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Public Act 100-0627 | ||||
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AN ACT concerning gaming.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Horse Racing Act of 1975 is amended | ||||
by changing Sections 26, 26.8, 26.9, and 27 as follows:
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(230 ILCS 5/26) (from Ch. 8, par. 37-26)
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Sec. 26. Wagering.
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(a) Any licensee may conduct and supervise the pari-mutuel | ||||
system of
wagering, as defined in Section 3.12 of this Act, on | ||||
horse races conducted by
an Illinois organization
licensee or | ||||
conducted at a racetrack located in another state or country | ||||
and
televised in Illinois in accordance with subsection (g) of | ||||
Section 26 of this
Act. Subject to the prior consent of the | ||||
Board, licensees may supplement any
pari-mutuel pool in order | ||||
to guarantee a minimum distribution. Such
pari-mutuel method of | ||||
wagering shall not,
under any circumstances if conducted under | ||||
the provisions of this Act,
be held or construed to be | ||||
unlawful, other statutes of this State to the
contrary | ||||
notwithstanding.
Subject to rules for advance wagering | ||||
promulgated by the Board, any
licensee
may accept wagers in | ||||
advance of the day of
the race wagered upon occurs.
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(b) No other method of betting, pool making, wagering or
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gambling shall be used or permitted by the licensee. Each |
licensee
may retain, subject to the payment of all applicable
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taxes and purses, an amount not to exceed 17% of all money | ||
wagered
under subsection (a) of this Section, except as may | ||
otherwise be permitted
under this Act.
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(b-5) An individual may place a wager under the pari-mutuel | ||
system from
any licensed location authorized under this Act | ||
provided that wager is
electronically recorded in the manner | ||
described in Section 3.12 of this Act.
Any wager made | ||
electronically by an individual while physically on the | ||
premises
of a licensee shall be deemed to have been made at the | ||
premises of that
licensee.
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(c) Until January 1, 2000, the sum held by any licensee for | ||
payment of
outstanding pari-mutuel tickets, if unclaimed prior | ||
to December 31 of the
next year, shall be retained by the | ||
licensee for payment of
such tickets until that date. Within 10 | ||
days thereafter, the balance of
such sum remaining unclaimed, | ||
less any uncashed supplements contributed by such
licensee for | ||
the purpose of guaranteeing minimum distributions
of any | ||
pari-mutuel pool, shall be
paid to the
Illinois
Veterans'
| ||
Rehabilitation Fund of the State treasury, except as provided | ||
in subsection
(g) of Section 27 of this Act.
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(c-5) Beginning January 1, 2000, the sum held by any | ||
licensee for payment
of
outstanding pari-mutuel tickets, if | ||
unclaimed prior to December 31 of the
next year, shall be | ||
retained by the licensee for payment of
such tickets until that | ||
date. Within 10 days thereafter, the balance of
such sum |
remaining unclaimed, less any uncashed supplements contributed | ||
by such
licensee for the purpose of guaranteeing minimum | ||
distributions
of any pari-mutuel pool, shall be evenly | ||
distributed to the purse account of
the organization licensee | ||
and the organization licensee.
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(d) A pari-mutuel ticket shall be honored until December 31 | ||
of the
next calendar year, and the licensee shall pay the same | ||
and may
charge the amount thereof against unpaid money | ||
similarly accumulated on account
of pari-mutuel tickets not | ||
presented for payment.
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(e) No licensee shall knowingly permit any minor, other
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than an employee of such licensee or an owner, trainer,
jockey, | ||
driver, or employee thereof, to be admitted during a racing
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program unless accompanied by a parent or guardian, or any | ||
minor to be a
patron of the pari-mutuel system of wagering | ||
conducted or
supervised by it. The admission of any | ||
unaccompanied minor, other than
an employee of the licensee or | ||
an owner, trainer, jockey,
driver, or employee thereof at a | ||
race track is a Class C
misdemeanor.
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(f) Notwithstanding the other provisions of this Act, an
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organization licensee may contract
with an entity in another | ||
state or country to permit any legal
wagering entity in another | ||
state or country to accept wagers solely within
such other | ||
state or country on races conducted by the organization | ||
licensee
in this State.
Beginning January 1, 2000, these wagers
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shall not be subject to State
taxation. Until January 1, 2000,
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when the out-of-State entity conducts a pari-mutuel pool
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separate from the organization licensee, a privilege tax equal | ||
to 7 1/2% of
all monies received by the organization licensee | ||
from entities in other states
or countries pursuant to such | ||
contracts is imposed on the organization
licensee, and such | ||
privilege tax shall be remitted to the
Department of Revenue
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within 48 hours of receipt of the moneys from the simulcast. | ||
When the
out-of-State entity conducts a
combined pari-mutuel | ||
pool with the organization licensee, the tax shall be 10%
of | ||
all monies received by the organization licensee with 25% of | ||
the
receipts from this 10% tax to be distributed to the county
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in which the race was conducted.
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An organization licensee may permit one or more of its | ||
races to be
utilized for
pari-mutuel wagering at one or more | ||
locations in other states and may
transmit audio and visual | ||
signals of races the organization licensee
conducts to one or
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more locations outside the State or country and may also permit | ||
pari-mutuel
pools in other states or countries to be combined | ||
with its gross or net
wagering pools or with wagering pools | ||
established by other states.
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(g) A host track may accept interstate simulcast wagers on
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horse
races conducted in other states or countries and shall | ||
control the
number of signals and types of breeds of racing in | ||
its simulcast program,
subject to the disapproval of the Board. | ||
The Board may prohibit a simulcast
program only if it finds | ||
that the simulcast program is clearly
adverse to the integrity |
of racing. The host track
simulcast program shall
include the | ||
signal of live racing of all organization licensees.
All | ||
non-host licensees and advance deposit wagering licensees | ||
shall carry the signal of and accept wagers on live racing of | ||
all organization licensees. Advance deposit wagering licensees | ||
shall not be permitted to accept out-of-state wagers on any | ||
Illinois signal provided pursuant to this Section without the | ||
approval and consent of the organization licensee providing the | ||
signal. For one year after August 15, 2014 (the effective date | ||
of Public Act 98-968), non-host licensees may carry the host | ||
track simulcast program and
shall accept wagers on all races | ||
included as part of the simulcast
program of horse races | ||
conducted at race tracks located within North America upon | ||
which wagering is permitted. For a period of one year after | ||
August 15, 2014 (the effective date of Public Act 98-968), on | ||
horse races conducted at race tracks located outside of North | ||
America, non-host licensees may accept wagers on all races | ||
included as part of the simulcast program upon which wagering | ||
is permitted. Beginning August 15, 2015 (one year after the | ||
effective date of Public Act 98-968), non-host licensees may | ||
carry the host track simulcast program and shall accept wagers | ||
on all races included as part of the simulcast program upon | ||
which wagering is permitted.
All organization licensees shall | ||
provide their live signal to all advance deposit wagering | ||
licensees for a simulcast commission fee not to exceed 6% of | ||
the advance deposit wagering licensee's Illinois handle on the |
organization licensee's signal without prior approval by the | ||
Board. The Board may adopt rules under which it may permit | ||
simulcast commission fees in excess of 6%. The Board shall | ||
adopt rules limiting the interstate commission fees charged to | ||
an advance deposit wagering licensee. The Board shall adopt | ||
rules regarding advance deposit wagering on interstate | ||
simulcast races that shall reflect, among other things, the | ||
General Assembly's desire to maximize revenues to the State, | ||
horsemen purses, and organizational licensees. However, | ||
organization licensees providing live signals pursuant to the | ||
requirements of this subsection (g) may petition the Board to | ||
withhold their live signals from an advance deposit wagering | ||
licensee if the organization licensee discovers and the Board | ||
finds reputable or credible information that the advance | ||
deposit wagering licensee is under investigation by another | ||
state or federal governmental agency, the advance deposit | ||
wagering licensee's license has been suspended in another | ||
state, or the advance deposit wagering licensee's license is in | ||
revocation proceedings in another state. The organization | ||
licensee's provision of their live signal to an advance deposit | ||
wagering licensee under this subsection (g) pertains to wagers | ||
placed from within Illinois. Advance deposit wagering | ||
licensees may place advance deposit wagering terminals at | ||
wagering facilities as a convenience to customers. The advance | ||
deposit wagering licensee shall not charge or collect any fee | ||
from purses for the placement of the advance deposit wagering |
terminals. The costs and expenses
of the host track and | ||
non-host licensees associated
with interstate simulcast
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wagering, other than the interstate
commission fee, shall be | ||
borne by the host track and all
non-host licensees
incurring | ||
these costs.
The interstate commission fee shall not exceed 5% | ||
of Illinois handle on the
interstate simulcast race or races | ||
without prior approval of the Board. The
Board shall promulgate | ||
rules under which it may permit
interstate commission
fees in | ||
excess of 5%. The interstate commission
fee and other fees | ||
charged by the sending racetrack, including, but not
limited | ||
to, satellite decoder fees, shall be uniformly applied
to the | ||
host track and all non-host licensees.
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Notwithstanding any other provision of this Act, through | ||
December 31, 2020 2018 , an organization licensee, with the | ||
consent of the horsemen association representing the largest | ||
number of owners, trainers, jockeys, or standardbred drivers | ||
who race horses at that organization licensee's racing meeting, | ||
may maintain a system whereby advance deposit wagering may take | ||
place or an organization licensee, with the consent of the | ||
horsemen association representing the largest number of | ||
owners, trainers, jockeys, or standardbred drivers who race | ||
horses at that organization licensee's racing meeting, may | ||
contract with another person to carry out a system of advance | ||
deposit wagering. Such consent may not be unreasonably | ||
withheld. Only with respect to an appeal to the Board that | ||
consent for an organization licensee that maintains its own |
advance deposit wagering system is being unreasonably | ||
withheld, the Board shall issue a final order within 30 days | ||
after initiation of the appeal, and the organization licensee's | ||
advance deposit wagering system may remain operational during | ||
that 30-day period. The actions of any organization licensee | ||
who conducts advance deposit wagering or any person who has a | ||
contract with an organization licensee to conduct advance | ||
deposit wagering who conducts advance deposit wagering on or | ||
after January 1, 2013 and prior to June 7, 2013 (the effective | ||
date of Public Act 98-18) taken in reliance on the changes made | ||
to this subsection (g) by Public Act 98-18 are hereby | ||
validated, provided payment of all applicable pari-mutuel | ||
taxes are remitted to the Board. All advance deposit wagers | ||
placed from within Illinois must be placed through a | ||
Board-approved advance deposit wagering licensee; no other | ||
entity may accept an advance deposit wager from a person within | ||
Illinois. All advance deposit wagering is subject to any rules | ||
adopted by the Board. The Board may adopt rules necessary to | ||
regulate advance deposit wagering through the use of emergency | ||
rulemaking in accordance with Section 5-45 of the Illinois | ||
Administrative Procedure Act. The General Assembly finds that | ||
the adoption of rules to regulate advance deposit wagering is | ||
deemed an emergency and necessary for the public interest, | ||
safety, and welfare. An advance deposit wagering licensee may | ||
retain all moneys as agreed to by contract with an organization | ||
licensee. Any moneys retained by the organization licensee from |
advance deposit wagering, not including moneys retained by the | ||
advance deposit wagering licensee, shall be paid 50% to the | ||
organization licensee's purse account and 50% to the | ||
organization licensee. With the exception of any organization | ||
licensee that is owned by a publicly traded company that is | ||
incorporated in a state other than Illinois and advance deposit | ||
wagering licensees under contract with such organization | ||
licensees, organization licensees that maintain advance | ||
deposit wagering systems and advance deposit wagering | ||
licensees that contract with organization licensees shall | ||
provide sufficiently detailed monthly accountings to the | ||
horsemen association representing the largest number of | ||
owners, trainers, jockeys, or standardbred drivers who race | ||
horses at that organization licensee's racing meeting so that | ||
the horsemen association, as an interested party, can confirm | ||
the accuracy of the amounts paid to the purse account at the | ||
horsemen association's affiliated organization licensee from | ||
advance deposit wagering. If more than one breed races at the | ||
same race track facility, then the 50% of the moneys to be paid | ||
to an organization licensee's purse account shall be allocated | ||
among all organization licensees' purse accounts operating at | ||
that race track facility proportionately based on the actual | ||
number of host days that the Board grants to that breed at that | ||
race track facility in the current calendar year. To the extent | ||
any fees from advance deposit wagering conducted in Illinois | ||
for wagers in Illinois or other states have been placed in |
escrow or otherwise withheld from wagers pending a | ||
determination of the legality of advance deposit wagering, no | ||
action shall be brought to declare such wagers or the | ||
disbursement of any fees previously escrowed illegal. | ||
(1) Between the hours of 6:30 a.m. and 6:30 p.m. an
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inter-track wagering
licensee other than the host track may | ||
supplement the host track simulcast
program with | ||
additional simulcast races or race programs, provided that | ||
between
January 1 and the third Friday in February of any | ||
year, inclusive, if no live
thoroughbred racing is | ||
occurring in Illinois during this period, only
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thoroughbred races may be used
for supplemental interstate | ||
simulcast purposes. The Board shall withhold
approval for a | ||
supplemental interstate simulcast only if it finds that the
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simulcast is clearly adverse to the integrity of racing. A | ||
supplemental
interstate simulcast may be transmitted from | ||
an inter-track wagering licensee to
its affiliated | ||
non-host licensees. The interstate commission fee for a
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supplemental interstate simulcast shall be paid by the | ||
non-host licensee and
its affiliated non-host licensees | ||
receiving the simulcast.
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(2) Between the hours of 6:30 p.m. and 6:30 a.m. an
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inter-track wagering
licensee other than the host track may | ||
receive supplemental interstate
simulcasts only with the | ||
consent of the host track, except when the Board
finds that | ||
the simulcast is
clearly adverse to the integrity of |
racing. Consent granted under this
paragraph (2) to any | ||
inter-track wagering licensee shall be deemed consent to
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all non-host licensees. The interstate commission fee for | ||
the supplemental
interstate simulcast shall be paid
by all | ||
participating non-host licensees.
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(3) Each licensee conducting interstate simulcast | ||
wagering may retain,
subject to the payment of all | ||
applicable taxes and the purses, an amount not to
exceed | ||
17% of all money wagered. If any licensee conducts the | ||
pari-mutuel
system wagering on races conducted at | ||
racetracks in another state or country,
each such race or | ||
race program shall be considered a separate racing day for
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the purpose of determining the daily handle and computing | ||
the privilege tax of
that daily handle as provided in | ||
subsection (a) of Section 27.
Until January 1, 2000,
from | ||
the sums permitted to be retained pursuant to this | ||
subsection, each
inter-track wagering location licensee | ||
shall pay 1% of the pari-mutuel handle
wagered on simulcast | ||
wagering to the Horse Racing Tax Allocation Fund, subject
| ||
to the provisions of subparagraph (B) of paragraph (11) of | ||
subsection (h) of
Section 26 of this Act.
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(4) A licensee who receives an interstate simulcast may | ||
combine its gross
or net pools with pools at the sending | ||
racetracks pursuant to rules established
by the Board. All | ||
licensees combining their gross pools
at a
sending | ||
racetrack shall adopt the take-out percentages of the |
sending
racetrack.
A licensee may also establish a separate | ||
pool and takeout structure for
wagering purposes on races | ||
conducted at race tracks outside of the
State of Illinois. | ||
The licensee may permit pari-mutuel wagers placed in other
| ||
states or
countries to be combined with its gross or net | ||
wagering pools or other
wagering pools.
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(5) After the payment of the interstate commission fee | ||
(except for the
interstate commission
fee on a supplemental | ||
interstate simulcast, which shall be paid by the host
track | ||
and by each non-host licensee through the host-track) and | ||
all applicable
State and local
taxes, except as provided in | ||
subsection (g) of Section 27 of this Act, the
remainder of | ||
moneys retained from simulcast wagering pursuant to this
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subsection (g), and Section 26.2 shall be divided as | ||
follows:
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(A) For interstate simulcast wagers made at a host | ||
track, 50% to the
host
track and 50% to purses at the | ||
host track.
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(B) For wagers placed on interstate simulcast | ||
races, supplemental
simulcasts as defined in | ||
subparagraphs (1) and (2), and separately pooled races
| ||
conducted outside of the State of Illinois made at a | ||
non-host
licensee, 25% to the host
track, 25% to the | ||
non-host licensee, and 50% to the purses at the host | ||
track.
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(6) Notwithstanding any provision in this Act to the |
contrary, non-host
licensees
who derive their licenses | ||
from a track located in a county with a population in
| ||
excess of 230,000 and that borders the Mississippi River | ||
may receive
supplemental interstate simulcast races at all | ||
times subject to Board approval,
which shall be withheld | ||
only upon a finding that a supplemental interstate
| ||
simulcast is clearly adverse to the integrity of racing.
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(7) Notwithstanding any provision of this Act to the | ||
contrary, after
payment of all applicable State and local | ||
taxes and interstate commission fees,
non-host licensees | ||
who derive their licenses from a track located in a county
| ||
with a population in excess of 230,000 and that borders the | ||
Mississippi River
shall retain 50% of the retention from | ||
interstate simulcast wagers and shall
pay 50% to purses at | ||
the track from which the non-host licensee derives its
| ||
license as follows:
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(A) Between January 1 and the third Friday in | ||
February, inclusive, if no
live thoroughbred racing is | ||
occurring in Illinois during this period, when the
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interstate simulcast is a standardbred race, the purse | ||
share to its
standardbred purse account;
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(B) Between January 1 and the third Friday in | ||
February, inclusive, if no
live thoroughbred racing is | ||
occurring in Illinois during this period, and the
| ||
interstate simulcast is a thoroughbred race, the purse | ||
share to its interstate
simulcast purse pool to be |
distributed under paragraph (10) of this subsection
| ||
(g);
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(C) Between January 1 and the third Friday in | ||
February, inclusive, if
live thoroughbred racing is | ||
occurring in Illinois, between 6:30 a.m. and 6:30
p.m. | ||
the purse share from wagers made during this time | ||
period to its
thoroughbred purse account and between | ||
6:30 p.m. and 6:30 a.m. the purse share
from wagers | ||
made during this time period to its standardbred purse | ||
accounts;
| ||
(D) Between the third Saturday in February and | ||
December 31, when the
interstate simulcast occurs | ||
between the hours of 6:30 a.m. and 6:30 p.m., the
purse | ||
share to its thoroughbred purse account;
| ||
(E) Between the third Saturday in February and | ||
December 31, when the
interstate simulcast occurs | ||
between the hours of 6:30 p.m. and 6:30 a.m., the
purse | ||
share to its standardbred purse account.
| ||
(7.1) Notwithstanding any other provision of this Act | ||
to the contrary,
if
no
standardbred racing is conducted at | ||
a racetrack located in Madison County
during any
calendar | ||
year beginning on or after January 1, 2002, all
moneys | ||
derived by
that racetrack from simulcast wagering and | ||
inter-track wagering that (1) are to
be used
for purses and | ||
(2) are generated between the hours of 6:30 p.m. and 6:30 | ||
a.m.
during that
calendar year shall
be paid as follows:
|
(A) If the licensee that conducts horse racing at | ||
that racetrack
requests from the Board at least as many | ||
racing dates as were conducted in
calendar year 2000, | ||
80% shall be paid to its thoroughbred purse account; | ||
and
| ||
(B) Twenty percent shall be deposited into the | ||
Illinois Colt Stakes
Purse
Distribution
Fund and shall | ||
be paid to purses for standardbred races for Illinois | ||
conceived
and foaled horses conducted at any county | ||
fairgrounds.
The moneys deposited into the Fund | ||
pursuant to this subparagraph (B) shall be
deposited
| ||
within 2
weeks after the day they were generated, shall | ||
be in addition to and not in
lieu of any other
moneys | ||
paid to standardbred purses under this Act, and shall | ||
not be commingled
with other moneys paid into that | ||
Fund. The moneys deposited
pursuant to this | ||
subparagraph (B) shall be allocated as provided by the
| ||
Department of Agriculture, with the advice and | ||
assistance of the Illinois
Standardbred
Breeders Fund | ||
Advisory Board.
| ||
(7.2) Notwithstanding any other provision of this Act | ||
to the contrary, if
no
thoroughbred racing is conducted at | ||
a racetrack located in Madison County
during any
calendar | ||
year beginning on or after January 1,
2002, all
moneys | ||
derived by
that racetrack from simulcast wagering and | ||
inter-track wagering that (1) are to
be used
for purses and |
(2) are generated between the hours of 6:30 a.m. and 6:30 | ||
p.m.
during that
calendar year shall
be deposited as | ||
follows:
| ||
(A) If the licensee that conducts horse racing at | ||
that racetrack
requests from the
Board at least
as many | ||
racing dates as were conducted in calendar year 2000, | ||
80%
shall be deposited into its standardbred purse
| ||
account; and
| ||
(B) Twenty percent shall be deposited into the | ||
Illinois Colt Stakes
Purse
Distribution Fund. Moneys | ||
deposited into the Illinois Colt Stakes Purse
| ||
Distribution Fund
pursuant to this subparagraph (B) | ||
shall be paid to Illinois
conceived and foaled | ||
thoroughbred breeders' programs
and to thoroughbred | ||
purses for races conducted at any county fairgrounds | ||
for
Illinois conceived
and foaled horses at the | ||
discretion of the
Department of Agriculture, with the | ||
advice and assistance of
the Illinois Thoroughbred | ||
Breeders Fund Advisory
Board. The moneys deposited | ||
into the Illinois Colt Stakes Purse Distribution
Fund
| ||
pursuant to this subparagraph (B) shall be deposited | ||
within 2 weeks
after the day they were generated, shall | ||
be in addition to and not in
lieu of any other moneys | ||
paid to thoroughbred purses
under this Act, and shall | ||
not be commingled with other moneys deposited into
that | ||
Fund.
|
(7.3) If no live standardbred racing is conducted at a | ||
racetrack located
in
Madison
County in calendar year 2000 | ||
or 2001,
an organization licensee who is licensed
to | ||
conduct horse racing at that racetrack shall, before | ||
January 1, 2002, pay
all
moneys derived from simulcast | ||
wagering and inter-track wagering in calendar
years 2000 | ||
and 2001 and
paid into the licensee's standardbred purse | ||
account as follows:
| ||
(A) Eighty percent to that licensee's thoroughbred | ||
purse account to
be used for thoroughbred purses; and
| ||
(B) Twenty percent to the Illinois Colt Stakes | ||
Purse Distribution
Fund.
| ||
Failure to make the payment to the Illinois Colt Stakes | ||
Purse Distribution
Fund before January 1, 2002
shall
result | ||
in the immediate revocation of the licensee's organization
| ||
license, inter-track wagering license, and inter-track | ||
wagering location
license.
| ||
Moneys paid into the Illinois
Colt Stakes Purse | ||
Distribution Fund pursuant to this
paragraph (7.3) shall be | ||
paid to purses for standardbred
races for Illinois | ||
conceived and foaled horses conducted
at any county
| ||
fairgrounds.
Moneys paid into the Illinois
Colt Stakes | ||
Purse Distribution Fund pursuant to this
paragraph (7.3) | ||
shall be used as determined by the
Department of | ||
Agriculture, with the advice and assistance of the
Illinois | ||
Standardbred Breeders Fund Advisory Board, shall be in |
addition to
and not in lieu of any other moneys paid to | ||
standardbred purses under this Act,
and shall not be | ||
commingled
with any other moneys paid into that Fund.
| ||
(7.4) If live standardbred racing is conducted at a | ||
racetrack located in
Madison
County at any time in calendar | ||
year 2001 before the payment required
under
paragraph (7.3) | ||
has been made, the organization licensee who is licensed to
| ||
conduct
racing at that racetrack shall pay all moneys | ||
derived by that racetrack from
simulcast
wagering and | ||
inter-track wagering during calendar years 2000 and 2001 | ||
that (1)
are to be
used for purses and (2) are generated | ||
between the hours of 6:30 p.m. and 6:30
a.m.
during 2000 or | ||
2001 to the standardbred purse account at that
racetrack to
| ||
be used for standardbred purses.
| ||
(8) Notwithstanding any provision in this Act to the | ||
contrary, an
organization licensee from a track located in | ||
a county with a population in
excess of 230,000 and that | ||
borders the Mississippi River and its affiliated
non-host | ||
licensees shall not be entitled to share in any retention | ||
generated on
racing, inter-track wagering, or simulcast | ||
wagering at any other Illinois
wagering facility.
| ||
(8.1) Notwithstanding any provisions in this Act to the | ||
contrary, if 2
organization licensees
are conducting | ||
standardbred race meetings concurrently
between the hours | ||
of 6:30 p.m. and 6:30 a.m., after payment of all applicable
| ||
State and local taxes and interstate commission fees, the |
remainder of the
amount retained from simulcast wagering | ||
otherwise attributable to the host
track and to host track | ||
purses shall be split daily between the 2
organization | ||
licensees and the purses at the tracks of the 2 | ||
organization
licensees, respectively, based on each | ||
organization licensee's share
of the total live handle for | ||
that day,
provided that this provision shall not apply to | ||
any non-host licensee that
derives its license from a track | ||
located in a county with a population in
excess of 230,000 | ||
and that borders the Mississippi River.
| ||
(9) (Blank).
| ||
(10) (Blank).
| ||
(11) (Blank).
| ||
(12) The Board shall have authority to compel all host | ||
tracks to receive
the simulcast of any or all races | ||
conducted at the Springfield or DuQuoin State
fairgrounds | ||
and include all such races as part of their simulcast | ||
programs.
| ||
(13) Notwithstanding any other provision of this Act, | ||
in the event that
the total Illinois pari-mutuel handle on | ||
Illinois horse races at all wagering
facilities in any | ||
calendar year is less than 75% of the total Illinois
| ||
pari-mutuel handle on Illinois horse races at all such | ||
wagering facilities for
calendar year 1994, then each | ||
wagering facility that has an annual total
Illinois | ||
pari-mutuel handle on Illinois horse races that is less |
than 75% of
the total Illinois pari-mutuel handle on | ||
Illinois horse races at such wagering
facility for calendar | ||
year 1994, shall be permitted to receive, from any amount
| ||
otherwise
payable to the purse account at the race track | ||
with which the wagering facility
is affiliated in the | ||
succeeding calendar year, an amount equal to 2% of the
| ||
differential in total Illinois pari-mutuel handle on | ||
Illinois horse
races at the wagering facility between that | ||
calendar year in question and 1994
provided, however, that | ||
a
wagering facility shall not be entitled to any such | ||
payment until the Board
certifies in writing to the | ||
wagering facility the amount to which the wagering
facility | ||
is entitled
and a schedule for payment of the amount to the | ||
wagering facility, based on:
(i) the racing dates awarded | ||
to the race track affiliated with the wagering
facility | ||
during the succeeding year; (ii) the sums available or | ||
anticipated to
be available in the purse account of the | ||
race track affiliated with the
wagering facility for purses | ||
during the succeeding year; and (iii) the need to
ensure | ||
reasonable purse levels during the payment period.
The | ||
Board's certification
shall be provided no later than | ||
January 31 of the succeeding year.
In the event a wagering | ||
facility entitled to a payment under this paragraph
(13) is | ||
affiliated with a race track that maintains purse accounts | ||
for both
standardbred and thoroughbred racing, the amount | ||
to be paid to the wagering
facility shall be divided |
between each purse account pro rata, based on the
amount of | ||
Illinois handle on Illinois standardbred and thoroughbred | ||
racing
respectively at the wagering facility during the | ||
previous calendar year.
Annually, the General Assembly | ||
shall appropriate sufficient funds from the
General | ||
Revenue Fund to the Department of Agriculture for payment | ||
into the
thoroughbred and standardbred horse racing purse | ||
accounts at
Illinois pari-mutuel tracks. The amount paid to | ||
each purse account shall be
the amount certified by the | ||
Illinois Racing Board in January to be
transferred from | ||
each account to each eligible racing facility in
accordance | ||
with the provisions of this Section.
| ||
(h) The Board may approve and license the conduct of | ||
inter-track wagering
and simulcast wagering by inter-track | ||
wagering licensees and inter-track
wagering location licensees | ||
subject to the following terms and conditions:
| ||
(1) Any person licensed to conduct a race meeting (i) | ||
at a track where
60 or more days of racing were conducted | ||
during the immediately preceding
calendar year or where | ||
over the 5 immediately preceding calendar years an
average | ||
of 30 or more days of racing were conducted annually may be | ||
issued an
inter-track wagering license; (ii) at a track
| ||
located in a county that is bounded by the Mississippi | ||
River, which has a
population of less than 150,000 | ||
according to the 1990 decennial census, and an
average of | ||
at least 60 days of racing per year between 1985 and 1993 |
may be
issued an inter-track wagering license; or (iii) at | ||
a track
located in Madison
County that conducted at least | ||
100 days of live racing during the immediately
preceding
| ||
calendar year may be issued an inter-track wagering | ||
license, unless a lesser
schedule of
live racing is the | ||
result of (A) weather, unsafe track conditions, or other
| ||
acts of God; (B)
an agreement between the organization | ||
licensee and the associations
representing the
largest | ||
number of owners, trainers, jockeys, or standardbred | ||
drivers who race
horses at
that organization licensee's | ||
racing meeting; or (C) a finding by the Board of
| ||
extraordinary circumstances and that it was in the best | ||
interest of the public
and the sport to conduct fewer than | ||
100 days of live racing. Any such person
having operating | ||
control of the racing facility may receive
inter-track | ||
wagering
location licenses. An
eligible race track located | ||
in a county that has a population of more than
230,000 and | ||
that is bounded by the Mississippi River may establish up | ||
to 9
inter-track wagering locations, an eligible race track | ||
located in Stickney Township in Cook County may establish | ||
up to 16 inter-track wagering locations, and an eligible | ||
race track located in Palatine Township in Cook County may | ||
establish up to 18 inter-track wagering locations.
An | ||
application for
said license shall be filed with the Board | ||
prior to such dates as may be
fixed by the Board. With an | ||
application for an inter-track
wagering
location license |
there shall be delivered to the Board a certified check or
| ||
bank draft payable to the order of the Board for an amount | ||
equal to $500.
The application shall be on forms prescribed | ||
and furnished by the Board. The
application shall comply | ||
with all other rules,
regulations and conditions imposed by | ||
the Board in connection therewith.
| ||
(2) The Board shall examine the applications with | ||
respect to their
conformity with this Act and the rules and | ||
regulations imposed by the
Board. If found to be in | ||
compliance with the Act and rules and regulations
of the | ||
Board, the Board may then issue a license to conduct | ||
inter-track
wagering and simulcast wagering to such | ||
applicant. All such applications
shall be acted upon by the | ||
Board at a meeting to be held on such date as may be
fixed | ||
by the Board.
| ||
(3) In granting licenses to conduct inter-track | ||
wagering and simulcast
wagering, the Board shall give due | ||
consideration to
the best interests of the
public, of horse | ||
racing, and of maximizing revenue to the State.
| ||
(4) Prior to the issuance of a license to conduct | ||
inter-track wagering
and simulcast wagering,
the applicant | ||
shall file with the Board a bond payable to the State of | ||
Illinois
in the sum of $50,000, executed by the applicant | ||
and a surety company or
companies authorized to do business | ||
in this State, and conditioned upon
(i) the payment by the | ||
licensee of all taxes due under Section 27 or 27.1
and any |
other monies due and payable under this Act, and (ii)
| ||
distribution by the licensee, upon presentation of the | ||
winning ticket or
tickets, of all sums payable to the | ||
patrons of pari-mutuel pools.
| ||
(5) Each license to conduct inter-track wagering and | ||
simulcast
wagering shall specify the person
to whom it is | ||
issued, the dates on which such wagering is permitted, and
| ||
the track or location where the wagering is to be | ||
conducted.
| ||
(6) All wagering under such license is subject to this | ||
Act and to the
rules and regulations from time to time | ||
prescribed by the Board, and every
such license issued by | ||
the Board shall contain a recital to that effect.
| ||
(7) An inter-track wagering licensee or inter-track | ||
wagering location
licensee may accept wagers at the track | ||
or location
where it is licensed, or as otherwise provided | ||
under this Act.
| ||
(8) Inter-track wagering or simulcast wagering shall | ||
not be
conducted
at any track less than 5 miles from a | ||
track at which a racing meeting is in
progress.
| ||
(8.1) Inter-track wagering location
licensees who | ||
derive their licenses from a particular organization | ||
licensee
shall conduct inter-track wagering and simulcast | ||
wagering only at locations that
are within 160 miles of | ||
that race track
where
the particular organization licensee | ||
is licensed to conduct racing. However, inter-track |
wagering and simulcast wagering
shall not
be conducted by | ||
those licensees at any location within 5 miles of any race
| ||
track at which a
horse race meeting has been licensed in | ||
the current year, unless the person
having operating | ||
control of such race track has given its written consent
to | ||
such inter-track wagering location licensees,
which | ||
consent
must be filed with the Board at or prior to the | ||
time application is made. In the case of any inter-track | ||
wagering location licensee initially licensed after | ||
December 31, 2013, inter-track wagering and simulcast | ||
wagering shall not be conducted by those inter-track | ||
wagering location licensees that are located outside the | ||
City of Chicago at any location within 8 miles of any race | ||
track at which a horse race meeting has been licensed in | ||
the current year, unless the person having operating | ||
control of such race track has given its written consent to | ||
such inter-track wagering location licensees, which | ||
consent must be filed with the Board at or prior to the | ||
time application is made.
| ||
(8.2) Inter-track wagering or simulcast wagering shall | ||
not be
conducted by an inter-track
wagering location | ||
licensee at any location within 500 feet of an
existing
| ||
church or existing school, nor within 500 feet of the | ||
residences
of more than 50 registered voters without
| ||
receiving written permission from a majority of the | ||
registered
voters at such residences.
Such written |
permission statements shall be filed with the Board. The
| ||
distance of 500 feet shall be measured to the nearest part | ||
of any
building
used for worship services, education | ||
programs, residential purposes, or
conducting inter-track | ||
wagering by an inter-track wagering location
licensee, and | ||
not to property boundaries. However, inter-track wagering | ||
or
simulcast wagering may be conducted at a site within 500 | ||
feet of
a church, school or residences
of 50 or more | ||
registered voters if such church, school
or residences have | ||
been erected
or established, or such voters have been | ||
registered, after
the Board issues
the original | ||
inter-track wagering location license at the site in | ||
question.
Inter-track wagering location licensees may | ||
conduct inter-track wagering
and simulcast wagering only | ||
in areas that are zoned for
commercial or manufacturing | ||
purposes or
in areas for which a special use has been | ||
approved by the local zoning
authority. However, no license | ||
to conduct inter-track wagering and simulcast
wagering | ||
shall be
granted by the Board with respect to any | ||
inter-track wagering location
within the jurisdiction of | ||
any local zoning authority which has, by
ordinance or by | ||
resolution, prohibited the establishment of an inter-track
| ||
wagering location within its jurisdiction. However, | ||
inter-track wagering
and simulcast wagering may be | ||
conducted at a site if such ordinance or
resolution is | ||
enacted after
the Board licenses the original inter-track |
wagering location
licensee for the site in question.
| ||
(9) (Blank).
| ||
(10) An inter-track wagering licensee or an | ||
inter-track wagering
location licensee may retain, subject | ||
to the
payment of the privilege taxes and the purses, an | ||
amount not to
exceed 17% of all money wagered. Each program | ||
of racing conducted by
each inter-track wagering licensee | ||
or inter-track wagering location
licensee shall be | ||
considered a separate racing day for the purpose of
| ||
determining the daily handle and computing the privilege | ||
tax or pari-mutuel
tax on such daily
handle as provided in | ||
Section 27.
| ||
(10.1) Except as provided in subsection (g) of Section | ||
27 of this Act,
inter-track wagering location licensees | ||
shall pay 1% of the
pari-mutuel handle at each location to | ||
the municipality in which such
location is situated and 1% | ||
of the pari-mutuel handle at each location to
the county in | ||
which such location is situated. In the event that an
| ||
inter-track wagering location licensee is situated in an | ||
unincorporated
area of a county, such licensee shall pay 2% | ||
of the pari-mutuel handle from
such location to such | ||
county.
| ||
(10.2) Notwithstanding any other provision of this | ||
Act, with respect to inter-track
wagering at a race track | ||
located in a
county that has a population of
more than | ||
230,000 and that is bounded by the Mississippi River ("the |
first race
track"), or at a facility operated by an | ||
inter-track wagering licensee or
inter-track wagering | ||
location licensee that derives its license from the
| ||
organization licensee that operates the first race track, | ||
on races conducted at
the first race track or on races | ||
conducted at another Illinois race track
and | ||
simultaneously televised to the first race track or to a | ||
facility operated
by an inter-track wagering licensee or | ||
inter-track wagering location licensee
that derives its | ||
license from the organization licensee that operates the | ||
first
race track, those moneys shall be allocated as | ||
follows:
| ||
(A) That portion of all moneys wagered on | ||
standardbred racing that is
required under this Act to | ||
be paid to purses shall be paid to purses for
| ||
standardbred races.
| ||
(B) That portion of all moneys wagered on | ||
thoroughbred racing
that is required under this Act to | ||
be paid to purses shall be paid to purses
for | ||
thoroughbred races.
| ||
(11) (A) After payment of the privilege or pari-mutuel | ||
tax, any other
applicable
taxes, and
the costs and expenses | ||
in connection with the gathering, transmission, and
| ||
dissemination of all data necessary to the conduct of | ||
inter-track wagering,
the remainder of the monies retained | ||
under either Section 26 or Section 26.2
of this Act by the |
inter-track wagering licensee on inter-track wagering
| ||
shall be allocated with 50% to be split between the
2 | ||
participating licensees and 50% to purses, except
that an | ||
inter-track wagering licensee that derives its
license | ||
from a track located in a county with a population in | ||
excess of 230,000
and that borders the Mississippi River | ||
shall not divide any remaining
retention with the Illinois | ||
organization licensee that provides the race or
races, and | ||
an inter-track wagering licensee that accepts wagers on | ||
races
conducted by an organization licensee that conducts a | ||
race meet in a county
with a population in excess of | ||
230,000 and that borders the Mississippi River
shall not | ||
divide any remaining retention with that organization | ||
licensee.
| ||
(B) From the
sums permitted to be retained pursuant to | ||
this Act each inter-track wagering
location licensee shall | ||
pay (i) the privilege or pari-mutuel tax to the
State; (ii) | ||
4.75% of the
pari-mutuel handle on inter-track wagering at | ||
such location on
races as purses, except that
an | ||
inter-track wagering location licensee that derives its | ||
license from a
track located in a county with a population | ||
in excess of 230,000 and that
borders the Mississippi River | ||
shall retain all purse moneys for its own purse
account | ||
consistent with distribution set forth in this subsection | ||
(h), and inter-track
wagering location licensees that | ||
accept wagers on races
conducted
by an organization |
licensee located in a county with a population in excess of
| ||
230,000 and that borders the Mississippi River shall | ||
distribute all purse
moneys to purses at the operating host | ||
track; (iii) until January 1, 2000,
except as
provided in
| ||
subsection (g) of Section 27 of this Act, 1% of the
| ||
pari-mutuel handle wagered on inter-track wagering and | ||
simulcast wagering at
each inter-track wagering
location | ||
licensee facility to the Horse Racing Tax Allocation Fund, | ||
provided
that, to the extent the total amount collected and | ||
distributed to the Horse
Racing Tax Allocation Fund under | ||
this subsection (h) during any calendar year
exceeds the | ||
amount collected and distributed to the Horse Racing Tax | ||
Allocation
Fund during calendar year 1994, that excess | ||
amount shall be redistributed (I)
to all inter-track | ||
wagering location licensees, based on each licensee's
| ||
pro-rata share of the total handle from inter-track | ||
wagering and simulcast
wagering for all inter-track | ||
wagering location licensees during the calendar
year in | ||
which this provision is applicable; then (II) the amounts | ||
redistributed
to each inter-track wagering location | ||
licensee as described in subpart (I)
shall be further | ||
redistributed as provided in subparagraph (B) of paragraph | ||
(5)
of subsection (g) of this Section 26 provided first, | ||
that the shares of those
amounts, which are to be | ||
redistributed to the host track or to purses at the
host | ||
track under subparagraph (B) of paragraph (5) of subsection |
(g) of this
Section 26 shall be
redistributed based on each | ||
host track's pro rata share of the total
inter-track
| ||
wagering and simulcast wagering handle at all host tracks | ||
during the calendar
year in question, and second, that any | ||
amounts redistributed as described in
part (I) to an | ||
inter-track wagering location licensee that accepts
wagers | ||
on races conducted by an organization licensee that | ||
conducts a race meet
in a county with a population in | ||
excess of 230,000 and that borders the
Mississippi River | ||
shall be further redistributed as provided in | ||
subparagraphs
(D) and (E) of paragraph (7) of subsection | ||
(g) of this Section 26, with the
portion of that
further | ||
redistribution allocated to purses at that organization | ||
licensee to be
divided between standardbred purses and | ||
thoroughbred purses based on the
amounts otherwise | ||
allocated to purses at that organization licensee during | ||
the
calendar year in question; and (iv) 8% of the | ||
pari-mutuel handle on
inter-track wagering wagered at
such | ||
location to satisfy all costs and expenses of conducting | ||
its wagering. The
remainder of the monies retained by the | ||
inter-track wagering location licensee
shall be allocated | ||
40% to the location licensee and 60% to the organization
| ||
licensee which provides the Illinois races to the location, | ||
except that an inter-track
wagering location
licensee that | ||
derives its license from a track located in a county with a
| ||
population in excess of 230,000 and that borders the |
Mississippi River shall
not divide any remaining retention | ||
with the organization licensee that provides
the race or | ||
races and an inter-track wagering location licensee that | ||
accepts
wagers on races conducted by an organization | ||
licensee that conducts a race meet
in a county with a | ||
population in excess of 230,000 and that borders the
| ||
Mississippi River shall not divide any remaining retention | ||
with the
organization licensee.
Notwithstanding the | ||
provisions of clauses (ii) and (iv) of this
paragraph, in | ||
the case of the additional inter-track wagering location | ||
licenses
authorized under paragraph (1) of this subsection | ||
(h) by Public Act 87-110, those licensees shall pay the | ||
following amounts as purses:
during the first 12 months the | ||
licensee is in operation, 5.25% of
the
pari-mutuel handle | ||
wagered at the location on races; during the second 12
| ||
months, 5.25%; during the third 12 months, 5.75%;
during
| ||
the fourth 12 months,
6.25%; and during the fifth 12 months | ||
and thereafter, 6.75%. The
following amounts shall be | ||
retained by the licensee to satisfy all costs
and expenses | ||
of conducting its wagering: during the first 12 months the
| ||
licensee is in operation, 8.25% of the pari-mutuel handle | ||
wagered
at the
location; during the second 12 months, | ||
8.25%; during the third 12
months, 7.75%;
during the fourth | ||
12 months, 7.25%; and during the fifth 12 months
and
| ||
thereafter, 6.75%.
For additional inter-track wagering | ||
location licensees authorized under Public Act 89-16, |
purses for the first 12 months the licensee is in operation | ||
shall
be 5.75% of the pari-mutuel wagered
at the location, | ||
purses for the second 12 months the licensee is in | ||
operation
shall be 6.25%, and purses
thereafter shall be | ||
6.75%. For additional inter-track location
licensees
| ||
authorized under Public Act 89-16, the licensee shall be | ||
allowed to retain to satisfy
all costs and expenses: 7.75% | ||
of the pari-mutuel handle wagered at
the location
during | ||
its first 12 months of operation, 7.25% during its second
| ||
12
months of
operation, and 6.75% thereafter.
| ||
(C) There is hereby created the Horse Racing Tax | ||
Allocation Fund
which shall remain in existence until | ||
December 31, 1999. Moneys
remaining in the Fund after | ||
December 31, 1999
shall be paid into the
General Revenue | ||
Fund. Until January 1, 2000,
all monies paid into the Horse | ||
Racing Tax Allocation Fund pursuant to this
paragraph (11) | ||
by inter-track wagering location licensees located in park
| ||
districts of 500,000 population or less, or in a | ||
municipality that is not
included within any park district | ||
but is included within a conservation
district and is the | ||
county seat of a county that (i) is contiguous to the state
| ||
of Indiana and (ii) has a 1990 population of 88,257 | ||
according to the United
States Bureau of the Census, and | ||
operating on May 1, 1994 shall be
allocated by | ||
appropriation as follows:
| ||
Two-sevenths to the Department of Agriculture. |
Fifty percent of
this two-sevenths shall be used to | ||
promote the Illinois horse racing and
breeding | ||
industry, and shall be distributed by the Department of | ||
Agriculture
upon the advice of a 9-member committee | ||
appointed by the Governor consisting of
the following | ||
members: the Director of Agriculture, who shall serve | ||
as
chairman; 2 representatives of organization | ||
licensees conducting thoroughbred
race meetings in | ||
this State, recommended by those licensees; 2 | ||
representatives
of organization licensees conducting | ||
standardbred race meetings in this State,
recommended | ||
by those licensees; a representative of the Illinois
| ||
Thoroughbred Breeders and Owners Foundation, | ||
recommended by that
Foundation; a representative of | ||
the Illinois Standardbred Owners and
Breeders | ||
Association, recommended
by that Association; a | ||
representative of
the Horsemen's Benevolent and | ||
Protective Association or any successor
organization | ||
thereto established in Illinois comprised of the | ||
largest number of
owners and trainers, recommended by | ||
that
Association or that successor organization; and a
| ||
representative of the Illinois Harness Horsemen's
| ||
Association, recommended by that Association. | ||
Committee members shall
serve for terms of 2 years, | ||
commencing January 1 of each even-numbered
year. If a | ||
representative of any of the above-named entities has |
not been
recommended by January 1 of any even-numbered | ||
year, the Governor shall
appoint a committee member to | ||
fill that position. Committee members shall
receive no | ||
compensation for their services as members but shall be
| ||
reimbursed for all actual and necessary expenses and | ||
disbursements incurred
in the performance of their | ||
official duties. The remaining 50% of this
| ||
two-sevenths shall be distributed to county fairs for | ||
premiums and
rehabilitation as set forth in the | ||
Agricultural Fair Act;
| ||
Four-sevenths to park districts or municipalities | ||
that do not have a
park district of 500,000 population | ||
or less for museum purposes (if an
inter-track wagering | ||
location licensee is located in such a park district) | ||
or
to conservation districts for museum purposes (if an | ||
inter-track wagering
location licensee is located in a | ||
municipality that is not included within any
park | ||
district but is included within a conservation | ||
district and is the county
seat of a county that (i) is | ||
contiguous to the state of Indiana and (ii) has a
1990 | ||
population of 88,257 according to the United States | ||
Bureau of the Census,
except that if the conservation | ||
district does not maintain a museum, the monies
shall | ||
be allocated equally between the county and the | ||
municipality in which the
inter-track wagering | ||
location licensee is located for general purposes) or |
to a
municipal recreation board for park purposes (if | ||
an inter-track wagering
location licensee is located | ||
in a municipality that is not included within any
park | ||
district and park maintenance is the function of the | ||
municipal recreation
board and the municipality has a | ||
1990 population of 9,302 according to the
United States | ||
Bureau of the Census); provided that the monies are | ||
distributed
to each park district or conservation | ||
district or municipality that does not
have a park | ||
district in an amount equal to four-sevenths of the | ||
amount
collected by each inter-track wagering location | ||
licensee within the park
district or conservation | ||
district or municipality for the Fund. Monies that
were | ||
paid into the Horse Racing Tax Allocation Fund before | ||
August 9, 1991 (the effective date
of Public Act | ||
87-110) by an inter-track wagering location licensee
| ||
located in a municipality that is not included within | ||
any park district but is
included within a conservation | ||
district as provided in this paragraph shall, as
soon | ||
as practicable after August 9, 1991 (the effective date | ||
of Public Act 87-110), be
allocated and paid to that | ||
conservation district as provided in this paragraph.
| ||
Any park district or municipality not maintaining a | ||
museum may deposit the
monies in the corporate fund of | ||
the park district or municipality where the
| ||
inter-track wagering location is located, to be used |
for general purposes;
and
| ||
One-seventh to the Agricultural Premium Fund to be | ||
used for distribution
to agricultural home economics | ||
extension councils in accordance with "An
Act in | ||
relation to additional support and finances for the | ||
Agricultural and
Home Economic Extension Councils in | ||
the several counties of this State and
making an | ||
appropriation therefor", approved July 24, 1967.
| ||
Until January 1, 2000, all other
monies paid into the | ||
Horse Racing Tax
Allocation Fund pursuant to
this paragraph | ||
(11) shall be allocated by appropriation as follows:
| ||
Two-sevenths to the Department of Agriculture. | ||
Fifty percent of this
two-sevenths shall be used to | ||
promote the Illinois horse racing and breeding
| ||
industry, and shall be distributed by the Department of | ||
Agriculture upon the
advice of a 9-member committee | ||
appointed by the Governor consisting of the
following | ||
members: the Director of Agriculture, who shall serve | ||
as chairman; 2
representatives of organization | ||
licensees conducting thoroughbred race meetings
in | ||
this State, recommended by those licensees; 2 | ||
representatives of
organization licensees conducting | ||
standardbred race meetings in this State,
recommended | ||
by those licensees; a representative of the Illinois | ||
Thoroughbred
Breeders and Owners Foundation, | ||
recommended by that Foundation; a
representative of |
the Illinois Standardbred Owners and Breeders | ||
Association,
recommended by that Association; a | ||
representative of the Horsemen's Benevolent
and | ||
Protective Association or any successor organization | ||
thereto established
in Illinois comprised of the | ||
largest number of owners and trainers,
recommended by | ||
that Association or that successor organization; and a
| ||
representative of the Illinois Harness Horsemen's | ||
Association, recommended by
that Association. | ||
Committee members shall serve for terms of 2 years,
| ||
commencing January 1 of each even-numbered year. If a | ||
representative of any of
the above-named entities has | ||
not been recommended by January 1 of any
even-numbered | ||
year, the Governor shall appoint a committee member to | ||
fill that
position. Committee members shall receive no | ||
compensation for their services
as members but shall be | ||
reimbursed for all actual and necessary expenses and
| ||
disbursements incurred in the performance of their | ||
official duties. The
remaining 50% of this | ||
two-sevenths shall be distributed to county fairs for
| ||
premiums and rehabilitation as set forth in the | ||
Agricultural Fair Act;
| ||
Four-sevenths to museums and aquariums located in | ||
park districts of over
500,000 population; provided | ||
that the monies are distributed in accordance with
the | ||
previous year's distribution of the maintenance tax |
for such museums and
aquariums as provided in Section 2 | ||
of the Park District Aquarium and Museum
Act; and
| ||
One-seventh to the Agricultural Premium Fund to be | ||
used for distribution
to agricultural home economics | ||
extension councils in accordance with "An Act
in | ||
relation to additional support and finances for the | ||
Agricultural and
Home Economic Extension Councils in | ||
the several counties of this State and
making an | ||
appropriation therefor", approved July 24, 1967.
This | ||
subparagraph (C) shall be inoperative and of no force | ||
and effect on and
after January 1, 2000.
| ||
(D) Except as provided in paragraph (11) of this | ||
subsection (h),
with respect to purse allocation from | ||
inter-track wagering, the monies so
retained shall be | ||
divided as follows:
| ||
(i) If the inter-track wagering licensee, | ||
except an inter-track
wagering licensee that | ||
derives its license from an organization
licensee | ||
located in a county with a population in excess of | ||
230,000 and bounded
by the Mississippi River, is | ||
not conducting its own
race meeting during the same | ||
dates, then the entire purse allocation shall be
to | ||
purses at the track where the races wagered on are | ||
being conducted.
| ||
(ii) If the inter-track wagering licensee, | ||
except an inter-track
wagering licensee that |
derives its license from an organization
licensee | ||
located in a county with a population in excess of | ||
230,000 and bounded
by the Mississippi River, is | ||
also
conducting its own
race meeting during the | ||
same dates, then the purse allocation shall be as
| ||
follows: 50% to purses at the track where the races | ||
wagered on are
being conducted; 50% to purses at | ||
the track where the inter-track
wagering licensee | ||
is accepting such wagers.
| ||
(iii) If the inter-track wagering is being | ||
conducted by an inter-track
wagering location | ||
licensee, except an inter-track wagering location | ||
licensee
that derives its license from an | ||
organization licensee located in a
county with a | ||
population in excess of 230,000 and bounded by the | ||
Mississippi
River, the entire purse allocation for | ||
Illinois races shall
be to purses at the track | ||
where the race meeting being wagered on is being
| ||
held.
| ||
(12) The Board shall have all powers necessary and | ||
proper to fully
supervise and control the conduct of
| ||
inter-track wagering and simulcast
wagering by inter-track | ||
wagering licensees and inter-track wagering location
| ||
licensees, including, but not
limited to the following:
| ||
(A) The Board is vested with power to promulgate | ||
reasonable rules and
regulations for the purpose of |
administering the
conduct of this
wagering and to | ||
prescribe reasonable rules, regulations and conditions | ||
under
which such wagering shall be held and conducted. | ||
Such rules and regulations
are to provide for the | ||
prevention of practices detrimental to the public
| ||
interest and for
the best interests of said wagering | ||
and to impose penalties
for violations thereof.
| ||
(B) The Board, and any person or persons to whom it | ||
delegates this
power, is vested with the power to enter | ||
the
facilities of any licensee to determine whether | ||
there has been
compliance with the provisions of this | ||
Act and the rules and regulations
relating to the | ||
conduct of such wagering.
| ||
(C) The Board, and any person or persons to whom it | ||
delegates this
power, may eject or exclude from any | ||
licensee's facilities, any person whose
conduct or | ||
reputation
is such that his presence on such premises | ||
may, in the opinion of the Board,
call into the | ||
question the honesty and integrity of, or interfere | ||
with the
orderly conduct of such wagering; provided, | ||
however, that no person shall
be excluded or ejected | ||
from such premises solely on the grounds of race,
| ||
color, creed, national origin, ancestry, or sex.
| ||
(D) (Blank).
| ||
(E) The Board is vested with the power to appoint | ||
delegates to execute
any of the powers granted to it |
under this Section for the purpose of
administering | ||
this wagering and any
rules and
regulations
| ||
promulgated in accordance with this Act.
| ||
(F) The Board shall name and appoint a State | ||
director of this wagering
who shall be a representative | ||
of the Board and whose
duty it shall
be to supervise | ||
the conduct of inter-track wagering as may be provided | ||
for
by the rules and regulations of the Board; such | ||
rules and regulation shall
specify the method of | ||
appointment and the Director's powers, authority and
| ||
duties.
| ||
(G) The Board is vested with the power to impose | ||
civil penalties of up
to $5,000 against individuals and | ||
up to $10,000 against
licensees for each violation of | ||
any provision of
this Act relating to the conduct of | ||
this wagering, any
rules adopted
by the Board, any | ||
order of the Board or any other action which in the | ||
Board's
discretion, is a detriment or impediment to | ||
such wagering.
| ||
(13) The Department of Agriculture may enter into | ||
agreements with
licensees authorizing such licensees to | ||
conduct inter-track
wagering on races to be held at the | ||
licensed race meetings conducted by the
Department of | ||
Agriculture. Such
agreement shall specify the races of the | ||
Department of Agriculture's
licensed race meeting upon | ||
which the licensees will conduct wagering. In the
event |
that a licensee
conducts inter-track pari-mutuel wagering | ||
on races from the Illinois State Fair
or DuQuoin State Fair | ||
which are in addition to the licensee's previously
approved | ||
racing program, those races shall be considered a separate | ||
racing day
for the
purpose of determining the daily handle | ||
and computing the privilege or
pari-mutuel tax on
that | ||
daily handle as provided in Sections 27
and 27.1. Such
| ||
agreements shall be approved by the Board before such | ||
wagering may be
conducted. In determining whether to grant | ||
approval, the Board shall give
due consideration to the | ||
best interests of the public and of horse racing.
The | ||
provisions of paragraphs (1), (8), (8.1), and (8.2) of
| ||
subsection (h) of this
Section which are not specified in | ||
this paragraph (13) shall not apply to
licensed race | ||
meetings conducted by the Department of Agriculture at the
| ||
Illinois State Fair in Sangamon County or the DuQuoin State | ||
Fair in Perry
County, or to any wagering conducted on
those | ||
race meetings. | ||
(14) An inter-track wagering location license | ||
authorized by the Board in 2016 that is owned and operated | ||
by a race track in Rock Island County shall be transferred | ||
to a commonly owned race track in Cook County on August 12, | ||
2016 (the effective date of Public Act 99-757). The | ||
licensee shall retain its status in relation to purse | ||
distribution under paragraph (11) of this subsection (h) | ||
following the transfer to the new entity. The pari-mutuel |
tax credit under Section 32.1 shall not be applied toward | ||
any pari-mutuel tax obligation of the inter-track wagering | ||
location licensee of the license that is transferred under | ||
this paragraph (14).
| ||
(i) Notwithstanding the other provisions of this Act, the | ||
conduct of
wagering at wagering facilities is authorized on all | ||
days, except as limited by
subsection (b) of Section 19 of this | ||
Act.
| ||
(Source: P.A. 99-756, eff. 8-12-16; 99-757, eff. 8-12-16; | ||
100-201, eff. 8-18-17.)
| ||
(230 ILCS 5/26.8) | ||
Sec. 26.8. Beginning on February 1, 2014 and through | ||
December 31, 2020 2018 , each wagering licensee may impose a | ||
surcharge of up to 0.5% on winning wagers and winnings from | ||
wagers. The surcharge shall be deducted from winnings prior to | ||
payout. All amounts collected from the imposition of this | ||
surcharge shall be evenly distributed to the organization | ||
licensee and the purse account of the organization licensee | ||
with which the licensee is affiliated. The amounts distributed | ||
under this Section shall be in addition to the amounts paid | ||
pursuant to paragraph (10) of subsection (h) of Section 26, | ||
Section 26.3, Section 26.4, Section 26.5, and Section 26.7.
| ||
(Source: P.A. 98-624, eff. 1-29-14; 99-756, eff. 8-12-16.) | ||
(230 ILCS 5/26.9) |
Sec. 26.9. Beginning on February 1, 2014 and through | ||
December 31, 2020 2018 , in addition to the surcharge imposed in | ||
Sections 26.3, 26.4, 26.5, 26.7, and 26.8 of this Act, each | ||
licensee shall impose a surcharge of 0.2% on winning wagers and | ||
winnings from wagers. The surcharge shall be deducted from | ||
winnings prior to payout. All amounts collected from the | ||
surcharges imposed under this Section shall be remitted to the | ||
Board. From amounts collected under this Section, the Board | ||
shall deposit an amount not to exceed $100,000 annually into | ||
the Quarter Horse Purse Fund and all remaining amounts into the | ||
Horse Racing Fund.
| ||
(Source: P.A. 98-624, eff. 1-29-14; 99-756, eff. 8-12-16.) | ||
(230 ILCS 5/27) (from Ch. 8, par. 37-27) | ||
Sec. 27. (a) In addition to the organization license fee | ||
provided
by this Act, until January 1, 2000, a
graduated | ||
privilege tax is hereby
imposed for conducting
the pari-mutuel | ||
system of wagering permitted under this
Act. Until January 1, | ||
2000, except as provided in subsection (g) of
Section 27 of | ||
this Act, all of
the breakage of each racing day held by any | ||
licensee in the State shall be paid
to the State.
Until January | ||
1, 2000, such daily graduated privilege tax shall be paid by
| ||
the
licensee from the amount permitted to be retained under | ||
this Act.
Until January 1, 2000, each day's
graduated privilege | ||
tax, breakage, and Horse Racing Tax Allocation
funds shall be | ||
remitted to the Department of Revenue within 48 hours after the
|
close of the racing day upon which it is assessed or within | ||
such other time as
the Board prescribes. The privilege tax | ||
hereby imposed, until January
1, 2000, shall be a flat tax at
| ||
the rate of 2% of the daily pari-mutuel handle except as | ||
provided in Section
27.1. | ||
In addition, every organization licensee, except as
| ||
provided in Section 27.1 of this Act, which conducts multiple
| ||
wagering shall pay, until January 1, 2000,
as a privilege tax | ||
on multiple
wagers an amount
equal to 1.25% of all moneys | ||
wagered each day on such multiple wagers,
plus an additional | ||
amount equal to 3.5% of the amount wagered each day on any
| ||
other multiple wager which involves a single
betting interest | ||
on 3 or more horses. The licensee shall remit the amount of
| ||
such taxes to the Department of Revenue within 48 hours after | ||
the close of
the racing day on which it is assessed or within | ||
such other time as the Board
prescribes. | ||
This subsection (a) shall be inoperative and of no force | ||
and effect on and
after January 1, 2000. | ||
(a-5) Beginning on January 1, 2000, a
flat
pari-mutuel tax | ||
at the rate of 1.5% of
the daily
pari-mutuel handle is imposed | ||
at all pari-mutuel wagering facilities and on advance deposit | ||
wagering from a location other than a wagering facility, except | ||
as otherwise provided for in this subsection (a-5). In addition | ||
to the pari-mutuel tax imposed on advance deposit wagering | ||
pursuant to this subsection (a-5), beginning on August 24, 2012 | ||
(the effective date of Public Act 97-1060) and through December |
31, 2020 2018 , an additional pari-mutuel tax at the rate of | ||
0.25% shall be imposed on advance deposit wagering. Until | ||
August 25, 2012, the additional 0.25% pari-mutuel tax imposed | ||
on advance deposit wagering by Public Act 96-972 shall be | ||
deposited into the Quarter Horse Purse Fund, which shall be | ||
created as a non-appropriated trust fund administered by the | ||
Board for grants to thoroughbred organization licensees for | ||
payment of purses for quarter horse races conducted by the | ||
organization licensee. Beginning on August 26, 2012, the | ||
additional 0.25% pari-mutuel tax imposed on advance deposit | ||
wagering shall be deposited into the Standardbred Purse Fund, | ||
which shall be created as a non-appropriated trust fund | ||
administered by the Board, for grants to the standardbred | ||
organization licensees for payment of purses for standardbred | ||
horse races conducted by the organization licensee. | ||
Thoroughbred organization licensees may petition the Board to | ||
conduct quarter horse racing and receive purse grants from the | ||
Quarter Horse Purse Fund. The Board shall have complete | ||
discretion in distributing the Quarter Horse Purse Fund to the | ||
petitioning organization licensees. Beginning on July 26, 2010 | ||
(the effective date of Public Act 96-1287), a pari-mutuel tax | ||
at the rate of 0.75% of the daily pari-mutuel handle is imposed | ||
at a pari-mutuel facility whose license is derived from a track | ||
located in a county that borders the Mississippi River and | ||
conducted live racing in the previous year. The pari-mutuel tax | ||
imposed by this subsection (a-5)
shall be remitted to the |
Department of
Revenue within 48 hours after the close of the | ||
racing day upon which it is
assessed or within such other time | ||
as the Board prescribes. | ||
(b) On or before December 31, 1999, in
the event that any | ||
organization
licensee conducts
2 separate programs
of races on | ||
any day, each such program shall be considered a separate
| ||
racing day for purposes of determining the daily handle and | ||
computing
the privilege tax on such daily handle as provided in | ||
subsection (a) of
this Section. | ||
(c) Licensees shall at all times keep accurate
books
and | ||
records of all monies wagered on each day of a race meeting and | ||
of
the taxes paid to the Department of Revenue under the | ||
provisions of this
Section. The Board or its duly authorized | ||
representative or
representatives shall at all reasonable | ||
times have access to such
records for the purpose of examining | ||
and checking the same and
ascertaining whether the proper | ||
amount of taxes is being paid as
provided. The Board shall | ||
require verified reports and a statement of
the total of all | ||
monies wagered daily at each wagering facility upon which
the | ||
taxes are assessed and may prescribe forms upon which such | ||
reports
and statement shall be made. | ||
(d) Any licensee failing or refusing to pay the amount
of | ||
any tax due under this Section shall be guilty of a business | ||
offense
and upon conviction shall be fined not more than $5,000 | ||
in addition to
the amount found due as tax under this Section. | ||
Each day's violation
shall constitute a separate offense. All |
fines paid into Court by a licensee hereunder shall be | ||
transmitted and paid over by
the Clerk of the Court to the | ||
Board. | ||
(e) No other license fee, privilege tax, excise tax, or
| ||
racing fee, except as provided in this Act, shall be assessed | ||
or
collected from any such licensee by the State. | ||
(f) No other license fee, privilege tax, excise tax or | ||
racing fee shall be
assessed or collected from any such | ||
licensee by units of local government
except as provided in | ||
paragraph 10.1 of subsection (h) and subsection (f) of
Section | ||
26 of this Act. However, any municipality that has a Board | ||
licensed
horse race meeting at a race track wholly within its | ||
corporate boundaries or a
township that has a Board licensed | ||
horse race meeting at a race track wholly
within the | ||
unincorporated area of the township may charge a local
| ||
amusement tax not to exceed 10ยข per admission to such horse | ||
race meeting
by the enactment of an ordinance. However, any | ||
municipality or county
that has a Board licensed inter-track | ||
wagering location facility wholly
within its corporate | ||
boundaries may each impose an admission fee not
to exceed $1.00 | ||
per admission to such inter-track wagering location facility,
| ||
so that a total of not more than $2.00 per admission may be | ||
imposed.
Except as provided in subparagraph (g) of Section 27 | ||
of this Act, the
inter-track wagering location licensee shall | ||
collect any and all such fees
and within 48 hours remit the | ||
fees to the Board, which shall, pursuant to
rule, cause the |
fees to be distributed to the county or municipality. | ||
(g) Notwithstanding any provision in this Act to the | ||
contrary, if in any
calendar year the total taxes and fees | ||
required to be collected from
licensees and distributed under | ||
this Act to all State and local governmental
authorities | ||
exceeds the amount of such taxes and fees distributed to each | ||
State
and local governmental authority to which each State and | ||
local governmental
authority was entitled under this Act for | ||
calendar year 1994, then the first
$11 million of that excess | ||
amount shall be allocated at the earliest possible
date for | ||
distribution as purse money for the succeeding calendar year.
| ||
Upon reaching the 1994 level, and until the excess amount of | ||
taxes and fees
exceeds $11 million, the Board shall direct all | ||
licensees to cease paying the
subject taxes and fees and the | ||
Board shall direct all licensees to allocate any such excess | ||
amount for purses as
follows: | ||
(i) the excess amount shall be initially divided | ||
between thoroughbred and
standardbred purses based on the | ||
thoroughbred's and standardbred's respective
percentages | ||
of total Illinois live wagering in calendar year 1994; | ||
(ii) each thoroughbred and standardbred organization | ||
licensee issued an
organization licensee in that | ||
succeeding allocation year shall
be
allocated an amount | ||
equal to the product of its percentage of total
Illinois
| ||
live thoroughbred or standardbred wagering in calendar | ||
year 1994 (the total to
be determined based on the sum of |
1994 on-track wagering for all organization
licensees | ||
issued organization licenses in both the allocation year | ||
and the
preceding year) multiplied by
the total amount | ||
allocated for standardbred or thoroughbred purses, | ||
provided
that the first $1,500,000 of the amount allocated | ||
to standardbred
purses under item (i) shall be allocated to | ||
the Department of
Agriculture to be expended with the | ||
assistance and advice of the Illinois
Standardbred | ||
Breeders Funds Advisory Board for the purposes listed in
| ||
subsection (g) of Section 31 of this Act, before the amount | ||
allocated to
standardbred purses under item (i) is | ||
allocated to standardbred
organization licensees in the | ||
succeeding allocation year. | ||
To the extent the excess amount of taxes and fees to be | ||
collected and
distributed to State and local governmental | ||
authorities exceeds $11 million,
that excess amount shall be | ||
collected and distributed to State and local
authorities as | ||
provided for under this Act. | ||
(Source: P.A. 98-18, eff. 6-7-13; 98-624, eff. 1-29-14; 99-756, | ||
eff. 8-12-16.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
|