Bill Text: IL SB0066 | 2013-2014 | 98th General Assembly | Amended


Bill Title: Amends the Riverboat Gambling Act. Provides that a supplier shall permanently affix its name or a distinctive logo or other mark or design element identifying the manufacturer or supplier (was, its name) to all its equipment, devices, and supplies for gambling operations. Provides an exception for gaming chips without a value impressed, engraved, or imprinted on it. Allows the Board to waive the requirement for any specific product or products if it determines that the requirement is not necessary to protect the integrity of the game. Provides that items purchased from a licensed supplier may continue to be used even though the supplier subsequently changes its name, distinctive logo, or other mark or design element; undergoes a change in ownership; or ceases to be licensed as a supplier for any reason. Effective immediately

Status: (Engrossed) 2013-12-20 - Rule 19(a) / Re-referred to Rules Committee [SB0066 Detail]

Download: Illinois-2013-SB0066-Amended.html

Rep. Robert Rita

Filed: 12/2/2013

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1
AMENDMENT TO SENATE BILL 66
2 AMENDMENT NO. ______. Amend Senate Bill 66, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
5 "Section 5. The Illinois Horse Racing Act of 1975 is
6amended by changing Sections 26, 27, and 28.1 and by adding
7Sections 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
11system of wagering, as defined in Section 3.12 of this Act, on
12horse races conducted by an Illinois organization licensee or
13conducted at a racetrack located in another state or country
14and televised in Illinois in accordance with subsection (g) of
15Section 26 of this Act. Subject to the prior consent of the
16Board, licensees may supplement any pari-mutuel pool in order

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1to guarantee a minimum distribution. Such pari-mutuel method of
2wagering shall not, under any circumstances if conducted under
3the provisions of this Act, be held or construed to be
4unlawful, other statutes of this State to the contrary
5notwithstanding. Subject to rules for advance wagering
6promulgated by the Board, any licensee may accept wagers in
7advance of the day of the race wagered upon occurs.
8 (b) No other method of betting, pool making, wagering or
9gambling shall be used or permitted by the licensee. Each
10licensee may retain, subject to the payment of all applicable
11taxes and purses, an amount not to exceed 17% of all money
12wagered under subsection (a) of this Section, except as may
13otherwise be permitted under this Act.
14 (b-5) An individual may place a wager under the pari-mutuel
15system from any licensed location authorized under this Act
16provided that wager is electronically recorded in the manner
17described in Section 3.12 of this Act. Any wager made
18electronically by an individual while physically on the
19premises of a licensee shall be deemed to have been made at the
20premises of that licensee.
21 (c) Until January 1, 2000, the sum held by any licensee for
22payment of outstanding pari-mutuel tickets, if unclaimed prior
23to December 31 of the next year, shall be retained by the
24licensee for payment of such tickets until that date. Within 10
25days thereafter, the balance of such sum remaining unclaimed,
26less any uncashed supplements contributed by such licensee for

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1the purpose of guaranteeing minimum distributions of any
2pari-mutuel pool, shall be paid to the Illinois Veterans'
3Rehabilitation Fund of the State treasury, except as provided
4in subsection (g) of Section 27 of this Act.
5 (c-5) Beginning January 1, 2000, the sum held by any
6licensee for payment of outstanding pari-mutuel tickets, if
7unclaimed prior to December 31 of the next year, shall be
8retained by the licensee for payment of such tickets until that
9date. Within 10 days thereafter, the balance of such sum
10remaining unclaimed, less any uncashed supplements contributed
11by such licensee for the purpose of guaranteeing minimum
12distributions of any pari-mutuel pool, shall be evenly
13distributed to the purse account of the organization licensee
14and the organization licensee.
15 (d) A pari-mutuel ticket shall be honored until December 31
16of the next calendar year, and the licensee shall pay the same
17and may charge the amount thereof against unpaid money
18similarly accumulated on account of pari-mutuel tickets not
19presented for payment.
20 (e) No licensee shall knowingly permit any minor, other
21than an employee of such licensee or an owner, trainer, jockey,
22driver, or employee thereof, to be admitted during a racing
23program unless accompanied by a parent or guardian, or any
24minor to be a patron of the pari-mutuel system of wagering
25conducted or supervised by it. The admission of any
26unaccompanied minor, other than an employee of the licensee or

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1an owner, trainer, jockey, driver, or employee thereof at a
2race track is a Class C misdemeanor.
3 (f) Notwithstanding the other provisions of this Act, an
4organization licensee may contract with an entity in another
5state or country to permit any legal wagering entity in another
6state or country to accept wagers solely within such other
7state or country on races conducted by the organization
8licensee in this State. Beginning January 1, 2000, these wagers
9shall not be subject to State taxation. Until January 1, 2000,
10when the out-of-State entity conducts a pari-mutuel pool
11separate from the organization licensee, a privilege tax equal
12to 7 1/2% of all monies received by the organization licensee
13from entities in other states or countries pursuant to such
14contracts is imposed on the organization licensee, and such
15privilege tax shall be remitted to the Department of Revenue
16within 48 hours of receipt of the moneys from the simulcast.
17When the out-of-State entity conducts a combined pari-mutuel
18pool with the organization licensee, the tax shall be 10% of
19all monies received by the organization licensee with 25% of
20the receipts from this 10% tax to be distributed to the county
21in which the race was conducted.
22 An organization licensee may permit one or more of its
23races to be utilized for pari-mutuel wagering at one or more
24locations in other states and may transmit audio and visual
25signals of races the organization licensee conducts to one or
26more locations outside the State or country and may also permit

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1pari-mutuel pools in other states or countries to be combined
2with its gross or net wagering pools or with wagering pools
3established by other states.
4 (g) A host track may accept interstate simulcast wagers on
5horse races conducted in other states or countries and shall
6control the number of signals and types of breeds of racing in
7its simulcast program, subject to the disapproval of the Board.
8The Board may prohibit a simulcast program only if it finds
9that the simulcast program is clearly adverse to the integrity
10of racing. The host track simulcast program shall include the
11signal of live racing of all organization licensees. All
12non-host licensees and advance deposit wagering licensees
13shall carry the signal of and accept wagers on live racing of
14all organization licensees. Advance deposit wagering licensees
15shall not be permitted to accept out-of-state wagers on any
16Illinois signal provided pursuant to this Section without the
17approval and consent of the organization licensee providing the
18signal. Non-host licensees may carry the host track simulcast
19program and shall accept wagers on all races included as part
20of the simulcast program upon which wagering is permitted. All
21organization licensees shall provide their live signal to all
22advance deposit wagering licensees for a simulcast commission
23fee not to exceed 6% of the advance deposit wagering licensee's
24Illinois handle on the organization licensee's signal without
25prior approval by the Board. The Board may adopt rules under
26which it may permit simulcast commission fees in excess of 6%.

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1The Board shall adopt rules limiting the interstate commission
2fees charged to an advance deposit wagering licensee. The Board
3shall adopt rules regarding advance deposit wagering on
4interstate simulcast races that shall reflect, among other
5things, the General Assembly's desire to maximize revenues to
6the State, horsemen purses, and organizational licensees.
7However, organization licensees providing live signals
8pursuant to the requirements of this subsection (g) may
9petition the Board to withhold their live signals from an
10advance deposit wagering licensee if the organization licensee
11discovers and the Board finds reputable or credible information
12that the advance deposit wagering licensee is under
13investigation by another state or federal governmental agency,
14the advance deposit wagering licensee's license has been
15suspended in another state, or the advance deposit wagering
16licensee's license is in revocation proceedings in another
17state. The organization licensee's provision of their live
18signal to an advance deposit wagering licensee under this
19subsection (g) pertains to wagers placed from within Illinois.
20Advance deposit wagering licensees may place advance deposit
21wagering terminals at wagering facilities as a convenience to
22customers. The advance deposit wagering licensee shall not
23charge or collect any fee from purses for the placement of the
24advance deposit wagering terminals. The costs and expenses of
25the host track and non-host licensees associated with
26interstate simulcast wagering, other than the interstate

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1commission fee, shall be borne by the host track and all
2non-host licensees incurring these costs. The interstate
3commission fee shall not exceed 5% of Illinois handle on the
4interstate simulcast race or races without prior approval of
5the Board. The Board shall promulgate rules under which it may
6permit interstate commission fees in excess of 5%. The
7interstate commission fee and other fees charged by the sending
8racetrack, including, but not limited to, satellite decoder
9fees, shall be uniformly applied to the host track and all
10non-host licensees.
11 Notwithstanding any other provision of this Act, until
12February 1, 2017 January 31, 2014, an organization licensee,
13with the consent of the horseman association representing the
14largest number of owners, trainers, jockeys, or standardbred
15drivers who race horses at that organization licensee's racing
16meeting, may maintain a system whereby advance deposit wagering
17may take place or an organization licensee, with the consent of
18the horsemen association representing the largest number of
19owners, trainers, jockeys, or standardbred drivers who race
20horses at that organization licensee's racing meeting, may
21contract with another person to carry out a system of advance
22deposit wagering. Such consent may not be unreasonably
23withheld. Only with respect to an appeal to the Board that
24consent for an organization licensee that maintains its own
25advance deposit wagering system is being unreasonably
26withheld, the Board shall issue a final order within 30 days

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1after initiation of the appeal, and the organization licensee's
2advance deposit wagering system may remain operational during
3that 30-day period. The actions of any organization licensee
4who conducts advance deposit wagering or any person who has a
5contract with an organization licensee to conduct advance
6deposit wagering who conducts advance deposit wagering on or
7after January 1, 2013 and prior to the effective date of this
8amendatory Act of the 98th General Assembly taken in reliance
9on the changes made to this subsection (g) by this amendatory
10Act of the 98th General Assembly are hereby validated, provided
11payment of all applicable pari-mutuel taxes are remitted to the
12Board. All advance deposit wagers placed from within Illinois
13must be placed through a Board-approved advance deposit
14wagering licensee; no other entity may accept an advance
15deposit wager from a person within Illinois. All advance
16deposit wagering is subject to any rules adopted by the Board.
17The Board may adopt rules necessary to regulate advance deposit
18wagering through the use of emergency rulemaking in accordance
19with Section 5-45 of the Illinois Administrative Procedure Act.
20The General Assembly finds that the adoption of rules to
21regulate advance deposit wagering is deemed an emergency and
22necessary for the public interest, safety, and welfare. An
23advance deposit wagering licensee may retain all moneys as
24agreed to by contract with an organization licensee. Any moneys
25retained by the organization licensee from advance deposit
26wagering, not including moneys retained by the advance deposit

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1wagering licensee, shall be paid 50% to the organization
2licensee's purse account and 50% to the organization licensee.
3With the exception of any organization licensee that is owned
4by a publicly traded company that is incorporated in a state
5other than Illinois and advance deposit wagering licensees
6under contract with such organization licensees, organization
7licensees that maintain advance deposit wagering systems and
8advance deposit wagering licensees that contract with
9organization licensees shall provide sufficiently detailed
10monthly accountings to the horsemen association representing
11the largest number of owners, trainers, jockeys, or
12standardbred drivers who race horses at that organization
13licensee's racing meeting so that the horsemen association, as
14an interested party, can confirm the accuracy of the amounts
15paid to the purse account at the horsemen association's
16affiliated organization licensee from advance deposit
17wagering. If more than one breed races at the same race track
18facility, then the 50% of the moneys to be paid to an
19organization licensee's purse account shall be allocated among
20all organization licensees' purse accounts operating at that
21race track facility proportionately based on the actual number
22of host days that the Board grants to that breed at that race
23track facility in the current calendar year. To the extent any
24fees from advance deposit wagering conducted in Illinois for
25wagers in Illinois or other states have been placed in escrow
26or otherwise withheld from wagers pending a determination of

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1the legality of advance deposit wagering, no action shall be
2brought to declare such wagers or the disbursement of any fees
3previously 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

09800SB0066ham006- 21 -LRB098 04946 JWD 50210 a
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
13inter-track wagering and simulcast wagering by inter-track
14wagering licensees and inter-track wagering location licensees
15subject 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

09800SB0066ham006- 22 -LRB098 04946 JWD 50210 a
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 locations and 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

09800SB0066ham006- 23 -LRB098 04946 JWD 50210 a
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)

09800SB0066ham006- 24 -LRB098 04946 JWD 50210 a
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

09800SB0066ham006- 25 -LRB098 04946 JWD 50210 a
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 . If the proposed location of

09800SB0066ham006- 26 -LRB098 04946 JWD 50210 a
1 the proposed use is outside the City of Chicago,
2 inter-track wagering or simulcast wagering shall not be
3 conducted by an inter-track wagering location licensee at
4 any location within 500 feet of the residences of more than
5 50 registered voters without receiving written permission
6 from a majority of the registered voters at such
7 residences. Such written permission statements shall be
8 filed with the Board. If the proposed location of the
9 proposed use is within the City of Chicago, inter-track
10 wagering or simulcast wagering shall not be conducted by an
11 inter-track wagering location licensee at any location
12 within 500 feet of the residences of more than 50
13 registered voters if a majority of the registered voters at
14 such residences object in writing to the Board. The
15 applicant for the inter-track wagering location licensee
16 shall provide written notice to all registered voters
17 residing within 500 feet of the proposed location of the
18 proposed use if there are more than 50 registered voters
19 within 500 feet. Such written objection statements shall be
20 filed with the Board within 30 days of the notice being
21 sent by the applicant, and the Board must hold a hearing on
22 the objections. The distance of 500 feet shall be measured
23 to the nearest part of any building used for worship
24 services, education programs, residential purposes, or
25 conducting inter-track wagering by an inter-track wagering
26 location licensee, and not to property boundaries.

09800SB0066ham006- 27 -LRB098 04946 JWD 50210 a
1 However, inter-track wagering or simulcast wagering may be
2 conducted at a site within 500 feet of a church , school or
3 residences of 50 or more registered voters if such church ,
4 school or residences have been erected or established, or
5 such voters have been registered, after the Board issues
6 the original inter-track wagering location license at the
7 site in question. Inter-track wagering location licensees
8 may conduct inter-track wagering and simulcast wagering
9 only in areas that are zoned for commercial or
10 manufacturing purposes or in areas for which a special use
11 has been approved by the local zoning authority. However,
12 no license to conduct inter-track wagering and simulcast
13 wagering shall be granted by the Board with respect to any
14 inter-track wagering location within the jurisdiction of
15 any local zoning authority which has, by ordinance or by
16 resolution, prohibited the establishment of an inter-track
17 wagering location within its jurisdiction. However,
18 inter-track wagering and simulcast wagering may be
19 conducted at a site if such ordinance or resolution is
20 enacted after the Board licenses the original inter-track
21 wagering location licensee for the site in question.
22 If the proposed location of the proposed inter-track
23 wagering location licensee is within the City of Chicago,
24 all municipal ordinances must be complied with as they
25 exist on the effective date of this amendatory Act of the
26 98th General Assembly. This subsection is a limitation of

09800SB0066ham006- 28 -LRB098 04946 JWD 50210 a
1 home rule powers and functions under subsection (g) of
2 Section 6 of Article VII of the Illinois Constitution.
3 (9) (Blank).
4 (10) An inter-track wagering licensee or an
5 inter-track wagering location licensee may retain, subject
6 to the payment of the privilege taxes and the purses, an
7 amount not to exceed 17% of all money wagered. Each program
8 of racing conducted by each inter-track wagering licensee
9 or inter-track wagering location licensee shall be
10 considered a separate racing day for the purpose of
11 determining the daily handle and computing the privilege
12 tax or pari-mutuel tax on such daily handle as provided in
13 Section 27.
14 (10.1) Except as provided in subsection (g) of Section
15 27 of this Act, inter-track wagering location licensees
16 shall pay 1% of the pari-mutuel handle at each location to
17 the municipality in which such location is situated and 1%
18 of the pari-mutuel handle at each location to the county in
19 which such location is situated. In the event that an
20 inter-track wagering location licensee is situated in an
21 unincorporated area of a county, such licensee shall pay 2%
22 of the pari-mutuel handle from such location to such
23 county.
24 (10.2) Notwithstanding any other provision of this
25 Act, with respect to intertrack wagering at a race track
26 located in a county that has a population of more than

09800SB0066ham006- 29 -LRB098 04946 JWD 50210 a
1 230,000 and that is bounded by the Mississippi River ("the
2 first race track"), or at a facility operated by an
3 inter-track wagering licensee or inter-track wagering
4 location licensee that derives its license from the
5 organization licensee that operates the first race track,
6 on races conducted at the first race track or on races
7 conducted at another Illinois race track and
8 simultaneously televised to the first race track or to a
9 facility operated by an inter-track wagering licensee or
10 inter-track wagering location licensee that derives its
11 license from the organization licensee that operates the
12 first race track, those moneys shall be allocated as
13 follows:
14 (A) That portion of all moneys wagered on
15 standardbred racing that is required under this Act to
16 be paid to purses shall be paid to purses for
17 standardbred races.
18 (B) That portion of all moneys wagered on
19 thoroughbred racing that is required under this Act to
20 be paid to purses shall be paid to purses for
21 thoroughbred races.
22 (11) (A) After payment of the privilege or pari-mutuel
23 tax, any other applicable taxes, and the costs and expenses
24 in connection with the gathering, transmission, and
25 dissemination of all data necessary to the conduct of
26 inter-track wagering, the remainder of the monies retained

09800SB0066ham006- 30 -LRB098 04946 JWD 50210 a
1 under either Section 26 or Section 26.2 of this Act by the
2 inter-track wagering licensee on inter-track wagering
3 shall be allocated with 50% to be split between the 2
4 participating licensees and 50% to purses, except that an
5 intertrack wagering licensee that derives its license from
6 a track located in a county with a population in excess of
7 230,000 and that borders the Mississippi River shall not
8 divide any remaining retention with the Illinois
9 organization licensee that provides the race or races, and
10 an intertrack wagering licensee that accepts wagers on
11 races conducted by an organization licensee that conducts a
12 race meet in a county with a population in excess of
13 230,000 and that borders the Mississippi River shall not
14 divide any remaining retention with that organization
15 licensee.
16 (B) From the sums permitted to be retained pursuant to
17 this Act each inter-track wagering location licensee shall
18 pay (i) the privilege or pari-mutuel tax to the State; (ii)
19 4.75% of the pari-mutuel handle on intertrack wagering at
20 such location on races as purses, except that an intertrack
21 wagering location licensee that derives its license from a
22 track located in a county with a population in excess of
23 230,000 and that borders the Mississippi River shall retain
24 all purse moneys for its own purse account consistent with
25 distribution set forth in this subsection (h), and
26 intertrack wagering location licensees that accept wagers

09800SB0066ham006- 31 -LRB098 04946 JWD 50210 a
1 on races conducted by an organization licensee located in a
2 county with a population in excess of 230,000 and that
3 borders the Mississippi River shall distribute all purse
4 moneys to purses at the operating host track; (iii) until
5 January 1, 2000, except as provided in subsection (g) of
6 Section 27 of this Act, 1% of the pari-mutuel handle
7 wagered on inter-track wagering and simulcast wagering at
8 each inter-track wagering location licensee facility to
9 the Horse Racing Tax Allocation Fund, provided that, to the
10 extent the total amount collected and distributed to the
11 Horse Racing Tax Allocation Fund under this subsection (h)
12 during any calendar year exceeds the amount collected and
13 distributed to the Horse Racing Tax Allocation Fund during
14 calendar year 1994, that excess amount shall be
15 redistributed (I) to all inter-track wagering location
16 licensees, based on each licensee's pro-rata share of the
17 total handle from inter-track wagering and simulcast
18 wagering for all inter-track wagering location licensees
19 during the calendar year in which this provision is
20 applicable; then (II) the amounts redistributed to each
21 inter-track wagering location licensee as described in
22 subpart (I) shall be further redistributed as provided in
23 subparagraph (B) of paragraph (5) of subsection (g) of this
24 Section 26 provided first, that the shares of those
25 amounts, which are to be redistributed to the host track or
26 to purses at the host track under subparagraph (B) of

09800SB0066ham006- 32 -LRB098 04946 JWD 50210 a
1 paragraph (5) of subsection (g) of this Section 26 shall be
2 redistributed based on each host track's pro rata share of
3 the total inter-track wagering and simulcast wagering
4 handle at all host tracks during the calendar year in
5 question, and second, that any amounts redistributed as
6 described in part (I) to an inter-track wagering location
7 licensee that accepts wagers on races conducted by an
8 organization licensee that conducts a race meet in a county
9 with a population in excess of 230,000 and that borders the
10 Mississippi River shall be further redistributed as
11 provided in subparagraphs (D) and (E) of paragraph (7) of
12 subsection (g) of this Section 26, with the portion of that
13 further redistribution allocated to purses at that
14 organization licensee to be divided between standardbred
15 purses and thoroughbred purses based on the amounts
16 otherwise allocated to purses at that organization
17 licensee during the calendar year in question; and (iv) 8%
18 of the pari-mutuel handle on inter-track wagering wagered
19 at such location to satisfy all costs and expenses of
20 conducting its wagering. The remainder of the monies
21 retained by the inter-track wagering location licensee
22 shall be allocated 40% to the location licensee and 60% to
23 the organization licensee which provides the Illinois
24 races to the location, except that an intertrack wagering
25 location licensee that derives its license from a track
26 located in a county with a population in excess of 230,000

09800SB0066ham006- 33 -LRB098 04946 JWD 50210 a
1 and that borders the Mississippi River shall not divide any
2 remaining retention with the organization licensee that
3 provides the race or races and an intertrack wagering
4 location licensee that accepts wagers on races conducted by
5 an organization licensee that conducts a race meet in a
6 county with a population in excess of 230,000 and that
7 borders the Mississippi River shall not divide any
8 remaining retention with the organization licensee.
9 Notwithstanding the provisions of clauses (ii) and (iv) of
10 this paragraph, in the case of the additional inter-track
11 wagering location licenses authorized under paragraph (1)
12 of this subsection (h) by this amendatory Act of 1991,
13 those licensees shall pay the following amounts as purses:
14 during the first 12 months the licensee is in operation,
15 5.25% of the pari-mutuel handle wagered at the location on
16 races; during the second 12 months, 5.25%; during the third
17 12 months, 5.75%; during the fourth 12 months, 6.25%; and
18 during the fifth 12 months and thereafter, 6.75%. The
19 following amounts shall be retained by the licensee to
20 satisfy all costs and expenses of conducting its wagering:
21 during the first 12 months the licensee is in operation,
22 8.25% of the pari-mutuel handle wagered at the location;
23 during the second 12 months, 8.25%; during the third 12
24 months, 7.75%; during the fourth 12 months, 7.25%; and
25 during the fifth 12 months and thereafter, 6.75%. For
26 additional intertrack wagering location licensees

09800SB0066ham006- 34 -LRB098 04946 JWD 50210 a
1 authorized under this amendatory Act of 1995, purses for
2 the first 12 months the licensee is in operation shall be
3 5.75% of the pari-mutuel wagered at the location, purses
4 for the second 12 months the licensee is in operation shall
5 be 6.25%, and purses thereafter shall be 6.75%. For
6 additional intertrack location licensees authorized under
7 this amendatory Act of 1995, the licensee shall be allowed
8 to retain to satisfy all costs and expenses: 7.75% of the
9 pari-mutuel handle wagered at the location during its first
10 12 months of operation, 7.25% during its second 12 months
11 of operation, and 6.75% thereafter.
12 (C) There is hereby created the Horse Racing Tax
13 Allocation Fund which shall remain in existence until
14 December 31, 1999. Moneys remaining in the Fund after
15 December 31, 1999 shall be paid into the General Revenue
16 Fund. Until January 1, 2000, all monies paid into the Horse
17 Racing Tax Allocation Fund pursuant to this paragraph (11)
18 by inter-track wagering location licensees located in park
19 districts of 500,000 population or less, or in a
20 municipality that is not included within any park district
21 but is included within a conservation district and is the
22 county seat of a county that (i) is contiguous to the state
23 of Indiana and (ii) has a 1990 population of 88,257
24 according to the United States Bureau of the Census, and
25 operating on May 1, 1994 shall be allocated by
26 appropriation as follows:

09800SB0066ham006- 35 -LRB098 04946 JWD 50210 a
1 Two-sevenths to the Department of Agriculture.
2 Fifty percent of this two-sevenths shall be used to
3 promote the Illinois horse racing and breeding
4 industry, and shall be distributed by the Department of
5 Agriculture upon the advice of a 9-member committee
6 appointed by the Governor consisting of the following
7 members: the Director of Agriculture, who shall serve
8 as chairman; 2 representatives of organization
9 licensees conducting thoroughbred race meetings in
10 this State, recommended by those licensees; 2
11 representatives of organization licensees conducting
12 standardbred race meetings in this State, recommended
13 by those licensees; a representative of the Illinois
14 Thoroughbred Breeders and Owners Foundation,
15 recommended by that Foundation; a representative of
16 the Illinois Standardbred Owners and Breeders
17 Association, recommended by that Association; a
18 representative of the Horsemen's Benevolent and
19 Protective Association or any successor organization
20 thereto established in Illinois comprised of the
21 largest number of owners and trainers, recommended by
22 that Association or that successor organization; and a
23 representative of the Illinois Harness Horsemen's
24 Association, recommended by that Association.
25 Committee members shall serve for terms of 2 years,
26 commencing January 1 of each even-numbered year. If a

09800SB0066ham006- 36 -LRB098 04946 JWD 50210 a
1 representative of any of the above-named entities has
2 not been recommended by January 1 of any even-numbered
3 year, the Governor shall appoint a committee member to
4 fill that position. Committee members shall receive no
5 compensation for their services as members but shall be
6 reimbursed for all actual and necessary expenses and
7 disbursements incurred in the performance of their
8 official duties. The remaining 50% of this
9 two-sevenths shall be distributed to county fairs for
10 premiums and rehabilitation as set forth in the
11 Agricultural Fair Act;
12 Four-sevenths to park districts or municipalities
13 that do not have a park district of 500,000 population
14 or less for museum purposes (if an inter-track wagering
15 location licensee is located in such a park district)
16 or to conservation districts for museum purposes (if an
17 inter-track wagering location licensee is located in a
18 municipality that is not included within any park
19 district but is included within a conservation
20 district and is the county seat of a county that (i) is
21 contiguous to the state of Indiana and (ii) has a 1990
22 population of 88,257 according to the United States
23 Bureau of the Census, except that if the conservation
24 district does not maintain a museum, the monies shall
25 be allocated equally between the county and the
26 municipality in which the inter-track wagering

09800SB0066ham006- 37 -LRB098 04946 JWD 50210 a
1 location licensee is located for general purposes) or
2 to a municipal recreation board for park purposes (if
3 an inter-track wagering location licensee is located
4 in a municipality that is not included within any park
5 district and park maintenance is the function of the
6 municipal recreation board and the municipality has a
7 1990 population of 9,302 according to the United States
8 Bureau of the Census); provided that the monies are
9 distributed to each park district or conservation
10 district or municipality that does not have a park
11 district in an amount equal to four-sevenths of the
12 amount collected by each inter-track wagering location
13 licensee within the park district or conservation
14 district or municipality for the Fund. Monies that were
15 paid into the Horse Racing Tax Allocation Fund before
16 the effective date of this amendatory Act of 1991 by an
17 inter-track wagering location licensee located in a
18 municipality that is not included within any park
19 district but is included within a conservation
20 district as provided in this paragraph shall, as soon
21 as practicable after the effective date of this
22 amendatory Act of 1991, be allocated and paid to that
23 conservation district as provided in this paragraph.
24 Any park district or municipality not maintaining a
25 museum may deposit the monies in the corporate fund of
26 the park district or municipality where the

09800SB0066ham006- 38 -LRB098 04946 JWD 50210 a
1 inter-track wagering location is located, to be used
2 for general purposes; and
3 One-seventh to the Agricultural Premium Fund to be
4 used for distribution to agricultural home economics
5 extension councils in accordance with "An Act in
6 relation to additional support and finances for the
7 Agricultural and Home Economic Extension Councils in
8 the several counties of this State and making an
9 appropriation therefor", approved July 24, 1967.
10 Until January 1, 2000, all other monies paid into the
11 Horse Racing Tax Allocation Fund pursuant to this paragraph
12 (11) shall be allocated by appropriation as follows:
13 Two-sevenths to the Department of Agriculture.
14 Fifty percent of this two-sevenths shall be used to
15 promote the Illinois horse racing and breeding
16 industry, and shall be distributed by the Department of
17 Agriculture upon the advice of a 9-member committee
18 appointed by the Governor consisting of the following
19 members: the Director of Agriculture, who shall serve
20 as chairman; 2 representatives of organization
21 licensees conducting thoroughbred race meetings in
22 this State, recommended by those licensees; 2
23 representatives of organization licensees conducting
24 standardbred race meetings in this State, recommended
25 by those licensees; a representative of the Illinois
26 Thoroughbred Breeders and Owners Foundation,

09800SB0066ham006- 39 -LRB098 04946 JWD 50210 a
1 recommended by that Foundation; a representative of
2 the Illinois Standardbred Owners and Breeders
3 Association, recommended by that Association; a
4 representative of the Horsemen's Benevolent and
5 Protective Association or any successor organization
6 thereto established in Illinois comprised of the
7 largest number of owners and trainers, recommended by
8 that Association or that successor organization; and a
9 representative of the Illinois Harness Horsemen's
10 Association, recommended by that Association.
11 Committee members shall serve for terms of 2 years,
12 commencing January 1 of each even-numbered year. If a
13 representative of any of the above-named entities has
14 not been recommended by January 1 of any even-numbered
15 year, the Governor shall appoint a committee member to
16 fill that position. Committee members shall receive no
17 compensation for their services as members but shall be
18 reimbursed for all actual and necessary expenses and
19 disbursements incurred in the performance of their
20 official duties. The remaining 50% of this
21 two-sevenths shall be distributed to county fairs for
22 premiums and rehabilitation as set forth in the
23 Agricultural Fair Act;
24 Four-sevenths to museums and aquariums located in
25 park districts of over 500,000 population; provided
26 that the monies are distributed in accordance with the

09800SB0066ham006- 40 -LRB098 04946 JWD 50210 a
1 previous year's distribution of the maintenance tax
2 for such museums and aquariums as provided in Section 2
3 of the Park District Aquarium and Museum Act; and
4 One-seventh to the Agricultural Premium Fund to be
5 used for distribution to agricultural home economics
6 extension councils in accordance with "An Act in
7 relation to additional support and finances for the
8 Agricultural and Home Economic Extension Councils in
9 the several counties of this State and making an
10 appropriation therefor", approved July 24, 1967. This
11 subparagraph (C) shall be inoperative and of no force
12 and effect on and after January 1, 2000.
13 (D) Except as provided in paragraph (11) of this
14 subsection (h), with respect to purse allocation from
15 intertrack wagering, the monies so retained shall be
16 divided as follows:
17 (i) If the inter-track wagering licensee,
18 except an intertrack wagering licensee that
19 derives its license from an organization licensee
20 located in a county with a population in excess of
21 230,000 and bounded by the Mississippi River, is
22 not conducting its own race meeting during the same
23 dates, then the entire purse allocation shall be to
24 purses at the track where the races wagered on are
25 being conducted.
26 (ii) If the inter-track wagering licensee,

09800SB0066ham006- 41 -LRB098 04946 JWD 50210 a
1 except an intertrack wagering licensee that
2 derives its license from an organization licensee
3 located in a county with a population in excess of
4 230,000 and bounded by the Mississippi River, is
5 also conducting its own race meeting during the
6 same dates, then the purse allocation shall be as
7 follows: 50% to purses at the track where the races
8 wagered on are being conducted; 50% to purses at
9 the track where the inter-track wagering licensee
10 is accepting such wagers.
11 (iii) If the inter-track wagering is being
12 conducted by an inter-track wagering location
13 licensee, except an intertrack wagering location
14 licensee that derives its license from an
15 organization licensee located in a county with a
16 population in excess of 230,000 and bounded by the
17 Mississippi River, the entire purse allocation for
18 Illinois races shall be to purses at the track
19 where the race meeting being wagered on is being
20 held.
21 (12) The Board shall have all powers necessary and
22 proper to fully supervise and control the conduct of
23 inter-track wagering and simulcast wagering by inter-track
24 wagering licensees and inter-track wagering location
25 licensees, including, but not limited to the following:
26 (A) The Board is vested with power to promulgate

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1 reasonable rules and regulations for the purpose of
2 administering the conduct of this wagering and to
3 prescribe reasonable rules, regulations and conditions
4 under which such wagering shall be held and conducted.
5 Such rules and regulations are to provide for the
6 prevention of practices detrimental to the public
7 interest and for the best interests of said wagering
8 and to impose penalties for violations thereof.
9 (B) The Board, and any person or persons to whom it
10 delegates this power, is vested with the power to enter
11 the facilities of any licensee to determine whether
12 there has been compliance with the provisions of this
13 Act and the rules and regulations relating to the
14 conduct of such wagering.
15 (C) The Board, and any person or persons to whom it
16 delegates this power, may eject or exclude from any
17 licensee's facilities, any person whose conduct or
18 reputation is such that his presence on such premises
19 may, in the opinion of the Board, call into the
20 question the honesty and integrity of, or interfere
21 with the orderly conduct of such wagering; provided,
22 however, that no person shall be excluded or ejected
23 from such premises solely on the grounds of race,
24 color, creed, national origin, ancestry, or sex.
25 (D) (Blank).
26 (E) The Board is vested with the power to appoint

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1 delegates to execute any of the powers granted to it
2 under this Section for the purpose of administering
3 this wagering and any rules and regulations
4 promulgated in accordance with this Act.
5 (F) The Board shall name and appoint a State
6 director of this wagering who shall be a representative
7 of the Board and whose duty it shall be to supervise
8 the conduct of inter-track wagering as may be provided
9 for by the rules and regulations of the Board; such
10 rules and regulation shall specify the method of
11 appointment and the Director's powers, authority and
12 duties.
13 (G) The Board is vested with the power to impose
14 civil penalties of up to $5,000 against individuals and
15 up to $10,000 against licensees for each violation of
16 any provision of this Act relating to the conduct of
17 this wagering, any rules adopted by the Board, any
18 order of the Board or any other action which in the
19 Board's discretion, is a detriment or impediment to
20 such wagering.
21 (13) The Department of Agriculture may enter into
22 agreements with licensees authorizing such licensees to
23 conduct inter-track wagering on races to be held at the
24 licensed race meetings conducted by the Department of
25 Agriculture. Such agreement shall specify the races of the
26 Department of Agriculture's licensed race meeting upon

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1 which the licensees will conduct wagering. In the event
2 that a licensee conducts inter-track pari-mutuel wagering
3 on races from the Illinois State Fair or DuQuoin State Fair
4 which are in addition to the licensee's previously approved
5 racing program, those races shall be considered a separate
6 racing day for the purpose of determining the daily handle
7 and computing the privilege or pari-mutuel tax on that
8 daily handle as provided in Sections 27 and 27.1. Such
9 agreements shall be approved by the Board before such
10 wagering may be conducted. In determining whether to grant
11 approval, the Board shall give due consideration to the
12 best interests of the public and of horse racing. The
13 provisions of paragraphs (1), (8), (8.1), and (8.2) of
14 subsection (h) of this Section which are not specified in
15 this paragraph (13) shall not apply to licensed race
16 meetings conducted by the Department of Agriculture at the
17 Illinois State Fair in Sangamon County or the DuQuoin State
18 Fair in Perry County, or to any wagering conducted on those
19 race meetings.
20 (i) Notwithstanding the other provisions of this Act, the
21conduct of wagering at wagering facilities is authorized on all
22days, except as limited by subsection (b) of Section 19 of this
23Act.
24(Source: P.A. 97-1060, eff. 8-24-12; 98-18, eff. 6-7-13.)
25 (230 ILCS 5/26.8 new)

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1 Sec. 26.8. Beginning on February 1, 2014 and until January
231, 2017, each wagering licensee may impose a surcharge of up
3to 0.5% on winning wagers and winnings from wagers. The
4surcharge shall be deducted from winnings prior to payout. All
5amounts collected from the imposition of this surcharge shall
6be evenly distributed to the organization licensee and the
7purse account of the organization licensee with which the
8licensee is affiliated. The amounts distributed under this
9Section shall be in addition to the amounts paid pursuant to
10paragraph (10) of subsection (h) of Section 26, Section 26.3,
11Section 26.4, Section 26.5, and Section 26.7.
12 (230 ILCS 5/26.9 new)
13 Sec. 26.9. Beginning on February 1, 2014 until January 31,
142017, in addition to the surcharge imposed in Sections 26.3,
1526.4, 26.5, 26.7, and 26.8 of this Act, each licensee shall
16impose a surcharge of 0.2% on winning wagers and winnings from
17wagers. The surcharge shall be deducted from winnings prior to
18payout. All amounts collected from the surcharges imposed under
19this Section shall be remitted to the Board. From amounts
20collected under this Section, the Board shall deposit an amount
21not to exceed $100,000 annually into the Quarter Horse Purse
22Fund and all remaining amounts into the Horse Racing Fund.
23 (230 ILCS 5/27) (from Ch. 8, par. 37-27)
24 Sec. 27. (a) In addition to the organization license fee

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1provided by this Act, until January 1, 2000, a graduated
2privilege tax is hereby imposed for conducting the pari-mutuel
3system of wagering permitted under this Act. Until January 1,
42000, except as provided in subsection (g) of Section 27 of
5this Act, all of the breakage of each racing day held by any
6licensee in the State shall be paid to the State. Until January
71, 2000, such daily graduated privilege tax shall be paid by
8the licensee from the amount permitted to be retained under
9this Act. Until January 1, 2000, each day's graduated privilege
10tax, breakage, and Horse Racing Tax Allocation funds shall be
11remitted to the Department of Revenue within 48 hours after the
12close of the racing day upon which it is assessed or within
13such other time as the Board prescribes. The privilege tax
14hereby imposed, until January 1, 2000, shall be a flat tax at
15the rate of 2% of the daily pari-mutuel handle except as
16provided in Section 27.1.
17 In addition, every organization licensee, except as
18provided in Section 27.1 of this Act, which conducts multiple
19wagering shall pay, until January 1, 2000, as a privilege tax
20on multiple wagers an amount equal to 1.25% of all moneys
21wagered each day on such multiple wagers, plus an additional
22amount equal to 3.5% of the amount wagered each day on any
23other multiple wager which involves a single betting interest
24on 3 or more horses. The licensee shall remit the amount of
25such taxes to the Department of Revenue within 48 hours after
26the close of the racing day on which it is assessed or within

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1such other time as the Board prescribes.
2 This subsection (a) shall be inoperative and of no force
3and effect on and after January 1, 2000.
4 (a-5) Beginning on January 1, 2000, a flat pari-mutuel tax
5at the rate of 1.5% of the daily pari-mutuel handle is imposed
6at all pari-mutuel wagering facilities and on advance deposit
7wagering from a location other than a wagering facility, except
8as otherwise provided for in this subsection (a-5). In addition
9to the pari-mutuel tax imposed on advance deposit wagering
10pursuant to this subsection (a-5), beginning on August 24, 2012
11(the effective date of Public Act 97-1060) this amendatory Act
12of the 97th General Assembly until February 1, 2017 January 31,
132014, an additional pari-mutuel tax at the rate of 0.25% shall
14be imposed on advance deposit wagering. Until August 25, 2012,
15the additional 0.25% pari-mutuel tax imposed on advance deposit
16wagering by Public Act 96-972 shall be deposited into the
17Quarter Horse Purse Fund, which shall be created as a
18non-appropriated trust fund administered by the Board for
19grants to thoroughbred organization licensees for payment of
20purses for quarter horse races conducted by the organization
21licensee. Beginning on August 26, 2012, the additional 0.25%
22pari-mutuel tax imposed on advance deposit wagering shall be
23deposited into the Standardbred Purse Fund, which shall be
24created as a non-appropriated trust fund administered by the
25Board, for grants to the standardbred organization licensees
26for payment of purses for standardbred horse races conducted by

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1the organization licensee. Thoroughbred organization licensees
2may petition the Board to conduct quarter horse racing and
3receive purse grants from the Quarter Horse Purse Fund. The
4Board shall have complete discretion in distributing the
5Quarter Horse Purse Fund to the petitioning organization
6licensees. Beginning on July 26, 2010 (the effective date of
7Public Act 96-1287), a pari-mutuel tax at the rate of 0.75% of
8the daily pari-mutuel handle is imposed at a pari-mutuel
9facility whose license is derived from a track located in a
10county that borders the Mississippi River and conducted live
11racing in the previous year. The pari-mutuel tax imposed by
12this subsection (a-5) shall be remitted to the Department of
13Revenue within 48 hours after the close of the racing day upon
14which it is assessed or within such other time as the Board
15prescribes.
16 (b) On or before December 31, 1999, in the event that any
17organization licensee conducts 2 separate programs of races on
18any day, each such program shall be considered a separate
19racing day for purposes of determining the daily handle and
20computing the privilege tax on such daily handle as provided in
21subsection (a) of this Section.
22 (c) Licensees shall at all times keep accurate books and
23records of all monies wagered on each day of a race meeting and
24of the taxes paid to the Department of Revenue under the
25provisions of this Section. The Board or its duly authorized
26representative or representatives shall at all reasonable

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1times have access to such records for the purpose of examining
2and checking the same and ascertaining whether the proper
3amount of taxes is being paid as provided. The Board shall
4require verified reports and a statement of the total of all
5monies wagered daily at each wagering facility upon which the
6taxes are assessed and may prescribe forms upon which such
7reports and statement shall be made.
8 (d) Any licensee failing or refusing to pay the amount of
9any tax due under this Section shall be guilty of a business
10offense and upon conviction shall be fined not more than $5,000
11in addition to the amount found due as tax under this Section.
12Each day's violation shall constitute a separate offense. All
13fines paid into Court by a licensee hereunder shall be
14transmitted and paid over by the Clerk of the Court to the
15Board.
16 (e) No other license fee, privilege tax, excise tax, or
17racing fee, except as provided in this Act, shall be assessed
18or collected from any such licensee by the State.
19 (f) No other license fee, privilege tax, excise tax or
20racing fee shall be assessed or collected from any such
21licensee by units of local government except as provided in
22paragraph 10.1 of subsection (h) and subsection (f) of Section
2326 of this Act. However, any municipality that has a Board
24licensed horse race meeting at a race track wholly within its
25corporate boundaries or a township that has a Board licensed
26horse race meeting at a race track wholly within the

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1unincorporated area of the township may charge a local
2amusement tax not to exceed 10 per admission to such horse
3race meeting by the enactment of an ordinance. However, any
4municipality or county that has a Board licensed inter-track
5wagering location facility wholly within its corporate
6boundaries may each impose an admission fee not to exceed $1.00
7per admission to such inter-track wagering location facility,
8so that a total of not more than $2.00 per admission may be
9imposed. Except as provided in subparagraph (g) of Section 27
10of this Act, the inter-track wagering location licensee shall
11collect any and all such fees and within 48 hours remit the
12fees to the Board, which shall, pursuant to rule, cause the
13fees to be distributed to the county or municipality.
14 (g) Notwithstanding any provision in this Act to the
15contrary, if in any calendar year the total taxes and fees
16required to be collected from licensees and distributed under
17this Act to all State and local governmental authorities
18exceeds the amount of such taxes and fees distributed to each
19State and local governmental authority to which each State and
20local governmental authority was entitled under this Act for
21calendar year 1994, then the first $11 million of that excess
22amount shall be allocated at the earliest possible date for
23distribution as purse money for the succeeding calendar year.
24Upon reaching the 1994 level, and until the excess amount of
25taxes and fees exceeds $11 million, the Board shall direct all
26licensees to cease paying the subject taxes and fees and the

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1Board shall direct all licensees to allocate any such excess
2amount for purses as follows:
3 (i) the excess amount shall be initially divided
4 between thoroughbred and standardbred purses based on the
5 thoroughbred's and standardbred's respective percentages
6 of total Illinois live wagering in calendar year 1994;
7 (ii) each thoroughbred and standardbred organization
8 licensee issued an organization licensee in that
9 succeeding allocation year shall be allocated an amount
10 equal to the product of its percentage of total Illinois
11 live thoroughbred or standardbred wagering in calendar
12 year 1994 (the total to be determined based on the sum of
13 1994 on-track wagering for all organization licensees
14 issued organization licenses in both the allocation year
15 and the preceding year) multiplied by the total amount
16 allocated for standardbred or thoroughbred purses,
17 provided that the first $1,500,000 of the amount allocated
18 to standardbred purses under item (i) shall be allocated to
19 the Department of Agriculture to be expended with the
20 assistance and advice of the Illinois Standardbred
21 Breeders Funds Advisory Board for the purposes listed in
22 subsection (g) of Section 31 of this Act, before the amount
23 allocated to standardbred purses under item (i) is
24 allocated to standardbred organization licensees in the
25 succeeding allocation year.
26 To the extent the excess amount of taxes and fees to be

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1collected and distributed to State and local governmental
2authorities exceeds $11 million, that excess amount shall be
3collected and distributed to State and local authorities as
4provided for under this Act.
5(Source: P.A. 97-1060, eff. 8-24-12; 98-18, eff. 6-7-13.)
6 (230 ILCS 5/28.1)
7 Sec. 28.1. Payments.
8 (a) Beginning on January 1, 2000, moneys collected by the
9Department of Revenue and the Racing Board pursuant to Section
1026 or Section 27 of this Act shall be deposited into the Horse
11Racing Fund, which is hereby created as a special fund in the
12State Treasury.
13 (b) Appropriations, as approved by the General Assembly,
14may be made from the Horse Racing Fund to the Board to pay the
15salaries of the Board members, secretary, stewards, directors
16of mutuels, veterinarians, representatives, accountants,
17clerks, stenographers, inspectors and other employees of the
18Board, and all expenses of the Board incident to the
19administration of this Act, including, but not limited to, all
20expenses and salaries incident to the taking of saliva and
21urine samples in accordance with the rules and regulations of
22the Board.
23 (c) (Blank) Beginning on January 1, 2000, the Board shall
24transfer the remainder of the funds generated pursuant to
25Sections 26 and 27 from the Horse Racing Fund into the General

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1Revenue Fund.
2 (d) Beginning January 1, 2000, payments to all programs in
3existence on the effective date of this amendatory Act of 1999
4that are identified in Sections 26(c), 26(f), 26(h)(11)(C), and
528, subsections (a), (b), (c), (d), (e), (f), (g), and (h) of
6Section 30, and subsections (a), (b), (c), (d), (e), (f), (g),
7and (h) of Section 31 shall be made from the General Revenue
8Fund at the funding levels determined by amounts paid under
9this Act in calendar year 1998. Beginning on the effective date
10of this amendatory Act of the 93rd General Assembly, payments
11to the Peoria Park District shall be made from the General
12Revenue Fund at the funding level determined by amounts paid to
13that park district for museum purposes under this Act in
14calendar year 1994.
15 If an inter-track wagering location licensee's facility
16changes its location, then the payments associated with that
17facility under this subsection (d) for museum purposes shall be
18paid to the park district in the area where the facility
19relocates, and the payments shall be used for museum purposes.
20If the facility does not relocate to a park district, then the
21payments shall be paid to the taxing district that is
22responsible for park or museum expenditures.
23 (e) Beginning July 1, 2006, the payment authorized under
24subsection (d) to museums and aquariums located in park
25districts of over 500,000 population shall be paid to museums,
26aquariums, and zoos in amounts determined by Museums in the

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1Park, an association of museums, aquariums, and zoos located on
2Chicago Park District property.
3 (f) Beginning July 1, 2007, the Children's Discovery Museum
4in Normal, Illinois shall receive payments from the General
5Revenue Fund at the funding level determined by the amounts
6paid to the Miller Park Zoo in Bloomington, Illinois under this
7Section in calendar year 2006.
8(Source: P.A. 95-222, eff. 8-16-07; 96-562, eff. 8-18-09.)".
9 Section 99. Effective date. This Act takes effect upon
10becoming law.".
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