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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 3. The Executive Reorganization Implementation Act
5 is amended by changing Section 3.1 as follows:
 
6     (15 ILCS 15/3.1)  (from Ch. 127, par. 1803.1)
7     Sec. 3.1. "Agency directly responsible to the Governor" or
8 "agency" means any office, officer, division, or part thereof,
9 and any other office, nonelective officer, department,
10 division, bureau, board, or commission in the executive branch
11 of State government, except that it does not apply to any
12 agency whose primary function is service to the General
13 Assembly or the Judicial Branch of State government, or to any
14 agency administered by the Attorney General, Secretary of
15 State, State Comptroller or State Treasurer. In addition the
16 term does not apply to the following agencies created by law
17 with the primary responsibility of exercising regulatory or
18 adjudicatory functions independently of the Governor:
19     (1) the State Board of Elections;
20     (2) the State Board of Education;
21     (3) the Illinois Commerce Commission;
22     (4) the Illinois Workers' Compensation Commission;
23     (5) the Civil Service Commission;

 

 

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1     (6) the Fair Employment Practices Commission;
2     (7) the Pollution Control Board;
3     (8) the Department of State Police Merit Board;
4     (9) the Illinois Racing Board.
5 (Source: P.A. 93-721, eff. 1-1-05.)
 
6     Section 5. The Illinois Horse Racing Act of 1975 is amended
7 by changing Sections 2.5, 3.071, 3.077, 3.12, 3.20, 3.22, 3.23,
8 26, and 27 and by adding Sections 3.28, 3.29, and 3.30 as
9 follows:
 
10     (230 ILCS 5/2.5 new)
11     Sec. 2.5. Separation from Department of Revenue. On the
12 effective date of this amendatory Act of the 96th General
13 Assembly, all of the powers, duties, assets, liabilities,
14 employees, contracts, property, records, pending business, and
15 unexpended appropriations of the Department of Revenue related
16 to the administration and enforcement of this Act are
17 transferred to the Illinois Racing Board.
18     The status and rights of the transferred employees, and the
19 rights of the State of Illinois and its agencies, under the
20 Personnel Code and applicable collective bargaining agreements
21 or under any pension, retirement, or annuity plan are not
22 affected (except as provided in the Illinois Pension Code) by
23 that transfer or by any other provision of this amendatory Act
24 of the 96th General Assembly.
 

 

 

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1     (230 ILCS 5/3.071)  (from Ch. 8, par. 37-3.071)
2     Sec. 3.071. Inter-track wagering. "Inter-track Wagering"
3 means a legal wager on the outcome of a simultaneously
4 televised horse race taking place at an Illinois race track
5 placed or accepted at any location authorized to accept wagers
6 under this Act, excluding the Illinois race track at which that
7 horse race is being conducted and excluding advance deposit
8 wagering through an advance deposit wagering licensee.
9 (Source: P.A. 89-16, eff. 5-30-95.)
 
10     (230 ILCS 5/3.077)
11     Sec. 3.077. Non-host licensee. "Non-host licensee" means a
12 licensee operating concurrently with a host track, but does not
13 include an advance deposit wagering licensee.
14 (Source: P.A. 89-16, eff. 5-30-95.)
 
15     (230 ILCS 5/3.12)  (from Ch. 8, par. 37-3.12)
16     Sec. 3.12. Pari-mutuel system of wagering. "Pari-mutuel
17 system of wagering" means a form of wagering on the outcome of
18 horse races in which wagers are made in various denominations
19 on a horse or horses and all wagers for each race are pooled
20 and held by a licensee for distribution in a manner approved by
21 the Board. Wagers may be placed via any method or at any
22 location authorized under this Act.
23 (Source: P.A. 89-16, eff. 5-30-95.)
 

 

 

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1     (230 ILCS 5/3.20)
2     Sec. 3.20. Licensee. "Licensee" means an individual
3 organization licensee, an inter-track wagering licensee, an or
4 inter-track wagering location licensee, or an advance deposit
5 wagering licensee, as the context of this Act requires.
6 (Source: P.A. 89-16, eff. 5-30-95.)
 
7     (230 ILCS 5/3.22)
8     Sec. 3.22. Wagering facility. "Wagering facility" means
9 any location at which a licensee, other than an advance deposit
10 wagering licensee, may accept or receive pari-mutuel wagers
11 under this Act.
12 (Source: P.A. 89-16, eff. 5-30-95.)
 
13     (230 ILCS 5/3.23)
14     Sec. 3.23. Wagering. "Wagering" means, collectively, the
15 pari-mutuel system of wagering, inter-track wagering, and
16 simulcast wagering, and advance deposit wagering.
17 (Source: P.A. 89-16, eff. 5-30-95.)
 
18     (230 ILCS 5/3.28 new)
19     Sec. 3.28. Advance deposit wagering licensee. "Advance
20 deposit wagering licensee" means a person licensed by the Board
21 to conduct advance deposit wagering. An advance deposit
22 wagering licensee shall be an organization licensee or a person

 

 

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1 or third party who contracts with an organization licensee in
2 order to conduct advance deposit wagering.
 
3     (230 ILCS 5/3.29 new)
4     Sec. 3.29. Advance deposit wagering. "Advance deposit
5 wagering" means a method of pari-mutuel wagering in which an
6 individual may establish an account, deposit money into the
7 account, and use the account balance to pay for pari-mutuel
8 wagering authorized by this Act. An advance deposit wager may
9 be placed in person at a wagering facility or from any other
10 location via a telephone-type device or any other electronic
11 means. Any person who accepts an advance deposit wager who is
12 not licensed by the Board as an advance deposit wagering
13 licensee shall be considered in violation of this Act and the
14 Criminal Code of 1961. Any advance deposit wager placed in
15 person at a wagering facility shall be deemed to have been
16 placed at that wagering facility.
 
17     (230 ILCS 5/3.30 new)
18     Sec. 3.30. Advance deposit wagering terminal. "Advance
19 deposit wagering terminal" means any electronic device placed
20 by an advanced deposit wagering licensee at a wagering facility
21 that facilitates the placement of an advance deposit wager and
22 that can be electronically tracked so the location of the
23 wagering facility where the advance deposit wagering terminal
24 is located can be readily identified and so all wagers placed

 

 

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1 through the advance deposit wagering terminal are easily
2 reportable.
 
3     (230 ILCS 5/26)  (from Ch. 8, par. 37-26)
4     Sec. 26. Wagering.
5     (a) Any licensee may conduct and supervise the pari-mutuel
6 system of wagering, as defined in Section 3.12 of this Act, on
7 horse races conducted by an Illinois organization licensee or
8 conducted at a racetrack located in another state or country
9 and televised in Illinois in accordance with subsection (g) of
10 Section 26 of this Act. Subject to the prior consent of the
11 Board, licensees may supplement any pari-mutuel pool in order
12 to guarantee a minimum distribution. Such pari-mutuel method of
13 wagering shall not, under any circumstances if conducted under
14 the provisions of this Act, be held or construed to be
15 unlawful, other statutes of this State to the contrary
16 notwithstanding. Subject to rules for advance wagering
17 promulgated by the Board, any licensee may accept wagers in
18 advance of the day of the race wagered upon occurs.
19     (b) No other method of betting, pool making, wagering or
20 gambling shall be used or permitted by the licensee. Each
21 licensee may retain, subject to the payment of all applicable
22 taxes and purses, an amount not to exceed 17% of all money
23 wagered under subsection (a) of this Section, except as may
24 otherwise be permitted under this Act.
25     (b-5) An individual may place a wager under the pari-mutuel

 

 

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1 system from any licensed location authorized under this Act
2 provided that wager is electronically recorded in the manner
3 described in Section 3.12 of this Act. Any wager made
4 electronically by an individual while physically on the
5 premises of a licensee shall be deemed to have been made at the
6 premises of that licensee.
7     (c) Until January 1, 2000, the sum held by any licensee for
8 payment of outstanding pari-mutuel tickets, if unclaimed prior
9 to December 31 of the next year, shall be retained by the
10 licensee for payment of such tickets until that date. Within 10
11 days thereafter, the balance of such sum remaining unclaimed,
12 less any uncashed supplements contributed by such licensee for
13 the purpose of guaranteeing minimum distributions of any
14 pari-mutuel pool, shall be paid to the Illinois Veterans'
15 Rehabilitation Fund of the State treasury, except as provided
16 in subsection (g) of Section 27 of this Act.
17     (c-5) Beginning January 1, 2000, the sum held by any
18 licensee for payment of outstanding pari-mutuel tickets, if
19 unclaimed prior to December 31 of the next year, shall be
20 retained by the licensee for payment of such tickets until that
21 date. Within 10 days thereafter, the balance of such sum
22 remaining unclaimed, less any uncashed supplements contributed
23 by such licensee for the purpose of guaranteeing minimum
24 distributions of any pari-mutuel pool, shall be evenly
25 distributed to the purse account of the organization licensee
26 and the organization 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

 

 

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

 

 

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1 shall not be permitted to accept out-of-state wagers on any
2 Illinois signal provided pursuant to this Section without the
3 approval and consent of the organization licensee providing the
4 signal. Non-host licensees may carry the host track simulcast
5 program and shall accept wagers on all races included as part
6 of the simulcast program upon which wagering is permitted. All
7 organization licensees shall provide their live signal to all
8 advance deposit wagering licensees for a simulcast commission
9 fee not to exceed 6% of the advance deposit wagering licensee's
10 Illinois handle on the organization licensee's signal without
11 prior approval by the Board. The Board may adopt rules under
12 which it may permit simulcast commission fees in excess of 6%.
13 The Board shall adopt rules limiting the interstate commission
14 fees charged to an advance deposit wagering licensee. The Board
15 shall adopt rules regarding advance deposit wagering on
16 interstate simulcast races that shall reflect, among other
17 things, the General Assembly's desire to maximize revenues to
18 the State, horsemen purses, and organizational licensees.
19 However, organization licensees providing live signals
20 pursuant to the requirements of this subsection (g) may
21 petition the Board to withhold their live signals from an
22 advance deposit wagering licensee if the organization licensee
23 discovers and the Board finds reputable or credible information
24 that the advance deposit wagering licensee is under
25 investigation by another state or federal governmental agency,
26 the advance deposit wagering licensee's license has been

 

 

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1 suspended in another state, or the advance deposit wagering
2 licensee's license is in revocation proceedings in another
3 state. The organization licensee's provision of their live
4 signal to an advance deposit wagering licensee under this
5 subsection (g) pertains to wagers placed from within Illinois.
6 Advance deposit wagering licensees may place advance deposit
7 wagering terminals at wagering facilities as a convenience to
8 customers. The advance deposit wagering licensee shall not
9 charge or collect any fee from purses for the placement of the
10 advance deposit wagering terminals. The costs and expenses of
11 the host track and non-host licensees associated with
12 interstate simulcast wagering, other than the interstate
13 commission fee, shall be borne by the host track and all
14 non-host licensees incurring these costs. The interstate
15 commission fee shall not exceed 5% of Illinois handle on the
16 interstate simulcast race or races without prior approval of
17 the Board. The Board shall promulgate rules under which it may
18 permit interstate commission fees in excess of 5%. The
19 interstate commission fee and other fees charged by the sending
20 racetrack, including, but not limited to, satellite decoder
21 fees, shall be uniformly applied to the host track and all
22 non-host licensees.
23     Notwithstanding any other provision of this Act, for a
24 period of 3 years after the effective date of this amendatory
25 Act of the 96th General Assembly, an organization licensee may
26 maintain a system whereby advance deposit wagering may take

 

 

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1 place or an organization licensee, with the consent of the
2 horsemen association representing the largest number of
3 owners, trainers, jockeys, or standardbred drivers who race
4 horses at that organization licensee's racing meeting, may
5 contract with another person to carry out a system of advance
6 deposit wagering. Such consent may not be unreasonably
7 withheld. All advance deposit wagers placed from within
8 Illinois must be placed through a Board-approved advance
9 deposit wagering licensee; no other entity may accept an
10 advance deposit wager from a person within Illinois. All
11 advance deposit wagering is subject to any rules adopted by the
12 Board. The Board may adopt rules necessary to regulate advance
13 deposit wagering through the use of emergency rulemaking in
14 accordance with Section 5-45 of the Illinois Administrative
15 Procedure Act. The General Assembly finds that the adoption of
16 rules to regulate advance deposit wagering is deemed an
17 emergency and necessary for the public interest, safety, and
18 welfare. An advance deposit wagering licensee may retain all
19 moneys as agreed to by contract with an organization licensee.
20 Any moneys retained by the organization licensee from advance
21 deposit wagering, not including moneys retained by the advance
22 deposit wagering licensee, shall be paid 50% to the
23 organization licensee's purse account and 50% to the
24 organization licensee. If more than one breed races at the same
25 race track facility, then the 50% of the moneys to be paid to
26 an organization licensee's purse account shall be allocated

 

 

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1 among all organization licensees' purse accounts operating at
2 that race track facility proportionately based on the actual
3 number of host days that the Board grants to that breed at that
4 race track facility in the current calendar year. To the extent
5 any fees from advance deposit wagering conducted in Illinois
6 for wagers in Illinois or other states have been placed in
7 escrow or otherwise withheld from wagers pending a
8 determination of the legality of advance deposit wagering, no
9 action shall be brought to declare such wagers or the
10 disbursement of any fees previously escrowed illegal.
11         (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
12     intertrack wagering licensee other than the host track may
13     supplement the host track simulcast program with
14     additional simulcast races or race programs, provided that
15     between January 1 and the third Friday in February of any
16     year, inclusive, if no live thoroughbred racing is
17     occurring in Illinois during this period, only
18     thoroughbred races may be used for supplemental interstate
19     simulcast purposes. The Board shall withhold approval for a
20     supplemental interstate simulcast only if it finds that the
21     simulcast is clearly adverse to the integrity of racing. A
22     supplemental interstate simulcast may be transmitted from
23     an intertrack wagering licensee to its affiliated non-host
24     licensees. The interstate commission fee for a
25     supplemental interstate simulcast shall be paid by the
26     non-host licensee and its affiliated non-host licensees

 

 

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

 

 

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

 

 

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1         subparagraphs (1) and (2), and separately pooled races
2         conducted outside of the State of Illinois made at a
3         non-host licensee, 25% to the host track, 25% to the
4         non-host licensee, and 50% to the purses at the host
5         track.
6         (6) Notwithstanding any provision in this Act to the
7     contrary, non-host licensees who derive their licenses
8     from a track located in a county with a population in
9     excess of 230,000 and that borders the Mississippi River
10     may receive supplemental interstate simulcast races at all
11     times subject to Board approval, which shall be withheld
12     only upon a finding that a supplemental interstate
13     simulcast is clearly adverse to the integrity of racing.
14         (7) Notwithstanding any provision of this Act to the
15     contrary, after payment of all applicable State and local
16     taxes and interstate commission fees, non-host licensees
17     who derive their licenses from a track located in a county
18     with a population in excess of 230,000 and that borders the
19     Mississippi River shall retain 50% of the retention from
20     interstate simulcast wagers and shall pay 50% to purses at
21     the track from which the non-host licensee derives its
22     license as follows:
23             (A) Between January 1 and the third Friday in
24         February, inclusive, if no live thoroughbred racing is
25         occurring in Illinois during this period, when the
26         interstate simulcast is a standardbred race, the purse

 

 

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1         share to its standardbred purse account;
2             (B) Between January 1 and the third Friday in
3         February, inclusive, if no live thoroughbred racing is
4         occurring in Illinois during this period, and the
5         interstate simulcast is a thoroughbred race, the purse
6         share to its interstate simulcast purse pool to be
7         distributed under paragraph (10) of this subsection
8         (g);
9             (C) Between January 1 and the third Friday in
10         February, inclusive, if live thoroughbred racing is
11         occurring in Illinois, between 6:30 a.m. and 6:30 p.m.
12         the purse share from wagers made during this time
13         period to its thoroughbred purse account and between
14         6:30 p.m. and 6:30 a.m. the purse share from wagers
15         made during this time period to its standardbred purse
16         accounts;
17             (D) Between the third Saturday in February and
18         December 31, when the interstate simulcast occurs
19         between the hours of 6:30 a.m. and 6:30 p.m., the purse
20         share to its thoroughbred purse account;
21             (E) Between the third Saturday in February and
22         December 31, when the interstate simulcast occurs
23         between the hours of 6:30 p.m. and 6:30 a.m., the purse
24         share to its standardbred purse account.
25         (7.1) Notwithstanding any other provision of this Act
26     to the contrary, if no standardbred racing is conducted at

 

 

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1     a racetrack located in Madison County during any calendar
2     year beginning on or after January 1, 2002, all moneys
3     derived by that racetrack from simulcast wagering and
4     inter-track wagering that (1) are to be used for purses and
5     (2) are generated between the hours of 6:30 p.m. and 6:30
6     a.m. during that calendar year shall be paid as 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 paid to its thoroughbred purse account;
11         and
12             (B) Twenty percent shall be deposited into the
13         Illinois Colt Stakes Purse Distribution Fund and shall
14         be paid to purses for standardbred races for Illinois
15         conceived and foaled horses conducted at any county
16         fairgrounds. The moneys deposited into the Fund
17         pursuant to this subparagraph (B) shall be deposited
18         within 2 weeks after the day they were generated, shall
19         be in addition to and not in lieu of any other moneys
20         paid to standardbred purses under this Act, and shall
21         not be commingled with other moneys paid into that
22         Fund. The moneys deposited pursuant to this
23         subparagraph (B) shall be allocated as provided by the
24         Department of Agriculture, with the advice and
25         assistance of the Illinois Standardbred Breeders Fund
26         Advisory Board.

 

 

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1         (7.2) Notwithstanding any other provision of this Act
2     to the contrary, if no thoroughbred racing is conducted at
3     a racetrack located in Madison County during any calendar
4     year beginning on or after January 1, 2002, all moneys
5     derived by that racetrack from simulcast wagering and
6     inter-track wagering that (1) are to be used for purses and
7     (2) are generated between the hours of 6:30 a.m. and 6:30
8     p.m. during that calendar year shall be deposited as
9     follows:
10             (A) If the licensee that conducts horse racing at
11         that racetrack requests from the Board at least as many
12         racing dates as were conducted in calendar year 2000,
13         80% shall be deposited into its standardbred purse
14         account; and
15             (B) Twenty percent shall be deposited into the
16         Illinois Colt Stakes Purse Distribution Fund. Moneys
17         deposited into the Illinois Colt Stakes Purse
18         Distribution Fund pursuant to this subparagraph (B)
19         shall be paid to Illinois conceived and foaled
20         thoroughbred breeders' programs and to thoroughbred
21         purses for races conducted at any county fairgrounds
22         for Illinois conceived and foaled horses at the
23         discretion of the Department of Agriculture, with the
24         advice and assistance of the Illinois Thoroughbred
25         Breeders Fund Advisory Board. The moneys deposited
26         into the Illinois Colt Stakes Purse Distribution Fund

 

 

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1         pursuant to this subparagraph (B) shall be deposited
2         within 2 weeks after the day they were generated, shall
3         be in addition to and not in lieu of any other moneys
4         paid to thoroughbred purses under this Act, and shall
5         not be commingled with other moneys deposited into that
6         Fund.
7         (7.3) If no live standardbred racing is conducted at a
8     racetrack located in Madison County in calendar year 2000
9     or 2001, an organization licensee who is licensed to
10     conduct horse racing at that racetrack shall, before
11     January 1, 2002, pay all moneys derived from simulcast
12     wagering and inter-track wagering in calendar years 2000
13     and 2001 and paid into the licensee's standardbred purse
14     account as follows:
15             (A) Eighty percent to that licensee's thoroughbred
16         purse account to be used for thoroughbred purses; and
17             (B) Twenty percent to the Illinois Colt Stakes
18         Purse Distribution Fund.
19         Failure to make the payment to the Illinois Colt Stakes
20     Purse Distribution Fund before January 1, 2002 shall result
21     in the immediate revocation of the licensee's organization
22     license, inter-track wagering license, and inter-track
23     wagering location license.
24         Moneys paid into the Illinois Colt Stakes Purse
25     Distribution Fund pursuant to this paragraph (7.3) shall be
26     paid to purses for standardbred races for Illinois

 

 

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1     conceived and foaled horses conducted at any county
2     fairgrounds. Moneys paid into the Illinois Colt Stakes
3     Purse Distribution Fund pursuant to this paragraph (7.3)
4     shall be used as determined by the Department of
5     Agriculture, with the advice and assistance of the Illinois
6     Standardbred Breeders Fund Advisory Board, shall be in
7     addition to and not in lieu of any other moneys paid to
8     standardbred purses under this Act, and shall not be
9     commingled with any other moneys paid into that Fund.
10         (7.4) If live standardbred racing is conducted at a
11     racetrack located in Madison County at any time in calendar
12     year 2001 before the payment required under paragraph (7.3)
13     has been made, the organization licensee who is licensed to
14     conduct racing at that racetrack shall pay all moneys
15     derived by that racetrack from simulcast wagering and
16     inter-track wagering during calendar years 2000 and 2001
17     that (1) are to be used for purses and (2) are generated
18     between the hours of 6:30 p.m. and 6:30 a.m. during 2000 or
19     2001 to the standardbred purse account at that racetrack to
20     be used for standardbred purses.
21         (8) Notwithstanding any provision in this Act to the
22     contrary, an organization licensee from a track located in
23     a county with a population in excess of 230,000 and that
24     borders the Mississippi River and its affiliated non-host
25     licensees shall not be entitled to share in any retention
26     generated on racing, inter-track wagering, or simulcast

 

 

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

 

 

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1     Illinois horse races at all wagering facilities in any
2     calendar year is less than 75% of the total Illinois
3     pari-mutuel handle on Illinois horse races at all such
4     wagering facilities for calendar year 1994, then each
5     wagering facility that has an annual total Illinois
6     pari-mutuel handle on Illinois horse races that is less
7     than 75% of the total Illinois pari-mutuel handle on
8     Illinois horse races at such wagering facility for calendar
9     year 1994, shall be permitted to receive, from any amount
10     otherwise payable to the purse account at the race track
11     with which the wagering facility is affiliated in the
12     succeeding calendar year, an amount equal to 2% of the
13     differential in total Illinois pari-mutuel handle on
14     Illinois horse races at the wagering facility between that
15     calendar year in question and 1994 provided, however, that
16     a wagering facility shall not be entitled to any such
17     payment until the Board certifies in writing to the
18     wagering facility the amount to which the wagering facility
19     is entitled and a schedule for payment of the amount to the
20     wagering facility, based on: (i) the racing dates awarded
21     to the race track affiliated with the wagering facility
22     during the succeeding year; (ii) the sums available or
23     anticipated to be available in the purse account of the
24     race track affiliated with the wagering facility for purses
25     during the succeeding year; and (iii) the need to ensure
26     reasonable purse levels during the payment period. The

 

 

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1     Board's certification shall be provided no later than
2     January 31 of the succeeding year. In the event a wagering
3     facility entitled to a payment under this paragraph (13) is
4     affiliated with a race track that maintains purse accounts
5     for both standardbred and thoroughbred racing, the amount
6     to be paid to the wagering facility shall be divided
7     between each purse account pro rata, based on the amount of
8     Illinois handle on Illinois standardbred and thoroughbred
9     racing respectively at the wagering facility during the
10     previous calendar year. Annually, the General Assembly
11     shall appropriate sufficient funds from the General
12     Revenue Fund to the Department of Agriculture for payment
13     into the thoroughbred and standardbred horse racing purse
14     accounts at Illinois pari-mutuel tracks. The amount paid to
15     each purse account shall be the amount certified by the
16     Illinois Racing Board in January to be transferred from
17     each account to each eligible racing facility in accordance
18     with the provisions of this Section.
19     (h) The Board may approve and license the conduct of
20 inter-track wagering and simulcast wagering by inter-track
21 wagering licensees and inter-track wagering location licensees
22 subject to the following terms and conditions:
23         (1) Any person licensed to conduct a race meeting (i)
24     at a track where 60 or more days of racing were conducted
25     during the immediately preceding calendar year or where
26     over the 5 immediately preceding calendar years an average

 

 

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

 

 

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

 

 

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1     Illinois in the sum of $50,000, executed by the applicant
2     and a surety company or companies authorized to do business
3     in this State, and conditioned upon (i) the payment by the
4     licensee of all taxes due under Section 27 or 27.1 and any
5     other monies due and payable under this Act, and (ii)
6     distribution by the licensee, upon presentation of the
7     winning ticket or tickets, of all sums payable to the
8     patrons of pari-mutuel pools.
9         (5) Each license to conduct inter-track wagering and
10     simulcast wagering shall specify the person to whom it is
11     issued, the dates on which such wagering is permitted, and
12     the track or location where the wagering is to be
13     conducted.
14         (6) All wagering under such license is subject to this
15     Act and to the rules and regulations from time to time
16     prescribed by the Board, and every such license issued by
17     the Board shall contain a recital to that effect.
18         (7) An inter-track wagering licensee or inter-track
19     wagering location licensee may accept wagers at the track
20     or location where it is licensed, or as otherwise provided
21     under this Act.
22         (8) Inter-track wagering or simulcast wagering shall
23     not be conducted at any track less than 5 miles from a
24     track at which a racing meeting is in progress.
25         (8.1) Inter-track wagering location licensees who
26     derive their licenses from a particular organization

 

 

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1     licensee shall conduct inter-track wagering and simulcast
2     wagering only at locations which are either within 90 miles
3     of that race track where the particular organization
4     licensee is licensed to conduct racing, or within 135 miles
5     of that race track where the particular organization
6     licensee is licensed to conduct racing in the case of race
7     tracks in counties of less than 400,000 that were operating
8     on or before June 1, 1986. However, inter-track wagering
9     and simulcast wagering shall not be conducted by those
10     licensees at any location within 5 miles of any race track
11     at which a horse race meeting has been licensed in the
12     current year, unless the person having operating control of
13     such race track has given its written consent to such
14     inter-track wagering location licensees, which consent
15     must be filed with the Board at or prior to the time
16     application is made.
17         (8.2) Inter-track wagering or simulcast wagering shall
18     not be conducted by an inter-track wagering location
19     licensee at any location within 500 feet of an existing
20     church or existing school, nor within 500 feet of the
21     residences of more than 50 registered voters without
22     receiving written permission from a majority of the
23     registered voters at such residences. Such written
24     permission statements shall be filed with the Board. The
25     distance of 500 feet shall be measured to the nearest part
26     of any building used for worship services, education

 

 

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1     programs, residential purposes, or conducting inter-track
2     wagering by an inter-track wagering location licensee, and
3     not to property boundaries. However, inter-track wagering
4     or simulcast wagering may be conducted at a site within 500
5     feet of a church, school or residences of 50 or more
6     registered voters if such church, school or residences have
7     been erected or established, or such voters have been
8     registered, after the Board issues the original
9     inter-track wagering location license at the site in
10     question. Inter-track wagering location licensees may
11     conduct inter-track wagering and simulcast wagering only
12     in areas that are zoned for commercial or manufacturing
13     purposes or in areas for which a special use has been
14     approved by the local zoning authority. However, no license
15     to conduct inter-track wagering and simulcast wagering
16     shall be granted by the Board with respect to any
17     inter-track wagering location within the jurisdiction of
18     any local zoning authority which has, by ordinance or by
19     resolution, prohibited the establishment of an inter-track
20     wagering location within its jurisdiction. However,
21     inter-track wagering and simulcast wagering may be
22     conducted at a site if such ordinance or resolution is
23     enacted after the Board licenses the original inter-track
24     wagering location licensee for the site in question.
25         (9) (Blank).
26         (10) An inter-track wagering licensee or an

 

 

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1     inter-track wagering location licensee may retain, subject
2     to the payment of the privilege taxes and the purses, an
3     amount not to exceed 17% of all money wagered. Each program
4     of racing conducted by each inter-track wagering licensee
5     or inter-track wagering location licensee shall be
6     considered a separate racing day for the purpose of
7     determining the daily handle and computing the privilege
8     tax or pari-mutuel tax on such daily handle as provided in
9     Section 27.
10         (10.1) Except as provided in subsection (g) of Section
11     27 of this Act, inter-track wagering location licensees
12     shall pay 1% of the pari-mutuel handle at each location to
13     the municipality in which such location is situated and 1%
14     of the pari-mutuel handle at each location to the county in
15     which such location is situated. In the event that an
16     inter-track wagering location licensee is situated in an
17     unincorporated area of a county, such licensee shall pay 2%
18     of the pari-mutuel handle from such location to such
19     county.
20         (10.2) Notwithstanding any other provision of this
21     Act, with respect to intertrack wagering at a race track
22     located in a county that has a population of more than
23     230,000 and that is bounded by the Mississippi River ("the
24     first race track"), or at a facility operated by an
25     inter-track wagering licensee or inter-track wagering
26     location licensee that derives its license from the

 

 

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1     organization licensee that operates the first race track,
2     on races conducted at the first race track or on races
3     conducted at another Illinois race track and
4     simultaneously televised to the first race track or to a
5     facility operated by an inter-track wagering licensee or
6     inter-track wagering location licensee that derives its
7     license from the organization licensee that operates the
8     first race track, those moneys shall be allocated as
9     follows:
10             (A) That portion of all moneys wagered on
11         standardbred racing that is required under this Act to
12         be paid to purses shall be paid to purses for
13         standardbred races.
14             (B) That portion of all moneys wagered on
15         thoroughbred racing that is required under this Act to
16         be paid to purses shall be paid to purses for
17         thoroughbred races.
18         (11) (A) After payment of the privilege or pari-mutuel
19     tax, any other applicable taxes, and the costs and expenses
20     in connection with the gathering, transmission, and
21     dissemination of all data necessary to the conduct of
22     inter-track wagering, the remainder of the monies retained
23     under either Section 26 or Section 26.2 of this Act by the
24     inter-track wagering licensee on inter-track wagering
25     shall be allocated with 50% to be split between the 2
26     participating licensees and 50% to purses, except that an

 

 

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

 

 

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

 

 

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

 

 

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1     an organization licensee that conducts a race meet in a
2     county with a population in excess of 230,000 and that
3     borders the Mississippi River shall not divide any
4     remaining retention with the organization licensee.
5     Notwithstanding the provisions of clauses (ii) and (iv) of
6     this paragraph, in the case of the additional inter-track
7     wagering location licenses authorized under paragraph (1)
8     of this subsection (h) by this amendatory Act of 1991,
9     those licensees shall pay the following amounts as purses:
10     during the first 12 months the licensee is in operation,
11     5.25% of the pari-mutuel handle wagered at the location on
12     races; during the second 12 months, 5.25%; during the third
13     12 months, 5.75%; during the fourth 12 months, 6.25%; and
14     during the fifth 12 months and thereafter, 6.75%. The
15     following amounts shall be retained by the licensee to
16     satisfy all costs and expenses of conducting its wagering:
17     during the first 12 months the licensee is in operation,
18     8.25% of the pari-mutuel handle wagered at the location;
19     during the second 12 months, 8.25%; during the third 12
20     months, 7.75%; during the fourth 12 months, 7.25%; and
21     during the fifth 12 months and thereafter, 6.75%. For
22     additional intertrack wagering location licensees
23     authorized under this amendatory Act of 1995, purses for
24     the first 12 months the licensee is in operation shall be
25     5.75% of the pari-mutuel wagered at the location, purses
26     for the second 12 months the licensee is in operation shall

 

 

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

 

 

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1         Agriculture upon the advice of a 9-member committee
2         appointed by the Governor consisting of the following
3         members: the Director of Agriculture, who shall serve
4         as chairman; 2 representatives of organization
5         licensees conducting thoroughbred race meetings in
6         this State, recommended by those licensees; 2
7         representatives of organization licensees conducting
8         standardbred race meetings in this State, recommended
9         by those licensees; a representative of the Illinois
10         Thoroughbred Breeders and Owners Foundation,
11         recommended by that Foundation; a representative of
12         the Illinois Standardbred Owners and Breeders
13         Association, recommended by that Association; a
14         representative of the Horsemen's Benevolent and
15         Protective Association or any successor organization
16         thereto established in Illinois comprised of the
17         largest number of owners and trainers, recommended by
18         that Association or that successor organization; and a
19         representative of the Illinois Harness Horsemen's
20         Association, recommended by that Association.
21         Committee members shall serve for terms of 2 years,
22         commencing January 1 of each even-numbered year. If a
23         representative of any of the above-named entities has
24         not been recommended by January 1 of any even-numbered
25         year, the Governor shall appoint a committee member to
26         fill that position. Committee members shall receive no

 

 

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1         compensation for their services as members but shall be
2         reimbursed for all actual and necessary expenses and
3         disbursements incurred in the performance of their
4         official duties. The remaining 50% of this
5         two-sevenths shall be distributed to county fairs for
6         premiums and rehabilitation as set forth in the
7         Agricultural Fair Act;
8             Four-sevenths to park districts or municipalities
9         that do not have a park district of 500,000 population
10         or less for museum purposes (if an inter-track wagering
11         location licensee is located in such a park district)
12         or to conservation districts for museum purposes (if an
13         inter-track wagering location licensee is located in a
14         municipality that is not included within any park
15         district but is included within a conservation
16         district and is the county seat of a county that (i) is
17         contiguous to the state of Indiana and (ii) has a 1990
18         population of 88,257 according to the United States
19         Bureau of the Census, except that if the conservation
20         district does not maintain a museum, the monies shall
21         be allocated equally between the county and the
22         municipality in which the inter-track wagering
23         location licensee is located for general purposes) or
24         to a municipal recreation board for park purposes (if
25         an inter-track wagering location licensee is located
26         in a municipality that is not included within any park

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1     racing program, those races shall be considered a separate
2     racing day for the purpose of determining the daily handle
3     and computing the privilege or pari-mutuel tax on that
4     daily handle as provided in Sections 27 and 27.1. Such
5     agreements shall be approved by the Board before such
6     wagering may be conducted. In determining whether to grant
7     approval, the Board shall give due consideration to the
8     best interests of the public and of horse racing. The
9     provisions of paragraphs (1), (8), (8.1), and (8.2) of
10     subsection (h) of this Section which are not specified in
11     this paragraph (13) shall not apply to licensed race
12     meetings conducted by the Department of Agriculture at the
13     Illinois State Fair in Sangamon County or the DuQuoin State
14     Fair in Perry County, or to any wagering conducted on those
15     race meetings.
16     (i) Notwithstanding the other provisions of this Act, the
17 conduct of wagering at wagering facilities is authorized on all
18 days, except as limited by subsection (b) of Section 19 of this
19 Act.
20 (Source: P.A. 91-40, eff. 6-25-99; 92-211, eff. 8-2-01.)
 
21     (230 ILCS 5/27)  (from Ch. 8, par. 37-27)
22     Sec. 27. (a) In addition to the organization license fee
23 provided by this Act, until January 1, 2000, a graduated
24 privilege tax is hereby imposed for conducting the pari-mutuel
25 system of wagering permitted under this Act. Until January 1,

 

 

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1 2000, except as provided in subsection (g) of Section 27 of
2 this Act, all of the breakage of each racing day held by any
3 licensee in the State shall be paid to the State. Until January
4 1, 2000, such daily graduated privilege tax shall be paid by
5 the licensee from the amount permitted to be retained under
6 this Act. Until January 1, 2000, each day's graduated privilege
7 tax, breakage, and Horse Racing Tax Allocation funds shall be
8 remitted to the Department of Revenue within 48 hours after the
9 close of the racing day upon which it is assessed or within
10 such other time as the Board prescribes. The privilege tax
11 hereby imposed, until January 1, 2000, shall be a flat tax at
12 the rate of 2% of the daily pari-mutuel handle except as
13 provided in Section 27.1.
14     In addition, every organization licensee, except as
15 provided in Section 27.1 of this Act, which conducts multiple
16 wagering shall pay, until January 1, 2000, as a privilege tax
17 on multiple wagers an amount equal to 1.25% of all moneys
18 wagered each day on such multiple wagers, plus an additional
19 amount equal to 3.5% of the amount wagered each day on any
20 other multiple wager which involves a single betting interest
21 on 3 or more horses. The licensee shall remit the amount of
22 such taxes to the Department of Revenue within 48 hours after
23 the close of the racing day on which it is assessed or within
24 such other time as the Board prescribes.
25     This subsection (a) shall be inoperative and of no force
26 and effect on and after January 1, 2000.

 

 

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1     (a-5) Beginning on January 1, 2000, a flat pari-mutuel tax
2 at the rate of 1.5% of the daily pari-mutuel handle is imposed
3 at all pari-mutuel wagering facilities and on advance deposit
4 wagering from a location other than a wagering facility, except
5 as otherwise provided for in this subsection (a-5). In addition
6 to the pari-mutuel tax imposed on advance deposit wagering
7 pursuant to this subsection (a-5), an additional pari-mutuel
8 tax at the rate of 0.25% shall be imposed on advance deposit
9 wagering, the amount of which shall not exceed $250,000 in each
10 calendar year. The additional 0.25% pari-mutuel tax imposed on
11 advance deposit wagering by this amendatory Act of the 96th
12 General Assembly shall be deposited into the Quarter Horse
13 Purse Fund, which shall be created as a non-appropriated trust
14 fund administered by the Board for grants to thoroughbred
15 organization licensees for payment of purses for quarter horse
16 races conducted by the organization licensee. Thoroughbred
17 organization licensees may petition the Board to conduct
18 quarter horse racing and receive purse grants from the Quarter
19 Horse Purse Fund. The Board shall have complete discretion in
20 distributing the Quarter Horse Purse Fund to the petitioning
21 organization licensees. Beginning on the effective date of this
22 amendatory Act of the 94th General Assembly and until moneys
23 deposited pursuant to Section 54 are distributed and received,
24 a pari-mutuel tax at the rate of 0.25% of the daily pari-mutuel
25 handle is imposed at a pari-mutuel facility whose license is
26 derived from a track located in a county that borders the

 

 

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1 Mississippi River and conducted live racing in the previous
2 year. After moneys deposited pursuant to Section 54 are
3 distributed and received, a pari-mutuel tax at the rate of 1.5%
4 of the daily pari-mutuel handle is imposed at a pari-mutuel
5 facility whose license is derived from a track located in a
6 county that borders the Mississippi River and conducted live
7 racing in the previous year. The pari-mutuel tax imposed by
8 this subsection (a-5) shall be remitted to the Department of
9 Revenue within 48 hours after the close of the racing day upon
10 which it is assessed or within such other time as the Board
11 prescribes.
12     (b) On or before December 31, 1999, in the event that any
13 organization licensee conducts 2 separate programs of races on
14 any day, each such program shall be considered a separate
15 racing day for purposes of determining the daily handle and
16 computing the privilege tax on such daily handle as provided in
17 subsection (a) of this Section.
18     (c) Licensees shall at all times keep accurate books and
19 records of all monies wagered on each day of a race meeting and
20 of the taxes paid to the Department of Revenue under the
21 provisions of this Section. The Board or its duly authorized
22 representative or representatives shall at all reasonable
23 times have access to such records for the purpose of examining
24 and checking the same and ascertaining whether the proper
25 amount of taxes is being paid as provided. The Board shall
26 require verified reports and a statement of the total of all

 

 

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1 monies wagered daily at each wagering facility upon which the
2 taxes are assessed and may prescribe forms upon which such
3 reports and statement shall be made.
4     (d) Any licensee failing or refusing to pay the amount of
5 any tax due under this Section shall be guilty of a business
6 offense and upon conviction shall be fined not more than $5,000
7 in addition to the amount found due as tax under this Section.
8 Each day's violation shall constitute a separate offense. All
9 fines paid into Court by a licensee hereunder shall be
10 transmitted and paid over by the Clerk of the Court to the
11 Board.
12     (e) No other license fee, privilege tax, excise tax, or
13 racing fee, except as provided in this Act, shall be assessed
14 or collected from any such licensee by the State.
15     (f) No other license fee, privilege tax, excise tax or
16 racing fee shall be assessed or collected from any such
17 licensee by units of local government except as provided in
18 paragraph 10.1 of subsection (h) and subsection (f) of Section
19 26 of this Act. However, any municipality that has a Board
20 licensed horse race meeting at a race track wholly within its
21 corporate boundaries or a township that has a Board licensed
22 horse race meeting at a race track wholly within the
23 unincorporated area of the township may charge a local
24 amusement tax not to exceed 10¢ per admission to such horse
25 race meeting by the enactment of an ordinance. However, any
26 municipality or county that has a Board licensed inter-track

 

 

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1 wagering location facility wholly within its corporate
2 boundaries may each impose an admission fee not to exceed $1.00
3 per admission to such inter-track wagering location facility,
4 so that a total of not more than $2.00 per admission may be
5 imposed. Except as provided in subparagraph (g) of Section 27
6 of this Act, the inter-track wagering location licensee shall
7 collect any and all such fees and within 48 hours remit the
8 fees to the Board, which shall, pursuant to rule, cause the
9 fees to be distributed to the county or municipality.
10     (g) Notwithstanding any provision in this Act to the
11 contrary, if in any calendar year the total taxes and fees
12 required to be collected from licensees and distributed under
13 this Act to all State and local governmental authorities
14 exceeds the amount of such taxes and fees distributed to each
15 State and local governmental authority to which each State and
16 local governmental authority was entitled under this Act for
17 calendar year 1994, then the first $11 million of that excess
18 amount shall be allocated at the earliest possible date for
19 distribution as purse money for the succeeding calendar year.
20 Upon reaching the 1994 level, and until the excess amount of
21 taxes and fees exceeds $11 million, the Board shall direct all
22 licensees to cease paying the subject taxes and fees and the
23 Board shall direct all licensees to allocate any such excess
24 amount for purses as follows:
25         (i) the excess amount shall be initially divided
26     between thoroughbred and standardbred purses based on the

 

 

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1     thoroughbred's and standardbred's respective percentages
2     of total Illinois live wagering in calendar year 1994;
3         (ii) each thoroughbred and standardbred organization
4     licensee issued an organization licensee in that
5     succeeding allocation year shall be allocated an amount
6     equal to the product of its percentage of total Illinois
7     live thoroughbred or standardbred wagering in calendar
8     year 1994 (the total to be determined based on the sum of
9     1994 on-track wagering for all organization licensees
10     issued organization licenses in both the allocation year
11     and the preceding year) multiplied by the total amount
12     allocated for standardbred or thoroughbred purses,
13     provided that the first $1,500,000 of the amount allocated
14     to standardbred purses under item (i) shall be allocated to
15     the Department of Agriculture to be expended with the
16     assistance and advice of the Illinois Standardbred
17     Breeders Funds Advisory Board for the purposes listed in
18     subsection (g) of Section 31 of this Act, before the amount
19     allocated to standardbred purses under item (i) is
20     allocated to standardbred organization licensees in the
21     succeeding allocation year.
22     To the extent the excess amount of taxes and fees to be
23 collected and distributed to State and local governmental
24 authorities exceeds $11 million, that excess amount shall be
25 collected and distributed to State and local authorities as
26 provided for under this Act.

 

 

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1 (Source: P.A. 94-805, eff. 5-26-06.)
 
2     Section 99. Effective date. This Act takes effect upon
3 becoming law.