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91_HB3490eng
HB3490 Engrossed LRB9109086LDtm
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 Illinois Lottery Law is amended by
5 changing Section 15 as follows:
6 (20 ILCS 1605/15) (from Ch. 120, par. 1165)
7 Sec. 15. No person minor under 21 18 years of age (under
8 18 years of age in the case of a person who is on active duty
9 in the United States armed services) shall buy a lottery
10 ticket or share. No person shall sell, distribute samples
11 of, or furnish a lottery ticket or share to any person minor
12 under 21 18 years of age (under 18 years of age in the case
13 of a person who is on active duty in the United States armed
14 services), buy a lottery ticket or share for any person minor
15 under 21 18 years of age (under 18 years of age in the case
16 of a person who is on active duty in the United States armed
17 services), or aid and abet in the purchase of lottery tickets
18 or shares by a person minor under 21 18 years of age (under
19 18 years of age in the case of a person who is on active duty
20 in the United States armed services).
21 No ticket or share shall be purchased by, and no prize
22 shall be paid to any of the following persons: any member of
23 the Board or any officer or other person employed by the
24 Board or by the Department; any spouse, child, brother,
25 sister or parent residing as a member of the same household
26 in the principal place of abode of any such persons; or any
27 person minor under 21 18 years of age (under 18 years of age
28 in the case of a person who is on active duty in the United
29 States armed services).
30 Any violation of this Section by a person other than a
31 purchaser who is not at least 21 years of age (under 18 years
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1 of age in the case of a person who is on active duty in the
2 United States armed services) the purchasing minor shall be a
3 Class B misdemeanor; provided, that if any violation of this
4 Section is a subsequent violation, the offender shall be
5 guilty of a Class 4 felony. Notwithstanding any provision to
6 the contrary, a violation of this Section by a person minor
7 under 21 18 years of age (under 18 years of age in the case
8 of a person who is on active duty in the United States armed
9 services) shall be a petty offense.
10 (Source: P.A. 90-346, eff. 8-8-97.)
11 Section 10. The Illinois Horse Racing Act is amended by
12 changing Section 26 as follows:
13 (230 ILCS 5/26) (from Ch. 8, par. 37-26)
14 Sec. 26. Wagering.
15 (a) Any licensee may conduct and supervise the
16 pari-mutuel system of wagering, as defined in Section 3.12 of
17 this Act, on horse races conducted by an Illinois
18 organization licensee or conducted at a racetrack located in
19 another state or country and televised in Illinois in
20 accordance with subsection (g) of Section 26 of this Act.
21 Subject to the prior consent of the Board, licensees may
22 supplement any pari-mutuel pool in order to guarantee a
23 minimum distribution. Such pari-mutuel method of wagering
24 shall not, under any circumstances if conducted under the
25 provisions of this Act, be held or construed to be unlawful,
26 other statutes of this State to the contrary notwithstanding.
27 Subject to rules for advance wagering promulgated by the
28 Board, any licensee may accept wagers in advance of the day
29 of the race wagered upon occurs.
30 (b) No other method of betting, pool making, wagering or
31 gambling shall be used or permitted by the licensee. Each
32 licensee may retain, subject to the payment of all applicable
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1 taxes and purses, an amount not to exceed 17% of all money
2 wagered under subsection (a) of this Section, except as may
3 otherwise be permitted under this Act.
4 (b-5) An individual may place a wager under the
5 pari-mutuel system from any licensed location authorized
6 under this Act provided that wager is electronically recorded
7 in the manner described in Section 3.12 of this Act. Any
8 wager made electronically by an individual while physically
9 on the premises of a licensee shall be deemed to have been
10 made at the premises of that licensee.
11 (c) Until January 1, 2000, the sum held by any licensee
12 for payment of outstanding pari-mutuel tickets, if unclaimed
13 prior to December 31 of the next year, shall be retained by
14 the licensee for payment of such tickets until that date.
15 Within 10 days thereafter, the balance of such sum remaining
16 unclaimed, less any uncashed supplements contributed by such
17 licensee for the purpose of guaranteeing minimum
18 distributions of any pari-mutuel pool, shall be paid to the
19 Illinois Veterans' Rehabilitation Fund of the State treasury,
20 except as provided in subsection (g) of Section 27 of this
21 Act.
22 (c-5) Beginning January 1, 2000, the sum held by any
23 licensee for payment of outstanding pari-mutuel tickets, if
24 unclaimed prior to December 31 of the next year, shall be
25 retained by the licensee for payment of such tickets until
26 that date. Within 10 days thereafter, the balance of such
27 sum remaining unclaimed, less any uncashed supplements
28 contributed by such licensee for the purpose of guaranteeing
29 minimum distributions of any pari-mutuel pool, shall be
30 evenly distributed to the purse account of the organization
31 licensee and the organization licensee.
32 (d) A pari-mutuel ticket shall be honored until December
33 31 of the next calendar year, and the licensee shall pay the
34 same and may charge the amount thereof against unpaid money
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1 similarly accumulated on account of pari-mutuel tickets not
2 presented for payment.
3 (e) No licensee shall knowingly permit any minor, other
4 than an employee of such licensee or an owner, trainer,
5 jockey, driver, or employee thereof, to be admitted during a
6 racing program unless accompanied by a parent or guardian, or
7 any person who is not at least 21 years of age (under 18
8 years of age in the case of a person who is on active duty in
9 the United States armed services) to be a patron of the
10 pari-mutuel system of wagering conducted or supervised by it.
11 The admission of any unaccompanied minor, other than an
12 employee of the licensee or an owner, trainer, jockey,
13 driver, or employee thereof at a race track is a Class C
14 misdemeanor.
15 (f) Notwithstanding the other provisions of this Act, an
16 organization licensee may contract with an entity in another
17 state or country to permit any legal wagering entity in
18 another state or country to accept wagers solely within such
19 other state or country on races conducted by the organization
20 licensee in this State. Beginning January 1, 2000, these
21 wagers shall not be subject to State taxation. Until January
22 1, 2000, when the out-of-State entity conducts a pari-mutuel
23 pool separate from the organization licensee, a privilege tax
24 equal to 7 1/2% of all monies received by the organization
25 licensee from entities in other states or countries pursuant
26 to such contracts is imposed on the organization licensee,
27 and such privilege tax shall be remitted to the Department of
28 Revenue within 48 hours of receipt of the moneys from the
29 simulcast. When the out-of-State entity conducts a combined
30 pari-mutuel pool with the organization licensee, the tax
31 shall be 10% of all monies received by the organization
32 licensee with 25% of the receipts from this 10% tax to be
33 distributed to the county in which the race was conducted.
34 An organization licensee may permit one or more of its
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1 races to be utilized for pari-mutuel wagering at one or more
2 locations in other states and may transmit audio and visual
3 signals of races the organization licensee conducts to one or
4 more locations outside the State or country and may also
5 permit pari-mutuel pools in other states or countries to be
6 combined with its gross or net wagering pools or with
7 wagering pools established by other states.
8 (g) A host track may accept interstate simulcast wagers
9 on horse races conducted in other states or countries and
10 shall control the number of signals and types of breeds of
11 racing in its simulcast program, subject to the disapproval
12 of the Board. The Board may prohibit a simulcast program
13 only if it finds that the simulcast program is clearly
14 adverse to the integrity of racing. The host track simulcast
15 program shall include the signal of live racing of all
16 organization licensees. All non-host licensees shall carry
17 the host track simulcast program and accept wagers on all
18 races included as part of the simulcast program upon which
19 wagering is permitted. The costs and expenses of the host
20 track and non-host licensees associated with interstate
21 simulcast wagering, other than the interstate commission fee,
22 shall be borne by the host track and all non-host licensees
23 incurring these costs. The interstate commission fee shall
24 not exceed 5% of Illinois handle on the interstate simulcast
25 race or races without prior approval of the Board. The Board
26 shall promulgate rules under which it may permit interstate
27 commission fees in excess of 5%. The interstate commission
28 fee and other fees charged by the sending racetrack,
29 including, but not limited to, satellite decoder fees, shall
30 be uniformly applied to the host track and all non-host
31 licensees.
32 (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
33 intertrack wagering licensee other than the host track
34 may supplement the host track simulcast program with
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1 additional simulcast races or race programs, provided
2 that between January 1 and the third Friday in February
3 of any year, inclusive, if no live thoroughbred racing is
4 occurring in Illinois during this period, only
5 thoroughbred races may be used for supplemental
6 interstate simulcast purposes. The Board shall withhold
7 approval for a supplemental interstate simulcast only if
8 it finds that the simulcast is clearly adverse to the
9 integrity of racing. A supplemental interstate simulcast
10 may be transmitted from an intertrack wagering licensee
11 to its affiliated non-host licensees. The interstate
12 commission fee for a supplemental interstate simulcast
13 shall be paid by the non-host licensee and its affiliated
14 non-host licensees receiving the simulcast.
15 (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
16 intertrack wagering licensee other than the host track
17 may receive supplemental interstate simulcasts only with
18 the consent of the host track, except when the Board
19 finds that the simulcast is clearly adverse to the
20 integrity of racing. Consent granted under this
21 paragraph (2) to any intertrack wagering licensee shall
22 be deemed consent to all non-host licensees. The
23 interstate commission fee for the supplemental interstate
24 simulcast shall be paid by all participating non-host
25 licensees.
26 (3) Each licensee conducting interstate simulcast
27 wagering may retain, subject to the payment of all
28 applicable taxes and the purses, an amount not to exceed
29 17% of all money wagered. If any licensee conducts the
30 pari-mutuel system wagering on races conducted at
31 racetracks in another state or country, each such race or
32 race program shall be considered a separate racing day
33 for the purpose of determining the daily handle and
34 computing the privilege tax of that daily handle as
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1 provided in subsection (a) of Section 27. Until January
2 1, 2000, from the sums permitted to be retained pursuant
3 to this subsection, each intertrack wagering location
4 licensee shall pay 1% of the pari-mutuel handle wagered
5 on simulcast wagering to the Horse Racing Tax Allocation
6 Fund, subject to the provisions of subparagraph (B) of
7 paragraph (11) of subsection (h) of Section 26 of this
8 Act.
9 (4) A licensee who receives an interstate simulcast
10 may combine its gross or net pools with pools at the
11 sending racetracks pursuant to rules established by the
12 Board. All licensees combining their gross pools at a
13 sending racetrack shall adopt the take-out percentages of
14 the sending racetrack. A licensee may also establish a
15 separate pool and takeout structure for wagering purposes
16 on races conducted at race tracks outside of the State of
17 Illinois. The licensee may permit pari-mutuel wagers
18 placed in other states or countries to be combined with
19 its gross or net wagering pools or other wagering pools.
20 (5) After the payment of the interstate commission
21 fee (except for the interstate commission fee on a
22 supplemental interstate simulcast, which shall be paid by
23 the host track and by each non-host licensee through the
24 host-track) and all applicable State and local taxes,
25 except as provided in subsection (g) of Section 27 of
26 this Act, the remainder of moneys retained from simulcast
27 wagering pursuant to this subsection (g), and Section
28 26.2 shall be divided as follows:
29 (A) For interstate simulcast wagers made at a
30 host track, 50% to the host track and 50% to purses
31 at the host track.
32 (B) For wagers placed on interstate simulcast
33 races, supplemental simulcasts as defined in
34 subparagraphs (1) and (2), and separately pooled
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1 races conducted outside of the State of Illinois
2 made at a non-host licensee, 25% to the host track,
3 25% to the non-host licensee, and 50% to the purses
4 at the host track.
5 (6) Notwithstanding any provision in this Act to
6 the contrary, non-host licensees who derive their
7 licenses from a track located in a county with a
8 population in excess of 230,000 and that borders the
9 Mississippi River may receive supplemental interstate
10 simulcast races at all times subject to Board approval,
11 which shall be withheld only upon a finding that a
12 supplemental interstate simulcast is clearly adverse to
13 the integrity of racing.
14 (7) Notwithstanding any provision of this Act to
15 the contrary, after payment of all applicable State and
16 local taxes and interstate commission fees, non-host
17 licensees who derive their licenses from a track located
18 in a county with a population in excess of 230,000 and
19 that borders the Mississippi River shall retain 50% of
20 the retention from interstate simulcast wagers and shall
21 pay 50% to purses at the track from which the non-host
22 licensee derives its license as follows:
23 (A) Between January 1 and the third Friday in
24 February, inclusive, if no live thoroughbred racing
25 is occurring in Illinois during this period, when
26 the interstate simulcast is a standardbred race, the
27 purse share to its standardbred purse account;
28 (B) Between January 1 and the third Friday in
29 February, inclusive, if no live thoroughbred racing
30 is occurring in Illinois during this period, and the
31 interstate simulcast is a thoroughbred race, the
32 purse share to its interstate simulcast purse pool
33 to be distributed under paragraph (10) of this
34 subsection (g);
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1 (C) Between January 1 and the third Friday in
2 February, inclusive, if live thoroughbred racing is
3 occurring in Illinois, between 6:30 a.m. and 6:30
4 p.m. the purse share from wagers made during this
5 time period to its thoroughbred purse account and
6 between 6:30 p.m. and 6:30 a.m. the purse share from
7 wagers made during this time period to its
8 standardbred purse accounts;
9 (D) Between the third Saturday in February and
10 December 31, when the interstate simulcast occurs
11 between the hours of 6:30 a.m. and 6:30 p.m., the
12 purse share to its thoroughbred purse account;
13 (E) Between the third Saturday in February and
14 December 31, when the interstate simulcast occurs
15 between the hours of 6:30 p.m. and 6:30 a.m., the
16 purse share to its standardbred purse account.
17 (8) Notwithstanding any provision in this Act to
18 the contrary, an organization licensee from a track
19 located in a county with a population in excess of
20 230,000 and that borders the Mississippi River and its
21 affiliated non-host licensees shall not be entitled to
22 share in any retention generated on racing, inter-track
23 wagering, or simulcast wagering at any other Illinois
24 wagering facility.
25 (8.1) Notwithstanding any provisions in this Act to
26 the contrary, if 2 organization licensees are conducting
27 standardbred race meetings concurrently between the hours
28 of 6:30 p.m. and 6:30 a.m., after payment of all
29 applicable State and local taxes and interstate
30 commission fees, the remainder of the amount retained
31 from simulcast wagering otherwise attributable to the
32 host track and to host track purses shall be split daily
33 between the 2 organization licensees and the purses at
34 the tracks of the 2 organization licensees, respectively,
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1 based on each organization licensee's share of the total
2 live handle for that day, provided that this provision
3 shall not apply to any non-host licensee that derives its
4 license from a track located in a county with a
5 population in excess of 230,000 and that borders the
6 Mississippi River.
7 (9) (Blank).
8 (10) (Blank).
9 (11) (Blank).
10 (12) The Board shall have authority to compel all
11 host tracks to receive the simulcast of any or all races
12 conducted at the Springfield or DuQuoin State fairgrounds
13 and include all such races as part of their simulcast
14 programs.
15 (13) Notwithstanding any other provision of this
16 Act, in the event that the total Illinois pari-mutuel
17 handle on Illinois horse races at all wagering facilities
18 in any calendar year is less than 75% of the total
19 Illinois pari-mutuel handle on Illinois horse races at
20 all such wagering facilities for calendar year 1994, then
21 each wagering facility that has an annual total Illinois
22 pari-mutuel handle on Illinois horse races that is less
23 than 75% of the total Illinois pari-mutuel handle on
24 Illinois horse races at such wagering facility for
25 calendar year 1994, shall be permitted to receive, from
26 any amount otherwise payable to the purse account at the
27 race track with which the wagering facility is affiliated
28 in the succeeding calendar year, an amount equal to 2% of
29 the differential in total Illinois pari-mutuel handle on
30 Illinois horse races at the wagering facility between
31 that calendar year in question and 1994 provided,
32 however, that a wagering facility shall not be entitled
33 to any such payment until the Board certifies in writing
34 to the wagering facility the amount to which the wagering
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1 facility is entitled and a schedule for payment of the
2 amount to the wagering facility, based on: (i) the racing
3 dates awarded to the race track affiliated with the
4 wagering facility during the succeeding year; (ii) the
5 sums available or anticipated to be available in the
6 purse account of the race track affiliated with the
7 wagering facility for purses during the succeeding year;
8 and (iii) the need to ensure reasonable purse levels
9 during the payment period. The Board's certification
10 shall be provided no later than January 31 of the
11 succeeding year. In the event a wagering facility
12 entitled to a payment under this paragraph (13) is
13 affiliated with a race track that maintains purse
14 accounts for both standardbred and thoroughbred racing,
15 the amount to be paid to the wagering facility shall be
16 divided between each purse account pro rata, based on the
17 amount of Illinois handle on Illinois standardbred and
18 thoroughbred racing respectively at the wagering facility
19 during the previous calendar year. Annually, the General
20 Assembly shall appropriate sufficient funds from the
21 General Revenue Fund to the Department of Agriculture for
22 payment into the thoroughbred and standardbred horse
23 racing purse accounts at Illinois pari-mutuel tracks.
24 The amount paid to each purse account shall be the amount
25 certified by the Illinois Racing Board in January to be
26 transferred from each account to each eligible racing
27 facility in accordance with the provisions of this
28 Section.
29 (h) The Board may approve and license the conduct of
30 inter-track wagering and simulcast wagering by inter-track
31 wagering licensees and inter-track wagering location
32 licensees subject to the following terms and conditions:
33 (1) Any person licensed to conduct a race meeting
34 at a track where 60 or more days of racing were conducted
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1 during the immediately preceding calendar year or where
2 over the 5 immediately preceding calendar years an
3 average of 30 or more days of racing were conducted
4 annually or at a track located in a county that is
5 bounded by the Mississippi River, which has a population
6 of less than 150,000 according to the 1990 decennial
7 census, and an average of at least 60 days of racing per
8 year between 1985 and 1993 may be issued an inter-track
9 wagering license. Any such person having operating
10 control of the racing facility may also receive up to 6
11 inter-track wagering location licenses. In no event shall
12 more than 6 inter-track wagering locations be established
13 for each eligible race track, except that an eligible
14 race track located in a county that has a population of
15 more than 230,000 and that is bounded by the Mississippi
16 River may establish up to 7 inter-track wagering
17 locations. An application for said license shall be filed
18 with the Board prior to such dates as may be fixed by the
19 Board. With an application for an inter-track wagering
20 location license there shall be delivered to the Board a
21 certified check or bank draft payable to the order of the
22 Board for an amount equal to $500. The application shall
23 be on forms prescribed and furnished by the Board. The
24 application shall comply with all other rules,
25 regulations and conditions imposed by the Board in
26 connection therewith.
27 (2) The Board shall examine the applications with
28 respect to their conformity with this Act and the rules
29 and regulations imposed by the Board. If found to be in
30 compliance with the Act and rules and regulations of the
31 Board, the Board may then issue a license to conduct
32 inter-track wagering and simulcast wagering to such
33 applicant. All such applications shall be acted upon by
34 the Board at a meeting to be held on such date as may be
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1 fixed by the Board.
2 (3) In granting licenses to conduct inter-track
3 wagering and simulcast wagering, the Board shall give due
4 consideration to the best interests of the public, of
5 horse racing, and of maximizing revenue to the State.
6 (4) Prior to the issuance of a license to conduct
7 inter-track wagering and simulcast wagering, the
8 applicant shall file with the Board a bond payable to the
9 State of Illinois in the sum of $50,000, executed by the
10 applicant and a surety company or companies authorized to
11 do business in this State, and conditioned upon (i) the
12 payment by the licensee of all taxes due under Section 27
13 or 27.1 and any other monies due and payable under this
14 Act, and (ii) distribution by the licensee, upon
15 presentation of the winning ticket or tickets, of all
16 sums payable to the patrons of pari-mutuel pools.
17 (5) Each license to conduct inter-track wagering
18 and simulcast wagering shall specify the person to whom
19 it is issued, the dates on which such wagering is
20 permitted, and the track or location where the wagering
21 is to be conducted.
22 (6) All wagering under such license is subject to
23 this Act and to the rules and regulations from time to
24 time prescribed by the Board, and every such license
25 issued by the Board shall contain a recital to that
26 effect.
27 (7) An inter-track wagering licensee or inter-track
28 wagering location licensee may accept wagers at the track
29 or location where it is licensed, or as otherwise
30 provided under this Act.
31 (8) Inter-track wagering or simulcast wagering
32 shall not be conducted at any track less than 5 miles
33 from a track at which a racing meeting is in progress.
34 (8.1) Inter-track wagering location licensees who
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1 derive their licenses from a particular organization
2 licensee shall conduct inter-track wagering and simulcast
3 wagering only at locations which are either within 90
4 miles of that race track where the particular
5 organization licensee is licensed to conduct racing, or
6 within 135 miles of that race track where the particular
7 organization licensee is licensed to conduct racing in
8 the case of race tracks in counties of less than 400,000
9 that were operating on or before June 1, 1986. However,
10 inter-track wagering and simulcast wagering shall not be
11 conducted by those licensees at any location within 5
12 miles of any race track at which a horse race meeting has
13 been licensed in the current year, unless the person
14 having operating control of such race track has given its
15 written consent to such inter-track wagering location
16 licensees, which consent must be filed with the Board at
17 or prior to the time application is made.
18 (8.2) Inter-track wagering or simulcast wagering
19 shall not be conducted by an inter-track wagering
20 location licensee at any location within 500 feet of an
21 existing church or existing school, nor within 500 feet
22 of the residences of more than 50 registered voters
23 without receiving written permission from a majority of
24 the registered voters at such residences. Such written
25 permission statements shall be filed with the Board. The
26 distance of 500 feet shall be measured to the nearest
27 part of any building used for worship services, education
28 programs, residential purposes, or conducting inter-track
29 wagering by an inter-track wagering location licensee,
30 and not to property boundaries. However, inter-track
31 wagering or simulcast wagering may be conducted at a site
32 within 500 feet of a church, school or residences of 50
33 or more registered voters if such church, school or
34 residences have been erected or established, or such
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1 voters have been registered, after the Board issues the
2 original inter-track wagering location license at the
3 site in question. Inter-track wagering location licensees
4 may conduct inter-track wagering and simulcast wagering
5 only in areas that are zoned for commercial or
6 manufacturing purposes or in areas for which a special
7 use has been approved by the local zoning authority.
8 However, no license to conduct inter-track wagering and
9 simulcast wagering shall be granted by the Board with
10 respect to any inter-track wagering location within the
11 jurisdiction of any local zoning authority which has, by
12 ordinance or by resolution, prohibited the establishment
13 of an inter-track wagering location within its
14 jurisdiction. However, inter-track wagering and
15 simulcast wagering may be conducted at a site if such
16 ordinance or resolution is enacted after the Board
17 licenses the original inter-track wagering location
18 licensee for the site in question.
19 (9) (Blank).
20 (10) An inter-track wagering licensee or an
21 inter-track wagering location licensee may retain,
22 subject to the payment of the privilege taxes and the
23 purses, an amount not to exceed 17% of all money wagered.
24 Each program of racing conducted by each inter-track
25 wagering licensee or inter-track wagering location
26 licensee shall be considered a separate racing day for
27 the purpose of determining the daily handle and computing
28 the privilege tax or pari-mutuel tax on such daily handle
29 as provided in Section 27.
30 (10.1) Except as provided in subsection (g) of
31 Section 27 of this Act, inter-track wagering location
32 licensees shall pay 1% of the pari-mutuel handle at each
33 location to the municipality in which such location is
34 situated and 1% of the pari-mutuel handle at each
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1 location to the county in which such location is
2 situated. In the event that an inter-track wagering
3 location licensee is situated in an unincorporated area
4 of a county, such licensee shall pay 2% of the
5 pari-mutuel handle from such location to such county.
6 (10.2) Notwithstanding any other provision of this
7 Act, with respect to intertrack wagering at a race track
8 located in a county that has a population of more than
9 230,000 and that is bounded by the Mississippi River
10 ("the first race track"), or at a facility operated by an
11 inter-track wagering licensee or inter-track wagering
12 location licensee that derives its license from the
13 organization licensee that operates the first race track,
14 on races conducted at the first race track or on races
15 conducted at another Illinois race track and
16 simultaneously televised to the first race track or to a
17 facility operated by an inter-track wagering licensee or
18 inter-track wagering location licensee that derives its
19 license from the organization licensee that operates the
20 first race track, those moneys shall be allocated as
21 follows:
22 (A) That portion of all moneys wagered on
23 standardbred racing that is required under this Act
24 to be paid to purses shall be paid to purses for
25 standardbred races.
26 (B) That portion of all moneys wagered on
27 thoroughbred racing that is required under this Act
28 to be paid to purses shall be paid to purses for
29 thoroughbred races.
30 (11) (A) After payment of the privilege or
31 pari-mutuel tax, any other applicable taxes, and the
32 costs and expenses in connection with the gathering,
33 transmission, and dissemination of all data necessary to
34 the conduct of inter-track wagering, the remainder of the
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1 monies retained under either Section 26 or Section 26.2
2 of this Act by the inter-track wagering licensee on
3 inter-track wagering shall be allocated with 50% to be
4 split between the 2 participating licensees and 50% to
5 purses, except that an intertrack wagering 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 not divide any remaining
9 retention with the Illinois organization licensee that
10 provides the race or races, and an intertrack wagering
11 licensee that accepts wagers on races conducted by an
12 organization licensee that conducts a race meet in a
13 county with a population in excess of 230,000 and that
14 borders the Mississippi River shall not divide any
15 remaining retention with that organization licensee.
16 (B) From the sums permitted to be retained pursuant
17 to this Act each inter-track wagering location licensee
18 shall pay (i) the privilege or pari-mutuel tax to the
19 State; (ii) 4.75% of the pari-mutuel handle on intertrack
20 wagering at such location on races as purses, except that
21 an intertrack wagering location licensee that derives its
22 license from a track located in a county with a
23 population in excess of 230,000 and that borders the
24 Mississippi River shall retain all purse moneys for its
25 own purse account consistent with distribution set forth
26 in this subsection (h), and intertrack wagering location
27 licensees that accept wagers on races conducted by an
28 organization licensee located in a county with a
29 population in excess of 230,000 and that borders the
30 Mississippi River shall distribute all purse moneys to
31 purses at the operating host track; (iii) until January
32 1, 2000, except as provided in subsection (g) of Section
33 27 of this Act, 1% of the pari-mutuel handle wagered on
34 inter-track wagering and simulcast wagering at each
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1 inter-track wagering location licensee facility to the
2 Horse Racing Tax Allocation Fund, provided that, to the
3 extent the total amount collected and distributed to the
4 Horse Racing Tax Allocation Fund under this subsection
5 (h) during any calendar year exceeds the amount collected
6 and distributed to the Horse Racing Tax Allocation Fund
7 during calendar year 1994, that excess amount shall be
8 redistributed (I) to all inter-track wagering location
9 licensees, based on each licensee's pro-rata share of the
10 total handle from inter-track wagering and simulcast
11 wagering for all inter-track wagering location licensees
12 during the calendar year in which this provision is
13 applicable; then (II) the amounts redistributed to each
14 inter-track wagering location licensee as described in
15 subpart (I) shall be further redistributed as provided in
16 subparagraph (B) of paragraph (5) of subsection (g) of
17 this Section 26 provided first, that the shares of those
18 amounts, which are to be redistributed to the host track
19 or to purses at the host track under subparagraph (B) of
20 paragraph (5) of subsection (g) of this Section 26 shall
21 be redistributed based on each host track's pro rata
22 share of the total inter-track wagering and simulcast
23 wagering handle at all host tracks during the calendar
24 year in question, and second, that any amounts
25 redistributed as described in part (I) to an inter-track
26 wagering location licensee that accepts wagers on races
27 conducted by an organization licensee that conducts a
28 race meet in a county with a population in excess of
29 230,000 and that borders the Mississippi River shall be
30 further redistributed as provided in subparagraphs (D)
31 and (E) of paragraph (7) of subsection (g) of this
32 Section 26, with the portion of that further
33 redistribution allocated to purses at that organization
34 licensee to be divided between standardbred purses and
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1 thoroughbred purses based on the amounts otherwise
2 allocated to purses at that organization licensee during
3 the calendar year in question; and (iv) 8% of the
4 pari-mutuel handle on inter-track wagering wagered at
5 such location to satisfy all costs and expenses of
6 conducting its wagering. The remainder of the monies
7 retained by the inter-track wagering location licensee
8 shall be allocated 40% to the location licensee and 60%
9 to the organization licensee which provides the Illinois
10 races to the location, except that an intertrack wagering
11 location licensee that derives its license from a track
12 located in a county with a population in excess of
13 230,000 and that borders the Mississippi River shall not
14 divide any remaining retention with the organization
15 licensee that provides the race or races and an
16 intertrack wagering location licensee that accepts wagers
17 on races conducted by an organization licensee that
18 conducts a race meet in a county with a population in
19 excess of 230,000 and that borders the Mississippi River
20 shall not divide any remaining retention with the
21 organization licensee. Notwithstanding the provisions of
22 clauses (ii) and (iv) of this paragraph, in the case of
23 the additional inter-track wagering location licenses
24 authorized under paragraph (1) of this subsection (h) by
25 this amendatory Act of 1991, those licensees shall pay
26 the following amounts as purses: during the first 12
27 months the licensee is in operation, 5.25% of the
28 pari-mutuel handle wagered at the location on races;
29 during the second 12 months, 5.25%; during the third 12
30 months, 5.75%; during the fourth 12 months, 6.25%; and
31 during the fifth 12 months and thereafter, 6.75%. The
32 following amounts shall be retained by the licensee to
33 satisfy all costs and expenses of conducting its
34 wagering: during the first 12 months the licensee is in
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1 operation, 8.25% of the pari-mutuel handle wagered at the
2 location; during the second 12 months, 8.25%; during the
3 third 12 months, 7.75%; during the fourth 12 months,
4 7.25%; and during the fifth 12 months and thereafter,
5 6.75%. For additional intertrack wagering location
6 licensees authorized under this amendatory Act of 1995,
7 purses for the first 12 months the licensee is in
8 operation shall be 5.75% of the pari-mutuel wagered at
9 the location, purses for the second 12 months the
10 licensee is in operation shall be 6.25%, and purses
11 thereafter shall be 6.75%. For additional intertrack
12 location licensees authorized under this amendatory Act
13 of 1995, the licensee shall be allowed to retain to
14 satisfy all costs and expenses: 7.75% of the pari-mutuel
15 handle wagered at the location during its first 12 months
16 of operation, 7.25% during its second 12 months of
17 operation, and 6.75% thereafter.
18 (C) There is hereby created the Horse Racing Tax
19 Allocation Fund which shall remain in existence until
20 December 31, 1999. Moneys remaining in the Fund after
21 December 31, 1999 shall be paid into the General Revenue
22 Fund. Until January 1, 2000, all monies paid into the
23 Horse Racing Tax Allocation Fund pursuant to this
24 paragraph (11) by inter-track wagering location licensees
25 located in park districts of 500,000 population or less,
26 or in a municipality that is not included within any park
27 district but is included within a conservation district
28 and is the county seat of a county that (i) is contiguous
29 to the state of Indiana and (ii) has a 1990 population of
30 88,257 according to the United States Bureau of the
31 Census, and operating on May 1, 1994 shall be allocated
32 by appropriation as follows:
33 Two-sevenths to the Department of Agriculture.
34 Fifty percent of this two-sevenths shall be used to
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1 promote the Illinois horse racing and breeding
2 industry, and shall be distributed by the Department
3 of Agriculture upon the advice of a 9-member
4 committee appointed by the Governor consisting of
5 the following members: the Director of Agriculture,
6 who shall serve as chairman; 2 representatives of
7 organization licensees conducting thoroughbred race
8 meetings in this State, recommended by those
9 licensees; 2 representatives of organization
10 licensees conducting standardbred race meetings in
11 this State, recommended by those licensees; a
12 representative of the Illinois Thoroughbred Breeders
13 and Owners Foundation, recommended by that
14 Foundation; a representative of the Illinois
15 Standardbred Owners and Breeders Association,
16 recommended by that Association; a representative of
17 the Horsemen's Benevolent and Protective Association
18 or any successor organization thereto established in
19 Illinois comprised of the largest number of owners
20 and trainers, recommended by that Association or
21 that successor organization; and a representative of
22 the Illinois Harness Horsemen's Association,
23 recommended by that Association. Committee members
24 shall serve for terms of 2 years, commencing January
25 1 of each even-numbered year. If a representative
26 of any of the above-named entities has not been
27 recommended by January 1 of any even-numbered year,
28 the Governor shall appoint a committee member to
29 fill that position. Committee members shall receive
30 no compensation for their services as members but
31 shall be reimbursed for all actual and necessary
32 expenses and disbursements incurred in the
33 performance of their official duties. The remaining
34 50% of this two-sevenths shall be distributed to
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1 county fairs for premiums and rehabilitation as set
2 forth in the Agricultural Fair Act;
3 Four-sevenths to park districts or
4 municipalities that do not have a park district of
5 500,000 population or less for museum purposes (if
6 an inter-track wagering location licensee is located
7 in such a park district) or to conservation
8 districts for museum purposes (if an inter-track
9 wagering location licensee is located in a
10 municipality that is not included within any park
11 district but is included within a conservation
12 district and is the county seat of a county that (i)
13 is contiguous to the state of Indiana and (ii) has a
14 1990 population of 88,257 according to the United
15 States Bureau of the Census, except that if the
16 conservation district does not maintain a museum,
17 the monies shall be allocated equally between the
18 county and the municipality in which the inter-track
19 wagering location licensee is located for general
20 purposes) or to a municipal recreation board for
21 park purposes (if an inter-track wagering location
22 licensee is located in a municipality that is not
23 included within any park district and park
24 maintenance is the function of the municipal
25 recreation board and the municipality has a 1990
26 population of 9,302 according to the United States
27 Bureau of the Census); provided that the monies are
28 distributed to each park district or conservation
29 district or municipality that does not have a park
30 district in an amount equal to four-sevenths of the
31 amount collected by each inter-track wagering
32 location licensee within the park district or
33 conservation district or municipality for the Fund.
34 Monies that were paid into the Horse Racing Tax
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1 Allocation Fund before the effective date of this
2 amendatory Act of 1991 by an inter-track wagering
3 location licensee located in a municipality that is
4 not included within any park district but is
5 included within a conservation district as provided
6 in this paragraph shall, as soon as practicable
7 after the effective date of this amendatory Act of
8 1991, be allocated and paid to that conservation
9 district as provided in this paragraph. Any park
10 district or municipality not maintaining a museum
11 may deposit the monies in the corporate fund of the
12 park district or municipality where the inter-track
13 wagering location is located, to be used for general
14 purposes; and
15 One-seventh to the Agricultural Premium Fund to
16 be used for distribution to agricultural home
17 economics extension councils in accordance with "An
18 Act in relation to additional support and finances
19 for the Agricultural and Home Economic Extension
20 Councils in the several counties of this State and
21 making an appropriation therefor", approved July 24,
22 1967.
23 Until January 1, 2000, all other monies paid into
24 the Horse Racing Tax Allocation Fund pursuant to this
25 paragraph (11) shall be allocated by appropriation as
26 follows:
27 Two-sevenths to the Department of Agriculture.
28 Fifty percent of this two-sevenths shall be used to
29 promote the Illinois horse racing and breeding
30 industry, and shall be distributed by the Department
31 of Agriculture upon the advice of a 9-member
32 committee appointed by the Governor consisting of
33 the following members: the Director of Agriculture,
34 who shall serve as chairman; 2 representatives of
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1 organization licensees conducting thoroughbred race
2 meetings in this State, recommended by those
3 licensees; 2 representatives of organization
4 licensees conducting standardbred race meetings in
5 this State, recommended by those licensees; a
6 representative of the Illinois Thoroughbred Breeders
7 and Owners Foundation, recommended by that
8 Foundation; a representative of the Illinois
9 Standardbred Owners and Breeders Association,
10 recommended by that Association; a representative of
11 the Horsemen's Benevolent and Protective Association
12 or any successor organization thereto established in
13 Illinois comprised of the largest number of owners
14 and trainers, recommended by that Association or
15 that successor organization; and a representative of
16 the Illinois Harness Horsemen's Association,
17 recommended by that Association. Committee members
18 shall serve for terms of 2 years, commencing January
19 1 of each even-numbered year. If a representative
20 of any of the above-named entities has not been
21 recommended by January 1 of any even-numbered year,
22 the Governor shall appoint a committee member to
23 fill that position. Committee members shall receive
24 no compensation for their services as members but
25 shall be reimbursed for all actual and necessary
26 expenses and disbursements incurred in the
27 performance of their official duties. The remaining
28 50% of this two-sevenths shall be distributed to
29 county fairs for premiums and rehabilitation as set
30 forth in the Agricultural Fair Act;
31 Four-sevenths to museums and aquariums located
32 in park districts of over 500,000 population;
33 provided that the monies are distributed in
34 accordance with the previous year's distribution of
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1 the maintenance tax for such museums and aquariums
2 as provided in Section 2 of the Park District
3 Aquarium and Museum Act; and
4 One-seventh to the Agricultural Premium Fund to
5 be used for distribution to agricultural home
6 economics extension councils in accordance with "An
7 Act in relation to additional support and finances
8 for the Agricultural and Home Economic Extension
9 Councils in the several counties of this State and
10 making an appropriation therefor", approved July 24,
11 1967. This subparagraph (C) shall be inoperative and
12 of no force and effect on and after January 1, 2000.
13 (D) Except as provided in paragraph (11) of
14 this subsection (h), with respect to purse
15 allocation from intertrack wagering, the monies so
16 retained shall be divided as follows:
17 (i) If the inter-track wagering licensee,
18 except an intertrack wagering licensee that
19 derives its license from an organization
20 licensee located in a county with a population
21 in excess of 230,000 and bounded by the
22 Mississippi River, is not conducting its own
23 race meeting during the same dates, then the
24 entire purse allocation shall be to purses at
25 the track where the races wagered on are being
26 conducted.
27 (ii) If the inter-track wagering
28 licensee, except an intertrack wagering
29 licensee that derives its license from an
30 organization licensee located in a county with
31 a population in excess of 230,000 and bounded
32 by the Mississippi River, is also conducting
33 its own race meeting during the same dates,
34 then the purse allocation shall be as follows:
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1 50% to purses at the track where the races
2 wagered on are being conducted; 50% to purses
3 at the track where the inter-track wagering
4 licensee is accepting such wagers.
5 (iii) If the inter-track wagering is
6 being conducted by an inter-track wagering
7 location licensee, except an intertrack
8 wagering location licensee that derives its
9 license from an organization licensee located
10 in a county with a population in excess of
11 230,000 and bounded by the Mississippi River,
12 the entire purse allocation for Illinois races
13 shall be to purses at the track where the race
14 meeting being wagered on is being held.
15 (12) The Board shall have all powers necessary and
16 proper to fully supervise and control the conduct of
17 inter-track wagering and simulcast wagering by
18 inter-track wagering licensees and inter-track wagering
19 location licensees, including, but not limited to the
20 following:
21 (A) The Board is vested with power to
22 promulgate reasonable rules and regulations for the
23 purpose of administering the conduct of this
24 wagering and to prescribe reasonable rules,
25 regulations and conditions under which such wagering
26 shall be held and conducted. Such rules and
27 regulations are to provide for the prevention of
28 practices detrimental to the public interest and for
29 the best interests of said wagering and to impose
30 penalties for violations thereof.
31 (B) The Board, and any person or persons to
32 whom it delegates this power, is vested with the
33 power to enter the facilities of any licensee to
34 determine whether there has been compliance with the
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1 provisions of this Act and the rules and regulations
2 relating to the conduct of such wagering.
3 (C) The Board, and any person or persons to
4 whom it delegates this power, may eject or exclude
5 from any licensee's facilities, any person whose
6 conduct or reputation is such that his presence on
7 such premises may, in the opinion of the Board, call
8 into the question the honesty and integrity of, or
9 interfere with the orderly conduct of such wagering;
10 provided, however, that no person shall be excluded
11 or ejected from such premises solely on the grounds
12 of race, color, creed, national origin, ancestry, or
13 sex.
14 (D) (Blank).
15 (E) The Board is vested with the power to
16 appoint delegates to execute any of the powers
17 granted to it under this Section for the purpose of
18 administering this wagering and any rules and
19 regulations promulgated in accordance with this Act.
20 (F) The Board shall name and appoint a State
21 director of this wagering who shall be a
22 representative of the Board and whose duty it shall
23 be to supervise the conduct of inter-track wagering
24 as may be provided for by the rules and regulations
25 of the Board; such rules and regulation shall
26 specify the method of appointment and the Director's
27 powers, authority and duties.
28 (G) The Board is vested with the power to
29 impose civil penalties of up to $5,000 against
30 individuals and up to $10,000 against licensees for
31 each violation of any provision of this Act relating
32 to the conduct of this wagering, any rules adopted
33 by the Board, any order of the Board or any other
34 action which in the Board's discretion, is a
HB3490 Engrossed -28- LRB9109086LDtm
1 detriment or impediment to such wagering.
2 (13) The Department of Agriculture may enter into
3 agreements with licensees authorizing such licensees to
4 conduct inter-track wagering on races to be held at the
5 licensed race meetings conducted by the Department of
6 Agriculture. Such agreement shall specify the races of
7 the Department of Agriculture's licensed race meeting
8 upon which the licensees will conduct wagering. In the
9 event that a licensee conducts inter-track pari-mutuel
10 wagering on races from the Illinois State Fair or DuQuoin
11 State Fair which are in addition to the licensee's
12 previously approved racing program, those races shall be
13 considered a separate racing day for the purpose of
14 determining the daily handle and computing the privilege
15 or pari-mutuel tax on that daily handle as provided in
16 Sections 27 and 27.1. Such agreements shall be approved
17 by the Board before such wagering may be conducted. In
18 determining whether to grant approval, the Board shall
19 give due consideration to the best interests of the
20 public and of horse racing. The provisions of paragraphs
21 (1), (8), (8.1), and (8.2) of subsection (h) of this
22 Section which are not specified in this paragraph (13)
23 shall not apply to licensed race meetings conducted by
24 the Department of Agriculture at the Illinois State Fair
25 in Sangamon County or the DuQuoin State Fair in Perry
26 County, or to any wagering conducted on those race
27 meetings.
28 (i) Notwithstanding the other provisions of this Act,
29 the conduct of wagering at wagering facilities is authorized
30 on all days, except as limited by subsection (b) of Section
31 19 of this Act.
32 (Source: P.A. 91-40, eff. 6-25-99.)
33 Section 99. Effective date. This Act takes effect upon
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1 becoming law.
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