Full Text of SB1298 96th General Assembly
SB1298eng 96TH GENERAL ASSEMBLY
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| AN ACT concerning gaming.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 3. The Executive Reorganization Implementation Act | 5 |
| is amended by changing Section 3.1 as follows:
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| (15 ILCS 15/3.1) (from Ch. 127, par. 1803.1)
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| Sec. 3.1. "Agency directly responsible to the Governor" or | 8 |
| "agency" means
any office, officer, division, or part thereof,
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| and any other office, nonelective officer, department, | 10 |
| division, bureau,
board, or commission in the executive branch | 11 |
| of State government,
except that it does not apply to any | 12 |
| agency whose primary function is service
to the General | 13 |
| Assembly or the Judicial Branch of State government, or to
any | 14 |
| agency administered by the Attorney General, Secretary of | 15 |
| State, State
Comptroller or State Treasurer. In addition the | 16 |
| term does not apply to
the following agencies created by law | 17 |
| with the primary responsibility of
exercising regulatory
or | 18 |
| adjudicatory functions independently of the Governor:
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| (1) the State Board of Elections;
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| (2) the State Board of Education;
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| (3) the Illinois Commerce Commission;
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| (4) the Illinois Workers' Compensation
Commission;
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| (5) the Civil Service Commission;
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| (6) the Fair Employment Practices Commission;
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| (7) the Pollution Control Board;
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| (8) the Department of State Police Merit Board ; | 4 |
| (9) the Illinois Racing Board .
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| (Source: P.A. 93-721, eff. 1-1-05.)
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| Section 5. The Illinois Horse Racing Act of 1975 is amended | 7 |
| by changing Sections 2.5, 3.071, 3.077, 3.12, 3.20, 3.22, 3.23, | 8 |
| 26, and 27 and by adding Sections 3.28, 3.29, and 3.30 as | 9 |
| follows: | 10 |
| (230 ILCS 5/2.5 new)
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| Sec. 2.5. Separation from Department of Revenue. On the | 12 |
| effective date of this amendatory Act of the 96th General | 13 |
| Assembly, all of the powers, duties, assets, liabilities, | 14 |
| employees, contracts, property, records, pending business, and | 15 |
| unexpended appropriations of the Department of Revenue related | 16 |
| to the administration and enforcement of this Act are | 17 |
| transferred to the Illinois Racing Board. | 18 |
| The status and rights of the transferred employees, and the | 19 |
| rights of the State of Illinois and its agencies, under the | 20 |
| Personnel Code and applicable collective bargaining agreements | 21 |
| or under any pension, retirement, or annuity plan are not | 22 |
| affected (except as provided in the Illinois Pension Code) by | 23 |
| that transfer or by any other provision of this amendatory Act | 24 |
| of the 96th General Assembly.
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| (230 ILCS 5/3.071) (from Ch. 8, par. 37-3.071)
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| Sec. 3.071. Inter-track wagering. "Inter-track Wagering" | 3 |
| means a legal wager on the outcome of a
simultaneously | 4 |
| televised
horse race taking place at an Illinois race track | 5 |
| placed or accepted at any
location authorized to accept wagers | 6 |
| under this Act, excluding the Illinois
race track at which that | 7 |
| horse race is being conducted and excluding advance deposit | 8 |
| wagering through an advance deposit wagering licensee .
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| (Source: P.A. 89-16, eff. 5-30-95.)
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| (230 ILCS 5/3.077)
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| Sec. 3.077. Non-host licensee. "Non-host licensee" means a | 12 |
| licensee operating concurrently
with a host track , but does not | 13 |
| include an advance deposit wagering licensee .
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| (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)
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| Sec. 3.12. Pari-mutuel system of
wagering.
"Pari-mutuel | 17 |
| system of
wagering" means a form of wagering on the outcome of
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| horse races in which
wagers are made in various
denominations | 19 |
| on a horse or horses
and
all wagers for each race are pooled | 20 |
| and held by a licensee
for distribution in a manner approved by | 21 |
| the Board. Wagers may be placed via any method or at any | 22 |
| location authorized under this 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.
"Licensee" means an individual | 3 |
| organization licensee, an
inter-track wagering licensee, an
or
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| inter-track wagering location licensee , or an advance deposit | 5 |
| wagering 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.
"Wagering facility" means | 9 |
| any location at which a licensee , other than an advance deposit | 10 |
| wagering licensee,
may
accept or receive pari-mutuel wagers | 11 |
| under this Act.
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| (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.
"Wagering" means, collectively, the | 15 |
| pari-mutuel system of
wagering, inter-track wagering, and
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| simulcast wagering , and advance deposit wagering .
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| (Source: P.A. 89-16, eff. 5-30-95.)
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| (230 ILCS 5/3.28 new)
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| Sec. 3.28. Advance deposit wagering licensee. "Advance | 20 |
| deposit wagering licensee" means a person licensed by the Board | 21 |
| to conduct advance deposit wagering. An advance deposit | 22 |
| wagering licensee shall be an organization licensee or a person |
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| or third party who contracts with an organization licensee in | 2 |
| order to conduct advance deposit wagering. | 3 |
| (230 ILCS 5/3.29 new)
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| Sec. 3.29. Advance deposit wagering. "Advance deposit | 5 |
| wagering" means a method of pari-mutuel wagering in which an | 6 |
| individual may establish an account, deposit money into the | 7 |
| account, and use the account balance to pay for pari-mutuel | 8 |
| wagering authorized by this Act. An advance deposit wager may | 9 |
| be placed in person at a wagering facility or from any other | 10 |
| location via a telephone-type device or any other electronic | 11 |
| means. Any person who accepts an advance deposit wager who is | 12 |
| not licensed by the Board as an advance deposit wagering | 13 |
| licensee shall be considered in violation of this Act and the | 14 |
| Criminal Code of 1961. Any advance deposit wager placed in | 15 |
| person at a wagering facility shall be deemed to have been | 16 |
| placed at that wagering facility. | 17 |
| (230 ILCS 5/3.30 new) | 18 |
| Sec. 3.30. Advance deposit wagering terminal. "Advance | 19 |
| deposit wagering terminal" means any electronic device placed | 20 |
| by an advanced deposit wagering licensee at a wagering facility | 21 |
| that facilitates the placement of an advance deposit wager and | 22 |
| that can be electronically tracked so the location of the | 23 |
| wagering facility where the advance deposit wagering terminal | 24 |
| is located can be readily identified and so all wagers placed |
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| through the advance deposit wagering terminal are easily | 2 |
| reportable.
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| (230 ILCS 5/26) (from Ch. 8, par. 37-26)
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| Sec. 26. Wagering.
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| (a) Any licensee may conduct and supervise the pari-mutuel | 6 |
| system of
wagering, as defined in Section 3.12 of this Act, on | 7 |
| horse races conducted by
an Illinois organization
licensee or | 8 |
| conducted at a racetrack located in another state or country | 9 |
| and
televised in Illinois in accordance with subsection (g) of | 10 |
| Section 26 of this
Act. Subject to the prior consent of the | 11 |
| Board, licensees may supplement any
pari-mutuel pool in order | 12 |
| to guarantee a minimum distribution. Such
pari-mutuel method of | 13 |
| wagering shall not,
under any circumstances if conducted under | 14 |
| the provisions of this Act,
be held or construed to be | 15 |
| unlawful, other statutes of this State to the
contrary | 16 |
| notwithstanding.
Subject to rules for advance wagering | 17 |
| promulgated by the Board, any
licensee
may accept wagers in | 18 |
| advance of the day of
the race wagered upon occurs.
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| (b) No other method of betting, pool making, wagering or
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| gambling shall be used or permitted by the licensee. Each | 21 |
| licensee
may retain, subject to the payment of all applicable
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| taxes and purses, an amount not to exceed 17% of all money | 23 |
| wagered
under subsection (a) of this Section, except as may | 24 |
| otherwise be permitted
under this Act.
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| (b-5) An individual may place a wager under the pari-mutuel |
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| system from
any licensed location authorized under this Act | 2 |
| provided that wager is
electronically recorded in the manner | 3 |
| described in Section 3.12 of this Act.
Any wager made | 4 |
| electronically by an individual while physically on the | 5 |
| premises
of a licensee shall be deemed to have been made at the | 6 |
| premises of that
licensee.
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| (c) Until January 1, 2000, the sum held by any licensee for | 8 |
| payment of
outstanding pari-mutuel tickets, if unclaimed prior | 9 |
| to December 31 of the
next year, shall be retained by the | 10 |
| licensee for payment of
such tickets until that date. Within 10 | 11 |
| days thereafter, the balance of
such sum remaining unclaimed, | 12 |
| less any uncashed supplements contributed by such
licensee for | 13 |
| the purpose of guaranteeing minimum distributions
of any | 14 |
| pari-mutuel pool, shall be
paid to the
Illinois
Veterans'
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| Rehabilitation Fund of the State treasury, except as provided | 16 |
| in subsection
(g) of Section 27 of this Act.
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| (c-5) Beginning January 1, 2000, the sum held by any | 18 |
| licensee for payment
of
outstanding pari-mutuel tickets, if | 19 |
| unclaimed prior to December 31 of the
next year, shall be | 20 |
| retained by the licensee for payment of
such tickets until that | 21 |
| date. Within 10 days thereafter, the balance of
such sum | 22 |
| remaining unclaimed, less any uncashed supplements contributed | 23 |
| by such
licensee for the purpose of guaranteeing minimum | 24 |
| distributions
of any pari-mutuel pool, shall be evenly | 25 |
| distributed to the purse account of
the organization licensee | 26 |
| and the organization licensee.
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| (d) A pari-mutuel ticket shall be honored until December 31 | 2 |
| of the
next calendar year, and the licensee shall pay the same | 3 |
| and may
charge the amount thereof against unpaid money | 4 |
| similarly accumulated on account
of pari-mutuel tickets not | 5 |
| presented for payment.
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| (e) No licensee shall knowingly permit any minor, other
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| than an employee of such licensee or an owner, trainer,
jockey, | 8 |
| driver, or employee thereof, to be admitted during a racing
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| program unless accompanied by a parent or guardian, or any | 10 |
| minor to be a
patron of the pari-mutuel system of wagering | 11 |
| conducted or
supervised by it. The admission of any | 12 |
| unaccompanied minor, other than
an employee of the licensee or | 13 |
| an owner, trainer, jockey,
driver, or employee thereof at a | 14 |
| race track is a Class C
misdemeanor.
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| (f) Notwithstanding the other provisions of this Act, an
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| organization licensee may contract
with an entity in another | 17 |
| state or country to permit any legal
wagering entity in another | 18 |
| state or country to accept wagers solely within
such other | 19 |
| state or country on races conducted by the organization | 20 |
| licensee
in this State.
Beginning January 1, 2000, these wagers
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| shall not be subject to State
taxation. Until January 1, 2000,
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| when the out-of-State entity conducts a pari-mutuel pool
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| separate from the organization licensee, a privilege tax equal | 24 |
| to 7 1/2% of
all monies received by the organization licensee | 25 |
| from entities in other states
or countries pursuant to such | 26 |
| contracts is imposed on the organization
licensee, and such |
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| privilege tax shall be remitted to the
Department of Revenue
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| within 48 hours of receipt of the moneys from the simulcast. | 3 |
| When the
out-of-State entity conducts a
combined pari-mutuel | 4 |
| pool with the organization licensee, the tax shall be 10%
of | 5 |
| all monies received by the organization licensee with 25% of | 6 |
| the
receipts from this 10% tax to be distributed to the county
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| in which the race was conducted.
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| An organization licensee may permit one or more of its | 9 |
| races to be
utilized for
pari-mutuel wagering at one or more | 10 |
| locations in other states and may
transmit audio and visual | 11 |
| signals of races the organization licensee
conducts to one or
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| more locations outside the State or country and may also permit | 13 |
| pari-mutuel
pools in other states or countries to be combined | 14 |
| with its gross or net
wagering pools or with wagering pools | 15 |
| established by other states.
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| (g) A host track may accept interstate simulcast wagers on
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| horse
races conducted in other states or countries and shall | 18 |
| control the
number of signals and types of breeds of racing in | 19 |
| its simulcast program,
subject to the disapproval of the Board. | 20 |
| The Board may prohibit a simulcast
program only if it finds | 21 |
| that the simulcast program is clearly
adverse to the integrity | 22 |
| of racing. The host track
simulcast program shall
include the | 23 |
| signal of live racing of all organization licensees.
All | 24 |
| non-host licensees and advance deposit wagering licensees | 25 |
| shall carry the signal of and accept wagers on live racing of | 26 |
| all organization licensees. Advance deposit wagering licensees |
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| shall not be permitted to accept out-of-state wagers on any | 2 |
| Illinois signal provided pursuant to this Section without the | 3 |
| approval and consent of the organization licensee providing the | 4 |
| signal. Non-host licensees may carry the host track simulcast | 5 |
| program and
shall accept wagers on all races included as part | 6 |
| of the simulcast
program upon which wagering is permitted.
All | 7 |
| organization licensees shall provide their live signal to all | 8 |
| advance deposit wagering licensees for a simulcast commission | 9 |
| fee not to exceed 6% of the advance deposit wagering licensee's | 10 |
| Illinois handle on the organization licensee's signal without | 11 |
| prior approval by the Board. The Board may adopt rules under | 12 |
| which it may permit simulcast commission fees in excess of 6%. | 13 |
| The Board shall adopt rules limiting the interstate commission | 14 |
| fees charged to an advance deposit wagering licensee. The Board | 15 |
| shall adopt rules regarding advance deposit wagering on | 16 |
| interstate simulcast races that shall reflect, among other | 17 |
| things, the General Assembly's desire to maximize revenues to | 18 |
| the State, horsemen purses, and organizational licensees. | 19 |
| However, organization licensees providing live signals | 20 |
| pursuant to the requirements of this subsection (g) may | 21 |
| petition the Board to withhold their live signals from an | 22 |
| advance deposit wagering licensee if the organization licensee | 23 |
| discovers and the Board finds reputable or credible information | 24 |
| that the advance deposit wagering licensee is under | 25 |
| investigation by another state or federal governmental agency, | 26 |
| the advance deposit wagering licensee's license has been |
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| suspended in another state, or the advance deposit wagering | 2 |
| licensee's license is in revocation proceedings in another | 3 |
| state. The organization licensee's provision of their live | 4 |
| signal to an advance deposit wagering licensee under this | 5 |
| subsection (g) pertains to wagers placed from within Illinois. | 6 |
| Advance deposit wagering licensees may place advance deposit | 7 |
| wagering terminals at wagering facilities as a convenience to | 8 |
| customers. The advance deposit wagering licensee shall not | 9 |
| charge or collect any fee from purses for the placement of the | 10 |
| advance deposit wagering terminals. The costs and expenses
of | 11 |
| the host track and non-host licensees associated
with | 12 |
| interstate simulcast
wagering, other than the interstate
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| commission fee, shall be borne by the host track and all
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| non-host licensees
incurring these costs.
The interstate | 15 |
| commission fee shall not exceed 5% of Illinois handle on the
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| interstate simulcast race or races without prior approval of | 17 |
| the Board. The
Board shall promulgate rules under which it may | 18 |
| permit
interstate commission
fees in excess of 5%. The | 19 |
| interstate commission
fee and other fees charged by the sending | 20 |
| racetrack, including, but not
limited to, satellite decoder | 21 |
| fees, shall be uniformly applied
to the host track and all | 22 |
| non-host licensees.
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| Notwithstanding any other provision of this Act, for a | 24 |
| period of 3 years after the effective date of this amendatory | 25 |
| Act of the 96th General Assembly, an organization licensee may | 26 |
| maintain a system whereby advance deposit wagering may take |
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| place or an organization licensee, with the consent of the | 2 |
| horsemen association representing the largest number of | 3 |
| owners, trainers, jockeys, or standardbred drivers who race | 4 |
| horses at that organization licensee's racing meeting, may | 5 |
| contract with another person to carry out a system of advance | 6 |
| deposit wagering. Such consent may not be unreasonably | 7 |
| withheld. All advance deposit wagers placed from within | 8 |
| Illinois must be placed through a Board-approved advance | 9 |
| deposit wagering licensee; no other entity may accept an | 10 |
| advance deposit wager from a person within Illinois. All | 11 |
| advance deposit wagering is subject to any rules adopted by the | 12 |
| Board. The Board may adopt rules necessary to regulate advance | 13 |
| deposit wagering through the use of emergency rulemaking in | 14 |
| accordance with Section 5-45 of the Illinois Administrative | 15 |
| Procedure Act. The General Assembly finds that the adoption of | 16 |
| rules to regulate advance deposit wagering is deemed an | 17 |
| emergency and necessary for the public interest, safety, and | 18 |
| welfare. An advance deposit wagering licensee may retain all | 19 |
| moneys as agreed to by contract with an organization licensee. | 20 |
| Any moneys retained by the organization licensee from advance | 21 |
| deposit wagering, not including moneys retained by the advance | 22 |
| deposit wagering licensee, shall be paid 50% to the | 23 |
| organization licensee's purse account and 50% to the | 24 |
| organization licensee. If more than one breed races at the same | 25 |
| race track facility, then the 50% of the moneys to be paid to | 26 |
| an organization licensee's purse account shall be allocated |
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| among all organization licensees' purse accounts operating at | 2 |
| that race track facility proportionately based on the actual | 3 |
| number of host days that the Board grants to that breed at that | 4 |
| race track facility in the current calendar year. To the extent | 5 |
| any fees from advance deposit wagering conducted in Illinois | 6 |
| for wagers in Illinois or other states have been placed in | 7 |
| escrow or otherwise withheld from wagers pending a | 8 |
| determination of the legality of advance deposit wagering, no | 9 |
| action shall be brought to declare such wagers or the | 10 |
| disbursement of any fees previously escrowed illegal.
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| (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
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| intertrack wagering
licensee other than the host track may | 13 |
| supplement the host track simulcast
program with | 14 |
| additional simulcast races or race programs, provided that | 15 |
| between
January 1 and the third Friday in February of any | 16 |
| year, inclusive, if no live
thoroughbred racing is | 17 |
| occurring in Illinois during this period, only
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| thoroughbred races may be used
for supplemental interstate | 19 |
| simulcast purposes. The Board shall withhold
approval for a | 20 |
| supplemental interstate simulcast only if it finds that the
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| simulcast is clearly adverse to the integrity of racing. A | 22 |
| supplemental
interstate simulcast may be transmitted from | 23 |
| an intertrack wagering licensee to
its affiliated non-host | 24 |
| licensees. The interstate commission fee for a
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| supplemental interstate simulcast shall be paid by the | 26 |
| non-host licensee and
its affiliated non-host licensees |
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| receiving the simulcast.
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| (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
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| intertrack wagering
licensee other than the host track may | 4 |
| receive supplemental interstate
simulcasts only with the | 5 |
| consent of the host track, except when the Board
finds that | 6 |
| the simulcast is
clearly adverse to the integrity of | 7 |
| racing. Consent granted under this
paragraph (2) to any | 8 |
| intertrack wagering licensee shall be deemed consent to
all | 9 |
| non-host licensees. The interstate commission fee for the | 10 |
| supplemental
interstate simulcast shall be paid
by all | 11 |
| participating non-host licensees.
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| (3) Each licensee conducting interstate simulcast | 13 |
| wagering may retain,
subject to the payment of all | 14 |
| applicable taxes and the purses, an amount not to
exceed | 15 |
| 17% of all money wagered. If any licensee conducts the | 16 |
| pari-mutuel
system wagering on races conducted at | 17 |
| racetracks in another state or country,
each such race or | 18 |
| race program shall be considered a separate racing day for
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| the purpose of determining the daily handle and computing | 20 |
| the privilege tax of
that daily handle as provided in | 21 |
| subsection (a) of Section 27.
Until January 1, 2000,
from | 22 |
| the sums permitted to be retained pursuant to this | 23 |
| subsection, each
intertrack wagering location licensee | 24 |
| shall pay 1% of the pari-mutuel handle
wagered on simulcast | 25 |
| wagering to the Horse Racing Tax Allocation Fund, subject
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| to the provisions of subparagraph (B) of paragraph (11) of |
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| subsection (h) of
Section 26 of this Act.
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| (4) A licensee who receives an interstate simulcast may | 3 |
| combine its gross
or net pools with pools at the sending | 4 |
| racetracks pursuant to rules established
by the Board. All | 5 |
| licensees combining their gross pools
at a
sending | 6 |
| racetrack shall adopt the take-out percentages of the | 7 |
| sending
racetrack.
A licensee may also establish a separate | 8 |
| pool and takeout structure for
wagering purposes on races | 9 |
| conducted at race tracks outside of the
State of Illinois. | 10 |
| The licensee may permit pari-mutuel wagers placed in other
| 11 |
| states or
countries to be combined with its gross or net | 12 |
| wagering pools or other
wagering pools.
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| (5) After the payment of the interstate commission fee | 14 |
| (except for the
interstate commission
fee on a supplemental | 15 |
| interstate simulcast, which shall be paid by the host
track | 16 |
| and by each non-host licensee through the host-track) and | 17 |
| all applicable
State and local
taxes, except as provided in | 18 |
| subsection (g) of Section 27 of this Act, the
remainder of | 19 |
| moneys retained from simulcast wagering pursuant to this
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| subsection (g), and Section 26.2 shall be divided as | 21 |
| follows:
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| (A) For interstate simulcast wagers made at a host | 23 |
| track, 50% to the
host
track and 50% to purses at the | 24 |
| host track.
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| (B) For wagers placed on interstate simulcast | 26 |
| races, supplemental
simulcasts as defined in |
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| subparagraphs (1) and (2), and separately pooled races
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| conducted outside of the State of Illinois made at a | 3 |
| non-host
licensee, 25% to the host
track, 25% to the | 4 |
| non-host licensee, and 50% to the purses at the host | 5 |
| track.
| 6 |
| (6) Notwithstanding any provision in this Act to the | 7 |
| contrary, non-host
licensees
who derive their licenses | 8 |
| from a track located in a county with a population in
| 9 |
| excess of 230,000 and that borders the Mississippi River | 10 |
| may receive
supplemental interstate simulcast races at all | 11 |
| times subject to Board approval,
which shall be withheld | 12 |
| only upon a finding that a supplemental interstate
| 13 |
| simulcast is clearly adverse to the integrity of racing.
| 14 |
| (7) Notwithstanding any provision of this Act to the | 15 |
| contrary, after
payment of all applicable State and local | 16 |
| taxes and interstate commission fees,
non-host licensees | 17 |
| who derive their licenses from a track located in a county
| 18 |
| with a population in excess of 230,000 and that borders the | 19 |
| Mississippi River
shall retain 50% of the retention from | 20 |
| interstate simulcast wagers and shall
pay 50% to purses at | 21 |
| the track from which the non-host licensee derives its
| 22 |
| license as follows:
| 23 |
| (A) Between January 1 and the third Friday in | 24 |
| February, inclusive, if no
live thoroughbred racing is | 25 |
| occurring in Illinois during this period, when the
| 26 |
| interstate simulcast is a standardbred race, the purse |
|
|
|
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LRB096 10399 AMC 20569 b |
|
| 1 |
| share to its
standardbred purse account;
| 2 |
| (B) Between January 1 and the third Friday in | 3 |
| February, inclusive, if no
live thoroughbred racing is | 4 |
| occurring in Illinois during this period, and the
| 5 |
| interstate simulcast is a thoroughbred race, the purse | 6 |
| share to its interstate
simulcast purse pool to be | 7 |
| distributed under paragraph (10) of this subsection
| 8 |
| (g);
| 9 |
| (C) Between January 1 and the third Friday in | 10 |
| February, inclusive, if
live thoroughbred racing is | 11 |
| occurring in Illinois, between 6:30 a.m. and 6:30
p.m. | 12 |
| the purse share from wagers made during this time | 13 |
| period to its
thoroughbred purse account and between | 14 |
| 6:30 p.m. and 6:30 a.m. the purse share
from wagers | 15 |
| made during this time period to its standardbred purse | 16 |
| accounts;
| 17 |
| (D) Between the third Saturday in February and | 18 |
| December 31, when the
interstate simulcast occurs | 19 |
| between the hours of 6:30 a.m. and 6:30 p.m., the
purse | 20 |
| share to its thoroughbred purse account;
| 21 |
| (E) Between the third Saturday in February and | 22 |
| December 31, when the
interstate simulcast occurs | 23 |
| between the hours of 6:30 p.m. and 6:30 a.m., the
purse | 24 |
| share to its standardbred purse account.
| 25 |
| (7.1) Notwithstanding any other provision of this Act | 26 |
| to the contrary,
if
no
standardbred racing is conducted at |
|
|
|
SB1298 Engrossed |
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LRB096 10399 AMC 20569 b |
|
| 1 |
| a racetrack located in Madison County
during any
calendar | 2 |
| year beginning on or after January 1, 2002, all
moneys | 3 |
| derived by
that racetrack from simulcast wagering and | 4 |
| inter-track wagering that (1) are to
be used
for purses and | 5 |
| (2) are generated between the hours of 6:30 p.m. and 6:30 | 6 |
| a.m.
during that
calendar year shall
be paid as follows:
| 7 |
| (A) If the licensee that conducts horse racing at | 8 |
| that racetrack
requests from the Board at least as many | 9 |
| racing dates as were conducted in
calendar year 2000, | 10 |
| 80% shall be paid to its thoroughbred purse account; | 11 |
| and
| 12 |
| (B) Twenty percent shall be deposited into the | 13 |
| Illinois Colt Stakes
Purse
Distribution
Fund and shall | 14 |
| be paid to purses for standardbred races for Illinois | 15 |
| conceived
and foaled horses conducted at any county | 16 |
| fairgrounds.
The moneys deposited into the Fund | 17 |
| pursuant to this subparagraph (B) shall be
deposited
| 18 |
| within 2
weeks after the day they were generated, shall | 19 |
| be in addition to and not in
lieu of any other
moneys | 20 |
| paid to standardbred purses under this Act, and shall | 21 |
| not be commingled
with other moneys paid into that | 22 |
| Fund. The moneys deposited
pursuant to this | 23 |
| subparagraph (B) shall be allocated as provided by the
| 24 |
| Department of Agriculture, with the advice and | 25 |
| assistance of the Illinois
Standardbred
Breeders Fund | 26 |
| Advisory Board.
|
|
|
|
SB1298 Engrossed |
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LRB096 10399 AMC 20569 b |
|
| 1 |
| (7.2) Notwithstanding any other provision of this Act | 2 |
| to the contrary, if
no
thoroughbred racing is conducted at | 3 |
| a racetrack located in Madison County
during any
calendar | 4 |
| year beginning on or after January 1,
2002, all
moneys | 5 |
| derived by
that racetrack from simulcast wagering and | 6 |
| inter-track wagering that (1) are to
be used
for purses and | 7 |
| (2) are generated between the hours of 6:30 a.m. and 6:30 | 8 |
| p.m.
during that
calendar year shall
be deposited as | 9 |
| follows:
| 10 |
| (A) If the licensee that conducts horse racing at | 11 |
| that racetrack
requests from the
Board at least
as many | 12 |
| racing dates as were conducted in calendar year 2000, | 13 |
| 80%
shall be deposited into its standardbred purse
| 14 |
| account; and
| 15 |
| (B) Twenty percent shall be deposited into the | 16 |
| Illinois Colt Stakes
Purse
Distribution Fund. Moneys | 17 |
| deposited into the Illinois Colt Stakes Purse
| 18 |
| Distribution Fund
pursuant to this subparagraph (B) | 19 |
| shall be paid to Illinois
conceived and foaled | 20 |
| thoroughbred breeders' programs
and to thoroughbred | 21 |
| purses for races conducted at any county fairgrounds | 22 |
| for
Illinois conceived
and foaled horses at the | 23 |
| discretion of the
Department of Agriculture, with the | 24 |
| advice and assistance of
the Illinois Thoroughbred | 25 |
| Breeders Fund Advisory
Board. The moneys deposited | 26 |
| into the Illinois Colt Stakes Purse Distribution
Fund
|
|
|
|
SB1298 Engrossed |
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LRB096 10399 AMC 20569 b |
|
| 1 |
| pursuant to this subparagraph (B) shall be deposited | 2 |
| within 2 weeks
after the day they were generated, shall | 3 |
| be in addition to and not in
lieu of any other moneys | 4 |
| paid to thoroughbred purses
under this Act, and shall | 5 |
| not be commingled with other moneys deposited into
that | 6 |
| Fund.
| 7 |
| (7.3) If no live standardbred racing is conducted at a | 8 |
| racetrack located
in
Madison
County in calendar year 2000 | 9 |
| or 2001,
an organization licensee who is licensed
to | 10 |
| conduct horse racing at that racetrack shall, before | 11 |
| January 1, 2002, pay
all
moneys derived from simulcast | 12 |
| wagering and inter-track wagering in calendar
years 2000 | 13 |
| and 2001 and
paid into the licensee's standardbred purse | 14 |
| account as follows:
| 15 |
| (A) Eighty percent to that licensee's thoroughbred | 16 |
| purse account to
be used for thoroughbred purses; and
| 17 |
| (B) Twenty percent to the Illinois Colt Stakes | 18 |
| Purse Distribution
Fund.
| 19 |
| Failure to make the payment to the Illinois Colt Stakes | 20 |
| Purse Distribution
Fund before January 1, 2002
shall
result | 21 |
| in the immediate revocation of the licensee's organization
| 22 |
| license, inter-track wagering license, and inter-track | 23 |
| wagering location
license.
| 24 |
| Moneys paid into the Illinois
Colt Stakes Purse | 25 |
| Distribution Fund pursuant to this
paragraph (7.3) shall be | 26 |
| paid to purses for standardbred
races for Illinois |
|
|
|
SB1298 Engrossed |
- 21 - |
LRB096 10399 AMC 20569 b |
|
| 1 |
| conceived and foaled horses conducted
at any county
| 2 |
| fairgrounds.
Moneys paid into the Illinois
Colt Stakes | 3 |
| Purse Distribution Fund pursuant to this
paragraph (7.3) | 4 |
| shall be used as determined by the
Department of | 5 |
| Agriculture, with the advice and assistance of the
Illinois | 6 |
| Standardbred Breeders Fund Advisory Board, shall be in | 7 |
| addition to
and not in lieu of any other moneys paid to | 8 |
| standardbred purses under this Act,
and shall not be | 9 |
| commingled
with any other moneys paid into that Fund.
| 10 |
| (7.4) If live standardbred racing is conducted at a | 11 |
| racetrack located in
Madison
County at any time in calendar | 12 |
| year 2001 before the payment required
under
paragraph (7.3) | 13 |
| has been made, the organization licensee who is licensed to
| 14 |
| conduct
racing at that racetrack shall pay all moneys | 15 |
| derived by that racetrack from
simulcast
wagering and | 16 |
| inter-track wagering during calendar years 2000 and 2001 | 17 |
| that (1)
are to be
used for purses and (2) are generated | 18 |
| between the hours of 6:30 p.m. and 6:30
a.m.
during 2000 or | 19 |
| 2001 to the standardbred purse account at that
racetrack to
| 20 |
| be used for standardbred purses.
| 21 |
| (8) Notwithstanding any provision in this Act to the | 22 |
| contrary, an
organization licensee from a track located in | 23 |
| a county with a population in
excess of 230,000 and that | 24 |
| borders the Mississippi River and its affiliated
non-host | 25 |
| licensees shall not be entitled to share in any retention | 26 |
| generated on
racing, inter-track wagering, or simulcast |
|
|
|
SB1298 Engrossed |
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LRB096 10399 AMC 20569 b |
|
| 1 |
| wagering at any other Illinois
wagering facility.
| 2 |
| (8.1) Notwithstanding any provisions in this Act to the | 3 |
| contrary, if 2
organization licensees
are conducting | 4 |
| standardbred race meetings concurrently
between the hours | 5 |
| of 6:30 p.m. and 6:30 a.m., after payment of all applicable
| 6 |
| State and local taxes and interstate commission fees, the | 7 |
| remainder of the
amount retained from simulcast wagering | 8 |
| otherwise attributable to the host
track and to host track | 9 |
| purses shall be split daily between the 2
organization | 10 |
| licensees and the purses at the tracks of the 2 | 11 |
| organization
licensees, respectively, based on each | 12 |
| organization licensee's share
of the total live handle for | 13 |
| that day,
provided that this provision shall not apply to | 14 |
| any non-host licensee that
derives its license from a track | 15 |
| located in a county with a population in
excess of 230,000 | 16 |
| and that borders the Mississippi River.
| 17 |
| (9) (Blank).
| 18 |
| (10) (Blank).
| 19 |
| (11) (Blank).
| 20 |
| (12) The Board shall have authority to compel all host | 21 |
| tracks to receive
the simulcast of any or all races | 22 |
| conducted at the Springfield or DuQuoin State
fairgrounds | 23 |
| and include all such races as part of their simulcast | 24 |
| programs.
| 25 |
| (13) Notwithstanding any other provision of this Act, | 26 |
| in the event that
the total Illinois pari-mutuel handle on |
|
|
|
SB1298 Engrossed |
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LRB096 10399 AMC 20569 b |
|
| 1 |
| Illinois horse races at all wagering
facilities in any | 2 |
| calendar year is less than 75% of the total Illinois
| 3 |
| pari-mutuel handle on Illinois horse races at all such | 4 |
| wagering facilities for
calendar year 1994, then each | 5 |
| wagering facility that has an annual total
Illinois | 6 |
| pari-mutuel handle on Illinois horse races that is less | 7 |
| than 75% of
the total Illinois pari-mutuel handle on | 8 |
| Illinois horse races at such wagering
facility for calendar | 9 |
| year 1994, shall be permitted to receive, from any amount
| 10 |
| otherwise
payable to the purse account at the race track | 11 |
| with which the wagering facility
is affiliated in the | 12 |
| succeeding calendar year, an amount equal to 2% of the
| 13 |
| differential in total Illinois pari-mutuel handle on | 14 |
| Illinois horse
races at the wagering facility between that | 15 |
| calendar year in question and 1994
provided, however, that | 16 |
| a
wagering facility shall not be entitled to any such | 17 |
| payment until the Board
certifies in writing to the | 18 |
| wagering facility the amount to which the wagering
facility | 19 |
| is entitled
and a schedule for payment of the amount to the | 20 |
| wagering facility, based on:
(i) the racing dates awarded | 21 |
| to the race track affiliated with the wagering
facility | 22 |
| during the succeeding year; (ii) the sums available or | 23 |
| anticipated to
be available in the purse account of the | 24 |
| race track affiliated with the
wagering facility for purses | 25 |
| during the succeeding year; and (iii) the need to
ensure | 26 |
| reasonable purse levels during the payment period.
The |
|
|
|
SB1298 Engrossed |
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LRB096 10399 AMC 20569 b |
|
| 1 |
| Board's certification
shall be provided no later than | 2 |
| January 31 of the succeeding year.
In the event a wagering | 3 |
| facility entitled to a payment under this paragraph
(13) is | 4 |
| affiliated with a race track that maintains purse accounts | 5 |
| for both
standardbred and thoroughbred racing, the amount | 6 |
| to be paid to the wagering
facility shall be divided | 7 |
| between each purse account pro rata, based on the
amount of | 8 |
| Illinois handle on Illinois standardbred and thoroughbred | 9 |
| racing
respectively at the wagering facility during the | 10 |
| previous calendar year.
Annually, the General Assembly | 11 |
| shall appropriate sufficient funds from the
General | 12 |
| Revenue Fund to the Department of Agriculture for payment | 13 |
| into the
thoroughbred and standardbred horse racing purse | 14 |
| accounts at
Illinois pari-mutuel tracks. The amount paid to | 15 |
| each purse account shall be
the amount certified by the | 16 |
| Illinois Racing Board in January to be
transferred from | 17 |
| each account to each eligible racing facility in
accordance | 18 |
| with the provisions of this Section.
| 19 |
| (h) The Board may approve and license the conduct of | 20 |
| inter-track wagering
and simulcast wagering by inter-track | 21 |
| wagering licensees and inter-track
wagering location licensees | 22 |
| subject to the following terms and conditions:
| 23 |
| (1) Any person licensed to conduct a race meeting (i) | 24 |
| at a track where
60 or more days of racing were conducted | 25 |
| during the immediately preceding
calendar year or where | 26 |
| over the 5 immediately preceding calendar years an
average |
|
|
|
SB1298 Engrossed |
- 25 - |
LRB096 10399 AMC 20569 b |
|
| 1 |
| of 30 or more days of racing were conducted annually may be | 2 |
| issued an
inter-track wagering license; (ii) at a track
| 3 |
| located in a county that is bounded by the Mississippi | 4 |
| River, which has a
population of less than 150,000 | 5 |
| according to the 1990 decennial census, and an
average of | 6 |
| at least 60 days of racing per year between 1985 and 1993 | 7 |
| may be
issued an inter-track wagering license; or (iii) at | 8 |
| a track
located in Madison
County that conducted at least | 9 |
| 100 days of live racing during the immediately
preceding
| 10 |
| calendar year may be issued an inter-track wagering | 11 |
| license, unless a lesser
schedule of
live racing is the | 12 |
| result of (A) weather, unsafe track conditions, or other
| 13 |
| acts of God; (B)
an agreement between the organization | 14 |
| licensee and the associations
representing the
largest | 15 |
| number of owners, trainers, jockeys, or standardbred | 16 |
| drivers who race
horses at
that organization licensee's | 17 |
| racing meeting; or (C) a finding by the Board of
| 18 |
| extraordinary circumstances and that it was in the best | 19 |
| interest of the public
and the sport to conduct fewer than | 20 |
| 100 days of live racing. Any such person
having operating | 21 |
| control of the racing facility may also receive up to 6
| 22 |
| inter-track wagering
location licenses. In no event shall | 23 |
| more than 6 inter-track wagering
locations be established | 24 |
| for each eligible race track, except that an
eligible race | 25 |
| track located in a county that has a population of more | 26 |
| than
230,000 and that is bounded by the Mississippi River |
|
|
|
SB1298 Engrossed |
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LRB096 10399 AMC 20569 b |
|
| 1 |
| may establish up to 7
inter-track wagering locations.
An | 2 |
| application for
said license shall be filed with the Board | 3 |
| prior to such dates as may be
fixed by the Board. With an | 4 |
| application for an inter-track
wagering
location license | 5 |
| there shall be delivered to the Board a certified check or
| 6 |
| bank draft payable to the order of the Board for an amount | 7 |
| equal to $500.
The application shall be on forms prescribed | 8 |
| and furnished by the Board. The
application shall comply | 9 |
| with all other rules,
regulations and conditions imposed by | 10 |
| the Board in connection therewith.
| 11 |
| (2) The Board shall examine the applications with | 12 |
| respect to their
conformity with this Act and the rules and | 13 |
| regulations imposed by the
Board. If found to be in | 14 |
| compliance with the Act and rules and regulations
of the | 15 |
| Board, the Board may then issue a license to conduct | 16 |
| inter-track
wagering and simulcast wagering to such | 17 |
| applicant. All such applications
shall be acted upon by the | 18 |
| Board at a meeting to be held on such date as may be
fixed | 19 |
| by the Board.
| 20 |
| (3) In granting licenses to conduct inter-track | 21 |
| wagering and simulcast
wagering, the Board shall give due | 22 |
| consideration to
the best interests of the
public, of horse | 23 |
| racing, and of maximizing revenue to the State.
| 24 |
| (4) Prior to the issuance of a license to conduct | 25 |
| inter-track wagering
and simulcast wagering,
the applicant | 26 |
| shall file with the Board a bond payable to the State of |
|
|
|
SB1298 Engrossed |
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LRB096 10399 AMC 20569 b |
|
| 1 |
| Illinois
in the sum of $50,000, executed by the applicant | 2 |
| and a surety company or
companies authorized to do business | 3 |
| in this State, and conditioned upon
(i) the payment by the | 4 |
| licensee of all taxes due under Section 27 or 27.1
and any | 5 |
| other monies due and payable under this Act, and (ii)
| 6 |
| distribution by the licensee, upon presentation of the | 7 |
| winning ticket or
tickets, of all sums payable to the | 8 |
| patrons of pari-mutuel pools.
| 9 |
| (5) Each license to conduct inter-track wagering and | 10 |
| simulcast
wagering shall specify the person
to whom it is | 11 |
| issued, the dates on which such wagering is permitted, and
| 12 |
| the track or location where the wagering is to be | 13 |
| conducted.
| 14 |
| (6) All wagering under such license is subject to this | 15 |
| Act and to the
rules and regulations from time to time | 16 |
| prescribed by the Board, and every
such license issued by | 17 |
| the Board shall contain a recital to that effect.
| 18 |
| (7) An inter-track wagering licensee or inter-track | 19 |
| wagering location
licensee may accept wagers at the track | 20 |
| or location
where it is licensed, or as otherwise provided | 21 |
| under this Act.
| 22 |
| (8) Inter-track wagering or simulcast wagering shall | 23 |
| not be
conducted
at any track less than 5 miles from a | 24 |
| track at which a racing meeting is in
progress.
| 25 |
| (8.1) Inter-track wagering location
licensees who | 26 |
| derive their licenses from a particular organization |
|
|
|
SB1298 Engrossed |
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LRB096 10399 AMC 20569 b |
|
| 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 |
|
|
|
SB1298 Engrossed |
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LRB096 10399 AMC 20569 b |
|
| 1 |
| programs, residential purposes, or
conducting inter-track | 2 |
| wagering by an inter-track wagering location
licensee, and | 3 |
| not to property boundaries. However, inter-track wagering | 4 |
| or
simulcast wagering may be conducted at a site within 500 | 5 |
| feet of
a church, school or residences
of 50 or more | 6 |
| registered voters if such church, school
or residences have | 7 |
| been erected
or established, or such voters have been | 8 |
| registered, after
the Board issues
the original | 9 |
| inter-track wagering location license at the site in | 10 |
| question.
Inter-track wagering location licensees may | 11 |
| conduct inter-track wagering
and simulcast wagering only | 12 |
| in areas that are zoned for
commercial or manufacturing | 13 |
| purposes or
in areas for which a special use has been | 14 |
| approved by the local zoning
authority. However, no license | 15 |
| to conduct inter-track wagering and simulcast
wagering | 16 |
| shall be
granted by the Board with respect to any | 17 |
| inter-track wagering location
within the jurisdiction of | 18 |
| any local zoning authority which has, by
ordinance or by | 19 |
| resolution, prohibited the establishment of an inter-track
| 20 |
| wagering location within its jurisdiction. However, | 21 |
| inter-track wagering
and simulcast wagering may be | 22 |
| conducted at a site if such ordinance or
resolution is | 23 |
| enacted after
the Board licenses the original inter-track | 24 |
| wagering location
licensee for the site in question.
| 25 |
| (9) (Blank).
| 26 |
| (10) An inter-track wagering licensee or an |
|
|
|
SB1298 Engrossed |
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LRB096 10399 AMC 20569 b |
|
| 1 |
| inter-track wagering
location licensee may retain, subject | 2 |
| to the
payment of the privilege taxes and the purses, an | 3 |
| amount not to
exceed 17% of all money wagered. Each program | 4 |
| of racing conducted by
each inter-track wagering licensee | 5 |
| or inter-track wagering location
licensee shall be | 6 |
| considered a separate racing day for the purpose of
| 7 |
| determining the daily handle and computing the privilege | 8 |
| tax or pari-mutuel
tax on such daily
handle as provided in | 9 |
| Section 27.
| 10 |
| (10.1) Except as provided in subsection (g) of Section | 11 |
| 27 of this Act,
inter-track wagering location licensees | 12 |
| shall pay 1% of the
pari-mutuel handle at each location to | 13 |
| the municipality in which such
location is situated and 1% | 14 |
| of the pari-mutuel handle at each location to
the county in | 15 |
| which such location is situated. In the event that an
| 16 |
| inter-track wagering location licensee is situated in an | 17 |
| unincorporated
area of a county, such licensee shall pay 2% | 18 |
| of the pari-mutuel handle from
such location to such | 19 |
| county.
| 20 |
| (10.2) Notwithstanding any other provision of this | 21 |
| Act, with respect to
intertrack wagering at a race track | 22 |
| located in a
county that has a population of
more than | 23 |
| 230,000 and that is bounded by the Mississippi River ("the | 24 |
| first race
track"), or at a facility operated by an | 25 |
| inter-track wagering licensee or
inter-track wagering | 26 |
| location licensee that derives its license from the
|
|
|
|
SB1298 Engrossed |
- 31 - |
LRB096 10399 AMC 20569 b |
|
| 1 |
| organization licensee that operates the first race track, | 2 |
| on races conducted at
the first race track or on races | 3 |
| conducted at another Illinois race track
and | 4 |
| simultaneously televised to the first race track or to a | 5 |
| facility operated
by an inter-track wagering licensee or | 6 |
| inter-track wagering location licensee
that derives its | 7 |
| license from the organization licensee that operates the | 8 |
| first
race track, those moneys shall be allocated as | 9 |
| follows:
| 10 |
| (A) That portion of all moneys wagered on | 11 |
| standardbred racing that is
required under this Act to | 12 |
| be paid to purses shall be paid to purses for
| 13 |
| standardbred races.
| 14 |
| (B) That portion of all moneys wagered on | 15 |
| thoroughbred racing
that is required under this Act to | 16 |
| be paid to purses shall be paid to purses
for | 17 |
| thoroughbred races.
| 18 |
| (11) (A) After payment of the privilege or pari-mutuel | 19 |
| tax, any other
applicable
taxes, and
the costs and expenses | 20 |
| in connection with the gathering, transmission, and
| 21 |
| dissemination of all data necessary to the conduct of | 22 |
| inter-track wagering,
the remainder of the monies retained | 23 |
| under either Section 26 or Section 26.2
of this Act by the | 24 |
| inter-track wagering licensee on inter-track wagering
| 25 |
| shall be allocated with 50% to be split between the
2 | 26 |
| participating licensees and 50% to purses, except
that an |
|
|
|
SB1298 Engrossed |
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LRB096 10399 AMC 20569 b |
|
| 1 |
| intertrack wagering licensee that derives its
license from | 2 |
| a track located in a county with a population in excess of | 3 |
| 230,000
and that borders the Mississippi River shall not | 4 |
| divide any remaining
retention with the Illinois | 5 |
| organization licensee that provides the race or
races, and | 6 |
| an intertrack wagering licensee that accepts wagers on | 7 |
| races
conducted by an organization licensee that conducts a | 8 |
| race meet in a county
with a population in excess of | 9 |
| 230,000 and that borders the Mississippi River
shall not | 10 |
| divide any remaining retention with that organization | 11 |
| licensee.
| 12 |
| (B) From the
sums permitted to be retained pursuant to | 13 |
| this Act each inter-track wagering
location licensee shall | 14 |
| pay (i) the privilege or pari-mutuel tax to the
State; (ii) | 15 |
| 4.75% of the
pari-mutuel handle on intertrack wagering at | 16 |
| such location on
races as purses, except that
an intertrack | 17 |
| wagering location licensee that derives its license from a
| 18 |
| track located in a county with a population in excess of | 19 |
| 230,000 and that
borders the Mississippi River shall retain | 20 |
| all purse moneys for its own purse
account consistent with | 21 |
| distribution set forth in this subsection (h), and
| 22 |
| intertrack wagering location licensees that accept wagers | 23 |
| on races
conducted
by an organization licensee located in a | 24 |
| county with a population in excess of
230,000 and that | 25 |
| borders the Mississippi River shall distribute all purse
| 26 |
| moneys to purses at the operating host track; (iii) until |
|
|
|
SB1298 Engrossed |
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LRB096 10399 AMC 20569 b |
|
| 1 |
| January 1, 2000,
except as
provided in
subsection (g) of | 2 |
| Section 27 of this Act, 1% of the
pari-mutuel handle | 3 |
| wagered on inter-track wagering and simulcast wagering at
| 4 |
| each inter-track wagering
location licensee facility to | 5 |
| the Horse Racing Tax Allocation Fund, provided
that, to the | 6 |
| extent the total amount collected and distributed to the | 7 |
| Horse
Racing Tax Allocation Fund under this subsection (h) | 8 |
| during any calendar year
exceeds the amount collected and | 9 |
| distributed to the Horse Racing Tax Allocation
Fund during | 10 |
| calendar year 1994, that excess amount shall be | 11 |
| redistributed (I)
to all inter-track wagering location | 12 |
| licensees, based on each licensee's
pro-rata share of the | 13 |
| total handle from inter-track wagering and simulcast
| 14 |
| wagering for all inter-track wagering location licensees | 15 |
| during the calendar
year in which this provision is | 16 |
| applicable; then (II) the amounts redistributed
to each | 17 |
| inter-track wagering location licensee as described in | 18 |
| subpart (I)
shall be further redistributed as provided in | 19 |
| subparagraph (B) of paragraph (5)
of subsection (g) of this | 20 |
| Section 26 provided first, that the shares of those
| 21 |
| amounts, which are to be redistributed to the host track or | 22 |
| to purses at the
host track under subparagraph (B) of | 23 |
| paragraph (5) of subsection (g) of this
Section 26 shall be
| 24 |
| redistributed based on each host track's pro rata share of | 25 |
| the total
inter-track
wagering and simulcast wagering | 26 |
| handle at all host tracks during the calendar
year in |
|
|
|
SB1298 Engrossed |
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LRB096 10399 AMC 20569 b |
|
| 1 |
| question, and second, that any amounts redistributed as | 2 |
| described in
part (I) to an inter-track wagering location | 3 |
| licensee that accepts
wagers on races conducted by an | 4 |
| organization licensee that conducts a race meet
in a county | 5 |
| with a population in excess of 230,000 and that borders the
| 6 |
| Mississippi River shall be further redistributed as | 7 |
| provided in subparagraphs
(D) and (E) of paragraph (7) of | 8 |
| subsection (g) of this Section 26, with the
portion of that
| 9 |
| further redistribution allocated to purses at that | 10 |
| organization licensee to be
divided between standardbred | 11 |
| purses and thoroughbred purses based on the
amounts | 12 |
| otherwise allocated to purses at that organization | 13 |
| licensee during the
calendar year in question; and (iv) 8% | 14 |
| of the pari-mutuel handle on
inter-track wagering wagered | 15 |
| at
such location to satisfy all costs and expenses of | 16 |
| conducting its wagering. The
remainder of the monies | 17 |
| retained by the inter-track wagering location licensee
| 18 |
| shall be allocated 40% to the location licensee and 60% to | 19 |
| the organization
licensee which provides the Illinois | 20 |
| races to the location, except that an
intertrack wagering | 21 |
| location
licensee that derives its license from a track | 22 |
| located in a county with a
population in excess of 230,000 | 23 |
| and that borders the Mississippi River shall
not divide any | 24 |
| remaining retention with the organization licensee that | 25 |
| provides
the race or races and an intertrack wagering | 26 |
| location licensee that accepts
wagers on races conducted by |
|
|
|
SB1298 Engrossed |
- 35 - |
LRB096 10399 AMC 20569 b |
|
| 1 |
| an organization licensee that conducts a race meet
in a | 2 |
| county with a population in excess of 230,000 and that | 3 |
| borders the
Mississippi River shall not divide any | 4 |
| remaining retention with the
organization licensee.
| 5 |
| Notwithstanding the provisions of clauses (ii) and (iv) of | 6 |
| this
paragraph, in the case of the additional inter-track | 7 |
| wagering location licenses
authorized under paragraph (1) | 8 |
| of this subsection (h) by this amendatory
Act of 1991, | 9 |
| those licensees shall pay the following amounts as purses:
| 10 |
| during the first 12 months the licensee is in operation, | 11 |
| 5.25% of
the
pari-mutuel handle wagered at the location on | 12 |
| races; during the second 12
months, 5.25%; during the third | 13 |
| 12 months, 5.75%;
during
the fourth 12 months,
6.25%; and | 14 |
| during the fifth 12 months and thereafter, 6.75%. The
| 15 |
| following amounts shall be retained by the licensee to | 16 |
| satisfy all costs
and expenses of conducting its wagering: | 17 |
| during the first 12 months the
licensee is in operation, | 18 |
| 8.25% of the pari-mutuel handle wagered
at the
location; | 19 |
| during the second 12 months, 8.25%; during the third 12
| 20 |
| months, 7.75%;
during the fourth 12 months, 7.25%; and | 21 |
| during the fifth 12 months
and
thereafter, 6.75%.
For | 22 |
| additional intertrack wagering location licensees | 23 |
| authorized under this
amendatory
Act of 1995, purses for | 24 |
| the first 12 months the licensee is in operation shall
be | 25 |
| 5.75% of the pari-mutuel wagered
at the location, purses | 26 |
| for the second 12 months the licensee is in operation
shall |
|
|
|
SB1298 Engrossed |
- 36 - |
LRB096 10399 AMC 20569 b |
|
| 1 |
| be 6.25%, and purses
thereafter shall be 6.75%. For | 2 |
| additional intertrack location
licensees
authorized under
| 3 |
| this amendatory Act of 1995, the licensee shall be allowed | 4 |
| to retain to satisfy
all costs and expenses: 7.75% of the | 5 |
| pari-mutuel handle wagered at
the location
during its first | 6 |
| 12 months of operation, 7.25% during its second
12
months | 7 |
| of
operation, and 6.75% thereafter.
| 8 |
| (C) There is hereby created the Horse Racing Tax | 9 |
| Allocation Fund
which shall remain in existence until | 10 |
| December 31, 1999. Moneys
remaining in the Fund after | 11 |
| December 31, 1999
shall be paid into the
General Revenue | 12 |
| Fund. Until January 1, 2000,
all monies paid into the Horse | 13 |
| Racing Tax Allocation Fund pursuant to this
paragraph (11) | 14 |
| by inter-track wagering location licensees located in park
| 15 |
| districts of 500,000 population or less, or in a | 16 |
| municipality that is not
included within any park district | 17 |
| but is included within a conservation
district and is the | 18 |
| county seat of a county that (i) is contiguous to the state
| 19 |
| of Indiana and (ii) has a 1990 population of 88,257 | 20 |
| according to the United
States Bureau of the Census, and | 21 |
| operating on May 1, 1994 shall be
allocated by | 22 |
| appropriation as follows:
| 23 |
| Two-sevenths to the Department of Agriculture. | 24 |
| Fifty percent of
this two-sevenths shall be used to | 25 |
| promote the Illinois horse racing and
breeding | 26 |
| industry, and shall be distributed by the Department of |
|
|
|
SB1298 Engrossed |
- 37 - |
LRB096 10399 AMC 20569 b |
|
| 1 |
| Agriculture
upon the advice of a 9-member committee | 2 |
| appointed by the Governor consisting of
the following | 3 |
| members: the Director of Agriculture, who shall serve | 4 |
| as
chairman; 2 representatives of organization | 5 |
| licensees conducting thoroughbred
race meetings in | 6 |
| this State, recommended by those licensees; 2 | 7 |
| representatives
of organization licensees conducting | 8 |
| standardbred race meetings in this State,
recommended | 9 |
| by those licensees; a representative of the Illinois
| 10 |
| Thoroughbred Breeders and Owners Foundation, | 11 |
| recommended by that
Foundation; a representative of | 12 |
| the Illinois Standardbred Owners and
Breeders | 13 |
| Association, recommended
by that Association; a | 14 |
| representative of
the Horsemen's Benevolent and | 15 |
| Protective Association or any successor
organization | 16 |
| thereto established in Illinois comprised of the | 17 |
| largest number of
owners and trainers, recommended by | 18 |
| that
Association or that successor organization; and a
| 19 |
| representative of the Illinois Harness Horsemen's
| 20 |
| Association, recommended by that Association. | 21 |
| Committee members shall
serve for terms of 2 years, | 22 |
| commencing January 1 of each even-numbered
year. If a | 23 |
| representative of any of the above-named entities has | 24 |
| not been
recommended by January 1 of any even-numbered | 25 |
| year, the Governor shall
appoint a committee member to | 26 |
| fill that position. Committee members shall
receive no |
|
|
|
SB1298 Engrossed |
- 38 - |
LRB096 10399 AMC 20569 b |
|
| 1 |
| compensation for their services as members but shall be
| 2 |
| reimbursed for all actual and necessary expenses and | 3 |
| disbursements incurred
in the performance of their | 4 |
| official duties. The remaining 50% of this
| 5 |
| two-sevenths shall be distributed to county fairs for | 6 |
| premiums and
rehabilitation as set forth in the | 7 |
| Agricultural Fair Act;
| 8 |
| Four-sevenths to park districts or municipalities | 9 |
| that do not have a
park district of 500,000 population | 10 |
| or less for museum purposes (if an
inter-track wagering | 11 |
| location licensee is located in such a park district) | 12 |
| or
to conservation districts for museum purposes (if an | 13 |
| inter-track wagering
location licensee is located in a | 14 |
| municipality that is not included within any
park | 15 |
| district but is included within a conservation | 16 |
| district and is the county
seat of a county that (i) is | 17 |
| contiguous to the state of Indiana and (ii) has a
1990 | 18 |
| population of 88,257 according to the United States | 19 |
| Bureau of the Census,
except that if the conservation | 20 |
| district does not maintain a museum, the monies
shall | 21 |
| be allocated equally between the county and the | 22 |
| municipality in which the
inter-track wagering | 23 |
| location licensee is located for general purposes) or | 24 |
| to a
municipal recreation board for park purposes (if | 25 |
| an inter-track wagering
location licensee is located | 26 |
| in a municipality that is not included within any
park |
|
|
|
SB1298 Engrossed |
- 39 - |
LRB096 10399 AMC 20569 b |
|
| 1 |
| district and park maintenance is the function of the | 2 |
| municipal recreation
board and the municipality has a | 3 |
| 1990 population of 9,302 according to the
United States | 4 |
| Bureau of the Census); provided that the monies are | 5 |
| distributed
to each park district or conservation | 6 |
| district or municipality that does not
have a park | 7 |
| district in an amount equal to four-sevenths of the | 8 |
| amount
collected by each inter-track wagering location | 9 |
| licensee within the park
district or conservation | 10 |
| district or municipality for the Fund. Monies that
were | 11 |
| paid into the Horse Racing Tax Allocation Fund before | 12 |
| the effective date
of this amendatory Act of 1991 by an | 13 |
| inter-track wagering location licensee
located in a | 14 |
| municipality that is not included within any park | 15 |
| district but is
included within a conservation | 16 |
| district as provided in this paragraph shall, as
soon | 17 |
| as practicable after the effective date of this | 18 |
| amendatory Act of 1991, be
allocated and paid to that | 19 |
| conservation district as provided in this paragraph.
| 20 |
| Any park district or municipality not maintaining a | 21 |
| museum may deposit the
monies in the corporate fund of | 22 |
| the park district or municipality where the
| 23 |
| inter-track wagering location is located, to be used | 24 |
| for general purposes;
and
| 25 |
| One-seventh to the Agricultural Premium Fund to be | 26 |
| used for distribution
to agricultural home economics |
|
|
|
SB1298 Engrossed |
- 40 - |
LRB096 10399 AMC 20569 b |
|
| 1 |
| extension councils in accordance with "An
Act in | 2 |
| relation to additional support and finances for the | 3 |
| Agricultural and
Home Economic Extension Councils in | 4 |
| the several counties of this State and
making an | 5 |
| appropriation therefor", approved July 24, 1967.
| 6 |
| Until January 1, 2000, all other
monies paid into the | 7 |
| Horse Racing Tax
Allocation Fund pursuant to
this paragraph | 8 |
| (11) shall be allocated by appropriation as follows:
| 9 |
| Two-sevenths to the Department of Agriculture. | 10 |
| Fifty percent of this
two-sevenths shall be used to | 11 |
| promote the Illinois horse racing and breeding
| 12 |
| industry, and shall be distributed by the Department of | 13 |
| Agriculture upon the
advice of a 9-member committee | 14 |
| appointed by the Governor consisting of the
following | 15 |
| members: the Director of Agriculture, who shall serve | 16 |
| as chairman; 2
representatives of organization | 17 |
| licensees conducting thoroughbred race meetings
in | 18 |
| this State, recommended by those licensees; 2 | 19 |
| representatives of
organization licensees conducting | 20 |
| standardbred race meetings in this State,
recommended | 21 |
| by those licensees; a representative of the Illinois | 22 |
| Thoroughbred
Breeders and Owners Foundation, | 23 |
| recommended by that Foundation; a
representative of | 24 |
| the Illinois Standardbred Owners and Breeders | 25 |
| Association,
recommended by that Association; a | 26 |
| representative of the Horsemen's Benevolent
and |
|
|
|
SB1298 Engrossed |
- 41 - |
LRB096 10399 AMC 20569 b |
|
| 1 |
| Protective Association or any successor organization | 2 |
| thereto established
in Illinois comprised of the | 3 |
| largest number of owners and trainers,
recommended by | 4 |
| that Association or that successor organization; and a
| 5 |
| representative of the Illinois Harness Horsemen's | 6 |
| Association, recommended by
that Association. | 7 |
| Committee members shall serve for terms of 2 years,
| 8 |
| commencing January 1 of each even-numbered year. If a | 9 |
| representative of any of
the above-named entities has | 10 |
| not been recommended by January 1 of any
even-numbered | 11 |
| year, the Governor shall appoint a committee member to | 12 |
| fill that
position. Committee members shall receive no | 13 |
| compensation for their services
as members but shall be | 14 |
| reimbursed for all actual and necessary expenses and
| 15 |
| disbursements incurred in the performance of their | 16 |
| official duties. The
remaining 50% of this | 17 |
| two-sevenths shall be distributed to county fairs for
| 18 |
| premiums and rehabilitation as set forth in the | 19 |
| Agricultural Fair Act;
| 20 |
| Four-sevenths to museums and aquariums located in | 21 |
| park districts of over
500,000 population; provided | 22 |
| that the monies are distributed in accordance with
the | 23 |
| previous year's distribution of the maintenance tax | 24 |
| for such museums and
aquariums as provided in Section 2 | 25 |
| of the Park District Aquarium and Museum
Act; and
| 26 |
| One-seventh to the Agricultural Premium Fund to be |
|
|
|
SB1298 Engrossed |
- 42 - |
LRB096 10399 AMC 20569 b |
|
| 1 |
| used for distribution
to agricultural home economics | 2 |
| extension councils in accordance with "An Act
in | 3 |
| relation to additional support and finances for the | 4 |
| Agricultural and
Home Economic Extension Councils in | 5 |
| the several counties of this State and
making an | 6 |
| appropriation therefor", approved July 24, 1967.
This | 7 |
| subparagraph (C) shall be inoperative and of no force | 8 |
| and effect on and
after January 1, 2000.
| 9 |
| (D) Except as provided in paragraph (11) of this | 10 |
| subsection (h),
with respect to purse allocation from | 11 |
| intertrack wagering, the monies so
retained shall be | 12 |
| divided as follows:
| 13 |
| (i) If the inter-track wagering licensee, | 14 |
| except an intertrack
wagering licensee that | 15 |
| derives its license from an organization
licensee | 16 |
| located in a county with a population in excess of | 17 |
| 230,000 and bounded
by the Mississippi River, is | 18 |
| not conducting its own
race meeting during the same | 19 |
| dates, then the entire purse allocation shall be
to | 20 |
| purses at the track where the races wagered on are | 21 |
| being conducted.
| 22 |
| (ii) If the inter-track wagering licensee, | 23 |
| except an intertrack
wagering licensee that | 24 |
| derives its license from an organization
licensee | 25 |
| located in a county with a population in excess of | 26 |
| 230,000 and bounded
by the Mississippi River, is |
|
|
|
SB1298 Engrossed |
- 43 - |
LRB096 10399 AMC 20569 b |
|
| 1 |
| also
conducting its own
race meeting during the | 2 |
| same dates, then the purse allocation shall be as
| 3 |
| follows: 50% to purses at the track where the races | 4 |
| wagered on are
being conducted; 50% to purses at | 5 |
| the track where the inter-track
wagering licensee | 6 |
| is accepting such wagers.
| 7 |
| (iii) If the inter-track wagering is being | 8 |
| conducted by an inter-track
wagering location | 9 |
| licensee, except an intertrack wagering location | 10 |
| licensee
that derives its license from an | 11 |
| organization licensee located in a
county with a | 12 |
| population in excess of 230,000 and bounded by the | 13 |
| Mississippi
River, the entire purse allocation for | 14 |
| Illinois races shall
be to purses at the track | 15 |
| where the race meeting being wagered on is being
| 16 |
| held.
| 17 |
| (12) The Board shall have all powers necessary and | 18 |
| proper to fully
supervise and control the conduct of
| 19 |
| inter-track wagering and simulcast
wagering by inter-track | 20 |
| wagering licensees and inter-track wagering location
| 21 |
| licensees, including, but not
limited to the following:
| 22 |
| (A) The Board is vested with power to promulgate | 23 |
| reasonable rules and
regulations for the purpose of | 24 |
| administering the
conduct of this
wagering and to | 25 |
| prescribe reasonable rules, regulations and conditions | 26 |
| under
which such wagering shall be held and conducted. |
|
|
|
SB1298 Engrossed |
- 44 - |
LRB096 10399 AMC 20569 b |
|
| 1 |
| Such rules and regulations
are to provide for the | 2 |
| prevention of practices detrimental to the public
| 3 |
| interest and for
the best interests of said wagering | 4 |
| and to impose penalties
for violations thereof.
| 5 |
| (B) The Board, and any person or persons to whom it | 6 |
| delegates this
power, is vested with the power to enter | 7 |
| the
facilities of any licensee to determine whether | 8 |
| there has been
compliance with the provisions of this | 9 |
| Act and the rules and regulations
relating to the | 10 |
| conduct of such wagering.
| 11 |
| (C) The Board, and any person or persons to whom it | 12 |
| delegates this
power, may eject or exclude from any | 13 |
| licensee's facilities, any person whose
conduct or | 14 |
| reputation
is such that his presence on such premises | 15 |
| may, in the opinion of the Board,
call into the | 16 |
| question the honesty and integrity of, or interfere | 17 |
| with the
orderly conduct of such wagering; provided, | 18 |
| however, that no person shall
be excluded or ejected | 19 |
| from such premises solely on the grounds of race,
| 20 |
| color, creed, national origin, ancestry, or sex.
| 21 |
| (D) (Blank).
| 22 |
| (E) The Board is vested with the power to appoint | 23 |
| delegates to execute
any of the powers granted to it | 24 |
| under this Section for the purpose of
administering | 25 |
| this wagering and any
rules and
regulations
| 26 |
| promulgated in accordance with this Act.
|
|
|
|
SB1298 Engrossed |
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LRB096 10399 AMC 20569 b |
|
| 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 |
|
|
|
SB1298 Engrossed |
- 46 - |
LRB096 10399 AMC 20569 b |
|
| 1 |
| racing program, those races shall be considered a separate | 2 |
| racing day
for the
purpose of determining the daily handle | 3 |
| and computing the privilege or
pari-mutuel tax on
that | 4 |
| daily handle as provided in Sections 27
and 27.1. Such
| 5 |
| agreements shall be approved by the Board before such | 6 |
| wagering may be
conducted. In determining whether to grant | 7 |
| approval, the Board shall give
due consideration to the | 8 |
| best interests of the public and of horse racing.
The | 9 |
| provisions of paragraphs (1), (8), (8.1), and (8.2) of
| 10 |
| subsection (h) of this
Section which are not specified in | 11 |
| this paragraph (13) shall not apply to
licensed race | 12 |
| meetings conducted by the Department of Agriculture at the
| 13 |
| Illinois State Fair in Sangamon County or the DuQuoin State | 14 |
| Fair in Perry
County, or to any wagering conducted on
those | 15 |
| race meetings.
| 16 |
| (i) Notwithstanding the other provisions of this Act, the | 17 |
| conduct of
wagering at wagering facilities is authorized on all | 18 |
| days, except as limited by
subsection (b) of Section 19 of this | 19 |
| Act.
| 20 |
| (Source: P.A. 91-40, eff. 6-25-99; 92-211, eff. 8-2-01.)
| 21 |
| (230 ILCS 5/27) (from Ch. 8, par. 37-27)
| 22 |
| Sec. 27. (a) In addition to the organization license fee | 23 |
| provided
by this Act, until January 1, 2000, a
graduated | 24 |
| privilege tax is hereby
imposed for conducting
the pari-mutuel | 25 |
| system of wagering permitted under this
Act. Until January 1, |
|
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| 2000, except as provided in subsection (g) of
Section 27 of | 2 |
| this Act, all of
the breakage of each racing day held by any | 3 |
| licensee in the State shall be paid
to the State.
Until January | 4 |
| 1, 2000, such daily graduated privilege tax shall be paid by
| 5 |
| the
licensee from the amount permitted to be retained under | 6 |
| this Act.
Until January 1, 2000, each day's
graduated privilege | 7 |
| tax, breakage, and Horse Racing Tax Allocation
funds shall be | 8 |
| remitted to the Department of Revenue within 48 hours after the
| 9 |
| close of the racing day upon which it is assessed or within | 10 |
| such other time as
the Board prescribes. The privilege tax | 11 |
| hereby imposed, until January
1, 2000, shall be a flat tax at
| 12 |
| the rate of 2% of the daily pari-mutuel handle except as | 13 |
| provided in Section
27.1.
| 14 |
| In addition, every organization licensee, except as
| 15 |
| provided in Section 27.1 of this Act, which conducts multiple
| 16 |
| wagering shall pay, until January 1, 2000,
as a privilege tax | 17 |
| on multiple
wagers an amount
equal to 1.25% of all moneys | 18 |
| wagered each day on such multiple wagers,
plus an additional | 19 |
| amount equal to 3.5% of the amount wagered each day on any
| 20 |
| other multiple wager which involves a single
betting interest | 21 |
| on 3 or more horses. The licensee shall remit the amount of
| 22 |
| such taxes to the Department of Revenue within 48 hours after | 23 |
| the close of
the racing day on which it is assessed or within | 24 |
| such other time as the Board
prescribes.
| 25 |
| This subsection (a) shall be inoperative and of no force | 26 |
| and effect on and
after January 1, 2000.
|
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| (a-5) Beginning on January 1, 2000, a
flat
pari-mutuel tax | 2 |
| at the rate of 1.5% of
the daily
pari-mutuel handle is imposed | 3 |
| at all pari-mutuel wagering facilities and on advance deposit | 4 |
| wagering from a location other than a wagering facility , except | 5 |
| as otherwise provided for in this subsection (a-5). In addition | 6 |
| to the pari-mutuel tax imposed on advance deposit wagering | 7 |
| pursuant to this subsection (a-5), an additional pari-mutuel | 8 |
| tax at the rate of 0.25% shall be imposed on advance deposit | 9 |
| wagering, the amount of which shall not exceed $250,000 in each | 10 |
| calendar year. The additional 0.25% pari-mutuel tax imposed on | 11 |
| advance deposit wagering by this amendatory Act of the 96th | 12 |
| General Assembly shall be deposited into the Quarter Horse | 13 |
| Purse Fund, which shall be created as a non-appropriated trust | 14 |
| fund administered by the Board for grants to thoroughbred | 15 |
| organization licensees for payment of purses for quarter horse | 16 |
| races conducted by the organization licensee. Thoroughbred | 17 |
| organization licensees may petition the Board to conduct | 18 |
| quarter horse racing and receive purse grants from the Quarter | 19 |
| Horse Purse Fund. The Board shall have complete discretion in | 20 |
| distributing the Quarter Horse Purse Fund to the petitioning | 21 |
| organization licensees. Beginning on the effective date of this | 22 |
| amendatory Act of the 94th General Assembly and until moneys | 23 |
| deposited pursuant to Section 54 are distributed and received, | 24 |
| a pari-mutuel tax at the rate of 0.25% of the daily pari-mutuel | 25 |
| handle is imposed at a pari-mutuel facility whose license is | 26 |
| derived from a track located in a county that borders the |
|
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| Mississippi River and conducted live racing in the previous | 2 |
| year. After moneys deposited pursuant to Section 54 are | 3 |
| distributed and received, a pari-mutuel tax at the rate of 1.5% | 4 |
| of the daily pari-mutuel handle is imposed at a pari-mutuel | 5 |
| facility whose license is derived from a track located in a | 6 |
| county that borders the Mississippi River and conducted live | 7 |
| racing in the previous year. The pari-mutuel tax imposed by | 8 |
| this subsection (a-5)
shall be remitted to the Department of
| 9 |
| Revenue within 48 hours after the close of the racing day upon | 10 |
| which it is
assessed or within such other time as the Board | 11 |
| prescribes.
| 12 |
| (b) On or before December 31, 1999, in
the event that any | 13 |
| organization
licensee conducts
2 separate programs
of races on | 14 |
| any day, each such program shall be considered a separate
| 15 |
| racing day for purposes of determining the daily handle and | 16 |
| computing
the privilege tax on such daily handle as provided in | 17 |
| subsection (a) of
this Section.
| 18 |
| (c) Licensees shall at all times keep accurate
books
and | 19 |
| records of all monies wagered on each day of a race meeting and | 20 |
| of
the taxes paid to the Department of Revenue under the | 21 |
| provisions of this
Section. The Board or its duly authorized | 22 |
| representative or
representatives shall at all reasonable | 23 |
| times have access to such
records for the purpose of examining | 24 |
| and checking the same and
ascertaining whether the proper | 25 |
| amount of taxes is being paid as
provided. The Board shall | 26 |
| require verified reports and a statement of
the total of all |
|
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| monies wagered daily at each wagering facility upon which
the | 2 |
| taxes are assessed and may prescribe forms upon which such | 3 |
| reports
and statement shall be made.
| 4 |
| (d) Any licensee failing or refusing to pay the amount
of | 5 |
| any tax due under this Section shall be guilty of a business | 6 |
| offense
and upon conviction shall be fined not more than $5,000 | 7 |
| in addition to
the amount found due as tax under this Section. | 8 |
| Each day's violation
shall constitute a separate offense. All | 9 |
| fines paid into Court by a licensee hereunder shall be | 10 |
| transmitted and paid over by
the Clerk of the Court to the | 11 |
| Board.
| 12 |
| (e) No other license fee, privilege tax, excise tax, or
| 13 |
| racing fee, except as provided in this Act, shall be assessed | 14 |
| or
collected from any such licensee by the State.
| 15 |
| (f) No other license fee, privilege tax, excise tax or | 16 |
| racing fee shall be
assessed or collected from any such | 17 |
| licensee by units of local government
except as provided in | 18 |
| paragraph 10.1 of subsection (h) and subsection (f) of
Section | 19 |
| 26 of this Act. However, any municipality that has a Board | 20 |
| licensed
horse race meeting at a race track wholly within its | 21 |
| corporate boundaries or a
township that has a Board licensed | 22 |
| horse race meeting at a race track wholly
within the | 23 |
| unincorporated area of the township may charge a local
| 24 |
| amusement tax not to exceed 10˘ per admission to such horse | 25 |
| race meeting
by the enactment of an ordinance. However, any | 26 |
| municipality or county
that has a Board licensed inter-track |
|
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| wagering location facility wholly
within its corporate | 2 |
| boundaries may each impose an admission fee not
to exceed $1.00 | 3 |
| per admission to such inter-track wagering location facility,
| 4 |
| so that a total of not more than $2.00 per admission may be | 5 |
| imposed.
Except as provided in subparagraph (g) of Section 27 | 6 |
| of this Act, the
inter-track wagering location licensee shall | 7 |
| collect any and all such fees
and within 48 hours remit the | 8 |
| fees to the Board, which shall, pursuant to
rule, cause the | 9 |
| fees to be distributed to the county or municipality.
| 10 |
| (g) Notwithstanding any provision in this Act to the | 11 |
| contrary, if in any
calendar year the total taxes and fees | 12 |
| required to be collected from
licensees and distributed under | 13 |
| this Act to all State and local governmental
authorities | 14 |
| exceeds the amount of such taxes and fees distributed to each | 15 |
| State
and local governmental authority to which each State and | 16 |
| local governmental
authority was entitled under this Act for | 17 |
| calendar year 1994, then the first
$11 million of that excess | 18 |
| amount shall be allocated at the earliest possible
date for | 19 |
| distribution as purse money for the succeeding calendar year.
| 20 |
| Upon reaching the 1994 level, and until the excess amount of | 21 |
| taxes and fees
exceeds $11 million, the Board shall direct all | 22 |
| licensees to cease paying the
subject taxes and fees and the | 23 |
| Board shall direct all licensees to allocate any such excess | 24 |
| amount for purses as
follows:
| 25 |
| (i) the excess amount shall be initially divided | 26 |
| between thoroughbred and
standardbred purses based on the |
|
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| thoroughbred's and standardbred's respective
percentages | 2 |
| of total Illinois live wagering in calendar year 1994;
| 3 |
| (ii) each thoroughbred and standardbred organization | 4 |
| licensee issued an
organization licensee in that | 5 |
| succeeding allocation year shall
be
allocated an amount | 6 |
| equal to the product of its percentage of total
Illinois
| 7 |
| live thoroughbred or standardbred wagering in calendar | 8 |
| year 1994 (the total to
be determined based on the sum of | 9 |
| 1994 on-track wagering for all organization
licensees | 10 |
| issued organization licenses in both the allocation year | 11 |
| and the
preceding year) multiplied by
the total amount | 12 |
| allocated for standardbred or thoroughbred purses, | 13 |
| provided
that the first $1,500,000 of the amount allocated | 14 |
| to standardbred
purses under item (i) shall be allocated to | 15 |
| the Department of
Agriculture to be expended with the | 16 |
| assistance and advice of the Illinois
Standardbred | 17 |
| Breeders Funds Advisory Board for the purposes listed in
| 18 |
| subsection (g) of Section 31 of this Act, before the amount | 19 |
| allocated to
standardbred purses under item (i) is | 20 |
| allocated to standardbred
organization licensees in the | 21 |
| succeeding allocation year.
| 22 |
| To the extent the excess amount of taxes and fees to be | 23 |
| collected and
distributed to State and local governmental | 24 |
| authorities exceeds $11 million,
that excess amount shall be | 25 |
| collected and distributed to State and local
authorities as | 26 |
| provided for under this Act.
|
|
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| 1 |
| (Source: P.A. 94-805, eff. 5-26-06.)
| 2 |
| Section 99. Effective date. This Act takes effect upon | 3 |
| becoming law. |
|