29             Distribution  Fund pursuant to this subparagraph (B)
30             shall be deposited within 2 weeks after the day they
31             were generated, shall be in addition to and  not  in
32             lieu of any other moneys paid to thoroughbred purses
33             under  this  Act,  and  shall not be commingled with
34             other moneys deposited into that Fund.
 
                            -10-               LRB9214024LDtm
 1             (7.3)  If no live standardbred racing  is  conducted
 2        at a racetrack located in Madison County in calendar year
 3        2000 or 2001, an organization licensee who is licensed to
 4        conduct  horse  racing  at  that  racetrack shall, before
 5        January 1, 2002, pay all moneys  derived  from  simulcast
 6        wagering  and inter-track wagering in calendar years 2000
 7        and 2001 and paid into the licensee's standardbred  purse
 8        account as follows:
 9                  (A)  Eighty    percent   to   that   licensee's
10             thoroughbred  purse   account   to   be   used   for
11             thoroughbred purses; and
12                  (B)  Twenty percent to the Illinois Colt Stakes
13             Purse Distribution Fund.
14             Failure  to  make  the  payment to the Illinois Colt
15        Stakes Purse Distribution Fund  before  January  1,  2002
16        shall   result   in   the  immediate  revocation  of  the
17        licensee's  organization  license,  inter-track  wagering
18        license, and inter-track wagering location license.
19             Moneys paid into  the  Illinois  Colt  Stakes  Purse
20        Distribution  Fund pursuant to this paragraph (7.3) shall
21        be paid to purses for  standardbred  races  for  Illinois
22        conceived  and  foaled  horses  conducted  at  any county
23        fairgrounds. Moneys paid into the  Illinois  Colt  Stakes
24        Purse  Distribution Fund pursuant to this paragraph (7.3)
25        shall  be  used  as  determined  by  the  Department   of
26        Agriculture,  with  the  advice  and  assistance  of  the
27        Illinois Standardbred Breeders Fund Advisory Board, shall
28        be  in  addition  to  and not in lieu of any other moneys
29        paid to standardbred purses under this Act, and shall not
30        be commingled with any other moneys paid into that Fund.
31             (7.4)  If live standardbred racing is conducted at a
32        racetrack located  in  Madison  County  at  any  time  in
33        calendar  year  2001  before  the  payment required under
34        paragraph (7.3) has been made, the organization  licensee
 
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 1        who is licensed to conduct racing at that racetrack shall
 2        pay  all  moneys derived by that racetrack from simulcast
 3        wagering and inter-track wagering during  calendar  years
 4        2000  and 2001 that (1) are to be used for purses and (2)
 5        are generated between the hours of  6:30  p.m.  and  6:30
 6        a.m.  during  2000  or  2001  to  the  standardbred purse
 7        account at that racetrack to  be  used  for  standardbred
 8        purses.
 9             (8)  Notwithstanding  any  provision  in this Act to
10        the contrary,  an  organization  licensee  from  a  track
11        located  in  a  county  with  a  population  in excess of
12        230,000 and that borders the Mississippi  River  and  its
13        affiliated  non-host  licensees  shall not be entitled to
14        share in any retention generated on  racing,  inter-track
15        wagering,  or  simulcast  wagering  at any other Illinois
16        wagering facility.
17             (8.1)  Notwithstanding any provisions in this Act to
18        the contrary, if 2 organization licensees are  conducting
19        standardbred race meetings concurrently between the hours
20        of  6:30  p.m.  and  6:30  a.m.,  after  payment  of  all
21        applicable   State   and   local   taxes  and  interstate
22        commission fees, the remainder  of  the  amount  retained
23        from  simulcast  wagering  otherwise  attributable to the
24        host track and to host track purses shall be split  daily
25        between  the  2  organization licensees and the purses at
26        the tracks of the 2 organization licensees, respectively,
27        based on each organization licensee's share of the  total
28        live  handle  for  that day, provided that this provision
29        shall not apply to any non-host licensee that derives its
30        license  from  a  track  located  in  a  county  with   a
31        population  in  excess  of  230,000  and that borders the
32        Mississippi River.
33             (9)  (Blank).
34             (10)  (Blank).
 
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 1             (11)  (Blank).
 2             (12)  The Board shall have authority to  compel  all
 3        host  tracks to receive the simulcast of any or all races
 4        conducted at the Springfield or DuQuoin State fairgrounds
 5        and include all such races as  part  of  their  simulcast
 6        programs.
 7             (13)  Notwithstanding  any  other  provision of this
 8        Act, in the event that  the  total  Illinois  pari-mutuel
 9        handle on Illinois horse races at all wagering facilities
10        in  any  calendar  year  is  less  than  75% of the total
11        Illinois pari-mutuel handle on Illinois  horse  races  at
12        all such wagering facilities for calendar year 1994, then
13        each  wagering facility that has an annual total Illinois
14        pari-mutuel handle on Illinois horse races that  is  less
15        than  75%  of  the  total  Illinois pari-mutuel handle on
16        Illinois  horse  races  at  such  wagering  facility  for
17        calendar year 1994, shall be permitted to  receive,  from
18        any  amount otherwise payable to the purse account at the
19        race track with which the wagering facility is affiliated
20        in the succeeding calendar year, an amount equal to 2% of
21        the differential in total Illinois pari-mutuel handle  on
22        Illinois  horse  races  at  the wagering facility between
23        that  calendar  year  in  question  and  1994   provided,
24        however,  that  a wagering facility shall not be entitled
25        to any such payment until the Board certifies in  writing
26        to the wagering facility the amount to which the wagering
27        facility  is  entitled  and a schedule for payment of the
28        amount to the wagering facility, based on: (i) the racing
29        dates awarded to  the  race  track  affiliated  with  the
30        wagering  facility  during  the succeeding year; (ii) the
31        sums available or anticipated  to  be  available  in  the
32        purse  account  of  the  race  track  affiliated with the
33        wagering facility for purses during the succeeding  year;
34        and  (iii)  the  need  to  ensure reasonable purse levels
 
                            -13-               LRB9214024LDtm
 1        during the  payment  period.  The  Board's  certification
 2        shall  be  provided  no  later  than  January  31  of the
 3        succeeding  year.  In  the  event  a  wagering   facility
 4        entitled  to  a  payment  under  this  paragraph  (13) is
 5        affiliated  with  a  race  track  that  maintains   purse
 6        accounts  for  both standardbred and thoroughbred racing,
 7        the amount to be paid to the wagering facility  shall  be
 8        divided between each purse account pro rata, based on the
 9        amount  of  Illinois  handle on Illinois standardbred and
10        thoroughbred racing respectively at the wagering facility
11        during the previous calendar year. Annually, the  General
12        Assembly  shall  appropriate  sufficient  funds  from the
13        General Revenue Fund to the Department of Agriculture for
14        payment into  the  thoroughbred  and  standardbred  horse
15        racing  purse  accounts  at  Illinois pari-mutuel tracks.
16        The amount paid to each purse account shall be the amount
17        certified by the Illinois Racing Board in  January to  be
18        transferred  from  each  account  to each eligible racing
19        facility  in  accordance  with  the  provisions  of  this
20        Section.
21        (h)  The Board may approve and  license  the  conduct  of
22    inter-track  wagering  and  simulcast wagering by inter-track
23    wagering  licensees   and   inter-track   wagering   location
24    licensees subject to the following terms and conditions:
25             (1)  Any  person  licensed to conduct a race meeting
26        (i) at a track where 60  or  more  days  of  racing  were
27        conducted  during the immediately preceding calendar year
28        or where over the 5 immediately preceding calendar  years
29        an  average  of  30 or more days of racing were conducted
30        annually may be issued an inter-track  wagering  license;
31        (ii)  at  a  track located in a county that is bounded by
32        the Mississippi River, which has  a  population  of  less
33        than  150,000 according to the 1990 decennial census, and
34        an average of at least 60 days of racing per year between
 
                            -14-               LRB9214024LDtm
 1        1985 and 1993  may  be  issued  an  inter-track  wagering
 2        license;  or  (iii)  at a track located in Madison County
 3        that conducted at least 100 days of  live  racing  during
 4        the  immediately preceding calendar year may be issued an
 5        inter-track wagering license, unless a lesser schedule of
 6        live racing is the result of (A)  weather,  unsafe  track
 7        conditions,  or  other  acts  of  God;  (B)  an agreement
 8        between the organization licensee  and  the  associations
 9        representing  the  largest  number  of  owners, trainers,
10        jockeys, or standardbred drivers who race horses at  that
11        organization  licensee's racing meeting; or (C) a finding
12        by the Board of extraordinary circumstances and  that  it
13        was  in  the best interest of the public and the sport to
14        conduct fewer than 100 days  of  live  racing.  Any  such
15        person  having  operating  control of the racing facility
16        may also receive up to 6  inter-track  wagering  location
17        licenses.  In  no  event  shall  more  than 6 inter-track
18        wagering locations be established for each eligible  race
19        track,  except  that  an eligible race track located in a
20        county that has a population of  more  than  230,000  and
21        that is bounded by the Mississippi River may establish up
22        to  7  inter-track wagering locations. An application for
23        said license shall be filed with the Board prior to  such
24        dates  as may be fixed by the Board.  With an application
25        for an inter-track wagering location license there  shall
26        be delivered to the Board a certified check or bank draft
27        payable  to the order of the Board for an amount equal to
28        $500. The application shall be on  forms  prescribed  and
29        furnished  by  the  Board.   The application shall comply
30        with all other rules, regulations and conditions  imposed
31        by the Board in connection therewith.
32             (2)  The  Board  shall examine the applications with
33        respect to their conformity with this Act and  the  rules
34        and  regulations imposed by the Board.  If found to be in
 
                            -15-               LRB9214024LDtm
 1        compliance with the Act and rules and regulations of  the
 2        Board,  the  Board  may  then  issue a license to conduct
 3        inter-track  wagering  and  simulcast  wagering  to  such
 4        applicant.  All such applications shall be acted upon  by
 5        the  Board at a meeting to be held on such date as may be
 6        fixed by the Board.
 7             (3)  In granting  licenses  to  conduct  inter-track
 8        wagering and simulcast wagering, the Board shall give due
 9        consideration  to  the  best  interests of the public, of
10        horse racing, and of maximizing revenue to the State.
11             (4)  Prior to the issuance of a license  to  conduct
12        inter-track   wagering   and   simulcast   wagering,  the
13        applicant shall file with the Board a bond payable to the
14        State of Illinois in the sum of $50,000, executed by  the
15        applicant and a surety company or companies authorized to
16        do  business  in this State, and conditioned upon (i) the
17        payment by the licensee of all taxes due under Section 27
18        or 27.1 and any other monies due and payable  under  this
19        Act,   and   (ii)  distribution  by  the  licensee,  upon
20        presentation of the winning ticket  or  tickets,  of  all
21        sums payable to the patrons of pari-mutuel pools.
22             (5)  Each  license  to  conduct inter-track wagering
23        and simulcast wagering shall specify the person  to  whom
24        it  is  issued,  the  dates  on  which  such  wagering is
25        permitted, and the track or location where  the  wagering
26        is to be conducted.
27             (6)  All  wagering  under such license is subject to
28        this Act and to the rules and regulations  from  time  to
29        time  prescribed  by  the  Board,  and every such license
30        issued by the Board  shall  contain  a  recital  to  that
31        effect.
32             (7)  An inter-track wagering licensee or inter-track
33        wagering location licensee may accept wagers at the track
34        or  location  where  it  is  licensed,  or  as  otherwise
 
                            -16-               LRB9214024LDtm
 1        provided under this Act.
 2             (8)  Inter-track   wagering  or  simulcast  wagering
 3        shall not be conducted at any track  less  than  5  miles
 4        from a track at which a racing meeting is in progress.
 5             (8.1)  Inter-track  wagering  location licensees who
 6        derive their  licenses  from  a  particular  organization
 7        licensee shall conduct inter-track wagering and simulcast
 8        wagering  only  at  locations  which are either within 90
 9        miles  of  that   race   track   where   the   particular
10        organization  licensee  is licensed to conduct racing, or
11        within 135 miles of that race track where the  particular
12        organization  licensee  is  licensed to conduct racing in
13        the case of race tracks in counties of less than  400,000
14        that  were operating on or before June 1, 1986.  However,
15        inter-track wagering and simulcast wagering shall not  be
16        conducted  by  those  licensees  at any location within 5
17        miles of any race track at which a horse race meeting has
18        been licensed in the  current  year,  unless  the  person
19        having operating control of such race track has given its
20        written  consent  to  such  inter-track wagering location
21        licensees, which consent must be filed with the Board  at
22        or prior to the time application is made.
23             (8.2)  Inter-track  wagering  or  simulcast wagering
24        shall  not  be  conducted  by  an  inter-track   wagering
25        location  licensee  at any location within 500 feet of an
26        existing church or existing school, nor within  500  feet
27        of  the  residences  of  more  than  50 registered voters
28        without receiving written permission from a  majority  of
29        the  registered  voters  at such residences. Such written
30        permission statements shall be filed with the Board.  The
31        distance of 500 feet shall be  measured  to  the  nearest
32        part of any building used for worship services, education
33        programs, residential purposes, or conducting inter-track
34        wagering  by  an  inter-track wagering location licensee,
 
                            -17-               LRB9214024LDtm
 1        and not to  property  boundaries.   However,  inter-track
 2        wagering or simulcast wagering may be conducted at a site
 3        within  500  feet of a church, school or residences of 50
 4        or more registered  voters  if  such  church,  school  or
 5        residences  have  been  erected  or  established, or such
 6        voters have been registered, after the Board  issues  the
 7        original  inter-track  wagering  location  license at the
 8        site in question. Inter-track wagering location licensees
 9        may conduct inter-track wagering and  simulcast  wagering
10        only   in   areas   that  are  zoned  for  commercial  or
11        manufacturing purposes or in areas for  which  a  special
12        use  has  been  approved  by  the local zoning authority.
13        However, no license to conduct inter-track  wagering  and
14        simulcast  wagering  shall  be  granted by the Board with
15        respect to any inter-track wagering location  within  the
16        jurisdiction  of any local zoning authority which has, by
17        ordinance or by resolution, prohibited the  establishment
18        of   an   inter-track   wagering   location   within  its
19        jurisdiction.    However,   inter-track   wagering    and
20        simulcast  wagering  may  be  conducted at a site if such
21        ordinance  or  resolution  is  enacted  after  the  Board
22        licenses  the  original  inter-track  wagering   location
23        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,
27        subject  to  the  payment  of the privilege taxes and the
28        purses, an amount not to exceed 17% of all money wagered.
29        Each program of  racing  conducted  by  each  inter-track
30        wagering   licensee   or  inter-track  wagering  location
31        licensee shall be considered a separate  racing  day  for
32        the purpose of determining the daily handle and computing
33        the privilege tax or pari-mutuel tax on such daily handle
34        as provided in Section 27.
 
                            -18-               LRB9214024LDtm
 1             (10.1)  Except  as  provided  in  subsection  (g) of
 2        Section 27 of this  Act,  inter-track  wagering  location
 3        licensees  shall pay 1% of the pari-mutuel handle at each
 4        location to the municipality in which  such  location  is
 5        situated  and  1%  of  the  pari-mutuel  handle  at  each
 6        location   to  the  county  in  which  such  location  is
 7        situated.  In the  event  that  an  inter-track  wagering
 8        location  licensee  is situated in an unincorporated area
 9        of  a  county,  such  licensee  shall  pay  2%   of   the
10        pari-mutuel handle from such location to such county.
11             (10.2)  Notwithstanding  any other provision of this
12        Act, with respect to intertrack wagering at a race  track
13        located  in  a  county that has a population of more than
14        230,000 and that is  bounded  by  the  Mississippi  River
15        ("the first race track"), or at a facility operated by an
16        inter-track  wagering  licensee  or  inter-track wagering
17        location licensee  that  derives  its  license  from  the
18        organization licensee that operates the first race track,
19        on  races  conducted  at the first race track or on races
20        conducted   at   another   Illinois   race   track    and
21        simultaneously  televised to the first race track or to a
22        facility operated by an inter-track wagering licensee  or
23        inter-track  wagering  location licensee that derives its
24        license from the organization licensee that operates  the
25        first  race  track,  those  moneys  shall be allocated as
26        follows:
27                  (A)  That portion  of  all  moneys  wagered  on
28             standardbred  racing that is required under this Act
29             to be paid to purses shall be  paid  to  purses  for
30             standardbred races.
31                  (B)  That  portion  of  all  moneys  wagered on
32             thoroughbred racing that is required under this  Act
33             to  be  paid  to  purses shall be paid to purses for
34             thoroughbred races.
 
                            -19-               LRB9214024LDtm
 1             (11) (A)  After  payment   of   the   privilege   or
 2        pari-mutuel  tax,  any  other  applicable  taxes, and the
 3        costs and expenses  in  connection  with  the  gathering,
 4        transmission,  and dissemination of all data necessary to
 5        the conduct of inter-track wagering, the remainder of the
 6        monies retained under either Section 26 or  Section  26.2
 7        of  this  Act  by  the  inter-track  wagering licensee on
 8        inter-track wagering shall be allocated with  50%  to  be
 9        split  between  the  2 participating licensees and 50% to
10        purses, except that an intertrack wagering licensee  that
11        derives its license from a track located in a county with
12        a  population  in  excess of 230,000 and that borders the
13        Mississippi  River  shall  not   divide   any   remaining
14        retention  with  the  Illinois organization licensee that
15        provides the race or races, and  an  intertrack  wagering
16        licensee  that  accepts  wagers  on races conducted by an
17        organization licensee that conducts  a  race  meet  in  a
18        county  with  a  population in excess of 230,000 and that
19        borders  the  Mississippi  River  shall  not  divide  any
20        remaining retention with that organization licensee.
21             (B)  From the sums permitted to be retained pursuant
22        to this Act each inter-track wagering  location  licensee
23        shall  pay  (i)  the  privilege or pari-mutuel tax to the
24        State; (ii) 4.75% of the pari-mutuel handle on intertrack
25        wagering at such location on races as purses, except that
26        an intertrack wagering location licensee that derives its
27        license  from  a  track  located  in  a  county  with   a
28        population  in  excess  of  230,000  and that borders the
29        Mississippi River shall retain all purse moneys  for  its
30        own  purse account consistent with distribution set forth
31        in this subsection (h), and intertrack wagering  location
32        licensees  that  accept  wagers  on races conducted by an
33        organization  licensee  located  in  a  county   with   a
34        population  in  excess  of  230,000  and that borders the
 
                            -20-               LRB9214024LDtm
 1        Mississippi River shall distribute all  purse  moneys  to
 2        purses  at  the operating host track; (iii) until January
 3        1, 2000, except as provided in subsection (g) of  Section
 4        27  of  this Act, 1% of the pari-mutuel handle wagered on
 5        inter-track  wagering  and  simulcast  wagering  at  each
 6        inter-track wagering location licensee  facility  to  the
 7        Horse  Racing  Tax Allocation Fund, provided that, to the
 8        extent the total amount collected and distributed to  the
 9        Horse  Racing  Tax  Allocation Fund under this subsection
10        (h) during any calendar year exceeds the amount collected
11        and distributed to the Horse Racing Tax  Allocation  Fund
12        during  calendar  year  1994, that excess amount shall be
13        redistributed (I) to all  inter-track  wagering  location
14        licensees, based on each licensee's pro-rata share of the
15        total  handle  from  inter-track  wagering  and simulcast
16        wagering for all inter-track wagering location  licensees
17        during  the  calendar  year  in  which  this provision is
18        applicable; then (II) the amounts redistributed  to  each
19        inter-track  wagering  location  licensee as described in
20        subpart (I) shall be further redistributed as provided in
21        subparagraph (B) of paragraph (5) of  subsection  (g)  of
22        this  Section 26 provided first, that the shares of those
23        amounts, which are to be redistributed to the host  track
24        or  to purses at the host track under subparagraph (B) of
25        paragraph (5) of subsection (g) of this Section 26  shall
26        be  redistributed  based  on  each  host track's pro rata
27        share of the total  inter-track  wagering  and  simulcast
28        wagering  handle  at  all host tracks during the calendar
29        year  in  question,  and   second,   that   any   amounts
30        redistributed  as described in part (I) to an inter-track
31        wagering location licensee that accepts wagers  on  races
32        conducted  by  an  organization  licensee that conducts a
33        race meet in a county with  a  population  in  excess  of
34        230,000  and  that borders the Mississippi River shall be
 
                            -21-               LRB9214024LDtm
 1        further redistributed as provided  in  subparagraphs  (D)
 2        and  (E)  of  paragraph  (7)  of  subsection  (g) of this
 3        Section  26,   with   the   portion   of   that   further
 4        redistribution  allocated  to purses at that organization
 5        licensee to be divided between  standardbred  purses  and
 6        thoroughbred   purses  based  on  the  amounts  otherwise
 7        allocated to purses at that organization licensee  during
 8        the  calendar  year  in  question;   and  (iv)  8% of the
 9        pari-mutuel handle on  inter-track  wagering  wagered  at
10        such  location  to  satisfy  all  costs  and  expenses of
11        conducting its wagering.  The  remainder  of  the  monies
12        retained  by  the  inter-track wagering location licensee
13        shall be allocated 40% to the location licensee  and  60%
14        to  the organization licensee which provides the Illinois
15        races to the location, except that an intertrack wagering
16        location licensee that derives its license from  a  track
17        located  in  a  county  with  a  population  in excess of
18        230,000 and that borders the Mississippi River shall  not
19        divide  any  remaining  retention  with  the organization
20        licensee  that  provides  the  race  or  races   and   an
21        intertrack wagering location licensee that accepts wagers
22        on  races  conducted  by  an  organization  licensee that
23        conducts a race meet in a county  with  a  population  in
24        excess  of 230,000 and that borders the Mississippi River
25        shall  not  divide  any  remaining  retention  with   the
26        organization  licensee. Notwithstanding the provisions of
27        clauses (ii) and (iv) of this paragraph, in the  case  of
28        the  additional  inter-track  wagering  location licenses
29        authorized under paragraph (1) of this subsection (h)  by
30        this  amendatory  Act  of 1991, those licensees shall pay
31        the following amounts as  purses:  during  the  first  12
32        months  the  licensee  is  in  operation,  5.25%  of  the
33        pari-mutuel  handle  wagered  at  the  location on races;
34        during the second 12 months, 5.25%; during the  third  12
 
                            -22-               LRB9214024LDtm
 1        months,  5.75%;  during  the fourth 12 months, 6.25%; and
 2        during the fifth 12 months  and  thereafter,  6.75%.  The
 3        following  amounts  shall  be retained by the licensee to
 4        satisfy  all  costs  and  expenses  of   conducting   its
 5        wagering:  during  the first 12 months the licensee is in
 6        operation, 8.25% of the pari-mutuel handle wagered at the
 7        location; during the second 12 months, 8.25%; during  the
 8        third  12  months,  7.75%;  during  the fourth 12 months,
 9        7.25%; and during the fifth  12  months  and  thereafter,
10        6.75%.   For   additional  intertrack  wagering  location
11        licensees authorized under this amendatory Act  of  1995,
12        purses  for  the  first  12  months  the  licensee  is in
13        operation shall be 5.75% of the  pari-mutuel  wagered  at
14        the  location,  purses  for  the  second  12  months  the
15        licensee  is  in  operation  shall  be  6.25%, and purses
16        thereafter shall be  6.75%.   For  additional  intertrack
17        location  licensees  authorized under this amendatory Act
18        of 1995, the licensee  shall  be  allowed  to  retain  to
19        satisfy  all costs and expenses: 7.75% of the pari-mutuel
20        handle wagered at the location during its first 12 months
21        of operation,  7.25%  during  its  second  12  months  of
22        operation, and 6.75% thereafter.
23             (C)  There  is  hereby  created the Horse Racing Tax
24        Allocation Fund which shall  remain  in  existence  until
25        December  31,  1999.   Moneys remaining in the Fund after
26        December 31, 1999 shall be paid into the General  Revenue
27        Fund.   Until  January  1, 2000, all monies paid into the
28        Horse  Racing  Tax  Allocation  Fund  pursuant  to   this
29        paragraph (11) by inter-track wagering location licensees
30        located  in park districts of 500,000 population or less,
31        or in a municipality that is not included within any park
32        district but is included within a  conservation  district
33        and is the county seat of a county that (i) is contiguous
34        to the state of Indiana and (ii) has a 1990 population of
 
                            -23-               LRB9214024LDtm
 1        88,257  according  to  the  United  States  Bureau of the
 2        Census, and operating on May 1, 1994 shall  be  allocated
 3        by appropriation as follows:
 4                  Two-sevenths  to the Department of Agriculture.
 5             Fifty percent of this two-sevenths shall be used  to
 6             promote  the  Illinois  horse  racing  and  breeding
 7             industry, and shall be distributed by the Department
 8             of   Agriculture  upon  the  advice  of  a  9-member
 9             committee appointed by the  Governor  consisting  of
10             the  following members: the Director of Agriculture,
11             who shall serve as chairman;  2  representatives  of
12             organization  licensees conducting thoroughbred race
13             meetings  in  this  State,  recommended   by   those
14             licensees;   2   representatives   of   organization
15             licensees  conducting  standardbred race meetings in
16             this  State,  recommended  by  those  licensees;   a
17             representative of the Illinois Thoroughbred Breeders
18             and   Owners   Foundation,   recommended   by   that
19             Foundation;   a   representative   of  the  Illinois
20             Standardbred  Owners   and   Breeders   Association,
21             recommended by that Association; a representative of
22             the Horsemen's Benevolent and Protective Association
23             or any successor organization thereto established in
24             Illinois  comprised  of the largest number of owners
25             and trainers, recommended  by  that  Association  or
26             that successor organization; and a representative of
27             the   Illinois   Harness   Horsemen's   Association,
28             recommended  by that Association.  Committee members
29             shall serve for terms of 2 years, commencing January
30             1 of each even-numbered year.  If  a  representative
31             of  any  of  the  above-named  entities has not been
32             recommended by January 1 of any even-numbered  year,
33             the  Governor  shall  appoint  a committee member to
34             fill that position.  Committee members shall receive
 
                            -24-               LRB9214024LDtm
 1             no compensation for their services  as  members  but
 2             shall  be  reimbursed  for  all actual and necessary
 3             expenses   and   disbursements   incurred   in   the
 4             performance of their official duties.  The remaining
 5             50% of this two-sevenths  shall  be  distributed  to
 6             county  fairs for premiums and rehabilitation as set
 7             forth in the Agricultural Fair Act;
 8                  Four-sevenths    to    park    districts     or
 9             municipalities  that  do not have a park district of
10             500,000 population or less for museum  purposes  (if
11             an inter-track wagering location licensee is located
12             in   such   a  park  district)  or  to  conservation
13             districts for museum  purposes  (if  an  inter-track
14             wagering   location   licensee   is   located  in  a
15             municipality that is not included  within  any  park
16             district  but  is  included  within  a  conservation
17             district and is the county seat of a county that (i)
18             is contiguous to the state of Indiana and (ii) has a
19             1990  population  of  88,257 according to the United
20             States Bureau of the  Census,  except  that  if  the
21             conservation  district  does  not maintain a museum,
22             the monies shall be allocated  equally  between  the
23             county and the municipality in which the inter-track
24             wagering  location  licensee  is located for general
25             purposes) or to a  municipal  recreation  board  for
26             park  purposes  (if an inter-track wagering location
27             licensee is located in a municipality  that  is  not
28             included   within   any   park   district  and  park
29             maintenance  is  the  function  of   the   municipal
30             recreation  board  and  the  municipality has a 1990
31             population of 9,302 according to the  United  States
32             Bureau  of the Census); provided that the monies are
33             distributed to each park  district  or  conservation
34             district  or  municipality that does not have a park
 
                            -25-               LRB9214024LDtm
 1             district in an amount equal to four-sevenths of  the
 2             amount   collected   by  each  inter-track  wagering
 3             location  licensee  within  the  park  district   or
 4             conservation  district or municipality for the Fund.
 5             Monies that were paid  into  the  Horse  Racing  Tax
 6             Allocation  Fund  before  the effective date of this
 7             amendatory Act of 1991 by  an  inter-track  wagering
 8             location  licensee located in a municipality that is
 9             not  included  within  any  park  district  but   is
10             included  within a conservation district as provided
11             in this paragraph  shall,  as  soon  as  practicable
12             after  the  effective date of this amendatory Act of
13             1991, be allocated and  paid  to  that  conservation
14             district  as  provided  in  this paragraph. Any park
15             district or municipality not  maintaining  a  museum
16             may  deposit the monies in the corporate fund of the
17             park district or municipality where the  inter-track
18             wagering location is located, to be used for general
19             purposes; and
20                  One-seventh to the Agricultural Premium Fund to
21             be   used  for  distribution  to  agricultural  home
22             economics extension councils in accordance with  "An
23             Act  in  relation to additional support and finances
24             for the Agricultural  and  Home  Economic  Extension
25             Councils  in  the several counties of this State and
26             making an appropriation therefor", approved July 24,
27             1967.
28             Until January 1, 2000, all other  monies  paid  into
29        the  Horse  Racing  Tax  Allocation Fund pursuant to this
30        paragraph (11) shall be  allocated  by  appropriation  as
31        follows:
32                  Two-sevenths  to the Department of Agriculture.
33             Fifty percent of this two-sevenths shall be used  to
34             promote  the  Illinois  horse  racing  and  breeding
 
                            -26-               LRB9214024LDtm
 1             industry, and shall be distributed by the Department
 2             of   Agriculture  upon  the  advice  of  a  9-member
 3             committee appointed by the  Governor  consisting  of
 4             the  following members: the Director of Agriculture,
 5             who shall serve as chairman;  2  representatives  of
 6             organization  licensees conducting thoroughbred race
 7             meetings  in  this  State,  recommended   by   those
 8             licensees;   2   representatives   of   organization
 9             licensees  conducting  standardbred race meetings in
10             this  State,  recommended  by  those  licensees;   a
11             representative of the Illinois Thoroughbred Breeders
12             and   Owners   Foundation,   recommended   by   that
13             Foundation;   a   representative   of  the  Illinois
14             Standardbred  Owners   and   Breeders   Association,
15             recommended by that Association; a representative of
16             the Horsemen's Benevolent and Protective Association
17             or any successor organization thereto established in
18             Illinois  comprised  of the largest number of owners
19             and trainers, recommended  by  that  Association  or
20             that successor organization; and a representative of
21             the   Illinois   Harness   Horsemen's   Association,
22             recommended  by that Association.  Committee members
23             shall serve for terms of 2 years, commencing January
24             1 of each even-numbered year.  If  a  representative
25             of  any  of  the  above-named  entities has not been
26             recommended by January 1 of any even-numbered  year,
27             the  Governor  shall  appoint  a committee member to
28             fill that position.  Committee members shall receive
29             no compensation for their services  as  members  but
30             shall  be  reimbursed  for  all actual and necessary
31             expenses   and   disbursements   incurred   in   the
32             performance of their official duties.  The remaining
33             50% of this two-sevenths  shall  be  distributed  to
34             county  fairs for premiums and rehabilitation as set
 
                            -27-               LRB9214024LDtm
 1             forth in the Agricultural Fair Act;
 2                  Four-sevenths to museums and aquariums  located
 3             in   park  districts  of  over  500,000  population;
 4             provided  that  the  monies   are   distributed   in
 5             accordance  with the previous year's distribution of
 6             the maintenance tax for such museums  and  aquariums
 7             as  provided  in  Section  2  of  the  Park District
 8             Aquarium and Museum Act; and
 9                  One-seventh to the Agricultural Premium Fund to
10             be  used  for  distribution  to  agricultural   home
11             economics  extension councils in accordance with "An
12             Act in relation to additional support  and  finances
13             for  the  Agricultural  and  Home Economic Extension
14             Councils in the several counties of this  State  and
15             making an appropriation therefor", approved July 24,
16             1967. This subparagraph (C) shall be inoperative and
17             of no force and effect on and after January 1, 2000.
18                  (D)  Except  as  provided  in paragraph (11) of
19             this  subsection  (h),   with   respect   to   purse
20             allocation  from  intertrack wagering, the monies so
21             retained shall be divided as follows:
22                       (i)  If the inter-track wagering licensee,
23                  except an  intertrack  wagering  licensee  that
24                  derives   its   license  from  an  organization
25                  licensee located in a county with a  population
26                  in   excess  of  230,000  and  bounded  by  the
27                  Mississippi River, is not  conducting  its  own
28                  race  meeting  during  the same dates, then the
29                  entire purse allocation shall be to  purses  at
30                  the  track where the races wagered on are being
31                  conducted.
32                       (ii)  If    the    inter-track    wagering
33                  licensee,   except   an   intertrack   wagering
34                  licensee  that  derives  its  license  from  an
 
                            -28-               LRB9214024LDtm
 1                  organization licensee located in a county  with
 2                  a  population  in excess of 230,000 and bounded
 3                  by the Mississippi River,  is  also  conducting
 4                  its  own  race  meeting  during the same dates,
 5                  then the purse allocation shall be as  follows:
 6                  50%  to  purses  at  the  track where the races
 7                  wagered on are being conducted; 50%  to  purses
 8                  at  the  track  where  the inter-track wagering
 9                  licensee is accepting such wagers.
10                       (iii)  If  the  inter-track  wagering   is
11                  being  conducted  by  an  inter-track  wagering
12                  location   licensee,   except   an   intertrack
13                  wagering  location  licensee  that  derives its
14                  license from an organization  licensee  located
15                  in  a  county  with  a  population in excess of
16                  230,000 and bounded by the  Mississippi  River,
17                  the  entire purse allocation for Illinois races
18                  shall be to purses at the track where the  race
19                  meeting being wagered on is being held.
20             (12)  The  Board shall have all powers necessary and
21        proper to fully supervise  and  control  the  conduct  of
22        inter-track    wagering   and   simulcast   wagering   by
23        inter-track wagering licensees and  inter-track  wagering
24        location  licensees,  including,  but  not limited to the
25        following:
26                  (A)  The  Board  is  vested   with   power   to
27             promulgate  reasonable rules and regulations for the
28             purpose  of  administering  the  conduct   of   this
29             wagering   and   to   prescribe   reasonable  rules,
30             regulations and conditions under which such wagering
31             shall  be  held  and  conducted.   Such  rules   and
32             regulations  are  to  provide  for the prevention of
33             practices detrimental to the public interest and for
34             the best interests of said wagering  and  to  impose
 
                            -29-               LRB9214024LDtm
 1             penalties for violations thereof.
 2                  (B)  The  Board,  and  any person or persons to
 3             whom it delegates this power,  is  vested  with  the
 4             power  to  enter  the  facilities of any licensee to
 5             determine whether there has been compliance with the
 6             provisions of this Act and the rules and regulations
 7             relating to the conduct of such wagering.
 8                  (C)  The Board, and any person  or  persons  to
 9             whom  it  delegates this power, may eject or exclude
10             from any licensee's  facilities,  any  person  whose
11             conduct  or  reputation is such that his presence on
12             such premises may, in the opinion of the Board, call
13             into the question the honesty and integrity  of,  or
14             interfere with the orderly conduct of such wagering;
15             provided,  however, that no person shall be excluded
16             or ejected from such premises solely on the  grounds
17             of race, color, creed, national origin, ancestry, or
18             sex.
19                  (D)  (Blank).
20                  (E)  The  Board  is  vested  with  the power to
21             appoint delegates  to  execute  any  of  the  powers
22             granted  to it under this Section for the purpose of
23             administering  this  wagering  and  any  rules   and
24             regulations promulgated in accordance with this Act.
25                  (F)  The  Board  shall name and appoint a State
26             director  of  this   wagering   who   shall   be   a
27             representative  of the Board and whose duty it shall
28             be to supervise the conduct of inter-track  wagering
29             as  may be provided for by the rules and regulations
30             of  the  Board;  such  rules  and  regulation  shall
31             specify the method of appointment and the Director's
32             powers, authority and duties.
33                  (G)  The Board is  vested  with  the  power  to
34             impose  civil  penalties  of  up  to  $5,000 against
 
                            -30-               LRB9214024LDtm
 1             individuals and up to $10,000 against licensees  for
 2             each violation of any provision of this Act relating
 3             to  the  conduct of this wagering, any rules adopted
 4             by the Board, any order of the Board  or  any  other
 5             action   which  in  the  Board's  discretion,  is  a
 6             detriment or impediment to such wagering.
 7             (13)  The Department of Agriculture may  enter  into
 8        agreements  with  licensees authorizing such licensees to
 9        conduct inter-track wagering on races to be held  at  the
10        licensed  race  meetings  conducted  by the Department of
11        Agriculture.   Such agreement shall specify the races  of
12        the  Department  of  Agriculture's  licensed race meeting
13        upon which the licensees will conduct wagering.   In  the
14        event  that  a  licensee conducts inter-track pari-mutuel
15        wagering on races from the Illinois State Fair or DuQuoin
16        State Fair  which  are  in  addition  to  the  licensee's
17        previously  approved racing program, those races shall be
18        considered a separate  racing  day  for  the  purpose  of
19        determining  the daily handle and computing the privilege
20        or pari-mutuel tax on that daily handle  as  provided  in
21        Sections  27 and 27.1.  Such agreements shall be approved
22        by the Board before such wagering may be  conducted.   In
23        determining  whether  to  grant approval, the Board shall
24        give due consideration  to  the  best  interests  of  the
25        public  and of horse racing. The provisions of paragraphs
26        (1), (8), (8.1), and (8.2)  of  subsection  (h)  of  this
27        Section  which  are  not specified in this paragraph (13)
28        shall not apply to licensed race  meetings  conducted  by
29        the  Department of Agriculture at the Illinois State Fair
30        in Sangamon County or the DuQuoin  State  Fair  in  Perry
31        County,  or  to  any  wagering  conducted  on  those race
32        meetings.
33        (i)  Notwithstanding the other provisions  of  this  Act,
34    the  conduct of wagering at wagering facilities is authorized
 
                            -31-               LRB9214024LDtm
 1    on all days, except as limited by subsection (b)  of  Section
 2    19 of this Act.
 3    (Source: P.A. 91-40, eff. 6-25-99; 92-211, eff. 8-2-01.)

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