Bill Amendment: IL HB2663 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: GAMING-TECH

Status: 2016-04-28 - House Committee Amendment No. 1 Rule 19(a) / Re-referred to Rules Committee [HB2663 Detail]

Download: Illinois-2015-HB2663-House_Amendment_001.html

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Rep. Thaddeus Jones

Filed: 10/23/2015

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AMENDMENT TO HOUSE BILL 2663
AMENDMENT NO. ______. Amend House Bill 2663 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Horse Racing Act of 1975 is
amended by changing Sections 3.080, 19, 20, 26, and 26.4 as
follows:
(230 ILCS 5/3.080)
Sec. 3.080. Simulcast program. Until January 1, 2016 or the
effective date of this amendatory Act of the 99th General
Assembly, whichever is later, "simulcast "Simulcast program"
means the program of simultaneously televised horse races,
including (i) the signal of any out-of-state horse race
selected by the host track subject to the disapproval of the
Board; , (ii) the signals of live racing of all organization
licensees, which must be included by the host track; and (iii)
the signal of live racing at the DuQuoin and Springfield State

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fairs, if mandated by the Board.
On and after January 1, 2016 or the effective date of this
amendatory Act of the 99th General Assembly, whichever is
later, "simulcast program" means the program of simultaneously
televised horse races, including (i) the signals of live racing
of all organization licensees and (ii) the signal of live
racing at the DuQuoin and Springfield State fairs, if mandated
by the Board.
(Source: P.A. 89-16, eff. 5-30-95.)
(230 ILCS 5/19) (from Ch. 8, par. 37-19)
Sec. 19. (a) No organization license may be granted to
conduct a horse race meeting:
(1) except as provided in subsection (c) of Section 21
of this Act, until January 1, 2016 or the effective date of
this amendatory Act of the 99th General Assembly, whichever
is later, to any person at any place within 35 miles of any
other place licensed by the Board to hold a race meeting on
the same date during the same hours; , the mileage
measurement used in this subsection (a) shall be certified
to the Board by the Bureau of Systems and Services in the
Illinois Department of Transportation as the most commonly
used public way of vehicular travel;
(2) to any person in default in the payment of any
obligation or debt due the State under this Act, provided
no applicant shall be deemed in default in the payment of

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any obligation or debt due to the State under this Act as
long as there is pending a hearing of any kind relevant to
such matter;
(3) to any person who has been convicted of the
violation of any law of the United States or any State law
which provided as all or part of its penalty imprisonment
in any penal institution; to any person against whom there
is pending a Federal or State criminal charge; to any
person who is or has been connected with or engaged in the
operation of any illegal business; to any person who does
not enjoy a general reputation in his community of being an
honest, upright, law-abiding person; provided that none of
the matters set forth in this subparagraph (3) shall make
any person ineligible to be granted an organization license
if the Board determines, based on circumstances of any such
case, that the granting of a license would not be
detrimental to the interests of horse racing and of the
public;
(4) to any person who does not at the time of
application for the organization license own or have a
contract or lease for the possession of a finished race
track suitable for the type of racing intended to be held
by the applicant and for the accommodation of the public.
(b) Horse racing on Sunday shall be prohibited unless
authorized by ordinance or referendum of the municipality in
which a race track or any of its appurtenances or facilities

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are located, or utilized.
(c) If any person is ineligible to receive an organization
license because of any of the matters set forth in subsection
(a) (2) or subsection (a) (3) of this Section, any other or
separate person that either (i) controls, directly or
indirectly, such ineligible person or (ii) is controlled,
directly or indirectly, by such ineligible person or by a
person which controls, directly or indirectly, such ineligible
person shall also be ineligible.
(Source: P.A. 88-495; 89-16, eff. 5-30-95.)
(230 ILCS 5/20) (from Ch. 8, par. 37-20)
Sec. 20. (a) Any person desiring to conduct a horse race
meeting may apply to the Board for an organization license. The
application shall be made on a form prescribed and furnished by
the Board. The application shall specify:
(1) the dates on which it intends to conduct the horse
race meeting, which dates shall be provided under Section
21;
(2) the hours of each racing day between which it
intends to hold or conduct horse racing at such meeting;
(3) the location where it proposes to conduct the
meeting; and
(4) any other information the Board may reasonably
require.
(b) A separate application for an organization license

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shall be filed for each horse race meeting which such person
proposes to hold. Any such application, if made by an
individual, or by any individual as trustee, shall be signed
and verified under oath by such individual. If made by
individuals or a partnership, it shall be signed and verified
under oath by at least 2 of such individuals or members of such
partnership as the case may be. If made by an association,
corporation, corporate trustee or any other entity, it shall be
signed by the president and attested by the secretary or
assistant secretary under the seal of such association, trust
or corporation if it has a seal, and shall also be verified
under oath by one of the signing officers.
(c) The application shall specify the name of the persons,
association, trust, or corporation making such application and
the post office address of the applicant; if the applicant is a
trustee, the names and addresses of the beneficiaries; if a
corporation, the names and post office addresses of all
officers, stockholders and directors; or if such stockholders
hold stock as a nominee or fiduciary, the names and post office
addresses of these persons, partnerships, corporations, or
trusts who are the beneficial owners thereof or who are
beneficially interested therein; and if a partnership, the
names and post office addresses of all partners, general or
limited; if the applicant is a corporation, the name of the
state of its incorporation shall be specified.
(d) The applicant shall execute and file with the Board a

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good faith affirmative action plan to recruit, train, and
upgrade minorities in all classifications within the
association.
(e) With such application there shall be delivered to the
Board a certified check or bank draft payable to the order of
the Board for an amount equal to $1,000. All applications for
the issuance of an organization license shall be filed with the
Board before August 1 of the year prior to the year for which
application is made and shall be acted upon by the Board at a
meeting to be held on such date as shall be fixed by the Board
during the last 15 days of September of such prior year. At
such meeting, the Board shall announce the award of the racing
meets, live racing schedule, and designation of host track to
the applicants and its approval or disapproval of each
application. No announcement shall be considered binding until
a formal order is executed by the Board, which shall be
executed no later than October 15 of that prior year. Until
January 1, 2016 or the effective date of this amendatory Act of
the 99th General Assembly, whichever is later, absent Absent
the agreement of the affected organization licensees, the Board
shall not grant overlapping race meetings to 2 or more tracks
that are within 100 miles of each other to conduct the
thoroughbred racing.
(e-5) In reviewing an application for the purpose of
granting an organization license consistent with the best
interests of the public and the sport of horse racing, the

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Board shall consider:
(1) the character, reputation, experience, and
financial integrity of the applicant and of any other
separate person that either:
(i) controls the applicant, directly or
indirectly, or
(ii) is controlled, directly or indirectly, by
that applicant or by a person who controls, directly or
indirectly, that applicant;
(2) the applicant's facilities or proposed facilities
for conducting horse racing;
(3) the total revenue without regard to Section 32.1 to
be derived by the State and horsemen from the applicant's
conducting a race meeting;
(4) the applicant's good faith affirmative action plan
to recruit, train, and upgrade minorities in all employment
classifications;
(5) the applicant's financial ability to purchase and
maintain adequate liability and casualty insurance;
(6) the applicant's proposed and prior year's
promotional and marketing activities and expenditures of
the applicant associated with those activities;
(7) an agreement, if any, among organization licensees
as provided in subsection (b) of Section 21 of this Act;
and
(8) the extent to which the applicant exceeds or meets

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other standards for the issuance of an organization license
that the Board shall adopt by rule.
Except as otherwise provided in this subsection (e-5), in
In granting organization licenses and allocating dates for
horse race meetings, the Board shall have discretion to
determine an overall schedule, including required simulcasts
of Illinois races by host tracks that will, in its judgment, be
conducive to the best interests of the public and the sport of
horse racing. At the first scheduled meeting on or after the
effective date of this amendatory Act of the 99th General
Assembly, the Board shall allocate a minimum of 30 racing dates
to any organization licensee that applies as long as the
organization licensee is in good standing with the Board in the
current year.
(e-10) The Illinois Administrative Procedure Act shall
apply to administrative procedures of the Board under this Act
for the granting of an organization license, except that (1)
notwithstanding the provisions of subsection (b) of Section
10-40 of the Illinois Administrative Procedure Act regarding
cross-examination, the Board may prescribe rules limiting the
right of an applicant or participant in any proceeding to award
an organization license to conduct cross-examination of
witnesses at that proceeding where that cross-examination
would unduly obstruct the timely award of an organization
license under subsection (e) of Section 20 of this Act; (2) the
provisions of Section 10-45 of the Illinois Administrative

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Procedure Act regarding proposals for decision are excluded
under this Act; (3) notwithstanding the provisions of
subsection (a) of Section 10-60 of the Illinois Administrative
Procedure Act regarding ex parte communications, the Board may
prescribe rules allowing ex parte communications with
applicants or participants in a proceeding to award an
organization license where conducting those communications
would be in the best interest of racing, provided all those
communications are made part of the record of that proceeding
pursuant to subsection (c) of Section 10-60 of the Illinois
Administrative Procedure Act; (4) the provisions of Section 14a
of this Act and the rules of the Board promulgated under that
Section shall apply instead of the provisions of Article 10 of
the Illinois Administrative Procedure Act regarding
administrative law judges; and (5) the provisions of subsection
(d) of Section 10-65 of the Illinois Administrative Procedure
Act that prevent summary suspension of a license pending
revocation or other action shall not apply.
(f) The Board may allot racing dates to an organization
licensee for more than one calendar year but for no more than 3
successive calendar years in advance, provided that the Board
shall review such allotment for more than one calendar year
prior to each year for which such allotment has been made. The
granting of an organization license to a person constitutes a
privilege to conduct a horse race meeting under the provisions
of this Act, and no person granted an organization license

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shall be deemed to have a vested interest, property right, or
future expectation to receive an organization license in any
subsequent year as a result of the granting of an organization
license, except as required in subsection (e-5) of this
Section. Organization licenses shall be subject to revocation
if the organization licensee has violated any provision of this
Act or the rules and regulations promulgated under this Act or
has been convicted of a crime or has failed to disclose or has
stated falsely any information called for in the application
for an organization license. Any organization license
revocation proceeding shall be in accordance with Section 16
regarding suspension and revocation of occupation licenses.
(f-5) If, (i) an applicant does not file an acceptance of
the racing dates awarded by the Board as required under part
(1) of subsection (h) of this Section 20, or (ii) an
organization licensee has its license suspended or revoked
under this Act, the Board, upon conducting an emergency hearing
as provided for in this Act, may reaward on an emergency basis
pursuant to rules established by the Board, racing dates not
accepted or the racing dates associated with any suspension or
revocation period to one or more organization licensees, new
applicants, or any combination thereof, upon terms and
conditions that the Board determines are in the best interest
of racing, provided, the organization licensees or new
applicants receiving the awarded racing dates file an
acceptance of those reawarded racing dates as required under

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paragraph (1) of subsection (h) of this Section 20 and comply
with the other provisions of this Act. The Illinois
Administrative Procedure Act shall not apply to the
administrative procedures of the Board in conducting the
emergency hearing and the reallocation of racing dates on an
emergency basis.
(g) (Blank).
(h) The Board shall send the applicant a copy of its
formally executed order by certified mail addressed to the
applicant at the address stated in his application, which
notice shall be mailed within 5 days of the date the formal
order is executed.
Except as required in subsection (e-5) of this Section,
each Each applicant notified shall, within 10 days after
receipt of the final executed order of the Board awarding
racing dates:
(1) file with the Board an acceptance of such award in
the form prescribed by the Board;
(2) pay to the Board an additional amount equal to $110
for each racing date awarded; and
(3) file with the Board the bonds required in Sections
21 and 25 at least 20 days prior to the first day of each
race meeting.
Upon compliance with the provisions of paragraphs (1), (2), and
(3) of this subsection (h), the applicant shall be issued an
organization license.

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If any applicant fails to comply with this Section or fails
to pay the organization license fees herein provided, no
organization license shall be issued to such applicant.
(Source: P.A. 97-333, eff. 8-12-11.)
(230 ILCS 5/26) (from Ch. 8, par. 37-26)
Sec. 26. Wagering.
(a) Any licensee may conduct and supervise the pari-mutuel
system of wagering, as defined in Section 3.12 of this Act, on
horse races conducted by an Illinois organization licensee or
conducted at a racetrack located in another state or country
and televised in Illinois in accordance with subsection (g) of
Section 26 of this Act. Subject to the prior consent of the
Board, licensees may supplement any pari-mutuel pool in order
to guarantee a minimum distribution. Such pari-mutuel method of
wagering shall not, under any circumstances if conducted under
the provisions of this Act, be held or construed to be
unlawful, other statutes of this State to the contrary
notwithstanding. Subject to rules for advance wagering
promulgated by the Board, any licensee may accept wagers in
advance of the day of the race wagered upon occurs.
(b) No other method of betting, pool making, wagering or
gambling shall be used or permitted by the licensee. Each
licensee may retain, subject to the payment of all applicable
taxes and purses, an amount not to exceed 17% of all money
wagered under subsection (a) of this Section, except as may

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otherwise be permitted under this Act.
(b-5) An individual may place a wager under the pari-mutuel
system from any licensed location authorized under this Act
provided that wager is electronically recorded in the manner
described in Section 3.12 of this Act. Any wager made
electronically by an individual while physically on the
premises of a licensee shall be deemed to have been made at the
premises of that licensee.
(c) Until January 1, 2000, the sum held by any licensee for
payment of outstanding pari-mutuel tickets, if unclaimed prior
to December 31 of the next year, shall be retained by the
licensee for payment of such tickets until that date. Within 10
days thereafter, the balance of such sum remaining unclaimed,
less any uncashed supplements contributed by such licensee for
the purpose of guaranteeing minimum distributions of any
pari-mutuel pool, shall be paid to the Illinois Veterans'
Rehabilitation Fund of the State treasury, except as provided
in subsection (g) of Section 27 of this Act.
(c-5) Beginning January 1, 2000, the sum held by any
licensee for payment of outstanding pari-mutuel tickets, if
unclaimed prior to December 31 of the next year, shall be
retained by the licensee for payment of such tickets until that
date. Within 10 days thereafter, the balance of such sum
remaining unclaimed, less any uncashed supplements contributed
by such licensee for the purpose of guaranteeing minimum
distributions of any pari-mutuel pool, shall be evenly

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distributed to the purse account of the organization licensee
and the organization licensee.
(d) A pari-mutuel ticket shall be honored until December 31
of the next calendar year, and the licensee shall pay the same
and may charge the amount thereof against unpaid money
similarly accumulated on account of pari-mutuel tickets not
presented for payment.
(e) No licensee shall knowingly permit any minor, other
than an employee of such licensee or an owner, trainer, jockey,
driver, or employee thereof, to be admitted during a racing
program unless accompanied by a parent or guardian, or any
minor to be a patron of the pari-mutuel system of wagering
conducted or supervised by it. The admission of any
unaccompanied minor, other than an employee of the licensee or
an owner, trainer, jockey, driver, or employee thereof at a
race track is a Class C misdemeanor.
(f) Notwithstanding the other provisions of this Act, an
organization licensee may contract with an entity in another
state or country to permit any legal wagering entity in another
state or country to accept wagers solely within such other
state or country on races conducted by the organization
licensee in this State. Beginning January 1, 2000, these wagers
shall not be subject to State taxation. Until January 1, 2000,
when the out-of-State entity conducts a pari-mutuel pool
separate from the organization licensee, a privilege tax equal
to 7 1/2% of all monies received by the organization licensee

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from entities in other states or countries pursuant to such
contracts is imposed on the organization licensee, and such
privilege tax shall be remitted to the Department of Revenue
within 48 hours of receipt of the moneys from the simulcast.
When the out-of-State entity conducts a combined pari-mutuel
pool with the organization licensee, the tax shall be 10% of
all monies received by the organization licensee with 25% of
the receipts from this 10% tax to be distributed to the county
in which the race was conducted.
An organization licensee may permit one or more of its
races to be utilized for pari-mutuel wagering at one or more
locations in other states and may transmit audio and visual
signals of races the organization licensee conducts to one or
more locations outside the State or country and may also permit
pari-mutuel pools in other states or countries to be combined
with its gross or net wagering pools or with wagering pools
established by other states.
(g) Until January 1, 2016 or the effective date of this
amendatory Act of the 99th General Assembly, whichever is
later, a A host track may accept interstate simulcast wagers on
horse races conducted in other states or countries and shall
control the number of signals and types of breeds of racing in
its simulcast program, subject to the disapproval of the Board.
The Board may prohibit a simulcast program only if it finds
that the simulcast program is clearly adverse to the integrity
of racing. The host track simulcast program shall include the

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signal of live racing of all organization licensees. All
non-host licensees and advance deposit wagering licensees
shall carry the signal of and accept wagers on live racing of
all organization licensees. On or after January 1, 2016 or the
effective date of this amendatory Act of the 99th General
Assembly, whichever is later, all tracks may accept interstate
simulcast wagers on horse races conducted in other states or
countries and shall control the number of signals and types of
breeds of racing in its simulcast program, subject to the
disapproval of the Board. The Board may prohibit a simulcast
program only if it finds that the simulcast program is clearly
adverse to the integrity of racing. Licensees and advance
deposit wagering licensees shall carry the signal of and accept
wagers on live racing of all organization licensees. Advance
deposit wagering licensees shall not be permitted to accept
out-of-state wagers on any Illinois signal provided pursuant to
this Section without the approval and consent of the
organization licensee providing the signal. Until January 1,
2016 or the effective date of this amendatory Act of the 99th
General Assembly, whichever is later, For one year after the
effective date of this amendatory Act of the 98th General
Assembly, non-host licensees may carry the host track simulcast
program and shall accept wagers on all races included as part
of the simulcast program of horse races conducted at race
tracks located within North America upon which wagering is
permitted. Until January 1, 2016 or the effective date of this

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amendatory Act of the 99th General Assembly, whichever is
later, For a period of one year after the effective date of
this amendatory Act of the 98th General Assembly, on horse
races conducted at race tracks located outside of North
America, non-host licensees may accept wagers on all races
included as part of the simulcast program upon which wagering
is permitted. Until January 1, 2016 or the effective date of
this amendatory Act of the 99th General Assembly, whichever is
later, Beginning one year after the effective date of this
amendatory Act of the 98th General Assembly, non-host licensees
may carry the host track simulcast program and shall accept
wagers on all races included as part of the simulcast program
upon which wagering is permitted. All organization licensees
shall provide their live signal to all advance deposit wagering
licensees for a simulcast commission fee not to exceed 6% of
the advance deposit wagering licensee's Illinois handle on the
organization licensee's signal without prior approval by the
Board. The Board may adopt rules under which it may permit
simulcast commission fees in excess of 6%. The Board shall
adopt rules limiting the interstate commission fees charged to
an advance deposit wagering licensee. The Board shall adopt
rules regarding advance deposit wagering on interstate
simulcast races that shall reflect, among other things, the
General Assembly's desire to maximize revenues to the State,
horsemen purses, and organization organizational licensees.
However, organization licensees providing live signals

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pursuant to the requirements of this subsection (g) may
petition the Board to withhold their live signals from an
advance deposit wagering licensee if the organization licensee
discovers and the Board finds reputable or credible information
that the advance deposit wagering licensee is under
investigation by another state or federal governmental agency,
the advance deposit wagering licensee's license has been
suspended in another state, or the advance deposit wagering
licensee's license is in revocation proceedings in another
state. The organization licensee's provision of their live
signal to an advance deposit wagering licensee under this
subsection (g) pertains to wagers placed from within Illinois.
Advance deposit wagering licensees may place advance deposit
wagering terminals at wagering facilities as a convenience to
customers. The advance deposit wagering licensee shall not
charge or collect any fee from purses for the placement of the
advance deposit wagering terminals. The costs and expenses of
the host track and non-host licensees associated with
interstate simulcast wagering, other than the interstate
commission fee, shall be borne by the host track and all
non-host licensees incurring these costs. The interstate
commission fee shall not exceed 5% of Illinois handle on the
interstate simulcast race or races without prior approval of
the Board. The Board shall promulgate rules under which it may
permit interstate commission fees in excess of 5%. The
interstate commission fee and other fees charged by the sending

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racetrack, including, but not limited to, satellite decoder
fees, shall, until January 1, 2016 or the effective date of
this amendatory Act of the 99th General Assembly, whichever is
later, be uniformly applied to the host track and all non-host
licensees.
Notwithstanding any other provision of this Act, until
February 1, 2017, an organization licensee, with the consent of
the horsemen association representing the largest number of
owners, trainers, jockeys, or standardbred drivers who race
horses at that organization licensee's racing meeting, may
maintain a system whereby advance deposit wagering may take
place or an organization licensee, with the consent of the
horsemen association representing the largest number of
owners, trainers, jockeys, or standardbred drivers who race
horses at that organization licensee's racing meeting, may
contract with another person to carry out a system of advance
deposit wagering. Such consent may not be unreasonably
withheld. Only with respect to an appeal to the Board that
consent for an organization licensee that maintains its own
advance deposit wagering system is being unreasonably
withheld, the Board shall issue a final order within 30 days
after initiation of the appeal, and the organization licensee's
advance deposit wagering system may remain operational during
that 30-day period. The actions of any organization licensee
who conducts advance deposit wagering or any person who has a
contract with an organization licensee to conduct advance

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deposit wagering who conducts advance deposit wagering on or
after January 1, 2013 and prior to the effective date of this
amendatory Act of the 98th General Assembly taken in reliance
on the changes made to this subsection (g) by this amendatory
Act of the 98th General Assembly are hereby validated, provided
payment of all applicable pari-mutuel taxes are remitted to the
Board. All advance deposit wagers placed from within Illinois
must be placed through a Board-approved advance deposit
wagering licensee; no other entity may accept an advance
deposit wager from a person within Illinois. All advance
deposit wagering is subject to any rules adopted by the Board.
The Board may adopt rules necessary to regulate advance deposit
wagering through the use of emergency rulemaking in accordance
with Section 5-45 of the Illinois Administrative Procedure Act.
The General Assembly finds that the adoption of rules to
regulate advance deposit wagering is deemed an emergency and
necessary for the public interest, safety, and welfare. An
advance deposit wagering licensee may retain all moneys as
agreed to by contract with an organization licensee. Any moneys
retained by the organization licensee from advance deposit
wagering, not including moneys retained by the advance deposit
wagering licensee, shall be paid 50% to the organization
licensee's purse account and 50% to the organization licensee.
With the exception of any organization licensee that is owned
by a publicly traded company that is incorporated in a state
other than Illinois and advance deposit wagering licensees

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under contract with such organization licensees, organization
licensees that maintain advance deposit wagering systems and
advance deposit wagering licensees that contract with
organization licensees shall provide sufficiently detailed
monthly accountings to the horsemen association representing
the largest number of owners, trainers, jockeys, or
standardbred drivers who race horses at that organization
licensee's racing meeting so that the horsemen association, as
an interested party, can confirm the accuracy of the amounts
paid to the purse account at the horsemen association's
affiliated organization licensee from advance deposit
wagering. If more than one breed races at the same race track
facility, then the 50% of the moneys to be paid to an
organization licensee's purse account shall be allocated among
all organization licensees' purse accounts operating at that
race track facility proportionately based on the actual number
of host days that the Board grants to that breed at that race
track facility in the current calendar year. To the extent any
fees from advance deposit wagering conducted in Illinois for
wagers in Illinois or other states have been placed in escrow
or otherwise withheld from wagers pending a determination of
the legality of advance deposit wagering, no action shall be
brought to declare such wagers or the disbursement of any fees
previously escrowed illegal.
(1) Until January 1, 2016 or the effective date of this
amendatory Act of the 99th General Assembly, whichever is

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later, between Between the hours of 6:30 a.m. and 6:30 p.m.
an intertrack wagering licensee other than the host track
may supplement the host track simulcast program with
additional simulcast races or race programs, provided that
between January 1 and the third Friday in February of any
year, inclusive, if no live thoroughbred racing is
occurring in Illinois during this period, only
thoroughbred races may be used for supplemental interstate
simulcast purposes. The Board shall withhold approval for a
supplemental interstate simulcast only if it finds that the
simulcast is clearly adverse to the integrity of racing. A
supplemental interstate simulcast may be transmitted from
an intertrack wagering licensee to its affiliated non-host
licensees. The interstate commission fee for a
supplemental interstate simulcast shall be paid by the
non-host licensee and its affiliated non-host licensees
receiving the simulcast.
(2) Until January 1, 2016 or the effective date of this
amendatory Act of the 99th General Assembly, whichever is
later, between Between the hours of 6:30 p.m. and 6:30 a.m.
an intertrack wagering licensee other than the host track
may receive supplemental interstate simulcasts only with
the consent of the host track, except when the Board finds
that the simulcast is clearly adverse to the integrity of
racing. Consent granted under this paragraph (2) to any
intertrack wagering licensee shall be deemed consent to all

09900HB2663ham001 - 23 - LRB099 09048 AMC 39164 a
non-host licensees. The interstate commission fee for the
supplemental interstate simulcast shall be paid by all
participating non-host licensees.
(3) Each licensee conducting interstate simulcast
wagering may retain, subject to the payment of all
applicable taxes and the purses, an amount not to exceed
17% of all money wagered. If any licensee conducts the
pari-mutuel system wagering on races conducted at
racetracks in another state or country, each such race or
race program shall be considered a separate racing day for
the purpose of determining the daily handle and computing
the privilege tax of that daily handle as provided in
subsection (a) of Section 27. Until January 1, 2000, from
the sums permitted to be retained pursuant to this
subsection, each intertrack wagering location licensee
shall pay 1% of the pari-mutuel handle wagered on simulcast
wagering to the Horse Racing Tax Allocation Fund, subject
to the provisions of subparagraph (B) of paragraph (11) of
subsection (h) of Section 26 of this Act.
(4) A licensee who receives an interstate simulcast may
combine its gross or net pools with pools at the sending
racetracks pursuant to rules established by the Board. All
licensees combining their gross pools at a sending
racetrack shall adopt the take-out percentages of the
sending racetrack. A licensee may also establish a separate
pool and takeout structure for wagering purposes on races

09900HB2663ham001 - 24 - LRB099 09048 AMC 39164 a
conducted at race tracks outside of the State of Illinois.
The licensee may permit pari-mutuel wagers placed in other
states or countries to be combined with its gross or net
wagering pools or other wagering pools.
(5) Until January 1, 2016 or the effective date of this
amendatory Act of the 99th General Assembly, whichever is
later, after After the payment of the interstate commission
fee (except for the interstate commission fee on a
supplemental interstate simulcast, which shall be paid by
the host track and by each non-host licensee through the
host-track) and all applicable State and local taxes,
except as provided in subsection (g) of Section 27 of this
Act, the remainder of moneys retained from simulcast
wagering pursuant to this subsection (g), and Section 26.2
shall be divided as follows:
(A) For interstate simulcast wagers made at a host
track, 50% to the host track and 50% to purses at the
host track.
(B) For wagers placed on interstate simulcast
races, supplemental simulcasts as defined in
subparagraphs (1) and (2), and separately pooled races
conducted outside of the State of Illinois made at a
non-host licensee, 25% to the host track, 25% to the
non-host licensee, and 50% to the purses at the host
track.
On or after January 1, 2016 or the effective date of

09900HB2663ham001 - 25 - LRB099 09048 AMC 39164 a
this amendatory Act of the 99th General Assembly, whichever
is later, after the payment of the interstate commission
fee and all applicable State and local taxes, except as
provided in subsection (g) of Section 27 of this Act, the
licensee shall retain 50% of the retention from interstate
simulcast wagers and shall pay 50% to purses at the track
from which the licensee derives its license.
(6) Notwithstanding any provision in this Act to the
contrary, non-host licensees who derive their licenses
from a track located in a county with a population in
excess of 230,000 and that borders the Mississippi River
may receive supplemental interstate simulcast races at all
times subject to Board approval, which shall be withheld
only upon a finding that a supplemental interstate
simulcast is clearly adverse to the integrity of racing.
(7) Notwithstanding any provision of this Act to the
contrary, after payment of all applicable State and local
taxes and interstate commission fees, non-host licensees
who derive their licenses from a track located in a county
with a population in excess of 230,000 and that borders the
Mississippi River shall retain 50% of the retention from
interstate simulcast wagers and shall pay 50% to purses at
the track from which the non-host licensee derives its
license as follows:
(A) Between January 1 and the third Friday in
February, inclusive, if no live thoroughbred racing is

09900HB2663ham001 - 26 - LRB099 09048 AMC 39164 a
occurring in Illinois during this period, when the
interstate simulcast is a standardbred race, the purse
share to its standardbred purse account;
(B) Between January 1 and the third Friday in
February, inclusive, if no live thoroughbred racing is
occurring in Illinois during this period, and the
interstate simulcast is a thoroughbred race, the purse
share to its interstate simulcast purse pool to be
distributed under paragraph (10) of this subsection
(g);
(C) Between January 1 and the third Friday in
February, inclusive, if live thoroughbred racing is
occurring in Illinois, between 6:30 a.m. and 6:30 p.m.
the purse share from wagers made during this time
period to its thoroughbred purse account and between
6:30 p.m. and 6:30 a.m. the purse share from wagers
made during this time period to its standardbred purse
accounts;
(D) Between the third Saturday in February and
December 31, when the interstate simulcast occurs
between the hours of 6:30 a.m. and 6:30 p.m., the purse
share to its thoroughbred purse account;
(E) Between the third Saturday in February and
December 31, when the interstate simulcast occurs
between the hours of 6:30 p.m. and 6:30 a.m., the purse
share to its standardbred purse account.

09900HB2663ham001 - 27 - LRB099 09048 AMC 39164 a
(7.1) Notwithstanding any other provision of this Act
to the contrary, if no standardbred racing is conducted at
a racetrack located in Madison County during any calendar
year beginning on or after January 1, 2002, all moneys
derived by that racetrack from simulcast wagering and
inter-track wagering that (1) are to be used for purses and
(2) are generated between the hours of 6:30 p.m. and 6:30
a.m. during that calendar year shall be paid as follows:
(A) If the licensee that conducts horse racing at
that racetrack requests from the Board at least as many
racing dates as were conducted in calendar year 2000,
80% shall be paid to its thoroughbred purse account;
and
(B) Twenty percent shall be deposited into the
Illinois Colt Stakes Purse Distribution Fund and shall
be paid to purses for standardbred races for Illinois
conceived and foaled horses conducted at any county
fairgrounds. The moneys deposited into the Fund
pursuant to this subparagraph (B) shall be deposited
within 2 weeks after the day they were generated, shall
be in addition to and not in lieu of any other moneys
paid to standardbred purses under this Act, and shall
not be commingled with other moneys paid into that
Fund. The moneys deposited pursuant to this
subparagraph (B) shall be allocated as provided by the
Department of Agriculture, with the advice and

09900HB2663ham001 - 28 - LRB099 09048 AMC 39164 a
assistance of the Illinois Standardbred Breeders Fund
Advisory Board.
(7.2) Notwithstanding any other provision of this Act
to the contrary, if no thoroughbred racing is conducted at
a racetrack located in Madison County during any calendar
year beginning on or after January 1, 2002, all moneys
derived by that racetrack from simulcast wagering and
inter-track wagering that (1) are to be used for purses and
(2) are generated between the hours of 6:30 a.m. and 6:30
p.m. during that calendar year shall be deposited as
follows:
(A) If the licensee that conducts horse racing at
that racetrack requests from the Board at least as many
racing dates as were conducted in calendar year 2000,
80% shall be deposited into its standardbred purse
account; and
(B) Twenty percent shall be deposited into the
Illinois Colt Stakes Purse Distribution Fund. Moneys
deposited into the Illinois Colt Stakes Purse
Distribution Fund pursuant to this subparagraph (B)
shall be paid to Illinois conceived and foaled
thoroughbred breeders' programs and to thoroughbred
purses for races conducted at any county fairgrounds
for Illinois conceived and foaled horses at the
discretion of the Department of Agriculture, with the
advice and assistance of the Illinois Thoroughbred

09900HB2663ham001 - 29 - LRB099 09048 AMC 39164 a
Breeders Fund Advisory Board. The moneys deposited
into the Illinois Colt Stakes Purse Distribution Fund
pursuant to this subparagraph (B) shall be deposited
within 2 weeks after the day they were generated, shall
be in addition to and not in lieu of any other moneys
paid to thoroughbred purses under this Act, and shall
not be commingled with other moneys deposited into that
Fund.
(7.3) If no live standardbred racing is conducted at a
racetrack located in Madison County in calendar year 2000
or 2001, an organization licensee who is licensed to
conduct horse racing at that racetrack shall, before
January 1, 2002, pay all moneys derived from simulcast
wagering and inter-track wagering in calendar years 2000
and 2001 and paid into the licensee's standardbred purse
account as follows:
(A) Eighty percent to that licensee's thoroughbred
purse account to be used for thoroughbred purses; and
(B) Twenty percent to the Illinois Colt Stakes
Purse Distribution Fund.
Failure to make the payment to the Illinois Colt Stakes
Purse Distribution Fund before January 1, 2002 shall result
in the immediate revocation of the licensee's organization
license, inter-track wagering license, and inter-track
wagering location license.
Moneys paid into the Illinois Colt Stakes Purse

09900HB2663ham001 - 30 - LRB099 09048 AMC 39164 a
Distribution Fund pursuant to this paragraph (7.3) shall be
paid to purses for standardbred races for Illinois
conceived and foaled horses conducted at any county
fairgrounds. Moneys paid into the Illinois Colt Stakes
Purse Distribution Fund pursuant to this paragraph (7.3)
shall be used as determined by the Department of
Agriculture, with the advice and assistance of the Illinois
Standardbred Breeders Fund Advisory Board, shall be in
addition to and not in lieu of any other moneys paid to
standardbred purses under this Act, and shall not be
commingled with any other moneys paid into that Fund.
(7.4) If live standardbred racing is conducted at a
racetrack located in Madison County at any time in calendar
year 2001 before the payment required under paragraph (7.3)
has been made, the organization licensee who is licensed to
conduct racing at that racetrack shall pay all moneys
derived by that racetrack from simulcast wagering and
inter-track wagering during calendar years 2000 and 2001
that (1) are to be used for purses and (2) are generated
between the hours of 6:30 p.m. and 6:30 a.m. during 2000 or
2001 to the standardbred purse account at that racetrack to
be used for standardbred purses.
(8) Notwithstanding any provision in this Act to the
contrary, an organization licensee from a track located in
a county with a population in excess of 230,000 and that
borders the Mississippi River and its affiliated non-host

09900HB2663ham001 - 31 - LRB099 09048 AMC 39164 a
licensees shall not be entitled to share in any retention
generated on racing, inter-track wagering, or simulcast
wagering at any other Illinois wagering facility.
(8.1) Until January 1, 2016 or the effective date of
this amendatory Act of the 99th General Assembly, whichever
is later, notwithstanding Notwithstanding any provisions
in this Act to the contrary, if 2 organization licensees
are conducting standardbred race meetings concurrently
between the hours of 6:30 p.m. and 6:30 a.m., after payment
of all applicable State and local taxes and interstate
commission fees, the remainder of the amount retained from
simulcast wagering otherwise attributable to the host
track and to host track purses shall be split daily between
the 2 organization licensees and the purses at the tracks
of the 2 organization licensees, respectively, based on
each organization licensee's share of the total live handle
for that day, provided that this provision shall not apply
to any non-host licensee that derives its license from a
track located in a county with a population in excess of
230,000 and that borders the Mississippi River.
(9) (Blank).
(10) (Blank).
(11) (Blank).
(12) The Board shall have authority to compel all host
tracks to receive the simulcast of any or all races
conducted at the Springfield or DuQuoin State fairgrounds

09900HB2663ham001 - 32 - LRB099 09048 AMC 39164 a
and include all such races as part of their simulcast
programs.
(13) Notwithstanding any other provision of this Act,
in the event that the total Illinois pari-mutuel handle on
Illinois horse races at all wagering facilities in any
calendar year is less than 75% of the total Illinois
pari-mutuel handle on Illinois horse races at all such
wagering facilities for calendar year 1994, then each
wagering facility that has an annual total Illinois
pari-mutuel handle on Illinois horse races that is less
than 75% of the total Illinois pari-mutuel handle on
Illinois horse races at such wagering facility for calendar
year 1994, shall be permitted to receive, from any amount
otherwise payable to the purse account at the race track
with which the wagering facility is affiliated in the
succeeding calendar year, an amount equal to 2% of the
differential in total Illinois pari-mutuel handle on
Illinois horse races at the wagering facility between that
calendar year in question and 1994 provided, however, that
a wagering facility shall not be entitled to any such
payment until the Board certifies in writing to the
wagering facility the amount to which the wagering facility
is entitled and a schedule for payment of the amount to the
wagering facility, based on: (i) the racing dates awarded
to the race track affiliated with the wagering facility
during the succeeding year; (ii) the sums available or

09900HB2663ham001 - 33 - LRB099 09048 AMC 39164 a
anticipated to be available in the purse account of the
race track affiliated with the wagering facility for purses
during the succeeding year; and (iii) the need to ensure
reasonable purse levels during the payment period. The
Board's certification shall be provided no later than
January 31 of the succeeding year. In the event a wagering
facility entitled to a payment under this paragraph (13) is
affiliated with a race track that maintains purse accounts
for both standardbred and thoroughbred racing, the amount
to be paid to the wagering facility shall be divided
between each purse account pro rata, based on the amount of
Illinois handle on Illinois standardbred and thoroughbred
racing respectively at the wagering facility during the
previous calendar year. Annually, the General Assembly
shall appropriate sufficient funds from the General
Revenue Fund to the Department of Agriculture for payment
into the thoroughbred and standardbred horse racing purse
accounts at Illinois pari-mutuel tracks. The amount paid to
each purse account shall be the amount certified by the
Illinois Racing Board in January to be transferred from
each account to each eligible racing facility in accordance
with the provisions of this Section.
(h) The Board may approve and license the conduct of
inter-track wagering and simulcast wagering by inter-track
wagering licensees and inter-track wagering location licensees
subject to the following terms and conditions:

09900HB2663ham001 - 34 - LRB099 09048 AMC 39164 a
(1) Any person licensed to conduct a race meeting (i)
at a track where 60 or more days of racing were conducted
during the immediately preceding calendar year or where
over the 5 immediately preceding calendar years an average
of 30 or more days of racing were conducted annually may be
issued an inter-track wagering license; (ii) at a track
located in a county that is bounded by the Mississippi
River, which has a population of less than 150,000
according to the 1990 decennial census, and an average of
at least 60 days of racing per year between 1985 and 1993
may be issued an inter-track wagering license; or (iii) at
a track located in Madison County that conducted at least
100 days of live racing during the immediately preceding
calendar year may be issued an inter-track wagering
license, unless a lesser schedule of live racing is the
result of (A) weather, unsafe track conditions, or other
acts of God; (B) an agreement between the organization
licensee and the associations representing the largest
number of owners, trainers, jockeys, or standardbred
drivers who race horses at that organization licensee's
racing meeting; or (C) a finding by the Board of
extraordinary circumstances and that it was in the best
interest of the public and the sport to conduct fewer than
100 days of live racing. Any such person having operating
control of the racing facility may also receive up to 6
inter-track wagering location licenses. In no event shall

09900HB2663ham001 - 35 - LRB099 09048 AMC 39164 a
more than 6 inter-track wagering locations be established
for each eligible race track, except that an eligible race
track located in a county that has a population of more
than 230,000 and that is bounded by the Mississippi River
may establish up to 7 inter-track wagering locations and an
eligible race track located in Cook County may establish up
to 8 inter-track wagering locations. An application for
said license shall be filed with the Board prior to such
dates as may be fixed by the Board. With an application for
an inter-track wagering location license there shall be
delivered to the Board a certified check or bank draft
payable to the order of the Board for an amount equal to
$500. The application shall be on forms prescribed and
furnished by the Board. The application shall comply with
all other rules, regulations and conditions imposed by the
Board in connection therewith.
(2) The Board shall examine the applications with
respect to their conformity with this Act and the rules and
regulations imposed by the Board. If found to be in
compliance with the Act and rules and regulations of the
Board, the Board may then issue a license to conduct
inter-track wagering and simulcast wagering to such
applicant. All such applications shall be acted upon by the
Board at a meeting to be held on such date as may be fixed
by the Board.
(3) In granting licenses to conduct inter-track

09900HB2663ham001 - 36 - LRB099 09048 AMC 39164 a
wagering and simulcast wagering, the Board shall give due
consideration to the best interests of the public, of horse
racing, and of maximizing revenue to the State.
(4) Prior to the issuance of a license to conduct
inter-track wagering and simulcast wagering, the applicant
shall file with the Board a bond payable to the State of
Illinois in the sum of $50,000, executed by the applicant
and a surety company or companies authorized to do business
in this State, and conditioned upon (i) the payment by the
licensee of all taxes due under Section 27 or 27.1 and any
other monies due and payable under this Act, and (ii)
distribution by the licensee, upon presentation of the
winning ticket or tickets, of all sums payable to the
patrons of pari-mutuel pools.
(5) Each license to conduct inter-track wagering and
simulcast wagering shall specify the person to whom it is
issued, the dates on which such wagering is permitted, and
the track or location where the wagering is to be
conducted.
(6) All wagering under such license is subject to this
Act and to the rules and regulations from time to time
prescribed by the Board, and every such license issued by
the Board shall contain a recital to that effect.
(7) An inter-track wagering licensee or inter-track
wagering location licensee may accept wagers at the track
or location where it is licensed, or as otherwise provided

09900HB2663ham001 - 37 - LRB099 09048 AMC 39164 a
under this Act.
(8) Inter-track wagering or simulcast wagering shall
not be conducted at any track less than 5 miles from a
track at which a racing meeting is in progress.
(8.1) Inter-track wagering location licensees who
derive their licenses from a particular organization
licensee shall conduct inter-track wagering and simulcast
wagering only at locations that are within 140 miles of
that race track where the particular organization licensee
is licensed to conduct racing. However, inter-track
wagering and simulcast wagering shall not be conducted by
those licensees at any location within 5 miles of any race
track at which a horse race meeting has been licensed in
the current year, unless the person having operating
control of such race track has given its written consent to
such inter-track wagering location licensees, which
consent must be filed with the Board at or prior to the
time application is made. In the case of any inter-track
wagering location licensee initially licensed after
December 31, 2013, inter-track wagering and simulcast
wagering shall not be conducted by those inter-track
wagering location licensees that are located outside the
City of Chicago at any location within 8 miles of any race
track at which a horse race meeting has been licensed in
the current year, unless the person having operating
control of such race track has given its written consent to

09900HB2663ham001 - 38 - LRB099 09048 AMC 39164 a
such inter-track wagering location licensees, which
consent must be filed with the Board at or prior to the
time application is made.
(8.2) Inter-track wagering or simulcast wagering shall
not be conducted by an inter-track wagering location
licensee at any location within 500 feet of an existing
church or existing school, nor within 500 feet of the
residences of more than 50 registered voters without
receiving written permission from a majority of the
registered voters at such residences. Such written
permission statements shall be filed with the Board. The
distance of 500 feet shall be measured to the nearest part
of any building used for worship services, education
programs, residential purposes, or conducting inter-track
wagering by an inter-track wagering location licensee, and
not to property boundaries. However, inter-track wagering
or simulcast wagering may be conducted at a site within 500
feet of a church, school or residences of 50 or more
registered voters if such church, school or residences have
been erected or established, or such voters have been
registered, after the Board issues the original
inter-track wagering location license at the site in
question. Inter-track wagering location licensees may
conduct inter-track wagering and simulcast wagering only
in areas that are zoned for commercial or manufacturing
purposes or in areas for which a special use has been

09900HB2663ham001 - 39 - LRB099 09048 AMC 39164 a
approved by the local zoning authority. However, no license
to conduct inter-track wagering and simulcast wagering
shall be granted by the Board with respect to any
inter-track wagering location within the jurisdiction of
any local zoning authority which has, by ordinance or by
resolution, prohibited the establishment of an inter-track
wagering location within its jurisdiction. However,
inter-track wagering and simulcast wagering may be
conducted at a site if such ordinance or resolution is
enacted after the Board licenses the original inter-track
wagering location licensee for the site in question.
(9) (Blank).
(10) An inter-track wagering licensee or an
inter-track wagering location licensee may retain, subject
to the payment of the privilege taxes and the purses, an
amount not to exceed 17% of all money wagered. Each program
of racing conducted by each inter-track wagering licensee
or inter-track wagering location licensee shall be
considered a separate racing day for the purpose of
determining the daily handle and computing the privilege
tax or pari-mutuel tax on such daily handle as provided in
Section 27.
(10.1) Except as provided in subsection (g) of Section
27 of this Act, inter-track wagering location licensees
shall pay 1% of the pari-mutuel handle at each location to
the municipality in which such location is situated and 1%

09900HB2663ham001 - 40 - LRB099 09048 AMC 39164 a
of the pari-mutuel handle at each location to the county in
which such location is situated. In the event that an
inter-track wagering location licensee is situated in an
unincorporated area of a county, such licensee shall pay 2%
of the pari-mutuel handle from such location to such
county.
(10.2) Notwithstanding any other provision of this
Act, with respect to intertrack wagering at a race track
located in a county that has a population of more than
230,000 and that is bounded by the Mississippi River ("the
first race track"), or at a facility operated by an
inter-track wagering licensee or inter-track wagering
location licensee that derives its license from the
organization licensee that operates the first race track,
on races conducted at the first race track or on races
conducted at another Illinois race track and
simultaneously televised to the first race track or to a
facility operated by an inter-track wagering licensee or
inter-track wagering location licensee that derives its
license from the organization licensee that operates the
first race track, those moneys shall be allocated as
follows:
(A) That portion of all moneys wagered on
standardbred racing that is required under this Act to
be paid to purses shall be paid to purses for
standardbred races.

09900HB2663ham001 - 41 - LRB099 09048 AMC 39164 a
(B) That portion of all moneys wagered on
thoroughbred racing that is required under this Act to
be paid to purses shall be paid to purses for
thoroughbred races.
(11) (A) After payment of the privilege or pari-mutuel
tax, any other applicable taxes, and the costs and expenses
in connection with the gathering, transmission, and
dissemination of all data necessary to the conduct of
inter-track wagering, the remainder of the monies retained
under either Section 26 or Section 26.2 of this Act by the
inter-track wagering licensee on inter-track wagering
shall be allocated with 50% to be split between the 2
participating licensees and 50% to purses, except that an
intertrack wagering licensee that derives its license from
a track located in a county with a population in excess of
230,000 and that borders the Mississippi River shall not
divide any remaining retention with the Illinois
organization licensee that provides the race or races, and
an intertrack wagering licensee that accepts wagers on
races conducted by an organization licensee that conducts a
race meet in a county with a population in excess of
230,000 and that borders the Mississippi River shall not
divide any remaining retention with that organization
licensee.
(B) From the sums permitted to be retained pursuant to
this Act each inter-track wagering location licensee shall

09900HB2663ham001 - 42 - LRB099 09048 AMC 39164 a
pay (i) the privilege or pari-mutuel tax to the State; (ii)
4.75% of the pari-mutuel handle on intertrack wagering at
such location on races as purses, except that an intertrack
wagering location licensee that derives its license from a
track located in a county with a population in excess of
230,000 and that borders the Mississippi River shall retain
all purse moneys for its own purse account consistent with
distribution set forth in this subsection (h), and
intertrack wagering location licensees that accept wagers
on races conducted by an organization licensee located in a
county with a population in excess of 230,000 and that
borders the Mississippi River shall distribute all purse
moneys to purses at the operating host track; (iii) until
January 1, 2000, except as provided in subsection (g) of
Section 27 of this Act, 1% of the pari-mutuel handle
wagered on inter-track wagering and simulcast wagering at
each inter-track wagering location licensee facility to
the Horse Racing Tax Allocation Fund, provided that, to the
extent the total amount collected and distributed to the
Horse Racing Tax Allocation Fund under this subsection (h)
during any calendar year exceeds the amount collected and
distributed to the Horse Racing Tax Allocation Fund during
calendar year 1994, that excess amount shall be
redistributed (I) to all inter-track wagering location
licensees, based on each licensee's pro-rata share of the
total handle from inter-track wagering and simulcast

09900HB2663ham001 - 43 - LRB099 09048 AMC 39164 a
wagering for all inter-track wagering location licensees
during the calendar year in which this provision is
applicable; then (II) the amounts redistributed to each
inter-track wagering location licensee as described in
subpart (I) shall be further redistributed as provided in
subparagraph (B) of paragraph (5) of subsection (g) of this
Section 26 provided first, that the shares of those
amounts, which are to be redistributed to the host track or
to purses at the host track under subparagraph (B) of
paragraph (5) of subsection (g) of this Section 26 shall be
redistributed based on each host track's pro rata share of
the total inter-track wagering and simulcast wagering
handle at all host tracks during the calendar year in
question, and second, that any amounts redistributed as
described in part (I) to an inter-track wagering location
licensee that accepts wagers on races conducted by an
organization licensee that conducts a race meet in a county
with a population in excess of 230,000 and that borders the
Mississippi River shall be further redistributed as
provided in subparagraphs (D) and (E) of paragraph (7) of
subsection (g) of this Section 26, with the portion of that
further redistribution allocated to purses at that
organization licensee to be divided between standardbred
purses and thoroughbred purses based on the amounts
otherwise allocated to purses at that organization
licensee during the calendar year in question; and (iv) 8%

09900HB2663ham001 - 44 - LRB099 09048 AMC 39164 a
of the pari-mutuel handle on inter-track wagering wagered
at such location to satisfy all costs and expenses of
conducting its wagering. Until January 1, 2016 or the
effective date of this amendatory Act of the 99th General
Assembly, whichever is later, the The remainder of the
monies retained by the inter-track wagering location
licensee shall be allocated 40% to the location licensee
and 60% to the organization licensee which provides the
Illinois races to the location, except that an intertrack
wagering location licensee that derives its license from a
track located in a county with a population in excess of
230,000 and that borders the Mississippi River shall not
divide any remaining retention with the organization
licensee that provides the race or races and an intertrack
wagering location licensee that accepts wagers on races
conducted by an organization licensee that conducts a race
meet in a county with a population in excess of 230,000 and
that borders the Mississippi River shall not divide any
remaining retention with the organization licensee. On and
after January 1, 2016 or the effective date of this
amendatory Act of the 99th General Assembly, whichever is
later, the remainder of the monies retained by the
inter-track wagering location licensee shall be allocated
100% to the location licensee. Notwithstanding the
provisions of clauses (ii) and (iv) of this paragraph, in
the case of the additional inter-track wagering location

09900HB2663ham001 - 45 - LRB099 09048 AMC 39164 a
licenses authorized under paragraph (1) of this subsection
(h) by this amendatory Act of 1991, those licensees shall
pay the following amounts as purses: during the first 12
months the licensee is in operation, 5.25% of the
pari-mutuel handle wagered at the location on races; during
the second 12 months, 5.25%; during the third 12 months,
5.75%; during the fourth 12 months, 6.25%; and during the
fifth 12 months and thereafter, 6.75%. The following
amounts shall be retained by the licensee to satisfy all
costs and expenses of conducting its wagering: during the
first 12 months the licensee is in operation, 8.25% of the
pari-mutuel handle wagered at the location; during the
second 12 months, 8.25%; during the third 12 months, 7.75%;
during the fourth 12 months, 7.25%; and during the fifth 12
months and thereafter, 6.75%. For additional intertrack
wagering location licensees authorized under this
amendatory Act of 1995, purses for the first 12 months the
licensee is in operation shall be 5.75% of the pari-mutuel
wagered at the location, purses for the second 12 months
the licensee is in operation shall be 6.25%, and purses
thereafter shall be 6.75%. For additional intertrack
location licensees authorized under this amendatory Act of
1995, the licensee shall be allowed to retain to satisfy
all costs and expenses: 7.75% of the pari-mutuel handle
wagered at the location during its first 12 months of
operation, 7.25% during its second 12 months of operation,

09900HB2663ham001 - 46 - LRB099 09048 AMC 39164 a
and 6.75% thereafter.
(C) There is hereby created the Horse Racing Tax
Allocation Fund which shall remain in existence until
December 31, 1999. Moneys remaining in the Fund after
December 31, 1999 shall be paid into the General Revenue
Fund. Until January 1, 2000, all monies paid into the Horse
Racing Tax Allocation Fund pursuant to this paragraph (11)
by inter-track wagering location licensees located in park
districts of 500,000 population or less, or in a
municipality that is not included within any park district
but is included within a conservation district and is the
county seat of a county that (i) is contiguous to the state
of Indiana and (ii) has a 1990 population of 88,257
according to the United States Bureau of the Census, and
operating on May 1, 1994 shall be allocated by
appropriation as follows:
Two-sevenths to the Department of Agriculture.
Fifty percent of this two-sevenths shall be used to
promote the Illinois horse racing and breeding
industry, and shall be distributed by the Department of
Agriculture upon the advice of a 9-member committee
appointed by the Governor consisting of the following
members: the Director of Agriculture, who shall serve
as chairman; 2 representatives of organization
licensees conducting thoroughbred race meetings in
this State, recommended by those licensees; 2

09900HB2663ham001 - 47 - LRB099 09048 AMC 39164 a
representatives of organization licensees conducting
standardbred race meetings in this State, recommended
by those licensees; a representative of the Illinois
Thoroughbred Breeders and Owners Foundation,
recommended by that Foundation; a representative of
the Illinois Standardbred Owners and Breeders
Association, recommended by that Association; a
representative of the Horsemen's Benevolent and
Protective Association or any successor organization
thereto established in Illinois comprised of the
largest number of owners and trainers, recommended by
that Association or that successor organization; and a
representative of the Illinois Harness Horsemen's
Association, recommended by that Association.
Committee members shall serve for terms of 2 years,
commencing January 1 of each even-numbered year. If a
representative of any of the above-named entities has
not been recommended by January 1 of any even-numbered
year, the Governor shall appoint a committee member to
fill that position. Committee members shall receive no
compensation for their services as members but shall be
reimbursed for all actual and necessary expenses and
disbursements incurred in the performance of their
official duties. The remaining 50% of this
two-sevenths shall be distributed to county fairs for
premiums and rehabilitation as set forth in the

09900HB2663ham001 - 48 - LRB099 09048 AMC 39164 a
Agricultural Fair Act;
Four-sevenths to park districts or municipalities
that do not have a park district of 500,000 population
or less for museum purposes (if an inter-track wagering
location licensee is located in such a park district)
or to conservation districts for museum purposes (if an
inter-track wagering location licensee is located in a
municipality that is not included within any park
district but is included within a conservation
district and is the county seat of a county that (i) is
contiguous to the state of Indiana and (ii) has a 1990
population of 88,257 according to the United States
Bureau of the Census, except that if the conservation
district does not maintain a museum, the monies shall
be allocated equally between the county and the
municipality in which the inter-track wagering
location licensee is located for general purposes) or
to a municipal recreation board for park purposes (if
an inter-track wagering location licensee is located
in a municipality that is not included within any park
district and park maintenance is the function of the
municipal recreation board and the municipality has a
1990 population of 9,302 according to the United States
Bureau of the Census); provided that the monies are
distributed to each park district or conservation
district or municipality that does not have a park

09900HB2663ham001 - 49 - LRB099 09048 AMC 39164 a
district in an amount equal to four-sevenths of the
amount collected by each inter-track wagering location
licensee within the park district or conservation
district or municipality for the Fund. Monies that were
paid into the Horse Racing Tax Allocation Fund before
the effective date of this amendatory Act of 1991 by an
inter-track wagering location licensee located in a
municipality that is not included within any park
district but is included within a conservation
district as provided in this paragraph shall, as soon
as practicable after the effective date of this
amendatory Act of 1991, be allocated and paid to that
conservation district as provided in this paragraph.
Any park district or municipality not maintaining a
museum may deposit the monies in the corporate fund of
the park district or municipality where the
inter-track wagering location is located, to be used
for general purposes; and
One-seventh to the Agricultural Premium Fund to be
used for distribution to agricultural home economics
extension councils in accordance with "An Act in
relation to additional support and finances for the
Agricultural and Home Economic Extension Councils in
the several counties of this State and making an
appropriation therefor", approved July 24, 1967.
Until January 1, 2000, all other monies paid into the

09900HB2663ham001 - 50 - LRB099 09048 AMC 39164 a
Horse Racing Tax Allocation Fund pursuant to this paragraph
(11) shall be allocated by appropriation as follows:
Two-sevenths to the Department of Agriculture.
Fifty percent of this two-sevenths shall be used to
promote the Illinois horse racing and breeding
industry, and shall be distributed by the Department of
Agriculture upon the advice of a 9-member committee
appointed by the Governor consisting of the following
members: the Director of Agriculture, who shall serve
as chairman; 2 representatives of organization
licensees conducting thoroughbred race meetings in
this State, recommended by those licensees; 2
representatives of organization licensees conducting
standardbred race meetings in this State, recommended
by those licensees; a representative of the Illinois
Thoroughbred Breeders and Owners Foundation,
recommended by that Foundation; a representative of
the Illinois Standardbred Owners and Breeders
Association, recommended by that Association; a
representative of the Horsemen's Benevolent and
Protective Association or any successor organization
thereto established in Illinois comprised of the
largest number of owners and trainers, recommended by
that Association or that successor organization; and a
representative of the Illinois Harness Horsemen's
Association, recommended by that Association.

09900HB2663ham001 - 51 - LRB099 09048 AMC 39164 a
Committee members shall serve for terms of 2 years,
commencing January 1 of each even-numbered year. If a
representative of any of the above-named entities has
not been recommended by January 1 of any even-numbered
year, the Governor shall appoint a committee member to
fill that position. Committee members shall receive no
compensation for their services as members but shall be
reimbursed for all actual and necessary expenses and
disbursements incurred in the performance of their
official duties. The remaining 50% of this
two-sevenths shall be distributed to county fairs for
premiums and rehabilitation as set forth in the
Agricultural Fair Act;
Four-sevenths to museums and aquariums located in
park districts of over 500,000 population; provided
that the monies are distributed in accordance with the
previous year's distribution of the maintenance tax
for such museums and aquariums as provided in Section 2
of the Park District Aquarium and Museum Act; and
One-seventh to the Agricultural Premium Fund to be
used for distribution to agricultural home economics
extension councils in accordance with "An Act in
relation to additional support and finances for the
Agricultural and Home Economic Extension Councils in
the several counties of this State and making an
appropriation therefor", approved July 24, 1967. This

09900HB2663ham001 - 52 - LRB099 09048 AMC 39164 a
subparagraph (C) shall be inoperative and of no force
and effect on and after January 1, 2000.
(D) Until January 1, 2016 or the effective date of
this amendatory Act of the 99th General Assembly,
whichever is later, except Except as provided in
paragraph (11) of this subsection (h), with respect to
purse allocation from intertrack wagering, the monies
so retained shall be divided as follows:
(i) If the inter-track wagering licensee,
except an intertrack wagering licensee that
derives its license from an organization licensee
located in a county with a population in excess of
230,000 and bounded by the Mississippi River, is
not conducting its own race meeting during the same
dates, then the entire purse allocation shall be to
purses at the track where the races wagered on are
being conducted.
(ii) If the inter-track wagering licensee,
except an intertrack wagering licensee that
derives its license from an organization licensee
located in a county with a population in excess of
230,000 and bounded by the Mississippi River, is
also conducting its own race meeting during the
same dates, then the purse allocation shall be as
follows: 50% to purses at the track where the races
wagered on are being conducted; 50% to purses at

09900HB2663ham001 - 53 - LRB099 09048 AMC 39164 a
the track where the inter-track wagering licensee
is accepting such wagers.
(iii) If the inter-track wagering is being
conducted by an inter-track wagering location
licensee, except an intertrack wagering location
licensee that derives its license from an
organization licensee located in a county with a
population in excess of 230,000 and bounded by the
Mississippi River, the entire purse allocation for
Illinois races shall be to purses at the track
where the race meeting being wagered on is being
held.
On and after January 1, 2016 or the effective date
of this amendatory Act of the 99th General Assembly,
whichever is later, except as provided in paragraph
(11) of this subsection (h), with respect to purse
allocation from inter-track wagering, the entire purse
allocation shall be to the purse accounts that are
affiliated with the organization licensee from which
the inter-track wagering location licensee derives its
license.
(12) The Board shall have all powers necessary and
proper to fully supervise and control the conduct of
inter-track wagering and simulcast wagering by inter-track
wagering licensees and inter-track wagering location
licensees, including, but not limited to the following:

09900HB2663ham001 - 54 - LRB099 09048 AMC 39164 a
(A) The Board is vested with power to promulgate
reasonable rules and regulations for the purpose of
administering the conduct of this wagering and to
prescribe reasonable rules, regulations and conditions
under which such wagering shall be held and conducted.
Such rules and regulations are to provide for the
prevention of practices detrimental to the public
interest and for the best interests of said wagering
and to impose penalties for violations thereof.
(B) The Board, and any person or persons to whom it
delegates this power, is vested with the power to enter
the facilities of any licensee to determine whether
there has been compliance with the provisions of this
Act and the rules and regulations relating to the
conduct of such wagering.
(C) The Board, and any person or persons to whom it
delegates this power, may eject or exclude from any
licensee's facilities, any person whose conduct or
reputation is such that his presence on such premises
may, in the opinion of the Board, call into the
question the honesty and integrity of, or interfere
with the orderly conduct of such wagering; provided,
however, that no person shall be excluded or ejected
from such premises solely on the grounds of race,
color, creed, national origin, ancestry, or sex.
(D) (Blank).

09900HB2663ham001 - 55 - LRB099 09048 AMC 39164 a
(E) The Board is vested with the power to appoint
delegates to execute any of the powers granted to it
under this Section for the purpose of administering
this wagering and any rules and regulations
promulgated in accordance with this Act.
(F) The Board shall name and appoint a State
director of this wagering who shall be a representative
of the Board and whose duty it shall be to supervise
the conduct of inter-track wagering as may be provided
for by the rules and regulations of the Board; such
rules and regulation shall specify the method of
appointment and the Director's powers, authority and
duties.
(G) The Board is vested with the power to impose
civil penalties of up to $5,000 against individuals and
up to $10,000 against licensees for each violation of
any provision of this Act relating to the conduct of
this wagering, any rules adopted by the Board, any
order of the Board or any other action which in the
Board's discretion, is a detriment or impediment to
such wagering.
(13) The Department of Agriculture may enter into
agreements with licensees authorizing such licensees to
conduct inter-track wagering on races to be held at the
licensed race meetings conducted by the Department of
Agriculture. Such agreement shall specify the races of the

09900HB2663ham001 - 56 - LRB099 09048 AMC 39164 a
Department of Agriculture's licensed race meeting upon
which the licensees will conduct wagering. In the event
that a licensee conducts inter-track pari-mutuel wagering
on races from the Illinois State Fair or DuQuoin State Fair
which are in addition to the licensee's previously approved
racing program, those races shall be considered a separate
racing day for the purpose of determining the daily handle
and computing the privilege or pari-mutuel tax on that
daily handle as provided in Sections 27 and 27.1. Such
agreements shall be approved by the Board before such
wagering may be conducted. In determining whether to grant
approval, the Board shall give due consideration to the
best interests of the public and of horse racing. The
provisions of paragraphs (1), (8), (8.1), and (8.2) of
subsection (h) of this Section which are not specified in
this paragraph (13) shall not apply to licensed race
meetings conducted by the Department of Agriculture at the
Illinois State Fair in Sangamon County or the DuQuoin State
Fair in Perry County, or to any wagering conducted on those
race meetings.
(i) Notwithstanding the other provisions of this Act, the
conduct of wagering at wagering facilities is authorized on all
days, except as limited by subsection (b) of Section 19 of this
Act.
(Source: P.A. 97-1060, eff. 8-24-12; 98-18, eff. 6-7-13;
98-624, eff. 1-29-14; 98-968, eff. 8-15-14.)

09900HB2663ham001 - 57 - LRB099 09048 AMC 39164 a
(230 ILCS 5/26.4) (from Ch. 8, par. 37-26.4)
Sec. 26.4. In addition to the amount retained pursuant to
paragraph (10) of subsection (h) of Section 26, inter-track
wagering location licensees shall retain an additional amount
equal to 2.5% of each winning wager and winnings from wagers,
from which they shall pay the tax specified in paragraph (10.1)
of subsection (h) of Section 26.
With respect to wagers on all races associated with a
simulcast program from a host track, each inter-track wagering
location licensee that conducts wagers on these races may
impose a surcharge of up to .5% on each winning wager and
winnings from each such wager during the period of July 1,
1995, to December 31, 1995; provided amounts derived from this
surcharge, if imposed, shall not be paid to or allocated to
purses.
(Source: P.A. 89-16, eff. 5-30-95.)
Section 99. Effective date. This Act takes effect upon
becoming law.".