Bill Text: IL SB1298 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: Amends the Illinois Horse Racing Act of 1975. Allows an organization licensee to maintain a system whereby advance deposit wagering may take place or to contract with another person to carry out a system of advance deposit wagering. Makes changes in the definitions of "Inter-track wagering", "non-host licensee", "pari-mutuel system of wagering", "licensee", "wagering facility", and "wagering". Adds definitions of "advance deposit wagering licensee" and "advance deposit wagering". Provides for a pari-mutuel tax on advance deposit wagering. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2009-08-25 - Public Act . . . . . . . . . 96-0762 [SB1298 Detail]
Download: Illinois-2009-SB1298-Enrolled.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, | ||||||
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 3.071, 3.077, 3.12, 3.20, 3.22, 3.23, 26, | ||||||
6 | and 27 and by adding Sections 3.28, 3.29, and 3.30 as follows:
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7 | (230 ILCS 5/3.071) (from Ch. 8, par. 37-3.071)
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8 | Sec. 3.071. Inter-track wagering. "Inter-track Wagering" | ||||||
9 | means a legal wager on the outcome of a
simultaneously | ||||||
10 | televised
horse race taking place at an Illinois race track | ||||||
11 | placed or accepted at any
location authorized to accept wagers | ||||||
12 | under this Act, excluding the Illinois
race track at which that | ||||||
13 | horse race is being conducted and excluding advance deposit | ||||||
14 | wagering through an advance deposit wagering licensee .
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15 | (Source: P.A. 89-16, eff. 5-30-95.)
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16 | (230 ILCS 5/3.077)
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17 | Sec. 3.077. Non-host licensee. "Non-host licensee" means a | ||||||
18 | licensee operating concurrently
with a host track , but does not | ||||||
19 | include an advance deposit wagering licensee .
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20 | (Source: P.A. 89-16, eff. 5-30-95.)
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21 | (230 ILCS 5/3.12) (from Ch. 8, par. 37-3.12)
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1 | Sec. 3.12. Pari-mutuel system of
wagering.
"Pari-mutuel | ||||||
2 | system of
wagering" means a form of wagering on the outcome of
| ||||||
3 | horse races in which
wagers are made in various
denominations | ||||||
4 | on a horse or horses
and
all wagers for each race are pooled | ||||||
5 | and held by a licensee
for distribution in a manner approved by | ||||||
6 | the Board. Wagers may be placed via any method or at any | ||||||
7 | location authorized under this Act.
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8 | (Source: P.A. 89-16, eff. 5-30-95.)
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9 | (230 ILCS 5/3.20)
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10 | Sec. 3.20. Licensee.
"Licensee" means an individual | ||||||
11 | organization licensee, an
inter-track wagering licensee, an
or
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12 | inter-track wagering location licensee , or an advance deposit | ||||||
13 | wagering licensee , as
the context of this Act requires.
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14 | (Source: P.A. 89-16, eff. 5-30-95.)
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15 | (230 ILCS 5/3.22)
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16 | Sec. 3.22. Wagering facility.
"Wagering facility" means | ||||||
17 | any location at which a licensee , other than an advance deposit | ||||||
18 | wagering licensee,
may
accept or receive pari-mutuel wagers | ||||||
19 | under this Act.
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20 | (Source: P.A. 89-16, eff. 5-30-95.)
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21 | (230 ILCS 5/3.23)
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22 | Sec. 3.23. Wagering.
"Wagering" means, collectively, the | ||||||
23 | pari-mutuel system of
wagering, inter-track wagering, and
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1 | simulcast wagering , and advance deposit wagering .
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2 | (Source: P.A. 89-16, eff. 5-30-95.)
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3 | (230 ILCS 5/3.28 new)
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4 | Sec. 3.28. Advance deposit wagering licensee. "Advance | ||||||
5 | deposit wagering licensee" means a person licensed by the Board | ||||||
6 | to conduct advance deposit wagering. An advance deposit | ||||||
7 | wagering licensee shall be an organization licensee or a person | ||||||
8 | or third party who contracts with an organization licensee in | ||||||
9 | order to conduct advance deposit wagering.
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10 | (230 ILCS 5/3.29 new)
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11 | Sec. 3.29. Advance deposit wagering. "Advance deposit | ||||||
12 | wagering" means a method of pari-mutuel wagering in which an | ||||||
13 | individual may establish an account, deposit money into the | ||||||
14 | account, and use the account balance to pay for pari-mutuel | ||||||
15 | wagering authorized by this Act. An advance deposit wager may | ||||||
16 | be placed in person at a wagering facility or from any other | ||||||
17 | location via a telephone-type device or any other electronic | ||||||
18 | means. Any person who accepts an advance deposit wager who is | ||||||
19 | not licensed by the Board as an advance deposit wagering | ||||||
20 | licensee shall be considered in violation of this Act and the | ||||||
21 | Criminal Code of 1961. Any advance deposit wager placed in | ||||||
22 | person at a wagering facility shall be deemed to have been | ||||||
23 | placed at that wagering facility.
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1 | (230 ILCS 5/3.30 new) | ||||||
2 | Sec. 3.30. Advance deposit wagering terminal. "Advance | ||||||
3 | deposit wagering terminal" means any electronic device placed | ||||||
4 | by an advance deposit wagering licensee at a wagering facility | ||||||
5 | that facilitates the placement of an advance deposit wager and | ||||||
6 | that can be electronically tracked so the location of the | ||||||
7 | wagering facility where the advance deposit wagering terminal | ||||||
8 | is located can be readily identified and so all wagers placed | ||||||
9 | through the advance deposit wagering terminal are easily | ||||||
10 | reportable.
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11 | (230 ILCS 5/26) (from Ch. 8, par. 37-26)
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12 | Sec. 26. Wagering.
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13 | (a) Any licensee may conduct and supervise the pari-mutuel | ||||||
14 | system of
wagering, as defined in Section 3.12 of this Act, on | ||||||
15 | horse races conducted by
an Illinois organization
licensee or | ||||||
16 | conducted at a racetrack located in another state or country | ||||||
17 | and
televised in Illinois in accordance with subsection (g) of | ||||||
18 | Section 26 of this
Act. Subject to the prior consent of the | ||||||
19 | Board, licensees may supplement any
pari-mutuel pool in order | ||||||
20 | to guarantee a minimum distribution. Such
pari-mutuel method of | ||||||
21 | wagering shall not,
under any circumstances if conducted under | ||||||
22 | the provisions of this Act,
be held or construed to be | ||||||
23 | unlawful, other statutes of this State to the
contrary | ||||||
24 | notwithstanding.
Subject to rules for advance wagering | ||||||
25 | promulgated by the Board, any
licensee
may accept wagers in |
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1 | advance of the day of
the race wagered upon occurs.
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2 | (b) No other method of betting, pool making, wagering or
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3 | gambling shall be used or permitted by the licensee. Each | ||||||
4 | licensee
may retain, subject to the payment of all applicable
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5 | taxes and purses, an amount not to exceed 17% of all money | ||||||
6 | wagered
under subsection (a) of this Section, except as may | ||||||
7 | otherwise be permitted
under this Act.
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8 | (b-5) An individual may place a wager under the pari-mutuel | ||||||
9 | system from
any licensed location authorized under this Act | ||||||
10 | provided that wager is
electronically recorded in the manner | ||||||
11 | described in Section 3.12 of this Act.
Any wager made | ||||||
12 | electronically by an individual while physically on the | ||||||
13 | premises
of a licensee shall be deemed to have been made at the | ||||||
14 | premises of that
licensee.
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15 | (c) Until January 1, 2000, the sum held by any licensee for | ||||||
16 | payment of
outstanding pari-mutuel tickets, if unclaimed prior | ||||||
17 | to December 31 of the
next year, shall be retained by the | ||||||
18 | licensee for payment of
such tickets until that date. Within 10 | ||||||
19 | days thereafter, the balance of
such sum remaining unclaimed, | ||||||
20 | less any uncashed supplements contributed by such
licensee for | ||||||
21 | the purpose of guaranteeing minimum distributions
of any | ||||||
22 | pari-mutuel pool, shall be
paid to the
Illinois
Veterans'
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23 | Rehabilitation Fund of the State treasury, except as provided | ||||||
24 | in subsection
(g) of Section 27 of this Act.
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25 | (c-5) Beginning January 1, 2000, the sum held by any | ||||||
26 | licensee for payment
of
outstanding pari-mutuel tickets, if |
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1 | unclaimed prior to December 31 of the
next year, shall be | ||||||
2 | retained by the licensee for payment of
such tickets until that | ||||||
3 | date. Within 10 days thereafter, the balance of
such sum | ||||||
4 | remaining unclaimed, less any uncashed supplements contributed | ||||||
5 | by such
licensee for the purpose of guaranteeing minimum | ||||||
6 | distributions
of any pari-mutuel pool, shall be evenly | ||||||
7 | distributed to the purse account of
the organization licensee | ||||||
8 | and the organization licensee.
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9 | (d) A pari-mutuel ticket shall be honored until December 31 | ||||||
10 | of the
next calendar year, and the licensee shall pay the same | ||||||
11 | and may
charge the amount thereof against unpaid money | ||||||
12 | similarly accumulated on account
of pari-mutuel tickets not | ||||||
13 | presented for payment.
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14 | (e) No licensee shall knowingly permit any minor, other
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15 | than an employee of such licensee or an owner, trainer,
jockey, | ||||||
16 | driver, or employee thereof, to be admitted during a racing
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17 | program unless accompanied by a parent or guardian, or any | ||||||
18 | minor to be a
patron of the pari-mutuel system of wagering | ||||||
19 | conducted or
supervised by it. The admission of any | ||||||
20 | unaccompanied minor, other than
an employee of the licensee or | ||||||
21 | an owner, trainer, jockey,
driver, or employee thereof at a | ||||||
22 | race track is a Class C
misdemeanor.
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23 | (f) Notwithstanding the other provisions of this Act, an
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24 | organization licensee may contract
with an entity in another | ||||||
25 | state or country to permit any legal
wagering entity in another | ||||||
26 | state or country to accept wagers solely within
such other |
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1 | state or country on races conducted by the organization | ||||||
2 | licensee
in this State.
Beginning January 1, 2000, these wagers
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3 | shall not be subject to State
taxation. Until January 1, 2000,
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4 | when the out-of-State entity conducts a pari-mutuel pool
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5 | separate from the organization licensee, a privilege tax equal | ||||||
6 | to 7 1/2% of
all monies received by the organization licensee | ||||||
7 | from entities in other states
or countries pursuant to such | ||||||
8 | contracts is imposed on the organization
licensee, and such | ||||||
9 | privilege tax shall be remitted to the
Department of Revenue
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10 | within 48 hours of receipt of the moneys from the simulcast. | ||||||
11 | When the
out-of-State entity conducts a
combined pari-mutuel | ||||||
12 | pool with the organization licensee, the tax shall be 10%
of | ||||||
13 | all monies received by the organization licensee with 25% of | ||||||
14 | the
receipts from this 10% tax to be distributed to the county
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15 | in which the race was conducted.
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16 | An organization licensee may permit one or more of its | ||||||
17 | races to be
utilized for
pari-mutuel wagering at one or more | ||||||
18 | locations in other states and may
transmit audio and visual | ||||||
19 | signals of races the organization licensee
conducts to one or
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20 | more locations outside the State or country and may also permit | ||||||
21 | pari-mutuel
pools in other states or countries to be combined | ||||||
22 | with its gross or net
wagering pools or with wagering pools | ||||||
23 | established by other states.
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24 | (g) A host track may accept interstate simulcast wagers on
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25 | horse
races conducted in other states or countries and shall | ||||||
26 | control the
number of signals and types of breeds of racing in |
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1 | its simulcast program,
subject to the disapproval of the Board. | ||||||
2 | The Board may prohibit a simulcast
program only if it finds | ||||||
3 | that the simulcast program is clearly
adverse to the integrity | ||||||
4 | of racing. The host track
simulcast program shall
include the | ||||||
5 | signal of live racing of all organization licensees.
All | ||||||
6 | non-host licensees and advance deposit wagering licensees | ||||||
7 | shall carry the signal of and accept wagers on live racing of | ||||||
8 | all organization licensees. Advance deposit wagering licensees | ||||||
9 | shall not be permitted to accept out-of-state wagers on any | ||||||
10 | Illinois signal provided pursuant to this Section without the | ||||||
11 | approval and consent of the organization licensee providing the | ||||||
12 | signal. Non-host licensees may carry the host track simulcast | ||||||
13 | program and
shall accept wagers on all races included as part | ||||||
14 | of the simulcast
program upon which wagering is permitted.
All | ||||||
15 | organization licensees shall provide their live signal to all | ||||||
16 | advance deposit wagering licensees for a simulcast commission | ||||||
17 | fee not to exceed 6% of the advance deposit wagering licensee's | ||||||
18 | Illinois handle on the organization licensee's signal without | ||||||
19 | prior approval by the Board. The Board may adopt rules under | ||||||
20 | which it may permit simulcast commission fees in excess of 6%. | ||||||
21 | The Board shall adopt rules limiting the interstate commission | ||||||
22 | fees charged to an advance deposit wagering licensee. The Board | ||||||
23 | shall adopt rules regarding advance deposit wagering on | ||||||
24 | interstate simulcast races that shall reflect, among other | ||||||
25 | things, the General Assembly's desire to maximize revenues to | ||||||
26 | the State, horsemen purses, and organizational licensees. |
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1 | However, organization licensees providing live signals | ||||||
2 | pursuant to the requirements of this subsection (g) may | ||||||
3 | petition the Board to withhold their live signals from an | ||||||
4 | advance deposit wagering licensee if the organization licensee | ||||||
5 | discovers and the Board finds reputable or credible information | ||||||
6 | that the advance deposit wagering licensee is under | ||||||
7 | investigation by another state or federal governmental agency, | ||||||
8 | the advance deposit wagering licensee's license has been | ||||||
9 | suspended in another state, or the advance deposit wagering | ||||||
10 | licensee's license is in revocation proceedings in another | ||||||
11 | state. The organization licensee's provision of their live | ||||||
12 | signal to an advance deposit wagering licensee under this | ||||||
13 | subsection (g) pertains to wagers placed from within Illinois. | ||||||
14 | Advance deposit wagering licensees may place advance deposit | ||||||
15 | wagering terminals at wagering facilities as a convenience to | ||||||
16 | customers. The advance deposit wagering licensee shall not | ||||||
17 | charge or collect any fee from purses for the placement of the | ||||||
18 | advance deposit wagering terminals. The costs and expenses
of | ||||||
19 | the host track and non-host licensees associated
with | ||||||
20 | interstate simulcast
wagering, other than the interstate
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21 | commission fee, shall be borne by the host track and all
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22 | non-host licensees
incurring these costs.
The interstate | ||||||
23 | commission fee shall not exceed 5% of Illinois handle on the
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24 | interstate simulcast race or races without prior approval of | ||||||
25 | the Board. The
Board shall promulgate rules under which it may | ||||||
26 | permit
interstate commission
fees in excess of 5%. The |
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1 | interstate commission
fee and other fees charged by the sending | ||||||
2 | racetrack, including, but not
limited to, satellite decoder | ||||||
3 | fees, shall be uniformly applied
to the host track and all | ||||||
4 | non-host licensees.
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5 | Notwithstanding any other provision of this Act, for a | ||||||
6 | period of 3 years after the effective date of this amendatory | ||||||
7 | Act of the 96th General Assembly, an organization licensee may | ||||||
8 | maintain a system whereby advance deposit wagering may take | ||||||
9 | place or an organization licensee, with the consent of the | ||||||
10 | horsemen association representing the largest number of | ||||||
11 | owners, trainers, jockeys, or standardbred drivers who race | ||||||
12 | horses at that organization licensee's racing meeting, may | ||||||
13 | contract with another person to carry out a system of advance | ||||||
14 | deposit wagering. Such consent may not be unreasonably | ||||||
15 | withheld. All advance deposit wagers placed from within | ||||||
16 | Illinois must be placed through a Board-approved advance | ||||||
17 | deposit wagering licensee; no other entity may accept an | ||||||
18 | advance deposit wager from a person within Illinois. All | ||||||
19 | advance deposit wagering is subject to any rules adopted by the | ||||||
20 | Board. The Board may adopt rules necessary to regulate advance | ||||||
21 | deposit wagering through the use of emergency rulemaking in | ||||||
22 | accordance with Section 5-45 of the Illinois Administrative | ||||||
23 | Procedure Act. The General Assembly finds that the adoption of | ||||||
24 | rules to regulate advance deposit wagering is deemed an | ||||||
25 | emergency and necessary for the public interest, safety, and | ||||||
26 | welfare. An advance deposit wagering licensee may retain all |
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1 | moneys as agreed to by contract with an organization licensee. | ||||||
2 | Any moneys retained by the organization licensee from advance | ||||||
3 | deposit wagering, not including moneys retained by the advance | ||||||
4 | deposit wagering licensee, shall be paid 50% to the | ||||||
5 | organization licensee's purse account and 50% to the | ||||||
6 | organization licensee. If more than one breed races at the same | ||||||
7 | race track facility, then the 50% of the moneys to be paid to | ||||||
8 | an organization licensee's purse account shall be allocated | ||||||
9 | among all organization licensees' purse accounts operating at | ||||||
10 | that race track facility proportionately based on the actual | ||||||
11 | number of host days that the Board grants to that breed at that | ||||||
12 | race track facility in the current calendar year. To the extent | ||||||
13 | any fees from advance deposit wagering conducted in Illinois | ||||||
14 | for wagers in Illinois or other states have been placed in | ||||||
15 | escrow or otherwise withheld from wagers pending a | ||||||
16 | determination of the legality of advance deposit wagering, no | ||||||
17 | action shall be brought to declare such wagers or the | ||||||
18 | disbursement of any fees previously escrowed illegal.
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19 | (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
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20 | intertrack wagering
licensee other than the host track may | ||||||
21 | supplement the host track simulcast
program with | ||||||
22 | additional simulcast races or race programs, provided that | ||||||
23 | between
January 1 and the third Friday in February of any | ||||||
24 | year, inclusive, if no live
thoroughbred racing is | ||||||
25 | occurring in Illinois during this period, only
| ||||||
26 | thoroughbred races may be used
for supplemental interstate |
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1 | simulcast purposes. The Board shall withhold
approval for a | ||||||
2 | supplemental interstate simulcast only if it finds that the
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3 | simulcast is clearly adverse to the integrity of racing. A | ||||||
4 | supplemental
interstate simulcast may be transmitted from | ||||||
5 | an intertrack wagering licensee to
its affiliated non-host | ||||||
6 | licensees. The interstate commission fee for a
| ||||||
7 | supplemental interstate simulcast shall be paid by the | ||||||
8 | non-host licensee and
its affiliated non-host licensees | ||||||
9 | receiving the simulcast.
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10 | (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
| ||||||
11 | intertrack wagering
licensee other than the host track may | ||||||
12 | receive supplemental interstate
simulcasts only with the | ||||||
13 | consent of the host track, except when the Board
finds that | ||||||
14 | the simulcast is
clearly adverse to the integrity of | ||||||
15 | racing. Consent granted under this
paragraph (2) to any | ||||||
16 | intertrack wagering licensee shall be deemed consent to
all | ||||||
17 | non-host licensees. The interstate commission fee for the | ||||||
18 | supplemental
interstate simulcast shall be paid
by all | ||||||
19 | participating non-host licensees.
| ||||||
20 | (3) Each licensee conducting interstate simulcast | ||||||
21 | wagering may retain,
subject to the payment of all | ||||||
22 | applicable taxes and the purses, an amount not to
exceed | ||||||
23 | 17% of all money wagered. If any licensee conducts the | ||||||
24 | pari-mutuel
system wagering on races conducted at | ||||||
25 | racetracks in another state or country,
each such race or | ||||||
26 | race program shall be considered a separate racing day for
|
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| |||||||
1 | the purpose of determining the daily handle and computing | ||||||
2 | the privilege tax of
that daily handle as provided in | ||||||
3 | subsection (a) of Section 27.
Until January 1, 2000,
from | ||||||
4 | the sums permitted to be retained pursuant to this | ||||||
5 | subsection, each
intertrack wagering location licensee | ||||||
6 | shall pay 1% of the pari-mutuel handle
wagered on simulcast | ||||||
7 | wagering to the Horse Racing Tax Allocation Fund, subject
| ||||||
8 | to the provisions of subparagraph (B) of paragraph (11) of | ||||||
9 | subsection (h) of
Section 26 of this Act.
| ||||||
10 | (4) A licensee who receives an interstate simulcast may | ||||||
11 | combine its gross
or net pools with pools at the sending | ||||||
12 | racetracks pursuant to rules established
by the Board. All | ||||||
13 | licensees combining their gross pools
at a
sending | ||||||
14 | racetrack shall adopt the take-out percentages of the | ||||||
15 | sending
racetrack.
A licensee may also establish a separate | ||||||
16 | pool and takeout structure for
wagering purposes on races | ||||||
17 | conducted at race tracks outside of the
State of Illinois. | ||||||
18 | The licensee may permit pari-mutuel wagers placed in other
| ||||||
19 | states or
countries to be combined with its gross or net | ||||||
20 | wagering pools or other
wagering pools.
| ||||||
21 | (5) After the payment of the interstate commission fee | ||||||
22 | (except for the
interstate commission
fee on a supplemental | ||||||
23 | interstate simulcast, which shall be paid by the host
track | ||||||
24 | and by each non-host licensee through the host-track) and | ||||||
25 | all applicable
State and local
taxes, except as provided in | ||||||
26 | subsection (g) of Section 27 of this Act, the
remainder of |
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| |||||||
1 | moneys retained from simulcast wagering pursuant to this
| ||||||
2 | subsection (g), and Section 26.2 shall be divided as | ||||||
3 | follows:
| ||||||
4 | (A) For interstate simulcast wagers made at a host | ||||||
5 | track, 50% to the
host
track and 50% to purses at the | ||||||
6 | host track.
| ||||||
7 | (B) For wagers placed on interstate simulcast | ||||||
8 | races, supplemental
simulcasts as defined in | ||||||
9 | subparagraphs (1) and (2), and separately pooled races
| ||||||
10 | conducted outside of the State of Illinois made at a | ||||||
11 | non-host
licensee, 25% to the host
track, 25% to the | ||||||
12 | non-host licensee, and 50% to the purses at the host | ||||||
13 | track.
| ||||||
14 | (6) Notwithstanding any provision in this Act to the | ||||||
15 | contrary, non-host
licensees
who derive their licenses | ||||||
16 | from a track located in a county with a population in
| ||||||
17 | excess of 230,000 and that borders the Mississippi River | ||||||
18 | may receive
supplemental interstate simulcast races at all | ||||||
19 | times subject to Board approval,
which shall be withheld | ||||||
20 | only upon a finding that a supplemental interstate
| ||||||
21 | simulcast is clearly adverse to the integrity of racing.
| ||||||
22 | (7) Notwithstanding any provision of this Act to the | ||||||
23 | contrary, after
payment of all applicable State and local | ||||||
24 | taxes and interstate commission fees,
non-host licensees | ||||||
25 | who derive their licenses from a track located in a county
| ||||||
26 | with a population in excess of 230,000 and that borders the |
| |||||||
| |||||||
1 | Mississippi River
shall retain 50% of the retention from | ||||||
2 | interstate simulcast wagers and shall
pay 50% to purses at | ||||||
3 | the track from which the non-host licensee derives its
| ||||||
4 | license as follows:
| ||||||
5 | (A) Between January 1 and the third Friday in | ||||||
6 | February, inclusive, if no
live thoroughbred racing is | ||||||
7 | occurring in Illinois during this period, when the
| ||||||
8 | interstate simulcast is a standardbred race, the purse | ||||||
9 | share to its
standardbred purse account;
| ||||||
10 | (B) Between January 1 and the third Friday in | ||||||
11 | February, inclusive, if no
live thoroughbred racing is | ||||||
12 | occurring in Illinois during this period, and the
| ||||||
13 | interstate simulcast is a thoroughbred race, the purse | ||||||
14 | share to its interstate
simulcast purse pool to be | ||||||
15 | distributed under paragraph (10) of this subsection
| ||||||
16 | (g);
| ||||||
17 | (C) Between January 1 and the third Friday in | ||||||
18 | February, inclusive, if
live thoroughbred racing is | ||||||
19 | occurring in Illinois, between 6:30 a.m. and 6:30
p.m. | ||||||
20 | the purse share from wagers made during this time | ||||||
21 | period to its
thoroughbred purse account and between | ||||||
22 | 6:30 p.m. and 6:30 a.m. the purse share
from wagers | ||||||
23 | made during this time period to its standardbred purse | ||||||
24 | accounts;
| ||||||
25 | (D) Between the third Saturday in February and | ||||||
26 | December 31, when the
interstate simulcast occurs |
| |||||||
| |||||||
1 | between the hours of 6:30 a.m. and 6:30 p.m., the
purse | ||||||
2 | share to its thoroughbred purse account;
| ||||||
3 | (E) Between the third Saturday in February and | ||||||
4 | December 31, when the
interstate simulcast occurs | ||||||
5 | between the hours of 6:30 p.m. and 6:30 a.m., the
purse | ||||||
6 | share to its standardbred purse account.
| ||||||
7 | (7.1) Notwithstanding any other provision of this Act | ||||||
8 | to the contrary,
if
no
standardbred racing is conducted at | ||||||
9 | a racetrack located in Madison County
during any
calendar | ||||||
10 | year beginning on or after January 1, 2002, all
moneys | ||||||
11 | derived by
that racetrack from simulcast wagering and | ||||||
12 | inter-track wagering that (1) are to
be used
for purses and | ||||||
13 | (2) are generated between the hours of 6:30 p.m. and 6:30 | ||||||
14 | a.m.
during that
calendar year shall
be paid as follows:
| ||||||
15 | (A) If the licensee that conducts horse racing at | ||||||
16 | that racetrack
requests from the Board at least as many | ||||||
17 | racing dates as were conducted in
calendar year 2000, | ||||||
18 | 80% shall be paid to its thoroughbred purse account; | ||||||
19 | and
| ||||||
20 | (B) Twenty percent shall be deposited into the | ||||||
21 | Illinois Colt Stakes
Purse
Distribution
Fund and shall | ||||||
22 | be paid to purses for standardbred races for Illinois | ||||||
23 | conceived
and foaled horses conducted at any county | ||||||
24 | fairgrounds.
The moneys deposited into the Fund | ||||||
25 | pursuant to this subparagraph (B) shall be
deposited
| ||||||
26 | within 2
weeks after the day they were generated, shall |
| |||||||
| |||||||
1 | be in addition to and not in
lieu of any other
moneys | ||||||
2 | paid to standardbred purses under this Act, and shall | ||||||
3 | not be commingled
with other moneys paid into that | ||||||
4 | Fund. The moneys deposited
pursuant to this | ||||||
5 | subparagraph (B) shall be allocated as provided by the
| ||||||
6 | Department of Agriculture, with the advice and | ||||||
7 | assistance of the Illinois
Standardbred
Breeders Fund | ||||||
8 | Advisory Board.
| ||||||
9 | (7.2) Notwithstanding any other provision of this Act | ||||||
10 | to the contrary, if
no
thoroughbred racing is conducted at | ||||||
11 | a racetrack located in Madison County
during any
calendar | ||||||
12 | year beginning on or after January 1,
2002, all
moneys | ||||||
13 | derived by
that racetrack from simulcast wagering and | ||||||
14 | inter-track wagering that (1) are to
be used
for purses and | ||||||
15 | (2) are generated between the hours of 6:30 a.m. and 6:30 | ||||||
16 | p.m.
during that
calendar year shall
be deposited as | ||||||
17 | follows:
| ||||||
18 | (A) If the licensee that conducts horse racing at | ||||||
19 | that racetrack
requests from the
Board at least
as many | ||||||
20 | racing dates as were conducted in calendar year 2000, | ||||||
21 | 80%
shall be deposited into its standardbred purse
| ||||||
22 | account; and
| ||||||
23 | (B) Twenty percent shall be deposited into the | ||||||
24 | Illinois Colt Stakes
Purse
Distribution Fund. Moneys | ||||||
25 | deposited into the Illinois Colt Stakes Purse
| ||||||
26 | Distribution Fund
pursuant to this subparagraph (B) |
| |||||||
| |||||||
1 | shall be paid to Illinois
conceived and foaled | ||||||
2 | thoroughbred breeders' programs
and to thoroughbred | ||||||
3 | purses for races conducted at any county fairgrounds | ||||||
4 | for
Illinois conceived
and foaled horses at the | ||||||
5 | discretion of the
Department of Agriculture, with the | ||||||
6 | advice and assistance of
the Illinois Thoroughbred | ||||||
7 | Breeders Fund Advisory
Board. The moneys deposited | ||||||
8 | into the Illinois Colt Stakes Purse Distribution
Fund
| ||||||
9 | pursuant to this subparagraph (B) shall be deposited | ||||||
10 | within 2 weeks
after the day they were generated, shall | ||||||
11 | be in addition to and not in
lieu of any other moneys | ||||||
12 | paid to thoroughbred purses
under this Act, and shall | ||||||
13 | not be commingled with other moneys deposited into
that | ||||||
14 | Fund.
| ||||||
15 | (7.3) If no live standardbred racing is conducted at a | ||||||
16 | racetrack located
in
Madison
County in calendar year 2000 | ||||||
17 | or 2001,
an organization licensee who is licensed
to | ||||||
18 | conduct horse racing at that racetrack shall, before | ||||||
19 | January 1, 2002, pay
all
moneys derived from simulcast | ||||||
20 | wagering and inter-track wagering in calendar
years 2000 | ||||||
21 | and 2001 and
paid into the licensee's standardbred purse | ||||||
22 | account as follows:
| ||||||
23 | (A) Eighty percent to that licensee's thoroughbred | ||||||
24 | purse account to
be used for thoroughbred purses; and
| ||||||
25 | (B) Twenty percent to the Illinois Colt Stakes | ||||||
26 | Purse Distribution
Fund.
|
| |||||||
| |||||||
1 | Failure to make the payment to the Illinois Colt Stakes | ||||||
2 | Purse Distribution
Fund before January 1, 2002
shall
result | ||||||
3 | in the immediate revocation of the licensee's organization
| ||||||
4 | license, inter-track wagering license, and inter-track | ||||||
5 | wagering location
license.
| ||||||
6 | Moneys paid into the Illinois
Colt Stakes Purse | ||||||
7 | Distribution Fund pursuant to this
paragraph (7.3) shall be | ||||||
8 | paid to purses for standardbred
races for Illinois | ||||||
9 | conceived and foaled horses conducted
at any county
| ||||||
10 | fairgrounds.
Moneys paid into the Illinois
Colt Stakes | ||||||
11 | Purse Distribution Fund pursuant to this
paragraph (7.3) | ||||||
12 | shall be used as determined by the
Department of | ||||||
13 | Agriculture, with the advice and assistance of the
Illinois | ||||||
14 | Standardbred Breeders Fund Advisory Board, shall be in | ||||||
15 | addition to
and not in lieu of any other moneys paid to | ||||||
16 | standardbred purses under this Act,
and shall not be | ||||||
17 | commingled
with any other moneys paid into that Fund.
| ||||||
18 | (7.4) If live standardbred racing is conducted at a | ||||||
19 | racetrack located in
Madison
County at any time in calendar | ||||||
20 | year 2001 before the payment required
under
paragraph (7.3) | ||||||
21 | has been made, the organization licensee who is licensed to
| ||||||
22 | conduct
racing at that racetrack shall pay all moneys | ||||||
23 | derived by that racetrack from
simulcast
wagering and | ||||||
24 | inter-track wagering during calendar years 2000 and 2001 | ||||||
25 | that (1)
are to be
used for purses and (2) are generated | ||||||
26 | between the hours of 6:30 p.m. and 6:30
a.m.
during 2000 or |
| |||||||
| |||||||
1 | 2001 to the standardbred purse account at that
racetrack to
| ||||||
2 | be used for standardbred purses.
| ||||||
3 | (8) Notwithstanding any provision in this Act to the | ||||||
4 | contrary, an
organization licensee from a track located in | ||||||
5 | a county with a population in
excess of 230,000 and that | ||||||
6 | borders the Mississippi River and its affiliated
non-host | ||||||
7 | licensees shall not be entitled to share in any retention | ||||||
8 | generated on
racing, inter-track wagering, or simulcast | ||||||
9 | wagering at any other Illinois
wagering facility.
| ||||||
10 | (8.1) Notwithstanding any provisions in this Act to the | ||||||
11 | contrary, if 2
organization licensees
are conducting | ||||||
12 | standardbred race meetings concurrently
between the hours | ||||||
13 | of 6:30 p.m. and 6:30 a.m., after payment of all applicable
| ||||||
14 | State and local taxes and interstate commission fees, the | ||||||
15 | remainder of the
amount retained from simulcast wagering | ||||||
16 | otherwise attributable to the host
track and to host track | ||||||
17 | purses shall be split daily between the 2
organization | ||||||
18 | licensees and the purses at the tracks of the 2 | ||||||
19 | organization
licensees, respectively, based on each | ||||||
20 | organization licensee's share
of the total live handle for | ||||||
21 | that day,
provided that this provision shall not apply to | ||||||
22 | any non-host licensee that
derives its license from a track | ||||||
23 | located in a county with a population in
excess of 230,000 | ||||||
24 | and that borders the Mississippi River.
| ||||||
25 | (9) (Blank).
| ||||||
26 | (10) (Blank).
|
| |||||||
| |||||||
1 | (11) (Blank).
| ||||||
2 | (12) The Board shall have authority to compel all host | ||||||
3 | tracks to receive
the simulcast of any or all races | ||||||
4 | conducted at the Springfield or DuQuoin State
fairgrounds | ||||||
5 | and include all such races as part of their simulcast | ||||||
6 | programs.
| ||||||
7 | (13) Notwithstanding any other provision of this Act, | ||||||
8 | in the event that
the total Illinois pari-mutuel handle on | ||||||
9 | Illinois horse races at all wagering
facilities in any | ||||||
10 | calendar year is less than 75% of the total Illinois
| ||||||
11 | pari-mutuel handle on Illinois horse races at all such | ||||||
12 | wagering facilities for
calendar year 1994, then each | ||||||
13 | wagering facility that has an annual total
Illinois | ||||||
14 | pari-mutuel handle on Illinois horse races that is less | ||||||
15 | than 75% of
the total Illinois pari-mutuel handle on | ||||||
16 | Illinois horse races at such wagering
facility for calendar | ||||||
17 | year 1994, shall be permitted to receive, from any amount
| ||||||
18 | otherwise
payable to the purse account at the race track | ||||||
19 | with which the wagering facility
is affiliated in the | ||||||
20 | succeeding calendar year, an amount equal to 2% of the
| ||||||
21 | differential in total Illinois pari-mutuel handle on | ||||||
22 | Illinois horse
races at the wagering facility between that | ||||||
23 | calendar year in question and 1994
provided, however, that | ||||||
24 | a
wagering facility shall not be entitled to any such | ||||||
25 | payment until the Board
certifies in writing to the | ||||||
26 | wagering facility the amount to which the wagering
facility |
| |||||||
| |||||||
1 | is entitled
and a schedule for payment of the amount to the | ||||||
2 | wagering facility, based on:
(i) the racing dates awarded | ||||||
3 | to the race track affiliated with the wagering
facility | ||||||
4 | during the succeeding year; (ii) the sums available or | ||||||
5 | anticipated to
be available in the purse account of the | ||||||
6 | race track affiliated with the
wagering facility for purses | ||||||
7 | during the succeeding year; and (iii) the need to
ensure | ||||||
8 | reasonable purse levels during the payment period.
The | ||||||
9 | Board's certification
shall be provided no later than | ||||||
10 | January 31 of the succeeding year.
In the event a wagering | ||||||
11 | facility entitled to a payment under this paragraph
(13) is | ||||||
12 | affiliated with a race track that maintains purse accounts | ||||||
13 | for both
standardbred and thoroughbred racing, the amount | ||||||
14 | to be paid to the wagering
facility shall be divided | ||||||
15 | between each purse account pro rata, based on the
amount of | ||||||
16 | Illinois handle on Illinois standardbred and thoroughbred | ||||||
17 | racing
respectively at the wagering facility during the | ||||||
18 | previous calendar year.
Annually, the General Assembly | ||||||
19 | shall appropriate sufficient funds from the
General | ||||||
20 | Revenue Fund to the Department of Agriculture for payment | ||||||
21 | into the
thoroughbred and standardbred horse racing purse | ||||||
22 | accounts at
Illinois pari-mutuel tracks. The amount paid to | ||||||
23 | each purse account shall be
the amount certified by the | ||||||
24 | Illinois Racing Board in January to be
transferred from | ||||||
25 | each account to each eligible racing facility in
accordance | ||||||
26 | with the provisions of this Section.
|
| |||||||
| |||||||
1 | (h) The Board may approve and license the conduct of | ||||||
2 | inter-track wagering
and simulcast wagering by inter-track | ||||||
3 | wagering licensees and inter-track
wagering location licensees | ||||||
4 | subject to the following terms and conditions:
| ||||||
5 | (1) Any person licensed to conduct a race meeting (i) | ||||||
6 | at a track where
60 or more days of racing were conducted | ||||||
7 | during the immediately preceding
calendar year or where | ||||||
8 | over the 5 immediately preceding calendar years an
average | ||||||
9 | of 30 or more days of racing were conducted annually may be | ||||||
10 | issued an
inter-track wagering license; (ii) at a track
| ||||||
11 | located in a county that is bounded by the Mississippi | ||||||
12 | River, which has a
population of less than 150,000 | ||||||
13 | according to the 1990 decennial census, and an
average of | ||||||
14 | at least 60 days of racing per year between 1985 and 1993 | ||||||
15 | may be
issued an inter-track wagering license; or (iii) at | ||||||
16 | a track
located in Madison
County that conducted at least | ||||||
17 | 100 days of live racing during the immediately
preceding
| ||||||
18 | calendar year may be issued an inter-track wagering | ||||||
19 | license, unless a lesser
schedule of
live racing is the | ||||||
20 | result of (A) weather, unsafe track conditions, or other
| ||||||
21 | acts of God; (B)
an agreement between the organization | ||||||
22 | licensee and the associations
representing the
largest | ||||||
23 | number of owners, trainers, jockeys, or standardbred | ||||||
24 | drivers who race
horses at
that organization licensee's | ||||||
25 | racing meeting; or (C) a finding by the Board of
| ||||||
26 | extraordinary circumstances and that it was in the best |
| |||||||
| |||||||
1 | interest of the public
and the sport to conduct fewer than | ||||||
2 | 100 days of live racing. Any such person
having operating | ||||||
3 | control of the racing facility may also receive up to 6
| ||||||
4 | inter-track wagering
location licenses. In no event shall | ||||||
5 | more than 6 inter-track wagering
locations be established | ||||||
6 | for each eligible race track, except that an
eligible race | ||||||
7 | track located in a county that has a population of more | ||||||
8 | than
230,000 and that is bounded by the Mississippi River | ||||||
9 | may establish up to 7
inter-track wagering locations.
An | ||||||
10 | application for
said license shall be filed with the Board | ||||||
11 | prior to such dates as may be
fixed by the Board. With an | ||||||
12 | application for an inter-track
wagering
location license | ||||||
13 | there shall be delivered to the Board a certified check or
| ||||||
14 | bank draft payable to the order of the Board for an amount | ||||||
15 | equal to $500.
The application shall be on forms prescribed | ||||||
16 | and furnished by the Board. The
application shall comply | ||||||
17 | with all other rules,
regulations and conditions imposed by | ||||||
18 | the Board in connection therewith.
| ||||||
19 | (2) The Board shall examine the applications with | ||||||
20 | respect to their
conformity with this Act and the rules and | ||||||
21 | regulations imposed by the
Board. If found to be in | ||||||
22 | compliance with the Act and rules and regulations
of the | ||||||
23 | Board, the Board may then issue a license to conduct | ||||||
24 | inter-track
wagering and simulcast wagering to such | ||||||
25 | applicant. All such applications
shall be acted upon by the | ||||||
26 | Board at a meeting to be held on such date as may be
fixed |
| |||||||
| |||||||
1 | by the Board.
| ||||||
2 | (3) In granting licenses to conduct inter-track | ||||||
3 | wagering and simulcast
wagering, the Board shall give due | ||||||
4 | consideration to
the best interests of the
public, of horse | ||||||
5 | racing, and of maximizing revenue to the State.
| ||||||
6 | (4) Prior to the issuance of a license to conduct | ||||||
7 | inter-track wagering
and simulcast wagering,
the applicant | ||||||
8 | shall file with the Board a bond payable to the State of | ||||||
9 | Illinois
in the sum of $50,000, executed by the applicant | ||||||
10 | and a surety company or
companies authorized to do business | ||||||
11 | in this State, and conditioned upon
(i) the payment by the | ||||||
12 | licensee of all taxes due under Section 27 or 27.1
and any | ||||||
13 | other monies due and payable under this Act, and (ii)
| ||||||
14 | distribution by the licensee, upon presentation of the | ||||||
15 | winning ticket or
tickets, of all sums payable to the | ||||||
16 | patrons of pari-mutuel pools.
| ||||||
17 | (5) Each license to conduct inter-track wagering and | ||||||
18 | simulcast
wagering shall specify the person
to whom it is | ||||||
19 | issued, the dates on which such wagering is permitted, and
| ||||||
20 | the track or location where the wagering is to be | ||||||
21 | conducted.
| ||||||
22 | (6) All wagering under such license is subject to this | ||||||
23 | Act and to the
rules and regulations from time to time | ||||||
24 | prescribed by the Board, and every
such license issued by | ||||||
25 | the Board shall contain a recital to that effect.
| ||||||
26 | (7) An inter-track wagering licensee or inter-track |
| |||||||
| |||||||
1 | wagering location
licensee may accept wagers at the track | ||||||
2 | or location
where it is licensed, or as otherwise provided | ||||||
3 | under this Act.
| ||||||
4 | (8) Inter-track wagering or simulcast wagering shall | ||||||
5 | not be
conducted
at any track less than 5 miles from a | ||||||
6 | track at which a racing meeting is in
progress.
| ||||||
7 | (8.1) Inter-track wagering location
licensees who | ||||||
8 | derive their licenses from a particular organization | ||||||
9 | licensee
shall conduct inter-track wagering and simulcast | ||||||
10 | wagering only at locations
which are either within 90
miles | ||||||
11 | of that race track where the particular organization | ||||||
12 | licensee is
licensed to conduct racing, or within 135 miles | ||||||
13 | of that race track
where
the particular organization | ||||||
14 | licensee is licensed to conduct racing
in the case
of race | ||||||
15 | tracks in counties of less than 400,000 that were operating | ||||||
16 | on or
before June 1, 1986. However, inter-track wagering | ||||||
17 | and simulcast wagering
shall not
be conducted by those | ||||||
18 | licensees at any location within 5 miles of any race
track | ||||||
19 | at which a
horse race meeting has been licensed in the | ||||||
20 | current year, unless the person
having operating control of | ||||||
21 | such race track has given its written consent
to such | ||||||
22 | inter-track wagering location licensees,
which consent
| ||||||
23 | must be filed with the Board at or prior to the time | ||||||
24 | application is made.
| ||||||
25 | (8.2) Inter-track wagering or simulcast wagering shall | ||||||
26 | not be
conducted by an inter-track
wagering location |
| |||||||
| |||||||
1 | licensee at any location within 500 feet of an
existing
| ||||||
2 | church or existing school, nor within 500 feet of the | ||||||
3 | residences
of more than 50 registered voters without
| ||||||
4 | receiving written permission from a majority of the | ||||||
5 | registered
voters at such residences.
Such written | ||||||
6 | permission statements shall be filed with the Board. The
| ||||||
7 | distance of 500 feet shall be measured to the nearest part | ||||||
8 | of any
building
used for worship services, education | ||||||
9 | programs, residential purposes, or
conducting inter-track | ||||||
10 | wagering by an inter-track wagering location
licensee, and | ||||||
11 | not to property boundaries. However, inter-track wagering | ||||||
12 | or
simulcast wagering may be conducted at a site within 500 | ||||||
13 | feet of
a church, school or residences
of 50 or more | ||||||
14 | registered voters if such church, school
or residences have | ||||||
15 | been erected
or established, or such voters have been | ||||||
16 | registered, after
the Board issues
the original | ||||||
17 | inter-track wagering location license at the site in | ||||||
18 | question.
Inter-track wagering location licensees may | ||||||
19 | conduct inter-track wagering
and simulcast wagering only | ||||||
20 | in areas that are zoned for
commercial or manufacturing | ||||||
21 | purposes or
in areas for which a special use has been | ||||||
22 | approved by the local zoning
authority. However, no license | ||||||
23 | to conduct inter-track wagering and simulcast
wagering | ||||||
24 | shall be
granted by the Board with respect to any | ||||||
25 | inter-track wagering location
within the jurisdiction of | ||||||
26 | any local zoning authority which has, by
ordinance or by |
| |||||||
| |||||||
1 | resolution, prohibited the establishment of an inter-track
| ||||||
2 | wagering location within its jurisdiction. However, | ||||||
3 | inter-track wagering
and simulcast wagering may be | ||||||
4 | conducted at a site if such ordinance or
resolution is | ||||||
5 | enacted after
the Board licenses the original inter-track | ||||||
6 | wagering location
licensee for the site in question.
| ||||||
7 | (9) (Blank).
| ||||||
8 | (10) An inter-track wagering licensee or an | ||||||
9 | inter-track wagering
location licensee may retain, subject | ||||||
10 | to the
payment of the privilege taxes and the purses, an | ||||||
11 | amount not to
exceed 17% of all money wagered. Each program | ||||||
12 | of racing conducted by
each inter-track wagering licensee | ||||||
13 | or inter-track wagering location
licensee shall be | ||||||
14 | considered a separate racing day for the purpose of
| ||||||
15 | determining the daily handle and computing the privilege | ||||||
16 | tax or pari-mutuel
tax on such daily
handle as provided in | ||||||
17 | Section 27.
| ||||||
18 | (10.1) Except as provided in subsection (g) of Section | ||||||
19 | 27 of this Act,
inter-track wagering location licensees | ||||||
20 | shall pay 1% of the
pari-mutuel handle at each location to | ||||||
21 | the municipality in which such
location is situated and 1% | ||||||
22 | of the pari-mutuel handle at each location to
the county in | ||||||
23 | which such location is situated. In the event that an
| ||||||
24 | inter-track wagering location licensee is situated in an | ||||||
25 | unincorporated
area of a county, such licensee shall pay 2% | ||||||
26 | of the pari-mutuel handle from
such location to such |
| |||||||
| |||||||
1 | county.
| ||||||
2 | (10.2) Notwithstanding any other provision of this | ||||||
3 | Act, with respect to
intertrack wagering at a race track | ||||||
4 | located in a
county that has a population of
more than | ||||||
5 | 230,000 and that is bounded by the Mississippi River ("the | ||||||
6 | first race
track"), or at a facility operated by an | ||||||
7 | inter-track wagering licensee or
inter-track wagering | ||||||
8 | location licensee that derives its license from the
| ||||||
9 | organization licensee that operates the first race track, | ||||||
10 | on races conducted at
the first race track or on races | ||||||
11 | conducted at another Illinois race track
and | ||||||
12 | simultaneously televised to the first race track or to a | ||||||
13 | facility operated
by an inter-track wagering licensee or | ||||||
14 | inter-track wagering location licensee
that derives its | ||||||
15 | license from the organization licensee that operates the | ||||||
16 | first
race track, those moneys shall be allocated as | ||||||
17 | follows:
| ||||||
18 | (A) That portion of all moneys wagered on | ||||||
19 | standardbred racing that is
required under this Act to | ||||||
20 | be paid to purses shall be paid to purses for
| ||||||
21 | standardbred races.
| ||||||
22 | (B) That portion of all moneys wagered on | ||||||
23 | thoroughbred racing
that is required under this Act to | ||||||
24 | be paid to purses shall be paid to purses
for | ||||||
25 | thoroughbred races.
| ||||||
26 | (11) (A) After payment of the privilege or pari-mutuel |
| |||||||
| |||||||
1 | tax, any other
applicable
taxes, and
the costs and expenses | ||||||
2 | in connection with the gathering, transmission, and
| ||||||
3 | dissemination of all data necessary to the conduct of | ||||||
4 | inter-track wagering,
the remainder of the monies retained | ||||||
5 | under either Section 26 or Section 26.2
of this Act by the | ||||||
6 | inter-track wagering licensee on inter-track wagering
| ||||||
7 | shall be allocated with 50% to be split between the
2 | ||||||
8 | participating licensees and 50% to purses, except
that an | ||||||
9 | intertrack wagering licensee that derives its
license from | ||||||
10 | a track located in a county with a population in excess of | ||||||
11 | 230,000
and that borders the Mississippi River shall not | ||||||
12 | divide any remaining
retention with the Illinois | ||||||
13 | organization licensee that provides the race or
races, and | ||||||
14 | an intertrack wagering licensee that accepts wagers on | ||||||
15 | races
conducted by an organization licensee that conducts a | ||||||
16 | race meet in a county
with a population in excess of | ||||||
17 | 230,000 and that borders the Mississippi River
shall not | ||||||
18 | divide any remaining retention with that organization | ||||||
19 | licensee.
| ||||||
20 | (B) From the
sums permitted to be retained pursuant to | ||||||
21 | this Act each inter-track wagering
location licensee shall | ||||||
22 | pay (i) the privilege or pari-mutuel tax to the
State; (ii) | ||||||
23 | 4.75% of the
pari-mutuel handle on intertrack wagering at | ||||||
24 | such location on
races as purses, except that
an intertrack | ||||||
25 | wagering location licensee that derives its license from a
| ||||||
26 | track located in a county with a population in excess of |
| |||||||
| |||||||
1 | 230,000 and that
borders the Mississippi River shall retain | ||||||
2 | all purse moneys for its own purse
account consistent with | ||||||
3 | distribution set forth in this subsection (h), and
| ||||||
4 | intertrack wagering location licensees that accept wagers | ||||||
5 | on races
conducted
by an organization licensee located in a | ||||||
6 | county with a population in excess of
230,000 and that | ||||||
7 | borders the Mississippi River shall distribute all purse
| ||||||
8 | moneys to purses at the operating host track; (iii) until | ||||||
9 | January 1, 2000,
except as
provided in
subsection (g) of | ||||||
10 | Section 27 of this Act, 1% of the
pari-mutuel handle | ||||||
11 | wagered on inter-track wagering and simulcast wagering at
| ||||||
12 | each inter-track wagering
location licensee facility to | ||||||
13 | the Horse Racing Tax Allocation Fund, provided
that, to the | ||||||
14 | extent the total amount collected and distributed to the | ||||||
15 | Horse
Racing Tax Allocation Fund under this subsection (h) | ||||||
16 | during any calendar year
exceeds the amount collected and | ||||||
17 | distributed to the Horse Racing Tax Allocation
Fund during | ||||||
18 | calendar year 1994, that excess amount shall be | ||||||
19 | redistributed (I)
to all inter-track wagering location | ||||||
20 | licensees, based on each licensee's
pro-rata share of the | ||||||
21 | total handle from inter-track wagering and simulcast
| ||||||
22 | wagering for all inter-track wagering location licensees | ||||||
23 | during the calendar
year in which this provision is | ||||||
24 | applicable; then (II) the amounts redistributed
to each | ||||||
25 | inter-track wagering location licensee as described in | ||||||
26 | subpart (I)
shall be further redistributed as provided in |
| |||||||
| |||||||
1 | subparagraph (B) of paragraph (5)
of subsection (g) of this | ||||||
2 | Section 26 provided first, that the shares of those
| ||||||
3 | amounts, which are to be redistributed to the host track or | ||||||
4 | to purses at the
host track under subparagraph (B) of | ||||||
5 | paragraph (5) of subsection (g) of this
Section 26 shall be
| ||||||
6 | redistributed based on each host track's pro rata share of | ||||||
7 | the total
inter-track
wagering and simulcast wagering | ||||||
8 | handle at all host tracks during the calendar
year in | ||||||
9 | question, and second, that any amounts redistributed as | ||||||
10 | described in
part (I) to an inter-track wagering location | ||||||
11 | licensee that accepts
wagers on races conducted by an | ||||||
12 | organization licensee that conducts a race meet
in a county | ||||||
13 | with a population in excess of 230,000 and that borders the
| ||||||
14 | Mississippi River shall be further redistributed as | ||||||
15 | provided in subparagraphs
(D) and (E) of paragraph (7) of | ||||||
16 | subsection (g) of this Section 26, with the
portion of that
| ||||||
17 | further redistribution allocated to purses at that | ||||||
18 | organization licensee to be
divided between standardbred | ||||||
19 | purses and thoroughbred purses based on the
amounts | ||||||
20 | otherwise allocated to purses at that organization | ||||||
21 | licensee during the
calendar year in question; and (iv) 8% | ||||||
22 | of the pari-mutuel handle on
inter-track wagering wagered | ||||||
23 | at
such location to satisfy all costs and expenses of | ||||||
24 | conducting its wagering. The
remainder of the monies | ||||||
25 | retained by the inter-track wagering location licensee
| ||||||
26 | shall be allocated 40% to the location licensee and 60% to |
| |||||||
| |||||||
1 | the organization
licensee which provides the Illinois | ||||||
2 | races to the location, except that an
intertrack wagering | ||||||
3 | location
licensee that derives its license from a track | ||||||
4 | located in a county with a
population in excess of 230,000 | ||||||
5 | and that borders the Mississippi River shall
not divide any | ||||||
6 | remaining retention with the organization licensee that | ||||||
7 | provides
the race or races and an intertrack wagering | ||||||
8 | location licensee that accepts
wagers on races conducted by | ||||||
9 | an organization licensee that conducts a race meet
in a | ||||||
10 | county with a population in excess of 230,000 and that | ||||||
11 | borders the
Mississippi River shall not divide any | ||||||
12 | remaining retention with the
organization licensee.
| ||||||
13 | Notwithstanding the provisions of clauses (ii) and (iv) of | ||||||
14 | this
paragraph, in the case of the additional inter-track | ||||||
15 | wagering location licenses
authorized under paragraph (1) | ||||||
16 | of this subsection (h) by this amendatory
Act of 1991, | ||||||
17 | those licensees shall pay the following amounts as purses:
| ||||||
18 | during the first 12 months the licensee is in operation, | ||||||
19 | 5.25% of
the
pari-mutuel handle wagered at the location on | ||||||
20 | races; during the second 12
months, 5.25%; during the third | ||||||
21 | 12 months, 5.75%;
during
the fourth 12 months,
6.25%; and | ||||||
22 | during the fifth 12 months and thereafter, 6.75%. The
| ||||||
23 | following amounts shall be retained by the licensee to | ||||||
24 | satisfy all costs
and expenses of conducting its wagering: | ||||||
25 | during the first 12 months the
licensee is in operation, | ||||||
26 | 8.25% of the pari-mutuel handle wagered
at the
location; |
| |||||||
| |||||||
1 | during the second 12 months, 8.25%; during the third 12
| ||||||
2 | months, 7.75%;
during the fourth 12 months, 7.25%; and | ||||||
3 | during the fifth 12 months
and
thereafter, 6.75%.
For | ||||||
4 | additional intertrack wagering location licensees | ||||||
5 | authorized under this
amendatory
Act of 1995, purses for | ||||||
6 | the first 12 months the licensee is in operation shall
be | ||||||
7 | 5.75% of the pari-mutuel wagered
at the location, purses | ||||||
8 | for the second 12 months the licensee is in operation
shall | ||||||
9 | be 6.25%, and purses
thereafter shall be 6.75%. For | ||||||
10 | additional intertrack location
licensees
authorized under
| ||||||
11 | this amendatory Act of 1995, the licensee shall be allowed | ||||||
12 | to retain to satisfy
all costs and expenses: 7.75% of the | ||||||
13 | pari-mutuel handle wagered at
the location
during its first | ||||||
14 | 12 months of operation, 7.25% during its second
12
months | ||||||
15 | of
operation, and 6.75% thereafter.
| ||||||
16 | (C) There is hereby created the Horse Racing Tax | ||||||
17 | Allocation Fund
which shall remain in existence until | ||||||
18 | December 31, 1999. Moneys
remaining in the Fund after | ||||||
19 | December 31, 1999
shall be paid into the
General Revenue | ||||||
20 | Fund. Until January 1, 2000,
all monies paid into the Horse | ||||||
21 | Racing Tax Allocation Fund pursuant to this
paragraph (11) | ||||||
22 | by inter-track wagering location licensees located in park
| ||||||
23 | districts of 500,000 population or less, or in a | ||||||
24 | municipality that is not
included within any park district | ||||||
25 | but is included within a conservation
district and is the | ||||||
26 | county seat of a county that (i) is contiguous to the state
|
| |||||||
| |||||||
1 | of Indiana and (ii) has a 1990 population of 88,257 | ||||||
2 | according to the United
States Bureau of the Census, and | ||||||
3 | operating on May 1, 1994 shall be
allocated by | ||||||
4 | appropriation as follows:
| ||||||
5 | Two-sevenths to the Department of Agriculture. | ||||||
6 | Fifty percent of
this two-sevenths shall be used to | ||||||
7 | promote the Illinois horse racing and
breeding | ||||||
8 | industry, and shall be distributed by the Department of | ||||||
9 | Agriculture
upon the advice of a 9-member committee | ||||||
10 | appointed by the Governor consisting of
the following | ||||||
11 | members: the Director of Agriculture, who shall serve | ||||||
12 | as
chairman; 2 representatives of organization | ||||||
13 | licensees conducting thoroughbred
race meetings in | ||||||
14 | this State, recommended by those licensees; 2 | ||||||
15 | representatives
of organization licensees conducting | ||||||
16 | standardbred race meetings in this State,
recommended | ||||||
17 | by those licensees; a representative of the Illinois
| ||||||
18 | Thoroughbred Breeders and Owners Foundation, | ||||||
19 | recommended by that
Foundation; a representative of | ||||||
20 | the Illinois Standardbred Owners and
Breeders | ||||||
21 | Association, recommended
by that Association; a | ||||||
22 | representative of
the Horsemen's Benevolent and | ||||||
23 | Protective Association or any successor
organization | ||||||
24 | thereto established in Illinois comprised of the | ||||||
25 | largest number of
owners and trainers, recommended by | ||||||
26 | that
Association or that successor organization; and a
|
| |||||||
| |||||||
1 | representative of the Illinois Harness Horsemen's
| ||||||
2 | Association, recommended by that Association. | ||||||
3 | Committee members shall
serve for terms of 2 years, | ||||||
4 | commencing January 1 of each even-numbered
year. If a | ||||||
5 | representative of any of the above-named entities has | ||||||
6 | not been
recommended by January 1 of any even-numbered | ||||||
7 | year, the Governor shall
appoint a committee member to | ||||||
8 | fill that position. Committee members shall
receive no | ||||||
9 | compensation for their services as members but shall be
| ||||||
10 | reimbursed for all actual and necessary expenses and | ||||||
11 | disbursements incurred
in the performance of their | ||||||
12 | official duties. The remaining 50% of this
| ||||||
13 | two-sevenths shall be distributed to county fairs for | ||||||
14 | premiums and
rehabilitation as set forth in the | ||||||
15 | Agricultural Fair Act;
| ||||||
16 | Four-sevenths to park districts or municipalities | ||||||
17 | that do not have a
park district of 500,000 population | ||||||
18 | or less for museum purposes (if an
inter-track wagering | ||||||
19 | location licensee is located in such a park district) | ||||||
20 | or
to conservation districts for museum purposes (if an | ||||||
21 | inter-track wagering
location licensee is located in a | ||||||
22 | municipality that is not included within any
park | ||||||
23 | district but is included within a conservation | ||||||
24 | district and is the county
seat of a county that (i) is | ||||||
25 | contiguous to the state of Indiana and (ii) has a
1990 | ||||||
26 | population of 88,257 according to the United States |
| |||||||
| |||||||
1 | Bureau of the Census,
except that if the conservation | ||||||
2 | district does not maintain a museum, the monies
shall | ||||||
3 | be allocated equally between the county and the | ||||||
4 | municipality in which the
inter-track wagering | ||||||
5 | location licensee is located for general purposes) or | ||||||
6 | to a
municipal recreation board for park purposes (if | ||||||
7 | an inter-track wagering
location licensee is located | ||||||
8 | in a municipality that is not included within any
park | ||||||
9 | district and park maintenance is the function of the | ||||||
10 | municipal recreation
board and the municipality has a | ||||||
11 | 1990 population of 9,302 according to the
United States | ||||||
12 | Bureau of the Census); provided that the monies are | ||||||
13 | distributed
to each park district or conservation | ||||||
14 | district or municipality that does not
have a park | ||||||
15 | district in an amount equal to four-sevenths of the | ||||||
16 | amount
collected by each inter-track wagering location | ||||||
17 | licensee within the park
district or conservation | ||||||
18 | district or municipality for the Fund. Monies that
were | ||||||
19 | paid into the Horse Racing Tax Allocation Fund before | ||||||
20 | the effective date
of this amendatory Act of 1991 by an | ||||||
21 | inter-track wagering location licensee
located in a | ||||||
22 | municipality that is not included within any park | ||||||
23 | district but is
included within a conservation | ||||||
24 | district as provided in this paragraph shall, as
soon | ||||||
25 | as practicable after the effective date of this | ||||||
26 | amendatory Act of 1991, be
allocated and paid to that |
| |||||||
| |||||||
1 | conservation district as provided in this paragraph.
| ||||||
2 | Any park district or municipality not maintaining a | ||||||
3 | museum may deposit the
monies in the corporate fund of | ||||||
4 | the park district or municipality where the
| ||||||
5 | inter-track wagering location is located, to be used | ||||||
6 | for general purposes;
and
| ||||||
7 | One-seventh to the Agricultural Premium Fund to be | ||||||
8 | used for distribution
to agricultural home economics | ||||||
9 | extension councils in accordance with "An
Act in | ||||||
10 | relation to additional support and finances for the | ||||||
11 | Agricultural and
Home Economic Extension Councils in | ||||||
12 | the several counties of this State and
making an | ||||||
13 | appropriation therefor", approved July 24, 1967.
| ||||||
14 | Until January 1, 2000, all other
monies paid into the | ||||||
15 | Horse Racing Tax
Allocation Fund pursuant to
this paragraph | ||||||
16 | (11) shall be allocated by appropriation as follows:
| ||||||
17 | Two-sevenths to the Department of Agriculture. | ||||||
18 | Fifty percent of this
two-sevenths shall be used to | ||||||
19 | promote the Illinois horse racing and breeding
| ||||||
20 | industry, and shall be distributed by the Department of | ||||||
21 | Agriculture upon the
advice of a 9-member committee | ||||||
22 | appointed by the Governor consisting of the
following | ||||||
23 | members: the Director of Agriculture, who shall serve | ||||||
24 | as chairman; 2
representatives of organization | ||||||
25 | licensees conducting thoroughbred race meetings
in | ||||||
26 | this State, recommended by those licensees; 2 |
| |||||||
| |||||||
1 | representatives of
organization licensees conducting | ||||||
2 | standardbred race meetings in this State,
recommended | ||||||
3 | by those licensees; a representative of the Illinois | ||||||
4 | Thoroughbred
Breeders and Owners Foundation, | ||||||
5 | recommended by that Foundation; a
representative of | ||||||
6 | the Illinois Standardbred Owners and Breeders | ||||||
7 | Association,
recommended by that Association; a | ||||||
8 | representative of the Horsemen's Benevolent
and | ||||||
9 | Protective Association or any successor organization | ||||||
10 | thereto established
in Illinois comprised of the | ||||||
11 | largest number of owners and trainers,
recommended by | ||||||
12 | that Association or that successor organization; and a
| ||||||
13 | representative of the Illinois Harness Horsemen's | ||||||
14 | Association, recommended by
that Association. | ||||||
15 | Committee members shall serve for terms of 2 years,
| ||||||
16 | commencing January 1 of each even-numbered year. If a | ||||||
17 | representative of any of
the above-named entities has | ||||||
18 | not been recommended by January 1 of any
even-numbered | ||||||
19 | year, the Governor shall appoint a committee member to | ||||||
20 | fill that
position. Committee members shall receive no | ||||||
21 | compensation for their services
as members but shall be | ||||||
22 | reimbursed for all actual and necessary expenses and
| ||||||
23 | disbursements incurred in the performance of their | ||||||
24 | official duties. The
remaining 50% of this | ||||||
25 | two-sevenths shall be distributed to county fairs for
| ||||||
26 | premiums and rehabilitation as set forth in the |
| |||||||
| |||||||
1 | Agricultural Fair Act;
| ||||||
2 | Four-sevenths to museums and aquariums located in | ||||||
3 | park districts of over
500,000 population; provided | ||||||
4 | that the monies are distributed in accordance with
the | ||||||
5 | previous year's distribution of the maintenance tax | ||||||
6 | for such museums and
aquariums as provided in Section 2 | ||||||
7 | of the Park District Aquarium and Museum
Act; and
| ||||||
8 | One-seventh to the Agricultural Premium Fund to be | ||||||
9 | used for distribution
to agricultural home economics | ||||||
10 | extension councils in accordance with "An Act
in | ||||||
11 | relation to additional support and finances for the | ||||||
12 | Agricultural and
Home Economic Extension Councils in | ||||||
13 | the several counties of this State and
making an | ||||||
14 | appropriation therefor", approved July 24, 1967.
This | ||||||
15 | subparagraph (C) shall be inoperative and of no force | ||||||
16 | and effect on and
after January 1, 2000.
| ||||||
17 | (D) Except as provided in paragraph (11) of this | ||||||
18 | subsection (h),
with respect to purse allocation from | ||||||
19 | intertrack wagering, the monies so
retained shall be | ||||||
20 | divided as follows:
| ||||||
21 | (i) If the inter-track wagering licensee, | ||||||
22 | except an intertrack
wagering licensee that | ||||||
23 | derives its license from an organization
licensee | ||||||
24 | located in a county with a population in excess of | ||||||
25 | 230,000 and bounded
by the Mississippi River, is | ||||||
26 | not conducting its own
race meeting during the same |
| |||||||
| |||||||
1 | dates, then the entire purse allocation shall be
to | ||||||
2 | purses at the track where the races wagered on are | ||||||
3 | being conducted.
| ||||||
4 | (ii) If the inter-track wagering licensee, | ||||||
5 | except an intertrack
wagering licensee that | ||||||
6 | derives its license from an organization
licensee | ||||||
7 | located in a county with a population in excess of | ||||||
8 | 230,000 and bounded
by the Mississippi River, is | ||||||
9 | also
conducting its own
race meeting during the | ||||||
10 | same dates, then the purse allocation shall be as
| ||||||
11 | follows: 50% to purses at the track where the races | ||||||
12 | wagered on are
being conducted; 50% to purses at | ||||||
13 | the track where the inter-track
wagering licensee | ||||||
14 | is accepting such wagers.
| ||||||
15 | (iii) If the inter-track wagering is being | ||||||
16 | conducted by an inter-track
wagering location | ||||||
17 | licensee, except an intertrack wagering location | ||||||
18 | licensee
that derives its license from an | ||||||
19 | organization licensee located in a
county with a | ||||||
20 | population in excess of 230,000 and bounded by the | ||||||
21 | Mississippi
River, the entire purse allocation for | ||||||
22 | Illinois races shall
be to purses at the track | ||||||
23 | where the race meeting being wagered on is being
| ||||||
24 | held.
| ||||||
25 | (12) The Board shall have all powers necessary and | ||||||
26 | proper to fully
supervise and control the conduct of
|
| |||||||
| |||||||
1 | inter-track wagering and simulcast
wagering by inter-track | ||||||
2 | wagering licensees and inter-track wagering location
| ||||||
3 | licensees, including, but not
limited to the following:
| ||||||
4 | (A) The Board is vested with power to promulgate | ||||||
5 | reasonable rules and
regulations for the purpose of | ||||||
6 | administering the
conduct of this
wagering and to | ||||||
7 | prescribe reasonable rules, regulations and conditions | ||||||
8 | under
which such wagering shall be held and conducted. | ||||||
9 | Such rules and regulations
are to provide for the | ||||||
10 | prevention of practices detrimental to the public
| ||||||
11 | interest and for
the best interests of said wagering | ||||||
12 | and to impose penalties
for violations thereof.
| ||||||
13 | (B) The Board, and any person or persons to whom it | ||||||
14 | delegates this
power, is vested with the power to enter | ||||||
15 | the
facilities of any licensee to determine whether | ||||||
16 | there has been
compliance with the provisions of this | ||||||
17 | Act and the rules and regulations
relating to the | ||||||
18 | conduct of such wagering.
| ||||||
19 | (C) The Board, and any person or persons to whom it | ||||||
20 | delegates this
power, may eject or exclude from any | ||||||
21 | licensee's facilities, any person whose
conduct or | ||||||
22 | reputation
is such that his presence on such premises | ||||||
23 | may, in the opinion of the Board,
call into the | ||||||
24 | question the honesty and integrity of, or interfere | ||||||
25 | with the
orderly conduct of such wagering; provided, | ||||||
26 | however, that no person shall
be excluded or ejected |
| |||||||
| |||||||
1 | from such premises solely on the grounds of race,
| ||||||
2 | color, creed, national origin, ancestry, or sex.
| ||||||
3 | (D) (Blank).
| ||||||
4 | (E) The Board is vested with the power to appoint | ||||||
5 | delegates to execute
any of the powers granted to it | ||||||
6 | under this Section for the purpose of
administering | ||||||
7 | this wagering and any
rules and
regulations
| ||||||
8 | promulgated in accordance with this Act.
| ||||||
9 | (F) The Board shall name and appoint a State | ||||||
10 | director of this wagering
who shall be a representative | ||||||
11 | of the Board and whose
duty it shall
be to supervise | ||||||
12 | the conduct of inter-track wagering as may be provided | ||||||
13 | for
by the rules and regulations of the Board; such | ||||||
14 | rules and regulation shall
specify the method of | ||||||
15 | appointment and the Director's powers, authority and
| ||||||
16 | duties.
| ||||||
17 | (G) The Board is vested with the power to impose | ||||||
18 | civil penalties of up
to $5,000 against individuals and | ||||||
19 | up to $10,000 against
licensees for each violation of | ||||||
20 | any provision of
this Act relating to the conduct of | ||||||
21 | this wagering, any
rules adopted
by the Board, any | ||||||
22 | order of the Board or any other action which in the | ||||||
23 | Board's
discretion, is a detriment or impediment to | ||||||
24 | such wagering.
| ||||||
25 | (13) The Department of Agriculture may enter into | ||||||
26 | agreements with
licensees authorizing such licensees to |
| |||||||
| |||||||
1 | conduct inter-track
wagering on races to be held at the | ||||||
2 | licensed race meetings conducted by the
Department of | ||||||
3 | Agriculture. Such
agreement shall specify the races of the | ||||||
4 | Department of Agriculture's
licensed race meeting upon | ||||||
5 | which the licensees will conduct wagering. In the
event | ||||||
6 | that a licensee
conducts inter-track pari-mutuel wagering | ||||||
7 | on races from the Illinois State Fair
or DuQuoin State Fair | ||||||
8 | which are in addition to the licensee's previously
approved | ||||||
9 | racing program, those races shall be considered a separate | ||||||
10 | racing day
for the
purpose of determining the daily handle | ||||||
11 | and computing the privilege or
pari-mutuel tax on
that | ||||||
12 | daily handle as provided in Sections 27
and 27.1. Such
| ||||||
13 | agreements shall be approved by the Board before such | ||||||
14 | wagering may be
conducted. In determining whether to grant | ||||||
15 | approval, the Board shall give
due consideration to the | ||||||
16 | best interests of the public and of horse racing.
The | ||||||
17 | provisions of paragraphs (1), (8), (8.1), and (8.2) of
| ||||||
18 | subsection (h) of this
Section which are not specified in | ||||||
19 | this paragraph (13) shall not apply to
licensed race | ||||||
20 | meetings conducted by the Department of Agriculture at the
| ||||||
21 | Illinois State Fair in Sangamon County or the DuQuoin State | ||||||
22 | Fair in Perry
County, or to any wagering conducted on
those | ||||||
23 | race meetings.
| ||||||
24 | (i) Notwithstanding the other provisions of this Act, the | ||||||
25 | conduct of
wagering at wagering facilities is authorized on all | ||||||
26 | days, except as limited by
subsection (b) of Section 19 of this |
| |||||||
| |||||||
1 | Act.
| ||||||
2 | (Source: P.A. 91-40, eff. 6-25-99; 92-211, eff. 8-2-01.)
| ||||||
3 | (230 ILCS 5/27) (from Ch. 8, par. 37-27)
| ||||||
4 | Sec. 27. (a) In addition to the organization license fee | ||||||
5 | provided
by this Act, until January 1, 2000, a
graduated | ||||||
6 | privilege tax is hereby
imposed for conducting
the pari-mutuel | ||||||
7 | system of wagering permitted under this
Act. Until January 1, | ||||||
8 | 2000, except as provided in subsection (g) of
Section 27 of | ||||||
9 | this Act, all of
the breakage of each racing day held by any | ||||||
10 | licensee in the State shall be paid
to the State.
Until January | ||||||
11 | 1, 2000, such daily graduated privilege tax shall be paid by
| ||||||
12 | the
licensee from the amount permitted to be retained under | ||||||
13 | this Act.
Until January 1, 2000, each day's
graduated privilege | ||||||
14 | tax, breakage, and Horse Racing Tax Allocation
funds shall be | ||||||
15 | remitted to the Department of Revenue within 48 hours after the
| ||||||
16 | close of the racing day upon which it is assessed or within | ||||||
17 | such other time as
the Board prescribes. The privilege tax | ||||||
18 | hereby imposed, until January
1, 2000, shall be a flat tax at
| ||||||
19 | the rate of 2% of the daily pari-mutuel handle except as | ||||||
20 | provided in Section
27.1.
| ||||||
21 | In addition, every organization licensee, except as
| ||||||
22 | provided in Section 27.1 of this Act, which conducts multiple
| ||||||
23 | wagering shall pay, until January 1, 2000,
as a privilege tax | ||||||
24 | on multiple
wagers an amount
equal to 1.25% of all moneys | ||||||
25 | wagered each day on such multiple wagers,
plus an additional |
| |||||||
| |||||||
1 | amount equal to 3.5% of the amount wagered each day on any
| ||||||
2 | other multiple wager which involves a single
betting interest | ||||||
3 | on 3 or more horses. The licensee shall remit the amount of
| ||||||
4 | such taxes to the Department of Revenue within 48 hours after | ||||||
5 | the close of
the racing day on which it is assessed or within | ||||||
6 | such other time as the Board
prescribes.
| ||||||
7 | This subsection (a) shall be inoperative and of no force | ||||||
8 | and effect on and
after January 1, 2000.
| ||||||
9 | (a-5) Beginning on January 1, 2000, a
flat
pari-mutuel tax | ||||||
10 | at the rate of 1.5% of
the daily
pari-mutuel handle is imposed | ||||||
11 | at all pari-mutuel wagering facilities and on advance deposit | ||||||
12 | wagering from a location other than a wagering facility , except | ||||||
13 | as otherwise provided for in this subsection (a-5). In addition | ||||||
14 | to the pari-mutuel tax imposed on advance deposit wagering | ||||||
15 | pursuant to this subsection (a-5), an additional pari-mutuel | ||||||
16 | tax at the rate of 0.25% shall be imposed on advance deposit | ||||||
17 | wagering, the amount of which shall not exceed $250,000 in each | ||||||
18 | calendar year. The additional 0.25% pari-mutuel tax imposed on | ||||||
19 | advance deposit wagering by this amendatory Act of the 96th | ||||||
20 | General Assembly shall be deposited into the Quarter Horse | ||||||
21 | Purse Fund, which shall be created as a non-appropriated trust | ||||||
22 | fund administered by the Board for grants to thoroughbred | ||||||
23 | organization licensees for payment of purses for quarter horse | ||||||
24 | races conducted by the organization licensee. Thoroughbred | ||||||
25 | organization licensees may petition the Board to conduct | ||||||
26 | quarter horse racing and receive purse grants from the Quarter |
| |||||||
| |||||||
1 | Horse Purse Fund. The Board shall have complete discretion in | ||||||
2 | distributing the Quarter Horse Purse Fund to the petitioning | ||||||
3 | organization licensees. Beginning on the effective date of this | ||||||
4 | amendatory Act of the 94th General Assembly and until moneys | ||||||
5 | deposited pursuant to Section 54 are distributed and received, | ||||||
6 | a pari-mutuel tax at the rate of 0.25% of the daily pari-mutuel | ||||||
7 | handle is imposed at a pari-mutuel facility whose license is | ||||||
8 | derived from a track located in a county that borders the | ||||||
9 | Mississippi River and conducted live racing in the previous | ||||||
10 | year. After moneys deposited pursuant to Section 54 are | ||||||
11 | distributed and received, a pari-mutuel tax at the rate of 1.5% | ||||||
12 | of the daily pari-mutuel handle is imposed at a pari-mutuel | ||||||
13 | facility whose license is derived from a track located in a | ||||||
14 | county that borders the Mississippi River and conducted live | ||||||
15 | racing in the previous year. The pari-mutuel tax imposed by | ||||||
16 | this subsection (a-5)
shall be remitted to the Department of
| ||||||
17 | Revenue within 48 hours after the close of the racing day upon | ||||||
18 | which it is
assessed or within such other time as the Board | ||||||
19 | prescribes.
| ||||||
20 | (b) On or before December 31, 1999, in
the event that any | ||||||
21 | organization
licensee conducts
2 separate programs
of races on | ||||||
22 | any day, each such program shall be considered a separate
| ||||||
23 | racing day for purposes of determining the daily handle and | ||||||
24 | computing
the privilege tax on such daily handle as provided in | ||||||
25 | subsection (a) of
this Section.
| ||||||
26 | (c) Licensees shall at all times keep accurate
books
and |
| |||||||
| |||||||
1 | records of all monies wagered on each day of a race meeting and | ||||||
2 | of
the taxes paid to the Department of Revenue under the | ||||||
3 | provisions of this
Section. The Board or its duly authorized | ||||||
4 | representative or
representatives shall at all reasonable | ||||||
5 | times have access to such
records for the purpose of examining | ||||||
6 | and checking the same and
ascertaining whether the proper | ||||||
7 | amount of taxes is being paid as
provided. The Board shall | ||||||
8 | require verified reports and a statement of
the total of all | ||||||
9 | monies wagered daily at each wagering facility upon which
the | ||||||
10 | taxes are assessed and may prescribe forms upon which such | ||||||
11 | reports
and statement shall be made.
| ||||||
12 | (d) Any licensee failing or refusing to pay the amount
of | ||||||
13 | any tax due under this Section shall be guilty of a business | ||||||
14 | offense
and upon conviction shall be fined not more than $5,000 | ||||||
15 | in addition to
the amount found due as tax under this Section. | ||||||
16 | Each day's violation
shall constitute a separate offense. All | ||||||
17 | fines paid into Court by a licensee hereunder shall be | ||||||
18 | transmitted and paid over by
the Clerk of the Court to the | ||||||
19 | Board.
| ||||||
20 | (e) No other license fee, privilege tax, excise tax, or
| ||||||
21 | racing fee, except as provided in this Act, shall be assessed | ||||||
22 | or
collected from any such licensee by the State.
| ||||||
23 | (f) No other license fee, privilege tax, excise tax or | ||||||
24 | racing fee shall be
assessed or collected from any such | ||||||
25 | licensee by units of local government
except as provided in | ||||||
26 | paragraph 10.1 of subsection (h) and subsection (f) of
Section |
| |||||||
| |||||||
1 | 26 of this Act. However, any municipality that has a Board | ||||||
2 | licensed
horse race meeting at a race track wholly within its | ||||||
3 | corporate boundaries or a
township that has a Board licensed | ||||||
4 | horse race meeting at a race track wholly
within the | ||||||
5 | unincorporated area of the township may charge a local
| ||||||
6 | amusement tax not to exceed 10¢ per admission to such horse | ||||||
7 | race meeting
by the enactment of an ordinance. However, any | ||||||
8 | municipality or county
that has a Board licensed inter-track | ||||||
9 | wagering location facility wholly
within its corporate | ||||||
10 | boundaries may each impose an admission fee not
to exceed $1.00 | ||||||
11 | per admission to such inter-track wagering location facility,
| ||||||
12 | so that a total of not more than $2.00 per admission may be | ||||||
13 | imposed.
Except as provided in subparagraph (g) of Section 27 | ||||||
14 | of this Act, the
inter-track wagering location licensee shall | ||||||
15 | collect any and all such fees
and within 48 hours remit the | ||||||
16 | fees to the Board, which shall, pursuant to
rule, cause the | ||||||
17 | fees to be distributed to the county or municipality.
| ||||||
18 | (g) Notwithstanding any provision in this Act to the | ||||||
19 | contrary, if in any
calendar year the total taxes and fees | ||||||
20 | required to be collected from
licensees and distributed under | ||||||
21 | this Act to all State and local governmental
authorities | ||||||
22 | exceeds the amount of such taxes and fees distributed to each | ||||||
23 | State
and local governmental authority to which each State and | ||||||
24 | local governmental
authority was entitled under this Act for | ||||||
25 | calendar year 1994, then the first
$11 million of that excess | ||||||
26 | amount shall be allocated at the earliest possible
date for |
| |||||||
| |||||||
1 | distribution as purse money for the succeeding calendar year.
| ||||||
2 | Upon reaching the 1994 level, and until the excess amount of | ||||||
3 | taxes and fees
exceeds $11 million, the Board shall direct all | ||||||
4 | licensees to cease paying the
subject taxes and fees and the | ||||||
5 | Board shall direct all licensees to allocate any such excess | ||||||
6 | amount for purses as
follows:
| ||||||
7 | (i) the excess amount shall be initially divided | ||||||
8 | between thoroughbred and
standardbred purses based on the | ||||||
9 | thoroughbred's and standardbred's respective
percentages | ||||||
10 | of total Illinois live wagering in calendar year 1994;
| ||||||
11 | (ii) each thoroughbred and standardbred organization | ||||||
12 | licensee issued an
organization licensee in that | ||||||
13 | succeeding allocation year shall
be
allocated an amount | ||||||
14 | equal to the product of its percentage of total
Illinois
| ||||||
15 | live thoroughbred or standardbred wagering in calendar | ||||||
16 | year 1994 (the total to
be determined based on the sum of | ||||||
17 | 1994 on-track wagering for all organization
licensees | ||||||
18 | issued organization licenses in both the allocation year | ||||||
19 | and the
preceding year) multiplied by
the total amount | ||||||
20 | allocated for standardbred or thoroughbred purses, | ||||||
21 | provided
that the first $1,500,000 of the amount allocated | ||||||
22 | to standardbred
purses under item (i) shall be allocated to | ||||||
23 | the Department of
Agriculture to be expended with the | ||||||
24 | assistance and advice of the Illinois
Standardbred | ||||||
25 | Breeders Funds Advisory Board for the purposes listed in
| ||||||
26 | subsection (g) of Section 31 of this Act, before the amount |
| |||||||
| |||||||
1 | allocated to
standardbred purses under item (i) is | ||||||
2 | allocated to standardbred
organization licensees in the | ||||||
3 | succeeding allocation year.
| ||||||
4 | To the extent the excess amount of taxes and fees to be | ||||||
5 | collected and
distributed to State and local governmental | ||||||
6 | authorities exceeds $11 million,
that excess amount shall be | ||||||
7 | collected and distributed to State and local
authorities as | ||||||
8 | provided for under this Act.
| ||||||
9 | (Source: P.A. 94-805, eff. 5-26-06.)
| ||||||
10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 |