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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.or19at a track located in a county that is bounded by the20Mississippi River, which has a population of less than21150,000 according to the 1990 decennial census, and an22average of at least 60 days of racing per year between231985 and 1993 may be issued an inter-track wagering24license.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.