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92_HB1069enr HB1069 Enrolled 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 HB1069 Enrolled -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 HB1069 Enrolled -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 HB1069 Enrolled -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 HB1069 Enrolled -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 HB1069 Enrolled -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 HB1069 Enrolled -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 HB1069 Enrolled -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 (7.1) Notwithstanding any other provision of this 9 Act to the contrary, if no standardbred racing is 10 conducted at a racetrack located in Madison County during 11 any calendar year beginning on or after January 1, 2002, 12 all moneys derived by that racetrack from simulcast 13 wagering and inter-track wagering that (1) are to be used 14 for purses and (2) are generated between the hours of 15 6:30 p.m. and 6:30 a.m. during that calendar year shall 16 be paid as follows: 17 (A) If the licensee that conducts horse racing 18 at that racetrack requests from the Board at least 19 as many racing dates as were conducted in calendar 20 year 2000, 80% shall be paid to its thoroughbred 21 purse account; and 22 (B) Twenty percent shall be deposited into the 23 Illinois Colt Stakes Purse Distribution Fund and 24 shall be paid to purses for standardbred races for 25 Illinois conceived and foaled horses conducted at 26 any county fairgrounds. The moneys deposited into 27 the Fund pursuant to this subparagraph (B) shall be 28 deposited within 2 weeks after the day they were 29 generated, shall be in addition to and not in lieu 30 of any other moneys paid to standardbred purses 31 under this Act, and shall not be commingled with 32 other moneys paid into that Fund. The moneys 33 deposited pursuant to this subparagraph (B) shall be 34 allocated as provided by the Department of HB1069 Enrolled -9- LRB9206979LDprB 1 Agriculture, with the advice and assistance of the 2 Illinois Standardbred Breeders Fund Advisory Board. 3 (7.2) Notwithstanding any other provision of this 4 Act to the contrary, if no thoroughbred racing is 5 conducted at a racetrack located in Madison County during 6 any calendar year beginning on or after January 1, 2002, 7 all moneys derived by that racetrack from simulcast 8 wagering and inter-track wagering that (1) are to be used 9 for purses and (2) are generated between the hours of 10 6:30 a.m. and 6:30 p.m. during that calendar year shall 11 be deposited as follows: 12 (A) If the licensee that conducts horse racing 13 at that racetrack requests from the Board at least 14 as many racing dates as were conducted in calendar 15 year 2000, 80% shall be deposited into its 16 standardbred purse account; and 17 (B) Twenty percent shall be deposited into the 18 Illinois Colt Stakes Purse Distribution Fund. 19 Moneys deposited into the Illinois Colt Stakes Purse 20 Distribution Fund pursuant to this subparagraph (B) 21 shall be paid to Illinois conceived and foaled 22 thoroughbred breeders' programs and to thoroughbred 23 purses for races conducted at any county fairgrounds 24 for Illinois conceived and foaled horses at the 25 discretion of the Department of Agriculture, with 26 the advice and assistance of the Illinois 27 Thoroughbred Breeders Fund Advisory Board. The 28 moneys deposited into the Illinois Colt Stakes Purse 29 Distribution Fund pursuant to this subparagraph (B) 30 shall be deposited within 2 weeks after the day they 31 were generated, shall be in addition to and not in 32 lieu of any other moneys paid to thoroughbred purses 33 under this Act, and shall not be commingled with 34 other moneys deposited into that Fund. HB1069 Enrolled -10- LRB9206979LDprB 1 (7.3) If no live standardbred racing is conducted 2 at a racetrack located in Madison County in calendar year 3 2000 or 2001, an organization licensee who is licensed to 4 conduct horse racing at that racetrack shall, before 5 January 1, 2002, pay all moneys derived from simulcast 6 wagering and inter-track wagering in calendar years 2000 7 and 2001 and paid into the licensee's standardbred purse 8 account as follows: 9 (A) Eighty percent to that licensee's 10 thoroughbred purse account to be used for 11 thoroughbred purses; and 12 (B) Twenty percent to the Illinois Colt Stakes 13 Purse Distribution Fund. 14 Failure to make the payment to the Illinois Colt 15 Stakes Purse Distribution Fund before January 1, 2002 16 shall result in the immediate revocation of the 17 licensee's organization license, inter-track wagering 18 license, and inter-track wagering location license. 19 Moneys paid into the Illinois Colt Stakes Purse 20 Distribution Fund pursuant to this paragraph (7.3) shall 21 be paid to purses for standardbred races for Illinois 22 conceived and foaled horses conducted at any county 23 fairgrounds. Moneys paid into the Illinois Colt Stakes 24 Purse Distribution Fund pursuant to this paragraph (7.3) 25 shall be used as determined by the Department of 26 Agriculture, with the advice and assistance of the 27 Illinois Standardbred Breeders Fund Advisory Board, shall 28 be in addition to and not in lieu of any other moneys 29 paid to standardbred purses under this Act, and shall not 30 be commingled with any other moneys paid into that Fund. 31 (7.4) If live standardbred racing is conducted at a 32 racetrack located in Madison County at any time in 33 calendar year 2001 before the payment required under 34 paragraph (7.3) has been made, the organization licensee HB1069 Enrolled -11- LRB9206979LDprB 1 who is licensed to conduct racing at that racetrack shall 2 pay all moneys derived by that racetrack from simulcast 3 wagering and inter-track wagering during calendar years 4 2000 and 2001 that (1) are to be used for purses and (2) 5 are generated between the hours of 6:30 p.m. and 6:30 6 a.m. during 2000 or 2001 to the standardbred purse 7 account at that racetrack to be used for standardbred 8 purses. 9 (8) Notwithstanding any provision in this Act to 10 the contrary, an organization licensee from a track 11 located in a county with a population in excess of 12 230,000 and that borders the Mississippi River and its 13 affiliated non-host licensees shall not be entitled to 14 share in any retention generated on racing, inter-track 15 wagering, or simulcast wagering at any other Illinois 16 wagering facility. 17 (8.1) Notwithstanding any provisions in this Act to 18 the contrary, if 2 organization licensees are conducting 19 standardbred race meetings concurrently between the hours 20 of 6:30 p.m. and 6:30 a.m., after payment of all 21 applicable State and local taxes and interstate 22 commission fees, the remainder of the amount retained 23 from simulcast wagering otherwise attributable to the 24 host track and to host track purses shall be split daily 25 between the 2 organization licensees and the purses at 26 the tracks of the 2 organization licensees, respectively, 27 based on each organization licensee's share of the total 28 live handle for that day, provided that this provision 29 shall not apply to any non-host licensee that derives its 30 license from a track located in a county with a 31 population in excess of 230,000 and that borders the 32 Mississippi River. 33 (9) (Blank). 34 (10) (Blank). HB1069 Enrolled -12- LRB9206979LDprB 1 (11) (Blank). 2 (12) The Board shall have authority to compel all 3 host tracks to receive the simulcast of any or all races 4 conducted at the Springfield or DuQuoin State fairgrounds 5 and include all such races as part of their simulcast 6 programs. 7 (13) Notwithstanding any other provision of this 8 Act, in the event that the total Illinois pari-mutuel 9 handle on Illinois horse races at all wagering facilities 10 in any calendar year is less than 75% of the total 11 Illinois pari-mutuel handle on Illinois horse races at 12 all such wagering facilities for calendar year 1994, then 13 each wagering facility that has an annual total Illinois 14 pari-mutuel handle on Illinois horse races that is less 15 than 75% of the total Illinois pari-mutuel handle on 16 Illinois horse races at such wagering facility for 17 calendar year 1994, shall be permitted to receive, from 18 any amount otherwise payable to the purse account at the 19 race track with which the wagering facility is affiliated 20 in the succeeding calendar year, an amount equal to 2% of 21 the differential in total Illinois pari-mutuel handle on 22 Illinois horse races at the wagering facility between 23 that calendar year in question and 1994 provided, 24 however, that a wagering facility shall not be entitled 25 to any such payment until the Board certifies in writing 26 to the wagering facility the amount to which the wagering 27 facility is entitled and a schedule for payment of the 28 amount to the wagering facility, based on: (i) the racing 29 dates awarded to the race track affiliated with the 30 wagering facility during the succeeding year; (ii) the 31 sums available or anticipated to be available in the 32 purse account of the race track affiliated with the 33 wagering facility for purses during the succeeding year; 34 and (iii) the need to ensure reasonable purse levels HB1069 Enrolled -13- LRB9206979LDprB 1 during the payment period. The Board's certification 2 shall be provided no later than January 31 of the 3 succeeding year. In the event a wagering facility 4 entitled to a payment under this paragraph (13) is 5 affiliated with a race track that maintains purse 6 accounts for both standardbred and thoroughbred racing, 7 the amount to be paid to the wagering facility shall be 8 divided between each purse account pro rata, based on the 9 amount of Illinois handle on Illinois standardbred and 10 thoroughbred racing respectively at the wagering facility 11 during the previous calendar year. Annually, the General 12 Assembly shall appropriate sufficient funds from the 13 General Revenue Fund to the Department of Agriculture for 14 payment into the thoroughbred and standardbred horse 15 racing purse accounts at Illinois pari-mutuel tracks. 16 The amount paid to each purse account shall be the amount 17 certified by the Illinois Racing Board in January to be 18 transferred from each account to each eligible racing 19 facility in accordance with the provisions of this 20 Section. 21 (h) The Board may approve and license the conduct of 22 inter-track wagering and simulcast wagering by inter-track 23 wagering licensees and inter-track wagering location 24 licensees subject to the following terms and conditions: 25 (1) Any person licensed to conduct a race meeting 26 (i) at a track where 60 or more days of racing were 27 conducted during the immediately preceding calendar year 28 or where over the 5 immediately preceding calendar years 29 an average of 30 or more days of racing were conducted 30 annually may be issued an inter-track wagering license; 31 (ii)orat a track located in a county that is bounded by 32 the Mississippi River, which has a population of less 33 than 150,000 according to the 1990 decennial census, and 34 an average of at least 60 days of racing per year between HB1069 Enrolled -14- LRB9206979LDprB 1 1985 and 1993 may be issued an inter-track wagering 2 license; or (iii) at a track located in Madison County 3 that conducted at least 100 days of live racing during 4 the immediately preceding calendar year may be issued an 5 inter-track wagering license, unless a lesser schedule of 6 live racing is the result of (A) weather, unsafe track 7 conditions, or other acts of God; (B) an agreement 8 between the organization licensee and the associations 9 representing the largest number of owners, trainers, 10 jockeys, or standardbred drivers who race horses at that 11 organization licensee's racing meeting; or (C) a finding 12 by the Board of extraordinary circumstances and that it 13 was in the best interest of the public and the sport to 14 conduct fewer than 100 days of live racing. Any such 15 person having operating control of the racing facility 16 may also receive up to 6 inter-track wagering location 17 licenses. In no event shall more than 6 inter-track 18 wagering locations be established for each eligible race 19 track, except that an eligible race track located in a 20 county that has a population of more than 230,000 and 21 that is bounded by the Mississippi River may establish up 22 to 7 inter-track wagering locations. An application for 23 said license shall be filed with the Board prior to such 24 dates as may be fixed by the Board. With an application 25 for an inter-track wagering location license there shall 26 be delivered to the Board a certified check or bank draft 27 payable to the order of the Board for an amount equal to 28 $500. The application shall be on forms prescribed and 29 furnished by the Board. The application shall comply 30 with all other rules, regulations and conditions imposed 31 by the Board in connection therewith. 32 (2) The Board shall examine the applications with 33 respect to their conformity with this Act and the rules 34 and regulations imposed by the Board. If found to be in HB1069 Enrolled -15- LRB9206979LDprB 1 compliance with the Act and rules and regulations of the 2 Board, the Board may then issue a license to conduct 3 inter-track wagering and simulcast wagering to such 4 applicant. All such applications shall be acted upon by 5 the Board at a meeting to be held on such date as may be 6 fixed by the Board. 7 (3) In granting licenses to conduct inter-track 8 wagering and simulcast wagering, the Board shall give due 9 consideration to the best interests of the public, of 10 horse racing, and of maximizing revenue to the State. 11 (4) Prior to the issuance of a license to conduct 12 inter-track wagering and simulcast wagering, the 13 applicant shall file with the Board a bond payable to the 14 State of Illinois in the sum of $50,000, executed by the 15 applicant and a surety company or companies authorized to 16 do business in this State, and conditioned upon (i) the 17 payment by the licensee of all taxes due under Section 27 18 or 27.1 and any other monies due and payable under this 19 Act, and (ii) distribution by the licensee, upon 20 presentation of the winning ticket or tickets, of all 21 sums payable to the patrons of pari-mutuel pools. 22 (5) Each license to conduct inter-track wagering 23 and simulcast wagering shall specify the person to whom 24 it is issued, the dates on which such wagering is 25 permitted, and the track or location where the wagering 26 is to be conducted. 27 (6) All wagering under such license is subject to 28 this Act and to the rules and regulations from time to 29 time prescribed by the Board, and every such license 30 issued by the Board shall contain a recital to that 31 effect. 32 (7) An inter-track wagering licensee or inter-track 33 wagering location licensee may accept wagers at the track 34 or location where it is licensed, or as otherwise HB1069 Enrolled -16- LRB9206979LDprB 1 provided under this Act. 2 (8) Inter-track wagering or simulcast wagering 3 shall not be conducted at any track less than 5 miles 4 from a track at which a racing meeting is in progress. 5 (8.1) Inter-track wagering location licensees who 6 derive their licenses from a particular organization 7 licensee shall conduct inter-track wagering and simulcast 8 wagering only at locations which are either within 90 9 miles of that race track where the particular 10 organization licensee is licensed to conduct racing, or 11 within 135 miles of that race track where the particular 12 organization licensee is licensed to conduct racing in 13 the case of race tracks in counties of less than 400,000 14 that were operating on or before June 1, 1986. However, 15 inter-track wagering and simulcast wagering shall not be 16 conducted by those licensees at any location within 5 17 miles of any race track at which a horse race meeting has 18 been licensed in the current year, unless the person 19 having operating control of such race track has given its 20 written consent to such inter-track wagering location 21 licensees, which consent must be filed with the Board at 22 or prior to the time application is made. 23 (8.2) Inter-track wagering or simulcast wagering 24 shall not be conducted by an inter-track wagering 25 location licensee at any location within 500 feet of an 26 existing church or existing school, nor within 500 feet 27 of the residences of more than 50 registered voters 28 without receiving written permission from a majority of 29 the registered voters at such residences. Such written 30 permission statements shall be filed with the Board. The 31 distance of 500 feet shall be measured to the nearest 32 part of any building used for worship services, education 33 programs, residential purposes, or conducting inter-track 34 wagering by an inter-track wagering location licensee, HB1069 Enrolled -17- LRB9206979LDprB 1 and not to property boundaries. However, inter-track 2 wagering or simulcast wagering may be conducted at a site 3 within 500 feet of a church, school or residences of 50 4 or more registered voters if such church, school or 5 residences have been erected or established, or such 6 voters have been registered, after the Board issues the 7 original inter-track wagering location license at the 8 site in question. Inter-track wagering location licensees 9 may conduct inter-track wagering and simulcast wagering 10 only in areas that are zoned for commercial or 11 manufacturing purposes or in areas for which a special 12 use has been approved by the local zoning authority. 13 However, no license to conduct inter-track wagering and 14 simulcast wagering shall be granted by the Board with 15 respect to any inter-track wagering location within the 16 jurisdiction of any local zoning authority which has, by 17 ordinance or by resolution, prohibited the establishment 18 of an inter-track wagering location within its 19 jurisdiction. However, inter-track wagering and 20 simulcast wagering may be conducted at a site if such 21 ordinance or resolution is enacted after the Board 22 licenses the original inter-track wagering location 23 licensee for the site in question. 24 (9) (Blank). 25 (10) An inter-track wagering licensee or an 26 inter-track wagering location licensee may retain, 27 subject to the payment of the privilege taxes and the 28 purses, an amount not to exceed 17% of all money wagered. 29 Each program of racing conducted by each inter-track 30 wagering licensee or inter-track wagering location 31 licensee shall be considered a separate racing day for 32 the purpose of determining the daily handle and computing 33 the privilege tax or pari-mutuel tax on such daily handle 34 as provided in Section 27. HB1069 Enrolled -18- LRB9206979LDprB 1 (10.1) Except as provided in subsection (g) of 2 Section 27 of this Act, inter-track wagering location 3 licensees shall pay 1% of the pari-mutuel handle at each 4 location to the municipality in which such location is 5 situated and 1% of the pari-mutuel handle at each 6 location to the county in which such location is 7 situated. In the event that an inter-track wagering 8 location licensee is situated in an unincorporated area 9 of a county, such licensee shall pay 2% of the 10 pari-mutuel handle from such location to such county. 11 (10.2) Notwithstanding any other provision of this 12 Act, with respect to intertrack wagering at a race track 13 located in a county that has a population of more than 14 230,000 and that is bounded by the Mississippi River 15 ("the first race track"), or at a facility operated by an 16 inter-track wagering licensee or inter-track wagering 17 location licensee that derives its license from the 18 organization licensee that operates the first race track, 19 on races conducted at the first race track or on races 20 conducted at another Illinois race track and 21 simultaneously televised to the first race track or to a 22 facility operated by an inter-track wagering licensee or 23 inter-track wagering location licensee that derives its 24 license from the organization licensee that operates the 25 first race track, those moneys shall be allocated as 26 follows: 27 (A) That portion of all moneys wagered on 28 standardbred racing that is required under this Act 29 to be paid to purses shall be paid to purses for 30 standardbred races. 31 (B) That portion of all moneys wagered on 32 thoroughbred racing that is required under this Act 33 to be paid to purses shall be paid to purses for 34 thoroughbred races. HB1069 Enrolled -19- LRB9206979LDprB 1 (11) (A) After payment of the privilege or 2 pari-mutuel tax, any other applicable taxes, and the 3 costs and expenses in connection with the gathering, 4 transmission, and dissemination of all data necessary to 5 the conduct of inter-track wagering, the remainder of the 6 monies retained under either Section 26 or Section 26.2 7 of this Act by the inter-track wagering licensee on 8 inter-track wagering shall be allocated with 50% to be 9 split between the 2 participating licensees and 50% to 10 purses, except that an intertrack wagering licensee that 11 derives its license from a track located in a county with 12 a population in excess of 230,000 and that borders the 13 Mississippi River shall not divide any remaining 14 retention with the Illinois organization licensee that 15 provides the race or races, and an intertrack wagering 16 licensee that accepts wagers on races conducted by an 17 organization licensee that conducts a race meet in a 18 county with a population in excess of 230,000 and that 19 borders the Mississippi River shall not divide any 20 remaining retention with that organization licensee. 21 (B) From the sums permitted to be retained pursuant 22 to this Act each inter-track wagering location licensee 23 shall pay (i) the privilege or pari-mutuel tax to the 24 State; (ii) 4.75% of the pari-mutuel handle on intertrack 25 wagering at such location on races as purses, except that 26 an intertrack wagering location licensee that derives its 27 license from a track located in a county with a 28 population in excess of 230,000 and that borders the 29 Mississippi River shall retain all purse moneys for its 30 own purse account consistent with distribution set forth 31 in this subsection (h), and intertrack wagering location 32 licensees that accept wagers on races conducted by an 33 organization licensee located in a county with a 34 population in excess of 230,000 and that borders the HB1069 Enrolled -20- LRB9206979LDprB 1 Mississippi River shall distribute all purse moneys to 2 purses at the operating host track; (iii) until January 3 1, 2000, except as provided in subsection (g) of Section 4 27 of this Act, 1% of the pari-mutuel handle wagered on 5 inter-track wagering and simulcast wagering at each 6 inter-track wagering location licensee facility to the 7 Horse Racing Tax Allocation Fund, provided that, to the 8 extent the total amount collected and distributed to the 9 Horse Racing Tax Allocation Fund under this subsection 10 (h) during any calendar year exceeds the amount collected 11 and distributed to the Horse Racing Tax Allocation Fund 12 during calendar year 1994, that excess amount shall be 13 redistributed (I) to all inter-track wagering location 14 licensees, based on each licensee's pro-rata share of the 15 total handle from inter-track wagering and simulcast 16 wagering for all inter-track wagering location licensees 17 during the calendar year in which this provision is 18 applicable; then (II) the amounts redistributed to each 19 inter-track wagering location licensee as described in 20 subpart (I) shall be further redistributed as provided in 21 subparagraph (B) of paragraph (5) of subsection (g) of 22 this Section 26 provided first, that the shares of those 23 amounts, which are to be redistributed to the host track 24 or to purses at the host track under subparagraph (B) of 25 paragraph (5) of subsection (g) of this Section 26 shall 26 be redistributed based on each host track's pro rata 27 share of the total inter-track wagering and simulcast 28 wagering handle at all host tracks during the calendar 29 year in question, and second, that any amounts 30 redistributed as described in part (I) to an inter-track 31 wagering location licensee that accepts wagers on races 32 conducted by an organization licensee that conducts a 33 race meet in a county with a population in excess of 34 230,000 and that borders the Mississippi River shall be HB1069 Enrolled -21- LRB9206979LDprB 1 further redistributed as provided in subparagraphs (D) 2 and (E) of paragraph (7) of subsection (g) of this 3 Section 26, with the portion of that further 4 redistribution allocated to purses at that organization 5 licensee to be divided between standardbred purses and 6 thoroughbred purses based on the amounts otherwise 7 allocated to purses at that organization licensee during 8 the calendar year in question; and (iv) 8% of the 9 pari-mutuel handle on inter-track wagering wagered at 10 such location to satisfy all costs and expenses of 11 conducting its wagering. The remainder of the monies 12 retained by the inter-track wagering location licensee 13 shall be allocated 40% to the location licensee and 60% 14 to the organization licensee which provides the Illinois 15 races to the location, except that an intertrack wagering 16 location licensee that derives its license from a track 17 located in a county with a population in excess of 18 230,000 and that borders the Mississippi River shall not 19 divide any remaining retention with the organization 20 licensee that provides the race or races and an 21 intertrack wagering location licensee that accepts wagers 22 on races conducted by an organization licensee that 23 conducts a race meet in a county with a population in 24 excess of 230,000 and that borders the Mississippi River 25 shall not divide any remaining retention with the 26 organization licensee. Notwithstanding the provisions of 27 clauses (ii) and (iv) of this paragraph, in the case of 28 the additional inter-track wagering location licenses 29 authorized under paragraph (1) of this subsection (h) by 30 this amendatory Act of 1991, those licensees shall pay 31 the following amounts as purses: during the first 12 32 months the licensee is in operation, 5.25% of the 33 pari-mutuel handle wagered at the location on races; 34 during the second 12 months, 5.25%; during the third 12 HB1069 Enrolled -22- LRB9206979LDprB 1 months, 5.75%; during the fourth 12 months, 6.25%; and 2 during the fifth 12 months and thereafter, 6.75%. The 3 following amounts shall be retained by the licensee to 4 satisfy all costs and expenses of conducting its 5 wagering: during the first 12 months the licensee is in 6 operation, 8.25% of the pari-mutuel handle wagered at the 7 location; during the second 12 months, 8.25%; during the 8 third 12 months, 7.75%; during the fourth 12 months, 9 7.25%; and during the fifth 12 months and thereafter, 10 6.75%. For additional intertrack wagering location 11 licensees authorized under this amendatory Act of 1995, 12 purses for the first 12 months the licensee is in 13 operation shall be 5.75% of the pari-mutuel wagered at 14 the location, purses for the second 12 months the 15 licensee is in operation shall be 6.25%, and purses 16 thereafter shall be 6.75%. For additional intertrack 17 location licensees authorized under this amendatory Act 18 of 1995, the licensee shall be allowed to retain to 19 satisfy all costs and expenses: 7.75% of the pari-mutuel 20 handle wagered at the location during its first 12 months 21 of operation, 7.25% during its second 12 months of 22 operation, and 6.75% thereafter. 23 (C) There is hereby created the Horse Racing Tax 24 Allocation Fund which shall remain in existence until 25 December 31, 1999. Moneys remaining in the Fund after 26 December 31, 1999 shall be paid into the General Revenue 27 Fund. Until January 1, 2000, all monies paid into the 28 Horse Racing Tax Allocation Fund pursuant to this 29 paragraph (11) by inter-track wagering location licensees 30 located in park districts of 500,000 population or less, 31 or in a municipality that is not included within any park 32 district but is included within a conservation district 33 and is the county seat of a county that (i) is contiguous 34 to the state of Indiana and (ii) has a 1990 population of HB1069 Enrolled -23- LRB9206979LDprB 1 88,257 according to the United States Bureau of the 2 Census, and operating on May 1, 1994 shall be allocated 3 by appropriation as follows: 4 Two-sevenths to the Department of Agriculture. 5 Fifty percent of this two-sevenths shall be used to 6 promote the Illinois horse racing and breeding 7 industry, and shall be distributed by the Department 8 of Agriculture upon the advice of a 9-member 9 committee appointed by the Governor consisting of 10 the following members: the Director of Agriculture, 11 who shall serve as chairman; 2 representatives of 12 organization licensees conducting thoroughbred race 13 meetings in this State, recommended by those 14 licensees; 2 representatives of organization 15 licensees conducting standardbred race meetings in 16 this State, recommended by those licensees; a 17 representative of the Illinois Thoroughbred Breeders 18 and Owners Foundation, recommended by that 19 Foundation; a representative of the Illinois 20 Standardbred Owners and Breeders Association, 21 recommended by that Association; a representative of 22 the Horsemen's Benevolent and Protective Association 23 or any successor organization thereto established in 24 Illinois comprised of the largest number of owners 25 and trainers, recommended by that Association or 26 that successor organization; and a representative of 27 the Illinois Harness Horsemen's Association, 28 recommended by that Association. Committee members 29 shall serve for terms of 2 years, commencing January 30 1 of each even-numbered year. If a representative 31 of any of the above-named entities has not been 32 recommended by January 1 of any even-numbered year, 33 the Governor shall appoint a committee member to 34 fill that position. Committee members shall receive HB1069 Enrolled -24- LRB9206979LDprB 1 no compensation for their services as members but 2 shall be reimbursed for all actual and necessary 3 expenses and disbursements incurred in the 4 performance of their official duties. The remaining 5 50% of this two-sevenths shall be distributed to 6 county fairs for premiums and rehabilitation as set 7 forth in the Agricultural Fair Act; 8 Four-sevenths to park districts or 9 municipalities that do not have a park district of 10 500,000 population or less for museum purposes (if 11 an inter-track wagering location licensee is located 12 in such a park district) or to conservation 13 districts for museum purposes (if an inter-track 14 wagering location licensee is located in a 15 municipality that is not included within any park 16 district but is included within a conservation 17 district and is the county seat of a county that (i) 18 is contiguous to the state of Indiana and (ii) has a 19 1990 population of 88,257 according to the United 20 States Bureau of the Census, except that if the 21 conservation district does not maintain a museum, 22 the monies shall be allocated equally between the 23 county and the municipality in which the inter-track 24 wagering location licensee is located for general 25 purposes) or to a municipal recreation board for 26 park purposes (if an inter-track wagering location 27 licensee is located in a municipality that is not 28 included within any park district and park 29 maintenance is the function of the municipal 30 recreation board and the municipality has a 1990 31 population of 9,302 according to the United States 32 Bureau of the Census); provided that the monies are 33 distributed to each park district or conservation 34 district or municipality that does not have a park HB1069 Enrolled -25- LRB9206979LDprB 1 district in an amount equal to four-sevenths of the 2 amount collected by each inter-track wagering 3 location licensee within the park district or 4 conservation district or municipality for the Fund. 5 Monies that were paid into the Horse Racing Tax 6 Allocation Fund before the effective date of this 7 amendatory Act of 1991 by an inter-track wagering 8 location licensee located in a municipality that is 9 not included within any park district but is 10 included within a conservation district as provided 11 in this paragraph shall, as soon as practicable 12 after the effective date of this amendatory Act of 13 1991, be allocated and paid to that conservation 14 district as provided in this paragraph. Any park 15 district or municipality not maintaining a museum 16 may deposit the monies in the corporate fund of the 17 park district or municipality where the inter-track 18 wagering location is located, to be used for general 19 purposes; and 20 One-seventh to the Agricultural Premium Fund to 21 be used for distribution to agricultural home 22 economics extension councils in accordance with "An 23 Act in relation to additional support and finances 24 for the Agricultural and Home Economic Extension 25 Councils in the several counties of this State and 26 making an appropriation therefor", approved July 24, 27 1967. 28 Until January 1, 2000, all other monies paid into 29 the Horse Racing Tax Allocation Fund pursuant to this 30 paragraph (11) shall be allocated by appropriation as 31 follows: 32 Two-sevenths to the Department of Agriculture. 33 Fifty percent of this two-sevenths shall be used to 34 promote the Illinois horse racing and breeding HB1069 Enrolled -26- LRB9206979LDprB 1 industry, and shall be distributed by the Department 2 of Agriculture upon the advice of a 9-member 3 committee appointed by the Governor consisting of 4 the following members: the Director of Agriculture, 5 who shall serve as chairman; 2 representatives of 6 organization licensees conducting thoroughbred race 7 meetings in this State, recommended by those 8 licensees; 2 representatives of organization 9 licensees conducting standardbred race meetings in 10 this State, recommended by those licensees; a 11 representative of the Illinois Thoroughbred Breeders 12 and Owners Foundation, recommended by that 13 Foundation; a representative of the Illinois 14 Standardbred Owners and Breeders Association, 15 recommended by that Association; a representative of 16 the Horsemen's Benevolent and Protective Association 17 or any successor organization thereto established in 18 Illinois comprised of the largest number of owners 19 and trainers, recommended by that Association or 20 that successor organization; and a representative of 21 the Illinois Harness Horsemen's Association, 22 recommended by that Association. Committee members 23 shall serve for terms of 2 years, commencing January 24 1 of each even-numbered year. If a representative 25 of any of the above-named entities has not been 26 recommended by January 1 of any even-numbered year, 27 the Governor shall appoint a committee member to 28 fill that position. Committee members shall receive 29 no compensation for their services as members but 30 shall be reimbursed for all actual and necessary 31 expenses and disbursements incurred in the 32 performance of their official duties. The remaining 33 50% of this two-sevenths shall be distributed to 34 county fairs for premiums and rehabilitation as set HB1069 Enrolled -27- LRB9206979LDprB 1 forth in the Agricultural Fair Act; 2 Four-sevenths to museums and aquariums located 3 in park districts of over 500,000 population; 4 provided that the monies are distributed in 5 accordance with the previous year's distribution of 6 the maintenance tax for such museums and aquariums 7 as provided in Section 2 of the Park District 8 Aquarium and Museum Act; and 9 One-seventh to the Agricultural Premium Fund to 10 be used for distribution to agricultural home 11 economics extension councils in accordance with "An 12 Act in relation to additional support and finances 13 for the Agricultural and Home Economic Extension 14 Councils in the several counties of this State and 15 making an appropriation therefor", approved July 24, 16 1967. This subparagraph (C) shall be inoperative and 17 of no force and effect on and after January 1, 2000. 18 (D) Except as provided in paragraph (11) of 19 this subsection (h), with respect to purse 20 allocation from intertrack wagering, the monies so 21 retained shall be divided as follows: 22 (i) If the inter-track wagering licensee, 23 except an intertrack wagering licensee that 24 derives its license from an organization 25 licensee located in a county with a population 26 in excess of 230,000 and bounded by the 27 Mississippi River, is not conducting its own 28 race meeting during the same dates, then the 29 entire purse allocation shall be to purses at 30 the track where the races wagered on are being 31 conducted. 32 (ii) If the inter-track wagering 33 licensee, except an intertrack wagering 34 licensee that derives its license from an HB1069 Enrolled -28- LRB9206979LDprB 1 organization licensee located in a county with 2 a population in excess of 230,000 and bounded 3 by the Mississippi River, is also conducting 4 its own race meeting during the same dates, 5 then the purse allocation shall be as follows: 6 50% to purses at the track where the races 7 wagered on are being conducted; 50% to purses 8 at the track where the inter-track wagering 9 licensee is accepting such wagers. 10 (iii) If the inter-track wagering is 11 being conducted by an inter-track wagering 12 location licensee, except an intertrack 13 wagering location licensee that derives its 14 license from an organization licensee located 15 in a county with a population in excess of 16 230,000 and bounded by the Mississippi River, 17 the entire purse allocation for Illinois races 18 shall be to purses at the track where the race 19 meeting being wagered on is being held. 20 (12) The Board shall have all powers necessary and 21 proper to fully supervise and control the conduct of 22 inter-track wagering and simulcast wagering by 23 inter-track wagering licensees and inter-track wagering 24 location licensees, including, but not limited to the 25 following: 26 (A) The Board is vested with power to 27 promulgate reasonable rules and regulations for the 28 purpose of administering the conduct of this 29 wagering and to prescribe reasonable rules, 30 regulations and conditions under which such wagering 31 shall be held and conducted. Such rules and 32 regulations are to provide for the prevention of 33 practices detrimental to the public interest and for 34 the best interests of said wagering and to impose HB1069 Enrolled -29- LRB9206979LDprB 1 penalties for violations thereof. 2 (B) The Board, and any person or persons to 3 whom it delegates this power, is vested with the 4 power to enter the facilities of any licensee to 5 determine whether there has been compliance with the 6 provisions of this Act and the rules and regulations 7 relating to the conduct of such wagering. 8 (C) The Board, and any person or persons to 9 whom it delegates this power, may eject or exclude 10 from any licensee's facilities, any person whose 11 conduct or reputation is such that his presence on 12 such premises may, in the opinion of the Board, call 13 into the question the honesty and integrity of, or 14 interfere with the orderly conduct of such wagering; 15 provided, however, that no person shall be excluded 16 or ejected from such premises solely on the grounds 17 of race, color, creed, national origin, ancestry, or 18 sex. 19 (D) (Blank). 20 (E) The Board is vested with the power to 21 appoint delegates to execute any of the powers 22 granted to it under this Section for the purpose of 23 administering this wagering and any rules and 24 regulations promulgated in accordance with this Act. 25 (F) The Board shall name and appoint a State 26 director of this wagering who shall be a 27 representative of the Board and whose duty it shall 28 be to supervise the conduct of inter-track wagering 29 as may be provided for by the rules and regulations 30 of the Board; such rules and regulation shall 31 specify the method of appointment and the Director's 32 powers, authority and duties. 33 (G) The Board is vested with the power to 34 impose civil penalties of up to $5,000 against HB1069 Enrolled -30- LRB9206979LDprB 1 individuals and up to $10,000 against licensees for 2 each violation of any provision of this Act relating 3 to the conduct of this wagering, any rules adopted 4 by the Board, any order of the Board or any other 5 action which in the Board's discretion, is a 6 detriment or impediment to such wagering. 7 (13) The Department of Agriculture may enter into 8 agreements with licensees authorizing such licensees to 9 conduct inter-track wagering on races to be held at the 10 licensed race meetings conducted by the Department of 11 Agriculture. Such agreement shall specify the races of 12 the Department of Agriculture's licensed race meeting 13 upon which the licensees will conduct wagering. In the 14 event that a licensee conducts inter-track pari-mutuel 15 wagering on races from the Illinois State Fair or DuQuoin 16 State Fair which are in addition to the licensee's 17 previously approved racing program, those races shall be 18 considered a separate racing day for the purpose of 19 determining the daily handle and computing the privilege 20 or pari-mutuel tax on that daily handle as provided in 21 Sections 27 and 27.1. Such agreements shall be approved 22 by the Board before such wagering may be conducted. In 23 determining whether to grant approval, the Board shall 24 give due consideration to the best interests of the 25 public and of horse racing. The provisions of paragraphs 26 (1), (8), (8.1), and (8.2) of subsection (h) of this 27 Section which are not specified in this paragraph (13) 28 shall not apply to licensed race meetings conducted by 29 the Department of Agriculture at the Illinois State Fair 30 in Sangamon County or the DuQuoin State Fair in Perry 31 County, or to any wagering conducted on those race 32 meetings. 33 (i) Notwithstanding the other provisions of this Act, 34 the conduct of wagering at wagering facilities is authorized HB1069 Enrolled -31- LRB9206979LDprB 1 on all days, except as limited by subsection (b) of Section 2 19 of this Act. 3 (Source: P.A. 91-40, eff. 6-25-99.) 4 Section 90. Severability. The provisions of this Act are 5 severable under Section 1.31 of the Statute on Statutes. 6 Section 99. Effective date. This Act takes effect upon 7 becoming law.