Bill Text: IL HB4384 | 2017-2018 | 100th General Assembly | Introduced
Bill Title: Amends the Illinois Horse Racing Act of 1975. Extends the authorization for advance deposit wagering to December 31, 2022 (rather than December 31, 2018). Effective immediately.
Spectrum: Bipartisan Bill
Status: (Failed) 2019-01-08 - Session Sine Die [HB4384 Detail]
Download: Illinois-2017-HB4384-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), non-host licensees may carry the host | ||||||
11 | track simulcast program and
shall accept wagers on all races | ||||||
12 | included as part of the simulcast
program of horse races | ||||||
13 | conducted at race tracks located within North America upon | ||||||
14 | which wagering is permitted. For a period of one year after | ||||||
15 | August 15, 2014 (the effective date of Public Act 98-968), on | ||||||
16 | horse races conducted at race tracks located outside of North | ||||||
17 | America, non-host licensees may accept wagers on all races | ||||||
18 | included as part of the simulcast program upon which wagering | ||||||
19 | is permitted. Beginning August 15, 2015 (one year after the | ||||||
20 | effective date of Public Act 98-968), non-host licensees may | ||||||
21 | carry the host track simulcast program and shall accept wagers | ||||||
22 | on all races included as part of the simulcast program upon | ||||||
23 | which wagering is permitted.
All organization licensees shall | ||||||
24 | provide their live signal to all advance deposit wagering | ||||||
25 | licensees for a simulcast commission fee not to exceed 6% of | ||||||
26 | the advance deposit wagering licensee's Illinois handle on the |
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1 | organization licensee's signal without prior approval by the | ||||||
2 | Board. The Board may adopt rules under which it may permit | ||||||
3 | simulcast commission fees in excess of 6%. The Board shall | ||||||
4 | adopt rules limiting the interstate commission fees charged to | ||||||
5 | an advance deposit wagering licensee. The Board shall adopt | ||||||
6 | rules regarding advance deposit wagering on interstate | ||||||
7 | simulcast races that shall reflect, among other things, the | ||||||
8 | General Assembly's desire to maximize revenues to the State, | ||||||
9 | horsemen purses, and organizational licensees. However, | ||||||
10 | organization licensees providing live signals pursuant to the | ||||||
11 | requirements of this subsection (g) may petition the Board to | ||||||
12 | withhold their live signals from an advance deposit wagering | ||||||
13 | licensee if the organization licensee discovers and the Board | ||||||
14 | finds reputable or credible information that the advance | ||||||
15 | deposit wagering licensee is under investigation by another | ||||||
16 | state or federal governmental agency, the advance deposit | ||||||
17 | wagering licensee's license has been suspended in another | ||||||
18 | state, or the advance deposit wagering licensee's license is in | ||||||
19 | revocation proceedings in another state. The organization | ||||||
20 | licensee's provision of their live signal to an advance deposit | ||||||
21 | wagering licensee under this subsection (g) pertains to wagers | ||||||
22 | placed from within Illinois. Advance deposit wagering | ||||||
23 | licensees may place advance deposit wagering terminals at | ||||||
24 | wagering facilities as a convenience to customers. The advance | ||||||
25 | deposit wagering licensee shall not charge or collect any fee | ||||||
26 | from purses for the placement of the advance deposit wagering |
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1 | terminals. The costs and expenses
of the host track and | ||||||
2 | non-host licensees associated
with interstate simulcast
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3 | wagering, other than the interstate
commission fee, shall be | ||||||
4 | borne by the host track and all
non-host licensees
incurring | ||||||
5 | these costs.
The interstate commission fee shall not exceed 5% | ||||||
6 | of Illinois handle on the
interstate simulcast race or races | ||||||
7 | without prior approval of the Board. The
Board shall promulgate | ||||||
8 | rules under which it may permit
interstate commission
fees in | ||||||
9 | excess of 5%. The interstate commission
fee and other fees | ||||||
10 | charged by the sending racetrack, including, but not
limited | ||||||
11 | to, satellite decoder fees, shall be uniformly applied
to the | ||||||
12 | host track and all non-host licensees.
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13 | Notwithstanding any other provision of this Act, through | ||||||
14 | December 31, 2022 2018 , an organization licensee, with the | ||||||
15 | consent of the horsemen association representing the largest | ||||||
16 | number of owners, trainers, jockeys, or standardbred drivers | ||||||
17 | who race horses at that organization licensee's racing meeting, | ||||||
18 | may maintain a system whereby advance deposit wagering may take | ||||||
19 | place or an organization licensee, with the consent of the | ||||||
20 | horsemen association representing the largest number of | ||||||
21 | owners, trainers, jockeys, or standardbred drivers who race | ||||||
22 | horses at that organization licensee's racing meeting, may | ||||||
23 | contract with another person to carry out a system of advance | ||||||
24 | deposit wagering. Such consent may not be unreasonably | ||||||
25 | withheld. Only with respect to an appeal to the Board that | ||||||
26 | consent for an organization licensee that maintains its own |
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1 | advance deposit wagering system is being unreasonably | ||||||
2 | withheld, the Board shall issue a final order within 30 days | ||||||
3 | after initiation of the appeal, and the organization licensee's | ||||||
4 | advance deposit wagering system may remain operational during | ||||||
5 | that 30-day period. The actions of any organization licensee | ||||||
6 | who conducts advance deposit wagering or any person who has a | ||||||
7 | contract with an organization licensee to conduct advance | ||||||
8 | deposit wagering who conducts advance deposit wagering on or | ||||||
9 | after January 1, 2013 and prior to June 7, 2013 (the effective | ||||||
10 | date of Public Act 98-18) taken in reliance on the changes made | ||||||
11 | to this subsection (g) by Public Act 98-18 are hereby | ||||||
12 | validated, provided payment of all applicable pari-mutuel | ||||||
13 | taxes are remitted to the Board. All advance deposit wagers | ||||||
14 | placed from within Illinois must be placed through a | ||||||
15 | Board-approved advance deposit wagering licensee; no other | ||||||
16 | entity may accept an advance deposit wager from a person within | ||||||
17 | Illinois. All advance deposit wagering is subject to any rules | ||||||
18 | adopted by the Board. The Board may adopt rules necessary to | ||||||
19 | regulate advance deposit wagering through the use of emergency | ||||||
20 | rulemaking in accordance with Section 5-45 of the Illinois | ||||||
21 | Administrative Procedure Act. The General Assembly finds that | ||||||
22 | the adoption of rules to regulate advance deposit wagering is | ||||||
23 | deemed an emergency and necessary for the public interest, | ||||||
24 | safety, and welfare. An advance deposit wagering licensee may | ||||||
25 | retain all moneys as agreed to by contract with an organization | ||||||
26 | licensee. Any moneys retained by the organization licensee from |
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1 | advance deposit wagering, not including moneys retained by the | ||||||
2 | advance deposit wagering licensee, shall be paid 50% to the | ||||||
3 | organization licensee's purse account and 50% to the | ||||||
4 | organization licensee. With the exception of any organization | ||||||
5 | licensee that is owned by a publicly traded company that is | ||||||
6 | incorporated in a state other than Illinois and advance deposit | ||||||
7 | wagering licensees under contract with such organization | ||||||
8 | licensees, organization licensees that maintain advance | ||||||
9 | deposit wagering systems and advance deposit wagering | ||||||
10 | licensees that contract with organization licensees shall | ||||||
11 | provide sufficiently detailed monthly accountings to the | ||||||
12 | horsemen association representing the largest number of | ||||||
13 | owners, trainers, jockeys, or standardbred drivers who race | ||||||
14 | horses at that organization licensee's racing meeting so that | ||||||
15 | the horsemen association, as an interested party, can confirm | ||||||
16 | the accuracy of the amounts paid to the purse account at the | ||||||
17 | horsemen association's affiliated organization licensee from | ||||||
18 | advance deposit wagering. If more than one breed races at the | ||||||
19 | same race track facility, then the 50% of the moneys to be paid | ||||||
20 | to an organization licensee's purse account shall be allocated | ||||||
21 | among all organization licensees' purse accounts operating at | ||||||
22 | that race track facility proportionately based on the actual | ||||||
23 | number of host days that the Board grants to that breed at that | ||||||
24 | race track facility in the current calendar year. To the extent | ||||||
25 | any fees from advance deposit wagering conducted in Illinois | ||||||
26 | for wagers in Illinois or other states have been placed in |
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1 | escrow or otherwise withheld from wagers pending a | ||||||
2 | determination of the legality of advance deposit wagering, no | ||||||
3 | action shall be brought to declare such wagers or the | ||||||
4 | disbursement of any fees previously escrowed illegal. | ||||||
5 | (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
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6 | inter-track wagering
licensee other than the host track may | ||||||
7 | supplement the host track simulcast
program with | ||||||
8 | additional simulcast races or race programs, provided that | ||||||
9 | between
January 1 and the third Friday in February of any | ||||||
10 | year, inclusive, if no live
thoroughbred racing is | ||||||
11 | occurring in Illinois during this period, only
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12 | thoroughbred races may be used
for supplemental interstate | ||||||
13 | simulcast purposes. The Board shall withhold
approval for a | ||||||
14 | supplemental interstate simulcast only if it finds that the
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15 | simulcast is clearly adverse to the integrity of racing. A | ||||||
16 | supplemental
interstate simulcast may be transmitted from | ||||||
17 | an inter-track wagering licensee to
its affiliated | ||||||
18 | non-host licensees. The interstate commission fee for a
| ||||||
19 | supplemental interstate simulcast shall be paid by the | ||||||
20 | non-host licensee and
its affiliated non-host licensees | ||||||
21 | receiving the simulcast.
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22 | (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
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23 | inter-track wagering
licensee other than the host track may | ||||||
24 | receive supplemental interstate
simulcasts only with the | ||||||
25 | consent of the host track, except when the Board
finds that | ||||||
26 | the simulcast is
clearly adverse to the integrity of |
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1 | racing. Consent granted under this
paragraph (2) to any | ||||||
2 | inter-track wagering licensee shall be deemed consent to
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3 | all non-host licensees. The interstate commission fee for | ||||||
4 | the supplemental
interstate simulcast shall be paid
by all | ||||||
5 | participating non-host licensees.
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6 | (3) Each licensee conducting interstate simulcast | ||||||
7 | wagering may retain,
subject to the payment of all | ||||||
8 | applicable taxes and the purses, an amount not to
exceed | ||||||
9 | 17% of all money wagered. If any licensee conducts the | ||||||
10 | pari-mutuel
system wagering on races conducted at | ||||||
11 | racetracks in another state or country,
each such race or | ||||||
12 | race program shall be considered a separate racing day for
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13 | the purpose of determining the daily handle and computing | ||||||
14 | the privilege tax of
that daily handle as provided in | ||||||
15 | subsection (a) of Section 27.
Until January 1, 2000,
from | ||||||
16 | the sums permitted to be retained pursuant to this | ||||||
17 | subsection, each
inter-track wagering location licensee | ||||||
18 | shall pay 1% of the pari-mutuel handle
wagered on simulcast | ||||||
19 | wagering to the Horse Racing Tax Allocation Fund, subject
| ||||||
20 | to the provisions of subparagraph (B) of paragraph (11) of | ||||||
21 | subsection (h) of
Section 26 of this Act.
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22 | (4) A licensee who receives an interstate simulcast may | ||||||
23 | combine its gross
or net pools with pools at the sending | ||||||
24 | racetracks pursuant to rules established
by the Board. All | ||||||
25 | licensees combining their gross pools
at a
sending | ||||||
26 | racetrack shall adopt the take-out percentages of the |
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| |||||||
1 | sending
racetrack.
A licensee may also establish a separate | ||||||
2 | pool and takeout structure for
wagering purposes on races | ||||||
3 | conducted at race tracks outside of the
State of Illinois. | ||||||
4 | The licensee may permit pari-mutuel wagers placed in other
| ||||||
5 | states or
countries to be combined with its gross or net | ||||||
6 | wagering pools or other
wagering pools.
| ||||||
7 | (5) After the payment of the interstate commission fee | ||||||
8 | (except for the
interstate commission
fee on a supplemental | ||||||
9 | interstate simulcast, which shall be paid by the host
track | ||||||
10 | and by each non-host licensee through the host-track) and | ||||||
11 | all applicable
State and local
taxes, except as provided in | ||||||
12 | subsection (g) of Section 27 of this Act, the
remainder of | ||||||
13 | moneys retained from simulcast wagering pursuant to this
| ||||||
14 | subsection (g), and Section 26.2 shall be divided as | ||||||
15 | follows:
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16 | (A) For interstate simulcast wagers made at a host | ||||||
17 | track, 50% to the
host
track and 50% to purses at the | ||||||
18 | host track.
| ||||||
19 | (B) For wagers placed on interstate simulcast | ||||||
20 | races, supplemental
simulcasts as defined in | ||||||
21 | subparagraphs (1) and (2), and separately pooled races
| ||||||
22 | conducted outside of the State of Illinois made at a | ||||||
23 | non-host
licensee, 25% to the host
track, 25% to the | ||||||
24 | non-host licensee, and 50% to the purses at the host | ||||||
25 | track.
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26 | (6) Notwithstanding any provision in this Act to the |
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1 | contrary, non-host
licensees
who derive their licenses | ||||||
2 | from a track located in a county with a population in
| ||||||
3 | excess of 230,000 and that borders the Mississippi River | ||||||
4 | may receive
supplemental interstate simulcast races at all | ||||||
5 | times subject to Board approval,
which shall be withheld | ||||||
6 | only upon a finding that a supplemental interstate
| ||||||
7 | simulcast is clearly adverse to the integrity of racing.
| ||||||
8 | (7) Notwithstanding any provision of this Act to the | ||||||
9 | contrary, after
payment of all applicable State and local | ||||||
10 | taxes and interstate commission fees,
non-host licensees | ||||||
11 | who derive their licenses from a track located in a county
| ||||||
12 | with a population in excess of 230,000 and that borders the | ||||||
13 | Mississippi River
shall retain 50% of the retention from | ||||||
14 | interstate simulcast wagers and shall
pay 50% to purses at | ||||||
15 | the track from which the non-host licensee derives its
| ||||||
16 | license as follows:
| ||||||
17 | (A) Between January 1 and the third Friday in | ||||||
18 | February, inclusive, if no
live thoroughbred racing is | ||||||
19 | occurring in Illinois during this period, when the
| ||||||
20 | interstate simulcast is a standardbred race, the purse | ||||||
21 | share to its
standardbred purse account;
| ||||||
22 | (B) Between January 1 and the third Friday in | ||||||
23 | February, inclusive, if no
live thoroughbred racing is | ||||||
24 | occurring in Illinois during this period, and the
| ||||||
25 | interstate simulcast is a thoroughbred race, the purse | ||||||
26 | share to its interstate
simulcast purse pool to be |
| |||||||
| |||||||
1 | distributed under paragraph (10) of this subsection
| ||||||
2 | (g);
| ||||||
3 | (C) Between January 1 and the third Friday in | ||||||
4 | February, inclusive, if
live thoroughbred racing is | ||||||
5 | occurring in Illinois, between 6:30 a.m. and 6:30
p.m. | ||||||
6 | the purse share from wagers made during this time | ||||||
7 | period to its
thoroughbred purse account and between | ||||||
8 | 6:30 p.m. and 6:30 a.m. the purse share
from wagers | ||||||
9 | made during this time period to its standardbred purse | ||||||
10 | accounts;
| ||||||
11 | (D) Between the third Saturday in February and | ||||||
12 | December 31, when the
interstate simulcast occurs | ||||||
13 | between the hours of 6:30 a.m. and 6:30 p.m., the
purse | ||||||
14 | share to its thoroughbred purse account;
| ||||||
15 | (E) Between the third Saturday in February and | ||||||
16 | December 31, when the
interstate simulcast occurs | ||||||
17 | between the hours of 6:30 p.m. and 6:30 a.m., the
purse | ||||||
18 | share to its standardbred purse account.
| ||||||
19 | (7.1) Notwithstanding any other provision of this Act | ||||||
20 | to the contrary,
if
no
standardbred racing is conducted at | ||||||
21 | a racetrack located in Madison County
during any
calendar | ||||||
22 | year beginning on or after January 1, 2002, all
moneys | ||||||
23 | derived by
that racetrack from simulcast wagering and | ||||||
24 | inter-track wagering that (1) are to
be used
for purses and | ||||||
25 | (2) are generated between the hours of 6:30 p.m. and 6:30 | ||||||
26 | a.m.
during that
calendar year shall
be paid as follows:
|
| |||||||
| |||||||
1 | (A) If the licensee that conducts horse racing at | ||||||
2 | that racetrack
requests from the Board at least as many | ||||||
3 | racing dates as were conducted in
calendar year 2000, | ||||||
4 | 80% shall be paid to its thoroughbred purse account; | ||||||
5 | and
| ||||||
6 | (B) Twenty percent shall be deposited into the | ||||||
7 | Illinois Colt Stakes
Purse
Distribution
Fund and shall | ||||||
8 | be paid to purses for standardbred races for Illinois | ||||||
9 | conceived
and foaled horses conducted at any county | ||||||
10 | fairgrounds.
The moneys deposited into the Fund | ||||||
11 | pursuant to this subparagraph (B) shall be
deposited
| ||||||
12 | within 2
weeks after the day they were generated, shall | ||||||
13 | be in addition to and not in
lieu of any other
moneys | ||||||
14 | paid to standardbred purses under this Act, and shall | ||||||
15 | not be commingled
with other moneys paid into that | ||||||
16 | Fund. The moneys deposited
pursuant to this | ||||||
17 | subparagraph (B) shall be allocated as provided by the
| ||||||
18 | Department of Agriculture, with the advice and | ||||||
19 | assistance of the Illinois
Standardbred
Breeders Fund | ||||||
20 | Advisory Board.
| ||||||
21 | (7.2) Notwithstanding any other provision of this Act | ||||||
22 | to the contrary, if
no
thoroughbred racing is conducted at | ||||||
23 | a racetrack located in Madison County
during any
calendar | ||||||
24 | year beginning on or after January 1,
2002, all
moneys | ||||||
25 | derived by
that racetrack from simulcast wagering and | ||||||
26 | inter-track wagering that (1) are to
be used
for purses and |
| |||||||
| |||||||
1 | (2) are generated between the hours of 6:30 a.m. and 6:30 | ||||||
2 | p.m.
during that
calendar year shall
be deposited as | ||||||
3 | follows:
| ||||||
4 | (A) If the licensee that conducts horse racing at | ||||||
5 | that racetrack
requests from the
Board at least
as many | ||||||
6 | racing dates as were conducted in calendar year 2000, | ||||||
7 | 80%
shall be deposited into its standardbred purse
| ||||||
8 | account; and
| ||||||
9 | (B) Twenty percent shall be deposited into the | ||||||
10 | Illinois Colt Stakes
Purse
Distribution Fund. Moneys | ||||||
11 | deposited into the Illinois Colt Stakes Purse
| ||||||
12 | Distribution Fund
pursuant to this subparagraph (B) | ||||||
13 | shall be paid to Illinois
conceived and foaled | ||||||
14 | thoroughbred breeders' programs
and to thoroughbred | ||||||
15 | purses for races conducted at any county fairgrounds | ||||||
16 | for
Illinois conceived
and foaled horses at the | ||||||
17 | discretion of the
Department of Agriculture, with the | ||||||
18 | advice and assistance of
the Illinois Thoroughbred | ||||||
19 | Breeders Fund Advisory
Board. The moneys deposited | ||||||
20 | into the Illinois Colt Stakes Purse Distribution
Fund
| ||||||
21 | pursuant to this subparagraph (B) shall be deposited | ||||||
22 | within 2 weeks
after the day they were generated, shall | ||||||
23 | be in addition to and not in
lieu of any other moneys | ||||||
24 | paid to thoroughbred purses
under this Act, and shall | ||||||
25 | not be commingled with other moneys deposited into
that | ||||||
26 | Fund.
|
| |||||||
| |||||||
1 | (7.3) If no live standardbred racing is conducted at a | ||||||
2 | racetrack located
in
Madison
County in calendar year 2000 | ||||||
3 | or 2001,
an organization licensee who is licensed
to | ||||||
4 | conduct horse racing at that racetrack shall, before | ||||||
5 | January 1, 2002, pay
all
moneys derived from simulcast | ||||||
6 | wagering and inter-track wagering in calendar
years 2000 | ||||||
7 | and 2001 and
paid into the licensee's standardbred purse | ||||||
8 | account as follows:
| ||||||
9 | (A) Eighty percent to that licensee's thoroughbred | ||||||
10 | purse account to
be used for thoroughbred purses; and
| ||||||
11 | (B) Twenty percent to the Illinois Colt Stakes | ||||||
12 | Purse Distribution
Fund.
| ||||||
13 | Failure to make the payment to the Illinois Colt Stakes | ||||||
14 | Purse Distribution
Fund before January 1, 2002
shall
result | ||||||
15 | in the immediate revocation of the licensee's organization
| ||||||
16 | license, inter-track wagering license, and inter-track | ||||||
17 | wagering location
license.
| ||||||
18 | Moneys paid into the Illinois
Colt Stakes Purse | ||||||
19 | Distribution Fund pursuant to this
paragraph (7.3) shall be | ||||||
20 | paid to purses for standardbred
races for Illinois | ||||||
21 | conceived and foaled horses conducted
at any county
| ||||||
22 | fairgrounds.
Moneys paid into the Illinois
Colt Stakes | ||||||
23 | Purse Distribution Fund pursuant to this
paragraph (7.3) | ||||||
24 | shall be used as determined by the
Department of | ||||||
25 | Agriculture, with the advice and assistance of the
Illinois | ||||||
26 | Standardbred Breeders Fund Advisory Board, shall be in |
| |||||||
| |||||||
1 | addition to
and not in lieu of any other moneys paid to | ||||||
2 | standardbred purses under this Act,
and shall not be | ||||||
3 | commingled
with any other moneys paid into that Fund.
| ||||||
4 | (7.4) If live standardbred racing is conducted at a | ||||||
5 | racetrack located in
Madison
County at any time in calendar | ||||||
6 | year 2001 before the payment required
under
paragraph (7.3) | ||||||
7 | has been made, the organization licensee who is licensed to
| ||||||
8 | conduct
racing at that racetrack shall pay all moneys | ||||||
9 | derived by that racetrack from
simulcast
wagering and | ||||||
10 | inter-track wagering during calendar years 2000 and 2001 | ||||||
11 | that (1)
are to be
used for purses and (2) are generated | ||||||
12 | between the hours of 6:30 p.m. and 6:30
a.m.
during 2000 or | ||||||
13 | 2001 to the standardbred purse account at that
racetrack to
| ||||||
14 | be used for standardbred purses.
| ||||||
15 | (8) Notwithstanding any provision in this Act to the | ||||||
16 | contrary, an
organization licensee from a track located in | ||||||
17 | a county with a population in
excess of 230,000 and that | ||||||
18 | borders the Mississippi River and its affiliated
non-host | ||||||
19 | licensees shall not be entitled to share in any retention | ||||||
20 | generated on
racing, inter-track wagering, or simulcast | ||||||
21 | wagering at any other Illinois
wagering facility.
| ||||||
22 | (8.1) Notwithstanding any provisions in this Act to the | ||||||
23 | contrary, if 2
organization licensees
are conducting | ||||||
24 | standardbred race meetings concurrently
between the hours | ||||||
25 | of 6:30 p.m. and 6:30 a.m., after payment of all applicable
| ||||||
26 | State and local taxes and interstate commission fees, the |
| |||||||
| |||||||
1 | remainder of the
amount retained from simulcast wagering | ||||||
2 | otherwise attributable to the host
track and to host track | ||||||
3 | purses shall be split daily between the 2
organization | ||||||
4 | licensees and the purses at the tracks of the 2 | ||||||
5 | organization
licensees, respectively, based on each | ||||||
6 | organization licensee's share
of the total live handle for | ||||||
7 | that day,
provided that this provision shall not apply to | ||||||
8 | any non-host licensee that
derives its license from a track | ||||||
9 | located in a county with a population in
excess of 230,000 | ||||||
10 | and that borders the Mississippi River.
| ||||||
11 | (9) (Blank).
| ||||||
12 | (10) (Blank).
| ||||||
13 | (11) (Blank).
| ||||||
14 | (12) The Board shall have authority to compel all host | ||||||
15 | tracks to receive
the simulcast of any or all races | ||||||
16 | conducted at the Springfield or DuQuoin State
fairgrounds | ||||||
17 | and include all such races as part of their simulcast | ||||||
18 | programs.
| ||||||
19 | (13) Notwithstanding any other provision of this Act, | ||||||
20 | in the event that
the total Illinois pari-mutuel handle on | ||||||
21 | Illinois horse races at all wagering
facilities in any | ||||||
22 | calendar year is less than 75% of the total Illinois
| ||||||
23 | pari-mutuel handle on Illinois horse races at all such | ||||||
24 | wagering facilities for
calendar year 1994, then each | ||||||
25 | wagering facility that has an annual total
Illinois | ||||||
26 | pari-mutuel handle on Illinois horse races that is less |
| |||||||
| |||||||
1 | than 75% of
the total Illinois pari-mutuel handle on | ||||||
2 | Illinois horse races at such wagering
facility for calendar | ||||||
3 | year 1994, shall be permitted to receive, from any amount
| ||||||
4 | otherwise
payable to the purse account at the race track | ||||||
5 | with which the wagering facility
is affiliated in the | ||||||
6 | succeeding calendar year, an amount equal to 2% of the
| ||||||
7 | differential in total Illinois pari-mutuel handle on | ||||||
8 | Illinois horse
races at the wagering facility between that | ||||||
9 | calendar year in question and 1994
provided, however, that | ||||||
10 | a
wagering facility shall not be entitled to any such | ||||||
11 | payment until the Board
certifies in writing to the | ||||||
12 | wagering facility the amount to which the wagering
facility | ||||||
13 | is entitled
and a schedule for payment of the amount to the | ||||||
14 | wagering facility, based on:
(i) the racing dates awarded | ||||||
15 | to the race track affiliated with the wagering
facility | ||||||
16 | during the succeeding year; (ii) the sums available or | ||||||
17 | anticipated to
be available in the purse account of the | ||||||
18 | race track affiliated with the
wagering facility for purses | ||||||
19 | during the succeeding year; and (iii) the need to
ensure | ||||||
20 | reasonable purse levels during the payment period.
The | ||||||
21 | Board's certification
shall be provided no later than | ||||||
22 | January 31 of the succeeding year.
In the event a wagering | ||||||
23 | facility entitled to a payment under this paragraph
(13) is | ||||||
24 | affiliated with a race track that maintains purse accounts | ||||||
25 | for both
standardbred and thoroughbred racing, the amount | ||||||
26 | to be paid to the wagering
facility shall be divided |
| |||||||
| |||||||
1 | between each purse account pro rata, based on the
amount of | ||||||
2 | Illinois handle on Illinois standardbred and thoroughbred | ||||||
3 | racing
respectively at the wagering facility during the | ||||||
4 | previous calendar year.
Annually, the General Assembly | ||||||
5 | shall appropriate sufficient funds from the
General | ||||||
6 | Revenue Fund to the Department of Agriculture for payment | ||||||
7 | into the
thoroughbred and standardbred horse racing purse | ||||||
8 | accounts at
Illinois pari-mutuel tracks. The amount paid to | ||||||
9 | each purse account shall be
the amount certified by the | ||||||
10 | Illinois Racing Board in January to be
transferred from | ||||||
11 | each account to each eligible racing facility in
accordance | ||||||
12 | with the provisions of this Section.
| ||||||
13 | (h) The Board may approve and license the conduct of | ||||||
14 | inter-track wagering
and simulcast wagering by inter-track | ||||||
15 | wagering licensees and inter-track
wagering location licensees | ||||||
16 | subject to the following terms and conditions:
| ||||||
17 | (1) Any person licensed to conduct a race meeting (i) | ||||||
18 | at a track where
60 or more days of racing were conducted | ||||||
19 | during the immediately preceding
calendar year or where | ||||||
20 | over the 5 immediately preceding calendar years an
average | ||||||
21 | of 30 or more days of racing were conducted annually may be | ||||||
22 | issued an
inter-track wagering license; (ii) at a track
| ||||||
23 | located in a county that is bounded by the Mississippi | ||||||
24 | River, which has a
population of less than 150,000 | ||||||
25 | according to the 1990 decennial census, and an
average of | ||||||
26 | at least 60 days of racing per year between 1985 and 1993 |
| |||||||
| |||||||
1 | may be
issued an inter-track wagering license; or (iii) at | ||||||
2 | a track
located in Madison
County that conducted at least | ||||||
3 | 100 days of live racing during the immediately
preceding
| ||||||
4 | calendar year may be issued an inter-track wagering | ||||||
5 | license, unless a lesser
schedule of
live racing is the | ||||||
6 | result of (A) weather, unsafe track conditions, or other
| ||||||
7 | acts of God; (B)
an agreement between the organization | ||||||
8 | licensee and the associations
representing the
largest | ||||||
9 | number of owners, trainers, jockeys, or standardbred | ||||||
10 | drivers who race
horses at
that organization licensee's | ||||||
11 | racing meeting; or (C) a finding by the Board of
| ||||||
12 | extraordinary circumstances and that it was in the best | ||||||
13 | interest of the public
and the sport to conduct fewer than | ||||||
14 | 100 days of live racing. Any such person
having operating | ||||||
15 | control of the racing facility may receive
inter-track | ||||||
16 | wagering
location licenses. An
eligible race track located | ||||||
17 | in a county that has a population of more than
230,000 and | ||||||
18 | that is bounded by the Mississippi River may establish up | ||||||
19 | to 9
inter-track wagering locations, an eligible race track | ||||||
20 | located in Stickney Township in Cook County may establish | ||||||
21 | up to 16 inter-track wagering locations, and an eligible | ||||||
22 | race track located in Palatine Township in Cook County may | ||||||
23 | establish up to 18 inter-track wagering locations.
An | ||||||
24 | application for
said license shall be filed with the Board | ||||||
25 | prior to such dates as may be
fixed by the Board. With an | ||||||
26 | application for an inter-track
wagering
location license |
| |||||||
| |||||||
1 | there shall be delivered to the Board a certified check or
| ||||||
2 | bank draft payable to the order of the Board for an amount | ||||||
3 | equal to $500.
The application shall be on forms prescribed | ||||||
4 | and furnished by the Board. The
application shall comply | ||||||
5 | with all other rules,
regulations and conditions imposed by | ||||||
6 | the Board in connection therewith.
| ||||||
7 | (2) The Board shall examine the applications with | ||||||
8 | respect to their
conformity with this Act and the rules and | ||||||
9 | regulations imposed by the
Board. If found to be in | ||||||
10 | compliance with the Act and rules and regulations
of the | ||||||
11 | Board, the Board may then issue a license to conduct | ||||||
12 | inter-track
wagering and simulcast wagering to such | ||||||
13 | applicant. All such applications
shall be acted upon by the | ||||||
14 | Board at a meeting to be held on such date as may be
fixed | ||||||
15 | by the Board.
| ||||||
16 | (3) In granting licenses to conduct inter-track | ||||||
17 | wagering and simulcast
wagering, the Board shall give due | ||||||
18 | consideration to
the best interests of the
public, of horse | ||||||
19 | racing, and of maximizing revenue to the State.
| ||||||
20 | (4) Prior to the issuance of a license to conduct | ||||||
21 | inter-track wagering
and simulcast wagering,
the applicant | ||||||
22 | shall file with the Board a bond payable to the State of | ||||||
23 | Illinois
in the sum of $50,000, executed by the applicant | ||||||
24 | and a surety company or
companies authorized to do business | ||||||
25 | in this State, and conditioned upon
(i) the payment by the | ||||||
26 | licensee of all taxes due under Section 27 or 27.1
and any |
| |||||||
| |||||||
1 | other monies due and payable under this Act, and (ii)
| ||||||
2 | distribution by the licensee, upon presentation of the | ||||||
3 | winning ticket or
tickets, of all sums payable to the | ||||||
4 | patrons of pari-mutuel pools.
| ||||||
5 | (5) Each license to conduct inter-track wagering and | ||||||
6 | simulcast
wagering shall specify the person
to whom it is | ||||||
7 | issued, the dates on which such wagering is permitted, and
| ||||||
8 | the track or location where the wagering is to be | ||||||
9 | conducted.
| ||||||
10 | (6) All wagering under such license is subject to this | ||||||
11 | Act and to the
rules and regulations from time to time | ||||||
12 | prescribed by the Board, and every
such license issued by | ||||||
13 | the Board shall contain a recital to that effect.
| ||||||
14 | (7) An inter-track wagering licensee or inter-track | ||||||
15 | wagering location
licensee may accept wagers at the track | ||||||
16 | or location
where it is licensed, or as otherwise provided | ||||||
17 | under this Act.
| ||||||
18 | (8) Inter-track wagering or simulcast wagering shall | ||||||
19 | not be
conducted
at any track less than 5 miles from a | ||||||
20 | track at which a racing meeting is in
progress.
| ||||||
21 | (8.1) Inter-track wagering location
licensees who | ||||||
22 | derive their licenses from a particular organization | ||||||
23 | licensee
shall conduct inter-track wagering and simulcast | ||||||
24 | wagering only at locations that
are within 160 miles of | ||||||
25 | that race track
where
the particular organization licensee | ||||||
26 | is licensed to conduct racing. However, inter-track |
| |||||||
| |||||||
1 | wagering and simulcast wagering
shall not
be conducted by | ||||||
2 | those licensees at any location within 5 miles of any race
| ||||||
3 | track at which a
horse race meeting has been licensed in | ||||||
4 | the current year, unless the person
having operating | ||||||
5 | control of such race track has given its written consent
to | ||||||
6 | such inter-track wagering location licensees,
which | ||||||
7 | consent
must be filed with the Board at or prior to the | ||||||
8 | time application is made. In the case of any inter-track | ||||||
9 | wagering location licensee initially licensed after | ||||||
10 | December 31, 2013, inter-track wagering and simulcast | ||||||
11 | wagering shall not be conducted by those inter-track | ||||||
12 | wagering location licensees that are located outside the | ||||||
13 | City of Chicago at any location within 8 miles of any race | ||||||
14 | track at which a horse race meeting has been licensed in | ||||||
15 | the current year, unless the person having operating | ||||||
16 | control of such race track has given its written consent to | ||||||
17 | such inter-track wagering location licensees, which | ||||||
18 | consent must be filed with the Board at or prior to the | ||||||
19 | time application is made.
| ||||||
20 | (8.2) Inter-track wagering or simulcast wagering shall | ||||||
21 | not be
conducted by an inter-track
wagering location | ||||||
22 | licensee at any location within 500 feet of an
existing
| ||||||
23 | church or existing school, nor within 500 feet of the | ||||||
24 | residences
of more than 50 registered voters without
| ||||||
25 | receiving written permission from a majority of the | ||||||
26 | registered
voters at such residences.
Such written |
| |||||||
| |||||||
1 | permission statements shall be filed with the Board. The
| ||||||
2 | distance of 500 feet shall be measured to the nearest part | ||||||
3 | of any
building
used for worship services, education | ||||||
4 | programs, residential purposes, or
conducting inter-track | ||||||
5 | wagering by an inter-track wagering location
licensee, and | ||||||
6 | not to property boundaries. However, inter-track wagering | ||||||
7 | or
simulcast wagering may be conducted at a site within 500 | ||||||
8 | feet of
a church, school or residences
of 50 or more | ||||||
9 | registered voters if such church, school
or residences have | ||||||
10 | been erected
or established, or such voters have been | ||||||
11 | registered, after
the Board issues
the original | ||||||
12 | inter-track wagering location license at the site in | ||||||
13 | question.
Inter-track wagering location licensees may | ||||||
14 | conduct inter-track wagering
and simulcast wagering only | ||||||
15 | in areas that are zoned for
commercial or manufacturing | ||||||
16 | purposes or
in areas for which a special use has been | ||||||
17 | approved by the local zoning
authority. However, no license | ||||||
18 | to conduct inter-track wagering and simulcast
wagering | ||||||
19 | shall be
granted by the Board with respect to any | ||||||
20 | inter-track wagering location
within the jurisdiction of | ||||||
21 | any local zoning authority which has, by
ordinance or by | ||||||
22 | resolution, prohibited the establishment of an inter-track
| ||||||
23 | wagering location within its jurisdiction. However, | ||||||
24 | inter-track wagering
and simulcast wagering may be | ||||||
25 | conducted at a site if such ordinance or
resolution is | ||||||
26 | enacted after
the Board licenses the original inter-track |
| |||||||
| |||||||
1 | wagering location
licensee for the site in question.
| ||||||
2 | (9) (Blank).
| ||||||
3 | (10) An inter-track wagering licensee or an | ||||||
4 | inter-track wagering
location licensee may retain, subject | ||||||
5 | to the
payment of the privilege taxes and the purses, an | ||||||
6 | amount not to
exceed 17% of all money wagered. Each program | ||||||
7 | of racing conducted by
each inter-track wagering licensee | ||||||
8 | or inter-track wagering location
licensee shall be | ||||||
9 | considered a separate racing day for the purpose of
| ||||||
10 | determining the daily handle and computing the privilege | ||||||
11 | tax or pari-mutuel
tax on such daily
handle as provided in | ||||||
12 | Section 27.
| ||||||
13 | (10.1) Except as provided in subsection (g) of Section | ||||||
14 | 27 of this Act,
inter-track wagering location licensees | ||||||
15 | shall pay 1% of the
pari-mutuel handle at each location to | ||||||
16 | the municipality in which such
location is situated and 1% | ||||||
17 | of the pari-mutuel handle at each location to
the county in | ||||||
18 | which such location is situated. In the event that an
| ||||||
19 | inter-track wagering location licensee is situated in an | ||||||
20 | unincorporated
area of a county, such licensee shall pay 2% | ||||||
21 | of the pari-mutuel handle from
such location to such | ||||||
22 | county.
| ||||||
23 | (10.2) Notwithstanding any other provision of this | ||||||
24 | Act, with respect to inter-track
wagering at a race track | ||||||
25 | located in a
county that has a population of
more than | ||||||
26 | 230,000 and that is bounded by the Mississippi River ("the |
| |||||||
| |||||||
1 | first race
track"), or at a facility operated by an | ||||||
2 | inter-track wagering licensee or
inter-track wagering | ||||||
3 | location licensee that derives its license from the
| ||||||
4 | organization licensee that operates the first race track, | ||||||
5 | on races conducted at
the first race track or on races | ||||||
6 | conducted at another Illinois race track
and | ||||||
7 | simultaneously televised to the first race track or to a | ||||||
8 | facility operated
by an inter-track wagering licensee or | ||||||
9 | inter-track wagering location licensee
that derives its | ||||||
10 | license from the organization licensee that operates the | ||||||
11 | first
race track, those moneys shall be allocated as | ||||||
12 | follows:
| ||||||
13 | (A) That portion of all moneys wagered on | ||||||
14 | standardbred racing that is
required under this Act to | ||||||
15 | be paid to purses shall be paid to purses for
| ||||||
16 | standardbred races.
| ||||||
17 | (B) That portion of all moneys wagered on | ||||||
18 | thoroughbred racing
that is required under this Act to | ||||||
19 | be paid to purses shall be paid to purses
for | ||||||
20 | thoroughbred races.
| ||||||
21 | (11) (A) After payment of the privilege or pari-mutuel | ||||||
22 | tax, any other
applicable
taxes, and
the costs and expenses | ||||||
23 | in connection with the gathering, transmission, and
| ||||||
24 | dissemination of all data necessary to the conduct of | ||||||
25 | inter-track wagering,
the remainder of the monies retained | ||||||
26 | under either Section 26 or Section 26.2
of this Act by the |
| |||||||
| |||||||
1 | inter-track wagering licensee on inter-track wagering
| ||||||
2 | shall be allocated with 50% to be split between the
2 | ||||||
3 | participating licensees and 50% to purses, except
that an | ||||||
4 | inter-track wagering licensee that derives its
license | ||||||
5 | from a track located in a county with a population in | ||||||
6 | excess of 230,000
and that borders the Mississippi River | ||||||
7 | shall not divide any remaining
retention with the Illinois | ||||||
8 | organization licensee that provides the race or
races, and | ||||||
9 | an inter-track wagering licensee that accepts wagers on | ||||||
10 | races
conducted by an organization licensee that conducts a | ||||||
11 | race meet in a county
with a population in excess of | ||||||
12 | 230,000 and that borders the Mississippi River
shall not | ||||||
13 | divide any remaining retention with that organization | ||||||
14 | licensee.
| ||||||
15 | (B) From the
sums permitted to be retained pursuant to | ||||||
16 | this Act each inter-track wagering
location licensee shall | ||||||
17 | pay (i) the privilege or pari-mutuel tax to the
State; (ii) | ||||||
18 | 4.75% of the
pari-mutuel handle on inter-track wagering at | ||||||
19 | such location on
races as purses, except that
an | ||||||
20 | inter-track wagering location licensee that derives its | ||||||
21 | license from a
track located in a county with a population | ||||||
22 | in excess of 230,000 and that
borders the Mississippi River | ||||||
23 | shall retain all purse moneys for its own purse
account | ||||||
24 | consistent with distribution set forth in this subsection | ||||||
25 | (h), and inter-track
wagering location licensees that | ||||||
26 | accept wagers on races
conducted
by an organization |
| |||||||
| |||||||
1 | licensee located in a county with a population in excess of
| ||||||
2 | 230,000 and that borders the Mississippi River shall | ||||||
3 | distribute all purse
moneys to purses at the operating host | ||||||
4 | track; (iii) until January 1, 2000,
except as
provided in
| ||||||
5 | subsection (g) of Section 27 of this Act, 1% of the
| ||||||
6 | pari-mutuel handle wagered on inter-track wagering and | ||||||
7 | simulcast wagering at
each inter-track wagering
location | ||||||
8 | licensee facility to the Horse Racing Tax Allocation Fund, | ||||||
9 | provided
that, to the extent the total amount collected and | ||||||
10 | distributed to the Horse
Racing Tax Allocation Fund under | ||||||
11 | this subsection (h) during any calendar year
exceeds the | ||||||
12 | amount collected and distributed to the Horse Racing Tax | ||||||
13 | Allocation
Fund during calendar year 1994, that excess | ||||||
14 | amount shall be redistributed (I)
to all inter-track | ||||||
15 | wagering location licensees, based on each licensee's
| ||||||
16 | pro-rata share of the total handle from inter-track | ||||||
17 | wagering and simulcast
wagering for all inter-track | ||||||
18 | wagering location licensees during the calendar
year in | ||||||
19 | which this provision is applicable; then (II) the amounts | ||||||
20 | redistributed
to each inter-track wagering location | ||||||
21 | licensee as described in subpart (I)
shall be further | ||||||
22 | redistributed as provided in subparagraph (B) of paragraph | ||||||
23 | (5)
of subsection (g) of this Section 26 provided first, | ||||||
24 | that the shares of those
amounts, which are to be | ||||||
25 | redistributed to the host track or to purses at the
host | ||||||
26 | track under subparagraph (B) of paragraph (5) of subsection |
| |||||||
| |||||||
1 | (g) of this
Section 26 shall be
redistributed based on each | ||||||
2 | host track's pro rata share of the total
inter-track
| ||||||
3 | wagering and simulcast wagering handle at all host tracks | ||||||
4 | during the calendar
year in question, and second, that any | ||||||
5 | amounts redistributed as described in
part (I) to an | ||||||
6 | inter-track wagering location licensee that accepts
wagers | ||||||
7 | on races conducted by an organization licensee that | ||||||
8 | conducts a race meet
in a county with a population in | ||||||
9 | excess of 230,000 and that borders the
Mississippi River | ||||||
10 | shall be further redistributed as provided in | ||||||
11 | subparagraphs
(D) and (E) of paragraph (7) of subsection | ||||||
12 | (g) of this Section 26, with the
portion of that
further | ||||||
13 | redistribution allocated to purses at that organization | ||||||
14 | licensee to be
divided between standardbred purses and | ||||||
15 | thoroughbred purses based on the
amounts otherwise | ||||||
16 | allocated to purses at that organization licensee during | ||||||
17 | the
calendar year in question; and (iv) 8% of the | ||||||
18 | pari-mutuel handle on
inter-track wagering wagered at
such | ||||||
19 | location to satisfy all costs and expenses of conducting | ||||||
20 | its wagering. The
remainder of the monies retained by the | ||||||
21 | inter-track wagering location licensee
shall be allocated | ||||||
22 | 40% to the location licensee and 60% to the organization
| ||||||
23 | licensee which provides the Illinois races to the location, | ||||||
24 | except that an inter-track
wagering location
licensee that | ||||||
25 | derives its license from a track located in a county with a
| ||||||
26 | population in excess of 230,000 and that borders the |
| |||||||
| |||||||
1 | Mississippi River shall
not divide any remaining retention | ||||||
2 | with the organization licensee that provides
the race or | ||||||
3 | races and an inter-track wagering location licensee that | ||||||
4 | accepts
wagers on races conducted by an organization | ||||||
5 | licensee that conducts a race meet
in a county with a | ||||||
6 | population in excess of 230,000 and that borders the
| ||||||
7 | Mississippi River shall not divide any remaining retention | ||||||
8 | with the
organization licensee.
Notwithstanding the | ||||||
9 | provisions of clauses (ii) and (iv) of this
paragraph, in | ||||||
10 | the case of the additional inter-track wagering location | ||||||
11 | licenses
authorized under paragraph (1) of this subsection | ||||||
12 | (h) by Public Act 87-110, those licensees shall pay the | ||||||
13 | following amounts as purses:
during the first 12 months the | ||||||
14 | licensee is in operation, 5.25% of
the
pari-mutuel handle | ||||||
15 | wagered at the location on races; during the second 12
| ||||||
16 | months, 5.25%; during the third 12 months, 5.75%;
during
| ||||||
17 | the fourth 12 months,
6.25%; and during the fifth 12 months | ||||||
18 | and thereafter, 6.75%. The
following amounts shall be | ||||||
19 | retained by the licensee to satisfy all costs
and expenses | ||||||
20 | of conducting its wagering: during the first 12 months the
| ||||||
21 | licensee is in operation, 8.25% of the pari-mutuel handle | ||||||
22 | wagered
at the
location; during the second 12 months, | ||||||
23 | 8.25%; during the third 12
months, 7.75%;
during the fourth | ||||||
24 | 12 months, 7.25%; and during the fifth 12 months
and
| ||||||
25 | thereafter, 6.75%.
For additional inter-track wagering | ||||||
26 | location licensees authorized under Public Act 89-16, |
| |||||||
| |||||||
1 | purses for the first 12 months the licensee is in operation | ||||||
2 | shall
be 5.75% of the pari-mutuel wagered
at the location, | ||||||
3 | purses for the second 12 months the licensee is in | ||||||
4 | operation
shall be 6.25%, and purses
thereafter shall be | ||||||
5 | 6.75%. For additional inter-track location
licensees
| ||||||
6 | authorized under Public Act 89-16, the licensee shall be | ||||||
7 | allowed to retain to satisfy
all costs and expenses: 7.75% | ||||||
8 | of the pari-mutuel handle wagered at
the location
during | ||||||
9 | its first 12 months of operation, 7.25% during its second
| ||||||
10 | 12
months of
operation, and 6.75% thereafter.
| ||||||
11 | (C) There is hereby created the Horse Racing Tax | ||||||
12 | Allocation Fund
which shall remain in existence until | ||||||
13 | December 31, 1999. Moneys
remaining in the Fund after | ||||||
14 | December 31, 1999
shall be paid into the
General Revenue | ||||||
15 | Fund. Until January 1, 2000,
all monies paid into the Horse | ||||||
16 | Racing Tax Allocation Fund pursuant to this
paragraph (11) | ||||||
17 | by inter-track wagering location licensees located in park
| ||||||
18 | districts of 500,000 population or less, or in a | ||||||
19 | municipality that is not
included within any park district | ||||||
20 | but is included within a conservation
district and is the | ||||||
21 | county seat of a county that (i) is contiguous to the state
| ||||||
22 | of Indiana and (ii) has a 1990 population of 88,257 | ||||||
23 | according to the United
States Bureau of the Census, and | ||||||
24 | operating on May 1, 1994 shall be
allocated by | ||||||
25 | appropriation as follows:
| ||||||
26 | Two-sevenths to the Department of Agriculture. |
| |||||||
| |||||||
1 | Fifty percent of
this two-sevenths shall be used to | ||||||
2 | promote the Illinois horse racing and
breeding | ||||||
3 | industry, and shall be distributed by the Department of | ||||||
4 | Agriculture
upon the advice of a 9-member committee | ||||||
5 | appointed by the Governor consisting of
the following | ||||||
6 | members: the Director of Agriculture, who shall serve | ||||||
7 | as
chairman; 2 representatives of organization | ||||||
8 | licensees conducting thoroughbred
race meetings in | ||||||
9 | this State, recommended by those licensees; 2 | ||||||
10 | representatives
of organization licensees conducting | ||||||
11 | standardbred race meetings in this State,
recommended | ||||||
12 | by those licensees; a representative of the Illinois
| ||||||
13 | Thoroughbred Breeders and Owners Foundation, | ||||||
14 | recommended by that
Foundation; a representative of | ||||||
15 | the Illinois Standardbred Owners and
Breeders | ||||||
16 | Association, recommended
by that Association; a | ||||||
17 | representative of
the Horsemen's Benevolent and | ||||||
18 | Protective Association or any successor
organization | ||||||
19 | thereto established in Illinois comprised of the | ||||||
20 | largest number of
owners and trainers, recommended by | ||||||
21 | that
Association or that successor organization; and a
| ||||||
22 | representative of the Illinois Harness Horsemen's
| ||||||
23 | Association, recommended by that Association. | ||||||
24 | Committee members shall
serve for terms of 2 years, | ||||||
25 | commencing January 1 of each even-numbered
year. If a | ||||||
26 | representative of any of the above-named entities has |
| |||||||
| |||||||
1 | not been
recommended by January 1 of any even-numbered | ||||||
2 | year, the Governor shall
appoint a committee member to | ||||||
3 | fill that position. Committee members shall
receive no | ||||||
4 | compensation for their services as members but shall be
| ||||||
5 | reimbursed for all actual and necessary expenses and | ||||||
6 | disbursements incurred
in the performance of their | ||||||
7 | official duties. The remaining 50% of this
| ||||||
8 | two-sevenths shall be distributed to county fairs for | ||||||
9 | premiums and
rehabilitation as set forth in the | ||||||
10 | Agricultural Fair Act;
| ||||||
11 | Four-sevenths to park districts or municipalities | ||||||
12 | that do not have a
park district of 500,000 population | ||||||
13 | or less for museum purposes (if an
inter-track wagering | ||||||
14 | location licensee is located in such a park district) | ||||||
15 | or
to conservation districts for museum purposes (if an | ||||||
16 | inter-track wagering
location licensee is located in a | ||||||
17 | municipality that is not included within any
park | ||||||
18 | district but is included within a conservation | ||||||
19 | district and is the county
seat of a county that (i) is | ||||||
20 | contiguous to the state of Indiana and (ii) has a
1990 | ||||||
21 | population of 88,257 according to the United States | ||||||
22 | Bureau of the Census,
except that if the conservation | ||||||
23 | district does not maintain a museum, the monies
shall | ||||||
24 | be allocated equally between the county and the | ||||||
25 | municipality in which the
inter-track wagering | ||||||
26 | location licensee is located for general purposes) or |
| |||||||
| |||||||
1 | to a
municipal recreation board for park purposes (if | ||||||
2 | an inter-track wagering
location licensee is located | ||||||
3 | in a municipality that is not included within any
park | ||||||
4 | district and park maintenance is the function of the | ||||||
5 | municipal recreation
board and the municipality has a | ||||||
6 | 1990 population of 9,302 according to the
United States | ||||||
7 | Bureau of the Census); provided that the monies are | ||||||
8 | distributed
to each park district or conservation | ||||||
9 | district or municipality that does not
have a park | ||||||
10 | district in an amount equal to four-sevenths of the | ||||||
11 | amount
collected by each inter-track wagering location | ||||||
12 | licensee within the park
district or conservation | ||||||
13 | district or municipality for the Fund. Monies that
were | ||||||
14 | paid into the Horse Racing Tax Allocation Fund before | ||||||
15 | August 9, 1991 (the effective date
of Public Act | ||||||
16 | 87-110) by an inter-track wagering location licensee
| ||||||
17 | located in a municipality that is not included within | ||||||
18 | any park district but is
included within a conservation | ||||||
19 | district as provided in this paragraph shall, as
soon | ||||||
20 | as practicable after August 9, 1991 (the effective date | ||||||
21 | of Public Act 87-110), be
allocated and paid to that | ||||||
22 | conservation district as provided in this paragraph.
| ||||||
23 | Any park district or municipality not maintaining a | ||||||
24 | museum may deposit the
monies in the corporate fund of | ||||||
25 | the park district or municipality where the
| ||||||
26 | inter-track wagering location is located, to be used |
| |||||||
| |||||||
1 | for general purposes;
and
| ||||||
2 | One-seventh to the Agricultural Premium Fund to be | ||||||
3 | used for distribution
to agricultural home economics | ||||||
4 | extension councils in accordance with "An
Act in | ||||||
5 | relation to additional support and finances for the | ||||||
6 | Agricultural and
Home Economic Extension Councils in | ||||||
7 | the several counties of this State and
making an | ||||||
8 | appropriation therefor", approved July 24, 1967.
| ||||||
9 | Until January 1, 2000, all other
monies paid into the | ||||||
10 | Horse Racing Tax
Allocation Fund pursuant to
this paragraph | ||||||
11 | (11) shall be allocated by appropriation as follows:
| ||||||
12 | Two-sevenths to the Department of Agriculture. | ||||||
13 | Fifty percent of this
two-sevenths shall be used to | ||||||
14 | promote the Illinois horse racing and breeding
| ||||||
15 | industry, and shall be distributed by the Department of | ||||||
16 | Agriculture upon the
advice of a 9-member committee | ||||||
17 | appointed by the Governor consisting of the
following | ||||||
18 | members: the Director of Agriculture, who shall serve | ||||||
19 | as chairman; 2
representatives of organization | ||||||
20 | licensees conducting thoroughbred race meetings
in | ||||||
21 | this State, recommended by those licensees; 2 | ||||||
22 | representatives of
organization licensees conducting | ||||||
23 | standardbred race meetings in this State,
recommended | ||||||
24 | by those licensees; a representative of the Illinois | ||||||
25 | Thoroughbred
Breeders and Owners Foundation, | ||||||
26 | recommended by that Foundation; a
representative of |
| |||||||
| |||||||
1 | the Illinois Standardbred Owners and Breeders | ||||||
2 | Association,
recommended by that Association; a | ||||||
3 | representative of the Horsemen's Benevolent
and | ||||||
4 | Protective Association or any successor organization | ||||||
5 | thereto established
in Illinois comprised of the | ||||||
6 | largest number of owners and trainers,
recommended by | ||||||
7 | that Association or that successor organization; and a
| ||||||
8 | representative of the Illinois Harness Horsemen's | ||||||
9 | Association, recommended by
that Association. | ||||||
10 | Committee members shall serve for terms of 2 years,
| ||||||
11 | commencing January 1 of each even-numbered year. If a | ||||||
12 | representative of any of
the above-named entities has | ||||||
13 | not been recommended by January 1 of any
even-numbered | ||||||
14 | year, the Governor shall appoint a committee member to | ||||||
15 | fill that
position. Committee members shall receive no | ||||||
16 | compensation for their services
as members but shall be | ||||||
17 | reimbursed for all actual and necessary expenses and
| ||||||
18 | disbursements incurred in the performance of their | ||||||
19 | official duties. The
remaining 50% of this | ||||||
20 | two-sevenths shall be distributed to county fairs for
| ||||||
21 | premiums and rehabilitation as set forth in the | ||||||
22 | Agricultural Fair Act;
| ||||||
23 | Four-sevenths to museums and aquariums located in | ||||||
24 | park districts of over
500,000 population; provided | ||||||
25 | that the monies are distributed in accordance with
the | ||||||
26 | previous year's distribution of the maintenance tax |
| |||||||
| |||||||
1 | for such museums and
aquariums as provided in Section 2 | ||||||
2 | of the Park District Aquarium and Museum
Act; and
| ||||||
3 | One-seventh to the Agricultural Premium Fund to be | ||||||
4 | used for distribution
to agricultural home economics | ||||||
5 | extension councils in accordance with "An Act
in | ||||||
6 | relation to additional support and finances for the | ||||||
7 | Agricultural and
Home Economic Extension Councils in | ||||||
8 | the several counties of this State and
making an | ||||||
9 | appropriation therefor", approved July 24, 1967.
This | ||||||
10 | subparagraph (C) shall be inoperative and of no force | ||||||
11 | and effect on and
after January 1, 2000.
| ||||||
12 | (D) Except as provided in paragraph (11) of this | ||||||
13 | subsection (h),
with respect to purse allocation from | ||||||
14 | inter-track wagering, the monies so
retained shall be | ||||||
15 | divided as follows:
| ||||||
16 | (i) If the inter-track wagering licensee, | ||||||
17 | except an inter-track
wagering licensee that | ||||||
18 | derives its license from an organization
licensee | ||||||
19 | located in a county with a population in excess of | ||||||
20 | 230,000 and bounded
by the Mississippi River, is | ||||||
21 | not conducting its own
race meeting during the same | ||||||
22 | dates, then the entire purse allocation shall be
to | ||||||
23 | purses at the track where the races wagered on are | ||||||
24 | being conducted.
| ||||||
25 | (ii) If the inter-track wagering licensee, | ||||||
26 | except an inter-track
wagering licensee that |
| |||||||
| |||||||
1 | derives its license from an organization
licensee | ||||||
2 | located in a county with a population in excess of | ||||||
3 | 230,000 and bounded
by the Mississippi River, is | ||||||
4 | also
conducting its own
race meeting during the | ||||||
5 | same dates, then the purse allocation shall be as
| ||||||
6 | follows: 50% to purses at the track where the races | ||||||
7 | wagered on are
being conducted; 50% to purses at | ||||||
8 | the track where the inter-track
wagering licensee | ||||||
9 | is accepting such wagers.
| ||||||
10 | (iii) If the inter-track wagering is being | ||||||
11 | conducted by an inter-track
wagering location | ||||||
12 | licensee, except an inter-track wagering location | ||||||
13 | licensee
that derives its license from an | ||||||
14 | organization licensee located in a
county with a | ||||||
15 | population in excess of 230,000 and bounded by the | ||||||
16 | Mississippi
River, the entire purse allocation for | ||||||
17 | Illinois races shall
be to purses at the track | ||||||
18 | where the race meeting being wagered on is being
| ||||||
19 | held.
| ||||||
20 | (12) The Board shall have all powers necessary and | ||||||
21 | proper to fully
supervise and control the conduct of
| ||||||
22 | inter-track wagering and simulcast
wagering by inter-track | ||||||
23 | wagering licensees and inter-track wagering location
| ||||||
24 | licensees, including, but not
limited to the following:
| ||||||
25 | (A) The Board is vested with power to promulgate | ||||||
26 | reasonable rules and
regulations for the purpose of |
| |||||||
| |||||||
1 | administering the
conduct of this
wagering and to | ||||||
2 | prescribe reasonable rules, regulations and conditions | ||||||
3 | under
which such wagering shall be held and conducted. | ||||||
4 | Such rules and regulations
are to provide for the | ||||||
5 | prevention of practices detrimental to the public
| ||||||
6 | interest and for
the best interests of said wagering | ||||||
7 | and to impose penalties
for violations thereof.
| ||||||
8 | (B) The Board, and any person or persons to whom it | ||||||
9 | delegates this
power, is vested with the power to enter | ||||||
10 | the
facilities of any licensee to determine whether | ||||||
11 | there has been
compliance with the provisions of this | ||||||
12 | Act and the rules and regulations
relating to the | ||||||
13 | conduct of such wagering.
| ||||||
14 | (C) The Board, and any person or persons to whom it | ||||||
15 | delegates this
power, may eject or exclude from any | ||||||
16 | licensee's facilities, any person whose
conduct or | ||||||
17 | reputation
is such that his presence on such premises | ||||||
18 | may, in the opinion of the Board,
call into the | ||||||
19 | question the honesty and integrity of, or interfere | ||||||
20 | with the
orderly conduct of such wagering; provided, | ||||||
21 | however, that no person shall
be excluded or ejected | ||||||
22 | from such premises solely on the grounds of race,
| ||||||
23 | color, creed, national origin, ancestry, or sex.
| ||||||
24 | (D) (Blank).
| ||||||
25 | (E) The Board is vested with the power to appoint | ||||||
26 | delegates to execute
any of the powers granted to it |
| |||||||
| |||||||
1 | under this Section for the purpose of
administering | ||||||
2 | this wagering and any
rules and
regulations
| ||||||
3 | promulgated in accordance with this Act.
| ||||||
4 | (F) The Board shall name and appoint a State | ||||||
5 | director of this wagering
who shall be a representative | ||||||
6 | of the Board and whose
duty it shall
be to supervise | ||||||
7 | the conduct of inter-track wagering as may be provided | ||||||
8 | for
by the rules and regulations of the Board; such | ||||||
9 | rules and regulation shall
specify the method of | ||||||
10 | appointment and the Director's powers, authority and
| ||||||
11 | duties.
| ||||||
12 | (G) The Board is vested with the power to impose | ||||||
13 | civil penalties of up
to $5,000 against individuals and | ||||||
14 | up to $10,000 against
licensees for each violation of | ||||||
15 | any provision of
this Act relating to the conduct of | ||||||
16 | this wagering, any
rules adopted
by the Board, any | ||||||
17 | order of the Board or any other action which in the | ||||||
18 | Board's
discretion, is a detriment or impediment to | ||||||
19 | such wagering.
| ||||||
20 | (13) The Department of Agriculture may enter into | ||||||
21 | agreements with
licensees authorizing such licensees to | ||||||
22 | conduct inter-track
wagering on races to be held at the | ||||||
23 | licensed race meetings conducted by the
Department of | ||||||
24 | Agriculture. Such
agreement shall specify the races of the | ||||||
25 | Department of Agriculture's
licensed race meeting upon | ||||||
26 | which the licensees will conduct wagering. In the
event |
| |||||||
| |||||||
1 | that a licensee
conducts inter-track pari-mutuel wagering | ||||||
2 | on races from the Illinois State Fair
or DuQuoin State Fair | ||||||
3 | which are in addition to the licensee's previously
approved | ||||||
4 | racing program, those races shall be considered a separate | ||||||
5 | racing day
for the
purpose of determining the daily handle | ||||||
6 | and computing the privilege or
pari-mutuel tax on
that | ||||||
7 | daily handle as provided in Sections 27
and 27.1. Such
| ||||||
8 | agreements shall be approved by the Board before such | ||||||
9 | wagering may be
conducted. In determining whether to grant | ||||||
10 | approval, the Board shall give
due consideration to the | ||||||
11 | best interests of the public and of horse racing.
The | ||||||
12 | provisions of paragraphs (1), (8), (8.1), and (8.2) of
| ||||||
13 | subsection (h) of this
Section which are not specified in | ||||||
14 | this paragraph (13) shall not apply to
licensed race | ||||||
15 | meetings conducted by the Department of Agriculture at the
| ||||||
16 | Illinois State Fair in Sangamon County or the DuQuoin State | ||||||
17 | Fair in Perry
County, or to any wagering conducted on
those | ||||||
18 | race meetings. | ||||||
19 | (14) An inter-track wagering location license | ||||||
20 | authorized by the Board in 2016 that is owned and operated | ||||||
21 | by a race track in Rock Island County shall be transferred | ||||||
22 | to a commonly owned race track in Cook County on August 12, | ||||||
23 | 2016 (the effective date of Public Act 99-757). The | ||||||
24 | licensee shall retain its status in relation to purse | ||||||
25 | distribution under paragraph (11) of this subsection (h) | ||||||
26 | following the transfer to the new entity. The pari-mutuel |
| |||||||
| |||||||
1 | tax credit under Section 32.1 shall not be applied toward | ||||||
2 | any pari-mutuel tax obligation of the inter-track wagering | ||||||
3 | location licensee of the license that is transferred under | ||||||
4 | this paragraph (14).
| ||||||
5 | (i) Notwithstanding the other provisions of this Act, the | ||||||
6 | conduct of
wagering at wagering facilities is authorized on all | ||||||
7 | days, except as limited by
subsection (b) of Section 19 of this | ||||||
8 | Act.
| ||||||
9 | (Source: P.A. 99-756, eff. 8-12-16; 99-757, eff. 8-12-16; | ||||||
10 | 100-201, eff. 8-18-17.)
| ||||||
11 | (230 ILCS 5/26.8) | ||||||
12 | Sec. 26.8. Beginning on February 1, 2014 and through | ||||||
13 | December 31, 2022 2018 , each wagering licensee may impose a | ||||||
14 | surcharge of up to 0.5% on winning wagers and winnings from | ||||||
15 | wagers. The surcharge shall be deducted from winnings prior to | ||||||
16 | payout. All amounts collected from the imposition of this | ||||||
17 | surcharge shall be evenly distributed to the organization | ||||||
18 | licensee and the purse account of the organization licensee | ||||||
19 | with which the licensee is affiliated. The amounts distributed | ||||||
20 | under this Section shall be in addition to the amounts paid | ||||||
21 | pursuant to paragraph (10) of subsection (h) of Section 26, | ||||||
22 | Section 26.3, Section 26.4, Section 26.5, and Section 26.7.
| ||||||
23 | (Source: P.A. 98-624, eff. 1-29-14; 99-756, eff. 8-12-16.)
| ||||||
24 | (230 ILCS 5/26.9) |
| |||||||
| |||||||
1 | Sec. 26.9. Beginning on February 1, 2014 and through | ||||||
2 | December 31, 2022 2018 , in addition to the surcharge imposed in | ||||||
3 | Sections 26.3, 26.4, 26.5, 26.7, and 26.8 of this Act, each | ||||||
4 | licensee shall impose a surcharge of 0.2% on winning wagers and | ||||||
5 | winnings from wagers. The surcharge shall be deducted from | ||||||
6 | winnings prior to payout. All amounts collected from the | ||||||
7 | surcharges imposed under this Section shall be remitted to the | ||||||
8 | Board. From amounts collected under this Section, the Board | ||||||
9 | shall deposit an amount not to exceed $100,000 annually into | ||||||
10 | the Quarter Horse Purse Fund and all remaining amounts into the | ||||||
11 | Horse Racing Fund.
| ||||||
12 | (Source: P.A. 98-624, eff. 1-29-14; 99-756, eff. 8-12-16.)
| ||||||
13 | (230 ILCS 5/27) (from Ch. 8, par. 37-27) | ||||||
14 | Sec. 27. (a) In addition to the organization license fee | ||||||
15 | provided
by this Act, until January 1, 2000, a
graduated | ||||||
16 | privilege tax is hereby
imposed for conducting
the pari-mutuel | ||||||
17 | system of wagering permitted under this
Act. Until January 1, | ||||||
18 | 2000, except as provided in subsection (g) of
Section 27 of | ||||||
19 | this Act, all of
the breakage of each racing day held by any | ||||||
20 | licensee in the State shall be paid
to the State.
Until January | ||||||
21 | 1, 2000, such daily graduated privilege tax shall be paid by
| ||||||
22 | the
licensee from the amount permitted to be retained under | ||||||
23 | this Act.
Until January 1, 2000, each day's
graduated privilege | ||||||
24 | tax, breakage, and Horse Racing Tax Allocation
funds shall be | ||||||
25 | remitted to the Department of Revenue within 48 hours after the
|
| |||||||
| |||||||
1 | close of the racing day upon which it is assessed or within | ||||||
2 | such other time as
the Board prescribes. The privilege tax | ||||||
3 | hereby imposed, until January
1, 2000, shall be a flat tax at
| ||||||
4 | the rate of 2% of the daily pari-mutuel handle except as | ||||||
5 | provided in Section
27.1. | ||||||
6 | In addition, every organization licensee, except as
| ||||||
7 | provided in Section 27.1 of this Act, which conducts multiple
| ||||||
8 | wagering shall pay, until January 1, 2000,
as a privilege tax | ||||||
9 | on multiple
wagers an amount
equal to 1.25% of all moneys | ||||||
10 | wagered each day on such multiple wagers,
plus an additional | ||||||
11 | amount equal to 3.5% of the amount wagered each day on any
| ||||||
12 | other multiple wager which involves a single
betting interest | ||||||
13 | on 3 or more horses. The licensee shall remit the amount of
| ||||||
14 | such taxes to the Department of Revenue within 48 hours after | ||||||
15 | the close of
the racing day on which it is assessed or within | ||||||
16 | such other time as the Board
prescribes. | ||||||
17 | This subsection (a) shall be inoperative and of no force | ||||||
18 | and effect on and
after January 1, 2000. | ||||||
19 | (a-5) Beginning on January 1, 2000, a
flat
pari-mutuel tax | ||||||
20 | at the rate of 1.5% of
the daily
pari-mutuel handle is imposed | ||||||
21 | at all pari-mutuel wagering facilities and on advance deposit | ||||||
22 | wagering from a location other than a wagering facility, except | ||||||
23 | as otherwise provided for in this subsection (a-5). In addition | ||||||
24 | to the pari-mutuel tax imposed on advance deposit wagering | ||||||
25 | pursuant to this subsection (a-5), beginning on August 24, 2012 | ||||||
26 | (the effective date of Public Act 97-1060) and through December |
| |||||||
| |||||||
1 | 31, 2022 2018 , an additional pari-mutuel tax at the rate of | ||||||
2 | 0.25% shall be imposed on advance deposit wagering. Until | ||||||
3 | August 25, 2012, the additional 0.25% pari-mutuel tax imposed | ||||||
4 | on advance deposit wagering by Public Act 96-972 shall be | ||||||
5 | deposited into the Quarter Horse Purse Fund, which shall be | ||||||
6 | created as a non-appropriated trust fund administered by the | ||||||
7 | Board for grants to thoroughbred organization licensees for | ||||||
8 | payment of purses for quarter horse races conducted by the | ||||||
9 | organization licensee. Beginning on August 26, 2012, the | ||||||
10 | additional 0.25% pari-mutuel tax imposed on advance deposit | ||||||
11 | wagering shall be deposited into the Standardbred Purse Fund, | ||||||
12 | which shall be created as a non-appropriated trust fund | ||||||
13 | administered by the Board, for grants to the standardbred | ||||||
14 | organization licensees for payment of purses for standardbred | ||||||
15 | horse races conducted by the organization licensee. | ||||||
16 | Thoroughbred organization licensees may petition the Board to | ||||||
17 | conduct quarter horse racing and receive purse grants from the | ||||||
18 | Quarter Horse Purse Fund. The Board shall have complete | ||||||
19 | discretion in distributing the Quarter Horse Purse Fund to the | ||||||
20 | petitioning organization licensees. Beginning on July 26, 2010 | ||||||
21 | (the effective date of Public Act 96-1287), a pari-mutuel tax | ||||||
22 | at the rate of 0.75% of the daily pari-mutuel handle is imposed | ||||||
23 | at a pari-mutuel facility whose license is derived from a track | ||||||
24 | located in a county that borders the Mississippi River and | ||||||
25 | conducted live racing in the previous year. The pari-mutuel tax | ||||||
26 | imposed by this subsection (a-5)
shall be remitted to the |
| |||||||
| |||||||
1 | Department of
Revenue within 48 hours after the close of the | ||||||
2 | racing day upon which it is
assessed or within such other time | ||||||
3 | as the Board prescribes. | ||||||
4 | (b) On or before December 31, 1999, in
the event that any | ||||||
5 | organization
licensee conducts
2 separate programs
of races on | ||||||
6 | any day, each such program shall be considered a separate
| ||||||
7 | racing day for purposes of determining the daily handle and | ||||||
8 | computing
the privilege tax on such daily handle as provided in | ||||||
9 | subsection (a) of
this Section. | ||||||
10 | (c) Licensees shall at all times keep accurate
books
and | ||||||
11 | records of all monies wagered on each day of a race meeting and | ||||||
12 | of
the taxes paid to the Department of Revenue under the | ||||||
13 | provisions of this
Section. The Board or its duly authorized | ||||||
14 | representative or
representatives shall at all reasonable | ||||||
15 | times have access to such
records for the purpose of examining | ||||||
16 | and checking the same and
ascertaining whether the proper | ||||||
17 | amount of taxes is being paid as
provided. The Board shall | ||||||
18 | require verified reports and a statement of
the total of all | ||||||
19 | monies wagered daily at each wagering facility upon which
the | ||||||
20 | taxes are assessed and may prescribe forms upon which such | ||||||
21 | reports
and statement shall be made. | ||||||
22 | (d) Any licensee failing or refusing to pay the amount
of | ||||||
23 | any tax due under this Section shall be guilty of a business | ||||||
24 | offense
and upon conviction shall be fined not more than $5,000 | ||||||
25 | in addition to
the amount found due as tax under this Section. | ||||||
26 | Each day's violation
shall constitute a separate offense. All |
| |||||||
| |||||||
1 | fines paid into Court by a licensee hereunder shall be | ||||||
2 | transmitted and paid over by
the Clerk of the Court to the | ||||||
3 | Board. | ||||||
4 | (e) No other license fee, privilege tax, excise tax, or
| ||||||
5 | racing fee, except as provided in this Act, shall be assessed | ||||||
6 | or
collected from any such licensee by the State. | ||||||
7 | (f) No other license fee, privilege tax, excise tax or | ||||||
8 | racing fee shall be
assessed or collected from any such | ||||||
9 | licensee by units of local government
except as provided in | ||||||
10 | paragraph 10.1 of subsection (h) and subsection (f) of
Section | ||||||
11 | 26 of this Act. However, any municipality that has a Board | ||||||
12 | licensed
horse race meeting at a race track wholly within its | ||||||
13 | corporate boundaries or a
township that has a Board licensed | ||||||
14 | horse race meeting at a race track wholly
within the | ||||||
15 | unincorporated area of the township may charge a local
| ||||||
16 | amusement tax not to exceed 10¢ per admission to such horse | ||||||
17 | race meeting
by the enactment of an ordinance. However, any | ||||||
18 | municipality or county
that has a Board licensed inter-track | ||||||
19 | wagering location facility wholly
within its corporate | ||||||
20 | boundaries may each impose an admission fee not
to exceed $1.00 | ||||||
21 | per admission to such inter-track wagering location facility,
| ||||||
22 | so that a total of not more than $2.00 per admission may be | ||||||
23 | imposed.
Except as provided in subparagraph (g) of Section 27 | ||||||
24 | of this Act, the
inter-track wagering location licensee shall | ||||||
25 | collect any and all such fees
and within 48 hours remit the | ||||||
26 | fees to the Board, which shall, pursuant to
rule, cause the |
| |||||||
| |||||||
1 | fees to be distributed to the county or municipality. | ||||||
2 | (g) Notwithstanding any provision in this Act to the | ||||||
3 | contrary, if in any
calendar year the total taxes and fees | ||||||
4 | required to be collected from
licensees and distributed under | ||||||
5 | this Act to all State and local governmental
authorities | ||||||
6 | exceeds the amount of such taxes and fees distributed to each | ||||||
7 | State
and local governmental authority to which each State and | ||||||
8 | local governmental
authority was entitled under this Act for | ||||||
9 | calendar year 1994, then the first
$11 million of that excess | ||||||
10 | amount shall be allocated at the earliest possible
date for | ||||||
11 | distribution as purse money for the succeeding calendar year.
| ||||||
12 | Upon reaching the 1994 level, and until the excess amount of | ||||||
13 | taxes and fees
exceeds $11 million, the Board shall direct all | ||||||
14 | licensees to cease paying the
subject taxes and fees and the | ||||||
15 | Board shall direct all licensees to allocate any such excess | ||||||
16 | amount for purses as
follows: | ||||||
17 | (i) the excess amount shall be initially divided | ||||||
18 | between thoroughbred and
standardbred purses based on the | ||||||
19 | thoroughbred's and standardbred's respective
percentages | ||||||
20 | of total Illinois live wagering in calendar year 1994; | ||||||
21 | (ii) each thoroughbred and standardbred organization | ||||||
22 | licensee issued an
organization licensee in that | ||||||
23 | succeeding allocation year shall
be
allocated an amount | ||||||
24 | equal to the product of its percentage of total
Illinois
| ||||||
25 | live thoroughbred or standardbred wagering in calendar | ||||||
26 | year 1994 (the total to
be determined based on the sum of |
| |||||||
| |||||||
1 | 1994 on-track wagering for all organization
licensees | ||||||
2 | issued organization licenses in both the allocation year | ||||||
3 | and the
preceding year) multiplied by
the total amount | ||||||
4 | allocated for standardbred or thoroughbred purses, | ||||||
5 | provided
that the first $1,500,000 of the amount allocated | ||||||
6 | to standardbred
purses under item (i) shall be allocated to | ||||||
7 | the Department of
Agriculture to be expended with the | ||||||
8 | assistance and advice of the Illinois
Standardbred | ||||||
9 | Breeders Funds Advisory Board for the purposes listed in
| ||||||
10 | subsection (g) of Section 31 of this Act, before the amount | ||||||
11 | allocated to
standardbred purses under item (i) is | ||||||
12 | allocated to standardbred
organization licensees in the | ||||||
13 | succeeding allocation year. | ||||||
14 | To the extent the excess amount of taxes and fees to be | ||||||
15 | collected and
distributed to State and local governmental | ||||||
16 | authorities exceeds $11 million,
that excess amount shall be | ||||||
17 | collected and distributed to State and local
authorities as | ||||||
18 | provided for under this Act. | ||||||
19 | (Source: P.A. 98-18, eff. 6-7-13; 98-624, eff. 1-29-14; 99-756, | ||||||
20 | eff. 8-12-16.)
| ||||||
21 | Section 99. Effective date. This Act takes effect upon | ||||||
22 | becoming law.
|