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Rep. Chad Hays
Filed: 5/26/2017
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1 | | AMENDMENT TO SENATE BILL 1804
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2 | | AMENDMENT NO. ______. Amend Senate Bill 1804 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 3. The Illinois Horse Racing Act of 1975 is |
5 | | amended by changing Sections 26, 26.8, 26.9, and 27 as follows:
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6 | | (230 ILCS 5/26) (from Ch. 8, par. 37-26)
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7 | | Sec. 26. Wagering.
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8 | | (a) Any licensee may conduct and supervise the pari-mutuel |
9 | | system of
wagering, as defined in Section 3.12 of this Act, on |
10 | | horse races conducted by
an Illinois organization
licensee or |
11 | | conducted at a racetrack located in another state or country |
12 | | and
televised in Illinois in accordance with subsection (g) of |
13 | | Section 26 of this
Act. Subject to the prior consent of the |
14 | | Board, licensees may supplement any
pari-mutuel pool in order |
15 | | to guarantee a minimum distribution. Such
pari-mutuel method of |
16 | | wagering shall not,
under any circumstances if conducted under |
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1 | | the provisions of this Act,
be held or construed to be |
2 | | unlawful, other statutes of this State to the
contrary |
3 | | notwithstanding.
Subject to rules for advance wagering |
4 | | promulgated by the Board, any
licensee
may accept wagers in |
5 | | advance of the day of
the race wagered upon occurs.
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6 | | (b) No other method of betting, pool making, wagering or
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7 | | gambling shall be used or permitted by the licensee. Each |
8 | | licensee
may retain, subject to the payment of all applicable
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9 | | taxes and purses, an amount not to exceed 17% of all money |
10 | | wagered
under subsection (a) of this Section, except as may |
11 | | otherwise be permitted
under this Act.
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12 | | (b-5) An individual may place a wager under the pari-mutuel |
13 | | system from
any licensed location authorized under this Act |
14 | | provided that wager is
electronically recorded in the manner |
15 | | described in Section 3.12 of this Act.
Any wager made |
16 | | electronically by an individual while physically on the |
17 | | premises
of a licensee shall be deemed to have been made at the |
18 | | premises of that
licensee.
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19 | | (c) Until January 1, 2000, the sum held by any licensee for |
20 | | payment of
outstanding pari-mutuel tickets, if unclaimed prior |
21 | | to December 31 of the
next year, shall be retained by the |
22 | | licensee for payment of
such tickets until that date. Within 10 |
23 | | days thereafter, the balance of
such sum remaining unclaimed, |
24 | | less any uncashed supplements contributed by such
licensee for |
25 | | the purpose of guaranteeing minimum distributions
of any |
26 | | pari-mutuel pool, shall be
paid to the
Illinois
Veterans'
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1 | | Rehabilitation Fund of the State treasury, except as provided |
2 | | in subsection
(g) of Section 27 of this Act.
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3 | | (c-5) Beginning January 1, 2000, the sum held by any |
4 | | licensee for payment
of
outstanding pari-mutuel tickets, if |
5 | | unclaimed prior to December 31 of the
next year, shall be |
6 | | retained by the licensee for payment of
such tickets until that |
7 | | date. Within 10 days thereafter, the balance of
such sum |
8 | | remaining unclaimed, less any uncashed supplements contributed |
9 | | by such
licensee for the purpose of guaranteeing minimum |
10 | | distributions
of any pari-mutuel pool, shall be evenly |
11 | | distributed to the purse account of
the organization licensee |
12 | | and the organization licensee.
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13 | | (d) A pari-mutuel ticket shall be honored until December 31 |
14 | | of the
next calendar year, and the licensee shall pay the same |
15 | | and may
charge the amount thereof against unpaid money |
16 | | similarly accumulated on account
of pari-mutuel tickets not |
17 | | presented for payment.
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18 | | (e) No licensee shall knowingly permit any minor, other
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19 | | than an employee of such licensee or an owner, trainer,
jockey, |
20 | | driver, or employee thereof, to be admitted during a racing
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21 | | program unless accompanied by a parent or guardian, or any |
22 | | minor to be a
patron of the pari-mutuel system of wagering |
23 | | conducted or
supervised by it. The admission of any |
24 | | unaccompanied minor, other than
an employee of the licensee or |
25 | | an owner, trainer, jockey,
driver, or employee thereof at a |
26 | | race track is a Class C
misdemeanor.
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1 | | (f) Notwithstanding the other provisions of this Act, an
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2 | | organization licensee may contract
with an entity in another |
3 | | state or country to permit any legal
wagering entity in another |
4 | | state or country to accept wagers solely within
such other |
5 | | state or country on races conducted by the organization |
6 | | licensee
in this State.
Beginning January 1, 2000, these wagers
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7 | | shall not be subject to State
taxation. Until January 1, 2000,
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8 | | when the out-of-State entity conducts a pari-mutuel pool
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9 | | separate from the organization licensee, a privilege tax equal |
10 | | to 7 1/2% of
all monies received by the organization licensee |
11 | | from entities in other states
or countries pursuant to such |
12 | | contracts is imposed on the organization
licensee, and such |
13 | | privilege tax shall be remitted to the
Department of Revenue
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14 | | within 48 hours of receipt of the moneys from the simulcast. |
15 | | When the
out-of-State entity conducts a
combined pari-mutuel |
16 | | pool with the organization licensee, the tax shall be 10%
of |
17 | | all monies received by the organization licensee with 25% of |
18 | | the
receipts from this 10% tax to be distributed to the county
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19 | | in which the race was conducted.
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20 | | An organization licensee may permit one or more of its |
21 | | races to be
utilized for
pari-mutuel wagering at one or more |
22 | | locations in other states and may
transmit audio and visual |
23 | | signals of races the organization licensee
conducts to one or
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24 | | more locations outside the State or country and may also permit |
25 | | pari-mutuel
pools in other states or countries to be combined |
26 | | with its gross or net
wagering pools or with wagering pools |
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1 | | established by other states.
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2 | | (g) A host track may accept interstate simulcast wagers on
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3 | | horse
races conducted in other states or countries and shall |
4 | | control the
number of signals and types of breeds of racing in |
5 | | its simulcast program,
subject to the disapproval of the Board. |
6 | | The Board may prohibit a simulcast
program only if it finds |
7 | | that the simulcast program is clearly
adverse to the integrity |
8 | | of racing. The host track
simulcast program shall
include the |
9 | | signal of live racing of all organization licensees.
All |
10 | | non-host licensees and advance deposit wagering licensees |
11 | | shall carry the signal of and accept wagers on live racing of |
12 | | all organization licensees. Advance deposit wagering licensees |
13 | | shall not be permitted to accept out-of-state wagers on any |
14 | | Illinois signal provided pursuant to this Section without the |
15 | | approval and consent of the organization licensee providing the |
16 | | signal. For one year after August 15, 2014 ( the effective date |
17 | | of Public Act 98-968) this amendatory Act of the 98th General |
18 | | Assembly , non-host licensees may carry the host track simulcast |
19 | | program and
shall accept wagers on all races included as part |
20 | | of the simulcast
program of horse races conducted at race |
21 | | tracks located within North America upon which wagering is |
22 | | permitted. For a period of one year after August 15, 2014 ( the |
23 | | effective date of Public Act 98-968) this amendatory Act of the |
24 | | 98th General Assembly , on horse races conducted at race tracks |
25 | | located outside of North America, non-host licensees may accept |
26 | | wagers on all races included as part of the simulcast program |
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1 | | upon which wagering is permitted. Beginning August 15, 2015 |
2 | | ( one year after the effective date of Public Act 98-968) this |
3 | | amendatory Act of the 98th General Assembly , non-host licensees |
4 | | may carry the host track simulcast program and shall accept |
5 | | wagers on all races included as part of the simulcast program |
6 | | upon which wagering is permitted.
All organization licensees |
7 | | shall provide their live signal to all advance deposit wagering |
8 | | licensees for a simulcast commission fee not to exceed 6% of |
9 | | the advance deposit wagering licensee's Illinois handle on the |
10 | | organization licensee's signal without prior approval by the |
11 | | Board. The Board may adopt rules under which it may permit |
12 | | simulcast commission fees in excess of 6%. The Board shall |
13 | | adopt rules limiting the interstate commission fees charged to |
14 | | an advance deposit wagering licensee. The Board shall adopt |
15 | | rules regarding advance deposit wagering on interstate |
16 | | simulcast races that shall reflect, among other things, the |
17 | | General Assembly's desire to maximize revenues to the State, |
18 | | horsemen purses, and organizational licensees. However, |
19 | | organization licensees providing live signals pursuant to the |
20 | | requirements of this subsection (g) may petition the Board to |
21 | | withhold their live signals from an advance deposit wagering |
22 | | licensee if the organization licensee discovers and the Board |
23 | | finds reputable or credible information that the advance |
24 | | deposit wagering licensee is under investigation by another |
25 | | state or federal governmental agency, the advance deposit |
26 | | wagering licensee's license has been suspended in another |
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1 | | state, or the advance deposit wagering licensee's license is in |
2 | | revocation proceedings in another state. The organization |
3 | | licensee's provision of their live signal to an advance deposit |
4 | | wagering licensee under this subsection (g) pertains to wagers |
5 | | placed from within Illinois. Advance deposit wagering |
6 | | licensees may place advance deposit wagering terminals at |
7 | | wagering facilities as a convenience to customers. The advance |
8 | | deposit wagering licensee shall not charge or collect any fee |
9 | | from purses for the placement of the advance deposit wagering |
10 | | terminals. The costs and expenses
of the host track and |
11 | | non-host licensees associated
with interstate simulcast
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12 | | wagering, other than the interstate
commission fee, shall be |
13 | | borne by the host track and all
non-host licensees
incurring |
14 | | these costs.
The interstate commission fee shall not exceed 5% |
15 | | of Illinois handle on the
interstate simulcast race or races |
16 | | without prior approval of the Board. The
Board shall promulgate |
17 | | rules under which it may permit
interstate commission
fees in |
18 | | excess of 5%. The interstate commission
fee and other fees |
19 | | charged by the sending racetrack, including, but not
limited |
20 | | to, satellite decoder fees, shall be uniformly applied
to the |
21 | | host track and all non-host licensees.
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22 | | Notwithstanding any other provision of this Act, through |
23 | | December 31, 2021 2018 , an organization licensee, with the |
24 | | consent of the horsemen association representing the largest |
25 | | number of owners, trainers, jockeys, or standardbred drivers |
26 | | who race horses at that organization licensee's racing meeting, |
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1 | | may maintain a system whereby advance deposit wagering may take |
2 | | place or an organization licensee, with the consent of the |
3 | | horsemen association representing the largest number of |
4 | | owners, trainers, jockeys, or standardbred drivers who race |
5 | | horses at that organization licensee's racing meeting, may |
6 | | contract with another person to carry out a system of advance |
7 | | deposit wagering. Such consent may not be unreasonably |
8 | | withheld. Only with respect to an appeal to the Board that |
9 | | consent for an organization licensee that maintains its own |
10 | | advance deposit wagering system is being unreasonably |
11 | | withheld, the Board shall issue a final order within 30 days |
12 | | after initiation of the appeal, and the organization licensee's |
13 | | advance deposit wagering system may remain operational during |
14 | | that 30-day period. The actions of any organization licensee |
15 | | who conducts advance deposit wagering or any person who has a |
16 | | contract with an organization licensee to conduct advance |
17 | | deposit wagering who conducts advance deposit wagering on or |
18 | | after January 1, 2013 and prior to June 7, 2013 ( the effective |
19 | | date of Public Act 98-18) this amendatory Act of the 98th |
20 | | General Assembly taken in reliance on the changes made to this |
21 | | subsection (g) by Public Act 98-18 this amendatory Act of the |
22 | | 98th General Assembly are hereby validated, provided payment of |
23 | | all applicable pari-mutuel taxes are remitted to the Board. All |
24 | | advance deposit wagers placed from within Illinois must be |
25 | | placed through a Board-approved advance deposit wagering |
26 | | licensee; no other entity may accept an advance deposit wager |
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1 | | from a person within Illinois. All advance deposit wagering is |
2 | | subject to any rules adopted by the Board. The Board may adopt |
3 | | rules necessary to regulate advance deposit wagering through |
4 | | the use of emergency rulemaking in accordance with Section 5-45 |
5 | | of the Illinois Administrative Procedure Act. The General |
6 | | Assembly finds that the adoption of rules to regulate advance |
7 | | deposit wagering is deemed an emergency and necessary for the |
8 | | public interest, safety, and welfare. An advance deposit |
9 | | wagering licensee may retain all moneys as agreed to by |
10 | | contract with an organization licensee. Any moneys retained by |
11 | | the organization licensee from advance deposit wagering, not |
12 | | including moneys retained by the advance deposit wagering |
13 | | licensee, shall be paid 50% to the organization licensee's |
14 | | purse account and 50% to the organization licensee. With the |
15 | | exception of any organization licensee that is owned by a |
16 | | publicly traded company that is incorporated in a state other |
17 | | than Illinois and advance deposit wagering licensees under |
18 | | contract with such organization licensees, organization |
19 | | licensees that maintain advance deposit wagering systems and |
20 | | advance deposit wagering licensees that contract with |
21 | | organization licensees shall provide sufficiently detailed |
22 | | monthly accountings to the horsemen association representing |
23 | | the largest number of owners, trainers, jockeys, or |
24 | | standardbred drivers who race horses at that organization |
25 | | licensee's racing meeting so that the horsemen association, as |
26 | | an interested party, can confirm the accuracy of the amounts |
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1 | | paid to the purse account at the horsemen association's |
2 | | affiliated organization licensee from advance deposit |
3 | | wagering. If more than one breed races at the same race track |
4 | | facility, then the 50% of the moneys to be paid to an |
5 | | organization licensee's purse account shall be allocated among |
6 | | all organization licensees' purse accounts operating at that |
7 | | race track facility proportionately based on the actual number |
8 | | of host days that the Board grants to that breed at that race |
9 | | track facility in the current calendar year. To the extent any |
10 | | fees from advance deposit wagering conducted in Illinois for |
11 | | wagers in Illinois or other states have been placed in escrow |
12 | | or otherwise withheld from wagers pending a determination of |
13 | | the legality of advance deposit wagering, no action shall be |
14 | | brought to declare such wagers or the disbursement of any fees |
15 | | previously escrowed illegal. |
16 | | (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
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17 | | inter-track intertrack wagering
licensee other than the |
18 | | host track may supplement the host track simulcast
program |
19 | | with additional simulcast races or race programs, provided |
20 | | that between
January 1 and the third Friday in February of |
21 | | any year, inclusive, if no live
thoroughbred racing is |
22 | | occurring in Illinois during this period, only
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23 | | thoroughbred races may be used
for supplemental interstate |
24 | | simulcast purposes. The Board shall withhold
approval for a |
25 | | supplemental interstate simulcast only if it finds that the
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26 | | simulcast is clearly adverse to the integrity of racing. A |
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1 | | supplemental
interstate simulcast may be transmitted from |
2 | | an inter-track intertrack wagering licensee to
its |
3 | | affiliated non-host licensees. The interstate commission |
4 | | fee for a
supplemental interstate simulcast shall be paid |
5 | | by the non-host licensee and
its affiliated non-host |
6 | | licensees receiving the simulcast.
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7 | | (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
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8 | | inter-track intertrack wagering
licensee other than the |
9 | | host track may receive supplemental interstate
simulcasts |
10 | | only with the consent of the host track, except when the |
11 | | Board
finds that the simulcast is
clearly adverse to the |
12 | | integrity of racing. Consent granted under this
paragraph |
13 | | (2) to any inter-track intertrack wagering licensee shall |
14 | | be deemed consent to
all non-host licensees. The interstate |
15 | | commission fee for the supplemental
interstate simulcast |
16 | | shall be paid
by all participating non-host licensees.
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17 | | (3) Each licensee conducting interstate simulcast |
18 | | wagering may retain,
subject to the payment of all |
19 | | applicable taxes and the purses, an amount not to
exceed |
20 | | 17% of all money wagered. If any licensee conducts the |
21 | | pari-mutuel
system wagering on races conducted at |
22 | | racetracks in another state or country,
each such race or |
23 | | race program shall be considered a separate racing day for
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24 | | the purpose of determining the daily handle and computing |
25 | | the privilege tax of
that daily handle as provided in |
26 | | subsection (a) of Section 27.
Until January 1, 2000,
from |
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1 | | the sums permitted to be retained pursuant to this |
2 | | subsection, each
inter-track intertrack wagering location |
3 | | licensee shall pay 1% of the pari-mutuel handle
wagered on |
4 | | simulcast wagering to the Horse Racing Tax Allocation Fund, |
5 | | subject
to the provisions of subparagraph (B) of paragraph |
6 | | (11) of subsection (h) of
Section 26 of this Act.
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7 | | (4) A licensee who receives an interstate simulcast may |
8 | | combine its gross
or net pools with pools at the sending |
9 | | racetracks pursuant to rules established
by the Board. All |
10 | | licensees combining their gross pools
at a
sending |
11 | | racetrack shall adopt the take-out percentages of the |
12 | | sending
racetrack.
A licensee may also establish a separate |
13 | | pool and takeout structure for
wagering purposes on races |
14 | | conducted at race tracks outside of the
State of Illinois. |
15 | | The licensee may permit pari-mutuel wagers placed in other
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16 | | states or
countries to be combined with its gross or net |
17 | | wagering pools or other
wagering pools.
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18 | | (5) After the payment of the interstate commission fee |
19 | | (except for the
interstate commission
fee on a supplemental |
20 | | interstate simulcast, which shall be paid by the host
track |
21 | | and by each non-host licensee through the host-track) and |
22 | | all applicable
State and local
taxes, except as provided in |
23 | | subsection (g) of Section 27 of this Act, the
remainder of |
24 | | moneys retained from simulcast wagering pursuant to this
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25 | | subsection (g), and Section 26.2 shall be divided as |
26 | | follows:
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1 | | (A) For interstate simulcast wagers made at a host |
2 | | track, 50% to the
host
track and 50% to purses at the |
3 | | host track.
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4 | | (B) For wagers placed on interstate simulcast |
5 | | races, supplemental
simulcasts as defined in |
6 | | subparagraphs (1) and (2), and separately pooled races
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7 | | conducted outside of the State of Illinois made at a |
8 | | non-host
licensee, 25% to the host
track, 25% to the |
9 | | non-host licensee, and 50% to the purses at the host |
10 | | track.
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11 | | (6) Notwithstanding any provision in this Act to the |
12 | | contrary, non-host
licensees
who derive their licenses |
13 | | from a track located in a county with a population in
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14 | | excess of 230,000 and that borders the Mississippi River |
15 | | may receive
supplemental interstate simulcast races at all |
16 | | times subject to Board approval,
which shall be withheld |
17 | | only upon a finding that a supplemental interstate
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18 | | simulcast is clearly adverse to the integrity of racing.
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19 | | (7) Notwithstanding any provision of this Act to the |
20 | | contrary, after
payment of all applicable State and local |
21 | | taxes and interstate commission fees,
non-host licensees |
22 | | who derive their licenses from a track located in a county
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23 | | with a population in excess of 230,000 and that borders the |
24 | | Mississippi River
shall retain 50% of the retention from |
25 | | interstate simulcast wagers and shall
pay 50% to purses at |
26 | | the track from which the non-host licensee derives its
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1 | | license as follows:
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2 | | (A) Between January 1 and the third Friday in |
3 | | February, inclusive, if no
live thoroughbred racing is |
4 | | occurring in Illinois during this period, when the
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5 | | interstate simulcast is a standardbred race, the purse |
6 | | share to its
standardbred purse account;
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7 | | (B) Between January 1 and the third Friday in |
8 | | February, inclusive, if no
live thoroughbred racing is |
9 | | occurring in Illinois during this period, and the
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10 | | interstate simulcast is a thoroughbred race, the purse |
11 | | share to its interstate
simulcast purse pool to be |
12 | | distributed under paragraph (10) of this subsection
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13 | | (g);
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14 | | (C) Between January 1 and the third Friday in |
15 | | February, inclusive, if
live thoroughbred racing is |
16 | | occurring in Illinois, between 6:30 a.m. and 6:30
p.m. |
17 | | the purse share from wagers made during this time |
18 | | period to its
thoroughbred purse account and between |
19 | | 6:30 p.m. and 6:30 a.m. the purse share
from wagers |
20 | | made during this time period to its standardbred purse |
21 | | accounts;
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22 | | (D) Between the third Saturday in February and |
23 | | December 31, when the
interstate simulcast occurs |
24 | | between the hours of 6:30 a.m. and 6:30 p.m., the
purse |
25 | | share to its thoroughbred purse account;
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26 | | (E) Between the third Saturday in February and |
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1 | | December 31, when the
interstate simulcast occurs |
2 | | between the hours of 6:30 p.m. and 6:30 a.m., the
purse |
3 | | share to its standardbred purse account.
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4 | | (7.1) Notwithstanding any other provision of this Act |
5 | | to the contrary,
if
no
standardbred racing is conducted at |
6 | | a racetrack located in Madison County
during any
calendar |
7 | | year beginning on or after January 1, 2002, all
moneys |
8 | | derived by
that racetrack from simulcast wagering and |
9 | | inter-track wagering that (1) are to
be used
for purses and |
10 | | (2) are generated between the hours of 6:30 p.m. and 6:30 |
11 | | a.m.
during that
calendar year shall
be paid as follows:
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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 paid to its thoroughbred purse account; |
16 | | and
|
17 | | (B) Twenty percent shall be deposited into the |
18 | | Illinois Colt Stakes
Purse
Distribution
Fund and shall |
19 | | be paid to purses for standardbred races for Illinois |
20 | | conceived
and foaled horses conducted at any county |
21 | | fairgrounds.
The moneys deposited into the Fund |
22 | | pursuant to this subparagraph (B) shall be
deposited
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23 | | within 2
weeks after the day they were generated, shall |
24 | | be in addition to and not in
lieu of any other
moneys |
25 | | paid to standardbred purses under this Act, and shall |
26 | | not be commingled
with other moneys paid into that |
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1 | | Fund. The moneys deposited
pursuant to this |
2 | | subparagraph (B) shall be allocated as provided by the
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3 | | Department of Agriculture, with the advice and |
4 | | assistance of the Illinois
Standardbred
Breeders Fund |
5 | | Advisory Board.
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6 | | (7.2) Notwithstanding any other provision of this Act |
7 | | to the contrary, if
no
thoroughbred racing is conducted at |
8 | | a racetrack located in Madison County
during any
calendar |
9 | | year beginning on or after January 1,
2002, all
moneys |
10 | | derived by
that racetrack from simulcast wagering and |
11 | | inter-track wagering that (1) are to
be used
for purses and |
12 | | (2) are generated between the hours of 6:30 a.m. and 6:30 |
13 | | p.m.
during that
calendar year shall
be deposited as |
14 | | follows:
|
15 | | (A) If the licensee that conducts horse racing at |
16 | | that racetrack
requests from the
Board at least
as many |
17 | | racing dates as were conducted in calendar year 2000, |
18 | | 80%
shall be deposited into its standardbred purse
|
19 | | account; and
|
20 | | (B) Twenty percent shall be deposited into the |
21 | | Illinois Colt Stakes
Purse
Distribution Fund. Moneys |
22 | | deposited into the Illinois Colt Stakes Purse
|
23 | | Distribution Fund
pursuant to this subparagraph (B) |
24 | | shall be paid to Illinois
conceived and foaled |
25 | | thoroughbred breeders' programs
and to thoroughbred |
26 | | purses for races conducted at any county fairgrounds |
|
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1 | | for
Illinois conceived
and foaled horses at the |
2 | | discretion of the
Department of Agriculture, with the |
3 | | advice and assistance of
the Illinois Thoroughbred |
4 | | Breeders Fund Advisory
Board. The moneys deposited |
5 | | into the Illinois Colt Stakes Purse Distribution
Fund
|
6 | | pursuant to this subparagraph (B) shall be deposited |
7 | | within 2 weeks
after the day they were generated, shall |
8 | | be in addition to and not in
lieu of any other moneys |
9 | | paid to thoroughbred purses
under this Act, and shall |
10 | | not be commingled with other moneys deposited into
that |
11 | | Fund.
|
12 | | (7.3) If no live standardbred racing is conducted at a |
13 | | racetrack located
in
Madison
County in calendar year 2000 |
14 | | or 2001,
an organization licensee who is licensed
to |
15 | | conduct horse racing at that racetrack shall, before |
16 | | January 1, 2002, pay
all
moneys derived from simulcast |
17 | | wagering and inter-track wagering in calendar
years 2000 |
18 | | and 2001 and
paid into the licensee's standardbred purse |
19 | | account as follows:
|
20 | | (A) Eighty percent to that licensee's thoroughbred |
21 | | purse account to
be used for thoroughbred purses; and
|
22 | | (B) Twenty percent to the Illinois Colt Stakes |
23 | | Purse Distribution
Fund.
|
24 | | Failure to make the payment to the Illinois Colt Stakes |
25 | | Purse Distribution
Fund before January 1, 2002
shall
result |
26 | | in the immediate revocation of the licensee's organization
|
|
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1 | | license, inter-track wagering license, and inter-track |
2 | | wagering location
license.
|
3 | | Moneys paid into the Illinois
Colt Stakes Purse |
4 | | Distribution Fund pursuant to this
paragraph (7.3) shall be |
5 | | paid to purses for standardbred
races for Illinois |
6 | | conceived and foaled horses conducted
at any county
|
7 | | fairgrounds.
Moneys paid into the Illinois
Colt Stakes |
8 | | Purse Distribution Fund pursuant to this
paragraph (7.3) |
9 | | shall be used as determined by the
Department of |
10 | | Agriculture, with the advice and assistance of the
Illinois |
11 | | Standardbred Breeders Fund Advisory Board, shall be in |
12 | | addition to
and not in lieu of any other moneys paid to |
13 | | standardbred purses under this Act,
and shall not be |
14 | | commingled
with any other moneys paid into that Fund.
|
15 | | (7.4) If live standardbred racing is conducted at a |
16 | | racetrack located in
Madison
County at any time in calendar |
17 | | year 2001 before the payment required
under
paragraph (7.3) |
18 | | has been made, the organization licensee who is licensed to
|
19 | | conduct
racing at that racetrack shall pay all moneys |
20 | | derived by that racetrack from
simulcast
wagering and |
21 | | inter-track wagering during calendar years 2000 and 2001 |
22 | | that (1)
are to be
used for purses and (2) are generated |
23 | | between the hours of 6:30 p.m. and 6:30
a.m.
during 2000 or |
24 | | 2001 to the standardbred purse account at that
racetrack to
|
25 | | be used for standardbred purses.
|
26 | | (8) Notwithstanding any provision in this Act to the |
|
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1 | | contrary, an
organization licensee from a track located in |
2 | | a county with a population in
excess of 230,000 and that |
3 | | borders the Mississippi River and its affiliated
non-host |
4 | | licensees shall not be entitled to share in any retention |
5 | | generated on
racing, inter-track wagering, or simulcast |
6 | | wagering at any other Illinois
wagering facility.
|
7 | | (8.1) Notwithstanding any provisions in this Act to the |
8 | | contrary, if 2
organization licensees
are conducting |
9 | | standardbred race meetings concurrently
between the hours |
10 | | of 6:30 p.m. and 6:30 a.m., after payment of all applicable
|
11 | | State and local taxes and interstate commission fees, the |
12 | | remainder of the
amount retained from simulcast wagering |
13 | | otherwise attributable to the host
track and to host track |
14 | | purses shall be split daily between the 2
organization |
15 | | licensees and the purses at the tracks of the 2 |
16 | | organization
licensees, respectively, based on each |
17 | | organization licensee's share
of the total live handle for |
18 | | that day,
provided that this provision shall not apply to |
19 | | any non-host licensee that
derives its license from a track |
20 | | located in a county with a population in
excess of 230,000 |
21 | | and that borders the Mississippi River.
|
22 | | (9) (Blank).
|
23 | | (10) (Blank).
|
24 | | (11) (Blank).
|
25 | | (12) The Board shall have authority to compel all host |
26 | | tracks to receive
the simulcast of any or all races |
|
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1 | | conducted at the Springfield or DuQuoin State
fairgrounds |
2 | | and include all such races as part of their simulcast |
3 | | programs.
|
4 | | (13) Notwithstanding any other provision of this Act, |
5 | | in the event that
the total Illinois pari-mutuel handle on |
6 | | Illinois horse races at all wagering
facilities in any |
7 | | calendar year is less than 75% of the total Illinois
|
8 | | pari-mutuel handle on Illinois horse races at all such |
9 | | wagering facilities for
calendar year 1994, then each |
10 | | wagering facility that has an annual total
Illinois |
11 | | pari-mutuel handle on Illinois horse races that is less |
12 | | than 75% of
the total Illinois pari-mutuel handle on |
13 | | Illinois horse races at such wagering
facility for calendar |
14 | | year 1994, shall be permitted to receive, from any amount
|
15 | | otherwise
payable to the purse account at the race track |
16 | | with which the wagering facility
is affiliated in the |
17 | | succeeding calendar year, an amount equal to 2% of the
|
18 | | differential in total Illinois pari-mutuel handle on |
19 | | Illinois horse
races at the wagering facility between that |
20 | | calendar year in question and 1994
provided, however, that |
21 | | a
wagering facility shall not be entitled to any such |
22 | | payment until the Board
certifies in writing to the |
23 | | wagering facility the amount to which the wagering
facility |
24 | | is entitled
and a schedule for payment of the amount to the |
25 | | wagering facility, based on:
(i) the racing dates awarded |
26 | | to the race track affiliated with the wagering
facility |
|
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1 | | during the succeeding year; (ii) the sums available or |
2 | | anticipated to
be available in the purse account of the |
3 | | race track affiliated with the
wagering facility for purses |
4 | | during the succeeding year; and (iii) the need to
ensure |
5 | | reasonable purse levels during the payment period.
The |
6 | | Board's certification
shall be provided no later than |
7 | | January 31 of the succeeding year.
In the event a wagering |
8 | | facility entitled to a payment under this paragraph
(13) is |
9 | | affiliated with a race track that maintains purse accounts |
10 | | for both
standardbred and thoroughbred racing, the amount |
11 | | to be paid to the wagering
facility shall be divided |
12 | | between each purse account pro rata, based on the
amount of |
13 | | Illinois handle on Illinois standardbred and thoroughbred |
14 | | racing
respectively at the wagering facility during the |
15 | | previous calendar year.
Annually, the General Assembly |
16 | | shall appropriate sufficient funds from the
General |
17 | | Revenue Fund to the Department of Agriculture for payment |
18 | | into the
thoroughbred and standardbred horse racing purse |
19 | | accounts at
Illinois pari-mutuel tracks. The amount paid to |
20 | | each purse account shall be
the amount certified by the |
21 | | Illinois Racing Board in January to be
transferred from |
22 | | each account to each eligible racing facility in
accordance |
23 | | with the provisions of this Section.
|
24 | | (h) The Board may approve and license the conduct of |
25 | | inter-track wagering
and simulcast wagering by inter-track |
26 | | wagering licensees and inter-track
wagering location licensees |
|
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1 | | subject to the following terms and conditions:
|
2 | | (1) Any person licensed to conduct a race meeting (i) |
3 | | at a track where
60 or more days of racing were conducted |
4 | | during the immediately preceding
calendar year or where |
5 | | over the 5 immediately preceding calendar years an
average |
6 | | of 30 or more days of racing were conducted annually may be |
7 | | issued an
inter-track wagering license; (ii) at a track
|
8 | | located in a county that is bounded by the Mississippi |
9 | | River, which has a
population of less than 150,000 |
10 | | according to the 1990 decennial census, and an
average of |
11 | | at least 60 days of racing per year between 1985 and 1993 |
12 | | may be
issued an inter-track wagering license; or (iii) at |
13 | | a track
located in Madison
County that conducted at least |
14 | | 100 days of live racing during the immediately
preceding
|
15 | | calendar year may be issued an inter-track wagering |
16 | | license, unless a lesser
schedule of
live racing is the |
17 | | result of (A) weather, unsafe track conditions, or other
|
18 | | acts of God; (B)
an agreement between the organization |
19 | | licensee and the associations
representing the
largest |
20 | | number of owners, trainers, jockeys, or standardbred |
21 | | drivers who race
horses at
that organization licensee's |
22 | | racing meeting; or (C) a finding by the Board of
|
23 | | extraordinary circumstances and that it was in the best |
24 | | interest of the public
and the sport to conduct fewer than |
25 | | 100 days of live racing. Any such person
having operating |
26 | | control of the racing facility may receive
inter-track |
|
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1 | | wagering
location licenses. An
eligible race track located |
2 | | in a county that has a population of more than
230,000 and |
3 | | that is bounded by the Mississippi River may establish up |
4 | | to 9
inter-track wagering locations , and an eligible race |
5 | | track located in Stickney Township in Cook County may |
6 | | establish up to 16 inter-track wagering locations , and an |
7 | | eligible race track located in Palatine Township in Cook |
8 | | County may establish up to 18 inter-track wagering |
9 | | locations.
An application for
said license shall be filed |
10 | | with the Board prior to such dates as may be
fixed by the |
11 | | Board. With an application for an inter-track
wagering
|
12 | | location license there shall be delivered to the Board a |
13 | | certified check or
bank draft payable to the order of the |
14 | | Board for an amount equal to $500.
The application shall be |
15 | | on forms prescribed and furnished by the Board. The
|
16 | | application shall comply with all other rules,
regulations |
17 | | and conditions imposed by the Board in connection |
18 | | therewith.
|
19 | | (2) The Board shall examine the applications with |
20 | | respect to their
conformity with this Act and the rules and |
21 | | regulations imposed by the
Board. If found to be in |
22 | | compliance with the Act and rules and regulations
of the |
23 | | Board, the Board may then issue a license to conduct |
24 | | inter-track
wagering and simulcast wagering to such |
25 | | applicant. All such applications
shall be acted upon by the |
26 | | Board at a meeting to be held on such date as may be
fixed |
|
| | 10000SB1804ham003 | - 24 - | LRB100 09208 MJP 27074 a |
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1 | | by the Board.
|
2 | | (3) In granting licenses to conduct inter-track |
3 | | wagering and simulcast
wagering, the Board shall give due |
4 | | consideration to
the best interests of the
public, of horse |
5 | | racing, and of maximizing revenue to the State.
|
6 | | (4) Prior to the issuance of a license to conduct |
7 | | inter-track wagering
and simulcast wagering,
the applicant |
8 | | shall file with the Board a bond payable to the State of |
9 | | Illinois
in the sum of $50,000, executed by the applicant |
10 | | and a surety company or
companies authorized to do business |
11 | | in this State, and conditioned upon
(i) the payment by the |
12 | | licensee of all taxes due under Section 27 or 27.1
and any |
13 | | other monies due and payable under this Act, and (ii)
|
14 | | distribution by the licensee, upon presentation of the |
15 | | winning ticket or
tickets, of all sums payable to the |
16 | | patrons of pari-mutuel pools.
|
17 | | (5) Each license to conduct inter-track wagering and |
18 | | simulcast
wagering shall specify the person
to whom it is |
19 | | issued, the dates on which such wagering is permitted, and
|
20 | | the track or location where the wagering is to be |
21 | | conducted.
|
22 | | (6) All wagering under such license is subject to this |
23 | | Act and to the
rules and regulations from time to time |
24 | | prescribed by the Board, and every
such license issued by |
25 | | the Board shall contain a recital to that effect.
|
26 | | (7) An inter-track wagering licensee or inter-track |
|
| | 10000SB1804ham003 | - 25 - | LRB100 09208 MJP 27074 a |
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1 | | wagering location
licensee may accept wagers at the track |
2 | | or location
where it is licensed, or as otherwise provided |
3 | | under this Act.
|
4 | | (8) Inter-track wagering or simulcast wagering shall |
5 | | not be
conducted
at any track less than 5 miles from a |
6 | | track at which a racing meeting is in
progress.
|
7 | | (8.1) Inter-track wagering location
licensees who |
8 | | derive their licenses from a particular organization |
9 | | licensee
shall conduct inter-track wagering and simulcast |
10 | | wagering only at locations that
are within 160 miles of |
11 | | that race track
where
the particular organization licensee |
12 | | is licensed to conduct racing. However, inter-track |
13 | | wagering and simulcast wagering
shall not
be conducted by |
14 | | those licensees at any location within 5 miles of any race
|
15 | | track at which a
horse race meeting has been licensed in |
16 | | the current year, unless the person
having operating |
17 | | control of such race track has given its written consent
to |
18 | | such inter-track wagering location licensees,
which |
19 | | consent
must be filed with the Board at or prior to the |
20 | | time application is made. In the case of any inter-track |
21 | | wagering location licensee initially licensed after |
22 | | December 31, 2013, inter-track wagering and simulcast |
23 | | wagering shall not be conducted by those inter-track |
24 | | wagering location licensees that are located outside the |
25 | | City of Chicago at any location within 8 miles of any race |
26 | | track at which a horse race meeting has been licensed in |
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1 | | the current year, unless the person having operating |
2 | | control of such race track has given its written consent to |
3 | | such inter-track wagering location licensees, which |
4 | | consent must be filed with the Board at or prior to the |
5 | | time application is made.
|
6 | | (8.2) Inter-track wagering or simulcast wagering shall |
7 | | not be
conducted by an inter-track
wagering location |
8 | | licensee at any location within 500 feet of an
existing
|
9 | | church or existing school, nor within 500 feet of the |
10 | | residences
of more than 50 registered voters without
|
11 | | receiving written permission from a majority of the |
12 | | registered
voters at such residences.
Such written |
13 | | permission statements shall be filed with the Board. The
|
14 | | distance of 500 feet shall be measured to the nearest part |
15 | | of any
building
used for worship services, education |
16 | | programs, residential purposes, or
conducting inter-track |
17 | | wagering by an inter-track wagering location
licensee, and |
18 | | not to property boundaries. However, inter-track wagering |
19 | | or
simulcast wagering may be conducted at a site within 500 |
20 | | feet of
a church, school or residences
of 50 or more |
21 | | registered voters if such church, school
or residences have |
22 | | been erected
or established, or such voters have been |
23 | | registered, after
the Board issues
the original |
24 | | inter-track wagering location license at the site in |
25 | | question.
Inter-track wagering location licensees may |
26 | | conduct inter-track wagering
and simulcast wagering only |
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1 | | in areas that are zoned for
commercial or manufacturing |
2 | | purposes or
in areas for which a special use has been |
3 | | approved by the local zoning
authority. However, no license |
4 | | to conduct inter-track wagering and simulcast
wagering |
5 | | shall be
granted by the Board with respect to any |
6 | | inter-track wagering location
within the jurisdiction of |
7 | | any local zoning authority which has, by
ordinance or by |
8 | | resolution, prohibited the establishment of an inter-track
|
9 | | wagering location within its jurisdiction. However, |
10 | | inter-track wagering
and simulcast wagering may be |
11 | | conducted at a site if such ordinance or
resolution is |
12 | | enacted after
the Board licenses the original inter-track |
13 | | wagering location
licensee for the site in question.
|
14 | | (9) (Blank).
|
15 | | (10) An inter-track wagering licensee or an |
16 | | inter-track wagering
location licensee may retain, subject |
17 | | to the
payment of the privilege taxes and the purses, an |
18 | | amount not to
exceed 17% of all money wagered. Each program |
19 | | of racing conducted by
each inter-track wagering licensee |
20 | | or inter-track wagering location
licensee shall be |
21 | | considered a separate racing day for the purpose of
|
22 | | determining the daily handle and computing the privilege |
23 | | tax or pari-mutuel
tax on such daily
handle as provided in |
24 | | Section 27.
|
25 | | (10.1) Except as provided in subsection (g) of Section |
26 | | 27 of this Act,
inter-track wagering location licensees |
|
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1 | | shall pay 1% of the
pari-mutuel handle at each location to |
2 | | the municipality in which such
location is situated and 1% |
3 | | of the pari-mutuel handle at each location to
the county in |
4 | | which such location is situated. In the event that an
|
5 | | inter-track wagering location licensee is situated in an |
6 | | unincorporated
area of a county, such licensee shall pay 2% |
7 | | of the pari-mutuel handle from
such location to such |
8 | | county.
|
9 | | (10.2) Notwithstanding any other provision of this |
10 | | Act, with respect to inter-track
intertrack wagering at a |
11 | | race track located in a
county that has a population of
|
12 | | more than 230,000 and that is bounded by the Mississippi |
13 | | River ("the first race
track"), or at a facility operated |
14 | | by an inter-track wagering licensee or
inter-track |
15 | | wagering location licensee that derives its license from |
16 | | the
organization licensee that operates the first race |
17 | | track, on races conducted at
the first race track or on |
18 | | races conducted at another Illinois race track
and |
19 | | simultaneously televised to the first race track or to a |
20 | | facility operated
by an inter-track wagering licensee or |
21 | | inter-track wagering location licensee
that derives its |
22 | | license from the organization licensee that operates the |
23 | | first
race track, those moneys shall be allocated as |
24 | | follows:
|
25 | | (A) That portion of all moneys wagered on |
26 | | standardbred racing that is
required under this Act to |
|
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1 | | be paid to purses shall be paid to purses for
|
2 | | standardbred races.
|
3 | | (B) That portion of all moneys wagered on |
4 | | thoroughbred racing
that is required under this Act to |
5 | | be paid to purses shall be paid to purses
for |
6 | | thoroughbred races.
|
7 | | (11) (A) After payment of the privilege or pari-mutuel |
8 | | tax, any other
applicable
taxes, and
the costs and expenses |
9 | | in connection with the gathering, transmission, and
|
10 | | dissemination of all data necessary to the conduct of |
11 | | inter-track wagering,
the remainder of the monies retained |
12 | | under either Section 26 or Section 26.2
of this Act by the |
13 | | inter-track wagering licensee on inter-track wagering
|
14 | | shall be allocated with 50% to be split between the
2 |
15 | | participating licensees and 50% to purses, except
that an |
16 | | inter-track intertrack wagering licensee that derives its
|
17 | | license from a track located in a county with a population |
18 | | in excess of 230,000
and that borders the Mississippi River |
19 | | shall not divide any remaining
retention with the Illinois |
20 | | organization licensee that provides the race or
races, and |
21 | | an inter-track intertrack wagering licensee that accepts |
22 | | wagers on races
conducted by an organization licensee that |
23 | | conducts a race meet in a county
with a population in |
24 | | excess of 230,000 and that borders the Mississippi River
|
25 | | shall not divide any remaining retention with that |
26 | | organization licensee.
|
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| | 10000SB1804ham003 | - 30 - | LRB100 09208 MJP 27074 a |
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1 | | (B) From the
sums permitted to be retained pursuant to |
2 | | this Act each inter-track wagering
location licensee shall |
3 | | pay (i) the privilege or pari-mutuel tax to the
State; (ii) |
4 | | 4.75% of the
pari-mutuel handle on inter-track intertrack |
5 | | wagering at such location on
races as purses, except that
|
6 | | an inter-track intertrack wagering location licensee that |
7 | | derives its license from a
track located in a county with a |
8 | | population in excess of 230,000 and that
borders the |
9 | | Mississippi River shall retain all purse moneys for its own |
10 | | purse
account consistent with distribution set forth in |
11 | | this subsection (h), and inter-track
intertrack wagering |
12 | | location licensees that accept wagers on races
conducted
by |
13 | | an organization licensee located in a county with a |
14 | | population in excess of
230,000 and that borders the |
15 | | Mississippi River shall distribute all purse
moneys to |
16 | | purses at the operating host track; (iii) until January 1, |
17 | | 2000,
except as
provided in
subsection (g) of Section 27 of |
18 | | this Act, 1% of the
pari-mutuel handle wagered on |
19 | | inter-track wagering and simulcast wagering at
each |
20 | | inter-track wagering
location licensee facility to the |
21 | | Horse Racing Tax Allocation Fund, provided
that, to the |
22 | | extent the total amount collected and distributed to the |
23 | | Horse
Racing Tax Allocation Fund under this subsection (h) |
24 | | during any calendar year
exceeds the amount collected and |
25 | | distributed to the Horse Racing Tax Allocation
Fund during |
26 | | calendar year 1994, that excess amount shall be |
|
| | 10000SB1804ham003 | - 31 - | LRB100 09208 MJP 27074 a |
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1 | | redistributed (I)
to all inter-track wagering location |
2 | | licensees, based on each licensee's
pro-rata share of the |
3 | | total handle from inter-track wagering and simulcast
|
4 | | wagering for all inter-track wagering location licensees |
5 | | during the calendar
year in which this provision is |
6 | | applicable; then (II) the amounts redistributed
to each |
7 | | inter-track wagering location licensee as described in |
8 | | subpart (I)
shall be further redistributed as provided in |
9 | | subparagraph (B) of paragraph (5)
of subsection (g) of this |
10 | | Section 26 provided first, that the shares of those
|
11 | | amounts, which are to be redistributed to the host track or |
12 | | to purses at the
host track under subparagraph (B) of |
13 | | paragraph (5) of subsection (g) of this
Section 26 shall be
|
14 | | redistributed based on each host track's pro rata share of |
15 | | the total
inter-track
wagering and simulcast wagering |
16 | | handle at all host tracks during the calendar
year in |
17 | | question, and second, that any amounts redistributed as |
18 | | described in
part (I) to an inter-track wagering location |
19 | | licensee that accepts
wagers on races conducted by an |
20 | | organization licensee that conducts a race meet
in a county |
21 | | with a population in excess of 230,000 and that borders the
|
22 | | Mississippi River shall be further redistributed as |
23 | | provided in subparagraphs
(D) and (E) of paragraph (7) of |
24 | | subsection (g) of this Section 26, with the
portion of that
|
25 | | further redistribution allocated to purses at that |
26 | | organization licensee to be
divided between standardbred |
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1 | | purses and thoroughbred purses based on the
amounts |
2 | | otherwise allocated to purses at that organization |
3 | | licensee during the
calendar year in question; and (iv) 8% |
4 | | of the pari-mutuel handle on
inter-track wagering wagered |
5 | | at
such location to satisfy all costs and expenses of |
6 | | conducting its wagering. The
remainder of the monies |
7 | | retained by the inter-track wagering location licensee
|
8 | | shall be allocated 40% to the location licensee and 60% to |
9 | | the organization
licensee which provides the Illinois |
10 | | races to the location, except that an inter-track
|
11 | | intertrack wagering location
licensee that derives its |
12 | | license from a track located in a county with a
population |
13 | | in excess of 230,000 and that borders the Mississippi River |
14 | | shall
not divide any remaining retention with the |
15 | | organization licensee that provides
the race or races and |
16 | | an inter-track intertrack wagering location licensee that |
17 | | accepts
wagers on races conducted by an organization |
18 | | licensee that conducts a race meet
in a county with a |
19 | | population in excess of 230,000 and that borders the
|
20 | | Mississippi River shall not divide any remaining retention |
21 | | with the
organization licensee.
Notwithstanding the |
22 | | provisions of clauses (ii) and (iv) of this
paragraph, in |
23 | | the case of the additional inter-track wagering location |
24 | | licenses
authorized under paragraph (1) of this subsection |
25 | | (h) by Public Act 87-110 this amendatory
Act of 1991 , those |
26 | | licensees shall pay the following amounts as purses:
during |
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1 | | the first 12 months the licensee is in operation, 5.25% of
|
2 | | the
pari-mutuel handle wagered at the location on races; |
3 | | during the second 12
months, 5.25%; during the third 12 |
4 | | months, 5.75%;
during
the fourth 12 months,
6.25%; and |
5 | | during the fifth 12 months and thereafter, 6.75%. The
|
6 | | following amounts shall be retained by the licensee to |
7 | | satisfy all costs
and expenses of conducting its wagering: |
8 | | during the first 12 months the
licensee is in operation, |
9 | | 8.25% of the pari-mutuel handle wagered
at the
location; |
10 | | during the second 12 months, 8.25%; during the third 12
|
11 | | months, 7.75%;
during the fourth 12 months, 7.25%; and |
12 | | during the fifth 12 months
and
thereafter, 6.75%.
For |
13 | | additional inter-track intertrack wagering location |
14 | | licensees authorized under Public Act 89-16 this
|
15 | | amendatory
Act of 1995 , purses for the first 12 months the |
16 | | licensee is in operation shall
be 5.75% of the pari-mutuel |
17 | | wagered
at the location, purses for the second 12 months |
18 | | the licensee is in operation
shall be 6.25%, and purses
|
19 | | thereafter shall be 6.75%. For additional inter-track |
20 | | intertrack location
licensees
authorized under Public Act |
21 | | 89-16
this amendatory Act of 1995 , the licensee shall be |
22 | | allowed to retain to satisfy
all costs and expenses: 7.75% |
23 | | of the pari-mutuel handle wagered at
the location
during |
24 | | its first 12 months of operation, 7.25% during its second
|
25 | | 12
months of
operation, and 6.75% thereafter.
|
26 | | (C) There is hereby created the Horse Racing Tax |
|
| | 10000SB1804ham003 | - 34 - | LRB100 09208 MJP 27074 a |
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1 | | Allocation Fund
which shall remain in existence until |
2 | | December 31, 1999. Moneys
remaining in the Fund after |
3 | | December 31, 1999
shall be paid into the
General Revenue |
4 | | Fund. Until January 1, 2000,
all monies paid into the Horse |
5 | | Racing Tax Allocation Fund pursuant to this
paragraph (11) |
6 | | by inter-track wagering location licensees located in park
|
7 | | districts of 500,000 population or less, or in a |
8 | | municipality that is not
included within any park district |
9 | | but is included within a conservation
district and is the |
10 | | county seat of a county that (i) is contiguous to the state
|
11 | | of Indiana and (ii) has a 1990 population of 88,257 |
12 | | according to the United
States Bureau of the Census, and |
13 | | operating on May 1, 1994 shall be
allocated by |
14 | | appropriation as follows:
|
15 | | Two-sevenths to the Department of Agriculture. |
16 | | Fifty percent of
this two-sevenths shall be used to |
17 | | promote the Illinois horse racing and
breeding |
18 | | industry, and shall be distributed by the Department of |
19 | | Agriculture
upon the advice of a 9-member committee |
20 | | appointed by the Governor consisting of
the following |
21 | | members: the Director of Agriculture, who shall serve |
22 | | as
chairman; 2 representatives of organization |
23 | | licensees conducting thoroughbred
race meetings in |
24 | | this State, recommended by those licensees; 2 |
25 | | representatives
of organization licensees conducting |
26 | | standardbred race meetings in this State,
recommended |
|
| | 10000SB1804ham003 | - 35 - | LRB100 09208 MJP 27074 a |
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1 | | by those licensees; a representative of the Illinois
|
2 | | Thoroughbred Breeders and Owners Foundation, |
3 | | recommended by that
Foundation; a representative of |
4 | | the Illinois Standardbred Owners and
Breeders |
5 | | Association, recommended
by that Association; a |
6 | | representative of
the Horsemen's Benevolent and |
7 | | Protective Association or any successor
organization |
8 | | thereto established in Illinois comprised of the |
9 | | largest number of
owners and trainers, recommended by |
10 | | that
Association or that successor organization; and a
|
11 | | representative of the Illinois Harness Horsemen's
|
12 | | Association, recommended by that Association. |
13 | | Committee members shall
serve for terms of 2 years, |
14 | | commencing January 1 of each even-numbered
year. If a |
15 | | representative of any of the above-named entities has |
16 | | not been
recommended by January 1 of any even-numbered |
17 | | year, the Governor shall
appoint a committee member to |
18 | | fill that position. Committee members shall
receive no |
19 | | compensation for their services as members but shall be
|
20 | | reimbursed for all actual and necessary expenses and |
21 | | disbursements incurred
in the performance of their |
22 | | official duties. The remaining 50% of this
|
23 | | two-sevenths shall be distributed to county fairs for |
24 | | premiums and
rehabilitation as set forth in the |
25 | | Agricultural Fair Act;
|
26 | | Four-sevenths to park districts or municipalities |
|
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1 | | that do not have a
park district of 500,000 population |
2 | | or less for museum purposes (if an
inter-track wagering |
3 | | location licensee is located in such a park district) |
4 | | or
to conservation districts for museum purposes (if an |
5 | | inter-track wagering
location licensee is located in a |
6 | | municipality that is not included within any
park |
7 | | district but is included within a conservation |
8 | | district and is the county
seat of a county that (i) is |
9 | | contiguous to the state of Indiana and (ii) has a
1990 |
10 | | population of 88,257 according to the United States |
11 | | Bureau of the Census,
except that if the conservation |
12 | | district does not maintain a museum, the monies
shall |
13 | | be allocated equally between the county and the |
14 | | municipality in which the
inter-track wagering |
15 | | location licensee is located for general purposes) or |
16 | | to a
municipal recreation board for park purposes (if |
17 | | an inter-track wagering
location licensee is located |
18 | | in a municipality that is not included within any
park |
19 | | district and park maintenance is the function of the |
20 | | municipal recreation
board and the municipality has a |
21 | | 1990 population of 9,302 according to the
United States |
22 | | Bureau of the Census); provided that the monies are |
23 | | distributed
to each park district or conservation |
24 | | district or municipality that does not
have a park |
25 | | district in an amount equal to four-sevenths of the |
26 | | amount
collected by each inter-track wagering location |
|
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1 | | licensee within the park
district or conservation |
2 | | district or municipality for the Fund. Monies that
were |
3 | | paid into the Horse Racing Tax Allocation Fund before |
4 | | August 9, 1991 ( the effective date
of Public Act |
5 | | 87-110) this amendatory Act of 1991 by an inter-track |
6 | | wagering location licensee
located in a municipality |
7 | | that is not included within any park district but is
|
8 | | included within a conservation district as provided in |
9 | | this paragraph shall, as
soon as practicable after |
10 | | August 9, 1991 ( the effective date of Public Act |
11 | | 87-110) this amendatory Act of 1991 , be
allocated and |
12 | | paid to that conservation district as provided in this |
13 | | paragraph.
Any park district or municipality not |
14 | | maintaining a museum may deposit the
monies in the |
15 | | corporate fund of the park district or municipality |
16 | | where the
inter-track wagering location is located, to |
17 | | be used for general purposes;
and
|
18 | | One-seventh to the Agricultural Premium Fund to be |
19 | | used for distribution
to agricultural home economics |
20 | | extension councils in accordance with "An
Act in |
21 | | relation to additional support and finances for the |
22 | | Agricultural and
Home Economic Extension Councils in |
23 | | the several counties of this State and
making an |
24 | | appropriation therefor", approved July 24, 1967.
|
25 | | Until January 1, 2000, all other
monies paid into the |
26 | | Horse Racing Tax
Allocation Fund pursuant to
this paragraph |
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1 | | (11) shall be allocated by appropriation as follows:
|
2 | | Two-sevenths to the Department of Agriculture. |
3 | | Fifty percent of this
two-sevenths shall be used to |
4 | | promote the Illinois horse racing and breeding
|
5 | | industry, and shall be distributed by the Department of |
6 | | Agriculture upon the
advice of a 9-member committee |
7 | | appointed by the Governor consisting of the
following |
8 | | members: the Director of Agriculture, who shall serve |
9 | | as chairman; 2
representatives of organization |
10 | | licensees conducting thoroughbred race meetings
in |
11 | | this State, recommended by those licensees; 2 |
12 | | representatives of
organization licensees conducting |
13 | | standardbred race meetings in this State,
recommended |
14 | | by those licensees; a representative of the Illinois |
15 | | Thoroughbred
Breeders and Owners Foundation, |
16 | | recommended by that Foundation; a
representative of |
17 | | the Illinois Standardbred Owners and Breeders |
18 | | Association,
recommended by that Association; a |
19 | | representative of the Horsemen's Benevolent
and |
20 | | Protective Association or any successor organization |
21 | | thereto established
in Illinois comprised of the |
22 | | largest number of owners and trainers,
recommended by |
23 | | that Association or that successor organization; and a
|
24 | | representative of the Illinois Harness Horsemen's |
25 | | Association, recommended by
that Association. |
26 | | Committee members shall serve for terms of 2 years,
|
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| | 10000SB1804ham003 | - 39 - | LRB100 09208 MJP 27074 a |
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1 | | commencing January 1 of each even-numbered year. If a |
2 | | representative of any of
the above-named entities has |
3 | | not been recommended by January 1 of any
even-numbered |
4 | | year, the Governor shall appoint a committee member to |
5 | | fill that
position. Committee members shall receive no |
6 | | compensation for their services
as members but shall be |
7 | | reimbursed for all actual and necessary expenses and
|
8 | | disbursements incurred in the performance of their |
9 | | official duties. The
remaining 50% of this |
10 | | two-sevenths shall be distributed to county fairs for
|
11 | | premiums and rehabilitation as set forth in the |
12 | | Agricultural Fair Act;
|
13 | | Four-sevenths to museums and aquariums located in |
14 | | park districts of over
500,000 population; provided |
15 | | that the monies are distributed in accordance with
the |
16 | | previous year's distribution of the maintenance tax |
17 | | for such museums and
aquariums as provided in Section 2 |
18 | | of the Park District Aquarium and Museum
Act; and
|
19 | | One-seventh to the Agricultural Premium Fund to be |
20 | | used for distribution
to agricultural home economics |
21 | | extension councils in accordance with "An Act
in |
22 | | relation to additional support and finances for the |
23 | | Agricultural and
Home Economic Extension Councils in |
24 | | the several counties of this State and
making an |
25 | | appropriation therefor", approved July 24, 1967.
This |
26 | | subparagraph (C) shall be inoperative and of no force |
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1 | | and effect on and
after January 1, 2000.
|
2 | | (D) Except as provided in paragraph (11) of this |
3 | | subsection (h),
with respect to purse allocation from |
4 | | inter-track intertrack wagering, the monies so
|
5 | | retained shall be divided as follows:
|
6 | | (i) If the inter-track wagering licensee, |
7 | | except an inter-track intertrack
wagering licensee |
8 | | that derives its license from an organization
|
9 | | licensee located in a county with a population in |
10 | | excess of 230,000 and bounded
by the Mississippi |
11 | | River, is not conducting its own
race meeting |
12 | | during the same dates, then the entire purse |
13 | | allocation shall be
to purses at the track where |
14 | | the races wagered on are being conducted.
|
15 | | (ii) If the inter-track wagering licensee, |
16 | | except an inter-track intertrack
wagering licensee |
17 | | that derives its license from an organization
|
18 | | licensee located in a county with a population in |
19 | | excess of 230,000 and bounded
by the Mississippi |
20 | | River, is also
conducting its own
race meeting |
21 | | during the same dates, then the purse allocation |
22 | | shall be as
follows: 50% to purses at the track |
23 | | where the races wagered on are
being conducted; 50% |
24 | | to purses at the track where the inter-track
|
25 | | wagering licensee is accepting such wagers.
|
26 | | (iii) If the inter-track wagering is being |
|
| | 10000SB1804ham003 | - 41 - | LRB100 09208 MJP 27074 a |
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1 | | conducted by an inter-track
wagering location |
2 | | licensee, except an inter-track intertrack |
3 | | wagering location licensee
that derives its |
4 | | license from an organization licensee located in a
|
5 | | county with a population in excess of 230,000 and |
6 | | bounded by the Mississippi
River, the entire purse |
7 | | allocation for Illinois races shall
be to purses at |
8 | | the track where the race meeting being wagered on |
9 | | is being
held.
|
10 | | (12) The Board shall have all powers necessary and |
11 | | proper to fully
supervise and control the conduct of
|
12 | | inter-track wagering and simulcast
wagering by inter-track |
13 | | wagering licensees and inter-track wagering location
|
14 | | licensees, including, but not
limited to the following:
|
15 | | (A) The Board is vested with power to promulgate |
16 | | reasonable rules and
regulations for the purpose of |
17 | | administering the
conduct of this
wagering and to |
18 | | prescribe reasonable rules, regulations and conditions |
19 | | under
which such wagering shall be held and conducted. |
20 | | Such rules and regulations
are to provide for the |
21 | | prevention of practices detrimental to the public
|
22 | | interest and for
the best interests of said wagering |
23 | | and to impose penalties
for violations thereof.
|
24 | | (B) The Board, and any person or persons to whom it |
25 | | delegates this
power, is vested with the power to enter |
26 | | the
facilities of any licensee to determine whether |
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1 | | there has been
compliance with the provisions of this |
2 | | Act and the rules and regulations
relating to the |
3 | | conduct of such wagering.
|
4 | | (C) The Board, and any person or persons to whom it |
5 | | delegates this
power, may eject or exclude from any |
6 | | licensee's facilities, any person whose
conduct or |
7 | | reputation
is such that his presence on such premises |
8 | | may, in the opinion of the Board,
call into the |
9 | | question the honesty and integrity of, or interfere |
10 | | with the
orderly conduct of such wagering; provided, |
11 | | however, that no person shall
be excluded or ejected |
12 | | from such premises solely on the grounds of race,
|
13 | | color, creed, national origin, ancestry, or sex.
|
14 | | (D) (Blank).
|
15 | | (E) The Board is vested with the power to appoint |
16 | | delegates to execute
any of the powers granted to it |
17 | | under this Section for the purpose of
administering |
18 | | this wagering and any
rules and
regulations
|
19 | | promulgated in accordance with this Act.
|
20 | | (F) The Board shall name and appoint a State |
21 | | director of this wagering
who shall be a representative |
22 | | of the Board and whose
duty it shall
be to supervise |
23 | | the conduct of inter-track wagering as may be provided |
24 | | for
by the rules and regulations of the Board; such |
25 | | rules and regulation shall
specify the method of |
26 | | appointment and the Director's powers, authority and
|
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1 | | duties.
|
2 | | (G) The Board is vested with the power to impose |
3 | | civil penalties of up
to $5,000 against individuals and |
4 | | up to $10,000 against
licensees for each violation of |
5 | | any provision of
this Act relating to the conduct of |
6 | | this wagering, any
rules adopted
by the Board, any |
7 | | order of the Board or any other action which in the |
8 | | Board's
discretion, is a detriment or impediment to |
9 | | such wagering.
|
10 | | (13) The Department of Agriculture may enter into |
11 | | agreements with
licensees authorizing such licensees to |
12 | | conduct inter-track
wagering on races to be held at the |
13 | | licensed race meetings conducted by the
Department of |
14 | | Agriculture. Such
agreement shall specify the races of the |
15 | | Department of Agriculture's
licensed race meeting upon |
16 | | which the licensees will conduct wagering. In the
event |
17 | | that a licensee
conducts inter-track pari-mutuel wagering |
18 | | on races from the Illinois State Fair
or DuQuoin State Fair |
19 | | which are in addition to the licensee's previously
approved |
20 | | racing program, those races shall be considered a separate |
21 | | racing day
for the
purpose of determining the daily handle |
22 | | and computing the privilege or
pari-mutuel tax on
that |
23 | | daily handle as provided in Sections 27
and 27.1. Such
|
24 | | agreements shall be approved by the Board before such |
25 | | wagering may be
conducted. In determining whether to grant |
26 | | approval, the Board shall give
due consideration to the |
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1 | | best interests of the public and of horse racing.
The |
2 | | provisions of paragraphs (1), (8), (8.1), and (8.2) of
|
3 | | subsection (h) of this
Section which are not specified in |
4 | | this paragraph (13) shall not apply to
licensed race |
5 | | meetings conducted by the Department of Agriculture at the
|
6 | | Illinois State Fair in Sangamon County or the DuQuoin State |
7 | | Fair in Perry
County, or to any wagering conducted on
those |
8 | | race meetings. |
9 | | (14) An inter-track wagering location license |
10 | | authorized by the Board in 2016 that is owned and operated |
11 | | by a race track in Rock Island County shall be transferred |
12 | | to a commonly owned race track in Cook County on August 12, |
13 | | 2016 ( the effective date of Public Act 99-757) this |
14 | | amendatory Act of the 99th General Assembly . The licensee |
15 | | shall retain its status in relation to purse distribution |
16 | | under paragraph (11) of this subsection (h) following the |
17 | | transfer to the new entity. The pari-mutuel tax credit |
18 | | under Section 32.1 shall not be applied toward any |
19 | | pari-mutuel tax obligation of the inter-track wagering |
20 | | location licensee of the license that is transferred under |
21 | | this paragraph (14).
|
22 | | (i) Notwithstanding the other provisions of this Act, the |
23 | | conduct of
wagering at wagering facilities is authorized on all |
24 | | days, except as limited by
subsection (b) of Section 19 of this |
25 | | Act.
|
26 | | (Source: P.A. 98-18, eff. 6-7-13; 98-624, eff. 1-29-14; 98-968, |
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| | 10000SB1804ham003 | - 45 - | LRB100 09208 MJP 27074 a |
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1 | | eff. 8-15-14; 99-756, eff. 8-12-16; 99-757, eff. 8-12-16; |
2 | | revised 9-14-16.)
|
3 | | (230 ILCS 5/26.8) |
4 | | Sec. 26.8. Beginning on February 1, 2014 and through |
5 | | December 31, 2021 2018 , each wagering licensee may impose a |
6 | | surcharge of up to 0.5% on winning wagers and winnings from |
7 | | wagers. The surcharge shall be deducted from winnings prior to |
8 | | payout. All amounts collected from the imposition of this |
9 | | surcharge shall be evenly distributed to the organization |
10 | | licensee and the purse account of the organization licensee |
11 | | with which the licensee is affiliated. The amounts distributed |
12 | | under this Section shall be in addition to the amounts paid |
13 | | pursuant to paragraph (10) of subsection (h) of Section 26, |
14 | | Section 26.3, Section 26.4, Section 26.5, and Section 26.7.
|
15 | | (Source: P.A. 98-624, eff. 1-29-14; 99-756, eff. 8-12-16.) |
16 | | (230 ILCS 5/26.9) |
17 | | Sec. 26.9. Beginning on February 1, 2014 and through |
18 | | December 31, 2021 2018 , in addition to the surcharge imposed in |
19 | | Sections 26.3, 26.4, 26.5, 26.7, and 26.8 of this Act, each |
20 | | licensee shall impose a surcharge of 0.2% on winning wagers and |
21 | | winnings from wagers. The surcharge shall be deducted from |
22 | | winnings prior to payout. All amounts collected from the |
23 | | surcharges imposed under this Section shall be remitted to the |
24 | | Board. From amounts collected under this Section, the Board |
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1 | | shall deposit an amount not to exceed $100,000 annually into |
2 | | the Quarter Horse Purse Fund and all remaining amounts into the |
3 | | Horse Racing Fund.
|
4 | | (Source: P.A. 98-624, eff. 1-29-14; 99-756, eff. 8-12-16.) |
5 | | (230 ILCS 5/27) (from Ch. 8, par. 37-27) |
6 | | Sec. 27. (a) In addition to the organization license fee |
7 | | provided
by this Act, until January 1, 2000, a
graduated |
8 | | privilege tax is hereby
imposed for conducting
the pari-mutuel |
9 | | system of wagering permitted under this
Act. Until January 1, |
10 | | 2000, except as provided in subsection (g) of
Section 27 of |
11 | | this Act, all of
the breakage of each racing day held by any |
12 | | licensee in the State shall be paid
to the State.
Until January |
13 | | 1, 2000, such daily graduated privilege tax shall be paid by
|
14 | | the
licensee from the amount permitted to be retained under |
15 | | this Act.
Until January 1, 2000, each day's
graduated privilege |
16 | | tax, breakage, and Horse Racing Tax Allocation
funds shall be |
17 | | remitted to the Department of Revenue within 48 hours after the
|
18 | | close of the racing day upon which it is assessed or within |
19 | | such other time as
the Board prescribes. The privilege tax |
20 | | hereby imposed, until January
1, 2000, shall be a flat tax at
|
21 | | the rate of 2% of the daily pari-mutuel handle except as |
22 | | provided in Section
27.1. |
23 | | In addition, every organization licensee, except as
|
24 | | provided in Section 27.1 of this Act, which conducts multiple
|
25 | | wagering shall pay, until January 1, 2000,
as a privilege tax |
|
| | 10000SB1804ham003 | - 47 - | LRB100 09208 MJP 27074 a |
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1 | | on multiple
wagers an amount
equal to 1.25% of all moneys |
2 | | wagered each day on such multiple wagers,
plus an additional |
3 | | amount equal to 3.5% of the amount wagered each day on any
|
4 | | other multiple wager which involves a single
betting interest |
5 | | on 3 or more horses. The licensee shall remit the amount of
|
6 | | such taxes to the Department of Revenue within 48 hours after |
7 | | the close of
the racing day on which it is assessed or within |
8 | | such other time as the Board
prescribes. |
9 | | This subsection (a) shall be inoperative and of no force |
10 | | and effect on and
after January 1, 2000. |
11 | | (a-5) Beginning on January 1, 2000, a
flat
pari-mutuel tax |
12 | | at the rate of 1.5% of
the daily
pari-mutuel handle is imposed |
13 | | at all pari-mutuel wagering facilities and on advance deposit |
14 | | wagering from a location other than a wagering facility, except |
15 | | as otherwise provided for in this subsection (a-5). In addition |
16 | | to the pari-mutuel tax imposed on advance deposit wagering |
17 | | pursuant to this subsection (a-5), beginning on August 24, 2012 |
18 | | (the effective date of Public Act 97-1060) and through December |
19 | | 31, 2021 2018 , an additional pari-mutuel tax at the rate of |
20 | | 0.25% shall be imposed on advance deposit wagering. Until |
21 | | August 25, 2012, the additional 0.25% pari-mutuel tax imposed |
22 | | on advance deposit wagering by Public Act 96-972 shall be |
23 | | deposited into the Quarter Horse Purse Fund, which shall be |
24 | | created as a non-appropriated trust fund administered by the |
25 | | Board for grants to thoroughbred organization licensees for |
26 | | payment of purses for quarter horse races conducted by the |
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1 | | organization licensee. Beginning on August 26, 2012, the |
2 | | additional 0.25% pari-mutuel tax imposed on advance deposit |
3 | | wagering shall be deposited into the Standardbred Purse Fund, |
4 | | which shall be created as a non-appropriated trust fund |
5 | | administered by the Board, for grants to the standardbred |
6 | | organization licensees for payment of purses for standardbred |
7 | | horse races conducted by the organization licensee. |
8 | | Thoroughbred organization licensees may petition the Board to |
9 | | conduct quarter horse racing and receive purse grants from the |
10 | | Quarter Horse Purse Fund. The Board shall have complete |
11 | | discretion in distributing the Quarter Horse Purse Fund to the |
12 | | petitioning organization licensees. Beginning on July 26, 2010 |
13 | | (the effective date of Public Act 96-1287), a pari-mutuel tax |
14 | | at the rate of 0.75% of the daily pari-mutuel handle is imposed |
15 | | at a pari-mutuel facility whose license is derived from a track |
16 | | located in a county that borders the Mississippi River and |
17 | | conducted live racing in the previous year. The pari-mutuel tax |
18 | | imposed by this subsection (a-5)
shall be remitted to the |
19 | | Department of
Revenue within 48 hours after the close of the |
20 | | racing day upon which it is
assessed or within such other time |
21 | | as the Board prescribes. |
22 | | (b) On or before December 31, 1999, in
the event that any |
23 | | organization
licensee conducts
2 separate programs
of races on |
24 | | any day, each such program shall be considered a separate
|
25 | | racing day for purposes of determining the daily handle and |
26 | | computing
the privilege tax on such daily handle as provided in |
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1 | | subsection (a) of
this Section. |
2 | | (c) Licensees shall at all times keep accurate
books
and |
3 | | records of all monies wagered on each day of a race meeting and |
4 | | of
the taxes paid to the Department of Revenue under the |
5 | | provisions of this
Section. The Board or its duly authorized |
6 | | representative or
representatives shall at all reasonable |
7 | | times have access to such
records for the purpose of examining |
8 | | and checking the same and
ascertaining whether the proper |
9 | | amount of taxes is being paid as
provided. The Board shall |
10 | | require verified reports and a statement of
the total of all |
11 | | monies wagered daily at each wagering facility upon which
the |
12 | | taxes are assessed and may prescribe forms upon which such |
13 | | reports
and statement shall be made. |
14 | | (d) Any licensee failing or refusing to pay the amount
of |
15 | | any tax due under this Section shall be guilty of a business |
16 | | offense
and upon conviction shall be fined not more than $5,000 |
17 | | in addition to
the amount found due as tax under this Section. |
18 | | Each day's violation
shall constitute a separate offense. All |
19 | | fines paid into Court by a licensee hereunder shall be |
20 | | transmitted and paid over by
the Clerk of the Court to the |
21 | | Board. |
22 | | (e) No other license fee, privilege tax, excise tax, or
|
23 | | racing fee, except as provided in this Act, shall be assessed |
24 | | or
collected from any such licensee by the State. |
25 | | (f) No other license fee, privilege tax, excise tax or |
26 | | racing fee shall be
assessed or collected from any such |
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1 | | licensee by units of local government
except as provided in |
2 | | paragraph 10.1 of subsection (h) and subsection (f) of
Section |
3 | | 26 of this Act. However, any municipality that has a Board |
4 | | licensed
horse race meeting at a race track wholly within its |
5 | | corporate boundaries or a
township that has a Board licensed |
6 | | horse race meeting at a race track wholly
within the |
7 | | unincorporated area of the township may charge a local
|
8 | | amusement tax not to exceed 10¢ per admission to such horse |
9 | | race meeting
by the enactment of an ordinance. However, any |
10 | | municipality or county
that has a Board licensed inter-track |
11 | | wagering location facility wholly
within its corporate |
12 | | boundaries may each impose an admission fee not
to exceed $1.00 |
13 | | per admission to such inter-track wagering location facility,
|
14 | | so that a total of not more than $2.00 per admission may be |
15 | | imposed.
Except as provided in subparagraph (g) of Section 27 |
16 | | of this Act, the
inter-track wagering location licensee shall |
17 | | collect any and all such fees
and within 48 hours remit the |
18 | | fees to the Board, which shall, pursuant to
rule, cause the |
19 | | fees to be distributed to the county or municipality. |
20 | | (g) Notwithstanding any provision in this Act to the |
21 | | contrary, if in any
calendar year the total taxes and fees |
22 | | required to be collected from
licensees and distributed under |
23 | | this Act to all State and local governmental
authorities |
24 | | exceeds the amount of such taxes and fees distributed to each |
25 | | State
and local governmental authority to which each State and |
26 | | local governmental
authority was entitled under this Act for |
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1 | | calendar year 1994, then the first
$11 million of that excess |
2 | | amount shall be allocated at the earliest possible
date for |
3 | | distribution as purse money for the succeeding calendar year.
|
4 | | Upon reaching the 1994 level, and until the excess amount of |
5 | | taxes and fees
exceeds $11 million, the Board shall direct all |
6 | | licensees to cease paying the
subject taxes and fees and the |
7 | | Board shall direct all licensees to allocate any such excess |
8 | | amount for purses as
follows: |
9 | | (i) the excess amount shall be initially divided |
10 | | between thoroughbred and
standardbred purses based on the |
11 | | thoroughbred's and standardbred's respective
percentages |
12 | | of total Illinois live wagering in calendar year 1994; |
13 | | (ii) each thoroughbred and standardbred organization |
14 | | licensee issued an
organization licensee in that |
15 | | succeeding allocation year shall
be
allocated an amount |
16 | | equal to the product of its percentage of total
Illinois
|
17 | | live thoroughbred or standardbred wagering in calendar |
18 | | year 1994 (the total to
be determined based on the sum of |
19 | | 1994 on-track wagering for all organization
licensees |
20 | | issued organization licenses in both the allocation year |
21 | | and the
preceding year) multiplied by
the total amount |
22 | | allocated for standardbred or thoroughbred purses, |
23 | | provided
that the first $1,500,000 of the amount allocated |
24 | | to standardbred
purses under item (i) shall be allocated to |
25 | | the Department of
Agriculture to be expended with the |
26 | | assistance and advice of the Illinois
Standardbred |
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1 | | Breeders Funds Advisory Board for the purposes listed in
|
2 | | subsection (g) of Section 31 of this Act, before the amount |
3 | | allocated to
standardbred purses under item (i) is |
4 | | allocated to standardbred
organization licensees in the |
5 | | succeeding allocation year. |
6 | | To the extent the excess amount of taxes and fees to be |
7 | | collected and
distributed to State and local governmental |
8 | | authorities exceeds $11 million,
that excess amount shall be |
9 | | collected and distributed to State and local
authorities as |
10 | | provided for under this Act. |
11 | | (Source: P.A. 98-18, eff. 6-7-13; 98-624, eff. 1-29-14; 99-756, |
12 | | eff. 8-12-16.) |
13 | | Section 5. The Video Gaming
Act is amended by changing |
14 | | Section 45 and by adding Section 78.5 as follows:
|
15 | | (230 ILCS 40/45)
|
16 | | Sec. 45. Issuance of license.
|
17 | | (a) The burden is upon each applicant to
demonstrate his |
18 | | suitability for licensure. Each video gaming terminal
|
19 | | manufacturer, distributor, supplier, operator, handler, |
20 | | licensed establishment, licensed truck stop establishment, |
21 | | licensed
fraternal
establishment, and licensed veterans |
22 | | establishment shall be
licensed by the Board.
The Board may |
23 | | issue or deny a license under this Act to any person pursuant |
24 | | to the same criteria set forth in Section 9 of the Riverboat |
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1 | | Gambling Act.
|
2 | | (a-5) The Board shall not grant a license to a person who |
3 | | has facilitated, enabled, or participated in the use of |
4 | | coin-operated devices for gambling purposes or who is under the |
5 | | significant influence or control of such a person. For the |
6 | | purposes of this Act, "facilitated, enabled, or participated in |
7 | | the use of coin-operated amusement devices for gambling |
8 | | purposes" means that the person has been convicted of any |
9 | | violation of Article 28 of the Criminal Code of 1961 or the |
10 | | Criminal Code of 2012. If there is pending legal action against |
11 | | a person for any such violation, then the Board shall delay the |
12 | | licensure of that person until the legal action is resolved. |
13 | | (b) Each person seeking and possessing a license as a video |
14 | | gaming terminal manufacturer, distributor, supplier, operator, |
15 | | handler, licensed establishment, licensed truck stop |
16 | | establishment, licensed fraternal establishment, or licensed |
17 | | veterans establishment shall submit to a background |
18 | | investigation conducted by the Board with the assistance of the |
19 | | State Police or other law enforcement. To the extent that the |
20 | | corporate structure of the applicant allows, the background |
21 | | investigation shall include any or all of the following as the |
22 | | Board deems appropriate or as provided by rule for each |
23 | | category of licensure: (i) each beneficiary of a trust, (ii) |
24 | | each partner of a partnership, (iii) each member of a limited |
25 | | liability company, (iv) each director and officer of a publicly |
26 | | or non-publicly held corporation, (v) each stockholder of a |
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1 | | non-publicly held corporation, (vi) each stockholder of 5% or |
2 | | more of a publicly held corporation, or (vii) each stockholder |
3 | | of 5% or more in a parent or subsidiary corporation. |
4 | | (c) Each person seeking and possessing a license as a video |
5 | | gaming terminal manufacturer, distributor, supplier, operator, |
6 | | handler, licensed establishment, licensed truck stop |
7 | | establishment, licensed fraternal establishment, or licensed |
8 | | veterans establishment shall disclose the identity of every |
9 | | person, association, trust, corporation, or limited liability |
10 | | company having a greater than 1% direct or indirect pecuniary |
11 | | interest in the video gaming terminal operation for which the |
12 | | license is sought. If the disclosed entity is a trust, the |
13 | | application shall disclose the names and addresses of the |
14 | | beneficiaries; if a corporation, the names and addresses of all |
15 | | stockholders and directors; if a limited liability company, the |
16 | | names and addresses of all members; or if a partnership, the |
17 | | names and addresses of all partners, both general and limited. |
18 | | (d) No person may be licensed as a video gaming terminal |
19 | | manufacturer, distributor, supplier, operator, handler, |
20 | | licensed establishment, licensed truck stop establishment, |
21 | | licensed fraternal establishment, or licensed veterans |
22 | | establishment if that person has been found by the Board to: |
23 | | (1) have a background, including a criminal record, |
24 | | reputation, habits, social or business associations, or |
25 | | prior activities that pose a threat to the public interests |
26 | | of the State or to the security and integrity of video |
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1 | | gaming; |
2 | | (2) create or enhance the dangers of unsuitable, |
3 | | unfair, or illegal practices, methods, and activities in |
4 | | the conduct of video gaming; or |
5 | | (3) present questionable business practices and |
6 | | financial arrangements incidental to the conduct of video |
7 | | gaming activities. |
8 | | (e) Any applicant for any license under this Act has the |
9 | | burden of proving his or her qualifications to the satisfaction |
10 | | of the Board. The Board may adopt rules to establish additional |
11 | | qualifications and requirements to preserve the integrity and |
12 | | security of video gaming in this State. |
13 | | (f) A non-refundable application fee shall be paid at the |
14 | | time an
application for a license is filed with the Board in |
15 | | the following amounts:
|
16 | | (1) Manufacturer ..........................$5,000
|
17 | | (2) Distributor ...........................$5,000
|
18 | | (3) Terminal operator .....................$5,000
|
19 | | (4) Supplier ..............................$2,500
|
20 | | (5) Technician ..............................$100
|
21 | | (6) Terminal Handler .....................$100 $50
|
22 | | (7) Licensed establishment, licensed truck stop
|
23 | | establishment, licensed fraternal establishment,
|
24 | | or licensed veterans establishment ...................$250 |
25 | | (g) The Board shall establish an
annual fee for each |
26 | | license not to exceed the following: |
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1 | | (1) Manufacturer .........................$10,000
|
2 | | (2) Distributor ..........................$10,000
|
3 | | (3) Terminal operator .....................$5,000
|
4 | | (4) Supplier ..............................$2,000
|
5 | | (5) Technician ..............................$100
|
6 | | (6) Licensed establishment, licensed truck stop
|
7 | | establishment, licensed fraternal establishment,
|
8 | | or licensed veterans establishment ..............$100
|
9 | | (7) Video gaming terminal ...................$100
|
10 | | (8) Terminal Handler .........................$100 $50
|
11 | | (h) A terminal operator and a licensed establishment, |
12 | | licensed truck stop establishment, licensed fraternal |
13 | | establishment,
or licensed veterans establishment shall |
14 | | equally split the fees specified in item (7) of subsection (g). |
15 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-31, eff. 6-24-13; |
16 | | 98-587, eff. 8-27-13; 98-756, eff. 7-16-14.)
|
17 | | (230 ILCS 40/78.5 new) |
18 | | Sec. 78.5. Civil penalties. Notwithstanding paragraph (15) |
19 | | of subsection (c) of Section 5 of the Riverboat Gambling Act, |
20 | | monetary civil penalties under this Act shall not exceed |
21 | | $25,000 for individuals and $50,000 for licensees per |
22 | | violation. ".
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