Executive Committee

Filed: 5/6/2009

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1298

2     AMENDMENT NO. ______. Amend Senate Bill 1298 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Illinois Horse Racing Act of 1975 is
5 amended by changing Sections 3.071, 3.077, 3.12, 3.20, 3.22,
6 3.23, 26, and 27 and by adding Sections 3.28, 3.29, and 3.30 as
7 follows:
 
8     (230 ILCS 5/3.071)  (from Ch. 8, par. 37-3.071)
9     Sec. 3.071. Inter-track wagering. "Inter-track Wagering"
10 means a legal wager on the outcome of a simultaneously
11 televised horse race taking place at an Illinois race track
12 placed or accepted at any location authorized to accept wagers
13 under this Act, excluding the Illinois race track at which that
14 horse race is being conducted and excluding advance deposit
15 wagering through an advance deposit wagering licensee.
16 (Source: P.A. 89-16, eff. 5-30-95.)
 

 

 

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1     (230 ILCS 5/3.077)
2     Sec. 3.077. Non-host licensee. "Non-host licensee" means a
3 licensee operating concurrently with a host track, but does not
4 include an advance deposit wagering licensee.
5 (Source: P.A. 89-16, eff. 5-30-95.)
 
6     (230 ILCS 5/3.12)  (from Ch. 8, par. 37-3.12)
7     Sec. 3.12. Pari-mutuel system of wagering. "Pari-mutuel
8 system of wagering" means a form of wagering on the outcome of
9 horse races in which wagers are made in various denominations
10 on a horse or horses and all wagers for each race are pooled
11 and held by a licensee for distribution in a manner approved by
12 the Board. Wagers may be placed via any method or at any
13 location authorized under this Act.
14 (Source: P.A. 89-16, eff. 5-30-95.)
 
15     (230 ILCS 5/3.20)
16     Sec. 3.20. Licensee. "Licensee" means an individual
17 organization licensee, an inter-track wagering licensee, an or
18 inter-track wagering location licensee, or an advance deposit
19 wagering licensee, as the context of this Act requires.
20 (Source: P.A. 89-16, eff. 5-30-95.)
 
21     (230 ILCS 5/3.22)
22     Sec. 3.22. Wagering facility. "Wagering facility" means

 

 

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1 any location at which a licensee, other than an advance deposit
2 wagering licensee, may accept or receive pari-mutuel wagers
3 under this Act.
4 (Source: P.A. 89-16, eff. 5-30-95.)
 
5     (230 ILCS 5/3.23)
6     Sec. 3.23. Wagering. "Wagering" means, collectively, the
7 pari-mutuel system of wagering, inter-track wagering, and
8 simulcast wagering, and advance deposit wagering.
9 (Source: P.A. 89-16, eff. 5-30-95.)
 
10     (230 ILCS 5/3.28 new)
11     Sec. 3.28. Advance deposit wagering licensee. "Advance
12 deposit wagering licensee" means a person licensed by the Board
13 to conduct advance deposit wagering. An advance deposit
14 wagering licensee shall be an organization licensee or a person
15 or third party who contracts with an organization licensee in
16 order to conduct advance deposit wagering.
 
17     (230 ILCS 5/3.29 new)
18     Sec. 3.29. Advance deposit wagering. "Advance deposit
19 wagering" means a method of pari-mutuel wagering in which an
20 individual may establish an account, deposit money into the
21 account, and use the account balance to pay for pari-mutuel
22 wagering authorized by this Act. An advance deposit wager may
23 be placed in person at a wagering facility or from any other

 

 

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1 location via a telephone-type device or any other electronic
2 means. Any person who accepts an advance deposit wager who is
3 not licensed by the Board as an advance deposit wagering
4 licensee shall be considered in violation of this Act and the
5 Criminal Code of 1961. Any advance deposit wager placed in
6 person at a wagering facility shall be deemed to have been
7 placed at that wagering facility.
 
8     (230 ILCS 5/3.30 new)
9     Sec. 3.30. Advance deposit wagering terminal. "Advance
10 deposit wagering terminal" means any electronic device placed
11 by an advanced deposit wagering licensee at a wagering facility
12 that facilitates the placement of an advance deposit wager and
13 that can be electronically tracked so the location of the
14 wagering facility where the advance deposit wagering terminal
15 is located can be readily identified and so all wagers placed
16 through the advance deposit wagering terminal are easily
17 reportable.
 
18     (230 ILCS 5/26)  (from Ch. 8, par. 37-26)
19     Sec. 26. Wagering.
20     (a) Any licensee may conduct and supervise the pari-mutuel
21 system of wagering, as defined in Section 3.12 of this Act, on
22 horse races conducted by an Illinois organization licensee or
23 conducted at a racetrack located in another state or country
24 and televised in Illinois in accordance with subsection (g) of

 

 

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1 Section 26 of this Act. Subject to the prior consent of the
2 Board, licensees may supplement any pari-mutuel pool in order
3 to guarantee a minimum distribution. Such pari-mutuel method of
4 wagering shall not, under any circumstances if conducted under
5 the provisions of this Act, be held or construed to be
6 unlawful, other statutes of this State to the contrary
7 notwithstanding. Subject to rules for advance wagering
8 promulgated by the Board, any licensee may accept wagers in
9 advance of the day of the race wagered upon occurs.
10     (b) No other method of betting, pool making, wagering or
11 gambling shall be used or permitted by the licensee. Each
12 licensee may retain, subject to the payment of all applicable
13 taxes and purses, an amount not to exceed 17% of all money
14 wagered under subsection (a) of this Section, except as may
15 otherwise be permitted under this Act.
16     (b-5) An individual may place a wager under the pari-mutuel
17 system from any licensed location authorized under this Act
18 provided that wager is electronically recorded in the manner
19 described in Section 3.12 of this Act. Any wager made
20 electronically by an individual while physically on the
21 premises of a licensee shall be deemed to have been made at the
22 premises of that licensee.
23     (c) Until January 1, 2000, the sum held by any licensee for
24 payment of outstanding pari-mutuel tickets, if unclaimed prior
25 to December 31 of the next year, shall be retained by the
26 licensee for payment of such tickets until that date. Within 10

 

 

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1 days thereafter, the balance of such sum remaining unclaimed,
2 less any uncashed supplements contributed by such licensee for
3 the purpose of guaranteeing minimum distributions of any
4 pari-mutuel pool, shall be paid to the Illinois Veterans'
5 Rehabilitation Fund of the State treasury, except as provided
6 in subsection (g) of Section 27 of this Act.
7     (c-5) Beginning January 1, 2000, the sum held by any
8 licensee for payment of outstanding pari-mutuel tickets, if
9 unclaimed prior to December 31 of the next year, shall be
10 retained by the licensee for payment of such tickets until that
11 date. Within 10 days thereafter, the balance of such sum
12 remaining unclaimed, less any uncashed supplements contributed
13 by such licensee for the purpose of guaranteeing minimum
14 distributions of any pari-mutuel pool, shall be evenly
15 distributed to the purse account of the organization licensee
16 and the organization licensee.
17     (d) A pari-mutuel ticket shall be honored until December 31
18 of the next calendar year, and the licensee shall pay the same
19 and may charge the amount thereof against unpaid money
20 similarly accumulated on account of pari-mutuel tickets not
21 presented for payment.
22     (e) No licensee shall knowingly permit any minor, other
23 than an employee of such licensee or an owner, trainer, jockey,
24 driver, or employee thereof, to be admitted during a racing
25 program unless accompanied by a parent or guardian, or any
26 minor to be a patron of the pari-mutuel system of wagering

 

 

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1 conducted or supervised by it. The admission of any
2 unaccompanied minor, other than an employee of the licensee or
3 an owner, trainer, jockey, driver, or employee thereof at a
4 race track is a Class C misdemeanor.
5     (f) Notwithstanding the other provisions of this Act, an
6 organization licensee may contract with an entity in another
7 state or country to permit any legal wagering entity in another
8 state or country to accept wagers solely within such other
9 state or country on races conducted by the organization
10 licensee in this State. Beginning January 1, 2000, these wagers
11 shall not be subject to State taxation. Until January 1, 2000,
12 when the out-of-State entity conducts a pari-mutuel pool
13 separate from the organization licensee, a privilege tax equal
14 to 7 1/2% of all monies received by the organization licensee
15 from entities in other states or countries pursuant to such
16 contracts is imposed on the organization licensee, and such
17 privilege tax shall be remitted to the Department of Revenue
18 within 48 hours of receipt of the moneys from the simulcast.
19 When the out-of-State entity conducts a combined pari-mutuel
20 pool with the organization licensee, the tax shall be 10% of
21 all monies received by the organization licensee with 25% of
22 the receipts from this 10% tax to be distributed to the county
23 in which the race was conducted.
24     An organization licensee may permit one or more of its
25 races to be utilized for pari-mutuel wagering at one or more
26 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 and advance deposit wagering licensees
15 shall carry the signal of and accept wagers on live racing of
16 all organization licensees. Advance deposit wagering licensees
17 shall not be permitted to accept out-of-state wagers on any
18 Illinois signal provided pursuant to this Section without the
19 approval and consent of the organization licensee providing the
20 signal. Non-host licensees may carry the host track simulcast
21 program and shall accept wagers on all races included as part
22 of the simulcast program upon which wagering is permitted. All
23 organization licensees shall provide their live signal to all
24 advance deposit wagering licensees for a simulcast commission
25 fee not to exceed 6% of the advance deposit wagering licensee's
26 Illinois handle on the organization licensee's signal without

 

 

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1 prior approval by the Board. The Board may adopt rules under
2 which it may permit simulcast commission fees in excess of 6%.
3 The Board shall adopt rules limiting the interstate commission
4 fees charged to an advance deposit wagering licensee. The Board
5 shall adopt rules regarding advance deposit wagering on
6 interstate simulcast races that shall reflect, among other
7 things, the General Assembly's desire to maximize revenues to
8 the State, horsemen purses, and organizational licensees.
9 However, organization licensees providing live signals
10 pursuant to the requirements of this subsection (g) may
11 petition the Board to withhold their live signals from an
12 advance deposit wagering licensee if the organization licensee
13 discovers and the Board finds reputable or credible information
14 that the advance deposit wagering licensee is under
15 investigation by another state or federal governmental agency,
16 the advance deposit wagering licensee's license has been
17 suspended in another state, or the advance deposit wagering
18 licensee's license is in revocation proceedings in another
19 state. The organization licensee's provision of their live
20 signal to an advance deposit wagering licensee under this
21 subsection (g) pertains to wagers placed from within Illinois.
22 Advance deposit wagering licensees may place advance deposit
23 wagering terminals at wagering facilities as a convenience to
24 customers. The advance deposit wagering licensee shall not
25 charge or collect any fee from purses for the placement of the
26 advance deposit wagering terminals. The costs and expenses of

 

 

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1 the host track and non-host licensees associated with
2 interstate simulcast wagering, other than the interstate
3 commission fee, shall be borne by the host track and all
4 non-host licensees incurring these costs. The interstate
5 commission fee shall not exceed 5% of Illinois handle on the
6 interstate simulcast race or races without prior approval of
7 the Board. The Board shall promulgate rules under which it may
8 permit interstate commission fees in excess of 5%. The
9 interstate commission fee and other fees charged by the sending
10 racetrack, including, but not limited to, satellite decoder
11 fees, shall be uniformly applied to the host track and all
12 non-host licensees.
13     Notwithstanding any other provision of this Act, for a
14 period of 3 years after the effective date of this amendatory
15 Act of the 96th General Assembly, an organization licensee may
16 maintain a system whereby advance deposit wagering may take
17 place or an organization licensee, with the consent of the
18 horsemen association representing the largest number of
19 owners, trainers, jockeys, or standardbred drivers who race
20 horses at that organization licensee's racing meeting, may
21 contract with another person to carry out a system of advance
22 deposit wagering. Such consent may not be unreasonably
23 withheld. All advance deposit wagers placed from within
24 Illinois must be placed through a Board-approved advance
25 deposit wagering licensee; no other entity may accept an
26 advance deposit wager from a person within Illinois. All

 

 

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1 advance deposit wagering is subject to any rules adopted by the
2 Board. The Board may adopt rules necessary to regulate advance
3 deposit wagering through the use of emergency rulemaking in
4 accordance with Section 5-45 of the Illinois Administrative
5 Procedure Act. The General Assembly finds that the adoption of
6 rules to regulate advance deposit wagering is deemed an
7 emergency and necessary for the public interest, safety, and
8 welfare. An advance deposit wagering licensee may retain all
9 moneys as agreed to by contract with an organization licensee.
10 Any moneys retained by the organization licensee from advance
11 deposit wagering, not including moneys retained by the advance
12 deposit wagering licensee, shall be paid 50% to the
13 organization licensee's purse account and 50% to the
14 organization licensee. If more than one breed races at the same
15 race track facility, then the 50% of the moneys to be paid to
16 an organization licensee's purse account shall be allocated
17 among all organization licensees' purse accounts operating at
18 that race track facility proportionately based on the actual
19 number of host days that the Board grants to that breed at that
20 race track facility in the current calendar year. To the extent
21 any fees from advance deposit wagering conducted in Illinois
22 for wagers in Illinois or other states have been placed in
23 escrow or otherwise withheld from wagers pending a
24 determination of the legality of advance deposit wagering, no
25 action shall be brought to declare such wagers or the
26 disbursement of any fees previously escrowed illegal.

 

 

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

 

 

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

 

 

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1     states or countries to be combined with its gross or net
2     wagering pools or other wagering pools.
3         (5) After the payment of the interstate commission fee
4     (except for the interstate commission fee on a supplemental
5     interstate simulcast, which shall be paid by the host track
6     and by each non-host licensee through the host-track) and
7     all applicable State and local taxes, except as provided in
8     subsection (g) of Section 27 of this Act, the remainder of
9     moneys retained from simulcast wagering pursuant to this
10     subsection (g), and Section 26.2 shall be divided as
11     follows:
12             (A) For interstate simulcast wagers made at a host
13         track, 50% to the host track and 50% to purses at the
14         host track.
15             (B) For wagers placed on interstate simulcast
16         races, supplemental simulcasts as defined in
17         subparagraphs (1) and (2), and separately pooled races
18         conducted outside of the State of Illinois made at a
19         non-host licensee, 25% to the host track, 25% to the
20         non-host licensee, and 50% to the purses at the host
21         track.
22         (6) Notwithstanding any provision in this Act to the
23     contrary, non-host licensees who derive their licenses
24     from a track located in a county with a population in
25     excess of 230,000 and that borders the Mississippi River
26     may receive supplemental interstate simulcast races at all

 

 

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

 

 

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1         occurring in Illinois, between 6:30 a.m. and 6:30 p.m.
2         the purse share from wagers made during this time
3         period to its thoroughbred purse account and between
4         6:30 p.m. and 6:30 a.m. the purse share from wagers
5         made during this time period to its standardbred purse
6         accounts;
7             (D) Between the third Saturday in February and
8         December 31, when the interstate simulcast occurs
9         between the hours of 6:30 a.m. and 6:30 p.m., the purse
10         share to its thoroughbred purse account;
11             (E) Between the third Saturday in February and
12         December 31, when the interstate simulcast occurs
13         between the hours of 6:30 p.m. and 6:30 a.m., the purse
14         share to its standardbred purse account.
15         (7.1) Notwithstanding any other provision of this Act
16     to the contrary, if no standardbred racing is conducted at
17     a racetrack located in Madison County during any calendar
18     year beginning on or after January 1, 2002, all moneys
19     derived by that racetrack from simulcast wagering and
20     inter-track wagering that (1) are to be used for purses and
21     (2) are generated between the hours of 6:30 p.m. and 6:30
22     a.m. during that calendar year shall be paid as follows:
23             (A) If the licensee that conducts horse racing at
24         that racetrack requests from the Board at least as many
25         racing dates as were conducted in calendar year 2000,
26         80% shall be paid to its thoroughbred purse account;

 

 

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

 

 

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1         that racetrack requests from the Board at least as many
2         racing dates as were conducted in calendar year 2000,
3         80% shall be deposited into its standardbred purse
4         account; and
5             (B) Twenty percent shall be deposited into the
6         Illinois Colt Stakes Purse Distribution Fund. Moneys
7         deposited into the Illinois Colt Stakes Purse
8         Distribution Fund pursuant to this subparagraph (B)
9         shall be paid to Illinois conceived and foaled
10         thoroughbred breeders' programs and to thoroughbred
11         purses for races conducted at any county fairgrounds
12         for Illinois conceived and foaled horses at the
13         discretion of the Department of Agriculture, with the
14         advice and assistance of the Illinois Thoroughbred
15         Breeders Fund Advisory Board. The moneys deposited
16         into the Illinois Colt Stakes Purse Distribution 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 thoroughbred purses under this Act, and shall
21         not be commingled with other moneys deposited into that
22         Fund.
23         (7.3) If no live standardbred racing is conducted at a
24     racetrack located in Madison County in calendar year 2000
25     or 2001, an organization licensee who is licensed to
26     conduct horse racing at that racetrack shall, before

 

 

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1     January 1, 2002, pay all moneys derived from simulcast
2     wagering and inter-track wagering in calendar years 2000
3     and 2001 and paid into the licensee's standardbred purse
4     account as follows:
5             (A) Eighty percent to that licensee's thoroughbred
6         purse account to be used for thoroughbred purses; and
7             (B) Twenty percent to the Illinois Colt Stakes
8         Purse Distribution Fund.
9         Failure to make the payment to the Illinois Colt Stakes
10     Purse Distribution Fund before January 1, 2002 shall result
11     in the immediate revocation of the licensee's organization
12     license, inter-track wagering license, and inter-track
13     wagering location license.
14         Moneys paid into the Illinois Colt Stakes Purse
15     Distribution Fund pursuant to this paragraph (7.3) shall be
16     paid to purses for standardbred races for Illinois
17     conceived and foaled horses conducted at any county
18     fairgrounds. Moneys paid into the Illinois Colt Stakes
19     Purse Distribution Fund pursuant to this paragraph (7.3)
20     shall be used as determined by the Department of
21     Agriculture, with the advice and assistance of the Illinois
22     Standardbred Breeders Fund Advisory Board, shall be in
23     addition to and not in lieu of any other moneys paid to
24     standardbred purses under this Act, and shall not be
25     commingled with any other moneys paid into that Fund.
26         (7.4) If live standardbred racing is conducted at a

 

 

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1     racetrack located in Madison County at any time in calendar
2     year 2001 before the payment required under paragraph (7.3)
3     has been made, the organization licensee who is licensed to
4     conduct racing at that racetrack shall pay all moneys
5     derived by that racetrack from simulcast wagering and
6     inter-track wagering during calendar years 2000 and 2001
7     that (1) are to be used for purses and (2) are generated
8     between the hours of 6:30 p.m. and 6:30 a.m. during 2000 or
9     2001 to the standardbred purse account at that racetrack to
10     be used for standardbred purses.
11         (8) Notwithstanding any provision in this Act to the
12     contrary, an organization licensee from a track located in
13     a county with a population in excess of 230,000 and that
14     borders the Mississippi River and its affiliated non-host
15     licensees shall not be entitled to share in any retention
16     generated on racing, inter-track wagering, or simulcast
17     wagering at any other Illinois wagering facility.
18         (8.1) Notwithstanding any provisions in this Act to the
19     contrary, if 2 organization licensees are conducting
20     standardbred race meetings concurrently between the hours
21     of 6:30 p.m. and 6:30 a.m., after payment of all applicable
22     State and local taxes and interstate commission fees, the
23     remainder of the amount retained from simulcast wagering
24     otherwise attributable to the host track and to host track
25     purses shall be split daily between the 2 organization
26     licensees and the purses at the tracks of the 2

 

 

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1     organization licensees, respectively, based on each
2     organization licensee's share of the total live handle for
3     that day, provided that this provision shall not apply to
4     any non-host licensee that derives its license from a track
5     located in a county with a population in excess of 230,000
6     and that borders the Mississippi River.
7         (9) (Blank).
8         (10) (Blank).
9         (11) (Blank).
10         (12) The Board shall have authority to compel all host
11     tracks to receive the simulcast of any or all races
12     conducted at the Springfield or DuQuoin State fairgrounds
13     and include all such races as part of their simulcast
14     programs.
15         (13) Notwithstanding any other provision of this Act,
16     in the event that the total Illinois pari-mutuel handle on
17     Illinois horse races at all wagering facilities in any
18     calendar year is less than 75% of the total Illinois
19     pari-mutuel handle on Illinois horse races at all such
20     wagering facilities for calendar year 1994, then each
21     wagering facility that has an annual total Illinois
22     pari-mutuel handle on Illinois horse races that is less
23     than 75% of the total Illinois pari-mutuel handle on
24     Illinois horse races at such wagering facility for calendar
25     year 1994, shall be permitted to receive, from any amount
26     otherwise payable to the purse account at the race track

 

 

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

 

 

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1     shall appropriate sufficient funds from the General
2     Revenue Fund to the Department of Agriculture for payment
3     into the thoroughbred and standardbred horse racing purse
4     accounts at Illinois pari-mutuel tracks. The amount paid to
5     each purse account shall be the amount certified by the
6     Illinois Racing Board in January to be transferred from
7     each account to each eligible racing facility in accordance
8     with the provisions of this Section.
9     (h) The Board may approve and license the conduct of
10 inter-track wagering and simulcast wagering by inter-track
11 wagering licensees and inter-track wagering location licensees
12 subject to the following terms and conditions:
13         (1) Any person licensed to conduct a race meeting (i)
14     at a track where 60 or more days of racing were conducted
15     during the immediately preceding calendar year or where
16     over the 5 immediately preceding calendar years an average
17     of 30 or more days of racing were conducted annually may be
18     issued an inter-track wagering license; (ii) at a track
19     located in a county that is bounded by the Mississippi
20     River, which has a population of less than 150,000
21     according to the 1990 decennial census, and an average of
22     at least 60 days of racing per year between 1985 and 1993
23     may be issued an inter-track wagering license; or (iii) at
24     a track located in Madison County that conducted at least
25     100 days of live racing during the immediately preceding
26     calendar year may be issued an inter-track wagering

 

 

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1     license, unless a lesser schedule of live racing is the
2     result of (A) weather, unsafe track conditions, or other
3     acts of God; (B) an agreement between the organization
4     licensee and the associations representing the largest
5     number of owners, trainers, jockeys, or standardbred
6     drivers who race horses at that organization licensee's
7     racing meeting; or (C) a finding by the Board of
8     extraordinary circumstances and that it was in the best
9     interest of the public and the sport to conduct fewer than
10     100 days of live racing. Any such person having operating
11     control of the racing facility may also receive up to 6
12     inter-track wagering location licenses. In no event shall
13     more than 6 inter-track wagering locations be established
14     for each eligible race track, except that an eligible race
15     track located in a county that has a population of more
16     than 230,000 and that is bounded by the Mississippi River
17     may establish up to 7 inter-track wagering locations. An
18     application for said license shall be filed with the Board
19     prior to such dates as may be fixed by the Board. With an
20     application for an inter-track wagering location license
21     there shall be delivered to the Board a certified check or
22     bank draft payable to the order of the Board for an amount
23     equal to $500. The application shall be on forms prescribed
24     and furnished by the Board. The application shall comply
25     with all other rules, regulations and conditions imposed by
26     the Board in connection therewith.

 

 

09600SB1298ham001 - 25 - LRB096 10399 AMC 25486 a

1         (2) The Board shall examine the applications with
2     respect to their conformity with this Act and the rules and
3     regulations imposed by the Board. If found to be in
4     compliance with the Act and rules and regulations of the
5     Board, the Board may then issue a license to conduct
6     inter-track wagering and simulcast wagering to such
7     applicant. All such applications shall be acted upon by the
8     Board at a meeting to be held on such date as may be fixed
9     by the Board.
10         (3) In granting licenses to conduct inter-track
11     wagering and simulcast wagering, the Board shall give due
12     consideration to the best interests of the public, of horse
13     racing, and of maximizing revenue to the State.
14         (4) Prior to the issuance of a license to conduct
15     inter-track wagering and simulcast wagering, the applicant
16     shall file with the Board a bond payable to the State of
17     Illinois in the sum of $50,000, executed by the applicant
18     and a surety company or companies authorized to do business
19     in this State, and conditioned upon (i) the payment by the
20     licensee of all taxes due under Section 27 or 27.1 and any
21     other monies due and payable under this Act, and (ii)
22     distribution by the licensee, upon presentation of the
23     winning ticket or tickets, of all sums payable to the
24     patrons of pari-mutuel pools.
25         (5) Each license to conduct inter-track wagering and
26     simulcast wagering shall specify the person to whom it is

 

 

09600SB1298ham001 - 26 - LRB096 10399 AMC 25486 a

1     issued, the dates on which such wagering is permitted, and
2     the track or location where the wagering is to be
3     conducted.
4         (6) All wagering under such license is subject to this
5     Act and to the rules and regulations from time to time
6     prescribed by the Board, and every such license issued by
7     the Board shall contain a recital to that effect.
8         (7) An inter-track wagering licensee or inter-track
9     wagering location licensee may accept wagers at the track
10     or location where it is licensed, or as otherwise provided
11     under this Act.
12         (8) Inter-track wagering or simulcast wagering shall
13     not be conducted at any track less than 5 miles from a
14     track at which a racing meeting is in progress.
15         (8.1) Inter-track wagering location licensees who
16     derive their licenses from a particular organization
17     licensee shall conduct inter-track wagering and simulcast
18     wagering only at locations which are either within 90 miles
19     of that race track where the particular organization
20     licensee is licensed to conduct racing, or within 135 miles
21     of that race track where the particular organization
22     licensee is licensed to conduct racing in the case of race
23     tracks in counties of less than 400,000 that were operating
24     on or before June 1, 1986. However, inter-track wagering
25     and simulcast wagering shall not be conducted by those
26     licensees at any location within 5 miles of any race track

 

 

09600SB1298ham001 - 27 - LRB096 10399 AMC 25486 a

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

 

 

09600SB1298ham001 - 28 - LRB096 10399 AMC 25486 a

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

 

 

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1     27 of this Act, inter-track wagering location licensees
2     shall pay 1% of the pari-mutuel handle at each location to
3     the municipality in which such location is situated and 1%
4     of the pari-mutuel handle at each location to the county in
5     which such location is situated. In the event that an
6     inter-track wagering location licensee is situated in an
7     unincorporated area of a county, such licensee shall pay 2%
8     of the pari-mutuel handle from such location to such
9     county.
10         (10.2) Notwithstanding any other provision of this
11     Act, with respect to intertrack wagering at a race track
12     located in a county that has a population of more than
13     230,000 and that is bounded by the Mississippi River ("the
14     first race track"), or at a facility operated by an
15     inter-track wagering licensee or inter-track wagering
16     location licensee that derives its license from the
17     organization licensee that operates the first race track,
18     on races conducted at the first race track or on races
19     conducted at another Illinois race track and
20     simultaneously televised to the first race track or to a
21     facility operated by an inter-track wagering licensee or
22     inter-track wagering location licensee that derives its
23     license from the organization licensee that operates the
24     first race track, those moneys shall be allocated as
25     follows:
26             (A) That portion of all moneys wagered on

 

 

09600SB1298ham001 - 30 - LRB096 10399 AMC 25486 a

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

 

 

09600SB1298ham001 - 31 - LRB096 10399 AMC 25486 a

1     licensee.
2         (B) From the sums permitted to be retained pursuant to
3     this Act each inter-track wagering location licensee shall
4     pay (i) the privilege or pari-mutuel tax to the State; (ii)
5     4.75% of the pari-mutuel handle on intertrack wagering at
6     such location on races as purses, except that an intertrack
7     wagering location licensee that derives its license from a
8     track located in a county with a population in excess of
9     230,000 and that borders the Mississippi River shall retain
10     all purse moneys for its own purse account consistent with
11     distribution set forth in this subsection (h), and
12     intertrack wagering location licensees that accept wagers
13     on races conducted by an organization licensee located in a
14     county with a population in excess of 230,000 and that
15     borders the Mississippi River shall distribute all purse
16     moneys to purses at the operating host track; (iii) until
17     January 1, 2000, except as provided in subsection (g) of
18     Section 27 of this Act, 1% of the pari-mutuel handle
19     wagered on inter-track wagering and simulcast wagering at
20     each inter-track wagering location licensee facility to
21     the Horse Racing Tax Allocation Fund, provided that, to the
22     extent the total amount collected and distributed to the
23     Horse Racing Tax Allocation Fund under this subsection (h)
24     during any calendar year exceeds the amount collected and
25     distributed to the Horse Racing Tax Allocation Fund during
26     calendar year 1994, that excess amount shall be

 

 

09600SB1298ham001 - 32 - LRB096 10399 AMC 25486 a

1     redistributed (I) to all inter-track wagering location
2     licensees, based on each licensee's pro-rata share of the
3     total handle from inter-track wagering and simulcast
4     wagering for all inter-track wagering location licensees
5     during the calendar year in which this provision is
6     applicable; then (II) the amounts redistributed to each
7     inter-track wagering location licensee as described in
8     subpart (I) shall be further redistributed as provided in
9     subparagraph (B) of paragraph (5) of subsection (g) of this
10     Section 26 provided first, that the shares of those
11     amounts, which are to be redistributed to the host track or
12     to purses at the host track under subparagraph (B) of
13     paragraph (5) of subsection (g) of this Section 26 shall be
14     redistributed based on each host track's pro rata share of
15     the total inter-track wagering and simulcast wagering
16     handle at all host tracks during the calendar year in
17     question, and second, that any amounts redistributed as
18     described in part (I) to an inter-track wagering location
19     licensee that accepts wagers on races conducted by an
20     organization licensee that conducts a race meet in a county
21     with a population in excess of 230,000 and that borders the
22     Mississippi River shall be further redistributed as
23     provided in subparagraphs (D) and (E) of paragraph (7) of
24     subsection (g) of this Section 26, with the portion of that
25     further redistribution allocated to purses at that
26     organization licensee to be divided between standardbred

 

 

09600SB1298ham001 - 33 - LRB096 10399 AMC 25486 a

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

 

 

09600SB1298ham001 - 34 - LRB096 10399 AMC 25486 a

1     5.25% of the pari-mutuel handle wagered at the location on
2     races; during the second 12 months, 5.25%; during the third
3     12 months, 5.75%; during the fourth 12 months, 6.25%; and
4     during the fifth 12 months and thereafter, 6.75%. The
5     following amounts shall be retained by the licensee to
6     satisfy all costs and expenses of conducting its wagering:
7     during the first 12 months the licensee is in operation,
8     8.25% of the pari-mutuel handle wagered at the location;
9     during the second 12 months, 8.25%; during the third 12
10     months, 7.75%; during the fourth 12 months, 7.25%; and
11     during the fifth 12 months and thereafter, 6.75%. For
12     additional intertrack wagering location licensees
13     authorized under this amendatory Act of 1995, purses for
14     the first 12 months the licensee is in operation shall be
15     5.75% of the pari-mutuel wagered at the location, purses
16     for the second 12 months the licensee is in operation shall
17     be 6.25%, and purses thereafter shall be 6.75%. For
18     additional intertrack location licensees authorized under
19     this amendatory Act of 1995, the licensee shall be allowed
20     to retain to satisfy all costs and expenses: 7.75% of the
21     pari-mutuel handle wagered at the location during its first
22     12 months of operation, 7.25% during its second 12 months
23     of operation, and 6.75% thereafter.
24         (C) There is hereby created the Horse Racing Tax
25     Allocation Fund which shall remain in existence until
26     December 31, 1999. Moneys remaining in the Fund after

 

 

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

 

 

09600SB1298ham001 - 36 - LRB096 10399 AMC 25486 a

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

 

 

09600SB1298ham001 - 37 - LRB096 10399 AMC 25486 a

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

 

 

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

 

 

09600SB1298ham001 - 39 - LRB096 10399 AMC 25486 a

1         promote the Illinois horse racing and breeding
2         industry, and shall be distributed by the Department of
3         Agriculture upon the advice of a 9-member committee
4         appointed by the Governor consisting of the following
5         members: the Director of Agriculture, who shall serve
6         as chairman; 2 representatives of organization
7         licensees conducting thoroughbred race meetings in
8         this State, recommended by those licensees; 2
9         representatives of organization licensees conducting
10         standardbred race meetings in this State, recommended
11         by those licensees; a representative of the Illinois
12         Thoroughbred Breeders and Owners Foundation,
13         recommended by that Foundation; a representative of
14         the Illinois Standardbred Owners and Breeders
15         Association, recommended by that Association; a
16         representative of the Horsemen's Benevolent and
17         Protective Association or any successor organization
18         thereto established in Illinois comprised of the
19         largest number of owners and trainers, recommended by
20         that Association or that successor organization; and a
21         representative of the Illinois Harness Horsemen's
22         Association, recommended by that Association.
23         Committee members shall serve for terms of 2 years,
24         commencing January 1 of each even-numbered year. If a
25         representative of any of the above-named entities has
26         not been recommended by January 1 of any even-numbered

 

 

09600SB1298ham001 - 40 - LRB096 10399 AMC 25486 a

1         year, the Governor shall appoint a committee member to
2         fill that position. Committee members shall receive no
3         compensation for their services as members but shall be
4         reimbursed for all actual and necessary expenses and
5         disbursements incurred in the performance of their
6         official duties. The remaining 50% of this
7         two-sevenths shall be distributed to county fairs for
8         premiums and rehabilitation as set forth in the
9         Agricultural Fair Act;
10             Four-sevenths to museums and aquariums located in
11         park districts of over 500,000 population; provided
12         that the monies are distributed in accordance with the
13         previous year's distribution of the maintenance tax
14         for such museums and aquariums as provided in Section 2
15         of the Park District Aquarium and Museum Act; and
16             One-seventh to the Agricultural Premium Fund to be
17         used for distribution to agricultural home economics
18         extension councils in accordance with "An Act in
19         relation to additional support and finances for the
20         Agricultural and Home Economic Extension Councils in
21         the several counties of this State and making an
22         appropriation therefor", approved July 24, 1967. This
23         subparagraph (C) shall be inoperative and of no force
24         and effect on and after January 1, 2000.
25             (D) Except as provided in paragraph (11) of this
26         subsection (h), with respect to purse allocation from

 

 

09600SB1298ham001 - 41 - LRB096 10399 AMC 25486 a

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

 

 

09600SB1298ham001 - 42 - LRB096 10399 AMC 25486 a

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

 

 

09600SB1298ham001 - 43 - LRB096 10399 AMC 25486 a

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

 

 

09600SB1298ham001 - 44 - LRB096 10399 AMC 25486 a

1         up to $10,000 against licensees for each violation of
2         any provision of this Act relating to the conduct of
3         this wagering, any rules adopted by the Board, any
4         order of the Board or any other action which in the
5         Board's discretion, is a detriment or impediment to
6         such wagering.
7         (13) The Department of Agriculture may enter into
8     agreements with licensees authorizing such licensees to
9     conduct inter-track wagering on races to be held at the
10     licensed race meetings conducted by the Department of
11     Agriculture. Such agreement shall specify the races of the
12     Department of Agriculture's licensed race meeting upon
13     which the licensees will conduct wagering. In the event
14     that a licensee conducts inter-track pari-mutuel wagering
15     on races from the Illinois State Fair or DuQuoin State Fair
16     which are in addition to the licensee's previously approved
17     racing program, those races shall be considered a separate
18     racing day for the purpose of determining the daily handle
19     and computing the privilege or pari-mutuel tax on that
20     daily handle as provided in Sections 27 and 27.1. Such
21     agreements shall be approved by the Board before such
22     wagering may be conducted. In determining whether to grant
23     approval, the Board shall give due consideration to the
24     best interests of the public and of horse racing. The
25     provisions of paragraphs (1), (8), (8.1), and (8.2) of
26     subsection (h) of this Section which are not specified in

 

 

09600SB1298ham001 - 45 - LRB096 10399 AMC 25486 a

1     this paragraph (13) shall not apply to licensed race
2     meetings conducted by the Department of Agriculture at the
3     Illinois State Fair in Sangamon County or the DuQuoin State
4     Fair in Perry County, or to any wagering conducted on those
5     race meetings.
6     (i) Notwithstanding the other provisions of this Act, the
7 conduct of wagering at wagering facilities is authorized on all
8 days, except as limited by subsection (b) of Section 19 of this
9 Act.
10 (Source: P.A. 91-40, eff. 6-25-99; 92-211, eff. 8-2-01.)
 
11     (230 ILCS 5/27)  (from Ch. 8, par. 37-27)
12     Sec. 27. (a) In addition to the organization license fee
13 provided by this Act, until January 1, 2000, a graduated
14 privilege tax is hereby imposed for conducting the pari-mutuel
15 system of wagering permitted under this Act. Until January 1,
16 2000, except as provided in subsection (g) of Section 27 of
17 this Act, all of the breakage of each racing day held by any
18 licensee in the State shall be paid to the State. Until January
19 1, 2000, such daily graduated privilege tax shall be paid by
20 the licensee from the amount permitted to be retained under
21 this Act. Until January 1, 2000, each day's graduated privilege
22 tax, breakage, and Horse Racing Tax Allocation funds shall be
23 remitted to the Department of Revenue within 48 hours after the
24 close of the racing day upon which it is assessed or within
25 such other time as the Board prescribes. The privilege tax

 

 

09600SB1298ham001 - 46 - LRB096 10399 AMC 25486 a

1 hereby imposed, until January 1, 2000, shall be a flat tax at
2 the rate of 2% of the daily pari-mutuel handle except as
3 provided in Section 27.1.
4     In addition, every organization licensee, except as
5 provided in Section 27.1 of this Act, which conducts multiple
6 wagering shall pay, until January 1, 2000, as a privilege tax
7 on multiple wagers an amount equal to 1.25% of all moneys
8 wagered each day on such multiple wagers, plus an additional
9 amount equal to 3.5% of the amount wagered each day on any
10 other multiple wager which involves a single betting interest
11 on 3 or more horses. The licensee shall remit the amount of
12 such taxes to the Department of Revenue within 48 hours after
13 the close of the racing day on which it is assessed or within
14 such other time as the Board prescribes.
15     This subsection (a) shall be inoperative and of no force
16 and effect on and after January 1, 2000.
17     (a-5) Beginning on January 1, 2000, a flat pari-mutuel tax
18 at the rate of 1.5% of the daily pari-mutuel handle is imposed
19 at all pari-mutuel wagering facilities and on advance deposit
20 wagering from a location other than a wagering facility, except
21 as otherwise provided for in this subsection (a-5). In addition
22 to the pari-mutuel tax imposed on advance deposit wagering
23 pursuant to this subsection (a-5), an additional pari-mutuel
24 tax at the rate of 0.25% shall be imposed on advance deposit
25 wagering, the amount of which shall not exceed $250,000 in each
26 calendar year. The additional 0.25% pari-mutuel tax imposed on

 

 

09600SB1298ham001 - 47 - LRB096 10399 AMC 25486 a

1 advance deposit wagering by this amendatory Act of the 96th
2 General Assembly shall be deposited into the Quarter Horse
3 Purse Fund, which shall be created as a non-appropriated trust
4 fund administered by the Board for grants to thoroughbred
5 organization licensees for payment of purses for quarter horse
6 races conducted by the organization licensee. Thoroughbred
7 organization licensees may petition the Board to conduct
8 quarter horse racing and receive purse grants from the Quarter
9 Horse Purse Fund. The Board shall have complete discretion in
10 distributing the Quarter Horse Purse Fund to the petitioning
11 organization licensees. Beginning on the effective date of this
12 amendatory Act of the 94th General Assembly and until moneys
13 deposited pursuant to Section 54 are distributed and received,
14 a pari-mutuel tax at the rate of 0.25% of the daily pari-mutuel
15 handle is imposed at a pari-mutuel facility whose license is
16 derived from a track located in a county that borders the
17 Mississippi River and conducted live racing in the previous
18 year. After moneys deposited pursuant to Section 54 are
19 distributed and received, a pari-mutuel tax at the rate of 1.5%
20 of the daily pari-mutuel handle is imposed at a pari-mutuel
21 facility whose license is derived from a track located in a
22 county that borders the Mississippi River and conducted live
23 racing in the previous year. The pari-mutuel tax imposed by
24 this subsection (a-5) shall be remitted to the Department of
25 Revenue within 48 hours after the close of the racing day upon
26 which it is assessed or within such other time as the Board

 

 

09600SB1298ham001 - 48 - LRB096 10399 AMC 25486 a

1 prescribes.
2     (b) On or before December 31, 1999, in the event that any
3 organization licensee conducts 2 separate programs of races on
4 any day, each such program shall be considered a separate
5 racing day for purposes of determining the daily handle and
6 computing the privilege tax on such daily handle as provided in
7 subsection (a) of this Section.
8     (c) Licensees shall at all times keep accurate books and
9 records of all monies wagered on each day of a race meeting and
10 of the taxes paid to the Department of Revenue under the
11 provisions of this Section. The Board or its duly authorized
12 representative or representatives shall at all reasonable
13 times have access to such records for the purpose of examining
14 and checking the same and ascertaining whether the proper
15 amount of taxes is being paid as provided. The Board shall
16 require verified reports and a statement of the total of all
17 monies wagered daily at each wagering facility upon which the
18 taxes are assessed and may prescribe forms upon which such
19 reports and statement shall be made.
20     (d) Any licensee failing or refusing to pay the amount of
21 any tax due under this Section shall be guilty of a business
22 offense and upon conviction shall be fined not more than $5,000
23 in addition to the amount found due as tax under this Section.
24 Each day's violation shall constitute a separate offense. All
25 fines paid into Court by a licensee hereunder shall be
26 transmitted and paid over by the Clerk of the Court to the

 

 

09600SB1298ham001 - 49 - LRB096 10399 AMC 25486 a

1 Board.
2     (e) No other license fee, privilege tax, excise tax, or
3 racing fee, except as provided in this Act, shall be assessed
4 or collected from any such licensee by the State.
5     (f) No other license fee, privilege tax, excise tax or
6 racing fee shall be assessed or collected from any such
7 licensee by units of local government except as provided in
8 paragraph 10.1 of subsection (h) and subsection (f) of Section
9 26 of this Act. However, any municipality that has a Board
10 licensed horse race meeting at a race track wholly within its
11 corporate boundaries or a township that has a Board licensed
12 horse race meeting at a race track wholly within the
13 unincorporated area of the township may charge a local
14 amusement tax not to exceed 10¢ per admission to such horse
15 race meeting by the enactment of an ordinance. However, any
16 municipality or county that has a Board licensed inter-track
17 wagering location facility wholly within its corporate
18 boundaries may each impose an admission fee not to exceed $1.00
19 per admission to such inter-track wagering location facility,
20 so that a total of not more than $2.00 per admission may be
21 imposed. Except as provided in subparagraph (g) of Section 27
22 of this Act, the inter-track wagering location licensee shall
23 collect any and all such fees and within 48 hours remit the
24 fees to the Board, which shall, pursuant to rule, cause the
25 fees to be distributed to the county or municipality.
26     (g) Notwithstanding any provision in this Act to the

 

 

09600SB1298ham001 - 50 - LRB096 10399 AMC 25486 a

1 contrary, if in any calendar year the total taxes and fees
2 required to be collected from licensees and distributed under
3 this Act to all State and local governmental authorities
4 exceeds the amount of such taxes and fees distributed to each
5 State and local governmental authority to which each State and
6 local governmental authority was entitled under this Act for
7 calendar year 1994, then the first $11 million of that excess
8 amount shall be allocated at the earliest possible date for
9 distribution as purse money for the succeeding calendar year.
10 Upon reaching the 1994 level, and until the excess amount of
11 taxes and fees exceeds $11 million, the Board shall direct all
12 licensees to cease paying the subject taxes and fees and the
13 Board shall direct all licensees to allocate any such excess
14 amount for purses as follows:
15         (i) the excess amount shall be initially divided
16     between thoroughbred and standardbred purses based on the
17     thoroughbred's and standardbred's respective percentages
18     of total Illinois live wagering in calendar year 1994;
19         (ii) each thoroughbred and standardbred organization
20     licensee issued an organization licensee in that
21     succeeding allocation year shall be allocated an amount
22     equal to the product of its percentage of total Illinois
23     live thoroughbred or standardbred wagering in calendar
24     year 1994 (the total to be determined based on the sum of
25     1994 on-track wagering for all organization licensees
26     issued organization licenses in both the allocation year

 

 

09600SB1298ham001 - 51 - LRB096 10399 AMC 25486 a

1     and the preceding year) multiplied by the total amount
2     allocated for standardbred or thoroughbred purses,
3     provided that the first $1,500,000 of the amount allocated
4     to standardbred purses under item (i) shall be allocated to
5     the Department of Agriculture to be expended with the
6     assistance and advice of the Illinois Standardbred
7     Breeders Funds Advisory Board for the purposes listed in
8     subsection (g) of Section 31 of this Act, before the amount
9     allocated to standardbred purses under item (i) is
10     allocated to standardbred organization licensees in the
11     succeeding allocation year.
12     To the extent the excess amount of taxes and fees to be
13 collected and distributed to State and local governmental
14 authorities exceeds $11 million, that excess amount shall be
15 collected and distributed to State and local authorities as
16 provided for under this Act.
17 (Source: P.A. 94-805, eff. 5-26-06.)
 
18     Section 99. Effective date. This Act takes effect upon
19 becoming law.".