HB0665 Engrossed LRB094 06756 AMC 36858 b

1     AN ACT concerning gaming.
 
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 amended
5 by changing Section 26 as follows:
 
6     (230 ILCS 5/26)  (from Ch. 8, par. 37-26)
7     Sec. 26. Wagering.
8     (a) Any licensee may conduct and supervise the pari-mutuel
9 system of wagering, as defined in Section 3.12 of this Act, on
10 horse races conducted by an Illinois organization licensee or
11 conducted at a racetrack located in another state or country
12 and televised in Illinois in accordance with subsection (g) of
13 Section 26 of this Act. Subject to the prior consent of the
14 Board, licensees may supplement any pari-mutuel pool in order
15 to guarantee a minimum distribution. Such pari-mutuel method of
16 wagering shall not, under any circumstances if conducted under
17 the provisions of this Act, be held or construed to be
18 unlawful, other statutes of this State to the contrary
19 notwithstanding. Subject to rules for advance wagering
20 promulgated by the Board, any licensee may accept wagers in
21 advance of the day of the race wagered upon occurs.
22     (b) No other method of betting, pool making, wagering or
23 gambling shall be used or permitted by the licensee. Each
24 licensee may retain, subject to the payment of all applicable
25 taxes and purses, an amount not to exceed 17% of all money
26 wagered under subsection (a) of this Section, except as may
27 otherwise be permitted under this Act.
28     (b-5) An individual may place a wager under the pari-mutuel
29 system from any licensed location authorized under this Act
30 provided that wager is electronically recorded in the manner
31 described in Section 3.12 of this Act. Any wager made
32 electronically by an individual while physically on the

 

 

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1 premises of a licensee shall be deemed to have been made at the
2 premises of that licensee.
3     (c) Until January 1, 2000, the sum held by any licensee for
4 payment of outstanding pari-mutuel tickets, if unclaimed prior
5 to December 31 of the next year, shall be retained by the
6 licensee for payment of such tickets until that date. Within 10
7 days thereafter, the balance of such sum remaining unclaimed,
8 less any uncashed supplements contributed by such licensee for
9 the purpose of guaranteeing minimum distributions of any
10 pari-mutuel pool, shall be paid to the Illinois Veterans'
11 Rehabilitation Fund of the State treasury, except as provided
12 in subsection (g) of Section 27 of this Act.
13     (c-5) Until Beginning January 1, 2005 2000, the sum held by
14 any licensee for payment of outstanding pari-mutuel tickets, if
15 unclaimed prior to December 31 of the next year, shall be
16 retained by the licensee for payment of such tickets until that
17 date. Within 10 days thereafter, the balance of such sum
18 remaining unclaimed, less any uncashed supplements contributed
19 by such licensee for the purpose of guaranteeing minimum
20 distributions of any pari-mutuel pool, shall be evenly
21 distributed to the purse account of the organization licensee
22 and the organization licensee.
23     (c-7) On and after January 1, 2005, the sum held by any
24 licensee for payment of outstanding pari-mutuel tickets, if
25 unclaimed prior to December 31 of the next year, shall be
26 retained for payment of such tickets until that date by the
27 organization licensee or inter-track wagering licensee at
28 which the wagers were placed and, in the case of an inter-track
29 wagering location licensee, by the organization licensee from
30 which the inter-track wagering location license is derived.
31 Within 10 days thereafter, the balance of such sum remaining
32 unclaimed, less any uncashed supplements contributed by such
33 licensee for the purpose of guaranteeing minimum distributions
34 of any pari-mutuel pool, shall be evenly distributed to the
35 purse account of the organization licensee and the organization
36 licensee.

 

 

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1     (d) A pari-mutuel ticket shall be honored until December 31
2 of the next calendar year, and the licensee shall pay the same
3 and may charge the amount thereof against unpaid money
4 similarly accumulated on account of pari-mutuel tickets not
5 presented for payment.
6     (e) No licensee shall knowingly permit any minor, other
7 than an employee of such licensee or an owner, trainer, jockey,
8 driver, or employee thereof, to be admitted during a racing
9 program unless accompanied by a parent or guardian, or any
10 minor to be a patron of the pari-mutuel system of wagering
11 conducted or supervised by it. The admission of any
12 unaccompanied minor, other than an employee of the licensee or
13 an owner, trainer, jockey, driver, or employee thereof at a
14 race track is a Class C misdemeanor.
15     (f) Notwithstanding the other provisions of this Act, an
16 organization licensee may contract with an entity in another
17 state or country to permit any legal wagering entity in another
18 state or country to accept wagers solely within such other
19 state or country on races conducted by the organization
20 licensee in this State. Beginning January 1, 2000, these wagers
21 shall not be subject to State taxation. Until January 1, 2000,
22 when the out-of-State entity conducts a pari-mutuel pool
23 separate from the organization licensee, a privilege tax equal
24 to 7 1/2% of all monies received by the organization licensee
25 from entities in other states or countries pursuant to such
26 contracts is imposed on the organization licensee, and such
27 privilege tax shall be remitted to the Department of Revenue
28 within 48 hours of receipt of the moneys from the simulcast.
29 When the out-of-State entity conducts a combined pari-mutuel
30 pool with the organization licensee, the tax shall be 10% of
31 all monies received by the organization licensee with 25% of
32 the receipts from this 10% tax to be distributed to the county
33 in which the race was conducted.
34     An organization licensee may permit one or more of its
35 races to be utilized for pari-mutuel wagering at one or more
36 locations in other states and may transmit audio and visual

 

 

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1 signals of races the organization licensee conducts to one or
2 more locations outside the State or country and may also permit
3 pari-mutuel pools in other states or countries to be combined
4 with its gross or net wagering pools or with wagering pools
5 established by other states.
6     (g) A host track may accept interstate simulcast wagers on
7 horse races conducted in other states or countries and shall
8 control the number of signals and types of breeds of racing in
9 its simulcast program, subject to the disapproval of the Board.
10 The Board may prohibit a simulcast program only if it finds
11 that the simulcast program is clearly adverse to the integrity
12 of racing. The host track simulcast program shall include the
13 signal of live racing of all organization licensees. All
14 non-host licensees shall carry the host track simulcast program
15 and accept wagers on all races included as part of the
16 simulcast program upon which wagering is permitted. The costs
17 and expenses of the host track and non-host licensees
18 associated with interstate simulcast wagering, other than the
19 interstate commission fee, shall be borne by the host track and
20 all non-host licensees incurring these costs. The interstate
21 commission fee shall not exceed 5% of Illinois handle on the
22 interstate simulcast race or races without prior approval of
23 the Board. The Board shall promulgate rules under which it may
24 permit interstate commission fees in excess of 5%. The
25 interstate commission fee and other fees charged by the sending
26 racetrack, including, but not limited to, satellite decoder
27 fees, shall be uniformly applied to the host track and all
28 non-host licensees.
29         (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
30     intertrack wagering licensee other than the host track may
31     supplement the host track simulcast program with
32     additional simulcast races or race programs, provided that
33     between January 1 and the third Friday in February of any
34     year, inclusive, if no live thoroughbred racing is
35     occurring in Illinois during this period, only
36     thoroughbred races may be used for supplemental interstate

 

 

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

 

 

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1     combine its gross or net pools with pools at the sending
2     racetracks pursuant to rules established by the Board. All
3     licensees combining their gross pools at a sending
4     racetrack shall adopt the take-out percentages of the
5     sending racetrack. A licensee may also establish a separate
6     pool and takeout structure for wagering purposes on races
7     conducted at race tracks outside of the State of Illinois.
8     The licensee may permit pari-mutuel wagers placed in other
9     states or countries to be combined with its gross or net
10     wagering pools or other wagering pools.
11         (5) After the payment of the interstate commission fee
12     (except for the interstate commission fee on a supplemental
13     interstate simulcast, which shall be paid by the host track
14     and by each non-host licensee through the host-track) and
15     all applicable State and local taxes, except as provided in
16     subsection (g) of Section 27 of this Act, the remainder of
17     moneys retained from simulcast wagering pursuant to this
18     subsection (g), and Section 26.2 shall be divided as
19     follows:
20             (A) For interstate simulcast wagers made at a host
21         track, 50% to the host track and 50% to purses at the
22         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 races
26         conducted outside of the State of Illinois made at a
27         non-host licensee, 25% to the host track, 25% to the
28         non-host licensee, and 50% to the purses at the host
29         track.
30         (6) Notwithstanding any provision in this Act to the
31     contrary, non-host licensees who derive their licenses
32     from a track located in a county with a population in
33     excess of 230,000 and that borders the Mississippi River
34     may receive supplemental interstate simulcast races at all
35     times subject to Board approval, which shall be withheld
36     only upon a finding that a supplemental interstate

 

 

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1     simulcast is clearly adverse to the integrity of racing.
2         (7) Notwithstanding any provision of this Act to the
3     contrary, after payment of all applicable State and local
4     taxes and interstate commission fees, non-host licensees
5     who derive their licenses from a track located in a county
6     with a population in excess of 230,000 and that borders the
7     Mississippi River shall retain 50% of the retention from
8     interstate simulcast wagers and, on or after the effective
9     date of this amendatory Act of the 94th General Assembly,
10     50% of the sum held for unclaimed tickets as described in
11     subsection (c-7) of Section 26 and shall pay 50% of each to
12     purses at the track from which the non-host licensee
13     derives its license as follows:
14             (A) Between January 1 and the third Friday in
15         February, inclusive, if no live thoroughbred racing is
16         occurring in Illinois during this period, when the
17         interstate simulcast is a standardbred race, the purse
18         share to its standardbred purse account;
19             (B) Between January 1 and the third Friday in
20         February, inclusive, if no live thoroughbred racing is
21         occurring in Illinois during this period, and the
22         interstate simulcast is a thoroughbred race, the purse
23         share to its interstate simulcast purse pool to be
24         distributed under paragraph (10) of this subsection
25         (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 p.m.
29         the purse share from wagers made during this time
30         period to its thoroughbred purse account and between
31         6:30 p.m. and 6:30 a.m. the purse share from wagers
32         made during this time period to its standardbred purse
33         accounts;
34             (D) Between the third Saturday in February and
35         December 31, when the interstate simulcast occurs
36         between the hours of 6:30 a.m. and 6:30 p.m., the purse

 

 

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1         share to its thoroughbred purse account;
2             (E) Between the third Saturday in February and
3         December 31, when the interstate simulcast occurs
4         between the hours of 6:30 p.m. and 6:30 a.m., the purse
5         share to its standardbred purse account.
6         (7.1) Notwithstanding any other provision of this Act
7     to the contrary, if no standardbred racing is conducted at
8     a racetrack located in Madison County during any calendar
9     year beginning on or after January 1, 2002, all moneys
10     derived by that racetrack from simulcast wagering and
11     inter-track wagering that (1) are to be used for purses and
12     (2) are generated between the hours of 6:30 p.m. and 6:30
13     a.m. during that calendar year shall be paid as follows:
14             (A) If the licensee that conducts horse racing at
15         that racetrack requests from the Board at least as many
16         racing dates as were conducted in calendar year 2000,
17         80% shall be paid to its thoroughbred purse account;
18         and
19             (B) Twenty percent shall be deposited into the
20         Illinois Colt Stakes Purse Distribution Fund and shall
21         be paid to purses for standardbred races for Illinois
22         conceived and foaled horses conducted at any county
23         fairgrounds. The moneys deposited into the Fund
24         pursuant to this subparagraph (B) shall be deposited
25         within 2 weeks after the day they were generated, shall
26         be in addition to and not in lieu of any other moneys
27         paid to standardbred purses under this Act, and shall
28         not be commingled with other moneys paid into that
29         Fund. The moneys deposited pursuant to this
30         subparagraph (B) shall be allocated as provided by the
31         Department of Agriculture, with the advice and
32         assistance of the Illinois Standardbred Breeders Fund
33         Advisory Board.
34         (7.2) Notwithstanding any other provision of this Act
35     to the contrary, if no thoroughbred racing is conducted at
36     a racetrack located in Madison County during any calendar

 

 

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1     year beginning on or after January 1, 2002, all moneys
2     derived by that racetrack from simulcast wagering and
3     inter-track wagering that (1) are to be used for purses and
4     (2) are generated between the hours of 6:30 a.m. and 6:30
5     p.m. during that calendar year shall be deposited as
6     follows:
7             (A) If the licensee that conducts horse racing at
8         that racetrack requests from the Board at least as many
9         racing dates as were conducted in calendar year 2000,
10         80% shall be deposited into its standardbred purse
11         account; and
12             (B) Twenty percent shall be deposited into the
13         Illinois Colt Stakes Purse Distribution Fund. Moneys
14         deposited into the Illinois Colt Stakes Purse
15         Distribution Fund pursuant to this subparagraph (B)
16         shall be paid to Illinois conceived and foaled
17         thoroughbred breeders' programs and to thoroughbred
18         purses for races conducted at any county fairgrounds
19         for Illinois conceived and foaled horses at the
20         discretion of the Department of Agriculture, with the
21         advice and assistance of the Illinois Thoroughbred
22         Breeders Fund Advisory Board. The moneys deposited
23         into the Illinois Colt Stakes Purse Distribution Fund
24         pursuant to this subparagraph (B) shall be deposited
25         within 2 weeks after the day they were generated, shall
26         be in addition to and not in lieu of any other moneys
27         paid to thoroughbred purses under this Act, and shall
28         not be commingled with other moneys deposited into that
29         Fund.
30         (7.3) If no live standardbred racing is conducted at a
31     racetrack located in Madison County in calendar year 2000
32     or 2001, an organization licensee who is licensed to
33     conduct horse racing at that racetrack shall, before
34     January 1, 2002, pay all moneys derived from simulcast
35     wagering and inter-track wagering in calendar years 2000
36     and 2001 and paid into the licensee's standardbred purse

 

 

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1     account as follows:
2             (A) Eighty percent to that licensee's thoroughbred
3         purse account to be used for thoroughbred purses; and
4             (B) Twenty percent to the Illinois Colt Stakes
5         Purse Distribution Fund.
6         Failure to make the payment to the Illinois Colt Stakes
7     Purse Distribution Fund before January 1, 2002 shall result
8     in the immediate revocation of the licensee's organization
9     license, inter-track wagering license, and inter-track
10     wagering location license.
11         Moneys paid into the Illinois Colt Stakes Purse
12     Distribution Fund pursuant to this paragraph (7.3) shall be
13     paid to purses for standardbred races for Illinois
14     conceived and foaled horses conducted at any county
15     fairgrounds. Moneys paid into the Illinois Colt Stakes
16     Purse Distribution Fund pursuant to this paragraph (7.3)
17     shall be used as determined by the Department of
18     Agriculture, with the advice and assistance of the Illinois
19     Standardbred Breeders Fund Advisory Board, shall be in
20     addition to and not in lieu of any other moneys paid to
21     standardbred purses under this Act, and shall not be
22     commingled with any other moneys paid into that Fund.
23         (7.4) If live standardbred racing is conducted at a
24     racetrack located in Madison County at any time in calendar
25     year 2001 before the payment required under paragraph (7.3)
26     has been made, the organization licensee who is licensed to
27     conduct racing at that racetrack shall pay all moneys
28     derived by that racetrack from simulcast wagering and
29     inter-track wagering during calendar years 2000 and 2001
30     that (1) are to be used for purses and (2) are generated
31     between the hours of 6:30 p.m. and 6:30 a.m. during 2000 or
32     2001 to the standardbred purse account at that racetrack to
33     be used for standardbred purses.
34         (8) Notwithstanding any provision in this Act to the
35     contrary, an organization licensee from a track located in
36     a county with a population in excess of 230,000 and that

 

 

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1     borders the Mississippi River and its affiliated non-host
2     licensees shall not be entitled to share in any retention
3     generated on racing, inter-track wagering, or simulcast
4     wagering at any other Illinois wagering facility.
5         (8.1) Notwithstanding any provisions in this Act to the
6     contrary, if 2 organization licensees are conducting
7     standardbred race meetings concurrently between the hours
8     of 6:30 p.m. and 6:30 a.m., after payment of all applicable
9     State and local taxes and interstate commission fees, the
10     remainder of the amount retained from simulcast wagering
11     otherwise attributable to the host track and to host track
12     purses shall be split daily between the 2 organization
13     licensees and the purses at the tracks of the 2
14     organization licensees, respectively, based on each
15     organization licensee's share of the total live handle for
16     that day, provided that this provision shall not apply to
17     any non-host licensee that derives its license from a track
18     located in a county with a population in excess of 230,000
19     and that borders the Mississippi River.
20         (9) (Blank).
21         (10) (Blank).
22         (11) (Blank).
23         (12) The Board shall have authority to compel all host
24     tracks to receive the simulcast of any or all races
25     conducted at the Springfield or DuQuoin State fairgrounds
26     and include all such races as part of their simulcast
27     programs.
28         (13) Notwithstanding any other provision of this Act,
29     in the event that the total Illinois pari-mutuel handle on
30     Illinois horse races at all wagering facilities in any
31     calendar year is less than 75% of the total Illinois
32     pari-mutuel handle on Illinois horse races at all such
33     wagering facilities for calendar year 1994, then each
34     wagering facility that has an annual total Illinois
35     pari-mutuel handle on Illinois horse races that is less
36     than 75% of the total Illinois pari-mutuel handle on

 

 

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

 

 

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1     with the provisions of this Section.
2     (h) The Board may approve and license the conduct of
3 inter-track wagering and simulcast wagering by inter-track
4 wagering licensees and inter-track wagering location licensees
5 subject to the following terms and conditions:
6         (1) Any person licensed to conduct a race meeting (i)
7     at a track where 60 or more days of racing were conducted
8     during the immediately preceding calendar year or where
9     over the 5 immediately preceding calendar years an average
10     of 30 or more days of racing were conducted annually may be
11     issued an inter-track wagering license; (ii) at a track
12     located in a county that is bounded by the Mississippi
13     River, which has a population of less than 150,000
14     according to the 1990 decennial census, and an average of
15     at least 60 days of racing per year between 1985 and 1993
16     may be issued an inter-track wagering license; or (iii) at
17     a track located in Madison County that conducted at least
18     100 days of live racing during the immediately preceding
19     calendar year may be issued an inter-track wagering
20     license, unless a lesser schedule of live racing is the
21     result of (A) weather, unsafe track conditions, or other
22     acts of God; (B) an agreement between the organization
23     licensee and the associations representing the largest
24     number of owners, trainers, jockeys, or standardbred
25     drivers who race horses at that organization licensee's
26     racing meeting; or (C) a finding by the Board of
27     extraordinary circumstances and that it was in the best
28     interest of the public and the sport to conduct fewer than
29     100 days of live racing. Any such person having operating
30     control of the racing facility may also receive up to 6
31     inter-track wagering location licenses. In no event shall
32     more than 6 inter-track wagering locations be established
33     for each eligible race track, except that an eligible race
34     track located in a county that has a population of more
35     than 230,000 and that is bounded by the Mississippi River
36     may establish up to 7 inter-track wagering locations. An

 

 

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1     application for said license shall be filed with the Board
2     prior to such dates as may be fixed by the Board. With an
3     application for an inter-track wagering location license
4     there shall be delivered to the Board a certified check or
5     bank draft payable to the order of the Board for an amount
6     equal to $500. The application shall be on forms prescribed
7     and furnished by the Board. The application shall comply
8     with all other rules, regulations and conditions imposed by
9     the Board in connection therewith.
10         (2) The Board shall examine the applications with
11     respect to their conformity with this Act and the rules and
12     regulations imposed by the Board. If found to be in
13     compliance with the Act and rules and regulations of the
14     Board, the Board may then issue a license to conduct
15     inter-track wagering and simulcast wagering to such
16     applicant. All such applications shall be acted upon by the
17     Board at a meeting to be held on such date as may be fixed
18     by the Board.
19         (3) In granting licenses to conduct inter-track
20     wagering and simulcast wagering, the Board shall give due
21     consideration to the best interests of the public, of horse
22     racing, and of maximizing revenue to the State.
23         (4) Prior to the issuance of a license to conduct
24     inter-track wagering and simulcast wagering, the applicant
25     shall file with the Board a bond payable to the State of
26     Illinois in the sum of $50,000, executed by the applicant
27     and a surety company or companies authorized to do business
28     in this State, and conditioned upon (i) the payment by the
29     licensee of all taxes due under Section 27 or 27.1 and any
30     other monies due and payable under this Act, and (ii)
31     distribution by the licensee, upon presentation of the
32     winning ticket or tickets, of all sums payable to the
33     patrons of pari-mutuel pools.
34         (5) Each license to conduct inter-track wagering and
35     simulcast wagering shall specify the person to whom it is
36     issued, the dates on which such wagering is permitted, and

 

 

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1     the track or location where the wagering is to be
2     conducted.
3         (6) All wagering under such license is subject to this
4     Act and to the rules and regulations from time to time
5     prescribed by the Board, and every such license issued by
6     the Board shall contain a recital to that effect.
7         (7) An inter-track wagering licensee or inter-track
8     wagering location licensee may accept wagers at the track
9     or location where it is licensed, or as otherwise provided
10     under this Act.
11         (8) Inter-track wagering or simulcast wagering shall
12     not be conducted at any track less than 5 miles from a
13     track at which a racing meeting is in progress.
14         (8.1) Inter-track wagering location licensees who
15     derive their licenses from a particular organization
16     licensee shall conduct inter-track wagering and simulcast
17     wagering only at locations which are either within 90 miles
18     of that race track where the particular organization
19     licensee is licensed to conduct racing, or within 135 miles
20     of that race track where the particular organization
21     licensee is licensed to conduct racing in the case of race
22     tracks in counties of less than 400,000 that were operating
23     on or before June 1, 1986. However, inter-track wagering
24     and simulcast wagering shall not be conducted by those
25     licensees at any location within 5 miles of any race track
26     at which a horse race meeting has been licensed in the
27     current year, unless the person having operating control of
28     such race track has given its written consent to such
29     inter-track wagering location licensees, which consent
30     must be filed with the Board at or prior to the time
31     application is made.
32         (8.2) Inter-track wagering or simulcast wagering shall
33     not be conducted by an inter-track wagering location
34     licensee at any location within 500 feet of an existing
35     church or existing school, nor within 500 feet of the
36     residences of more than 50 registered voters without

 

 

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1     receiving written permission from a majority of the
2     registered voters at such residences. Such written
3     permission statements shall be filed with the Board. The
4     distance of 500 feet shall be measured to the nearest part
5     of any building used for worship services, education
6     programs, residential purposes, or conducting inter-track
7     wagering by an inter-track wagering location licensee, and
8     not to property boundaries. However, inter-track wagering
9     or simulcast wagering may be conducted at a site within 500
10     feet of a church, school or residences of 50 or more
11     registered voters if such church, school or residences have
12     been erected or established, or such voters have been
13     registered, after the Board issues the original
14     inter-track wagering location license at the site in
15     question. Inter-track wagering location licensees may
16     conduct inter-track wagering and simulcast wagering only
17     in areas that are zoned for commercial or manufacturing
18     purposes or in areas for which a special use has been
19     approved by the local zoning authority. However, no license
20     to conduct inter-track wagering and simulcast wagering
21     shall be granted by the Board with respect to any
22     inter-track wagering location within the jurisdiction of
23     any local zoning authority which has, by ordinance or by
24     resolution, prohibited the establishment of an inter-track
25     wagering location within its jurisdiction. However,
26     inter-track wagering and simulcast wagering may be
27     conducted at a site if such ordinance or resolution is
28     enacted after the Board licenses the original inter-track
29     wagering location licensee for the site in question.
30         (9) (Blank).
31         (10) An inter-track wagering licensee or an
32     inter-track wagering location licensee may retain, subject
33     to the payment of the privilege taxes and the purses, an
34     amount not to exceed 17% of all money wagered. Each program
35     of racing conducted by each inter-track wagering licensee
36     or inter-track wagering location licensee shall be

 

 

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1     considered a separate racing day for the purpose of
2     determining the daily handle and computing the privilege
3     tax or pari-mutuel tax on such daily handle as provided in
4     Section 27.
5         (10.1) Except as provided in subsection (g) of Section
6     27 of this Act, inter-track wagering location licensees
7     shall pay 1% of the pari-mutuel handle at each location to
8     the municipality in which such location is situated and 1%
9     of the pari-mutuel handle at each location to the county in
10     which such location is situated. In the event that an
11     inter-track wagering location licensee is situated in an
12     unincorporated area of a county, such licensee shall pay 2%
13     of the pari-mutuel handle from such location to such
14     county.
15         (10.2) Notwithstanding any other provision of this
16     Act, with respect to intertrack wagering at a race track
17     located in a county that has a population of more than
18     230,000 and that is bounded by the Mississippi River ("the
19     first race track"), or at a facility operated by an
20     inter-track wagering licensee or inter-track wagering
21     location licensee that derives its license from the
22     organization licensee that operates the first race track,
23     on races conducted at the first race track or on races
24     conducted at another Illinois race track and
25     simultaneously televised to the first race track or to a
26     facility operated by an inter-track wagering licensee or
27     inter-track wagering location licensee that derives its
28     license from the organization licensee that operates the
29     first race track, those moneys shall be allocated as
30     follows:
31             (A) That portion of all moneys wagered on
32         standardbred racing that is required under this Act to
33         be paid to purses shall be paid to purses for
34         standardbred races.
35             (B) That portion of all moneys wagered on
36         thoroughbred racing that is required under this Act to

 

 

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1         be paid to purses shall be paid to purses for
2         thoroughbred races.
3         (11) (A) After payment of the privilege or pari-mutuel
4     tax, any other applicable taxes, and the costs and expenses
5     in connection with the gathering, transmission, and
6     dissemination of all data necessary to the conduct of
7     inter-track wagering, the remainder of the monies retained
8     under either Section 26 or Section 26.2 of this Act by the
9     inter-track wagering licensee on inter-track wagering
10     shall be allocated with 50% to be split between the 2
11     participating licensees and 50% to purses, except that an
12     intertrack wagering licensee that derives its license from
13     a track located in a county with a population in excess of
14     230,000 and that borders the Mississippi River shall not
15     divide any remaining retention with the Illinois
16     organization licensee that provides the race or races, and
17     an intertrack wagering licensee that accepts wagers on
18     races conducted by an organization licensee that conducts a
19     race meet in a county with a population in excess of
20     230,000 and that borders the Mississippi River shall not
21     divide any remaining retention with that organization
22     licensee.
23         (B) From the sums permitted to be retained pursuant to
24     this Act each inter-track wagering location licensee shall
25     pay (i) the privilege or pari-mutuel tax to the State; (ii)
26     4.75% of the pari-mutuel handle on intertrack wagering at
27     such location on races as purses, except that an intertrack
28     wagering location licensee that derives its license from a
29     track located in a county with a population in excess of
30     230,000 and that borders the Mississippi River shall retain
31     all purse moneys for its own purse account consistent with
32     distribution set forth in this subsection (h), and
33     intertrack wagering location licensees that accept wagers
34     on races conducted by an organization licensee located in a
35     county with a population in excess of 230,000 and that
36     borders the Mississippi River shall distribute all purse

 

 

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1     moneys to purses at the operating host track; (iii) until
2     January 1, 2000, except as provided in subsection (g) of
3     Section 27 of this Act, 1% of the pari-mutuel handle
4     wagered on inter-track wagering and simulcast wagering at
5     each inter-track wagering location licensee facility to
6     the Horse Racing Tax Allocation Fund, provided that, to the
7     extent the total amount collected and distributed to the
8     Horse Racing Tax Allocation Fund under this subsection (h)
9     during any calendar year exceeds the amount collected and
10     distributed to the Horse Racing Tax Allocation Fund during
11     calendar year 1994, that excess amount shall be
12     redistributed (I) to all inter-track wagering location
13     licensees, based on each licensee's pro-rata share of the
14     total handle from inter-track wagering and simulcast
15     wagering for all inter-track wagering location licensees
16     during the calendar year in which this provision is
17     applicable; then (II) the amounts redistributed to each
18     inter-track wagering location licensee as described in
19     subpart (I) shall be further redistributed as provided in
20     subparagraph (B) of paragraph (5) of subsection (g) of this
21     Section 26 provided first, that the shares of those
22     amounts, which are to be redistributed to the host track or
23     to purses at the host track under subparagraph (B) of
24     paragraph (5) of subsection (g) of this Section 26 shall be
25     redistributed based on each host track's pro rata share of
26     the total inter-track wagering and simulcast wagering
27     handle at all host tracks during the calendar year in
28     question, and second, that any amounts redistributed as
29     described in part (I) to an inter-track wagering location
30     licensee that accepts wagers on races conducted by an
31     organization licensee that conducts a race meet in a county
32     with a population in excess of 230,000 and that borders the
33     Mississippi River shall be further redistributed as
34     provided in subparagraphs (D) and (E) of paragraph (7) of
35     subsection (g) of this Section 26, with the portion of that
36     further redistribution allocated to purses at that

 

 

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1     organization licensee to be divided between standardbred
2     purses and thoroughbred purses based on the amounts
3     otherwise allocated to purses at that organization
4     licensee during the calendar year in question; and (iv) 8%
5     of the pari-mutuel handle on inter-track wagering wagered
6     at such location to satisfy all costs and expenses of
7     conducting its wagering. The remainder of the monies
8     retained by the inter-track wagering location licensee
9     shall be allocated 40% to the location licensee and 60% to
10     the organization licensee which provides the Illinois
11     races to the location, except that an intertrack wagering
12     location licensee that derives its license from a track
13     located in a county with a population in excess of 230,000
14     and that borders the Mississippi River shall not divide any
15     remaining retention with the organization licensee that
16     provides the race or races and an intertrack wagering
17     location licensee that accepts wagers on races conducted by
18     an organization licensee that conducts a race meet in a
19     county with a population in excess of 230,000 and that
20     borders the Mississippi River shall not divide any
21     remaining retention with the organization licensee.
22     Notwithstanding the provisions of clauses (ii) and (iv) of
23     this paragraph, in the case of the additional inter-track
24     wagering location licenses authorized under paragraph (1)
25     of this subsection (h) by this amendatory Act of 1991,
26     those licensees shall pay the following amounts as purses:
27     during the first 12 months the licensee is in operation,
28     5.25% of the pari-mutuel handle wagered at the location on
29     races; during the second 12 months, 5.25%; during the third
30     12 months, 5.75%; during the fourth 12 months, 6.25%; and
31     during the fifth 12 months and thereafter, 6.75%. The
32     following amounts shall be retained by the licensee to
33     satisfy all costs and expenses of conducting its wagering:
34     during the first 12 months the licensee is in operation,
35     8.25% of the pari-mutuel handle wagered at the location;
36     during the second 12 months, 8.25%; during the third 12

 

 

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1     months, 7.75%; during the fourth 12 months, 7.25%; and
2     during the fifth 12 months and thereafter, 6.75%. For
3     additional intertrack wagering location licensees
4     authorized under this amendatory Act of 1995, purses for
5     the first 12 months the licensee is in operation shall be
6     5.75% of the pari-mutuel wagered at the location, purses
7     for the second 12 months the licensee is in operation shall
8     be 6.25%, and purses thereafter shall be 6.75%. For
9     additional intertrack location licensees authorized under
10     this amendatory Act of 1995, the licensee shall be allowed
11     to retain to satisfy all costs and expenses: 7.75% of the
12     pari-mutuel handle wagered at the location during its first
13     12 months of operation, 7.25% during its second 12 months
14     of operation, and 6.75% thereafter.
15         (C) There is hereby created the Horse Racing Tax
16     Allocation Fund which shall remain in existence until
17     December 31, 1999. Moneys remaining in the Fund after
18     December 31, 1999 shall be paid into the General Revenue
19     Fund. Until January 1, 2000, all monies paid into the Horse
20     Racing Tax Allocation Fund pursuant to this paragraph (11)
21     by inter-track wagering location licensees located in park
22     districts of 500,000 population or less, or in a
23     municipality that is not included within any park district
24     but is included within a conservation district and is the
25     county seat of a county that (i) is contiguous to the state
26     of Indiana and (ii) has a 1990 population of 88,257
27     according to the United States Bureau of the Census, and
28     operating on May 1, 1994 shall be allocated by
29     appropriation as follows:
30             Two-sevenths to the Department of Agriculture.
31         Fifty percent of this two-sevenths shall be used to
32         promote the Illinois horse racing and breeding
33         industry, and shall be distributed by the Department of
34         Agriculture upon the advice of a 9-member committee
35         appointed by the Governor consisting of the following
36         members: the Director of Agriculture, who shall serve

 

 

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1         as chairman; 2 representatives of organization
2         licensees conducting thoroughbred race meetings in
3         this State, recommended by those licensees; 2
4         representatives of organization licensees conducting
5         standardbred race meetings in this State, recommended
6         by those licensees; a representative of the Illinois
7         Thoroughbred Breeders and Owners Foundation,
8         recommended by that Foundation; a representative of
9         the Illinois Standardbred Owners and Breeders
10         Association, recommended by that Association; a
11         representative of the Horsemen's Benevolent and
12         Protective Association or any successor organization
13         thereto established in Illinois comprised of the
14         largest number of owners and trainers, recommended by
15         that Association or that successor organization; and a
16         representative of the Illinois Harness Horsemen's
17         Association, recommended by that Association.
18         Committee members shall serve for terms of 2 years,
19         commencing January 1 of each even-numbered year. If a
20         representative of any of the above-named entities has
21         not been recommended by January 1 of any even-numbered
22         year, the Governor shall appoint a committee member to
23         fill that position. Committee members shall receive no
24         compensation for their services as members but shall be
25         reimbursed for all actual and necessary expenses and
26         disbursements incurred in the performance of their
27         official duties. The remaining 50% of this
28         two-sevenths shall be distributed to county fairs for
29         premiums and rehabilitation as set forth in the
30         Agricultural Fair Act;
31             Four-sevenths to park districts or municipalities
32         that do not have a park district of 500,000 population
33         or less for museum purposes (if an inter-track wagering
34         location licensee is located in such a park district)
35         or to conservation districts for museum purposes (if an
36         inter-track wagering location licensee is located in a

 

 

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1         municipality that is not included within any park
2         district but is included within a conservation
3         district and is the county seat of a county that (i) is
4         contiguous to the state of Indiana and (ii) has a 1990
5         population of 88,257 according to the United States
6         Bureau of the Census, except that if the conservation
7         district does not maintain a museum, the monies shall
8         be allocated equally between the county and the
9         municipality in which the inter-track wagering
10         location licensee is located for general purposes) or
11         to a municipal recreation board for park purposes (if
12         an inter-track wagering location licensee is located
13         in a municipality that is not included within any park
14         district and park maintenance is the function of the
15         municipal recreation board and the municipality has a
16         1990 population of 9,302 according to the United States
17         Bureau of the Census); provided that the monies are
18         distributed to each park district or conservation
19         district or municipality that does not have a park
20         district in an amount equal to four-sevenths of the
21         amount collected by each inter-track wagering location
22         licensee within the park district or conservation
23         district or municipality for the Fund. Monies that were
24         paid into the Horse Racing Tax Allocation Fund before
25         the effective date of this amendatory Act of 1991 by an
26         inter-track wagering location licensee located in a
27         municipality that is not included within any park
28         district but is included within a conservation
29         district as provided in this paragraph shall, as soon
30         as practicable after the effective date of this
31         amendatory Act of 1991, be allocated and paid to that
32         conservation district as provided in this paragraph.
33         Any park district or municipality not maintaining a
34         museum may deposit the monies in the corporate fund of
35         the park district or municipality where the
36         inter-track wagering location is located, to be used

 

 

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1         for general purposes; and
2             One-seventh to the Agricultural Premium Fund to be
3         used for distribution to agricultural home economics
4         extension councils in accordance with "An Act in
5         relation to additional support and finances for the
6         Agricultural and Home Economic Extension Councils in
7         the several counties of this State and making an
8         appropriation therefor", approved July 24, 1967.
9         Until January 1, 2000, all other monies paid into the
10     Horse Racing Tax Allocation Fund pursuant to this paragraph
11     (11) shall be allocated by appropriation as follows:
12             Two-sevenths to the Department of Agriculture.
13         Fifty percent of this two-sevenths shall be used to
14         promote the Illinois horse racing and breeding
15         industry, and shall be distributed by the Department of
16         Agriculture upon the advice of a 9-member committee
17         appointed by the Governor consisting of the following
18         members: the Director of Agriculture, who shall serve
19         as chairman; 2 representatives of organization
20         licensees conducting thoroughbred race meetings in
21         this State, recommended by those licensees; 2
22         representatives of organization licensees conducting
23         standardbred race meetings in this State, recommended
24         by those licensees; a representative of the Illinois
25         Thoroughbred Breeders and Owners Foundation,
26         recommended by that Foundation; a representative of
27         the Illinois Standardbred Owners and Breeders
28         Association, recommended by that Association; a
29         representative of the Horsemen's Benevolent and
30         Protective Association or any successor organization
31         thereto established in Illinois comprised of the
32         largest number of owners and trainers, recommended by
33         that Association or that successor organization; and a
34         representative of the Illinois Harness Horsemen's
35         Association, recommended by that Association.
36         Committee members shall serve for terms of 2 years,

 

 

HB0665 Engrossed - 25 - LRB094 06756 AMC 36858 b

1         commencing January 1 of each even-numbered year. If a
2         representative of any of the above-named entities has
3         not been recommended by January 1 of any even-numbered
4         year, the Governor shall appoint a committee member to
5         fill that position. Committee members shall receive no
6         compensation for their services as members but shall be
7         reimbursed for all actual and necessary expenses and
8         disbursements incurred in the performance of their
9         official duties. The remaining 50% of this
10         two-sevenths shall be distributed to county fairs for
11         premiums and rehabilitation as set forth in the
12         Agricultural Fair Act;
13             Four-sevenths to museums and aquariums located in
14         park districts of over 500,000 population; provided
15         that the monies are distributed in accordance with the
16         previous year's distribution of the maintenance tax
17         for such museums and aquariums as provided in Section 2
18         of the Park District Aquarium and Museum Act; and
19             One-seventh to the Agricultural Premium Fund to be
20         used for distribution to agricultural home economics
21         extension councils in accordance with "An Act in
22         relation to additional support and finances for the
23         Agricultural and Home Economic Extension Councils in
24         the several counties of this State and making an
25         appropriation therefor", approved July 24, 1967. This
26         subparagraph (C) shall be inoperative and of no force
27         and effect on and after January 1, 2000.
28             (D) Except as provided in paragraph (11) of this
29         subsection (h), with respect to purse allocation from
30         intertrack wagering, the monies so retained shall be
31         divided as follows:
32                 (i) If the inter-track wagering licensee,
33             except an intertrack wagering licensee that
34             derives its license from an organization licensee
35             located in a county with a population in excess of
36             230,000 and bounded by the Mississippi River, is

 

 

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1             not conducting its own race meeting during the same
2             dates, then the entire purse allocation shall be to
3             purses at the track where the races wagered on are
4             being conducted.
5                 (ii) If the inter-track wagering licensee,
6             except an intertrack 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             also conducting its own race meeting during the
11             same dates, then the purse allocation shall be as
12             follows: 50% to purses at the track where the races
13             wagered on are being conducted; 50% to purses at
14             the track where the inter-track wagering licensee
15             is accepting such wagers.
16                 (iii) If the inter-track wagering is being
17             conducted by an inter-track wagering location
18             licensee, except an intertrack wagering location
19             licensee that derives its license from an
20             organization licensee located in a county with a
21             population in excess of 230,000 and bounded by the
22             Mississippi River, the entire purse allocation for
23             Illinois races shall be to purses at the track
24             where the race meeting being wagered on is being
25             held.
26         (12) The Board shall have all powers necessary and
27     proper to fully supervise and control the conduct of
28     inter-track wagering and simulcast wagering by inter-track
29     wagering licensees and inter-track wagering location
30     licensees, including, but not limited to the following:
31             (A) The Board is vested with power to promulgate
32         reasonable rules and regulations for the purpose of
33         administering the conduct of this wagering and to
34         prescribe reasonable rules, regulations and conditions
35         under which such wagering shall be held and conducted.
36         Such rules and regulations are to provide for the

 

 

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1         prevention of practices detrimental to the public
2         interest and for the best interests of said wagering
3         and to impose penalties for violations thereof.
4             (B) The Board, and any person or persons to whom it
5         delegates this power, is vested with the power to enter
6         the facilities of any licensee to determine whether
7         there has been compliance with the provisions of this
8         Act and the rules and regulations relating to the
9         conduct of such wagering.
10             (C) The Board, and any person or persons to whom it
11         delegates this power, may eject or exclude from any
12         licensee's facilities, any person whose conduct or
13         reputation is such that his presence on such premises
14         may, in the opinion of the Board, call into the
15         question the honesty and integrity of, or interfere
16         with the orderly conduct of such wagering; provided,
17         however, that no person shall be excluded or ejected
18         from such premises solely on the grounds of race,
19         color, creed, national origin, ancestry, or sex.
20             (D) (Blank).
21             (E) The Board is vested with the power to appoint
22         delegates to execute any of the powers granted to it
23         under this Section for the purpose of administering
24         this wagering and any rules and regulations
25         promulgated in accordance with this Act.
26             (F) The Board shall name and appoint a State
27         director of this wagering who shall be a representative
28         of the Board and whose duty it shall be to supervise
29         the conduct of inter-track wagering as may be provided
30         for by the rules and regulations of the Board; such
31         rules and regulation shall specify the method of
32         appointment and the Director's powers, authority and
33         duties.
34             (G) The Board is vested with the power to impose
35         civil penalties of up to $5,000 against individuals and
36         up to $10,000 against licensees for each violation of

 

 

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1         any provision of this Act relating to the conduct of
2         this wagering, any rules adopted by the Board, any
3         order of the Board or any other action which in the
4         Board's discretion, is a detriment or impediment to
5         such wagering.
6         (13) The Department of Agriculture may enter into
7     agreements with licensees authorizing such licensees to
8     conduct inter-track wagering on races to be held at the
9     licensed race meetings conducted by the Department of
10     Agriculture. Such agreement shall specify the races of the
11     Department of Agriculture's licensed race meeting upon
12     which the licensees will conduct wagering. In the event
13     that a licensee conducts inter-track pari-mutuel wagering
14     on races from the Illinois State Fair or DuQuoin State Fair
15     which are in addition to the licensee's previously approved
16     racing program, those races shall be considered a separate
17     racing day for the purpose of determining the daily handle
18     and computing the privilege or pari-mutuel tax on that
19     daily handle as provided in Sections 27 and 27.1. Such
20     agreements shall be approved by the Board before such
21     wagering may be conducted. In determining whether to grant
22     approval, the Board shall give due consideration to the
23     best interests of the public and of horse racing. The
24     provisions of paragraphs (1), (8), (8.1), and (8.2) of
25     subsection (h) of this Section which are not specified in
26     this paragraph (13) shall not apply to licensed race
27     meetings conducted by the Department of Agriculture at the
28     Illinois State Fair in Sangamon County or the DuQuoin State
29     Fair in Perry County, or to any wagering conducted on those
30     race meetings.
31     (i) Notwithstanding the other provisions of this Act, the
32 conduct of wagering at wagering facilities is authorized on all
33 days, except as limited by subsection (b) of Section 19 of this
34 Act.
35 (Source: P.A. 91-40, eff. 6-25-99; 92-211, eff. 8-2-01.)
 

 

 

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1     Section 99. Effective date. This Act takes effect upon
2 becoming law.