96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB3146

 

Introduced 2/9/2010, by Sen. Dave Syverson

 

SYNOPSIS AS INTRODUCED:
 
230 ILCS 5/26   from Ch. 8, par. 37-26

    Amends the Illinois Horse Racing Act of 1975. In provisions limiting locations of inter-track wagering location facilities, specifies that the schools that the facilities may not be located near are elementary or secondary public or private schools recognized by the State Board of Education. Effective immediately.


LRB096 14561 AMC 29399 b

 

 

A BILL FOR

 

SB3146 LRB096 14561 AMC 29399 b

1     AN ACT concerning gaming.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Horse Racing Act of 1975 is amended
5 by changing Section 26 as follows:
 
6     (230 ILCS 5/26)  (from Ch. 8, par. 37-26)
7     Sec. 26. Wagering.
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
17 the provisions of this Act, be held or construed to be
18 unlawful, other statutes of this State to the contrary
19 notwithstanding. Subject to rules for advance wagering
20 promulgated by the Board, any licensee may accept wagers in
21 advance of the day of the race wagered upon occurs.
22     (b) No other method of betting, pool making, wagering or
23 gambling shall be used or permitted by the licensee. Each

 

 

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1 licensee may retain, subject to the payment of all applicable
2 taxes and purses, an amount not to exceed 17% of all money
3 wagered under subsection (a) of this Section, except as may
4 otherwise be permitted under this Act.
5     (b-5) An individual may place a wager under the pari-mutuel
6 system from any licensed location authorized under this Act
7 provided that wager is electronically recorded in the manner
8 described in Section 3.12 of this Act. Any wager made
9 electronically by an individual while physically on the
10 premises of a licensee shall be deemed to have been made at the
11 premises of that licensee.
12     (c) Until January 1, 2000, the sum held by any licensee for
13 payment of outstanding pari-mutuel tickets, if unclaimed prior
14 to December 31 of the next year, shall be retained by the
15 licensee for payment of such tickets until that date. Within 10
16 days thereafter, the balance of such sum remaining unclaimed,
17 less any uncashed supplements contributed by such licensee for
18 the purpose of guaranteeing minimum distributions of any
19 pari-mutuel pool, shall be paid to the Illinois Veterans'
20 Rehabilitation Fund of the State treasury, except as provided
21 in subsection (g) of Section 27 of this Act.
22     (c-5) Beginning January 1, 2000, the sum held by any
23 licensee for payment of outstanding pari-mutuel tickets, if
24 unclaimed prior to December 31 of the next year, shall be
25 retained by the licensee for payment of such tickets until that
26 date. Within 10 days thereafter, the balance of such sum

 

 

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1 remaining unclaimed, less any uncashed supplements contributed
2 by such licensee for the purpose of guaranteeing minimum
3 distributions of any pari-mutuel pool, shall be evenly
4 distributed to the purse account of the organization licensee
5 and the organization licensee.
6     (d) A pari-mutuel ticket shall be honored until December 31
7 of the next calendar year, and the licensee shall pay the same
8 and may charge the amount thereof against unpaid money
9 similarly accumulated on account of pari-mutuel tickets not
10 presented for payment.
11     (e) No licensee shall knowingly permit any minor, other
12 than an employee of such licensee or an owner, trainer, jockey,
13 driver, or employee thereof, to be admitted during a racing
14 program unless accompanied by a parent or guardian, or any
15 minor to be a patron of the pari-mutuel system of wagering
16 conducted or supervised by it. The admission of any
17 unaccompanied minor, other than an employee of the licensee or
18 an owner, trainer, jockey, driver, or employee thereof at a
19 race track is a Class C misdemeanor.
20     (f) Notwithstanding the other provisions of this Act, an
21 organization licensee may contract with an entity in another
22 state or country to permit any legal wagering entity in another
23 state or country to accept wagers solely within such other
24 state or country on races conducted by the organization
25 licensee in this State. Beginning January 1, 2000, these wagers
26 shall not be subject to State taxation. Until January 1, 2000,

 

 

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1 when the out-of-State entity conducts a pari-mutuel pool
2 separate from the organization licensee, a privilege tax equal
3 to 7 1/2% of all monies received by the organization licensee
4 from entities in other states or countries pursuant to such
5 contracts is imposed on the organization licensee, and such
6 privilege tax shall be remitted to the Department of Revenue
7 within 48 hours of receipt of the moneys from the simulcast.
8 When the out-of-State entity conducts a combined pari-mutuel
9 pool with the organization licensee, the tax shall be 10% of
10 all monies received by the organization licensee with 25% of
11 the receipts from this 10% tax to be distributed to the county
12 in which the race was conducted.
13     An organization licensee may permit one or more of its
14 races to be utilized for pari-mutuel wagering at one or more
15 locations in other states and may transmit audio and visual
16 signals of races the organization licensee conducts to one or
17 more locations outside the State or country and may also permit
18 pari-mutuel pools in other states or countries to be combined
19 with its gross or net wagering pools or with wagering pools
20 established by other states.
21     (g) A host track may accept interstate simulcast wagers on
22 horse races conducted in other states or countries and shall
23 control the number of signals and types of breeds of racing in
24 its simulcast program, subject to the disapproval of the Board.
25 The Board may prohibit a simulcast program only if it finds
26 that the simulcast program is clearly adverse to the integrity

 

 

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1 of racing. The host track simulcast program shall include the
2 signal of live racing of all organization licensees. All
3 non-host licensees and advance deposit wagering licensees
4 shall carry the signal of and accept wagers on live racing of
5 all organization licensees. Advance deposit wagering licensees
6 shall not be permitted to accept out-of-state wagers on any
7 Illinois signal provided pursuant to this Section without the
8 approval and consent of the organization licensee providing the
9 signal. Non-host licensees may carry the host track simulcast
10 program and shall accept wagers on all races included as part
11 of the simulcast program upon which wagering is permitted. All
12 organization licensees shall provide their live signal to all
13 advance deposit wagering licensees for a simulcast commission
14 fee not to exceed 6% of the advance deposit wagering licensee's
15 Illinois handle on the organization licensee's signal without
16 prior approval by the Board. The Board may adopt rules under
17 which it may permit simulcast commission fees in excess of 6%.
18 The Board shall adopt rules limiting the interstate commission
19 fees charged to an advance deposit wagering licensee. The Board
20 shall adopt rules regarding advance deposit wagering on
21 interstate simulcast races that shall reflect, among other
22 things, the General Assembly's desire to maximize revenues to
23 the State, horsemen purses, and organizational licensees.
24 However, organization licensees providing live signals
25 pursuant to the requirements of this subsection (g) may
26 petition the Board to withhold their live signals from an

 

 

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

 

 

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1 non-host licensees.
2     Notwithstanding any other provision of this Act, for a
3 period of 3 years after the effective date of this amendatory
4 Act of the 96th General Assembly, an organization licensee may
5 maintain a system whereby advance deposit wagering may take
6 place or an organization licensee, with the consent of the
7 horsemen association representing the largest number of
8 owners, trainers, jockeys, or standardbred drivers who race
9 horses at that organization licensee's racing meeting, may
10 contract with another person to carry out a system of advance
11 deposit wagering. Such consent may not be unreasonably
12 withheld. All advance deposit wagers placed from within
13 Illinois must be placed through a Board-approved advance
14 deposit wagering licensee; no other entity may accept an
15 advance deposit wager from a person within Illinois. All
16 advance deposit wagering is subject to any rules adopted by the
17 Board. The Board may adopt rules necessary to regulate advance
18 deposit wagering through the use of emergency rulemaking in
19 accordance with Section 5-45 of the Illinois Administrative
20 Procedure Act. The General Assembly finds that the adoption of
21 rules to regulate advance deposit wagering is deemed an
22 emergency and necessary for the public interest, safety, and
23 welfare. An advance deposit wagering licensee may retain all
24 moneys as agreed to by contract with an organization licensee.
25 Any moneys retained by the organization licensee from advance
26 deposit wagering, not including moneys retained by the advance

 

 

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1 deposit wagering licensee, shall be paid 50% to the
2 organization licensee's purse account and 50% to the
3 organization licensee. If more than one breed races at the same
4 race track facility, then the 50% of the moneys to be paid to
5 an organization licensee's purse account shall be allocated
6 among all organization licensees' purse accounts operating at
7 that race track facility proportionately based on the actual
8 number of host days that the Board grants to that breed at that
9 race track facility in the current calendar year. To the extent
10 any fees from advance deposit wagering conducted in Illinois
11 for wagers in Illinois or other states have been placed in
12 escrow or otherwise withheld from wagers pending a
13 determination of the legality of advance deposit wagering, no
14 action shall be brought to declare such wagers or the
15 disbursement of any fees previously escrowed illegal.
16         (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
17     intertrack wagering licensee other than the host track may
18     supplement the host track simulcast program with
19     additional simulcast races or race programs, provided that
20     between January 1 and the third Friday in February of any
21     year, inclusive, if no live thoroughbred racing is
22     occurring in Illinois during this period, only
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
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 intertrack wagering licensee to its affiliated non-host
3     licensees. The interstate commission fee for a
4     supplemental interstate simulcast shall be paid by the
5     non-host licensee and its affiliated non-host licensees
6     receiving the simulcast.
7         (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
8     intertrack wagering licensee other than the host track may
9     receive supplemental interstate simulcasts only with the
10     consent of the host track, except when the Board finds that
11     the simulcast is clearly adverse to the integrity of
12     racing. Consent granted under this paragraph (2) to any
13     intertrack wagering licensee shall be deemed consent to all
14     non-host licensees. The interstate commission fee for the
15     supplemental interstate simulcast shall be paid by all
16     participating non-host licensees.
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
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 intertrack wagering location licensee
3     shall pay 1% of the pari-mutuel handle wagered on simulcast
4     wagering to the Horse Racing Tax Allocation Fund, subject
5     to the provisions of subparagraph (B) of paragraph (11) of
6     subsection (h) of Section 26 of this Act.
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
16     states or countries to be combined with its gross or net
17     wagering pools or other wagering pools.
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
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.
4             (B) For wagers placed on interstate simulcast
5         races, supplemental simulcasts as defined in
6         subparagraphs (1) and (2), and separately pooled races
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.
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
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
18     simulcast is clearly adverse to the integrity of racing.
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
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:
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
5         interstate simulcast is a standardbred race, the purse
6         share to its standardbred purse account;
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
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
13         (g);
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;
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;
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.
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:
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
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
3         Department of Agriculture, with the advice and
4         assistance of the Illinois Standardbred Breeders Fund
5         Advisory Board.
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 also receive up to 6

 

 

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1     inter-track wagering location licenses. In no event shall
2     more than 6 inter-track wagering locations be established
3     for each eligible race track, except that an eligible race
4     track located in a county that has a population of more
5     than 230,000 and that is bounded by the Mississippi River
6     may establish up to 7 inter-track wagering locations. An
7     application for said license shall be filed with the Board
8     prior to such dates as may be fixed by the Board. With an
9     application for an inter-track wagering location license
10     there shall be delivered to the Board a certified check or
11     bank draft payable to the order of the Board for an amount
12     equal to $500. The application shall be on forms prescribed
13     and furnished by the Board. The application shall comply
14     with all other rules, regulations and conditions imposed by
15     the Board in connection therewith.
16         (2) The Board shall examine the applications with
17     respect to their conformity with this Act and the rules and
18     regulations imposed by the Board. If found to be in
19     compliance with the Act and rules and regulations of the
20     Board, the Board may then issue a license to conduct
21     inter-track wagering and simulcast wagering to such
22     applicant. All such applications shall be acted upon by the
23     Board at a meeting to be held on such date as may be fixed
24     by the Board.
25         (3) In granting licenses to conduct inter-track
26     wagering and simulcast wagering, the Board shall give due

 

 

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

 

 

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1         (8) Inter-track wagering or simulcast wagering shall
2     not be conducted at any track less than 5 miles from a
3     track at which a racing meeting is in progress.
4         (8.1) Inter-track wagering location licensees who
5     derive their licenses from a particular organization
6     licensee shall conduct inter-track wagering and simulcast
7     wagering only at locations which are either within 90 miles
8     of that race track where the particular organization
9     licensee is licensed to conduct racing, or within 135 miles
10     of that race track where the particular organization
11     licensee is licensed to conduct racing in the case of race
12     tracks in counties of less than 400,000 that were operating
13     on or before June 1, 1986. However, inter-track wagering
14     and simulcast wagering shall not be conducted by those
15     licensees at any location within 5 miles of any race track
16     at which a horse race meeting has been licensed in the
17     current year, unless the person having operating control of
18     such race track has given its written consent to such
19     inter-track wagering location licensees, which consent
20     must be filed with the Board at or prior to the time
21     application is made.
22         (8.2) Inter-track wagering or simulcast wagering shall
23     not be conducted by an inter-track wagering location
24     licensee at any location within 500 feet of an existing
25     church or existing elementary or secondary public or
26     private school recognized by the State Board of Education

 

 

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1     school, nor within 500 feet of the residences of more than
2     50 registered voters without receiving written permission
3     from a majority of the registered voters at such
4     residences. Such written permission statements shall be
5     filed with the Board. The distance of 500 feet shall be
6     measured to the nearest part of any building used for
7     worship services, education programs, residential
8     purposes, or conducting inter-track wagering by an
9     inter-track wagering location licensee, and not to
10     property boundaries. However, inter-track wagering or
11     simulcast wagering may be conducted at a site within 500
12     feet of a church, school or residences of 50 or more
13     registered voters if such church, school or residences have
14     been erected or established, or such voters have been
15     registered, after the Board issues the original
16     inter-track wagering location license at the site in
17     question. Inter-track wagering location licensees may
18     conduct inter-track wagering and simulcast wagering only
19     in areas that are zoned for commercial or manufacturing
20     purposes or in areas for which a special use has been
21     approved by the local zoning authority. However, no license
22     to conduct inter-track wagering and simulcast wagering
23     shall be granted by the Board with respect to any
24     inter-track wagering location within the jurisdiction of
25     any local zoning authority which has, by ordinance or by
26     resolution, prohibited the establishment of an inter-track

 

 

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1     wagering location within its jurisdiction. However,
2     inter-track wagering and simulcast wagering may be
3     conducted at a site if such ordinance or resolution is
4     enacted after the Board licenses the original inter-track
5     wagering location licensee for the site in question.
6         (9) (Blank).
7         (10) An inter-track wagering licensee or an
8     inter-track wagering location licensee may retain, subject
9     to the payment of the privilege taxes and the purses, an
10     amount not to exceed 17% of all money wagered. Each program
11     of racing conducted by each inter-track wagering licensee
12     or inter-track wagering location licensee shall be
13     considered a separate racing day for the purpose of
14     determining the daily handle and computing the privilege
15     tax or pari-mutuel tax on such daily handle as provided in
16     Section 27.
17         (10.1) Except as provided in subsection (g) of Section
18     27 of this Act, inter-track wagering location licensees
19     shall pay 1% of the pari-mutuel handle at each location to
20     the municipality in which such location is situated and 1%
21     of the pari-mutuel handle at each location to the county in
22     which such location is situated. In the event that an
23     inter-track wagering location licensee is situated in an
24     unincorporated area of a county, such licensee shall pay 2%
25     of the pari-mutuel handle from such location to such
26     county.

 

 

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

 

 

SB3146 - 27 - LRB096 14561 AMC 29399 b

1     in connection with the gathering, transmission, and
2     dissemination of all data necessary to the conduct of
3     inter-track wagering, the remainder of the monies retained
4     under either Section 26 or Section 26.2 of this Act by the
5     inter-track wagering licensee on inter-track wagering
6     shall be allocated with 50% to be split between the 2
7     participating licensees and 50% to purses, except that an
8     intertrack wagering licensee that derives its license from
9     a track located in a county with a population in excess of
10     230,000 and that borders the Mississippi River shall not
11     divide any remaining retention with the Illinois
12     organization licensee that provides the race or races, and
13     an intertrack wagering licensee that accepts wagers on
14     races conducted by an organization licensee that conducts a
15     race meet in a county with a population in excess of
16     230,000 and that borders the Mississippi River shall not
17     divide any remaining retention with that organization
18     licensee.
19         (B) From the sums permitted to be retained pursuant to
20     this Act each inter-track wagering location licensee shall
21     pay (i) the privilege or pari-mutuel tax to the State; (ii)
22     4.75% of the pari-mutuel handle on intertrack wagering at
23     such location on races as purses, except that an intertrack
24     wagering location licensee that derives its license from a
25     track located in a county with a population in excess of
26     230,000 and that borders the Mississippi River shall retain

 

 

SB3146 - 28 - LRB096 14561 AMC 29399 b

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

 

 

SB3146 - 29 - LRB096 14561 AMC 29399 b

1     Section 26 provided first, that the shares of those
2     amounts, which are to be redistributed to the host track or
3     to purses at the host track under subparagraph (B) of
4     paragraph (5) of subsection (g) of this Section 26 shall be
5     redistributed based on each host track's pro rata share of
6     the total inter-track wagering and simulcast wagering
7     handle at all host tracks during the calendar year in
8     question, and second, that any amounts redistributed as
9     described in part (I) to an inter-track wagering location
10     licensee that accepts wagers on races conducted by an
11     organization licensee that conducts a race meet in a county
12     with a population in excess of 230,000 and that borders the
13     Mississippi River shall be further redistributed as
14     provided in subparagraphs (D) and (E) of paragraph (7) of
15     subsection (g) of this Section 26, with the portion of that
16     further redistribution allocated to purses at that
17     organization licensee to be divided between standardbred
18     purses and thoroughbred purses based on the amounts
19     otherwise allocated to purses at that organization
20     licensee during the calendar year in question; and (iv) 8%
21     of the pari-mutuel handle on inter-track wagering wagered
22     at such location to satisfy all costs and expenses of
23     conducting its wagering. The remainder of the monies
24     retained by the inter-track wagering location licensee
25     shall be allocated 40% to the location licensee and 60% to
26     the organization licensee which provides the Illinois

 

 

SB3146 - 30 - LRB096 14561 AMC 29399 b

1     races to the location, except that an intertrack wagering
2     location licensee that derives its license from a track
3     located in a county with a population in excess of 230,000
4     and that borders the Mississippi River shall not divide any
5     remaining retention with the organization licensee that
6     provides the race or races and an intertrack wagering
7     location licensee that accepts wagers on races conducted by
8     an organization licensee that conducts a race meet in a
9     county with a population in excess of 230,000 and that
10     borders the Mississippi River shall not divide any
11     remaining retention with the organization licensee.
12     Notwithstanding the provisions of clauses (ii) and (iv) of
13     this paragraph, in the case of the additional inter-track
14     wagering location licenses authorized under paragraph (1)
15     of this subsection (h) by this amendatory Act of 1991,
16     those licensees shall pay the following amounts as purses:
17     during the first 12 months the licensee is in operation,
18     5.25% of the pari-mutuel handle wagered at the location on
19     races; during the second 12 months, 5.25%; during the third
20     12 months, 5.75%; during the fourth 12 months, 6.25%; and
21     during the fifth 12 months and thereafter, 6.75%. The
22     following amounts shall be retained by the licensee to
23     satisfy all costs and expenses of conducting its wagering:
24     during the first 12 months the licensee is in operation,
25     8.25% of the pari-mutuel handle wagered at the location;
26     during the second 12 months, 8.25%; during the third 12

 

 

SB3146 - 31 - LRB096 14561 AMC 29399 b

1     months, 7.75%; during the fourth 12 months, 7.25%; and
2     during the fifth 12 months and thereafter, 6.75%. For
3     additional intertrack wagering location licensees
4     authorized under this amendatory Act of 1995, purses for
5     the first 12 months the licensee is in operation shall be
6     5.75% of the pari-mutuel wagered at the location, purses
7     for the second 12 months the licensee is in operation shall
8     be 6.25%, and purses thereafter shall be 6.75%. For
9     additional intertrack location licensees authorized under
10     this amendatory Act of 1995, the licensee shall be allowed
11     to retain to satisfy all costs and expenses: 7.75% of the
12     pari-mutuel handle wagered at the location during its first
13     12 months of operation, 7.25% during its second 12 months
14     of operation, and 6.75% thereafter.
15         (C) There is hereby created the Horse Racing Tax
16     Allocation Fund which shall remain in existence until
17     December 31, 1999. Moneys remaining in the Fund after
18     December 31, 1999 shall be paid into the General Revenue
19     Fund. Until January 1, 2000, all monies paid into the Horse
20     Racing Tax Allocation Fund pursuant to this paragraph (11)
21     by inter-track wagering location licensees located in park
22     districts of 500,000 population or less, or in a
23     municipality that is not included within any park district
24     but is included within a conservation district and is the
25     county seat of a county that (i) is contiguous to the state
26     of Indiana and (ii) has a 1990 population of 88,257

 

 

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1     according to the United States Bureau of the Census, and
2     operating on May 1, 1994 shall be allocated by
3     appropriation as follows:
4             Two-sevenths to the Department of Agriculture.
5         Fifty percent of this two-sevenths shall be used to
6         promote the Illinois horse racing and breeding
7         industry, and shall be distributed by the Department of
8         Agriculture upon the advice of a 9-member committee
9         appointed by the Governor consisting of the following
10         members: the Director of Agriculture, who shall serve
11         as chairman; 2 representatives of organization
12         licensees conducting thoroughbred race meetings in
13         this State, recommended by those licensees; 2
14         representatives of organization licensees conducting
15         standardbred race meetings in this State, recommended
16         by those licensees; a representative of the Illinois
17         Thoroughbred Breeders and Owners Foundation,
18         recommended by that Foundation; a representative of
19         the Illinois Standardbred Owners and Breeders
20         Association, recommended by that Association; a
21         representative of the Horsemen's Benevolent and
22         Protective Association or any successor organization
23         thereto established in Illinois comprised of the
24         largest number of owners and trainers, recommended by
25         that Association or that successor organization; and a
26         representative of the Illinois Harness Horsemen's

 

 

SB3146 - 33 - LRB096 14561 AMC 29399 b

1         Association, recommended by that Association.
2         Committee members shall serve for terms of 2 years,
3         commencing January 1 of each even-numbered year. If a
4         representative of any of the above-named entities has
5         not been recommended by January 1 of any even-numbered
6         year, the Governor shall appoint a committee member to
7         fill that position. Committee members shall receive no
8         compensation for their services as members but shall be
9         reimbursed for all actual and necessary expenses and
10         disbursements incurred in the performance of their
11         official duties. The remaining 50% of this
12         two-sevenths shall be distributed to county fairs for
13         premiums and rehabilitation as set forth in the
14         Agricultural Fair Act;
15             Four-sevenths to park districts or municipalities
16         that do not have a park district of 500,000 population
17         or less for museum purposes (if an inter-track wagering
18         location licensee is located in such a park district)
19         or to conservation districts for museum purposes (if an
20         inter-track wagering location licensee is located in a
21         municipality that is not included within any park
22         district but is included within a conservation
23         district and is the county seat of a county that (i) is
24         contiguous to the state of Indiana and (ii) has a 1990
25         population of 88,257 according to the United States
26         Bureau of the Census, except that if the conservation

 

 

SB3146 - 34 - LRB096 14561 AMC 29399 b

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

 

 

SB3146 - 35 - LRB096 14561 AMC 29399 b

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

 

 

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

 

 

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1             Four-sevenths to museums and aquariums located in
2         park districts of over 500,000 population; provided
3         that the monies are distributed in accordance with the
4         previous year's distribution of the maintenance tax
5         for such museums and aquariums as provided in Section 2
6         of the Park District Aquarium and Museum Act; and
7             One-seventh to the Agricultural Premium Fund to be
8         used for distribution to agricultural home economics
9         extension councils in accordance with "An Act in
10         relation to additional support and finances for the
11         Agricultural and Home Economic Extension Councils in
12         the several counties of this State and making an
13         appropriation therefor", approved July 24, 1967. This
14         subparagraph (C) shall be inoperative and of no force
15         and effect on and after January 1, 2000.
16             (D) Except as provided in paragraph (11) of this
17         subsection (h), with respect to purse allocation from
18         intertrack wagering, the monies so retained shall be
19         divided as follows:
20                 (i) If the inter-track wagering licensee,
21             except an intertrack wagering licensee that
22             derives its license from an organization licensee
23             located in a county with a population in excess of
24             230,000 and bounded by the Mississippi River, is
25             not conducting its own race meeting during the same
26             dates, then the entire purse allocation shall be to

 

 

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1             purses at the track where the races wagered on are
2             being conducted.
3                 (ii) If the inter-track wagering licensee,
4             except an intertrack wagering licensee that
5             derives its license from an organization licensee
6             located in a county with a population in excess of
7             230,000 and bounded by the Mississippi River, is
8             also conducting its own race meeting during the
9             same dates, then the purse allocation shall be as
10             follows: 50% to purses at the track where the races
11             wagered on are being conducted; 50% to purses at
12             the track where the inter-track wagering licensee
13             is accepting such wagers.
14                 (iii) If the inter-track wagering is being
15             conducted by an inter-track wagering location
16             licensee, except an intertrack wagering location
17             licensee that derives its license from an
18             organization licensee located in a county with a
19             population in excess of 230,000 and bounded by the
20             Mississippi River, the entire purse allocation for
21             Illinois races shall be to purses at the track
22             where the race meeting being wagered on is being
23             held.
24         (12) The Board shall have all powers necessary and
25     proper to fully supervise and control the conduct of
26     inter-track wagering and simulcast wagering by inter-track

 

 

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1     wagering licensees and inter-track wagering location
2     licensees, including, but not limited to the following:
3             (A) The Board is vested with power to promulgate
4         reasonable rules and regulations for the purpose of
5         administering the conduct of this wagering and to
6         prescribe reasonable rules, regulations and conditions
7         under which such wagering shall be held and conducted.
8         Such rules and regulations are to provide for the
9         prevention of practices detrimental to the public
10         interest and for the best interests of said wagering
11         and to impose penalties for violations thereof.
12             (B) The Board, and any person or persons to whom it
13         delegates this power, is vested with the power to enter
14         the facilities of any licensee to determine whether
15         there has been compliance with the provisions of this
16         Act and the rules and regulations relating to the
17         conduct of such wagering.
18             (C) The Board, and any person or persons to whom it
19         delegates this power, may eject or exclude from any
20         licensee's facilities, any person whose conduct or
21         reputation is such that his presence on such premises
22         may, in the opinion of the Board, call into the
23         question the honesty and integrity of, or interfere
24         with the orderly conduct of such wagering; provided,
25         however, that no person shall be excluded or ejected
26         from such premises solely on the grounds of race,

 

 

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1         color, creed, national origin, ancestry, or sex.
2             (D) (Blank).
3             (E) The Board is vested with the power to appoint
4         delegates to execute any of the powers granted to it
5         under this Section for the purpose of administering
6         this wagering and any rules and regulations
7         promulgated in accordance with this Act.
8             (F) The Board shall name and appoint a State
9         director of this wagering who shall be a representative
10         of the Board and whose duty it shall be to supervise
11         the conduct of inter-track wagering as may be provided
12         for by the rules and regulations of the Board; such
13         rules and regulation shall specify the method of
14         appointment and the Director's powers, authority and
15         duties.
16             (G) The Board is vested with the power to impose
17         civil penalties of up to $5,000 against individuals and
18         up to $10,000 against licensees for each violation of
19         any provision of this Act relating to the conduct of
20         this wagering, any rules adopted by the Board, any
21         order of the Board or any other action which in the
22         Board's discretion, is a detriment or impediment to
23         such wagering.
24         (13) The Department of Agriculture may enter into
25     agreements with licensees authorizing such licensees to
26     conduct inter-track wagering on races to be held at the

 

 

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

 

 

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1 (Source: P.A. 96-762, eff. 8-25-09.)
 
2     Section 99. Effective date. This Act takes effect upon
3 becoming law.