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Public Act 099-0757 |
HB0940 Enrolled | LRB099 04769 MLM 24798 b |
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AN ACT concerning gaming.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 3. The Illinois Horse Racing Act of 1975 is amended |
by changing Section 26 as follows:
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(230 ILCS 5/26) (from Ch. 8, par. 37-26)
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Sec. 26. Wagering.
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(a) Any licensee may conduct and supervise the pari-mutuel |
system of
wagering, as defined in Section 3.12 of this Act, on |
horse races conducted by
an Illinois organization
licensee or |
conducted at a racetrack located in another state or country |
and
televised in Illinois in accordance with subsection (g) of |
Section 26 of this
Act. Subject to the prior consent of the |
Board, licensees may supplement any
pari-mutuel pool in order |
to guarantee a minimum distribution. Such
pari-mutuel method of |
wagering shall not,
under any circumstances if conducted under |
the provisions of this Act,
be held or construed to be |
unlawful, other statutes of this State to the
contrary |
notwithstanding.
Subject to rules for advance wagering |
promulgated by the Board, any
licensee
may accept wagers in |
advance of the day of
the race wagered upon occurs.
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(b) No other method of betting, pool making, wagering or
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gambling shall be used or permitted by the licensee. Each |
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licensee
may retain, subject to the payment of all applicable
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taxes and purses, an amount not to exceed 17% of all money |
wagered
under subsection (a) of this Section, except as may |
otherwise be permitted
under this Act.
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(b-5) An individual may place a wager under the pari-mutuel |
system from
any licensed location authorized under this Act |
provided that wager is
electronically recorded in the manner |
described in Section 3.12 of this Act.
Any wager made |
electronically by an individual while physically on the |
premises
of a licensee shall be deemed to have been made at the |
premises of that
licensee.
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(c) Until January 1, 2000, the sum held by any licensee for |
payment of
outstanding pari-mutuel tickets, if unclaimed prior |
to December 31 of the
next year, shall be retained by the |
licensee for payment of
such tickets until that date. Within 10 |
days thereafter, the balance of
such sum remaining unclaimed, |
less any uncashed supplements contributed by such
licensee for |
the purpose of guaranteeing minimum distributions
of any |
pari-mutuel pool, shall be
paid to the
Illinois
Veterans'
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Rehabilitation Fund of the State treasury, except as provided |
in subsection
(g) of Section 27 of this Act.
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(c-5) Beginning January 1, 2000, the sum held by any |
licensee for payment
of
outstanding pari-mutuel tickets, if |
unclaimed prior to December 31 of the
next year, shall be |
retained by the licensee for payment of
such tickets until that |
date. Within 10 days thereafter, the balance of
such sum |
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remaining unclaimed, less any uncashed supplements contributed |
by such
licensee for the purpose of guaranteeing minimum |
distributions
of any pari-mutuel pool, shall be evenly |
distributed to the purse account of
the organization licensee |
and the organization licensee.
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(d) A pari-mutuel ticket shall be honored until December 31 |
of the
next calendar year, and the licensee shall pay the same |
and may
charge the amount thereof against unpaid money |
similarly accumulated on account
of pari-mutuel tickets not |
presented for payment.
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(e) No licensee shall knowingly permit any minor, other
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than an employee of such licensee or an owner, trainer,
jockey, |
driver, or employee thereof, to be admitted during a racing
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program unless accompanied by a parent or guardian, or any |
minor to be a
patron of the pari-mutuel system of wagering |
conducted or
supervised by it. The admission of any |
unaccompanied minor, other than
an employee of the licensee or |
an owner, trainer, jockey,
driver, or employee thereof at a |
race track is a Class C
misdemeanor.
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(f) Notwithstanding the other provisions of this Act, an
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organization licensee may contract
with an entity in another |
state or country to permit any legal
wagering entity in another |
state or country to accept wagers solely within
such other |
state or country on races conducted by the organization |
licensee
in this State.
Beginning January 1, 2000, these wagers
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shall not be subject to State
taxation. Until January 1, 2000,
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when the out-of-State entity conducts a pari-mutuel pool
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separate from the organization licensee, a privilege tax equal |
to 7 1/2% of
all monies received by the organization licensee |
from entities in other states
or countries pursuant to such |
contracts is imposed on the organization
licensee, and such |
privilege tax shall be remitted to the
Department of Revenue
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within 48 hours of receipt of the moneys from the simulcast. |
When the
out-of-State entity conducts a
combined pari-mutuel |
pool with the organization licensee, the tax shall be 10%
of |
all monies received by the organization licensee with 25% of |
the
receipts from this 10% tax to be distributed to the county
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in which the race was conducted.
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An organization licensee may permit one or more of its |
races to be
utilized for
pari-mutuel wagering at one or more |
locations in other states and may
transmit audio and visual |
signals of races the organization licensee
conducts to one or
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more locations outside the State or country and may also permit |
pari-mutuel
pools in other states or countries to be combined |
with its gross or net
wagering pools or with wagering pools |
established by other states.
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(g) A host track may accept interstate simulcast wagers on
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horse
races conducted in other states or countries and shall |
control the
number of signals and types of breeds of racing in |
its simulcast program,
subject to the disapproval of the Board. |
The Board may prohibit a simulcast
program only if it finds |
that the simulcast program is clearly
adverse to the integrity |
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of racing. The host track
simulcast program shall
include the |
signal of live racing of all organization licensees.
All |
non-host licensees and advance deposit wagering licensees |
shall carry the signal of and accept wagers on live racing of |
all organization licensees. Advance deposit wagering licensees |
shall not be permitted to accept out-of-state wagers on any |
Illinois signal provided pursuant to this Section without the |
approval and consent of the organization licensee providing the |
signal. For one year after the effective date of this |
amendatory Act of the 98th General Assembly, non-host licensees |
may carry the host track simulcast program and
shall accept |
wagers on all races included as part of the simulcast
program |
of horse races conducted at race tracks located within North |
America upon which wagering is permitted. For a period of one |
year after the effective date of this amendatory Act of the |
98th General Assembly, on horse races conducted at race tracks |
located outside of North America, non-host licensees may accept |
wagers on all races included as part of the simulcast program |
upon which wagering is permitted. Beginning one year after the |
effective date of this amendatory Act of the 98th General |
Assembly, non-host licensees may carry the host track simulcast |
program and shall accept wagers on all races included as part |
of the simulcast program upon which wagering is permitted.
All |
organization licensees shall provide their live signal to all |
advance deposit wagering licensees for a simulcast commission |
fee not to exceed 6% of the advance deposit wagering licensee's |
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Illinois handle on the organization licensee's signal without |
prior approval by the Board. The Board may adopt rules under |
which it may permit simulcast commission fees in excess of 6%. |
The Board shall adopt rules limiting the interstate commission |
fees charged to an advance deposit wagering licensee. The Board |
shall adopt rules regarding advance deposit wagering on |
interstate simulcast races that shall reflect, among other |
things, the General Assembly's desire to maximize revenues to |
the State, horsemen purses, and organizational licensees. |
However, organization licensees providing live signals |
pursuant to the requirements of this subsection (g) may |
petition the Board to withhold their live signals from an |
advance deposit wagering licensee if the organization licensee |
discovers and the Board finds reputable or credible information |
that the advance deposit wagering licensee is under |
investigation by another state or federal governmental agency, |
the advance deposit wagering licensee's license has been |
suspended in another state, or the advance deposit wagering |
licensee's license is in revocation proceedings in another |
state. The organization licensee's provision of their live |
signal to an advance deposit wagering licensee under this |
subsection (g) pertains to wagers placed from within Illinois. |
Advance deposit wagering licensees may place advance deposit |
wagering terminals at wagering facilities as a convenience to |
customers. The advance deposit wagering licensee shall not |
charge or collect any fee from purses for the placement of the |
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advance deposit wagering terminals. The costs and expenses
of |
the host track and non-host licensees associated
with |
interstate simulcast
wagering, other than the interstate
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commission fee, shall be borne by the host track and all
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non-host licensees
incurring these costs.
The interstate |
commission fee shall not exceed 5% of Illinois handle on the
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interstate simulcast race or races without prior approval of |
the Board. The
Board shall promulgate rules under which it may |
permit
interstate commission
fees in excess of 5%. The |
interstate commission
fee and other fees charged by the sending |
racetrack, including, but not
limited to, satellite decoder |
fees, shall be uniformly applied
to the host track and all |
non-host licensees.
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Notwithstanding any other provision of this Act, until |
February 1, 2017, an organization licensee, with the consent of |
the horsemen association representing the largest number of |
owners, trainers, jockeys, or standardbred drivers who race |
horses at that organization licensee's racing meeting, may |
maintain a system whereby advance deposit wagering may take |
place or an organization licensee, with the consent of the |
horsemen association representing the largest number of |
owners, trainers, jockeys, or standardbred drivers who race |
horses at that organization licensee's racing meeting, may |
contract with another person to carry out a system of advance |
deposit wagering. Such consent may not be unreasonably |
withheld. Only with respect to an appeal to the Board that |
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consent for an organization licensee that maintains its own |
advance deposit wagering system is being unreasonably |
withheld, the Board shall issue a final order within 30 days |
after initiation of the appeal, and the organization licensee's |
advance deposit wagering system may remain operational during |
that 30-day period. The actions of any organization licensee |
who conducts advance deposit wagering or any person who has a |
contract with an organization licensee to conduct advance |
deposit wagering who conducts advance deposit wagering on or |
after January 1, 2013 and prior to the effective date of this |
amendatory Act of the 98th General Assembly taken in reliance |
on the changes made to this subsection (g) by this amendatory |
Act of the 98th General Assembly are hereby validated, provided |
payment of all applicable pari-mutuel taxes are remitted to the |
Board. All advance deposit wagers placed from within Illinois |
must be placed through a Board-approved advance deposit |
wagering licensee; no other entity may accept an advance |
deposit wager from a person within Illinois. All advance |
deposit wagering is subject to any rules adopted by the Board. |
The Board may adopt rules necessary to regulate advance deposit |
wagering through the use of emergency rulemaking in accordance |
with Section 5-45 of the Illinois Administrative Procedure Act. |
The General Assembly finds that the adoption of rules to |
regulate advance deposit wagering is deemed an emergency and |
necessary for the public interest, safety, and welfare. An |
advance deposit wagering licensee may retain all moneys as |
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agreed to by contract with an organization licensee. Any moneys |
retained by the organization licensee from advance deposit |
wagering, not including moneys retained by the advance deposit |
wagering licensee, shall be paid 50% to the organization |
licensee's purse account and 50% to the organization licensee. |
With the exception of any organization licensee that is owned |
by a publicly traded company that is incorporated in a state |
other than Illinois and advance deposit wagering licensees |
under contract with such organization licensees, organization |
licensees that maintain advance deposit wagering systems and |
advance deposit wagering licensees that contract with |
organization licensees shall provide sufficiently detailed |
monthly accountings to the horsemen association representing |
the largest number of owners, trainers, jockeys, or |
standardbred drivers who race horses at that organization |
licensee's racing meeting so that the horsemen association, as |
an interested party, can confirm the accuracy of the amounts |
paid to the purse account at the horsemen association's |
affiliated organization licensee from advance deposit |
wagering. If more than one breed races at the same race track |
facility, then the 50% of the moneys to be paid to an |
organization licensee's purse account shall be allocated among |
all organization licensees' purse accounts operating at that |
race track facility proportionately based on the actual number |
of host days that the Board grants to that breed at that race |
track facility in the current calendar year. To the extent any |
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fees from advance deposit wagering conducted in Illinois for |
wagers in Illinois or other states have been placed in escrow |
or otherwise withheld from wagers pending a determination of |
the legality of advance deposit wagering, no action shall be |
brought to declare such wagers or the disbursement of any fees |
previously escrowed illegal. |
(1) Between the hours of 6:30 a.m. and 6:30 p.m. an
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intertrack wagering
licensee other than the host track may |
supplement the host track simulcast
program with |
additional simulcast races or race programs, provided that |
between
January 1 and the third Friday in February of any |
year, inclusive, if no live
thoroughbred racing is |
occurring in Illinois during this period, only
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thoroughbred races may be used
for supplemental interstate |
simulcast purposes. The Board shall withhold
approval for a |
supplemental interstate simulcast only if it finds that the
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simulcast is clearly adverse to the integrity of racing. A |
supplemental
interstate simulcast may be transmitted from |
an intertrack wagering licensee to
its affiliated non-host |
licensees. The interstate commission fee for a
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supplemental interstate simulcast shall be paid by the |
non-host licensee and
its affiliated non-host licensees |
receiving the simulcast.
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(2) Between the hours of 6:30 p.m. and 6:30 a.m. an
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intertrack wagering
licensee other than the host track may |
receive supplemental interstate
simulcasts only with the |
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consent of the host track, except when the Board
finds that |
the simulcast is
clearly adverse to the integrity of |
racing. Consent granted under this
paragraph (2) to any |
intertrack wagering licensee shall be deemed consent to
all |
non-host licensees. The interstate commission fee for the |
supplemental
interstate simulcast shall be paid
by all |
participating non-host licensees.
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(3) Each licensee conducting interstate simulcast |
wagering may retain,
subject to the payment of all |
applicable taxes and the purses, an amount not to
exceed |
17% of all money wagered. If any licensee conducts the |
pari-mutuel
system wagering on races conducted at |
racetracks in another state or country,
each such race or |
race program shall be considered a separate racing day for
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the purpose of determining the daily handle and computing |
the privilege tax of
that daily handle as provided in |
subsection (a) of Section 27.
Until January 1, 2000,
from |
the sums permitted to be retained pursuant to this |
subsection, each
intertrack wagering location licensee |
shall pay 1% of the pari-mutuel handle
wagered on simulcast |
wagering to the Horse Racing Tax Allocation Fund, subject
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to the provisions of subparagraph (B) of paragraph (11) of |
subsection (h) of
Section 26 of this Act.
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(4) A licensee who receives an interstate simulcast may |
combine its gross
or net pools with pools at the sending |
racetracks pursuant to rules established
by the Board. All |
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licensees combining their gross pools
at a
sending |
racetrack shall adopt the take-out percentages of the |
sending
racetrack.
A licensee may also establish a separate |
pool and takeout structure for
wagering purposes on races |
conducted at race tracks outside of the
State of Illinois. |
The licensee may permit pari-mutuel wagers placed in other
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states or
countries to be combined with its gross or net |
wagering pools or other
wagering pools.
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(5) After the payment of the interstate commission fee |
(except for the
interstate commission
fee on a supplemental |
interstate simulcast, which shall be paid by the host
track |
and by each non-host licensee through the host-track) and |
all applicable
State and local
taxes, except as provided in |
subsection (g) of Section 27 of this Act, the
remainder of |
moneys retained from simulcast wagering pursuant to this
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subsection (g), and Section 26.2 shall be divided as |
follows:
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(A) For interstate simulcast wagers made at a host |
track, 50% to the
host
track and 50% to purses at the |
host track.
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(B) For wagers placed on interstate simulcast |
races, supplemental
simulcasts as defined in |
subparagraphs (1) and (2), and separately pooled races
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conducted outside of the State of Illinois made at a |
non-host
licensee, 25% to the host
track, 25% to the |
non-host licensee, and 50% to the purses at the host |
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track.
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(6) Notwithstanding any provision in this Act to the |
contrary, non-host
licensees
who derive their licenses |
from a track located in a county with a population in
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excess of 230,000 and that borders the Mississippi River |
may receive
supplemental interstate simulcast races at all |
times subject to Board approval,
which shall be withheld |
only upon a finding that a supplemental interstate
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simulcast is clearly adverse to the integrity of racing.
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(7) Notwithstanding any provision of this Act to the |
contrary, after
payment of all applicable State and local |
taxes and interstate commission fees,
non-host licensees |
who derive their licenses from a track located in a county
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with a population in excess of 230,000 and that borders the |
Mississippi River
shall retain 50% of the retention from |
interstate simulcast wagers and shall
pay 50% to purses at |
the track from which the non-host licensee derives its
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license as follows:
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(A) Between January 1 and the third Friday in |
February, inclusive, if no
live thoroughbred racing is |
occurring in Illinois during this period, when the
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interstate simulcast is a standardbred race, the purse |
share to its
standardbred purse account;
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(B) Between January 1 and the third Friday in |
February, inclusive, if no
live thoroughbred racing is |
occurring in Illinois during this period, and the
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interstate simulcast is a thoroughbred race, the purse |
share to its interstate
simulcast purse pool to be |
distributed under paragraph (10) of this subsection
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(g);
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(C) Between January 1 and the third Friday in |
February, inclusive, if
live thoroughbred racing is |
occurring in Illinois, between 6:30 a.m. and 6:30
p.m. |
the purse share from wagers made during this time |
period to its
thoroughbred purse account and between |
6:30 p.m. and 6:30 a.m. the purse share
from wagers |
made during this time period to its standardbred purse |
accounts;
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(D) Between the third Saturday in February and |
December 31, when the
interstate simulcast occurs |
between the hours of 6:30 a.m. and 6:30 p.m., the
purse |
share to its thoroughbred purse account;
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(E) Between the third Saturday in February and |
December 31, when the
interstate simulcast occurs |
between the hours of 6:30 p.m. and 6:30 a.m., the
purse |
share to its standardbred purse account.
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(7.1) Notwithstanding any other provision of this Act |
to the contrary,
if
no
standardbred racing is conducted at |
a racetrack located in Madison County
during any
calendar |
year beginning on or after January 1, 2002, all
moneys |
derived by
that racetrack from simulcast wagering and |
inter-track wagering that (1) are to
be used
for purses and |
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(2) are generated between the hours of 6:30 p.m. and 6:30 |
a.m.
during that
calendar year shall
be paid as follows:
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(A) If the licensee that conducts horse racing at |
that racetrack
requests from the Board at least as many |
racing dates as were conducted in
calendar year 2000, |
80% shall be paid to its thoroughbred purse account; |
and
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(B) Twenty percent shall be deposited into the |
Illinois Colt Stakes
Purse
Distribution
Fund and shall |
be paid to purses for standardbred races for Illinois |
conceived
and foaled horses conducted at any county |
fairgrounds.
The moneys deposited into the Fund |
pursuant to this subparagraph (B) shall be
deposited
|
within 2
weeks after the day they were generated, shall |
be in addition to and not in
lieu of any other
moneys |
paid to standardbred purses under this Act, and shall |
not be commingled
with other moneys paid into that |
Fund. The moneys deposited
pursuant to this |
subparagraph (B) shall be allocated as provided by the
|
Department of Agriculture, with the advice and |
assistance of the Illinois
Standardbred
Breeders Fund |
Advisory Board.
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(7.2) Notwithstanding any other provision of this Act |
to the contrary, if
no
thoroughbred racing is conducted at |
a racetrack located in Madison County
during any
calendar |
year beginning on or after January 1,
2002, all
moneys |
|
derived by
that racetrack from simulcast wagering and |
inter-track wagering that (1) are to
be used
for purses and |
(2) are generated between the hours of 6:30 a.m. and 6:30 |
p.m.
during that
calendar year shall
be deposited as |
follows:
|
(A) If the licensee that conducts horse racing at |
that racetrack
requests from the
Board at least
as many |
racing dates as were conducted in calendar year 2000, |
80%
shall be deposited into its standardbred purse
|
account; and
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(B) Twenty percent shall be deposited into the |
Illinois Colt Stakes
Purse
Distribution Fund. Moneys |
deposited into the Illinois Colt Stakes Purse
|
Distribution Fund
pursuant to this subparagraph (B) |
shall be paid to Illinois
conceived and foaled |
thoroughbred breeders' programs
and to thoroughbred |
purses for races conducted at any county fairgrounds |
for
Illinois conceived
and foaled horses at the |
discretion of the
Department of Agriculture, with the |
advice and assistance of
the Illinois Thoroughbred |
Breeders Fund Advisory
Board. The moneys deposited |
into the Illinois Colt Stakes Purse Distribution
Fund
|
pursuant to this subparagraph (B) shall be deposited |
within 2 weeks
after the day they were generated, shall |
be in addition to and not in
lieu of any other moneys |
paid to thoroughbred purses
under this Act, and shall |
|
not be commingled with other moneys deposited into
that |
Fund.
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(7.3) If no live standardbred racing is conducted at a |
racetrack located
in
Madison
County in calendar year 2000 |
or 2001,
an organization licensee who is licensed
to |
conduct horse racing at that racetrack shall, before |
January 1, 2002, pay
all
moneys derived from simulcast |
wagering and inter-track wagering in calendar
years 2000 |
and 2001 and
paid into the licensee's standardbred purse |
account as follows:
|
(A) Eighty percent to that licensee's thoroughbred |
purse account to
be used for thoroughbred purses; and
|
(B) Twenty percent to the Illinois Colt Stakes |
Purse Distribution
Fund.
|
Failure to make the payment to the Illinois Colt Stakes |
Purse Distribution
Fund before January 1, 2002
shall
result |
in the immediate revocation of the licensee's organization
|
license, inter-track wagering license, and inter-track |
wagering location
license.
|
Moneys paid into the Illinois
Colt Stakes Purse |
Distribution Fund pursuant to this
paragraph (7.3) shall be |
paid to purses for standardbred
races for Illinois |
conceived and foaled horses conducted
at any county
|
fairgrounds.
Moneys paid into the Illinois
Colt Stakes |
Purse Distribution Fund pursuant to this
paragraph (7.3) |
shall be used as determined by the
Department of |
|
Agriculture, with the advice and assistance of the
Illinois |
Standardbred Breeders Fund Advisory Board, shall be in |
addition to
and not in lieu of any other moneys paid to |
standardbred purses under this Act,
and shall not be |
commingled
with any other moneys paid into that Fund.
|
(7.4) If live standardbred racing is conducted at a |
racetrack located in
Madison
County at any time in calendar |
year 2001 before the payment required
under
paragraph (7.3) |
has been made, the organization licensee who is licensed to
|
conduct
racing at that racetrack shall pay all moneys |
derived by that racetrack from
simulcast
wagering and |
inter-track wagering during calendar years 2000 and 2001 |
that (1)
are to be
used for purses and (2) are generated |
between the hours of 6:30 p.m. and 6:30
a.m.
during 2000 or |
2001 to the standardbred purse account at that
racetrack to
|
be used for standardbred purses.
|
(8) Notwithstanding any provision in this Act to the |
contrary, an
organization licensee from a track located in |
a county with a population in
excess of 230,000 and that |
borders the Mississippi River and its affiliated
non-host |
licensees shall not be entitled to share in any retention |
generated on
racing, inter-track wagering, or simulcast |
wagering at any other Illinois
wagering facility.
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(8.1) Notwithstanding any provisions in this Act to the |
contrary, if 2
organization licensees
are conducting |
standardbred race meetings concurrently
between the hours |
|
of 6:30 p.m. and 6:30 a.m., after payment of all applicable
|
State and local taxes and interstate commission fees, the |
remainder of the
amount retained from simulcast wagering |
otherwise attributable to the host
track and to host track |
purses shall be split daily between the 2
organization |
licensees and the purses at the tracks of the 2 |
organization
licensees, respectively, based on each |
organization licensee's share
of the total live handle for |
that day,
provided that this provision shall not apply to |
any non-host licensee that
derives its license from a track |
located in a county with a population in
excess of 230,000 |
and that borders the Mississippi River.
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(9) (Blank).
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(10) (Blank).
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(11) (Blank).
|
(12) The Board shall have authority to compel all host |
tracks to receive
the simulcast of any or all races |
conducted at the Springfield or DuQuoin State
fairgrounds |
and include all such races as part of their simulcast |
programs.
|
(13) Notwithstanding any other provision of this Act, |
in the event that
the total Illinois pari-mutuel handle on |
Illinois horse races at all wagering
facilities in any |
calendar year is less than 75% of the total Illinois
|
pari-mutuel handle on Illinois horse races at all such |
wagering facilities for
calendar year 1994, then each |
|
wagering facility that has an annual total
Illinois |
pari-mutuel handle on Illinois horse races that is less |
than 75% of
the total Illinois pari-mutuel handle on |
Illinois horse races at such wagering
facility for calendar |
year 1994, shall be permitted to receive, from any amount
|
otherwise
payable to the purse account at the race track |
with which the wagering facility
is affiliated in the |
succeeding calendar year, an amount equal to 2% of the
|
differential in total Illinois pari-mutuel handle on |
Illinois horse
races at the wagering facility between that |
calendar year in question and 1994
provided, however, that |
a
wagering facility shall not be entitled to any such |
payment until the Board
certifies in writing to the |
wagering facility the amount to which the wagering
facility |
is entitled
and a schedule for payment of the amount to the |
wagering facility, based on:
(i) the racing dates awarded |
to the race track affiliated with the wagering
facility |
during the succeeding year; (ii) the sums available or |
anticipated to
be available in the purse account of the |
race track affiliated with the
wagering facility for purses |
during the succeeding year; and (iii) the need to
ensure |
reasonable purse levels during the payment period.
The |
Board's certification
shall be provided no later than |
January 31 of the succeeding year.
In the event a wagering |
facility entitled to a payment under this paragraph
(13) is |
affiliated with a race track that maintains purse accounts |
|
for both
standardbred and thoroughbred racing, the amount |
to be paid to the wagering
facility shall be divided |
between each purse account pro rata, based on the
amount of |
Illinois handle on Illinois standardbred and thoroughbred |
racing
respectively at the wagering facility during the |
previous calendar year.
Annually, the General Assembly |
shall appropriate sufficient funds from the
General |
Revenue Fund to the Department of Agriculture for payment |
into the
thoroughbred and standardbred horse racing purse |
accounts at
Illinois pari-mutuel tracks. The amount paid to |
each purse account shall be
the amount certified by the |
Illinois Racing Board in January to be
transferred from |
each account to each eligible racing facility in
accordance |
with the provisions of this Section.
|
(h) The Board may approve and license the conduct of |
inter-track wagering
and simulcast wagering by inter-track |
wagering licensees and inter-track
wagering location licensees |
subject to the following terms and conditions:
|
(1) Any person licensed to conduct a race meeting (i) |
at a track where
60 or more days of racing were conducted |
during the immediately preceding
calendar year or where |
over the 5 immediately preceding calendar years an
average |
of 30 or more days of racing were conducted annually may be |
issued an
inter-track wagering license; (ii) at a track
|
located in a county that is bounded by the Mississippi |
River, which has a
population of less than 150,000 |
|
according to the 1990 decennial census, and an
average of |
at least 60 days of racing per year between 1985 and 1993 |
may be
issued an inter-track wagering license; or (iii) at |
a track
located in Madison
County that conducted at least |
100 days of live racing during the immediately
preceding
|
calendar year may be issued an inter-track wagering |
license, unless a lesser
schedule of
live racing is the |
result of (A) weather, unsafe track conditions, or other
|
acts of God; (B)
an agreement between the organization |
licensee and the associations
representing the
largest |
number of owners, trainers, jockeys, or standardbred |
drivers who race
horses at
that organization licensee's |
racing meeting; or (C) a finding by the Board of
|
extraordinary circumstances and that it was in the best |
interest of the public
and the sport to conduct fewer than |
100 days of live racing. Any such person
having operating |
control of the racing facility may also receive up to 6
|
inter-track wagering
location licenses. An In no event |
shall more than 6 inter-track wagering
locations be |
established for each eligible race track, except that an
|
eligible race track located in a county that has a |
population of more than
230,000 and that is bounded by the |
Mississippi River may establish up to 9 7
inter-track |
wagering locations and an eligible race track located in |
Stickney Township in Cook County may establish up to 16 8 |
inter-track wagering locations and an eligible race track |
|
located in Palatine Township in Cook County may establish |
up to 18 inter-track wagering locations .
An application for
|
said license shall be filed with the Board prior to such |
dates as may be
fixed by the Board. With an application for |
an inter-track
wagering
location license there shall be |
delivered to the Board a certified check or
bank draft |
payable to the order of the Board for an amount equal to |
$500.
The application shall be on forms prescribed and |
furnished by the Board. The
application shall comply with |
all other rules,
regulations and conditions imposed by the |
Board in connection therewith.
|
(2) The Board shall examine the applications with |
respect to their
conformity with this Act and the rules and |
regulations imposed by the
Board. If found to be in |
compliance with the Act and rules and regulations
of the |
Board, the Board may then issue a license to conduct |
inter-track
wagering and simulcast wagering to such |
applicant. All such applications
shall be acted upon by the |
Board at a meeting to be held on such date as may be
fixed |
by the Board.
|
(3) In granting licenses to conduct inter-track |
wagering and simulcast
wagering, the Board shall give due |
consideration to
the best interests of the
public, of horse |
racing, and of maximizing revenue to the State.
|
(4) Prior to the issuance of a license to conduct |
inter-track wagering
and simulcast wagering,
the applicant |
|
shall file with the Board a bond payable to the State of |
Illinois
in the sum of $50,000, executed by the applicant |
and a surety company or
companies authorized to do business |
in this State, and conditioned upon
(i) the payment by the |
licensee of all taxes due under Section 27 or 27.1
and any |
other monies due and payable under this Act, and (ii)
|
distribution by the licensee, upon presentation of the |
winning ticket or
tickets, of all sums payable to the |
patrons of pari-mutuel pools.
|
(5) Each license to conduct inter-track wagering and |
simulcast
wagering shall specify the person
to whom it is |
issued, the dates on which such wagering is permitted, and
|
the track or location where the wagering is to be |
conducted.
|
(6) All wagering under such license is subject to this |
Act and to the
rules and regulations from time to time |
prescribed by the Board, and every
such license issued by |
the Board shall contain a recital to that effect.
|
(7) An inter-track wagering licensee or inter-track |
wagering location
licensee may accept wagers at the track |
or location
where it is licensed, or as otherwise provided |
under this Act.
|
(8) Inter-track wagering or simulcast wagering shall |
not be
conducted
at any track less than 5 miles from a |
track at which a racing meeting is in
progress.
|
(8.1) Inter-track wagering location
licensees who |
|
derive their licenses from a particular organization |
licensee
shall conduct inter-track wagering and simulcast |
wagering only at locations that
are within 160 140 miles of |
that race track
where
the particular organization licensee |
is licensed to conduct racing. However, inter-track |
wagering and simulcast wagering
shall not
be conducted by |
those licensees at any location within 5 miles of any race
|
track at which a
horse race meeting has been licensed in |
the current year, unless the person
having operating |
control of such race track has given its written consent
to |
such inter-track wagering location licensees,
which |
consent
must be filed with the Board at or prior to the |
time application is made. In the case of any inter-track |
wagering location licensee initially licensed after |
December 31, 2013, inter-track wagering and simulcast |
wagering shall not be conducted by those inter-track |
wagering location licensees that are located outside the |
City of Chicago at any location within 8 miles of any race |
track at which a horse race meeting has been licensed in |
the current year, unless the person having operating |
control of such race track has given its written consent to |
such inter-track wagering location licensees, which |
consent must be filed with the Board at or prior to the |
time application is made.
|
(8.2) Inter-track wagering or simulcast wagering shall |
not be
conducted by an inter-track
wagering location |
|
licensee at any location within 500 feet of an
existing
|
church or existing school, nor within 500 feet of the |
residences
of more than 50 registered voters without
|
receiving written permission from a majority of the |
registered
voters at such residences.
Such written |
permission statements shall be filed with the Board. The
|
distance of 500 feet shall be measured to the nearest part |
of any
building
used for worship services, education |
programs, residential purposes, or
conducting inter-track |
wagering by an inter-track wagering location
licensee, and |
not to property boundaries. However, inter-track wagering |
or
simulcast wagering may be conducted at a site within 500 |
feet of
a church, school or residences
of 50 or more |
registered voters if such church, school
or residences have |
been erected
or established, or such voters have been |
registered, after
the Board issues
the original |
inter-track wagering location license at the site in |
question.
Inter-track wagering location licensees may |
conduct inter-track wagering
and simulcast wagering only |
in areas that are zoned for
commercial or manufacturing |
purposes or
in areas for which a special use has been |
approved by the local zoning
authority. However, no license |
to conduct inter-track wagering and simulcast
wagering |
shall be
granted by the Board with respect to any |
inter-track wagering location
within the jurisdiction of |
any local zoning authority which has, by
ordinance or by |
|
resolution, prohibited the establishment of an inter-track
|
wagering location within its jurisdiction. However, |
inter-track wagering
and simulcast wagering may be |
conducted at a site if such ordinance or
resolution is |
enacted after
the Board licenses the original inter-track |
wagering location
licensee for the site in question.
|
(9) (Blank).
|
(10) An inter-track wagering licensee or an |
inter-track wagering
location licensee may retain, subject |
to the
payment of the privilege taxes and the purses, an |
amount not to
exceed 17% of all money wagered. Each program |
of racing conducted by
each inter-track wagering licensee |
or inter-track wagering location
licensee shall be |
considered a separate racing day for the purpose of
|
determining the daily handle and computing the privilege |
tax or pari-mutuel
tax on such daily
handle as provided in |
Section 27.
|
(10.1) Except as provided in subsection (g) of Section |
27 of this Act,
inter-track wagering location licensees |
shall pay 1% of the
pari-mutuel handle at each location to |
the municipality in which such
location is situated and 1% |
of the pari-mutuel handle at each location to
the county in |
which such location is situated. In the event that an
|
inter-track wagering location licensee is situated in an |
unincorporated
area of a county, such licensee shall pay 2% |
of the pari-mutuel handle from
such location to such |
|
county.
|
(10.2) Notwithstanding any other provision of this |
Act, with respect to
intertrack wagering at a race track |
located in a
county that has a population of
more than |
230,000 and that is bounded by the Mississippi River ("the |
first race
track"), or at a facility operated by an |
inter-track wagering licensee or
inter-track wagering |
location licensee that derives its license from the
|
organization licensee that operates the first race track, |
on races conducted at
the first race track or on races |
conducted at another Illinois race track
and |
simultaneously televised to the first race track or to a |
facility operated
by an inter-track wagering licensee or |
inter-track wagering location licensee
that derives its |
license from the organization licensee that operates the |
first
race track, those moneys shall be allocated as |
follows:
|
(A) That portion of all moneys wagered on |
standardbred racing that is
required under this Act to |
be paid to purses shall be paid to purses for
|
standardbred races.
|
(B) That portion of all moneys wagered on |
thoroughbred racing
that is required under this Act to |
be paid to purses shall be paid to purses
for |
thoroughbred races.
|
(11) (A) After payment of the privilege or pari-mutuel |
|
tax, any other
applicable
taxes, and
the costs and expenses |
in connection with the gathering, transmission, and
|
dissemination of all data necessary to the conduct of |
inter-track wagering,
the remainder of the monies retained |
under either Section 26 or Section 26.2
of this Act by the |
inter-track wagering licensee on inter-track wagering
|
shall be allocated with 50% to be split between the
2 |
participating licensees and 50% to purses, except
that an |
intertrack wagering licensee that derives its
license from |
a track located in a county with a population in excess of |
230,000
and that borders the Mississippi River shall not |
divide any remaining
retention with the Illinois |
organization licensee that provides the race or
races, and |
an intertrack wagering licensee that accepts wagers on |
races
conducted by an organization licensee that conducts a |
race meet in a county
with a population in excess of |
230,000 and that borders the Mississippi River
shall not |
divide any remaining retention with that organization |
licensee.
|
(B) From the
sums permitted to be retained pursuant to |
this Act each inter-track wagering
location licensee shall |
pay (i) the privilege or pari-mutuel tax to the
State; (ii) |
4.75% of the
pari-mutuel handle on intertrack wagering at |
such location on
races as purses, except that
an intertrack |
wagering location licensee that derives its license from a
|
track located in a county with a population in excess of |
|
230,000 and that
borders the Mississippi River shall retain |
all purse moneys for its own purse
account consistent with |
distribution set forth in this subsection (h), and
|
intertrack wagering location licensees that accept wagers |
on races
conducted
by an organization licensee located in a |
county with a population in excess of
230,000 and that |
borders the Mississippi River shall distribute all purse
|
moneys to purses at the operating host track; (iii) until |
January 1, 2000,
except as
provided in
subsection (g) of |
Section 27 of this Act, 1% of the
pari-mutuel handle |
wagered on inter-track wagering and simulcast wagering at
|
each inter-track wagering
location licensee facility to |
the Horse Racing Tax Allocation Fund, provided
that, to the |
extent the total amount collected and distributed to the |
Horse
Racing Tax Allocation Fund under this subsection (h) |
during any calendar year
exceeds the amount collected and |
distributed to the Horse Racing Tax Allocation
Fund during |
calendar year 1994, that excess amount shall be |
redistributed (I)
to all inter-track wagering location |
licensees, based on each licensee's
pro-rata share of the |
total handle from inter-track wagering and simulcast
|
wagering for all inter-track wagering location licensees |
during the calendar
year in which this provision is |
applicable; then (II) the amounts redistributed
to each |
inter-track wagering location licensee as described in |
subpart (I)
shall be further redistributed as provided in |
|
subparagraph (B) of paragraph (5)
of subsection (g) of this |
Section 26 provided first, that the shares of those
|
amounts, which are to be redistributed to the host track or |
to purses at the
host track under subparagraph (B) of |
paragraph (5) of subsection (g) of this
Section 26 shall be
|
redistributed based on each host track's pro rata share of |
the total
inter-track
wagering and simulcast wagering |
handle at all host tracks during the calendar
year in |
question, and second, that any amounts redistributed as |
described in
part (I) to an inter-track wagering location |
licensee that accepts
wagers on races conducted by an |
organization licensee that conducts a race meet
in a county |
with a population in excess of 230,000 and that borders the
|
Mississippi River shall be further redistributed as |
provided in subparagraphs
(D) and (E) of paragraph (7) of |
subsection (g) of this Section 26, with the
portion of that
|
further redistribution allocated to purses at that |
organization licensee to be
divided between standardbred |
purses and thoroughbred purses based on the
amounts |
otherwise allocated to purses at that organization |
licensee during the
calendar year in question; and (iv) 8% |
of the pari-mutuel handle on
inter-track wagering wagered |
at
such location to satisfy all costs and expenses of |
conducting its wagering. The
remainder of the monies |
retained by the inter-track wagering location licensee
|
shall be allocated 40% to the location licensee and 60% to |
|
the organization
licensee which provides the Illinois |
races to the location, except that an
intertrack wagering |
location
licensee that derives its license from a track |
located in a county with a
population in excess of 230,000 |
and that borders the Mississippi River shall
not divide any |
remaining retention with the organization licensee that |
provides
the race or races and an intertrack wagering |
location licensee that accepts
wagers on races conducted by |
an organization licensee that conducts a race meet
in a |
county with a population in excess of 230,000 and that |
borders the
Mississippi River shall not divide any |
remaining retention with the
organization licensee.
|
Notwithstanding the provisions of clauses (ii) and (iv) of |
this
paragraph, in the case of the additional inter-track |
wagering location licenses
authorized under paragraph (1) |
of this subsection (h) by this amendatory
Act of 1991, |
those licensees shall pay the following amounts as purses:
|
during the first 12 months the licensee is in operation, |
5.25% of
the
pari-mutuel handle wagered at the location on |
races; during the second 12
months, 5.25%; during the third |
12 months, 5.75%;
during
the fourth 12 months,
6.25%; and |
during the fifth 12 months and thereafter, 6.75%. The
|
following amounts shall be retained by the licensee to |
satisfy all costs
and expenses of conducting its wagering: |
during the first 12 months the
licensee is in operation, |
8.25% of the pari-mutuel handle wagered
at the
location; |
|
during the second 12 months, 8.25%; during the third 12
|
months, 7.75%;
during the fourth 12 months, 7.25%; and |
during the fifth 12 months
and
thereafter, 6.75%.
For |
additional intertrack wagering location licensees |
authorized under this
amendatory
Act of 1995, purses for |
the first 12 months the licensee is in operation shall
be |
5.75% of the pari-mutuel wagered
at the location, purses |
for the second 12 months the licensee is in operation
shall |
be 6.25%, and purses
thereafter shall be 6.75%. For |
additional intertrack location
licensees
authorized under
|
this amendatory Act of 1995, the licensee shall be allowed |
to retain to satisfy
all costs and expenses: 7.75% of the |
pari-mutuel handle wagered at
the location
during its first |
12 months of operation, 7.25% during its second
12
months |
of
operation, and 6.75% thereafter.
|
(C) There is hereby created the Horse Racing Tax |
Allocation Fund
which shall remain in existence until |
December 31, 1999. Moneys
remaining in the Fund after |
December 31, 1999
shall be paid into the
General Revenue |
Fund. Until January 1, 2000,
all monies paid into the Horse |
Racing Tax Allocation Fund pursuant to this
paragraph (11) |
by inter-track wagering location licensees located in park
|
districts of 500,000 population or less, or in a |
municipality that is not
included within any park district |
but is included within a conservation
district and is the |
county seat of a county that (i) is contiguous to the state
|
|
of Indiana and (ii) has a 1990 population of 88,257 |
according to the United
States Bureau of the Census, and |
operating on May 1, 1994 shall be
allocated by |
appropriation as follows:
|
Two-sevenths to the Department of Agriculture. |
Fifty percent of
this two-sevenths shall be used to |
promote the Illinois horse racing and
breeding |
industry, and shall be distributed by the Department of |
Agriculture
upon the advice of a 9-member committee |
appointed by the Governor consisting of
the following |
members: the Director of Agriculture, who shall serve |
as
chairman; 2 representatives of organization |
licensees conducting thoroughbred
race meetings in |
this State, recommended by those licensees; 2 |
representatives
of organization licensees conducting |
standardbred race meetings in this State,
recommended |
by those licensees; a representative of the Illinois
|
Thoroughbred Breeders and Owners Foundation, |
recommended by that
Foundation; a representative of |
the Illinois Standardbred Owners and
Breeders |
Association, recommended
by that Association; a |
representative of
the Horsemen's Benevolent and |
Protective Association or any successor
organization |
thereto established in Illinois comprised of the |
largest number of
owners and trainers, recommended by |
that
Association or that successor organization; and a
|
|
representative of the Illinois Harness Horsemen's
|
Association, recommended by that Association. |
Committee members shall
serve for terms of 2 years, |
commencing January 1 of each even-numbered
year. If a |
representative of any of the above-named entities has |
not been
recommended by January 1 of any even-numbered |
year, the Governor shall
appoint a committee member to |
fill that position. Committee members shall
receive no |
compensation for their services as members but shall be
|
reimbursed for all actual and necessary expenses and |
disbursements incurred
in the performance of their |
official duties. The remaining 50% of this
|
two-sevenths shall be distributed to county fairs for |
premiums and
rehabilitation as set forth in the |
Agricultural Fair Act;
|
Four-sevenths to park districts or municipalities |
that do not have a
park district of 500,000 population |
or less for museum purposes (if an
inter-track wagering |
location licensee is located in such a park district) |
or
to conservation districts for museum purposes (if an |
inter-track wagering
location licensee is located in a |
municipality that is not included within any
park |
district but is included within a conservation |
district and is the county
seat of a county that (i) is |
contiguous to the state of Indiana and (ii) has a
1990 |
population of 88,257 according to the United States |
|
Bureau of the Census,
except that if the conservation |
district does not maintain a museum, the monies
shall |
be allocated equally between the county and the |
municipality in which the
inter-track wagering |
location licensee is located for general purposes) or |
to a
municipal recreation board for park purposes (if |
an inter-track wagering
location licensee is located |
in a municipality that is not included within any
park |
district and park maintenance is the function of the |
municipal recreation
board and the municipality has a |
1990 population of 9,302 according to the
United States |
Bureau of the Census); provided that the monies are |
distributed
to each park district or conservation |
district or municipality that does not
have a park |
district in an amount equal to four-sevenths of the |
amount
collected by each inter-track wagering location |
licensee within the park
district or conservation |
district or municipality for the Fund. Monies that
were |
paid into the Horse Racing Tax Allocation Fund before |
the effective date
of this amendatory Act of 1991 by an |
inter-track wagering location licensee
located in a |
municipality that is not included within any park |
district but is
included within a conservation |
district as provided in this paragraph shall, as
soon |
as practicable after the effective date of this |
amendatory Act of 1991, be
allocated and paid to that |
|
conservation district as provided in this paragraph.
|
Any park district or municipality not maintaining a |
museum may deposit the
monies in the corporate fund of |
the park district or municipality where the
|
inter-track wagering location is located, to be used |
for general purposes;
and
|
One-seventh to the Agricultural Premium Fund to be |
used for distribution
to agricultural home economics |
extension councils in accordance with "An
Act in |
relation to additional support and finances for the |
Agricultural and
Home Economic Extension Councils in |
the several counties of this State and
making an |
appropriation therefor", approved July 24, 1967.
|
Until January 1, 2000, all other
monies paid into the |
Horse Racing Tax
Allocation Fund pursuant to
this paragraph |
(11) shall be allocated by appropriation as follows:
|
Two-sevenths to the Department of Agriculture. |
Fifty percent of this
two-sevenths shall be used to |
promote the Illinois horse racing and breeding
|
industry, and shall be distributed by the Department of |
Agriculture upon the
advice of a 9-member committee |
appointed by the Governor consisting of the
following |
members: the Director of Agriculture, who shall serve |
as chairman; 2
representatives of organization |
licensees conducting thoroughbred race meetings
in |
this State, recommended by those licensees; 2 |
|
representatives of
organization licensees conducting |
standardbred race meetings in this State,
recommended |
by those licensees; a representative of the Illinois |
Thoroughbred
Breeders and Owners Foundation, |
recommended by that Foundation; a
representative of |
the Illinois Standardbred Owners and Breeders |
Association,
recommended by that Association; a |
representative of the Horsemen's Benevolent
and |
Protective Association or any successor organization |
thereto established
in Illinois comprised of the |
largest number of owners and trainers,
recommended by |
that Association or that successor organization; and a
|
representative of the Illinois Harness Horsemen's |
Association, recommended by
that Association. |
Committee members shall serve for terms of 2 years,
|
commencing January 1 of each even-numbered year. If a |
representative of any of
the above-named entities has |
not been recommended by January 1 of any
even-numbered |
year, the Governor shall appoint a committee member to |
fill that
position. Committee members shall receive no |
compensation for their services
as members but shall be |
reimbursed for all actual and necessary expenses and
|
disbursements incurred in the performance of their |
official duties. The
remaining 50% of this |
two-sevenths shall be distributed to county fairs for
|
premiums and rehabilitation as set forth in the |
|
Agricultural Fair Act;
|
Four-sevenths to museums and aquariums located in |
park districts of over
500,000 population; provided |
that the monies are distributed in accordance with
the |
previous year's distribution of the maintenance tax |
for such museums and
aquariums as provided in Section 2 |
of the Park District Aquarium and Museum
Act; and
|
One-seventh to the Agricultural Premium Fund to be |
used for distribution
to agricultural home economics |
extension councils in accordance with "An Act
in |
relation to additional support and finances for the |
Agricultural and
Home Economic Extension Councils in |
the several counties of this State and
making an |
appropriation therefor", approved July 24, 1967.
This |
subparagraph (C) shall be inoperative and of no force |
and effect on and
after January 1, 2000.
|
(D) Except as provided in paragraph (11) of this |
subsection (h),
with respect to purse allocation from |
intertrack wagering, the monies so
retained shall be |
divided as follows:
|
(i) If the inter-track wagering licensee, |
except an intertrack
wagering licensee that |
derives its license from an organization
licensee |
located in a county with a population in excess of |
230,000 and bounded
by the Mississippi River, is |
not conducting its own
race meeting during the same |
|
dates, then the entire purse allocation shall be
to |
purses at the track where the races wagered on are |
being conducted.
|
(ii) If the inter-track wagering licensee, |
except an intertrack
wagering licensee that |
derives its license from an organization
licensee |
located in a county with a population in excess of |
230,000 and bounded
by the Mississippi River, is |
also
conducting its own
race meeting during the |
same dates, then the purse allocation shall be as
|
follows: 50% to purses at the track where the races |
wagered on are
being conducted; 50% to purses at |
the track where the inter-track
wagering licensee |
is accepting such wagers.
|
(iii) If the inter-track wagering is being |
conducted by an inter-track
wagering location |
licensee, except an intertrack wagering location |
licensee
that derives its license from an |
organization licensee located in a
county with a |
population in excess of 230,000 and bounded by the |
Mississippi
River, the entire purse allocation for |
Illinois races shall
be to purses at the track |
where the race meeting being wagered on is being
|
held.
|
(12) The Board shall have all powers necessary and |
proper to fully
supervise and control the conduct of
|
|
inter-track wagering and simulcast
wagering by inter-track |
wagering licensees and inter-track wagering location
|
licensees, including, but not
limited to the following:
|
(A) The Board is vested with power to promulgate |
reasonable rules and
regulations for the purpose of |
administering the
conduct of this
wagering and to |
prescribe reasonable rules, regulations and conditions |
under
which such wagering shall be held and conducted. |
Such rules and regulations
are to provide for the |
prevention of practices detrimental to the public
|
interest and for
the best interests of said wagering |
and to impose penalties
for violations thereof.
|
(B) The Board, and any person or persons to whom it |
delegates this
power, is vested with the power to enter |
the
facilities of any licensee to determine whether |
there has been
compliance with the provisions of this |
Act and the rules and regulations
relating to the |
conduct of such wagering.
|
(C) The Board, and any person or persons to whom it |
delegates this
power, may eject or exclude from any |
licensee's facilities, any person whose
conduct or |
reputation
is such that his presence on such premises |
may, in the opinion of the Board,
call into the |
question the honesty and integrity of, or interfere |
with the
orderly conduct of such wagering; provided, |
however, that no person shall
be excluded or ejected |
|
from such premises solely on the grounds of race,
|
color, creed, national origin, ancestry, or sex.
|
(D) (Blank).
|
(E) The Board is vested with the power to appoint |
delegates to execute
any of the powers granted to it |
under this Section for the purpose of
administering |
this wagering and any
rules and
regulations
|
promulgated in accordance with this Act.
|
(F) The Board shall name and appoint a State |
director of this wagering
who shall be a representative |
of the Board and whose
duty it shall
be to supervise |
the conduct of inter-track wagering as may be provided |
for
by the rules and regulations of the Board; such |
rules and regulation shall
specify the method of |
appointment and the Director's powers, authority and
|
duties.
|
(G) The Board is vested with the power to impose |
civil penalties of up
to $5,000 against individuals and |
up to $10,000 against
licensees for each violation of |
any provision of
this Act relating to the conduct of |
this wagering, any
rules adopted
by the Board, any |
order of the Board or any other action which in the |
Board's
discretion, is a detriment or impediment to |
such wagering.
|
(13) The Department of Agriculture may enter into |
agreements with
licensees authorizing such licensees to |
|
conduct inter-track
wagering on races to be held at the |
licensed race meetings conducted by the
Department of |
Agriculture. Such
agreement shall specify the races of the |
Department of Agriculture's
licensed race meeting upon |
which the licensees will conduct wagering. In the
event |
that a licensee
conducts inter-track pari-mutuel wagering |
on races from the Illinois State Fair
or DuQuoin State Fair |
which are in addition to the licensee's previously
approved |
racing program, those races shall be considered a separate |
racing day
for the
purpose of determining the daily handle |
and computing the privilege or
pari-mutuel tax on
that |
daily handle as provided in Sections 27
and 27.1. Such
|
agreements shall be approved by the Board before such |
wagering may be
conducted. In determining whether to grant |
approval, the Board shall give
due consideration to the |
best interests of the public and of horse racing.
The |
provisions of paragraphs (1), (8), (8.1), and (8.2) of
|
subsection (h) of this
Section which are not specified in |
this paragraph (13) shall not apply to
licensed race |
meetings conducted by the Department of Agriculture at the
|
Illinois State Fair in Sangamon County or the DuQuoin State |
Fair in Perry
County, or to any wagering conducted on
those |
race meetings. |
(14) An inter-track wagering location license |
authorized by the Board in 2016 that is owned and operated |
by a race track in Rock Island County shall be transferred |
|
to a commonly owned race track in Cook County on the |
effective date of this amendatory Act of the 99th General |
Assembly. The licensee shall retain its status in relation |
to purse distribution under paragraph (11) of this |
subsection (h) following the transfer to the new entity. |
The pari-mutuel tax credit under Section 32.1 shall not be |
applied toward any pari-mutuel tax obligation of the |
inter-track wagering location licensee of the license that |
is transferred under this paragraph (14).
|
(i) Notwithstanding the other provisions of this Act, the |
conduct of
wagering at wagering facilities is authorized on all |
days, except as limited by
subsection (b) of Section 19 of this |
Act.
|
(Source: P.A. 97-1060, eff. 8-24-12; 98-18, eff. 6-7-13; |
98-624, eff. 1-29-14; 98-968, eff. 8-15-14.)
|
Section 5. The Raffles and Poker Runs Act is amended by |
changing Section 2 and by adding Section 9 as follows:
|
(230 ILCS 15/2) (from Ch. 85, par. 2302)
|
Sec. 2. Licensing. |
(a) The governing body of any county or municipality
within |
this State may establish a system for the licensing of |
organizations
to operate raffles. The governing bodies of a |
county and one or more
municipalities may, pursuant to a |
written contract, jointly establish a
system for the licensing |
|
of organizations to operate raffles within any
area of |
contiguous territory not contained within the corporate limits |
of a
municipality which is not a party to such contract. The |
governing bodies
of two or more adjacent counties or two or |
more adjacent municipalities
located within a county may, |
pursuant to a written contract, jointly
establish a system for |
the licensing of organizations to operate raffles
within the |
corporate limits of such counties or municipalities. The
|
licensing authority may establish special categories of |
licenses and
promulgate rules relating to the various |
categories. The licensing system
shall provide for limitations |
upon (1) the aggregate retail value of all
prizes or |
merchandise awarded by a licensee in a single raffle, (2) the
|
maximum retail value of each prize awarded by a licensee in a |
single raffle,
(3) the maximum price which may be charged for |
each raffle chance issued
or sold and (4) the maximum number of |
days during which chances may be issued
or sold. The licensing |
system may include a fee for each license in an
amount to be |
determined by the local governing body. Licenses issued |
pursuant
to this Act shall be valid for one raffle or for a |
specified number of
raffles to be conducted during a specified |
period not to exceed one year
and may be suspended or revoked
|
for any violation of this Act. A local governing body shall act |
on a license
application within 30 days from the date of |
application. Nothing in this
Act shall be construed to prohibit |
a county or municipality from adopting
rules or ordinances for |
|
the operation of raffles that are more restrictive
than |
provided for in this Act. Except for raffles organized by law |
enforcement agencies and statewide associations that represent |
law enforcement officials as provided in Section 9 of this Act, |
the The governing body of a municipality may
authorize the sale |
of raffle chances only within the borders of the
municipality. |
Except for raffles organized by law enforcement agencies and |
statewide associations that represent law enforcement |
officials as provided in Section 9, the The governing body of |
the county may authorize the sale of
raffle chances only in |
those areas which are both within the borders of the
county and |
outside the borders of any municipality.
|
(a-5) The governing body of any county within this State |
may establish a system for the licensing of organizations to |
operate poker runs. The governing bodies of 2 or more adjacent |
counties may, pursuant to a written contract, jointly establish |
a system for the licensing of organizations to operate poker |
runs within the corporate limits of such counties. The |
licensing authority may establish special categories of |
licenses and adopt rules relating to the various categories. |
The licensing system may include a fee not to exceed $25 for |
each license. Licenses issued pursuant to this Act shall be |
valid for one poker run or for a specified number of poker runs |
to be conducted during a specified period not to exceed one |
year and may be suspended or revoked for any violation of this |
Act. A local governing body shall act on a license application |
|
within 30 days after the date of application. |
(b) Licenses shall be issued only to bona fide religious, |
charitable,
labor, business, fraternal, educational or |
veterans' organizations that
operate without profit to their |
members and which have been in existence
continuously for a |
period of 5 years immediately before making application
for a |
license and which have had during that entire 5 year period a |
bona
fide membership engaged in carrying out their objects, or |
to a non-profit
fundraising organization that the licensing |
authority determines is
organized for the sole purpose of |
providing financial assistance to an
identified individual or |
group of individuals suffering extreme financial
hardship as |
the result of an illness, disability, accident or disaster , as |
well as law enforcement agencies and statewide associations |
that represent law enforcement officials as provided for in |
Section 9 of this Act . A licensing authority may waive the |
5-year requirement under this subsection (b) for a bona fide |
religious, charitable, labor, business, fraternal, |
educational, or veterans' organization that applies for a |
license to conduct a poker run if the organization is a local |
organization that is affiliated with and chartered by a |
national or State organization that meets the 5-year |
requirement.
|
For purposes of this Act, the following definitions apply. |
Non-profit:
An organization or institution organized and |
conducted on a not-for-profit
basis with no personal profit |
|
inuring to any one as a result of the operation.
Charitable: An |
organization or institution organized and operated to benefit
|
an indefinite number of the public. The service rendered to |
those eligible
for benefits must also confer some benefit on |
the public. Educational:
An organization or institution |
organized and operated to provide systematic
instruction in |
useful branches of learning by methods common to schools
and |
institutions of learning which compare favorably in their scope |
and
intensity with the course of study presented in |
tax-supported schools.
Religious: Any church, congregation, |
society, or organization founded for
the purpose of religious |
worship. Fraternal: An organization of persons
having a common |
interest, the primary interest of which is to both promote
the |
welfare of its members and to provide assistance to the general |
public
in such a way as to lessen the burdens of government by |
caring for those
that otherwise would be cared for by the |
government. Veterans: An organization
or association comprised |
of members of which substantially all are individuals
who are |
veterans or spouses, widows, or widowers of veterans, the |
primary
purpose of which is to promote the welfare of its |
members and to provide
assistance to the general public in such |
a way as to confer a public benefit.
Labor: An organization |
composed of workers organized with the objective
of betterment |
of the conditions of those engaged in such pursuit and the
|
development of a higher degree of efficiency in their |
respective occupations.
Business: A voluntary organization |
|
composed of individuals and businesses
who have joined together |
to advance the commercial, financial, industrial
and civic |
interests of a community.
|
(c) Poker runs shall be licensed by the governing body with |
jurisdiction over the key location. The license granted by the |
key location shall cover the entire poker run, including |
locations other than the key location. Each license issued |
shall include the name and address of each predetermined |
location. |
(Source: P.A. 98-644, eff. 6-10-14.)
|
(230 ILCS 15/9 new) |
Sec. 9. Raffles by law enforcement agencies and statewide |
associations that represent law enforcement officials. |
(a) As used in this Section: |
"Key location" means the location where the raffle |
organized by a law enforcement agency or a statewide |
association that represents law enforcement officials is |
conducted and the prize or prizes are awarded. |
"Law enforcement agency" means an agency of this State or |
unit of local government which is vested by law or ordinance |
with the duty to maintain public order and to enforce criminal |
laws or ordinances. |
(b) Notwithstanding the other provisions of this Act, law |
enforcement agencies and statewide associations that represent |
law enforcement officials may organize raffles under this Act. |
|
Raffles organized by a law enforcement agency or a statewide |
association that represents law enforcement officials must |
only be licensed by the governing body of the county or |
municipality in which the key location for that raffle is |
located, even if raffle tickets are sold beyond the borders of |
that governing body of the county or municipality. A raffle |
organized by a law enforcement agency or a statewide |
association that represents law enforcement officials must |
abide by any restrictions established pursuant to subsection |
(a) of Section 2 of this Act by the governing body of the |
county or municipality in which the key location is located.
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|