Full Text of HB2663 99th General Assembly
HB2663ham001 99TH GENERAL ASSEMBLY | Rep. Thaddeus Jones Filed: 10/23/2015
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| 1 | | AMENDMENT TO HOUSE BILL 2663
| 2 | | AMENDMENT NO. ______. Amend House Bill 2663 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Horse Racing Act of 1975 is | 5 | | amended by changing Sections 3.080, 19, 20, 26, and 26.4 as | 6 | | follows:
| 7 | | (230 ILCS 5/3.080)
| 8 | | Sec. 3.080. Simulcast program. Until January 1, 2016 or the | 9 | | effective date of this amendatory Act of the 99th General | 10 | | Assembly, whichever is later, "simulcast "Simulcast program" | 11 | | means the program of simultaneously
televised horse races, | 12 | | including (i) the signal of any out-of-state horse race
| 13 | | selected by the host track subject to the disapproval of the | 14 | | Board ; , (ii) the
signals of live racing of all organization | 15 | | licensees, which must be included by
the host track; and (iii) | 16 | | the signal of live racing at the DuQuoin and
Springfield State |
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| 1 | | fairs, if mandated by the Board.
| 2 | | On and after January 1, 2016 or the effective date of this | 3 | | amendatory Act of the 99th General Assembly, whichever is | 4 | | later, "simulcast program" means the program of simultaneously
| 5 | | televised horse races, including (i) the signals of live racing | 6 | | of all organization licensees and (ii) the signal of live | 7 | | racing at the DuQuoin and
Springfield State fairs, if mandated | 8 | | by the Board. | 9 | | (Source: P.A. 89-16, eff. 5-30-95.)
| 10 | | (230 ILCS 5/19) (from Ch. 8, par. 37-19)
| 11 | | Sec. 19.
(a) No organization license may be granted to | 12 | | conduct a
horse race meeting:
| 13 | | (1) except as provided in subsection (c) of Section 21 | 14 | | of this Act,
until January 1, 2016 or the effective date of | 15 | | this amendatory Act of the 99th General Assembly, whichever | 16 | | is later, to any person at any place within 35 miles of any | 17 | | other place
licensed by the Board to hold a race meeting on | 18 | | the same date during the
same hours ; ,
the mileage
| 19 | | measurement used in this subsection (a) shall be certified | 20 | | to the Board by
the Bureau of
Systems and Services in the | 21 | | Illinois Department of Transportation as the
most commonly | 22 | | used public way of vehicular travel;
| 23 | | (2) to any person in default in the payment of any | 24 | | obligation or
debt due the State under this Act, provided | 25 | | no applicant shall be deemed
in default in the payment of |
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| 1 | | any obligation or debt due to the State
under this Act as | 2 | | long as there is pending a hearing of any kind
relevant to | 3 | | such matter;
| 4 | | (3) to any person who has been convicted of the | 5 | | violation of any law
of the United States or any State law | 6 | | which provided as all or part of
its penalty imprisonment | 7 | | in any penal institution; to any person against
whom there | 8 | | is pending a Federal or State criminal charge; to any | 9 | | person
who is or has been connected with or engaged in the | 10 | | operation of any
illegal business; to any person who does | 11 | | not enjoy a general reputation
in his community of being an | 12 | | honest, upright, law-abiding person;
provided that none of | 13 | | the matters set forth in this subparagraph (3)
shall make | 14 | | any person ineligible to be granted an organization license
| 15 | | if the Board determines, based on circumstances of any such | 16 | | case, that
the granting of a license would not be | 17 | | detrimental to the interests of
horse racing and of the | 18 | | public;
| 19 | | (4) to any person who does not at the time of | 20 | | application for the
organization license own or have a | 21 | | contract or lease for the possession
of a finished race | 22 | | track suitable for the type of racing intended to be
held | 23 | | by the applicant and for the accommodation of the public.
| 24 | | (b) Horse racing on Sunday shall be prohibited unless | 25 | | authorized by
ordinance or referendum of the municipality in | 26 | | which a race track or any
of its appurtenances or facilities |
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| 1 | | are located, or utilized.
| 2 | | (c) If any person is ineligible to receive an
organization
| 3 | | license because of any of the matters set forth in subsection | 4 | | (a) (2) or
subsection (a) (3) of this Section, any other or | 5 | | separate person that
either (i) controls, directly or | 6 | | indirectly, such ineligible person
or (ii) is controlled, | 7 | | directly or indirectly, by such ineligible
person or by a | 8 | | person which controls, directly or indirectly, such
ineligible | 9 | | person shall also be ineligible.
| 10 | | (Source: P.A. 88-495; 89-16, eff. 5-30-95 .)
| 11 | | (230 ILCS 5/20) (from Ch. 8, par. 37-20)
| 12 | | Sec. 20.
(a) Any person desiring to conduct a horse race | 13 | | meeting may
apply to the Board for an organization license. The | 14 | | application shall be
made on a form prescribed and furnished by | 15 | | the Board. The application shall
specify:
| 16 | | (1) the dates on which
it intends to conduct the horse | 17 | | race meeting, which
dates shall be provided
under Section | 18 | | 21;
| 19 | | (2) the hours of each racing day between which it | 20 | | intends to
hold or
conduct horse racing at such meeting;
| 21 | | (3) the location where it proposes to conduct the
| 22 | | meeting; and
| 23 | | (4) any other information the Board may reasonably | 24 | | require.
| 25 | | (b) A separate application for an organization license |
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| 1 | | shall be filed
for each horse race meeting
which such person | 2 | | proposes to hold. Any such application, if made by an
| 3 | | individual, or by any individual as trustee, shall be
signed | 4 | | and verified under oath by such individual. If
made by | 5 | | individuals or a partnership, it shall be signed and
verified | 6 | | under oath by at least 2 of such individuals or members of such
| 7 | | partnership as the case may be. If made by an association, | 8 | | corporation,
corporate trustee or any other entity, it shall be | 9 | | signed by the president
and attested by the secretary or | 10 | | assistant secretary under the seal
of such association, trust | 11 | | or corporation if it has a seal, and shall
also be verified | 12 | | under oath by one of the signing officers.
| 13 | | (c) The application shall specify the name of the
persons, | 14 | | association, trust, or corporation making such application and | 15 | | the
post office address of the applicant; if the applicant is a | 16 | | trustee, the
names and addresses of the beneficiaries; if a | 17 | | corporation, the names and
post office addresses of all | 18 | | officers, stockholders and directors; or if
such
stockholders | 19 | | hold stock as a nominee or fiduciary, the names and post
office | 20 | | addresses of these persons, partnerships, corporations, or | 21 | | trusts
who are the beneficial owners thereof or who are | 22 | | beneficially interested
therein; and if a partnership, the | 23 | | names and post office addresses of all
partners, general or | 24 | | limited; if the applicant is a corporation, the name
of the | 25 | | state of its incorporation shall be specified.
| 26 | | (d) The applicant shall execute and file with the Board a |
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| 1 | | good faith
affirmative action plan to recruit, train, and | 2 | | upgrade minorities in all
classifications within the | 3 | | association.
| 4 | | (e) With such
application there shall be delivered to the | 5 | | Board a
certified check or bank draft payable to the order of | 6 | | the Board for an
amount equal to $1,000. All applications for
| 7 | | the issuance of an organization license shall be filed with the | 8 | | Board before
August 1 of the year prior to the year for which | 9 | | application is made and shall be acted
upon by the Board at a | 10 | | meeting to be held on such date as shall be fixed
by the Board | 11 | | during the last 15 days of September of such prior year.
At | 12 | | such meeting, the Board shall announce
the award of the racing | 13 | | meets, live racing schedule, and designation of host
track to | 14 | | the applicants and its approval or disapproval of each
| 15 | | application. No announcement shall
be considered binding until | 16 | | a formal order is executed by the Board, which
shall be | 17 | | executed no later than October 15 of that prior year.
Until | 18 | | January 1, 2016 or the effective date of this amendatory Act of | 19 | | the 99th General Assembly, whichever is later, absent Absent | 20 | | the agreement of
the affected organization licensees, the Board | 21 | | shall not grant overlapping
race meetings to 2 or more tracks | 22 | | that are within 100 miles of each
other to conduct the | 23 | | thoroughbred racing.
| 24 | | (e-5) In reviewing an application for the purpose of | 25 | | granting an
organization license consistent with
the best | 26 | | interests of the public and the
sport of horse racing, the |
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| 1 | | Board shall consider:
| 2 | | (1) the character, reputation, experience, and | 3 | | financial integrity of the
applicant and of any other | 4 | | separate person that either:
| 5 | | (i) controls the applicant, directly or | 6 | | indirectly, or
| 7 | | (ii) is controlled, directly or indirectly, by | 8 | | that applicant or by a
person who controls, directly or | 9 | | indirectly, that applicant;
| 10 | | (2) the applicant's facilities or proposed facilities | 11 | | for conducting
horse
racing;
| 12 | | (3) the total revenue without regard to Section 32.1 to | 13 | | be derived by
the State and horsemen from the applicant's
| 14 | | conducting a race meeting;
| 15 | | (4) the applicant's good faith affirmative action plan | 16 | | to recruit, train,
and upgrade minorities in all employment | 17 | | classifications;
| 18 | | (5) the applicant's financial ability to purchase and | 19 | | maintain adequate
liability and casualty insurance;
| 20 | | (6) the applicant's proposed and prior year's | 21 | | promotional and marketing
activities and expenditures of | 22 | | the applicant associated with those activities;
| 23 | | (7) an agreement, if any, among organization licensees | 24 | | as provided in
subsection (b) of Section 21 of this Act; | 25 | | and
| 26 | | (8) the extent to which the applicant exceeds or meets |
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| 1 | | other standards for
the issuance of an organization license | 2 | | that the Board shall adopt by rule.
| 3 | | Except as otherwise provided in this subsection (e-5), in | 4 | | In granting organization licenses and allocating dates for | 5 | | horse race
meetings, the Board shall have discretion to | 6 | | determine an overall schedule,
including required simulcasts | 7 | | of Illinois races by host tracks that will, in
its judgment, be | 8 | | conducive to the best interests of
the public and the sport of | 9 | | horse racing. At the first scheduled meeting on or after the | 10 | | effective date of this amendatory Act of the 99th General | 11 | | Assembly, the Board shall allocate a minimum of 30 racing dates | 12 | | to any organization licensee that applies as long as the | 13 | | organization licensee is in good standing with the Board in the | 14 | | current year.
| 15 | | (e-10) The Illinois Administrative Procedure Act shall | 16 | | apply to
administrative procedures of the Board under this Act | 17 | | for the granting of an
organization license, except that (1) | 18 | | notwithstanding the provisions of
subsection (b) of Section | 19 | | 10-40 of the Illinois Administrative Procedure Act
regarding | 20 | | cross-examination, the
Board may prescribe rules limiting the | 21 | | right of an applicant or participant in
any proceeding to award | 22 | | an organization license to conduct cross-examination of
| 23 | | witnesses at that proceeding where that cross-examination | 24 | | would unduly obstruct
the timely award of an organization | 25 | | license under subsection (e) of Section 20
of this Act; (2) the | 26 | | provisions of Section 10-45 of the Illinois Administrative
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| 1 | | Procedure Act regarding proposals for decision are excluded | 2 | | under this Act; (3)
notwithstanding the provisions of | 3 | | subsection (a) of Section 10-60 of the
Illinois Administrative | 4 | | Procedure Act regarding ex parte communications, the
Board may | 5 | | prescribe rules allowing ex parte communications with | 6 | | applicants or
participants in a proceeding to award an | 7 | | organization license where conducting
those communications | 8 | | would be in the best interest of racing, provided all
those | 9 | | communications are made part of the record of that proceeding | 10 | | pursuant
to subsection (c) of Section 10-60 of the Illinois | 11 | | Administrative
Procedure Act; (4) the provisions of Section 14a | 12 | | of this Act and the rules of
the Board promulgated under that | 13 | | Section shall apply instead of the provisions
of Article 10 of | 14 | | the Illinois Administrative Procedure Act regarding
| 15 | | administrative law judges; and (5) the provisions of subsection | 16 | | (d)
of Section 10-65 of the Illinois Administrative Procedure | 17 | | Act that prevent
summary suspension of a license pending | 18 | | revocation or other action shall not
apply.
| 19 | | (f) The Board may allot racing dates to an organization | 20 | | licensee for more
than one calendar year but for no more than 3 | 21 | | successive calendar years in
advance, provided that the Board | 22 | | shall review such allotment for more than
one calendar year | 23 | | prior to each year for which such allotment has been
made. The | 24 | | granting of an organization license to a person constitutes a
| 25 | | privilege to conduct a horse race meeting under the provisions | 26 | | of this Act, and
no person granted an organization license |
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| 1 | | shall be deemed to have a vested
interest, property right, or | 2 | | future expectation to receive an organization
license in any | 3 | | subsequent year as a result of the granting of an organization
| 4 | | license , except as required in subsection (e-5) of this | 5 | | Section . Organization licenses shall be subject to revocation | 6 | | if the
organization licensee has violated any provision of this | 7 | | Act
or the rules and regulations promulgated under this Act or | 8 | | has been convicted
of a crime or has failed to disclose or has | 9 | | stated falsely any information
called for in the application | 10 | | for an organization license. Any
organization license | 11 | | revocation
proceeding shall be in accordance with Section 16 | 12 | | regarding suspension and
revocation of occupation licenses.
| 13 | | (f-5) If, (i) an applicant does not file an acceptance of | 14 | | the racing dates
awarded by the Board as required under part | 15 | | (1) of subsection (h) of this
Section 20, or (ii) an | 16 | | organization licensee has its license suspended or
revoked | 17 | | under this Act, the Board, upon conducting an emergency hearing | 18 | | as
provided for in this Act, may reaward on an emergency basis | 19 | | pursuant to
rules established by the Board, racing dates not | 20 | | accepted or the racing
dates
associated with any suspension or | 21 | | revocation period to one or more organization
licensees, new | 22 | | applicants, or any combination thereof, upon terms and
| 23 | | conditions that the Board determines are in the best interest | 24 | | of racing,
provided, the organization licensees or new | 25 | | applicants receiving the awarded
racing dates file an | 26 | | acceptance of those reawarded racing dates as
required under |
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| 1 | | paragraph (1) of subsection (h) of this Section 20 and comply
| 2 | | with the other provisions of this Act. The Illinois | 3 | | Administrative Procedure
Act shall not apply to the | 4 | | administrative procedures of the Board in conducting
the | 5 | | emergency hearing and the reallocation of racing dates on an | 6 | | emergency
basis.
| 7 | | (g) (Blank).
| 8 | | (h) The Board shall send the applicant a copy of its | 9 | | formally
executed order by certified mail addressed to the | 10 | | applicant at the
address stated in his application, which | 11 | | notice shall be mailed within 5 days
of the date the formal | 12 | | order is executed.
| 13 | | Except as required in subsection (e-5) of this Section, | 14 | | each Each applicant notified shall, within 10 days after | 15 | | receipt of the
final executed order of the Board awarding
| 16 | | racing dates:
| 17 | | (1) file with the Board an acceptance of such
award in
| 18 | | the form
prescribed by the Board;
| 19 | | (2) pay to the Board an additional amount equal to $110 | 20 | | for each
racing date awarded; and
| 21 | | (3) file with the Board the bonds required in Sections | 22 | | 21
and 25 at least
20 days prior to the first day of each | 23 | | race meeting.
| 24 | | Upon compliance with the provisions of paragraphs (1), (2), and | 25 | | (3) of
this subsection (h), the applicant shall be issued an
| 26 | | organization license.
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| 1 | | If any applicant fails to comply with this Section or fails
| 2 | | to pay the organization license fees herein provided, no | 3 | | organization
license shall be issued to such applicant.
| 4 | | (Source: P.A. 97-333, eff. 8-12-11.)
| 5 | | (230 ILCS 5/26) (from Ch. 8, par. 37-26)
| 6 | | Sec. 26. Wagering.
| 7 | | (a) Any licensee may conduct and supervise the pari-mutuel | 8 | | system of
wagering, as defined in Section 3.12 of this Act, on | 9 | | horse races conducted by
an Illinois organization
licensee or | 10 | | conducted at a racetrack located in another state or country | 11 | | and
televised in Illinois in accordance with subsection (g) of | 12 | | Section 26 of this
Act. Subject to the prior consent of the | 13 | | Board, licensees may supplement any
pari-mutuel pool in order | 14 | | to guarantee a minimum distribution. Such
pari-mutuel method of | 15 | | wagering shall not,
under any circumstances if conducted under | 16 | | the provisions of this Act,
be held or construed to be | 17 | | unlawful, other statutes of this State to the
contrary | 18 | | notwithstanding.
Subject to rules for advance wagering | 19 | | promulgated by the Board, any
licensee
may accept wagers in | 20 | | advance of the day of
the race wagered upon occurs.
| 21 | | (b) No other method of betting, pool making, wagering or
| 22 | | gambling shall be used or permitted by the licensee. Each | 23 | | licensee
may retain, subject to the payment of all applicable
| 24 | | taxes and purses, an amount not to exceed 17% of all money | 25 | | wagered
under subsection (a) of this Section, except as may |
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| 1 | | otherwise be permitted
under this Act.
| 2 | | (b-5) An individual may place a wager under the pari-mutuel | 3 | | system from
any licensed location authorized under this Act | 4 | | provided that wager is
electronically recorded in the manner | 5 | | described in Section 3.12 of this Act.
Any wager made | 6 | | electronically by an individual while physically on the | 7 | | premises
of a licensee shall be deemed to have been made at the | 8 | | premises of that
licensee.
| 9 | | (c) Until January 1, 2000, the sum held by any licensee for | 10 | | payment of
outstanding pari-mutuel tickets, if unclaimed prior | 11 | | to December 31 of the
next year, shall be retained by the | 12 | | licensee for payment of
such tickets until that date. Within 10 | 13 | | days thereafter, the balance of
such sum remaining unclaimed, | 14 | | less any uncashed supplements contributed by such
licensee for | 15 | | the purpose of guaranteeing minimum distributions
of any | 16 | | pari-mutuel pool, shall be
paid to the
Illinois
Veterans'
| 17 | | Rehabilitation Fund of the State treasury, except as provided | 18 | | in subsection
(g) of Section 27 of this Act.
| 19 | | (c-5) Beginning January 1, 2000, the sum held by any | 20 | | licensee for payment
of
outstanding pari-mutuel tickets, if | 21 | | unclaimed prior to December 31 of the
next year, shall be | 22 | | retained by the licensee for payment of
such tickets until that | 23 | | date. Within 10 days thereafter, the balance of
such sum | 24 | | remaining unclaimed, less any uncashed supplements contributed | 25 | | by such
licensee for the purpose of guaranteeing minimum | 26 | | distributions
of any pari-mutuel pool, shall be evenly |
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| 1 | | distributed to the purse account of
the organization licensee | 2 | | and the organization licensee.
| 3 | | (d) A pari-mutuel ticket shall be honored until December 31 | 4 | | of the
next calendar year, and the licensee shall pay the same | 5 | | and may
charge the amount thereof against unpaid money | 6 | | similarly accumulated on account
of pari-mutuel tickets not | 7 | | presented for payment.
| 8 | | (e) No licensee shall knowingly permit any minor, other
| 9 | | than an employee of such licensee or an owner, trainer,
jockey, | 10 | | driver, or employee thereof, to be admitted during a racing
| 11 | | program unless accompanied by a parent or guardian, or any | 12 | | minor to be a
patron of the pari-mutuel system of wagering | 13 | | conducted or
supervised by it. The admission of any | 14 | | unaccompanied minor, other than
an employee of the licensee or | 15 | | an owner, trainer, jockey,
driver, or employee thereof at a | 16 | | race track is a Class C
misdemeanor.
| 17 | | (f) Notwithstanding the other provisions of this Act, an
| 18 | | organization licensee may contract
with an entity in another | 19 | | state or country to permit any legal
wagering entity in another | 20 | | state or country to accept wagers solely within
such other | 21 | | state or country on races conducted by the organization | 22 | | licensee
in this State.
Beginning January 1, 2000, these wagers
| 23 | | shall not be subject to State
taxation. Until January 1, 2000,
| 24 | | when the out-of-State entity conducts a pari-mutuel pool
| 25 | | separate from the organization licensee, a privilege tax equal | 26 | | to 7 1/2% of
all monies received by the organization licensee |
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| 1 | | from entities in other states
or countries pursuant to such | 2 | | contracts is imposed on the organization
licensee, and such | 3 | | privilege tax shall be remitted to the
Department of Revenue
| 4 | | within 48 hours of receipt of the moneys from the simulcast. | 5 | | When the
out-of-State entity conducts a
combined pari-mutuel | 6 | | pool with the organization licensee, the tax shall be 10%
of | 7 | | all monies received by the organization licensee with 25% of | 8 | | the
receipts from this 10% tax to be distributed to the county
| 9 | | in which the race was conducted.
| 10 | | An organization licensee may permit one or more of its | 11 | | races to be
utilized for
pari-mutuel wagering at one or more | 12 | | locations in other states and may
transmit audio and visual | 13 | | signals of races the organization licensee
conducts to one or
| 14 | | more locations outside the State or country and may also permit | 15 | | pari-mutuel
pools in other states or countries to be combined | 16 | | with its gross or net
wagering pools or with wagering pools | 17 | | established by other states.
| 18 | | (g) Until January 1, 2016 or the effective date of this | 19 | | amendatory Act of the 99th General Assembly, whichever is | 20 | | later, a A host track may accept interstate simulcast wagers on
| 21 | | horse
races conducted in other states or countries and shall | 22 | | control the
number of signals and types of breeds of racing in | 23 | | its simulcast program,
subject to the disapproval of the Board. | 24 | | The Board may prohibit a simulcast
program only if it finds | 25 | | that the simulcast program is clearly
adverse to the integrity | 26 | | of racing. The host track
simulcast program shall
include the |
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| 1 | | signal of live racing of all organization licensees.
All | 2 | | non-host licensees and advance deposit wagering licensees | 3 | | shall carry the signal of and accept wagers on live racing of | 4 | | all organization licensees. On or after January 1, 2016 or the | 5 | | effective date of this amendatory Act of the 99th General | 6 | | Assembly, whichever is later, all tracks may accept interstate | 7 | | simulcast wagers on horse races conducted in other states or | 8 | | countries and shall control the number of signals and types of | 9 | | breeds of racing in its simulcast program, subject to the | 10 | | disapproval of the Board. The Board may prohibit a simulcast | 11 | | program only if it finds that the simulcast program is clearly | 12 | | adverse to the integrity of racing. Licensees and advance | 13 | | deposit wagering licensees shall carry the signal of and accept | 14 | | wagers on live racing of all organization licensees. Advance | 15 | | deposit wagering licensees shall not be permitted to accept | 16 | | out-of-state wagers on any Illinois signal provided pursuant to | 17 | | this Section without the approval and consent of the | 18 | | organization licensee providing the signal. Until January 1, | 19 | | 2016 or the effective date of this amendatory Act of the 99th | 20 | | General Assembly, whichever is later, For one year after the | 21 | | effective date of this amendatory Act of the 98th General | 22 | | Assembly, non-host licensees may carry the host track simulcast | 23 | | program and
shall accept wagers on all races included as part | 24 | | of the simulcast
program of horse races conducted at race | 25 | | tracks located within North America upon which wagering is | 26 | | permitted. Until January 1, 2016 or the effective date of this |
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| 1 | | amendatory Act of the 99th General Assembly, whichever is | 2 | | later, For a period of one year after the effective date of | 3 | | this amendatory Act of the 98th General Assembly, on horse | 4 | | races conducted at race tracks located outside of North | 5 | | America, non-host licensees may accept wagers on all races | 6 | | included as part of the simulcast program upon which wagering | 7 | | is permitted. Until January 1, 2016 or the effective date of | 8 | | this amendatory Act of the 99th General Assembly, whichever is | 9 | | later, Beginning one year after the effective date of this | 10 | | amendatory Act of the 98th General Assembly, non-host licensees | 11 | | may carry the host track simulcast program and shall accept | 12 | | wagers on all races included as part of the simulcast program | 13 | | upon which wagering is permitted.
All organization licensees | 14 | | shall provide their live signal to all advance deposit wagering | 15 | | licensees for a simulcast commission fee not to exceed 6% of | 16 | | the advance deposit wagering licensee's Illinois handle on the | 17 | | organization licensee's signal without prior approval by the | 18 | | Board. The Board may adopt rules under which it may permit | 19 | | simulcast commission fees in excess of 6%. The Board shall | 20 | | adopt rules limiting the interstate commission fees charged to | 21 | | an advance deposit wagering licensee. The Board shall adopt | 22 | | rules regarding advance deposit wagering on interstate | 23 | | simulcast races that shall reflect, among other things, the | 24 | | General Assembly's desire to maximize revenues to the State, | 25 | | horsemen purses, and organization organizational licensees. | 26 | | However, organization licensees providing live signals |
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| 1 | | pursuant to the requirements of this subsection (g) may | 2 | | petition the Board to withhold their live signals from an | 3 | | advance deposit wagering licensee if the organization licensee | 4 | | discovers and the Board finds reputable or credible information | 5 | | that the advance deposit wagering licensee is under | 6 | | investigation by another state or federal governmental agency, | 7 | | the advance deposit wagering licensee's license has been | 8 | | suspended in another state, or the advance deposit wagering | 9 | | licensee's license is in revocation proceedings in another | 10 | | state. The organization licensee's provision of their live | 11 | | signal to an advance deposit wagering licensee under this | 12 | | subsection (g) pertains to wagers placed from within Illinois. | 13 | | Advance deposit wagering licensees may place advance deposit | 14 | | wagering terminals at wagering facilities as a convenience to | 15 | | customers. The advance deposit wagering licensee shall not | 16 | | charge or collect any fee from purses for the placement of the | 17 | | advance deposit wagering terminals. The costs and expenses
of | 18 | | the host track and non-host licensees associated
with | 19 | | interstate simulcast
wagering, other than the interstate
| 20 | | commission fee, shall be borne by the host track and all
| 21 | | non-host licensees
incurring these costs.
The interstate | 22 | | commission fee shall not exceed 5% of Illinois handle on the
| 23 | | interstate simulcast race or races without prior approval of | 24 | | the Board. The
Board shall promulgate rules under which it may | 25 | | permit
interstate commission
fees in excess of 5%. The | 26 | | interstate commission
fee and other fees charged by the sending |
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| 1 | | racetrack, including, but not
limited to, satellite decoder | 2 | | fees, shall , until January 1, 2016 or the effective date of | 3 | | this amendatory Act of the 99th General Assembly, whichever is | 4 | | later, be uniformly applied
to the host track and all non-host | 5 | | licensees.
| 6 | | Notwithstanding any other provision of this Act, until | 7 | | February 1, 2017, an organization licensee, with the consent of | 8 | | the horsemen association representing the largest number of | 9 | | owners, trainers, jockeys, or standardbred drivers who race | 10 | | horses at that organization licensee's racing meeting, may | 11 | | maintain a system whereby advance deposit wagering may take | 12 | | place or an organization licensee, with the consent of the | 13 | | horsemen association representing the largest number of | 14 | | owners, trainers, jockeys, or standardbred drivers who race | 15 | | horses at that organization licensee's racing meeting, may | 16 | | contract with another person to carry out a system of advance | 17 | | deposit wagering. Such consent may not be unreasonably | 18 | | withheld. Only with respect to an appeal to the Board that | 19 | | consent for an organization licensee that maintains its own | 20 | | advance deposit wagering system is being unreasonably | 21 | | withheld, the Board shall issue a final order within 30 days | 22 | | after initiation of the appeal, and the organization licensee's | 23 | | advance deposit wagering system may remain operational during | 24 | | that 30-day period. The actions of any organization licensee | 25 | | who conducts advance deposit wagering or any person who has a | 26 | | contract with an organization licensee to conduct advance |
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| 1 | | deposit wagering who conducts advance deposit wagering on or | 2 | | after January 1, 2013 and prior to the effective date of this | 3 | | amendatory Act of the 98th General Assembly taken in reliance | 4 | | on the changes made to this subsection (g) by this amendatory | 5 | | Act of the 98th General Assembly are hereby validated, provided | 6 | | payment of all applicable pari-mutuel taxes are remitted to the | 7 | | Board. All advance deposit wagers placed from within Illinois | 8 | | must be placed through a Board-approved advance deposit | 9 | | wagering licensee; no other entity may accept an advance | 10 | | deposit wager from a person within Illinois. All advance | 11 | | deposit wagering is subject to any rules adopted by the Board. | 12 | | The Board may adopt rules necessary to regulate advance deposit | 13 | | wagering through the use of emergency rulemaking in accordance | 14 | | with Section 5-45 of the Illinois Administrative Procedure Act. | 15 | | The General Assembly finds that the adoption of rules to | 16 | | regulate advance deposit wagering is deemed an emergency and | 17 | | necessary for the public interest, safety, and welfare. An | 18 | | advance deposit wagering licensee may retain all moneys as | 19 | | agreed to by contract with an organization licensee. Any moneys | 20 | | retained by the organization licensee from advance deposit | 21 | | wagering, not including moneys retained by the advance deposit | 22 | | wagering licensee, shall be paid 50% to the organization | 23 | | licensee's purse account and 50% to the organization licensee. | 24 | | With the exception of any organization licensee that is owned | 25 | | by a publicly traded company that is incorporated in a state | 26 | | other than Illinois and advance deposit wagering licensees |
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| 1 | | under contract with such organization licensees, organization | 2 | | licensees that maintain advance deposit wagering systems and | 3 | | advance deposit wagering licensees that contract with | 4 | | organization licensees shall provide sufficiently detailed | 5 | | monthly accountings to the horsemen association representing | 6 | | the largest number of owners, trainers, jockeys, or | 7 | | standardbred drivers who race horses at that organization | 8 | | licensee's racing meeting so that the horsemen association, as | 9 | | an interested party, can confirm the accuracy of the amounts | 10 | | paid to the purse account at the horsemen association's | 11 | | affiliated organization licensee from advance deposit | 12 | | wagering. If more than one breed races at the same race track | 13 | | facility, then the 50% of the moneys to be paid to an | 14 | | organization licensee's purse account shall be allocated among | 15 | | all organization licensees' purse accounts operating at that | 16 | | race track facility proportionately based on the actual number | 17 | | of host days that the Board grants to that breed at that race | 18 | | track facility in the current calendar year. To the extent any | 19 | | fees from advance deposit wagering conducted in Illinois for | 20 | | wagers in Illinois or other states have been placed in escrow | 21 | | or otherwise withheld from wagers pending a determination of | 22 | | the legality of advance deposit wagering, no action shall be | 23 | | brought to declare such wagers or the disbursement of any fees | 24 | | previously escrowed illegal. | 25 | | (1) Until January 1, 2016 or the effective date of this | 26 | | amendatory Act of the 99th General Assembly, whichever is |
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| 1 | | later, between Between the hours of 6:30 a.m. and 6:30 p.m. | 2 | | an
intertrack wagering
licensee other than the host track | 3 | | may supplement the host track simulcast
program with | 4 | | additional simulcast races or race programs, provided that | 5 | | between
January 1 and the third Friday in February of any | 6 | | year, inclusive, if no live
thoroughbred racing is | 7 | | occurring in Illinois during this period, only
| 8 | | thoroughbred races may be used
for supplemental interstate | 9 | | simulcast purposes. The Board shall withhold
approval for a | 10 | | supplemental interstate simulcast only if it finds that the
| 11 | | simulcast is clearly adverse to the integrity of racing. A | 12 | | supplemental
interstate simulcast may be transmitted from | 13 | | an intertrack wagering licensee to
its affiliated non-host | 14 | | licensees. The interstate commission fee for a
| 15 | | supplemental interstate simulcast shall be paid by the | 16 | | non-host licensee and
its affiliated non-host licensees | 17 | | receiving the simulcast.
| 18 | | (2) Until January 1, 2016 or the effective date of this | 19 | | amendatory Act of the 99th General Assembly, whichever is | 20 | | later, between Between the hours of 6:30 p.m. and 6:30 a.m. | 21 | | an
intertrack wagering
licensee other than the host track | 22 | | may receive supplemental interstate
simulcasts only with | 23 | | the consent of the host track, except when the Board
finds | 24 | | that the simulcast is
clearly adverse to the integrity of | 25 | | racing. Consent granted under this
paragraph (2) to any | 26 | | intertrack wagering licensee shall be deemed consent to
all |
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| 1 | | non-host licensees. The interstate commission fee for the | 2 | | supplemental
interstate simulcast shall be paid
by all | 3 | | participating non-host licensees.
| 4 | | (3) Each licensee conducting interstate simulcast | 5 | | wagering may retain,
subject to the payment of all | 6 | | applicable taxes and the purses, an amount not to
exceed | 7 | | 17% of all money wagered. If any licensee conducts the | 8 | | pari-mutuel
system wagering on races conducted at | 9 | | racetracks in another state or country,
each such race or | 10 | | race program shall be considered a separate racing day for
| 11 | | the purpose of determining the daily handle and computing | 12 | | the privilege tax of
that daily handle as provided in | 13 | | subsection (a) of Section 27.
Until January 1, 2000,
from | 14 | | the sums permitted to be retained pursuant to this | 15 | | subsection, each
intertrack wagering location licensee | 16 | | shall pay 1% of the pari-mutuel handle
wagered on simulcast | 17 | | wagering to the Horse Racing Tax Allocation Fund, subject
| 18 | | to the provisions of subparagraph (B) of paragraph (11) of | 19 | | subsection (h) of
Section 26 of this Act.
| 20 | | (4) A licensee who receives an interstate simulcast may | 21 | | combine its gross
or net pools with pools at the sending | 22 | | racetracks pursuant to rules established
by the Board. All | 23 | | licensees combining their gross pools
at a
sending | 24 | | racetrack shall adopt the take-out percentages of the | 25 | | sending
racetrack.
A licensee may also establish a separate | 26 | | pool and takeout structure for
wagering purposes on races |
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| 1 | | conducted at race tracks outside of the
State of Illinois. | 2 | | The licensee may permit pari-mutuel wagers placed in other
| 3 | | states or
countries to be combined with its gross or net | 4 | | wagering pools or other
wagering pools.
| 5 | | (5) Until January 1, 2016 or the effective date of this | 6 | | amendatory Act of the 99th General Assembly, whichever is | 7 | | later, after After the payment of the interstate commission | 8 | | fee (except for the
interstate commission
fee on a | 9 | | supplemental interstate simulcast, which shall be paid by | 10 | | the host
track and by each non-host licensee through the | 11 | | host-track) and all applicable
State and local
taxes, | 12 | | except as provided in subsection (g) of Section 27 of this | 13 | | Act, the
remainder of moneys retained from simulcast | 14 | | wagering pursuant to this
subsection (g), and Section 26.2 | 15 | | shall be divided as follows:
| 16 | | (A) For interstate simulcast wagers made at a host | 17 | | track, 50% to the
host
track and 50% to purses at the | 18 | | host track.
| 19 | | (B) For wagers placed on interstate simulcast | 20 | | races, supplemental
simulcasts as defined in | 21 | | subparagraphs (1) and (2), and separately pooled races
| 22 | | conducted outside of the State of Illinois made at a | 23 | | non-host
licensee, 25% to the host
track, 25% to the | 24 | | non-host licensee, and 50% to the purses at the host | 25 | | track.
| 26 | | On or after January 1, 2016 or the effective date of |
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| 1 | | this amendatory Act of the 99th General Assembly, whichever | 2 | | is later, after the payment of the interstate commission | 3 | | fee and all applicable State and local taxes, except as | 4 | | provided in subsection (g) of Section 27 of this Act, the | 5 | | licensee shall retain 50% of the retention from interstate | 6 | | simulcast wagers and shall pay 50% to purses at the track | 7 | | from which the licensee derives its license. | 8 | | (6) Notwithstanding any provision in this Act to the | 9 | | contrary, non-host
licensees
who derive their licenses | 10 | | from a track located in a county with a population in
| 11 | | excess of 230,000 and that borders the Mississippi River | 12 | | may receive
supplemental interstate simulcast races at all | 13 | | times subject to Board approval,
which shall be withheld | 14 | | only upon a finding that a supplemental interstate
| 15 | | simulcast is clearly adverse to the integrity of racing.
| 16 | | (7) Notwithstanding any provision of this Act to the | 17 | | contrary, after
payment of all applicable State and local | 18 | | taxes and interstate commission fees,
non-host licensees | 19 | | who derive their licenses from a track located in a county
| 20 | | with a population in excess of 230,000 and that borders the | 21 | | Mississippi River
shall retain 50% of the retention from | 22 | | interstate simulcast wagers and shall
pay 50% to purses at | 23 | | the track from which the non-host licensee derives its
| 24 | | license as follows:
| 25 | | (A) Between January 1 and the third Friday in | 26 | | February, inclusive, if no
live thoroughbred racing is |
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| 1 | | occurring in Illinois during this period, when the
| 2 | | interstate simulcast is a standardbred race, the purse | 3 | | share to its
standardbred purse account;
| 4 | | (B) Between January 1 and the third Friday in | 5 | | February, inclusive, if no
live thoroughbred racing is | 6 | | occurring in Illinois during this period, and the
| 7 | | interstate simulcast is a thoroughbred race, the purse | 8 | | share to its interstate
simulcast purse pool to be | 9 | | distributed under paragraph (10) of this subsection
| 10 | | (g);
| 11 | | (C) Between January 1 and the third Friday in | 12 | | February, inclusive, if
live thoroughbred racing is | 13 | | occurring in Illinois, between 6:30 a.m. and 6:30
p.m. | 14 | | the purse share from wagers made during this time | 15 | | period to its
thoroughbred purse account and between | 16 | | 6:30 p.m. and 6:30 a.m. the purse share
from wagers | 17 | | made during this time period to its standardbred purse | 18 | | accounts;
| 19 | | (D) Between the third Saturday in February and | 20 | | December 31, when the
interstate simulcast occurs | 21 | | between the hours of 6:30 a.m. and 6:30 p.m., the
purse | 22 | | share to its thoroughbred purse account;
| 23 | | (E) Between the third Saturday in February and | 24 | | December 31, when the
interstate simulcast occurs | 25 | | between the hours of 6:30 p.m. and 6:30 a.m., the
purse | 26 | | share to its standardbred purse account.
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| 1 | | (7.1) Notwithstanding any other provision of this Act | 2 | | to the contrary,
if
no
standardbred racing is conducted at | 3 | | a racetrack located in Madison County
during any
calendar | 4 | | year beginning on or after January 1, 2002, all
moneys | 5 | | derived by
that racetrack from simulcast wagering and | 6 | | inter-track wagering that (1) are to
be used
for purses and | 7 | | (2) are generated between the hours of 6:30 p.m. and 6:30 | 8 | | a.m.
during that
calendar year shall
be paid as follows:
| 9 | | (A) If the licensee that conducts horse racing at | 10 | | that racetrack
requests from the Board at least as many | 11 | | racing dates as were conducted in
calendar year 2000, | 12 | | 80% shall be paid to its thoroughbred purse account; | 13 | | and
| 14 | | (B) Twenty percent shall be deposited into the | 15 | | Illinois Colt Stakes
Purse
Distribution
Fund and shall | 16 | | be paid to purses for standardbred races for Illinois | 17 | | conceived
and foaled horses conducted at any county | 18 | | fairgrounds.
The moneys deposited into the Fund | 19 | | pursuant to this subparagraph (B) shall be
deposited
| 20 | | within 2
weeks after the day they were generated, shall | 21 | | be in addition to and not in
lieu of any other
moneys | 22 | | paid to standardbred purses under this Act, and shall | 23 | | not be commingled
with other moneys paid into that | 24 | | Fund. The moneys deposited
pursuant to this | 25 | | subparagraph (B) shall be allocated as provided by the
| 26 | | Department of Agriculture, with the advice and |
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| 1 | | assistance of the Illinois
Standardbred
Breeders Fund | 2 | | Advisory Board.
| 3 | | (7.2) Notwithstanding any other provision of this Act | 4 | | to the contrary, if
no
thoroughbred racing is conducted at | 5 | | a racetrack located in Madison County
during any
calendar | 6 | | year beginning on or after January 1,
2002, all
moneys | 7 | | derived by
that racetrack from simulcast wagering and | 8 | | inter-track wagering that (1) are to
be used
for purses and | 9 | | (2) are generated between the hours of 6:30 a.m. and 6:30 | 10 | | p.m.
during that
calendar year shall
be deposited as | 11 | | follows:
| 12 | | (A) If the licensee that conducts horse racing at | 13 | | that racetrack
requests from the
Board at least
as many | 14 | | racing dates as were conducted in calendar year 2000, | 15 | | 80%
shall be deposited into its standardbred purse
| 16 | | account; and
| 17 | | (B) Twenty percent shall be deposited into the | 18 | | Illinois Colt Stakes
Purse
Distribution Fund. Moneys | 19 | | deposited into the Illinois Colt Stakes Purse
| 20 | | Distribution Fund
pursuant to this subparagraph (B) | 21 | | shall be paid to Illinois
conceived and foaled | 22 | | thoroughbred breeders' programs
and to thoroughbred | 23 | | purses for races conducted at any county fairgrounds | 24 | | for
Illinois conceived
and foaled horses at the | 25 | | discretion of the
Department of Agriculture, with the | 26 | | advice and assistance of
the Illinois Thoroughbred |
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| 1 | | Breeders Fund Advisory
Board. The moneys deposited | 2 | | into the Illinois Colt Stakes Purse Distribution
Fund
| 3 | | pursuant to this subparagraph (B) shall be deposited | 4 | | within 2 weeks
after the day they were generated, shall | 5 | | be in addition to and not in
lieu of any other moneys | 6 | | paid to thoroughbred purses
under this Act, and shall | 7 | | not be commingled with other moneys deposited into
that | 8 | | Fund.
| 9 | | (7.3) If no live standardbred racing is conducted at a | 10 | | racetrack located
in
Madison
County in calendar year 2000 | 11 | | or 2001,
an organization licensee who is licensed
to | 12 | | conduct horse racing at that racetrack shall, before | 13 | | January 1, 2002, pay
all
moneys derived from simulcast | 14 | | wagering and inter-track wagering in calendar
years 2000 | 15 | | and 2001 and
paid into the licensee's standardbred purse | 16 | | account as follows:
| 17 | | (A) Eighty percent to that licensee's thoroughbred | 18 | | purse account to
be used for thoroughbred purses; and
| 19 | | (B) Twenty percent to the Illinois Colt Stakes | 20 | | Purse Distribution
Fund.
| 21 | | Failure to make the payment to the Illinois Colt Stakes | 22 | | Purse Distribution
Fund before January 1, 2002
shall
result | 23 | | in the immediate revocation of the licensee's organization
| 24 | | license, inter-track wagering license, and inter-track | 25 | | wagering location
license.
| 26 | | Moneys paid into the Illinois
Colt Stakes Purse |
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| 1 | | Distribution Fund pursuant to this
paragraph (7.3) shall be | 2 | | paid to purses for standardbred
races for Illinois | 3 | | conceived and foaled horses conducted
at any county
| 4 | | fairgrounds.
Moneys paid into the Illinois
Colt Stakes | 5 | | Purse Distribution Fund pursuant to this
paragraph (7.3) | 6 | | shall be used as determined by the
Department of | 7 | | Agriculture, with the advice and assistance of the
Illinois | 8 | | Standardbred Breeders Fund Advisory Board, shall be in | 9 | | addition to
and not in lieu of any other moneys paid to | 10 | | standardbred purses under this Act,
and shall not be | 11 | | commingled
with any other moneys paid into that Fund.
| 12 | | (7.4) If live standardbred racing is conducted at a | 13 | | racetrack located in
Madison
County at any time in calendar | 14 | | year 2001 before the payment required
under
paragraph (7.3) | 15 | | has been made, the organization licensee who is licensed to
| 16 | | conduct
racing at that racetrack shall pay all moneys | 17 | | derived by that racetrack from
simulcast
wagering and | 18 | | inter-track wagering during calendar years 2000 and 2001 | 19 | | that (1)
are to be
used for purses and (2) are generated | 20 | | between the hours of 6:30 p.m. and 6:30
a.m.
during 2000 or | 21 | | 2001 to the standardbred purse account at that
racetrack to
| 22 | | be used for standardbred purses.
| 23 | | (8) Notwithstanding any provision in this Act to the | 24 | | contrary, an
organization licensee from a track located in | 25 | | a county with a population in
excess of 230,000 and that | 26 | | borders the Mississippi River and its affiliated
non-host |
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| 1 | | licensees shall not be entitled to share in any retention | 2 | | generated on
racing, inter-track wagering, or simulcast | 3 | | wagering at any other Illinois
wagering facility.
| 4 | | (8.1) Until January 1, 2016 or the effective date of | 5 | | this amendatory Act of the 99th General Assembly, whichever | 6 | | is later, notwithstanding Notwithstanding any provisions | 7 | | in this Act to the contrary, if 2
organization licensees
| 8 | | are conducting standardbred race meetings concurrently
| 9 | | between the hours of 6:30 p.m. and 6:30 a.m., after payment | 10 | | of all applicable
State and local taxes and interstate | 11 | | commission fees, the remainder of the
amount retained from | 12 | | simulcast wagering otherwise attributable to the host
| 13 | | track and to host track purses shall be split daily between | 14 | | the 2
organization licensees and the purses at the tracks | 15 | | of the 2 organization
licensees, respectively, based on | 16 | | each organization licensee's share
of the total live handle | 17 | | for that day,
provided that this provision shall not apply | 18 | | to any non-host 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.
| 21 | | (9) (Blank).
| 22 | | (10) (Blank).
| 23 | | (11) (Blank).
| 24 | | (12) The Board shall have authority to compel all host | 25 | | tracks to receive
the simulcast of any or all races | 26 | | conducted at the Springfield or DuQuoin State
fairgrounds |
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| 1 | | and include all such races as part of their simulcast | 2 | | programs.
| 3 | | (13) Notwithstanding any other provision of this Act, | 4 | | in the event that
the total Illinois pari-mutuel handle on | 5 | | Illinois horse races at all wagering
facilities in any | 6 | | calendar year is less than 75% of the total Illinois
| 7 | | pari-mutuel handle on Illinois horse races at all such | 8 | | wagering facilities for
calendar year 1994, then each | 9 | | wagering facility that has an annual total
Illinois | 10 | | pari-mutuel handle on Illinois horse races that is less | 11 | | than 75% of
the total Illinois pari-mutuel handle on | 12 | | Illinois horse races at such wagering
facility for calendar | 13 | | year 1994, shall be permitted to receive, from any amount
| 14 | | otherwise
payable to the purse account at the race track | 15 | | with which the wagering facility
is affiliated in the | 16 | | succeeding calendar year, an amount equal to 2% of the
| 17 | | differential in total Illinois pari-mutuel handle on | 18 | | Illinois horse
races at the wagering facility between that | 19 | | calendar year in question and 1994
provided, however, that | 20 | | a
wagering facility shall not be entitled to any such | 21 | | payment until the Board
certifies in writing to the | 22 | | wagering facility the amount to which the wagering
facility | 23 | | is entitled
and a schedule for payment of the amount to the | 24 | | wagering facility, based on:
(i) the racing dates awarded | 25 | | to the race track affiliated with the wagering
facility | 26 | | during the succeeding year; (ii) the sums available or |
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| 1 | | anticipated to
be available in the purse account of the | 2 | | race track affiliated with the
wagering facility for purses | 3 | | during the succeeding year; and (iii) the need to
ensure | 4 | | reasonable purse levels during the payment period.
The | 5 | | Board's certification
shall be provided no later than | 6 | | January 31 of the succeeding year.
In the event a wagering | 7 | | facility entitled to a payment under this paragraph
(13) is | 8 | | affiliated with a race track that maintains purse accounts | 9 | | for both
standardbred and thoroughbred racing, the amount | 10 | | to be paid to the wagering
facility shall be divided | 11 | | between each purse account pro rata, based on the
amount of | 12 | | Illinois handle on Illinois standardbred and thoroughbred | 13 | | racing
respectively at the wagering facility during the | 14 | | previous calendar year.
Annually, the General Assembly | 15 | | shall appropriate sufficient funds from the
General | 16 | | Revenue Fund to the Department of Agriculture for payment | 17 | | into the
thoroughbred and standardbred horse racing purse | 18 | | accounts at
Illinois pari-mutuel tracks. The amount paid to | 19 | | each purse account shall be
the amount certified by the | 20 | | Illinois Racing Board in January to be
transferred from | 21 | | each account to each eligible racing facility in
accordance | 22 | | with the provisions of this Section.
| 23 | | (h) The Board may approve and license the conduct of | 24 | | inter-track wagering
and simulcast wagering by inter-track | 25 | | wagering licensees and inter-track
wagering location licensees | 26 | | subject to the following terms and conditions:
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| 1 | | (1) Any person licensed to conduct a race meeting (i) | 2 | | at a track where
60 or more days of racing were conducted | 3 | | during the immediately preceding
calendar year or where | 4 | | over the 5 immediately preceding calendar years an
average | 5 | | of 30 or more days of racing were conducted annually may be | 6 | | issued an
inter-track wagering license; (ii) at a track
| 7 | | located in a county that is bounded by the Mississippi | 8 | | River, which has a
population of less than 150,000 | 9 | | according to the 1990 decennial census, and an
average of | 10 | | at least 60 days of racing per year between 1985 and 1993 | 11 | | may be
issued an inter-track wagering license; or (iii) at | 12 | | a track
located in Madison
County that conducted at least | 13 | | 100 days of live racing during the immediately
preceding
| 14 | | calendar year may be issued an inter-track wagering | 15 | | license, unless a lesser
schedule of
live racing is the | 16 | | result of (A) weather, unsafe track conditions, or other
| 17 | | acts of God; (B)
an agreement between the organization | 18 | | licensee and the associations
representing the
largest | 19 | | number of owners, trainers, jockeys, or standardbred | 20 | | drivers who race
horses at
that organization licensee's | 21 | | racing meeting; or (C) a finding by the Board of
| 22 | | extraordinary circumstances and that it was in the best | 23 | | interest of the public
and the sport to conduct fewer than | 24 | | 100 days of live racing. Any such person
having operating | 25 | | control of the racing facility may also receive up to 6
| 26 | | inter-track wagering
location licenses. In no event shall |
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| 1 | | more than 6 inter-track wagering
locations be established | 2 | | for each eligible race track, except that an
eligible race | 3 | | track located in a county that has a population of more | 4 | | than
230,000 and that is bounded by the Mississippi River | 5 | | may establish up to 7
inter-track wagering locations and an | 6 | | eligible race track located in Cook County may establish up | 7 | | to 8 inter-track wagering locations.
An application for
| 8 | | said license shall be filed with the Board prior to such | 9 | | dates as may be
fixed by the Board. With an application for | 10 | | an inter-track
wagering
location license there shall be | 11 | | delivered to the Board a certified check or
bank draft | 12 | | payable to the order of the Board for an amount equal to | 13 | | $500.
The application shall be on forms prescribed and | 14 | | furnished by the Board. The
application shall comply with | 15 | | all other rules,
regulations and conditions imposed by the | 16 | | Board in connection therewith.
| 17 | | (2) The Board shall examine the applications with | 18 | | respect to their
conformity with this Act and the rules and | 19 | | regulations imposed by the
Board. If found to be in | 20 | | compliance with the Act and rules and regulations
of the | 21 | | Board, the Board may then issue a license to conduct | 22 | | inter-track
wagering and simulcast wagering to such | 23 | | applicant. All such applications
shall be acted upon by the | 24 | | Board at a meeting to be held on such date as may be
fixed | 25 | | by the Board.
| 26 | | (3) In granting licenses to conduct inter-track |
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| 1 | | wagering and simulcast
wagering, the Board shall give due | 2 | | consideration to
the best interests of the
public, of horse | 3 | | racing, and of maximizing revenue to the State.
| 4 | | (4) Prior to the issuance of a license to conduct | 5 | | inter-track wagering
and simulcast wagering,
the applicant | 6 | | shall file with the Board a bond payable to the State of | 7 | | Illinois
in the sum of $50,000, executed by the applicant | 8 | | and a surety company or
companies authorized to do business | 9 | | in this State, and conditioned upon
(i) the payment by the | 10 | | licensee of all taxes due under Section 27 or 27.1
and any | 11 | | other monies due and payable under this Act, and (ii)
| 12 | | distribution by the licensee, upon presentation of the | 13 | | winning ticket or
tickets, of all sums payable to the | 14 | | patrons of pari-mutuel pools.
| 15 | | (5) Each license to conduct inter-track wagering and | 16 | | simulcast
wagering shall specify the person
to whom it is | 17 | | issued, the dates on which such wagering is permitted, and
| 18 | | the track or location where the wagering is to be | 19 | | conducted.
| 20 | | (6) All wagering under such license is subject to this | 21 | | Act and to the
rules and regulations from time to time | 22 | | prescribed by the Board, and every
such license issued by | 23 | | the Board shall contain a recital to that effect.
| 24 | | (7) An inter-track wagering licensee or inter-track | 25 | | wagering location
licensee may accept wagers at the track | 26 | | or location
where it is licensed, or as otherwise provided |
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| 1 | | under this Act.
| 2 | | (8) Inter-track wagering or simulcast wagering shall | 3 | | not be
conducted
at any track less than 5 miles from a | 4 | | track at which a racing meeting is in
progress.
| 5 | | (8.1) Inter-track wagering location
licensees who | 6 | | derive their licenses from a particular organization | 7 | | licensee
shall conduct inter-track wagering and simulcast | 8 | | wagering only at locations that
are within 140 miles of | 9 | | that race track
where
the particular organization licensee | 10 | | is licensed to conduct racing. However, inter-track | 11 | | wagering and simulcast wagering
shall not
be conducted by | 12 | | those licensees at any location within 5 miles of any race
| 13 | | track at which a
horse race meeting has been licensed in | 14 | | the current year, unless the person
having operating | 15 | | control of such race track has given its written consent
to | 16 | | such inter-track wagering location licensees,
which | 17 | | consent
must be filed with the Board at or prior to the | 18 | | time application is made. In the case of any inter-track | 19 | | wagering location licensee initially licensed after | 20 | | December 31, 2013, inter-track wagering and simulcast | 21 | | wagering shall not be conducted by those inter-track | 22 | | wagering location licensees that are located outside the | 23 | | City of Chicago at any location within 8 miles of any race | 24 | | track at which a horse race meeting has been licensed in | 25 | | the current year, unless the person having operating | 26 | | control of such race track has given its written consent to |
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| 1 | | such inter-track wagering location licensees, which | 2 | | consent must be filed with the Board at or prior to the | 3 | | time application is made.
| 4 | | (8.2) Inter-track wagering or simulcast wagering shall | 5 | | not be
conducted by an inter-track
wagering location | 6 | | licensee at any location within 500 feet of an
existing
| 7 | | church or existing school, nor within 500 feet of the | 8 | | residences
of more than 50 registered voters without
| 9 | | receiving written permission from a majority of the | 10 | | registered
voters at such residences.
Such written | 11 | | permission statements shall be filed with the Board. The
| 12 | | distance of 500 feet shall be measured to the nearest part | 13 | | of any
building
used for worship services, education | 14 | | programs, residential purposes, or
conducting inter-track | 15 | | wagering by an inter-track wagering location
licensee, and | 16 | | not to property boundaries. However, inter-track wagering | 17 | | or
simulcast wagering may be conducted at a site within 500 | 18 | | feet of
a church, school or residences
of 50 or more | 19 | | registered voters if such church, school
or residences have | 20 | | been erected
or established, or such voters have been | 21 | | registered, after
the Board issues
the original | 22 | | inter-track wagering location license at the site in | 23 | | question.
Inter-track wagering location licensees may | 24 | | conduct inter-track wagering
and simulcast wagering only | 25 | | in areas that are zoned for
commercial or manufacturing | 26 | | purposes or
in areas for which a special use has been |
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| 1 | | approved by the local zoning
authority. However, no license | 2 | | to conduct inter-track wagering and simulcast
wagering | 3 | | shall be
granted by the Board with respect to any | 4 | | inter-track wagering location
within the jurisdiction of | 5 | | any local zoning authority which has, by
ordinance or by | 6 | | resolution, prohibited the establishment of an inter-track
| 7 | | wagering location within its jurisdiction. However, | 8 | | inter-track wagering
and simulcast wagering may be | 9 | | conducted at a site if such ordinance or
resolution is | 10 | | enacted after
the Board licenses the original inter-track | 11 | | wagering location
licensee for the site in question.
| 12 | | (9) (Blank).
| 13 | | (10) An inter-track wagering licensee or an | 14 | | inter-track wagering
location licensee may retain, subject | 15 | | to the
payment of the privilege taxes and the purses, an | 16 | | amount not to
exceed 17% of all money wagered. Each program | 17 | | of racing conducted by
each inter-track wagering licensee | 18 | | or inter-track wagering location
licensee shall be | 19 | | considered a separate racing day for the purpose of
| 20 | | determining the daily handle and computing the privilege | 21 | | tax or pari-mutuel
tax on such daily
handle as provided in | 22 | | Section 27.
| 23 | | (10.1) Except as provided in subsection (g) of Section | 24 | | 27 of this Act,
inter-track wagering location licensees | 25 | | shall pay 1% of the
pari-mutuel handle at each location to | 26 | | the municipality in which such
location is situated and 1% |
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| 1 | | of the pari-mutuel handle at each location to
the county in | 2 | | which such location is situated. In the event that an
| 3 | | inter-track wagering location licensee is situated in an | 4 | | unincorporated
area of a county, such licensee shall pay 2% | 5 | | of the pari-mutuel handle from
such location to such | 6 | | county.
| 7 | | (10.2) Notwithstanding any other provision of this | 8 | | Act, with respect to
intertrack wagering at a race track | 9 | | located in a
county that has a population of
more than | 10 | | 230,000 and that is bounded by the Mississippi River ("the | 11 | | first race
track"), or at a facility operated by an | 12 | | inter-track wagering licensee or
inter-track wagering | 13 | | location licensee that derives its license from the
| 14 | | organization licensee that operates the first race track, | 15 | | on races conducted at
the first race track or on races | 16 | | conducted at another Illinois race track
and | 17 | | simultaneously televised to the first race track or to a | 18 | | facility operated
by an inter-track wagering licensee or | 19 | | inter-track wagering location licensee
that derives its | 20 | | license from the organization licensee that operates the | 21 | | first
race track, those moneys shall be allocated as | 22 | | follows:
| 23 | | (A) That portion of all moneys wagered on | 24 | | standardbred racing that is
required under this Act to | 25 | | be paid to purses shall be paid to purses for
| 26 | | standardbred races.
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| 1 | | (B) That portion of all moneys wagered on | 2 | | thoroughbred racing
that is required under this Act to | 3 | | be paid to purses shall be paid to purses
for | 4 | | thoroughbred races.
| 5 | | (11) (A) After payment of the privilege or pari-mutuel | 6 | | tax, any other
applicable
taxes, and
the costs and expenses | 7 | | in connection with the gathering, transmission, and
| 8 | | dissemination of all data necessary to the conduct of | 9 | | inter-track wagering,
the remainder of the monies retained | 10 | | under either Section 26 or Section 26.2
of this Act by the | 11 | | inter-track wagering licensee on inter-track wagering
| 12 | | shall be allocated with 50% to be split between the
2 | 13 | | participating licensees and 50% to purses, except
that an | 14 | | intertrack wagering licensee that derives its
license from | 15 | | a track located in a county with a population in excess of | 16 | | 230,000
and that borders the Mississippi River shall not | 17 | | divide any remaining
retention with the Illinois | 18 | | organization licensee that provides the race or
races, and | 19 | | an intertrack wagering licensee that accepts wagers on | 20 | | races
conducted by an organization licensee that conducts a | 21 | | race meet in a county
with a population in excess of | 22 | | 230,000 and that borders the Mississippi River
shall not | 23 | | divide any remaining retention with that organization | 24 | | licensee.
| 25 | | (B) From the
sums permitted to be retained pursuant to | 26 | | this Act each inter-track wagering
location licensee shall |
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| 1 | | pay (i) the privilege or pari-mutuel tax to the
State; (ii) | 2 | | 4.75% of the
pari-mutuel handle on intertrack wagering at | 3 | | such location on
races as purses, except that
an intertrack | 4 | | wagering location licensee that derives its license from a
| 5 | | track located in a county with a population in excess of | 6 | | 230,000 and that
borders the Mississippi River shall retain | 7 | | all purse moneys for its own purse
account consistent with | 8 | | distribution set forth in this subsection (h), and
| 9 | | intertrack wagering location licensees that accept wagers | 10 | | on races
conducted
by an organization licensee located in a | 11 | | county with a population in excess of
230,000 and that | 12 | | borders the Mississippi River shall distribute all purse
| 13 | | moneys to purses at the operating host track; (iii) until | 14 | | January 1, 2000,
except as
provided in
subsection (g) of | 15 | | Section 27 of this Act, 1% of the
pari-mutuel handle | 16 | | wagered on inter-track wagering and simulcast wagering at
| 17 | | each inter-track wagering
location licensee facility to | 18 | | the Horse Racing Tax Allocation Fund, provided
that, to the | 19 | | extent the total amount collected and distributed to the | 20 | | Horse
Racing Tax Allocation Fund under this subsection (h) | 21 | | during any calendar year
exceeds the amount collected and | 22 | | distributed to the Horse Racing Tax Allocation
Fund during | 23 | | calendar year 1994, that excess amount shall be | 24 | | redistributed (I)
to all inter-track wagering location | 25 | | licensees, based on each licensee's
pro-rata share of the | 26 | | total handle from inter-track wagering and simulcast
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| 1 | | wagering for all inter-track wagering location licensees | 2 | | during the calendar
year in which this provision is | 3 | | applicable; then (II) the amounts redistributed
to each | 4 | | inter-track wagering location licensee as described in | 5 | | subpart (I)
shall be further redistributed as provided in | 6 | | subparagraph (B) of paragraph (5)
of subsection (g) of this | 7 | | Section 26 provided first, that the shares of those
| 8 | | amounts, which are to be redistributed to the host track or | 9 | | to purses at the
host track under subparagraph (B) of | 10 | | paragraph (5) of subsection (g) of this
Section 26 shall be
| 11 | | redistributed based on each host track's pro rata share of | 12 | | the total
inter-track
wagering and simulcast wagering | 13 | | handle at all host tracks during the calendar
year in | 14 | | question, and second, that any amounts redistributed as | 15 | | described in
part (I) to an inter-track wagering location | 16 | | licensee that accepts
wagers on races conducted by an | 17 | | organization licensee that conducts a race meet
in a county | 18 | | with a population in excess of 230,000 and that borders the
| 19 | | Mississippi River shall be further redistributed as | 20 | | provided in subparagraphs
(D) and (E) of paragraph (7) of | 21 | | subsection (g) of this Section 26, with the
portion of that
| 22 | | further redistribution allocated to purses at that | 23 | | organization licensee to be
divided between standardbred | 24 | | purses and thoroughbred purses based on the
amounts | 25 | | otherwise allocated to purses at that organization | 26 | | licensee during the
calendar year in question; and (iv) 8% |
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| 1 | | of the pari-mutuel handle on
inter-track wagering wagered | 2 | | at
such location to satisfy all costs and expenses of | 3 | | conducting its wagering. Until January 1, 2016 or the | 4 | | effective date of this amendatory Act of the 99th General | 5 | | Assembly, whichever is later, the The
remainder of the | 6 | | monies retained by the inter-track wagering location | 7 | | licensee
shall be allocated 40% to the location licensee | 8 | | and 60% to the organization
licensee which provides the | 9 | | Illinois races to the location, except that an
intertrack | 10 | | wagering location
licensee that derives its license from a | 11 | | track located in a county with a
population in excess of | 12 | | 230,000 and that borders the Mississippi River shall
not | 13 | | divide any remaining retention with the organization | 14 | | licensee that provides
the race or races and an intertrack | 15 | | wagering location licensee that accepts
wagers on races | 16 | | conducted by an organization licensee that conducts a race | 17 | | meet
in a county with a population in excess of 230,000 and | 18 | | that borders the
Mississippi River shall not divide any | 19 | | remaining retention with the
organization licensee. On and | 20 | | after January 1, 2016 or the effective date of this | 21 | | amendatory Act of the 99th General Assembly, whichever is | 22 | | later, the remainder of the monies retained by the | 23 | | inter-track wagering location licensee shall be allocated | 24 | | 100% to the location licensee.
Notwithstanding the | 25 | | provisions of clauses (ii) and (iv) of this
paragraph, in | 26 | | the case of the additional inter-track wagering location |
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| 1 | | licenses
authorized under paragraph (1) of this subsection | 2 | | (h) by this amendatory
Act of 1991, those licensees shall | 3 | | pay the following amounts as purses:
during the first 12 | 4 | | months the licensee is in operation, 5.25% of
the
| 5 | | pari-mutuel handle wagered at the location on races; during | 6 | | the second 12
months, 5.25%; during the third 12 months, | 7 | | 5.75%;
during
the fourth 12 months,
6.25%; and during the | 8 | | fifth 12 months and thereafter, 6.75%. The
following | 9 | | amounts shall be retained by the licensee to satisfy all | 10 | | costs
and expenses of conducting its wagering: during the | 11 | | first 12 months the
licensee is in operation, 8.25% of the | 12 | | pari-mutuel handle wagered
at the
location; during the | 13 | | second 12 months, 8.25%; during the third 12
months, 7.75%;
| 14 | | during the fourth 12 months, 7.25%; and during the fifth 12 | 15 | | months
and
thereafter, 6.75%.
For additional intertrack | 16 | | wagering location licensees authorized under this
| 17 | | amendatory
Act of 1995, purses for the first 12 months the | 18 | | licensee is in operation shall
be 5.75% of the pari-mutuel | 19 | | wagered
at the location, purses for the second 12 months | 20 | | the licensee is in operation
shall be 6.25%, and purses
| 21 | | thereafter shall be 6.75%. For additional intertrack | 22 | | location
licensees
authorized under
this amendatory Act of | 23 | | 1995, the licensee shall be allowed to retain to satisfy
| 24 | | all costs and expenses: 7.75% of the pari-mutuel handle | 25 | | wagered at
the location
during its first 12 months of | 26 | | operation, 7.25% during its second
12
months of
operation, |
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| 1 | | and 6.75% thereafter.
| 2 | | (C) There is hereby created the Horse Racing Tax | 3 | | Allocation Fund
which shall remain in existence until | 4 | | December 31, 1999. Moneys
remaining in the Fund after | 5 | | December 31, 1999
shall be paid into the
General Revenue | 6 | | Fund. Until January 1, 2000,
all monies paid into the Horse | 7 | | Racing Tax Allocation Fund pursuant to this
paragraph (11) | 8 | | by inter-track wagering location licensees located in park
| 9 | | districts of 500,000 population or less, or in a | 10 | | municipality that is not
included within any park district | 11 | | but is included within a conservation
district and is the | 12 | | county seat of a county that (i) is contiguous to the state
| 13 | | of Indiana and (ii) has a 1990 population of 88,257 | 14 | | according to the United
States Bureau of the Census, and | 15 | | operating on May 1, 1994 shall be
allocated by | 16 | | appropriation as follows:
| 17 | | Two-sevenths to the Department of Agriculture. | 18 | | Fifty percent of
this two-sevenths shall be used to | 19 | | promote the Illinois horse racing and
breeding | 20 | | industry, and shall be distributed by the Department of | 21 | | Agriculture
upon the advice of a 9-member committee | 22 | | appointed by the Governor consisting of
the following | 23 | | members: the Director of Agriculture, who shall serve | 24 | | as
chairman; 2 representatives of organization | 25 | | licensees conducting thoroughbred
race meetings in | 26 | | this State, recommended by those licensees; 2 |
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| 1 | | representatives
of organization licensees conducting | 2 | | standardbred race meetings in this State,
recommended | 3 | | by those licensees; a representative of the Illinois
| 4 | | Thoroughbred Breeders and Owners Foundation, | 5 | | recommended by that
Foundation; a representative of | 6 | | the Illinois Standardbred Owners and
Breeders | 7 | | Association, recommended
by that Association; a | 8 | | representative of
the Horsemen's Benevolent and | 9 | | Protective Association or any successor
organization | 10 | | thereto established in Illinois comprised of the | 11 | | largest number of
owners and trainers, recommended by | 12 | | that
Association or that successor organization; and a
| 13 | | representative of the Illinois Harness Horsemen's
| 14 | | Association, recommended by that Association. | 15 | | Committee members shall
serve for terms of 2 years, | 16 | | commencing January 1 of each even-numbered
year. If a | 17 | | representative of any of the above-named entities has | 18 | | not been
recommended by January 1 of any even-numbered | 19 | | year, the Governor shall
appoint a committee member to | 20 | | fill that position. Committee members shall
receive no | 21 | | compensation for their services as members but shall be
| 22 | | reimbursed for all actual and necessary expenses and | 23 | | disbursements incurred
in the performance of their | 24 | | official duties. The remaining 50% of this
| 25 | | two-sevenths shall be distributed to county fairs for | 26 | | premiums and
rehabilitation as set forth in the |
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| 1 | | Agricultural Fair Act;
| 2 | | Four-sevenths to park districts or municipalities | 3 | | that do not have a
park district of 500,000 population | 4 | | or less for museum purposes (if an
inter-track wagering | 5 | | location licensee is located in such a park district) | 6 | | or
to conservation districts for museum purposes (if an | 7 | | inter-track wagering
location licensee is located in a | 8 | | municipality that is not included within any
park | 9 | | district but is included within a conservation | 10 | | district and is the county
seat of a county that (i) is | 11 | | contiguous to the state of Indiana and (ii) has a
1990 | 12 | | population of 88,257 according to the United States | 13 | | Bureau of the Census,
except that if the conservation | 14 | | district does not maintain a museum, the monies
shall | 15 | | be allocated equally between the county and the | 16 | | municipality in which the
inter-track wagering | 17 | | location licensee is located for general purposes) or | 18 | | to a
municipal recreation board for park purposes (if | 19 | | an inter-track wagering
location licensee is located | 20 | | in a municipality that is not included within any
park | 21 | | district and park maintenance is the function of the | 22 | | municipal recreation
board and the municipality has a | 23 | | 1990 population of 9,302 according to the
United States | 24 | | Bureau of the Census); provided that the monies are | 25 | | distributed
to each park district or conservation | 26 | | district or municipality that does not
have a park |
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| 1 | | district in an amount equal to four-sevenths of the | 2 | | amount
collected by each inter-track wagering location | 3 | | licensee within the park
district or conservation | 4 | | district or municipality for the Fund. Monies that
were | 5 | | paid into the Horse Racing Tax Allocation Fund before | 6 | | the effective date
of this amendatory Act of 1991 by an | 7 | | inter-track wagering location licensee
located in a | 8 | | municipality that is not included within any park | 9 | | district but is
included within a conservation | 10 | | district as provided in this paragraph shall, as
soon | 11 | | as practicable after the effective date of this | 12 | | amendatory Act of 1991, be
allocated and paid to that | 13 | | conservation district as provided in this paragraph.
| 14 | | Any park district or municipality not maintaining a | 15 | | museum may deposit the
monies in the corporate fund of | 16 | | the park district or municipality where the
| 17 | | inter-track wagering location is located, to be used | 18 | | for general purposes;
and
| 19 | | One-seventh to the Agricultural Premium Fund to be | 20 | | used for distribution
to agricultural home economics | 21 | | extension councils in accordance with "An
Act in | 22 | | relation to additional support and finances for the | 23 | | Agricultural and
Home Economic Extension Councils in | 24 | | the several counties of this State and
making an | 25 | | appropriation therefor", approved July 24, 1967.
| 26 | | Until January 1, 2000, all other
monies paid into the |
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| 1 | | Horse Racing Tax
Allocation Fund pursuant to
this paragraph | 2 | | (11) shall be allocated by appropriation as follows:
| 3 | | Two-sevenths to the Department of Agriculture. | 4 | | Fifty percent of this
two-sevenths shall be used to | 5 | | promote the Illinois horse racing and breeding
| 6 | | industry, and shall be distributed by the Department of | 7 | | Agriculture upon the
advice of a 9-member committee | 8 | | appointed by the Governor consisting of the
following | 9 | | members: the Director of Agriculture, who shall serve | 10 | | as chairman; 2
representatives of organization | 11 | | licensees conducting thoroughbred race meetings
in | 12 | | this State, recommended by those licensees; 2 | 13 | | representatives of
organization licensees conducting | 14 | | standardbred race meetings in this State,
recommended | 15 | | by those licensees; a representative of the Illinois | 16 | | Thoroughbred
Breeders and Owners Foundation, | 17 | | recommended by that Foundation; a
representative of | 18 | | the Illinois Standardbred Owners and Breeders | 19 | | Association,
recommended by that Association; a | 20 | | representative of the Horsemen's Benevolent
and | 21 | | Protective Association or any successor organization | 22 | | thereto established
in Illinois comprised of the | 23 | | largest number of owners and trainers,
recommended by | 24 | | that Association or that successor organization; and a
| 25 | | representative of the Illinois Harness Horsemen's | 26 | | Association, recommended by
that Association. |
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| 1 | | Committee members shall serve for terms of 2 years,
| 2 | | commencing January 1 of each even-numbered year. If a | 3 | | representative of any of
the above-named entities has | 4 | | not been recommended by January 1 of any
even-numbered | 5 | | year, the Governor shall appoint a committee member to | 6 | | fill that
position. Committee members shall receive no | 7 | | compensation for their services
as members but shall be | 8 | | reimbursed for all actual and necessary expenses and
| 9 | | disbursements incurred in the performance of their | 10 | | official duties. The
remaining 50% of this | 11 | | two-sevenths shall be distributed to county fairs for
| 12 | | premiums and rehabilitation as set forth in the | 13 | | Agricultural Fair Act;
| 14 | | Four-sevenths to museums and aquariums located in | 15 | | park districts of over
500,000 population; provided | 16 | | that the monies are distributed in accordance with
the | 17 | | previous year's distribution of the maintenance tax | 18 | | for such museums and
aquariums as provided in Section 2 | 19 | | of the Park District Aquarium and Museum
Act; and
| 20 | | One-seventh to the Agricultural Premium Fund to be | 21 | | used for distribution
to agricultural home economics | 22 | | extension councils in accordance with "An Act
in | 23 | | relation to additional support and finances for the | 24 | | Agricultural and
Home Economic Extension Councils in | 25 | | the several counties of this State and
making an | 26 | | appropriation therefor", approved July 24, 1967.
This |
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| 1 | | subparagraph (C) shall be inoperative and of no force | 2 | | and effect on and
after January 1, 2000.
| 3 | | (D) Until January 1, 2016 or the effective date of | 4 | | this amendatory Act of the 99th General Assembly, | 5 | | whichever is later, except Except as provided in | 6 | | paragraph (11) of this subsection (h),
with respect to | 7 | | purse allocation from intertrack wagering, the monies | 8 | | so
retained shall be divided as follows:
| 9 | | (i) If the inter-track wagering licensee, | 10 | | except an intertrack
wagering licensee that | 11 | | derives its license from an organization
licensee | 12 | | located in a county with a population in excess of | 13 | | 230,000 and bounded
by the Mississippi River, is | 14 | | not conducting its own
race meeting during the same | 15 | | dates, then the entire purse allocation shall be
to | 16 | | purses at the track where the races wagered on are | 17 | | being conducted.
| 18 | | (ii) If the inter-track wagering licensee, | 19 | | except an intertrack
wagering licensee that | 20 | | derives its license from an organization
licensee | 21 | | located in a county with a population in excess of | 22 | | 230,000 and bounded
by the Mississippi River, is | 23 | | also
conducting its own
race meeting during the | 24 | | same dates, then the purse allocation shall be as
| 25 | | follows: 50% to purses at the track where the races | 26 | | wagered on are
being conducted; 50% to purses at |
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| 1 | | the track where the inter-track
wagering licensee | 2 | | is accepting such wagers.
| 3 | | (iii) If the inter-track wagering is being | 4 | | conducted by an inter-track
wagering location | 5 | | licensee, except an intertrack wagering location | 6 | | licensee
that derives its license from an | 7 | | organization licensee located in a
county with a | 8 | | population in excess of 230,000 and bounded by the | 9 | | Mississippi
River, the entire purse allocation for | 10 | | Illinois races shall
be to purses at the track | 11 | | where the race meeting being wagered on is being
| 12 | | held.
| 13 | | On and after January 1, 2016 or the effective date | 14 | | of this amendatory Act of the 99th General Assembly, | 15 | | whichever is later, except as provided in paragraph | 16 | | (11) of this subsection (h),
with respect to purse | 17 | | allocation from inter-track wagering, the entire purse | 18 | | allocation shall be to the purse accounts that are | 19 | | affiliated with the organization licensee from which | 20 | | the inter-track wagering location licensee derives its | 21 | | license. | 22 | | (12) The Board shall have all powers necessary and | 23 | | proper to fully
supervise and control the conduct of
| 24 | | inter-track wagering and simulcast
wagering by inter-track | 25 | | wagering licensees and inter-track wagering location
| 26 | | licensees, including, but not
limited to the following:
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| 1 | | (A) The Board is vested with power to promulgate | 2 | | reasonable rules and
regulations for the purpose of | 3 | | administering the
conduct of this
wagering and to | 4 | | prescribe reasonable rules, regulations and conditions | 5 | | under
which such wagering shall be held and conducted. | 6 | | Such rules and regulations
are to provide for the | 7 | | prevention of practices detrimental to the public
| 8 | | interest and for
the best interests of said wagering | 9 | | and to impose penalties
for violations thereof.
| 10 | | (B) The Board, and any person or persons to whom it | 11 | | delegates this
power, is vested with the power to enter | 12 | | the
facilities of any licensee to determine whether | 13 | | there has been
compliance with the provisions of this | 14 | | Act and the rules and regulations
relating to the | 15 | | conduct of such wagering.
| 16 | | (C) The Board, and any person or persons to whom it | 17 | | delegates this
power, may eject or exclude from any | 18 | | licensee's facilities, any person whose
conduct or | 19 | | reputation
is such that his presence on such premises | 20 | | may, in the opinion of the Board,
call into the | 21 | | question the honesty and integrity of, or interfere | 22 | | with the
orderly conduct of such wagering; provided, | 23 | | however, that no person shall
be excluded or ejected | 24 | | from such premises solely on the grounds of race,
| 25 | | color, creed, national origin, ancestry, or sex.
| 26 | | (D) (Blank).
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| 1 | | (E) The Board is vested with the power to appoint | 2 | | delegates to execute
any of the powers granted to it | 3 | | under this Section for the purpose of
administering | 4 | | this wagering and any
rules and
regulations
| 5 | | promulgated in accordance with this Act.
| 6 | | (F) The Board shall name and appoint a State | 7 | | director of this wagering
who shall be a representative | 8 | | of the Board and whose
duty it shall
be to supervise | 9 | | the conduct of inter-track wagering as may be provided | 10 | | for
by the rules and regulations of the Board; such | 11 | | rules and regulation shall
specify the method of | 12 | | appointment and the Director's powers, authority and
| 13 | | duties.
| 14 | | (G) The Board is vested with the power to impose | 15 | | civil penalties of up
to $5,000 against individuals and | 16 | | up to $10,000 against
licensees for each violation of | 17 | | any provision of
this Act relating to the conduct of | 18 | | this wagering, any
rules adopted
by the Board, any | 19 | | order of the Board or any other action which in the | 20 | | Board's
discretion, is a detriment or impediment to | 21 | | such wagering.
| 22 | | (13) The Department of Agriculture may enter into | 23 | | agreements with
licensees authorizing such licensees to | 24 | | conduct inter-track
wagering on races to be held at the | 25 | | licensed race meetings conducted by the
Department of | 26 | | Agriculture. Such
agreement shall specify the races of the |
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| 1 | | Department of Agriculture's
licensed race meeting upon | 2 | | which the licensees will conduct wagering. In the
event | 3 | | that a licensee
conducts inter-track pari-mutuel wagering | 4 | | on races from the Illinois State Fair
or DuQuoin State Fair | 5 | | which are in addition to the licensee's previously
approved | 6 | | racing program, those races shall be considered a separate | 7 | | racing day
for the
purpose of determining the daily handle | 8 | | and computing the privilege or
pari-mutuel tax on
that | 9 | | daily handle as provided in Sections 27
and 27.1. Such
| 10 | | agreements shall be approved by the Board before such | 11 | | wagering may be
conducted. In determining whether to grant | 12 | | approval, the Board shall give
due consideration to the | 13 | | best interests of the public and of horse racing.
The | 14 | | provisions of paragraphs (1), (8), (8.1), and (8.2) of
| 15 | | subsection (h) of this
Section which are not specified in | 16 | | this paragraph (13) shall not apply to
licensed race | 17 | | meetings conducted by the Department of Agriculture at the
| 18 | | Illinois State Fair in Sangamon County or the DuQuoin State | 19 | | Fair in Perry
County, or to any wagering conducted on
those | 20 | | race meetings.
| 21 | | (i) Notwithstanding the other provisions of this Act, the | 22 | | conduct of
wagering at wagering facilities is authorized on all | 23 | | days, except as limited by
subsection (b) of Section 19 of this | 24 | | Act.
| 25 | | (Source: P.A. 97-1060, eff. 8-24-12; 98-18, eff. 6-7-13; | 26 | | 98-624, eff. 1-29-14; 98-968, eff. 8-15-14.)
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| 1 | | (230 ILCS 5/26.4) (from Ch. 8, par. 37-26.4)
| 2 | | Sec. 26.4.
In addition to the amount retained pursuant to | 3 | | paragraph
(10) of subsection (h) of Section 26,
inter-track | 4 | | wagering location licensees shall retain an additional amount
| 5 | | equal to 2.5% of each winning wager and winnings from wagers, | 6 | | from
which they shall pay the tax
specified in paragraph (10.1) | 7 | | of subsection (h) of Section 26.
| 8 | | With respect to wagers on all races associated with a | 9 | | simulcast program from
a host track, each inter-track wagering | 10 | | location licensee that conducts wagers
on these races may | 11 | | impose a surcharge of up to .5% on each winning wager and
| 12 | | winnings from each such wager during the period of July 1, | 13 | | 1995, to December
31, 1995; provided amounts derived from this | 14 | | surcharge, if imposed, shall not
be paid to or allocated to | 15 | | purses.
| 16 | | (Source: P.A. 89-16, eff. 5-30-95.)
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.".
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