093_HB2920

 
                                     LRB093 06326 LRD 06445 b

 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 Sections 26 and 26.2 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
 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
 
                            -2-      LRB093 06326 LRD 06445 b
 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
 
                            -3-      LRB093 06326 LRD 06445 b
 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
 
                            -4-      LRB093 06326 LRD 06445 b
 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
 
                            -5-      LRB093 06326 LRD 06445 b
 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-      LRB093 06326 LRD 06445 b
 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-      LRB093 06326 LRD 06445 b
 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
 
                            -8-      LRB093 06326 LRD 06445 b
 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-      LRB093 06326 LRD 06445 b
 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-     LRB093 06326 LRD 06445 b
 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
 
                            -11-     LRB093 06326 LRD 06445 b
 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).
 
                            -12-     LRB093 06326 LRD 06445 b
 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-     LRB093 06326 LRD 06445 b
 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-     LRB093 06326 LRD 06445 b
 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-     LRB093 06326 LRD 06445 b
 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-     LRB093 06326 LRD 06445 b
 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-     LRB093 06326 LRD 06445 b
 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-     LRB093 06326 LRD 06445 b
 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-     LRB093 06326 LRD 06445 b
 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  paragraph  (10) of this subsection (h), this Act each
23        inter-track wagering location licensee shall pay (i)  the
24        privilege  or  pari-mutuel  tax  to the State; (ii) 6.75%
25        4.75% of the pari-mutuel handle on intertrack wagering at
26        such  location  on  races  as  purses,  except  that   an
27        intertrack  wagering  location  licensee that derives its
28        license  from  a  track  located  in  a  county  with   a
29        population  in  excess  of  230,000  and that borders the
30        Mississippi River shall retain all purse moneys  for  its
31        own  purse account consistent with distribution set forth
32        in this subsection (h), and intertrack wagering  location
33        licensees  that  accept  wagers  on races conducted by an
34        organization  licensee  located  in  a  county   with   a
 
                            -20-     LRB093 06326 LRD 06445 b
 1        population  in  excess  of  230,000  and that borders the
 2        Mississippi River shall distribute all  purse  moneys  to
 3        purses  at  the operating host track; (iii) until January
 4        1, 2000, except as provided in subsection (g) of  Section
 5        27  of  this Act, 1% of the pari-mutuel handle wagered on
 6        inter-track  wagering  and  simulcast  wagering  at  each
 7        inter-track wagering location licensee  facility  to  the
 8        Horse  Racing  Tax Allocation Fund, provided that, to the
 9        extent the total amount collected and distributed to  the
10        Horse  Racing  Tax  Allocation Fund under this subsection
11        (h) during any calendar year exceeds the amount collected
12        and distributed to the Horse Racing Tax  Allocation  Fund
13        during  calendar  year  1994, that excess amount shall be
14        redistributed (I) to all  inter-track  wagering  location
15        licensees, based on each licensee's pro-rata share of the
16        total  handle  from  inter-track  wagering  and simulcast
17        wagering for all inter-track wagering location  licensees
18        during  the  calendar  year  in  which  this provision is
19        applicable; then (II) the amounts redistributed  to  each
20        inter-track  wagering  location  licensee as described in
21        subpart (I) shall be further redistributed as provided in
22        subparagraph (B) of paragraph (5) of  subsection  (g)  of
23        this  Section 26 provided first, that the shares of those
24        amounts, which are to be redistributed to the host  track
25        or  to purses at the host track under subparagraph (B) of
26        paragraph (5) of subsection (g) of this Section 26  shall
27        be  redistributed  based  on  each  host track's pro rata
28        share of the total  inter-track  wagering  and  simulcast
29        wagering  handle  at  all host tracks during the calendar
30        year  in  question,  and   second,   that   any   amounts
31        redistributed  as described in part (I) to an inter-track
32        wagering location licensee that accepts wagers  on  races
33        conducted  by  an  organization  licensee that conducts a
34        race meet in a county with  a  population  in  excess  of
 
                            -21-     LRB093 06326 LRD 06445 b
 1        230,000  and  that borders the Mississippi River shall be
 2        further redistributed as provided  in  subparagraphs  (D)
 3        and  (E)  of  paragraph  (7)  of  subsection  (g) of this
 4        Section  26,   with   the   portion   of   that   further
 5        redistribution  allocated  to purses at that organization
 6        licensee to be divided between  standardbred  purses  and
 7        thoroughbred   purses  based  on  the  amounts  otherwise
 8        allocated to purses at that organization licensee  during
 9        the  calendar year in question;  and (iv) 6.75% 8% of the
10        pari-mutuel handle on  inter-track  wagering  wagered  at
11        such  location  to  satisfy  all  costs  and  expenses of
12        conducting its wagering.  The  remainder  of  the  monies
13        retained  by  the  inter-track wagering location licensee
14        shall be allocated 40% to the location licensee  and  60%
15        to  the organization licensee which provides the Illinois
16        races to the location, except that an intertrack wagering
17        location licensee that derives its license from  a  track
18        located  in  a  county  with  a  population  in excess of
19        230,000 and that borders the Mississippi River shall  not
20        divide  any  remaining  retention  with  the organization
21        licensee  that  provides  the  race  or  races   and   an
22        intertrack wagering location licensee that accepts wagers
23        on  races  conducted  by  an  organization  licensee that
24        conducts a race meet in a county  with  a  population  in
25        excess  of 230,000 and that borders the Mississippi River
26        shall  not  divide  any  remaining  retention  with   the
27        organization  licensee. Notwithstanding the provisions of
28        clauses (ii) and (iv) of this paragraph, in the  case  of
29        the  additional  inter-track  wagering  location licenses
30        authorized under paragraph (1) of this subsection (h)  by
31        this  amendatory  Act  of 1991, those licensees shall pay
32        6.75% of the pari-mutuel handle the following amounts  as
33        purses.  :  during the first 12 months the licensee is in
34        operation, 5.25% of the pari-mutuel handle wagered at the
 
                            -22-     LRB093 06326 LRD 06445 b
 1        location on races; during the second  12  months,  5.25%;
 2        during  the  third 12 months, 5.75%; during the fourth 12
 3        months,  6.25%;  and  during  the  fifth  12  months  and
 4        thereafter,  6.75%.  The  following  amounts   shall   be
 5        retained  by  The  licensee  shall  retain  6.75%  of the
 6        pari-mutuel handle to satisfy all costs and  expenses  of
 7        conducting its wagering. : during the first 12 months the
 8        licensee is in operation, 8.25% of the pari-mutuel handle
 9        wagered  at  the  location;  during the second 12 months,
10        8.25%; during the third  12  months,  7.75%;  during  the
11        fourth  12  months, 7.25%; and during the fifth 12 months
12        and thereafter, 6.75%. For additional intertrack wagering
13        location licensees authorized under this  amendatory  Act
14        of  1995, after all taxes are paid, of the remainder, 50%
15        shall be retained by the licensee and 50% shall  be  paid
16        to purses. purses for the first 12 months the licensee is
17        in operation shall be 5.75% of the pari-mutuel wagered at
18        the  location,  purses  for  the  second  12  months  the
19        licensee  is  in  operation  shall  be  6.25%, and purses
20        thereafter shall be  6.75%.   For  additional  intertrack
21        location  licensees  authorized under this amendatory Act
22        of 1995, the licensee  shall  be  allowed  to  retain  to
23        satisfy  all costs and expenses: 7.75% of the pari-mutuel
24        handle wagered at the location during its first 12 months
25        of operation,  7.25%  during  its  second  12  months  of
26        operation, and 6.75% thereafter.
27             (C)  There  is  hereby  created the Horse Racing Tax
28        Allocation Fund which shall  remain  in  existence  until
29        December  31,  1999.   Moneys remaining in the Fund after
30        December 31, 1999 shall be paid into the General  Revenue
31        Fund.   Until  January  1, 2000, all monies paid into the
32        Horse  Racing  Tax  Allocation  Fund  pursuant  to   this
33        paragraph (11) by inter-track wagering location licensees
34        located  in park districts of 500,000 population or less,
 
                            -23-     LRB093 06326 LRD 06445 b
 1        or in a municipality that is not included within any park
 2        district but is included within a  conservation  district
 3        and is the county seat of a county that (i) is contiguous
 4        to the state of Indiana and (ii) has a 1990 population of
 5        88,257  according  to  the  United  States  Bureau of the
 6        Census, and operating on May 1, 1994 shall  be  allocated
 7        by appropriation as follows:
 8                  Two-sevenths  to the Department of Agriculture.
 9             Fifty percent of this two-sevenths shall be used  to
10             promote  the  Illinois  horse  racing  and  breeding
11             industry, and shall be distributed by the Department
12             of   Agriculture  upon  the  advice  of  a  9-member
13             committee appointed by the  Governor  consisting  of
14             the  following members: the Director of Agriculture,
15             who shall serve as chairman;  2  representatives  of
16             organization  licensees conducting thoroughbred race
17             meetings  in  this  State,  recommended   by   those
18             licensees;   2   representatives   of   organization
19             licensees  conducting  standardbred race meetings in
20             this  State,  recommended  by  those  licensees;   a
21             representative of the Illinois Thoroughbred Breeders
22             and   Owners   Foundation,   recommended   by   that
23             Foundation;   a   representative   of  the  Illinois
24             Standardbred  Owners   and   Breeders   Association,
25             recommended by that Association; a representative of
26             the Horsemen's Benevolent and Protective Association
27             or any successor organization thereto established in
28             Illinois  comprised  of the largest number of owners
29             and trainers, recommended  by  that  Association  or
30             that successor organization; and a representative of
31             the   Illinois   Harness   Horsemen's   Association,
32             recommended  by that Association.  Committee members
33             shall serve for terms of 2 years, commencing January
34             1 of each even-numbered year.  If  a  representative
 
                            -24-     LRB093 06326 LRD 06445 b
 1             of  any  of  the  above-named  entities has not been
 2             recommended by January 1 of any even-numbered  year,
 3             the  Governor  shall  appoint  a committee member to
 4             fill that position.  Committee members shall receive
 5             no compensation for their services  as  members  but
 6             shall  be  reimbursed  for  all actual and necessary
 7             expenses   and   disbursements   incurred   in   the
 8             performance of their official duties.  The remaining
 9             50% of this two-sevenths  shall  be  distributed  to
10             county  fairs for premiums and rehabilitation as set
11             forth in the Agricultural Fair Act;
12                  Four-sevenths    to    park    districts     or
13             municipalities  that  do not have a park district of
14             500,000 population or less for museum  purposes  (if
15             an inter-track wagering location licensee is located
16             in   such   a  park  district)  or  to  conservation
17             districts for museum  purposes  (if  an  inter-track
18             wagering   location   licensee   is   located  in  a
19             municipality that is not included  within  any  park
20             district  but  is  included  within  a  conservation
21             district and is the county seat of a county that (i)
22             is contiguous to the state of Indiana and (ii) has a
23             1990  population  of  88,257 according to the United
24             States Bureau of the  Census,  except  that  if  the
25             conservation  district  does  not maintain a museum,
26             the monies shall be allocated  equally  between  the
27             county and the municipality in which the inter-track
28             wagering  location  licensee  is located for general
29             purposes) or to a  municipal  recreation  board  for
30             park  purposes  (if an inter-track wagering location
31             licensee is located in a municipality  that  is  not
32             included   within   any   park   district  and  park
33             maintenance  is  the  function  of   the   municipal
34             recreation  board  and  the  municipality has a 1990
 
                            -25-     LRB093 06326 LRD 06445 b
 1             population of 9,302 according to the  United  States
 2             Bureau  of the Census); provided that the monies are
 3             distributed to each park  district  or  conservation
 4             district  or  municipality that does not have a park
 5             district in an amount equal to four-sevenths of  the
 6             amount   collected   by  each  inter-track  wagering
 7             location  licensee  within  the  park  district   or
 8             conservation  district or municipality for the Fund.
 9             Monies that were paid  into  the  Horse  Racing  Tax
10             Allocation  Fund  before  the effective date of this
11             amendatory Act of 1991 by  an  inter-track  wagering
12             location  licensee located in a municipality that is
13             not  included  within  any  park  district  but   is
14             included  within a conservation district as provided
15             in this paragraph  shall,  as  soon  as  practicable
16             after  the  effective date of this amendatory Act of
17             1991, be allocated and  paid  to  that  conservation
18             district  as  provided  in  this paragraph. Any park
19             district or municipality not  maintaining  a  museum
20             may  deposit the monies in the corporate fund of the
21             park district or municipality where the  inter-track
22             wagering location is located, to be used for general
23             purposes; and
24                  One-seventh to the Agricultural Premium Fund to
25             be   used  for  distribution  to  agricultural  home
26             economics extension councils in accordance with  "An
27             Act  in  relation to additional support and finances
28             for the Agricultural  and  Home  Economic  Extension
29             Councils  in  the several counties of this State and
30             making an appropriation therefor", approved July 24,
31             1967.
32             Until January 1, 2000, all other  monies  paid  into
33        the  Horse  Racing  Tax  Allocation Fund pursuant to this
34        paragraph (11) shall be  allocated  by  appropriation  as
 
                            -26-     LRB093 06326 LRD 06445 b
 1        follows:
 2                  Two-sevenths  to the Department of Agriculture.
 3             Fifty percent of this two-sevenths shall be used  to
 4             promote  the  Illinois  horse  racing  and  breeding
 5             industry, and shall be distributed by the Department
 6             of   Agriculture  upon  the  advice  of  a  9-member
 7             committee appointed by the  Governor  consisting  of
 8             the  following members: the Director of Agriculture,
 9             who shall serve as chairman;  2  representatives  of
10             organization  licensees conducting thoroughbred race
11             meetings  in  this  State,  recommended   by   those
12             licensees;   2   representatives   of   organization
13             licensees  conducting  standardbred race meetings in
14             this  State,  recommended  by  those  licensees;   a
15             representative of the Illinois Thoroughbred Breeders
16             and   Owners   Foundation,   recommended   by   that
17             Foundation;   a   representative   of  the  Illinois
18             Standardbred  Owners   and   Breeders   Association,
19             recommended by that Association; a representative of
20             the Horsemen's Benevolent and Protective Association
21             or any successor organization thereto established in
22             Illinois  comprised  of the largest number of owners
23             and trainers, recommended  by  that  Association  or
24             that successor organization; and a representative of
25             the   Illinois   Harness   Horsemen's   Association,
26             recommended  by that Association.  Committee members
27             shall serve for terms of 2 years, commencing January
28             1 of each even-numbered year.  If  a  representative
29             of  any  of  the  above-named  entities has not been
30             recommended by January 1 of any even-numbered  year,
31             the  Governor  shall  appoint  a committee member to
32             fill that position.  Committee members shall receive
33             no compensation for their services  as  members  but
34             shall  be  reimbursed  for  all actual and necessary
 
                            -27-     LRB093 06326 LRD 06445 b
 1             expenses   and   disbursements   incurred   in   the
 2             performance of their official duties.  The remaining
 3             50% of this two-sevenths  shall  be  distributed  to
 4             county  fairs for premiums and rehabilitation as set
 5             forth in the Agricultural Fair Act;
 6                  Four-sevenths to museums and aquariums  located
 7             in   park  districts  of  over  500,000  population;
 8             provided  that  the  monies   are   distributed   in
 9             accordance  with the previous year's distribution of
10             the maintenance tax for such museums  and  aquariums
11             as  provided  in  Section  2  of  the  Park District
12             Aquarium and Museum Act; and
13                  One-seventh to the Agricultural Premium Fund to
14             be  used  for  distribution  to  agricultural   home
15             economics  extension councils in accordance with "An
16             Act in relation to additional support  and  finances
17             for  the  Agricultural  and  Home Economic Extension
18             Councils in the several counties of this  State  and
19             making an appropriation therefor", approved July 24,
20             1967. This subparagraph (C) shall be inoperative and
21             of no force and effect on and after January 1, 2000.
22                  (D)  Except  as  provided  in paragraph (11) of
23             this  subsection  (h),   with   respect   to   purse
24             allocation  from  intertrack wagering, the monies so
25             retained shall be divided as follows:
26                       (i)  If the inter-track wagering licensee,
27                  except an  intertrack  wagering  licensee  that
28                  derives   its   license  from  an  organization
29                  licensee located in a county with a  population
30                  in   excess  of  230,000  and  bounded  by  the
31                  Mississippi River, is not  conducting  its  own
32                  race  meeting  during  the same dates, then the
33                  entire purse allocation shall be to  purses  at
34                  the  track where the races wagered on are being
 
                            -28-     LRB093 06326 LRD 06445 b
 1                  conducted.
 2                       (ii)  If    the    inter-track    wagering
 3                  licensee,   except   an   intertrack   wagering
 4                  licensee  that  derives  its  license  from  an
 5                  organization licensee located in a county  with
 6                  a  population  in excess of 230,000 and bounded
 7                  by the Mississippi River,  is  also  conducting
 8                  its  own  race  meeting  during the same dates,
 9                  then the purse allocation shall be as  follows:
10                  50%  to  purses  at  the  track where the races
11                  wagered on are being conducted; 50%  to  purses
12                  at  the  track  where  the inter-track wagering
13                  licensee is accepting such wagers.
14                       (iii)  If  the  inter-track  wagering   is
15                  being  conducted  by  an  inter-track  wagering
16                  location   licensee,   except   an   intertrack
17                  wagering  location  licensee  that  derives its
18                  license from an organization  licensee  located
19                  in  a  county  with  a  population in excess of
20                  230,000 and bounded by the  Mississippi  River,
21                  the  entire purse allocation for Illinois races
22                  shall be to purses at the track where the  race
23                  meeting being wagered on is being held.
24             (12)  The  Board shall have all powers necessary and
25        proper to fully supervise  and  control  the  conduct  of
26        inter-track    wagering   and   simulcast   wagering   by
27        inter-track wagering licensees and  inter-track  wagering
28        location  licensees,  including,  but  not limited to the
29        following:
30                  (A)  The  Board  is  vested   with   power   to
31             promulgate  reasonable rules and regulations for the
32             purpose  of  administering  the  conduct   of   this
33             wagering   and   to   prescribe   reasonable  rules,
34             regulations and conditions under which such wagering
 
                            -29-     LRB093 06326 LRD 06445 b
 1             shall  be  held  and  conducted.   Such  rules   and
 2             regulations  are  to  provide  for the prevention of
 3             practices detrimental to the public interest and for
 4             the best interests of said wagering  and  to  impose
 5             penalties for violations thereof.
 6                  (B)  The  Board,  and  any person or persons to
 7             whom it delegates this power,  is  vested  with  the
 8             power  to  enter  the  facilities of any licensee to
 9             determine whether there has been compliance with the
10             provisions of this Act and the rules and regulations
11             relating to the conduct of such wagering.
12                  (C)  The Board, and any person  or  persons  to
13             whom  it  delegates this power, may eject or exclude
14             from any licensee's  facilities,  any  person  whose
15             conduct  or  reputation is such that his presence on
16             such premises may, in the opinion of the Board, call
17             into the question the honesty and integrity  of,  or
18             interfere with the orderly conduct of such wagering;
19             provided,  however, that no person shall be excluded
20             or ejected from such premises solely on the  grounds
21             of race, color, creed, national origin, ancestry, or
22             sex.
23                  (D)  (Blank).
24                  (E)  The  Board  is  vested  with  the power to
25             appoint delegates  to  execute  any  of  the  powers
26             granted  to it under this Section for the purpose of
27             administering  this  wagering  and  any  rules   and
28             regulations promulgated in accordance with this Act.
29                  (F)  The  Board  shall name and appoint a State
30             director  of  this   wagering   who   shall   be   a
31             representative  of the Board and whose duty it shall
32             be to supervise the conduct of inter-track  wagering
33             as  may be provided for by the rules and regulations
34             of  the  Board;  such  rules  and  regulation  shall
 
                            -30-     LRB093 06326 LRD 06445 b
 1             specify the method of appointment and the Director's
 2             powers, authority and duties.
 3                  (G)  The Board is  vested  with  the  power  to
 4             impose  civil  penalties  of  up  to  $5,000 against
 5             individuals and up to $10,000 against licensees  for
 6             each violation of any provision of this Act relating
 7             to  the  conduct of this wagering, any rules adopted
 8             by the Board, any order of the Board  or  any  other
 9             action   which  in  the  Board's  discretion,  is  a
10             detriment or impediment to such wagering.
11             (13)  The Department of Agriculture may  enter  into
12        agreements  with  licensees authorizing such licensees to
13        conduct inter-track wagering on races to be held  at  the
14        licensed  race  meetings  conducted  by the Department of
15        Agriculture.   Such agreement shall specify the races  of
16        the  Department  of  Agriculture's  licensed race meeting
17        upon which the licensees will conduct wagering.   In  the
18        event  that  a  licensee conducts inter-track pari-mutuel
19        wagering on races from the Illinois State Fair or DuQuoin
20        State Fair  which  are  in  addition  to  the  licensee's
21        previously  approved racing program, those races shall be
22        considered a separate  racing  day  for  the  purpose  of
23        determining  the daily handle and computing the privilege
24        or pari-mutuel tax on that daily handle  as  provided  in
25        Sections  27 and 27.1.  Such agreements shall be approved
26        by the Board before such wagering may be  conducted.   In
27        determining  whether  to  grant approval, the Board shall
28        give due consideration  to  the  best  interests  of  the
29        public  and of horse racing. The provisions of paragraphs
30        (1), (8), (8.1), and (8.2)  of  subsection  (h)  of  this
31        Section  which  are  not specified in this paragraph (13)
32        shall not apply to licensed race  meetings  conducted  by
33        the  Department of Agriculture at the Illinois State Fair
34        in Sangamon County or the DuQuoin  State  Fair  in  Perry
 
                            -31-     LRB093 06326 LRD 06445 b
 1        County,  or  to  any  wagering  conducted  on  those race
 2        meetings.
 3        (i)  Notwithstanding the other provisions  of  this  Act,
 4    the  conduct of wagering at wagering facilities is authorized
 5    on all days, except as limited by subsection (b)  of  Section
 6    19 of this Act.
 7    (Source: P.A. 91-40, eff. 6-25-99; 92-211, eff. 8-2-01.)

 8        (230 ILCS 5/26.2) (from Ch. 8, par. 37-26.2)
 9        Sec.    26.2.    Multiple   wager   amounts;   retention;
10    allocation.
11        (a)  In addition to  the  amount  retained  by  licensees
12    pursuant   to   Section  26,  each  licensee  may  retain  an
13    additional amount up to 3 1/2% of the amount wagered  on  all
14    multiple  wagers  plus  an  additional amount up to 8% of the
15    amount wagered on any other multiple wager  that  involves  a
16    single betting interest on 3 or more horses.
17        (b)  Amounts   retained  by  organization  licensees  and
18    inter-track wagering licensees on all forms of wagering shall
19    be allocated, after payment of  applicable  State  and  local
20    taxes  among  organization  licensees,  inter-track  wagering
21    licensees,  and  purses  as  set  forth  in  paragraph (5) of
22    subsection (g) of Section 26, subparagraph (A)  of  paragraph
23    (11)  of  subsection (h) of Section 26, and subsection (a) of
24    Section 29 of this Act.
25        (c)  Amounts retained  by  intertrack  wagering  location
26    licensees  under  this Section on all forms of wagering shall
27    be allocated, after payment of  applicable  State  and  local
28    taxes,  50%  to  purses  and 50% among organization licensees
29    and, intertrack wagering location licensees,  and  purses  as
30    set  forth in paragraph 5 of subsection (g) of Section 26 and
31    subparagraph (B) of  paragraph  (11)  of  subsection  (h)  of
32    Section 26.
33    (Source: P.A. 89-16, eff. 5-30-95.)
 
                            -32-     LRB093 06326 LRD 06445 b
 1        Section  99.  Effective date.  This Act takes effect upon
 2    becoming law.