(230 ILCS 5/1) (from Ch. 8, par. 37-1)
Sec. 1.
This Act shall be known and may be cited as
the "Illinois Horse Racing Act of 1975".
(Source: P.A. 79-1185.)
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(230 ILCS 5/1.2)
Sec. 1.2. Legislative intent. This Act is intended to benefit the people of the State of Illinois by
encouraging the breeding and production of race horses, assisting economic
development and promoting Illinois tourism.
The General Assembly finds and declares it to be the public policy
of the State
of Illinois to:
(a) support and enhance Illinois' horse racing | ||
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(b) ensure that Illinois' horse racing industry | ||
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(c) stimulate growth within Illinois' horse racing | ||
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(d) promote the further growth of tourism;
(e) encourage the breeding of thoroughbred and | ||
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(f) ensure that public confidence and trust in the | ||
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(Source: P.A. 101-31, eff. 6-28-19.)
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(230 ILCS 5/1.3)
Sec. 1.3. Legislative findings.
(a) The General Assembly finds that the Illinois gaming industry is a single
industry consisting of horse racing and riverboat gambling. Reports issued by
the Economic and Fiscal Commission (now Commission on Government Forecasting and Accountability) in 1992, 1994, and 1998 have
found that horse racing and riverboat gambling:
(1) "share many of the same characteristics" and are | ||
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(2) are planned events;
(3) have similar odds of winning;
(4) occur in similar settings; and
(5) compete with each other for limited gaming | ||
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(b) The General Assembly declares it to be the public policy of this State
to ensure the viability of both horse racing and riverboat aspects of the
Illinois gaming industry.
(Source: P.A. 95-331, eff. 8-21-07.)
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(230 ILCS 5/2) (from Ch. 8, par. 37-2)
Sec. 2.
There is hereby created and established an
Illinois Racing Board which shall have the powers and duties specified
in this Act, and also the powers necessary and proper to enable it to
fully and effectively execute all the provisions and purposes of this Act.
The jurisdiction, supervision, powers, and duties of the Board shall
extend under this Act to every person who holds or conducts any meeting within
the State of Illinois
where horse racing is permitted for any stake, purse or reward.
(Source: P.A. 89-16, eff. 5-30-95.)
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(230 ILCS 5/2.1)
Sec. 2.1. (Repealed).
(Source: P.A. 84-1468. Repealed by P.A. 101-31, eff. 6-28-19.)
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(230 ILCS 5/2.5)
Sec. 2.5. Separation from Department of Revenue. On the effective date of this amendatory Act of the 96th General Assembly, all of the powers, duties, assets, liabilities, employees, contracts, property, records, pending business, and unexpended appropriations of the Department of Revenue related to the administration and enforcement of this Act are transferred to the Illinois Racing Board. The status and rights of the transferred employees, and the rights of the State of Illinois and its agencies, under the Personnel Code and applicable collective bargaining agreements or under any pension, retirement, or annuity plan are not affected (except as provided in the Illinois Pension Code) by that transfer or by any other provision of this amendatory Act of the 96th General Assembly.
(Source: P.A. 96-796, eff. 10-29-09.) |
(230 ILCS 5/3) (from Ch. 8, par. 37-3)
Sec. 3.
As used in this Act, except where the context otherwise
requires, the terms defined in Section 3.01 through 3.23 have the
meanings ascribed to
them in those Sections.
(Source: P.A. 89-16, eff. 5-30-95.)
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(230 ILCS 5/3.01) (from Ch. 8, par. 37-3.01)
Sec. 3.01.
"Board" means the Illinois Racing Board.
(Source: P.A. 79-1185.)
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(230 ILCS 5/3.02) (from Ch. 8, par. 37-3.02)
Sec. 3.02.
"Breakage" means the odd cents by which
the amount payable on each dollar wagered exceeds a multiple of 10¢.
(Source: P.A. 79-1185.)
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(230 ILCS 5/3.04) (from Ch. 8, par. 37-3.04)
Sec. 3.04.
"Director of mutuels" means the individual
representing the Board in the supervision and verification of the pari-mutuel
wagering pool totals
for each racing day, which verification shall be the basis for
computing State privilege or pari-mutuel taxes, licensee commissions and
purses.
(Source: P.A. 91-40, eff. 6-25-99.)
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(230 ILCS 5/3.05) (from Ch. 8, par. 37-3.05)
Sec. 3.05.
"Family" means husband, wife, brother, or sister, parents, and
children.
(Source: P.A. 89-16, eff. 5-30-95.)
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(230 ILCS 5/3.06) (from Ch. 8, par. 37-3.06)
Sec. 3.06.
"Horse racing" shall mean any type of horse
racing, including, but not limited to, Arabian, Appaloosa, Harness, Quarter Horse, and
Thoroughbred horse racing.
(a) "Arabian horse racing" means the form of horse racing in which
each participating horse is an Arabian horse (including mare, gelding, colt, and
filly), registered as such with and meeting the requirements of
the Arabian Horse Club Registry of America and approved by
the Arabian Horse Racing Association of America, mounted by a jockey and engaged in
races on the flat over a distance of not less than 1/4 of a mile nor more
than 4 miles.
(b) "Appaloosa horse racing" means the form of horse racing in
which each participating horse is an Appaloosa horse (including mare, gelding,
colt, and
filly), registered as such with and meeting the requirements of and
approved by the Appaloosa Horse Club, mounted by a jockey and engaged
in races on the flat over a distance of not less than 1/4 of a mile nor more than
4 miles.
(c) "Harness horse racing" means the form of horse racing in
which each participating horse is a Harness (also termed Standardbred) horse,
registered as such with and meeting the requirements of and approved by the
United States Trotting Association, and harnessed to a sulky, carriage or
similar vehicle. Harness horse racing shall not include any form of
horse racing where the horses are mounted by jockeys.
(d) "Quarter Horse racing" means the form of horse racing
where each participating horse is a Quarter Horse, registered as such with and meeting
the requirements of and approved by the American Quarter Horse Association,
mounted by a jockey and engaged in a race over a distance less than 1/2 of a mile.
(e) "Thoroughbred horse racing" means the form of horse racing in
which each participating horse is a Thoroughbred horse, registered as
such with and meeting the requirements of and approved by the Jockey Club of New
York (including racing permits issued to foreign Thoroughbred horses), mounted by
a jockey and engaged in races on the flat. Thoroughbred horse racing shall
include a steeplechase or hurdle race.
(Source: P.A. 82-96.)
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(230 ILCS 5/3.07) (from Ch. 8, par. 37-3.07)
Sec. 3.07.
"Horse race meeting" or "race meeting" or "meeting"
shall mean the whole period of time, whether consecutive dates or those
instances where
nonconsecutive dates are granted, for which an organization license to race
has been granted to any one organization licensee by the Board.
(Source: P.A. 89-16. eff. 5-30-95.)
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(230 ILCS 5/3.071) (from Ch. 8, par. 37-3.071)
Sec. 3.071. Inter-track wagering. "Inter-track Wagering" means a legal wager on the outcome of a
simultaneously televised
horse race taking place at an Illinois race track placed or accepted at any
location authorized to accept wagers under this Act, excluding the Illinois
race track at which that horse race is being conducted and excluding advance deposit wagering through an advance deposit wagering licensee.
(Source: P.A. 96-762, eff. 8-25-09.)
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(230 ILCS 5/3.072) (from Ch. 8, par. 37-3.072)
Sec. 3.072.
"Inter-track wagering licensee" means any organization
licensee receiving a license from the Board to conduct inter-track wagering
at the organization licensee's race track, or a facility within
300 yards of the organization licensee's race track.
(Source: P.A. 89-16, eff. 5-30-95.)
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(230 ILCS 5/3.073) (from Ch. 8, par. 37-3.073)
Sec. 3.073.
"Inter-track wagering location licensee" means any
organization licensee or person having operating control of a racing
facility at which pari-mutuel wagering is conducted, receiving a license
from the Board as provided in Section 3.072 of this Act to
conduct inter-track wagering at a location or locations in addition to those
permitted under Section 3.072 of this Act.
(Source: P.A. 89-16, eff. 5-30-95.)
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(230 ILCS 5/3.074)
Sec. 3.074.
"Simulcast wagering" means a legal wager placed or accepted at
any location within Illinois
authorized to accept wagers under this Act with respect to the outcome of a
simultaneously televised horse race taking place at a race track outside of
Illinois.
(Source: P.A. 89-16, eff. 5-30-95.)
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(230 ILCS 5/3.075)
Sec. 3.075.
(a) "Host track" means the organization licensee (i)
conducting live thoroughbred racing between the hours of 6:30 a.m. and 6:30
p.m. from the first day to the last day of its horse racing meet as awarded by
the Board (including all days within that period when no live racing occurs),
except as otherwise provided in subsections (c) and (e) of this Section, or
(ii) conducting live standardbred racing between the hours of 6:30 p.m. to 6:30
a.m. of the following day from the first day to the last day of its horse
racing meet as awarded by the Board (including all days within that period when
no live racing occurs, except as otherwise provided in subsections (b), (d),
and (e) of this Section); provided that the organization licensee conducts live
racing no fewer
than 5 days per week with no fewer than 9 races per
day, unless
a lesser schedule of live racing is the result of (1)
weather, unsafe track conditions, or other acts of God; (2) an agreement
between the organization licensee and the associations representing the largest
number of owners, trainers, and standardbred drivers who race horses at that
organization licensee's race meeting, with
the Board's consent; or (3) a decision by the Board after a public hearing (in
which the associations representing the owners, trainers, jockeys, or
standardbred drivers who race
horses at that organization licensee's race meeting shall participate) either
at the time racing dates are awarded or after those dates are awarded due to
changed financial
circumstances, upon a written petition from the organization licensee,
accompanied by supporting financial data as requested by the Board, stating
that the organization licensee has and will continue to incur significant
financial losses. No organization licensee conducting its race meeting in a
county bordering the Mississippi River and having a population greater than
230,000 may be a host track for its race meeting.
(b) (Blank).
(c) (Blank).
(d) Notwithstanding the provisions of subsection (a) of this Section and
except as otherwise provided in subsection (e) of this Section, in the
event that 2 organization licensees conduct their standardbred race meetings
concurrently on any date after January 1, 1996, between the hours of 6:30
p.m. and 6:30 a.m., the organization licensee awarded the most racing dates
between 6:30 p.m. and 6:30 a.m. during the calendar year in which that
concurrent racing occurs will be deemed the host track, provided that the 2
organization licensees collectively conduct live standardbred racing between
6:30 p.m. and 6:30 a.m. during the week in which concurrent race meetings occur
no less than 5 days per week with no less than 9 races per day. During each
week of the calendar year in which 2 organization licensees are conducting live
standardbred race meetings between 6:30 p.m. and 6:30 a.m., if there is
any day in that week on which only one organization licensee is conducting a
standardbred race meeting between 6:30 p.m. and 6:30 a.m., that organization
licensee shall be the host track provided that the 2 organization licensees
collectively conduct live standardbred racing between 6:30 p.m. and 6:30 a.m.
during the week in which concurrent race meetings occur no less than 5 days per
week with no less than 9 races per day. During each week of the calendar year
in which 2 organization licensees are concurrently conducting live standardbred
race meetings on one or more days between 6:30 p.m. and 6:30 a.m., if there is
any day in that week on which no organization licensee is conducting a
standardbred race meeting between 6:30 p.m. and 6:30 a.m., the organization
licensee conducting a standardbred race meeting during that week and time
period that has been awarded the most racing dates during the calendar year
between 6:30 p.m. and 6:30 a.m. shall be the host track,
provided that the 2 organization licensees collectively conduct live
standardbred racing between 6:30 p.m. and 6:30 a.m. during the week in which
concurrent race meetings occur no less than 5 days per week with no less than 9
races per day. The requirement in this subsection (d) that live racing be
conducted no less than 5 days per week with no less than 9 races per day shall
be subject to exceptions set forth in items (1), (2), and (3) of subsection (a)
of Section 3.075.
(e) During any calendar period in which no organization licensee has been
awarded
a thoroughbred race meeting, the host track, between the hours of 6:30 a.m. and
6:30 p.m. of such period, shall be an organization licensee determined by the
Board, provided the organization licensee has been awarded a thoroughbred race
meeting in the current year and is eligible to be a host track.
(Source: P.A. 91-40, eff. 6-25-99.)
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(230 ILCS 5/3.076)
Sec. 3.076.
"Interstate commission fee" means the fee or commission paid
by an Illinois licensee to receive an interstate simulcast.
(Source: P.A. 89-16, eff. 5-30-95.)
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(230 ILCS 5/3.077)
Sec. 3.077. Non-host licensee. "Non-host licensee" means a licensee operating concurrently
with a host track, but does not include an advance deposit wagering licensee.
(Source: P.A. 96-762, eff. 8-25-09.)
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(230 ILCS 5/3.078)
Sec. 3.078.
"Supplemental interstate simulcast" means an interstate
simulcast race or race programs received by a non-host licensee in addition to
simulcasts received from a host track.
(Source: P.A. 89-16, eff. 5-30-95.)
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(230 ILCS 5/3.079)
Sec. 3.079.
"Affiliated non-host licensee" means a non-host licensee
owned by the same organization licensee.
(Source: P.A. 89-16, eff. 5-30-95.)
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(230 ILCS 5/3.080)
Sec. 3.080.
"Simulcast program" means the program of simultaneously
televised horse races, including (i) the signal of any out-of-state horse race
selected by the host track subject to the disapproval of the Board, (ii) the
signals of live racing of all organization licensees, which must be included by
the host track; and (iii) the signal of live racing at the DuQuoin and
Springfield State fairs, if mandated by the Board.
(Source: P.A. 89-16, eff. 5-30-95.)
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(230 ILCS 5/3.08) (from Ch. 8, par. 37-3.08)
Sec. 3.08.
"Minor" means any individual under the
age of 18 years.
(Source: P.A. 93-363, eff. 1-1-04.)
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(230 ILCS 5/3.09) (from Ch. 8, par. 37-3.09)
Sec. 3.09.
"Occupation Licensee" means any person who has obtained an occupation
license pursuant to Section 15.
(Source: P.A. 79-1185.)
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(230 ILCS 5/3.10) (from Ch. 8, par. 37-3.10)
Sec. 3.10.
(Repealed).
(Source: Repealed by P.A. 89-16, eff. 5-30-95.)
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(230 ILCS 5/3.11) (from Ch. 8, par. 37-3.11)
Sec. 3.11.
"Organization licensee" means any person receiving
an organization license from the Board to conduct a race meeting or meetings. With respect only to organization gaming, "organization licensee" includes the authorization for an organization gaming license under subsection (a) of Section 56 of this Act.
(Source: P.A. 101-31, eff. 6-28-19.)
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(230 ILCS 5/3.12) (from Ch. 8, par. 37-3.12)
Sec. 3.12. Pari-mutuel system of
wagering.
"Pari-mutuel system of
wagering" means a form of wagering on the outcome of
horse races in which
wagers are made in various
denominations on a horse or horses
and
all wagers for each race are pooled and held by a licensee
for distribution in a manner approved by the Board. "Pari-mutuel system of wagering" shall not include wagering on historic races. Wagers may be placed via any method or at any location authorized under this Act.
(Source: P.A. 101-31, eff. 6-28-19.)
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(230 ILCS 5/3.13) (from Ch. 8, par. 37-3.13)
Sec. 3.13.
"Pari-mutuel pool" or "mutuel pool" or "pool" means the total
money wagered by patrons and held by a licensee under
the
pari-mutuel system on any horse or horses in a particular race. There is a
separate mutuel pool for win, place and show, and for
each
of the
various forms of betting as defined by the rules and regulations of the
Board. Subject to the prior
consent of the Board, any such pool may be supplemented by a licensee in order
to guarantee a minimum distribution.
(Source: P.A. 89-16, eff. 5-30-95.)
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(230 ILCS 5/3.14) (from Ch. 8, par. 37-3.14)
Sec. 3.14.
"Person" means any individual, partnership, corporation,
or other association or entity, trustee or legal representative.
A corporation which is a wholly owned subsidiary of another licensee
corporation shall be deemed a separate person for purposes of this
Act.
(Source: P.A. 81-1509.)
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(230 ILCS 5/3.15) (from Ch. 8, par. 37-3.15)
Sec. 3.15.
"Public official" means a person who is a public officer, as
defined in
Section 2-18 of the Criminal Code of 2012, of the
State or any municipality, county or township.
(Source: P.A. 97-1150, eff. 1-25-13.)
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(230 ILCS 5/3.16) (from Ch. 8, par. 37-3.16)
Sec. 3.16.
"Racing" means horse racing.
(Source: P.A. 79-1185.)
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(230 ILCS 5/3.17) (from Ch. 8, par. 37-3.17)
Sec. 3.17.
"Racing days" (or dates) are days within a horse race meeting
on which an organization licensee is authorized by the Board to conduct horse
racing.
(Source: P.A. 89-16, eff. 5-30-95.)
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(230 ILCS 5/3.18) (from Ch. 8, par. 37-3.18)
Sec. 3.18.
"Executive Director" means the executive
director of the Illinois Racing Board.
(Source: P.A. 84-531.)
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(230 ILCS 5/3.19) (from Ch. 8, par. 37-3.19)
Sec. 3.19.
"Stewards" means the steward or stewards representing the Board,
the steward or stewards representing the organization licensee, and any other
steward or stewards whose duty it shall be to supervise any horse race meeting as
may be provided for by rules and regulations of the Board; such rules and
regulations shall specify the number of stewards to be appointed,
the method and manner of their appointment, and their powers, authority
and duties. Stewards shall have the power to administer oaths and affirmations.
(Source: P.A. 83-589.)
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(230 ILCS 5/3.20)
Sec. 3.20. Licensee.
"Licensee" means an individual organization licensee, an
inter-track wagering licensee, an
inter-track wagering location licensee, or an advance deposit wagering licensee, as
the context of this Act requires.
(Source: P.A. 96-762, eff. 8-25-09.)
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(230 ILCS 5/3.21)
Sec. 3.21.
"Facilities" means the offices, racetracks and all related
grounds and structures, and other building improvements or fixtures associated
with the activities of a licensee under this Act.
(Source: P.A. 89-16, eff. 5-30-95.)
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(230 ILCS 5/3.22)
Sec. 3.22. Wagering facility.
"Wagering facility" means any location at which a licensee, other than an advance deposit wagering licensee,
may
accept or receive pari-mutuel wagers under this Act.
(Source: P.A. 96-762, eff. 8-25-09.)
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(230 ILCS 5/3.23)
Sec. 3.23. Wagering.
"Wagering" means, collectively, the pari-mutuel system of
wagering, inter-track wagering,
simulcast wagering, and advance deposit wagering.
(Source: P.A. 96-762, eff. 8-25-09.)
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(230 ILCS 5/3.28)
Sec. 3.28. Advance deposit wagering licensee. "Advance deposit wagering licensee" means a person licensed by the Board to conduct advance deposit wagering. An advance deposit wagering licensee shall be an organization licensee or a person or third party who contracts with an organization licensee in order to conduct advance deposit wagering.
(Source: P.A. 96-762, eff. 8-25-09.) |
(230 ILCS 5/3.29)
Sec. 3.29. Advance deposit wagering. "Advance deposit wagering" means a method of pari-mutuel wagering in which an individual may establish an account, deposit money into the account, and use the account balance to pay for pari-mutuel wagering authorized by this Act. An advance deposit wager may be placed in person at a wagering facility or from any other location via a telephone-type device or any other electronic means. Any person who accepts an advance deposit wager who is not licensed by the Board as an advance deposit wagering licensee shall be considered in violation of this Act and the Criminal Code of 2012. Any advance deposit wager placed in person at a wagering facility shall be deemed to have been placed at that wagering facility.
(Source: P.A. 96-762, eff. 8-25-09; 97-1150, eff. 1-25-13.) |
(230 ILCS 5/3.30) Sec. 3.30. Advance deposit wagering terminal. "Advance deposit wagering terminal" means any electronic device placed by an advance deposit wagering licensee at a wagering facility that facilitates the placement of an advance deposit wager and that can be electronically tracked so the location of the wagering facility where the advance deposit wagering terminal is located can be readily identified and so all wagers placed through the advance deposit wagering terminal are easily reportable.
(Source: P.A. 96-762, eff. 8-25-09.) |
(230 ILCS 5/3.31) Sec. 3.31. Illinois conceived and foaled. Notwithstanding any provision of this Act to the contrary, from January 1, 2018 until January 1, 2022, "Illinois conceived and foaled", as the term applies to a standardbred, includes a standardbred horse whose sire is a qualified Illinois stallion.
(Source: P.A. 100-777, eff. 8-10-18.) |
(230 ILCS 5/3.32) Sec. 3.32. Gross receipts. "Gross receipts" means the total amount of money exchanged for the purchase of chips, tokens, or electronic cards by riverboat or casino patrons or organization gaming patrons.
(Source: P.A. 101-31, eff. 6-28-19.) |
(230 ILCS 5/3.33) Sec. 3.33. Adjusted gross receipts. "Adjusted gross receipts" means the gross receipts less winnings paid to wagerers.
(Source: P.A. 101-31, eff. 6-28-19.) |
(230 ILCS 5/3.34) Sec. 3.34. Organization gaming facility. "Organization gaming facility" means that portion of an organization licensee's racetrack facilities at which gaming authorized under Section 7.7 of the Illinois Gambling Act is conducted.
(Source: P.A. 101-31, eff. 6-28-19.) |
(230 ILCS 5/3.35) Sec. 3.35. Organization gaming license. "Organization gaming license" means a license issued by the Illinois Gaming Board under Section 7.7 of the Illinois Gambling Act authorizing gaming pursuant to that Section at an organization gaming facility.
(Source: P.A. 101-31, eff. 6-28-19.) |
(230 ILCS 5/4) (from Ch. 8, par. 37-4)
Sec. 4.
The Board shall consist of 11 members to be appointed by
the Governor
with the advice and consent of the Senate, not more than 6 of
whom shall be of the
same political party, and one of whom shall be designated by the Governor
to be chairman.
Each member shall have a reasonable knowledge of harness or thoroughbred
racing practices
and procedure and of the principles of harness or thoroughbred racing and
breeding and,
at the time of his appointment, shall be a resident of the State of Illinois
and shall have
resided therein for a period of at least 5 years next preceding his appointment
and qualification
and he shall be a qualified voter therein and not less than 25 years of age.
(Source: P.A. 91-798, eff. 7-9-00.)
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(230 ILCS 5/5) (from Ch. 8, par. 37-5)
Sec. 5.
As soon as practicable following the effective date of this
amendatory Act of 1995, the Governor shall appoint, with the advice and consent
of the Senate, members to the Board as follows: 3 members for terms expiring
July 1, 1996; 3 members for terms expiring July 1, 1998; and 3 members for
terms expiring July 1, 2000. Of the 2 additional members appointed pursuant
to this amendatory Act of the 91st General Assembly, the initial term of one
member shall expire on July 1, 2002 and the initial term of the other member
shall expire on July 1, 2004. Thereafter, the terms of office of the Board
members shall be 6 years. Incumbent members on the effective date of this
amendatory Act of 1995 shall continue to serve only until their successors are
appointed and have qualified.
Each member of the Board shall receive $300 per day for each day the Board
meets and for each day the member conducts a hearing pursuant to Section 16 of
this Act, provided that no Board member shall receive more than $5,000 in
such fees during any calendar year, or an amount set by the Compensation Review
Board, whichever is greater. Members of the Board shall
also be reimbursed for all actual and necessary expenses and disbursements
incurred in the
execution of their official duties.
(Source: P.A. 91-357, eff. 7-29-99; 91-798, eff. 7-9-00.)
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(230 ILCS 5/6) (from Ch. 8, par. 37-6)
Sec. 6. Restrictions on Board members. (a) No person shall be appointed a member of the Board or continue to be a member of the Board if the person or any member of their immediate family is a member of the Board of Directors, employee, or financially interested in any of the following: (i) any licensee or other person who has applied for racing dates to the Board, or the operations thereof including, but not limited to, concessions, data processing, track maintenance, track security, and pari-mutuel operations, located, scheduled or doing business within the State of Illinois, (ii) any race horse competing at a meeting under the Board's jurisdiction, or (iii) any licensee under the Illinois Gambling Act.
(b) No person shall be a member of the Board who is not of good moral
character or who
has been convicted of, or is under indictment for, a felony under the laws
of Illinois or any
other state, or the United States.
(c) No member of the Board or employee shall engage in any political activity. For the purposes of this subsection (c): "Political" means any activity in support of or in connection with any campaign for State or local elective office or any political organization, but does not include activities (i) relating to the support or opposition of any executive, legislative, or administrative action (as those terms are defined in Section 2 of the Lobbyist Registration Act), (ii) relating to collective bargaining, or (iii) that are otherwise in furtherance of the person's official State duties or governmental and public service functions. "Political organization" means a party, committee, association, fund, or other organization (whether or not incorporated) that is required to file a statement of organization with the State Board of Elections or county clerk under Section 9-3 of the Election Code, but only with regard to those activities that require filing with the State Board of Elections or county clerk. (d) Board members and employees may not engage in communications or any activity that may cause or have the appearance of causing a conflict of interest. A conflict of interest exists if a situation influences or creates the appearance that it may influence judgment or performance of regulatory duties and responsibilities. This prohibition shall extend to any act identified by Board action that, in the judgment of the Board, could represent the potential for or the appearance of a conflict of interest. (e) Board members and employees may not accept any gift, gratuity, service, compensation, travel, lodging, or thing of value, with the exception of unsolicited items of an incidental nature, from any person, corporation, limited liability company, or entity doing business with the Board. (f) A Board member or employee shall not use or attempt to use his or her official position to secure, or attempt to secure, any privilege, advantage, favor, or influence for himself or herself or others. No Board member or employee, within a period of one year immediately preceding nomination by the Governor or employment, shall have been employed or received compensation or fees for services from a person or entity, or its parent or affiliate, that has engaged in business with the Board, a licensee or a licensee under the Illinois Gambling Act. In addition, all Board members and employees are subject to the restrictions set forth in Section 5-45 of the State Officials and Employees Ethics Act. (Source: P.A. 101-31, eff. 6-28-19.)
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(230 ILCS 5/7) (from Ch. 8, par. 37-7)
Sec. 7.
Vacancies in the Board shall be filled for the unexpired term
in like manner as original appointments. Each member of the Board shall be
eligible for reappointment in the discretion of the Governor with
the advice and consent of
the Senate.
(Source: P.A. 79-1185.)
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(230 ILCS 5/8) (from Ch. 8, par. 37-8)
Sec. 8.
Before entering upon the discharge of the duties
of his office, each member of the Board shall take an oath that he will
faithfully execute the duties of his office according to the laws of the
State and the rules and regulations adopted therewith. Any member of the Board
who fails to take oath
within 30 days from the date of his appointment shall be guilty of
neglect of duty and may be removed by the Governor.
(Source: P.A. 89-16, eff. 5-30-95.)
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(230 ILCS 5/9) (from Ch. 8, par. 37-9)
Sec. 9.
The Board shall have all powers necessary and proper to fully and
effectively execute the provisions of this Act, including, but not
limited to, the following:
(a) The Board is vested with jurisdiction and supervision over all race
meetings in this State, over all licensees doing business
in this
State, over all occupation licensees, and over all persons on the
facilities of any licensee. Such jurisdiction shall
include the power to issue licenses to the Illinois Department of
Agriculture authorizing the pari-mutuel system of wagering
on harness and Quarter Horse races held (1) at the Illinois State Fair in
Sangamon County, and (2) at the DuQuoin State Fair in Perry County. The
jurisdiction of the Board shall also include the power to issue licenses to
county fairs which are eligible to receive funds pursuant to the
Agricultural Fair Act, as now or hereafter amended, or their agents,
authorizing the pari-mutuel system of wagering on horse
races
conducted at the county fairs receiving such licenses. Such licenses shall be
governed by subsection (n) of this Section.
Upon application, the Board shall issue a license to the Illinois Department
of Agriculture to conduct harness and Quarter Horse races at the Illinois State
Fair and at the DuQuoin State Fairgrounds
during the scheduled dates of each fair. The Board shall not require and the
Department of Agriculture shall be exempt from the requirements of Sections
15.3, 18 and 19, paragraphs (a)(2), (b), (c), (d), (e), (e-5), (e-10), (f),
(g), and (h) of Section 20, and Sections 21, 24 and 25. The Board and the Department
of
Agriculture may extend any or all of these exemptions to any contractor or
agent engaged by the Department of Agriculture to conduct its race meetings
when the Board determines that this would best serve the public interest and
the interest of horse racing.
Notwithstanding any provision of law to the contrary, it shall be lawful for
any licensee to operate pari-mutuel wagering
or
contract with the Department of Agriculture to operate pari-mutuel wagering at
the DuQuoin State Fairgrounds or for the Department to enter into contracts
with a licensee, employ its owners,
employees
or
agents and employ such other occupation licensees as the Department deems
necessary in connection with race meetings and wagerings.
(b) The Board is vested with the full power to promulgate reasonable
rules and regulations for the purpose of administering the provisions of
this Act and to prescribe reasonable rules, regulations and conditions
under which all horse race meetings or wagering in the State shall be
conducted. Such reasonable rules and regulations are to provide for the
prevention of practices detrimental to the public interest and to promote the best
interests of horse racing and to impose penalties for violations thereof.
(c) The Board, and any person or persons to whom it delegates
this power, is vested with the power to enter the facilities and other places of business of any licensee to determine whether there has been compliance with
the provisions of this Act and its rules and regulations.
(d) The Board, and any person or persons to whom it delegates this
power, is vested with the authority to investigate alleged violations of
the provisions of this Act, its reasonable rules and regulations, orders
and final decisions; the Board shall take appropriate disciplinary action
against any licensee or occupation licensee for violation
thereof or
institute appropriate legal action for the enforcement thereof.
(e) The Board, and any person or persons to whom it delegates this power,
may eject or exclude from any race meeting or
the facilities of any licensee, or any part
thereof, any occupation licensee or any
other individual whose conduct or reputation is such that his presence on
those facilities may, in the opinion of the Board, call into question
the honesty and integrity of horse racing or wagering or interfere with the
orderly
conduct of horse racing or wagering; provided, however, that no person
shall be
excluded or ejected from the facilities of any licensee solely on the grounds of
race, color, creed, national origin, ancestry, or sex. The power to eject
or exclude an occupation licensee or other individual may
be exercised for just cause by the licensee or the Board, subject to subsequent hearing by the
Board as to the propriety of said exclusion.
(f) The Board is vested with the power to acquire,
establish, maintain and operate (or provide by contract to
maintain and operate) testing laboratories and related facilities,
for the purpose of conducting saliva, blood, urine and other tests on the
horses run or to be run in any horse race meeting, including races run at county fairs, and to purchase all
equipment and supplies deemed necessary or desirable in connection with
any such testing laboratories and related facilities and all such tests.
(g) The Board may require that the records, including financial or other
statements of any licensee or any person affiliated with the licensee who is
involved directly or indirectly in the activities of any licensee as regulated
under this Act to the extent that those financial or other statements relate to
such activities be kept in
such manner as prescribed by the Board, and that Board employees shall have
access to those records during reasonable business
hours. Within 120 days of the end of its fiscal year, each licensee shall
transmit to
the Board
an audit of the financial transactions and condition of the licensee's total
operations. All audits shall be conducted by certified public accountants.
Each certified public accountant must be registered in the State of Illinois
under the Illinois Public Accounting Act. The compensation for each certified
public accountant shall be paid directly by the licensee to the certified
public accountant. A licensee shall also submit any other financial or related
information the Board deems necessary to effectively administer this Act and
all rules, regulations, and final decisions promulgated under this Act.
(h) The Board shall name and appoint in the manner provided by the rules
and regulations of the Board: an Executive Director; a State director
of mutuels; State veterinarians and representatives to take saliva, blood,
urine and other tests on horses; licensing personnel; revenue
inspectors; and State seasonal employees (excluding admission ticket
sellers and mutuel clerks). All of those named and appointed as provided
in this subsection shall serve during the pleasure of the Board; their
compensation shall be determined by the Board and be paid in the same
manner as other employees of the Board under this Act.
(i) The Board shall require that there shall be 3 stewards at each horse
race meeting, at least 2 of whom shall be named and appointed by the Board.
Stewards appointed or approved by the Board, while performing duties
required by this Act or by the Board, shall be entitled to the same rights
and immunities as granted to Board members and Board employees in Section
10 of this Act.
(j) The Board may discharge any Board employee
who fails or refuses for any reason to comply with the rules and
regulations of the Board, or who, in the opinion of the Board,
is guilty of fraud, dishonesty or who is proven to be incompetent.
The Board shall have no right or power to determine who shall be officers,
directors or employees of any licensee, or their salaries
except the Board may, by rule, require that all or any officials or
employees in charge of or whose duties relate to the actual running of
races be approved by the Board.
(k) The Board is vested with the power to appoint
delegates to execute any of the powers granted to it under this Section
for the purpose of administering this Act and any rules or regulations
promulgated in accordance with this Act.
(l) The Board is vested with the power to impose civil penalties of up to
$5,000 against an individual and up to $10,000 against a
licensee for each
violation of any provision of this Act, any rules adopted by the Board, any
order of the Board or any other action which, in the Board's discretion, is
a detriment or impediment to horse racing or wagering. Beginning on the date when any organization licensee begins conducting gaming pursuant to an organization gaming license issued under the Illinois Gambling Act, the power granted to the Board pursuant to this subsection (l) shall authorize the Board to impose penalties of up to $10,000 against an individual and up to $25,000 against a licensee. All such civil penalties shall be deposited into the Horse Racing Fund.
(m) The Board is vested with the power to prescribe a form to be used
by licensees as an application for employment for employees of
each licensee.
(n) The Board shall have the power to issue a license
to any county fair, or its
agent, authorizing the conduct of the pari-mutuel system of
wagering. The Board is vested with the full power to promulgate
reasonable rules, regulations and conditions under which all horse race
meetings licensed pursuant to this subsection shall be held and conducted,
including rules, regulations and conditions for the conduct of the
pari-mutuel system of wagering. The rules, regulations and
conditions shall provide for the prevention of practices detrimental to the
public interest and for the best interests of horse racing, and shall
prescribe penalties for violations thereof. Any authority granted the
Board under this Act shall extend to its jurisdiction and supervision over
county fairs, or their agents, licensed pursuant to this subsection.
However, the Board may waive any provision of this Act or its rules or
regulations which would otherwise apply to such county fairs or their agents.
(o) Whenever the Board is authorized or
required by law to consider some aspect of criminal history record
information for the purpose of carrying out its statutory powers and
responsibilities, then, upon request and payment of fees in conformance
with the requirements of Section 2605-400 of
the Illinois State Police Law, the Illinois State Police is
authorized to furnish, pursuant to positive identification, such
information contained in State files as is necessary to fulfill the request.
(p) To insure the convenience, comfort, and wagering accessibility of
race track patrons, to provide for the maximization of State revenue, and
to generate increases in purse allotments to the horsemen, the Board shall
require any licensee to staff the pari-mutuel department with
adequate personnel.
(Source: P.A. 101-31, eff. 6-28-19; 102-538, eff. 8-20-21.)
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(230 ILCS 5/10) (from Ch. 8, par. 37-10)
Sec. 10.
Any Board member or Board employee who
is subject to any civil action arising from any act executed by him while serving
as a Board member or Board employee shall be represented by the Attorney General.
All costs of defending such law suit and satisfaction of any judgment rendered
against a Board member or Board employee shall be incurred by the Board. Any
Board member or Board employee is entitled to the
benefit of this Section provided the act was committed in good faith.
(Source: P.A. 79-1185.)
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(230 ILCS 5/11) (from Ch. 8, par. 37-11)
Sec. 11.
(Repealed).
(Source: Repealed by P.A. 88-495.)
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(230 ILCS 5/12) (from Ch. 8, par. 37-12)
Sec. 12.
(a) Board members shall employ under the "Personnel
Code", as now or hereafter amended, such representatives, accountants,
clerks, stenographers, inspectors, and other
employees as may be necessary. No person shall be appointed or hold
any office or position under the Board who, or any member of whose family, is:
(1) an official of, or has any financial or ownership | ||
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(2) an owner, trainer, jockey, or harness driver of a | ||
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(b) Any employee violating the prohibitions set forth
in subsection (a) of this Section shall be subject
to the termination of his or her employment. If the Board determines that
an employee is in violation of subsection (a) of this Section and should be
discharged, it must observe the procedures outlined in the "Personnel
Code", as now or hereafter amended, as they apply to discharge proceedings.
(c) No person employed by the Board during the 12 months preceding the
effective date of this Act shall be terminated from employment due to a
violation
of the prohibitions set forth in subsection (a) of this Section.
(Source: P.A. 89-16, eff. 5-30-95.)
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(230 ILCS 5/12.1) (from Ch. 8, par. 37-12.1)
Sec. 12.1.
(a) The General Assembly finds that the Illinois Racing
Industry does not include a fair proportion of minority or female workers.
Therefore, the General Assembly urges that the job training institutes, trade
associations and employers involved in the Illinois Horse Racing Industry
take affirmative action to encourage equal employment opportunity to all
workers regardless of race, color, creed or sex.
Before an organization license, inter-track wagering license or
inter-track wagering location license can be granted, the applicant for any
such license shall execute and file with the Board a good faith affirmative
action plan to recruit, train and upgrade minorities and females in all
classifications with the applicant for license. One year after issuance of
any such license, and each year thereafter, the licensee shall file a
report with the Board evidencing and certifying compliance with the
originally filed affirmative action plan.
(b) At least 10% of the total amount of all State contracts for the
infrastructure improvement of any race track grounds in this State shall be let
to minority-owned businesses or women-owned businesses. "State contract",
"minority-owned business" and "women-owned business" shall have the meanings
ascribed to them under the Business Enterprise for Minorities, Women, and
Persons with Disabilities Act.
(Source: P.A. 100-391, eff. 8-25-17.)
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(230 ILCS 5/12.2) Sec. 12.2. Business enterprise program. (a) For the purposes of this Section, the terms "minority", "minority-owned business", "woman", "women-owned business", "person with a disability", and "business owned by a person with a disability" have the meanings ascribed to them in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. (b) The Board shall, by rule, establish goals for the award of contracts by each organization licensee or inter-track wagering licensee to businesses owned by minorities, women, and persons with disabilities, expressed as percentages of an organization licensee's or inter-track wagering licensee's total dollar amount of contracts awarded during each calendar year. Each organization licensee or inter-track wagering licensee must make every effort to meet the goals established by the Board pursuant to this Section. When setting the goals for the award of contracts, the Board shall not include contracts where: (1) licensees are purchasing goods or services from vendors or suppliers or in markets where there are no or a limited number of minority-owned businesses, women-owned businesses, or businesses owned by persons with disabilities that would be sufficient to satisfy the goal; (2) there are no or a limited number of suppliers licensed by the Board; (3) the licensee or its parent company owns a company that provides the goods or services; or (4) the goods or services are provided to the licensee by a publicly traded company. (c) Each organization licensee or inter-track wagering licensee shall file with the Board an annual report of its utilization of minority-owned businesses, women-owned businesses, and businesses owned by persons with disabilities during the preceding calendar year. The reports shall include a self-evaluation of the efforts of the organization licensee or inter-track wagering licensee to meet its goals under this Section. (d) The organization licensee or inter-track wagering
licensee shall have the right to request a waiver from the requirements of this Section. The Board shall grant the waiver where the organization licensee or inter-track wagering
licensee demonstrates that there has been made a good faith effort to comply with the goals for participation by minority-owned businesses, women-owned businesses, and businesses owned by persons with
disabilities. (e) If the Board determines that its goals and policies are not being met by any organization licensee or inter-track wagering licensee, then the Board may: (1) adopt remedies for such violations; and (2) recommend that the organization licensee or | ||
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(A) assurances of stronger and better focused | ||
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(B) division of job or project requirements, when | ||
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(C) elimination of extended experience or | ||
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(D) identification of specific proposed contracts | ||
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(E) implementation of regulations established | ||
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(f) The Board shall file, no later than March 1 of each year, an annual report that shall detail the level of achievement toward the goals specified in this Section over the 3 most recent fiscal years. The annual report shall include, but need not be limited to: (1) a summary detailing expenditures subject to | ||
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(2) a summary of the number of contracts awarded and | ||
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(3) an analysis of the level of overall goal | ||
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(4) an analysis of the number of minority-owned | ||
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(5) (blank).
(Source: P.A. 99-78, eff. 7-20-15; 99-891, eff. 1-1-17; 100-391, eff. 8-25-17.) |
(230 ILCS 5/13) (from Ch. 8, par. 37-13)
Sec. 13.
The executive director shall perform any and
all duties that the Board shall assign him. The salary of the executive
director shall be determined by the Board and, in addition, he shall be
reimbursed for all actual and necessary expenses incurred by him in
discharge of his official duties. The executive director shall keep records
of all proceedings of the Board and shall preserve all records, books,
documents and other papers belonging to the Board or entrusted to its care.
The executive director shall
devote his full time to the duties of the office and shall not hold any
other office or employment.
(Source: P.A. 84-531.)
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(230 ILCS 5/14) (from Ch. 8, par. 37-14)
Sec. 14.
(a) The Board shall hold regular and special meetings at such
times and places as may be necessary to perform properly and effectively all
duties required under this Act. A majority of the members of the Board shall
constitute a quorum for the transaction of any business, for the performance of
any duty, or for the exercise of any power which this Act requires the Board
members to transact, perform or exercise en banc, except that upon order of the
Board one of the Board members may conduct the hearing provided in Section 16.
The Board member conducting such hearing shall have all powers and rights
granted to the Board in this Act. The record made at the hearing shall be
reviewed by the Board, or a majority thereof, and the findings and decision of
the majority of the Board shall constitute the order of the Board in such case.
(b) The Board shall obtain a court reporter who will be present at each
regular and special meeting and proceeding and who shall make accurate
transcriptions thereof except that when in the judgment of the Board an
emergency situation requires a meeting by teleconference, the executive
director shall prepare minutes of the meeting indicating the date and time of
the meeting and which members of the Board were present or absent, summarizing
all
matters proposed, deliberated, or decided at the meeting, and indicating the
results of all votes taken. The public shall be allowed to listen to the
proceedings of that meeting at all Board branch offices.
(c) The Board shall provide records which are separate and
distinct from the records of any other State board or commission. Such
records shall be available for public inspection and shall accurately reflect
all Board proceedings.
(d) The Board shall file a written annual report with the Governor on or
before March 1 each year and such additional reports as the Governor may
request. The annual report shall include a statement of receipts and
disbursements by the Board, actions taken by the Board, a report on the
industry's progress toward the policy objectives established in Section 1.2 of
this Act, and any
additional
information and recommendations which the Board may deem valuable or which the
Governor may request.
(e) The Board shall maintain a branch office on the ground of every
organization licensee during the organization licensee's race meeting, which
office shall be kept open throughout the time the race meeting is held. The
Board shall designate one of its members, or an authorized agent of the Board
who shall have the authority to act for the Board, to be in charge of the
branch office during the time it is required to be kept open.
(Source: P.A. 91-40, eff. 6-25-99.)
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(230 ILCS 5/14a) (from Ch. 8, par. 37-14a)
Sec. 14a.
The Board may employ hearing officers qualified by professional
training or previous experience according to rules established by the Board.
The Board shall also establish rules providing for the disqualification of
hearing officers for bias or conflict of interest. Such hearing officers
shall, under the
direction of the Board, take testimony of witnesses, examine accounts, records,
books, papers and facilities, either by holding
hearings or making
independent investigations, in any matter referred to them by the Board;
and make report thereof to the Board, and attend at hearings before the
Board when so directed by the Board, for the purpose of explaining their
investigations and the result thereof to the Board and the parties interested;
and perform such other duties as the Board may direct, subject to its orders.
The Board may make final administrative decisions based upon reports presented
to it and investigations and hearings conducted by hearing officers.
(Source: P.A. 89-16, eff. 5-30-95.)
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(230 ILCS 5/15) (from Ch. 8, par. 37-15)
Sec. 15.
(a) The Board shall, in its discretion, issue occupation
licenses
to horse owners, trainers, harness drivers, jockeys, agents, apprentices,
grooms, stable foremen, exercise persons, veterinarians, valets, blacksmiths,
concessionaires and others designated by the Board whose work, in whole or in
part, is conducted upon facilities within the State. Such occupation licenses
will
be obtained prior to the
persons engaging in their vocation upon such facilities. The
Board shall not license pari-mutuel clerks, parking attendants, security
guards and employees of concessionaires. No occupation license shall be
required of
any person who works at facilities within this
State as a pari-mutuel
clerk, parking attendant, security guard or as an employee of a concessionaire.
Concessionaires of the Illinois State Fair and DuQuoin State Fair and
employees of the Illinois Department of Agriculture shall not be required to
obtain an occupation license by the Board.
(b) Each application for an occupation license shall be on forms
prescribed by the Board. Such license, when issued, shall be for the
period ending December 31 of each year, except that the Board in its
discretion may grant 3-year licenses. The application shall
be accompanied
by a fee of not more than $25 per year
or, in the case of 3-year occupation
license
applications, a fee of not more than $60. Each applicant shall set forth in
the application his full name and address, and if he had been issued prior
occupation licenses or has been licensed in any other state under any other
name, such name, his age, whether or not a permit or license issued to him
in any other state has been suspended or revoked and if so whether such
suspension or revocation is in effect at the time of the application, and
such other information as the Board may require. Fees for registration of
stable names shall not exceed $50.00. Beginning on the date when any organization licensee begins conducting gaming pursuant to an organization gaming license issued under the Illinois Gambling Act, the fee for registration of stable names shall not exceed $150, and the application fee for an occupation license shall not exceed $75, per year or, in the case of a 3-year occupation license application, the fee shall not exceed $180.
(c) The Board may in its discretion refuse an occupation license
to any person:
(1) who has been convicted of a crime;
(2) who is unqualified to perform the duties required | ||
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(3) who fails to disclose or states falsely any | ||
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(4) who has been found guilty of a violation of this | ||
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(5) whose license or permit has been suspended, | ||
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(d) The Board may suspend or revoke any occupation license:
(1) for violation of any of the provisions of this | ||
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(2) for violation of any of the rules or regulations | ||
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(3) for any cause which, if known to the Board, would | ||
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(4) for any other just cause.
(e)
Each applicant shall submit his or her fingerprints to the
Illinois State Police in the form and manner prescribed by the Illinois State Police. These fingerprints shall be checked against the fingerprint records
now and hereafter filed in the Illinois State Police and Federal Bureau of Investigation criminal history records
databases. The Illinois State Police shall charge
a fee for conducting the criminal history records check, which shall be
deposited in the State Police Services Fund and shall not exceed the actual
cost of the records check. The Illinois State Police shall furnish,
pursuant to positive identification, records of conviction to the Board.
Each applicant for licensure shall submit with his occupation
license
application, on forms provided by the Board, 2 sets of his fingerprints.
All such applicants shall appear in person at the location designated by
the Board for the purpose of submitting such sets of fingerprints; however,
with the prior approval of a State steward, an applicant may have such sets
of fingerprints taken by an official law enforcement agency and submitted to
the Board.
(f) The Board may, in its discretion, issue an occupation license without
submission of fingerprints if an applicant has been duly licensed in another
recognized racing jurisdiction after submitting fingerprints that were
subjected to a Federal Bureau of Investigation criminal history background
check
in
that jurisdiction.
(g) Beginning on the date when any organization licensee begins conducting gaming pursuant to an organization gaming license issued under the Illinois Gambling Act, the Board may charge each applicant a reasonable nonrefundable fee to defray the costs associated with the background investigation conducted by the Board. This fee shall be exclusive of any other fee or fees charged in connection with an application for and, if applicable, the issuance of, an organization gaming license. If the costs of the investigation exceed the amount of the fee charged, the Board shall immediately notify the applicant of the additional amount owed, payment of which must be submitted to the Board within 7 days after such notification. All information, records, interviews, reports, statements, memoranda, or other data supplied to or used by the Board in the course of its review or investigation of an applicant for a license or renewal under this Act shall be privileged, strictly confidential, and shall be used only for the purpose of evaluating an applicant for a license or a renewal. Such information, records, interviews, reports, statements, memoranda, or other data shall not be admissible as evidence, nor discoverable, in any action of any kind in any court or before any tribunal, board, agency, or person, except for any action deemed necessary by the Board. (Source: P.A. 101-31, eff. 6-28-19; 102-538, eff. 8-20-21.)
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(230 ILCS 5/15.1) (from Ch. 8, par. 37-15.1)
Sec. 15.1.
Upon collection of the fee accompanying the application for
an occupation license, the Board shall be authorized to make daily
temporary deposits of the fees, for a period not to exceed 7 days, with the
horsemen's bookkeeper at a race meeting. The horsemen's bookkeeper shall
issue a check, payable to the order of the Illinois Racing Board, for
monies deposited under this Section within 24 hours of receipt of the
monies. Provided however, upon the issuance of the check by the horsemen's
bookkeeper the check shall be deposited into the Horse Racing Fund.
(Source: P.A. 97-1060, eff. 8-24-12.)
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(230 ILCS 5/15.2) (from Ch. 8, par. 37-15.2)
Sec. 15.2.
(a) No pari-mutuel clerk, parking attendant or security
guard employed by a
licensee at a wagering facility shall commit any of the following acts:
theft; fraud; wagering during the course of employment; touting;
bookmaking; or any other act which is detrimental to the best interests of
racing in Illinois. For purposes of this Section:
(1) "Theft" means the act of knowingly:
(A) obtaining or exerting unauthorized control | ||
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(B) by deception obtaining control over patron | ||
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(2) "Fraud" means the act of knowingly providing | ||
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(3) "Wagering" means the act of placing a wager at a | ||
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(4) "Touting" means the act of soliciting anything of | ||
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(5) "Bookmaking" means the act of accepting a wager | ||
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(b) A licensee, or occupation licensee upon receiving information that a
pari-mutuel clerk, parking attendant or security guard in his employ
has been accused of committing any act prohibited by subsection (a) of this
Section shall:
(1) give immediate written notice of such accusation | ||
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(2) give written notice of such accusation within a | ||
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The Board may impose a civil penalty authorized by subsection (l) of
Section 9 of this Act against a licensee or
occupation licensee who fails to give
any notice required by this subsection.
(c) Upon receiving the notice required by subsection (b) of this
Section the stewards shall conduct an inquiry into the matter.
If the stewards determine that the accused has committed any of the acts
prohibited by subsection (a) of this Section, they may exclude the accused
or declare that person ineligible for employment at any pari-mutuel race
meeting or wagering facility under the jurisdiction of the
Board. A person so excluded or declared ineligible for employment may
request a hearing before the Board as provided in Section 16 of this Act.
(Source: P.A. 89-16, eff. 5-30-95.)
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(230 ILCS 5/15.3) (from Ch. 8, par. 37-15.3)
Sec. 15.3.
Any person who makes application for an employment position
as a pari-mutuel clerk, parking attendant or security guard with a licensee, where such position would involve work conducted
in
whole or in part at a wagering facility within this State shall be required to fill out an employment
application form prescribed by the Illinois Racing Board. Such application
form shall require the applicant to state the following:
(a) whether the applicant has ever been convicted of a felony offense
under the laws of this State, the laws of any other state, or the laws of
the United States;
(b) whether the applicant has ever been convicted of a misdemeanor
offense under the laws of this State, the laws of any other state, or the
laws of the United States, which offense involved dishonesty, fraud,
deception or moral turpitude;
(c) whether the applicant has ever been excluded by the Board or any
other jurisdiction where wagering is conducted;
(d) whether the applicant has ever committed an act of touting,
bookmaking, theft, or fraud, as
those terms are defined in Section 15.2 of this Act; and
(e) any other information that the Board may deem necessary to carry out
the purposes of Public Act 84-1468.
The applicant shall sign the application form and certify that, under the
penalties of perjury of this State, the statements set forth in the
application form are true and correct.
The licensee shall, upon its decision to hire the applicant,
forward a copy of the application form to the Board. The Board shall review
the application form immediately upon receipt.
The Board's review of the application form shall include an inquiry as to
whether the applicant has been accused of any of the acts prohibited under
Section 15.2 of this Act and, if the Board does find that the applicant has
been so accused, it shall conduct an investigation to determine whether, by
a standard of reasonable certainty, the applicant committed the act. If the
Board determines that the applicant did commit any of the acts prohibited
under that Section, it may exclude the applicant or declare that the
applicant is ineligible for employment.
The Board may declare an applicant ineligible for employment if it finds
that the applicant has been previously excluded by the Board. In making
such a declaration, the Board shall consider: (a) the reasons the applicant
had been previously excluded; (b) the period of time that has elapsed since
the applicant was excluded; and (c) how the previous exclusion relates to
the applicant's ability to perform the duties of the employment position
for which he or she is applying.
When the Board excludes an applicant or declares an applicant ineligible
for employment, it shall immediately notify such applicant and the licensee of its action. A person so excluded or declared
ineligible for employment may request a hearing before the Board in
accordance with Section 16 of this Act.
No licensee may employ a pari-mutuel clerk, parking attendant
or security guard at a wagering facility after
such licensee has been notified
that such person has been declared ineligible by the Board.
Nothing herein shall be construed to limit the Board's exclusionary
authority under Section 16.
Sections
15.2 and 15.3 of this Act shall
apply to any person who holds an employment position as a
pari-mutuel clerk, parking attendant, or security guard subsequent to
July 1,
1987 with a licensee.
All such employees employed prior to July 1, 1987 shall be
required to file employment
applications with the Board, and the information required under
subparagraphs (a) through (e) of this Section pertaining to conduct or
activities prior to July 1, 1987 shall
only be used by the Board in its determination to exclude an applicant or
its declaration that an applicant is ineligible for employment based on
conduct that occurs after July 1, 1987.
(Source: P.A. 89-16, eff. 5-30-95.)
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(230 ILCS 5/15.4) (from Ch. 8, par. 37-15.4)
Sec. 15.4.
The Board shall take disciplinary action authorized by
subsection (d) of Section 9 of this Act or impose a civil penalty
authorized by subsection (1) of Section 9 of this Act against any licensee
which requires, as a condition precedent to
employment, membership in any labor organization or association. Nothing
in this Section shall prohibit an agreement between a labor organization
or association and any such licensee which requires that, once employed, an
employee be a member of the labor organization or association.
(Source: P.A. 89-16, eff. 5-30-95.)
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(230 ILCS 5/15.5) Sec. 15.5. Labor agreements. (a) This Section applies to each entity subject to this Act that has at least 10 employees on average over the 12 months preceding application for an organization gaming license. (b) Before an organization gaming license may be granted or renewed, the applicant or licensee seeking an organization gaming license or renewal shall: (1) Enter into, and observe, the terms of a | ||
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(2) Upon written notice by a labor organization of | ||
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(A) provide the names, classifications, and | ||
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(B) refrain from expressing any views on the | ||
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(C) refrain from restraining or coercing its | ||
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(D) allow designated representatives of the | ||
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(3) Upon a showing of majority interest, to be | ||
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(4) If the parties are unable to conclude a labor | ||
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(5) All labor agreements required under this | ||
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(A) term of at least 3 years; (B) prohibition on strikes or other work | ||
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(C) restriction on subcontracting any work | ||
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(6) A copy of the fully executed labor agreement | ||
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(c) Upon the expiration of a labor agreement required under this Section, the parties shall negotiate a successor agreement under the procedures set forth in paragraphs (4) and (5) of subsection (b), except that the negotiation and arbitration procedures shall commence upon the last effective day of the expiring labor agreement. (d) The provisions of this Section, except for paragraph (2) of subsection (b), do not apply to any entity that is covered, or subsequently becomes covered, under the National Labor Relations Act, 29 U.S.C. 151 et seq. However, nothing in this Act shall affect or diminish the validity and enforceability of any collective bargaining agreement entered into during the period that this Act applies.
(Source: P.A. 101-651, eff. 8-7-20.) |
(230 ILCS 5/16) (from Ch. 8, par. 37-16)
Sec. 16.
(a) The Board shall, in accordance with Section 15, have the
power to revoke or suspend an occupation license, and the steward or judges
at a race meeting shall have the power to suspend an occupation license of
any horse owner, trainer, harness driver, jockey, agent, apprentice,
groom, stable foreman, exercise boy, veterinarian, valet, blacksmith or
concessionaire whose work, in whole or in part, is conducted at facilities within the State, or to determine the eligibility for employment at a
wagering facility of a
pari-mutuel clerk, parking attendant or security guard.
The Illinois Administrative Procedure Act shall not apply to the actions of
the Board or of the stewards or judges at a race meeting, and those actions
shall instead be subject to the procedures outlined in subsections (b) through
(e) of this Section.
The Board may refuse to issue or may suspend the occupation license of
any person who fails to file a return, or to pay the tax, penalty or
interest shown in a filed return, or to pay any final assessment of tax,
penalty or interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the requirements of any
such tax Act are satisfied.
(b) In the event the Board, for violation of the provisions of this Act
or the rules and regulations of the Board or other just cause, refuses,
revokes or suspends an occupation license, or a steward or the judges at
any race meeting suspend an occupation license of any horse owner, trainer,
harness driver, jockey, agent, apprentice, groom, stable foreman, exercise
person, veterinarian, valet, blacksmith, concessionaire or other occupation
licensee whose work, in whole or in part is conducted at facilities within the State and owned by a licensee, or
declare a person ineligible for employment, then the occupation license of
the person or his eligibility for employment shall be suspended pending a
hearing of the Board.
(c) The person affected by such action at any race meeting may request a
hearing before the Board within 5 days after receipt of notice of the
suspension from the Board, the steward or the judges at any race meeting.
The hearing shall be held by the Board within 7 days after such request has
been received by the Board. Any action of a steward or the judges with
respect to any occupation license or eligibility for employment may be
heard by the Board on its own motion by giving the aggrieved party at least
3 days' notice in writing of the time and place of the hearing.
(d) All hearings by the Board under this Section shall be
held at such place in the State as the Board may designate and any notice
provided for shall be served by mailing it postage prepaid by certified
mail to the parties affected. Any such notice so mailed is deemed to have
been served on the business day next following the date of such mailing.
(e) The Board in conducting such hearings shall not be bound by technical
rules of evidence, but all evidence offered before the Board shall be
reduced to writing and shall, with petition and exhibits, if any, and the
findings of the Board, be permanently preserved and constitute the record
of the Board in such case. The Board may require that appellants bear
reasonable costs of the production of hearing transcripts. Any of the
parties affected in such hearing may be represented by counsel and
introduce evidence. At the request of the Board, the Attorney General
shall assist and participate in the conduct of such hearing.
(f) Every member of the Board has the power to administer oaths and
affirmations, certify all official acts, issue subpoenas, compel the
attendance and testimony of witnesses and the production of papers, books,
accounts, and documents.
(g) Any person who is served with a subpoena (issued by the Board or any
member thereof) to appear and testify, or to produce books, papers,
accounts or documents in the course of an inquiry or hearing conducted
under this Act, and who refuses or neglects to appear or to testify or to
produce books, papers, accounts and documents relative to the hearings as
commanded in such subpoenas, may be punished by the Circuit Court in the
county where the violation is committed in the same manner as the Circuit
Court may punish such refusal or neglect in a case filed in court.
(h) In case of disobedience to a subpoena, the Board
may petition the Circuit Court in the county where the violation
was committed for an order requiring the attendance and testimony of
witnesses or the production of documentary evidence or both. A copy of
such petition shall be served by personal notice or by registered or
certified mail upon the person who has failed to obey that subpoena, and
such person shall be advised in writing that a hearing upon the petition
will be requested in a court room to be designated in that notice before
the judge occupying the courtroom on a specified date and at a specified time.
(i) The court, upon the filing of such a petition, may order the person
refusing to obey the subpoena to appear before the Board at a designated
time, or to there produce documentary evidence, if so ordered, or to give
evidence relating to the subject matter of the hearing. Any failure to
obey such order of the Circuit Court may be punished
by that court as a civil or criminal contempt upon itself.
(j) The Board, any member thereof or any applicant may, in connection
with any hearing before the Board, cause the deposition of witnesses within
or without the State to be taken on oral or written interrogatories in the
manner prescribed for depositions in the courts of this State.
(k) At the conclusion of such hearing, the Board shall make its findings
which shall be the basis of the refusal, suspension or revocation of the
occupation license or other action taken by the Board. Such findings and
the action of the Board shall be final. However, the action of the Board
and the propriety thereof are subject to review under Section 46.
(Source: P.A. 89-16, eff. 5-30-95.)
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(230 ILCS 5/17) (from Ch. 8, par. 37-17)
Sec. 17.
No person shall hold or conduct a horse race meeting except at a
State, county, township, agricultural or other fair without a valid and
unrevoked
organization license issued under this Act authorizing the holding of such
meeting.
No licensee shall conduct
wagering at a wagering facility without a valid and unrevoked license issued
under this Act authorizing the conduct of
wagering.
(Source: P.A. 89-16, eff. 5-30-95.)
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(230 ILCS 5/18) (from Ch. 8, par. 37-18)
Sec. 18.
(a) Together with its application, each applicant for racing dates
shall deliver to the Board a certified check or bank draft payable to the order
of the Board for $1,000. In the event the applicant applies for racing dates
in 2 or 3 successive calendar years as provided in subsection (b) of Section
21, the fee shall be $2,000. Filing fees shall not be refunded in the event
the application is denied. Beginning on the date when any organization licensee begins conducting gaming pursuant to an organization gaming license issued under the Illinois Gambling Act, the application fee for racing dates imposed by this subsection (a) shall be $10,000 and the application fee for racing dates in 2 or 3 successive calendar years as provided in subsection (b) of Section 21 shall be $20,000. All filing fees shall be deposited into the Horse Racing Fund.
(b) In addition to the filing fee imposed by subsection (a) and the fees provided in
subsection (j) of Section 20, each organization licensee shall pay a license
fee of $100 for each racing program on which its daily pari-mutuel handle is
$400,000 or more but less than $700,000, and a license fee of $200 for each
racing program on which its daily pari-mutuel handle is $700,000 or more.
The
additional fees required to be paid under this Section by this amendatory Act
of 1982 shall be remitted by the organization licensee to the Illinois Racing
Board with each day's graduated privilege tax or pari-mutuel tax and
breakage as provided under
Section 27. Beginning on the date when any organization licensee begins conducting gaming pursuant to an organization gaming license issued under the Illinois Gambling Act, the license fee imposed by this subsection (b) shall be $200 for each racing program on which the organization licensee's daily pari-mutuel handle is $100,000 or more, but less than $400,000, and the license fee imposed by this subsection (b) shall be $400 for each racing program on which the organization licensee's daily pari-mutuel handle is $400,000 or more.
(c) Sections 11-42-1, 11-42-5, and 11-54-1 of the Illinois Municipal Code shall not apply to any
license under this Act.
(Source: P.A. 101-31, eff. 6-28-19.)
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(230 ILCS 5/19) (from Ch. 8, par. 37-19)
Sec. 19.
(a) No organization license may be granted to conduct a
horse race meeting:
(1) except as provided in subsection (c) of Section | ||
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(2) to any person in default in the payment of any | ||
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(3) to any person who has been convicted of the | ||
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(4) to any person who does not at the time of | ||
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(b) (Blank).
(c) If any person is ineligible to receive an
organization
license because of any of the matters set forth in subsection (a) (2) or
subsection (a) (3) of this Section, any other or separate person that
either (i) controls, directly or indirectly, such ineligible person
or (ii) is controlled, directly or indirectly, by such ineligible
person or by a person which controls, directly or indirectly, such
ineligible person shall also be ineligible.
(Source: P.A. 101-31, eff. 6-28-19.)
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(230 ILCS 5/19.5) Sec. 19.5. Standardbred racetrack in Cook County. Notwithstanding anything in this Act to the contrary, in addition to organization licenses issued by the Board on the effective date of this amendatory Act of the 101st General Assembly, the Board shall issue an organization license limited to standardbred racing to a racetrack located in one of the following townships of Cook County: Bloom, Bremen, Calumet, Orland, Rich, Thornton, or Worth. This additional organization license shall not be issued within a 35-mile radius of another organization license issued by the Board on the effective date of this amendatory Act of the 101st General Assembly, unless the person having operating control of such racetrack has given written consent to the organization licensee applicant, which consent must be filed with the Board at or prior to the time application is made. The organization license application shall be submitted to the Board and the Board may grant the organization license at any meeting of the Board. The Board shall examine the application within 21 days after receipt of the application with respect to its conformity with this Act and the rules adopted by the Board. If the application does not comply with this Act or the rules adopted by the Board, the application may be rejected and an organization license refused to the applicant, or the Board may, within 21 days after receipt of the application, advise the applicant of the deficiencies of the application under the Act or the rules of the Board and require the submittal of an amended application within a reasonable time determined by the Board; upon submittal of the amended application by the applicant, the Board may consider the application consistent with the process described in subsection (e-5) of Section 20. If the application is found to be in compliance with this Act and the rules of the Board, the Board shall then issue an organization license to the applicant. Once the organization license is granted, the licensee shall have all of the current and future rights of existing Illinois racetracks, including, but not limited to, the ability to obtain an inter-track wagering license, the ability to obtain inter-track wagering location licenses, the ability to obtain an organization gaming license pursuant to the Illinois Gambling Act with 1,200 gaming positions, and the ability to offer Internet wagering on horse racing.
(Source: P.A. 101-31, eff. 6-28-19; 102-689, eff. 12-17-21.) |
(230 ILCS 5/20) (from Ch. 8, par. 37-20)
Sec. 20.
(a) Any person desiring to conduct a horse race meeting may
apply to the Board for an organization license. The application shall be
made on a form prescribed and furnished by the Board. The application shall
specify:
(1) the dates on which it intends to conduct the | ||
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(2) the hours of each racing day between which it | ||
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(3) the location where it proposes to conduct the | ||
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(4) any other information the Board may reasonably | ||
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(b) A separate application for an organization license shall be filed
for each horse race meeting
which such person proposes to hold. Any such application, if made by an
individual, or by any individual as trustee, shall be
signed and verified under oath by such individual. If the application is
made by individuals, then it shall be signed and verified under oath by at least 2 of the individuals; if the application is made by a partnership, an association, a corporation, a
corporate trustee, a limited liability company, or any other entity, it shall be signed by an authorized officer, a partner, a member, or a manager, as the case may be, of the entity.
(c) The application shall specify: (1) the name of the persons, association, trust, or | ||
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(2) the principal
address of the applicant; (3) if the applicant is a trustee, the names and | ||
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(d) The applicant shall execute and file with the Board a good faith
affirmative action plan to recruit, train, and upgrade minorities in all
classifications within the association.
(e) With such
application there shall be delivered to the Board a
certified check or bank draft payable to the order of the Board for an
amount equal to $1,000. All applications for
the issuance of an organization license shall be filed with the Board before
August 1 of the year prior to the year for which application is made and shall be acted
upon by the Board at a meeting to be held on such date as shall be fixed
by the Board during the last 15 days of September of such prior year.
At such meeting, the Board shall announce
the award of the racing meets, live racing schedule, and designation of host
track to the applicants and its approval or disapproval of each
application. No announcement shall
be considered binding until a formal order is executed by the Board, which
shall be executed no later than October 15 of that prior year.
Absent the agreement of
the affected organization licensees, the Board shall not grant overlapping
race meetings to 2 or more tracks that are within 100 miles of each
other to conduct the thoroughbred racing.
(e-1) The Board shall award standardbred racing dates to organization licensees with an organization gaming license pursuant to the following schedule: (1) For the first calendar year of operation of | ||
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(2) For the second calendar year of operation of | ||
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(3) For the third calendar year of operation of | ||
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An organization licensee shall apply for racing dates pursuant to this subsection (e-1). In awarding racing dates under this subsection (e-1), the Board shall have the discretion to allocate those standardbred racing dates among these organization licensees. (e-2) The Board shall award thoroughbred racing days to Cook County organization licensees pursuant to the following schedule: (1) During the first year in which only one | ||
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During the second year in which only one organization | ||
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During the third year and every year thereafter, in | ||
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(2) During the first year in which 2 organization | ||
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During the second year in which 2 organization | ||
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During the third year and every year thereafter in | ||
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A Cook County organization licensee shall apply for racing dates pursuant to this subsection (e-2). In awarding racing dates under this subsection (e-2), the Board shall have the discretion to allocate those thoroughbred racing dates among these Cook County organization licensees. (e-3) In awarding racing dates for calendar year 2020 and thereafter in connection with a racetrack in Madison County, the Board shall award racing dates and such organization licensee shall run at least 700 thoroughbred races at the racetrack in Madison County each year. Notwithstanding Section 7.7 of the Illinois Gambling Act or any provision of this Act other than subsection (e-4.5), for each calendar year for which an organization gaming licensee located in Madison County requests racing dates resulting in less than 700 live thoroughbred races at its racetrack facility, the organization gaming licensee may not conduct gaming pursuant to an organization gaming license issued under the Illinois Gambling Act for the calendar year of such requested live races. (e-4) Notwithstanding the provisions of Section 7.7 of the Illinois Gambling Act or any provision of this Act other than subsections (e-3) and (e-4.5), for each calendar year for which an organization gaming licensee requests thoroughbred racing dates which results in a number of live races under its organization license that is less than the total number of live races which it conducted in 2017 at its racetrack facility, the organization gaming licensee may not conduct gaming pursuant to its organization gaming license for the calendar year of such requested live races. (e-4.1) Notwithstanding the provisions of Section 7.7 of the Illinois Gambling Act or any provision of this Act other than subsections (e-3) and (e-4.5), for each calendar year for which an organization licensee requests racing dates for standardbred racing which results in a number of live races that is less than the total number of live races required in subsection (e-1), the organization gaming licensee may not conduct gaming pursuant to its organization gaming license for the calendar year of such requested live races. (e-4.5) The Board shall award the minimum live racing guarantees contained in subsections (e-1), (e-2), and (e-3) to ensure that each organization licensee shall individually run a sufficient number of races per year to qualify for an organization gaming license under this Act. The General Assembly finds that the minimum live racing guarantees contained in subsections (e-1), (e-2), and (e-3) are in the best interest of the sport of horse racing, and that such guarantees may only be reduced in the calendar year in which they will be conducted in the limited circumstances described in this subsection. The Board may decrease the number of racing days without affecting an organization licensee's ability to conduct gaming pursuant to an organization gaming license issued under the Illinois Gambling Act only if the Board determines, after notice and hearing, that: (i) a decrease is necessary to maintain a sufficient | ||
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(ii) there are unsafe track conditions due to weather | ||
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(iii) there is an agreement between an organization | ||
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(iv) the horse population or purse levels are | ||
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In decreasing the number of racing dates in accordance with this subsection, the Board shall hold a hearing and shall provide the public and all interested parties notice and an opportunity to be heard. The Board shall accept testimony from all interested parties, including any association representing owners, trainers, jockeys, or drivers who will be affected by the decrease in racing dates. The Board shall provide a written explanation of the reasons for the decrease and the Board's findings. The written explanation shall include a listing and content of all communication between any party and any Illinois Racing Board member or staff that does not take place at a public meeting of the Board. (e-5) In reviewing an application for the purpose of granting an
organization license consistent with
the best interests of the public and the
sport of horse racing, the Board shall consider:
(1) the character, reputation, experience, and | ||
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(i) controls the applicant, directly or | ||
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(ii) is controlled, directly or indirectly, by | ||
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(2) the applicant's facilities or proposed facilities | ||
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(3) the total revenue without regard to Section 32.1 | ||
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(4) the applicant's good faith affirmative action | ||
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(5) the applicant's financial ability to purchase and | ||
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(6) the applicant's proposed and prior year's | ||
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(7) an agreement, if any, among organization | ||
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(8) the extent to which the applicant exceeds or | ||
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In granting organization licenses and allocating dates for horse race
meetings, the Board shall have discretion to determine an overall schedule,
including required simulcasts of Illinois races by host tracks that will, in
its judgment, be conducive to the best interests of
the public and the sport of horse racing.
(e-10) The Illinois Administrative Procedure Act shall apply to
administrative procedures of the Board under this Act for the granting of an
organization license, except that (1) notwithstanding the provisions of
subsection (b) of Section 10-40 of the Illinois Administrative Procedure Act
regarding cross-examination, the
Board may prescribe rules limiting the right of an applicant or participant in
any proceeding to award an organization license to conduct cross-examination of
witnesses at that proceeding where that cross-examination would unduly obstruct
the timely award of an organization license under subsection (e) of Section 20
of this Act; (2) the provisions of Section 10-45 of the Illinois Administrative
Procedure Act regarding proposals for decision are excluded under this Act; (3)
notwithstanding the provisions of subsection (a) of Section 10-60 of the
Illinois Administrative Procedure Act regarding ex parte communications, the
Board may prescribe rules allowing ex parte communications with applicants or
participants in a proceeding to award an organization license where conducting
those communications would be in the best interest of racing, provided all
those communications are made part of the record of that proceeding pursuant
to subsection (c) of Section 10-60 of the Illinois Administrative
Procedure Act; (4) the provisions of Section 14a of this Act and the rules of
the Board promulgated under that Section shall apply instead of the provisions
of Article 10 of the Illinois Administrative Procedure Act regarding
administrative law judges; and (5) the provisions of subsection (d)
of Section 10-65 of the Illinois Administrative Procedure Act that prevent
summary suspension of a license pending revocation or other action shall not
apply.
(f) The Board may allot racing dates to an organization licensee for more
than one calendar year but for no more than 3 successive calendar years in
advance, provided that the Board shall review such allotment for more than
one calendar year prior to each year for which such allotment has been
made. The granting of an organization license to a person constitutes a
privilege to conduct a horse race meeting under the provisions of this Act, and
no person granted an organization license shall be deemed to have a vested
interest, property right, or future expectation to receive an organization
license in any subsequent year as a result of the granting of an organization
license. Organization licenses shall be subject to revocation if the
organization licensee has violated any provision of this Act
or the rules and regulations promulgated under this Act or has been convicted
of a crime or has failed to disclose or has stated falsely any information
called for in the application for an organization license. Any
organization license revocation
proceeding shall be in accordance with Section 16 regarding suspension and
revocation of occupation licenses.
(f-5) If, (i) an applicant does not file an acceptance of the racing dates
awarded by the Board as required under part (1) of subsection (h) of this
Section 20, or (ii) an organization licensee has its license suspended or
revoked under this Act, the Board, upon conducting an emergency hearing as
provided for in this Act, may reaward on an emergency basis pursuant to
rules established by the Board, racing dates not accepted or the racing
dates
associated with any suspension or revocation period to one or more organization
licensees, new applicants, or any combination thereof, upon terms and
conditions that the Board determines are in the best interest of racing,
provided, the organization licensees or new applicants receiving the awarded
racing dates file an acceptance of those reawarded racing dates as
required under paragraph (1) of subsection (h) of this Section 20 and comply
with the other provisions of this Act. The Illinois Administrative Procedure
Act shall not apply to the administrative procedures of the Board in conducting
the emergency hearing and the reallocation of racing dates on an emergency
basis.
(g) (Blank).
(h) The Board shall send the applicant a copy of its formally
executed order by certified mail addressed to the applicant at the
address stated in his application, which notice shall be mailed within 5 days
of the date the formal order is executed.
Each applicant notified shall, within 10 days after receipt of the
final executed order of the Board awarding
racing dates:
(1) file with the Board an acceptance of such award | ||
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(2) pay to the Board an additional amount equal to | ||
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(3) file with the Board the bonds required in | ||
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Upon compliance with the provisions of paragraphs (1), (2), and (3) of
this subsection (h), the applicant shall be issued an
organization license.
If any applicant fails to comply with this Section or fails
to pay the organization license fees herein provided, no organization
license shall be issued to such applicant.
(Source: P.A. 101-31, eff. 6-28-19.)
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(230 ILCS 5/20.1)
Sec. 20.1.
Authority of licensees.
(a) Notwithstanding anything in this Act
to the contrary, an organization licensee shall have authority to:
(1) determine prices charged for goods and services;
(2) determine prices charged for wagering products, | ||
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(3) determine its hours of operation, subject to at | ||
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(4) otherwise manage its business operations.
(b) The Board may disapprove of any business practices by organization
licensees identified in subsection (a) of this Section if the Board finds that
such practices are detrimental to the public interest.
(Source: P.A. 91-40, eff. 6-25-99.)
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(230 ILCS 5/20.5)
Sec. 20.5.
(Repealed).
(Source: P.A. 89-16, eff. 5-30-95. Repealed by 91-40, eff. 6-25-99.)
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(230 ILCS 5/21) (from Ch. 8, par. 37-21)
Sec. 21.
(a) Applications for organization licenses must be filed with
the Board at a time and place prescribed by the rules and regulations of
the Board. The Board shall examine the applications within 21 days
after
the date allowed for filing with respect to their conformity with this Act
and such rules and regulations as may be prescribed by the Board. If any
application does not comply with this Act or the rules and regulations
prescribed by the Board, such application may be rejected and an
organization license refused to the applicant, or the Board may, within 21
days of the receipt of such application, advise the applicant of the
deficiencies of the application under the Act or the rules and regulations of
the Board,
and require the submittal of an amended application within a reasonable time
determined by the Board; and upon submittal of the amended application by the
applicant, the Board may consider the
application consistent with the process described in subsection (e-5) of
Section 20 of this Act. If it
is found to be in compliance with this Act and the rules and regulations of
the Board, the Board may then issue an organization license to such applicant.
(b) The Board may exercise discretion in granting racing
dates to qualified applicants different from those requested by the
applicants in their
applications. However, if all eligible applicants for organization
licenses whose tracks are located within 100 miles of each other execute
and submit to the Board a written agreement among such applicants as to
the award of racing dates, including where applicable racing
programs, for
up to 3 consecutive years, then subject to annual review of each
applicant's compliance with Board rules and regulations, provisions of this
Act and conditions contained in annual dates orders issued by the Board,
the Board may grant such dates and programs
to such applicants
as so agreed by them if the Board determines that the grant of these racing
dates is in the best
interests of racing. The Board shall treat any such agreement as the
agreement signatories' joint and several application for racing dates
during the term of the agreement.
(c) Where 2 or more applicants propose to conduct horse
race meetings within 35 miles of each other, as certified to the Board
under Section 19 (a) (1) of this Act, on conflicting dates, the Board may
determine and grant the number of racing days to be awarded to
the several
applicants in accordance with the provisions of subsection (e-5) of Section
20 of this
Act.
(d) (Blank).
(e) Prior to the issuance of an organization license, the applicant
shall file with the Board the bond required in subsection (d) of Section 27 payable to the State of Illinois, executed by the applicant and a surety company or
companies authorized to do business in this State, and conditioned upon the
payment by the organization licensee of all taxes due under Section 27,
other monies due and payable under this Act, all purses due and payable,
and that the organization licensee will upon presentation of the winning
ticket or
tickets distribute all sums due to the patrons of pari-mutuel pools.
(f) Each organization license shall specify the person to whom it is
issued, the dates upon which horse racing is permitted, and the location,
place, track, or enclosure where the horse race meeting is to be held.
(g) Any person who owns one or more race tracks
within the State
may seek, in its own name, a separate organization license
for each race track.
(h) All racing conducted under such organization license is subject to
this Act and to the rules and regulations from time to time prescribed by
the Board, and every such organization license issued by the Board shall
contain a recital to that effect.
(i) Each such organization licensee may provide
that at least one race per day may be devoted to
the racing of quarter horses, appaloosas, arabians, or paints.
(j) In acting on applications for organization licenses, the Board shall
give weight to an organization license which has
implemented a good faith affirmative
action effort to recruit, train and upgrade minorities in all classifications
within the organization license.
(Source: P.A. 101-31, eff. 6-28-19; 102-689, eff. 12-17-21.)
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(230 ILCS 5/23) (from Ch. 8, par. 37-23)
Sec. 23.
(a) The Board shall promulgate as part of its rules and
regulations a set of minimum standards (including, but not limited to,
a workers' compensation plan) to be observed by race tracks.
(b) The failure of a person who has been
awarded racing
dates to observe the minimum standards to be promulgated by the Board
under subsection (a) of this Section shall result in the mandatory
suspension of the organization license of that person by the Board. The
suspended
organization license of the person shall not be reinstated
until
the minimum standards are observed. Those persons and
tracks
which apply for dates shall not be granted organization licenses if they
are not in observance of the minimum standards to be promulgated by the
Board under subsection (a) of this Section.
The Board may refuse to issue or may suspend the organization license
of any person who fails to file a return, or to pay
the
tax,
penalty or interest shown in a filed return, or to pay any final assessment
of tax, penalty or interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the requirements of any
such tax Act are satisfied.
(c) The Board shall consider the operational needs of the Illinois State
Fair and the DuQuoin State Fair as this Section applies to the Illinois
Department of Agriculture. In considering the operational needs of the
Illinois Department of Agriculture, the Board may waive any rule or portion
of a rule when the physical structure, improvement cost or other use of the
facilities prohibits compliance within this Act or the Board's rules.
(Source: P.A. 89-16, eff. 5-30-95.)
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(230 ILCS 5/24) (from Ch. 8, par. 37-24)
Sec. 24.
(a) No license shall be issued to or held by an organization
licensee unless all of its officers, directors, and holders of ownership
interests of at least 5% are first approved by the Board. The Board shall not
give approval of an organization license application to any person who has been
convicted of or is under an indictment for a crime of moral turpitude or has
violated any provision of the racing law of this State or any rules of the
Board.
(b) An organization licensee must notify the Board within 10 days of any
change in the holders of a direct or indirect interest in the ownership of the
organization licensee. The Board may, after hearing, revoke the organization
license of any
person who registers on its books or knowingly permits a direct or indirect
interest in the ownership of that person without notifying the Board of the
name of the holder in interest within this period.
(c) In addition to the provisions of subsection
(a) of this Section, no person shall be granted an
organization
license if
any public official of the State or member of his
or her family holds any ownership or financial interest, directly or
indirectly, in the person.
(d) No person which has been granted an organization
license
to hold a race meeting shall give to any public official or member of his
family, directly or indirectly, for or without consideration, any interest in the person. The Board shall, after hearing, revoke
the organization license granted to a person which has
violated this subsection.
(e) (Blank).
(f) No organization licensee or concessionaire or officer, director or
holder or controller of
5% or more legal or beneficial interest in any organization licensee or
concession
shall make any sort of
gift or contribution that is prohibited under Article 10 of the State Officials and Employees Ethics Act or pay or give any money or other thing
of value to any
person who is a public official, or a candidate or nominee for public office if that payment or gift is prohibited under Article 10 of the State Officials and Employees Ethics Act.
(Source: P.A. 101-31, eff. 6-28-19.)
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(230 ILCS 5/25) (from Ch. 8, par. 37-25)
Sec. 25. Admission charge; bond; fine. (a) There shall be paid to the Board at such time or times as
it shall prescribe, the sum of fifteen cents (15¢) for each person entering
the grounds or enclosure of each organization licensee and
inter-track wagering licensee upon a ticket of admission except as provided
in subsection (g) of Section 27 of this Act. If
tickets are issued for more than one day then the sum of fifteen cents
(15¢) shall be paid for each person using such ticket on each day that the
same shall be used. Provided, however, that no charge shall be made on
tickets of admission issued to and in the name of directors, officers,
agents or employees of the organization licensee, or inter-track wagering
licensee, or to owners, trainers, jockeys,
drivers and their employees or to any person or persons entering the
grounds or enclosure for the transaction of business in connection with such
race meeting. The organization licensee or inter-track wagering licensee
may, if it desires, collect such amount from
each ticket holder in addition to the amount or amounts charged for such
ticket of admission. Beginning on the date when any organization licensee begins conducting gaming pursuant to an organization gaming license issued under the Illinois Gambling Act, the admission charge imposed by this subsection (a) shall be 40 cents for each person entering the grounds or enclosure of each organization licensee and inter-track wagering licensee upon a ticket of admission, and if such tickets are issued for more than one day, 40 cents shall be paid for each person using such ticket on each day that the same shall be used.
(b) Accurate records and books shall at all times be kept and maintained by
the organization licensees and inter-track wagering licensees
showing the admission tickets issued and used on each racing
day and the attendance thereat of each horse racing meeting. The Board or
its duly authorized representative or representatives shall at all
reasonable times have access to the admission records of any organization
licensee and inter-track wagering licensee for
the purpose of examining and checking the same and ascertaining whether or
not the proper amount has been or is being paid the State of Illinois as
herein provided. The Board shall also require, before issuing any license,
that the licensee shall execute and deliver to it a bond, payable to the
State of Illinois, in such sum as it shall determine, not, however, in
excess of fifty thousand dollars ($50,000), with a surety or sureties to be
approved by it, conditioned for the payment of all sums due and payable or
collected by it under this Section upon admission fees received for any
particular racing meetings. The Board may also from time to time require sworn
statements of the number or numbers of such admissions and may prescribe blanks
upon which such reports shall be made. Any organization licensee or
inter-track wagering licensee failing or
refusing to pay the amount found to be due as herein provided, shall be
deemed guilty of a business offense and upon conviction shall be punished by a
fine of not more than five thousand dollars ($5,000) in addition to the amount
due from such organization licensee or inter-track wagering licensee as
herein provided. All fines paid into court by an organization
licensee or inter-track wagering licensee found guilty of violating this
Section shall be transmitted and paid
over by the clerk of the court to the Board. Beginning on the date when any organization licensee begins conducting gaming pursuant to an organization gaming license issued under the Illinois Gambling Act, any fine imposed pursuant to this subsection (b) shall not exceed $10,000.
(Source: P.A. 101-31, eff. 6-28-19.)
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(230 ILCS 5/26) (from Ch. 8, par. 37-26)
Sec. 26. Wagering.
(a) Any licensee may conduct and supervise the pari-mutuel system of
wagering, as defined in Section 3.12 of this Act, on horse races conducted by
an Illinois organization
licensee or conducted at a racetrack located in another state or country in accordance with subsection (g) of Section 26 of this
Act. Subject to the prior consent of the Board, licensees may supplement any
pari-mutuel pool in order to guarantee a minimum distribution. Such
pari-mutuel method of wagering shall not,
under any circumstances if conducted under the provisions of this Act,
be held or construed to be unlawful, other statutes of this State to the
contrary notwithstanding.
Subject to rules for advance wagering promulgated by the Board, any
licensee
may accept wagers in advance of the day
the race wagered upon occurs.
(b) Except for those gaming activities for which a license is obtained and authorized under the Illinois Lottery Law, the Charitable Games Act, the Raffles and Poker Runs Act, or the Illinois Gambling Act, no other method of betting, pool making, wagering or
gambling shall be used or permitted by the licensee. Each licensee
may retain, subject to the payment of all applicable
taxes and purses, an amount not to exceed 17% of all money wagered
under subsection (a) of this Section, except as may otherwise be permitted
under this Act.
(b-5) An individual may place a wager under the pari-mutuel system from
any licensed location authorized under this Act provided that wager is
electronically recorded in the manner described in Section 3.12 of this Act.
Any wager made electronically by an individual while physically on the premises
of a licensee shall be deemed to have been made at the premises of that
licensee.
(c) (Blank).
(c-5) The sum held by any licensee for payment
of
outstanding pari-mutuel tickets, if unclaimed prior to December 31 of the
next year, shall be retained by the licensee for payment of
such tickets until that date. Within 10 days thereafter, the balance of
such sum remaining unclaimed, less any uncashed supplements contributed by such
licensee for the purpose of guaranteeing minimum distributions
of any pari-mutuel pool, shall be evenly distributed to the purse account of
the organization licensee and the organization licensee, except that the balance of the sum of all outstanding pari-mutuel tickets generated from simulcast wagering and inter-track wagering by an organization licensee located in a county with a population in excess of 230,000 and borders the Mississippi River or any licensee that derives its license from that organization licensee shall be evenly distributed to the purse account of the organization licensee and the organization licensee.
(d) A pari-mutuel ticket shall be honored until December 31 of the
next calendar year, and the licensee shall pay the same and may
charge the amount thereof against unpaid money similarly accumulated on account
of pari-mutuel tickets not presented for payment.
(e) No licensee shall knowingly permit any minor, other
than an employee of such licensee or an owner, trainer,
jockey, driver, or employee thereof, to be admitted during a racing
program unless accompanied by a parent or guardian, or any minor to be a
patron of the pari-mutuel system of wagering conducted or
supervised by it. The admission of any unaccompanied minor, other than
an employee of the licensee or an owner, trainer, jockey,
driver, or employee thereof at a race track is a Class C
misdemeanor.
(f) Notwithstanding the other provisions of this Act, an
organization licensee may contract
with an entity in another state or country to permit any legal
wagering entity in another state or country to accept wagers solely within
such other state or country on races conducted by the organization licensee
in this State.
Beginning January 1, 2000, these wagers
shall not be subject to State
taxation. Until January 1, 2000,
when the out-of-State entity conducts a pari-mutuel pool
separate from the organization licensee, a privilege tax equal to 7 1/2% of
all monies received by the organization licensee from entities in other states
or countries pursuant to such contracts is imposed on the organization
licensee, and such privilege tax shall be remitted to the
Department of Revenue
within 48 hours of receipt of the moneys from the simulcast. When the
out-of-State entity conducts a
combined pari-mutuel pool with the organization licensee, the tax shall be 10%
of all monies received by the organization licensee with 25% of the
receipts from this 10% tax to be distributed to the county
in which the race was conducted.
An organization licensee may permit one or more of its races to be
utilized for
pari-mutuel wagering at one or more locations in other states and may
transmit audio and visual signals of races the organization licensee
conducts to one or
more locations outside the State or country and may also permit pari-mutuel
pools in other states or countries to be combined with its gross or net
wagering pools or with wagering pools established by other states.
(g) A host track may accept interstate simulcast wagers on
horse
races conducted in other states or countries and shall control the
number of signals and types of breeds of racing in its simulcast program,
subject to the disapproval of the Board. The Board may prohibit a simulcast
program only if it finds that the simulcast program is clearly
adverse to the integrity of racing. The host track
simulcast program shall
include the signal of live racing of all organization licensees.
All non-host licensees and advance deposit wagering licensees shall carry the signal of and accept wagers on live racing of all organization licensees. Advance deposit wagering licensees shall not be permitted to accept out-of-state wagers on any Illinois signal provided pursuant to this Section without the approval and consent of the organization licensee providing the signal. For one year after August 15, 2014 (the effective date of Public Act 98-968), non-host licensees may carry the host track simulcast program and
shall accept wagers on all races included as part of the simulcast
program of horse races conducted at race tracks located within North America upon which wagering is permitted. For a period of one year after August 15, 2014 (the effective date of Public Act 98-968), on horse races conducted at race tracks located outside of North America, non-host licensees may accept wagers on all races included as part of the simulcast program upon which wagering is permitted. Beginning August 15, 2015 (one year after the effective date of Public Act 98-968), non-host licensees may carry the host track simulcast program and shall accept wagers on all races included as part of the simulcast program upon which wagering is permitted.
All organization licensees shall provide their live signal to all advance deposit wagering licensees for a simulcast commission fee not to exceed 6% of the advance deposit wagering licensee's Illinois handle on the organization licensee's signal without prior approval by the Board. The Board may adopt rules under which it may permit simulcast commission fees in excess of 6%. The Board shall adopt rules limiting the interstate commission fees charged to an advance deposit wagering licensee. The Board shall adopt rules regarding advance deposit wagering on interstate simulcast races that shall reflect, among other things, the General Assembly's desire to maximize revenues to the State, horsemen purses, and organization licensees. However, organization licensees providing live signals pursuant to the requirements of this subsection (g) may petition the Board to withhold their live signals from an advance deposit wagering licensee if the organization licensee discovers and the Board finds reputable or credible information that the advance deposit wagering licensee is under investigation by another state or federal governmental agency, the advance deposit wagering licensee's license has been suspended in another state, or the advance deposit wagering licensee's license is in revocation proceedings in another state. The organization licensee's provision of their live signal to an advance deposit wagering licensee under this subsection (g) pertains to wagers placed from within Illinois. Advance deposit wagering licensees may place advance deposit wagering terminals at wagering facilities as a convenience to customers. The advance deposit wagering licensee shall not charge or collect any fee from purses for the placement of the advance deposit wagering terminals. The costs and expenses
of the host track and non-host licensees associated
with interstate simulcast
wagering, other than the interstate
commission fee, shall be borne by the host track and all
non-host licensees
incurring these costs.
The interstate commission fee shall not exceed 5% of Illinois handle on the
interstate simulcast race or races without prior approval of the Board. The
Board shall promulgate rules under which it may permit
interstate commission
fees in excess of 5%. The interstate commission
fee and other fees charged by the sending racetrack, including, but not
limited to, satellite decoder fees, shall be uniformly applied
to the host track and all non-host licensees.
Notwithstanding any other provision of this Act, an organization licensee, with the consent of the horsemen association representing the largest number of owners, trainers, jockeys, or standardbred drivers who race horses at that organization licensee's racing meeting, may maintain a system whereby advance deposit wagering may take place or an organization licensee, with the consent of the horsemen association representing the largest number of owners, trainers, jockeys, or standardbred drivers who race horses at that organization licensee's racing meeting, may contract with another person to carry out a system of advance deposit wagering. Such consent may not be unreasonably withheld. Only with respect to an appeal to the Board that consent for an organization licensee that maintains its own advance deposit wagering system is being unreasonably withheld, the Board shall issue a final order within 30 days after initiation of the appeal, and the organization licensee's advance deposit wagering system may remain operational during that 30-day period. The actions of any organization licensee who conducts advance deposit wagering or any person who has a contract with an organization licensee to conduct advance deposit wagering who conducts advance deposit wagering on or after January 1, 2013 and prior to June 7, 2013 (the effective date of Public Act 98-18) taken in reliance on the changes made to this subsection (g) by Public Act 98-18 are hereby validated, provided payment of all applicable pari-mutuel taxes are remitted to the Board. All advance deposit wagers placed from within Illinois must be placed through a Board-approved advance deposit wagering licensee; no other entity may accept an advance deposit wager from a person within Illinois. All advance deposit wagering is subject to any rules adopted by the Board. The Board may adopt rules necessary to regulate advance deposit wagering through the use of emergency rulemaking in accordance with Section 5-45 of the Illinois Administrative Procedure Act. The General Assembly finds that the adoption of rules to regulate advance deposit wagering is deemed an emergency and necessary for the public interest, safety, and welfare. An advance deposit wagering licensee may retain all moneys as agreed to by contract with an organization licensee. Any moneys retained by the organization licensee from advance deposit wagering, not including moneys retained by the advance deposit wagering licensee, shall be paid 50% to the organization licensee's purse account and 50% to the organization licensee. With the exception of any organization licensee that is owned by a publicly traded company that is incorporated in a state other than Illinois and advance deposit wagering licensees under contract with such organization licensees, organization licensees that maintain advance deposit wagering systems and advance deposit wagering licensees that contract with organization licensees shall provide sufficiently detailed monthly accountings to the horsemen association representing the largest number of owners, trainers, jockeys, or standardbred drivers who race horses at that organization licensee's racing meeting so that the horsemen association, as an interested party, can confirm the accuracy of the amounts paid to the purse account at the horsemen association's affiliated organization licensee from advance deposit wagering. If more than one breed races at the same race track facility, then the 50% of the moneys to be paid to an organization licensee's purse account shall be allocated among all organization licensees' purse accounts operating at that race track facility proportionately based on the actual number of host days that the Board grants to that breed at that race track facility in the current calendar year. To the extent any fees from advance deposit wagering conducted in Illinois for wagers in Illinois or other states have been placed in escrow or otherwise withheld from wagers pending a determination of the legality of advance deposit wagering, no action shall be brought to declare such wagers or the disbursement of any fees previously escrowed illegal. (1) Between the hours of 6:30 a.m. and 6:30 p.m. an | ||
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(2) Between the hours of 6:30 p.m. and 6:30 a.m. an | ||
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(3) Each licensee conducting interstate simulcast | ||
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(4) A licensee who receives an interstate simulcast | ||
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(5) After the payment of the interstate commission | ||
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(A) For interstate simulcast wagers made at a | ||
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(B) For wagers placed on interstate simulcast | ||
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(6) Notwithstanding any provision in this Act to the | ||
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(7) Effective January 1, 2017, notwithstanding any | ||
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(7.1) Notwithstanding any other provision of this Act | ||
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(A) If the licensee that conducts horse racing at | ||
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(B) Twenty percent shall be deposited into the | ||
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(7.2) Notwithstanding any other provision of this Act | ||
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(A) If the licensee that conducts horse racing at | ||
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(B) Twenty percent shall be deposited into the | ||
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(8) Notwithstanding any provision in this Act to the | ||
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(8.1) Notwithstanding any provisions in this Act to | ||
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(9) (Blank).
(10) (Blank).
(11) (Blank).
(12) The Board shall have authority to compel all | ||
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(13) Notwithstanding any other provision of this Act, | ||
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(h) The Board may approve and license the conduct of inter-track wagering
and simulcast wagering by inter-track wagering licensees and inter-track
wagering location licensees subject to the following terms and conditions:
(1) Any person licensed to conduct a race meeting (i) | ||
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(2) The Board shall examine the applications with | ||
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(3) In granting licenses to conduct inter-track | ||
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(4) Prior to the issuance of a license to conduct | ||
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(5) Each license to conduct inter-track wagering and | ||
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(6) All wagering under such license is subject to | ||
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(7) An inter-track wagering licensee or inter-track | ||
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(8) Inter-track wagering or simulcast wagering shall | ||
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(8.1) Inter-track wagering location licensees who | ||
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(8.2) Inter-track wagering or simulcast wagering | ||
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(9) (Blank).
(10) An inter-track wagering licensee or an | ||
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(10.1) Except as provided in subsection (g) of | ||
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(10.2) Notwithstanding any other provision of this | ||
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(A) That portion of all moneys wagered on | ||
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(B) That portion of all moneys wagered on | ||
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(11) (A) After payment of the privilege or | ||
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(B) From the sums permitted to be retained pursuant | ||
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(C) There is hereby created the Horse Racing Tax | ||
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Two-sevenths to the Department of Agriculture. | ||
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Four-sevenths to park districts or municipalities | ||
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One-seventh to the Agricultural Premium Fund to | ||
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Until January 1, 2000, all other monies paid into the | ||
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Two-sevenths to the Department of Agriculture. | ||
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Four-sevenths to museums and aquariums located in | ||
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One-seventh to the Agricultural Premium Fund to | ||
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(D) Except as provided in paragraph (11) of this | ||
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(i) If the inter-track wagering licensee, | ||
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(ii) If the inter-track wagering licensee, | ||
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(iii) If the inter-track wagering is being | ||
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(12) The Board shall have all powers necessary and | ||
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(A) The Board is vested with power to promulgate | ||
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(B) The Board, and any person or persons to whom | ||
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(C) The Board, and any person or persons to whom | ||
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(D) (Blank).
(E) The Board is vested with the power to appoint | ||
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(F) The Board shall name and appoint a State | ||
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(G) The Board is vested with the power to impose | ||
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(13) The Department of Agriculture may enter into | ||
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(14) An inter-track wagering location license | ||
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(i) Notwithstanding the other provisions of this Act, the conduct of
wagering at wagering facilities is authorized on all days, except as limited by
subsection (b) of Section 19 of this Act.
(Source: P.A. 101-31, eff. 6-28-19; 101-52, eff. 7-12-19; 101-81, eff. 7-12-19; 101-109, eff. 7-19-19; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
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(230 ILCS 5/26.1) (from Ch. 8, par. 37-26.1)
Sec. 26.1.
For all pari-mutuel wagering conducted pursuant to this
Act, breakage shall be at all times computed on the basis of not to exceed
10¢ on the dollar. If there is a minus pool, the breakage shall be
computed on the basis of not to exceed 5¢ on the dollar.
Breakage shall be calculated only after the amounts retained by licensees
pursuant to Sections 26 and 26.2 of this Act,
and all applicable surcharges, are taken out of winning wagers and winnings
from wagers.
Beginning January 1, 2000, all breakage shall be retained by licensees, with
50%
of breakage to be used by licensees for racetrack improvements
at the racetrack from which the wagering facility derives its license. The
remaining
50% is to be allocated 50% to the purse account for the licensee from which the
wagering facility derives its license and 50% to the
licensee.
(Source: P.A. 91-40, eff. 6-25-99.)
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(230 ILCS 5/26.2) (from Ch. 8, par. 37-26.2)
Sec. 26.2.
In addition to the amount retained by
licensees pursuant to Section 26, each licensee may retain an
additional amount up to 3 1/2% of the amount wagered on all
multiple wagers plus an additional amount up to 8% of the amount
wagered on any other multiple wager
that involves a single betting interest on 3 or more horses.
Amounts retained by organization licensees and inter-track wagering licensees
on all forms of wagering shall be allocated, after payment of
applicable State and local taxes among organization licensees, inter-track
wagering licensees, and purses as set forth in paragraph (5) of subsection (g)
of Section 26, subparagraph (A) of paragraph (11) of subsection (h) of
Section 26, and subsection (a) of Section 29 of this Act.
Amounts retained by inter-track wagering location licensees under this Section
on all forms of wagering shall be allocated, after payment of applicable State
and local taxes, among organization licensees, inter-track wagering location
licensees, and purses as set forth in paragraph 5 of subsection (g) of Section
26 and subparagraph (B) of paragraph (11) of subsection (h) of Section 26.
(Source: P.A. 100-201, eff. 8-18-17.)
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(230 ILCS 5/26.3) (from Ch. 8, par. 37-26.3)
Sec. 26.3.
On and after July 1, 1987, each organization licensee
may impose a surcharge of up to 1% on winning wagers and winnings from
wagers placed upon races
conducted by that organization licensee. Where a surcharge is imposed, it
shall be deducted from winnings prior to payout. Amounts derived from a
surcharge imposed under this Section shall not be paid or allocated to purses.
(Source: P.A. 85-1170.)
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(230 ILCS 5/26.4) (from Ch. 8, par. 37-26.4)
Sec. 26.4.
In addition to the amount retained pursuant to paragraph
(10) of subsection (h) of Section 26,
inter-track wagering location licensees shall retain an additional amount
equal to 2.5% of each winning wager and winnings from wagers, from
which they shall pay the tax
specified in paragraph (10.1) of subsection (h) of Section 26.
With respect to wagers on all races associated with a simulcast program from
a host track, each inter-track wagering location licensee that conducts wagers
on these races may impose a surcharge of up to .5% on each winning wager and
winnings from each such wager during the period of July 1, 1995, to December
31, 1995; provided amounts derived from this surcharge, if imposed, shall not
be paid to or allocated to purses.
(Source: P.A. 89-16, eff. 5-30-95.)
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(230 ILCS 5/26.5) (from Ch. 8, par. 37-26.5)
Sec. 26.5.
Inter-track wagering licensee surcharge.
In addition to
the amount retained pursuant to paragraph (10) of subsection (h) of Section
26, inter-track wagering licensees shall retain an additional amount equal
to 1.5% of each winning wager and winnings from wagers. The surcharge
shall be deducted from winnings prior to payout, except as provided in
subsection (g) of Section 27 of this Act. Amounts retained under
this Section shall be distributed as follows: 40% to the organization
licensee at whose track the wager was placed, 40% as purses at the track
where the wager was placed, and 20% to the county in which the track where the
wager was placed is located.
(Source: P.A. 89-16, eff. 5-30-95.)
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(230 ILCS 5/26.6)
Sec. 26.6.
(Repealed).
(Source: P.A. 89-16, eff. 5-30-95. Repealed by 91-40, eff. 6-25-99.)
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(230 ILCS 5/26.7) Sec. 26.7. Advance deposit wagering surcharge. Beginning on August 26, 2012, each advance deposit wagering licensee shall impose a surcharge of 0.18% on winning wagers and winnings from wagers placed through advance deposit wagering. The surcharge shall be deducted from winnings prior to payout. Amounts derived from a surcharge imposed under this Section shall be paid to the standardbred purse accounts of organization licensees conducting standardbred racing.
(Source: P.A. 101-81, eff. 7-12-19.) |
(230 ILCS 5/26.8) Sec. 26.8. Beginning on February 1, 2014, each wagering licensee may impose a surcharge of up to 0.5% on winning wagers and winnings from wagers. The surcharge shall be deducted from winnings prior to payout. All amounts collected from the imposition of this surcharge shall be evenly distributed to the organization licensee and the purse account of the organization licensee with which the licensee is affiliated. The amounts distributed under this Section shall be in addition to the amounts paid pursuant to paragraph (10) of subsection (h) of Section 26, Section 26.3, Section 26.4, Section 26.5, and Section 26.7.
(Source: P.A. 100-627, eff. 7-20-18; 101-31, eff. 6-28-19.) |
(230 ILCS 5/26.9) Sec. 26.9. Beginning on February 1, 2014, in addition to the surcharge imposed in Sections 26.3, 26.4, 26.5, 26.7, and 26.8 of this Act, each licensee shall impose a surcharge of 0.2% on winning wagers and winnings from wagers. The surcharge shall be deducted from winnings prior to payout. All amounts collected from the surcharges imposed under this Section shall be remitted to the Board. From amounts collected under this Section, the Board shall deposit an amount not to exceed $100,000 annually into the Quarter Horse Purse Fund and all remaining amounts into the Horse Racing Fund.
(Source: P.A. 100-627, eff. 7-20-18; 101-31, eff. 6-28-19.) |
(230 ILCS 5/27) (from Ch. 8, par. 37-27) Sec. 27. (a) In addition to the organization license fee provided
by this Act, until January 1, 2000, a
graduated privilege tax is hereby
imposed for conducting
the pari-mutuel system of wagering permitted under this
Act. Until January 1, 2000, except as provided in subsection (g) of
Section 27 of this Act, all of
the breakage of each racing day held by any licensee in the State shall be paid
to the State.
Until January 1, 2000, such daily graduated privilege tax shall be paid by
the
licensee from the amount permitted to be retained under this Act.
Until January 1, 2000, each day's
graduated privilege tax, breakage, and Horse Racing Tax Allocation
funds shall be remitted to the Department of Revenue within 48 hours after the
close of the racing day upon which it is assessed or within such other time as
the Board prescribes. The privilege tax hereby imposed, until January
1, 2000, shall be a flat tax at
the rate of 2% of the daily pari-mutuel handle except as provided in Section
27.1. In addition, every organization licensee, except as
provided in Section 27.1 of this Act, which conducts multiple
wagering shall pay, until January 1, 2000,
as a privilege tax on multiple
wagers an amount
equal to 1.25% of all moneys wagered each day on such multiple wagers,
plus an additional amount equal to 3.5% of the amount wagered each day on any
other multiple wager which involves a single
betting interest on 3 or more horses. The licensee shall remit the amount of
such taxes to the Department of Revenue within 48 hours after the close of
the racing day on which it is assessed or within such other time as the Board
prescribes. This subsection (a) shall be inoperative and of no force and effect on and
after January 1, 2000. (a-5) Beginning on January 1, 2000, a
flat
pari-mutuel tax at the rate of 1.5% of
the daily
pari-mutuel handle is imposed at all pari-mutuel wagering facilities and on advance deposit wagering from a location other than a wagering facility, except as otherwise provided for in this subsection (a-5). In addition to the pari-mutuel tax imposed on advance deposit wagering pursuant to this subsection (a-5), beginning on August 24, 2012 (the effective date of Public Act 97-1060), an additional pari-mutuel tax at the rate of 0.25% shall be imposed on advance deposit wagering. Until August 25, 2012, the additional 0.25% pari-mutuel tax imposed on advance deposit wagering by Public Act 96-972 shall be deposited into the Quarter Horse Purse Fund, which shall be created as a non-appropriated trust fund administered by the Board for grants to thoroughbred organization licensees for payment of purses for quarter horse races conducted by the organization licensee. Beginning on August 26, 2012, the additional 0.25% pari-mutuel tax imposed on advance deposit wagering shall be deposited into the Standardbred Purse Fund, which shall be created as a non-appropriated trust fund administered by the Board, for grants to the standardbred organization licensees for payment of purses for standardbred horse races conducted by the organization licensee. Thoroughbred organization licensees may petition the Board to conduct quarter horse racing and receive purse grants from the Quarter Horse Purse Fund. The Board shall have complete discretion in distributing the Quarter Horse Purse Fund to the petitioning organization licensees. Beginning on July 26, 2010 (the effective date of Public Act 96-1287), a pari-mutuel tax at the rate of 0.75% of the daily pari-mutuel handle is imposed at a pari-mutuel facility whose license is derived from a track located in a county that borders the Mississippi River and conducted live racing in the previous year. The pari-mutuel tax imposed by this subsection (a-5)
shall be remitted to the Department of
Revenue within 48 hours after the close of the racing day upon which it is
assessed or within such other time as the Board prescribes. (a-10) Beginning on the date when an organization licensee begins conducting gaming pursuant to an organization gaming license, the following pari-mutuel tax is imposed upon an organization licensee on Illinois races at the licensee's racetrack: 1.5% of the pari-mutuel handle at or below the | ||
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2% of the pari-mutuel handle above the average daily | ||
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2.5% of the pari-mutuel handle 125% or more above the | ||
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3% of the pari-mutuel handle 150% or more above the | ||
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3.5% of the pari-mutuel handle 175% or more above the | ||
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The pari-mutuel tax imposed by this subsection (a-10) shall be remitted to the Board within 48 hours after the close of the racing day upon which it is assessed or within such other time as the Board prescribes. (b) On or before December 31, 1999, in
the event that any organization
licensee conducts
2 separate programs
of races on any day, each such program shall be considered a separate
racing day for purposes of determining the daily handle and computing
the privilege tax on such daily handle as provided in subsection (a) of
this Section. (c) Licensees shall at all times keep accurate
books
and records of all monies wagered on each day of a race meeting and of
the taxes paid to the Department of Revenue under the provisions of this
Section. The Board or its duly authorized representative or
representatives shall at all reasonable times have access to such
records for the purpose of examining and checking the same and
ascertaining whether the proper amount of taxes is being paid as
provided. The Board shall require verified reports and a statement of
the total of all monies wagered daily at each wagering facility upon which
the taxes are assessed and may prescribe forms upon which such reports
and statement shall be made. (d) Before a license is issued or re-issued, the licensee shall post a bond in the sum of $500,000 to the State of Illinois. The bond shall be used to guarantee that the licensee faithfully makes the payments, keeps the books and records, makes reports, and conducts games of chance in conformity with this Act and the rules adopted by the Board. The bond shall not be canceled by a surety on less than 30 days' notice in writing to the Board. If a bond is canceled and the licensee fails to file a new bond with the Board in the required amount on or before the effective date of cancellation, the licensee's license shall be revoked. The total and aggregate liability of the surety on the bond is limited to the amount specified in the bond. (e) No other license fee, privilege tax, excise tax, or
racing fee, except as provided in this Act, shall be assessed or
collected from any such licensee by the State. (f) No other license fee, privilege tax, excise tax or racing fee shall be
assessed or collected from any such licensee by units of local government
except as provided in paragraph 10.1 of subsection (h) and subsection (f) of
Section 26 of this Act. However, any municipality that has a Board licensed
horse race meeting at a race track wholly within its corporate boundaries or a
township that has a Board licensed horse race meeting at a race track wholly
within the unincorporated area of the township may charge a local
amusement tax not to exceed 10¢ per admission to such horse race meeting
by the enactment of an ordinance. However, any municipality or county
that has a Board licensed inter-track wagering location facility wholly
within its corporate boundaries may each impose an admission fee not
to exceed $1.00 per admission to such inter-track wagering location facility,
so that a total of not more than $2.00 per admission may be imposed.
Except as provided in subparagraph (g) of Section 27 of this Act, the
inter-track wagering location licensee shall collect any and all such fees. Inter-track wagering location licensees must pay the admission fees required under this subsection (f) to the municipality and county no later than the 20th of the month following the month such admission fees were imposed. (g) Notwithstanding any provision in this Act to the contrary, if in any
calendar year the total taxes and fees from wagering on live racing and from
inter-track wagering required to be collected from
licensees and distributed under this Act to all State and local governmental
authorities exceeds the amount of such taxes and fees distributed to each State
and local governmental authority to which each State and local governmental
authority was entitled under this Act for calendar year 1994, then the first
$11 million of that excess amount shall be allocated at the earliest possible
date for distribution as purse money for the succeeding calendar year.
Upon reaching the 1994 level, and until the excess amount of taxes and fees
exceeds $11 million, the Board shall direct all licensees to cease paying the
subject taxes and fees and the Board shall direct all licensees to allocate any such excess amount for purses as
follows: (i) the excess amount shall be initially divided | ||
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(ii) each thoroughbred and standardbred organization | ||
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To the extent the excess amount of taxes and fees to be collected and
distributed to State and local governmental authorities exceeds $11 million,
that excess amount shall be collected and distributed to State and local
authorities as provided for under this Act.(Source: P.A. 101-31, eff. 6-28-19; 101-52, eff. 7-12-19; 102-558, eff. 8-20-21.) |
(230 ILCS 5/27.1) (from Ch. 8, par. 37-27.1)
Sec. 27.1.
(Repealed).
(Source: P.A. 91-40, eff. 6-25-99. Repealed internally, eff. 1-1-00.)
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(230 ILCS 5/27.2) Sec. 27.2. Withholding of delinquent child support. (a) From winnings required to be reported to the Internal Revenue Service and subject to withholding on Form W-2G, organization licensees and advance deposit wagering licensees licensed under this Act shall withhold up to the full amount of winnings necessary to pay the winner's past due child support amount as certified by the Department of Healthcare and Family Services under Section 10-17.15 of the Illinois Public Aid Code. Amounts withheld shall be paid to the Department of Healthcare and Family Services by the organization licensee or the advance deposit wagering licensee, as applicable. (b) For withholding of winnings, the organization licensee or advance deposit wagering licensee shall be entitled to an administrative fee not to exceed the lesser of 4% of the total amount of cash winnings paid to the gambling winner or $150. (c) In no event may the total amount withheld from the cash payout, including the administrative fee, exceed the total cash winnings claimed by the obligor. If the cash payout claimed is greater than the amount sufficient to satisfy the obligor's delinquent child support payments, the organization licensee or advance deposit wagering licensee shall pay the obligor the remaining balance of the payout, less the administrative fee authorized by subsection (b) of this Section, at the time it is claimed. (d) An organization licensee or an advance deposit wagering licensee that in good faith complies with the requirements of this Section shall not be liable to the gaming winner or any other individual or entity. (e) For an organization licensee under this Act, an agent of the Board (such as an employee of the Board) shall be responsible for notifying the person identified as being delinquent in child support payments that the organization licensee is required by law to withhold all or a portion of his or her winnings. This notification must be provided at the time the winnings are withheld. (f) The provisions of this Section shall be operative on and after the date that rules are adopted by the Department of Healthcare and Family Services pursuant to Section 10-17.15 of the Illinois Public Aid Code. (g) The delinquent child support required to be withheld under this Section and the administrative fee under subsection (b) of this Section have priority over any secured or unsecured claim on cash winnings, except claims for federal or State taxes that are required to be withheld under federal or State law.
(Source: P.A. 98-318, eff. 8-12-13.) |
(230 ILCS 5/28) (from Ch. 8, par. 37-28)
Sec. 28. Except as provided in subsection (g) of Section 27 of this Act,
moneys collected shall be distributed according to the provisions of this
Section 28.
(a) Thirty
per cent of the total of all monies received
by the State as privilege taxes shall be paid into the Metropolitan Exposition,
Auditorium and Office Building Fund in the State treasury until such Fund is repealed, and thereafter shall be paid into the General Revenue Fund in the State treasury.
(b) In addition, 4.5% of the total of all monies received
by the State as privilege taxes shall be paid into the State treasury
into the Metropolitan Exposition,
Auditorium and Office Building Fund until such Fund is repealed, and thereafter shall be paid into the General Revenue Fund in the State treasury.
(c) Fifty per cent of the total of all monies received by the State
as privilege taxes under the provisions of this Act shall be paid into
the Agricultural Premium Fund.
(d) Seven per cent of the total of all monies received by the State
as privilege taxes shall be paid into the Fair and Exposition Fund in
the State treasury; provided, however, that when all bonds issued prior to
July 1, 1984 by the Metropolitan Fair and Exposition Authority shall have
been paid or payment shall have been provided for upon a refunding of those
bonds, thereafter 1/12 of $1,665,662 of such monies shall be paid each
month into the Build Illinois Fund, and the remainder into the Fair and
Exposition Fund. All excess monies shall be allocated to the Department of
Agriculture for distribution to county fairs for premiums and
rehabilitation as set forth in the Agricultural Fair Act.
(e) The monies provided for in Section 30 shall be paid into the
Illinois Thoroughbred Breeders Fund.
(f) The monies provided for in Section 31 shall be paid into the
Illinois Standardbred Breeders Fund.
(g) Until January 1, 2000, that part representing
1/2 of the total breakage in Thoroughbred,
Harness, Appaloosa, Arabian, and Quarter Horse racing in the State shall
be paid into the Illinois Race Track Improvement Fund as established
in Section 32.
(h) All other monies received by the Board under this Act shall be
paid into the Horse Racing Fund.
(i) The salaries of the Board members, secretary, stewards,
directors of mutuels, veterinarians, representatives, accountants,
clerks, stenographers, inspectors and other employees of the Board, and
all expenses of the Board incident to the administration of this Act,
including, but not limited to, all expenses and salaries incident to the
taking of saliva and urine samples in accordance with the rules and
regulations of the Board shall be paid out of the Agricultural Premium
Fund.
(j) The Agricultural Premium Fund shall also be used:
(1) for the expenses of operating the Illinois State | ||
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(2) for the distribution to county fairs, vocational | ||
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(3) for payment of prize monies and premiums awarded | ||
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(4) for personal service of county agricultural | ||
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(5) for distribution to agricultural home economic | ||
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(6) for research on equine disease, including a | ||
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(7) for training scholarships for study on equine | ||
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(8) for the rehabilitation, repair and maintenance of | ||
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(9) (blank);
(10) for the expenses of the Department of Commerce | ||
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(11) for remodeling, expanding, and reconstructing | ||
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(12) for the purpose of assisting in the care and | ||
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(13) for expenses of the Illinois State Police for | ||
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(14) for the Department of Agriculture for soil | ||
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(15) for the Department of Agriculture for grants to | ||
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(16) for the State Comptroller for grants and | ||
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(k) To the extent that monies paid by the Board to the Agricultural
Premium Fund are in the opinion of the Governor in excess of the amount
necessary for the purposes herein stated, the Governor shall notify the
Comptroller and the State Treasurer of such fact, who, upon receipt of
such notification, shall transfer such excess monies from the
Agricultural Premium Fund to the General Revenue Fund.
(Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
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(230 ILCS 5/28.1) Sec. 28.1. Payments. (a) Beginning on January 1, 2000, moneys collected by the Department of Revenue and the Racing Board pursuant to Section 26 or Section 27 of this Act shall be deposited into the Horse Racing Fund, which is hereby created as a special fund in the State Treasury. (b) Appropriations, as approved by the General Assembly, may be made from the Horse Racing Fund to the Board to pay the salaries of the Board members, secretary, stewards, directors of mutuels, veterinarians, representatives, accountants, clerks, stenographers, inspectors and other employees of the Board, and all expenses of the Board incident to the administration of this Act, including, but not limited to, all expenses and salaries incident to the taking of saliva and urine samples in accordance with the rules and regulations of the Board. (c) (Blank). (d) Beginning January 1, 2000, payments to all programs in existence on the effective date of this amendatory Act of 1999 that are identified in Sections 26(c), 26(f), 26(h)(11)(C), and 28, subsections (a), (b), (c), (d), (e), (f), (g), and (h) of Section 30, and subsections (a), (b), (c), (d), (e), (f), (g), and (h) of Section 31 shall be made from the General Revenue Fund at the funding levels determined by amounts paid under this Act in calendar year 1998. Beginning on the effective date of this amendatory Act of the 93rd General Assembly, payments to the Peoria Park District shall be made from the General Revenue Fund at the funding level determined by amounts paid to that park district for museum purposes under this Act in calendar year 1994. If an inter-track wagering location licensee's facility changes its location, then the payments associated with that facility under this subsection (d) for museum purposes shall be paid to the park district in the area where the facility relocates, and the payments shall be used for museum purposes. If the facility does not relocate to a park district, then the payments shall be paid to the taxing district that is responsible for park or museum expenditures. (e) Beginning July 1, 2006, the payment authorized under subsection (d) to museums and aquariums located in park districts of over 500,000 population shall be paid to museums, aquariums, and zoos in amounts determined by Museums in the Park, an association of museums, aquariums, and zoos located on Chicago Park District property. (f) Beginning July 1, 2007, the Children's Discovery Museum in Normal, Illinois shall receive payments from the General Revenue Fund at the funding level determined by the amounts paid to the Miller Park Zoo in Bloomington, Illinois under this Section in calendar year 2006. (g) On July 3, 2024, the Comptroller shall order transferred and the Treasurer shall transfer $3,200,000 from the Horse Racing Fund to the Horse Racing Purse Equity Fund. (Source: P.A. 102-16, eff. 6-17-21; 103-8, eff. 7-1-23; 103-588, eff. 7-1-24.) |
(230 ILCS 5/29) (from Ch. 8, par. 37-29)
Sec. 29.
(a) After the privilege or pari-mutuel tax established in
Sections 26(f), 27, and 27.1 is paid to the State from
the monies
retained by the
organization licensee pursuant to Sections 26, 26.2, and
26.3, the remainder of those monies
retained pursuant to Sections 26 and 26.2, except as
provided in subsection (g) of Section 27 of this Act, shall be
allocated evenly to the organization licensee and as purses.
(b) (Blank).
(c) (Blank).
(d) From the amounts generated for purses from all sources, including, but not limited to, amounts generated from wagering conducted by organization licensees, organization gaming licensees, inter-track wagering licensees, inter-track wagering location licensees, and advance deposit wagering licensees, an organization licensee shall pay to an organization representing the largest number of horse owners and trainers in Illinois, for thoroughbred and standardbred horses that race at the track of the organization licensee, an amount equal to at least 5% of any and all revenue earned by the organization licensee for purses for that calendar year. A contract with the appropriate thoroughbred or standardbred horsemen organization shall be negotiated and signed by the organization licensee before the beginning of each calendar year. Amounts may be used for any legal purpose, including, but not limited to, operational expenses, programs for backstretch workers, retirement plans, diversity scholarships, horse aftercare programs, workers compensation insurance fees, and horse ownership programs. Financial statements highlighting how the funding is spent shall be provided upon request to the organization licensee. The appropriate thoroughbred or standardbred horsemen organization shall make that information available on its website.
(Source: P.A. 101-31, eff. 6-28-19.)
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(230 ILCS 5/30) (from Ch. 8, par. 37-30) Sec. 30. (a) The General Assembly declares that it is the policy of this State to encourage the breeding of thoroughbred horses in this State and the ownership of such horses by residents of this State in order to provide for: sufficient numbers of high quality thoroughbred horses to participate in thoroughbred racing meetings in this State, and to establish and preserve the agricultural and commercial benefits of such breeding and racing industries to the State of Illinois. It is the intent of the General Assembly to further this policy by the provisions of this Act. (b) Each organization licensee conducting a thoroughbred racing meeting pursuant to this Act shall provide at least two races each day limited to Illinois conceived and foaled horses or Illinois foaled horses or both. A minimum of 6 races shall be conducted each week limited to Illinois conceived and foaled or Illinois foaled horses or both. No horses shall be permitted to start in such races unless duly registered under the rules of the Department of Agriculture. (c) Conditions of races under subsection (b) shall be commensurate with past performance, quality, and class of Illinois conceived and foaled and Illinois foaled horses available. If, however, sufficient competition cannot be had among horses of that class on any day, the races may, with consent of the Board, be eliminated for that day and substitute races provided. (d) There is hereby created a special fund of the State treasury to be known as the Illinois Thoroughbred Breeders Fund. Beginning on June 28, 2019 (the effective date of Public Act 101-31), the Illinois Thoroughbred Breeders Fund shall become a non-appropriated trust fund held separate from State moneys. Expenditures from this Fund shall no longer be subject to appropriation. Except as provided in subsection (g) of Section 27 of this Act, 8.5% of all the monies received by the State as privilege taxes on Thoroughbred racing meetings shall be paid into the Illinois Thoroughbred Breeders Fund. Notwithstanding any provision of law to the contrary, amounts deposited into the Illinois Thoroughbred Breeders Fund from revenues generated by gaming pursuant to an organization gaming license issued under the Illinois Gambling Act after June 28, 2019 (the effective date of Public Act 101-31) shall be in addition to tax and fee amounts paid under this Section for calendar year 2019 and thereafter. (e) The Illinois Thoroughbred Breeders Fund shall be administered by the Department of Agriculture with the advice and assistance of the Advisory Board created in subsection (f) of this Section. (f) The Illinois Thoroughbred Breeders Fund Advisory Board shall consist of the Director of the Department of Agriculture, who shall serve as Chairman; a member of the Illinois Racing Board, designated by it; 2 representatives of the organization licensees conducting thoroughbred racing meetings, recommended by them; 2 representatives of the Illinois Thoroughbred Breeders and Owners Foundation, recommended by it; one representative of the Horsemen's Benevolent Protective Association; and one representative from the Illinois Thoroughbred Horsemen's Association. Advisory Board members shall serve for 2 years commencing January 1 of each odd numbered year. If representatives of the organization licensees conducting thoroughbred racing meetings, the Illinois Thoroughbred Breeders and Owners Foundation, the Horsemen's Benevolent Protection Association, and the Illinois Thoroughbred Horsemen's Association have not been recommended by January 1, of each odd numbered year, the Director of the Department of Agriculture shall make an appointment for the organization failing to so recommend a member of the Advisory Board. Advisory Board members shall receive no compensation for their services as members but shall be reimbursed for all actual and necessary expenses and disbursements incurred in the execution of their official duties. (g) Monies expended from the Illinois Thoroughbred Breeders Fund shall be expended by the Department of Agriculture, with the advice and assistance of the Illinois Thoroughbred Breeders Fund Advisory Board, for the following purposes only: (1) To provide purse supplements to owners of horses | ||
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(2) To provide stakes and awards to be paid to the | ||
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(2.5) To provide an award to the owner or owners of | ||
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(3) To provide stallion awards to the owner or owners | ||
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(4) To provide $75,000 annually for purses to be | ||
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(4.1) To provide purse money for an Illinois stallion | ||
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(5) No less than 90% of all monies expended from the | ||
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(6) To provide for educational programs regarding the | ||
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(7) To provide for research programs concerning the | ||
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(8) To provide for a scholarship and training program | ||
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(9) To provide for dissemination of public | ||
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(10) To provide for all expenses incurred in the | ||
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(h) The Illinois Thoroughbred Breeders Fund is not subject to administrative charges or chargebacks, including, but not limited to, those authorized under Section 8h of the State Finance Act. (i) A sum equal to 13% of the first prize money of every purse won by an Illinois foaled or Illinois conceived and foaled horse in races not limited to Illinois foaled horses or Illinois conceived and foaled horses, or both, shall be paid by the organization licensee conducting the horse race meeting. Such sum shall be paid 50% from the organization licensee's share of the money wagered and 50% from the purse account as follows: 11 1/2% to the breeder of the winning horse and 1 1/2% to the organization representing thoroughbred breeders and owners who representative serves on the Illinois Thoroughbred Breeders Fund Advisory Board for verifying the amounts of breeders' awards earned, ensuring their distribution in accordance with this Act, and servicing and promoting the Illinois thoroughbred horse racing industry. Beginning in the calendar year in which an organization licensee that is eligible to receive payments under paragraph (13) of subsection (g) of Section 26 of this Act begins to receive funds from gaming pursuant to an organization gaming license issued under the Illinois Gambling Act, a sum equal to 21 1/2% of the first prize money of every purse won by an Illinois foaled or an Illinois conceived and foaled horse in races not limited to an Illinois conceived and foaled horse, or both, shall be paid 30% from the organization licensee's account and 70% from the purse account as follows: 20% to the breeder of the winning horse and 1 1/2% to the organization representing thoroughbred breeders and owners whose representatives serve on the Illinois Thoroughbred Breeders Fund Advisory Board for verifying the amounts of breeders' awards earned, ensuring their distribution in accordance with this Act, and servicing and promoting the Illinois Thoroughbred racing industry. The organization representing thoroughbred breeders and owners shall cause all expenditures of monies received under this subsection (i) to be audited at least annually by a registered public accountant. The organization shall file copies of each annual audit with the Racing Board, the Clerk of the House of Representatives and the Secretary of the Senate, and shall make copies of each annual audit available to the public upon request and upon payment of the reasonable cost of photocopying the requested number of copies. Such payments shall not reduce any award to the owner of the horse or reduce the taxes payable under this Act. Upon completion of its racing meet, each organization licensee shall deliver to the organization representing thoroughbred breeders and owners whose representative serves on the Illinois Thoroughbred Breeders Fund Advisory Board a listing of all the Illinois foaled and the Illinois conceived and foaled horses which won breeders' awards and the amount of such breeders' awards under this subsection to verify accuracy of payments and assure proper distribution of breeders' awards in accordance with the provisions of this Act. Such payments shall be delivered by the organization licensee within 30 days of the end of each race meeting. (j) A sum equal to 13% of the first prize money won in every race limited to Illinois foaled horses or Illinois conceived and foaled horses, or both, shall be paid in the following manner by the organization licensee conducting the horse race meeting, 50% from the organization licensee's share of the money wagered and 50% from the purse account as follows: 11 1/2% to the breeders of the horses in each such race which are the official first, second, third, and fourth finishers and 1 1/2% to the organization representing thoroughbred breeders and owners whose representatives serve on the Illinois Thoroughbred Breeders Fund Advisory Board for verifying the amounts of breeders' awards earned, ensuring their proper distribution in accordance with this Act, and servicing and promoting the Illinois horse racing industry. Beginning in the calendar year in which an organization licensee that is eligible to receive payments under paragraph (13) of subsection (g) of Section 26 of this Act begins to receive funds from gaming pursuant to an organization gaming license issued under the Illinois Gambling Act, a sum of 21 1/2% of every purse in a race limited to Illinois foaled horses or Illinois conceived and foaled horses, or both, shall be paid by the organization licensee conducting the horse race meeting. Such sum shall be paid 30% from the organization licensee's account and 70% from the purse account as follows: 20% to the breeders of the horses in each such race who are official first, second, third and fourth finishers and 1 1/2% to the organization representing thoroughbred breeders and owners whose representatives serve on the Illinois Thoroughbred Breeders Fund Advisory Board for verifying the amounts of breeders' awards earned, ensuring their proper distribution in accordance with this Act, and servicing and promoting the Illinois thoroughbred horse racing industry. The organization representing thoroughbred breeders and owners shall cause all expenditures of moneys received under this subsection (j) to be audited at least annually by a registered public accountant. The organization shall file copies of each annual audit with the Racing Board, the Clerk of the House of Representatives and the Secretary of the Senate, and shall make copies of each annual audit available to the public upon request and upon payment of the reasonable cost of photocopying the requested number of copies. The copies of the audit to the General Assembly shall be filed with the Clerk of the House of Representatives and the Secretary of the Senate in electronic form only, in the manner that the Clerk and the Secretary shall direct. The amounts paid to the breeders in accordance with this subsection shall be distributed as follows: (1) 60% of such sum shall be paid to the breeder of | ||
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(2) 20% of such sum shall be paid to the breeder of | ||
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(3) 15% of such sum shall be paid to the breeder of | ||
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(4) 5% of such sum shall be paid to the breeder of | ||
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Such payments shall not reduce any award to the owners of a horse or reduce the taxes payable under this Act. Upon completion of its racing meet, each organization licensee shall deliver to the organization representing thoroughbred breeders and owners whose representative serves on the Illinois Thoroughbred Breeders Fund Advisory Board a listing of all the Illinois foaled and the Illinois conceived and foaled horses which won breeders' awards and the amount of such breeders' awards in accordance with the provisions of this Act. Such payments shall be delivered by the organization licensee within 30 days of the end of each race meeting. (k) The term "breeder", as used herein, means the owner of the mare at the time the foal is dropped. An "Illinois foaled horse" is a foal dropped by a mare which enters this State on or before December 1, in the year in which the horse is bred, provided the mare remains continuously in this State until its foal is born. An "Illinois foaled horse" also means a foal born of a mare in the same year as the mare enters this State on or before March 1, and remains in this State at least 30 days after foaling, is bred back during the season of the foaling to an Illinois Registered Stallion (unless a veterinarian certifies that the mare should not be bred for health reasons), and is not bred to a stallion standing in any other state during the season of foaling. An "Illinois foaled horse" also means a foal born in Illinois of a mare purchased at public auction subsequent to the mare entering this State on or before March 1 of the foaling year providing the mare is owned solely by one or more Illinois residents or an Illinois entity that is entirely owned by one or more Illinois residents. (l) The Department of Agriculture shall, by rule, with the advice and assistance of the Illinois Thoroughbred Breeders Fund Advisory Board: (1) Qualify stallions for Illinois breeding; such | ||
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(2) Provide for the registration of Illinois | ||
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(m) The Department of Agriculture, with the advice and assistance of the Illinois Thoroughbred Breeders Fund Advisory Board, shall provide that certain races limited to Illinois conceived and foaled and Illinois foaled horses be stakes races and determine the total amount of stakes and awards to be paid to the owners of the winning horses in such races. In determining the stakes races and the amount of awards for such races, the Department of Agriculture shall consider factors, including, but not limited to, the amount of money transferred into the Illinois Thoroughbred Breeders Fund, organization licensees' contributions, availability of stakes caliber horses as demonstrated by past performances, whether the race can be coordinated into the proposed racing dates within organization licensees' racing dates, opportunity for colts and fillies and various age groups to race, public wagering on such races, and the previous racing schedule. (n) The Board and the organization licensee shall notify the Department of the conditions and minimum purses for races limited to Illinois conceived and foaled and Illinois foaled horses conducted for each organization licensee conducting a thoroughbred racing meeting. The Department of Agriculture with the advice and assistance of the Illinois Thoroughbred Breeders Fund Advisory Board may allocate monies for purse supplements for such races. In determining whether to allocate money and the amount, the Department of Agriculture shall consider factors, including, but not limited to, the amount of money transferred into the Illinois Thoroughbred Breeders Fund, the number of races that may occur, and the organization licensee's purse structure. (o) (Blank).(Source: P.A. 103-8, eff. 6-7-23; 103-605, eff. 7-1-24.) |
(230 ILCS 5/30.5)
Sec. 30.5. Illinois Racing Quarter Horse Breeders Fund.
(a) The General Assembly declares that it is the policy of this State to
encourage the breeding of racing quarter horses in this State and the ownership
of such horses by residents of this State in order to provide for sufficient
numbers of high quality racing quarter horses in this State and to establish
and
preserve the agricultural and commercial benefits of such breeding and racing
industries to the State of Illinois. It is the intent of the General Assembly
to
further this policy by the provisions of this Act.
(b) There is hereby created a special fund in the State Treasury to be
known as the Illinois Racing Quarter Horse Breeders Fund. Except as provided
in
subsection (g) of Section 27 of this Act, 8.5% of all the moneys received by
the
State as pari-mutuel taxes on quarter horse racing shall be paid into the
Illinois
Racing Quarter Horse Breeders Fund. The Illinois Racing Quarter Horse Breeders Fund shall not be subject to administrative charges or chargebacks, including, but not
limited to, those authorized under Section 8h of the State Finance Act.
(c) The Illinois Racing Quarter Horse Breeders Fund shall be administered
by the Department of Agriculture with the advice and assistance of the Advisory
Board created in subsection (d) of this Section.
(d) The Illinois Racing Quarter Horse Breeders Fund Advisory Board shall
consist of the Director of the Department of Agriculture, who shall serve as
Chairman; a member of the Illinois Racing Board, designated by it; one
representative of the organization licensees conducting pari-mutuel
quarter horse racing meetings,
recommended by them; 2 representatives of the Illinois Running Quarter Horse
Association, recommended by it; and the Superintendent of Fairs and Promotions
from the Department of Agriculture. Advisory Board members shall serve for 2
years commencing January 1 of each odd numbered year. If representatives have
not
been recommended by January 1 of each odd numbered year, the Director of the
Department of Agriculture may make an appointment for the organization failing
to
so recommend a member of the Advisory Board. Advisory Board members shall
receive
no compensation for their services as members but may be reimbursed for all
actual and necessary expenses and disbursements incurred in the execution of
their official duties.
(e) Moneys in the Illinois Racing Quarter Horse Breeders Fund shall be expended by the
Department of Agriculture, with the advice and assistance of the Illinois
Racing
Quarter Horse Breeders Fund Advisory Board, for the following purposes only:
(1) To provide stakes and awards to be paid to the | ||
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(2) To provide an award to the owner or owners of an | ||
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(3) To provide purse money for an Illinois stallion | ||
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(4) To provide for purses to be distributed for the | ||
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(5) To provide for purses to be distributed for the | ||
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(6) To provide for purses to be distributed for | ||
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(7) No less than 90% of all moneys appropriated from | ||
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(8) To provide for research programs concerning the | ||
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(9) To provide for dissemination of public | ||
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(10) To provide for expenses incurred in the | ||
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(f) The Department of Agriculture shall, by rule, with the advice and
assistance of the Illinois Racing Quarter Horse Breeders Fund Advisory Board:
(1) Qualify stallions for Illinois breeding; such | ||
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(2) Provide for the registration of Illinois | ||
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(g) The Department of Agriculture, with the advice and assistance of the
Illinois Racing Quarter Horse Breeders Fund Advisory Board, shall provide that
certain races limited to Illinois conceived and foaled be stakes races and
determine the total amount of stakes and awards to be paid to the owners of the
winning horses in such races.
(Source: P.A. 101-31, eff. 6-28-19.)
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(230 ILCS 5/31) (from Ch. 8, par. 37-31) Sec. 31. (a) The General Assembly declares that it is the policy of this State to encourage the breeding of standardbred horses in this State and the ownership of such horses by residents of this State in order to provide for: sufficient numbers of high quality standardbred horses to participate in harness racing meetings in this State, and to establish and preserve the agricultural and commercial benefits of such breeding and racing industries to the State of Illinois. It is the intent of the General Assembly to further this policy by the provisions of this Section of this Act. (b) Each organization licensee conducting a harness racing meeting pursuant to this Act shall provide for at least two races each race program limited to Illinois conceived and foaled horses. A minimum of 6 races shall be conducted each week limited to Illinois conceived and foaled horses. No horses shall be permitted to start in such races unless duly registered under the rules of the Department of Agriculture. (b-5) Organization licensees, not including the Illinois State Fair or the DuQuoin State Fair, shall provide stake races and early closer races for Illinois conceived and foaled horses so that purses distributed for such races shall be no less than 17% of total purses distributed for harness racing in that calendar year in addition to any stakes payments and starting fees contributed by horse owners. (b-10) Each organization licensee conducting a harness racing meeting pursuant to this Act shall provide an owner award to be paid from the purse account equal to 12% of the amount earned by Illinois conceived and foaled horses finishing in the first 3 positions in races that are not restricted to Illinois conceived and foaled horses. The owner awards shall not be paid on races below the $10,000 claiming class. (c) Conditions of races under subsection (b) shall be commensurate with past performance, quality, and class of Illinois conceived and foaled horses available. If, however, sufficient competition cannot be had among horses of that class on any day, the races may, with consent of the Board, be eliminated for that day and substitute races provided. (d) There is hereby created a special fund of the State treasury to be known as the Illinois Standardbred Breeders Fund. Beginning on June 28, 2019 (the effective date of Public Act 101-31), the Illinois Standardbred Breeders Fund shall become a non-appropriated trust fund held separate and apart from State moneys. Expenditures from this Fund shall no longer be subject to appropriation. During the calendar year 1981, and each year thereafter, except as provided in subsection (g) of Section 27 of this Act, eight and one-half per cent of all the monies received by the State as privilege taxes on harness racing meetings shall be paid into the Illinois Standardbred Breeders Fund. (e) Notwithstanding any provision of law to the contrary, amounts deposited into the Illinois Standardbred Breeders Fund from revenues generated by gaming pursuant to an organization gaming license issued under the Illinois Gambling Act after June 28, 2019 (the effective date of Public Act 101-31) shall be in addition to tax and fee amounts paid under this Section for calendar year 2019 and thereafter. The Illinois Standardbred Breeders Fund shall be administered by the Department of Agriculture with the assistance and advice of the Advisory Board created in subsection (f) of this Section. (f) The Illinois Standardbred Breeders Fund Advisory Board is hereby created. The Advisory Board shall consist of the Director of the Department of Agriculture, who shall serve as Chairman; the Superintendent of the Illinois State Fair; a member of the Illinois Racing Board, designated by it; a representative of the largest association of Illinois standardbred owners and breeders, recommended by it; a representative of a statewide association representing agricultural fairs in Illinois, recommended by it, such representative to be from a fair at which Illinois conceived and foaled racing is conducted; a representative of the organization licensees conducting harness racing meetings, recommended by them; a representative of the Breeder's Committee of the association representing the largest number of standardbred owners, breeders, trainers, caretakers, and drivers, recommended by it; and a representative of the association representing the largest number of standardbred owners, breeders, trainers, caretakers, and drivers, recommended by it. Advisory Board members shall serve for 2 years commencing January 1 of each odd numbered year. If representatives of the largest association of Illinois standardbred owners and breeders, a statewide association of agricultural fairs in Illinois, the association representing the largest number of standardbred owners, breeders, trainers, caretakers, and drivers, a member of the Breeder's Committee of the association representing the largest number of standardbred owners, breeders, trainers, caretakers, and drivers, and the organization licensees conducting harness racing meetings have not been recommended by January 1 of each odd numbered year, the Director of the Department of Agriculture shall make an appointment for the organization failing to so recommend a member of the Advisory Board. Advisory Board members shall receive no compensation for their services as members but shall be reimbursed for all actual and necessary expenses and disbursements incurred in the execution of their official duties. (g) Monies expended from the Illinois Standardbred Breeders Fund shall be expended by the Department of Agriculture, with the assistance and advice of the Illinois Standardbred Breeders Fund Advisory Board for the following purposes only: 1. To provide purses for races limited to Illinois | ||
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2. To provide purses for races limited to Illinois | ||
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3. To provide purse supplements for races limited to | ||
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4. No less than 75% of all monies in the Illinois | ||
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5. In the discretion of the Department of Agriculture | ||
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6. To pay for the improvement of racing facilities | ||
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7. To pay the expenses incurred in the administration | ||
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8. To promote the sport of harness racing, including | ||
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9. To pay up to $50,000 annually for the Department | ||
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(h) The Illinois Standardbred Breeders Fund is not subject to administrative charges or chargebacks, including, but not limited to, those authorized under Section 8h of the State Finance Act. (i) A sum equal to 13% of the first prize money of the gross purse won by an Illinois conceived and foaled horse shall be paid 50% by the organization licensee conducting the horse race meeting to the breeder of such winning horse from the organization licensee's account and 50% from the purse account of the licensee. Such payment shall not reduce any award to the owner of the horse or reduce the taxes payable under this Act. Such payment shall be delivered by the organization licensee at the end of each quarter. (j) The Department of Agriculture shall, by rule, with the assistance and advice of the Illinois Standardbred Breeders Fund Advisory Board: 1. Qualify stallions for Illinois Standardbred | ||
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2. Provide for the registration of Illinois conceived | ||
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3. Provide that at least a 5-day racing program shall | ||
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4. Provide for the payment of nominating, sustaining, | ||
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5. Provide for the registration with the Department | ||
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6. Provide for the promotion of producing | ||
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(k) The Department of Agriculture, with the advice and assistance of the Illinois Standardbred Breeders Fund Advisory Board, may allocate monies for purse supplements for such races. In determining whether to allocate money and the amount, the Department of Agriculture shall consider factors, including, but not limited to, the amount of money transferred into the Illinois Standardbred Breeders Fund, the number of races that may occur, and an organization licensee's purse structure. The organization licensee shall notify the Department of Agriculture of the conditions and minimum purses for races limited to Illinois conceived and foaled horses to be conducted by each organization licensee conducting a harness racing meeting for which purse supplements have been negotiated. (l) All races held at county fairs and the State Fair which receive funds from the Illinois Standardbred Breeders Fund shall be conducted in accordance with the rules of the United States Trotting Association unless otherwise modified by the Department of Agriculture. (m) At all standardbred race meetings held or conducted under authority of a license granted by the Board, and at all standardbred races held at county fairs which are approved by the Department of Agriculture or at the Illinois or DuQuoin State Fairs, no one shall jog, train, warm up, or drive a standardbred horse unless he or she is wearing a protective safety helmet, with the chin strap fastened and in place, which meets the standards and requirements as set forth in the 1984 Standard for Protective Headgear for Use in Harness Racing and Other Equestrian Sports published by the Snell Memorial Foundation, or any standards and requirements for headgear the Illinois Racing Board may approve. Any other standards and requirements so approved by the Board shall equal or exceed those published by the Snell Memorial Foundation. Any equestrian helmet bearing the Snell label shall be deemed to have met those standards and requirements. (n) In addition to any other transfer that may be provided for by law, as soon as practical after the effective date of the changes made to this Section by this amendatory Act of the 103rd General Assembly, but no later than July 3, 2024 the State Comptroller shall direct and the State Treasurer shall transfer the sum of $2,000,000 from the Fair and Exposition Fund to the Illinois Standardbred Breeders Fund. (Source: P.A. 102-558, eff. 8-20-21; 102-689, eff. 12-17-21; 103-8, eff. 6-7-23; 103-588, eff. 6-5-24; 103-605, eff. 7-1-24.) |
(230 ILCS 5/31.1) (from Ch. 8, par. 37-31.1)
Sec. 31.1.
(a) Unless subsection (a-5) applies, organization licensees
collectively shall contribute annually to charity the sum of
$750,000
to non-profit organizations that provide medical and family, counseling,
and similar services to persons who reside or work on the backstretch of
Illinois racetracks.
Unless subsection (a-5) applies, these contributions shall be collected as follows: (i) no later than July
1st of each year the Board shall assess each organization licensee, except
those tracks located in Madison County, which tracks
shall pay $30,000 annually apiece into the Board charity fund, that amount
which equals $690,000 multiplied by the amount of pari-mutuel wagering
handled by the organization licensee in the year preceding assessment and
divided by the total pari-mutuel wagering handled by all Illinois
organization licensees, except those tracks located in Madison and Rock Island counties, in the year preceding assessment; (ii) notice of
the assessed contribution shall be mailed to each organization licensee;
(iii) within thirty days of its receipt of such notice, each organization
licensee shall remit the assessed contribution to the Board. Unless subsection (a-5) applies, if an organization licensee commences operation of gaming at its facility pursuant to an organization gaming license under the Illinois Gambling Act, then the organization licensee shall contribute an additional $83,000 per year beginning in the year subsequent to the first year in which the organization licensee begins receiving funds from gaming pursuant to an organization gaming license. If an
organization licensee wilfully fails to so remit the contribution, the
Board may revoke its license to conduct horse racing.
(a-5) If (1) an organization licensee that did not operate live racing in 2017 is awarded racing dates in 2018 or in any subsequent year and (2) all organization licensees are operating gaming pursuant to an organization gaming license under the Illinois Gambling Act, then subsection (a) does not apply and organization licensees collectively shall contribute annually to charity the sum of $1,000,000 to non-profit organizations that provide medical and family, counseling, and similar services to persons who reside or work on the backstretch of Illinois racetracks. These contributions shall be collected as follows: (i) no later than July 1st of each year the Board shall assess each organization licensee an amount based on the proportionate amount of live racing days in the calendar year for which the Board has awarded to the organization licensee out of the total aggregate number of live racing days awarded; (ii) notice of the assessed contribution shall be mailed to each organization licensee; (iii) within 30 days after its receipt of such notice, each organization licensee shall remit the assessed contribution to the Board. If an organization licensee willfully fails to so remit the contribution, the Board may revoke its license to conduct horse racing. (b) No later than October 1st of each year, any
qualified charitable organization seeking an allotment of
contributed funds shall
submit to the Board an application for those funds, using the
Board's approved
form. No later than December 31st of each year, the Board shall
distribute all such amounts collected that year to such charitable
organization applicants.
(Source: P.A. 101-31, eff. 6-28-19.)
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(230 ILCS 5/31.2) Sec. 31.2. Automated external defibrillators. Organization licensees shall make available no less than 2 automated external defibrillators (AEDs) that are operational and accessible when backstretch workers are present at their racing facilities. At least one AED shall be placed in the paddock of their racing facilities. At least one AED shall be placed on the backstretch of their racing facilities.
(Source: P.A. 98-423, eff. 1-1-14.) |
(230 ILCS 5/32) (from Ch. 8, par. 37-32)
Sec. 32.
Illinois Race Track Improvement Fund.
Within 30 days after the effective date of this Act, the Board shall cause all
moneys
previously deposited in the Illinois Race Track Improvement Fund to be remitted
to the
racetrack from which the licensee derives its license
in accordance to the amounts generated by each licensee.
(Source: P.A. 91-40, eff. 1-1-00.)
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(230 ILCS 5/32.1)
Sec. 32.1. Pari-mutuel tax credit; statewide racetrack real estate
equalization.
(a) In order to encourage new investment in Illinois racetrack facilities and
mitigate differing real estate tax burdens among all racetracks, the licensees
affiliated or associated with each racetrack that has been awarded live racing
dates in the current year shall receive an immediate pari-mutuel tax credit in
an amount equal to the greater of (i) 50% of the amount of the real estate
taxes paid in the prior year attributable to that racetrack, or (ii) the amount
by which the real estate taxes paid in the prior year attributable to that
racetrack exceeds 60% of the average real estate taxes paid in the prior year
for all racetracks awarded live horse racing meets in the current year.
Each year, regardless of whether the organization licensee conducted live
racing in the year of certification, the
Board shall certify in writing, prior to December 31, the real
estate taxes paid in that year for each racetrack and the amount of the
pari-mutuel tax credit that each organization licensee, inter-track wagering
licensee, and inter-track wagering location licensee that derives its license
from such racetrack is entitled in the succeeding calendar year. The real
estate taxes considered under this Section
for any racetrack shall be those taxes on the real estate parcels and related
facilities used to conduct a horse race meeting and inter-track wagering at
such
racetrack under this Act.
In no event shall the amount of the tax credit under this Section exceed the
amount of pari-mutuel taxes otherwise calculated under this Act.
The amount of the tax credit under this Section
shall be retained by each licensee and shall not be subject to any reallocation
or further distribution under this Act. The Board may promulgate emergency
rules to implement this Section.
(b) If the organization licensee is operating gaming pursuant to an organization gaming license issued under the Illinois Gambling Act, except the organization licensee described in Section 19.5, then, for the 5-year period beginning on the January 1 of the calendar year immediately following the calendar year during which an organization licensee begins conducting gaming operations pursuant to an organization gaming license issued under the Illinois Gambling Act, the organization licensee shall make capital expenditures, in an amount equal to no less than 50% of the tax credit under this Section, to the improvement and maintenance of the backstretch, including, but not limited to, backstretch barns, dormitories, and services for backstretch workers. Those capital expenditures must be in addition to, and not in lieu of, the capital expenditures made for backstretch improvements in calendar year 2015, as reported to the Board in the organization licensee's application for racing dates and as certified by the Board. The organization licensee is required to annually submit the list and amounts of these capital expenditures to the Board by January 30th of the year following the expenditure. (c) If the organization licensee is conducting gaming in accordance with paragraph (b), then, after the 5-year period beginning on January 1 of the calendar year immediately following the calendar year during which an organization licensee begins conducting gaming operations pursuant to an organization gaming license issued under the Illinois Gambling Act, the organization license is ineligible to receive a tax credit under this Section.(Source: P.A. 100-201, eff. 8-18-17; 101-31, eff. 6-28-19.)
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(230 ILCS 5/33.1) (from Ch. 8, par. 37-33.1)
Sec. 33.1.
(a) The Department of Agriculture shall be responsible for
investigating and determining the eligibility of mares and Illinois conceived
and foaled horses and Illinois foaled horses to participate in
Illinois conceived and foaled and Illinois foaled races. The Department
of Agriculture shall also qualify stallions to participate in the Illinois
Standardbred and Thoroughbred programs.
(b) The Director of the Department of Agriculture or his authorized agent
is authorized to conduct hearings, administer oaths, and issue subpoenas
to carry out his responsibilities concerning the Illinois Standardbred and
Thoroughbred programs as set forth in Sections 30 and 31.
(c) The Director of the Department of Agriculture or his authorized agent
shall, after a hearing, affirm or deny the qualification of a stallion for
the Illinois Standardbred or Thoroughbred program. The decision of the
Director of the Department of Agriculture or his authorized agent shall
be subject to judicial review under the Administrative Review Law. The
term "administrative decision" shall have the meaning ascribed to it in
Section 3-101 of the Administrative Review Law.
(d) If the determination is made that a standardbred stallion is not
owned by a resident
of the State of Illinois or that a transfer of ownership is a subterfuge to
qualify a standardbred stallion under the Act,
or that a standardbred stallion owner, manager, or person associated with
him or her has knowingly participated in the arrangements for transporting
semen from a
standardbred stallion registered under this Act out-of-state,
the Director of the Department of Agriculture
or his authorized agent shall immediately publish notice of such fact in
publications devoted to news concerning standardbred
horses,
announcing the disqualification of such stallion or his foals. From January 1, 2018 until January 1, 2022, the Director of Agriculture or his or her authorized agent shall not publish notice announcing the disqualification of such stallion or his foals on the basis that a stallion owner, manager, or person associated with him or her has knowingly participated in the arrangements for transporting semen from a standardbred stallion registered under this Act out of State. If any
person owning any stallion, mare or foal is found by the Director of the
Department of Agriculture or his authorized agent to have willfully violated
any provision of this Act or to have made any false statements concerning
such person's stallion, mare or foal, then no animal owned by such person is
eligible to participate in any events conducted pursuant to Sections 30 and 31.
(e) Any person who is served with a subpoena, issued by the Director of
the Department of Agriculture or his authorized agent, to appear and testify
or to produce documents and who refuses or neglects to testify or produce
documents relevant to the investigation, as directed in the subpoenas, may
be punished as provided in this Section.
(f) Any circuit court of this State, upon petition by the Director of the
Department of Agriculture or his authorized agent, may compel the attendance
of witnesses, the production of documents and giving the testimony required
by this Section in the same manner as the production of evidence may be
compelled in any other judicial proceeding before such court. Any person
who willfully swears or affirms falsely in any proceeding conducted pursuant
to this Section is guilty of perjury.
(g) The fees of witnesses for attendance and travel in the course of any
investigation shall be the same as the fees of witnesses before the circuit
courts of this State.
(h) The Department shall have authority to promulgate rules and regulations
for the enforcement of Sections 30, 31 and 33.1 of this Act. Conditions
and purses shall not be subject to Section 5-40 of the Illinois Administrative
Procedure Act but shall be set and published from time to time.
(Source: P.A. 100-777, eff. 8-10-18.)
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(230 ILCS 5/34) (from Ch. 8, par. 37-34)
Sec. 34.
(a) The Illinois State Police shall enforce the
racing statutes of the State and provide investigative services during
all horse racing meetings conducted in this State. Each
licensee shall provide and maintain his own security personnel.
(b) Each licensee shall submit a request for the
investigative services to the Illinois State Police. The
Illinois State Police shall determine each
licensee's pro rata share of the Department's expenses for investigative
services rendered to race tracks on a fiscal year basis, and bill each
licensee, except the Illinois Department of Agriculture or
their contractor, for such expenses. Upon receipt of such billing,
the licensee shall pay the amount billed into the
Agricultural Premium Fund. It shall be the duty of the General Assembly
in subsequent years to review the operation of the Illinois State Police and make consistent increases or, if the situation
necessitates, decreases in the number of personnel necessary in order to
fully assure that the Illinois State Police is at such a
strength as to effectively carry out the purposes of this Act.
(Source: P.A. 102-538, eff. 8-20-21.)
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(230 ILCS 5/34.1)
Sec. 34.1.
Compulsive gambling.
(a) Each organization licensee shall post signs with a statement
regarding obtaining assistance with gambling problems, the text of which shall
be determined by rule by the Department of Human Services, at the following
locations in each race track at which horse
race meetings are
conducted by the organization licensee and in each inter-track wagering
facility
and inter-track wagering location operated by the organization licensee:
(i) Each entrance and exit.
(ii) Near each credit location.
The signs shall be no larger than 8 1/2 inches by 11 inches and shall be
provided by the Department of Human Services.
(b) Each organization licensee shall print a statement regarding obtaining
assistance with gambling problems, the text of which shall be determined by
rule by the Department of Human Services, on all official racing programs
that the organization licensee provides to the general public.
(Source: P.A. 89-374, eff. 1-1-96; 89-507, eff. 7-1-97.)
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(230 ILCS 5/34.2) Sec. 34.2. Withholding of delinquent child support; signs; statement. (a) Each organization licensee shall post signs with a statement regarding withholding of delinquent child support, the text of which shall be determined by rule by the Department of Healthcare and Family Services, at the following locations in each race track at which horse race meetings are conducted by the organization licensee and in each inter-track wagering facility and inter-track wagering location operated by the organization licensee: (1) Each entrance and exit. (2) Near each credit location. The signs shall be provided by the Department of Healthcare and Family Services. (b) Each organization licensee shall print a statement regarding withholding of delinquent child support, the text of which shall be determined by rule by the Department of Healthcare and Family Services, on all official racing programs that the organization licensee provides to the general public.
(Source: P.A. 98-318, eff. 8-12-13.) |
(230 ILCS 5/34.3) Sec. 34.3. Drug testing. The Illinois Racing Board and the Department of Agriculture shall jointly establish a program for the purpose of conducting drug testing of horses at county fairs and shall adopt any rules necessary for enforcement of the program. The rules shall include appropriate penalties for violations.
(Source: P.A. 101-31, eff. 6-28-19.) |
(230 ILCS 5/35) (from Ch. 8, par. 37-35)
Sec. 35.
Any person holding
or conducting any meeting within the State at which racing of horses
shall be permitted for any stake, purse or reward or any person or
persons aiding, assisting or abetting in the holding or conducting
of such meeting where racing is held or conducted contrary to or
in violation of any of the provisions and requirements of this Act
shall be guilty of a Class 4 felony. For the purpose of this Section,
each day of racing in violation of the provisions of this Act shall be
considered as a separate and distinct offense. Any failure by any
member of the Board to make public any violation of this Act within
a reasonable time of learning thereof shall be punished as a
Class A misdemeanor and issuance of a license prior to compliance
with Section 20 shall be punishable as a Class A misdemeanor.
(Source: P.A. 89-16, eff. 5-30-95.)
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(230 ILCS 5/36)
(from Ch. 8, par. 37-36)
Sec. 36. (a) Whoever administers or conspires to administer to
any horse a hypnotic, narcotic, stimulant, depressant or any chemical
substance which may affect the speed of a horse at any time in any race
where the purse or any part of the purse is made of money authorized by any
Section of this Act, except those chemical substances permitted by ruling of
the Board, internally, externally or by hypodermic method in a race or prior
thereto, or whoever knowingly enters a horse in any race within a period of 24
hours after any hypnotic, narcotic, stimulant, depressant or any other chemical
substance which may affect the speed of a horse at any time, except those
chemical substances permitted by ruling of the Board, has been administered to
such horse either internally or externally or by hypodermic method for the
purpose of increasing or retarding the speed of such horse shall be guilty of a
Class 4 felony. The Board shall suspend or revoke such violator's license.
(b) The term "hypnotic" as used in this Section includes all barbituric
acid preparations and derivatives.
(c) The term "narcotic" as used in this Section includes opium and
all its alkaloids, salts, preparations and derivatives, cocaine
and all its salts, preparations and derivatives and substitutes.
(d) The provisions of this Section and the treatment authorized in this Section
apply to horses entered in and competing in race meetings as defined in
Section 3.07 of this Act and to horses entered in and competing at any county
fair.
(Source: P.A. 101-31, eff. 6-28-19.)
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(230 ILCS 5/36a) (from Ch. 8, par. 37-36a)
Sec. 36a.
(a) It is recognized that there are horses which exhibit symptoms
of epistaxis or respiratory tract hemorrhage which with proper treatment
are sound and able to compete in races.
The Board shall establish by rule the appropriate standards for the
administration of furosemide (Lasix) or other Board approved bleeder
medications
in such circumstances.
(b) Every horse entered to race shall be placed in a security area as
designated by the Board. The Board, in designating a security area, shall
not require that a horse be placed in a barn or stall other than the barn
or stall assigned to that horse by the racing secretary. The barn or stall
shall be posted as a security area. The trainer of record shall be
responsible for the security of the horse and barn or stall area. The
security area shall be
under the supervision of the Board.
No unauthorized person shall approach the security area. If any
unauthorized person does approach the security area, a report of
the incident is to be made immediately to one of the State veterinarians
or the stewards, or a board investigator.
The provisions of this Section 36a and the treatment authorized herein
shall apply to and be available only for horses entered in and competing in
race meetings as defined in Section 3.07 of this Act.
(Source: P.A. 89-16, eff. 5-30-95.)
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(230 ILCS 5/37) (from Ch. 8, par. 37-37)
Sec. 37.
(a) It shall be unlawful for any person:
(1) to use or conspire to use any battery, buzzer, electrical, mechanical
or other appliances other than the ordinary whip or spur for the purpose
of stimulating or depressing a horse or affecting its speed in a race or
workout or at any time; or
(2) to sponge a horse's nostrils or windpipe or use any method injurious
or otherwise for the purpose of stimulating or depressing a horse or affecting
its speed in a race or a workout at any time; or
(3) to have in his possession within the confines of a race track, sheds,
buildings or grounds, or within the confines of a stable, shed, building
or ground where horses are kept which are eligible to race over a race track
of any racing association or licensee, any appliance other than the ordinary
whip or spur which may or can be used for the purpose of stimulating or
depressing a horse or affecting its speed at any time; or
(4) to have in his possession with the intent to sell, give away or exchange
any of such instrumentalities.
(b) Such possession of such instrumentalities by anyone within the confines
of a race track, stables, sheds, buildings or grounds where horses are kept
which are eligible to race over the race tracks of any racing association
or licensee shall be prima facie evidence of intention to so use such
instrumentalities.
(c) Any persons who violate this Section shall be guilty of a Class 4
felony. The Board shall suspend or revoke such violator's license.
(Source: P.A. 79-1185.)
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(230 ILCS 5/38) (from Ch. 8, par. 37-38)
Sec. 38.
(a) It is unlawful for any person knowingly to enter
or cause to be entered any horse - mare, stallion, gelding, colt
or filly - for competition or knowingly to compete with any horse -
mare, stallion, gelding, colt or filly -- entered for competition under
any name other than its true name or out of its proper class for any
purse, prize, premium, stake or sweepstakes offered or given by any
agricultural or other society, association or persons in the State
where such prize, purse, premium, stake or sweepstakes is to be
decided by a contest of speed.
(b) Any person who violates
this Section is guilty of a Class 4 felony. The Board shall
suspend or revoke the violator's license.
(c) The true name of any horse -- mare, stallion, gelding, colt
or filly -- for the purpose of entry for competition or performance
in any contest of speed shall be the name under which the horse has
publicly performed and shall not be changed after having once so
performed or contested for a prize, purse, premium, stake or
sweepstakes, except as provided by the code of printed rules of
the society or association under which the contest is advertised
to be conducted.
(d) It is further provided that the official records shall
be received in all courts as evidence upon the trial of any
person under this Section.
(Source: P.A. 79-1185.)
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(230 ILCS 5/39) (from Ch. 8, par. 37-39)
Sec. 39.
(a) It shall be unlawful for any person to
engage directly or indirectly or for any person to conspire
with or to aid, assist or abet any other person in the engagement or
commission of any corrupt act or practice, including, but not
limited to:
(1) the giving or offering or promising to give, | ||
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(2) the passing or attempting to pass or the cashing | ||
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(3) the unauthorized sale or the attempt to make an | ||
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(b) Any person who violates this Section is
guilty of a Class 4 felony.
(c) If any person who violates this Section is licensed
under this Act, the Board shall suspend or revoke the organization
or occupation license of that person, in
addition to the penalty and fine imposed in subsection (b).
(Source: P.A. 89-16, eff. 5-30-95.)
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(230 ILCS 5/39.1) (from Ch. 8, par. 37-39.1)
Sec. 39.1.
(a) No person shall, directly or indirectly, accept
anything of value from another to be transmitted or delivered for wager
in any pari-mutuel system of wagering on horse races.
Nothing in this Section prohibits wagering transactions authorized under
this Act.
(b) Any person who violates this Section is guilty of a Class 4
felony.
(Source: P.A. 89-16, eff. 5-30-95.)
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(230 ILCS 5/40) (from Ch. 8, par. 37-40)
Sec. 40.
(a) The imposition of any fine or penalty provided in this Act
shall not preclude the Board in its rules and regulations from imposing a
fine or penalty for any other action which, in the Board's discretion, is a
detriment or impediment to horse racing.
(b) The Director of Agriculture or his or her authorized representative
shall impose the following monetary penalties and hold administrative
hearings as required for failure to submit the following applications,
lists, or reports within the time period, date or manner required by
statute or rule or for removing a foal from Illinois prior to inspection:
(1) late filing of a renewal application for offering | ||
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(A) if an application is submitted no more than | ||
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(B) if an application is submitted no more than | ||
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(C) if an application is submitted more than 45 | ||
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(2) late filing of list or report of mares bred:
(A) if a list or report is submitted no more than | ||
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(B) if a list or report is submitted no more than | ||
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(C) if a list or report is submitted more than 60 | ||
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(3) filing an Illinois foaled thoroughbred mare | ||
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(A) if a report is submitted no more than 30 days | ||
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(B) if a report is submitted no more than 90 days | ||
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(C) if a report is submitted no more than 150 | ||
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(D) if a report is submitted more than 150 days | ||
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(4) late filing of application for foal eligibility | ||
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(A) if an application is submitted no more than | ||
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(B) if an application is submitted no more than | ||
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(C) if an application is submitted no more than | ||
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(D) if an application is submitted more than 150 | ||
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(5) failure to report the intent to remove a foal | ||
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(6) if a list or report of mares bred is incomplete, | ||
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Any person upon whom monetary penalties are imposed under this Section 3
times within a 5-year period shall have any further monetary penalties
imposed at double the amounts set forth above. All monies assessed and
collected for violations relating to thoroughbreds shall be paid into the
Illinois Thoroughbred Breeders Fund. All monies assessed and collected for
violations relating to standardbreds shall be paid into the Illinois Standardbred
Breeders Fund.
(Source: P.A. 100-201, eff. 8-18-17; 101-31, eff. 6-28-19.)
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(230 ILCS 5/41) (from Ch. 8, par. 37-41)
Sec. 41.
Article 28 of the Criminal Code of 2012,
and all other Acts or parts of Acts
inconsistent with the provisions of this Act shall not apply to
pari-mutuel wagering in manner and form as
provided by this Act at any horse race meeting held by any person
having an organization license for the holding of such horse
race meeting as provided by this Act.
(Source: P.A. 97-1150, eff. 1-25-13.)
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(230 ILCS 5/42) (from Ch. 8, par. 37-42)
Sec. 42.
(a) Except as to the distribution of monies
provided for by Sections 28, 29, 30 and 31, nothing whatsoever in this Act
shall
be held or taken to apply to county fairs and State Fairs or to
agricultural and livestock exhibitions where the pari-mutuel system of wagering
upon the result of horses is not
permitted or conducted.
(b) Nothing herein shall be construed to permit the pari-mutuel method of
wagering upon any race track unless such race
track is licensed under this Act. It is hereby declared to be
unlawful for any person to permit, conduct or supervise upon any
race track ground the pari-mutuel method of
wagering except in accordance with the provisions of this Act.
(c) Whoever violates subsection (b) of this Section is guilty of
a Class 4 felony.
(Source: P.A. 89-16, eff. 5-30-95.)
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(230 ILCS 5/43) (from Ch. 8, par. 37-43)
Sec. 43.
Nothing in this Act shall be construed to
prevent the use of any grounds, enclosure or race track owned or
controlled by any organization licensee for any fair, county fair,
State Fair, agricultural or livestock exhibition, even though
horse racing be conducted thereat when no betting, wagering, pool
selling or gambling upon the result of horse racing held is
permitted with the knowledge or acquiescence of the persons
conducting the same and when the pari-mutuel method of
wagering is not conducted.
(Source: P.A. 89-16, eff. 5-30-95.)
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(230 ILCS 5/44) (from Ch. 8, par. 37-44)
Sec. 44.
Nothing in this Act applies to any other method
or manner of racing except the racing of horses as set forth.
(Source: P.A. 79-1185.)
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(230 ILCS 5/45) (from Ch. 8, par. 37-45)
Sec. 45.
It shall be the duty of the Attorney General and the
various State's attorneys in this State in cooperation with the Illinois State Police to enforce
this Act. The Governor may, upon request of the Illinois State Police,
order the law enforcing officers of the various cities and
counties to assign a sufficient number of deputies to aid members of the
Illinois State Police
in preventing horse racing at any track
within the respective jurisdiction of such cities or counties an
organization license for which has been refused, suspended or revoked by
the Board. The Governor may similarly assign such deputies to aid the
Illinois State Police
when, by his determination, additional
forces are needed to preserve the health, welfare or safety of any
person or animal within the grounds of any race track in the State.
(Source: P.A. 102-538, eff. 8-20-21.)
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(230 ILCS 5/46) (from Ch. 8, par. 37-46)
Sec. 46.
All final decisions of the Board hereunder
shall be subject to judicial review pursuant to the provisions of the
"Administrative Review Law", as now or hereafter amended, and
the rules adopted pursuant thereto. The term "administrative
decision" is as defined in Section 3-101 of the Administrative
Review Law, as now or hereafter amended.
(Source: P.A. 83-1539.)
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(230 ILCS 5/47) (from Ch. 8, par. 37-47)
Sec. 47.
If any provision of this Act or the application
thereof to any person or circumstance is held invalid, such
invalidity does not affect other provisions or applications of this
Act which can be given effect without the invalid application or
provision, and to this end the provisions of this Act are declared
to be severable.
(Source: P.A. 79-1185.)
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(230 ILCS 5/49) (from Ch. 8, par. 37-49)
Sec. 49.
The General Assembly declares that it is the policy of this
State to foster the running of the Hambletonian Stakes in Illinois. Should
the Hambletonian stakes no longer be run in Illinois then it is the policy
of the State to foster a race or races at the DuQuoin State Fair, the
Illinois State Fair, and the Illinois county fairs for the benefit of
the harness horse racing industry. In
order to further this policy, the Board shall keep a record of the
moneys deposited in the Agricultural Premium Fund which are derived from
the third and fourth races conducted on each Friday and Saturday during
each harness racing
meeting licensed under this Act, provided that each such Friday and
Saturday program has at least 11 races. Each year, from the moneys in the
Agricultural Premium Fund provided from such races, an appropriation
shall be made to the Department of Agriculture to be used to supplement
the purses offered for, and for other expenses in connection with, the
Hambletonian Stakes or other harness races as authorized in this Section.
(Source: P.A. 86-1458.)
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(230 ILCS 5/51) (from Ch. 8, par. 37-51)
Sec. 51.
(a) (Blank).
(b) All proceedings respecting acts done before the effective date of
this Act shall be determined in
accordance with law and regulations enforced
at the time the acts occurred. All proceedings instituted for actions taken
after the effective date of this Act shall be governed by this Act.
(c) All rules and regulations of the Board
relating
to subjects embraced by this Act shall remain in full force and effect unless
repealed, amended or superseded by rules and regulations issued under this Act.
(d) All orders entered, licenses granted, and pending proceedings instituted
by the Board relating to subjects embraced within
this Act shall remain in full force and effect until superseded by actions
taken under this Act.
(Source: P.A. 89-16, eff. 5-30-95.)
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(230 ILCS 5/52) (from Ch. 8, par. 37-52)
Sec. 52.
(Repealed).
(Source: Repealed by P.A. 89-16, eff. 5-30-95.)
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(230 ILCS 5/53) (from Ch. 8, par. 37-53)
Sec. 53.
(Repealed).
(Source: Repealed by P.A. 89-16, eff. 5-30-95.)
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(230 ILCS 5/54)
Sec. 54. (Repealed).
(Source: P.A. 98-18, eff. 6-7-13. Repealed by P.A. 101-31, eff. 6-28-19.)
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(230 ILCS 5/54.5)
Sec. 54.5. (Repealed).(Source: P.A. 94-804, eff. 5-26-06. Repealed internally, eff. 5-26-08.) |
(230 ILCS 5/54.75)
Sec. 54.75. Horse Racing Equity Trust Fund. (a) There is created a Fund to be known as the Horse
Racing
Equity Trust Fund, which is a non-appropriated trust fund held separate and apart from State moneys. The Fund shall consist of moneys paid into it by owners licensees under
the Illinois Gambling Act for the purposes described in this Section. The Fund shall
be administered
by the Board. Moneys in the Fund shall be distributed as directed and certified by the Board in accordance with the provisions of subsection (b). (b) The moneys deposited into the Fund, plus any accrued interest on those moneys, shall be distributed
within 10 days after those moneys are deposited into the Fund as follows: (1) Sixty percent of all moneys distributed under | ||
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(2) The remaining 40% of the moneys distributed under | ||
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(A) 11% shall be distributed to any person (or | ||
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(B) the remaining 89% shall be distributed pro | ||
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The moneys received by an organization licensee | ||
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If any person identified in this paragraph (2) | ||
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(c) The Board shall monitor organization licensees to ensure that moneys paid to organization licensees under this Section are distributed by the organization licensees as provided in subsection (b).
(Source: P.A. 101-31, eff. 6-28-19.) |
(230 ILCS 5/55)
Sec. 55.
Study concerning account wagering and fixed odds wagering.
The
Board shall study whether
it
would be in the best interests of the horse racing industry and the State of
Illinois to
authorize account wagering and fixed odds wagering. The Board shall file a
written report containing
its findings
with the General Assembly no later than December 31, 1999.
(Source: P.A. 91-40, eff. 6-25-99.)
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(230 ILCS 5/56) Sec. 56. Gaming pursuant to an organization gaming license. (a) A person, firm, corporation, partnership, or limited liability company having operating control of a racetrack may apply to the Gaming Board for an organization gaming license. An organization gaming license shall authorize its holder to conduct gaming on the grounds of the racetrack of which the organization gaming licensee has operating control. Only one organization gaming license may be awarded for any racetrack. A holder of an organization gaming license shall be subject to the Illinois Gambling Act and rules of the Illinois Gaming Board concerning gaming pursuant to an organization gaming license issued under the Illinois Gambling Act. If the person, firm, corporation, or limited liability company having operating control of a racetrack is found by the Illinois Gaming Board to be unsuitable for an organization gaming license under the Illinois Gambling Act and rules of the Gaming Board, that person, firm, corporation, or limited liability company shall not be granted an organization gaming license. Each license shall specify the number of gaming positions that its holder may operate. An organization gaming licensee may not permit patrons under 21 years of age to be present in its organization gaming facility, but the licensee may accept wagers on live racing and inter-track wagers at its organization gaming facility. (b) For purposes of this subsection, "adjusted gross receipts" means an organization gaming licensee's gross receipts less winnings paid to wagerers and shall also include any amounts that would otherwise be deducted pursuant to subsection (a-9) of Section 13 of the Illinois Gambling Act. The adjusted gross receipts by an organization gaming licensee from gaming pursuant to an organization gaming license issued under the Illinois Gambling Act remaining after the payment of taxes under Section 13 of the Illinois Gambling Act shall be distributed as follows: (1) Amounts shall be paid to the purse account at the | ||
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12.75% of annual adjusted gross receipts up to | ||
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20% of annual adjusted gross receipts in excess | ||
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26.5% of annual adjusted gross receipts in excess | ||
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20.5% of annual adjusted gross receipts in excess | ||
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If 2 different breeds race at the same racetrack in | ||
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(2) The remainder shall be retained by the | ||
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(c) Annually, from the purse account of an organization licensee racing thoroughbred horses in this State, except for in Madison County, an amount equal to 12% of the gaming receipts from gaming pursuant to an organization gaming license placed into the purse accounts shall be paid to the Illinois Thoroughbred Breeders Fund and shall be used for owner awards; a stallion program pursuant to paragraph (3) of subsection (g) of Section 30 of this Act; and Illinois conceived and foaled stakes races pursuant to paragraph (2) of subsection (g) of Section 30 of this Act, as specifically designated by the horsemen association representing the largest number of owners and trainers who race at the organization licensee's race meetings. Annually, from the purse account of an organization licensee racing thoroughbred horses in Madison County, an amount equal to 10% of the gaming receipts from gaming pursuant to an organization gaming license placed into the purse accounts shall be paid to the Illinois Thoroughbred Breeders Fund and shall be used for owner awards; a stallion program pursuant to paragraph (3) of subsection (g) of Section 30 of this Act; and Illinois conceived and foaled stakes races pursuant to paragraph (2) of subsection (g) of Section 30 of this Act, as specifically designated by the horsemen association representing the largest number of owners and trainers who race at the organization licensee's race meetings. Annually, from the amounts generated for purses from all sources, including, but not limited to, amounts generated from wagering conducted by organization licensees, organization gaming licensees, inter-track wagering licensees, inter-track wagering locations licensees, and advance deposit wagering licensees, or an organization licensee to the purse account of an organization licensee conducting thoroughbred races at a track in Madison County, an amount equal to 10% of adjusted gross receipts as defined in subsection (b) of this Section shall be paid to the horsemen association representing the largest number of owners and trainers who race at the organization licensee's race meets, to be used to for operational expenses and may be also used for after care programs for retired thoroughbred race horses, backstretch laundry and kitchen facilities, a health insurance or retirement program, the Future Farmers of America, and such other programs. Annually, from the purse account of organization licensees conducting thoroughbred races at racetracks in Cook County, $100,000 shall be paid for division and equal distribution to the animal sciences department of each Illinois public university system engaged in equine research and education on or before the effective date of this amendatory Act of the 101st General Assembly for equine research and education. (d) Annually, from the purse account of an organization licensee racing standardbred horses, an amount equal to 15% of the gaming receipts from gaming pursuant to an organization gaming license placed into that purse account shall be paid to the Illinois Standardbred Breeders Fund. Moneys deposited into the Illinois Standardbred Breeders Fund shall be used for standardbred racing as authorized in paragraphs 1, 2, 3, 8, and 9 of subsection (g) of Section 31 of this Act and for bonus awards as authorized under paragraph 6 of subsection (j) of Section 31 of this Act.
(Source: P.A. 101-31, eff. 6-28-19.) |