Bill Text: IL HB2883 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Illinois Horse Racing Act of 1975. Authorizes organization licensees to offer wagering on standardbred, quarter horse, and thoroughbred historical horse races. Requires the prior written approval of the Illinois Racing Board. Provides guidelines for the conduct of wagering on historical horse races. Defines "historical horse race", "initial seed pool", "seed pool", and "terminal". Effective immediately.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2019-01-08 - Session Sine Die [HB2883 Detail]

Download: Illinois-2017-HB2883-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB2883 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
230 ILCS 5/3.31 new
230 ILCS 5/3.32 new
230 ILCS 5/3.33 new
230 ILCS 5/3.34 new
230 ILCS 5/26 from Ch. 8, par. 37-26
230 ILCS 5/26.10 new
Amends the Illinois Horse Racing Act of 1975. Authorizes organization licensees to offer wagering on standardbred, quarter horse, and thoroughbred historical horse races. Requires the prior written approval of the Illinois Racing Board. Provides guidelines for the conduct of wagering on historical horse races. Defines "historical horse race", "initial seed pool", "seed pool", and "terminal". Effective immediately.
LRB100 10426 MJP 20632 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning gaming.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Horse Racing Act of 1975 is amended
by changing Section 26 and by adding Sections 3.31, 3.32, 3.33,
3.34, and 26.10 as follows:
(230 ILCS 5/3.31 new)
Sec. 3.31. Historical horse race. "Historical horse race"
means a horse race that: (1) was previously run at a licensed
pari-mutuel facility located in the United States, (2)
concluded with official results, and (3) concluded without
scratches, disqualifications, or dead-heat finishes.
(230 ILCS 5/3.32 new)
Sec. 3.32. Initial seed pool. "Initial seed pool" means a
nonrefundable pool of money funded by an organization licensee
in an amount sufficient to ensure that a patron will be paid
the minimum amount required on a winning wager on a historical
horse race.
(230 ILCS 5/3.33 new)
Sec. 3.33. Seed pool. "Seed pool" means a pool of money
funded by patrons wagering on a historical horse race that is

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used to ensure that all patrons are paid the minimum payout on
winning wagers.
(230 ILCS 5/3.34 new)
Sec. 3.34. Terminal. "Terminal" means any self-service
totalizator machine or other mechanical equipment used by a
patron to place a pari-mutuel wager on a live or historical
horse race.
(230 ILCS 5/26) (from Ch. 8, par. 37-26)
Sec. 26. Wagering.
(a) Any licensee may conduct and supervise the pari-mutuel
system of wagering, as defined in Section 3.12 of this Act, on
horse races conducted by an Illinois organization licensee or
conducted at a racetrack located in another state or country
and televised in Illinois in accordance with subsection (g) of
Section 26 of this Act. Subject to the prior consent of the
Board, licensees may supplement any pari-mutuel pool in order
to guarantee a minimum distribution. Such pari-mutuel method of
wagering shall not, under any circumstances if conducted under
the provisions of this Act, be held or construed to be
unlawful, other statutes of this State to the contrary
notwithstanding. Subject to rules for advance wagering
promulgated by the Board, any licensee may accept wagers in
advance of the day of the race wagered upon occurs.
Subject to rules adopted by the Board, a licensee may

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accept wagers on historical horse races as authorized in
Section 26.10 on standardbred horse racing, quarter horse
racing, and thoroughbred horse racing. Within 180 days after
the effective date of this amendatory Act of the 100th General
Assembly, the Board shall adopt rules necessary to regulate
wagering on historical horse races through the use of emergency
rulemaking in accordance with Section 5-45 of the Illinois
Administrative Procedure Act. The General Assembly finds that
the adoption of rules to regulate wagering on historical horse
races is deemed an emergency and necessary for the public
interest, safety, and welfare.
(b) No other method of betting, pool making, wagering or
gambling shall be used or permitted by the licensee. Each
licensee may retain, subject to the payment of all applicable
taxes and purses, an amount not to exceed 17% of all money
wagered under subsection (a) of this Section, except as may
otherwise be permitted under this Act.
(b-5) An individual may place a wager under the pari-mutuel
system from any licensed location authorized under this Act
provided that wager is electronically recorded in the manner
described in Section 3.12 of this Act. Any wager made
electronically by an individual while physically on the
premises of a licensee shall be deemed to have been made at the
premises of that licensee.
(c) Until January 1, 2000, the sum held by any licensee for
payment of outstanding pari-mutuel tickets, if unclaimed prior

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to December 31 of the next year, shall be retained by the
licensee for payment of such tickets until that date. Within 10
days thereafter, the balance of such sum remaining unclaimed,
less any uncashed supplements contributed by such licensee for
the purpose of guaranteeing minimum distributions of any
pari-mutuel pool, shall be paid to the Illinois Veterans'
Rehabilitation Fund of the State treasury, except as provided
in subsection (g) of Section 27 of this Act.
(c-5) Beginning January 1, 2000, the sum held by any
licensee for payment of outstanding pari-mutuel tickets, if
unclaimed prior to December 31 of the next year, shall be
retained by the licensee for payment of such tickets until that
date. Within 10 days thereafter, the balance of such sum
remaining unclaimed, less any uncashed supplements contributed
by such licensee for the purpose of guaranteeing minimum
distributions of any pari-mutuel pool, shall be evenly
distributed to the purse account of the organization licensee
and the organization licensee.
(d) A pari-mutuel ticket shall be honored until December 31
of the next calendar year, and the licensee shall pay the same
and may charge the amount thereof against unpaid money
similarly accumulated on account of pari-mutuel tickets not
presented for payment.
(e) No licensee shall knowingly permit any minor, other
than an employee of such licensee or an owner, trainer, jockey,
driver, or employee thereof, to be admitted during a racing

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program unless accompanied by a parent or guardian, or any
minor to be a patron of the pari-mutuel system of wagering
conducted or supervised by it. The admission of any
unaccompanied minor, other than an employee of the licensee or
an owner, trainer, jockey, driver, or employee thereof at a
race track is a Class C misdemeanor.
(f) Notwithstanding the other provisions of this Act, an
organization licensee may contract with an entity in another
state or country to permit any legal wagering entity in another
state or country to accept wagers solely within such other
state or country on races conducted by the organization
licensee in this State. Beginning January 1, 2000, these wagers
shall not be subject to State taxation. Until January 1, 2000,
when the out-of-State entity conducts a pari-mutuel pool
separate from the organization licensee, a privilege tax equal
to 7 1/2% of all monies received by the organization licensee
from entities in other states or countries pursuant to such
contracts is imposed on the organization licensee, and such
privilege tax shall be remitted to the Department of Revenue
within 48 hours of receipt of the moneys from the simulcast.
When the out-of-State entity conducts a combined pari-mutuel
pool with the organization licensee, the tax shall be 10% of
all monies received by the organization licensee with 25% of
the receipts from this 10% tax to be distributed to the county
in which the race was conducted.
An organization licensee may permit one or more of its

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races to be utilized for pari-mutuel wagering at one or more
locations in other states and may transmit audio and visual
signals of races the organization licensee conducts to one or
more locations outside the State or country and may also permit
pari-mutuel pools in other states or countries to be combined
with its gross or net wagering pools or with wagering pools
established by other states.
(g) A host track may accept interstate simulcast wagers on
horse races conducted in other states or countries and shall
control the number of signals and types of breeds of racing in
its simulcast program, subject to the disapproval of the Board.
The Board may prohibit a simulcast program only if it finds
that the simulcast program is clearly adverse to the integrity
of racing. The host track simulcast program shall include the
signal of live racing of all organization licensees. All
non-host licensees and advance deposit wagering licensees
shall carry the signal of and accept wagers on live racing of
all organization licensees. Advance deposit wagering licensees
shall not be permitted to accept out-of-state wagers on any
Illinois signal provided pursuant to this Section without the
approval and consent of the organization licensee providing the
signal. For one year after August 15, 2014 (the effective date
of Public Act 98-968) this amendatory Act of the 98th General
Assembly, non-host licensees may carry the host track simulcast
program and shall accept wagers on all races included as part
of the simulcast program of horse races conducted at race

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tracks located within North America upon which wagering is
permitted. For a period of one year after August 15, 2014 (the
effective date of Public Act 98-968) this amendatory Act of the
98th General Assembly, on horse races conducted at race tracks
located outside of North America, non-host licensees may accept
wagers on all races included as part of the simulcast program
upon which wagering is permitted. Beginning August 15, 2015
(one year after the effective date of Public Act 98-968) this
amendatory Act of the 98th General Assembly, non-host licensees
may carry the host track simulcast program and shall accept
wagers on all races included as part of the simulcast program
upon which wagering is permitted. All organization licensees
shall provide their live signal to all advance deposit wagering
licensees for a simulcast commission fee not to exceed 6% of
the advance deposit wagering licensee's Illinois handle on the
organization licensee's signal without prior approval by the
Board. The Board may adopt rules under which it may permit
simulcast commission fees in excess of 6%. The Board shall
adopt rules limiting the interstate commission fees charged to
an advance deposit wagering licensee. The Board shall adopt
rules regarding advance deposit wagering on interstate
simulcast races that shall reflect, among other things, the
General Assembly's desire to maximize revenues to the State,
horsemen purses, and organization organizational licensees.
However, organization licensees providing live signals
pursuant to the requirements of this subsection (g) may

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

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fees, shall be uniformly applied to the host track and all
non-host licensees.
Notwithstanding any other provision of this Act, through
December 31, 2018, an organization licensee, with the consent
of the horsemen association representing the largest number of
owners, trainers, jockeys, or standardbred drivers who race
horses at that organization licensee's racing meeting, may
maintain a system whereby advance deposit wagering may take
place or an organization licensee, with the consent of the
horsemen association representing the largest number of
owners, trainers, jockeys, or standardbred drivers who race
horses at that organization licensee's racing meeting, may
contract with another person to carry out a system of advance
deposit wagering. Such consent may not be unreasonably
withheld. Only with respect to an appeal to the Board that
consent for an organization licensee that maintains its own
advance deposit wagering system is being unreasonably
withheld, the Board shall issue a final order within 30 days
after initiation of the appeal, and the organization licensee's
advance deposit wagering system may remain operational during
that 30-day period. The actions of any organization licensee
who conducts advance deposit wagering or any person who has a
contract with an organization licensee to conduct advance
deposit wagering who conducts advance deposit wagering on or
after January 1, 2013 and prior to June 7, 2013 (the effective
date of Public Act 98-18) this amendatory Act of the 98th

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General Assembly taken in reliance on the changes made to this
subsection (g) by Public Act 98-18 this amendatory Act of the
98th General Assembly are hereby validated, provided payment of
all applicable pari-mutuel taxes are remitted to the Board. All
advance deposit wagers placed from within Illinois must be
placed through a Board-approved advance deposit wagering
licensee; no other entity may accept an advance deposit wager
from a person within Illinois. All advance deposit wagering is
subject to any rules adopted by the Board. The Board may adopt
rules necessary to regulate advance deposit wagering through
the use of emergency rulemaking in accordance with Section 5-45
of the Illinois Administrative Procedure Act. The General
Assembly finds that the adoption of rules to regulate advance
deposit wagering is deemed an emergency and necessary for the
public interest, safety, and welfare. An advance deposit
wagering licensee may retain all moneys as agreed to by
contract with an organization licensee. Any moneys retained by
the organization licensee from advance deposit wagering, not
including moneys retained by the advance deposit wagering
licensee, shall be paid 50% to the organization licensee's
purse account and 50% to the organization licensee. With the
exception of any organization licensee that is owned by a
publicly traded company that is incorporated in a state other
than Illinois and advance deposit wagering licensees under
contract with such organization licensees, organization
licensees that maintain advance deposit wagering systems and

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advance deposit wagering licensees that contract with
organization licensees shall provide sufficiently detailed
monthly accountings to the horsemen association representing
the largest number of owners, trainers, jockeys, or
standardbred drivers who race horses at that organization
licensee's racing meeting so that the horsemen association, as
an interested party, can confirm the accuracy of the amounts
paid to the purse account at the horsemen association's
affiliated organization licensee from advance deposit
wagering. If more than one breed races at the same race track
facility, then the 50% of the moneys to be paid to an
organization licensee's purse account shall be allocated among
all organization licensees' purse accounts operating at that
race track facility proportionately based on the actual number
of host days that the Board grants to that breed at that race
track facility in the current calendar year. To the extent any
fees from advance deposit wagering conducted in Illinois for
wagers in Illinois or other states have been placed in escrow
or otherwise withheld from wagers pending a determination of
the legality of advance deposit wagering, no action shall be
brought to declare such wagers or the disbursement of any fees
previously escrowed illegal.
(1) Between the hours of 6:30 a.m. and 6:30 p.m. an
inter-track intertrack wagering licensee other than the
host track may supplement the host track simulcast program
with additional simulcast races or race programs, provided

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that between January 1 and the third Friday in February of
any year, inclusive, if no live thoroughbred racing is
occurring in Illinois during this period, only
thoroughbred races may be used for supplemental interstate
simulcast purposes. The Board shall withhold approval for a
supplemental interstate simulcast only if it finds that the
simulcast is clearly adverse to the integrity of racing. A
supplemental interstate simulcast may be transmitted from
an inter-track intertrack wagering licensee to its
affiliated non-host licensees. The interstate commission
fee for a supplemental interstate simulcast shall be paid
by the non-host licensee and its affiliated non-host
licensees receiving the simulcast.
(2) Between the hours of 6:30 p.m. and 6:30 a.m. an
inter-track intertrack wagering licensee other than the
host track may receive supplemental interstate simulcasts
only with the consent of the host track, except when the
Board finds that the simulcast is clearly adverse to the
integrity of racing. Consent granted under this paragraph
(2) to any inter-track intertrack wagering licensee shall
be deemed consent to all non-host licensees. The interstate
commission fee for the supplemental interstate simulcast
shall be paid by all participating non-host licensees.
(3) Each licensee conducting interstate simulcast
wagering may retain, subject to the payment of all
applicable taxes and the purses, an amount not to exceed

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17% of all money wagered. If any licensee conducts the
pari-mutuel system wagering on races conducted at
racetracks in another state or country, each such race or
race program shall be considered a separate racing day for
the purpose of determining the daily handle and computing
the privilege tax of that daily handle as provided in
subsection (a) of Section 27. Until January 1, 2000, from
the sums permitted to be retained pursuant to this
subsection, each inter-track intertrack wagering location
licensee shall pay 1% of the pari-mutuel handle wagered on
simulcast wagering to the Horse Racing Tax Allocation Fund,
subject to the provisions of subparagraph (B) of paragraph
(11) of subsection (h) of Section 26 of this Act.
(4) A licensee who receives an interstate simulcast may
combine its gross or net pools with pools at the sending
racetracks pursuant to rules established by the Board. All
licensees combining their gross pools at a sending
racetrack shall adopt the take-out percentages of the
sending racetrack. A licensee may also establish a separate
pool and takeout structure for wagering purposes on races
conducted at race tracks outside of the State of Illinois.
The licensee may permit pari-mutuel wagers placed in other
states or countries to be combined with its gross or net
wagering pools or other wagering pools.
(5) After the payment of the interstate commission fee
(except for the interstate commission fee on a supplemental

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interstate simulcast, which shall be paid by the host track
and by each non-host licensee through the host-track) and
all applicable State and local taxes, except as provided in
subsection (g) of Section 27 of this Act, the remainder of
moneys retained from simulcast wagering pursuant to this
subsection (g), and Section 26.2 shall be divided as
follows:
(A) For interstate simulcast wagers made at a host
track, 50% to the host track and 50% to purses at the
host track.
(B) For wagers placed on interstate simulcast
races, supplemental simulcasts as defined in
subparagraphs (1) and (2), and separately pooled races
conducted outside of the State of Illinois made at a
non-host licensee, 25% to the host track, 25% to the
non-host licensee, and 50% to the purses at the host
track.
(6) Notwithstanding any provision in this Act to the
contrary, non-host licensees who derive their licenses
from a track located in a county with a population in
excess of 230,000 and that borders the Mississippi River
may receive supplemental interstate simulcast races at all
times subject to Board approval, which shall be withheld
only upon a finding that a supplemental interstate
simulcast is clearly adverse to the integrity of racing.
(7) Notwithstanding any provision of this Act to the

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contrary, after payment of all applicable State and local
taxes and interstate commission fees, non-host licensees
who derive their licenses from a track located in a county
with a population in excess of 230,000 and that borders the
Mississippi River shall retain 50% of the retention from
interstate simulcast wagers and shall pay 50% to purses at
the track from which the non-host licensee derives its
license as follows:
(A) Between January 1 and the third Friday in
February, inclusive, if no live thoroughbred racing is
occurring in Illinois during this period, when the
interstate simulcast is a standardbred race, the purse
share to its standardbred purse account;
(B) Between January 1 and the third Friday in
February, inclusive, if no live thoroughbred racing is
occurring in Illinois during this period, and the
interstate simulcast is a thoroughbred race, the purse
share to its interstate simulcast purse pool to be
distributed under paragraph (10) of this subsection
(g);
(C) Between January 1 and the third Friday in
February, inclusive, if live thoroughbred racing is
occurring in Illinois, between 6:30 a.m. and 6:30 p.m.
the purse share from wagers made during this time
period to its thoroughbred purse account and between
6:30 p.m. and 6:30 a.m. the purse share from wagers

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made during this time period to its standardbred purse
accounts;
(D) Between the third Saturday in February and
December 31, when the interstate simulcast occurs
between the hours of 6:30 a.m. and 6:30 p.m., the purse
share to its thoroughbred purse account;
(E) Between the third Saturday in February and
December 31, when the interstate simulcast occurs
between the hours of 6:30 p.m. and 6:30 a.m., the purse
share to its standardbred purse account.
(7.1) Notwithstanding any other provision of this Act
to the contrary, if no standardbred racing is conducted at
a racetrack located in Madison County during any calendar
year beginning on or after January 1, 2002, all moneys
derived by that racetrack from simulcast wagering and
inter-track wagering that (1) are to be used for purses and
(2) are generated between the hours of 6:30 p.m. and 6:30
a.m. during that calendar year shall be paid as follows:
(A) If the licensee that conducts horse racing at
that racetrack requests from the Board at least as many
racing dates as were conducted in calendar year 2000,
80% shall be paid to its thoroughbred purse account;
and
(B) Twenty percent shall be deposited into the
Illinois Colt Stakes Purse Distribution Fund and shall
be paid to purses for standardbred races for Illinois

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

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(B) Twenty percent shall be deposited into the
Illinois Colt Stakes Purse Distribution Fund. Moneys
deposited into the Illinois Colt Stakes Purse
Distribution Fund pursuant to this subparagraph (B)
shall be paid to Illinois conceived and foaled
thoroughbred breeders' programs and to thoroughbred
purses for races conducted at any county fairgrounds
for Illinois conceived and foaled horses at the
discretion of the Department of Agriculture, with the
advice and assistance of the Illinois Thoroughbred
Breeders Fund Advisory Board. The moneys deposited
into the Illinois Colt Stakes Purse Distribution Fund
pursuant to this subparagraph (B) shall be deposited
within 2 weeks after the day they were generated, shall
be in addition to and not in lieu of any other moneys
paid to thoroughbred purses under this Act, and shall
not be commingled with other moneys deposited into that
Fund.
(7.3) If no live standardbred racing is conducted at a
racetrack located in Madison County in calendar year 2000
or 2001, an organization licensee who is licensed to
conduct horse racing at that racetrack shall, before
January 1, 2002, pay all moneys derived from simulcast
wagering and inter-track wagering in calendar years 2000
and 2001 and paid into the licensee's standardbred purse
account as follows:

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(A) Eighty percent to that licensee's thoroughbred
purse account to be used for thoroughbred purses; and
(B) Twenty percent to the Illinois Colt Stakes
Purse Distribution Fund.
Failure to make the payment to the Illinois Colt Stakes
Purse Distribution Fund before January 1, 2002 shall result
in the immediate revocation of the licensee's organization
license, inter-track wagering license, and inter-track
wagering location license.
Moneys paid into the Illinois Colt Stakes Purse
Distribution Fund pursuant to this paragraph (7.3) shall be
paid to purses for standardbred races for Illinois
conceived and foaled horses conducted at any county
fairgrounds. Moneys paid into the Illinois Colt Stakes
Purse Distribution Fund pursuant to this paragraph (7.3)
shall be used as determined by the Department of
Agriculture, with the advice and assistance of the Illinois
Standardbred Breeders Fund Advisory Board, shall be in
addition to and not in lieu of any other moneys paid to
standardbred purses under this Act, and shall not be
commingled with any other moneys paid into that Fund.
(7.4) If live standardbred racing is conducted at a
racetrack located in Madison County at any time in calendar
year 2001 before the payment required under paragraph (7.3)
has been made, the organization licensee who is licensed to
conduct racing at that racetrack shall pay all moneys

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derived by that racetrack from simulcast wagering and
inter-track wagering during calendar years 2000 and 2001
that (1) are to be used for purses and (2) are generated
between the hours of 6:30 p.m. and 6:30 a.m. during 2000 or
2001 to the standardbred purse account at that racetrack to
be used for standardbred purses.
(8) Notwithstanding any provision in this Act to the
contrary, an organization licensee from a track located in
a county with a population in excess of 230,000 and that
borders the Mississippi River and its affiliated non-host
licensees shall not be entitled to share in any retention
generated on racing, inter-track wagering, or simulcast
wagering at any other Illinois wagering facility.
(8.1) Notwithstanding any provisions in this Act to the
contrary, if 2 organization licensees are conducting
standardbred race meetings concurrently between the hours
of 6:30 p.m. and 6:30 a.m., after payment of all applicable
State and local taxes and interstate commission fees, the
remainder of the amount retained from simulcast wagering
otherwise attributable to the host track and to host track
purses shall be split daily between the 2 organization
licensees and the purses at the tracks of the 2
organization licensees, respectively, based on each
organization licensee's share of the total live handle for
that day, provided that this provision shall not apply to
any non-host licensee that derives its license from a track

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located in a county with a population in excess of 230,000
and that borders the Mississippi River.
(9) (Blank).
(10) (Blank).
(11) (Blank).
(12) The Board shall have authority to compel all host
tracks to receive the simulcast of any or all races
conducted at the Springfield or DuQuoin State fairgrounds
and include all such races as part of their simulcast
programs.
(13) Notwithstanding any other provision of this Act,
in the event that the total Illinois pari-mutuel handle on
Illinois horse races at all wagering facilities in any
calendar year is less than 75% of the total Illinois
pari-mutuel handle on Illinois horse races at all such
wagering facilities for calendar year 1994, then each
wagering facility that has an annual total Illinois
pari-mutuel handle on Illinois horse races that is less
than 75% of the total Illinois pari-mutuel handle on
Illinois horse races at such wagering facility for calendar
year 1994, shall be permitted to receive, from any amount
otherwise payable to the purse account at the race track
with which the wagering facility is affiliated in the
succeeding calendar year, an amount equal to 2% of the
differential in total Illinois pari-mutuel handle on
Illinois horse races at the wagering facility between that

HB2883 - 22 - LRB100 10426 MJP 20632 b
calendar year in question and 1994 provided, however, that
a wagering facility shall not be entitled to any such
payment until the Board certifies in writing to the
wagering facility the amount to which the wagering facility
is entitled and a schedule for payment of the amount to the
wagering facility, based on: (i) the racing dates awarded
to the race track affiliated with the wagering facility
during the succeeding year; (ii) the sums available or
anticipated to be available in the purse account of the
race track affiliated with the wagering facility for purses
during the succeeding year; and (iii) the need to ensure
reasonable purse levels during the payment period. The
Board's certification shall be provided no later than
January 31 of the succeeding year. In the event a wagering
facility entitled to a payment under this paragraph (13) is
affiliated with a race track that maintains purse accounts
for both standardbred and thoroughbred racing, the amount
to be paid to the wagering facility shall be divided
between each purse account pro rata, based on the amount of
Illinois handle on Illinois standardbred and thoroughbred
racing respectively at the wagering facility during the
previous calendar year. Annually, the General Assembly
shall appropriate sufficient funds from the General
Revenue Fund to the Department of Agriculture for payment
into the thoroughbred and standardbred horse racing purse
accounts at Illinois pari-mutuel tracks. The amount paid to

HB2883 - 23 - LRB100 10426 MJP 20632 b
each purse account shall be the amount certified by the
Illinois Racing Board in January to be transferred from
each account to each eligible racing facility in accordance
with the provisions of this Section.
(h) The Board may approve and license the conduct of
inter-track wagering and simulcast wagering by inter-track
wagering licensees and inter-track wagering location licensees
subject to the following terms and conditions:
(1) Any person licensed to conduct a race meeting (i)
at a track where 60 or more days of racing were conducted
during the immediately preceding calendar year or where
over the 5 immediately preceding calendar years an average
of 30 or more days of racing were conducted annually may be
issued an inter-track wagering license; (ii) at a track
located in a county that is bounded by the Mississippi
River, which has a population of less than 150,000
according to the 1990 decennial census, and an average of
at least 60 days of racing per year between 1985 and 1993
may be issued an inter-track wagering license; or (iii) at
a track located in Madison County that conducted at least
100 days of live racing during the immediately preceding
calendar year may be issued an inter-track wagering
license, unless a lesser schedule of live racing is the
result of (A) weather, unsafe track conditions, or other
acts of God; (B) an agreement between the organization
licensee and the associations representing the largest

HB2883 - 24 - LRB100 10426 MJP 20632 b
number of owners, trainers, jockeys, or standardbred
drivers who race horses at that organization licensee's
racing meeting; or (C) a finding by the Board of
extraordinary circumstances and that it was in the best
interest of the public and the sport to conduct fewer than
100 days of live racing. Any such person having operating
control of the racing facility may receive inter-track
wagering location licenses. An eligible race track located
in a county that has a population of more than 230,000 and
that is bounded by the Mississippi River may establish up
to 9 inter-track wagering locations, and an eligible race
track located in Stickney Township in Cook County may
establish up to 16 inter-track wagering locations, and an
eligible race track located in Palatine Township in Cook
County may establish up to 18 inter-track wagering
locations. An application for said license shall be filed
with the Board prior to such dates as may be fixed by the
Board. With an application for an inter-track wagering
location license there shall be delivered to the Board a
certified check or bank draft payable to the order of the
Board for an amount equal to $500. The application shall be
on forms prescribed and furnished by the Board. The
application shall comply with all other rules, regulations
and conditions imposed by the Board in connection
therewith.
(2) The Board shall examine the applications with

HB2883 - 25 - LRB100 10426 MJP 20632 b
respect to their conformity with this Act and the rules and
regulations imposed by the Board. If found to be in
compliance with the Act and rules and regulations of the
Board, the Board may then issue a license to conduct
inter-track wagering and simulcast wagering to such
applicant. All such applications shall be acted upon by the
Board at a meeting to be held on such date as may be fixed
by the Board.
(3) In granting licenses to conduct inter-track
wagering and simulcast wagering, the Board shall give due
consideration to the best interests of the public, of horse
racing, and of maximizing revenue to the State.
(4) Prior to the issuance of a license to conduct
inter-track wagering and simulcast wagering, the applicant
shall file with the Board a bond payable to the State of
Illinois in the sum of $50,000, executed by the applicant
and a surety company or companies authorized to do business
in this State, and conditioned upon (i) the payment by the
licensee of all taxes due under Section 27 or 27.1 and any
other monies due and payable under this Act, and (ii)
distribution by the licensee, upon presentation of the
winning ticket or tickets, of all sums payable to the
patrons of pari-mutuel pools.
(5) Each license to conduct inter-track wagering and
simulcast wagering shall specify the person to whom it is
issued, the dates on which such wagering is permitted, and

HB2883 - 26 - LRB100 10426 MJP 20632 b
the track or location where the wagering is to be
conducted.
(6) All wagering under such license is subject to this
Act and to the rules and regulations from time to time
prescribed by the Board, and every such license issued by
the Board shall contain a recital to that effect.
(7) An inter-track wagering licensee or inter-track
wagering location licensee may accept wagers at the track
or location where it is licensed, or as otherwise provided
under this Act.
(8) Inter-track wagering or simulcast wagering shall
not be conducted at any track less than 5 miles from a
track at which a racing meeting is in progress.
(8.1) Inter-track wagering location licensees who
derive their licenses from a particular organization
licensee shall conduct inter-track wagering and simulcast
wagering only at locations that are within 160 miles of
that race track where the particular organization licensee
is licensed to conduct racing. However, inter-track
wagering and simulcast wagering shall not be conducted by
those licensees at any location within 5 miles of any race
track at which a horse race meeting has been licensed in
the current year, unless the person having operating
control of such race track has given its written consent to
such inter-track wagering location licensees, which
consent must be filed with the Board at or prior to the

HB2883 - 27 - LRB100 10426 MJP 20632 b
time application is made. In the case of any inter-track
wagering location licensee initially licensed after
December 31, 2013, inter-track wagering and simulcast
wagering shall not be conducted by those inter-track
wagering location licensees that are located outside the
City of Chicago at any location within 8 miles of any race
track at which a horse race meeting has been licensed in
the current year, unless the person having operating
control of such race track has given its written consent to
such inter-track wagering location licensees, which
consent must be filed with the Board at or prior to the
time application is made.
(8.2) Inter-track wagering or simulcast wagering shall
not be conducted by an inter-track wagering location
licensee at any location within 500 feet of an existing
church or existing school, nor within 500 feet of the
residences of more than 50 registered voters without
receiving written permission from a majority of the
registered voters at such residences. Such written
permission statements shall be filed with the Board. The
distance of 500 feet shall be measured to the nearest part
of any building used for worship services, education
programs, residential purposes, or conducting inter-track
wagering by an inter-track wagering location licensee, and
not to property boundaries. However, inter-track wagering
or simulcast wagering may be conducted at a site within 500

HB2883 - 28 - LRB100 10426 MJP 20632 b
feet of a church, school or residences of 50 or more
registered voters if such church, school or residences have
been erected or established, or such voters have been
registered, after the Board issues the original
inter-track wagering location license at the site in
question. Inter-track wagering location licensees may
conduct inter-track wagering and simulcast wagering only
in areas that are zoned for commercial or manufacturing
purposes or in areas for which a special use has been
approved by the local zoning authority. However, no license
to conduct inter-track wagering and simulcast wagering
shall be granted by the Board with respect to any
inter-track wagering location within the jurisdiction of
any local zoning authority which has, by ordinance or by
resolution, prohibited the establishment of an inter-track
wagering location within its jurisdiction. However,
inter-track wagering and simulcast wagering may be
conducted at a site if such ordinance or resolution is
enacted after the Board licenses the original inter-track
wagering location licensee for the site in question.
(9) (Blank).
(10) An inter-track wagering licensee or an
inter-track wagering location licensee may retain, subject
to the payment of the privilege taxes and the purses, an
amount not to exceed 17% of all money wagered. Each program
of racing conducted by each inter-track wagering licensee

HB2883 - 29 - LRB100 10426 MJP 20632 b
or inter-track wagering location licensee shall be
considered a separate racing day for the purpose of
determining the daily handle and computing the privilege
tax or pari-mutuel tax on such daily handle as provided in
Section 27.
(10.1) Except as provided in subsection (g) of Section
27 of this Act, inter-track wagering location licensees
shall pay 1% of the pari-mutuel handle at each location to
the municipality in which such location is situated and 1%
of the pari-mutuel handle at each location to the county in
which such location is situated. In the event that an
inter-track wagering location licensee is situated in an
unincorporated area of a county, such licensee shall pay 2%
of the pari-mutuel handle from such location to such
county.
(10.2) Notwithstanding any other provision of this
Act, with respect to inter-track intertrack wagering at a
race track located in a county that has a population of
more than 230,000 and that is bounded by the Mississippi
River ("the first race track"), or at a facility operated
by an inter-track wagering licensee or inter-track
wagering location licensee that derives its license from
the organization licensee that operates the first race
track, on races conducted at the first race track or on
races conducted at another Illinois race track and
simultaneously televised to the first race track or to a

HB2883 - 30 - LRB100 10426 MJP 20632 b
facility operated by an inter-track wagering licensee or
inter-track wagering location licensee that derives its
license from the organization licensee that operates the
first race track, those moneys shall be allocated as
follows:
(A) That portion of all moneys wagered on
standardbred racing that is required under this Act to
be paid to purses shall be paid to purses for
standardbred races.
(B) That portion of all moneys wagered on
thoroughbred racing that is required under this Act to
be paid to purses shall be paid to purses for
thoroughbred races.
(11) (A) After payment of the privilege or pari-mutuel
tax, any other applicable taxes, and the costs and expenses
in connection with the gathering, transmission, and
dissemination of all data necessary to the conduct of
inter-track wagering, the remainder of the monies retained
under either Section 26 or Section 26.2 of this Act by the
inter-track wagering licensee on inter-track wagering
shall be allocated with 50% to be split between the 2
participating licensees and 50% to purses, except that an
inter-track intertrack wagering licensee that derives its
license from a track located in a county with a population
in excess of 230,000 and that borders the Mississippi River
shall not divide any remaining retention with the Illinois

HB2883 - 31 - LRB100 10426 MJP 20632 b
organization licensee that provides the race or races, and
an inter-track intertrack wagering licensee that accepts
wagers on races conducted by an organization licensee that
conducts a race meet in a county with a population in
excess of 230,000 and that borders the Mississippi River
shall not divide any remaining retention with that
organization licensee.
(B) From the sums permitted to be retained pursuant to
this Act each inter-track wagering location licensee shall
pay (i) the privilege or pari-mutuel tax to the State; (ii)
4.75% of the pari-mutuel handle on inter-track intertrack
wagering at such location on races as purses, except that
an inter-track intertrack wagering location licensee that
derives its license from a track located in a county with a
population in excess of 230,000 and that borders the
Mississippi River shall retain all purse moneys for its own
purse account consistent with distribution set forth in
this subsection (h), and inter-track intertrack wagering
location licensees that accept wagers on races conducted by
an organization licensee located in a county with a
population in excess of 230,000 and that borders the
Mississippi River shall distribute all purse moneys to
purses at the operating host track; (iii) until January 1,
2000, except as provided in subsection (g) of Section 27 of
this Act, 1% of the pari-mutuel handle wagered on
inter-track wagering and simulcast wagering at each

HB2883 - 32 - LRB100 10426 MJP 20632 b
inter-track wagering location licensee facility to the
Horse Racing Tax Allocation Fund, provided that, to the
extent the total amount collected and distributed to the
Horse Racing Tax Allocation Fund under this subsection (h)
during any calendar year exceeds the amount collected and
distributed to the Horse Racing Tax Allocation Fund during
calendar year 1994, that excess amount shall be
redistributed (I) to all inter-track wagering location
licensees, based on each licensee's pro-rata share of the
total handle from inter-track wagering and simulcast
wagering for all inter-track wagering location licensees
during the calendar year in which this provision is
applicable; then (II) the amounts redistributed to each
inter-track wagering location licensee as described in
subpart (I) shall be further redistributed as provided in
subparagraph (B) of paragraph (5) of subsection (g) of this
Section 26 provided first, that the shares of those
amounts, which are to be redistributed to the host track or
to purses at the host track under subparagraph (B) of
paragraph (5) of subsection (g) of this Section 26 shall be
redistributed based on each host track's pro rata share of
the total inter-track wagering and simulcast wagering
handle at all host tracks during the calendar year in
question, and second, that any amounts redistributed as
described in part (I) to an inter-track wagering location
licensee that accepts wagers on races conducted by an

HB2883 - 33 - LRB100 10426 MJP 20632 b
organization licensee that conducts a race meet in a county
with a population in excess of 230,000 and that borders the
Mississippi River shall be further redistributed as
provided in subparagraphs (D) and (E) of paragraph (7) of
subsection (g) of this Section 26, with the portion of that
further redistribution allocated to purses at that
organization licensee to be divided between standardbred
purses and thoroughbred purses based on the amounts
otherwise allocated to purses at that organization
licensee during the calendar year in question; and (iv) 8%
of the pari-mutuel handle on inter-track wagering wagered
at such location to satisfy all costs and expenses of
conducting its wagering. The remainder of the monies
retained by the inter-track wagering location licensee
shall be allocated 40% to the location licensee and 60% to
the organization licensee which provides the Illinois
races to the location, except that an inter-track
intertrack wagering location licensee that derives its
license from a track located in a county with a population
in excess of 230,000 and that borders the Mississippi River
shall not divide any remaining retention with the
organization licensee that provides the race or races and
an inter-track intertrack wagering location licensee that
accepts wagers on races conducted by an organization
licensee that conducts a race meet in a county with a
population in excess of 230,000 and that borders the

HB2883 - 34 - LRB100 10426 MJP 20632 b
Mississippi River shall not divide any remaining retention
with the organization licensee. Notwithstanding the
provisions of clauses (ii) and (iv) of this paragraph, in
the case of the additional inter-track wagering location
licenses authorized under paragraph (1) of this subsection
(h) by Public Act 87-110 this amendatory Act of 1991, those
licensees shall pay the following amounts as purses: during
the first 12 months the licensee is in operation, 5.25% of
the pari-mutuel handle wagered at the location on races;
during the second 12 months, 5.25%; during the third 12
months, 5.75%; during the fourth 12 months, 6.25%; and
during the fifth 12 months and thereafter, 6.75%. The
following amounts shall be retained by the licensee to
satisfy all costs and expenses of conducting its wagering:
during the first 12 months the licensee is in operation,
8.25% of the pari-mutuel handle wagered at the location;
during the second 12 months, 8.25%; during the third 12
months, 7.75%; during the fourth 12 months, 7.25%; and
during the fifth 12 months and thereafter, 6.75%. For
additional inter-track intertrack wagering location
licensees authorized under Public Act 89-16 this
amendatory Act of 1995, purses for the first 12 months the
licensee is in operation shall be 5.75% of the pari-mutuel
wagered at the location, purses for the second 12 months
the licensee is in operation shall be 6.25%, and purses
thereafter shall be 6.75%. For additional inter-track

HB2883 - 35 - LRB100 10426 MJP 20632 b
intertrack location licensees authorized under Public Act
89-16 this amendatory Act of 1995, the licensee shall be
allowed to retain to satisfy all costs and expenses: 7.75%
of the pari-mutuel handle wagered at the location during
its first 12 months of operation, 7.25% during its second
12 months of operation, and 6.75% thereafter.
(C) There is hereby created the Horse Racing Tax
Allocation Fund which shall remain in existence until
December 31, 1999. Moneys remaining in the Fund after
December 31, 1999 shall be paid into the General Revenue
Fund. Until January 1, 2000, all monies paid into the Horse
Racing Tax Allocation Fund pursuant to this paragraph (11)
by inter-track wagering location licensees located in park
districts of 500,000 population or less, or in a
municipality that is not included within any park district
but is included within a conservation district and is the
county seat of a county that (i) is contiguous to the state
of Indiana and (ii) has a 1990 population of 88,257
according to the United States Bureau of the Census, and
operating on May 1, 1994 shall be allocated by
appropriation as follows:
Two-sevenths to the Department of Agriculture.
Fifty percent of this two-sevenths shall be used to
promote the Illinois horse racing and breeding
industry, and shall be distributed by the Department of
Agriculture upon the advice of a 9-member committee

HB2883 - 36 - LRB100 10426 MJP 20632 b
appointed by the Governor consisting of the following
members: the Director of Agriculture, who shall serve
as chairman; 2 representatives of organization
licensees conducting thoroughbred race meetings in
this State, recommended by those licensees; 2
representatives of organization licensees conducting
standardbred race meetings in this State, recommended
by those licensees; a representative of the Illinois
Thoroughbred Breeders and Owners Foundation,
recommended by that Foundation; a representative of
the Illinois Standardbred Owners and Breeders
Association, recommended by that Association; a
representative of the Horsemen's Benevolent and
Protective Association or any successor organization
thereto established in Illinois comprised of the
largest number of owners and trainers, recommended by
that Association or that successor organization; and a
representative of the Illinois Harness Horsemen's
Association, recommended by that Association.
Committee members shall serve for terms of 2 years,
commencing January 1 of each even-numbered year. If a
representative of any of the above-named entities has
not been recommended by January 1 of any even-numbered
year, the Governor shall appoint a committee member to
fill that position. Committee members shall receive no
compensation for their services as members but shall be

HB2883 - 37 - LRB100 10426 MJP 20632 b
reimbursed for all actual and necessary expenses and
disbursements incurred in the performance of their
official duties. The remaining 50% of this
two-sevenths shall be distributed to county fairs for
premiums and rehabilitation as set forth in the
Agricultural Fair Act;
Four-sevenths to park districts or municipalities
that do not have a park district of 500,000 population
or less for museum purposes (if an inter-track wagering
location licensee is located in such a park district)
or to conservation districts for museum purposes (if an
inter-track wagering location licensee is located in a
municipality that is not included within any park
district but is included within a conservation
district and is the county seat of a county that (i) is
contiguous to the state of Indiana and (ii) has a 1990
population of 88,257 according to the United States
Bureau of the Census, except that if the conservation
district does not maintain a museum, the monies shall
be allocated equally between the county and the
municipality in which the inter-track wagering
location licensee is located for general purposes) or
to a municipal recreation board for park purposes (if
an inter-track wagering location licensee is located
in a municipality that is not included within any park
district and park maintenance is the function of the

HB2883 - 38 - LRB100 10426 MJP 20632 b
municipal recreation board and the municipality has a
1990 population of 9,302 according to the United States
Bureau of the Census); provided that the monies are
distributed to each park district or conservation
district or municipality that does not have a park
district in an amount equal to four-sevenths of the
amount collected by each inter-track wagering location
licensee within the park district or conservation
district or municipality for the Fund. Monies that were
paid into the Horse Racing Tax Allocation Fund before
August 9, 1991 (the effective date of Public Act
87-110) this amendatory Act of 1991 by an inter-track
wagering location licensee located in a municipality
that is not included within any park district but is
included within a conservation district as provided in
this paragraph shall, as soon as practicable after
August 9, 1991 (the effective date of Public Act
87-110) this amendatory Act of 1991, be allocated and
paid to that conservation district as provided in this
paragraph. Any park district or municipality not
maintaining a museum may deposit the monies in the
corporate fund of the park district or municipality
where the inter-track wagering location is located, to
be used for general purposes; and
One-seventh to the Agricultural Premium Fund to be
used for distribution to agricultural home economics

HB2883 - 39 - LRB100 10426 MJP 20632 b
extension councils in accordance with "An Act in
relation to additional support and finances for the
Agricultural and Home Economic Extension Councils in
the several counties of this State and making an
appropriation therefor", approved July 24, 1967.
Until January 1, 2000, all other monies paid into the
Horse Racing Tax Allocation Fund pursuant to this paragraph
(11) shall be allocated by appropriation as follows:
Two-sevenths to the Department of Agriculture.
Fifty percent of this two-sevenths shall be used to
promote the Illinois horse racing and breeding
industry, and shall be distributed by the Department of
Agriculture upon the advice of a 9-member committee
appointed by the Governor consisting of the following
members: the Director of Agriculture, who shall serve
as chairman; 2 representatives of organization
licensees conducting thoroughbred race meetings in
this State, recommended by those licensees; 2
representatives of organization licensees conducting
standardbred race meetings in this State, recommended
by those licensees; a representative of the Illinois
Thoroughbred Breeders and Owners Foundation,
recommended by that Foundation; a representative of
the Illinois Standardbred Owners and Breeders
Association, recommended by that Association; a
representative of the Horsemen's Benevolent and

HB2883 - 40 - LRB100 10426 MJP 20632 b
Protective Association or any successor organization
thereto established in Illinois comprised of the
largest number of owners and trainers, recommended by
that Association or that successor organization; and a
representative of the Illinois Harness Horsemen's
Association, recommended by that Association.
Committee members shall serve for terms of 2 years,
commencing January 1 of each even-numbered year. If a
representative of any of the above-named entities has
not been recommended by January 1 of any even-numbered
year, the Governor shall appoint a committee member to
fill that position. Committee members shall receive no
compensation for their services as members but shall be
reimbursed for all actual and necessary expenses and
disbursements incurred in the performance of their
official duties. The remaining 50% of this
two-sevenths shall be distributed to county fairs for
premiums and rehabilitation as set forth in the
Agricultural Fair Act;
Four-sevenths to museums and aquariums located in
park districts of over 500,000 population; provided
that the monies are distributed in accordance with the
previous year's distribution of the maintenance tax
for such museums and aquariums as provided in Section 2
of the Park District Aquarium and Museum Act; and
One-seventh to the Agricultural Premium Fund to be

HB2883 - 41 - LRB100 10426 MJP 20632 b
used for distribution to agricultural home economics
extension councils in accordance with "An Act in
relation to additional support and finances for the
Agricultural and Home Economic Extension Councils in
the several counties of this State and making an
appropriation therefor", approved July 24, 1967. This
subparagraph (C) shall be inoperative and of no force
and effect on and after January 1, 2000.
(D) Except as provided in paragraph (11) of this
subsection (h), with respect to purse allocation from
inter-track intertrack wagering, the monies so
retained shall be divided as follows:
(i) If the inter-track wagering licensee,
except an inter-track intertrack wagering licensee
that derives its license from an organization
licensee located in a county with a population in
excess of 230,000 and bounded by the Mississippi
River, is not conducting its own race meeting
during the same dates, then the entire purse
allocation shall be to purses at the track where
the races wagered on are being conducted.
(ii) If the inter-track wagering licensee,
except an inter-track intertrack wagering licensee
that derives its license from an organization
licensee located in a county with a population in
excess of 230,000 and bounded by the Mississippi

HB2883 - 42 - LRB100 10426 MJP 20632 b
River, is also conducting its own race meeting
during the same dates, then the purse allocation
shall be as follows: 50% to purses at the track
where the races wagered on are being conducted; 50%
to purses at the track where the inter-track
wagering licensee is accepting such wagers.
(iii) If the inter-track wagering is being
conducted by an inter-track wagering location
licensee, except an inter-track intertrack
wagering location licensee that derives its
license from an organization licensee located in a
county with a population in excess of 230,000 and
bounded by the Mississippi River, the entire purse
allocation for Illinois races shall be to purses at
the track where the race meeting being wagered on
is being held.
(12) The Board shall have all powers necessary and
proper to fully supervise and control the conduct of
inter-track wagering and simulcast wagering by inter-track
wagering licensees and inter-track wagering location
licensees, including, but not limited to the following:
(A) The Board is vested with power to promulgate
reasonable rules and regulations for the purpose of
administering the conduct of this wagering and to
prescribe reasonable rules, regulations and conditions
under which such wagering shall be held and conducted.

HB2883 - 43 - LRB100 10426 MJP 20632 b
Such rules and regulations are to provide for the
prevention of practices detrimental to the public
interest and for the best interests of said wagering
and to impose penalties for violations thereof.
(B) The Board, and any person or persons to whom it
delegates this power, is vested with the power to enter
the facilities of any licensee to determine whether
there has been compliance with the provisions of this
Act and the rules and regulations relating to the
conduct of such wagering.
(C) The Board, and any person or persons to whom it
delegates this power, may eject or exclude from any
licensee's facilities, any person whose conduct or
reputation is such that his presence on such premises
may, in the opinion of the Board, call into the
question the honesty and integrity of, or interfere
with the orderly conduct of such wagering; provided,
however, that no person shall be excluded or ejected
from such premises solely on the grounds of race,
color, creed, national origin, ancestry, or sex.
(D) (Blank).
(E) The Board is vested with the power to appoint
delegates to execute any of the powers granted to it
under this Section for the purpose of administering
this wagering and any rules and regulations
promulgated in accordance with this Act.

HB2883 - 44 - LRB100 10426 MJP 20632 b
(F) The Board shall name and appoint a State
director of this wagering who shall be a representative
of the Board and whose duty it shall be to supervise
the conduct of inter-track wagering as may be provided
for by the rules and regulations of the Board; such
rules and regulation shall specify the method of
appointment and the Director's powers, authority and
duties.
(G) The Board is vested with the power to impose
civil penalties of up to $5,000 against individuals and
up to $10,000 against licensees for each violation of
any provision of this Act relating to the conduct of
this wagering, any rules adopted by the Board, any
order of the Board or any other action which in the
Board's discretion, is a detriment or impediment to
such wagering.
(13) The Department of Agriculture may enter into
agreements with licensees authorizing such licensees to
conduct inter-track wagering on races to be held at the
licensed race meetings conducted by the Department of
Agriculture. Such agreement shall specify the races of the
Department of Agriculture's licensed race meeting upon
which the licensees will conduct wagering. In the event
that a licensee conducts inter-track pari-mutuel wagering
on races from the Illinois State Fair or DuQuoin State Fair
which are in addition to the licensee's previously approved

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racing program, those races shall be considered a separate
racing day for the purpose of determining the daily handle
and computing the privilege or pari-mutuel tax on that
daily handle as provided in Sections 27 and 27.1. Such
agreements shall be approved by the Board before such
wagering may be conducted. In determining whether to grant
approval, the Board shall give due consideration to the
best interests of the public and of horse racing. The
provisions of paragraphs (1), (8), (8.1), and (8.2) of
subsection (h) of this Section which are not specified in
this paragraph (13) shall not apply to licensed race
meetings conducted by the Department of Agriculture at the
Illinois State Fair in Sangamon County or the DuQuoin State
Fair in Perry County, or to any wagering conducted on those
race meetings.
(14) An inter-track wagering location license
authorized by the Board in 2016 that is owned and operated
by a race track in Rock Island County shall be transferred
to a commonly owned race track in Cook County on August 12,
2016 (the effective date of Public Act 99-757) this
amendatory Act of the 99th General Assembly. The licensee
shall retain its status in relation to purse distribution
under paragraph (11) of this subsection (h) following the
transfer to the new entity. The pari-mutuel tax credit
under Section 32.1 shall not be applied toward any
pari-mutuel tax obligation of the inter-track wagering

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location licensee of the license that is transferred under
this paragraph (14).
(i) Notwithstanding the other provisions of this Act, the
conduct of wagering at wagering facilities is authorized on all
days, except as limited by subsection (b) of Section 19 of this
Act.
(Source: P.A. 98-18, eff. 6-7-13; 98-624, eff. 1-29-14; 98-968,
eff. 8-15-14; 99-756, eff. 8-12-16; 99-757, eff. 8-12-16;
revised 9-14-16.)
(230 ILCS 5/26.10 new)
Sec. 26.10. Wagering on historical horse races authorized.
(a) Wagering on historical horse races is authorized and
may be conducted in accordance with this Act.
Wagering on a historical horse race shall only be conducted
by an organization licensee licensed to conduct a live horse
race meet and licensed to conduct inter-track and simulcast
wagering in the year 2016.
Wagering on a historical horse race shall only be permitted
in a designated area at any licensed premise of an organization
licensee licensed to conduct a live horse race meeting.
An organization licensee may conduct wagering on
standardbred, quarter horse, and thoroughbred historical horse
races regardless of the type of breed that primarily races in
live meets conducted by the organization licensee. An
organization licensee may conduct wagering on historical races

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on any days and hours during which pari-mutuel wagering on live
or simulcast races is being conducted and is approved by the
Board, and wagering shall not be limited to times during which
the organization licensee is conducting a live horse race
meeting.
Any wager placed on a historical horse race shall be
through the pari-mutuel system of wagering.
Before offering wagering on a historical horse race, an
organization licensee shall first obtain the Board's written
approval of all wagers offered as set forth in rules adopted by
the Board.
(b) All wagering on a historical horse race shall
incorporate all of the following elements:
(1) A patron may only wager on a historical horse race
on a terminal approved by the Board.
(2) Once a patron wagers an amount in the terminal
offering wagering on a historical horse race, a historical
horse race shall be chosen at random.
(3) Prior to the patron making his or her wager
selections, the terminal shall not display any information
that would allow the patron to identify the historical race
on which he or she is wagering, including the location of
the race, the date on which the race was run, the names of
the horses in the race, or the names of the jockeys or
drivers that rode the horses in the race.
(4) The terminal shall make available true and accurate

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past performance information on the historical horse race
to the patron prior to making his or her wager selections.
The information shall be current as of the day the
historical horse race was actually run. The information
provided to the patron shall be displayed on the terminal
in data or graphical form.
(5) After a patron finalizes his or her wager
selections, the terminal shall display a video replay of
the race, or a portion thereof, or an animated depiction of
the race's finish and the official results of the race. The
identity of the race shall be revealed to the patron after
the patron has placed his or her wager.
(c) A wager on a historical horse race, less deductions
permitted by this Act shall be placed in pari-mutuels pools
approved by the Board.
A payout to a winning patron shall be paid from money
wagered by patrons or the initial seed pool and shall not
constitute a wager against the organization licensee.
An organization licensee conducting wagering on a
historical horse race shall not conduct wagering in such a
manner that patrons are wagering against the organization
licensee or in such a manner that the amount retained by the
organization licensee is dependent upon the outcome of any
particular race or the success of any particular wager.
An organization licensee shall only pay a winning wager on
a historical horse race out of the applicable pari-mutuel pool

HB2883 - 49 - LRB100 10426 MJP 20632 b
and shall not pay a winning wager out of the organization
licensee's funds. Payment of a winning wager shall not exceed
the amount available in the applicable pari-mutuel pool.
An organization licensee offering wagering on a historical
horse race shall operate seed pools in a manner and method
approved by the Board as set forth in this Act. For each wager
made, an organization licensee may assign a percentage of the
wager to seed pools. The seed pools shall be maintained and
funded so that the amount available at any given time is
sufficient to ensure that a patron will be paid the minimum
amount required on a winning wager.
An organization licensee shall provide the funding for the
initial seed pool for each type of exotic wager. The funding
for the initial seed pool shall be nonrefundable and in an
amount sufficient to ensure that a patron will be paid the
minimum amount required on a winning wager.
(d) Terminals offering wagering on historical horse races
shall be located within designated areas that have the prior
written approval of the Board. Designated areas shall be
established in such a way as to control access by the general
public and prevent entry by any patron who is under 18 years of
age or is otherwise not permitted to place wagers. Each
organization licensee shall be limited to operating 300
terminals at the same time.
An organization licensee shall monitor persons entering
and leaving the designated areas and shall prevent access to

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any patron who is under 18 years of age or is otherwise not
permitted to place wagers on historical horse races.
An organization licensee shall provide terminals that are
accessible to patrons with disabilities.
(e) An organization licensee shall not offer a wager on any
historical horse race without the prior written approval of the
Board.
An organization licensee making a request to offer a
pari-mutuel wager on a historical horse race may make an oral
presentation to the Board regarding the wager prior to the
Board deciding on the request. The presentation shall be made
by the organization licensee during a meeting of the Board and
shall be limited to the information contained in the written
request and any supplemental information relevant to the
Board's determination of the suitability of the wager. The
Board may require an organization licensee to clarify or
otherwise respond to questions concerning the written request
as a condition to approval of the wager.
The Board may request additional information from an
organization licensee regarding the wager if the additional
information would assist the Board in deciding whether to
approve it.
(f) An organization licensee shall submit a written request
to the Board for permission to offer a wager on a historical
horse race, which shall include:
(1) the types, numbers, and denominations of

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pari-mutuel wagers to be offered;
(2) a detailed description of the rules that apply to
the pari-mutuel wager and the method of calculating
payouts, including how money will be allocated to the seed
pool;
(3) the days and hours of operation during which
wagering on historical horse races will be offered;
(4) a detailed description of the proposed designated
area and the terminal or terminals on which the pari-mutuel
wagers will be made, including an architect's rendering of
the proposed designated area, that describes the size,
construction, layout, capacity, and number of terminals
and at least one photograph of the designated area when
construction is completed;
(5) the practices and procedures that will ensure the
security, safety, and comfort of patrons in the designated
area;
(6) the manufacturer, make, and model of the terminal,
including a copy of all literature supplied by the
manufacturer of the terminal;
(7) the maintenance and repair procedures that will
ensure the integrity of the terminals; and
(8) a complete list of individuals who are authorized
to examine and repair the terminals for any reason.
(g) Wagering on historical horse races shall be conducted
only on terminals approved by the Board as set forth in this

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Section. The Board shall not require any particular make of
terminal.
The Board shall require testing of each terminal used for
wagering on historical horse races by an independent testing
laboratory to ensure its integrity and proper working order.
The independent testing laboratory shall be chosen by the
Board, and the expense of the testing shall be paid by the
organization licensee offering the wagering on historical
horse races.
Each terminal for wagering for a historical horse race
shall display odds or pool amounts that the patron will receive
for a winning wager on each pari-mutuel wagering pool.
(h) After payment of the pari-mutuel tax and any other
applicable taxes, each organization licensee shall allocate
15% of the remaining amount retained under this Section to
purse accounts.
(i) From the amount the Board collects from the pari-mutuel
tax imposed on wagers placed on historical racing, the Board
shall pay 50% of the tax to the purse accounts of the
organization licensee where the tax was generated. Amounts paid
under this subsection (i) to purse accounts shall not be
subject to appropriation.