Full Text of HB4002 098th General Assembly
HB4002 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB4002 Introduced , by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED: |
| 230 ILCS 5/26 | from Ch. 8, par. 37-26 |
| Amends the Illinois Horse Racing Act of 1975. Makes a technical change in a Section concerning wagering.
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| | A BILL FOR |
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| 1 | | AN ACT concerning gaming.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Horse Racing Act of 1975 is amended | 5 | | by changing Section 26 as follows:
| 6 | | (230 ILCS 5/26) (from Ch. 8, par. 37-26)
| 7 | | Sec. 26. Wagering.
| 8 | | (a) Any licensee may conduct and and supervise the | 9 | | pari-mutuel system of
wagering, as defined in Section 3.12 of | 10 | | this Act, on horse races conducted by
an Illinois organization
| 11 | | licensee or conducted at a racetrack located in another state | 12 | | or country and
televised in Illinois in accordance with | 13 | | subsection (g) of Section 26 of this
Act. Subject to the prior | 14 | | consent of the Board, licensees may supplement any
pari-mutuel | 15 | | pool in order to guarantee a minimum distribution. Such
| 16 | | pari-mutuel method of wagering shall not,
under any | 17 | | circumstances if conducted under the provisions of this Act,
be | 18 | | held or construed to be unlawful, other statutes of this State | 19 | | to the
contrary notwithstanding.
Subject to rules for advance | 20 | | wagering promulgated by the Board, any
licensee
may accept | 21 | | wagers in advance of the day of
the race wagered upon occurs.
| 22 | | (b) No other method of betting, pool making, wagering or
| 23 | | gambling shall be used or permitted by the licensee. Each |
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| 1 | | licensee
may retain, subject to the payment of all applicable
| 2 | | taxes and purses, an amount not to exceed 17% of all money | 3 | | wagered
under subsection (a) of this Section, except as may | 4 | | otherwise be permitted
under this Act.
| 5 | | (b-5) An individual may place a wager under the pari-mutuel | 6 | | system from
any licensed location authorized under this Act | 7 | | provided that wager is
electronically recorded in the manner | 8 | | described in Section 3.12 of this Act.
Any wager made | 9 | | electronically by an individual while physically on the | 10 | | premises
of a licensee shall be deemed to have been made at the | 11 | | premises of that
licensee.
| 12 | | (c) Until January 1, 2000, the sum held by any licensee for | 13 | | payment of
outstanding pari-mutuel tickets, if unclaimed prior | 14 | | to December 31 of the
next year, shall be retained by the | 15 | | licensee for payment of
such tickets until that date. Within 10 | 16 | | days thereafter, the balance of
such sum remaining unclaimed, | 17 | | less any uncashed supplements contributed by such
licensee for | 18 | | the purpose of guaranteeing minimum distributions
of any | 19 | | pari-mutuel pool, shall be
paid to the
Illinois
Veterans'
| 20 | | Rehabilitation Fund of the State treasury, except as provided | 21 | | in subsection
(g) of Section 27 of this Act.
| 22 | | (c-5) Beginning January 1, 2000, the sum held by any | 23 | | licensee for payment
of
outstanding pari-mutuel tickets, if | 24 | | unclaimed prior to December 31 of the
next year, shall be | 25 | | retained by the licensee for payment of
such tickets until that | 26 | | date. Within 10 days thereafter, the balance of
such sum |
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| 1 | | remaining unclaimed, less any uncashed supplements contributed | 2 | | by such
licensee for the purpose of guaranteeing minimum | 3 | | distributions
of any pari-mutuel pool, shall be evenly | 4 | | distributed to the purse account of
the organization licensee | 5 | | and the organization licensee.
| 6 | | (d) A pari-mutuel ticket shall be honored until December 31 | 7 | | of the
next calendar year, and the licensee shall pay the same | 8 | | and may
charge the amount thereof against unpaid money | 9 | | similarly accumulated on account
of pari-mutuel tickets not | 10 | | presented for payment.
| 11 | | (e) No licensee shall knowingly permit any minor, other
| 12 | | than an employee of such licensee or an owner, trainer,
jockey, | 13 | | driver, or employee thereof, to be admitted during a racing
| 14 | | program unless accompanied by a parent or guardian, or any | 15 | | minor to be a
patron of the pari-mutuel system of wagering | 16 | | conducted or
supervised by it. The admission of any | 17 | | unaccompanied minor, other than
an employee of the licensee or | 18 | | an owner, trainer, jockey,
driver, or employee thereof at a | 19 | | race track is a Class C
misdemeanor.
| 20 | | (f) Notwithstanding the other provisions of this Act, an
| 21 | | organization licensee may contract
with an entity in another | 22 | | state or country to permit any legal
wagering entity in another | 23 | | state or country to accept wagers solely within
such other | 24 | | state or country on races conducted by the organization | 25 | | licensee
in this State.
Beginning January 1, 2000, these wagers
| 26 | | shall not be subject to State
taxation. Until January 1, 2000,
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| 1 | | when the out-of-State entity conducts a pari-mutuel pool
| 2 | | separate from the organization licensee, a privilege tax equal | 3 | | to 7 1/2% of
all monies received by the organization licensee | 4 | | from entities in other states
or countries pursuant to such | 5 | | contracts is imposed on the organization
licensee, and such | 6 | | privilege tax shall be remitted to the
Department of Revenue
| 7 | | within 48 hours of receipt of the moneys from the simulcast. | 8 | | When the
out-of-State entity conducts a
combined pari-mutuel | 9 | | pool with the organization licensee, the tax shall be 10%
of | 10 | | all monies received by the organization licensee with 25% of | 11 | | the
receipts from this 10% tax to be distributed to the county
| 12 | | in which the race was conducted.
| 13 | | An organization licensee may permit one or more of its | 14 | | races to be
utilized for
pari-mutuel wagering at one or more | 15 | | locations in other states and may
transmit audio and visual | 16 | | signals of races the organization licensee
conducts to one or
| 17 | | more locations outside the State or country and may also permit | 18 | | pari-mutuel
pools in other states or countries to be combined | 19 | | with its gross or net
wagering pools or with wagering pools | 20 | | established by other states.
| 21 | | (g) A host track may accept interstate simulcast wagers on
| 22 | | horse
races conducted in other states or countries and shall | 23 | | control the
number of signals and types of breeds of racing in | 24 | | its simulcast program,
subject to the disapproval of the Board. | 25 | | The Board may prohibit a simulcast
program only if it finds | 26 | | that the simulcast program is clearly
adverse to the integrity |
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| 1 | | of racing. The host track
simulcast program shall
include the | 2 | | signal of live racing of all organization licensees.
All | 3 | | non-host licensees and advance deposit wagering licensees | 4 | | shall carry the signal of and accept wagers on live racing of | 5 | | all organization licensees. Advance deposit wagering licensees | 6 | | shall not be permitted to accept out-of-state wagers on any | 7 | | Illinois signal provided pursuant to this Section without the | 8 | | approval and consent of the organization licensee providing the | 9 | | signal. Non-host licensees may carry the host track simulcast | 10 | | program and
shall accept wagers on all races included as part | 11 | | of the simulcast
program upon which wagering is permitted.
All | 12 | | organization licensees shall provide their live signal to all | 13 | | advance deposit wagering licensees for a simulcast commission | 14 | | fee not to exceed 6% of the advance deposit wagering licensee's | 15 | | Illinois handle on the organization licensee's signal without | 16 | | prior approval by the Board. The Board may adopt rules under | 17 | | which it may permit simulcast commission fees in excess of 6%. | 18 | | The Board shall adopt rules limiting the interstate commission | 19 | | fees charged to an advance deposit wagering licensee. The Board | 20 | | shall adopt rules regarding advance deposit wagering on | 21 | | interstate simulcast races that shall reflect, among other | 22 | | things, the General Assembly's desire to maximize revenues to | 23 | | the State, horsemen purses, and organizational licensees. | 24 | | However, organization licensees providing live signals | 25 | | pursuant to the requirements of this subsection (g) may | 26 | | petition the Board to withhold their live signals from an |
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| 1 | | advance deposit wagering licensee if the organization licensee | 2 | | discovers and the Board finds reputable or credible information | 3 | | that the advance deposit wagering licensee is under | 4 | | investigation by another state or federal governmental agency, | 5 | | the advance deposit wagering licensee's license has been | 6 | | suspended in another state, or the advance deposit wagering | 7 | | licensee's license is in revocation proceedings in another | 8 | | state. The organization licensee's provision of their live | 9 | | signal to an advance deposit wagering licensee under this | 10 | | subsection (g) pertains to wagers placed from within Illinois. | 11 | | Advance deposit wagering licensees may place advance deposit | 12 | | wagering terminals at wagering facilities as a convenience to | 13 | | customers. The advance deposit wagering licensee shall not | 14 | | charge or collect any fee from purses for the placement of the | 15 | | advance deposit wagering terminals. The costs and expenses
of | 16 | | the host track and non-host licensees associated
with | 17 | | interstate simulcast
wagering, other than the interstate
| 18 | | commission fee, shall be borne by the host track and all
| 19 | | non-host licensees
incurring these costs.
The interstate | 20 | | commission fee shall not exceed 5% of Illinois handle on the
| 21 | | interstate simulcast race or races without prior approval of | 22 | | the Board. The
Board shall promulgate rules under which it may | 23 | | permit
interstate commission
fees in excess of 5%. The | 24 | | interstate commission
fee and other fees charged by the sending | 25 | | racetrack, including, but not
limited to, satellite decoder | 26 | | fees, shall be uniformly applied
to the host track and all |
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| 1 | | non-host licensees.
| 2 | | Notwithstanding any other provision of this Act, until | 3 | | January 31, 2014, an organization licensee may maintain a | 4 | | system whereby advance deposit wagering may take place or an | 5 | | organization licensee, with the consent of the horsemen | 6 | | association representing the largest number of owners, | 7 | | trainers, jockeys, or standardbred drivers who race horses at | 8 | | that organization licensee's racing meeting, may contract with | 9 | | another person to carry out a system of advance deposit | 10 | | wagering. Such consent may not be unreasonably withheld. The | 11 | | actions of any organization licensee who conducts advance | 12 | | deposit wagering or any person who has a contract with an | 13 | | organization licensee to conduct advance deposit wagering who | 14 | | conducts advance deposit wagering on or after January 1, 2013 | 15 | | and prior to the effective date of this amendatory Act of the | 16 | | 98th General Assembly taken in reliance on the changes made to | 17 | | this subsection (g) by this amendatory Act of the 98th General | 18 | | Assembly are hereby validated, provided payment of all | 19 | | applicable pari-mutuel taxes are remitted to the Board. All | 20 | | advance deposit wagers placed from within Illinois must be | 21 | | placed through a Board-approved advance deposit wagering | 22 | | licensee; no other entity may accept an advance deposit wager | 23 | | from a person within Illinois. All advance deposit wagering is | 24 | | subject to any rules adopted by the Board. The Board may adopt | 25 | | rules necessary to regulate advance deposit wagering through | 26 | | the use of emergency rulemaking in accordance with Section 5-45 |
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| 1 | | of the Illinois Administrative Procedure Act. The General | 2 | | Assembly finds that the adoption of rules to regulate advance | 3 | | deposit wagering is deemed an emergency and necessary for the | 4 | | public interest, safety, and welfare. An advance deposit | 5 | | wagering licensee may retain all moneys as agreed to by | 6 | | contract with an organization licensee. Any moneys retained by | 7 | | the organization licensee from advance deposit wagering, not | 8 | | including moneys retained by the advance deposit wagering | 9 | | licensee, shall be paid 50% to the organization licensee's | 10 | | purse account and 50% to the organization licensee. If more | 11 | | than one breed races at the same race track facility, then the | 12 | | 50% of the moneys to be paid to an organization licensee's | 13 | | purse account shall be allocated among all organization | 14 | | licensees' purse accounts operating at that race track facility | 15 | | proportionately based on the actual number of host days that | 16 | | the Board grants to that breed at that race track facility in | 17 | | the current calendar year. To the extent any fees from advance | 18 | | deposit wagering conducted in Illinois for wagers in Illinois | 19 | | or other states have been placed in escrow or otherwise | 20 | | withheld from wagers pending a determination of the legality of | 21 | | advance deposit wagering, no action shall be brought to declare | 22 | | such wagers or the disbursement of any fees previously escrowed | 23 | | illegal.
| 24 | | (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
| 25 | | intertrack wagering
licensee other than the host track may | 26 | | supplement the host track simulcast
program with |
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| 1 | | additional simulcast races or race programs, provided that | 2 | | between
January 1 and the third Friday in February of any | 3 | | year, inclusive, if no live
thoroughbred racing is | 4 | | occurring in Illinois during this period, only
| 5 | | thoroughbred races may be used
for supplemental interstate | 6 | | simulcast purposes. The Board shall withhold
approval for a | 7 | | supplemental interstate simulcast only if it finds that the
| 8 | | simulcast is clearly adverse to the integrity of racing. A | 9 | | supplemental
interstate simulcast may be transmitted from | 10 | | an intertrack wagering licensee to
its affiliated non-host | 11 | | licensees. The interstate commission fee for a
| 12 | | supplemental interstate simulcast shall be paid by the | 13 | | non-host licensee and
its affiliated non-host licensees | 14 | | receiving the simulcast.
| 15 | | (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
| 16 | | intertrack wagering
licensee other than the host track may | 17 | | receive supplemental interstate
simulcasts only with the | 18 | | consent of the host track, except when the Board
finds that | 19 | | the simulcast is
clearly adverse to the integrity of | 20 | | racing. Consent granted under this
paragraph (2) to any | 21 | | intertrack wagering licensee shall be deemed consent to
all | 22 | | non-host licensees. The interstate commission fee for the | 23 | | supplemental
interstate simulcast shall be paid
by all | 24 | | participating non-host licensees.
| 25 | | (3) Each licensee conducting interstate simulcast | 26 | | wagering may retain,
subject to the payment of all |
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| 1 | | applicable taxes and the purses, an amount not to
exceed | 2 | | 17% of all money wagered. If any licensee conducts the | 3 | | pari-mutuel
system wagering on races conducted at | 4 | | racetracks in another state or country,
each such race or | 5 | | race program shall be considered a separate racing day for
| 6 | | the purpose of determining the daily handle and computing | 7 | | the privilege tax of
that daily handle as provided in | 8 | | subsection (a) of Section 27.
Until January 1, 2000,
from | 9 | | the sums permitted to be retained pursuant to this | 10 | | subsection, each
intertrack wagering location licensee | 11 | | shall pay 1% of the pari-mutuel handle
wagered on simulcast | 12 | | wagering to the Horse Racing Tax Allocation Fund, subject
| 13 | | to the provisions of subparagraph (B) of paragraph (11) of | 14 | | subsection (h) of
Section 26 of this Act.
| 15 | | (4) A licensee who receives an interstate simulcast may | 16 | | combine its gross
or net pools with pools at the sending | 17 | | racetracks pursuant to rules established
by the Board. All | 18 | | licensees combining their gross pools
at a
sending | 19 | | racetrack shall adopt the take-out percentages of the | 20 | | sending
racetrack.
A licensee may also establish a separate | 21 | | pool and takeout structure for
wagering purposes on races | 22 | | conducted at race tracks outside of the
State of Illinois. | 23 | | The licensee may permit pari-mutuel wagers placed in other
| 24 | | states or
countries to be combined with its gross or net | 25 | | wagering pools or other
wagering pools.
| 26 | | (5) After the payment of the interstate commission fee |
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| 1 | | (except for the
interstate commission
fee on a supplemental | 2 | | interstate simulcast, which shall be paid by the host
track | 3 | | and by each non-host licensee through the host-track) and | 4 | | all applicable
State and local
taxes, except as provided in | 5 | | subsection (g) of Section 27 of this Act, the
remainder of | 6 | | moneys retained from simulcast wagering pursuant to this
| 7 | | subsection (g), and Section 26.2 shall be divided as | 8 | | follows:
| 9 | | (A) For interstate simulcast wagers made at a host | 10 | | track, 50% to the
host
track and 50% to purses at the | 11 | | host track.
| 12 | | (B) For wagers placed on interstate simulcast | 13 | | races, supplemental
simulcasts as defined in | 14 | | subparagraphs (1) and (2), and separately pooled races
| 15 | | conducted outside of the State of Illinois made at a | 16 | | non-host
licensee, 25% to the host
track, 25% to the | 17 | | non-host licensee, and 50% to the purses at the host | 18 | | track.
| 19 | | (6) Notwithstanding any provision in this Act to the | 20 | | contrary, non-host
licensees
who derive their licenses | 21 | | from a track located in a county with a population in
| 22 | | excess of 230,000 and that borders the Mississippi River | 23 | | may receive
supplemental interstate simulcast races at all | 24 | | times subject to Board approval,
which shall be withheld | 25 | | only upon a finding that a supplemental interstate
| 26 | | simulcast is clearly adverse to the integrity of racing.
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| 1 | | (7) Notwithstanding any provision of this Act to the | 2 | | contrary, after
payment of all applicable State and local | 3 | | taxes and interstate commission fees,
non-host licensees | 4 | | who derive their licenses from a track located in a county
| 5 | | with a population in excess of 230,000 and that borders the | 6 | | Mississippi River
shall retain 50% of the retention from | 7 | | interstate simulcast wagers and shall
pay 50% to purses at | 8 | | the track from which the non-host licensee derives its
| 9 | | license as follows:
| 10 | | (A) Between January 1 and the third Friday in | 11 | | February, inclusive, if no
live thoroughbred racing is | 12 | | occurring in Illinois during this period, when the
| 13 | | interstate simulcast is a standardbred race, the purse | 14 | | share to its
standardbred purse account;
| 15 | | (B) Between January 1 and the third Friday in | 16 | | February, inclusive, if no
live thoroughbred racing is | 17 | | occurring in Illinois during this period, and the
| 18 | | interstate simulcast is a thoroughbred race, the purse | 19 | | share to its interstate
simulcast purse pool to be | 20 | | distributed under paragraph (10) of this subsection
| 21 | | (g);
| 22 | | (C) Between January 1 and the third Friday in | 23 | | February, inclusive, if
live thoroughbred racing is | 24 | | occurring in Illinois, between 6:30 a.m. and 6:30
p.m. | 25 | | the purse share from wagers made during this time | 26 | | period to its
thoroughbred purse account and between |
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| 1 | | 6:30 p.m. and 6:30 a.m. the purse share
from wagers | 2 | | made during this time period to its standardbred purse | 3 | | accounts;
| 4 | | (D) Between the third Saturday in February and | 5 | | December 31, when the
interstate simulcast occurs | 6 | | between the hours of 6:30 a.m. and 6:30 p.m., the
purse | 7 | | share to its thoroughbred purse account;
| 8 | | (E) Between the third Saturday in February and | 9 | | December 31, when the
interstate simulcast occurs | 10 | | between the hours of 6:30 p.m. and 6:30 a.m., the
purse | 11 | | share to its standardbred purse account.
| 12 | | (7.1) Notwithstanding any other provision of this Act | 13 | | to the contrary,
if
no
standardbred racing is conducted at | 14 | | a racetrack located in Madison County
during any
calendar | 15 | | year beginning on or after January 1, 2002, all
moneys | 16 | | derived by
that racetrack from simulcast wagering and | 17 | | inter-track wagering that (1) are to
be used
for purses and | 18 | | (2) are generated between the hours of 6:30 p.m. and 6:30 | 19 | | a.m.
during that
calendar year shall
be paid as follows:
| 20 | | (A) If the licensee that conducts horse racing at | 21 | | that racetrack
requests from the Board at least as many | 22 | | racing dates as were conducted in
calendar year 2000, | 23 | | 80% shall be paid to its thoroughbred purse account; | 24 | | and
| 25 | | (B) Twenty percent shall be deposited into the | 26 | | Illinois Colt Stakes
Purse
Distribution
Fund and shall |
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| 1 | | be paid to purses for standardbred races for Illinois | 2 | | conceived
and foaled horses conducted at any county | 3 | | fairgrounds.
The moneys deposited into the Fund | 4 | | pursuant to this subparagraph (B) shall be
deposited
| 5 | | within 2
weeks after the day they were generated, shall | 6 | | be in addition to and not in
lieu of any other
moneys | 7 | | paid to standardbred purses under this Act, and shall | 8 | | not be commingled
with other moneys paid into that | 9 | | Fund. The moneys deposited
pursuant to this | 10 | | subparagraph (B) shall be allocated as provided by the
| 11 | | Department of Agriculture, with the advice and | 12 | | assistance of the Illinois
Standardbred
Breeders Fund | 13 | | Advisory Board.
| 14 | | (7.2) Notwithstanding any other provision of this Act | 15 | | to the contrary, if
no
thoroughbred racing is conducted at | 16 | | a racetrack located in Madison County
during any
calendar | 17 | | year beginning on or after January 1,
2002, all
moneys | 18 | | derived by
that racetrack from simulcast wagering and | 19 | | inter-track wagering that (1) are to
be used
for purses and | 20 | | (2) are generated between the hours of 6:30 a.m. and 6:30 | 21 | | p.m.
during that
calendar year shall
be deposited as | 22 | | follows:
| 23 | | (A) If the licensee that conducts horse racing at | 24 | | that racetrack
requests from the
Board at least
as many | 25 | | racing dates as were conducted in calendar year 2000, | 26 | | 80%
shall be deposited into its standardbred purse
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| 1 | | account; and
| 2 | | (B) Twenty percent shall be deposited into the | 3 | | Illinois Colt Stakes
Purse
Distribution Fund. Moneys | 4 | | deposited into the Illinois Colt Stakes Purse
| 5 | | Distribution Fund
pursuant to this subparagraph (B) | 6 | | shall be paid to Illinois
conceived and foaled | 7 | | thoroughbred breeders' programs
and to thoroughbred | 8 | | purses for races conducted at any county fairgrounds | 9 | | for
Illinois conceived
and foaled horses at the | 10 | | discretion of the
Department of Agriculture, with the | 11 | | advice and assistance of
the Illinois Thoroughbred | 12 | | Breeders Fund Advisory
Board. The moneys deposited | 13 | | into the Illinois Colt Stakes Purse Distribution
Fund
| 14 | | pursuant to this subparagraph (B) shall be deposited | 15 | | within 2 weeks
after the day they were generated, shall | 16 | | be in addition to and not in
lieu of any other moneys | 17 | | paid to thoroughbred purses
under this Act, and shall | 18 | | not be commingled with other moneys deposited into
that | 19 | | Fund.
| 20 | | (7.3) If no live standardbred racing is conducted at a | 21 | | racetrack located
in
Madison
County in calendar year 2000 | 22 | | or 2001,
an organization licensee who is licensed
to | 23 | | conduct horse racing at that racetrack shall, before | 24 | | January 1, 2002, pay
all
moneys derived from simulcast | 25 | | wagering and inter-track wagering in calendar
years 2000 | 26 | | and 2001 and
paid into the licensee's standardbred purse |
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| 1 | | account as follows:
| 2 | | (A) Eighty percent to that licensee's thoroughbred | 3 | | purse account to
be used for thoroughbred purses; and
| 4 | | (B) Twenty percent to the Illinois Colt Stakes | 5 | | Purse Distribution
Fund.
| 6 | | Failure to make the payment to the Illinois Colt Stakes | 7 | | Purse Distribution
Fund before January 1, 2002
shall
result | 8 | | in the immediate revocation of the licensee's organization
| 9 | | license, inter-track wagering license, and inter-track | 10 | | wagering location
license.
| 11 | | Moneys paid into the Illinois
Colt Stakes Purse | 12 | | Distribution Fund pursuant to this
paragraph (7.3) shall be | 13 | | paid to purses for standardbred
races for Illinois | 14 | | conceived and foaled horses conducted
at any county
| 15 | | fairgrounds.
Moneys paid into the Illinois
Colt Stakes | 16 | | Purse Distribution Fund pursuant to this
paragraph (7.3) | 17 | | shall be used as determined by the
Department of | 18 | | Agriculture, with the advice and assistance of the
Illinois | 19 | | Standardbred Breeders Fund Advisory Board, shall be in | 20 | | addition to
and not in lieu of any other moneys paid to | 21 | | standardbred purses under this Act,
and shall not be | 22 | | commingled
with any other moneys paid into that Fund.
| 23 | | (7.4) If live standardbred racing is conducted at a | 24 | | racetrack located in
Madison
County at any time in calendar | 25 | | year 2001 before the payment required
under
paragraph (7.3) | 26 | | has been made, the organization licensee who is licensed to
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| 1 | | conduct
racing at that racetrack shall pay all moneys | 2 | | derived by that racetrack from
simulcast
wagering and | 3 | | inter-track wagering during calendar years 2000 and 2001 | 4 | | that (1)
are to be
used for purses and (2) are generated | 5 | | between the hours of 6:30 p.m. and 6:30
a.m.
during 2000 or | 6 | | 2001 to the standardbred purse account at that
racetrack to
| 7 | | be used for standardbred purses.
| 8 | | (8) Notwithstanding any provision in this Act to the | 9 | | contrary, an
organization licensee from a track located in | 10 | | a county with a population in
excess of 230,000 and that | 11 | | borders the Mississippi River and its affiliated
non-host | 12 | | licensees shall not be entitled to share in any retention | 13 | | generated on
racing, inter-track wagering, or simulcast | 14 | | wagering at any other Illinois
wagering facility.
| 15 | | (8.1) Notwithstanding any provisions in this Act to the | 16 | | contrary, if 2
organization licensees
are conducting | 17 | | standardbred race meetings concurrently
between the hours | 18 | | of 6:30 p.m. and 6:30 a.m., after payment of all applicable
| 19 | | State and local taxes and interstate commission fees, the | 20 | | remainder of the
amount retained from simulcast wagering | 21 | | otherwise attributable to the host
track and to host track | 22 | | purses shall be split daily between the 2
organization | 23 | | licensees and the purses at the tracks of the 2 | 24 | | organization
licensees, respectively, based on each | 25 | | organization licensee's share
of the total live handle for | 26 | | that day,
provided that this provision shall not apply to |
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| 1 | | any non-host licensee that
derives its license from a track | 2 | | located in a county with a population in
excess of 230,000 | 3 | | and that borders the Mississippi River.
| 4 | | (9) (Blank).
| 5 | | (10) (Blank).
| 6 | | (11) (Blank).
| 7 | | (12) The Board shall have authority to compel all host | 8 | | tracks to receive
the simulcast of any or all races | 9 | | conducted at the Springfield or DuQuoin State
fairgrounds | 10 | | and include all such races as part of their simulcast | 11 | | programs.
| 12 | | (13) Notwithstanding any other provision of this Act, | 13 | | in the event that
the total Illinois pari-mutuel handle on | 14 | | Illinois horse races at all wagering
facilities in any | 15 | | calendar year is less than 75% of the total Illinois
| 16 | | pari-mutuel handle on Illinois horse races at all such | 17 | | wagering facilities for
calendar year 1994, then each | 18 | | wagering facility that has an annual total
Illinois | 19 | | pari-mutuel handle on Illinois horse races that is less | 20 | | than 75% of
the total Illinois pari-mutuel handle on | 21 | | Illinois horse races at such wagering
facility for calendar | 22 | | year 1994, shall be permitted to receive, from any amount
| 23 | | otherwise
payable to the purse account at the race track | 24 | | with which the wagering facility
is affiliated in the | 25 | | succeeding calendar year, an amount equal to 2% of the
| 26 | | differential in total Illinois pari-mutuel handle on |
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| 1 | | Illinois horse
races at the wagering facility between that | 2 | | calendar year in question and 1994
provided, however, that | 3 | | a
wagering facility shall not be entitled to any such | 4 | | payment until the Board
certifies in writing to the | 5 | | wagering facility the amount to which the wagering
facility | 6 | | is entitled
and a schedule for payment of the amount to the | 7 | | wagering facility, based on:
(i) the racing dates awarded | 8 | | to the race track affiliated with the wagering
facility | 9 | | during the succeeding year; (ii) the sums available or | 10 | | anticipated to
be available in the purse account of the | 11 | | race track affiliated with the
wagering facility for purses | 12 | | during the succeeding year; and (iii) the need to
ensure | 13 | | reasonable purse levels during the payment period.
The | 14 | | Board's certification
shall be provided no later than | 15 | | January 31 of the succeeding year.
In the event a wagering | 16 | | facility entitled to a payment under this paragraph
(13) is | 17 | | affiliated with a race track that maintains purse accounts | 18 | | for both
standardbred and thoroughbred racing, the amount | 19 | | to be paid to the wagering
facility shall be divided | 20 | | between each purse account pro rata, based on the
amount of | 21 | | Illinois handle on Illinois standardbred and thoroughbred | 22 | | racing
respectively at the wagering facility during the | 23 | | previous calendar year.
Annually, the General Assembly | 24 | | shall appropriate sufficient funds from the
General | 25 | | Revenue Fund to the Department of Agriculture for payment | 26 | | into the
thoroughbred and standardbred horse racing purse |
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| 1 | | accounts at
Illinois pari-mutuel tracks. The amount paid to | 2 | | each purse account shall be
the amount certified by the | 3 | | Illinois Racing Board in January to be
transferred from | 4 | | each account to each eligible racing facility in
accordance | 5 | | with the provisions of this Section.
| 6 | | (h) The Board may approve and license the conduct of | 7 | | inter-track wagering
and simulcast wagering by inter-track | 8 | | wagering licensees and inter-track
wagering location licensees | 9 | | subject to the following terms and conditions:
| 10 | | (1) Any person licensed to conduct a race meeting (i) | 11 | | at a track where
60 or more days of racing were conducted | 12 | | during the immediately preceding
calendar year or where | 13 | | over the 5 immediately preceding calendar years an
average | 14 | | of 30 or more days of racing were conducted annually may be | 15 | | issued an
inter-track wagering license; (ii) at a track
| 16 | | located in a county that is bounded by the Mississippi | 17 | | River, which has a
population of less than 150,000 | 18 | | according to the 1990 decennial census, and an
average of | 19 | | at least 60 days of racing per year between 1985 and 1993 | 20 | | may be
issued an inter-track wagering license; or (iii) at | 21 | | a track
located in Madison
County that conducted at least | 22 | | 100 days of live racing during the immediately
preceding
| 23 | | calendar year may be issued an inter-track wagering | 24 | | license, unless a lesser
schedule of
live racing is the | 25 | | result of (A) weather, unsafe track conditions, or other
| 26 | | acts of God; (B)
an agreement between the organization |
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| 1 | | licensee and the associations
representing the
largest | 2 | | number of owners, trainers, jockeys, or standardbred | 3 | | drivers who race
horses at
that organization licensee's | 4 | | racing meeting; or (C) a finding by the Board of
| 5 | | extraordinary circumstances and that it was in the best | 6 | | interest of the public
and the sport to conduct fewer than | 7 | | 100 days of live racing. Any such person
having operating | 8 | | control of the racing facility may also receive up to 6
| 9 | | inter-track wagering
location licenses. In no event shall | 10 | | more than 6 inter-track wagering
locations be established | 11 | | for each eligible race track, except that an
eligible race | 12 | | track located in a county that has a population of more | 13 | | than
230,000 and that is bounded by the Mississippi River | 14 | | may establish up to 7
inter-track wagering locations.
An | 15 | | application for
said license shall be filed with the Board | 16 | | prior to such dates as may be
fixed by the Board. With an | 17 | | application for an inter-track
wagering
location license | 18 | | there shall be delivered to the Board a certified check or
| 19 | | bank draft payable to the order of the Board for an amount | 20 | | equal to $500.
The application shall be on forms prescribed | 21 | | and furnished by the Board. The
application shall comply | 22 | | with all other rules,
regulations and conditions imposed by | 23 | | the Board in connection therewith.
| 24 | | (2) The Board shall examine the applications with | 25 | | respect to their
conformity with this Act and the rules and | 26 | | regulations imposed by the
Board. If found to be in |
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| 1 | | compliance with the Act and rules and regulations
of the | 2 | | Board, the Board may then issue a license to conduct | 3 | | inter-track
wagering and simulcast wagering to such | 4 | | applicant. All such applications
shall be acted upon by the | 5 | | Board at a meeting to be held on such date as may be
fixed | 6 | | by the Board.
| 7 | | (3) In granting licenses to conduct inter-track | 8 | | wagering and simulcast
wagering, the Board shall give due | 9 | | consideration to
the best interests of the
public, of horse | 10 | | racing, and of maximizing revenue to the State.
| 11 | | (4) Prior to the issuance of a license to conduct | 12 | | inter-track wagering
and simulcast wagering,
the applicant | 13 | | shall file with the Board a bond payable to the State of | 14 | | Illinois
in the sum of $50,000, executed by the applicant | 15 | | and a surety company or
companies authorized to do business | 16 | | in this State, and conditioned upon
(i) the payment by the | 17 | | licensee of all taxes due under Section 27 or 27.1
and any | 18 | | other monies due and payable under this Act, and (ii)
| 19 | | distribution by the licensee, upon presentation of the | 20 | | winning ticket or
tickets, of all sums payable to the | 21 | | patrons of pari-mutuel pools.
| 22 | | (5) Each license to conduct inter-track wagering and | 23 | | simulcast
wagering shall specify the person
to whom it is | 24 | | issued, the dates on which such wagering is permitted, and
| 25 | | the track or location where the wagering is to be | 26 | | conducted.
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| 1 | | (6) All wagering under such license is subject to this | 2 | | Act and to the
rules and regulations from time to time | 3 | | prescribed by the Board, and every
such license issued by | 4 | | the Board shall contain a recital to that effect.
| 5 | | (7) An inter-track wagering licensee or inter-track | 6 | | wagering location
licensee may accept wagers at the track | 7 | | or location
where it is licensed, or as otherwise provided | 8 | | under this Act.
| 9 | | (8) Inter-track wagering or simulcast wagering shall | 10 | | not be
conducted
at any track less than 5 miles from a | 11 | | track at which a racing meeting is in
progress.
| 12 | | (8.1) Inter-track wagering location
licensees who | 13 | | derive their licenses from a particular organization | 14 | | licensee
shall conduct inter-track wagering and simulcast | 15 | | wagering only at locations
which are either within 90
miles | 16 | | of that race track where the particular organization | 17 | | licensee is
licensed to conduct racing, or within 135 miles | 18 | | of that race track
where
the particular organization | 19 | | licensee is licensed to conduct racing
in the case
of race | 20 | | tracks in counties of less than 400,000 that were operating | 21 | | on or
before June 1, 1986. However, inter-track wagering | 22 | | and simulcast wagering
shall not
be conducted by those | 23 | | licensees at any location within 5 miles of any race
track | 24 | | at which a
horse race meeting has been licensed in the | 25 | | current year, unless the person
having operating control of | 26 | | such race track has given its written consent
to such |
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| 1 | | inter-track wagering location licensees,
which consent
| 2 | | must be filed with the Board at or prior to the time | 3 | | application is made.
| 4 | | (8.2) Inter-track wagering or simulcast wagering shall | 5 | | not be
conducted by an inter-track
wagering location | 6 | | licensee at any location within 500 feet of an
existing
| 7 | | church or existing school, nor within 500 feet of the | 8 | | residences
of more than 50 registered voters without
| 9 | | receiving written permission from a majority of the | 10 | | registered
voters at such residences.
Such written | 11 | | permission statements shall be filed with the Board. The
| 12 | | distance of 500 feet shall be measured to the nearest part | 13 | | of any
building
used for worship services, education | 14 | | programs, residential purposes, or
conducting inter-track | 15 | | wagering by an inter-track wagering location
licensee, and | 16 | | not to property boundaries. However, inter-track wagering | 17 | | or
simulcast wagering may be conducted at a site within 500 | 18 | | feet of
a church, school or residences
of 50 or more | 19 | | registered voters if such church, school
or residences have | 20 | | been erected
or established, or such voters have been | 21 | | registered, after
the Board issues
the original | 22 | | inter-track wagering location license at the site in | 23 | | question.
Inter-track wagering location licensees may | 24 | | conduct inter-track wagering
and simulcast wagering only | 25 | | in areas that are zoned for
commercial or manufacturing | 26 | | purposes or
in areas for which a special use has been |
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| 1 | | approved by the local zoning
authority. However, no license | 2 | | to conduct inter-track wagering and simulcast
wagering | 3 | | shall be
granted by the Board with respect to any | 4 | | inter-track wagering location
within the jurisdiction of | 5 | | any local zoning authority which has, by
ordinance or by | 6 | | resolution, prohibited the establishment of an inter-track
| 7 | | wagering location within its jurisdiction. However, | 8 | | inter-track wagering
and simulcast wagering may be | 9 | | conducted at a site if such ordinance or
resolution is | 10 | | enacted after
the Board licenses the original inter-track | 11 | | wagering location
licensee for the site in question.
| 12 | | (9) (Blank).
| 13 | | (10) An inter-track wagering licensee or an | 14 | | inter-track wagering
location licensee may retain, subject | 15 | | to the
payment of the privilege taxes and the purses, an | 16 | | amount not to
exceed 17% of all money wagered. Each program | 17 | | of racing conducted by
each inter-track wagering licensee | 18 | | or inter-track wagering location
licensee shall be | 19 | | considered a separate racing day for the purpose of
| 20 | | determining the daily handle and computing the privilege | 21 | | tax or pari-mutuel
tax on such daily
handle as provided in | 22 | | Section 27.
| 23 | | (10.1) Except as provided in subsection (g) of Section | 24 | | 27 of this Act,
inter-track wagering location licensees | 25 | | shall pay 1% of the
pari-mutuel handle at each location to | 26 | | the municipality in which such
location is situated and 1% |
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| 1 | | of the pari-mutuel handle at each location to
the county in | 2 | | which such location is situated. In the event that an
| 3 | | inter-track wagering location licensee is situated in an | 4 | | unincorporated
area of a county, such licensee shall pay 2% | 5 | | of the pari-mutuel handle from
such location to such | 6 | | county.
| 7 | | (10.2) Notwithstanding any other provision of this | 8 | | Act, with respect to
intertrack wagering at a race track | 9 | | located in a
county that has a population of
more than | 10 | | 230,000 and that is bounded by the Mississippi River ("the | 11 | | first race
track"), or at a facility operated by an | 12 | | inter-track wagering licensee or
inter-track wagering | 13 | | location licensee that derives its license from the
| 14 | | organization licensee that operates the first race track, | 15 | | on races conducted at
the first race track or on races | 16 | | conducted at another Illinois race track
and | 17 | | simultaneously televised to the first race track or to a | 18 | | facility operated
by an inter-track wagering licensee or | 19 | | inter-track wagering location licensee
that derives its | 20 | | license from the organization licensee that operates the | 21 | | first
race track, those moneys shall be allocated as | 22 | | follows:
| 23 | | (A) That portion of all moneys wagered on | 24 | | standardbred racing that is
required under this Act to | 25 | | be paid to purses shall be paid to purses for
| 26 | | standardbred races.
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| 1 | | (B) That portion of all moneys wagered on | 2 | | thoroughbred racing
that is required under this Act to | 3 | | be paid to purses shall be paid to purses
for | 4 | | thoroughbred races.
| 5 | | (11) (A) After payment of the privilege or pari-mutuel | 6 | | tax, any other
applicable
taxes, and
the costs and expenses | 7 | | in connection with the gathering, transmission, and
| 8 | | dissemination of all data necessary to the conduct of | 9 | | inter-track wagering,
the remainder of the monies retained | 10 | | under either Section 26 or Section 26.2
of this Act by the | 11 | | inter-track wagering licensee on inter-track wagering
| 12 | | shall be allocated with 50% to be split between the
2 | 13 | | participating licensees and 50% to purses, except
that an | 14 | | intertrack wagering licensee that derives its
license from | 15 | | a track located in a county with a population in excess of | 16 | | 230,000
and that borders the Mississippi River shall not | 17 | | divide any remaining
retention with the Illinois | 18 | | organization licensee that provides the race or
races, and | 19 | | an intertrack wagering licensee that accepts wagers on | 20 | | races
conducted by an organization licensee that conducts a | 21 | | race meet in a county
with a population in excess of | 22 | | 230,000 and that borders the Mississippi River
shall not | 23 | | divide any remaining retention with that organization | 24 | | licensee.
| 25 | | (B) From the
sums permitted to be retained pursuant to | 26 | | this Act each inter-track wagering
location licensee shall |
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| 1 | | pay (i) the privilege or pari-mutuel tax to the
State; (ii) | 2 | | 4.75% of the
pari-mutuel handle on intertrack wagering at | 3 | | such location on
races as purses, except that
an intertrack | 4 | | wagering location licensee that derives its license from a
| 5 | | track located in a county with a population in excess of | 6 | | 230,000 and that
borders the Mississippi River shall retain | 7 | | all purse moneys for its own purse
account consistent with | 8 | | distribution set forth in this subsection (h), and
| 9 | | intertrack wagering location licensees that accept wagers | 10 | | on races
conducted
by an organization licensee located in a | 11 | | county with a population in excess of
230,000 and that | 12 | | borders the Mississippi River shall distribute all purse
| 13 | | moneys to purses at the operating host track; (iii) until | 14 | | January 1, 2000,
except as
provided in
subsection (g) of | 15 | | Section 27 of this Act, 1% of the
pari-mutuel handle | 16 | | wagered on inter-track wagering and simulcast wagering at
| 17 | | each inter-track wagering
location licensee facility to | 18 | | the Horse Racing Tax Allocation Fund, provided
that, to the | 19 | | extent the total amount collected and distributed to the | 20 | | Horse
Racing Tax Allocation Fund under this subsection (h) | 21 | | during any calendar year
exceeds the amount collected and | 22 | | distributed to the Horse Racing Tax Allocation
Fund during | 23 | | calendar year 1994, that excess amount shall be | 24 | | redistributed (I)
to all inter-track wagering location | 25 | | licensees, based on each licensee's
pro-rata share of the | 26 | | total handle from inter-track wagering and simulcast
|
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| 1 | | wagering for all inter-track wagering location licensees | 2 | | during the calendar
year in which this provision is | 3 | | applicable; then (II) the amounts redistributed
to each | 4 | | inter-track wagering location licensee as described in | 5 | | subpart (I)
shall be further redistributed as provided in | 6 | | subparagraph (B) of paragraph (5)
of subsection (g) of this | 7 | | Section 26 provided first, that the shares of those
| 8 | | amounts, which are to be redistributed to the host track or | 9 | | to purses at the
host track under subparagraph (B) of | 10 | | paragraph (5) of subsection (g) of this
Section 26 shall be
| 11 | | redistributed based on each host track's pro rata share of | 12 | | the total
inter-track
wagering and simulcast wagering | 13 | | handle at all host tracks during the calendar
year in | 14 | | question, and second, that any amounts redistributed as | 15 | | described in
part (I) to an inter-track wagering location | 16 | | licensee that accepts
wagers on races conducted by an | 17 | | organization licensee that conducts a race meet
in a county | 18 | | with a population in excess of 230,000 and that borders the
| 19 | | Mississippi River shall be further redistributed as | 20 | | provided in subparagraphs
(D) and (E) of paragraph (7) of | 21 | | subsection (g) of this Section 26, with the
portion of that
| 22 | | further redistribution allocated to purses at that | 23 | | organization licensee to be
divided between standardbred | 24 | | purses and thoroughbred purses based on the
amounts | 25 | | otherwise allocated to purses at that organization | 26 | | licensee during the
calendar year in question; and (iv) 8% |
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| 1 | | of the pari-mutuel handle on
inter-track wagering wagered | 2 | | at
such location to satisfy all costs and expenses of | 3 | | conducting its wagering. The
remainder of the monies | 4 | | retained by the inter-track wagering location licensee
| 5 | | shall be allocated 40% to the location licensee and 60% to | 6 | | the organization
licensee which provides the Illinois | 7 | | races to the location, except that an
intertrack wagering | 8 | | location
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 shall
not divide any | 11 | | remaining retention with the organization licensee that | 12 | | provides
the race or races and an intertrack wagering | 13 | | location licensee that accepts
wagers on races conducted by | 14 | | an organization licensee that conducts a race meet
in a | 15 | | county with a population in excess of 230,000 and that | 16 | | borders the
Mississippi River shall not divide any | 17 | | remaining retention with the
organization licensee.
| 18 | | Notwithstanding the provisions of clauses (ii) and (iv) of | 19 | | this
paragraph, in the case of the additional inter-track | 20 | | wagering location licenses
authorized under paragraph (1) | 21 | | of this subsection (h) by this amendatory
Act of 1991, | 22 | | those licensees shall pay the following amounts as purses:
| 23 | | during the first 12 months the licensee is in operation, | 24 | | 5.25% of
the
pari-mutuel handle wagered at the location on | 25 | | races; during the second 12
months, 5.25%; during the third | 26 | | 12 months, 5.75%;
during
the fourth 12 months,
6.25%; and |
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| 1 | | during the fifth 12 months and thereafter, 6.75%. The
| 2 | | following amounts shall be retained by the licensee to | 3 | | satisfy all costs
and expenses of conducting its wagering: | 4 | | during the first 12 months the
licensee is in operation, | 5 | | 8.25% of the pari-mutuel handle wagered
at the
location; | 6 | | during the second 12 months, 8.25%; during the third 12
| 7 | | months, 7.75%;
during the fourth 12 months, 7.25%; and | 8 | | during the fifth 12 months
and
thereafter, 6.75%.
For | 9 | | additional intertrack wagering location licensees | 10 | | authorized under this
amendatory
Act of 1995, purses for | 11 | | the first 12 months the licensee is in operation shall
be | 12 | | 5.75% of the pari-mutuel wagered
at the location, purses | 13 | | for the second 12 months the licensee is in operation
shall | 14 | | be 6.25%, and purses
thereafter shall be 6.75%. For | 15 | | additional intertrack location
licensees
authorized under
| 16 | | this amendatory Act of 1995, the licensee shall be allowed | 17 | | to retain to satisfy
all costs and expenses: 7.75% of the | 18 | | pari-mutuel handle wagered at
the location
during its first | 19 | | 12 months of operation, 7.25% during its second
12
months | 20 | | of
operation, and 6.75% thereafter.
| 21 | | (C) There is hereby created the Horse Racing Tax | 22 | | Allocation Fund
which shall remain in existence until | 23 | | December 31, 1999. Moneys
remaining in the Fund after | 24 | | December 31, 1999
shall be paid into the
General Revenue | 25 | | Fund. Until January 1, 2000,
all monies paid into the Horse | 26 | | Racing Tax Allocation Fund pursuant to this
paragraph (11) |
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| 1 | | by inter-track wagering location licensees located in park
| 2 | | districts of 500,000 population or less, or in a | 3 | | municipality that is not
included within any park district | 4 | | but is included within a conservation
district and is the | 5 | | county seat of a county that (i) is contiguous to the state
| 6 | | of Indiana and (ii) has a 1990 population of 88,257 | 7 | | according to the United
States Bureau of the Census, and | 8 | | operating on May 1, 1994 shall be
allocated by | 9 | | appropriation as follows:
| 10 | | Two-sevenths to the Department of Agriculture. | 11 | | Fifty percent of
this two-sevenths shall be used to | 12 | | promote the Illinois horse racing and
breeding | 13 | | industry, and shall be distributed by the Department of | 14 | | Agriculture
upon the advice of a 9-member committee | 15 | | appointed by the Governor consisting of
the following | 16 | | members: the Director of Agriculture, who shall serve | 17 | | as
chairman; 2 representatives of organization | 18 | | licensees conducting thoroughbred
race meetings in | 19 | | this State, recommended by those licensees; 2 | 20 | | representatives
of organization licensees conducting | 21 | | standardbred race meetings in this State,
recommended | 22 | | by those licensees; a representative of the Illinois
| 23 | | Thoroughbred Breeders and Owners Foundation, | 24 | | recommended by that
Foundation; a representative of | 25 | | the Illinois Standardbred Owners and
Breeders | 26 | | Association, recommended
by that Association; a |
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| 1 | | representative of
the Horsemen's Benevolent and | 2 | | Protective Association or any successor
organization | 3 | | thereto established in Illinois comprised of the | 4 | | largest number of
owners and trainers, recommended by | 5 | | that
Association or that successor organization; and a
| 6 | | representative of the Illinois Harness Horsemen's
| 7 | | Association, recommended by that Association. | 8 | | Committee members shall
serve for terms of 2 years, | 9 | | commencing January 1 of each even-numbered
year. If a | 10 | | representative of any of the above-named entities has | 11 | | not been
recommended by January 1 of any even-numbered | 12 | | year, the Governor shall
appoint a committee member to | 13 | | fill that position. Committee members shall
receive no | 14 | | compensation for their services as members but shall be
| 15 | | reimbursed for all actual and necessary expenses and | 16 | | disbursements incurred
in the performance of their | 17 | | official duties. The remaining 50% of this
| 18 | | two-sevenths shall be distributed to county fairs for | 19 | | premiums and
rehabilitation as set forth in the | 20 | | Agricultural Fair Act;
| 21 | | Four-sevenths to park districts or municipalities | 22 | | that do not have a
park district of 500,000 population | 23 | | or less for museum purposes (if an
inter-track wagering | 24 | | location licensee is located in such a park district) | 25 | | or
to conservation districts for museum purposes (if an | 26 | | inter-track wagering
location licensee is located in a |
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| 1 | | municipality that is not included within any
park | 2 | | district but is included within a conservation | 3 | | district and is the county
seat of a county that (i) is | 4 | | contiguous to the state of Indiana and (ii) has a
1990 | 5 | | population of 88,257 according to the United States | 6 | | Bureau of the Census,
except that if the conservation | 7 | | district does not maintain a museum, the monies
shall | 8 | | be allocated equally between the county and the | 9 | | municipality in which the
inter-track wagering | 10 | | location licensee is located for general purposes) or | 11 | | to a
municipal recreation board for park purposes (if | 12 | | an inter-track wagering
location licensee is located | 13 | | in a municipality that is not included within any
park | 14 | | district and park maintenance is the function of the | 15 | | municipal recreation
board and the municipality has a | 16 | | 1990 population of 9,302 according to the
United States | 17 | | Bureau of the Census); provided that the monies are | 18 | | distributed
to each park district or conservation | 19 | | district or municipality that does not
have a park | 20 | | district in an amount equal to four-sevenths of the | 21 | | amount
collected by each inter-track wagering location | 22 | | licensee within the park
district or conservation | 23 | | district or municipality for the Fund. Monies that
were | 24 | | paid into the Horse Racing Tax Allocation Fund before | 25 | | the effective date
of this amendatory Act of 1991 by an | 26 | | inter-track wagering location licensee
located in a |
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| 1 | | municipality that is not included within any park | 2 | | district but is
included within a conservation | 3 | | district as provided in this paragraph shall, as
soon | 4 | | as practicable after the effective date of this | 5 | | amendatory Act of 1991, be
allocated and paid to that | 6 | | conservation district as provided in this paragraph.
| 7 | | Any park district or municipality not maintaining a | 8 | | museum may deposit the
monies in the corporate fund of | 9 | | the park district or municipality where the
| 10 | | inter-track wagering location is located, to be used | 11 | | for general purposes;
and
| 12 | | One-seventh to the Agricultural Premium Fund to be | 13 | | used for distribution
to agricultural home economics | 14 | | extension councils in accordance with "An
Act in | 15 | | relation to additional support and finances for the | 16 | | Agricultural and
Home Economic Extension Councils in | 17 | | the several counties of this State and
making an | 18 | | appropriation therefor", approved July 24, 1967.
| 19 | | Until January 1, 2000, all other
monies paid into the | 20 | | Horse Racing Tax
Allocation Fund pursuant to
this paragraph | 21 | | (11) shall be allocated by appropriation as follows:
| 22 | | Two-sevenths to the Department of Agriculture. | 23 | | Fifty percent of this
two-sevenths shall be used to | 24 | | promote the Illinois horse racing and breeding
| 25 | | industry, and shall be distributed by the Department of | 26 | | Agriculture upon the
advice of a 9-member committee |
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| 1 | | appointed by the Governor consisting of the
following | 2 | | members: the Director of Agriculture, who shall serve | 3 | | as chairman; 2
representatives of organization | 4 | | licensees conducting thoroughbred race meetings
in | 5 | | this State, recommended by those licensees; 2 | 6 | | representatives of
organization licensees conducting | 7 | | standardbred race meetings in this State,
recommended | 8 | | by those licensees; a representative of the Illinois | 9 | | Thoroughbred
Breeders and Owners Foundation, | 10 | | recommended by that Foundation; a
representative of | 11 | | the Illinois Standardbred Owners and Breeders | 12 | | Association,
recommended by that Association; a | 13 | | representative of the Horsemen's Benevolent
and | 14 | | Protective Association or any successor organization | 15 | | thereto established
in Illinois comprised of the | 16 | | largest number of owners and trainers,
recommended by | 17 | | that Association or that successor organization; and a
| 18 | | representative of the Illinois Harness Horsemen's | 19 | | Association, recommended by
that Association. | 20 | | Committee members shall serve for terms of 2 years,
| 21 | | commencing January 1 of each even-numbered year. If a | 22 | | representative of any of
the above-named entities has | 23 | | not been recommended by January 1 of any
even-numbered | 24 | | year, the Governor shall appoint a committee member to | 25 | | fill that
position. Committee members shall receive no | 26 | | compensation for their services
as members but shall be |
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| 1 | | reimbursed for all actual and necessary expenses and
| 2 | | disbursements incurred in the performance of their | 3 | | official duties. The
remaining 50% of this | 4 | | two-sevenths shall be distributed to county fairs for
| 5 | | premiums and rehabilitation as set forth in the | 6 | | Agricultural Fair Act;
| 7 | | Four-sevenths to museums and aquariums located in | 8 | | park districts of over
500,000 population; provided | 9 | | that the monies are distributed in accordance with
the | 10 | | previous year's distribution of the maintenance tax | 11 | | for such museums and
aquariums as provided in Section 2 | 12 | | of the Park District Aquarium and Museum
Act; and
| 13 | | One-seventh to the Agricultural Premium Fund to be | 14 | | used for distribution
to agricultural home economics | 15 | | extension councils in accordance with "An Act
in | 16 | | relation to additional support and finances for the | 17 | | Agricultural and
Home Economic Extension Councils in | 18 | | the several counties of this State and
making an | 19 | | appropriation therefor", approved July 24, 1967.
This | 20 | | subparagraph (C) shall be inoperative and of no force | 21 | | and effect on and
after January 1, 2000.
| 22 | | (D) Except as provided in paragraph (11) of this | 23 | | subsection (h),
with respect to purse allocation from | 24 | | intertrack wagering, the monies so
retained shall be | 25 | | divided as follows:
| 26 | | (i) If the inter-track wagering licensee, |
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| 1 | | except an intertrack
wagering licensee that | 2 | | derives its license from an organization
licensee | 3 | | located in a county with a population in excess of | 4 | | 230,000 and bounded
by the Mississippi River, is | 5 | | not conducting its own
race meeting during the same | 6 | | dates, then the entire purse allocation shall be
to | 7 | | purses at the track where the races wagered on are | 8 | | being conducted.
| 9 | | (ii) If the inter-track wagering licensee, | 10 | | except an intertrack
wagering licensee that | 11 | | derives its license from an organization
licensee | 12 | | located in a county with a population in excess of | 13 | | 230,000 and bounded
by the Mississippi River, is | 14 | | also
conducting its own
race meeting during the | 15 | | same dates, then the purse allocation shall be as
| 16 | | follows: 50% to purses at the track where the races | 17 | | wagered on are
being conducted; 50% to purses at | 18 | | the track where the inter-track
wagering licensee | 19 | | is accepting such wagers.
| 20 | | (iii) If the inter-track wagering is being | 21 | | conducted by an inter-track
wagering location | 22 | | licensee, except an intertrack wagering location | 23 | | licensee
that derives its license from an | 24 | | organization licensee located in a
county with a | 25 | | population in excess of 230,000 and bounded by the | 26 | | Mississippi
River, the entire purse allocation for |
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| 1 | | Illinois races shall
be to purses at the track | 2 | | where the race meeting being wagered on is being
| 3 | | held.
| 4 | | (12) The Board shall have all powers necessary and | 5 | | proper to fully
supervise and control the conduct of
| 6 | | inter-track wagering and simulcast
wagering by inter-track | 7 | | wagering licensees and inter-track wagering location
| 8 | | licensees, including, but not
limited to the following:
| 9 | | (A) The Board is vested with power to promulgate | 10 | | reasonable rules and
regulations for the purpose of | 11 | | administering the
conduct of this
wagering and to | 12 | | prescribe reasonable rules, regulations and conditions | 13 | | under
which such wagering shall be held and conducted. | 14 | | Such rules and regulations
are to provide for the | 15 | | prevention of practices detrimental to the public
| 16 | | interest and for
the best interests of said wagering | 17 | | and to impose penalties
for violations thereof.
| 18 | | (B) The Board, and any person or persons to whom it | 19 | | delegates this
power, is vested with the power to enter | 20 | | the
facilities of any licensee to determine whether | 21 | | there has been
compliance with the provisions of this | 22 | | Act and the rules and regulations
relating to the | 23 | | conduct of such wagering.
| 24 | | (C) The Board, and any person or persons to whom it | 25 | | delegates this
power, may eject or exclude from any | 26 | | licensee's facilities, any person whose
conduct or |
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| 1 | | reputation
is such that his presence on such premises | 2 | | may, in the opinion of the Board,
call into the | 3 | | question the honesty and integrity of, or interfere | 4 | | with the
orderly conduct of such wagering; provided, | 5 | | however, that no person shall
be excluded or ejected | 6 | | from such premises solely on the grounds of race,
| 7 | | color, creed, national origin, ancestry, or sex.
| 8 | | (D) (Blank).
| 9 | | (E) The Board is vested with the power to appoint | 10 | | delegates to execute
any of the powers granted to it | 11 | | under this Section for the purpose of
administering | 12 | | this wagering and any
rules and
regulations
| 13 | | promulgated in accordance with this Act.
| 14 | | (F) The Board shall name and appoint a State | 15 | | director of this wagering
who shall be a representative | 16 | | of the Board and whose
duty it shall
be to supervise | 17 | | the conduct of inter-track wagering as may be provided | 18 | | for
by the rules and regulations of the Board; such | 19 | | rules and regulation shall
specify the method of | 20 | | appointment and the Director's powers, authority and
| 21 | | duties.
| 22 | | (G) The Board is vested with the power to impose | 23 | | civil penalties of up
to $5,000 against individuals and | 24 | | up to $10,000 against
licensees for each violation of | 25 | | any provision of
this Act relating to the conduct of | 26 | | this wagering, any
rules adopted
by the Board, any |
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| 1 | | order of the Board or any other action which in the | 2 | | Board's
discretion, is a detriment or impediment to | 3 | | such wagering.
| 4 | | (13) The Department of Agriculture may enter into | 5 | | agreements with
licensees authorizing such licensees to | 6 | | conduct inter-track
wagering on races to be held at the | 7 | | licensed race meetings conducted by the
Department of | 8 | | Agriculture. Such
agreement shall specify the races of the | 9 | | Department of Agriculture's
licensed race meeting upon | 10 | | which the licensees will conduct wagering. In the
event | 11 | | that a licensee
conducts inter-track pari-mutuel wagering | 12 | | on races from the Illinois State Fair
or DuQuoin State Fair | 13 | | which are in addition to the licensee's previously
approved | 14 | | racing program, those races shall be considered a separate | 15 | | racing day
for the
purpose of determining the daily handle | 16 | | and computing the privilege or
pari-mutuel tax on
that | 17 | | daily handle as provided in Sections 27
and 27.1. Such
| 18 | | agreements shall be approved by the Board before such | 19 | | wagering may be
conducted. In determining whether to grant | 20 | | approval, the Board shall give
due consideration to the | 21 | | best interests of the public and of horse racing.
The | 22 | | provisions of paragraphs (1), (8), (8.1), and (8.2) of
| 23 | | subsection (h) of this
Section which are not specified in | 24 | | this paragraph (13) shall not apply to
licensed race | 25 | | meetings conducted by the Department of Agriculture at the
| 26 | | Illinois State Fair in Sangamon County or the DuQuoin State |
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| 1 | | Fair in Perry
County, or to any wagering conducted on
those | 2 | | race meetings.
| 3 | | (i) Notwithstanding the other provisions of this Act, the | 4 | | conduct of
wagering at wagering facilities is authorized on all | 5 | | days, except as limited by
subsection (b) of Section 19 of this | 6 | | Act.
| 7 | | (Source: P.A. 97-1060, eff. 8-24-12; 98-18, eff. 6-7-13.)
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