Bill Amendment: IL SB1382 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: GAMING-SIMULCAST AUTHORITY
Status: 2015-10-10 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB1382 Detail]
Download: Illinois-2015-SB1382-Senate_Amendment_001.html
Bill Title: GAMING-SIMULCAST AUTHORITY
Status: 2015-10-10 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB1382 Detail]
Download: Illinois-2015-SB1382-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 1382
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2 | AMENDMENT NO. ______. Amend Senate Bill 1382 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Horse Racing Act of 1975 is | ||||||
5 | amended by changing Section 26 as follows:
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6 | (230 ILCS 5/26) (from Ch. 8, par. 37-26)
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7 | Sec. 26. Wagering.
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8 | (a) Any licensee may conduct and supervise the pari-mutuel | ||||||
9 | system of
wagering, as defined in Section 3.12 of this Act, on | ||||||
10 | horse races conducted by
an Illinois organization
licensee or | ||||||
11 | conducted at a racetrack located in another state or country | ||||||
12 | and
televised in Illinois in accordance with subsection (g) of | ||||||
13 | Section 26 of this
Act. Subject to the prior consent of the | ||||||
14 | Board, licensees may supplement any
pari-mutuel pool in order | ||||||
15 | to guarantee a minimum distribution. Such
pari-mutuel method of | ||||||
16 | wagering shall not,
under any circumstances if conducted under |
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1 | the provisions of this Act,
be held or construed to be | ||||||
2 | unlawful, other statutes of this State to the
contrary | ||||||
3 | notwithstanding.
Subject to rules for advance wagering | ||||||
4 | promulgated by the Board, any
licensee
may accept wagers in | ||||||
5 | advance of the day of
the race wagered upon occurs.
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6 | (b) No other method of betting, pool making, wagering or
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7 | gambling shall be used or permitted by the licensee. Each | ||||||
8 | licensee
may retain, subject to the payment of all applicable
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9 | taxes and purses, an amount not to exceed 17% of all money | ||||||
10 | wagered
under subsection (a) of this Section, except as may | ||||||
11 | otherwise be permitted
under this Act.
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12 | (b-5) An individual may place a wager under the pari-mutuel | ||||||
13 | system from
any licensed location authorized under this Act | ||||||
14 | provided that wager is
electronically recorded in the manner | ||||||
15 | described in Section 3.12 of this Act.
Any wager made | ||||||
16 | electronically by an individual while physically on the | ||||||
17 | premises
of a licensee shall be deemed to have been made at the | ||||||
18 | premises of that
licensee.
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19 | (c) Until January 1, 2000, the sum held by any licensee for | ||||||
20 | payment of
outstanding pari-mutuel tickets, if unclaimed prior | ||||||
21 | to December 31 of the
next year, shall be retained by the | ||||||
22 | licensee for payment of
such tickets until that date. Within 10 | ||||||
23 | days thereafter, the balance of
such sum remaining unclaimed, | ||||||
24 | less any uncashed supplements contributed by such
licensee for | ||||||
25 | the purpose of guaranteeing minimum distributions
of any | ||||||
26 | pari-mutuel pool, shall be
paid to the
Illinois
Veterans'
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1 | Rehabilitation Fund of the State treasury, except as provided | ||||||
2 | in subsection
(g) of Section 27 of this Act.
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3 | (c-5) Beginning January 1, 2000, the sum held by any | ||||||
4 | licensee for payment
of
outstanding pari-mutuel tickets, if | ||||||
5 | unclaimed prior to December 31 of the
next year, shall be | ||||||
6 | retained by the licensee for payment of
such tickets until that | ||||||
7 | date. Within 10 days thereafter, the balance of
such sum | ||||||
8 | remaining unclaimed, less any uncashed supplements contributed | ||||||
9 | by such
licensee for the purpose of guaranteeing minimum | ||||||
10 | distributions
of any pari-mutuel pool, shall be evenly | ||||||
11 | distributed to the purse account of
the organization licensee | ||||||
12 | and the organization licensee.
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13 | (d) A pari-mutuel ticket shall be honored until December 31 | ||||||
14 | of the
next calendar year, and the licensee shall pay the same | ||||||
15 | and may
charge the amount thereof against unpaid money | ||||||
16 | similarly accumulated on account
of pari-mutuel tickets not | ||||||
17 | presented for payment.
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18 | (e) No licensee shall knowingly permit any minor, other
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19 | than an employee of such licensee or an owner, trainer,
jockey, | ||||||
20 | driver, or employee thereof, to be admitted during a racing
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21 | program unless accompanied by a parent or guardian, or any | ||||||
22 | minor to be a
patron of the pari-mutuel system of wagering | ||||||
23 | conducted or
supervised by it. The admission of any | ||||||
24 | unaccompanied minor, other than
an employee of the licensee or | ||||||
25 | an owner, trainer, jockey,
driver, or employee thereof at a | ||||||
26 | race track is a Class C
misdemeanor.
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1 | (f) Notwithstanding the other provisions of this Act, an
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2 | organization licensee may contract
with an entity in another | ||||||
3 | state or country to permit any legal
wagering entity in another | ||||||
4 | state or country to accept wagers solely within
such other | ||||||
5 | state or country on races conducted by the organization | ||||||
6 | licensee
in this State.
Beginning January 1, 2000, these wagers
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7 | shall not be subject to State
taxation. Until January 1, 2000,
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8 | when the out-of-State entity conducts a pari-mutuel pool
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9 | separate from the organization licensee, a privilege tax equal | ||||||
10 | to 7 1/2% of
all monies received by the organization licensee | ||||||
11 | from entities in other states
or countries pursuant to such | ||||||
12 | contracts is imposed on the organization
licensee, and such | ||||||
13 | privilege tax shall be remitted to the
Department of Revenue
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14 | within 48 hours of receipt of the moneys from the simulcast. | ||||||
15 | When the
out-of-State entity conducts a
combined pari-mutuel | ||||||
16 | pool with the organization licensee, the tax shall be 10%
of | ||||||
17 | all monies received by the organization licensee with 25% of | ||||||
18 | the
receipts from this 10% tax to be distributed to the county
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19 | in which the race was conducted.
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20 | An organization licensee may permit one or more of its | ||||||
21 | races to be
utilized for
pari-mutuel wagering at one or more | ||||||
22 | locations in other states and may
transmit audio and visual | ||||||
23 | signals of races the organization licensee
conducts to one or
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24 | more locations outside the State or country and may also permit | ||||||
25 | pari-mutuel
pools in other states or countries to be combined | ||||||
26 | with its gross or net
wagering pools or with wagering pools |
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1 | established by other states.
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2 | (g) A host track may accept interstate simulcast wagers on
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3 | horse
races conducted in other states or countries and shall | ||||||
4 | control the
number of signals and types of breeds of racing in | ||||||
5 | its simulcast program,
subject to the disapproval of the Board. | ||||||
6 | The Board may prohibit a simulcast
program only if it finds | ||||||
7 | that the simulcast program is clearly
adverse to the integrity | ||||||
8 | of racing. The host track
simulcast program shall
include the | ||||||
9 | signal of live racing of all organization licensees.
All | ||||||
10 | non-host licensees and advance deposit wagering licensees | ||||||
11 | shall carry the signal of and accept wagers on live racing of | ||||||
12 | all organization licensees. Advance deposit wagering licensees | ||||||
13 | shall not be permitted to accept out-of-state wagers on any | ||||||
14 | Illinois signal provided pursuant to this Section without the | ||||||
15 | approval and consent of the organization licensee providing the | ||||||
16 | signal. For one year after the effective date of this | ||||||
17 | amendatory Act of the 99th General Assembly this amendatory Act | ||||||
18 | of the 98th General Assembly , non-host licensees may carry the | ||||||
19 | host track simulcast program and
shall accept wagers on all | ||||||
20 | races included as part of the simulcast
program of horse races | ||||||
21 | conducted at race tracks located within North America upon | ||||||
22 | which wagering is permitted. For a period of one year after the | ||||||
23 | effective date of this amendatory Act of the 99th General | ||||||
24 | Assembly this amendatory Act of the 98th General Assembly , on | ||||||
25 | horse races conducted at race tracks located outside of North | ||||||
26 | America, non-host licensees may accept wagers on all races |
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1 | included as part of the simulcast program upon which wagering | ||||||
2 | is permitted. Beginning one year after the effective date of | ||||||
3 | this amendatory Act of the 99th General Assembly this | ||||||
4 | amendatory Act of the 98th General Assembly , non-host licensees | ||||||
5 | may carry the host track simulcast program and shall accept | ||||||
6 | wagers on all races included as part of the simulcast program | ||||||
7 | upon which wagering is permitted.
All organization licensees | ||||||
8 | shall provide their live signal to all advance deposit wagering | ||||||
9 | licensees for a simulcast commission fee not to exceed 6% of | ||||||
10 | the advance deposit wagering licensee's Illinois handle on the | ||||||
11 | organization licensee's signal without prior approval by the | ||||||
12 | Board. The Board may adopt rules under which it may permit | ||||||
13 | simulcast commission fees in excess of 6%. The Board shall | ||||||
14 | adopt rules limiting the interstate commission fees charged to | ||||||
15 | an advance deposit wagering licensee. The Board shall adopt | ||||||
16 | rules regarding advance deposit wagering on interstate | ||||||
17 | simulcast races that shall reflect, among other things, the | ||||||
18 | General Assembly's desire to maximize revenues to the State, | ||||||
19 | horsemen purses, and organizational licensees. However, | ||||||
20 | organization licensees providing live signals pursuant to the | ||||||
21 | requirements of this subsection (g) may petition the Board to | ||||||
22 | withhold their live signals from an advance deposit wagering | ||||||
23 | licensee if the organization licensee discovers and the Board | ||||||
24 | finds reputable or credible information that the advance | ||||||
25 | deposit wagering licensee is under investigation by another | ||||||
26 | state or federal governmental agency, the advance deposit |
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1 | wagering licensee's license has been suspended in another | ||||||
2 | state, or the advance deposit wagering licensee's license is in | ||||||
3 | revocation proceedings in another state. The organization | ||||||
4 | licensee's provision of their live signal to an advance deposit | ||||||
5 | wagering licensee under this subsection (g) pertains to wagers | ||||||
6 | placed from within Illinois. Advance deposit wagering | ||||||
7 | licensees may place advance deposit wagering terminals at | ||||||
8 | wagering facilities as a convenience to customers. The advance | ||||||
9 | deposit wagering licensee shall not charge or collect any fee | ||||||
10 | from purses for the placement of the advance deposit wagering | ||||||
11 | terminals. The costs and expenses
of the host track and | ||||||
12 | non-host licensees associated
with interstate simulcast
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13 | wagering, other than the interstate
commission fee, shall be | ||||||
14 | borne by the host track and all
non-host licensees
incurring | ||||||
15 | these costs.
The interstate commission fee shall not exceed 5% | ||||||
16 | of Illinois handle on the
interstate simulcast race or races | ||||||
17 | without prior approval of the Board. The
Board shall promulgate | ||||||
18 | rules under which it may permit
interstate commission
fees in | ||||||
19 | excess of 5%. The interstate commission
fee and other fees | ||||||
20 | charged by the sending racetrack, including, but not
limited | ||||||
21 | to, satellite decoder fees, shall be uniformly applied
to the | ||||||
22 | host track and all non-host licensees.
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23 | Notwithstanding any other provision of this Act, until | ||||||
24 | February 1, 2017, an organization licensee, with the consent of | ||||||
25 | the horsemen association representing the largest number of | ||||||
26 | owners, trainers, jockeys, or standardbred drivers who race |
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1 | horses at that organization licensee's racing meeting, may | ||||||
2 | maintain a system whereby advance deposit wagering may take | ||||||
3 | place or an organization licensee, with the consent of the | ||||||
4 | horsemen association representing the largest number of | ||||||
5 | owners, trainers, jockeys, or standardbred drivers who race | ||||||
6 | horses at that organization licensee's racing meeting, may | ||||||
7 | contract with another person to carry out a system of advance | ||||||
8 | deposit wagering. Such consent may not be unreasonably | ||||||
9 | withheld. Only with respect to an appeal to the Board that | ||||||
10 | consent for an organization licensee that maintains its own | ||||||
11 | advance deposit wagering system is being unreasonably | ||||||
12 | withheld, the Board shall issue a final order within 30 days | ||||||
13 | after initiation of the appeal, and the organization licensee's | ||||||
14 | advance deposit wagering system may remain operational during | ||||||
15 | that 30-day period. The actions of any organization licensee | ||||||
16 | who conducts advance deposit wagering or any person who has a | ||||||
17 | contract with an organization licensee to conduct advance | ||||||
18 | deposit wagering who conducts advance deposit wagering on or | ||||||
19 | after January 1, 2013 and prior to the effective date of this | ||||||
20 | amendatory Act of the 98th General Assembly taken in reliance | ||||||
21 | on the changes made to this subsection (g) by this amendatory | ||||||
22 | Act of the 98th General Assembly are hereby validated, provided | ||||||
23 | payment of all applicable pari-mutuel taxes are remitted to the | ||||||
24 | Board. All advance deposit wagers placed from within Illinois | ||||||
25 | must be placed through a Board-approved advance deposit | ||||||
26 | wagering licensee; no other entity may accept an advance |
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1 | deposit wager from a person within Illinois. All advance | ||||||
2 | deposit wagering is subject to any rules adopted by the Board. | ||||||
3 | The Board may adopt rules necessary to regulate advance deposit | ||||||
4 | wagering through the use of emergency rulemaking in accordance | ||||||
5 | with Section 5-45 of the Illinois Administrative Procedure Act. | ||||||
6 | The General Assembly finds that the adoption of rules to | ||||||
7 | regulate advance deposit wagering is deemed an emergency and | ||||||
8 | necessary for the public interest, safety, and welfare. An | ||||||
9 | advance deposit wagering licensee may retain all moneys as | ||||||
10 | agreed to by contract with an organization licensee. Any moneys | ||||||
11 | retained by the organization licensee from advance deposit | ||||||
12 | wagering, not including moneys retained by the advance deposit | ||||||
13 | wagering licensee, shall be paid 50% to the organization | ||||||
14 | licensee's purse account and 50% to the organization licensee. | ||||||
15 | With the exception of any organization licensee that is owned | ||||||
16 | by a publicly traded company that is incorporated in a state | ||||||
17 | other than Illinois and advance deposit wagering licensees | ||||||
18 | under contract with such organization licensees, organization | ||||||
19 | licensees that maintain advance deposit wagering systems and | ||||||
20 | advance deposit wagering licensees that contract with | ||||||
21 | organization licensees shall provide sufficiently detailed | ||||||
22 | monthly accountings to the horsemen association representing | ||||||
23 | the largest number of owners, trainers, jockeys, or | ||||||
24 | standardbred drivers who race horses at that organization | ||||||
25 | licensee's racing meeting so that the horsemen association, as | ||||||
26 | an interested party, can confirm the accuracy of the amounts |
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1 | paid to the purse account at the horsemen association's | ||||||
2 | affiliated organization licensee from advance deposit | ||||||
3 | wagering. If more than one breed races at the same race track | ||||||
4 | facility, then the 50% of the moneys to be paid to an | ||||||
5 | organization licensee's purse account shall be allocated among | ||||||
6 | all organization licensees' purse accounts operating at that | ||||||
7 | race track facility proportionately based on the actual number | ||||||
8 | of host days that the Board grants to that breed at that race | ||||||
9 | track facility in the current calendar year. To the extent any | ||||||
10 | fees from advance deposit wagering conducted in Illinois for | ||||||
11 | wagers in Illinois or other states have been placed in escrow | ||||||
12 | or otherwise withheld from wagers pending a determination of | ||||||
13 | the legality of advance deposit wagering, no action shall be | ||||||
14 | brought to declare such wagers or the disbursement of any fees | ||||||
15 | previously escrowed illegal. | ||||||
16 | (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
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17 | intertrack wagering
licensee other than the host track may | ||||||
18 | supplement the host track simulcast
program with | ||||||
19 | additional simulcast races or race programs, provided that | ||||||
20 | between
January 1 and the third Friday in February of any | ||||||
21 | year, inclusive, if no live
thoroughbred racing is | ||||||
22 | occurring in Illinois during this period, only
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23 | thoroughbred races may be used
for supplemental interstate | ||||||
24 | simulcast purposes. The Board shall withhold
approval for a | ||||||
25 | supplemental interstate simulcast only if it finds that the
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26 | simulcast is clearly adverse to the integrity of racing. A |
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1 | supplemental
interstate simulcast may be transmitted from | ||||||
2 | an intertrack wagering licensee to
its affiliated non-host | ||||||
3 | licensees. The interstate commission fee for a
| ||||||
4 | supplemental interstate simulcast shall be paid by the | ||||||
5 | non-host licensee and
its affiliated non-host licensees | ||||||
6 | receiving the simulcast.
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7 | (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
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8 | intertrack wagering
licensee other than the host track may | ||||||
9 | receive supplemental interstate
simulcasts only with the | ||||||
10 | consent of the host track, except when the Board
finds that | ||||||
11 | the simulcast is
clearly adverse to the integrity of | ||||||
12 | racing. Consent granted under this
paragraph (2) to any | ||||||
13 | intertrack wagering licensee shall be deemed consent to
all | ||||||
14 | non-host licensees. The interstate commission fee for the | ||||||
15 | supplemental
interstate simulcast shall be paid
by all | ||||||
16 | participating non-host licensees.
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17 | (3) Each licensee conducting interstate simulcast | ||||||
18 | wagering may retain,
subject to the payment of all | ||||||
19 | applicable taxes and the purses, an amount not to
exceed | ||||||
20 | 17% of all money wagered. If any licensee conducts the | ||||||
21 | pari-mutuel
system wagering on races conducted at | ||||||
22 | racetracks in another state or country,
each such race or | ||||||
23 | race program shall be considered a separate racing day for
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24 | the purpose of determining the daily handle and computing | ||||||
25 | the privilege tax of
that daily handle as provided in | ||||||
26 | subsection (a) of Section 27.
Until January 1, 2000,
from |
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1 | the sums permitted to be retained pursuant to this | ||||||
2 | subsection, each
intertrack wagering location licensee | ||||||
3 | shall pay 1% of the pari-mutuel handle
wagered on simulcast | ||||||
4 | wagering to the Horse Racing Tax Allocation Fund, subject
| ||||||
5 | to the provisions of subparagraph (B) of paragraph (11) of | ||||||
6 | subsection (h) of
Section 26 of this Act.
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7 | (4) A licensee who receives an interstate simulcast may | ||||||
8 | combine its gross
or net pools with pools at the sending | ||||||
9 | racetracks pursuant to rules established
by the Board. All | ||||||
10 | licensees combining their gross pools
at a
sending | ||||||
11 | racetrack shall adopt the take-out percentages of the | ||||||
12 | sending
racetrack.
A licensee may also establish a separate | ||||||
13 | pool and takeout structure for
wagering purposes on races | ||||||
14 | conducted at race tracks outside of the
State of Illinois. | ||||||
15 | The licensee may permit pari-mutuel wagers placed in other
| ||||||
16 | states or
countries to be combined with its gross or net | ||||||
17 | wagering pools or other
wagering pools.
| ||||||
18 | (5) After the payment of the interstate commission fee | ||||||
19 | (except for the
interstate commission
fee on a supplemental | ||||||
20 | interstate simulcast, which shall be paid by the host
track | ||||||
21 | and by each non-host licensee through the host-track) and | ||||||
22 | all applicable
State and local
taxes, except as provided in | ||||||
23 | subsection (g) of Section 27 of this Act, the
remainder of | ||||||
24 | moneys retained from simulcast wagering pursuant to this
| ||||||
25 | subsection (g), and Section 26.2 shall be divided as | ||||||
26 | follows:
|
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| |||||||
1 | (A) For interstate simulcast wagers made at a host | ||||||
2 | track, 50% to the
host
track and 50% to purses at the | ||||||
3 | host track.
| ||||||
4 | (B) For wagers placed on interstate simulcast | ||||||
5 | races, supplemental
simulcasts as defined in | ||||||
6 | subparagraphs (1) and (2), and separately pooled races
| ||||||
7 | conducted outside of the State of Illinois made at a | ||||||
8 | non-host
licensee, 25% to the host
track, 25% to the | ||||||
9 | non-host licensee, and 50% to the purses at the host | ||||||
10 | track.
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11 | (6) Notwithstanding any provision in this Act to the | ||||||
12 | contrary, non-host
licensees
who derive their licenses | ||||||
13 | from a track located in a county with a population in
| ||||||
14 | excess of 230,000 and that borders the Mississippi River | ||||||
15 | may receive
supplemental interstate simulcast races at all | ||||||
16 | times subject to Board approval,
which shall be withheld | ||||||
17 | only upon a finding that a supplemental interstate
| ||||||
18 | simulcast is clearly adverse to the integrity of racing.
| ||||||
19 | (7) Notwithstanding any provision of this Act to the | ||||||
20 | contrary, after
payment of all applicable State and local | ||||||
21 | taxes and interstate commission fees,
non-host licensees | ||||||
22 | who derive their licenses from a track located in a county
| ||||||
23 | with a population in excess of 230,000 and that borders the | ||||||
24 | Mississippi River
shall retain 50% of the retention from | ||||||
25 | interstate simulcast wagers and shall
pay 50% to purses at | ||||||
26 | the track from which the non-host licensee derives its
|
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1 | license as follows:
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2 | (A) Between January 1 and the third Friday in | ||||||
3 | February, inclusive, if no
live thoroughbred racing is | ||||||
4 | occurring in Illinois during this period, when the
| ||||||
5 | interstate simulcast is a standardbred race, the purse | ||||||
6 | share to its
standardbred purse account;
| ||||||
7 | (B) Between January 1 and the third Friday in | ||||||
8 | February, inclusive, if no
live thoroughbred racing is | ||||||
9 | occurring in Illinois during this period, and the
| ||||||
10 | interstate simulcast is a thoroughbred race, the purse | ||||||
11 | share to its interstate
simulcast purse pool to be | ||||||
12 | distributed under paragraph (10) of this subsection
| ||||||
13 | (g);
| ||||||
14 | (C) Between January 1 and the third Friday in | ||||||
15 | February, inclusive, if
live thoroughbred racing is | ||||||
16 | occurring in Illinois, between 6:30 a.m. and 6:30
p.m. | ||||||
17 | the purse share from wagers made during this time | ||||||
18 | period to its
thoroughbred purse account and between | ||||||
19 | 6:30 p.m. and 6:30 a.m. the purse share
from wagers | ||||||
20 | made during this time period to its standardbred purse | ||||||
21 | accounts;
| ||||||
22 | (D) Between the third Saturday in February and | ||||||
23 | December 31, when the
interstate simulcast occurs | ||||||
24 | between the hours of 6:30 a.m. and 6:30 p.m., the
purse | ||||||
25 | share to its thoroughbred purse account;
| ||||||
26 | (E) Between the third Saturday in February and |
| |||||||
| |||||||
1 | December 31, when the
interstate simulcast occurs | ||||||
2 | between the hours of 6:30 p.m. and 6:30 a.m., the
purse | ||||||
3 | share to its standardbred purse account.
| ||||||
4 | (7.1) Notwithstanding any other provision of this Act | ||||||
5 | to the contrary,
if
no
standardbred racing is conducted at | ||||||
6 | a racetrack located in Madison County
during any
calendar | ||||||
7 | year beginning on or after January 1, 2002, all
moneys | ||||||
8 | derived by
that racetrack from simulcast wagering and | ||||||
9 | inter-track wagering that (1) are to
be used
for purses and | ||||||
10 | (2) are generated between the hours of 6:30 p.m. and 6:30 | ||||||
11 | a.m.
during that
calendar year shall
be paid as follows:
| ||||||
12 | (A) If the licensee that conducts horse racing at | ||||||
13 | that racetrack
requests from the Board at least as many | ||||||
14 | racing dates as were conducted in
calendar year 2000, | ||||||
15 | 80% shall be paid to its thoroughbred purse account; | ||||||
16 | and
| ||||||
17 | (B) Twenty percent shall be deposited into the | ||||||
18 | Illinois Colt Stakes
Purse
Distribution
Fund and shall | ||||||
19 | be paid to purses for standardbred races for Illinois | ||||||
20 | conceived
and foaled horses conducted at any county | ||||||
21 | fairgrounds.
The moneys deposited into the Fund | ||||||
22 | pursuant to this subparagraph (B) shall be
deposited
| ||||||
23 | within 2
weeks after the day they were generated, shall | ||||||
24 | be in addition to and not in
lieu of any other
moneys | ||||||
25 | paid to standardbred purses under this Act, and shall | ||||||
26 | not be commingled
with other moneys paid into that |
| |||||||
| |||||||
1 | Fund. The moneys deposited
pursuant to this | ||||||
2 | subparagraph (B) shall be allocated as provided by the
| ||||||
3 | Department of Agriculture, with the advice and | ||||||
4 | assistance of the Illinois
Standardbred
Breeders Fund | ||||||
5 | Advisory Board.
| ||||||
6 | (7.2) Notwithstanding any other provision of this Act | ||||||
7 | to the contrary, if
no
thoroughbred racing is conducted at | ||||||
8 | a racetrack located in Madison County
during any
calendar | ||||||
9 | year beginning on or after January 1,
2002, all
moneys | ||||||
10 | derived by
that racetrack from simulcast wagering and | ||||||
11 | inter-track wagering that (1) are to
be used
for purses and | ||||||
12 | (2) are generated between the hours of 6:30 a.m. and 6:30 | ||||||
13 | p.m.
during that
calendar year shall
be deposited as | ||||||
14 | follows:
| ||||||
15 | (A) If the licensee that conducts horse racing at | ||||||
16 | that racetrack
requests from the
Board at least
as many | ||||||
17 | racing dates as were conducted in calendar year 2000, | ||||||
18 | 80%
shall be deposited into its standardbred purse
| ||||||
19 | account; and
| ||||||
20 | (B) Twenty percent shall be deposited into the | ||||||
21 | Illinois Colt Stakes
Purse
Distribution Fund. Moneys | ||||||
22 | deposited into the Illinois Colt Stakes Purse
| ||||||
23 | Distribution Fund
pursuant to this subparagraph (B) | ||||||
24 | shall be paid to Illinois
conceived and foaled | ||||||
25 | thoroughbred breeders' programs
and to thoroughbred | ||||||
26 | purses for races conducted at any county fairgrounds |
| |||||||
| |||||||
1 | for
Illinois conceived
and foaled horses at the | ||||||
2 | discretion of the
Department of Agriculture, with the | ||||||
3 | advice and assistance of
the Illinois Thoroughbred | ||||||
4 | Breeders Fund Advisory
Board. The moneys deposited | ||||||
5 | into the Illinois Colt Stakes Purse Distribution
Fund
| ||||||
6 | pursuant to this subparagraph (B) shall be deposited | ||||||
7 | within 2 weeks
after the day they were generated, shall | ||||||
8 | be in addition to and not in
lieu of any other moneys | ||||||
9 | paid to thoroughbred purses
under this Act, and shall | ||||||
10 | not be commingled with other moneys deposited into
that | ||||||
11 | Fund.
| ||||||
12 | (7.3) If no live standardbred racing is conducted at a | ||||||
13 | racetrack located
in
Madison
County in calendar year 2000 | ||||||
14 | or 2001,
an organization licensee who is licensed
to | ||||||
15 | conduct horse racing at that racetrack shall, before | ||||||
16 | January 1, 2002, pay
all
moneys derived from simulcast | ||||||
17 | wagering and inter-track wagering in calendar
years 2000 | ||||||
18 | and 2001 and
paid into the licensee's standardbred purse | ||||||
19 | account as follows:
| ||||||
20 | (A) Eighty percent to that licensee's thoroughbred | ||||||
21 | purse account to
be used for thoroughbred purses; and
| ||||||
22 | (B) Twenty percent to the Illinois Colt Stakes | ||||||
23 | Purse Distribution
Fund.
| ||||||
24 | Failure to make the payment to the Illinois Colt Stakes | ||||||
25 | Purse Distribution
Fund before January 1, 2002
shall
result | ||||||
26 | in the immediate revocation of the licensee's organization
|
| |||||||
| |||||||
1 | license, inter-track wagering license, and inter-track | ||||||
2 | wagering location
license.
| ||||||
3 | Moneys paid into the Illinois
Colt Stakes Purse | ||||||
4 | Distribution Fund pursuant to this
paragraph (7.3) shall be | ||||||
5 | paid to purses for standardbred
races for Illinois | ||||||
6 | conceived and foaled horses conducted
at any county
| ||||||
7 | fairgrounds.
Moneys paid into the Illinois
Colt Stakes | ||||||
8 | Purse Distribution Fund pursuant to this
paragraph (7.3) | ||||||
9 | shall be used as determined by the
Department of | ||||||
10 | Agriculture, with the advice and assistance of the
Illinois | ||||||
11 | Standardbred Breeders Fund Advisory Board, shall be in | ||||||
12 | addition to
and not in lieu of any other moneys paid to | ||||||
13 | standardbred purses under this Act,
and shall not be | ||||||
14 | commingled
with any other moneys paid into that Fund.
| ||||||
15 | (7.4) If live standardbred racing is conducted at a | ||||||
16 | racetrack located in
Madison
County at any time in calendar | ||||||
17 | year 2001 before the payment required
under
paragraph (7.3) | ||||||
18 | has been made, the organization licensee who is licensed to
| ||||||
19 | conduct
racing at that racetrack shall pay all moneys | ||||||
20 | derived by that racetrack from
simulcast
wagering and | ||||||
21 | inter-track wagering during calendar years 2000 and 2001 | ||||||
22 | that (1)
are to be
used for purses and (2) are generated | ||||||
23 | between the hours of 6:30 p.m. and 6:30
a.m.
during 2000 or | ||||||
24 | 2001 to the standardbred purse account at that
racetrack to
| ||||||
25 | be used for standardbred purses.
| ||||||
26 | (8) Notwithstanding any provision in this Act to the |
| |||||||
| |||||||
1 | contrary, an
organization licensee from a track located in | ||||||
2 | a county with a population in
excess of 230,000 and that | ||||||
3 | borders the Mississippi River and its affiliated
non-host | ||||||
4 | licensees shall not be entitled to share in any retention | ||||||
5 | generated on
racing, inter-track wagering, or simulcast | ||||||
6 | wagering at any other Illinois
wagering facility.
| ||||||
7 | (8.1) Notwithstanding any provisions in this Act to the | ||||||
8 | contrary, if 2
organization licensees
are conducting | ||||||
9 | standardbred race meetings concurrently
between the hours | ||||||
10 | of 6:30 p.m. and 6:30 a.m., after payment of all applicable
| ||||||
11 | State and local taxes and interstate commission fees, the | ||||||
12 | remainder of the
amount retained from simulcast wagering | ||||||
13 | otherwise attributable to the host
track and to host track | ||||||
14 | purses shall be split daily between the 2
organization | ||||||
15 | licensees and the purses at the tracks of the 2 | ||||||
16 | organization
licensees, respectively, based on each | ||||||
17 | organization licensee's share
of the total live handle for | ||||||
18 | that day,
provided that this provision shall not apply to | ||||||
19 | any non-host licensee that
derives its license from a track | ||||||
20 | located in a county with a population in
excess of 230,000 | ||||||
21 | and that borders the Mississippi River.
| ||||||
22 | (9) (Blank).
| ||||||
23 | (10) (Blank).
| ||||||
24 | (11) (Blank).
| ||||||
25 | (12) The Board shall have authority to compel all host | ||||||
26 | tracks to receive
the simulcast of any or all races |
| |||||||
| |||||||
1 | conducted at the Springfield or DuQuoin State
fairgrounds | ||||||
2 | and include all such races as part of their simulcast | ||||||
3 | programs.
| ||||||
4 | (13) Notwithstanding any other provision of this Act, | ||||||
5 | in the event that
the total Illinois pari-mutuel handle on | ||||||
6 | Illinois horse races at all wagering
facilities in any | ||||||
7 | calendar year is less than 75% of the total Illinois
| ||||||
8 | pari-mutuel handle on Illinois horse races at all such | ||||||
9 | wagering facilities for
calendar year 1994, then each | ||||||
10 | wagering facility that has an annual total
Illinois | ||||||
11 | pari-mutuel handle on Illinois horse races that is less | ||||||
12 | than 75% of
the total Illinois pari-mutuel handle on | ||||||
13 | Illinois horse races at such wagering
facility for calendar | ||||||
14 | year 1994, shall be permitted to receive, from any amount
| ||||||
15 | otherwise
payable to the purse account at the race track | ||||||
16 | with which the wagering facility
is affiliated in the | ||||||
17 | succeeding calendar year, an amount equal to 2% of the
| ||||||
18 | differential in total Illinois pari-mutuel handle on | ||||||
19 | Illinois horse
races at the wagering facility between that | ||||||
20 | calendar year in question and 1994
provided, however, that | ||||||
21 | a
wagering facility shall not be entitled to any such | ||||||
22 | payment until the Board
certifies in writing to the | ||||||
23 | wagering facility the amount to which the wagering
facility | ||||||
24 | is entitled
and a schedule for payment of the amount to the | ||||||
25 | wagering facility, based on:
(i) the racing dates awarded | ||||||
26 | to the race track affiliated with the wagering
facility |
| |||||||
| |||||||
1 | during the succeeding year; (ii) the sums available or | ||||||
2 | anticipated to
be available in the purse account of the | ||||||
3 | race track affiliated with the
wagering facility for purses | ||||||
4 | during the succeeding year; and (iii) the need to
ensure | ||||||
5 | reasonable purse levels during the payment period.
The | ||||||
6 | Board's certification
shall be provided no later than | ||||||
7 | January 31 of the succeeding year.
In the event a wagering | ||||||
8 | facility entitled to a payment under this paragraph
(13) is | ||||||
9 | affiliated with a race track that maintains purse accounts | ||||||
10 | for both
standardbred and thoroughbred racing, the amount | ||||||
11 | to be paid to the wagering
facility shall be divided | ||||||
12 | between each purse account pro rata, based on the
amount of | ||||||
13 | Illinois handle on Illinois standardbred and thoroughbred | ||||||
14 | racing
respectively at the wagering facility during the | ||||||
15 | previous calendar year.
Annually, the General Assembly | ||||||
16 | shall appropriate sufficient funds from the
General | ||||||
17 | Revenue Fund to the Department of Agriculture for payment | ||||||
18 | into the
thoroughbred and standardbred horse racing purse | ||||||
19 | accounts at
Illinois pari-mutuel tracks. The amount paid to | ||||||
20 | each purse account shall be
the amount certified by the | ||||||
21 | Illinois Racing Board in January to be
transferred from | ||||||
22 | each account to each eligible racing facility in
accordance | ||||||
23 | with the provisions of this Section.
| ||||||
24 | (h) The Board may approve and license the conduct of | ||||||
25 | inter-track wagering
and simulcast wagering by inter-track | ||||||
26 | wagering licensees and inter-track
wagering location licensees |
| |||||||
| |||||||
1 | subject to the following terms and conditions:
| ||||||
2 | (1) Any person licensed to conduct a race meeting (i) | ||||||
3 | at a track where
60 or more days of racing were conducted | ||||||
4 | during the immediately preceding
calendar year or where | ||||||
5 | over the 5 immediately preceding calendar years an
average | ||||||
6 | of 30 or more days of racing were conducted annually may be | ||||||
7 | issued an
inter-track wagering license; (ii) at a track
| ||||||
8 | located in a county that is bounded by the Mississippi | ||||||
9 | River, which has a
population of less than 150,000 | ||||||
10 | according to the 1990 decennial census, and an
average of | ||||||
11 | at least 60 days of racing per year between 1985 and 1993 | ||||||
12 | may be
issued an inter-track wagering license; or (iii) at | ||||||
13 | a track
located in Madison
County that conducted at least | ||||||
14 | 100 days of live racing during the immediately
preceding
| ||||||
15 | calendar year may be issued an inter-track wagering | ||||||
16 | license, unless a lesser
schedule of
live racing is the | ||||||
17 | result of (A) weather, unsafe track conditions, or other
| ||||||
18 | acts of God; (B)
an agreement between the organization | ||||||
19 | licensee and the associations
representing the
largest | ||||||
20 | number of owners, trainers, jockeys, or standardbred | ||||||
21 | drivers who race
horses at
that organization licensee's | ||||||
22 | racing meeting; or (C) a finding by the Board of
| ||||||
23 | extraordinary circumstances and that it was in the best | ||||||
24 | interest of the public
and the sport to conduct fewer than | ||||||
25 | 100 days of live racing. Any such person
having operating | ||||||
26 | control of the racing facility may also receive up to 6
|
| |||||||
| |||||||
1 | inter-track wagering
location licenses. In no event shall | ||||||
2 | more than 6 inter-track wagering
locations be established | ||||||
3 | for each eligible race track, except that an
eligible race | ||||||
4 | track located in a county that has a population of more | ||||||
5 | than
230,000 and that is bounded by the Mississippi River | ||||||
6 | may establish up to 7
inter-track wagering locations and an | ||||||
7 | eligible race track located in Cook County may establish up | ||||||
8 | to 8 inter-track wagering locations.
An application for
| ||||||
9 | said license shall be filed with the Board prior to such | ||||||
10 | dates as may be
fixed by the Board. With an application for | ||||||
11 | an inter-track
wagering
location license there shall be | ||||||
12 | delivered to the Board a certified check or
bank draft | ||||||
13 | payable to the order of the Board for an amount equal to | ||||||
14 | $500.
The application shall be on forms prescribed and | ||||||
15 | furnished by the Board. The
application shall comply with | ||||||
16 | all other rules,
regulations and conditions imposed by the | ||||||
17 | Board in connection therewith.
| ||||||
18 | (2) The Board shall examine the applications with | ||||||
19 | respect to their
conformity with this Act and the rules and | ||||||
20 | regulations imposed by the
Board. If found to be in | ||||||
21 | compliance with the Act and rules and regulations
of the | ||||||
22 | Board, the Board may then issue a license to conduct | ||||||
23 | inter-track
wagering and simulcast wagering to such | ||||||
24 | applicant. All such applications
shall be acted upon by the | ||||||
25 | Board at a meeting to be held on such date as may be
fixed | ||||||
26 | by the Board.
|
| |||||||
| |||||||
1 | (3) In granting licenses to conduct inter-track | ||||||
2 | wagering and simulcast
wagering, the Board shall give due | ||||||
3 | consideration to
the best interests of the
public, of horse | ||||||
4 | racing, and of maximizing revenue to the State.
| ||||||
5 | (4) Prior to the issuance of a license to conduct | ||||||
6 | inter-track wagering
and simulcast wagering,
the applicant | ||||||
7 | shall file with the Board a bond payable to the State of | ||||||
8 | Illinois
in the sum of $50,000, executed by the applicant | ||||||
9 | and a surety company or
companies authorized to do business | ||||||
10 | in this State, and conditioned upon
(i) the payment by the | ||||||
11 | licensee of all taxes due under Section 27 or 27.1
and any | ||||||
12 | other monies due and payable under this Act, and (ii)
| ||||||
13 | distribution by the licensee, upon presentation of the | ||||||
14 | winning ticket or
tickets, of all sums payable to the | ||||||
15 | patrons of pari-mutuel pools.
| ||||||
16 | (5) Each license to conduct inter-track wagering and | ||||||
17 | simulcast
wagering shall specify the person
to whom it is | ||||||
18 | issued, the dates on which such wagering is permitted, and
| ||||||
19 | the track or location where the wagering is to be | ||||||
20 | conducted.
| ||||||
21 | (6) All wagering under such license is subject to this | ||||||
22 | Act and to the
rules and regulations from time to time | ||||||
23 | prescribed by the Board, and every
such license issued by | ||||||
24 | the Board shall contain a recital to that effect.
| ||||||
25 | (7) An inter-track wagering licensee or inter-track | ||||||
26 | wagering location
licensee may accept wagers at the track |
| |||||||
| |||||||
1 | or location
where it is licensed, or as otherwise provided | ||||||
2 | under this Act.
| ||||||
3 | (8) Inter-track wagering or simulcast wagering shall | ||||||
4 | not be
conducted
at any track less than 5 miles from a | ||||||
5 | track at which a racing meeting is in
progress.
| ||||||
6 | (8.1) Inter-track wagering location
licensees who | ||||||
7 | derive their licenses from a particular organization | ||||||
8 | licensee
shall conduct inter-track wagering and simulcast | ||||||
9 | wagering only at locations that
are within 140 miles of | ||||||
10 | that race track
where
the particular organization licensee | ||||||
11 | is licensed to conduct racing. However, inter-track | ||||||
12 | wagering and simulcast wagering
shall not
be conducted by | ||||||
13 | those licensees at any location within 5 miles of any race
| ||||||
14 | track at which a
horse race meeting has been licensed in | ||||||
15 | the current year, unless the person
having operating | ||||||
16 | control of such race track has given its written consent
to | ||||||
17 | such inter-track wagering location licensees,
which | ||||||
18 | consent
must be filed with the Board at or prior to the | ||||||
19 | time application is made. In the case of any inter-track | ||||||
20 | wagering location licensee initially licensed after | ||||||
21 | December 31, 2013, inter-track wagering and simulcast | ||||||
22 | wagering shall not be conducted by those inter-track | ||||||
23 | wagering location licensees that are located outside the | ||||||
24 | City of Chicago at any location within 8 miles of any race | ||||||
25 | track at which a horse race meeting has been licensed in | ||||||
26 | the current year, unless the person having operating |
| |||||||
| |||||||
1 | control of such race track has given its written consent to | ||||||
2 | such inter-track wagering location licensees, which | ||||||
3 | consent must be filed with the Board at or prior to the | ||||||
4 | time application is made.
| ||||||
5 | (8.2) Inter-track wagering or simulcast wagering shall | ||||||
6 | not be
conducted by an inter-track
wagering location | ||||||
7 | licensee at any location within 500 feet of an
existing
| ||||||
8 | church or existing school, nor within 500 feet of the | ||||||
9 | residences
of more than 50 registered voters without
| ||||||
10 | receiving written permission from a majority of the | ||||||
11 | registered
voters at such residences.
Such written | ||||||
12 | permission statements shall be filed with the Board. The
| ||||||
13 | distance of 500 feet shall be measured to the nearest part | ||||||
14 | of any
building
used for worship services, education | ||||||
15 | programs, residential purposes, or
conducting inter-track | ||||||
16 | wagering by an inter-track wagering location
licensee, and | ||||||
17 | not to property boundaries. However, inter-track wagering | ||||||
18 | or
simulcast wagering may be conducted at a site within 500 | ||||||
19 | feet of
a church, school or residences
of 50 or more | ||||||
20 | registered voters if such church, school
or residences have | ||||||
21 | been erected
or established, or such voters have been | ||||||
22 | registered, after
the Board issues
the original | ||||||
23 | inter-track wagering location license at the site in | ||||||
24 | question.
Inter-track wagering location licensees may | ||||||
25 | conduct inter-track wagering
and simulcast wagering only | ||||||
26 | in areas that are zoned for
commercial or manufacturing |
| |||||||
| |||||||
1 | purposes or
in areas for which a special use has been | ||||||
2 | approved by the local zoning
authority. However, no license | ||||||
3 | to conduct inter-track wagering and simulcast
wagering | ||||||
4 | shall be
granted by the Board with respect to any | ||||||
5 | inter-track wagering location
within the jurisdiction of | ||||||
6 | any local zoning authority which has, by
ordinance or by | ||||||
7 | resolution, prohibited the establishment of an inter-track
| ||||||
8 | wagering location within its jurisdiction. However, | ||||||
9 | inter-track wagering
and simulcast wagering may be | ||||||
10 | conducted at a site if such ordinance or
resolution is | ||||||
11 | enacted after
the Board licenses the original inter-track | ||||||
12 | wagering location
licensee for the site in question.
| ||||||
13 | (9) (Blank).
| ||||||
14 | (10) An inter-track wagering licensee or an | ||||||
15 | inter-track wagering
location licensee may retain, subject | ||||||
16 | to the
payment of the privilege taxes and the purses, an | ||||||
17 | amount not to
exceed 17% of all money wagered. Each program | ||||||
18 | of racing conducted by
each inter-track wagering licensee | ||||||
19 | or inter-track wagering location
licensee shall be | ||||||
20 | considered a separate racing day for the purpose of
| ||||||
21 | determining the daily handle and computing the privilege | ||||||
22 | tax or pari-mutuel
tax on such daily
handle as provided in | ||||||
23 | Section 27.
| ||||||
24 | (10.1) Except as provided in subsection (g) of Section | ||||||
25 | 27 of this Act,
inter-track wagering location licensees | ||||||
26 | shall pay 1% of the
pari-mutuel handle at each location to |
| |||||||
| |||||||
1 | the municipality in which such
location is situated and 1% | ||||||
2 | of the pari-mutuel handle at each location to
the county in | ||||||
3 | which such location is situated. In the event that an
| ||||||
4 | inter-track wagering location licensee is situated in an | ||||||
5 | unincorporated
area of a county, such licensee shall pay 2% | ||||||
6 | of the pari-mutuel handle from
such location to such | ||||||
7 | county.
| ||||||
8 | (10.2) Notwithstanding any other provision of this | ||||||
9 | Act, with respect to
intertrack wagering at a race track | ||||||
10 | located in a
county that has a population of
more than | ||||||
11 | 230,000 and that is bounded by the Mississippi River ("the | ||||||
12 | first race
track"), or at a facility operated by an | ||||||
13 | inter-track wagering licensee or
inter-track wagering | ||||||
14 | location licensee that derives its license from the
| ||||||
15 | organization licensee that operates the first race track, | ||||||
16 | on races conducted at
the first race track or on races | ||||||
17 | conducted at another Illinois race track
and | ||||||
18 | simultaneously televised to the first race track or to a | ||||||
19 | facility operated
by an inter-track wagering licensee or | ||||||
20 | inter-track wagering location licensee
that derives its | ||||||
21 | license from the organization licensee that operates the | ||||||
22 | first
race track, those moneys shall be allocated as | ||||||
23 | follows:
| ||||||
24 | (A) That portion of all moneys wagered on | ||||||
25 | standardbred racing that is
required under this Act to | ||||||
26 | be paid to purses shall be paid to purses for
|
| |||||||
| |||||||
1 | standardbred races.
| ||||||
2 | (B) That portion of all moneys wagered on | ||||||
3 | thoroughbred racing
that is required under this Act to | ||||||
4 | be paid to purses shall be paid to purses
for | ||||||
5 | thoroughbred races.
| ||||||
6 | (11) (A) After payment of the privilege or pari-mutuel | ||||||
7 | tax, any other
applicable
taxes, and
the costs and expenses | ||||||
8 | in connection with the gathering, transmission, and
| ||||||
9 | dissemination of all data necessary to the conduct of | ||||||
10 | inter-track wagering,
the remainder of the monies retained | ||||||
11 | under either Section 26 or Section 26.2
of this Act by the | ||||||
12 | inter-track wagering licensee on inter-track wagering
| ||||||
13 | shall be allocated with 50% to be split between the
2 | ||||||
14 | participating licensees and 50% to purses, except
that an | ||||||
15 | intertrack wagering licensee that derives its
license from | ||||||
16 | a track located in a county with a population in excess of | ||||||
17 | 230,000
and that borders the Mississippi River shall not | ||||||
18 | divide any remaining
retention with the Illinois | ||||||
19 | organization licensee that provides the race or
races, and | ||||||
20 | an intertrack wagering licensee that accepts wagers on | ||||||
21 | races
conducted by an organization licensee that conducts a | ||||||
22 | race meet in a county
with a population in excess of | ||||||
23 | 230,000 and that borders the Mississippi River
shall not | ||||||
24 | divide any remaining retention with that organization | ||||||
25 | licensee.
| ||||||
26 | (B) From the
sums permitted to be retained pursuant to |
| |||||||
| |||||||
1 | this Act each inter-track wagering
location licensee shall | ||||||
2 | pay (i) the privilege or pari-mutuel tax to the
State; (ii) | ||||||
3 | 4.75% of the
pari-mutuel handle on intertrack wagering at | ||||||
4 | such location on
races as purses, except that
an intertrack | ||||||
5 | wagering location licensee that derives its license from a
| ||||||
6 | track located in a county with a population in excess of | ||||||
7 | 230,000 and that
borders the Mississippi River shall retain | ||||||
8 | all purse moneys for its own purse
account consistent with | ||||||
9 | distribution set forth in this subsection (h), and
| ||||||
10 | intertrack wagering location licensees that accept wagers | ||||||
11 | on races
conducted
by an organization licensee located in a | ||||||
12 | county with a population in excess of
230,000 and that | ||||||
13 | borders the Mississippi River shall distribute all purse
| ||||||
14 | moneys to purses at the operating host track; (iii) until | ||||||
15 | January 1, 2000,
except as
provided in
subsection (g) of | ||||||
16 | Section 27 of this Act, 1% of the
pari-mutuel handle | ||||||
17 | wagered on inter-track wagering and simulcast wagering at
| ||||||
18 | each inter-track wagering
location licensee facility to | ||||||
19 | the Horse Racing Tax Allocation Fund, provided
that, to the | ||||||
20 | extent the total amount collected and distributed to the | ||||||
21 | Horse
Racing Tax Allocation Fund under this subsection (h) | ||||||
22 | during any calendar year
exceeds the amount collected and | ||||||
23 | distributed to the Horse Racing Tax Allocation
Fund during | ||||||
24 | calendar year 1994, that excess amount shall be | ||||||
25 | redistributed (I)
to all inter-track wagering location | ||||||
26 | licensees, based on each licensee's
pro-rata share of the |
| |||||||
| |||||||
1 | total handle from inter-track wagering and simulcast
| ||||||
2 | wagering for all inter-track wagering location licensees | ||||||
3 | during the calendar
year in which this provision is | ||||||
4 | applicable; then (II) the amounts redistributed
to each | ||||||
5 | inter-track wagering location licensee as described in | ||||||
6 | subpart (I)
shall be further redistributed as provided in | ||||||
7 | subparagraph (B) of paragraph (5)
of subsection (g) of this | ||||||
8 | Section 26 provided first, that the shares of those
| ||||||
9 | amounts, which are to be redistributed to the host track or | ||||||
10 | to purses at the
host track under subparagraph (B) of | ||||||
11 | paragraph (5) of subsection (g) of this
Section 26 shall be
| ||||||
12 | redistributed based on each host track's pro rata share of | ||||||
13 | the total
inter-track
wagering and simulcast wagering | ||||||
14 | handle at all host tracks during the calendar
year in | ||||||
15 | question, and second, that any amounts redistributed as | ||||||
16 | described in
part (I) to an inter-track wagering location | ||||||
17 | licensee that accepts
wagers on races conducted by an | ||||||
18 | organization licensee that conducts a race meet
in a county | ||||||
19 | with a population in excess of 230,000 and that borders the
| ||||||
20 | Mississippi River shall be further redistributed as | ||||||
21 | provided in subparagraphs
(D) and (E) of paragraph (7) of | ||||||
22 | subsection (g) of this Section 26, with the
portion of that
| ||||||
23 | further redistribution allocated to purses at that | ||||||
24 | organization licensee to be
divided between standardbred | ||||||
25 | purses and thoroughbred purses based on the
amounts | ||||||
26 | otherwise allocated to purses at that organization |
| |||||||
| |||||||
1 | licensee during the
calendar year in question; and (iv) 8% | ||||||
2 | of the pari-mutuel handle on
inter-track wagering wagered | ||||||
3 | at
such location to satisfy all costs and expenses of | ||||||
4 | conducting its wagering. The
remainder of the monies | ||||||
5 | retained by the inter-track wagering location licensee
| ||||||
6 | shall be allocated 40% to the location licensee and 60% to | ||||||
7 | the organization
licensee which provides the Illinois | ||||||
8 | races to the location, except that an
intertrack wagering | ||||||
9 | location
licensee that derives its license from a track | ||||||
10 | located in a county with a
population in excess of 230,000 | ||||||
11 | and that borders the Mississippi River shall
not divide any | ||||||
12 | remaining retention with the organization licensee that | ||||||
13 | provides
the race or races and an intertrack wagering | ||||||
14 | location licensee that accepts
wagers on races conducted by | ||||||
15 | an organization licensee that conducts a race meet
in a | ||||||
16 | county with a population in excess of 230,000 and that | ||||||
17 | borders the
Mississippi River shall not divide any | ||||||
18 | remaining retention with the
organization licensee.
| ||||||
19 | Notwithstanding the provisions of clauses (ii) and (iv) of | ||||||
20 | this
paragraph, in the case of the additional inter-track | ||||||
21 | wagering location licenses
authorized under paragraph (1) | ||||||
22 | of this subsection (h) by this amendatory
Act of 1991, | ||||||
23 | those licensees shall pay the following amounts as purses:
| ||||||
24 | during the first 12 months the licensee is in operation, | ||||||
25 | 5.25% of
the
pari-mutuel handle wagered at the location on | ||||||
26 | races; during the second 12
months, 5.25%; during the third |
| |||||||
| |||||||
1 | 12 months, 5.75%;
during
the fourth 12 months,
6.25%; and | ||||||
2 | during the fifth 12 months and thereafter, 6.75%. The
| ||||||
3 | following amounts shall be retained by the licensee to | ||||||
4 | satisfy all costs
and expenses of conducting its wagering: | ||||||
5 | during the first 12 months the
licensee is in operation, | ||||||
6 | 8.25% of the pari-mutuel handle wagered
at the
location; | ||||||
7 | during the second 12 months, 8.25%; during the third 12
| ||||||
8 | months, 7.75%;
during the fourth 12 months, 7.25%; and | ||||||
9 | during the fifth 12 months
and
thereafter, 6.75%.
For | ||||||
10 | additional intertrack wagering location licensees | ||||||
11 | authorized under this
amendatory
Act of 1995, purses for | ||||||
12 | the first 12 months the licensee is in operation shall
be | ||||||
13 | 5.75% of the pari-mutuel wagered
at the location, purses | ||||||
14 | for the second 12 months the licensee is in operation
shall | ||||||
15 | be 6.25%, and purses
thereafter shall be 6.75%. For | ||||||
16 | additional intertrack location
licensees
authorized under
| ||||||
17 | this amendatory Act of 1995, the licensee shall be allowed | ||||||
18 | to retain to satisfy
all costs and expenses: 7.75% of the | ||||||
19 | pari-mutuel handle wagered at
the location
during its first | ||||||
20 | 12 months of operation, 7.25% during its second
12
months | ||||||
21 | of
operation, and 6.75% thereafter.
| ||||||
22 | (C) There is hereby created the Horse Racing Tax | ||||||
23 | Allocation Fund
which shall remain in existence until | ||||||
24 | December 31, 1999. Moneys
remaining in the Fund after | ||||||
25 | December 31, 1999
shall be paid into the
General Revenue | ||||||
26 | Fund. Until January 1, 2000,
all monies paid into the Horse |
| |||||||
| |||||||
1 | Racing Tax Allocation Fund pursuant to this
paragraph (11) | ||||||
2 | by inter-track wagering location licensees located in park
| ||||||
3 | districts of 500,000 population or less, or in a | ||||||
4 | municipality that is not
included within any park district | ||||||
5 | but is included within a conservation
district and is the | ||||||
6 | county seat of a county that (i) is contiguous to the state
| ||||||
7 | of Indiana and (ii) has a 1990 population of 88,257 | ||||||
8 | according to the United
States Bureau of the Census, and | ||||||
9 | operating on May 1, 1994 shall be
allocated by | ||||||
10 | appropriation as follows:
| ||||||
11 | Two-sevenths to the Department of Agriculture. | ||||||
12 | Fifty percent of
this two-sevenths shall be used to | ||||||
13 | promote the Illinois horse racing and
breeding | ||||||
14 | industry, and shall be distributed by the Department of | ||||||
15 | Agriculture
upon the advice of a 9-member committee | ||||||
16 | appointed by the Governor consisting of
the following | ||||||
17 | members: the Director of Agriculture, who shall serve | ||||||
18 | as
chairman; 2 representatives of organization | ||||||
19 | licensees conducting thoroughbred
race meetings in | ||||||
20 | this State, recommended by those licensees; 2 | ||||||
21 | representatives
of organization licensees conducting | ||||||
22 | standardbred race meetings in this State,
recommended | ||||||
23 | by those licensees; a representative of the Illinois
| ||||||
24 | Thoroughbred Breeders and Owners Foundation, | ||||||
25 | recommended by that
Foundation; a representative of | ||||||
26 | the Illinois Standardbred Owners and
Breeders |
| |||||||
| |||||||
1 | Association, recommended
by that Association; a | ||||||
2 | representative of
the Horsemen's Benevolent and | ||||||
3 | Protective Association or any successor
organization | ||||||
4 | thereto established in Illinois comprised of the | ||||||
5 | largest number of
owners and trainers, recommended by | ||||||
6 | that
Association or that successor organization; and a
| ||||||
7 | representative of the Illinois Harness Horsemen's
| ||||||
8 | Association, recommended by that Association. | ||||||
9 | Committee members shall
serve for terms of 2 years, | ||||||
10 | commencing January 1 of each even-numbered
year. If a | ||||||
11 | representative of any of the above-named entities has | ||||||
12 | not been
recommended by January 1 of any even-numbered | ||||||
13 | year, the Governor shall
appoint a committee member to | ||||||
14 | fill that position. Committee members shall
receive no | ||||||
15 | compensation for their services as members but shall be
| ||||||
16 | reimbursed for all actual and necessary expenses and | ||||||
17 | disbursements incurred
in the performance of their | ||||||
18 | official duties. The remaining 50% of this
| ||||||
19 | two-sevenths shall be distributed to county fairs for | ||||||
20 | premiums and
rehabilitation as set forth in the | ||||||
21 | Agricultural Fair Act;
| ||||||
22 | Four-sevenths to park districts or municipalities | ||||||
23 | that do not have a
park district of 500,000 population | ||||||
24 | or less for museum purposes (if an
inter-track wagering | ||||||
25 | location licensee is located in such a park district) | ||||||
26 | or
to conservation districts for museum purposes (if an |
| |||||||
| |||||||
1 | inter-track wagering
location licensee is located in a | ||||||
2 | municipality that is not included within any
park | ||||||
3 | district but is included within a conservation | ||||||
4 | district and is the county
seat of a county that (i) is | ||||||
5 | contiguous to the state of Indiana and (ii) has a
1990 | ||||||
6 | population of 88,257 according to the United States | ||||||
7 | Bureau of the Census,
except that if the conservation | ||||||
8 | district does not maintain a museum, the monies
shall | ||||||
9 | be allocated equally between the county and the | ||||||
10 | municipality in which the
inter-track wagering | ||||||
11 | location licensee is located for general purposes) or | ||||||
12 | to a
municipal recreation board for park purposes (if | ||||||
13 | an inter-track wagering
location licensee is located | ||||||
14 | in a municipality that is not included within any
park | ||||||
15 | district and park maintenance is the function of the | ||||||
16 | municipal recreation
board and the municipality has a | ||||||
17 | 1990 population of 9,302 according to the
United States | ||||||
18 | Bureau of the Census); provided that the monies are | ||||||
19 | distributed
to each park district or conservation | ||||||
20 | district or municipality that does not
have a park | ||||||
21 | district in an amount equal to four-sevenths of the | ||||||
22 | amount
collected by each inter-track wagering location | ||||||
23 | licensee within the park
district or conservation | ||||||
24 | district or municipality for the Fund. Monies that
were | ||||||
25 | paid into the Horse Racing Tax Allocation Fund before | ||||||
26 | the effective date
of this amendatory Act of 1991 by an |
| |||||||
| |||||||
1 | inter-track wagering location licensee
located in a | ||||||
2 | municipality that is not included within any park | ||||||
3 | district but is
included within a conservation | ||||||
4 | district as provided in this paragraph shall, as
soon | ||||||
5 | as practicable after the effective date of this | ||||||
6 | amendatory Act of 1991, be
allocated and paid to that | ||||||
7 | conservation district as provided in this paragraph.
| ||||||
8 | Any park district or municipality not maintaining a | ||||||
9 | museum may deposit the
monies in the corporate fund of | ||||||
10 | the park district or municipality where the
| ||||||
11 | inter-track wagering location is located, to be used | ||||||
12 | for general purposes;
and
| ||||||
13 | One-seventh to the Agricultural Premium Fund to be | ||||||
14 | used for distribution
to agricultural home economics | ||||||
15 | extension councils in accordance with "An
Act in | ||||||
16 | relation to additional support and finances for the | ||||||
17 | Agricultural and
Home Economic Extension Councils in | ||||||
18 | the several counties of this State and
making an | ||||||
19 | appropriation therefor", approved July 24, 1967.
| ||||||
20 | Until January 1, 2000, all other
monies paid into the | ||||||
21 | Horse Racing Tax
Allocation Fund pursuant to
this paragraph | ||||||
22 | (11) shall be allocated by appropriation as follows:
| ||||||
23 | Two-sevenths to the Department of Agriculture. | ||||||
24 | Fifty percent of this
two-sevenths shall be used to | ||||||
25 | promote the Illinois horse racing and breeding
| ||||||
26 | industry, and shall be distributed by the Department of |
| |||||||
| |||||||
1 | Agriculture upon the
advice of a 9-member committee | ||||||
2 | appointed by the Governor consisting of the
following | ||||||
3 | members: the Director of Agriculture, who shall serve | ||||||
4 | as chairman; 2
representatives of organization | ||||||
5 | licensees conducting thoroughbred race meetings
in | ||||||
6 | this State, recommended by those licensees; 2 | ||||||
7 | representatives of
organization licensees conducting | ||||||
8 | standardbred race meetings in this State,
recommended | ||||||
9 | by those licensees; a representative of the Illinois | ||||||
10 | Thoroughbred
Breeders and Owners Foundation, | ||||||
11 | recommended by that Foundation; a
representative of | ||||||
12 | the Illinois Standardbred Owners and Breeders | ||||||
13 | Association,
recommended by that Association; a | ||||||
14 | representative of the Horsemen's Benevolent
and | ||||||
15 | Protective Association or any successor organization | ||||||
16 | thereto established
in Illinois comprised of the | ||||||
17 | largest number of owners and trainers,
recommended by | ||||||
18 | that Association or that successor organization; and a
| ||||||
19 | representative of the Illinois Harness Horsemen's | ||||||
20 | Association, recommended by
that Association. | ||||||
21 | Committee members shall serve for terms of 2 years,
| ||||||
22 | commencing January 1 of each even-numbered year. If a | ||||||
23 | representative of any of
the above-named entities has | ||||||
24 | not been recommended by January 1 of any
even-numbered | ||||||
25 | year, the Governor shall appoint a committee member to | ||||||
26 | fill that
position. Committee members shall receive no |
| |||||||
| |||||||
1 | compensation for their services
as members but shall be | ||||||
2 | reimbursed for all actual and necessary expenses and
| ||||||
3 | disbursements incurred in the performance of their | ||||||
4 | official duties. The
remaining 50% of this | ||||||
5 | two-sevenths shall be distributed to county fairs for
| ||||||
6 | premiums and rehabilitation as set forth in the | ||||||
7 | Agricultural Fair Act;
| ||||||
8 | Four-sevenths to museums and aquariums located in | ||||||
9 | park districts of over
500,000 population; provided | ||||||
10 | that the monies are distributed in accordance with
the | ||||||
11 | previous year's distribution of the maintenance tax | ||||||
12 | for such museums and
aquariums as provided in Section 2 | ||||||
13 | of the Park District Aquarium and Museum
Act; and
| ||||||
14 | One-seventh to the Agricultural Premium Fund to be | ||||||
15 | used for distribution
to agricultural home economics | ||||||
16 | extension councils in accordance with "An Act
in | ||||||
17 | relation to additional support and finances for the | ||||||
18 | Agricultural and
Home Economic Extension Councils in | ||||||
19 | the several counties of this State and
making an | ||||||
20 | appropriation therefor", approved July 24, 1967.
This | ||||||
21 | subparagraph (C) shall be inoperative and of no force | ||||||
22 | and effect on and
after January 1, 2000.
| ||||||
23 | (D) Except as provided in paragraph (11) of this | ||||||
24 | subsection (h),
with respect to purse allocation from | ||||||
25 | intertrack wagering, the monies so
retained shall be | ||||||
26 | divided as follows:
|
| |||||||
| |||||||
1 | (i) If the inter-track wagering licensee, | ||||||
2 | except an intertrack
wagering licensee that | ||||||
3 | derives its license from an organization
licensee | ||||||
4 | located in a county with a population in excess of | ||||||
5 | 230,000 and bounded
by the Mississippi River, is | ||||||
6 | not conducting its own
race meeting during the same | ||||||
7 | dates, then the entire purse allocation shall be
to | ||||||
8 | purses at the track where the races wagered on are | ||||||
9 | being conducted.
| ||||||
10 | (ii) If the inter-track wagering licensee, | ||||||
11 | except an intertrack
wagering licensee that | ||||||
12 | derives its license from an organization
licensee | ||||||
13 | located in a county with a population in excess of | ||||||
14 | 230,000 and bounded
by the Mississippi River, is | ||||||
15 | also
conducting its own
race meeting during the | ||||||
16 | same dates, then the purse allocation shall be as
| ||||||
17 | follows: 50% to purses at the track where the races | ||||||
18 | wagered on are
being conducted; 50% to purses at | ||||||
19 | the track where the inter-track
wagering licensee | ||||||
20 | is accepting such wagers.
| ||||||
21 | (iii) If the inter-track wagering is being | ||||||
22 | conducted by an inter-track
wagering location | ||||||
23 | licensee, except an intertrack wagering location | ||||||
24 | licensee
that derives its license from an | ||||||
25 | organization licensee located in a
county with a | ||||||
26 | population in excess of 230,000 and bounded by the |
| |||||||
| |||||||
1 | Mississippi
River, the entire purse allocation for | ||||||
2 | Illinois races shall
be to purses at the track | ||||||
3 | where the race meeting being wagered on is being
| ||||||
4 | held.
| ||||||
5 | (12) The Board shall have all powers necessary and | ||||||
6 | proper to fully
supervise and control the conduct of
| ||||||
7 | inter-track wagering and simulcast
wagering by inter-track | ||||||
8 | wagering licensees and inter-track wagering location
| ||||||
9 | licensees, including, but not
limited to the following:
| ||||||
10 | (A) The Board is vested with power to promulgate | ||||||
11 | reasonable rules and
regulations for the purpose of | ||||||
12 | administering the
conduct of this
wagering and to | ||||||
13 | prescribe reasonable rules, regulations and conditions | ||||||
14 | under
which such wagering shall be held and conducted. | ||||||
15 | Such rules and regulations
are to provide for the | ||||||
16 | prevention of practices detrimental to the public
| ||||||
17 | interest and for
the best interests of said wagering | ||||||
18 | and to impose penalties
for violations thereof.
| ||||||
19 | (B) The Board, and any person or persons to whom it | ||||||
20 | delegates this
power, is vested with the power to enter | ||||||
21 | the
facilities of any licensee to determine whether | ||||||
22 | there has been
compliance with the provisions of this | ||||||
23 | Act and the rules and regulations
relating to the | ||||||
24 | conduct of such wagering.
| ||||||
25 | (C) The Board, and any person or persons to whom it | ||||||
26 | delegates this
power, may eject or exclude from any |
| |||||||
| |||||||
1 | licensee's facilities, any person whose
conduct or | ||||||
2 | reputation
is such that his presence on such premises | ||||||
3 | may, in the opinion of the Board,
call into the | ||||||
4 | question the honesty and integrity of, or interfere | ||||||
5 | with the
orderly conduct of such wagering; provided, | ||||||
6 | however, that no person shall
be excluded or ejected | ||||||
7 | from such premises solely on the grounds of race,
| ||||||
8 | color, creed, national origin, ancestry, or sex.
| ||||||
9 | (D) (Blank).
| ||||||
10 | (E) The Board is vested with the power to appoint | ||||||
11 | delegates to execute
any of the powers granted to it | ||||||
12 | under this Section for the purpose of
administering | ||||||
13 | this wagering and any
rules and
regulations
| ||||||
14 | promulgated in accordance with this Act.
| ||||||
15 | (F) The Board shall name and appoint a State | ||||||
16 | director of this wagering
who shall be a representative | ||||||
17 | of the Board and whose
duty it shall
be to supervise | ||||||
18 | the conduct of inter-track wagering as may be provided | ||||||
19 | for
by the rules and regulations of the Board; such | ||||||
20 | rules and regulation shall
specify the method of | ||||||
21 | appointment and the Director's powers, authority and
| ||||||
22 | duties.
| ||||||
23 | (G) The Board is vested with the power to impose | ||||||
24 | civil penalties of up
to $5,000 against individuals and | ||||||
25 | up to $10,000 against
licensees for each violation of | ||||||
26 | any provision of
this Act relating to the conduct of |
| |||||||
| |||||||
1 | this wagering, any
rules adopted
by the Board, any | ||||||
2 | order of the Board or any other action which in the | ||||||
3 | Board's
discretion, is a detriment or impediment to | ||||||
4 | such wagering.
| ||||||
5 | (13) The Department of Agriculture may enter into | ||||||
6 | agreements with
licensees authorizing such licensees to | ||||||
7 | conduct inter-track
wagering on races to be held at the | ||||||
8 | licensed race meetings conducted by the
Department of | ||||||
9 | Agriculture. Such
agreement shall specify the races of the | ||||||
10 | Department of Agriculture's
licensed race meeting upon | ||||||
11 | which the licensees will conduct wagering. In the
event | ||||||
12 | that a licensee
conducts inter-track pari-mutuel wagering | ||||||
13 | on races from the Illinois State Fair
or DuQuoin State Fair | ||||||
14 | which are in addition to the licensee's previously
approved | ||||||
15 | racing program, those races shall be considered a separate | ||||||
16 | racing day
for the
purpose of determining the daily handle | ||||||
17 | and computing the privilege or
pari-mutuel tax on
that | ||||||
18 | daily handle as provided in Sections 27
and 27.1. Such
| ||||||
19 | agreements shall be approved by the Board before such | ||||||
20 | wagering may be
conducted. In determining whether to grant | ||||||
21 | approval, the Board shall give
due consideration to the | ||||||
22 | best interests of the public and of horse racing.
The | ||||||
23 | provisions of paragraphs (1), (8), (8.1), and (8.2) of
| ||||||
24 | subsection (h) of this
Section which are not specified in | ||||||
25 | this paragraph (13) shall not apply to
licensed race | ||||||
26 | meetings conducted by the Department of Agriculture at the
|
| |||||||
| |||||||
1 | Illinois State Fair in Sangamon County or the DuQuoin State | ||||||
2 | Fair in Perry
County, or to any wagering conducted on
those | ||||||
3 | race meetings.
| ||||||
4 | (i) Notwithstanding the other provisions of this Act, the | ||||||
5 | conduct of
wagering at wagering facilities is authorized on all | ||||||
6 | days, except as limited by
subsection (b) of Section 19 of this | ||||||
7 | Act.
| ||||||
8 | (Source: P.A. 97-1060, eff. 8-24-12; 98-18, eff. 6-7-13; | ||||||
9 | 98-624, eff. 1-29-14; 98-968, eff. 8-15-14.)
| ||||||
10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law.".
|