Full Text of SB0314 94th General Assembly
SB0314sam001 94TH GENERAL ASSEMBLY
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Sen. John J. Cullerton
Filed: 3/31/2005
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| AMENDMENT TO SENATE BILL 314
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| AMENDMENT NO. ______. Amend Senate Bill 314 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Horse Racing Act of 1975 is | 5 |
| amended by changing Sections 3.077, 3.12, 3.20, 3.22, 3.23, 14, | 6 |
| 15, 18, 20, 25, 26, 26.2, 27, 29, and 31.1 and by adding | 7 |
| Sections 3.24, 3.25, 3.26, and 3.27 as follows:
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| (230 ILCS 5/3.077)
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| Sec. 3.077. "Non-host licensee" means a licensee , other | 10 |
| than an advance deposit wagering licensee, operating | 11 |
| concurrently
with a host track.
| 12 |
| (Source: P.A. 89-16, eff. 5-30-95.)
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| (230 ILCS 5/3.12) (from Ch. 8, par. 37-3.12)
| 14 |
| Sec. 3.12. "Pari-mutuel system of
wagering" means a form of | 15 |
| wagering on the outcome of horse races in which
wagers are made | 16 |
| in various
denominations on a horse or horses
and
all wagers | 17 |
| for each race are pooled and held by a licensee
for | 18 |
| distribution in a manner approved by the Board. Wagers may be | 19 |
| placed via any method or at any location authorized under this | 20 |
| Act.
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| (Source: P.A. 89-16, eff. 5-30-95.)
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| (230 ILCS 5/3.20)
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| Sec. 3.20. "Licensee" means an individual organization | 2 |
| licensee, an
inter-track wagering licensee, an
or inter-track | 3 |
| wagering location licensee , or an advance deposit wagering | 4 |
| licensee , as
the context of this Act requires.
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| (Source: P.A. 89-16, eff. 5-30-95.)
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| (230 ILCS 5/3.22)
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| Sec. 3.22. "Wagering facility" means any location at which | 8 |
| a licensee , other than an advance deposit wagering licensee,
| 9 |
| may
accept or receive pari-mutuel wagers under this Act.
| 10 |
| (Source: P.A. 89-16, eff. 5-30-95.)
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| (230 ILCS 5/3.23)
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| Sec. 3.23. "Wagering" means, collectively, the pari-mutuel | 13 |
| system of
wagering, inter-track wagering, and simulcast | 14 |
| wagering , and advance deposit wagering .
| 15 |
| (Source: P.A. 89-16, eff. 5-30-95.)
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| (230 ILCS 5/3.24 new) | 17 |
| Sec. 3.24. Advance deposit wagering. "Advance deposit | 18 |
| wagering" means a method of pari-mutuel wagering in which an | 19 |
| individual may establish an account, deposit money into the | 20 |
| account, and use the account balance to pay for pari-mutuel | 21 |
| wagering authorized by this Act. An advance deposit wager may | 22 |
| be placed in person or from any other location approved by the | 23 |
| Board via a telephone-type device or any electronic means. Any | 24 |
| person who accepts an advance deposit wager who is not licensed | 25 |
| by the Board as an advance deposit wagering licensee shall be | 26 |
| considered in violation of this Act and the Criminal Code of | 27 |
| 1961. Any advance deposit wager placed in person shall be | 28 |
| deemed to have been placed at that wagering facility. | 29 |
| (230 ILCS 5/3.25 new) | 30 |
| Sec. 3.25. Advance deposit wagering fee. "Advance deposit |
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| wagering fee" means the amount paid to or retained by a person, | 2 |
| as defined in Section 3.14, for the purpose of administering a | 3 |
| pari-mutuel system of advance deposit wagering. | 4 |
| (230 ILCS 5/3.26 new)
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| Sec. 3.26. Source market fee. "Source market fee" means any | 6 |
| amount remaining from advance deposit wagering after payment of | 7 |
| winning wagers, any breakage, any privilege or pari-mutuel tax, | 8 |
| any interstate commission fee, and any advance deposit wagering | 9 |
| fees. | 10 |
| (230 ILCS 5/3.27 new)
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| Sec. 3.27. Advance deposit wagering licensee. "Advance | 12 |
| deposit wagering licensee" means a person licensed by the Board | 13 |
| to conduct advance deposit wagering. An advance deposit | 14 |
| wagering licensee may be an organization licensee or a person | 15 |
| or third party who contracts with an organization licensee in | 16 |
| order to conduct advance deposit wagering.
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| (230 ILCS 5/14) (from Ch. 8, par. 37-14)
| 18 |
| Sec. 14. (a) The Board shall hold regular and special | 19 |
| meetings at such
times and places as may be necessary to | 20 |
| perform properly and effectively all
duties required under this | 21 |
| Act. A majority of the members of the Board shall
constitute a | 22 |
| quorum for the transaction of any business, for the performance | 23 |
| of
any duty, or for the exercise of any power which this Act | 24 |
| requires the Board
members to transact, perform or exercise en | 25 |
| banc, except that upon order of the
Board one of the Board | 26 |
| members may conduct the hearing provided in Section 16.
The | 27 |
| Board member conducting such hearing shall have all powers and | 28 |
| rights
granted to the Board in this Act. The record made at the | 29 |
| hearing shall be
reviewed by the Board, or a majority thereof, | 30 |
| and the findings and decision of
the majority of the Board | 31 |
| shall constitute the order of the Board in such case.
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| (b) The Board shall obtain a court reporter who will be | 2 |
| present at each
regular and special meeting and proceeding and | 3 |
| who shall make accurate
transcriptions thereof except that when | 4 |
| in the judgment of the Board an
emergency situation requires a | 5 |
| meeting by teleconference, the executive
director shall | 6 |
| prepare minutes of the meeting indicating the date and time of
| 7 |
| the meeting and which members of the Board were present or | 8 |
| absent, summarizing
all
matters proposed, deliberated, or | 9 |
| decided at the meeting, and indicating the
results of all votes | 10 |
| taken. The public shall be allowed to listen to the
proceedings | 11 |
| of that meeting at all Board branch offices.
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| (c) The Board shall provide records which are separate and
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| distinct from the records of any other State board or | 14 |
| commission. Such
records shall be available for public | 15 |
| inspection and shall accurately reflect
all Board proceedings.
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| (d) The Board shall file a written annual report with the | 17 |
| Governor on or
before May
March 1 each year and such additional | 18 |
| reports as the Governor may
request. The annual report shall | 19 |
| include a statement of receipts and
disbursements by the Board, | 20 |
| actions taken by the Board, a report on the
industry's progress | 21 |
| toward the policy objectives established in Section 1.2 of
this | 22 |
| Act, and any
additional
information and recommendations which | 23 |
| the Board may deem valuable or which the
Governor may request.
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| (e) The Board shall maintain a branch office on the ground | 25 |
| of every
organization licensee during the organization | 26 |
| licensee's race meeting, which
office shall be kept open | 27 |
| throughout the time the race meeting is held. The
Board shall | 28 |
| designate one of its members, or an authorized agent of the | 29 |
| Board
who shall have the authority to act for the Board, to be | 30 |
| in charge of the
branch office during the time it is required | 31 |
| to be kept open.
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| (Source: P.A. 91-40, eff. 6-25-99.)
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| (230 ILCS 5/15) (from Ch. 8, par. 37-15)
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| Sec. 15. (a) The Board shall, in its discretion, issue | 2 |
| occupation
licenses
to horse owners, trainers, harness | 3 |
| drivers, jockeys, agents, apprentices,
grooms, stable foremen, | 4 |
| exercise persons, veterinarians, valets, blacksmiths,
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| concessionaires and others designated by the Board whose work, | 6 |
| in whole or in
part, is conducted upon facilities within the | 7 |
| State. Such occupation licenses
will
be obtained prior to the
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| persons engaging in their vocation upon such facilities. The
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| Board shall not license pari-mutuel clerks, parking | 10 |
| attendants, security
guards and employees of concessionaires. | 11 |
| No occupation license shall be
required of
any person who works | 12 |
| at facilities within this
State as a pari-mutuel
clerk, parking | 13 |
| attendant, security guard or as an employee of a | 14 |
| concessionaire.
Concessionaires of the Illinois State Fair and | 15 |
| DuQuoin State Fair and
employees of the Illinois Department of | 16 |
| Agriculture shall not be required to
obtain an occupation | 17 |
| license by the Board.
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| (b) Each application for an occupation license shall be on | 19 |
| forms
prescribed by the Board. Such license, when issued, shall | 20 |
| be for the
period ending December 31 of each year, except that | 21 |
| the Board in its
discretion may grant 3-year licenses. The | 22 |
| application shall
be accompanied
by a fee of not more than $75
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| $25 per year
or, in the case of 3-year occupation
license
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| applications, a fee of not more than $180
$60 . Each applicant | 25 |
| shall set forth in
the application his full name and address, | 26 |
| and if he had been issued prior
occupation licenses or has been | 27 |
| licensed in any other state under any other
name, such name, | 28 |
| his age, whether or not a permit or license issued to him
in | 29 |
| any other state has been suspended or revoked and if so whether | 30 |
| such
suspension or revocation is in effect at the time of the | 31 |
| application, and
such other information as the Board may | 32 |
| require. Fees for registration of
stable names shall not exceed | 33 |
| $150
$50.00 .
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| (c) The Board may in its discretion refuse an occupation |
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| license
to any person:
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| (1) who has been convicted of a crime;
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| (2) who is unqualified to perform the duties required | 4 |
| of such applicant;
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| (3) who fails to disclose or states falsely any | 6 |
| information called for
in the application;
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| (4) who has been found guilty of a violation of this | 8 |
| Act or of the rules
and regulations of the Board; or
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| (5) whose license or permit has been suspended, revoked | 10 |
| or denied for just
cause in any other state.
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| (d) The Board may suspend or revoke any occupation license:
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| (1) for violation of any of the provisions of this Act; | 13 |
| or
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| (2) for violation of any of the rules or regulations of | 15 |
| the Board; or
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| (3) for any cause which, if known to the Board, would | 17 |
| have justified the
Board in refusing to issue such | 18 |
| occupation license; or
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| (4) for any other just cause.
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| (e)
Each applicant shall submit his or her fingerprints | 21 |
| to the
Department
of State Police in the form and manner | 22 |
| prescribed by the Department of State
Police. These | 23 |
| fingerprints shall be checked against the fingerprint records
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| now and hereafter filed in the Department of State
Police and | 25 |
| Federal Bureau of Investigation criminal history records
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| databases. The Department of State Police shall charge
a fee | 27 |
| for conducting the criminal history records check, which shall | 28 |
| be
deposited in the State Police Services Fund and shall not | 29 |
| exceed the actual
cost of the records check. The Department of | 30 |
| State Police shall furnish,
pursuant to positive | 31 |
| identification, records of conviction to the Board.
Each | 32 |
| applicant for licensure shall submit with his occupation
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| license
application, on forms provided by the Board, 2 sets of | 34 |
| his fingerprints.
All such applicants shall appear in person at |
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| the location designated by
the Board for the purpose of | 2 |
| submitting such sets of fingerprints; however,
with the prior | 3 |
| approval of a State steward, an applicant may have such sets
of | 4 |
| fingerprints taken by an official law enforcement agency and | 5 |
| submitted to
the Board.
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| (f) The Board may, in its discretion, issue an occupation | 7 |
| license without
submission of fingerprints if an applicant has | 8 |
| been duly licensed in another
recognized racing jurisdiction | 9 |
| after submitting fingerprints that were
subjected to a Federal | 10 |
| Bureau of Investigation criminal history background
check
in
| 11 |
| that jurisdiction .
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| (Source: P.A. 93-418, eff. 1-1-04.)
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| (230 ILCS 5/18) (from Ch. 8, par. 37-18)
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| Sec. 18. (a) Together with its application, each applicant | 15 |
| for racing dates
shall deliver to the Board a certified check | 16 |
| or bank draft payable to the order
of the Board for $10,000
| 17 |
| $1,000 . In the event the applicant applies for racing dates
in | 18 |
| 2 or 3 successive calendar years as provided in subsection (b) | 19 |
| of Section
21, the fee shall be $20,000
$2,000 . Filing fees | 20 |
| shall not be refunded in the event
the application is denied.
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| (b) In addition to the filing fee of $10,000
$1000 and the | 22 |
| fees provided in
subsection (j) of Section 20, each | 23 |
| organization licensee shall pay a license
fee of $200
$100 for | 24 |
| each racing program on which its daily pari-mutuel handle is
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| $100,000 or more but less than $400,000 or more but less than | 26 |
| $700,000 , and a license fee of $400
$200 for each
racing | 27 |
| program on which its daily pari-mutuel handle is $400,000
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| $700,000 or more.
The
additional fees required to be paid under | 29 |
| this Section by this amendatory Act
of 1982 shall be remitted | 30 |
| by the organization licensee to the Illinois Racing
Board with | 31 |
| each day's graduated privilege tax or pari-mutuel tax and
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| breakage as provided under
Section 27.
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| (c) Sections 11-42-1, 11-42-5, and 11-54-1 of the "Illinois |
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| Municipal Code,"
approved May 29, 1961, as now or hereafter | 2 |
| amended, shall not apply to any
license under this Act.
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| (Source: P.A. 91-40, eff. 6-25-99.)
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| (230 ILCS 5/20) (from Ch. 8, par. 37-20)
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| Sec. 20. (a) Any person desiring to conduct a horse race | 6 |
| meeting may
apply to the Board for an organization license. The | 7 |
| application shall be
made on a form prescribed and furnished by | 8 |
| the Board. The application shall
specify:
| 9 |
| (1) the dates on which
it intends to conduct the horse | 10 |
| race meeting, which
dates shall be provided
under Section | 11 |
| 21;
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| (2) the hours of each racing day between which it | 13 |
| intends to
hold or
conduct horse racing at such meeting;
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| (3) the location where it proposes to conduct the
| 15 |
| meeting; and
| 16 |
| (4) any other information the Board may reasonably | 17 |
| require.
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| (b) A separate application for an organization license | 19 |
| shall be filed
for each horse race meeting
which such person | 20 |
| proposes to hold. Any such application, if made by an
| 21 |
| individual, or by any individual as trustee, shall be
signed | 22 |
| and verified under oath by such individual. If
made by | 23 |
| individuals or a partnership, it shall be signed and
verified | 24 |
| under oath by at least 2 of such individuals or members of such
| 25 |
| partnership as the case may be. If made by an association, | 26 |
| corporation,
corporate trustee or any other entity, it shall be | 27 |
| signed by the president
and attested by the secretary or | 28 |
| assistant secretary under the seal
of such association, trust | 29 |
| or corporation if it has a seal, and shall
also be verified | 30 |
| under oath by one of the signing officers.
| 31 |
| (c) The application shall specify the name of the
persons, | 32 |
| association, trust, or corporation making such application and | 33 |
| the
post office address of the applicant; if the applicant is a |
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| trustee, the
names and addresses of the beneficiaries; if a | 2 |
| corporation, the names and
post office addresses of all | 3 |
| officers, stockholders and directors; or if
such
stockholders | 4 |
| hold stock as a nominee or fiduciary, the names and post
office | 5 |
| addresses of these persons, partnerships, corporations, or | 6 |
| trusts
who are the beneficial owners thereof or who are | 7 |
| beneficially interested
therein; and if a partnership, the | 8 |
| names and post office addresses of all
partners, general or | 9 |
| limited; if the applicant is a corporation, the name
of the | 10 |
| state of its incorporation shall be specified.
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| (d) The applicant shall execute and file with the Board a | 12 |
| good faith
affirmative action plan to recruit, train, and | 13 |
| upgrade minorities in all
classifications within the | 14 |
| association.
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| (e) With such
application there shall be delivered to the | 16 |
| Board a
certified check or bank draft payable to the order of | 17 |
| the Board for an
amount equal to $10,000
$1,000 . All | 18 |
| applications for
the issuance of an organization license shall | 19 |
| be filed with the Board before
August 1 of the year prior to | 20 |
| the year for which application is made and shall be acted
upon | 21 |
| by the Board at a meeting to be held on such date as shall be | 22 |
| fixed
by the Board during the last 15 days of September of such | 23 |
| prior year.
At such meeting, the Board shall announce
the award | 24 |
| of the racing meets, live racing schedule, and designation of | 25 |
| host
track to the applicants and its approval or disapproval of | 26 |
| each
application. No announcement shall
be considered binding | 27 |
| until a formal order is executed by the Board, which
shall be | 28 |
| executed no later than October 15 of that prior year.
Absent | 29 |
| the agreement of
the affected organization licensees, the Board | 30 |
| shall not grant overlapping
race meetings to 2 or more tracks | 31 |
| that are within 100 miles of each
other to conduct the | 32 |
| thoroughbred racing.
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| (e-5) In reviewing an application for the purpose of | 34 |
| granting an
organization license consistent with
the best |
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| interests of the public and the
sport of horse racing, the | 2 |
| Board shall consider:
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| (1) the character, reputation, experience, and | 4 |
| financial integrity of the
applicant and of any other | 5 |
| separate person that either:
| 6 |
| (i) controls the applicant, directly or | 7 |
| indirectly, or
| 8 |
| (ii) is controlled, directly or indirectly, by | 9 |
| that applicant or by a
person who controls, directly or | 10 |
| indirectly, that applicant;
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| (2) the applicant's facilities or proposed facilities | 12 |
| for conducting
horse
racing;
| 13 |
| (3) the total revenue without regard to Section 32.1 to | 14 |
| be derived by
the State and horsemen from the applicant's
| 15 |
| conducting a race meeting;
| 16 |
| (4) the applicant's good faith affirmative action plan | 17 |
| to recruit, train,
and upgrade minorities in all employment | 18 |
| classifications;
| 19 |
| (5) the applicant's financial ability to purchase and | 20 |
| maintain adequate
liability and casualty insurance;
| 21 |
| (6) the applicant's proposed and prior year's | 22 |
| promotional and marketing
activities and expenditures of | 23 |
| the applicant associated with those activities;
| 24 |
| (7) an agreement, if any, among organization licensees | 25 |
| as provided in
subsection (b) of Section 21 of this Act; | 26 |
| and
| 27 |
| (8) the extent to which the applicant exceeds or meets | 28 |
| other standards for
the issuance of an organization license | 29 |
| that the Board shall adopt by rule.
| 30 |
| In granting organization licenses and allocating dates for | 31 |
| horse race
meetings, the Board shall have discretion to | 32 |
| determine an overall schedule,
including required simulcasts | 33 |
| of Illinois races by host tracks that will, in
its judgment, be | 34 |
| conducive to the best interests of
the public and the sport of |
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| horse racing.
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| (9) whether the applicant has sufficient capitalization | 3 |
| with which to organize, promote, and operate a race meet in the | 4 |
| succeeding year. | 5 |
| (10) the applicant's support of live racing and the growth | 6 |
| of the Illinois horse racing industry, as measured by the | 7 |
| following factors: | 8 |
| (A) Efforts to increase the total handle on Illinois | 9 |
| races. | 10 |
| (B) Efforts to increase purses earned from pari-mutuel | 11 |
| wagering. | 12 |
| (C) The applicant's marketing and promotion of horse | 13 |
| racing. | 14 |
| (D) Capital improvements to the applicant's racing | 15 |
| facility. | 16 |
| (e-10) The Illinois Administrative Procedure Act shall | 17 |
| apply to
administrative procedures of the Board under this Act | 18 |
| for the granting of an
organization license, except that (1) | 19 |
| notwithstanding the provisions of
subsection (b) of Section | 20 |
| 10-40 of the Illinois Administrative Procedure Act
regarding | 21 |
| cross-examination, the
Board may prescribe rules limiting the | 22 |
| right of an applicant or participant in
any proceeding to award | 23 |
| an organization license to conduct cross-examination of
| 24 |
| witnesses at that proceeding where that cross-examination | 25 |
| would unduly obstruct
the timely award of an organization | 26 |
| license under subsection (e) of Section 20
of this Act; (2) the | 27 |
| provisions of Section 10-45 of the Illinois Administrative
| 28 |
| Procedure Act regarding proposals for decision are excluded | 29 |
| under this Act; (3)
notwithstanding the provisions of | 30 |
| subsection (a) of Section 10-60 of the
Illinois Administrative | 31 |
| Procedure Act regarding ex parte communications, the
Board may | 32 |
| prescribe rules allowing ex parte communications with | 33 |
| applicants or
participants in a proceeding to award an | 34 |
| organization license where conducting
those communications |
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| would be in the best interest of racing, provided all
those | 2 |
| communications are made part of the record of that proceeding | 3 |
| pursuant
to subsection (c) of Section 10-60 of the Illinois | 4 |
| Administrative
Procedure Act; (4) the provisions of Section 14a | 5 |
| of this Act and the rules of
the Board promulgated under that | 6 |
| Section shall apply instead of the provisions
of Article 10 of | 7 |
| the Illinois Administrative Procedure Act regarding
| 8 |
| administrative law judges; and (5) the provisions of subsection | 9 |
| (d)
of Section 10-65 of the Illinois Administrative Procedure | 10 |
| Act that prevent
summary suspension of a license pending | 11 |
| revocation or other action shall not
apply.
| 12 |
| (f) The Board may allot racing dates to an organization | 13 |
| licensee for more
than one calendar year but for no more than 3 | 14 |
| successive calendar years in
advance, provided that the Board | 15 |
| shall review such allotment for more than
one calendar year | 16 |
| prior to each year for which such allotment has been
made. The | 17 |
| granting of an organization license to a person constitutes a
| 18 |
| privilege to conduct a horse race meeting under the provisions | 19 |
| of this Act, and
no person granted an organization license | 20 |
| shall be deemed to have a vested
interest, property right, or | 21 |
| future expectation to receive an organization
license in any | 22 |
| subsequent year as a result of the granting of an organization
| 23 |
| license. Organization licenses shall be subject to revocation | 24 |
| if the
organization licensee has violated any provision of this | 25 |
| Act
or the rules and regulations promulgated under this Act or | 26 |
| has been convicted
of a crime or has failed to disclose or has | 27 |
| stated falsely any information
called for in the application | 28 |
| for an organization license. Any
organization license | 29 |
| revocation
proceeding shall be in accordance with Section 16 | 30 |
| regarding suspension and
revocation of occupation licenses.
| 31 |
| (f-5) If, (i) an applicant does not file an acceptance of | 32 |
| the racing dates
awarded by the Board as required under part | 33 |
| (1) of subsection (h) of this
Section 20, or (ii) an | 34 |
| organization licensee has its license suspended or
revoked |
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| under this Act, the Board, upon conducting an emergency hearing | 2 |
| as
provided for in this Act, may reaward on an emergency basis | 3 |
| pursuant to
rules established by the Board, racing dates not | 4 |
| accepted or the racing
dates
associated with any suspension or | 5 |
| revocation period to one or more organization
licensees, new | 6 |
| applicants, or any combination thereof, upon terms and
| 7 |
| conditions that the Board determines are in the best interest | 8 |
| of racing,
provided, the organization licensees or new | 9 |
| applicants receiving the awarded
racing dates file an | 10 |
| acceptance of those reawarded racing dates as
required under | 11 |
| paragraph (1) of subsection (h) of this Section 20 and comply
| 12 |
| with the other provisions of this Act. The Illinois | 13 |
| Administrative Procedures
Act shall not apply to the | 14 |
| administrative procedures of the Board in conducting
the | 15 |
| emergency hearing and the reallocation of racing dates on an | 16 |
| emergency
basis.
| 17 |
| (g) (Blank).
| 18 |
| (h) The Board shall send the applicant a copy of its | 19 |
| formally
executed order by certified mail addressed to the | 20 |
| applicant at the
address stated in his application, which | 21 |
| notice shall be mailed within 5 days
of the date the formal | 22 |
| order is executed.
| 23 |
| Each applicant notified shall, within 10 days after receipt | 24 |
| of the
final executed order of the Board awarding
racing dates:
| 25 |
| (1) file with the Board an acceptance of such
award in
| 26 |
| the form
prescribed by the Board;
| 27 |
| (2) pay to the Board an additional amount equal to $200
| 28 |
| $110 for each
racing date awarded; and
| 29 |
| (3) file with the Board the bonds required in Sections | 30 |
| 21
and 25 at least
20 days prior to the first day of each | 31 |
| race meeting.
| 32 |
| Upon compliance with the provisions of paragraphs (1), (2), and | 33 |
| (3) of
this subsection (h), the applicant shall be issued an
| 34 |
| organization license.
|
|
|
|
09400SB0314sam001 |
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LRB094 09317 AMC 44140 a |
|
| 1 |
| If any applicant fails to comply with this Section or fails
| 2 |
| to pay the organization license fees herein provided, no | 3 |
| organization
license shall be issued to such applicant.
| 4 |
| (Source: P.A. 91-40, eff. 6-25-99.)
| 5 |
| (230 ILCS 5/25) (from Ch. 8, par. 37-25)
| 6 |
| Sec. 25. An admission fee shall be assessed for each person | 7 |
| charged admission when
There shall be paid to the Board at such | 8 |
| time or times as
it shall prescribe, the sum of fifteen cents | 9 |
| (15˘) for each person entering
the grounds or enclosure of each | 10 |
| organization licensee and
inter-track wagering licensee ,
upon | 11 |
| a ticket of admission except as provided
in subsection (g) of | 12 |
| Section 27 of this Act. The admission fee shall be $0.15. If
| 13 |
| tickets are issued for more than one day then the admission fee
| 14 |
| sum of fifteen cents
(15˘) shall be paid for each person using | 15 |
| such ticket on each day that the
same shall be used. Provided, | 16 |
| however, that no charge shall be made on
tickets of admission | 17 |
| issued to and in the name of directors, officers,
agents or | 18 |
| employees of the organization licensee, or inter-track | 19 |
| wagering
licensee, or to owners, trainers, jockeys,
drivers and | 20 |
| their employees or to any person or persons entering the
| 21 |
| grounds or enclosure for the transaction of business in | 22 |
| connection with such
race meeting. The organization licensee or | 23 |
| inter-track wagering licensee
may, if it desires, collect such | 24 |
| amount from
each ticket holder in addition to the amount or | 25 |
| amounts charged for such
ticket of admission.
| 26 |
| Accurate records and books shall at all times be kept and | 27 |
| maintained by
the organization licensees and inter-track | 28 |
| wagering licensees
showing the admission tickets issued and | 29 |
| used on each racing
day and the attendance thereat of each | 30 |
| horse racing meeting. The Board or
its duly authorized | 31 |
| representative or representatives shall at all
reasonable | 32 |
| times have access to the admission records of any organization
| 33 |
| licensee and inter-track wagering licensee for
the purpose of |
|
|
|
09400SB0314sam001 |
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LRB094 09317 AMC 44140 a |
|
| 1 |
| examining and checking the same and ascertaining whether or
not | 2 |
| the proper amount has been or is being paid the State of | 3 |
| Illinois as
herein provided. The Board shall also require, | 4 |
| before issuing any license,
that the licensee shall execute and | 5 |
| deliver to it a bond, payable to the
State of Illinois, in such | 6 |
| sum as it shall determine, not, however, in
excess of fifty | 7 |
| thousand dollars ($50,000), with a surety or sureties to be
| 8 |
| approved by it, conditioned for the payment of all sums due and | 9 |
| payable or
collected by it under this Section upon admission | 10 |
| fees received for any
particular racing meetings. The Board may | 11 |
| also from time to time require sworn
statements of the number | 12 |
| or numbers of such admissions and may prescribe blanks
upon | 13 |
| which such reports shall be made. Any organization licensee or
| 14 |
| inter-track wagering licensee failing or
refusing to pay the | 15 |
| amount found to be due as herein provided, shall be
deemed | 16 |
| guilty of a business offense and upon conviction shall be | 17 |
| punished by a
fine of not more than five thousand dollars | 18 |
| ($5,000) in addition to the amount
due from such organization | 19 |
| licensee or inter-track wagering licensee as
herein provided. | 20 |
| All fines paid into court by an organization
licensee or | 21 |
| inter-track wagering licensee found guilty of violating this
| 22 |
| Section shall be transmitted and paid
over by the clerk of the | 23 |
| court to the Board.
| 24 |
| (Source: P.A. 88-495; 89-16, eff. 5-30-95.)
| 25 |
| (230 ILCS 5/26) (from Ch. 8, par. 37-26)
| 26 |
| Sec. 26. Wagering.
| 27 |
| (a) Any licensee may conduct and supervise the pari-mutuel | 28 |
| system of
wagering, as defined in Section 3.12 of this Act, on | 29 |
| horse races conducted by
an Illinois organization
licensee or | 30 |
| conducted at a racetrack located in another state or country | 31 |
| and
televised in Illinois in accordance with subsection (g) of | 32 |
| Section 26 of this
Act. Subject to the prior consent of the | 33 |
| Board, licensees may supplement any
pari-mutuel pool in order |
|
|
|
09400SB0314sam001 |
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LRB094 09317 AMC 44140 a |
|
| 1 |
| to guarantee a minimum distribution. Such
pari-mutuel method of | 2 |
| wagering shall not,
under any circumstances if conducted under | 3 |
| the provisions of this Act,
be held or construed to be | 4 |
| unlawful, other statutes of this State to the
contrary | 5 |
| notwithstanding.
Subject to rules for advance wagering | 6 |
| promulgated by the Board, any
licensee
may accept wagers in | 7 |
| advance of the day of
the race wagered upon occurs.
| 8 |
| (b) No other method of betting, pool making, wagering or
| 9 |
| gambling shall be used or permitted by the licensee. Each | 10 |
| licensee
may retain, subject to the payment of all applicable
| 11 |
| taxes and purses, an amount not to exceed 17% of all money | 12 |
| wagered
under subsection (a) of this Section, except as may | 13 |
| otherwise be permitted
under this Act.
| 14 |
| (b-5) An individual may place a wager under the pari-mutuel | 15 |
| system from
any licensed location or via any other method
| 16 |
| authorized under this Act provided that wager is
electronically | 17 |
| recorded in the manner described in Section 3.12 of this Act.
| 18 |
| Any wager made electronically by an individual while physically | 19 |
| on the premises
of a licensee shall be deemed to have been made | 20 |
| at the premises of that
licensee. Any wager made via a | 21 |
| telephone-type device or electronic means by an individual | 22 |
| while not physically on the premises of the licensee (advance | 23 |
| deposit wagering) shall be deemed to have been made at the host | 24 |
| track at the time at which the race upon which the wager was | 25 |
| placed occurs.
| 26 |
| (c) Until January 1, 2000, the sum held by any licensee for | 27 |
| payment of
outstanding pari-mutuel tickets, if unclaimed prior | 28 |
| to December 31 of the
next year, shall be retained by the | 29 |
| licensee for payment of
such tickets until that date. Within 10 | 30 |
| days thereafter, the balance of
such sum remaining unclaimed, | 31 |
| less any uncashed supplements contributed by such
licensee for | 32 |
| the purpose of guaranteeing minimum distributions
of any | 33 |
| pari-mutuel pool, shall be
paid to the
Illinois
Veterans'
| 34 |
| Rehabilitation Fund of the State treasury, except as provided |
|
|
|
09400SB0314sam001 |
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LRB094 09317 AMC 44140 a |
|
| 1 |
| in subsection
(g) of Section 27 of this Act.
| 2 |
| (c-5) Beginning January 1, 2000, the sum held by any | 3 |
| licensee for payment
of
outstanding pari-mutuel tickets, if | 4 |
| unclaimed prior to December 31 of the
next year, shall be | 5 |
| retained by the licensee for payment of
such tickets until that | 6 |
| date. Within 10 days thereafter, the balance of
such sum | 7 |
| remaining unclaimed, less any uncashed supplements contributed | 8 |
| by such
licensee for the purpose of guaranteeing minimum | 9 |
| distributions
of any pari-mutuel pool, shall be evenly | 10 |
| distributed to the purse account of
the organization licensee | 11 |
| and the organization licensee.
| 12 |
| (d) A pari-mutuel ticket shall be honored until December 31 | 13 |
| of the
next calendar year, and the licensee shall pay the same | 14 |
| and may
charge the amount thereof against unpaid money | 15 |
| similarly accumulated on account
of pari-mutuel tickets not | 16 |
| presented for payment.
| 17 |
| (e) No licensee shall knowingly permit any minor, other
| 18 |
| than an employee of such licensee or an owner, trainer,
jockey, | 19 |
| driver, or employee thereof, to be admitted during a racing
| 20 |
| program unless accompanied by a parent or guardian, or any | 21 |
| minor to be a
patron of the pari-mutuel system of wagering | 22 |
| conducted or
supervised by it. The admission of any | 23 |
| unaccompanied minor, other than
an employee of the licensee or | 24 |
| an owner, trainer, jockey,
driver, or employee thereof at a | 25 |
| race track is a Class C
misdemeanor.
| 26 |
| (f) Notwithstanding the other provisions of this Act, | 27 |
| subject to the approval of the Board, an
organization licensee | 28 |
| may contract
with an entity in another state or country to | 29 |
| permit any legal
wagering entity in another state or country to | 30 |
| accept wagers solely within
such other state or country on | 31 |
| races conducted by the organization licensee
in this State.
The | 32 |
| Board shall adopt rules concerning the criteria for approval | 33 |
| required under this subsection (f). Beginning January 1, 2000, | 34 |
| these wagers
shall not be subject to State
taxation. Until |
|
|
|
09400SB0314sam001 |
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LRB094 09317 AMC 44140 a |
|
| 1 |
| January 1, 2000,
when the out-of-State entity conducts a | 2 |
| pari-mutuel pool
separate from the organization licensee, a | 3 |
| privilege tax equal to 7 1/2% of
all monies received by the | 4 |
| organization licensee from entities in other states
or | 5 |
| countries pursuant to such contracts is imposed on the | 6 |
| organization
licensee, and such privilege tax shall be remitted | 7 |
| to the
Department of Revenue
within 48 hours of receipt of the | 8 |
| moneys from the simulcast. When the
out-of-State entity | 9 |
| conducts a
combined pari-mutuel pool with the organization | 10 |
| licensee, the tax shall be 10%
of all monies received by the | 11 |
| organization licensee with 25% of the
receipts from this 10% | 12 |
| tax to be distributed to the county
in which the race was | 13 |
| conducted.
| 14 |
| An organization licensee may permit one or more of its | 15 |
| races to be
utilized for
pari-mutuel wagering at one or more | 16 |
| locations in other states and may
transmit audio and visual | 17 |
| signals of races the organization licensee
conducts to one or
| 18 |
| more locations outside the State or country and may also permit | 19 |
| pari-mutuel
pools in other states or countries to be combined | 20 |
| with its gross or net
wagering pools or with wagering pools | 21 |
| established by other states.
| 22 |
| (g) A host track may accept interstate simulcast wagers on
| 23 |
| horse
races conducted in other states or countries and shall | 24 |
| control the
number of signals and types of breeds of racing in | 25 |
| its simulcast program,
subject to the disapproval of the Board. | 26 |
| The Board may prohibit a simulcast
program only if it finds | 27 |
| that the simulcast program is clearly
adverse to the integrity | 28 |
| of racing. The host track
simulcast program shall
include the | 29 |
| signal of live racing of all organization licensees.
All | 30 |
| non-host licensees shall carry the host track simulcast program | 31 |
| and
accept wagers on all races included as part of the | 32 |
| simulcast
program upon which wagering is permitted.
All advance | 33 |
| deposit wagering licensees shall carry the signal of all | 34 |
| organization licensees and accept wagers on all races conducted |
|
|
|
09400SB0314sam001 |
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LRB094 09317 AMC 44140 a |
|
| 1 |
| by the organization licensee. The costs and expenses
of the | 2 |
| host track and non-host licensees associated
with interstate | 3 |
| simulcast
wagering, other than the interstate
commission fee, | 4 |
| shall be borne by the host track and all
non-host licensees
| 5 |
| incurring these costs.
The interstate commission fee shall not | 6 |
| exceed 5% of Illinois handle on the
interstate simulcast race | 7 |
| or races without prior approval of the Board. The
Board shall | 8 |
| promulgate rules under which it may permit
interstate | 9 |
| commission
fees in excess of 5%. The interstate commission
fee | 10 |
| and other fees charged by the sending racetrack, including, but | 11 |
| not
limited to, satellite decoder fees, shall be uniformly | 12 |
| applied
to the host track and all non-host licensees.
| 13 |
| Notwithstanding any other provision of this Act, an | 14 |
| organization licensee may maintain a system whereby advance | 15 |
| deposit wagering may take place or an organization licensee may | 16 |
| contract with another person to carry out a system of advance | 17 |
| deposit wagering. All advance deposit wagers placed from within | 18 |
| Illinois must be placed through a Board-approved advance | 19 |
| deposit wagering licensee; no other entity may accept an | 20 |
| advance deposit wager from a person within Illinois. All | 21 |
| advance deposit wagering is subject to any rules adopted by the | 22 |
| Board. An advance deposit wagering licensee may retain an | 23 |
| advance deposit wagering fee not to exceed 6.5% of all wagers | 24 |
| placed through the system. However, an organization licensee | 25 |
| licensed as an advance deposit wagering licensee operating and | 26 |
| maintaining its own advance deposit wagering system may retain | 27 |
| an advance deposit wagering fee not to exceed 6.5% of all | 28 |
| wagers placed through the system, subject to approval by the | 29 |
| Board. Each host track shall pay a share of all source market | 30 |
| fees and any breakage to an organization licensee operating at | 31 |
| a racetrack located in Madison County, provided that the | 32 |
| organization licensee conducted live racing in 2004 and the | 33 |
| current year, in an amount equal to the proportion of total | 34 |
| moneys wagered in the previous calendar year at the |
|
|
|
09400SB0314sam001 |
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LRB094 09317 AMC 44140 a |
|
| 1 |
| organizational licensee operating at a racetrack located in | 2 |
| Madison County and all of its inter-track wagering location | 3 |
| licensees as compared to the total statewide moneys wagered, | 4 |
| with the exception of moneys wagered from advance deposit | 5 |
| wagering, in the previous year. The proportion shall be | 6 |
| certified by the Board in writing within 45 days after the end | 7 |
| of the calendar year and the host track shall make payment to | 8 |
| the organization licensee located in Madison County within 90 | 9 |
| days following the end of the calendar year. The first payment | 10 |
| under this provision shall be due following the end of the | 11 |
| first calendar year in which advance deposit wagers are | 12 |
| accepted. The moneys received by an organization licensee | 13 |
| operating at a racetrack in Madison County shall be distributed | 14 |
| as follows: 50% to the organization licensee operating at a | 15 |
| racetrack in Madison County and 50% to the purse account at the | 16 |
| racetrack in Madison County. After distributing the moneys to | 17 |
| the organization licensee operating at a racetrack in Madison | 18 |
| County, the source market fees shall be paid as follows: 50% to | 19 |
| the host track and 50% to the purse accounts at the host track. | 20 |
| To the extent any fees substantially equivalent to source | 21 |
| market fees or other fees deducted from advance deposit | 22 |
| wagering conducted in Illinois for wagers in Illinois or other | 23 |
| states have been placed in escrow or otherwise withheld from | 24 |
| wagers pending a determination of the legality of advance | 25 |
| deposit wagering, no action shall be brought to declare such | 26 |
| wagers illegal, provided that all such fees shall be paid to | 27 |
| the appropriate host track within 30 days after the effective | 28 |
| date of this amendatory Act of the 94th General Assembly.
| 29 |
| (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
| 30 |
| intertrack wagering
licensee other than the host track may | 31 |
| supplement the host track simulcast
program with | 32 |
| additional simulcast races or race programs, provided that | 33 |
| between
January 1 and the third Friday in February of any | 34 |
| year, inclusive, if no live
thoroughbred racing is |
|
|
|
09400SB0314sam001 |
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LRB094 09317 AMC 44140 a |
|
| 1 |
| occurring in Illinois during this period, only
| 2 |
| thoroughbred races may be used
for supplemental interstate | 3 |
| simulcast purposes. The Board shall withhold
approval for a | 4 |
| supplemental interstate simulcast only if it finds that the
| 5 |
| simulcast is clearly adverse to the integrity of racing. A | 6 |
| supplemental
interstate simulcast may be transmitted from | 7 |
| an intertrack wagering licensee to
its affiliated non-host | 8 |
| licensees. The interstate commission fee for a
| 9 |
| supplemental interstate simulcast shall be paid by the | 10 |
| non-host licensee and
its affiliated non-host licensees | 11 |
| receiving the simulcast.
| 12 |
| (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
| 13 |
| intertrack wagering
licensee other than the host track may | 14 |
| receive supplemental interstate
simulcasts only with the | 15 |
| consent of the host track, except when the Board
finds that | 16 |
| the simulcast is
clearly adverse to the integrity of | 17 |
| racing. Consent granted under this
paragraph (2) to any | 18 |
| intertrack wagering licensee shall be deemed consent to
all | 19 |
| non-host licensees. The interstate commission fee for the | 20 |
| supplemental
interstate simulcast shall be paid
by all | 21 |
| participating non-host licensees.
| 22 |
| (3) Each licensee conducting interstate simulcast | 23 |
| wagering may retain,
subject to the payment of all | 24 |
| applicable taxes and the purses, an amount not to
exceed | 25 |
| 17% of all money wagered. If any licensee conducts the | 26 |
| pari-mutuel
system wagering on races conducted at | 27 |
| racetracks in another state or country,
each such race or | 28 |
| race program shall be considered a separate racing day for
| 29 |
| the purpose of determining the daily handle and computing | 30 |
| the privilege tax of
that daily handle as provided in | 31 |
| subsection (a) of Section 27.
Until January 1, 2000,
from | 32 |
| the sums permitted to be retained pursuant to this | 33 |
| subsection, each
intertrack wagering location licensee | 34 |
| shall pay 1% of the pari-mutuel handle
wagered on simulcast |
|
|
|
09400SB0314sam001 |
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LRB094 09317 AMC 44140 a |
|
| 1 |
| wagering to the Horse Racing Tax Allocation Fund, subject
| 2 |
| to the provisions of subparagraph (B) of paragraph (11) of | 3 |
| subsection (h) of
Section 26 of this Act.
| 4 |
| (4) A licensee who receives an interstate simulcast may | 5 |
| combine its gross
or net pools with pools at the sending | 6 |
| racetracks pursuant to rules established
by the Board. All | 7 |
| licensees combining their gross pools
at a
sending | 8 |
| racetrack shall adopt the take-out percentages of the | 9 |
| sending
racetrack.
A licensee may also establish a separate | 10 |
| pool and takeout structure for
wagering purposes on races | 11 |
| conducted at race tracks outside of the
State of Illinois. | 12 |
| The licensee may permit pari-mutuel wagers placed in other
| 13 |
| states or
countries to be combined with its gross or net | 14 |
| wagering pools or other
wagering pools.
| 15 |
| (5) After the payment of the interstate commission fee | 16 |
| (except for the
interstate commission
fee on a supplemental | 17 |
| interstate simulcast, which shall be paid by the host
track | 18 |
| and by each non-host licensee through the host-track) , the | 19 |
| advance deposit wagering fee, and all applicable
State and | 20 |
| local
taxes, except as provided in subsection (g) of | 21 |
| Section 27 of this Act, the
remainder of moneys retained | 22 |
| from simulcast wagering pursuant to this
subsection (g), | 23 |
| and Section 26.2 shall be divided as follows:
| 24 |
| (A) For interstate simulcast wagers made at a host | 25 |
| track, 50% to the
host
track and 50% to purses at the | 26 |
| host track.
| 27 |
| (B) For wagers placed on interstate simulcast | 28 |
| races, supplemental
simulcasts as defined in | 29 |
| subparagraphs (1) and (2), and separately pooled races
| 30 |
| conducted outside of the State of Illinois made at a | 31 |
| non-host
licensee, 25% to the host
track, 25% to the | 32 |
| non-host licensee, and 50% to the purses at the host | 33 |
| track.
| 34 |
| (6) Notwithstanding any provision in this Act to the |
|
|
|
09400SB0314sam001 |
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LRB094 09317 AMC 44140 a |
|
| 1 |
| contrary, non-host
licensees
who derive their licenses | 2 |
| from a track located in a county with a population in
| 3 |
| excess of 230,000 and that borders the Mississippi River | 4 |
| may receive
supplemental interstate simulcast races at all | 5 |
| times subject to Board approval,
which shall be withheld | 6 |
| only upon a finding that a supplemental interstate
| 7 |
| simulcast is clearly adverse to the integrity of racing.
| 8 |
| (7) Notwithstanding any provision of this Act to the | 9 |
| contrary, after
payment of all applicable State and local | 10 |
| taxes and interstate commission fees,
non-host licensees | 11 |
| who derive their licenses from a track located in a county
| 12 |
| with a population in excess of 230,000 and that borders the | 13 |
| Mississippi River
shall retain 50% of the retention from | 14 |
| interstate simulcast wagers and shall
pay 50% to purses at | 15 |
| the track from which the non-host licensee derives its
| 16 |
| license as follows:
| 17 |
| (A) Between January 1 and the third Friday in | 18 |
| February, inclusive, if no
live thoroughbred racing is | 19 |
| occurring in Illinois during this period, when the
| 20 |
| interstate simulcast is a standardbred race, the purse | 21 |
| share to its
standardbred purse account;
| 22 |
| (B) Between January 1 and the third Friday in | 23 |
| February, inclusive, if no
live thoroughbred racing is | 24 |
| occurring in Illinois during this period, and the
| 25 |
| interstate simulcast is a thoroughbred race, the purse | 26 |
| share to its interstate
simulcast purse pool to be | 27 |
| distributed under paragraph (10) of this subsection
| 28 |
| (g);
| 29 |
| (C) Between January 1 and the third Friday in | 30 |
| February, inclusive, if
live thoroughbred racing is | 31 |
| occurring in Illinois, between 6:30 a.m. and 6:30
p.m. | 32 |
| the purse share from wagers made during this time | 33 |
| period to its
thoroughbred purse account and between | 34 |
| 6:30 p.m. and 6:30 a.m. the purse share
from wagers |
|
|
|
09400SB0314sam001 |
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LRB094 09317 AMC 44140 a |
|
| 1 |
| made during this time period to its standardbred purse | 2 |
| accounts;
| 3 |
| (D) Between the third Saturday in February and | 4 |
| December 31, when the
interstate simulcast occurs | 5 |
| between the hours of 6:30 a.m. and 6:30 p.m., the
purse | 6 |
| share to its thoroughbred purse account;
| 7 |
| (E) Between the third Saturday in February and | 8 |
| December 31, when the
interstate simulcast occurs | 9 |
| between the hours of 6:30 p.m. and 6:30 a.m., the
purse | 10 |
| share to its standardbred purse account.
| 11 |
| (7.1) Notwithstanding any other provision of this Act | 12 |
| to the contrary,
if
no
standardbred racing is conducted at | 13 |
| a racetrack located in Madison County
during any
calendar | 14 |
| year beginning on or after January 1, 2002, all
moneys | 15 |
| derived by
that racetrack from simulcast wagering and | 16 |
| inter-track wagering that (1) are to
be used
for purses and | 17 |
| (2) are generated between the hours of 6:30 p.m. and 6:30 | 18 |
| a.m.
during that
calendar year shall
be paid as follows:
| 19 |
| (A) If the licensee that conducts horse racing at | 20 |
| that racetrack
requests from the Board at least as many | 21 |
| racing dates as were conducted in
calendar year 2000, | 22 |
| 80% shall be paid to its thoroughbred purse account; | 23 |
| and
| 24 |
| (B) Twenty percent shall be deposited into the | 25 |
| Illinois Colt Stakes
Purse
Distribution
Fund and shall | 26 |
| be paid to purses for standardbred races for Illinois | 27 |
| conceived
and foaled horses conducted at any county | 28 |
| fairgrounds.
The moneys deposited into the Fund | 29 |
| pursuant to this subparagraph (B) shall be
deposited
| 30 |
| within 2
weeks after the day they were generated, shall | 31 |
| be in addition to and not in
lieu of any other
moneys | 32 |
| paid to standardbred purses under this Act, and shall | 33 |
| not be commingled
with other moneys paid into that | 34 |
| Fund. The moneys deposited
pursuant to this |
|
|
|
09400SB0314sam001 |
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LRB094 09317 AMC 44140 a |
|
| 1 |
| subparagraph (B) shall be allocated as provided by the
| 2 |
| Department of Agriculture, with the advice and | 3 |
| assistance of the Illinois
Standardbred
Breeders Fund | 4 |
| Advisory Board.
| 5 |
| (7.2) Notwithstanding any other provision of this Act | 6 |
| to the contrary, if
no
thoroughbred racing is conducted at | 7 |
| a racetrack located in Madison County
during any
calendar | 8 |
| year beginning on or after January 1,
2002, all
moneys | 9 |
| derived by
that racetrack from simulcast wagering and | 10 |
| inter-track wagering that (1) are to
be used
for purses and | 11 |
| (2) are generated between the hours of 6:30 a.m. and 6:30 | 12 |
| p.m.
during that
calendar year shall
be deposited as | 13 |
| follows:
| 14 |
| (A) If the licensee that conducts horse racing at | 15 |
| that racetrack
requests from the
Board at least
as many | 16 |
| racing dates as were conducted in calendar year 2000, | 17 |
| 80%
shall be deposited into its standardbred purse
| 18 |
| account; and
| 19 |
| (B) Twenty percent shall be deposited into the | 20 |
| Illinois Colt Stakes
Purse
Distribution Fund. Moneys | 21 |
| deposited into the Illinois Colt Stakes Purse
| 22 |
| Distribution Fund
pursuant to this subparagraph (B) | 23 |
| shall be paid to Illinois
conceived and foaled | 24 |
| thoroughbred breeders' programs
and to thoroughbred | 25 |
| purses for races conducted at any county fairgrounds | 26 |
| for
Illinois conceived
and foaled horses at the | 27 |
| discretion of the
Department of Agriculture, with the | 28 |
| advice and assistance of
the Illinois Thoroughbred | 29 |
| Breeders Fund Advisory
Board. The moneys deposited | 30 |
| into the Illinois Colt Stakes Purse Distribution
Fund
| 31 |
| pursuant to this subparagraph (B) shall be deposited | 32 |
| within 2 weeks
after the day they were generated, shall | 33 |
| be in addition to and not in
lieu of any other moneys | 34 |
| paid to thoroughbred purses
under this Act, and shall |
|
|
|
09400SB0314sam001 |
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LRB094 09317 AMC 44140 a |
|
| 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 | 27 |
| Agriculture, with the advice and assistance of the
Illinois | 28 |
| Standardbred Breeders Fund Advisory Board, shall be in | 29 |
| addition to
and not in lieu of any other moneys paid to | 30 |
| standardbred purses under this Act,
and shall not be | 31 |
| commingled
with any other moneys paid into that Fund.
| 32 |
| (7.4) If live standardbred racing is conducted at a | 33 |
| racetrack located in
Madison
County at any time in calendar | 34 |
| year 2001 before the payment required
under
paragraph (7.3) |
|
|
|
09400SB0314sam001 |
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LRB094 09317 AMC 44140 a |
|
| 1 |
| has been made, the organization licensee who is licensed to
| 2 |
| conduct
racing at that racetrack shall pay all moneys | 3 |
| derived by that racetrack from
simulcast
wagering and | 4 |
| inter-track wagering during calendar years 2000 and 2001 | 5 |
| that (1)
are to be
used for purses and (2) are generated | 6 |
| between the hours of 6:30 p.m. and 6:30
a.m.
during 2000 or | 7 |
| 2001 to the standardbred purse account at that
racetrack to
| 8 |
| be used for standardbred purses.
| 9 |
| (8) Notwithstanding any provision in this Act to the | 10 |
| contrary, an
organization licensee from a track located in | 11 |
| a county with a population in
excess of 230,000 and that | 12 |
| borders the Mississippi River and its affiliated
non-host | 13 |
| licensees shall not be entitled to share in any retention | 14 |
| generated on
racing, inter-track wagering, or simulcast | 15 |
| wagering at any other Illinois
wagering facility.
| 16 |
| (8.1) Notwithstanding any provisions in this Act to the | 17 |
| contrary, if 2
organization licensees
are conducting | 18 |
| standardbred race meetings concurrently
between the hours | 19 |
| of 6:30 p.m. and 6:30 a.m., after payment of all applicable
| 20 |
| State and local taxes and interstate commission fees, the | 21 |
| remainder of the
amount retained from simulcast wagering | 22 |
| otherwise attributable to the host
track and to host track | 23 |
| purses shall be split daily between the 2
organization | 24 |
| licensees and the purses at the tracks of the 2 | 25 |
| organization
licensees, respectively, based on each | 26 |
| organization licensee's share
of the total live handle for | 27 |
| that day,
provided that this provision shall not apply to | 28 |
| any non-host licensee that
derives its license from a track | 29 |
| located in a county with a population in
excess of 230,000 | 30 |
| and that borders the Mississippi River.
| 31 |
| (9) (Blank).
| 32 |
| (10) (Blank).
| 33 |
| (11) (Blank).
| 34 |
| (12) The Board shall have authority to compel all host |
|
|
|
09400SB0314sam001 |
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LRB094 09317 AMC 44140 a |
|
| 1 |
| tracks to receive
the simulcast of any or all races | 2 |
| conducted at the Springfield or DuQuoin State
fairgrounds | 3 |
| and include all such races as part of their simulcast | 4 |
| programs.
| 5 |
| (13) Notwithstanding any other provision of this Act, | 6 |
| in the event that
the total Illinois pari-mutuel handle on | 7 |
| Illinois horse races at all wagering
facilities in any | 8 |
| calendar year is less than 75% of the total Illinois
| 9 |
| pari-mutuel handle on Illinois horse races at all such | 10 |
| wagering facilities for
calendar year 1994, then each | 11 |
| wagering facility that has an annual total
Illinois | 12 |
| pari-mutuel handle on Illinois horse races that is less | 13 |
| than 75% of
the total Illinois pari-mutuel handle on | 14 |
| Illinois horse races at such wagering
facility for calendar | 15 |
| year 1994, shall be permitted to receive, from any amount
| 16 |
| otherwise
payable to the purse account at the race track | 17 |
| with which the wagering facility
is affiliated in the | 18 |
| succeeding calendar year, an amount equal to 2% of the
| 19 |
| differential in total Illinois pari-mutuel handle on | 20 |
| Illinois horse
races at the wagering facility between that | 21 |
| calendar year in question and 1994
provided, however, that | 22 |
| a
wagering facility shall not be entitled to any such | 23 |
| payment until the Board
certifies in writing to the | 24 |
| wagering facility the amount to which the wagering
facility | 25 |
| is entitled
and a schedule for payment of the amount to the | 26 |
| wagering facility, based on:
(i) the racing dates awarded | 27 |
| to the race track affiliated with the wagering
facility | 28 |
| during the succeeding year; (ii) the sums available or | 29 |
| anticipated to
be available in the purse account of the | 30 |
| race track affiliated with the
wagering facility for purses | 31 |
| during the succeeding year; and (iii) the need to
ensure | 32 |
| reasonable purse levels during the payment period.
The | 33 |
| Board's certification
shall be provided no later than | 34 |
| January 31 of the succeeding year.
In the event a wagering |
|
|
|
09400SB0314sam001 |
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LRB094 09317 AMC 44140 a |
|
| 1 |
| facility entitled to a payment under this paragraph
(13) is | 2 |
| affiliated with a race track that maintains purse accounts | 3 |
| for both
standardbred and thoroughbred racing, the amount | 4 |
| to be paid to the wagering
facility shall be divided | 5 |
| between each purse account pro rata, based on the
amount of | 6 |
| Illinois handle on Illinois standardbred and thoroughbred | 7 |
| racing
respectively at the wagering facility during the | 8 |
| previous calendar year.
Annually, the General Assembly | 9 |
| shall appropriate sufficient funds from the
General | 10 |
| Revenue Fund to the Department of Agriculture for payment | 11 |
| into the
thoroughbred and standardbred horse racing purse | 12 |
| accounts at
Illinois pari-mutuel tracks. The amount paid to | 13 |
| each purse account shall be
the amount certified by the | 14 |
| Illinois Racing Board in January to be
transferred from | 15 |
| each account to each eligible racing facility in
accordance | 16 |
| with the provisions of this Section.
| 17 |
| (h) The Board may approve and license the conduct of | 18 |
| inter-track wagering
and simulcast wagering by inter-track | 19 |
| wagering licensees and inter-track
wagering location licensees | 20 |
| subject to the following terms and conditions:
| 21 |
| (1) Any person licensed to conduct a race meeting (i) | 22 |
| at a track where
60 or more days of racing were conducted | 23 |
| during the immediately preceding
calendar year or where | 24 |
| over the 5 immediately preceding calendar years an
average | 25 |
| of 30 or more days of racing were conducted annually may be | 26 |
| issued an
inter-track wagering license; (ii) at a track
| 27 |
| located in a county that is bounded by the Mississippi | 28 |
| River, which has a
population of less than 150,000 | 29 |
| according to the 1990 decennial census, and an
average of | 30 |
| at least 60 days of racing per year between 1985 and 1993 | 31 |
| may be
issued an inter-track wagering license; or (iii) at | 32 |
| a track
located in Madison
County that conducted at least | 33 |
| 100 days of live racing during the immediately
preceding
| 34 |
| calendar year may be issued an inter-track wagering |
|
|
|
09400SB0314sam001 |
- 30 - |
LRB094 09317 AMC 44140 a |
|
| 1 |
| license, unless a lesser
schedule of
live racing is the | 2 |
| result of (A) weather, unsafe track conditions, or other
| 3 |
| acts of God; (B)
an agreement between the organization | 4 |
| licensee and the associations
representing the
largest | 5 |
| number of owners, trainers, jockeys, or standardbred | 6 |
| drivers who race
horses at
that organization licensee's | 7 |
| racing meeting; or (C) a finding by the Board of
| 8 |
| extraordinary circumstances and that it was in the best | 9 |
| interest of the public
and the sport to conduct fewer than | 10 |
| 100 days of live racing. Any such person
having operating | 11 |
| control of the racing facility may also receive up to 6
| 12 |
| inter-track wagering
location licenses. In no event shall | 13 |
| more than 6 inter-track wagering
locations be established | 14 |
| for each eligible race track, except that an
eligible race | 15 |
| track located in a county that has a population of more | 16 |
| than
230,000 and that is bounded by the Mississippi River | 17 |
| may establish up to 7
inter-track wagering locations.
An | 18 |
| application for
said license shall be filed with the Board | 19 |
| prior to such dates as may be
fixed by the Board. With an | 20 |
| application for an inter-track
wagering
location license | 21 |
| there shall be delivered to the Board a certified check or
| 22 |
| bank draft payable to the order of the Board for an amount | 23 |
| equal to $2,500
$500 .
The application shall be on forms | 24 |
| prescribed and furnished by the Board. The
application | 25 |
| shall comply with all other rules,
regulations and | 26 |
| conditions imposed by the Board in connection therewith.
| 27 |
| (2) The Board shall examine the applications with | 28 |
| respect to their
conformity with this Act and the rules and | 29 |
| regulations imposed by the
Board. If found to be in | 30 |
| compliance with the Act and rules and regulations
of the | 31 |
| Board, the Board may then issue a license to conduct | 32 |
| inter-track
wagering and simulcast wagering to such | 33 |
| applicant. All such applications
shall be acted upon by the | 34 |
| Board at a meeting to be held on such date as may be
fixed |
|
|
|
09400SB0314sam001 |
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LRB094 09317 AMC 44140 a |
|
| 1 |
| by the Board.
| 2 |
| (3) In granting licenses to conduct inter-track | 3 |
| wagering and simulcast
wagering, the Board shall give due | 4 |
| consideration to
the best interests of the
public, of horse | 5 |
| racing, and of maximizing revenue to the State.
| 6 |
| (4) Prior to the issuance of a license to conduct | 7 |
| inter-track wagering
and simulcast wagering,
the applicant | 8 |
| shall file with the Board a bond payable to the State of | 9 |
| Illinois
in the sum of $50,000, executed by the applicant | 10 |
| and a surety company or
companies authorized to do business | 11 |
| in this State, and conditioned upon
(i) the payment by the | 12 |
| licensee of all taxes due under Section 27 or 27.1
and any | 13 |
| other monies due and payable under this Act, and (ii)
| 14 |
| distribution by the licensee, upon presentation of the | 15 |
| winning ticket or
tickets, of all sums payable to the | 16 |
| patrons of pari-mutuel pools.
| 17 |
| (5) Each license to conduct inter-track wagering and | 18 |
| simulcast
wagering shall specify the person
to whom it is | 19 |
| issued, the dates on which such wagering is permitted, and
| 20 |
| the track or location where the wagering is to be | 21 |
| conducted.
| 22 |
| (6) All wagering under such license is subject to this | 23 |
| Act and to the
rules and regulations from time to time | 24 |
| prescribed by the Board, and every
such license issued by | 25 |
| the Board shall contain a recital to that effect.
| 26 |
| (7) An inter-track wagering licensee or inter-track | 27 |
| wagering location
licensee may accept wagers at the track | 28 |
| or location
where it is licensed, or as otherwise provided | 29 |
| under this Act.
| 30 |
| (8) Inter-track wagering or simulcast wagering shall | 31 |
| not be
conducted
at any track less than 5 miles from a | 32 |
| track at which a racing meeting is in
progress.
| 33 |
| (8.1) Inter-track wagering location
licensees who | 34 |
| derive their licenses from a particular organization |
|
|
|
09400SB0314sam001 |
- 32 - |
LRB094 09317 AMC 44140 a |
|
| 1 |
| licensee
shall conduct inter-track wagering and simulcast | 2 |
| wagering only at locations
which are either within 90
miles | 3 |
| of that race track where the particular organization | 4 |
| licensee is
licensed to conduct racing, or within 135 miles | 5 |
| of that race track
where
the particular organization | 6 |
| licensee is licensed to conduct racing
in the case
of race | 7 |
| tracks in counties of less than 400,000 that were operating | 8 |
| on or
before June 1, 1986. However, inter-track wagering | 9 |
| and simulcast wagering
shall not
be conducted by those | 10 |
| licensees at any location within 5 miles of any race
track | 11 |
| at which a
horse race meeting has been licensed in the | 12 |
| current year, unless the person
having operating control of | 13 |
| such race track has given its written consent
to such | 14 |
| inter-track wagering location licensees,
which consent
| 15 |
| must be filed with the Board at or prior to the time | 16 |
| application is made.
| 17 |
| (8.2) Inter-track wagering or simulcast wagering shall | 18 |
| not be
conducted by an inter-track
wagering location | 19 |
| licensee at any location within 500 feet of an
existing
| 20 |
| church or existing school, nor within 500 feet of the | 21 |
| residences
of more than 50 registered voters without
| 22 |
| receiving written permission from a majority of the | 23 |
| registered
voters at such residences.
Such written | 24 |
| permission statements shall be filed with the Board. The
| 25 |
| distance of 500 feet shall be measured to the nearest part | 26 |
| of any
building
used for worship services, education | 27 |
| programs, residential purposes, or
conducting inter-track | 28 |
| wagering by an inter-track wagering location
licensee, and | 29 |
| not to property boundaries. However, inter-track wagering | 30 |
| or
simulcast wagering may be conducted at a site within 500 | 31 |
| feet of
a church, school or residences
of 50 or more | 32 |
| registered voters if such church, school
or residences have | 33 |
| been erected
or established, or such voters have been | 34 |
| registered, after
the Board issues
the original |
|
|
|
09400SB0314sam001 |
- 33 - |
LRB094 09317 AMC 44140 a |
|
| 1 |
| inter-track wagering location license at the site in | 2 |
| question.
Inter-track wagering location licensees may | 3 |
| conduct inter-track wagering
and simulcast wagering only | 4 |
| in areas that are zoned for
commercial or manufacturing | 5 |
| purposes or
in areas for which a special use has been | 6 |
| approved by the local zoning
authority. However, no license | 7 |
| to conduct inter-track wagering and simulcast
wagering | 8 |
| shall be
granted by the Board with respect to any | 9 |
| inter-track wagering location
within the jurisdiction of | 10 |
| any local zoning authority which has, by
ordinance or by | 11 |
| resolution, prohibited the establishment of an inter-track
| 12 |
| wagering location within its jurisdiction. However, | 13 |
| inter-track wagering
and simulcast wagering may be | 14 |
| conducted at a site if such ordinance or
resolution is | 15 |
| enacted after
the Board licenses the original inter-track | 16 |
| wagering location
licensee for the site in question.
| 17 |
| (9) (Blank).
| 18 |
| (10) An inter-track wagering licensee or an | 19 |
| inter-track wagering
location licensee may retain, subject | 20 |
| to the
payment of the privilege taxes and the purses, an | 21 |
| amount not to
exceed 17% of all money wagered. Each program | 22 |
| of racing conducted by
each inter-track wagering licensee | 23 |
| or inter-track wagering location
licensee shall be | 24 |
| considered a separate racing day for the purpose of
| 25 |
| determining the daily handle and computing the privilege | 26 |
| tax or pari-mutuel
tax on such daily
handle as provided in | 27 |
| Section 27.
| 28 |
| (10.1) Except as provided in subsection (g) of Section | 29 |
| 27 of this Act,
inter-track wagering location licensees | 30 |
| shall pay 1% of the
pari-mutuel handle at each location to | 31 |
| the municipality in which such
location is situated and 1% | 32 |
| of the pari-mutuel handle at each location to
the county in | 33 |
| which such location is situated. In the event that an
| 34 |
| inter-track wagering location licensee is situated in an |
|
|
|
09400SB0314sam001 |
- 34 - |
LRB094 09317 AMC 44140 a |
|
| 1 |
| unincorporated
area of a county, such licensee shall pay 2% | 2 |
| of the pari-mutuel handle from
such location to such | 3 |
| county.
| 4 |
| (10.2) Notwithstanding any other provision of this | 5 |
| Act, with respect to
intertrack wagering at a race track | 6 |
| located in a
county that has a population of
more than | 7 |
| 230,000 and that is bounded by the Mississippi River ("the | 8 |
| first race
track"), or at a facility operated by an | 9 |
| inter-track wagering licensee or
inter-track wagering | 10 |
| location licensee that derives its license from the
| 11 |
| organization licensee that operates the first race track, | 12 |
| on races conducted at
the first race track or on races | 13 |
| conducted at another Illinois race track
and | 14 |
| simultaneously televised to the first race track or to a | 15 |
| facility operated
by an inter-track wagering licensee or | 16 |
| inter-track wagering location licensee
that derives its | 17 |
| license from the organization licensee that operates the | 18 |
| first
race track, those moneys shall be allocated as | 19 |
| follows:
| 20 |
| (A) That portion of all moneys wagered on | 21 |
| standardbred racing that is
required under this Act to | 22 |
| be paid to purses shall be paid to purses for
| 23 |
| standardbred races.
| 24 |
| (B) That portion of all moneys wagered on | 25 |
| thoroughbred racing
that is required under this Act to | 26 |
| be paid to purses shall be paid to purses
for | 27 |
| thoroughbred races.
| 28 |
| (11) (A) After payment of the privilege or pari-mutuel | 29 |
| tax, any other
applicable
taxes, and
the costs and expenses | 30 |
| in connection with the gathering, transmission, and
| 31 |
| dissemination of all data necessary to the conduct of | 32 |
| inter-track wagering,
the remainder of the monies retained | 33 |
| under either Section 26 or Section 26.2
of this Act by the | 34 |
| inter-track wagering licensee on inter-track wagering
|
|
|
|
09400SB0314sam001 |
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LRB094 09317 AMC 44140 a |
|
| 1 |
| shall be allocated with 50% to be split between the
2 | 2 |
| participating licensees and 50% to purses, except
that an | 3 |
| intertrack wagering licensee that derives its
license from | 4 |
| a track located in a county with a population in excess of | 5 |
| 230,000
and that borders the Mississippi River shall not | 6 |
| divide any remaining
retention with the Illinois | 7 |
| organization licensee that provides the race or
races, and | 8 |
| an intertrack wagering licensee that accepts wagers on | 9 |
| races
conducted by an organization licensee that conducts a | 10 |
| race meet in a county
with a population in excess of | 11 |
| 230,000 and that borders the Mississippi River
shall not | 12 |
| divide any remaining retention with that organization | 13 |
| licensee.
| 14 |
| (B) From the
sums permitted to be retained pursuant to | 15 |
| this Act each inter-track wagering
location licensee shall | 16 |
| pay (i) the privilege or pari-mutuel tax to the
State; (ii) | 17 |
| 4.75% of the
pari-mutuel handle on intertrack wagering at | 18 |
| such location on
races as purses, except that
an intertrack | 19 |
| wagering location licensee that derives its license from a
| 20 |
| track located in a county with a population in excess of | 21 |
| 230,000 and that
borders the Mississippi River shall retain | 22 |
| all purse moneys for its own purse
account consistent with | 23 |
| distribution set forth in this subsection (h), and
| 24 |
| intertrack wagering location licensees that accept wagers | 25 |
| on races
conducted
by an organization licensee located in a | 26 |
| county with a population in excess of
230,000 and that | 27 |
| borders the Mississippi River shall distribute all purse
| 28 |
| moneys to purses at the operating host track; (iii) until | 29 |
| January 1, 2000,
except as
provided in
subsection (g) of | 30 |
| Section 27 of this Act, 1% of the
pari-mutuel handle | 31 |
| wagered on inter-track wagering and simulcast wagering at
| 32 |
| each inter-track wagering
location licensee facility to | 33 |
| the Horse Racing Tax Allocation Fund, provided
that, to the | 34 |
| extent the total amount collected and distributed to the |
|
|
|
09400SB0314sam001 |
- 36 - |
LRB094 09317 AMC 44140 a |
|
| 1 |
| Horse
Racing Tax Allocation Fund under this subsection (h) | 2 |
| during any calendar year
exceeds the amount collected and | 3 |
| distributed to the Horse Racing Tax Allocation
Fund during | 4 |
| calendar year 1994, that excess amount shall be | 5 |
| redistributed (I)
to all inter-track wagering location | 6 |
| licensees, based on each licensee's
pro-rata share of the | 7 |
| total handle from inter-track wagering and simulcast
| 8 |
| wagering for all inter-track wagering location licensees | 9 |
| during the calendar
year in which this provision is | 10 |
| applicable; then (II) the amounts redistributed
to each | 11 |
| inter-track wagering location licensee as described in | 12 |
| subpart (I)
shall be further redistributed as provided in | 13 |
| subparagraph (B) of paragraph (5)
of subsection (g) of this | 14 |
| Section 26 provided first, that the shares of those
| 15 |
| amounts, which are to be redistributed to the host track or | 16 |
| to purses at the
host track under subparagraph (B) of | 17 |
| paragraph (5) of subsection (g) of this
Section 26 shall be
| 18 |
| redistributed based on each host track's pro rata share of | 19 |
| the total
inter-track
wagering and simulcast wagering | 20 |
| handle at all host tracks during the calendar
year in | 21 |
| question, and second, that any amounts redistributed as | 22 |
| described in
part (I) to an inter-track wagering location | 23 |
| licensee that accepts
wagers on races conducted by an | 24 |
| organization licensee that conducts a race meet
in a county | 25 |
| with a population in excess of 230,000 and that borders the
| 26 |
| Mississippi River shall be further redistributed as | 27 |
| provided in subparagraphs
(D) and (E) of paragraph (7) of | 28 |
| subsection (g) of this Section 26, with the
portion of that
| 29 |
| further redistribution allocated to purses at that | 30 |
| organization licensee to be
divided between standardbred | 31 |
| purses and thoroughbred purses based on the
amounts | 32 |
| otherwise allocated to purses at that organization | 33 |
| licensee during the
calendar year in question; and (iv) 8% | 34 |
| of the pari-mutuel handle on
inter-track wagering wagered |
|
|
|
09400SB0314sam001 |
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LRB094 09317 AMC 44140 a |
|
| 1 |
| at
such location to satisfy all costs and expenses of | 2 |
| conducting its wagering. The
remainder of the monies | 3 |
| retained by the inter-track wagering location licensee
| 4 |
| shall be allocated 40% to the location licensee and 60% to | 5 |
| the organization
licensee which provides the Illinois | 6 |
| races to the location, except that an
intertrack wagering | 7 |
| location
licensee that derives its license from a track | 8 |
| located in a county with a
population in excess of 230,000 | 9 |
| and that borders the Mississippi River shall
not divide any | 10 |
| remaining retention with the organization licensee that | 11 |
| provides
the race or races and an intertrack wagering | 12 |
| location licensee that accepts
wagers on races conducted by | 13 |
| an organization licensee that conducts a race meet
in a | 14 |
| county with a population in excess of 230,000 and that | 15 |
| borders the
Mississippi River shall not divide any | 16 |
| remaining retention with the
organization licensee.
| 17 |
| Notwithstanding the provisions of clauses (ii) and (iv) of | 18 |
| this
paragraph, in the case of the additional inter-track | 19 |
| wagering location licenses
authorized under paragraph (1) | 20 |
| of this subsection (h) by this amendatory
Act of 1991, | 21 |
| those licensees shall pay the following amounts as purses:
| 22 |
| during the first 12 months the licensee is in operation, | 23 |
| 5.25% of
the
pari-mutuel handle wagered at the location on | 24 |
| races; during the second 12
months, 5.25%; during the third | 25 |
| 12 months, 5.75%;
during
the fourth 12 months,
6.25%; and | 26 |
| during the fifth 12 months and thereafter, 6.75%. The
| 27 |
| following amounts shall be retained by the licensee to | 28 |
| satisfy all costs
and expenses of conducting its wagering: | 29 |
| during the first 12 months the
licensee is in operation, | 30 |
| 8.25% of the pari-mutuel handle wagered
at the
location; | 31 |
| during the second 12 months, 8.25%; during the third 12
| 32 |
| months, 7.75%;
during the fourth 12 months, 7.25%; and | 33 |
| during the fifth 12 months
and
thereafter, 6.75%.
For | 34 |
| additional intertrack wagering location licensees |
|
|
|
09400SB0314sam001 |
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LRB094 09317 AMC 44140 a |
|
| 1 |
| authorized under this
amendatory
Act of 1995, purses for | 2 |
| the first 12 months the licensee is in operation shall
be | 3 |
| 5.75% of the pari-mutuel wagered
at the location, purses | 4 |
| for the second 12 months the licensee is in operation
shall | 5 |
| be 6.25%, and purses
thereafter shall be 6.75%. For | 6 |
| additional intertrack location
licensees
authorized under
| 7 |
| this amendatory Act of 1995, the licensee shall be allowed | 8 |
| to retain to satisfy
all costs and expenses: 7.75% of the | 9 |
| pari-mutuel handle wagered at
the location
during its first | 10 |
| 12 months of operation, 7.25% during its second
12
months | 11 |
| of
operation, and 6.75% thereafter.
| 12 |
| (C) There is hereby created the Horse Racing Tax | 13 |
| Allocation Fund
which shall remain in existence until | 14 |
| December 31, 1999. Moneys
remaining in the Fund after | 15 |
| December 31, 1999
shall be paid into the
General Revenue | 16 |
| Fund. Until January 1, 2000,
all monies paid into the Horse | 17 |
| Racing Tax Allocation Fund pursuant to this
paragraph (11) | 18 |
| by inter-track wagering location licensees located in park
| 19 |
| districts of 500,000 population or less, or in a | 20 |
| municipality that is not
included within any park district | 21 |
| but is included within a conservation
district and is the | 22 |
| county seat of a county that (i) is contiguous to the state
| 23 |
| of Indiana and (ii) has a 1990 population of 88,257 | 24 |
| according to the United
States Bureau of the Census, and | 25 |
| operating on May 1, 1994 shall be
allocated by | 26 |
| appropriation as follows:
| 27 |
| Two-sevenths to the Department of Agriculture. | 28 |
| Fifty percent of
this two-sevenths shall be used to | 29 |
| promote the Illinois horse racing and
breeding | 30 |
| industry, and shall be distributed by the Department of | 31 |
| Agriculture
upon the advice of a 9-member committee | 32 |
| appointed by the Governor consisting of
the following | 33 |
| members: the Director of Agriculture, who shall serve | 34 |
| as
chairman; 2 representatives of organization |
|
|
|
09400SB0314sam001 |
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LRB094 09317 AMC 44140 a |
|
| 1 |
| licensees conducting thoroughbred
race meetings in | 2 |
| this State, recommended by those licensees; 2 | 3 |
| representatives
of organization licensees conducting | 4 |
| standardbred race meetings in this State,
recommended | 5 |
| by those licensees; a representative of the Illinois
| 6 |
| Thoroughbred Breeders and Owners Foundation, | 7 |
| recommended by that
Foundation; a representative of | 8 |
| the Illinois Standardbred Owners and
Breeders | 9 |
| Association, recommended
by that Association; a | 10 |
| representative of
the Horsemen's Benevolent and | 11 |
| Protective Association or any successor
organization | 12 |
| thereto established in Illinois comprised of the | 13 |
| largest number of
owners and trainers, recommended by | 14 |
| that
Association or that successor organization; and a
| 15 |
| representative of the Illinois Harness Horsemen's
| 16 |
| Association, recommended by that Association. | 17 |
| Committee members shall
serve for terms of 2 years, | 18 |
| commencing January 1 of each even-numbered
year. If a | 19 |
| representative of any of the above-named entities has | 20 |
| not been
recommended by January 1 of any even-numbered | 21 |
| year, the Governor shall
appoint a committee member to | 22 |
| fill that position. Committee members shall
receive no | 23 |
| compensation for their services as members but shall be
| 24 |
| reimbursed for all actual and necessary expenses and | 25 |
| disbursements incurred
in the performance of their | 26 |
| official duties. The remaining 50% of this
| 27 |
| two-sevenths shall be distributed to county fairs for | 28 |
| premiums and
rehabilitation as set forth in the | 29 |
| Agricultural Fair Act;
| 30 |
| Four-sevenths to park districts or municipalities | 31 |
| that do not have a
park district of 500,000 population | 32 |
| or less for museum purposes (if an
inter-track wagering | 33 |
| location licensee is located in such a park district) | 34 |
| or
to conservation districts for museum purposes (if an |
|
|
|
09400SB0314sam001 |
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LRB094 09317 AMC 44140 a |
|
| 1 |
| inter-track wagering
location licensee is located in a | 2 |
| municipality that is not included within any
park | 3 |
| district but is included within a conservation | 4 |
| district and is the county
seat of a county that (i) is | 5 |
| contiguous to the state of Indiana and (ii) has a
1990 | 6 |
| population of 88,257 according to the United States | 7 |
| Bureau of the Census,
except that if the conservation | 8 |
| district does not maintain a museum, the monies
shall | 9 |
| be allocated equally between the county and the | 10 |
| municipality in which the
inter-track wagering | 11 |
| location licensee is located for general purposes) or | 12 |
| to a
municipal recreation board for park purposes (if | 13 |
| an inter-track wagering
location licensee is located | 14 |
| in a municipality that is not included within any
park | 15 |
| district and park maintenance is the function of the | 16 |
| municipal recreation
board and the municipality has a | 17 |
| 1990 population of 9,302 according to the
United States | 18 |
| Bureau of the Census); provided that the monies are | 19 |
| distributed
to each park district or conservation | 20 |
| district or municipality that does not
have a park | 21 |
| district in an amount equal to four-sevenths of the | 22 |
| amount
collected by each inter-track wagering location | 23 |
| licensee within the park
district or conservation | 24 |
| district or municipality for the Fund. Monies that
were | 25 |
| paid into the Horse Racing Tax Allocation Fund before | 26 |
| the effective date
of this amendatory Act of 1991 by an | 27 |
| inter-track wagering location licensee
located in a | 28 |
| municipality that is not included within any park | 29 |
| district but is
included within a conservation | 30 |
| district as provided in this paragraph shall, as
soon | 31 |
| as practicable after the effective date of this | 32 |
| amendatory Act of 1991, be
allocated and paid to that | 33 |
| conservation district as provided in this paragraph.
| 34 |
| Any park district or municipality not maintaining a |
|
|
|
09400SB0314sam001 |
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LRB094 09317 AMC 44140 a |
|
| 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 | 27 |
| by those licensees; a representative of the Illinois | 28 |
| Thoroughbred
Breeders and Owners Foundation, | 29 |
| recommended by that Foundation; a
representative of | 30 |
| the Illinois Standardbred Owners and Breeders | 31 |
| Association,
recommended by that Association; a | 32 |
| representative of the Horsemen's Benevolent
and | 33 |
| Protective Association or any successor organization | 34 |
| thereto established
in Illinois comprised of the |
|
|
|
09400SB0314sam001 |
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LRB094 09317 AMC 44140 a |
|
| 1 |
| largest number of owners and trainers,
recommended by | 2 |
| that Association or that successor organization; and a
| 3 |
| representative of the Illinois Harness Horsemen's | 4 |
| Association, recommended by
that Association. | 5 |
| Committee members shall serve for terms of 2 years,
| 6 |
| commencing January 1 of each even-numbered year. If a | 7 |
| representative of any of
the above-named entities has | 8 |
| not been recommended by January 1 of any
even-numbered | 9 |
| year, the Governor shall appoint a committee member to | 10 |
| fill that
position. Committee members shall receive no | 11 |
| compensation for their services
as members but shall be | 12 |
| reimbursed for all actual and necessary expenses and
| 13 |
| disbursements incurred in the performance of their | 14 |
| official duties. The
remaining 50% of this | 15 |
| two-sevenths shall be distributed to county fairs for
| 16 |
| premiums and rehabilitation as set forth in the | 17 |
| Agricultural Fair Act;
| 18 |
| Four-sevenths to museums and aquariums located in | 19 |
| park districts of over
500,000 population; provided | 20 |
| that the monies are distributed in accordance with
the | 21 |
| previous year's distribution of the maintenance tax | 22 |
| for such museums and
aquariums as provided in Section 2 | 23 |
| of the Park District Aquarium and Museum
Act; and
| 24 |
| One-seventh to the Agricultural Premium Fund to be | 25 |
| used for distribution
to agricultural home economics | 26 |
| extension councils in accordance with "An Act
in | 27 |
| relation to additional support and finances for the | 28 |
| Agricultural and
Home Economic Extension Councils in | 29 |
| the several counties of this State and
making an | 30 |
| appropriation therefor", approved July 24, 1967.
This | 31 |
| subparagraph (C) shall be inoperative and of no force | 32 |
| and effect on and
after January 1, 2000.
| 33 |
| (D) Except as provided in paragraph (11) of this | 34 |
| subsection (h),
with respect to purse allocation from |
|
|
|
09400SB0314sam001 |
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LRB094 09317 AMC 44140 a |
|
| 1 |
| intertrack wagering, the monies so
retained shall be | 2 |
| divided as follows:
| 3 |
| (i) If the inter-track wagering licensee, | 4 |
| except an intertrack
wagering licensee that | 5 |
| derives its license from an organization
licensee | 6 |
| located in a county with a population in excess of | 7 |
| 230,000 and bounded
by the Mississippi River, is | 8 |
| not conducting its own
race meeting during the same | 9 |
| dates, then the entire purse allocation shall be
to | 10 |
| purses at the track where the races wagered on are | 11 |
| being conducted.
| 12 |
| (ii) If the inter-track wagering licensee, | 13 |
| except an intertrack
wagering licensee that | 14 |
| derives its license from an organization
licensee | 15 |
| located in a county with a population in excess of | 16 |
| 230,000 and bounded
by the Mississippi River, is | 17 |
| also
conducting its own
race meeting during the | 18 |
| same dates, then the purse allocation shall be as
| 19 |
| follows: 50% to purses at the track where the races | 20 |
| wagered on are
being conducted; 50% to purses at | 21 |
| the track where the inter-track
wagering licensee | 22 |
| is accepting such wagers.
| 23 |
| (iii) If the inter-track wagering is being | 24 |
| conducted by an inter-track
wagering location | 25 |
| licensee, except an intertrack wagering location | 26 |
| licensee
that derives its license from an | 27 |
| organization licensee located in a
county with a | 28 |
| population in excess of 230,000 and bounded by the | 29 |
| Mississippi
River, the entire purse allocation for | 30 |
| Illinois races shall
be to purses at the track | 31 |
| where the race meeting being wagered on is being
| 32 |
| held.
| 33 |
| (12) The Board shall have all powers necessary and | 34 |
| proper to fully
supervise and control the conduct of
|
|
|
|
09400SB0314sam001 |
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LRB094 09317 AMC 44140 a |
|
| 1 |
| inter-track wagering and simulcast
wagering by inter-track | 2 |
| wagering licensees and inter-track wagering location
| 3 |
| licensees, including, but not
limited to the following:
| 4 |
| (A) The Board is vested with power to promulgate | 5 |
| reasonable rules and
regulations for the purpose of | 6 |
| administering the
conduct of this
wagering and to | 7 |
| prescribe reasonable rules, regulations and conditions | 8 |
| under
which such wagering shall be held and conducted. | 9 |
| Such rules and regulations
are to provide for the | 10 |
| prevention of practices detrimental to the public
| 11 |
| interest and for
the best interests of said wagering | 12 |
| and to impose penalties
for violations thereof.
| 13 |
| (B) The Board, and any person or persons to whom it | 14 |
| delegates this
power, is vested with the power to enter | 15 |
| the
facilities of any licensee to determine whether | 16 |
| there has been
compliance with the provisions of this | 17 |
| Act and the rules and regulations
relating to the | 18 |
| conduct of such wagering.
| 19 |
| (C) The Board, and any person or persons to whom it | 20 |
| delegates this
power, may eject or exclude from any | 21 |
| licensee's facilities, any person whose
conduct or | 22 |
| reputation
is such that his presence on such premises | 23 |
| may, in the opinion of the Board,
call into the | 24 |
| question the honesty and integrity of, or interfere | 25 |
| with the
orderly conduct of such wagering; provided, | 26 |
| however, that no person shall
be excluded or ejected | 27 |
| from such premises solely on the grounds of race,
| 28 |
| color, creed, national origin, ancestry, or sex.
| 29 |
| (D) (Blank).
| 30 |
| (E) The Board is vested with the power to appoint | 31 |
| delegates to execute
any of the powers granted to it | 32 |
| under this Section for the purpose of
administering | 33 |
| this wagering and any
rules and
regulations
| 34 |
| promulgated in accordance with this Act.
|
|
|
|
09400SB0314sam001 |
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LRB094 09317 AMC 44140 a |
|
| 1 |
| (F) The Board shall name and appoint a State | 2 |
| director of this wagering
who shall be a representative | 3 |
| of the Board and whose
duty it shall
be to supervise | 4 |
| the conduct of inter-track wagering as may be provided | 5 |
| for
by the rules and regulations of the Board; such | 6 |
| rules and regulation shall
specify the method of | 7 |
| appointment and the Director's powers, authority and
| 8 |
| duties.
| 9 |
| (G) The Board is vested with the power to impose | 10 |
| civil penalties of up
to $5,000 against individuals and | 11 |
| up to $10,000 against
licensees for each violation of | 12 |
| any provision of
this Act relating to the conduct of | 13 |
| this wagering, any
rules adopted
by the Board, any | 14 |
| order of the Board or any other action which in the | 15 |
| Board's
discretion, is a detriment or impediment to | 16 |
| such wagering.
| 17 |
| (13) The Department of Agriculture may enter into | 18 |
| agreements with
licensees authorizing such licensees to | 19 |
| conduct inter-track
wagering on races to be held at the | 20 |
| licensed race meetings conducted by the
Department of | 21 |
| Agriculture. Such
agreement shall specify the races of the | 22 |
| Department of Agriculture's
licensed race meeting upon | 23 |
| which the licensees will conduct wagering. In the
event | 24 |
| that a licensee
conducts inter-track pari-mutuel wagering | 25 |
| on races from the Illinois State Fair
or DuQuoin State Fair | 26 |
| which are in addition to the licensee's previously
approved | 27 |
| racing program, those races shall be considered a separate | 28 |
| racing day
for the
purpose of determining the daily handle | 29 |
| and computing the privilege or
pari-mutuel tax on
that | 30 |
| daily handle as provided in Sections 27
and 27.1. Such
| 31 |
| agreements shall be approved by the Board before such | 32 |
| wagering may be
conducted. In determining whether to grant | 33 |
| approval, the Board shall give
due consideration to the | 34 |
| best interests of the public and of horse racing.
The |
|
|
|
09400SB0314sam001 |
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LRB094 09317 AMC 44140 a |
|
| 1 |
| provisions of paragraphs (1), (8), (8.1), and (8.2) of
| 2 |
| subsection (h) of this
Section which are not specified in | 3 |
| this paragraph (13) shall not apply to
licensed race | 4 |
| meetings conducted by the Department of Agriculture at the
| 5 |
| Illinois State Fair in Sangamon County or the DuQuoin State | 6 |
| Fair in Perry
County, or to any wagering conducted on
those | 7 |
| race meetings.
| 8 |
| (i) Notwithstanding the other provisions of this Act, the | 9 |
| conduct of
wagering at wagering facilities is authorized on all | 10 |
| days, except as limited by
subsection (b) of Section 19 of this | 11 |
| Act.
| 12 |
| (Source: P.A. 91-40, eff. 6-25-99; 92-211, eff. 8-2-01.)
| 13 |
| (230 ILCS 5/26.2) (from Ch. 8, par. 37-26.2)
| 14 |
| Sec. 26.2. In addition to the amount retained by
licensees | 15 |
| pursuant to Section 26, each licensee may retain an
additional | 16 |
| amount up to 3 1/2% of the amount wagered on all
multiple | 17 |
| wagers plus an additional amount up to 8% of the amount
wagered | 18 |
| on any other multiple wager
that involves a single betting | 19 |
| interest on 3 or more horses.
Amounts retained by organization | 20 |
| licensees and inter-track wagering licensees
on all forms of | 21 |
| wagering shall be allocated, after payment of
applicable State | 22 |
| and local taxes and advance deposit wagering fees, if | 23 |
| applicable, among organization licensees, inter-track
wagering | 24 |
| licensees, and purses as set forth in paragraph (5) of | 25 |
| subsection (g)
of Section 26, subparagraph (A) of paragraph | 26 |
| (11) of subsection (h) of
Section 26, and subsection (a) of | 27 |
| Section 29 of this Act.
Amounts retained by intertrack wagering | 28 |
| location licensees under this Section
on all forms of wagering | 29 |
| shall be allocated, after payment of applicable State
and local | 30 |
| taxes, among organization licensees, intertrack wagering | 31 |
| location
licensees, and purses as set forth in paragraph 5 of | 32 |
| subsection (g) of Section
26 and subparagraph (B) of paragraph | 33 |
| (11) of subsection (h) of Section 26.
|
|
|
|
09400SB0314sam001 |
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LRB094 09317 AMC 44140 a |
|
| 1 |
| (Source: P.A. 89-16, eff. 5-30-95.)
| 2 |
| (230 ILCS 5/27) (from Ch. 8, par. 37-27)
| 3 |
| Sec. 27. (a) In addition to the organization license fee | 4 |
| provided
by this Act, until January 1, 2000, a
graduated | 5 |
| privilege tax is hereby
imposed for conducting
the pari-mutuel | 6 |
| system of wagering permitted under this
Act. Until January 1, | 7 |
| 2000, except as provided in subsection (g) of
Section 27 of | 8 |
| this Act, all of
the breakage of each racing day held by any | 9 |
| licensee in the State shall be paid
to the State.
Until January | 10 |
| 1, 2000, such daily graduated privilege tax shall be paid by
| 11 |
| the
licensee from the amount permitted to be retained under | 12 |
| this Act.
Until January 1, 2000, each day's
graduated privilege | 13 |
| tax, breakage, and Horse Racing Tax Allocation
funds shall be | 14 |
| remitted to the Department of Revenue within 48 hours after the
| 15 |
| close of the racing day upon which it is assessed or within | 16 |
| such other time as
the Board prescribes. The privilege tax | 17 |
| hereby imposed, until January
1, 2000, shall be a flat tax at
| 18 |
| the rate of 2% of the daily pari-mutuel handle except as | 19 |
| provided in Section
27.1.
| 20 |
| In addition, every organization licensee, except as
| 21 |
| provided in Section 27.1 of this Act, which conducts multiple
| 22 |
| wagering shall pay, until January 1, 2000,
as a privilege tax | 23 |
| on multiple
wagers an amount
equal to 1.25% of all moneys | 24 |
| wagered each day on such multiple wagers,
plus an additional | 25 |
| amount equal to 3.5% of the amount wagered each day on any
| 26 |
| other multiple wager which involves a single
betting interest | 27 |
| on 3 or more horses. The licensee shall remit the amount of
| 28 |
| such taxes to the Department of Revenue within 48 hours after | 29 |
| the close of
the racing day on which it is assessed or within | 30 |
| such other time as the Board
prescribes.
| 31 |
| This subsection (a) shall be inoperative and of no force | 32 |
| and effect on and
after January 1, 2000.
| 33 |
| (a-5) Beginning on January 1, 2000, a
flat
pari-mutuel tax |
|
|
|
09400SB0314sam001 |
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LRB094 09317 AMC 44140 a |
|
| 1 |
| at the rate of 1.5% of
the daily
pari-mutuel handle , other than | 2 |
| from advance deposit wagering from a location other than a | 3 |
| wagering facility, which shall be subject to a pari-mutuel tax | 4 |
| at the rate of 1%, is imposed at all pari-mutuel wagering | 5 |
| facilities, which
shall be remitted to the Department of
| 6 |
| Revenue within 48 hours after the close of the racing day upon | 7 |
| which it is
assessed or within such other time as the Board | 8 |
| prescribes.
| 9 |
| (b) On or before December 31, 1999, in
the event that any | 10 |
| organization
licensee conducts
2 separate programs
of races on | 11 |
| any day, each such program shall be considered a separate
| 12 |
| racing day for purposes of determining the daily handle and | 13 |
| computing
the privilege tax on such daily handle as provided in | 14 |
| subsection (a) of
this Section.
| 15 |
| (c) Licensees shall at all times keep accurate
books
and | 16 |
| records of all monies wagered on each day of a race meeting and | 17 |
| of
the taxes paid to the Department of Revenue under the | 18 |
| provisions of this
Section. The Board or its duly authorized | 19 |
| representative or
representatives shall at all reasonable | 20 |
| times have access to such
records for the purpose of examining | 21 |
| and checking the same and
ascertaining whether the proper | 22 |
| amount of taxes is being paid as
provided. The Board shall | 23 |
| require verified reports and a statement of
the total of all | 24 |
| monies wagered daily at each wagering facility upon which
the | 25 |
| taxes are assessed and may prescribe forms upon which such | 26 |
| reports
and statement shall be made.
| 27 |
| (d) Any licensee failing or refusing to pay the amount
of | 28 |
| any tax due under this Section shall be guilty of a business | 29 |
| offense
and upon conviction shall be fined not more than $5,000 | 30 |
| in addition to
the amount found due as tax under this Section. | 31 |
| Each day's violation
shall constitute a separate offense. All | 32 |
| fines paid into Court by a licensee hereunder shall be | 33 |
| transmitted and paid over by
the Clerk of the Court to the | 34 |
| Board.
|
|
|
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| (e) No other license fee, privilege tax, excise tax, or
| 2 |
| racing fee, except as provided in this Act, shall be assessed | 3 |
| or
collected from any such licensee by the State.
| 4 |
| (f) No other license fee, privilege tax, excise tax or | 5 |
| racing fee shall be
assessed or collected from any such | 6 |
| licensee by units of local government
except as provided in | 7 |
| paragraph 10.1 of subsection (h) and subsection (f) of
Section | 8 |
| 26 of this Act. However, any municipality that has a Board | 9 |
| licensed
horse race meeting at a race track wholly within its | 10 |
| corporate boundaries or a
township that has a Board licensed | 11 |
| horse race meeting at a race track wholly
within the | 12 |
| unincorporated area of the township may charge a local
| 13 |
| amusement tax not to exceed 10˘ per admission to such horse | 14 |
| race meeting
by the enactment of an ordinance. However, any | 15 |
| municipality or county
that has a Board licensed inter-track | 16 |
| wagering location facility wholly
within its corporate | 17 |
| boundaries may each impose an admission fee not
to exceed $1.00 | 18 |
| per admission to such inter-track wagering location facility,
| 19 |
| so that a total of not more than $2.00 per admission may be | 20 |
| imposed.
Except as provided in subparagraph (g) of Section 27 | 21 |
| of this Act, the
inter-track wagering location licensee shall | 22 |
| collect any and all such fees
and within 48 hours remit the | 23 |
| fees to the Board, which shall, pursuant to
rule, cause the | 24 |
| fees to be distributed to the county or municipality.
| 25 |
| (g) Notwithstanding any provision in this Act to the | 26 |
| contrary, if in any
calendar year the total taxes and fees | 27 |
| required to be collected from
licensees and distributed under | 28 |
| this Act to all State and local governmental
authorities | 29 |
| exceeds the amount of such taxes and fees distributed to each | 30 |
| State
and local governmental authority to which each State and | 31 |
| local governmental
authority was entitled under this Act for | 32 |
| calendar year 1994, then the first
$11 million of that excess | 33 |
| amount shall be allocated at the earliest possible
date for | 34 |
| distribution as purse money for the succeeding calendar year.
|
|
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| Upon reaching the 1994 level, and until the excess amount of | 2 |
| taxes and fees
exceeds $11 million, the Board shall direct all | 3 |
| licensees to cease paying the
subject taxes and fees and the | 4 |
| Board shall direct all licensees to allocate any such excess | 5 |
| amount for purses as
follows:
| 6 |
| (i) the excess amount shall be initially divided | 7 |
| between thoroughbred and
standardbred purses based on the | 8 |
| thoroughbred's and standardbred's respective
percentages | 9 |
| of total Illinois live wagering in calendar year 1994;
| 10 |
| (ii) each thoroughbred and standardbred organization | 11 |
| licensee issued an
organization licensee in that | 12 |
| succeeding allocation year shall
be
allocated an amount | 13 |
| equal to the product of its percentage of total
Illinois
| 14 |
| live thoroughbred or standardbred wagering in calendar | 15 |
| year 1994 (the total to
be determined based on the sum of | 16 |
| 1994 on-track wagering for all organization
licensees | 17 |
| issued organization licenses in both the allocation year | 18 |
| and the
preceding year) multiplied by
the total amount | 19 |
| allocated for standardbred or thoroughbred purses, | 20 |
| provided
that the first $1,500,000 of the amount allocated | 21 |
| to standardbred
purses under item (i) shall be allocated to | 22 |
| the Department of
Agriculture to be expended with the | 23 |
| assistance and advice of the Illinois
Standardbred | 24 |
| Breeders Funds Advisory Board for the purposes listed in
| 25 |
| subsection (g) of Section 31 of this Act, before the amount | 26 |
| allocated to
standardbred purses under item (i) is | 27 |
| allocated to standardbred
organization licensees in the | 28 |
| succeeding allocation year.
| 29 |
| To the extent the excess amount of taxes and fees to be | 30 |
| collected and
distributed to State and local governmental | 31 |
| authorities exceeds $11 million,
that excess amount shall be | 32 |
| collected and distributed to State and local
authorities as | 33 |
| provided for under this Act.
| 34 |
| (Source: P.A. 91-40, eff. 6-25-99.)
|
|
|
|
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| (230 ILCS 5/29) (from Ch. 8, par. 37-29)
| 2 |
| Sec. 29. (a) After the privilege or pari-mutuel tax | 3 |
| established in
Sections 26(f), 27, and 27.1 is paid to the | 4 |
| State from
the monies
from wagering other than advance deposit | 5 |
| wagering retained by the
organization licensee pursuant to | 6 |
| Sections 26, 26.2, and
26.3, the remainder of those monies
| 7 |
| retained pursuant to Sections 26 and 26.2, except as
provided | 8 |
| in subsection (g) of Section 27 of this Act, shall be
allocated | 9 |
| evenly to the organization licensee and as purses. Monies from | 10 |
| advance deposit wagering shall be allocated as provided in | 11 |
| subsection (g) of Section 26.
| 12 |
| (b) (Blank).
| 13 |
| (c) (Blank).
| 14 |
| (d) Each organization licensee and inter-track wagering | 15 |
| licensee
from the money retained for purses as
set forth in | 16 |
| subsection (a) of this Section,
shall pay to an
organization | 17 |
| representing the largest number of horse owners and trainers
| 18 |
| which has negotiated a
contract with the organization licensee | 19 |
| for such purpose an amount equal to
at least 1% of the | 20 |
| organization licensee's and inter-track wagering
licensee's | 21 |
| retention of the pari-mutuel
handle
for
the racing season. Each | 22 |
| inter-track wagering location licensee, from the
4% of its | 23 |
| handle required to be paid as purses under paragraph
(11) of
| 24 |
| subsection (h) of Section 26 of this Act, shall pay to the | 25 |
| contractually
established representative organization 2% of | 26 |
| that 4%, provided that the
payments so made to the organization | 27 |
| shall not exceed a total of $125,000 in
any calendar
year. Such | 28 |
| contract shall be negotiated and signed prior to
the beginning | 29 |
| of the racing season.
| 30 |
| (Source: P.A. 91-40, eff. 6-25-99.)
| 31 |
| (230 ILCS 5/31.1) (from Ch. 8, par. 37-31.1)
| 32 |
| Sec. 31.1. (a) Organization licensees
collectively shall |
|
|
|
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| contribute annually to charity the sum of
$750,000
to | 2 |
| non-profit organizations that provide medical and family, | 3 |
| counseling,
and similar services to persons who reside or work | 4 |
| on the backstretch of
Illinois racetracks.
These contributions | 5 |
| shall be collected as follows: (i) no later than July
1st of | 6 |
| each year the Board shall assess each organization licensee, | 7 |
| except
those tracks which are not within 100 miles of each | 8 |
| other which tracks
shall pay $30,000 annually apiece into the | 9 |
| Board charity fund, that amount
which equals $720,000
$690,000
| 10 |
| multiplied by the amount of pari-mutuel wagering
handled by the | 11 |
| organization licensee in the year preceding assessment and
| 12 |
| divided by the total pari-mutuel wagering handled by all | 13 |
| Illinois
organization licensees, except those tracks which are | 14 |
| not within 100 miles of
each other, in the year preceding | 15 |
| assessment; (ii) notice of
the assessed contribution shall be | 16 |
| mailed to each organization licensee;
(iii) within thirty days | 17 |
| of its receipt of such notice, each organization
licensee shall | 18 |
| remit the assessed contribution to the Board. If an
| 19 |
| organization licensee wilfully fails to so remit the | 20 |
| contribution, the
Board may revoke its license to conduct horse | 21 |
| racing.
| 22 |
| (a-5) In addition to any amount specified under subsection | 23 |
| (a), each race track that conducts live racing shall contribute | 24 |
| $81,250 annually to the Board's charity fund, except that those | 25 |
| race tracks that are not within 100 miles of any other race | 26 |
| track shall pay $25,000 annually. In addition, all organization | 27 |
| licensees shall pay $50,000 collectively each year from the | 28 |
| purse accounts for thoroughbred racing to the Board's charity | 29 |
| fund on a pro rata basis, based on the total number of | 30 |
| thoroughbred racing days awarded by the Board in the current | 31 |
| year, and all organization licensees shall pay $50,000 | 32 |
| collectively each year from the purse accounts for standardbred | 33 |
| racing to the Board's charity fund on a pro rata basis, based | 34 |
| on the total number of standardbred racing days awarded by the |
|
|
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| 1 |
| Board in the current year.
| 2 |
| (b) No later than October 1st of each year, any
qualified | 3 |
| charitable organization seeking an allotment of
contributed | 4 |
| funds shall
submit to the Board an application for those funds, | 5 |
| using the
Board's approved
form. No later than December 31st of | 6 |
| each year, the Board shall
distribute all such amounts | 7 |
| collected that year to such charitable
organization | 8 |
| applicants.
| 9 |
| (Source: P.A. 87-110.)
| 10 |
| Section 99. Effective date. This Act takes effect upon | 11 |
| becoming law.".
|
|