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90_HB2658
230 ILCS 5/26 from Ch. 8, par. 37-26
Amends the Illinois Horse Racing Act of 1975. Makes a
technical change in the Section concerning wagering.
LRB9009341LDdv
LRB9009341LDdv
1 AN ACT to amend the Illinois Horse Racing Act of 1975 by
2 changing Section 26.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Horse Racing Act of 1975 is
6 amended by changing Section 26 as follows:
7 (230 ILCS 5/26) (from Ch. 8, par. 37-26)
8 Sec. 26. Wagering.
9 (a) Any licensee may conduct and supervise the
10 pari-mutuel system of wagering, as defined in Section 3.12 of
11 this Act, on horse races conducted by an Illinois
12 organization licensee or conducted at a racetrack located in
13 another state or country and televised in Illinois in
14 accordance with subsection (g) of Section 26 of this Act.
15 Subject to the prior consent of the Board, licensees may
16 supplement any pari-mutuel pool in order to guarantee a
17 minimum distribution. Such pari-mutuel method of wagering
18 shall not, under any circumstances if conducted under the
19 provisions of this Act, be held or construed to be unlawful,
20 other statutes of this State to the contrary notwithstanding.
21 Subject to rules for advance wagering promulgated by the
22 Board, any licensee may accept wagers up to 2 calendar days
23 in advance of the day of the race wagered upon occurs.
24 (b) No other method of betting, pool making, wagering or
25 gambling shall be used or permitted by the licensee. Each
26 licensee may retain, subject to the payment of all applicable
27 taxes and purses, an amount not to exceed 17% of all money
28 wagered under subsection (a) of this Section, except as may
29 otherwise be permitted under this Act.
30 (b-5) An individual may place a wager under the
31 pari-mutuel system from any licensed location authorized
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1 under this Act provided that wager is electronically recorded
2 in the manner described in Section 3.12 of this Act. Any
3 wager made electronically by an individual while physically
4 on the premises of a licensee shall be deemed to have been
5 made at the premises of that licensee.
6 (c) The sum held by any licensee for payment of
7 outstanding pari-mutuel tickets, if unclaimed prior to
8 December 31 of the next year, shall be retained by the
9 licensee for payment of such tickets until that date. Within
10 10 days thereafter, the balance of such sum remaining
11 unclaimed, less any uncashed supplements contributed by such
12 licensee for the purpose of guaranteeing minimum
13 distributions of any pari-mutuel pool, shall be paid to the
14 Illinois Veterans' Rehabilitation Fund of the State treasury,
15 except as provided in subsection (g) of Section 27 of this
16 Act.
17 (d) A pari-mutuel ticket shall be honored until December
18 31 of the next calendar year, and the licensee shall pay the
19 same and may charge the amount thereof against unpaid money
20 similarly accumulated on account of pari-mutuel tickets not
21 presented for payment.
22 (e) No licensee shall knowingly permit any minor, other
23 than an employee of such licensee or an owner, trainer,
24 jockey, driver, or employee thereof, to be admitted during a
25 racing program unless accompanied by a parent or guardian, or
26 any minor to be a patron of the pari-mutuel system of
27 wagering conducted or supervised by it. The admission of any
28 unaccompanied minor, other than an employee of the licensee
29 or an owner, trainer, jockey, driver, or employee thereof at
30 a race track is a Class C misdemeanor.
31 (f) Notwithstanding the other provisions of this Act, an
32 organization licensee may, contract with an entity in another
33 state or country to permit any legal wagering entity in
34 another state or country to accept wagers solely within such
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1 other state or country on races conducted by the organization
2 licensee in this State. When the out-of-State entity
3 conducts a pari-mutuel pool separate from the organization
4 licensee, a privilege tax equal to 7 1/2% of all monies
5 received by the organization licensee from entities in other
6 states or countries pursuant to such contracts is imposed on
7 the organization licensee, and such privilege tax shall be
8 remitted to the Department of Revenue within 48 hours of
9 receipt of the moneys from the simulcast. When the
10 out-of-State entity conducts a combined pari-mutuel pool with
11 the organization licensee, the tax shall be 10% of all monies
12 received by the organization licensee with 25% of the
13 receipts from this 10% tax to be distributed to the county in
14 which the race was conducted.
15 An organization licensee may permit one or more of its
16 races to be utilized for pari-mutuel wagering at one or more
17 locations in other states and may transmit audio and visual
18 signals of races the organization licensee conducts to one or
19 more locations outside the State or country and may also
20 permit pari-mutuel pools in other states or countries to be
21 combined with its gross or net wagering pools or with
22 wagering pools established by other states.
23 (g) A host track may accept interstate simulcast wagers
24 on horse races conducted in other states or countries and
25 shall control the number of signals and types of breeds of
26 racing in its simulcast program, subject to the disapproval
27 of the Board. The Board may prohibit a simulcast program
28 only if it finds that the simulcast program is clearly
29 adverse to the integrity of racing. The host track simulcast
30 program shall include the signal of live racing of all
31 organization licensees. All non-host licensees shall carry
32 the host track simulcast program and accept wagers on all
33 races included as part of the simulcast program upon which
34 wagering is permitted. The costs and expenses of the host
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1 track and non-host licensees associated with interstate
2 simulcast wagering, other than the interstate commission fee,
3 shall be borne by the host track and all non-host licensees
4 incurring these costs. The interstate commission fee shall
5 not exceed 5% of Illinois handle on the interstate simulcast
6 race or races without prior approval of the Board. The Board
7 shall promulgate rules under which it may permit interstate
8 commission fees in excess of 5%. The interstate commission
9 fee shall be uniformly applied to the host track and all
10 non-host licensees.
11 (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
12 intertrack wagering licensee other than the host track
13 may supplement the host track simulcast program with
14 additional simulcast races or race programs, provided
15 that between January 1 and the third Friday in February
16 of any year, inclusive, if no live thoroughbred racing is
17 occurring in Illinois during this period, only
18 thoroughbred races may be used for supplemental
19 interstate simulcast purposes. The Board shall withhold
20 approval for a supplemental interstate simulcast only if
21 it finds that the simulcast is clearly adverse to the
22 integrity of racing. A supplemental interstate simulcast
23 may be transmitted from an intertrack wagering licensee
24 to its affiliated non-host licensees. The interstate
25 commission fee for a supplemental interstate simulcast
26 shall be paid by the non-host licensee and its affiliated
27 non-host licensees receiving the simulcast.
28 (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
29 intertrack wagering licensee other than the host track
30 may receive supplemental interstate simulcasts only with
31 the consent of the host track, except when the Board
32 finds that the simulcast is clearly adverse to the
33 integrity of racing. Consent granted under this
34 paragraph (2) to any intertrack wagering licensee shall
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1 be deemed consent to all non-host licensees. The
2 interstate commission fee for the supplemental interstate
3 simulcast shall be paid by all participating non-host
4 licensees.
5 (3) Each licensee conducting interstate simulcast
6 wagering may retain, subject to the payment of all
7 applicable taxes and the purses, an amount not to exceed
8 17% of all money wagered. If any licensee conducts the
9 pari-mutuel system wagering on races conducted at
10 racetracks in another state or country, each such race or
11 race program shall be considered a separate racing day
12 for the purpose of determining the daily handle and
13 computing the privilege tax of that daily handle as
14 provided in subsection (a) of Section 27. From the sums
15 permitted to be retained pursuant to this subsection,
16 each intertrack wagering location licensee shall pay 1%
17 of the pari-mutuel handle wagered on simulcast wagering
18 to the Horse Racing Tax Allocation Fund, subject to the
19 provisions of subparagraph (B) of paragraph (11) of
20 subsection (h) of Section 26 of this Act.
21 (4) A licensee who receives an interstate simulcast
22 may combine its gross or net pools with pools at the
23 sending racetracks pursuant to rules established by the
24 Board. All licensees combining their gross or net pools
25 with pools at a sending racetrack shall adopt the
26 take-out percentages of the sending racetrack.
27 (5) After the payment of the interstate commission
28 fee (except for the interstate commission fee on a
29 supplemental interstate simulcast, which shall be paid by
30 the host track and by each non-host licensee through the
31 host-track) and all applicable State and local taxes,
32 except as provided in subsection (g) of Section 27 of
33 this Act, the remainder of moneys retained from simulcast
34 wagering pursuant to this subsection (g), and Section
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1 26.2 shall be divided as follows:
2 (A) For interstate simulcast wagers made at a
3 host track, 50% to the host track and 50% to purses
4 at the host track.
5 (B) For interstate simulcast wagers made at a
6 non-host licensee other than as provided in
7 subparagraph (C) of paragraph (5) of this subsection
8 (g) and paragraph (11) of this subsection (g), 25%
9 to the host track, 25% to the non-host licensee, and
10 50% to the purses at the host track.
11 (C) For interstate simulcast wagers made on a
12 supplemental interstate simulcast, 25% to the host
13 track, 25% to the non-host licensee from which the
14 interstate commission fee shall be paid, and 50% to
15 the purses at the host track.
16 (D) For interstate simulcast wagers on a
17 standardbred race or races made at a host track
18 between the hours of 6:30 a.m. and 6:30 p.m. between
19 January 1 and the third Friday in February,
20 inclusive, if no live thoroughbred racing is
21 occurring in Illinois during this period, 50% to the
22 host track and 50% to standardbred purses at the
23 host track.
24 (E) For interstate simulcast wagers on a
25 standardbred race or races made at a non-host
26 licensee between the hours of 6:30 a.m. and 6:30
27 p.m. between January 1 and the third Friday in
28 February, inclusive, if no live thoroughbred racing
29 is occurring in Illinois during this period, 25% to
30 the host track, 25% to the non-host licensee, and
31 50% to standardbred purses at the host track.
32 (F) For interstate simulcast wagers on a
33 thoroughbred race or races at a host track between
34 the hours of 6:30 a.m. and 6:30 p.m. between January
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1 1 and the third Friday in February, inclusive, if no
2 live thoroughbred racing is occurring in Illinois
3 during this period, 50% to the host track and 50% to
4 the host track's interstate simulcast purse pool to
5 be distributed under paragraph (9) of this
6 subsection (g).
7 (G) For interstate simulcast wagers on a
8 thoroughbred race or races at a non-host licensee
9 between the hours of 6:30 a.m. and 6:30 p.m. between
10 January 1 and the third Friday in February,
11 inclusive, if no live thoroughbred racing is
12 occurring in Illinois during this period, 25% to the
13 host track, 25% to the non-host licensee, and 50% to
14 the host track's interstate simulcast purse pool to
15 be distributed under paragraph (9) of this
16 subsection (g).
17 (H) For supplemental interstate simulcast
18 wagers on a thoroughbred race or races at a non-host
19 licensee between the hours of 6:30 a.m. and 6:30
20 p.m. between January 1 and the third Friday in
21 February, inclusive, if no live thoroughbred racing
22 is occurring in Illinois during this period, 50% to
23 the non-host licensee and 50% to thoroughbred purses
24 at the track from which the non-host licensee
25 derives its license.
26 (I) For interstate simulcast wagers at a host
27 track and non-host licensees between the hours of
28 6:30 p.m. and 6:30 a.m. between January 1 and the
29 third Friday in February, inclusive, if no live
30 thoroughbred racing is occurring in Illinois during
31 this period, as set forth in subparagraphs (A), (B),
32 and (C) of this paragraph (5) and paragraph (8.1) of
33 subsection (g).
34 (J) For interstate simulcast wagers at a host
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1 track and non-host licensees on thoroughbred and
2 standardbred races between January 1 and the third
3 Friday in February, inclusive, if thoroughbred
4 horses are racing in Illinois during this period, as
5 set forth in subparagraphs (A), (B), and (C) of this
6 paragraph (5).
7 (6) Notwithstanding any provision in this Act to
8 the contrary, non-host licensees who derive their
9 licenses from a track located in a county with a
10 population in excess of 230,000 and that borders the
11 Mississippi River may receive supplemental interstate
12 simulcast races at all times subject to Board approval,
13 which shall be withheld only upon a finding that a
14 supplemental interstate simulcast is clearly adverse to
15 the integrity of racing.
16 (7) Notwithstanding any provision of this Act to
17 the contrary, after payment of all applicable State and
18 local taxes and interstate commission fees, non-host
19 licensees who derive their licenses from a track located
20 in a county with a population in excess of 230,000 and
21 that borders the Mississippi River shall retain 50% of
22 the retention from interstate simulcast wagers and shall
23 pay 50% to purses at the track from which the non-host
24 licensee derives its license as follows:
25 (A) Between January 1 and the third Friday in
26 February, inclusive, if no live thoroughbred racing
27 is occurring in Illinois during this period, when
28 the interstate simulcast is a standardbred race, the
29 purse share to its standardbred purse account;
30 (B) Between January 1 and the third Friday in
31 February, inclusive, if no live thoroughbred racing
32 is occurring in Illinois during this period, and the
33 interstate simulcast is a thoroughbred race, the
34 purse share to its interstate simulcast purse pool
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1 to be distributed under paragraph (10) of this
2 subsection (g);
3 (C) Between January 1 and the third Friday in
4 February, inclusive, if live thoroughbred racing is
5 occurring in Illinois, between 6:30 a.m. and 6:30
6 p.m. the purse share from wagers made during this
7 time period to its thoroughbred purse account and
8 between 6:30 p.m. and 6:30 a.m. the purse share from
9 wagers made during this time period to its
10 standardbred purse accounts;
11 (D) Between the third Saturday in February and
12 December 31, when the interstate simulcast occurs
13 between the hours of 6:30 a.m. and 6:30 p.m., the
14 purse share to its thoroughbred purse account;
15 (E) Between the third Saturday in February and
16 December 31, when the interstate simulcast occurs
17 between the hours of 6:30 p.m. and 6:30 a.m., the
18 purse share to its standardbred purse account.
19 (8) Notwithstanding any provision in this Act to
20 the contrary, an organization licensee from a track
21 located in a county with a population in excess of
22 230,000 and that borders the Mississippi River and its
23 affiliated non-host licensees shall not be entitled to
24 share in any retention generated on racing, inter-track
25 wagering, or simulcast wagering at any other Illinois
26 track.
27 (8.1) Notwithstanding any provisions in this Act to
28 the contrary, if 2 organization licensees are conducting
29 standardbred race meetings concurrently between the hours
30 of 6:30 p.m. and 6:30 a.m., after payment of all
31 applicable State and local taxes and interstate
32 commission fees, the remainder of the amount retained
33 from simulcast wagering otherwise attributable to the
34 host track and to host track purses shall be split daily
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1 between the 2 organization licensees and the purses at
2 the tracks of the 2 organization licensees, respectively,
3 based on each organization licensee's share of the total
4 live handle for that day, provided that this provision
5 shall not apply to any non-host licensee that derives its
6 license from a track located in a county with a
7 population in excess of 230,000 and that borders the
8 Mississippi River.
9 (9) The amount paid to an interstate simulcast
10 purse pool under subparagraphs (F) and (G) of paragraph
11 (5) of this subsection (g) shall be distributed as
12 follows:
13 (A) First to supplement the standardbred purse
14 account of the host track such that purses earned
15 for a single standardbred race program between the
16 hours of 6:30 a.m. and 6:30 p.m. of the host track
17 between January 1 and the third Friday in February,
18 if no live thoroughbred racing is occurring in
19 Illinois during this period, equals $75,000. For
20 any race program during this period where the number
21 of live races is less than 9, the guarantee of
22 purses for that program shall be reduced by $8,333
23 for each race fewer than 9;
24 (B) Any amount remaining in the simulcast
25 purse pool after the payments required in
26 subparagraph (A) of this paragraph (9) shall be
27 distributed 50% to the standardbred purse account at
28 the host track and 50% to thoroughbred purse
29 accounts, excluding purse accounts at tracks located
30 in a county with a population in excess of 230,000
31 and that borders the Mississippi River. The
32 thoroughbred purse share shall be distributed to
33 thoroughbred tracks on a pro rata basis based on
34 each track's 1994 Illinois on-track handle on live
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1 thoroughbred races relative to total 1994 Illinois
2 on-track handle on live thoroughbred races,
3 excluding handle on live thoroughbred races at a
4 track located in a county with a population in
5 excess of 230,000 and that borders the Mississippi
6 River;
7 (10) The amount paid to the interstate simulcast
8 purse pool under subparagraph (B) of paragraph (7) of
9 this subsection (g) shall be distributed as follows:
10 (A) First, to supplement the standardbred
11 purse account such that the purses earned for each
12 standardbred race program between January 1 and the
13 third Friday in February, if no live thoroughbred
14 racing is occurring in Illinois during this period,
15 equals $24,000. For any program during this period
16 where the number of live races is less than 9, the
17 $24,000 purse guarantee shall be reduced by $2,666
18 per race.
19 (B) Any amount remaining in the simulcast
20 purse pool after the payment required in
21 subparagraph (A) of this paragraph (10) shall be
22 distributed 50% to standardbred purses and 50% to
23 thoroughbred purses at the race track specified in
24 paragraph (7) of this subsection (g).
25 (11) Notwithstanding any provision in this Act to
26 the contrary, subsequent to the effective date of this
27 amendatory Act of 1995 and prior to December 31, 1995, a
28 non-host licensee that conducts live standardbred racing
29 between the hours of 6:30 a.m. and 6:30 p.m. on Tuesdays
30 at a track located in a county with a population of less
31 than 1,000,000 and that is contiguous to the State of
32 Indiana may retain for its own account and its purse
33 account for standardbred racing between the hours of 6:30
34 a.m. and 6:30 p.m. on Tuesdays:
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1 (A) All commissions and all purse monies
2 generated at the non-host licensee's race track from
3 simulcast wagering during its live program between
4 6:30 a.m. and 6:30 p.m. on each Tuesday, which would
5 otherwise be allocated to the host track and purses
6 at the host track and purses as provided in
7 subparagraph (B) of paragraph (5) of this subsection
8 (g); and
9 (B) To the extent the amounts described in
10 subparagraph (A) of paragraph (11) of this
11 subsection (g) are insufficient to equal the average
12 amount of commissions and the average amount of
13 purses earned on standardbred racing at the non-host
14 licensee's track between 6:30 a.m. and 6:30 p.m. on
15 Tuesdays during the 1994 calendar year as determined
16 by the Board, during the days the non-host
17 licensee's track conducts standardbred racing
18 between 6:30 a.m. and 6:30 p.m. on each Tuesday from
19 July 1, 1995, to December 31, 1995, all inter-track
20 wagering location licensees, except inter-track
21 wagering location licensees affiliated with a track
22 location in a county with a population of 230,000
23 and that borders the Mississippi River shall
24 allocate from amounts retained from simulcast
25 wagering between 6:30 a.m. and 6:30 p.m. on each
26 Tuesday from July 1, 1995, to December 31, 1995
27 which would otherwise be allocated to the host track
28 and purses at the host track, as provided in
29 subparagraph (B) of paragraph (5) of this subsection
30 (g), to the non-host track and purses at the
31 non-host licensee, on a pro rata basis, based on
32 each inter-track wagering location licensee's share
33 of the total handle on simulcast wagering at the
34 facilities of all inter-track wagering location
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1 licensees, excluding those intertrack wagering
2 location licensees affiliated with a track located
3 in a county with a population of 230,000 and that
4 borders the Mississippi River for that Tuesday, so
5 that the non-host licensee's commissions and purses
6 earned for standardbred racing between 6:30 a.m. and
7 6:30 p.m. on the given Tuesday in 1995 equals the
8 average amount of commissions and purses earned on
9 standardbred racing at the non-host licensee's track
10 between 6:30 a.m. and 6:30 p.m. on Tuesdays during
11 the 1994 calendar year as determined by the Board.
12 Within 72 hours after the non-host licensee holds
13 standardbred races between 6:30 a.m. and 6:30 p.m.
14 in calendar year 1995 on a Tuesday and after
15 enactment of this amendatory Act of 1995, the Board
16 shall notify each inter-track wagering location
17 licensee of the amount from its simulcast wagering
18 between 6:30 a.m. and 6:30 p.m. on each Tuesday in
19 1995 to be allocated to the non-host licensee and
20 purses for standardbred racing at the non-host
21 licensee for that Tuesday.
22 (12) The Board shall have authority to compel all
23 host tracks to receive the simulcast of any or all races
24 conducted at the Springfield or DuQuoin State fairgrounds
25 and include all such races as part of their simulcast
26 programs.
27 (13) Notwithstanding any other provision of this
28 Act, in the event that the total Illinois pari-mutuel
29 handle on Illinois horse races at all wagering facilities
30 in any calendar year is less than 75% of the total
31 Illinois pari-mutuel handle on Illinois horse races at
32 all such wagering facilities for calendar year 1994, then
33 each wagering facility that has an annual total Illinois
34 pari-mutuel handle on Illinois horse races that is less
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1 than 75% of the total Illinois pari-mutuel handle on
2 Illinois horse races at such wagering facility for
3 calendar year 1994, shall be permitted to receive, from
4 any amount otherwise payable to the purse account at the
5 race track with which the wagering facility is affiliated
6 in the succeeding calendar year, an amount equal to 2% of
7 the differential in total Illinois pari-mutuel handle on
8 Illinois horse races at the wagering facility between
9 that calendar year in question and 1994 provided,
10 however, that a wagering facility shall not be entitled
11 to any such payment until the Board certifies in writing
12 to the wagering facility the amount to which the wagering
13 facility is entitled and a schedule for payment of the
14 amount to the wagering facility, based on: (i) the racing
15 dates awarded to the race track affiliated with the
16 wagering facility during the succeeding year; (ii) the
17 sums available or anticipated to be available in the
18 purse account of the race track affiliated with the
19 wagering facility for purses during the succeeding year;
20 and (iii) the need to ensure reasonable purse levels
21 during the payment period. The Board's certification
22 shall be provided no later than January 31 of the
23 succeeding year. In the event a wagering facility
24 entitled to a payment under this paragraph (13) is
25 affiliated with a race track that maintains purse
26 accounts for both standardbred and thoroughbred racing,
27 the amount to be paid to the wagering facility shall be
28 divided between each purse account pro rata, based on the
29 amount of Illinois handle on Illinois standardbred and
30 thoroughbred racing respectively at the wagering facility
31 during the previous calendar year.
32 (h) The Board may approve and license the conduct of
33 inter-track wagering and simulcast wagering by inter-track
34 wagering licensees and inter-track wagering location
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1 licensees subject to the following terms and conditions:
2 (1) Any person licensed to conduct a race meeting
3 at a track where 60 or more days of racing were conducted
4 during the immediately preceding calendar year or where
5 over the 5 immediately preceding calendar years an
6 average of 30 or more days of racing were conducted
7 annually or at a track located in a county that is
8 bounded by the Mississippi River, which has a population
9 of less than 150,000 according to the 1990 decennial
10 census, and an average of at least 60 days of racing per
11 year between 1985 and 1993 may be issued an inter-track
12 wagering license. Any such person having operating
13 control of the racing facility may also receive up to 6
14 inter-track wagering location licenses. In no event shall
15 more than 6 inter-track wagering locations be established
16 for each eligible race track, except that an eligible
17 race track located in a county that has a population of
18 more than 230,000 and that is bounded by the Mississippi
19 River may establish up to 7 inter-track wagering
20 locations. An application for said license shall be filed
21 with the Board prior to such dates as may be fixed by the
22 Board. With an application for an inter-track wagering
23 location license there shall be delivered to the Board a
24 certified check or bank draft payable to the order of the
25 Board for an amount equal to $500. The application shall
26 be on forms prescribed and furnished by the Board. The
27 application shall comply with all other rules,
28 regulations and conditions imposed by the Board in
29 connection therewith.
30 (2) The Board shall examine the applications with
31 respect to their conformity with this Act and the rules
32 and regulations imposed by the Board. If found to be in
33 compliance with the Act and rules and regulations of the
34 Board, the Board may then issue a license to conduct
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1 inter-track wagering and simulcast wagering to such
2 applicant. All such applications shall be acted upon by
3 the Board at a meeting to be held on such date as may be
4 fixed by the Board.
5 (3) In granting licenses to conduct inter-track
6 wagering and simulcast wagering, the Board shall give due
7 consideration to the best interests of the public, of
8 horse racing, and of maximizing revenue to the State.
9 (4) Prior to the issuance of a license to conduct
10 inter-track wagering and simulcast wagering, the
11 applicant shall file with the Board a bond payable to the
12 State of Illinois in the sum of $50,000, executed by the
13 applicant and a surety company or companies authorized to
14 do business in this State, and conditioned upon (i) the
15 payment by the licensee of all taxes due under Section 27
16 or 27.1 and any other monies due and payable under this
17 Act, and (ii) distribution by the licensee, upon
18 presentation of the winning ticket or tickets, of all
19 sums payable to the patrons of pari-mutuel pools.
20 (5) Each license to conduct inter-track wagering
21 and simulcast wagering shall specify the person to whom
22 it is issued, the dates on which such wagering is
23 permitted, and the track or location where the wagering
24 is to be conducted.
25 (6) All wagering under such license is subject to
26 this Act and to the rules and regulations from time to
27 time prescribed by the Board, and every such license
28 issued by the Board shall contain a recital to that
29 effect.
30 (7) An inter-track wagering licensee or inter-track
31 wagering location licensee may accept wagers at the track
32 or location where it is licensed, or as otherwise
33 provided under this Act.
34 (8) Inter-track wagering or simulcast wagering
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1 shall not be conducted at any track less than 5 miles
2 from a track at which a racing meeting is in progress.
3 (8.1) Inter-track wagering location licensees who
4 derive their licenses from a particular organization
5 licensee shall conduct inter-track wagering and simulcast
6 wagering only at locations which are either within 90
7 miles of that race track where the particular
8 organization licensee is licensed to conduct racing, or
9 within 135 miles of that race track where the particular
10 organization licensee is licensed to conduct racing in
11 the case of race tracks in counties of less than 400,000
12 that were operating on or before June 1, 1986. However,
13 inter-track wagering and simulcast wagering shall not be
14 conducted by those licensees at any location within 5
15 miles of any race track at which a horse race meeting has
16 been licensed in the current year, unless the person
17 having operating control of such race track has given its
18 written consent to such inter-track wagering location
19 licensees, which consent must be filed with the Board at
20 or prior to the time application is made.
21 (8.2) Inter-track wagering or simulcast wagering
22 shall not be conducted by an inter-track wagering
23 location licensee at any location within 500 feet of an
24 existing church or existing school, nor within 500 feet
25 of the residences of more than 50 registered voters
26 without receiving written permission from a majority of
27 the registered voters at such residences. Such written
28 permission statements shall be filed with the Board. The
29 distance of 500 feet shall be measured to the nearest
30 part of any building used for worship services, education
31 programs, residential purposes, or conducting inter-track
32 wagering by an inter-track wagering location licensee,
33 and not to property boundaries. However, inter-track
34 wagering or simulcast wagering may be conducted at a site
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1 within 500 feet of a church, school or residences of 50
2 or more registered voters if such church, school or
3 residences have been erected or established, or such
4 voters have been registered, after the Board issues the
5 original inter-track wagering location license at the
6 site in question. Inter-track wagering location licensees
7 may conduct inter-track wagering and simulcast wagering
8 only in areas that are zoned for commercial or
9 manufacturing purposes or in areas for which a special
10 use has been approved by the local zoning authority.
11 However, no license to conduct inter-track wagering and
12 simulcast wagering shall be granted by the Board with
13 respect to any inter-track wagering location within the
14 jurisdiction of any local zoning authority which has, by
15 ordinance or by resolution, prohibited the establishment
16 of an inter-track wagering location within its
17 jurisdiction. However, inter-track wagering and
18 simulcast wagering may be conducted at a site if such
19 ordinance or resolution is enacted after the Board
20 licenses the original inter-track wagering location
21 licensee for the site in question.
22 (9) (Blank).
23 (10) An inter-track wagering licensee or an
24 inter-track wagering location licensee may retain,
25 subject to the payment of the privilege taxes and the
26 purses, an amount not to exceed 17% of all money wagered.
27 Each program of racing conducted by each inter-track
28 wagering licensee or inter-track wagering location
29 licensee shall be considered a separate racing day for
30 the purpose of determining the daily handle and computing
31 the privilege tax on such daily handle as provided in
32 Section 27.1.
33 (10.1) Except as provided in subsection (g) of
34 Section 27 of this Act, inter-track wagering location
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1 licensees shall pay 1% of the pari-mutuel handle at each
2 location to the municipality in which such location is
3 situated and 1% of the pari-mutuel handle at each
4 location to the county in which such location is
5 situated. In the event that an inter-track wagering
6 location licensee is situated in an unincorporated area
7 of a county, such licensee shall pay 2% of the
8 pari-mutuel handle from such location to such county.
9 (10.2) Notwithstanding any other provision of this
10 Act, with respect to intertrack wagering at a race track
11 located in a county that has a population of more than
12 230,000 and that is bounded by the Mississippi River
13 ("the first race track"), or at a facility operated by an
14 inter-track wagering licensee or inter-track wagering
15 location licensee that derives its license from the
16 organization licensee that operates the first race track,
17 on races conducted at the first race track or on races
18 conducted at another Illinois race track and
19 simultaneously televised to the first race track or to a
20 facility operated by an inter-track wagering licensee or
21 inter-track wagering location licensee that derives its
22 license from the organization licensee that operates the
23 first race track, those moneys shall be allocated as
24 follows:
25 (A) That portion of all moneys wagered on
26 standardbred racing that is required under this Act
27 to be paid to purses shall be paid to purses for
28 standardbred races.
29 (B) That portion of all moneys wagered on
30 thoroughbred racing that is required under this Act
31 to be paid to purses shall be paid to purses for
32 thoroughbred races.
33 (11) (A) After payment of the privilege tax, any
34 other applicable taxes, and the costs and expenses in
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1 connection with the gathering, transmission, and
2 dissemination of all data necessary to the conduct of
3 inter-track wagering, the remainder of the monies
4 retained under either Section 26 or Section 26.2 of this
5 Act by the inter-track wagering licensee on inter-track
6 wagering shall be allocated with 50% to be split between
7 the 2 participating licensees and 50% to purses, except
8 that an intertrack wagering licensee that derives its
9 license from a track located in a county with a
10 population in excess of 230,000 and that borders the
11 Mississippi River shall not divide any remaining
12 retention with the Illinois organization licensee that
13 provides the race or races, and an intertrack wagering
14 licensee that accepts wagers on races conducted by an
15 organization licensee that conducts a race meet in a
16 county with a population in excess of 230,000 and that
17 borders the Mississippi River shall not divide any
18 remaining retention with that organization licensee.
19 (B) From the sums permitted to be retained pursuant
20 to this Act each inter-track wagering location licensee
21 shall pay (i) the privilege tax to the State; (ii) 4% of
22 the pari-mutuel handle on intertrack wagering at such
23 location on races as purses, except that an intertrack
24 wagering location licensee that derives its license from
25 a track located in a county with a population in excess
26 of 230,000 and that borders the Mississippi River shall
27 retain all purse moneys for its own purse account
28 consistent with distribution set forth in this subsection
29 (h), and intertrack wagering location licensees that
30 accept wagers on races conducted by an organization
31 licensee located in a county with a population in excess
32 of 230,000 and that borders the Mississippi River shall
33 distribute all purse moneys to purses at the operating
34 host track; (iii) except as provided in subsection (g) of
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1 Section 27 of this Act, 1% of the pari-mutuel handle
2 wagered on inter-track wagering and simulcast wagering at
3 each inter-track wagering location licensee facility to
4 the Horse Racing Tax Allocation Fund, provided that, to
5 the extent the total amount collected and distributed to
6 the Horse Racing Tax Allocation Fund under this
7 subsection (h) during any calendar year exceeds the
8 amount collected and distributed to the Horse Racing Tax
9 Allocation Fund during calendar year 1994, that excess
10 amount shall be redistributed (I) to all inter-track
11 wagering location licensees, based on each licensee's
12 pro-rata share of the total handle from inter-track
13 wagering and simulcast wagering for all inter-track
14 wagering location licensees during the calendar year in
15 which this provision is applicable; then (II) the amounts
16 redistributed to each inter-track wagering location
17 licensee as described in subpart (I) shall be further
18 redistributed as provided in subparagraph (B) of
19 paragraph (5) of subsection (g) of this Section 26
20 provided first, that the shares of those amounts, which
21 are to be redistributed to the host track or to purses at
22 the host track under subparagraph (B) of paragraph (5) of
23 subsection (g) of this Section 26 shall be redistributed
24 based on each host track's pro rata share of the total
25 inter-track wagering and simulcast wagering handle at all
26 host tracks during the calendar year in question, and
27 second, that any amounts redistributed as described in
28 part (I) to an inter-track wagering location licensee
29 that accepts wagers on races conducted by an organization
30 licensee that conducts a race meet in a county with a
31 population in excess of 230,000 and that borders the
32 Mississippi River shall be further redistributed as
33 provided in subparagraphs (D) and (E) of paragraph (7) of
34 subsection (g) of this Section 26, with the portion of
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1 that further redistribution allocated to purses at that
2 organization licensee to be divided between standardbred
3 purses and thoroughbred purses based on the amounts
4 otherwise allocated to purses at that organization
5 licensee during the calendar year in question; and (iv)
6 8% of the pari-mutuel handle on inter-track wagering
7 wagered at such location to satisfy all costs and
8 expenses of conducting its wagering. The remainder of the
9 monies retained by the inter-track wagering location
10 licensee shall be allocated 40% to the location licensee
11 and 60% to the organization licensee which provides the
12 Illinois races to the location, except that an intertrack
13 wagering location licensee that derives its license from
14 a track located in a county with a population in excess
15 of 230,000 and that borders the Mississippi River shall
16 not divide any remaining retention with the organization
17 licensee that provides the race or races and an
18 intertrack wagering location licensee that accepts wagers
19 on races conducted by an organization licensee that
20 conducts a race meet 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
23 organization licensee. Notwithstanding the provisions of
24 clauses (ii) and (iv) of this paragraph, in the case of
25 the additional inter-track wagering location licenses
26 authorized under paragraph (1) of this subsection (h) by
27 this amendatory Act of 1991, those licensees shall pay
28 the following amounts as purses: during the first 12
29 months the licensee is in operation, 4.5% of the
30 pari-mutuel handle wagered at the location on races;
31 during the second 12 months, 4.5%; during the third 12
32 months, 5%; during the fourth 12 months, 5.5%; and during
33 the fifth 12 months and thereafter, 6%. The following
34 amounts shall be retained by the licensee to satisfy all
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1 costs and expenses of conducting its wagering: during the
2 first 12 months the licensee is in operation, 7.5% of the
3 pari-mutuel handle wagered at the location; during the
4 second 12 months, 7.5%; during the third 12 months, 7%;
5 during the fourth 12 months, 6.5%; and during the fifth
6 12 months and thereafter, 6%. For additional intertrack
7 wagering location licensees authorized under this
8 amendatory Act of 1995, purses for the first 12 months
9 the licensee is in operation shall be 5% of the
10 pari-mutuel wagered at the location, purses for the
11 second 12 months the licensee is in operation shall be 5
12 1/2%, and purses thereafter shall be 6%. For additional
13 intertrack location licensees authorized under this
14 amendatory Act of 1995, the licensee shall be allowed to
15 retain to satisfy all costs and expenses: 7% of the
16 pari-mutuel handle wagered at the location during its
17 first 12 months of operation, 6.5% during its second 12
18 months of operation, and 6% thereafter.
19 (C) There is hereby created the Horse Racing Tax
20 Allocation Fund.
21 All monies paid into the Horse Racing Tax Allocation
22 Fund pursuant to this paragraph (11) by inter-track
23 wagering location licensees located in park districts of
24 500,000 population or less, or in a municipality that is
25 not included within any park district but is included
26 within a conservation district and is the county seat of
27 a county that (i) is contiguous to the state of Indiana
28 and (ii) has a 1990 population of 88,257 according to the
29 United States Bureau of the Census, and operating on May
30 1, 1994 shall be allocated by appropriation as follows:
31 Two-sevenths to the Department of Agriculture.
32 Fifty percent of this two-sevenths shall be used to
33 promote the Illinois horse racing and breeding
34 industry, and shall be distributed by the Department
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1 of Agriculture upon the advice of a 9-member
2 committee appointed by the Governor consisting of
3 the following members: the Director of Agriculture,
4 who shall serve as chairman; 2 representatives of
5 organization licensees conducting thoroughbred race
6 meetings in this State, recommended by those
7 licensees; 2 representatives of organization
8 licensees conducting standardbred race meetings in
9 this State, recommended by those licensees; a
10 representative of the Illinois Thoroughbred Breeders
11 and Owners Foundation, recommended by that
12 Foundation; a representative of the Illinois
13 Standardbred Owners and Breeders Association,
14 recommended by that Association; a representative of
15 the Horsemen's Benevolent and Protective Association
16 or any successor organization thereto established in
17 Illinois comprised of the largest number of owners
18 and trainers, recommended by that Association or
19 that successor organization; and a representative of
20 the Illinois Harness Horsemen's Association,
21 recommended by that Association. Committee members
22 shall serve for terms of 2 years, commencing January
23 1 of each even-numbered year. If a representative
24 of any of the above-named entities has not been
25 recommended by January 1 of any even-numbered year,
26 the Governor shall appoint a committee member to
27 fill that position. Committee members shall receive
28 no compensation for their services as members but
29 shall be reimbursed for all actual and necessary
30 expenses and disbursements incurred in the
31 performance of their official duties. The remaining
32 50% of this two-sevenths shall be distributed to
33 county fairs for premiums and rehabilitation as set
34 forth in the Agricultural Fair Act;
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1 Four-sevenths to park districts or
2 municipalities that do not have a park district of
3 500,000 population or less for museum purposes (if
4 an inter-track wagering location licensee is located
5 in such a park district) or to conservation
6 districts for museum purposes (if an inter-track
7 wagering location licensee is located in a
8 municipality that is not included within any park
9 district but is included within a conservation
10 district and is the county seat of a county that (i)
11 is contiguous to the state of Indiana and (ii) has a
12 1990 population of 88,257 according to the United
13 States Bureau of the Census, except that if the
14 conservation district does not maintain a museum,
15 the monies shall be allocated equally between the
16 county and the municipality in which the inter-track
17 wagering location licensee is located for general
18 purposes) or to a municipal recreation board for
19 park purposes (if an inter-track wagering location
20 licensee is located in a municipality that is not
21 included within any park district and park
22 maintenance is the function of the municipal
23 recreation board and the municipality has a 1990
24 population of 9,302 according to the United States
25 Bureau of the Census); provided that the monies are
26 distributed to each park district or conservation
27 district or municipality that does not have a park
28 district in an amount equal to four-sevenths of the
29 amount collected by each inter-track wagering
30 location licensee within the park district or
31 conservation district or municipality for the Fund.
32 Monies that were paid into the Horse Racing Tax
33 Allocation Fund before the effective date of this
34 amendatory Act of 1991 by an inter-track wagering
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1 location licensee located in a municipality that is
2 not included within any park district but is
3 included within a conservation district as provided
4 in this paragraph shall, as soon as practicable
5 after the effective date of this amendatory Act of
6 1991, be allocated and paid to that conservation
7 district as provided in this paragraph. Any park
8 district or municipality not maintaining a museum
9 may deposit the monies in the corporate fund of the
10 park district or municipality where the inter-track
11 wagering location is located, to be used for general
12 purposes; and
13 One-seventh to the Agricultural Premium Fund to
14 be used for distribution to agricultural home
15 economics extension councils in accordance with "An
16 Act in relation to additional support and finances
17 for the Agricultural and Home Economic Extension
18 Councils in the several counties of this State and
19 making an appropriation therefor", approved July 24,
20 1967.
21 All other monies paid into the Horse Racing Tax
22 Allocation Fund pursuant to this paragraph (11) shall be
23 allocated by appropriation as follows:
24 Two-sevenths to the Department of Agriculture.
25 Fifty percent of this two-sevenths shall be used to
26 promote the Illinois horse racing and breeding
27 industry, and shall be distributed by the Department
28 of Agriculture upon the advice of a 9-member
29 committee appointed by the Governor consisting of
30 the following members: the Director of Agriculture,
31 who shall serve as chairman; 2 representatives of
32 organization licensees conducting thoroughbred race
33 meetings in this State, recommended by those
34 licensees; 2 representatives of organization
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1 licensees conducting standardbred race meetings in
2 this State, recommended by those licensees; a
3 representative of the Illinois Thoroughbred Breeders
4 and Owners Foundation, recommended by that
5 Foundation; a representative of the Illinois
6 Standardbred Owners and Breeders Association,
7 recommended by that Association; a representative of
8 the Horsemen's Benevolent and Protective Association
9 or any successor organization thereto established in
10 Illinois comprised of the largest number of owners
11 and trainers, recommended by that Association or
12 that successor organization; and a representative of
13 the Illinois Harness Horsemen's Association,
14 recommended by that Association. Committee members
15 shall serve for terms of 2 years, commencing January
16 1 of each even-numbered year. If a representative
17 of any of the above-named entities has not been
18 recommended by January 1 of any even-numbered year,
19 the Governor shall appoint a committee member to
20 fill that position. Committee members shall receive
21 no compensation for their services as members but
22 shall be reimbursed for all actual and necessary
23 expenses and disbursements incurred in the
24 performance of their official duties. The remaining
25 50% of this two-sevenths shall be distributed to
26 county fairs for premiums and rehabilitation as set
27 forth in the Agricultural Fair Act;
28 Four-sevenths to museums and aquariums located
29 in park districts of over 500,000 population;
30 provided that the monies are distributed in
31 accordance with the previous year's distribution of
32 the maintenance tax for such museums and aquariums
33 as provided in Section 2 of the Park District
34 Aquarium and Museum Act; and
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1 One-seventh to the Agricultural Premium Fund to
2 be used for distribution to agricultural home
3 economics extension councils in accordance with "An
4 Act in relation to additional support and finances
5 for the Agricultural and Home Economic Extension
6 Councils in the several counties of this State and
7 making an appropriation therefor", approved July 24,
8 1967.
9 (D) Except as provided in paragraph (11) of
10 this subsection (h), with respect to purse
11 allocation from intertrack wagering, the monies so
12 retained shall be divided as follows:
13 (i) If the inter-track wagering licensee,
14 except an intertrack wagering licensee that
15 derives its license from an organization
16 licensee located in a county with a population
17 in excess of 230,000 and bounded by the
18 Mississippi River, is not conducting its own
19 race meeting during the same dates, then the
20 entire purse allocation shall be to purses at
21 the track where the races wagered on are being
22 conducted.
23 (ii) If the inter-track wagering
24 licensee, except an intertrack wagering
25 licensee that derives its license from an
26 organization licensee located in a county with
27 a population in excess of 230,000 and bounded
28 by the Mississippi River, is also conducting
29 its own race meeting during the same dates,
30 then the purse allocation shall be as follows:
31 50% to purses at the track where the races
32 wagered on are being conducted; 50% to purses
33 at the track where the inter-track wagering
34 licensee is accepting such wagers.
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1 (iii) If the inter-track wagering is
2 being conducted by an inter-track wagering
3 location licensee, except an intertrack
4 wagering location licensee that derives its
5 license from an organization licensee located
6 in a county with a population in excess of
7 230,000 and bounded by the Mississippi River,
8 the entire purse allocation for Illinois races
9 shall be to purses at the track where the race
10 meeting being wagered on is being held.
11 (12) The Board shall have all powers necessary and
12 proper to fully supervise and control the conduct of
13 inter-track wagering and simulcast wagering by
14 inter-track wagering licensees and inter-track wagering
15 location licensees, including, but not limited to the
16 following:
17 (A) The Board is vested with power to
18 promulgate reasonable rules and regulations for the
19 purpose of administering the conduct of this
20 wagering and to prescribe reasonable rules,
21 regulations and conditions under which such wagering
22 shall be held and conducted. Such rules and
23 regulations are to provide for the prevention of
24 practices detrimental to the public interest and for
25 the best interests of said wagering and to impose
26 penalties for violations thereof.
27 (B) The Board, and any person or persons to
28 whom it delegates this power, is vested with the
29 power to enter the facilities of any licensee to
30 determine whether there has been compliance with the
31 provisions of this Act and the rules and regulations
32 relating to the conduct of such wagering.
33 (C) The Board, and any person or persons to
34 whom it delegates this power, may eject or exclude
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1 from any licensee's facilities, any person whose
2 conduct or reputation is such that his presence on
3 such premises may, in the opinion of the Board, call
4 into the question the honesty and integrity of, or
5 interfere with the orderly conduct of such wagering;
6 provided, however, that no person shall be excluded
7 or ejected from such premises solely on the grounds
8 of race, color, creed, national origin, ancestry, or
9 sex.
10 (D) (Blank).
11 (E) The Board is vested with the power to
12 appoint delegates to execute any of the powers
13 granted to it under this Section for the purpose of
14 administering this wagering and any rules and
15 regulations promulgated in accordance with this Act.
16 (F) The Board shall name and appoint a State
17 director of this wagering who shall be a
18 representative of the Board and whose duty it shall
19 be to supervise the conduct of inter-track wagering
20 as may be provided for by the rules and regulations
21 of the Board; such rules and regulation shall
22 specify the method of appointment and the Director's
23 powers, authority and duties.
24 (G) The Board is vested with the power to
25 impose civil penalties of up to $5,000 against
26 individuals and up to $10,000 against licensees for
27 each violation of any provision of this Act relating
28 to the conduct of this wagering, any rules adopted
29 by the Board, any order of the Board or any other
30 action which in the Board's discretion, is a
31 detriment or impediment to such wagering.
32 (13) The Department of Agriculture may enter into
33 agreements with licensees authorizing such licensees to
34 conduct inter-track wagering on races to be held at the
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1 licensed race meetings conducted by the Department of
2 Agriculture. Such agreement shall specify the races of
3 the Department of Agriculture's licensed race meeting
4 upon which the licensees will conduct wagering. In the
5 event that a licensee conducts inter-track pari-mutuel
6 wagering on races from the Illinois State Fair or DuQuoin
7 State Fair which are in addition to the licensee's
8 previously approved racing program, those races shall be
9 considered a separate racing day for the purpose of
10 determining the daily handle and computing the privilege
11 tax on that daily handle as provided in Sections 27 and
12 27.1. Such agreements shall be approved by the Board
13 before such wagering may be conducted. In determining
14 whether to grant approval, the Board shall give due
15 consideration to the best interests of the public and of
16 horse racing. The provisions of paragraphs (1), (8),
17 (8.1), and (8.2) of subsection (h) of this Section which
18 are not specified in this paragraph (13) shall not apply
19 to licensed race meetings conducted by the Department of
20 Agriculture at the Illinois State Fair in Sangamon County
21 or the DuQuoin State Fair in Perry County, or to any
22 wagering conducted on those race meetings.
23 (i) Notwithstanding the other provisions of this Act,
24 the conduct of wagering at wagering facilities is authorized
25 on all days, except as limited by subsection (b) of Section
26 19 of this Act.
27 (Source: P.A. 88-358; 88-572, eff. 8-11-94; 88-661, eff.
28 9-16-94; 89-16, eff. 5-30-95.)