Full Text of SB3827 97th General Assembly
SB3827sam002 97TH GENERAL ASSEMBLY | Sen. Terry Link Filed: 3/26/2012
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| 1 | | AMENDMENT TO SENATE BILL 3827
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3827 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Horse Racing Act of 1975 is | 5 | | amended by changing Sections 9, 15.1, 18, 26, 27, and 28 as | 6 | | follows:
| 7 | | (230 ILCS 5/9) (from Ch. 8, par. 37-9)
| 8 | | Sec. 9.
The Board shall have all powers necessary and | 9 | | proper to fully and
effectively execute the provisions of this | 10 | | Act, including, but not
limited to, the following:
| 11 | | (a) The Board is vested with jurisdiction and supervision | 12 | | over all race
meetings in this State, over all licensees doing | 13 | | business
in this
State, over all occupation licensees, and over | 14 | | all persons on the
facilities of any licensee. Such | 15 | | jurisdiction shall
include the power to issue licenses to the | 16 | | Illinois Department of
Agriculture authorizing the pari-mutuel |
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| 1 | | system of wagering
on harness and Quarter Horse races held (1) | 2 | | at the Illinois State Fair in
Sangamon County, and (2) at the | 3 | | DuQuoin State Fair in Perry County. The
jurisdiction of the | 4 | | Board shall also include the power to issue licenses to
county | 5 | | fairs which are eligible to receive funds pursuant to the
| 6 | | Agricultural Fair Act, as now or hereafter amended, or their | 7 | | agents,
authorizing the pari-mutuel system of wagering on horse
| 8 | | races
conducted at the county fairs receiving such licenses. | 9 | | Such licenses shall be
governed by subsection (n) of this | 10 | | Section.
| 11 | | Upon application, the Board shall issue a license to the | 12 | | Illinois Department
of Agriculture to conduct harness and | 13 | | Quarter Horse races at the Illinois State
Fair and at the | 14 | | DuQuoin State Fairgrounds
during the scheduled dates of each | 15 | | fair. The Board shall not require and the
Department of | 16 | | Agriculture shall be exempt from the requirements of Sections
| 17 | | 15.3, 18 and 19, paragraphs (a)(2), (b), (c), (d), (e), (e-5), | 18 | | (e-10), (f),
(g), and (h) of Section 20, and Sections 21, 24 | 19 | | and 25. The Board and the Department
of
Agriculture may extend | 20 | | any or all of these exemptions to any contractor or
agent | 21 | | engaged by the Department of Agriculture to conduct its race | 22 | | meetings
when the Board determines that this would best serve | 23 | | the public interest and
the interest of horse racing.
| 24 | | Notwithstanding any provision of law to the contrary, it | 25 | | shall be lawful for
any licensee to operate pari-mutuel | 26 | | wagering
or
contract with the Department of Agriculture to |
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| 1 | | operate pari-mutuel wagering at
the DuQuoin State Fairgrounds | 2 | | or for the Department to enter into contracts
with a licensee, | 3 | | employ its owners,
employees
or
agents and employ such other | 4 | | occupation licensees as the Department deems
necessary in | 5 | | connection with race meetings and wagerings.
| 6 | | (b) The Board is vested with the full power to promulgate | 7 | | reasonable
rules and regulations for the purpose of | 8 | | administering the provisions of
this Act and to prescribe | 9 | | reasonable rules, regulations and conditions
under which all | 10 | | horse race meetings or wagering in the State shall be
| 11 | | conducted. Such reasonable rules and regulations are to provide | 12 | | for the
prevention of practices detrimental to the public | 13 | | interest and to promote the best
interests of horse racing and | 14 | | to impose penalties for violations thereof.
| 15 | | (c) The Board, and any person or persons to whom it | 16 | | delegates
this power, is vested with the power to enter the | 17 | | facilities and other places of business of any licensee to | 18 | | determine whether there has been compliance with
the provisions | 19 | | of this Act and its rules and regulations.
| 20 | | (d) The Board, and any person or persons to whom it | 21 | | delegates this
power, is vested with the authority to | 22 | | investigate alleged violations of
the provisions of this Act, | 23 | | its reasonable rules and regulations, orders
and final | 24 | | decisions; the Board shall take appropriate disciplinary | 25 | | action
against any licensee or occupation licensee for | 26 | | violation
thereof or
institute appropriate legal action for the |
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| 1 | | enforcement thereof.
| 2 | | (e) The Board, and any person or persons to whom it | 3 | | delegates this power,
may eject or exclude from any race | 4 | | meeting or
the facilities of any licensee, or any part
thereof, | 5 | | any occupation licensee or any
other individual whose conduct | 6 | | or reputation is such that his presence on
those facilities | 7 | | may, in the opinion of the Board, call into question
the | 8 | | honesty and integrity of horse racing or wagering or interfere | 9 | | with the
orderly
conduct of horse racing or wagering; provided, | 10 | | however, that no person
shall be
excluded or ejected from the | 11 | | facilities of any licensee solely on the grounds of
race, | 12 | | color, creed, national origin, ancestry, or sex. The power to | 13 | | eject
or exclude an occupation licensee or other individual may
| 14 | | be exercised for just cause by the licensee or the Board, | 15 | | subject to subsequent hearing by the
Board as to the propriety | 16 | | of said exclusion.
| 17 | | (f) The Board is vested with the power to acquire,
| 18 | | establish, maintain and operate (or provide by contract to
| 19 | | maintain and operate) testing laboratories and related | 20 | | facilities,
for the purpose of conducting saliva, blood, urine | 21 | | and other tests on the
horses run or to be run in any horse race | 22 | | meeting and to purchase all
equipment and supplies deemed | 23 | | necessary or desirable in connection with
any such testing | 24 | | laboratories and related facilities and all such tests.
| 25 | | (g) The Board may require that the records, including | 26 | | financial or other
statements of any licensee or any person |
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| 1 | | affiliated with the licensee who is
involved directly or | 2 | | indirectly in the activities of any licensee as regulated
under | 3 | | this Act to the extent that those financial or other statements | 4 | | relate to
such activities be kept in
such manner as prescribed | 5 | | by the Board, and that Board employees shall have
access to | 6 | | those records during reasonable business
hours. Within 120 days | 7 | | of the end of its fiscal year, each licensee shall
transmit to
| 8 | | the Board
an audit of the financial transactions and condition | 9 | | of the licensee's total
operations. All audits shall be | 10 | | conducted by certified public accountants.
Each certified | 11 | | public accountant must be registered in the State of Illinois
| 12 | | under the Illinois Public Accounting Act. The compensation for | 13 | | each certified
public accountant shall be paid directly by the | 14 | | licensee to the certified
public accountant. A licensee shall | 15 | | also submit any other financial or related
information the | 16 | | Board deems necessary to effectively administer this Act and
| 17 | | all rules, regulations, and final decisions promulgated under | 18 | | this Act.
| 19 | | (h) The Board shall name and appoint in the manner provided | 20 | | by the rules
and regulations of the Board: an Executive | 21 | | Director; a State director
of mutuels; State veterinarians and | 22 | | representatives to take saliva, blood,
urine and other tests on | 23 | | horses; licensing personnel; revenue
inspectors; and State | 24 | | seasonal employees (excluding admission ticket
sellers and | 25 | | mutuel clerks). All of those named and appointed as provided
in | 26 | | this subsection shall serve during the pleasure of the Board; |
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| 1 | | their
compensation shall be determined by the Board and be paid | 2 | | in the same
manner as other employees of the Board under this | 3 | | Act.
| 4 | | (i) The Board shall require that there shall be 3 stewards | 5 | | at each horse
race meeting, at least 2 of whom shall be named | 6 | | and appointed by the Board.
Stewards appointed or approved by | 7 | | the Board, while performing duties
required by this Act or by | 8 | | the Board, shall be entitled to the same rights
and immunities | 9 | | as granted to Board members and Board employees in Section
10 | 10 | | of this Act.
| 11 | | (j) The Board may discharge any Board employee
who fails or | 12 | | refuses for any reason to comply with the rules and
regulations | 13 | | of the Board, or who, in the opinion of the Board,
is guilty of | 14 | | fraud, dishonesty or who is proven to be incompetent.
The Board | 15 | | shall have no right or power to determine who shall be | 16 | | officers,
directors or employees of any licensee, or their | 17 | | salaries
except the Board may, by rule, require that all or any | 18 | | officials or
employees in charge of or whose duties relate to | 19 | | the actual running of
races be approved by the Board.
| 20 | | (k) The Board is vested with the power to appoint
delegates | 21 | | to execute any of the powers granted to it under this Section
| 22 | | for the purpose of administering this Act and any rules or | 23 | | regulations
promulgated in accordance with this Act.
| 24 | | (l) The Board is vested with the power to impose civil | 25 | | penalties of up to
$5,000 against an individual and up to | 26 | | $10,000 against a
licensee for each
violation of any provision |
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| 1 | | of this Act, any rules adopted by the Board, any
order of the | 2 | | Board or any other action which, in the Board's discretion, is
| 3 | | a detriment or impediment to horse racing or wagering. All such | 4 | | civil penalties shall be deposited into the Horse Racing Fund.
| 5 | | (m) The Board is vested with the power to prescribe a form | 6 | | to be used
by licensees as an application for employment for | 7 | | employees of
each licensee.
| 8 | | (n) The Board shall have the power to issue a license
to | 9 | | any county fair, or its
agent, authorizing the conduct of the | 10 | | pari-mutuel system of
wagering. The Board is vested with the | 11 | | full power to promulgate
reasonable rules, regulations and | 12 | | conditions under which all horse race
meetings licensed | 13 | | pursuant to this subsection shall be held and conducted,
| 14 | | including rules, regulations and conditions for the conduct of | 15 | | the
pari-mutuel system of wagering. The rules, regulations and
| 16 | | conditions shall provide for the prevention of practices | 17 | | detrimental to the
public interest and for the best interests | 18 | | of horse racing, and shall
prescribe penalties for violations | 19 | | thereof. Any authority granted the
Board under this Act shall | 20 | | extend to its jurisdiction and supervision over
county fairs, | 21 | | or their agents, licensed pursuant to this subsection.
However, | 22 | | the Board may waive any provision of this Act or its rules or
| 23 | | regulations which would otherwise apply to such county fairs or | 24 | | their agents.
| 25 | | (o) Whenever the Board is authorized or
required by law to | 26 | | consider some aspect of criminal history record
information for |
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| 1 | | the purpose of carrying out its statutory powers and
| 2 | | responsibilities, then, upon request and payment of fees in | 3 | | conformance
with the requirements of Section 2605-400 of
the | 4 | | Department of State Police Law (20 ILCS 2605/2605-400), the | 5 | | Department of State Police is
authorized to furnish, pursuant | 6 | | to positive identification, such
information contained in | 7 | | State files as is necessary to fulfill the request.
| 8 | | (p) To insure the convenience, comfort, and wagering | 9 | | accessibility of
race track patrons, to provide for the | 10 | | maximization of State revenue, and
to generate increases in | 11 | | purse allotments to the horsemen, the Board shall
require any | 12 | | licensee to staff the pari-mutuel department with
adequate | 13 | | personnel.
| 14 | | (Source: P.A. 91-239, eff. 1-1-00.)
| 15 | | (230 ILCS 5/15.1) (from Ch. 8, par. 37-15.1)
| 16 | | Sec. 15.1.
Upon collection of the fee accompanying the | 17 | | application for
an occupation license, the Board shall be | 18 | | authorized to make daily
temporary deposits of the fees, for a | 19 | | period not to exceed 7 days, with the
horsemen's bookkeeper at | 20 | | a race meeting. The horsemen's bookkeeper shall
issue a check, | 21 | | payable to the order of the Illinois Racing Board, for
monies | 22 | | deposited under this Section within 24 hours of receipt of the
| 23 | | monies. Provided however, upon the issuance of the check by the | 24 | | horsemen's
bookkeeper the check shall be deposited into the | 25 | | Horse Racing Fund in the State Treasury in accordance
with the |
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| 1 | | provisions of the "State Officers and Employees Money | 2 | | Disposition
Act", approved June 9, 1911, as amended .
| 3 | | (Source: P.A. 84-432.)
| 4 | | (230 ILCS 5/18) (from Ch. 8, par. 37-18)
| 5 | | Sec. 18.
(a) Together with its application, each applicant | 6 | | for racing dates
shall deliver to the Board a certified check | 7 | | or bank draft payable to the order
of the Board for $1,000. In | 8 | | the event the applicant applies for racing dates
in 2 or 3 | 9 | | successive calendar years as provided in subsection (b) of | 10 | | Section
21, the fee shall be $2,000. Filing fees shall not be | 11 | | refunded in the event
the application is denied. All filing | 12 | | fees shall be deposited into the Horse Racing Fund.
| 13 | | (b) In addition to the filing fee of $1000 and the fees | 14 | | provided in
subsection (j) of Section 20, each organization | 15 | | licensee shall pay a license
fee of $100 for each racing | 16 | | program on which its daily pari-mutuel handle is
$400,000 or | 17 | | more but less than $700,000, and a license fee of $200 for each
| 18 | | racing program on which its daily pari-mutuel handle is | 19 | | $700,000 or more.
The
additional fees required to be paid under | 20 | | this Section by this amendatory Act
of 1982 shall be remitted | 21 | | by the organization licensee to the Illinois Racing
Board with | 22 | | each day's graduated privilege tax or pari-mutuel tax and
| 23 | | breakage as provided under
Section 27.
| 24 | | (c) Sections 11-42-1, 11-42-5, and 11-54-1 of the "Illinois | 25 | | Municipal Code,"
approved May 29, 1961, as now or hereafter |
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| 1 | | amended, shall not apply to any
license under this Act.
| 2 | | (Source: P.A. 91-40, eff. 6-25-99.)
| 3 | | (230 ILCS 5/26) (from Ch. 8, par. 37-26)
| 4 | | Sec. 26. Wagering.
| 5 | | (a) Any licensee may conduct and supervise the pari-mutuel | 6 | | system of
wagering, as defined in Section 3.12 of this Act, on | 7 | | horse races conducted by
an Illinois organization
licensee or | 8 | | conducted at a racetrack located in another state or country | 9 | | and
televised in Illinois in accordance with subsection (g) of | 10 | | Section 26 of this
Act. Subject to the prior consent of the | 11 | | Board, licensees may supplement any
pari-mutuel pool in order | 12 | | to guarantee a minimum distribution. Such
pari-mutuel method of | 13 | | wagering shall not,
under any circumstances if conducted under | 14 | | the provisions of this Act,
be held or construed to be | 15 | | unlawful, other statutes of this State to the
contrary | 16 | | notwithstanding.
Subject to rules for advance wagering | 17 | | promulgated by the Board, any
licensee
may accept wagers in | 18 | | advance of the day of
the race wagered upon occurs.
| 19 | | (b) No other method of betting, pool making, wagering or
| 20 | | gambling shall be used or permitted by the licensee. Each | 21 | | licensee
may retain, subject to the payment of all applicable
| 22 | | taxes and purses, an amount not to exceed 17% of all money | 23 | | wagered
under subsection (a) of this Section, except as may | 24 | | otherwise be permitted
under this Act.
| 25 | | (b-5) An individual may place a wager under the pari-mutuel |
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| 1 | | system from
any licensed location authorized under this Act | 2 | | provided that wager is
electronically recorded in the manner | 3 | | described in Section 3.12 of this Act.
Any wager made | 4 | | electronically by an individual while physically on the | 5 | | premises
of a licensee shall be deemed to have been made at the | 6 | | premises of that
licensee.
| 7 | | (c) Until January 1, 2000, the sum held by any licensee for | 8 | | payment of
outstanding pari-mutuel tickets, if unclaimed prior | 9 | | to December 31 of the
next year, shall be retained by the | 10 | | licensee for payment of
such tickets until that date. Within 10 | 11 | | days thereafter, the balance of
such sum remaining unclaimed, | 12 | | less any uncashed supplements contributed by such
licensee for | 13 | | the purpose of guaranteeing minimum distributions
of any | 14 | | pari-mutuel pool, shall be
paid to the
Illinois
Veterans'
| 15 | | Rehabilitation Fund of the State treasury, except as provided | 16 | | in subsection
(g) of Section 27 of this Act.
| 17 | | (c-5) Beginning January 1, 2000, the sum held by any | 18 | | licensee for payment
of
outstanding pari-mutuel tickets, if | 19 | | unclaimed prior to December 31 of the
next year, shall be | 20 | | retained by the licensee for payment of
such tickets until that | 21 | | date. Within 10 days thereafter, the balance of
such sum | 22 | | remaining unclaimed, less any uncashed supplements contributed | 23 | | by such
licensee for the purpose of guaranteeing minimum | 24 | | distributions
of any pari-mutuel pool, shall be evenly | 25 | | distributed to the purse account of
the organization licensee | 26 | | and the organization licensee.
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| 1 | | (d) A pari-mutuel ticket shall be honored until December 31 | 2 | | of the
next calendar year, and the licensee shall pay the same | 3 | | and may
charge the amount thereof against unpaid money | 4 | | similarly accumulated on account
of pari-mutuel tickets not | 5 | | presented for payment.
| 6 | | (e) No licensee shall knowingly permit any minor, other
| 7 | | than an employee of such licensee or an owner, trainer,
jockey, | 8 | | driver, or employee thereof, to be admitted during a racing
| 9 | | program unless accompanied by a parent or guardian, or any | 10 | | minor to be a
patron of the pari-mutuel system of wagering | 11 | | conducted or
supervised by it. The admission of any | 12 | | unaccompanied minor, other than
an employee of the licensee or | 13 | | an owner, trainer, jockey,
driver, or employee thereof at a | 14 | | race track is a Class C
misdemeanor.
| 15 | | (f) Notwithstanding the other provisions of this Act, an
| 16 | | organization licensee may contract
with an entity in another | 17 | | state or country to permit any legal
wagering entity in another | 18 | | state or country to accept wagers solely within
such other | 19 | | state or country on races conducted by the organization | 20 | | licensee
in this State.
Beginning January 1, 2000, these wagers
| 21 | | shall not be subject to State
taxation. Until January 1, 2000,
| 22 | | when the out-of-State entity conducts a pari-mutuel pool
| 23 | | separate from the organization licensee, a privilege tax equal | 24 | | to 7 1/2% of
all monies received by the organization licensee | 25 | | from entities in other states
or countries pursuant to such | 26 | | contracts is imposed on the organization
licensee, and such |
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| 1 | | privilege tax shall be remitted to the
Department of Revenue
| 2 | | within 48 hours of receipt of the moneys from the simulcast. | 3 | | When the
out-of-State entity conducts a
combined pari-mutuel | 4 | | pool with the organization licensee, the tax shall be 10%
of | 5 | | all monies received by the organization licensee with 25% of | 6 | | the
receipts from this 10% tax to be distributed to the county
| 7 | | in which the race was conducted.
| 8 | | An organization licensee may permit one or more of its | 9 | | races to be
utilized for
pari-mutuel wagering at one or more | 10 | | locations in other states and may
transmit audio and visual | 11 | | signals of races the organization licensee
conducts to one or
| 12 | | more locations outside the State or country and may also permit | 13 | | pari-mutuel
pools in other states or countries to be combined | 14 | | with its gross or net
wagering pools or with wagering pools | 15 | | established by other states.
| 16 | | (g) A host track may accept interstate simulcast wagers on
| 17 | | horse
races conducted in other states or countries and shall | 18 | | control the
number of signals and types of breeds of racing in | 19 | | its simulcast program,
subject to the disapproval of the Board. | 20 | | The Board may prohibit a simulcast
program only if it finds | 21 | | that the simulcast program is clearly
adverse to the integrity | 22 | | of racing. The host track
simulcast program shall
include the | 23 | | signal of live racing of all organization licensees.
All | 24 | | non-host licensees and advance deposit wagering licensees | 25 | | shall carry the signal of and accept wagers on live racing of | 26 | | all organization licensees. Advance deposit wagering licensees |
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| 1 | | shall not be permitted to accept out-of-state wagers on any | 2 | | Illinois signal provided pursuant to this Section without the | 3 | | approval and consent of the organization licensee providing the | 4 | | signal. Non-host licensees may carry the host track simulcast | 5 | | program and
shall accept wagers on all races included as part | 6 | | of the simulcast
program upon which wagering is permitted.
All | 7 | | organization licensees shall provide their live signal to all | 8 | | advance deposit wagering licensees for a simulcast commission | 9 | | fee not to exceed 6% of the advance deposit wagering licensee's | 10 | | Illinois handle on the organization licensee's signal without | 11 | | prior approval by the Board. The Board may adopt rules under | 12 | | which it may permit simulcast commission fees in excess of 6%. | 13 | | The Board shall adopt rules limiting the interstate commission | 14 | | fees charged to an advance deposit wagering licensee. The Board | 15 | | shall adopt rules regarding advance deposit wagering on | 16 | | interstate simulcast races that shall reflect, among other | 17 | | things, the General Assembly's desire to maximize revenues to | 18 | | the State, horsemen purses, and organizational licensees. | 19 | | However, organization licensees providing live signals | 20 | | pursuant to the requirements of this subsection (g) may | 21 | | petition the Board to withhold their live signals from an | 22 | | advance deposit wagering licensee if the organization licensee | 23 | | discovers and the Board finds reputable or credible information | 24 | | that the advance deposit wagering licensee is under | 25 | | investigation by another state or federal governmental agency, | 26 | | the advance deposit wagering licensee's license has been |
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| 1 | | suspended in another state, or the advance deposit wagering | 2 | | licensee's license is in revocation proceedings in another | 3 | | state. The organization licensee's provision of their live | 4 | | signal to an advance deposit wagering licensee under this | 5 | | subsection (g) pertains to wagers placed from within Illinois. | 6 | | Advance deposit wagering licensees may place advance deposit | 7 | | wagering terminals at wagering facilities as a convenience to | 8 | | customers. The advance deposit wagering licensee shall not | 9 | | charge or collect any fee from purses for the placement of the | 10 | | advance deposit wagering terminals. The costs and expenses
of | 11 | | the host track and non-host licensees associated
with | 12 | | interstate simulcast
wagering, other than the interstate
| 13 | | commission fee, shall be borne by the host track and all
| 14 | | non-host licensees
incurring these costs.
The interstate | 15 | | commission fee shall not exceed 5% of Illinois handle on the
| 16 | | interstate simulcast race or races without prior approval of | 17 | | the Board. The
Board shall promulgate rules under which it may | 18 | | permit
interstate commission
fees in excess of 5%. The | 19 | | interstate commission
fee and other fees charged by the sending | 20 | | racetrack, including, but not
limited to, satellite decoder | 21 | | fees, shall be uniformly applied
to the host track and all | 22 | | non-host licensees.
| 23 | | Notwithstanding any other provision of this Act, for a | 24 | | period of one year 3 years after the effective date of this | 25 | | amendatory Act of the 97th General Assembly this amendatory Act | 26 | | of the 96th General Assembly , an organization licensee may |
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| 1 | | maintain a system whereby advance deposit wagering may take | 2 | | place or an organization licensee, with the consent of the | 3 | | horsemen association representing the largest number of | 4 | | owners, trainers, jockeys, or standardbred drivers who race | 5 | | horses at that organization licensee's racing meeting, may | 6 | | contract with another person to carry out a system of advance | 7 | | deposit wagering. Such consent may not be unreasonably | 8 | | withheld. All advance deposit wagers placed from within | 9 | | Illinois must be placed through a Board-approved advance | 10 | | deposit wagering licensee; no other entity may accept an | 11 | | advance deposit wager from a person within Illinois. All | 12 | | advance deposit wagering is subject to any rules adopted by the | 13 | | Board. The Board may adopt rules necessary to regulate advance | 14 | | deposit wagering through the use of emergency rulemaking in | 15 | | accordance with Section 5-45 of the Illinois Administrative | 16 | | Procedure Act. The General Assembly finds that the adoption of | 17 | | rules to regulate advance deposit wagering is deemed an | 18 | | emergency and necessary for the public interest, safety, and | 19 | | welfare. An advance deposit wagering licensee may retain all | 20 | | moneys as agreed to by contract with an organization licensee. | 21 | | Any moneys retained by the organization licensee from advance | 22 | | deposit wagering, not including moneys retained by the advance | 23 | | deposit wagering licensee, shall be paid 50% to the | 24 | | organization licensee's purse account and 50% to the | 25 | | organization licensee. If more than one breed races at the same | 26 | | race track facility, then the 50% of the moneys to be paid to |
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| 1 | | an organization licensee's purse account shall be allocated | 2 | | among all organization licensees' purse accounts operating at | 3 | | that race track facility proportionately based on the actual | 4 | | number of host days that the Board grants to that breed at that | 5 | | race track facility in the current calendar year. To the extent | 6 | | any fees from advance deposit wagering conducted in Illinois | 7 | | for wagers in Illinois or other states have been placed in | 8 | | escrow or otherwise withheld from wagers pending a | 9 | | determination of the legality of advance deposit wagering, no | 10 | | action shall be brought to declare such wagers or the | 11 | | disbursement of any fees previously escrowed illegal.
| 12 | | (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
| 13 | | intertrack wagering
licensee other than the host track may | 14 | | supplement the host track simulcast
program with | 15 | | additional simulcast races or race programs, provided that | 16 | | between
January 1 and the third Friday in February of any | 17 | | year, inclusive, if no live
thoroughbred racing is | 18 | | occurring in Illinois during this period, only
| 19 | | thoroughbred races may be used
for supplemental interstate | 20 | | simulcast purposes. The Board shall withhold
approval for a | 21 | | supplemental interstate simulcast only if it finds that the
| 22 | | simulcast is clearly adverse to the integrity of racing. A | 23 | | supplemental
interstate simulcast may be transmitted from | 24 | | an intertrack wagering licensee to
its affiliated non-host | 25 | | licensees. The interstate commission fee for a
| 26 | | supplemental interstate simulcast shall be paid by the |
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| 1 | | non-host licensee and
its affiliated non-host licensees | 2 | | receiving the simulcast.
| 3 | | (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
| 4 | | intertrack wagering
licensee other than the host track may | 5 | | receive supplemental interstate
simulcasts only with the | 6 | | consent of the host track, except when the Board
finds that | 7 | | the simulcast is
clearly adverse to the integrity of | 8 | | racing. Consent granted under this
paragraph (2) to any | 9 | | intertrack wagering licensee shall be deemed consent to
all | 10 | | non-host licensees. The interstate commission fee for the | 11 | | supplemental
interstate simulcast shall be paid
by all | 12 | | participating non-host licensees.
| 13 | | (3) Each licensee conducting interstate simulcast | 14 | | wagering may retain,
subject to the payment of all | 15 | | applicable taxes and the purses, an amount not to
exceed | 16 | | 17% of all money wagered. If any licensee conducts the | 17 | | pari-mutuel
system wagering on races conducted at | 18 | | racetracks in another state or country,
each such race or | 19 | | race program shall be considered a separate racing day for
| 20 | | the purpose of determining the daily handle and computing | 21 | | the privilege tax of
that daily handle as provided in | 22 | | subsection (a) of Section 27.
Until January 1, 2000,
from | 23 | | the sums permitted to be retained pursuant to this | 24 | | subsection, each
intertrack wagering location licensee | 25 | | shall pay 1% of the pari-mutuel handle
wagered on simulcast | 26 | | wagering to the Horse Racing Tax Allocation Fund, subject
|
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| 1 | | to the provisions of subparagraph (B) of paragraph (11) of | 2 | | subsection (h) of
Section 26 of this Act.
| 3 | | (4) A licensee who receives an interstate simulcast may | 4 | | combine its gross
or net pools with pools at the sending | 5 | | racetracks pursuant to rules established
by the Board. All | 6 | | licensees combining their gross pools
at a
sending | 7 | | racetrack shall adopt the take-out percentages of the | 8 | | sending
racetrack.
A licensee may also establish a separate | 9 | | pool and takeout structure for
wagering purposes on races | 10 | | conducted at race tracks outside of the
State of Illinois. | 11 | | The licensee may permit pari-mutuel wagers placed in other
| 12 | | states or
countries to be combined with its gross or net | 13 | | wagering pools or other
wagering pools.
| 14 | | (5) After the payment of the interstate commission fee | 15 | | (except for the
interstate commission
fee on a supplemental | 16 | | interstate simulcast, which shall be paid by the host
track | 17 | | and by each non-host licensee through the host-track) and | 18 | | all applicable
State and local
taxes, except as provided in | 19 | | subsection (g) of Section 27 of this Act, the
remainder of | 20 | | moneys retained from simulcast wagering pursuant to this
| 21 | | subsection (g), and Section 26.2 shall be divided as | 22 | | follows:
| 23 | | (A) For interstate simulcast wagers made at a host | 24 | | track, 50% to the
host
track and 50% to purses at the | 25 | | host track.
| 26 | | (B) For wagers placed on interstate simulcast |
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| 1 | | races, supplemental
simulcasts as defined in | 2 | | subparagraphs (1) and (2), and separately pooled races
| 3 | | conducted outside of the State of Illinois made at a | 4 | | non-host
licensee, 25% to the host
track, 25% to the | 5 | | non-host licensee, and 50% to the purses at the host | 6 | | track.
| 7 | | (6) Notwithstanding any provision in this Act to the | 8 | | contrary, non-host
licensees
who derive their licenses | 9 | | from a track located in a county with a population in
| 10 | | excess of 230,000 and that borders the Mississippi River | 11 | | may receive
supplemental interstate simulcast races at all | 12 | | times subject to Board approval,
which shall be withheld | 13 | | only upon a finding that a supplemental interstate
| 14 | | simulcast is clearly adverse to the integrity of racing.
| 15 | | (7) Notwithstanding any provision of this Act to the | 16 | | contrary, after
payment of all applicable State and local | 17 | | taxes and interstate commission fees,
non-host licensees | 18 | | who derive their licenses from a track located in a county
| 19 | | with a population in excess of 230,000 and that borders the | 20 | | Mississippi River
shall retain 50% of the retention from | 21 | | interstate simulcast wagers and shall
pay 50% to purses at | 22 | | the track from which the non-host licensee derives its
| 23 | | license as follows:
| 24 | | (A) Between January 1 and the third Friday in | 25 | | February, inclusive, if no
live thoroughbred racing is | 26 | | occurring in Illinois during this period, when the
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| 1 | | interstate simulcast is a standardbred race, the purse | 2 | | share to its
standardbred purse account;
| 3 | | (B) Between January 1 and the third Friday in | 4 | | February, inclusive, if no
live thoroughbred racing is | 5 | | occurring in Illinois during this period, and the
| 6 | | interstate simulcast is a thoroughbred race, the purse | 7 | | share to its interstate
simulcast purse pool to be | 8 | | distributed under paragraph (10) of this subsection
| 9 | | (g);
| 10 | | (C) Between January 1 and the third Friday in | 11 | | February, inclusive, if
live thoroughbred racing is | 12 | | occurring in Illinois, between 6:30 a.m. and 6:30
p.m. | 13 | | the purse share from wagers made during this time | 14 | | period to its
thoroughbred purse account and between | 15 | | 6:30 p.m. and 6:30 a.m. the purse share
from wagers | 16 | | made during this time period to its standardbred purse | 17 | | accounts;
| 18 | | (D) Between the third Saturday in February and | 19 | | December 31, when the
interstate simulcast occurs | 20 | | between the hours of 6:30 a.m. and 6:30 p.m., the
purse | 21 | | share to its thoroughbred purse account;
| 22 | | (E) Between the third Saturday in February and | 23 | | December 31, when the
interstate simulcast occurs | 24 | | between the hours of 6:30 p.m. and 6:30 a.m., the
purse | 25 | | share to its standardbred purse account.
| 26 | | (7.1) Notwithstanding any other provision of this Act |
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| 1 | | to the contrary,
if
no
standardbred racing is conducted at | 2 | | a racetrack located in Madison County
during any
calendar | 3 | | year beginning on or after January 1, 2002, all
moneys | 4 | | derived by
that racetrack from simulcast wagering and | 5 | | inter-track wagering that (1) are to
be used
for purses and | 6 | | (2) are generated between the hours of 6:30 p.m. and 6:30 | 7 | | a.m.
during that
calendar year shall
be paid as follows:
| 8 | | (A) If the licensee that conducts horse racing at | 9 | | that racetrack
requests from the Board at least as many | 10 | | racing dates as were conducted in
calendar year 2000, | 11 | | 80% shall be paid to its thoroughbred purse account; | 12 | | and
| 13 | | (B) Twenty percent shall be deposited into the | 14 | | Illinois Colt Stakes
Purse
Distribution
Fund and shall | 15 | | be paid to purses for standardbred races for Illinois | 16 | | conceived
and foaled horses conducted at any county | 17 | | fairgrounds.
The moneys deposited into the Fund | 18 | | pursuant to this subparagraph (B) shall be
deposited
| 19 | | within 2
weeks after the day they were generated, shall | 20 | | be in addition to and not in
lieu of any other
moneys | 21 | | paid to standardbred purses under this Act, and shall | 22 | | not be commingled
with other moneys paid into that | 23 | | Fund. The moneys deposited
pursuant to this | 24 | | subparagraph (B) shall be allocated as provided by the
| 25 | | Department of Agriculture, with the advice and | 26 | | assistance of the Illinois
Standardbred
Breeders Fund |
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| 1 | | Advisory Board.
| 2 | | (7.2) Notwithstanding any other provision of this Act | 3 | | to the contrary, if
no
thoroughbred racing is conducted at | 4 | | a racetrack located in Madison County
during any
calendar | 5 | | year beginning on or after January 1,
2002, all
moneys | 6 | | derived by
that racetrack from simulcast wagering and | 7 | | inter-track wagering that (1) are to
be used
for purses and | 8 | | (2) are generated between the hours of 6:30 a.m. and 6:30 | 9 | | p.m.
during that
calendar year shall
be deposited as | 10 | | follows:
| 11 | | (A) If the licensee that conducts horse racing at | 12 | | that racetrack
requests from the
Board at least
as many | 13 | | racing dates as were conducted in calendar year 2000, | 14 | | 80%
shall be deposited into its standardbred purse
| 15 | | account; and
| 16 | | (B) Twenty percent shall be deposited into the | 17 | | Illinois Colt Stakes
Purse
Distribution Fund. Moneys | 18 | | deposited into the Illinois Colt Stakes Purse
| 19 | | Distribution Fund
pursuant to this subparagraph (B) | 20 | | shall be paid to Illinois
conceived and foaled | 21 | | thoroughbred breeders' programs
and to thoroughbred | 22 | | purses for races conducted at any county fairgrounds | 23 | | for
Illinois conceived
and foaled horses at the | 24 | | discretion of the
Department of Agriculture, with the | 25 | | advice and assistance of
the Illinois Thoroughbred | 26 | | Breeders Fund Advisory
Board. The moneys deposited |
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| 1 | | into the Illinois Colt Stakes Purse Distribution
Fund
| 2 | | pursuant to this subparagraph (B) shall be deposited | 3 | | within 2 weeks
after the day they were generated, shall | 4 | | be in addition to and not in
lieu of any other moneys | 5 | | paid to thoroughbred purses
under this Act, and shall | 6 | | not be commingled with other moneys deposited into
that | 7 | | Fund.
| 8 | | (7.3) If no live standardbred racing is conducted at a | 9 | | racetrack located
in
Madison
County in calendar year 2000 | 10 | | or 2001,
an organization licensee who is licensed
to | 11 | | conduct horse racing at that racetrack shall, before | 12 | | January 1, 2002, pay
all
moneys derived from simulcast | 13 | | wagering and inter-track wagering in calendar
years 2000 | 14 | | and 2001 and
paid into the licensee's standardbred purse | 15 | | account as follows:
| 16 | | (A) Eighty percent to that licensee's thoroughbred | 17 | | purse account to
be used for thoroughbred purses; and
| 18 | | (B) Twenty percent to the Illinois Colt Stakes | 19 | | Purse Distribution
Fund.
| 20 | | Failure to make the payment to the Illinois Colt Stakes | 21 | | Purse Distribution
Fund before January 1, 2002
shall
result | 22 | | in the immediate revocation of the licensee's organization
| 23 | | license, inter-track wagering license, and inter-track | 24 | | wagering location
license.
| 25 | | Moneys paid into the Illinois
Colt Stakes Purse | 26 | | Distribution Fund pursuant to this
paragraph (7.3) shall be |
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| 1 | | paid to purses for standardbred
races for Illinois | 2 | | conceived and foaled horses conducted
at any county
| 3 | | fairgrounds.
Moneys paid into the Illinois
Colt Stakes | 4 | | Purse Distribution Fund pursuant to this
paragraph (7.3) | 5 | | shall be used as determined by the
Department of | 6 | | Agriculture, with the advice and assistance of the
Illinois | 7 | | Standardbred Breeders Fund Advisory Board, shall be in | 8 | | addition to
and not in lieu of any other moneys paid to | 9 | | standardbred purses under this Act,
and shall not be | 10 | | commingled
with any other moneys paid into that Fund.
| 11 | | (7.4) If live standardbred racing is conducted at a | 12 | | racetrack located in
Madison
County at any time in calendar | 13 | | year 2001 before the payment required
under
paragraph (7.3) | 14 | | has been made, the organization licensee who is licensed to
| 15 | | conduct
racing at that racetrack shall pay all moneys | 16 | | derived by that racetrack from
simulcast
wagering and | 17 | | inter-track wagering during calendar years 2000 and 2001 | 18 | | that (1)
are to be
used for purses and (2) are generated | 19 | | between the hours of 6:30 p.m. and 6:30
a.m.
during 2000 or | 20 | | 2001 to the standardbred purse account at that
racetrack to
| 21 | | be used for standardbred purses.
| 22 | | (8) Notwithstanding any provision in this Act to the | 23 | | contrary, an
organization licensee from a track located in | 24 | | a county with a population in
excess of 230,000 and that | 25 | | borders the Mississippi River and its affiliated
non-host | 26 | | licensees shall not be entitled to share in any retention |
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| 1 | | generated on
racing, inter-track wagering, or simulcast | 2 | | wagering at any other Illinois
wagering facility.
| 3 | | (8.1) Notwithstanding any provisions in this Act to the | 4 | | contrary, if 2
organization licensees
are conducting | 5 | | standardbred race meetings concurrently
between the hours | 6 | | of 6:30 p.m. and 6:30 a.m., after payment of all applicable
| 7 | | State and local taxes and interstate commission fees, the | 8 | | remainder of the
amount retained from simulcast wagering | 9 | | otherwise attributable to the host
track and to host track | 10 | | purses shall be split daily between the 2
organization | 11 | | licensees and the purses at the tracks of the 2 | 12 | | organization
licensees, respectively, based on each | 13 | | organization licensee's share
of the total live handle for | 14 | | that day,
provided that this provision shall not apply to | 15 | | any non-host licensee that
derives its license from a track | 16 | | located in a county with a population in
excess of 230,000 | 17 | | and that borders the Mississippi River.
| 18 | | (9) (Blank).
| 19 | | (10) (Blank).
| 20 | | (11) (Blank).
| 21 | | (12) The Board shall have authority to compel all host | 22 | | tracks to receive
the simulcast of any or all races | 23 | | conducted at the Springfield or DuQuoin State
fairgrounds | 24 | | and include all such races as part of their simulcast | 25 | | programs.
| 26 | | (13) Notwithstanding any other provision of this Act, |
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| 1 | | in the event that
the total Illinois pari-mutuel handle on | 2 | | Illinois horse races at all wagering
facilities in any | 3 | | calendar year is less than 75% of the total Illinois
| 4 | | pari-mutuel handle on Illinois horse races at all such | 5 | | wagering facilities for
calendar year 1994, then each | 6 | | wagering facility that has an annual total
Illinois | 7 | | pari-mutuel handle on Illinois horse races that is less | 8 | | than 75% of
the total Illinois pari-mutuel handle on | 9 | | Illinois horse races at such wagering
facility for calendar | 10 | | year 1994, shall be permitted to receive, from any amount
| 11 | | otherwise
payable to the purse account at the race track | 12 | | with which the wagering facility
is affiliated in the | 13 | | succeeding calendar year, an amount equal to 2% of the
| 14 | | differential in total Illinois pari-mutuel handle on | 15 | | Illinois horse
races at the wagering facility between that | 16 | | calendar year in question and 1994
provided, however, that | 17 | | a
wagering facility shall not be entitled to any such | 18 | | payment until the Board
certifies in writing to the | 19 | | wagering facility the amount to which the wagering
facility | 20 | | is entitled
and a schedule for payment of the amount to the | 21 | | wagering facility, based on:
(i) the racing dates awarded | 22 | | to the race track affiliated with the wagering
facility | 23 | | during the succeeding year; (ii) the sums available or | 24 | | anticipated to
be available in the purse account of the | 25 | | race track affiliated with the
wagering facility for purses | 26 | | during the succeeding year; and (iii) the need to
ensure |
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| 1 | | reasonable purse levels during the payment period.
The | 2 | | Board's certification
shall be provided no later than | 3 | | January 31 of the succeeding year.
In the event a wagering | 4 | | facility entitled to a payment under this paragraph
(13) is | 5 | | affiliated with a race track that maintains purse accounts | 6 | | for both
standardbred and thoroughbred racing, the amount | 7 | | to be paid to the wagering
facility shall be divided | 8 | | between each purse account pro rata, based on the
amount of | 9 | | Illinois handle on Illinois standardbred and thoroughbred | 10 | | racing
respectively at the wagering facility during the | 11 | | previous calendar year.
Annually, the General Assembly | 12 | | shall appropriate sufficient funds from the
General | 13 | | Revenue Fund to the Department of Agriculture for payment | 14 | | into the
thoroughbred and standardbred horse racing purse | 15 | | accounts at
Illinois pari-mutuel tracks. The amount paid to | 16 | | each purse account shall be
the amount certified by the | 17 | | Illinois Racing Board in January to be
transferred from | 18 | | each account to each eligible racing facility in
accordance | 19 | | with the provisions of this Section.
| 20 | | (h) The Board may approve and license the conduct of | 21 | | inter-track wagering
and simulcast wagering by inter-track | 22 | | wagering licensees and inter-track
wagering location licensees | 23 | | subject to the following terms and conditions:
| 24 | | (1) Any person licensed to conduct a race meeting (i) | 25 | | at a track where
60 or more days of racing were conducted | 26 | | during the immediately preceding
calendar year or where |
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| 1 | | over the 5 immediately preceding calendar years an
average | 2 | | of 30 or more days of racing were conducted annually may be | 3 | | issued an
inter-track wagering license; (ii) at a track
| 4 | | located in a county that is bounded by the Mississippi | 5 | | River, which has a
population of less than 150,000 | 6 | | according to the 1990 decennial census, and an
average of | 7 | | at least 60 days of racing per year between 1985 and 1993 | 8 | | may be
issued an inter-track wagering license; or (iii) at | 9 | | a track
located in Madison
County that conducted at least | 10 | | 100 days of live racing during the immediately
preceding
| 11 | | calendar year may be issued an inter-track wagering | 12 | | license, unless a lesser
schedule of
live racing is the | 13 | | result of (A) weather, unsafe track conditions, or other
| 14 | | acts of God; (B)
an agreement between the organization | 15 | | licensee and the associations
representing the
largest | 16 | | number of owners, trainers, jockeys, or standardbred | 17 | | drivers who race
horses at
that organization licensee's | 18 | | racing meeting; or (C) a finding by the Board of
| 19 | | extraordinary circumstances and that it was in the best | 20 | | interest of the public
and the sport to conduct fewer than | 21 | | 100 days of live racing. Any such person
having operating | 22 | | control of the racing facility may also receive up to 6
| 23 | | inter-track wagering
location licenses. In no event shall | 24 | | more than 6 inter-track wagering
locations be established | 25 | | for each eligible race track, except that an
eligible race | 26 | | track located in a county that has a population of more |
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| 1 | | than
230,000 and that is bounded by the Mississippi River | 2 | | may establish up to 7
inter-track wagering locations.
An | 3 | | application for
said license shall be filed with the Board | 4 | | prior to such dates as may be
fixed by the Board. With an | 5 | | application for an inter-track
wagering
location license | 6 | | there shall be delivered to the Board a certified check or
| 7 | | bank draft payable to the order of the Board for an amount | 8 | | equal to $500.
The application shall be on forms prescribed | 9 | | and furnished by the Board. The
application shall comply | 10 | | with all other rules,
regulations and conditions imposed by | 11 | | the Board in connection therewith.
| 12 | | (2) The Board shall examine the applications with | 13 | | respect to their
conformity with this Act and the rules and | 14 | | regulations imposed by the
Board. If found to be in | 15 | | compliance with the Act and rules and regulations
of the | 16 | | Board, the Board may then issue a license to conduct | 17 | | inter-track
wagering and simulcast wagering to such | 18 | | applicant. All such applications
shall be acted upon by the | 19 | | Board at a meeting to be held on such date as may be
fixed | 20 | | by the Board.
| 21 | | (3) In granting licenses to conduct inter-track | 22 | | wagering and simulcast
wagering, the Board shall give due | 23 | | consideration to
the best interests of the
public, of horse | 24 | | racing, and of maximizing revenue to the State.
| 25 | | (4) Prior to the issuance of a license to conduct | 26 | | inter-track wagering
and simulcast wagering,
the applicant |
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| 1 | | shall file with the Board a bond payable to the State of | 2 | | Illinois
in the sum of $50,000, executed by the applicant | 3 | | and a surety company or
companies authorized to do business | 4 | | in this State, and conditioned upon
(i) the payment by the | 5 | | licensee of all taxes due under Section 27 or 27.1
and any | 6 | | other monies due and payable under this Act, and (ii)
| 7 | | distribution by the licensee, upon presentation of the | 8 | | winning ticket or
tickets, of all sums payable to the | 9 | | patrons of pari-mutuel pools.
| 10 | | (5) Each license to conduct inter-track wagering and | 11 | | simulcast
wagering shall specify the person
to whom it is | 12 | | issued, the dates on which such wagering is permitted, and
| 13 | | the track or location where the wagering is to be | 14 | | conducted.
| 15 | | (6) All wagering under such license is subject to this | 16 | | Act and to the
rules and regulations from time to time | 17 | | prescribed by the Board, and every
such license issued by | 18 | | the Board shall contain a recital to that effect.
| 19 | | (7) An inter-track wagering licensee or inter-track | 20 | | wagering location
licensee may accept wagers at the track | 21 | | or location
where it is licensed, or as otherwise provided | 22 | | under this Act.
| 23 | | (8) Inter-track wagering or simulcast wagering shall | 24 | | not be
conducted
at any track less than 5 miles from a | 25 | | track at which a racing meeting is in
progress.
| 26 | | (8.1) Inter-track wagering location
licensees who |
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| 1 | | derive their licenses from a particular organization | 2 | | licensee
shall conduct inter-track wagering and simulcast | 3 | | wagering only at locations
which are either within 90
miles | 4 | | of that race track where the particular organization | 5 | | licensee is
licensed to conduct racing, or within 135 miles | 6 | | of that race track
where
the particular organization | 7 | | licensee is licensed to conduct racing
in the case
of race | 8 | | tracks in counties of less than 400,000 that were operating | 9 | | on or
before June 1, 1986. However, inter-track wagering | 10 | | and simulcast wagering
shall not
be conducted by those | 11 | | licensees at any location within 5 miles of any race
track | 12 | | at which a
horse race meeting has been licensed in the | 13 | | current year, unless the person
having operating control of | 14 | | such race track has given its written consent
to such | 15 | | inter-track wagering location licensees,
which consent
| 16 | | must be filed with the Board at or prior to the time | 17 | | application is made.
| 18 | | (8.2) Inter-track wagering or simulcast wagering shall | 19 | | not be
conducted by an inter-track
wagering location | 20 | | licensee at any location within 500 feet of an
existing
| 21 | | church or existing school, nor within 500 feet of the | 22 | | residences
of more than 50 registered voters without
| 23 | | receiving written permission from a majority of the | 24 | | registered
voters at such residences.
Such written | 25 | | permission statements shall be filed with the Board. The
| 26 | | distance of 500 feet shall be measured to the nearest part |
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| 1 | | of any
building
used for worship services, education | 2 | | programs, residential purposes, or
conducting inter-track | 3 | | wagering by an inter-track wagering location
licensee, and | 4 | | not to property boundaries. However, inter-track wagering | 5 | | or
simulcast wagering may be conducted at a site within 500 | 6 | | feet of
a church, school or residences
of 50 or more | 7 | | registered voters if such church, school
or residences have | 8 | | been erected
or established, or such voters have been | 9 | | registered, after
the Board issues
the original | 10 | | inter-track wagering location license at the site in | 11 | | question.
Inter-track wagering location licensees may | 12 | | conduct inter-track wagering
and simulcast wagering only | 13 | | in areas that are zoned for
commercial or manufacturing | 14 | | purposes or
in areas for which a special use has been | 15 | | approved by the local zoning
authority. However, no license | 16 | | to conduct inter-track wagering and simulcast
wagering | 17 | | shall be
granted by the Board with respect to any | 18 | | inter-track wagering location
within the jurisdiction of | 19 | | any local zoning authority which has, by
ordinance or by | 20 | | resolution, prohibited the establishment of an inter-track
| 21 | | wagering location within its jurisdiction. However, | 22 | | inter-track wagering
and simulcast wagering may be | 23 | | conducted at a site if such ordinance or
resolution is | 24 | | enacted after
the Board licenses the original inter-track | 25 | | wagering location
licensee for the site in question.
| 26 | | (9) (Blank).
|
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| 1 | | (10) An inter-track wagering licensee or an | 2 | | inter-track wagering
location licensee may retain, subject | 3 | | to the
payment of the privilege taxes and the purses, an | 4 | | amount not to
exceed 17% of all money wagered. Each program | 5 | | of racing conducted by
each inter-track wagering licensee | 6 | | or inter-track wagering location
licensee shall be | 7 | | considered a separate racing day for the purpose of
| 8 | | determining the daily handle and computing the privilege | 9 | | tax or pari-mutuel
tax on such daily
handle as provided in | 10 | | Section 27.
| 11 | | (10.1) Except as provided in subsection (g) of Section | 12 | | 27 of this Act,
inter-track wagering location licensees | 13 | | shall pay 1% of the
pari-mutuel handle at each location to | 14 | | the municipality in which such
location is situated and 1% | 15 | | of the pari-mutuel handle at each location to
the county in | 16 | | which such location is situated. In the event that an
| 17 | | inter-track wagering location licensee is situated in an | 18 | | unincorporated
area of a county, such licensee shall pay 2% | 19 | | of the pari-mutuel handle from
such location to such | 20 | | county.
| 21 | | (10.2) Notwithstanding any other provision of this | 22 | | Act, with respect to
intertrack wagering at a race track | 23 | | located in a
county that has a population of
more than | 24 | | 230,000 and that is bounded by the Mississippi River ("the | 25 | | first race
track"), or at a facility operated by an | 26 | | inter-track wagering licensee or
inter-track wagering |
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| 1 | | location licensee that derives its license from the
| 2 | | organization licensee that operates the first race track, | 3 | | on races conducted at
the first race track or on races | 4 | | conducted at another Illinois race track
and | 5 | | simultaneously televised to the first race track or to a | 6 | | facility operated
by an inter-track wagering licensee or | 7 | | inter-track wagering location licensee
that derives its | 8 | | license from the organization licensee that operates the | 9 | | first
race track, those moneys shall be allocated as | 10 | | follows:
| 11 | | (A) That portion of all moneys wagered on | 12 | | standardbred racing that is
required under this Act to | 13 | | be paid to purses shall be paid to purses for
| 14 | | standardbred races.
| 15 | | (B) That portion of all moneys wagered on | 16 | | thoroughbred racing
that is required under this Act to | 17 | | be paid to purses shall be paid to purses
for | 18 | | thoroughbred races.
| 19 | | (11) (A) After payment of the privilege or pari-mutuel | 20 | | tax, any other
applicable
taxes, and
the costs and expenses | 21 | | in connection with the gathering, transmission, and
| 22 | | dissemination of all data necessary to the conduct of | 23 | | inter-track wagering,
the remainder of the monies retained | 24 | | under either Section 26 or Section 26.2
of this Act by the | 25 | | inter-track wagering licensee on inter-track wagering
| 26 | | shall be allocated with 50% to be split between the
2 |
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| 1 | | participating licensees and 50% to purses, except
that an | 2 | | intertrack wagering licensee that derives its
license from | 3 | | a track located in a county with a population in excess of | 4 | | 230,000
and that borders the Mississippi River shall not | 5 | | divide any remaining
retention with the Illinois | 6 | | organization licensee that provides the race or
races, and | 7 | | an intertrack wagering licensee that accepts wagers on | 8 | | races
conducted by an organization licensee that conducts a | 9 | | race meet in a county
with a population in excess of | 10 | | 230,000 and that borders the Mississippi River
shall not | 11 | | divide any remaining retention with that organization | 12 | | licensee.
| 13 | | (B) From the
sums permitted to be retained pursuant to | 14 | | this Act each inter-track wagering
location licensee shall | 15 | | pay (i) the privilege or pari-mutuel tax to the
State; (ii) | 16 | | 4.75% of the
pari-mutuel handle on intertrack wagering at | 17 | | such location on
races as purses, except that
an intertrack | 18 | | wagering location licensee that derives its license from a
| 19 | | track located in a county with a population in excess of | 20 | | 230,000 and that
borders the Mississippi River shall retain | 21 | | all purse moneys for its own purse
account consistent with | 22 | | distribution set forth in this subsection (h), and
| 23 | | intertrack wagering location licensees that accept wagers | 24 | | on races
conducted
by an organization licensee located in a | 25 | | county with a population in excess of
230,000 and that | 26 | | borders the Mississippi River shall distribute all purse
|
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| 1 | | moneys to purses at the operating host track; (iii) until | 2 | | January 1, 2000,
except as
provided in
subsection (g) of | 3 | | Section 27 of this Act, 1% of the
pari-mutuel handle | 4 | | wagered on inter-track wagering and simulcast wagering at
| 5 | | each inter-track wagering
location licensee facility to | 6 | | the Horse Racing Tax Allocation Fund, provided
that, to the | 7 | | extent the total amount collected and distributed to the | 8 | | Horse
Racing Tax Allocation Fund under this subsection (h) | 9 | | during any calendar year
exceeds the amount collected and | 10 | | distributed to the Horse Racing Tax Allocation
Fund during | 11 | | calendar year 1994, that excess amount shall be | 12 | | redistributed (I)
to all inter-track wagering location | 13 | | licensees, based on each licensee's
pro-rata share of the | 14 | | total handle from inter-track wagering and simulcast
| 15 | | wagering for all inter-track wagering location licensees | 16 | | during the calendar
year in which this provision is | 17 | | applicable; then (II) the amounts redistributed
to each | 18 | | inter-track wagering location licensee as described in | 19 | | subpart (I)
shall be further redistributed as provided in | 20 | | subparagraph (B) of paragraph (5)
of subsection (g) of this | 21 | | Section 26 provided first, that the shares of those
| 22 | | amounts, which are to be redistributed to the host track or | 23 | | to purses at the
host track under subparagraph (B) of | 24 | | paragraph (5) of subsection (g) of this
Section 26 shall be
| 25 | | redistributed based on each host track's pro rata share of | 26 | | the total
inter-track
wagering and simulcast wagering |
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| 1 | | handle at all host tracks during the calendar
year in | 2 | | question, and second, that any amounts redistributed as | 3 | | described in
part (I) to an inter-track wagering location | 4 | | licensee that accepts
wagers on races conducted by an | 5 | | organization licensee that conducts a race meet
in a county | 6 | | with a population in excess of 230,000 and that borders the
| 7 | | Mississippi River shall be further redistributed as | 8 | | provided in subparagraphs
(D) and (E) of paragraph (7) of | 9 | | subsection (g) of this Section 26, with the
portion of that
| 10 | | further redistribution allocated to purses at that | 11 | | organization licensee to be
divided between standardbred | 12 | | purses and thoroughbred purses based on the
amounts | 13 | | otherwise allocated to purses at that organization | 14 | | licensee during the
calendar year in question; and (iv) 8% | 15 | | of the pari-mutuel handle on
inter-track wagering wagered | 16 | | at
such location to satisfy all costs and expenses of | 17 | | conducting its wagering. The
remainder of the monies | 18 | | retained by the inter-track wagering location licensee
| 19 | | shall be allocated 40% to the location licensee and 60% to | 20 | | the organization
licensee which provides the Illinois | 21 | | races to the location, except that an
intertrack wagering | 22 | | location
licensee that derives its license from a track | 23 | | located in a county with a
population in excess of 230,000 | 24 | | and that borders the Mississippi River shall
not divide any | 25 | | remaining retention with the organization licensee that | 26 | | provides
the race or races and an intertrack wagering |
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| 1 | | location licensee that accepts
wagers on races conducted by | 2 | | an organization licensee that conducts a race meet
in a | 3 | | county with a population in excess of 230,000 and that | 4 | | borders the
Mississippi River shall not divide any | 5 | | remaining retention with the
organization licensee.
| 6 | | Notwithstanding the provisions of clauses (ii) and (iv) of | 7 | | this
paragraph, in the case of the additional inter-track | 8 | | wagering location licenses
authorized under paragraph (1) | 9 | | of this subsection (h) by this amendatory
Act of 1991, | 10 | | those licensees shall pay the following amounts as purses:
| 11 | | during the first 12 months the licensee is in operation, | 12 | | 5.25% of
the
pari-mutuel handle wagered at the location on | 13 | | races; during the second 12
months, 5.25%; during the third | 14 | | 12 months, 5.75%;
during
the fourth 12 months,
6.25%; and | 15 | | during the fifth 12 months and thereafter, 6.75%. The
| 16 | | following amounts shall be retained by the licensee to | 17 | | satisfy all costs
and expenses of conducting its wagering: | 18 | | during the first 12 months the
licensee is in operation, | 19 | | 8.25% of the pari-mutuel handle wagered
at the
location; | 20 | | during the second 12 months, 8.25%; during the third 12
| 21 | | months, 7.75%;
during the fourth 12 months, 7.25%; and | 22 | | during the fifth 12 months
and
thereafter, 6.75%.
For | 23 | | additional intertrack wagering location licensees | 24 | | authorized under this
amendatory
Act of 1995, purses for | 25 | | the first 12 months the licensee is in operation shall
be | 26 | | 5.75% of the pari-mutuel wagered
at the location, purses |
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| 1 | | for the second 12 months the licensee is in operation
shall | 2 | | be 6.25%, and purses
thereafter shall be 6.75%. For | 3 | | additional intertrack location
licensees
authorized under
| 4 | | this amendatory Act of 1995, the licensee shall be allowed | 5 | | to retain to satisfy
all costs and expenses: 7.75% of the | 6 | | pari-mutuel handle wagered at
the location
during its first | 7 | | 12 months of operation, 7.25% during its second
12
months | 8 | | of
operation, and 6.75% thereafter.
| 9 | | (C) There is hereby created the Horse Racing Tax | 10 | | Allocation Fund
which shall remain in existence until | 11 | | December 31, 1999. Moneys
remaining in the Fund after | 12 | | December 31, 1999
shall be paid into the
General Revenue | 13 | | Fund. Until January 1, 2000,
all monies paid into the Horse | 14 | | Racing Tax Allocation Fund pursuant to this
paragraph (11) | 15 | | by inter-track wagering location licensees located in park
| 16 | | districts of 500,000 population or less, or in a | 17 | | municipality that is not
included within any park district | 18 | | but is included within a conservation
district and is the | 19 | | county seat of a county that (i) is contiguous to the state
| 20 | | of Indiana and (ii) has a 1990 population of 88,257 | 21 | | according to the United
States Bureau of the Census, and | 22 | | operating on May 1, 1994 shall be
allocated by | 23 | | appropriation as follows:
| 24 | | Two-sevenths to the Department of Agriculture. | 25 | | Fifty percent of
this two-sevenths shall be used to | 26 | | promote the Illinois horse racing and
breeding |
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| 1 | | industry, and shall be distributed by the Department of | 2 | | Agriculture
upon the advice of a 9-member committee | 3 | | appointed by the Governor consisting of
the following | 4 | | members: the Director of Agriculture, who shall serve | 5 | | as
chairman; 2 representatives of organization | 6 | | licensees conducting thoroughbred
race meetings in | 7 | | this State, recommended by those licensees; 2 | 8 | | representatives
of organization licensees conducting | 9 | | standardbred race meetings in this State,
recommended | 10 | | by those licensees; a representative of the Illinois
| 11 | | Thoroughbred Breeders and Owners Foundation, | 12 | | recommended by that
Foundation; a representative of | 13 | | the Illinois Standardbred Owners and
Breeders | 14 | | Association, recommended
by that Association; a | 15 | | representative of
the Horsemen's Benevolent and | 16 | | Protective Association or any successor
organization | 17 | | thereto established in Illinois comprised of the | 18 | | largest number of
owners and trainers, recommended by | 19 | | that
Association or that successor organization; and a
| 20 | | representative of the Illinois Harness Horsemen's
| 21 | | Association, recommended by that Association. | 22 | | Committee members shall
serve for terms of 2 years, | 23 | | commencing January 1 of each even-numbered
year. If a | 24 | | representative of any of the above-named entities has | 25 | | not been
recommended by January 1 of any even-numbered | 26 | | year, the Governor shall
appoint a committee member to |
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| 1 | | fill that position. Committee members shall
receive no | 2 | | compensation for their services as members but shall be
| 3 | | reimbursed for all actual and necessary expenses and | 4 | | disbursements incurred
in the performance of their | 5 | | official duties. The remaining 50% of this
| 6 | | two-sevenths shall be distributed to county fairs for | 7 | | premiums and
rehabilitation as set forth in the | 8 | | Agricultural Fair Act;
| 9 | | Four-sevenths to park districts or municipalities | 10 | | that do not have a
park district of 500,000 population | 11 | | or less for museum purposes (if an
inter-track wagering | 12 | | location licensee is located in such a park district) | 13 | | or
to conservation districts for museum purposes (if an | 14 | | inter-track wagering
location licensee is located in a | 15 | | municipality that is not included within any
park | 16 | | district but is included within a conservation | 17 | | district and is the county
seat of a county that (i) is | 18 | | contiguous to the state of Indiana and (ii) has a
1990 | 19 | | population of 88,257 according to the United States | 20 | | Bureau of the Census,
except that if the conservation | 21 | | district does not maintain a museum, the monies
shall | 22 | | be allocated equally between the county and the | 23 | | municipality in which the
inter-track wagering | 24 | | location licensee is located for general purposes) or | 25 | | to a
municipal recreation board for park purposes (if | 26 | | an inter-track wagering
location licensee is located |
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| 1 | | in a municipality that is not included within any
park | 2 | | district and park maintenance is the function of the | 3 | | municipal recreation
board and the municipality has a | 4 | | 1990 population of 9,302 according to the
United States | 5 | | Bureau of the Census); provided that the monies are | 6 | | distributed
to each park district or conservation | 7 | | district or municipality that does not
have a park | 8 | | district in an amount equal to four-sevenths of the | 9 | | amount
collected by each inter-track wagering location | 10 | | licensee within the park
district or conservation | 11 | | district or municipality for the Fund. Monies that
were | 12 | | paid into the Horse Racing Tax Allocation Fund before | 13 | | the effective date
of this amendatory Act of 1991 by an | 14 | | inter-track wagering location licensee
located in a | 15 | | municipality that is not included within any park | 16 | | district but is
included within a conservation | 17 | | district as provided in this paragraph shall, as
soon | 18 | | as practicable after the effective date of this | 19 | | amendatory Act of 1991, be
allocated and paid to that | 20 | | conservation district as provided in this paragraph.
| 21 | | Any park district or municipality not maintaining a | 22 | | museum may deposit the
monies in the corporate fund of | 23 | | the park district or municipality where the
| 24 | | inter-track wagering location is located, to be used | 25 | | for general purposes;
and
| 26 | | One-seventh to the Agricultural Premium Fund to be |
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| 1 | | used for distribution
to agricultural home economics | 2 | | extension councils in accordance with "An
Act in | 3 | | relation to additional support and finances for the | 4 | | Agricultural and
Home Economic Extension Councils in | 5 | | the several counties of this State and
making an | 6 | | appropriation therefor", approved July 24, 1967.
| 7 | | Until January 1, 2000, all other
monies paid into the | 8 | | Horse Racing Tax
Allocation Fund pursuant to
this paragraph | 9 | | (11) shall be allocated by appropriation as follows:
| 10 | | Two-sevenths to the Department of Agriculture. | 11 | | Fifty percent of this
two-sevenths shall be used to | 12 | | promote the Illinois horse racing and breeding
| 13 | | industry, and shall be distributed by the Department of | 14 | | Agriculture upon the
advice of a 9-member committee | 15 | | appointed by the Governor consisting of the
following | 16 | | members: the Director of Agriculture, who shall serve | 17 | | as chairman; 2
representatives of organization | 18 | | licensees conducting thoroughbred race meetings
in | 19 | | this State, recommended by those licensees; 2 | 20 | | representatives of
organization licensees conducting | 21 | | standardbred race meetings in this State,
recommended | 22 | | by those licensees; a representative of the Illinois | 23 | | Thoroughbred
Breeders and Owners Foundation, | 24 | | recommended by that Foundation; a
representative of | 25 | | the Illinois Standardbred Owners and Breeders | 26 | | Association,
recommended by that Association; a |
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| 1 | | representative of the Horsemen's Benevolent
and | 2 | | Protective Association or any successor organization | 3 | | thereto established
in Illinois comprised of the | 4 | | largest number of owners and trainers,
recommended by | 5 | | that Association or that successor organization; and a
| 6 | | representative of the Illinois Harness Horsemen's | 7 | | Association, recommended by
that Association. | 8 | | Committee members shall serve for terms of 2 years,
| 9 | | commencing January 1 of each even-numbered year. If a | 10 | | representative of any of
the above-named entities has | 11 | | not been recommended by January 1 of any
even-numbered | 12 | | year, the Governor shall appoint a committee member to | 13 | | fill that
position. Committee members shall receive no | 14 | | compensation for their services
as members but shall be | 15 | | reimbursed for all actual and necessary expenses and
| 16 | | disbursements incurred in the performance of their | 17 | | official duties. The
remaining 50% of this | 18 | | two-sevenths shall be distributed to county fairs for
| 19 | | premiums and rehabilitation as set forth in the | 20 | | Agricultural Fair Act;
| 21 | | Four-sevenths to museums and aquariums located in | 22 | | park districts of over
500,000 population; provided | 23 | | that the monies are distributed in accordance with
the | 24 | | previous year's distribution of the maintenance tax | 25 | | for such museums and
aquariums as provided in Section 2 | 26 | | of the Park District Aquarium and Museum
Act; and
|
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| 1 | | One-seventh to the Agricultural Premium Fund to be | 2 | | used for distribution
to agricultural home economics | 3 | | extension councils in accordance with "An Act
in | 4 | | relation to additional support and finances for the | 5 | | Agricultural and
Home Economic Extension Councils in | 6 | | the several counties of this State and
making an | 7 | | appropriation therefor", approved July 24, 1967.
This | 8 | | subparagraph (C) shall be inoperative and of no force | 9 | | and effect on and
after January 1, 2000.
| 10 | | (D) Except as provided in paragraph (11) of this | 11 | | subsection (h),
with respect to purse allocation from | 12 | | intertrack wagering, the monies so
retained shall be | 13 | | divided as follows:
| 14 | | (i) If the inter-track wagering licensee, | 15 | | except an intertrack
wagering licensee that | 16 | | derives its license from an organization
licensee | 17 | | located in a county with a population in excess of | 18 | | 230,000 and bounded
by the Mississippi River, is | 19 | | not conducting its own
race meeting during the same | 20 | | dates, then the entire purse allocation shall be
to | 21 | | purses at the track where the races wagered on are | 22 | | being conducted.
| 23 | | (ii) If the inter-track wagering licensee, | 24 | | except an intertrack
wagering licensee that | 25 | | derives its license from an organization
licensee | 26 | | located in a county with a population in excess of |
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| 1 | | 230,000 and bounded
by the Mississippi River, is | 2 | | also
conducting its own
race meeting during the | 3 | | same dates, then the purse allocation shall be as
| 4 | | follows: 50% to purses at the track where the races | 5 | | wagered on are
being conducted; 50% to purses at | 6 | | the track where the inter-track
wagering licensee | 7 | | is accepting such wagers.
| 8 | | (iii) If the inter-track wagering is being | 9 | | conducted by an inter-track
wagering location | 10 | | licensee, except an intertrack wagering location | 11 | | licensee
that derives its license from an | 12 | | organization licensee located in a
county with a | 13 | | population in excess of 230,000 and bounded by the | 14 | | Mississippi
River, the entire purse allocation for | 15 | | Illinois races shall
be to purses at the track | 16 | | where the race meeting being wagered on is being
| 17 | | held.
| 18 | | (12) The Board shall have all powers necessary and | 19 | | proper to fully
supervise and control the conduct of
| 20 | | inter-track wagering and simulcast
wagering by inter-track | 21 | | wagering licensees and inter-track wagering location
| 22 | | licensees, including, but not
limited to the following:
| 23 | | (A) The Board is vested with power to promulgate | 24 | | reasonable rules and
regulations for the purpose of | 25 | | administering the
conduct of this
wagering and to | 26 | | prescribe reasonable rules, regulations and conditions |
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| 1 | | under
which such wagering shall be held and conducted. | 2 | | Such rules and regulations
are to provide for the | 3 | | prevention of practices detrimental to the public
| 4 | | interest and for
the best interests of said wagering | 5 | | and to impose penalties
for violations thereof.
| 6 | | (B) The Board, and any person or persons to whom it | 7 | | delegates this
power, is vested with the power to enter | 8 | | the
facilities of any licensee to determine whether | 9 | | there has been
compliance with the provisions of this | 10 | | Act and the rules and regulations
relating to the | 11 | | conduct of such wagering.
| 12 | | (C) The Board, and any person or persons to whom it | 13 | | delegates this
power, may eject or exclude from any | 14 | | licensee's facilities, any person whose
conduct or | 15 | | reputation
is such that his presence on such premises | 16 | | may, in the opinion of the Board,
call into the | 17 | | question the honesty and integrity of, or interfere | 18 | | with the
orderly conduct of such wagering; provided, | 19 | | however, that no person shall
be excluded or ejected | 20 | | from such premises solely on the grounds of race,
| 21 | | color, creed, national origin, ancestry, or sex.
| 22 | | (D) (Blank).
| 23 | | (E) The Board is vested with the power to appoint | 24 | | delegates to execute
any of the powers granted to it | 25 | | under this Section for the purpose of
administering | 26 | | this wagering and any
rules and
regulations
|
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| 1 | | promulgated in accordance with this Act.
| 2 | | (F) The Board shall name and appoint a State | 3 | | director of this wagering
who shall be a representative | 4 | | of the Board and whose
duty it shall
be to supervise | 5 | | the conduct of inter-track wagering as may be provided | 6 | | for
by the rules and regulations of the Board; such | 7 | | rules and regulation shall
specify the method of | 8 | | appointment and the Director's powers, authority and
| 9 | | duties.
| 10 | | (G) The Board is vested with the power to impose | 11 | | civil penalties of up
to $5,000 against individuals and | 12 | | up to $10,000 against
licensees for each violation of | 13 | | any provision of
this Act relating to the conduct of | 14 | | this wagering, any
rules adopted
by the Board, any | 15 | | order of the Board or any other action which in the | 16 | | Board's
discretion, is a detriment or impediment to | 17 | | such wagering.
| 18 | | (13) The Department of Agriculture may enter into | 19 | | agreements with
licensees authorizing such licensees to | 20 | | conduct inter-track
wagering on races to be held at the | 21 | | licensed race meetings conducted by the
Department of | 22 | | Agriculture. Such
agreement shall specify the races of the | 23 | | Department of Agriculture's
licensed race meeting upon | 24 | | which the licensees will conduct wagering. In the
event | 25 | | that a licensee
conducts inter-track pari-mutuel wagering | 26 | | on races from the Illinois State Fair
or DuQuoin State Fair |
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| 1 | | which are in addition to the licensee's previously
approved | 2 | | racing program, those races shall be considered a separate | 3 | | racing day
for the
purpose of determining the daily handle | 4 | | and computing the privilege or
pari-mutuel tax on
that | 5 | | daily handle as provided in Sections 27
and 27.1. Such
| 6 | | agreements shall be approved by the Board before such | 7 | | wagering may be
conducted. In determining whether to grant | 8 | | approval, the Board shall give
due consideration to the | 9 | | best interests of the public and of horse racing.
The | 10 | | provisions of paragraphs (1), (8), (8.1), and (8.2) of
| 11 | | subsection (h) of this
Section which are not specified in | 12 | | this paragraph (13) shall not apply to
licensed race | 13 | | meetings conducted by the Department of Agriculture at the
| 14 | | Illinois State Fair in Sangamon County or the DuQuoin State | 15 | | Fair in Perry
County, or to any wagering conducted on
those | 16 | | race meetings.
| 17 | | (i) Notwithstanding the other provisions of this Act, the | 18 | | conduct of
wagering at wagering facilities is authorized on all | 19 | | days, except as limited by
subsection (b) of Section 19 of this | 20 | | Act.
| 21 | | (Source: P.A. 96-762, eff. 8-25-09.)
| 22 | | (230 ILCS 5/27) (from Ch. 8, par. 37-27) | 23 | | Sec. 27. (a) In addition to the organization license fee | 24 | | provided
by this Act, until January 1, 2000, a
graduated | 25 | | privilege tax is hereby
imposed for conducting
the pari-mutuel |
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| 1 | | system of wagering permitted under this
Act. Until January 1, | 2 | | 2000, except as provided in subsection (g) of
Section 27 of | 3 | | this Act, all of
the breakage of each racing day held by any | 4 | | licensee in the State shall be paid
to the State.
Until January | 5 | | 1, 2000, such daily graduated privilege tax shall be paid by
| 6 | | the
licensee from the amount permitted to be retained under | 7 | | this Act.
Until January 1, 2000, each day's
graduated privilege | 8 | | tax, breakage, and Horse Racing Tax Allocation
funds shall be | 9 | | remitted to the Department of Revenue within 48 hours after the
| 10 | | close of the racing day upon which it is assessed or within | 11 | | such other time as
the Board prescribes. The privilege tax | 12 | | hereby imposed, until January
1, 2000, shall be a flat tax at
| 13 | | the rate of 2% of the daily pari-mutuel handle except as | 14 | | provided in Section
27.1. | 15 | | In addition, every organization licensee, except as
| 16 | | provided in Section 27.1 of this Act, which conducts multiple
| 17 | | wagering shall pay, until January 1, 2000,
as a privilege tax | 18 | | on multiple
wagers an amount
equal to 1.25% of all moneys | 19 | | wagered each day on such multiple wagers,
plus an additional | 20 | | amount equal to 3.5% of the amount wagered each day on any
| 21 | | other multiple wager which involves a single
betting interest | 22 | | on 3 or more horses. The licensee shall remit the amount of
| 23 | | such taxes to the Department of Revenue within 48 hours after | 24 | | the close of
the racing day on which it is assessed or within | 25 | | such other time as the Board
prescribes. | 26 | | This subsection (a) shall be inoperative and of no force |
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| 1 | | and effect on and
after January 1, 2000. | 2 | | (a-5) Beginning on January 1, 2000, a
flat
pari-mutuel tax | 3 | | at the rate of 1.5% of
the daily
pari-mutuel handle is imposed | 4 | | at all pari-mutuel wagering facilities and on advance deposit | 5 | | wagering from a location other than a wagering facility, except | 6 | | as otherwise provided for in this subsection (a-5). In addition | 7 | | to the pari-mutuel tax imposed on advance deposit wagering | 8 | | pursuant to this subsection (a-5), an additional pari-mutuel | 9 | | tax at the rate of 0.25% shall be imposed on advance deposit | 10 | | wagering, the amount of which shall not exceed $250,000 in each | 11 | | calendar year. The additional 0.25% pari-mutuel tax imposed on | 12 | | advance deposit wagering by Public Act 96-972 this amendatory | 13 | | Act of the 96th General Assembly shall be deposited as follows: | 14 | | 50% deposited into the Quarter Horse Purse Fund, which shall be | 15 | | created as a non-appropriated trust fund administered by the | 16 | | Board for grants to thoroughbred organization licensees for | 17 | | payment of purses for quarter horse races conducted by the | 18 | | organization licensee , and 50% deposited equally into the | 19 | | standardbred purse accounts of organization licensees | 20 | | conducting standardbred racing . Thoroughbred organization | 21 | | licensees may petition the Board to conduct quarter horse | 22 | | racing and receive purse grants from the Quarter Horse Purse | 23 | | Fund. The Board shall have complete discretion in distributing | 24 | | the Quarter Horse Purse Fund to the petitioning organization | 25 | | licensees. Beginning on the effective date of this amendatory | 26 | | Act of the 96th General Assembly and until moneys deposited |
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| 1 | | pursuant to Section 54 are distributed and received, a | 2 | | pari-mutuel tax at the rate of 0.75% of the daily pari-mutuel | 3 | | handle is imposed at a pari-mutuel facility whose license is | 4 | | derived from a track located in a county that borders the | 5 | | Mississippi River and conducted live racing in the previous | 6 | | year. After moneys deposited pursuant to Section 54 are | 7 | | distributed and received, a pari-mutuel tax at the rate of 1.5% | 8 | | of the daily pari-mutuel handle is imposed at a pari-mutuel | 9 | | facility whose license is derived from a track located in a | 10 | | county that borders the Mississippi River and conducted live | 11 | | racing in the previous year. The pari-mutuel tax imposed by | 12 | | this subsection (a-5)
shall be remitted to the Department of
| 13 | | Revenue within 48 hours after the close of the racing day upon | 14 | | which it is
assessed or within such other time as the Board | 15 | | prescribes. | 16 | | (a-6) On August 25, 2012, and every 30 days thereafter for | 17 | | a total period of one year, all advance deposit wagering | 18 | | licensees shall collectively pay an aggregate amount of | 19 | | $27,084, which shall be deposited equally into the standardbred | 20 | | purse accounts of organization licensees conducting | 21 | | standardbred racing. Each advance deposit wagering licensee's | 22 | | share of the monthly payment shall be directly proportional to | 23 | | that advance deposit wagering licensee's share of the total | 24 | | advance deposit wagering handle for 2011. | 25 | | (b) On or before December 31, 1999, in
the event that any | 26 | | organization
licensee conducts
2 separate programs
of races on |
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| 1 | | any day, each such program shall be considered a separate
| 2 | | racing day for purposes of determining the daily handle and | 3 | | computing
the privilege tax on such daily handle as provided in | 4 | | subsection (a) of
this Section. | 5 | | (c) Licensees shall at all times keep accurate
books
and | 6 | | records of all monies wagered on each day of a race meeting and | 7 | | of
the taxes paid to the Department of Revenue under the | 8 | | provisions of this
Section. The Board or its duly authorized | 9 | | representative or
representatives shall at all reasonable | 10 | | times have access to such
records for the purpose of examining | 11 | | and checking the same and
ascertaining whether the proper | 12 | | amount of taxes is being paid as
provided. The Board shall | 13 | | require verified reports and a statement of
the total of all | 14 | | monies wagered daily at each wagering facility upon which
the | 15 | | taxes are assessed and may prescribe forms upon which such | 16 | | reports
and statement shall be made. | 17 | | (d) Any licensee failing or refusing to pay the amount
of | 18 | | any tax due under this Section shall be guilty of a business | 19 | | offense
and upon conviction shall be fined not more than $5,000 | 20 | | in addition to
the amount found due as tax under this Section. | 21 | | Each day's violation
shall constitute a separate offense. All | 22 | | fines paid into Court by a licensee hereunder shall be | 23 | | transmitted and paid over by
the Clerk of the Court to the | 24 | | Board. | 25 | | (e) No other license fee, privilege tax, excise tax, or
| 26 | | racing fee, except as provided in this Act, shall be assessed |
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| 1 | | or
collected from any such licensee by the State. | 2 | | (f) No other license fee, privilege tax, excise tax or | 3 | | racing fee shall be
assessed or collected from any such | 4 | | licensee by units of local government
except as provided in | 5 | | paragraph 10.1 of subsection (h) and subsection (f) of
Section | 6 | | 26 of this Act. However, any municipality that has a Board | 7 | | licensed
horse race meeting at a race track wholly within its | 8 | | corporate boundaries or a
township that has a Board licensed | 9 | | horse race meeting at a race track wholly
within the | 10 | | unincorporated area of the township may charge a local
| 11 | | amusement tax not to exceed 10˘ per admission to such horse | 12 | | race meeting
by the enactment of an ordinance. However, any | 13 | | municipality or county
that has a Board licensed inter-track | 14 | | wagering location facility wholly
within its corporate | 15 | | boundaries may each impose an admission fee not
to exceed $1.00 | 16 | | per admission to such inter-track wagering location facility,
| 17 | | so that a total of not more than $2.00 per admission may be | 18 | | imposed.
Except as provided in subparagraph (g) of Section 27 | 19 | | of this Act, the
inter-track wagering location licensee shall | 20 | | collect any and all such fees
and within 48 hours remit the | 21 | | fees to the Board, which shall, pursuant to
rule, cause the | 22 | | fees to be distributed to the county or municipality. | 23 | | (g) Notwithstanding any provision in this Act to the | 24 | | contrary, if in any
calendar year the total taxes and fees | 25 | | required to be collected from
licensees and distributed under | 26 | | this Act to all State and local governmental
authorities |
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| 1 | | exceeds the amount of such taxes and fees distributed to each | 2 | | State
and local governmental authority to which each State and | 3 | | local governmental
authority was entitled under this Act for | 4 | | calendar year 1994, then the first
$11 million of that excess | 5 | | amount shall be allocated at the earliest possible
date for | 6 | | distribution as purse money for the succeeding calendar year.
| 7 | | Upon reaching the 1994 level, and until the excess amount of | 8 | | taxes and fees
exceeds $11 million, the Board shall direct all | 9 | | licensees to cease paying the
subject taxes and fees and the | 10 | | Board shall direct all licensees to allocate any such excess | 11 | | amount for purses as
follows: | 12 | | (i) the excess amount shall be initially divided | 13 | | between thoroughbred and
standardbred purses based on the | 14 | | thoroughbred's and standardbred's respective
percentages | 15 | | of total Illinois live wagering in calendar year 1994; | 16 | | (ii) each thoroughbred and standardbred organization | 17 | | licensee issued an
organization licensee in that | 18 | | succeeding allocation year shall
be
allocated an amount | 19 | | equal to the product of its percentage of total
Illinois
| 20 | | live thoroughbred or standardbred wagering in calendar | 21 | | year 1994 (the total to
be determined based on the sum of | 22 | | 1994 on-track wagering for all organization
licensees | 23 | | issued organization licenses in both the allocation year | 24 | | and the
preceding year) multiplied by
the total amount | 25 | | allocated for standardbred or thoroughbred purses, | 26 | | provided
that the first $1,500,000 of the amount allocated |
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| 1 | | to standardbred
purses under item (i) shall be allocated to | 2 | | the Department of
Agriculture to be expended with the | 3 | | assistance and advice of the Illinois
Standardbred | 4 | | Breeders Funds Advisory Board for the purposes listed in
| 5 | | subsection (g) of Section 31 of this Act, before the amount | 6 | | allocated to
standardbred purses under item (i) is | 7 | | allocated to standardbred
organization licensees in the | 8 | | succeeding allocation year. | 9 | | To the extent the excess amount of taxes and fees to be | 10 | | collected and
distributed to State and local governmental | 11 | | authorities exceeds $11 million,
that excess amount shall be | 12 | | collected and distributed to State and local
authorities as | 13 | | provided for under this Act. | 14 | | (Source: P.A. 96-762, eff. 8-25-09; 96-1287, eff. 7-26-10.)
| 15 | | (230 ILCS 5/28) (from Ch. 8, par. 37-28)
| 16 | | Sec. 28. Except as provided in subsection (g) of Section 27 | 17 | | of this Act,
moneys collected shall be distributed according to | 18 | | the provisions of this
Section 28.
| 19 | | (a) Thirty
per cent of the total of all monies received
by | 20 | | the State as privilege taxes shall be paid into the | 21 | | Metropolitan Exposition
Auditorium and Office Building Fund in | 22 | | the State Treasury.
| 23 | | (b) In addition, 4.5% of the total of all monies received
| 24 | | by the State as privilege taxes shall be paid into the State | 25 | | treasury
into a special Fund to be known as the Metropolitan |
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| 1 | | Exposition,
Auditorium, and Office Building Fund.
| 2 | | (c) Fifty per cent of the total of all monies received by | 3 | | the State
as privilege taxes under the provisions of this Act | 4 | | shall be paid into
the Agricultural Premium Fund.
| 5 | | (d) Seven per cent of the total of all monies received by | 6 | | the State
as privilege taxes shall be paid into the Fair and | 7 | | Exposition Fund in
the State treasury; provided, however, that | 8 | | when all bonds issued prior to
July 1, 1984 by the Metropolitan | 9 | | Fair and Exposition Authority shall have
been paid or payment | 10 | | shall have been provided for upon a refunding of those
bonds, | 11 | | thereafter 1/12 of $1,665,662 of such monies shall be paid each
| 12 | | month into the Build Illinois Fund, and the remainder into the | 13 | | Fair and
Exposition Fund. All excess monies shall be allocated | 14 | | to the Department of
Agriculture for distribution to county | 15 | | fairs for premiums and
rehabilitation as set forth in the | 16 | | Agricultural Fair Act.
| 17 | | (e) The monies provided for in Section 30 shall be paid | 18 | | into the
Illinois Thoroughbred Breeders Fund.
| 19 | | (f) The monies provided for in Section 31 shall be paid | 20 | | into the
Illinois Standardbred Breeders Fund.
| 21 | | (g) Until January 1, 2000, that part representing
1/2 of | 22 | | the total breakage in Thoroughbred,
Harness, Appaloosa, | 23 | | Arabian, and Quarter Horse racing in the State shall
be paid | 24 | | into the Illinois Race Track Improvement Fund as established
in | 25 | | Section 32.
| 26 | | (h) All other monies received by the Board under this Act |
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| 1 | | shall be
paid into the Horse Racing Fund General Revenue Fund | 2 | | of the State .
| 3 | | (i) The salaries of the Board members, secretary, stewards,
| 4 | | directors of mutuels, veterinarians, representatives, | 5 | | accountants,
clerks, stenographers, inspectors and other | 6 | | employees of the Board, and
all expenses of the Board incident | 7 | | to the administration of this Act,
including, but not limited | 8 | | to, all expenses and salaries incident to the
taking of saliva | 9 | | and urine samples in accordance with the rules and
regulations | 10 | | of the Board shall be paid out of the Agricultural Premium
| 11 | | Fund.
| 12 | | (j) The Agricultural Premium Fund shall also be used:
| 13 | | (1) for the expenses of operating the Illinois State | 14 | | Fair and the
DuQuoin State Fair, including the
payment of | 15 | | prize money or premiums;
| 16 | | (2) for the distribution to county fairs, vocational | 17 | | agriculture
section fairs, agricultural societies, and | 18 | | agricultural extension clubs
in accordance with the | 19 | | Agricultural Fair Act, as
amended;
| 20 | | (3) for payment of prize monies and premiums awarded | 21 | | and for
expenses incurred in connection with the | 22 | | International Livestock
Exposition and the Mid-Continent | 23 | | Livestock Exposition held in Illinois,
which premiums, and | 24 | | awards must be approved, and paid by the Illinois
| 25 | | Department of Agriculture;
| 26 | | (4) for personal service of county agricultural |
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| 1 | | advisors and county
home advisors;
| 2 | | (5) for distribution to agricultural home economic | 3 | | extension
councils in accordance with "An Act in relation | 4 | | to additional support
and finance for the Agricultural and | 5 | | Home Economic Extension Councils in
the several counties in | 6 | | this State and making an appropriation
therefor", approved | 7 | | July 24, 1967, as amended;
| 8 | | (6) for research on equine disease, including a | 9 | | development center
therefor;
| 10 | | (7) for training scholarships for study on equine | 11 | | diseases to
students at the University of Illinois College | 12 | | of Veterinary Medicine;
| 13 | | (8) for the rehabilitation, repair and maintenance of
| 14 | | the Illinois and DuQuoin State Fair Grounds and
the | 15 | | structures and facilities thereon and the construction of | 16 | | permanent
improvements on such Fair Grounds, including | 17 | | such structures, facilities and
property located on such
| 18 | | State Fair Grounds which are under the custody and control | 19 | | of the
Department of Agriculture;
| 20 | | (9) for the expenses of the Department of Agriculture | 21 | | under Section
5-530 of the Departments of State Government | 22 | | Law (20 ILCS
5/5-530);
| 23 | | (10) for the expenses of the Department of Commerce and | 24 | | Economic Opportunity under Sections
605-620, 605-625, and
| 25 | | 605-630 of the Department of Commerce and Economic | 26 | | Opportunity Law (20 ILCS
605/605-620, 605/605-625, and |
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| 1 | | 605/605-630);
| 2 | | (11) for remodeling, expanding, and reconstructing | 3 | | facilities
destroyed by fire of any Fair and Exposition | 4 | | Authority in counties with
a population of 1,000,000 or | 5 | | more inhabitants;
| 6 | | (12) for the purpose of assisting in the care and | 7 | | general
rehabilitation of disabled veterans of any war and | 8 | | their surviving
spouses and orphans;
| 9 | | (13) for expenses of the Department of State Police for | 10 | | duties
performed under this Act;
| 11 | | (14) for the Department of Agriculture for soil surveys | 12 | | and soil and water
conservation purposes;
| 13 | | (15) for the Department of Agriculture for grants to | 14 | | the City of Chicago
for conducting the Chicagofest;
| 15 | | (16) for the State Comptroller for grants and operating | 16 | | expenses authorized by the Illinois Global Partnership | 17 | | Act.
| 18 | | (k) To the extent that monies paid by the Board to the | 19 | | Agricultural
Premium Fund are in the opinion of the Governor in | 20 | | excess of the amount
necessary for the purposes herein stated, | 21 | | the Governor shall notify the
Comptroller and the State | 22 | | Treasurer of such fact, who, upon receipt of
such notification, | 23 | | shall transfer such excess monies from the
Agricultural Premium | 24 | | Fund to the General Revenue Fund.
| 25 | | (Source: P.A. 94-91, Sections 55-135 and 90-10, eff. 7-1-05.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
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