Bill Text: IL SB2885 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Illinois Horse Racing Act of 1975. Provides that the Illinois Racing Board, in lieu of obtaining a court reporter to make accurate transcriptions at each regular and special meeting and proceeding, shall create a verbatim record of each regular and special meeting in the form of an audio or video recording, unless an emergency situation precludes the creation of a transcript or recording. Allows the Board to refuse an occupation license to any person for any other just cause. Requires an applicant for an employment position as a pari-mutuel clerk, parking attendant, or security guard to include in the application whether the applicant has ever been convicted of any theft, fraud, wagering during the course of employment, touting, bookmaking, or any other act which is detrimental to the best interests of racing. Requires a licensee to forward a copy of the application form to the Board prior to extending an offer of employment to an applicant (rather than upon its decision to hire the applicant) and certify that it has checked the applicant's background. Removes language requiring the Board's review of an applicant to include an inquiry. Provides that no organization license may be granted to conduct a horse race meeting to any person who does not, at the time of application for the organization license, have plans certified by a licensed architect and confirmed financing for construction of a race track suitable for the type of racing intended to be held by the applicant and for the accommodation of the public on property that the applicant owns or has a contract or lease for possession of with completion scheduled before the meet applied for begins. Requires an application to conduct a horse race meeting to be delivered with a certified check or bank draft payable to the order of the Board for $10,000 (rather than $1,000). Allows the Board to impose civil penalties of up to $10,000 (rather than $5,000) for individuals and up to $25,000 (rather than $10,000) against licensees for each violation of the Act. Makes conforming and other changes. Effective immediately.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2026-05-22 - Rule 3-9(a) / Re-referred to Assignments [SB2885 Detail]

Download: Illinois-2025-SB2885-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026SB2885 Introduced 1/16/2026, by Sen. Bill Cunningham SYNOPSIS AS INTRODUCED:
See Index
Amends the Illinois Horse Racing Act of 1975. Provides that the Illinois Racing Board, in lieu of obtaining a court reporter to make accurate transcriptions at each regular and special meeting and proceeding, shall create a verbatim record of each regular and special meeting in the form of an audio or video recording, unless an emergency situation precludes the creation of a transcript or recording. Allows the Board to refuse an occupation license to any person for any other just cause. Requires an applicant for an employment position as a pari-mutuel clerk, parking attendant, or security guard to include in the application whether the applicant has ever been convicted of any theft, fraud, wagering during the course of employment, touting, bookmaking, or any other act which is detrimental to the best interests of racing. Requires a licensee to forward a copy of the application form to the Board prior to extending an offer of employment to an applicant (rather than upon its decision to hire the applicant) and certify that it has checked the applicant's background. Removes language requiring the Board's review of an applicant to include an inquiry. Provides that no organization license may be granted to conduct a horse race meeting to any person who does not, at the time of application for the organization license, have plans certified by a licensed architect and confirmed financing for construction of a race track suitable for the type of racing intended to be held by the applicant and for the accommodation of the public on property that the applicant owns or has a contract or lease for possession of with completion scheduled before the meet applied for begins. Requires an application to conduct a horse race meeting to be delivered with a certified check or bank draft payable to the order of the Board for $10,000 (rather than $1,000). Allows the Board to impose civil penalties of up to $10,000 (rather than $5,000) for individuals and up to $25,000 (rather than $10,000) against licensees for each violation of the Act. Makes conforming and other changes. Effective immediately.
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A BILL FOR
SB2885 LRB104 17811 LNS 31244 b
AN ACT concerning gaming.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Horse Racing Act of 1975 is
amended by changing Sections 6, 9, 10, 12, 13, 14, 15, 15.3,
16, 19, 20, 24, 26, 27.2, 31.1, and 40 as follows:
(230 ILCS 5/6) (from Ch. 8, par. 37-6)
Sec. 6. Restrictions on Board members.
(a) No person shall be appointed a member of the Board or
continue to be a member of the Board if the person or any
member of the person's their immediate family is a member of
the Board of Directors, employee, or financially interested in
any of the following: (i) any licensee or other person who has
applied for racing dates to the Board, or the operations
thereof including, but not limited to, concessions, data
processing, track maintenance, track security, and pari-mutuel
operations, located, scheduled or doing business within the
State of Illinois, (ii) any race horse competing at a meeting
under the Board's jurisdiction, or (iii) any licensee under
the Illinois Gambling Act.
(b) No person shall be a member of the Board who is not of
good moral character or who has been convicted of, or is under
indictment for, a felony under the laws of Illinois or any

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other state, or the United States.
(c) No member of the Board or employee shall engage in any
political activity.
For the purposes of this subsection (c):
"Political" means any activity in support of or in
connection with any campaign for State or local elective
office or any political organization, but does not include
activities (i) relating to the support or opposition of any
executive, legislative, or administrative action (as those
terms are defined in Section 2 of the Lobbyist Registration
Act), (ii) relating to collective bargaining, or (iii) that
are otherwise in furtherance of the person's official State
duties or governmental and public service functions.
"Political organization" means a party, committee,
association, fund, or other organization (whether or not
incorporated) that is required to file a statement of
organization with the State Board of Elections or county clerk
under Section 9-3 of the Election Code, but only with regard to
those activities that require filing with the State Board of
Elections or county clerk.
(d) Board members and employees may not engage in
communications or any activity that may cause or have the
appearance of causing a conflict of interest. A conflict of
interest exists if a situation influences or creates the
appearance that it may influence judgment or performance of
regulatory duties and responsibilities. This prohibition shall

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extend to any act identified by Board action that, in the
judgment of the Board, could represent the potential for or
the appearance of a conflict of interest.
(e) Board members and employees may not accept any gift,
gratuity, service, compensation, travel, lodging, or thing of
value, with the exception of unsolicited items of an
incidental nature, from any person, corporation, limited
liability company, or entity doing business with the Board.
(f) A Board member or employee shall not use or attempt to
use the Board member's or employee's his or her official
position to secure, or attempt to secure, any privilege,
advantage, favor, or influence for the Board member or
employee himself or herself or others. No Board member or
employee, within a period of one year immediately preceding
nomination by the Governor or employment, shall have been
employed or received compensation or fees for services from a
person or entity, or its parent or affiliate, that has engaged
in business with the Board, a licensee or a licensee under the
Illinois Gambling Act. In addition, all Board members and
employees are subject to the restrictions set forth in Section
5-45 of the State Officials and Employees Ethics Act.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 5/9) (from Ch. 8, par. 37-9)
Sec. 9. The Board shall have all powers necessary and
proper to fully and effectively execute the provisions of this

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Act, including, but not limited to, the following:
(a) The Board is vested with jurisdiction and supervision
over all race meetings in this State, over all licensees doing
business in this State, over all occupation licensees, and
over all persons on the facilities of any licensee. Such
jurisdiction shall include the power to issue licenses to the
Illinois Department of Agriculture authorizing the pari-mutuel
system of wagering on harness and Quarter Horse races held (1)
at the Illinois State Fair in Sangamon County, and (2) at the
DuQuoin State Fair in Perry County. The jurisdiction of the
Board shall also include the power to issue licenses to county
fairs which are eligible to receive funds pursuant to the
Agricultural Fair Act, as now or hereafter amended, or their
agents, authorizing the pari-mutuel system of wagering on
horse races conducted at the county fairs receiving such
licenses. Such licenses shall be governed by subsection (n) of
this Section.
Upon application, the Board shall issue a license to the
Illinois Department of Agriculture to conduct harness and
Quarter Horse races at the Illinois State Fair and at the
DuQuoin State Fairgrounds during the scheduled dates of each
fair. The Board shall not require and the Department of
Agriculture shall be exempt from the requirements of Sections
15.3, 18 and 19, paragraphs (a)(2), (b), (c), (d), (e), (e-5),
(e-10), (f), (g), and (h) of Section 20, and Sections 21, 24
and 25. The Board and the Department of Agriculture may extend

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any or all of these exemptions to any contractor or agent
engaged by the Department of Agriculture to conduct its race
meetings when the Board determines that this would best serve
the public interest and the interest of horse racing.
Notwithstanding any provision of law to the contrary, it
shall be lawful for any licensee to operate pari-mutuel
wagering or contract with the Department of Agriculture to
operate pari-mutuel wagering at the DuQuoin State Fairgrounds
or for the Department to enter into contracts with a licensee,
employ its owners, employees or agents and employ such other
occupation licensees as the Department deems necessary in
connection with race meetings and wagerings.
(b) The Board is vested with the full power to promulgate
reasonable rules and regulations for the purpose of
administering the provisions of this Act and to prescribe
reasonable rules, regulations and conditions under which all
horse race meetings or wagering in the State shall be
conducted. Such reasonable rules and regulations are to
provide for the prevention of practices detrimental to the
public interest and to promote the best interests of horse
racing and to impose penalties for violations thereof.
(c) The Board, and any person or persons to whom it
delegates this power, is vested with the power to enter the
facilities and other places of business of any licensee to
determine whether there has been compliance with the
provisions of this Act and its rules and regulations.

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(d) The Board, and any person or persons to whom it
delegates this power, is vested with the authority to
investigate alleged violations of the provisions of this Act,
its reasonable rules and regulations, orders and final
decisions; the Board shall take appropriate disciplinary
action against any licensee or occupation licensee for
violation thereof or institute appropriate legal action for
the enforcement thereof.
(e) The Board, and any person or persons to whom it
delegates this power, may eject or exclude from any race
meeting or the facilities of any licensee, or any part
thereof, any occupation licensee or any other individual whose
conduct or reputation is such that the individual's his
presence on those facilities may, in the opinion of the Board,
call into question the honesty and integrity of horse racing
or wagering or interfere with the orderly conduct of horse
racing or wagering; provided, however, that no person shall be
excluded or ejected from the facilities of any licensee solely
on the grounds of race, color, creed, national origin,
ancestry, or sex. The power to eject or exclude an occupation
licensee or other individual may be exercised for just cause
by the licensee or the Board, subject to subsequent hearing by
the Board as to the propriety of said exclusion.
(f) The Board is vested with the power to acquire,
establish, maintain and operate (or provide by contract to
maintain and operate) testing laboratories and related

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facilities, for the purpose of conducting saliva, blood, urine
and other tests on the horses run or to be run in any horse
race meeting, including races run at county fairs, and to
purchase all equipment and supplies deemed necessary or
desirable in connection with any such testing laboratories and
related facilities and all such tests.
(g) The Board may require that the records, including
financial or other statements of any licensee or any person
affiliated with the licensee who is involved directly or
indirectly in the activities of any licensee as regulated
under this Act to the extent that those financial or other
statements relate to such activities be kept in such manner as
prescribed by the Board, and that Board employees shall have
access to those records during reasonable business hours.
Within 120 days of the end of its fiscal year, each licensee
shall transmit to the Board an audit of the financial
transactions and condition of the licensee's total operations.
All audits shall be conducted by certified public accountants.
Each certified public accountant must be registered in the
State of Illinois under the Illinois Public Accounting Act.
The compensation for each certified public accountant shall be
paid directly by the licensee to the certified public
accountant. A licensee shall also submit any other financial
or related information the Board deems necessary to
effectively administer this Act and all rules, regulations,
and final decisions promulgated under this Act.

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(h) The Board shall name and appoint in the manner
provided by the rules and regulations of the Board: an
Executive Director; a State director of mutuels; State
veterinarians and representatives to take saliva, blood, urine
and other tests on horses; licensing personnel; revenue
inspectors; and State seasonal employees (excluding admission
ticket sellers and mutuel clerks). All of those named and
appointed as provided in this subsection shall serve during
the pleasure of the Board; their compensation shall be
determined by the Board and be paid in the same manner as other
employees of the Board under this Act.
(i) The Board shall require that there shall be 3 stewards
at each horse race meeting, at least 2 of whom shall be named
and appointed by the Board. Stewards appointed or approved by
the Board, while performing duties required by this Act or by
the Board, shall be entitled to the same rights and immunities
as granted to Board members and Board employees in Section 10
of this Act.
(j) The Board may discharge any Board employee who fails
or refuses for any reason to comply with the rules and
regulations of the Board, or who, in the opinion of the Board,
is guilty of fraud, dishonesty or who is proven to be
incompetent. The Board shall have no right or power to
determine who shall be officers, directors or employees of any
licensee, or their salaries except as outlined in Sections
15.2 and 15.3. The the Board may, by rule, require that all or

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any officials or employees in charge of or whose duties relate
to the actual running of races be approved by the Board.
(k) The Board is vested with the power to appoint
delegates to execute any of the powers granted to it under this
Section for the purpose of administering this Act and any
rules or regulations promulgated in accordance with this Act.
(l) The Board is vested with the power to impose civil
penalties of up to $5,000 against an individual and up to
$10,000 against a licensee for each violation of any provision
of this Act, any rules adopted by the Board, any order of the
Board or any other action which, in the Board's discretion, is
a detriment or impediment to horse racing or wagering.
Beginning on the date when any organization licensee begins
conducting gaming pursuant to an organization gaming license
issued under the Illinois Gambling Act, the power granted to
the Board pursuant to this subsection (l) shall authorize the
Board to impose penalties of up to $10,000 against an
individual and up to $25,000 against a licensee. All such
civil penalties shall be deposited into the Horse Racing Fund.
(m) The Board is vested with the power to prescribe a form
to be used by licensees as an application for employment for
employees of each licensee.
(n) The Board shall have the power to issue a license to
any county fair, or its agent, authorizing the conduct of the
pari-mutuel system of wagering. The Board is vested with the
full power to promulgate reasonable rules, regulations and

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conditions under which all horse race meetings licensed
pursuant to this subsection shall be held and conducted,
including rules, regulations and conditions for the conduct of
the pari-mutuel system of wagering. The rules, regulations"
and conditions shall provide for the prevention of practices
detrimental to the public interest and for the best interests
of horse racing, and shall prescribe penalties for violations
thereof. Any authority granted the Board under this Act shall
extend to its jurisdiction and supervision over county fairs,
or their agents, licensed pursuant to this subsection.
However, the Board may waive any provision of this Act or its
rules or regulations which would otherwise apply to such
county fairs or their agents.
(o) Whenever the Board is authorized or required by law to
consider some aspect of criminal history record information
for the purpose of carrying out its statutory powers and
responsibilities, then, upon request and payment of fees in
conformance with the requirements of Section 2605-400 of the
Illinois State Police Law, the Illinois State Police is
authorized to furnish, pursuant to positive identification,
such information contained in State files as is necessary to
fulfill the request.
(p) To insure the convenience, comfort, and wagering
accessibility of race track patrons, to provide for the
maximization of State revenue, and to generate increases in
purse allotments to the horsemen, the Board shall require any

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licensee to staff the pari-mutuel department with adequate
personnel.
(Source: P.A. 101-31, eff. 6-28-19; 102-538, eff. 8-20-21.)
(230 ILCS 5/10) (from Ch. 8, par. 37-10)
Sec. 10. Any Board member or Board employee who is subject
to any civil action arising from any act executed by a Board
member or the Board employee him while serving as a Board
member or Board employee shall be represented by the Attorney
General. All costs of defending such law suit and satisfaction
of any judgment rendered against a Board member or Board
employee shall be incurred by the Board. Any Board member or
Board employee is entitled to the benefit of this Section
provided the act was committed in good faith.
(Source: P.A. 79-1185.)
(230 ILCS 5/12) (from Ch. 8, par. 37-12)
Sec. 12. (a) Board members shall employ under the
"Personnel Code", as now or hereafter amended, such
representatives, accountants, clerks, stenographers,
inspectors, and other employees as may be necessary. No person
shall be appointed or hold any office or position under the
Board who, or any member of whose family, is:
(1) an official of, or has any financial or ownership
interest in any licensee or occupation licensee engaged in
conducting racing within this State, or,

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(2) an owner, trainer, jockey, or harness driver of a
horse competing at a race meeting under the jurisdiction
of the Board.
(b) Any employee violating the prohibitions set forth in
subsection (a) of this Section shall be subject to the
termination of the employee's his or her employment. If the
Board determines that an employee is in violation of
subsection (a) of this Section and should be discharged, it
must observe the procedures outlined in the "Personnel Code",
as now or hereafter amended, as they apply to discharge
proceedings.
(c) No person employed by the Board during the 12 months
preceding the effective date of this Act shall be terminated
from employment due to a violation of the prohibitions set
forth in subsection (a) of this Section.
(Source: P.A. 89-16, eff. 5-30-95.)
(230 ILCS 5/13) (from Ch. 8, par. 37-13)
Sec. 13. The executive director shall perform any and all
duties that the Board shall assign the executive director him.
The salary of the executive director shall be determined by
the Board and, in addition, the executive director he shall be
reimbursed for all actual and necessary expenses incurred by
the executive director him in discharge of the executive
director's his official duties. The executive director shall
keep records of all proceedings of the Board and shall

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preserve all records, books, documents and other papers
belonging to the Board or entrusted to its care. The executive
director shall devote the executive director's his full time
to the duties of the office and shall not hold any other office
or employment.
(Source: P.A. 84-531.)
(230 ILCS 5/14) (from Ch. 8, par. 37-14)
Sec. 14. (a) The Board shall hold regular and special
meetings at such times and places as may be necessary to
perform properly and effectively all duties required under
this Act. A majority of the members of the Board shall
constitute a quorum for the transaction of any business, for
the performance of any duty, or for the exercise of any power
which this Act requires the Board members to transact, perform
or exercise en banc, except that upon order of the Board one of
the Board members may conduct the hearing provided in Section
16. The Board member conducting such hearing shall have all
powers and rights granted to the Board in this Act. The record
made at the hearing shall be reviewed by the Board, or a
majority thereof, and the findings and decision of the
majority of the Board shall constitute the order of the Board
in such case.
(b) The Board shall obtain a court reporter who will be
present at each regular and special meeting and proceeding to
and who shall make accurate transcriptions thereof or the

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Board shall create a verbatim record of each regular and
special meeting in the form of an audio or video recording,
unless, except that when in the judgment of the Board, an
emergency situation precludes the creation of such transcript
or recording; in which case, requires a meeting by
teleconference, the executive director shall prepare minutes
of the meeting indicating the date and time of the meeting and
which members of the Board were present or absent, summarizing
all matters proposed, deliberated, or decided at the meeting,
and indicating the results of all votes taken. The public
shall be allowed to listen to the proceedings of that meeting
at all Board branch offices.
(c) The Board shall provide records which are separate and
distinct from the records of any other State board or
commission. Such records shall be available for public
inspection and shall accurately reflect all Board proceedings.
(d) The Board shall file a written annual report with the
Governor on or before March 1 each year and such additional
reports as the Governor may request. The annual report shall
include a statement of receipts and disbursements by the
Board, actions taken by the Board, a report on the industry's
progress toward the policy objectives established in Section
1.2 of this Act, and any additional information and
recommendations which the Board may deem valuable or which the
Governor may request.
(e) The Board shall maintain a branch office on the ground

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of every organization licensee during the organization
licensee's race meeting, which office shall be kept open
throughout the time the race meeting is held. The Board shall
designate one of its members, or an authorized agent of the
Board who shall have the authority to act for the Board, to be
in charge of the branch office during the time it is required
to be kept open.
(Source: P.A. 91-40, eff. 6-25-99.)
(230 ILCS 5/15) (from Ch. 8, par. 37-15)
Sec. 15. (a) The Board shall, in its discretion, issue
occupation licenses to horse owners, trainers, harness
drivers, jockeys, agents, apprentices, grooms, stable foremen,
exercise persons, veterinarians, valets, blacksmiths,
concessionaires and others designated by the Board whose work,
in whole or in part, is conducted upon facilities within the
State. Such occupation licenses will be obtained prior to the
persons engaging in their vocation upon such facilities. The
Board shall not license pari-mutuel clerks, parking
attendants, security guards and employees of concessionaires.
No occupation license shall be required of any person who
works at facilities within this State as a pari-mutuel clerk,
parking attendant, security guard or as an employee of a
concessionaire. Concessionaires of the Illinois State Fair and
DuQuoin State Fair and employees of the Illinois Department of
Agriculture shall not be required to obtain an occupation

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license by the Board.
(b) Each application for an occupation license shall be on
forms prescribed by the Board. Such license, when issued,
shall be for the period ending December 31 of each year, except
that the Board in its discretion may grant 3-year licenses.
The application shall be accompanied by a fee of not more than
$25 per year or, in the case of 3-year occupation license
applications, a fee of not more than $60. Each applicant shall
set forth in the application the applicant's his full name and
address, and if the applicant he had been issued prior
occupation licenses or has been licensed in any other state
under any other name, such name, the applicant's his age,
whether or not a permit or license issued to the applicant him
in any other state has been suspended or revoked and if so
whether such suspension or revocation is in effect at the time
of the application, and such other information as the Board
may require. Fees for registration of stable names shall not
exceed $50.00. Beginning on the date when any organization
licensee begins conducting gaming pursuant to an organization
gaming license issued under the Illinois Gambling Act, the fee
for registration of stable names shall not exceed $150, and
the application fee for an occupation license shall not exceed
$75, per year or, in the case of a 3-year occupation license
application, the fee shall not exceed $180.
(c) The Board may in its discretion refuse an occupation
license to any person:

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(1) who has been convicted of a crime;
(2) who is unqualified to perform the duties required
of such applicant;
(3) who fails to disclose or states falsely any
information called for in the application;
(4) who has been found guilty of a violation of this
Act or of the rules and regulations of the Board; or
(5) whose license or permit has been suspended,
revoked or denied for just cause in any other
jurisdiction; or state.
(6) for any other just cause.
(d) The Board may suspend or revoke any occupation
license:
(1) for violation of any of the provisions of this
Act; or
(2) for violation of any of the rules or regulations
of the Board; or
(3) for any cause which, if known to the Board, would
have justified the Board in refusing to issue such
occupation license; or
(4) for any other just cause.
(e) Each applicant shall submit the applicant's his or
her fingerprints to the Illinois State Police in the form and
manner prescribed by the Illinois State Police. These
fingerprints shall be checked against the fingerprint records
now and hereafter filed in the Illinois State Police and

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Federal Bureau of Investigation criminal history records
databases. The Illinois State Police shall charge a fee for
conducting the criminal history records check, which shall be
deposited in the State Police Services Fund and shall not
exceed the actual cost of the records check. The Illinois
State Police shall furnish, pursuant to positive
identification, records of conviction to the Board. Each
applicant for licensure shall submit with the applicant's his
occupation license application, on forms provided by the
Board, 2 sets of the applicant's his fingerprints. All such
applicants shall appear in person at the location designated
by the Board for the purpose of submitting such sets of
fingerprints; however, with the prior approval of a State
steward, an applicant may have such sets of fingerprints taken
by an official law enforcement agency and submitted to the
Board.
(f) The Board may, in its discretion, issue an occupation
license without submission of fingerprints if an applicant has
been duly licensed in another recognized racing jurisdiction
after submitting fingerprints that were subjected to a Federal
Bureau of Investigation criminal history background check in
that jurisdiction.
(g) Beginning on the date when any organization licensee
begins conducting gaming pursuant to an organization gaming
license issued under the Illinois Gambling Act, the Board may
charge each applicant a reasonable nonrefundable fee to defray

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the costs associated with the background investigation
conducted by the Board. This fee shall be exclusive of any
other fee or fees charged in connection with an application
for and, if applicable, the issuance of, an organization
gaming license. If the costs of the investigation exceed the
amount of the fee charged, the Board shall immediately notify
the applicant of the additional amount owed, payment of which
must be submitted to the Board within 7 days after such
notification. All information, records, interviews, reports,
statements, memoranda, or other data supplied to or used by
the Board in the course of its review or investigation of an
applicant for a license or renewal under this Act shall be
privileged, strictly confidential, and shall be used only for
the purpose of evaluating an applicant for a license or a
renewal. Such information, records, interviews, reports,
statements, memoranda, or other data shall not be admissible
as evidence, nor discoverable, in any action of any kind in any
court or before any tribunal, board, agency, or person, except
for any action deemed necessary by the Board.
(Source: P.A. 101-31, eff. 6-28-19; 102-538, eff. 8-20-21.)
(230 ILCS 5/15.3) (from Ch. 8, par. 37-15.3)
Sec. 15.3. Any person who makes application for an
employment position as a pari-mutuel clerk, parking attendant
or security guard with a licensee, where such position would
involve work conducted in whole or in part at a wagering

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facility within this State shall be required to fill out an
employment application form prescribed by the Illinois Racing
Board. Such application form shall require the applicant to
state the following:
(a) whether the applicant has ever been convicted of a
felony offense under the laws of this State, the laws of any
other state, or the laws of the United States;
(b) whether the applicant has ever been convicted of a
misdemeanor offense under the laws of this State, the laws of
any other state, or the laws of the United States, which
offense involved dishonesty, fraud, deception, or moral
turpitude, or any of the acts prohibited in Section 15.2;
(c) whether the applicant has ever been excluded by the
Board or any other jurisdiction where wagering is conducted;
(d) whether the applicant has ever committed an act of
touting, bookmaking, theft, or fraud, as those terms are
defined in Section 15.2 of this Act; and
(e) any other information that the Board may deem
necessary to carry out the purposes of Public Act 84-1468.
The applicant shall sign the application form and certify
that, under the penalties of perjury of this State, the
statements set forth in the application form are true and
correct.
The licensee shall, prior to extending an offer of
employment to the applicant upon its decision to hire the
applicant, forward a copy of the application form to the Board

SB2885 - 21 - LRB104 17811 LNS 31244 b
and certify that it has checked the applicant's background and
it is clear of the acts prohibited in Section 15.2. The Board
shall review the application form and certification within 5
business days of receipt immediately upon receipt.
If The Board's review of the application form shall
include an inquiry as to whether the applicant has been
accused of any of the acts prohibited under Section 15.2 of
this Act and, if the Board finds does find that the applicant
has been so accused of an act prohibited in Section 15.2, it
shall conduct an investigation to determine whether, by a
standard of reasonable certainty, the applicant committed the
act. If the Board determines that the applicant did commit any
of the acts prohibited under that Section, it may exclude the
applicant or declare that the applicant is ineligible for
employment.
The Board may declare an applicant ineligible for
employment if it finds that the applicant has been previously
excluded by the Board. In making such a declaration, the Board
shall consider: (a) the reasons the applicant had been
previously excluded; (b) the period of time that has elapsed
since the applicant was excluded; and (c) how the previous
exclusion relates to the applicant's ability to perform the
duties of the employment position for which he or she is
applying.
When the Board excludes an applicant or declares an
applicant ineligible for employment, it shall immediately

SB2885 - 22 - LRB104 17811 LNS 31244 b
notify such applicant and the licensee of its action. A person
so excluded or declared ineligible for employment may request
a hearing before the Board in accordance with Section 16 of
this Act.
No licensee may employ a pari-mutuel clerk, parking
attendant or security guard at a wagering facility after such
licensee has been notified that such person has been declared
ineligible by the Board.
Nothing herein shall be construed to limit the Board's
exclusionary authority under Section 16.
Sections 15.2 and 15.3 of this Act shall apply to any
person who holds an employment position as a pari-mutuel
clerk, parking attendant, or security guard subsequent to July
1, 1987 with a licensee. All such employees employed prior to
July 1, 1987 shall be required to file employment applications
with the Board, and the information required under
subparagraphs (a) through (e) of this Section pertaining to
conduct or activities prior to July 1, 1987 shall only be used
by the Board in its determination to exclude an applicant or
its declaration that an applicant is ineligible for employment
based on conduct that occurs after July 1, 1987.
(Source: P.A. 89-16, eff. 5-30-95.)
(230 ILCS 5/16) (from Ch. 8, par. 37-16)
Sec. 16. (a) The Board shall, in accordance with Section
15, have the power to revoke or suspend an occupation license,

SB2885 - 23 - LRB104 17811 LNS 31244 b
and the steward or judges at a race meeting shall have the
power to suspend an occupation license of any horse owner,
trainer, harness driver, jockey, agent, apprentice, groom,
stable foreman, exercise boy, veterinarian, valet, blacksmith
or concessionaire whose work, in whole or in part, is
conducted at facilities within the State, or to determine the
eligibility for employment at a wagering facility of a
pari-mutuel clerk, parking attendant or security guard. The
Illinois Administrative Procedure Act shall not apply to the
actions of the Board or of the stewards or judges at a race
meeting, and those actions shall instead be subject to the
procedures outlined in subsections (b) through (e) of this
Section.
The Board may refuse to issue or may suspend the
occupation license of any person who fails to file a return, or
to pay the tax, penalty or interest shown in a filed return, or
to pay any final assessment of tax, penalty or interest, as
required by any tax Act administered by the Illinois
Department of Revenue, until such time as the requirements of
any such tax Act are satisfied.
(b) In the event the Board, for violation of the
provisions of this Act or the rules and regulations of the
Board or other just cause, refuses, revokes or suspends an
occupation license, or a steward or the judges at any race
meeting suspend an occupation license of any horse owner,
trainer, harness driver, jockey, agent, apprentice, groom,

SB2885 - 24 - LRB104 17811 LNS 31244 b
stable foreman, exercise person, veterinarian, valet,
blacksmith, concessionaire or other occupation licensee whose
work, in whole or in part is conducted at facilities within the
State and owned by a licensee, or declare a person ineligible
for employment, then the occupation license of the person or
his eligibility for employment shall be suspended pending a
hearing of the Board.
(c) The person affected by such action at any race meeting
may request a hearing before the Board within 5 regular
business days after receipt of notice of the suspension from
the Board, the steward or the judges at any race meeting. The
hearing shall be held by the Board within 7 regular business
days after such request has been received by the Board. Any
action of a steward or the judges with respect to any
occupation license or eligibility for employment may be heard
by the Board on its own motion by giving the aggrieved party at
least 3 days' notice in writing of the time and place of the
hearing.
(d) All hearings by the Board under this Section shall be
held at such place in the State as the Board may designate and
any notice provided for shall be served by mailing it postage
prepaid by certified mail to the parties affected. Any such
notice so mailed is deemed to have been served on the business
day next following the date of such mailing.
(e) The Board in conducting such hearings shall not be
bound by technical rules of evidence, but all evidence offered

SB2885 - 25 - LRB104 17811 LNS 31244 b
before the Board shall be reduced to writing and shall, with
petition and exhibits, if any, and the findings of the Board,
be permanently preserved and constitute the record of the
Board in such case. The Board may require that appellants bear
reasonable costs of the production of hearing transcripts. Any
of the parties affected in such hearing may be represented by
counsel and introduce evidence. At the request of the Board,
the Attorney General shall assist and participate in the
conduct of such hearing.
(f) Every member of the Board has the power to administer
oaths and affirmations, certify all official acts, issue
subpoenas, compel the attendance and testimony of witnesses
and the production of papers, books, accounts, and documents.
(g) Any person who is served with a subpoena (issued by the
Board or any member thereof) to appear and testify, or to
produce books, papers, accounts or documents in the course of
an inquiry or hearing conducted under this Act, and who
refuses or neglects to appear or to testify or to produce
books, papers, accounts and documents relative to the hearings
as commanded in such subpoenas, may be punished by the Circuit
Court in the county where the violation is committed in the
same manner as the Circuit Court may punish such refusal or
neglect in a case filed in court.
(h) In case of disobedience to a subpoena, the Board may
petition the Circuit Court in the county where the violation
was committed for an order requiring the attendance and

SB2885 - 26 - LRB104 17811 LNS 31244 b
testimony of witnesses or the production of documentary
evidence or both. A copy of such petition shall be served by
personal notice or by registered or certified mail upon the
person who has failed to obey that subpoena, and such person
shall be advised in writing that a hearing upon the petition
will be requested in a court room to be designated in that
notice before the judge occupying the courtroom on a specified
date and at a specified time.
(i) The court, upon the filing of such a petition, may
order the person refusing to obey the subpoena to appear
before the Board at a designated time, or to there produce
documentary evidence, if so ordered, or to give evidence
relating to the subject matter of the hearing. Any failure to
obey such order of the Circuit Court may be punished by that
court as a civil or criminal contempt upon itself.
(j) The Board, any member thereof or any applicant may, in
connection with any hearing before the Board, cause the
deposition of witnesses within or without the State to be
taken on oral or written interrogatories in the manner
prescribed for depositions in the courts of this State.
(k) At the conclusion of such hearing, the Board shall
make its findings which shall be the basis of the refusal,
suspension or revocation of the occupation license or other
action taken by the Board. Such findings and the action of the
Board shall be final. However, the action of the Board and the
propriety thereof are subject to review under Section 46.

SB2885 - 27 - LRB104 17811 LNS 31244 b
(Source: P.A. 89-16, eff. 5-30-95.)
(230 ILCS 5/19) (from Ch. 8, par. 37-19)
Sec. 19. (a) No organization license may be granted to
conduct a horse race meeting:
(1) except as provided in subsection (c) of Section 21
of this Act, to any person at any place within 35 miles of
any other place licensed by the Board to hold a race
meeting on the same date during the same hours, the
mileage measurement used in this subsection (a) shall be
certified to the Board by the Bureau of Systems and
Services in the Illinois Department of Transportation as
the most commonly used public way of vehicular travel;
(2) to any person in default in the payment of any
obligation or debt due the State under this Act, provided
no applicant shall be deemed in default in the payment of
any obligation or debt due to the State under this Act as
long as there is pending a hearing of any kind relevant to
such matter;
(3) to any person who has been convicted of the
violation of any law of the United States or any State law
which provided as all or part of its penalty imprisonment
in any penal institution; to any person against whom there
is pending a Federal or State criminal charge; to any
person who is or has been connected with or engaged in the
operation of any illegal business; to any person who does

SB2885 - 28 - LRB104 17811 LNS 31244 b
not enjoy a general reputation in the person's his
community of being an honest, upright, law-abiding person;
provided that none of the matters set forth in this
subparagraph (3) shall make any person ineligible to be
granted an organization license if the Board determines,
based on circumstances of any such case, that the granting
of a license would not be detrimental to the interests of
horse racing and of the public;
(4) to any person who does not at the time of
application for the organization license own or have a
contract or lease for the possession of a finished race
track suitable for the type of racing intended to be held
by the applicant and for the accommodation of the public
or have plans certified by a licensed architect and
confirmed financing for construction of a race track
suitable for the type of racing intended to be held by the
applicant and for the accommodation of the public on
property that the applicant owns or has a contract or
lease for possession of with completion scheduled before
the meet applied for begins.
(b) (Blank).
(c) If any person is ineligible to receive an organization
license because of any of the matters set forth in subsection
(a) (2) or subsection (a) (3) of this Section, any other or
separate person that either (i) controls, directly or
indirectly, such ineligible person or (ii) is controlled,

SB2885 - 29 - LRB104 17811 LNS 31244 b
directly or indirectly, by such ineligible person or by a
person which controls, directly or indirectly, such ineligible
person shall also be ineligible.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 5/20) (from Ch. 8, par. 37-20)
Sec. 20. (a) Any person desiring to conduct a horse race
meeting may apply to the Board for an organization license.
The application shall be made on a form prescribed and
furnished by the Board. The application shall specify:
(1) the dates on which it intends to conduct the horse
race meeting, which dates shall be provided under Section
21;
(2) the hours of each racing day between which it
intends to hold or conduct horse racing at such meeting;
(3) the location where it proposes to conduct the
meeting; and
(4) any other information the Board may reasonably
require.
(b) A separate application for an organization license
shall be filed for each horse race meeting which such person
proposes to hold. Any such application, if made by an
individual, or by any individual as trustee, shall be signed
and verified under oath by such individual. If the application
is made by individuals, then it shall be signed and verified
under oath by at least 2 of the individuals; if the application

SB2885 - 30 - LRB104 17811 LNS 31244 b
is made by a partnership, an association, a corporation, a
corporate trustee, a limited liability company, or any other
entity, it shall be signed by an authorized officer, a
partner, a member, or a manager, as the case may be, of the
entity.
(c) The application shall specify:
(1) the name of the persons, association, trust, or
corporation making such application;
(2) the principal address of the applicant;
(3) if the applicant is a trustee, the names and
addresses of the beneficiaries; if the applicant is a
corporation, the names and addresses of all officers,
stockholders and directors; or if such stockholders hold
stock as a nominee or fiduciary, the names and addresses
of the parties who are the beneficial owners thereof or
who are beneficially interested therein; if the applicant
is a partnership, the names and addresses of all partners,
general or limited; if the applicant is a limited
liability company, the names and addresses of the manager
and members; and if the applicant is any other entity, the
names and addresses of all officers or other authorized
persons of the entity.
(d) The applicant shall execute and file with the Board a
good faith affirmative action plan to recruit, train, and
upgrade minorities in all classifications within the
association.

SB2885 - 31 - LRB104 17811 LNS 31244 b
(e) With such application there shall be delivered to the
Board a certified check or bank draft payable to the order of
the Board for an amount equal to $10,000 $1,000. All
applications for the issuance of an organization license shall
be filed with the Board before August 1 of the year prior to
the year for which application is made and shall be acted upon
by the Board at a meeting to be held on such date as shall be
fixed by the Board during the last 15 days of September of such
prior year. At such meeting, the Board shall announce the
award of the racing meets, live racing schedule, and
designation of host track to the applicants and its approval
or disapproval of each application. No announcement shall be
considered binding until a formal order is executed by the
Board, which shall be executed no later than October 15 of that
prior year. Absent the agreement of the affected organization
licensees, the Board shall not grant overlapping race meetings
to 2 or more tracks that are within 100 miles of each other to
conduct the thoroughbred racing.
(e-1) The Board shall award standardbred racing dates to
organization licensees with an organization gaming license
pursuant to the following schedule:
(1) For the first calendar year of operation of
gambling games by an organization gaming licensee under
this amendatory Act of the 101st General Assembly, when a
single entity requests standardbred racing dates, the
Board shall award no fewer than 100 days of racing. The

SB2885 - 32 - LRB104 17811 LNS 31244 b
100-day requirement may be reduced to no fewer than 80
days if no dates are requested for the first 3 months of a
calendar year. If more than one entity requests
standardbred racing dates, the Board shall award no fewer
than 140 days of racing between the applicants.
(2) For the second calendar year of operation of
gambling games by an organization gaming licensee under
this amendatory Act of the 101st General Assembly, when a
single entity requests standardbred racing dates, the
Board shall award no fewer than 100 days of racing. The
100-day requirement may be reduced to no fewer than 80
days if no dates are requested for the first 3 months of a
calendar year. If more than one entity requests
standardbred racing dates, the Board shall award no fewer
than 160 days of racing between the applicants.
(3) For the third calendar year of operation of
gambling games by an organization gaming licensee under
this amendatory Act of the 101st General Assembly, and
each calendar year thereafter, when a single entity
requests standardbred racing dates, the Board shall award
no fewer than 120 days of racing. The 120-day requirement
may be reduced to no fewer than 100 days if no dates are
requested for the first 3 months of a calendar year. If
more than one entity requests standardbred racing dates,
the Board shall award no fewer than 200 days of racing
between the applicants.

SB2885 - 33 - LRB104 17811 LNS 31244 b
An organization licensee shall apply for racing dates
pursuant to this subsection (e-1). In awarding racing dates
under this subsection (e-1), the Board shall have the
discretion to allocate those standardbred racing dates among
these organization licensees.
(e-2) The Board shall award thoroughbred racing days to
Cook County organization licensees pursuant to the following
schedule:
(1) During the first year in which only one
organization licensee is awarded an organization gaming
license, the Board shall award no fewer than 110 days of
racing.
During the second year in which only one organization
licensee is awarded an organization gaming license, the
Board shall award no fewer than 115 racing days.
During the third year and every year thereafter, in
which only one organization licensee is awarded an
organization gaming license, the Board shall award no
fewer than 120 racing days.
(2) During the first year in which 2 organization
licensees are awarded an organization gaming license, the
Board shall award no fewer than 139 total racing days.
During the second year in which 2 organization
licensees are awarded an organization gaming license, the
Board shall award no fewer than 160 total racing days.
During the third year and every year thereafter in

SB2885 - 34 - LRB104 17811 LNS 31244 b
which 2 organization licensees are awarded an organization
gaming license, the Board shall award no fewer than 174
total racing days.
A Cook County organization licensee shall apply for racing
dates pursuant to this subsection (e-2). In awarding racing
dates under this subsection (e-2), the Board shall have the
discretion to allocate those thoroughbred racing dates among
these Cook County organization licensees.
(e-3) In awarding racing dates for calendar year 2020 and
thereafter in connection with a racetrack in Madison County,
the Board shall award racing dates and such organization
licensee shall run at least 700 thoroughbred races at the
racetrack in Madison County each year.
Notwithstanding Section 7.7 of the Illinois Gambling Act
or any provision of this Act other than subsection (e-4.5),
for each calendar year for which an organization gaming
licensee located in Madison County requests racing dates
resulting in less than 700 live thoroughbred races at its
racetrack facility, the organization gaming licensee may not
conduct gaming pursuant to an organization gaming license
issued under the Illinois Gambling Act for the calendar year
of such requested live races.
(e-4) Notwithstanding the provisions of Section 7.7 of the
Illinois Gambling Act or any provision of this Act other than
subsections (e-3) and (e-4.5), for each calendar year for
which an organization gaming licensee requests thoroughbred

SB2885 - 35 - LRB104 17811 LNS 31244 b
racing dates which results in a number of live races under its
organization license that is less than the total number of
live races which it conducted in 2017 at its racetrack
facility, the organization gaming licensee may not conduct
gaming pursuant to its organization gaming license for the
calendar year of such requested live races.
(e-4.1) Notwithstanding the provisions of Section 7.7 of
the Illinois Gambling Act or any provision of this Act other
than subsections (e-3) and (e-4.5), for each calendar year for
which an organization licensee requests racing dates for
standardbred racing which results in a number of live races
that is less than the total number of live races required in
subsection (e-1), the organization gaming licensee may not
conduct gaming pursuant to its organization gaming license for
the calendar year of such requested live races.
(e-4.5) The Board shall award the minimum live racing
guarantees contained in subsections (e-1), (e-2), and (e-3) to
ensure that each organization licensee shall individually run
a sufficient number of races per year to qualify for an
organization gaming license under this Act. The General
Assembly finds that the minimum live racing guarantees
contained in subsections (e-1), (e-2), and (e-3) are in the
best interest of the sport of horse racing, and that such
guarantees may only be reduced in the calendar year in which
they will be conducted in the limited circumstances described
in this subsection. The Board may decrease the number of

SB2885 - 36 - LRB104 17811 LNS 31244 b
racing days without affecting an organization licensee's
ability to conduct gaming pursuant to an organization gaming
license issued under the Illinois Gambling Act only if the
Board determines, after notice and hearing, that:
(i) a decrease is necessary to maintain a sufficient
number of betting interests per race to ensure the
integrity of racing;
(ii) there are unsafe track conditions due to weather
or acts of God;
(iii) there is an agreement between an organization
licensee and the breed association that is applicable to
the involved live racing guarantee, such association
representing either the largest number of thoroughbred
owners and trainers or the largest number of standardbred
owners, trainers and drivers who race horses at the
involved organization licensee's racing meeting, so long
as the agreement does not compromise the integrity of the
sport of horse racing; or
(iv) the horse population or purse levels are
insufficient to provide the number of racing opportunities
otherwise required in this Act.
In decreasing the number of racing dates in accordance
with this subsection, the Board shall hold a hearing and shall
provide the public and all interested parties notice and an
opportunity to be heard. The Board shall accept testimony from
all interested parties, including any association representing

SB2885 - 37 - LRB104 17811 LNS 31244 b
owners, trainers, jockeys, or drivers who will be affected by
the decrease in racing dates. The Board shall provide a
written explanation of the reasons for the decrease and the
Board's findings. The written explanation shall include a
listing and content of all communication between any party and
any Illinois Racing Board member or staff that does not take
place at a public meeting of the Board.
(e-5) In reviewing an application for the purpose of
granting an organization license consistent with the best
interests of the public and the sport of horse racing, the
Board shall consider:
(1) the character, reputation, experience, and
financial integrity of the applicant and of any other
separate person that either:
(i) controls the applicant, directly or
indirectly, or
(ii) is controlled, directly or indirectly, by
that applicant or by a person who controls, directly
or indirectly, that applicant;
(2) the applicant's facilities or proposed facilities
for conducting horse racing;
(3) the total revenue without regard to Section 32.1
to be derived by the State and horsemen from the
applicant's conducting a race meeting;
(4) the applicant's good faith affirmative action plan
to recruit, train, and upgrade minorities in all

SB2885 - 38 - LRB104 17811 LNS 31244 b
employment classifications;
(5) the applicant's financial ability to purchase and
maintain adequate liability and casualty insurance;
(6) the applicant's proposed and prior year's
promotional and marketing activities and expenditures of
the applicant associated with those activities;
(7) an agreement, if any, among organization licensees
as provided in subsection (b) of Section 21 of this Act;
and
(8) the extent to which the applicant exceeds or meets
other standards for the issuance of an organization
license that the Board shall adopt by rule.
In granting organization licenses and allocating dates for
horse race meetings, the Board shall have discretion to
determine an overall schedule, including required simulcasts
of Illinois races by host tracks that will, in its judgment, be
conducive to the best interests of the public and the sport of
horse racing.
(e-10) The Illinois Administrative Procedure Act shall
apply to administrative procedures of the Board under this Act
for the granting of an organization license, except that (1)
notwithstanding the provisions of subsection (b) of Section
10-40 of the Illinois Administrative Procedure Act regarding
cross-examination, the Board may prescribe rules limiting the
right of an applicant or participant in any proceeding to
award an organization license to conduct cross-examination of

SB2885 - 39 - LRB104 17811 LNS 31244 b
witnesses at that proceeding where that cross-examination
would unduly obstruct the timely award of an organization
license under subsection (e) of Section 20 of this Act; (2) the
provisions of Section 10-45 of the Illinois Administrative
Procedure Act regarding proposals for decision are excluded
under this Act; (3) notwithstanding the provisions of
subsection (a) of Section 10-60 of the Illinois Administrative
Procedure Act regarding ex parte communications, the Board may
prescribe rules allowing ex parte communications with
applicants or participants in a proceeding to award an
organization license where conducting those communications
would be in the best interest of racing, provided all those
communications are made part of the record of that proceeding
pursuant to subsection (c) of Section 10-60 of the Illinois
Administrative Procedure Act; (4) the provisions of Section
14a of this Act and the rules of the Board promulgated under
that Section shall apply instead of the provisions of Article
10 of the Illinois Administrative Procedure Act regarding
administrative law judges; and (5) the provisions of
subsection (d) of Section 10-65 of the Illinois Administrative
Procedure Act that prevent summary suspension of a license
pending revocation or other action shall not apply.
(f) The Board may allot racing dates to an organization
licensee for more than one calendar year but for no more than 3
successive calendar years in advance, provided that the Board
shall review such allotment for more than one calendar year

SB2885 - 40 - LRB104 17811 LNS 31244 b
prior to each year for which such allotment has been made. The
granting of an organization license to a person constitutes a
privilege to conduct a horse race meeting under the provisions
of this Act, and no person granted an organization license
shall be deemed to have a vested interest, property right, or
future expectation to receive an organization license in any
subsequent year as a result of the granting of an organization
license. Organization licenses shall be subject to revocation
if the organization licensee has violated any provision of
this Act or the rules and regulations promulgated under this
Act or has been convicted of a crime or has failed to disclose
or has stated falsely any information called for in the
application for an organization license. Any organization
license revocation proceeding shall be in accordance with
Section 16 regarding suspension and revocation of occupation
licenses.
(f-5) If, (i) an applicant does not file an acceptance of
the racing dates awarded by the Board as required under part
(1) of subsection (h) of this Section 20, or (ii) an
organization licensee has its license suspended or revoked
under this Act, or (iii) an organization licensee surrenders
its license, the Board, upon conducting an emergency hearing
as provided for in this Act, may reaward on an emergency basis
pursuant to rules established by the Board, racing dates not
accepted, or the racing dates associated with any suspension
or revocation period, or the racing dates following the

SB2885 - 41 - LRB104 17811 LNS 31244 b
surrender of an organization license to one or more
organization licensees, new applicants, or any combination
thereof, upon terms and conditions that the Board determines
are in the best interest of racing, provided, the organization
licensees or new applicants receiving the awarded racing dates
file an acceptance of those reawarded racing dates as required
under paragraph (1) of subsection (h) of this Section 20 and
comply with the other provisions of this Act. The Illinois
Administrative Procedure Act shall not apply to the
administrative procedures of the Board in conducting the
emergency hearing and the reallocation of racing dates on an
emergency basis.
(g) (Blank).
(h) The Board shall send the applicant a copy of its
formally executed order by certified mail addressed to the
applicant at the address stated in the applicant's his
application, which notice shall be mailed within 5 days of the
date the formal order is executed.
Each applicant notified shall, within 10 days after
receipt of the final executed order of the Board awarding
racing dates:
(1) file with the Board an acceptance of such award in
the form prescribed by the Board;
(2) pay to the Board an additional amount equal to
$110 for each racing date awarded; and
(3) file with the Board the bonds required in Sections

SB2885 - 42 - LRB104 17811 LNS 31244 b
21 and 25 at least 20 days prior to the first day of each
race meeting.
Upon compliance with the provisions of paragraphs (1), (2),
and (3) of this subsection (h), the applicant shall be issued
an organization license.
If any applicant fails to comply with this Section or
fails to pay the organization license fees herein provided, no
organization license shall be issued to such applicant.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 5/24) (from Ch. 8, par. 37-24)
Sec. 24. (a) No license shall be issued to or held by an
organization licensee unless all of its officers, directors,
and holders of ownership interests of at least 5% are first
approved by the Board. The Board shall not give approval of an
organization license application to any person who has been
convicted of or is under an indictment for a crime of moral
turpitude or has violated any provision of the racing law of
this State or any rules of the Board.
(b) An organization licensee must notify the Board within
10 days of any change in the holders of a direct or indirect
interest in the ownership of the organization licensee. The
Board may, after hearing, revoke the organization license of
any person who registers on its books or knowingly permits a
direct or indirect interest in the ownership of that person
without notifying the Board of the name of the holder in

SB2885 - 43 - LRB104 17811 LNS 31244 b
interest within this period.
(c) In addition to the provisions of subsection (a) of
this Section, no person shall be granted an organization
license if any public official of the State or member of the
public official's his or her family holds any ownership or
financial interest, directly or indirectly, in the person.
(d) No person which has been granted an organization
license to hold a race meeting shall give to any public
official or member of the public official's his family,
directly or indirectly, for or without consideration, any
interest in the person. The Board shall, after hearing, revoke
the organization license granted to a person which has
violated this subsection.
(e) (Blank).
(f) No organization licensee or concessionaire or officer,
director or holder or controller of 5% or more legal or
beneficial interest in any organization licensee or concession
shall make any sort of gift or contribution that is prohibited
under Article 10 of the State Officials and Employees Ethics
Act or pay or give any money or other thing of value to any
person who is a public official, or a candidate or nominee for
public office if that payment or gift is prohibited under
Article 10 of the State Officials and Employees Ethics Act.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 5/26) (from Ch. 8, par. 37-26)

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Sec. 26. Wagering.
(a) Any licensee may conduct and supervise the pari-mutuel
system of wagering, as defined in Section 3.12 of this Act, on
horse races conducted by an Illinois organization licensee or
conducted at a racetrack located in another state or country
in accordance with subsection (g) of Section 26 of this Act.
Subject to the prior consent of the Board, licensees may
supplement any pari-mutuel pool in order to guarantee a
minimum distribution. Such pari-mutuel method of wagering
shall not, under any circumstances if conducted under the
provisions of this Act, be held or construed to be unlawful,
other statutes of this State to the contrary notwithstanding.
Subject to rules for advance wagering promulgated by the
Board, any licensee may accept wagers in advance of the day the
race wagered upon occurs.
(b) Except for those gaming activities for which a license
is obtained and authorized under the Illinois Lottery Law, the
Charitable Games Act, the Raffles and Poker Runs Act, or the
Illinois Gambling Act, no other method of betting, pool
making, wagering or gambling shall be used or permitted by the
licensee. Each licensee may retain, subject to the payment of
all applicable taxes and purses, an amount not to exceed 17% of
all money wagered under subsection (a) of this Section, except
as may otherwise be permitted under this Act.
(b-5) An individual may place a wager under the
pari-mutuel system from any licensed location authorized under

SB2885 - 45 - LRB104 17811 LNS 31244 b
this Act provided that wager is electronically recorded in the
manner described in Section 3.12 of this Act. Any wager made
electronically by an individual while physically on the
premises of a licensee shall be deemed to have been made at the
premises of that licensee.
(c) (Blank).
(c-5) The sum held by any licensee for payment of
outstanding pari-mutuel tickets, if unclaimed prior to
December 31 of the next year, shall be retained by the licensee
for payment of such tickets until that date. Within 10 days
thereafter, the balance of such sum remaining unclaimed, less
any uncashed supplements contributed by such licensee for the
purpose of guaranteeing minimum distributions of any
pari-mutuel pool, shall be evenly distributed to the purse
account of the organization licensee and the organization
licensee, except that the balance of the sum of all
outstanding pari-mutuel tickets generated from simulcast
wagering and inter-track wagering by an organization licensee
located in a county with a population in excess of 230,000 and
borders the Mississippi River or any licensee that derives its
license from that organization licensee shall be evenly
distributed to the purse account of the organization licensee
and the organization licensee.
(d) A pari-mutuel ticket shall be honored until December
31 of the next calendar year, and the licensee shall pay the
same and may charge the amount thereof against unpaid money

SB2885 - 46 - LRB104 17811 LNS 31244 b
similarly accumulated on account of pari-mutuel tickets not
presented for payment.
(e) No licensee shall knowingly permit any minor, other
than an employee of such licensee or an owner, trainer,
jockey, driver, or employee thereof, to be admitted during a
racing program unless accompanied by a parent or guardian, or
any minor to be a patron of the pari-mutuel system of wagering
conducted or supervised by it. The admission of any
unaccompanied minor, other than an employee of the licensee or
an owner, trainer, jockey, driver, or employee thereof at a
race track is a Class C misdemeanor.
(f) Notwithstanding the other provisions of this Act, an
organization licensee may contract with an entity in another
state or country to permit any legal wagering entity in
another state or country to accept wagers solely within such
other state or country on races conducted by the organization
licensee in this State. Beginning January 1, 2000, these
wagers shall not be subject to State taxation. Until January
1, 2000, when the out-of-State entity conducts a pari-mutuel
pool separate from the organization licensee, a privilege tax
equal to 7 1/2% of all monies received by the organization
licensee from entities in other states or countries pursuant
to such contracts is imposed on the organization licensee, and
such privilege tax shall be remitted to the Department of
Revenue within 48 hours of receipt of the moneys from the
simulcast. When the out-of-State entity conducts a combined

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pari-mutuel pool with the organization licensee, the tax shall
be 10% of all monies received by the organization licensee
with 25% of the receipts from this 10% tax to be distributed to
the county in which the race was conducted.
An organization licensee may permit one or more of its
races to be utilized for pari-mutuel wagering at one or more
locations in other states and may transmit audio and visual
signals of races the organization licensee conducts to one or
more locations outside the State or country and may also
permit pari-mutuel pools in other states or countries to be
combined with its gross or net wagering pools or with wagering
pools established by other states.
(g) A host track may accept interstate simulcast wagers on
horse races conducted in other states or countries and shall
control the number of signals and types of breeds of racing in
its simulcast program, subject to the disapproval of the
Board. The Board may prohibit a simulcast program only if it
finds that the simulcast program is clearly adverse to the
integrity of racing. The host track simulcast program shall
include the signal of live racing of all organization
licensees. All non-host licensees and advance deposit wagering
licensees shall carry the signal of and accept wagers on live
racing of all organization licensees. Advance deposit wagering
licensees shall not be permitted to accept out-of-state wagers
on any Illinois signal provided pursuant to this Section
without the approval and consent of the organization licensee

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

SB2885 - 49 - LRB104 17811 LNS 31244 b
the State, horsemen purses, and organization licensees.
However, organization licensees providing live signals
pursuant to the requirements of this subsection (g) may
petition the Board to withhold their live signals from an
advance deposit wagering licensee if the organization licensee
discovers and the Board finds reputable or credible
information that the advance deposit wagering licensee is
under investigation by another state or federal governmental
agency, the advance deposit wagering licensee's license has
been suspended in another state, or the advance deposit
wagering licensee's license is in revocation proceedings in
another state. The organization licensee's provision of their
live signal to an advance deposit wagering licensee under this
subsection (g) pertains to wagers placed from within Illinois.
Advance deposit wagering licensees may place advance deposit
wagering terminals at wagering facilities as a convenience to
customers. The advance deposit wagering licensee shall not
charge or collect any fee from purses for the placement of the
advance deposit wagering terminals. The costs and expenses of
the host track and non-host licensees associated with
interstate simulcast wagering, other than the interstate
commission fee, shall be borne by the host track and all
non-host licensees incurring these costs. The interstate
commission fee shall not exceed 5% of Illinois handle on the
interstate simulcast race or races without prior approval of
the Board. The Board shall promulgate rules under which it may

SB2885 - 50 - LRB104 17811 LNS 31244 b
permit interstate commission fees in excess of 5%. The
interstate commission fee and other fees charged by the
sending racetrack, including, but not limited to, satellite
decoder fees, shall be uniformly applied to the host track and
all non-host licensees.
Notwithstanding any other provision of this Act, an
organization licensee, with the consent of the horsemen
association representing the largest number of owners,
trainers, jockeys, or standardbred drivers who race horses at
that organization licensee's racing meeting, may maintain a
system whereby advance deposit wagering may take place or an
organization licensee, with the consent of the horsemen
association representing the largest number of owners,
trainers, jockeys, or standardbred drivers who race horses at
that organization licensee's racing meeting, may contract with
another person to carry out a system of advance deposit
wagering. Such consent may not be unreasonably withheld. Only
with respect to an appeal to the Board that consent for an
organization licensee that maintains its own advance deposit
wagering system is being unreasonably withheld, the Board
shall issue a final order within 30 days after initiation of
the appeal, and the organization licensee's advance deposit
wagering system may remain operational during that 30-day
period. The actions of any organization licensee who conducts
advance deposit wagering or any person who has a contract with
an organization licensee to conduct advance deposit wagering

SB2885 - 51 - LRB104 17811 LNS 31244 b
who conducts advance deposit wagering on or after January 1,
2013 and prior to June 7, 2013 (the effective date of Public
Act 98-18) taken in reliance on the changes made to this
subsection (g) by Public Act 98-18 are hereby validated,
provided payment of all applicable pari-mutuel taxes are
remitted to the Board. All advance deposit wagers placed from
within Illinois must be placed through a Board-approved
advance deposit wagering licensee; no other entity may accept
an advance deposit wager from a person within Illinois. All
advance deposit wagering is subject to any rules adopted by
the Board. The Board may adopt rules necessary to regulate
advance deposit wagering through the use of emergency
rulemaking in accordance with Section 5-45 of the Illinois
Administrative Procedure Act. The General Assembly finds that
the adoption of rules to regulate advance deposit wagering is
deemed an emergency and necessary for the public interest,
safety, and welfare. An advance deposit wagering licensee may
retain all moneys as agreed to by contract with an
organization licensee. Any moneys retained by the organization
licensee from advance deposit wagering, not including moneys
retained by the advance deposit wagering licensee, shall be
paid 50% to the organization licensee's purse account and 50%
to the organization licensee. With the exception of any
organization licensee that is owned by a publicly traded
company that is incorporated in a state other than Illinois
and advance deposit wagering licensees under contract with

SB2885 - 52 - LRB104 17811 LNS 31244 b
such organization licensees, organization licensees that
maintain advance deposit wagering systems and advance deposit
wagering licensees that contract with organization licensees
shall provide sufficiently detailed monthly accountings to the
horsemen association representing the largest number of
owners, trainers, jockeys, or standardbred drivers who race
horses at that organization licensee's racing meeting so that
the horsemen association, as an interested party, can confirm
the accuracy of the amounts paid to the purse account at the
horsemen association's affiliated organization licensee from
advance deposit wagering. If more than one breed races at the
same race track facility, then the 50% of the moneys to be paid
to an organization licensee's purse account shall be allocated
among all organization licensees' purse accounts operating at
that race track facility proportionately based on the actual
number of host days that the Board grants to that breed at that
race track facility in the current calendar year. To the
extent any fees from advance deposit wagering conducted in
Illinois for wagers in Illinois or other states have been
placed in escrow or otherwise withheld from wagers pending a
determination of the legality of advance deposit wagering, no
action shall be brought to declare such wagers or the
disbursement of any fees previously escrowed illegal.
(1) Between the hours of 6:30 a.m. and 6:30 p.m. an
inter-track wagering licensee other than the host track
may supplement the host track simulcast program with

SB2885 - 53 - LRB104 17811 LNS 31244 b
additional simulcast races or race programs, provided that
between January 1 and the third Friday in February of any
year, inclusive, if no live thoroughbred racing is
occurring in Illinois during this period, only
thoroughbred races may be used for supplemental interstate
simulcast purposes. The Board shall withhold approval for
a supplemental interstate simulcast only if it finds that
the simulcast is clearly adverse to the integrity of
racing. A supplemental interstate simulcast may be
transmitted from an inter-track wagering licensee to its
affiliated non-host licensees. The interstate commission
fee for a supplemental interstate simulcast shall be paid
by the non-host licensee and its affiliated non-host
licensees receiving the simulcast.
(2) Between the hours of 6:30 p.m. and 6:30 a.m. an
inter-track wagering licensee other than the host track
may receive supplemental interstate simulcasts only with
the consent of the host track, except when the Board finds
that the simulcast is clearly adverse to the integrity of
racing. Consent granted under this paragraph (2) to any
inter-track wagering licensee shall be deemed consent to
all non-host licensees. The interstate commission fee for
the supplemental interstate simulcast shall be paid by all
participating non-host licensees.
(3) Each licensee conducting interstate simulcast
wagering may retain, subject to the payment of all

SB2885 - 54 - LRB104 17811 LNS 31244 b
applicable taxes and the purses, an amount not to exceed
17% of all money wagered. If any licensee conducts the
pari-mutuel system wagering on races conducted at
racetracks in another state or country, each such race or
race program shall be considered a separate racing day for
the purpose of determining the daily handle and computing
the privilege tax of that daily handle as provided in
subsection (a) of Section 27. Until January 1, 2000, from
the sums permitted to be retained pursuant to this
subsection, each inter-track wagering location licensee
shall pay 1% of the pari-mutuel handle wagered on
simulcast wagering to the Horse Racing Tax Allocation
Fund, subject to the provisions of subparagraph (B) of
paragraph (11) of subsection (h) of Section 26 of this
Act.
(4) A licensee who receives an interstate simulcast
may combine its gross or net pools with pools at the
sending racetracks pursuant to rules established by the
Board. All licensees combining their gross pools at a
sending racetrack shall adopt the takeout percentages of
the sending racetrack. A licensee may also establish a
separate pool and takeout structure for wagering purposes
on races conducted at race tracks outside of the State of
Illinois. The licensee may permit pari-mutuel wagers
placed in other states or countries to be combined with
its gross or net wagering pools or other wagering pools.

SB2885 - 55 - LRB104 17811 LNS 31244 b
(5) After the payment of the interstate commission fee
(except for the interstate commission fee on a
supplemental interstate simulcast, which shall be paid by
the host track and by each non-host licensee through the
host track) and all applicable State and local taxes,
except as provided in subsection (g) of Section 27 of this
Act, the remainder of moneys retained from simulcast
wagering pursuant to this subsection (g), and Section 26.2
shall be divided as follows:
(A) For interstate simulcast wagers made at a host
track, 50% to the host track and 50% to purses at the
host track.
(B) For wagers placed on interstate simulcast
races, supplemental simulcasts as defined in
subparagraphs (1) and (2), and separately pooled races
conducted outside of the State of Illinois made at a
non-host licensee, 25% to the host track, 25% to the
non-host licensee, and 50% to the purses at the host
track.
(6) Notwithstanding any provision in this Act to the
contrary, non-host licensees who derive their licenses
from a track located in a county with a population in
excess of 230,000 and that borders the Mississippi River
may receive supplemental interstate simulcast races at all
times subject to Board approval, which shall be withheld
only upon a finding that a supplemental interstate

SB2885 - 56 - LRB104 17811 LNS 31244 b
simulcast is clearly adverse to the integrity of racing.
(7) Effective January 1, 2017, notwithstanding any
provision of this Act to the contrary, after payment of
all applicable State and local taxes and interstate
commission fees, non-host licensees who derive their
licenses from a track located in a county with a
population in excess of 230,000 and that borders the
Mississippi River shall retain 50% of the retention from
interstate simulcast wagers and shall pay 50% to purses at
the track from which the non-host licensee derives its
license.
(7.1) Notwithstanding any other provision of this Act
to the contrary, if no standardbred racing is conducted at
a racetrack located in Madison County during any calendar
year beginning on or after January 1, 2002, and the
licensee that conducts horse racing at that racetrack
requests from the Board at least as many racing dates as
were conducted in calendar year 2000, all moneys derived
by that racetrack from simulcast wagering and inter-track
wagering that (1) are to be used for purses and (2) are
generated between the hours of 6:30 p.m. and 6:30 a.m.
during that calendar year shall be paid as follows:
(A) Eighty percent shall be paid to its
thoroughbred purse account; and
(B) Twenty percent shall be deposited into the
Illinois Colt Stakes Purse Distribution Fund and shall

SB2885 - 57 - LRB104 17811 LNS 31244 b
be paid to purses for standardbred races for Illinois
conceived and foaled horses conducted at any county
fairgrounds. The moneys deposited into the Fund
pursuant to this subparagraph (B) shall be deposited
within 2 weeks after the day they were generated,
shall be in addition to and not in lieu of any other
moneys paid to standardbred purses under this Act, and
shall not be commingled with other moneys paid into
that Fund. The moneys deposited pursuant to this
subparagraph (B) shall be allocated as provided by the
Department of Agriculture, with the advice and
assistance of the Illinois Standardbred Breeders Fund
Advisory Board.
(7.2) Notwithstanding any other provision of this Act
to the contrary, if no thoroughbred racing is conducted at
a racetrack located in Madison County during any calendar
year beginning on or after January 1, 2002, and the
licensee that conducts horse racing at that racetrack
requests from the Board at least as many racing dates as
were conducted in calendar year 2000, all moneys derived
by that racetrack from simulcast wagering and inter-track
wagering that (1) are to be used for purses and (2) are
generated between the hours of 6:30 a.m. and 6:30 p.m.
during that calendar year shall be deposited as follows:
(A) Eighty percent shall be deposited into its
standardbred purse account; and

SB2885 - 58 - LRB104 17811 LNS 31244 b
(B) Twenty percent shall be deposited into the
Illinois Colt Stakes Purse Distribution Fund. Moneys
deposited into the Illinois Colt Stakes Purse
Distribution Fund pursuant to this subparagraph (B)
shall be paid to Illinois conceived and foaled
thoroughbred breeders' programs and to thoroughbred
purses for races conducted at any county fairgrounds
for Illinois conceived and foaled horses at the
discretion of the Department of Agriculture, with the
advice and assistance of the Illinois Thoroughbred
Breeders Fund Advisory Board. The moneys deposited
into the Illinois Colt Stakes Purse Distribution Fund
pursuant to this subparagraph (B) shall be deposited
within 2 weeks after the day they were generated,
shall be in addition to and not in lieu of any other
moneys paid to thoroughbred purses under this Act, and
shall not be commingled with other moneys deposited
into that Fund.
(8) Notwithstanding any provision in this Act to the
contrary, an organization licensee from a track located in
a county with a population in excess of 230,000 and that
borders the Mississippi River and its affiliated non-host
licensees shall not be entitled to share in any retention
generated on racing, inter-track wagering, or simulcast
wagering at any other Illinois wagering facility.
(8.1) Notwithstanding any provisions in this Act to

SB2885 - 59 - LRB104 17811 LNS 31244 b
the contrary, if 2 organization licensees are conducting
standardbred race meetings concurrently between the hours
of 6:30 p.m. and 6:30 a.m., after payment of all
applicable State and local taxes and interstate commission
fees, the remainder of the amount retained from simulcast
wagering otherwise attributable to the host track and to
host track purses shall be split daily between the 2
organization licensees and the purses at the tracks of the
2 organization licensees, respectively, based on each
organization licensee's share of the total live handle for
that day, provided that this provision shall not apply to
any non-host licensee that derives its license from a
track located in a county with a population in excess of
230,000 and that borders the Mississippi River.
(9) (Blank).
(10) (Blank).
(11) (Blank).
(12) The Board shall have authority to compel all host
tracks to receive the simulcast of any or all races
conducted at the Springfield or DuQuoin State fairgrounds
and include all such races as part of their simulcast
programs.
(13) Notwithstanding any other provision of this Act,
in the event that the total Illinois pari-mutuel handle on
Illinois horse races at all wagering facilities in any
calendar year is less than 75% of the total Illinois

SB2885 - 60 - LRB104 17811 LNS 31244 b
pari-mutuel handle on Illinois horse races at all such
wagering facilities for calendar year 1994, then each
wagering facility that has an annual total Illinois
pari-mutuel handle on Illinois horse races that is less
than 75% of the total Illinois pari-mutuel handle on
Illinois horse races at such wagering facility for
calendar year 1994, shall be permitted to receive, from
any amount otherwise payable to the purse account at the
race track with which the wagering facility is affiliated
in the succeeding calendar year, an amount equal to 2% of
the differential in total Illinois pari-mutuel handle on
Illinois horse races at the wagering facility between that
calendar year in question and 1994 provided, however, that
a wagering facility shall not be entitled to any such
payment until the Board certifies in writing to the
wagering facility the amount to which the wagering
facility is entitled and a schedule for payment of the
amount to the wagering facility, based on: (i) the racing
dates awarded to the race track affiliated with the
wagering facility during the succeeding year; (ii) the
sums available or anticipated to be available in the purse
account of the race track affiliated with the wagering
facility for purses during the succeeding year; and (iii)
the need to ensure reasonable purse levels during the
payment period. The Board's certification shall be
provided no later than January 31 of the succeeding year.

SB2885 - 61 - LRB104 17811 LNS 31244 b
In the event a wagering facility entitled to a payment
under this paragraph (13) is affiliated with a race track
that maintains purse accounts for both standardbred and
thoroughbred racing, the amount to be paid to the wagering
facility shall be divided between each purse account pro
rata, based on the amount of Illinois handle on Illinois
standardbred and thoroughbred racing respectively at the
wagering facility during the previous calendar year.
Annually, the General Assembly shall appropriate
sufficient funds from the General Revenue Fund to the
Department of Agriculture for payment into the
thoroughbred and standardbred horse racing purse accounts
at Illinois pari-mutuel tracks. The amount paid to each
purse account shall be the amount certified by the
Illinois Racing Board in January to be transferred from
each account to each eligible racing facility in
accordance with the provisions of this Section. Beginning
in the calendar year in which an organization licensee
that is eligible to receive payment under this paragraph
(13) begins to receive funds from gaming pursuant to an
organization gaming license issued under the Illinois
Gambling Act, the amount of the payment due to all
wagering facilities licensed under that organization
licensee under this paragraph (13) shall be the amount
certified by the Board in January of that year. An
organization licensee and its related wagering facilities

SB2885 - 62 - LRB104 17811 LNS 31244 b
shall no longer be able to receive payments under this
paragraph (13) beginning in the year subsequent to the
first year in which the organization licensee begins to
receive funds from gaming pursuant to an organization
gaming license issued under the Illinois Gambling Act.
(h) The Board may approve and license the conduct of
inter-track wagering and simulcast wagering by inter-track
wagering licensees and inter-track wagering location licensees
subject to the following terms and conditions:
(1) Any person licensed to conduct a race meeting (i)
at a track where 60 or more days of racing were conducted
during the immediately preceding calendar year or where
over the 5 immediately preceding calendar years an average
of 30 or more days of racing were conducted annually may be
issued an inter-track wagering license; (ii) at a track
located in a county that is bounded by the Mississippi
River, which has a population of less than 150,000
according to the 1990 decennial census, and an average of
at least 60 days of racing per year between 1985 and 1993
may be issued an inter-track wagering license; (iii) at a
track awarded standardbred racing dates; or (iv) at a
track located in Madison County that conducted at least
100 days of live racing during the immediately preceding
calendar year may be issued an inter-track wagering
license, unless a lesser schedule of live racing is the
result of (A) weather, unsafe track conditions, or other

SB2885 - 63 - LRB104 17811 LNS 31244 b
acts of God; (B) an agreement between the organization
licensee and the associations representing the largest
number of owners, trainers, jockeys, or standardbred
drivers who race horses at that organization licensee's
racing meeting; or (C) a finding by the Board of
extraordinary circumstances and that it was in the best
interest of the public and the sport to conduct fewer than
100 days of live racing. Any such person having operating
control of the racing facility may receive inter-track
wagering location licenses. An eligible race track located
in a county that has a population of more than 230,000 and
that is bounded by the Mississippi River may establish up
to 9 inter-track wagering locations, an eligible race
track located in Stickney Township in Cook County may
establish up to 16 inter-track wagering locations, and an
eligible race track located in Palatine Township in Cook
County may establish up to 18 inter-track wagering
locations. An eligible racetrack conducting standardbred
racing may have up to 16 inter-track wagering locations.
An application for said license shall be filed with the
Board prior to such dates as may be fixed by the Board.
With an application for an inter-track wagering location
license there shall be delivered to the Board a certified
check or bank draft payable to the order of the Board for
an amount equal to $500. The application shall be on forms
prescribed and furnished by the Board. The application

SB2885 - 64 - LRB104 17811 LNS 31244 b
shall comply with all other rules, regulations and
conditions imposed by the Board in connection therewith.
(2) The Board shall examine the applications with
respect to their conformity with this Act and the rules
and regulations imposed by the Board. If found to be in
compliance with the Act and rules and regulations of the
Board, the Board may then issue a license to conduct
inter-track wagering and simulcast wagering to such
applicant. All such applications shall be acted upon by
the Board at a meeting to be held on such date as may be
fixed by the Board.
(3) In granting licenses to conduct inter-track
wagering and simulcast wagering, the Board shall give due
consideration to the best interests of the public, of
horse racing, and of maximizing revenue to the State.
(4) Prior to the issuance of a license to conduct
inter-track wagering and simulcast wagering, the applicant
shall file with the Board a bond payable to the State of
Illinois in the sum of $50,000, executed by the applicant
and a surety company or companies authorized to do
business in this State, and conditioned upon (i) the
payment by the licensee of all taxes due under Section 27
or 27.1 and any other monies due and payable under this
Act, and (ii) distribution by the licensee, upon
presentation of the winning ticket or tickets, of all sums
payable to the patrons of pari-mutuel pools.

SB2885 - 65 - LRB104 17811 LNS 31244 b
(5) Each license to conduct inter-track wagering and
simulcast wagering shall specify the person to whom it is
issued, the dates on which such wagering is permitted, and
the track or location where the wagering is to be
conducted.
(6) All wagering under such license is subject to this
Act and to the rules and regulations from time to time
prescribed by the Board, and every such license issued by
the Board shall contain a recital to that effect.
(7) An inter-track wagering licensee or inter-track
wagering location licensee may accept wagers at the track
or location where it is licensed, or as otherwise provided
under this Act.
(8) Inter-track wagering or simulcast wagering shall
not be conducted at any track less than 4 miles from a
track at which a racing meeting is in progress.
(8.1) Inter-track wagering location licensees who
derive their licenses from a particular organization
licensee shall conduct inter-track wagering and simulcast
wagering only at locations that are within 160 miles of
that race track where the particular organization licensee
is licensed to conduct racing. However, inter-track
wagering and simulcast wagering shall not be conducted by
those licensees at any location within 5 miles of any race
track at which a horse race meeting has been licensed in
the current year, unless the person having operating

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control of such race track has given its written consent
to such inter-track wagering location licensees, which
consent must be filed with the Board at or prior to the
time application is made. In the case of any inter-track
wagering location licensee initially licensed after
December 31, 2013, inter-track wagering and simulcast
wagering shall not be conducted by those inter-track
wagering location licensees that are located outside the
City of Chicago at any location within 8 miles of any race
track at which a horse race meeting has been licensed in
the current year, unless the person having operating
control of such race track has given its written consent
to such inter-track wagering location licensees, which
consent must be filed with the Board at or prior to the
time application is made.
(8.2) Inter-track wagering or simulcast wagering shall
not be conducted by an inter-track wagering location
licensee at any location within 100 feet of an existing
church, an existing elementary or secondary public school,
or an existing elementary or secondary private school
registered with or recognized by the State Board of
Education. The distance of 100 feet shall be measured to
the nearest part of any building used for worship
services, education programs, or conducting inter-track
wagering by an inter-track wagering location licensee, and
not to property boundaries. However, inter-track wagering

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

SB2885 - 68 - LRB104 17811 LNS 31244 b
be considered a separate racing day for the purpose of
determining the daily handle and computing the privilege
tax or pari-mutuel tax on such daily handle as provided in
Section 27.
(10.1) Except as provided in subsection (g) of Section
27 of this Act, inter-track wagering location licensees
shall pay 1% of the pari-mutuel handle at each location to
the municipality in which such location is situated and 1%
of the pari-mutuel handle at each location to the county
in which such location is situated. In the event that an
inter-track wagering location licensee is situated in an
unincorporated area of a county, such licensee shall pay
2% of the pari-mutuel handle from such location to such
county. Inter-track wagering location licensees must pay
the handle percentage required under this paragraph to the
municipality and county no later than the 20th of the
month following the month such handle was generated.
(10.2) Notwithstanding any other provision of this
Act, with respect to inter-track wagering at a race track
located in a county that has a population of more than
230,000 and that is bounded by the Mississippi River ("the
first race track"), or at a facility operated by an
inter-track wagering licensee or inter-track wagering
location licensee that derives its license from the
organization licensee that operates the first race track,
on races conducted at the first race track or on races

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conducted at another Illinois race track and
simultaneously televised to the first race track or to a
facility operated by an inter-track wagering licensee or
inter-track wagering location licensee that derives its
license from the organization licensee that operates the
first race track, those moneys shall be allocated as
follows:
(A) That portion of all moneys wagered on
standardbred racing that is required under this Act to
be paid to purses shall be paid to purses for
standardbred races.
(B) That portion of all moneys wagered on
thoroughbred racing that is required under this Act to
be paid to purses shall be paid to purses for
thoroughbred races.
(11) (A) After payment of the privilege or pari-mutuel
tax, any other applicable taxes, and the costs and
expenses in connection with the gathering, transmission,
and dissemination of all data necessary to the conduct of
inter-track wagering, the remainder of the monies retained
under either Section 26 or Section 26.2 of this Act by the
inter-track wagering licensee on inter-track wagering
shall be allocated with 50% to be split between the 2
participating licensees and 50% to purses, except that an
inter-track wagering licensee that derives its license
from a track located in a county with a population in

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

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of this Act, 1% of the pari-mutuel handle wagered on
inter-track wagering and simulcast wagering at each
inter-track wagering location licensee facility to the
Horse Racing Tax Allocation Fund, provided that, to the
extent the total amount collected and distributed to the
Horse Racing Tax Allocation Fund under this subsection (h)
during any calendar year exceeds the amount collected and
distributed to the Horse Racing Tax Allocation Fund during
calendar year 1994, that excess amount shall be
redistributed (I) to all inter-track wagering location
licensees, based on each licensee's pro rata share of the
total handle from inter-track wagering and simulcast
wagering for all inter-track wagering location licensees
during the calendar year in which this provision is
applicable; then (II) the amounts redistributed to each
inter-track wagering location licensee as described in
subpart (I) shall be further redistributed as provided in
subparagraph (B) of paragraph (5) of subsection (g) of
this Section 26 provided first, that the shares of those
amounts, which are to be redistributed to the host track
or to purses at the host track under subparagraph (B) of
paragraph (5) of subsection (g) of this Section 26 shall
be redistributed based on each host track's pro rata share
of the total inter-track wagering and simulcast wagering
handle at all host tracks during the calendar year in
question, and second, that any amounts redistributed as

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described in part (I) to an inter-track wagering location
licensee that accepts wagers on races conducted by an
organization licensee that conducts a race meet in a
county with a population in excess of 230,000 and that
borders the Mississippi River shall be further
redistributed, effective January 1, 2017, as provided in
paragraph (7) of subsection (g) of this Section 26, with
the portion of that further redistribution allocated to
purses at that organization licensee to be divided between
standardbred purses and thoroughbred purses based on the
amounts otherwise allocated to purses at that organization
licensee during the calendar year in question; and (iv) 8%
of the pari-mutuel handle on inter-track wagering wagered
at such location to satisfy all costs and expenses of
conducting its wagering. The remainder of the monies
retained by the inter-track wagering location licensee
shall be allocated 40% to the location licensee and 60% to
the organization licensee which provides the Illinois
races to the location, except that an inter-track wagering
location licensee that derives its license from a track
located in a county with a population in excess of 230,000
and that borders the Mississippi River shall not divide
any remaining retention with the organization licensee
that provides the race or races and an inter-track
wagering location licensee that accepts wagers on races
conducted by an organization licensee that conducts a race

SB2885 - 73 - LRB104 17811 LNS 31244 b
meet in a county with a population in excess of 230,000 and
that borders the Mississippi River shall not divide any
remaining retention with the organization licensee.
Notwithstanding the provisions of clauses (ii) and (iv) of
this paragraph, in the case of the additional inter-track
wagering location licenses authorized under paragraph (1)
of this subsection (h) by Public Act 87-110, those
licensees shall pay the following amounts as purses:
during the first 12 months the licensee is in operation,
5.25% of the pari-mutuel handle wagered at the location on
races; during the second 12 months, 5.25%; during the
third 12 months, 5.75%; during the fourth 12 months,
6.25%; and during the fifth 12 months and thereafter,
6.75%. The following amounts shall be retained by the
licensee to satisfy all costs and expenses of conducting
its wagering: during the first 12 months the licensee is
in operation, 8.25% of the pari-mutuel handle wagered at
the location; during the second 12 months, 8.25%; during
the third 12 months, 7.75%; during the fourth 12 months,
7.25%; and during the fifth 12 months and thereafter,
6.75%. For additional inter-track wagering location
licensees authorized under Public Act 89-16, purses for
the first 12 months the licensee is in operation shall be
5.75% of the pari-mutuel wagered at the location, purses
for the second 12 months the licensee is in operation
shall be 6.25%, and purses thereafter shall be 6.75%. For

SB2885 - 74 - LRB104 17811 LNS 31244 b
additional inter-track location licensees authorized under
Public Act 89-16, the licensee shall be allowed to retain
to satisfy all costs and expenses: 7.75% of the
pari-mutuel handle wagered at the location during its
first 12 months of operation, 7.25% during its second 12
months of operation, and 6.75% thereafter.
(C) There is hereby created the Horse Racing Tax
Allocation Fund which shall remain in existence until
December 31, 1999. Moneys remaining in the Fund after
December 31, 1999 shall be paid into the General Revenue
Fund. Until January 1, 2000, all monies paid into the
Horse Racing Tax Allocation Fund pursuant to this
paragraph (11) by inter-track wagering location licensees
located in park districts of 500,000 population or less,
or in a municipality that is not included within any park
district but is included within a conservation district
and is the county seat of a county that (i) is contiguous
to the state of Indiana and (ii) has a 1990 population of
88,257 according to the United States Bureau of the
Census, and operating on May 1, 1994 shall be allocated by
appropriation as follows:
Two-sevenths to the Department of Agriculture.
Fifty percent of this two-sevenths shall be used to
promote the Illinois horse racing and breeding
industry, and shall be distributed by the Department
of Agriculture upon the advice of a 9-member committee

SB2885 - 75 - LRB104 17811 LNS 31244 b
appointed by the Governor consisting of the following
members: the Director of Agriculture, who shall serve
as chairman; 2 representatives of organization
licensees conducting thoroughbred race meetings in
this State, recommended by those licensees; 2
representatives of organization licensees conducting
standardbred race meetings in this State, recommended
by those licensees; a representative of the Illinois
Thoroughbred Breeders and Owners Foundation,
recommended by that Foundation; a representative of
the Illinois Standardbred Owners and Breeders
Association, recommended by that Association; a
representative of the Horsemen's Benevolent and
Protective Association or any successor organization
thereto established in Illinois comprised of the
largest number of owners and trainers, recommended by
that Association or that successor organization; and a
representative of the Illinois Harness Horsemen's
Association, recommended by that Association.
Committee members shall serve for terms of 2 years,
commencing January 1 of each even-numbered year. If a
representative of any of the above-named entities has
not been recommended by January 1 of any even-numbered
year, the Governor shall appoint a committee member to
fill that position. Committee members shall receive no
compensation for their services as members but shall

SB2885 - 76 - LRB104 17811 LNS 31244 b
be reimbursed for all actual and necessary expenses
and disbursements incurred in the performance of their
official duties. The remaining 50% of this
two-sevenths shall be distributed to county fairs for
premiums and rehabilitation as set forth in the
Agricultural Fair Act;
Four-sevenths to park districts or municipalities
that do not have a park district of 500,000 population
or less for museum purposes (if an inter-track
wagering location licensee is located in such a park
district) or to conservation districts for museum
purposes (if an inter-track wagering location licensee
is located in a municipality that is not included
within any park district but is included within a
conservation district and is the county seat of a
county that (i) is contiguous to the state of Indiana
and (ii) has a 1990 population of 88,257 according to
the United States Bureau of the Census, except that if
the conservation district does not maintain a museum,
the monies shall be allocated equally between the
county and the municipality in which the inter-track
wagering location licensee is located for general
purposes) or to a municipal recreation board for park
purposes (if an inter-track wagering location licensee
is located in a municipality that is not included
within any park district and park maintenance is the

SB2885 - 77 - LRB104 17811 LNS 31244 b
function of the municipal recreation board and the
municipality has a 1990 population of 9,302 according
to the United States Bureau of the Census); provided
that the monies are distributed to each park district
or conservation district or municipality that does not
have a park district in an amount equal to
four-sevenths of the amount collected by each
inter-track wagering location licensee within the park
district or conservation district or municipality for
the Fund. Monies that were paid into the Horse Racing
Tax Allocation Fund before August 9, 1991 (the
effective date of Public Act 87-110) by an inter-track
wagering location licensee located in a municipality
that is not included within any park district but is
included within a conservation district as provided in
this paragraph shall, as soon as practicable after
August 9, 1991 (the effective date of Public Act
87-110), be allocated and paid to that conservation
district as provided in this paragraph. Any park
district or municipality not maintaining a museum may
deposit the monies in the corporate fund of the park
district or municipality where the inter-track
wagering location is located, to be used for general
purposes; and
One-seventh to the Agricultural Premium Fund to be
used for distribution to agricultural home economics

SB2885 - 78 - LRB104 17811 LNS 31244 b
extension councils in accordance with "An Act in
relation to additional support and finances for the
Agricultural and Home Economic Extension Councils in
the several counties of this State and making an
appropriation therefor", approved July 24, 1967.
Until January 1, 2000, all other monies paid into the
Horse Racing Tax Allocation Fund pursuant to this
paragraph (11) shall be allocated by appropriation as
follows:
Two-sevenths to the Department of Agriculture.
Fifty percent of this two-sevenths shall be used to
promote the Illinois horse racing and breeding
industry, and shall be distributed by the Department
of Agriculture upon the advice of a 9-member committee
appointed by the Governor consisting of the following
members: the Director of Agriculture, who shall serve
as chairman; 2 representatives of organization
licensees conducting thoroughbred race meetings in
this State, recommended by those licensees; 2
representatives of organization licensees conducting
standardbred race meetings in this State, recommended
by those licensees; a representative of the Illinois
Thoroughbred Breeders and Owners Foundation,
recommended by that Foundation; a representative of
the Illinois Standardbred Owners and Breeders
Association, recommended by that Association; a

SB2885 - 79 - LRB104 17811 LNS 31244 b
representative of the Horsemen's Benevolent and
Protective Association or any successor organization
thereto established in Illinois comprised of the
largest number of owners and trainers, recommended by
that Association or that successor organization; and a
representative of the Illinois Harness Horsemen's
Association, recommended by that Association.
Committee members shall serve for terms of 2 years,
commencing January 1 of each even-numbered year. If a
representative of any of the above-named entities has
not been recommended by January 1 of any even-numbered
year, the Governor shall appoint a committee member to
fill that position. Committee members shall receive no
compensation for their services as members but shall
be reimbursed for all actual and necessary expenses
and disbursements incurred in the performance of their
official duties. The remaining 50% of this
two-sevenths shall be distributed to county fairs for
premiums and rehabilitation as set forth in the
Agricultural Fair Act;
Four-sevenths to museums and aquariums located in
park districts of over 500,000 population; provided
that the monies are distributed in accordance with the
previous year's distribution of the maintenance tax
for such museums and aquariums as provided in Section
2 of the Park District Aquarium and Museum Act; and

SB2885 - 80 - LRB104 17811 LNS 31244 b
One-seventh to the Agricultural Premium Fund to be
used for distribution to agricultural home economics
extension councils in accordance with "An Act in
relation to additional support and finances for the
Agricultural and Home Economic Extension Councils in
the several counties of this State and making an
appropriation therefor", approved July 24, 1967. This
subparagraph (C) shall be inoperative and of no force
and effect on and after January 1, 2000.
(D) Except as provided in paragraph (11) of this
subsection (h), with respect to purse allocation from
inter-track wagering, the monies so retained shall be
divided as follows:
(i) If the inter-track wagering licensee,
except an inter-track wagering licensee that
derives its license from an organization licensee
located in a county with a population in excess of
230,000 and bounded by the Mississippi River, is
not conducting its own race meeting during the
same dates, then the entire purse allocation shall
be to purses at the track where the races wagered
on are being conducted.
(ii) If the inter-track wagering licensee,
except an inter-track wagering licensee that
derives its license from an organization licensee
located in a county with a population in excess of

SB2885 - 81 - LRB104 17811 LNS 31244 b
230,000 and bounded by the Mississippi River, is
also conducting its own race meeting during the
same dates, then the purse allocation shall be as
follows: 50% to purses at the track where the
races wagered on are being conducted; 50% to
purses at the track where the inter-track wagering
licensee is accepting such wagers.
(iii) If the inter-track wagering is being
conducted by an inter-track wagering location
licensee, except an inter-track wagering location
licensee that derives its license from an
organization licensee located in a county with a
population in excess of 230,000 and bounded by the
Mississippi River, the entire purse allocation for
Illinois races shall be to purses at the track
where the race meeting being wagered on is being
held.
(12) The Board shall have all powers necessary and
proper to fully supervise and control the conduct of
inter-track wagering and simulcast wagering by inter-track
wagering licensees and inter-track wagering location
licensees, including, but not limited to, the following:
(A) The Board is vested with power to promulgate
reasonable rules and regulations for the purpose of
administering the conduct of this wagering and to
prescribe reasonable rules, regulations and conditions

SB2885 - 82 - LRB104 17811 LNS 31244 b
under which such wagering shall be held and conducted.
Such rules and regulations are to provide for the
prevention of practices detrimental to the public
interest and for the best interests of said wagering
and to impose penalties for violations thereof.
(B) The Board, and any person or persons to whom it
delegates this power, is vested with the power to
enter the facilities of any licensee to determine
whether there has been compliance with the provisions
of this Act and the rules and regulations relating to
the conduct of such wagering.
(C) The Board, and any person or persons to whom it
delegates this power, may eject or exclude from any
licensee's facilities, any person whose conduct or
reputation is such that his presence on such premises
may, in the opinion of the Board, call into the
question the honesty and integrity of, or interfere
with the orderly conduct of such wagering; provided,
however, that no person shall be excluded or ejected
from such premises solely on the grounds of race,
color, creed, national origin, ancestry, or sex.
(D) (Blank).
(E) The Board is vested with the power to appoint
delegates to execute any of the powers granted to it
under this Section for the purpose of administering
this wagering and any rules and regulations

SB2885 - 83 - LRB104 17811 LNS 31244 b
promulgated in accordance with this Act.
(F) The Board shall name and appoint a State
director of this wagering who shall be a
representative of the Board and whose duty it shall be
to supervise the conduct of inter-track wagering as
may be provided for by the rules and regulations of the
Board; such rules and regulation shall specify the
method of appointment and the Director's powers,
authority and duties. The Board may appoint the
Director of Mutuels to also serve as the State
director of this wagering.
(G) The Board is vested with the power to impose
civil penalties of up to $10,000 $5,000 against
individuals and up to $25,000 $10,000 against
licensees for each violation of any provision of this
Act relating to the conduct of this wagering, any
rules adopted by the Board, any order of the Board or
any other action which in the Board's discretion, is a
detriment or impediment to such wagering.
(13) The Department of Agriculture may enter into
agreements with licensees authorizing such licensees to
conduct inter-track wagering on races to be held at the
licensed race meetings conducted by the Department of
Agriculture. Such agreement shall specify the races of the
Department of Agriculture's licensed race meeting upon
which the licensees will conduct wagering. In the event

SB2885 - 84 - LRB104 17811 LNS 31244 b
that a licensee conducts inter-track pari-mutuel wagering
on races from the Illinois State Fair or DuQuoin State
Fair which are in addition to the licensee's previously
approved racing program, those races shall be considered a
separate racing day for the purpose of determining the
daily handle and computing the privilege or pari-mutuel
tax on that daily handle as provided in Sections 27 and
27.1. Such agreements shall be approved by the Board
before such wagering may be conducted. In determining
whether to grant approval, the Board shall give due
consideration to the best interests of the public and of
horse racing. The provisions of paragraphs (1), (8),
(8.1), and (8.2) of subsection (h) of this Section which
are not specified in this paragraph (13) shall not apply
to licensed race meetings conducted by the Department of
Agriculture at the Illinois State Fair in Sangamon County
or the DuQuoin State Fair in Perry County, or to any
wagering conducted on those race meetings.
(14) An inter-track wagering location license
authorized by the Board in 2016 that is owned and operated
by a race track in Rock Island County shall be transferred
to a commonly owned race track in Cook County on August 12,
2016 (the effective date of Public Act 99-757). The
licensee shall retain its status in relation to purse
distribution under paragraph (11) of this subsection (h)
following the transfer to the new entity. The pari-mutuel

SB2885 - 85 - LRB104 17811 LNS 31244 b
tax credit under Section 32.1 shall not be applied toward
any pari-mutuel tax obligation of the inter-track wagering
location licensee of the license that is transferred under
this paragraph (14).
(i) Notwithstanding the other provisions of this Act, the
conduct of wagering at wagering facilities is authorized on
all days, except as limited by subsection (b) of Section 19 of
this Act.
(Source: P.A. 104-185, eff. 8-15-25.)
(230 ILCS 5/27.2)
Sec. 27.2. Withholding of delinquent child support.
(a) From winnings required to be reported to the Internal
Revenue Service and subject to withholding on Form W-2G,
organization licensees and advance deposit wagering licensees
licensed under this Act shall withhold up to the full amount of
winnings necessary to pay the winner's past due child support
amount as certified by the Department of Healthcare and Family
Services under Section 10-17.15 of the Illinois Public Aid
Code. Amounts withheld shall be paid to the Department of
Healthcare and Family Services by the organization licensee or
the advance deposit wagering licensee, as applicable.
(b) For withholding of winnings, the organization licensee
or advance deposit wagering licensee shall be entitled to an
administrative fee not to exceed the lesser of 4% of the total
amount of cash winnings paid to the gambling winner or $150.

SB2885 - 86 - LRB104 17811 LNS 31244 b
(c) In no event may the total amount withheld from the cash
payout, including the administrative fee, exceed the total
cash winnings claimed by the obligor. If the cash payout
claimed is greater than the amount sufficient to satisfy the
obligor's delinquent child support payments, the organization
licensee or advance deposit wagering licensee shall pay the
obligor the remaining balance of the payout, less the
administrative fee authorized by subsection (b) of this
Section, at the time it is claimed.
(d) An organization licensee or an advance deposit
wagering licensee that in good faith complies with the
requirements of this Section shall not be liable to the gaming
winner or any other individual or entity.
(e) For an organization licensee under this Act, an agent
of the Board (such as an employee of the Board) shall be
responsible for notifying the person identified as being
delinquent in child support payments that the organization
licensee is required by law to withhold all or a portion of the
person's his or her winnings. This notification must be
provided at the time the winnings are withheld.
(f) The provisions of this Section shall be operative on
and after the date that rules are adopted by the Department of
Healthcare and Family Services pursuant to Section 10-17.15 of
the Illinois Public Aid Code.
(g) The delinquent child support required to be withheld
under this Section and the administrative fee under subsection

SB2885 - 87 - LRB104 17811 LNS 31244 b
(b) of this Section have priority over any secured or
unsecured claim on cash winnings, except claims for federal or
State taxes that are required to be withheld under federal or
State law.
(Source: P.A. 98-318, eff. 8-12-13.)
(230 ILCS 5/31.1) (from Ch. 8, par. 37-31.1)
Sec. 31.1. (a) Unless subsection (a-5) applies,
organization licensees collectively shall contribute annually
to charity the sum of $750,000 to non-profit organizations
that provide medical and family, counseling, and similar
services to persons who reside or work on the backstretch of
Illinois racetracks. Unless subsection (a-5) applies, these
contributions shall be collected as follows: (i) no later than
July 1st of each year the Board shall assess each organization
licensee, except those tracks located in Madison County, which
tracks shall pay $30,000 annually apiece into the Board
charity fund, that amount which equals $750,000 $690,000
multiplied by the amount of pari-mutuel wagering handled by
the organization licensee in the year preceding assessment and
divided by the total pari-mutuel wagering handled by all
Illinois organization licensees, except those tracks located
in Madison and Rock Island counties, in the year preceding
assessment; (ii) notice of the assessed contribution shall be
mailed to each organization licensee; (iii) no later than
September 1st of each year within thirty days of its receipt of

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such notice, each organization licensee shall remit the
assessed contribution to the Board. Unless subsection (a-5)
applies, if an organization licensee commences operation of
gaming at its facility pursuant to an organization gaming
license under the Illinois Gambling Act, then the organization
licensee shall contribute an additional $83,000 per year
beginning in the year subsequent to the first year in which the
organization licensee begins receiving funds from gaming
pursuant to an organization gaming license. If an organization
licensee willfully wilfully fails to so remit the
contribution, the Board may revoke its license to conduct
horse racing.
(a-5) If (1) an organization licensee that did not operate
live racing in 2017 is awarded racing dates in 2018 or in any
subsequent year and (2) all organization licensees are
operating gaming pursuant to an organization gaming license
under the Illinois Gambling Act, then subsection (a) does not
apply and organization licensees collectively shall contribute
annually to charity the sum of $1,000,000 to non-profit
organizations that provide medical and family, counseling, and
similar services to persons who reside or work on the
backstretch of Illinois racetracks. These contributions shall
be collected as follows: (i) no later than July 1st of each
year the Board shall assess each organization licensee an
amount based on the proportionate amount of live racing days
in the calendar year for which the Board has awarded to the

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organization licensee out of the total aggregate number of
live racing days awarded; (ii) notice of the assessed
contribution shall be mailed to each organization licensee;
(iii) no later than September 1st of each year within 30 days
after its receipt of such notice, each organization licensee
shall remit the assessed contribution to the Board. If an
organization licensee willfully fails to so remit the
contribution, the Board may revoke its license to conduct
horse racing.
(b) No later than October 1st of each year, any qualified
charitable organization seeking an allotment of contributed
funds shall submit to the Board an application for those
funds, using the Board's approved form. The Board shall
distribute all such amounts collected that year to such
charitable organization applicants on a schedule determined by
the Board, based on the charitable organization's estimated
expenditures related to this grant. Any funds not expended by
the grantee in a grant year shall be distributed to the
charitable organization or charitable organizations selected
in the next grant year after the funds are recovered in
addition to the amounts specified in subsections (a) and
(a-5).
(Source: P.A. 104-185, eff. 8-15-25.)
(230 ILCS 5/40) (from Ch. 8, par. 37-40)
Sec. 40. (a) The imposition of any fine or penalty

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provided in this Act shall not preclude the Board in its rules
and regulations from imposing a fine or penalty for any other
action which, in the Board's discretion, is a detriment or
impediment to horse racing.
(b) The Director of Agriculture or the Director's his or
her authorized representative shall impose the following
monetary penalties and hold administrative hearings as
required for failure to submit the following applications,
lists, or reports within the time period, date or manner
required by statute or rule or for removing a foal from
Illinois prior to inspection:
(1) late filing of a renewal application for offering
or standing stallion for service:
(A) if an application is submitted no more than 30
days late, $50;
(B) if an application is submitted no more than 45
days late, $150; or
(C) if an application is submitted more than 45
days late, if filing of the application is allowed
under an administrative hearing, $250;
(2) late filing of list or report of mares bred:
(A) if a list or report is submitted no more than
30 days late, $50;
(B) if a list or report is submitted no more than
60 days late, $150; or
(C) if a list or report is submitted more than 60

SB2885 - 91 - LRB104 17811 LNS 31244 b
days late, if filing of the list or report is allowed
under an administrative hearing, $250;
(3) filing an Illinois foaled thoroughbred mare status
report after the statutory deadline as provided in
subsection (k) of Section 30 of this Act:
(A) if a report is submitted no more than 30 days
late, $50;
(B) if a report is submitted no more than 90 days
late, $150;
(C) if a report is submitted no more than 150 days
late, $250; or
(D) if a report is submitted more than 150 days
late, if filing of the report is allowed under an
administrative hearing, $500;
(4) late filing of application for foal eligibility
certificate:
(A) if an application is submitted no more than 30
days late, $50;
(B) if an application is submitted no more than 90
days late, $150;
(C) if an application is submitted no more than
150 days late, $250; or
(D) if an application is submitted more than 150
days late, if filing of the application is allowed
under an administrative hearing, $500;
(5) failure to report the intent to remove a foal from

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Illinois prior to inspection, identification and
certification by a Department of Agriculture investigator,
$50; and
(6) if a list or report of mares bred is incomplete,
$50 per mare not included on the list or report.
Any person upon whom monetary penalties are imposed under
this Section 3 times within a 5-year period shall have any
further monetary penalties imposed at double the amounts set
forth above. All monies assessed and collected for violations
relating to thoroughbreds shall be paid into the Illinois
Thoroughbred Breeders Fund. All monies assessed and collected
for violations relating to standardbreds shall be paid into
the Illinois Standardbred Breeders Fund.
(Source: P.A. 100-201, eff. 8-18-17; 101-31, eff. 6-28-19.)
Section 99. Effective date. This Act takes effect upon
becoming law.
SB2885 - 93 - LRB104 17811 LNS 31244 b
INDEX
Statutes amended in order of appearance
230 ILCS 5/6 from Ch. 8, par. 37-6
230 ILCS 5/9 from Ch. 8, par. 37-9
230 ILCS 5/10 from Ch. 8, par. 37-10
230 ILCS 5/12 from Ch. 8, par. 37-12
230 ILCS 5/13 from Ch. 8, par. 37-13
230 ILCS 5/14 from Ch. 8, par. 37-14
230 ILCS 5/15 from Ch. 8, par. 37-15
230 ILCS 5/15.3 from Ch. 8, par. 37-15.3
230 ILCS 5/16 from Ch. 8, par. 37-16
230 ILCS 5/19 from Ch. 8, par. 37-19
230 ILCS 5/20 from Ch. 8, par. 37-20
230 ILCS 5/24 from Ch. 8, par. 37-24
230 ILCS 5/26 from Ch. 8, par. 37-26
230 ILCS 5/27.2
230 ILCS 5/31.1 from Ch. 8, par. 37-31.1
230 ILCS 5/40 from Ch. 8, par. 37-40