State of Illinois
91st General Assembly
Legislation

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91_SB1017enr

 
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 1        AN ACT in relation to gambling, amending named Acts.

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

 4        Section 5.  The State Finance Act is  amended  by  adding
 5    Sections 5.490, 5.491, and 5.492 as follows:

 6        (30 ILCS 105/5.490 new)
 7        Sec. 5.490.  The Horse Racing Equity Fund.

 8        (30 ILCS 105/5.491 new)
 9        Sec.  5.491.   The  Illinois Racing Quarterhorse Breeders
10    Fund.

11        (30 ILCS 105/5.492 new)
12        Sec. 5.492.  The Horse Racing Fund.

13        Section 10. The Illinois Horse  Racing  Act  of  1975  is
14    amended by changing Sections 3.04, 3.075, 14, 15, 18, 20, 21,
15    26,  26.1,  27, 27.1, 28, 29, and 30 and adding Sections 1.2,
16    1.3, 20.1, 28.1, 30.5, 32.1, 54, and 55 as follows:

17        (230 ILCS 5/1.2 new)
18        Sec. 1.2.  Legislative intent. This Act  is  intended  to
19    benefit  the  people  of  the  State of Illinois by assisting
20    economic development  and  promoting  Illinois  tourism.  The
21    General  Assembly  finds  and  declares  it  to be the public
22    policy of the State of Illinois to:
23        (a)  support and enhance Illinois' horse racing industry,
24    which is a  significant  component  within  the  agribusiness
25    industry;
26        (b)  ensure  that Illinois' horse racing industry remains
27    competitive with neighboring states;
 
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 1        (c)  stimulate  growth  within  Illinois'  horse   racing
 2    industry,  thereby encouraging new investment and development
 3    to produce additional tax revenues and to  create  additional
 4    jobs;
 5        (d)  promote the further growth of tourism;
 6        (e)  encourage   the   breeding   of   thoroughbred   and
 7    standardbred horses in this State; and
 8        (f)  ensure  that  public  confidence  and  trust  in the
 9    credibility  and  integrity  of  racing  operations  and  the
10    regulatory process is maintained.

11        (230 ILCS 5/1.3 new)
12        Sec. 1.3.  Legislative findings.
13        (a)  The General Assembly finds that the Illinois  gaming
14    industry  is a single industry consisting of horse racing and
15    riverboat  gambling.   Reports  issued  by  the   legislative
16    Economic  and  Fiscal Commission in 1992, 1994, and 1998 have
17    found that horse racing and riverboat gambling:
18             (1)  "share many of the  same  characteristics"  and
19        are "more alike than different";
20             (2)  are planned events;
21             (3)  have similar odds of winning;
22             (4)  occur in similar settings; and
23             (5)  compete  with  each  other  for  limited gaming
24        dollars.
25        (b)  The General Assembly declares it to  be  the  public
26    policy  of  this  State to ensure the viability of both horse
27    racing and riverboat aspects of the Illinois gaming industry.
28    

29        (230 ILCS 5/3.04) (from Ch. 8, par. 37-3.04)
30        Sec. 3.04. "Director of  mutuels"  means  the  individual
31    representing the Board in the supervision and verification of
32    the  pari-mutuel  wagering  pool  totals for each racing day,
 
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 1    which verification shall be the  basis  for  computing  State
 2    privilege  or  pari-mutuel  taxes,  licensee  commissions and
 3    purses.
 4    (Source: P.A. 89-16, eff. 5-30-95.)

 5        (230 ILCS 5/3.075)
 6        Sec. 3.075.  (a)  "Host  track"  means  the  organization
 7    licensee  (i) conducting live thoroughbred racing between the
 8    hours of 6:30 a.m. and 6:30 p.m. from the first  day  to  the
 9    last  day  of  its  horse racing meet as awarded by the Board
10    (including all days within that period when  no  live  racing
11    occurs),  except as otherwise provided in subsections (c) and
12    (e) of this Section, or  (ii)  conducting  live  standardbred
13    racing  between  the  hours  of 6:30 p.m. to 6:30 a.m. of the
14    following day from the first day to the last day of its horse
15    racing meet as awarded  by  the  Board  (including  all  days
16    within  that  period  when  no  live racing occurs, except as
17    otherwise provided in subsections (b), (d), and (e)  of  this
18    Section);  provided  that  the organization licensee conducts
19    live racing no fewer than 5 days per week with no fewer  than
20    9  races  per day, unless a lesser schedule of live racing is
21    the result of (1) weather, unsafe track conditions, or  other
22    acts  of  God;  (2)  an  agreement  between  the organization
23    licensee and the associations representing the largest number
24    of owners, trainers, and standardbred drivers who race horses
25    at  that  organization  licensee's  race  meeting,  with  the
26    Board's consent; or (3) a  decision  by  the  Board  after  a
27    public  hearing  (in  which the associations representing the
28    owners, trainers, jockeys, or standardbred drivers  who  race
29    horses  at  that  organization  licensee's race meeting shall
30    participate) either at the time racing dates are  awarded  or
31    after  those  dates  are  awarded  due  to  changed financial
32    circumstances, upon a written petition from the  organization
33    licensee,   accompanied   by  supporting  financial  data  as
 
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 1    requested  by  the  Board,  stating  that  the   organization
 2    licensee has and will continue to incur significant financial
 3    losses.  No organization licensee conducting its race meeting
 4    in  a  county  bordering  the  Mississippi River and having a
 5    population greater than 230,000 may be a host track  for  its
 6    race meeting.
 7        (b)  (Blank).    Notwithstanding    the   provisions   of
 8    subsection (a) of this  Section,  any  organization  licensee
 9    that  conducts  a standardbred race meeting fewer than 5 days
10    per week between the hours of 6:30 p.m. and 6:30  a.m.  prior
11    to  December  31,  1995 in a county with a population of less
12    than 1,000,000 and contiguous to the State of Indiana may  be
13    deemed  a host track during those hours on days when no other
14    organization  licensee  is  conducting  a  standardbred  race
15    meeting during those hours.
16        (c)  (Blank). In the event 2 organization  licensees  are
17    conducting  thoroughbred  race  meetings concurrently between
18    the hours of  6:30  a.m.  and  6:30  p.m.,  the  organization
19    licensee  with  the most race dates between the hours of 6:30
20    a.m. and 6:30 p.m. awarded by the Board for that  year  shall
21    be designated the host track.
22        (d)  Notwithstanding  the provisions of subsection (a) of
23    this Section and except as otherwise provided  in  subsection
24    (e)  of  this  Section,  in  the  event  that  2 organization
25    licensees   conduct   their   standardbred   race    meetings
26    concurrently  on  any date after January 1, 1996, between the
27    hours of 6:30 p.m. and 6:30 a.m., the  organization  licensee
28    awarded the most racing dates between 6:30 p.m. and 6:30 a.m.
29    during  the  calendar  year  in  which that concurrent racing
30    occurs will be deemed the host track,  provided  that  the  2
31    organization licensees collectively conduct live standardbred
32    racing  between  6:30  p.m.  and 6:30 a.m. during the week in
33    which concurrent race meetings occur no less than 5 days  per
34    week  with no less than 9 races per day.  During each week of
 
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 1    the calendar year  in  which  2  organization  licensees  are
 2    conducting  live standardbred race meetings between 6:30 p.m.
 3    and 6:30 a.m., if there is any day in that week on which only
 4    one organization licensee is conducting a  standardbred  race
 5    meeting  between  6:30  p.m. and 6:30 a.m., that organization
 6    licensee  shall  be  the  host  track  provided  that  the  2
 7    organization licensees collectively conduct live standardbred
 8    racing between 6:30 p.m. and 6:30 a.m.  during  the  week  in
 9    which  concurrent race meetings occur no less than 5 days per
10    week with no less than 9 races per day.  During each week  of
11    the  calendar  year  in  which  2  organization licensees are
12    concurrently conducting live standardbred  race  meetings  on
13    one or more days between 6:30 p.m. and 6:30 a.m., if there is
14    any  day  in  that  week on which no organization licensee is
15    conducting a standardbred race meeting between 6:30 p.m.  and
16    6:30   a.m.,   the   organization   licensee   conducting   a
17    standardbred  race  meeting  during that week and time period
18    that has been  awarded  the  most  racing  dates  during  the
19    calendar  year  between  6:30 p.m. and 6:30 a.m. shall be the
20    host  track,  provided  that  the  2  organization  licensees
21    collectively conduct live standardbred  racing  between  6:30
22    p.m.  and  6:30 a.m. during the week in which concurrent race
23    meetings occur no less than 5 days per week with no less than
24    9 races per day.  The requirement in this subsection (d) that
25    live racing be conducted no less than 5 days per week with no
26    less than 9 races per day shall be subject to exceptions  set
27    forth in items (1), (2), and (3) of subsection (a) of Section
28    3.075.
29        (e)  During  any calendar period in which no organization
30    licensee has been awarded a thoroughbred  race  meeting,  the
31    host  track,  between the hours of 6:30 a.m. and 6:30 p.m. of
32    such period, shall be an organization licensee determined  by
33    the  Board,  provided  the  organization  licensee  has  been
34    awarded  a  thoroughbred race meeting in the current year and
 
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 1    is eligible to be  a  host  track.  During  the  period  from
 2    January  1  to the third Friday in February, inclusive, if no
 3    live thoroughbred racing is occurring in Illinois,  the  host
 4    track  between  6:30 a.m. and 6:30 p.m. during this period of
 5    the year from the first day to  the  last  day  of  its  race
 6    meeting  including  all  days  when  it does not conduct live
 7    racing between 6:30 a.m. and 6:30 p.m.  is  the  organization
 8    licensee  that conducts live standardbred racing between 6:30
 9    a.m. and 6:30 p.m. during the week in which its race  meeting
10    occurs, provided that the organization licensee conducts live
11    standardbred racing no less than 5 days per week with no less
12    than  9  races  per  day.  If  2  organization  licensees are
13    conducting standardbred race meetings concurrently on any day
14    or on different days within the same week between  the  hours
15    of  6:30  a.m. and 6:30 p.m. during the period from January 1
16    to the third  Friday  in  February,  inclusive,  if  no  live
17    thoroughbred  racing  is  occurring  in  Illinois during this
18    period, the host track shall  be  the  organization  licensee
19    with  the  most  race dates awarded by the Board between 6:30
20    a.m. and 6:30 p.m. for this period and shall  be  deemed  the
21    host  track  from  the  first day to the last day of its race
22    meeting during this period  including  all  days  within  the
23    period  when  no  live  racing  occurs,  provided  that the 2
24    organization licensees collectively conduct live standardbred
25    racing between 6:30 a.m. and 6:30 p.m.  during  the  week  in
26    which  concurrent race meetings occur no less than 5 days per
27    week with no less than 9 races per day.   If  2  organization
28    licenses    are   conducting   standardbred   race   meetings
29    concurrently on any day between the hours of  6:30  p.m.  and
30    6:30  a.m.  of  January  1  to  the third Friday in February,
31    inclusive, the host track shall be the organization  licensee
32    with  the  most  race dates awarded by the Board between 6:30
33    p.m. and 6:30 a.m. during this period, provided  that  the  2
34    organization licensees collectively conduct live standardbred
 
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 1    racing  between  6:30  p.m.  and 6:30 a.m. during the week in
 2    which concurrent race meetings occur no less than 5 days  per
 3    week  with  no less than 9 races per day.  The requirement in
 4    this subsection (e) that live racing  be  conducted  no  less
 5    than  5 days per week with no less than 9 races per day shall
 6    be subject to exceptions set forth in subsections  (1),  (2),
 7    and (3) of subsection (a) of Section 3.075.
 8    (Source: P.A. 89-16, eff. 5-30-95.)

 9        (230 ILCS 5/14) (from Ch. 8, par. 37-14)
10        Sec.  14.  (a)  The  Board shall hold regular and special
11    meetings at such times and places  as  may  be  necessary  to
12    perform  properly  and  effectively all duties required under
13    this Act.  A majority of  the  members  of  the  Board  shall
14    constitute  a quorum for the transaction of any business, for
15    the performance of any duty, or for the exercise of any power
16    which this  Act  requires  the  Board  members  to  transact,
17    perform  or  exercise  en banc, except that upon order of the
18    Board one of the  Board   members  may  conduct  the  hearing
19    provided  in  Section  16.  The  Board member conducting such
20    hearing shall have all powers and rights granted to the Board
21    in this Act.   The  record  made  at  the  hearing  shall  be
22    reviewed  by  the  Board,  or  a  majority  thereof,  and the
23    findings and decision of the  majority  of  the  Board  shall
24    constitute the order of the Board in such case.
25        (b)  The  Board shall obtain a court reporter who will be
26    present at  each regular and special meeting  and  proceeding
27    and  who  shall  make  accurate transcriptions thereof except
28    that when in the judgment of the Board an emergency situation
29    requires a meeting by teleconference, the executive  director
30    shall  prepare minutes of the meeting indicating the date and
31    time of the meeting and  which  members  of  the  Board  were
32    present   or   absent,   summarizing  all  matters  proposed,
33    deliberated, or decided at the meeting,  and  indicating  the
 
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 1    results  of  all votes taken.  The public shall be allowed to
 2    listen to the proceedings of that meeting at all Board branch
 3    offices.
 4        (c)  The Board shall provide records which  are  separate
 5    and    distinct  from the records of any other State board or
 6    commission.  Such  records  shall  be  available  for  public
 7    inspection   and   shall   accurately   reflect   all   Board
 8    proceedings.
 9        (d)  The Board shall file a written  annual  report  with
10    the  Governor  on  or  before  March  1  each  year  and such
11    additional reports as the Governor may request.   The  annual
12    report   shall   include   a   statement   of   receipts  and
13    disbursements by the Board, actions taken  by  the  Board,  a
14    report   on   the   industry's  progress  toward  the  policy
15    objectives established in Section 1.2 of this  Act,  and  any
16    additional  information  and  recommendations which the Board
17    may deem valuable or which the Governor may request.
18        (e)  The Board shall maintain  a  branch  office  on  the
19    ground of every organization licensee during the organization
20    licensee's  race  meeting,  which  office  shall be kept open
21    throughout the time the race  meeting  is  held.   The  Board
22    shall  designate  one of its members,  or an authorized agent
23    of the Board who shall have the  authority  to  act  for  the
24    Board,  to  be in charge of the branch office during the time
25    it is required to be kept open.
26    (Source: P.A. 88-495; 89-16, eff. 5-30-95.)

27        (230 ILCS 5/15) (from Ch. 8, par. 37-15)
28        Sec. 15.  (a) The Board shall, in its  discretion,  issue
29    occupation   licenses  to  horse  owners,  trainers,  harness
30    drivers,  jockeys,  agents,   apprentices,   grooms,   stable
31    foremen,    exercise    persons,    veterinarians,    valets,
32    blacksmiths,  concessionaires  and  others  designated by the
33    Board whose work, in whole or  in  part,  is  conducted  upon
 
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 1    facilities  within  the State.  Such occupation licenses will
 2    be obtained prior to the  persons engaging in their  vocation
 3    upon such facilities. The Board shall not license pari-mutuel
 4    clerks,  parking attendants, security guards and employees of
 5    concessionaires.  No occupation license shall be required  of
 6    any  person  who  works  at facilities within this State as a
 7    pari-mutuel clerk, parking attendant, security guard or as an
 8    employee of a concessionaire. Concessionaires of the Illinois
 9    State Fair and  DuQuoin  State  Fair  and  employees  of  the
10    Illinois  Department  of Agriculture shall not be required to
11    obtain an occupation license by the Board.
12        (b)  Each application for an occupation license shall  be
13    on forms prescribed by the Board.  Such license, when issued,
14    shall  be  for  the  period  ending December 31 of each year,
15    except that the Board in  its  discretion  may  grant  3-year
16    licenses.   The  application shall be accompanied by a fee of
17    not more than  $25  per  year  or,  in  the  case  of  3-year
18    occupation  license applications, a fee of not more than $60.
19    Each applicant shall set forth in the  application  his  full
20    name  and address, and if he had been issued prior occupation
21    licenses or has been licensed in any other  state  under  any
22    other  name,  such  name, his age, whether or not a permit or
23    license issued to him in any other state has  been  suspended
24    or revoked and if so whether such suspension or revocation is
25    in  effect  at  the  time  of the application, and such other
26    information as the Board may require. Fees  for  registration
27    of stable names shall not exceed $50.00.
28        (c)  The Board may in its discretion refuse an occupation
29    license to any person:
30             (1)  who has been convicted of a crime;
31             (2)  who   is  unqualified  to  perform  the  duties
32        required of such applicant;
33             (3)  who fails to disclose  or  states  falsely  any
34        information called for in the application;
 
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 1             (4)  who  has  been  found  guilty of a violation of
 2        this Act or of the rules and regulations of the Board; or
 3             (5)  whose license or  permit  has  been  suspended,
 4        revoked or denied for just cause in any other state.
 5        (d)  The  Board  may  suspend  or  revoke  any occupation
 6    license:
 7             (1)  for violation of any of the provisions of  this
 8        Act; or
 9             (2)  for   violation   of   any   of  the  rules  or
10        regulations of the Board; or
11             (3)  for any cause which, if  known  to  the  Board,
12        would  have justified the Board in refusing to issue such
13        occupation license; or
14             (4)  for any other just cause.
15        (e)  Each applicant for licensure shall submit  with  his
16    occupation  license  application,  on  forms  provided by the
17    Board, 2 sets of his fingerprints. All such applicants  shall
18    appear  in person at the location designated by the Board for
19    the purpose of submitting such sets of fingerprints; however,
20    with the prior approval of a State steward, an applicant  may
21    have  such  sets  of  fingerprints  taken  by an official law
22    enforcement agency and submitted to the Board.
23        The Board shall cause one set of such fingerprints to  be
24    compared  with  fingerprints  of  criminals  now or hereafter
25    filed in the records of  the  Illinois  Department  of  State
26    Police.   The  Board shall also cause such fingerprints to be
27    compared with fingerprints  of  criminals  now  or  hereafter
28    filed  in  the  records  of  other official fingerprint files
29    within or without this State.
30        The Board may, in its discretion, require  the  applicant
31    to  pay  a  fee  for  the  purpose of having his fingerprints
32    processed.  The  fingerprint  processing  fee  shall  be  set
33    annually  by  the Director of State Police, based upon actual
34    costs.
 
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 1        (f)  The  Board  may,  in  its   discretion,   issue   an
 2    occupation  license  without submission of fingerprints if an
 3    applicant has been duly licensed in another recognized racing
 4    jurisdiction state  after  submitting  fingerprints  in  that
 5    jurisdiction state.
 6    (Source: P.A. 88-495; 89-16, eff. 5-30-95.)

 7        (230 ILCS 5/18) (from Ch. 8, par. 37-18)
 8        Sec.   18.   (a)  Together  with  its  application,  each
 9    applicant for racing dates  shall  deliver  to  the  Board  a
10    certified  check  or  bank  draft payable to the order of the
11    Board for $1,000.  In the event  the  applicant  applies  for
12    racing  dates in 2 or 3 successive calendar years as provided
13    in subsection (b) of Section 21, the  fee  shall  be  $2,000.
14    Filing   fees   shall  not  be  refunded  in  the  event  the
15    application is denied.
16        (b)  In addition to the filing fee of $1000 and the  fees
17    provided  in  subsection (j) of Section 20, each organization
18    licensee shall pay a license fee  of  $100  for  each  racing
19    program  on which its daily pari-mutuel handle is $400,000 or
20    more but less than $700,000, and a license fee  of  $200  for
21    each  racing program on which its daily pari-mutuel handle is
22    $700,000 or more. The additional fees  required  to  be  paid
23    under  this  Section  by this amendatory Act of 1982 shall be
24    remitted by the organization licensee to the Illinois  Racing
25    Board  with each day's graduated privilege tax or pari-mutuel
26    tax and breakage as provided under Section 27.
27        (c)  Sections  11-42-1,  11-42-5,  and  11-54-1  of   the
28    "Illinois  Municipal  Code," approved May 29, 1961, as now or
29    hereafter amended, shall not apply to any license under  this
30    Act.
31    (Source: P.A. 88-495; 89-16, eff. 5-30-95.)

32        (230 ILCS 5/20) (from Ch. 8, par. 37-20)
 
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 1        Sec.  20. (a) Any person desiring to conduct a horse race
 2    meeting may apply to the Board for an  organization  license.
 3    The  application  shall  be  made  on  a  form prescribed and
 4    furnished by the Board.  The application shall specify:
 5             (1)  the dates on which it intends  to  conduct  the
 6        horse  race  meeting, which dates shall be provided under
 7        Section 21;
 8             (2)  the hours of each racing day between  which  it
 9        intends to hold or conduct horse racing at such meeting;
10             (3)  the  location  where it proposes to conduct the
11        meeting; and
12             (4)  any other information the Board may  reasonably
13        require.
14        (b)  A  separate  application for an organization license
15    shall be filed for each horse race meeting which such  person
16    proposes  to  hold.  Any  such  application,  if  made  by an
17    individual, or by any individual as trustee, shall be  signed
18    and  verified  under  oath  by  such  individual.  If made by
19    individuals or a partnership, it shall be signed and verified
20    under oath by at least 2 of such individuals  or  members  of
21    such    partnership  as  the  case  may  be.  If  made  by an
22    association, corporation, corporate  trustee  or   any  other
23    entity,  it  shall be signed by the president and attested by
24    the secretary or assistant secretary under the seal  of  such
25    association, trust or corporation if it has a seal, and shall
26    also be verified under oath by one of the signing officers.
27        (c)  The  application  shall  specify  the  name  of  the
28    persons,  association,  trust,  or  corporation  making  such
29    application  and the post office address of the applicant; if
30    the applicant is a trustee, the names and  addresses  of  the
31    beneficiaries;  if  a  corporation, the names and post office
32    addresses of all officers, stockholders and directors; or  if
33    such  stockholders hold stock as a  nominee or fiduciary, the
34    names  and  post   office   addresses   of   these   persons,
 
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 1    partnerships,  corporations, or trusts who are the beneficial
 2    owners thereof or who are  beneficially  interested  therein;
 3    and  if a partnership, the names and post office addresses of
 4    all partners, general or  limited;  if  the  applicant  is  a
 5    corporation, the name of the state of its incorporation shall
 6    be specified.
 7        (d)  The  applicant shall execute and file with the Board
 8    a good faith affirmative action plan to recruit,  train,  and
 9    upgrade   minorities   in   all  classifications  within  the
10    association.
11        (e)  With such application there shall  be  delivered  to
12    the  Board  a  certified  check  or bank draft payable to the
13    order of the  Board  for  an  amount  equal  to  $1,000.  All
14    applications  for  the  issuance  of  an organization license
15    shall be filed with the Board before August  1  of  the  year
16    prior  to  the  year  for which application for race dates is
17    made and shall be acted upon by the Board at a meeting to  be
18    held  on such date  as shall be fixed by the Board during the
19    last 15 days  of  September  of  such  prior  year  provided,
20    however,   that  for  applications  for  1996  racing  dates,
21    applications shall be filed prior to September 1, 1995.    At
22    such  meeting,  the  Board  shall  announce  the award of the
23    racing meets, live racing schedule, and designation  of  host
24    track  to  the  applicants and its approval or disapproval of
25    each application. to respective applicants racing  dates  for
26    the  year  or  years  but No announcement shall be considered
27    binding until a formal order is executed by the Board,  which
28    shall  be  executed  no  later  than October 15 of that prior
29    year. Absent  the  agreement  of  the  affected  organization
30    licensees,   the  Board  shall  not  grant  overlapping  race
31    meetings to 2 or more tracks that are  within  100  miles  of
32    each other to conduct the thoroughbred racing.
33        (e-5)  In  reviewing  an  application  for the purpose of
34    granting an organization license  consistent  with  the  best
 
SB1017 Enrolled            -14-                LRB9105678LDmb
 1    interests  of  the  public and the sport of horse racing, the
 2    Board shall consider:
 3             (1)  the  character,  reputation,  experience,   and
 4        financial  integrity  of  the  applicant and of any other
 5        separate person that either:
 6                  (i)  controls  the   applicant,   directly   or
 7             indirectly, or
 8                  (ii)  is controlled, directly or indirectly, by
 9             that applicant or by a person who controls, directly
10             or indirectly, that applicant;
11             (2)  the    applicant's   facilities   or   proposed
12        facilities for conducting horse racing;
13             (3)  the total revenue  without  regard  to  Section
14        32.1  to  be  derived  by the State and horsemen from the
15        applicant's conducting a race meeting;
16             (4)  the applicant's good faith  affirmative  action
17        plan  to  recruit,  train,  and upgrade minorities in all
18        employment classifications;
19             (5)  the applicant's financial ability  to  purchase
20        and maintain adequate liability and casualty insurance;
21             (6)  the   applicant's  proposed  and  prior  year's
22        promotional and marketing activities and expenditures  of
23        the applicant associated with those activities;
24             (7)  an   agreement,   if  any,  among  organization
25        licensees as provided in subsection (b) of Section 21  of
26        this Act; and
27             (8)  the  extent  to  which the applicant exceeds or
28        meets other standards for the issuance of an organization
29        license that the Board shall adopt by rule.
30        In granting organization licenses  and  allocating  dates
31    for  horse  race meetings, the Board shall have discretion to
32    determine an overall schedule, including required  simulcasts
33    of  Illinois races by host tracks that will, in its judgment,
34    be conducive to the best interests  of  the  public  and  the
 
SB1017 Enrolled            -15-                LRB9105678LDmb
 1    sport of horse racing.
 2        (e-10)  The  Illinois  Administrative Procedure Act shall
 3    apply to administrative procedures of the  Board  under  this
 4    Act  for the granting of an organization license, except that
 5    (1) notwithstanding  the  provisions  of  subsection  (b)  of
 6    Section  10-40  of  the Illinois Administrative Procedure Act
 7    regarding cross-examination, the Board  may  prescribe  rules
 8    limiting  the  right  of  an  applicant or participant in any
 9    proceeding  to  award  an  organization  license  to  conduct
10    cross-examination of witnesses at that proceeding where  that
11    cross-examination  would  unduly obstruct the timely award of
12    an organization license under subsection (e) of Section 20 of
13    this Act; (2) the provisions of Section 10-45 of the Illinois
14    Administrative Procedure Act regarding proposals for decision
15    are  excluded  under  this  Act;  (3)   notwithstanding   the
16    provisions of subsection (a) of Section 10-60 of the Illinois
17    Administrative    Procedure    Act    regarding    ex   parte
18    communications, the Board may  prescribe  rules  allowing  ex
19    parte  communications  with  applicants  or participants in a
20    proceeding to award an organization license where  conducting
21    those communications would be in the best interest of racing,
22    provided all those communications are made part of the record
23    of  that  proceeding  pursuant  to  subsection (c) of Section
24    10-60 of the Illinois Administrative Procedure Act;  (4)  the
25    provisions  of  Section  14a of this Act and the rules of the
26    Board promulgated under that Section shall apply  instead  of
27    the  provisions  of Article 10 of the Illinois Administrative
28    Procedure Act regarding administrative law  judges;  and  (5)
29    the  provisions  of  subsection  (d)  of Section 10-65 of the
30    Illinois Administrative Procedure Act  that  prevent  summary
31    suspension  of  a  license pending revocation or other action
32    shall not apply.
33        (f)  The Board may allot racing dates to an  organization
34    licensee for more than one calendar year but for no more than
 
SB1017 Enrolled            -16-                LRB9105678LDmb
 1    3  successive  calendar  years  in advance, provided that the
 2    Board shall review such allotment for more than one  calendar
 3    year  prior  to  each  year for which such allotment has been
 4    made.  The granting of an organization license  to  a  person
 5    constitutes a privilege to conduct a horse race meeting under
 6    the  provisions  of  this  Act,  and  no  person  granted  an
 7    organization  license  shall  be  deemed  to  have  a  vested
 8    interest, property right, or future expectation to receive an
 9    organization  license  in  any subsequent year as a result of
10    the  granting  of  an  organization   license.   Organization
11    licenses  shall  be subject to revocation if the organization
12    licensee has violated any provision of this Act or the  rules
13    and  regulations  promulgated  under  this  Act  or  has been
14    convicted of a crime or has failed to disclose or has  stated
15    falsely  any information called for in the application for an
16    organization license.  Any  organization  license  revocation
17    proceeding  shall  be in accordance with Section 16 regarding
18    suspension and revocation of occupation licenses.
19        (f-5)  If, (i) an applicant does not file  an  acceptance
20    of  the  racing  dates awarded by the Board as required under
21    part (1) of subsection (h) of this Section  20,  or  (ii)  an
22    organization  licensee  has  its license suspended or revoked
23    under this Act,  the  Board,  upon  conducting  an  emergency
24    hearing  as  provided  for  in  this  Act,  may reaward on an
25    emergency basis pursuant to rules established by  the  Board,
26    racing dates not accepted or the racing dates associated with
27    any   suspension   or   revocation  period  to  one  or  more
28    organization licensees, new applicants,  or  any  combination
29    thereof,  upon terms and conditions that the Board determines
30    are  in  the  best  interest   of   racing,   provided,   the
31    organization   licensees  or  new  applicants  receiving  the
32    awarded racing dates file an acceptance  of  those  reawarded
33    racing  dates  as  required under paragraph (1) of subsection
34    (h) of this Section 20 and comply with the  other  provisions
 
SB1017 Enrolled            -17-                LRB9105678LDmb
 1    of  this  Act.   The  Illinois  Administrative Procedures Act
 2    shall not apply to the administrative procedures of the Board
 3    in conducting the emergency hearing and the  reallocation  of
 4    racing dates on an emergency basis.
 5        (g)  (Blank).
 6        (h)  The  Board  shall  send  the applicant a copy of its
 7    formally executed order by certified mail  addressed  to  the
 8    applicant  at  the  address  stated in his application, which
 9    notice shall be mailed within 5 days of the date  the  formal
10    order is executed.
11        Each  applicant  notified  shall,  within  10  days after
12    receipt of the final executed order  of  the  Board  awarding
13    racing dates:
14             (1)  file with the Board an acceptance of such award
15        in the form prescribed by the Board;
16             (2)  pay  to the Board an additional amount equal to
17        $110 for each racing date awarded; and
18             (3)  file with  the  Board  the  bonds  required  in
19        Sections  21  and  25 at least 20 days prior to the first
20        day of each race meeting.
21    Upon compliance with the provisions of paragraphs  (1),  (2),
22    and (3) of this subsection (h), the applicant shall be issued
23    an organization license.
24        If  any  applicant  fails  to comply with this Section or
25    fails to pay the organization license fees  herein  provided,
26    no organization license shall be issued to such applicant.
27    (Source:  P.A.  88-495;  89-16,  eff.  5-30-95;  89-626, eff.
28    8-9-96.)

29        (230 ILCS 5/20.1 new)
30        Sec. 20.1.  Authority of licensees.
31        (a)  Notwithstanding  anything  in  this   Act   to   the
32    contrary, an organization licensee shall have authority to:
33             (1)  determine   prices   charged   for   goods  and
 
SB1017 Enrolled            -18-                LRB9105678LDmb
 1        services;
 2             (2)  determine prices charged for wagering products,
 3        subject to Sections 26 and 26.2 of this Act;
 4             (3)  determine its hours of operation, subject to at
 5        least 30 days prior notice to the Board if such hours are
 6        different than  provided  such  licensee's  racing  dates
 7        application; and
 8             (4)  otherwise manage its business operations.
 9        (b)  The  Board  may disapprove of any business practices
10    by organization licensees identified  in  subsection  (a)  of
11    this  Section  if  the  Board  finds  that such practices are
12    detrimental to the public interest.

13        (230 ILCS 5/21) (from Ch. 8, par. 37-21)
14        Sec. 21. (a) Applications for organization licenses  must
15    be filed with the Board at a time and place prescribed by the
16    rules  and regulations of the Board.  The Board shall examine
17    the applications within 21 days after the  date  allowed  for
18    filing  with  respect  to  their conformity with this Act and
19    such rules  and regulations  as  may  be  prescribed  by  the
20    Board.   If  any application does not comply with this Act or
21    the rules and  regulations  prescribed  by  the  Board,  such
22    application  may  be  rejected  and  an  organization license
23    refused to the applicant, or the Board may, within 21 days of
24    the receipt of such application, advise the applicant of  the
25    deficiencies  of  the  application under the Act or the rules
26    and regulations of the Board, and require the submittal of an
27    amended application within a reasonable  time  determined  by
28    the  Board;  and upon submittal of the amended application by
29    the  applicant,  the  Board  may  consider  the   application
30    consistent  with the process described in subsection (e-5) of
31    Section 20 of this Act.  If it is found to be  in  compliance
32    with this Act and the rules and regulations of the Board, the
33    Board   may  then  issue  an  organization  license  to  such
 
SB1017 Enrolled            -19-                LRB9105678LDmb
 1    applicant.
 2        (b)  The Board may exercise discretion in granting racing
 3    dates to qualified applicants different from those  requested
 4    by  the  applicants  in  their applications.  However, if all
 5    eligible applicants for organization  licenses  whose  tracks
 6    are located within 100 miles of each other execute and submit
 7    to  the Board a written agreement among such applicants as to
 8    the award of racing dates, including where applicable  racing
 9    programs,  for  up  to  3  consecutive years, then subject to
10    annual review of each applicant's compliance with Board rules
11    and  regulations,  provisions  of  this  Act  and  conditions
12    contained in annual dates orders issued  by  the  Board,  the
13    Board may grant such dates and programs to such applicants as
14    so  agreed  by them if the Board determines that the grant of
15    these racing dates is in the best interests of  racing.   The
16    Board  shall  treat  any  such  agreement  as  the  agreement
17    signatories'  joint  and several application for racing dates
18    during the term of the agreement.
19        (c)  Where 2 or more applicants propose to conduct  horse
20    race  meetings within 35 miles of each other, as certified to
21    the  Board  under  Section  19  (a)  (1)  of  this  Act,   on
22    conflicting  dates,  the  Board  may  determine and grant the
23    number of racing days to be awarded to the several applicants
24    in accordance with the  provisions  of  subsection  (e-5)  of
25    Section 20 of this Act.
26        (d)  (Blank).
27        (e)  Prior  to  the  issuance of an organization license,
28    the applicant shall file with the Board a bond payable to the
29    State of Illinois in the sum of  $200,000,  executed  by  the
30    applicant  and a surety company or companies authorized to do
31    business in this State, and conditioned upon the  payment  by
32    the  organization licensee of all taxes due under Section 27,
33    other monies due and payable under this Act, all  purses  due
34    and  payable,  and  that  the organization licensee will upon
 
SB1017 Enrolled            -20-                LRB9105678LDmb
 1    presentation of the winning ticket or tickets distribute  all
 2    sums due to the patrons of pari-mutuel pools.
 3        (f)  Each  organization  license shall specify the person
 4    to whom it is issued, the dates upon which  horse  racing  is
 5    permitted, and the location, place, track, or enclosure where
 6    the horse race meeting is to be held.
 7        (g)  Any  person  who owns one or more race tracks within
 8    the State may seek, in its own name, a separate  organization
 9    license for each race track.
10        (h)  All racing conducted under such organization license
11    is  subject to this Act and to the rules and regulations from
12    time  to  time  prescribed  by  the  Board,  and  every  such
13    organization license issued by  the  Board  shall  contain  a
14    recital to that effect.
15        (i)  Each  such organization licensee may provide that at
16    least one race per day  may  be  devoted  to  the  racing  of
17    quarter horses, appaloosas, arabians, or paints.
18        (j)  In acting on applications for organization licenses,
19    the  Board shall give weight to an organization license which
20    has implemented a good faith  affirmative  action  effort  to
21    recruit,  train and upgrade minorities in all classifications
22    within the organization license.
23    (Source: P.A. 89-16, eff. 5-30-95; 90-754, eff. 1-1-99.)

24        (230 ILCS 5/26) (from Ch. 8, par. 37-26)
25        Sec. 26. Wagering.
26        (a)  Any  licensee  may   conduct   and   supervise   the
27    pari-mutuel system of wagering, as defined in Section 3.12 of
28    this   Act,   on   horse   races  conducted  by  an  Illinois
29    organization licensee or conducted at a racetrack located  in
30    another  state  or  country  and  televised  in  Illinois  in
31    accordance  with  subsection  (g)  of Section 26 of this Act.
32    Subject to the prior consent  of  the  Board,  licensees  may
33    supplement  any  pari-mutuel  pool  in  order  to guarantee a
 
SB1017 Enrolled            -21-                LRB9105678LDmb
 1    minimum distribution.  Such pari-mutuel  method  of  wagering
 2    shall  not,  under  any  circumstances if conducted under the
 3    provisions of this Act, be held or construed to be  unlawful,
 4    other statutes of this State to the contrary notwithstanding.
 5    Subject  to  rules  for  advance  wagering promulgated by the
 6    Board, any licensee may accept wagers up to 2  calendar  days
 7    in advance of the day of the race wagered upon occurs.
 8        (b)  No other method of betting, pool making, wagering or
 9    gambling  shall  be  used or permitted by the licensee.  Each
10    licensee may retain, subject to the payment of all applicable
11    taxes and purses, an amount not to exceed 17%  of  all  money
12    wagered  under  subsection (a) of this Section, except as may
13    otherwise be permitted under this Act.
14        (b-5)  An  individual  may  place  a  wager   under   the
15    pari-mutuel  system  from  any  licensed  location authorized
16    under this Act provided that wager is electronically recorded
17    in the manner described in Section  3.12  of  this  Act.  Any
18    wager  made  electronically by an individual while physically
19    on the premises of a licensee shall be deemed  to  have  been
20    made at the premises of that licensee.
21        (c)  Until  January 1, 2000, the sum held by any licensee
22    for payment of outstanding pari-mutuel tickets, if  unclaimed
23    prior  to  December 31 of the next year, shall be retained by
24    the licensee for payment of such  tickets  until  that  date.
25    Within  10 days thereafter, the balance of such sum remaining
26    unclaimed, less any uncashed supplements contributed by  such
27    licensee    for   the   purpose   of   guaranteeing   minimum
28    distributions of any pari-mutuel pool, shall be paid  to  the
29    Illinois Veterans' Rehabilitation Fund of the State treasury,
30    except  as  provided  in subsection (g) of Section 27 of this
31    Act.
32        (c-5)  Beginning January 1, 2000, the  sum  held  by  any
33    licensee  for  payment of outstanding pari-mutuel tickets, if
34    unclaimed prior to December 31 of the  next  year,  shall  be
 
SB1017 Enrolled            -22-                LRB9105678LDmb
 1    retained  by  the  licensee for payment of such tickets until
 2    that date.  Within 10 days thereafter, the  balance  of  such
 3    sum   remaining  unclaimed,  less  any  uncashed  supplements
 4    contributed by such licensee for the purpose of  guaranteeing
 5    minimum  distributions  of  any  pari-mutuel  pool,  shall be
 6    evenly distributed to the purse account of  the  organization
 7    licensee and the organization licensee.
 8        (d)  A pari-mutuel ticket shall be honored until December
 9    31  of the next calendar year, and the licensee shall pay the
10    same and may charge the amount thereof against  unpaid  money
11    similarly  accumulated  on account of pari-mutuel tickets not
12    presented for payment.
13        (e)  No licensee shall knowingly permit any minor,  other
14    than  an  employee  of  such  licensee  or an owner, trainer,
15    jockey, driver, or employee thereof, to be admitted during  a
16    racing program unless accompanied by a parent or guardian, or
17    any  minor  to  be  a  patron  of  the  pari-mutuel system of
18    wagering conducted or supervised by it.  The admission of any
19    unaccompanied minor, other than an employee of  the  licensee
20    or  an owner, trainer, jockey, driver, or employee thereof at
21    a race track is a Class C misdemeanor.
22        (f)  Notwithstanding the other provisions of this Act, an
23    organization licensee may, contract with an entity in another
24    state or country to  permit  any  legal  wagering  entity  in
25    another  state or country to accept wagers solely within such
26    other state or country on races conducted by the organization
27    licensee in this State.  Beginning  January  1,  2000,  these
28    wagers shall not be subject to State taxation.  Until January
29    1,  2000, when the out-of-State entity conducts a pari-mutuel
30    pool separate from the organization licensee, a privilege tax
31    equal to 7 1/2% of all monies received  by  the  organization
32    licensee  from entities in other states or countries pursuant
33    to such contracts is imposed on  the  organization  licensee,
34    and such privilege tax shall be remitted to the Department of
 
SB1017 Enrolled            -23-                LRB9105678LDmb
 1    Revenue  within  48  hours  of receipt of the moneys from the
 2    simulcast.  When the out-of-State entity conducts a  combined
 3    pari-mutuel  pool  with  the  organization  licensee, the tax
 4    shall be 10% of  all  monies  received  by  the  organization
 5    licensee  with  25%  of  the receipts from this 10% tax to be
 6    distributed to the county in which the race was conducted.
 7        An organization licensee may permit one or  more  of  its
 8    races  to be utilized for pari-mutuel wagering at one or more
 9    locations in other states and may transmit audio  and  visual
10    signals of races the organization licensee conducts to one or
11    more  locations  outside  the  State  or country and may also
12    permit pari-mutuel pools in other states or countries  to  be
13    combined  with  its  gross  or  net  wagering  pools  or with
14    wagering pools established by other states.
15        (g)  A host track may accept interstate simulcast  wagers
16    on  horse  races  conducted  in other states or countries and
17    shall control the number of signals and types  of  breeds  of
18    racing  in  its simulcast program, subject to the disapproval
19    of the Board.  The Board may  prohibit  a  simulcast  program
20    only  if  it  finds  that  the  simulcast  program is clearly
21    adverse to the integrity of racing.  The host track simulcast
22    program shall include  the  signal  of  live  racing  of  all
23    organization  licensees.  All  non-host licensees shall carry
24    the host track simulcast program and  accept  wagers  on  all
25    races  included  as  part of the simulcast program upon which
26    wagering is permitted. The costs and  expenses  of  the  host
27    track  and  non-host  licensees  associated  with  interstate
28    simulcast wagering, other than the interstate commission fee,
29    shall  be  borne by the host track and all non-host licensees
30    incurring these costs.  The interstate commission  fee  shall
31    not  exceed 5% of Illinois handle on the interstate simulcast
32    race or races without prior approval of the Board.  The Board
33    shall promulgate rules under which it may  permit  interstate
34    commission  fees  in excess of 5%.  The interstate commission
 
SB1017 Enrolled            -24-                LRB9105678LDmb
 1    fee  and  other  fees  charged  by  the  sending   racetrack,
 2    including,  but not limited to, satellite decoder fees, shall
 3    be uniformly applied to  the  host  track  and  all  non-host
 4    licensees.
 5             (1)  Between the hours of 6:30 a.m. and 6:30 p.m. an
 6        intertrack  wagering  licensee  other than the host track
 7        may supplement the  host  track  simulcast  program  with
 8        additional  simulcast  races  or  race programs, provided
 9        that between January 1 and the third Friday  in  February
10        of any year, inclusive, if no live thoroughbred racing is
11        occurring   in   Illinois   during   this   period,  only
12        thoroughbred  races  may   be   used   for   supplemental
13        interstate  simulcast purposes.  The Board shall withhold
14        approval for a supplemental interstate simulcast only  if
15        it  finds  that  the  simulcast is clearly adverse to the
16        integrity of racing.  A supplemental interstate simulcast
17        may be transmitted from an intertrack  wagering  licensee
18        to  its  affiliated  non-host  licensees.  The interstate
19        commission fee for a  supplemental  interstate  simulcast
20        shall be paid by the non-host licensee and its affiliated
21        non-host licensees receiving the simulcast.
22             (2)  Between the hours of 6:30 p.m. and 6:30 a.m. an
23        intertrack  wagering  licensee  other than the host track
24        may receive supplemental interstate simulcasts only  with
25        the  consent  of  the  host track, except when  the Board
26        finds that  the  simulcast  is  clearly  adverse  to  the
27        integrity   of   racing.    Consent  granted  under  this
28        paragraph (2) to any intertrack wagering  licensee  shall
29        be   deemed  consent  to  all  non-host  licensees.   The
30        interstate commission fee for the supplemental interstate
31        simulcast shall be paid  by  all  participating  non-host
32        licensees.
33             (3)  Each  licensee  conducting interstate simulcast
34        wagering may  retain,  subject  to  the  payment  of  all
 
SB1017 Enrolled            -25-                LRB9105678LDmb
 1        applicable  taxes and the purses, an amount not to exceed
 2        17% of all money wagered.  If any licensee conducts   the
 3        pari-mutuel   system   wagering  on  races  conducted  at
 4        racetracks in another state or country, each such race or
 5        race program shall be considered a  separate  racing  day
 6        for  the  purpose  of  determining  the  daily handle and
 7        computing the privilege  tax  of  that  daily  handle  as
 8        provided  in  subsection (a) of Section 27. Until January
 9        1, 2000, from the sums permitted to be retained  pursuant
10        to  this  subsection,  each  intertrack wagering location
11        licensee shall pay 1% of the pari-mutuel  handle  wagered
12        on  simulcast wagering to the Horse Racing Tax Allocation
13        Fund, subject to the provisions of  subparagraph  (B)  of
14        paragraph  (11)  of  subsection (h) of Section 26 of this
15        Act.
16             (4)  A licensee who receives an interstate simulcast
17        may combine its gross or net  pools  with  pools  at  the
18        sending  racetracks  pursuant to rules established by the
19        Board.  All licensees combining their gross or net  pools
20        with  pools  at  a  sending  racetrack  shall  adopt  the
21        take-out percentages of the sending racetrack. A licensee
22        may  also establish a separate pool and takeout structure
23        for wagering purposes on races conducted at  race  tracks
24        outside  of  the  State  of  Illinois.   The licensee may
25        permit pari-mutuel  wagers  placed  in  other  states  or
26        countries  to  be combined with its gross or net wagering
27        pools or other wagering pools.
28             (5)  After the payment of the interstate  commission
29        fee  (except  for  the  interstate  commission  fee  on a
30        supplemental interstate simulcast, which shall be paid by
31        the host track and by each non-host licensee through  the
32        host-track)  and  all  applicable  State and local taxes,
33        except as provided in subsection (g)  of  Section  27  of
34        this Act, the remainder of moneys retained from simulcast
 
SB1017 Enrolled            -26-                LRB9105678LDmb
 1        wagering  pursuant  to  this  subsection (g), and Section
 2        26.2 shall be divided as follows:
 3                  (A)  For interstate simulcast wagers made at  a
 4             host  track, 50% to the host track and 50% to purses
 5             at the host track.
 6                  (B)  For wagers placed on interstate simulcast
 7             races,  supplemental  simulcasts   as   defined   in
 8             subparagraphs  (1)  and  (2),  and separately pooled
 9             races conducted outside of  the  State  of  Illinois
10             wagers  made  at  a  non-host licensee other than as
11             provided in subparagraph (C)  of  paragraph  (5)  of
12             this  subsection  (g)  and  paragraph  (11)  of this
13             subsection (g), 25% to the host track,  25%  to  the
14             non-host licensee, and 50% to the purses at the host
15             track.
16                  (C)  For  interstate simulcast wagers made on a
17             supplemental interstate simulcast, 25% to  the  host
18             track,  25%  to the non-host licensee from which the
19             interstate commission fee shall be paid, and 50%  to
20             the purses at the host track.
21                  (D)  For   interstate  simulcast  wagers  on  a
22             standardbred race or races  made  at  a  host  track
23             between the hours of 6:30 a.m. and 6:30 p.m. between
24             January   1   and  the  third  Friday  in  February,
25             inclusive,  if  no  live  thoroughbred   racing   is
26             occurring in Illinois during this period, 50% to the
27             host  track  and  50%  to standardbred purses at the
28             host track.
29                  (E)  For  interstate  simulcast  wagers  on   a
30             standardbred  race  or  races  made  at  a  non-host
31             licensee  between  the  hours  of 6:30 a.m. and 6:30
32             p.m. between January  1  and  the  third  Friday  in
33             February,  inclusive, if no live thoroughbred racing
34             is occurring in Illinois during this period, 25%  to
 
SB1017 Enrolled            -27-                LRB9105678LDmb
 1             the  host  track,  25% to the non-host licensee, and
 2             50% to standardbred purses at the host track.
 3                  (F)  For  interstate  simulcast  wagers  on   a
 4             thoroughbred  race  or races at a host track between
 5             the hours of 6:30 a.m. and 6:30 p.m. between January
 6             1 and the third Friday in February, inclusive, if no
 7             live thoroughbred racing is  occurring  in  Illinois
 8             during this period, 50% to the host track and 50% to
 9             the  host track's interstate simulcast purse pool to
10             be  distributed  under   paragraph   (9)   of   this
11             subsection (g).
12                  (G)  For   interstate  simulcast  wagers  on  a
13             thoroughbred race or races at  a  non-host  licensee
14             between the hours of 6:30 a.m. and 6:30 p.m. between
15             January   1   and  the  third  Friday  in  February,
16             inclusive,  if  no  live  thoroughbred   racing   is
17             occurring in Illinois during this period, 25% to the
18             host track, 25% to the non-host licensee, and 50% to
19             the  host track's interstate simulcast purse pool to
20             be  distributed  under   paragraph   (9)   of   this
21             subsection (g).
22                  (H)  For   supplemental   interstate  simulcast
23             wagers on a thoroughbred race or races at a non-host
24             licensee between the hours of  6:30  a.m.  and  6:30
25             p.m.  between  January  1  and  the  third Friday in
26             February, inclusive, if no live thoroughbred  racing
27             is  occurring in Illinois during this period, 50% to
28             the non-host licensee and 50% to thoroughbred purses
29             at  the  track  from  which  the  non-host  licensee
30             derives its license.
31                  (I)  For interstate simulcast wagers at a  host
32             track  and  non-host  licensees between the hours of
33             6:30 p.m. and 6:30 a.m. between January  1  and  the
34             third  Friday  in  February,  inclusive,  if no live
 
SB1017 Enrolled            -28-                LRB9105678LDmb
 1             thoroughbred racing is occurring in Illinois  during
 2             this period, as set forth in subparagraphs (A), (B),
 3             and (C) of this paragraph (5) and paragraph (8.1) of
 4             subsection (g).
 5                  (J)  For  interstate simulcast wagers at a host
 6             track and non-host  licensees  on  thoroughbred  and
 7             standardbred  races  between January 1 and the third
 8             Friday  in  February,  inclusive,  if   thoroughbred
 9             horses are racing in Illinois during this period, as
10             set forth in subparagraphs (A), (B), and (C) of this
11             paragraph (5).
12             (6)  Notwithstanding  any  provision  in this Act to
13        the  contrary,  non-host  licensees  who   derive   their
14        licenses  from  a  track  located  in  a  county  with  a
15        population  in  excess  of  230,000  and that borders the
16        Mississippi River  may  receive  supplemental  interstate
17        simulcast  races  at all times subject to Board approval,
18        which shall be  withheld  only  upon  a  finding  that  a
19        supplemental  interstate  simulcast is clearly adverse to
20        the integrity of racing.
21             (7)  Notwithstanding any provision of  this  Act  to
22        the  contrary,  after payment of all applicable State and
23        local taxes  and  interstate  commission  fees,  non-host
24        licensees  who derive their licenses from a track located
25        in a county with a population in excess  of  230,000  and
26        that  borders  the  Mississippi River shall retain 50% of
27        the retention from interstate simulcast wagers and  shall
28        pay  50%  to  purses at the track from which the non-host
29        licensee derives its license as follows:
30                  (A)  Between January 1 and the third Friday  in
31             February,  inclusive, if no live thoroughbred racing
32             is occurring in Illinois during  this  period,  when
33             the interstate simulcast is a standardbred race, the
34             purse share to its standardbred purse account;
 
SB1017 Enrolled            -29-                LRB9105678LDmb
 1                  (B)  Between  January 1 and the third Friday in
 2             February, inclusive, if no live thoroughbred  racing
 3             is occurring in Illinois during this period, and the
 4             interstate  simulcast  is  a  thoroughbred race, the
 5             purse share to its interstate simulcast  purse  pool
 6             to  be  distributed  under  paragraph  (10)  of this
 7             subsection (g);
 8                  (C)  Between January 1 and the third Friday  in
 9             February,  inclusive, if live thoroughbred racing is
10             occurring in Illinois, between 6:30  a.m.  and  6:30
11             p.m.  the  purse  share from wagers made during this
12             time period to its thoroughbred  purse  account  and
13             between 6:30 p.m. and 6:30 a.m. the purse share from
14             wagers   made   during   this  time  period  to  its
15             standardbred purse accounts;
16                  (D)  Between the third Saturday in February and
17             December 31, when the  interstate  simulcast  occurs
18             between  the  hours  of 6:30 a.m. and 6:30 p.m., the
19             purse share to its thoroughbred purse account;
20                  (E)  Between the third Saturday in February and
21             December 31, when the  interstate  simulcast  occurs
22             between  the  hours  of 6:30 p.m. and 6:30 a.m., the
23             purse share to its standardbred purse account.
24             (8)  Notwithstanding any provision in  this  Act  to
25        the  contrary,  an  organization  licensee  from  a track
26        located in a  county  with  a  population  in  excess  of
27        230,000  and  that  borders the Mississippi River and its
28        affiliated non-host licensees shall not  be  entitled  to
29        share  in  any retention generated on racing, inter-track
30        wagering, or simulcast wagering  at  any  other  Illinois
31        wagering facility track.
32             (8.1)  Notwithstanding any provisions in this Act to
33        the  contrary, if 2 organization licensees are conducting
34        standardbred race meetings concurrently between the hours
 
SB1017 Enrolled            -30-                LRB9105678LDmb
 1        of  6:30  p.m.  and  6:30  a.m.,  after  payment  of  all
 2        applicable  State  and   local   taxes   and   interstate
 3        commission  fees,  the  remainder  of the amount retained
 4        from simulcast wagering  otherwise  attributable  to  the
 5        host  track and to host track purses shall be split daily
 6        between the 2 organization licensees and  the  purses  at
 7        the tracks of the 2 organization licensees, respectively,
 8        based  on each organization licensee's share of the total
 9        live handle for that day, provided  that  this  provision
10        shall not apply to any non-host licensee that derives its
11        license   from  a  track  located  in  a  county  with  a
12        population in excess of  230,000  and  that  borders  the
13        Mississippi River.
14             (9)  (Blank).  The  amount  paid  to  an  interstate
15        simulcast  purse  pool under subparagraphs (F) and (G) of
16        paragraph (5) of this subsection (g) shall be distributed
17        as follows:
18                  (A)  First to supplement the standardbred purse
19             account of the host track such  that  purses  earned
20             for  a  single standardbred race program between the
21             hours of 6:30 a.m. and 6:30 p.m. of the  host  track
22             between  January 1 and the third Friday in February,
23             if no  live  thoroughbred  racing  is  occurring  in
24             Illinois  during  this  period, equals $75,000.  For
25             any race program during this period where the number
26             of live races is  less  than  9,  the  guarantee  of
27             purses  for  that program shall be reduced by $8,333
28             for each race fewer than 9;
29                  (B)  Any  amount  remaining  in  the  simulcast
30             purse  pool   after   the   payments   required   in
31             subparagraph  (A)  of  this  paragraph  (9) shall be
32             distributed 50% to the standardbred purse account at
33             the  host  track  and  50%  to  thoroughbred   purse
34             accounts, excluding purse accounts at tracks located
 
SB1017 Enrolled            -31-                LRB9105678LDmb
 1             in  a  county with a population in excess of 230,000
 2             and  that  borders  the  Mississippi   River.    The
 3             thoroughbred  purse  share  shall  be distributed to
 4             thoroughbred tracks on a pro  rata  basis  based  on
 5             each  track's  1994 Illinois on-track handle on live
 6             thoroughbred races relative to total  1994  Illinois
 7             on-track   handle   on   live   thoroughbred  races,
 8             excluding handle on live  thoroughbred  races  at  a
 9             track  located  in  a  county  with  a population in
10             excess of 230,000 and that borders  the  Mississippi
11             River;
12             (10)  (Blank).  The  amount  paid  to the interstate
13        simulcast purse pool under subparagraph (B) of  paragraph
14        (7)  of  this  subsection  (g)  shall  be  distributed as
15        follows:
16                  (A)  First,  to  supplement  the   standardbred
17             purse  account  such that the purses earned for each
18             standardbred race program between January 1 and  the
19             third  Friday  in  February, if no live thoroughbred
20             racing is occurring in Illinois during this  period,
21             equals  $24,000.  For any program during this period
22             where the number of live races is less than  9,  the
23             $24,000  purse  guarantee shall be reduced by $2,666
24             per race.
25                  (B)  Any  amount  remaining  in  the  simulcast
26             purse   pool   after   the   payment   required   in
27             subparagraph (A) of this  paragraph  (10)  shall  be
28             distributed  50%  to  standardbred purses and 50% to
29             thoroughbred purses at the race track  specified  in
30             paragraph (7) of this subsection (g).
31             (11)  (Blank). Notwithstanding any provision in this
32        Act  to the contrary, subsequent to the effective date of
33        this amendatory Act of 1995 and  prior  to  December  31,
34        1995, a non-host licensee that conducts live standardbred
 
SB1017 Enrolled            -32-                LRB9105678LDmb
 1        racing  between  the  hours of 6:30 a.m. and 6:30 p.m. on
 2        Tuesdays at a track located in a county with a population
 3        of less than 1,000,000 and  that  is  contiguous  to  the
 4        State  of  Indiana may retain for its own account and its
 5        purse account for standardbred racing between  the  hours
 6        of 6:30 a.m. and 6:30 p.m. on Tuesdays:
 7                  (A)  All   commissions  and  all  purse  monies
 8             generated at the non-host licensee's race track from
 9             simulcast wagering during its live  program  between
10             6:30 a.m. and 6:30 p.m. on each Tuesday, which would
11             otherwise  be allocated to the host track and purses
12             at  the  host  track  and  purses  as  provided   in
13             subparagraph (B) of paragraph (5) of this subsection
14             (g); and
15                  (B)  To  the  extent  the  amounts described in
16             subparagraph  (A)  of   paragraph   (11)   of   this
17             subsection (g) are insufficient to equal the average
18             amount  of  commissions  and  the  average amount of
19             purses earned on standardbred racing at the non-host
20             licensee's track between 6:30 a.m. and 6:30 p.m.  on
21             Tuesdays during the 1994 calendar year as determined
22             by   the   Board,   during  the  days  the  non-host
23             licensee's  track   conducts   standardbred   racing
24             between 6:30 a.m. and 6:30 p.m. on each Tuesday from
25             July  1, 1995, to December 31, 1995, all inter-track
26             wagering  location  licensees,  except   inter-track
27             wagering location licensees affiliated with a  track
28             location  in  a  county with a population of 230,000
29             and  that  borders  the  Mississippi   River   shall
30             allocate   from   amounts  retained  from  simulcast
31             wagering between 6:30 a.m. and  6:30  p.m.  on  each
32             Tuesday  from  July  1,  1995,  to December 31, 1995
33             which would otherwise be allocated to the host track
34             and  purses  at  the  host  track,  as  provided  in
 
SB1017 Enrolled            -33-                LRB9105678LDmb
 1             subparagraph (B) of paragraph (5) of this subsection
 2             (g),  to  the  non-host  track  and  purses  at  the
 3             non-host licensee, on a pro  rata  basis,  based  on
 4             each  inter-track wagering location licensee's share
 5             of the total handle on  simulcast  wagering  at  the
 6             facilities  of  all  inter-track  wagering  location
 7             licensees,   excluding   those  intertrack  wagering
 8             location licensees affiliated with a  track  located
 9             in  a  county  with a population of 230,000 and that
10             borders the Mississippi River for that  Tuesday,  so
11             that  the non-host licensee's commissions and purses
12             earned for standardbred racing between 6:30 a.m. and
13             6:30 p.m. on the given Tuesday in  1995  equals  the
14             average  amount  of commissions and purses earned on
15             standardbred racing at the non-host licensee's track
16             between 6:30 a.m. and 6:30 p.m. on  Tuesdays  during
17             the  1994  calendar year as determined by the Board.
18             Within 72 hours after the  non-host  licensee  holds
19             standardbred  races  between 6:30 a.m. and 6:30 p.m.
20             in  calendar  year  1995  on  a  Tuesday  and  after
21             enactment of this amendatory Act of 1995, the  Board
22             shall  notify  each  inter-track  wagering  location
23             licensee  of  the amount from its simulcast wagering
24             between 6:30 a.m. and 6:30 p.m. on each  Tuesday  in
25             1995  to  be  allocated to the non-host licensee and
26             purses  for  standardbred  racing  at  the  non-host
27             licensee for that Tuesday.
28             (12)  The Board shall have authority to  compel  all
29        host  tracks to receive the simulcast of any or all races
30        conducted at the Springfield or DuQuoin State fairgrounds
31        and include all such races as  part  of  their  simulcast
32        programs.
33             (13)  Notwithstanding  any  other  provision of this
34        Act, in the event that  the  total  Illinois  pari-mutuel
 
SB1017 Enrolled            -34-                LRB9105678LDmb
 1        handle on Illinois horse races at all wagering facilities
 2        in  any  calendar  year  is  less  than  75% of the total
 3        Illinois pari-mutuel handle on Illinois  horse  races  at
 4        all such wagering facilities for calendar year 1994, then
 5        each  wagering facility that has an annual total Illinois
 6        pari-mutuel handle on Illinois horse races that  is  less
 7        than  75%  of  the  total  Illinois pari-mutuel handle on
 8        Illinois  horse  races  at  such  wagering  facility  for
 9        calendar year 1994, shall be permitted to  receive,  from
10        any  amount otherwise payable to the purse account at the
11        race track with which the wagering facility is affiliated
12        in the succeeding calendar year, an amount equal to 2% of
13        the differential in total Illinois pari-mutuel handle  on
14        Illinois  horse  races  at  the wagering facility between
15        that  calendar  year  in  question  and  1994   provided,
16        however,  that  a wagering facility shall not be entitled
17        to any such payment until the Board certifies in  writing
18        to the wagering facility the amount to which the wagering
19        facility  is  entitled  and a schedule for payment of the
20        amount to the wagering facility, based on: (i) the racing
21        dates awarded to  the  race  track  affiliated  with  the
22        wagering  facility  during  the succeeding year; (ii) the
23        sums available or anticipated  to  be  available  in  the
24        purse  account  of  the  race  track  affiliated with the
25        wagering facility for purses during the succeeding  year;
26        and  (iii)  the  need  to  ensure reasonable purse levels
27        during the  payment  period.  The  Board's  certification
28        shall  be  provided  no  later  than  January  31  of the
29        succeeding  year.  In  the  event  a  wagering   facility
30        entitled  to  a  payment  under  this  paragraph  (13) is
31        affiliated  with  a  race  track  that  maintains   purse
32        accounts  for  both standardbred and thoroughbred racing,
33        the amount to be paid to the wagering facility  shall  be
34        divided between each purse account pro rata, based on the
 
SB1017 Enrolled            -35-                LRB9105678LDmb
 1        amount  of  Illinois  handle on Illinois standardbred and
 2        thoroughbred racing respectively at the wagering facility
 3        during the previous calendar year. Annually, the  General
 4        Assembly  shall  appropriate  sufficient  funds  from the
 5        General Revenue Fund to the Department of Agriculture for
 6        payment into  the  thoroughbred  and  standardbred  horse
 7        racing  purse  accounts  at  Illinois pari-mutuel tracks.
 8        The amount paid to each purse account shall be the amount
 9        certified by the Illinois Racing Board in  January to  be
10        transferred  from  each  account  to each eligible racing
11        facility  in  accordance  with  the  provisions  of  this
12        Section.
13        (h)  The Board may approve and  license  the  conduct  of
14    inter-track  wagering  and  simulcast wagering by inter-track
15    wagering  licensees   and   inter-track   wagering   location
16    licensees subject to the following terms and conditions:
17             (1)  Any  person  licensed to conduct a race meeting
18        at a track where 60 or more days of racing were conducted
19        during the immediately preceding calendar year  or  where
20        over  the  5  immediately  preceding  calendar  years  an
21        average  of  30  or  more  days  of racing were conducted
22        annually or at a  track  located  in  a  county  that  is
23        bounded  by the Mississippi River, which has a population
24        of less than 150,000  according  to  the  1990  decennial
25        census,  and an average of at least 60 days of racing per
26        year between 1985 and 1993 may be issued  an  inter-track
27        wagering   license.  Any  such  person  having  operating
28        control of the racing facility may also receive up  to  6
29        inter-track wagering location licenses. In no event shall
30        more than 6 inter-track wagering locations be established
31        for  each  eligible  race  track, except that an eligible
32        race track located in a county that has a  population  of
33        more  than 230,000 and that is bounded by the Mississippi
34        River  may  establish  up  to  7   inter-track   wagering
 
SB1017 Enrolled            -36-                LRB9105678LDmb
 1        locations. An application for said license shall be filed
 2        with the Board prior to such dates as may be fixed by the
 3        Board.   With  an application for an inter-track wagering
 4        location license there shall be delivered to the Board  a
 5        certified check or bank draft payable to the order of the
 6        Board for an amount equal to $500.  The application shall
 7        be  on  forms prescribed and furnished by the Board.  The
 8        application  shall   comply   with   all   other   rules,
 9        regulations  and  conditions  imposed  by  the  Board  in
10        connection therewith.
11             (2)  The  Board  shall examine the applications with
12        respect to their conformity with this Act and  the  rules
13        and  regulations imposed by the Board.  If found to be in
14        compliance with the Act and rules and regulations of  the
15        Board,  the  Board  may  then  issue a license to conduct
16        inter-track  wagering  and  simulcast  wagering  to  such
17        applicant.  All such applications shall be acted upon  by
18        the  Board at a meeting to be held on such date as may be
19        fixed by the Board.
20             (3)  In granting  licenses  to  conduct  inter-track
21        wagering and simulcast wagering, the Board shall give due
22        consideration  to  the  best  interests of the public, of
23        horse racing, and of maximizing revenue to the State.
24             (4)  Prior to the issuance of a license  to  conduct
25        inter-track   wagering   and   simulcast   wagering,  the
26        applicant shall file with the Board a bond payable to the
27        State of Illinois in the sum of $50,000, executed by  the
28        applicant and a surety company or companies authorized to
29        do  business  in this State, and conditioned upon (i) the
30        payment by the licensee of all taxes due under Section 27
31        or 27.1 and any other monies due and payable  under  this
32        Act,   and   (ii)  distribution  by  the  licensee,  upon
33        presentation of the winning ticket  or  tickets,  of  all
34        sums payable to the patrons of pari-mutuel pools.
 
SB1017 Enrolled            -37-                LRB9105678LDmb
 1             (5)  Each  license  to  conduct inter-track wagering
 2        and simulcast wagering shall specify the person  to  whom
 3        it  is  issued,  the  dates  on  which  such  wagering is
 4        permitted, and the track or location where  the  wagering
 5        is to be conducted.
 6             (6)  All  wagering  under such license is subject to
 7        this Act and to the rules and regulations  from  time  to
 8        time  prescribed  by  the  Board,  and every such license
 9        issued by the Board  shall  contain  a  recital  to  that
10        effect.
11             (7)  An inter-track wagering licensee or inter-track
12        wagering location licensee may accept wagers at the track
13        or  location    where  it  is  licensed,  or as otherwise
14        provided under this Act.
15             (8)  Inter-track  wagering  or  simulcast   wagering
16        shall  not  be  conducted  at any track less than 5 miles
17        from a track at which a racing meeting is in progress.
18             (8.1)  Inter-track wagering location  licensees  who
19        derive  their  licenses  from  a  particular organization
20        licensee shall conduct inter-track wagering and simulcast
21        wagering only at locations which  are  either  within  90
22        miles   of   that   race   track   where  the  particular
23        organization licensee is licensed to conduct  racing,  or
24        within  135 miles of that race track where the particular
25        organization licensee is licensed to  conduct  racing  in
26        the  case of race tracks in counties of less than 400,000
27        that were operating on or before June 1, 1986.   However,
28        inter-track  wagering and simulcast wagering shall not be
29        conducted by those licensees at  any  location  within  5
30        miles of any race track at which a horse race meeting has
31        been  licensed  in  the  current  year, unless the person
32        having operating control of such race track has given its
33        written consent to  such  inter-track  wagering  location
34        licensees,  which consent must be filed with the Board at
 
SB1017 Enrolled            -38-                LRB9105678LDmb
 1        or prior to the time application is made.
 2             (8.2)  Inter-track wagering  or  simulcast  wagering
 3        shall   not  be  conducted  by  an  inter-track  wagering
 4        location licensee at any location within 500 feet  of  an
 5        existing  church  or existing school, nor within 500 feet
 6        of the residences  of  more  than  50  registered  voters
 7        without  receiving  written permission from a majority of
 8        the registered voters at such  residences.  Such  written
 9        permission statements shall be filed with the Board.  The
10        distance  of  500  feet  shall be measured to the nearest
11        part of any building used for worship services, education
12        programs, residential purposes, or conducting inter-track
13        wagering by an inter-track  wagering  location  licensee,
14        and  not  to  property  boundaries.  However, inter-track
15        wagering or simulcast wagering may be conducted at a site
16        within 500 feet of a church, school or residences  of  50
17        or  more  registered  voters  if  such  church, school or
18        residences have been  erected  or  established,  or  such
19        voters  have  been registered, after the Board issues the
20        original inter-track wagering  location  license  at  the
21        site in question. Inter-track wagering location licensees
22        may  conduct  inter-track wagering and simulcast wagering
23        only  in  areas  that  are  zoned   for   commercial   or
24        manufacturing  purposes  or  in areas for which a special
25        use has been approved  by  the  local  zoning  authority.
26        However,  no  license to conduct inter-track wagering and
27        simulcast wagering shall be granted  by  the  Board  with
28        respect  to  any inter-track wagering location within the
29        jurisdiction of any local zoning authority which has,  by
30        ordinance  or by resolution, prohibited the establishment
31        of  an   inter-track   wagering   location   within   its
32        jurisdiction.    However,   inter-track   wagering    and
33        simulcast wagering may be conducted at  a  site  if  such
34        ordinance  or  resolution  is  enacted  after  the  Board
 
SB1017 Enrolled            -39-                LRB9105678LDmb
 1        licenses   the  original  inter-track  wagering  location
 2        licensee for the site in question.
 3             (9)  (Blank).
 4             (10)  An  inter-track  wagering   licensee   or   an
 5        inter-track   wagering   location  licensee  may  retain,
 6        subject to the payment of the  privilege  taxes  and  the
 7        purses, an amount not to exceed 17% of all money wagered.
 8        Each  program  of  racing  conducted  by each inter-track
 9        wagering  licensee  or  inter-track   wagering   location
10        licensee  shall  be  considered a separate racing day for
11        the purpose of determining the daily handle and computing
12        the privilege tax or pari-mutuel tax on such daily handle
13        as provided in Section 27 27.1.
14             (10.1)  Except as  provided  in  subsection  (g)  of
15        Section  27  of  this  Act, inter-track wagering location
16        licensees shall pay 1% of the pari-mutuel handle at  each
17        location  to  the  municipality in which such location is
18        situated  and  1%  of  the  pari-mutuel  handle  at  each
19        location  to  the  county  in  which  such  location   is
20        situated.   In  the  event  that  an inter-track wagering
21        location licensee is situated in an  unincorporated  area
22        of   a   county,  such  licensee  shall  pay  2%  of  the
23        pari-mutuel handle from such location to such county.
24             (10.2)  Notwithstanding any other provision of  this
25        Act,  with respect to intertrack wagering at a race track
26        located in a county that has a population  of  more  than
27        230,000  and  that  is  bounded  by the Mississippi River
28        ("the first race track"), or at a facility operated by an
29        inter-track wagering  licensee  or  inter-track  wagering
30        location  licensee  that  derives  its  license  from the
31        organization licensee that operates the first race track,
32        on races conducted at the first race track  or  on  races
33        conducted    at   another   Illinois   race   track   and
34        simultaneously televised to the first race track or to  a
 
SB1017 Enrolled            -40-                LRB9105678LDmb
 1        facility  operated by an inter-track wagering licensee or
 2        inter-track wagering location licensee that  derives  its
 3        license  from the organization licensee that operates the
 4        first race track, those  moneys  shall  be  allocated  as
 5        follows:
 6                  (A)  That  portion  of  all  moneys  wagered on
 7             standardbred racing that is required under this  Act
 8             to  be  paid  to  purses shall be paid to purses for
 9             standardbred races.
10                  (B)  That portion  of  all  moneys  wagered  on
11             thoroughbred  racing that is required under this Act
12             to be paid to purses shall be  paid  to  purses  for
13             thoroughbred races.
14             (11) (A)  After   payment   of   the   privilege  or
15        pari-mutuel tax, any  other  applicable  taxes,  and  the
16        costs  and  expenses  in  connection  with the gathering,
17        transmission, and dissemination of all data necessary  to
18        the conduct of inter-track wagering, the remainder of the
19        monies  retained  under either Section 26 or Section 26.2
20        of this Act  by  the  inter-track  wagering  licensee  on
21        inter-track  wagering  shall  be allocated with 50% to be
22        split between the 2 participating licensees  and  50%  to
23        purses,  except that an intertrack wagering licensee that
24        derives its license from a track located in a county with
25        a population in excess of 230,000 and  that  borders  the
26        Mississippi   River   shall   not  divide  any  remaining
27        retention with the Illinois  organization  licensee  that
28        provides  the  race  or races, and an intertrack wagering
29        licensee that accepts wagers on  races  conducted  by  an
30        organization  licensee  that  conducts  a  race meet in a
31        county with a population in excess of  230,000  and  that
32        borders  the  Mississippi  River  shall  not  divide  any
33        remaining retention with that organization licensee.
34             (B)  From the sums permitted to be retained pursuant
 
SB1017 Enrolled            -41-                LRB9105678LDmb
 1        to  this  Act each inter-track wagering location licensee
 2        shall pay (i) the privilege or  pari-mutuel  tax  to  the
 3        State;  (ii)  4.75%  4%  of  the  pari-mutuel  handle  on
 4        intertrack  wagering at such location on races as purses,
 5        except that an intertrack wagering location licensee that
 6        derives its license from a track located in a county with
 7        a population in excess of 230,000 and  that  borders  the
 8        Mississippi  River  shall retain all purse moneys for its
 9        own purse account consistent with distribution set  forth
10        in  this subsection (h), and intertrack wagering location
11        licensees that accept wagers on  races  conducted  by  an
12        organization   licensee   located  in  a  county  with  a
13        population in excess of  230,000  and  that  borders  the
14        Mississippi  River  shall  distribute all purse moneys to
15        purses at the operating host track; (iii)  until  January
16        1,  2000, except as provided in subsection (g) of Section
17        27 of this Act, 1% of the pari-mutuel handle  wagered  on
18        inter-track  wagering  and  simulcast  wagering  at  each
19        inter-track  wagering  location  licensee facility to the
20        Horse Racing Tax Allocation Fund, provided that,  to  the
21        extent  the total amount collected and distributed to the
22        Horse Racing Tax Allocation Fund  under  this  subsection
23        (h) during any calendar year exceeds the amount collected
24        and  distributed  to the Horse Racing Tax Allocation Fund
25        during calendar year 1994, that excess  amount  shall  be
26        redistributed  (I)  to  all inter-track wagering location
27        licensees, based on each licensee's pro-rata share of the
28        total handle  from  inter-track  wagering  and  simulcast
29        wagering  for all inter-track wagering location licensees
30        during the calendar  year  in  which  this  provision  is
31        applicable;  then  (II) the amounts redistributed to each
32        inter-track wagering location licensee  as  described  in
33        subpart (I) shall be further redistributed as provided in
34        subparagraph  (B)  of  paragraph (5) of subsection (g) of
 
SB1017 Enrolled            -42-                LRB9105678LDmb
 1        this Section 26 provided first, that the shares of  those
 2        amounts,  which are to be redistributed to the host track
 3        or to purses at the host track under subparagraph (B)  of
 4        paragraph  (5) of subsection (g) of this Section 26 shall
 5        be redistributed based on  each  host  track's  pro  rata
 6        share  of  the  total  inter-track wagering and simulcast
 7        wagering handle at all host tracks  during  the  calendar
 8        year   in   question,   and   second,  that  any  amounts
 9        redistributed as described in part (I) to an  inter-track
10        wagering  location  licensee that accepts wagers on races
11        conducted by an organization  licensee  that  conducts  a
12        race  meet  in  a  county  with a population in excess of
13        230,000 and that borders the Mississippi River  shall  be
14        further  redistributed  as  provided in subparagraphs (D)
15        and (E) of  paragraph  (7)  of  subsection  (g)  of  this
16        Section   26,   with   the   portion   of   that  further
17        redistribution allocated to purses at  that  organization
18        licensee  to  be  divided between standardbred purses and
19        thoroughbred  purses  based  on  the  amounts   otherwise
20        allocated  to purses at that organization licensee during
21        the calendar year  in  question;   and  (iv)  8%  of  the
22        pari-mutuel  handle  on  inter-track  wagering wagered at
23        such location  to  satisfy  all  costs  and  expenses  of
24        conducting  its  wagering.  The  remainder  of the monies
25        retained by the inter-track  wagering  location  licensee
26        shall  be  allocated 40% to the location licensee and 60%
27        to the organization licensee which provides the  Illinois
28        races to the location, except that an intertrack wagering
29        location  licensee  that derives its license from a track
30        located in a  county  with  a  population  in  excess  of
31        230,000  and that borders the Mississippi River shall not
32        divide any  remaining  retention  with  the  organization
33        licensee   that   provides  the  race  or  races  and  an
34        intertrack wagering location licensee that accepts wagers
 
SB1017 Enrolled            -43-                LRB9105678LDmb
 1        on races  conducted  by  an  organization  licensee  that
 2        conducts  a  race  meet  in a county with a population in
 3        excess of 230,000 and that borders the Mississippi  River
 4        shall   not  divide  any  remaining  retention  with  the
 5        organization licensee. Notwithstanding the provisions  of
 6        clauses  (ii)  and (iv) of this paragraph, in the case of
 7        the additional  inter-track  wagering  location  licenses
 8        authorized  under paragraph (1) of this subsection (h) by
 9        this amendatory Act of 1991, those  licensees  shall  pay
10        the  following  amounts  as  purses:  during the first 12
11        months the licensee is in operation, 5.25%  4.5%  of  the
12        pari-mutuel  handle  wagered  at  the  location on races;
13        during the second 12 months, 5.25% 4.5%; during the third
14        12 months, 5.75% 5%; during the fourth 12  months,  6.25%
15        5.5%;  and  during  the  fifth  12 months and thereafter,
16        6.75% 6%. The following amounts shall be retained by  the
17        licensee  to satisfy all costs and expenses of conducting
18        its wagering: during the first 12 months the licensee  is
19        in  operation,  8.25%  7.5%  of  the  pari-mutuel  handle
20        wagered  at  the  location;  during the second 12 months,
21        8.25% 7.5%; during the third 12 months, 7.75% 7%;  during
22        the fourth 12 months, 7.25% 6.5%; and during the fifth 12
23        months   and   thereafter,   6.75%   6%.  For  additional
24        intertrack wagering location licensees  authorized  under
25        this  amendatory  Act  of  1995,  purses for the first 12
26        months the licensee is in operation shall be 5.75% 5%  of
27        the  pari-mutuel  wagered at the location, purses for the
28        second 12 months the licensee is in  operation  shall  be
29        6.25%  5  1/2%,  and purses thereafter shall be 6.75% 6%.
30        For additional intertrack location  licensees  authorized
31        under  this amendatory Act of 1995, the licensee shall be
32        allowed to retain to  satisfy  all  costs  and  expenses:
33        7.75%  7%  of  the  pari-mutuel  handle  wagered  at  the
34        location  during  its first 12 months of operation, 7.25%
 
SB1017 Enrolled            -44-                LRB9105678LDmb
 1        6.5% during its second 12 months of operation, and 6.75%
 2        6% thereafter.
 3             (C)  There is hereby created the  Horse  Racing  Tax
 4        Allocation  Fund  which  shall  remain in existence until
 5        December 31, 1999.  Moneys remaining in  the  Fund  after
 6        December  31, 1999 shall be paid into the General Revenue
 7        Fund.  Until January 1, 2000, all monies  paid  into  the
 8        Horse   Racing  Tax  Allocation  Fund  pursuant  to  this
 9        paragraph (11) by inter-track wagering location licensees
10        located in park districts of 500,000 population or  less,
11        or in a municipality that is not included within any park
12        district  but  is included within a conservation district
13        and is the county seat of a county that (i) is contiguous
14        to the state of Indiana and (ii) has a 1990 population of
15        88,257 according to  the  United  States  Bureau  of  the
16        Census,  and  operating on May 1, 1994 shall be allocated
17        by appropriation as follows:
18                  Two-sevenths to the Department of  Agriculture.
19             Fifty  percent of this two-sevenths shall be used to
20             promote  the  Illinois  horse  racing  and  breeding
21             industry, and shall be distributed by the Department
22             of  Agriculture  upon  the  advice  of  a   9-member
23             committee  appointed  by  the Governor consisting of
24             the following members: the Director of  Agriculture,
25             who  shall  serve  as chairman; 2 representatives of
26             organization licensees conducting thoroughbred  race
27             meetings   in   this  State,  recommended  by  those
28             licensees;   2   representatives   of   organization
29             licensees conducting standardbred race  meetings  in
30             this   State,  recommended  by  those  licensees;  a
31             representative of the Illinois Thoroughbred Breeders
32             and   Owners   Foundation,   recommended   by   that
33             Foundation;  a  representative   of   the   Illinois
34             Standardbred   Owners   and   Breeders  Association,
 
SB1017 Enrolled            -45-                LRB9105678LDmb
 1             recommended by that Association; a representative of
 2             the Horsemen's Benevolent and Protective Association
 3             or any successor organization thereto established in
 4             Illinois comprised of the largest number  of  owners
 5             and  trainers,  recommended  by  that Association or
 6             that successor organization; and a representative of
 7             the   Illinois   Harness   Horsemen's   Association,
 8             recommended by that Association.  Committee  members
 9             shall serve for terms of 2 years, commencing January
10             1  of  each even-numbered year.  If a representative
11             of any of the  above-named  entities  has  not  been
12             recommended  by January 1 of any even-numbered year,
13             the Governor shall appoint  a  committee  member  to
14             fill that position.  Committee members shall receive
15             no  compensation  for  their services as members but
16             shall be reimbursed for  all  actual  and  necessary
17             expenses   and   disbursements   incurred   in   the
18             performance of their official duties.  The remaining
19             50%  of  this  two-sevenths  shall be distributed to
20             county fairs for premiums and rehabilitation as  set
21             forth in the Agricultural Fair Act;
22                  Four-sevenths     to    park    districts    or
23             municipalities that do not have a park  district  of
24             500,000  population  or less for museum purposes (if
25             an inter-track wagering location licensee is located
26             in  such  a  park  district)  or   to   conservation
27             districts  for  museum  purposes  (if an inter-track
28             wagering  location  licensee   is   located   in   a
29             municipality  that  is  not included within any park
30             district  but  is  included  within  a  conservation
31             district and is the county seat of a county that (i)
32             is contiguous to the state of Indiana and (ii) has a
33             1990 population of 88,257 according  to  the  United
34             States  Bureau  of  the  Census,  except that if the
 
SB1017 Enrolled            -46-                LRB9105678LDmb
 1             conservation district does not  maintain  a  museum,
 2             the  monies  shall  be allocated equally between the
 3             county and the municipality in which the inter-track
 4             wagering location licensee is  located  for  general
 5             purposes)  or  to  a  municipal recreation board for
 6             park purposes (if an inter-track  wagering  location
 7             licensee  is  located  in a municipality that is not
 8             included  within  any   park   district   and   park
 9             maintenance   is   the  function  of  the  municipal
10             recreation board and the  municipality  has  a  1990
11             population  of  9,302 according to the United States
12             Bureau of the Census); provided that the monies  are
13             distributed  to  each  park district or conservation
14             district or municipality that does not have  a  park
15             district  in an amount equal to four-sevenths of the
16             amount  collected  by  each   inter-track   wagering
17             location   licensee  within  the  park  district  or
18             conservation district or municipality for the  Fund.
19             Monies  that  were  paid  into  the Horse Racing Tax
20             Allocation Fund before the effective  date  of  this
21             amendatory  Act  of  1991 by an inter-track wagering
22             location licensee located in a municipality that  is
23             not   included  within  any  park  district  but  is
24             included within a conservation district as  provided
25             in  this  paragraph  shall,  as  soon as practicable
26             after the effective date of this amendatory  Act  of
27             1991,  be  allocated  and  paid to that conservation
28             district as provided in  this  paragraph.  Any  park
29             district  or  municipality  not maintaining a museum
30             may deposit the monies in the corporate fund of  the
31             park  district or municipality where the inter-track
32             wagering location is located, to be used for general
33             purposes; and
34                  One-seventh to the Agricultural Premium Fund to
 
SB1017 Enrolled            -47-                LRB9105678LDmb
 1             be  used  for  distribution  to  agricultural   home
 2             economics  extension councils in accordance with "An
 3             Act in relation to additional support  and  finances
 4             for  the  Agricultural  and  Home Economic Extension
 5             Councils in the several counties of this  State  and
 6             making an appropriation therefor", approved July 24,
 7             1967.
 8             Until  January  1,  2000, all other monies paid into
 9        the Horse Racing Tax Allocation  Fund  pursuant  to  this
10        paragraph  (11)  shall  be  allocated by appropriation as
11        follows:
12                  Two-sevenths to the Department of  Agriculture.
13             Fifty  percent of this two-sevenths shall be used to
14             promote  the  Illinois  horse  racing  and  breeding
15             industry, and shall be distributed by the Department
16             of  Agriculture  upon  the  advice  of  a   9-member
17             committee  appointed  by  the Governor consisting of
18             the following members: the Director of  Agriculture,
19             who  shall  serve  as chairman; 2 representatives of
20             organization licensees conducting thoroughbred  race
21             meetings   in   this  State,  recommended  by  those
22             licensees;   2   representatives   of   organization
23             licensees conducting standardbred race  meetings  in
24             this   State,  recommended  by  those  licensees;  a
25             representative of the Illinois Thoroughbred Breeders
26             and   Owners   Foundation,   recommended   by   that
27             Foundation;  a  representative   of   the   Illinois
28             Standardbred   Owners   and   Breeders  Association,
29             recommended by that Association; a representative of
30             the Horsemen's Benevolent and Protective Association
31             or any successor organization thereto established in
32             Illinois comprised of the largest number  of  owners
33             and  trainers,  recommended  by  that Association or
34             that successor organization; and a representative of
 
SB1017 Enrolled            -48-                LRB9105678LDmb
 1             the   Illinois   Harness   Horsemen's   Association,
 2             recommended by that Association.  Committee  members
 3             shall serve for terms of 2 years, commencing January
 4             1  of  each even-numbered year.  If a representative
 5             of any of the  above-named  entities  has  not  been
 6             recommended  by January 1 of any even-numbered year,
 7             the Governor shall appoint  a  committee  member  to
 8             fill that position.  Committee members shall receive
 9             no  compensation  for  their services as members but
10             shall be reimbursed for  all  actual  and  necessary
11             expenses   and   disbursements   incurred   in   the
12             performance of their official duties.  The remaining
13             50%  of  this  two-sevenths  shall be distributed to
14             county fairs for premiums and rehabilitation as  set
15             forth in the Agricultural Fair Act;
16                  Four-sevenths  to museums and aquariums located
17             in  park  districts  of  over  500,000   population;
18             provided   that   the   monies  are  distributed  in
19             accordance with the previous year's distribution  of
20             the  maintenance  tax for such museums and aquariums
21             as provided  in  Section  2  of  the  Park  District
22             Aquarium and Museum Act; and
23                  One-seventh to the Agricultural Premium Fund to
24             be   used  for  distribution  to  agricultural  home
25             economics extension councils in accordance with  "An
26             Act  in  relation to additional support and finances
27             for the Agricultural  and  Home  Economic  Extension
28             Councils  in  the several counties of this State and
29             making an appropriation therefor", approved July 24,
30             1967. This subparagraph (C) shall be inoperative and
31             of no force and effect on and after January 1, 2000.
32             
33                  (D)  Except as provided in  paragraph  (11)  of
34             this   subsection   (h),   with   respect  to  purse
 
SB1017 Enrolled            -49-                LRB9105678LDmb
 1             allocation from intertrack wagering, the  monies  so
 2             retained shall be divided as follows:
 3                       (i)  If the inter-track wagering licensee,
 4                  except  an  intertrack  wagering  licensee that
 5                  derives  its  license  from   an   organization
 6                  licensee  located in a county with a population
 7                  in  excess  of  230,000  and  bounded  by   the
 8                  Mississippi  River,  is  not conducting its own
 9                  race meeting during the same  dates,  then  the
10                  entire  purse  allocation shall be to purses at
11                  the track where the races wagered on are  being
12                  conducted.
13                       (ii)  If    the    inter-track    wagering
14                  licensee,   except   an   intertrack   wagering
15                  licensee  that  derives  its  license  from  an
16                  organization  licensee located in a county with
17                  a population in excess of 230,000  and  bounded
18                  by  the  Mississippi  River, is also conducting
19                  its own race meeting  during  the  same  dates,
20                  then  the purse allocation shall be as follows:
21                  50% to purses at  the  track  where  the  races
22                  wagered  on  are being conducted; 50% to purses
23                  at the track  where  the  inter-track  wagering
24                  licensee is accepting such wagers.
25                       (iii)  If   the  inter-track  wagering  is
26                  being  conducted  by  an  inter-track  wagering
27                  location   licensee,   except   an   intertrack
28                  wagering location  licensee  that  derives  its
29                  license  from  an organization licensee located
30                  in a county with  a  population  in  excess  of
31                  230,000  and  bounded by the Mississippi River,
32                  the entire purse allocation for Illinois  races
33                  shall  be to purses at the track where the race
34                  meeting being wagered on is being held.
 
SB1017 Enrolled            -50-                LRB9105678LDmb
 1             (12)  The Board shall have all powers necessary  and
 2        proper  to  fully  supervise  and  control the conduct of
 3        inter-track   wagering   and   simulcast   wagering    by
 4        inter-track  wagering  licensees and inter-track wagering
 5        location licensees, including, but  not  limited  to  the
 6        following:
 7                  (A)  The   Board   is   vested  with  power  to
 8             promulgate reasonable rules and regulations for  the
 9             purpose   of   administering  the  conduct  of  this
10             wagering  and   to   prescribe   reasonable   rules,
11             regulations and conditions under which such wagering
12             shall   be  held  and  conducted.   Such  rules  and
13             regulations are to provide  for  the  prevention  of
14             practices detrimental to the public interest and for
15             the  best  interests  of said wagering and to impose
16             penalties for violations thereof.
17                  (B)  The Board, and any person  or  persons  to
18             whom  it  delegates  this  power, is vested with the
19             power to enter the facilities  of  any  licensee  to
20             determine whether there has been compliance with the
21             provisions of this Act and the rules and regulations
22             relating to the conduct of such wagering.
23                  (C)  The  Board,  and  any person or persons to
24             whom it delegates this power, may eject  or  exclude
25             from  any  licensee's  facilities,  any person whose
26             conduct or reputation is such that his  presence  on
27             such premises may, in the opinion of the Board, call
28             into  the  question the honesty and integrity of, or
29             interfere with the orderly conduct of such wagering;
30             provided, however, that no person shall be  excluded
31             or  ejected from such premises solely on the grounds
32             of race, color, creed, national origin, ancestry, or
33             sex.
34                  (D)  (Blank).
 
SB1017 Enrolled            -51-                LRB9105678LDmb
 1                  (E)  The Board is  vested  with  the  power  to
 2             appoint  delegates  to  execute  any  of  the powers
 3             granted to it under this Section for the purpose  of
 4             administering   this  wagering  and  any  rules  and
 5             regulations promulgated in accordance with this Act.
 6                  (F)  The Board shall name and appoint  a  State
 7             director   of   this   wagering   who   shall  be  a
 8             representative of the Board and whose duty it  shall
 9             be  to supervise the conduct of inter-track wagering
10             as may be provided for by the rules and  regulations
11             of  the  Board;  such  rules  and  regulation  shall
12             specify the method of appointment and the Director's
13             powers, authority and duties.
14                  (G)  The  Board  is  vested  with  the power to
15             impose civil  penalties  of  up  to  $5,000  against
16             individuals  and up to $10,000 against licensees for
17             each violation of any provision of this Act relating
18             to the conduct of this wagering, any  rules  adopted
19             by  the  Board,  any order of the Board or any other
20             action  which  in  the  Board's  discretion,  is   a
21             detriment or impediment to such wagering.
22             (13)  The  Department  of Agriculture may enter into
23        agreements with licensees authorizing such  licensees  to
24        conduct  inter-track  wagering on races to be held at the
25        licensed race meetings conducted  by  the  Department  of
26        Agriculture.    Such agreement shall specify the races of
27        the Department of  Agriculture's  licensed  race  meeting
28        upon  which the licensees will conduct wagering.   In the
29        event that a licensee  conducts  inter-track  pari-mutuel
30        wagering on races from the Illinois State Fair or DuQuoin
31        State  Fair  which  are  in  addition  to  the licensee's
32        previously approved racing program, those races shall  be
33        considered  a  separate  racing  day  for  the purpose of
34        determining the daily handle and computing the privilege
 
SB1017 Enrolled            -52-                LRB9105678LDmb
 1        or pari-mutuel tax on that daily handle  as  provided  in
 2        Sections  27 and 27.1.  Such agreements shall be approved
 3        by the Board before such wagering may be  conducted.   In
 4        determining  whether  to  grant approval, the Board shall
 5        give due consideration  to  the  best  interests  of  the
 6        public and of horse racing.  The provisions of paragraphs
 7        (1),  (8),  (8.1),  and  (8.2)  of subsection (h) of this
 8        Section which are not specified in  this  paragraph  (13)
 9        shall  not  apply  to licensed race meetings conducted by
10        the Department of Agriculture at the Illinois State  Fair
11        in  Sangamon  County  or  the DuQuoin State Fair in Perry
12        County, or  to  any  wagering  conducted  on  those  race
13        meetings.
14        (i)  Notwithstanding  the  other  provisions of this Act,
15    the conduct of wagering at wagering facilities is  authorized
16    on  all  days, except as limited by subsection (b) of Section
17    19 of this Act.
18    (Source: P.A. 88-358;  88-572,  eff.  8-11-94;  88-661,  eff.
19    9-16-94; 89-16, eff. 5-30-95.)

20        (230 ILCS 5/26.1) (from Ch. 8, par. 37-26.1)
21        Sec.   26.1.   For  all  pari-mutuel  wagering  conducted
22    pursuant to this Act, breakage shall be at all times computed
23    on the basis of not to exceed 10¢ on the dollar.  If there is
24    a minus pool, the breakage shall be computed on the basis  of
25    not  to exceed 5¢ on the dollar. Breakage shall be calculated
26    only after the amounts  retained  by  licensees  pursuant  to
27    Sections  26  and  26.2  of  this  Act,  and  all  applicable
28    surcharges, are taken out of winning wagers and winnings from
29    wagers.  Beginning  January  1,  2000,  all breakage shall be
30    retained by licensees, with 50% of breakage  to  be  used  by
31    licensees  for  racetrack  improvements at the racetrack from
32    which  the  wagering  facility  derives  its  license.    The
33    remaining 50% is to be allocated 50% to the purse account for
 
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 1    the  licensee  from  which  the wagering facility derives its
 2    license and 50% to the licensee.
 3    (Source: P.A. 89-16, eff. 5-30-95.)

 4        (230 ILCS 5/27) (from Ch. 8, par. 37-27)
 5        Sec. 27.  (a) In addition to the organization license fee
 6    provided by this Act, until  January  1,  2000,  a  graduated
 7    privilege   tax   is   hereby   imposed  for  conducting  the
 8    pari-mutuel system of  wagering  permitted  under  this  Act.
 9    Until  January  1, 2000, except as provided in subsection (g)
10    of Section 27 of this Act, all of the breakage of each racing
11    day held by any licensee in the State shall be  paid  to  the
12    State.  Until January 1, 2000, such daily graduated privilege
13    tax shall be paid by the licensee from the  amount  permitted
14    to  be  retained  under this Act. Until January 1, 2000, each
15    day's graduated privilege tax, breakage, and Horse Racing Tax
16    Allocation funds shall  be  remitted  to  the  Department  of
17    Revenue  within  48  hours  after the close of the racing day
18    upon which it is assessed or within such other  time  as  the
19    Board  prescribes.   The  privilege tax hereby imposed, until
20    January 1, 2000, shall be a flat tax at the rate of 2% of the
21    daily pari-mutuel handle except as provided in Section 27.1.
22        In  addition,  every  organization  licensee,  except  as
23    provided in Section 27.1 of this Act, which conducts multiple
24    wagering shall pay, until January 1, 2000, as a privilege tax
25    on multiple wagers an amount equal to  1.25%  of  all  moneys
26    wagered  each day on such multiple wagers, plus an additional
27    amount equal to 3.5% of the amount wagered each  day  on  any
28    other multiple wager which involves a single betting interest
29    on  3  or more horses. The licensee shall remit the amount of
30    such taxes to the Department of Revenue within 48 hours after
31    the close of the racing day on which it is assessed or within
32    such other time as the Board prescribes.
33        This subsection (a) shall be inoperative and of no  force
 
SB1017 Enrolled            -54-                LRB9105678LDmb
 1    and effect on and after January 1, 2000.
 2        (a-5)  Beginning  on  January 1, 2000, a flat pari-mutuel
 3    tax at the rate of 1.5% of the daily  pari-mutuel  handle  is
 4    imposed  at  all pari-mutuel wagering facilities, which shall
 5    be remitted to the Department  of  Revenue  within  48  hours
 6    after  the  close of the racing day upon which it is assessed
 7    or within such other time as the Board prescribes.
 8        (b)  On or before December 31, 1999, in  the  event  that
 9    any  organization  licensee  conducts  2 separate programs of
10    races on any day, each such program  shall  be  considered  a
11    separate  racing  day  for  purposes of determining the daily
12    handle and computing the privilege tax on such  daily  handle
13    as provided in subsection (a) of this Section.
14        (c)  Licensees shall at all times keep accurate books and
15    records  of  all monies wagered on each day of a race meeting
16    and of the taxes paid to the Department of Revenue under  the
17    provisions of this Section.  The Board or its duly authorized
18    representative  or  representatives  shall  at all reasonable
19    times  have  access  to  such  records  for  the  purpose  of
20    examining and checking the same and ascertaining whether  the
21    proper  amount of taxes is being paid as provided.  The Board
22    shall require verified reports and a statement of  the  total
23    of  all  monies  wagered daily at each wagering facility upon
24    which the taxes are assessed and  may  prescribe  forms  upon
25    which such reports and statement shall be made.
26        (d)  Any  licensee  failing or refusing to pay the amount
27    of any tax due under  this  Section  shall  be  guilty  of  a
28    business  offense and upon conviction shall be fined not more
29    than $5,000 in addition to the amount found due as tax  under
30    this  Section.   Each  day's  violation  shall  constitute  a
31    separate  offense.   All  fines paid into Court by a licensee
32    hereunder shall be transmitted and paid over by the Clerk  of
33    the Court to the Board.
34        (e)  No  other license fee, privilege tax, excise tax, or
 
SB1017 Enrolled            -55-                LRB9105678LDmb
 1    racing fee, except as provided in this Act, shall be assessed
 2    or collected from any such licensee by the State.
 3        (f)  No other license fee, privilege tax, excise  tax  or
 4    racing  fee  shall  be  assessed  or  collected from any such
 5    licensee  by units of local government except as provided  in
 6    paragraph  10.1  of  subsection  (h)  and  subsection  (f) of
 7    Section 26 of this Act.  However, any municipality that has a
 8    Board licensed horse race meeting  at  a  race  track  wholly
 9    within  its  corporate  boundaries  or  a township that has a
10    Board licensed horse race meeting  at  a  race  track  wholly
11    within  the  unincorporated area of the township may charge a
12    local amusement tax not to exceed 10¢ per admission  to  such
13    horse   race  meeting  by  the  enactment  of  an  ordinance.
14    However, any municipality or county that has a Board licensed
15    inter-track wagering  location  facility  wholly  within  its
16    corporate  boundaries may each impose an admission fee not to
17    exceed $1.00  per  admission  to  such  inter-track  wagering
18    location facility, so that a total of not more than $2.00 per
19    admission may be imposed.  Except as provided in subparagraph
20    (g)  of  Section  27  of  this  Act, the inter-track wagering
21    location licensee shall collect any and  all  such  fees  and
22    within  48  hours  remit  the fees to the Board, which shall,
23    pursuant to rule, cause the fees to  be  distributed  to  the
24    county or municipality.
25        (g)  Notwithstanding  any  provision  in  this Act to the
26    contrary, if in any calendar year the total  taxes  and  fees
27    required to be collected from licensees and distributed under
28    this  Act  to  all  State  and local governmental authorities
29    exceeds the amount of such taxes and fees distributed to each
30    State and local governmental authority to  which  each  State
31    and  local governmental authority was entitled under this Act
32    for calendar year 1994, then the first $11  million  of  that
33    excess  amount  shall  be  allocated at the earliest possible
34    date for distribution  as  purse  money  for  the  succeeding
 
SB1017 Enrolled            -56-                LRB9105678LDmb
 1    calendar  year.   Upon reaching the 1994 level, and until the
 2    excess amount of taxes and  fees  exceeds  $11  million,  the
 3    Board  shall direct all licensees to cease paying the subject
 4    taxes and fees and the Board shall direct  all  licensees  to
 5    allocate any such excess amount for purses as follows:
 6             (i)  the  excess  amount  shall be initially divided
 7        between thoroughbred and standardbred purses based on the
 8        thoroughbred's and standardbred's respective  percentages
 9        of total Illinois live wagering in calendar year 1994;
10             (ii)  each     thoroughbred     and     standardbred
11        organization  licensee issued an organization licensee in
12        that succeeding allocation year (provided  that  licensee
13        was  also  an  organization licensee during the preceding
14        year) shall be allocated an amount equal to  the  product
15        of  its percentage of total Illinois live thoroughbred or
16        standardbred wagering in calendar year 1994 (the total to
17        be determined based on the sum of 1994 on-track  wagering
18        for   all  organization  licensees  issued   organization
19        licenses in both the allocation year  and  the  preceding
20        year)  multiplied  by  the  total  amount  allocated  for
21