093_HB0545

 
                                     LRB093 03986 LRD 04025 b

 1        AN ACT in relation to gambling.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Illinois Horse Racing Act is amended by
 5    changing Section 26 as follows:

 6        (230 ILCS 5/26) (from Ch. 8, par. 37-26)
 7        Sec. 26. Wagering.
 8        (a)  Any  licensee  may   conduct   and   supervise   the
 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 in advance of  the  day
22    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
 
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 1    in the manner described in Section  3.12  of  this  Act.  Any
 2    wager  made  electronically by an individual while physically
 3    on the premises of a licensee shall be deemed  to  have  been
 4    made at the premises of that licensee.
 5        (c)  Until  January 1, 2000, the sum held by any licensee
 6    for payment of outstanding pari-mutuel tickets, if  unclaimed
 7    prior  to  December 31 of the next year, shall be retained by
 8    the licensee for payment of such  tickets  until  that  date.
 9    Within  10 days thereafter, the balance of such sum remaining
10    unclaimed, less any uncashed supplements contributed by  such
11    licensee    for   the   purpose   of   guaranteeing   minimum
12    distributions of any pari-mutuel pool, shall be paid  to  the
13    Illinois Veterans' Rehabilitation Fund of the State treasury,
14    except  as  provided  in subsection (g) of Section 27 of this
15    Act.
16        (c-5)  Beginning January 1, 2000, the  sum  held  by  any
17    licensee  for  payment of outstanding pari-mutuel tickets, if
18    unclaimed prior to December 31 of the  next  year,  shall  be
19    retained  by  the  licensee for payment of such tickets until
20    that date.  Within 10 days thereafter, the  balance  of  such
21    sum   remaining  unclaimed,  less  any  uncashed  supplements
22    contributed by such licensee for the purpose of  guaranteeing
23    minimum  distributions  of  any  pari-mutuel  pool,  shall be
24    evenly distributed to the purse account of  the  organization
25    licensee and the organization licensee.
26        (d)  A pari-mutuel ticket shall be honored until December
27    31  of the next calendar year, and the licensee shall pay the
28    same and may charge the amount thereof against  unpaid  money
29    similarly  accumulated  on account of pari-mutuel tickets not
30    presented for payment.
31        (e)  No licensee shall knowingly permit any minor,  other
32    than  an  employee  of  such  licensee  or an owner, trainer,
33    jockey, driver, or employee thereof, to be admitted during  a
34    racing program unless accompanied by a parent or guardian, or
 
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 1    any  minor  to  be  a  patron  of  the  pari-mutuel system of
 2    wagering conducted or supervised by it.  The admission of any
 3    unaccompanied minor, other than an employee of  the  licensee
 4    or  an owner, trainer, jockey, driver, or employee thereof at
 5    a race track is a Class C misdemeanor. No person who  is  not
 6    at  least  21  years  of  age  shall make any wager under the
 7    pari-mutuel system of wagering conducted or supervised by the
 8    licensee. The placing of a wager by a person who  is  not  at
 9    least  21 years of age in violation of this subsection (e) is
10    a Class C misdemeanor.
11        (f)  Notwithstanding the other provisions of this Act, an
12    organization licensee may contract with an entity in  another
13    state  or  country  to  permit  any  legal wagering entity in
14    another state or country to accept wagers solely within  such
15    other state or country on races conducted by the organization
16    licensee  in  this  State.  Beginning  January 1, 2000, these
17    wagers shall not be subject to State taxation.  Until January
18    1, 2000, when the out-of-State entity conducts a  pari-mutuel
19    pool separate from the organization licensee, a privilege tax
20    equal  to  7  1/2% of all monies received by the organization
21    licensee from entities in other states or countries  pursuant
22    to  such  contracts  is imposed on the organization licensee,
23    and such privilege tax shall be remitted to the Department of
24    Revenue within 48 hours of receipt of  the  moneys  from  the
25    simulcast.   When the out-of-State entity conducts a combined
26    pari-mutuel pool with  the  organization  licensee,  the  tax
27    shall  be  10%  of  all  monies  received by the organization
28    licensee with 25% of the receipts from this  10%  tax  to  be
29    distributed to the county in which the race was conducted.
30        An  organization  licensee  may permit one or more of its
31    races to be utilized for pari-mutuel wagering at one or  more
32    locations  in  other states and may transmit audio and visual
33    signals of races the organization licensee conducts to one or
34    more locations outside the State  or  country  and  may  also
 
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 1    permit  pari-mutuel  pools in other states or countries to be
 2    combined with  its  gross  or  net  wagering  pools  or  with
 3    wagering pools established by other states.
 4        (g)  A  host track may accept interstate simulcast wagers
 5    on horse races conducted in other  states  or  countries  and
 6    shall  control  the  number of signals and types of breeds of
 7    racing in its simulcast program, subject to  the  disapproval
 8    of  the  Board.   The  Board may prohibit a simulcast program
 9    only if it  finds  that  the  simulcast  program  is  clearly
10    adverse to the integrity of racing.  The host track simulcast
11    program  shall  include  the  signal  of  live  racing of all
12    organization licensees. All non-host  licensees  shall  carry
13    the  host  track  simulcast  program and accept wagers on all
14    races included as part of the simulcast  program  upon  which
15    wagering  is  permitted.  The  costs and expenses of the host
16    track  and  non-host  licensees  associated  with  interstate
17    simulcast wagering, other than the interstate commission fee,
18    shall be borne by the host track and all  non-host  licensees
19    incurring  these  costs.  The interstate commission fee shall
20    not exceed 5% of Illinois handle on the interstate  simulcast
21    race or races without prior approval of the Board.  The Board
22    shall  promulgate  rules under which it may permit interstate
23    commission fees in excess of 5%.  The  interstate  commission
24    fee   and  other  fees  charged  by  the  sending  racetrack,
25    including, but not limited to, satellite decoder fees,  shall
26    be  uniformly  applied  to  the  host  track and all non-host
27    licensees.
28             (1)  Between the hours of 6:30 a.m. and 6:30 p.m. an
29        intertrack wagering licensee other than  the  host  track
30        may  supplement  the  host  track  simulcast program with
31        additional simulcast races  or  race  programs,  provided
32        that  between  January 1 and the third Friday in February
33        of any year, inclusive, if no live thoroughbred racing is
34        occurring  in   Illinois   during   this   period,   only
 
                            -5-      LRB093 03986 LRD 04025 b
 1        thoroughbred   races   may   be   used  for  supplemental
 2        interstate simulcast purposes.  The Board shall  withhold
 3        approval  for a supplemental interstate simulcast only if
 4        it finds that the simulcast is  clearly  adverse  to  the
 5        integrity of racing.  A supplemental interstate simulcast
 6        may  be  transmitted from an intertrack wagering licensee
 7        to its affiliated  non-host  licensees.   The  interstate
 8        commission  fee  for  a supplemental interstate simulcast
 9        shall be paid by the non-host licensee and its affiliated
10        non-host licensees receiving the simulcast.
11             (2)  Between the hours of 6:30 p.m. and 6:30 a.m. an
12        intertrack wagering licensee other than  the  host  track
13        may  receive supplemental interstate simulcasts only with
14        the consent of the host track,  except  when   the  Board
15        finds  that  the  simulcast  is  clearly  adverse  to the
16        integrity  of  racing.   Consent   granted   under   this
17        paragraph  (2)  to any intertrack wagering licensee shall
18        be  deemed  consent  to  all  non-host  licensees.    The
19        interstate commission fee for the supplemental interstate
20        simulcast  shall  be  paid  by all participating non-host
21        licensees.
22             (3)  Each licensee conducting  interstate  simulcast
23        wagering  may  retain,  subject  to  the  payment  of all
24        applicable taxes and the purses, an amount not to  exceed
25        17%  of all money wagered.  If any licensee conducts  the
26        pari-mutuel  system  wagering  on  races   conducted   at
27        racetracks in another state or country, each such race or
28        race  program  shall  be considered a separate racing day
29        for the purpose  of  determining  the  daily  handle  and
30        computing  the  privilege  tax  of  that  daily handle as
31        provided in subsection (a) of Section 27.  Until  January
32        1,  2000, from the sums permitted to be retained pursuant
33        to this subsection,  each  intertrack  wagering  location
34        licensee  shall  pay 1% of the pari-mutuel handle wagered
 
                            -6-      LRB093 03986 LRD 04025 b
 1        on simulcast wagering to the Horse Racing Tax  Allocation
 2        Fund,  subject  to  the provisions of subparagraph (B) of
 3        paragraph (11) of subsection (h) of Section  26  of  this
 4        Act.
 5             (4)  A licensee who receives an interstate simulcast
 6        may  combine  its  gross  or  net pools with pools at the
 7        sending racetracks pursuant to rules established  by  the
 8        Board.   All  licensees  combining their gross pools at a
 9        sending racetrack shall adopt the take-out percentages of
10        the sending racetrack. A licensee may  also  establish  a
11        separate pool and takeout structure for wagering purposes
12        on races conducted at race tracks outside of the State of
13        Illinois.   The  licensee  may  permit pari-mutuel wagers
14        placed in other states or countries to be  combined  with
15        its gross or net wagering pools or other wagering pools.
16             (5)  After  the payment of the interstate commission
17        fee (except  for  the  interstate  commission  fee  on  a
18        supplemental interstate simulcast, which shall be paid by
19        the  host track and by each non-host licensee through the
20        host-track) and all applicable  State  and  local  taxes,
21        except  as  provided  in  subsection (g) of Section 27 of
22        this Act, the remainder of moneys retained from simulcast
23        wagering pursuant to this  subsection  (g),  and  Section
24        26.2 shall be divided as follows:
25                  (A)  For  interstate simulcast wagers made at a
26             host track, 50% to the host track and 50% to  purses
27             at the host track.
28                  (B)  For  wagers placed on interstate simulcast
29             races,  supplemental  simulcasts   as   defined   in
30             subparagraphs  (1)  and  (2),  and separately pooled
31             races conducted outside of  the  State  of  Illinois
32             made  at a non-host licensee, 25% to the host track,
33             25% to the non-host licensee, and 50% to the  purses
34             at the host track.
 
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 1             (6)  Notwithstanding  any  provision  in this Act to
 2        the  contrary,  non-host  licensees  who   derive   their
 3        licenses  from  a  track  located  in  a  county  with  a
 4        population  in  excess  of  230,000  and that borders the
 5        Mississippi River  may  receive  supplemental  interstate
 6        simulcast  races  at all times subject to Board approval,
 7        which shall be  withheld  only  upon  a  finding  that  a
 8        supplemental  interstate  simulcast is clearly adverse to
 9        the integrity of racing.
10             (7)  Notwithstanding any provision of  this  Act  to
11        the  contrary,  after payment of all applicable State and
12        local taxes  and  interstate  commission  fees,  non-host
13        licensees  who derive their licenses from a track located
14        in a county with a population in excess  of  230,000  and
15        that  borders  the  Mississippi River shall retain 50% of
16        the retention from interstate simulcast wagers and  shall
17        pay  50%  to  purses at the track from which the non-host
18        licensee derives its license as follows:
19                  (A)  Between January 1 and the third Friday  in
20             February,  inclusive, if no live thoroughbred racing
21             is occurring in Illinois during  this  period,  when
22             the interstate simulcast is a standardbred race, the
23             purse share to its standardbred purse account;
24                  (B)  Between  January 1 and the third Friday in
25             February, inclusive, if no live thoroughbred  racing
26             is occurring in Illinois during this period, and the
27             interstate  simulcast  is  a  thoroughbred race, the
28             purse share to its interstate simulcast  purse  pool
29             to  be  distributed  under  paragraph  (10)  of this
30             subsection (g);
31                  (C)  Between January 1 and the third Friday  in
32             February,  inclusive, if live thoroughbred racing is
33             occurring in Illinois, between 6:30  a.m.  and  6:30
34             p.m.  the  purse  share from wagers made during this
 
                            -8-      LRB093 03986 LRD 04025 b
 1             time period to its thoroughbred  purse  account  and
 2             between 6:30 p.m. and 6:30 a.m. the purse share from
 3             wagers   made   during   this  time  period  to  its
 4             standardbred purse accounts;
 5                  (D)  Between the third Saturday in February and
 6             December 31, when the  interstate  simulcast  occurs
 7             between  the  hours  of 6:30 a.m. and 6:30 p.m., the
 8             purse share to its thoroughbred purse account;
 9                  (E)  Between the third Saturday in February and
10             December 31, when the  interstate  simulcast  occurs
11             between  the  hours  of 6:30 p.m. and 6:30 a.m., the
12             purse share to its standardbred purse account.
13             (7.1)  Notwithstanding any other provision  of  this
14        Act  to  the  contrary,  if  no  standardbred  racing  is
15        conducted at a racetrack located in Madison County during
16        any  calendar year beginning on or after January 1, 2002,
17        all moneys  derived  by  that  racetrack  from  simulcast
18        wagering and inter-track wagering that (1) are to be used
19        for  purses  and  (2)  are generated between the hours of
20        6:30 p.m. and 6:30 a.m. during that calendar  year  shall
21        be paid as follows:
22                  (A)  If the licensee that conducts horse racing
23             at  that  racetrack requests from the Board at least
24             as many racing dates as were conducted  in  calendar
25             year  2000,  80%  shall  be paid to its thoroughbred
26             purse account; and
27                  (B)  Twenty percent shall be deposited into the
28             Illinois Colt Stakes  Purse  Distribution  Fund  and
29             shall  be  paid to purses for standardbred races for
30             Illinois conceived and foaled  horses  conducted  at
31             any  county  fairgrounds.  The moneys deposited into
32             the Fund pursuant to this subparagraph (B) shall  be
33             deposited  within  2  weeks  after the day they were
34             generated, shall be in addition to and not  in  lieu
 
                            -9-      LRB093 03986 LRD 04025 b
 1             of  any  other  moneys  paid  to standardbred purses
 2             under this Act, and shall  not  be  commingled  with
 3             other  moneys  paid  into  that  Fund.   The  moneys
 4             deposited pursuant to this subparagraph (B) shall be
 5             allocated   as   provided   by   the  Department  of
 6             Agriculture, with the advice and assistance  of  the
 7             Illinois Standardbred Breeders Fund Advisory Board.
 8             (7.2)  Notwithstanding  any  other provision of this
 9        Act  to  the  contrary,  if  no  thoroughbred  racing  is
10        conducted at a racetrack located in Madison County during
11        any calendar year beginning on or after January 1,  2002,
12        all  moneys  derived  by  that  racetrack  from simulcast
13        wagering and inter-track wagering that (1) are to be used
14        for purses and (2) are generated  between  the  hours  of
15        6:30  a.m.  and 6:30 p.m. during that calendar year shall
16        be deposited as follows:
17                  (A)  If the licensee that conducts horse racing
18             at that racetrack requests from the Board  at  least
19             as  many  racing dates as were conducted in calendar
20             year  2000,  80%  shall  be   deposited   into   its
21             standardbred purse account; and
22                  (B)  Twenty percent shall be deposited into the
23             Illinois   Colt   Stakes  Purse  Distribution  Fund.
24             Moneys deposited into the Illinois Colt Stakes Purse
25             Distribution Fund pursuant to this subparagraph  (B)
26             shall  be  paid  to  Illinois  conceived  and foaled
27             thoroughbred breeders' programs and to  thoroughbred
28             purses for races conducted at any county fairgrounds
29             for  Illinois  conceived  and  foaled  horses at the
30             discretion of the Department  of  Agriculture,  with
31             the   advice   and   assistance   of   the  Illinois
32             Thoroughbred  Breeders  Fund  Advisory  Board.   The
33             moneys deposited into the Illinois Colt Stakes Purse
34             Distribution Fund pursuant to this subparagraph  (B)
 
                            -10-     LRB093 03986 LRD 04025 b
 1             shall be deposited within 2 weeks after the day they
 2             were  generated,  shall be in addition to and not in
 3             lieu of any other moneys paid to thoroughbred purses
 4             under this Act, and shall  not  be  commingled  with
 5             other moneys deposited into that Fund.
 6             (7.3)  If  no  live standardbred racing is conducted
 7        at a racetrack located in Madison County in calendar year
 8        2000 or 2001, an organization licensee who is licensed to
 9        conduct horse racing  at  that  racetrack  shall,  before
10        January  1,  2002,  pay all moneys derived from simulcast
11        wagering and inter-track wagering in calendar years  2000
12        and  2001 and paid into the licensee's standardbred purse
13        account as follows:
14                  (A)  Eighty   percent   to   that    licensee's
15             thoroughbred   purse   account   to   be   used  for
16             thoroughbred purses; and
17                  (B)  Twenty percent to the Illinois Colt Stakes
18             Purse Distribution Fund.
19             Failure to make the payment  to  the  Illinois  Colt
20        Stakes  Purse  Distribution  Fund  before January 1, 2002
21        shall  result  in  the  immediate   revocation   of   the
22        licensee's  organization  license,  inter-track  wagering
23        license, and inter-track wagering location license.
24             Moneys  paid  into  the  Illinois  Colt Stakes Purse
25        Distribution Fund pursuant to this paragraph (7.3)  shall
26        be  paid  to  purses  for standardbred races for Illinois
27        conceived and  foaled  horses  conducted  at  any  county
28        fairgrounds.  Moneys  paid  into the Illinois Colt Stakes
29        Purse Distribution Fund pursuant to this paragraph  (7.3)
30        shall   be  used  as  determined  by  the  Department  of
31        Agriculture,  with  the  advice  and  assistance  of  the
32        Illinois Standardbred Breeders Fund Advisory Board, shall
33        be in addition to and not in lieu  of  any  other  moneys
34        paid to standardbred purses under this Act, and shall not
 
                            -11-     LRB093 03986 LRD 04025 b
 1        be commingled with any other moneys paid into that Fund.
 2             (7.4)  If live standardbred racing is conducted at a
 3        racetrack  located  in  Madison  County  at  any  time in
 4        calendar year 2001  before  the  payment  required  under
 5        paragraph  (7.3) has been made, the organization licensee
 6        who is licensed to conduct racing at that racetrack shall
 7        pay all moneys derived by that racetrack  from  simulcast
 8        wagering  and  inter-track wagering during calendar years
 9        2000 and 2001 that (1) are to be used for purses and  (2)
10        are  generated  between  the  hours of 6:30 p.m. and 6:30
11        a.m. during  2000  or  2001  to  the  standardbred  purse
12        account  at  that  racetrack  to be used for standardbred
13        purses.
14             (8)  Notwithstanding any provision in  this  Act  to
15        the  contrary,  an  organization  licensee  from  a track
16        located in a  county  with  a  population  in  excess  of
17        230,000  and  that  borders the Mississippi River and its
18        affiliated non-host licensees shall not  be  entitled  to
19        share  in  any retention generated on racing, inter-track
20        wagering, or simulcast wagering  at  any  other  Illinois
21        wagering facility.
22             (8.1)  Notwithstanding any provisions in this Act to
23        the  contrary, if 2 organization licensees are conducting
24        standardbred race meetings concurrently between the hours
25        of  6:30  p.m.  and  6:30  a.m.,  after  payment  of  all
26        applicable  State  and   local   taxes   and   interstate
27        commission  fees,  the  remainder  of the amount retained
28        from simulcast wagering  otherwise  attributable  to  the
29        host  track and to host track purses shall be split daily
30        between the 2 organization licensees and  the  purses  at
31        the tracks of the 2 organization licensees, respectively,
32        based  on each organization licensee's share of the total
33        live handle for that day, provided  that  this  provision
34        shall not apply to any non-host licensee that derives its
 
                            -12-     LRB093 03986 LRD 04025 b
 1        license   from  a  track  located  in  a  county  with  a
 2        population in excess of  230,000  and  that  borders  the
 3        Mississippi River.
 4             (9)  (Blank).
 5             (10)  (Blank).
 6             (11)  (Blank).
 7             (12)  The  Board  shall have authority to compel all
 8        host tracks to receive the simulcast of any or all  races
 9        conducted at the Springfield or DuQuoin State fairgrounds
10        and  include  all  such  races as part of their simulcast
11        programs.
12             (13)  Notwithstanding any other  provision  of  this
13        Act,  in  the  event  that the total Illinois pari-mutuel
14        handle on Illinois horse races at all wagering facilities
15        in any calendar year  is  less  than  75%  of  the  total
16        Illinois  pari-mutuel  handle  on Illinois horse races at
17        all such wagering facilities for calendar year 1994, then
18        each wagering facility that has an annual total  Illinois
19        pari-mutuel  handle  on Illinois horse races that is less
20        than 75% of the  total  Illinois  pari-mutuel  handle  on
21        Illinois  horse  races  at  such  wagering  facility  for
22        calendar  year  1994, shall be permitted to receive, from
23        any amount otherwise payable to the purse account at  the
24        race track with which the wagering facility is affiliated
25        in the succeeding calendar year, an amount equal to 2% of
26        the  differential in total Illinois pari-mutuel handle on
27        Illinois horse races at  the  wagering  facility  between
28        that   calendar  year  in  question  and  1994  provided,
29        however, that a wagering facility shall not  be  entitled
30        to  any such payment until the Board certifies in writing
31        to the wagering facility the amount to which the wagering
32        facility is entitled and a schedule for  payment  of  the
33        amount to the wagering facility, based on: (i) the racing
34        dates  awarded  to  the  race  track  affiliated with the
 
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 1        wagering facility during the succeeding  year;  (ii)  the
 2        sums  available  or  anticipated  to  be available in the
 3        purse account of  the  race  track  affiliated  with  the
 4        wagering  facility for purses during the succeeding year;
 5        and (iii) the need  to  ensure  reasonable  purse  levels
 6        during  the  payment  period.  The  Board's certification
 7        shall be  provided  no  later  than  January  31  of  the
 8        succeeding   year.  In  the  event  a  wagering  facility
 9        entitled to  a  payment  under  this  paragraph  (13)  is
10        affiliated   with  a  race  track  that  maintains  purse
11        accounts for both standardbred and  thoroughbred  racing,
12        the  amount  to be paid to the wagering facility shall be
13        divided between each purse account pro rata, based on the
14        amount of Illinois handle on  Illinois  standardbred  and
15        thoroughbred racing respectively at the wagering facility
16        during  the previous calendar year. Annually, the General
17        Assembly shall  appropriate  sufficient  funds  from  the
18        General Revenue Fund to the Department of Agriculture for
19        payment  into  the  thoroughbred  and  standardbred horse
20        racing purse accounts  at  Illinois  pari-mutuel  tracks.
21        The amount paid to each purse account shall be the amount
22        certified  by the Illinois Racing Board in  January to be
23        transferred from each account  to  each  eligible  racing
24        facility  in  accordance  with  the  provisions  of  this
25        Section.
26        (h)  The  Board  may  approve  and license the conduct of
27    inter-track wagering and simulcast  wagering  by  inter-track
28    wagering   licensees   and   inter-track   wagering  location
29    licensees subject to the following terms and conditions:
30             (1)  Any person licensed to conduct a  race  meeting
31        (i)  at  a  track  where  60  or more days of racing were
32        conducted during the immediately preceding calendar  year
33        or  where over the 5 immediately preceding calendar years
34        an average of 30 or more days of  racing  were  conducted
 
                            -14-     LRB093 03986 LRD 04025 b
 1        annually  may  be issued an inter-track wagering license;
 2        (ii) at a track located in a county that  is  bounded  by
 3        the  Mississippi  River,  which  has a population of less
 4        than 150,000 according to the 1990 decennial census,  and
 5        an average of at least 60 days of racing per year between
 6        1985  and  1993  may  be  issued  an inter-track wagering
 7        license; or (iii) at a track located  in  Madison  County
 8        that  conducted  at  least 100 days of live racing during
 9        the immediately preceding calendar year may be issued  an
10        inter-track wagering license, unless a lesser schedule of
11        live  racing  is  the result of (A) weather, unsafe track
12        conditions, or  other  acts  of  God;  (B)  an  agreement
13        between  the  organization  licensee and the associations
14        representing the  largest  number  of  owners,  trainers,
15        jockeys,  or standardbred drivers who race horses at that
16        organization licensee's racing meeting; or (C) a  finding
17        by  the  Board of extraordinary circumstances and that it
18        was in the best interest of the public and the  sport  to
19        conduct  fewer  than  100  days  of live racing. Any such
20        person having operating control of  the  racing  facility
21        may  also  receive  up to 6 inter-track wagering location
22        licenses. In no  event  shall  more  than  6  inter-track
23        wagering  locations be established for each eligible race
24        track, except that an eligible race track  located  in  a
25        county  that  has  a  population of more than 230,000 and
26        that is bounded by the Mississippi River may establish up
27        to 7 inter-track wagering locations. An  application  for
28        said  license shall be filed with the Board prior to such
29        dates as may be fixed by the Board.  With an  application
30        for  an inter-track wagering location license there shall
31        be delivered to the Board a certified check or bank draft
32        payable to the order of the Board for an amount equal  to
33        $500.  The  application  shall be on forms prescribed and
34        furnished by the Board.   The  application  shall  comply
 
                            -15-     LRB093 03986 LRD 04025 b
 1        with  all other rules, regulations and conditions imposed
 2        by the Board in connection therewith.
 3             (2)  The Board shall examine the  applications  with
 4        respect  to  their conformity with this Act and the rules
 5        and regulations imposed by the Board.  If found to be  in
 6        compliance  with the Act and rules and regulations of the
 7        Board, the Board may then  issue  a  license  to  conduct
 8        inter-track  wagering  and  simulcast  wagering  to  such
 9        applicant.   All such applications shall be acted upon by
10        the Board at a meeting to be held on such date as may  be
11        fixed by the Board.
12             (3)  In  granting  licenses  to  conduct inter-track
13        wagering and simulcast wagering, the Board shall give due
14        consideration to the best interests  of  the  public,  of
15        horse racing, and of maximizing revenue to the State.
16             (4)  Prior  to  the issuance of a license to conduct
17        inter-track  wagering   and   simulcast   wagering,   the
18        applicant shall file with the Board a bond payable to the
19        State  of Illinois in the sum of $50,000, executed by the
20        applicant and a surety company or companies authorized to
21        do business in this State, and conditioned upon  (i)  the
22        payment by the licensee of all taxes due under Section 27
23        or  27.1  and any other monies due and payable under this
24        Act,  and  (ii)  distribution  by  the   licensee,   upon
25        presentation  of  the  winning  ticket or tickets, of all
26        sums payable to the patrons of pari-mutuel pools.
27             (5)  Each license to  conduct  inter-track  wagering
28        and  simulcast  wagering shall specify the person to whom
29        it is  issued,  the  dates  on  which  such  wagering  is
30        permitted,  and  the track or location where the wagering
31        is to be conducted.
32             (6)  All wagering under such license is  subject  to
33        this  Act  and  to the rules and regulations from time to
34        time prescribed by the  Board,  and  every  such  license
 
                            -16-     LRB093 03986 LRD 04025 b
 1        issued  by  the  Board  shall  contain  a recital to that
 2        effect.
 3             (7)  An inter-track wagering licensee or inter-track
 4        wagering location licensee may accept wagers at the track
 5        or  location  where  it  is  licensed,  or  as  otherwise
 6        provided under this Act.
 7             (8)  Inter-track  wagering  or  simulcast   wagering
 8        shall  not  be  conducted  at any track less than 5 miles
 9        from a track at which a racing meeting is in progress.
10             (8.1)  Inter-track wagering location  licensees  who
11        derive  their  licenses  from  a  particular organization
12        licensee shall conduct inter-track wagering and simulcast
13        wagering only at locations which  are  either  within  90
14        miles   of   that   race   track   where  the  particular
15        organization licensee is licensed to conduct  racing,  or
16        within  135 miles of that race track where the particular
17        organization licensee is licensed to  conduct  racing  in
18        the  case of race tracks in counties of less than 400,000
19        that were operating on or before June 1, 1986.   However,
20        inter-track  wagering and simulcast wagering shall not be
21        conducted by those licensees at  any  location  within  5
22        miles of any race track at which a horse race meeting has
23        been  licensed  in  the  current  year, unless the person
24        having operating control of such race track has given its
25        written consent to  such  inter-track  wagering  location
26        licensees,  which consent must be filed with the Board at
27        or prior to the time application is made.
28             (8.2)  Inter-track wagering  or  simulcast  wagering
29        shall   not  be  conducted  by  an  inter-track  wagering
30        location licensee at any location within 500 feet  of  an
31        existing  church  or existing school, nor within 500 feet
32        of the residences  of  more  than  50  registered  voters
33        without  receiving  written permission from a majority of
34        the registered voters at such  residences.  Such  written
 
                            -17-     LRB093 03986 LRD 04025 b
 1        permission statements shall be filed with the Board.  The
 2        distance  of  500  feet  shall be measured to the nearest
 3        part of any building used for worship services, education
 4        programs, residential purposes, or conducting inter-track
 5        wagering by an inter-track  wagering  location  licensee,
 6        and  not  to  property  boundaries.  However, inter-track
 7        wagering or simulcast wagering may be conducted at a site
 8        within 500 feet of a church, school or residences  of  50
 9        or  more  registered  voters  if  such  church, school or
10        residences have been  erected  or  established,  or  such
11        voters  have  been registered, after the Board issues the
12        original inter-track wagering  location  license  at  the
13        site in question. Inter-track wagering location licensees
14        may  conduct  inter-track wagering and simulcast wagering
15        only  in  areas  that  are  zoned   for   commercial   or
16        manufacturing  purposes  or  in areas for which a special
17        use has been approved  by  the  local  zoning  authority.
18        However,  no  license to conduct inter-track wagering and
19        simulcast wagering shall be granted  by  the  Board  with
20        respect  to  any inter-track wagering location within the
21        jurisdiction of any local zoning authority which has,  by
22        ordinance  or by resolution, prohibited the establishment
23        of  an   inter-track   wagering   location   within   its
24        jurisdiction.     However,   inter-track   wagering   and
25        simulcast wagering may be conducted at  a  site  if  such
26        ordinance  or  resolution  is  enacted  after  the  Board
27        licenses   the  original  inter-track  wagering  location
28        licensee for the site in question.
29             (9)  (Blank).
30             (10)  An  inter-track  wagering   licensee   or   an
31        inter-track   wagering   location  licensee  may  retain,
32        subject to the payment of the  privilege  taxes  and  the
33        purses, an amount not to exceed 17% of all money wagered.
34        Each  program  of  racing  conducted  by each inter-track
 
                            -18-     LRB093 03986 LRD 04025 b
 1        wagering  licensee  or  inter-track   wagering   location
 2        licensee  shall  be  considered a separate racing day for
 3        the purpose of determining the daily handle and computing
 4        the privilege tax or pari-mutuel tax on such daily handle
 5        as provided in Section 27.
 6             (10.1)  Except as  provided  in  subsection  (g)  of
 7        Section  27  of  this  Act, inter-track wagering location
 8        licensees shall pay 1% of the pari-mutuel handle at  each
 9        location  to  the  municipality in which such location is
10        situated  and  1%  of  the  pari-mutuel  handle  at  each
11        location  to  the  county  in  which  such  location   is
12        situated.   In  the  event  that  an inter-track wagering
13        location licensee is situated in an  unincorporated  area
14        of   a   county,  such  licensee  shall  pay  2%  of  the
15        pari-mutuel handle from such location to such county.
16             (10.2)  Notwithstanding any other provision of  this
17        Act,  with respect to intertrack wagering at a race track
18        located in a county that has a population  of  more  than
19        230,000  and  that  is  bounded  by the Mississippi River
20        ("the first race track"), or at a facility operated by an
21        inter-track wagering  licensee  or  inter-track  wagering
22        location  licensee  that  derives  its  license  from the
23        organization licensee that operates the first race track,
24        on races conducted at the first race track  or  on  races
25        conducted    at   another   Illinois   race   track   and
26        simultaneously televised to the first race track or to  a
27        facility  operated by an inter-track wagering licensee or
28        inter-track wagering location licensee that  derives  its
29        license  from the organization licensee that operates the
30        first race track, those  moneys  shall  be  allocated  as
31        follows:
32                  (A)  That  portion  of  all  moneys  wagered on
33             standardbred racing that is required under this  Act
34             to  be  paid  to  purses shall be paid to purses for
 
                            -19-     LRB093 03986 LRD 04025 b
 1             standardbred races.
 2                  (B)  That portion  of  all  moneys  wagered  on
 3             thoroughbred  racing that is required under this Act
 4             to be paid to purses shall be  paid  to  purses  for
 5             thoroughbred races.
 6             (11) (A)  After   payment   of   the   privilege  or
 7        pari-mutuel tax, any  other  applicable  taxes,  and  the
 8        costs  and  expenses  in  connection  with the gathering,
 9        transmission, and dissemination of all data necessary  to
10        the conduct of inter-track wagering, the remainder of the
11        monies  retained  under either Section 26 or Section 26.2
12        of this Act  by  the  inter-track  wagering  licensee  on
13        inter-track  wagering  shall  be allocated with 50% to be
14        split between the 2 participating licensees  and  50%  to
15        purses,  except that an intertrack wagering licensee that
16        derives its license from a track located in a county with
17        a population in excess of 230,000 and  that  borders  the
18        Mississippi   River   shall   not  divide  any  remaining
19        retention with the Illinois  organization  licensee  that
20        provides  the  race  or races, and an intertrack wagering
21        licensee that accepts wagers on  races  conducted  by  an
22        organization  licensee  that  conducts  a  race meet in a
23        county with a population in excess of  230,000  and  that
24        borders  the  Mississippi  River  shall  not  divide  any
25        remaining retention with that organization licensee.
26             (B)  From the sums permitted to be retained pursuant
27        to  this  Act each inter-track wagering location licensee
28        shall pay (i) the privilege or  pari-mutuel  tax  to  the
29        State; (ii) 4.75% of the pari-mutuel handle on intertrack
30        wagering at such location on races as purses, except that
31        an intertrack wagering location licensee that derives its
32        license   from  a  track  located  in  a  county  with  a
33        population in excess of  230,000  and  that  borders  the
34        Mississippi  River  shall retain all purse moneys for its
 
                            -20-     LRB093 03986 LRD 04025 b
 1        own purse account consistent with distribution set  forth
 2        in  this subsection (h), and intertrack wagering location
 3        licensees that accept wagers on  races  conducted  by  an
 4        organization   licensee   located  in  a  county  with  a
 5        population in excess of  230,000  and  that  borders  the
 6        Mississippi  River  shall  distribute all purse moneys to
 7        purses at the operating host track; (iii)  until  January
 8        1,  2000, except as provided in subsection (g) of Section
 9        27 of this Act, 1% of the pari-mutuel handle  wagered  on
10        inter-track  wagering  and  simulcast  wagering  at  each
11        inter-track  wagering  location  licensee facility to the
12        Horse Racing Tax Allocation Fund, provided that,  to  the
13        extent  the total amount collected and distributed to the
14        Horse Racing Tax Allocation Fund  under  this  subsection
15        (h) during any calendar year exceeds the amount collected
16        and  distributed  to the Horse Racing Tax Allocation Fund
17        during calendar year 1994, that excess  amount  shall  be
18        redistributed  (I)  to  all inter-track wagering location
19        licensees, based on each licensee's pro-rata share of the
20        total handle  from  inter-track  wagering  and  simulcast
21        wagering  for all inter-track wagering location licensees
22        during the calendar  year  in  which  this  provision  is
23        applicable;  then  (II) the amounts redistributed to each
24        inter-track wagering location licensee  as  described  in
25        subpart (I) shall be further redistributed as provided in
26        subparagraph  (B)  of  paragraph (5) of subsection (g) of
27        this Section 26 provided first, that the shares of  those
28        amounts,  which are to be redistributed to the host track
29        or to purses at the host track under subparagraph (B)  of
30        paragraph  (5) of subsection (g) of this Section 26 shall
31        be redistributed based on  each  host  track's  pro  rata
32        share  of  the  total  inter-track wagering and simulcast
33        wagering handle at all host tracks  during  the  calendar
34        year   in   question,   and   second,  that  any  amounts
 
                            -21-     LRB093 03986 LRD 04025 b
 1        redistributed as described in part (I) to an  inter-track
 2        wagering  location  licensee that accepts wagers on races
 3        conducted by an organization  licensee  that  conducts  a
 4        race  meet  in  a  county  with a population in excess of
 5        230,000 and that borders the Mississippi River  shall  be
 6        further  redistributed  as  provided in subparagraphs (D)
 7        and (E) of  paragraph  (7)  of  subsection  (g)  of  this
 8        Section   26,   with   the   portion   of   that  further
 9        redistribution allocated to purses at  that  organization
10        licensee  to  be  divided between standardbred purses and
11        thoroughbred  purses  based  on  the  amounts   otherwise
12        allocated  to purses at that organization licensee during
13        the calendar year  in  question;   and  (iv)  8%  of  the
14        pari-mutuel  handle  on  inter-track  wagering wagered at
15        such location  to  satisfy  all  costs  and  expenses  of
16        conducting  its  wagering.  The  remainder  of the monies
17        retained by the inter-track  wagering  location  licensee
18        shall  be  allocated 40% to the location licensee and 60%
19        to the organization licensee which provides the  Illinois
20        races to the location, except that an intertrack wagering
21        location  licensee  that derives its license from a track
22        located in a  county  with  a  population  in  excess  of
23        230,000  and that borders the Mississippi River shall not
24        divide any  remaining  retention  with  the  organization
25        licensee   that   provides  the  race  or  races  and  an
26        intertrack wagering location licensee that accepts wagers
27        on races  conducted  by  an  organization  licensee  that
28        conducts  a  race  meet  in a county with a population in
29        excess of 230,000 and that borders the Mississippi  River
30        shall   not  divide  any  remaining  retention  with  the
31        organization licensee. Notwithstanding the provisions  of
32        clauses  (ii)  and (iv) of this paragraph, in the case of
33        the additional  inter-track  wagering  location  licenses
34        authorized  under paragraph (1) of this subsection (h) by
 
                            -22-     LRB093 03986 LRD 04025 b
 1        this amendatory Act of 1991, those  licensees  shall  pay
 2        the  following  amounts  as  purses:  during the first 12
 3        months  the  licensee  is  in  operation,  5.25%  of  the
 4        pari-mutuel handle wagered  at  the  location  on  races;
 5        during  the  second 12 months, 5.25%; during the third 12
 6        months, 5.75%; during the fourth 12  months,  6.25%;  and
 7        during  the  fifth  12  months and thereafter, 6.75%. The
 8        following amounts shall be retained by  the  licensee  to
 9        satisfy   all   costs  and  expenses  of  conducting  its
10        wagering: during the first 12 months the licensee  is  in
11        operation, 8.25% of the pari-mutuel handle wagered at the
12        location;  during the second 12 months, 8.25%; during the
13        third 12 months, 7.75%;  during  the  fourth  12  months,
14        7.25%;  and  during  the  fifth 12 months and thereafter,
15        6.75%.  For  additional  intertrack   wagering   location
16        licensees  authorized  under this amendatory Act of 1995,
17        purses for  the  first  12  months  the  licensee  is  in
18        operation  shall  be  5.75% of the pari-mutuel wagered at
19        the  location,  purses  for  the  second  12  months  the
20        licensee is in  operation  shall  be  6.25%,  and  purses
21        thereafter  shall  be  6.75%.   For additional intertrack
22        location licensees authorized under this  amendatory  Act
23        of  1995,  the  licensee  shall  be  allowed to retain to
24        satisfy all costs and expenses: 7.75% of the  pari-mutuel
25        handle wagered at the location during its first 12 months
26        of  operation,  7.25%  during  its  second  12  months of
27        operation, and 6.75% thereafter.
28             (C)  There is hereby created the  Horse  Racing  Tax
29        Allocation  Fund  which  shall  remain in existence until
30        December 31, 1999.  Moneys remaining in  the  Fund  after
31        December  31, 1999 shall be paid into the General Revenue
32        Fund.  Until January 1, 2000, all monies  paid  into  the
33        Horse   Racing  Tax  Allocation  Fund  pursuant  to  this
34        paragraph (11) by inter-track wagering location licensees
 
                            -23-     LRB093 03986 LRD 04025 b
 1        located in park districts of 500,000 population or  less,
 2        or in a municipality that is not included within any park
 3        district  but  is included within a conservation district
 4        and is the county seat of a county that (i) is contiguous
 5        to the state of Indiana and (ii) has a 1990 population of
 6        88,257 according to  the  United  States  Bureau  of  the
 7        Census,  and  operating on May 1, 1994 shall be allocated
 8        by appropriation as follows:
 9                  Two-sevenths to the Department of  Agriculture.
10             Fifty  percent of this two-sevenths shall be used to
11             promote  the  Illinois  horse  racing  and  breeding
12             industry, and shall be distributed by the Department
13             of  Agriculture  upon  the  advice  of  a   9-member
14             committee  appointed  by  the Governor consisting of
15             the following members: the Director of  Agriculture,
16             who  shall  serve  as chairman; 2 representatives of
17             organization licensees conducting thoroughbred  race
18             meetings   in   this  State,  recommended  by  those
19             licensees;   2   representatives   of   organization
20             licensees conducting standardbred race  meetings  in
21             this   State,  recommended  by  those  licensees;  a
22             representative of the Illinois Thoroughbred Breeders
23             and   Owners   Foundation,   recommended   by   that
24             Foundation;  a  representative   of   the   Illinois
25             Standardbred   Owners   and   Breeders  Association,
26             recommended by that Association; a representative of
27             the Horsemen's Benevolent and Protective Association
28             or any successor organization thereto established in
29             Illinois comprised of the largest number  of  owners
30             and  trainers,  recommended  by  that Association or
31             that successor organization; and a representative of
32             the   Illinois   Harness   Horsemen's   Association,
33             recommended by that Association.  Committee  members
34             shall serve for terms of 2 years, commencing January
 
                            -24-     LRB093 03986 LRD 04025 b
 1             1  of  each even-numbered year.  If a representative
 2             of any of the  above-named  entities  has  not  been
 3             recommended  by January 1 of any even-numbered year,
 4             the Governor shall appoint  a  committee  member  to
 5             fill that position.  Committee members shall receive
 6             no  compensation  for  their services as members but
 7             shall be reimbursed for  all  actual  and  necessary
 8             expenses   and   disbursements   incurred   in   the
 9             performance of their official duties.  The remaining
10             50%  of  this  two-sevenths  shall be distributed to
11             county fairs for premiums and rehabilitation as  set
12             forth in the Agricultural Fair Act;
13                  Four-sevenths     to    park    districts    or
14             municipalities that do not have a park  district  of
15             500,000  population  or less for museum purposes (if
16             an inter-track wagering location licensee is located
17             in  such  a  park  district)  or   to   conservation
18             districts  for  museum  purposes  (if an inter-track
19             wagering  location  licensee   is   located   in   a
20             municipality  that  is  not included within any park
21             district  but  is  included  within  a  conservation
22             district and is the county seat of a county that (i)
23             is contiguous to the state of Indiana and (ii) has a
24             1990 population of 88,257 according  to  the  United
25             States  Bureau  of  the  Census,  except that if the
26             conservation district does not  maintain  a  museum,
27             the  monies  shall  be allocated equally between the
28             county and the municipality in which the inter-track
29             wagering location licensee is  located  for  general
30             purposes)  or  to  a  municipal recreation board for
31             park purposes (if an inter-track  wagering  location
32             licensee  is  located  in a municipality that is not
33             included  within  any   park   district   and   park
34             maintenance   is   the  function  of  the  municipal
 
                            -25-     LRB093 03986 LRD 04025 b
 1             recreation board and the  municipality  has  a  1990
 2             population  of  9,302 according to the United States
 3             Bureau of the Census); provided that the monies  are
 4             distributed  to  each  park district or conservation
 5             district or municipality that does not have  a  park
 6             district  in an amount equal to four-sevenths of the
 7             amount  collected  by  each   inter-track   wagering
 8             location   licensee  within  the  park  district  or
 9             conservation district or municipality for the  Fund.
10             Monies  that  were  paid  into  the Horse Racing Tax
11             Allocation Fund before the effective  date  of  this
12             amendatory  Act  of  1991 by an inter-track wagering
13             location licensee located in a municipality that  is
14             not   included  within  any  park  district  but  is
15             included within a conservation district as  provided
16             in  this  paragraph  shall,  as  soon as practicable
17             after the effective date of this amendatory  Act  of
18             1991,  be  allocated  and  paid to that conservation
19             district as provided in  this  paragraph.  Any  park
20             district  or  municipality  not maintaining a museum
21             may deposit the monies in the corporate fund of  the
22             park  district or municipality where the inter-track
23             wagering location is located, to be used for general
24             purposes; and
25                  One-seventh to the Agricultural Premium Fund to
26             be  used  for  distribution  to  agricultural   home
27             economics  extension councils in accordance with "An
28             Act in relation to additional support  and  finances
29             for  the  Agricultural  and  Home Economic Extension
30             Councils in the several counties of this  State  and
31             making an appropriation therefor", approved July 24,
32             1967.
33             Until  January  1,  2000, all other monies paid into
34        the Horse Racing Tax Allocation  Fund  pursuant  to  this
 
                            -26-     LRB093 03986 LRD 04025 b
 1        paragraph  (11)  shall  be  allocated by appropriation as
 2        follows:
 3                  Two-sevenths to the Department of  Agriculture.
 4             Fifty  percent of this two-sevenths shall be used to
 5             promote  the  Illinois  horse  racing  and  breeding
 6             industry, and shall be distributed by the Department
 7             of  Agriculture  upon  the  advice  of  a   9-member
 8             committee  appointed  by  the Governor consisting of
 9             the following members: the Director of  Agriculture,
10             who  shall  serve  as chairman; 2 representatives of
11             organization licensees conducting thoroughbred  race
12             meetings   in   this  State,  recommended  by  those
13             licensees;   2   representatives   of   organization
14             licensees conducting standardbred race  meetings  in
15             this   State,  recommended  by  those  licensees;  a
16             representative of the Illinois Thoroughbred Breeders
17             and   Owners   Foundation,   recommended   by   that
18             Foundation;  a  representative   of   the   Illinois
19             Standardbred   Owners   and   Breeders  Association,
20             recommended by that Association; a representative of
21             the Horsemen's Benevolent and Protective Association
22             or any successor organization thereto established in
23             Illinois comprised of the largest number  of  owners
24             and  trainers,  recommended  by  that Association or
25             that successor organization; and a representative of
26             the   Illinois   Harness   Horsemen's   Association,
27             recommended by that Association.  Committee  members
28             shall serve for terms of 2 years, commencing January
29             1  of  each even-numbered year.  If a representative
30             of any of the  above-named  entities  has  not  been
31             recommended  by January 1 of any even-numbered year,
32             the Governor shall appoint  a  committee  member  to
33             fill that position.  Committee members shall receive
34             no  compensation  for  their services as members but
 
                            -27-     LRB093 03986 LRD 04025 b
 1             shall be reimbursed for  all  actual  and  necessary
 2             expenses   and   disbursements   incurred   in   the
 3             performance of their official duties.  The remaining
 4             50%  of  this  two-sevenths  shall be distributed to
 5             county fairs for premiums and rehabilitation as  set
 6             forth in the Agricultural Fair Act;
 7                  Four-sevenths  to museums and aquariums located
 8             in  park  districts  of  over  500,000   population;
 9             provided   that   the   monies  are  distributed  in
10             accordance with the previous year's distribution  of
11             the  maintenance  tax for such museums and aquariums
12             as provided  in  Section  2  of  the  Park  District
13             Aquarium and Museum Act; and
14                  One-seventh to the Agricultural Premium Fund to
15             be   used  for  distribution  to  agricultural  home
16             economics extension councils in accordance with  "An
17             Act  in  relation to additional support and finances
18             for the Agricultural  and  Home  Economic  Extension
19             Councils  in  the several counties of this State and
20             making an appropriation therefor", approved July 24,
21             1967. This subparagraph (C) shall be inoperative and
22             of no force and effect on and after January 1, 2000.
23                  (D)  Except as provided in  paragraph  (11)  of
24             this   subsection   (h),   with   respect  to  purse
25             allocation from intertrack wagering, the  monies  so
26             retained shall be divided as follows:
27                       (i)  If the inter-track wagering licensee,
28                  except  an  intertrack  wagering  licensee that
29                  derives  its  license  from   an   organization
30                  licensee  located in a county with a population
31                  in  excess  of  230,000  and  bounded  by   the
32                  Mississippi  River,  is  not conducting its own
33                  race meeting during the same  dates,  then  the
34                  entire  purse  allocation shall be to purses at
 
                            -28-     LRB093 03986 LRD 04025 b
 1                  the track where the races wagered on are  being
 2                  conducted.
 3                       (ii)  If    the    inter-track    wagering
 4                  licensee,   except   an   intertrack   wagering
 5                  licensee  that  derives  its  license  from  an
 6                  organization  licensee located in a county with
 7                  a population in excess of 230,000  and  bounded
 8                  by  the  Mississippi  River, is also conducting
 9                  its own race meeting  during  the  same  dates,
10                  then  the purse allocation shall be as follows:
11                  50% to purses at  the  track  where  the  races
12                  wagered  on  are being conducted; 50% to purses
13                  at the track  where  the  inter-track  wagering
14                  licensee is accepting such wagers.
15                       (iii)  If   the  inter-track  wagering  is
16                  being  conducted  by  an  inter-track  wagering
17                  location   licensee,   except   an   intertrack
18                  wagering location  licensee  that  derives  its
19                  license  from  an organization licensee located
20                  in a county with  a  population  in  excess  of
21                  230,000  and  bounded by the Mississippi River,
22                  the entire purse allocation for Illinois  races
23                  shall  be to purses at the track where the race
24                  meeting being wagered on is being held.
25             (12)  The Board shall have all powers necessary  and
26        proper  to  fully  supervise  and  control the conduct of
27        inter-track   wagering   and   simulcast   wagering    by
28        inter-track  wagering  licensees and inter-track wagering
29        location licensees, including, but  not  limited  to  the
30        following:
31                  (A)  The   Board   is   vested  with  power  to
32             promulgate reasonable rules and regulations for  the
33             purpose   of   administering  the  conduct  of  this
34             wagering  and   to   prescribe   reasonable   rules,
 
                            -29-     LRB093 03986 LRD 04025 b
 1             regulations and conditions under which such wagering
 2             shall   be  held  and  conducted.   Such  rules  and
 3             regulations are to provide  for  the  prevention  of
 4             practices detrimental to the public interest and for
 5             the  best  interests  of said wagering and to impose
 6             penalties for violations thereof.
 7                  (B)  The Board, and any person  or  persons  to
 8             whom  it  delegates  this  power, is vested with the
 9             power to enter the facilities  of  any  licensee  to
10             determine whether there has been compliance with the
11             provisions of this Act and the rules and regulations
12             relating to the conduct of such wagering.
13                  (C)  The  Board,  and  any person or persons to
14             whom it delegates this power, may eject  or  exclude
15             from  any  licensee's  facilities,  any person whose
16             conduct or reputation is such that his  presence  on
17             such premises may, in the opinion of the Board, call
18             into  the  question the honesty and integrity of, or
19             interfere with the orderly conduct of such wagering;
20             provided, however, that no person shall be  excluded
21             or  ejected from such premises solely on the grounds
22             of race, color, creed, national origin, ancestry, or
23             sex.
24                  (D)  (Blank).
25                  (E)  The Board is  vested  with  the  power  to
26             appoint  delegates  to  execute  any  of  the powers
27             granted to it under this Section for the purpose  of
28             administering   this  wagering  and  any  rules  and
29             regulations promulgated in accordance with this Act.
30                  (F)  The Board shall name and appoint  a  State
31             director   of   this   wagering   who   shall  be  a
32             representative of the Board and whose duty it  shall
33             be  to supervise the conduct of inter-track wagering
34             as may be provided for by the rules and  regulations
 
                            -30-     LRB093 03986 LRD 04025 b
 1             of  the  Board;  such  rules  and  regulation  shall
 2             specify the method of appointment and the Director's
 3             powers, authority and duties.
 4                  (G)  The  Board  is  vested  with  the power to
 5             impose civil  penalties  of  up  to  $5,000  against
 6             individuals  and up to $10,000 against licensees for
 7             each violation of any provision of this Act relating
 8             to the conduct of this wagering, any  rules  adopted
 9             by  the  Board,  any order of the Board or any other
10             action  which  in  the  Board's  discretion,  is   a
11             detriment or impediment to such wagering.
12             (13)  The  Department  of Agriculture may enter into
13        agreements with licensees authorizing such  licensees  to
14        conduct  inter-track  wagering on races to be held at the
15        licensed race meetings conducted  by  the  Department  of
16        Agriculture.    Such agreement shall specify the races of
17        the Department of  Agriculture's  licensed  race  meeting
18        upon  which the licensees will conduct wagering.   In the
19        event that a licensee  conducts  inter-track  pari-mutuel
20        wagering on races from the Illinois State Fair or DuQuoin
21        State  Fair  which  are  in  addition  to  the licensee's
22        previously approved racing program, those races shall  be
23        considered  a  separate  racing  day  for  the purpose of
24        determining the daily handle and computing the  privilege
25        or  pari-mutuel  tax  on that daily handle as provided in
26        Sections 27 and 27.1.  Such agreements shall be  approved
27        by  the  Board before such wagering may be conducted.  In
28        determining whether to grant approval,  the  Board  shall
29        give  due  consideration  to  the  best  interests of the
30        public and of horse racing. The provisions of  paragraphs
31        (1),  (8),  (8.1),  and  (8.2)  of subsection (h) of this
32        Section which are not specified in  this  paragraph  (13)
33        shall  not  apply  to licensed race meetings conducted by
34        the Department of Agriculture at the Illinois State  Fair
 
                            -31-     LRB093 03986 LRD 04025 b
 1        in  Sangamon  County  or  the DuQuoin State Fair in Perry
 2        County, or  to  any  wagering  conducted  on  those  race
 3        meetings.
 4        (i)  Notwithstanding  the  other  provisions of this Act,
 5    the conduct of wagering at wagering facilities is  authorized
 6    on  all  days, except as limited by subsection (b) of Section
 7    19 of this Act.
 8    (Source: P.A. 91-40, eff. 6-25-99; 92-211, eff. 8-2-01.)

 9        Section 99.  Effective date.  This Act takes effect  upon
10    becoming law.