Rep. Jay Hoffman

Filed: 5/6/2016

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2216

2    AMENDMENT NO. ______. Amend Senate Bill 2216 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Horse Racing Act of 1975 is
5amended by changing Sections 9 and 26 as follows:
 
6    (230 ILCS 5/9)  (from Ch. 8, par. 37-9)
7    Sec. 9. The Board shall have all powers necessary and
8proper to fully and effectively execute the provisions of this
9Act, including, but not limited to, the following:
10    (a) The Board is vested with jurisdiction and supervision
11over all race meetings in this State, over all licensees doing
12business in this State, over all occupation licensees, and over
13all persons on the facilities of any licensee. Such
14jurisdiction shall include the power to issue licenses to the
15Illinois Department of Agriculture authorizing the pari-mutuel
16system of wagering on harness and Quarter Horse races held (1)

 

 

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1at the Illinois State Fair in Sangamon County, and (2) at the
2DuQuoin State Fair in Perry County. The jurisdiction of the
3Board shall also include the power to issue licenses to county
4fairs which are eligible to receive funds pursuant to the
5Agricultural Fair Act, as now or hereafter amended, or their
6agents, authorizing the pari-mutuel system of wagering on horse
7races conducted at the county fairs receiving such licenses.
8Such licenses shall be governed by subsection (n) of this
9Section.
10    Upon application, the Board shall issue a license to the
11Illinois Department of Agriculture to conduct harness and
12Quarter Horse races at the Illinois State Fair and at the
13DuQuoin State Fairgrounds during the scheduled dates of each
14fair. The Board shall not require and the Department of
15Agriculture shall be exempt from the requirements of Sections
1615.3, 18 and 19, paragraphs (a)(2), (b), (c), (d), (e), (e-5),
17(e-10), (f), (g), and (h) of Section 20, and Sections 21, 24
18and 25. The Board and the Department of Agriculture may extend
19any or all of these exemptions to any contractor or agent
20engaged by the Department of Agriculture to conduct its race
21meetings when the Board determines that this would best serve
22the public interest and the interest of horse racing.
23    Notwithstanding any provision of law to the contrary, it
24shall be lawful for any licensee to operate pari-mutuel
25wagering or contract with the Department of Agriculture to
26operate pari-mutuel wagering at the DuQuoin State Fairgrounds

 

 

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1or for the Department to enter into contracts with a licensee,
2employ its owners, employees or agents and employ such other
3occupation licensees as the Department deems necessary in
4connection with race meetings and wagerings.
5    (b) The Board is vested with the full power to promulgate
6reasonable rules and regulations for the purpose of
7administering the provisions of this Act and to prescribe
8reasonable rules, regulations and conditions under which all
9horse race meetings or wagering in the State shall be
10conducted, including wagering on historical or past horse
11races. Such reasonable rules and regulations are to provide for
12the prevention of practices detrimental to the public interest
13and to promote the best interests of horse racing and to impose
14penalties for violations thereof.
15    (c) The Board, and any person or persons to whom it
16delegates this power, is vested with the power to enter the
17facilities and other places of business of any licensee to
18determine whether there has been compliance with the provisions
19of this Act and its rules and regulations.
20    (d) The Board, and any person or persons to whom it
21delegates this power, is vested with the authority to
22investigate alleged violations of the provisions of this Act,
23its reasonable rules and regulations, orders and final
24decisions; the Board shall take appropriate disciplinary
25action against any licensee or occupation licensee for
26violation thereof or institute appropriate legal action for the

 

 

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1enforcement thereof.
2    (e) The Board, and any person or persons to whom it
3delegates this power, may eject or exclude from any race
4meeting or the facilities of any licensee, or any part thereof,
5any occupation licensee or any other individual whose conduct
6or reputation is such that his presence on those facilities
7may, in the opinion of the Board, call into question the
8honesty and integrity of horse racing or wagering or interfere
9with the orderly conduct of horse racing or wagering; provided,
10however, that no person shall be excluded or ejected from the
11facilities of any licensee solely on the grounds of race,
12color, creed, national origin, ancestry, or sex. The power to
13eject or exclude an occupation licensee or other individual may
14be exercised for just cause by the licensee or the Board,
15subject to subsequent hearing by the Board as to the propriety
16of said exclusion.
17    (f) The Board is vested with the power to acquire,
18establish, maintain and operate (or provide by contract to
19maintain and operate) testing laboratories and related
20facilities, for the purpose of conducting saliva, blood, urine
21and other tests on the horses run or to be run in any horse race
22meeting and to purchase all equipment and supplies deemed
23necessary or desirable in connection with any such testing
24laboratories and related facilities and all such tests.
25    (g) The Board may require that the records, including
26financial or other statements of any licensee or any person

 

 

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1affiliated with the licensee who is involved directly or
2indirectly in the activities of any licensee as regulated under
3this Act to the extent that those financial or other statements
4relate to such activities be kept in such manner as prescribed
5by the Board, and that Board employees shall have access to
6those records during reasonable business hours. Within 120 days
7of the end of its fiscal year, each licensee shall transmit to
8the Board an audit of the financial transactions and condition
9of the licensee's total operations. All audits shall be
10conducted by certified public accountants. Each certified
11public accountant must be registered in the State of Illinois
12under the Illinois Public Accounting Act. The compensation for
13each certified public accountant shall be paid directly by the
14licensee to the certified public accountant. A licensee shall
15also submit any other financial or related information the
16Board deems necessary to effectively administer this Act and
17all rules, regulations, and final decisions promulgated under
18this Act.
19    (h) The Board shall name and appoint in the manner provided
20by the rules and regulations of the Board: an Executive
21Director; a State director of mutuels; State veterinarians and
22representatives to take saliva, blood, urine and other tests on
23horses; licensing personnel; revenue inspectors; and State
24seasonal employees (excluding admission ticket sellers and
25mutuel clerks). All of those named and appointed as provided in
26this subsection shall serve during the pleasure of the Board;

 

 

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1their compensation shall be determined by the Board and be paid
2in the same manner as other employees of the Board under this
3Act.
4    (i) The Board shall require that there shall be 3 stewards
5at each horse race meeting, at least 2 of whom shall be named
6and appointed by the Board. Stewards appointed or approved by
7the Board, while performing duties required by this Act or by
8the Board, shall be entitled to the same rights and immunities
9as granted to Board members and Board employees in Section 10
10of this Act.
11    (j) The Board may discharge any Board employee who fails or
12refuses for any reason to comply with the rules and regulations
13of the Board, or who, in the opinion of the Board, is guilty of
14fraud, dishonesty or who is proven to be incompetent. The Board
15shall have no right or power to determine who shall be
16officers, directors or employees of any licensee, or their
17salaries except the Board may, by rule, require that all or any
18officials or employees in charge of or whose duties relate to
19the actual running of races be approved by the Board.
20    (k) The Board is vested with the power to appoint delegates
21to execute any of the powers granted to it under this Section
22for the purpose of administering this Act and any rules or
23regulations promulgated in accordance with this Act.
24    (l) The Board is vested with the power to impose civil
25penalties of up to $5,000 against an individual and up to
26$10,000 against a licensee for each violation of any provision

 

 

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1of this Act, any rules adopted by the Board, any order of the
2Board or any other action which, in the Board's discretion, is
3a detriment or impediment to horse racing or wagering. All such
4civil penalties shall be deposited into the Horse Racing Fund.
5    (m) The Board is vested with the power to prescribe a form
6to be used by licensees as an application for employment for
7employees of each licensee.
8    (n) The Board shall have the power to issue a license to
9any county fair, or its agent, authorizing the conduct of the
10pari-mutuel system of wagering. The Board is vested with the
11full power to promulgate reasonable rules, regulations and
12conditions under which all horse race meetings licensed
13pursuant to this subsection shall be held and conducted,
14including rules, regulations and conditions for the conduct of
15the pari-mutuel system of wagering. The rules, regulations and
16conditions shall provide for the prevention of practices
17detrimental to the public interest and for the best interests
18of horse racing, and shall prescribe penalties for violations
19thereof. Any authority granted the Board under this Act shall
20extend to its jurisdiction and supervision over county fairs,
21or their agents, licensed pursuant to this subsection. However,
22the Board may waive any provision of this Act or its rules or
23regulations which would otherwise apply to such county fairs or
24their agents.
25    (o) Whenever the Board is authorized or required by law to
26consider some aspect of criminal history record information for

 

 

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1the purpose of carrying out its statutory powers and
2responsibilities, then, upon request and payment of fees in
3conformance with the requirements of Section 2605-400 of the
4Department of State Police Law (20 ILCS 2605/2605-400), the
5Department of State Police is authorized to furnish, pursuant
6to positive identification, such information contained in
7State files as is necessary to fulfill the request.
8    (p) To insure the convenience, comfort, and wagering
9accessibility of race track patrons, to provide for the
10maximization of State revenue, and to generate increases in
11purse allotments to the horsemen, the Board shall require any
12licensee to staff the pari-mutuel department with adequate
13personnel.
14(Source: P.A. 97-1060, eff. 8-24-12.)
 
15    (230 ILCS 5/26)  (from Ch. 8, par. 37-26)
16    Sec. 26. Wagering.
17    (a) Any licensee may conduct and supervise the pari-mutuel
18system of wagering, as defined in Section 3.12 of this Act, on
19horse races conducted by a licensed racetrack an Illinois
20organization licensee or conducted at a racetrack located in
21another state or country and televised in Illinois in
22accordance with subsection (g) of this Section 26 of this Act.
23Subject to the prior consent of the Board, licensees may
24supplement any pari-mutuel pool in order to guarantee a minimum
25distribution. Such pari-mutuel method of wagering shall not,

 

 

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1under any circumstances if conducted under the provisions of
2this Act, be held or construed to be unlawful, other statutes
3of this State to the contrary notwithstanding. Subject to rules
4for advance wagering promulgated by the Board, any licensee may
5accept wagers in advance of the day of the race wagered upon
6occurs.
7    (b) No other method of betting, pool making, wagering or
8gambling shall be used or permitted by the licensee. Each
9licensee may retain, subject to the payment of all applicable
10taxes and purses, an amount not to exceed 17% of all money
11wagered under subsection (a) of this Section, except as may
12otherwise be permitted under this Act.
13    (b-5) An individual may place a wager under the pari-mutuel
14system from any licensed location authorized under this Act
15provided that wager is electronically recorded in the manner
16described in Section 3.12 of this Act. Any wager made
17electronically by an individual while physically on the
18premises of a licensee shall be deemed to have been made at the
19premises of that licensee.
20    (c) Until January 1, 2000, the sum held by any licensee for
21payment of outstanding pari-mutuel tickets, if unclaimed prior
22to December 31 of the next year, shall be retained by the
23licensee for payment of such tickets until that date. Within 10
24days thereafter, the balance of such sum remaining unclaimed,
25less any uncashed supplements contributed by such licensee for
26the purpose of guaranteeing minimum distributions of any

 

 

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1pari-mutuel pool, shall be paid to the Illinois Veterans'
2Rehabilitation Fund of the State treasury, except as provided
3in subsection (g) of Section 27 of this Act.
4    (c-5) Beginning January 1, 2000, the sum held by any
5licensee for payment of outstanding pari-mutuel tickets, if
6unclaimed prior to December 31 of the next year, shall be
7retained by the licensee for payment of such tickets until that
8date. Within 10 days thereafter, the balance of such sum
9remaining unclaimed, less any uncashed supplements contributed
10by such licensee for the purpose of guaranteeing minimum
11distributions of any pari-mutuel pool, shall be evenly
12distributed to the purse account of the organization licensee
13and the organization licensee.
14    (d) A pari-mutuel ticket shall be honored until December 31
15of the next calendar year, and the licensee shall pay the same
16and may charge the amount thereof against unpaid money
17similarly accumulated on account of pari-mutuel tickets not
18presented for payment.
19    (e) No licensee shall knowingly permit any minor, other
20than an employee of such licensee or an owner, trainer, jockey,
21driver, or employee thereof, to be admitted during a racing
22program unless accompanied by a parent or guardian, or any
23minor to be a patron of the pari-mutuel system of wagering
24conducted or supervised by it. The admission of any
25unaccompanied minor, other than an employee of the licensee or
26an owner, trainer, jockey, driver, or employee thereof at a

 

 

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1race track is a Class C misdemeanor.
2    (f) Notwithstanding the other provisions of this Act, an
3organization licensee may contract with an entity in another
4state or country to permit any legal wagering entity in another
5state or country to accept wagers solely within such other
6state or country on races conducted by the organization
7licensee in this State. Beginning January 1, 2000, these wagers
8shall not be subject to State taxation. Until January 1, 2000,
9when the out-of-State entity conducts a pari-mutuel pool
10separate from the organization licensee, a privilege tax equal
11to 7 1/2% of all monies received by the organization licensee
12from entities in other states or countries pursuant to such
13contracts is imposed on the organization licensee, and such
14privilege tax shall be remitted to the Department of Revenue
15within 48 hours of receipt of the moneys from the simulcast.
16When the out-of-State entity conducts a combined pari-mutuel
17pool with the organization licensee, the tax shall be 10% of
18all monies received by the organization licensee with 25% of
19the receipts from this 10% tax to be distributed to the county
20in which the race was conducted.
21    An organization licensee may permit one or more of its
22races to be utilized for pari-mutuel wagering at one or more
23locations in other states and may transmit audio and visual
24signals of races the organization licensee conducts to one or
25more locations outside the State or country and may also permit
26pari-mutuel pools in other states or countries to be combined

 

 

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1with its gross or net wagering pools or with wagering pools
2established by other states.
3    (g) A host track may accept interstate simulcast wagers on
4horse races conducted in other states or countries and shall
5control the number of signals and types of breeds of racing in
6its simulcast program, subject to the disapproval of the Board.
7The Board may prohibit a simulcast program only if it finds
8that the simulcast program is clearly adverse to the integrity
9of racing. The host track simulcast program shall include the
10signal of live racing of all organization licensees. All
11non-host licensees and advance deposit wagering licensees
12shall carry the signal of and accept wagers on live racing of
13all organization licensees. Advance deposit wagering licensees
14shall not be permitted to accept out-of-state wagers on any
15Illinois signal provided pursuant to this Section without the
16approval and consent of the organization licensee providing the
17signal. For one year after the effective date of this
18amendatory Act of the 98th General Assembly, non-host licensees
19may carry the host track simulcast program and shall accept
20wagers on all races included as part of the simulcast program
21of horse races conducted at race tracks located within North
22America upon which wagering is permitted. For a period of one
23year after the effective date of this amendatory Act of the
2498th General Assembly, on horse races conducted at race tracks
25located outside of North America, non-host licensees may accept
26wagers on all races included as part of the simulcast program

 

 

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1upon which wagering is permitted. Beginning one year after the
2effective date of this amendatory Act of the 98th General
3Assembly, non-host licensees may carry the host track simulcast
4program and shall accept wagers on all races included as part
5of the simulcast program upon which wagering is permitted. All
6organization licensees shall provide their live signal to all
7advance deposit wagering licensees for a simulcast commission
8fee not to exceed 6% of the advance deposit wagering licensee's
9Illinois handle on the organization licensee's signal without
10prior approval by the Board. The Board may adopt rules under
11which it may permit simulcast commission fees in excess of 6%.
12The Board shall adopt rules limiting the interstate commission
13fees charged to an advance deposit wagering licensee. The Board
14shall adopt rules regarding advance deposit wagering on
15interstate simulcast races that shall reflect, among other
16things, the General Assembly's desire to maximize revenues to
17the State, horsemen purses, and organizational licensees.
18However, organization licensees providing live signals
19pursuant to the requirements of this subsection (g) may
20petition the Board to withhold their live signals from an
21advance deposit wagering licensee if the organization licensee
22discovers and the Board finds reputable or credible information
23that the advance deposit wagering licensee is under
24investigation by another state or federal governmental agency,
25the advance deposit wagering licensee's license has been
26suspended in another state, or the advance deposit wagering

 

 

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1licensee's license is in revocation proceedings in another
2state. The organization licensee's provision of their live
3signal to an advance deposit wagering licensee under this
4subsection (g) pertains to wagers placed from within Illinois.
5Advance deposit wagering licensees may place advance deposit
6wagering terminals at wagering facilities as a convenience to
7customers. The advance deposit wagering licensee shall not
8charge or collect any fee from purses for the placement of the
9advance deposit wagering terminals. The costs and expenses of
10the host track and non-host licensees associated with
11interstate simulcast wagering, other than the interstate
12commission fee, shall be borne by the host track and all
13non-host licensees incurring these costs. The interstate
14commission fee shall not exceed 5% of Illinois handle on the
15interstate simulcast race or races without prior approval of
16the Board. The Board shall promulgate rules under which it may
17permit interstate commission fees in excess of 5%. The
18interstate commission fee and other fees charged by the sending
19racetrack, including, but not limited to, satellite decoder
20fees, shall be uniformly applied to the host track and all
21non-host licensees.
22    Notwithstanding any other provision of this Act, until
23February 1, 2017, an organization licensee, with the consent of
24the horsemen association representing the largest number of
25owners, trainers, jockeys, or standardbred drivers who race
26horses at that organization licensee's racing meeting, may

 

 

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1maintain a system whereby advance deposit wagering may take
2place or an organization licensee, with the consent of the
3horsemen association representing the largest number of
4owners, trainers, jockeys, or standardbred drivers who race
5horses at that organization licensee's racing meeting, may
6contract with another person to carry out a system of advance
7deposit wagering. Such consent may not be unreasonably
8withheld. Only with respect to an appeal to the Board that
9consent for an organization licensee that maintains its own
10advance deposit wagering system is being unreasonably
11withheld, the Board shall issue a final order within 30 days
12after initiation of the appeal, and the organization licensee's
13advance deposit wagering system may remain operational during
14that 30-day period. The actions of any organization licensee
15who conducts advance deposit wagering or any person who has a
16contract with an organization licensee to conduct advance
17deposit wagering who conducts advance deposit wagering on or
18after January 1, 2013 and prior to the effective date of this
19amendatory Act of the 98th General Assembly taken in reliance
20on the changes made to this subsection (g) by this amendatory
21Act of the 98th General Assembly are hereby validated, provided
22payment of all applicable pari-mutuel taxes are remitted to the
23Board. All advance deposit wagers placed from within Illinois
24must be placed through a Board-approved advance deposit
25wagering licensee; no other entity may accept an advance
26deposit wager from a person within Illinois. All advance

 

 

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1deposit wagering is subject to any rules adopted by the Board.
2The Board may adopt rules necessary to regulate advance deposit
3wagering through the use of emergency rulemaking in accordance
4with Section 5-45 of the Illinois Administrative Procedure Act.
5The General Assembly finds that the adoption of rules to
6regulate advance deposit wagering is deemed an emergency and
7necessary for the public interest, safety, and welfare. An
8advance deposit wagering licensee may retain all moneys as
9agreed to by contract with an organization licensee. Any moneys
10retained by the organization licensee from advance deposit
11wagering, not including moneys retained by the advance deposit
12wagering licensee, shall be paid 50% to the organization
13licensee's purse account and 50% to the organization licensee.
14With the exception of any organization licensee that is owned
15by a publicly traded company that is incorporated in a state
16other than Illinois and advance deposit wagering licensees
17under contract with such organization licensees, organization
18licensees that maintain advance deposit wagering systems and
19advance deposit wagering licensees that contract with
20organization licensees shall provide sufficiently detailed
21monthly accountings to the horsemen association representing
22the largest number of owners, trainers, jockeys, or
23standardbred drivers who race horses at that organization
24licensee's racing meeting so that the horsemen association, as
25an interested party, can confirm the accuracy of the amounts
26paid to the purse account at the horsemen association's

 

 

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

 

 

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1    an intertrack wagering licensee to its affiliated non-host
2    licensees. The interstate commission fee for a
3    supplemental interstate simulcast shall be paid by the
4    non-host licensee and its affiliated non-host licensees
5    receiving the simulcast.
6        (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
7    intertrack wagering licensee other than the host track may
8    receive supplemental interstate simulcasts only with the
9    consent of the host track, except when the Board finds that
10    the simulcast is clearly adverse to the integrity of
11    racing. Consent granted under this paragraph (2) to any
12    intertrack wagering licensee shall be deemed consent to all
13    non-host licensees. The interstate commission fee for the
14    supplemental interstate simulcast shall be paid by all
15    participating non-host licensees.
16        (3) Each licensee conducting interstate simulcast
17    wagering may retain, subject to the payment of all
18    applicable taxes and the purses, an amount not to exceed
19    17% of all money wagered. If any licensee conducts the
20    pari-mutuel system wagering on races conducted at
21    racetracks in another state or country, each such race or
22    race program shall be considered a separate racing day for
23    the purpose of determining the daily handle and computing
24    the privilege tax of that daily handle as provided in
25    subsection (a) of Section 27. Until January 1, 2000, from
26    the sums permitted to be retained pursuant to this

 

 

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1    subsection, each intertrack wagering location licensee
2    shall pay 1% of the pari-mutuel handle wagered on simulcast
3    wagering to the Horse Racing Tax Allocation Fund, subject
4    to the provisions of subparagraph (B) of paragraph (11) of
5    subsection (h) of Section 26 of this Act.
6        (4) A licensee who receives an interstate simulcast may
7    combine its gross or net pools with pools at the sending
8    racetracks pursuant to rules established by the Board. All
9    licensees combining their gross pools at a sending
10    racetrack shall adopt the take-out percentages of the
11    sending racetrack. A licensee may also establish a separate
12    pool and takeout structure for wagering purposes on races
13    conducted at race tracks outside of the State of Illinois.
14    The licensee may permit pari-mutuel wagers placed in other
15    states or countries to be combined with its gross or net
16    wagering pools or other wagering pools.
17        (5) After the payment of the interstate commission fee
18    (except for the interstate commission fee on a supplemental
19    interstate simulcast, which shall be paid by the host track
20    and by each non-host licensee through the host-track) and
21    all applicable State and local taxes, except as provided in
22    subsection (g) of Section 27 of this Act, the remainder of
23    moneys retained from simulcast wagering pursuant to this
24    subsection (g), and Section 26.2 shall be divided as
25    follows:
26            (A) For interstate simulcast wagers made at a host

 

 

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1        track, 50% to the host track and 50% to purses at the
2        host track.
3            (B) For wagers placed on interstate simulcast
4        races, supplemental simulcasts as defined in
5        subparagraphs (1) and (2), and separately pooled races
6        conducted outside of the State of Illinois made at a
7        non-host licensee, 25% to the host track, 25% to the
8        non-host licensee, and 50% to the purses at the host
9        track.
10        (6) Notwithstanding any provision in this Act to the
11    contrary, non-host licensees who derive their licenses
12    from a track located in a county with a population in
13    excess of 230,000 and that borders the Mississippi River
14    may receive supplemental interstate simulcast races at all
15    times subject to Board approval, which shall be withheld
16    only upon a finding that a supplemental interstate
17    simulcast is clearly adverse to the integrity of racing.
18        (7) Notwithstanding any provision of this Act to the
19    contrary, after payment of all applicable State and local
20    taxes and interstate commission fees, non-host licensees
21    who derive their licenses from a track located in a county
22    with a population in excess of 230,000 and that borders the
23    Mississippi River shall retain 50% of the retention from
24    interstate simulcast wagers and shall pay 50% to purses at
25    the track from which the non-host licensee derives its
26    license as follows:

 

 

09900SB2216ham001- 21 -LRB099 15447 AMC 48281 a

1            (A) Between January 1 and the third Friday in
2        February, inclusive, if no live thoroughbred racing is
3        occurring in Illinois during this period, when the
4        interstate simulcast is a standardbred race, the purse
5        share to its standardbred purse account;
6            (B) Between January 1 and the third Friday in
7        February, inclusive, if no live thoroughbred racing is
8        occurring in Illinois during this period, and the
9        interstate simulcast is a thoroughbred race, the purse
10        share to its interstate simulcast purse pool to be
11        distributed under paragraph (10) of this subsection
12        (g);
13            (C) Between January 1 and the third Friday in
14        February, inclusive, if live thoroughbred racing is
15        occurring in Illinois, between 6:30 a.m. and 6:30 p.m.
16        the purse share from wagers made during this time
17        period to its thoroughbred purse account and between
18        6:30 p.m. and 6:30 a.m. the purse share from wagers
19        made during this time period to its standardbred purse
20        accounts;
21            (D) Between the third Saturday in February and
22        December 31, when the interstate simulcast occurs
23        between the hours of 6:30 a.m. and 6:30 p.m., the purse
24        share to its thoroughbred purse account;
25            (E) Between the third Saturday in February and
26        December 31, when the interstate simulcast occurs

 

 

09900SB2216ham001- 22 -LRB099 15447 AMC 48281 a

1        between the hours of 6:30 p.m. and 6:30 a.m., the purse
2        share to its standardbred purse account.
3        (7.1) Notwithstanding any other provision of this Act
4    to the contrary, if no standardbred 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 p.m. and 6:30
10    a.m. during that calendar year shall be paid as follows:
11            (A) If the licensee that conducts horse racing at
12        that racetrack requests from the Board at least as many
13        racing dates as were conducted in calendar year 2000,
14        80% shall be paid to its thoroughbred purse account;
15        and
16            (B) Twenty percent shall be deposited into the
17        Illinois Colt Stakes Purse Distribution Fund and shall
18        be paid to purses for standardbred races for Illinois
19        conceived and foaled horses conducted at any county
20        fairgrounds. The moneys deposited into the Fund
21        pursuant to this subparagraph (B) shall be deposited
22        within 2 weeks after the day they were generated, shall
23        be in addition to and not in lieu of any other moneys
24        paid to standardbred purses under this Act, and shall
25        not be commingled with other moneys paid into that
26        Fund. The moneys deposited pursuant to this

 

 

09900SB2216ham001- 23 -LRB099 15447 AMC 48281 a

1        subparagraph (B) shall be allocated as provided by the
2        Department of Agriculture, with the advice and
3        assistance of the Illinois Standardbred Breeders Fund
4        Advisory Board.
5        (7.2) Notwithstanding any other provision of this Act
6    to the contrary, if no thoroughbred racing is conducted at
7    a racetrack located in Madison County during any calendar
8    year beginning on or after January 1, 2002, all moneys
9    derived by that racetrack from simulcast wagering and
10    inter-track wagering that (1) are to be used for purses and
11    (2) are generated between the hours of 6:30 a.m. and 6:30
12    p.m. during that calendar year shall be deposited as
13    follows:
14            (A) If the licensee that conducts horse racing at
15        that racetrack requests from the Board at least as many
16        racing dates as were conducted in calendar year 2000,
17        80% shall be deposited into its standardbred purse
18        account; and
19            (B) Twenty percent shall be deposited into the
20        Illinois Colt Stakes Purse Distribution Fund. Moneys
21        deposited into the Illinois Colt Stakes Purse
22        Distribution Fund pursuant to this subparagraph (B)
23        shall be paid to Illinois conceived and foaled
24        thoroughbred breeders' programs and to thoroughbred
25        purses for races conducted at any county fairgrounds
26        for Illinois conceived and foaled horses at the

 

 

09900SB2216ham001- 24 -LRB099 15447 AMC 48281 a

1        discretion of the Department of Agriculture, with the
2        advice and assistance of the Illinois Thoroughbred
3        Breeders Fund Advisory Board. The moneys deposited
4        into the Illinois Colt Stakes Purse Distribution Fund
5        pursuant to this subparagraph (B) shall be deposited
6        within 2 weeks after the day they were generated, shall
7        be in addition to and not in lieu of any other moneys
8        paid to thoroughbred purses under this Act, and shall
9        not be commingled with other moneys deposited into that
10        Fund.
11        (7.3) If no live standardbred racing is conducted at a
12    racetrack located in Madison County in calendar year 2000
13    or 2001, an organization licensee who is licensed to
14    conduct horse racing at that racetrack shall, before
15    January 1, 2002, pay all moneys derived from simulcast
16    wagering and inter-track wagering in calendar years 2000
17    and 2001 and paid into the licensee's standardbred purse
18    account as follows:
19            (A) Eighty percent to that licensee's thoroughbred
20        purse account to be used for thoroughbred purses; and
21            (B) Twenty percent to the Illinois Colt Stakes
22        Purse Distribution Fund.
23        Failure to make the payment to the Illinois Colt Stakes
24    Purse Distribution Fund before January 1, 2002 shall result
25    in the immediate revocation of the licensee's organization
26    license, inter-track wagering license, and inter-track

 

 

09900SB2216ham001- 25 -LRB099 15447 AMC 48281 a

1    wagering location license.
2        Moneys paid into the Illinois Colt Stakes Purse
3    Distribution Fund pursuant to this paragraph (7.3) shall be
4    paid to purses for standardbred races for Illinois
5    conceived and foaled horses conducted at any county
6    fairgrounds. Moneys paid into the Illinois Colt Stakes
7    Purse Distribution Fund pursuant to this paragraph (7.3)
8    shall be used as determined by the Department of
9    Agriculture, with the advice and assistance of the Illinois
10    Standardbred Breeders Fund Advisory Board, shall be in
11    addition to and not in lieu of any other moneys paid to
12    standardbred purses under this Act, and shall not be
13    commingled with any other moneys paid into that Fund.
14        (7.4) If live standardbred racing is conducted at a
15    racetrack located in Madison County at any time in calendar
16    year 2001 before the payment required under paragraph (7.3)
17    has been made, the organization licensee who is licensed to
18    conduct racing at that racetrack shall pay all moneys
19    derived by that racetrack from simulcast wagering and
20    inter-track wagering during calendar years 2000 and 2001
21    that (1) are to be used for purses and (2) are generated
22    between the hours of 6:30 p.m. and 6:30 a.m. during 2000 or
23    2001 to the standardbred purse account at that racetrack to
24    be used for standardbred purses.
25        (8) Notwithstanding any provision in this Act to the
26    contrary, an organization licensee from a track located in

 

 

09900SB2216ham001- 26 -LRB099 15447 AMC 48281 a

1    a county with a population in excess of 230,000 and that
2    borders the Mississippi River and its affiliated non-host
3    licensees shall not be entitled to share in any retention
4    generated on racing, inter-track wagering, or simulcast
5    wagering at any other Illinois wagering facility.
6        (8.1) Notwithstanding any provisions in this Act to the
7    contrary, if 2 organization licensees are conducting
8    standardbred race meetings concurrently between the hours
9    of 6:30 p.m. and 6:30 a.m., after payment of all applicable
10    State and local taxes and interstate commission fees, the
11    remainder of the amount retained from simulcast wagering
12    otherwise attributable to the host track and to host track
13    purses shall be split daily between the 2 organization
14    licensees and the purses at the tracks of the 2
15    organization licensees, respectively, based on each
16    organization licensee's share of the total live handle for
17    that day, provided that this provision shall not apply to
18    any non-host licensee that derives its license from a track
19    located in a county with a population in excess of 230,000
20    and that borders the Mississippi River.
21        (9) (Blank).
22        (10) (Blank).
23        (11) (Blank).
24        (12) The Board shall have authority to compel all host
25    tracks to receive the simulcast of any or all races
26    conducted at the Springfield or DuQuoin State fairgrounds

 

 

09900SB2216ham001- 27 -LRB099 15447 AMC 48281 a

1    and include all such races as part of their simulcast
2    programs.
3        (13) Notwithstanding any other provision of this Act,
4    in the event that the total Illinois pari-mutuel handle on
5    Illinois horse races at all wagering facilities in any
6    calendar year is less than 75% of the total Illinois
7    pari-mutuel handle on Illinois horse races at all such
8    wagering facilities for calendar year 1994, then each
9    wagering facility that has an annual total Illinois
10    pari-mutuel handle on Illinois horse races that is less
11    than 75% of the total Illinois pari-mutuel handle on
12    Illinois horse races at such wagering facility for calendar
13    year 1994, shall be permitted to receive, from any amount
14    otherwise payable to the purse account at the race track
15    with which the wagering facility is affiliated in the
16    succeeding calendar year, an amount equal to 2% of the
17    differential in total Illinois pari-mutuel handle on
18    Illinois horse races at the wagering facility between that
19    calendar year in question and 1994 provided, however, that
20    a wagering facility shall not be entitled to any such
21    payment until the Board certifies in writing to the
22    wagering facility the amount to which the wagering facility
23    is entitled and a schedule for payment of the amount to the
24    wagering facility, based on: (i) the racing dates awarded
25    to the race track affiliated with the wagering facility
26    during the succeeding year; (ii) the sums available or

 

 

09900SB2216ham001- 28 -LRB099 15447 AMC 48281 a

1    anticipated to be available in the purse account of the
2    race track affiliated with the wagering facility for purses
3    during the succeeding year; and (iii) the need to ensure
4    reasonable purse levels during the payment period. The
5    Board's certification shall be provided no later than
6    January 31 of the succeeding year. In the event a wagering
7    facility entitled to a payment under this paragraph (13) is
8    affiliated with a race track that maintains purse accounts
9    for both standardbred and thoroughbred racing, the amount
10    to be paid to the wagering facility shall be divided
11    between each purse account pro rata, based on the amount of
12    Illinois handle on Illinois standardbred and thoroughbred
13    racing respectively at the wagering facility during the
14    previous calendar year. Annually, the General Assembly
15    shall appropriate sufficient funds from the General
16    Revenue Fund to the Department of Agriculture for payment
17    into the thoroughbred and standardbred horse racing purse
18    accounts at Illinois pari-mutuel tracks. The amount paid to
19    each purse account shall be the amount certified by the
20    Illinois Racing Board in January to be transferred from
21    each account to each eligible racing facility in accordance
22    with the provisions of this Section.
23    (h) The Board may approve and license the conduct of
24inter-track wagering and simulcast wagering by inter-track
25wagering licensees and inter-track wagering location licensees
26subject to the following terms and conditions:

 

 

09900SB2216ham001- 29 -LRB099 15447 AMC 48281 a

1        (1) Any person licensed to conduct a race meeting (i)
2    at a track where 60 or more days of racing were conducted
3    during the immediately preceding calendar year or where
4    over the 5 immediately preceding calendar years an average
5    of 30 or more days of racing were conducted annually may be
6    issued an inter-track wagering license; (ii) at a track
7    located in a county that is bounded by the Mississippi
8    River, which has a population of less than 150,000
9    according to the 1990 decennial census, and an average of
10    at least 60 days of racing per year between 1985 and 1993
11    may be issued an inter-track wagering license; or (iii) at
12    a track located in Madison County that conducted at least
13    100 days of live racing during the immediately preceding
14    calendar year may be issued an inter-track wagering
15    license, unless a lesser schedule of live racing is the
16    result of (A) weather, unsafe track conditions, or other
17    acts of God; (B) an agreement between the organization
18    licensee and the associations representing the largest
19    number of owners, trainers, jockeys, or standardbred
20    drivers who race horses at that organization licensee's
21    racing meeting; or (C) a finding by the Board of
22    extraordinary circumstances and that it was in the best
23    interest of the public and the sport to conduct fewer than
24    100 days of live racing. Any such person having operating
25    control of the racing facility may also receive up to 6
26    inter-track wagering location licenses. In no event shall

 

 

09900SB2216ham001- 30 -LRB099 15447 AMC 48281 a

1    more than 6 inter-track wagering locations be established
2    for each eligible race track, except that an eligible race
3    track located in a county that has a population of more
4    than 230,000 and that is bounded by the Mississippi River
5    may establish up to 7 inter-track wagering locations and an
6    eligible race track located in Cook County may establish up
7    to 8 inter-track wagering locations. An application for
8    said license shall be filed with the Board prior to such
9    dates as may be fixed by the Board. With an application for
10    an inter-track wagering location license there shall be
11    delivered to the Board a certified check or bank draft
12    payable to the order of the Board for an amount equal to
13    $500. The application shall be on forms prescribed and
14    furnished by the Board. The application shall comply with
15    all other rules, regulations and conditions imposed by the
16    Board in connection therewith.
17        (2) The Board shall examine the applications with
18    respect to their conformity with this Act and the rules and
19    regulations imposed by the Board. If found to be in
20    compliance with the Act and rules and regulations of the
21    Board, the Board may then issue a license to conduct
22    inter-track wagering and simulcast wagering to such
23    applicant. All such applications shall be acted upon by the
24    Board at a meeting to be held on such date as may be fixed
25    by the Board.
26        (3) In granting licenses to conduct inter-track

 

 

09900SB2216ham001- 31 -LRB099 15447 AMC 48281 a

1    wagering and simulcast wagering, the Board shall give due
2    consideration to the best interests of the public, of horse
3    racing, and of maximizing revenue to the State.
4        (4) Prior to the issuance of a license to conduct
5    inter-track wagering and simulcast wagering, the applicant
6    shall file with the Board a bond payable to the State of
7    Illinois in the sum of $50,000, executed by the applicant
8    and a surety company or companies authorized to do business
9    in this State, and conditioned upon (i) the payment by the
10    licensee of all taxes due under Section 27 or 27.1 and any
11    other monies due and payable under this Act, and (ii)
12    distribution by the licensee, upon presentation of the
13    winning ticket or tickets, of all sums payable to the
14    patrons of pari-mutuel pools.
15        (5) Each license to conduct inter-track wagering and
16    simulcast wagering shall specify the person to whom it is
17    issued, the dates on which such wagering is permitted, and
18    the track or location where the wagering is to be
19    conducted.
20        (6) All wagering under such license is subject to this
21    Act and to the rules and regulations from time to time
22    prescribed by the Board, and every such license issued by
23    the Board shall contain a recital to that effect.
24        (7) An inter-track wagering licensee or inter-track
25    wagering location licensee may accept wagers at the track
26    or location where it is licensed, or as otherwise provided

 

 

09900SB2216ham001- 32 -LRB099 15447 AMC 48281 a

1    under this Act.
2        (8) Inter-track wagering or simulcast wagering shall
3    not be conducted at any track less than 5 miles from a
4    track at which a racing meeting is in progress.
5        (8.1) Inter-track wagering location licensees who
6    derive their licenses from a particular organization
7    licensee shall conduct inter-track wagering and simulcast
8    wagering only at locations that are within 140 miles of
9    that race track where the particular organization licensee
10    is licensed to conduct racing. However, inter-track
11    wagering and simulcast wagering shall not be conducted by
12    those licensees at any location within 5 miles of any race
13    track at which a horse race meeting has been licensed in
14    the current year, unless the person having operating
15    control of such race track has given its written consent to
16    such inter-track wagering location licensees, which
17    consent must be filed with the Board at or prior to the
18    time application is made. In the case of any inter-track
19    wagering location licensee initially licensed after
20    December 31, 2013, inter-track wagering and simulcast
21    wagering shall not be conducted by those inter-track
22    wagering location licensees that are located outside the
23    City of Chicago at any location within 8 miles of any race
24    track at which a horse race meeting has been licensed in
25    the current year, unless the person having operating
26    control of such race track has given its written consent to

 

 

09900SB2216ham001- 33 -LRB099 15447 AMC 48281 a

1    such inter-track wagering location licensees, which
2    consent must be filed with the Board at or prior to the
3    time application is made.
4        (8.2) Inter-track wagering or simulcast wagering shall
5    not be conducted by an inter-track wagering location
6    licensee at any location within 500 feet of an existing
7    church or existing school, nor within 500 feet of the
8    residences of more than 50 registered voters without
9    receiving written permission from a majority of the
10    registered voters at such residences. Such written
11    permission statements shall be filed with the Board. The
12    distance of 500 feet shall be measured to the nearest part
13    of any building used for worship services, education
14    programs, residential purposes, 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 500
18    feet of a church, school or residences of 50 or more
19    registered voters if such church, school or residences have
20    been erected or established, or such voters have been
21    registered, after the Board issues the original
22    inter-track wagering location license at the site in
23    question. Inter-track wagering location licensees may
24    conduct inter-track wagering and simulcast wagering only
25    in areas that are zoned for commercial or manufacturing
26    purposes or in areas for which a special use has been

 

 

09900SB2216ham001- 34 -LRB099 15447 AMC 48281 a

1    approved by the local zoning authority. However, no license
2    to conduct inter-track wagering and simulcast wagering
3    shall be granted by the Board with respect to any
4    inter-track wagering location within the jurisdiction of
5    any local zoning authority which has, by ordinance or by
6    resolution, prohibited the establishment of an inter-track
7    wagering location within its jurisdiction. However,
8    inter-track wagering and simulcast wagering may be
9    conducted at a site if such ordinance or resolution is
10    enacted after the Board licenses the original inter-track
11    wagering location licensee for the site in question.
12        (9) (Blank).
13        (10) An inter-track wagering licensee or an
14    inter-track wagering location licensee may retain, subject
15    to the payment of the privilege taxes and the purses, an
16    amount not to exceed 17% of all money wagered. Each program
17    of racing conducted by each inter-track wagering licensee
18    or inter-track wagering location licensee shall be
19    considered a separate racing day for the purpose of
20    determining the daily handle and computing the privilege
21    tax or pari-mutuel tax on such daily handle as provided in
22    Section 27.
23        (10.1) Except as provided in subsection (g) of Section
24    27 of this Act, inter-track wagering location licensees
25    shall pay 1% of the pari-mutuel handle at each location to
26    the municipality in which such location is situated and 1%

 

 

09900SB2216ham001- 35 -LRB099 15447 AMC 48281 a

1    of the pari-mutuel handle at each location to the county in
2    which such location is situated. In the event that an
3    inter-track wagering location licensee is situated in an
4    unincorporated area of a county, such licensee shall pay 2%
5    of the pari-mutuel handle from such location to such
6    county.
7        (10.2) Notwithstanding any other provision of this
8    Act, with respect to intertrack wagering at a race track
9    located in a county that has a population of more than
10    230,000 and that is bounded by the Mississippi River ("the
11    first race track"), or at a facility operated by an
12    inter-track wagering licensee or inter-track wagering
13    location licensee that derives its license from the
14    organization licensee that operates the first race track,
15    on races conducted at the first race track or on races
16    conducted at another Illinois race track and
17    simultaneously televised to the first race track or to a
18    facility operated by an inter-track wagering licensee or
19    inter-track wagering location licensee that derives its
20    license from the organization licensee that operates the
21    first race track, those moneys shall be allocated as
22    follows:
23            (A) That portion of all moneys wagered on
24        standardbred racing that is required under this Act to
25        be paid to purses shall be paid to purses for
26        standardbred races.

 

 

09900SB2216ham001- 36 -LRB099 15447 AMC 48281 a

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

 

 

09900SB2216ham001- 37 -LRB099 15447 AMC 48281 a

1    pay (i) the privilege or pari-mutuel tax to the State; (ii)
2    4.75% of the pari-mutuel handle on intertrack wagering at
3    such location on races as purses, except that an intertrack
4    wagering location licensee that derives its license from a
5    track located in a county with a population in excess of
6    230,000 and that borders the Mississippi River shall retain
7    all purse moneys for its own purse account consistent with
8    distribution set forth in this subsection (h), and
9    intertrack wagering location licensees that accept wagers
10    on races conducted by an organization licensee located in a
11    county with a population in excess of 230,000 and that
12    borders the Mississippi River shall distribute all purse
13    moneys to purses at the operating host track; (iii) until
14    January 1, 2000, except as provided in subsection (g) of
15    Section 27 of this Act, 1% of the pari-mutuel handle
16    wagered on inter-track wagering and simulcast wagering at
17    each inter-track wagering location licensee facility to
18    the Horse Racing Tax Allocation Fund, provided that, to the
19    extent the total amount collected and distributed to the
20    Horse Racing Tax Allocation Fund under this subsection (h)
21    during any calendar year exceeds the amount collected and
22    distributed to the Horse Racing Tax Allocation Fund during
23    calendar year 1994, that excess amount shall be
24    redistributed (I) to all inter-track wagering location
25    licensees, based on each licensee's pro-rata share of the
26    total handle from inter-track wagering and simulcast

 

 

09900SB2216ham001- 38 -LRB099 15447 AMC 48281 a

1    wagering for all inter-track wagering location licensees
2    during the calendar year in which this provision is
3    applicable; then (II) the amounts redistributed to each
4    inter-track wagering location licensee as described in
5    subpart (I) shall be further redistributed as provided in
6    subparagraph (B) of paragraph (5) of subsection (g) of this
7    Section 26 provided first, that the shares of those
8    amounts, which are to be redistributed to the host track or
9    to purses at the host track under subparagraph (B) of
10    paragraph (5) of subsection (g) of this Section 26 shall be
11    redistributed based on each host track's pro rata share of
12    the total inter-track wagering and simulcast wagering
13    handle at all host tracks during the calendar year in
14    question, and second, that any amounts redistributed as
15    described in part (I) to an inter-track wagering location
16    licensee that accepts wagers on races conducted by an
17    organization licensee that conducts a race meet in a county
18    with a population in excess of 230,000 and that borders the
19    Mississippi River shall be further redistributed as
20    provided in subparagraphs (D) and (E) of paragraph (7) of
21    subsection (g) of this Section 26, with the portion of that
22    further redistribution allocated to purses at that
23    organization licensee to be divided between standardbred
24    purses and thoroughbred purses based on the amounts
25    otherwise allocated to purses at that organization
26    licensee during the calendar year in question; and (iv) 8%

 

 

09900SB2216ham001- 39 -LRB099 15447 AMC 48281 a

1    of the pari-mutuel handle on inter-track wagering wagered
2    at such location to satisfy all costs and expenses of
3    conducting its wagering. The remainder of the monies
4    retained by the inter-track wagering location licensee
5    shall be allocated 40% to the location licensee and 60% to
6    the organization licensee which provides the Illinois
7    races to the location, except that an intertrack wagering
8    location licensee that derives its license from a track
9    located in a county with a population in excess of 230,000
10    and that borders the Mississippi River shall not divide any
11    remaining retention with the organization licensee that
12    provides the race or races and an intertrack wagering
13    location licensee that accepts wagers on races conducted by
14    an organization licensee that conducts a race meet in a
15    county with a population in excess of 230,000 and that
16    borders the Mississippi River shall not divide any
17    remaining retention with the organization licensee.
18    Notwithstanding the provisions of clauses (ii) and (iv) of
19    this paragraph, in the case of the additional inter-track
20    wagering location licenses authorized under paragraph (1)
21    of this subsection (h) by this amendatory Act of 1991,
22    those licensees shall pay the following amounts as purses:
23    during the first 12 months the licensee is in operation,
24    5.25% of the pari-mutuel handle wagered at the location on
25    races; during the second 12 months, 5.25%; during the third
26    12 months, 5.75%; during the fourth 12 months, 6.25%; and

 

 

09900SB2216ham001- 40 -LRB099 15447 AMC 48281 a

1    during the fifth 12 months and thereafter, 6.75%. The
2    following amounts shall be retained by the licensee to
3    satisfy all costs and expenses of conducting its wagering:
4    during the first 12 months the licensee is in operation,
5    8.25% of the pari-mutuel handle wagered at the location;
6    during the second 12 months, 8.25%; during the third 12
7    months, 7.75%; during the fourth 12 months, 7.25%; and
8    during the fifth 12 months and thereafter, 6.75%. For
9    additional intertrack wagering location licensees
10    authorized under this amendatory Act of 1995, purses for
11    the first 12 months the licensee is in operation shall be
12    5.75% of the pari-mutuel wagered at the location, purses
13    for the second 12 months the licensee is in operation shall
14    be 6.25%, and purses thereafter shall be 6.75%. For
15    additional intertrack location licensees authorized under
16    this amendatory Act of 1995, the licensee shall be allowed
17    to retain to satisfy all costs and expenses: 7.75% of the
18    pari-mutuel handle wagered at the location during its first
19    12 months of operation, 7.25% during its second 12 months
20    of operation, and 6.75% thereafter.
21        (C) There is hereby created the Horse Racing Tax
22    Allocation Fund which shall remain in existence until
23    December 31, 1999. Moneys remaining in the Fund after
24    December 31, 1999 shall be paid into the General Revenue
25    Fund. Until January 1, 2000, all monies paid into the Horse
26    Racing Tax Allocation Fund pursuant to this paragraph (11)

 

 

09900SB2216ham001- 41 -LRB099 15447 AMC 48281 a

1    by inter-track wagering location licensees located in park
2    districts of 500,000 population or less, or in a
3    municipality that is not included within any park district
4    but is included within a conservation district and is the
5    county seat of a county that (i) is contiguous to the state
6    of Indiana and (ii) has a 1990 population of 88,257
7    according to the United States Bureau of the Census, and
8    operating on May 1, 1994 shall be allocated by
9    appropriation as follows:
10            Two-sevenths to the Department of Agriculture.
11        Fifty percent of this two-sevenths shall be used to
12        promote the Illinois horse racing and breeding
13        industry, and shall be distributed by the Department of
14        Agriculture upon the advice of a 9-member committee
15        appointed by the Governor consisting of the following
16        members: the Director of Agriculture, who shall serve
17        as chairman; 2 representatives of organization
18        licensees conducting thoroughbred race meetings in
19        this State, recommended by those licensees; 2
20        representatives of organization licensees conducting
21        standardbred race meetings in this State, recommended
22        by those licensees; a representative of the Illinois
23        Thoroughbred Breeders and Owners Foundation,
24        recommended by that Foundation; a representative of
25        the Illinois Standardbred Owners and Breeders
26        Association, recommended by that Association; a

 

 

09900SB2216ham001- 42 -LRB099 15447 AMC 48281 a

1        representative of the Horsemen's Benevolent and
2        Protective Association or any successor organization
3        thereto established in Illinois comprised of the
4        largest number of owners and trainers, recommended by
5        that Association or that successor organization; and a
6        representative of the Illinois Harness Horsemen's
7        Association, recommended by that Association.
8        Committee members shall serve for terms of 2 years,
9        commencing January 1 of each even-numbered year. If a
10        representative of any of the above-named entities has
11        not been recommended by January 1 of any even-numbered
12        year, the Governor shall appoint a committee member to
13        fill that position. Committee members shall receive no
14        compensation for their services as members but shall be
15        reimbursed for all actual and necessary expenses and
16        disbursements incurred in the performance of their
17        official duties. The remaining 50% of this
18        two-sevenths shall be distributed to county fairs for
19        premiums and rehabilitation as set forth in the
20        Agricultural Fair Act;
21            Four-sevenths to park districts or municipalities
22        that do not have a park district of 500,000 population
23        or less for museum purposes (if an inter-track wagering
24        location licensee is located in such a park district)
25        or to conservation districts for museum purposes (if an
26        inter-track wagering location licensee is located in a

 

 

09900SB2216ham001- 43 -LRB099 15447 AMC 48281 a

1        municipality that is not included within any park
2        district but is included within a conservation
3        district and is the county seat of a county that (i) is
4        contiguous to the state of Indiana and (ii) has a 1990
5        population of 88,257 according to the United States
6        Bureau of the Census, except that if the conservation
7        district does not maintain a museum, the monies shall
8        be allocated equally between the county and the
9        municipality in which the inter-track wagering
10        location licensee is located for general purposes) or
11        to a municipal recreation board for park purposes (if
12        an inter-track wagering location licensee is located
13        in a municipality that is not included within any park
14        district and park maintenance is the function of the
15        municipal recreation board and the municipality has a
16        1990 population of 9,302 according to the United States
17        Bureau of the Census); provided that the monies are
18        distributed to each park district or conservation
19        district or municipality that does not have a park
20        district in an amount equal to four-sevenths of the
21        amount collected by each inter-track wagering location
22        licensee within the park district or conservation
23        district or municipality for the Fund. Monies that were
24        paid into the Horse Racing Tax Allocation Fund before
25        the effective date of this amendatory Act of 1991 by an
26        inter-track wagering location licensee located in a

 

 

09900SB2216ham001- 44 -LRB099 15447 AMC 48281 a

1        municipality that is not included within any park
2        district but is included within a conservation
3        district as provided in this paragraph shall, as soon
4        as practicable after the effective date of this
5        amendatory Act of 1991, be allocated and paid to that
6        conservation district as provided in this paragraph.
7        Any park district or municipality not maintaining a
8        museum may deposit the monies in the corporate fund of
9        the park district or municipality where the
10        inter-track wagering location is located, to be used
11        for general purposes; and
12            One-seventh to the Agricultural Premium Fund to be
13        used for distribution to agricultural home economics
14        extension councils in accordance with "An Act in
15        relation to additional support and finances for the
16        Agricultural and Home Economic Extension Councils in
17        the several counties of this State and making an
18        appropriation therefor", approved July 24, 1967.
19        Until January 1, 2000, all other monies paid into the
20    Horse Racing Tax Allocation Fund pursuant to this paragraph
21    (11) shall be allocated by appropriation as follows:
22            Two-sevenths to the Department of Agriculture.
23        Fifty percent of this two-sevenths shall be used to
24        promote the Illinois horse racing and breeding
25        industry, and shall be distributed by the Department of
26        Agriculture upon the advice of a 9-member committee

 

 

09900SB2216ham001- 45 -LRB099 15447 AMC 48281 a

1        appointed by the Governor consisting of the following
2        members: the Director of Agriculture, who shall serve
3        as chairman; 2 representatives of organization
4        licensees conducting thoroughbred race meetings in
5        this State, recommended by those licensees; 2
6        representatives of organization licensees conducting
7        standardbred race meetings in this State, recommended
8        by those licensees; a representative of the Illinois
9        Thoroughbred Breeders and Owners Foundation,
10        recommended by that Foundation; a representative of
11        the Illinois Standardbred Owners and Breeders
12        Association, recommended by that Association; a
13        representative of the Horsemen's Benevolent and
14        Protective Association or any successor organization
15        thereto established in Illinois comprised of the
16        largest number of owners and trainers, recommended by
17        that Association or that successor organization; and a
18        representative of the Illinois Harness Horsemen's
19        Association, recommended by that Association.
20        Committee members shall serve for terms of 2 years,
21        commencing January 1 of each even-numbered year. If a
22        representative of any of the above-named entities has
23        not been recommended by January 1 of any even-numbered
24        year, the Governor shall appoint a committee member to
25        fill that position. Committee members shall receive no
26        compensation for their services as members but shall be

 

 

09900SB2216ham001- 46 -LRB099 15447 AMC 48281 a

1        reimbursed for all actual and necessary expenses and
2        disbursements incurred in the performance of their
3        official duties. The remaining 50% of this
4        two-sevenths shall be distributed to county fairs for
5        premiums and rehabilitation as set forth in the
6        Agricultural Fair Act;
7            Four-sevenths to museums and aquariums located in
8        park districts of over 500,000 population; provided
9        that the monies are distributed in accordance with the
10        previous year's distribution of the maintenance tax
11        for such museums and aquariums as provided in Section 2
12        of the Park District Aquarium and Museum Act; and
13            One-seventh to the Agricultural Premium Fund to be
14        used for distribution to agricultural home economics
15        extension councils in accordance with "An Act in
16        relation to additional support and finances for the
17        Agricultural and Home Economic Extension Councils in
18        the several counties of this State and making an
19        appropriation therefor", approved July 24, 1967. This
20        subparagraph (C) shall be inoperative and of no force
21        and effect on and after January 1, 2000.
22            (D) Except as provided in paragraph (11) of this
23        subsection (h), with respect to purse allocation from
24        intertrack wagering, the monies so retained shall be
25        divided as follows:
26                (i) If the inter-track wagering licensee,

 

 

09900SB2216ham001- 47 -LRB099 15447 AMC 48281 a

1            except an intertrack wagering licensee that
2            derives its license from an organization licensee
3            located in a county with a population in excess of
4            230,000 and bounded by the Mississippi River, is
5            not conducting its own race meeting during the same
6            dates, then the entire purse allocation shall be to
7            purses at the track where the races wagered on are
8            being conducted.
9                (ii) If the inter-track wagering licensee,
10            except an intertrack wagering licensee that
11            derives its license from an organization licensee
12            located in a county with a population in excess of
13            230,000 and bounded by the Mississippi River, is
14            also conducting its own race meeting during the
15            same dates, then the purse allocation shall be as
16            follows: 50% to purses at the track where the races
17            wagered on are being conducted; 50% to purses at
18            the track where the inter-track wagering licensee
19            is accepting such wagers.
20                (iii) If the inter-track wagering is being
21            conducted by an inter-track wagering location
22            licensee, except an intertrack wagering location
23            licensee that derives its license from an
24            organization licensee located in a county with a
25            population in excess of 230,000 and bounded by the
26            Mississippi River, the entire purse allocation for

 

 

09900SB2216ham001- 48 -LRB099 15447 AMC 48281 a

1            Illinois races shall be to purses at the track
2            where the race meeting being wagered on is being
3            held.
4        (12) The Board shall have all powers necessary and
5    proper to fully supervise and control the conduct of
6    inter-track wagering and simulcast wagering by inter-track
7    wagering licensees and inter-track wagering location
8    licensees, including, but not limited to the following:
9            (A) The Board is vested with power to promulgate
10        reasonable rules and regulations for the purpose of
11        administering the conduct of this wagering and to
12        prescribe reasonable rules, regulations and conditions
13        under which such wagering shall be held and conducted.
14        Such rules and regulations are to provide for the
15        prevention of practices detrimental to the public
16        interest and for the best interests of said wagering
17        and to impose penalties for violations thereof.
18            (B) The Board, and any person or persons to whom it
19        delegates this power, is vested with the power to enter
20        the facilities of any licensee to determine whether
21        there has been compliance with the provisions of this
22        Act and the rules and regulations relating to the
23        conduct of such wagering.
24            (C) The Board, and any person or persons to whom it
25        delegates this power, may eject or exclude from any
26        licensee's facilities, any person whose conduct or

 

 

09900SB2216ham001- 49 -LRB099 15447 AMC 48281 a

1        reputation is such that his presence on such premises
2        may, in the opinion of the Board, call into the
3        question the honesty and integrity of, or interfere
4        with the orderly conduct of such wagering; provided,
5        however, that no person shall be excluded or ejected
6        from such premises solely on the grounds of race,
7        color, creed, national origin, ancestry, or sex.
8            (D) (Blank).
9            (E) The Board is vested with the power to appoint
10        delegates to execute any of the powers granted to it
11        under this Section for the purpose of administering
12        this wagering and any rules and regulations
13        promulgated in accordance with this Act.
14            (F) The Board shall name and appoint a State
15        director of this wagering who shall be a representative
16        of the Board and whose duty it shall be to supervise
17        the conduct of inter-track wagering as may be provided
18        for by the rules and regulations of the Board; such
19        rules and regulation shall specify the method of
20        appointment and the Director's powers, authority and
21        duties.
22            (G) The Board is vested with the power to impose
23        civil penalties of up to $5,000 against individuals and
24        up to $10,000 against licensees for each violation of
25        any provision of this Act relating to the conduct of
26        this wagering, any rules adopted by the Board, any

 

 

09900SB2216ham001- 50 -LRB099 15447 AMC 48281 a

1        order of the Board or any other action which in the
2        Board's discretion, is a detriment or impediment to
3        such wagering.
4        (13) The Department of Agriculture may enter into
5    agreements with licensees authorizing such licensees to
6    conduct inter-track wagering on races to be held at the
7    licensed race meetings conducted by the Department of
8    Agriculture. Such agreement shall specify the races of the
9    Department of Agriculture's licensed race meeting upon
10    which the licensees will conduct wagering. In the event
11    that a licensee conducts inter-track pari-mutuel wagering
12    on races from the Illinois State Fair or DuQuoin State Fair
13    which are in addition to the licensee's previously approved
14    racing program, those races shall be considered a separate
15    racing day for the purpose of determining the daily handle
16    and computing the privilege or pari-mutuel tax on that
17    daily handle as provided in Sections 27 and 27.1. Such
18    agreements shall be approved by the Board before such
19    wagering may be conducted. In determining whether to grant
20    approval, the Board shall give due consideration to the
21    best interests of the public and of horse racing. The
22    provisions of paragraphs (1), (8), (8.1), and (8.2) of
23    subsection (h) of this Section which are not specified in
24    this paragraph (13) shall not apply to licensed race
25    meetings conducted by the Department of Agriculture at the
26    Illinois State Fair in Sangamon County or the DuQuoin State

 

 

09900SB2216ham001- 51 -LRB099 15447 AMC 48281 a

1    Fair in Perry County, or to any wagering conducted on those
2    race meetings.
3    (i) Notwithstanding the other provisions of this Act, the
4conduct of wagering at wagering facilities is authorized on all
5days, except as limited by subsection (b) of Section 19 of this
6Act.
7(Source: P.A. 97-1060, eff. 8-24-12; 98-18, eff. 6-7-13;
898-624, eff. 1-29-14; 98-968, eff. 8-15-14.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.".