Full Text of HB5198 102nd General Assembly
HB5198 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB5198 Introduced 1/31/2022, by Rep. Robert Rita SYNOPSIS AS INTRODUCED: |
| 230 ILCS 5/26 | from Ch. 8, par. 37-26 |
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Amends the Illinois Horse Racing Act of 1975. Removes a provision that provides that an eligible race track located in a county that has a population of more than 230,000 and is bounded by the Mississippi River may establish up to 9 inter-track wagering locations, an eligible race track located in Stickney Township in Cook County may establish up to 16 inter-track wagering locations, and an eligible race track located in Palatine Township in Cook County may establish up to 18 inter-track wagering locations. Removes a provision that provides that any eligible racetrack conducting Standardbred racing may have up to 16 inter-track wagering locations. Provides that an inter-track wagering location licensee may conduct inter-track wagering and simulcast wagering without written consent regardless of whether it is located within 5 miles (or 8 miles for specific locations outside of Chicago) of a race track if the Illinois Racing Board licensed the inter-track wagering location licensee before initially issuing an organization license to the race track in question.
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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 | 5 | | amended 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 supervise the pari-mutuel | 9 | | system of
wagering, as defined in Section 3.12 of this Act, on | 10 | | horse races conducted by
an Illinois organization
licensee or | 11 | | conducted at a racetrack located in another state or country | 12 | | in accordance with subsection (g) of Section 26 of this
Act. | 13 | | Subject to the prior consent of the Board, licensees may | 14 | | supplement any
pari-mutuel pool in order to guarantee a | 15 | | minimum distribution. Such
pari-mutuel method of wagering | 16 | | shall not,
under any circumstances if conducted under the | 17 | | provisions of this Act,
be held or construed to be unlawful, | 18 | | other statutes of this State to the
contrary notwithstanding.
| 19 | | Subject to rules for advance wagering promulgated by the | 20 | | Board, any
licensee
may accept wagers in advance of the day of
| 21 | | the race wagered upon occurs.
| 22 | | (b) Except for those gaming activities for which a license | 23 | | is obtained and authorized under the Illinois Lottery Law, the |
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| 1 | | Charitable Games Act, the Raffles and Poker Runs Act, or the | 2 | | Illinois Gambling Act, no other method of betting, pool | 3 | | making, wagering or
gambling shall be used or permitted by the | 4 | | licensee. Each licensee
may retain, subject to the payment of | 5 | | all applicable
taxes and purses, an amount not to exceed 17% of | 6 | | all money wagered
under subsection (a) of this Section, except | 7 | | as may otherwise be permitted
under this Act.
| 8 | | (b-5) An individual may place a wager under the | 9 | | pari-mutuel system from
any licensed location authorized under | 10 | | this Act provided that wager is
electronically recorded in the | 11 | | manner described in Section 3.12 of this Act.
Any wager made | 12 | | electronically by an individual while physically on the | 13 | | premises
of a licensee shall be deemed to have been made at the | 14 | | premises of that
licensee.
| 15 | | (c) (Blank).
| 16 | | (c-5) The sum held by any licensee for payment
of
| 17 | | outstanding pari-mutuel tickets, if unclaimed prior to | 18 | | December 31 of the
next year, shall be retained by the licensee | 19 | | for payment of
such tickets until that date. Within 10 days | 20 | | thereafter, the balance of
such sum remaining unclaimed, less | 21 | | any uncashed supplements contributed by such
licensee for the | 22 | | purpose of guaranteeing minimum distributions
of any | 23 | | pari-mutuel pool, shall be evenly distributed to the purse | 24 | | account of
the organization licensee and the organization | 25 | | licensee, except that the balance of the sum of all | 26 | | outstanding pari-mutuel tickets generated from simulcast |
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| 1 | | wagering and inter-track wagering by an organization licensee | 2 | | located in a county with a population in excess of 230,000 and | 3 | | borders the Mississippi River or any licensee that derives its | 4 | | license from that organization licensee shall be evenly | 5 | | distributed to the purse account of the organization licensee | 6 | | and the organization licensee.
| 7 | | (d) A pari-mutuel ticket shall be honored until December | 8 | | 31 of the
next calendar year, and the licensee shall pay the | 9 | | same and may
charge the amount thereof against unpaid money | 10 | | similarly accumulated on account
of pari-mutuel tickets not | 11 | | presented for payment.
| 12 | | (e) No licensee shall knowingly permit any minor, other
| 13 | | than an employee of such licensee or an owner, trainer,
| 14 | | jockey, driver, or employee thereof, to be admitted during a | 15 | | racing
program unless accompanied by a parent or guardian, or | 16 | | any minor to be a
patron of the pari-mutuel system of wagering | 17 | | conducted or
supervised by it. The admission of any | 18 | | unaccompanied minor, other than
an employee of the licensee or | 19 | | an owner, trainer, jockey,
driver, or employee thereof at a | 20 | | race track is a Class C
misdemeanor.
| 21 | | (f) Notwithstanding the other provisions of this Act, an
| 22 | | organization licensee may contract
with an entity in another | 23 | | state or country to permit any legal
wagering entity in | 24 | | another state or country to accept wagers solely within
such | 25 | | other state or country on races conducted by the organization | 26 | | licensee
in this State.
Beginning January 1, 2000, these |
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| 1 | | wagers
shall not be subject to State
taxation. Until January | 2 | | 1, 2000,
when the out-of-State entity conducts a pari-mutuel | 3 | | pool
separate from the organization licensee, a privilege tax | 4 | | equal to 7 1/2% of
all monies received by the organization | 5 | | licensee from entities in other states
or countries pursuant | 6 | | to such contracts is imposed on the organization
licensee, and | 7 | | such privilege tax shall be remitted to the
Department of | 8 | | Revenue
within 48 hours of receipt of the moneys from the | 9 | | simulcast. When the
out-of-State entity conducts a
combined | 10 | | pari-mutuel pool with the organization licensee, the tax shall | 11 | | be 10%
of all monies received by the organization licensee | 12 | | with 25% of the
receipts from this 10% tax to be distributed to | 13 | | the county
in which the race was conducted.
| 14 | | An organization licensee may permit one or more of its | 15 | | races to be
utilized for
pari-mutuel wagering at one or more | 16 | | locations in other states and may
transmit audio and visual | 17 | | signals of races the organization licensee
conducts to one or
| 18 | | more locations outside the State or country and may also | 19 | | permit pari-mutuel
pools in other states or countries to be | 20 | | combined with its gross or net
wagering pools or with wagering | 21 | | pools established by other states.
| 22 | | (g) A host track may accept interstate simulcast wagers on
| 23 | | horse
races conducted in other states or countries and shall | 24 | | control the
number of signals and types of breeds of racing in | 25 | | its simulcast program,
subject to the disapproval of the | 26 | | Board. The Board may prohibit a simulcast
program only if it |
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| 1 | | finds that the simulcast program is clearly
adverse to the | 2 | | integrity of racing. The host track
simulcast program shall
| 3 | | include the signal of live racing of all organization | 4 | | licensees.
All non-host licensees and advance deposit wagering | 5 | | licensees shall carry the signal of and accept wagers on live | 6 | | racing of all organization licensees. Advance deposit wagering | 7 | | licensees shall not be permitted to accept out-of-state wagers | 8 | | on any Illinois signal provided pursuant to this Section | 9 | | without the approval and consent of the organization licensee | 10 | | providing the signal. For one year after August 15, 2014 (the | 11 | | effective date of Public Act 98-968), non-host licensees may | 12 | | carry the host track simulcast program and
shall accept wagers | 13 | | on all races included as part of the simulcast
program of horse | 14 | | races conducted at race tracks located within North America | 15 | | upon which wagering is permitted. For a period of one year | 16 | | after August 15, 2014 (the effective date of Public Act | 17 | | 98-968), on horse races conducted at race tracks located | 18 | | outside of North America, non-host licensees may accept wagers | 19 | | on all races included as part of the simulcast program upon | 20 | | which wagering is permitted. Beginning August 15, 2015 (one | 21 | | year after the effective date of Public Act 98-968), non-host | 22 | | licensees may carry the host track simulcast program and shall | 23 | | accept wagers on all races included as part of the simulcast | 24 | | program upon which wagering is permitted.
All organization | 25 | | licensees shall provide their live signal to all advance | 26 | | deposit wagering licensees for a simulcast commission fee not |
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| 1 | | to exceed 6% of the advance deposit wagering licensee's | 2 | | Illinois handle on the organization licensee's signal without | 3 | | prior approval by the Board. The Board may adopt rules under | 4 | | which it may permit simulcast commission fees in excess of 6%. | 5 | | The Board shall adopt rules limiting the interstate commission | 6 | | fees charged to an advance deposit wagering licensee. The | 7 | | Board shall adopt rules regarding advance deposit wagering on | 8 | | interstate simulcast races that shall reflect, among other | 9 | | things, the General Assembly's desire to maximize revenues to | 10 | | the State, horsemen purses, and organization licensees. | 11 | | However, organization licensees providing live signals | 12 | | pursuant to the requirements of this subsection (g) may | 13 | | petition the Board to withhold their live signals from an | 14 | | advance deposit wagering licensee if the organization licensee | 15 | | discovers and the Board finds reputable or credible | 16 | | information that the advance deposit wagering licensee is | 17 | | under investigation by another state or federal governmental | 18 | | agency, the advance deposit wagering licensee's license has | 19 | | been suspended in another state, or the advance deposit | 20 | | wagering licensee's license is in revocation proceedings in | 21 | | another state. The organization licensee's provision of their | 22 | | live signal to an advance deposit wagering licensee under this | 23 | | subsection (g) pertains to wagers placed from within Illinois. | 24 | | Advance deposit wagering licensees may place advance deposit | 25 | | wagering terminals at wagering facilities as a convenience to | 26 | | customers. The advance deposit wagering licensee shall not |
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| 1 | | charge or collect any fee from purses for the placement of the | 2 | | advance deposit wagering terminals. The costs and expenses
of | 3 | | the host track and non-host licensees associated
with | 4 | | interstate simulcast
wagering, other than the interstate
| 5 | | commission fee, shall be borne by the host track and all
| 6 | | non-host licensees
incurring these costs.
The interstate | 7 | | commission fee shall not exceed 5% of Illinois handle on the
| 8 | | interstate simulcast race or races without prior approval of | 9 | | the Board. The
Board shall promulgate rules under which it may | 10 | | permit
interstate commission
fees in excess of 5%. The | 11 | | interstate commission
fee and other fees charged by the | 12 | | sending racetrack, including, but not
limited to, satellite | 13 | | decoder fees, shall be uniformly applied
to the host track and | 14 | | all non-host licensees.
| 15 | | Notwithstanding any other provision of this Act, an | 16 | | organization licensee, with the consent of the horsemen | 17 | | association representing the largest number of owners, | 18 | | trainers, jockeys, or standardbred drivers who race horses at | 19 | | that organization licensee's racing meeting, may maintain a | 20 | | system whereby advance deposit wagering may take place or an | 21 | | organization licensee, with the consent of the horsemen | 22 | | association representing the largest number of owners, | 23 | | trainers, jockeys, or standardbred drivers who race horses at | 24 | | that organization licensee's racing meeting, may contract with | 25 | | another person to carry out a system of advance deposit | 26 | | wagering. Such consent may not be unreasonably withheld. Only |
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| 1 | | with respect to an appeal to the Board that consent for an | 2 | | organization licensee that maintains its own advance deposit | 3 | | wagering system is being unreasonably withheld, the Board | 4 | | shall issue a final order within 30 days after initiation of | 5 | | the appeal, and the organization licensee's advance deposit | 6 | | wagering system may remain operational during that 30-day | 7 | | period. The actions of any organization licensee who conducts | 8 | | advance deposit wagering or any person who has a contract with | 9 | | an organization licensee to conduct advance deposit wagering | 10 | | who conducts advance deposit wagering on or after January 1, | 11 | | 2013 and prior to June 7, 2013 (the effective date of Public | 12 | | Act 98-18) taken in reliance on the changes made to this | 13 | | subsection (g) by Public Act 98-18 are hereby validated, | 14 | | provided payment of all applicable pari-mutuel taxes are | 15 | | remitted to the Board. All advance deposit wagers placed from | 16 | | within Illinois must be placed through a Board-approved | 17 | | advance deposit wagering licensee; no other entity may accept | 18 | | an advance deposit wager from a person within Illinois. All | 19 | | advance deposit wagering is subject to any rules adopted by | 20 | | the Board. The Board may adopt rules necessary to regulate | 21 | | advance deposit wagering through the use of emergency | 22 | | rulemaking in accordance with Section 5-45 of the Illinois | 23 | | Administrative Procedure Act. The General Assembly finds that | 24 | | the adoption of rules to regulate advance deposit wagering is | 25 | | deemed an emergency and necessary for the public interest, | 26 | | safety, and welfare. An advance deposit wagering licensee may |
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| 1 | | retain all moneys as agreed to by contract with an | 2 | | organization licensee. Any moneys retained by the organization | 3 | | licensee from advance deposit wagering, not including moneys | 4 | | retained by the advance deposit wagering licensee, shall be | 5 | | paid 50% to the organization licensee's purse account and 50% | 6 | | to the organization licensee. With the exception of any | 7 | | organization licensee that is owned by a publicly traded | 8 | | company that is incorporated in a state other than Illinois | 9 | | and advance deposit wagering licensees under contract with | 10 | | such organization licensees, organization licensees that | 11 | | maintain advance deposit wagering systems and advance deposit | 12 | | wagering licensees that contract with organization licensees | 13 | | shall provide sufficiently detailed monthly accountings to the | 14 | | horsemen association representing the largest number of | 15 | | owners, trainers, jockeys, or standardbred drivers who race | 16 | | horses at that organization licensee's racing meeting so that | 17 | | the horsemen association, as an interested party, can confirm | 18 | | the accuracy of the amounts paid to the purse account at the | 19 | | horsemen association's affiliated organization licensee from | 20 | | advance deposit wagering. If more than one breed races at the | 21 | | same race track facility, then the 50% of the moneys to be paid | 22 | | to an organization licensee's purse account shall be allocated | 23 | | among all organization licensees' purse accounts operating at | 24 | | that race track facility proportionately based on the actual | 25 | | number of host days that the Board grants to that breed at that | 26 | | race track facility in the current calendar year. To the |
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| 1 | | extent any fees from advance deposit wagering conducted in | 2 | | Illinois for wagers in Illinois or other states have been | 3 | | placed in escrow or otherwise withheld from wagers pending a | 4 | | determination of the legality of advance deposit wagering, no | 5 | | action shall be brought to declare such wagers or the | 6 | | disbursement of any fees previously escrowed illegal. | 7 | | (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
| 8 | | inter-track wagering
licensee other than the host track | 9 | | may supplement the host track simulcast
program with | 10 | | additional simulcast races or race programs, provided that | 11 | | between
January 1 and the third Friday in February of any | 12 | | year, inclusive, if no live
thoroughbred racing is | 13 | | occurring in Illinois during this period, only
| 14 | | thoroughbred races may be used
for supplemental interstate | 15 | | simulcast purposes. The Board shall withhold
approval for | 16 | | a supplemental interstate simulcast only if it finds that | 17 | | the
simulcast is clearly adverse to the integrity of | 18 | | racing. A supplemental
interstate simulcast may be | 19 | | transmitted from an inter-track wagering licensee to
its | 20 | | affiliated non-host licensees. The interstate commission | 21 | | fee for a
supplemental interstate simulcast shall be paid | 22 | | by the non-host licensee and
its affiliated non-host | 23 | | licensees receiving the simulcast.
| 24 | | (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
| 25 | | inter-track wagering
licensee other than the host track | 26 | | may receive supplemental interstate
simulcasts only with |
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| 1 | | the consent of the host track, except when the Board
finds | 2 | | that the simulcast is
clearly adverse to the integrity of | 3 | | racing. Consent granted under this
paragraph (2) to any | 4 | | inter-track wagering licensee shall be deemed consent to
| 5 | | all non-host licensees. The interstate commission fee for | 6 | | the supplemental
interstate simulcast shall be paid
by all | 7 | | participating non-host licensees.
| 8 | | (3) Each licensee conducting interstate simulcast | 9 | | wagering may retain,
subject to the payment of all | 10 | | applicable taxes and the purses, an amount not to
exceed | 11 | | 17% of all money wagered. If any licensee conducts the | 12 | | pari-mutuel
system wagering on races conducted at | 13 | | racetracks in another state or country,
each such race or | 14 | | race program shall be considered a separate racing day for
| 15 | | the purpose of determining the daily handle and computing | 16 | | the privilege tax of
that daily handle as provided in | 17 | | subsection (a) of Section 27.
Until January 1, 2000,
from | 18 | | the sums permitted to be retained pursuant to this | 19 | | subsection, each
inter-track wagering location licensee | 20 | | shall pay 1% of the pari-mutuel handle
wagered on | 21 | | simulcast wagering to the Horse Racing Tax Allocation | 22 | | Fund, subject
to the provisions of subparagraph (B) of | 23 | | paragraph (11) of subsection (h) of
Section 26 of this | 24 | | Act.
| 25 | | (4) A licensee who receives an interstate simulcast | 26 | | may combine its gross
or net pools with pools at the |
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| 1 | | sending racetracks pursuant to rules established
by the | 2 | | Board. All licensees combining their gross pools
at a
| 3 | | sending racetrack shall adopt the takeout percentages of | 4 | | the sending
racetrack.
A licensee may also establish a | 5 | | separate pool and takeout structure for
wagering purposes | 6 | | on races conducted at race tracks outside of the
State of | 7 | | Illinois. The licensee may permit pari-mutuel wagers | 8 | | placed in other
states or
countries to be combined with | 9 | | its gross or net wagering pools or other
wagering pools.
| 10 | | (5) After the payment of the interstate commission fee | 11 | | (except for the
interstate commission
fee on a | 12 | | supplemental interstate simulcast, which shall be paid by | 13 | | the host
track and by each non-host licensee through the | 14 | | host track) and all applicable
State and local
taxes, | 15 | | except as provided in subsection (g) of Section 27 of this | 16 | | Act, the
remainder of moneys retained from simulcast | 17 | | wagering pursuant to this
subsection (g), and Section 26.2 | 18 | | shall be divided as follows:
| 19 | | (A) For interstate simulcast wagers made at a host | 20 | | track, 50% to the
host
track and 50% to purses at the | 21 | | host track.
| 22 | | (B) For wagers placed on interstate simulcast | 23 | | races, supplemental
simulcasts as defined in | 24 | | subparagraphs (1) and (2), and separately pooled races
| 25 | | conducted outside of the State of Illinois made at a | 26 | | non-host
licensee, 25% to the host
track, 25% to the |
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| 1 | | non-host licensee, and 50% to the purses at the host | 2 | | track.
| 3 | | (6) Notwithstanding any provision in this Act to the | 4 | | contrary, non-host
licensees
who derive their licenses | 5 | | from a track located in a county with a population in
| 6 | | excess of 230,000 and that borders the Mississippi River | 7 | | may receive
supplemental interstate simulcast races at all | 8 | | times subject to Board approval,
which shall be withheld | 9 | | only upon a finding that a supplemental interstate
| 10 | | simulcast is clearly adverse to the integrity of racing.
| 11 | | (7) Effective January 1, 2017, notwithstanding any | 12 | | provision of this Act to the contrary, after
payment of | 13 | | all applicable State and local taxes and interstate | 14 | | commission fees,
non-host licensees who derive their | 15 | | licenses from a track located in a county
with a | 16 | | population in excess of 230,000 and that borders the | 17 | | Mississippi River
shall retain 50% of the retention from | 18 | | interstate simulcast wagers and shall
pay 50% to purses at | 19 | | the track from which the non-host licensee derives its
| 20 | | license.
| 21 | | (7.1) Notwithstanding any other provision of this Act | 22 | | to the contrary,
if
no
standardbred racing is conducted at | 23 | | a racetrack located in Madison County
during any
calendar | 24 | | year beginning on or after January 1, 2002, all
moneys | 25 | | derived by
that racetrack from simulcast wagering and | 26 | | inter-track wagering that (1) are to
be used
for purses |
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| 1 | | and (2) are generated between the hours of 6:30 p.m. and | 2 | | 6:30 a.m.
during that
calendar year shall
be paid as | 3 | | follows:
| 4 | | (A) If the licensee that conducts horse racing at | 5 | | that racetrack
requests from the Board at least as | 6 | | many racing dates as were conducted in
calendar year | 7 | | 2000, 80% shall be paid to its thoroughbred purse | 8 | | account; and
| 9 | | (B) Twenty percent shall be deposited into the | 10 | | Illinois Colt Stakes
Purse
Distribution
Fund and shall | 11 | | be paid to purses for standardbred races for Illinois | 12 | | conceived
and foaled horses conducted at any county | 13 | | fairgrounds.
The moneys deposited into the Fund | 14 | | pursuant to this subparagraph (B) shall be
deposited
| 15 | | within 2
weeks after the day they were generated, | 16 | | shall be in addition to and not in
lieu of any other
| 17 | | moneys paid to standardbred purses under this Act, and | 18 | | shall not be commingled
with other moneys paid into | 19 | | that Fund. The moneys deposited
pursuant to this | 20 | | subparagraph (B) shall be allocated as provided by the
| 21 | | Department of Agriculture, with the advice and | 22 | | assistance of the Illinois
Standardbred
Breeders Fund | 23 | | Advisory Board.
| 24 | | (7.2) Notwithstanding any other provision of this Act | 25 | | to the contrary, if
no
thoroughbred racing is conducted at | 26 | | a racetrack located in Madison County
during any
calendar |
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| 1 | | year beginning on or after January 1,
2002, all
moneys | 2 | | derived by
that racetrack from simulcast wagering and | 3 | | inter-track wagering that (1) are to
be used
for purses | 4 | | and (2) are generated between the hours of 6:30 a.m. and | 5 | | 6:30 p.m.
during that
calendar year shall
be deposited as | 6 | | follows:
| 7 | | (A) If the licensee that conducts horse racing at | 8 | | that racetrack
requests from the
Board at least
as | 9 | | many racing dates as were conducted in calendar year | 10 | | 2000, 80%
shall be deposited into its standardbred | 11 | | purse
account; and
| 12 | | (B) Twenty percent shall be deposited into the | 13 | | Illinois Colt Stakes
Purse
Distribution Fund. Moneys | 14 | | deposited into the Illinois Colt Stakes Purse
| 15 | | Distribution Fund
pursuant to this subparagraph (B) | 16 | | shall be paid to Illinois
conceived and foaled | 17 | | thoroughbred breeders' programs
and to thoroughbred | 18 | | purses for races conducted at any county fairgrounds | 19 | | for
Illinois conceived
and foaled horses at the | 20 | | discretion of the
Department of Agriculture, with the | 21 | | advice and assistance of
the Illinois Thoroughbred | 22 | | Breeders Fund Advisory
Board. The moneys deposited | 23 | | into the Illinois Colt Stakes Purse Distribution
Fund
| 24 | | pursuant to this subparagraph (B) shall be deposited | 25 | | within 2 weeks
after the day they were generated, | 26 | | shall be in addition to and not in
lieu of any other |
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| 1 | | moneys paid to thoroughbred purses
under this Act, and | 2 | | shall not be commingled with other moneys deposited | 3 | | into
that Fund.
| 4 | | (8) Notwithstanding any provision in this Act to the | 5 | | contrary, an
organization licensee from a track located in | 6 | | a county with a population in
excess of 230,000 and that | 7 | | borders the Mississippi River and its affiliated
non-host | 8 | | licensees shall not be entitled to share in any retention | 9 | | generated on
racing, inter-track wagering, or simulcast | 10 | | wagering at any other Illinois
wagering facility.
| 11 | | (8.1) Notwithstanding any provisions in this Act to | 12 | | the contrary, if 2
organization licensees
are conducting | 13 | | standardbred race meetings concurrently
between the hours | 14 | | of 6:30 p.m. and 6:30 a.m., after payment of all | 15 | | applicable
State and local taxes and interstate commission | 16 | | fees, the remainder of the
amount retained from simulcast | 17 | | wagering otherwise attributable to the host
track and to | 18 | | host track purses shall be split daily between the 2
| 19 | | organization licensees and the purses at the tracks of the | 20 | | 2 organization
licensees, respectively, based on each | 21 | | organization licensee's share
of the total live handle for | 22 | | that day,
provided that this provision shall not apply to | 23 | | any non-host licensee that
derives its license from a | 24 | | track located in a county with a population in
excess of | 25 | | 230,000 and that borders the Mississippi River.
| 26 | | (9) (Blank).
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| 1 | | (10) (Blank).
| 2 | | (11) (Blank).
| 3 | | (12) The Board shall have authority to compel all host | 4 | | tracks to receive
the simulcast of any or all races | 5 | | conducted at the Springfield or DuQuoin State
fairgrounds | 6 | | and include all such races as part of their simulcast | 7 | | programs.
| 8 | | (13) Notwithstanding any other provision of this Act, | 9 | | in the event that
the total Illinois pari-mutuel handle on | 10 | | Illinois horse races at all wagering
facilities in any | 11 | | calendar year is less than 75% of the total Illinois
| 12 | | pari-mutuel handle on Illinois horse races at all such | 13 | | wagering facilities for
calendar year 1994, then each | 14 | | wagering facility that has an annual total
Illinois | 15 | | pari-mutuel handle on Illinois horse races that is less | 16 | | than 75% of
the total Illinois pari-mutuel handle on | 17 | | Illinois horse races at such wagering
facility for | 18 | | calendar year 1994, shall be permitted to receive, from | 19 | | any amount
otherwise
payable to the purse account at the | 20 | | race track with which the wagering facility
is affiliated | 21 | | in the succeeding calendar year, an amount equal to 2% of | 22 | | the
differential in total Illinois pari-mutuel handle on | 23 | | Illinois horse
races at the wagering facility between that | 24 | | calendar year in question and 1994
provided, however, that | 25 | | a
wagering facility shall not be entitled to any such | 26 | | payment until the Board
certifies in writing to the |
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| 1 | | wagering facility the amount to which the wagering
| 2 | | facility is entitled
and a schedule for payment of the | 3 | | amount to the wagering facility, based on:
(i) the racing | 4 | | dates awarded to the race track affiliated with the | 5 | | wagering
facility during the succeeding year; (ii) the | 6 | | sums available or anticipated to
be available in the purse | 7 | | account of the race track affiliated with the
wagering | 8 | | facility for purses during the succeeding year; and (iii) | 9 | | the need to
ensure reasonable purse levels during the | 10 | | payment period.
The Board's certification
shall be | 11 | | provided no later than January 31 of the succeeding year.
| 12 | | In the event a wagering facility entitled to a payment | 13 | | under this paragraph
(13) is affiliated with a race track | 14 | | that maintains purse accounts for both
standardbred and | 15 | | thoroughbred racing, the amount to be paid to the wagering
| 16 | | facility shall be divided between each purse account pro | 17 | | rata, based on the
amount of Illinois handle on Illinois | 18 | | standardbred and thoroughbred racing
respectively at the | 19 | | wagering facility during the previous calendar year.
| 20 | | Annually, the General Assembly shall appropriate | 21 | | sufficient funds from the
General Revenue Fund to the | 22 | | Department of Agriculture for payment into the
| 23 | | thoroughbred and standardbred horse racing purse accounts | 24 | | at
Illinois pari-mutuel tracks. The amount paid to each | 25 | | purse account shall be
the amount certified by the | 26 | | Illinois Racing Board in January to be
transferred from |
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| 1 | | each account to each eligible racing facility in
| 2 | | accordance with the provisions of this Section. Beginning | 3 | | in the calendar year in which an organization licensee | 4 | | that is eligible to receive payment under this paragraph | 5 | | (13) begins to receive funds from gaming pursuant to an | 6 | | organization gaming license issued under the Illinois | 7 | | Gambling Act, the amount of the payment due to all | 8 | | wagering facilities licensed under that organization | 9 | | licensee under this paragraph (13) shall be the amount | 10 | | certified by the Board in January of that year. An | 11 | | organization licensee and its related wagering facilities | 12 | | shall no longer be able to receive payments under this | 13 | | paragraph (13) beginning in the year subsequent to the | 14 | | first year in which the organization licensee begins to | 15 | | receive funds from gaming pursuant to an organization | 16 | | gaming license issued under the Illinois Gambling Act.
| 17 | | (h) The Board may approve and license the conduct of | 18 | | inter-track wagering
and simulcast wagering by inter-track | 19 | | wagering licensees and inter-track
wagering location licensees | 20 | | subject to the following terms and conditions:
| 21 | | (1) Any person licensed to conduct a race meeting (i) | 22 | | at a track where
60 or more days of racing were conducted | 23 | | during the immediately preceding
calendar year or where | 24 | | over the 5 immediately preceding calendar years an
average | 25 | | of 30 or more days of racing were conducted annually may be | 26 | | issued an
inter-track wagering license; (ii) at a track
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| 1 | | located in a county that is bounded by the Mississippi | 2 | | River, which has a
population of less than 150,000 | 3 | | according to the 1990 decennial census, and an
average of | 4 | | at least 60 days of racing per year between 1985 and 1993 | 5 | | may be
issued an inter-track wagering license; (iii) at a | 6 | | track awarded standardbred racing dates; or (iv) at a | 7 | | track
located in Madison
County that conducted at least | 8 | | 100 days of live racing during the immediately
preceding
| 9 | | calendar year may be issued an inter-track wagering | 10 | | license, unless a lesser
schedule of
live racing is the | 11 | | result of (A) weather, unsafe track conditions, or other
| 12 | | acts of God; (B)
an agreement between the organization | 13 | | licensee and the associations
representing the
largest | 14 | | number of owners, trainers, jockeys, or standardbred | 15 | | drivers who race
horses at
that organization licensee's | 16 | | racing meeting; or (C) a finding by the Board of
| 17 | | extraordinary circumstances and that it was in the best | 18 | | interest of the public
and the sport to conduct fewer than | 19 | | 100 days of live racing. Any such person
having operating | 20 | | control of the racing facility may receive
inter-track | 21 | | wagering
location licenses. An
eligible race track located | 22 | | in a county that has a population of more than
230,000 and | 23 | | that is bounded by the Mississippi River may establish up | 24 | | to 9
inter-track wagering locations, an eligible race | 25 | | track located in Stickney Township in Cook County may | 26 | | establish up to 16 inter-track wagering locations, and an |
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| 1 | | eligible race track located in Palatine Township in Cook | 2 | | County may establish up to 18 inter-track wagering | 3 | | locations. An eligible racetrack conducting standardbred | 4 | | racing may have up to 16 inter-track wagering locations.
| 5 | | An application for
said license shall be filed with the | 6 | | Board prior to such dates as may be
fixed by the Board. | 7 | | With an application for an inter-track
wagering
location | 8 | | license there shall be delivered to the Board a certified | 9 | | check or
bank draft payable to the order of the Board for | 10 | | an amount equal to $500.
The application shall be on forms | 11 | | prescribed and furnished by the Board. The
application | 12 | | shall comply with all other rules,
regulations and | 13 | | conditions imposed by 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 | 16 | | and 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 | 21 | | the Board at a meeting to be held on such date as may be
| 22 | | fixed 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 | 26 | | horse racing, and of maximizing revenue to the State.
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| 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 | 6 | | business in this State, and conditioned upon
(i) the | 7 | | payment by the licensee of all taxes due under Section 27 | 8 | | or 27.1
and any other monies due and payable under this | 9 | | Act, and (ii)
distribution by the licensee, upon | 10 | | presentation of the winning ticket or
tickets, of all sums | 11 | | payable to the 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 4 miles from a |
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| 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. Except as otherwise | 8 | | provided However , inter-track wagering and simulcast | 9 | | wagering
shall not
be conducted by those licensees at any | 10 | | location within 5 miles of any race
track at which a
horse | 11 | | race meeting has been licensed in the current year, unless | 12 | | the person
having operating control of such race track has | 13 | | given its written consent
to such inter-track wagering | 14 | | location licensees,
which consent
must be filed with the | 15 | | Board at or prior to the time application is made. In the | 16 | | case of any inter-track wagering location licensee | 17 | | initially licensed after December 31, 2013, inter-track | 18 | | wagering and simulcast wagering shall not be conducted by | 19 | | those inter-track wagering location licensees that are | 20 | | located outside the City of Chicago at any location within | 21 | | 8 miles of any race track at which a horse race meeting has | 22 | | been licensed in the current year, unless the person | 23 | | having operating control of such race track has given its | 24 | | written consent to such inter-track wagering location | 25 | | licensees, which consent must be filed with the Board at | 26 | | or prior to the time application is made. However, an |
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| 1 | | inter-track wagering location licensee may conduct | 2 | | inter-track wagering and simulcast wagering without | 3 | | written consent regardless of whether it is located within | 4 | | 5 miles (or 8 miles for an inter-track wagering location | 5 | | licensee initially licensed after December 31, 2013 that | 6 | | is located outside the City of Chicago) of a race track if | 7 | | the Board licensed the inter-track wagering location | 8 | | licensee before initially issuing an organization license | 9 | | to the race track in question.
| 10 | | (8.2) Inter-track wagering or simulcast wagering shall | 11 | | not be
conducted by an inter-track
wagering location | 12 | | licensee at any location within 100 feet of an
existing
| 13 | | church, an existing elementary or secondary public school, | 14 | | or an existing elementary or secondary private school | 15 | | registered with or recognized by the State Board of | 16 | | Education. The
distance of 100 feet shall be measured to | 17 | | the nearest part of any
building
used for worship | 18 | | services, education programs, or
conducting inter-track | 19 | | wagering by an inter-track wagering location
licensee, and | 20 | | not to property boundaries. However, inter-track wagering | 21 | | or
simulcast wagering may be conducted at a site within | 22 | | 100 feet of
a church or school if such church or school
has | 23 | | been erected
or established after
the Board issues
the | 24 | | original inter-track wagering location license at the site | 25 | | in question.
Inter-track wagering location licensees may | 26 | | conduct inter-track wagering
and simulcast wagering only |
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| 1 | | in areas that are zoned for
commercial or manufacturing | 2 | | purposes or
in areas for which a special use has been | 3 | | approved by the local zoning
authority. However, no | 4 | | license to conduct inter-track wagering and simulcast
| 5 | | wagering shall be
granted by the Board with respect to any | 6 | | inter-track wagering location
within the jurisdiction of | 7 | | any local zoning authority which has, by
ordinance or by | 8 | | resolution, prohibited the establishment of an inter-track
| 9 | | wagering location within its jurisdiction. However, | 10 | | inter-track wagering
and simulcast wagering may be | 11 | | conducted at a site if such ordinance or
resolution is | 12 | | enacted after
the Board licenses the original inter-track | 13 | | wagering location
licensee for the site in question.
| 14 | | (9) (Blank).
| 15 | | (10) An inter-track wagering licensee or an | 16 | | inter-track wagering
location licensee may retain, subject | 17 | | to the
payment of the privilege taxes and the purses, an | 18 | | amount not to
exceed 17% of all money wagered. Each | 19 | | program of racing conducted by
each inter-track wagering | 20 | | licensee or inter-track wagering location
licensee shall | 21 | | be considered a separate racing day for the purpose of
| 22 | | determining the daily handle and computing the privilege | 23 | | tax or pari-mutuel
tax on such daily
handle as provided in | 24 | | Section 27.
| 25 | | (10.1) Except as provided in subsection (g) of Section | 26 | | 27 of this Act,
inter-track wagering location licensees |
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| 1 | | shall pay 1% of the
pari-mutuel handle at each location to | 2 | | the municipality in which such
location is situated and 1% | 3 | | of the pari-mutuel handle at each location to
the county | 4 | | in which such location is situated. In the event that an
| 5 | | inter-track wagering location licensee is situated in an | 6 | | unincorporated
area of a county, such licensee shall pay | 7 | | 2% of the pari-mutuel handle from
such location to such | 8 | | county. Inter-track wagering location licensees must pay | 9 | | the handle percentage required under this paragraph to the | 10 | | municipality and county no later than the 20th of the | 11 | | month following the month such handle was generated.
| 12 | | (10.2) Notwithstanding any other provision of this | 13 | | Act, with respect to inter-track
wagering at a race track | 14 | | located in a
county that has a population of
more than | 15 | | 230,000 and that is bounded by the Mississippi River ("the | 16 | | first race
track"), or at a facility operated by an | 17 | | inter-track wagering licensee or
inter-track wagering | 18 | | location licensee that derives its license from the
| 19 | | organization licensee that operates the first race track, | 20 | | on races conducted at
the first race track or on races | 21 | | conducted at another Illinois race track
and | 22 | | simultaneously televised to the first race track or to a | 23 | | facility operated
by an inter-track wagering licensee or | 24 | | inter-track wagering location licensee
that derives its | 25 | | license from the organization licensee that operates the | 26 | | first
race track, those moneys shall be allocated as |
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| 1 | | follows:
| 2 | | (A) That portion of all moneys wagered on | 3 | | standardbred racing that is
required under this Act to | 4 | | be paid to purses shall be paid to purses for
| 5 | | standardbred races.
| 6 | | (B) That portion of all moneys wagered on | 7 | | thoroughbred racing
that is required under this Act to | 8 | | be paid to purses shall be paid to purses
for | 9 | | thoroughbred races.
| 10 | | (11) (A) After payment of the privilege or pari-mutuel | 11 | | tax, any other
applicable
taxes, and
the costs and | 12 | | expenses in connection with the gathering, transmission, | 13 | | and
dissemination of all data necessary to the conduct of | 14 | | inter-track wagering,
the remainder of the monies retained | 15 | | under either Section 26 or Section 26.2
of this Act by the | 16 | | inter-track wagering licensee on inter-track wagering
| 17 | | shall be allocated with 50% to be split between the
2 | 18 | | participating licensees and 50% to purses, except
that an | 19 | | inter-track wagering licensee that derives its
license | 20 | | from a track located in a county with a population in | 21 | | excess of 230,000
and that borders the Mississippi River | 22 | | shall not divide any remaining
retention with the Illinois | 23 | | organization licensee that provides the race or
races, and | 24 | | an inter-track wagering licensee that accepts wagers on | 25 | | races
conducted by an organization licensee that conducts | 26 | | a race meet in a county
with a population in excess of |
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| 1 | | 230,000 and that borders the Mississippi River
shall not | 2 | | divide any remaining retention with that organization | 3 | | licensee.
| 4 | | (B) From the
sums permitted to be retained pursuant to | 5 | | this Act each inter-track wagering
location licensee shall | 6 | | pay (i) the privilege or pari-mutuel tax to the
State; | 7 | | (ii) 4.75% of the
pari-mutuel handle on inter-track | 8 | | wagering at such location on
races as purses, except that
| 9 | | an inter-track wagering location licensee that derives its | 10 | | license from a
track located in a county with a population | 11 | | in excess of 230,000 and that
borders the Mississippi | 12 | | River shall retain all purse moneys for its own purse
| 13 | | account consistent with distribution set forth in this | 14 | | subsection (h), and inter-track
wagering location | 15 | | licensees that accept wagers on races
conducted
by an | 16 | | organization licensee located in a county with a | 17 | | population in excess of
230,000 and that borders the | 18 | | Mississippi River shall distribute all purse
moneys to | 19 | | purses at the operating host track; (iii) until January 1, | 20 | | 2000,
except as
provided in
subsection (g) of Section 27 | 21 | | of this Act, 1% of the
pari-mutuel handle wagered on | 22 | | inter-track wagering and simulcast wagering at
each | 23 | | inter-track wagering
location licensee facility to the | 24 | | Horse Racing Tax Allocation Fund, provided
that, to the | 25 | | extent the total amount collected and distributed to the | 26 | | Horse
Racing Tax Allocation Fund under this subsection (h) |
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| 1 | | during any calendar year
exceeds the amount collected and | 2 | | distributed to the Horse Racing Tax Allocation
Fund during | 3 | | calendar year 1994, that excess amount shall be | 4 | | redistributed (I)
to all inter-track wagering location | 5 | | licensees, based on each licensee's pro rata
share of the | 6 | | total handle from inter-track wagering and simulcast
| 7 | | wagering for all inter-track wagering location licensees | 8 | | during the calendar
year in which this provision is | 9 | | applicable; then (II) the amounts redistributed
to each | 10 | | inter-track wagering location licensee as described in | 11 | | subpart (I)
shall be further redistributed as provided in | 12 | | subparagraph (B) of paragraph (5)
of subsection (g) of | 13 | | this Section 26 provided first, that the shares of those
| 14 | | amounts, which are to be redistributed to the host track | 15 | | or to purses at the
host track under subparagraph (B) of | 16 | | paragraph (5) of subsection (g) of this
Section 26 shall | 17 | | be
redistributed based on each host track's pro rata share | 18 | | of the total
inter-track
wagering and simulcast wagering | 19 | | handle at all host tracks during the calendar
year in | 20 | | question, and second, that any amounts redistributed as | 21 | | described in
part (I) to an inter-track wagering location | 22 | | licensee that accepts
wagers on races conducted by an | 23 | | organization licensee that conducts a race meet
in a | 24 | | county with a population in excess of 230,000 and that | 25 | | borders the
Mississippi River shall be further | 26 | | redistributed, effective January 1, 2017, as provided in |
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| 1 | | paragraph (7) of subsection (g) of this Section 26, with | 2 | | the
portion of that
further redistribution allocated to | 3 | | purses at that organization licensee to be
divided between | 4 | | standardbred purses and thoroughbred purses based on the
| 5 | | amounts otherwise allocated to purses at that organization | 6 | | licensee during the
calendar year in question; and (iv) 8% | 7 | | of the pari-mutuel handle on
inter-track wagering wagered | 8 | | at
such location to satisfy all costs and expenses of | 9 | | conducting its wagering. The
remainder of the monies | 10 | | retained by the inter-track wagering location licensee
| 11 | | shall be allocated 40% to the location licensee and 60% to | 12 | | the organization
licensee which provides the Illinois | 13 | | races to the location, except that an inter-track
wagering | 14 | | location
licensee that derives its license from a track | 15 | | located in a county with a
population in excess of 230,000 | 16 | | and that borders the Mississippi River shall
not divide | 17 | | any remaining retention with the organization licensee | 18 | | that provides
the race or races and an inter-track | 19 | | wagering location licensee that accepts
wagers on races | 20 | | conducted by an organization licensee that conducts a race | 21 | | meet
in a county with a population in excess of 230,000 and | 22 | | that borders the
Mississippi River shall not divide any | 23 | | remaining retention with the
organization licensee.
| 24 | | Notwithstanding the provisions of clauses (ii) and (iv) of | 25 | | this
paragraph, in the case of the additional inter-track | 26 | | wagering location licenses
authorized under paragraph (1) |
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| 1 | | of this subsection (h) by Public Act 87-110, those | 2 | | licensees shall pay the following amounts as purses:
| 3 | | during the first 12 months the licensee is in operation, | 4 | | 5.25% of
the
pari-mutuel handle wagered at the location on | 5 | | races; during the second 12
months, 5.25%; during the | 6 | | third 12 months, 5.75%;
during
the fourth 12 months,
| 7 | | 6.25%; and during the fifth 12 months and thereafter, | 8 | | 6.75%. The
following amounts shall be retained by the | 9 | | licensee to satisfy all costs
and expenses of conducting | 10 | | its wagering: during the first 12 months the
licensee is | 11 | | in operation, 8.25% of the pari-mutuel handle wagered
at | 12 | | the
location; during the second 12 months, 8.25%; during | 13 | | the third 12
months, 7.75%;
during the fourth 12 months, | 14 | | 7.25%; and during the fifth 12 months
and
thereafter, | 15 | | 6.75%.
For additional inter-track wagering location | 16 | | licensees authorized under Public Act 89-16, purses for | 17 | | the first 12 months the licensee is in operation shall
be | 18 | | 5.75% of the pari-mutuel wagered
at the location, purses | 19 | | for the second 12 months the licensee is in operation
| 20 | | shall be 6.25%, and purses
thereafter shall be 6.75%. For | 21 | | additional inter-track location
licensees
authorized under | 22 | | Public Act 89-16, the licensee shall be allowed to retain | 23 | | to satisfy
all costs and expenses: 7.75% of the | 24 | | pari-mutuel handle wagered at
the location
during its | 25 | | first 12 months of operation, 7.25% during its second
12
| 26 | | months of
operation, and 6.75% thereafter.
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| 1 | | (C) There is hereby created the Horse Racing Tax | 2 | | Allocation Fund
which shall remain in existence until | 3 | | December 31, 1999. Moneys
remaining in the Fund after | 4 | | December 31, 1999
shall be paid into the
General Revenue | 5 | | Fund. Until January 1, 2000,
all monies paid into the | 6 | | Horse Racing Tax Allocation Fund pursuant to this
| 7 | | paragraph (11) by inter-track wagering location licensees | 8 | | located in park
districts of 500,000 population or less, | 9 | | or in a municipality that is not
included within any park | 10 | | district but is included within a conservation
district | 11 | | and is the county seat of a county that (i) is contiguous | 12 | | to the state
of Indiana and (ii) has a 1990 population of | 13 | | 88,257 according to the United
States Bureau of the | 14 | | Census, and operating on May 1, 1994 shall be
allocated by | 15 | | appropriation as follows:
| 16 | | Two-sevenths to the Department of Agriculture. | 17 | | Fifty percent of
this two-sevenths shall be used to | 18 | | promote the Illinois horse racing and
breeding | 19 | | industry, and shall be distributed by the Department | 20 | | of Agriculture
upon the advice of a 9-member committee | 21 | | appointed by the Governor consisting of
the following | 22 | | members: the Director of Agriculture, who shall serve | 23 | | as
chairman; 2 representatives of organization | 24 | | licensees conducting thoroughbred
race meetings in | 25 | | this State, recommended by those licensees; 2 | 26 | | representatives
of organization licensees conducting |
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| 1 | | standardbred race meetings in this State,
recommended | 2 | | by those licensees; a representative of the Illinois
| 3 | | Thoroughbred Breeders and Owners Foundation, | 4 | | recommended by that
Foundation; a representative of | 5 | | the Illinois Standardbred Owners and
Breeders | 6 | | Association, recommended
by that Association; a | 7 | | representative of
the Horsemen's Benevolent and | 8 | | Protective Association or any successor
organization | 9 | | thereto established in Illinois comprised of the | 10 | | largest number of
owners and trainers, recommended by | 11 | | that
Association or that successor organization; and a
| 12 | | representative of the Illinois Harness Horsemen's
| 13 | | Association, recommended by that Association. | 14 | | Committee members shall
serve for terms of 2 years, | 15 | | commencing January 1 of each even-numbered
year. If a | 16 | | representative of any of the above-named entities has | 17 | | not been
recommended by January 1 of any even-numbered | 18 | | year, the Governor shall
appoint a committee member to | 19 | | fill that position. Committee members shall
receive no | 20 | | compensation for their services as members but shall | 21 | | be
reimbursed for all actual and necessary expenses | 22 | | and disbursements incurred
in the performance of their | 23 | | official duties. The remaining 50% of this
| 24 | | two-sevenths shall be distributed to county fairs for | 25 | | premiums and
rehabilitation as set forth in the | 26 | | Agricultural Fair Act;
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| 1 | | Four-sevenths to park districts or municipalities | 2 | | that do not have a
park district of 500,000 population | 3 | | or less for museum purposes (if an
inter-track | 4 | | wagering location licensee is located in such a park | 5 | | district) or
to conservation districts for museum | 6 | | purposes (if an inter-track wagering
location licensee | 7 | | is located in a municipality that is not included | 8 | | within any
park district but is included within a | 9 | | conservation district and is the county
seat of a | 10 | | county that (i) is contiguous to the state of Indiana | 11 | | and (ii) has a
1990 population of 88,257 according to | 12 | | the United States Bureau of the Census,
except that if | 13 | | the conservation district does not maintain a museum, | 14 | | the monies
shall be allocated equally between the | 15 | | county and the municipality in which the
inter-track | 16 | | wagering location licensee is located for general | 17 | | purposes) or to a
municipal recreation board for park | 18 | | purposes (if an inter-track wagering
location licensee | 19 | | is located in a municipality that is not included | 20 | | within any
park district and park maintenance is the | 21 | | function of the municipal recreation
board and the | 22 | | municipality has a 1990 population of 9,302 according | 23 | | to the
United States Bureau of the Census); provided | 24 | | that the monies are distributed
to each park district | 25 | | or conservation district or municipality that does not
| 26 | | have a park district in an amount equal to |
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| 1 | | four-sevenths of the amount
collected by each | 2 | | inter-track wagering location licensee within the park
| 3 | | district or conservation district or municipality for | 4 | | the Fund. Monies that
were paid into the Horse Racing | 5 | | Tax Allocation Fund before August 9, 1991 (the | 6 | | effective date
of Public Act 87-110) by an inter-track | 7 | | wagering location licensee
located in a municipality | 8 | | that is not included within any park district but is
| 9 | | included within a conservation district as provided in | 10 | | this paragraph shall, as
soon as practicable after | 11 | | August 9, 1991 (the effective date of Public Act | 12 | | 87-110), be
allocated and paid to that conservation | 13 | | district as provided in this paragraph.
Any park | 14 | | district or municipality not maintaining a museum may | 15 | | deposit the
monies in the corporate fund of the park | 16 | | district or municipality where the
inter-track | 17 | | wagering location is located, to be used for general | 18 | | purposes;
and
| 19 | | One-seventh to the Agricultural Premium Fund to be | 20 | | used for distribution
to agricultural home economics | 21 | | extension councils in accordance with "An
Act in | 22 | | relation to additional support and finances for the | 23 | | Agricultural and
Home Economic Extension Councils in | 24 | | the several counties of this State and
making an | 25 | | appropriation therefor", approved July 24, 1967.
| 26 | | Until January 1, 2000, all other
monies paid into the |
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| 1 | | Horse Racing Tax
Allocation Fund pursuant to
this | 2 | | paragraph (11) shall be allocated by appropriation as | 3 | | follows:
| 4 | | Two-sevenths to the Department of Agriculture. | 5 | | Fifty percent of this
two-sevenths shall be used to | 6 | | promote the Illinois horse racing and breeding
| 7 | | industry, and shall be distributed by the Department | 8 | | of Agriculture upon the
advice of a 9-member committee | 9 | | appointed by the Governor consisting of the
following | 10 | | members: the Director of Agriculture, who shall serve | 11 | | as chairman; 2
representatives of organization | 12 | | licensees conducting thoroughbred race meetings
in | 13 | | this State, recommended by those licensees; 2 | 14 | | representatives of
organization licensees conducting | 15 | | standardbred race meetings in this State,
recommended | 16 | | by those licensees; a representative of the Illinois | 17 | | Thoroughbred
Breeders and Owners Foundation, | 18 | | recommended by that Foundation; a
representative of | 19 | | the Illinois Standardbred Owners and Breeders | 20 | | Association,
recommended by that Association; a | 21 | | representative of the Horsemen's Benevolent
and | 22 | | Protective Association or any successor organization | 23 | | thereto established
in Illinois comprised of the | 24 | | largest number of owners and trainers,
recommended by | 25 | | that Association or that successor organization; and a
| 26 | | representative of the Illinois Harness Horsemen's |
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| 1 | | Association, recommended by
that Association. | 2 | | Committee members shall serve for terms of 2 years,
| 3 | | commencing January 1 of each even-numbered year. If a | 4 | | representative of any of
the above-named entities has | 5 | | not been recommended by January 1 of any
even-numbered | 6 | | year, the Governor shall appoint a committee member to | 7 | | fill that
position. Committee members shall receive no | 8 | | compensation for their services
as members but shall | 9 | | be reimbursed for all actual and necessary expenses | 10 | | and
disbursements incurred in the performance of their | 11 | | official duties. The
remaining 50% of this | 12 | | two-sevenths shall be distributed to county fairs for
| 13 | | premiums and rehabilitation as set forth in the | 14 | | Agricultural Fair Act;
| 15 | | Four-sevenths to museums and aquariums located in | 16 | | park districts of over
500,000 population; provided | 17 | | that the monies are distributed in accordance with
the | 18 | | previous year's distribution of the maintenance tax | 19 | | for such museums and
aquariums as provided in Section | 20 | | 2 of the Park District Aquarium and Museum
Act; and
| 21 | | One-seventh to the Agricultural Premium Fund to be | 22 | | used for distribution
to agricultural home economics | 23 | | extension councils in accordance with "An Act
in | 24 | | relation to additional support and finances for the | 25 | | Agricultural and
Home Economic Extension Councils in | 26 | | the several counties of this State and
making an |
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| 1 | | appropriation therefor", approved July 24, 1967.
This | 2 | | subparagraph (C) shall be inoperative and of no force | 3 | | and effect on and
after January 1, 2000.
| 4 | | (D) Except as provided in paragraph (11) of this | 5 | | subsection (h),
with respect to purse allocation from | 6 | | inter-track wagering, the monies so
retained shall be | 7 | | divided as follows:
| 8 | | (i) If the inter-track wagering licensee, | 9 | | except an inter-track
wagering licensee that | 10 | | derives its license from an organization
licensee | 11 | | located in a county with a population in excess of | 12 | | 230,000 and bounded
by the Mississippi River, is | 13 | | not conducting its own
race meeting during the | 14 | | same dates, then the entire purse allocation shall | 15 | | be
to purses at the track where the races wagered | 16 | | on are being conducted.
| 17 | | (ii) If the inter-track wagering licensee, | 18 | | except an inter-track
wagering licensee that | 19 | | derives its license from an organization
licensee | 20 | | located in a county with a population in excess of | 21 | | 230,000 and bounded
by the Mississippi River, is | 22 | | also
conducting its own
race meeting during the | 23 | | same dates, then the purse allocation shall be as
| 24 | | follows: 50% to purses at the track where the | 25 | | races wagered on are
being conducted; 50% to | 26 | | purses at the track where the inter-track
wagering |
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| 1 | | licensee is accepting such wagers.
| 2 | | (iii) If the inter-track wagering is being | 3 | | conducted by an inter-track
wagering location | 4 | | licensee, except an inter-track wagering location | 5 | | licensee
that derives its license from an | 6 | | organization licensee located in a
county with a | 7 | | population in excess of 230,000 and bounded by the | 8 | | Mississippi
River, the entire purse allocation for | 9 | | Illinois races shall
be to purses at the track | 10 | | where the race meeting being wagered on is being
| 11 | | held.
| 12 | | (12) The Board shall have all powers necessary and | 13 | | proper to fully
supervise and control the conduct of
| 14 | | inter-track wagering and simulcast
wagering by inter-track | 15 | | wagering licensees and inter-track wagering location
| 16 | | licensees, including, but not
limited to, the following:
| 17 | | (A) The Board is vested with power to promulgate | 18 | | reasonable rules and
regulations for the purpose of | 19 | | administering the
conduct of this
wagering and to | 20 | | prescribe reasonable rules, regulations and conditions | 21 | | under
which such wagering shall be held and conducted. | 22 | | Such rules and regulations
are to provide for the | 23 | | prevention of practices detrimental to the public
| 24 | | interest and for
the best interests of said wagering | 25 | | and to impose penalties
for violations thereof.
| 26 | | (B) The Board, and any person or persons to whom it |
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| 1 | | delegates this
power, is vested with the power to | 2 | | enter the
facilities of any licensee to determine | 3 | | whether there has been
compliance with the provisions | 4 | | of this Act and the rules and regulations
relating to | 5 | | the conduct of such wagering.
| 6 | | (C) The Board, and any person or persons to whom it | 7 | | delegates this
power, may eject or exclude from any | 8 | | licensee's facilities, any person whose
conduct or | 9 | | reputation
is such that his presence on such premises | 10 | | may, in the opinion of the Board,
call into the | 11 | | question the honesty and integrity of, or interfere | 12 | | with the
orderly conduct of such wagering; provided, | 13 | | however, that no person shall
be excluded or ejected | 14 | | from such premises solely on the grounds of race,
| 15 | | color, creed, national origin, ancestry, or sex.
| 16 | | (D) (Blank).
| 17 | | (E) The Board is vested with the power to appoint | 18 | | delegates to execute
any of the powers granted to it | 19 | | under this Section for the purpose of
administering | 20 | | this wagering and any
rules and
regulations
| 21 | | promulgated in accordance with this Act.
| 22 | | (F) The Board shall name and appoint a State | 23 | | director of this wagering
who shall be a | 24 | | representative of the Board and whose
duty it shall
be | 25 | | to supervise the conduct of inter-track wagering as | 26 | | may be provided for
by the rules and regulations of the |
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| 1 | | Board; such rules and regulation shall
specify the | 2 | | method of appointment and the Director's powers, | 3 | | authority and
duties.
| 4 | | (G) The Board is vested with the power to impose | 5 | | civil penalties of up
to $5,000 against individuals | 6 | | and up to $10,000 against
licensees for each violation | 7 | | of any provision of
this Act relating to the conduct of | 8 | | this wagering, any
rules adopted
by the Board, any | 9 | | order of the Board or any other action which in the | 10 | | Board's
discretion, is a detriment or impediment to | 11 | | such wagering.
| 12 | | (13) The Department of Agriculture may enter into | 13 | | agreements with
licensees authorizing such licensees to | 14 | | conduct inter-track
wagering on races to be held at the | 15 | | licensed race meetings conducted by the
Department of | 16 | | Agriculture. Such
agreement shall specify the races of the | 17 | | Department of Agriculture's
licensed race meeting upon | 18 | | which the licensees will conduct wagering. In the
event | 19 | | that a licensee
conducts inter-track pari-mutuel wagering | 20 | | on races from the Illinois State Fair
or DuQuoin State | 21 | | Fair which are in addition to the licensee's previously
| 22 | | approved racing program, those races shall be considered a | 23 | | separate racing day
for the
purpose of determining the | 24 | | daily handle and computing the privilege or
pari-mutuel | 25 | | tax on
that daily handle as provided in Sections 27
and | 26 | | 27.1. Such
agreements shall be approved by the Board |
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| 1 | | before such wagering may be
conducted. In determining | 2 | | whether to grant approval, the Board shall give
due | 3 | | consideration to the best interests of the public and of | 4 | | horse racing.
The provisions of paragraphs (1), (8), | 5 | | (8.1), and (8.2) of
subsection (h) of this
Section which | 6 | | are not specified in this paragraph (13) shall not apply | 7 | | to
licensed race meetings conducted by the Department of | 8 | | Agriculture at the
Illinois State Fair in Sangamon County | 9 | | or the DuQuoin State Fair in Perry
County, or to any | 10 | | wagering conducted on
those race meetings. | 11 | | (14) An inter-track wagering location license | 12 | | authorized by the Board in 2016 that is owned and operated | 13 | | by a race track in Rock Island County shall be transferred | 14 | | to a commonly owned race track in Cook County on August 12, | 15 | | 2016 (the effective date of Public Act 99-757). The | 16 | | licensee shall retain its status in relation to purse | 17 | | distribution under paragraph (11) of this subsection (h) | 18 | | following the transfer to the new entity. The pari-mutuel | 19 | | tax credit under Section 32.1 shall not be applied toward | 20 | | any pari-mutuel tax obligation of the inter-track wagering | 21 | | location licensee of the license that is transferred under | 22 | | this paragraph (14).
| 23 | | (i) Notwithstanding the other provisions of this Act, the | 24 | | conduct of
wagering at wagering facilities is authorized on | 25 | | all days, except as limited by
subsection (b) of Section 19 of | 26 | | this Act.
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| 1 | | (Source: P.A. 101-31, eff. 6-28-19; 101-52, eff. 7-12-19; | 2 | | 101-81, eff. 7-12-19; 101-109, eff. 7-19-19; 102-558, eff. | 3 | | 8-20-21; revised 12-2-21.)
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