Bill Text: IL SB2063 | 2021-2022 | 102nd General Assembly | Introduced
Bill Title: Amends the Illinois Horse Racing Act of 1975. Makes a technical change in a Section concerning wagering.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-02-26 - Referred to Assignments [SB2063 Detail]
Download: Illinois-2021-SB2063-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 | |||||||||||||||||||
5 | amended by changing Section 26 as follows:
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6 | (230 ILCS 5/26) (from Ch. 8, par. 37-26)
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7 | Sec. 26. Wagering.
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8 | (a) Any licensee may conduct and supervise the the | |||||||||||||||||||
9 | pari-mutuel system of
wagering, as defined in Section 3.12 of | |||||||||||||||||||
10 | this Act, on horse races conducted by
an Illinois organization
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11 | licensee or conducted at a racetrack located in another state | |||||||||||||||||||
12 | or country in accordance with subsection (g) of Section 26 of | |||||||||||||||||||
13 | this
Act. Subject to the prior consent of the Board, licensees | |||||||||||||||||||
14 | may supplement any
pari-mutuel pool in order to guarantee a | |||||||||||||||||||
15 | minimum distribution. Such
pari-mutuel method of wagering | |||||||||||||||||||
16 | shall not,
under any circumstances if conducted under the | |||||||||||||||||||
17 | provisions of this Act,
be held or construed to be unlawful, | |||||||||||||||||||
18 | other statutes of this State to the
contrary notwithstanding.
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19 | Subject to rules for advance wagering promulgated by the | |||||||||||||||||||
20 | Board, any
licensee
may accept wagers in advance of the day of
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21 | the race wagered upon occurs.
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22 | (b) Except for those gaming activities for which a license | |||||||||||||||||||
23 | is obtained and authorized under the Illinois Lottery Law, the |
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1 | Charitable Games Act, the Raffles and Poker Runs Act, or the | ||||||
2 | Illinois Gambling Act, no other method of betting, pool | ||||||
3 | making, wagering or
gambling shall be used or permitted by the | ||||||
4 | licensee. Each licensee
may retain, subject to the payment of | ||||||
5 | all applicable
taxes and purses, an amount not to exceed 17% of | ||||||
6 | all money wagered
under subsection (a) of this Section, except | ||||||
7 | as may otherwise be permitted
under this Act.
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8 | (b-5) An individual may place a wager under the | ||||||
9 | pari-mutuel system from
any licensed location authorized under | ||||||
10 | this Act provided that wager is
electronically recorded in the | ||||||
11 | manner 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) (Blank).
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16 | (c-5) The sum held by any licensee for payment
of
| ||||||
17 | outstanding pari-mutuel tickets, if unclaimed prior to | ||||||
18 | December 31 of the
next year, shall be retained by the licensee | ||||||
19 | for payment of
such tickets until that date. Within 10 days | ||||||
20 | thereafter, the balance of
such sum remaining unclaimed, less | ||||||
21 | any uncashed supplements contributed by such
licensee for the | ||||||
22 | purpose of guaranteeing minimum distributions
of any | ||||||
23 | pari-mutuel pool, shall be evenly distributed to the purse | ||||||
24 | account of
the organization licensee and the organization | ||||||
25 | licensee, except that the balance of the sum of all | ||||||
26 | outstanding pari-mutuel tickets generated from simulcast |
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1 | wagering and inter-track wagering by an organization licensee | ||||||
2 | located in a county with a population in excess of 230,000 and | ||||||
3 | borders the Mississippi River or any licensee that derives its | ||||||
4 | license from that organization licensee shall be evenly | ||||||
5 | distributed to the purse account of the organization licensee | ||||||
6 | and the organization licensee.
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7 | (d) A pari-mutuel ticket shall be honored until December | ||||||
8 | 31 of the
next calendar year, and the licensee shall pay the | ||||||
9 | same and may
charge the amount thereof against unpaid money | ||||||
10 | similarly accumulated on account
of pari-mutuel tickets not | ||||||
11 | presented for payment.
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12 | (e) No licensee shall knowingly permit any minor, other
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13 | than an employee of such licensee or an owner, trainer,
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14 | jockey, driver, or employee thereof, to be admitted during a | ||||||
15 | racing
program unless accompanied by a parent or guardian, or | ||||||
16 | any minor to be a
patron of the pari-mutuel system of wagering | ||||||
17 | conducted or
supervised by it. The admission of any | ||||||
18 | unaccompanied minor, other than
an employee of the licensee or | ||||||
19 | an owner, trainer, jockey,
driver, or employee thereof at a | ||||||
20 | race track is a Class C
misdemeanor.
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21 | (f) Notwithstanding the other provisions of this Act, an
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22 | organization licensee may contract
with an entity in another | ||||||
23 | state or country to permit any legal
wagering entity in | ||||||
24 | another state or country to accept wagers solely within
such | ||||||
25 | other state or country on races conducted by the organization | ||||||
26 | licensee
in this State.
Beginning January 1, 2000, these |
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1 | wagers
shall not be subject to State
taxation. Until January | ||||||
2 | 1, 2000,
when the out-of-State entity conducts a pari-mutuel | ||||||
3 | pool
separate from the organization licensee, a privilege tax | ||||||
4 | equal to 7 1/2% of
all monies received by the organization | ||||||
5 | licensee from entities in other states
or countries pursuant | ||||||
6 | to such contracts is imposed on the organization
licensee, and | ||||||
7 | such privilege tax shall be remitted to the
Department of | ||||||
8 | Revenue
within 48 hours of receipt of the moneys from the | ||||||
9 | simulcast. When the
out-of-State entity conducts a
combined | ||||||
10 | pari-mutuel pool with the organization licensee, the tax shall | ||||||
11 | be 10%
of all monies received by the organization licensee | ||||||
12 | with 25% of the
receipts from this 10% tax to be distributed to | ||||||
13 | the county
in which the race was conducted.
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14 | An organization licensee may permit one or more of its | ||||||
15 | races to be
utilized for
pari-mutuel wagering at one or more | ||||||
16 | locations in other states and may
transmit audio and visual | ||||||
17 | signals of races the organization licensee
conducts to one or
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18 | more locations outside the State or country and may also | ||||||
19 | permit pari-mutuel
pools in other states or countries to be | ||||||
20 | combined with its gross or net
wagering pools or with wagering | ||||||
21 | pools established by other states.
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22 | (g) A host track may accept interstate simulcast wagers on
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23 | horse
races conducted in other states or countries and shall | ||||||
24 | control the
number of signals and types of breeds of racing in | ||||||
25 | its simulcast program,
subject to the disapproval of the | ||||||
26 | Board. The Board may prohibit a simulcast
program only if it |
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1 | finds that the simulcast program is clearly
adverse to the | ||||||
2 | integrity of racing. The host track
simulcast program shall
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3 | include the signal of live racing of all organization | ||||||
4 | licensees.
All non-host licensees and advance deposit wagering | ||||||
5 | licensees shall carry the signal of and accept wagers on live | ||||||
6 | racing of all organization licensees. Advance deposit wagering | ||||||
7 | licensees shall not be permitted to accept out-of-state wagers | ||||||
8 | on any Illinois signal provided pursuant to this Section | ||||||
9 | without the approval and consent of the organization licensee | ||||||
10 | providing the signal. For one year after August 15, 2014 (the | ||||||
11 | effective date of Public Act 98-968), non-host licensees may | ||||||
12 | carry the host track simulcast program and
shall accept wagers | ||||||
13 | on all races included as part of the simulcast
program of horse | ||||||
14 | races conducted at race tracks located within North America | ||||||
15 | upon which wagering is permitted. For a period of one year | ||||||
16 | after August 15, 2014 (the effective date of Public Act | ||||||
17 | 98-968), on horse races conducted at race tracks located | ||||||
18 | outside of North America, non-host licensees may accept wagers | ||||||
19 | on all races included as part of the simulcast program upon | ||||||
20 | which wagering is permitted. Beginning August 15, 2015 (one | ||||||
21 | year after the effective date of Public Act 98-968), non-host | ||||||
22 | licensees may carry the host track simulcast program and shall | ||||||
23 | accept wagers on all races included as part of the simulcast | ||||||
24 | program upon which wagering is permitted.
All organization | ||||||
25 | licensees shall provide their live signal to all advance | ||||||
26 | deposit wagering licensees for a simulcast commission fee not |
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1 | to exceed 6% of the advance deposit wagering licensee's | ||||||
2 | Illinois handle on the organization licensee's signal without | ||||||
3 | prior approval by the Board. The Board may adopt rules under | ||||||
4 | which it may permit simulcast commission fees in excess of 6%. | ||||||
5 | The Board shall adopt rules limiting the interstate commission | ||||||
6 | fees charged to an advance deposit wagering licensee. The | ||||||
7 | Board shall adopt rules regarding advance deposit wagering on | ||||||
8 | interstate simulcast races that shall reflect, among other | ||||||
9 | things, the General Assembly's desire to maximize revenues to | ||||||
10 | the State, horsemen purses, and organization licensees. | ||||||
11 | However, organization licensees providing live signals | ||||||
12 | pursuant to the requirements of this subsection (g) may | ||||||
13 | petition the Board to withhold their live signals from an | ||||||
14 | advance deposit wagering licensee if the organization licensee | ||||||
15 | discovers and the Board finds reputable or credible | ||||||
16 | information that the advance deposit wagering licensee is | ||||||
17 | under investigation by another state or federal governmental | ||||||
18 | agency, the advance deposit wagering licensee's license has | ||||||
19 | been suspended in another state, or the advance deposit | ||||||
20 | wagering licensee's license is in revocation proceedings in | ||||||
21 | another state. The organization licensee's provision of their | ||||||
22 | live signal to an advance deposit wagering licensee under this | ||||||
23 | subsection (g) pertains to wagers placed from within Illinois. | ||||||
24 | Advance deposit wagering licensees may place advance deposit | ||||||
25 | wagering terminals at wagering facilities as a convenience to | ||||||
26 | customers. The advance deposit wagering licensee shall not |
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1 | charge or collect any fee from purses for the placement of the | ||||||
2 | advance deposit wagering terminals. The costs and expenses
of | ||||||
3 | the host track and non-host licensees associated
with | ||||||
4 | interstate simulcast
wagering, other than the interstate
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5 | commission fee, shall be borne by the host track and all
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6 | non-host licensees
incurring these costs.
The interstate | ||||||
7 | commission fee shall not exceed 5% of Illinois handle on the
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8 | interstate simulcast race or races without prior approval of | ||||||
9 | the Board. The
Board shall promulgate rules under which it may | ||||||
10 | permit
interstate commission
fees in excess of 5%. The | ||||||
11 | interstate commission
fee and other fees charged by the | ||||||
12 | sending racetrack, including, but not
limited to, satellite | ||||||
13 | decoder fees, shall be uniformly applied
to the host track and | ||||||
14 | all non-host licensees.
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15 | Notwithstanding any other provision of this Act, an | ||||||
16 | organization licensee, with the consent of the horsemen | ||||||
17 | association representing the largest number of owners, | ||||||
18 | trainers, jockeys, or standardbred drivers who race horses at | ||||||
19 | that organization licensee's racing meeting, may maintain a | ||||||
20 | system whereby advance deposit wagering may take place or an | ||||||
21 | organization licensee, with the consent of the horsemen | ||||||
22 | association representing the largest number of owners, | ||||||
23 | trainers, jockeys, or standardbred drivers who race horses at | ||||||
24 | that organization licensee's racing meeting, may contract with | ||||||
25 | another person to carry out a system of advance deposit | ||||||
26 | wagering. Such consent may not be unreasonably withheld. Only |
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1 | with respect to an appeal to the Board that consent for an | ||||||
2 | organization licensee that maintains its own advance deposit | ||||||
3 | wagering system is being unreasonably withheld, the Board | ||||||
4 | shall issue a final order within 30 days after initiation of | ||||||
5 | the appeal, and the organization licensee's advance deposit | ||||||
6 | wagering system may remain operational during that 30-day | ||||||
7 | period. The actions of any organization licensee who conducts | ||||||
8 | advance deposit wagering or any person who has a contract with | ||||||
9 | an organization licensee to conduct advance deposit wagering | ||||||
10 | who conducts advance deposit wagering on or after January 1, | ||||||
11 | 2013 and prior to June 7, 2013 (the effective date of Public | ||||||
12 | Act 98-18) taken in reliance on the changes made to this | ||||||
13 | subsection (g) by Public Act 98-18 are hereby validated, | ||||||
14 | provided payment of all applicable pari-mutuel taxes are | ||||||
15 | remitted to the Board. All advance deposit wagers placed from | ||||||
16 | within Illinois must be placed through a Board-approved | ||||||
17 | advance deposit wagering licensee; no other entity may accept | ||||||
18 | an advance deposit wager from a person within Illinois. All | ||||||
19 | advance deposit wagering is subject to any rules adopted by | ||||||
20 | the Board. The Board may adopt rules necessary to regulate | ||||||
21 | advance deposit wagering through the use of emergency | ||||||
22 | rulemaking in accordance with Section 5-45 of the Illinois | ||||||
23 | Administrative Procedure Act. The General Assembly finds that | ||||||
24 | the adoption of rules to regulate advance deposit wagering is | ||||||
25 | deemed an emergency and necessary for the public interest, | ||||||
26 | safety, and welfare. An advance deposit wagering licensee may |
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1 | retain all moneys as agreed to by contract with an | ||||||
2 | organization licensee. Any moneys retained by the organization | ||||||
3 | licensee from advance deposit wagering, not including moneys | ||||||
4 | retained by the advance deposit wagering licensee, shall be | ||||||
5 | paid 50% to the organization licensee's purse account and 50% | ||||||
6 | to the organization licensee. With the exception of any | ||||||
7 | organization licensee that is owned by a publicly traded | ||||||
8 | company that is incorporated in a state other than Illinois | ||||||
9 | and advance deposit wagering licensees under contract with | ||||||
10 | such organization licensees, organization licensees that | ||||||
11 | maintain advance deposit wagering systems and advance deposit | ||||||
12 | wagering licensees that contract with organization licensees | ||||||
13 | shall provide sufficiently detailed monthly accountings to the | ||||||
14 | horsemen association representing the largest number of | ||||||
15 | owners, trainers, jockeys, or standardbred drivers who race | ||||||
16 | horses at that organization licensee's racing meeting so that | ||||||
17 | the horsemen association, as an interested party, can confirm | ||||||
18 | the accuracy of the amounts paid to the purse account at the | ||||||
19 | horsemen association's affiliated organization licensee from | ||||||
20 | advance deposit wagering. If more than one breed races at the | ||||||
21 | same race track facility, then the 50% of the moneys to be paid | ||||||
22 | to an organization licensee's purse account shall be allocated | ||||||
23 | among all organization licensees' purse accounts operating at | ||||||
24 | that race track facility proportionately based on the actual | ||||||
25 | number of host days that the Board grants to that breed at that | ||||||
26 | race track facility in the current calendar year. To the |
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1 | extent any fees from advance deposit wagering conducted in | ||||||
2 | Illinois for wagers in Illinois or other states have been | ||||||
3 | placed in escrow or otherwise withheld from wagers pending a | ||||||
4 | determination of the legality of advance deposit wagering, no | ||||||
5 | action shall be brought to declare such wagers or the | ||||||
6 | disbursement of any fees previously escrowed illegal. | ||||||
7 | (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
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8 | inter-track wagering
licensee other than the host track | ||||||
9 | may supplement the host track simulcast
program with | ||||||
10 | additional simulcast races or race programs, provided that | ||||||
11 | between
January 1 and the third Friday in February of any | ||||||
12 | year, inclusive, if no live
thoroughbred racing is | ||||||
13 | occurring in Illinois during this period, only
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14 | thoroughbred races may be used
for supplemental interstate | ||||||
15 | simulcast purposes. The Board shall withhold
approval for | ||||||
16 | a supplemental interstate simulcast only if it finds that | ||||||
17 | the
simulcast is clearly adverse to the integrity of | ||||||
18 | racing. A supplemental
interstate simulcast may be | ||||||
19 | transmitted from an inter-track wagering licensee to
its | ||||||
20 | affiliated non-host licensees. The interstate commission | ||||||
21 | fee for a
supplemental interstate simulcast shall be paid | ||||||
22 | by the non-host licensee and
its affiliated non-host | ||||||
23 | licensees receiving the simulcast.
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24 | (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
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25 | inter-track wagering
licensee other than the host track | ||||||
26 | may receive supplemental interstate
simulcasts only with |
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1 | the consent of the host track, except when the Board
finds | ||||||
2 | that the simulcast is
clearly adverse to the integrity of | ||||||
3 | racing. Consent granted under this
paragraph (2) to any | ||||||
4 | inter-track wagering licensee shall be deemed consent to
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5 | all non-host licensees. The interstate commission fee for | ||||||
6 | the supplemental
interstate simulcast shall be paid
by all | ||||||
7 | participating non-host licensees.
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8 | (3) Each licensee conducting interstate simulcast | ||||||
9 | wagering may retain,
subject to the payment of all | ||||||
10 | applicable taxes and the purses, an amount not to
exceed | ||||||
11 | 17% of all money wagered. If any licensee conducts the | ||||||
12 | pari-mutuel
system wagering on races conducted at | ||||||
13 | racetracks in another state or country,
each such race or | ||||||
14 | race program shall be considered a separate racing day for
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15 | the purpose of determining the daily handle and computing | ||||||
16 | the privilege tax of
that daily handle as provided in | ||||||
17 | subsection (a) of Section 27.
Until January 1, 2000,
from | ||||||
18 | the sums permitted to be retained pursuant to this | ||||||
19 | subsection, each
inter-track wagering location licensee | ||||||
20 | shall pay 1% of the pari-mutuel handle
wagered on | ||||||
21 | simulcast wagering to the Horse Racing Tax Allocation | ||||||
22 | Fund, subject
to the provisions of subparagraph (B) of | ||||||
23 | paragraph (11) of subsection (h) of
Section 26 of this | ||||||
24 | Act.
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25 | (4) A licensee who receives an interstate simulcast | ||||||
26 | may combine its gross
or net pools with pools at the |
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| |||||||
1 | sending racetracks pursuant to rules established
by the | ||||||
2 | Board. All licensees combining their gross pools
at a
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3 | sending racetrack shall adopt the takeout percentages of | ||||||
4 | the sending
racetrack.
A licensee may also establish a | ||||||
5 | separate pool and takeout structure for
wagering purposes | ||||||
6 | on races conducted at race tracks outside of the
State of | ||||||
7 | Illinois. The licensee may permit pari-mutuel wagers | ||||||
8 | placed in other
states or
countries to be combined with | ||||||
9 | its gross or net wagering pools or other
wagering pools.
| ||||||
10 | (5) After the payment of the interstate commission fee | ||||||
11 | (except for the
interstate commission
fee on a | ||||||
12 | supplemental interstate simulcast, which shall be paid by | ||||||
13 | the host
track and by each non-host licensee through the | ||||||
14 | host track) and all applicable
State and local
taxes, | ||||||
15 | except as provided in subsection (g) of Section 27 of this | ||||||
16 | Act, the
remainder of moneys retained from simulcast | ||||||
17 | wagering pursuant to this
subsection (g), and Section 26.2 | ||||||
18 | shall be divided as follows:
| ||||||
19 | (A) For interstate simulcast wagers made at a host | ||||||
20 | track, 50% to the
host
track and 50% to purses at the | ||||||
21 | host track.
| ||||||
22 | (B) For wagers placed on interstate simulcast | ||||||
23 | races, supplemental
simulcasts as defined in | ||||||
24 | subparagraphs (1) and (2), and separately pooled races
| ||||||
25 | conducted outside of the State of Illinois made at a | ||||||
26 | non-host
licensee, 25% to the host
track, 25% to the |
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1 | non-host licensee, and 50% to the purses at the host | ||||||
2 | track.
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3 | (6) Notwithstanding any provision in this Act to the | ||||||
4 | contrary, non-host
licensees
who derive their licenses | ||||||
5 | from a track located in a county with a population in
| ||||||
6 | excess of 230,000 and that borders the Mississippi River | ||||||
7 | may receive
supplemental interstate simulcast races at all | ||||||
8 | times subject to Board approval,
which shall be withheld | ||||||
9 | only upon a finding that a supplemental interstate
| ||||||
10 | simulcast is clearly adverse to the integrity of racing.
| ||||||
11 | (7) Effective January 1, 2017, notwithstanding any | ||||||
12 | provision of this Act to the contrary, after
payment of | ||||||
13 | all applicable State and local taxes and interstate | ||||||
14 | commission fees,
non-host licensees who derive their | ||||||
15 | licenses from a track located in a county
with a | ||||||
16 | population in excess of 230,000 and that borders the | ||||||
17 | Mississippi River
shall retain 50% of the retention from | ||||||
18 | interstate simulcast wagers and shall
pay 50% to purses at | ||||||
19 | the track from which the non-host licensee derives its
| ||||||
20 | license.
| ||||||
21 | (7.1) Notwithstanding any other provision of this Act | ||||||
22 | to the contrary,
if
no
standardbred 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 |
| |||||||
| |||||||
1 | and (2) are generated between the hours of 6:30 p.m. and | ||||||
2 | 6:30 a.m.
during that
calendar year shall
be paid as | ||||||
3 | follows:
| ||||||
4 | (A) If the licensee that conducts horse racing at | ||||||
5 | that racetrack
requests from the Board at least as | ||||||
6 | many racing dates as were conducted in
calendar year | ||||||
7 | 2000, 80% shall be paid to its thoroughbred purse | ||||||
8 | account; and
| ||||||
9 | (B) Twenty percent shall be deposited into the | ||||||
10 | Illinois Colt Stakes
Purse
Distribution
Fund and shall | ||||||
11 | be paid to purses for standardbred races for Illinois | ||||||
12 | conceived
and foaled horses conducted at any county | ||||||
13 | fairgrounds.
The moneys deposited into the Fund | ||||||
14 | pursuant to this subparagraph (B) shall be
deposited
| ||||||
15 | within 2
weeks after the day they were generated, | ||||||
16 | shall be in addition to and not in
lieu of any other
| ||||||
17 | moneys paid to standardbred purses under this Act, and | ||||||
18 | shall not be commingled
with other moneys paid into | ||||||
19 | that Fund. The moneys deposited
pursuant to this | ||||||
20 | subparagraph (B) shall be allocated as provided by the
| ||||||
21 | Department of Agriculture, with the advice and | ||||||
22 | assistance of the Illinois
Standardbred
Breeders Fund | ||||||
23 | Advisory Board.
| ||||||
24 | (7.2) Notwithstanding any other provision of this Act | ||||||
25 | to the contrary, if
no
thoroughbred racing is conducted at | ||||||
26 | a racetrack located in Madison County
during any
calendar |
| |||||||
| |||||||
1 | year beginning on or after January 1,
2002, all
moneys | ||||||
2 | derived by
that racetrack from simulcast wagering and | ||||||
3 | inter-track wagering that (1) are to
be used
for purses | ||||||
4 | and (2) are generated between the hours of 6:30 a.m. and | ||||||
5 | 6:30 p.m.
during that
calendar year shall
be deposited as | ||||||
6 | follows:
| ||||||
7 | (A) If the licensee that conducts horse racing at | ||||||
8 | that racetrack
requests from the
Board at least
as | ||||||
9 | many racing dates as were conducted in calendar year | ||||||
10 | 2000, 80%
shall be deposited into its standardbred | ||||||
11 | purse
account; and
| ||||||
12 | (B) Twenty percent shall be deposited into the | ||||||
13 | Illinois Colt Stakes
Purse
Distribution Fund. Moneys | ||||||
14 | deposited into the Illinois Colt Stakes Purse
| ||||||
15 | Distribution Fund
pursuant to this subparagraph (B) | ||||||
16 | shall be paid to Illinois
conceived and foaled | ||||||
17 | thoroughbred breeders' programs
and to thoroughbred | ||||||
18 | purses for races conducted at any county fairgrounds | ||||||
19 | for
Illinois conceived
and foaled horses at the | ||||||
20 | discretion of the
Department of Agriculture, with the | ||||||
21 | advice and assistance of
the Illinois Thoroughbred | ||||||
22 | Breeders Fund Advisory
Board. The moneys deposited | ||||||
23 | into the Illinois Colt Stakes Purse Distribution
Fund
| ||||||
24 | pursuant to this subparagraph (B) shall be deposited | ||||||
25 | within 2 weeks
after the day they were generated, | ||||||
26 | shall be in addition to and not in
lieu of any other |
| |||||||
| |||||||
1 | moneys paid to thoroughbred purses
under this Act, and | ||||||
2 | shall not be commingled with other moneys deposited | ||||||
3 | into
that Fund.
| ||||||
4 | (7.3) (Blank).
| ||||||
5 | (7.4) (Blank).
| ||||||
6 | (8) Notwithstanding any provision in this Act to the | ||||||
7 | contrary, an
organization licensee from a track located in | ||||||
8 | a county with a population in
excess of 230,000 and that | ||||||
9 | borders the Mississippi River and its affiliated
non-host | ||||||
10 | licensees shall not be entitled to share in any retention | ||||||
11 | generated on
racing, inter-track wagering, or simulcast | ||||||
12 | wagering at any other Illinois
wagering facility.
| ||||||
13 | (8.1) Notwithstanding any provisions in this Act to | ||||||
14 | the contrary, if 2
organization licensees
are conducting | ||||||
15 | standardbred race meetings concurrently
between the hours | ||||||
16 | of 6:30 p.m. and 6:30 a.m., after payment of all | ||||||
17 | applicable
State and local taxes and interstate commission | ||||||
18 | fees, the remainder of the
amount retained from simulcast | ||||||
19 | wagering otherwise attributable to the host
track and to | ||||||
20 | host track purses shall be split daily between the 2
| ||||||
21 | organization licensees and the purses at the tracks of the | ||||||
22 | 2 organization
licensees, respectively, based on each | ||||||
23 | organization licensee's share
of the total live handle for | ||||||
24 | that day,
provided that this provision shall not apply to | ||||||
25 | any non-host 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.
| ||||||
2 | (9) (Blank).
| ||||||
3 | (10) (Blank).
| ||||||
4 | (11) (Blank).
| ||||||
5 | (12) The Board shall have authority to compel all host | ||||||
6 | tracks to receive
the simulcast of any or all races | ||||||
7 | conducted at the Springfield or DuQuoin State
fairgrounds | ||||||
8 | and include all such races as part of their simulcast | ||||||
9 | programs.
| ||||||
10 | (13) Notwithstanding any other provision of this Act, | ||||||
11 | in the event that
the total Illinois pari-mutuel handle on | ||||||
12 | Illinois horse races at all wagering
facilities in any | ||||||
13 | calendar year is less than 75% of the total Illinois
| ||||||
14 | pari-mutuel handle on Illinois horse races at all such | ||||||
15 | wagering facilities for
calendar year 1994, then each | ||||||
16 | wagering facility that has an annual total
Illinois | ||||||
17 | pari-mutuel handle on Illinois horse races that is less | ||||||
18 | than 75% of
the total Illinois pari-mutuel handle on | ||||||
19 | Illinois horse races at such wagering
facility for | ||||||
20 | calendar year 1994, shall be permitted to receive, from | ||||||
21 | any amount
otherwise
payable to the purse account at the | ||||||
22 | race track with which the wagering facility
is affiliated | ||||||
23 | in the succeeding calendar year, an amount equal to 2% of | ||||||
24 | the
differential in total Illinois pari-mutuel handle on | ||||||
25 | Illinois horse
races at the wagering facility between that | ||||||
26 | calendar year in question and 1994
provided, however, that |
| |||||||
| |||||||
1 | a
wagering facility shall not be entitled to any such | ||||||
2 | payment until the Board
certifies in writing to the | ||||||
3 | wagering facility the amount to which the wagering
| ||||||
4 | facility is entitled
and a schedule for payment of the | ||||||
5 | amount to the wagering facility, based on:
(i) the racing | ||||||
6 | dates awarded to the race track affiliated with the | ||||||
7 | wagering
facility during the succeeding year; (ii) the | ||||||
8 | sums available or anticipated to
be available in the purse | ||||||
9 | account of the race track affiliated with the
wagering | ||||||
10 | facility for purses during the succeeding year; and (iii) | ||||||
11 | the need to
ensure reasonable purse levels during the | ||||||
12 | payment period.
The Board's certification
shall be | ||||||
13 | provided no later than January 31 of the succeeding year.
| ||||||
14 | In the event a wagering facility entitled to a payment | ||||||
15 | under this paragraph
(13) is affiliated with a race track | ||||||
16 | that maintains purse accounts for both
standardbred and | ||||||
17 | thoroughbred racing, the amount to be paid to the wagering
| ||||||
18 | facility shall be divided between each purse account pro | ||||||
19 | rata, based on the
amount of Illinois handle on Illinois | ||||||
20 | standardbred and thoroughbred racing
respectively at the | ||||||
21 | wagering facility during the previous calendar year.
| ||||||
22 | Annually, the General Assembly shall appropriate | ||||||
23 | sufficient funds from the
General Revenue Fund to the | ||||||
24 | Department of Agriculture for payment into the
| ||||||
25 | thoroughbred and standardbred horse racing purse accounts | ||||||
26 | at
Illinois pari-mutuel tracks. The amount paid to each |
| |||||||
| |||||||
1 | purse account shall be
the amount certified by the | ||||||
2 | Illinois Racing Board in January to be
transferred from | ||||||
3 | each account to each eligible racing facility in
| ||||||
4 | accordance with the provisions of this Section. Beginning | ||||||
5 | in the calendar year in which an organization licensee | ||||||
6 | that is eligible to receive payment under this paragraph | ||||||
7 | (13) begins to receive funds from gaming pursuant to an | ||||||
8 | organization gaming license issued under the Illinois | ||||||
9 | Gambling Act, the amount of the payment due to all | ||||||
10 | wagering facilities licensed under that organization | ||||||
11 | licensee under this paragraph (13) shall be the amount | ||||||
12 | certified by the Board in January of that year. An | ||||||
13 | organization licensee and its related wagering facilities | ||||||
14 | shall no longer be able to receive payments under this | ||||||
15 | paragraph (13) beginning in the year subsequent to the | ||||||
16 | first year in which the organization licensee begins to | ||||||
17 | receive funds from gaming pursuant to an organization | ||||||
18 | gaming license issued under the Illinois Gambling Act.
| ||||||
19 | (h) The Board may approve and license the conduct of | ||||||
20 | inter-track wagering
and simulcast wagering by inter-track | ||||||
21 | wagering licensees and inter-track
wagering location licensees | ||||||
22 | subject to the following terms and conditions:
| ||||||
23 | (1) Any person licensed to conduct a race meeting (i) | ||||||
24 | at a track where
60 or more days of racing were conducted | ||||||
25 | during the immediately preceding
calendar year or where | ||||||
26 | over the 5 immediately preceding calendar years an
average |
| |||||||
| |||||||
1 | of 30 or more days of racing were conducted annually may be | ||||||
2 | issued an
inter-track wagering license; (ii) at a track
| ||||||
3 | located in a county that is bounded by the Mississippi | ||||||
4 | River, which has a
population of less than 150,000 | ||||||
5 | according to the 1990 decennial census, and an
average of | ||||||
6 | at least 60 days of racing per year between 1985 and 1993 | ||||||
7 | may be
issued an inter-track wagering license; (iii) at a | ||||||
8 | track awarded standardbred racing dates; or (iv) at a | ||||||
9 | track
located in Madison
County that conducted at least | ||||||
10 | 100 days of live racing during the immediately
preceding
| ||||||
11 | calendar year may be issued an inter-track wagering | ||||||
12 | license, unless a lesser
schedule of
live racing is the | ||||||
13 | result of (A) weather, unsafe track conditions, or other
| ||||||
14 | acts of God; (B)
an agreement between the organization | ||||||
15 | licensee and the associations
representing the
largest | ||||||
16 | number of owners, trainers, jockeys, or standardbred | ||||||
17 | drivers who race
horses at
that organization licensee's | ||||||
18 | racing meeting; or (C) a finding by the Board of
| ||||||
19 | extraordinary circumstances and that it was in the best | ||||||
20 | interest of the public
and the sport to conduct fewer than | ||||||
21 | 100 days of live racing. Any such person
having operating | ||||||
22 | control of the racing facility may receive
inter-track | ||||||
23 | wagering
location licenses. An
eligible race track located | ||||||
24 | in a county that has a population of more than
230,000 and | ||||||
25 | that is bounded by the Mississippi River may establish up | ||||||
26 | to 9
inter-track wagering locations, an eligible race |
| |||||||
| |||||||
1 | track located in Stickney Township in Cook County may | ||||||
2 | establish up to 16 inter-track wagering locations, and an | ||||||
3 | eligible race track located in Palatine Township in Cook | ||||||
4 | County may establish up to 18 inter-track wagering | ||||||
5 | locations. An eligible racetrack conducting standardbred | ||||||
6 | racing may have up to 16 inter-track wagering locations.
| ||||||
7 | An application for
said license shall be filed with the | ||||||
8 | Board prior to such dates as may be
fixed by the Board. | ||||||
9 | With an application for an inter-track
wagering
location | ||||||
10 | license there shall be delivered to the Board a certified | ||||||
11 | check or
bank draft payable to the order of the Board for | ||||||
12 | an amount equal to $500.
The application shall be on forms | ||||||
13 | prescribed and furnished by the Board. The
application | ||||||
14 | shall comply with all other rules,
regulations and | ||||||
15 | conditions imposed by the Board in connection therewith.
| ||||||
16 | (2) The Board shall examine the applications with | ||||||
17 | respect to their
conformity with this Act and the rules | ||||||
18 | and regulations imposed by the
Board. If found to be in | ||||||
19 | compliance with the Act and rules and regulations
of the | ||||||
20 | Board, the Board may then issue a license to conduct | ||||||
21 | inter-track
wagering and simulcast wagering to such | ||||||
22 | applicant. All such applications
shall be acted upon by | ||||||
23 | the Board at a meeting to be held on such date as may be
| ||||||
24 | fixed by the Board.
| ||||||
25 | (3) In granting licenses to conduct inter-track | ||||||
26 | wagering and simulcast
wagering, the Board shall give due |
| |||||||
| |||||||
1 | consideration to
the best interests of the
public, of | ||||||
2 | horse racing, and of maximizing revenue to the State.
| ||||||
3 | (4) Prior to the issuance of a license to conduct | ||||||
4 | inter-track wagering
and simulcast wagering,
the applicant | ||||||
5 | shall file with the Board a bond payable to the State of | ||||||
6 | Illinois
in the sum of $50,000, executed by the applicant | ||||||
7 | and a surety company or
companies authorized to do | ||||||
8 | business in this State, and conditioned upon
(i) the | ||||||
9 | payment by the licensee of all taxes due under Section 27 | ||||||
10 | or 27.1
and any other monies due and payable under this | ||||||
11 | Act, and (ii)
distribution by the licensee, upon | ||||||
12 | presentation of the winning ticket or
tickets, of all sums | ||||||
13 | payable to the patrons of pari-mutuel pools.
| ||||||
14 | (5) Each license to conduct inter-track wagering and | ||||||
15 | simulcast
wagering shall specify the person
to whom it is | ||||||
16 | issued, the dates on which such wagering is permitted, and
| ||||||
17 | the track or location where the wagering is to be | ||||||
18 | conducted.
| ||||||
19 | (6) All wagering under such license is subject to this | ||||||
20 | Act and to the
rules and regulations from time to time | ||||||
21 | prescribed by the Board, and every
such license issued by | ||||||
22 | the Board shall contain a recital to that effect.
| ||||||
23 | (7) An inter-track wagering licensee or inter-track | ||||||
24 | wagering location
licensee may accept wagers at the track | ||||||
25 | or location
where it is licensed, or as otherwise provided | ||||||
26 | under this Act.
|
| |||||||
| |||||||
1 | (8) Inter-track wagering or simulcast wagering shall | ||||||
2 | not be
conducted
at any track less than 4 miles from a | ||||||
3 | track at which a racing meeting is in
progress.
| ||||||
4 | (8.1) Inter-track wagering location
licensees who | ||||||
5 | derive their licenses from a particular organization | ||||||
6 | licensee
shall conduct inter-track wagering and simulcast | ||||||
7 | wagering only at locations that
are within 160 miles of | ||||||
8 | that race track
where
the particular organization licensee | ||||||
9 | is licensed to conduct racing. However, inter-track | ||||||
10 | wagering and simulcast wagering
shall not
be conducted by | ||||||
11 | those licensees at any location within 5 miles of any race
| ||||||
12 | track at which a
horse race meeting has been licensed in | ||||||
13 | the current year, unless the person
having operating | ||||||
14 | control of such race track has given its written consent
| ||||||
15 | to such inter-track wagering location licensees,
which | ||||||
16 | consent
must be filed with the Board at or prior to the | ||||||
17 | time application is made. In the case of any inter-track | ||||||
18 | wagering location licensee initially licensed after | ||||||
19 | December 31, 2013, inter-track wagering and simulcast | ||||||
20 | wagering shall not be conducted by those inter-track | ||||||
21 | wagering location licensees that are located outside the | ||||||
22 | City of Chicago at any location within 8 miles of any race | ||||||
23 | track at which a horse race meeting has been licensed in | ||||||
24 | the current year, unless the person having operating | ||||||
25 | control of such race track has given its written consent | ||||||
26 | to such inter-track wagering location licensees, which |
| |||||||
| |||||||
1 | consent must be filed with the Board at or prior to the | ||||||
2 | time application is made.
| ||||||
3 | (8.2) Inter-track wagering or simulcast wagering shall | ||||||
4 | not be
conducted by an inter-track
wagering location | ||||||
5 | licensee at any location within 100 feet of an
existing
| ||||||
6 | church, an existing elementary or secondary public school, | ||||||
7 | or an existing elementary or secondary private school | ||||||
8 | registered with or recognized by the State Board of | ||||||
9 | Education. The
distance of 100 feet shall be measured to | ||||||
10 | the nearest part of any
building
used for worship | ||||||
11 | services, education programs, or
conducting inter-track | ||||||
12 | wagering by an inter-track wagering location
licensee, and | ||||||
13 | not to property boundaries. However, inter-track wagering | ||||||
14 | or
simulcast wagering may be conducted at a site within | ||||||
15 | 100 feet of
a church or school if such church or school
has | ||||||
16 | been erected
or established after
the Board issues
the | ||||||
17 | original inter-track wagering location license at the site | ||||||
18 | in 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 | ||||||
23 | license to conduct inter-track wagering and simulcast
| ||||||
24 | wagering 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 | ||||||
12 | program of racing conducted by
each inter-track wagering | ||||||
13 | licensee or inter-track wagering location
licensee shall | ||||||
14 | be 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 | ||||||
23 | in 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 | ||||||
26 | 2% of the pari-mutuel handle from
such location to such |
| |||||||
| |||||||
1 | county. Inter-track wagering location licensees must pay | ||||||
2 | the handle percentage required under this paragraph to the | ||||||
3 | municipality and county no later than the 20th of the | ||||||
4 | month following the month such handle was generated.
| ||||||
5 | (10.2) Notwithstanding any other provision of this | ||||||
6 | Act, with respect to inter-track
wagering at a race track | ||||||
7 | located in a
county that has a population of
more than | ||||||
8 | 230,000 and that is bounded by the Mississippi River ("the | ||||||
9 | first race
track"), or at a facility operated by an | ||||||
10 | inter-track wagering licensee or
inter-track wagering | ||||||
11 | location licensee that derives its license from the
| ||||||
12 | organization licensee that operates the first race track, | ||||||
13 | on races conducted at
the first race track or on races | ||||||
14 | conducted at another Illinois race track
and | ||||||
15 | simultaneously televised to the first race track or to a | ||||||
16 | facility operated
by an inter-track wagering licensee or | ||||||
17 | inter-track wagering location licensee
that derives its | ||||||
18 | license from the organization licensee that operates the | ||||||
19 | first
race track, those moneys shall be allocated as | ||||||
20 | follows:
| ||||||
21 | (A) That portion of all moneys wagered on | ||||||
22 | standardbred racing that is
required under this Act to | ||||||
23 | be paid to purses shall be paid to purses for
| ||||||
24 | standardbred races.
| ||||||
25 | (B) That portion of all moneys wagered on | ||||||
26 | thoroughbred racing
that is required under this Act to |
| |||||||
| |||||||
1 | be paid to purses shall be paid to purses
for | ||||||
2 | thoroughbred races.
| ||||||
3 | (11) (A) After payment of the privilege or pari-mutuel | ||||||
4 | tax, any other
applicable
taxes, and
the costs and | ||||||
5 | expenses in connection with the gathering, transmission, | ||||||
6 | and
dissemination of all data necessary to the conduct of | ||||||
7 | inter-track wagering,
the remainder of the monies retained | ||||||
8 | under either Section 26 or Section 26.2
of this Act by the | ||||||
9 | inter-track wagering licensee on inter-track wagering
| ||||||
10 | shall be allocated with 50% to be split between the
2 | ||||||
11 | participating licensees and 50% to purses, except
that an | ||||||
12 | inter-track wagering licensee that derives its
license | ||||||
13 | from a track located in a county with a population in | ||||||
14 | excess of 230,000
and that borders the Mississippi River | ||||||
15 | shall not divide any remaining
retention with the Illinois | ||||||
16 | organization licensee that provides the race or
races, and | ||||||
17 | an inter-track wagering licensee that accepts wagers on | ||||||
18 | races
conducted by an organization licensee that conducts | ||||||
19 | a race meet in a county
with a population in excess of | ||||||
20 | 230,000 and that borders the Mississippi River
shall not | ||||||
21 | divide any remaining retention with that organization | ||||||
22 | licensee.
| ||||||
23 | (B) From the
sums permitted to be retained pursuant to | ||||||
24 | this Act each inter-track wagering
location licensee shall | ||||||
25 | pay (i) the privilege or pari-mutuel tax to the
State; | ||||||
26 | (ii) 4.75% of the
pari-mutuel handle on inter-track |
| |||||||
| |||||||
1 | wagering at such location on
races as purses, except that
| ||||||
2 | an inter-track wagering location licensee that derives its | ||||||
3 | license from a
track located in a county with a population | ||||||
4 | in excess of 230,000 and that
borders the Mississippi | ||||||
5 | River shall retain all purse moneys for its own purse
| ||||||
6 | account consistent with distribution set forth in this | ||||||
7 | subsection (h), and inter-track
wagering location | ||||||
8 | licensees that accept wagers on races
conducted
by an | ||||||
9 | organization licensee located in a county with a | ||||||
10 | population in excess of
230,000 and that borders the | ||||||
11 | Mississippi River shall distribute all purse
moneys to | ||||||
12 | purses at the operating host track; (iii) until January 1, | ||||||
13 | 2000,
except as
provided in
subsection (g) of Section 27 | ||||||
14 | of this Act, 1% of the
pari-mutuel handle wagered on | ||||||
15 | inter-track wagering and simulcast wagering at
each | ||||||
16 | inter-track wagering
location licensee facility to the | ||||||
17 | Horse Racing Tax Allocation Fund, provided
that, to the | ||||||
18 | extent the total amount collected and distributed to the | ||||||
19 | Horse
Racing Tax Allocation Fund under this subsection (h) | ||||||
20 | during any calendar year
exceeds the amount collected and | ||||||
21 | distributed to the Horse Racing Tax Allocation
Fund during | ||||||
22 | calendar year 1994, that excess amount shall be | ||||||
23 | redistributed (I)
to all inter-track wagering location | ||||||
24 | licensees, based on each licensee's pro rata
share of the | ||||||
25 | total handle from inter-track wagering and simulcast
| ||||||
26 | wagering for all inter-track wagering location licensees |
| |||||||
| |||||||
1 | during the calendar
year in which this provision is | ||||||
2 | applicable; then (II) the amounts redistributed
to each | ||||||
3 | inter-track wagering location licensee as described in | ||||||
4 | subpart (I)
shall be further redistributed as provided in | ||||||
5 | subparagraph (B) of paragraph (5)
of subsection (g) of | ||||||
6 | this Section 26 provided first, that the shares of those
| ||||||
7 | amounts, which are to be redistributed to the host track | ||||||
8 | or to purses at the
host track under subparagraph (B) of | ||||||
9 | paragraph (5) of subsection (g) of this
Section 26 shall | ||||||
10 | be
redistributed based on each host track's pro rata share | ||||||
11 | of the total
inter-track
wagering and simulcast wagering | ||||||
12 | handle at all host tracks during the calendar
year in | ||||||
13 | question, and second, that any amounts redistributed as | ||||||
14 | described in
part (I) to an inter-track wagering location | ||||||
15 | licensee that accepts
wagers on races conducted by an | ||||||
16 | organization licensee that conducts a race meet
in a | ||||||
17 | county with a population in excess of 230,000 and that | ||||||
18 | borders the
Mississippi River shall be further | ||||||
19 | redistributed, effective January 1, 2017, as provided in | ||||||
20 | paragraph (7) of subsection (g) of this Section 26, with | ||||||
21 | the
portion of that
further redistribution allocated to | ||||||
22 | purses at that organization licensee to be
divided between | ||||||
23 | standardbred purses and thoroughbred purses based on the
| ||||||
24 | amounts otherwise allocated to purses at that organization | ||||||
25 | licensee during the
calendar year in question; and (iv) 8% | ||||||
26 | of the pari-mutuel handle on
inter-track wagering wagered |
| |||||||
| |||||||
1 | at
such location to satisfy all costs and expenses of | ||||||
2 | conducting its wagering. The
remainder of the monies | ||||||
3 | retained by the inter-track wagering location licensee
| ||||||
4 | shall be allocated 40% to the location licensee and 60% to | ||||||
5 | the organization
licensee which provides the Illinois | ||||||
6 | races to the location, except that an inter-track
wagering | ||||||
7 | location
licensee that derives its license from a track | ||||||
8 | located in a county with a
population in excess of 230,000 | ||||||
9 | and that borders the Mississippi River shall
not divide | ||||||
10 | any remaining retention with the organization licensee | ||||||
11 | that provides
the race or races and an inter-track | ||||||
12 | wagering location licensee that accepts
wagers on races | ||||||
13 | conducted by an organization licensee that conducts a race | ||||||
14 | meet
in a county with a population in excess of 230,000 and | ||||||
15 | that borders the
Mississippi River shall not divide any | ||||||
16 | remaining retention with the
organization licensee.
| ||||||
17 | Notwithstanding the provisions of clauses (ii) and (iv) of | ||||||
18 | this
paragraph, in the case of the additional inter-track | ||||||
19 | wagering location licenses
authorized under paragraph (1) | ||||||
20 | of this subsection (h) by Public Act 87-110, those | ||||||
21 | licensees shall pay the following amounts as purses:
| ||||||
22 | during the first 12 months the licensee is in operation, | ||||||
23 | 5.25% of
the
pari-mutuel handle wagered at the location on | ||||||
24 | races; during the second 12
months, 5.25%; during the | ||||||
25 | third 12 months, 5.75%;
during
the fourth 12 months,
| ||||||
26 | 6.25%; and during the fifth 12 months and thereafter, |
| |||||||
| |||||||
1 | 6.75%. The
following amounts shall be retained by the | ||||||
2 | licensee to satisfy all costs
and expenses of conducting | ||||||
3 | its wagering: during the first 12 months the
licensee is | ||||||
4 | in operation, 8.25% of the pari-mutuel handle wagered
at | ||||||
5 | the
location; during the second 12 months, 8.25%; during | ||||||
6 | the third 12
months, 7.75%;
during the fourth 12 months, | ||||||
7 | 7.25%; and during the fifth 12 months
and
thereafter, | ||||||
8 | 6.75%.
For additional inter-track wagering location | ||||||
9 | licensees authorized under Public Act 89-16, purses for | ||||||
10 | the first 12 months the licensee is in operation shall
be | ||||||
11 | 5.75% of the pari-mutuel wagered
at the location, purses | ||||||
12 | for the second 12 months the licensee is in operation
| ||||||
13 | shall be 6.25%, and purses
thereafter shall be 6.75%. For | ||||||
14 | additional inter-track location
licensees
authorized under | ||||||
15 | Public Act 89-16, the licensee shall be allowed to retain | ||||||
16 | to satisfy
all costs and expenses: 7.75% of the | ||||||
17 | pari-mutuel handle wagered at
the location
during its | ||||||
18 | first 12 months of operation, 7.25% during its second
12
| ||||||
19 | months of
operation, and 6.75% thereafter.
| ||||||
20 | (C) There is hereby created the Horse Racing Tax | ||||||
21 | Allocation Fund
which shall remain in existence until | ||||||
22 | December 31, 1999. Moneys
remaining in the Fund after | ||||||
23 | December 31, 1999
shall be paid into the
General Revenue | ||||||
24 | Fund. Until January 1, 2000,
all monies paid into the | ||||||
25 | Horse Racing Tax Allocation Fund pursuant to this
| ||||||
26 | paragraph (11) by inter-track wagering location licensees |
| |||||||
| |||||||
1 | located in park
districts of 500,000 population or less, | ||||||
2 | or in a municipality that is not
included within any park | ||||||
3 | district but is included within a conservation
district | ||||||
4 | and is the county seat of a county that (i) is contiguous | ||||||
5 | to the state
of Indiana and (ii) has a 1990 population of | ||||||
6 | 88,257 according to the United
States Bureau of the | ||||||
7 | Census, and operating on May 1, 1994 shall be
allocated by | ||||||
8 | appropriation as follows:
| ||||||
9 | Two-sevenths to the Department of Agriculture. | ||||||
10 | Fifty percent of
this two-sevenths shall be used to | ||||||
11 | promote the Illinois horse racing and
breeding | ||||||
12 | industry, and shall be distributed by the Department | ||||||
13 | of Agriculture
upon the advice of a 9-member committee | ||||||
14 | appointed by the Governor consisting of
the following | ||||||
15 | members: the Director of Agriculture, who shall serve | ||||||
16 | as
chairman; 2 representatives of organization | ||||||
17 | licensees conducting thoroughbred
race meetings in | ||||||
18 | this State, recommended by those licensees; 2 | ||||||
19 | representatives
of organization licensees conducting | ||||||
20 | standardbred race meetings in this State,
recommended | ||||||
21 | by those licensees; a representative of the Illinois
| ||||||
22 | Thoroughbred Breeders and Owners Foundation, | ||||||
23 | recommended by that
Foundation; a representative of | ||||||
24 | the Illinois Standardbred Owners and
Breeders | ||||||
25 | Association, recommended
by that Association; a | ||||||
26 | representative of
the Horsemen's Benevolent and |
| |||||||
| |||||||
1 | Protective Association or any successor
organization | ||||||
2 | thereto established in Illinois comprised of the | ||||||
3 | largest number of
owners and trainers, recommended by | ||||||
4 | that
Association or that successor organization; and a
| ||||||
5 | representative of the Illinois Harness Horsemen's
| ||||||
6 | Association, recommended by that Association. | ||||||
7 | Committee members shall
serve for terms of 2 years, | ||||||
8 | commencing January 1 of each even-numbered
year. If a | ||||||
9 | representative of any of the above-named entities has | ||||||
10 | not been
recommended by January 1 of any even-numbered | ||||||
11 | year, the Governor shall
appoint a committee member to | ||||||
12 | fill that position. Committee members shall
receive no | ||||||
13 | compensation for their services as members but shall | ||||||
14 | be
reimbursed for all actual and necessary expenses | ||||||
15 | and disbursements incurred
in the performance of their | ||||||
16 | official duties. The remaining 50% of this
| ||||||
17 | two-sevenths shall be distributed to county fairs for | ||||||
18 | premiums and
rehabilitation as set forth in the | ||||||
19 | Agricultural Fair Act;
| ||||||
20 | Four-sevenths to park districts or municipalities | ||||||
21 | that do not have a
park district of 500,000 population | ||||||
22 | or less for museum purposes (if an
inter-track | ||||||
23 | wagering location licensee is located in such a park | ||||||
24 | district) or
to conservation districts for museum | ||||||
25 | purposes (if an inter-track wagering
location licensee | ||||||
26 | is located in a municipality that is not included |
| |||||||
| |||||||
1 | within any
park district but is included within a | ||||||
2 | conservation district and is the county
seat of a | ||||||
3 | county that (i) is contiguous to the state of Indiana | ||||||
4 | and (ii) has a
1990 population of 88,257 according to | ||||||
5 | the United States Bureau of the Census,
except that if | ||||||
6 | the conservation district does not maintain a museum, | ||||||
7 | the monies
shall be allocated equally between the | ||||||
8 | county and the municipality in which the
inter-track | ||||||
9 | wagering location licensee is located for general | ||||||
10 | purposes) or to a
municipal recreation board for park | ||||||
11 | purposes (if an inter-track wagering
location licensee | ||||||
12 | is located in a municipality that is not included | ||||||
13 | within any
park district and park maintenance is the | ||||||
14 | function of the municipal recreation
board and the | ||||||
15 | municipality has a 1990 population of 9,302 according | ||||||
16 | to the
United States Bureau of the Census); provided | ||||||
17 | that the monies are distributed
to each park district | ||||||
18 | or conservation district or municipality that does not
| ||||||
19 | have a park district in an amount equal to | ||||||
20 | four-sevenths of the amount
collected by each | ||||||
21 | inter-track wagering location licensee within the park
| ||||||
22 | district or conservation district or municipality for | ||||||
23 | the Fund. Monies that
were paid into the Horse Racing | ||||||
24 | Tax Allocation Fund before August 9, 1991 (the | ||||||
25 | effective date
of Public Act 87-110) by an inter-track | ||||||
26 | wagering location licensee
located in a municipality |
| |||||||
| |||||||
1 | that is not included within any park district but is
| ||||||
2 | included within a conservation district as provided in | ||||||
3 | this paragraph shall, as
soon as practicable after | ||||||
4 | August 9, 1991 (the effective date of Public Act | ||||||
5 | 87-110), be
allocated and paid to that conservation | ||||||
6 | district as provided in this paragraph.
Any park | ||||||
7 | district or municipality not maintaining a museum may | ||||||
8 | deposit the
monies in the corporate fund of the park | ||||||
9 | district or municipality where the
inter-track | ||||||
10 | wagering location is located, to be used for general | ||||||
11 | purposes;
and
| ||||||
12 | One-seventh to the Agricultural Premium Fund to be | ||||||
13 | used for distribution
to agricultural home economics | ||||||
14 | extension councils in accordance with "An
Act in | ||||||
15 | relation to additional support and finances for the | ||||||
16 | Agricultural and
Home Economic Extension Councils in | ||||||
17 | the several counties of this State and
making an | ||||||
18 | appropriation therefor", approved July 24, 1967.
| ||||||
19 | Until January 1, 2000, all other
monies paid into the | ||||||
20 | Horse Racing Tax
Allocation Fund pursuant to
this | ||||||
21 | paragraph (11) shall be allocated by appropriation as | ||||||
22 | follows:
| ||||||
23 | Two-sevenths to the Department of Agriculture. | ||||||
24 | Fifty percent of this
two-sevenths shall be used to | ||||||
25 | promote the Illinois horse racing and breeding
| ||||||
26 | industry, and shall be distributed by the Department |
| |||||||
| |||||||
1 | of Agriculture upon the
advice of a 9-member committee | ||||||
2 | appointed by the Governor consisting of the
following | ||||||
3 | members: the Director of Agriculture, who shall serve | ||||||
4 | as chairman; 2
representatives of organization | ||||||
5 | licensees conducting thoroughbred race meetings
in | ||||||
6 | this State, recommended by those licensees; 2 | ||||||
7 | representatives of
organization licensees conducting | ||||||
8 | standardbred race meetings in this State,
recommended | ||||||
9 | by those licensees; a representative of the Illinois | ||||||
10 | Thoroughbred
Breeders and Owners Foundation, | ||||||
11 | recommended by that Foundation; a
representative of | ||||||
12 | the Illinois Standardbred Owners and Breeders | ||||||
13 | Association,
recommended by that Association; a | ||||||
14 | representative of the Horsemen's Benevolent
and | ||||||
15 | Protective Association or any successor organization | ||||||
16 | thereto established
in Illinois comprised of the | ||||||
17 | largest number of owners and trainers,
recommended by | ||||||
18 | that Association or that successor organization; and a
| ||||||
19 | representative of the Illinois Harness Horsemen's | ||||||
20 | Association, recommended by
that Association. | ||||||
21 | Committee members shall serve for terms of 2 years,
| ||||||
22 | commencing January 1 of each even-numbered year. If a | ||||||
23 | representative of any of
the above-named entities has | ||||||
24 | not been recommended by January 1 of any
even-numbered | ||||||
25 | year, the Governor shall appoint a committee member to | ||||||
26 | fill that
position. Committee members shall receive no |
| |||||||
| |||||||
1 | compensation for their services
as members but shall | ||||||
2 | be reimbursed for all actual and necessary expenses | ||||||
3 | and
disbursements incurred in the performance of their | ||||||
4 | official duties. The
remaining 50% of this | ||||||
5 | two-sevenths shall be distributed to county fairs for
| ||||||
6 | premiums and rehabilitation as set forth in the | ||||||
7 | Agricultural Fair Act;
| ||||||
8 | Four-sevenths to museums and aquariums located in | ||||||
9 | park districts of over
500,000 population; provided | ||||||
10 | that the monies are distributed in accordance with
the | ||||||
11 | previous year's distribution of the maintenance tax | ||||||
12 | for such museums and
aquariums as provided in Section | ||||||
13 | 2 of the Park District Aquarium and Museum
Act; and
| ||||||
14 | One-seventh to the Agricultural Premium Fund to be | ||||||
15 | used for distribution
to agricultural home economics | ||||||
16 | extension councils in accordance with "An Act
in | ||||||
17 | relation to additional support and finances for the | ||||||
18 | Agricultural and
Home Economic Extension Councils in | ||||||
19 | the several counties of this State and
making an | ||||||
20 | appropriation therefor", approved July 24, 1967.
This | ||||||
21 | subparagraph (C) shall be inoperative and of no force | ||||||
22 | and effect on and
after January 1, 2000.
| ||||||
23 | (D) Except as provided in paragraph (11) of this | ||||||
24 | subsection (h),
with respect to purse allocation from | ||||||
25 | inter-track wagering, the monies so
retained shall be | ||||||
26 | divided as follows:
|
| |||||||
| |||||||
1 | (i) If the inter-track wagering licensee, | ||||||
2 | except an inter-track
wagering licensee that | ||||||
3 | derives its license from an organization
licensee | ||||||
4 | located in a county with a population in excess of | ||||||
5 | 230,000 and bounded
by the Mississippi River, is | ||||||
6 | not conducting its own
race meeting during the | ||||||
7 | same dates, then the entire purse allocation shall | ||||||
8 | be
to purses at the track where the races wagered | ||||||
9 | on are being conducted.
| ||||||
10 | (ii) If the inter-track wagering licensee, | ||||||
11 | except an inter-track
wagering licensee that | ||||||
12 | derives its license from an organization
licensee | ||||||
13 | located in a county with a population in excess of | ||||||
14 | 230,000 and bounded
by the Mississippi River, is | ||||||
15 | also
conducting its own
race meeting during the | ||||||
16 | same dates, then the purse allocation shall be as
| ||||||
17 | follows: 50% to purses at the track where the | ||||||
18 | races wagered on are
being conducted; 50% to | ||||||
19 | purses at the track where the inter-track
wagering | ||||||
20 | licensee is accepting such wagers.
| ||||||
21 | (iii) If the inter-track wagering is being | ||||||
22 | conducted by an inter-track
wagering location | ||||||
23 | licensee, except an inter-track wagering location | ||||||
24 | licensee
that derives its license from an | ||||||
25 | organization licensee located in a
county with a | ||||||
26 | population in excess of 230,000 and bounded by the |
| |||||||
| |||||||
1 | Mississippi
River, the entire purse allocation for | ||||||
2 | Illinois races shall
be to purses at the track | ||||||
3 | where the race meeting being wagered on is being
| ||||||
4 | held.
| ||||||
5 | (12) The Board shall have all powers necessary and | ||||||
6 | proper to fully
supervise and control the conduct of
| ||||||
7 | inter-track wagering and simulcast
wagering by inter-track | ||||||
8 | wagering licensees and inter-track wagering location
| ||||||
9 | licensees, including, but not
limited to , the following:
| ||||||
10 | (A) The Board is vested with power to promulgate | ||||||
11 | reasonable rules and
regulations for the purpose of | ||||||
12 | administering the
conduct of this
wagering and to | ||||||
13 | prescribe reasonable rules, regulations and conditions | ||||||
14 | under
which such wagering shall be held and conducted. | ||||||
15 | Such rules and regulations
are to provide for the | ||||||
16 | prevention of practices detrimental to the public
| ||||||
17 | interest and for
the best interests of said wagering | ||||||
18 | and to impose penalties
for violations thereof.
| ||||||
19 | (B) The Board, and any person or persons to whom it | ||||||
20 | delegates this
power, is vested with the power to | ||||||
21 | enter the
facilities of any licensee to determine | ||||||
22 | whether there has been
compliance with the provisions | ||||||
23 | of this Act and the rules and regulations
relating to | ||||||
24 | the conduct of such wagering.
| ||||||
25 | (C) The Board, and any person or persons to whom it | ||||||
26 | delegates this
power, may eject or exclude from any |
| |||||||
| |||||||
1 | licensee's facilities, any person whose
conduct or | ||||||
2 | reputation
is such that his presence on such premises | ||||||
3 | may, in the opinion of the Board,
call into the | ||||||
4 | question the honesty and integrity of, or interfere | ||||||
5 | with the
orderly conduct of such wagering; provided, | ||||||
6 | however, that no person shall
be excluded or ejected | ||||||
7 | from such premises solely on the grounds of race,
| ||||||
8 | color, creed, national origin, ancestry, or sex.
| ||||||
9 | (D) (Blank).
| ||||||
10 | (E) The Board is vested with the power to appoint | ||||||
11 | delegates to execute
any of the powers granted to it | ||||||
12 | under this Section for the purpose of
administering | ||||||
13 | this wagering and any
rules and
regulations
| ||||||
14 | promulgated in accordance with this Act.
| ||||||
15 | (F) The Board shall name and appoint a State | ||||||
16 | director of this wagering
who shall be a | ||||||
17 | representative of the Board and whose
duty it shall
be | ||||||
18 | to supervise the conduct of inter-track wagering as | ||||||
19 | may be provided for
by the rules and regulations of the | ||||||
20 | Board; such rules and regulation shall
specify the | ||||||
21 | method of appointment and the Director's powers, | ||||||
22 | authority and
duties.
| ||||||
23 | (G) The Board is vested with the power to impose | ||||||
24 | civil penalties of up
to $5,000 against individuals | ||||||
25 | and up to $10,000 against
licensees for each violation | ||||||
26 | of any provision of
this Act relating to the conduct of |
| |||||||
| |||||||
1 | this wagering, any
rules adopted
by the Board, any | ||||||
2 | order of the Board or any other action which in the | ||||||
3 | Board's
discretion, is a detriment or impediment to | ||||||
4 | such wagering.
| ||||||
5 | (13) The Department of Agriculture may enter into | ||||||
6 | agreements with
licensees authorizing such licensees to | ||||||
7 | conduct inter-track
wagering on races to be held at the | ||||||
8 | licensed race meetings conducted by the
Department of | ||||||
9 | Agriculture. Such
agreement shall specify the races of the | ||||||
10 | Department of Agriculture's
licensed race meeting upon | ||||||
11 | which the licensees will conduct wagering. In the
event | ||||||
12 | that a licensee
conducts inter-track pari-mutuel wagering | ||||||
13 | on races from the Illinois State Fair
or DuQuoin State | ||||||
14 | Fair which are in addition to the licensee's previously
| ||||||
15 | approved racing program, those races shall be considered a | ||||||
16 | separate racing day
for the
purpose of determining the | ||||||
17 | daily handle and computing the privilege or
pari-mutuel | ||||||
18 | tax on
that daily handle as provided in Sections 27
and | ||||||
19 | 27.1. Such
agreements shall be approved by the Board | ||||||
20 | before such wagering may be
conducted. In determining | ||||||
21 | whether to grant approval, the Board shall give
due | ||||||
22 | consideration to the best interests of the public and of | ||||||
23 | horse racing.
The provisions of paragraphs (1), (8), | ||||||
24 | (8.1), and (8.2) of
subsection (h) of this
Section which | ||||||
25 | are not specified in this paragraph (13) shall not apply | ||||||
26 | to
licensed race meetings conducted by the Department of |
| |||||||
| |||||||
1 | Agriculture at the
Illinois State Fair in Sangamon County | ||||||
2 | or the DuQuoin State Fair in Perry
County, or to any | ||||||
3 | wagering conducted on
those race meetings. | ||||||
4 | (14) An inter-track wagering location license | ||||||
5 | authorized by the Board in 2016 that is owned and operated | ||||||
6 | by a race track in Rock Island County shall be transferred | ||||||
7 | to a commonly owned race track in Cook County on August 12, | ||||||
8 | 2016 (the effective date of Public Act 99-757). The | ||||||
9 | licensee shall retain its status in relation to purse | ||||||
10 | distribution under paragraph (11) of this subsection (h) | ||||||
11 | following the transfer to the new entity. The pari-mutuel | ||||||
12 | tax credit under Section 32.1 shall not be applied toward | ||||||
13 | any pari-mutuel tax obligation of the inter-track wagering | ||||||
14 | location licensee of the license that is transferred under | ||||||
15 | this paragraph (14).
| ||||||
16 | (i) Notwithstanding the other provisions of this Act, the | ||||||
17 | conduct of
wagering at wagering facilities is authorized on | ||||||
18 | all days, except as limited by
subsection (b) of Section 19 of | ||||||
19 | this Act.
| ||||||
20 | (Source: P.A. 100-201, eff. 8-18-17; 100-627, eff. 7-20-18; | ||||||
21 | 100-1152, eff. 12-14-18; 101-31, eff. 6-28-19; 101-52, eff. | ||||||
22 | 7-12-19; 101-81, eff. 7-12-19; 101-109, eff. 7-19-19; revised | ||||||
23 | 9-27-19.)
|