Sen. Terry Link

Filed: 4/4/2014

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3318

2    AMENDMENT NO. ______. Amend Senate Bill 3318, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Illinois Horse Racing Act of 1975 is
6amended by changing Sections 20.1 and 26 as follows:
 
7    (230 ILCS 5/20.1)
8    Sec. 20.1. Authority of licensees.
9    (a) Notwithstanding anything in this Act to the contrary,
10an organization licensee shall have authority to:
11        (1) determine prices charged for goods and services;
12        (2) determine prices charged for wagering products,
13    subject to Sections 26 and 26.2 of this Act;
14        (3) determine its hours of operation, subject to at
15    least 30 days prior notice to the Board if such hours are
16    different than provided such licensee's racing dates

 

 

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1    application; and
2        (4) determine and set hours of operation and days of
3    operation for inter-track wagering under an inter-track
4    wagering license and inter-track wagering location
5    license;
6        (5) determine wagering on simulcast programs on
7    out-of-state races at wagering facilities at which
8    inter-track wagering licensees and inter-track wagering
9    location licensees who derive their licenses from the
10    organization licensee conduct business; and
11        (6) (4) otherwise manage its business operations.
12    (b) The Board may disapprove of any business practices by
13organization licensees identified in subsection (a) of this
14Section if the Board finds that such practices are detrimental
15to the public interest.
16(Source: P.A. 91-40, eff. 6-25-99.)
 
17    (230 ILCS 5/26)  (from Ch. 8, par. 37-26)
18    Sec. 26. Wagering.
19    (a) Any licensee may conduct and supervise the pari-mutuel
20system of wagering, as defined in Section 3.12 of this Act, on
21horse races conducted by an Illinois organization licensee or
22conducted at a racetrack located in another state or country
23and televised in Illinois in accordance with subsection (g) of
24Section 26 of this Act. Subject to the prior consent of the
25Board, licensees may supplement any pari-mutuel pool in order

 

 

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1to guarantee a minimum distribution. Such pari-mutuel method of
2wagering shall not, under any circumstances if conducted under
3the provisions of this Act, be held or construed to be
4unlawful, other statutes of this State to the contrary
5notwithstanding. Subject to rules for advance wagering
6promulgated by the Board, any licensee may accept wagers in
7advance of the day of the race wagered upon occurs.
8    (b) No other method of betting, pool making, wagering or
9gambling shall be used or permitted by the licensee. Each
10licensee may retain, subject to the payment of all applicable
11taxes and purses, an amount not to exceed 17% of all money
12wagered under subsection (a) of this Section, except as may
13otherwise be permitted under this Act.
14    (b-5) An individual may place a wager under the pari-mutuel
15system from any licensed location authorized under this Act
16provided that wager is electronically recorded in the manner
17described in Section 3.12 of this Act. Any wager made
18electronically by an individual while physically on the
19premises of a licensee shall be deemed to have been made at the
20premises of that licensee.
21    (c) Until January 1, 2000, the sum held by any licensee for
22payment of outstanding pari-mutuel tickets, if unclaimed prior
23to December 31 of the next year, shall be retained by the
24licensee for payment of such tickets until that date. Within 10
25days thereafter, the balance of such sum remaining unclaimed,
26less any uncashed supplements contributed by such licensee for

 

 

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1the purpose of guaranteeing minimum distributions of any
2pari-mutuel pool, shall be paid to the Illinois Veterans'
3Rehabilitation Fund of the State treasury, except as provided
4in subsection (g) of Section 27 of this Act.
5    (c-5) Beginning January 1, 2000, the sum held by any
6licensee for payment of outstanding pari-mutuel tickets, if
7unclaimed prior to December 31 of the next year, shall be
8retained by the licensee for payment of such tickets until that
9date. Within 10 days thereafter, the balance of such sum
10remaining unclaimed, less any uncashed supplements contributed
11by such licensee for the purpose of guaranteeing minimum
12distributions of any pari-mutuel pool, shall be evenly
13distributed to the purse account of the organization licensee
14and the organization licensee.
15    (d) A pari-mutuel ticket shall be honored until December 31
16of the next calendar year, and the licensee shall pay the same
17and may charge the amount thereof against unpaid money
18similarly accumulated on account of pari-mutuel tickets not
19presented for payment.
20    (e) No licensee shall knowingly permit any minor, other
21than an employee of such licensee or an owner, trainer, jockey,
22driver, or employee thereof, to be admitted during a racing
23program unless accompanied by a parent or guardian, or any
24minor to be a patron of the pari-mutuel system of wagering
25conducted or supervised by it. The admission of any
26unaccompanied minor, other than an employee of the licensee or

 

 

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1an owner, trainer, jockey, driver, or employee thereof at a
2race track is a Class C misdemeanor.
3    (f) Notwithstanding the other provisions of this Act, an
4organization licensee may contract with an entity in another
5state or country to permit any legal wagering entity in another
6state or country to accept wagers solely within such other
7state or country on races conducted by the organization
8licensee in this State. Beginning January 1, 2000, these wagers
9shall not be subject to State taxation. Until January 1, 2000,
10when the out-of-State entity conducts a pari-mutuel pool
11separate from the organization licensee, a privilege tax equal
12to 7 1/2% of all monies received by the organization licensee
13from entities in other states or countries pursuant to such
14contracts is imposed on the organization licensee, and such
15privilege tax shall be remitted to the Department of Revenue
16within 48 hours of receipt of the moneys from the simulcast.
17When the out-of-State entity conducts a combined pari-mutuel
18pool with the organization licensee, the tax shall be 10% of
19all monies received by the organization licensee with 25% of
20the receipts from this 10% tax to be distributed to the county
21in which the race was conducted.
22    An organization licensee may permit one or more of its
23races to be utilized for pari-mutuel wagering at one or more
24locations in other states and may transmit audio and visual
25signals of races the organization licensee conducts to one or
26more locations outside the State or country and may also permit

 

 

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1pari-mutuel pools in other states or countries to be combined
2with its gross or net wagering pools or with wagering pools
3established by other states.
4    (g) A host track may accept interstate simulcast wagers on
5horse races conducted in other states or countries and shall
6control the number of signals and types of breeds of racing in
7its simulcast program, subject to the disapproval of the Board.
8The Board may prohibit a simulcast program only if it finds
9that the simulcast program is clearly adverse to the integrity
10of racing. The host track simulcast program shall include the
11signal of live racing of all organization licensees. All
12non-host licensees and advance deposit wagering licensees
13shall carry the signal of and accept wagers on live racing of
14all organization licensees. Advance deposit wagering licensees
15shall not be permitted to accept out-of-state wagers on any
16Illinois signal provided pursuant to this Section without the
17approval and consent of the organization licensee providing the
18signal. For one year after the effective date of this
19amendatory act of the 98th General Assembly, non-host Non-host
20licensees may carry the host track simulcast program and shall
21accept wagers on all races included as part of the simulcast
22program of horse races conducted at race tracks located within
23the United States upon which wagering is permitted. For a
24period of one year after the effective date of this amendatory
25act of the 98th General Assembly, on horse races conducted at
26race tracks located outside of the United States, non-host

 

 

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1licensees may accept wagers on all races included as part of
2the simulcast program upon which wagering is permitted.
3Beginning one year after the effective date of this amendatory
4Act of the 98th General Assembly, non-host licensees may carry
5the host track simulcast program and shall accept wagers on all
6races included as part of the simulcast program upon which
7wagering is permitted. All organization licensees shall
8provide their live signal to all advance deposit wagering
9licensees for a simulcast commission fee not to exceed 6% of
10the advance deposit wagering licensee's Illinois handle on the
11organization licensee's signal without prior approval by the
12Board. The Board may adopt rules under which it may permit
13simulcast commission fees in excess of 6%. The Board shall
14adopt rules limiting the interstate commission fees charged to
15an advance deposit wagering licensee. The Board shall adopt
16rules regarding advance deposit wagering on interstate
17simulcast races that shall reflect, among other things, the
18General Assembly's desire to maximize revenues to the State,
19horsemen purses, and organizational licensees. However,
20organization licensees providing live signals pursuant to the
21requirements of this subsection (g) may petition the Board to
22withhold their live signals from an advance deposit wagering
23licensee if the organization licensee discovers and the Board
24finds reputable or credible information that the advance
25deposit wagering licensee is under investigation by another
26state or federal governmental agency, the advance deposit

 

 

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1wagering licensee's license has been suspended in another
2state, or the advance deposit wagering licensee's license is in
3revocation proceedings in another state. The organization
4licensee's provision of their live signal to an advance deposit
5wagering licensee under this subsection (g) pertains to wagers
6placed from within Illinois. Advance deposit wagering
7licensees may place advance deposit wagering terminals at
8wagering facilities as a convenience to customers. The advance
9deposit wagering licensee shall not charge or collect any fee
10from purses for the placement of the advance deposit wagering
11terminals. The costs and expenses of the host track and
12non-host licensees associated with interstate simulcast
13wagering, other than the interstate commission fee, shall be
14borne by the host track and all non-host licensees incurring
15these costs. The interstate commission fee shall not exceed 5%
16of Illinois handle on the interstate simulcast race or races
17without prior approval of the Board. The Board shall promulgate
18rules under which it may permit interstate commission fees in
19excess of 5%. The interstate commission fee and other fees
20charged by the sending racetrack, including, but not limited
21to, satellite decoder fees, shall be uniformly applied to the
22host track and all non-host licensees.
23    Notwithstanding any other provision of this Act, until
24February 1, 2017, an organization licensee, with the consent of
25the horsemen association representing the largest number of
26owners, trainers, jockeys, or standardbred drivers who race

 

 

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1horses at that organization licensee's racing meeting, may
2maintain a system whereby advance deposit wagering may take
3place or an organization licensee, with the consent of the
4horsemen association representing the largest number of
5owners, trainers, jockeys, or standardbred drivers who race
6horses at that organization licensee's racing meeting, may
7contract with another person to carry out a system of advance
8deposit wagering. Such consent may not be unreasonably
9withheld. Only with respect to an appeal to the Board that
10consent for an organization licensee that maintains its own
11advance deposit wagering system is being unreasonably
12withheld, the Board shall issue a final order within 30 days
13after initiation of the appeal, and the organization licensee's
14advance deposit wagering system may remain operational during
15that 30-day period. The actions of any organization licensee
16who conducts advance deposit wagering or any person who has a
17contract with an organization licensee to conduct advance
18deposit wagering who conducts advance deposit wagering on or
19after January 1, 2013 and prior to the effective date of this
20amendatory Act of the 98th General Assembly taken in reliance
21on the changes made to this subsection (g) by this amendatory
22Act of the 98th General Assembly are hereby validated, provided
23payment of all applicable pari-mutuel taxes are remitted to the
24Board. All advance deposit wagers placed from within Illinois
25must be placed through a Board-approved advance deposit
26wagering licensee; no other entity may accept an advance

 

 

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1deposit wager from a person within Illinois. All advance
2deposit wagering is subject to any rules adopted by the Board.
3The Board may adopt rules necessary to regulate advance deposit
4wagering through the use of emergency rulemaking in accordance
5with Section 5-45 of the Illinois Administrative Procedure Act.
6The General Assembly finds that the adoption of rules to
7regulate advance deposit wagering is deemed an emergency and
8necessary for the public interest, safety, and welfare. An
9advance deposit wagering licensee may retain all moneys as
10agreed to by contract with an organization licensee. Any moneys
11retained by the organization licensee from advance deposit
12wagering, not including moneys retained by the advance deposit
13wagering licensee, shall be paid 50% to the organization
14licensee's purse account and 50% to the organization licensee.
15With the exception of any organization licensee that is owned
16by a publicly traded company that is incorporated in a state
17other than Illinois and advance deposit wagering licensees
18under contract with such organization licensees, organization
19licensees that maintain advance deposit wagering systems and
20advance deposit wagering licensees that contract with
21organization licensees shall provide sufficiently detailed
22monthly accountings to the horsemen association representing
23the largest number of owners, trainers, jockeys, or
24standardbred drivers who race horses at that organization
25licensee's racing meeting so that the horsemen association, as
26an interested party, can confirm the accuracy of the amounts

 

 

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1paid to the purse account at the horsemen association's
2affiliated organization licensee from advance deposit
3wagering. If more than one breed races at the same race track
4facility, then the 50% of the moneys to be paid to an
5organization licensee's purse account shall be allocated among
6all organization licensees' purse accounts operating at that
7race track facility proportionately based on the actual number
8of host days that the Board grants to that breed at that race
9track facility in the current calendar year. To the extent any
10fees from advance deposit wagering conducted in Illinois for
11wagers in Illinois or other states have been placed in escrow
12or otherwise withheld from wagers pending a determination of
13the legality of advance deposit wagering, no action shall be
14brought to declare such wagers or the disbursement of any fees
15previously escrowed illegal.
16        (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
17    intertrack wagering licensee other than the host track may
18    supplement the host track simulcast program with
19    additional simulcast races or race programs, provided that
20    between January 1 and the third Friday in February of any
21    year, inclusive, if no live thoroughbred racing is
22    occurring in Illinois during this period, only
23    thoroughbred races may be used for supplemental interstate
24    simulcast purposes. The Board shall withhold approval for a
25    supplemental interstate simulcast only if it finds that the
26    simulcast is clearly adverse to the integrity of racing. A

 

 

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1    supplemental interstate simulcast may be transmitted from
2    an intertrack wagering licensee to its affiliated non-host
3    licensees. The interstate commission fee for a
4    supplemental interstate simulcast shall be paid by the
5    non-host licensee and its affiliated non-host licensees
6    receiving the simulcast.
7        (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
8    intertrack wagering licensee other than the host track may
9    receive supplemental interstate simulcasts only with the
10    consent of the host track, except when the Board finds that
11    the simulcast is clearly adverse to the integrity of
12    racing. Consent granted under this paragraph (2) to any
13    intertrack wagering licensee shall be deemed consent to all
14    non-host licensees. The interstate commission fee for the
15    supplemental interstate simulcast shall be paid by all
16    participating non-host licensees.
17        (3) Each licensee conducting interstate simulcast
18    wagering may retain, subject to the payment of all
19    applicable taxes and the purses, an amount not to exceed
20    17% of all money wagered. If any licensee conducts the
21    pari-mutuel system wagering on races conducted at
22    racetracks in another state or country, each such race or
23    race program shall be considered a separate racing day for
24    the purpose of determining the daily handle and computing
25    the privilege tax of that daily handle as provided in
26    subsection (a) of Section 27. Until January 1, 2000, from

 

 

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1    the sums permitted to be retained pursuant to this
2    subsection, each intertrack wagering location licensee
3    shall pay 1% of the pari-mutuel handle wagered on simulcast
4    wagering to the Horse Racing Tax Allocation Fund, subject
5    to the provisions of subparagraph (B) of paragraph (11) of
6    subsection (h) of Section 26 of this Act.
7        (4) A licensee who receives an interstate simulcast may
8    combine its gross or net pools with pools at the sending
9    racetracks pursuant to rules established by the Board. All
10    licensees combining their gross pools at a sending
11    racetrack shall adopt the take-out percentages of the
12    sending racetrack. A licensee may also establish a separate
13    pool and takeout structure for wagering purposes on races
14    conducted at race tracks outside of the State of Illinois.
15    The licensee may permit pari-mutuel wagers placed in other
16    states or countries to be combined with its gross or net
17    wagering pools or other wagering pools.
18        (5) After the payment of the interstate commission fee
19    (except for the interstate commission fee on a supplemental
20    interstate simulcast, which shall be paid by the host track
21    and by each non-host licensee through the host-track) and
22    all applicable State and local taxes, except as provided in
23    subsection (g) of Section 27 of this Act, the remainder of
24    moneys retained from simulcast wagering pursuant to this
25    subsection (g), and Section 26.2 shall be divided as
26    follows:

 

 

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1            (A) For interstate simulcast wagers made at a host
2        track, 50% to the host track and 50% to purses at the
3        host track.
4            (B) For wagers placed on interstate simulcast
5        races, supplemental simulcasts as defined in
6        subparagraphs (1) and (2), and separately pooled races
7        conducted outside of the State of Illinois made at a
8        non-host licensee, 25% to the host track, 25% to the
9        non-host licensee, and 50% to the purses at the host
10        track.
11        (6) Notwithstanding any provision in this Act to the
12    contrary, non-host licensees who derive their licenses
13    from a track located in a county with a population in
14    excess of 230,000 and that borders the Mississippi River
15    may receive supplemental interstate simulcast races at all
16    times subject to Board approval, which shall be withheld
17    only upon a finding that a supplemental interstate
18    simulcast is clearly adverse to the integrity of racing.
19        (7) Notwithstanding any provision of this Act to the
20    contrary, after payment of all applicable State and local
21    taxes and interstate commission fees, non-host licensees
22    who derive their licenses from a track located in a county
23    with a population in excess of 230,000 and that borders the
24    Mississippi River shall retain 50% of the retention from
25    interstate simulcast wagers and shall pay 50% to purses at
26    the track from which the non-host licensee derives its

 

 

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1    license as follows:
2            (A) Between January 1 and the third Friday in
3        February, inclusive, if no live thoroughbred racing is
4        occurring in Illinois during this period, when the
5        interstate simulcast is a standardbred race, the purse
6        share to its standardbred purse account;
7            (B) Between January 1 and the third Friday in
8        February, inclusive, if no live thoroughbred racing is
9        occurring in Illinois during this period, and the
10        interstate simulcast is a thoroughbred race, the purse
11        share to its interstate simulcast purse pool to be
12        distributed under paragraph (10) of this subsection
13        (g);
14            (C) Between January 1 and the third Friday in
15        February, inclusive, if live thoroughbred racing is
16        occurring in Illinois, between 6:30 a.m. and 6:30 p.m.
17        the purse share from wagers made during this time
18        period to its thoroughbred purse account and between
19        6:30 p.m. and 6:30 a.m. the purse share from wagers
20        made during this time period to its standardbred purse
21        accounts;
22            (D) Between the third Saturday in February and
23        December 31, when the interstate simulcast occurs
24        between the hours of 6:30 a.m. and 6:30 p.m., the purse
25        share to its thoroughbred purse account;
26            (E) Between the third Saturday in February and

 

 

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1        December 31, when the interstate simulcast occurs
2        between the hours of 6:30 p.m. and 6:30 a.m., the purse
3        share to its standardbred purse account.
4        (7.1) Notwithstanding any other provision of this Act
5    to the contrary, if no standardbred racing is conducted at
6    a racetrack located in Madison County during any calendar
7    year beginning on or after January 1, 2002, all moneys
8    derived by that racetrack from simulcast wagering and
9    inter-track wagering that (1) are to be used for purses and
10    (2) are generated between the hours of 6:30 p.m. and 6:30
11    a.m. during that calendar year shall be paid as follows:
12            (A) If the licensee that conducts horse racing at
13        that racetrack requests from the Board at least as many
14        racing dates as were conducted in calendar year 2000,
15        80% shall be paid to its thoroughbred purse account;
16        and
17            (B) Twenty percent shall be deposited into the
18        Illinois Colt Stakes Purse Distribution Fund and shall
19        be paid to purses for standardbred races for Illinois
20        conceived and foaled horses conducted at any county
21        fairgrounds. The moneys deposited into the Fund
22        pursuant to this subparagraph (B) shall be deposited
23        within 2 weeks after the day they were generated, shall
24        be in addition to and not in lieu of any other moneys
25        paid to standardbred purses under this Act, and shall
26        not be commingled with other moneys paid into that

 

 

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1        Fund. The moneys deposited pursuant to this
2        subparagraph (B) shall be allocated as provided by the
3        Department of Agriculture, with the advice and
4        assistance of the Illinois Standardbred Breeders Fund
5        Advisory Board.
6        (7.2) Notwithstanding any other provision of this Act
7    to the contrary, if no thoroughbred racing is conducted at
8    a racetrack located in Madison County during any calendar
9    year beginning on or after January 1, 2002, all moneys
10    derived by that racetrack from simulcast wagering and
11    inter-track wagering that (1) are to be used for purses and
12    (2) are generated between the hours of 6:30 a.m. and 6:30
13    p.m. during that calendar year shall be deposited as
14    follows:
15            (A) If the licensee that conducts horse racing at
16        that racetrack requests from the Board at least as many
17        racing dates as were conducted in calendar year 2000,
18        80% shall be deposited into its standardbred purse
19        account; and
20            (B) Twenty percent shall be deposited into the
21        Illinois Colt Stakes Purse Distribution Fund. Moneys
22        deposited into the Illinois Colt Stakes Purse
23        Distribution Fund pursuant to this subparagraph (B)
24        shall be paid to Illinois conceived and foaled
25        thoroughbred breeders' programs and to thoroughbred
26        purses for races conducted at any county fairgrounds

 

 

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1        for Illinois conceived and foaled horses at the
2        discretion of the Department of Agriculture, with the
3        advice and assistance of the Illinois Thoroughbred
4        Breeders Fund Advisory Board. The moneys deposited
5        into the Illinois Colt Stakes Purse Distribution Fund
6        pursuant to this subparagraph (B) shall be deposited
7        within 2 weeks after the day they were generated, shall
8        be in addition to and not in lieu of any other moneys
9        paid to thoroughbred purses under this Act, and shall
10        not be commingled with other moneys deposited into that
11        Fund.
12        (7.3) If no live standardbred racing is conducted at a
13    racetrack located in Madison County in calendar year 2000
14    or 2001, an organization licensee who is licensed to
15    conduct horse racing at that racetrack shall, before
16    January 1, 2002, pay all moneys derived from simulcast
17    wagering and inter-track wagering in calendar years 2000
18    and 2001 and paid into the licensee's standardbred purse
19    account as follows:
20            (A) Eighty percent to that licensee's thoroughbred
21        purse account to be used for thoroughbred purses; and
22            (B) Twenty percent to the Illinois Colt Stakes
23        Purse Distribution Fund.
24        Failure to make the payment to the Illinois Colt Stakes
25    Purse Distribution Fund before January 1, 2002 shall result
26    in the immediate revocation of the licensee's organization

 

 

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1    license, inter-track wagering license, and inter-track
2    wagering location license.
3        Moneys paid into the Illinois Colt Stakes Purse
4    Distribution Fund pursuant to this paragraph (7.3) shall be
5    paid to purses for standardbred races for Illinois
6    conceived and foaled horses conducted at any county
7    fairgrounds. Moneys paid into the Illinois Colt Stakes
8    Purse Distribution Fund pursuant to this paragraph (7.3)
9    shall be used as determined by the Department of
10    Agriculture, with the advice and assistance of the Illinois
11    Standardbred Breeders Fund Advisory Board, shall be in
12    addition to and not in lieu of any other moneys paid to
13    standardbred purses under this Act, and shall not be
14    commingled with any other moneys paid into that Fund.
15        (7.4) If live standardbred racing is conducted at a
16    racetrack located in Madison County at any time in calendar
17    year 2001 before the payment required under paragraph (7.3)
18    has been made, the organization licensee who is licensed to
19    conduct racing at that racetrack shall pay all moneys
20    derived by that racetrack from simulcast wagering and
21    inter-track wagering during calendar years 2000 and 2001
22    that (1) are to be used for purses and (2) are generated
23    between the hours of 6:30 p.m. and 6:30 a.m. during 2000 or
24    2001 to the standardbred purse account at that racetrack to
25    be used for standardbred purses.
26        (8) Notwithstanding any provision in this Act to the

 

 

09800SB3318sam002- 20 -LRB098 18284 JLS 58262 a

1    contrary, an organization licensee from a track located in
2    a county with a population in excess of 230,000 and that
3    borders the Mississippi River and its affiliated non-host
4    licensees shall not be entitled to share in any retention
5    generated on racing, inter-track wagering, or simulcast
6    wagering at any other Illinois wagering facility.
7        (8.1) Notwithstanding any provisions in this Act to the
8    contrary, if 2 organization licensees are conducting
9    standardbred race meetings concurrently between the hours
10    of 6:30 p.m. and 6:30 a.m., after payment of all applicable
11    State and local taxes and interstate commission fees, the
12    remainder of the amount retained from simulcast wagering
13    otherwise attributable to the host track and to host track
14    purses shall be split daily between the 2 organization
15    licensees and the purses at the tracks of the 2
16    organization licensees, respectively, based on each
17    organization licensee's share of the total live handle for
18    that day, provided that this provision shall not apply to
19    any non-host licensee that derives its license from a track
20    located in a county with a population in excess of 230,000
21    and that borders the Mississippi River.
22        (9) (Blank).
23        (10) (Blank).
24        (11) (Blank).
25        (12) The Board shall have authority to compel all host
26    tracks to receive the simulcast of any or all races

 

 

09800SB3318sam002- 21 -LRB098 18284 JLS 58262 a

1    conducted at the Springfield or DuQuoin State fairgrounds
2    and include all such races as part of their simulcast
3    programs.
4        (13) Notwithstanding any other provision of this Act,
5    in the event that the total Illinois pari-mutuel handle on
6    Illinois horse races at all wagering facilities in any
7    calendar year is less than 75% of the total Illinois
8    pari-mutuel handle on Illinois horse races at all such
9    wagering facilities for calendar year 1994, then each
10    wagering facility that has an annual total Illinois
11    pari-mutuel handle on Illinois horse races that is less
12    than 75% of the total Illinois pari-mutuel handle on
13    Illinois horse races at such wagering facility for calendar
14    year 1994, shall be permitted to receive, from any amount
15    otherwise payable to the purse account at the race track
16    with which the wagering facility is affiliated in the
17    succeeding calendar year, an amount equal to 2% of the
18    differential in total Illinois pari-mutuel handle on
19    Illinois horse races at the wagering facility between that
20    calendar year in question and 1994 provided, however, that
21    a wagering facility shall not be entitled to any such
22    payment until the Board certifies in writing to the
23    wagering facility the amount to which the wagering facility
24    is entitled and a schedule for payment of the amount to the
25    wagering facility, based on: (i) the racing dates awarded
26    to the race track affiliated with the wagering facility

 

 

09800SB3318sam002- 22 -LRB098 18284 JLS 58262 a

1    during the succeeding year; (ii) the sums available or
2    anticipated to be available in the purse account of the
3    race track affiliated with the wagering facility for purses
4    during the succeeding year; and (iii) the need to ensure
5    reasonable purse levels during the payment period. The
6    Board's certification shall be provided no later than
7    January 31 of the succeeding year. In the event a wagering
8    facility entitled to a payment under this paragraph (13) is
9    affiliated with a race track that maintains purse accounts
10    for both standardbred and thoroughbred racing, the amount
11    to be paid to the wagering facility shall be divided
12    between each purse account pro rata, based on the amount of
13    Illinois handle on Illinois standardbred and thoroughbred
14    racing respectively at the wagering facility during the
15    previous calendar year. Annually, the General Assembly
16    shall appropriate sufficient funds from the General
17    Revenue Fund to the Department of Agriculture for payment
18    into the thoroughbred and standardbred horse racing purse
19    accounts at Illinois pari-mutuel tracks. The amount paid to
20    each purse account shall be the amount certified by the
21    Illinois Racing Board in January to be transferred from
22    each account to each eligible racing facility in accordance
23    with the provisions of this Section.
24    (h) The Board may approve and license the conduct of
25inter-track wagering and simulcast wagering by inter-track
26wagering licensees and inter-track wagering location licensees

 

 

09800SB3318sam002- 23 -LRB098 18284 JLS 58262 a

1subject to the following terms and conditions:
2        (1) Any person licensed to conduct a race meeting (i)
3    at a track where 60 or more days of racing were conducted
4    during the immediately preceding calendar year or where
5    over the 5 immediately preceding calendar years an average
6    of 30 or more days of racing were conducted annually may be
7    issued an inter-track wagering license; (ii) at a track
8    located in a county that is bounded by the Mississippi
9    River, which has a population of less than 150,000
10    according to the 1990 decennial census, and an average of
11    at least 60 days of racing per year between 1985 and 1993
12    may be issued an inter-track wagering license; or (iii) at
13    a track located in Madison County that conducted at least
14    100 days of live racing during the immediately preceding
15    calendar year may be issued an inter-track wagering
16    license, unless a lesser schedule of live racing is the
17    result of (A) weather, unsafe track conditions, or other
18    acts of God; (B) an agreement between the organization
19    licensee and the associations representing the largest
20    number of owners, trainers, jockeys, or standardbred
21    drivers who race horses at that organization licensee's
22    racing meeting; or (C) a finding by the Board of
23    extraordinary circumstances and that it was in the best
24    interest of the public and the sport to conduct fewer than
25    100 days of live racing. Any such person having operating
26    control of the racing facility may also receive up to 6

 

 

09800SB3318sam002- 24 -LRB098 18284 JLS 58262 a

1    inter-track wagering location licenses. In no event shall
2    more than 6 inter-track wagering locations be established
3    for each eligible race track, except that an eligible race
4    track located in a county that has a population of more
5    than 230,000 and that is bounded by the Mississippi River
6    may establish up to 7 inter-track wagering locations and an
7    eligible race track located in Cook County may establish up
8    to 8 inter-track wagering locations. An application for
9    said license shall be filed with the Board prior to such
10    dates as may be fixed by the Board. With an application for
11    an inter-track wagering location license there shall be
12    delivered to the Board a certified check or bank draft
13    payable to the order of the Board for an amount equal to
14    $500. The application shall be on forms prescribed and
15    furnished by the Board. The application shall comply with
16    all other rules, regulations and conditions imposed by the
17    Board in connection therewith.
18        (2) The Board shall examine the applications with
19    respect to their conformity with this Act and the rules and
20    regulations imposed by the Board. If found to be in
21    compliance with the Act and rules and regulations of the
22    Board, the Board may then issue a license to conduct
23    inter-track wagering and simulcast wagering to such
24    applicant. All such applications shall be acted upon by the
25    Board at a meeting to be held on such date as may be fixed
26    by the Board.

 

 

09800SB3318sam002- 25 -LRB098 18284 JLS 58262 a

1        (3) In granting licenses to conduct inter-track
2    wagering and simulcast wagering, the Board shall give due
3    consideration to the best interests of the public, of horse
4    racing, and of maximizing revenue to the State.
5        (4) Prior to the issuance of a license to conduct
6    inter-track wagering and simulcast wagering, the applicant
7    shall file with the Board a bond payable to the State of
8    Illinois in the sum of $50,000, executed by the applicant
9    and a surety company or companies authorized to do business
10    in this State, and conditioned upon (i) the payment by the
11    licensee of all taxes due under Section 27 or 27.1 and any
12    other monies due and payable under this Act, and (ii)
13    distribution by the licensee, upon presentation of the
14    winning ticket or tickets, of all sums payable to the
15    patrons of pari-mutuel pools.
16        (5) Each license to conduct inter-track wagering and
17    simulcast wagering shall specify the person to whom it is
18    issued, the dates on which such wagering is permitted, and
19    the track or location where the wagering is to be
20    conducted.
21        (6) All wagering under such license is subject to this
22    Act and to the rules and regulations from time to time
23    prescribed by the Board, and every such license issued by
24    the Board shall contain a recital to that effect.
25        (7) An inter-track wagering licensee or inter-track
26    wagering location licensee may accept wagers at the track

 

 

09800SB3318sam002- 26 -LRB098 18284 JLS 58262 a

1    or location where it is licensed, or as otherwise provided
2    under this Act.
3        (8) Inter-track wagering or simulcast wagering shall
4    not be conducted at any track less than 5 miles from a
5    track at which a racing meeting is in progress.
6        (8.1) Inter-track wagering location licensees who
7    derive their licenses from a particular organization
8    licensee shall conduct inter-track wagering and simulcast
9    wagering only at locations that which are either within 90
10    miles of that race track where the particular organization
11    licensee is licensed to conduct racing, or within 140 135
12    miles of that race track where the particular organization
13    licensee is licensed to conduct racing in the case of race
14    tracks in counties of less than 400,000 that were operating
15    on or before June 1, 1986. However, inter-track wagering
16    and simulcast wagering shall not be conducted by those
17    licensees at any location within 5 miles of any race track
18    at which a horse race meeting has been licensed in the
19    current year, unless the person having operating control of
20    such race track has given its written consent to such
21    inter-track wagering location licensees, which consent
22    must be filed with the Board at or prior to the time
23    application is made. In the case of any inter-track
24    wagering location licensee initially licensed after
25    December 31, 2013, inter-track wagering and simulcast
26    wagering shall not be conducted by those inter-track

 

 

09800SB3318sam002- 27 -LRB098 18284 JLS 58262 a

1    wagering location licensees that are located outside the
2    City of Chicago at any location within 8 miles of any race
3    track at which a horse race meeting has been licensed in
4    the current year, unless the person having operating
5    control of such race track has given its written consent to
6    such inter-track wagering location licensees, which
7    consent must be filed with the Board at or prior to the
8    time application is made.
9        (8.2) Inter-track wagering or simulcast wagering shall
10    not be conducted by an inter-track wagering location
11    licensee at any location within 500 feet of an existing
12    church or existing school, nor within 500 feet of the
13    residences of more than 50 registered voters without
14    receiving written permission from a majority of the
15    registered voters at such residences. Such written
16    permission statements shall be filed with the Board. The
17    distance of 500 feet shall be measured to the nearest part
18    of any building used for worship services, education
19    programs, residential purposes, or conducting inter-track
20    wagering by an inter-track wagering location licensee, and
21    not to property boundaries. However, inter-track wagering
22    or simulcast wagering may be conducted at a site within 500
23    feet of a church, school or residences of 50 or more
24    registered voters if such church, school or residences have
25    been erected or established, or such voters have been
26    registered, after the Board issues the original

 

 

09800SB3318sam002- 28 -LRB098 18284 JLS 58262 a

1    inter-track wagering location license at the site in
2    question. Inter-track wagering location licensees may
3    conduct inter-track wagering and simulcast wagering only
4    in areas that are zoned for commercial or manufacturing
5    purposes or in areas for which a special use has been
6    approved by the local zoning authority. However, no license
7    to conduct inter-track wagering and simulcast wagering
8    shall be granted by the Board with respect to any
9    inter-track wagering location within the jurisdiction of
10    any local zoning authority which has, by ordinance or by
11    resolution, prohibited the establishment of an inter-track
12    wagering location within its jurisdiction. However,
13    inter-track wagering and simulcast wagering may be
14    conducted at a site if such ordinance or resolution is
15    enacted after the Board licenses the original inter-track
16    wagering location licensee for the site in question.
17        (9) (Blank).
18        (10) An inter-track wagering licensee or an
19    inter-track wagering location licensee may retain, subject
20    to the payment of the privilege taxes and the purses, an
21    amount not to exceed 17% of all money wagered. Each program
22    of racing conducted by each inter-track wagering licensee
23    or inter-track wagering location licensee shall be
24    considered a separate racing day for the purpose of
25    determining the daily handle and computing the privilege
26    tax or pari-mutuel tax on such daily handle as provided in

 

 

09800SB3318sam002- 29 -LRB098 18284 JLS 58262 a

1    Section 27.
2        (10.1) Except as provided in subsection (g) of Section
3    27 of this Act, inter-track wagering location licensees
4    shall pay 1% of the pari-mutuel handle at each location to
5    the municipality in which such location is situated and 1%
6    of the pari-mutuel handle at each location to the county in
7    which such location is situated. In the event that an
8    inter-track wagering location licensee is situated in an
9    unincorporated area of a county, such licensee shall pay 2%
10    of the pari-mutuel handle from such location to such
11    county.
12        (10.2) Notwithstanding any other provision of this
13    Act, with respect to intertrack wagering at a race track
14    located in a county that has a population of more than
15    230,000 and that is bounded by the Mississippi River ("the
16    first race track"), or at a facility operated by an
17    inter-track wagering licensee or inter-track wagering
18    location licensee that derives its license from the
19    organization licensee that operates the first race track,
20    on races conducted at the first race track or on races
21    conducted at another Illinois race track and
22    simultaneously televised to the first race track or to a
23    facility operated by an inter-track wagering licensee or
24    inter-track wagering location licensee that derives its
25    license from the organization licensee that operates the
26    first race track, those moneys shall be allocated as

 

 

09800SB3318sam002- 30 -LRB098 18284 JLS 58262 a

1    follows:
2            (A) That portion of all moneys wagered on
3        standardbred racing that is required under this Act to
4        be paid to purses shall be paid to purses for
5        standardbred races.
6            (B) That portion of all moneys wagered on
7        thoroughbred racing that is required under this Act to
8        be paid to purses shall be paid to purses for
9        thoroughbred races.
10        (11) (A) After payment of the privilege or pari-mutuel
11    tax, any other applicable taxes, and the costs and expenses
12    in connection with the gathering, transmission, and
13    dissemination of all data necessary to the conduct of
14    inter-track wagering, the remainder of the monies retained
15    under either Section 26 or Section 26.2 of this Act by the
16    inter-track wagering licensee on inter-track wagering
17    shall be allocated with 50% to be split between the 2
18    participating licensees and 50% to purses, except that an
19    intertrack wagering licensee that derives its license from
20    a track located in a county with a population in excess of
21    230,000 and that borders the Mississippi River shall not
22    divide any remaining retention with the Illinois
23    organization licensee that provides the race or races, and
24    an intertrack wagering licensee that accepts wagers on
25    races conducted by an organization licensee that conducts a
26    race meet in a county with a population in excess of

 

 

09800SB3318sam002- 31 -LRB098 18284 JLS 58262 a

1    230,000 and that borders the Mississippi River shall not
2    divide any remaining retention with that organization
3    licensee.
4        (B) From the sums permitted to be retained pursuant to
5    this Act each inter-track wagering location licensee shall
6    pay (i) the privilege or pari-mutuel tax to the State; (ii)
7    4.75% of the pari-mutuel handle on intertrack wagering at
8    such location on races as purses, except that an intertrack
9    wagering location licensee that derives its license from a
10    track located in a county with a population in excess of
11    230,000 and that borders the Mississippi River shall retain
12    all purse moneys for its own purse account consistent with
13    distribution set forth in this subsection (h), and
14    intertrack wagering location licensees that accept wagers
15    on races conducted by an organization licensee located in a
16    county with a population in excess of 230,000 and that
17    borders the Mississippi River shall distribute all purse
18    moneys to purses at the operating host track; (iii) until
19    January 1, 2000, except as provided in subsection (g) of
20    Section 27 of this Act, 1% of the pari-mutuel handle
21    wagered on inter-track wagering and simulcast wagering at
22    each inter-track wagering location licensee facility to
23    the Horse Racing Tax Allocation Fund, provided that, to the
24    extent the total amount collected and distributed to the
25    Horse Racing Tax Allocation Fund under this subsection (h)
26    during any calendar year exceeds the amount collected and

 

 

09800SB3318sam002- 32 -LRB098 18284 JLS 58262 a

1    distributed to the Horse Racing Tax Allocation Fund during
2    calendar year 1994, that excess amount shall be
3    redistributed (I) to all inter-track wagering location
4    licensees, based on each licensee's pro-rata share of the
5    total handle from inter-track wagering and simulcast
6    wagering for all inter-track wagering location licensees
7    during the calendar year in which this provision is
8    applicable; then (II) the amounts redistributed to each
9    inter-track wagering location licensee as described in
10    subpart (I) shall be further redistributed as provided in
11    subparagraph (B) of paragraph (5) of subsection (g) of this
12    Section 26 provided first, that the shares of those
13    amounts, which are to be redistributed to the host track or
14    to purses at the host track under subparagraph (B) of
15    paragraph (5) of subsection (g) of this Section 26 shall be
16    redistributed based on each host track's pro rata share of
17    the total inter-track wagering and simulcast wagering
18    handle at all host tracks during the calendar year in
19    question, and second, that any amounts redistributed as
20    described in part (I) to an inter-track wagering location
21    licensee that accepts wagers on races conducted by an
22    organization licensee that conducts a race meet in a county
23    with a population in excess of 230,000 and that borders the
24    Mississippi River shall be further redistributed as
25    provided in subparagraphs (D) and (E) of paragraph (7) of
26    subsection (g) of this Section 26, with the portion of that

 

 

09800SB3318sam002- 33 -LRB098 18284 JLS 58262 a

1    further redistribution allocated to purses at that
2    organization licensee to be divided between standardbred
3    purses and thoroughbred purses based on the amounts
4    otherwise allocated to purses at that organization
5    licensee during the calendar year in question; and (iv) 8%
6    of the pari-mutuel handle on inter-track wagering wagered
7    at such location to satisfy all costs and expenses of
8    conducting its wagering. The remainder of the monies
9    retained by the inter-track wagering location licensee
10    shall be allocated 40% to the location licensee and 60% to
11    the organization licensee which provides the Illinois
12    races to the location, except that an intertrack wagering
13    location licensee that derives its license from a track
14    located in a county with a population in excess of 230,000
15    and that borders the Mississippi River shall not divide any
16    remaining retention with the organization licensee that
17    provides the race or races and an intertrack wagering
18    location licensee that accepts wagers on races conducted by
19    an organization licensee that conducts a race meet in a
20    county with a population in excess of 230,000 and that
21    borders the Mississippi River shall not divide any
22    remaining retention with the organization licensee.
23    Notwithstanding the provisions of clauses (ii) and (iv) of
24    this paragraph, in the case of the additional inter-track
25    wagering location licenses authorized under paragraph (1)
26    of this subsection (h) by this amendatory Act of 1991,

 

 

09800SB3318sam002- 34 -LRB098 18284 JLS 58262 a

1    those licensees shall pay the following amounts as purses:
2    during the first 12 months the licensee is in operation,
3    5.25% of the pari-mutuel handle wagered at the location on
4    races; during the second 12 months, 5.25%; during the third
5    12 months, 5.75%; during the fourth 12 months, 6.25%; and
6    during the fifth 12 months and thereafter, 6.75%. The
7    following amounts shall be retained by the licensee to
8    satisfy all costs and expenses of conducting its wagering:
9    during the first 12 months the licensee is in operation,
10    8.25% of the pari-mutuel handle wagered at the location;
11    during the second 12 months, 8.25%; during the third 12
12    months, 7.75%; during the fourth 12 months, 7.25%; and
13    during the fifth 12 months and thereafter, 6.75%. For
14    additional intertrack wagering location licensees
15    authorized under this amendatory Act of 1995, purses for
16    the first 12 months the licensee is in operation shall be
17    5.75% of the pari-mutuel wagered at the location, purses
18    for the second 12 months the licensee is in operation shall
19    be 6.25%, and purses thereafter shall be 6.75%. For
20    additional intertrack location licensees authorized under
21    this amendatory Act of 1995, the licensee shall be allowed
22    to retain to satisfy all costs and expenses: 7.75% of the
23    pari-mutuel handle wagered at the location during its first
24    12 months of operation, 7.25% during its second 12 months
25    of operation, and 6.75% thereafter.
26        (C) There is hereby created the Horse Racing Tax

 

 

09800SB3318sam002- 35 -LRB098 18284 JLS 58262 a

1    Allocation Fund which shall remain in existence until
2    December 31, 1999. Moneys remaining in the Fund after
3    December 31, 1999 shall be paid into the General Revenue
4    Fund. Until January 1, 2000, all monies paid into the Horse
5    Racing Tax Allocation Fund pursuant to this paragraph (11)
6    by inter-track wagering location licensees located in park
7    districts of 500,000 population or less, or in a
8    municipality that is not included within any park district
9    but is included within a conservation district and is the
10    county seat of a county that (i) is contiguous to the state
11    of Indiana and (ii) has a 1990 population of 88,257
12    according to the United States Bureau of the Census, and
13    operating on May 1, 1994 shall be allocated by
14    appropriation as follows:
15            Two-sevenths to the Department of Agriculture.
16        Fifty percent of this two-sevenths shall be used to
17        promote the Illinois horse racing and breeding
18        industry, and shall be distributed by the Department of
19        Agriculture upon the advice of a 9-member committee
20        appointed by the Governor consisting of the following
21        members: the Director of Agriculture, who shall serve
22        as chairman; 2 representatives of organization
23        licensees conducting thoroughbred race meetings in
24        this State, recommended by those licensees; 2
25        representatives of organization licensees conducting
26        standardbred race meetings in this State, recommended

 

 

09800SB3318sam002- 36 -LRB098 18284 JLS 58262 a

1        by those licensees; a representative of the Illinois
2        Thoroughbred Breeders and Owners Foundation,
3        recommended by that Foundation; a representative of
4        the Illinois Standardbred Owners and Breeders
5        Association, recommended by that Association; a
6        representative of the Horsemen's Benevolent and
7        Protective Association or any successor organization
8        thereto established in Illinois comprised of the
9        largest number of owners and trainers, recommended by
10        that Association or that successor organization; and a
11        representative of the Illinois Harness Horsemen's
12        Association, recommended by that Association.
13        Committee members shall serve for terms of 2 years,
14        commencing January 1 of each even-numbered year. If a
15        representative of any of the above-named entities has
16        not been recommended by January 1 of any even-numbered
17        year, the Governor shall appoint a committee member to
18        fill that position. Committee members shall receive no
19        compensation for their services as members but shall be
20        reimbursed for all actual and necessary expenses and
21        disbursements incurred in the performance of their
22        official duties. The remaining 50% of this
23        two-sevenths shall be distributed to county fairs for
24        premiums and rehabilitation as set forth in the
25        Agricultural Fair Act;
26            Four-sevenths to park districts or municipalities

 

 

09800SB3318sam002- 37 -LRB098 18284 JLS 58262 a

1        that do not have a park district of 500,000 population
2        or less for museum purposes (if an inter-track wagering
3        location licensee is located in such a park district)
4        or to conservation districts for museum purposes (if an
5        inter-track wagering location licensee is located in a
6        municipality that is not included within any park
7        district but is included within a conservation
8        district and is the county seat of a county that (i) is
9        contiguous to the state of Indiana and (ii) has a 1990
10        population of 88,257 according to the United States
11        Bureau of the Census, except that if the conservation
12        district does not maintain a museum, the monies shall
13        be allocated equally between the county and the
14        municipality in which the inter-track wagering
15        location licensee is located for general purposes) or
16        to a municipal recreation board for park purposes (if
17        an inter-track wagering location licensee is located
18        in a municipality that is not included within any park
19        district and park maintenance is the function of the
20        municipal recreation board and the municipality has a
21        1990 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 location

 

 

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1        licensee within the park district or conservation
2        district or municipality for the Fund. Monies that were
3        paid into the Horse Racing Tax Allocation Fund before
4        the effective date of this amendatory Act of 1991 by an
5        inter-track wagering location licensee located in a
6        municipality that is not included within any park
7        district but is included within a conservation
8        district as provided in this paragraph shall, as soon
9        as practicable after the effective date of this
10        amendatory Act of 1991, be allocated and paid to that
11        conservation district as provided in this paragraph.
12        Any park district or municipality not maintaining a
13        museum may deposit the monies in the corporate fund of
14        the park district or municipality where the
15        inter-track wagering location is located, to be used
16        for general purposes; and
17            One-seventh to the Agricultural Premium Fund to be
18        used for distribution to agricultural home economics
19        extension councils in accordance with "An Act in
20        relation to additional support and finances for the
21        Agricultural and Home Economic Extension Councils in
22        the several counties of this State and making an
23        appropriation therefor", approved July 24, 1967.
24        Until January 1, 2000, all other monies paid into the
25    Horse Racing Tax Allocation Fund pursuant to this paragraph
26    (11) shall be allocated by appropriation as follows:

 

 

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1            Two-sevenths to the Department of Agriculture.
2        Fifty percent of this two-sevenths shall be used to
3        promote the Illinois horse racing and breeding
4        industry, and shall be distributed by the Department of
5        Agriculture upon the advice of a 9-member committee
6        appointed by the Governor consisting of the following
7        members: the Director of Agriculture, who shall serve
8        as chairman; 2 representatives of organization
9        licensees conducting thoroughbred race meetings in
10        this State, recommended by those licensees; 2
11        representatives of organization licensees conducting
12        standardbred race meetings in this State, recommended
13        by those licensees; a representative of the Illinois
14        Thoroughbred Breeders and Owners Foundation,
15        recommended by that Foundation; a representative of
16        the Illinois Standardbred Owners and Breeders
17        Association, recommended by that Association; a
18        representative of the Horsemen's Benevolent and
19        Protective Association or any successor organization
20        thereto established in Illinois comprised of the
21        largest number of owners and trainers, recommended by
22        that Association or that successor organization; and a
23        representative of the Illinois Harness Horsemen's
24        Association, recommended by that Association.
25        Committee members shall serve for terms of 2 years,
26        commencing January 1 of each even-numbered year. If a

 

 

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1        representative of any of the above-named entities has
2        not been recommended by January 1 of any even-numbered
3        year, the Governor shall appoint a committee member to
4        fill that position. Committee members shall receive no
5        compensation for their services as members but shall be
6        reimbursed for all actual and necessary expenses and
7        disbursements incurred in the performance of their
8        official duties. The remaining 50% of this
9        two-sevenths shall be distributed to county fairs for
10        premiums and rehabilitation as set forth in the
11        Agricultural Fair Act;
12            Four-sevenths to museums and aquariums located in
13        park districts of over 500,000 population; provided
14        that the monies are distributed in accordance with the
15        previous year's distribution of the maintenance tax
16        for such museums and aquariums as provided in Section 2
17        of the Park District Aquarium and Museum Act; and
18            One-seventh to the Agricultural Premium Fund to be
19        used for distribution to agricultural home economics
20        extension councils in accordance with "An Act in
21        relation to additional support and finances for the
22        Agricultural and Home Economic Extension Councils in
23        the several counties of this State and making an
24        appropriation therefor", approved July 24, 1967. This
25        subparagraph (C) shall be inoperative and of no force
26        and effect on and after January 1, 2000.

 

 

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1            (D) Except as provided in paragraph (11) of this
2        subsection (h), with respect to purse allocation from
3        intertrack wagering, the monies so retained shall be
4        divided as follows:
5                (i) If the inter-track wagering licensee,
6            except an intertrack wagering licensee that
7            derives its license from an organization licensee
8            located in a county with a population in excess of
9            230,000 and bounded by the Mississippi River, is
10            not conducting its own race meeting during the same
11            dates, then the entire purse allocation shall be to
12            purses at the track where the races wagered on are
13            being conducted.
14                (ii) If the inter-track wagering licensee,
15            except an intertrack wagering licensee that
16            derives its license from an organization licensee
17            located in a county with a population in excess of
18            230,000 and bounded by the Mississippi River, is
19            also conducting its own race meeting during the
20            same dates, then the purse allocation shall be as
21            follows: 50% to purses at the track where the races
22            wagered on are being conducted; 50% to purses at
23            the track where the inter-track wagering licensee
24            is accepting such wagers.
25                (iii) If the inter-track wagering is being
26            conducted by an inter-track wagering location

 

 

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1            licensee, except an intertrack wagering location
2            licensee that derives its license from an
3            organization licensee located in a county with a
4            population in excess of 230,000 and bounded by the
5            Mississippi River, the entire purse allocation for
6            Illinois races shall be to purses at the track
7            where the race meeting being wagered on is being
8            held.
9        (12) The Board shall have all powers necessary and
10    proper to fully supervise and control the conduct of
11    inter-track wagering and simulcast wagering by inter-track
12    wagering licensees and inter-track wagering location
13    licensees, including, but not limited to the following:
14            (A) The Board is vested with power to promulgate
15        reasonable rules and regulations for the purpose of
16        administering the conduct of this wagering and to
17        prescribe reasonable rules, regulations and conditions
18        under which such wagering shall be held and conducted.
19        Such rules and regulations are to provide for the
20        prevention of practices detrimental to the public
21        interest and for the best interests of said wagering
22        and to impose penalties for violations thereof.
23            (B) The Board, and any person or persons to whom it
24        delegates this power, is vested with the power to enter
25        the facilities of any licensee to determine whether
26        there has been compliance with the provisions of this

 

 

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1        Act and the rules and regulations relating to the
2        conduct of such wagering.
3            (C) The Board, and any person or persons to whom it
4        delegates this power, may eject or exclude from any
5        licensee's facilities, any person whose conduct or
6        reputation is such that his presence on such premises
7        may, in the opinion of the Board, call into the
8        question the honesty and integrity of, or interfere
9        with the orderly conduct of such wagering; provided,
10        however, that no person shall be excluded or ejected
11        from such premises solely on the grounds of race,
12        color, creed, national origin, ancestry, or sex.
13            (D) (Blank).
14            (E) The Board is vested with the power to appoint
15        delegates to execute any of the powers granted to it
16        under this Section for the purpose of administering
17        this wagering and any rules and regulations
18        promulgated in accordance with this Act.
19            (F) The Board shall name and appoint a State
20        director of this wagering who shall be a representative
21        of the Board and whose duty it shall be to supervise
22        the conduct of inter-track wagering as may be provided
23        for by the rules and regulations of the Board; such
24        rules and regulation shall specify the method of
25        appointment and the Director's powers, authority and
26        duties.

 

 

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1            (G) The Board is vested with the power to impose
2        civil penalties of up to $5,000 against individuals and
3        up to $10,000 against licensees for each violation of
4        any provision of this Act relating to the conduct of
5        this wagering, any rules adopted by the Board, any
6        order of the Board or any other action which in the
7        Board's discretion, is a detriment or impediment to
8        such wagering.
9        (13) The Department of Agriculture may enter into
10    agreements with licensees authorizing such licensees to
11    conduct inter-track wagering on races to be held at the
12    licensed race meetings conducted by the Department of
13    Agriculture. Such agreement shall specify the races of the
14    Department of Agriculture's licensed race meeting upon
15    which the licensees will conduct wagering. In the event
16    that a licensee conducts inter-track pari-mutuel wagering
17    on races from the Illinois State Fair or DuQuoin State Fair
18    which are in addition to the licensee's previously approved
19    racing program, those races shall be considered a separate
20    racing day for the purpose of determining the daily handle
21    and computing the privilege or pari-mutuel tax on that
22    daily handle as provided in Sections 27 and 27.1. Such
23    agreements shall be approved by the Board before such
24    wagering may be conducted. In determining whether to grant
25    approval, the Board shall give due consideration to the
26    best interests of the public and of horse racing. The

 

 

09800SB3318sam002- 45 -LRB098 18284 JLS 58262 a

1    provisions of paragraphs (1), (8), (8.1), and (8.2) of
2    subsection (h) of this Section which are not specified in
3    this paragraph (13) shall not apply to licensed race
4    meetings conducted by the Department of Agriculture at the
5    Illinois State Fair in Sangamon County or the DuQuoin State
6    Fair in Perry County, or to any wagering conducted on those
7    race meetings.
8    (i) Notwithstanding the other provisions of this Act, the
9conduct of wagering at wagering facilities is authorized on all
10days, except as limited by subsection (b) of Section 19 of this
11Act.
12(Source: P.A. 97-1060, eff. 8-24-12; 98-18, eff. 6-7-13;
1398-624, eff. 1-29-14.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.".