Sen. Patrick J. Joyce

Filed: 10/30/2025

 

 


 

 


 
10400HB2724sam001LRB104 12064 JDS 29513 a

1
AMENDMENT TO HOUSE BILL 2724

2    AMENDMENT NO. ______. Amend House Bill 2724 by replacing
3everything after the enacting clause with the following:
 
4    "Section 10. The Illinois Income Tax Act is amended by
5adding Section 253 as follows:
 
6    (35 ILCS 5/253 new)
7    Sec. 253. Backstretch assistance tax credit.
8    (a) As used in this Section:
9    "Backstretch worker" means any individual employed or
10contracted to perform duties within the stabling and training
11areas of a licensed horse racing facility, commonly referred
12to as the "backstretch", including, but not limited to:
13        (1) grooms responsible for the daily care, feeding,
14    grooming, and monitoring of racehorses;
15        (2) hotwalkers who cool down horses following exercise
16    or competition;

 

 

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1        (3) exercise riders who ride horses during training
2    sessions to maintain fitness and readiness;
3        (4) stable hands who clean stalls, manage feed, and
4    assist with general maintenance;
5        (5) trainers overseeing the conditioning, preparation,
6    and racing strategy of horses;
7        (6) farriers providing hoof care and shoeing services;
8    and
9        (7) veterinary personnel administering medical
10    treatment and preventive care.
11    "Organization licensee" means any person or entity with an
12organization license issued under the Illinois Horse Racing
13Act of 1975.
14    "Placed in service" means the date when the property is
15placed in a condition or state of readiness and availability
16for a specifically assigned function.
17    "Qualified project capital infrastructure improvements"
18means any permanent, nonrecurring investment in physical
19assets located within or directly serving the backstretch area
20of a licensed horse racing venue, undertaken to enhance the
21safety, functionality, habitability, or operational efficiency
22of the facility. "Qualified project capital infrastructure
23improvements" must be capital in nature, with a useful life of
24at least 5 years, and may include, but are not limited to:
25        (1) structural upgrades, such as the renovation,
26    repair, or replacement of dormitories, stables, barns,

 

 

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1    tack rooms, wash racks, and other horse care or worker
2    housing facilities;
3        (2) utility systems, such as the installation or
4    modernization of water, sewer, electrical, HVAC, and fire
5    suppression systems serving the backstretch;
6        (3) sanitation and health facilities, such as the
7    construction or enhancement of restrooms, showers, laundry
8    areas, medical or veterinary stations, and food
9    preparation areas;
10        (4) safety and accessibility improvements, such as
11    upgrades to lighting, walkways, fencing, emergency access
12    routes, and Americans with Disabilities Act-compliant
13    infrastructure;
14        (5) technology and communications infrastructure, such
15    as the deployment of broadband, security systems, and
16    digital infrastructure supporting worker welfare and
17    operational oversight; and
18        (6) environmental enhancements, such as stormwater
19    management systems, energy-efficient retrofits, and
20    sustainable design features that reduce environmental
21    impact.
22    (b) For taxable years beginning on or after January 1,
232026 and ending on or before December 31, 2030, each taxpayer
24that is an organization licensee under the Illinois Horse
25Racing Act of 1975 is entitled to a credit against the taxes
26imposed by subsections (a) and (b) of Section 201 in an

 

 

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1aggregate amount equal to 100% of eligible expenditures up to
2$9,000,000 for qualified project capital infrastructure
3improvements for housing and other facilities that benefit
4backstretch workers at an organization licensee facility
5operating on the effective date of this amendatory Act of the
6104th General Assembly. For each taxable year, the amount of
7the tax credit for each taxpayer with eligible expenditures
8shall be determined by the Illinois Racing Board. The Illinois
9Racing Board shall not award to any taxpayer credits under
10this Section in an amount that is greater than $9,000,000 in
11the aggregate for taxable years beginning on or after January
121, 2026 and ending on or before December 31, 2030.
13    (c) To obtain a tax credit certificate pursuant to this
14Section, the taxpayer must apply with the Illinois Racing
15Board. The Illinois Racing Board shall determine whether an
16expenditure qualifies for the credit under this Section based
17on whether it includes improvements for backstretch workers
18and facilities that benefit the backstretch workers. The
19Illinois Racing Board shall determine the amount of eligible
20expenditures within 45 days after receipt of a complete
21application. The taxpayer must provide to the Illinois Racing
22Board a third-party cost certification conducted by a
23certified public accountant verifying the eligible and
24noneligible expenditures. The accountant shall provide
25appropriate review and testing of invoices. The Illinois
26Racing Board is authorized, but not required, to accept the

 

 

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1third-party cost certification to determine the amount of
2eligible expenditures and all required permits with final
3sign-offs from the jurisdiction where the improvements were
4made. Project costs shall not include the organization
5licensee's organization gaming facility or other property not
6related to housing and other facilities that benefit
7backstretch workers.
8    (d) Upon satisfactory review of the application, the
9Illinois Racing Board shall issue a tax credit certificate to
10the taxpayer stating the amount of the tax credit to which the
11taxpayer is entitled for that tax year. The credit shall be
12claimed in the taxable year in which the tax credit
13certificate is issued. A person claiming the credit allowed
14under this Section shall attach to the person's Illinois
15income tax return a copy of the tax credit certificate issued
16by the Illinois Racing Board.
17    (e) If the taxpayer is a partnership or Subchapter S
18corporation, the credit shall be allowed to the partners or
19shareholders in accordance with the provisions of Section 251.
20    (f) The credit may not reduce the taxpayer's liability to
21less than zero. If the amount of the credit exceeds the tax
22liability for the year, whether it exceeds the original
23liability or the liability as later amended, such excess may
24be carried forward and applied to the tax liability of the 5
25taxable years following the excess credit year. The credit
26shall be applied to the earliest year for which there is a tax

 

 

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1liability. If there are credits from more than one tax year
2that are available to offset a liability, the earlier credit
3shall be applied first.
4    (g) A taxpayer claiming the credit provided by this
5Section must maintain and record any information that the
6Department may require regarding the project for which the
7credit is claimed.
8    (h) The Department may adopt rules to implement and
9administer this Section.
10    (i) The Illinois Racing Board may adopt rules to implement
11and administer this tax credit program, including rules
12concerning applications for the tax credit.
 
13    Section 15. The Illinois Horse Racing Act of 1975 is
14amended by changing Sections 3.075, 19, 19.5, 20, and 26 and by
15adding Section 19.10 as follows:
 
16    (230 ILCS 5/3.075)
17    Sec. 3.075. (a) "Host track" means the organization
18licensee (i) conducting live thoroughbred racing between the
19hours of 6:30 a.m. and 6:30 p.m. from the first day to the last
20day of its horse racing meet as awarded by the Board (including
21all days within that period when no live racing occurs),
22except as otherwise provided in subsections (c) and (e) of
23this Section, or (ii) conducting live standardbred racing
24between the hours of 6:30 p.m. to 6:30 a.m. of the following

 

 

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1day from the first day to the last day of its horse racing meet
2as awarded by the Board (including all days within that period
3when no live racing occurs, except as otherwise provided in
4subsections (b), (d), and (e) of this Section); provided that
5the organization licensee conducts live racing no fewer than 5
6days per week with no fewer than 9 races per day, unless a
7lesser schedule of live racing is the result of (1) weather,
8unsafe track conditions, or other acts of God; (2) an
9agreement between the organization licensee and the
10associations representing the largest number of owners,
11trainers, and standardbred drivers who race horses at that
12organization licensee's race meeting, with the Board's
13consent; or (3) a decision by the Board after a public hearing
14(in which the associations representing the owners, trainers,
15jockeys, or standardbred drivers who race horses at that
16organization licensee's race meeting shall participate) either
17at the time racing dates are awarded or after those dates are
18awarded due to changed financial circumstances, upon a written
19petition from the organization licensee, accompanied by
20supporting financial data as requested by the Board, stating
21that the organization licensee has and will continue to incur
22significant financial losses. No organization licensee
23conducting its race meeting in a county bordering the
24Mississippi River and having a population greater than 230,000
25or Macon County may be a host track for its race meeting.
26    (b) (Blank).

 

 

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1    (c) (Blank).
2    (d) Notwithstanding the provisions of subsection (a) of
3this Section and except as otherwise provided in subsection
4(e) of this Section, in the event that 2 organization
5licensees conduct their standardbred race meetings
6concurrently on any date after January 1, 1996, between the
7hours of 6:30 p.m. and 6:30 a.m., the organization licensee
8awarded the most racing dates between 6:30 p.m. and 6:30 a.m.
9during the calendar year in which that concurrent racing
10occurs will be deemed the host track, provided that the 2
11organization licensees collectively conduct live standardbred
12racing between 6:30 p.m. and 6:30 a.m. during the week in which
13concurrent race meetings occur no less than 5 days per week
14with no less than 9 races per day. During each week of the
15calendar year in which 2 organization licensees are conducting
16live standardbred race meetings between 6:30 p.m. and 6:30
17a.m., if there is any day in that week on which only one
18organization licensee is conducting a standardbred race
19meeting between 6:30 p.m. and 6:30 a.m., that organization
20licensee shall be the host track provided that the 2
21organization licensees collectively conduct live standardbred
22racing between 6:30 p.m. and 6:30 a.m. during the week in which
23concurrent race meetings occur no less than 5 days per week
24with no less than 9 races per day. During each week of the
25calendar year in which 2 organization licensees are
26concurrently conducting live standardbred race meetings on one

 

 

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1or more days between 6:30 p.m. and 6:30 a.m., if there is any
2day in that week on which no organization licensee is
3conducting a standardbred race meeting between 6:30 p.m. and
46:30 a.m., the organization licensee conducting a standardbred
5race meeting during that week and time period that has been
6awarded the most racing dates during the calendar year between
76:30 p.m. and 6:30 a.m. shall be the host track, provided that
8the 2 organization licensees collectively conduct live
9standardbred racing between 6:30 p.m. and 6:30 a.m. during the
10week in which concurrent race meetings occur no less than 5
11days per week with no less than 9 races per day. The
12requirement in this subsection (d) that live racing be
13conducted no less than 5 days per week with no less than 9
14races per day shall be subject to exceptions set forth in items
15(1), (2), and (3) of subsection (a) of Section 3.075.
16    (e) During any calendar period in which no organization
17licensee has been awarded a thoroughbred race meeting, the
18host track, between the hours of 6:30 a.m. and 6:30 p.m. of
19such period, shall be an organization licensee determined by
20the Board, provided the organization licensee has been awarded
21a thoroughbred race meeting in the current year and is
22eligible to be a host track.
23(Source: P.A. 91-40, eff. 6-25-99.)
 
24    (230 ILCS 5/19)  (from Ch. 8, par. 37-19)
25    Sec. 19. (a) No organization license may be granted to

 

 

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1conduct a horse race meeting:
2        (1) except as provided in subsection (c) of Section 21
3    of this Act, to any person at any place within 35 miles of
4    any other place licensed by the Board to hold a race
5    meeting on the same date during the same hours, the
6    mileage measurement used in this paragraph (1) subsection
7    (a) shall be certified to the Board by the Bureau of
8    Systems and Services in the Illinois Department of
9    Transportation as the most commonly used public way of
10    vehicular travel;
11        (1.5) except as provided in Section 19.10 of this Act,
12    to any person at any place within 100 miles of a track
13    located in a county with a population in excess of 230,000
14    and that borders the Mississippi River; the mileage
15    measurement used in this paragraph (1.5) shall be
16    certified to the Board by the Bureau of Systems and
17    Services at the Illinois Department of Transportation as
18    the most commonly used public way of vehicular travel;
19    this paragraph (1.5) shall not apply to a race meeting
20    conducted by an organization licensee at the Springfield
21    State fairgrounds or at the DuQuoin State fairgrounds;
22        (2) to any person in default in the payment of any
23    obligation or debt due the State under this Act, provided
24    no applicant shall be deemed in default in the payment of
25    any obligation or debt due to the State under this Act as
26    long as there is pending a hearing of any kind relevant to

 

 

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1    such matter;
2        (3) to any person who has been convicted of the
3    violation of any law of the United States or any State law
4    which provided as all or part of its penalty imprisonment
5    in any penal institution; to any person against whom there
6    is pending a Federal or State criminal charge; to any
7    person who is or has been connected with or engaged in the
8    operation of any illegal business; to any person who does
9    not enjoy a general reputation in his community of being
10    an honest, upright, law-abiding person; provided that none
11    of the matters set forth in this subparagraph (3) shall
12    make any person ineligible to be granted an organization
13    license if the Board determines, based on circumstances of
14    any such case, that the granting of a license would not be
15    detrimental to the interests of horse racing and of the
16    public;
17        (4) to any person who does not at the time of
18    application for the organization license own or have a
19    contract or lease for the possession of a finished race
20    track suitable for the type of racing intended to be held
21    by the applicant and for the accommodation of the public.
22    (b) (Blank).
23    (c) If any person is ineligible to receive an organization
24license because of any of the matters set forth in subsection
25(a) (2) or subsection (a) (3) of this Section, any other or
26separate person that either (i) controls, directly or

 

 

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1indirectly, such ineligible person or (ii) is controlled,
2directly or indirectly, by such ineligible person or by a
3person which controls, directly or indirectly, such ineligible
4person shall also be ineligible.
5(Source: P.A. 101-31, eff. 6-28-19.)
 
6    (230 ILCS 5/19.5)
7    Sec. 19.5. Standardbred racetrack in Cook County.
8Notwithstanding anything in this Act to the contrary, in
9addition to organization licenses issued by the Board on the
10effective date of this amendatory Act of the 101st General
11Assembly, the Board shall issue an organization license
12limited to standardbred racing to a racetrack located in a
13municipality that has a poverty rate that is greater than or
14equal to 6%, according to the 2023 U.S. Census Bureau's
15American Community Survey 5-year estimates, in one of the
16following townships of Cook County: Bloom, Bremen, Calumet,
17Orland, Rich, Thornton, or Worth. This additional organization
18license shall not be issued within a 35-mile radius of another
19organization license issued by the Board on the effective date
20of this amendatory Act of the 101st General Assembly, unless
21the person having operating control of such racetrack has
22given written consent to the organization licensee applicant,
23which consent must be filed with the Board at or prior to the
24time application is made. However, the consent required by
25this Section from the person having operating control of such

 

 

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1racetrack shall not be required after July 1, 2026. The
2organization license application shall be submitted to the
3Board and the Board may grant the organization license at any
4meeting of the Board. The Board shall examine the application
5within 21 days after receipt of the application with respect
6to its conformity with this Act and the rules adopted by the
7Board. If the application does not comply with this Act or the
8rules adopted by the Board, the application may be rejected
9and an organization license refused to the applicant, or the
10Board may, within 21 days after receipt of the application,
11advise the applicant of the deficiencies of the application
12under the Act or the rules of the Board and require the
13submittal of an amended application within a reasonable time
14determined by the Board; upon submittal of the amended
15application by the applicant, the Board may consider the
16application consistent with the process described in
17subsection (e-5) of Section 20. If the application is found to
18be in compliance with this Act and the rules of the Board, the
19Board shall then issue an organization license to the
20applicant. Once the organization license is granted, the
21licensee shall have all of the current and future rights of
22existing Illinois racetracks, including, but not limited to,
23the ability to obtain an inter-track wagering license, the
24ability to obtain inter-track wagering location licenses, the
25ability to obtain an organization gaming license pursuant to
26the Illinois Gambling Act with 1,200 gaming positions, and the

 

 

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1ability to offer Internet wagering on horse racing. If, at any
2time after the effective date of this amendatory Act of the
3104th General Assembly, the Board approves a standardbred
4racetrack under this Section and Section 19.10, beginning with
5the calendar year after the organization licensee of the
6second such standardbred racetrack begins to conduct wagering
7under Section 7.7 of the Illinois Gambling Act, if approved by
8the Board, the racetrack located in Stickney Township in Cook
9County shall be limited to thoroughbred racing under this Act
10so that both horse racing breeds shall have dedicated
11facilities in the Chicagoland area and, thereby, enhance the
12overall economic benefit for the State.
13(Source: P.A. 101-31, eff. 6-28-19; 102-689, eff. 12-17-21.)
 
14    (230 ILCS 5/19.10 new)
15    Sec. 19.10. Standardbred racetrack in Macon County.
16Notwithstanding anything in this Act to the contrary, in
17addition to organization licenses issued by the Board on the
18effective date of this amendatory Act of the 104th General
19Assembly, the Board shall issue an organization license
20limited to standardbred racing to a racetrack located in Macon
21County. Any physical gaming positions issued to an
22organization licensee under this Section that also receives an
23organization gaming license under Section 56 shall be located
24in Macon County. The organization license application shall be
25submitted to the Board, and the Board may grant the

 

 

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1organization license at any meeting of the Board. The Board
2shall examine the application within 21 days after receipt of
3the application with respect to its conformity with this Act
4and the rules adopted by the Board. If the application does not
5comply with this Act or the rules adopted by the Board, the
6application may be rejected and an organization license
7refused to the applicant, or the Board may, within 21 days
8after receipt of the application, advise the applicant of the
9deficiencies of the application under this Act or the rules of
10the Board and require the submittal of an amended application
11within a reasonable time determined by the Board. Upon
12submittal of the amended application by the applicant, the
13Board may consider the application consistent with the process
14described in subsection (e-5) of Section 20. If the
15application is found to be in compliance with this Act and the
16rules of the Board, the Board shall then issue an organization
17license to the applicant. Once the organization license is
18granted, the licensee shall have all of the current and future
19rights of existing Illinois racetracks, including, but not
20limited to, the ability to obtain an inter-track wagering
21license, the ability to obtain inter-track wagering location
22licenses, the ability to obtain an organization gaming license
23pursuant to the Illinois Gambling Act with 900 gaming
24positions, and the ability to offer Internet wagering on horse
25racing. However, the organization licensee in this Section may
26not be a host track for its race meeting. If, at any time after

 

 

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1the effective date of this amendatory Act of the 104th General
2Assembly, the Board approves a standardbred racetrack under
3this Section and Section 19.5, beginning with the calendar
4year after the organization licensee of the second such
5standardbred racetrack begins to conduct wagering under
6Section 7.7 of the Illinois Gambling Act, if approved by the
7Board, the racetrack located in Stickney Township in Cook
8County shall be limited to thoroughbred racing under this Act
9so that both horse racing breeds shall have dedicated
10facilities in the Chicagoland area and, thereby, enhance the
11overall economic benefit for the State.
 
12    (230 ILCS 5/20)  (from Ch. 8, par. 37-20)
13    Sec. 20. (a) Any person desiring to conduct a horse race
14meeting may apply to the Board for an organization license.
15The application shall be made on a form prescribed and
16furnished by the Board. The application shall specify:
17        (1) the dates on which it intends to conduct the horse
18    race meeting, which dates shall be provided under Section
19    21;
20        (2) the hours of each racing day between which it
21    intends to hold or conduct horse racing at such meeting;
22        (3) the location where it proposes to conduct the
23    meeting; and
24        (4) any other information the Board may reasonably
25    require.

 

 

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1    It is the public policy of the State to provide racing
2opportunities for both horse breeds, thoroughbred and
3standardbred, and to ensure that the organization licensees in
4the State collectively do so in a manner that makes the racing
5of both breeds viable. Therefore, if and only if the Board
6approves an organization license to conduct standardbred
7racing under Sections 19.5 and 19.10 and if the involved
8organization licensee of the second such standardbred track
9begins to conduct wagering under Section 7.7 of the Illinois
10Gambling Act, if approved by the Board, the racetrack located
11in Stickney Township in Cook County shall be limited to
12thoroughbred racing under this Act.
13    (b) A separate application for an organization license
14shall be filed for each horse race meeting which such person
15proposes to hold. Any such application, if made by an
16individual, or by any individual as trustee, shall be signed
17and verified under oath by such individual. If the application
18is made by individuals, then it shall be signed and verified
19under oath by at least 2 of the individuals; if the application
20is made by a partnership, an association, a corporation, a
21corporate trustee, a limited liability company, or any other
22entity, it shall be signed by an authorized officer, a
23partner, a member, or a manager, as the case may be, of the
24entity.
25    (c) The application shall specify:
26        (1) the name of the persons, association, trust, or

 

 

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1    corporation making such application;
2        (2) the principal address of the applicant;
3        (3) if the applicant is a trustee, the names and
4    addresses of the beneficiaries; if the applicant is a
5    corporation, the names and addresses of all officers,
6    stockholders and directors; or if such stockholders hold
7    stock as a nominee or fiduciary, the names and addresses
8    of the parties who are the beneficial owners thereof or
9    who are beneficially interested therein; if the applicant
10    is a partnership, the names and addresses of all partners,
11    general or limited; if the applicant is a limited
12    liability company, the names and addresses of the manager
13    and members; and if the applicant is any other entity, the
14    names and addresses of all officers or other authorized
15    persons of the entity.
16    (d) The applicant shall execute and file with the Board a
17good faith affirmative action plan to recruit, train, and
18upgrade minorities in all classifications within the
19association.
20    (e) With such application there shall be delivered to the
21Board a certified check or bank draft payable to the order of
22the Board for an amount equal to $1,000. All applications for
23the issuance of an organization license shall be filed with
24the Board before August 1 of the year prior to the year for
25which application is made and shall be acted upon by the Board
26at a meeting to be held on such date as shall be fixed by the

 

 

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1Board during the last 15 days of September of such prior year.
2At such meeting, the Board shall announce the award of the
3racing meets, live racing schedule, and designation of host
4track to the applicants and its approval or disapproval of
5each application. No announcement shall be considered binding
6until a formal order is executed by the Board, which shall be
7executed no later than October 15 of that prior year. Absent
8the agreement of the affected organization licensees, the
9Board shall not grant overlapping race meetings to 2 or more
10tracks that are within 100 miles of each other to conduct the
11thoroughbred racing.
12    (e-1) The Board shall award standardbred racing dates to
13organization licensees with an organization gaming license
14pursuant to the following schedule:
15        (1) For the first calendar year of operation of
16    gambling games by an organization gaming licensee under
17    this amendatory Act of the 101st General Assembly, when a
18    single entity requests standardbred racing dates, the
19    Board shall award no fewer than 100 days of racing. The
20    100-day requirement may be reduced to no fewer than 80
21    days if no dates are requested for the first 3 months of a
22    calendar year. If more than one entity requests
23    standardbred racing dates, the Board shall award no fewer
24    than 140 days of racing between the applicants.
25        (2) For the second calendar year of operation of
26    gambling games by an organization gaming licensee under

 

 

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1    this amendatory Act of the 101st General Assembly, when a
2    single entity requests standardbred racing dates, the
3    Board shall award no fewer than 100 days of racing. The
4    100-day requirement may be reduced to no fewer than 80
5    days if no dates are requested for the first 3 months of a
6    calendar year. If more than one entity requests
7    standardbred racing dates, the Board shall award no fewer
8    than 160 days of racing between the applicants.
9        (3) For the third calendar year of operation of
10    gambling games by an organization gaming licensee under
11    this amendatory Act of the 101st General Assembly, and
12    each calendar year thereafter, when a single entity
13    requests standardbred racing dates, the Board shall award
14    no fewer than 120 days of racing. The 120-day requirement
15    may be reduced to no fewer than 100 days if no dates are
16    requested for the first 3 months of a calendar year. If
17    more than one entity requests standardbred racing dates,
18    the Board shall award no fewer than 200 days of racing
19    between the applicants.
20        (4) Notwithstanding any other requirement of this
21    subsection, if the Board approves an organization license
22    pursuant to Section 19.10, the Board may award fewer than
23    the minimum number of racing days, but no fewer than 60
24    days of racing, if there is consent for fewer days of
25    racing as agreed to by the organization licensee and the
26    horsemen association representing the largest number of

 

 

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1    owners, trainers, jockeys, or standardbred drivers who
2    race horses at that organization licensee's racing
3    meeting.
4        (5) Notwithstanding any other requirement of this
5    subsection, if the Board approves an organization license
6    pursuant to Section 19.10 before July 1, 2026, and the
7    organization licensee applies for racing days in the
8    remainder of 2026, the Board may award racing days to the
9    organization licensee in the remainder of 2026 and may
10    award fewer than 60 days of racing in 2026 after the Board
11    has considered the application consistent with subsection
12    (e-5).
13    An organization licensee shall apply for racing dates
14pursuant to this subsection (e-1). In awarding racing dates
15under this subsection (e-1), the Board shall have the
16discretion to allocate those standardbred racing dates among
17these organization licensees.
18    (e-2) The Board shall award thoroughbred racing days to
19Cook County organization licensees pursuant to the following
20schedule:
21        (1) During the first year in which only one
22    organization licensee is awarded an organization gaming
23    license, the Board shall award no fewer than 110 days of
24    racing.
25        During the second year in which only one organization
26    licensee is awarded an organization gaming license, the

 

 

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1    Board shall award no fewer than 115 racing days.
2        During the third year and every year thereafter, in
3    which only one organization licensee is awarded an
4    organization gaming license, the Board shall award no
5    fewer than 120 racing days.
6        (2) During the first year in which 2 organization
7    licensees are awarded an organization gaming license, the
8    Board shall award no fewer than 139 total racing days.
9        During the second year in which 2 organization
10    licensees are awarded an organization gaming license, the
11    Board shall award no fewer than 160 total racing days.
12        During the third year and every year thereafter in
13    which 2 organization licensees are awarded an organization
14    gaming license, the Board shall award no fewer than 174
15    total racing days.
16    A Cook County organization licensee shall apply for racing
17dates pursuant to this subsection (e-2). In awarding racing
18dates under this subsection (e-2), the Board shall have the
19discretion to allocate those thoroughbred racing dates among
20these Cook County organization licensees.
21    (e-3) In awarding racing dates for calendar year 2020 and
22thereafter in connection with a racetrack in Madison County,
23the Board shall award racing dates and such organization
24licensee shall run at least 700 thoroughbred races at the
25racetrack in Madison County each year.
26    Notwithstanding Section 7.7 of the Illinois Gambling Act

 

 

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1or any provision of this Act other than subsection (e-4.5),
2for each calendar year for which an organization gaming
3licensee located in Madison County requests racing dates
4resulting in less than 700 live thoroughbred races at its
5racetrack facility, the organization gaming licensee may not
6conduct gaming pursuant to an organization gaming license
7issued under the Illinois Gambling Act for the calendar year
8of such requested live races.
9    (e-4) Notwithstanding the provisions of Section 7.7 of the
10Illinois Gambling Act or any provision of this Act other than
11subsections (e-3) and (e-4.5), for each calendar year for
12which an organization gaming licensee requests thoroughbred
13racing dates which results in a number of live races under its
14organization license that is less than the total number of
15live races which it conducted in 2017 at its racetrack
16facility, the organization gaming licensee may not conduct
17gaming pursuant to its organization gaming license for the
18calendar year of such requested live races.
19    (e-4.1) Notwithstanding the provisions of Section 7.7 of
20the Illinois Gambling Act or any provision of this Act other
21than subsections (e-3) and (e-4.5), for each calendar year for
22which an organization licensee requests racing dates for
23standardbred racing which results in a number of live races
24that is less than the total number of live races required in
25subsection (e-1), the organization gaming licensee may not
26conduct gaming pursuant to its organization gaming license for

 

 

10400HB2724sam001- 24 -LRB104 12064 JDS 29513 a

1the calendar year of such requested live races.
2    (e-4.5) The Board shall award the minimum live racing
3guarantees contained in subsections (e-1), (e-2), and (e-3) to
4ensure that each organization licensee shall individually run
5a sufficient number of races per year to qualify for an
6organization gaming license under this Act. The General
7Assembly finds that the minimum live racing guarantees
8contained in subsections (e-1), (e-2), and (e-3) are in the
9best interest of the sport of horse racing, and that such
10guarantees may only be reduced in the calendar year in which
11they will be conducted in the limited circumstances described
12in this subsection. The Board may decrease the number of
13racing days without affecting an organization licensee's
14ability to conduct gaming pursuant to an organization gaming
15license issued under the Illinois Gambling Act only if the
16Board determines, after notice and hearing, that:
17        (i) a decrease is necessary to maintain a sufficient
18    number of betting interests per race to ensure the
19    integrity of racing;
20        (ii) there are unsafe track conditions due to weather
21    or acts of God;
22        (iii) there is an agreement between an organization
23    licensee and the breed association that is applicable to
24    the involved live racing guarantee, such association
25    representing either the largest number of thoroughbred
26    owners and trainers or the largest number of standardbred

 

 

10400HB2724sam001- 25 -LRB104 12064 JDS 29513 a

1    owners, trainers and drivers who race horses at the
2    involved organization licensee's racing meeting, so long
3    as the agreement does not compromise the integrity of the
4    sport of horse racing; or
5        (iv) the horse population or purse levels are
6    insufficient to provide the number of racing opportunities
7    otherwise required in this Act.
8    In decreasing the number of racing dates in accordance
9with this subsection, the Board shall hold a hearing and shall
10provide the public and all interested parties notice and an
11opportunity to be heard. The Board shall accept testimony from
12all interested parties, including any association representing
13owners, trainers, jockeys, or drivers who will be affected by
14the decrease in racing dates. The Board shall provide a
15written explanation of the reasons for the decrease and the
16Board's findings. The written explanation shall include a
17listing and content of all communication between any party and
18any Illinois Racing Board member or staff that does not take
19place at a public meeting of the Board.
20    (e-5) In reviewing an application for the purpose of
21granting an organization license consistent with the best
22interests of the public and the sport of horse racing, the
23Board shall consider:
24        (1) the character, reputation, experience, and
25    financial integrity of the applicant and of any other
26    separate person that either:

 

 

10400HB2724sam001- 26 -LRB104 12064 JDS 29513 a

1            (i) controls the applicant, directly or
2        indirectly, or
3            (ii) is controlled, directly or indirectly, by
4        that applicant or by a person who controls, directly
5        or indirectly, that applicant;
6        (2) the applicant's facilities or proposed facilities
7    for conducting horse racing;
8        (3) the total revenue without regard to Section 32.1
9    to be derived by the State and horsemen from the
10    applicant's conducting a race meeting;
11        (4) the applicant's good faith affirmative action plan
12    to recruit, train, and upgrade minorities in all
13    employment classifications;
14        (5) the applicant's financial ability to purchase and
15    maintain adequate liability and casualty insurance;
16        (6) the applicant's proposed and prior year's
17    promotional and marketing activities and expenditures of
18    the applicant associated with those activities;
19        (7) an agreement, if any, among organization licensees
20    as provided in subsection (b) of Section 21 of this Act;
21    and
22        (8) the extent to which the applicant exceeds or meets
23    other standards for the issuance of an organization
24    license that the Board shall adopt by rule.
25    In granting organization licenses and allocating dates for
26horse race meetings, the Board shall have discretion to

 

 

10400HB2724sam001- 27 -LRB104 12064 JDS 29513 a

1determine an overall schedule, including required simulcasts
2of Illinois races by host tracks that will, in its judgment, be
3conducive to the best interests of the public and the sport of
4horse racing.
5    (e-10) The Illinois Administrative Procedure Act shall
6apply to administrative procedures of the Board under this Act
7for the granting of an organization license, except that (1)
8notwithstanding the provisions of subsection (b) of Section
910-40 of the Illinois Administrative Procedure Act regarding
10cross-examination, the Board may prescribe rules limiting the
11right of an applicant or participant in any proceeding to
12award an organization license to conduct cross-examination of
13witnesses at that proceeding where that cross-examination
14would unduly obstruct the timely award of an organization
15license under subsection (e) of Section 20 of this Act; (2) the
16provisions of Section 10-45 of the Illinois Administrative
17Procedure Act regarding proposals for decision are excluded
18under this Act; (3) notwithstanding the provisions of
19subsection (a) of Section 10-60 of the Illinois Administrative
20Procedure Act regarding ex parte communications, the Board may
21prescribe rules allowing ex parte communications with
22applicants or participants in a proceeding to award an
23organization license where conducting those communications
24would be in the best interest of racing, provided all those
25communications are made part of the record of that proceeding
26pursuant to subsection (c) of Section 10-60 of the Illinois

 

 

10400HB2724sam001- 28 -LRB104 12064 JDS 29513 a

1Administrative Procedure Act; (4) the provisions of Section
214a of this Act and the rules of the Board promulgated under
3that Section shall apply instead of the provisions of Article
410 of the Illinois Administrative Procedure Act regarding
5administrative law judges; and (5) the provisions of
6subsection (d) of Section 10-65 of the Illinois Administrative
7Procedure Act that prevent summary suspension of a license
8pending revocation or other action shall not apply.
9    (f) The Board may allot racing dates to an organization
10licensee for more than one calendar year but for no more than 3
11successive calendar years in advance, provided that the Board
12shall review such allotment for more than one calendar year
13prior to each year for which such allotment has been made. The
14granting of an organization license to a person constitutes a
15privilege to conduct a horse race meeting under the provisions
16of this Act, and no person granted an organization license
17shall be deemed to have a vested interest, property right, or
18future expectation to receive an organization license in any
19subsequent year as a result of the granting of an organization
20license. Organization licenses shall be subject to revocation
21if the organization licensee has violated any provision of
22this Act or the rules and regulations promulgated under this
23Act or has been convicted of a crime or has failed to disclose
24or has stated falsely any information called for in the
25application for an organization license. Any organization
26license revocation proceeding shall be in accordance with

 

 

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1Section 16 regarding suspension and revocation of occupation
2licenses.
3    (f-5) If, (i) an applicant does not file an acceptance of
4the racing dates awarded by the Board as required under part
5(1) of subsection (h) of this Section 20, or (ii) an
6organization licensee has its license suspended or revoked
7under this Act, the Board, upon conducting an emergency
8hearing as provided for in this Act, may reaward on an
9emergency basis pursuant to rules established by the Board,
10racing dates not accepted or the racing dates associated with
11any suspension or revocation period to one or more
12organization licensees, new applicants, or any combination
13thereof, upon terms and conditions that the Board determines
14are in the best interest of racing, provided, the organization
15licensees or new applicants receiving the awarded racing dates
16file an acceptance of those reawarded racing dates as required
17under paragraph (1) of subsection (h) of this Section 20 and
18comply with the other provisions of this Act. The Illinois
19Administrative Procedure Act shall not apply to the
20administrative procedures of the Board in conducting the
21emergency hearing and the reallocation of racing dates on an
22emergency basis.
23    (g) (Blank).
24    (h) The Board shall send the applicant a copy of its
25formally executed order by certified mail addressed to the
26applicant at the address stated in his application, which

 

 

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1notice shall be mailed within 5 days of the date the formal
2order is executed.
3    Each applicant notified shall, within 10 days after
4receipt of the final executed order of the Board awarding
5racing dates:
6        (1) file with the Board an acceptance of such award in
7    the form prescribed by the Board;
8        (2) pay to the Board an additional amount equal to
9    $110 for each racing date awarded; and
10        (3) file with the Board the bonds required in Sections
11    21 and 25 at least 20 days prior to the first day of each
12    race meeting.
13Upon compliance with the provisions of paragraphs (1), (2),
14and (3) of this subsection (h), the applicant shall be issued
15an organization license.
16    If any applicant fails to comply with this Section or
17fails to pay the organization license fees herein provided, no
18organization license shall be issued to such applicant.
19(Source: P.A. 101-31, eff. 6-28-19.)
 
20    (230 ILCS 5/26)  (from Ch. 8, par. 37-26)
21    Sec. 26. Wagering.
22    (a) Any licensee may conduct and supervise the pari-mutuel
23system of wagering, as defined in Section 3.12 of this Act, on
24horse races conducted by an Illinois organization licensee or
25conducted at a racetrack located in another state or country

 

 

10400HB2724sam001- 31 -LRB104 12064 JDS 29513 a

1in accordance with subsection (g) of Section 26 of this Act.
2Subject to the prior consent of the Board, licensees may
3supplement any pari-mutuel pool in order to guarantee a
4minimum distribution. Such pari-mutuel method of wagering
5shall not, under any circumstances if conducted under the
6provisions of this Act, be held or construed to be unlawful,
7other statutes of this State to the contrary notwithstanding.
8Subject to rules for advance wagering promulgated by the
9Board, any licensee may accept wagers in advance of the day the
10race wagered upon occurs.
11    (b) Except for those gaming activities for which a license
12is obtained and authorized under the Illinois Lottery Law, the
13Charitable Games Act, the Raffles and Poker Runs Act, or the
14Illinois Gambling Act, no other method of betting, pool
15making, wagering or gambling shall be used or permitted by the
16licensee. Each licensee may retain, subject to the payment of
17all applicable taxes and purses, an amount not to exceed 17% of
18all money wagered under subsection (a) of this Section, except
19as may otherwise be permitted under this Act.
20    (b-5) An individual may place a wager under the
21pari-mutuel system from any licensed location authorized under
22this Act provided that wager is electronically recorded in the
23manner described in Section 3.12 of this Act. Any wager made
24electronically by an individual while physically on the
25premises of a licensee shall be deemed to have been made at the
26premises of that licensee.

 

 

10400HB2724sam001- 32 -LRB104 12064 JDS 29513 a

1    (c) (Blank).
2    (c-5) The sum held by any licensee for payment of
3outstanding pari-mutuel tickets, if unclaimed prior to
4December 31 of the next year, shall be retained by the licensee
5for payment of such tickets until that date. Within 10 days
6thereafter, the balance of such sum remaining unclaimed, less
7any uncashed supplements contributed by such licensee for the
8purpose of guaranteeing minimum distributions of any
9pari-mutuel pool, shall be evenly distributed to the purse
10account of the organization licensee and the organization
11licensee, except that the balance of the sum of all
12outstanding pari-mutuel tickets generated from simulcast
13wagering and inter-track wagering by an organization licensee
14located in a county with a population in excess of 230,000 and
15borders the Mississippi River or any licensee that derives its
16license from that organization licensee shall be evenly
17distributed to the purse account of the organization licensee
18and the organization licensee.
19    (d) A pari-mutuel ticket shall be honored until December
2031 of the next calendar year, and the licensee shall pay the
21same and may charge the amount thereof against unpaid money
22similarly accumulated on account of pari-mutuel tickets not
23presented for payment.
24    (e) No licensee shall knowingly permit any minor, other
25than an employee of such licensee or an owner, trainer,
26jockey, driver, or employee thereof, to be admitted during a

 

 

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1racing program unless accompanied by a parent or guardian, or
2any minor to be a patron of the pari-mutuel system of wagering
3conducted or supervised by it. The admission of any
4unaccompanied minor, other than an employee of the licensee or
5an owner, trainer, jockey, driver, or employee thereof at a
6race track is a Class C misdemeanor.
7    (f) Notwithstanding the other provisions of this Act, an
8organization licensee may contract with an entity in another
9state or country to permit any legal wagering entity in
10another state or country to accept wagers solely within such
11other state or country on races conducted by the organization
12licensee in this State. Beginning January 1, 2000, these
13wagers shall not be subject to State taxation. Until January
141, 2000, when the out-of-State entity conducts a pari-mutuel
15pool separate from the organization licensee, a privilege tax
16equal to 7 1/2% of all monies received by the organization
17licensee from entities in other states or countries pursuant
18to such contracts is imposed on the organization licensee, and
19such privilege tax shall be remitted to the Department of
20Revenue within 48 hours of receipt of the moneys from the
21simulcast. When the out-of-State entity conducts a combined
22pari-mutuel pool with the organization licensee, the tax shall
23be 10% of all monies received by the organization licensee
24with 25% of the receipts from this 10% tax to be distributed to
25the county in which the race was conducted.
26    An organization licensee may permit one or more of its

 

 

10400HB2724sam001- 34 -LRB104 12064 JDS 29513 a

1races to be utilized for pari-mutuel wagering at one or more
2locations in other states and may transmit audio and visual
3signals of races the organization licensee conducts to one or
4more locations outside the State or country and may also
5permit pari-mutuel pools in other states or countries to be
6combined with its gross or net wagering pools or with wagering
7pools established by other states.
8    (g) A host track may accept interstate simulcast wagers on
9horse races conducted in other states or countries and shall
10control the number of signals and types of breeds of racing in
11its simulcast program, subject to the disapproval of the
12Board. The Board may prohibit a simulcast program only if it
13finds that the simulcast program is clearly adverse to the
14integrity of racing. The host track simulcast program shall
15include the signal of live racing of all organization
16licensees. All non-host licensees and advance deposit wagering
17licensees shall carry the signal of and accept wagers on live
18racing of all organization licensees. Advance deposit wagering
19licensees shall not be permitted to accept out-of-state wagers
20on any Illinois signal provided pursuant to this Section
21without the approval and consent of the organization licensee
22providing the signal. For one year after August 15, 2014 (the
23effective date of Public Act 98-968), non-host licensees may
24carry the host track simulcast program and shall accept wagers
25on all races included as part of the simulcast program of horse
26races conducted at race tracks located within North America

 

 

10400HB2724sam001- 35 -LRB104 12064 JDS 29513 a

1upon which wagering is permitted. For a period of one year
2after August 15, 2014 (the effective date of Public Act
398-968), on horse races conducted at race tracks located
4outside of North America, non-host licensees may accept wagers
5on all races included as part of the simulcast program upon
6which wagering is permitted. Beginning August 15, 2015 (one
7year after the effective date of Public Act 98-968), non-host
8licensees may carry the host track simulcast program and shall
9accept wagers on all races included as part of the simulcast
10program upon which wagering is permitted. All organization
11licensees shall provide their live signal to all advance
12deposit wagering licensees for a simulcast commission fee not
13to exceed 6% of the advance deposit wagering licensee's
14Illinois handle on the organization licensee's signal without
15prior approval by the Board. The Board may adopt rules under
16which it may permit simulcast commission fees in excess of 6%.
17The Board shall adopt rules limiting the interstate commission
18fees charged to an advance deposit wagering licensee. The
19Board shall adopt rules regarding advance deposit wagering on
20interstate simulcast races that shall reflect, among other
21things, the General Assembly's desire to maximize revenues to
22the State, horsemen purses, and organization licensees.
23However, organization licensees providing live signals
24pursuant to the requirements of this subsection (g) may
25petition the Board to withhold their live signals from an
26advance deposit wagering licensee if the organization licensee

 

 

10400HB2724sam001- 36 -LRB104 12064 JDS 29513 a

1discovers and the Board finds reputable or credible
2information that the advance deposit wagering licensee is
3under investigation by another state or federal governmental
4agency, the advance deposit wagering licensee's license has
5been suspended in another state, or the advance deposit
6wagering licensee's license is in revocation proceedings in
7another state. The organization licensee's provision of their
8live signal to an advance deposit wagering licensee under this
9subsection (g) pertains to wagers placed from within Illinois.
10Advance deposit wagering licensees may place advance deposit
11wagering terminals at wagering facilities as a convenience to
12customers. The advance deposit wagering licensee shall not
13charge or collect any fee from purses for the placement of the
14advance deposit wagering terminals. The costs and expenses of
15the host track and non-host licensees associated with
16interstate simulcast wagering, other than the interstate
17commission fee, shall be borne by the host track and all
18non-host licensees incurring these costs. The interstate
19commission fee shall not exceed 5% of Illinois handle on the
20interstate simulcast race or races without prior approval of
21the Board. The Board shall promulgate rules under which it may
22permit interstate commission fees in excess of 5%. The
23interstate commission fee and other fees charged by the
24sending racetrack, including, but not limited to, satellite
25decoder fees, shall be uniformly applied to the host track and
26all non-host licensees.

 

 

10400HB2724sam001- 37 -LRB104 12064 JDS 29513 a

1    Notwithstanding any other provision of this Act, an
2organization licensee, with the consent of the horsemen
3association representing the largest number of owners,
4trainers, jockeys, or standardbred drivers who race horses at
5that organization licensee's racing meeting, may maintain a
6system whereby advance deposit wagering may take place or an
7organization licensee, with the consent of the horsemen
8association representing the largest number of owners,
9trainers, jockeys, or standardbred drivers who race horses at
10that organization licensee's racing meeting, may contract with
11another person to carry out a system of advance deposit
12wagering. Such consent may not be unreasonably withheld. Only
13with respect to an appeal to the Board that consent for an
14organization licensee that maintains its own advance deposit
15wagering system is being unreasonably withheld, the Board
16shall issue a final order within 30 days after initiation of
17the appeal, and the organization licensee's advance deposit
18wagering system may remain operational during that 30-day
19period. The actions of any organization licensee who conducts
20advance deposit wagering or any person who has a contract with
21an organization licensee to conduct advance deposit wagering
22who conducts advance deposit wagering on or after January 1,
232013 and prior to June 7, 2013 (the effective date of Public
24Act 98-18) taken in reliance on the changes made to this
25subsection (g) by Public Act 98-18 are hereby validated,
26provided payment of all applicable pari-mutuel taxes are

 

 

10400HB2724sam001- 38 -LRB104 12064 JDS 29513 a

1remitted to the Board. All advance deposit wagers placed from
2within Illinois must be placed through a Board-approved
3advance deposit wagering licensee; no other entity may accept
4an advance deposit wager from a person within Illinois. All
5advance deposit wagering is subject to any rules adopted by
6the Board. The Board may adopt rules necessary to regulate
7advance deposit wagering through the use of emergency
8rulemaking in accordance with Section 5-45 of the Illinois
9Administrative Procedure Act. The General Assembly finds that
10the adoption of rules to regulate advance deposit wagering is
11deemed an emergency and necessary for the public interest,
12safety, and welfare. An advance deposit wagering licensee may
13retain all moneys as agreed to by contract with an
14organization licensee. Any moneys retained by the organization
15licensee from advance deposit wagering, not including moneys
16retained by the advance deposit wagering licensee, shall be
17paid 50% to the organization licensee's purse account and 50%
18to the organization licensee. With the exception of any
19organization licensee that is owned by a publicly traded
20company that is incorporated in a state other than Illinois
21and advance deposit wagering licensees under contract with
22such organization licensees, organization licensees that
23maintain advance deposit wagering systems and advance deposit
24wagering licensees that contract with organization licensees
25shall provide sufficiently detailed monthly accountings to the
26horsemen association representing the largest number of

 

 

10400HB2724sam001- 39 -LRB104 12064 JDS 29513 a

1owners, trainers, jockeys, or standardbred drivers who race
2horses at that organization licensee's racing meeting so that
3the horsemen association, as an interested party, can confirm
4the accuracy of the amounts paid to the purse account at the
5horsemen association's affiliated organization licensee from
6advance deposit wagering. If more than one breed races at the
7same race track facility, then the 50% of the moneys to be paid
8to an organization licensee's purse account shall be allocated
9among all organization licensees' purse accounts operating at
10that race track facility proportionately based on the actual
11number of host days that the Board grants to that breed at that
12race track facility in the current calendar year. To the
13extent any fees from advance deposit wagering conducted in
14Illinois for wagers in Illinois or other states have been
15placed in escrow or otherwise withheld from wagers pending a
16determination of the legality of advance deposit wagering, no
17action shall be brought to declare such wagers or the
18disbursement of any fees previously escrowed illegal.
19        (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
20    inter-track wagering licensee other than the host track
21    may supplement the host track simulcast program with
22    additional simulcast races or race programs, provided that
23    between January 1 and the third Friday in February of any
24    year, inclusive, if no live thoroughbred racing is
25    occurring in Illinois during this period, only
26    thoroughbred races may be used for supplemental interstate

 

 

10400HB2724sam001- 40 -LRB104 12064 JDS 29513 a

1    simulcast purposes. The Board shall withhold approval for
2    a supplemental interstate simulcast only if it finds that
3    the simulcast is clearly adverse to the integrity of
4    racing. A supplemental interstate simulcast may be
5    transmitted from an inter-track wagering licensee to its
6    affiliated non-host licensees. The interstate commission
7    fee for a supplemental interstate simulcast shall be paid
8    by the non-host licensee and its affiliated non-host
9    licensees receiving the simulcast.
10        (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
11    inter-track wagering licensee other than the host track
12    may receive supplemental interstate simulcasts only with
13    the consent of the host track, except when the Board finds
14    that the simulcast is clearly adverse to the integrity of
15    racing. Consent granted under this paragraph (2) to any
16    inter-track wagering licensee shall be deemed consent to
17    all non-host licensees. The interstate commission fee for
18    the supplemental interstate simulcast shall be paid by all
19    participating non-host licensees.
20        (3) Each licensee conducting interstate simulcast
21    wagering may retain, subject to the payment of all
22    applicable taxes and the purses, an amount not to exceed
23    17% of all money wagered. If any licensee conducts the
24    pari-mutuel system wagering on races conducted at
25    racetracks in another state or country, each such race or
26    race program shall be considered a separate racing day for

 

 

10400HB2724sam001- 41 -LRB104 12064 JDS 29513 a

1    the purpose of determining the daily handle and computing
2    the privilege tax of that daily handle as provided in
3    subsection (a) of Section 27. Until January 1, 2000, from
4    the sums permitted to be retained pursuant to this
5    subsection, each inter-track wagering location licensee
6    shall pay 1% of the pari-mutuel handle wagered on
7    simulcast wagering to the Horse Racing Tax Allocation
8    Fund, subject to the provisions of subparagraph (B) of
9    paragraph (11) of subsection (h) of Section 26 of this
10    Act.
11        (4) A licensee who receives an interstate simulcast
12    may combine its gross or net pools with pools at the
13    sending racetracks pursuant to rules established by the
14    Board. All licensees combining their gross pools at a
15    sending racetrack shall adopt the takeout percentages of
16    the sending racetrack. A licensee may also establish a
17    separate pool and takeout structure for wagering purposes
18    on races conducted at race tracks outside of the State of
19    Illinois. The licensee may permit pari-mutuel wagers
20    placed in other states or countries to be combined with
21    its gross or net wagering pools or other wagering pools.
22        (5) After the payment of the interstate commission fee
23    (except for the interstate commission fee on a
24    supplemental interstate simulcast, which shall be paid by
25    the host track and by each non-host licensee through the
26    host track) and all applicable State and local taxes,

 

 

10400HB2724sam001- 42 -LRB104 12064 JDS 29513 a

1    except as provided in subsection (g) of Section 27 of this
2    Act, the remainder of moneys retained from simulcast
3    wagering pursuant to this subsection (g), and Section 26.2
4    shall be divided as follows:
5            (A) For interstate simulcast wagers made at a host
6        track, 50% to the host track and 50% to purses at the
7        host track.
8            (B) For wagers placed on interstate simulcast
9        races, supplemental simulcasts as defined in
10        subparagraphs (1) and (2), and separately pooled races
11        conducted outside of the State of Illinois made at a
12        non-host licensee, 25% to the host track, 25% to the
13        non-host licensee, and 50% to the purses at the host
14        track.
15        (6) Notwithstanding any provision in this Act to the
16    contrary, non-host licensees who derive their licenses
17    from a track located in a county with a population in
18    excess of 230,000 and that borders the Mississippi River
19    or Macon County may receive supplemental interstate
20    simulcast races at all times subject to Board approval,
21    which shall be withheld only upon a finding that a
22    supplemental interstate simulcast is clearly adverse to
23    the integrity of racing.
24        (7) Effective January 1, 2017, notwithstanding any
25    provision of this Act to the contrary, after payment of
26    all applicable State and local taxes and interstate

 

 

10400HB2724sam001- 43 -LRB104 12064 JDS 29513 a

1    commission fees, non-host licensees who derive their
2    licenses from a track located in a county with a
3    population in excess of 230,000 and that borders the
4    Mississippi River or Macon County shall retain 50% of the
5    retention from interstate simulcast wagers and shall pay
6    50% to purses at the track from which the non-host
7    licensee derives its license.
8        (7.1) Notwithstanding any other provision of this Act
9    to the contrary, if no standardbred racing is conducted at
10    a racetrack located in Madison County during any calendar
11    year beginning on or after January 1, 2002, and the
12    licensee that conducts horse racing at that racetrack
13    requests from the Board at least as many racing dates as
14    were conducted in calendar year 2000, all moneys derived
15    by that racetrack from simulcast wagering and inter-track
16    wagering that (1) are to be used for purses and (2) are
17    generated between the hours of 6:30 p.m. and 6:30 a.m.
18    during that calendar year shall be paid as follows:
19            (A) Eighty percent shall be paid to its
20        thoroughbred purse account; and
21            (B) Twenty percent shall be deposited into the
22        Illinois Colt Stakes Purse Distribution Fund and shall
23        be paid to purses for standardbred races for Illinois
24        conceived and foaled horses conducted at any county
25        fairgrounds. The moneys deposited into the Fund
26        pursuant to this subparagraph (B) shall be deposited

 

 

10400HB2724sam001- 44 -LRB104 12064 JDS 29513 a

1        within 2 weeks after the day they were generated,
2        shall be in addition to and not in lieu of any other
3        moneys paid to standardbred purses under this Act, and
4        shall not be commingled with other moneys paid into
5        that Fund. The moneys deposited pursuant to this
6        subparagraph (B) shall be allocated as provided by the
7        Department of Agriculture, with the advice and
8        assistance of the Illinois Standardbred Breeders Fund
9        Advisory Board.
10        (7.2) Notwithstanding any other provision of this Act
11    to the contrary, if no thoroughbred racing is conducted at
12    a racetrack located in Madison County during any calendar
13    year beginning on or after January 1, 2002, and the
14    licensee that conducts horse racing at that racetrack
15    requests from the Board at least as many racing dates as
16    were conducted in calendar year 2000, all moneys derived
17    by that racetrack from simulcast wagering and inter-track
18    wagering that (1) are to be used for purses and (2) are
19    generated between the hours of 6:30 a.m. and 6:30 p.m.
20    during that calendar year shall be deposited as follows:
21            (A) Eighty percent shall be deposited into its
22        standardbred purse account; and
23            (B) Twenty percent shall be deposited into the
24        Illinois Colt Stakes Purse Distribution Fund. Moneys
25        deposited into the Illinois Colt Stakes Purse
26        Distribution Fund pursuant to this subparagraph (B)

 

 

10400HB2724sam001- 45 -LRB104 12064 JDS 29513 a

1        shall be paid to Illinois conceived and foaled
2        thoroughbred breeders' programs and to thoroughbred
3        purses for races conducted at any county fairgrounds
4        for Illinois conceived and foaled horses at the
5        discretion of the Department of Agriculture, with the
6        advice and assistance of the Illinois Thoroughbred
7        Breeders Fund Advisory Board. The moneys deposited
8        into the Illinois Colt Stakes Purse Distribution Fund
9        pursuant to this subparagraph (B) shall be deposited
10        within 2 weeks after the day they were generated,
11        shall be in addition to and not in lieu of any other
12        moneys paid to thoroughbred purses under this Act, and
13        shall not be commingled with other moneys deposited
14        into that Fund.
15        (8) Notwithstanding any provision in this Act to the
16    contrary, an organization licensee from a track located in
17    a county with a population in excess of 230,000 and that
18    borders the Mississippi River or Macon County and its
19    affiliated non-host licensees shall not be entitled to
20    share in any retention generated on racing, inter-track
21    wagering, or simulcast wagering at any other Illinois
22    wagering facility.
23        (8.1) Notwithstanding any provisions in this Act to
24    the contrary, if 2 organization licensees are conducting
25    standardbred race meetings concurrently between the hours
26    of 6:30 p.m. and 6:30 a.m., after payment of all

 

 

10400HB2724sam001- 46 -LRB104 12064 JDS 29513 a

1    applicable State and local taxes and interstate commission
2    fees, the remainder of the amount retained from simulcast
3    wagering otherwise attributable to the host track and to
4    host track purses shall be split daily between the 2
5    organization licensees and the purses at the tracks of the
6    2 organization licensees, respectively, based on each
7    organization licensee's share of the total live handle for
8    that day, provided that this provision shall not apply to
9    any non-host licensee that derives its license from a
10    track located in a county with a population in excess of
11    230,000 and that borders the Mississippi River.
12        (9) (Blank).
13        (10) (Blank).
14        (11) (Blank).
15        (12) The Board shall have authority to compel all host
16    tracks to receive the simulcast of any or all races
17    conducted at the Springfield or DuQuoin State fairgrounds
18    and include all such races as part of their simulcast
19    programs.
20        (13) Notwithstanding any other provision of this Act,
21    in the event that the total Illinois pari-mutuel handle on
22    Illinois horse races at all wagering facilities in any
23    calendar year is less than 75% of the total Illinois
24    pari-mutuel handle on Illinois horse races at all such
25    wagering facilities for calendar year 1994, then each
26    wagering facility that has an annual total Illinois

 

 

10400HB2724sam001- 47 -LRB104 12064 JDS 29513 a

1    pari-mutuel handle on Illinois horse races that is less
2    than 75% of the total Illinois pari-mutuel handle on
3    Illinois horse races at such wagering facility for
4    calendar year 1994, shall be permitted to receive, from
5    any amount otherwise payable to the purse account at the
6    race track with which the wagering facility is affiliated
7    in the succeeding calendar year, an amount equal to 2% of
8    the differential in total Illinois pari-mutuel handle on
9    Illinois horse races at the wagering facility between that
10    calendar year in question and 1994 provided, however, that
11    a wagering facility shall not be entitled to any such
12    payment until the Board certifies in writing to the
13    wagering facility the amount to which the wagering
14    facility is entitled and a schedule for payment of the
15    amount to the wagering facility, based on: (i) the racing
16    dates awarded to the race track affiliated with the
17    wagering facility during the succeeding year; (ii) the
18    sums available or anticipated to be available in the purse
19    account of the race track affiliated with the wagering
20    facility for purses during the succeeding year; and (iii)
21    the need to ensure reasonable purse levels during the
22    payment period. The Board's certification shall be
23    provided no later than January 31 of the succeeding year.
24    In the event a wagering facility entitled to a payment
25    under this paragraph (13) is affiliated with a race track
26    that maintains purse accounts for both standardbred and

 

 

10400HB2724sam001- 48 -LRB104 12064 JDS 29513 a

1    thoroughbred racing, the amount to be paid to the wagering
2    facility shall be divided between each purse account pro
3    rata, based on the amount of Illinois handle on Illinois
4    standardbred and thoroughbred racing respectively at the
5    wagering facility during the previous calendar year.
6    Annually, the General Assembly shall appropriate
7    sufficient funds from the General Revenue Fund to the
8    Department of Agriculture for payment into the
9    thoroughbred and standardbred horse racing purse accounts
10    at Illinois pari-mutuel tracks. The amount paid to each
11    purse account shall be the amount certified by the
12    Illinois Racing Board in January to be transferred from
13    each account to each eligible racing facility in
14    accordance with the provisions of this Section. Beginning
15    in the calendar year in which an organization licensee
16    that is eligible to receive payment under this paragraph
17    (13) begins to receive funds from gaming pursuant to an
18    organization gaming license issued under the Illinois
19    Gambling Act, the amount of the payment due to all
20    wagering facilities licensed under that organization
21    licensee under this paragraph (13) shall be the amount
22    certified by the Board in January of that year. An
23    organization licensee and its related wagering facilities
24    shall no longer be able to receive payments under this
25    paragraph (13) beginning in the year subsequent to the
26    first year in which the organization licensee begins to

 

 

10400HB2724sam001- 49 -LRB104 12064 JDS 29513 a

1    receive funds from gaming pursuant to an organization
2    gaming license issued under the Illinois Gambling Act.
3    Notwithstanding any other provision in this Section, in
4    the calendar year after an organization licensee first
5    receiving funds from gaming pursuant to an organization
6    gaming license or Temporary Operating Permit issued under
7    the Illinois Gambling Act and its implementing rules, or
8    any time beginning after January 1, 2028, no certification
9    by the Board or payments to an organization licensee and
10    its related wagering facilities shall take place under
11    this paragraph (13).
12    (h) The Board may approve and license the conduct of
13inter-track wagering and simulcast wagering by inter-track
14wagering licensees and inter-track wagering location licensees
15subject to the following terms and conditions:
16        (1) Any person licensed to conduct a race meeting (i)
17    at a track where 60 or more days of racing were conducted
18    during the immediately preceding calendar year or where
19    over the 5 immediately preceding calendar years an average
20    of 30 or more days of racing were conducted annually may be
21    issued an inter-track wagering license; (ii) at a track
22    located in a county that is bounded by the Mississippi
23    River, which has a population of less than 150,000
24    according to the 1990 decennial census, and an average of
25    at least 60 days of racing per year between 1985 and 1993
26    may be issued an inter-track wagering license; (iii) at a

 

 

10400HB2724sam001- 50 -LRB104 12064 JDS 29513 a

1    track awarded standardbred racing dates; or (iv) at a
2    track located in Madison County that conducted at least
3    100 days of live racing during the immediately preceding
4    calendar year may be issued an inter-track wagering
5    license, unless a lesser schedule of live racing is the
6    result of (A) weather, unsafe track conditions, or other
7    acts of God; (B) an agreement between the organization
8    licensee and the associations representing the largest
9    number of owners, trainers, jockeys, or standardbred
10    drivers who race horses at that organization licensee's
11    racing meeting; or (C) a finding by the Board of
12    extraordinary circumstances and that it was in the best
13    interest of the public and the sport to conduct fewer than
14    100 days of live racing. Any such person having operating
15    control of the racing facility may receive inter-track
16    wagering location licenses. An eligible race track located
17    in a county that has a population of more than 230,000 and
18    that is bounded by the Mississippi River may establish up
19    to 18 9 inter-track wagering locations, an eligible race
20    track located in Stickney Township in Cook County may
21    establish up to 16 inter-track wagering locations, and an
22    eligible race track located in Palatine Township in Cook
23    County may establish up to 18 inter-track wagering
24    locations. An eligible racetrack conducting standardbred
25    racing may have up to 16 inter-track wagering locations.
26    An application for said license shall be filed with the

 

 

10400HB2724sam001- 51 -LRB104 12064 JDS 29513 a

1    Board prior to such dates as may be fixed by the Board.
2    With an application for an inter-track wagering location
3    license there shall be delivered to the Board a certified
4    check or bank draft payable to the order of the Board for
5    an amount equal to $500. The application shall be on forms
6    prescribed and furnished by the Board. The application
7    shall comply with all other rules, regulations and
8    conditions imposed by the Board in connection therewith.
9        (2) The Board shall examine the applications with
10    respect to their conformity with this Act and the rules
11    and regulations imposed by the Board. If found to be in
12    compliance with the Act and rules and regulations of the
13    Board, the Board may then issue a license to conduct
14    inter-track wagering and simulcast wagering to such
15    applicant. All such applications shall be acted upon by
16    the Board at a meeting to be held on such date as may be
17    fixed by the Board.
18        (3) In granting licenses to conduct inter-track
19    wagering and simulcast wagering, the Board shall give due
20    consideration to the best interests of the public, of
21    horse racing, and of maximizing revenue to the State.
22        (4) Prior to the issuance of a license to conduct
23    inter-track wagering and simulcast wagering, the applicant
24    shall file with the Board a bond payable to the State of
25    Illinois in the sum of $50,000, executed by the applicant
26    and a surety company or companies authorized to do

 

 

10400HB2724sam001- 52 -LRB104 12064 JDS 29513 a

1    business in this State, and conditioned upon (i) the
2    payment by the licensee of all taxes due under Section 27
3    or 27.1 and any other monies due and payable under this
4    Act, and (ii) distribution by the licensee, upon
5    presentation of the winning ticket or tickets, of all sums
6    payable to the patrons of pari-mutuel pools.
7        (5) Each license to conduct inter-track wagering and
8    simulcast wagering shall specify the person to whom it is
9    issued, the dates on which such wagering is permitted, and
10    the track or location where the wagering is to be
11    conducted.
12        (6) All wagering under such license is subject to this
13    Act and to the rules and regulations from time to time
14    prescribed by the Board, and every such license issued by
15    the Board shall contain a recital to that effect.
16        (7) An inter-track wagering licensee or inter-track
17    wagering location licensee may accept wagers at the track
18    or location where it is licensed, or as otherwise provided
19    under this Act.
20        (8) Inter-track wagering or simulcast wagering shall
21    not be conducted at any track less than 4 miles from a
22    track at which a racing meeting is in progress.
23        (8.1) Inter-track wagering location licensees who
24    derive their licenses from a particular organization
25    licensee shall conduct inter-track wagering and simulcast
26    wagering only at locations that are within 160 miles of

 

 

10400HB2724sam001- 53 -LRB104 12064 JDS 29513 a

1    that race track where the particular organization licensee
2    is licensed to conduct racing unless all persons or
3    entities having operating control of a race track within
4    160 miles at the time of initial application have given
5    written consent to an organization licensee and filed a
6    copy of that written consent with the Board on or before
7    the time of application. A flat pari-mutuel tax at the
8    rate of 1.5% of the daily pari-mutuel handle is imposed on
9    any licensee of an inter-track wagering location license
10    issued outside of 160 miles of the race track where the
11    particular organization licensee is licensed to conduct
12    racing. Inter-track . However, inter-track wagering and
13    simulcast wagering shall not be conducted by those
14    licensees at any location within 5 miles of any race track
15    at which a horse race meeting has been licensed in the
16    current year, unless the person having operating control
17    of such race track has given its written consent to such
18    inter-track wagering location licensees, which consent
19    must be filed with the Board at or prior to the time
20    application is made. In the case of any inter-track
21    wagering location licensee initially licensed after
22    December 31, 2013, inter-track wagering and simulcast
23    wagering shall not be conducted by those inter-track
24    wagering location licensees that are located outside the
25    City of Chicago at any location within 8 miles of any race
26    track at which a horse race meeting has been licensed in

 

 

10400HB2724sam001- 54 -LRB104 12064 JDS 29513 a

1    the current year, unless the person having operating
2    control of such race track has given its written consent
3    to such inter-track wagering location licensees, which
4    consent must be filed with the Board at or prior to the
5    time application is made.
6        (8.2) Inter-track wagering or simulcast wagering shall
7    not be conducted by an inter-track wagering location
8    licensee at any location within 100 feet of an existing
9    church, an existing elementary or secondary public school,
10    or an existing elementary or secondary private school
11    registered with or recognized by the State Board of
12    Education. The distance of 100 feet shall be measured to
13    the nearest part of any building used for worship
14    services, education programs, or conducting inter-track
15    wagering by an inter-track wagering location licensee, and
16    not to property boundaries. However, inter-track wagering
17    or simulcast wagering may be conducted at a site within
18    100 feet of a church or school if such church or school has
19    been erected or established after the Board issues the
20    original inter-track wagering location license at the site
21    in question. Inter-track wagering location licensees may
22    conduct inter-track wagering and simulcast wagering only
23    in areas that are zoned for commercial or manufacturing
24    purposes or in areas for which a special use has been
25    approved by the local zoning authority. However, no
26    license to conduct inter-track wagering and simulcast

 

 

10400HB2724sam001- 55 -LRB104 12064 JDS 29513 a

1    wagering shall be granted by the Board with respect to any
2    inter-track wagering location within the jurisdiction of
3    any local zoning authority which has, by ordinance or by
4    resolution, prohibited the establishment of an inter-track
5    wagering location within its jurisdiction. However,
6    inter-track wagering and simulcast wagering may be
7    conducted at a site if such ordinance or resolution is
8    enacted after the Board licenses the original inter-track
9    wagering location licensee for the site in question.
10        (8.3) After the effective date of this amendatory Act
11    of the 104th General Assembly, no inter-track wagering
12    location shall be issued within a 25-mile radius of an
13    organizational licensee unless the organization licensee
14    gives written consent and the organizational licensee
15    files such consent with the Board.
16        (9) (Blank).
17        (10) An inter-track wagering licensee or an
18    inter-track wagering location licensee may retain, subject
19    to the payment of the privilege taxes and the purses, an
20    amount not to exceed 17% of all money wagered. Each
21    program of racing conducted by each inter-track wagering
22    licensee or inter-track wagering location licensee shall
23    be considered a separate racing day for the purpose of
24    determining the daily handle and computing the privilege
25    tax or pari-mutuel tax on such daily handle as provided in
26    Section 27.

 

 

10400HB2724sam001- 56 -LRB104 12064 JDS 29513 a

1        (10.1) Except as provided in subsection (g) of Section
2    27 of this Act, inter-track wagering location licensees
3    shall pay 1% of the pari-mutuel handle at each location to
4    the municipality in which such location is situated and 1%
5    of the pari-mutuel handle at each location to the county
6    in which such location is situated. In the event that an
7    inter-track wagering location licensee is situated in an
8    unincorporated area of a county, such licensee shall pay
9    2% of the pari-mutuel handle from such location to such
10    county. Inter-track wagering location licensees must pay
11    the handle percentage required under this paragraph to the
12    municipality and county no later than the 20th of the
13    month following the month such handle was generated.
14        (10.2) Notwithstanding any other provision of this
15    Act, with respect to inter-track wagering at a race track
16    located in a county that has a population of more than
17    230,000 and that is bounded by the Mississippi River ("the
18    first race track"), or at a facility operated by an
19    inter-track wagering licensee or inter-track wagering
20    location licensee that derives its license from the
21    organization licensee that operates the first race track,
22    on races conducted at the first race track or on races
23    conducted at another Illinois race track and
24    simultaneously televised to the first race track or to a
25    facility operated by an inter-track wagering licensee or
26    inter-track wagering location licensee that derives its

 

 

10400HB2724sam001- 57 -LRB104 12064 JDS 29513 a

1    license from the organization licensee that operates the
2    first race track, those moneys shall be allocated as
3    follows:
4            (A) That portion of all moneys wagered on
5        standardbred racing that is required under this Act to
6        be paid to purses shall be paid to purses for
7        standardbred races.
8            (B) That portion of all moneys wagered on
9        thoroughbred racing that is required under this Act to
10        be paid to purses shall be paid to purses for
11        thoroughbred races.
12        (11) (A) After payment of the privilege or pari-mutuel
13    tax, any other applicable taxes, and the costs and
14    expenses in connection with the gathering, transmission,
15    and dissemination of all data necessary to the conduct of
16    inter-track wagering, the remainder of the monies retained
17    under either Section 26 or Section 26.2 of this Act by the
18    inter-track wagering licensee on inter-track wagering
19    shall be allocated with 50% to be split between the 2
20    participating licensees and 50% to purses, except that an
21    inter-track wagering licensee that derives its license
22    from a track located in a county with a population in
23    excess of 230,000 and that borders the Mississippi River
24    shall not divide any remaining retention with the Illinois
25    organization licensee that provides the race or races, and
26    an inter-track wagering licensee that accepts wagers on

 

 

10400HB2724sam001- 58 -LRB104 12064 JDS 29513 a

1    races conducted by an organization licensee that conducts
2    a race meet in a county with a population in excess of
3    230,000 and that borders the Mississippi River shall not
4    divide any remaining retention with that organization
5    licensee.
6        (B) From the sums permitted to be retained pursuant to
7    this Act each inter-track wagering location licensee shall
8    pay (i) the privilege or pari-mutuel tax to the State;
9    (ii) 4.75% of the pari-mutuel handle on inter-track
10    wagering at such location on races as purses, except that
11    an inter-track wagering location licensee that derives its
12    license from a track located in a county with a population
13    in excess of 230,000 and that borders the Mississippi
14    River shall retain all purse moneys for its own purse
15    account consistent with distribution set forth in this
16    subsection (h), and inter-track wagering location
17    licensees that accept wagers on races conducted by an
18    organization licensee located in a county with a
19    population in excess of 230,000 and that borders the
20    Mississippi River shall distribute all purse moneys to
21    purses at the operating host track; (iii) until January 1,
22    2000, except as provided in subsection (g) of Section 27
23    of this Act, 1% of the pari-mutuel handle wagered on
24    inter-track wagering and simulcast wagering at each
25    inter-track wagering location licensee facility to the
26    Horse Racing Tax Allocation Fund, provided that, to the

 

 

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1    extent the total amount collected and distributed to the
2    Horse Racing Tax Allocation Fund under this subsection (h)
3    during any calendar year exceeds the amount collected and
4    distributed to the Horse Racing Tax Allocation Fund during
5    calendar year 1994, that excess amount shall be
6    redistributed (I) to all inter-track wagering location
7    licensees, based on each licensee's pro rata share of the
8    total handle from inter-track wagering and simulcast
9    wagering for all inter-track wagering location licensees
10    during the calendar year in which this provision is
11    applicable; then (II) the amounts redistributed to each
12    inter-track wagering location licensee as described in
13    subpart (I) shall be further redistributed as provided in
14    subparagraph (B) of paragraph (5) of subsection (g) of
15    this Section 26 provided first, that the shares of those
16    amounts, which are to be redistributed to the host track
17    or to purses at the host track under subparagraph (B) of
18    paragraph (5) of subsection (g) of this Section 26 shall
19    be redistributed based on each host track's pro rata share
20    of the total inter-track wagering and simulcast wagering
21    handle at all host tracks during the calendar year in
22    question, and second, that any amounts redistributed as
23    described in part (I) to an inter-track wagering location
24    licensee that accepts wagers on races conducted by an
25    organization licensee that conducts a race meet in a
26    county with a population in excess of 230,000 and that

 

 

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1    borders the Mississippi River shall be further
2    redistributed, effective January 1, 2017, as provided in
3    paragraph (7) of subsection (g) of this Section 26, with
4    the portion of that further redistribution allocated to
5    purses at that organization licensee to be divided between
6    standardbred purses and thoroughbred purses based on the
7    amounts otherwise allocated to purses at that organization
8    licensee during the calendar year in question; and (iv) 8%
9    of the pari-mutuel handle on inter-track wagering wagered
10    at such location to satisfy all costs and expenses of
11    conducting its wagering. The remainder of the monies
12    retained by the inter-track wagering location licensee
13    shall be allocated 40% to the location licensee and 60% to
14    the organization licensee which provides the Illinois
15    races to the location, except that an inter-track wagering
16    location licensee that derives its license from a track
17    located in a county with a population in excess of 230,000
18    and that borders the Mississippi River shall not divide
19    any remaining retention with the organization licensee
20    that provides the race or races and an inter-track
21    wagering location licensee that accepts wagers on races
22    conducted by an organization licensee that conducts a race
23    meet in a county with a population in excess of 230,000 and
24    that borders the Mississippi River shall not divide any
25    remaining retention with the organization licensee.
26    Notwithstanding the provisions of clauses (ii) and (iv) of

 

 

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1    this paragraph, in the case of the additional inter-track
2    wagering location licenses authorized under paragraph (1)
3    of this subsection (h) by Public Act 87-110, those
4    licensees shall pay the following amounts as purses:
5    during the first 12 months the licensee is in operation,
6    5.25% of the pari-mutuel handle wagered at the location on
7    races; during the second 12 months, 5.25%; during the
8    third 12 months, 5.75%; during the fourth 12 months,
9    6.25%; and during the fifth 12 months and thereafter,
10    6.75%. The following amounts shall be retained by the
11    licensee to satisfy all costs and expenses of conducting
12    its wagering: during the first 12 months the licensee is
13    in operation, 8.25% of the pari-mutuel handle wagered at
14    the location; during the second 12 months, 8.25%; during
15    the third 12 months, 7.75%; during the fourth 12 months,
16    7.25%; and during the fifth 12 months and thereafter,
17    6.75%. For additional inter-track wagering location
18    licensees authorized under Public Act 89-16, purses for
19    the first 12 months the licensee is in operation shall be
20    5.75% of the pari-mutuel wagered at the location, purses
21    for the second 12 months the licensee is in operation
22    shall be 6.25%, and purses thereafter shall be 6.75%. For
23    additional inter-track location licensees authorized under
24    Public Act 89-16, the licensee shall be allowed to retain
25    to satisfy all costs and expenses: 7.75% of the
26    pari-mutuel handle wagered at the location during its

 

 

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1    first 12 months of operation, 7.25% during its second 12
2    months of operation, and 6.75% 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 by
17    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 committee
23        appointed by the Governor consisting of the following
24        members: the Director of Agriculture, who shall serve
25        as chairman; 2 representatives of organization
26        licensees conducting thoroughbred race meetings in

 

 

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1        this State, recommended by those licensees; 2
2        representatives of organization licensees conducting
3        standardbred race meetings in this State, recommended
4        by those licensees; a representative of the Illinois
5        Thoroughbred Breeders and Owners Foundation,
6        recommended by that Foundation; a representative of
7        the Illinois Standardbred Owners and Breeders
8        Association, recommended by that Association; a
9        representative of the Horsemen's Benevolent and
10        Protective Association or any successor organization
11        thereto established in Illinois comprised of the
12        largest number of owners and trainers, recommended by
13        that Association or that successor organization; and a
14        representative of the Illinois Harness Horsemen's
15        Association, recommended by that Association.
16        Committee members shall serve for terms of 2 years,
17        commencing January 1 of each even-numbered year. If a
18        representative of any of the above-named entities has
19        not been recommended by January 1 of any even-numbered
20        year, the Governor shall appoint a committee member to
21        fill that position. Committee members shall receive no
22        compensation for their services as members but shall
23        be reimbursed for all actual and necessary expenses
24        and disbursements incurred in the performance of their
25        official duties. The remaining 50% of this
26        two-sevenths shall be distributed to county fairs for

 

 

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1        premiums and rehabilitation as set forth in the
2        Agricultural Fair Act;
3            Four-sevenths to park districts or municipalities
4        that do not have a park district of 500,000 population
5        or less for museum purposes (if an inter-track
6        wagering location licensee is located in such a park
7        district) or to conservation districts for museum
8        purposes (if an inter-track wagering location licensee
9        is located in a municipality that is not included
10        within any park district but is included within a
11        conservation district and is the county seat of a
12        county that (i) is contiguous to the state of Indiana
13        and (ii) has a 1990 population of 88,257 according to
14        the United States Bureau of the Census, except that if
15        the conservation district does not maintain a museum,
16        the monies shall be allocated equally between the
17        county and the municipality in which the inter-track
18        wagering location licensee is located for general
19        purposes) or to a municipal recreation board for park
20        purposes (if an inter-track wagering location licensee
21        is located in a municipality that is not included
22        within any park district and park maintenance is the
23        function of the municipal recreation board and the
24        municipality has a 1990 population of 9,302 according
25        to the United States Bureau of the Census); provided
26        that the monies are distributed to each park district

 

 

10400HB2724sam001- 65 -LRB104 12064 JDS 29513 a

1        or conservation district or municipality that does not
2        have a park district in an amount equal to
3        four-sevenths of the amount collected by each
4        inter-track wagering location licensee within the park
5        district or conservation district or municipality for
6        the Fund. Monies that were paid into the Horse Racing
7        Tax Allocation Fund before August 9, 1991 (the
8        effective date of Public Act 87-110) by an inter-track
9        wagering location licensee located in a municipality
10        that is not included within any park district but is
11        included within a conservation district as provided in
12        this paragraph shall, as soon as practicable after
13        August 9, 1991 (the effective date of Public Act
14        87-110), be allocated and paid to that conservation
15        district as provided in this paragraph. Any park
16        district or municipality not maintaining a museum may
17        deposit the monies in the corporate fund of the park
18        district or municipality where the inter-track
19        wagering location is located, to be used for general
20        purposes; and
21            One-seventh to the Agricultural Premium Fund to be
22        used for distribution to agricultural home economics
23        extension councils in accordance with "An Act in
24        relation to additional support and finances for the
25        Agricultural and Home Economic Extension Councils in
26        the several counties of this State and making an

 

 

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1        appropriation therefor", approved July 24, 1967.
2        Until January 1, 2000, all other monies paid into the
3    Horse Racing Tax Allocation Fund pursuant to this
4    paragraph (11) shall be allocated by appropriation as
5    follows:
6            Two-sevenths to the Department of Agriculture.
7        Fifty percent of this two-sevenths shall be used to
8        promote the Illinois horse racing and breeding
9        industry, and shall be distributed by the Department
10        of Agriculture upon the advice of a 9-member committee
11        appointed by the Governor consisting of the following
12        members: the Director of Agriculture, who shall serve
13        as chairman; 2 representatives of organization
14        licensees conducting thoroughbred race meetings in
15        this State, recommended by those licensees; 2
16        representatives of organization licensees conducting
17        standardbred race meetings in this State, recommended
18        by those licensees; a representative of the Illinois
19        Thoroughbred Breeders and Owners Foundation,
20        recommended by that Foundation; a representative of
21        the Illinois Standardbred Owners and Breeders
22        Association, recommended by that Association; a
23        representative of the Horsemen's Benevolent and
24        Protective Association or any successor organization
25        thereto established in Illinois comprised of the
26        largest number of owners and trainers, recommended by

 

 

10400HB2724sam001- 67 -LRB104 12064 JDS 29513 a

1        that Association or that successor organization; and a
2        representative of the Illinois Harness Horsemen's
3        Association, recommended by that Association.
4        Committee members shall serve for terms of 2 years,
5        commencing January 1 of each even-numbered year. If a
6        representative of any of the above-named entities has
7        not been recommended by January 1 of any even-numbered
8        year, the Governor shall appoint a committee member to
9        fill that position. Committee members shall receive no
10        compensation for their services as members but shall
11        be reimbursed for all actual and necessary expenses
12        and disbursements incurred in the performance of their
13        official duties. The remaining 50% of this
14        two-sevenths shall be distributed to county fairs for
15        premiums and rehabilitation as set forth in the
16        Agricultural Fair Act;
17            Four-sevenths to museums and aquariums located in
18        park districts of over 500,000 population; provided
19        that the monies are distributed in accordance with the
20        previous year's distribution of the maintenance tax
21        for such museums and aquariums as provided in Section
22        2 of the Park District Aquarium and Museum Act; and
23            One-seventh to the Agricultural Premium Fund to be
24        used for distribution to agricultural home economics
25        extension councils in accordance with "An Act in
26        relation to additional support and finances for the

 

 

10400HB2724sam001- 68 -LRB104 12064 JDS 29513 a

1        Agricultural and Home Economic Extension Councils in
2        the several counties of this State and making an
3        appropriation therefor", approved July 24, 1967. This
4        subparagraph (C) shall be inoperative and of no force
5        and effect on and after January 1, 2000.
6            (D) Except as provided in paragraph (11) of this
7        subsection (h), with respect to purse allocation from
8        inter-track wagering, the monies so retained shall be
9        divided as follows:
10                (i) If the inter-track wagering licensee,
11            except an inter-track wagering licensee that
12            derives its license from an organization licensee
13            located in a county with a population in excess of
14            230,000 and bounded by the Mississippi River, is
15            not conducting its own race meeting during the
16            same dates, then the entire purse allocation shall
17            be to purses at the track where the races wagered
18            on are being conducted.
19                (ii) If the inter-track wagering licensee,
20            except an inter-track wagering licensee that
21            derives its license from an organization licensee
22            located in a county with a population in excess of
23            230,000 and bounded by the Mississippi River, is
24            also conducting its own race meeting during the
25            same dates, then the purse allocation shall be as
26            follows: 50% to purses at the track where the

 

 

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1            races wagered on are being conducted; 50% to
2            purses at the track where the inter-track wagering
3            licensee is accepting such wagers.
4                (iii) If the inter-track wagering is being
5            conducted by an inter-track wagering location
6            licensee, except an inter-track wagering location
7            licensee that derives its license from an
8            organization licensee located in a county with a
9            population in excess of 230,000 and bounded by the
10            Mississippi River, the entire purse allocation for
11            Illinois races shall be to purses at the track
12            where the race meeting being wagered on is being
13            held.
14        (12) The Board shall have all powers necessary and
15    proper to fully supervise and control the conduct of
16    inter-track wagering and simulcast wagering by inter-track
17    wagering licensees and inter-track wagering location
18    licensees, including, but not limited to, the following:
19            (A) The Board is vested with power to promulgate
20        reasonable rules and regulations for the purpose of
21        administering the conduct of this wagering and to
22        prescribe reasonable rules, regulations and conditions
23        under which such wagering shall be held and conducted.
24        Such rules and regulations are to provide for the
25        prevention of practices detrimental to the public
26        interest and for the best interests of said wagering

 

 

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1        and to impose penalties for violations thereof.
2            (B) The Board, and any person or persons to whom it
3        delegates this power, is vested with the power to
4        enter the facilities of any licensee to determine
5        whether there has been compliance with the provisions
6        of this Act and the rules and regulations relating to
7        the conduct of such wagering.
8            (C) The Board, and any person or persons to whom it
9        delegates this power, may eject or exclude from any
10        licensee's facilities, any person whose conduct or
11        reputation is such that his presence on such premises
12        may, in the opinion of the Board, call into the
13        question the honesty and integrity of, or interfere
14        with the orderly conduct of such wagering; provided,
15        however, that no person shall be excluded or ejected
16        from such premises solely on the grounds of race,
17        color, creed, national origin, ancestry, or sex.
18            (D) (Blank).
19            (E) The Board is vested with the power to appoint
20        delegates to execute any of the powers granted to it
21        under this Section for the purpose of administering
22        this wagering and any rules and regulations
23        promulgated in accordance with this Act.
24            (F) The Board shall name and appoint a State
25        director of this wagering who shall be a
26        representative of the Board and whose duty it shall be

 

 

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1        to supervise the conduct of inter-track wagering as
2        may be provided for by the rules and regulations of the
3        Board; such rules and regulation shall specify the
4        method of appointment and the Director's powers,
5        authority and duties. The Board may appoint the
6        Director of Mutuels to also serve as the State
7        director of this wagering.
8            (G) The Board is vested with the power to impose
9        civil penalties of up to $5,000 against individuals
10        and up to $10,000 against licensees for each violation
11        of any provision of this Act relating to the conduct of
12        this wagering, any rules adopted by the Board, any
13        order of the Board or any other action which in the
14        Board's discretion, is a detriment or impediment to
15        such wagering.
16        (13) The Department of Agriculture may enter into
17    agreements with licensees authorizing such licensees to
18    conduct inter-track wagering on races to be held at the
19    licensed race meetings conducted by the Department of
20    Agriculture. Such agreement shall specify the races of the
21    Department of Agriculture's licensed race meeting upon
22    which the licensees will conduct wagering. In the event
23    that a licensee conducts inter-track pari-mutuel wagering
24    on races from the Illinois State Fair or DuQuoin State
25    Fair which are in addition to the licensee's previously
26    approved racing program, those races shall be considered a

 

 

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1    separate racing day for the purpose of determining the
2    daily handle and computing the privilege or pari-mutuel
3    tax on that daily handle as provided in Sections 27 and
4    27.1. Such agreements shall be approved by the Board
5    before such wagering may be conducted. In determining
6    whether to grant approval, the Board shall give due
7    consideration to the best interests of the public and of
8    horse racing. The provisions of paragraphs (1), (8),
9    (8.1), and (8.2) of subsection (h) of this Section which
10    are not specified in this paragraph (13) shall not apply
11    to licensed race meetings conducted by the Department of
12    Agriculture at the Illinois State Fair in Sangamon County
13    or the DuQuoin State Fair in Perry County, or to any
14    wagering conducted on those race meetings.
15        (14) An inter-track wagering location license
16    authorized by the Board in 2016 that is owned and operated
17    by a race track in Rock Island County shall be transferred
18    to a commonly owned race track in Cook County on August 12,
19    2016 (the effective date of Public Act 99-757). The
20    licensee shall retain its status in relation to purse
21    distribution under paragraph (11) of this subsection (h)
22    following the transfer to the new entity. The pari-mutuel
23    tax credit under Section 32.1 shall not be applied toward
24    any pari-mutuel tax obligation of the inter-track wagering
25    location licensee of the license that is transferred under
26    this paragraph (14).

 

 

10400HB2724sam001- 73 -LRB104 12064 JDS 29513 a

1    (i) Notwithstanding the other provisions of this Act, the
2conduct of wagering at wagering facilities is authorized on
3all days, except as limited by subsection (b) of Section 19 of
4this Act.
5(Source: P.A. 104-185, eff. 8-15-25.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".