Sen. Terry Link

Filed: 1/29/2014

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1 AMENDMENT TO HOUSE BILL 11

2 AMENDMENT NO. ______. Amend House Bill 11, AS AMENDED, by

3 replacing everything after the enacting clause with the

4 following:

5 "Section 5. The Illinois Horse Racing Act of 1975 is

6 amended by changing Sections 26, 27, and 28.1 and by adding

7 Sections 26.8 and 26.9 as follows:

8 (230 ILCS 5/26) (from Ch. 8, par. 37-26)

9 Sec. 26. Wagering.

10 (a) Any licensee may conduct and supervise the pari-mutuel

11 system of wagering, as defined in Section 3.12 of this Act, on

12 horse races conducted by an Illinois organization licensee or

13 conducted at a racetrack located in another state or country

14 and televised in Illinois in accordance with subsection (g) of

15 Section 26 of this Act. Subject to the prior consent of the

16 Board, licensees may supplement any pari-mutuel pool in order

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1 to guarantee a minimum distribution. Such pari-mutuel method of

2 wagering shall not, under any circumstances if conducted under

3 the provisions of this Act, be held or construed to be

4 unlawful, other statutes of this State to the contrary

5 notwithstanding. Subject to rules for advance wagering

6 promulgated by the Board, any licensee may accept wagers in

7 advance of the day of the race wagered upon occurs.

8 (b) No other method of betting, pool making, wagering or

9 gambling shall be used or permitted by the licensee. Each

10 licensee may retain, subject to the payment of all applicable

11 taxes and purses, an amount not to exceed 17% of all money

12 wagered under subsection (a) of this Section, except as may

13 otherwise be permitted under this Act.

14 (b-5) An individual may place a wager under the pari-mutuel

15 system from any licensed location authorized under this Act

16 provided that wager is electronically recorded in the manner

17 described in Section 3.12 of this Act. Any wager made

18 electronically by an individual while physically on the

19 premises of a licensee shall be deemed to have been made at the

20 premises of that licensee.

21 (c) Until January 1, 2000, the sum held by any licensee for

22 payment of outstanding pari-mutuel tickets, if unclaimed prior

23 to December 31 of the next year, shall be retained by the

24 licensee for payment of such tickets until that date. Within 10

25 days thereafter, the balance of such sum remaining unclaimed,

26 less any uncashed supplements contributed by such licensee for

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1 the purpose of guaranteeing minimum distributions of any

2 pari-mutuel pool, shall be paid to the Illinois Veterans'

3 Rehabilitation Fund of the State treasury, except as provided

4 in subsection (g) of Section 27 of this Act.

5 (c-5) Beginning January 1, 2000, the sum held by any

6 licensee for payment of outstanding pari-mutuel tickets, if

7 unclaimed prior to December 31 of the next year, shall be

8 retained by the licensee for payment of such tickets until that

9 date. Within 10 days thereafter, the balance of such sum

10 remaining unclaimed, less any uncashed supplements contributed

11 by such licensee for the purpose of guaranteeing minimum

12 distributions of any pari-mutuel pool, shall be evenly

13 distributed to the purse account of the organization licensee

14 and the organization licensee.

15 (d) A pari-mutuel ticket shall be honored until December 31

16 of the next calendar year, and the licensee shall pay the same

17 and may charge the amount thereof against unpaid money

18 similarly accumulated on account of pari-mutuel tickets not

19 presented for payment.

20 (e) No licensee shall knowingly permit any minor, other

21 than an employee of such licensee or an owner, trainer, jockey,

22 driver, or employee thereof, to be admitted during a racing

23 program unless accompanied by a parent or guardian, or any

24 minor to be a patron of the pari-mutuel system of wagering

25 conducted or supervised by it. The admission of any

26 unaccompanied minor, other than an employee of the licensee or

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1 an owner, trainer, jockey, driver, or employee thereof at a

2 race track is a Class C misdemeanor.

3 (f) Notwithstanding the other provisions of this Act, an

4 organization licensee may contract with an entity in another

5 state or country to permit any legal wagering entity in another

6 state or country to accept wagers solely within such other

7 state or country on races conducted by the organization

8 licensee in this State. Beginning January 1, 2000, these wagers

9 shall not be subject to State taxation. Until January 1, 2000,

10 when the out-of-State entity conducts a pari-mutuel pool

11 separate from the organization licensee, a privilege tax equal

12 to 7 1/2% of all monies received by the organization licensee

13 from entities in other states or countries pursuant to such

14 contracts is imposed on the organization licensee, and such

15 privilege tax shall be remitted to the Department of Revenue

16 within 48 hours of receipt of the moneys from the simulcast.

17 When the out-of-State entity conducts a combined pari-mutuel

18 pool with the organization licensee, the tax shall be 10% of

19 all monies received by the organization licensee with 25% of

20 the receipts from this 10% tax to be distributed to the county

21 in which the race was conducted.

22 An organization licensee may permit one or more of its

23 races to be utilized for pari-mutuel wagering at one or more

24 locations in other states and may transmit audio and visual

25 signals of races the organization licensee conducts to one or

26 more locations outside the State or country and may also permit

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1 pari-mutuel pools in other states or countries to be combined

2 with its gross or net wagering pools or with wagering pools

3 established by other states.

4 (g) A host track may accept interstate simulcast wagers on

5 horse races conducted in other states or countries and shall

6 control the number of signals and types of breeds of racing in

7 its simulcast program, subject to the disapproval of the Board.

8 The Board may prohibit a simulcast program only if it finds

9 that the simulcast program is clearly adverse to the integrity

10 of racing. The host track simulcast program shall include the

11 signal of live racing of all organization licensees. All

12 non-host licensees and advance deposit wagering licensees

13 shall carry the signal of and accept wagers on live racing of

14 all organization licensees. Advance deposit wagering licensees

15 shall not be permitted to accept out-of-state wagers on any

16 Illinois signal provided pursuant to this Section without the

17 approval and consent of the organization licensee providing the

18 signal. Non-host licensees may carry the host track simulcast

19 program and shall accept wagers on all races included as part

20 of the simulcast program upon which wagering is permitted. All

21 organization licensees shall provide their live signal to all

22 advance deposit wagering licensees for a simulcast commission

23 fee not to exceed 6% of the advance deposit wagering licensee's

24 Illinois handle on the organization licensee's signal without

25 prior approval by the Board. The Board may adopt rules under

26 which it may permit simulcast commission fees in excess of 6%.

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1 The Board shall adopt rules limiting the interstate commission

2 fees charged to an advance deposit wagering licensee. The Board

3 shall adopt rules regarding advance deposit wagering on

4 interstate simulcast races that shall reflect, among other

5 things, the General Assembly's desire to maximize revenues to

6 the State, horsemen purses, and organizational licensees.

7 However, organization licensees providing live signals

8 pursuant to the requirements of this subsection (g) may

9 petition the Board to withhold their live signals from an

10 advance deposit wagering licensee if the organization licensee

11 discovers and the Board finds reputable or credible information

12 that the advance deposit wagering licensee is under

13 investigation by another state or federal governmental agency,

14 the advance deposit wagering licensee's license has been

15 suspended in another state, or the advance deposit wagering

16 licensee's license is in revocation proceedings in another

17 state. The organization licensee's provision of their live

18 signal to an advance deposit wagering licensee under this

19 subsection (g) pertains to wagers placed from within Illinois.

20 Advance deposit wagering licensees may place advance deposit

21 wagering terminals at wagering facilities as a convenience to

22 customers. The advance deposit wagering licensee shall not

23 charge or collect any fee from purses for the placement of the

24 advance deposit wagering terminals. The costs and expenses of

25 the host track and non-host licensees associated with

26 interstate simulcast wagering, other than the interstate

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1 commission fee, shall be borne by the host track and all

2 non-host licensees incurring these costs. The interstate

3 commission fee shall not exceed 5% of Illinois handle on the

4 interstate simulcast race or races without prior approval of

5 the Board. The Board shall promulgate rules under which it may

6 permit interstate commission fees in excess of 5%. The

7 interstate commission fee and other fees charged by the sending

8 racetrack, including, but not limited to, satellite decoder

9 fees, shall be uniformly applied to the host track and all

10 non-host licensees.

11 Notwithstanding any other provision of this Act, until

12 February 1, 2017 ~~January 31, 2014~~, an organization licensee,

13 with the consent of the horseman association representing the

14 largest number of owners, trainers, jockeys, or standardbred

15 drivers who race horses at that organization licensee's racing

16 meeting, may maintain a system whereby advance deposit wagering

17 may take place or an organization licensee, with the consent of

18 the horsemen association representing the largest number of

19 owners, trainers, jockeys, or standardbred drivers who race

20 horses at that organization licensee's racing meeting, may

21 contract with another person to carry out a system of advance

22 deposit wagering. Such consent may not be unreasonably

23 withheld. Only with respect to an appeal to the Board that

24 consent for an organization licensee that maintains its own

25 advance deposit wagering system is being unreasonably

26 withheld, the Board shall issue a final order within 30 days

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1 after initiation of the appeal, and the organization licensee's

2 advance deposit wagering system may remain operational during

3 that 30-day period. The actions of any organization licensee

4 who conducts advance deposit wagering or any person who has a

5 contract with an organization licensee to conduct advance

6 deposit wagering who conducts advance deposit wagering on or

7 after January 1, 2013 and prior to the effective date of this

8 amendatory Act of the 98th General Assembly taken in reliance

9 on the changes made to this subsection (g) by this amendatory

10 Act of the 98th General Assembly are hereby validated, provided

11 payment of all applicable pari-mutuel taxes are remitted to the

12 Board. All advance deposit wagers placed from within Illinois

13 must be placed through a Board-approved advance deposit

14 wagering licensee; no other entity may accept an advance

15 deposit wager from a person within Illinois. All advance

16 deposit wagering is subject to any rules adopted by the Board.

17 The Board may adopt rules necessary to regulate advance deposit

18 wagering through the use of emergency rulemaking in accordance

19 with Section 5-45 of the Illinois Administrative Procedure Act.

20 The General Assembly finds that the adoption of rules to

21 regulate advance deposit wagering is deemed an emergency and

22 necessary for the public interest, safety, and welfare. An

23 advance deposit wagering licensee may retain all moneys as

24 agreed to by contract with an organization licensee. Any moneys

25 retained by the organization licensee from advance deposit

26 wagering, not including moneys retained by the advance deposit

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1 wagering licensee, shall be paid 50% to the organization

2 licensee's purse account and 50% to the organization licensee.

3 With the exception of any organization licensee that is owned

4 by a publicly traded company that is incorporated in a state

5 other than Illinois and advance deposit wagering licensees

6 under contract with such organization licensees, organization

7 licensees that maintain advance deposit wagering systems and

8 advance deposit wagering licensees that contract with

9 organization licensees shall provide sufficiently detailed

10 monthly accountings to the horsemen association representing

11 the largest number of owners, trainers, jockeys, or

12 standardbred drivers who race horses at that organization

13 licensee's racing meeting so that the horsemen association, as

14 an interested party, can confirm the accuracy of the amounts

15 paid to the purse account at the horsemen association's

16 affiliated organization licensee from advance deposit

17 wagering. If more than one breed races at the same race track

18 facility, then the 50% of the moneys to be paid to an

19 organization licensee's purse account shall be allocated among

20 all organization licensees' purse accounts operating at that

21 race track facility proportionately based on the actual number

22 of host days that the Board grants to that breed at that race

23 track facility in the current calendar year. To the extent any

24 fees from advance deposit wagering conducted in Illinois for

25 wagers in Illinois or other states have been placed in escrow

26 or otherwise withheld from wagers pending a determination of

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1 the legality of advance deposit wagering, no action shall be

2 brought to declare such wagers or the disbursement of any fees

3 previously escrowed illegal.

4 (1) Between the hours of 6:30 a.m. and 6:30 p.m. an

5 intertrack wagering licensee other than the host track may

6 supplement the host track simulcast program with

7 additional simulcast races or race programs, provided that

8 between January 1 and the third Friday in February of any

9 year, inclusive, if no live thoroughbred racing is

10 occurring in Illinois during this period, only

11 thoroughbred races may be used for supplemental interstate

12 simulcast purposes. The Board shall withhold approval for a

13 supplemental interstate simulcast only if it finds that the

14 simulcast is clearly adverse to the integrity of racing. A

15 supplemental interstate simulcast may be transmitted from

16 an intertrack wagering licensee to its affiliated non-host

17 licensees. The interstate commission fee for a

18 supplemental interstate simulcast shall be paid by the

19 non-host licensee and its affiliated non-host licensees

20 receiving the simulcast.

21 (2) Between the hours of 6:30 p.m. and 6:30 a.m. an

22 intertrack wagering licensee other than the host track may

23 receive supplemental interstate simulcasts only with the

24 consent of the host track, except when the Board finds that

25 the simulcast is clearly adverse to the integrity of

26 racing. Consent granted under this paragraph (2) to any

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1 intertrack wagering licensee shall be deemed consent to all

2 non-host licensees. The interstate commission fee for the

3 supplemental interstate simulcast shall be paid by all

4 participating non-host licensees.

5 (3) Each licensee conducting interstate simulcast

6 wagering may retain, subject to the payment of all

7 applicable taxes and the purses, an amount not to exceed

8 17% of all money wagered. If any licensee conducts the

9 pari-mutuel system wagering on races conducted at

10 racetracks in another state or country, each such race or

11 race program shall be considered a separate racing day for

12 the purpose of determining the daily handle and computing

13 the privilege tax of that daily handle as provided in

14 subsection (a) of Section 27. Until January 1, 2000, from

15 the sums permitted to be retained pursuant to this

16 subsection, each intertrack wagering location licensee

17 shall pay 1% of the pari-mutuel handle wagered on simulcast

18 wagering to the Horse Racing Tax Allocation Fund, subject

19 to the provisions of subparagraph (B) of paragraph (11) of

20 subsection (h) of Section 26 of this Act.

21 (4) A licensee who receives an interstate simulcast may

22 combine its gross or net pools with pools at the sending

23 racetracks pursuant to rules established by the Board. All

24 licensees combining their gross pools at a sending

25 racetrack shall adopt the take-out percentages of the

26 sending racetrack. A licensee may also establish a separate

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1 pool and takeout structure for wagering purposes on races

2 conducted at race tracks outside of the State of Illinois.

3 The licensee may permit pari-mutuel wagers placed in other

4 states or countries to be combined with its gross or net

5 wagering pools or other wagering pools.

6 (5) After the payment of the interstate commission fee

7 (except for the interstate commission fee on a supplemental

8 interstate simulcast, which shall be paid by the host track

9 and by each non-host licensee through the host-track) and

10 all applicable State and local taxes, except as provided in

11 subsection (g) of Section 27 of this Act, the remainder of

12 moneys retained from simulcast wagering pursuant to this

13 subsection (g), and Section 26.2 shall be divided as

14 follows:

15 (A) For interstate simulcast wagers made at a host

16 track, 50% to the host track and 50% to purses at the

17 host track.

18 (B) For wagers placed on interstate simulcast

19 races, supplemental simulcasts as defined in

20 subparagraphs (1) and (2), and separately pooled races

21 conducted outside of the State of Illinois made at a

22 non-host licensee, 25% to the host track, 25% to the

23 non-host licensee, and 50% to the purses at the host

24 track.

25 (6) Notwithstanding any provision in this Act to the

26 contrary, non-host licensees who derive their licenses

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1 from a track located in a county with a population in

2 excess of 230,000 and that borders the Mississippi River

3 may receive supplemental interstate simulcast races at all

4 times subject to Board approval, which shall be withheld

5 only upon a finding that a supplemental interstate

6 simulcast is clearly adverse to the integrity of racing.

7 (7) Notwithstanding any provision of this Act to the

8 contrary, after payment of all applicable State and local

9 taxes and interstate commission fees, non-host licensees

10 who derive their licenses from a track located in a county

11 with a population in excess of 230,000 and that borders the

12 Mississippi River shall retain 50% of the retention from

13 interstate simulcast wagers and shall pay 50% to purses at

14 the track from which the non-host licensee derives its

15 license as follows:

16 (A) Between January 1 and the third Friday in

17 February, inclusive, if no live thoroughbred racing is

18 occurring in Illinois during this period, when the

19 interstate simulcast is a standardbred race, the purse

20 share to its standardbred purse account;

21 (B) Between January 1 and the third Friday in

22 February, inclusive, if no live thoroughbred racing is

23 occurring in Illinois during this period, and the

24 interstate simulcast is a thoroughbred race, the purse

25 share to its interstate simulcast purse pool to be

26 distributed under paragraph (10) of this subsection

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1 (g);

2 (C) Between January 1 and the third Friday in

3 February, inclusive, if live thoroughbred racing is

4 occurring in Illinois, between 6:30 a.m. and 6:30 p.m.

5 the purse share from wagers made during this time

6 period to its thoroughbred purse account and between

7 6:30 p.m. and 6:30 a.m. the purse share from wagers

8 made during this time period to its standardbred purse

9 accounts;

10 (D) Between the third Saturday in February and

11 December 31, when the interstate simulcast occurs

12 between the hours of 6:30 a.m. and 6:30 p.m., the purse

13 share to its thoroughbred purse account;

14 (E) Between the third Saturday in February and

15 December 31, when the interstate simulcast occurs

16 between the hours of 6:30 p.m. and 6:30 a.m., the purse

17 share to its standardbred purse account.

18 (7.1) Notwithstanding any other provision of this Act

19 to the contrary, if no standardbred racing is conducted at

20 a racetrack located in Madison County during any calendar

21 year beginning on or after January 1, 2002, all moneys

22 derived by that racetrack from simulcast wagering and

23 inter-track wagering that (1) are to be used for purses and

24 (2) are generated between the hours of 6:30 p.m. and 6:30

25 a.m. during that calendar year shall be paid as follows:

26 (A) If the licensee that conducts horse racing at

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1 that racetrack requests from the Board at least as many

2 racing dates as were conducted in calendar year 2000,

3 80% shall be paid to its thoroughbred purse account;

4 and

5 (B) Twenty percent shall be deposited into the

6 Illinois Colt Stakes Purse Distribution Fund and shall

7 be paid to purses for standardbred races for Illinois

8 conceived and foaled horses conducted at any county

9 fairgrounds. The moneys deposited into the Fund

10 pursuant to this subparagraph (B) shall be deposited

11 within 2 weeks after the day they were generated, shall

12 be in addition to and not in lieu of any other moneys

13 paid to standardbred purses under this Act, and shall

14 not be commingled with other moneys paid into that

15 Fund. The moneys deposited pursuant to this

16 subparagraph (B) shall be allocated as provided by the

17 Department of Agriculture, with the advice and

18 assistance of the Illinois Standardbred Breeders Fund

19 Advisory Board.

20 (7.2) Notwithstanding any other provision of this Act

21 to the contrary, if no thoroughbred racing is conducted at

22 a racetrack located in Madison County during any calendar

23 year beginning on or after January 1, 2002, all moneys

24 derived by that racetrack from simulcast wagering and

25 inter-track wagering that (1) are to be used for purses and

26 (2) are generated between the hours of 6:30 a.m. and 6:30

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1 p.m. during that calendar year shall be deposited as

2 follows:

3 (A) If the licensee that conducts horse racing at

4 that racetrack requests from the Board at least as many

5 racing dates as were conducted in calendar year 2000,

6 80% shall be deposited into its standardbred purse

7 account; and

8 (B) Twenty percent shall be deposited into the

9 Illinois Colt Stakes Purse Distribution Fund. Moneys

10 deposited into the Illinois Colt Stakes Purse

11 Distribution Fund pursuant to this subparagraph (B)

12 shall be paid to Illinois conceived and foaled

13 thoroughbred breeders' programs and to thoroughbred

14 purses for races conducted at any county fairgrounds

15 for Illinois conceived and foaled horses at the

16 discretion of the Department of Agriculture, with the

17 advice and assistance of the Illinois Thoroughbred

18 Breeders Fund Advisory Board. The moneys deposited

19 into the Illinois Colt Stakes Purse Distribution Fund

20 pursuant to this subparagraph (B) shall be deposited

21 within 2 weeks after the day they were generated, shall

22 be in addition to and not in lieu of any other moneys

23 paid to thoroughbred purses under this Act, and shall

24 not be commingled with other moneys deposited into that

25 Fund.

26 (7.3) If no live standardbred racing is conducted at a

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1 racetrack located in Madison County in calendar year 2000

2 or 2001, an organization licensee who is licensed to

3 conduct horse racing at that racetrack shall, before

4 January 1, 2002, pay all moneys derived from simulcast

5 wagering and inter-track wagering in calendar years 2000

6 and 2001 and paid into the licensee's standardbred purse

7 account as follows:

8 (A) Eighty percent to that licensee's thoroughbred

9 purse account to be used for thoroughbred purses; and

10 (B) Twenty percent to the Illinois Colt Stakes

11 Purse Distribution Fund.

12 Failure to make the payment to the Illinois Colt Stakes

13 Purse Distribution Fund before January 1, 2002 shall result

14 in the immediate revocation of the licensee's organization

15 license, inter-track wagering license, and inter-track

16 wagering location license.

17 Moneys paid into the Illinois Colt Stakes Purse

18 Distribution Fund pursuant to this paragraph (7.3) shall be

19 paid to purses for standardbred races for Illinois

20 conceived and foaled horses conducted at any county

21 fairgrounds. Moneys paid into the Illinois Colt Stakes

22 Purse Distribution Fund pursuant to this paragraph (7.3)

23 shall be used as determined by the Department of

24 Agriculture, with the advice and assistance of the Illinois

25 Standardbred Breeders Fund Advisory Board, shall be in

26 addition to and not in lieu of any other moneys paid to

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1 standardbred purses under this Act, and shall not be

2 commingled with any other moneys paid into that Fund.

3 (7.4) If live standardbred racing is conducted at a

4 racetrack located in Madison County at any time in calendar

5 year 2001 before the payment required under paragraph (7.3)

6 has been made, the organization licensee who is licensed to

7 conduct racing at that racetrack shall pay all moneys

8 derived by that racetrack from simulcast wagering and

9 inter-track wagering during calendar years 2000 and 2001

10 that (1) are to be used for purses and (2) are generated

11 between the hours of 6:30 p.m. and 6:30 a.m. during 2000 or

12 2001 to the standardbred purse account at that racetrack to

13 be used for standardbred purses.

14 (8) Notwithstanding any provision in this Act to the

15 contrary, an organization licensee from a track located in

16 a county with a population in excess of 230,000 and that

17 borders the Mississippi River and its affiliated non-host

18 licensees shall not be entitled to share in any retention

19 generated on racing, inter-track wagering, or simulcast

20 wagering at any other Illinois wagering facility.

21 (8.1) Notwithstanding any provisions in this Act to the

22 contrary, if 2 organization licensees are conducting

23 standardbred race meetings concurrently between the hours

24 of 6:30 p.m. and 6:30 a.m., after payment of all applicable

25 State and local taxes and interstate commission fees, the

26 remainder of the amount retained from simulcast wagering

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1 otherwise attributable to the host track and to host track

2 purses shall be split daily between the 2 organization

3 licensees and the purses at the tracks of the 2

4 organization licensees, respectively, based on each

5 organization licensee's share of the total live handle for

6 that day, provided that this provision shall not apply to

7 any non-host licensee that derives its license from a track

8 located in a county with a population in excess of 230,000

9 and that borders the Mississippi River.

10 (9) (Blank).

11 (10) (Blank).

12 (11) (Blank).

13 (12) The Board shall have authority to compel all host

14 tracks to receive the simulcast of any or all races

15 conducted at the Springfield or DuQuoin State fairgrounds

16 and include all such races as part of their simulcast

17 programs.

18 (13) Notwithstanding any other provision of this Act,

19 in the event that the total Illinois pari-mutuel handle on

20 Illinois horse races at all wagering facilities in any

21 calendar year is less than 75% of the total Illinois

22 pari-mutuel handle on Illinois horse races at all such

23 wagering facilities for calendar year 1994, then each

24 wagering facility that has an annual total Illinois

25 pari-mutuel handle on Illinois horse races that is less

26 than 75% of the total Illinois pari-mutuel handle on

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1 Illinois horse races at such wagering facility for calendar

2 year 1994, shall be permitted to receive, from any amount

3 otherwise payable to the purse account at the race track

4 with which the wagering facility is affiliated in the

5 succeeding calendar year, an amount equal to 2% of the

6 differential in total Illinois pari-mutuel handle on

7 Illinois horse races at the wagering facility between that

8 calendar year in question and 1994 provided, however, that

9 a wagering facility shall not be entitled to any such

10 payment until the Board certifies in writing to the

11 wagering facility the amount to which the wagering facility

12 is entitled and a schedule for payment of the amount to the

13 wagering facility, based on: (i) the racing dates awarded

14 to the race track affiliated with the wagering facility

15 during the succeeding year; (ii) the sums available or

16 anticipated to be available in the purse account of the

17 race track affiliated with the wagering facility for purses

18 during the succeeding year; and (iii) the need to ensure

19 reasonable purse levels during the payment period. The

20 Board's certification shall be provided no later than

21 January 31 of the succeeding year. In the event a wagering

22 facility entitled to a payment under this paragraph (13) is

23 affiliated with a race track that maintains purse accounts

24 for both standardbred and thoroughbred racing, the amount

25 to be paid to the wagering facility shall be divided

26 between each purse account pro rata, based on the amount of

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1 Illinois handle on Illinois standardbred and thoroughbred

2 racing respectively at the wagering facility during the

3 previous calendar year. Annually, the General Assembly

4 shall appropriate sufficient funds from the General

5 Revenue Fund to the Department of Agriculture for payment

6 into the thoroughbred and standardbred horse racing purse

7 accounts at Illinois pari-mutuel tracks. The amount paid to

8 each purse account shall be the amount certified by the

9 Illinois Racing Board in January to be transferred from

10 each account to each eligible racing facility in accordance

11 with the provisions of this Section.

12 (h) The Board may approve and license the conduct of

13 inter-track wagering and simulcast wagering by inter-track

14 wagering licensees and inter-track wagering location licensees

15 subject to the following terms and conditions:

16 (1) Any person licensed to conduct a race meeting (i)

17 at a track where 60 or more days of racing were conducted

18 during the immediately preceding calendar year or where

19 over the 5 immediately preceding calendar years an average

20 of 30 or more days of racing were conducted annually may be

21 issued an inter-track wagering license; (ii) at a track

22 located in a county that is bounded by the Mississippi

23 River, which has a population of less than 150,000

24 according to the 1990 decennial census, and an average of

25 at least 60 days of racing per year between 1985 and 1993

26 may be issued an inter-track wagering license; or (iii) at

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1 a track located in Madison County that conducted at least

2 100 days of live racing during the immediately preceding

3 calendar year may be issued an inter-track wagering

4 license, unless a lesser schedule of live racing is the

5 result of (A) weather, unsafe track conditions, or other

6 acts of God; (B) an agreement between the organization

7 licensee and the associations representing the largest

8 number of owners, trainers, jockeys, or standardbred

9 drivers who race horses at that organization licensee's

10 racing meeting; or (C) a finding by the Board of

11 extraordinary circumstances and that it was in the best

12 interest of the public and the sport to conduct fewer than

13 100 days of live racing. Any such person having operating

14 control of the racing facility may also receive up to 6

15 inter-track wagering location licenses. In no event shall

16 more than 6 inter-track wagering locations be established

17 for each eligible race track, except that an eligible race

18 track located in a county that has a population of more

19 than 230,000 and that is bounded by the Mississippi River

20 may establish up to 7 inter-track wagering locationsand an

21 eligible race track located in Cook County may establish up

22 to 8 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 for

25 an inter-track wagering location license there shall be

26 delivered to the Board a certified check or bank draft

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1 payable to the order of the Board for an amount equal to

2 $500. The application shall be on forms prescribed and

3 furnished by the Board. The application shall comply with

4 all other rules, regulations and conditions imposed by the

5 Board in connection therewith.

6 (2) The Board shall examine the applications with

7 respect to their conformity with this Act and the rules and

8 regulations imposed by the Board. If found to be in

9 compliance with the Act and rules and regulations of the

10 Board, the Board may then issue a license to conduct

11 inter-track wagering and simulcast wagering to such

12 applicant. All such applications shall be acted upon by the

13 Board at a meeting to be held on such date as may be fixed

14 by the Board.

15 (3) In granting licenses to conduct inter-track

16 wagering and simulcast wagering, the Board shall give due

17 consideration to the best interests of the public, of horse

18 racing, and of maximizing revenue to the State.

19 (4) Prior to the issuance of a license to conduct

20 inter-track wagering and simulcast wagering, the applicant

21 shall file with the Board a bond payable to the State of

22 Illinois in the sum of $50,000, executed by the applicant

23 and a surety company or companies authorized to do business

24 in this State, and conditioned upon (i) the payment by the

25 licensee of all taxes due under Section 27 or 27.1 and any

26 other monies due and payable under this Act, and (ii)

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1 distribution by the licensee, upon presentation of the

2 winning ticket or tickets, of all sums payable to the

3 patrons of pari-mutuel pools.

4 (5) Each license to conduct inter-track wagering and

5 simulcast wagering shall specify the person to whom it is

6 issued, the dates on which such wagering is permitted, and

7 the track or location where the wagering is to be

8 conducted.

9 (6) All wagering under such license is subject to this

10 Act and to the rules and regulations from time to time

11 prescribed by the Board, and every such license issued by

12 the Board shall contain a recital to that effect.

13 (7) An inter-track wagering licensee or inter-track

14 wagering location licensee may accept wagers at the track

15 or location where it is licensed, or as otherwise provided

16 under this Act.

17 (8) Inter-track wagering or simulcast wagering shall

18 not be conducted at any track less than 5 miles from a

19 track at which a racing meeting is in progress.

20 (8.1) Inter-track wagering location licensees who

21 derive their licenses from a particular organization

22 licensee shall conduct inter-track wagering and simulcast

23 wagering only at locations which are either within 90 miles

24 of that race track where the particular organization

25 licensee is licensed to conduct racing, or within 135 miles

26 of that race track where the particular organization

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1 licensee is licensed to conduct racing in the case of race

2 tracks in counties of less than 400,000 that were operating

3 on or before June 1, 1986. However, inter-track wagering

4 and simulcast wagering shall not be conducted by those

5 licensees at any location within 5 miles of any race track

6 at which a horse race meeting has been licensed in the

7 current year, unless the person having operating control of

8 such race track has given its written consent to such

9 inter-track wagering location licensees, which consent

10 must be filed with the Board at or prior to the time

11 application is made. In the case of any inter-track

12 wagering location licensee initially licensed after

13 December 31, 2013, inter-track wagering and simulcast

14 wagering shall not be conducted by those inter-track

15 wagering location licensees that are located outside the

16 City of Chicago at any location within 8 miles of any race

17 track at which a horse race meeting has been licensed in

18 the current year, unless the person having operating

19 control of such race track has given its written consent to

20 such inter-track wagering location licensees, which

21 consent must be filed with the Board at or prior to the

22 time application is made.

23 (8.2) Inter-track wagering or simulcast wagering shall

24 not be conducted by an inter-track wagering location

25 licensee at any location within 500 feet of an existing

26 church or existing school, nor within 500 feet of the

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1 residences of more than 50 registered voters without

2 receiving written permission from a majority of the

3 registered voters at such residences. Such written

4 permission statements shall be filed with the Board. The

5 distance of 500 feet shall be measured to the nearest part

6 of any building used for worship services, education

7 programs, residential purposes, or conducting inter-track

8 wagering by an inter-track wagering location licensee, and

9 not to property boundaries. However, inter-track wagering

10 or simulcast wagering may be conducted at a site within 500

11 feet of a church , school or residences of 50 or more

12 registered voters if such church , school or residences

13 have been erected or established, or such voters have been

14 registered, after the Board issues the original

15 inter-track wagering location license at the site in

16 question. Inter-track wagering location licensees may

17 conduct inter-track wagering and simulcast wagering only

18 in areas that are zoned for commercial or manufacturing

19 purposes or in areas for which a special use has been

20 approved by the local zoning authority. However, no license

21 to conduct inter-track wagering and simulcast wagering

22 shall be granted by the Board with respect to any

23 inter-track wagering location within the jurisdiction of

24 any local zoning authority which has, by ordinance or by

25 resolution, prohibited the establishment of an inter-track

26 wagering location within its jurisdiction. However,

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1 inter-track wagering and simulcast wagering may be

2 conducted at a site if such ordinance or resolution is

3 enacted after the Board licenses the original inter-track

4 wagering location licensee for the site in question.

5 (9) (Blank).

6 (10) An inter-track wagering licensee or an

7 inter-track wagering location licensee may retain, subject

8 to the payment of the privilege taxes and the purses, an

9 amount not to exceed 17% of all money wagered. Each program

10 of racing conducted by each inter-track wagering licensee

11 or inter-track wagering location licensee shall be

12 considered a separate racing day for the purpose of

13 determining the daily handle and computing the privilege

14 tax or pari-mutuel tax on such daily handle as provided in

15 Section 27.

16 (10.1) Except as provided in subsection (g) of Section

17 27 of this Act, inter-track wagering location licensees

18 shall pay 1% of the pari-mutuel handle at each location to

19 the municipality in which such location is situated and 1%

20 of the pari-mutuel handle at each location to the county in

21 which such location is situated. In the event that an

22 inter-track wagering location licensee is situated in an

23 unincorporated area of a county, such licensee shall pay 2%

24 of the pari-mutuel handle from such location to such

25 county.

26 (10.2) Notwithstanding any other provision of this

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1 Act, with respect to intertrack wagering at a race track

2 located in a county that has a population of more than

3 230,000 and that is bounded by the Mississippi River ("the

4 first race track"), or at a facility operated by an

5 inter-track wagering licensee or inter-track wagering

6 location licensee that derives its license from the

7 organization licensee that operates the first race track,

8 on races conducted at the first race track or on races

9 conducted at another Illinois race track and

10 simultaneously televised to the first race track or to a

11 facility operated by an inter-track wagering licensee or

12 inter-track wagering location licensee that derives its

13 license from the organization licensee that operates the

14 first race track, those moneys shall be allocated as

15 follows:

16 (A) That portion of all moneys wagered on

17 standardbred racing that is required under this Act to

18 be paid to purses shall be paid to purses for

19 standardbred races.

20 (B) That portion of all moneys wagered on

21 thoroughbred racing that is required under this Act to

22 be paid to purses shall be paid to purses for

23 thoroughbred races.

24 (11) (A) After payment of the privilege or pari-mutuel

25 tax, any other applicable taxes, and the costs and expenses

26 in connection with the gathering, transmission, and

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1 dissemination of all data necessary to the conduct of

2 inter-track wagering, the remainder of the monies retained

3 under either Section 26 or Section 26.2 of this Act by the

4 inter-track wagering licensee on inter-track wagering

5 shall be allocated with 50% to be split between the 2

6 participating licensees and 50% to purses, except that an

7 intertrack wagering licensee that derives its license from

8 a track located in a county with a population in excess of

9 230,000 and that borders the Mississippi River shall not

10 divide any remaining retention with the Illinois

11 organization licensee that provides the race or races, and

12 an intertrack wagering licensee that accepts wagers on

13 races conducted by an organization licensee that conducts a

14 race meet in a county with a population in excess of

15 230,000 and that borders the Mississippi River shall not

16 divide any remaining retention with that organization

17 licensee.

18 (B) From the sums permitted to be retained pursuant to

19 this Act each inter-track wagering location licensee shall

20 pay (i) the privilege or pari-mutuel tax to the State; (ii)

21 4.75% of the pari-mutuel handle on intertrack wagering at

22 such location on races as purses, except that an intertrack

23 wagering location licensee that derives its license from a

24 track located in a county with a population in excess of

25 230,000 and that borders the Mississippi River shall retain

26 all purse moneys for its own purse account consistent with

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1 distribution set forth in this subsection (h), and

2 intertrack wagering location licensees that accept wagers

3 on races conducted by an organization licensee located in a

4 county with a population in excess of 230,000 and that

5 borders the Mississippi River shall distribute all purse

6 moneys to purses at the operating host track; (iii) until

7 January 1, 2000, except as provided in subsection (g) of

8 Section 27 of this Act, 1% of the pari-mutuel handle

9 wagered on inter-track wagering and simulcast wagering at

10 each inter-track wagering location licensee facility to

11 the Horse Racing Tax Allocation Fund, provided that, to the

12 extent the total amount collected and distributed to the

13 Horse Racing Tax Allocation Fund under this subsection (h)

14 during any calendar year exceeds the amount collected and

15 distributed to the Horse Racing Tax Allocation Fund during

16 calendar year 1994, that excess amount shall be

17 redistributed (I) to all inter-track wagering location

18 licensees, based on each licensee's pro-rata share of the

19 total handle from inter-track wagering and simulcast

20 wagering for all inter-track wagering location licensees

21 during the calendar year in which this provision is

22 applicable; then (II) the amounts redistributed to each

23 inter-track wagering location licensee as described in

24 subpart (I) shall be further redistributed as provided in

25 subparagraph (B) of paragraph (5) of subsection (g) of this

26 Section 26 provided first, that the shares of those

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1 amounts, which are to be redistributed to the host track or

2 to purses at the host track under subparagraph (B) of

3 paragraph (5) of subsection (g) of this Section 26 shall be

4 redistributed based on each host track's pro rata share of

5 the total inter-track wagering and simulcast wagering

6 handle at all host tracks during the calendar year in

7 question, and second, that any amounts redistributed as

8 described in part (I) to an inter-track wagering location

9 licensee that accepts wagers on races conducted by an

10 organization licensee that conducts a race meet in a county

11 with a population in excess of 230,000 and that borders the

12 Mississippi River shall be further redistributed as

13 provided in subparagraphs (D) and (E) of paragraph (7) of

14 subsection (g) of this Section 26, with the portion of that

15 further redistribution allocated to purses at that

16 organization licensee to be divided between standardbred

17 purses and thoroughbred purses based on the amounts

18 otherwise allocated to purses at that organization

19 licensee during the calendar year in question; and (iv) 8%

20 of the pari-mutuel handle on inter-track wagering wagered

21 at such location to satisfy all costs and expenses of

22 conducting its wagering. The remainder of the monies

23 retained by the inter-track wagering location licensee

24 shall be allocated 40% to the location licensee and 60% to

25 the organization licensee which provides the Illinois

26 races to the location, except that an intertrack wagering

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1 location licensee that derives its license from a track

2 located in a county with a population in excess of 230,000

3 and that borders the Mississippi River shall not divide any

4 remaining retention with the organization licensee that

5 provides the race or races and an intertrack wagering

6 location licensee that accepts wagers on races conducted by

7 an organization licensee that conducts a race meet in a

8 county with a population in excess of 230,000 and that

9 borders the Mississippi River shall not divide any

10 remaining retention with the organization licensee.

11 Notwithstanding the provisions of clauses (ii) and (iv) of

12 this paragraph, in the case of the additional inter-track

13 wagering location licenses authorized under paragraph (1)

14 of this subsection (h) by this amendatory Act of 1991,

15 those licensees shall pay the following amounts as purses:

16 during the first 12 months the licensee is in operation,

17 5.25% of the pari-mutuel handle wagered at the location on

18 races; during the second 12 months, 5.25%; during the third

19 12 months, 5.75%; during the fourth 12 months, 6.25%; and

20 during the fifth 12 months and thereafter, 6.75%. The

21 following amounts shall be retained by the licensee to

22 satisfy all costs and expenses of conducting its wagering:

23 during the first 12 months the licensee is in operation,

24 8.25% of the pari-mutuel handle wagered at the location;

25 during the second 12 months, 8.25%; during the third 12

26 months, 7.75%; during the fourth 12 months, 7.25%; and

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1 during the fifth 12 months and thereafter, 6.75%. For

2 additional intertrack wagering location licensees

3 authorized under this amendatory Act of 1995, purses for

4 the first 12 months the licensee is in operation shall be

5 5.75% of the pari-mutuel wagered at the location, purses

6 for the second 12 months the licensee is in operation shall

7 be 6.25%, and purses thereafter shall be 6.75%. For

8 additional intertrack location licensees authorized under

9 this amendatory Act of 1995, the licensee shall be allowed

10 to retain to satisfy all costs and expenses: 7.75% of the

11 pari-mutuel handle wagered at the location during its first

12 12 months of operation, 7.25% during its second 12 months

13 of operation, and 6.75% thereafter.

14 (C) There is hereby created the Horse Racing Tax

15 Allocation Fund which shall remain in existence until

16 December 31, 1999. Moneys remaining in the Fund after

17 December 31, 1999 shall be paid into the General Revenue

18 Fund. Until January 1, 2000, all monies paid into the Horse

19 Racing Tax Allocation Fund pursuant to this paragraph (11)

20 by inter-track wagering location licensees located in park

21 districts of 500,000 population or less, or in a

22 municipality that is not included within any park district

23 but is included within a conservation district and is the

24 county seat of a county that (i) is contiguous to the state

25 of Indiana and (ii) has a 1990 population of 88,257

26 according to the United States Bureau of the Census, and

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1 operating on May 1, 1994 shall be allocated by

2 appropriation as follows:

3 Two-sevenths to the Department of Agriculture.

4 Fifty percent of this two-sevenths shall be used to

5 promote the Illinois horse racing and breeding

6 industry, and shall be distributed by the Department of

7 Agriculture upon the advice of a 9-member committee

8 appointed by the Governor consisting of the following

9 members: the Director of Agriculture, who shall serve

10 as chairman; 2 representatives of organization

11 licensees conducting thoroughbred race meetings in

12 this State, recommended by those licensees; 2

13 representatives of organization licensees conducting

14 standardbred race meetings in this State, recommended

15 by those licensees; a representative of the Illinois

16 Thoroughbred Breeders and Owners Foundation,

17 recommended by that Foundation; a representative of

18 the Illinois Standardbred Owners and Breeders

19 Association, recommended by that Association; a

20 representative of the Horsemen's Benevolent and

21 Protective Association or any successor organization

22 thereto established in Illinois comprised of the

23 largest number of owners and trainers, recommended by

24 that Association or that successor organization; and a

25 representative of the Illinois Harness Horsemen's

26 Association, recommended by that Association.

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1 Committee members shall serve for terms of 2 years,

2 commencing January 1 of each even-numbered year. If a

3 representative of any of the above-named entities has

4 not been recommended by January 1 of any even-numbered

5 year, the Governor shall appoint a committee member to

6 fill that position. Committee members shall receive no

7 compensation for their services as members but shall be

8 reimbursed for all actual and necessary expenses and

9 disbursements incurred in the performance of their

10 official duties. The remaining 50% of this

11 two-sevenths shall be distributed to county fairs for

12 premiums and rehabilitation as set forth in the

13 Agricultural Fair Act;

14 Four-sevenths to park districts or municipalities

15 that do not have a park district of 500,000 population

16 or less for museum purposes (if an inter-track wagering

17 location licensee is located in such a park district)

18 or to conservation districts for museum purposes (if an

19 inter-track wagering location licensee is located in a

20 municipality that is not included within any park

21 district but is included within a conservation

22 district and is the county seat of a county that (i) is

23 contiguous to the state of Indiana and (ii) has a 1990

24 population of 88,257 according to the United States

25 Bureau of the Census, except that if the conservation

26 district does not maintain a museum, the monies shall

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1 be allocated equally between the county and the

2 municipality in which the inter-track wagering

3 location licensee is located for general purposes) or

4 to a municipal recreation board for park purposes (if

5 an inter-track wagering location licensee is located

6 in a municipality that is not included within any park

7 district and park maintenance is the function of the

8 municipal recreation board and the municipality has a

9 1990 population of 9,302 according to the United States

10 Bureau of the Census); provided that the monies are

11 distributed to each park district or conservation

12 district or municipality that does not have a park

13 district in an amount equal to four-sevenths of the

14 amount collected by each inter-track wagering location

15 licensee within the park district or conservation

16 district or municipality for the Fund. Monies that were

17 paid into the Horse Racing Tax Allocation Fund before

18 the effective date of this amendatory Act of 1991 by an

19 inter-track wagering location licensee located in a

20 municipality that is not included within any park

21 district but is included within a conservation

22 district as provided in this paragraph shall, as soon

23 as practicable after the effective date of this

24 amendatory Act of 1991, be allocated and paid to that

25 conservation district as provided in this paragraph.

26 Any park district or municipality not maintaining a

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1 museum may deposit the monies in the corporate fund of

2 the park district or municipality where the

3 inter-track wagering location is located, to be used

4 for general purposes; and

5 One-seventh to the Agricultural Premium Fund to be

6 used for distribution to agricultural home economics

7 extension councils in accordance with "An Act in

8 relation to additional support and finances for the

9 Agricultural and Home Economic Extension Councils in

10 the several counties of this State and making an

11 appropriation therefor", approved July 24, 1967.

12 Until January 1, 2000, all other monies paid into the

13 Horse Racing Tax Allocation Fund pursuant to this paragraph

14 (11) shall be allocated by appropriation as follows:

15 Two-sevenths to the Department of Agriculture.

16 Fifty percent of this two-sevenths shall be used to

17 promote the Illinois horse racing and breeding

18 industry, and shall be distributed by the Department of

19 Agriculture upon the advice of a 9-member committee

20 appointed by the Governor consisting of the following

21 members: the Director of Agriculture, who shall serve

22 as chairman; 2 representatives of organization

23 licensees conducting thoroughbred race meetings in

24 this State, recommended by those licensees; 2

25 representatives of organization licensees conducting

26 standardbred race meetings in this State, recommended

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1 by those licensees; a representative of the Illinois

2 Thoroughbred Breeders and Owners Foundation,

3 recommended by that Foundation; a representative of

4 the Illinois Standardbred Owners and Breeders

5 Association, recommended by that Association; a

6 representative of the Horsemen's Benevolent and

7 Protective Association or any successor organization

8 thereto established in Illinois comprised of the

9 largest number of owners and trainers, recommended by

10 that Association or that successor organization; and a

11 representative of the Illinois Harness Horsemen's

12 Association, recommended by that Association.

13 Committee members shall serve for terms of 2 years,

14 commencing January 1 of each even-numbered year. If a

15 representative of any of the above-named entities has

16 not been recommended by January 1 of any even-numbered

17 year, the Governor shall appoint a committee member to

18 fill that position. Committee members shall receive no

19 compensation for their services as members but shall be

20 reimbursed for all actual and necessary expenses and

21 disbursements incurred in the performance of their

22 official duties. The remaining 50% of this

23 two-sevenths shall be distributed to county fairs for

24 premiums and rehabilitation as set forth in the

25 Agricultural Fair Act;

26 Four-sevenths to museums and aquariums located in

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1 park districts of over 500,000 population; provided

2 that the monies are distributed in accordance with the

3 previous year's distribution of the maintenance tax

4 for such museums and aquariums as provided in Section 2

5 of the Park District Aquarium and Museum Act; and

6 One-seventh to the Agricultural Premium Fund to be

7 used for distribution to agricultural home economics

8 extension councils in accordance with "An Act in

9 relation to additional support and finances for the

10 Agricultural and Home Economic Extension Councils in

11 the several counties of this State and making an

12 appropriation therefor", approved July 24, 1967. This

13 subparagraph (C) shall be inoperative and of no force

14 and effect on and after January 1, 2000.

15 (D) Except as provided in paragraph (11) of this

16 subsection (h), with respect to purse allocation from

17 intertrack wagering, the monies so retained shall be

18 divided as follows:

19 (i) If the inter-track wagering licensee,

20 except an intertrack wagering licensee that

21 derives its license from an organization licensee

22 located in a county with a population in excess of

23 230,000 and bounded by the Mississippi River, is

24 not conducting its own race meeting during the same

25 dates, then the entire purse allocation shall be to

26 purses at the track where the races wagered on are

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1 being conducted.

2 (ii) If the inter-track wagering licensee,

3 except an intertrack wagering licensee that

4 derives its license from an organization licensee

5 located in a county with a population in excess of

6 230,000 and bounded by the Mississippi River, is

7 also conducting its own race meeting during the

8 same dates, then the purse allocation shall be as

9 follows: 50% to purses at the track where the races

10 wagered on are being conducted; 50% to purses at

11 the track where the inter-track wagering licensee

12 is accepting such wagers.

13 (iii) If the inter-track wagering is being

14 conducted by an inter-track wagering location

15 licensee, except an intertrack wagering location

16 licensee that derives its license from an

17 organization licensee located in a county with a

18 population in excess of 230,000 and bounded by the

19 Mississippi River, the entire purse allocation for

20 Illinois races shall be to purses at the track

21 where the race meeting being wagered on is being

22 held.

23 (12) The Board shall have all powers necessary and

24 proper to fully supervise and control the conduct of

25 inter-track wagering and simulcast wagering by inter-track

26 wagering licensees and inter-track wagering location

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1 licensees, including, but not limited to the following:

2 (A) The Board is vested with power to promulgate

3 reasonable rules and regulations for the purpose of

4 administering the conduct of this wagering and to

5 prescribe reasonable rules, regulations and conditions

6 under which such wagering shall be held and conducted.

7 Such rules and regulations are to provide for the

8 prevention of practices detrimental to the public

9 interest and for the best interests of said wagering

10 and to impose penalties for violations thereof.

11 (B) The Board, and any person or persons to whom it

12 delegates this power, is vested with the power to enter

13 the facilities of any licensee to determine whether

14 there has been compliance with the provisions of this

15 Act and the rules and regulations relating to the

16 conduct of such wagering.

17 (C) The Board, and any person or persons to whom it

18 delegates this power, may eject or exclude from any

19 licensee's facilities, any person whose conduct or

20 reputation is such that his presence on such premises

21 may, in the opinion of the Board, call into the

22 question the honesty and integrity of, or interfere

23 with the orderly conduct of such wagering; provided,

24 however, that no person shall be excluded or ejected

25 from such premises solely on the grounds of race,

26 color, creed, national origin, ancestry, or sex.

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1 (D) (Blank).

2 (E) The Board is vested with the power to appoint

3 delegates to execute any of the powers granted to it

4 under this Section for the purpose of administering

5 this wagering and any rules and regulations

6 promulgated in accordance with this Act.

7 (F) The Board shall name and appoint a State

8 director of this wagering who shall be a representative

9 of the Board and whose duty it shall be to supervise

10 the conduct of inter-track wagering as may be provided

11 for by the rules and regulations of the Board; such

12 rules and regulation shall specify the method of

13 appointment and the Director's powers, authority and

14 duties.

15 (G) The Board is vested with the power to impose

16 civil penalties of up to $5,000 against individuals and

17 up to $10,000 against licensees for each violation of

18 any provision of this Act relating to the conduct of

19 this wagering, any rules adopted by the Board, any

20 order of the Board or any other action which in the

21 Board's discretion, is a detriment or impediment to

22 such wagering.

23 (13) The Department of Agriculture may enter into

24 agreements with licensees authorizing such licensees to

25 conduct inter-track wagering on races to be held at the

26 licensed race meetings conducted by the Department of

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1 Agriculture. Such agreement shall specify the races of the

2 Department of Agriculture's licensed race meeting upon

3 which the licensees will conduct wagering. In the event

4 that a licensee conducts inter-track pari-mutuel wagering

5 on races from the Illinois State Fair or DuQuoin State Fair

6 which are in addition to the licensee's previously approved

7 racing program, those races shall be considered a separate

8 racing day for the purpose of determining the daily handle

9 and computing the privilege or pari-mutuel tax on that

10 daily handle as provided in Sections 27 and 27.1. Such

11 agreements shall be approved by the Board before such

12 wagering may be conducted. In determining whether to grant

13 approval, the Board shall give due consideration to the

14 best interests of the public and of horse racing. The

15 provisions of paragraphs (1), (8), (8.1), and (8.2) of

16 subsection (h) of this Section which are not specified in

17 this paragraph (13) shall not apply to licensed race

18 meetings conducted by the Department of Agriculture at the

19 Illinois State Fair in Sangamon County or the DuQuoin State

20 Fair in Perry County, or to any wagering conducted on those

21 race meetings.

22 (i) Notwithstanding the other provisions of this Act, the

23 conduct of wagering at wagering facilities is authorized on all

24 days, except as limited by subsection (b) of Section 19 of this

25 Act.

26 (Source: P.A. 97-1060, eff. 8-24-12; 98-18, eff. 6-7-13.)

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1 (230 ILCS 5/26.8 new)

2 Sec. 26.8. Beginning on February 1, 2014 and until January

3 31, 2017, each wagering licensee may impose a surcharge of up

4 to 0.5% on winning wagers and winnings from wagers. The

5 surcharge shall be deducted from winnings prior to payout. All

6 amounts collected from the imposition of this surcharge shall

7 be evenly distributed to the organization licensee and the

8 purse account of the organization licensee with which the

9 licensee is affiliated. The amounts distributed under this

10 Section shall be in addition to the amounts paid pursuant to

11 paragraph (10) of subsection (h) of Section 26, Section 26.3,

12 Section 26.4, Section 26.5, and Section 26.7.

13 (230 ILCS 5/26.9 new)

14 Sec. 26.9. Beginning on February 1, 2014 until January 31,

15 2017, in addition to the surcharge imposed in Sections 26.3,

16 26.4, 26.5, 26.7, and 26.8 of this Act, each licensee shall

17 impose a surcharge of 0.2% on winning wagers and winnings from

18 wagers. The surcharge shall be deducted from winnings prior to

19 payout. All amounts collected from the surcharges imposed under

20 this Section shall be remitted to the Board. From amounts

21 collected under this Section, the Board shall deposit an amount

22 not to exceed $100,000 annually into the Quarter Horse Purse

23 Fund and all remaining amounts into the Horse Racing Fund.

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1 (230 ILCS 5/27) (from Ch. 8, par. 37-27)

2 Sec. 27. (a) In addition to the organization license fee

3 provided by this Act, until January 1, 2000, a graduated

4 privilege tax is hereby imposed for conducting the pari-mutuel

5 system of wagering permitted under this Act. Until January 1,

6 2000, except as provided in subsection (g) of Section 27 of

7 this Act, all of the breakage of each racing day held by any

8 licensee in the State shall be paid to the State. Until January

9 1, 2000, such daily graduated privilege tax shall be paid by

10 the licensee from the amount permitted to be retained under

11 this Act. Until January 1, 2000, each day's graduated privilege

12 tax, breakage, and Horse Racing Tax Allocation funds shall be

13 remitted to the Department of Revenue within 48 hours after the

14 close of the racing day upon which it is assessed or within

15 such other time as the Board prescribes. The privilege tax

16 hereby imposed, until January 1, 2000, shall be a flat tax at

17 the rate of 2% of the daily pari-mutuel handle except as

18 provided in Section 27.1.

19 In addition, every organization licensee, except as

20 provided in Section 27.1 of this Act, which conducts multiple

21 wagering shall pay, until January 1, 2000, as a privilege tax

22 on multiple wagers an amount equal to 1.25% of all moneys

23 wagered each day on such multiple wagers, plus an additional

24 amount equal to 3.5% of the amount wagered each day on any

25 other multiple wager which involves a single betting interest

26 on 3 or more horses. The licensee shall remit the amount of

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1 such taxes to the Department of Revenue within 48 hours after

2 the close of the racing day on which it is assessed or within

3 such other time as the Board prescribes.

4 This subsection (a) shall be inoperative and of no force

5 and effect on and after January 1, 2000.

6 (a-5) Beginning on January 1, 2000, a flat pari-mutuel tax

7 at the rate of 1.5% of the daily pari-mutuel handle is imposed

8 at all pari-mutuel wagering facilities and on advance deposit

9 wagering from a location other than a wagering facility, except

10 as otherwise provided for in this subsection (a-5). In addition

11 to the pari-mutuel tax imposed on advance deposit wagering

12 pursuant to this subsection (a-5), beginning on August 24, 2012

13 (the effective date of Public Act 97-1060) ~~this amendatory Act~~

14 ~~of the 97th General Assembly~~ until February 1, 2017 ~~January 31,~~

15 ~~2014~~, an additional pari-mutuel tax at the rate of 0.25% shall

16 be imposed on advance deposit wagering. Until August 25, 2012,

17 the additional 0.25% pari-mutuel tax imposed on advance deposit

18 wagering by Public Act 96-972 shall be deposited into the

19 Quarter Horse Purse Fund, which shall be created as a

20 non-appropriated trust fund administered by the Board for

21 grants to thoroughbred organization licensees for payment of

22 purses for quarter horse races conducted by the organization

23 licensee. Beginning on August 26, 2012, the additional 0.25%

24 pari-mutuel tax imposed on advance deposit wagering shall be

25 deposited into the Standardbred Purse Fund, which shall be

26 created as a non-appropriated trust fund administered by the

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1 Board, for grants to the standardbred organization licensees

2 for payment of purses for standardbred horse races conducted by

3 the organization licensee. Thoroughbred organization licensees

4 may petition the Board to conduct quarter horse racing and

5 receive purse grants from the Quarter Horse Purse Fund. The

6 Board shall have complete discretion in distributing the

7 Quarter Horse Purse Fund to the petitioning organization

8 licensees. Beginning on July 26, 2010 (the effective date of

9 Public Act 96-1287), a pari-mutuel tax at the rate of 0.75% of

10 the daily pari-mutuel handle is imposed at a pari-mutuel

11 facility whose license is derived from a track located in a

12 county that borders the Mississippi River and conducted live

13 racing in the previous year. The pari-mutuel tax imposed by

14 this subsection (a-5) shall be remitted to the Department of

15 Revenue within 48 hours after the close of the racing day upon

16 which it is assessed or within such other time as the Board

17 prescribes.

18 (b) On or before December 31, 1999, in the event that any

19 organization licensee conducts 2 separate programs of races on

20 any day, each such program shall be considered a separate

21 racing day for purposes of determining the daily handle and

22 computing the privilege tax on such daily handle as provided in

23 subsection (a) of this Section.

24 (c) Licensees shall at all times keep accurate books and

25 records of all monies wagered on each day of a race meeting and

26 of the taxes paid to the Department of Revenue under the

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1 provisions of this Section. The Board or its duly authorized

2 representative or representatives shall at all reasonable

3 times have access to such records for the purpose of examining

4 and checking the same and ascertaining whether the proper

5 amount of taxes is being paid as provided. The Board shall

6 require verified reports and a statement of the total of all

7 monies wagered daily at each wagering facility upon which the

8 taxes are assessed and may prescribe forms upon which such

9 reports and statement shall be made.

10 (d) Any licensee failing or refusing to pay the amount of

11 any tax due under this Section shall be guilty of a business

12 offense and upon conviction shall be fined not more than $5,000

13 in addition to the amount found due as tax under this Section.

14 Each day's violation shall constitute a separate offense. All

15 fines paid into Court by a licensee hereunder shall be

16 transmitted and paid over by the Clerk of the Court to the

17 Board.

18 (e) No other license fee, privilege tax, excise tax, or

19 racing fee, except as provided in this Act, shall be assessed

20 or collected from any such licensee by the State.

21 (f) No other license fee, privilege tax, excise tax or

22 racing fee shall be assessed or collected from any such

23 licensee by units of local government except as provided in

24 paragraph 10.1 of subsection (h) and subsection (f) of Section

25 26 of this Act. However, any municipality that has a Board

26 licensed horse race meeting at a race track wholly within its

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1 corporate boundaries or a township that has a Board licensed

2 horse race meeting at a race track wholly within the

3 unincorporated area of the township may charge a local

4 amusement tax not to exceed 10� per admission to such horse

5 race meeting by the enactment of an ordinance. However, any

6 municipality or county that has a Board licensed inter-track

7 wagering location facility wholly within its corporate

8 boundaries may each impose an admission fee not to exceed $1.00

9 per admission to such inter-track wagering location facility,

10 so that a total of not more than $2.00 per admission may be

11 imposed. Except as provided in subparagraph (g) of Section 27

12 of this Act, the inter-track wagering location licensee shall

13 collect any and all such fees and within 48 hours remit the

14 fees to the Board, which shall, pursuant to rule, cause the

15 fees to be distributed to the county or municipality.

16 (g) Notwithstanding any provision in this Act to the

17 contrary, if in any calendar year the total taxes and fees

18 required to be collected from licensees and distributed under

19 this Act to all State and local governmental authorities

20 exceeds the amount of such taxes and fees distributed to each

21 State and local governmental authority to which each State and

22 local governmental authority was entitled under this Act for

23 calendar year 1994, then the first $11 million of that excess

24 amount shall be allocated at the earliest possible date for

25 distribution as purse money for the succeeding calendar year.

26 Upon reaching the 1994 level, and until the excess amount of

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1 taxes and fees exceeds $11 million, the Board shall direct all

2 licensees to cease paying the subject taxes and fees and the

3 Board shall direct all licensees to allocate any such excess

4 amount for purses as follows:

5 (i) the excess amount shall be initially divided

6 between thoroughbred and standardbred purses based on the

7 thoroughbred's and standardbred's respective percentages

8 of total Illinois live wagering in calendar year 1994;

9 (ii) each thoroughbred and standardbred organization

10 licensee issued an organization licensee in that

11 succeeding allocation year shall be allocated an amount

12 equal to the product of its percentage of total Illinois

13 live thoroughbred or standardbred wagering in calendar

14 year 1994 (the total to be determined based on the sum of

15 1994 on-track wagering for all organization licensees

16 issued organization licenses in both the allocation year

17 and the preceding year) multiplied by the total amount

18 allocated for standardbred or thoroughbred purses,

19 provided that the first $1,500,000 of the amount allocated

20 to standardbred purses under item (i) shall be allocated to

21 the Department of Agriculture to be expended with the

22 assistance and advice of the Illinois Standardbred

23 Breeders Funds Advisory Board for the purposes listed in

24 subsection (g) of Section 31 of this Act, before the amount

25 allocated to standardbred purses under item (i) is

26 allocated to standardbred organization licensees in the

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1 succeeding allocation year.

2 To the extent the excess amount of taxes and fees to be

3 collected and distributed to State and local governmental

4 authorities exceeds $11 million, that excess amount shall be

5 collected and distributed to State and local authorities as

6 provided for under this Act.

7 (Source: P.A. 97-1060, eff. 8-24-12; 98-18, eff. 6-7-13.)

8 (230 ILCS 5/28.1)

9 Sec. 28.1. Payments.

10 (a) Beginning on January 1, 2000, moneys collected by the

11 Department of Revenue and the Racing Board pursuant to Section

12 26 or Section 27 of this Act shall be deposited into the Horse

13 Racing Fund, which is hereby created as a special fund in the

14 State Treasury.

15 (b) Appropriations, as approved by the General Assembly,

16 may be made from the Horse Racing Fund to the Board to pay the

17 salaries of the Board members, secretary, stewards, directors

18 of mutuels, veterinarians, representatives, accountants,

19 clerks, stenographers, inspectors and other employees of the

20 Board, and all expenses of the Board incident to the

21 administration of this Act, including, but not limited to, all

22 expenses and salaries incident to the taking of saliva and

23 urine samples in accordance with the rules and regulations of

24 the Board.

25 (c) (Blank) ~~Beginning on January 1, 2000, the Board shall~~

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1 ~~transfer the remainder of the funds generated pursuant to~~

2 ~~Sections 26 and 27 from the Horse Racing Fund into the General~~

3 ~~Revenue Fund~~.

4 (d) Beginning January 1, 2000, payments to all programs in

5 existence on the effective date of this amendatory Act of 1999

6 that are identified in Sections 26(c), 26(f), 26(h)(11)(C), and

7 28, subsections (a), (b), (c), (d), (e), (f), (g), and (h) of

8 Section 30, and subsections (a), (b), (c), (d), (e), (f), (g),

9 and (h) of Section 31 shall be made from the General Revenue

10 Fund at the funding levels determined by amounts paid under

11 this Act in calendar year 1998. Beginning on the effective date

12 of this amendatory Act of the 93rd General Assembly, payments

13 to the Peoria Park District shall be made from the General

14 Revenue Fund at the funding level determined by amounts paid to

15 that park district for museum purposes under this Act in

16 calendar year 1994.

17 If an inter-track wagering location licensee's facility

18 changes its location, then the payments associated with that

19 facility under this subsection (d) for museum purposes shall be

20 paid to the park district in the area where the facility

21 relocates, and the payments shall be used for museum purposes.

22 If the facility does not relocate to a park district, then the

23 payments shall be paid to the taxing district that is

24 responsible for park or museum expenditures.

25 (e) Beginning July 1, 2006, the payment authorized under

26 subsection (d) to museums and aquariums located in park

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1 districts of over 500,000 population shall be paid to museums,

2 aquariums, and zoos in amounts determined by Museums in the

3 Park, an association of museums, aquariums, and zoos located on

4 Chicago Park District property.

5 (f) Beginning July 1, 2007, the Children's Discovery Museum

6 in Normal, Illinois shall receive payments from the General

7 Revenue Fund at the funding level determined by the amounts

8 paid to the Miller Park Zoo in Bloomington, Illinois under this

9 Section in calendar year 2006.

10 (Source: P.A. 95-222, eff. 8-16-07; 96-562, eff. 8-18-09.)".

11 Section 99. Effective date. This Act takes effect upon

12 becoming law.".