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1 | AN ACT concerning gaming.
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2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Horse Racing Act of 1975 is amended | |||||||||||||||||||||||||
5 | by changing Sections 19, 20.1, 21, and 26 as follows:
| |||||||||||||||||||||||||
6 | (230 ILCS 5/19) (from Ch. 8, par. 37-19)
| |||||||||||||||||||||||||
7 | Sec. 19.
(a) No organization license may be granted to | |||||||||||||||||||||||||
8 | conduct a
horse race meeting:
| |||||||||||||||||||||||||
9 | (1) except as provided in subsection (c) of Section 21 | |||||||||||||||||||||||||
10 | of this Act,
to any person at any place within 5 35 miles | |||||||||||||||||||||||||
11 | of any other place
licensed by the Board to hold a race | |||||||||||||||||||||||||
12 | meeting on the same date during the
same hours,
the mileage
| |||||||||||||||||||||||||
13 | measurement used in this subsection (a) shall be certified | |||||||||||||||||||||||||
14 | to the Board by
the Bureau of
Systems and Services in the | |||||||||||||||||||||||||
15 | Illinois Department of Transportation as the
most commonly | |||||||||||||||||||||||||
16 | used public way of vehicular travel;
| |||||||||||||||||||||||||
17 | (2) to any person in default in the payment of any | |||||||||||||||||||||||||
18 | obligation or
debt due the State under this Act, provided | |||||||||||||||||||||||||
19 | no applicant shall be deemed
in default in the payment of | |||||||||||||||||||||||||
20 | any obligation or debt due to the State
under this Act as | |||||||||||||||||||||||||
21 | long as there is pending a hearing of any kind
relevant to | |||||||||||||||||||||||||
22 | such matter;
| |||||||||||||||||||||||||
23 | (3) to any person who has been convicted of the |
| |||||||
| |||||||
1 | violation of any law
of the United States or any State law | ||||||
2 | which provided as all or part of
its penalty imprisonment | ||||||
3 | in any penal institution; to any person against
whom there | ||||||
4 | is pending a Federal or State criminal charge; to any | ||||||
5 | person
who is or has been connected with or engaged in the | ||||||
6 | operation of any
illegal business; to any person who does | ||||||
7 | not enjoy a general reputation
in his community of being an | ||||||
8 | honest, upright, law-abiding person;
provided that none of | ||||||
9 | the matters set forth in this subparagraph (3)
shall make | ||||||
10 | any person ineligible to be granted an organization license
| ||||||
11 | if the Board determines, based on circumstances of any such | ||||||
12 | case, that
the granting of a license would not be | ||||||
13 | detrimental to the interests of
horse racing and of the | ||||||
14 | public;
| ||||||
15 | (4) to any person who does not at the time of | ||||||
16 | application for the
organization license own or have a | ||||||
17 | contract or lease for the possession
of a finished race | ||||||
18 | track suitable for the type of racing intended to be
held | ||||||
19 | by the applicant and for the accommodation of the public.
| ||||||
20 | (b) Horse racing on Sunday shall be prohibited unless | ||||||
21 | authorized by
ordinance or referendum of the municipality in | ||||||
22 | which a race track or any
of its appurtenances or facilities | ||||||
23 | are located, or utilized.
| ||||||
24 | (c) If any person is ineligible to receive an
organization
| ||||||
25 | license because of any of the matters set forth in subsection | ||||||
26 | (a) (2) or
subsection (a) (3) of this Section, any other or |
| |||||||
| |||||||
1 | separate person that
either (i) controls, directly or | ||||||
2 | indirectly, such ineligible person
or (ii) is controlled, | ||||||
3 | directly or indirectly, by such ineligible
person or by a | ||||||
4 | person which controls, directly or indirectly, such
ineligible | ||||||
5 | person shall also be ineligible.
| ||||||
6 | (Source: P.A. 88-495; 89-16, eff. 5-30-95.)
| ||||||
7 | (230 ILCS 5/20.1)
| ||||||
8 | Sec. 20.1. Authority of licensees.
| ||||||
9 | (a) Notwithstanding anything in this Act
to the contrary, | ||||||
10 | an organization licensee shall have authority to:
| ||||||
11 | (1) determine prices charged for goods and services;
| ||||||
12 | (2) determine prices charged for wagering products, | ||||||
13 | subject to Sections 26
and 26.2 of this Act;
| ||||||
14 | (3) determine its hours of operation, subject to at | ||||||
15 | least 30 days prior
notice to the Board if such hours are | ||||||
16 | different than provided such licensee's
racing dates | ||||||
17 | application; and
| ||||||
18 | (4) determine and set hours of operation and days of | ||||||
19 | operation for intertrack wagering under an intertrack | ||||||
20 | wagering license and intertrack wagering location license; | ||||||
21 | (5) determine wagering on simulcast programs on | ||||||
22 | out-of-state races at wagering facilities at which | ||||||
23 | intertrack wagering and intertrack wagering location | ||||||
24 | licensees owned by the organization licensee conduct | ||||||
25 | business; and
|
| |||||||
| |||||||
1 | (6) (4) otherwise manage its business operations.
| ||||||
2 | (b) The Board may disapprove of any business practices by | ||||||
3 | organization
licensees identified in subsection (a) of this | ||||||
4 | Section if the Board finds that
such practices are detrimental | ||||||
5 | to the public interest.
| ||||||
6 | (Source: P.A. 91-40, eff. 6-25-99.)
| ||||||
7 | (230 ILCS 5/21) (from Ch. 8, par. 37-21)
| ||||||
8 | Sec. 21.
(a) Applications for organization licenses must be | ||||||
9 | filed with
the Board at a time and place prescribed by the | ||||||
10 | rules and regulations of
the Board. The Board shall examine the | ||||||
11 | applications within 21 days
after
the date allowed for filing | ||||||
12 | with respect to their conformity with this Act
and such rules | ||||||
13 | and regulations as may be prescribed by the Board. If any
| ||||||
14 | application does not comply with this Act or the rules and | ||||||
15 | regulations
prescribed by the Board, such application may be | ||||||
16 | rejected and an
organization license refused to the applicant, | ||||||
17 | or the Board may, within 21
days of the receipt of such | ||||||
18 | application, advise the applicant of the
deficiencies of the | ||||||
19 | application under the Act or the rules and regulations of
the | ||||||
20 | Board,
and require the submittal of an amended application | ||||||
21 | within a reasonable time
determined by the Board; and upon | ||||||
22 | submittal of the amended application by the
applicant, the | ||||||
23 | Board may consider the
application consistent with the process | ||||||
24 | described in subsection (e-5) of
Section 20 of this Act. If it
| ||||||
25 | is found to be in compliance with this Act and the rules and |
| |||||||
| |||||||
1 | regulations of
the Board, the Board may then issue an | ||||||
2 | organization license to such applicant.
| ||||||
3 | (b) The Board may exercise discretion in granting racing
| ||||||
4 | dates to qualified applicants different from those requested by | ||||||
5 | the
applicants in their
applications. However, if all eligible | ||||||
6 | applicants for organization
licenses whose tracks are located | ||||||
7 | within 100 miles of each other execute
and submit to the Board | ||||||
8 | a written agreement among such applicants as to
the award of | ||||||
9 | racing dates, including where applicable racing
programs, for
| ||||||
10 | up to 3 consecutive years, then subject to annual review of | ||||||
11 | each
applicant's compliance with Board rules and regulations, | ||||||
12 | provisions of this
Act and conditions contained in annual dates | ||||||
13 | orders issued by the Board,
the Board may grant such dates and | ||||||
14 | programs
to such applicants
as so agreed by them if the Board | ||||||
15 | determines that the grant of these racing
dates is in the best
| ||||||
16 | interests of racing. The Board shall treat any such agreement | ||||||
17 | as the
agreement signatories' joint and several application for | ||||||
18 | racing dates
during the term of the agreement.
| ||||||
19 | (c) Where 2 or more applicants propose to conduct horse
| ||||||
20 | race meetings within 5 35 miles of each other, as certified to | ||||||
21 | the Board
under Section 19 (a) (1) of this Act, on conflicting | ||||||
22 | dates, the Board may
determine and grant the number of racing | ||||||
23 | days to be awarded to
the several
applicants in accordance with | ||||||
24 | the provisions of subsection (e-5) of Section
20 of this
Act.
| ||||||
25 | (d) (Blank).
| ||||||
26 | (e) Prior to the issuance of an organization license, the |
| |||||||
| |||||||
1 | applicant
shall file with the Board a bond payable to the State | ||||||
2 | of Illinois in the
sum of $200,000, executed by the applicant | ||||||
3 | and a surety company or
companies authorized to do business in | ||||||
4 | this State, and conditioned upon the
payment by the | ||||||
5 | organization licensee of all taxes due under Section 27,
other | ||||||
6 | monies due and payable under this Act, all purses due and | ||||||
7 | payable,
and that the organization licensee will upon | ||||||
8 | presentation of the winning
ticket or
tickets distribute all | ||||||
9 | sums due to the patrons of pari-mutuel pools.
| ||||||
10 | (f) Each organization license shall specify the person to | ||||||
11 | whom it is
issued, the dates upon which horse racing is | ||||||
12 | permitted, and the location,
place, track, or enclosure where | ||||||
13 | the horse race meeting is to be held.
| ||||||
14 | (g) Any person who owns one or more race tracks
within the | ||||||
15 | State
may seek, in its own name, a separate organization | ||||||
16 | license
for each race track.
| ||||||
17 | (h) All racing conducted under such organization license is | ||||||
18 | subject to
this Act and to the rules and regulations from time | ||||||
19 | to time prescribed by
the Board, and every such organization | ||||||
20 | license issued by the Board shall
contain a recital to that | ||||||
21 | effect.
| ||||||
22 | (i) Each such organization licensee may provide
that at | ||||||
23 | least one race per day may be devoted to
the racing of quarter | ||||||
24 | horses, appaloosas, arabians, or paints.
| ||||||
25 | (j) In acting on applications for organization licenses, | ||||||
26 | the Board shall
give weight to an organization license which |
| |||||||
| |||||||
1 | has
implemented a good faith affirmative
action effort to | ||||||
2 | recruit, train and upgrade minorities in all classifications
| ||||||
3 | within the organization license.
| ||||||
4 | (Source: P.A. 90-754, eff. 1-1-99; 91-40, eff. 6-25-99.)
| ||||||
5 | (230 ILCS 5/26) (from Ch. 8, par. 37-26)
| ||||||
6 | Sec. 26. Wagering.
| ||||||
7 | (a) Any licensee may conduct and supervise the pari-mutuel | ||||||
8 | system of
wagering, as defined in Section 3.12 of this Act, on | ||||||
9 | horse races conducted by
an Illinois organization
licensee or | ||||||
10 | conducted at a racetrack located in another state or country | ||||||
11 | and
televised in Illinois in accordance with subsection (g) of | ||||||
12 | Section 26 of this
Act. Subject to the prior consent of the | ||||||
13 | Board, licensees may supplement any
pari-mutuel pool in order | ||||||
14 | to guarantee a minimum distribution. Such
pari-mutuel method of | ||||||
15 | wagering shall not,
under any circumstances if conducted under | ||||||
16 | the provisions of this Act,
be held or construed to be | ||||||
17 | unlawful, other statutes of this State to the
contrary | ||||||
18 | notwithstanding.
Subject to rules for advance wagering | ||||||
19 | promulgated by the Board, any
licensee
may accept wagers in | ||||||
20 | advance of the day of
the race wagered upon occurs.
| ||||||
21 | (b) No other method of betting, pool making, wagering or
| ||||||
22 | gambling shall be used or permitted by the licensee. Each | ||||||
23 | licensee
may retain, subject to the payment of all applicable
| ||||||
24 | taxes and purses, an amount not to exceed 17% of all money | ||||||
25 | wagered
under subsection (a) of this Section, except as may |
| |||||||
| |||||||
1 | otherwise be permitted
under this Act.
| ||||||
2 | (b-5) An individual may place a wager under the pari-mutuel | ||||||
3 | system from
any licensed location authorized under this Act | ||||||
4 | provided that wager is
electronically recorded in the manner | ||||||
5 | described in Section 3.12 of this Act.
Any wager made | ||||||
6 | electronically by an individual while physically on the | ||||||
7 | premises
of a licensee shall be deemed to have been made at the | ||||||
8 | premises of that
licensee.
| ||||||
9 | (c) Until January 1, 2000, the sum held by any licensee for | ||||||
10 | payment of
outstanding pari-mutuel tickets, if unclaimed prior | ||||||
11 | to December 31 of the
next year, shall be retained by the | ||||||
12 | licensee for payment of
such tickets until that date. Within 10 | ||||||
13 | days thereafter, the balance of
such sum remaining unclaimed, | ||||||
14 | less any uncashed supplements contributed by such
licensee for | ||||||
15 | the purpose of guaranteeing minimum distributions
of any | ||||||
16 | pari-mutuel pool, shall be
paid to the
Illinois
Veterans'
| ||||||
17 | Rehabilitation Fund of the State treasury, except as provided | ||||||
18 | in subsection
(g) of Section 27 of this Act.
| ||||||
19 | (c-5) Beginning January 1, 2000, the sum held by any | ||||||
20 | licensee for payment
of
outstanding pari-mutuel tickets, if | ||||||
21 | unclaimed prior to December 31 of the
next year, shall be | ||||||
22 | retained by the licensee for payment of
such tickets until that | ||||||
23 | date. Within 10 days thereafter, the balance of
such sum | ||||||
24 | remaining unclaimed, less any uncashed supplements contributed | ||||||
25 | by such
licensee for the purpose of guaranteeing minimum | ||||||
26 | distributions
of any pari-mutuel pool, shall be evenly |
| |||||||
| |||||||
1 | distributed to the purse account of
the organization licensee | ||||||
2 | and the organization licensee.
| ||||||
3 | (d) A pari-mutuel ticket shall be honored until December 31 | ||||||
4 | of the
next calendar year, and the licensee shall pay the same | ||||||
5 | and may
charge the amount thereof against unpaid money | ||||||
6 | similarly accumulated on account
of pari-mutuel tickets not | ||||||
7 | presented for payment.
| ||||||
8 | (e) No licensee shall knowingly permit any minor, other
| ||||||
9 | than an employee of such licensee or an owner, trainer,
jockey, | ||||||
10 | driver, or employee thereof, to be admitted during a racing
| ||||||
11 | program unless accompanied by a parent or guardian, or any | ||||||
12 | minor to be a
patron of the pari-mutuel system of wagering | ||||||
13 | conducted or
supervised by it. The admission of any | ||||||
14 | unaccompanied minor, other than
an employee of the licensee or | ||||||
15 | an owner, trainer, jockey,
driver, or employee thereof at a | ||||||
16 | race track is a Class C
misdemeanor.
| ||||||
17 | (f) Notwithstanding the other provisions of this Act, an
| ||||||
18 | organization licensee may contract
with an entity in another | ||||||
19 | state or country to permit any legal
wagering entity in another | ||||||
20 | state or country to accept wagers solely within
such other | ||||||
21 | state or country on races conducted by the organization | ||||||
22 | licensee
in this State.
Beginning January 1, 2000, these wagers
| ||||||
23 | shall not be subject to State
taxation. Until January 1, 2000,
| ||||||
24 | when the out-of-State entity conducts a pari-mutuel pool
| ||||||
25 | separate from the organization licensee, a privilege tax equal | ||||||
26 | to 7 1/2% of
all monies received by the organization licensee |
| |||||||
| |||||||
1 | from entities in other states
or countries pursuant to such | ||||||
2 | contracts is imposed on the organization
licensee, and such | ||||||
3 | privilege tax shall be remitted to the
Department of Revenue
| ||||||
4 | within 48 hours of receipt of the moneys from the simulcast. | ||||||
5 | When the
out-of-State entity conducts a
combined pari-mutuel | ||||||
6 | pool with the organization licensee, the tax shall be 10%
of | ||||||
7 | all monies received by the organization licensee with 25% of | ||||||
8 | the
receipts from this 10% tax to be distributed to the county
| ||||||
9 | in which the race was conducted.
| ||||||
10 | An organization licensee may permit one or more of its | ||||||
11 | races to be
utilized for
pari-mutuel wagering at one or more | ||||||
12 | locations in other states and may
transmit audio and visual | ||||||
13 | signals of races the organization licensee
conducts to one or
| ||||||
14 | more locations outside the State or country and may also permit | ||||||
15 | pari-mutuel
pools in other states or countries to be combined | ||||||
16 | with its gross or net
wagering pools or with wagering pools | ||||||
17 | established by other states.
| ||||||
18 | (g) A host track may accept interstate simulcast wagers on
| ||||||
19 | horse
races conducted in other states or countries and shall | ||||||
20 | control the
number of signals and types of breeds of racing in | ||||||
21 | its simulcast program,
subject to the disapproval of the Board. | ||||||
22 | The Board may prohibit a simulcast
program only if it finds | ||||||
23 | that the simulcast program is clearly
adverse to the integrity | ||||||
24 | of racing. The host track
simulcast program shall
include the | ||||||
25 | signal of live racing of all organization licensees.
All | ||||||
26 | non-host licensees and advance deposit wagering licensees |
| |||||||
| |||||||
1 | shall carry the signal of and accept wagers on live racing of | ||||||
2 | all organization licensees. Advance deposit wagering licensees | ||||||
3 | shall not be permitted to accept out-of-state wagers on any | ||||||
4 | Illinois signal provided pursuant to this Section without the | ||||||
5 | approval and consent of the organization licensee providing the | ||||||
6 | signal. Non-host licensees may carry the host track simulcast | ||||||
7 | program and
may shall accept wagers on all races included as | ||||||
8 | part of the simulcast
program upon which wagering is permitted.
| ||||||
9 | All organization licensees shall provide their live signal to | ||||||
10 | all advance deposit wagering licensees for a simulcast | ||||||
11 | commission fee not to exceed 6% of the advance deposit wagering | ||||||
12 | licensee's Illinois handle on the organization licensee's | ||||||
13 | signal without prior approval by the Board. The Board may adopt | ||||||
14 | rules under which it may permit simulcast commission fees in | ||||||
15 | excess of 6%. The Board shall adopt rules limiting the | ||||||
16 | interstate commission fees charged to an advance deposit | ||||||
17 | wagering licensee. The Board shall adopt rules regarding | ||||||
18 | advance deposit wagering on interstate simulcast races that | ||||||
19 | shall reflect, among other things, the General Assembly's | ||||||
20 | desire to maximize revenues to the State, horsemen purses, and | ||||||
21 | organizational licensees. However, organization licensees | ||||||
22 | providing live signals pursuant to the requirements of this | ||||||
23 | subsection (g) may petition the Board to withhold their live | ||||||
24 | signals from an advance deposit wagering licensee if the | ||||||
25 | organization licensee discovers and the Board finds reputable | ||||||
26 | or credible information that the advance deposit wagering |
| |||||||
| |||||||
1 | licensee is under investigation by another state or federal | ||||||
2 | governmental agency, the advance deposit wagering licensee's | ||||||
3 | license has been suspended in another state, or the advance | ||||||
4 | deposit wagering licensee's license is in revocation | ||||||
5 | proceedings in another state. The organization licensee's | ||||||
6 | provision of their live signal to an advance deposit wagering | ||||||
7 | licensee under this subsection (g) pertains to wagers placed | ||||||
8 | from within Illinois. Advance deposit wagering licensees may | ||||||
9 | place advance deposit wagering terminals at wagering | ||||||
10 | facilities as a convenience to customers. The advance deposit | ||||||
11 | wagering licensee shall not charge or collect any fee from | ||||||
12 | purses for the placement of the advance deposit wagering | ||||||
13 | terminals. The costs and expenses
of the host track and | ||||||
14 | non-host licensees associated
with interstate simulcast
| ||||||
15 | wagering, other than the interstate
commission fee, shall be | ||||||
16 | borne by the host track and all
non-host licensees
incurring | ||||||
17 | these costs.
The interstate commission fee shall not exceed 5% | ||||||
18 | of Illinois handle on the
interstate simulcast race or races | ||||||
19 | without prior approval of the Board. The
Board shall promulgate | ||||||
20 | rules under which it may permit
interstate commission
fees in | ||||||
21 | excess of 5%. The interstate commission
fee and other fees | ||||||
22 | charged by the sending racetrack, including, but not
limited | ||||||
23 | to, satellite decoder fees, shall be uniformly applied
to the | ||||||
24 | host track and all non-host licensees.
| ||||||
25 | Notwithstanding any other provision of this Act, for a | ||||||
26 | period of 3 years after the effective date of this amendatory |
| |||||||
| |||||||
1 | Act of the 96th General Assembly, an organization licensee may | ||||||
2 | maintain a system whereby advance deposit wagering may take | ||||||
3 | place or an organization licensee, with the consent of the | ||||||
4 | horsemen association representing the largest number of | ||||||
5 | owners, trainers, jockeys, or standardbred drivers who race | ||||||
6 | horses at that organization licensee's racing meeting, may | ||||||
7 | contract with another person to carry out a system of advance | ||||||
8 | deposit wagering. Such consent may not be unreasonably | ||||||
9 | withheld. All advance deposit wagers placed from within | ||||||
10 | Illinois must be placed through a Board-approved advance | ||||||
11 | deposit wagering licensee; no other entity may accept an | ||||||
12 | advance deposit wager from a person within Illinois. All | ||||||
13 | advance deposit wagering is subject to any rules adopted by the | ||||||
14 | Board. The Board may adopt rules necessary to regulate advance | ||||||
15 | deposit wagering through the use of emergency rulemaking in | ||||||
16 | accordance with Section 5-45 of the Illinois Administrative | ||||||
17 | Procedure Act. The General Assembly finds that the adoption of | ||||||
18 | rules to regulate advance deposit wagering is deemed an | ||||||
19 | emergency and necessary for the public interest, safety, and | ||||||
20 | welfare. An advance deposit wagering licensee may retain all | ||||||
21 | moneys as agreed to by contract with an organization licensee. | ||||||
22 | Any moneys retained by the organization licensee from advance | ||||||
23 | deposit wagering, not including moneys retained by the advance | ||||||
24 | deposit wagering licensee, shall be paid 50% to the | ||||||
25 | organization licensee's purse account and 50% to the | ||||||
26 | organization licensee. If more than one breed races at the same |
| |||||||
| |||||||
1 | race track facility, then the 50% of the moneys to be paid to | ||||||
2 | an organization licensee's purse account shall be allocated | ||||||
3 | among all organization licensees' purse accounts operating at | ||||||
4 | that race track facility proportionately based on the actual | ||||||
5 | number of host days that the Board grants to that breed at that | ||||||
6 | race track facility in the current calendar year. To the extent | ||||||
7 | any fees from advance deposit wagering conducted in Illinois | ||||||
8 | for wagers in Illinois or other states have been placed in | ||||||
9 | escrow or otherwise withheld from wagers pending a | ||||||
10 | determination of the legality of advance deposit wagering, no | ||||||
11 | action shall be brought to declare such wagers or the | ||||||
12 | disbursement of any fees previously escrowed illegal.
| ||||||
13 | (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
| ||||||
14 | intertrack wagering
licensee other than the host track may | ||||||
15 | supplement the host track simulcast
program with | ||||||
16 | additional simulcast races or race programs, provided that | ||||||
17 | between
January 1 and the third Friday in February of any | ||||||
18 | year, inclusive, if no live
thoroughbred racing is | ||||||
19 | occurring in Illinois during this period, only
| ||||||
20 | thoroughbred races may be used
for supplemental interstate | ||||||
21 | simulcast purposes. The Board shall withhold
approval for a | ||||||
22 | supplemental interstate simulcast only if it finds that the
| ||||||
23 | simulcast is clearly adverse to the integrity of racing. A | ||||||
24 | supplemental
interstate simulcast may be transmitted from | ||||||
25 | an intertrack wagering licensee to
its affiliated non-host | ||||||
26 | licensees. The interstate commission fee for a
|
| |||||||
| |||||||
1 | supplemental interstate simulcast shall be paid by the | ||||||
2 | non-host licensee and
its affiliated non-host licensees | ||||||
3 | receiving the simulcast.
| ||||||
4 | (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
| ||||||
5 | intertrack wagering
licensee other than the host track may | ||||||
6 | receive supplemental interstate
simulcasts only with the | ||||||
7 | consent of the host track, except when the Board
finds that | ||||||
8 | the simulcast is
clearly adverse to the integrity of | ||||||
9 | racing. Consent granted under this
paragraph (2) to any | ||||||
10 | intertrack wagering licensee shall be deemed consent to
all | ||||||
11 | non-host licensees. The interstate commission fee for the | ||||||
12 | supplemental
interstate simulcast shall be paid
by all | ||||||
13 | participating non-host licensees.
| ||||||
14 | (3) Each licensee conducting interstate simulcast | ||||||
15 | wagering may retain,
subject to the payment of all | ||||||
16 | applicable taxes and the purses, an amount not to
exceed | ||||||
17 | 17% of all money wagered. If any licensee conducts the | ||||||
18 | pari-mutuel
system wagering on races conducted at | ||||||
19 | racetracks in another state or country,
each such race or | ||||||
20 | race program shall be considered a separate racing day for
| ||||||
21 | the purpose of determining the daily handle and computing | ||||||
22 | the privilege tax of
that daily handle as provided in | ||||||
23 | subsection (a) of Section 27.
Until January 1, 2000,
from | ||||||
24 | the sums permitted to be retained pursuant to this | ||||||
25 | subsection, each
intertrack wagering location licensee | ||||||
26 | shall pay 1% of the pari-mutuel handle
wagered on simulcast |
| |||||||
| |||||||
1 | wagering to the Horse Racing Tax Allocation Fund, subject
| ||||||
2 | to the provisions of subparagraph (B) of paragraph (11) of | ||||||
3 | subsection (h) of
Section 26 of this Act.
| ||||||
4 | (4) A licensee who receives an interstate simulcast may | ||||||
5 | combine its gross
or net pools with pools at the sending | ||||||
6 | racetracks pursuant to rules established
by the Board. All | ||||||
7 | licensees combining their gross pools
at a
sending | ||||||
8 | racetrack shall adopt the take-out percentages of the | ||||||
9 | sending
racetrack.
A licensee may also establish a separate | ||||||
10 | pool and takeout structure for
wagering purposes on races | ||||||
11 | conducted at race tracks outside of the
State of Illinois. | ||||||
12 | The licensee may permit pari-mutuel wagers placed in other
| ||||||
13 | states or
countries to be combined with its gross or net | ||||||
14 | wagering pools or other
wagering pools.
| ||||||
15 | (5) After the payment of the interstate commission fee | ||||||
16 | (except for the
interstate commission
fee on a supplemental | ||||||
17 | interstate simulcast, which shall be paid by the host
track | ||||||
18 | and by each non-host licensee through the host-track) and | ||||||
19 | all applicable
State and local
taxes, except as provided in | ||||||
20 | subsection (g) of Section 27 of this Act, the
remainder of | ||||||
21 | moneys retained from simulcast wagering pursuant to this
| ||||||
22 | subsection (g), and Section 26.2 shall be divided as | ||||||
23 | follows:
| ||||||
24 | (A) For interstate simulcast wagers made at a host | ||||||
25 | track, 50% to the
host
track and 50% to purses at the | ||||||
26 | host track.
|
| |||||||
| |||||||
1 | (B) For wagers placed on interstate simulcast | ||||||
2 | races, supplemental
simulcasts as defined in | ||||||
3 | subparagraphs (1) and (2), and separately pooled races
| ||||||
4 | conducted outside of the State of Illinois made at a | ||||||
5 | non-host
licensee, 25% to the host
track, 25% to the | ||||||
6 | non-host licensee, and 50% to the purses at the host | ||||||
7 | track.
| ||||||
8 | (6) Notwithstanding any provision in this Act to the | ||||||
9 | contrary, non-host
licensees
who derive their licenses | ||||||
10 | from a track located in a county with a population in
| ||||||
11 | excess of 230,000 and that borders the Mississippi River | ||||||
12 | may receive
supplemental interstate simulcast races at all | ||||||
13 | times subject to Board approval,
which shall be withheld | ||||||
14 | only upon a finding that a supplemental interstate
| ||||||
15 | simulcast is clearly adverse to the integrity of racing.
| ||||||
16 | (7) Notwithstanding any provision of this Act to the | ||||||
17 | contrary, after
payment of all applicable State and local | ||||||
18 | taxes and interstate commission fees,
non-host licensees | ||||||
19 | who derive their licenses from a track located in a county
| ||||||
20 | with a population in excess of 230,000 and that borders the | ||||||
21 | Mississippi River
shall retain 50% of the retention from | ||||||
22 | interstate simulcast wagers and shall
pay 50% to purses at | ||||||
23 | the track from which the non-host licensee derives its
| ||||||
24 | license as follows:
| ||||||
25 | (A) Between January 1 and the third Friday in | ||||||
26 | February, inclusive, if no
live thoroughbred racing is |
| |||||||
| |||||||
1 | occurring in Illinois during this period, when the
| ||||||
2 | interstate simulcast is a standardbred race, the purse | ||||||
3 | share to its
standardbred purse account;
| ||||||
4 | (B) Between January 1 and the third Friday in | ||||||
5 | February, inclusive, if no
live thoroughbred racing is | ||||||
6 | occurring in Illinois during this period, and the
| ||||||
7 | interstate simulcast is a thoroughbred race, the purse | ||||||
8 | share to its interstate
simulcast purse pool to be | ||||||
9 | distributed under paragraph (10) of this subsection
| ||||||
10 | (g);
| ||||||
11 | (C) Between January 1 and the third Friday in | ||||||
12 | February, inclusive, if
live thoroughbred racing is | ||||||
13 | occurring in Illinois, between 6:30 a.m. and 6:30
p.m. | ||||||
14 | the purse share from wagers made during this time | ||||||
15 | period to its
thoroughbred purse account and between | ||||||
16 | 6:30 p.m. and 6:30 a.m. the purse share
from wagers | ||||||
17 | made during this time period to its standardbred purse | ||||||
18 | accounts;
| ||||||
19 | (D) Between the third Saturday in February and | ||||||
20 | December 31, when the
interstate simulcast occurs | ||||||
21 | between the hours of 6:30 a.m. and 6:30 p.m., the
purse | ||||||
22 | share to its thoroughbred purse account;
| ||||||
23 | (E) Between the third Saturday in February and | ||||||
24 | December 31, when the
interstate simulcast occurs | ||||||
25 | between the hours of 6:30 p.m. and 6:30 a.m., the
purse | ||||||
26 | share to its standardbred purse account.
|
| |||||||
| |||||||
1 | (7.1) Notwithstanding any other provision of this Act | ||||||
2 | to the contrary,
if
no
standardbred racing is conducted at | ||||||
3 | a racetrack located in Madison County
during any
calendar | ||||||
4 | year beginning on or after January 1, 2002, all
moneys | ||||||
5 | derived by
that racetrack from simulcast wagering and | ||||||
6 | inter-track wagering that (1) are to
be used
for purses and | ||||||
7 | (2) are generated between the hours of 6:30 p.m. and 6:30 | ||||||
8 | a.m.
during that
calendar year shall
be paid as follows:
| ||||||
9 | (A) If the licensee that conducts horse racing at | ||||||
10 | that racetrack
requests from the Board at least as many | ||||||
11 | racing dates as were conducted in
calendar year 2000, | ||||||
12 | 80% shall be paid to its thoroughbred purse account; | ||||||
13 | and
| ||||||
14 | (B) Twenty percent shall be deposited into the | ||||||
15 | Illinois Colt Stakes
Purse
Distribution
Fund and shall | ||||||
16 | be paid to purses for standardbred races for Illinois | ||||||
17 | conceived
and foaled horses conducted at any county | ||||||
18 | fairgrounds.
The moneys deposited into the Fund | ||||||
19 | pursuant to this subparagraph (B) shall be
deposited
| ||||||
20 | within 2
weeks after the day they were generated, shall | ||||||
21 | be in addition to and not in
lieu of any other
moneys | ||||||
22 | paid to standardbred purses under this Act, and shall | ||||||
23 | not be commingled
with other moneys paid into that | ||||||
24 | Fund. The moneys deposited
pursuant to this | ||||||
25 | subparagraph (B) shall be allocated as provided by the
| ||||||
26 | Department of Agriculture, with the advice and |
| |||||||
| |||||||
1 | assistance of the Illinois
Standardbred
Breeders Fund | ||||||
2 | Advisory Board.
| ||||||
3 | (7.2) Notwithstanding any other provision of this Act | ||||||
4 | to the contrary, if
no
thoroughbred racing is conducted at | ||||||
5 | a racetrack located in Madison County
during any
calendar | ||||||
6 | year beginning on or after January 1,
2002, all
moneys | ||||||
7 | derived by
that racetrack from simulcast wagering and | ||||||
8 | inter-track wagering that (1) are to
be used
for purses and | ||||||
9 | (2) are generated between the hours of 6:30 a.m. and 6:30 | ||||||
10 | p.m.
during that
calendar year shall
be deposited as | ||||||
11 | follows:
| ||||||
12 | (A) If the licensee that conducts horse racing at | ||||||
13 | that racetrack
requests from the
Board at least
as many | ||||||
14 | racing dates as were conducted in calendar year 2000, | ||||||
15 | 80%
shall be deposited into its standardbred purse
| ||||||
16 | account; and
| ||||||
17 | (B) Twenty percent shall be deposited into the | ||||||
18 | Illinois Colt Stakes
Purse
Distribution Fund. Moneys | ||||||
19 | deposited into the Illinois Colt Stakes Purse
| ||||||
20 | Distribution Fund
pursuant to this subparagraph (B) | ||||||
21 | shall be paid to Illinois
conceived and foaled | ||||||
22 | thoroughbred breeders' programs
and to thoroughbred | ||||||
23 | purses for races conducted at any county fairgrounds | ||||||
24 | for
Illinois conceived
and foaled horses at the | ||||||
25 | discretion of the
Department of Agriculture, with the | ||||||
26 | advice and assistance of
the Illinois Thoroughbred |
| |||||||
| |||||||
1 | Breeders Fund Advisory
Board. The moneys deposited | ||||||
2 | into the Illinois Colt Stakes Purse Distribution
Fund
| ||||||
3 | pursuant to this subparagraph (B) shall be deposited | ||||||
4 | within 2 weeks
after the day they were generated, shall | ||||||
5 | be in addition to and not in
lieu of any other moneys | ||||||
6 | paid to thoroughbred purses
under this Act, and shall | ||||||
7 | not be commingled with other moneys deposited into
that | ||||||
8 | Fund.
| ||||||
9 | (7.3) If no live standardbred racing is conducted at a | ||||||
10 | racetrack located
in
Madison
County in calendar year 2000 | ||||||
11 | or 2001,
an organization licensee who is licensed
to | ||||||
12 | conduct horse racing at that racetrack shall, before | ||||||
13 | January 1, 2002, pay
all
moneys derived from simulcast | ||||||
14 | wagering and inter-track wagering in calendar
years 2000 | ||||||
15 | and 2001 and
paid into the licensee's standardbred purse | ||||||
16 | account as follows:
| ||||||
17 | (A) Eighty percent to that licensee's thoroughbred | ||||||
18 | purse account to
be used for thoroughbred purses; and
| ||||||
19 | (B) Twenty percent to the Illinois Colt Stakes | ||||||
20 | Purse Distribution
Fund.
| ||||||
21 | Failure to make the payment to the Illinois Colt Stakes | ||||||
22 | Purse Distribution
Fund before January 1, 2002
shall
result | ||||||
23 | in the immediate revocation of the licensee's organization
| ||||||
24 | license, inter-track wagering license, and inter-track | ||||||
25 | wagering location
license.
| ||||||
26 | Moneys paid into the Illinois
Colt Stakes Purse |
| |||||||
| |||||||
1 | Distribution Fund pursuant to this
paragraph (7.3) shall be | ||||||
2 | paid to purses for standardbred
races for Illinois | ||||||
3 | conceived and foaled horses conducted
at any county
| ||||||
4 | fairgrounds.
Moneys paid into the Illinois
Colt Stakes | ||||||
5 | Purse Distribution Fund pursuant to this
paragraph (7.3) | ||||||
6 | shall be used as determined by the
Department of | ||||||
7 | Agriculture, with the advice and assistance of the
Illinois | ||||||
8 | Standardbred Breeders Fund Advisory Board, shall be in | ||||||
9 | addition to
and not in lieu of any other moneys paid to | ||||||
10 | standardbred purses under this Act,
and shall not be | ||||||
11 | commingled
with any other moneys paid into that Fund.
| ||||||
12 | (7.4) If live standardbred racing is conducted at a | ||||||
13 | racetrack located in
Madison
County at any time in calendar | ||||||
14 | year 2001 before the payment required
under
paragraph (7.3) | ||||||
15 | has been made, the organization licensee who is licensed to
| ||||||
16 | conduct
racing at that racetrack shall pay all moneys | ||||||
17 | derived by that racetrack from
simulcast
wagering and | ||||||
18 | inter-track wagering during calendar years 2000 and 2001 | ||||||
19 | that (1)
are to be
used for purses and (2) are generated | ||||||
20 | between the hours of 6:30 p.m. and 6:30
a.m.
during 2000 or | ||||||
21 | 2001 to the standardbred purse account at that
racetrack to
| ||||||
22 | be used for standardbred purses.
| ||||||
23 | (8) Notwithstanding any provision in this Act to the | ||||||
24 | contrary, an
organization licensee from a track located in | ||||||
25 | a county with a population in
excess of 230,000 and that | ||||||
26 | borders the Mississippi River and its affiliated
non-host |
| |||||||
| |||||||
1 | licensees shall not be entitled to share in any retention | ||||||
2 | generated on
racing, inter-track wagering, or simulcast | ||||||
3 | wagering at any other Illinois
wagering facility.
| ||||||
4 | (8.1) Notwithstanding any provisions in this Act to the | ||||||
5 | contrary, if 2
organization licensees
are conducting | ||||||
6 | standardbred race meetings concurrently
between the hours | ||||||
7 | of 6:30 p.m. and 6:30 a.m., after payment of all applicable
| ||||||
8 | State and local taxes and interstate commission fees, the | ||||||
9 | remainder of the
amount retained from simulcast wagering | ||||||
10 | otherwise attributable to the host
track and to host track | ||||||
11 | purses shall be split daily between the 2
organization | ||||||
12 | licensees and the purses at the tracks of the 2 | ||||||
13 | organization
licensees, respectively, based on each | ||||||
14 | organization licensee's share
of the total live handle for | ||||||
15 | that day,
provided that this provision shall not apply to | ||||||
16 | any non-host 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.
| ||||||
19 | (9) (Blank).
| ||||||
20 | (10) (Blank).
| ||||||
21 | (11) (Blank).
| ||||||
22 | (12) The Board shall have authority to compel all host | ||||||
23 | tracks to receive
the simulcast of any or all races | ||||||
24 | conducted at the Springfield or DuQuoin State
fairgrounds | ||||||
25 | and include all such races as part of their simulcast | ||||||
26 | programs.
|
| |||||||
| |||||||
1 | (13) Notwithstanding any other provision of this Act, | ||||||
2 | in the event that
the total Illinois pari-mutuel handle on | ||||||
3 | Illinois horse races at all wagering
facilities in any | ||||||
4 | calendar year is less than 75% of the total Illinois
| ||||||
5 | pari-mutuel handle on Illinois horse races at all such | ||||||
6 | wagering facilities for
calendar year 1994, then each | ||||||
7 | wagering facility that has an annual total
Illinois | ||||||
8 | pari-mutuel handle on Illinois horse races that is less | ||||||
9 | than 75% of
the total Illinois pari-mutuel handle on | ||||||
10 | Illinois horse races at such wagering
facility for calendar | ||||||
11 | year 1994, shall be permitted to receive, from any amount
| ||||||
12 | otherwise
payable to the purse account at the race track | ||||||
13 | with which the wagering facility
is affiliated in the | ||||||
14 | succeeding calendar year, an amount equal to 2% of the
| ||||||
15 | differential in total Illinois pari-mutuel handle on | ||||||
16 | Illinois horse
races at the wagering facility between that | ||||||
17 | calendar year in question and 1994
provided, however, that | ||||||
18 | a
wagering facility shall not be entitled to any such | ||||||
19 | payment until the Board
certifies in writing to the | ||||||
20 | wagering facility the amount to which the wagering
facility | ||||||
21 | is entitled
and a schedule for payment of the amount to the | ||||||
22 | wagering facility, based on:
(i) the racing dates awarded | ||||||
23 | to the race track affiliated with the wagering
facility | ||||||
24 | during the succeeding year; (ii) the sums available or | ||||||
25 | anticipated to
be available in the purse account of the | ||||||
26 | race track affiliated with the
wagering facility for purses |
| |||||||
| |||||||
1 | during the succeeding year; and (iii) the need to
ensure | ||||||
2 | reasonable purse levels during the payment period.
The | ||||||
3 | Board's certification
shall be provided no later than | ||||||
4 | January 31 of the succeeding year.
In the event a wagering | ||||||
5 | facility entitled to a payment under this paragraph
(13) is | ||||||
6 | affiliated with a race track that maintains purse accounts | ||||||
7 | for both
standardbred and thoroughbred racing, the amount | ||||||
8 | to be paid to the wagering
facility shall be divided | ||||||
9 | between each purse account pro rata, based on the
amount of | ||||||
10 | Illinois handle on Illinois standardbred and thoroughbred | ||||||
11 | racing
respectively at the wagering facility during the | ||||||
12 | previous calendar year.
Annually, the General Assembly | ||||||
13 | shall appropriate sufficient funds from the
General | ||||||
14 | Revenue Fund to the Department of Agriculture for payment | ||||||
15 | into the
thoroughbred and standardbred horse racing purse | ||||||
16 | accounts at
Illinois pari-mutuel tracks. The amount paid to | ||||||
17 | each purse account shall be
the amount certified by the | ||||||
18 | Illinois Racing Board in January to be
transferred from | ||||||
19 | each account to each eligible racing facility in
accordance | ||||||
20 | with the provisions of this Section.
| ||||||
21 | (h) The Board may approve and license the conduct of | ||||||
22 | inter-track wagering
and simulcast wagering by inter-track | ||||||
23 | wagering licensees and inter-track
wagering location licensees | ||||||
24 | subject to the following terms and conditions:
| ||||||
25 | (1) Any person licensed to conduct a race meeting (i) | ||||||
26 | at a track where
60 or more days of racing were conducted |
| |||||||
| |||||||
1 | during the immediately preceding
calendar year or where | ||||||
2 | over the 5 immediately preceding calendar years an
average | ||||||
3 | of 30 or more days of racing were conducted annually may be | ||||||
4 | issued an
inter-track wagering license; (ii) at a track
| ||||||
5 | located in a county that is bounded by the Mississippi | ||||||
6 | River, which has a
population of less than 150,000 | ||||||
7 | according to the 1990 decennial census, and an
average of | ||||||
8 | at least 60 days of racing per year between 1985 and 1993 | ||||||
9 | may be
issued an inter-track wagering license; or (iii) at | ||||||
10 | a track
located in Madison
County that conducted at least | ||||||
11 | 100 days of live racing during the immediately
preceding
| ||||||
12 | calendar year may be issued an inter-track wagering | ||||||
13 | license, unless a lesser
schedule of
live racing is the | ||||||
14 | result of (A) weather, unsafe track conditions, or other
| ||||||
15 | acts of God; (B)
an agreement between the organization | ||||||
16 | licensee and the associations
representing the
largest | ||||||
17 | number of owners, trainers, jockeys, or standardbred | ||||||
18 | drivers who race
horses at
that organization licensee's | ||||||
19 | racing meeting; or (C) a finding by the Board of
| ||||||
20 | extraordinary circumstances and that it was in the best | ||||||
21 | interest of the public
and the sport to conduct fewer than | ||||||
22 | 100 days of live racing. Any such person
having operating | ||||||
23 | control of the racing facility may also receive up to 6
| ||||||
24 | inter-track wagering
location licenses. In no event shall | ||||||
25 | more than 6 inter-track wagering
locations be established | ||||||
26 | for each eligible race track, except that an
eligible race |
| |||||||
| |||||||
1 | track located in a county that has a population of more | ||||||
2 | than
230,000 and that is bounded by the Mississippi River | ||||||
3 | may establish up to 7
inter-track wagering locations.
An | ||||||
4 | application for
said license shall be filed with the Board | ||||||
5 | prior to such dates as may be
fixed by the Board. With an | ||||||
6 | application for an inter-track
wagering
location license | ||||||
7 | there shall be delivered to the Board a certified check or
| ||||||
8 | bank draft payable to the order of the Board for an amount | ||||||
9 | equal to $500.
The application shall be on forms prescribed | ||||||
10 | and furnished by the Board. The
application shall comply | ||||||
11 | with all other rules,
regulations and conditions imposed by | ||||||
12 | the Board in connection therewith.
| ||||||
13 | (2) The Board shall examine the applications with | ||||||
14 | respect to their
conformity with this Act and the rules and | ||||||
15 | regulations imposed by the
Board. If found to be in | ||||||
16 | compliance with the Act and rules and regulations
of the | ||||||
17 | Board, the Board may then issue a license to conduct | ||||||
18 | inter-track
wagering and simulcast wagering to such | ||||||
19 | applicant. All such applications
shall be acted upon by the | ||||||
20 | Board at a meeting to be held on such date as may be
fixed | ||||||
21 | by the Board.
| ||||||
22 | (3) In granting licenses to conduct inter-track | ||||||
23 | wagering and simulcast
wagering, the Board shall give due | ||||||
24 | consideration to
the best interests of the
public, of horse | ||||||
25 | racing, and of maximizing revenue to the State.
| ||||||
26 | (4) Prior to the issuance of a license to conduct |
| |||||||
| |||||||
1 | inter-track wagering
and simulcast wagering,
the applicant | ||||||
2 | shall file with the Board a bond payable to the State of | ||||||
3 | Illinois
in the sum of $50,000, executed by the applicant | ||||||
4 | and a surety company or
companies authorized to do business | ||||||
5 | in this State, and conditioned upon
(i) the payment by the | ||||||
6 | licensee of all taxes due under Section 27 or 27.1
and any | ||||||
7 | other monies due and payable under this Act, and (ii)
| ||||||
8 | distribution by the licensee, upon presentation of the | ||||||
9 | winning ticket or
tickets, of all sums payable to the | ||||||
10 | patrons of pari-mutuel pools.
| ||||||
11 | (5) Each license to conduct inter-track wagering and | ||||||
12 | simulcast
wagering shall specify the person
to whom it is | ||||||
13 | issued, the dates on which such wagering is permitted, and
| ||||||
14 | the track or location where the wagering is to be | ||||||
15 | conducted.
| ||||||
16 | (6) All wagering under such license is subject to this | ||||||
17 | Act and to the
rules and regulations from time to time | ||||||
18 | prescribed by the Board, and every
such license issued by | ||||||
19 | the Board shall contain a recital to that effect.
| ||||||
20 | (7) An inter-track wagering licensee or inter-track | ||||||
21 | wagering location
licensee may accept wagers at the track | ||||||
22 | or location
where it is licensed, or as otherwise provided | ||||||
23 | under this Act.
| ||||||
24 | (8) Inter-track wagering or simulcast wagering shall | ||||||
25 | not be
conducted
at any track less than 5 miles from a | ||||||
26 | track at which a racing meeting is in
progress.
|
| |||||||
| |||||||
1 | (8.1) Inter-track wagering location
licensees who | ||||||
2 | derive their licenses from a particular organization | ||||||
3 | licensee
shall conduct inter-track wagering and simulcast | ||||||
4 | wagering only at locations
which are either within 90
miles | ||||||
5 | of that race track where the particular organization | ||||||
6 | licensee is
licensed to conduct racing, or within 135 miles | ||||||
7 | of that race track
where
the particular organization | ||||||
8 | licensee is licensed to conduct racing
in the case
of race | ||||||
9 | tracks in counties of less than 400,000 that were operating | ||||||
10 | on or
before June 1, 1986. However, inter-track wagering | ||||||
11 | and simulcast wagering
shall not
be conducted by those | ||||||
12 | licensees at any location within 5 miles of any race
track | ||||||
13 | at which a
horse race meeting has been licensed in the | ||||||
14 | current year, unless the person
having operating control of | ||||||
15 | such race track has given its written consent
to such | ||||||
16 | inter-track wagering location licensees,
which consent
| ||||||
17 | must be filed with the Board at or prior to the time | ||||||
18 | application is made.
| ||||||
19 | (8.2) Inter-track wagering or simulcast wagering shall | ||||||
20 | not be
conducted by an inter-track
wagering location | ||||||
21 | licensee at any location within 500 feet of an
existing
| ||||||
22 | church or existing school, nor within 500 feet of the | ||||||
23 | residences
of more than 50 registered voters without
| ||||||
24 | receiving written permission from a majority of the | ||||||
25 | registered
voters at such residences.
Such written | ||||||
26 | permission statements shall be filed with the Board. The
|
| |||||||
| |||||||
1 | distance of 500 feet shall be measured to the nearest part | ||||||
2 | of any
building
used for worship services, education | ||||||
3 | programs, residential purposes, or
conducting inter-track | ||||||
4 | wagering by an inter-track wagering location
licensee, and | ||||||
5 | not to property boundaries. However, inter-track wagering | ||||||
6 | or
simulcast wagering may be conducted at a site within 500 | ||||||
7 | feet of
a church, school or residences
of 50 or more | ||||||
8 | registered voters if such church, school
or residences have | ||||||
9 | been erected
or established, or such voters have been | ||||||
10 | registered, after
the Board issues
the original | ||||||
11 | inter-track wagering location license at the site in | ||||||
12 | question.
Inter-track wagering location licensees may | ||||||
13 | conduct inter-track wagering
and simulcast wagering only | ||||||
14 | in areas that are zoned for
commercial or manufacturing | ||||||
15 | purposes or
in areas for which a special use has been | ||||||
16 | approved by the local zoning
authority. However, no license | ||||||
17 | to conduct inter-track wagering and simulcast
wagering | ||||||
18 | shall be
granted by the Board with respect to any | ||||||
19 | inter-track wagering location
within the jurisdiction of | ||||||
20 | any local zoning authority which has, by
ordinance or by | ||||||
21 | resolution, prohibited the establishment of an inter-track
| ||||||
22 | wagering location within its jurisdiction. However, | ||||||
23 | inter-track wagering
and simulcast wagering may be | ||||||
24 | conducted at a site if such ordinance or
resolution is | ||||||
25 | enacted after
the Board licenses the original inter-track | ||||||
26 | wagering location
licensee for the site in question.
|
| |||||||
| |||||||
1 | (9) (Blank).
| ||||||
2 | (10) An inter-track wagering licensee or an | ||||||
3 | inter-track wagering
location licensee may retain, subject | ||||||
4 | to the
payment of the privilege taxes and the purses, an | ||||||
5 | amount not to
exceed 17% of all money wagered. Each program | ||||||
6 | of racing conducted by
each inter-track wagering licensee | ||||||
7 | or inter-track wagering location
licensee shall be | ||||||
8 | considered a separate racing day for the purpose of
| ||||||
9 | determining the daily handle and computing the privilege | ||||||
10 | tax or pari-mutuel
tax on such daily
handle as provided in | ||||||
11 | Section 27.
| ||||||
12 | (10.1) Except as provided in subsection (g) of Section | ||||||
13 | 27 of this Act,
inter-track wagering location licensees | ||||||
14 | shall pay 1% of the
pari-mutuel handle at each location to | ||||||
15 | the municipality in which such
location is situated and 1% | ||||||
16 | of the pari-mutuel handle at each location to
the county in | ||||||
17 | which such location is situated. In the event that an
| ||||||
18 | inter-track wagering location licensee is situated in an | ||||||
19 | unincorporated
area of a county, such licensee shall pay 2% | ||||||
20 | of the pari-mutuel handle from
such location to such | ||||||
21 | county.
| ||||||
22 | (10.2) Notwithstanding any other provision of this | ||||||
23 | Act, with respect to
intertrack wagering at a race track | ||||||
24 | located in a
county that has a population of
more than | ||||||
25 | 230,000 and that is bounded by the Mississippi River ("the | ||||||
26 | first race
track"), or at a facility operated by an |
| |||||||
| |||||||
1 | inter-track wagering licensee or
inter-track wagering | ||||||
2 | location licensee that derives its license from the
| ||||||
3 | organization licensee that operates the first race track, | ||||||
4 | on races conducted at
the first race track or on races | ||||||
5 | conducted at another Illinois race track
and | ||||||
6 | simultaneously televised to the first race track or to a | ||||||
7 | facility operated
by an inter-track wagering licensee or | ||||||
8 | inter-track wagering location licensee
that derives its | ||||||
9 | license from the organization licensee that operates the | ||||||
10 | first
race track, those moneys shall be allocated as | ||||||
11 | follows:
| ||||||
12 | (A) That portion of all moneys wagered on | ||||||
13 | standardbred racing that is
required under this Act to | ||||||
14 | be paid to purses shall be paid to purses for
| ||||||
15 | standardbred races.
| ||||||
16 | (B) That portion of all moneys wagered on | ||||||
17 | thoroughbred racing
that is required under this Act to | ||||||
18 | be paid to purses shall be paid to purses
for | ||||||
19 | thoroughbred races.
| ||||||
20 | (11) (A) After payment of the privilege or pari-mutuel | ||||||
21 | tax, any other
applicable
taxes, and
the costs and expenses | ||||||
22 | in connection with the gathering, transmission, and
| ||||||
23 | dissemination of all data necessary to the conduct of | ||||||
24 | inter-track wagering,
the remainder of the monies retained | ||||||
25 | under either Section 26 or Section 26.2
of this Act by the | ||||||
26 | inter-track wagering licensee on inter-track wagering
|
| |||||||
| |||||||
1 | shall be allocated with 50% to be split between the
2 | ||||||
2 | participating licensees and 50% to purses, except
that an | ||||||
3 | intertrack wagering licensee that derives its
license from | ||||||
4 | a track located in a county with a population in excess of | ||||||
5 | 230,000
and that borders the Mississippi River shall not | ||||||
6 | divide any remaining
retention with the Illinois | ||||||
7 | organization licensee that provides the race or
races, and | ||||||
8 | an intertrack wagering licensee that accepts wagers on | ||||||
9 | races
conducted by an organization licensee that conducts a | ||||||
10 | race meet in a county
with a population in excess of | ||||||
11 | 230,000 and that borders the Mississippi River
shall not | ||||||
12 | divide any remaining retention with that organization | ||||||
13 | licensee.
| ||||||
14 | (B) From the
sums permitted to be retained pursuant to | ||||||
15 | this Act each inter-track wagering
location licensee shall | ||||||
16 | pay (i) the privilege or pari-mutuel tax to the
State; (ii) | ||||||
17 | 4.75% of the
pari-mutuel handle on intertrack wagering at | ||||||
18 | such location on
races as purses, except that
an intertrack | ||||||
19 | wagering location licensee that derives its license from a
| ||||||
20 | track located in a county with a population in excess of | ||||||
21 | 230,000 and that
borders the Mississippi River shall retain | ||||||
22 | all purse moneys for its own purse
account consistent with | ||||||
23 | distribution set forth in this subsection (h), and
| ||||||
24 | intertrack wagering location licensees that accept wagers | ||||||
25 | on races
conducted
by an organization licensee located in a | ||||||
26 | county with a population in excess of
230,000 and that |
| |||||||
| |||||||
1 | borders the Mississippi River shall distribute all purse
| ||||||
2 | moneys to purses at the operating host track; (iii) until | ||||||
3 | January 1, 2000,
except as
provided in
subsection (g) of | ||||||
4 | Section 27 of this Act, 1% of the
pari-mutuel handle | ||||||
5 | wagered on inter-track wagering and simulcast wagering at
| ||||||
6 | each inter-track wagering
location licensee facility to | ||||||
7 | the Horse Racing Tax Allocation Fund, provided
that, to the | ||||||
8 | extent the total amount collected and distributed to the | ||||||
9 | Horse
Racing Tax Allocation Fund under this subsection (h) | ||||||
10 | during any calendar year
exceeds the amount collected and | ||||||
11 | distributed to the Horse Racing Tax Allocation
Fund during | ||||||
12 | calendar year 1994, that excess amount shall be | ||||||
13 | redistributed (I)
to all inter-track wagering location | ||||||
14 | licensees, based on each licensee's
pro-rata share of the | ||||||
15 | total handle from inter-track wagering and simulcast
| ||||||
16 | wagering for all inter-track wagering location licensees | ||||||
17 | during the calendar
year in which this provision is | ||||||
18 | applicable; then (II) the amounts redistributed
to each | ||||||
19 | inter-track wagering location licensee as described in | ||||||
20 | subpart (I)
shall be further redistributed as provided in | ||||||
21 | subparagraph (B) of paragraph (5)
of subsection (g) of this | ||||||
22 | Section 26 provided first, that the shares of those
| ||||||
23 | amounts, which are to be redistributed to the host track or | ||||||
24 | to purses at the
host track under subparagraph (B) of | ||||||
25 | paragraph (5) of subsection (g) of this
Section 26 shall be
| ||||||
26 | redistributed based on each host track's pro rata share of |
| |||||||
| |||||||
1 | the total
inter-track
wagering and simulcast wagering | ||||||
2 | handle at all host tracks during the calendar
year in | ||||||
3 | question, and second, that any amounts redistributed as | ||||||
4 | described in
part (I) to an inter-track wagering location | ||||||
5 | licensee that accepts
wagers on races conducted by an | ||||||
6 | organization licensee that conducts a race meet
in a county | ||||||
7 | with a population in excess of 230,000 and that borders the
| ||||||
8 | Mississippi River shall be further redistributed as | ||||||
9 | provided in subparagraphs
(D) and (E) of paragraph (7) of | ||||||
10 | subsection (g) of this Section 26, with the
portion of that
| ||||||
11 | further redistribution allocated to purses at that | ||||||
12 | organization licensee to be
divided between standardbred | ||||||
13 | purses and thoroughbred purses based on the
amounts | ||||||
14 | otherwise allocated to purses at that organization | ||||||
15 | licensee during the
calendar year in question; and (iv) 8% | ||||||
16 | of the pari-mutuel handle on
inter-track wagering wagered | ||||||
17 | at
such location to satisfy all costs and expenses of | ||||||
18 | conducting its wagering. The
remainder of the monies | ||||||
19 | retained by the inter-track wagering location licensee
| ||||||
20 | shall be allocated 40% to the location licensee and 60% to | ||||||
21 | the organization
licensee which provides the Illinois | ||||||
22 | races to the location, except that an
intertrack wagering | ||||||
23 | location
licensee that derives its license from a track | ||||||
24 | located in a county with a
population in excess of 230,000 | ||||||
25 | and that borders the Mississippi River shall
not divide any | ||||||
26 | remaining retention with the organization licensee that |
| |||||||
| |||||||
1 | provides
the race or races and an intertrack wagering | ||||||
2 | location licensee that accepts
wagers on races conducted by | ||||||
3 | an organization licensee that conducts a race meet
in a | ||||||
4 | county with a population in excess of 230,000 and that | ||||||
5 | borders the
Mississippi River shall not divide any | ||||||
6 | remaining retention with the
organization licensee.
| ||||||
7 | Notwithstanding the provisions of clauses (ii) and (iv) of | ||||||
8 | this
paragraph, in the case of the additional inter-track | ||||||
9 | wagering location licenses
authorized under paragraph (1) | ||||||
10 | of this subsection (h) by this amendatory
Act of 1991, | ||||||
11 | those licensees shall pay the following amounts as purses:
| ||||||
12 | during the first 12 months the licensee is in operation, | ||||||
13 | 5.25% of
the
pari-mutuel handle wagered at the location on | ||||||
14 | races; during the second 12
months, 5.25%; during the third | ||||||
15 | 12 months, 5.75%;
during
the fourth 12 months,
6.25%; and | ||||||
16 | during the fifth 12 months and thereafter, 6.75%. The
| ||||||
17 | following amounts shall be retained by the licensee to | ||||||
18 | satisfy all costs
and expenses of conducting its wagering: | ||||||
19 | during the first 12 months the
licensee is in operation, | ||||||
20 | 8.25% of the pari-mutuel handle wagered
at the
location; | ||||||
21 | during the second 12 months, 8.25%; during the third 12
| ||||||
22 | months, 7.75%;
during the fourth 12 months, 7.25%; and | ||||||
23 | during the fifth 12 months
and
thereafter, 6.75%.
For | ||||||
24 | additional intertrack wagering location licensees | ||||||
25 | authorized under this
amendatory
Act of 1995, purses for | ||||||
26 | the first 12 months the licensee is in operation shall
be |
| |||||||
| |||||||
1 | 5.75% of the pari-mutuel wagered
at the location, purses | ||||||
2 | for the second 12 months the licensee is in operation
shall | ||||||
3 | be 6.25%, and purses
thereafter shall be 6.75%. For | ||||||
4 | additional intertrack location
licensees
authorized under
| ||||||
5 | this amendatory Act of 1995, the licensee shall be allowed | ||||||
6 | to retain to satisfy
all costs and expenses: 7.75% of the | ||||||
7 | pari-mutuel handle wagered at
the location
during its first | ||||||
8 | 12 months of operation, 7.25% during its second
12
months | ||||||
9 | of
operation, and 6.75% thereafter.
| ||||||
10 | (C) There is hereby created the Horse Racing Tax | ||||||
11 | Allocation Fund
which shall remain in existence until | ||||||
12 | December 31, 1999. Moneys
remaining in the Fund after | ||||||
13 | December 31, 1999
shall be paid into the
General Revenue | ||||||
14 | Fund. Until January 1, 2000,
all monies paid into the Horse | ||||||
15 | Racing Tax Allocation Fund pursuant to this
paragraph (11) | ||||||
16 | by inter-track wagering location licensees located in park
| ||||||
17 | districts of 500,000 population or less, or in a | ||||||
18 | municipality that is not
included within any park district | ||||||
19 | but is included within a conservation
district and is the | ||||||
20 | county seat of a county that (i) is contiguous to the state
| ||||||
21 | of Indiana and (ii) has a 1990 population of 88,257 | ||||||
22 | according to the United
States Bureau of the Census, and | ||||||
23 | operating on May 1, 1994 shall be
allocated by | ||||||
24 | appropriation as follows:
| ||||||
25 | Two-sevenths to the Department of Agriculture. | ||||||
26 | Fifty percent of
this two-sevenths shall be used to |
| |||||||
| |||||||
1 | promote the Illinois horse racing and
breeding | ||||||
2 | industry, and shall be distributed by the Department of | ||||||
3 | Agriculture
upon the advice of a 9-member committee | ||||||
4 | appointed by the Governor consisting of
the following | ||||||
5 | members: the Director of Agriculture, who shall serve | ||||||
6 | as
chairman; 2 representatives of organization | ||||||
7 | licensees conducting thoroughbred
race meetings in | ||||||
8 | this State, recommended by those licensees; 2 | ||||||
9 | representatives
of organization licensees conducting | ||||||
10 | standardbred race meetings in this State,
recommended | ||||||
11 | by those licensees; a representative of the Illinois
| ||||||
12 | Thoroughbred Breeders and Owners Foundation, | ||||||
13 | recommended by that
Foundation; a representative of | ||||||
14 | the Illinois Standardbred Owners and
Breeders | ||||||
15 | Association, recommended
by that Association; a | ||||||
16 | representative of
the Horsemen's Benevolent and | ||||||
17 | Protective Association or any successor
organization | ||||||
18 | thereto established in Illinois comprised of the | ||||||
19 | largest number of
owners and trainers, recommended by | ||||||
20 | that
Association or that successor organization; and a
| ||||||
21 | representative of the Illinois Harness Horsemen's
| ||||||
22 | Association, recommended by that Association. | ||||||
23 | Committee members shall
serve for terms of 2 years, | ||||||
24 | commencing January 1 of each even-numbered
year. If a | ||||||
25 | representative of any of the above-named entities has | ||||||
26 | not been
recommended by January 1 of any even-numbered |
| |||||||
| |||||||
1 | year, the Governor shall
appoint a committee member to | ||||||
2 | fill that position. Committee members shall
receive no | ||||||
3 | compensation for their services as members but shall be
| ||||||
4 | reimbursed for all actual and necessary expenses and | ||||||
5 | disbursements incurred
in the performance of their | ||||||
6 | official duties. The remaining 50% of this
| ||||||
7 | two-sevenths shall be distributed to county fairs for | ||||||
8 | premiums and
rehabilitation as set forth in the | ||||||
9 | Agricultural Fair Act;
| ||||||
10 | Four-sevenths to park districts or municipalities | ||||||
11 | that do not have a
park district of 500,000 population | ||||||
12 | or less for museum purposes (if an
inter-track wagering | ||||||
13 | location licensee is located in such a park district) | ||||||
14 | or
to conservation districts for museum purposes (if an | ||||||
15 | inter-track wagering
location licensee is located in a | ||||||
16 | municipality that is not included within any
park | ||||||
17 | district but is included within a conservation | ||||||
18 | district and is the county
seat of a county that (i) is | ||||||
19 | contiguous to the state of Indiana and (ii) has a
1990 | ||||||
20 | population of 88,257 according to the United States | ||||||
21 | Bureau of the Census,
except that if the conservation | ||||||
22 | district does not maintain a museum, the monies
shall | ||||||
23 | be allocated equally between the county and the | ||||||
24 | municipality in which the
inter-track wagering | ||||||
25 | location licensee is located for general purposes) or | ||||||
26 | to a
municipal recreation board for park purposes (if |
| |||||||
| |||||||
1 | an inter-track wagering
location licensee is located | ||||||
2 | in a municipality that is not included within any
park | ||||||
3 | district and park maintenance is the function of the | ||||||
4 | municipal recreation
board and the municipality has a | ||||||
5 | 1990 population of 9,302 according to the
United States | ||||||
6 | Bureau of the Census); provided that the monies are | ||||||
7 | distributed
to each park district or conservation | ||||||
8 | district or municipality that does not
have a park | ||||||
9 | district in an amount equal to four-sevenths of the | ||||||
10 | amount
collected by each inter-track wagering location | ||||||
11 | licensee within the park
district or conservation | ||||||
12 | district or municipality for the Fund. Monies that
were | ||||||
13 | paid into the Horse Racing Tax Allocation Fund before | ||||||
14 | the effective date
of this amendatory Act of 1991 by an | ||||||
15 | inter-track wagering location licensee
located in a | ||||||
16 | municipality that is not included within any park | ||||||
17 | district but is
included within a conservation | ||||||
18 | district as provided in this paragraph shall, as
soon | ||||||
19 | as practicable after the effective date of this | ||||||
20 | amendatory Act of 1991, be
allocated and paid to that | ||||||
21 | conservation district as provided in this paragraph.
| ||||||
22 | Any park district or municipality not maintaining a | ||||||
23 | museum may deposit the
monies in the corporate fund of | ||||||
24 | the park district or municipality where the
| ||||||
25 | inter-track wagering location is located, to be used | ||||||
26 | for general purposes;
and
|
| |||||||
| |||||||
1 | One-seventh to the Agricultural Premium Fund to be | ||||||
2 | used for distribution
to agricultural home economics | ||||||
3 | extension councils in accordance with "An
Act in | ||||||
4 | relation to additional support and finances for the | ||||||
5 | Agricultural and
Home Economic Extension Councils in | ||||||
6 | the several counties of this State and
making an | ||||||
7 | appropriation therefor", approved July 24, 1967.
| ||||||
8 | Until January 1, 2000, all other
monies paid into the | ||||||
9 | Horse Racing Tax
Allocation Fund pursuant to
this paragraph | ||||||
10 | (11) shall be allocated by appropriation as follows:
| ||||||
11 | Two-sevenths to the Department of Agriculture. | ||||||
12 | Fifty percent of this
two-sevenths shall be used to | ||||||
13 | promote the Illinois horse racing and breeding
| ||||||
14 | industry, and shall be distributed by the Department of | ||||||
15 | Agriculture upon the
advice of a 9-member committee | ||||||
16 | appointed by the Governor consisting of the
following | ||||||
17 | members: the Director of Agriculture, who shall serve | ||||||
18 | as chairman; 2
representatives of organization | ||||||
19 | licensees conducting thoroughbred race meetings
in | ||||||
20 | this State, recommended by those licensees; 2 | ||||||
21 | representatives of
organization licensees conducting | ||||||
22 | standardbred race meetings in this State,
recommended | ||||||
23 | by those licensees; a representative of the Illinois | ||||||
24 | Thoroughbred
Breeders and Owners Foundation, | ||||||
25 | recommended by that Foundation; a
representative of | ||||||
26 | the Illinois Standardbred Owners and Breeders |
| |||||||
| |||||||
1 | Association,
recommended by that Association; a | ||||||
2 | representative of the Horsemen's Benevolent
and | ||||||
3 | Protective Association or any successor organization | ||||||
4 | thereto established
in Illinois comprised of the | ||||||
5 | largest number of owners and trainers,
recommended by | ||||||
6 | that Association or that successor organization; and a
| ||||||
7 | representative of the Illinois Harness Horsemen's | ||||||
8 | Association, recommended by
that Association. | ||||||
9 | Committee members shall serve for terms of 2 years,
| ||||||
10 | commencing January 1 of each even-numbered year. If a | ||||||
11 | representative of any of
the above-named entities has | ||||||
12 | not been recommended by January 1 of any
even-numbered | ||||||
13 | year, the Governor shall appoint a committee member to | ||||||
14 | fill that
position. Committee members shall receive no | ||||||
15 | compensation for their services
as members but shall be | ||||||
16 | reimbursed for all actual and necessary expenses and
| ||||||
17 | disbursements incurred in the performance of their | ||||||
18 | official duties. The
remaining 50% of this | ||||||
19 | two-sevenths shall be distributed to county fairs for
| ||||||
20 | premiums and rehabilitation as set forth in the | ||||||
21 | Agricultural Fair Act;
| ||||||
22 | Four-sevenths to museums and aquariums located in | ||||||
23 | park districts of over
500,000 population; provided | ||||||
24 | that the monies are distributed in accordance with
the | ||||||
25 | previous year's distribution of the maintenance tax | ||||||
26 | for such museums and
aquariums as provided in Section 2 |
| |||||||
| |||||||
1 | of the Park District Aquarium and Museum
Act; and
| ||||||
2 | One-seventh to the Agricultural Premium Fund to be | ||||||
3 | used for distribution
to agricultural home economics | ||||||
4 | extension councils in accordance with "An Act
in | ||||||
5 | relation to additional support and finances for the | ||||||
6 | Agricultural and
Home Economic Extension Councils in | ||||||
7 | the several counties of this State and
making an | ||||||
8 | appropriation therefor", approved July 24, 1967.
This | ||||||
9 | subparagraph (C) shall be inoperative and of no force | ||||||
10 | and effect on and
after January 1, 2000.
| ||||||
11 | (D) Except as provided in paragraph (11) of this | ||||||
12 | subsection (h),
with respect to purse allocation from | ||||||
13 | intertrack wagering, the monies so
retained shall be | ||||||
14 | divided as follows:
| ||||||
15 | (i) If the inter-track wagering licensee, | ||||||
16 | except an intertrack
wagering licensee that | ||||||
17 | derives its license from an organization
licensee | ||||||
18 | located in a county with a population in excess of | ||||||
19 | 230,000 and bounded
by the Mississippi River, is | ||||||
20 | not conducting its own
race meeting during the same | ||||||
21 | dates, then the entire purse allocation shall be
to | ||||||
22 | purses at the track where the races wagered on are | ||||||
23 | being conducted.
| ||||||
24 | (ii) If the inter-track wagering licensee, | ||||||
25 | except an intertrack
wagering licensee that | ||||||
26 | derives its license from an organization
licensee |
| |||||||
| |||||||
1 | located in a county with a population in excess of | ||||||
2 | 230,000 and bounded
by the Mississippi River, is | ||||||
3 | also
conducting its own
race meeting during the | ||||||
4 | same dates, then the purse allocation shall be as
| ||||||
5 | follows: 50% to purses at the track where the races | ||||||
6 | wagered on are
being conducted; 50% to purses at | ||||||
7 | the track where the inter-track
wagering licensee | ||||||
8 | is accepting such wagers.
| ||||||
9 | (iii) If the inter-track wagering is being | ||||||
10 | conducted by an inter-track
wagering location | ||||||
11 | licensee, except an intertrack wagering location | ||||||
12 | licensee
that derives its license from an | ||||||
13 | organization licensee located in a
county with a | ||||||
14 | population in excess of 230,000 and bounded by the | ||||||
15 | Mississippi
River, the entire purse allocation for | ||||||
16 | Illinois races shall
be to purses at the track | ||||||
17 | where the race meeting being wagered on is being
| ||||||
18 | held.
| ||||||
19 | (12) The Board shall have all powers necessary and | ||||||
20 | proper to fully
supervise and control the conduct of
| ||||||
21 | inter-track wagering and simulcast
wagering by inter-track | ||||||
22 | wagering licensees and inter-track wagering location
| ||||||
23 | licensees, including, but not
limited to the following:
| ||||||
24 | (A) The Board is vested with power to promulgate | ||||||
25 | reasonable rules and
regulations for the purpose of | ||||||
26 | administering the
conduct of this
wagering and to |
| |||||||
| |||||||
1 | prescribe reasonable rules, regulations and conditions | ||||||
2 | under
which such wagering shall be held and conducted. | ||||||
3 | Such rules and regulations
are to provide for the | ||||||
4 | prevention of practices detrimental to the public
| ||||||
5 | interest and for
the best interests of said wagering | ||||||
6 | and to impose penalties
for violations thereof.
| ||||||
7 | (B) The Board, and any person or persons to whom it | ||||||
8 | delegates this
power, is vested with the power to enter | ||||||
9 | the
facilities of any licensee to determine whether | ||||||
10 | there has been
compliance with the provisions of this | ||||||
11 | Act and the rules and regulations
relating to the | ||||||
12 | conduct of such wagering.
| ||||||
13 | (C) The Board, and any person or persons to whom it | ||||||
14 | delegates this
power, may eject or exclude from any | ||||||
15 | licensee's facilities, any person whose
conduct or | ||||||
16 | reputation
is such that his presence on such premises | ||||||
17 | may, in the opinion of the Board,
call into the | ||||||
18 | question the honesty and integrity of, or interfere | ||||||
19 | with the
orderly conduct of such wagering; provided, | ||||||
20 | however, that no person shall
be excluded or ejected | ||||||
21 | from such premises solely on the grounds of race,
| ||||||
22 | color, creed, national origin, ancestry, or sex.
| ||||||
23 | (D) (Blank).
| ||||||
24 | (E) The Board is vested with the power to appoint | ||||||
25 | delegates to execute
any of the powers granted to it | ||||||
26 | under this Section for the purpose of
administering |
| |||||||
| |||||||
1 | this wagering and any
rules and
regulations
| ||||||
2 | promulgated in accordance with this Act.
| ||||||
3 | (F) The Board shall name and appoint a State | ||||||
4 | director of this wagering
who shall be a representative | ||||||
5 | of the Board and whose
duty it shall
be to supervise | ||||||
6 | the conduct of inter-track wagering as may be provided | ||||||
7 | for
by the rules and regulations of the Board; such | ||||||
8 | rules and regulation shall
specify the method of | ||||||
9 | appointment and the Director's powers, authority and
| ||||||
10 | duties.
| ||||||
11 | (G) The Board is vested with the power to impose | ||||||
12 | civil penalties of up
to $5,000 against individuals and | ||||||
13 | up to $10,000 against
licensees for each violation of | ||||||
14 | any provision of
this Act relating to the conduct of | ||||||
15 | this wagering, any
rules adopted
by the Board, any | ||||||
16 | order of the Board or any other action which in the | ||||||
17 | Board's
discretion, is a detriment or impediment to | ||||||
18 | such wagering.
| ||||||
19 | (13) The Department of Agriculture may enter into | ||||||
20 | agreements with
licensees authorizing such licensees to | ||||||
21 | conduct inter-track
wagering on races to be held at the | ||||||
22 | licensed race meetings conducted by the
Department of | ||||||
23 | Agriculture. Such
agreement shall specify the races of the | ||||||
24 | Department of Agriculture's
licensed race meeting upon | ||||||
25 | which the licensees will conduct wagering. In the
event | ||||||
26 | that a licensee
conducts inter-track pari-mutuel wagering |
| |||||||
| |||||||
1 | on races from the Illinois State Fair
or DuQuoin State Fair | ||||||
2 | which are in addition to the licensee's previously
approved | ||||||
3 | racing program, those races shall be considered a separate | ||||||
4 | racing day
for the
purpose of determining the daily handle | ||||||
5 | and computing the privilege or
pari-mutuel tax on
that | ||||||
6 | daily handle as provided in Sections 27
and 27.1. Such
| ||||||
7 | agreements shall be approved by the Board before such | ||||||
8 | wagering may be
conducted. In determining whether to grant | ||||||
9 | approval, the Board shall give
due consideration to the | ||||||
10 | best interests of the public and of horse racing.
The | ||||||
11 | provisions of paragraphs (1), (8), (8.1), and (8.2) of
| ||||||
12 | subsection (h) of this
Section which are not specified in | ||||||
13 | this paragraph (13) shall not apply to
licensed race | ||||||
14 | meetings conducted by the Department of Agriculture at the
| ||||||
15 | Illinois State Fair in Sangamon County or the DuQuoin State | ||||||
16 | Fair in Perry
County, or to any wagering conducted on
those | ||||||
17 | race meetings.
| ||||||
18 | (i) Notwithstanding the other provisions of this Act, the | ||||||
19 | conduct of
wagering at wagering facilities is authorized on all | ||||||
20 | days, except as limited by
subsection (b) of Section 19 of this | ||||||
21 | Act.
| ||||||
22 | (Source: P.A. 96-762, eff. 8-25-09.)
| ||||||
23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 | becoming law.
|