Illinois General Assembly - Full Text of HB5649
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Full Text of HB5649  101st General Assembly

HB5649 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5649

 

Introduced , by Rep. Aaron M. Ortiz

 

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

    Amends the Illinois Horse Racing Act of 1975. Makes a technical change in a Section concerning wagering.


LRB101 20743 SMS 70428 b

 

 

A BILL FOR

 

HB5649LRB101 20743 SMS 70428 b

1    AN ACT concerning gaming.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Horse Racing Act of 1975 is amended
5by 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 the
9pari-mutuel system of wagering, as defined in Section 3.12 of
10this Act, on horse races conducted by an Illinois organization
11licensee or conducted at a racetrack located in another state
12or country in accordance with subsection (g) of Section 26 of
13this Act. Subject to the prior consent of the Board, licensees
14may supplement any pari-mutuel pool in order to guarantee a
15minimum distribution. Such pari-mutuel method of wagering
16shall not, under any circumstances if conducted under the
17provisions of this Act, be held or construed to be unlawful,
18other statutes of this State to the contrary notwithstanding.
19Subject to rules for advance wagering promulgated by the Board,
20any licensee may accept wagers in advance of the day of the
21race wagered upon occurs.
22    (b) Except for those gaming activities for which a license
23is obtained and authorized under the Illinois Lottery Law, the

 

 

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1Charitable Games Act, the Raffles and Poker Runs Act, or the
2Illinois Gambling Act, no other method of betting, pool making,
3wagering or gambling shall be used or permitted by the
4licensee. Each licensee may retain, subject to the payment of
5all applicable taxes and purses, an amount not to exceed 17% of
6all money wagered under subsection (a) of this Section, except
7as may otherwise be permitted under this Act.
8    (b-5) An individual may place a wager under the pari-mutuel
9system from any licensed location authorized under this Act
10provided that wager is electronically recorded in the manner
11described in Section 3.12 of this Act. Any wager made
12electronically by an individual while physically on the
13premises of a licensee shall be deemed to have been made at the
14premises of that licensee.
15    (c) (Blank).
16    (c-5) The sum held by any licensee for payment of
17outstanding pari-mutuel tickets, if unclaimed prior to
18December 31 of the next year, shall be retained by the licensee
19for payment of such tickets until that date. Within 10 days
20thereafter, the balance of such sum remaining unclaimed, less
21any uncashed supplements contributed by such licensee for the
22purpose of guaranteeing minimum distributions of any
23pari-mutuel pool, shall be evenly distributed to the purse
24account of the organization licensee and the organization
25licensee, except that the balance of the sum of all outstanding
26pari-mutuel tickets generated from simulcast wagering and

 

 

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1inter-track wagering by an organization licensee located in a
2county with a population in excess of 230,000 and borders the
3Mississippi River or any licensee that derives its license from
4that organization licensee shall be evenly distributed to the
5purse account of the organization licensee and the organization
6licensee.
7    (d) A pari-mutuel ticket shall be honored until December 31
8of the next calendar year, and the licensee shall pay the same
9and may charge the amount thereof against unpaid money
10similarly accumulated on account of pari-mutuel tickets not
11presented for payment.
12    (e) No licensee shall knowingly permit any minor, other
13than an employee of such licensee or an owner, trainer, jockey,
14driver, or employee thereof, to be admitted during a racing
15program unless accompanied by a parent or guardian, or any
16minor to be a patron of the pari-mutuel system of wagering
17conducted or supervised by it. The admission of any
18unaccompanied minor, other than an employee of the licensee or
19an owner, trainer, jockey, driver, or employee thereof at a
20race track is a Class C misdemeanor.
21    (f) Notwithstanding the other provisions of this Act, an
22organization licensee may contract with an entity in another
23state or country to permit any legal wagering entity in another
24state or country to accept wagers solely within such other
25state or country on races conducted by the organization
26licensee in this State. Beginning January 1, 2000, these wagers

 

 

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1shall not be subject to State taxation. Until January 1, 2000,
2when the out-of-State entity conducts a pari-mutuel pool
3separate from the organization licensee, a privilege tax equal
4to 7 1/2% of all monies received by the organization licensee
5from entities in other states or countries pursuant to such
6contracts is imposed on the organization licensee, and such
7privilege tax shall be remitted to the Department of Revenue
8within 48 hours of receipt of the moneys from the simulcast.
9When the out-of-State entity conducts a combined pari-mutuel
10pool with the organization licensee, the tax shall be 10% of
11all monies received by the organization licensee with 25% of
12the receipts from this 10% tax to be distributed to the county
13in which the race was conducted.
14    An organization licensee may permit one or more of its
15races to be utilized for pari-mutuel wagering at one or more
16locations in other states and may transmit audio and visual
17signals of races the organization licensee conducts to one or
18more locations outside the State or country and may also permit
19pari-mutuel pools in other states or countries to be combined
20with its gross or net wagering pools or with wagering pools
21established by other states.
22    (g) A host track may accept interstate simulcast wagers on
23horse races conducted in other states or countries and shall
24control the number of signals and types of breeds of racing in
25its simulcast program, subject to the disapproval of the Board.
26The Board may prohibit a simulcast program only if it finds

 

 

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1that the simulcast program is clearly adverse to the integrity
2of racing. The host track simulcast program shall include the
3signal of live racing of all organization licensees. All
4non-host licensees and advance deposit wagering licensees
5shall carry the signal of and accept wagers on live racing of
6all organization licensees. Advance deposit wagering licensees
7shall not be permitted to accept out-of-state wagers on any
8Illinois signal provided pursuant to this Section without the
9approval and consent of the organization licensee providing the
10signal. For one year after August 15, 2014 (the effective date
11of Public Act 98-968), non-host licensees may carry the host
12track simulcast program and shall accept wagers on all races
13included as part of the simulcast program of horse races
14conducted at race tracks located within North America upon
15which wagering is permitted. For a period of one year after
16August 15, 2014 (the effective date of Public Act 98-968), on
17horse races conducted at race tracks located outside of North
18America, non-host licensees may accept wagers on all races
19included as part of the simulcast program upon which wagering
20is permitted. Beginning August 15, 2015 (one year after the
21effective date of Public Act 98-968), non-host licensees may
22carry the host track simulcast program and shall accept wagers
23on all races included as part of the simulcast program upon
24which wagering is permitted. All organization licensees shall
25provide their live signal to all advance deposit wagering
26licensees for a simulcast commission fee not to exceed 6% of

 

 

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1the advance deposit wagering licensee's Illinois handle on the
2organization licensee's signal without prior approval by the
3Board. The Board may adopt rules under which it may permit
4simulcast commission fees in excess of 6%. The Board shall
5adopt rules limiting the interstate commission fees charged to
6an advance deposit wagering licensee. The Board shall adopt
7rules regarding advance deposit wagering on interstate
8simulcast races that shall reflect, among other things, the
9General Assembly's desire to maximize revenues to the State,
10horsemen purses, and organization licensees. However,
11organization licensees providing live signals pursuant to the
12requirements of this subsection (g) may petition the Board to
13withhold their live signals from an advance deposit wagering
14licensee if the organization licensee discovers and the Board
15finds reputable or credible information that the advance
16deposit wagering licensee is under investigation by another
17state or federal governmental agency, the advance deposit
18wagering licensee's license has been suspended in another
19state, or the advance deposit wagering licensee's license is in
20revocation proceedings in another state. The organization
21licensee's provision of their live signal to an advance deposit
22wagering licensee under this subsection (g) pertains to wagers
23placed from within Illinois. Advance deposit wagering
24licensees may place advance deposit wagering terminals at
25wagering facilities as a convenience to customers. The advance
26deposit wagering licensee shall not charge or collect any fee

 

 

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1from purses for the placement of the advance deposit wagering
2terminals. The costs and expenses of the host track and
3non-host licensees associated with interstate simulcast
4wagering, other than the interstate commission fee, shall be
5borne by the host track and all non-host licensees incurring
6these costs. The interstate commission fee shall not exceed 5%
7of Illinois handle on the interstate simulcast race or races
8without prior approval of the Board. The Board shall promulgate
9rules under which it may permit interstate commission fees in
10excess of 5%. The interstate commission fee and other fees
11charged by the sending racetrack, including, but not limited
12to, satellite decoder fees, shall be uniformly applied to the
13host track and all non-host licensees.
14    Notwithstanding any other provision of this Act, an
15organization licensee, with the consent of the horsemen
16association representing the largest number of owners,
17trainers, jockeys, or standardbred drivers who race horses at
18that organization licensee's racing meeting, may maintain a
19system whereby advance deposit wagering may take place or an
20organization licensee, with the consent of the horsemen
21association representing the largest number of owners,
22trainers, jockeys, or standardbred drivers who race horses at
23that organization licensee's racing meeting, may contract with
24another person to carry out a system of advance deposit
25wagering. Such consent may not be unreasonably withheld. Only
26with respect to an appeal to the Board that consent for an

 

 

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1organization licensee that maintains its own advance deposit
2wagering system is being unreasonably withheld, the Board shall
3issue a final order within 30 days after initiation of the
4appeal, and the organization licensee's advance deposit
5wagering system may remain operational during that 30-day
6period. The actions of any organization licensee who conducts
7advance deposit wagering or any person who has a contract with
8an organization licensee to conduct advance deposit wagering
9who conducts advance deposit wagering on or after January 1,
102013 and prior to June 7, 2013 (the effective date of Public
11Act 98-18) taken in reliance on the changes made to this
12subsection (g) by Public Act 98-18 are hereby validated,
13provided payment of all applicable pari-mutuel taxes are
14remitted to the Board. All advance deposit wagers placed from
15within Illinois must be placed through a Board-approved advance
16deposit wagering licensee; no other entity may accept an
17advance deposit wager from a person within Illinois. All
18advance deposit wagering is subject to any rules adopted by the
19Board. The Board may adopt rules necessary to regulate advance
20deposit wagering through the use of emergency rulemaking in
21accordance with Section 5-45 of the Illinois Administrative
22Procedure Act. The General Assembly finds that the adoption of
23rules to regulate advance deposit wagering is deemed an
24emergency and necessary for the public interest, safety, and
25welfare. An advance deposit wagering licensee may retain all
26moneys as agreed to by contract with an organization licensee.

 

 

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1Any moneys retained by the organization licensee from advance
2deposit wagering, not including moneys retained by the advance
3deposit wagering licensee, shall be paid 50% to the
4organization licensee's purse account and 50% to the
5organization licensee. With the exception of any organization
6licensee that is owned by a publicly traded company that is
7incorporated in a state other than Illinois and advance deposit
8wagering licensees under contract with such organization
9licensees, organization licensees that maintain advance
10deposit wagering systems and advance deposit wagering
11licensees that contract with organization licensees shall
12provide sufficiently detailed monthly accountings to the
13horsemen association representing the largest number of
14owners, trainers, jockeys, or standardbred drivers who race
15horses at that organization licensee's racing meeting so that
16the horsemen association, as an interested party, can confirm
17the accuracy of the amounts paid to the purse account at the
18horsemen association's affiliated organization licensee from
19advance deposit wagering. If more than one breed races at the
20same race track facility, then the 50% of the moneys to be paid
21to an organization licensee's purse account shall be allocated
22among all organization licensees' purse accounts operating at
23that race track facility proportionately based on the actual
24number of host days that the Board grants to that breed at that
25race track facility in the current calendar year. To the extent
26any fees from advance deposit wagering conducted in Illinois

 

 

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1for wagers in Illinois or other states have been placed in
2escrow or otherwise withheld from wagers pending a
3determination of the legality of advance deposit wagering, no
4action shall be brought to declare such wagers or the
5disbursement of any fees previously escrowed illegal.
6        (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
7    inter-track wagering licensee other than the host track may
8    supplement the host track simulcast program with
9    additional simulcast races or race programs, provided that
10    between January 1 and the third Friday in February of any
11    year, inclusive, if no live thoroughbred racing is
12    occurring in Illinois during this period, only
13    thoroughbred races may be used for supplemental interstate
14    simulcast purposes. The Board shall withhold approval for a
15    supplemental interstate simulcast only if it finds that the
16    simulcast is clearly adverse to the integrity of racing. A
17    supplemental interstate simulcast may be transmitted from
18    an inter-track wagering licensee to its affiliated
19    non-host licensees. The interstate commission fee for a
20    supplemental interstate simulcast shall be paid by the
21    non-host licensee and its affiliated non-host licensees
22    receiving the simulcast.
23        (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
24    inter-track wagering licensee other than the host track may
25    receive supplemental interstate simulcasts only with the
26    consent of the host track, except when the Board finds that

 

 

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1    the simulcast is clearly adverse to the integrity of
2    racing. Consent granted under this paragraph (2) to any
3    inter-track wagering licensee shall be deemed consent to
4    all non-host licensees. The interstate commission fee for
5    the supplemental interstate simulcast shall be paid by all
6    participating non-host licensees.
7        (3) Each licensee conducting interstate simulcast
8    wagering may retain, subject to the payment of all
9    applicable taxes and the purses, an amount not to exceed
10    17% of all money wagered. If any licensee conducts the
11    pari-mutuel system wagering on races conducted at
12    racetracks in another state or country, each such race or
13    race program shall be considered a separate racing day for
14    the purpose of determining the daily handle and computing
15    the privilege tax of that daily handle as provided in
16    subsection (a) of Section 27. Until January 1, 2000, from
17    the sums permitted to be retained pursuant to this
18    subsection, each inter-track wagering location licensee
19    shall pay 1% of the pari-mutuel handle wagered on simulcast
20    wagering to the Horse Racing Tax Allocation Fund, subject
21    to the provisions of subparagraph (B) of paragraph (11) of
22    subsection (h) of Section 26 of this Act.
23        (4) A licensee who receives an interstate simulcast may
24    combine its gross or net pools with pools at the sending
25    racetracks pursuant to rules established by the Board. All
26    licensees combining their gross pools at a sending

 

 

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1    racetrack shall adopt the takeout percentages of the
2    sending racetrack. A licensee may also establish a separate
3    pool and takeout structure for wagering purposes on races
4    conducted at race tracks outside of the State of Illinois.
5    The licensee may permit pari-mutuel wagers placed in other
6    states or countries to be combined with its gross or net
7    wagering pools or other wagering pools.
8        (5) After the payment of the interstate commission fee
9    (except for the interstate commission fee on a supplemental
10    interstate simulcast, which shall be paid by the host track
11    and by each non-host licensee through the host track) and
12    all applicable State and local taxes, except as provided in
13    subsection (g) of Section 27 of this Act, the remainder of
14    moneys retained from simulcast wagering pursuant to this
15    subsection (g), and Section 26.2 shall be divided as
16    follows:
17            (A) For interstate simulcast wagers made at a host
18        track, 50% to the host track and 50% to purses at the
19        host track.
20            (B) For wagers placed on interstate simulcast
21        races, supplemental simulcasts as defined in
22        subparagraphs (1) and (2), and separately pooled races
23        conducted outside of the State of Illinois made at a
24        non-host licensee, 25% to the host track, 25% to the
25        non-host licensee, and 50% to the purses at the host
26        track.

 

 

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1        (6) Notwithstanding any provision in this Act to the
2    contrary, non-host licensees who derive their licenses
3    from a track located in a county with a population in
4    excess of 230,000 and that borders the Mississippi River
5    may receive supplemental interstate simulcast races at all
6    times subject to Board approval, which shall be withheld
7    only upon a finding that a supplemental interstate
8    simulcast is clearly adverse to the integrity of racing.
9        (7) Effective January 1, 2017, notwithstanding any
10    provision of this Act to the contrary, after payment of all
11    applicable State and local taxes and interstate commission
12    fees, non-host licensees who derive their licenses from a
13    track located in a county with a population in excess of
14    230,000 and that borders the Mississippi River shall retain
15    50% of the retention from interstate simulcast wagers and
16    shall pay 50% to purses at the track from which the
17    non-host licensee derives its license.
18        (7.1) Notwithstanding any other provision of this Act
19    to the contrary, if no standardbred racing is conducted at
20    a racetrack located in Madison County during any calendar
21    year beginning on or after January 1, 2002, all moneys
22    derived by that racetrack from simulcast wagering and
23    inter-track wagering that (1) are to be used for purses and
24    (2) are generated between the hours of 6:30 p.m. and 6:30
25    a.m. during that calendar year shall be paid as follows:
26            (A) If the licensee that conducts horse racing at

 

 

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1        that racetrack requests from the Board at least as many
2        racing dates as were conducted in calendar year 2000,
3        80% shall be paid to its thoroughbred purse account;
4        and
5            (B) Twenty percent shall be deposited into the
6        Illinois Colt Stakes Purse Distribution Fund and shall
7        be paid to purses for standardbred races for Illinois
8        conceived and foaled horses conducted at any county
9        fairgrounds. The moneys deposited into the Fund
10        pursuant to this subparagraph (B) shall be deposited
11        within 2 weeks after the day they were generated, shall
12        be in addition to and not in lieu of any other moneys
13        paid to standardbred purses under this Act, and shall
14        not be commingled with other moneys paid into that
15        Fund. The moneys deposited pursuant to this
16        subparagraph (B) shall be allocated as provided by the
17        Department of Agriculture, with the advice and
18        assistance of the Illinois Standardbred Breeders Fund
19        Advisory Board.
20        (7.2) Notwithstanding any other provision of this Act
21    to the contrary, if no thoroughbred racing is conducted at
22    a racetrack located in Madison County during any calendar
23    year beginning on or after January 1, 2002, all moneys
24    derived by that racetrack from simulcast wagering and
25    inter-track wagering that (1) are to be used for purses and
26    (2) are generated between the hours of 6:30 a.m. and 6:30

 

 

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1    p.m. during that calendar year shall be deposited as
2    follows:
3            (A) If the licensee that conducts horse racing at
4        that racetrack requests from the Board at least as many
5        racing dates as were conducted in calendar year 2000,
6        80% shall be deposited into its standardbred purse
7        account; and
8            (B) Twenty percent shall be deposited into the
9        Illinois Colt Stakes Purse Distribution Fund. Moneys
10        deposited into the Illinois Colt Stakes Purse
11        Distribution Fund pursuant to this subparagraph (B)
12        shall be paid to Illinois conceived and foaled
13        thoroughbred breeders' programs and to thoroughbred
14        purses for races conducted at any county fairgrounds
15        for Illinois conceived and foaled horses at the
16        discretion of the Department of Agriculture, with the
17        advice and assistance of the Illinois Thoroughbred
18        Breeders Fund Advisory Board. The moneys deposited
19        into the Illinois Colt Stakes Purse Distribution Fund
20        pursuant to this subparagraph (B) shall be deposited
21        within 2 weeks after the day they were generated, shall
22        be in addition to and not in lieu of any other moneys
23        paid to thoroughbred purses under this Act, and shall
24        not be commingled with other moneys deposited into that
25        Fund.
26        (7.3) (Blank).

 

 

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1        (7.4) (Blank).
2        (8) Notwithstanding any provision in this Act to the
3    contrary, an organization licensee from a track located in
4    a county with a population in excess of 230,000 and that
5    borders the Mississippi River and its affiliated non-host
6    licensees shall not be entitled to share in any retention
7    generated on racing, inter-track wagering, or simulcast
8    wagering at any other Illinois wagering facility.
9        (8.1) Notwithstanding any provisions in this Act to the
10    contrary, if 2 organization licensees are conducting
11    standardbred race meetings concurrently between the hours
12    of 6:30 p.m. and 6:30 a.m., after payment of all applicable
13    State and local taxes and interstate commission fees, the
14    remainder of the amount retained from simulcast wagering
15    otherwise attributable to the host track and to host track
16    purses shall be split daily between the 2 organization
17    licensees and the purses at the tracks of the 2
18    organization licensees, respectively, based on each
19    organization licensee's share of the total live handle for
20    that day, provided that this provision shall not apply to
21    any non-host licensee that derives its license from a track
22    located in a county with a population in excess of 230,000
23    and that borders the Mississippi River.
24        (9) (Blank).
25        (10) (Blank).
26        (11) (Blank).

 

 

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

 

 

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

 

 

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1    eligible to receive payment under this paragraph (13)
2    begins to receive funds from gaming pursuant to an
3    organization gaming license issued under the Illinois
4    Gambling Act, the amount of the payment due to all wagering
5    facilities licensed under that organization licensee under
6    this paragraph (13) shall be the amount certified by the
7    Board in January of that year. An organization licensee and
8    its related wagering facilities shall no longer be able to
9    receive payments under this paragraph (13) beginning in the
10    year subsequent to the first year in which the organization
11    licensee begins to receive funds from gaming pursuant to an
12    organization gaming license issued under the Illinois
13    Gambling Act.
14    (h) The Board may approve and license the conduct of
15inter-track wagering and simulcast wagering by inter-track
16wagering licensees and inter-track wagering location licensees
17subject to the following terms and conditions:
18        (1) Any person licensed to conduct a race meeting (i)
19    at a track where 60 or more days of racing were conducted
20    during the immediately preceding calendar year or where
21    over the 5 immediately preceding calendar years an average
22    of 30 or more days of racing were conducted annually may be
23    issued an inter-track wagering license; (ii) at a track
24    located in a county that is bounded by the Mississippi
25    River, which has a population of less than 150,000
26    according to the 1990 decennial census, and an average of

 

 

HB5649- 20 -LRB101 20743 SMS 70428 b

1    at least 60 days of racing per year between 1985 and 1993
2    may be issued an inter-track wagering license; (iii) at a
3    track awarded standardbred racing dates; or (iv) at a track
4    located in Madison County that conducted at least 100 days
5    of live racing during the immediately preceding calendar
6    year may be issued an inter-track wagering license, unless
7    a lesser schedule of live racing is the result of (A)
8    weather, unsafe track conditions, or other acts of God; (B)
9    an agreement between the organization licensee and the
10    associations representing the largest number of owners,
11    trainers, jockeys, or standardbred drivers who race horses
12    at that organization licensee's racing meeting; or (C) a
13    finding by the Board of extraordinary circumstances and
14    that it was in the best interest of the public and the
15    sport to conduct fewer than 100 days of live racing. Any
16    such person having operating control of the racing facility
17    may receive inter-track wagering location licenses. An
18    eligible race track located in a county that has a
19    population of more than 230,000 and that is bounded by the
20    Mississippi River may establish up to 9 inter-track
21    wagering locations, an eligible race track located in
22    Stickney Township in Cook County may establish up to 16
23    inter-track wagering locations, and an eligible race track
24    located in Palatine Township in Cook County may establish
25    up to 18 inter-track wagering locations. An eligible
26    racetrack conducting standardbred racing may have up to 16

 

 

HB5649- 21 -LRB101 20743 SMS 70428 b

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

 

 

HB5649- 22 -LRB101 20743 SMS 70428 b

1    Illinois in the sum of $50,000, executed by the applicant
2    and a surety company or companies authorized to do business
3    in this State, and conditioned upon (i) the payment by the
4    licensee of all taxes due under Section 27 or 27.1 and any
5    other monies due and payable under this Act, and (ii)
6    distribution by the licensee, upon presentation of the
7    winning ticket or tickets, of all sums payable to the
8    patrons of pari-mutuel pools.
9        (5) Each license to conduct inter-track wagering and
10    simulcast wagering shall specify the person to whom it is
11    issued, the dates on which such wagering is permitted, and
12    the track or location where the wagering is to be
13    conducted.
14        (6) All wagering under such license is subject to this
15    Act and to the rules and regulations from time to time
16    prescribed by the Board, and every such license issued by
17    the Board shall contain a recital to that effect.
18        (7) An inter-track wagering licensee or inter-track
19    wagering location licensee may accept wagers at the track
20    or location where it is licensed, or as otherwise provided
21    under this Act.
22        (8) Inter-track wagering or simulcast wagering shall
23    not be conducted at any track less than 4 miles from a
24    track at which a racing meeting is in progress.
25        (8.1) Inter-track wagering location licensees who
26    derive their licenses from a particular organization

 

 

HB5649- 23 -LRB101 20743 SMS 70428 b

1    licensee shall conduct inter-track wagering and simulcast
2    wagering only at locations that are within 160 miles of
3    that race track where the particular organization licensee
4    is licensed to conduct racing. However, inter-track
5    wagering and simulcast wagering shall not be conducted by
6    those licensees at any location within 5 miles of any race
7    track at which a horse race meeting has been licensed in
8    the current year, unless the person having operating
9    control of such race track has given its written consent to
10    such inter-track wagering location licensees, which
11    consent must be filed with the Board at or prior to the
12    time application is made. In the case of any inter-track
13    wagering location licensee initially licensed after
14    December 31, 2013, inter-track wagering and simulcast
15    wagering shall not be conducted by those inter-track
16    wagering location licensees that are located outside the
17    City of Chicago at any location within 8 miles of any race
18    track at which a horse race meeting has been licensed in
19    the current year, unless the person having operating
20    control of such race track has given its written consent to
21    such inter-track wagering location licensees, which
22    consent must be filed with the Board at or prior to the
23    time application is made.
24        (8.2) Inter-track wagering or simulcast wagering shall
25    not be conducted by an inter-track wagering location
26    licensee at any location within 100 feet of an existing

 

 

HB5649- 24 -LRB101 20743 SMS 70428 b

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

 

 

HB5649- 25 -LRB101 20743 SMS 70428 b

1    wagering location licensee for the site in question.
2        (9) (Blank).
3        (10) An inter-track wagering licensee or an
4    inter-track wagering location licensee may retain, subject
5    to the payment of the privilege taxes and the purses, an
6    amount not to exceed 17% of all money wagered. Each program
7    of racing conducted by each inter-track wagering licensee
8    or inter-track wagering location licensee shall be
9    considered a separate racing day for the purpose of
10    determining the daily handle and computing the privilege
11    tax or pari-mutuel tax on such daily handle as provided in
12    Section 27.
13        (10.1) Except as provided in subsection (g) of Section
14    27 of this Act, inter-track wagering location licensees
15    shall pay 1% of the pari-mutuel handle at each location to
16    the municipality in which such location is situated and 1%
17    of the pari-mutuel handle at each location to the county in
18    which such location is situated. In the event that an
19    inter-track wagering location licensee is situated in an
20    unincorporated area of a county, such licensee shall pay 2%
21    of the pari-mutuel handle from such location to such
22    county. Inter-track wagering location licensees must pay
23    the handle percentage required under this paragraph to the
24    municipality and county no later than the 20th of the month
25    following the month such handle was generated.
26        (10.2) Notwithstanding any other provision of this

 

 

HB5649- 26 -LRB101 20743 SMS 70428 b

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

 

 

HB5649- 27 -LRB101 20743 SMS 70428 b

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

 

 

HB5649- 28 -LRB101 20743 SMS 70428 b

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

 

 

HB5649- 29 -LRB101 20743 SMS 70428 b

1    that the shares of those amounts, which are to be
2    redistributed to the host track or to purses at the host
3    track under subparagraph (B) of paragraph (5) of subsection
4    (g) of this Section 26 shall be redistributed based on each
5    host track's pro rata share of the total inter-track
6    wagering and simulcast wagering handle at all host tracks
7    during the calendar year in question, and second, that any
8    amounts redistributed as described in part (I) to an
9    inter-track wagering location licensee that accepts wagers
10    on races conducted by an organization licensee that
11    conducts a race meet in a county with a population in
12    excess of 230,000 and that borders the Mississippi River
13    shall be further redistributed, effective January 1, 2017,
14    as provided in paragraph (7) of subsection (g) of this
15    Section 26, with the portion of that further redistribution
16    allocated to purses at that organization licensee to be
17    divided between standardbred purses and thoroughbred
18    purses based on the amounts otherwise allocated to purses
19    at that organization licensee during the calendar year in
20    question; and (iv) 8% of the pari-mutuel handle on
21    inter-track wagering wagered at such location to satisfy
22    all costs and expenses of conducting its wagering. The
23    remainder of the monies retained by the inter-track
24    wagering location licensee shall be allocated 40% to the
25    location licensee and 60% to the organization licensee
26    which provides the Illinois races to the location, except

 

 

HB5649- 30 -LRB101 20743 SMS 70428 b

1    that an inter-track wagering location licensee that
2    derives its license from a track located in a county with a
3    population in excess of 230,000 and that borders the
4    Mississippi River shall not divide any remaining retention
5    with the organization licensee that provides the race or
6    races and an inter-track wagering location licensee that
7    accepts wagers on races conducted by an organization
8    licensee that conducts a race meet in a county with a
9    population in excess of 230,000 and that borders the
10    Mississippi River shall not divide any remaining retention
11    with the organization licensee. Notwithstanding the
12    provisions of clauses (ii) and (iv) of this paragraph, in
13    the case of the additional inter-track wagering location
14    licenses authorized under paragraph (1) of this subsection
15    (h) by Public Act 87-110, those licensees shall pay the
16    following amounts as purses: during the first 12 months the
17    licensee is in operation, 5.25% of the pari-mutuel handle
18    wagered at the location on races; during the second 12
19    months, 5.25%; during the third 12 months, 5.75%; during
20    the fourth 12 months, 6.25%; and during the fifth 12 months
21    and thereafter, 6.75%. The following amounts shall be
22    retained by the licensee to satisfy all costs and expenses
23    of conducting its wagering: during the first 12 months the
24    licensee is in operation, 8.25% of the pari-mutuel handle
25    wagered at the location; during the second 12 months,
26    8.25%; during the third 12 months, 7.75%; during the fourth

 

 

HB5649- 31 -LRB101 20743 SMS 70428 b

1    12 months, 7.25%; and during the fifth 12 months and
2    thereafter, 6.75%. For additional inter-track wagering
3    location licensees authorized under Public Act 89-16,
4    purses for the first 12 months the licensee is in operation
5    shall be 5.75% of the pari-mutuel wagered at the location,
6    purses for the second 12 months the licensee is in
7    operation shall be 6.25%, and purses thereafter shall be
8    6.75%. For additional inter-track location licensees
9    authorized under Public Act 89-16, the licensee shall be
10    allowed to retain to satisfy all costs and expenses: 7.75%
11    of the pari-mutuel handle wagered at the location during
12    its first 12 months of operation, 7.25% during its second
13    12 months of operation, and 6.75% thereafter.
14        (C) There is hereby created the Horse Racing Tax
15    Allocation Fund which shall remain in existence until
16    December 31, 1999. Moneys remaining in the Fund after
17    December 31, 1999 shall be paid into the General Revenue
18    Fund. Until January 1, 2000, all monies paid into the Horse
19    Racing Tax Allocation Fund pursuant to this paragraph (11)
20    by inter-track wagering location licensees located in park
21    districts of 500,000 population or less, or in a
22    municipality that is not included within any park district
23    but is included within a conservation district and is the
24    county seat of a county that (i) is contiguous to the state
25    of Indiana and (ii) has a 1990 population of 88,257
26    according to the United States Bureau of the Census, and

 

 

HB5649- 32 -LRB101 20743 SMS 70428 b

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

 

 

HB5649- 33 -LRB101 20743 SMS 70428 b

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

 

 

HB5649- 34 -LRB101 20743 SMS 70428 b

1        be allocated equally between the county and the
2        municipality in which the inter-track wagering
3        location licensee is located for general purposes) or
4        to a municipal recreation board for park purposes (if
5        an inter-track wagering location licensee is located
6        in a municipality that is not included within any park
7        district and park maintenance is the function of the
8        municipal recreation board and the municipality has a
9        1990 population of 9,302 according to the United States
10        Bureau of the Census); provided that the monies are
11        distributed to each park district or conservation
12        district or municipality that does not have a park
13        district in an amount equal to four-sevenths of the
14        amount collected by each inter-track wagering location
15        licensee within the park district or conservation
16        district or municipality for the Fund. Monies that were
17        paid into the Horse Racing Tax Allocation Fund before
18        August 9, 1991 (the effective date of Public Act
19        87-110) by an inter-track wagering location licensee
20        located in a municipality that is not included within
21        any park district but is included within a conservation
22        district as provided in this paragraph shall, as soon
23        as practicable after August 9, 1991 (the effective date
24        of Public Act 87-110), be allocated and paid to that
25        conservation district as provided in this paragraph.
26        Any park district or municipality not maintaining a

 

 

HB5649- 35 -LRB101 20743 SMS 70428 b

1        museum may deposit the monies in the corporate fund of
2        the park district or municipality where the
3        inter-track wagering location is located, to be used
4        for general purposes; and
5            One-seventh to the Agricultural Premium Fund to be
6        used for distribution to agricultural home economics
7        extension councils in accordance with "An Act in
8        relation to additional support and finances for the
9        Agricultural and Home Economic Extension Councils in
10        the several counties of this State and making an
11        appropriation therefor", approved July 24, 1967.
12        Until January 1, 2000, all other monies paid into the
13    Horse Racing Tax Allocation Fund pursuant to this paragraph
14    (11) shall be allocated by 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

 

 

HB5649- 36 -LRB101 20743 SMS 70428 b

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 museums and aquariums located in

 

 

HB5649- 37 -LRB101 20743 SMS 70428 b

1        park districts of over 500,000 population; provided
2        that the monies are distributed in accordance with the
3        previous year's distribution of the maintenance tax
4        for such museums and aquariums as provided in Section 2
5        of the Park District Aquarium and Museum Act; 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. This
13        subparagraph (C) shall be inoperative and of no force
14        and effect on and after January 1, 2000.
15            (D) Except as provided in paragraph (11) of this
16        subsection (h), with respect to purse allocation from
17        inter-track wagering, the monies so retained shall be
18        divided as follows:
19                (i) If the inter-track wagering licensee,
20            except an inter-track wagering licensee that
21            derives its license from an organization licensee
22            located in a county with a population in excess of
23            230,000 and bounded by the Mississippi River, is
24            not conducting its own race meeting during the same
25            dates, then the entire purse allocation shall be to
26            purses at the track where the races wagered on are

 

 

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

 

 

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

 

 

HB5649- 40 -LRB101 20743 SMS 70428 b

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

 

 

HB5649- 41 -LRB101 20743 SMS 70428 b

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

 

 

HB5649- 42 -LRB101 20743 SMS 70428 b

1    licensee shall retain its status in relation to purse
2    distribution under paragraph (11) of this subsection (h)
3    following the transfer to the new entity. The pari-mutuel
4    tax credit under Section 32.1 shall not be applied toward
5    any pari-mutuel tax obligation of the inter-track wagering
6    location licensee of the license that is transferred under
7    this paragraph (14).
8    (i) Notwithstanding the other provisions of this Act, the
9conduct of wagering at wagering facilities is authorized on all
10days, except as limited by subsection (b) of Section 19 of this
11Act.
12(Source: P.A. 100-201, eff. 8-18-17; 100-627, eff. 7-20-18;
13100-1152, eff. 12-14-18; 101-31, eff. 6-28-19; 101-52, eff.
147-12-19; 101-81, eff. 7-12-19; 101-109, eff. 7-19-19; revised
159-27-19.)