State of Illinois
92nd General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ House Amendment 001 ]
[ Senate Amendment 001 ][ Senate Amendment 002 ]


92_HB1069

 
                                              LRB9206979LDprB

 1        AN ACT in relation to gambling.

 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
 9    pari-mutuel system of wagering, as defined in Section 3.12 of
10    this  Act,  on  horse  races   conducted   by   an   Illinois
11    organization  licensee or conducted at a racetrack located in
12    another  state  or  country  and  televised  in  Illinois  in
13    accordance with subsection (g) of Section  26  of  this  Act.
14    Subject  to  the  prior  consent  of the Board, licensees may
15    supplement any pari-mutuel  pool  in  order  to  guarantee  a
16    minimum  distribution.   Such  pari-mutuel method of wagering
17    shall not, under any circumstances  if  conducted  under  the
18    provisions  of this Act, be held or construed to be unlawful,
19    other statutes of this State to the contrary notwithstanding.
20    Subject to rules for  advance  wagering  promulgated  by  the
21    Board,  any  licensee may accept wagers in advance of the day
22    of the race wagered upon occurs.
23        (b)  No other method of betting, pool making, wagering or
24    gambling shall be used or permitted by  the  licensee.   Each
25    licensee may retain, subject to the payment of all applicable
26    taxes  and  purses,  an amount not to exceed 17% of all money
27    wagered under subsection (a) of this Section, except  as  may
28    otherwise be permitted under this Act.
29        (b-5)  An   individual   may  place  a  wager  under  the
30    pari-mutuel system  from  any  licensed  location  authorized
31    under this Act provided that wager is electronically recorded
 
                            -2-               LRB9206979LDprB
 1    in  the  manner  described  in  Section 3.12 of this Act. Any
 2    wager made electronically by an individual  while  physically
 3    on  the  premises  of a licensee shall be deemed to have been
 4    made at the premises of that licensee.
 5        (c)  Until January 1, 2000, the sum held by any  licensee
 6    for  payment of outstanding pari-mutuel tickets, if unclaimed
 7    prior to December 31 of the next year, shall be  retained  by
 8    the  licensee  for  payment  of such tickets until that date.
 9    Within 10 days thereafter, the balance of such sum  remaining
10    unclaimed,  less any uncashed supplements contributed by such
11    licensee   for   the   purpose   of   guaranteeing    minimum
12    distributions  of  any pari-mutuel pool, shall be paid to the
13    Illinois Veterans' Rehabilitation Fund of the State treasury,
14    except as provided in subsection (g) of Section  27  of  this
15    Act.
16        (c-5)  Beginning  January  1,  2000,  the sum held by any
17    licensee for payment of outstanding pari-mutuel  tickets,  if
18    unclaimed  prior  to  December  31 of the next year, shall be
19    retained by the licensee for payment of  such  tickets  until
20    that  date.   Within  10 days thereafter, the balance of such
21    sum  remaining  unclaimed,  less  any  uncashed   supplements
22    contributed  by such licensee for the purpose of guaranteeing
23    minimum distributions  of  any  pari-mutuel  pool,  shall  be
24    evenly  distributed  to the purse account of the organization
25    licensee and the organization licensee.
26        (d)  A pari-mutuel ticket shall be honored until December
27    31 of the next calendar year, and the licensee shall pay  the
28    same  and  may charge the amount thereof against unpaid money
29    similarly accumulated on account of pari-mutuel  tickets  not
30    presented for payment.
31        (e)  No  licensee shall knowingly permit any minor, other
32    than an employee of  such  licensee  or  an  owner,  trainer,
33    jockey,  driver, or employee thereof, to be admitted during a
34    racing program unless accompanied by a parent or guardian, or
 
                            -3-               LRB9206979LDprB
 1    any minor to  be  a  patron  of  the  pari-mutuel  system  of
 2    wagering conducted or supervised by it.  The admission of any
 3    unaccompanied  minor,  other than an employee of the licensee
 4    or an owner, trainer, jockey, driver, or employee thereof  at
 5    a race track is a Class C misdemeanor.
 6        (f)  Notwithstanding the other provisions of this Act, an
 7    organization  licensee may contract with an entity in another
 8    state or country to  permit  any  legal  wagering  entity  in
 9    another  state or country to accept wagers solely within such
10    other state or country on races conducted by the organization
11    licensee in this State.  Beginning  January  1,  2000,  these
12    wagers shall not be subject to State taxation.  Until January
13    1,  2000, when the out-of-State entity conducts a pari-mutuel
14    pool separate from the organization licensee, a privilege tax
15    equal to 7 1/2% of all monies received  by  the  organization
16    licensee  from entities in other states or countries pursuant
17    to such contracts is imposed on  the  organization  licensee,
18    and such privilege tax shall be remitted to the Department of
19    Revenue  within  48  hours  of receipt of the moneys from the
20    simulcast.  When the out-of-State entity conducts a  combined
21    pari-mutuel  pool  with  the  organization  licensee, the tax
22    shall be 10% of  all  monies  received  by  the  organization
23    licensee  with  25%  of  the receipts from this 10% tax to be
24    distributed to the county in which the race was conducted.
25        An organization licensee may permit one or  more  of  its
26    races  to be utilized for pari-mutuel wagering at one or more
27    locations in other states and may transmit audio  and  visual
28    signals of races the organization licensee conducts to one or
29    more  locations  outside  the  State  or country and may also
30    permit pari-mutuel pools in other states or countries  to  be
31    combined  with  its  gross  or  net  wagering  pools  or with
32    wagering pools established by other states.
33        (g)  A host track may accept interstate simulcast  wagers
34    on  horse  races  conducted  in other states or countries and
 
                            -4-               LRB9206979LDprB
 1    shall control the number of signals and types  of  breeds  of
 2    racing  in  its simulcast program, subject to the disapproval
 3    of the Board.  The Board may  prohibit  a  simulcast  program
 4    only  if  it  finds  that  the  simulcast  program is clearly
 5    adverse to the integrity of racing.  The host track simulcast
 6    program shall include  the  signal  of  live  racing  of  all
 7    organization  licensees.  All  non-host licensees shall carry
 8    the host track simulcast program and  accept  wagers  on  all
 9    races  included  as  part of the simulcast program upon which
10    wagering is permitted. The costs and  expenses  of  the  host
11    track  and  non-host  licensees  associated  with  interstate
12    simulcast wagering, other than the interstate commission fee,
13    shall  be  borne by the host track and all non-host licensees
14    incurring these costs.  The interstate commission  fee  shall
15    not  exceed 5% of Illinois handle on the interstate simulcast
16    race or races without prior approval of the Board.  The Board
17    shall promulgate rules under which it may  permit  interstate
18    commission  fees  in excess of 5%.  The interstate commission
19    fee  and  other  fees  charged  by  the  sending   racetrack,
20    including,  but not limited to, satellite decoder fees, shall
21    be uniformly applied to  the  host  track  and  all  non-host
22    licensees.
23             (1)  Between the hours of 6:30 a.m. and 6:30 p.m. an
24        intertrack  wagering  licensee  other than the host track
25        may supplement the  host  track  simulcast  program  with
26        additional  simulcast  races  or  race programs, provided
27        that between January 1 and the third Friday  in  February
28        of any year, inclusive, if no live thoroughbred racing is
29        occurring   in   Illinois   during   this   period,  only
30        thoroughbred  races  may   be   used   for   supplemental
31        interstate  simulcast purposes.  The Board shall withhold
32        approval for a supplemental interstate simulcast only  if
33        it  finds  that  the  simulcast is clearly adverse to the
34        integrity of racing.  A supplemental interstate simulcast
 
                            -5-               LRB9206979LDprB
 1        may be transmitted from an intertrack  wagering  licensee
 2        to  its  affiliated  non-host  licensees.  The interstate
 3        commission fee for a  supplemental  interstate  simulcast
 4        shall be paid by the non-host licensee and its affiliated
 5        non-host licensees receiving the simulcast.
 6             (2)  Between the hours of 6:30 p.m. and 6:30 a.m. an
 7        intertrack  wagering  licensee  other than the host track
 8        may receive supplemental interstate simulcasts only  with
 9        the  consent  of  the  host track, except when  the Board
10        finds that  the  simulcast  is  clearly  adverse  to  the
11        integrity   of   racing.    Consent  granted  under  this
12        paragraph (2) to any intertrack wagering  licensee  shall
13        be   deemed  consent  to  all  non-host  licensees.   The
14        interstate commission fee for the supplemental interstate
15        simulcast shall be paid  by  all  participating  non-host
16        licensees.
17             (3)  Each  licensee  conducting interstate simulcast
18        wagering may  retain,  subject  to  the  payment  of  all
19        applicable  taxes and the purses, an amount not to exceed
20        17% of all money wagered.  If any licensee conducts   the
21        pari-mutuel   system   wagering  on  races  conducted  at
22        racetracks in another state or country, each such race or
23        race program shall be considered a  separate  racing  day
24        for  the  purpose  of  determining  the  daily handle and
25        computing the privilege  tax  of  that  daily  handle  as
26        provided  in  subsection (a) of Section 27. Until January
27        1, 2000, from the sums permitted to be retained  pursuant
28        to  this  subsection,  each  intertrack wagering location
29        licensee shall pay 1% of the pari-mutuel  handle  wagered
30        on  simulcast wagering to the Horse Racing Tax Allocation
31        Fund, subject to the provisions of  subparagraph  (B)  of
32        paragraph  (11)  of  subsection (h) of Section 26 of this
33        Act.
34             (4)  A licensee who receives an interstate simulcast
 
                            -6-               LRB9206979LDprB
 1        may combine its gross or net  pools  with  pools  at  the
 2        sending  racetracks  pursuant to rules established by the
 3        Board.  All licensees combining their gross  pools  at  a
 4        sending racetrack shall adopt the take-out percentages of
 5        the  sending  racetrack.  A licensee may also establish a
 6        separate pool and takeout structure for wagering purposes
 7        on races conducted at race tracks outside of the State of
 8        Illinois.  The licensee  may  permit  pari-mutuel  wagers
 9        placed  in  other states or countries to be combined with
10        its gross or net wagering pools or other wagering pools.
11             (5)  After the payment of the interstate  commission
12        fee  (except  for  the  interstate  commission  fee  on a
13        supplemental interstate simulcast, which shall be paid by
14        the host track and by each non-host licensee through  the
15        host-track)  and  all  applicable  State and local taxes,
16        except as provided in subsection (g)  of  Section  27  of
17        this Act, the remainder of moneys retained from simulcast
18        wagering  pursuant  to  this  subsection (g), and Section
19        26.2 shall be divided as follows:
20                  (A)  For interstate simulcast wagers made at  a
21             host  track, 50% to the host track and 50% to purses
22             at the host track.
23                  (B)  For wagers placed on interstate  simulcast
24             races,   supplemental   simulcasts   as  defined  in
25             subparagraphs (1) and  (2),  and  separately  pooled
26             races  conducted  outside  of  the State of Illinois
27             made at a non-host licensee, 25% to the host  track,
28             25%  to the non-host licensee, and 50% to the purses
29             at the host track.
30             (6)  Notwithstanding any provision in  this  Act  to
31        the   contrary,   non-host  licensees  who  derive  their
32        licenses  from  a  track  located  in  a  county  with  a
33        population in excess of  230,000  and  that  borders  the
34        Mississippi  River  may  receive  supplemental interstate
 
                            -7-               LRB9206979LDprB
 1        simulcast races at all times subject to  Board  approval,
 2        which  shall  be  withheld  only  upon  a  finding that a
 3        supplemental interstate simulcast is clearly  adverse  to
 4        the integrity of racing.
 5             (7)  Notwithstanding  any  provision  of this Act to
 6        the contrary, after payment of all applicable  State  and
 7        local  taxes  and  interstate  commission  fees, non-host
 8        licensees who derive their licenses from a track  located
 9        in  a  county  with a population in excess of 230,000 and
10        that borders the Mississippi River shall  retain  50%  of
11        the  retention from interstate simulcast wagers and shall
12        pay 50% to purses at the track from  which  the  non-host
13        licensee derives its license as follows:
14                  (A)  Between  January 1 and the third Friday in
15             February, inclusive, if no live thoroughbred  racing
16             is  occurring  in  Illinois during this period, when
17             the interstate simulcast is a standardbred race, the
18             purse share to its standardbred purse account.;
19                  (B)  Between January 1 and the third Friday  in
20             February,  inclusive, if no live thoroughbred racing
21             is occurring in Illinois during this period, and the
22             interstate simulcast is  a  thoroughbred  race,  the
23             purse  share  to its interstate simulcast purse pool
24             to be  distributed  under  paragraph  (10)  of  this
25             subsection (g).;
26                  (C)  Between  January 1 and the third Friday in
27             February, inclusive, if live thoroughbred racing  is
28             occurring  in  Illinois,  between 6:30 a.m. and 6:30
29             p.m. the purse share from wagers  made  during  this
30             time  period  to  its thoroughbred purse account and
31             between 6:30 p.m. and 6:30 a.m. the purse share from
32             wagers  made  during  this  time   period   to   its
33             standardbred purse accounts.;
34                  (D)  Between the third Saturday in February and
 
                            -8-               LRB9206979LDprB
 1             December  31,  when  the interstate simulcast occurs
 2             between the hours of 6:30 a.m. and  6:30  p.m.,  the
 3             purse share to its thoroughbred purse account.;
 4                  (E)  Between the third Saturday in February and
 5             December  31,  when  the interstate simulcast occurs
 6             between the hours of 6:30 p.m. and  6:30  a.m.,  the
 7             purse share to its standardbred purse account.
 8                  (F)  Notwithstanding  any  other  provision  of
 9             this  Act,  if,  in any calendar year before 2002, a
10             racetrack located in Madison  County  conducts  only
11             one   breed   of   racing,  either  standardbred  or
12             thoroughbred, then all  purse  moneys  derived  from
13             simulcast  wagering  required to be paid pursuant to
14             this Act shall be paid to the purse account of  that
15             breed.   The provisions of this subparagraph (F) are
16             declarative of existing law.
17                  (G)  Notwithstanding  any  other  provision  of
18             this Act, if, in any calendar  year  after  2001,  a
19             racetrack  located  in  Madison County conducts only
20             one  breed  of  racing,   either   standardbred   or
21             thoroughbred,  then  all  purse  moneys derived from
22             simulcast wagering required to be paid  pursuant  to
23             this  Act shall be paid to the purse account of that
24             breed, provided that the racetrack conducts at least
25             as many days of live racing  as  were  conducted  in
26             calendar year 2000 at that racetrack;
27             (8)  Notwithstanding  any  provision  in this Act to
28        the contrary,  an  organization  licensee  from  a  track
29        located  in  a  county  with  a  population  in excess of
30        230,000 and that borders the Mississippi  River  and  its
31        affiliated  non-host  licensees  shall not be entitled to
32        share in any retention generated on  racing,  inter-track
33        wagering,  or  simulcast  wagering  at any other Illinois
34        wagering facility.
 
                            -9-               LRB9206979LDprB
 1             (8.1)  Notwithstanding any provisions in this Act to
 2        the contrary, if 2 organization licensees are  conducting
 3        standardbred race meetings concurrently between the hours
 4        of  6:30  p.m.  and  6:30  a.m.,  after  payment  of  all
 5        applicable   State   and   local   taxes  and  interstate
 6        commission fees, the remainder  of  the  amount  retained
 7        from  simulcast  wagering  otherwise  attributable to the
 8        host track and to host track purses shall be split  daily
 9        between  the  2  organization licensees and the purses at
10        the tracks of the 2 organization licensees, respectively,
11        based on each organization licensee's share of the  total
12        live  handle  for  that day, provided that this provision
13        shall not apply to any non-host licensee that derives its
14        license  from  a  track  located  in  a  county  with   a
15        population  in  excess  of  230,000  and that borders the
16        Mississippi River.
17             (9)  (Blank).
18             (10)  (Blank).
19             (11)  (Blank).
20             (12)  The Board shall have authority to  compel  all
21        host  tracks to receive the simulcast of any or all races
22        conducted at the Springfield or DuQuoin State fairgrounds
23        and include all such races as  part  of  their  simulcast
24        programs.
25             (13)  Notwithstanding  any  other  provision of this
26        Act, in the event that  the  total  Illinois  pari-mutuel
27        handle on Illinois horse races at all wagering facilities
28        in  any  calendar  year  is  less  than  75% of the total
29        Illinois pari-mutuel handle on Illinois  horse  races  at
30        all such wagering facilities for calendar year 1994, then
31        each  wagering facility that has an annual total Illinois
32        pari-mutuel handle on Illinois horse races that  is  less
33        than  75%  of  the  total  Illinois pari-mutuel handle on
34        Illinois  horse  races  at  such  wagering  facility  for
 
                            -10-              LRB9206979LDprB
 1        calendar year 1994, shall be permitted to  receive,  from
 2        any  amount otherwise payable to the purse account at the
 3        race track with which the wagering facility is affiliated
 4        in the succeeding calendar year, an amount equal to 2% of
 5        the differential in total Illinois pari-mutuel handle  on
 6        Illinois  horse  races  at  the wagering facility between
 7        that  calendar  year  in  question  and  1994   provided,
 8        however,  that  a wagering facility shall not be entitled
 9        to any such payment until the Board certifies in  writing
10        to the wagering facility the amount to which the wagering
11        facility  is  entitled  and a schedule for payment of the
12        amount to the wagering facility, based on: (i) the racing
13        dates awarded to  the  race  track  affiliated  with  the
14        wagering  facility  during  the succeeding year; (ii) the
15        sums available or anticipated  to  be  available  in  the
16        purse  account  of  the  race  track  affiliated with the
17        wagering facility for purses during the succeeding  year;
18        and  (iii)  the  need  to  ensure reasonable purse levels
19        during the  payment  period.  The  Board's  certification
20        shall  be  provided  no  later  than  January  31  of the
21        succeeding  year.  In  the  event  a  wagering   facility
22        entitled  to  a  payment  under  this  paragraph  (13) is
23        affiliated  with  a  race  track  that  maintains   purse
24        accounts  for  both standardbred and thoroughbred racing,
25        the amount to be paid to the wagering facility  shall  be
26        divided between each purse account pro rata, based on the
27        amount  of  Illinois  handle on Illinois standardbred and
28        thoroughbred racing respectively at the wagering facility
29        during the previous calendar year. Annually, the  General
30        Assembly  shall  appropriate  sufficient  funds  from the
31        General Revenue Fund to the Department of Agriculture for
32        payment into  the  thoroughbred  and  standardbred  horse
33        racing  purse  accounts  at  Illinois pari-mutuel tracks.
34        The amount paid to each purse account shall be the amount
 
                            -11-              LRB9206979LDprB
 1        certified by the Illinois Racing Board in  January to  be
 2        transferred  from  each  account  to each eligible racing
 3        facility  in  accordance  with  the  provisions  of  this
 4        Section.
 5        (h)  The Board may approve and  license  the  conduct  of
 6    inter-track  wagering  and  simulcast wagering by inter-track
 7    wagering  licensees   and   inter-track   wagering   location
 8    licensees subject to the following terms and conditions:
 9             (1)  Any  person  licensed to conduct a race meeting
10        at a track where 60 or more days of racing were conducted
11        during the immediately preceding calendar year  or  where
12        over  the  5  immediately  preceding  calendar  years  an
13        average  of  30  or  more  days  of racing were conducted
14        annually or, notwithstanding any other provision of  this
15        Act,  any person licensed to conduct a race meeting of at
16        least 60 days  of  live  racing  during  the  immediately
17        preceding calendar year at a racetrack located in Madison
18        County  may be issued an inter-track wagering license. or
19        at a track located in a county that  is  bounded  by  the
20        Mississippi  River,  which  has a population of less than
21        150,000 according to the 1990 decennial  census,  and  an
22        average  of  at  least 60 days of racing per year between
23        1985 and 1993  may  be  issued  an  inter-track  wagering
24        license.  Any such person having operating control of the
25        racing  facility  may  also  receive  up to 6 inter-track
26        wagering location licenses. In no event shall more than 6
27        inter-track wagering locations be  established  for  each
28        eligible  race  track, except that an eligible race track
29        located in a county that has a population  of  more  than
30        230,000  and that is bounded by the Mississippi River may
31        establish up to  7  inter-track  wagering  locations.  An
32        application  for  said  license  shall  be filed with the
33        Board prior to such dates as may be fixed by  the  Board.
34        With  an application for an inter-track wagering location
 
                            -12-              LRB9206979LDprB
 1        license there shall be delivered to the Board a certified
 2        check or bank draft payable to the order of the Board for
 3        an amount equal to $500.  The  application  shall  be  on
 4        forms   prescribed  and  furnished  by  the  Board.   The
 5        application  shall   comply   with   all   other   rules,
 6        regulations  and  conditions  imposed  by  the  Board  in
 7        connection therewith.
 8             (2)  The  Board  shall examine the applications with
 9        respect to their conformity with this Act and  the  rules
10        and  regulations imposed by the Board.  If found to be in
11        compliance with the Act and rules and regulations of  the
12        Board,  the  Board  may  then  issue a license to conduct
13        inter-track  wagering  and  simulcast  wagering  to  such
14        applicant.  All such applications shall be acted upon  by
15        the  Board at a meeting to be held on such date as may be
16        fixed by the Board.
17             (3)  In granting  licenses  to  conduct  inter-track
18        wagering and simulcast wagering, the Board shall give due
19        consideration  to  the  best  interests of the public, of
20        horse racing, and of maximizing revenue to the State.
21             (4)  Prior to the issuance of a license  to  conduct
22        inter-track   wagering   and   simulcast   wagering,  the
23        applicant shall file with the Board a bond payable to the
24        State of Illinois in the sum of $50,000, executed by  the
25        applicant and a surety company or companies authorized to
26        do  business  in this State, and conditioned upon (i) the
27        payment by the licensee of all taxes due under Section 27
28        or 27.1 and any other monies due and payable  under  this
29        Act,   and   (ii)  distribution  by  the  licensee,  upon
30        presentation of the winning ticket  or  tickets,  of  all
31        sums payable to the patrons of pari-mutuel pools.
32             (5)  Each  license  to  conduct inter-track wagering
33        and simulcast wagering shall specify the person  to  whom
34        it  is  issued,  the  dates  on  which  such  wagering is
 
                            -13-              LRB9206979LDprB
 1        permitted, and the track or location where  the  wagering
 2        is to be conducted.
 3             (6)  All  wagering  under such license is subject to
 4        this Act and to the rules and regulations  from  time  to
 5        time  prescribed  by  the  Board,  and every such license
 6        issued by the Board  shall  contain  a  recital  to  that
 7        effect.
 8             (7)  An inter-track wagering licensee or inter-track
 9        wagering location licensee may accept wagers at the track
10        or  location    where  it  is  licensed,  or as otherwise
11        provided under this Act.
12             (8)  Inter-track  wagering  or  simulcast   wagering
13        shall  not  be  conducted  at any track less than 5 miles
14        from a track at which a racing meeting is in progress.
15             (8.1)  Inter-track wagering location  licensees  who
16        derive  their  licenses  from  a  particular organization
17        licensee shall conduct inter-track wagering and simulcast
18        wagering only at locations which  are  either  within  90
19        miles   of   that   race   track   where  the  particular
20        organization licensee is licensed to conduct  racing,  or
21        within  135 miles of that race track where the particular
22        organization licensee is licensed to  conduct  racing  in
23        the  case of race tracks in counties of less than 400,000
24        that were operating on or before June 1, 1986.   However,
25        inter-track  wagering and simulcast wagering shall not be
26        conducted by those licensees at  any  location  within  5
27        miles of any race track at which a horse race meeting has
28        been  licensed  in  the  current  year, unless the person
29        having operating control of such race track has given its
30        written consent to  such  inter-track  wagering  location
31        licensees,  which consent must be filed with the Board at
32        or prior to the time application is made.
33             (8.2)  Inter-track wagering  or  simulcast  wagering
34        shall   not  be  conducted  by  an  inter-track  wagering
 
                            -14-              LRB9206979LDprB
 1        location licensee at any location within 500 feet  of  an
 2        existing  church  or existing school, nor within 500 feet
 3        of the residences  of  more  than  50  registered  voters
 4        without  receiving  written permission from a majority of
 5        the registered voters at such  residences.  Such  written
 6        permission statements shall be filed with the Board.  The
 7        distance  of  500  feet  shall be measured to the nearest
 8        part of any building used for worship services, education
 9        programs, residential purposes, or conducting inter-track
10        wagering by an inter-track  wagering  location  licensee,
11        and  not  to  property  boundaries.  However, inter-track
12        wagering or simulcast wagering may be conducted at a site
13        within 500 feet of a church, school or residences  of  50
14        or  more  registered  voters  if  such  church, school or
15        residences have been  erected  or  established,  or  such
16        voters  have  been registered, after the Board issues the
17        original inter-track wagering  location  license  at  the
18        site in question. Inter-track wagering location licensees
19        may  conduct  inter-track wagering and simulcast wagering
20        only  in  areas  that  are  zoned   for   commercial   or
21        manufacturing  purposes  or  in areas for which a special
22        use has been approved  by  the  local  zoning  authority.
23        However,  no  license to conduct inter-track wagering and
24        simulcast wagering shall be granted  by  the  Board  with
25        respect  to  any inter-track wagering location within the
26        jurisdiction of any local zoning authority which has,  by
27        ordinance  or by resolution, prohibited the establishment
28        of  an   inter-track   wagering   location   within   its
29        jurisdiction.    However,   inter-track   wagering    and
30        simulcast wagering may be conducted at  a  site  if  such
31        ordinance  or  resolution  is  enacted  after  the  Board
32        licenses   the  original  inter-track  wagering  location
33        licensee for the site in question.
34             (9)  (Blank).
 
                            -15-              LRB9206979LDprB
 1             (10)  An  inter-track  wagering   licensee   or   an
 2        inter-track   wagering   location  licensee  may  retain,
 3        subject to the payment of the  privilege  taxes  and  the
 4        purses, an amount not to exceed 17% of all money wagered.
 5        Each  program  of  racing  conducted  by each inter-track
 6        wagering  licensee  or  inter-track   wagering   location
 7        licensee  shall  be  considered a separate racing day for
 8        the purpose of determining the daily handle and computing
 9        the privilege tax or pari-mutuel tax on such daily handle
10        as provided in Section 27.
11             (10.1)  Except as  provided  in  subsection  (g)  of
12        Section  27  of  this  Act, inter-track wagering location
13        licensees shall pay 1% of the pari-mutuel handle at  each
14        location  to  the  municipality in which such location is
15        situated  and  1%  of  the  pari-mutuel  handle  at  each
16        location  to  the  county  in  which  such  location   is
17        situated.   In  the  event  that  an inter-track wagering
18        location licensee is situated in an  unincorporated  area
19        of   a   county,  such  licensee  shall  pay  2%  of  the
20        pari-mutuel handle from such location to such county.
21             (10.2)  Notwithstanding any other provision of  this
22        Act,  with respect to intertrack wagering at a race track
23        located in a county that has a population  of  more  than
24        230,000  and  that  is  bounded  by the Mississippi River
25        ("the first race track"), or at a facility operated by an
26        inter-track wagering  licensee  or  inter-track  wagering
27        location  licensee  that  derives  its  license  from the
28        organization licensee that operates the first race track,
29        on races conducted at the first race track  or  on  races
30        conducted    at   another   Illinois   race   track   and
31        simultaneously televised to the first race track or to  a
32        facility  operated by an inter-track wagering licensee or
33        inter-track wagering location licensee that  derives  its
34        license  from the organization licensee that operates the
 
                            -16-              LRB9206979LDprB
 1        first race track, those  moneys  shall  be  allocated  as
 2        follows:
 3                  (A)  That  portion  of  all  moneys  wagered on
 4             standardbred racing that is required under this  Act
 5             to  be  paid  to  purses shall be paid to purses for
 6             standardbred races.
 7                  (B)  That portion  of  all  moneys  wagered  on
 8             thoroughbred  racing that is required under this Act
 9             to be paid to purses shall be  paid  to  purses  for
10             thoroughbred races.
11                  (C)    Notwithstanding  any  other provision of
12             this Act, if, in any calendar  year before  2002,  a
13             racetrack  located  in  Madison County conducts only
14             one  breed  of  racing,   either   standardbred   or
15             thoroughbred,  then  all  purse  moneys derived from
16             inter-track wagering required to be paid pursuant to
17             this Act shall be paid to the purse account of  that
18             breed.   The provisions of this subparagraph (C) are
19             declarative of existing law.
20                  (D)  Notwithstanding  any  other  provision  of
21             this Act, if, in any calendar  year  after  2001,  a
22             racetrack  located  in  Madison County conducts only
23             one  breed  of  racing,   either   standardbred   or
24             thoroughbred,  then  all  purse  moneys derived from
25             inter-track wagering required to be paid pursuant to
26             this Act shall be paid to the purse account of  that
27             breed, provided that the racetrack conducts at least
28             as  many  days  of  live racing as were conducted in
29             calendar year 2000 at that racetrack.
30             (11) (A)  After  payment   of   the   privilege   or
31        pari-mutuel  tax,  any  other  applicable  taxes, and the
32        costs and expenses  in  connection  with  the  gathering,
33        transmission,  and dissemination of all data necessary to
34        the conduct of inter-track wagering, the remainder of the
 
                            -17-              LRB9206979LDprB
 1        monies retained under either Section 26 or  Section  26.2
 2        of  this  Act  by  the  inter-track  wagering licensee on
 3        inter-track wagering shall be allocated with  50%  to  be
 4        split  between  the  2 participating licensees and 50% to
 5        purses, except that an intertrack wagering licensee  that
 6        derives its license from a track located in a county with
 7        a  population  in  excess of 230,000 and that borders the
 8        Mississippi  River  shall  not   divide   any   remaining
 9        retention  with  the  Illinois organization licensee that
10        provides the race or races, and  an  intertrack  wagering
11        licensee  that  accepts  wagers  on races conducted by an
12        organization licensee that conducts  a  race  meet  in  a
13        county  with  a  population in excess of 230,000 and that
14        borders  the  Mississippi  River  shall  not  divide  any
15        remaining retention with that organization licensee.
16             (B)  From the sums permitted to be retained pursuant
17        to this Act each inter-track wagering  location  licensee
18        shall  pay  (i)  the  privilege or pari-mutuel tax to the
19        State; (ii) 4.75% of the pari-mutuel handle on intertrack
20        wagering at such location on races as purses, except that
21        an intertrack wagering location licensee that derives its
22        license  from  a  track  located  in  a  county  with   a
23        population  in  excess  of  230,000  and that borders the
24        Mississippi River shall retain all purse moneys  for  its
25        own  purse account consistent with distribution set forth
26        in this subsection (h), and intertrack wagering  location
27        licensees  that  accept  wagers  on races conducted by an
28        organization  licensee  located  in  a  county   with   a
29        population  in  excess  of  230,000  and that borders the
30        Mississippi River shall distribute all  purse  moneys  to
31        purses  at  the operating host track; (iii) until January
32        1, 2000, except as provided in subsection (g) of  Section
33        27  of  this Act, 1% of the pari-mutuel handle wagered on
34        inter-track  wagering  and  simulcast  wagering  at  each
 
                            -18-              LRB9206979LDprB
 1        inter-track wagering location licensee  facility  to  the
 2        Horse  Racing  Tax Allocation Fund, provided that, to the
 3        extent the total amount collected and distributed to  the
 4        Horse  Racing  Tax  Allocation Fund under this subsection
 5        (h) during any calendar year exceeds the amount collected
 6        and distributed to the Horse Racing Tax  Allocation  Fund
 7        during  calendar  year  1994, that excess amount shall be
 8        redistributed (I) to all  inter-track  wagering  location
 9        licensees, based on each licensee's pro-rata share of the
10        total  handle  from  inter-track  wagering  and simulcast
11        wagering for all inter-track wagering location  licensees
12        during  the  calendar  year  in  which  this provision is
13        applicable; then (II) the amounts redistributed  to  each
14        inter-track  wagering  location  licensee as described in
15        subpart (I) shall be further redistributed as provided in
16        subparagraph (B) of paragraph (5) of  subsection  (g)  of
17        this  Section 26 provided first, that the shares of those
18        amounts, which are to be redistributed to the host  track
19        or  to purses at the host track under subparagraph (B) of
20        paragraph (5) of subsection (g) of this Section 26  shall
21        be  redistributed  based  on  each  host track's pro rata
22        share of the total  inter-track  wagering  and  simulcast
23        wagering  handle  at  all host tracks during the calendar
24        year  in  question,  and   second,   that   any   amounts
25        redistributed  as described in part (I) to an inter-track
26        wagering location licensee that accepts wagers  on  races
27        conducted  by  an  organization  licensee that conducts a
28        race meet in a county with  a  population  in  excess  of
29        230,000  and  that borders the Mississippi River shall be
30        further redistributed as provided  in  subparagraphs  (D)
31        and  (E)  of  paragraph  (7)  of  subsection  (g) of this
32        Section  26,   with   the   portion   of   that   further
33        redistribution  allocated  to purses at that organization
34        licensee to be divided between  standardbred  purses  and
 
                            -19-              LRB9206979LDprB
 1        thoroughbred   purses  based  on  the  amounts  otherwise
 2        allocated to purses at that organization licensee  during
 3        the  calendar  year  in  question;   and  (iv)  8% of the
 4        pari-mutuel handle on  inter-track  wagering  wagered  at
 5        such  location  to  satisfy  all  costs  and  expenses of
 6        conducting its wagering.  The  remainder  of  the  monies
 7        retained  by  the  inter-track wagering location licensee
 8        shall be allocated 40% to the location licensee  and  60%
 9        to  the organization licensee which provides the Illinois
10        races to the location, except that an intertrack wagering
11        location licensee that derives its license from  a  track
12        located  in  a  county  with  a  population  in excess of
13        230,000 and that borders the Mississippi River shall  not
14        divide  any  remaining  retention  with  the organization
15        licensee  that  provides  the  race  or  races   and   an
16        intertrack wagering location licensee that accepts wagers
17        on  races  conducted  by  an  organization  licensee that
18        conducts a race meet in a county  with  a  population  in
19        excess  of 230,000 and that borders the Mississippi River
20        shall  not  divide  any  remaining  retention  with   the
21        organization  licensee. Notwithstanding the provisions of
22        clauses (ii) and (iv) of this paragraph, in the  case  of
23        the  additional  inter-track  wagering  location licenses
24        authorized under paragraph (1) of this subsection (h)  by
25        this  amendatory  Act  of 1991, those licensees shall pay
26        the following amounts as  purses:  during  the  first  12
27        months  the  licensee  is  in  operation,  5.25%  of  the
28        pari-mutuel  handle  wagered  at  the  location on races;
29        during the second 12 months, 5.25%; during the  third  12
30        months,  5.75%;  during  the fourth 12 months, 6.25%; and
31        during the fifth 12 months  and  thereafter,  6.75%.  The
32        following  amounts  shall  be retained by the licensee to
33        satisfy  all  costs  and  expenses  of   conducting   its
34        wagering:  during  the first 12 months the licensee is in
 
                            -20-              LRB9206979LDprB
 1        operation, 8.25% of the pari-mutuel handle wagered at the
 2        location; during the second 12 months, 8.25%; during  the
 3        third  12  months,  7.75%;  during  the fourth 12 months,
 4        7.25%; and during the fifth  12  months  and  thereafter,
 5        6.75%.   For   additional  intertrack  wagering  location
 6        licensees authorized under this amendatory Act  of  1995,
 7        purses  for  the  first  12  months  the  licensee  is in
 8        operation shall be 5.75% of the  pari-mutuel  wagered  at
 9        the  location,  purses  for  the  second  12  months  the
10        licensee  is  in  operation  shall  be  6.25%, and purses
11        thereafter shall be  6.75%.   For  additional  intertrack
12        location  licensees  authorized under this amendatory Act
13        of 1995, the licensee  shall  be  allowed  to  retain  to
14        satisfy  all costs and expenses: 7.75% of the pari-mutuel
15        handle wagered at the location during its first 12 months
16        of operation,  7.25%  during  its  second  12  months  of
17        operation, and 6.75% thereafter.
18             (C)  There  is  hereby  created the Horse Racing Tax
19        Allocation Fund which shall  remain  in  existence  until
20        December  31,  1999.   Moneys remaining in the Fund after
21        December 31, 1999 shall be paid into the General  Revenue
22        Fund.   Until  January  1, 2000, all monies paid into the
23        Horse  Racing  Tax  Allocation  Fund  pursuant  to   this
24        paragraph (11) by inter-track wagering location licensees
25        located  in park districts of 500,000 population or less,
26        or in a municipality that is not included within any park
27        district but is included within a  conservation  district
28        and is the county seat of a county that (i) is contiguous
29        to the state of Indiana and (ii) has a 1990 population of
30        88,257  according  to  the  United  States  Bureau of the
31        Census, and operating on May 1, 1994 shall  be  allocated
32        by appropriation as follows:
33                  Two-sevenths  to the Department of Agriculture.
34             Fifty percent of this two-sevenths shall be used  to
 
                            -21-              LRB9206979LDprB
 1             promote  the  Illinois  horse  racing  and  breeding
 2             industry, and shall be distributed by the Department
 3             of   Agriculture  upon  the  advice  of  a  9-member
 4             committee appointed by the  Governor  consisting  of
 5             the  following members: the Director of Agriculture,
 6             who shall serve as chairman;  2  representatives  of
 7             organization  licensees conducting thoroughbred race
 8             meetings  in  this  State,  recommended   by   those
 9             licensees;   2   representatives   of   organization
10             licensees  conducting  standardbred race meetings in
11             this  State,  recommended  by  those  licensees;   a
12             representative of the Illinois Thoroughbred Breeders
13             and   Owners   Foundation,   recommended   by   that
14             Foundation;   a   representative   of  the  Illinois
15             Standardbred  Owners   and   Breeders   Association,
16             recommended by that Association; a representative of
17             the Horsemen's Benevolent and Protective Association
18             or any successor organization thereto established in
19             Illinois  comprised  of the largest number of owners
20             and trainers, recommended  by  that  Association  or
21             that successor organization; and a representative of
22             the   Illinois   Harness   Horsemen's   Association,
23             recommended  by that Association.  Committee members
24             shall serve for terms of 2 years, commencing January
25             1 of each even-numbered year.  If  a  representative
26             of  any  of  the  above-named  entities has not been
27             recommended by January 1 of any even-numbered  year,
28             the  Governor  shall  appoint  a committee member to
29             fill that position.  Committee members shall receive
30             no compensation for their services  as  members  but
31             shall  be  reimbursed  for  all actual and necessary
32             expenses   and   disbursements   incurred   in   the
33             performance of their official duties.  The remaining
34             50% of this two-sevenths  shall  be  distributed  to
 
                            -22-              LRB9206979LDprB
 1             county  fairs for premiums and rehabilitation as set
 2             forth in the Agricultural Fair Act;
 3                  Four-sevenths    to    park    districts     or
 4             municipalities  that  do not have a park district of
 5             500,000 population or less for museum  purposes  (if
 6             an inter-track wagering location licensee is located
 7             in   such   a  park  district)  or  to  conservation
 8             districts for museum  purposes  (if  an  inter-track
 9             wagering   location   licensee   is   located  in  a
10             municipality that is not included  within  any  park
11             district  but  is  included  within  a  conservation
12             district and is the county seat of a county that (i)
13             is contiguous to the state of Indiana and (ii) has a
14             1990  population  of  88,257 according to the United
15             States Bureau of the  Census,  except  that  if  the
16             conservation  district  does  not maintain a museum,
17             the monies shall be allocated  equally  between  the
18             county and the municipality in which the inter-track
19             wagering  location  licensee  is located for general
20             purposes) or to a  municipal  recreation  board  for
21             park  purposes  (if an inter-track wagering location
22             licensee is located in a municipality  that  is  not
23             included   within   any   park   district  and  park
24             maintenance  is  the  function  of   the   municipal
25             recreation  board  and  the  municipality has a 1990
26             population of 9,302 according to the  United  States
27             Bureau  of the Census); provided that the monies are
28             distributed to each park  district  or  conservation
29             district  or  municipality that does not have a park
30             district in an amount equal to four-sevenths of  the
31             amount   collected   by  each  inter-track  wagering
32             location  licensee  within  the  park  district   or
33             conservation  district or municipality for the Fund.
34             Monies that were paid  into  the  Horse  Racing  Tax
 
                            -23-              LRB9206979LDprB
 1             Allocation  Fund  before  the effective date of this
 2             amendatory Act of 1991 by  an  inter-track  wagering
 3             location  licensee located in a municipality that is
 4             not  included  within  any  park  district  but   is
 5             included  within a conservation district as provided
 6             in this paragraph  shall,  as  soon  as  practicable
 7             after  the  effective date of this amendatory Act of
 8             1991, be allocated and  paid  to  that  conservation
 9             district  as  provided  in  this paragraph. Any park
10             district or municipality not  maintaining  a  museum
11             may  deposit the monies in the corporate fund of the
12             park district or municipality where the  inter-track
13             wagering location is located, to be used for general
14             purposes; and
15                  One-seventh to the Agricultural Premium Fund to
16             be   used  for  distribution  to  agricultural  home
17             economics extension councils in accordance with  "An
18             Act  in  relation to additional support and finances
19             for the Agricultural  and  Home  Economic  Extension
20             Councils  in  the several counties of this State and
21             making an appropriation therefor", approved July 24,
22             1967.
23             Until January 1, 2000, all other  monies  paid  into
24        the  Horse  Racing  Tax  Allocation Fund pursuant to this
25        paragraph (11) shall be  allocated  by  appropriation  as
26        follows:
27                  Two-sevenths  to the Department of Agriculture.
28             Fifty percent of this two-sevenths shall be used  to
29             promote  the  Illinois  horse  racing  and  breeding
30             industry, and shall be distributed by the Department
31             of   Agriculture  upon  the  advice  of  a  9-member
32             committee appointed by the  Governor  consisting  of
33             the  following members: the Director of Agriculture,
34             who shall serve as chairman;  2  representatives  of
 
                            -24-              LRB9206979LDprB
 1             organization  licensees conducting thoroughbred race
 2             meetings  in  this  State,  recommended   by   those
 3             licensees;   2   representatives   of   organization
 4             licensees  conducting  standardbred race meetings in
 5             this  State,  recommended  by  those  licensees;   a
 6             representative of the Illinois Thoroughbred Breeders
 7             and   Owners   Foundation,   recommended   by   that
 8             Foundation;   a   representative   of  the  Illinois
 9             Standardbred  Owners   and   Breeders   Association,
10             recommended by that Association; a representative of
11             the Horsemen's Benevolent and Protective Association
12             or any successor organization thereto established in
13             Illinois  comprised  of the largest number of owners
14             and trainers, recommended  by  that  Association  or
15             that successor organization; and a representative of
16             the   Illinois   Harness   Horsemen's   Association,
17             recommended  by that Association.  Committee members
18             shall serve for terms of 2 years, commencing January
19             1 of each even-numbered year.  If  a  representative
20             of  any  of  the  above-named  entities has not been
21             recommended by January 1 of any even-numbered  year,
22             the  Governor  shall  appoint  a committee member to
23             fill that position.  Committee members shall receive
24             no compensation for their services  as  members  but
25             shall  be  reimbursed  for  all actual and necessary
26             expenses   and   disbursements   incurred   in   the
27             performance of their official duties.  The remaining
28             50% of this two-sevenths  shall  be  distributed  to
29             county  fairs for premiums and rehabilitation as set
30             forth in the Agricultural Fair Act;
31                  Four-sevenths to museums and aquariums  located
32             in   park  districts  of  over  500,000  population;
33             provided  that  the  monies   are   distributed   in
34             accordance  with the previous year's distribution of
 
                            -25-              LRB9206979LDprB
 1             the maintenance tax for such museums  and  aquariums
 2             as  provided  in  Section  2  of  the  Park District
 3             Aquarium and Museum Act; and
 4                  One-seventh to the Agricultural Premium Fund to
 5             be  used  for  distribution  to  agricultural   home
 6             economics  extension councils in accordance with "An
 7             Act in relation to additional support  and  finances
 8             for  the  Agricultural  and  Home Economic Extension
 9             Councils in the several counties of this  State  and
10             making an appropriation therefor", approved July 24,
11             1967. This subparagraph (C) shall be inoperative and
12             of no force and effect on and after January 1, 2000.
13                  (D)  Except  as  provided  in paragraph (11) of
14             this  subsection  (h),   with   respect   to   purse
15             allocation  from  intertrack wagering, the monies so
16             retained shall be divided as follows:
17                       (i)  If the inter-track wagering licensee,
18                  except an  intertrack  wagering  licensee  that
19                  derives   its   license  from  an  organization
20                  licensee located in a county with a  population
21                  in   excess  of  230,000  and  bounded  by  the
22                  Mississippi River, is not  conducting  its  own
23                  race  meeting  during  the same dates, then the
24                  entire purse allocation shall be to  purses  at
25                  the  track where the races wagered on are being
26                  conducted.
27                       (ii)  If    the    inter-track    wagering
28                  licensee,   except   an   intertrack   wagering
29                  licensee  that  derives  its  license  from  an
30                  organization licensee located in a county  with
31                  a  population  in excess of 230,000 and bounded
32                  by the Mississippi River,  is  also  conducting
33                  its  own  race  meeting  during the same dates,
34                  then the purse allocation shall be as  follows:
 
                            -26-              LRB9206979LDprB
 1                  50%  to  purses  at  the  track where the races
 2                  wagered on are being conducted; 50%  to  purses
 3                  at  the  track  where  the inter-track wagering
 4                  licensee is accepting such wagers.
 5                       (iii)  If  the  inter-track  wagering   is
 6                  being  conducted  by  an  inter-track  wagering
 7                  location   licensee,   except   an   intertrack
 8                  wagering  location  licensee  that  derives its
 9                  license from an organization  licensee  located
10                  in  a  county  with  a  population in excess of
11                  230,000 and bounded by the  Mississippi  River,
12                  the  entire purse allocation for Illinois races
13                  shall be to purses at the track where the  race
14                  meeting being wagered on is being held.
15             (12)  The  Board shall have all powers necessary and
16        proper to fully supervise  and  control  the  conduct  of
17        inter-track    wagering   and   simulcast   wagering   by
18        inter-track wagering licensees and  inter-track  wagering
19        location  licensees,  including,  but  not limited to the
20        following:
21                  (A)  The  Board  is  vested   with   power   to
22             promulgate  reasonable rules and regulations for the
23             purpose  of  administering  the  conduct   of   this
24             wagering   and   to   prescribe   reasonable  rules,
25             regulations and conditions under which such wagering
26             shall  be  held  and  conducted.   Such  rules   and
27             regulations  are  to  provide  for the prevention of
28             practices detrimental to the public interest and for
29             the best interests of said wagering  and  to  impose
30             penalties for violations thereof.
31                  (B)  The  Board,  and  any person or persons to
32             whom it delegates this power,  is  vested  with  the
33             power  to  enter  the  facilities of any licensee to
34             determine whether there has been compliance with the
 
                            -27-              LRB9206979LDprB
 1             provisions of this Act and the rules and regulations
 2             relating to the conduct of such wagering.
 3                  (C)  The Board, and any person  or  persons  to
 4             whom  it  delegates this power, may eject or exclude
 5             from any licensee's  facilities,  any  person  whose
 6             conduct  or  reputation is such that his presence on
 7             such premises may, in the opinion of the Board, call
 8             into the question the honesty and integrity  of,  or
 9             interfere with the orderly conduct of such wagering;
10             provided,  however, that no person shall be excluded
11             or ejected from such premises solely on the  grounds
12             of race, color, creed, national origin, ancestry, or
13             sex.
14                  (D)  (Blank).
15                  (E)  The  Board  is  vested  with  the power to
16             appoint delegates  to  execute  any  of  the  powers
17             granted  to it under this Section for the purpose of
18             administering  this  wagering  and  any  rules   and
19             regulations promulgated in accordance with this Act.
20                  (F)  The  Board  shall name and appoint a State
21             director  of  this   wagering   who   shall   be   a
22             representative  of the Board and whose duty it shall
23             be to supervise the conduct of inter-track  wagering
24             as  may be provided for by the rules and regulations
25             of  the  Board;  such  rules  and  regulation  shall
26             specify the method of appointment and the Director's
27             powers, authority and duties.
28                  (G)  The Board is  vested  with  the  power  to
29             impose  civil  penalties  of  up  to  $5,000 against
30             individuals and up to $10,000 against licensees  for
31             each violation of any provision of this Act relating
32             to  the  conduct of this wagering, any rules adopted
33             by the Board, any order of the Board  or  any  other
34             action   which  in  the  Board's  discretion,  is  a
 
                            -28-              LRB9206979LDprB
 1             detriment or impediment to such wagering.
 2             (13)  The Department of Agriculture may  enter  into
 3        agreements  with  licensees authorizing such licensees to
 4        conduct inter-track wagering on races to be held  at  the
 5        licensed  race  meetings  conducted  by the Department of
 6        Agriculture.   Such agreement shall specify the races  of
 7        the  Department  of  Agriculture's  licensed race meeting
 8        upon which the licensees will conduct wagering.   In  the
 9        event  that  a  licensee conducts inter-track pari-mutuel
10        wagering on races from the Illinois State Fair or DuQuoin
11        State Fair  which  are  in  addition  to  the  licensee's
12        previously  approved racing program, those races shall be
13        considered a separate  racing  day  for  the  purpose  of
14        determining  the daily handle and computing the privilege
15        or pari-mutuel tax on that daily handle  as  provided  in
16        Sections  27 and 27.1.  Such agreements shall be approved
17        by the Board before such wagering may be  conducted.   In
18        determining  whether  to  grant approval, the Board shall
19        give due consideration  to  the  best  interests  of  the
20        public and of horse racing.  The provisions of paragraphs
21        (1),  (8),  (8.1),  and  (8.2)  of subsection (h) of this
22        Section which are not specified in  this  paragraph  (13)
23        shall  not  apply  to licensed race meetings conducted by
24        the Department of Agriculture at the Illinois State  Fair
25        in  Sangamon  County  or  the DuQuoin State Fair in Perry
26        County, or  to  any  wagering  conducted  on  those  race
27        meetings.
28        (i)  Notwithstanding  the  other  provisions of this Act,
29    the conduct of wagering at wagering facilities is  authorized
30    on  all  days, except as limited by subsection (b) of Section
31    19 of this Act.
32    (Source: P.A. 91-40, eff. 6-25-99.)

33        Section 99.  Effective date.  This Act takes effect  upon
 
                            -29-              LRB9206979LDprB
 1    becoming law.

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