Bill Text: IL HB2522 | 2017-2018 | 100th General Assembly | Introduced
Bill Title: Amends the Illinois Horse Racing Act of 1975. Removes language terminating the authorization for advance deposit wagering on December 31, 2018. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2019-01-08 - Session Sine Die [HB2522 Detail]
Download: Illinois-2017-HB2522-Introduced.html
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1 | AN ACT concerning gaming.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Horse Racing Act of 1975 is amended | ||||||||||||||||||||||||||||||
5 | by changing Sections 26, 26.8, 26.9, and 27 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 | ||||||||||||||||||||||||||||||
17 | the provisions of this Act,
be held or construed to be | ||||||||||||||||||||||||||||||
18 | unlawful, other statutes of this State to the
contrary | ||||||||||||||||||||||||||||||
19 | notwithstanding.
Subject to rules for advance wagering | ||||||||||||||||||||||||||||||
20 | promulgated by the Board, any
licensee
may accept wagers in | ||||||||||||||||||||||||||||||
21 | advance of the day of
the race wagered upon occurs.
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22 | (b) No other method of betting, pool making, wagering or
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23 | gambling shall be used or permitted by the licensee. Each |
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1 | licensee
may retain, subject to the payment of all applicable
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2 | taxes and purses, an amount not to exceed 17% of all money | ||||||
3 | wagered
under subsection (a) of this Section, except as may | ||||||
4 | otherwise be permitted
under this Act.
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5 | (b-5) An individual may place a wager under the pari-mutuel | ||||||
6 | system from
any licensed location authorized under this Act | ||||||
7 | provided that wager is
electronically recorded in the manner | ||||||
8 | described in Section 3.12 of this Act.
Any wager made | ||||||
9 | electronically by an individual while physically on the | ||||||
10 | premises
of a licensee shall be deemed to have been made at the | ||||||
11 | premises of that
licensee.
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12 | (c) Until January 1, 2000, the sum held by any licensee for | ||||||
13 | payment of
outstanding pari-mutuel tickets, if unclaimed prior | ||||||
14 | to December 31 of the
next year, shall be retained by the | ||||||
15 | licensee for payment of
such tickets until that date. Within 10 | ||||||
16 | days thereafter, the balance of
such sum remaining unclaimed, | ||||||
17 | less any uncashed supplements contributed by such
licensee for | ||||||
18 | the purpose of guaranteeing minimum distributions
of any | ||||||
19 | pari-mutuel pool, shall be
paid to the
Illinois
Veterans'
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20 | Rehabilitation Fund of the State treasury, except as provided | ||||||
21 | in subsection
(g) of Section 27 of this Act.
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22 | (c-5) Beginning January 1, 2000, the sum held by any | ||||||
23 | licensee for payment
of
outstanding pari-mutuel tickets, if | ||||||
24 | unclaimed prior to December 31 of the
next year, shall be | ||||||
25 | retained by the licensee for payment of
such tickets until that | ||||||
26 | date. Within 10 days thereafter, the balance of
such sum |
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1 | remaining unclaimed, less any uncashed supplements contributed | ||||||
2 | by such
licensee for the purpose of guaranteeing minimum | ||||||
3 | distributions
of any pari-mutuel pool, shall be evenly | ||||||
4 | distributed to the purse account of
the organization licensee | ||||||
5 | and the organization licensee.
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6 | (d) A pari-mutuel ticket shall be honored until December 31 | ||||||
7 | of the
next calendar year, and the licensee shall pay the same | ||||||
8 | and may
charge the amount thereof against unpaid money | ||||||
9 | similarly accumulated on account
of pari-mutuel tickets not | ||||||
10 | presented for payment.
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11 | (e) No licensee shall knowingly permit any minor, other
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12 | than an employee of such licensee or an owner, trainer,
jockey, | ||||||
13 | driver, or employee thereof, to be admitted during a racing
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14 | program unless accompanied by a parent or guardian, or any | ||||||
15 | minor to be a
patron of the pari-mutuel system of wagering | ||||||
16 | conducted or
supervised by it. The admission of any | ||||||
17 | unaccompanied minor, other than
an employee of the licensee or | ||||||
18 | an owner, trainer, jockey,
driver, or employee thereof at a | ||||||
19 | race track is a Class C
misdemeanor.
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20 | (f) Notwithstanding the other provisions of this Act, an
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21 | organization licensee may contract
with an entity in another | ||||||
22 | state or country to permit any legal
wagering entity in another | ||||||
23 | state or country to accept wagers solely within
such other | ||||||
24 | state or country on races conducted by the organization | ||||||
25 | licensee
in this State.
Beginning January 1, 2000, these wagers
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26 | shall not be subject to State
taxation. Until January 1, 2000,
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1 | when the out-of-State entity conducts a pari-mutuel pool
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2 | separate from the organization licensee, a privilege tax equal | ||||||
3 | to 7 1/2% of
all monies received by the organization licensee | ||||||
4 | from entities in other states
or countries pursuant to such | ||||||
5 | contracts is imposed on the organization
licensee, and such | ||||||
6 | privilege tax shall be remitted to the
Department of Revenue
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7 | within 48 hours of receipt of the moneys from the simulcast. | ||||||
8 | When the
out-of-State entity conducts a
combined pari-mutuel | ||||||
9 | pool with the organization licensee, the tax shall be 10%
of | ||||||
10 | all monies received by the organization licensee with 25% of | ||||||
11 | the
receipts from this 10% tax to be distributed to the county
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12 | in which the race was conducted.
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13 | An organization licensee may permit one or more of its | ||||||
14 | races to be
utilized for
pari-mutuel wagering at one or more | ||||||
15 | locations in other states and may
transmit audio and visual | ||||||
16 | signals of races the organization licensee
conducts to one or
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17 | more locations outside the State or country and may also permit | ||||||
18 | pari-mutuel
pools in other states or countries to be combined | ||||||
19 | with its gross or net
wagering pools or with wagering pools | ||||||
20 | established by other states.
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21 | (g) A host track may accept interstate simulcast wagers on
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22 | horse
races conducted in other states or countries and shall | ||||||
23 | control the
number of signals and types of breeds of racing in | ||||||
24 | its simulcast program,
subject to the disapproval of the Board. | ||||||
25 | The Board may prohibit a simulcast
program only if it finds | ||||||
26 | that the simulcast program is clearly
adverse to the integrity |
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1 | of racing. The host track
simulcast program shall
include the | ||||||
2 | signal of live racing of all organization licensees.
All | ||||||
3 | non-host licensees and advance deposit wagering licensees | ||||||
4 | shall carry the signal of and accept wagers on live racing of | ||||||
5 | all organization licensees. Advance deposit wagering licensees | ||||||
6 | shall not be permitted to accept out-of-state wagers on any | ||||||
7 | Illinois signal provided pursuant to this Section without the | ||||||
8 | approval and consent of the organization licensee providing the | ||||||
9 | signal. For one year after August 15, 2014 ( the effective date | ||||||
10 | of Public Act 98-968) this amendatory Act of the 98th General | ||||||
11 | Assembly , non-host licensees may carry the host track simulcast | ||||||
12 | program and
shall accept wagers on all races included as part | ||||||
13 | of the simulcast
program of horse races conducted at race | ||||||
14 | tracks located within North America upon which wagering is | ||||||
15 | permitted. For a period of one year after August 15, 2014 ( the | ||||||
16 | effective date of Public Act 98-968) this amendatory Act of the | ||||||
17 | 98th General Assembly , on horse races conducted at race tracks | ||||||
18 | located outside of North America, non-host licensees may accept | ||||||
19 | wagers on all races included as part of the simulcast program | ||||||
20 | upon which wagering is permitted. Beginning August 15, 2015 | ||||||
21 | ( one year after the effective date of Public Act 98-968) this | ||||||
22 | amendatory Act of the 98th General Assembly , non-host licensees | ||||||
23 | may carry the host track simulcast program and shall accept | ||||||
24 | wagers on all races included as part of the simulcast program | ||||||
25 | upon which wagering is permitted.
All organization licensees | ||||||
26 | shall provide their live signal to all advance deposit wagering |
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1 | licensees for a simulcast commission fee not to exceed 6% of | ||||||
2 | the advance deposit wagering licensee's Illinois handle on the | ||||||
3 | organization licensee's signal without prior approval by the | ||||||
4 | Board. The Board may adopt rules under which it may permit | ||||||
5 | simulcast commission fees in excess of 6%. The Board shall | ||||||
6 | adopt rules limiting the interstate commission fees charged to | ||||||
7 | an advance deposit wagering licensee. The Board shall adopt | ||||||
8 | rules regarding advance deposit wagering on interstate | ||||||
9 | simulcast races that shall reflect, among other things, the | ||||||
10 | General Assembly's desire to maximize revenues to the State, | ||||||
11 | horsemen purses, and organizational licensees. However, | ||||||
12 | organization licensees providing live signals pursuant to the | ||||||
13 | requirements of this subsection (g) may petition the Board to | ||||||
14 | withhold their live signals from an advance deposit wagering | ||||||
15 | licensee if the organization licensee discovers and the Board | ||||||
16 | finds reputable or credible information that the advance | ||||||
17 | deposit wagering licensee is under investigation by another | ||||||
18 | state or federal governmental agency, the advance deposit | ||||||
19 | wagering licensee's license has been suspended in another | ||||||
20 | state, or the advance deposit wagering licensee's license is in | ||||||
21 | revocation proceedings in another state. The organization | ||||||
22 | licensee's provision of their live signal to an advance deposit | ||||||
23 | wagering licensee under this subsection (g) pertains to wagers | ||||||
24 | placed from within Illinois. Advance deposit wagering | ||||||
25 | licensees may place advance deposit wagering terminals at | ||||||
26 | wagering facilities as a convenience to customers. The advance |
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1 | deposit wagering licensee shall not charge or collect any fee | ||||||
2 | from purses for the placement of the advance deposit wagering | ||||||
3 | terminals. The costs and expenses
of the host track and | ||||||
4 | non-host licensees associated
with interstate simulcast
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5 | wagering, other than the interstate
commission fee, shall be | ||||||
6 | borne by the host track and all
non-host licensees
incurring | ||||||
7 | these costs.
The interstate commission fee shall not exceed 5% | ||||||
8 | of Illinois handle on the
interstate simulcast race or races | ||||||
9 | without prior approval of the Board. The
Board shall promulgate | ||||||
10 | rules under which it may permit
interstate commission
fees in | ||||||
11 | excess of 5%. The interstate commission
fee and other fees | ||||||
12 | charged by the sending racetrack, including, but not
limited | ||||||
13 | to, satellite decoder fees, shall be uniformly applied
to the | ||||||
14 | host track and all non-host licensees.
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15 | Notwithstanding any other provision of this Act, through | ||||||
16 | December 31, 2018, an organization licensee, with the consent | ||||||
17 | of the horsemen association representing the largest number of | ||||||
18 | owners, trainers, jockeys, or standardbred drivers who race | ||||||
19 | horses at that organization licensee's racing meeting, may | ||||||
20 | maintain a system whereby advance deposit wagering may take | ||||||
21 | place or an organization licensee, with the consent of the | ||||||
22 | horsemen association representing the largest number of | ||||||
23 | owners, trainers, jockeys, or standardbred drivers who race | ||||||
24 | horses at that organization licensee's racing meeting, may | ||||||
25 | contract with another person to carry out a system of advance | ||||||
26 | deposit wagering. Such consent may not be unreasonably |
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1 | withheld. Only with respect to an appeal to the Board that | ||||||
2 | consent for an organization licensee that maintains its own | ||||||
3 | advance deposit wagering system is being unreasonably | ||||||
4 | withheld, the Board shall issue a final order within 30 days | ||||||
5 | after initiation of the appeal, and the organization licensee's | ||||||
6 | advance deposit wagering system may remain operational during | ||||||
7 | that 30-day period. The actions of any organization licensee | ||||||
8 | who conducts advance deposit wagering or any person who has a | ||||||
9 | contract with an organization licensee to conduct advance | ||||||
10 | deposit wagering who conducts advance deposit wagering on or | ||||||
11 | after January 1, 2013 and prior to June 7, 2013 ( the effective | ||||||
12 | date of Public Act 98-18) this amendatory Act of the 98th | ||||||
13 | General Assembly taken in reliance on the changes made to this | ||||||
14 | subsection (g) by Public Act 98-18 this amendatory Act of the | ||||||
15 | 98th General Assembly are hereby validated, provided payment of | ||||||
16 | all applicable pari-mutuel taxes are remitted to the Board. All | ||||||
17 | advance deposit wagers placed from within Illinois must be | ||||||
18 | placed through a Board-approved advance deposit wagering | ||||||
19 | licensee; no other entity may accept an advance deposit wager | ||||||
20 | from a person within Illinois. All advance deposit wagering is | ||||||
21 | subject to any rules adopted by the Board. The Board may adopt | ||||||
22 | rules necessary to regulate advance deposit wagering through | ||||||
23 | the use of emergency rulemaking in accordance with Section 5-45 | ||||||
24 | of the Illinois Administrative Procedure Act. The General | ||||||
25 | Assembly finds that the adoption of rules to regulate advance | ||||||
26 | deposit wagering is deemed an emergency and necessary for the |
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1 | public interest, safety, and welfare. An advance deposit | ||||||
2 | wagering licensee may retain all moneys as agreed to by | ||||||
3 | contract with an organization licensee. Any moneys retained by | ||||||
4 | the organization licensee from advance deposit wagering, not | ||||||
5 | including moneys retained by the advance deposit wagering | ||||||
6 | licensee, shall be paid 50% to the organization licensee's | ||||||
7 | purse account and 50% to the organization licensee. With the | ||||||
8 | exception of any organization licensee that is owned by a | ||||||
9 | publicly traded company that is incorporated in a state other | ||||||
10 | than Illinois and advance deposit wagering licensees under | ||||||
11 | contract with such organization licensees, organization | ||||||
12 | licensees that maintain advance deposit wagering systems and | ||||||
13 | advance deposit wagering licensees that contract with | ||||||
14 | organization licensees shall provide sufficiently detailed | ||||||
15 | monthly accountings to the horsemen association representing | ||||||
16 | the largest number of owners, trainers, jockeys, or | ||||||
17 | standardbred drivers who race horses at that organization | ||||||
18 | licensee's racing meeting so that the horsemen association, as | ||||||
19 | an interested party, can confirm the accuracy of the amounts | ||||||
20 | paid to the purse account at the horsemen association's | ||||||
21 | affiliated organization licensee from advance deposit | ||||||
22 | wagering. If more than one breed races at the same race track | ||||||
23 | facility, then the 50% of the moneys to be paid to an | ||||||
24 | organization licensee's purse account shall be allocated among | ||||||
25 | all organization licensees' purse accounts operating at that | ||||||
26 | race track facility proportionately based on the actual number |
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1 | of host days that the Board grants to that breed at that race | ||||||
2 | track facility in the current calendar year. To the extent any | ||||||
3 | fees from advance deposit wagering conducted in Illinois for | ||||||
4 | wagers in Illinois or other states have been placed in escrow | ||||||
5 | or otherwise withheld from wagers pending a determination of | ||||||
6 | the legality of advance deposit wagering, no action shall be | ||||||
7 | brought to declare such wagers or the disbursement of any fees | ||||||
8 | previously escrowed illegal. | ||||||
9 | (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
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10 | inter-track intertrack wagering
licensee other than the | ||||||
11 | host track may supplement the host track simulcast
program | ||||||
12 | with additional simulcast races or race programs, provided | ||||||
13 | that between
January 1 and the third Friday in February of | ||||||
14 | any year, inclusive, if no live
thoroughbred racing is | ||||||
15 | occurring in Illinois during this period, only
| ||||||
16 | thoroughbred races may be used
for supplemental interstate | ||||||
17 | simulcast purposes. The Board shall withhold
approval for a | ||||||
18 | supplemental interstate simulcast only if it finds that the
| ||||||
19 | simulcast is clearly adverse to the integrity of racing. A | ||||||
20 | supplemental
interstate simulcast may be transmitted from | ||||||
21 | an inter-track intertrack wagering licensee to
its | ||||||
22 | affiliated non-host licensees. The interstate commission | ||||||
23 | fee for a
supplemental interstate simulcast shall be paid | ||||||
24 | by the non-host licensee and
its affiliated non-host | ||||||
25 | licensees receiving the simulcast.
| ||||||
26 | (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
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| |||||||
1 | inter-track intertrack wagering
licensee other than the | ||||||
2 | host track may receive supplemental interstate
simulcasts | ||||||
3 | only with the consent of the host track, except when the | ||||||
4 | Board
finds that the simulcast is
clearly adverse to the | ||||||
5 | integrity of racing. Consent granted under this
paragraph | ||||||
6 | (2) to any inter-track intertrack wagering licensee shall | ||||||
7 | be deemed consent to
all non-host licensees. The interstate | ||||||
8 | commission fee for the supplemental
interstate simulcast | ||||||
9 | shall be paid
by all participating non-host licensees.
| ||||||
10 | (3) Each licensee conducting interstate simulcast | ||||||
11 | wagering may retain,
subject to the payment of all | ||||||
12 | applicable taxes and the purses, an amount not to
exceed | ||||||
13 | 17% of all money wagered. If any licensee conducts the | ||||||
14 | pari-mutuel
system wagering on races conducted at | ||||||
15 | racetracks in another state or country,
each such race or | ||||||
16 | race program shall be considered a separate racing day for
| ||||||
17 | the purpose of determining the daily handle and computing | ||||||
18 | the privilege tax of
that daily handle as provided in | ||||||
19 | subsection (a) of Section 27.
Until January 1, 2000,
from | ||||||
20 | the sums permitted to be retained pursuant to this | ||||||
21 | subsection, each
inter-track intertrack wagering location | ||||||
22 | licensee shall pay 1% of the pari-mutuel handle
wagered on | ||||||
23 | simulcast wagering to the Horse Racing Tax Allocation Fund, | ||||||
24 | subject
to the provisions of subparagraph (B) of paragraph | ||||||
25 | (11) of subsection (h) of
Section 26 of this Act.
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26 | (4) A licensee who receives an interstate simulcast may |
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| |||||||
1 | combine its gross
or net pools with pools at the sending | ||||||
2 | racetracks pursuant to rules established
by the Board. All | ||||||
3 | licensees combining their gross pools
at a
sending | ||||||
4 | racetrack shall adopt the take-out percentages of the | ||||||
5 | sending
racetrack.
A licensee may also establish a separate | ||||||
6 | pool and takeout structure for
wagering purposes on races | ||||||
7 | conducted at race tracks outside of the
State of Illinois. | ||||||
8 | The licensee may permit pari-mutuel wagers placed in other
| ||||||
9 | states or
countries to be combined with its gross or net | ||||||
10 | wagering pools or other
wagering pools.
| ||||||
11 | (5) After the payment of the interstate commission fee | ||||||
12 | (except for the
interstate commission
fee on a supplemental | ||||||
13 | interstate simulcast, which shall be paid by the host
track | ||||||
14 | and by each non-host licensee through the host-track) and | ||||||
15 | all applicable
State and local
taxes, except as provided in | ||||||
16 | subsection (g) of Section 27 of this Act, the
remainder of | ||||||
17 | moneys retained from simulcast wagering pursuant to this
| ||||||
18 | subsection (g), and Section 26.2 shall be divided as | ||||||
19 | follows:
| ||||||
20 | (A) For interstate simulcast wagers made at a host | ||||||
21 | track, 50% to the
host
track and 50% to purses at the | ||||||
22 | host track.
| ||||||
23 | (B) For wagers placed on interstate simulcast | ||||||
24 | races, supplemental
simulcasts as defined in | ||||||
25 | subparagraphs (1) and (2), and separately pooled races
| ||||||
26 | conducted outside of the State of Illinois made at a |
| |||||||
| |||||||
1 | non-host
licensee, 25% to the host
track, 25% to the | ||||||
2 | non-host licensee, and 50% to the purses at the host | ||||||
3 | track.
| ||||||
4 | (6) Notwithstanding any provision in this Act to the | ||||||
5 | contrary, non-host
licensees
who derive their licenses | ||||||
6 | from a track located in a county with a population in
| ||||||
7 | excess of 230,000 and that borders the Mississippi River | ||||||
8 | may receive
supplemental interstate simulcast races at all | ||||||
9 | times subject to Board approval,
which shall be withheld | ||||||
10 | only upon a finding that a supplemental interstate
| ||||||
11 | simulcast is clearly adverse to the integrity of racing.
| ||||||
12 | (7) Notwithstanding any provision of this Act to the | ||||||
13 | contrary, after
payment of all applicable State and local | ||||||
14 | taxes and interstate commission fees,
non-host licensees | ||||||
15 | who derive their licenses from a track located in a county
| ||||||
16 | with a population in excess of 230,000 and that borders the | ||||||
17 | Mississippi River
shall retain 50% of the retention from | ||||||
18 | interstate simulcast wagers and shall
pay 50% to purses at | ||||||
19 | the track from which the non-host licensee derives its
| ||||||
20 | license as follows:
| ||||||
21 | (A) Between January 1 and the third Friday in | ||||||
22 | February, inclusive, if no
live thoroughbred racing is | ||||||
23 | occurring in Illinois during this period, when the
| ||||||
24 | interstate simulcast is a standardbred race, the purse | ||||||
25 | share to its
standardbred purse account;
| ||||||
26 | (B) Between January 1 and the third Friday in |
| |||||||
| |||||||
1 | February, inclusive, if no
live thoroughbred racing is | ||||||
2 | occurring in Illinois during this period, and the
| ||||||
3 | interstate simulcast is a thoroughbred race, the purse | ||||||
4 | share to its interstate
simulcast purse pool to be | ||||||
5 | distributed under paragraph (10) of this subsection
| ||||||
6 | (g);
| ||||||
7 | (C) Between January 1 and the third Friday in | ||||||
8 | February, inclusive, if
live thoroughbred racing is | ||||||
9 | occurring in Illinois, between 6:30 a.m. and 6:30
p.m. | ||||||
10 | the purse share from wagers made during this time | ||||||
11 | period to its
thoroughbred purse account and between | ||||||
12 | 6:30 p.m. and 6:30 a.m. the purse share
from wagers | ||||||
13 | made during this time period to its standardbred purse | ||||||
14 | accounts;
| ||||||
15 | (D) Between the third Saturday in February and | ||||||
16 | December 31, when the
interstate simulcast occurs | ||||||
17 | between the hours of 6:30 a.m. and 6:30 p.m., the
purse | ||||||
18 | share to its thoroughbred purse account;
| ||||||
19 | (E) Between the third Saturday in February and | ||||||
20 | December 31, when the
interstate simulcast occurs | ||||||
21 | between the hours of 6:30 p.m. and 6:30 a.m., the
purse | ||||||
22 | share to its standardbred purse account.
| ||||||
23 | (7.1) Notwithstanding any other provision of this Act | ||||||
24 | to the contrary,
if
no
standardbred racing is conducted at | ||||||
25 | a racetrack located in Madison County
during any
calendar | ||||||
26 | year beginning on or after January 1, 2002, all
moneys |
| |||||||
| |||||||
1 | derived by
that racetrack from simulcast wagering and | ||||||
2 | inter-track wagering that (1) are to
be used
for purses and | ||||||
3 | (2) are generated between the hours of 6:30 p.m. and 6:30 | ||||||
4 | a.m.
during that
calendar year shall
be paid as follows:
| ||||||
5 | (A) If the licensee that conducts horse racing at | ||||||
6 | that racetrack
requests from the Board at least as many | ||||||
7 | racing dates as were conducted in
calendar year 2000, | ||||||
8 | 80% shall be paid to its thoroughbred purse account; | ||||||
9 | and
| ||||||
10 | (B) Twenty percent shall be deposited into the | ||||||
11 | Illinois Colt Stakes
Purse
Distribution
Fund and shall | ||||||
12 | be paid to purses for standardbred races for Illinois | ||||||
13 | conceived
and foaled horses conducted at any county | ||||||
14 | fairgrounds.
The moneys deposited into the Fund | ||||||
15 | pursuant to this subparagraph (B) shall be
deposited
| ||||||
16 | within 2
weeks after the day they were generated, shall | ||||||
17 | be in addition to and not in
lieu of any other
moneys | ||||||
18 | paid to standardbred purses under this Act, and shall | ||||||
19 | not be commingled
with other moneys paid into that | ||||||
20 | Fund. The moneys deposited
pursuant to this | ||||||
21 | subparagraph (B) shall be allocated as provided by the
| ||||||
22 | Department of Agriculture, with the advice and | ||||||
23 | assistance of the Illinois
Standardbred
Breeders Fund | ||||||
24 | Advisory Board.
| ||||||
25 | (7.2) Notwithstanding any other provision of this Act | ||||||
26 | to the contrary, if
no
thoroughbred racing is conducted at |
| |||||||
| |||||||
1 | a racetrack located in Madison County
during any
calendar | ||||||
2 | year beginning on or after January 1,
2002, all
moneys | ||||||
3 | derived by
that racetrack from simulcast wagering and | ||||||
4 | inter-track wagering that (1) are to
be used
for purses and | ||||||
5 | (2) are generated between the hours of 6:30 a.m. and 6:30 | ||||||
6 | p.m.
during that
calendar year shall
be deposited as | ||||||
7 | follows:
| ||||||
8 | (A) If the licensee that conducts horse racing at | ||||||
9 | that racetrack
requests from the
Board at least
as many | ||||||
10 | racing dates as were conducted in calendar year 2000, | ||||||
11 | 80%
shall be deposited into its standardbred purse
| ||||||
12 | account; and
| ||||||
13 | (B) Twenty percent shall be deposited into the | ||||||
14 | Illinois Colt Stakes
Purse
Distribution Fund. Moneys | ||||||
15 | deposited into the Illinois Colt Stakes Purse
| ||||||
16 | Distribution Fund
pursuant to this subparagraph (B) | ||||||
17 | shall be paid to Illinois
conceived and foaled | ||||||
18 | thoroughbred breeders' programs
and to thoroughbred | ||||||
19 | purses for races conducted at any county fairgrounds | ||||||
20 | for
Illinois conceived
and foaled horses at the | ||||||
21 | discretion of the
Department of Agriculture, with the | ||||||
22 | advice and assistance of
the Illinois Thoroughbred | ||||||
23 | Breeders Fund Advisory
Board. The moneys deposited | ||||||
24 | into the Illinois Colt Stakes Purse Distribution
Fund
| ||||||
25 | pursuant to this subparagraph (B) shall be deposited | ||||||
26 | within 2 weeks
after the day they were generated, shall |
| |||||||
| |||||||
1 | be in addition to and not in
lieu of any other moneys | ||||||
2 | paid to thoroughbred purses
under this Act, and shall | ||||||
3 | not be commingled with other moneys deposited into
that | ||||||
4 | Fund.
| ||||||
5 | (7.3) If no live standardbred racing is conducted at a | ||||||
6 | racetrack located
in
Madison
County in calendar year 2000 | ||||||
7 | or 2001,
an organization licensee who is licensed
to | ||||||
8 | conduct horse racing at that racetrack shall, before | ||||||
9 | January 1, 2002, pay
all
moneys derived from simulcast | ||||||
10 | wagering and inter-track wagering in calendar
years 2000 | ||||||
11 | and 2001 and
paid into the licensee's standardbred purse | ||||||
12 | account as follows:
| ||||||
13 | (A) Eighty percent to that licensee's thoroughbred | ||||||
14 | purse account to
be used for thoroughbred purses; and
| ||||||
15 | (B) Twenty percent to the Illinois Colt Stakes | ||||||
16 | Purse Distribution
Fund.
| ||||||
17 | Failure to make the payment to the Illinois Colt Stakes | ||||||
18 | Purse Distribution
Fund before January 1, 2002
shall
result | ||||||
19 | in the immediate revocation of the licensee's organization
| ||||||
20 | license, inter-track wagering license, and inter-track | ||||||
21 | wagering location
license.
| ||||||
22 | Moneys paid into the Illinois
Colt Stakes Purse | ||||||
23 | Distribution Fund pursuant to this
paragraph (7.3) shall be | ||||||
24 | paid to purses for standardbred
races for Illinois | ||||||
25 | conceived and foaled horses conducted
at any county
| ||||||
26 | fairgrounds.
Moneys paid into the Illinois
Colt Stakes |
| |||||||
| |||||||
1 | Purse Distribution Fund pursuant to this
paragraph (7.3) | ||||||
2 | shall be used as determined by the
Department of | ||||||
3 | Agriculture, with the advice and assistance of the
Illinois | ||||||
4 | Standardbred Breeders Fund Advisory Board, shall be in | ||||||
5 | addition to
and not in lieu of any other moneys paid to | ||||||
6 | standardbred purses under this Act,
and shall not be | ||||||
7 | commingled
with any other moneys paid into that Fund.
| ||||||
8 | (7.4) If live standardbred racing is conducted at a | ||||||
9 | racetrack located in
Madison
County at any time in calendar | ||||||
10 | year 2001 before the payment required
under
paragraph (7.3) | ||||||
11 | has been made, the organization licensee who is licensed to
| ||||||
12 | conduct
racing at that racetrack shall pay all moneys | ||||||
13 | derived by that racetrack from
simulcast
wagering and | ||||||
14 | inter-track wagering during calendar years 2000 and 2001 | ||||||
15 | that (1)
are to be
used for purses and (2) are generated | ||||||
16 | between the hours of 6:30 p.m. and 6:30
a.m.
during 2000 or | ||||||
17 | 2001 to the standardbred purse account at that
racetrack to
| ||||||
18 | be used for standardbred purses.
| ||||||
19 | (8) Notwithstanding any provision in this Act to the | ||||||
20 | contrary, an
organization licensee from a track located in | ||||||
21 | a county with a population in
excess of 230,000 and that | ||||||
22 | borders the Mississippi River and its affiliated
non-host | ||||||
23 | licensees shall not be entitled to share in any retention | ||||||
24 | generated on
racing, inter-track wagering, or simulcast | ||||||
25 | wagering at any other Illinois
wagering facility.
| ||||||
26 | (8.1) Notwithstanding any provisions in this Act to the |
| |||||||
| |||||||
1 | contrary, if 2
organization licensees
are conducting | ||||||
2 | standardbred race meetings concurrently
between the hours | ||||||
3 | of 6:30 p.m. and 6:30 a.m., after payment of all applicable
| ||||||
4 | State and local taxes and interstate commission fees, the | ||||||
5 | remainder of the
amount retained from simulcast wagering | ||||||
6 | otherwise attributable to the host
track and to host track | ||||||
7 | purses shall be split daily between the 2
organization | ||||||
8 | licensees and the purses at the tracks of the 2 | ||||||
9 | organization
licensees, respectively, based on each | ||||||
10 | organization licensee's share
of the total live handle for | ||||||
11 | that day,
provided that this provision shall not apply to | ||||||
12 | any non-host licensee that
derives its license from a track | ||||||
13 | located in a county with a population in
excess of 230,000 | ||||||
14 | and that borders the Mississippi River.
| ||||||
15 | (9) (Blank).
| ||||||
16 | (10) (Blank).
| ||||||
17 | (11) (Blank).
| ||||||
18 | (12) The Board shall have authority to compel all host | ||||||
19 | tracks to receive
the simulcast of any or all races | ||||||
20 | conducted at the Springfield or DuQuoin State
fairgrounds | ||||||
21 | and include all such races as part of their simulcast | ||||||
22 | programs.
| ||||||
23 | (13) Notwithstanding any other provision of this Act, | ||||||
24 | in the event that
the total Illinois pari-mutuel handle on | ||||||
25 | Illinois horse races at all wagering
facilities in any | ||||||
26 | calendar year is less than 75% of the total Illinois
|
| |||||||
| |||||||
1 | pari-mutuel handle on Illinois horse races at all such | ||||||
2 | wagering facilities for
calendar year 1994, then each | ||||||
3 | wagering facility that has an annual total
Illinois | ||||||
4 | pari-mutuel handle on Illinois horse races that is less | ||||||
5 | than 75% of
the total Illinois pari-mutuel handle on | ||||||
6 | Illinois horse races at such wagering
facility for calendar | ||||||
7 | year 1994, shall be permitted to receive, from any amount
| ||||||
8 | otherwise
payable to the purse account at the race track | ||||||
9 | with which the wagering facility
is affiliated in the | ||||||
10 | succeeding calendar year, an amount equal to 2% of the
| ||||||
11 | differential in total Illinois pari-mutuel handle on | ||||||
12 | Illinois horse
races at the wagering facility between that | ||||||
13 | calendar year in question and 1994
provided, however, that | ||||||
14 | a
wagering facility shall not be entitled to any such | ||||||
15 | payment until the Board
certifies in writing to the | ||||||
16 | wagering facility the amount to which the wagering
facility | ||||||
17 | is entitled
and a schedule for payment of the amount to the | ||||||
18 | wagering facility, based on:
(i) the racing dates awarded | ||||||
19 | to the race track affiliated with the wagering
facility | ||||||
20 | during the succeeding year; (ii) the sums available or | ||||||
21 | anticipated to
be available in the purse account of the | ||||||
22 | race track affiliated with the
wagering facility for purses | ||||||
23 | during the succeeding year; and (iii) the need to
ensure | ||||||
24 | reasonable purse levels during the payment period.
The | ||||||
25 | Board's certification
shall be provided no later than | ||||||
26 | January 31 of the succeeding year.
In the event a wagering |
| |||||||
| |||||||
1 | facility entitled to a payment under this paragraph
(13) is | ||||||
2 | affiliated with a race track that maintains purse accounts | ||||||
3 | for both
standardbred and thoroughbred racing, the amount | ||||||
4 | to be paid to the wagering
facility shall be divided | ||||||
5 | between each purse account pro rata, based on the
amount of | ||||||
6 | Illinois handle on Illinois standardbred and thoroughbred | ||||||
7 | racing
respectively at the wagering facility during the | ||||||
8 | previous calendar year.
Annually, the General Assembly | ||||||
9 | shall appropriate sufficient funds from the
General | ||||||
10 | Revenue Fund to the Department of Agriculture for payment | ||||||
11 | into the
thoroughbred and standardbred horse racing purse | ||||||
12 | accounts at
Illinois pari-mutuel tracks. The amount paid to | ||||||
13 | each purse account shall be
the amount certified by the | ||||||
14 | Illinois Racing Board in January to be
transferred from | ||||||
15 | each account to each eligible racing facility in
accordance | ||||||
16 | with the provisions of this Section.
| ||||||
17 | (h) The Board may approve and license the conduct of | ||||||
18 | inter-track wagering
and simulcast wagering by inter-track | ||||||
19 | wagering licensees and inter-track
wagering location licensees | ||||||
20 | subject to the following terms and conditions:
| ||||||
21 | (1) Any person licensed to conduct a race meeting (i) | ||||||
22 | at a track where
60 or more days of racing were conducted | ||||||
23 | during the immediately preceding
calendar year or where | ||||||
24 | over the 5 immediately preceding calendar years an
average | ||||||
25 | of 30 or more days of racing were conducted annually may be | ||||||
26 | issued an
inter-track wagering license; (ii) at a track
|
| |||||||
| |||||||
1 | located in a county that is bounded by the Mississippi | ||||||
2 | River, which has a
population of less than 150,000 | ||||||
3 | according to the 1990 decennial census, and an
average of | ||||||
4 | at least 60 days of racing per year between 1985 and 1993 | ||||||
5 | may be
issued an inter-track wagering license; or (iii) at | ||||||
6 | a track
located in Madison
County that conducted at least | ||||||
7 | 100 days of live racing during the immediately
preceding
| ||||||
8 | calendar year may be issued an inter-track wagering | ||||||
9 | license, unless a lesser
schedule of
live racing is the | ||||||
10 | result of (A) weather, unsafe track conditions, or other
| ||||||
11 | acts of God; (B)
an agreement between the organization | ||||||
12 | licensee and the associations
representing the
largest | ||||||
13 | number of owners, trainers, jockeys, or standardbred | ||||||
14 | drivers who race
horses at
that organization licensee's | ||||||
15 | racing meeting; or (C) a finding by the Board of
| ||||||
16 | extraordinary circumstances and that it was in the best | ||||||
17 | interest of the public
and the sport to conduct fewer than | ||||||
18 | 100 days of live racing. Any such person
having operating | ||||||
19 | control of the racing facility may receive
inter-track | ||||||
20 | wagering
location licenses. An
eligible race track located | ||||||
21 | in a county that has a population of more than
230,000 and | ||||||
22 | that is bounded by the Mississippi River may establish up | ||||||
23 | to 9
inter-track wagering locations , and an eligible race | ||||||
24 | track located in Stickney Township in Cook County may | ||||||
25 | establish up to 16 inter-track wagering locations , and an | ||||||
26 | eligible race track located in Palatine Township in Cook |
| |||||||
| |||||||
1 | County may establish up to 18 inter-track wagering | ||||||
2 | locations.
An application for
said license shall be filed | ||||||
3 | with the Board prior to such dates as may be
fixed by the | ||||||
4 | Board. With an application for an inter-track
wagering
| ||||||
5 | location license there shall be delivered to the Board a | ||||||
6 | certified check or
bank draft payable to the order of the | ||||||
7 | Board for an amount equal to $500.
The application shall be | ||||||
8 | on forms prescribed and furnished by the Board. The
| ||||||
9 | application shall comply with all other rules,
regulations | ||||||
10 | and conditions imposed by the Board in connection | ||||||
11 | therewith.
| ||||||
12 | (2) The Board shall examine the applications with | ||||||
13 | respect to their
conformity with this Act and the rules and | ||||||
14 | regulations imposed by the
Board. If found to be in | ||||||
15 | compliance with the Act and rules and regulations
of the | ||||||
16 | Board, the Board may then issue a license to conduct | ||||||
17 | inter-track
wagering and simulcast wagering to such | ||||||
18 | applicant. All such applications
shall be acted upon by the | ||||||
19 | Board at a meeting to be held on such date as may be
fixed | ||||||
20 | by the Board.
| ||||||
21 | (3) In granting licenses to conduct inter-track | ||||||
22 | wagering and simulcast
wagering, the Board shall give due | ||||||
23 | consideration to
the best interests of the
public, of horse | ||||||
24 | racing, and of maximizing revenue to the State.
| ||||||
25 | (4) Prior to the issuance of a license to conduct | ||||||
26 | inter-track wagering
and simulcast wagering,
the applicant |
| |||||||
| |||||||
1 | shall file with the Board a bond payable to the State of | ||||||
2 | Illinois
in the sum of $50,000, executed by the applicant | ||||||
3 | and a surety company or
companies authorized to do business | ||||||
4 | in this State, and conditioned upon
(i) the payment by the | ||||||
5 | licensee of all taxes due under Section 27 or 27.1
and any | ||||||
6 | other monies due and payable under this Act, and (ii)
| ||||||
7 | distribution by the licensee, upon presentation of the | ||||||
8 | winning ticket or
tickets, of all sums payable to the | ||||||
9 | patrons of pari-mutuel pools.
| ||||||
10 | (5) Each license to conduct inter-track wagering and | ||||||
11 | simulcast
wagering shall specify the person
to whom it is | ||||||
12 | issued, the dates on which such wagering is permitted, and
| ||||||
13 | the track or location where the wagering is to be | ||||||
14 | conducted.
| ||||||
15 | (6) All wagering under such license is subject to this | ||||||
16 | Act and to the
rules and regulations from time to time | ||||||
17 | prescribed by the Board, and every
such license issued by | ||||||
18 | the Board shall contain a recital to that effect.
| ||||||
19 | (7) An inter-track wagering licensee or inter-track | ||||||
20 | wagering location
licensee may accept wagers at the track | ||||||
21 | or location
where it is licensed, or as otherwise provided | ||||||
22 | under this Act.
| ||||||
23 | (8) Inter-track wagering or simulcast wagering shall | ||||||
24 | not be
conducted
at any track less than 5 miles from a | ||||||
25 | track at which a racing meeting is in
progress.
| ||||||
26 | (8.1) Inter-track wagering location
licensees who |
| |||||||
| |||||||
1 | derive their licenses from a particular organization | ||||||
2 | licensee
shall conduct inter-track wagering and simulcast | ||||||
3 | wagering only at locations that
are within 160 miles of | ||||||
4 | that race track
where
the particular organization licensee | ||||||
5 | is licensed to conduct racing. However, inter-track | ||||||
6 | wagering and simulcast wagering
shall not
be conducted by | ||||||
7 | those licensees at any location within 5 miles of any race
| ||||||
8 | track at which a
horse race meeting has been licensed in | ||||||
9 | the current year, unless the person
having operating | ||||||
10 | control of such race track has given its written consent
to | ||||||
11 | such inter-track wagering location licensees,
which | ||||||
12 | consent
must be filed with the Board at or prior to the | ||||||
13 | time application is made. In the case of any inter-track | ||||||
14 | wagering location licensee initially licensed after | ||||||
15 | December 31, 2013, inter-track wagering and simulcast | ||||||
16 | wagering shall not be conducted by those inter-track | ||||||
17 | wagering location licensees that are located outside the | ||||||
18 | City of Chicago at any location within 8 miles of any race | ||||||
19 | track at which a horse race meeting has been licensed in | ||||||
20 | the current year, unless the person having operating | ||||||
21 | control of such race track has given its written consent to | ||||||
22 | such inter-track wagering location licensees, which | ||||||
23 | consent must be filed with the Board at or prior to the | ||||||
24 | time application is made.
| ||||||
25 | (8.2) Inter-track wagering or simulcast wagering shall | ||||||
26 | not be
conducted by an inter-track
wagering location |
| |||||||
| |||||||
1 | licensee at any location within 500 feet of an
existing
| ||||||
2 | church or existing school, nor within 500 feet of the | ||||||
3 | residences
of more than 50 registered voters without
| ||||||
4 | receiving written permission from a majority of the | ||||||
5 | registered
voters at such residences.
Such written | ||||||
6 | permission statements shall be filed with the Board. The
| ||||||
7 | distance of 500 feet shall be measured to the nearest part | ||||||
8 | of any
building
used for worship services, education | ||||||
9 | programs, residential purposes, or
conducting inter-track | ||||||
10 | wagering by an inter-track wagering location
licensee, and | ||||||
11 | not to property boundaries. However, inter-track wagering | ||||||
12 | or
simulcast wagering may be conducted at a site within 500 | ||||||
13 | feet of
a church, school or residences
of 50 or more | ||||||
14 | registered voters if such church, school
or residences have | ||||||
15 | been erected
or established, or such voters have been | ||||||
16 | registered, after
the Board issues
the original | ||||||
17 | inter-track wagering location license at the site in | ||||||
18 | question.
Inter-track wagering location licensees may | ||||||
19 | conduct inter-track wagering
and simulcast wagering only | ||||||
20 | in areas that are zoned for
commercial or manufacturing | ||||||
21 | purposes or
in areas for which a special use has been | ||||||
22 | approved by the local zoning
authority. However, no license | ||||||
23 | to conduct inter-track wagering and simulcast
wagering | ||||||
24 | shall be
granted by the Board with respect to any | ||||||
25 | inter-track wagering location
within the jurisdiction of | ||||||
26 | any local zoning authority which has, by
ordinance or by |
| |||||||
| |||||||
1 | resolution, prohibited the establishment of an inter-track
| ||||||
2 | wagering location within its jurisdiction. However, | ||||||
3 | inter-track wagering
and simulcast wagering may be | ||||||
4 | conducted at a site if such ordinance or
resolution is | ||||||
5 | enacted after
the Board licenses the original inter-track | ||||||
6 | wagering location
licensee for the site in question.
| ||||||
7 | (9) (Blank).
| ||||||
8 | (10) An inter-track wagering licensee or an | ||||||
9 | inter-track wagering
location licensee may retain, subject | ||||||
10 | to the
payment of the privilege taxes and the purses, an | ||||||
11 | amount not to
exceed 17% of all money wagered. Each program | ||||||
12 | of racing conducted by
each inter-track wagering licensee | ||||||
13 | or inter-track wagering location
licensee shall be | ||||||
14 | considered a separate racing day for the purpose of
| ||||||
15 | determining the daily handle and computing the privilege | ||||||
16 | tax or pari-mutuel
tax on such daily
handle as provided in | ||||||
17 | Section 27.
| ||||||
18 | (10.1) Except as provided in subsection (g) of Section | ||||||
19 | 27 of this Act,
inter-track wagering location licensees | ||||||
20 | shall pay 1% of the
pari-mutuel handle at each location to | ||||||
21 | the municipality in which such
location is situated and 1% | ||||||
22 | of the pari-mutuel handle at each location to
the county in | ||||||
23 | which such location is situated. In the event that an
| ||||||
24 | inter-track wagering location licensee is situated in an | ||||||
25 | unincorporated
area of a county, such licensee shall pay 2% | ||||||
26 | of the pari-mutuel handle from
such location to such |
| |||||||
| |||||||
1 | county.
| ||||||
2 | (10.2) Notwithstanding any other provision of this | ||||||
3 | Act, with respect to inter-track
intertrack wagering at a | ||||||
4 | race track located in a
county that has a population of
| ||||||
5 | more than 230,000 and that is bounded by the Mississippi | ||||||
6 | River ("the first race
track"), or at a facility operated | ||||||
7 | by an inter-track wagering licensee or
inter-track | ||||||
8 | wagering location licensee that derives its license from | ||||||
9 | the
organization licensee that operates the first race | ||||||
10 | track, on races conducted at
the first race track or on | ||||||
11 | races conducted at another Illinois race track
and | ||||||
12 | simultaneously televised to the first race track or to a | ||||||
13 | facility operated
by an inter-track wagering licensee or | ||||||
14 | inter-track wagering location licensee
that derives its | ||||||
15 | license from the organization licensee that operates the | ||||||
16 | first
race track, those moneys shall be allocated as | ||||||
17 | follows:
| ||||||
18 | (A) That portion of all moneys wagered on | ||||||
19 | standardbred racing that is
required under this Act to | ||||||
20 | be paid to purses shall be paid to purses for
| ||||||
21 | standardbred races.
| ||||||
22 | (B) That portion of all moneys wagered on | ||||||
23 | thoroughbred racing
that is required under this Act to | ||||||
24 | be paid to purses shall be paid to purses
for | ||||||
25 | thoroughbred races.
| ||||||
26 | (11) (A) After payment of the privilege or pari-mutuel |
| |||||||
| |||||||
1 | tax, any other
applicable
taxes, and
the costs and expenses | ||||||
2 | in connection with the gathering, transmission, and
| ||||||
3 | dissemination of all data necessary to the conduct of | ||||||
4 | inter-track wagering,
the remainder of the monies retained | ||||||
5 | under either Section 26 or Section 26.2
of this Act by the | ||||||
6 | inter-track wagering licensee on inter-track wagering
| ||||||
7 | shall be allocated with 50% to be split between the
2 | ||||||
8 | participating licensees and 50% to purses, except
that an | ||||||
9 | inter-track intertrack wagering licensee that derives its
| ||||||
10 | license from a track located in a county with a population | ||||||
11 | in excess of 230,000
and that borders the Mississippi River | ||||||
12 | shall not divide any remaining
retention with the Illinois | ||||||
13 | organization licensee that provides the race or
races, and | ||||||
14 | an inter-track intertrack wagering licensee that accepts | ||||||
15 | wagers on races
conducted by an organization licensee that | ||||||
16 | conducts a race meet in a county
with a population in | ||||||
17 | excess of 230,000 and that borders the Mississippi River
| ||||||
18 | shall not divide any remaining retention with that | ||||||
19 | organization licensee.
| ||||||
20 | (B) From the
sums permitted to be retained pursuant to | ||||||
21 | this Act each inter-track wagering
location licensee shall | ||||||
22 | pay (i) the privilege or pari-mutuel tax to the
State; (ii) | ||||||
23 | 4.75% of the
pari-mutuel handle on inter-track intertrack | ||||||
24 | wagering at such location on
races as purses, except that
| ||||||
25 | an inter-track intertrack wagering location licensee that | ||||||
26 | derives its license from a
track located in a county with a |
| |||||||
| |||||||
1 | population in excess of 230,000 and that
borders the | ||||||
2 | Mississippi River shall retain all purse moneys for its own | ||||||
3 | purse
account consistent with distribution set forth in | ||||||
4 | this subsection (h), and inter-track
intertrack wagering | ||||||
5 | location licensees that accept wagers on races
conducted
by | ||||||
6 | an organization licensee located in a county with a | ||||||
7 | population in excess of
230,000 and that borders the | ||||||
8 | Mississippi River shall distribute all purse
moneys to | ||||||
9 | purses at the operating host track; (iii) until January 1, | ||||||
10 | 2000,
except as
provided in
subsection (g) of Section 27 of | ||||||
11 | this Act, 1% of the
pari-mutuel handle wagered on | ||||||
12 | inter-track wagering and simulcast wagering at
each | ||||||
13 | inter-track wagering
location licensee facility to the | ||||||
14 | Horse Racing Tax Allocation Fund, provided
that, to the | ||||||
15 | extent the total amount collected and distributed to the | ||||||
16 | Horse
Racing Tax Allocation Fund under this subsection (h) | ||||||
17 | during any calendar year
exceeds the amount collected and | ||||||
18 | distributed to the Horse Racing Tax Allocation
Fund during | ||||||
19 | calendar year 1994, that excess amount shall be | ||||||
20 | redistributed (I)
to all inter-track wagering location | ||||||
21 | licensees, based on each licensee's
pro-rata share of the | ||||||
22 | total handle from inter-track wagering and simulcast
| ||||||
23 | wagering for all inter-track wagering location licensees | ||||||
24 | during the calendar
year in which this provision is | ||||||
25 | applicable; then (II) the amounts redistributed
to each | ||||||
26 | inter-track wagering location licensee as described in |
| |||||||
| |||||||
1 | subpart (I)
shall be further redistributed as provided in | ||||||
2 | subparagraph (B) of paragraph (5)
of subsection (g) of this | ||||||
3 | Section 26 provided first, that the shares of those
| ||||||
4 | amounts, which are to be redistributed to the host track or | ||||||
5 | to purses at the
host track under subparagraph (B) of | ||||||
6 | paragraph (5) of subsection (g) of this
Section 26 shall be
| ||||||
7 | redistributed based on each host track's pro rata share of | ||||||
8 | the total
inter-track
wagering and simulcast wagering | ||||||
9 | handle at all host tracks during the calendar
year in | ||||||
10 | question, and second, that any amounts redistributed as | ||||||
11 | described in
part (I) to an inter-track wagering location | ||||||
12 | licensee that accepts
wagers on races conducted by an | ||||||
13 | organization licensee that conducts a race meet
in a county | ||||||
14 | with a population in excess of 230,000 and that borders the
| ||||||
15 | Mississippi River shall be further redistributed as | ||||||
16 | provided in subparagraphs
(D) and (E) of paragraph (7) of | ||||||
17 | subsection (g) of this Section 26, with the
portion of that
| ||||||
18 | further redistribution allocated to purses at that | ||||||
19 | organization licensee to be
divided between standardbred | ||||||
20 | purses and thoroughbred purses based on the
amounts | ||||||
21 | otherwise allocated to purses at that organization | ||||||
22 | licensee during the
calendar year in question; and (iv) 8% | ||||||
23 | of the pari-mutuel handle on
inter-track wagering wagered | ||||||
24 | at
such location to satisfy all costs and expenses of | ||||||
25 | conducting its wagering. The
remainder of the monies | ||||||
26 | retained by the inter-track wagering location licensee
|
| |||||||
| |||||||
1 | shall be allocated 40% to the location licensee and 60% to | ||||||
2 | the organization
licensee which provides the Illinois | ||||||
3 | races to the location, except that an inter-track
| ||||||
4 | intertrack wagering location
licensee that derives its | ||||||
5 | license from a track located in a county with a
population | ||||||
6 | in excess of 230,000 and that borders the Mississippi River | ||||||
7 | shall
not divide any remaining retention with the | ||||||
8 | organization licensee that provides
the race or races and | ||||||
9 | an inter-track intertrack wagering location licensee that | ||||||
10 | accepts
wagers on races conducted by an organization | ||||||
11 | licensee that conducts a race meet
in a county with a | ||||||
12 | population in excess of 230,000 and that borders the
| ||||||
13 | Mississippi River shall not divide any remaining retention | ||||||
14 | with the
organization licensee.
Notwithstanding the | ||||||
15 | provisions of clauses (ii) and (iv) of this
paragraph, in | ||||||
16 | the case of the additional inter-track wagering location | ||||||
17 | licenses
authorized under paragraph (1) of this subsection | ||||||
18 | (h) by Public Act 87-110 this amendatory
Act of 1991 , those | ||||||
19 | licensees shall pay the following amounts as purses:
during | ||||||
20 | the first 12 months the licensee is in operation, 5.25% of
| ||||||
21 | the
pari-mutuel handle wagered at the location on races; | ||||||
22 | during the second 12
months, 5.25%; during the third 12 | ||||||
23 | months, 5.75%;
during
the fourth 12 months,
6.25%; and | ||||||
24 | during the fifth 12 months and thereafter, 6.75%. The
| ||||||
25 | following amounts shall be retained by the licensee to | ||||||
26 | satisfy all costs
and expenses of conducting its wagering: |
| |||||||
| |||||||
1 | during the first 12 months the
licensee is in operation, | ||||||
2 | 8.25% of the pari-mutuel handle wagered
at the
location; | ||||||
3 | during the second 12 months, 8.25%; during the third 12
| ||||||
4 | months, 7.75%;
during the fourth 12 months, 7.25%; and | ||||||
5 | during the fifth 12 months
and
thereafter, 6.75%.
For | ||||||
6 | additional inter-track intertrack wagering location | ||||||
7 | licensees authorized under Public Act 89-16 this
| ||||||
8 | amendatory
Act of 1995 , purses for the first 12 months the | ||||||
9 | licensee is in operation shall
be 5.75% of the pari-mutuel | ||||||
10 | wagered
at the location, purses for the second 12 months | ||||||
11 | the licensee is in operation
shall be 6.25%, and purses
| ||||||
12 | thereafter shall be 6.75%. For additional inter-track | ||||||
13 | intertrack location
licensees
authorized under Public Act | ||||||
14 | 89-16
this amendatory Act of 1995 , the licensee shall be | ||||||
15 | allowed to retain to satisfy
all costs and expenses: 7.75% | ||||||
16 | of the pari-mutuel handle wagered at
the location
during | ||||||
17 | its first 12 months of operation, 7.25% during its second
| ||||||
18 | 12
months of
operation, and 6.75% thereafter.
| ||||||
19 | (C) There is hereby created the Horse Racing Tax | ||||||
20 | Allocation Fund
which shall remain in existence until | ||||||
21 | December 31, 1999. Moneys
remaining in the Fund after | ||||||
22 | December 31, 1999
shall be paid into the
General Revenue | ||||||
23 | Fund. Until January 1, 2000,
all monies paid into the Horse | ||||||
24 | Racing Tax Allocation Fund pursuant to this
paragraph (11) | ||||||
25 | by inter-track wagering location licensees located in park
| ||||||
26 | districts of 500,000 population or less, or in a |
| |||||||
| |||||||
1 | municipality that is not
included within any park district | ||||||
2 | but is included within a conservation
district and is the | ||||||
3 | county seat of a county that (i) is contiguous to the state
| ||||||
4 | of Indiana and (ii) has a 1990 population of 88,257 | ||||||
5 | according to the United
States Bureau of the Census, and | ||||||
6 | operating on May 1, 1994 shall be
allocated by | ||||||
7 | appropriation as follows:
| ||||||
8 | Two-sevenths to the Department of Agriculture. | ||||||
9 | Fifty percent of
this two-sevenths shall be used to | ||||||
10 | promote the Illinois horse racing and
breeding | ||||||
11 | industry, and shall be distributed by the Department of | ||||||
12 | Agriculture
upon the advice of a 9-member committee | ||||||
13 | appointed by the Governor consisting of
the following | ||||||
14 | members: the Director of Agriculture, who shall serve | ||||||
15 | as
chairman; 2 representatives of organization | ||||||
16 | licensees conducting thoroughbred
race meetings in | ||||||
17 | this State, recommended by those licensees; 2 | ||||||
18 | representatives
of organization licensees conducting | ||||||
19 | standardbred race meetings in this State,
recommended | ||||||
20 | by those licensees; a representative of the Illinois
| ||||||
21 | Thoroughbred Breeders and Owners Foundation, | ||||||
22 | recommended by that
Foundation; a representative of | ||||||
23 | the Illinois Standardbred Owners and
Breeders | ||||||
24 | Association, recommended
by that Association; a | ||||||
25 | representative of
the Horsemen's Benevolent and | ||||||
26 | Protective Association or any successor
organization |
| |||||||
| |||||||
1 | thereto established in Illinois comprised of the | ||||||
2 | largest number of
owners and trainers, recommended by | ||||||
3 | that
Association or that successor organization; and a
| ||||||
4 | representative of the Illinois Harness Horsemen's
| ||||||
5 | Association, recommended by that Association. | ||||||
6 | Committee members shall
serve for terms of 2 years, | ||||||
7 | commencing January 1 of each even-numbered
year. If a | ||||||
8 | representative of any of the above-named entities has | ||||||
9 | not been
recommended by January 1 of any even-numbered | ||||||
10 | year, the Governor shall
appoint a committee member to | ||||||
11 | fill that position. Committee members shall
receive no | ||||||
12 | compensation for their services as members but shall be
| ||||||
13 | reimbursed for all actual and necessary expenses and | ||||||
14 | disbursements incurred
in the performance of their | ||||||
15 | official duties. The remaining 50% of this
| ||||||
16 | two-sevenths shall be distributed to county fairs for | ||||||
17 | premiums and
rehabilitation as set forth in the | ||||||
18 | Agricultural Fair Act;
| ||||||
19 | Four-sevenths to park districts or municipalities | ||||||
20 | that do not have a
park district of 500,000 population | ||||||
21 | or less for museum purposes (if an
inter-track wagering | ||||||
22 | location licensee is located in such a park district) | ||||||
23 | or
to conservation districts for museum purposes (if an | ||||||
24 | inter-track wagering
location licensee is located in a | ||||||
25 | municipality that is not included within any
park | ||||||
26 | district but is included within a conservation |
| |||||||
| |||||||
1 | district and is the county
seat of a county that (i) is | ||||||
2 | contiguous to the state of Indiana and (ii) has a
1990 | ||||||
3 | population of 88,257 according to the United States | ||||||
4 | Bureau of the Census,
except that if the conservation | ||||||
5 | district does not maintain a museum, the monies
shall | ||||||
6 | be allocated equally between the county and the | ||||||
7 | municipality in which the
inter-track wagering | ||||||
8 | location licensee is located for general purposes) or | ||||||
9 | to a
municipal recreation board for park purposes (if | ||||||
10 | an inter-track wagering
location licensee is located | ||||||
11 | in a municipality that is not included within any
park | ||||||
12 | district and park maintenance is the function of the | ||||||
13 | municipal recreation
board and the municipality has a | ||||||
14 | 1990 population of 9,302 according to the
United States | ||||||
15 | Bureau of the Census); provided that the monies are | ||||||
16 | distributed
to each park district or conservation | ||||||
17 | district or municipality that does not
have a park | ||||||
18 | district in an amount equal to four-sevenths of the | ||||||
19 | amount
collected by each inter-track wagering location | ||||||
20 | licensee within the park
district or conservation | ||||||
21 | district or municipality for the Fund. Monies that
were | ||||||
22 | paid into the Horse Racing Tax Allocation Fund before | ||||||
23 | August 9, 1991 ( the effective date
of Public Act | ||||||
24 | 87-110) this amendatory Act of 1991 by an inter-track | ||||||
25 | wagering location licensee
located in a municipality | ||||||
26 | that is not included within any park district but is
|
| |||||||
| |||||||
1 | included within a conservation district as provided in | ||||||
2 | this paragraph shall, as
soon as practicable after | ||||||
3 | August 9, 1991 ( the effective date of Public Act | ||||||
4 | 87-110) this amendatory Act of 1991 , be
allocated and | ||||||
5 | paid to that conservation district as provided in this | ||||||
6 | paragraph.
Any park district or municipality not | ||||||
7 | maintaining a museum may deposit the
monies in the | ||||||
8 | corporate fund of the park district or municipality | ||||||
9 | where the
inter-track wagering location is located, to | ||||||
10 | be used for general purposes;
and
| ||||||
11 | One-seventh to the Agricultural Premium Fund to be | ||||||
12 | used for distribution
to agricultural home economics | ||||||
13 | extension councils in accordance with "An
Act in | ||||||
14 | relation to additional support and finances for the | ||||||
15 | Agricultural and
Home Economic Extension Councils in | ||||||
16 | the several counties of this State and
making an | ||||||
17 | appropriation therefor", approved July 24, 1967.
| ||||||
18 | Until January 1, 2000, all other
monies paid into the | ||||||
19 | Horse Racing Tax
Allocation Fund pursuant to
this paragraph | ||||||
20 | (11) shall be allocated by appropriation as follows:
| ||||||
21 | Two-sevenths to the Department of Agriculture. | ||||||
22 | Fifty percent of this
two-sevenths shall be used to | ||||||
23 | promote the Illinois horse racing and breeding
| ||||||
24 | industry, and shall be distributed by the Department of | ||||||
25 | Agriculture upon the
advice of a 9-member committee | ||||||
26 | appointed by the Governor consisting of the
following |
| |||||||
| |||||||
1 | members: the Director of Agriculture, who shall serve | ||||||
2 | as chairman; 2
representatives of organization | ||||||
3 | licensees conducting thoroughbred race meetings
in | ||||||
4 | this State, recommended by those licensees; 2 | ||||||
5 | representatives of
organization licensees conducting | ||||||
6 | standardbred race meetings in this State,
recommended | ||||||
7 | by those licensees; a representative of the Illinois | ||||||
8 | Thoroughbred
Breeders and Owners Foundation, | ||||||
9 | recommended by that Foundation; a
representative of | ||||||
10 | the Illinois Standardbred Owners and Breeders | ||||||
11 | Association,
recommended by that Association; a | ||||||
12 | representative of the Horsemen's Benevolent
and | ||||||
13 | Protective Association or any successor organization | ||||||
14 | thereto established
in Illinois comprised of the | ||||||
15 | largest number of owners and trainers,
recommended by | ||||||
16 | that Association or that successor organization; and a
| ||||||
17 | representative of the Illinois Harness Horsemen's | ||||||
18 | Association, recommended by
that Association. | ||||||
19 | Committee members shall serve for terms of 2 years,
| ||||||
20 | commencing January 1 of each even-numbered year. If a | ||||||
21 | representative of any of
the above-named entities has | ||||||
22 | not been recommended by January 1 of any
even-numbered | ||||||
23 | year, the Governor shall appoint a committee member to | ||||||
24 | fill that
position. Committee members shall receive no | ||||||
25 | compensation for their services
as members but shall be | ||||||
26 | reimbursed for all actual and necessary expenses and
|
| |||||||
| |||||||
1 | disbursements incurred in the performance of their | ||||||
2 | official duties. The
remaining 50% of this | ||||||
3 | two-sevenths shall be distributed to county fairs for
| ||||||
4 | premiums and rehabilitation as set forth in the | ||||||
5 | Agricultural Fair Act;
| ||||||
6 | Four-sevenths to museums and aquariums located in | ||||||
7 | park districts of over
500,000 population; provided | ||||||
8 | that the monies are distributed in accordance with
the | ||||||
9 | previous year's distribution of the maintenance tax | ||||||
10 | for such museums and
aquariums as provided in Section 2 | ||||||
11 | of the Park District Aquarium and Museum
Act; and
| ||||||
12 | One-seventh to the Agricultural Premium Fund to be | ||||||
13 | used for distribution
to agricultural home economics | ||||||
14 | extension councils in accordance with "An Act
in | ||||||
15 | relation to additional support and finances for the | ||||||
16 | Agricultural and
Home Economic Extension Councils in | ||||||
17 | the several counties of this State and
making an | ||||||
18 | appropriation therefor", approved July 24, 1967.
This | ||||||
19 | subparagraph (C) shall be inoperative and of no force | ||||||
20 | and effect on and
after January 1, 2000.
| ||||||
21 | (D) Except as provided in paragraph (11) of this | ||||||
22 | subsection (h),
with respect to purse allocation from | ||||||
23 | inter-track intertrack wagering, the monies so
| ||||||
24 | retained shall be divided as follows:
| ||||||
25 | (i) If the inter-track wagering licensee, | ||||||
26 | except an inter-track intertrack
wagering licensee |
| |||||||
| |||||||
1 | that derives its license from an organization
| ||||||
2 | licensee located in a county with a population in | ||||||
3 | excess of 230,000 and bounded
by the Mississippi | ||||||
4 | River, is not conducting its own
race meeting | ||||||
5 | during the same dates, then the entire purse | ||||||
6 | allocation shall be
to purses at the track where | ||||||
7 | the races wagered on are being conducted.
| ||||||
8 | (ii) If the inter-track wagering licensee, | ||||||
9 | except an inter-track intertrack
wagering licensee | ||||||
10 | that derives its license from an organization
| ||||||
11 | licensee located in a county with a population in | ||||||
12 | excess of 230,000 and bounded
by the Mississippi | ||||||
13 | River, is also
conducting its own
race meeting | ||||||
14 | during the same dates, then the purse allocation | ||||||
15 | shall be as
follows: 50% to purses at the track | ||||||
16 | where the races wagered on are
being conducted; 50% | ||||||
17 | to purses at the track where the inter-track
| ||||||
18 | wagering licensee is accepting such wagers.
| ||||||
19 | (iii) If the inter-track wagering is being | ||||||
20 | conducted by an inter-track
wagering location | ||||||
21 | licensee, except an inter-track intertrack | ||||||
22 | wagering location licensee
that derives its | ||||||
23 | license from an organization licensee located in a
| ||||||
24 | county with a population in excess of 230,000 and | ||||||
25 | bounded by the Mississippi
River, the entire purse | ||||||
26 | allocation for Illinois races shall
be to purses at |
| |||||||
| |||||||
1 | the track where the race meeting being wagered on | ||||||
2 | is being
held.
| ||||||
3 | (12) The Board shall have all powers necessary and | ||||||
4 | proper to fully
supervise and control the conduct of
| ||||||
5 | inter-track wagering and simulcast
wagering by inter-track | ||||||
6 | wagering licensees and inter-track wagering location
| ||||||
7 | licensees, including, but not
limited to the following:
| ||||||
8 | (A) The Board is vested with power to promulgate | ||||||
9 | reasonable rules and
regulations for the purpose of | ||||||
10 | administering the
conduct of this
wagering and to | ||||||
11 | prescribe reasonable rules, regulations and conditions | ||||||
12 | under
which such wagering shall be held and conducted. | ||||||
13 | Such rules and regulations
are to provide for the | ||||||
14 | prevention of practices detrimental to the public
| ||||||
15 | interest and for
the best interests of said wagering | ||||||
16 | and to impose penalties
for violations thereof.
| ||||||
17 | (B) The Board, and any person or persons to whom it | ||||||
18 | delegates this
power, is vested with the power to enter | ||||||
19 | the
facilities of any licensee to determine whether | ||||||
20 | there has been
compliance with the provisions of this | ||||||
21 | Act and the rules and regulations
relating to the | ||||||
22 | conduct of such wagering.
| ||||||
23 | (C) The Board, and any person or persons to whom it | ||||||
24 | delegates this
power, may eject or exclude from any | ||||||
25 | licensee's facilities, any person whose
conduct or | ||||||
26 | reputation
is such that his presence on such premises |
| |||||||
| |||||||
1 | may, in the opinion of the Board,
call into the | ||||||
2 | question the honesty and integrity of, or interfere | ||||||
3 | with the
orderly conduct of such wagering; provided, | ||||||
4 | however, that no person shall
be excluded or ejected | ||||||
5 | from such premises solely on the grounds of race,
| ||||||
6 | color, creed, national origin, ancestry, or sex.
| ||||||
7 | (D) (Blank).
| ||||||
8 | (E) The Board is vested with the power to appoint | ||||||
9 | delegates to execute
any of the powers granted to it | ||||||
10 | under this Section for the purpose of
administering | ||||||
11 | this wagering and any
rules and
regulations
| ||||||
12 | promulgated in accordance with this Act.
| ||||||
13 | (F) The Board shall name and appoint a State | ||||||
14 | director of this wagering
who shall be a representative | ||||||
15 | of the Board and whose
duty it shall
be to supervise | ||||||
16 | the conduct of inter-track wagering as may be provided | ||||||
17 | for
by the rules and regulations of the Board; such | ||||||
18 | rules and regulation shall
specify the method of | ||||||
19 | appointment and the Director's powers, authority and
| ||||||
20 | duties.
| ||||||
21 | (G) The Board is vested with the power to impose | ||||||
22 | civil penalties of up
to $5,000 against individuals and | ||||||
23 | up to $10,000 against
licensees for each violation of | ||||||
24 | any provision of
this Act relating to the conduct of | ||||||
25 | this wagering, any
rules adopted
by the Board, any | ||||||
26 | order of the Board or any other action which in the |
| |||||||
| |||||||
1 | Board's
discretion, is a detriment or impediment to | ||||||
2 | such wagering.
| ||||||
3 | (13) The Department of Agriculture may enter into | ||||||
4 | agreements with
licensees authorizing such licensees to | ||||||
5 | conduct inter-track
wagering on races to be held at the | ||||||
6 | licensed race meetings conducted by the
Department of | ||||||
7 | Agriculture. Such
agreement shall specify the races of the | ||||||
8 | Department of Agriculture's
licensed race meeting upon | ||||||
9 | which the licensees will conduct wagering. In the
event | ||||||
10 | that a licensee
conducts inter-track pari-mutuel wagering | ||||||
11 | on races from the Illinois State Fair
or DuQuoin State Fair | ||||||
12 | which are in addition to the licensee's previously
approved | ||||||
13 | racing program, those races shall be considered a separate | ||||||
14 | racing day
for the
purpose of determining the daily handle | ||||||
15 | and computing the privilege or
pari-mutuel tax on
that | ||||||
16 | daily handle as provided in Sections 27
and 27.1. Such
| ||||||
17 | agreements shall be approved by the Board before such | ||||||
18 | wagering may be
conducted. In determining whether to grant | ||||||
19 | approval, the Board shall give
due consideration to the | ||||||
20 | best interests of the public and of horse racing.
The | ||||||
21 | provisions of paragraphs (1), (8), (8.1), and (8.2) of
| ||||||
22 | subsection (h) of this
Section which are not specified in | ||||||
23 | this paragraph (13) shall not apply to
licensed race | ||||||
24 | meetings conducted by the Department of Agriculture at the
| ||||||
25 | Illinois State Fair in Sangamon County or the DuQuoin State | ||||||
26 | Fair in Perry
County, or to any wagering conducted on
those |
| |||||||
| |||||||
1 | race meetings. | ||||||
2 | (14) An inter-track wagering location license | ||||||
3 | authorized by the Board in 2016 that is owned and operated | ||||||
4 | by a race track in Rock Island County shall be transferred | ||||||
5 | to a commonly owned race track in Cook County on August 12, | ||||||
6 | 2016 ( the effective date of Public Act 99-757) this | ||||||
7 | amendatory Act of the 99th General Assembly . The licensee | ||||||
8 | shall retain its status in relation to purse distribution | ||||||
9 | under paragraph (11) of this subsection (h) following the | ||||||
10 | transfer to the new entity. The pari-mutuel tax credit | ||||||
11 | under Section 32.1 shall not be applied toward any | ||||||
12 | pari-mutuel tax obligation of the inter-track wagering | ||||||
13 | location licensee of the license that is transferred under | ||||||
14 | this paragraph (14).
| ||||||
15 | (i) Notwithstanding the other provisions of this Act, the | ||||||
16 | conduct of
wagering at wagering facilities is authorized on all | ||||||
17 | days, except as limited by
subsection (b) of Section 19 of this | ||||||
18 | Act.
| ||||||
19 | (Source: P.A. 98-18, eff. 6-7-13; 98-624, eff. 1-29-14; 98-968, | ||||||
20 | eff. 8-15-14; 99-756, eff. 8-12-16; 99-757, eff. 8-12-16; | ||||||
21 | revised 9-14-16.)
| ||||||
22 | (230 ILCS 5/26.8) | ||||||
23 | Sec. 26.8. Beginning on February 1, 2014 and through | ||||||
24 | December 31, 2018 , each wagering licensee may impose a | ||||||
25 | surcharge of up to 0.5% on winning wagers and winnings from |
| |||||||
| |||||||
1 | wagers. The surcharge shall be deducted from winnings prior to | ||||||
2 | payout. All amounts collected from the imposition of this | ||||||
3 | surcharge shall be evenly distributed to the organization | ||||||
4 | licensee and the purse account of the organization licensee | ||||||
5 | with which the licensee is affiliated. The amounts distributed | ||||||
6 | under this Section shall be in addition to the amounts paid | ||||||
7 | pursuant to paragraph (10) of subsection (h) of Section 26, | ||||||
8 | Section 26.3, Section 26.4, Section 26.5, and Section 26.7.
| ||||||
9 | (Source: P.A. 98-624, eff. 1-29-14; 99-756, eff. 8-12-16.)
| ||||||
10 | (230 ILCS 5/26.9) | ||||||
11 | Sec. 26.9. Beginning on February 1, 2014 and through | ||||||
12 | December 31, 2018 , in addition to the surcharge imposed in | ||||||
13 | Sections 26.3, 26.4, 26.5, 26.7, and 26.8 of this Act, each | ||||||
14 | licensee shall impose a surcharge of 0.2% on winning wagers and | ||||||
15 | winnings from wagers. The surcharge shall be deducted from | ||||||
16 | winnings prior to payout. All amounts collected from the | ||||||
17 | surcharges imposed under this Section shall be remitted to the | ||||||
18 | Board. From amounts collected under this Section, the Board | ||||||
19 | shall deposit an amount not to exceed $100,000 annually into | ||||||
20 | the Quarter Horse Purse Fund and all remaining amounts into the | ||||||
21 | Horse Racing Fund.
| ||||||
22 | (Source: P.A. 98-624, eff. 1-29-14; 99-756, eff. 8-12-16.)
| ||||||
23 | (230 ILCS 5/27) (from Ch. 8, par. 37-27) | ||||||
24 | Sec. 27. (a) In addition to the organization license fee |
| |||||||
| |||||||
1 | provided
by this Act, until January 1, 2000, a
graduated | ||||||
2 | privilege tax is hereby
imposed for conducting
the pari-mutuel | ||||||
3 | system of wagering permitted under this
Act. Until January 1, | ||||||
4 | 2000, except as provided in subsection (g) of
Section 27 of | ||||||
5 | this Act, all of
the breakage of each racing day held by any | ||||||
6 | licensee in the State shall be paid
to the State.
Until January | ||||||
7 | 1, 2000, such daily graduated privilege tax shall be paid by
| ||||||
8 | the
licensee from the amount permitted to be retained under | ||||||
9 | this Act.
Until January 1, 2000, each day's
graduated privilege | ||||||
10 | tax, breakage, and Horse Racing Tax Allocation
funds shall be | ||||||
11 | remitted to the Department of Revenue within 48 hours after the
| ||||||
12 | close of the racing day upon which it is assessed or within | ||||||
13 | such other time as
the Board prescribes. The privilege tax | ||||||
14 | hereby imposed, until January
1, 2000, shall be a flat tax at
| ||||||
15 | the rate of 2% of the daily pari-mutuel handle except as | ||||||
16 | provided in Section
27.1. | ||||||
17 | In addition, every organization licensee, except as
| ||||||
18 | provided in Section 27.1 of this Act, which conducts multiple
| ||||||
19 | wagering shall pay, until January 1, 2000,
as a privilege tax | ||||||
20 | on multiple
wagers an amount
equal to 1.25% of all moneys | ||||||
21 | wagered each day on such multiple wagers,
plus an additional | ||||||
22 | amount equal to 3.5% of the amount wagered each day on any
| ||||||
23 | other multiple wager which involves a single
betting interest | ||||||
24 | on 3 or more horses. The licensee shall remit the amount of
| ||||||
25 | such taxes to the Department of Revenue within 48 hours after | ||||||
26 | the close of
the racing day on which it is assessed or within |
| |||||||
| |||||||
1 | such other time as the Board
prescribes. | ||||||
2 | This subsection (a) shall be inoperative and of no force | ||||||
3 | and effect on and
after January 1, 2000. | ||||||
4 | (a-5) Beginning on January 1, 2000, a
flat
pari-mutuel tax | ||||||
5 | at the rate of 1.5% of
the daily
pari-mutuel handle is imposed | ||||||
6 | at all pari-mutuel wagering facilities and on advance deposit | ||||||
7 | wagering from a location other than a wagering facility, except | ||||||
8 | as otherwise provided for in this subsection (a-5). In addition | ||||||
9 | to the pari-mutuel tax imposed on advance deposit wagering | ||||||
10 | pursuant to this subsection (a-5), beginning on August 24, 2012 | ||||||
11 | (the effective date of Public Act 97-1060) and through December | ||||||
12 | 31, 2018 , an additional pari-mutuel tax at the rate of 0.25% | ||||||
13 | shall be imposed on advance deposit wagering. Until August 25, | ||||||
14 | 2012, the additional 0.25% pari-mutuel tax imposed on advance | ||||||
15 | deposit wagering by Public Act 96-972 shall be deposited into | ||||||
16 | the Quarter Horse Purse Fund, which shall be created as a | ||||||
17 | non-appropriated trust fund administered by the Board for | ||||||
18 | grants to thoroughbred organization licensees for payment of | ||||||
19 | purses for quarter horse races conducted by the organization | ||||||
20 | licensee. Beginning on August 26, 2012, the additional 0.25% | ||||||
21 | pari-mutuel tax imposed on advance deposit wagering shall be | ||||||
22 | deposited into the Standardbred Purse Fund, which shall be | ||||||
23 | created as a non-appropriated trust fund administered by the | ||||||
24 | Board, for grants to the standardbred organization licensees | ||||||
25 | for payment of purses for standardbred horse races conducted by | ||||||
26 | the organization licensee. Thoroughbred organization licensees |
| |||||||
| |||||||
1 | may petition the Board to conduct quarter horse racing and | ||||||
2 | receive purse grants from the Quarter Horse Purse Fund. The | ||||||
3 | Board shall have complete discretion in distributing the | ||||||
4 | Quarter Horse Purse Fund to the petitioning organization | ||||||
5 | licensees. Beginning on July 26, 2010 (the effective date of | ||||||
6 | Public Act 96-1287), a pari-mutuel tax at the rate of 0.75% of | ||||||
7 | the daily pari-mutuel handle is imposed at a pari-mutuel | ||||||
8 | facility whose license is derived from a track located in a | ||||||
9 | county that borders the Mississippi River and conducted live | ||||||
10 | racing in the previous year. The pari-mutuel tax imposed by | ||||||
11 | this subsection (a-5)
shall be remitted to the Department of
| ||||||
12 | Revenue within 48 hours after the close of the racing day upon | ||||||
13 | which it is
assessed or within such other time as the Board | ||||||
14 | prescribes. | ||||||
15 | (b) On or before December 31, 1999, in
the event that any | ||||||
16 | organization
licensee conducts
2 separate programs
of races on | ||||||
17 | any day, each such program shall be considered a separate
| ||||||
18 | racing day for purposes of determining the daily handle and | ||||||
19 | computing
the privilege tax on such daily handle as provided in | ||||||
20 | subsection (a) of
this Section. | ||||||
21 | (c) Licensees shall at all times keep accurate
books
and | ||||||
22 | records of all monies wagered on each day of a race meeting and | ||||||
23 | of
the taxes paid to the Department of Revenue under the | ||||||
24 | provisions of this
Section. The Board or its duly authorized | ||||||
25 | representative or
representatives shall at all reasonable | ||||||
26 | times have access to such
records for the purpose of examining |
| |||||||
| |||||||
1 | and checking the same and
ascertaining whether the proper | ||||||
2 | amount of taxes is being paid as
provided. The Board shall | ||||||
3 | require verified reports and a statement of
the total of all | ||||||
4 | monies wagered daily at each wagering facility upon which
the | ||||||
5 | taxes are assessed and may prescribe forms upon which such | ||||||
6 | reports
and statement shall be made. | ||||||
7 | (d) Any licensee failing or refusing to pay the amount
of | ||||||
8 | any tax due under this Section shall be guilty of a business | ||||||
9 | offense
and upon conviction shall be fined not more than $5,000 | ||||||
10 | in addition to
the amount found due as tax under this Section. | ||||||
11 | Each day's violation
shall constitute a separate offense. All | ||||||
12 | fines paid into Court by a licensee hereunder shall be | ||||||
13 | transmitted and paid over by
the Clerk of the Court to the | ||||||
14 | Board. | ||||||
15 | (e) No other license fee, privilege tax, excise tax, or
| ||||||
16 | racing fee, except as provided in this Act, shall be assessed | ||||||
17 | or
collected from any such licensee by the State. | ||||||
18 | (f) No other license fee, privilege tax, excise tax or | ||||||
19 | racing fee shall be
assessed or collected from any such | ||||||
20 | licensee by units of local government
except as provided in | ||||||
21 | paragraph 10.1 of subsection (h) and subsection (f) of
Section | ||||||
22 | 26 of this Act. However, any municipality that has a Board | ||||||
23 | licensed
horse race meeting at a race track wholly within its | ||||||
24 | corporate boundaries or a
township that has a Board licensed | ||||||
25 | horse race meeting at a race track wholly
within the | ||||||
26 | unincorporated area of the township may charge a local
|
| |||||||
| |||||||
1 | amusement tax not to exceed 10¢ per admission to such horse | ||||||
2 | race meeting
by the enactment of an ordinance. However, any | ||||||
3 | municipality or county
that has a Board licensed inter-track | ||||||
4 | wagering location facility wholly
within its corporate | ||||||
5 | boundaries may each impose an admission fee not
to exceed $1.00 | ||||||
6 | per admission to such inter-track wagering location facility,
| ||||||
7 | so that a total of not more than $2.00 per admission may be | ||||||
8 | imposed.
Except as provided in subparagraph (g) of Section 27 | ||||||
9 | of this Act, the
inter-track wagering location licensee shall | ||||||
10 | collect any and all such fees
and within 48 hours remit the | ||||||
11 | fees to the Board, which shall, pursuant to
rule, cause the | ||||||
12 | fees to be distributed to the county or municipality. | ||||||
13 | (g) Notwithstanding any provision in this Act to the | ||||||
14 | contrary, if in any
calendar year the total taxes and fees | ||||||
15 | required to be collected from
licensees and distributed under | ||||||
16 | this Act to all State and local governmental
authorities | ||||||
17 | exceeds the amount of such taxes and fees distributed to each | ||||||
18 | State
and local governmental authority to which each State and | ||||||
19 | local governmental
authority was entitled under this Act for | ||||||
20 | calendar year 1994, then the first
$11 million of that excess | ||||||
21 | amount shall be allocated at the earliest possible
date for | ||||||
22 | distribution as purse money for the succeeding calendar year.
| ||||||
23 | Upon reaching the 1994 level, and until the excess amount of | ||||||
24 | taxes and fees
exceeds $11 million, the Board shall direct all | ||||||
25 | licensees to cease paying the
subject taxes and fees and the | ||||||
26 | Board shall direct all licensees to allocate any such excess |
| |||||||
| |||||||
1 | amount for purses as
follows: | ||||||
2 | (i) the excess amount shall be initially divided | ||||||
3 | between thoroughbred and
standardbred purses based on the | ||||||
4 | thoroughbred's and standardbred's respective
percentages | ||||||
5 | of total Illinois live wagering in calendar year 1994; | ||||||
6 | (ii) each thoroughbred and standardbred organization | ||||||
7 | licensee issued an
organization licensee in that | ||||||
8 | succeeding allocation year shall
be
allocated an amount | ||||||
9 | equal to the product of its percentage of total
Illinois
| ||||||
10 | live thoroughbred or standardbred wagering in calendar | ||||||
11 | year 1994 (the total to
be determined based on the sum of | ||||||
12 | 1994 on-track wagering for all organization
licensees | ||||||
13 | issued organization licenses in both the allocation year | ||||||
14 | and the
preceding year) multiplied by
the total amount | ||||||
15 | allocated for standardbred or thoroughbred purses, | ||||||
16 | provided
that the first $1,500,000 of the amount allocated | ||||||
17 | to standardbred
purses under item (i) shall be allocated to | ||||||
18 | the Department of
Agriculture to be expended with the | ||||||
19 | assistance and advice of the Illinois
Standardbred | ||||||
20 | Breeders Funds Advisory Board for the purposes listed in
| ||||||
21 | subsection (g) of Section 31 of this Act, before the amount | ||||||
22 | allocated to
standardbred purses under item (i) is | ||||||
23 | allocated to standardbred
organization licensees in the | ||||||
24 | succeeding allocation year. | ||||||
25 | To the extent the excess amount of taxes and fees to be | ||||||
26 | collected and
distributed to State and local governmental |
| |||||||
| |||||||
1 | authorities exceeds $11 million,
that excess amount shall be | ||||||
2 | collected and distributed to State and local
authorities as | ||||||
3 | provided for under this Act. | ||||||
4 | (Source: P.A. 98-18, eff. 6-7-13; 98-624, eff. 1-29-14; 99-756, | ||||||
5 | eff. 8-12-16.)
| ||||||
6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.
|