Section 213.10  General

Pursuant to Section 26(g)(13) of the Illinois Horse Racing Act of 1975 [230 ILCS 5/26(g)(13)], qualified licensed Illinois wagering facilities are permitted to deduct an amount equal to 2% of the difference between the wagering facility's 1994 handle on Illinois races and its handle on Illinois races in the year in question, from amounts allocated or payable to purses in the succeeding year, at the racetrack from which the wagering facility is affiliated. Recapture amounts shall not be taken until after certification by the Board.

(Source:  Amended at 30 Ill. Reg. 16316, effective October 1, 2006)

Section 213.20  Definitions

"Comparative Handle Calendar Year" – the calendar year that is being analyzed for purposes of determining the recapture amount.  The comparative handle calendar year is always compared to calendar year 1994.

"Purse Recapture" – the amounts certified and authorized by the Board to be deducted by each qualified wagering facility from amounts payable to purses at the licensee's affiliated racetrack.

"Purse Recapture Reimbursement" – the amount appropriated by the Illinois General Assembly from the General Revenue Fund to the Department of Agriculture for payment or credit to the racetrack purse accounts, in accordance with the Board's certification of the purse recapture.

"Purse Recapture Certification" – the Board's written notification of the amounts of purse recapture in which qualified wagering facilities are entitled to deduct from amounts payable to purses.  The certification shall be issued or published no later than January 31 of the year succeeding the comparative handle calendar year.

Section 213.30  Estimated Purse Recapture Certification

The Board shall calculate and prepare a written estimate or projection of the purse recapture amounts anticipated in the succeeding year no earlier than December 1 of the comparative handle calendar year. The Board shall provide the Bureau of the Budget, the four legislative leaders, and the Department of Agriculture with the written estimate no later than December 15 of the comparative handle calendar year.

Section 213.40  Purse Recapture Certification

The Board shall determine and certify in writing the amounts of purse recapture authorized to be deducted from purses no later than January 31 of the year succeeding the comparative handle calendar year.

Section 213.50  Notice of Purse Recapture Certification

The Board shall notify and provide the purse recapture certification to the Bureau of the Budget, four legislative leaders, Department of Agriculture, organization licensees (including those organization licensees from which wagering facilities derive their license), the thoroughbred and standardbred organizations representing the largest number of horse owners and trainers that has negotiated a contract with an organization licensee, and all Illinois thoroughbred and standardbred breeders organizations.  The purse recapture certification shall be provided to the interested parties no later than January 31 of the year succeeding the comparative handle calendar year.

Section 213.60  Department of Agriculture Grant Agreements

The Department of Agriculture shall administer the purse recapture reimbursement and distribute those funds by an executed grant agreement between the Department of Agriculture and the organization licensees acting as custodian of purse funds payable at each eligible racetrack.  The Department of Agriculture may condition the grants with reporting requirements and/or other reasonable standards.

Section 213.70  Distribution of the Purse Recapture Reimbursement

a)         The amounts to be reimbursed to the purse accounts at eligible racetracks shall be those authorized pursuant to the Board's purse recapture certification.

b)         The aggregate purse recapture reimbursement shall not exceed the Illinois General Assembly's fiscal year appropriation to the Department of Agriculture intended for this purpose.

c)         In the event that the Illinois General Assembly's fiscal year appropriation to the Department of Agriculture for purse recapture reimbursement is less than the aggregate amount of the Board's certification, the purse recapture reimbursement to each eligible racetrack's purse account shall be allocated in proportion to its share of the total purse recapture.