Illinois General Assembly - Full Text of SB3452
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Full Text of SB3452  100th General Assembly

SB3452ham002 100TH GENERAL ASSEMBLY

Rep. Robert Rita

Filed: 5/24/2018

 

 


 

 


 
10000SB3452ham002LRB100 20566 SMS 40612 a

1
AMENDMENT TO SENATE BILL 3452

2    AMENDMENT NO. ______. Amend Senate Bill 3452 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Horse Racing Act of 1975 is
5amended by changing Sections 26, 26.8, 26.9, and 27 as follows:
 
6    (230 ILCS 5/26)  (from Ch. 8, par. 37-26)
7    Sec. 26. Wagering.
8    (a) Any licensee may conduct and supervise the pari-mutuel
9system of wagering, as defined in Section 3.12 of this Act, on
10horse races conducted by an Illinois organization licensee or
11conducted at a racetrack located in another state or country
12and televised in Illinois in accordance with subsection (g) of
13Section 26 of this Act. Subject to the prior consent of the
14Board, licensees may supplement any pari-mutuel pool in order
15to guarantee a minimum distribution. Such pari-mutuel method of
16wagering shall not, under any circumstances if conducted under

 

 

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1the provisions of this Act, be held or construed to be
2unlawful, other statutes of this State to the contrary
3notwithstanding. Subject to rules for advance wagering
4promulgated by the Board, any licensee may accept wagers in
5advance of the day of the race wagered upon occurs.
6    (b) No other method of betting, pool making, wagering or
7gambling shall be used or permitted by the licensee. Each
8licensee may retain, subject to the payment of all applicable
9taxes and purses, an amount not to exceed 17% of all money
10wagered under subsection (a) of this Section, except as may
11otherwise be permitted under this Act.
12    (b-5) An individual may place a wager under the pari-mutuel
13system from any licensed location authorized under this Act
14provided that wager is electronically recorded in the manner
15described in Section 3.12 of this Act. Any wager made
16electronically by an individual while physically on the
17premises of a licensee shall be deemed to have been made at the
18premises of that licensee.
19    (c) Until January 1, 2000, the sum held by any licensee for
20payment of outstanding pari-mutuel tickets, if unclaimed prior
21to December 31 of the next year, shall be retained by the
22licensee for payment of such tickets until that date. Within 10
23days thereafter, the balance of such sum remaining unclaimed,
24less any uncashed supplements contributed by such licensee for
25the purpose of guaranteeing minimum distributions of any
26pari-mutuel pool, shall be paid to the Illinois Veterans'

 

 

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1Rehabilitation Fund of the State treasury, except as provided
2in subsection (g) of Section 27 of this Act.
3    (c-5) Beginning January 1, 2000, the sum held by any
4licensee for payment of outstanding pari-mutuel tickets, if
5unclaimed prior to December 31 of the next year, shall be
6retained by the licensee for payment of such tickets until that
7date. Within 10 days thereafter, the balance of such sum
8remaining unclaimed, less any uncashed supplements contributed
9by such licensee for the purpose of guaranteeing minimum
10distributions of any pari-mutuel pool, shall be evenly
11distributed to the purse account of the organization licensee
12and the organization licensee.
13    (d) A pari-mutuel ticket shall be honored until December 31
14of the next calendar year, and the licensee shall pay the same
15and may charge the amount thereof against unpaid money
16similarly accumulated on account of pari-mutuel tickets not
17presented for payment.
18    (e) No licensee shall knowingly permit any minor, other
19than an employee of such licensee or an owner, trainer, jockey,
20driver, or employee thereof, to be admitted during a racing
21program unless accompanied by a parent or guardian, or any
22minor to be a patron of the pari-mutuel system of wagering
23conducted or supervised by it. The admission of any
24unaccompanied minor, other than an employee of the licensee or
25an owner, trainer, jockey, driver, or employee thereof at a
26race track is a Class C misdemeanor.

 

 

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1    (f) Notwithstanding the other provisions of this Act, an
2organization licensee may contract with an entity in another
3state or country to permit any legal wagering entity in another
4state or country to accept wagers solely within such other
5state or country on races conducted by the organization
6licensee in this State. Beginning January 1, 2000, these wagers
7shall not be subject to State taxation. Until January 1, 2000,
8when the out-of-State entity conducts a pari-mutuel pool
9separate from the organization licensee, a privilege tax equal
10to 7 1/2% of all monies received by the organization licensee
11from entities in other states or countries pursuant to such
12contracts is imposed on the organization licensee, and such
13privilege tax shall be remitted to the Department of Revenue
14within 48 hours of receipt of the moneys from the simulcast.
15When the out-of-State entity conducts a combined pari-mutuel
16pool with the organization licensee, the tax shall be 10% of
17all monies received by the organization licensee with 25% of
18the receipts from this 10% tax to be distributed to the county
19in which the race was conducted.
20    An organization licensee may permit one or more of its
21races to be utilized for pari-mutuel wagering at one or more
22locations in other states and may transmit audio and visual
23signals of races the organization licensee conducts to one or
24more locations outside the State or country and may also permit
25pari-mutuel pools in other states or countries to be combined
26with its gross or net wagering pools or with wagering pools

 

 

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1established by other states.
2    (g) A host track may accept interstate simulcast wagers on
3horse races conducted in other states or countries and shall
4control the number of signals and types of breeds of racing in
5its simulcast program, subject to the disapproval of the Board.
6The Board may prohibit a simulcast program only if it finds
7that the simulcast program is clearly adverse to the integrity
8of racing. The host track simulcast program shall include the
9signal of live racing of all organization licensees. All
10non-host licensees and advance deposit wagering licensees
11shall carry the signal of and accept wagers on live racing of
12all organization licensees. Advance deposit wagering licensees
13shall not be permitted to accept out-of-state wagers on any
14Illinois signal provided pursuant to this Section without the
15approval and consent of the organization licensee providing the
16signal. For one year after August 15, 2014 (the effective date
17of Public Act 98-968), non-host licensees may carry the host
18track simulcast program and shall accept wagers on all races
19included as part of the simulcast program of horse races
20conducted at race tracks located within North America upon
21which wagering is permitted. For a period of one year after
22August 15, 2014 (the effective date of Public Act 98-968), on
23horse races conducted at race tracks located outside of North
24America, non-host licensees may accept wagers on all races
25included as part of the simulcast program upon which wagering
26is permitted. Beginning August 15, 2015 (one year after the

 

 

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1effective date of Public Act 98-968), non-host licensees may
2carry the host track simulcast program and shall accept wagers
3on all races included as part of the simulcast program upon
4which wagering is permitted. All organization licensees shall
5provide their live signal to all advance deposit wagering
6licensees for a simulcast commission fee not to exceed 6% of
7the advance deposit wagering licensee's Illinois handle on the
8organization licensee's signal without prior approval by the
9Board. The Board may adopt rules under which it may permit
10simulcast commission fees in excess of 6%. The Board shall
11adopt rules limiting the interstate commission fees charged to
12an advance deposit wagering licensee. The Board shall adopt
13rules regarding advance deposit wagering on interstate
14simulcast races that shall reflect, among other things, the
15General Assembly's desire to maximize revenues to the State,
16horsemen purses, and organizational licensees. However,
17organization licensees providing live signals pursuant to the
18requirements of this subsection (g) may petition the Board to
19withhold their live signals from an advance deposit wagering
20licensee if the organization licensee discovers and the Board
21finds reputable or credible information that the advance
22deposit wagering licensee is under investigation by another
23state or federal governmental agency, the advance deposit
24wagering licensee's license has been suspended in another
25state, or the advance deposit wagering licensee's license is in
26revocation proceedings in another state. The organization

 

 

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1licensee's provision of their live signal to an advance deposit
2wagering licensee under this subsection (g) pertains to wagers
3placed from within Illinois. Advance deposit wagering
4licensees may place advance deposit wagering terminals at
5wagering facilities as a convenience to customers. The advance
6deposit wagering licensee shall not charge or collect any fee
7from purses for the placement of the advance deposit wagering
8terminals. The costs and expenses of the host track and
9non-host licensees associated with interstate simulcast
10wagering, other than the interstate commission fee, shall be
11borne by the host track and all non-host licensees incurring
12these costs. The interstate commission fee shall not exceed 5%
13of Illinois handle on the interstate simulcast race or races
14without prior approval of the Board. The Board shall promulgate
15rules under which it may permit interstate commission fees in
16excess of 5%. The interstate commission fee and other fees
17charged by the sending racetrack, including, but not limited
18to, satellite decoder fees, shall be uniformly applied to the
19host track and all non-host licensees.
20    Notwithstanding any other provision of this Act, through
21December 31, 2020 2018, an organization licensee, with the
22consent of the horsemen association representing the largest
23number of owners, trainers, jockeys, or standardbred drivers
24who race horses at that organization licensee's racing meeting,
25may maintain a system whereby advance deposit wagering may take
26place or an organization licensee, with the consent of the

 

 

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1horsemen association representing the largest number of
2owners, trainers, jockeys, or standardbred drivers who race
3horses at that organization licensee's racing meeting, may
4contract with another person to carry out a system of advance
5deposit wagering. Such consent may not be unreasonably
6withheld. Only with respect to an appeal to the Board that
7consent for an organization licensee that maintains its own
8advance deposit wagering system is being unreasonably
9withheld, the Board shall issue a final order within 30 days
10after initiation of the appeal, and the organization licensee's
11advance deposit wagering system may remain operational during
12that 30-day period. The actions of any organization licensee
13who conducts advance deposit wagering or any person who has a
14contract with an organization licensee to conduct advance
15deposit wagering who conducts advance deposit wagering on or
16after January 1, 2013 and prior to June 7, 2013 (the effective
17date of Public Act 98-18) taken in reliance on the changes made
18to this subsection (g) by Public Act 98-18 are hereby
19validated, provided payment of all applicable pari-mutuel
20taxes are remitted to the Board. All advance deposit wagers
21placed from within Illinois must be placed through a
22Board-approved advance deposit wagering licensee; no other
23entity may accept an advance deposit wager from a person within
24Illinois. All advance deposit wagering is subject to any rules
25adopted by the Board. The Board may adopt rules necessary to
26regulate advance deposit wagering through the use of emergency

 

 

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1rulemaking in accordance with Section 5-45 of the Illinois
2Administrative Procedure Act. The General Assembly finds that
3the adoption of rules to regulate advance deposit wagering is
4deemed an emergency and necessary for the public interest,
5safety, and welfare. An advance deposit wagering licensee may
6retain all moneys as agreed to by contract with an organization
7licensee. Any moneys retained by the organization licensee from
8advance deposit wagering, not including moneys retained by the
9advance deposit wagering licensee, shall be paid 50% to the
10organization licensee's purse account and 50% to the
11organization licensee. With the exception of any organization
12licensee that is owned by a publicly traded company that is
13incorporated in a state other than Illinois and advance deposit
14wagering licensees under contract with such organization
15licensees, organization licensees that maintain advance
16deposit wagering systems and advance deposit wagering
17licensees that contract with organization licensees shall
18provide sufficiently detailed monthly accountings to the
19horsemen association representing the largest number of
20owners, trainers, jockeys, or standardbred drivers who race
21horses at that organization licensee's racing meeting so that
22the horsemen association, as an interested party, can confirm
23the accuracy of the amounts paid to the purse account at the
24horsemen association's affiliated organization licensee from
25advance deposit wagering. If more than one breed races at the
26same race track facility, then the 50% of the moneys to be paid

 

 

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

 

 

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1    non-host licensee and its affiliated non-host licensees
2    receiving the simulcast.
3        (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
4    inter-track wagering licensee other than the host track may
5    receive supplemental interstate simulcasts only with the
6    consent of the host track, except when the Board finds that
7    the simulcast is clearly adverse to the integrity of
8    racing. Consent granted under this paragraph (2) to any
9    inter-track wagering licensee shall be deemed consent to
10    all non-host licensees. The interstate commission fee for
11    the supplemental interstate simulcast shall be paid by all
12    participating non-host licensees.
13        (3) Each licensee conducting interstate simulcast
14    wagering may retain, subject to the payment of all
15    applicable taxes and the purses, an amount not to exceed
16    17% of all money wagered. If any licensee conducts the
17    pari-mutuel system wagering on races conducted at
18    racetracks in another state or country, each such race or
19    race program shall be considered a separate racing day for
20    the purpose of determining the daily handle and computing
21    the privilege tax of that daily handle as provided in
22    subsection (a) of Section 27. Until January 1, 2000, from
23    the sums permitted to be retained pursuant to this
24    subsection, each inter-track wagering location licensee
25    shall pay 1% of the pari-mutuel handle wagered on simulcast
26    wagering to the Horse Racing Tax Allocation Fund, subject

 

 

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

 

 

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

 

 

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1        interstate simulcast is a standardbred race, the purse
2        share to its standardbred purse account;
3            (B) Between January 1 and the third Friday in
4        February, inclusive, if no live thoroughbred racing is
5        occurring in Illinois during this period, and the
6        interstate simulcast is a thoroughbred race, the purse
7        share to its interstate simulcast purse pool to be
8        distributed under paragraph (10) of this subsection
9        (g);
10            (C) Between January 1 and the third Friday in
11        February, inclusive, if live thoroughbred racing is
12        occurring in Illinois, between 6:30 a.m. and 6:30 p.m.
13        the purse share from wagers made during this time
14        period to its thoroughbred purse account and between
15        6:30 p.m. and 6:30 a.m. the purse share from wagers
16        made during this time period to its standardbred purse
17        accounts;
18            (D) Between the third Saturday in February and
19        December 31, when the interstate simulcast occurs
20        between the hours of 6:30 a.m. and 6:30 p.m., the purse
21        share to its thoroughbred purse account;
22            (E) Between the third Saturday in February and
23        December 31, when the interstate simulcast occurs
24        between the hours of 6:30 p.m. and 6:30 a.m., the purse
25        share to its standardbred purse account.
26        (7.1) Notwithstanding any other provision of this Act

 

 

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

 

 

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1        Advisory Board.
2        (7.2) Notwithstanding any other provision of this Act
3    to the contrary, if no thoroughbred racing is conducted at
4    a racetrack located in Madison County during any calendar
5    year beginning on or after January 1, 2002, all moneys
6    derived by that racetrack from simulcast wagering and
7    inter-track wagering that (1) are to be used for purses and
8    (2) are generated between the hours of 6:30 a.m. and 6:30
9    p.m. during that calendar year shall be deposited as
10    follows:
11            (A) If the licensee that conducts horse racing at
12        that racetrack requests from the Board at least as many
13        racing dates as were conducted in calendar year 2000,
14        80% shall be deposited into its standardbred purse
15        account; and
16            (B) Twenty percent shall be deposited into the
17        Illinois Colt Stakes Purse Distribution Fund. Moneys
18        deposited into the Illinois Colt Stakes Purse
19        Distribution Fund pursuant to this subparagraph (B)
20        shall be paid to Illinois conceived and foaled
21        thoroughbred breeders' programs and to thoroughbred
22        purses for races conducted at any county fairgrounds
23        for Illinois conceived and foaled horses at the
24        discretion of the Department of Agriculture, with the
25        advice and assistance of the Illinois Thoroughbred
26        Breeders Fund Advisory Board. The moneys deposited

 

 

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

 

 

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

 

 

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

 

 

10000SB3452ham002- 20 -LRB100 20566 SMS 40612 a

1    in the event that the total Illinois pari-mutuel handle on
2    Illinois horse races at all wagering facilities in any
3    calendar year is less than 75% of the total Illinois
4    pari-mutuel handle on Illinois horse races at all such
5    wagering facilities for calendar year 1994, then each
6    wagering facility that has an annual total Illinois
7    pari-mutuel handle on Illinois horse races that is less
8    than 75% of the total Illinois pari-mutuel handle on
9    Illinois horse races at such wagering facility for calendar
10    year 1994, shall be permitted to receive, from any amount
11    otherwise payable to the purse account at the race track
12    with which the wagering facility is affiliated in the
13    succeeding calendar year, an amount equal to 2% of the
14    differential in total Illinois pari-mutuel handle on
15    Illinois horse races at the wagering facility between that
16    calendar year in question and 1994 provided, however, that
17    a wagering facility shall not be entitled to any such
18    payment until the Board certifies in writing to the
19    wagering facility the amount to which the wagering facility
20    is entitled and a schedule for payment of the amount to the
21    wagering facility, based on: (i) the racing dates awarded
22    to the race track affiliated with the wagering facility
23    during the succeeding year; (ii) the sums available or
24    anticipated to be available in the purse account of the
25    race track affiliated with the wagering facility for purses
26    during the succeeding year; and (iii) the need to ensure

 

 

10000SB3452ham002- 21 -LRB100 20566 SMS 40612 a

1    reasonable purse levels during the payment period. The
2    Board's certification shall be provided no later than
3    January 31 of the succeeding year. In the event a wagering
4    facility entitled to a payment under this paragraph (13) is
5    affiliated with a race track that maintains purse accounts
6    for both standardbred and thoroughbred racing, the amount
7    to be paid to the wagering facility shall be divided
8    between each purse account pro rata, based on the amount of
9    Illinois handle on Illinois standardbred and thoroughbred
10    racing respectively at the wagering facility during the
11    previous calendar year. Annually, the General Assembly
12    shall appropriate sufficient funds from the General
13    Revenue Fund to the Department of Agriculture for payment
14    into the thoroughbred and standardbred horse racing purse
15    accounts at Illinois pari-mutuel tracks. The amount paid to
16    each purse account shall be the amount certified by the
17    Illinois Racing Board in January to be transferred from
18    each account to each eligible racing facility in accordance
19    with the provisions of this Section.
20    (h) The Board may approve and license the conduct of
21inter-track wagering and simulcast wagering by inter-track
22wagering licensees and inter-track wagering location licensees
23subject to the following terms and conditions:
24        (1) Any person licensed to conduct a race meeting (i)
25    at a track where 60 or more days of racing were conducted
26    during the immediately preceding calendar year or where

 

 

10000SB3452ham002- 22 -LRB100 20566 SMS 40612 a

1    over the 5 immediately preceding calendar years an average
2    of 30 or more days of racing were conducted annually may be
3    issued an inter-track wagering license; (ii) at a track
4    located in a county that is bounded by the Mississippi
5    River, which has a population of less than 150,000
6    according to the 1990 decennial census, and an average of
7    at least 60 days of racing per year between 1985 and 1993
8    may be issued an inter-track wagering license; or (iii) at
9    a track located in Madison County that conducted at least
10    100 days of live racing during the immediately preceding
11    calendar year may be issued an inter-track wagering
12    license, unless a lesser schedule of live racing is the
13    result of (A) weather, unsafe track conditions, or other
14    acts of God; (B) an agreement between the organization
15    licensee and the associations representing the largest
16    number of owners, trainers, jockeys, or standardbred
17    drivers who race horses at that organization licensee's
18    racing meeting; or (C) a finding by the Board of
19    extraordinary circumstances and that it was in the best
20    interest of the public and the sport to conduct fewer than
21    100 days of live racing. Any such person having operating
22    control of the racing facility may receive inter-track
23    wagering location licenses. An eligible race track located
24    in a county that has a population of more than 230,000 and
25    that is bounded by the Mississippi River may establish up
26    to 9 inter-track wagering locations, an eligible race track

 

 

10000SB3452ham002- 23 -LRB100 20566 SMS 40612 a

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

 

 

10000SB3452ham002- 24 -LRB100 20566 SMS 40612 a

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

 

 

10000SB3452ham002- 25 -LRB100 20566 SMS 40612 a

1    track at which a racing meeting is in progress.
2        (8.1) Inter-track wagering location licensees who
3    derive their licenses from a particular organization
4    licensee shall conduct inter-track wagering and simulcast
5    wagering only at locations that are within 160 miles of
6    that race track where the particular organization licensee
7    is licensed to conduct racing. However, inter-track
8    wagering and simulcast wagering shall not be conducted by
9    those licensees at any location within 5 miles of any race
10    track at which a horse race meeting has been licensed in
11    the current year, unless the person having operating
12    control of such race track has given its written consent to
13    such inter-track wagering location licensees, which
14    consent must be filed with the Board at or prior to the
15    time application is made. In the case of any inter-track
16    wagering location licensee initially licensed after
17    December 31, 2013, inter-track wagering and simulcast
18    wagering shall not be conducted by those inter-track
19    wagering location licensees that are located outside the
20    City of Chicago at any location within 8 miles of any race
21    track at which a horse race meeting has been licensed in
22    the current year, unless the person having operating
23    control of such race track has given its written consent to
24    such inter-track wagering location licensees, which
25    consent must be filed with the Board at or prior to the
26    time application is made.

 

 

10000SB3452ham002- 26 -LRB100 20566 SMS 40612 a

1        (8.2) Inter-track wagering or simulcast wagering shall
2    not be conducted by an inter-track wagering location
3    licensee at any location within 500 feet of an existing
4    church or existing school, nor within 500 feet of the
5    residences of more than 50 registered voters without
6    receiving written permission from a majority of the
7    registered voters at such residences. Such written
8    permission statements shall be filed with the Board. The
9    distance of 500 feet shall be measured to the nearest part
10    of any building used for worship services, education
11    programs, residential purposes, or conducting inter-track
12    wagering by an inter-track wagering location licensee, and
13    not to property boundaries. However, inter-track wagering
14    or simulcast wagering may be conducted at a site within 500
15    feet of a church, school or residences of 50 or more
16    registered voters if such church, school or residences have
17    been erected or established, or such voters have been
18    registered, after the Board issues the original
19    inter-track wagering location license at the site in
20    question. Inter-track wagering location licensees may
21    conduct inter-track wagering and simulcast wagering only
22    in areas that are zoned for commercial or manufacturing
23    purposes or in areas for which a special use has been
24    approved by the local zoning authority. However, no license
25    to conduct inter-track wagering and simulcast wagering
26    shall be granted by the Board with respect to any

 

 

10000SB3452ham002- 27 -LRB100 20566 SMS 40612 a

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

 

 

10000SB3452ham002- 28 -LRB100 20566 SMS 40612 a

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

 

 

10000SB3452ham002- 29 -LRB100 20566 SMS 40612 a

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

 

 

10000SB3452ham002- 30 -LRB100 20566 SMS 40612 a

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

 

 

10000SB3452ham002- 31 -LRB100 20566 SMS 40612 a

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

 

 

10000SB3452ham002- 32 -LRB100 20566 SMS 40612 a

1    its wagering. The remainder of the monies retained by the
2    inter-track wagering location licensee shall be allocated
3    40% to the location licensee and 60% to the organization
4    licensee which provides the Illinois races to the location,
5    except that an inter-track wagering location licensee that
6    derives its license from a track located in a county with a
7    population in excess of 230,000 and that borders the
8    Mississippi River shall not divide any remaining retention
9    with the organization licensee that provides the race or
10    races and an inter-track wagering location licensee that
11    accepts wagers on races conducted by an organization
12    licensee that conducts a race meet in a county with a
13    population in excess of 230,000 and that borders the
14    Mississippi River shall not divide any remaining retention
15    with the organization licensee. Notwithstanding the
16    provisions of clauses (ii) and (iv) of this paragraph, in
17    the case of the additional inter-track wagering location
18    licenses authorized under paragraph (1) of this subsection
19    (h) by Public Act 87-110, those licensees shall pay the
20    following amounts as purses: during the first 12 months the
21    licensee is in operation, 5.25% of the pari-mutuel handle
22    wagered at the location on races; during the second 12
23    months, 5.25%; during the third 12 months, 5.75%; during
24    the fourth 12 months, 6.25%; and during the fifth 12 months
25    and thereafter, 6.75%. The following amounts shall be
26    retained by the licensee to satisfy all costs and expenses

 

 

10000SB3452ham002- 33 -LRB100 20566 SMS 40612 a

1    of conducting its wagering: during the first 12 months the
2    licensee is in operation, 8.25% of the pari-mutuel handle
3    wagered at the location; during the second 12 months,
4    8.25%; during the third 12 months, 7.75%; during the fourth
5    12 months, 7.25%; and during the fifth 12 months and
6    thereafter, 6.75%. For additional inter-track wagering
7    location licensees authorized under Public Act 89-16,
8    purses for the first 12 months the licensee is in operation
9    shall be 5.75% of the pari-mutuel wagered at the location,
10    purses for the second 12 months the licensee is in
11    operation shall be 6.25%, and purses thereafter shall be
12    6.75%. For additional inter-track location licensees
13    authorized under Public Act 89-16, the licensee shall be
14    allowed to retain to satisfy all costs and expenses: 7.75%
15    of the pari-mutuel handle wagered at the location during
16    its first 12 months of operation, 7.25% during its second
17    12 months of operation, and 6.75% thereafter.
18        (C) There is hereby created the Horse Racing Tax
19    Allocation Fund which shall remain in existence until
20    December 31, 1999. Moneys remaining in the Fund after
21    December 31, 1999 shall be paid into the General Revenue
22    Fund. Until January 1, 2000, all monies paid into the Horse
23    Racing Tax Allocation Fund pursuant to this paragraph (11)
24    by inter-track wagering location licensees located in park
25    districts of 500,000 population or less, or in a
26    municipality that is not included within any park district

 

 

10000SB3452ham002- 34 -LRB100 20566 SMS 40612 a

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

 

 

10000SB3452ham002- 35 -LRB100 20566 SMS 40612 a

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

 

 

10000SB3452ham002- 36 -LRB100 20566 SMS 40612 a

1        contiguous to the state of Indiana and (ii) has a 1990
2        population of 88,257 according to the United States
3        Bureau of the Census, except that if the conservation
4        district does not maintain a museum, the monies shall
5        be allocated equally between the county and the
6        municipality in which the inter-track wagering
7        location licensee is located for general purposes) or
8        to a municipal recreation board for park purposes (if
9        an inter-track wagering location licensee is located
10        in a municipality that is not included within any park
11        district and park maintenance is the function of the
12        municipal recreation board and the municipality has a
13        1990 population of 9,302 according to the United States
14        Bureau of the Census); provided that the monies are
15        distributed to each park district or conservation
16        district or municipality that does not have a park
17        district in an amount equal to four-sevenths of the
18        amount collected by each inter-track wagering location
19        licensee within the park district or conservation
20        district or municipality for the Fund. Monies that were
21        paid into the Horse Racing Tax Allocation Fund before
22        August 9, 1991 (the effective date of Public Act
23        87-110) by an inter-track wagering location licensee
24        located in a municipality that is not included within
25        any park district but is included within a conservation
26        district as provided in this paragraph shall, as soon

 

 

10000SB3452ham002- 37 -LRB100 20566 SMS 40612 a

1        as practicable after August 9, 1991 (the effective date
2        of Public Act 87-110), be allocated and paid to that
3        conservation district as provided in this paragraph.
4        Any park district or municipality not maintaining a
5        museum may deposit the monies in the corporate fund of
6        the park district or municipality where the
7        inter-track wagering location is located, to be used
8        for general purposes; and
9            One-seventh to the Agricultural Premium Fund to be
10        used for distribution to agricultural home economics
11        extension councils in accordance with "An Act in
12        relation to additional support and finances for the
13        Agricultural and Home Economic Extension Councils in
14        the several counties of this State and making an
15        appropriation therefor", approved July 24, 1967.
16        Until January 1, 2000, all other monies paid into the
17    Horse Racing Tax Allocation Fund pursuant to this paragraph
18    (11) shall be allocated by appropriation as follows:
19            Two-sevenths to the Department of Agriculture.
20        Fifty percent of this two-sevenths shall be used to
21        promote the Illinois horse racing and breeding
22        industry, and shall be distributed by the Department of
23        Agriculture upon the advice of a 9-member committee
24        appointed by the Governor consisting of the following
25        members: the Director of Agriculture, who shall serve
26        as chairman; 2 representatives of organization

 

 

10000SB3452ham002- 38 -LRB100 20566 SMS 40612 a

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

 

 

10000SB3452ham002- 39 -LRB100 20566 SMS 40612 a

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

 

 

10000SB3452ham002- 40 -LRB100 20566 SMS 40612 a

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

 

 

10000SB3452ham002- 41 -LRB100 20566 SMS 40612 a

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

 

 

10000SB3452ham002- 42 -LRB100 20566 SMS 40612 a

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

 

 

10000SB3452ham002- 43 -LRB100 20566 SMS 40612 a

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

 

 

10000SB3452ham002- 44 -LRB100 20566 SMS 40612 a

1    authorized by the Board in 2016 that is owned and operated
2    by a race track in Rock Island County shall be transferred
3    to a commonly owned race track in Cook County on August 12,
4    2016 (the effective date of Public Act 99-757). The
5    licensee shall retain its status in relation to purse
6    distribution under paragraph (11) of this subsection (h)
7    following the transfer to the new entity. The pari-mutuel
8    tax credit under Section 32.1 shall not be applied toward
9    any pari-mutuel tax obligation of the inter-track wagering
10    location licensee of the license that is transferred under
11    this paragraph (14).
12    (i) Notwithstanding the other provisions of this Act, the
13conduct of wagering at wagering facilities is authorized on all
14days, except as limited by subsection (b) of Section 19 of this
15Act.
16(Source: P.A. 99-756, eff. 8-12-16; 99-757, eff. 8-12-16;
17100-201, eff. 8-18-17.)
 
18    (230 ILCS 5/26.8)
19    Sec. 26.8. Beginning on February 1, 2014 and through
20December 31, 2020 2018, each wagering licensee may impose a
21surcharge of up to 0.5% on winning wagers and winnings from
22wagers. The surcharge shall be deducted from winnings prior to
23payout. All amounts collected from the imposition of this
24surcharge shall be evenly distributed to the organization
25licensee and the purse account of the organization licensee

 

 

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1with which the licensee is affiliated. The amounts distributed
2under this Section shall be in addition to the amounts paid
3pursuant to paragraph (10) of subsection (h) of Section 26,
4Section 26.3, Section 26.4, Section 26.5, and Section 26.7.
5(Source: P.A. 98-624, eff. 1-29-14; 99-756, eff. 8-12-16.)
 
6    (230 ILCS 5/26.9)
7    Sec. 26.9. Beginning on February 1, 2014 and through
8December 31, 2020 2018, in addition to the surcharge imposed in
9Sections 26.3, 26.4, 26.5, 26.7, and 26.8 of this Act, each
10licensee shall impose a surcharge of 0.2% on winning wagers and
11winnings from wagers. The surcharge shall be deducted from
12winnings prior to payout. All amounts collected from the
13surcharges imposed under this Section shall be remitted to the
14Board. From amounts collected under this Section, the Board
15shall deposit an amount not to exceed $100,000 annually into
16the Quarter Horse Purse Fund and all remaining amounts into the
17Horse Racing Fund.
18(Source: P.A. 98-624, eff. 1-29-14; 99-756, eff. 8-12-16.)
 
19    (230 ILCS 5/27)  (from Ch. 8, par. 37-27)
20    Sec. 27. (a) In addition to the organization license fee
21provided by this Act, until January 1, 2000, a graduated
22privilege tax is hereby imposed for conducting the pari-mutuel
23system of wagering permitted under this Act. Until January 1,
242000, except as provided in subsection (g) of Section 27 of

 

 

10000SB3452ham002- 46 -LRB100 20566 SMS 40612 a

1this Act, all of the breakage of each racing day held by any
2licensee in the State shall be paid to the State. Until January
31, 2000, such daily graduated privilege tax shall be paid by
4the licensee from the amount permitted to be retained under
5this Act. Until January 1, 2000, each day's graduated privilege
6tax, breakage, and Horse Racing Tax Allocation funds shall be
7remitted to the Department of Revenue within 48 hours after the
8close of the racing day upon which it is assessed or within
9such other time as the Board prescribes. The privilege tax
10hereby imposed, until January 1, 2000, shall be a flat tax at
11the rate of 2% of the daily pari-mutuel handle except as
12provided in Section 27.1.
13    In addition, every organization licensee, except as
14provided in Section 27.1 of this Act, which conducts multiple
15wagering shall pay, until January 1, 2000, as a privilege tax
16on multiple wagers an amount equal to 1.25% of all moneys
17wagered each day on such multiple wagers, plus an additional
18amount equal to 3.5% of the amount wagered each day on any
19other multiple wager which involves a single betting interest
20on 3 or more horses. The licensee shall remit the amount of
21such taxes to the Department of Revenue within 48 hours after
22the close of the racing day on which it is assessed or within
23such other time as the Board prescribes.
24    This subsection (a) shall be inoperative and of no force
25and effect on and after January 1, 2000.
26    (a-5) Beginning on January 1, 2000, a flat pari-mutuel tax

 

 

10000SB3452ham002- 47 -LRB100 20566 SMS 40612 a

1at the rate of 1.5% of the daily pari-mutuel handle is imposed
2at all pari-mutuel wagering facilities and on advance deposit
3wagering from a location other than a wagering facility, except
4as otherwise provided for in this subsection (a-5). In addition
5to the pari-mutuel tax imposed on advance deposit wagering
6pursuant to this subsection (a-5), beginning on August 24, 2012
7(the effective date of Public Act 97-1060) and through December
831, 2020 2018, an additional pari-mutuel tax at the rate of
90.25% shall be imposed on advance deposit wagering. Until
10August 25, 2012, the additional 0.25% pari-mutuel tax imposed
11on advance deposit wagering by Public Act 96-972 shall be
12deposited into the Quarter Horse Purse Fund, which shall be
13created as a non-appropriated trust fund administered by the
14Board for grants to thoroughbred organization licensees for
15payment of purses for quarter horse races conducted by the
16organization licensee. Beginning on August 26, 2012, the
17additional 0.25% pari-mutuel tax imposed on advance deposit
18wagering shall be deposited into the Standardbred Purse Fund,
19which shall be created as a non-appropriated trust fund
20administered by the Board, for grants to the standardbred
21organization licensees for payment of purses for standardbred
22horse races conducted by the organization licensee.
23Thoroughbred organization licensees may petition the Board to
24conduct quarter horse racing and receive purse grants from the
25Quarter Horse Purse Fund. The Board shall have complete
26discretion in distributing the Quarter Horse Purse Fund to the

 

 

10000SB3452ham002- 48 -LRB100 20566 SMS 40612 a

1petitioning organization licensees. Beginning on July 26, 2010
2(the effective date of Public Act 96-1287), a pari-mutuel tax
3at the rate of 0.75% of the daily pari-mutuel handle is imposed
4at a pari-mutuel facility whose license is derived from a track
5located in a county that borders the Mississippi River and
6conducted live racing in the previous year. The pari-mutuel tax
7imposed by this subsection (a-5) shall be remitted to the
8Department of Revenue within 48 hours after the close of the
9racing day upon which it is assessed or within such other time
10as the Board prescribes.
11    (b) On or before December 31, 1999, in the event that any
12organization licensee conducts 2 separate programs of races on
13any day, each such program shall be considered a separate
14racing day for purposes of determining the daily handle and
15computing the privilege tax on such daily handle as provided in
16subsection (a) of this Section.
17    (c) Licensees shall at all times keep accurate books and
18records of all monies wagered on each day of a race meeting and
19of the taxes paid to the Department of Revenue under the
20provisions of this Section. The Board or its duly authorized
21representative or representatives shall at all reasonable
22times have access to such records for the purpose of examining
23and checking the same and ascertaining whether the proper
24amount of taxes is being paid as provided. The Board shall
25require verified reports and a statement of the total of all
26monies wagered daily at each wagering facility upon which the

 

 

10000SB3452ham002- 49 -LRB100 20566 SMS 40612 a

1taxes are assessed and may prescribe forms upon which such
2reports and statement shall be made.
3    (d) Any licensee failing or refusing to pay the amount of
4any tax due under this Section shall be guilty of a business
5offense and upon conviction shall be fined not more than $5,000
6in addition to the amount found due as tax under this Section.
7Each day's violation shall constitute a separate offense. All
8fines paid into Court by a licensee hereunder shall be
9transmitted and paid over by the Clerk of the Court to the
10Board.
11    (e) No other license fee, privilege tax, excise tax, or
12racing fee, except as provided in this Act, shall be assessed
13or collected from any such licensee by the State.
14    (f) No other license fee, privilege tax, excise tax or
15racing fee shall be assessed or collected from any such
16licensee by units of local government except as provided in
17paragraph 10.1 of subsection (h) and subsection (f) of Section
1826 of this Act. However, any municipality that has a Board
19licensed horse race meeting at a race track wholly within its
20corporate boundaries or a township that has a Board licensed
21horse race meeting at a race track wholly within the
22unincorporated area of the township may charge a local
23amusement tax not to exceed 10˘ per admission to such horse
24race meeting by the enactment of an ordinance. However, any
25municipality or county that has a Board licensed inter-track
26wagering location facility wholly within its corporate

 

 

10000SB3452ham002- 50 -LRB100 20566 SMS 40612 a

1boundaries may each impose an admission fee not to exceed $1.00
2per admission to such inter-track wagering location facility,
3so that a total of not more than $2.00 per admission may be
4imposed. Except as provided in subparagraph (g) of Section 27
5of this Act, the inter-track wagering location licensee shall
6collect any and all such fees and within 48 hours remit the
7fees to the Board, which shall, pursuant to rule, cause the
8fees to be distributed to the county or municipality.
9    (g) Notwithstanding any provision in this Act to the
10contrary, if in any calendar year the total taxes and fees
11required to be collected from licensees and distributed under
12this Act to all State and local governmental authorities
13exceeds the amount of such taxes and fees distributed to each
14State and local governmental authority to which each State and
15local governmental authority was entitled under this Act for
16calendar year 1994, then the first $11 million of that excess
17amount shall be allocated at the earliest possible date for
18distribution as purse money for the succeeding calendar year.
19Upon reaching the 1994 level, and until the excess amount of
20taxes and fees exceeds $11 million, the Board shall direct all
21licensees to cease paying the subject taxes and fees and the
22Board shall direct all licensees to allocate any such excess
23amount for purses as follows:
24        (i) the excess amount shall be initially divided
25    between thoroughbred and standardbred purses based on the
26    thoroughbred's and standardbred's respective percentages

 

 

10000SB3452ham002- 51 -LRB100 20566 SMS 40612 a

1    of total Illinois live wagering in calendar year 1994;
2        (ii) each thoroughbred and standardbred organization
3    licensee issued an organization licensee in that
4    succeeding allocation year shall be allocated an amount
5    equal to the product of its percentage of total Illinois
6    live thoroughbred or standardbred wagering in calendar
7    year 1994 (the total to be determined based on the sum of
8    1994 on-track wagering for all organization licensees
9    issued organization licenses in both the allocation year
10    and the preceding year) multiplied by the total amount
11    allocated for standardbred or thoroughbred purses,
12    provided that the first $1,500,000 of the amount allocated
13    to standardbred purses under item (i) shall be allocated to
14    the Department of Agriculture to be expended with the
15    assistance and advice of the Illinois Standardbred
16    Breeders Funds Advisory Board for the purposes listed in
17    subsection (g) of Section 31 of this Act, before the amount
18    allocated to standardbred purses under item (i) is
19    allocated to standardbred organization licensees in the
20    succeeding allocation year.
21    To the extent the excess amount of taxes and fees to be
22collected and distributed to State and local governmental
23authorities exceeds $11 million, that excess amount shall be
24collected and distributed to State and local authorities as
25provided for under this Act.
26(Source: P.A. 98-18, eff. 6-7-13; 98-624, eff. 1-29-14; 99-756,

 

 

10000SB3452ham002- 52 -LRB100 20566 SMS 40612 a

1eff. 8-12-16.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.".