Illinois General Assembly - Full Text of HB0335
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Full Text of HB0335  99th General Assembly

HB0335enr 99TH GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning gaming.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Horse Racing Act of 1975 is amended
5by changing Sections 26, 26.8, 26.9, 27, and 31 as follows:
 
6    (230 ILCS 5/26)  (from Ch. 8, par. 37-26)
7    Sec. 26. Wagering.
8    (a) Any licensee may conduct and supervise the pari-mutuel
9system of wagering, as defined in Section 3.12 of this Act, on
10horse races conducted by an Illinois organization licensee or
11conducted at a racetrack located in another state or country
12and televised in Illinois in accordance with subsection (g) of
13Section 26 of this Act. Subject to the prior consent of the
14Board, licensees may supplement any pari-mutuel pool in order
15to guarantee a minimum distribution. Such pari-mutuel method of
16wagering shall not, under any circumstances if conducted under
17the provisions of this Act, be held or construed to be
18unlawful, other statutes of this State to the contrary
19notwithstanding. Subject to rules for advance wagering
20promulgated by the Board, any licensee may accept wagers in
21advance of the day of the race wagered upon occurs.
22    (b) No other method of betting, pool making, wagering or
23gambling shall be used or permitted by the licensee. Each

 

 

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

 

 

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

 

 

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

 

 

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1of racing. The host track simulcast program shall include the
2signal of live racing of all organization licensees. All
3non-host licensees and advance deposit wagering licensees
4shall carry the signal of and accept wagers on live racing of
5all organization licensees. Advance deposit wagering licensees
6shall not be permitted to accept out-of-state wagers on any
7Illinois signal provided pursuant to this Section without the
8approval and consent of the organization licensee providing the
9signal. For one year after the effective date of this
10amendatory Act of the 98th General Assembly, non-host licensees
11may carry the host track simulcast program and shall accept
12wagers on all races included as part of the simulcast program
13of horse races conducted at race tracks located within North
14America upon which wagering is permitted. For a period of one
15year after the effective date of this amendatory Act of the
1698th General Assembly, on horse races conducted at race tracks
17located outside of North America, non-host licensees may accept
18wagers on all races included as part of the simulcast program
19upon which wagering is permitted. Beginning one year after the
20effective date of this amendatory Act of the 98th General
21Assembly, non-host licensees may carry the host track simulcast
22program and shall accept wagers on all races included as part
23of the simulcast program upon which wagering is permitted. All
24organization licensees shall provide their live signal to all
25advance deposit wagering licensees for a simulcast commission
26fee not to exceed 6% of the advance deposit wagering licensee's

 

 

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

 

 

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1advance deposit wagering terminals. The costs and expenses of
2the host track and non-host licensees associated with
3interstate simulcast wagering, other than the interstate
4commission fee, shall be borne by the host track and all
5non-host licensees incurring these costs. The interstate
6commission fee shall not exceed 5% of Illinois handle on the
7interstate simulcast race or races without prior approval of
8the Board. The Board shall promulgate rules under which it may
9permit interstate commission fees in excess of 5%. The
10interstate commission fee and other fees charged by the sending
11racetrack, including, but not limited to, satellite decoder
12fees, shall be uniformly applied to the host track and all
13non-host licensees.
14    Notwithstanding any other provision of this Act, through
15December 31, 2018 until February 1, 2017, an organization
16licensee, with the consent of the horsemen association
17representing the largest number of owners, trainers, jockeys,
18or standardbred drivers who race horses at that organization
19licensee's racing meeting, may maintain a system whereby
20advance deposit wagering may take place or an organization
21licensee, with the consent of the horsemen association
22representing the largest number of owners, trainers, jockeys,
23or standardbred drivers who race horses at that organization
24licensee's racing meeting, may contract with another person to
25carry out a system of advance deposit wagering. Such consent
26may not be unreasonably withheld. Only with respect to an

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        occurring in Illinois during this period, and the
2        interstate simulcast is a thoroughbred race, the purse
3        share to its interstate simulcast purse pool to be
4        distributed under paragraph (10) of this subsection
5        (g);
6            (C) Between January 1 and the third Friday in
7        February, inclusive, if live thoroughbred racing is
8        occurring in Illinois, between 6:30 a.m. and 6:30 p.m.
9        the purse share from wagers made during this time
10        period to its thoroughbred purse account and between
11        6:30 p.m. and 6:30 a.m. the purse share from wagers
12        made during this time period to its standardbred purse
13        accounts;
14            (D) Between the third Saturday in February and
15        December 31, when the interstate simulcast occurs
16        between the hours of 6:30 a.m. and 6:30 p.m., the purse
17        share to its thoroughbred purse account;
18            (E) Between the third Saturday in February and
19        December 31, when the interstate simulcast occurs
20        between the hours of 6:30 p.m. and 6:30 a.m., the purse
21        share to its standardbred purse account.
22        (7.1) Notwithstanding any other provision of this Act
23    to the contrary, if no standardbred racing is conducted at
24    a racetrack located in Madison County during any calendar
25    year beginning on or after January 1, 2002, all moneys
26    derived by that racetrack from simulcast wagering and

 

 

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

 

 

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1    year beginning on or after January 1, 2002, all moneys
2    derived by that racetrack from simulcast wagering and
3    inter-track wagering that (1) are to be used for purses and
4    (2) are generated between the hours of 6:30 a.m. and 6:30
5    p.m. during that calendar year shall be deposited as
6    follows:
7            (A) If the licensee that conducts horse racing at
8        that racetrack requests from the Board at least as many
9        racing dates as were conducted in calendar year 2000,
10        80% shall be deposited into its standardbred purse
11        account; and
12            (B) Twenty percent shall be deposited into the
13        Illinois Colt Stakes Purse Distribution Fund. Moneys
14        deposited into the Illinois Colt Stakes Purse
15        Distribution Fund pursuant to this subparagraph (B)
16        shall be paid to Illinois conceived and foaled
17        thoroughbred breeders' programs and to thoroughbred
18        purses for races conducted at any county fairgrounds
19        for Illinois conceived and foaled horses at the
20        discretion of the Department of Agriculture, with the
21        advice and assistance of the Illinois Thoroughbred
22        Breeders Fund Advisory Board. The moneys deposited
23        into the Illinois Colt Stakes Purse Distribution Fund
24        pursuant to this subparagraph (B) shall be deposited
25        within 2 weeks after the day they were generated, shall
26        be in addition to and not in lieu of any other moneys

 

 

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

 

 

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1    shall be used as determined by the Department of
2    Agriculture, with the advice and assistance of the Illinois
3    Standardbred Breeders Fund Advisory Board, shall be in
4    addition to and not in lieu of any other moneys paid to
5    standardbred purses under this Act, and shall not be
6    commingled with any other moneys paid into that Fund.
7        (7.4) If live standardbred racing is conducted at a
8    racetrack located in Madison County at any time in calendar
9    year 2001 before the payment required under paragraph (7.3)
10    has been made, the organization licensee who is licensed to
11    conduct racing at that racetrack shall pay all moneys
12    derived by that racetrack from simulcast wagering and
13    inter-track wagering during calendar years 2000 and 2001
14    that (1) are to be used for purses and (2) are generated
15    between the hours of 6:30 p.m. and 6:30 a.m. during 2000 or
16    2001 to the standardbred purse account at that racetrack to
17    be used for standardbred purses.
18        (8) Notwithstanding any provision in this Act to the
19    contrary, an organization licensee from a track located in
20    a county with a population in excess of 230,000 and that
21    borders the Mississippi River and its affiliated non-host
22    licensees shall not be entitled to share in any retention
23    generated on racing, inter-track wagering, or simulcast
24    wagering at any other Illinois wagering facility.
25        (8.1) Notwithstanding any provisions in this Act to the
26    contrary, if 2 organization licensees are conducting

 

 

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1    standardbred race meetings concurrently between the hours
2    of 6:30 p.m. and 6:30 a.m., after payment of all applicable
3    State and local taxes and interstate commission fees, the
4    remainder of the amount retained from simulcast wagering
5    otherwise attributable to the host track and to host track
6    purses shall be split daily between the 2 organization
7    licensees and the purses at the tracks of the 2
8    organization licensees, respectively, based on each
9    organization licensee's share of the total live handle for
10    that day, provided that this provision shall not apply to
11    any non-host 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.
14        (9) (Blank).
15        (10) (Blank).
16        (11) (Blank).
17        (12) The Board shall have authority to compel all host
18    tracks to receive the simulcast of any or all races
19    conducted at the Springfield or DuQuoin State fairgrounds
20    and include all such races as part of their simulcast
21    programs.
22        (13) Notwithstanding any other provision of this Act,
23    in the event that the total Illinois pari-mutuel handle on
24    Illinois horse races at all wagering facilities in any
25    calendar year is less than 75% of the total Illinois
26    pari-mutuel handle on Illinois horse races at all such

 

 

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1    wagering facilities for calendar year 1994, then each
2    wagering facility that has an annual total Illinois
3    pari-mutuel handle on Illinois horse races that is less
4    than 75% of the total Illinois pari-mutuel handle on
5    Illinois horse races at such wagering facility for calendar
6    year 1994, shall be permitted to receive, from any amount
7    otherwise payable to the purse account at the race track
8    with which the wagering facility is affiliated in the
9    succeeding calendar year, an amount equal to 2% of the
10    differential in total Illinois pari-mutuel handle on
11    Illinois horse races at the wagering facility between that
12    calendar year in question and 1994 provided, however, that
13    a wagering facility shall not be entitled to any such
14    payment until the Board certifies in writing to the
15    wagering facility the amount to which the wagering facility
16    is entitled and a schedule for payment of the amount to the
17    wagering facility, based on: (i) the racing dates awarded
18    to the race track affiliated with the wagering facility
19    during the succeeding year; (ii) the sums available or
20    anticipated to be available in the purse account of the
21    race track affiliated with the wagering facility for purses
22    during the succeeding year; and (iii) the need to ensure
23    reasonable purse levels during the payment period. The
24    Board's certification shall be provided no later than
25    January 31 of the succeeding year. In the event a wagering
26    facility entitled to a payment under this paragraph (13) is

 

 

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1    affiliated with a race track that maintains purse accounts
2    for both standardbred and thoroughbred racing, the amount
3    to be paid to the wagering facility shall be divided
4    between each purse account pro rata, based on the amount of
5    Illinois handle on Illinois standardbred and thoroughbred
6    racing respectively at the wagering facility during the
7    previous calendar year. Annually, the General Assembly
8    shall appropriate sufficient funds from the General
9    Revenue Fund to the Department of Agriculture for payment
10    into the thoroughbred and standardbred horse racing purse
11    accounts at Illinois pari-mutuel tracks. The amount paid to
12    each purse account shall be the amount certified by the
13    Illinois Racing Board in January to be transferred from
14    each account to each eligible racing facility in accordance
15    with the provisions of this Section.
16    (h) The Board may approve and license the conduct of
17inter-track wagering and simulcast wagering by inter-track
18wagering licensees and inter-track wagering location licensees
19subject to the following terms and conditions:
20        (1) Any person licensed to conduct a race meeting (i)
21    at a track where 60 or more days of racing were conducted
22    during the immediately preceding calendar year or where
23    over the 5 immediately preceding calendar years an average
24    of 30 or more days of racing were conducted annually may be
25    issued an inter-track wagering license; (ii) at a track
26    located in a county that is bounded by the Mississippi

 

 

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

 

 

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1    said license shall be filed with the Board prior to such
2    dates as may be fixed by the Board. With an application for
3    an inter-track wagering location license there shall be
4    delivered to the Board a certified check or bank draft
5    payable to the order of the Board for an amount equal to
6    $500. The application shall be on forms prescribed and
7    furnished by the Board. The application shall comply with
8    all other rules, regulations and conditions imposed by the
9    Board in connection therewith.
10        (2) The Board shall examine the applications with
11    respect to their conformity with this Act and the rules and
12    regulations imposed by the Board. If found to be in
13    compliance with the Act and rules and regulations of the
14    Board, the Board may then issue a license to conduct
15    inter-track wagering and simulcast wagering to such
16    applicant. All such applications shall be acted upon by the
17    Board at a meeting to be held on such date as may be fixed
18    by the Board.
19        (3) In granting licenses to conduct inter-track
20    wagering and simulcast wagering, the Board shall give due
21    consideration to the best interests of the public, of horse
22    racing, and of maximizing revenue to the State.
23        (4) Prior to the issuance of a license to conduct
24    inter-track wagering and simulcast wagering, the applicant
25    shall file with the Board a bond payable to the State of
26    Illinois in the sum of $50,000, executed by the applicant

 

 

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

 

 

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1    wagering only at locations that are within 140 miles of
2    that race track where the particular organization licensee
3    is licensed to conduct racing. However, inter-track
4    wagering and simulcast wagering shall not be conducted by
5    those licensees at any location within 5 miles of any race
6    track at which a horse race meeting has been licensed in
7    the current year, unless the person having operating
8    control of such race track has given its written consent to
9    such inter-track wagering location licensees, which
10    consent must be filed with the Board at or prior to the
11    time application is made. In the case of any inter-track
12    wagering location licensee initially licensed after
13    December 31, 2013, inter-track wagering and simulcast
14    wagering shall not be conducted by those inter-track
15    wagering location licensees that are located outside the
16    City of Chicago at any location within 8 miles of any race
17    track at which a horse race meeting has been licensed in
18    the current year, unless the person having operating
19    control of such race track has given its written consent to
20    such inter-track wagering location licensees, which
21    consent must be filed with the Board at or prior to the
22    time application is made.
23        (8.2) Inter-track wagering or simulcast wagering shall
24    not be conducted by an inter-track wagering location
25    licensee at any location within 500 feet of an existing
26    church or existing school, nor within 500 feet of the

 

 

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1    residences of more than 50 registered voters without
2    receiving written permission from a majority of the
3    registered voters at such residences. Such written
4    permission statements shall be filed with the Board. The
5    distance of 500 feet shall be measured to the nearest part
6    of any building used for worship services, education
7    programs, residential purposes, or conducting inter-track
8    wagering by an inter-track wagering location licensee, and
9    not to property boundaries. However, inter-track wagering
10    or simulcast wagering may be conducted at a site within 500
11    feet of a church, school or residences of 50 or more
12    registered voters if such church, school or residences have
13    been erected or established, or such voters have been
14    registered, after the Board issues the original
15    inter-track wagering location license at the site in
16    question. Inter-track wagering location licensees may
17    conduct inter-track wagering and simulcast wagering only
18    in areas that are zoned for commercial or manufacturing
19    purposes or in areas for which a special use has been
20    approved by the local zoning authority. However, no license
21    to conduct inter-track wagering and simulcast wagering
22    shall be granted by the Board with respect to any
23    inter-track wagering location within the jurisdiction of
24    any local zoning authority which has, by ordinance or by
25    resolution, prohibited the establishment of an inter-track
26    wagering location within its jurisdiction. However,

 

 

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1    inter-track wagering and simulcast wagering may be
2    conducted at a site if such ordinance or resolution is
3    enacted after the Board licenses the original inter-track
4    wagering location licensee for the site in question.
5        (9) (Blank).
6        (10) An inter-track wagering licensee or an
7    inter-track wagering location licensee may retain, subject
8    to the payment of the privilege taxes and the purses, an
9    amount not to exceed 17% of all money wagered. Each program
10    of racing conducted by each inter-track wagering licensee
11    or inter-track wagering location licensee shall be
12    considered a separate racing day for the purpose of
13    determining the daily handle and computing the privilege
14    tax or pari-mutuel tax on such daily handle as provided in
15    Section 27.
16        (10.1) Except as provided in subsection (g) of Section
17    27 of this Act, inter-track wagering location licensees
18    shall pay 1% of the pari-mutuel handle at each location to
19    the municipality in which such location is situated and 1%
20    of the pari-mutuel handle at each location to the county in
21    which such location is situated. In the event that an
22    inter-track wagering location licensee is situated in an
23    unincorporated area of a county, such licensee shall pay 2%
24    of the pari-mutuel handle from such location to such
25    county.
26        (10.2) Notwithstanding any other provision of this

 

 

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1    Act, with respect to intertrack wagering at a race track
2    located in a county that has a population of more than
3    230,000 and that is bounded by the Mississippi River ("the
4    first race track"), or at a facility operated by an
5    inter-track wagering licensee or inter-track wagering
6    location licensee that derives its license from the
7    organization licensee that operates the first race track,
8    on races conducted at the first race track or on races
9    conducted at another Illinois race track and
10    simultaneously televised to the first race track or to a
11    facility operated by an inter-track wagering licensee or
12    inter-track wagering location licensee that derives its
13    license from the organization licensee that operates the
14    first race track, those moneys shall be allocated as
15    follows:
16            (A) That portion of all moneys wagered on
17        standardbred racing that is required under this Act to
18        be paid to purses shall be paid to purses for
19        standardbred races.
20            (B) That portion of all moneys wagered on
21        thoroughbred racing that is required under this Act to
22        be paid to purses shall be paid to purses for
23        thoroughbred races.
24        (11) (A) After payment of the privilege or pari-mutuel
25    tax, any other applicable taxes, and the costs and expenses
26    in connection with the gathering, transmission, and

 

 

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1    dissemination of all data necessary to the conduct of
2    inter-track wagering, the remainder of the monies retained
3    under either Section 26 or Section 26.2 of this Act by the
4    inter-track wagering licensee on inter-track wagering
5    shall be allocated with 50% to be split between the 2
6    participating licensees and 50% to purses, except that an
7    intertrack wagering licensee that derives its license from
8    a track located 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 the Illinois
11    organization licensee that provides the race or races, and
12    an intertrack wagering licensee that accepts wagers on
13    races conducted by an organization licensee that conducts a
14    race meet in a county with a population in excess of
15    230,000 and that borders the Mississippi River shall not
16    divide any remaining retention with that organization
17    licensee.
18        (B) From the sums permitted to be retained pursuant to
19    this Act each inter-track wagering location licensee shall
20    pay (i) the privilege or pari-mutuel tax to the State; (ii)
21    4.75% of the pari-mutuel handle on intertrack wagering at
22    such location on races as purses, except that an intertrack
23    wagering location licensee that derives its license from a
24    track located in a county with a population in excess of
25    230,000 and that borders the Mississippi River shall retain
26    all purse moneys for its own purse account consistent with

 

 

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

 

 

HB0335 Enrolled- 31 -LRB099 05811 MLM 25855 b

1    amounts, which are to be redistributed to the host track or
2    to purses at the host track under subparagraph (B) of
3    paragraph (5) of subsection (g) of this Section 26 shall be
4    redistributed based on each host track's pro rata share of
5    the total inter-track wagering and simulcast wagering
6    handle at all host tracks during the calendar year in
7    question, and second, that any amounts redistributed as
8    described in part (I) to an inter-track wagering location
9    licensee that accepts wagers on races conducted by an
10    organization licensee that conducts a race meet in a county
11    with a population in excess of 230,000 and that borders the
12    Mississippi River shall be further redistributed as
13    provided in subparagraphs (D) and (E) of paragraph (7) of
14    subsection (g) of this Section 26, with the portion of that
15    further redistribution allocated to purses at that
16    organization licensee to be divided between standardbred
17    purses and thoroughbred purses based on the amounts
18    otherwise allocated to purses at that organization
19    licensee during the calendar year in question; and (iv) 8%
20    of the pari-mutuel handle on inter-track wagering wagered
21    at such location to satisfy all costs and expenses of
22    conducting its wagering. The remainder of the monies
23    retained by the inter-track wagering location licensee
24    shall be allocated 40% to the location licensee and 60% to
25    the organization licensee which provides the Illinois
26    races to the location, except that an intertrack wagering

 

 

HB0335 Enrolled- 32 -LRB099 05811 MLM 25855 b

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

 

 

HB0335 Enrolled- 33 -LRB099 05811 MLM 25855 b

1    during the fifth 12 months and thereafter, 6.75%. For
2    additional intertrack wagering location licensees
3    authorized under this amendatory Act of 1995, purses for
4    the first 12 months the licensee is in operation shall be
5    5.75% of the pari-mutuel wagered at the location, purses
6    for the second 12 months the licensee is in operation shall
7    be 6.25%, and purses thereafter shall be 6.75%. For
8    additional intertrack location licensees authorized under
9    this amendatory Act of 1995, the licensee shall be allowed
10    to retain to satisfy all costs and expenses: 7.75% of the
11    pari-mutuel handle wagered at the location during its first
12    12 months of operation, 7.25% during its second 12 months
13    of operation, and 6.75% thereafter.
14        (C) There is hereby created the Horse Racing Tax
15    Allocation Fund which shall remain in existence until
16    December 31, 1999. Moneys remaining in the Fund after
17    December 31, 1999 shall be paid into the General Revenue
18    Fund. Until January 1, 2000, all monies paid into the Horse
19    Racing Tax Allocation Fund pursuant to this paragraph (11)
20    by inter-track wagering location licensees located in park
21    districts of 500,000 population or less, or in a
22    municipality that is not included within any park district
23    but is included within a conservation district and is the
24    county seat of a county that (i) is contiguous to the state
25    of Indiana and (ii) has a 1990 population of 88,257
26    according to the United States Bureau of the Census, and

 

 

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1    operating on May 1, 1994 shall be allocated by
2    appropriation as follows:
3            Two-sevenths to the Department of Agriculture.
4        Fifty percent of this two-sevenths shall be used to
5        promote the Illinois horse racing and breeding
6        industry, and shall be distributed by the Department of
7        Agriculture upon the advice of a 9-member committee
8        appointed by the Governor consisting of the following
9        members: the Director of Agriculture, who shall serve
10        as chairman; 2 representatives of organization
11        licensees conducting thoroughbred race meetings in
12        this State, recommended by those licensees; 2
13        representatives of organization licensees conducting
14        standardbred race meetings in this State, recommended
15        by those licensees; a representative of the Illinois
16        Thoroughbred Breeders and Owners Foundation,
17        recommended by that Foundation; a representative of
18        the Illinois Standardbred Owners and Breeders
19        Association, recommended by that Association; a
20        representative of the Horsemen's Benevolent and
21        Protective Association or any successor organization
22        thereto established in Illinois comprised of the
23        largest number of owners and trainers, recommended by
24        that Association or that successor organization; and a
25        representative of the Illinois Harness Horsemen's
26        Association, recommended by that Association.

 

 

HB0335 Enrolled- 35 -LRB099 05811 MLM 25855 b

1        Committee members shall serve for terms of 2 years,
2        commencing January 1 of each even-numbered year. If a
3        representative of any of the above-named entities has
4        not been recommended by January 1 of any even-numbered
5        year, the Governor shall appoint a committee member to
6        fill that position. Committee members shall receive no
7        compensation for their services as members but shall be
8        reimbursed for all actual and necessary expenses and
9        disbursements incurred in the performance of their
10        official duties. The remaining 50% of this
11        two-sevenths shall be distributed to county fairs for
12        premiums and rehabilitation as set forth in the
13        Agricultural Fair Act;
14            Four-sevenths to park districts or municipalities
15        that do not have a park district of 500,000 population
16        or less for museum purposes (if an inter-track wagering
17        location licensee is located in such a park district)
18        or to conservation districts for museum purposes (if an
19        inter-track wagering location licensee is located in a
20        municipality that is not included within any park
21        district but is included within a conservation
22        district and is the county seat of a county that (i) is
23        contiguous to the state of Indiana and (ii) has a 1990
24        population of 88,257 according to the United States
25        Bureau of the Census, except that if the conservation
26        district does not maintain a museum, the monies shall

 

 

HB0335 Enrolled- 36 -LRB099 05811 MLM 25855 b

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

 

 

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1        museum may deposit the monies in the corporate fund of
2        the park district or municipality where the
3        inter-track wagering location is located, to be used
4        for general purposes; and
5            One-seventh to the Agricultural Premium Fund to be
6        used for distribution to agricultural home economics
7        extension councils in accordance with "An Act in
8        relation to additional support and finances for the
9        Agricultural and Home Economic Extension Councils in
10        the several counties of this State and making an
11        appropriation therefor", approved July 24, 1967.
12        Until January 1, 2000, all other monies paid into the
13    Horse Racing Tax Allocation Fund pursuant to this paragraph
14    (11) shall be allocated by appropriation as follows:
15            Two-sevenths to the Department of Agriculture.
16        Fifty percent of this two-sevenths shall be used to
17        promote the Illinois horse racing and breeding
18        industry, and shall be distributed by the Department of
19        Agriculture upon the advice of a 9-member committee
20        appointed by the Governor consisting of the following
21        members: the Director of Agriculture, who shall serve
22        as chairman; 2 representatives of organization
23        licensees conducting thoroughbred race meetings in
24        this State, recommended by those licensees; 2
25        representatives of organization licensees conducting
26        standardbred race meetings in this State, recommended

 

 

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

 

 

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1        park districts of over 500,000 population; provided
2        that the monies are distributed in accordance with the
3        previous year's distribution of the maintenance tax
4        for such museums and aquariums as provided in Section 2
5        of the Park District Aquarium and Museum Act; and
6            One-seventh to the Agricultural Premium Fund to be
7        used for distribution to agricultural home economics
8        extension councils in accordance with "An Act in
9        relation to additional support and finances for the
10        Agricultural and Home Economic Extension Councils in
11        the several counties of this State and making an
12        appropriation therefor", approved July 24, 1967. This
13        subparagraph (C) shall be inoperative and of no force
14        and effect on and after January 1, 2000.
15            (D) Except as provided in paragraph (11) of this
16        subsection (h), with respect to purse allocation from
17        intertrack wagering, the monies so retained shall be
18        divided as follows:
19                (i) If the inter-track wagering licensee,
20            except an intertrack wagering licensee that
21            derives its license from an organization licensee
22            located in a county with a population in excess of
23            230,000 and bounded by the Mississippi River, is
24            not conducting its own race meeting during the same
25            dates, then the entire purse allocation shall be to
26            purses at the track where the races wagered on are

 

 

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1            being conducted.
2                (ii) If the inter-track wagering licensee,
3            except an intertrack wagering licensee that
4            derives its license from an organization licensee
5            located in a county with a population in excess of
6            230,000 and bounded by the Mississippi River, is
7            also conducting its own race meeting during the
8            same dates, then the purse allocation shall be as
9            follows: 50% to purses at the track where the races
10            wagered on are being conducted; 50% to purses at
11            the track where the inter-track wagering licensee
12            is accepting such wagers.
13                (iii) If the inter-track wagering is being
14            conducted by an inter-track wagering location
15            licensee, except an intertrack wagering location
16            licensee that derives its license from an
17            organization licensee located in a county with a
18            population in excess of 230,000 and bounded by the
19            Mississippi River, the entire purse allocation for
20            Illinois races shall be to purses at the track
21            where the race meeting being wagered on is being
22            held.
23        (12) The Board shall have all powers necessary and
24    proper to fully supervise and control the conduct of
25    inter-track wagering and simulcast wagering by inter-track
26    wagering licensees and inter-track wagering location

 

 

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1    licensees, including, but not limited to the following:
2            (A) The Board is vested with power to promulgate
3        reasonable rules and regulations for the purpose of
4        administering the conduct of this wagering and to
5        prescribe reasonable rules, regulations and conditions
6        under which such wagering shall be held and conducted.
7        Such rules and regulations are to provide for the
8        prevention of practices detrimental to the public
9        interest and for the best interests of said wagering
10        and to impose penalties for violations thereof.
11            (B) The Board, and any person or persons to whom it
12        delegates this power, is vested with the power to enter
13        the facilities of any licensee to determine whether
14        there has been compliance with the provisions of this
15        Act and the rules and regulations relating to the
16        conduct of such wagering.
17            (C) The Board, and any person or persons to whom it
18        delegates this power, may eject or exclude from any
19        licensee's facilities, any person whose conduct or
20        reputation is such that his presence on such premises
21        may, in the opinion of the Board, call into the
22        question the honesty and integrity of, or interfere
23        with the orderly conduct of such wagering; provided,
24        however, that no person shall be excluded or ejected
25        from such premises solely on the grounds of race,
26        color, creed, national origin, ancestry, or sex.

 

 

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1            (D) (Blank).
2            (E) The Board is vested with the power to appoint
3        delegates to execute any of the powers granted to it
4        under this Section for the purpose of administering
5        this wagering and any rules and regulations
6        promulgated in accordance with this Act.
7            (F) The Board shall name and appoint a State
8        director of this wagering who shall be a representative
9        of the Board and whose duty it shall be to supervise
10        the conduct of inter-track wagering as may be provided
11        for by the rules and regulations of the Board; such
12        rules and regulation shall specify the method of
13        appointment and the Director's powers, authority and
14        duties.
15            (G) The Board is vested with the power to impose
16        civil penalties of up to $5,000 against individuals and
17        up to $10,000 against licensees for each violation of
18        any provision of this Act relating to the conduct of
19        this wagering, any rules adopted by the Board, any
20        order of the Board or any other action which in the
21        Board's discretion, is a detriment or impediment to
22        such wagering.
23        (13) The Department of Agriculture may enter into
24    agreements with licensees authorizing such licensees to
25    conduct inter-track wagering on races to be held at the
26    licensed race meetings conducted by the Department of

 

 

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1    Agriculture. Such agreement shall specify the races of the
2    Department of Agriculture's licensed race meeting upon
3    which the licensees will conduct wagering. In the event
4    that a licensee conducts inter-track pari-mutuel wagering
5    on races from the Illinois State Fair or DuQuoin State Fair
6    which are in addition to the licensee's previously approved
7    racing program, those races shall be considered a separate
8    racing day for the purpose of determining the daily handle
9    and computing the privilege or pari-mutuel tax on that
10    daily handle as provided in Sections 27 and 27.1. Such
11    agreements shall be approved by the Board before such
12    wagering may be conducted. In determining whether to grant
13    approval, the Board shall give due consideration to the
14    best interests of the public and of horse racing. The
15    provisions of paragraphs (1), (8), (8.1), and (8.2) of
16    subsection (h) of this Section which are not specified in
17    this paragraph (13) shall not apply to licensed race
18    meetings conducted by the Department of Agriculture at the
19    Illinois State Fair in Sangamon County or the DuQuoin State
20    Fair in Perry County, or to any wagering conducted on those
21    race meetings.
22    (i) Notwithstanding the other provisions of this Act, the
23conduct of wagering at wagering facilities is authorized on all
24days, except as limited by subsection (b) of Section 19 of this
25Act.
26(Source: P.A. 97-1060, eff. 8-24-12; 98-18, eff. 6-7-13;

 

 

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198-624, eff. 1-29-14; 98-968, eff. 8-15-14.)
 
2    (230 ILCS 5/26.8)
3    Sec. 26.8. Beginning on February 1, 2014 and through
4December 31, 2018 until January 31, 2017, each wagering
5licensee may impose a surcharge of up to 0.5% on winning wagers
6and winnings from wagers. The surcharge shall be deducted from
7winnings prior to payout. All amounts collected from the
8imposition of this surcharge shall be evenly distributed to the
9organization licensee and the purse account of the organization
10licensee with which the licensee is affiliated. The amounts
11distributed under this Section shall be in addition to the
12amounts paid pursuant to paragraph (10) of subsection (h) of
13Section 26, Section 26.3, Section 26.4, Section 26.5, and
14Section 26.7.
15(Source: P.A. 98-624, eff. 1-29-14.)
 
16    (230 ILCS 5/26.9)
17    Sec. 26.9. Beginning on February 1, 2014 and through
18December 31, 2018 until January 31, 2017, in addition to the
19surcharge imposed in Sections 26.3, 26.4, 26.5, 26.7, and 26.8
20of this Act, each licensee shall impose a surcharge of 0.2% on
21winning wagers and winnings from wagers. The surcharge shall be
22deducted from winnings prior to payout. All amounts collected
23from the surcharges imposed under this Section shall be
24remitted to the Board. From amounts collected under this

 

 

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1Section, the Board shall deposit an amount not to exceed
2$100,000 annually into the Quarter Horse Purse Fund and all
3remaining amounts into the Horse Racing Fund.
4(Source: P.A. 98-624, eff. 1-29-14.)
 
5    (230 ILCS 5/27)  (from Ch. 8, par. 37-27)
6    Sec. 27. (a) In addition to the organization license fee
7provided by this Act, until January 1, 2000, a graduated
8privilege tax is hereby imposed for conducting the pari-mutuel
9system of wagering permitted under this Act. Until January 1,
102000, except as provided in subsection (g) of Section 27 of
11this Act, all of the breakage of each racing day held by any
12licensee in the State shall be paid to the State. Until January
131, 2000, such daily graduated privilege tax shall be paid by
14the licensee from the amount permitted to be retained under
15this Act. Until January 1, 2000, each day's graduated privilege
16tax, breakage, and Horse Racing Tax Allocation funds shall be
17remitted to the Department of Revenue within 48 hours after the
18close of the racing day upon which it is assessed or within
19such other time as the Board prescribes. The privilege tax
20hereby imposed, until January 1, 2000, shall be a flat tax at
21the rate of 2% of the daily pari-mutuel handle except as
22provided in Section 27.1.
23    In addition, every organization licensee, except as
24provided in Section 27.1 of this Act, which conducts multiple
25wagering shall pay, until January 1, 2000, as a privilege tax

 

 

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1on multiple wagers an amount equal to 1.25% of all moneys
2wagered each day on such multiple wagers, plus an additional
3amount equal to 3.5% of the amount wagered each day on any
4other multiple wager which involves a single betting interest
5on 3 or more horses. The licensee shall remit the amount of
6such taxes to the Department of Revenue within 48 hours after
7the close of the racing day on which it is assessed or within
8such other time as the Board prescribes.
9    This subsection (a) shall be inoperative and of no force
10and effect on and after January 1, 2000.
11    (a-5) Beginning on January 1, 2000, a flat pari-mutuel tax
12at the rate of 1.5% of the daily pari-mutuel handle is imposed
13at all pari-mutuel wagering facilities and on advance deposit
14wagering from a location other than a wagering facility, except
15as otherwise provided for in this subsection (a-5). In addition
16to the pari-mutuel tax imposed on advance deposit wagering
17pursuant to this subsection (a-5), beginning on August 24, 2012
18(the effective date of Public Act 97-1060) and through December
1931, 2018 until February 1, 2017, an additional pari-mutuel tax
20at the rate of 0.25% shall be imposed on advance deposit
21wagering. Until August 25, 2012, the additional 0.25%
22pari-mutuel tax imposed on advance deposit wagering by Public
23Act 96-972 shall be deposited into the Quarter Horse Purse
24Fund, which shall be created as a non-appropriated trust fund
25administered by the Board for grants to thoroughbred
26organization licensees for payment of purses for quarter horse

 

 

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1races conducted by the organization licensee. Beginning on
2August 26, 2012, the additional 0.25% pari-mutuel tax imposed
3on advance deposit wagering shall be deposited into the
4Standardbred Purse Fund, which shall be created as a
5non-appropriated trust fund administered by the Board, for
6grants to the standardbred organization licensees for payment
7of purses for standardbred horse races conducted by the
8organization licensee. Thoroughbred organization licensees may
9petition the Board to conduct quarter horse racing and receive
10purse grants from the Quarter Horse Purse Fund. The Board shall
11have complete discretion in distributing the Quarter Horse
12Purse Fund to the petitioning organization licensees.
13Beginning on July 26, 2010 (the effective date of Public Act
1496-1287), a pari-mutuel tax at the rate of 0.75% of the daily
15pari-mutuel handle is imposed at a pari-mutuel facility whose
16license is derived from a track located in a county that
17borders the Mississippi River and conducted live racing in the
18previous year. The pari-mutuel tax imposed by this subsection
19(a-5) shall be remitted to the Department of Revenue within 48
20hours after the close of the racing day upon which it is
21assessed or within such other time as the Board prescribes.
22    (b) On or before December 31, 1999, in the event that any
23organization licensee conducts 2 separate programs of races on
24any day, each such program shall be considered a separate
25racing day for purposes of determining the daily handle and
26computing the privilege tax on such daily handle as provided in

 

 

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

 

 

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1licensee by units of local government except as provided in
2paragraph 10.1 of subsection (h) and subsection (f) of Section
326 of this Act. However, any municipality that has a Board
4licensed horse race meeting at a race track wholly within its
5corporate boundaries or a township that has a Board licensed
6horse race meeting at a race track wholly within the
7unincorporated area of the township may charge a local
8amusement tax not to exceed 10˘ per admission to such horse
9race meeting by the enactment of an ordinance. However, any
10municipality or county that has a Board licensed inter-track
11wagering location facility wholly within its corporate
12boundaries may each impose an admission fee not to exceed $1.00
13per admission to such inter-track wagering location facility,
14so that a total of not more than $2.00 per admission may be
15imposed. Except as provided in subparagraph (g) of Section 27
16of this Act, the inter-track wagering location licensee shall
17collect any and all such fees and within 48 hours remit the
18fees to the Board, which shall, pursuant to rule, cause the
19fees to be distributed to the county or municipality.
20    (g) Notwithstanding any provision in this Act to the
21contrary, if in any calendar year the total taxes and fees
22required to be collected from licensees and distributed under
23this Act to all State and local governmental authorities
24exceeds the amount of such taxes and fees distributed to each
25State and local governmental authority to which each State and
26local governmental authority was entitled under this Act for

 

 

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

 

 

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1    Breeders Funds Advisory Board for the purposes listed in
2    subsection (g) of Section 31 of this Act, before the amount
3    allocated to standardbred purses under item (i) is
4    allocated to standardbred organization licensees in the
5    succeeding allocation year.
6    To the extent the excess amount of taxes and fees to be
7collected and distributed to State and local governmental
8authorities exceeds $11 million, that excess amount shall be
9collected and distributed to State and local authorities as
10provided for under this Act.
11(Source: P.A. 97-1060, eff. 8-24-12; 98-18, eff. 6-7-13;
1298-624, eff. 1-29-14.)
 
13    (230 ILCS 5/31)  (from Ch. 8, par. 37-31)
14    Sec. 31. (a) The General Assembly declares that it is the
15policy of this State to encourage the breeding of standardbred
16horses in this State and the ownership of such horses by
17residents of this State in order to provide for: sufficient
18numbers of high quality standardbred horses to participate in
19harness racing meetings in this State, and to establish and
20preserve the agricultural and commercial benefits of such
21breeding and racing industries to the State of Illinois. It is
22the intent of the General Assembly to further this policy by
23the provisions of this Section of this Act.
24    (b) Each organization licensee conducting a harness racing
25meeting pursuant to this Act shall provide for at least two

 

 

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1races each race program limited to Illinois conceived and
2foaled horses. A minimum of 6 races shall be conducted each
3week limited to Illinois conceived and foaled horses. No horses
4shall be permitted to start in such races unless duly
5registered under the rules of the Department of Agriculture.
6    (c) Conditions of races under subsection (b) shall be
7commensurate with past performance, quality and class of
8Illinois conceived and foaled horses available. If, however,
9sufficient competition cannot be had among horses of that class
10on any day, the races may, with consent of the Board, be
11eliminated for that day and substitute races provided.
12    (d) There is hereby created a special fund of the State
13Treasury to be known as the Illinois Standardbred Breeders
14Fund.
15    During the calendar year 1981, and each year thereafter,
16except as provided in subsection (g) of Section 27 of this Act,
17eight and one-half per cent of all the monies received by the
18State as privilege taxes on harness racing meetings shall be
19paid into the Illinois Standardbred Breeders Fund.
20    (e) The Illinois Standardbred Breeders Fund shall be
21administered by the Department of Agriculture with the
22assistance and advice of the Advisory Board created in
23subsection (f) of this Section.
24    (f) The Illinois Standardbred Breeders Fund Advisory Board
25is hereby created. The Advisory Board shall consist of the
26Director of the Department of Agriculture, who shall serve as

 

 

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1Chairman; the Superintendent of the Illinois State Fair; a
2member of the Illinois Racing Board, designated by it; a
3representative of the largest association of Illinois
4standardbred owners and breeders Illinois Standardbred Owners
5and Breeders Association, recommended by it; a representative
6of a statewide association representing agricultural fairs in
7Illinois the Illinois Association of Agricultural Fairs,
8recommended by it, such representative to be from a fair at
9which Illinois conceived and foaled racing is conducted; a
10representative of the organization licensees conducting
11harness racing meetings, recommended by them; a representative
12of the Breeder's Committee of the association representing the
13largest number of standardbred owners, breeders, trainers,
14caretakers, and drivers, recommended by it; and a
15representative of the association representing the largest
16number of standardbred owners, breeders, trainers, caretakers,
17and drivers Illinois Harness Horsemen's Association,
18recommended by it. Advisory Board members shall serve for 2
19years commencing January 1, of each odd numbered year. If
20representatives of the largest association of Illinois
21standardbred owners and breeders, a statewide association of
22agricultural fairs in Illinois, the association representing
23the largest number of standardbred owners, breeders, trainers,
24caretakers, and drivers, a member of the Breeder's Committee of
25the association representing the largest number of
26standardbred owners, breeders, trainers, caretakers, and

 

 

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1drivers Illinois Standardbred Owners and Breeders
2Associations, the Illinois Association of Agricultural Fairs,
3the Illinois Harness Horsemen's Association, and the
4organization licensees conducting harness racing meetings have
5not been recommended by January 1, of each odd numbered year,
6the Director of the Department of Agriculture shall make an
7appointment for the organization failing to so recommend a
8member of the Advisory Board. Advisory Board members shall
9receive no compensation for their services as members but shall
10be reimbursed for all actual and necessary expenses and
11disbursements incurred in the execution of their official
12duties.
13    (g) No monies shall be expended from the Illinois
14Standardbred Breeders Fund except as appropriated by the
15General Assembly. Monies appropriated from the Illinois
16Standardbred Breeders Fund shall be expended by the Department
17of Agriculture, with the assistance and advice of the Illinois
18Standardbred Breeders Fund Advisory Board for the following
19purposes only:
20        1. To provide purses for races limited to Illinois
21    conceived and foaled horses at the State Fair.
22        2. To provide purses for races limited to Illinois
23    conceived and foaled horses at county fairs.
24        3. To provide purse supplements for races limited to
25    Illinois conceived and foaled horses conducted by
26    associations conducting harness racing meetings.

 

 

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1        4. No less than 75% of all monies in the Illinois
2    Standardbred Breeders Fund shall be expended for purses in
3    1, 2 and 3 as shown above.
4        5. In the discretion of the Department of Agriculture
5    to provide awards to harness breeders of Illinois conceived
6    and foaled horses which win races conducted by organization
7    licensees conducting harness racing meetings. A breeder is
8    the owner of a mare at the time of conception. No more than
9    10% of all monies appropriated from the Illinois
10    Standardbred Breeders Fund shall be expended for such
11    harness breeders awards. No more than 25% of the amount
12    expended for harness breeders awards shall be expended for
13    expenses incurred in the administration of such harness
14    breeders awards.
15        6. To pay for the improvement of racing facilities
16    located at the State Fair and County fairs.
17        7. To pay the expenses incurred in the administration
18    of the Illinois Standardbred Breeders Fund.
19        8. To promote the sport of harness racing.
20    (h) Whenever the Governor finds that the amount in the
21Illinois Standardbred Breeders Fund is more than the total of
22the outstanding appropriations from such fund, the Governor
23shall notify the State Comptroller and the State Treasurer of
24such fact. The Comptroller and the State Treasurer, upon
25receipt of such notification, shall transfer such excess amount
26from the Illinois Standardbred Breeders Fund to the General

 

 

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1Revenue Fund.
2    (i) A sum equal to 12 1/2% of the first prize money of
3every purse won by an Illinois conceived and foaled horse shall
4be paid by the organization licensee conducting the horse race
5meeting to the breeder of such winning horse from the
6organization licensee's share of the money wagered. Such
7payment shall not reduce any award to the owner of the horse or
8reduce the taxes payable under this Act. Such payment shall be
9delivered by the organization licensee at the end of each race
10meeting.
11    (j) The Department of Agriculture shall, by rule, with the
12assistance and advice of the Illinois Standardbred Breeders
13Fund Advisory Board:
14    1. Qualify stallions for Illinois Standardbred Breeders
15Fund breeding; such stallion shall be owned by a resident of
16the State of Illinois or by an Illinois corporation all of
17whose shareholders, directors, officers and incorporators are
18residents of the State of Illinois. Such stallion shall stand
19for service at and within the State of Illinois at the time of
20a foal's conception, and such stallion must not stand for
21service at any place, nor may semen from such stallion be
22transported, outside the State of Illinois during that calendar
23year in which the foal is conceived and that the owner of the
24stallion was for the 12 months prior, a resident of Illinois.
25The articles of agreement of any partnership, joint venture,
26limited partnership, syndicate, association or corporation and

 

 

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1any bylaws and stock certificates must contain a restriction
2that provides that the ownership or transfer of interest by any
3one of the persons a party to the agreement can only be made to
4a person who qualifies as an Illinois resident.
5    2. Provide for the registration of Illinois conceived and
6foaled horses and no such horse shall compete in the races
7limited to Illinois conceived and foaled horses unless
8registered with the Department of Agriculture. The Department
9of Agriculture may prescribe such forms as may be necessary to
10determine the eligibility of such horses. No person shall
11knowingly prepare or cause preparation of an application for
12registration of such foals containing false information. A mare
13(dam) must be in the state at least 30 days prior to foaling or
14remain in the State at least 30 days at the time of foaling.
15Beginning with the 1996 breeding season and for foals of 1997
16and thereafter, a foal conceived by transported fresh semen may
17be eligible for Illinois conceived and foaled registration
18provided all breeding and foaling requirements are met. The
19stallion must be qualified for Illinois Standardbred Breeders
20Fund breeding at the time of conception and the mare must be
21inseminated within the State of Illinois. The foal must be
22dropped in Illinois and properly registered with the Department
23of Agriculture in accordance with this Act.
24    3. Provide that at least a 5 day racing program shall be
25conducted at the State Fair each year, which program shall
26include at least the following races limited to Illinois

 

 

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1conceived and foaled horses: (a) a two year old Trot and Pace,
2and Filly Division of each; (b) a three year old Trot and Pace,
3and Filly Division of each; (c) an aged Trot and Pace, and Mare
4Division of each.
5    4. Provide for the payment of nominating, sustaining and
6starting fees for races promoting the sport of harness racing
7and for the races to be conducted at the State Fair as provided
8in subsection (j) 3 of this Section provided that the
9nominating, sustaining and starting payment required from an
10entrant shall not exceed 2% of the purse of such race. All
11nominating, sustaining and starting payments shall be held for
12the benefit of entrants and shall be paid out as part of the
13respective purses for such races. Nominating, sustaining and
14starting fees shall be held in trust accounts for the purposes
15as set forth in this Act and in accordance with Section 205-15
16of the Department of Agriculture Law (20 ILCS 205/205-15).
17    5. Provide for the registration with the Department of
18Agriculture of Colt Associations or county fairs desiring to
19sponsor races at county fairs.
20    (k) The Department of Agriculture, with the advice and
21assistance of the Illinois Standardbred Breeders Fund Advisory
22Board, may allocate monies for purse supplements for such
23races. In determining whether to allocate money and the amount,
24the Department of Agriculture shall consider factors,
25including but not limited to, the amount of money appropriated
26for the Illinois Standardbred Breeders Fund program, the number

 

 

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1of races that may occur, and an organizational licensee's purse
2structure. The organizational licensee shall notify the
3Department of Agriculture of the conditions and minimum purses
4for races limited to Illinois conceived and foaled horses to be
5conducted by each organizational licensee conducting a harness
6racing meeting for which purse supplements have been
7negotiated.
8    (l) All races held at county fairs and the State Fair which
9receive funds from the Illinois Standardbred Breeders Fund
10shall be conducted in accordance with the rules of the United
11States Trotting Association unless otherwise modified by the
12Department of Agriculture.
13    (m) At all standardbred race meetings held or conducted
14under authority of a license granted by the Board, and at all
15standardbred races held at county fairs which are approved by
16the Department of Agriculture or at the Illinois or DuQuoin
17State Fairs, no one shall jog, train, warm up or drive a
18standardbred horse unless he or she is wearing a protective
19safety helmet, with the chin strap fastened and in place, which
20meets the standards and requirements as set forth in the 1984
21Standard for Protective Headgear for Use in Harness Racing and
22Other Equestrian Sports published by the Snell Memorial
23Foundation, or any standards and requirements for headgear the
24Illinois Racing Board may approve. Any other standards and
25requirements so approved by the Board shall equal or exceed
26those published by the Snell Memorial Foundation. Any

 

 

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1equestrian helmet bearing the Snell label shall be deemed to
2have met those standards and requirements.
3(Source: P.A. 91-239, eff. 1-1-00.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.