[ Back ] [ Bottom ]
91_SB1017enr
SB1017 Enrolled LRB9105678LDmb
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;
SB1017 Enrolled -2- LRB9105678LDmb
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,
SB1017 Enrolled -3- LRB9105678LDmb
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
SB1017 Enrolled -4- LRB9105678LDmb
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
SB1017 Enrolled -5- LRB9105678LDmb
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
SB1017 Enrolled -6- LRB9105678LDmb
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
SB1017 Enrolled -7- LRB9105678LDmb
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
SB1017 Enrolled -8- LRB9105678LDmb
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
SB1017 Enrolled -9- LRB9105678LDmb
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;
SB1017 Enrolled -10- LRB9105678LDmb
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.
SB1017 Enrolled -11- LRB9105678LDmb
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)
SB1017 Enrolled -12- LRB9105678LDmb
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,
SB1017 Enrolled -13- LRB9105678LDmb
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
SB1017 Enrolled -53- LRB9105678LDmb
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 standardbred or thoroughbred purses, provided that the
22 first $1,500,000 of the amount allocated to standardbred
23 purses under item (i) shall be allocated to the
24 Department of Agriculture to be expended with the
25 assistance and advice of the Illinois Standardbred
26 Breeders Funds Advisory Board for the purposes listed in
27 subsection (g) of Section 31 of this Act, before the
28 amount allocated to standardbred purses under item (i) is
29 allocated to standardbred organization licensees in the
30 succeeding allocation year.
31 To the extent the excess amount of taxes and fees to be
32 collected and distributed to State and local governmental
33 authorities exceeds $11 million, that excess amount shall be
34 collected and distributed to State and local authorities as
SB1017 Enrolled -57- LRB9105678LDmb
1 provided for under this Act.
2 (Source: P.A. 88-495; 89-16, eff. 5-30-95; 89-499, eff.
3 6-28-96.)
4 (230 ILCS 5/27.1) (from Ch. 8, par. 37-27.1)
5 Sec. 27.1. Every organization licensee whose track
6 facilities are operating in counties under 400,000 population
7 on or before June 1, 1986, shall be subject to a daily
8 graduated tax of 1% of the first $400,000 of daily
9 pari-mutuel handle and 2% of such handle in excess of
10 $400,000.
11 Every inter-track wagering licensee and inter-track
12 wagering location licensee shall be subject to a daily
13 graduated tax of 1% of the first $400,000 of its daily
14 pari-mutuel handle and 2% of such handle in excess of
15 $400,000.
16 Every organization licensee whose track facilities are
17 operating in counties under 400,000 population on or before
18 June 1, 1986, every inter-track wagering licensee and
19 inter-track wagering location licensee, shall pay, until
20 January 1, 2000, as a privilege tax on multiple wagers an
21 amount equal to .75% of all moneys wagered each day on such
22 multiple wagers, plus, until January 1, 2000, an additional
23 amount equal to 2.5% of the amount wagered each day on any
24 other multiple wager which involves a single betting interest
25 on 3 or more horses.
26 This Section is repealed on January 1, 2000.
27 (Source: P.A. 88-495; 89-16, eff. 5-30-95.)
28 (230 ILCS 5/28) (from Ch. 8, par. 37-28)
29 Sec. 28. Except as provided in subsection (g) of Section
30 27 of this Act, moneys collected shall be distributed
31 according to the provisions of this Section 28.
32 (a) Thirty per cent of the total of all monies received
SB1017 Enrolled -58- LRB9105678LDmb
1 by the State as privilege taxes shall be paid into the
2 Metropolitan Fair and Exposition Authority Reconstruction
3 Fund in the State treasury until such Fund contains
4 sufficient money to pay in full, both principal and interest,
5 all of the outstanding bonds issued pursuant to the Fair and
6 Exposition Authority Reconstruction Act, approved July 31,
7 1967, as amended, and thereafter shall be paid into the
8 Metropolitan Exposition Auditorium and Office Building Fund
9 in the State Treasury.
10 (b) Four and one-half per cent of the total of all
11 monies received by the State as privilege taxes shall be paid
12 into the State treasury into a special Fund to be known as
13 the "Metropolitan Exposition, Auditorium, and Office Building
14 Fund".
15 (c) Fifty per cent of the total of all monies received
16 by the State as privilege taxes under the provisions of this
17 Act shall be paid into the "Agricultural Premium Fund".
18 (d) Seven per cent of the total of all monies received
19 by the State as privilege taxes shall be paid into the Fair
20 and Exposition Fund in the State treasury; provided, however,
21 that when all bonds issued prior to July 1, 1984 by the
22 Metropolitan Fair and Exposition Authority shall have been
23 paid or payment shall have been provided for upon a refunding
24 of those bonds, thereafter 1/12 of $1,665,662 of such monies
25 shall be paid each month into the Build Illinois Fund, and
26 the remainder into the Fair and Exposition Fund. All excess
27 monies shall be allocated to the Department of Agriculture
28 for distribution to county fairs for premiums and
29 rehabilitation as set forth in the Agricultural Fair Act.
30 (e) The monies provided for in Section 30 shall be paid
31 into the Illinois Thoroughbred Breeders Fund.
32 (f) The monies provided for in Section 31 shall be paid
33 into the Illinois Standardbred Breeders Fund.
34 (g) Until January 1, 2000, that part representing 1/2 of
SB1017 Enrolled -59- LRB9105678LDmb
1 the total breakage in Thoroughbred, Harness, Appaloosa,
2 Arabian, and Quarter Horse racing in the State shall be paid
3 into the "Illinois Race Track Improvement Fund" as
4 established in Section 32.
5 (h) All other monies received by the Board under this
6 Act shall be paid into the General Revenue Fund of the State.
7 (i) The salaries of the Board members, secretary,
8 stewards, directors of mutuels, veterinarians,
9 representatives, accountants, clerks, stenographers,
10 inspectors and other employees of the Board, and all expenses
11 of the Board incident to the administration of this Act,
12 including, but not limited to, all expenses and salaries
13 incident to the taking of saliva and urine samples in
14 accordance with the rules and regulations of the Board shall
15 be paid out of the Agricultural Premium Fund.
16 (j) The Agricultural Premium Fund shall also be used:
17 (1) for the expenses of operating the Illinois
18 State Fair and the DuQuoin State Fair, including the
19 payment of prize money or premiums;
20 (2) for the distribution to county fairs,
21 vocational agriculture section fairs, agricultural
22 societies, and agricultural extension clubs in accordance
23 with the "Agricultural Fair Act", as amended;
24 (3) for payment of prize monies and premiums
25 awarded and for expenses incurred in connection with the
26 International Livestock Exposition and the Mid-Continent
27 Livestock Exposition held in Illinois, which premiums,
28 and awards must be approved, and paid by the Illinois
29 Department of Agriculture;
30 (4) for personal service of county agricultural
31 advisors and county home advisors;
32 (5) for distribution to agricultural home economic
33 extension councils in accordance with "An Act in relation
34 to additional support and finance for the Agricultural
SB1017 Enrolled -60- LRB9105678LDmb
1 and Home Economic Extension Councils in the several
2 counties in this State and making an appropriation
3 therefor", approved July 24, 1967, as amended;
4 (6) for research on equine disease, including a
5 development center therefor;
6 (7) for training scholarships for study on equine
7 diseases to students at the University of Illinois
8 College of Veterinary Medicine;
9 (8) for the rehabilitation, repair and maintenance
10 of the Illinois and DuQuoin State Fair Grounds and the
11 structures and facilities thereon and the construction of
12 permanent improvements on such Fair Grounds, including
13 such structures, facilities and property located on such
14 State Fair Grounds which are under the custody and
15 control of the Department of Agriculture;
16 (9) for the expenses of the Department of
17 Agriculture under Section 6.01a of "The Civil
18 Administrative Code of Illinois", as amended;
19 (10) for the expenses of the Department of Commerce
20 and Community Affairs under Sections 6.18a, 46.24, 46.25
21 and 46.26 of "The Civil Administrative Code of Illinois",
22 as amended;
23 (11) for remodeling, expanding, and reconstructing
24 facilities destroyed by fire of any Fair and Exposition
25 Authority in counties with a population of 1,000,000 or
26 more inhabitants;
27 (12) for the purpose of assisting in the care and
28 general rehabilitation of disabled veterans of any war
29 and their surviving spouses and orphans;
30 (13) for expenses of the Department of State Police
31 for duties performed under this Act;
32 (14) for the Department of Agriculture for soil
33 surveys and soil and water conservation purposes;
34 (15) for the Department of Agriculture for grants
SB1017 Enrolled -61- LRB9105678LDmb
1 to the City of Chicago for conducting the Chicagofest.
2 (k) To the extent that monies paid by the Board to the
3 Agricultural Premium Fund are in the opinion of the Governor
4 in excess of the amount necessary for the purposes herein
5 stated, the Governor shall notify the Comptroller and the
6 State Treasurer of such fact, who, upon receipt of such
7 notification, shall transfer such excess monies from the
8 Agricultural Premium Fund to the General Revenue Fund.
9 (Source: P.A. 89-16, eff. 5-30-95.)
10 (230 ILCS 5/28.1 new)
11 Sec. 28.1. Payments.
12 (a) Beginning on January 1, 2000, moneys collected by
13 the Department of Revenue and the Racing Board pursuant to
14 Section 26 or Section 27 of this Act shall be deposited into
15 the Horse Racing Fund, which is hereby created as a special
16 fund in the State Treasury.
17 (b) Appropriations, as approved by the General Assembly,
18 may be made from the Horse Racing Fund to the Board to pay
19 the salaries of the Board members, secretary, stewards,
20 directors of mutuels, veterinarians, representatives,
21 accountants, clerks, stenographers, inspectors and other
22 employees of the Board, and all expenses of the Board
23 incident to the administration of this Act, including, but
24 not limited to, all expenses and salaries incident to the
25 taking of saliva and urine samples in accordance with the
26 rules and regulations of the Board.
27 (c) Beginning on January 1, 2000, the Board shall
28 transfer the remainder of the funds generated pursuant to
29 Sections 26 and 27 from the Horse Racing Fund into the
30 General Revenue Fund.
31 (d) Beginning January 1, 2000, payments to all programs
32 in existence on the effective date of this amendatory Act of
33 1999 that are identified in Sections 26(c), 26(f),
SB1017 Enrolled -62- LRB9105678LDmb
1 26(h)(11)(C), and 28, subsections (a), (b), (c), (d), (e),
2 (f), (g), and (h) of Section 30, and subsections (a), (b),
3 (c), (d), (e), (f), (g), and (h) of Section 31 shall be made
4 from the General Revenue Fund at the funding levels
5 determined by amounts paid under this Act in calendar year
6 1998.
7 (230 ILCS 5/29) (from Ch. 8, par. 37-29)
8 Sec. 29. (a) After the privilege or pari-mutuel tax
9 established in Sections 26(f), 27, and 27.1 is paid to the
10 State from the monies retained by the organization licensee
11 pursuant to Sections 26, 26.2, and 26.3, the remainder of
12 those monies retained pursuant to Sections 26 and 26.2,
13 except as provided in subsection (g) of Section 27 of this
14 Act, shall be allocated evenly to the organization licensee
15 and as purses.
16 (b) (Blank).
17 (c) (Blank).
18 (d) Each organization licensee and inter-track wagering
19 licensee from the money retained for purses as set forth in
20 subsection (a) of this Section, shall pay to an organization
21 representing the largest number of horse owners and trainers
22 which has negotiated a contract with the organization
23 licensee for such purpose an amount equal to at least 1% of
24 the organization licensee's and inter-track wagering
25 licensee's retention of the pari-mutuel handle for the racing
26 season. Each inter-track wagering location licensee, from
27 the 4% of its handle required to be paid as purses under
28 paragraph (11) of subsection (h) of Section 26 of this Act,
29 shall pay to the contractually established representative
30 organization 2% of that 4%, provided that the payments so
31 made to the organization shall not exceed a total of $125,000
32 in any calendar year. Such contract shall be negotiated and
33 signed prior to the beginning of the racing season.
SB1017 Enrolled -63- LRB9105678LDmb
1 (Source: P.A. 89-16, eff. 5-30-95.)
2 (230 ILCS 5/30) (from Ch. 8, par. 37-30)
3 Sec. 30. (a) The General Assembly declares that it is
4 the policy of this State to encourage the breeding of
5 thoroughbred horses in this State and the ownership of such
6 horses by residents of this State in order to provide for:
7 sufficient numbers of high quality thoroughbred horses to
8 participate in thoroughbred racing meetings in this State,
9 and to establish and preserve the agricultural and commercial
10 benefits of such breeding and racing industries to the State
11 of Illinois. It is the intent of the General Assembly to
12 further this policy by the provisions of this Act.
13 (b) Each organization licensee conducting a thoroughbred
14 racing meeting pursuant to this Act shall provide at least
15 two races each day limited to Illinois conceived and foaled
16 horses or Illinois foaled horses or both. A minimum of 6
17 races shall be conducted each week limited to Illinois
18 conceived and foaled or Illinois foaled horses or both. No
19 horses shall be permitted to start in such races unless duly
20 registered under the rules of the Department of Agriculture.
21 (c) Conditions of races under subsection (b) shall be
22 commensurate with past performance, quality, and class of
23 Illinois conceived and foaled and Illinois foaled horses
24 available. If, however, sufficient competition cannot be had
25 among horses of that class on any day, the races may, with
26 consent of the Board, be eliminated for that day and
27 substitute races provided.
28 (d) There is hereby created a special fund of the State
29 Treasury to be known as the Illinois Thoroughbred Breeders
30 Fund.
31 Except as provided in subsection (g) of Section 27 of
32 this Act, 8.5% of all the monies received by the State as
33 privilege taxes on Thoroughbred racing meetings shall be paid
SB1017 Enrolled -64- LRB9105678LDmb
1 into the Illinois Thoroughbred Breeders Fund.
2 (e) The Illinois Thoroughbred Breeders Fund shall be
3 administered by the Department of Agriculture with the advice
4 and assistance of the Advisory Board created in subsection
5 (f) of this Section.
6 (f) The Illinois Thoroughbred Breeders Fund Advisory
7 Board shall consist of the Director of the Department of
8 Agriculture, who shall serve as Chairman; a member of the
9 Illinois Racing Board, designated by it; 2 representatives of
10 the organization licensees conducting thoroughbred racing
11 meetings, recommended by them; 2 representatives of the
12 Illinois Thoroughbred Breeders and Owners Foundation,
13 recommended by it; and 2 representatives of the Horsemen's
14 Benevolent Protective Association or any successor
15 organization established in Illinois comprised of the largest
16 number of owners and trainers, recommended by it, with one
17 representative of the Horsemen's Benevolent and Protective
18 Association to come from its Illinois Division, and one from
19 its Chicago Division. Advisory Board members shall serve for
20 2 years commencing January 1 of each odd numbered year. If
21 representatives of the organization licensees conducting
22 thoroughbred racing meetings, the Illinois Thoroughbred
23 Breeders and Owners Foundation, and the Horsemen's Benevolent
24 Protection Association have not been recommended by January
25 1, of each odd numbered year, the Director of the Department
26 of Agriculture shall make an appointment for the organization
27 failing to so recommend a member of the Advisory Board.
28 Advisory Board members shall receive no compensation for
29 their services as members but shall be reimbursed for all
30 actual and necessary expenses and disbursements incurred in
31 the execution of their official duties.
32 (g) No monies shall be expended from the Illinois
33 Thoroughbred Breeders Fund except as appropriated by the
34 General Assembly. Monies appropriated from the Illinois
SB1017 Enrolled -65- LRB9105678LDmb
1 Thoroughbred Breeders Fund shall be expended by the
2 Department of Agriculture, with the advice and assistance of
3 the Illinois Thoroughbred Breeders Fund Advisory Board, for
4 the following purposes only:
5 (1) To provide purse supplements to owners of
6 horses participating in races limited to Illinois
7 conceived and foaled and Illinois foaled horses. Any
8 such purse supplements shall not be included in and shall
9 be paid in addition to any purses, stakes, or breeders'
10 awards offered by each organization licensee as
11 determined by agreement between such organization
12 licensee and an organization representing the horsemen.
13 No monies from the Illinois Thoroughbred Breeders Fund
14 shall be used to provide purse supplements for claiming
15 races in which the minimum claiming price is less than
16 $7,500.
17 (2) To provide stakes and awards to be paid to the
18 owners of the winning horses in certain races limited to
19 Illinois conceived and foaled and Illinois foaled horses
20 designated as stakes races.
21 (2.5) To provide an award to the owner or owners of
22 an Illinois conceived and foaled or Illinois foaled horse
23 that wins a maiden special weight, an allowance,
24 overnight handicap race, or claiming race with claiming
25 price of $10,000 or more providing the race is not
26 restricted to Illinois conceived and foaled or Illinois
27 foaled horses. Awards shall also be provided to the
28 owner or owners of Illinois conceived and foaled and
29 Illinois foaled horses that place second or third in
30 those races. To the extent that additional moneys are
31 required to pay the minimum additional awards of 40% of
32 the purse the horse earns for placing first, second or
33 third in those races for Illinois foaled horses and of
34 60% of the purse the horse earns for placing first,
SB1017 Enrolled -66- LRB9105678LDmb
1 second or third in those races for Illinois conceived and
2 foaled horses, those moneys shall be provided from the
3 purse account at the track where earned.
4 (3) To provide stallion awards to the owner or
5 owners of any stallion that is duly registered with the
6 Illinois Thoroughbred Breeders Fund Program prior to the
7 effective date of this amendatory Act of 1995 whose duly
8 registered Illinois conceived and foaled offspring wins a
9 race conducted at an Illinois thoroughbred racing meeting
10 other than a claiming race. Such award shall not be paid
11 to the owner or owners of an Illinois stallion that
12 served outside this State at any time during the calendar
13 year in which such race was conducted.
14 (4) To provide $75,000 annually for purses to be
15 distributed to county fairs that provide for the running
16 of races during each county fair exclusively for the
17 thoroughbreds conceived and foaled in Illinois. The
18 conditions of the races shall be developed by the county
19 fair association and reviewed by the Department with the
20 advice and assistance of the Illinois Thoroughbred
21 Breeders Fund Advisory Board. There shall be no wagering
22 of any kind on the running of Illinois conceived and
23 foaled races at county fairs.
24 (4.1) To provide purse money for an Illinois
25 stallion stakes program.
26 (5) No less than 80% of all monies appropriated
27 from the Illinois Thoroughbred Breeders Fund shall be
28 expended for the purposes in (1), (2), (2.5), (3), (4),
29 (4.1), and (5) as shown above.
30 (6) To provide for educational programs regarding
31 the thoroughbred breeding industry.
32 (7) To provide for research programs concerning the
33 health, development and care of the thoroughbred horse.
34 (8) To provide for a scholarship and training
SB1017 Enrolled -67- LRB9105678LDmb
1 program for students of equine veterinary medicine.
2 (9) To provide for dissemination of public
3 information designed to promote the breeding of
4 thoroughbred horses in Illinois.
5 (10) To provide for all expenses incurred in the
6 administration of the Illinois Thoroughbred Breeders
7 Fund.
8 (h) Whenever the Governor finds that the amount in the
9 Illinois Thoroughbred Breeders Fund is more than the total of
10 the outstanding appropriations from such fund, the Governor
11 shall notify the State Comptroller and the State Treasurer of
12 such fact. The Comptroller and the State Treasurer, upon
13 receipt of such notification, shall transfer such excess
14 amount from the Illinois Thoroughbred Breeders Fund to the
15 General Revenue Fund.
16 (i) A sum equal to 12 1/2% of the first prize money of
17 every purse won by an Illinois foaled or an Illinois
18 conceived and foaled horse in races not limited to Illinois
19 foaled horses or Illinois conceived and foaled horses, or
20 both, shall be paid by the organization licensee conducting
21 the horse race meeting. Such sum shall be paid from the
22 organization licensee's share of the money wagered as
23 follows: 11 1/2% to the breeder of the winning horse and 1%
24 to the organization representing thoroughbred breeders and
25 owners whose representative serves on the Illinois
26 Thoroughbred Breeders Fund Advisory Board for verifying the
27 amounts of breeders' awards earned, assuring their
28 distribution in accordance with this Act, and servicing and
29 promoting the Illinois thoroughbred horse racing industry.
30 The organization representing thoroughbred breeders and
31 owners shall cause all expenditures of monies received under
32 this subsection (i) to be audited at least annually by a
33 registered public accountant. The organization shall file
34 copies of each annual audit with the Racing Board, the Clerk
SB1017 Enrolled -68- LRB9105678LDmb
1 of the House of Representatives and the Secretary of the
2 Senate, and shall make copies of each annual audit available
3 to the public upon request and upon payment of the reasonable
4 cost of photocopying the requested number of copies. Such
5 payments shall not reduce any award to the owner of the horse
6 or reduce the taxes payable under this Act. Upon completion
7 of its racing meet, each organization licensee shall deliver
8 to the organization representing thoroughbred breeders and
9 owners whose representative serves on the Illinois
10 Thoroughbred Breeders Fund Advisory Board a listing of all
11 the Illinois foaled and the Illinois conceived and foaled
12 horses which won breeders' awards and the amount of such
13 breeders' awards under this subsection to verify accuracy of
14 payments and assure proper distribution of breeders' awards
15 in accordance with the provisions of this Act. Such payments
16 shall be delivered by the organization licensee within 30
17 days of the end of each race meeting.
18 (j) A sum equal to 12 1/2% of the first prize money won
19 in each race limited to Illinois foaled horses or Illinois
20 conceived and foaled horses, or both, shall be paid in the
21 following manner by the organization licensee conducting the
22 horse race meeting, from the organization licensee's share of
23 the money wagered: 11 1/2% to the breeders of the horses in
24 each such race which are the official first, second, third
25 and fourth finishers and 1% to the organization representing
26 thoroughbred breeders and owners whose representative serves
27 on the Illinois Thoroughbred Breeders Fund Advisory Board for
28 verifying the amounts of breeders' awards earned, assuring
29 their proper distribution in accordance with this Act, and
30 servicing and promoting the Illinois thoroughbred horse
31 racing industry. The organization representing thoroughbred
32 breeders and owners shall cause all expenditures of monies
33 received under this subsection (j) to be audited at least
34 annually by a registered public accountant. The organization
SB1017 Enrolled -69- LRB9105678LDmb
1 shall file copies of each annual audit with the Racing Board,
2 the Clerk of the House of Representatives and the Secretary
3 of the Senate, and shall make copies of each annual audit
4 available to the public upon request and upon payment of the
5 reasonable cost of photocopying the requested number of
6 copies.
7 The 11 1/2% paid to the breeders in accordance with this
8 subsection shall be distributed as follows:
9 (1) 60% of such sum shall be paid to the breeder of
10 the horse which finishes in the official first position;
11 (2) 20% of such sum shall be paid to the breeder of
12 the horse which finishes in the official second position;
13 (3) 15% of such sum shall be paid to the breeder of
14 the horse which finishes in the official third position;
15 and
16 (4) 5% of such sum shall be paid to the breeder of
17 the horse which finishes in the official fourth position.
18 Such payments shall not reduce any award to the owners of
19 a horse or reduce the taxes payable under this Act. Upon
20 completion of its racing meet, each organization licensee
21 shall deliver to the organization representing thoroughbred
22 breeders and owners whose representative serves on the
23 Illinois Thoroughbred Breeders Fund Advisory Board a listing
24 of all the Illinois foaled and the Illinois conceived and
25 foaled horses which won breeders' awards and the amount of
26 such breeders' awards in accordance with the provisions of
27 this Act. Such payments shall be delivered by the
28 organization licensee within 30 days of the end of each race
29 meeting.
30 (k) The term "breeder", as used herein, means the owner
31 of the mare at the time the foal is dropped. An "Illinois
32 foaled horse" is a foal dropped by a mare which enters this
33 State on or before December 1, in the year in which the horse
34 is bred, 1995 for a foal dropped in calendar year 1996,
SB1017 Enrolled -70- LRB9105678LDmb
1 November 1, 1996 for a foal dropped in calendar year 1997,
2 and October 1 for foals dropped in all years thereafter,
3 provided the mare remains continuously in this State until
4 its foal is born. An "Illinois foaled horse" also means a
5 foal born of a mare in the same year as the mare enters this
6 State on or before March 1, and remains in this State at
7 least 30 days after foaling, is bred back during the season
8 of the foaling to an Illinois Registered Stallion (unless a
9 veterinarian certifies that the mare should not be bred for
10 health reasons), and is not bred to a stallion standing in
11 any other state during the season of foaling. An "Illinois
12 foaled horse" also means a foal born in Illinois of a mare
13 purchased at public auction subsequent to the mare entering
14 this State prior to February 1 of the foaling year providing
15 the mare is owned solely by one or more Illinois residents or
16 an Illinois entity that is entirely owned by one or more
17 Illinois residents.
18 (l) The Department of Agriculture shall, by rule, with
19 the advice and assistance of the Illinois Thoroughbred
20 Breeders Fund Advisory Board:
21 (1) Qualify stallions for Illinois breeding; such
22 stallions to stand for service within the State of
23 Illinois at the time of a foal's conception. Such
24 stallion must not stand for service at any place outside
25 the State of Illinois during the calendar year in which
26 the foal is conceived. The Department of Agriculture may
27 assess and collect application fees for the registration
28 of Illinois-eligible stallions. All fees collected are
29 to be paid into the Illinois Thoroughbred Breeders Fund.
30 (2) Provide for the registration of Illinois
31 conceived and foaled horses and Illinois foaled horses.
32 No such horse shall compete in the races limited to
33 Illinois conceived and foaled horses or Illinois foaled
34 horses or both unless registered with the Department of
SB1017 Enrolled -71- LRB9105678LDmb
1 Agriculture. The Department of Agriculture may prescribe
2 such forms as are necessary to determine the eligibility
3 of such horses. The Department of Agriculture may assess
4 and collect application fees for the registration of
5 Illinois-eligible foals. All fees collected are to be
6 paid into the Illinois Thoroughbred Breeders Fund. No
7 person shall knowingly prepare or cause preparation of an
8 application for registration of such foals containing
9 false information.
10 (m) The Department of Agriculture, with the advice and
11 assistance of the Illinois Thoroughbred Breeders Fund
12 Advisory Board, shall provide that certain races limited to
13 Illinois conceived and foaled and Illinois foaled horses be
14 stakes races and determine the total amount of stakes and
15 awards to be paid to the owners of the winning horses in such
16 races.
17 In determining the stakes races and the amount of awards
18 for such races, the Department of Agriculture shall consider
19 factors, including but not limited to, the amount of money
20 appropriated for the Illinois Thoroughbred Breeders Fund
21 program, organization licensees' contributions, availability
22 of stakes caliber horses as demonstrated by past
23 performances, whether the race can be coordinated into the
24 proposed racing dates within organization licensees' racing
25 dates, opportunity for colts and fillies and various age
26 groups to race, public wagering on such races, and the
27 previous racing schedule.
28 (n) The Board and the organizational licensee shall
29 notify the Department of the conditions and minimum purses
30 for races limited to Illinois conceived and foaled and
31 Illinois foaled horses conducted for each organizational
32 licensee conducting a thoroughbred racing meeting. The
33 Department of Agriculture with the advice and assistance of
34 the Illinois Thoroughbred Breeders Fund Advisory Board may
SB1017 Enrolled -72- LRB9105678LDmb
1 allocate monies for purse supplements for such races. In
2 determining whether to allocate money and the amount, the
3 Department of Agriculture shall consider factors, including
4 but not limited to, the amount of money appropriated for the
5 Illinois Thoroughbred Breeders Fund program, the number of
6 races that may occur, and the organizational licensee's purse
7 structure.
8 (o) In order to improve the breeding quality of
9 thoroughbred horses in the State, the General Assembly
10 recognizes that existing provisions of this Section to
11 encourage such quality breeding need to be revised and
12 strengthened. As such, a Thoroughbred Breeder's Program Task
13 Force is to be appointed by the Governor by September 1, 1999
14 to make recommendations to the General Assembly by no later
15 than March 1, 2000. This task force is to be composed of 2
16 representatives from the Illinois Thoroughbred Breeders and
17 Owners Foundation, 2 from the Illinois Thoroughbred
18 Horsemen's Association, 3 from Illinois race tracks operating
19 thoroughbred race meets for an average of at least 30 days in
20 the past 3 years, the Director of Agriculture, the Executive
21 Director of the Racing Board, who shall serve as Chairman.
22 (Source: P.A. 88-495; 89-16, eff. 5-30-95.)
23 (230 ILCS 5/30.5 new)
24 Sec. 30.5. Illinois Quarter Horse Breeders Fund.
25 (a) The General Assembly declares that it is the policy
26 of this State to encourage the breeding of racing quarter
27 horses in this State and the ownership of such horses by
28 residents of this State in order to provide for sufficient
29 numbers of high quality racing quarter horses in this State
30 and to establish and preserve the agricultural and commercial
31 benefits of such breeding and racing industries to the State
32 of Illinois. It is the intent of the General Assembly to
33 further this policy by the provisions of this Act.
SB1017 Enrolled -73- LRB9105678LDmb
1 (b) There is hereby created a special fund in the State
2 Treasury to be known as the Illinois Racing Quarter Horse
3 Breeders Fund. Except as provided in subsection (g) of
4 Section 27 of this Act, 8.5% of all the moneys received by
5 the State as pari-mutuel taxes on quarter horse racing shall
6 be paid into the Illinois Racing Quarter Horse Breeders Fund.
7 (c) The Illinois Racing Quarter Horse Breeders Fund
8 shall be administered by the Department of Agriculture with
9 the advice and assistance of the Advisory Board created in
10 subsection (d) of this Section.
11 (d) The Illinois Racing Quarter Horse Breeders Fund
12 Advisory Board shall consist of the Director of the
13 Department of Agriculture, who shall serve as Chairman; a
14 member of the Illinois Racing Board, designated by it; one
15 representative of the organization licensees conducting
16 pari-mutuel quarter horse racing meetings, recommended by
17 them; 2 representatives of the Illinois Running Quarter Horse
18 Association, recommended by it; and the Superintendent of
19 Fairs and Promotions from the Department of Agriculture.
20 Advisory Board members shall serve for 2 years commencing
21 January 1 of each odd numbered year. If representatives have
22 not been recommended by January 1 of each odd numbered year,
23 the Director of the Department of Agriculture may make an
24 appointment for the organization failing to so recommend a
25 member of the Advisory Board. Advisory Board members shall
26 receive no compensation for their services as members but may
27 be reimbursed for all actual and necessary expenses and
28 disbursements incurred in the execution of their official
29 duties.
30 (e) No moneys shall be expended from the Illinois Racing
31 Quarter Horse Breeders Fund except as appropriated by the
32 General Assembly. Moneys appropriated from the Illinois
33 Racing Quarter Horse Breeders Fund shall be expended by the
34 Department of Agriculture, with the advice and assistance of
SB1017 Enrolled -74- LRB9105678LDmb
1 the Illinois Racing Quarter Horse Breeders Fund Advisory
2 Board, for the following purposes only:
3 (1) To provide stakes and awards to be paid to the
4 owners of the winning horses in certain races. This
5 provision is limited to Illinois conceived and foaled
6 horses.
7 (2) To provide an award to the owner or owners of
8 an Illinois conceived and foaled horse that wins a race
9 when pari-mutuel wagering is conducted; providing the
10 race is not restricted to Illinois conceived and foaled
11 horses.
12 (3) To provide purse money for an Illinois stallion
13 stakes program.
14 (4) To provide for purses to be distributed for the
15 running of races during the Illinois State Fair and the
16 DuQuoin State Fair exclusively for quarter horses
17 conceived and foaled in Illinois.
18 (5) To provide for purses to be distributed for the
19 running of races at Illinois county fairs exclusively for
20 quarter horses conceived and foaled in Illinois.
21 (6) To provide for purses to be distributed for
22 running races exclusively for quarter horses conceived
23 and foaled in Illinois at locations in Illinois
24 determined by the Department of Agriculture with advice
25 and consent of the Racing Quarter Horse Breeders Fund
26 Advisory Board.
27 (7) No less than 90% of all moneys appropriated
28 from the Illinois Racing Quarter Horse Breeders Fund
29 shall be expended for the purposes in items (1), (2),
30 (3), (4), and (5) of this subsection (e).
31 (8) To provide for research programs concerning the
32 health, development, and care of racing quarter horses.
33 (9) To provide for dissemination of public
34 information designed to promote the breeding of racing
SB1017 Enrolled -75- LRB9105678LDmb
1 quarter horses in Illinois.
2 (10) To provide for expenses incurred in the
3 administration of the Illinois Racing Quarter Horse
4 Breeders Fund.
5 (f) The Department of Agriculture shall, by rule, with
6 the advice and assistance of the Illinois Racing Quarter
7 Horse Breeders Fund Advisory Board:
8 (1) Qualify stallions for Illinois breeding; such
9 stallions to stand for service within the State of
10 Illinois, at the time of a foal's conception. Such
11 stallion must not stand for service at any place outside
12 the State of Illinois during the calendar year in which
13 the foal is conceived. The Department of Agriculture may
14 assess and collect application fees for the registration
15 of Illinois-eligible stallions. All fees collected are to
16 be paid into the Illinois Racing Quarter Horse Breeders
17 Fund.
18 (2) Provide for the registration of Illinois
19 conceived and foaled horses. No such horse shall compete
20 in the races limited to Illinois conceived and foaled
21 horses unless it is registered with the Department of
22 Agriculture. The Department of Agriculture may prescribe
23 such forms as are necessary to determine the eligibility
24 of such horses. The Department of Agriculture may assess
25 and collect application fees for the registration of
26 Illinois-eligible foals. All fees collected are to be
27 paid into the Illinois Racing Quarter Horse Breeders
28 Fund. No person shall knowingly prepare or cause
29 preparation of an application for registration of such
30 foals that contains false information.
31 (g) The Department of Agriculture, with the advice and
32 assistance of the Illinois Racing Quarter Horse Breeders Fund
33 Advisory Board, shall provide that certain races limited to
34 Illinois conceived and foaled be stakes races and determine
SB1017 Enrolled -76- LRB9105678LDmb
1 the total amount of stakes and awards to be paid to the
2 owners of the winning horses in such races.
3 (230 ILCS 5/32.1 new)
4 Sec. 32.1. Pari-mutuel tax credit; statewide racetrack
5 real estate equalization. In order to encourage new
6 investment in Illinois racetrack facilities and mitigate
7 differing real estate tax burdens among all racetracks, the
8 licensees affiliated or associated with each racetrack that
9 has been awarded live racing dates in the current year shall
10 receive an immediate pari-mutuel tax credit in an amount
11 equal to the greater of (i) 50% of the amount of the real
12 estate taxes paid in the prior year attributable to that
13 racetrack, or (ii) the amount by which the real estate taxes
14 paid in the prior year attributable to that racetrack exceeds
15 60% of the average real estate taxes paid in the prior year
16 for all racetracks awarded live horse racing meets in the
17 current year.
18 Each year, regardless of whether the organization
19 licensee conducted live racing in the year of certification,
20 the Board shall certify in writing, prior to December 31, the
21 real estate taxes paid in that year for each racetrack and
22 the amount of the pari-mutuel tax credit that each
23 organization licensee, intertrack wagering licensee, and
24 intertrack wagering location licensee that derives its
25 license from such racetrack is entitled in the succeeding
26 calendar year. The real estate taxes considered under this
27 Section for any racetrack shall be those taxes on the real
28 estate parcels and related facilities used to conduct a horse
29 race meeting and inter-track wagering at such racetrack under
30 this Act. In no event shall the amount of the tax credit
31 under this Section exceed the amount of pari-mutuel taxes
32 otherwise calculated under this Act. The amount of the tax
33 credit under this Section shall be retained by each licensee
SB1017 Enrolled -77- LRB9105678LDmb
1 and shall not be subject to any reallocation or further
2 distribution under this Act. The Board may promulgate
3 emergency rules to implement this Section.
4 (230 ILCS 5/54 new)
5 Sec. 54. Horse Racing Equity Fund.
6 (a) There is created in the State Treasury a Fund to be
7 known as the Horse Racing Equity Fund. The Fund shall
8 consist of moneys paid into it pursuant to subsection (c-5)
9 of Section 13 of the Riverboat Gambling Act. The Fund shall
10 be administered by the Racing Board.
11 (b) The moneys deposited into the Fund shall be
12 distributed by the State Treasurer within 10 days after those
13 moneys are deposited into the Fund as follows:
14 (1) Fifty percent of all moneys distributed under
15 this subsection shall be distributed to organization
16 licensees to be distributed at their race meetings as
17 purses. Fifty-seven percent of the amount distributed
18 under this paragraph (1) shall be distributed for
19 thoroughbred race meetings and 43% shall be distributed
20 for standardbred race meetings. Within each breed,
21 moneys shall be allocated to each organization licensee's
22 purse fund in accordance with the ratio between the
23 purses generated for that breed by that licensee during
24 the prior calendar year and the total purses generated
25 throughout the State for that breed during the prior
26 calendar year.
27 (2) The remaining 50% of the moneys distributed
28 under this subsection (b) shall be distributed pro rata
29 according to the aggregate proportion of state-wide
30 handle at the racetrack, inter-track, and inter-track
31 wagering locations that derive their licenses from a
32 racetrack identified in this paragraph (2) for calendar
33 years 1994, 1996, and 1997 to (i) any person (or its
SB1017 Enrolled -78- LRB9105678LDmb
1 successors or assigns) who had operating control of a
2 racing facility at which live racing was conducted in
3 calendar year 1997 and who has operating control of an
4 organization licensee that conducted racing in calendar
5 year 1997 and is a licensee in the current year, or (ii)
6 any person (or its successors or assigns) who has
7 operating control of a racing facility located in a
8 county that is bounded by the Mississippi River that has
9 a population of less than 150,000 according to the 1990
10 decennial census and conducted an average of 60 days of
11 racing per year between 1985 and 1993 and has been
12 awarded an inter-track wagering license in the current
13 year.
14 If any person identified in this paragraph (2)
15 becomes ineligible to receive moneys from the Fund, such
16 amount shall be redistributed among the remaining persons
17 in proportion to their percentages otherwise calculated.
18 (230 ILCS 5/55 new)
19 Sec. 55. Study concerning account wagering and fixed
20 odds wagering. The Board shall study whether it would be in
21 the best interests of the horse racing industry and the State
22 of Illinois to authorize account wagering and fixed odds
23 wagering. The Board shall file a written report containing
24 its findings with the General Assembly no later than December
25 31, 1999.
26 Section 12. The Illinois Horse Racing Act of 1975 is
27 amended by changing Section 32 as follows:
28 (230 ILCS 5/32) (from Ch. 8, par. 37-32)
29 Sec. 32. Illinois Race Track Improvement Fund. Within 30
30 days after the effective date of this Act, the Board shall
31 cause all moneys previously deposited in the Illinois Race
SB1017 Enrolled -79- LRB9105678LDmb
1 Track Improvement Fund to be remitted to the racetrack from
2 which the licensee derives its license in accordance to the
3 amounts generated by each licensee.
4 (a) There is hereby created in the State Treasury a fund
5 to be known as the Illinois Race Track Improvement Fund,
6 referred to in this Section as the Fund, to consist of monies
7 paid into it pursuant to Section 28. Except as provided in
8 subsection (g) of Section 27 of this Act, moneys credited to
9 the Fund shall be distributed by the Treasurer on order of
10 the Board.
11 (b) Except as provided in subsection (g) of Section 28,
12 50% of the breakage of each meeting shall be collected by the
13 Department of Revenue and deposited with the State Treasurer
14 in an account established for each organization licensee who
15 held such meeting at any track in a given racing year.
16 (c) The Racing Board shall use this Fund to aid tracks
17 in improving their facilities. Expenditures from the Fund
18 shall be equitably distributed between frontside and backside
19 improvements for each organization licensee, taking into
20 account the amount an organization licensee may spend or has
21 spent on frontside and backside improvements over the course
22 of a multi-year capital improvement plan, which plan shall be
23 updated each year and subject to the review and approval of
24 the Board. The Board shall have discretion to deny a request
25 for reimbursement from the Fund if it determines that the
26 proposed expenditures are not consistent with the approved
27 capital improvement plan. An organization licensee shall be
28 required to file an updated plan each year with any
29 application to conduct racing.
30 (d) Monies shall be distributed from the Fund to tracks
31 for the cost of erection, improving or acquisition of seating
32 stands, buildings or other structures, ground or track, for
33 the necessary purchase or required restoration of depreciable
34 property and equipment used in the operation of a race track,
SB1017 Enrolled -80- LRB9105678LDmb
1 or for the payment of the cost of amortization of debt
2 contracted with the approval of the Board for any or all such
3 purposes. The fund shall also be used to reimburse race
4 tracks for the added expenses incurred when it is necessary
5 to establish training facilities for horses eligible to
6 compete at operating race tracks due to the existence of an
7 overflow of eligible horses using the training facilities at
8 the operating tracks, or if it is determined by the Board to
9 be in the best interests of racing.
10 (e) The Board shall promulgate procedural rules and
11 regulations governing information required, deadlines for
12 filing, and types of application forms to be observed by the
13 tracks seeking monies from the Fund.
14 (f) (Blank).
15 (g) The Board shall keep accurate records of monies
16 deposited in each account for each licensee. If in any given
17 year a track does not tender any application for monies from
18 the Fund or tenders an application which is not in accordance
19 with the provisions of this Section the Department of Revenue
20 shall allow such unexpended monies to remain in the account
21 for utilization at a later date in accordance with the
22 provision of subsections (c) through (e).
23 (h) In addition to any other permitted use of moneys in
24 the Fund, and notwithstanding any restriction on the use of
25 the Fund, moneys in the Illinois Race Track Improvement Fund
26 may be transferred to the General Revenue Fund as authorized
27 by Public Act 87-14. The General Assembly finds that an
28 excess of moneys existed in the Fund on July 30, 1991, and
29 the Governor's order of July 30, 1991, requesting the
30 Comptroller and Treasurer to transfer an amount from the Fund
31 to the General Revenue Fund is hereby validated.
32 (Source: P.A. 89-16, eff. 5-30-95.)
33 Section 15. The Riverboat Gambling Act is amended by
SB1017 Enrolled -81- LRB9105678LDmb
1 changing the title of the Act, changing Sections 3, 4, 5, 6,
2 7, 11, 12, 13, and 18, and adding Section 11.2 as follows:
3 (230 ILCS 10/Act title)
4 An Act to authorize certain forms of gambling on
5 excursion gambling boats.
6 (Source: P.A. 86-1029.)
7 (230 ILCS 10/3) (from Ch. 120, par. 2403)
8 Sec. 3. Riverboat Gambling Authorized.
9 (a) Riverboat gambling operations and the system of
10 wagering incorporated therein, as defined in this Act, are
11 hereby authorized to the extent that they are carried out in
12 accordance with the provisions of this Act.
13 (b) This Act does not apply to the pari-mutuel system of
14 wagering used or intended to be used in connection with the
15 horse-race meetings as authorized under the Illinois Horse
16 Racing Act of 1975, lottery games authorized under the
17 Illinois Lottery Law, bingo authorized under the Bingo
18 License and Tax Act, charitable games authorized under the
19 Charitable Games Act or pull tabs and jar games conducted
20 under the Illinois Pull Tabs and Jar Games Act.
21 (c) Riverboat gambling conducted pursuant to this Act
22 may be authorized upon any water navigable stream within the
23 State of Illinois or any water navigable stream other than
24 Lake Michigan which constitutes a boundary of the State of
25 Illinois. A licensee may conduct riverboat gambling
26 authorized under this Act regardless of whether it conducts
27 excursion cruises. A licensee may permit the continuous
28 ingress and egress of passengers for the purpose of gambling;
29 however, this Act does not authorize riverboat gambling
30 within a county having a population in excess of 3,000,000,
31 and this Act does not authorize riverboats conducting
32 gambling under this Act to dock at any location in a county
SB1017 Enrolled -82- LRB9105678LDmb
1 having a population in excess of 3,000,000.
2 (Source: P.A. 86-1029.)
3 (230 ILCS 10/4) (from Ch. 120, par. 2404)
4 Sec. 4. Definitions. As used in this Act:
5 (a) "Board" means the Illinois Gaming Board.
6 (b) "Occupational license" means a license issued by the
7 Board to a person or entity to perform an occupation which
8 the Board has identified as requiring a license to engage in
9 riverboat gambling in Illinois.
10 (c) "Gambling game" includes, but is not limited to,
11 baccarat, twenty-one, poker, craps, slot machine, video game
12 of chance, roulette wheel, klondike table, punchboard, faro
13 layout, keno layout, numbers ticket, push card, jar ticket,
14 or pull tab which is authorized by the Board as a wagering
15 device under this Act.
16 (d) "Riverboat" means a self-propelled excursion boat or
17 a permanently moored barge on which lawful gambling is
18 authorized and licensed as provided in this Act.
19 (e) (Blank). "Gambling excursion" means the time during
20 which gambling games may be operated on a riverboat.
21 (f) "Dock" means the location where a an excursion
22 riverboat moors for the purpose of embarking passengers for
23 and disembarking passengers from the riverboat a gambling
24 excursion.
25 (g) "Gross receipts" means the total amount of money
26 exchanged for the purchase of chips, tokens or electronic
27 cards by riverboat patrons.
28 (h) "Adjusted gross receipts" means the gross receipts
29 less winnings paid to wagerers.
30 (i) "Cheat" means to alter the selection of criteria
31 which determine the result of a gambling game or the amount
32 or frequency of payment in a gambling game.
33 (j) "Department" means the Department of Revenue.
SB1017 Enrolled -83- LRB9105678LDmb
1 (k) "Gambling operation" means the conduct of authorized
2 gambling games upon a riverboat.
3 (Source: P.A. 86-1029; 86-1389; 87-826.)
4 (230 ILCS 10/5) (from Ch. 120, par. 2405)
5 Sec. 5. Gaming Board.
6 (a) (1) There is hereby established within the
7 Department of Revenue an Illinois Gaming Board which shall
8 have the powers and duties specified in this Act, and all
9 other powers necessary and proper to fully and effectively
10 execute this Act for the purpose of administering,
11 regulating, and enforcing the system of riverboat gambling
12 established by this Act. Its jurisdiction shall extend under
13 this Act to every person, association, corporation,
14 partnership and trust involved in riverboat gambling
15 operations in the State of Illinois.
16 (2) The Board shall consist of 5 members to be appointed
17 by the Governor with the advice and consent of the Senate,
18 one of whom shall be designated by the Governor to be
19 chairman. Each member shall have a reasonable knowledge of
20 the practice, procedure and principles of gambling
21 operations. Each member shall either be a resident of
22 Illinois or shall certify that he will become a resident of
23 Illinois before taking office. At least one member shall be
24 experienced in law enforcement and criminal investigation, at
25 least one member shall be a certified public accountant
26 experienced in accounting and auditing, and at least one
27 member shall be a lawyer licensed to practice law in
28 Illinois.
29 (3) The terms of office of the Board members shall be 3
30 years, except that the terms of office of the initial Board
31 members appointed pursuant to this Act will commence from the
32 effective date of this Act and run as follows: one for a
33 term ending July 1, 1991, 2 for a term ending July 1, 1992,
SB1017 Enrolled -84- LRB9105678LDmb
1 and 2 for a term ending July 1, 1993. Upon the expiration of
2 the foregoing terms, the successors of such members shall
3 serve a term for 3 years and until their successors are
4 appointed and qualified for like terms. Vacancies in the
5 Board shall be filled for the unexpired term in like manner
6 as original appointments. Each member of the Board shall be
7 eligible for reappointment at the discretion of the Governor
8 with the advice and consent of the Senate.
9 (4) Each member of the Board shall receive $300 for each
10 day the Board meets and for each day the member conducts any
11 hearing pursuant to this Act. Each member of the Board shall
12 also be reimbursed for all actual and necessary expenses and
13 disbursements incurred in the execution of official duties.
14 (5) No person shall be appointed a member of the Board
15 or continue to be a member of the Board who is, or whose
16 spouse, child or parent is, a member of the board of
17 directors of, or a person financially interested in, any
18 gambling operation subject to the jurisdiction of this Board,
19 or any race track, race meeting, racing association or the
20 operations thereof subject to the jurisdiction of the
21 Illinois Racing Board. No Board member shall hold any other
22 public office for which he shall receive compensation other
23 than necessary travel or other incidental expenses. No
24 person shall be a member of the Board who is not of good
25 moral character or who has been convicted of, or is under
26 indictment for, a felony under the laws of Illinois or any
27 other state, or the United States.
28 (6) Any member of the Board may be removed by the
29 Governor for neglect of duty, misfeasance, malfeasance, or
30 nonfeasance in office.
31 (7) Before entering upon the discharge of the duties of
32 his office, each member of the Board shall take an oath that
33 he will faithfully execute the duties of his office according
34 to the laws of the State and the rules and regulations
SB1017 Enrolled -85- LRB9105678LDmb
1 adopted therewith and shall give bond to the State of
2 Illinois, approved by the Governor, in the sum of $25,000.
3 Every such bond, when duly executed and approved, shall be
4 recorded in the office of the Secretary of State. Whenever
5 the Governor determines that the bond of any member of the
6 Board has become or is likely to become invalid or
7 insufficient, he shall require such member forthwith to renew
8 his bond, which is to be approved by the Governor. Any
9 member of the Board who fails to take oath and give bond
10 within 30 days from the date of his appointment, or who fails
11 to renew his bond within 30 days after it is demanded by the
12 Governor, shall be guilty of neglect of duty and may be
13 removed by the Governor. The cost of any bond given by any
14 member of the Board under this Section shall be taken to be a
15 part of the necessary expenses of the Board.
16 (8) Upon the request of the Board, the Department shall
17 employ such personnel as may be necessary to carry out the
18 functions of the Board. No person shall be employed to serve
19 the Board who is, or whose spouse, parent or child is, an
20 official of, or has a financial interest in or financial
21 relation with, any operator engaged in gambling operations
22 within this State or any organization engaged in conducting
23 horse racing within this State. Any employee violating these
24 prohibitions shall be subject to termination of employment.
25 (9) An Administrator shall perform any and all duties
26 that the Board shall assign him. The salary of the
27 Administrator shall be determined by the Board and approved
28 by the Director of the Department and, in addition, he shall
29 be reimbursed for all actual and necessary expenses incurred
30 by him in discharge of his official duties. The
31 Administrator shall keep records of all proceedings of the
32 Board and shall preserve all records, books, documents and
33 other papers belonging to the Board or entrusted to its care.
34 The Administrator shall devote his full time to the duties of
SB1017 Enrolled -86- LRB9105678LDmb
1 the office and shall not hold any other office or employment.
2 (b) The Board shall have general responsibility for the
3 implementation of this Act. Its duties include, without
4 limitation, the following:
5 (1) To decide promptly and in reasonable order all
6 license applications. Any party aggrieved by an action of
7 the Board denying, suspending, revoking, restricting or
8 refusing to renew a license may request a hearing before
9 the Board. A request for a hearing must be made to the
10 Board in writing within 5 days after service of notice of
11 the action of the Board. Notice of the action of the
12 Board shall be served either by personal delivery or by
13 certified mail, postage prepaid, to the aggrieved party.
14 Notice served by certified mail shall be deemed complete
15 on the business day following the date of such mailing.
16 The Board shall conduct all requested hearings promptly
17 and in reasonable order;
18 (2) To conduct all hearings pertaining to civil
19 violations of this Act or rules and regulations
20 promulgated hereunder;
21 (3) To promulgate such rules and regulations as in
22 its judgment may be necessary to protect or enhance the
23 credibility and integrity of gambling operations
24 authorized by this Act and the regulatory process
25 hereunder;
26 (4) To provide for the establishment and collection
27 of all license and registration fees and taxes imposed by
28 this Act and the rules and regulations issued pursuant
29 hereto. All such fees and taxes shall be deposited into
30 the State Gaming Fund;
31 (5) To provide for the levy and collection of
32 penalties and fines for the violation of provisions of
33 this Act and the rules and regulations promulgated
34 hereunder. All such fines and penalties shall be
SB1017 Enrolled -87- LRB9105678LDmb
1 deposited into the Education Assistance Fund, created by
2 Public Act 86-0018, of the State of Illinois;
3 (6) To be present through its inspectors and agents
4 any time gambling operations are conducted on any
5 riverboat for the purpose of certifying the revenue
6 thereof, receiving complaints from the public, and
7 conducting such other investigations into the conduct of
8 the gambling games and the maintenance of the equipment
9 as from time to time the Board may deem necessary and
10 proper;
11 (7) To review and rule upon any complaint by a
12 licensee regarding any investigative procedures of the
13 State which are unnecessarily disruptive of gambling
14 operations. The need to inspect and investigate shall be
15 presumed at all times. The disruption of a licensee's
16 operations shall be proved by clear and convincing
17 evidence, and establish that: (A) the procedures had no
18 reasonable law enforcement purposes, and (B) the
19 procedures were so disruptive as to unreasonably inhibit
20 gambling operations;
21 (8) To hold at least one meeting each quarter of
22 the fiscal year. In addition, special meetings may be
23 called by the Chairman or any 2 Board members upon 72
24 hours written notice to each member. All Board meetings
25 shall be subject to the Open Meetings Act. Three members
26 of the Board shall constitute a quorum, and 3 votes shall
27 be required for any final determination by the Board.
28 The Board shall keep a complete and accurate record of
29 all its meetings. A majority of the members of the Board
30 shall constitute a quorum for the transaction of any
31 business, for the performance of any duty, or for the
32 exercise of any power which this Act requires the Board
33 members to transact, perform or exercise en banc, except
34 that, upon order of the Board, one of the Board members
SB1017 Enrolled -88- LRB9105678LDmb
1 or an administrative law judge designated by the Board
2 may conduct any hearing provided for under this Act or by
3 Board rule and may recommend findings and decisions to
4 the Board. The Board member or administrative law judge
5 conducting such hearing shall have all powers and rights
6 granted to the Board in this Act. The record made at the
7 time of the hearing shall be reviewed by the Board, or a
8 majority thereof, and the findings and decision of the
9 majority of the Board shall constitute the order of the
10 Board in such case;
11 (9) To maintain records which are separate and
12 distinct from the records of any other State board or
13 commission. Such records shall be available for public
14 inspection and shall accurately reflect all Board
15 proceedings;
16 (10) To file a written annual report with the
17 Governor on or before March 1 each year and such
18 additional reports as the Governor may request. The
19 annual report shall include a statement of receipts and
20 disbursements by the Board, actions taken by the Board,
21 and any additional information and recommendations which
22 the Board may deem valuable or which the Governor may
23 request;
24 (11) (Blank) To review the patterns of wagering and
25 wins and losses by persons on riverboat gambling
26 operations under this Act, and make recommendation to the
27 Governor and the General Assembly, by January 31, 1992,
28 as to whether limits on wagering losses should be imposed
29 To authorize the routes of a
27 riverboat and the stops which a riverboat may make.
28 (15) To suspend, revoke or restrict licenses, to
29 require the removal of a licensee or an employee of a
30 licensee for a violation of this Act or a Board rule or
31 for engaging in a fraudulent practice, and to impose
32 civil penalties of up to $5,000 against individuals and
33 up to $10,000 or an amount equal to the daily gross
34 receipts, whichever is larger, against licensees for each
SB1017 Enrolled -92- LRB9105678LDmb
1 violation of any provision of the Act, any rules adopted
2 by the Board, any order of the Board or any other action
3 which, in the Board's discretion, is a detriment or
4 impediment to riverboat gambling operations.
5 (16) To hire employees to gather information,
6 conduct investigations and carry out any other tasks
7 contemplated under this Act.
8 (17) To establish minimum levels of insurance to be
9 maintained by licensees.
10 (18) To authorize a licensee to sell or serve
11 alcoholic liquors, wine or beer as defined in the Liquor
12 Control Act of 1934 on board a riverboat and to have
13 exclusive authority to establish the hours for sale and
14 consumption of alcoholic liquor on board a riverboat,
15 notwithstanding any provision of the Liquor Control Act
16 of 1934 or any local ordinance, and regardless of whether
17 the riverboat makes excursions. The establishment of the
18 hours for sale and consumption of alcoholic liquor on
19 board a riverboat is an exclusive power and function of
20 the State. A home rule unit may not establish the hours
21 for sale and consumption of alcoholic liquor on board a
22 riverboat. This amendatory Act of 1991 is a denial and
23 limitation of home rule powers and functions under
24 subsection (h) of Section 6 of Article VII of the
25 Illinois Constitution.
26 (19) After consultation with the U.S. Army Corps of
27 Engineers, to establish binding emergency orders upon the
28 concurrence of a majority of the members of the Board
29 regarding the navigability of water, relative to
30 excursions, rivers in the event of extreme weather
31 conditions, acts of God or other extreme circumstances.
32 (20) To delegate the execution of any of its powers
33 under this Act for the purpose of administering and
34 enforcing this Act and its rules and regulations
SB1017 Enrolled -93- LRB9105678LDmb
1 hereunder.
2 (21) To take any other action as may be reasonable
3 or appropriate to enforce this Act and rules and
4 regulations hereunder.
5 (d) The Board may seek and shall receive the cooperation
6 of the Department of State Police in conducting background
7 investigations of applicants and in fulfilling its
8 responsibilities under this Section. Costs incurred by the
9 Department of State Police as a result of such cooperation
10 shall be paid by the Board in conformance with the
11 requirements of subsection 22 of Section 55a of The Civil
12 Administrative Code of Illinois.
13 (Source: P.A. 86-1029; 86-1389; 87-826.)
14 (230 ILCS 10/6) (from Ch. 120, par. 2406)
15 Sec. 6. Application for Owners License.
16 (a) A qualified person may apply to the Board for an
17 owners license to conduct a riverboat gambling operation as
18 provided in this Act. The application shall be made on forms
19 provided by the Board and shall contain such information as
20 the Board prescribes, including but not limited to the
21 identity of the riverboat on which such gambling operation is
22 to be conducted and the exact location where such riverboat
23 will be docked, a certification that the riverboat will be
24 registered under this Act at all times during which gambling
25 operations are conducted on board, detailed information
26 regarding the ownership and management of the applicant, and
27 detailed personal information regarding the applicant.
28 Information provided on the application shall be used as a
29 basis for a thorough background investigation which the Board
30 shall conduct with respect to each applicant. An incomplete
31 application shall be cause for denial of a license by the
32 Board.
33 (b) Applicants shall submit with their application all
SB1017 Enrolled -94- LRB9105678LDmb
1 documents, resolutions, and letters of support from the
2 governing body that represents the municipality or county
3 wherein the licensee will dock.
4 (c) Each applicant shall disclose the identity of every
5 person, association, trust or corporation having a greater
6 than 1% direct or indirect pecuniary interest in the
7 riverboat gambling operation with respect to which the
8 license is sought. If the disclosed entity is a trust, the
9 application shall disclose the names and addresses of the
10 beneficiaries; if a corporation, the names and addresses of
11 all stockholders and directors; if a partnership, the names
12 and addresses of all partners, both general and limited.
13 (d) An application shall be filed with the Board by
14 January 1 of the year preceding any calendar year for which
15 an applicant seeks an owners license; however, applications
16 for an owners license permitting operations on January 1,
17 1991 shall be filed by July 1, 1990. An application fee of
18 $50,000 shall be paid at the time of filing to defray the
19 costs associated with the background investigation conducted
20 by the Board. If the costs of the investigation exceed
21 $50,000, the applicant shall pay the additional amount to the
22 Board. If the costs of the investigation are less than
23 $50,000, the applicant shall receive a refund of the
24 remaining amount. All information, records, interviews,
25 reports, statements, memoranda or other data supplied to or
26 used by the Board in the course of its review or
27 investigation of an application for a license under this Act
28 shall be privileged, strictly confidential and shall be used
29 only for the purpose of evaluating an applicant. Such
30 information, records, interviews, reports, statements,
31 memoranda or other data shall not be admissible as evidence,
32 nor discoverable in any action of any kind in any court or
33 before any tribunal, board, agency or person, except for any
34 action deemed necessary by the Board.
SB1017 Enrolled -95- LRB9105678LDmb
1 (e) The Board shall charge each applicant a fee set by
2 the Department of State Police to defray the costs associated
3 with the search and classification of fingerprints obtained
4 by the Board with respect to the applicant's application.
5 These fees shall be paid into the State Police Services Fund.
6 (f) The licensed owner shall be the person primarily
7 responsible for the boat itself. Only one riverboat gambling
8 operation may be authorized by the Board on any riverboat.
9 The applicant must identify each riverboat it intends to use
10 and certify that the riverboat: (1) has the authorized
11 capacity required in this Act; (2) is accessible to disabled
12 persons; and (3) is either a replica of a 19th century
13 Illinois riverboat or of a casino cruise ship design; and (4)
14 the person, firm or corporation owns
14 more than a 10% ownership interest in any entity holding
15 an owners license issued under this Act; or
16 (8) a license of the person, firm or corporation
17 issued under this Act, or a license to own or operate
18 gambling facilities in any other jurisdiction, has been
19 revoked.
20 (b) In determining whether to grant an owners license to
21 an applicant, the Board shall consider:
22 (1) the character, reputation, experience and
23 financial integrity of the applicants and of any other or
24 separate person that either:
25 (A) controls, directly or indirectly, such
26 applicant, or
27 (B) is controlled, directly or indirectly, by
28 such applicant or by a person which controls,
29 directly or indirectly, such applicant;
30 (2) the facilities or proposed facilities for the
31 conduct of riverboat gambling;
32 (3) the highest prospective total revenue to be
33 derived by the State from the conduct of riverboat
34 gambling;
SB1017 Enrolled -97- LRB9105678LDmb
1 (4) the good faith affirmative action plan of each
2 applicant to recruit, train and upgrade minorities in all
3 employment classifications;
4 (5) the financial ability of the applicant to
5 purchase and maintain adequate liability and casualty
6 insurance;
7 (6) whether the applicant has adequate
8 capitalization to provide and maintain, for the duration
9 of a license, a riverboat; and
10 (7) the extent to which the applicant exceeds or
11 meets other standards for the issuance of an owners
12 license which the Board may adopt by rule.
13 (c) Each owners license shall specify the place where
14 riverboats shall operate and dock.
15 (d) Each applicant shall submit with his application, on
16 forms provided by the Board, 2 sets of his fingerprints.
17 (e) The Board may issue up to 10 licenses authorizing
18 the holders of such licenses to own riverboats. In the
19 application for an owners license, the applicant shall state
20 the dock at which the riverboat is based and the water
21 navigable stream on which the riverboat will be located
22 operate. The Board shall issue 5 licenses to become effective
23 not earlier than January 1, 1991. Three Four of such
24 licenses shall authorize riverboat gambling on the
25 Mississippi River, one of which shall authorize riverboat
26 gambling from a home dock in the city of East St. Louis. One
27 The other license shall authorize riverboat gambling on the
28 Illinois River south of Marshall County. The Board shall
29 issue 1 additional license to become effective not earlier
30 than March 1, 1992, which shall authorize riverboat gambling
31 on the Des Plaines River in Will County. The Board may issue
32 4 additional licenses to become effective not earlier than
33 March 1, 1992. In determining the water navigable streams
34 upon which riverboats will operate with licenses effective on
SB1017 Enrolled -98- LRB9105678LDmb
1 or after March 1, 1992, the Board shall consider the economic
2 benefit which riverboat gambling confers on the State, and
3 shall seek to assure that all regions of the State share in
4 the economic benefits of riverboat gambling.
5 In granting all licenses, the Board may give favorable
6 consideration to economically depressed areas of the State,
7 to applicants presenting plans which provide for significant
8 economic development over a large geographic area, and to
9 applicants who currently operate non-gambling riverboats in
10 Illinois. The Board shall review all applications for owners
11 licenses, and shall inform each applicant of the Board's
12 decision.
13 The Board may revoke the owners license of a licensee
14 which fails to begin conducting gambling regular riverboat
15 cruises within 15 12 months of receipt of the Board's
16 approval of the application if the Board determines that
17 license revocation is in the best interests of the State.
18 (f) The first 10 owners licenses issued under this Act
19 shall permit the holder to own up to 2 riverboats and
20 equipment thereon for a period of 3 years after the effective
21 date of the license. Holders of the first 10 owners licenses
22 must pay the annual license fee for each of the 3 years
23 during which they are authorized to own riverboats.
24 (g) Upon the termination, expiration, or revocation of
25 each of the first 10 licenses, which shall be issued for a 3
26 year period, all licenses are renewable annually upon payment
27 of the fee and a determination by the Board that the licensee
28 continues to meet all of the requirements of this Act and the
29 Board's rules. However, for licenses renewed on or after May
30 1, 1998, renewal shall be for a period of 4 years, unless the
31 Board sets a shorter period.
32 (h) An owners license shall entitle the licensee to own
33 up to 2 riverboats. A licensee shall limit the number of
34 gambling participants to 1,200 for any such owners license. A
SB1017 Enrolled -99- LRB9105678LDmb
1 licensee may operate both of its riverboats concurrently,
2 provided that the total number of gambling participants on
3 both riverboats does not exceed 1,200. Riverboats licensed to
4 operate on the Mississippi River and the Illinois River south
5 of Marshall County shall have an authorized capacity of at
6 least 500 persons. Any other riverboat licensed under this
7 Act shall have an authorized capacity of at least 400
8 persons.
9 (i) A licensed owner is authorized to apply to the Board
10 for and, if approved therefor, to receive all licenses from
11 the Board necessary for the operation of a riverboat,
12 including a liquor license, a license to prepare and serve
13 food for human consumption, and other necessary licenses.
14 All use, occupation and excise taxes which apply to the sale
15 of food and beverages in this State and all taxes imposed on
16 the sale or use of tangible personal property apply to such
17 sales aboard the riverboat.
18 (j) None of the first 5 licenses issued by the Board to
19 become effective not earlier than January 1, 1991 shall
20 authorize a riverboat to dock in a municipality with a
21 population of under 2,000; however, this restriction does not
22 apply to any additional licenses issued by the Board to
23 become effective not earlier than March 1, 1992. The Board
24 may issue a license authorizing a riverboat to dock in a
25 municipality or approve a relocation under Section 11.2 only
26 if, prior to the issuance of the license or approval, the
27 governing body of the municipality in which the riverboat
28 will dock has by a majority vote approved the docking of
29 riverboats in the municipality. The Board may issue a
30 license authorizing a riverboat to dock in areas of a county
31 outside any municipality or approve a relocation under
32 Section 11.2 only if, prior to the issuance of the license or
33 approval, the governing body of the county has by a majority
34 vote approved of the docking of riverboats within such areas.
SB1017 Enrolled -100- LRB9105678LDmb
1 (k) Nothing in this Act shall be interpreted to prohibit
2 a licensed owner from operating a school for the training of
3 any occupational licensee.
4 (Source: P.A. 86-1029; 86-1389; 86-1475; 87-826.)
5 (230 ILCS 10/11) (from Ch. 120, par. 2411)
6 Sec. 11. Conduct of gambling.
7 (a) Gambling may be conducted by licensed owners aboard
8 riverboats, subject to the following standards:
9 (1) A licensee may conduct riverboat gambling
10 authorized under this Act regardless of whether it
11 conducts excursion cruises. A licensee may permit the
12 continuous ingress and egress of passengers for the
13 purpose of gambling No gambling may be conducted while a
14 riverboat is docked.
15 (2) (Blank). Riverboat cruises may not exceed 4
16 hours for a round trip, with the exception of any
17 extended cruises, each of which shall be expressly
18 approved by the Board.
19 (3) Minimum and maximum wagers on games shall be
20 set by the licensee.
21 (4) Agents of the Board and the Department of State
22 Police may board and inspect any riverboat at any time
23 for the purpose of determining whether this Act is being
24 complied with. Every riverboat, if under way and being
25 hailed by a law enforcement officer or agent of the
26 Board, must stop immediately and lay to.
27 (5) Employees of the Board shall have the right to
28 be present on the riverboat or on adjacent facilities
29 under the control of the licensee.
30 (6) Gambling equipment and supplies customarily
31 used in conducting riverboat gambling must be purchased
32 or leased only from suppliers licensed for such purpose
33 under this Act.
SB1017 Enrolled -101- LRB9105678LDmb
1 (7) Persons licensed under this Act shall permit no
2 form of wagering on gambling games except as permitted by
3 this Act.
4 (8) Wagers may be received only from a person
5 present on a licensed riverboat. No person present on a
6 licensed riverboat shall place or attempt to place a
7 wager on behalf of another person who is not present on
8 the riverboat.
9 (9) Wagering shall not be conducted with money or
10 other negotiable currency.
11 (10) A person under age 21 shall not be permitted
12 on an area of a riverboat where gambling is being
13 conducted, except for a person at least 18 years of age
14 who is an employee of the riverboat gambling operation.
15 No employee under age 21 shall perform any function
16 involved in gambling by the patrons. No person under age
17 21 shall be permitted to make a wager under this Act.
18 (11) Gambling excursion cruises are permitted only
19 when the waterway navigable stream for which the
20 riverboat is licensed is navigable, as determined by the
21 Board in consultation with the U.S. Army Corps of
22 Engineers. This paragraph (11) does not limit the ability
23 of a licensee to conduct gambling authorized under this
24 Act when gambling excursion cruises are not permitted.
25 (12) All tokens, chips or electronic cards used to
26 make wagers must be purchased from a licensed owner
27 either aboard a riverboat or at an onshore facility which
28 has been approved by the Board and which is located where
29 the riverboat docks. The tokens, chips or electronic
30 cards may be purchased by means of an agreement under
31 which the owner extends credit to the patron. Such
32 tokens, chips or electronic cards may be used while
33 aboard the riverboat only for the purpose of making
34 wagers on gambling games.
SB1017 Enrolled -102- LRB9105678LDmb
1 (13) Notwithstanding any other Section of this Act,
2 in addition to the other licenses authorized under this
3 Act, the Board may issue special event licenses allowing
4 persons who are not otherwise licensed to conduct
5 riverboat gambling to conduct such gambling on a
6 specified date or series of dates. Riverboat gambling
7 under such a license may take place on a riverboat not
8 normally used for riverboat gambling. The Board shall
9 establish standards, fees and fines for, and limitations
10 upon, such licenses, which may differ from the standards,
11 fees, fines and limitations otherwise applicable under
12 this Act. All such fees shall be deposited into the
13 State Gaming Fund. All such fines shall be deposited
14 into the Education Assistance Fund, created by Public Act
15 86-0018, of the State of Illinois.
16 (14) In addition to the above, gambling must be
17 conducted in accordance with all rules adopted by the
18 Board.
19 (Source: P.A. 86-1029; 86-1389; 87-826.)
20 (230 ILCS 10/11.2 new)
21 Sec. 11.2. Relocation of riverboat home dock.
22 (a) A licensee that was not conducting riverboat
23 gambling on January 1, 1998 may apply to the Board for
24 renewal and approval of relocation to a new home dock
25 location authorized under Section 3(c) and the Board shall
26 grant the application and approval upon receipt by the
27 licensee of approval from the new municipality or county, as
28 the case may be, in which the licensee wishes to relocate
29 pursuant to Section 7(j).
30 (b) Any licensee that relocates its home dock pursuant
31 to this Section shall attain a level of at least 20% minority
32 person and female ownership, at least 16% and 4%
33 respectively, within a time period prescribed by the Board,
SB1017 Enrolled -103- LRB9105678LDmb
1 but not to exceed 12 months from the date the licensee begins
2 conducting gambling at the new home dock location. The
3 12-month period shall be extended by the amount of time
4 necessary to conduct a background investigation pursuant to
5 Section 6. For the purposes of this Section, the terms
6 "female" and "minority person" have the meanings provided in
7 Section 2 of the Business Enterprise for Minorities, Females,
8 and Persons with Disabilities Act.
9 (230 ILCS 10/12) (from Ch. 120, par. 2412)
10 Sec. 12. Admission tax; fees.
11 (a) A tax is hereby imposed upon admissions to gambling
12 excursions authorized pursuant to this Act at a rate of $2
13 per person admitted. This admission tax is imposed upon the
14 licensed owner conducting the gambling excursion.
15 (1) If tickets are issued which are good for more
16 than one gambling excursion, The admission tax shall be
17 paid for each admission person using the ticket on each
18 gambling excursion for which the ticket is used.
19 (2) (Blank). If free passes or complimentary
20 admission tickets are issued, the licensee shall pay the
21 same tax upon these passes or complimentary tickets as if
22 they were sold at the regular and usual admission rate.
23 (3) The riverboat licensee may issue tax-free
24 passes to actual and necessary officials and employees of
25 the licensee or other persons actually working on the
26 riverboat.
27 (4) The number and issuance of tax-free passes is
28 subject to the rules of the Board, and a list of all
29 persons to whom the tax-free passes are issued shall be
30 filed with the Board.
31 (b) From the $2 tax imposed under subsection (a), a
32 municipality shall receive from the State $1 for each person
33 embarking on a riverboat docked within the municipality, and
SB1017 Enrolled -104- LRB9105678LDmb
1 a county shall receive $1 for each person embarking on a
2 riverboat docked within the county but outside the boundaries
3 of any municipality. The municipality's or county's share
4 shall be collected by the Board on behalf of the State and
5 remitted quarterly by the State, subject to appropriation, to
6 the treasurer of the unit of local government for deposit in
7 the general fund.
8 (c) The licensed owner shall pay the entire admission
9 tax to the Board. Such payments shall be made daily.
10 Accompanying each payment shall be a return on forms provided
11 by the Board which shall include other information regarding
12 admissions as the Board may require. Failure to submit
13 either the payment or the return within the specified time
14 may result in suspension or revocation of the owners license.
15 (d) The Board shall administer and collect the admission
16 tax imposed by this Section, to the extent practicable, in a
17 manner consistent with the provisions of Sections 4, 5, 5a,
18 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9 and 10 of
19 the Retailers' Occupation Tax Act and Section 3-7 of the
20 Uniform Penalty and Interest Act.
21 (Source: P.A. 86-1029; 86-1389; 87-205; 87-895.)
22 (230 ILCS 10/13) (from Ch. 120, par. 2413)
23 Sec. 13. Wagering tax; rate; distribution.
24 (a) Until January 1, 1998, a tax is imposed on the
25 adjusted gross receipts received from gambling games
26 authorized under this Act at the rate of 20%.
27 Beginning January 1, 1998, a privilege tax is imposed on
28 persons engaged in the business of conducting riverboat
29 gambling operations, based on the adjusted gross receipts
30 received by a licensed owner from gambling games authorized
31 under this Act at the following rates:
32 15% of annual adjusted gross receipts up to and
33 including $25,000,000;
SB1017 Enrolled -105- LRB9105678LDmb
1 20% of annual adjusted gross receipts in excess of
2 $25,000,000 but not exceeding $50,000,000;
3 25% of annual adjusted gross receipts in excess of
4 $50,000,000 but not exceeding $75,000,000;
5 30% of annual adjusted gross receipts in excess of
6 $75,000,000 but not exceeding $100,000,000;
7 35% of annual adjusted gross receipts in excess of
8 $100,000,000.
9 The taxes imposed by this Section shall be paid by the
10 licensed owner to the Board not later than 3:00 o'clock p.m.
11 of the day after the day when the wagers were made.
12 (b) Until January 1, 1998, 25% of the tax revenue
13 deposited in the State Gaming Fund under this Section shall
14 be paid, subject to appropriation by the General Assembly, to
15 the unit of local government which is designated as the home
16 dock of the riverboat. Beginning January 1, 1998, from the
17 tax revenue deposited in the State Gaming Fund under this
18 Section, an amount equal to 5% of adjusted gross receipts
19 generated by a riverboat shall be paid monthly, subject to
20 appropriation by the General Assembly, to the unit of local
21 government that is designated as the home dock of the
22 riverboat.
23 (c) Appropriations, as approved by the General Assembly,
24 may be made from the State Gaming Fund to the Department of
25 Revenue and the Department of State Police for the
26 administration and enforcement of this Act.
27 (c-5) After the payments required under subsections (b)
28 and (c) have been made, an amount equal to 15% of the
29 adjusted gross receipts of a riverboat (1) that relocates
30 pursuant to Section 11.2, or (2) for which an owners license
31 is initially issued after the effective date of this
32 amendatory Act of 1999, whichever comes first, shall be paid
33 from the State Gaming Fund into the Horse Racing Equity Fund.
34 (c-10) Each year the General Assembly shall appropriate
SB1017 Enrolled -106- LRB9105678LDmb
1 from the General Revenue Fund to the Education Assistance
2 Fund an amount equal to the amount paid into the Horse Racing
3 Equity Fund pursuant to subsection (c-5) in the prior
4 calendar year.
5 (c-15) After the payments required under subsections
6 (b), (c), and (c-5) have been made, an amount equal to 2% of
7 the adjusted gross receipts of a riverboat (1) that relocates
8 pursuant to Section 11.2, or (2) for which an owners license
9 is initially issued after the effective date of this
10 amendatory Act of 1999, whichever comes first, shall be paid,
11 subject to appropriation from the General Assembly, from the
12 State Gaming Fund to each home rule county with a population
13 of over 3,000,000 inhabitants for the purpose of enhancing
14 the county's criminal justice system.
15 (c-20) Each year the General Assembly shall appropriate
16 from the General Revenue Fund to the Education Assistance
17 Fund an amount equal to the amount paid to each home rule
18 county with a population of over 3,000,000 inhabitants
19 pursuant to subsection (c-15) in the prior calendar year.
20 (c-25) After the payments required under subsections
21 (b), (c), (c-5) and (c-15) have been made, an amount equal to
22 2% of the adjusted gross receipts of a riverboat (1) that
23 relocates pursuant to Section 11.2, or (2) for which an
24 owners license is initially issued after the effective date
25 of this amendatory Act of 1999, whichever comes first, shall
26 be paid from the State Gaming Fund into the State
27 Universities Athletic Capital Improvement Fund.
28 (d) From time to time, the Board shall transfer the
29 remainder of the funds generated by this Act into the
30 Education Assistance Fund, created by Public Act 86-0018, of
31 the State of Illinois.
32 (e) Nothing in this Act shall prohibit the unit of local
33 government designated as the home dock of the riverboat from
34 entering into agreements with other units of local government
SB1017 Enrolled -107- LRB9105678LDmb
1 in this State or in other states to share its portion of the
2 tax revenue.
3 (f) To the extent practicable, the Board shall
4 administer and collect the wagering taxes imposed by this
5 Section in a manner consistent with the provisions of
6 Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
7 6c, 8, 9, and 10 of the Retailers' Occupation Tax Act and
8 Section 3-7 of the Uniform Penalty and Interest Act.
9 (Source: P.A. 89-21, eff. 7-1-95; 90-548, eff. 12-4-97.)
10 (230 ILCS 10/18) (from Ch. 120, par. 2418)
11 Sec. 18. Prohibited Activities - Penalty.
12 (a) A person is guilty of a Class A misdemeanor for
13 doing any of the following:
14 (1) Conducting Operating a gambling excursion where
15 wagering is used or to be used without a license issued
16 by the Board.
17 (2) Conducting Operating a gambling excursion where
18 wagering is permitted other than in the manner specified
19 by Section 11.
20 (b) A person is guilty of a Class B misdemeanor for
21 doing any of the following:
22 (1) permitting a person under 21 years to make a
23 wager; or
24 (2) violating paragraph (12) of subsection (a) of
25 Section 11 of this Act.
26 (c) A person wagering or accepting a wager at any
27 location outside the riverboat is subject to the penalties in
28 paragraphs (1) or (2) of subsection (a) of Section 28-1 of
29 the Criminal Code of 1961.
30 (d) A person commits a Class 4 felony and, in addition,
31 shall be barred for life from riverboats under the
32 jurisdiction of the Board, if the person does any of the
33 following:
SB1017 Enrolled -108- LRB9105678LDmb
1 (1) Offers, promises, or gives anything of value or
2 benefit to a person who is connected with a riverboat
3 owner including, but not limited to, an officer or
4 employee of a licensed owner or holder of an occupational
5 license pursuant to an agreement or arrangement or with
6 the intent that the promise or thing of value or benefit
7 will influence the actions of the person to whom the
8 offer, promise, or gift was made in order to affect or
9 attempt to affect the outcome of a gambling game, or to
10 influence official action of a member of the Board.
11 (2) Solicits or knowingly accepts or receives a
12 promise of anything of value or benefit while the person
13 is connected with a riverboat including, but not limited
14 to, an officer or employee of a licensed owner, or holder
15 of an occupational license, pursuant to an understanding
16 or arrangement or with the intent that the promise or
17 thing of value or benefit will influence the actions of
18 the person to affect or attempt to affect the outcome of
19 a gambling game, or to influence official action of a
20 member of the Board.
21 (3) Uses or possesses with the intent to use a
22 device to assist:
23 (i) In projecting the outcome of the game.
24 (ii) In keeping track of the cards played.
25 (iii) In analyzing the probability of the
26 occurrence of an event relating to the gambling
27 game.
28 (iv) In analyzing the strategy for playing or
29 betting to be used in the game except as permitted
30 by the Board.
31 (4) Cheats at a gambling game.
32 (5) Manufactures, sells, or distributes any cards,
33 chips, dice, game or device which is intended to be used
34 to violate any provision of this Act.
SB1017 Enrolled -109- LRB9105678LDmb
1 (6) Alters or misrepresents the outcome of a
2 gambling game on which wagers have been made after the
3 outcome is made sure but before it is revealed to the
4 players.
5 (7) Places a bet after acquiring knowledge, not
6 available to all players, of the outcome of the gambling
7 game which is subject of the bet or to aid a person in
8 acquiring the knowledge for the purpose of placing a bet
9 contingent on that outcome.
10 (8) Claims, collects, or takes, or attempts to
11 claim, collect, or take, money or anything of value in or
12 from the gambling games, with intent to defraud, without
13 having made a wager contingent on winning a gambling
14 game, or claims, collects, or takes an amount of money or
15 thing of value of greater value than the amount won.
16 (9) Uses counterfeit chips or tokens in a gambling
17 game.
18 (10) Possesses any key or device designed for the
19 purpose of opening, entering, or affecting the operation
20 of a gambling game, drop box, or an electronic or
21 mechanical device connected with the gambling game or for
22 removing coins, tokens, chips or other contents of a
23 gambling game. This paragraph (10) does not apply to a
24 gambling licensee or employee of a gambling licensee
25 acting in furtherance of the employee's employment.
26 (e) The possession of more than one of the devices
27 described in subsection (d), paragraphs (3), (5) or (10)
28 permits a rebuttable presumption that the possessor intended
29 to use the devices for cheating.
30 An action to prosecute any crime occurring on a riverboat
31 during a gambling excursion shall be tried in the county of
32 the dock at which the riverboat is based.
33 (Source: P.A. 86-1029; 87-826.)
SB1017 Enrolled -110- LRB9105678LDmb
1 (30 ILCS 105/5.26b rep.)
2 (30 ILCS 105/5.211 rep.)
3 Section 20. The State Finance Act is amended by
4 repealing Sections 5.26b and 5.211.
5 (230 ILCS 5/20.5 rep.)
6 (230 ILCS 5/26.6 rep.)
7 Section 25. The Illinois Horse Racing Act of 1975 is
8 amended by repealing Sections 20.5 and 26.6.
9 Section 30. Inseverability. The provisions of this Act
10 are mutually dependent and inseverable. If any provision is
11 held invalid other than as applied to a particular person or
12 circumstance, then this entire Act is invalid.
13 Section 99. Effective date. This Act takes effect upon
14 becoming law, except that Sections 12 and 20 take effect
15 January 1, 2000.
[ Top ]