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90_SB0547ham001
LRB9000188LDdvam01
1 AMENDMENT TO SENATE BILL 547
2 AMENDMENT NO. . Amend Senate Bill 547 on page 1,
3 line 2, by replacing "Section 31.1" with "Sections 3.075, 20,
4 26, 26.4, and 31.1"; and
5 on page 1, line 6, by replacing "Section 31.1" with "Sections
6 3.075, 20, 26, 26.4, and 31.1"; and
7 on page 1, after line 6, by inserting the following:
8 "(230 ILCS 5/3.075)
9 Sec. 3.075. (a) "Host track" means the organization
10 licensee (i) conducting live thoroughbred racing between the
11 hours of 6:30 a.m. and 6:30 p.m. from the first day to the
12 last day of its horse racing meet as awarded by the Board
13 (including all days within that period when no live racing
14 occurs), except as otherwise provided in subsections (c) and
15 (e) of this Section, or (ii) conducting live standardbred
16 racing between the hours of 6:30 p.m. to 6:30 a.m. of the
17 following day from the first day to the last day of its horse
18 racing meet as awarded by the Board (including all days
19 within that period when no live racing occurs, except as
20 otherwise provided in subsections (b), (d), and (e) of this
21 Section); provided that the organization licensee conducts
22 live racing no fewer than 5 days per week with no fewer than
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1 9 races per day, unless a lesser schedule of live racing is
2 the result of (1) weather, unsafe track conditions, or other
3 acts of God; (2) an agreement between the organization
4 licensee and the associations representing the largest number
5 of owners, trainers, and standardbred drivers who race horses
6 at that organization licensee's race meeting, with the
7 Board's consent; or (3) a decision by the Board after a
8 public hearing (in which the associations representing the
9 owners, trainers, jockeys, or standardbred drivers who race
10 horses at that organization licensee's race meeting shall
11 participate) either at the time racing dates are awarded or
12 after those dates are awarded due to changed financial
13 circumstances, upon a written petition from the organization
14 licensee, accompanied by supporting financial data as
15 requested by the Board, stating that the organization
16 licensee has and will continue to incur significant financial
17 losses. No organization licensee conducting its race meeting
18 in a county bordering the Mississippi River and having a
19 population greater than 230,000 may be a host track for its
20 race meeting.
21 (b) (Blank). Notwithstanding the provisions of
22 subsection (a) of this Section, any organization licensee
23 that conducts a standardbred race meeting fewer than 5 days
24 per week between the hours of 6:30 p.m. and 6:30 a.m. prior
25 to December 31, 1995 in a county with a population of less
26 than 1,000,000 and contiguous to the State of Indiana may be
27 deemed a host track during those hours on days when no other
28 organization licensee is conducting a standardbred race
29 meeting during those hours.
30 (c) In the event 2 organization licensees are conducting
31 thoroughbred race meetings concurrently between the hours of
32 6:30 a.m. and 6:30 p.m., the organization licensee with the
33 most race dates between the hours of 6:30 a.m. and 6:30 p.m.
34 awarded by the Board for that year shall be designated the
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1 host track.
2 (d) Notwithstanding the provisions of subsection (a) of
3 this Section and except as otherwise provided in subsection
4 (e) of this Section, in the event that 2 organization
5 licensees conduct their standardbred race meetings
6 concurrently on any date after January 1, 1996, between the
7 hours of 6:30 p.m. and 6:30 a.m., the organization licensee
8 awarded the most racing dates between 6:30 p.m. and 6:30 a.m.
9 during the calendar year in which that concurrent racing
10 occurs will be deemed the host track, provided that the 2
11 organization licensees collectively conduct live standardbred
12 racing between 6:30 p.m. and 6:30 a.m. during the week in
13 which concurrent race meetings occur no less than 5 days per
14 week with no less than 9 races per day. During each week of
15 the calendar year in which 2 organization licensees are
16 conducting live standardbred race meetings between 6:30 p.m.
17 and 6:30 a.m., if there is any day in that week on which only
18 one organization licensee is conducting a standardbred race
19 meeting between 6:30 p.m. and 6:30 a.m., that organization
20 licensee shall be the host track provided that the 2
21 organization licensees collectively conduct live standardbred
22 racing between 6:30 p.m. and 6:30 a.m. during the week in
23 which concurrent race meetings occur no less than 5 days per
24 week with no less than 9 races per day. During each week of
25 the calendar year in which 2 organization licensees are
26 concurrently conducting live standardbred race meetings on
27 one or more days between 6:30 p.m. and 6:30 a.m., if there is
28 any day in that week on which no organization licensee is
29 conducting a standardbred race meeting between 6:30 p.m. and
30 6:30 a.m., the organization licensee conducting a
31 standardbred race meeting during that week and time period
32 that has been awarded the most racing dates during the
33 calendar year between 6:30 p.m. and 6:30 a.m. shall be the
34 host track, provided that the 2 organization licensees
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1 collectively conduct live standardbred racing between 6:30
2 p.m. and 6:30 a.m. during the week in which concurrent race
3 meetings occur no less than 5 days per week with no less than
4 9 races per day. The requirement in this subsection (d) that
5 live racing be conducted no less than 5 days per week with no
6 less than 9 races per day shall be subject to exceptions set
7 forth in items (1), (2), and (3) of subsection (a) of Section
8 3.075.
9 (e) During the period from January 1 to the third Friday
10 in February, inclusive, if no live thoroughbred racing is
11 occurring in Illinois, the host track between 6:30 a.m. and
12 6:30 p.m. during this period of the year from the first day
13 to the last day of its race meeting including all days when
14 it does not conduct live racing between 6:30 a.m. and 6:30
15 p.m. is the organization licensee that conducts live
16 standardbred racing between 6:30 a.m. and 6:30 p.m. during
17 the week in which its race meeting occurs, provided that the
18 organization licensee conducts live standardbred racing no
19 less than 5 days per week with no less than 9 races per day.
20 If 2 organization licensees are conducting standardbred race
21 meetings concurrently on any day or on different days within
22 the same week between the hours of 6:30 a.m. and 6:30 p.m.
23 during the period from January 1 to the third Friday in
24 February, inclusive, if no live thoroughbred racing is
25 occurring in Illinois during this period, the host track
26 shall be the organization licensee with the most race dates
27 awarded by the Board between 6:30 a.m. and 6:30 p.m. for this
28 period and shall be deemed the host track from the first day
29 to the last day of its race meeting during this period
30 including all days within the period when no live racing
31 occurs, provided that the 2 organization licensees
32 collectively conduct live standardbred racing between 6:30
33 a.m. and 6:30 p.m. during the week in which concurrent race
34 meetings occur no less than 5 days per week with no less than
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1 9 races per day. If 2 organization licenses are conducting
2 standardbred race meetings concurrently on any day between
3 the hours of 6:30 p.m. and 6:30 a.m. of January 1 to the
4 third Friday in February, inclusive, the host track shall be
5 the organization licensee with the most race dates awarded by
6 the Board between 6:30 p.m. and 6:30 a.m. during this period,
7 provided that the 2 organization licensees collectively
8 conduct live standardbred racing between 6:30 p.m. and 6:30
9 a.m. during the week in which concurrent race meetings occur
10 no less than 5 days per week with no less than 9 races per
11 day. The requirement in this subsection (e) that live racing
12 be conducted no less than 5 days per week with no less than 9
13 races per day shall be subject to exceptions set forth in
14 subsections (1), (2), and (3) of subsection (a) of Section
15 3.075.
16 (Source: P.A. 89-16, eff. 5-30-95.)
17 (230 ILCS 5/20) (from Ch. 8, par. 37-20)
18 Sec. 20. (a) Any person desiring to conduct a horse race
19 meeting may apply to the Board for an organization license.
20 The application shall be made on a form prescribed and
21 furnished by the Board. The application shall specify:
22 (1) the dates on which it intends to conduct the
23 horse race meeting, which dates shall be provided under
24 Section 21;
25 (2) the hours of each racing day between which it
26 intends to hold or conduct horse racing at such meeting;
27 (3) the location where it proposes to conduct the
28 meeting;
29 (4) any other information the Board may reasonably
30 require.
31 (b) A separate application for an organization license
32 shall be filed for each horse race meeting which such person
33 proposes to hold. Any such application, if made by an
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1 individual, or by any individual as trustee, shall be signed
2 and verified under oath by such individual. If made by
3 individuals or a partnership, it shall be signed and verified
4 under oath by at least 2 of such individuals or members of
5 such partnership as the case may be. If made by an
6 association, corporation, corporate trustee or any other
7 entity, it shall be signed by the president and attested by
8 the secretary or assistant secretary under the seal of such
9 association, trust or corporation if it has a seal, and shall
10 also be verified under oath by one of the signing officers.
11 (c) The application shall specify the name of the
12 persons, association, trust, or corporation making such
13 application and the post office address of the applicant; if
14 the applicant is a trustee, the names and addresses of the
15 beneficiaries; if a corporation, the names and post office
16 addresses of all officers, stockholders and directors; or if
17 such stockholders hold stock as a nominee or fiduciary, the
18 names and post office addresses of these persons,
19 partnerships, corporations, or trusts who are the beneficial
20 owners thereof or who are beneficially interested therein;
21 and if a partnership, the names and post office addresses of
22 all partners, general or limited; if the applicant is a
23 corporation, the name of the state of its incorporation shall
24 be specified.
25 (d) The applicant shall execute and file with the Board
26 a good faith affirmative action plan to recruit, train, and
27 upgrade minorities in all classifications within the
28 association.
29 (e) With such application there shall be delivered to
30 the Board a certified check or bank draft payable to the
31 order of the Board for an amount equal to $1,000. All
32 applications for the issuance of an organization license
33 shall be filed with the Board before August 1 of the year
34 prior to the year for which application for race dates is
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1 made and shall be acted upon by the Board at a meeting to be
2 held on such date as shall be fixed by the Board during the
3 last 15 days of September of such prior year provided,
4 however, that for applications for 1996 racing dates,
5 applications shall be filed prior to September 1, 1995. At
6 such meeting, the Board shall announce to respective
7 applicants racing dates for the year or years but no
8 announcement shall be considered binding until a formal order
9 is executed by the Board, which shall be executed no later
10 than October 15 of that prior year.
11 (e-5) In reviewing an application for the purpose of
12 granting an organization license consistent with the best
13 interests of the public and the sport of horse racing, the
14 Board shall consider:
15 (1) the character, reputation, experience, and
16 financial integrity of the applicant and of any other
17 separate person that either:
18 (i) controls the applicant, directly or
19 indirectly, or
20 (ii) is controlled, directly or indirectly, by
21 that applicant or by a person who controls, directly
22 or indirectly, that applicant;
23 (2) the applicant's facilities or proposed
24 facilities for conducting horse racing;
25 (3) the total revenue to be derived by the State
26 from the applicant's conducting a race meeting;
27 (4) the applicant's good faith affirmative action
28 plan to recruit, train, and upgrade minorities in all
29 employment classifications;
30 (5) the applicant's financial ability to purchase
31 and maintain adequate liability and casualty insurance;
32 (6) the applicant's proposed and prior year's
33 promotional and marketing activities and expenditures of
34 the applicant associated with those activities;
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1 (7) an agreement, if any, among organization
2 licensees as provided in subsection (b) of Section 21 of
3 this Act; and
4 (8) the extent to which the applicant exceeds or
5 meets other standards for the issuance of an organization
6 license that the Board shall adopt by rule.
7 In granting organization licenses and allocating dates
8 for horse race meetings, the Board shall have discretion to
9 determine an overall schedule, including required simulcasts
10 of Illinois races by host tracks that will, in its judgment,
11 be conducive to the best interests of the public and the
12 sport of horse racing.
13 (e-10) The Illinois Administrative Procedure Act shall
14 apply to administrative procedures of the Board under this
15 Act for the granting of an organization license, except that
16 (1) notwithstanding the provisions of subsection (b) of
17 Section 10-40 of the Illinois Administrative Procedure Act
18 regarding cross-examination, the Board may prescribe rules
19 limiting the right of an applicant or participant in any
20 proceeding to award an organization license to conduct
21 cross-examination of witnesses at that proceeding where that
22 cross-examination would unduly obstruct the timely award of
23 an organization license under subsection (e) of Section 20 of
24 this Act; (2) the provisions of Section 10-45 of the Illinois
25 Administrative Procedure Act regarding proposals for decision
26 are excluded under this Act; (3) notwithstanding the
27 provisions of subsection (a) of Section 10-60 of the Illinois
28 Administrative Procedure Act regarding ex parte
29 communications, the Board may prescribe rules allowing ex
30 parte communications with applicants or participants in a
31 proceeding to award an organization license where conducting
32 those communications would be in the best interest of racing,
33 provided all those communications are made part of the record
34 of that proceeding pursuant to subsection (c) of Section
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1 10-60 of the Illinois Administrative Procedure Act; (4) the
2 provisions of Section 14a of this Act and the rules of the
3 Board promulgated under that Section shall apply instead of
4 the provisions of Article 10 of the Illinois Administrative
5 Procedure Act regarding administrative law judges; and (5)
6 the provisions of subsection (d) of Section 10-65 of the
7 Illinois Administrative Procedure Act that prevent summary
8 suspension of a license pending revocation or other action
9 shall not apply.
10 (f) The Board may allot racing dates to an organization
11 licensee for more than one calendar year but for no more than
12 3 successive calendar years in advance, provided that the
13 Board shall review such allotment for more than one calendar
14 year prior to each year for which such allotment has been
15 made. The granting of an organization license to a person
16 constitutes a privilege to conduct a horse race meeting under
17 the provisions of this Act, and no person granted an
18 organization license shall be deemed to have a vested
19 interest, property right, or future expectation to receive an
20 organization license in any subsequent year as a result of
21 the granting of an organization license. Organization
22 licenses shall be subject to revocation if the organization
23 licensee has violated any provision of this Act or the rules
24 and regulations promulgated under this Act or has been
25 convicted of a crime or has failed to disclose or has stated
26 falsely any information called for in the application for an
27 organization license. Any organization license revocation
28 proceeding shall be in accordance with Section 16 regarding
29 suspension and revocation of occupation licenses.
30 (f-5) If, (i) an applicant does not file an acceptance
31 of the racing dates awarded by the Board as required under
32 part (1) of subsection (h) of this Section 20, or (ii) an
33 organization licensee has its license suspended or revoked
34 under this Act, the Board, upon conducting an emergency
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1 hearing as provided for in this Act, may reaward on an
2 emergency basis pursuant to rules established by the Board,
3 racing dates not accepted or the racing dates associated with
4 any suspension or revocation period to one or more
5 organization licensees, new applicants, or any combination
6 thereof, upon terms and conditions that the Board determines
7 are in the best interest of racing, provided, the
8 organization licensees or new applicants receiving the
9 awarded racing dates file an acceptance of those reawarded
10 racing dates as required under paragraph (1) of subsection
11 (h) of this Section 20 and comply with the other provisions
12 of this Act. The Illinois Administrative Procedures Act
13 shall not apply to the administrative procedures of the Board
14 in conducting the emergency hearing and the reallocation of
15 racing dates on an emergency basis.
16 (g) (Blank).
17 (h) The Board shall send the applicant a copy of its
18 formally executed order by certified mail addressed to the
19 applicant at the address stated in his application, which
20 notice shall be mailed within 5 days of the date the formal
21 order is executed.
22 Each applicant notified shall, within 10 days after
23 receipt of the final executed order of the Board awarding
24 racing dates:
25 (1) file with the Board an acceptance of such award
26 in the form prescribed by the Board;
27 (2) pay to the Board an additional amount equal to
28 $110 for each racing date awarded; and
29 (3) file with the Board the bonds required in
30 Sections 21 and 25 at least 20 days prior to the first
31 day of each race meeting.
32 Upon compliance with the provisions of paragraphs (1), (2),
33 and (3) of this subsection (h), the applicant shall be issued
34 an organization license.
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1 If any applicant fails to comply with this Section or
2 fails to pay the organization license fees herein provided,
3 no organization license shall be issued to such applicant.
4 (Source: P.A. 88-495; 89-16, eff. 5-30-95; 89-626, eff.
5 8-9-96.)
6 (230 ILCS 5/26) (from Ch. 8, par. 37-26)
7 Sec. 26. Wagering.
8 (a) Any licensee may conduct and supervise the
9 pari-mutuel system of wagering, as defined in Section 3.12 of
10 this Act, on horse races conducted by an Illinois
11 organization licensee or conducted at a racetrack located in
12 another state or country and televised in Illinois in
13 accordance with subsection (g) of Section 26 of this Act.
14 Subject to the prior consent of the Board, licensees may
15 supplement any pari-mutuel pool in order to guarantee a
16 minimum distribution. Such pari-mutuel method of wagering
17 shall not, under any circumstances if conducted under the
18 provisions of this Act, be held or construed to be unlawful,
19 other statutes of this State to the contrary notwithstanding.
20 Subject to rules for advance wagering promulgated by the
21 Board, any licensee may accept wagers up to 2 calendar days
22 in advance of the day of the race wagered upon occurs.
23 (b) No other method of betting, pool making, wagering or
24 gambling shall be used or permitted by the licensee. Each
25 licensee may retain, subject to the payment of all applicable
26 taxes and purses, an amount not to exceed 17% of all money
27 wagered under subsection (a) of this Section, except as may
28 otherwise be permitted under this Act.
29 (b-5) An individual may place a wager under the
30 pari-mutuel system from any licensed location authorized
31 under this Act provided that wager is electronically recorded
32 in the manner described in Section 3.12 of this Act. Any
33 wager made electronically by an individual while physically
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1 on the premises of a licensee shall be deemed to have been
2 made at the premises of that licensee.
3 (c) The sum held by any licensee for payment of
4 outstanding pari-mutuel tickets, if unclaimed prior to
5 December 31 of the next year, shall be retained by the
6 licensee for payment of such tickets until that date. Within
7 10 days thereafter, the balance of such sum remaining
8 unclaimed, less any uncashed supplements contributed by such
9 licensee for the purpose of guaranteeing minimum
10 distributions of any pari-mutuel pool, shall be paid to the
11 Illinois Veterans' Rehabilitation Fund of the State treasury,
12 except as provided in subsection (g) of Section 27 of this
13 Act.
14 (d) A pari-mutuel ticket shall be honored until December
15 31 of the next calendar year, and the licensee shall pay the
16 same and may charge the amount thereof against unpaid money
17 similarly accumulated on account of pari-mutuel tickets not
18 presented for payment.
19 (e) No licensee shall knowingly permit any minor, other
20 than an employee of such licensee or an owner, trainer,
21 jockey, driver, or employee thereof, to be admitted during a
22 racing program unless accompanied by a parent or guardian, or
23 any minor to be a patron of the pari-mutuel system of
24 wagering conducted or supervised by it. The admission of any
25 unaccompanied minor, other than an employee of the licensee
26 or an owner, trainer, jockey, driver, or employee thereof at
27 a race track is a Class C misdemeanor.
28 (f) Notwithstanding the other provisions of this Act, an
29 organization licensee may, contract with an entity in another
30 state or country to permit any legal wagering entity in
31 another state or country to accept wagers solely within such
32 other state or country on races conducted by the organization
33 licensee in this State. When the out-of-State entity
34 conducts a pari-mutuel pool separate from the organization
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1 licensee, a privilege tax equal to 7 1/2% of all monies
2 received by the organization licensee from entities in other
3 states or countries pursuant to such contracts is imposed on
4 the organization licensee, and such privilege tax shall be
5 remitted to the Department of Revenue within 48 hours of
6 receipt of the moneys from the simulcast. When the
7 out-of-State entity conducts a combined pari-mutuel pool with
8 the organization licensee, the tax shall be 10% of all monies
9 received by the organization licensee with 25% of the
10 receipts from this 10% tax to be distributed to the county in
11 which the race was conducted.
12 An organization licensee may permit one or more of its
13 races to be utilized for pari-mutuel wagering at one or more
14 locations in other states and may transmit audio and visual
15 signals of races the organization licensee conducts to one or
16 more locations outside the State or country and may also
17 permit pari-mutuel pools in other states or countries to be
18 combined with its gross or net wagering pools or with
19 wagering pools established by other states.
20 (g) A host track may accept interstate simulcast wagers
21 on horse races conducted in other states or countries and
22 shall control the number of signals and types of breeds of
23 racing in its simulcast program, subject to the disapproval
24 of the Board. The Board may prohibit a simulcast program
25 only if it finds that the simulcast program is clearly
26 adverse to the integrity of racing. The host track simulcast
27 program shall include the signal of live racing of all
28 organization licensees. All non-host licensees shall carry
29 the host track simulcast program and accept wagers on all
30 races included as part of the simulcast program upon which
31 wagering is permitted. The costs and expenses of the host
32 track and non-host licensees associated with interstate
33 simulcast wagering, other than the interstate commission fee,
34 shall be borne by the host track and all non-host licensees
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1 incurring these costs. The interstate commission fee shall
2 not exceed 5% of Illinois handle on the interstate simulcast
3 race or races without prior approval of the Board. The Board
4 shall promulgate rules under which it may permit interstate
5 commission fees in excess of 5%. The interstate commission
6 fee shall be uniformly applied to the host track and all
7 non-host licensees.
8 (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
9 intertrack wagering licensee other than the host track
10 may supplement the host track simulcast program with
11 additional simulcast races or race programs, provided
12 that between January 1 and the third Friday in February
13 of any year, inclusive, if no live thoroughbred racing is
14 occurring in Illinois during this period, only
15 thoroughbred races may be used for supplemental
16 interstate simulcast purposes. The Board shall withhold
17 approval for a supplemental interstate simulcast only if
18 it finds that the simulcast is clearly adverse to the
19 integrity of racing. A supplemental interstate simulcast
20 may be transmitted from an intertrack wagering licensee
21 to its affiliated non-host licensees. The interstate
22 commission fee for a supplemental interstate simulcast
23 shall be paid by the non-host licensee and its affiliated
24 non-host licensees receiving the simulcast.
25 (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
26 intertrack wagering licensee other than the host track
27 may receive supplemental interstate simulcasts only with
28 the consent of the host track, except when the Board
29 finds that the simulcast is clearly adverse to the
30 integrity of racing. Consent granted under this
31 paragraph (2) to any intertrack wagering licensee shall
32 be deemed consent to all non-host licensees. The
33 interstate commission fee for the supplemental interstate
34 simulcast shall be paid by all participating non-host
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1 licensees.
2 (3) Each licensee conducting interstate simulcast
3 wagering may retain, subject to the payment of all
4 applicable taxes and the purses, an amount not to exceed
5 17% of all money wagered. If any licensee conducts the
6 pari-mutuel system wagering on races conducted at
7 racetracks in another state or country, each such race or
8 race program shall be considered a separate racing day
9 for the purpose of determining the daily handle and
10 computing the privilege tax of that daily handle as
11 provided in subsection (a) of Section 27. From the sums
12 permitted to be retained pursuant to this subsection,
13 each intertrack wagering location licensee shall pay 1%
14 of the pari-mutuel handle wagered on simulcast wagering
15 to the Horse Racing Tax Allocation Fund, subject to the
16 provisions of subparagraph (B) of paragraph (11) of
17 subsection (h) of Section 26 of this Act.
18 (4) A licensee who receives an interstate simulcast
19 may combine its gross or net pools with pools at the
20 sending racetracks pursuant to rules established by the
21 Board. All licensees combining their gross or net pools
22 with pools at a sending racetrack shall adopt the
23 take-out percentages of the sending racetrack.
24 (5) After the payment of the interstate commission
25 fee (except for the interstate commission fee on a
26 supplemental interstate simulcast, which shall be paid by
27 the host track and by each non-host licensee through the
28 host-track) and all applicable State and local taxes,
29 except as provided in subsection (g) of Section 27 of
30 this Act, the remainder of moneys retained from simulcast
31 wagering pursuant to this subsection (g), and Section
32 26.2 shall be divided as follows:
33 (A) For interstate simulcast wagers made at a
34 host track, 50% to the host track and 50% to purses
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1 at the host track.
2 (B) For interstate simulcast wagers made at a
3 non-host licensee other than as provided in
4 subparagraph (C) of paragraph (5) of this subsection
5 (g) and paragraph (11) of this subsection (g), 25%
6 to the host track, 25% to the non-host licensee, and
7 50% to the purses at the host track.
8 (C) For interstate simulcast wagers made on a
9 supplemental interstate simulcast, 25% to the host
10 track, 25% to the non-host licensee from which the
11 interstate commission fee shall be paid, and 50% to
12 the purses at the host track.
13 (D) For interstate simulcast wagers on a
14 standardbred race or races made at a host track
15 between the hours of 6:30 a.m. and 6:30 p.m. between
16 January 1 and the third Friday in February,
17 inclusive, if no live thoroughbred racing is
18 occurring in Illinois during this period, 50% to the
19 host track and 50% to standardbred purses at the
20 host track.
21 (E) For interstate simulcast wagers on a
22 standardbred race or races made at a non-host
23 licensee between the hours of 6:30 a.m. and 6:30
24 p.m. between January 1 and the third Friday in
25 February, inclusive, if no live thoroughbred racing
26 is occurring in Illinois during this period, 25% to
27 the host track, 25% to the non-host licensee, and
28 50% to standardbred purses at the host track.
29 (F) For interstate simulcast wagers on a
30 thoroughbred race or races at a host track between
31 the hours of 6:30 a.m. and 6:30 p.m. between January
32 1 and the third Friday in February, inclusive, if no
33 live thoroughbred racing is occurring in Illinois
34 during this period, 50% to the host track and 50% to
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1 the host track's interstate simulcast purse pool to
2 be distributed under paragraph (9) of this
3 subsection (g).
4 (G) For interstate simulcast wagers on a
5 thoroughbred race or races at a non-host licensee
6 between the hours of 6:30 a.m. and 6:30 p.m. between
7 January 1 and the third Friday in February,
8 inclusive, if no live thoroughbred racing is
9 occurring in Illinois during this period, 25% to the
10 host track, 25% to the non-host licensee, and 50% to
11 the host track's interstate simulcast purse pool to
12 be distributed under paragraph (9) of this
13 subsection (g).
14 (H) For supplemental interstate simulcast
15 wagers on a thoroughbred race or races at a non-host
16 licensee between the hours of 6:30 a.m. and 6:30
17 p.m. between January 1 and the third Friday in
18 February, inclusive, if no live thoroughbred racing
19 is occurring in Illinois during this period, 50% to
20 the non-host licensee and 50% to thoroughbred purses
21 at the track from which the non-host licensee
22 derives its license.
23 (I) For interstate simulcast wagers at a host
24 track and non-host licensees between the hours of
25 6:30 p.m. and 6:30 a.m. between January 1 and the
26 third Friday in February, inclusive, if no live
27 thoroughbred racing is occurring in Illinois during
28 this period, as set forth in subparagraphs (A), (B),
29 and (C) of this paragraph (5) and paragraph (8.1) of
30 subsection (g).
31 (J) For interstate simulcast wagers at a host
32 track and non-host licensees on thoroughbred and
33 standardbred races between January 1 and the third
34 Friday in February, inclusive, if thoroughbred
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1 horses are racing in Illinois during this period, as
2 set forth in subparagraphs (A), (B), and (C) of this
3 paragraph (5).
4 (6) Notwithstanding any provision in this Act to
5 the contrary, non-host licensees who derive their
6 licenses from a track located in a county with a
7 population in excess of 230,000 and that borders the
8 Mississippi River may receive supplemental interstate
9 simulcast races at all times subject to Board approval,
10 which shall be withheld only upon a finding that a
11 supplemental interstate simulcast is clearly adverse to
12 the integrity of racing.
13 (7) Notwithstanding any provision of this Act to
14 the contrary, after payment of all applicable State and
15 local taxes and interstate commission fees, non-host
16 licensees who derive their licenses from a track located
17 in a county with a population in excess of 230,000 and
18 that borders the Mississippi River shall retain 50% of
19 the retention from interstate simulcast wagers and shall
20 pay 50% to purses at the track from which the non-host
21 licensee derives its license as follows:
22 (A) Between January 1 and the third Friday in
23 February, inclusive, if no live thoroughbred racing
24 is occurring in Illinois during this period, when
25 the interstate simulcast is a standardbred race, the
26 purse share to its standardbred purse account;
27 (B) Between January 1 and the third Friday in
28 February, inclusive, if no live thoroughbred racing
29 is occurring in Illinois during this period, and the
30 interstate simulcast is a thoroughbred race, the
31 purse share to its interstate simulcast purse pool
32 to be distributed under paragraph (10) of this
33 subsection (g);
34 (C) Between January 1 and the third Friday in
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1 February, inclusive, if live thoroughbred racing is
2 occurring in Illinois, between 6:30 a.m. and 6:30
3 p.m. the purse share from wagers made during this
4 time period to its thoroughbred purse account and
5 between 6:30 p.m. and 6:30 a.m. the purse share from
6 wagers made during this time period to its
7 standardbred purse accounts;
8 (D) Between the third Saturday in February and
9 December 31, when the interstate simulcast occurs
10 between the hours of 6:30 a.m. and 6:30 p.m., the
11 purse share to its thoroughbred purse account;
12 (E) Between the third Saturday in February and
13 December 31, when the interstate simulcast occurs
14 between the hours of 6:30 p.m. and 6:30 a.m., the
15 purse share to its standardbred purse account.
16 (8) Notwithstanding any provision in this Act to
17 the contrary, an organization licensee from a track
18 located in a county with a population in excess of
19 230,000 and that borders the Mississippi River and its
20 affiliated non-host licensees shall not be entitled to
21 share in any retention generated on racing, inter-track
22 wagering, or simulcast wagering at any other Illinois
23 track.
24 (8.1) Notwithstanding any provisions in this Act to
25 the contrary, if 2 organization licensees are conducting
26 standardbred race meetings concurrently between the hours
27 of 6:30 p.m. and 6:30 a.m., after payment of all
28 applicable State and local taxes and interstate
29 commission fees, the remainder of the amount retained
30 from simulcast wagering otherwise attributable to the
31 host track and to host track purses shall be split daily
32 between the 2 organization licensees and the purses at
33 the tracks of the 2 organization licensees, respectively,
34 based on each organization licensee's share of the total
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1 live handle for that day, provided that this provision
2 shall not apply to any non-host licensee that derives its
3 license from a track located in a county with a
4 population in excess of 230,000 and that borders the
5 Mississippi River.
6 (9) The amount paid to an interstate simulcast
7 purse pool under subparagraphs (F) and (G) of paragraph
8 (5) of this subsection (g) shall be distributed as
9 follows:
10 (A) First to supplement the standardbred purse
11 account of the host track such that purses earned
12 for a single standardbred race program between the
13 hours of 6:30 a.m. and 6:30 p.m. of the host track
14 between January 1 and the third Friday in February,
15 if no live thoroughbred racing is occurring in
16 Illinois during this period, equals $75,000. For
17 any race program during this period where the number
18 of live races is less than 9, the guarantee of
19 purses for that program shall be reduced by $8,333
20 for each race fewer than 9;
21 (B) Any amount remaining in the simulcast
22 purse pool after the payments required in
23 subparagraph (A) of this paragraph (9) shall be
24 distributed 50% to the standardbred purse account at
25 the host track and 50% to thoroughbred purse
26 accounts, excluding purse accounts at tracks located
27 in a county with a population in excess of 230,000
28 and that borders the Mississippi River. The
29 thoroughbred purse share shall be distributed to
30 thoroughbred tracks on a pro rata basis based on
31 each track's 1994 Illinois on-track handle on live
32 thoroughbred races relative to total 1994 Illinois
33 on-track handle on live thoroughbred races,
34 excluding handle on live thoroughbred races at a
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1 track located in a county with a population in
2 excess of 230,000 and that borders the Mississippi
3 River;
4 (10) The amount paid to the interstate simulcast
5 purse pool under subparagraph (B) of paragraph (7) of
6 this subsection (g) shall be distributed as follows:
7 (A) First, to supplement the standardbred
8 purse account such that the purses earned for each
9 standardbred race program between January 1 and the
10 third Friday in February, if no live thoroughbred
11 racing is occurring in Illinois during this period,
12 equals $24,000. For any program during this period
13 where the number of live races is less than 9, the
14 $24,000 purse guarantee shall be reduced by $2,666
15 per race.
16 (B) Any amount remaining in the simulcast
17 purse pool after the payment required in
18 subparagraph (A) of this paragraph (10) shall be
19 distributed 50% to standardbred purses and 50% to
20 thoroughbred purses at the race track specified in
21 paragraph (7) of this subsection (g).
22 (11) (Blank). Notwithstanding any provision in this
23 Act to the contrary, subsequent to the effective date of
24 this amendatory Act of 1995 and prior to December 31,
25 1995, a non-host licensee that conducts live standardbred
26 racing between the hours of 6:30 a.m. and 6:30 p.m. on
27 Tuesdays at a track located in a county with a population
28 of less than 1,000,000 and that is contiguous to the
29 State of Indiana may retain for its own account and its
30 purse account for standardbred racing between the hours
31 of 6:30 a.m. and 6:30 p.m. on Tuesdays:
32 (A) All commissions and all purse monies
33 generated at the non-host licensee's race track from
34 simulcast wagering during its live program between
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1 6:30 a.m. and 6:30 p.m. on each Tuesday, which would
2 otherwise be allocated to the host track and purses
3 at the host track and purses as provided in
4 subparagraph (B) of paragraph (5) of this subsection
5 (g); and
6 (B) To the extent the amounts described in
7 subparagraph (A) of paragraph (11) of this
8 subsection (g) are insufficient to equal the average
9 amount of commissions and the average amount of
10 purses earned on standardbred racing at the non-host
11 licensee's track between 6:30 a.m. and 6:30 p.m. on
12 Tuesdays during the 1994 calendar year as determined
13 by the Board, during the days the non-host
14 licensee's track conducts standardbred racing
15 between 6:30 a.m. and 6:30 p.m. on each Tuesday from
16 July 1, 1995, to December 31, 1995, all inter-track
17 wagering location licensees, except inter-track
18 wagering location licensees affiliated with a track
19 location in a county with a population of 230,000
20 and that borders the Mississippi River shall
21 allocate from amounts retained from simulcast
22 wagering between 6:30 a.m. and 6:30 p.m. on each
23 Tuesday from July 1, 1995, to December 31, 1995
24 which would otherwise be allocated to the host track
25 and purses at the host track, as provided in
26 subparagraph (B) of paragraph (5) of this subsection
27 (g), to the non-host track and purses at the
28 non-host licensee, on a pro rata basis, based on
29 each inter-track wagering location licensee's share
30 of the total handle on simulcast wagering at the
31 facilities of all inter-track wagering location
32 licensees, excluding those intertrack wagering
33 location licensees affiliated with a track located
34 in a county with a population of 230,000 and that
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1 borders the Mississippi River for that Tuesday, so
2 that the non-host licensee's commissions and purses
3 earned for standardbred racing between 6:30 a.m. and
4 6:30 p.m. on the given Tuesday in 1995 equals the
5 average amount of commissions and purses earned on
6 standardbred racing at the non-host licensee's track
7 between 6:30 a.m. and 6:30 p.m. on Tuesdays during
8 the 1994 calendar year as determined by the Board.
9 Within 72 hours after the non-host licensee holds
10 standardbred races between 6:30 a.m. and 6:30 p.m.
11 in calendar year 1995 on a Tuesday and after
12 enactment of this amendatory Act of 1995, the Board
13 shall notify each inter-track wagering location
14 licensee of the amount from its simulcast wagering
15 between 6:30 a.m. and 6:30 p.m. on each Tuesday in
16 1995 to be allocated to the non-host licensee and
17 purses for standardbred racing at the non-host
18 licensee for that Tuesday.
19 (12) The Board shall have authority to compel all
20 host tracks to receive the simulcast of any or all races
21 conducted at the Springfield or DuQuoin State fairgrounds
22 and include all such races as part of their simulcast
23 programs.
24 (13) Notwithstanding any other provision of this
25 Act, in the event that the total Illinois pari-mutuel
26 handle on Illinois horse races at all wagering facilities
27 in any calendar year is less than 75% of the total
28 Illinois pari-mutuel handle on Illinois horse races at
29 all such wagering facilities for calendar year 1994, then
30 each wagering facility that has an annual total Illinois
31 pari-mutuel handle on Illinois horse races that is less
32 than 75% of the total Illinois pari-mutuel handle on
33 Illinois horse races at such wagering facility for
34 calendar year 1994, shall be permitted to receive, from
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1 any amount otherwise payable to the purse account at the
2 race track with which the wagering facility is affiliated
3 in the succeeding calendar year, an amount equal to 2% of
4 the differential in total Illinois pari-mutuel handle on
5 Illinois horse races at the wagering facility between
6 that calendar year in question and 1994 provided,
7 however, that a wagering facility shall not be entitled
8 to any such payment until the Board certifies in writing
9 to the wagering facility the amount to which the wagering
10 facility is entitled and a schedule for payment of the
11 amount to the wagering facility, based on: (i) the racing
12 dates awarded to the race track affiliated with the
13 wagering facility during the succeeding year; (ii) the
14 sums available or anticipated to be available in the
15 purse account of the race track affiliated with the
16 wagering facility for purses during the succeeding year;
17 and (iii) the need to ensure reasonable purse levels
18 during the payment period. The Board's certification
19 shall be provided no later than January 31 of the
20 succeeding year. In the event a wagering facility
21 entitled to a payment under this paragraph (13) is
22 affiliated with a race track that maintains purse
23 accounts for both standardbred and thoroughbred racing,
24 the amount to be paid to the wagering facility shall be
25 divided between each purse account pro rata, based on the
26 amount of Illinois handle on Illinois standardbred and
27 thoroughbred racing respectively at the wagering facility
28 during the previous calendar year.
29 (h) The Board may approve and license the conduct of
30 inter-track wagering and simulcast wagering by inter-track
31 wagering licensees and inter-track wagering location
32 licensees subject to the following terms and conditions:
33 (1) Any person licensed to conduct a race meeting
34 at a track where 60 or more days of racing were conducted
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1 during the immediately preceding calendar year or where
2 over the 5 immediately preceding calendar years an
3 average of 30 or more days of racing were conducted
4 annually or at a track located in a county that is
5 bounded by the Mississippi River, which has a population
6 of less than 150,000 according to the 1990 decennial
7 census, and an average of at least 60 days of racing per
8 year between 1985 and 1993 may be issued an inter-track
9 wagering license. Any such person having operating
10 control of the racing facility may also receive up to 6
11 inter-track wagering location licenses. In no event shall
12 more than 6 inter-track wagering locations be established
13 for each eligible race track, except that an eligible
14 race track located in a county that has a population of
15 more than 230,000 and that is bounded by the Mississippi
16 River may establish up to 7 inter-track wagering
17 locations. An application for said license shall be filed
18 with the Board prior to such dates as may be fixed by the
19 Board. With an application for an inter-track wagering
20 location license there shall be delivered to the Board a
21 certified check or bank draft payable to the order of the
22 Board for an amount equal to $500. The application shall
23 be on forms prescribed and furnished by the Board. The
24 application shall comply with all other rules,
25 regulations and conditions imposed by the Board in
26 connection therewith.
27 (2) The Board shall examine the applications with
28 respect to their conformity with this Act and the rules
29 and regulations imposed by the Board. If found to be in
30 compliance with the Act and rules and regulations of the
31 Board, the Board may then issue a license to conduct
32 inter-track wagering and simulcast wagering to such
33 applicant. All such applications shall be acted upon by
34 the Board at a meeting to be held on such date as may be
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1 fixed by the Board.
2 (3) In granting licenses to conduct inter-track
3 wagering and simulcast wagering, the Board shall give due
4 consideration to the best interests of the public, of
5 horse racing, and of maximizing revenue to the State.
6 (4) Prior to the issuance of a license to conduct
7 inter-track wagering and simulcast wagering, the
8 applicant shall file with the Board a bond payable to the
9 State of Illinois in the sum of $50,000, executed by the
10 applicant and a surety company or companies authorized to
11 do business in this State, and conditioned upon (i) the
12 payment by the licensee of all taxes due under Section 27
13 or 27.1 and any other monies due and payable under this
14 Act, and (ii) distribution by the licensee, upon
15 presentation of the winning ticket or tickets, of all
16 sums payable to the patrons of pari-mutuel pools.
17 (5) Each license to conduct inter-track wagering
18 and simulcast wagering shall specify the person to whom
19 it is issued, the dates on which such wagering is
20 permitted, and the track or location where the wagering
21 is to be conducted.
22 (6) All wagering under such license is subject to
23 this Act and to the rules and regulations from time to
24 time prescribed by the Board, and every such license
25 issued by the Board shall contain a recital to that
26 effect.
27 (7) An inter-track wagering licensee or inter-track
28 wagering location licensee may accept wagers at the track
29 or location where it is licensed, or as otherwise
30 provided under this Act.
31 (8) Inter-track wagering or simulcast wagering
32 shall not be conducted at any track less than 5 miles
33 from a track at which a racing meeting is in progress.
34 (8.1) Inter-track wagering location licensees who
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1 derive their licenses from a particular organization
2 licensee shall conduct inter-track wagering and simulcast
3 wagering only at locations which are either within 90
4 miles of that race track where the particular
5 organization licensee is licensed to conduct racing, or
6 within 135 miles of that race track where the particular
7 organization licensee is licensed to conduct racing in
8 the case of race tracks in counties of less than 400,000
9 that were operating on or before June 1, 1986. However,
10 inter-track wagering and simulcast wagering shall not be
11 conducted by those licensees at any location within 5
12 miles of any race track at which a horse race meeting has
13 been licensed in the current year, unless the person
14 having operating control of such race track has given its
15 written consent to such inter-track wagering location
16 licensees, which consent must be filed with the Board at
17 or prior to the time application is made.
18 (8.2) Inter-track wagering or simulcast wagering
19 shall not be conducted by an inter-track wagering
20 location licensee at any location within 500 feet of an
21 existing church or existing school, nor within 500 feet
22 of the residences of more than 50 registered voters
23 without receiving written permission from a majority of
24 the registered voters at such residences. Such written
25 permission statements shall be filed with the Board. The
26 distance of 500 feet shall be measured to the nearest
27 part of any building used for worship services, education
28 programs, residential purposes, or conducting inter-track
29 wagering by an inter-track wagering location licensee,
30 and not to property boundaries. However, inter-track
31 wagering or simulcast wagering may be conducted at a site
32 within 500 feet of a church, school or residences of 50
33 or more registered voters if such church, school or
34 residences have been erected or established, or such
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1 voters have been registered, after the Board issues the
2 original inter-track wagering location license at the
3 site in question. Inter-track wagering location licensees
4 may conduct inter-track wagering and simulcast wagering
5 only in areas that are zoned for commercial or
6 manufacturing purposes or in areas for which a special
7 use has been approved by the local zoning authority.
8 However, no license to conduct inter-track wagering and
9 simulcast wagering shall be granted by the Board with
10 respect to any inter-track wagering location within the
11 jurisdiction of any local zoning authority which has, by
12 ordinance or by resolution, prohibited the establishment
13 of an inter-track wagering location within its
14 jurisdiction. However, inter-track wagering and
15 simulcast wagering may be conducted at a site if such
16 ordinance or resolution is enacted after the Board
17 licenses the original inter-track wagering location
18 licensee for the site in question.
19 (9) (Blank).
20 (10) An inter-track wagering licensee or an
21 inter-track wagering location licensee may retain,
22 subject to the payment of the privilege taxes and the
23 purses, an amount not to exceed 17% of all money wagered.
24 Each program of racing conducted by each inter-track
25 wagering licensee or inter-track wagering location
26 licensee shall be considered a separate racing day for
27 the purpose of determining the daily handle and computing
28 the privilege tax on such daily handle as provided in
29 Section 27.1.
30 (10.1) Except as provided in subsection (g) of
31 Section 27 of this Act, inter-track wagering location
32 licensees shall pay 1% of the pari-mutuel handle at each
33 location to the municipality in which such location is
34 situated and 1% of the pari-mutuel handle at each
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1 location to the county in which such location is
2 situated. In the event that an inter-track wagering
3 location licensee is situated in an unincorporated area
4 of a county, such licensee shall pay 2% of the
5 pari-mutuel handle from such location to such county.
6 (10.2) Notwithstanding any other provision of this
7 Act, with respect to intertrack wagering at a race track
8 located in a county that has a population of more than
9 230,000 and that is bounded by the Mississippi River
10 ("the first race track"), or at a facility operated by an
11 inter-track wagering licensee or inter-track wagering
12 location licensee that derives its license from the
13 organization licensee that operates the first race track,
14 on races conducted at the first race track or on races
15 conducted at another Illinois race track and
16 simultaneously televised to the first race track or to a
17 facility operated by an inter-track wagering licensee or
18 inter-track wagering location licensee that derives its
19 license from the organization licensee that operates the
20 first race track, those moneys shall be allocated as
21 follows:
22 (A) That portion of all moneys wagered on
23 standardbred racing that is required under this Act
24 to be paid to purses shall be paid to purses for
25 standardbred races.
26 (B) That portion of all moneys wagered on
27 thoroughbred racing that is required under this Act
28 to be paid to purses shall be paid to purses for
29 thoroughbred races.
30 (11) (A) After payment of the privilege tax, any
31 other applicable taxes, and the costs and expenses in
32 connection with the gathering, transmission, and
33 dissemination of all data necessary to the conduct of
34 inter-track wagering, the remainder of the monies
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1 retained under either Section 26 or Section 26.2 of this
2 Act by the inter-track wagering licensee on inter-track
3 wagering shall be allocated with 50% to be split between
4 the 2 participating licensees and 50% to purses, except
5 that an intertrack wagering licensee that derives its
6 license from a track located in a county with a
7 population in excess of 230,000 and that borders the
8 Mississippi River shall not divide any remaining
9 retention with the Illinois organization licensee that
10 provides the race or races, and an intertrack wagering
11 licensee that accepts wagers on races conducted by an
12 organization licensee that conducts a race meet in a
13 county with a population in excess of 230,000 and that
14 borders the Mississippi River shall not divide any
15 remaining retention with that organization licensee.
16 (B) From the sums permitted to be retained pursuant
17 to this Act each inter-track wagering location licensee
18 shall pay (i) the privilege tax to the State; (ii) 4% of
19 the pari-mutuel handle on intertrack wagering at such
20 location on races as purses, except that an intertrack
21 wagering location licensee that derives its license from
22 a track located in a county with a population in excess
23 of 230,000 and that borders the Mississippi River shall
24 retain all purse moneys for its own purse account
25 consistent with distribution set forth in this subsection
26 (h), and intertrack wagering location licensees that
27 accept wagers on races conducted by an organization
28 licensee located in a county with a population in excess
29 of 230,000 and that borders the Mississippi River shall
30 distribute all purse moneys to purses at the operating
31 host track; (iii) except as provided in subsection (g) of
32 Section 27 of this Act, 1% of the pari-mutuel handle
33 wagered on inter-track wagering and simulcast wagering at
34 each inter-track wagering location licensee facility to
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1 the Horse Racing Tax Allocation Fund, provided that, to
2 the extent the total amount collected and distributed to
3 the Horse Racing Tax Allocation Fund under this
4 subsection (h) during any calendar year exceeds the
5 amount collected and distributed to the Horse Racing Tax
6 Allocation Fund during calendar year 1994, that excess
7 amount shall be redistributed (I) to all inter-track
8 wagering location licensees, based on each licensee's
9 pro-rata share of the total handle from inter-track
10 wagering and simulcast wagering for all inter-track
11 wagering location licensees during the calendar year in
12 which this provision is applicable; then (II) the amounts
13 redistributed to each inter-track wagering location
14 licensee as described in subpart (I) shall be further
15 redistributed as provided in subparagraph (B) of
16 paragraph (5) of subsection (g) of this Section 26
17 provided first, that the shares of those amounts, which
18 are to be redistributed to the host track or to purses at
19 the host track under subparagraph (B) of paragraph (5) of
20 subsection (g) of this Section 26 shall be redistributed
21 based on each host track's pro rata share of the total
22 inter-track wagering and simulcast wagering handle at all
23 host tracks during the calendar year in question, and
24 second, that any amounts redistributed as described in
25 part (I) to an inter-track wagering location licensee
26 that accepts wagers on races conducted by an organization
27 licensee that conducts a race meet in a county with a
28 population in excess of 230,000 and that borders the
29 Mississippi River shall be further redistributed as
30 provided in subparagraphs (D) and (E) of paragraph (7) of
31 subsection (g) of this Section 26, with the portion of
32 that further redistribution allocated to purses at that
33 organization licensee to be divided between standardbred
34 purses and thoroughbred purses based on the amounts
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1 otherwise allocated to purses at that organization
2 licensee during the calendar year in question; and (iv)
3 8% of the pari-mutuel handle on inter-track wagering
4 wagered at such location to satisfy all costs and
5 expenses of conducting its wagering. The remainder of the
6 monies retained by the inter-track wagering location
7 licensee shall be allocated 40% to the location licensee
8 and 60% to the organization licensee which provides the
9 Illinois races to the location, except that an intertrack
10 wagering location licensee that derives its license from
11 a track located in a county with a population in excess
12 of 230,000 and that borders the Mississippi River shall
13 not divide any remaining retention with the organization
14 licensee that provides the race or races and an
15 intertrack wagering location licensee that accepts wagers
16 on races conducted by an organization licensee that
17 conducts a race meet in a county with a population in
18 excess of 230,000 and that borders the Mississippi River
19 shall not divide any remaining retention with the
20 organization licensee. Notwithstanding the provisions of
21 clauses (ii) and (iv) of this paragraph, in the case of
22 the additional inter-track wagering location licenses
23 authorized under paragraph (1) of this subsection (h) by
24 this amendatory Act of 1991, those licensees shall pay
25 the following amounts as purses: during the first 12
26 months the licensee is in operation, 4.5% of the
27 pari-mutuel handle wagered at the location on races;
28 during the second 12 months, 4.5%; during the third 12
29 months, 5%; during the fourth 12 months, 5.5%; and during
30 the fifth 12 months and thereafter, 6%. The following
31 amounts shall be retained by the licensee to satisfy all
32 costs and expenses of conducting its wagering: during the
33 first 12 months the licensee is in operation, 7.5% of the
34 pari-mutuel handle wagered at the location; during the
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1 second 12 months, 7.5%; during the third 12 months, 7%;
2 during the fourth 12 months, 6.5%; and during the fifth
3 12 months and thereafter, 6%. For additional intertrack
4 wagering location licensees authorized under this
5 amendatory Act of 1995, purses for the first 12 months
6 the licensee is in operation shall be 5% of the
7 pari-mutuel wagered at the location, purses for the
8 second 12 months the licensee is in operation shall be 5
9 1/2%, and purses thereafter shall be 6%. For additional
10 intertrack location licensees authorized under this
11 amendatory Act of 1995, the licensee shall be allowed to
12 retain to satisfy all costs and expenses: 7% of the
13 pari-mutuel handle wagered at the location during its
14 first 12 months of operation, 6.5% during its second 12
15 months of operation, and 6% thereafter.
16 (C) There is hereby created the Horse Racing Tax
17 Allocation Fund.
18 All monies paid into the Horse Racing Tax Allocation
19 Fund pursuant to this paragraph (11) by inter-track
20 wagering location licensees located in park districts of
21 500,000 population or less, or in a municipality that is
22 not included within any park district but is included
23 within a conservation district and is the county seat of
24 a county that (i) is contiguous to the state of Indiana
25 and (ii) has a 1990 population of 88,257 according to the
26 United States Bureau of the Census, and operating on May
27 1, 1994 shall be allocated by appropriation as follows:
28 Two-sevenths to the Department of Agriculture.
29 Fifty percent of this two-sevenths shall be used to
30 promote the Illinois horse racing and breeding
31 industry, and shall be distributed by the Department
32 of Agriculture upon the advice of a 9-member
33 committee appointed by the Governor consisting of
34 the following members: the Director of Agriculture,
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1 who shall serve as chairman; 2 representatives of
2 organization licensees conducting thoroughbred race
3 meetings in this State, recommended by those
4 licensees; 2 representatives of organization
5 licensees conducting standardbred race meetings in
6 this State, recommended by those licensees; a
7 representative of the Illinois Thoroughbred Breeders
8 and Owners Foundation, recommended by that
9 Foundation; a representative of the Illinois
10 Standardbred Owners and Breeders Association,
11 recommended by that Association; a representative of
12 the Horsemen's Benevolent and Protective Association
13 or any successor organization thereto established in
14 Illinois comprised of the largest number of owners
15 and trainers, recommended by that Association or
16 that successor organization; and a representative of
17 the Illinois Harness Horsemen's Association,
18 recommended by that Association. Committee members
19 shall serve for terms of 2 years, commencing January
20 1 of each even-numbered year. If a representative
21 of any of the above-named entities has not been
22 recommended by January 1 of any even-numbered year,
23 the Governor shall appoint a committee member to
24 fill that position. Committee members shall receive
25 no compensation for their services as members but
26 shall be reimbursed for all actual and necessary
27 expenses and disbursements incurred in the
28 performance of their official duties. The remaining
29 50% of this two-sevenths shall be distributed to
30 county fairs for premiums and rehabilitation as set
31 forth in the Agricultural Fair Act;
32 Four-sevenths to park districts or
33 municipalities that do not have a park district of
34 500,000 population or less for museum purposes (if
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1 an inter-track wagering location licensee is located
2 in such a park district) or to conservation
3 districts for museum purposes (if an inter-track
4 wagering location licensee is located in a
5 municipality that is not included within any park
6 district but is included within a conservation
7 district and is the county seat of a county that (i)
8 is contiguous to the state of Indiana and (ii) has a
9 1990 population of 88,257 according to the United
10 States Bureau of the Census, except that if the
11 conservation district does not maintain a museum,
12 the monies shall be allocated equally between the
13 county and the municipality in which the inter-track
14 wagering location licensee is located for general
15 purposes) or to a municipal recreation board for
16 park purposes (if an inter-track wagering location
17 licensee is located in a municipality that is not
18 included within any park district and park
19 maintenance is the function of the municipal
20 recreation board and the municipality has a 1990
21 population of 9,302 according to the United States
22 Bureau of the Census); provided that the monies are
23 distributed to each park district or conservation
24 district or municipality that does not have a park
25 district in an amount equal to four-sevenths of the
26 amount collected by each inter-track wagering
27 location licensee within the park district or
28 conservation district or municipality for the Fund.
29 Monies that were paid into the Horse Racing Tax
30 Allocation Fund before the effective date of this
31 amendatory Act of 1991 by an inter-track wagering
32 location licensee located in a municipality that is
33 not included within any park district but is
34 included within a conservation district as provided
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1 in this paragraph shall, as soon as practicable
2 after the effective date of this amendatory Act of
3 1991, be allocated and paid to that conservation
4 district as provided in this paragraph. Any park
5 district or municipality not maintaining a museum
6 may deposit the monies in the corporate fund of the
7 park district or municipality where the inter-track
8 wagering location is located, to be used for general
9 purposes; and
10 One-seventh to the Agricultural Premium Fund to
11 be used for distribution to agricultural home
12 economics extension councils in accordance with "An
13 Act in relation to additional support and finances
14 for the Agricultural and Home Economic Extension
15 Councils in the several counties of this State and
16 making an appropriation therefor", approved July 24,
17 1967.
18 All other monies paid into the Horse Racing Tax
19 Allocation Fund pursuant to this paragraph (11) shall be
20 allocated by appropriation as follows:
21 Two-sevenths to the Department of Agriculture.
22 Fifty percent of this two-sevenths shall be used to
23 promote the Illinois horse racing and breeding
24 industry, and shall be distributed by the Department
25 of Agriculture upon the advice of a 9-member
26 committee appointed by the Governor consisting of
27 the following members: the Director of Agriculture,
28 who shall serve as chairman; 2 representatives of
29 organization licensees conducting thoroughbred race
30 meetings in this State, recommended by those
31 licensees; 2 representatives of organization
32 licensees conducting standardbred race meetings in
33 this State, recommended by those licensees; a
34 representative of the Illinois Thoroughbred Breeders
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1 and Owners Foundation, recommended by that
2 Foundation; a representative of the Illinois
3 Standardbred Owners and Breeders Association,
4 recommended by that Association; a representative of
5 the Horsemen's Benevolent and Protective Association
6 or any successor organization thereto established in
7 Illinois comprised of the largest number of owners
8 and trainers, recommended by that Association or
9 that successor organization; and a representative of
10 the Illinois Harness Horsemen's Association,
11 recommended by that Association. Committee members
12 shall serve for terms of 2 years, commencing January
13 1 of each even-numbered year. If a representative
14 of any of the above-named entities has not been
15 recommended by January 1 of any even-numbered year,
16 the Governor shall appoint a committee member to
17 fill that position. Committee members shall receive
18 no compensation for their services as members but
19 shall be reimbursed for all actual and necessary
20 expenses and disbursements incurred in the
21 performance of their official duties. The remaining
22 50% of this two-sevenths shall be distributed to
23 county fairs for premiums and rehabilitation as set
24 forth in the Agricultural Fair Act;
25 Four-sevenths to museums and aquariums located
26 in park districts of over 500,000 population;
27 provided that the monies are distributed in
28 accordance with the previous year's distribution of
29 the maintenance tax for such museums and aquariums
30 as provided in Section 2 of the Park District
31 Aquarium and Museum Act; and
32 One-seventh to the Agricultural Premium Fund to
33 be used for distribution to agricultural home
34 economics extension councils in accordance with "An
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1 Act in relation to additional support and finances
2 for the Agricultural and Home Economic Extension
3 Councils in the several counties of this State and
4 making an appropriation therefor", approved July 24,
5 1967.
6 (D) Except as provided in paragraph (11) of
7 this subsection (h), with respect to purse
8 allocation from intertrack wagering, the monies so
9 retained shall be divided as follows:
10 (i) If the inter-track wagering licensee,
11 except an intertrack wagering licensee that
12 derives its license from an organization
13 licensee located in a county with a population
14 in excess of 230,000 and bounded by the
15 Mississippi River, is not conducting its own
16 race meeting during the same dates, then the
17 entire purse allocation shall be to purses at
18 the track where the races wagered on are being
19 conducted.
20 (ii) If the inter-track wagering
21 licensee, except an intertrack wagering
22 licensee that derives its license from an
23 organization licensee located in a county with
24 a population in excess of 230,000 and bounded
25 by the Mississippi River, is also conducting
26 its own race meeting during the same dates,
27 then the purse allocation shall be as follows:
28 50% to purses at the track where the races
29 wagered on are being conducted; 50% to purses
30 at the track where the inter-track wagering
31 licensee is accepting such wagers.
32 (iii) If the inter-track wagering is
33 being conducted by an inter-track wagering
34 location licensee, except an intertrack
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1 wagering location licensee that derives its
2 license from an organization licensee located
3 in a county with a population in excess of
4 230,000 and bounded by the Mississippi River,
5 the entire purse allocation for Illinois races
6 shall be to purses at the track where the race
7 meeting being wagered on is being held.
8 (12) The Board shall have all powers necessary and
9 proper to fully supervise and control the conduct of
10 inter-track wagering and simulcast wagering by
11 inter-track wagering licensees and inter-track wagering
12 location licensees, including, but not limited to the
13 following:
14 (A) The Board is vested with power to
15 promulgate reasonable rules and regulations for the
16 purpose of administering the conduct of this
17 wagering and to prescribe reasonable rules,
18 regulations and conditions under which such wagering
19 shall be held and conducted. Such rules and
20 regulations are to provide for the prevention of
21 practices detrimental to the public interest and for
22 the best interests of said wagering and to impose
23 penalties for violations thereof.
24 (B) The Board, and any person or persons to
25 whom it delegates this power, is vested with the
26 power to enter the facilities of any licensee to
27 determine whether there has been compliance with the
28 provisions of this Act and the rules and regulations
29 relating to the conduct of such wagering.
30 (C) The Board, and any person or persons to
31 whom it delegates this power, may eject or exclude
32 from any licensee's facilities, any person whose
33 conduct or reputation is such that his presence on
34 such premises may, in the opinion of the Board, call
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1 into the question the honesty and integrity of, or
2 interfere with the orderly conduct of such wagering;
3 provided, however, that no person shall be excluded
4 or ejected from such premises solely on the grounds
5 of race, color, creed, national origin, ancestry, or
6 sex.
7 (D) (Blank).
8 (E) The Board is vested with the power to
9 appoint delegates to execute any of the powers
10 granted to it under this Section for the purpose of
11 administering this wagering and any rules and
12 regulations promulgated in accordance with this Act.
13 (F) The Board shall name and appoint a State
14 director of this wagering who shall be a
15 representative of the Board and whose duty it shall
16 be to supervise the conduct of inter-track wagering
17 as may be provided for by the rules and regulations
18 of the Board; such rules and regulation shall
19 specify the method of appointment and the Director's
20 powers, authority and duties.
21 (G) The Board is vested with the power to
22 impose civil penalties of up to $5,000 against
23 individuals and up to $10,000 against licensees for
24 each violation of any provision of this Act relating
25 to the conduct of this wagering, any rules adopted
26 by the Board, any order of the Board or any other
27 action which in the Board's discretion, is a
28 detriment or impediment to such wagering.
29 (13) The Department of Agriculture may enter into
30 agreements with licensees authorizing such licensees to
31 conduct inter-track wagering on races to be held at the
32 licensed race meetings conducted by the Department of
33 Agriculture. Such agreement shall specify the races of
34 the Department of Agriculture's licensed race meeting
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1 upon which the licensees will conduct wagering. In the
2 event that a licensee conducts inter-track pari-mutuel
3 wagering on races from the Illinois State Fair or DuQuoin
4 State Fair which are in addition to the licensee's
5 previously approved racing program, those races shall be
6 considered a separate racing day for the purpose of
7 determining the daily handle and computing the privilege
8 tax on that daily handle as provided in Sections 27 and
9 27.1. Such agreements shall be approved by the Board
10 before such wagering may be conducted. In determining
11 whether to grant approval, the Board shall give due
12 consideration to the best interests of the public and of
13 horse racing. The provisions of paragraphs (1), (8),
14 (8.1), and (8.2) of subsection (h) of this Section which
15 are not specified in this paragraph (13) shall not apply
16 to licensed race meetings conducted by the Department of
17 Agriculture at the Illinois State Fair in Sangamon County
18 or the DuQuoin State Fair in Perry County, or to any
19 wagering conducted on those race meetings.
20 (i) Notwithstanding the other provisions of this Act,
21 the conduct of wagering at wagering facilities is authorized
22 on all days, except as limited by subsection (b) of Section
23 19 of this Act.
24 (Source: P.A. 88-358; 88-572, eff. 8-11-94; 88-661, eff.
25 9-16-94; 89-16, eff. 5-30-95.)
26 (230 ILCS 5/26.4) (from Ch. 8, par. 37-26.4)
27 Sec. 26.4. In addition to the amount retained pursuant
28 to paragraph (10) of subsection (h) of Section 26,
29 inter-track wagering location licensees shall retain an
30 additional amount equal to 2.5% of each winning wager and
31 winnings from wagers, from which they shall pay the tax
32 specified in paragraph (10.1) of subsection (h) of Section
33 26.
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1 With respect to wagers on all races associated with a
2 simulcast program from a host track, each inter-track
3 wagering location licensee that conducts wagers on these
4 races may impose a surcharge of up to .5% on each winning
5 wager and winnings from each such wager during the period of
6 July 1, 1995, to December 31, 1995; provided amounts derived
7 from this surcharge, if imposed, shall not be paid to or
8 allocated to purses.
9 (Source: P.A. 89-16, eff. 5-30-95.)".