101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2942

 

Introduced , by Rep. William Davis

 

SYNOPSIS AS INTRODUCED:
 
230 ILCS 5/26  from Ch. 8, par. 37-26
230 ILCS 5/27  from Ch. 8, par. 37-27

    Amends the Illinois Horse Racing Act of 1975. Provides that inter-track wagering location licensees must pay their pari-mutuel handle percentage to the municipality and county no later than the 20th of the month following the month the handle was generated. Provides that inter-track wagering location licensees must pay the admission fees to the municipality and county no later than the 20th of the month following the month the admission fees were imposed (rather than remitting the admission fees to the Illinois Racing Board within 48 hours and the Illinois Racing Board remitting the admission fees to the municipality or county). Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2942LRB101 08941 SMS 54031 b

1    AN ACT concerning gaming.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Horse Racing Act of 1975 is amended
5by changing Sections 26 and 27 as follows:
 
6    (230 ILCS 5/26)  (from Ch. 8, par. 37-26)
7    Sec. 26. Wagering.
8    (a) Any licensee may conduct and supervise the pari-mutuel
9system of wagering, as defined in Section 3.12 of this Act, on
10horse races conducted by an Illinois organization licensee or
11conducted at a racetrack located in another state or country
12and televised in Illinois in accordance with subsection (g) of
13Section 26 of this Act. Subject to the prior consent of the
14Board, licensees may supplement any pari-mutuel pool in order
15to guarantee a minimum distribution. Such pari-mutuel method of
16wagering shall not, under any circumstances if conducted under
17the provisions of this Act, be held or construed to be
18unlawful, other statutes of this State to the contrary
19notwithstanding. Subject to rules for advance wagering
20promulgated by the Board, any licensee may accept wagers in
21advance of the day of the race wagered upon occurs.
22    (b) No other method of betting, pool making, wagering or
23gambling shall be used or permitted by the licensee. Each

 

 

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

 

 

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

 

 

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1when the out-of-State entity conducts a pari-mutuel pool
2separate from the organization licensee, a privilege tax equal
3to 7 1/2% of all monies received by the organization licensee
4from entities in other states or countries pursuant to such
5contracts is imposed on the organization licensee, and such
6privilege tax shall be remitted to the Department of Revenue
7within 48 hours of receipt of the moneys from the simulcast.
8When the out-of-State entity conducts a combined pari-mutuel
9pool with the organization licensee, the tax shall be 10% of
10all monies received by the organization licensee with 25% of
11the receipts from this 10% tax to be distributed to the county
12in which the race was conducted.
13    An organization licensee may permit one or more of its
14races to be utilized for pari-mutuel wagering at one or more
15locations in other states and may transmit audio and visual
16signals of races the organization licensee conducts to one or
17more locations outside the State or country and may also permit
18pari-mutuel pools in other states or countries to be combined
19with its gross or net wagering pools or with wagering pools
20established by other states.
21    (g) A host track may accept interstate simulcast wagers on
22horse races conducted in other states or countries and shall
23control the number of signals and types of breeds of racing in
24its simulcast program, subject to the disapproval of the Board.
25The Board may prohibit a simulcast program only if it finds
26that the simulcast program is clearly adverse to the integrity

 

 

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1of racing. The host track simulcast program shall include the
2signal of live racing of all organization licensees. All
3non-host licensees and advance deposit wagering licensees
4shall carry the signal of and accept wagers on live racing of
5all organization licensees. Advance deposit wagering licensees
6shall not be permitted to accept out-of-state wagers on any
7Illinois signal provided pursuant to this Section without the
8approval and consent of the organization licensee providing the
9signal. For one year after August 15, 2014 (the effective date
10of Public Act 98-968), non-host licensees may carry the host
11track simulcast program and shall accept wagers on all races
12included as part of the simulcast program of horse races
13conducted at race tracks located within North America upon
14which wagering is permitted. For a period of one year after
15August 15, 2014 (the effective date of Public Act 98-968), on
16horse races conducted at race tracks located outside of North
17America, non-host licensees may accept wagers on all races
18included as part of the simulcast program upon which wagering
19is permitted. Beginning August 15, 2015 (one year after the
20effective date of Public Act 98-968), non-host licensees may
21carry the host track simulcast program and shall accept wagers
22on all races included as part of the simulcast program upon
23which wagering is permitted. All organization licensees shall
24provide their live signal to all advance deposit wagering
25licensees for a simulcast commission fee not to exceed 6% of
26the advance deposit wagering licensee's Illinois handle on the

 

 

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

 

 

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1terminals. The costs and expenses of the host track and
2non-host licensees associated with interstate simulcast
3wagering, other than the interstate commission fee, shall be
4borne by the host track and all non-host licensees incurring
5these costs. The interstate commission fee shall not exceed 5%
6of Illinois handle on the interstate simulcast race or races
7without prior approval of the Board. The Board shall promulgate
8rules under which it may permit interstate commission fees in
9excess of 5%. The interstate commission fee and other fees
10charged by the sending racetrack, including, but not limited
11to, satellite decoder fees, shall be uniformly applied to the
12host track and all non-host licensees.
13    Notwithstanding any other provision of this Act, through
14December 31, 2020, an organization licensee, with the consent
15of the horsemen association representing the largest number of
16owners, trainers, jockeys, or standardbred drivers who race
17horses at that organization licensee's racing meeting, may
18maintain a system whereby advance deposit wagering may take
19place or an organization licensee, with the consent of the
20horsemen association representing the largest number of
21owners, trainers, jockeys, or standardbred drivers who race
22horses at that organization licensee's racing meeting, may
23contract with another person to carry out a system of advance
24deposit wagering. Such consent may not be unreasonably
25withheld. Only with respect to an appeal to the Board that
26consent for an organization licensee that maintains its own

 

 

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1advance deposit wagering system is being unreasonably
2withheld, the Board shall issue a final order within 30 days
3after initiation of the appeal, and the organization licensee's
4advance deposit wagering system may remain operational during
5that 30-day period. The actions of any organization licensee
6who conducts advance deposit wagering or any person who has a
7contract with an organization licensee to conduct advance
8deposit wagering who conducts advance deposit wagering on or
9after January 1, 2013 and prior to June 7, 2013 (the effective
10date of Public Act 98-18) taken in reliance on the changes made
11to this subsection (g) by Public Act 98-18 are hereby
12validated, provided payment of all applicable pari-mutuel
13taxes are remitted to the Board. All advance deposit wagers
14placed from within Illinois must be placed through a
15Board-approved advance deposit wagering licensee; no other
16entity may accept an advance deposit wager from a person within
17Illinois. All advance deposit wagering is subject to any rules
18adopted by the Board. The Board may adopt rules necessary to
19regulate advance deposit wagering through the use of emergency
20rulemaking in accordance with Section 5-45 of the Illinois
21Administrative Procedure Act. The General Assembly finds that
22the adoption of rules to regulate advance deposit wagering is
23deemed an emergency and necessary for the public interest,
24safety, and welfare. An advance deposit wagering licensee may
25retain all moneys as agreed to by contract with an organization
26licensee. Any moneys retained by the organization licensee from

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    contrary, non-host licensees who derive their licenses
2    from a track located in a county with a population in
3    excess of 230,000 and that borders the Mississippi River
4    may receive supplemental interstate simulcast races at all
5    times subject to Board approval, which shall be withheld
6    only upon a finding that a supplemental interstate
7    simulcast is clearly adverse to the integrity of racing.
8        (7) Effective January 1, 2017, notwithstanding any
9    provision of this Act to the contrary, after payment of all
10    applicable State and local taxes and interstate commission
11    fees, non-host licensees who derive their licenses from a
12    track located in a county with a population in excess of
13    230,000 and that borders the Mississippi River shall retain
14    50% of the retention from interstate simulcast wagers and
15    shall pay 50% to purses at the track from which the
16    non-host licensee derives its license.
17        (7.1) Notwithstanding any other provision of this Act
18    to the contrary, if no standardbred racing is conducted at
19    a racetrack located in Madison County during any calendar
20    year beginning on or after January 1, 2002, all moneys
21    derived by that racetrack from simulcast wagering and
22    inter-track wagering that (1) are to be used for purses and
23    (2) are generated between the hours of 6:30 p.m. and 6:30
24    a.m. during that calendar year shall be paid as follows:
25            (A) If the licensee that conducts horse racing at
26        that racetrack requests from the Board at least as many

 

 

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

 

 

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1    follows:
2            (A) If the licensee that conducts horse racing at
3        that racetrack requests from the Board at least as many
4        racing dates as were conducted in calendar year 2000,
5        80% shall be deposited into its standardbred purse
6        account; and
7            (B) Twenty percent shall be deposited into the
8        Illinois Colt Stakes Purse Distribution Fund. Moneys
9        deposited into the Illinois Colt Stakes Purse
10        Distribution Fund pursuant to this subparagraph (B)
11        shall be paid to Illinois conceived and foaled
12        thoroughbred breeders' programs and to thoroughbred
13        purses for races conducted at any county fairgrounds
14        for Illinois conceived and foaled horses at the
15        discretion of the Department of Agriculture, with the
16        advice and assistance of the Illinois Thoroughbred
17        Breeders Fund Advisory Board. The moneys deposited
18        into the Illinois Colt Stakes Purse Distribution Fund
19        pursuant to this subparagraph (B) shall be deposited
20        within 2 weeks after the day they were generated, shall
21        be in addition to and not in lieu of any other moneys
22        paid to thoroughbred purses under this Act, and shall
23        not be commingled with other moneys deposited into that
24        Fund.
25        (7.3) (Blank).
26        (7.4) (Blank).

 

 

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

 

 

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

 

 

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

 

 

HB2942- 19 -LRB101 08941 SMS 54031 b

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

 

 

HB2942- 20 -LRB101 08941 SMS 54031 b

1    control of the racing facility may receive inter-track
2    wagering location licenses. An eligible race track located
3    in a county that has a population of more than 230,000 and
4    that is bounded by the Mississippi River may establish up
5    to 9 inter-track wagering locations, an eligible race track
6    located in Stickney Township in Cook County may establish
7    up to 16 inter-track wagering locations, and an eligible
8    race track located in Palatine Township in Cook County may
9    establish up to 18 inter-track wagering locations. An
10    application for said license shall be filed with the Board
11    prior to such dates as may be fixed by the Board. With an
12    application for an inter-track wagering location license
13    there shall be delivered to the Board a certified check or
14    bank draft payable to the order of the Board for an amount
15    equal to $500. The application shall be on forms prescribed
16    and furnished by the Board. The application shall comply
17    with all other rules, regulations and conditions imposed by
18    the Board in connection therewith.
19        (2) The Board shall examine the applications with
20    respect to their conformity with this Act and the rules and
21    regulations imposed by the Board. If found to be in
22    compliance with the Act and rules and regulations of the
23    Board, the Board may then issue a license to conduct
24    inter-track wagering and simulcast wagering to such
25    applicant. All such applications shall be acted upon by the
26    Board at a meeting to be held on such date as may be fixed

 

 

HB2942- 21 -LRB101 08941 SMS 54031 b

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

 

 

HB2942- 22 -LRB101 08941 SMS 54031 b

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

 

 

HB2942- 23 -LRB101 08941 SMS 54031 b

1    the current year, unless the person having operating
2    control of such race track has given its written consent to
3    such inter-track wagering location licensees, which
4    consent must be filed with the Board at or prior to the
5    time application is made.
6        (8.2) Inter-track wagering or simulcast wagering shall
7    not be conducted by an inter-track wagering location
8    licensee at any location within 500 feet of an existing
9    church or existing school, nor within 500 feet of the
10    residences of more than 50 registered voters without
11    receiving written permission from a majority of the
12    registered voters at such residences. Such written
13    permission statements shall be filed with the Board. The
14    distance of 500 feet shall be measured to the nearest part
15    of any building used for worship services, education
16    programs, residential purposes, or conducting inter-track
17    wagering by an inter-track wagering location licensee, and
18    not to property boundaries. However, inter-track wagering
19    or simulcast wagering may be conducted at a site within 500
20    feet of a church, school or residences of 50 or more
21    registered voters if such church, school or residences have
22    been erected or established, or such voters have been
23    registered, after the Board issues the original
24    inter-track wagering location license at the site in
25    question. Inter-track wagering location licensees may
26    conduct inter-track wagering and simulcast wagering only

 

 

HB2942- 24 -LRB101 08941 SMS 54031 b

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

 

 

HB2942- 25 -LRB101 08941 SMS 54031 b

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

 

 

HB2942- 26 -LRB101 08941 SMS 54031 b

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

 

 

HB2942- 27 -LRB101 08941 SMS 54031 b

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

 

 

HB2942- 28 -LRB101 08941 SMS 54031 b

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

 

 

HB2942- 29 -LRB101 08941 SMS 54031 b

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

 

 

HB2942- 30 -LRB101 08941 SMS 54031 b

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

 

 

HB2942- 31 -LRB101 08941 SMS 54031 b

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

 

 

HB2942- 32 -LRB101 08941 SMS 54031 b

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

 

 

HB2942- 33 -LRB101 08941 SMS 54031 b

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

 

 

HB2942- 34 -LRB101 08941 SMS 54031 b

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

 

 

HB2942- 35 -LRB101 08941 SMS 54031 b

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

 

 

HB2942- 36 -LRB101 08941 SMS 54031 b

1        representative of any of the above-named entities has
2        not been recommended by January 1 of any even-numbered
3        year, the Governor shall appoint a committee member to
4        fill that position. Committee members shall receive no
5        compensation for their services as members but shall be
6        reimbursed for all actual and necessary expenses and
7        disbursements incurred in the performance of their
8        official duties. The remaining 50% of this
9        two-sevenths shall be distributed to county fairs for
10        premiums and rehabilitation as set forth in the
11        Agricultural Fair Act;
12            Four-sevenths to museums and aquariums located in
13        park districts of over 500,000 population; provided
14        that the monies are distributed in accordance with the
15        previous year's distribution of the maintenance tax
16        for such museums and aquariums as provided in Section 2
17        of the Park District Aquarium and Museum Act; and
18            One-seventh to the Agricultural Premium Fund to be
19        used for distribution to agricultural home economics
20        extension councils in accordance with "An Act in
21        relation to additional support and finances for the
22        Agricultural and Home Economic Extension Councils in
23        the several counties of this State and making an
24        appropriation therefor", approved July 24, 1967. This
25        subparagraph (C) shall be inoperative and of no force
26        and effect on and after January 1, 2000.

 

 

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

 

 

HB2942- 38 -LRB101 08941 SMS 54031 b

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

 

 

HB2942- 39 -LRB101 08941 SMS 54031 b

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

 

 

HB2942- 40 -LRB101 08941 SMS 54031 b

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

 

 

HB2942- 41 -LRB101 08941 SMS 54031 b

1    provisions of paragraphs (1), (8), (8.1), and (8.2) of
2    subsection (h) of this Section which are not specified in
3    this paragraph (13) shall not apply to licensed race
4    meetings conducted by the Department of Agriculture at the
5    Illinois State Fair in Sangamon County or the DuQuoin State
6    Fair in Perry County, or to any wagering conducted on those
7    race meetings.
8        (14) An inter-track wagering location license
9    authorized by the Board in 2016 that is owned and operated
10    by a race track in Rock Island County shall be transferred
11    to a commonly owned race track in Cook County on August 12,
12    2016 (the effective date of Public Act 99-757). The
13    licensee shall retain its status in relation to purse
14    distribution under paragraph (11) of this subsection (h)
15    following the transfer to the new entity. The pari-mutuel
16    tax credit under Section 32.1 shall not be applied toward
17    any pari-mutuel tax obligation of the inter-track wagering
18    location licensee of the license that is transferred under
19    this paragraph (14).
20    (i) Notwithstanding the other provisions of this Act, the
21conduct of wagering at wagering facilities is authorized on all
22days, except as limited by subsection (b) of Section 19 of this
23Act.
24(Source: P.A. 99-756, eff. 8-12-16; 99-757, eff. 8-12-16;
25100-201, eff. 8-18-17; 100-627, eff. 7-20-18; 100-1152, eff.
2612-14-18; revised 1-13-19.)
 

 

 

HB2942- 42 -LRB101 08941 SMS 54031 b

1    (230 ILCS 5/27)  (from Ch. 8, par. 37-27)
2    Sec. 27. (a) In addition to the organization license fee
3provided by this Act, until January 1, 2000, a graduated
4privilege tax is hereby imposed for conducting the pari-mutuel
5system of wagering permitted under this Act. Until January 1,
62000, except as provided in subsection (g) of Section 27 of
7this Act, all of the breakage of each racing day held by any
8licensee in the State shall be paid to the State. Until January
91, 2000, such daily graduated privilege tax shall be paid by
10the licensee from the amount permitted to be retained under
11this Act. Until January 1, 2000, each day's graduated privilege
12tax, breakage, and Horse Racing Tax Allocation funds shall be
13remitted to the Department of Revenue within 48 hours after the
14close of the racing day upon which it is assessed or within
15such other time as the Board prescribes. The privilege tax
16hereby imposed, until January 1, 2000, shall be a flat tax at
17the rate of 2% of the daily pari-mutuel handle except as
18provided in Section 27.1.
19    In addition, every organization licensee, except as
20provided in Section 27.1 of this Act, which conducts multiple
21wagering shall pay, until January 1, 2000, as a privilege tax
22on multiple wagers an amount equal to 1.25% of all moneys
23wagered each day on such multiple wagers, plus an additional
24amount equal to 3.5% of the amount wagered each day on any
25other multiple wager which involves a single betting interest

 

 

HB2942- 43 -LRB101 08941 SMS 54031 b

1on 3 or more horses. The licensee shall remit the amount of
2such taxes to the Department of Revenue within 48 hours after
3the close of the racing day on which it is assessed or within
4such other time as the Board prescribes.
5    This subsection (a) shall be inoperative and of no force
6and effect on and after January 1, 2000.
7    (a-5) Beginning on January 1, 2000, a flat pari-mutuel tax
8at the rate of 1.5% of the daily pari-mutuel handle is imposed
9at all pari-mutuel wagering facilities and on advance deposit
10wagering from a location other than a wagering facility, except
11as otherwise provided for in this subsection (a-5). In addition
12to the pari-mutuel tax imposed on advance deposit wagering
13pursuant to this subsection (a-5), beginning on August 24, 2012
14(the effective date of Public Act 97-1060) and through December
1531, 2020, an additional pari-mutuel tax at the rate of 0.25%
16shall be imposed on advance deposit wagering. Until August 25,
172012, the additional 0.25% pari-mutuel tax imposed on advance
18deposit wagering by Public Act 96-972 shall be deposited into
19the Quarter Horse Purse Fund, which shall be created as a
20non-appropriated trust fund administered by the Board for
21grants to thoroughbred organization licensees for payment of
22purses for quarter horse races conducted by the organization
23licensee. Beginning on August 26, 2012, the additional 0.25%
24pari-mutuel tax imposed on advance deposit wagering shall be
25deposited into the Standardbred Purse Fund, which shall be
26created as a non-appropriated trust fund administered by the

 

 

HB2942- 44 -LRB101 08941 SMS 54031 b

1Board, for grants to the standardbred organization licensees
2for payment of purses for standardbred horse races conducted by
3the organization licensee. Thoroughbred organization licensees
4may petition the Board to conduct quarter horse racing and
5receive purse grants from the Quarter Horse Purse Fund. The
6Board shall have complete discretion in distributing the
7Quarter Horse Purse Fund to the petitioning organization
8licensees. Beginning on July 26, 2010 (the effective date of
9Public Act 96-1287), a pari-mutuel tax at the rate of 0.75% of
10the daily pari-mutuel handle is imposed at a pari-mutuel
11facility whose license is derived from a track located in a
12county that borders the Mississippi River and conducted live
13racing in the previous year. The pari-mutuel tax imposed by
14this subsection (a-5) shall be remitted to the Department of
15Revenue within 48 hours after the close of the racing day upon
16which it is assessed or within such other time as the Board
17prescribes.
18    (b) On or before December 31, 1999, in the event that any
19organization licensee conducts 2 separate programs of races on
20any day, each such program shall be considered a separate
21racing day for purposes of determining the daily handle and
22computing the privilege tax on such daily handle as provided in
23subsection (a) of this Section.
24    (c) Licensees shall at all times keep accurate books and
25records of all monies wagered on each day of a race meeting and
26of the taxes paid to the Department of Revenue under the

 

 

HB2942- 45 -LRB101 08941 SMS 54031 b

1provisions of this Section. The Board or its duly authorized
2representative or representatives shall at all reasonable
3times have access to such records for the purpose of examining
4and checking the same and ascertaining whether the proper
5amount of taxes is being paid as provided. The Board shall
6require verified reports and a statement of the total of all
7monies wagered daily at each wagering facility upon which the
8taxes are assessed and may prescribe forms upon which such
9reports and statement shall be made.
10    (d) Any licensee failing or refusing to pay the amount of
11any tax due under this Section shall be guilty of a business
12offense and upon conviction shall be fined not more than $5,000
13in addition to the amount found due as tax under this Section.
14Each day's violation shall constitute a separate offense. All
15fines paid into Court by a licensee hereunder shall be
16transmitted and paid over by the Clerk of the Court to the
17Board.
18    (e) No other license fee, privilege tax, excise tax, or
19racing fee, except as provided in this Act, shall be assessed
20or collected from any such licensee by the State.
21    (f) No other license fee, privilege tax, excise tax or
22racing fee shall be assessed or collected from any such
23licensee by units of local government except as provided in
24paragraph 10.1 of subsection (h) and subsection (f) of Section
2526 of this Act. However, any municipality that has a Board
26licensed horse race meeting at a race track wholly within its

 

 

HB2942- 46 -LRB101 08941 SMS 54031 b

1corporate boundaries or a township that has a Board licensed
2horse race meeting at a race track wholly within the
3unincorporated area of the township may charge a local
4amusement tax not to exceed 10¢ per admission to such horse
5race meeting by the enactment of an ordinance. However, any
6municipality or county that has a Board licensed inter-track
7wagering location facility wholly within its corporate
8boundaries may each impose an admission fee not to exceed $1.00
9per admission to such inter-track wagering location facility,
10so that a total of not more than $2.00 per admission may be
11imposed. Except as provided in subparagraph (g) of Section 27
12of this Act, the inter-track wagering location licensee shall
13collect any and all such fees. Inter-track wagering location
14licensees must pay the admission fees required under this
15subsection (f) to the municipality and county no later than the
1620th of the month following the month such admission fees were
17imposed. and within 48 hours remit the fees to the Board, which
18shall, pursuant to rule, cause the fees to be distributed to
19the county or municipality.
20    (g) Notwithstanding any provision in this Act to the
21contrary, if in any calendar year the total taxes and fees
22required to be collected from licensees and distributed under
23this Act to all State and local governmental authorities
24exceeds the amount of such taxes and fees distributed to each
25State and local governmental authority to which each State and
26local governmental authority was entitled under this Act for

 

 

HB2942- 47 -LRB101 08941 SMS 54031 b

1calendar year 1994, then the first $11 million of that excess
2amount shall be allocated at the earliest possible date for
3distribution as purse money for the succeeding calendar year.
4Upon reaching the 1994 level, and until the excess amount of
5taxes and fees exceeds $11 million, the Board shall direct all
6licensees to cease paying the subject taxes and fees and the
7Board shall direct all licensees to allocate any such excess
8amount for purses as follows:
9        (i) the excess amount shall be initially divided
10    between thoroughbred and standardbred purses based on the
11    thoroughbred's and standardbred's respective percentages
12    of total Illinois live wagering in calendar year 1994;
13        (ii) each thoroughbred and standardbred organization
14    licensee issued an organization licensee in that
15    succeeding allocation year shall be allocated an amount
16    equal to the product of its percentage of total Illinois
17    live thoroughbred or standardbred wagering in calendar
18    year 1994 (the total to be determined based on the sum of
19    1994 on-track wagering for all organization licensees
20    issued organization licenses in both the allocation year
21    and the preceding year) multiplied by the total amount
22    allocated for standardbred or thoroughbred purses,
23    provided that the first $1,500,000 of the amount allocated
24    to standardbred purses under item (i) shall be allocated to
25    the Department of Agriculture to be expended with the
26    assistance and advice of the Illinois Standardbred

 

 

HB2942- 48 -LRB101 08941 SMS 54031 b

1    Breeders Funds Advisory Board for the purposes listed in
2    subsection (g) of Section 31 of this Act, before the amount
3    allocated to standardbred purses under item (i) is
4    allocated to standardbred organization licensees in the
5    succeeding allocation year.
6    To the extent the excess amount of taxes and fees to be
7collected and distributed to State and local governmental
8authorities exceeds $11 million, that excess amount shall be
9collected and distributed to State and local authorities as
10provided for under this Act.
11(Source: P.A. 99-756, eff. 8-12-16; 100-627, eff. 7-20-18.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.