Full Text of SB2216 99th General Assembly
SB2216ham002 99TH GENERAL ASSEMBLY | Rep. Jay Hoffman Filed: 11/15/2016
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| 1 | | AMENDMENT TO SENATE BILL 2216
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2216, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Illinois Horse Racing Act of 1975 is | 6 | | amended by changing Section 26 and by adding Sections 3.31, | 7 | | 3.32, 3.33, 3.34, and 26.10 as follows: | 8 | | (230 ILCS 5/3.31 new) | 9 | | Sec. 3.31. Historical horse race. "Historical horse race" | 10 | | means a horse race that: (1) was previously run at a licensed | 11 | | pari-mutuel facility located
in the United States,
(2) | 12 | | concluded with official results, and (3) concluded without | 13 | | scratches, disqualifications, or dead-heat finishes. | 14 | | (230 ILCS 5/3.32 new) | 15 | | Sec. 3.32. Initial seed pool. "Initial seed pool" means a |
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| 1 | | nonrefundable pool of money funded by an organization licensee | 2 | | in an amount sufficient to ensure that a patron will be paid | 3 | | the minimum amount required on a winning wager on a historical | 4 | | horse race. | 5 | | (230 ILCS 5/3.33 new) | 6 | | Sec. 3.33. Seed pool. "Seed pool" means a pool of money | 7 | | funded by patrons wagering on a historical horse race that is | 8 | | used to ensure that all patrons are paid the minimum payout on | 9 | | winning wagers. | 10 | | (230 ILCS 5/3.34 new) | 11 | | Sec. 3.34. Terminal. "Terminal" means any self-service | 12 | | totalizator machine or other mechanical equipment used by a | 13 | | patron to place a pari-mutuel wager on a live or historical | 14 | | horse race.
| 15 | | (230 ILCS 5/26) (from Ch. 8, par. 37-26)
| 16 | | Sec. 26. Wagering.
| 17 | | (a) Any licensee may conduct and supervise the pari-mutuel | 18 | | system of
wagering, as defined in Section 3.12 of this Act, on | 19 | | horse races conducted by
an Illinois organization
licensee or | 20 | | conducted at a racetrack located in another state or country | 21 | | and
televised in Illinois in accordance with subsection (g) of | 22 | | Section 26 of this
Act. Subject to the prior consent of the | 23 | | Board, licensees may supplement any
pari-mutuel pool in order |
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| 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 | | Subject to rules adopted by the Board, a licensee may | 9 | | accept wagers on historical horse races as authorized in | 10 | | Section 26.10 on standardbred horse racing, quarter horse | 11 | | racing, and thoroughbred horse racing. Within 180 days after | 12 | | the effective date of this amendatory Act of the 99th General | 13 | | Assembly, the Board shall adopt rules necessary to regulate | 14 | | wagering on historical horse races through the use of emergency | 15 | | rulemaking in accordance with Section 5-45 of the Illinois | 16 | | Administrative Procedure Act. The General Assembly finds that | 17 | | the adoption of rules to regulate wagering on historical horse | 18 | | races is deemed an emergency and necessary for the public | 19 | | interest, safety, and welfare. | 20 | | (b) No other method of betting, pool making, wagering or
| 21 | | gambling shall be used or permitted by the licensee. Each | 22 | | licensee
may retain, subject to the payment of all applicable
| 23 | | taxes and purses, an amount not to exceed 17% of all money | 24 | | wagered
under subsection (a) of this Section, except as may | 25 | | otherwise be permitted
under this Act.
| 26 | | (b-5) An individual may place a wager under the pari-mutuel |
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| 1 | | 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.
| 7 | | (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'
| 15 | | Rehabilitation Fund of the State treasury, except as provided | 16 | | in subsection
(g) of Section 27 of this Act.
| 17 | | (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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| 1 | | (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.
| 6 | | (e) No licensee shall knowingly permit any minor, other
| 7 | | than an employee of such licensee or an owner, trainer,
jockey, | 8 | | driver, or employee thereof, to be admitted during a racing
| 9 | | 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.
| 15 | | (f) Notwithstanding the other provisions of this Act, an
| 16 | | 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
| 21 | | shall not be subject to State
taxation. Until January 1, 2000,
| 22 | | when the out-of-State entity conducts a pari-mutuel pool
| 23 | | 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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| 1 | | privilege tax shall be remitted to the
Department of Revenue
| 2 | | 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
| 7 | | in which the race was conducted.
| 8 | | 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
| 12 | | 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.
| 16 | | (g) A host track may accept interstate simulcast wagers on
| 17 | | 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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| 1 | | 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. For one year after August 15, 2014 ( the effective date | 5 | | of Public Act 98-968) this amendatory Act of the 98th General | 6 | | Assembly , non-host licensees may carry the host track simulcast | 7 | | program and
shall accept wagers on all races included as part | 8 | | of the simulcast
program of horse races conducted at race | 9 | | tracks located within North America upon which wagering is | 10 | | permitted. For a period of one year after August 15, 2014 ( the | 11 | | effective date of Public Act 98-968) this amendatory Act of the | 12 | | 98th General Assembly , on horse races conducted at race tracks | 13 | | located outside of North America, non-host licensees may accept | 14 | | wagers on all races included as part of the simulcast program | 15 | | upon which wagering is permitted. Beginning August 15, 2015 | 16 | | ( one year after the effective date of Public Act 98-968) this | 17 | | amendatory Act of the 98th General Assembly , non-host licensees | 18 | | may carry the host track simulcast program and shall accept | 19 | | wagers on all races included as part of the simulcast program | 20 | | upon which wagering is permitted.
All organization licensees | 21 | | shall provide their live signal to all advance deposit wagering | 22 | | licensees for a simulcast commission fee not to exceed 6% of | 23 | | the advance deposit wagering licensee's Illinois handle on the | 24 | | organization licensee's signal without prior approval by the | 25 | | Board. The Board may adopt rules under which it may permit | 26 | | simulcast commission fees in excess of 6%. The Board shall |
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| 1 | | adopt rules limiting the interstate commission fees charged to | 2 | | an advance deposit wagering licensee. The Board shall adopt | 3 | | rules regarding advance deposit wagering on interstate | 4 | | simulcast races that shall reflect, among other things, the | 5 | | General Assembly's desire to maximize revenues to the State, | 6 | | horsemen purses, and organization organizational licensees. | 7 | | However, organization licensees providing live signals | 8 | | pursuant to the requirements of this subsection (g) may | 9 | | petition the Board to withhold their live signals from an | 10 | | advance deposit wagering licensee if the organization licensee | 11 | | discovers and the Board finds reputable or credible information | 12 | | that the advance deposit wagering licensee is under | 13 | | investigation by another state or federal governmental agency, | 14 | | the advance deposit wagering licensee's license has been | 15 | | suspended in another state, or the advance deposit wagering | 16 | | licensee's license is in revocation proceedings in another | 17 | | state. The organization licensee's provision of their live | 18 | | signal to an advance deposit wagering licensee under this | 19 | | subsection (g) pertains to wagers placed from within Illinois. | 20 | | Advance deposit wagering licensees may place advance deposit | 21 | | wagering terminals at wagering facilities as a convenience to | 22 | | customers. The advance deposit wagering licensee shall not | 23 | | charge or collect any fee from purses for the placement of the | 24 | | advance deposit wagering terminals. The costs and expenses
of | 25 | | the host track and non-host licensees associated
with | 26 | | interstate simulcast
wagering, other than the interstate
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| 1 | | commission fee, shall be borne by the host track and all
| 2 | | non-host licensees
incurring these costs.
The interstate | 3 | | commission fee shall not exceed 5% of Illinois handle on the
| 4 | | interstate simulcast race or races without prior approval of | 5 | | the Board. The
Board shall promulgate rules under which it may | 6 | | permit
interstate commission
fees in excess of 5%. The | 7 | | interstate commission
fee and other fees charged by the sending | 8 | | racetrack, including, but not
limited to, satellite decoder | 9 | | fees, shall be uniformly applied
to the host track and all | 10 | | non-host licensees.
| 11 | | Notwithstanding any other provision of this Act, through | 12 | | December 31, 2018, an organization licensee, with the consent | 13 | | of the horsemen association representing the largest number of | 14 | | owners, trainers, jockeys, or standardbred drivers who race | 15 | | horses at that organization licensee's racing meeting, may | 16 | | maintain a system whereby advance deposit wagering may take | 17 | | place or an organization licensee, with the consent of the | 18 | | horsemen association representing the largest number of | 19 | | owners, trainers, jockeys, or standardbred drivers who race | 20 | | horses at that organization licensee's racing meeting, may | 21 | | contract with another person to carry out a system of advance | 22 | | deposit wagering. Such consent may not be unreasonably | 23 | | withheld. Only with respect to an appeal to the Board that | 24 | | consent for an organization licensee that maintains its own | 25 | | advance deposit wagering system is being unreasonably | 26 | | withheld, the Board shall issue a final order within 30 days |
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| 1 | | after initiation of the appeal, and the organization licensee's | 2 | | advance deposit wagering system may remain operational during | 3 | | that 30-day period. The actions of any organization licensee | 4 | | who conducts advance deposit wagering or any person who has a | 5 | | contract with an organization licensee to conduct advance | 6 | | deposit wagering who conducts advance deposit wagering on or | 7 | | after January 1, 2013 and prior to June 7, 2013 ( the effective | 8 | | date of Public Act 98-18) this amendatory Act of the 98th | 9 | | General Assembly taken in reliance on the changes made to this | 10 | | subsection (g) by Public Act 98-18 this amendatory Act of the | 11 | | 98th General Assembly are hereby validated, provided payment of | 12 | | all applicable pari-mutuel taxes are remitted to the Board. All | 13 | | advance deposit wagers placed from within Illinois must be | 14 | | placed through a Board-approved advance deposit wagering | 15 | | licensee; no other entity may accept an advance deposit wager | 16 | | from a person within Illinois. All advance deposit wagering is | 17 | | subject to any rules adopted by the Board. The Board may adopt | 18 | | rules necessary to regulate advance deposit wagering through | 19 | | the use of emergency rulemaking in accordance with Section 5-45 | 20 | | of the Illinois Administrative Procedure Act. The General | 21 | | Assembly finds that the adoption of rules to regulate advance | 22 | | deposit wagering is deemed an emergency and necessary for the | 23 | | public interest, safety, and welfare. An advance deposit | 24 | | wagering licensee may retain all moneys as agreed to by | 25 | | contract with an organization licensee. Any moneys retained by | 26 | | the organization licensee from advance deposit wagering, not |
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| 1 | | including moneys retained by the advance deposit wagering | 2 | | licensee, shall be paid 50% to the organization licensee's | 3 | | purse account and 50% to the organization licensee. With the | 4 | | exception of any organization licensee that is owned by a | 5 | | publicly traded company that is incorporated in a state other | 6 | | than Illinois and advance deposit wagering licensees under | 7 | | contract with such organization licensees, organization | 8 | | licensees that maintain advance deposit wagering systems and | 9 | | advance deposit wagering licensees that contract with | 10 | | organization licensees shall provide sufficiently detailed | 11 | | monthly accountings to the horsemen association representing | 12 | | the largest number of owners, trainers, jockeys, or | 13 | | standardbred drivers who race horses at that organization | 14 | | licensee's racing meeting so that the horsemen association, as | 15 | | an interested party, can confirm the accuracy of the amounts | 16 | | paid to the purse account at the horsemen association's | 17 | | affiliated organization licensee from advance deposit | 18 | | wagering. If more than one breed races at the same race track | 19 | | facility, then the 50% of the moneys to be paid to an | 20 | | organization licensee's purse account shall be allocated among | 21 | | all organization licensees' purse accounts operating at that | 22 | | race track facility proportionately based on the actual number | 23 | | of host days that the Board grants to that breed at that race | 24 | | track facility in the current calendar year. To the extent any | 25 | | fees from advance deposit wagering conducted in Illinois for | 26 | | wagers in Illinois or other states have been placed in escrow |
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| 1 | | or otherwise withheld from wagers pending a determination of | 2 | | the legality of advance deposit wagering, no action shall be | 3 | | brought to declare such wagers or the disbursement of any fees | 4 | | previously escrowed illegal. | 5 | | (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
| 6 | | inter-track intertrack wagering
licensee other than the | 7 | | host track may supplement the host track simulcast
program | 8 | | with additional simulcast races or race programs, provided | 9 | | that between
January 1 and the third Friday in February of | 10 | | any year, inclusive, if no live
thoroughbred racing is | 11 | | occurring in Illinois during this period, only
| 12 | | thoroughbred races may be used
for supplemental interstate | 13 | | simulcast purposes. The Board shall withhold
approval for a | 14 | | supplemental interstate simulcast only if it finds that the
| 15 | | simulcast is clearly adverse to the integrity of racing. A | 16 | | supplemental
interstate simulcast may be transmitted from | 17 | | an inter-track intertrack wagering licensee to
its | 18 | | affiliated non-host licensees. The interstate commission | 19 | | fee for a
supplemental interstate simulcast shall be paid | 20 | | by the non-host licensee and
its affiliated non-host | 21 | | licensees receiving the simulcast.
| 22 | | (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
| 23 | | inter-track intertrack wagering
licensee other than the | 24 | | host track may receive supplemental interstate
simulcasts | 25 | | only with the consent of the host track, except when the | 26 | | Board
finds that the simulcast is
clearly adverse to the |
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| 1 | | integrity of racing. Consent granted under this
paragraph | 2 | | (2) to any inter-track intertrack wagering licensee shall | 3 | | be deemed consent to
all non-host licensees. The interstate | 4 | | commission fee for the supplemental
interstate simulcast | 5 | | shall be paid
by all participating non-host licensees.
| 6 | | (3) Each licensee conducting interstate simulcast | 7 | | wagering may retain,
subject to the payment of all | 8 | | applicable taxes and the purses, an amount not to
exceed | 9 | | 17% of all money wagered. If any licensee conducts the | 10 | | pari-mutuel
system wagering on races conducted at | 11 | | racetracks in another state or country,
each such race or | 12 | | race program shall be considered a separate racing day for
| 13 | | the purpose of determining the daily handle and computing | 14 | | the privilege tax of
that daily handle as provided in | 15 | | subsection (a) of Section 27.
Until January 1, 2000,
from | 16 | | the sums permitted to be retained pursuant to this | 17 | | subsection, each
inter-track intertrack wagering location | 18 | | licensee shall pay 1% of the pari-mutuel handle
wagered on | 19 | | simulcast wagering to the Horse Racing Tax Allocation Fund, | 20 | | subject
to the provisions of subparagraph (B) of paragraph | 21 | | (11) of subsection (h) of
Section 26 of this Act.
| 22 | | (4) A licensee who receives an interstate simulcast may | 23 | | combine its gross
or net pools with pools at the sending | 24 | | racetracks pursuant to rules established
by the Board. All | 25 | | licensees combining their gross pools
at a
sending | 26 | | racetrack shall adopt the take-out percentages of the |
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| 1 | | sending
racetrack.
A licensee may also establish a separate | 2 | | pool and takeout structure for
wagering purposes on races | 3 | | conducted at race tracks outside of the
State of Illinois. | 4 | | The licensee may permit pari-mutuel wagers placed in other
| 5 | | states or
countries to be combined with its gross or net | 6 | | wagering pools or other
wagering pools.
| 7 | | (5) After the payment of the interstate commission fee | 8 | | (except for the
interstate commission
fee on a supplemental | 9 | | interstate simulcast, which shall be paid by the host
track | 10 | | and by each non-host licensee through the host-track) and | 11 | | all applicable
State and local
taxes, except as provided in | 12 | | subsection (g) of Section 27 of this Act, the
remainder of | 13 | | moneys retained from simulcast wagering pursuant to this
| 14 | | subsection (g), and Section 26.2 shall be divided as | 15 | | follows:
| 16 | | (A) For interstate simulcast wagers made at a host | 17 | | track, 50% to the
host
track and 50% to purses at the | 18 | | host track.
| 19 | | (B) For wagers placed on interstate simulcast | 20 | | races, supplemental
simulcasts as defined in | 21 | | subparagraphs (1) and (2), and separately pooled races
| 22 | | conducted outside of the State of Illinois made at a | 23 | | non-host
licensee, 25% to the host
track, 25% to the | 24 | | non-host licensee, and 50% to the purses at the host | 25 | | track.
| 26 | | (6) Notwithstanding any provision in this Act to the |
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| 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 |
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| 1 | | distributed under paragraph (10) of this subsection
| 2 | | (g);
| 3 | | (C) Between January 1 and the third Friday in | 4 | | February, inclusive, if
live thoroughbred racing is | 5 | | occurring in Illinois, between 6:30 a.m. and 6:30
p.m. | 6 | | the purse share from wagers made during this time | 7 | | period to its
thoroughbred purse account and between | 8 | | 6:30 p.m. and 6:30 a.m. the purse share
from wagers | 9 | | made during this time period to its standardbred purse | 10 | | accounts;
| 11 | | (D) Between the third Saturday in February and | 12 | | December 31, when the
interstate simulcast occurs | 13 | | between the hours of 6:30 a.m. and 6:30 p.m., the
purse | 14 | | share to its thoroughbred purse account;
| 15 | | (E) Between the third Saturday in February and | 16 | | December 31, when the
interstate simulcast occurs | 17 | | between the hours of 6:30 p.m. and 6:30 a.m., the
purse | 18 | | share to its standardbred purse account.
| 19 | | (7.1) Notwithstanding any other provision of this Act | 20 | | to the contrary,
if
no
standardbred racing is conducted at | 21 | | a racetrack located in Madison County
during any
calendar | 22 | | year beginning on or after January 1, 2002, all
moneys | 23 | | derived by
that racetrack from simulcast wagering and | 24 | | inter-track wagering that (1) are to
be used
for purses and | 25 | | (2) are generated between the hours of 6:30 p.m. and 6:30 | 26 | | a.m.
during that
calendar year shall
be paid as follows:
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| 1 | | (A) If the licensee that conducts horse racing at | 2 | | that racetrack
requests from the Board at least as many | 3 | | racing dates as were conducted in
calendar year 2000, | 4 | | 80% shall be paid to its thoroughbred purse account; | 5 | | and
| 6 | | (B) Twenty percent shall be deposited into the | 7 | | Illinois Colt Stakes
Purse
Distribution
Fund and shall | 8 | | be paid to purses for standardbred races for Illinois | 9 | | conceived
and foaled horses conducted at any county | 10 | | fairgrounds.
The moneys deposited into the Fund | 11 | | pursuant to this subparagraph (B) shall be
deposited
| 12 | | within 2
weeks after the day they were generated, shall | 13 | | be in addition to and not in
lieu of any other
moneys | 14 | | paid to standardbred purses under this Act, and shall | 15 | | not be commingled
with other moneys paid into that | 16 | | Fund. The moneys deposited
pursuant to this | 17 | | subparagraph (B) shall be allocated as provided by the
| 18 | | Department of Agriculture, with the advice and | 19 | | assistance of the Illinois
Standardbred
Breeders Fund | 20 | | Advisory Board.
| 21 | | (7.2) Notwithstanding any other provision of this Act | 22 | | to the contrary, if
no
thoroughbred racing is conducted at | 23 | | a racetrack located in Madison County
during any
calendar | 24 | | year beginning on or after January 1,
2002, all
moneys | 25 | | derived by
that racetrack from simulcast wagering and | 26 | | inter-track wagering that (1) are to
be used
for purses and |
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| 1 | | (2) are generated between the hours of 6:30 a.m. and 6:30 | 2 | | p.m.
during that
calendar year shall
be deposited as | 3 | | follows:
| 4 | | (A) If the licensee that conducts horse racing at | 5 | | that racetrack
requests from the
Board at least
as many | 6 | | racing dates as were conducted in calendar year 2000, | 7 | | 80%
shall be deposited into its standardbred purse
| 8 | | account; and
| 9 | | (B) Twenty percent shall be deposited into the | 10 | | Illinois Colt Stakes
Purse
Distribution Fund. Moneys | 11 | | deposited into the Illinois Colt Stakes Purse
| 12 | | Distribution Fund
pursuant to this subparagraph (B) | 13 | | shall be paid to Illinois
conceived and foaled | 14 | | thoroughbred breeders' programs
and to thoroughbred | 15 | | purses for races conducted at any county fairgrounds | 16 | | for
Illinois conceived
and foaled horses at the | 17 | | discretion of the
Department of Agriculture, with the | 18 | | advice and assistance of
the Illinois Thoroughbred | 19 | | Breeders Fund Advisory
Board. The moneys deposited | 20 | | into the Illinois Colt Stakes Purse Distribution
Fund
| 21 | | pursuant to this subparagraph (B) shall be deposited | 22 | | within 2 weeks
after the day they were generated, shall | 23 | | be in addition to and not in
lieu of any other moneys | 24 | | paid to thoroughbred purses
under this Act, and shall | 25 | | not be commingled with other moneys deposited into
that | 26 | | Fund.
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| 1 | | (7.3) If no live standardbred racing is conducted at a | 2 | | racetrack located
in
Madison
County in calendar year 2000 | 3 | | or 2001,
an organization licensee who is licensed
to | 4 | | conduct horse racing at that racetrack shall, before | 5 | | January 1, 2002, pay
all
moneys derived from simulcast | 6 | | wagering and inter-track wagering in calendar
years 2000 | 7 | | and 2001 and
paid into the licensee's standardbred purse | 8 | | account as follows:
| 9 | | (A) Eighty percent to that licensee's thoroughbred | 10 | | purse account to
be used for thoroughbred purses; and
| 11 | | (B) Twenty percent to the Illinois Colt Stakes | 12 | | Purse Distribution
Fund.
| 13 | | Failure to make the payment to the Illinois Colt Stakes | 14 | | Purse Distribution
Fund before January 1, 2002
shall
result | 15 | | in the immediate revocation of the licensee's organization
| 16 | | license, inter-track wagering license, and inter-track | 17 | | wagering location
license.
| 18 | | Moneys paid into the Illinois
Colt Stakes Purse | 19 | | Distribution Fund pursuant to this
paragraph (7.3) shall be | 20 | | paid to purses for standardbred
races for Illinois | 21 | | conceived and foaled horses conducted
at any county
| 22 | | fairgrounds.
Moneys paid into the Illinois
Colt Stakes | 23 | | Purse Distribution Fund pursuant to this
paragraph (7.3) | 24 | | shall be used as determined by the
Department of | 25 | | Agriculture, with the advice and assistance of the
Illinois | 26 | | Standardbred Breeders Fund Advisory Board, shall be in |
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| 1 | | addition to
and not in lieu of any other moneys paid to | 2 | | standardbred purses under this Act,
and shall not be | 3 | | commingled
with any other moneys paid into that Fund.
| 4 | | (7.4) If live standardbred racing is conducted at a | 5 | | racetrack located in
Madison
County at any time in calendar | 6 | | year 2001 before the payment required
under
paragraph (7.3) | 7 | | has been made, the organization licensee who is licensed to
| 8 | | conduct
racing at that racetrack shall pay all moneys | 9 | | derived by that racetrack from
simulcast
wagering and | 10 | | inter-track wagering during calendar years 2000 and 2001 | 11 | | that (1)
are to be
used for purses and (2) are generated | 12 | | between the hours of 6:30 p.m. and 6:30
a.m.
during 2000 or | 13 | | 2001 to the standardbred purse account at that
racetrack to
| 14 | | be used for standardbred purses.
| 15 | | (8) Notwithstanding any provision in this Act to the | 16 | | contrary, an
organization licensee from a track located in | 17 | | a county with a population in
excess of 230,000 and that | 18 | | borders the Mississippi River and its affiliated
non-host | 19 | | licensees shall not be entitled to share in any retention | 20 | | generated on
racing, inter-track wagering, or simulcast | 21 | | wagering at any other Illinois
wagering facility.
| 22 | | (8.1) Notwithstanding any provisions in this Act to the | 23 | | contrary, if 2
organization licensees
are conducting | 24 | | standardbred race meetings concurrently
between the hours | 25 | | of 6:30 p.m. and 6:30 a.m., after payment of all applicable
| 26 | | State and local taxes and interstate commission fees, the |
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| 1 | | remainder of the
amount retained from simulcast wagering | 2 | | otherwise attributable to the host
track and to host track | 3 | | purses shall be split daily between the 2
organization | 4 | | licensees and the purses at the tracks of the 2 | 5 | | organization
licensees, respectively, based on each | 6 | | organization licensee's share
of the total live handle for | 7 | | that day,
provided that this provision shall not apply to | 8 | | any non-host licensee that
derives its license from a track | 9 | | located in a county with a population in
excess of 230,000 | 10 | | and that borders the Mississippi River.
| 11 | | (9) (Blank).
| 12 | | (10) (Blank).
| 13 | | (11) (Blank).
| 14 | | (12) The Board shall have authority to compel all host | 15 | | tracks to receive
the simulcast of any or all races | 16 | | conducted at the Springfield or DuQuoin State
fairgrounds | 17 | | and include all such races as part of their simulcast | 18 | | programs.
| 19 | | (13) Notwithstanding any other provision of this Act, | 20 | | in the event that
the total Illinois pari-mutuel handle on | 21 | | Illinois horse races at all wagering
facilities in any | 22 | | calendar year is less than 75% of the total Illinois
| 23 | | pari-mutuel handle on Illinois horse races at all such | 24 | | wagering facilities for
calendar year 1994, then each | 25 | | wagering facility that has an annual total
Illinois | 26 | | pari-mutuel handle on Illinois horse races that is less |
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| 1 | | than 75% of
the total Illinois pari-mutuel handle on | 2 | | Illinois horse races at such wagering
facility for calendar | 3 | | year 1994, shall be permitted to receive, from any amount
| 4 | | otherwise
payable to the purse account at the race track | 5 | | with which the wagering facility
is affiliated in the | 6 | | succeeding calendar year, an amount equal to 2% of the
| 7 | | differential in total Illinois pari-mutuel handle on | 8 | | Illinois horse
races at the wagering facility between that | 9 | | calendar year in question and 1994
provided, however, that | 10 | | a
wagering facility shall not be entitled to any such | 11 | | payment until the Board
certifies in writing to the | 12 | | wagering facility the amount to which the wagering
facility | 13 | | is entitled
and a schedule for payment of the amount to the | 14 | | wagering facility, based on:
(i) the racing dates awarded | 15 | | to the race track affiliated with the wagering
facility | 16 | | during the succeeding year; (ii) the sums available or | 17 | | anticipated to
be available in the purse account of the | 18 | | race track affiliated with the
wagering facility for purses | 19 | | during the succeeding year; and (iii) the need to
ensure | 20 | | reasonable purse levels during the payment period.
The | 21 | | Board's certification
shall be provided no later than | 22 | | January 31 of the succeeding year.
In the event a wagering | 23 | | facility entitled to a payment under this paragraph
(13) is | 24 | | affiliated with a race track that maintains purse accounts | 25 | | for both
standardbred and thoroughbred racing, the amount | 26 | | to be paid to the wagering
facility shall be divided |
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| 1 | | between each purse account pro rata, based on the
amount of | 2 | | Illinois handle on Illinois standardbred and thoroughbred | 3 | | racing
respectively at the wagering facility during the | 4 | | previous calendar year.
Annually, the General Assembly | 5 | | shall appropriate sufficient funds from the
General | 6 | | Revenue Fund to the Department of Agriculture for payment | 7 | | into the
thoroughbred and standardbred horse racing purse | 8 | | accounts at
Illinois pari-mutuel tracks. The amount paid to | 9 | | each purse account shall be
the amount certified by the | 10 | | Illinois Racing Board in January to be
transferred from | 11 | | each account to each eligible racing facility in
accordance | 12 | | with the provisions of this Section.
| 13 | | (h) The Board may approve and license the conduct of | 14 | | inter-track wagering
and simulcast wagering by inter-track | 15 | | wagering licensees and inter-track
wagering location licensees | 16 | | subject to the following terms and conditions:
| 17 | | (1) Any person licensed to conduct a race meeting (i) | 18 | | at a track where
60 or more days of racing were conducted | 19 | | during the immediately preceding
calendar year or where | 20 | | over the 5 immediately preceding calendar years an
average | 21 | | of 30 or more days of racing were conducted annually may be | 22 | | issued an
inter-track wagering license; (ii) at a track
| 23 | | located in a county that is bounded by the Mississippi | 24 | | River, which has a
population of less than 150,000 | 25 | | according to the 1990 decennial census, and an
average of | 26 | | at least 60 days of racing per year between 1985 and 1993 |
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| 1 | | may be
issued an inter-track wagering license; or (iii) at | 2 | | a track
located in Madison
County that conducted at least | 3 | | 100 days of live racing during the immediately
preceding
| 4 | | calendar year may be issued an inter-track wagering | 5 | | license, unless a lesser
schedule of
live racing is the | 6 | | result of (A) weather, unsafe track conditions, or other
| 7 | | acts of God; (B)
an agreement between the organization | 8 | | licensee and the associations
representing the
largest | 9 | | number of owners, trainers, jockeys, or standardbred | 10 | | drivers who race
horses at
that organization licensee's | 11 | | racing meeting; or (C) a finding by the Board of
| 12 | | extraordinary circumstances and that it was in the best | 13 | | interest of the public
and the sport to conduct fewer than | 14 | | 100 days of live racing. Any such person
having operating | 15 | | control of the racing facility may receive
inter-track | 16 | | wagering
location licenses. An
eligible race track located | 17 | | in a county that has a population of more than
230,000 and | 18 | | that is bounded by the Mississippi River may establish up | 19 | | to 9
inter-track wagering locations , and an eligible race | 20 | | track located in Stickney Township in Cook County may | 21 | | establish up to 16 inter-track wagering locations , and an | 22 | | eligible race track located in Palatine Township in Cook | 23 | | County may establish up to 18 inter-track wagering | 24 | | locations.
An application for
said license shall be filed | 25 | | with the Board prior to such dates as may be
fixed by the | 26 | | Board. With an application for an inter-track
wagering
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| 1 | | location license there shall be delivered to the Board a | 2 | | certified check or
bank draft payable to the order of the | 3 | | Board for an amount equal to $500.
The application shall be | 4 | | on forms prescribed and furnished by the Board. The
| 5 | | application shall comply with all other rules,
regulations | 6 | | and conditions imposed by the Board in connection | 7 | | therewith.
| 8 | | (2) The Board shall examine the applications with | 9 | | respect to their
conformity with this Act and the rules and | 10 | | regulations imposed by the
Board. If found to be in | 11 | | compliance with the Act and rules and regulations
of the | 12 | | Board, the Board may then issue a license to conduct | 13 | | inter-track
wagering and simulcast wagering to such | 14 | | applicant. All such applications
shall be acted upon by the | 15 | | Board at a meeting to be held on such date as may be
fixed | 16 | | by the Board.
| 17 | | (3) In granting licenses to conduct inter-track | 18 | | wagering and simulcast
wagering, the Board shall give due | 19 | | consideration to
the best interests of the
public, of horse | 20 | | racing, and of maximizing revenue to the State.
| 21 | | (4) Prior to the issuance of a license to conduct | 22 | | inter-track wagering
and simulcast wagering,
the applicant | 23 | | shall file with the Board a bond payable to the State of | 24 | | Illinois
in the sum of $50,000, executed by the applicant | 25 | | and a surety company or
companies authorized to do business | 26 | | in this State, and conditioned upon
(i) the payment by the |
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| 1 | | licensee of all taxes due under Section 27 or 27.1
and any | 2 | | other monies due and payable under this Act, and (ii)
| 3 | | distribution by the licensee, upon presentation of the | 4 | | winning ticket or
tickets, of all sums payable to the | 5 | | patrons of pari-mutuel pools.
| 6 | | (5) Each license to conduct inter-track wagering and | 7 | | simulcast
wagering shall specify the person
to whom it is | 8 | | issued, the dates on which such wagering is permitted, and
| 9 | | the track or location where the wagering is to be | 10 | | conducted.
| 11 | | (6) All wagering under such license is subject to this | 12 | | Act and to the
rules and regulations from time to time | 13 | | prescribed by the Board, and every
such license issued by | 14 | | the Board shall contain a recital to that effect.
| 15 | | (7) An inter-track wagering licensee or inter-track | 16 | | wagering location
licensee may accept wagers at the track | 17 | | or location
where it is licensed, or as otherwise provided | 18 | | under this Act.
| 19 | | (8) Inter-track wagering or simulcast wagering shall | 20 | | not be
conducted
at any track less than 5 miles from a | 21 | | track at which a racing meeting is in
progress.
| 22 | | (8.1) Inter-track wagering location
licensees who | 23 | | derive their licenses from a particular organization | 24 | | licensee
shall conduct inter-track wagering and simulcast | 25 | | wagering only at locations that
are within 160 miles of | 26 | | that race track
where
the particular organization licensee |
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| 1 | | is licensed to conduct racing. However, inter-track | 2 | | wagering and simulcast wagering
shall not
be conducted by | 3 | | those licensees at any location within 5 miles of any race
| 4 | | track at which a
horse race meeting has been licensed in | 5 | | the current year, unless the person
having operating | 6 | | control of such race track has given its written consent
to | 7 | | such inter-track wagering location licensees,
which | 8 | | consent
must be filed with the Board at or prior to the | 9 | | time application is made. In the case of any inter-track | 10 | | wagering location licensee initially licensed after | 11 | | December 31, 2013, inter-track wagering and simulcast | 12 | | wagering shall not be conducted by those inter-track | 13 | | wagering location licensees that are located outside the | 14 | | City of Chicago at any location within 8 miles of any race | 15 | | track at which a horse race meeting has been licensed in | 16 | | the current year, unless the person having operating | 17 | | control of such race track has given its written consent to | 18 | | such inter-track wagering location licensees, which | 19 | | consent must be filed with the Board at or prior to the | 20 | | time application is made.
| 21 | | (8.2) Inter-track wagering or simulcast wagering shall | 22 | | not be
conducted by an inter-track
wagering location | 23 | | licensee at any location within 500 feet of an
existing
| 24 | | church or existing school, nor within 500 feet of the | 25 | | residences
of more than 50 registered voters without
| 26 | | receiving written permission from a majority of the |
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| 1 | | registered
voters at such residences.
Such written | 2 | | permission statements shall be filed with the Board. The
| 3 | | distance of 500 feet shall be measured to the nearest part | 4 | | of any
building
used for worship services, education | 5 | | programs, residential purposes, or
conducting inter-track | 6 | | wagering by an inter-track wagering location
licensee, and | 7 | | not to property boundaries. However, inter-track wagering | 8 | | or
simulcast wagering may be conducted at a site within 500 | 9 | | feet of
a church, school or residences
of 50 or more | 10 | | registered voters if such church, school
or residences have | 11 | | been erected
or established, or such voters have been | 12 | | registered, after
the Board issues
the original | 13 | | inter-track wagering location license at the site in | 14 | | question.
Inter-track wagering location licensees may | 15 | | conduct inter-track wagering
and simulcast wagering only | 16 | | in areas that are zoned for
commercial or manufacturing | 17 | | purposes or
in areas for which a special use has been | 18 | | approved by the local zoning
authority. However, no license | 19 | | to conduct inter-track wagering and simulcast
wagering | 20 | | shall be
granted by the Board with respect to any | 21 | | inter-track wagering location
within the jurisdiction of | 22 | | any local zoning authority which has, by
ordinance or by | 23 | | resolution, prohibited the establishment of an inter-track
| 24 | | wagering location within its jurisdiction. However, | 25 | | inter-track wagering
and simulcast wagering may be | 26 | | conducted at a site if such ordinance or
resolution is |
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| 1 | | enacted after
the Board licenses the original inter-track | 2 | | wagering location
licensee for the site in question.
| 3 | | (9) (Blank).
| 4 | | (10) An inter-track wagering licensee or an | 5 | | inter-track wagering
location licensee may retain, subject | 6 | | to the
payment of the privilege taxes and the purses, an | 7 | | amount not to
exceed 17% of all money wagered. Each program | 8 | | of racing conducted by
each inter-track wagering licensee | 9 | | or inter-track wagering location
licensee shall be | 10 | | considered a separate racing day for the purpose of
| 11 | | determining the daily handle and computing the privilege | 12 | | tax or pari-mutuel
tax on such daily
handle as provided in | 13 | | Section 27.
| 14 | | (10.1) Except as provided in subsection (g) of Section | 15 | | 27 of this Act,
inter-track wagering location licensees | 16 | | shall pay 1% of the
pari-mutuel handle at each location to | 17 | | the municipality in which such
location is situated and 1% | 18 | | of the pari-mutuel handle at each location to
the county in | 19 | | which such location is situated. In the event that an
| 20 | | inter-track wagering location licensee is situated in an | 21 | | unincorporated
area of a county, such licensee shall pay 2% | 22 | | of the pari-mutuel handle from
such location to such | 23 | | county.
| 24 | | (10.2) Notwithstanding any other provision of this | 25 | | Act, with respect to inter-track
intertrack wagering at a | 26 | | race track located in a
county that has a population of
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| 1 | | more than 230,000 and that is bounded by the Mississippi | 2 | | River ("the first race
track"), or at a facility operated | 3 | | by an inter-track wagering licensee or
inter-track | 4 | | wagering location licensee that derives its license from | 5 | | the
organization licensee that operates the first race | 6 | | track, on races conducted at
the first race track or on | 7 | | races conducted at another Illinois race track
and | 8 | | simultaneously televised to the first race track or to a | 9 | | facility operated
by an inter-track wagering licensee or | 10 | | inter-track wagering location licensee
that derives its | 11 | | license from the organization licensee that operates the | 12 | | first
race track, those moneys shall be allocated as | 13 | | follows:
| 14 | | (A) That portion of all moneys wagered on | 15 | | standardbred racing that is
required under this Act to | 16 | | be paid to purses shall be paid to purses for
| 17 | | standardbred races.
| 18 | | (B) That portion of all moneys wagered on | 19 | | thoroughbred racing
that is required under this Act to | 20 | | be paid to purses shall be paid to purses
for | 21 | | thoroughbred races.
| 22 | | (11) (A) After payment of the privilege or pari-mutuel | 23 | | tax, any other
applicable
taxes, and
the costs and expenses | 24 | | in connection with the gathering, transmission, and
| 25 | | dissemination of all data necessary to the conduct of | 26 | | inter-track wagering,
the remainder of the monies retained |
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| 1 | | under either Section 26 or Section 26.2
of this Act by the | 2 | | inter-track wagering licensee on inter-track wagering
| 3 | | shall be allocated with 50% to be split between the
2 | 4 | | participating licensees and 50% to purses, except
that an | 5 | | inter-track intertrack wagering licensee that derives its
| 6 | | license from a track located in a county with a population | 7 | | in excess of 230,000
and that borders the Mississippi River | 8 | | shall not divide any remaining
retention with the Illinois | 9 | | organization licensee that provides the race or
races, and | 10 | | an inter-track intertrack wagering licensee that accepts | 11 | | wagers on races
conducted by an organization licensee that | 12 | | conducts a race meet in a county
with a population in | 13 | | excess of 230,000 and that borders the Mississippi River
| 14 | | shall not divide any remaining retention with that | 15 | | organization licensee.
| 16 | | (B) From the
sums permitted to be retained pursuant to | 17 | | this Act each inter-track wagering
location licensee shall | 18 | | pay (i) the privilege or pari-mutuel tax to the
State; (ii) | 19 | | 4.75% of the
pari-mutuel handle on inter-track intertrack | 20 | | wagering at such location on
races as purses, except that
| 21 | | an inter-track intertrack wagering location licensee that | 22 | | derives its license from a
track located in a county with a | 23 | | population in excess of 230,000 and that
borders the | 24 | | Mississippi River shall retain all purse moneys for its own | 25 | | purse
account consistent with distribution set forth in | 26 | | this subsection (h), and inter-track
intertrack wagering |
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| 1 | | location licensees that accept wagers on races
conducted
by | 2 | | an organization licensee located in a county with a | 3 | | population in excess of
230,000 and that borders the | 4 | | Mississippi River shall distribute all purse
moneys to | 5 | | purses at the operating host track; (iii) until January 1, | 6 | | 2000,
except as
provided in
subsection (g) of Section 27 of | 7 | | this Act, 1% of the
pari-mutuel handle wagered on | 8 | | inter-track wagering and simulcast wagering at
each | 9 | | inter-track wagering
location licensee facility to the | 10 | | Horse Racing Tax Allocation Fund, provided
that, to the | 11 | | extent the total amount collected and distributed to the | 12 | | Horse
Racing Tax Allocation Fund under this subsection (h) | 13 | | during any calendar year
exceeds the amount collected and | 14 | | distributed to the Horse Racing Tax Allocation
Fund during | 15 | | calendar year 1994, that excess amount shall be | 16 | | redistributed (I)
to all inter-track wagering location | 17 | | licensees, based on each licensee's
pro-rata share of the | 18 | | total handle from inter-track wagering and simulcast
| 19 | | wagering for all inter-track wagering location licensees | 20 | | during the calendar
year in which this provision is | 21 | | applicable; then (II) the amounts redistributed
to each | 22 | | inter-track wagering location licensee as described in | 23 | | subpart (I)
shall be further redistributed as provided in | 24 | | subparagraph (B) of paragraph (5)
of subsection (g) of this | 25 | | Section 26 provided first, that the shares of those
| 26 | | amounts, which are to be redistributed to the host track or |
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| 1 | | to purses at the
host track under subparagraph (B) of | 2 | | paragraph (5) of subsection (g) of this
Section 26 shall be
| 3 | | redistributed based on each host track's pro rata share of | 4 | | the total
inter-track
wagering and simulcast wagering | 5 | | handle at all host tracks during the calendar
year in | 6 | | question, and second, that any amounts redistributed as | 7 | | described in
part (I) to an inter-track wagering location | 8 | | licensee that accepts
wagers on races conducted by an | 9 | | organization licensee that conducts a race meet
in a county | 10 | | with a population in excess of 230,000 and that borders the
| 11 | | Mississippi River shall be further redistributed as | 12 | | provided in subparagraphs
(D) and (E) of paragraph (7) of | 13 | | subsection (g) of this Section 26, with the
portion of that
| 14 | | further redistribution allocated to purses at that | 15 | | organization licensee to be
divided between standardbred | 16 | | purses and thoroughbred purses based on the
amounts | 17 | | otherwise allocated to purses at that organization | 18 | | licensee during the
calendar year in question; and (iv) 8% | 19 | | of the pari-mutuel handle on
inter-track wagering wagered | 20 | | at
such location to satisfy all costs and expenses of | 21 | | conducting its wagering. The
remainder of the monies | 22 | | retained by the inter-track wagering location licensee
| 23 | | shall be allocated 40% to the location licensee and 60% to | 24 | | the organization
licensee which provides the Illinois | 25 | | races to the location, except that an inter-track
| 26 | | intertrack wagering location
licensee that derives its |
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| 1 | | license from a track located in a county with a
population | 2 | | in excess of 230,000 and that borders the Mississippi River | 3 | | shall
not divide any remaining retention with the | 4 | | organization licensee that provides
the race or races and | 5 | | an inter-track intertrack wagering location licensee that | 6 | | accepts
wagers on races conducted by an organization | 7 | | licensee that conducts a race meet
in a county with a | 8 | | population in excess of 230,000 and that borders the
| 9 | | Mississippi River shall not divide any remaining retention | 10 | | with the
organization licensee.
Notwithstanding the | 11 | | provisions of clauses (ii) and (iv) of this
paragraph, in | 12 | | the case of the additional inter-track wagering location | 13 | | licenses
authorized under paragraph (1) of this subsection | 14 | | (h) by Public Act 87-110 this amendatory
Act of 1991 , those | 15 | | licensees shall pay the following amounts as purses:
during | 16 | | the first 12 months the licensee is in operation, 5.25% of
| 17 | | the
pari-mutuel handle wagered at the location on races; | 18 | | during the second 12
months, 5.25%; during the third 12 | 19 | | months, 5.75%;
during
the fourth 12 months,
6.25%; and | 20 | | during the fifth 12 months and thereafter, 6.75%. The
| 21 | | following amounts shall be retained by the licensee to | 22 | | satisfy all costs
and expenses of conducting its wagering: | 23 | | during the first 12 months the
licensee is in operation, | 24 | | 8.25% of the pari-mutuel handle wagered
at the
location; | 25 | | during the second 12 months, 8.25%; during the third 12
| 26 | | months, 7.75%;
during the fourth 12 months, 7.25%; and |
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| 1 | | during the fifth 12 months
and
thereafter, 6.75%.
For | 2 | | additional inter-track intertrack wagering location | 3 | | licensees authorized under Public Act 89-16 this
| 4 | | amendatory
Act of 1995 , purses for the first 12 months the | 5 | | licensee is in operation shall
be 5.75% of the pari-mutuel | 6 | | wagered
at the location, purses for the second 12 months | 7 | | the licensee is in operation
shall be 6.25%, and purses
| 8 | | thereafter shall be 6.75%. For additional inter-track | 9 | | intertrack location
licensees
authorized under Public Act | 10 | | 89-16
this amendatory Act of 1995 , the licensee shall be | 11 | | allowed to retain to satisfy
all costs and expenses: 7.75% | 12 | | of the pari-mutuel handle wagered at
the location
during | 13 | | its first 12 months of operation, 7.25% during its second
| 14 | | 12
months of
operation, and 6.75% thereafter.
| 15 | | (C) There is hereby created the Horse Racing Tax | 16 | | Allocation Fund
which shall remain in existence until | 17 | | December 31, 1999. Moneys
remaining in the Fund after | 18 | | December 31, 1999
shall be paid into the
General Revenue | 19 | | Fund. Until January 1, 2000,
all monies paid into the Horse | 20 | | Racing Tax Allocation Fund pursuant to this
paragraph (11) | 21 | | by inter-track wagering location licensees located in park
| 22 | | districts of 500,000 population or less, or in a | 23 | | municipality that is not
included within any park district | 24 | | but is included within a conservation
district and is the | 25 | | county seat of a county that (i) is contiguous to the state
| 26 | | of Indiana and (ii) has a 1990 population of 88,257 |
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| 1 | | according to the United
States Bureau of the Census, and | 2 | | operating on May 1, 1994 shall be
allocated by | 3 | | appropriation as follows:
| 4 | | Two-sevenths to the Department of Agriculture. | 5 | | Fifty percent of
this two-sevenths shall be used to | 6 | | promote the Illinois horse racing and
breeding | 7 | | industry, and shall be distributed by the Department of | 8 | | Agriculture
upon the advice of a 9-member committee | 9 | | appointed by the Governor consisting of
the following | 10 | | members: the Director of Agriculture, who shall serve | 11 | | as
chairman; 2 representatives of organization | 12 | | licensees conducting thoroughbred
race meetings in | 13 | | this State, recommended by those licensees; 2 | 14 | | representatives
of organization licensees conducting | 15 | | standardbred race meetings in this State,
recommended | 16 | | by those licensees; a representative of the Illinois
| 17 | | Thoroughbred Breeders and Owners Foundation, | 18 | | recommended by that
Foundation; a representative of | 19 | | the Illinois Standardbred Owners and
Breeders | 20 | | Association, recommended
by that Association; a | 21 | | representative of
the Horsemen's Benevolent and | 22 | | Protective Association or any successor
organization | 23 | | thereto established in Illinois comprised of the | 24 | | largest number of
owners and trainers, recommended by | 25 | | that
Association or that successor organization; and a
| 26 | | representative of the Illinois Harness Horsemen's
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| 1 | | Association, recommended by that Association. | 2 | | Committee members shall
serve for terms of 2 years, | 3 | | commencing January 1 of each even-numbered
year. If a | 4 | | representative of any of the above-named entities has | 5 | | not been
recommended by January 1 of any even-numbered | 6 | | year, the Governor shall
appoint a committee member to | 7 | | fill that position. Committee members shall
receive no | 8 | | compensation for their services as members but shall be
| 9 | | reimbursed for all actual and necessary expenses and | 10 | | disbursements incurred
in the performance of their | 11 | | official duties. The remaining 50% of this
| 12 | | two-sevenths shall be distributed to county fairs for | 13 | | premiums and
rehabilitation as set forth in the | 14 | | Agricultural Fair Act;
| 15 | | Four-sevenths to park districts or municipalities | 16 | | that do not have a
park district of 500,000 population | 17 | | or less for museum purposes (if an
inter-track wagering | 18 | | location licensee is located in such a park district) | 19 | | or
to conservation districts for museum purposes (if an | 20 | | inter-track wagering
location licensee is located in a | 21 | | municipality that is not included within any
park | 22 | | district but is included within a conservation | 23 | | district and is the county
seat of a county that (i) is | 24 | | contiguous to the state of Indiana and (ii) has a
1990 | 25 | | population of 88,257 according to the United States | 26 | | Bureau of the Census,
except that if the conservation |
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| 1 | | district does not maintain a museum, the monies
shall | 2 | | be allocated equally between the county and the | 3 | | municipality in which the
inter-track wagering | 4 | | location licensee is located for general purposes) or | 5 | | to a
municipal recreation board for park purposes (if | 6 | | an inter-track wagering
location licensee is located | 7 | | in a municipality that is not included within any
park | 8 | | district and park maintenance is the function of the | 9 | | municipal recreation
board and the municipality has a | 10 | | 1990 population of 9,302 according to the
United States | 11 | | Bureau of the Census); provided that the monies are | 12 | | distributed
to each park district or conservation | 13 | | district or municipality that does not
have a park | 14 | | district in an amount equal to four-sevenths of the | 15 | | amount
collected by each inter-track wagering location | 16 | | licensee within the park
district or conservation | 17 | | district or municipality for the Fund. Monies that
were | 18 | | paid into the Horse Racing Tax Allocation Fund before | 19 | | August 9, 1991 ( the effective date
of Public Act | 20 | | 87-110) this amendatory Act of 1991 by an inter-track | 21 | | wagering location licensee
located in a municipality | 22 | | that is not included within any park district but is
| 23 | | included within a conservation district as provided in | 24 | | this paragraph shall, as
soon as practicable after | 25 | | August 9, 1991 ( the effective date of Public Act | 26 | | 87-110) this amendatory Act of 1991 , be
allocated and |
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| 1 | | paid to that conservation district as provided in this | 2 | | paragraph.
Any park district or municipality not | 3 | | maintaining a museum may deposit the
monies in the | 4 | | corporate fund of the park district or municipality | 5 | | where the
inter-track wagering location is located, to | 6 | | be used for general purposes;
and
| 7 | | One-seventh to the Agricultural Premium Fund to be | 8 | | used for distribution
to agricultural home economics | 9 | | extension councils in accordance with "An
Act in | 10 | | relation to additional support and finances for the | 11 | | Agricultural and
Home Economic Extension Councils in | 12 | | the several counties of this State and
making an | 13 | | appropriation therefor", approved July 24, 1967.
| 14 | | Until January 1, 2000, all other
monies paid into the | 15 | | Horse Racing Tax
Allocation Fund pursuant to
this paragraph | 16 | | (11) shall be allocated by appropriation as follows:
| 17 | | Two-sevenths to the Department of Agriculture. | 18 | | Fifty percent of this
two-sevenths shall be used to | 19 | | promote the Illinois horse racing and breeding
| 20 | | industry, and shall be distributed by the Department of | 21 | | Agriculture upon the
advice of a 9-member committee | 22 | | appointed by the Governor consisting of the
following | 23 | | members: the Director of Agriculture, who shall serve | 24 | | as chairman; 2
representatives of organization | 25 | | licensees conducting thoroughbred race meetings
in | 26 | | this State, recommended by those licensees; 2 |
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| 1 | | representatives of
organization licensees conducting | 2 | | standardbred race meetings in this State,
recommended | 3 | | by those licensees; a representative of the Illinois | 4 | | Thoroughbred
Breeders and Owners Foundation, | 5 | | recommended by that Foundation; a
representative of | 6 | | the Illinois Standardbred Owners and Breeders | 7 | | Association,
recommended by that Association; a | 8 | | representative of the Horsemen's Benevolent
and | 9 | | Protective Association or any successor organization | 10 | | thereto established
in Illinois comprised of the | 11 | | largest number of owners and trainers,
recommended by | 12 | | that Association or that successor organization; and a
| 13 | | representative of the Illinois Harness Horsemen's | 14 | | Association, recommended by
that Association. | 15 | | Committee members shall serve for terms of 2 years,
| 16 | | commencing January 1 of each even-numbered year. If a | 17 | | representative of any of
the above-named entities has | 18 | | not been recommended by January 1 of any
even-numbered | 19 | | year, the Governor shall appoint a committee member to | 20 | | fill that
position. Committee members shall receive no | 21 | | compensation for their services
as members but shall be | 22 | | reimbursed for all actual and necessary expenses and
| 23 | | disbursements incurred in the performance of their | 24 | | official duties. The
remaining 50% of this | 25 | | two-sevenths shall be distributed to county fairs for
| 26 | | premiums and rehabilitation as set forth in the |
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| 1 | | Agricultural Fair Act;
| 2 | | Four-sevenths to museums and aquariums located in | 3 | | park districts of over
500,000 population; provided | 4 | | that the monies are distributed in accordance with
the | 5 | | previous year's distribution of the maintenance tax | 6 | | for such museums and
aquariums as provided in Section 2 | 7 | | of the Park District Aquarium and Museum
Act; and
| 8 | | One-seventh to the Agricultural Premium Fund to be | 9 | | used for distribution
to agricultural home economics | 10 | | extension councils in accordance with "An Act
in | 11 | | relation to additional support and finances for the | 12 | | Agricultural and
Home Economic Extension Councils in | 13 | | the several counties of this State and
making an | 14 | | appropriation therefor", approved July 24, 1967.
This | 15 | | subparagraph (C) shall be inoperative and of no force | 16 | | and effect on and
after January 1, 2000.
| 17 | | (D) Except as provided in paragraph (11) of this | 18 | | subsection (h),
with respect to purse allocation from | 19 | | inter-track intertrack wagering, the monies so
| 20 | | retained shall be divided as follows:
| 21 | | (i) If the inter-track wagering licensee, | 22 | | except an inter-track intertrack
wagering licensee | 23 | | that derives its license from an organization
| 24 | | licensee located in a county with a population in | 25 | | excess of 230,000 and bounded
by the Mississippi | 26 | | River, is not conducting its own
race meeting |
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| 1 | | during the same dates, then the entire purse | 2 | | allocation shall be
to purses at the track where | 3 | | the races wagered on are being conducted.
| 4 | | (ii) If the inter-track wagering licensee, | 5 | | except an inter-track intertrack
wagering licensee | 6 | | that derives its license from an organization
| 7 | | licensee located in a county with a population in | 8 | | excess of 230,000 and bounded
by the Mississippi | 9 | | River, is also
conducting its own
race meeting | 10 | | during the same dates, then the purse allocation | 11 | | shall be as
follows: 50% to purses at the track | 12 | | where the races wagered on are
being conducted; 50% | 13 | | to purses at the track where the inter-track
| 14 | | wagering licensee is accepting such wagers.
| 15 | | (iii) If the inter-track wagering is being | 16 | | conducted by an inter-track
wagering location | 17 | | licensee, except an inter-track intertrack | 18 | | wagering location licensee
that derives its | 19 | | license from an organization licensee located in a
| 20 | | county with a population in excess of 230,000 and | 21 | | bounded by the Mississippi
River, the entire purse | 22 | | allocation for Illinois races shall
be to purses at | 23 | | the track where the race meeting being wagered on | 24 | | is being
held.
| 25 | | (12) The Board shall have all powers necessary and | 26 | | proper to fully
supervise and control the conduct of
|
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| 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 |
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| 1 | | from such premises solely on the grounds of race,
| 2 | | color, creed, national origin, ancestry, or sex.
| 3 | | (D) (Blank).
| 4 | | (E) The Board is vested with the power to appoint | 5 | | delegates to execute
any of the powers granted to it | 6 | | under this Section for the purpose of
administering | 7 | | this wagering and any
rules and
regulations
| 8 | | promulgated in accordance with this Act.
| 9 | | (F) The Board shall name and appoint a State | 10 | | director of this wagering
who shall be a representative | 11 | | of the Board and whose
duty it shall
be to supervise | 12 | | the conduct of inter-track wagering as may be provided | 13 | | for
by the rules and regulations of the Board; such | 14 | | rules and regulation shall
specify the method of | 15 | | appointment and the Director's powers, authority and
| 16 | | duties.
| 17 | | (G) The Board is vested with the power to impose | 18 | | civil penalties of up
to $5,000 against individuals and | 19 | | up to $10,000 against
licensees for each violation of | 20 | | any provision of
this Act relating to the conduct of | 21 | | this wagering, any
rules adopted
by the Board, any | 22 | | order of the Board or any other action which in the | 23 | | Board's
discretion, is a detriment or impediment to | 24 | | such wagering.
| 25 | | (13) The Department of Agriculture may enter into | 26 | | agreements with
licensees authorizing such licensees to |
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| 1 | | conduct inter-track
wagering on races to be held at the | 2 | | licensed race meetings conducted by the
Department of | 3 | | Agriculture. Such
agreement shall specify the races of the | 4 | | Department of Agriculture's
licensed race meeting upon | 5 | | which the licensees will conduct wagering. In the
event | 6 | | that a licensee
conducts inter-track pari-mutuel wagering | 7 | | on races from the Illinois State Fair
or DuQuoin State Fair | 8 | | which are in addition to the licensee's previously
approved | 9 | | racing program, those races shall be considered a separate | 10 | | racing day
for the
purpose of determining the daily handle | 11 | | and computing the privilege or
pari-mutuel tax on
that | 12 | | daily handle as provided in Sections 27
and 27.1. Such
| 13 | | agreements shall be approved by the Board before such | 14 | | wagering may be
conducted. In determining whether to grant | 15 | | approval, the Board shall give
due consideration to the | 16 | | best interests of the public and of horse racing.
The | 17 | | provisions of paragraphs (1), (8), (8.1), and (8.2) of
| 18 | | subsection (h) of this
Section which are not specified in | 19 | | this paragraph (13) shall not apply to
licensed race | 20 | | meetings conducted by the Department of Agriculture at the
| 21 | | Illinois State Fair in Sangamon County or the DuQuoin State | 22 | | Fair in Perry
County, or to any wagering conducted on
those | 23 | | race meetings. | 24 | | (14) An inter-track wagering location license | 25 | | authorized by the Board in 2016 that is owned and operated | 26 | | by a race track in Rock Island County shall be transferred |
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| 1 | | to a commonly owned race track in Cook County on August 12, | 2 | | 2016 ( the effective date of Public Act 99-757) this | 3 | | amendatory Act of the 99th General Assembly . The licensee | 4 | | shall retain its status in relation to purse distribution | 5 | | under paragraph (11) of this subsection (h) following the | 6 | | transfer to the new entity. The pari-mutuel tax credit | 7 | | under Section 32.1 shall not be applied toward any | 8 | | pari-mutuel tax obligation of the inter-track wagering | 9 | | location licensee of the license that is transferred under | 10 | | this paragraph (14).
| 11 | | (i) Notwithstanding the other provisions of this Act, the | 12 | | conduct of
wagering at wagering facilities is authorized on all | 13 | | days, except as limited by
subsection (b) of Section 19 of this | 14 | | Act.
| 15 | | (Source: P.A. 98-18, eff. 6-7-13; 98-624, eff. 1-29-14; 98-968, | 16 | | eff. 8-15-14; 99-756, eff. 8-12-16; 99-757, eff. 8-12-16; | 17 | | revised 9-14-16.)
| 18 | | (230 ILCS 5/26.10 new) | 19 | | Sec. 26.10. Wagering on historical horse races authorized. | 20 | | (a) Wagering on historical horse races is authorized and | 21 | | may be conducted in accordance with this Act. | 22 | | Wagering on a historical horse race shall only be conducted | 23 | | by an organization licensee licensed to conduct a live horse | 24 | | race meet and licensed to conduct inter-track and simulcast | 25 | | wagering in the year 2016. |
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| 1 | | Wagering on a historical horse race shall only be permitted | 2 | | in a designated area at any licensed premise of an organization | 3 | | licensee licensed to conduct a live horse race meeting. | 4 | | An organization licensee may conduct wagering on | 5 | | standardbred, quarter horse, and thoroughbred historical horse | 6 | | races regardless of the type of breed that primarily races in | 7 | | live meets conducted by the organization licensee. An | 8 | | organization licensee may conduct wagering on historical races | 9 | | on any days and hours during which pari-mutuel wagering on live | 10 | | or simulcast races is being conducted and is approved by the | 11 | | Board, and wagering shall not be limited to times during which | 12 | | the organization licensee is conducting a live horse race | 13 | | meeting. | 14 | | Any wager placed on a historical horse race shall be | 15 | | through the pari-mutuel system of wagering. | 16 | | Before offering wagering on a historical horse race, an | 17 | | organization licensee shall first obtain the Board's written | 18 | | approval of all wagers offered as set forth in rules adopted by | 19 | | the Board. | 20 | | (b) All wagering on a historical horse race shall | 21 | | incorporate all of the following elements: | 22 | | (1) A patron may only wager on a historical horse race | 23 | | on a terminal approved by the Board. | 24 | | (2) Once a patron wagers an amount in the terminal | 25 | | offering wagering on a historical horse race, a historical | 26 | | horse race shall be chosen at random. |
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| 1 | | (3) Prior to the patron making his or her wager | 2 | | selections, the terminal shall not display any information | 3 | | that would allow the patron to identify the historical race | 4 | | on which he or she is wagering, including the location of | 5 | | the race, the date on which the race was run, the names of | 6 | | the horses in the race, or the names of the jockeys or | 7 | | drivers that rode the horses in the race. | 8 | | (4) The terminal shall make available true and accurate | 9 | | past performance information on the historical horse race | 10 | | to the patron prior to making his or her wager selections. | 11 | | The information shall be current as of the day the | 12 | | historical horse race was actually run. The information | 13 | | provided to the patron shall be displayed on the terminal | 14 | | in data or graphical form. | 15 | | (5) After a patron finalizes his or her wager | 16 | | selections, the terminal shall display a video replay of | 17 | | the race, or a portion thereof, or an animated depiction of | 18 | | the race's finish and the official results of the race. The | 19 | | identity of the race shall be revealed to the patron after | 20 | | the patron has placed his or her wager. | 21 | | (c) A wager on a historical horse race, less deductions | 22 | | permitted by this Act shall be placed in pari-mutuels pools | 23 | | approved by the Board. | 24 | | A payout to a winning patron shall be paid from money | 25 | | wagered by patrons or the initial seed pool and shall not | 26 | | constitute a wager against the organization licensee. |
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| 1 | | An organization licensee conducting wagering on a | 2 | | historical horse race shall not conduct wagering in such a | 3 | | manner that patrons are wagering against the organization | 4 | | licensee or in such a manner that the amount retained by the | 5 | | organization licensee is dependent upon the outcome of any | 6 | | particular race or the success of any particular wager. | 7 | | An organization licensee shall only pay a winning wager on | 8 | | a historical horse race out of the applicable pari-mutuel pool | 9 | | and shall not pay a winning wager out of the organization | 10 | | licensee's funds. Payment of a winning wager shall not exceed | 11 | | the amount available in the applicable pari-mutuel pool. | 12 | | An organization licensee offering wagering on a historical | 13 | | horse race shall operate seed pools in a manner and method | 14 | | approved by the Board as set forth in this Act. For each wager | 15 | | made, an organization licensee may assign a percentage of the | 16 | | wager to seed pools. The seed pools shall be maintained and | 17 | | funded so that the amount available at any given time is | 18 | | sufficient to ensure that a patron will be paid the minimum | 19 | | amount required on a winning wager. | 20 | | An organization licensee shall provide the funding for the | 21 | | initial seed pool for each type of exotic wager. The funding | 22 | | for the initial seed pool shall be nonrefundable and in an | 23 | | amount sufficient to ensure that a patron will be paid the | 24 | | minimum amount required on a winning wager. | 25 | | (d) Terminals offering wagering on historical horse races | 26 | | shall be located within designated areas that have the prior |
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| 1 | | written approval of the Board. Designated areas shall be | 2 | | established in such a way as to control access by the general | 3 | | public and prevent entry by any patron who is under 18 years of | 4 | | age or is otherwise not permitted to place wagers. | 5 | | An organization licensee shall monitor persons entering | 6 | | and leaving the designated areas and shall prevent access to | 7 | | any patron who is under 18 years of age or is otherwise not | 8 | | permitted to place wagers on historical horse races. | 9 | | An organization licensee shall provide terminals that are | 10 | | accessible to patrons with disabilities. | 11 | | (e) An organization licensee shall not offer a wager on any | 12 | | historical horse race without the prior written approval of the | 13 | | Board. | 14 | | An organization licensee making a request to offer a | 15 | | pari-mutuel wager on a historical horse race may make an oral | 16 | | presentation to the Board regarding the wager prior to the | 17 | | Board deciding on the request. The presentation shall be made | 18 | | by the organization licensee during a meeting of the Board and | 19 | | shall be limited to the information contained in the written | 20 | | request and any supplemental information relevant to the | 21 | | Board's determination of the suitability of the wager. The | 22 | | Board may require an organization licensee to clarify or | 23 | | otherwise respond to questions concerning the written request | 24 | | as a condition to approval of the wager. | 25 | | The Board may request additional information from an | 26 | | organization licensee regarding the wager if the additional |
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| 1 | | information would assist the Board in deciding whether to | 2 | | approve it. | 3 | | (f) An organization licensee shall submit a written request | 4 | | to the Board for permission to offer a wager on a historical | 5 | | horse race, which shall include: | 6 | | (1) the types, numbers, and denominations of | 7 | | pari-mutuel wagers to be offered; | 8 | | (2) a detailed description of the rules that apply to | 9 | | the pari-mutuel wager and the method of calculating | 10 | | payouts, including how money will be allocated to the seed | 11 | | pool; | 12 | | (3) the days and hours of operation during which | 13 | | wagering on historical horse races will be offered; | 14 | | (4) a detailed description of the proposed designated | 15 | | area and the terminal or terminals on which the pari-mutuel | 16 | | wagers will be made, including an architect's rendering of | 17 | | the proposed designated area, that describes the size, | 18 | | construction, layout, capacity, and number of terminals | 19 | | and at least one photograph of the designated area when | 20 | | construction is completed; | 21 | | (5) the practices and procedures that will ensure the | 22 | | security, safety, and comfort of patrons in the designated | 23 | | area; | 24 | | (6) the manufacturer, make, and model of the terminal, | 25 | | including a copy of all literature supplied by the | 26 | | manufacturer of the terminal; |
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| 1 | | (7) the maintenance and repair procedures that will | 2 | | ensure the integrity of the terminals; and | 3 | | (8) a complete list of individuals who are authorized | 4 | | to examine and repair the terminals for any reason. | 5 | | (g) Wagering on historical horse races shall be conducted | 6 | | only on terminals approved by the Board as set forth in this | 7 | | Section. The Board shall not require any particular make of | 8 | | terminal. | 9 | | The Board shall require testing of each terminal used for | 10 | | wagering on historical horse races by an independent testing | 11 | | laboratory to ensure its integrity and proper working order. | 12 | | The independent testing laboratory shall be chosen by the | 13 | | Board, and the expense of the testing shall be paid by the | 14 | | organization licensee offering the wagering on historical | 15 | | horse races. | 16 | | Each terminal for wagering for a historical horse race | 17 | | shall display odds or pool amounts that the patron will receive | 18 | | for a winning wager on each pari-mutuel wagering pool. | 19 | | (h)
After payment of the pari-mutuel tax and any other | 20 | | applicable taxes, each organization licensee shall allocate | 21 | | 15% of the remaining amount retained under this Section to | 22 | | purse accounts. | 23 | | (i) From the amount the Board collects from the pari-mutuel | 24 | | tax imposed on wagers placed on historical racing, the Board | 25 | | shall pay 50% of the tax to the purse accounts of the | 26 | | organization licensee where the tax was generated. Amounts paid |
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| 1 | | under this subsection (i) to purse accounts shall not be | 2 | | subject to appropriation. ".
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