Illinois General Assembly - Full Text of SB3318
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Full Text of SB3318  98th General Assembly

SB3318enr 98TH GENERAL ASSEMBLY

  
  
  

 


 
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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 pari-mutuel
9system of wagering, as defined in Section 3.12 of this Act, on
10horse races conducted by an Illinois organization licensee or
11conducted at a racetrack located in another state or country
12and televised in Illinois in accordance with subsection (g) of
13Section 26 of this Act. Subject to the prior consent of the
14Board, licensees may supplement any pari-mutuel pool in order
15to guarantee a minimum distribution. Such pari-mutuel method of
16wagering shall not, under any circumstances if conducted under
17the provisions of this Act, be held or construed to be
18unlawful, other statutes of this State to the contrary
19notwithstanding. Subject to rules for advance wagering
20promulgated by the Board, any licensee may accept wagers in
21advance of the day of the race wagered upon occurs.
22    (b) No other method of betting, pool making, wagering or
23gambling shall be used or permitted by the licensee. Each

 

 

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

 

 

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

 

 

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

 

 

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1of racing. The host track simulcast program shall include the
2signal of live racing of all organization licensees. All
3non-host licensees and advance deposit wagering licensees
4shall carry the signal of and accept wagers on live racing of
5all organization licensees. Advance deposit wagering licensees
6shall not be permitted to accept out-of-state wagers on any
7Illinois signal provided pursuant to this Section without the
8approval and consent of the organization licensee providing the
9signal. For one year after the effective date of this
10amendatory Act of the 98th General Assembly, non-host Non-host
11licensees may carry the host track simulcast program and shall
12accept wagers on all races included as part of the simulcast
13program of horse races conducted at race tracks located within
14North America upon which wagering is permitted. For a period of
15one year after the effective date of this amendatory Act of the
1698th General Assembly, on horse races conducted at race tracks
17located outside of North America, non-host licensees may accept
18wagers on all races included as part of the simulcast program
19upon which wagering is permitted. Beginning one year after the
20effective date of this amendatory Act of the 98th General
21Assembly, non-host licensees may carry the host track simulcast
22program and shall accept wagers on all races included as part
23of the simulcast program upon which wagering is permitted. All
24organization licensees shall provide their live signal to all
25advance deposit wagering licensees for a simulcast commission
26fee not to exceed 6% of the advance deposit wagering licensee's

 

 

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

 

 

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1advance deposit wagering terminals. The costs and expenses of
2the host track and non-host licensees associated with
3interstate simulcast wagering, other than the interstate
4commission fee, shall be borne by the host track and all
5non-host licensees incurring these costs. The interstate
6commission fee shall not exceed 5% of Illinois handle on the
7interstate simulcast race or races without prior approval of
8the Board. The Board shall promulgate rules under which it may
9permit interstate commission fees in excess of 5%. The
10interstate commission fee and other fees charged by the sending
11racetrack, including, but not limited to, satellite decoder
12fees, shall be uniformly applied to the host track and all
13non-host licensees.
14    Notwithstanding any other provision of this Act, until
15February 1, 2017, an organization licensee, with the consent of
16the horsemen association representing the largest number of
17owners, trainers, jockeys, or standardbred drivers who race
18horses at that organization licensee's racing meeting, may
19maintain a system whereby advance deposit wagering may take
20place or an organization licensee, with the consent of the
21horsemen association representing the largest number of
22owners, trainers, jockeys, or standardbred drivers who race
23horses at that organization licensee's racing meeting, may
24contract with another person to carry out a system of advance
25deposit wagering. Such consent may not be unreasonably
26withheld. Only with respect to an appeal to the Board that

 

 

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1consent for an organization licensee that maintains its own
2advance deposit wagering system is being unreasonably
3withheld, the Board shall issue a final order within 30 days
4after initiation of the appeal, and the organization licensee's
5advance deposit wagering system may remain operational during
6that 30-day period. The actions of any organization licensee
7who conducts advance deposit wagering or any person who has a
8contract with an organization licensee to conduct advance
9deposit wagering who conducts advance deposit wagering on or
10after January 1, 2013 and prior to the effective date of this
11amendatory Act of the 98th General Assembly taken in reliance
12on the changes made to this subsection (g) by this amendatory
13Act of the 98th General Assembly are hereby validated, provided
14payment of all applicable pari-mutuel taxes are remitted to the
15Board. All advance deposit wagers placed from within Illinois
16must be placed through a Board-approved advance deposit
17wagering licensee; no other entity may accept an advance
18deposit wager from a person within Illinois. All advance
19deposit wagering is subject to any rules adopted by the Board.
20The Board may adopt rules necessary to regulate advance deposit
21wagering through the use of emergency rulemaking in accordance
22with Section 5-45 of the Illinois Administrative Procedure Act.
23The General Assembly finds that the adoption of rules to
24regulate advance deposit wagering is deemed an emergency and
25necessary for the public interest, safety, and welfare. An
26advance deposit wagering licensee may retain all moneys as

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        track.
2        (6) Notwithstanding any provision in this Act to the
3    contrary, non-host licensees who derive their licenses
4    from a track located in a county with a population in
5    excess of 230,000 and that borders the Mississippi River
6    may receive supplemental interstate simulcast races at all
7    times subject to Board approval, which shall be withheld
8    only upon a finding that a supplemental interstate
9    simulcast is clearly adverse to the integrity of racing.
10        (7) Notwithstanding any provision of this Act to the
11    contrary, after payment of all applicable State and local
12    taxes and interstate commission fees, non-host licensees
13    who derive their licenses from a track located in a county
14    with a population in excess of 230,000 and that borders the
15    Mississippi River shall retain 50% of the retention from
16    interstate simulcast wagers and shall pay 50% to purses at
17    the track from which the non-host licensee derives its
18    license as follows:
19            (A) Between January 1 and the third Friday in
20        February, inclusive, if no live thoroughbred racing is
21        occurring in Illinois during this period, when the
22        interstate simulcast is a standardbred race, the purse
23        share to its standardbred purse account;
24            (B) Between January 1 and the third Friday in
25        February, inclusive, if no live thoroughbred racing is
26        occurring in Illinois during this period, and the

 

 

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1        interstate simulcast is a thoroughbred race, the purse
2        share to its interstate simulcast purse pool to be
3        distributed under paragraph (10) of this subsection
4        (g);
5            (C) Between January 1 and the third Friday in
6        February, inclusive, if live thoroughbred racing is
7        occurring in Illinois, between 6:30 a.m. and 6:30 p.m.
8        the purse share from wagers made during this time
9        period to its thoroughbred purse account and between
10        6:30 p.m. and 6:30 a.m. the purse share from wagers
11        made during this time period to its standardbred purse
12        accounts;
13            (D) Between the third Saturday in February and
14        December 31, when the interstate simulcast occurs
15        between the hours of 6:30 a.m. and 6:30 p.m., the purse
16        share to its thoroughbred purse account;
17            (E) Between the third Saturday in February and
18        December 31, when the interstate simulcast occurs
19        between the hours of 6:30 p.m. and 6:30 a.m., the purse
20        share to its standardbred purse account.
21        (7.1) Notwithstanding any other provision of this Act
22    to the contrary, if no standardbred racing is conducted at
23    a racetrack located in Madison County during any calendar
24    year beginning on or after January 1, 2002, all moneys
25    derived by that racetrack from simulcast wagering and
26    inter-track wagering that (1) are to be used for purses and

 

 

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

 

 

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1    derived by that racetrack from simulcast wagering and
2    inter-track wagering that (1) are to be used for purses and
3    (2) are generated between the hours of 6:30 a.m. and 6:30
4    p.m. during that calendar year shall be deposited as
5    follows:
6            (A) If the licensee that conducts horse racing at
7        that racetrack requests from the Board at least as many
8        racing dates as were conducted in calendar year 2000,
9        80% shall be deposited into its standardbred purse
10        account; and
11            (B) Twenty percent shall be deposited into the
12        Illinois Colt Stakes Purse Distribution Fund. Moneys
13        deposited into the Illinois Colt Stakes Purse
14        Distribution Fund pursuant to this subparagraph (B)
15        shall be paid to Illinois conceived and foaled
16        thoroughbred breeders' programs and to thoroughbred
17        purses for races conducted at any county fairgrounds
18        for Illinois conceived and foaled horses at the
19        discretion of the Department of Agriculture, with the
20        advice and assistance of the Illinois Thoroughbred
21        Breeders Fund Advisory Board. The moneys deposited
22        into the Illinois Colt Stakes Purse Distribution Fund
23        pursuant to this subparagraph (B) shall be deposited
24        within 2 weeks after the day they were generated, shall
25        be in addition to and not in lieu of any other moneys
26        paid to thoroughbred purses under this Act, and shall

 

 

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1        not be commingled with other moneys deposited into that
2        Fund.
3        (7.3) If no live standardbred racing is conducted at a
4    racetrack located in Madison County in calendar year 2000
5    or 2001, an organization licensee who is licensed to
6    conduct horse racing at that racetrack shall, before
7    January 1, 2002, pay all moneys derived from simulcast
8    wagering and inter-track wagering in calendar years 2000
9    and 2001 and paid into the licensee's standardbred purse
10    account as follows:
11            (A) Eighty percent to that licensee's thoroughbred
12        purse account to be used for thoroughbred purses; and
13            (B) Twenty percent to the Illinois Colt Stakes
14        Purse Distribution Fund.
15        Failure to make the payment to the Illinois Colt Stakes
16    Purse Distribution Fund before January 1, 2002 shall result
17    in the immediate revocation of the licensee's organization
18    license, inter-track wagering license, and inter-track
19    wagering location license.
20        Moneys paid into the Illinois Colt Stakes Purse
21    Distribution Fund pursuant to this paragraph (7.3) shall be
22    paid to purses for standardbred races for Illinois
23    conceived and foaled horses conducted at any county
24    fairgrounds. Moneys paid into the Illinois Colt Stakes
25    Purse Distribution Fund pursuant to this paragraph (7.3)
26    shall be used as determined by the Department of

 

 

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1    Agriculture, with the advice and assistance of the Illinois
2    Standardbred Breeders Fund Advisory Board, shall be in
3    addition to and not in lieu of any other moneys paid to
4    standardbred purses under this Act, and shall not be
5    commingled with any other moneys paid into that Fund.
6        (7.4) If live standardbred racing is conducted at a
7    racetrack located in Madison County at any time in calendar
8    year 2001 before the payment required under paragraph (7.3)
9    has been made, the organization licensee who is licensed to
10    conduct racing at that racetrack shall pay all moneys
11    derived by that racetrack from simulcast wagering and
12    inter-track wagering during calendar years 2000 and 2001
13    that (1) are to be used for purses and (2) are generated
14    between the hours of 6:30 p.m. and 6:30 a.m. during 2000 or
15    2001 to the standardbred purse account at that racetrack to
16    be used for standardbred purses.
17        (8) Notwithstanding any provision in this Act to the
18    contrary, an organization licensee from a track located in
19    a county with a population in excess of 230,000 and that
20    borders the Mississippi River and its affiliated non-host
21    licensees shall not be entitled to share in any retention
22    generated on racing, inter-track wagering, or simulcast
23    wagering at any other Illinois wagering facility.
24        (8.1) Notwithstanding any provisions in this Act to the
25    contrary, if 2 organization licensees are conducting
26    standardbred race meetings concurrently between the hours

 

 

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1    of 6:30 p.m. and 6:30 a.m., after payment of all applicable
2    State and local taxes and interstate commission fees, the
3    remainder of the amount retained from simulcast wagering
4    otherwise attributable to the host track and to host track
5    purses shall be split daily between the 2 organization
6    licensees and the purses at the tracks of the 2
7    organization licensees, respectively, based on each
8    organization licensee's share of the total live handle for
9    that day, provided that this provision shall not apply to
10    any non-host licensee that derives its license from a track
11    located in a county with a population in excess of 230,000
12    and that borders the Mississippi River.
13        (9) (Blank).
14        (10) (Blank).
15        (11) (Blank).
16        (12) The Board shall have authority to compel all host
17    tracks to receive the simulcast of any or all races
18    conducted at the Springfield or DuQuoin State fairgrounds
19    and include all such races as part of their simulcast
20    programs.
21        (13) Notwithstanding any other provision of this Act,
22    in the event that the total Illinois pari-mutuel handle on
23    Illinois horse races at all wagering facilities in any
24    calendar year is less than 75% of the total Illinois
25    pari-mutuel handle on Illinois horse races at all such
26    wagering facilities for calendar year 1994, then each

 

 

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1    wagering facility that has an annual total Illinois
2    pari-mutuel handle on Illinois horse races that is less
3    than 75% of the total Illinois pari-mutuel handle on
4    Illinois horse races at such wagering facility for calendar
5    year 1994, shall be permitted to receive, from any amount
6    otherwise payable to the purse account at the race track
7    with which the wagering facility is affiliated in the
8    succeeding calendar year, an amount equal to 2% of the
9    differential in total Illinois pari-mutuel handle on
10    Illinois horse races at the wagering facility between that
11    calendar year in question and 1994 provided, however, that
12    a wagering facility shall not be entitled to any such
13    payment until the Board certifies in writing to the
14    wagering facility the amount to which the wagering facility
15    is entitled and a schedule for payment of the amount to the
16    wagering facility, based on: (i) the racing dates awarded
17    to the race track affiliated with the wagering facility
18    during the succeeding year; (ii) the sums available or
19    anticipated to be available in the purse account of the
20    race track affiliated with the wagering facility for purses
21    during the succeeding year; and (iii) the need to ensure
22    reasonable purse levels during the payment period. The
23    Board's certification shall be provided no later than
24    January 31 of the succeeding year. In the event a wagering
25    facility entitled to a payment under this paragraph (13) is
26    affiliated with a race track that maintains purse accounts

 

 

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1    for both standardbred and thoroughbred racing, the amount
2    to be paid to the wagering facility shall be divided
3    between each purse account pro rata, based on the amount of
4    Illinois handle on Illinois standardbred and thoroughbred
5    racing respectively at the wagering facility during the
6    previous calendar year. Annually, the General Assembly
7    shall appropriate sufficient funds from the General
8    Revenue Fund to the Department of Agriculture for payment
9    into the thoroughbred and standardbred horse racing purse
10    accounts at Illinois pari-mutuel tracks. The amount paid to
11    each purse account shall be the amount certified by the
12    Illinois Racing Board in January to be transferred from
13    each account to each eligible racing facility in accordance
14    with the provisions of this Section.
15    (h) The Board may approve and license the conduct of
16inter-track wagering and simulcast wagering by inter-track
17wagering licensees and inter-track wagering location licensees
18subject to the following terms and conditions:
19        (1) Any person licensed to conduct a race meeting (i)
20    at a track where 60 or more days of racing were conducted
21    during the immediately preceding calendar year or where
22    over the 5 immediately preceding calendar years an average
23    of 30 or more days of racing were conducted annually may be
24    issued an inter-track wagering license; (ii) at a track
25    located in a county that is bounded by the Mississippi
26    River, which has a population of less than 150,000

 

 

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1    according to the 1990 decennial census, and an average of
2    at least 60 days of racing per year between 1985 and 1993
3    may be issued an inter-track wagering license; or (iii) at
4    a track located in Madison County that conducted at least
5    100 days of live racing during the immediately preceding
6    calendar year may be issued an inter-track wagering
7    license, unless a lesser schedule of live racing is the
8    result of (A) weather, unsafe track conditions, or other
9    acts of God; (B) an agreement between the organization
10    licensee and the associations representing the largest
11    number of owners, trainers, jockeys, or standardbred
12    drivers who race horses at that organization licensee's
13    racing meeting; or (C) a finding by the Board of
14    extraordinary circumstances and that it was in the best
15    interest of the public and the sport to conduct fewer than
16    100 days of live racing. Any such person having operating
17    control of the racing facility may also receive up to 6
18    inter-track wagering location licenses. In no event shall
19    more than 6 inter-track wagering locations be established
20    for each eligible race track, except that an eligible race
21    track located in a county that has a population of more
22    than 230,000 and that is bounded by the Mississippi River
23    may establish up to 7 inter-track wagering locations and an
24    eligible race track located in Cook County may establish up
25    to 8 inter-track wagering locations. An application for
26    said license shall be filed with the Board prior to such

 

 

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1    dates as may be fixed by the Board. With an application for
2    an inter-track wagering location license there shall be
3    delivered to the Board a certified check or bank draft
4    payable to the order of the Board for an amount equal to
5    $500. The application shall be on forms prescribed and
6    furnished by the Board. The application shall comply with
7    all other rules, regulations and conditions imposed by the
8    Board in connection therewith.
9        (2) The Board shall examine the applications with
10    respect to their conformity with this Act and the rules and
11    regulations imposed by the Board. If found to be in
12    compliance with the Act and rules and regulations of the
13    Board, the Board may then issue a license to conduct
14    inter-track wagering and simulcast wagering to such
15    applicant. All such applications shall be acted upon by the
16    Board at a meeting to be held on such date as may be fixed
17    by the Board.
18        (3) In granting licenses to conduct inter-track
19    wagering and simulcast wagering, the Board shall give due
20    consideration to the best interests of the public, of horse
21    racing, and of maximizing revenue to the State.
22        (4) Prior to the issuance of a license to conduct
23    inter-track wagering and simulcast wagering, the applicant
24    shall file with the Board a bond payable to the State of
25    Illinois in the sum of $50,000, executed by the applicant
26    and a surety company or companies authorized to do business

 

 

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1    in this State, and conditioned upon (i) the payment by the
2    licensee of all taxes due under Section 27 or 27.1 and any
3    other monies due and payable under this Act, and (ii)
4    distribution by the licensee, upon presentation of the
5    winning ticket or tickets, of all sums payable to the
6    patrons of pari-mutuel pools.
7        (5) Each license to conduct inter-track wagering and
8    simulcast wagering shall specify the person to whom it is
9    issued, the dates on which such wagering is permitted, and
10    the track or location where the wagering is to be
11    conducted.
12        (6) All wagering under such license is subject to this
13    Act and to the rules and regulations from time to time
14    prescribed by the Board, and every such license issued by
15    the Board shall contain a recital to that effect.
16        (7) An inter-track wagering licensee or inter-track
17    wagering location licensee may accept wagers at the track
18    or location where it is licensed, or as otherwise provided
19    under this Act.
20        (8) Inter-track wagering or simulcast wagering shall
21    not be conducted at any track less than 5 miles from a
22    track at which a racing meeting is in progress.
23        (8.1) Inter-track wagering location licensees who
24    derive their licenses from a particular organization
25    licensee shall conduct inter-track wagering and simulcast
26    wagering only at locations that which are either within 90

 

 

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1    miles of that race track where the particular organization
2    licensee is licensed to conduct racing, or within 140 135
3    miles of that race track where the particular organization
4    licensee is licensed to conduct racing in the case of race
5    tracks in counties of less than 400,000 that were operating
6    on or before June 1, 1986. However, inter-track wagering
7    and simulcast wagering shall not be conducted by those
8    licensees at any location within 5 miles of any race track
9    at which a horse race meeting has been licensed in the
10    current year, unless the person having operating control of
11    such race track has given its written consent to such
12    inter-track wagering location licensees, which consent
13    must be filed with the Board at or prior to the time
14    application is made. In the case of any inter-track
15    wagering location licensee initially licensed after
16    December 31, 2013, inter-track wagering and simulcast
17    wagering shall not be conducted by those inter-track
18    wagering location licensees that are located outside the
19    City of Chicago at any location within 8 miles of any race
20    track at which a horse race meeting has been licensed in
21    the current year, unless the person having operating
22    control of such race track has given its written consent to
23    such inter-track wagering location licensees, which
24    consent must be filed with the Board at or prior to the
25    time application is made.
26        (8.2) Inter-track wagering or simulcast wagering shall

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    shall be allocated 40% to the location licensee and 60% to
2    the organization licensee which provides the Illinois
3    races to the location, except that an intertrack wagering
4    location licensee that derives its license from a track
5    located in a county with a population in excess of 230,000
6    and that borders the Mississippi River shall not divide any
7    remaining retention with the organization licensee that
8    provides the race or races and an intertrack wagering
9    location licensee that accepts wagers on races conducted by
10    an organization licensee that conducts a race meet in a
11    county with a population in excess of 230,000 and that
12    borders the Mississippi River shall not divide any
13    remaining retention with the organization licensee.
14    Notwithstanding the provisions of clauses (ii) and (iv) of
15    this paragraph, in the case of the additional inter-track
16    wagering location licenses authorized under paragraph (1)
17    of this subsection (h) by this amendatory Act of 1991,
18    those licensees shall pay the following amounts as purses:
19    during the first 12 months the licensee is in operation,
20    5.25% of the pari-mutuel handle wagered at the location on
21    races; during the second 12 months, 5.25%; during the third
22    12 months, 5.75%; during the fourth 12 months, 6.25%; and
23    during the fifth 12 months and thereafter, 6.75%. The
24    following amounts shall be retained by the licensee to
25    satisfy all costs and expenses of conducting its wagering:
26    during the first 12 months the licensee is in operation,

 

 

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1    8.25% of the pari-mutuel handle wagered at the location;
2    during the second 12 months, 8.25%; during the third 12
3    months, 7.75%; during the fourth 12 months, 7.25%; and
4    during the fifth 12 months and thereafter, 6.75%. For
5    additional intertrack wagering location licensees
6    authorized under this amendatory Act of 1995, purses for
7    the first 12 months the licensee is in operation shall be
8    5.75% of the pari-mutuel wagered at the location, purses
9    for the second 12 months the licensee is in operation shall
10    be 6.25%, and purses thereafter shall be 6.75%. For
11    additional intertrack location licensees authorized under
12    this amendatory Act of 1995, the licensee shall be allowed
13    to retain to satisfy all costs and expenses: 7.75% of the
14    pari-mutuel handle wagered at the location during its first
15    12 months of operation, 7.25% during its second 12 months
16    of operation, and 6.75% thereafter.
17        (C) There is hereby created the Horse Racing Tax
18    Allocation Fund which shall remain in existence until
19    December 31, 1999. Moneys remaining in the Fund after
20    December 31, 1999 shall be paid into the General Revenue
21    Fund. Until January 1, 2000, all monies paid into the Horse
22    Racing Tax Allocation Fund pursuant to this paragraph (11)
23    by inter-track wagering location licensees located in park
24    districts of 500,000 population or less, or in a
25    municipality that is not included within any park district
26    but is included within a conservation district and is the

 

 

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1    county seat of a county that (i) is contiguous to the state
2    of Indiana and (ii) has a 1990 population of 88,257
3    according to the United States Bureau of the Census, and
4    operating on May 1, 1994 shall be allocated by
5    appropriation as follows:
6            Two-sevenths to the Department of Agriculture.
7        Fifty percent of this two-sevenths shall be used to
8        promote the Illinois horse racing and breeding
9        industry, and shall be distributed by the Department of
10        Agriculture upon the advice of a 9-member committee
11        appointed by the Governor consisting of the following
12        members: the Director of Agriculture, who shall serve
13        as chairman; 2 representatives of organization
14        licensees conducting thoroughbred race meetings in
15        this State, recommended by those licensees; 2
16        representatives of organization licensees conducting
17        standardbred race meetings in this State, recommended
18        by those licensees; a representative of the Illinois
19        Thoroughbred Breeders and Owners Foundation,
20        recommended by that Foundation; a representative of
21        the Illinois Standardbred Owners and Breeders
22        Association, recommended by that Association; a
23        representative of the Horsemen's Benevolent and
24        Protective Association or any successor organization
25        thereto established in Illinois comprised of the
26        largest number of owners and trainers, recommended by

 

 

SB3318 Enrolled- 35 -LRB098 18284 ZMM 53418 b

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

 

 

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

 

 

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

 

 

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

 

 

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1        premiums and rehabilitation as set forth in the
2        Agricultural Fair Act;
3            Four-sevenths to museums and aquariums located in
4        park districts of over 500,000 population; provided
5        that the monies are distributed in accordance with the
6        previous year's distribution of the maintenance tax
7        for such museums and aquariums as provided in Section 2
8        of the Park District Aquarium and Museum Act; and
9            One-seventh to the Agricultural Premium Fund to be
10        used for distribution to agricultural home economics
11        extension councils in accordance with "An Act in
12        relation to additional support and finances for the
13        Agricultural and Home Economic Extension Councils in
14        the several counties of this State and making an
15        appropriation therefor", approved July 24, 1967. This
16        subparagraph (C) shall be inoperative and of no force
17        and effect on and after January 1, 2000.
18            (D) Except as provided in paragraph (11) of this
19        subsection (h), with respect to purse allocation from
20        intertrack wagering, the monies so retained shall be
21        divided as follows:
22                (i) If the inter-track wagering licensee,
23            except an intertrack wagering licensee that
24            derives its license from an organization licensee
25            located in a county with a population in excess of
26            230,000 and bounded by the Mississippi River, is

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1days, except as limited by subsection (b) of Section 19 of this
2Act.
3(Source: P.A. 97-1060, eff. 8-24-12; 98-18, eff. 6-7-13;
498-624, eff. 1-29-14.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.