Bill Text: IL SB0066 | 2013-2014 | 98th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Riverboat Gambling Act. Provides that a supplier shall permanently affix its name or a distinctive logo or other mark or design element identifying the manufacturer or supplier (was, its name) to all its equipment, devices, and supplies for gambling operations. Provides an exception for gaming chips without a value impressed, engraved, or imprinted on it. Allows the Board to waive the requirement for any specific product or products if it determines that the requirement is not necessary to protect the integrity of the game. Provides that items purchased from a licensed supplier may continue to be used even though the supplier subsequently changes its name, distinctive logo, or other mark or design element; undergoes a change in ownership; or ceases to be licensed as a supplier for any reason. Effective immediately
Spectrum: Moderate Partisan Bill (Democrat 24-3)
Status: (Failed) 2015-01-13 - Session Sine Die [SB0066 Detail]
Download: Illinois-2013-SB0066-Amended.html
Bill Title: Amends the Riverboat Gambling Act. Provides that a supplier shall permanently affix its name or a distinctive logo or other mark or design element identifying the manufacturer or supplier (was, its name) to all its equipment, devices, and supplies for gambling operations. Provides an exception for gaming chips without a value impressed, engraved, or imprinted on it. Allows the Board to waive the requirement for any specific product or products if it determines that the requirement is not necessary to protect the integrity of the game. Provides that items purchased from a licensed supplier may continue to be used even though the supplier subsequently changes its name, distinctive logo, or other mark or design element; undergoes a change in ownership; or ceases to be licensed as a supplier for any reason. Effective immediately
Spectrum: Moderate Partisan Bill (Democrat 24-3)
Status: (Failed) 2015-01-13 - Session Sine Die [SB0066 Detail]
Download: Illinois-2013-SB0066-Amended.html
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1 | AMENDMENT TO SENATE BILL 66
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2 | AMENDMENT NO. ______. Amend Senate Bill 66, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
| ||||||
5 | "Section 5. The Illinois Horse Racing Act of 1975 is | ||||||
6 | amended by changing Sections 26 and 27 and by adding Sections | ||||||
7 | 26.8 and 26.9 as follows:
| ||||||
8 | (230 ILCS 5/26) (from Ch. 8, par. 37-26)
| ||||||
9 | Sec. 26. Wagering.
| ||||||
10 | (a) Any licensee may conduct and supervise the pari-mutuel | ||||||
11 | system of
wagering, as defined in Section 3.12 of this Act, on | ||||||
12 | horse races conducted by
an Illinois organization
licensee or | ||||||
13 | conducted at a racetrack located in another state or country | ||||||
14 | and
televised in Illinois in accordance with subsection (g) of | ||||||
15 | Section 26 of this
Act. Subject to the prior consent of the | ||||||
16 | Board, licensees may supplement any
pari-mutuel pool in order |
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| |||||||
1 | to guarantee a minimum distribution. Such
pari-mutuel method of | ||||||
2 | wagering shall not,
under any circumstances if conducted under | ||||||
3 | the provisions of this Act,
be held or construed to be | ||||||
4 | unlawful, other statutes of this State to the
contrary | ||||||
5 | notwithstanding.
Subject to rules for advance wagering | ||||||
6 | promulgated by the Board, any
licensee
may accept wagers in | ||||||
7 | advance of the day of
the race wagered upon occurs.
| ||||||
8 | (b) No other method of betting, pool making, wagering or
| ||||||
9 | gambling shall be used or permitted by the licensee. Each | ||||||
10 | licensee
may retain, subject to the payment of all applicable
| ||||||
11 | taxes and purses, an amount not to exceed 17% of all money | ||||||
12 | wagered
under subsection (a) of this Section, except as may | ||||||
13 | otherwise be permitted
under this Act.
| ||||||
14 | (b-5) An individual may place a wager under the pari-mutuel | ||||||
15 | system from
any licensed location authorized under this Act | ||||||
16 | provided that wager is
electronically recorded in the manner | ||||||
17 | described in Section 3.12 of this Act.
Any wager made | ||||||
18 | electronically by an individual while physically on the | ||||||
19 | premises
of a licensee shall be deemed to have been made at the | ||||||
20 | premises of that
licensee.
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21 | (c) Until January 1, 2000, the sum held by any licensee for | ||||||
22 | payment of
outstanding pari-mutuel tickets, if unclaimed prior | ||||||
23 | to December 31 of the
next year, shall be retained by the | ||||||
24 | licensee for payment of
such tickets until that date. Within 10 | ||||||
25 | days thereafter, the balance of
such sum remaining unclaimed, | ||||||
26 | less any uncashed supplements contributed by such
licensee for |
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| |||||||
1 | the purpose of guaranteeing minimum distributions
of any | ||||||
2 | pari-mutuel pool, shall be
paid to the
Illinois
Veterans'
| ||||||
3 | Rehabilitation Fund of the State treasury, except as provided | ||||||
4 | in subsection
(g) of Section 27 of this Act.
| ||||||
5 | (c-5) Beginning January 1, 2000, the sum held by any | ||||||
6 | licensee for payment
of
outstanding pari-mutuel tickets, if | ||||||
7 | unclaimed prior to December 31 of the
next year, shall be | ||||||
8 | retained by the licensee for payment of
such tickets until that | ||||||
9 | date. Within 10 days thereafter, the balance of
such sum | ||||||
10 | remaining unclaimed, less any uncashed supplements contributed | ||||||
11 | by such
licensee for the purpose of guaranteeing minimum | ||||||
12 | distributions
of any pari-mutuel pool, shall be evenly | ||||||
13 | distributed to the purse account of
the organization licensee | ||||||
14 | and the organization licensee.
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15 | (d) A pari-mutuel ticket shall be honored until December 31 | ||||||
16 | of the
next calendar year, and the licensee shall pay the same | ||||||
17 | and may
charge the amount thereof against unpaid money | ||||||
18 | similarly accumulated on account
of pari-mutuel tickets not | ||||||
19 | presented for payment.
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20 | (e) No licensee shall knowingly permit any minor, other
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21 | than an employee of such licensee or an owner, trainer,
jockey, | ||||||
22 | driver, or employee thereof, to be admitted during a racing
| ||||||
23 | program unless accompanied by a parent or guardian, or any | ||||||
24 | minor to be a
patron of the pari-mutuel system of wagering | ||||||
25 | conducted or
supervised by it. The admission of any | ||||||
26 | unaccompanied minor, other than
an employee of the licensee or |
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1 | an owner, trainer, jockey,
driver, or employee thereof at a | ||||||
2 | race track is a Class C
misdemeanor.
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3 | (f) Notwithstanding the other provisions of this Act, an
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4 | organization licensee may contract
with an entity in another | ||||||
5 | state or country to permit any legal
wagering entity in another | ||||||
6 | state or country to accept wagers solely within
such other | ||||||
7 | state or country on races conducted by the organization | ||||||
8 | licensee
in this State.
Beginning January 1, 2000, these wagers
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9 | shall not be subject to State
taxation. Until January 1, 2000,
| ||||||
10 | when the out-of-State entity conducts a pari-mutuel pool
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11 | separate from the organization licensee, a privilege tax equal | ||||||
12 | to 7 1/2% of
all monies received by the organization licensee | ||||||
13 | from entities in other states
or countries pursuant to such | ||||||
14 | contracts is imposed on the organization
licensee, and such | ||||||
15 | privilege tax shall be remitted to the
Department of Revenue
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16 | within 48 hours of receipt of the moneys from the simulcast. | ||||||
17 | When the
out-of-State entity conducts a
combined pari-mutuel | ||||||
18 | pool with the organization licensee, the tax shall be 10%
of | ||||||
19 | all monies received by the organization licensee with 25% of | ||||||
20 | the
receipts from this 10% tax to be distributed to the county
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21 | in which the race was conducted.
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22 | An organization licensee may permit one or more of its | ||||||
23 | races to be
utilized for
pari-mutuel wagering at one or more | ||||||
24 | locations in other states and may
transmit audio and visual | ||||||
25 | signals of races the organization licensee
conducts to one or
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26 | more locations outside the State or country and may also permit |
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1 | pari-mutuel
pools in other states or countries to be combined | ||||||
2 | with its gross or net
wagering pools or with wagering pools | ||||||
3 | established by other states.
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4 | (g) A host track may accept interstate simulcast wagers on
| ||||||
5 | horse
races conducted in other states or countries and shall | ||||||
6 | control the
number of signals and types of breeds of racing in | ||||||
7 | its simulcast program,
subject to the disapproval of the Board. | ||||||
8 | The Board may prohibit a simulcast
program only if it finds | ||||||
9 | that the simulcast program is clearly
adverse to the integrity | ||||||
10 | of racing. The host track
simulcast program shall
include the | ||||||
11 | signal of live racing of all organization licensees.
All | ||||||
12 | non-host licensees and advance deposit wagering licensees | ||||||
13 | shall carry the signal of and accept wagers on live racing of | ||||||
14 | all organization licensees. Advance deposit wagering licensees | ||||||
15 | shall not be permitted to accept out-of-state wagers on any | ||||||
16 | Illinois signal provided pursuant to this Section without the | ||||||
17 | approval and consent of the organization licensee providing the | ||||||
18 | signal. Non-host licensees may carry the host track simulcast | ||||||
19 | program and
shall accept wagers on all races included as part | ||||||
20 | of the simulcast
program upon which wagering is permitted.
All | ||||||
21 | organization licensees shall provide their live signal to all | ||||||
22 | advance deposit wagering licensees for a simulcast commission | ||||||
23 | fee not to exceed 6% of the advance deposit wagering licensee's | ||||||
24 | Illinois handle on the organization licensee's signal without | ||||||
25 | prior approval by the Board. The Board may adopt rules under | ||||||
26 | which it may permit simulcast commission fees in excess of 6%. |
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1 | The Board shall adopt rules limiting the interstate commission | ||||||
2 | fees charged to an advance deposit wagering licensee. The Board | ||||||
3 | shall adopt rules regarding advance deposit wagering on | ||||||
4 | interstate simulcast races that shall reflect, among other | ||||||
5 | things, the General Assembly's desire to maximize revenues to | ||||||
6 | the State, horsemen purses, and organizational licensees. | ||||||
7 | However, organization licensees providing live signals | ||||||
8 | pursuant to the requirements of this subsection (g) may | ||||||
9 | petition the Board to withhold their live signals from an | ||||||
10 | advance deposit wagering licensee if the organization licensee | ||||||
11 | discovers and the Board finds reputable or credible information | ||||||
12 | that the advance deposit wagering licensee is under | ||||||
13 | investigation by another state or federal governmental agency, | ||||||
14 | the advance deposit wagering licensee's license has been | ||||||
15 | suspended in another state, or the advance deposit wagering | ||||||
16 | licensee's license is in revocation proceedings in another | ||||||
17 | state. The organization licensee's provision of their live | ||||||
18 | signal to an advance deposit wagering licensee under this | ||||||
19 | subsection (g) pertains to wagers placed from within Illinois. | ||||||
20 | Advance deposit wagering licensees may place advance deposit | ||||||
21 | wagering terminals at wagering facilities as a convenience to | ||||||
22 | customers. The advance deposit wagering licensee shall not | ||||||
23 | charge or collect any fee from purses for the placement of the | ||||||
24 | advance deposit wagering terminals. The costs and expenses
of | ||||||
25 | the host track and non-host licensees associated
with | ||||||
26 | interstate simulcast
wagering, other than the interstate
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1 | commission fee, shall be borne by the host track and all
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2 | non-host licensees
incurring these costs.
The interstate | ||||||
3 | commission fee shall not exceed 5% of Illinois handle on the
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4 | interstate simulcast race or races without prior approval of | ||||||
5 | the Board. The
Board shall promulgate rules under which it may | ||||||
6 | permit
interstate commission
fees in excess of 5%. The | ||||||
7 | interstate commission
fee and other fees charged by the sending | ||||||
8 | racetrack, including, but not
limited to, satellite decoder | ||||||
9 | fees, shall be uniformly applied
to the host track and all | ||||||
10 | non-host licensees.
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11 | Notwithstanding any other provision of this Act, until | ||||||
12 | December 31, 2015 January 31, 2014 , an organization licensee , | ||||||
13 | with the consent of the horsemen association representing the | ||||||
14 | largest number of owners, trainers, jockeys, or standardbred | ||||||
15 | drivers who race horses at that organization licensee's racing | ||||||
16 | meeting, may maintain a system whereby advance deposit wagering | ||||||
17 | may take place or an organization licensee, with the consent of | ||||||
18 | the horsemen association representing the largest number of | ||||||
19 | owners, trainers, jockeys, or standardbred drivers who race | ||||||
20 | horses at that organization licensee's racing meeting, may | ||||||
21 | contract with another person to carry out a system of advance | ||||||
22 | deposit wagering. Such consent may not be unreasonably | ||||||
23 | withheld. Only with respect to an appeal to the Board that | ||||||
24 | consent for an organization licensee that maintains its own | ||||||
25 | advance deposit wagering system is being unreasonably | ||||||
26 | withheld, the Board shall issue a final order within 30 days |
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1 | after initiation of the appeal, and the organization licensee's | ||||||
2 | advance deposit wagering system may remain operational during | ||||||
3 | that 30-day period. The actions of any organization licensee | ||||||
4 | who conducts advance deposit wagering or any person who has a | ||||||
5 | contract with an organization licensee to conduct advance | ||||||
6 | deposit wagering who conducts advance deposit wagering on or | ||||||
7 | after January 1, 2013 and prior to the effective date of this | ||||||
8 | amendatory Act of the 98th General Assembly taken in reliance | ||||||
9 | on the changes made to this subsection (g) by this amendatory | ||||||
10 | Act of the 98th General Assembly are hereby validated, provided | ||||||
11 | payment of all applicable pari-mutuel taxes are remitted to the | ||||||
12 | Board. All advance deposit wagers placed from within Illinois | ||||||
13 | must be placed through a Board-approved advance deposit | ||||||
14 | wagering licensee; no other entity may accept an advance | ||||||
15 | deposit wager from a person within Illinois. All advance | ||||||
16 | deposit wagering is subject to any rules adopted by the Board. | ||||||
17 | The Board may adopt rules necessary to regulate advance deposit | ||||||
18 | wagering through the use of emergency rulemaking in accordance | ||||||
19 | with Section 5-45 of the Illinois Administrative Procedure Act. | ||||||
20 | The General Assembly finds that the adoption of rules to | ||||||
21 | regulate advance deposit wagering is deemed an emergency and | ||||||
22 | necessary for the public interest, safety, and welfare. An | ||||||
23 | advance deposit wagering licensee may retain all moneys as | ||||||
24 | agreed to by contract with an organization licensee. Any moneys | ||||||
25 | retained by the organization licensee from advance deposit | ||||||
26 | wagering, not including moneys retained by the advance deposit |
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| |||||||
1 | wagering licensee, shall be paid 50% to the organization | ||||||
2 | licensee's purse account and 50% to the organization licensee. | ||||||
3 | Organization licensees that maintain advance deposit wagering | ||||||
4 | systems and advance deposit wagering licensees that contract | ||||||
5 | with organization licensees shall provide sufficiently | ||||||
6 | detailed monthly accountings to the horsemen association | ||||||
7 | representing the largest number of owners, trainers, jockeys, | ||||||
8 | or standardbred drivers who race horses at that organization | ||||||
9 | licensee's racing meeting so that the horsemen association, as | ||||||
10 | an interested party, can confirm the accuracy of the amounts | ||||||
11 | paid to the purse account at the horsemen association's | ||||||
12 | affiliated organization licensee from advance deposit | ||||||
13 | wagering. If more than one breed races at the same race track | ||||||
14 | facility, then the 50% of the moneys to be paid to an | ||||||
15 | organization licensee's purse account shall be allocated among | ||||||
16 | all organization licensees' purse accounts operating at that | ||||||
17 | race track facility proportionately based on the actual number | ||||||
18 | of host days that the Board grants to that breed at that race | ||||||
19 | track facility in the current calendar year. To the extent any | ||||||
20 | fees from advance deposit wagering conducted in Illinois for | ||||||
21 | wagers in Illinois or other states have been placed in escrow | ||||||
22 | or otherwise withheld from wagers pending a determination of | ||||||
23 | the legality of advance deposit wagering, no action shall be | ||||||
24 | brought to declare such wagers or the disbursement of any fees | ||||||
25 | previously escrowed illegal.
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26 | (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
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1 | intertrack wagering
licensee other than the host track may | ||||||
2 | supplement the host track simulcast
program with | ||||||
3 | additional simulcast races or race programs, provided that | ||||||
4 | between
January 1 and the third Friday in February of any | ||||||
5 | year, inclusive, if no live
thoroughbred racing is | ||||||
6 | occurring in Illinois during this period, only
| ||||||
7 | thoroughbred races may be used
for supplemental interstate | ||||||
8 | simulcast purposes. The Board shall withhold
approval for a | ||||||
9 | supplemental interstate simulcast only if it finds that the
| ||||||
10 | simulcast is clearly adverse to the integrity of racing. A | ||||||
11 | supplemental
interstate simulcast may be transmitted from | ||||||
12 | an intertrack wagering licensee to
its affiliated non-host | ||||||
13 | licensees. The interstate commission fee for a
| ||||||
14 | supplemental interstate simulcast shall be paid by the | ||||||
15 | non-host licensee and
its affiliated non-host licensees | ||||||
16 | receiving the simulcast.
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17 | (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
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18 | intertrack wagering
licensee other than the host track may | ||||||
19 | receive supplemental interstate
simulcasts only with the | ||||||
20 | consent of the host track, except when the Board
finds that | ||||||
21 | the simulcast is
clearly adverse to the integrity of | ||||||
22 | racing. Consent granted under this
paragraph (2) to any | ||||||
23 | intertrack wagering licensee shall be deemed consent to
all | ||||||
24 | non-host licensees. The interstate commission fee for the | ||||||
25 | supplemental
interstate simulcast shall be paid
by all | ||||||
26 | participating non-host licensees.
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1 | (3) Each licensee conducting interstate simulcast | ||||||
2 | wagering may retain,
subject to the payment of all | ||||||
3 | applicable taxes and the purses, an amount not to
exceed | ||||||
4 | 17% of all money wagered. If any licensee conducts the | ||||||
5 | pari-mutuel
system wagering on races conducted at | ||||||
6 | racetracks in another state or country,
each such race or | ||||||
7 | race program shall be considered a separate racing day for
| ||||||
8 | the purpose of determining the daily handle and computing | ||||||
9 | the privilege tax of
that daily handle as provided in | ||||||
10 | subsection (a) of Section 27.
Until January 1, 2000,
from | ||||||
11 | the sums permitted to be retained pursuant to this | ||||||
12 | subsection, each
intertrack wagering location licensee | ||||||
13 | shall pay 1% of the pari-mutuel handle
wagered on simulcast | ||||||
14 | wagering to the Horse Racing Tax Allocation Fund, subject
| ||||||
15 | to the provisions of subparagraph (B) of paragraph (11) of | ||||||
16 | subsection (h) of
Section 26 of this Act.
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17 | (4) A licensee who receives an interstate simulcast may | ||||||
18 | combine its gross
or net pools with pools at the sending | ||||||
19 | racetracks pursuant to rules established
by the Board. All | ||||||
20 | licensees combining their gross pools
at a
sending | ||||||
21 | racetrack shall adopt the take-out percentages of the | ||||||
22 | sending
racetrack.
A licensee may also establish a separate | ||||||
23 | pool and takeout structure for
wagering purposes on races | ||||||
24 | conducted at race tracks outside of the
State of Illinois. | ||||||
25 | The licensee may permit pari-mutuel wagers placed in other
| ||||||
26 | states or
countries to be combined with its gross or net |
| |||||||
| |||||||
1 | wagering pools or other
wagering pools.
| ||||||
2 | (5) After the payment of the interstate commission fee | ||||||
3 | (except for the
interstate commission
fee on a supplemental | ||||||
4 | interstate simulcast, which shall be paid by the host
track | ||||||
5 | and by each non-host licensee through the host-track) and | ||||||
6 | all applicable
State and local
taxes, except as provided in | ||||||
7 | subsection (g) of Section 27 of this Act, the
remainder of | ||||||
8 | moneys retained from simulcast wagering pursuant to this
| ||||||
9 | subsection (g), and Section 26.2 shall be divided as | ||||||
10 | follows:
| ||||||
11 | (A) For interstate simulcast wagers made at a host | ||||||
12 | track, 50% to the
host
track and 50% to purses at the | ||||||
13 | host track.
| ||||||
14 | (B) For wagers placed on interstate simulcast | ||||||
15 | races, supplemental
simulcasts as defined in | ||||||
16 | subparagraphs (1) and (2), and separately pooled races
| ||||||
17 | conducted outside of the State of Illinois made at a | ||||||
18 | non-host
licensee, 25% to the host
track, 25% to the | ||||||
19 | non-host licensee, and 50% to the purses at the host | ||||||
20 | track.
| ||||||
21 | (6) Notwithstanding any provision in this Act to the | ||||||
22 | contrary, non-host
licensees
who derive their licenses | ||||||
23 | from a track located in a county with a population in
| ||||||
24 | excess of 230,000 and that borders the Mississippi River | ||||||
25 | may receive
supplemental interstate simulcast races at all | ||||||
26 | times subject to Board approval,
which shall be withheld |
| |||||||
| |||||||
1 | only upon a finding that a supplemental interstate
| ||||||
2 | simulcast is clearly adverse to the integrity of racing.
| ||||||
3 | (7) Notwithstanding any provision of this Act to the | ||||||
4 | contrary, after
payment of all applicable State and local | ||||||
5 | taxes and interstate commission fees,
non-host licensees | ||||||
6 | who derive their licenses from a track located in a county
| ||||||
7 | with a population in excess of 230,000 and that borders the | ||||||
8 | Mississippi River
shall retain 50% of the retention from | ||||||
9 | interstate simulcast wagers and shall
pay 50% to purses at | ||||||
10 | the track from which the non-host licensee derives its
| ||||||
11 | license as follows:
| ||||||
12 | (A) Between January 1 and the third Friday in | ||||||
13 | February, inclusive, if no
live thoroughbred racing is | ||||||
14 | occurring in Illinois during this period, when the
| ||||||
15 | interstate simulcast is a standardbred race, the purse | ||||||
16 | share to its
standardbred purse account;
| ||||||
17 | (B) Between January 1 and the third Friday in | ||||||
18 | February, inclusive, if no
live thoroughbred racing is | ||||||
19 | occurring in Illinois during this period, and the
| ||||||
20 | interstate simulcast is a thoroughbred race, the purse | ||||||
21 | share to its interstate
simulcast purse pool to be | ||||||
22 | distributed under paragraph (10) of this subsection
| ||||||
23 | (g);
| ||||||
24 | (C) Between January 1 and the third Friday in | ||||||
25 | February, inclusive, if
live thoroughbred racing is | ||||||
26 | occurring in Illinois, between 6:30 a.m. and 6:30
p.m. |
| |||||||
| |||||||
1 | the purse share from wagers made during this time | ||||||
2 | period to its
thoroughbred purse account and between | ||||||
3 | 6:30 p.m. and 6:30 a.m. the purse share
from wagers | ||||||
4 | made during this time period to its standardbred purse | ||||||
5 | accounts;
| ||||||
6 | (D) Between the third Saturday in February and | ||||||
7 | December 31, when the
interstate simulcast occurs | ||||||
8 | between the hours of 6:30 a.m. and 6:30 p.m., the
purse | ||||||
9 | share to its thoroughbred purse account;
| ||||||
10 | (E) Between the third Saturday in February and | ||||||
11 | December 31, when the
interstate simulcast occurs | ||||||
12 | between the hours of 6:30 p.m. and 6:30 a.m., the
purse | ||||||
13 | share to its standardbred purse account.
| ||||||
14 | (7.1) Notwithstanding any other provision of this Act | ||||||
15 | to the contrary,
if
no
standardbred racing is conducted at | ||||||
16 | a racetrack located in Madison County
during any
calendar | ||||||
17 | year beginning on or after January 1, 2002, all
moneys | ||||||
18 | derived by
that racetrack from simulcast wagering and | ||||||
19 | inter-track wagering that (1) are to
be used
for purses and | ||||||
20 | (2) are generated between the hours of 6:30 p.m. and 6:30 | ||||||
21 | a.m.
during that
calendar year shall
be paid as follows:
| ||||||
22 | (A) If the licensee that conducts horse racing at | ||||||
23 | that racetrack
requests from the Board at least as many | ||||||
24 | racing dates as were conducted in
calendar year 2000, | ||||||
25 | 80% shall be paid to its thoroughbred purse account; | ||||||
26 | and
|
| |||||||
| |||||||
1 | (B) Twenty percent shall be deposited into the | ||||||
2 | Illinois Colt Stakes
Purse
Distribution
Fund and shall | ||||||
3 | be paid to purses for standardbred races for Illinois | ||||||
4 | conceived
and foaled horses conducted at any county | ||||||
5 | fairgrounds.
The moneys deposited into the Fund | ||||||
6 | pursuant to this subparagraph (B) shall be
deposited
| ||||||
7 | within 2
weeks after the day they were generated, shall | ||||||
8 | be in addition to and not in
lieu of any other
moneys | ||||||
9 | paid to standardbred purses under this Act, and shall | ||||||
10 | not be commingled
with other moneys paid into that | ||||||
11 | Fund. The moneys deposited
pursuant to this | ||||||
12 | subparagraph (B) shall be allocated as provided by the
| ||||||
13 | Department of Agriculture, with the advice and | ||||||
14 | assistance of the Illinois
Standardbred
Breeders Fund | ||||||
15 | Advisory Board.
| ||||||
16 | (7.2) Notwithstanding any other provision of this Act | ||||||
17 | to the contrary, if
no
thoroughbred racing is conducted at | ||||||
18 | a racetrack located in Madison County
during any
calendar | ||||||
19 | year beginning on or after January 1,
2002, all
moneys | ||||||
20 | derived by
that racetrack from simulcast wagering and | ||||||
21 | inter-track wagering that (1) are to
be used
for purses and | ||||||
22 | (2) are generated between the hours of 6:30 a.m. and 6:30 | ||||||
23 | p.m.
during that
calendar year shall
be deposited as | ||||||
24 | follows:
| ||||||
25 | (A) If the licensee that conducts horse racing at | ||||||
26 | that racetrack
requests from the
Board at least
as many |
| |||||||
| |||||||
1 | racing dates as were conducted in calendar year 2000, | ||||||
2 | 80%
shall be deposited into its standardbred purse
| ||||||
3 | account; and
| ||||||
4 | (B) Twenty percent shall be deposited into the | ||||||
5 | Illinois Colt Stakes
Purse
Distribution Fund. Moneys | ||||||
6 | deposited into the Illinois Colt Stakes Purse
| ||||||
7 | Distribution Fund
pursuant to this subparagraph (B) | ||||||
8 | shall be paid to Illinois
conceived and foaled | ||||||
9 | thoroughbred breeders' programs
and to thoroughbred | ||||||
10 | purses for races conducted at any county fairgrounds | ||||||
11 | for
Illinois conceived
and foaled horses at the | ||||||
12 | discretion of the
Department of Agriculture, with the | ||||||
13 | advice and assistance of
the Illinois Thoroughbred | ||||||
14 | Breeders Fund Advisory
Board. The moneys deposited | ||||||
15 | into the Illinois Colt Stakes Purse Distribution
Fund
| ||||||
16 | pursuant to this subparagraph (B) shall be deposited | ||||||
17 | within 2 weeks
after the day they were generated, shall | ||||||
18 | be in addition to and not in
lieu of any other moneys | ||||||
19 | paid to thoroughbred purses
under this Act, and shall | ||||||
20 | not be commingled with other moneys deposited into
that | ||||||
21 | Fund.
| ||||||
22 | (7.3) If no live standardbred racing is conducted at a | ||||||
23 | racetrack located
in
Madison
County in calendar year 2000 | ||||||
24 | or 2001,
an organization licensee who is licensed
to | ||||||
25 | conduct horse racing at that racetrack shall, before | ||||||
26 | January 1, 2002, pay
all
moneys derived from simulcast |
| |||||||
| |||||||
1 | wagering and inter-track wagering in calendar
years 2000 | ||||||
2 | and 2001 and
paid into the licensee's standardbred purse | ||||||
3 | account as follows:
| ||||||
4 | (A) Eighty percent to that licensee's thoroughbred | ||||||
5 | purse account to
be used for thoroughbred purses; and
| ||||||
6 | (B) Twenty percent to the Illinois Colt Stakes | ||||||
7 | Purse Distribution
Fund.
| ||||||
8 | Failure to make the payment to the Illinois Colt Stakes | ||||||
9 | Purse Distribution
Fund before January 1, 2002
shall
result | ||||||
10 | in the immediate revocation of the licensee's organization
| ||||||
11 | license, inter-track wagering license, and inter-track | ||||||
12 | wagering location
license.
| ||||||
13 | Moneys paid into the Illinois
Colt Stakes Purse | ||||||
14 | Distribution Fund pursuant to this
paragraph (7.3) shall be | ||||||
15 | paid to purses for standardbred
races for Illinois | ||||||
16 | conceived and foaled horses conducted
at any county
| ||||||
17 | fairgrounds.
Moneys paid into the Illinois
Colt Stakes | ||||||
18 | Purse Distribution Fund pursuant to this
paragraph (7.3) | ||||||
19 | shall be used as determined by the
Department of | ||||||
20 | Agriculture, with the advice and assistance of the
Illinois | ||||||
21 | Standardbred Breeders Fund Advisory Board, shall be in | ||||||
22 | addition to
and not in lieu of any other moneys paid to | ||||||
23 | standardbred purses under this Act,
and shall not be | ||||||
24 | commingled
with any other moneys paid into that Fund.
| ||||||
25 | (7.4) If live standardbred racing is conducted at a | ||||||
26 | racetrack located in
Madison
County at any time in calendar |
| |||||||
| |||||||
1 | year 2001 before the payment required
under
paragraph (7.3) | ||||||
2 | has been made, the organization licensee who is licensed to
| ||||||
3 | conduct
racing at that racetrack shall pay all moneys | ||||||
4 | derived by that racetrack from
simulcast
wagering and | ||||||
5 | inter-track wagering during calendar years 2000 and 2001 | ||||||
6 | that (1)
are to be
used for purses and (2) are generated | ||||||
7 | between the hours of 6:30 p.m. and 6:30
a.m.
during 2000 or | ||||||
8 | 2001 to the standardbred purse account at that
racetrack to
| ||||||
9 | be used for standardbred purses.
| ||||||
10 | (8) Notwithstanding any provision in this Act to the | ||||||
11 | contrary, an
organization licensee from a track located in | ||||||
12 | a county with a population in
excess of 230,000 and that | ||||||
13 | borders the Mississippi River and its affiliated
non-host | ||||||
14 | licensees shall not be entitled to share in any retention | ||||||
15 | generated on
racing, inter-track wagering, or simulcast | ||||||
16 | wagering at any other Illinois
wagering facility.
| ||||||
17 | (8.1) Notwithstanding any provisions in this Act to the | ||||||
18 | contrary, if 2
organization licensees
are conducting | ||||||
19 | standardbred race meetings concurrently
between the hours | ||||||
20 | of 6:30 p.m. and 6:30 a.m., after payment of all applicable
| ||||||
21 | State and local taxes and interstate commission fees, the | ||||||
22 | remainder of the
amount retained from simulcast wagering | ||||||
23 | otherwise attributable to the host
track and to host track | ||||||
24 | purses shall be split daily between the 2
organization | ||||||
25 | licensees and the purses at the tracks of the 2 | ||||||
26 | organization
licensees, respectively, based on each |
| |||||||
| |||||||
1 | organization licensee's share
of the total live handle for | ||||||
2 | that day,
provided that this provision shall not apply to | ||||||
3 | any non-host licensee that
derives its license from a track | ||||||
4 | located in a county with a population in
excess of 230,000 | ||||||
5 | and that borders the Mississippi River.
| ||||||
6 | (9) (Blank).
| ||||||
7 | (10) (Blank).
| ||||||
8 | (11) (Blank).
| ||||||
9 | (12) The Board shall have authority to compel all host | ||||||
10 | tracks to receive
the simulcast of any or all races | ||||||
11 | conducted at the Springfield or DuQuoin State
fairgrounds | ||||||
12 | and include all such races as part of their simulcast | ||||||
13 | programs.
| ||||||
14 | (13) Notwithstanding any other provision of this Act, | ||||||
15 | in the event that
the total Illinois pari-mutuel handle on | ||||||
16 | Illinois horse races at all wagering
facilities in any | ||||||
17 | calendar year is less than 75% of the total Illinois
| ||||||
18 | pari-mutuel handle on Illinois horse races at all such | ||||||
19 | wagering facilities for
calendar year 1994, then each | ||||||
20 | wagering facility that has an annual total
Illinois | ||||||
21 | pari-mutuel handle on Illinois horse races that is less | ||||||
22 | than 75% of
the total Illinois pari-mutuel handle on | ||||||
23 | Illinois horse races at such wagering
facility for calendar | ||||||
24 | year 1994, shall be permitted to receive, from any amount
| ||||||
25 | otherwise
payable to the purse account at the race track | ||||||
26 | with which the wagering facility
is affiliated in the |
| |||||||
| |||||||
1 | succeeding calendar year, an amount equal to 2% of the
| ||||||
2 | differential in total Illinois pari-mutuel handle on | ||||||
3 | Illinois horse
races at the wagering facility between that | ||||||
4 | calendar year in question and 1994
provided, however, that | ||||||
5 | a
wagering facility shall not be entitled to any such | ||||||
6 | payment until the Board
certifies in writing to the | ||||||
7 | wagering facility the amount to which the wagering
facility | ||||||
8 | is entitled
and a schedule for payment of the amount to the | ||||||
9 | wagering facility, based on:
(i) the racing dates awarded | ||||||
10 | to the race track affiliated with the wagering
facility | ||||||
11 | during the succeeding year; (ii) the sums available or | ||||||
12 | anticipated to
be available in the purse account of the | ||||||
13 | race track affiliated with the
wagering facility for purses | ||||||
14 | during the succeeding year; and (iii) the need to
ensure | ||||||
15 | reasonable purse levels during the payment period.
The | ||||||
16 | Board's certification
shall be provided no later than | ||||||
17 | January 31 of the succeeding year.
In the event a wagering | ||||||
18 | facility entitled to a payment under this paragraph
(13) is | ||||||
19 | affiliated with a race track that maintains purse accounts | ||||||
20 | for both
standardbred and thoroughbred racing, the amount | ||||||
21 | to be paid to the wagering
facility shall be divided | ||||||
22 | between each purse account pro rata, based on the
amount of | ||||||
23 | Illinois handle on Illinois standardbred and thoroughbred | ||||||
24 | racing
respectively at the wagering facility during the | ||||||
25 | previous calendar year.
Annually, the General Assembly | ||||||
26 | shall appropriate sufficient funds from the
General |
| |||||||
| |||||||
1 | Revenue Fund to the Department of Agriculture for payment | ||||||
2 | into the
thoroughbred and standardbred horse racing purse | ||||||
3 | accounts at
Illinois pari-mutuel tracks. The amount paid to | ||||||
4 | each purse account shall be
the amount certified by the | ||||||
5 | Illinois Racing Board in January to be
transferred from | ||||||
6 | each account to each eligible racing facility in
accordance | ||||||
7 | with the provisions of this Section.
| ||||||
8 | (h) The Board may approve and license the conduct of | ||||||
9 | inter-track wagering
and simulcast wagering by inter-track | ||||||
10 | wagering licensees and inter-track
wagering location licensees | ||||||
11 | subject to the following terms and conditions:
| ||||||
12 | (1) Any person licensed to conduct a race meeting (i) | ||||||
13 | at a track where
60 or more days of racing were conducted | ||||||
14 | during the immediately preceding
calendar year or where | ||||||
15 | over the 5 immediately preceding calendar years an
average | ||||||
16 | of 30 or more days of racing were conducted annually may be | ||||||
17 | issued an
inter-track wagering license; (ii) at a track
| ||||||
18 | located in a county that is bounded by the Mississippi | ||||||
19 | River, which has a
population of less than 150,000 | ||||||
20 | according to the 1990 decennial census, and an
average of | ||||||
21 | at least 60 days of racing per year between 1985 and 1993 | ||||||
22 | may be
issued an inter-track wagering license; or (iii) at | ||||||
23 | a track
located in Madison
County that conducted at least | ||||||
24 | 100 days of live racing during the immediately
preceding
| ||||||
25 | calendar year may be issued an inter-track wagering | ||||||
26 | license, unless a lesser
schedule of
live racing is the |
| |||||||
| |||||||
1 | result of (A) weather, unsafe track conditions, or other
| ||||||
2 | acts of God; (B)
an agreement between the organization | ||||||
3 | licensee and the associations
representing the
largest | ||||||
4 | number of owners, trainers, jockeys, or standardbred | ||||||
5 | drivers who race
horses at
that organization licensee's | ||||||
6 | racing meeting; or (C) a finding by the Board of
| ||||||
7 | extraordinary circumstances and that it was in the best | ||||||
8 | interest of the public
and the sport to conduct fewer than | ||||||
9 | 100 days of live racing. Any such person
having operating | ||||||
10 | control of the racing facility may also receive up to 10 6
| ||||||
11 | inter-track wagering
location licenses. In no event shall | ||||||
12 | more than 10 6 inter-track wagering
locations be | ||||||
13 | established for each eligible race track . , except that an
| ||||||
14 | eligible race track located in a county that has a | ||||||
15 | population of more than
230,000 and that is bounded by the | ||||||
16 | Mississippi River may establish up to 7
inter-track | ||||||
17 | wagering locations.
An application for
said license shall | ||||||
18 | be filed with the Board prior to such dates as may be
fixed | ||||||
19 | by the Board. With an application for an inter-track
| ||||||
20 | wagering
location license there shall be delivered to the | ||||||
21 | Board a certified check or
bank draft payable to the order | ||||||
22 | of the Board for an amount equal to $500.
The application | ||||||
23 | shall be on forms prescribed and furnished by the Board. | ||||||
24 | The
application shall comply with all other rules,
| ||||||
25 | regulations and conditions imposed by the Board in | ||||||
26 | connection therewith.
|
| |||||||
| |||||||
1 | (2) The Board shall examine the applications with | ||||||
2 | respect to their
conformity with this Act and the rules and | ||||||
3 | regulations imposed by the
Board. If found to be in | ||||||
4 | compliance with the Act and rules and regulations
of the | ||||||
5 | Board, the Board may then issue a license to conduct | ||||||
6 | inter-track
wagering and simulcast wagering to such | ||||||
7 | applicant. All such applications
shall be acted upon by the | ||||||
8 | Board at a meeting to be held on such date as may be
fixed | ||||||
9 | by the Board.
| ||||||
10 | (3) In granting licenses to conduct inter-track | ||||||
11 | wagering and simulcast
wagering, the Board shall give due | ||||||
12 | consideration to
the best interests of the
public, of horse | ||||||
13 | racing, and of maximizing revenue to the State.
| ||||||
14 | (4) Prior to the issuance of a license to conduct | ||||||
15 | inter-track wagering
and simulcast wagering,
the applicant | ||||||
16 | shall file with the Board a bond payable to the State of | ||||||
17 | Illinois
in the sum of $50,000, executed by the applicant | ||||||
18 | and a surety company or
companies authorized to do business | ||||||
19 | in this State, and conditioned upon
(i) the payment by the | ||||||
20 | licensee of all taxes due under Section 27 or 27.1
and any | ||||||
21 | other monies due and payable under this Act, and (ii)
| ||||||
22 | distribution by the licensee, upon presentation of the | ||||||
23 | winning ticket or
tickets, of all sums payable to the | ||||||
24 | patrons of pari-mutuel pools.
| ||||||
25 | (5) Each license to conduct inter-track wagering and | ||||||
26 | simulcast
wagering shall specify the person
to whom it is |
| |||||||
| |||||||
1 | issued, the dates on which such wagering is permitted, and
| ||||||
2 | the track or location where the wagering is to be | ||||||
3 | conducted.
| ||||||
4 | (6) All wagering under such license is subject to this | ||||||
5 | Act and to the
rules and regulations from time to time | ||||||
6 | prescribed by the Board, and every
such license issued by | ||||||
7 | the Board shall contain a recital to that effect.
| ||||||
8 | (7) An inter-track wagering licensee or inter-track | ||||||
9 | wagering location
licensee may accept wagers at the track | ||||||
10 | or location
where it is licensed, or as otherwise provided | ||||||
11 | under this Act.
| ||||||
12 | (8) Inter-track wagering or simulcast wagering shall | ||||||
13 | not be
conducted
at any track less than 5 miles from a | ||||||
14 | track at which a racing meeting is in
progress.
| ||||||
15 | (8.1) Inter-track wagering location
licensees who | ||||||
16 | derive their licenses from a particular organization | ||||||
17 | licensee
shall conduct inter-track wagering and simulcast | ||||||
18 | wagering only at locations
which are either within 90
miles | ||||||
19 | of that race track where the particular organization | ||||||
20 | licensee is
licensed to conduct racing, or within 135 miles | ||||||
21 | of that race track
where
the particular organization | ||||||
22 | licensee is licensed to conduct racing
in the case
of race | ||||||
23 | tracks in counties of less than 400,000 that were operating | ||||||
24 | on or
before June 1, 1986. However, inter-track wagering | ||||||
25 | and simulcast wagering
shall not
be conducted by those | ||||||
26 | licensees at any location within 5 miles of any race
track |
| |||||||
| |||||||
1 | at which a
horse race meeting has been licensed in the | ||||||
2 | current year, unless the person
having operating control of | ||||||
3 | such race track has given its written consent
to such | ||||||
4 | inter-track wagering location licensees,
which consent
| ||||||
5 | must be filed with the Board at or prior to the time | ||||||
6 | application is made. Inter-track wagering and simulcast | ||||||
7 | wagering shall not be conducted by an inter-track wagering | ||||||
8 | location licensee that derived its license from a | ||||||
9 | particular organization licensee after December 31, 2013 | ||||||
10 | at any location that is within 8 miles of a race track that | ||||||
11 | had an on-track handle of more than $50,000,000 in 2013.
| ||||||
12 | (8.2) Inter-track wagering or simulcast wagering shall | ||||||
13 | not be
conducted by an inter-track
wagering location | ||||||
14 | licensee at any location within 500 feet of an
existing
| ||||||
15 | church or existing school . , nor within 500 feet of the | ||||||
16 | residences
of more than 50 registered voters without
| ||||||
17 | receiving written permission from a majority of the | ||||||
18 | registered
voters at such residences.
Such written | ||||||
19 | permission statements shall be filed with the Board. The
| ||||||
20 | distance of 500 feet shall be measured to the nearest part | ||||||
21 | of any
building
used for worship services, education | ||||||
22 | programs, residential purposes, or
conducting inter-track | ||||||
23 | wagering by an inter-track wagering location
licensee, and | ||||||
24 | not to property boundaries. However, inter-track wagering | ||||||
25 | or
simulcast wagering may be conducted at a site within 500 | ||||||
26 | feet of
a church or , school or residences
of 50 or more |
| |||||||
| |||||||
1 | registered voters if such church or , school
or residences | ||||||
2 | has have been erected
or established , or such voters have | ||||||
3 | been registered, after
the Board issues
the original | ||||||
4 | inter-track wagering location license at the site in | ||||||
5 | question.
Inter-track wagering location licensees may | ||||||
6 | conduct inter-track wagering
and simulcast wagering only | ||||||
7 | in areas that are zoned for
commercial or manufacturing | ||||||
8 | purposes or
in areas for which a special use has been | ||||||
9 | approved by the local zoning
authority. However, no license | ||||||
10 | to conduct inter-track wagering and simulcast
wagering | ||||||
11 | shall be
granted by the Board with respect to any | ||||||
12 | inter-track wagering location
within the jurisdiction of | ||||||
13 | any local zoning authority which has, by
ordinance or by | ||||||
14 | resolution, prohibited the establishment of an inter-track
| ||||||
15 | wagering location within its jurisdiction. However, | ||||||
16 | inter-track wagering
and simulcast wagering may be | ||||||
17 | conducted at a site if such ordinance or
resolution is | ||||||
18 | enacted after
the Board licenses the original inter-track | ||||||
19 | wagering location
licensee for the site in question.
| ||||||
20 | (9) (Blank).
| ||||||
21 | (10) An inter-track wagering licensee or an | ||||||
22 | inter-track wagering
location licensee may retain, subject | ||||||
23 | to the
payment of the privilege taxes and the purses, an | ||||||
24 | amount not to
exceed 17% of all money wagered. Each program | ||||||
25 | of racing conducted by
each inter-track wagering licensee | ||||||
26 | or inter-track wagering location
licensee shall be |
| |||||||
| |||||||
1 | considered a separate racing day for the purpose of
| ||||||
2 | determining the daily handle and computing the privilege | ||||||
3 | tax or pari-mutuel
tax on such daily
handle as provided in | ||||||
4 | Section 27.
| ||||||
5 | (10.1) Except as provided in subsection (g) of Section | ||||||
6 | 27 of this Act,
inter-track wagering location licensees | ||||||
7 | shall pay 1% of the
pari-mutuel handle at each location to | ||||||
8 | the municipality in which such
location is situated and 1% | ||||||
9 | of the pari-mutuel handle at each location to
the county in | ||||||
10 | which such location is situated. In the event that an
| ||||||
11 | inter-track wagering location licensee is situated in an | ||||||
12 | unincorporated
area of a county, such licensee shall pay 2% | ||||||
13 | of the pari-mutuel handle from
such location to such | ||||||
14 | county.
| ||||||
15 | (10.2) Notwithstanding any other provision of this | ||||||
16 | Act, with respect to
intertrack wagering at a race track | ||||||
17 | located in a
county that has a population of
more than | ||||||
18 | 230,000 and that is bounded by the Mississippi River ("the | ||||||
19 | first race
track"), or at a facility operated by an | ||||||
20 | inter-track wagering licensee or
inter-track wagering | ||||||
21 | location licensee that derives its license from the
| ||||||
22 | organization licensee that operates the first race track, | ||||||
23 | on races conducted at
the first race track or on races | ||||||
24 | conducted at another Illinois race track
and | ||||||
25 | simultaneously televised to the first race track or to a | ||||||
26 | facility operated
by an inter-track wagering licensee or |
| |||||||
| |||||||
1 | inter-track wagering location licensee
that derives its | ||||||
2 | license from the organization licensee that operates the | ||||||
3 | first
race track, those moneys shall be allocated as | ||||||
4 | follows:
| ||||||
5 | (A) That portion of all moneys wagered on | ||||||
6 | standardbred racing that is
required under this Act to | ||||||
7 | be paid to purses shall be paid to purses for
| ||||||
8 | standardbred races.
| ||||||
9 | (B) That portion of all moneys wagered on | ||||||
10 | thoroughbred racing
that is required under this Act to | ||||||
11 | be paid to purses shall be paid to purses
for | ||||||
12 | thoroughbred races.
| ||||||
13 | (11) (A) After payment of the privilege or pari-mutuel | ||||||
14 | tax, any other
applicable
taxes, and
the costs and expenses | ||||||
15 | in connection with the gathering, transmission, and
| ||||||
16 | dissemination of all data necessary to the conduct of | ||||||
17 | inter-track wagering,
the remainder of the monies retained | ||||||
18 | under either Section 26 or Section 26.2
of this Act by the | ||||||
19 | inter-track wagering licensee on inter-track wagering
| ||||||
20 | shall be allocated with 50% to be split between the
2 | ||||||
21 | participating licensees and 50% to purses, except
that an | ||||||
22 | intertrack wagering licensee that derives its
license from | ||||||
23 | a track located in a county with a population in excess of | ||||||
24 | 230,000
and that borders the Mississippi River shall not | ||||||
25 | divide any remaining
retention with the Illinois | ||||||
26 | organization licensee that provides the race or
races, and |
| |||||||
| |||||||
1 | an intertrack wagering licensee that accepts wagers on | ||||||
2 | races
conducted by an organization licensee that conducts a | ||||||
3 | race meet in a county
with a population in excess of | ||||||
4 | 230,000 and that borders the Mississippi River
shall not | ||||||
5 | divide any remaining retention with that organization | ||||||
6 | licensee.
| ||||||
7 | (B) From the
sums permitted to be retained pursuant to | ||||||
8 | this Act each inter-track wagering
location licensee shall | ||||||
9 | pay (i) the privilege or pari-mutuel tax to the
State; (ii) | ||||||
10 | 4.75% of the
pari-mutuel handle on intertrack wagering at | ||||||
11 | such location on
races as purses, except that
an intertrack | ||||||
12 | wagering location licensee that derives its license from a
| ||||||
13 | track located in a county with a population in excess of | ||||||
14 | 230,000 and that
borders the Mississippi River shall retain | ||||||
15 | all purse moneys for its own purse
account consistent with | ||||||
16 | distribution set forth in this subsection (h), and
| ||||||
17 | intertrack wagering location licensees that accept wagers | ||||||
18 | on races
conducted
by an organization licensee located in a | ||||||
19 | county with a population in excess of
230,000 and that | ||||||
20 | borders the Mississippi River shall distribute all purse
| ||||||
21 | moneys to purses at the operating host track; (iii) until | ||||||
22 | January 1, 2000,
except as
provided in
subsection (g) of | ||||||
23 | Section 27 of this Act, 1% of the
pari-mutuel handle | ||||||
24 | wagered on inter-track wagering and simulcast wagering at
| ||||||
25 | each inter-track wagering
location licensee facility to | ||||||
26 | the Horse Racing Tax Allocation Fund, provided
that, to the |
| |||||||
| |||||||
1 | extent the total amount collected and distributed to the | ||||||
2 | Horse
Racing Tax Allocation Fund under this subsection (h) | ||||||
3 | during any calendar year
exceeds the amount collected and | ||||||
4 | distributed to the Horse Racing Tax Allocation
Fund during | ||||||
5 | calendar year 1994, that excess amount shall be | ||||||
6 | redistributed (I)
to all inter-track wagering location | ||||||
7 | licensees, based on each licensee's
pro-rata share of the | ||||||
8 | total handle from inter-track wagering and simulcast
| ||||||
9 | wagering for all inter-track wagering location licensees | ||||||
10 | during the calendar
year in which this provision is | ||||||
11 | applicable; then (II) the amounts redistributed
to each | ||||||
12 | inter-track wagering location licensee as described in | ||||||
13 | subpart (I)
shall be further redistributed as provided in | ||||||
14 | subparagraph (B) of paragraph (5)
of subsection (g) of this | ||||||
15 | Section 26 provided first, that the shares of those
| ||||||
16 | amounts, which are to be redistributed to the host track or | ||||||
17 | to purses at the
host track under subparagraph (B) of | ||||||
18 | paragraph (5) of subsection (g) of this
Section 26 shall be
| ||||||
19 | redistributed based on each host track's pro rata share of | ||||||
20 | the total
inter-track
wagering and simulcast wagering | ||||||
21 | handle at all host tracks during the calendar
year in | ||||||
22 | question, and second, that any amounts redistributed as | ||||||
23 | described in
part (I) to an inter-track wagering location | ||||||
24 | licensee that accepts
wagers on races conducted by an | ||||||
25 | organization licensee that conducts a race meet
in a county | ||||||
26 | with a population in excess of 230,000 and that borders the
|
| |||||||
| |||||||
1 | Mississippi River shall be further redistributed as | ||||||
2 | provided in subparagraphs
(D) and (E) of paragraph (7) of | ||||||
3 | subsection (g) of this Section 26, with the
portion of that
| ||||||
4 | further redistribution allocated to purses at that | ||||||
5 | organization licensee to be
divided between standardbred | ||||||
6 | purses and thoroughbred purses based on the
amounts | ||||||
7 | otherwise allocated to purses at that organization | ||||||
8 | licensee during the
calendar year in question; and (iv) 8% | ||||||
9 | of the pari-mutuel handle on
inter-track wagering wagered | ||||||
10 | at
such location to satisfy all costs and expenses of | ||||||
11 | conducting its wagering. The
remainder of the monies | ||||||
12 | retained by the inter-track wagering location licensee
| ||||||
13 | shall be allocated 40% to the location licensee and 60% to | ||||||
14 | the organization
licensee which provides the Illinois | ||||||
15 | races to the location, except that an
intertrack wagering | ||||||
16 | location
licensee that derives its license from a track | ||||||
17 | located in a county with a
population in excess of 230,000 | ||||||
18 | and that borders the Mississippi River shall
not divide any | ||||||
19 | remaining retention with the organization licensee that | ||||||
20 | provides
the race or races and an intertrack wagering | ||||||
21 | location licensee that accepts
wagers on races conducted by | ||||||
22 | an organization licensee that conducts a race meet
in a | ||||||
23 | county with a population in excess of 230,000 and that | ||||||
24 | borders the
Mississippi River shall not divide any | ||||||
25 | remaining retention with the
organization licensee.
| ||||||
26 | Notwithstanding the provisions of clauses (ii) and (iv) of |
| |||||||
| |||||||
1 | this
paragraph, in the case of the additional inter-track | ||||||
2 | wagering location licenses
authorized under paragraph (1) | ||||||
3 | of this subsection (h) by this amendatory
Act of 1991, | ||||||
4 | those licensees shall pay the following amounts as purses:
| ||||||
5 | during the first 12 months the licensee is in operation, | ||||||
6 | 5.25% of
the
pari-mutuel handle wagered at the location on | ||||||
7 | races; during the second 12
months, 5.25%; during the third | ||||||
8 | 12 months, 5.75%;
during
the fourth 12 months,
6.25%; and | ||||||
9 | during the fifth 12 months and thereafter, 6.75%. The
| ||||||
10 | following amounts shall be retained by the licensee to | ||||||
11 | satisfy all costs
and expenses of conducting its wagering: | ||||||
12 | during the first 12 months the
licensee is in operation, | ||||||
13 | 8.25% of the pari-mutuel handle wagered
at the
location; | ||||||
14 | during the second 12 months, 8.25%; during the third 12
| ||||||
15 | months, 7.75%;
during the fourth 12 months, 7.25%; and | ||||||
16 | during the fifth 12 months
and
thereafter, 6.75%.
For | ||||||
17 | additional intertrack wagering location licensees | ||||||
18 | authorized under this
amendatory
Act of 1995, purses for | ||||||
19 | the first 12 months the licensee is in operation shall
be | ||||||
20 | 5.75% of the pari-mutuel wagered
at the location, purses | ||||||
21 | for the second 12 months the licensee is in operation
shall | ||||||
22 | be 6.25%, and purses
thereafter shall be 6.75%. For | ||||||
23 | additional intertrack location
licensees
authorized under
| ||||||
24 | this amendatory Act of 1995, the licensee shall be allowed | ||||||
25 | to retain to satisfy
all costs and expenses: 7.75% of the | ||||||
26 | pari-mutuel handle wagered at
the location
during its first |
| |||||||
| |||||||
1 | 12 months of operation, 7.25% during its second
12
months | ||||||
2 | of
operation, and 6.75% thereafter.
| ||||||
3 | (C) There is hereby created the Horse Racing Tax | ||||||
4 | Allocation Fund
which shall remain in existence until | ||||||
5 | December 31, 1999. Moneys
remaining in the Fund after | ||||||
6 | December 31, 1999
shall be paid into the
General Revenue | ||||||
7 | Fund. Until January 1, 2000,
all monies paid into the Horse | ||||||
8 | Racing Tax Allocation Fund pursuant to this
paragraph (11) | ||||||
9 | by inter-track wagering location licensees located in park
| ||||||
10 | districts of 500,000 population or less, or in a | ||||||
11 | municipality that is not
included within any park district | ||||||
12 | but is included within a conservation
district and is the | ||||||
13 | county seat of a county that (i) is contiguous to the state
| ||||||
14 | of Indiana and (ii) has a 1990 population of 88,257 | ||||||
15 | according to the United
States Bureau of the Census, and | ||||||
16 | operating on May 1, 1994 shall be
allocated by | ||||||
17 | appropriation as follows:
| ||||||
18 | Two-sevenths to the Department of Agriculture. | ||||||
19 | Fifty percent of
this two-sevenths shall be used to | ||||||
20 | promote the Illinois horse racing and
breeding | ||||||
21 | industry, and shall be distributed by the Department of | ||||||
22 | Agriculture
upon the advice of a 9-member committee | ||||||
23 | appointed by the Governor consisting of
the following | ||||||
24 | members: the Director of Agriculture, who shall serve | ||||||
25 | as
chairman; 2 representatives of organization | ||||||
26 | licensees conducting thoroughbred
race meetings in |
| |||||||
| |||||||
1 | this State, recommended by those licensees; 2 | ||||||
2 | representatives
of organization licensees conducting | ||||||
3 | standardbred race meetings in this State,
recommended | ||||||
4 | by those licensees; a representative of the Illinois
| ||||||
5 | Thoroughbred Breeders and Owners Foundation, | ||||||
6 | recommended by that
Foundation; a representative of | ||||||
7 | the Illinois Standardbred Owners and
Breeders | ||||||
8 | Association, recommended
by that Association; a | ||||||
9 | representative of
the Horsemen's Benevolent and | ||||||
10 | Protective Association or any successor
organization | ||||||
11 | thereto established in Illinois comprised of the | ||||||
12 | largest number of
owners and trainers, recommended by | ||||||
13 | that
Association or that successor organization; and a
| ||||||
14 | representative of the Illinois Harness Horsemen's
| ||||||
15 | Association, recommended by that Association. | ||||||
16 | Committee members shall
serve for terms of 2 years, | ||||||
17 | commencing January 1 of each even-numbered
year. If a | ||||||
18 | representative of any of the above-named entities has | ||||||
19 | not been
recommended by January 1 of any even-numbered | ||||||
20 | year, the Governor shall
appoint a committee member to | ||||||
21 | fill that position. Committee members shall
receive no | ||||||
22 | compensation for their services as members but shall be
| ||||||
23 | reimbursed for all actual and necessary expenses and | ||||||
24 | disbursements incurred
in the performance of their | ||||||
25 | official duties. The remaining 50% of this
| ||||||
26 | two-sevenths shall be distributed to county fairs for |
| |||||||
| |||||||
1 | premiums and
rehabilitation as set forth in the | ||||||
2 | Agricultural Fair Act;
| ||||||
3 | Four-sevenths to park districts or municipalities | ||||||
4 | that do not have a
park district of 500,000 population | ||||||
5 | or less for museum purposes (if an
inter-track wagering | ||||||
6 | location licensee is located in such a park district) | ||||||
7 | or
to conservation districts for museum purposes (if an | ||||||
8 | inter-track wagering
location licensee is located in a | ||||||
9 | municipality that is not included within any
park | ||||||
10 | district but is included within a conservation | ||||||
11 | district and is the county
seat of a county that (i) is | ||||||
12 | contiguous to the state of Indiana and (ii) has a
1990 | ||||||
13 | population of 88,257 according to the United States | ||||||
14 | Bureau of the Census,
except that if the conservation | ||||||
15 | district does not maintain a museum, the monies
shall | ||||||
16 | be allocated equally between the county and the | ||||||
17 | municipality in which the
inter-track wagering | ||||||
18 | location licensee is located for general purposes) or | ||||||
19 | to a
municipal recreation board for park purposes (if | ||||||
20 | an inter-track wagering
location licensee is located | ||||||
21 | in a municipality that is not included within any
park | ||||||
22 | district and park maintenance is the function of the | ||||||
23 | municipal recreation
board and the municipality has a | ||||||
24 | 1990 population of 9,302 according to the
United States | ||||||
25 | Bureau of the Census); provided that the monies are | ||||||
26 | distributed
to each park district or conservation |
| |||||||
| |||||||
1 | district or municipality that does not
have a park | ||||||
2 | district in an amount equal to four-sevenths of the | ||||||
3 | amount
collected by each inter-track wagering location | ||||||
4 | licensee within the park
district or conservation | ||||||
5 | district or municipality for the Fund. Monies that
were | ||||||
6 | paid into the Horse Racing Tax Allocation Fund before | ||||||
7 | the effective date
of this amendatory Act of 1991 by an | ||||||
8 | inter-track wagering location licensee
located in a | ||||||
9 | municipality that is not included within any park | ||||||
10 | district but is
included within a conservation | ||||||
11 | district as provided in this paragraph shall, as
soon | ||||||
12 | as practicable after the effective date of this | ||||||
13 | amendatory Act of 1991, be
allocated and paid to that | ||||||
14 | conservation district as provided in this paragraph.
| ||||||
15 | Any park district or municipality not maintaining a | ||||||
16 | museum may deposit the
monies in the corporate fund of | ||||||
17 | the park district or municipality where the
| ||||||
18 | inter-track wagering location is located, to be used | ||||||
19 | for general purposes;
and
| ||||||
20 | One-seventh to the Agricultural Premium Fund to be | ||||||
21 | used for distribution
to agricultural home economics | ||||||
22 | extension councils in accordance with "An
Act in | ||||||
23 | relation to additional support and finances for the | ||||||
24 | Agricultural and
Home Economic Extension Councils in | ||||||
25 | the several counties of this State and
making an | ||||||
26 | appropriation therefor", approved July 24, 1967.
|
| |||||||
| |||||||
1 | Until January 1, 2000, all other
monies paid into the | ||||||
2 | Horse Racing Tax
Allocation Fund pursuant to
this paragraph | ||||||
3 | (11) shall be allocated by appropriation as follows:
| ||||||
4 | Two-sevenths to the Department of Agriculture. | ||||||
5 | Fifty percent of this
two-sevenths shall be used to | ||||||
6 | promote the Illinois horse racing and breeding
| ||||||
7 | industry, and shall be distributed by the Department of | ||||||
8 | Agriculture upon the
advice of a 9-member committee | ||||||
9 | appointed by the Governor consisting of the
following | ||||||
10 | members: the Director of Agriculture, who shall serve | ||||||
11 | as chairman; 2
representatives of organization | ||||||
12 | licensees conducting thoroughbred race meetings
in | ||||||
13 | this State, recommended by those licensees; 2 | ||||||
14 | representatives of
organization licensees conducting | ||||||
15 | standardbred race meetings in this State,
recommended | ||||||
16 | by those licensees; a representative of the Illinois | ||||||
17 | Thoroughbred
Breeders and Owners Foundation, | ||||||
18 | recommended by that Foundation; a
representative of | ||||||
19 | the Illinois Standardbred Owners and Breeders | ||||||
20 | Association,
recommended by that Association; a | ||||||
21 | representative of the Horsemen's Benevolent
and | ||||||
22 | Protective Association or any successor organization | ||||||
23 | thereto established
in Illinois comprised of the | ||||||
24 | largest number of owners and trainers,
recommended by | ||||||
25 | that Association or that successor organization; and a
| ||||||
26 | representative of the Illinois Harness Horsemen's |
| |||||||
| |||||||
1 | Association, recommended by
that Association. | ||||||
2 | Committee members shall serve for terms of 2 years,
| ||||||
3 | commencing January 1 of each even-numbered year. If a | ||||||
4 | representative of any of
the above-named entities has | ||||||
5 | not been recommended by January 1 of any
even-numbered | ||||||
6 | year, the Governor shall appoint a committee member to | ||||||
7 | fill that
position. Committee members shall receive no | ||||||
8 | compensation for their services
as members but shall be | ||||||
9 | reimbursed for all actual and necessary expenses and
| ||||||
10 | disbursements incurred in the performance of their | ||||||
11 | official duties. The
remaining 50% of this | ||||||
12 | two-sevenths shall be distributed to county fairs for
| ||||||
13 | premiums and rehabilitation as set forth in the | ||||||
14 | Agricultural Fair Act;
| ||||||
15 | Four-sevenths to museums and aquariums located in | ||||||
16 | park districts of over
500,000 population; provided | ||||||
17 | that the monies are distributed in accordance with
the | ||||||
18 | previous year's distribution of the maintenance tax | ||||||
19 | for such museums and
aquariums as provided in Section 2 | ||||||
20 | of the Park District Aquarium and Museum
Act; and
| ||||||
21 | One-seventh to the Agricultural Premium Fund to be | ||||||
22 | used for distribution
to agricultural home economics | ||||||
23 | extension councils in accordance with "An Act
in | ||||||
24 | relation to additional support and finances for the | ||||||
25 | Agricultural and
Home Economic Extension Councils in | ||||||
26 | the several counties of this State and
making an |
| |||||||
| |||||||
1 | appropriation therefor", approved July 24, 1967.
This | ||||||
2 | subparagraph (C) shall be inoperative and of no force | ||||||
3 | and effect on and
after January 1, 2000.
| ||||||
4 | (D) Except as provided in paragraph (11) of this | ||||||
5 | subsection (h),
with respect to purse allocation from | ||||||
6 | intertrack wagering, the monies so
retained shall be | ||||||
7 | divided as follows:
| ||||||
8 | (i) If the inter-track wagering licensee, | ||||||
9 | except an intertrack
wagering licensee that | ||||||
10 | derives its license from an organization
licensee | ||||||
11 | located in a county with a population in excess of | ||||||
12 | 230,000 and bounded
by the Mississippi River, is | ||||||
13 | not conducting its own
race meeting during the same | ||||||
14 | dates, then the entire purse allocation shall be
to | ||||||
15 | purses at the track where the races wagered on are | ||||||
16 | being conducted.
| ||||||
17 | (ii) If the inter-track wagering licensee, | ||||||
18 | except an intertrack
wagering licensee that | ||||||
19 | derives its license from an organization
licensee | ||||||
20 | located in a county with a population in excess of | ||||||
21 | 230,000 and bounded
by the Mississippi River, is | ||||||
22 | also
conducting its own
race meeting during the | ||||||
23 | same dates, then the purse allocation shall be as
| ||||||
24 | follows: 50% to purses at the track where the races | ||||||
25 | wagered on are
being conducted; 50% to purses at | ||||||
26 | the track where the inter-track
wagering licensee |
| |||||||
| |||||||
1 | is accepting such wagers.
| ||||||
2 | (iii) If the inter-track wagering is being | ||||||
3 | conducted by an inter-track
wagering location | ||||||
4 | licensee, except an intertrack wagering location | ||||||
5 | licensee
that derives its license from an | ||||||
6 | organization licensee located in a
county with a | ||||||
7 | population in excess of 230,000 and bounded by the | ||||||
8 | Mississippi
River, the entire purse allocation for | ||||||
9 | Illinois races shall
be to purses at the track | ||||||
10 | where the race meeting being wagered on is being
| ||||||
11 | held.
| ||||||
12 | (12) The Board shall have all powers necessary and | ||||||
13 | proper to fully
supervise and control the conduct of
| ||||||
14 | inter-track wagering and simulcast
wagering by inter-track | ||||||
15 | wagering licensees and inter-track wagering location
| ||||||
16 | licensees, including, but not
limited to the following:
| ||||||
17 | (A) The Board is vested with power to promulgate | ||||||
18 | reasonable rules and
regulations for the purpose of | ||||||
19 | administering the
conduct of this
wagering and to | ||||||
20 | prescribe reasonable rules, regulations and conditions | ||||||
21 | under
which such wagering shall be held and conducted. | ||||||
22 | Such rules and regulations
are to provide for the | ||||||
23 | prevention of practices detrimental to the public
| ||||||
24 | interest and for
the best interests of said wagering | ||||||
25 | and to impose penalties
for violations thereof.
| ||||||
26 | (B) The Board, and any person or persons to whom it |
| |||||||
| |||||||
1 | delegates this
power, is vested with the power to enter | ||||||
2 | the
facilities of any licensee to determine whether | ||||||
3 | there has been
compliance with the provisions of this | ||||||
4 | Act and the rules and regulations
relating to the | ||||||
5 | conduct of such wagering.
| ||||||
6 | (C) The Board, and any person or persons to whom it | ||||||
7 | delegates this
power, may eject or exclude from any | ||||||
8 | licensee's facilities, any person whose
conduct or | ||||||
9 | reputation
is such that his presence on such premises | ||||||
10 | may, in the opinion of the Board,
call into the | ||||||
11 | question the honesty and integrity of, or interfere | ||||||
12 | with the
orderly conduct of such wagering; provided, | ||||||
13 | however, that no person shall
be excluded or ejected | ||||||
14 | from such premises solely on the grounds of race,
| ||||||
15 | color, creed, national origin, ancestry, or sex.
| ||||||
16 | (D) (Blank).
| ||||||
17 | (E) The Board is vested with the power to appoint | ||||||
18 | delegates to execute
any of the powers granted to it | ||||||
19 | under this Section for the purpose of
administering | ||||||
20 | this wagering and any
rules and
regulations
| ||||||
21 | promulgated in accordance with this Act.
| ||||||
22 | (F) The Board shall name and appoint a State | ||||||
23 | director of this wagering
who shall be a representative | ||||||
24 | of the Board and whose
duty it shall
be to supervise | ||||||
25 | the conduct of inter-track wagering as may be provided | ||||||
26 | for
by the rules and regulations of the Board; such |
| |||||||
| |||||||
1 | rules and regulation shall
specify the method of | ||||||
2 | appointment and the Director's powers, authority and
| ||||||
3 | duties.
| ||||||
4 | (G) The Board is vested with the power to impose | ||||||
5 | civil penalties of up
to $5,000 against individuals and | ||||||
6 | up to $10,000 against
licensees for each violation of | ||||||
7 | any provision of
this Act relating to the conduct of | ||||||
8 | this wagering, any
rules adopted
by the Board, any | ||||||
9 | order of the Board or any other action which in the | ||||||
10 | Board's
discretion, is a detriment or impediment to | ||||||
11 | such wagering.
| ||||||
12 | (13) The Department of Agriculture may enter into | ||||||
13 | agreements with
licensees authorizing such licensees to | ||||||
14 | conduct inter-track
wagering on races to be held at the | ||||||
15 | licensed race meetings conducted by the
Department of | ||||||
16 | Agriculture. Such
agreement shall specify the races of the | ||||||
17 | Department of Agriculture's
licensed race meeting upon | ||||||
18 | which the licensees will conduct wagering. In the
event | ||||||
19 | that a licensee
conducts inter-track pari-mutuel wagering | ||||||
20 | on races from the Illinois State Fair
or DuQuoin State Fair | ||||||
21 | which are in addition to the licensee's previously
approved | ||||||
22 | racing program, those races shall be considered a separate | ||||||
23 | racing day
for the
purpose of determining the daily handle | ||||||
24 | and computing the privilege or
pari-mutuel tax on
that | ||||||
25 | daily handle as provided in Sections 27
and 27.1. Such
| ||||||
26 | agreements shall be approved by the Board before such |
| |||||||
| |||||||
1 | wagering may be
conducted. In determining whether to grant | ||||||
2 | approval, the Board shall give
due consideration to the | ||||||
3 | best interests of the public and of horse racing.
The | ||||||
4 | provisions of paragraphs (1), (8), (8.1), and (8.2) of
| ||||||
5 | subsection (h) of this
Section which are not specified in | ||||||
6 | this paragraph (13) shall not apply to
licensed race | ||||||
7 | meetings conducted by the Department of Agriculture at the
| ||||||
8 | Illinois State Fair in Sangamon County or the DuQuoin State | ||||||
9 | Fair in Perry
County, or to any wagering conducted on
those | ||||||
10 | race meetings.
| ||||||
11 | (i) Notwithstanding the other provisions of this Act, the | ||||||
12 | conduct of
wagering at wagering facilities is authorized on all | ||||||
13 | days, except as limited by
subsection (b) of Section 19 of this | ||||||
14 | Act.
| ||||||
15 | (Source: P.A. 97-1060, eff. 8-24-12; 98-18, eff. 6-7-13.)
| ||||||
16 | (230 ILCS 5/26.8 new) | ||||||
17 | Sec. 26.8. Inter-track wagering licensee and inter-track | ||||||
18 | wagering location licensee surcharges. Beginning on the | ||||||
19 | effective date of this amendatory Act of the 98th General | ||||||
20 | Assembly, each inter-track wagering licensee and inter-track | ||||||
21 | wagering location licensee may impose a surcharge of up to 0.5% | ||||||
22 | on winning wagers and winnings from wagers. The surcharge shall | ||||||
23 | be deducted from winnings prior to payout. All amounts | ||||||
24 | collected from the imposition of this surcharge shall be evenly | ||||||
25 | distributed to the organization licensee and the purse account |
| |||||||
| |||||||
1 | of the organization licensee with which the inter-track | ||||||
2 | wagering licensee and inter-track wagering location licensee | ||||||
3 | is affiliated. The amounts distributed under this Section shall | ||||||
4 | be in addition to the amounts received pursuant to paragraph | ||||||
5 | (10) of subsection (h) of Section 26, Section 26.5, and Section | ||||||
6 | 26.7.
| ||||||
7 | (230 ILCS 5/26.9 new) | ||||||
8 | Sec. 26.9. Advance deposit wagering licensee surcharges. | ||||||
9 | Beginning on the effective date of this amendatory Act of the | ||||||
10 | 98th General Assembly, in addition to the surcharge imposed in | ||||||
11 | Section 26.7 of this Act, each advance deposit wagering | ||||||
12 | licensee shall impose a surcharge of 0.9% on winning wagers and | ||||||
13 | winnings from wagers placed through advance deposit wagering. | ||||||
14 | The surcharge shall be deducted from winnings prior to payout. | ||||||
15 | All amounts collected from the surcharge imposed under this | ||||||
16 | Section shall be remitted to the Board. From amounts collected | ||||||
17 | under this Section, the Board shall deposit an amount not to | ||||||
18 | exceed $100,000 into the Quarter Horse Purse Fund and all | ||||||
19 | remaining amounts into the Horse Racing Fund.
| ||||||
20 | (230 ILCS 5/27) (from Ch. 8, par. 37-27) | ||||||
21 | Sec. 27. (a) In addition to the organization license fee | ||||||
22 | provided
by this Act, until January 1, 2000, a
graduated | ||||||
23 | privilege tax is hereby
imposed for conducting
the pari-mutuel | ||||||
24 | system of wagering permitted under this
Act. Until January 1, |
| |||||||
| |||||||
1 | 2000, except as provided in subsection (g) of
Section 27 of | ||||||
2 | this Act, all of
the breakage of each racing day held by any | ||||||
3 | licensee in the State shall be paid
to the State.
Until January | ||||||
4 | 1, 2000, such daily graduated privilege tax shall be paid by
| ||||||
5 | the
licensee from the amount permitted to be retained under | ||||||
6 | this Act.
Until January 1, 2000, each day's
graduated privilege | ||||||
7 | tax, breakage, and Horse Racing Tax Allocation
funds shall be | ||||||
8 | remitted to the Department of Revenue within 48 hours after the
| ||||||
9 | close of the racing day upon which it is assessed or within | ||||||
10 | such other time as
the Board prescribes. The privilege tax | ||||||
11 | hereby imposed, until January
1, 2000, shall be a flat tax at
| ||||||
12 | the rate of 2% of the daily pari-mutuel handle except as | ||||||
13 | provided in Section
27.1. | ||||||
14 | In addition, every organization licensee, except as
| ||||||
15 | provided in Section 27.1 of this Act, which conducts multiple
| ||||||
16 | wagering shall pay, until January 1, 2000,
as a privilege tax | ||||||
17 | on multiple
wagers an amount
equal to 1.25% of all moneys | ||||||
18 | wagered each day on such multiple wagers,
plus an additional | ||||||
19 | amount equal to 3.5% of the amount wagered each day on any
| ||||||
20 | other multiple wager which involves a single
betting interest | ||||||
21 | on 3 or more horses. The licensee shall remit the amount of
| ||||||
22 | such taxes to the Department of Revenue within 48 hours after | ||||||
23 | the close of
the racing day on which it is assessed or within | ||||||
24 | such other time as the Board
prescribes. | ||||||
25 | This subsection (a) shall be inoperative and of no force | ||||||
26 | and effect on and
after January 1, 2000. |
| |||||||
| |||||||
1 | (a-5) Beginning on January 1, 2000, a
flat
pari-mutuel tax | ||||||
2 | at the rate of 1.5% of
the daily
pari-mutuel handle is imposed | ||||||
3 | at all pari-mutuel wagering facilities and on advance deposit | ||||||
4 | wagering from a location other than a wagering facility, except | ||||||
5 | as otherwise provided for in this subsection (a-5). In addition | ||||||
6 | to the pari-mutuel tax imposed on advance deposit wagering | ||||||
7 | pursuant to this subsection (a-5), beginning on the effective | ||||||
8 | date of this amendatory Act of the 97th General Assembly until | ||||||
9 | December 31, 2015 January 31, 2014 , an additional pari-mutuel | ||||||
10 | tax at the rate of 0.25% shall be imposed on advance deposit | ||||||
11 | wagering. Until August 25, 2012, the additional 0.25% | ||||||
12 | pari-mutuel tax imposed on advance deposit wagering by Public | ||||||
13 | Act 96-972 shall be deposited into the Quarter Horse Purse | ||||||
14 | Fund, which shall be created as a non-appropriated trust fund | ||||||
15 | administered by the Board for grants to thoroughbred | ||||||
16 | organization licensees for payment of purses for quarter horse | ||||||
17 | races conducted by the organization licensee. Beginning on | ||||||
18 | August 26, 2012, the additional 0.25% pari-mutuel tax imposed | ||||||
19 | on advance deposit wagering shall be deposited into the | ||||||
20 | Standardbred Purse Fund, which shall be created as a | ||||||
21 | non-appropriated trust fund administered by the Board, for | ||||||
22 | grants to the standardbred organization licensees for payment | ||||||
23 | of purses for standardbred horse races conducted by the | ||||||
24 | organization licensee. Thoroughbred organization licensees may | ||||||
25 | petition the Board to conduct quarter horse racing and receive | ||||||
26 | purse grants from the Quarter Horse Purse Fund. The Board shall |
| |||||||
| |||||||
1 | have complete discretion in distributing the Quarter Horse | ||||||
2 | Purse Fund to the petitioning organization licensees. | ||||||
3 | Beginning on July 26, 2010 (the effective date of Public Act | ||||||
4 | 96-1287), a pari-mutuel tax at the rate of 0.75% of the daily | ||||||
5 | pari-mutuel handle is imposed at a pari-mutuel facility whose | ||||||
6 | license is derived from a track located in a county that | ||||||
7 | borders the Mississippi River and conducted live racing in the | ||||||
8 | previous year. The pari-mutuel tax imposed by this subsection | ||||||
9 | (a-5)
shall be remitted to the Department of
Revenue within 48 | ||||||
10 | hours after the close of the racing day upon which it is
| ||||||
11 | assessed or within such other time as the Board prescribes. | ||||||
12 | (b) On or before December 31, 1999, in
the event that any | ||||||
13 | organization
licensee conducts
2 separate programs
of races on | ||||||
14 | any day, each such program shall be considered a separate
| ||||||
15 | racing day for purposes of determining the daily handle and | ||||||
16 | computing
the privilege tax on such daily handle as provided in | ||||||
17 | subsection (a) of
this Section. | ||||||
18 | (c) Licensees shall at all times keep accurate
books
and | ||||||
19 | records of all monies wagered on each day of a race meeting and | ||||||
20 | of
the taxes paid to the Department of Revenue under the | ||||||
21 | provisions of this
Section. The Board or its duly authorized | ||||||
22 | representative or
representatives shall at all reasonable | ||||||
23 | times have access to such
records for the purpose of examining | ||||||
24 | and checking the same and
ascertaining whether the proper | ||||||
25 | amount of taxes is being paid as
provided. The Board shall | ||||||
26 | require verified reports and a statement of
the total of all |
| |||||||
| |||||||
1 | monies wagered daily at each wagering facility upon which
the | ||||||
2 | taxes are assessed and may prescribe forms upon which such | ||||||
3 | reports
and statement shall be made. | ||||||
4 | (d) Any licensee failing or refusing to pay the amount
of | ||||||
5 | any tax due under this Section shall be guilty of a business | ||||||
6 | offense
and upon conviction shall be fined not more than $5,000 | ||||||
7 | in addition to
the amount found due as tax under this Section. | ||||||
8 | Each day's violation
shall constitute a separate offense. All | ||||||
9 | fines paid into Court by a licensee hereunder shall be | ||||||
10 | transmitted and paid over by
the Clerk of the Court to the | ||||||
11 | Board. | ||||||
12 | (e) No other license fee, privilege tax, excise tax, or
| ||||||
13 | racing fee, except as provided in this Act, shall be assessed | ||||||
14 | or
collected from any such licensee by the State. | ||||||
15 | (f) No other license fee, privilege tax, excise tax or | ||||||
16 | racing fee shall be
assessed or collected from any such | ||||||
17 | licensee by units of local government
except as provided in | ||||||
18 | paragraph 10.1 of subsection (h) and subsection (f) of
Section | ||||||
19 | 26 of this Act. However, any municipality that has a Board | ||||||
20 | licensed
horse race meeting at a race track wholly within its | ||||||
21 | corporate boundaries or a
township that has a Board licensed | ||||||
22 | horse race meeting at a race track wholly
within the | ||||||
23 | unincorporated area of the township may charge a local
| ||||||
24 | amusement tax not to exceed 10¢ per admission to such horse | ||||||
25 | race meeting
by the enactment of an ordinance. However, any | ||||||
26 | municipality or county
that has a Board licensed inter-track |
| |||||||
| |||||||
1 | wagering location facility wholly
within its corporate | ||||||
2 | boundaries may each impose an admission fee not
to exceed $1.00 | ||||||
3 | per admission to such inter-track wagering location facility,
| ||||||
4 | so that a total of not more than $2.00 per admission may be | ||||||
5 | imposed.
Except as provided in subparagraph (g) of Section 27 | ||||||
6 | of this Act, the
inter-track wagering location licensee shall | ||||||
7 | collect any and all such fees
and within 48 hours remit the | ||||||
8 | fees to the Board, which shall, pursuant to
rule, cause the | ||||||
9 | fees to be distributed to the county or municipality. | ||||||
10 | (g) Notwithstanding any provision in this Act to the | ||||||
11 | contrary, if in any
calendar year the total taxes and fees | ||||||
12 | required to be collected from
licensees and distributed under | ||||||
13 | this Act to all State and local governmental
authorities | ||||||
14 | exceeds the amount of such taxes and fees distributed to each | ||||||
15 | State
and local governmental authority to which each State and | ||||||
16 | local governmental
authority was entitled under this Act for | ||||||
17 | calendar year 1994, then the first
$11 million of that excess | ||||||
18 | amount shall be allocated at the earliest possible
date for | ||||||
19 | distribution as purse money for the succeeding calendar year.
| ||||||
20 | Upon reaching the 1994 level, and until the excess amount of | ||||||
21 | taxes and fees
exceeds $11 million, the Board shall direct all | ||||||
22 | licensees to cease paying the
subject taxes and fees and the | ||||||
23 | Board shall direct all licensees to allocate any such excess | ||||||
24 | amount for purses as
follows: | ||||||
25 | (i) the excess amount shall be initially divided | ||||||
26 | between thoroughbred and
standardbred purses based on the |
| |||||||
| |||||||
1 | thoroughbred's and standardbred's respective
percentages | ||||||
2 | of total Illinois live wagering in calendar year 1994; | ||||||
3 | (ii) each thoroughbred and standardbred organization | ||||||
4 | licensee issued an
organization licensee in that | ||||||
5 | succeeding allocation year shall
be
allocated an amount | ||||||
6 | equal to the product of its percentage of total
Illinois
| ||||||
7 | live thoroughbred or standardbred wagering in calendar | ||||||
8 | year 1994 (the total to
be determined based on the sum of | ||||||
9 | 1994 on-track wagering for all organization
licensees | ||||||
10 | issued organization licenses in both the allocation year | ||||||
11 | and the
preceding year) multiplied by
the total amount | ||||||
12 | allocated for standardbred or thoroughbred purses, | ||||||
13 | provided
that the first $1,500,000 of the amount allocated | ||||||
14 | to standardbred
purses under item (i) shall be allocated to | ||||||
15 | the Department of
Agriculture to be expended with the | ||||||
16 | assistance and advice of the Illinois
Standardbred | ||||||
17 | Breeders Funds Advisory Board for the purposes listed in
| ||||||
18 | subsection (g) of Section 31 of this Act, before the amount | ||||||
19 | allocated to
standardbred purses under item (i) is | ||||||
20 | allocated to standardbred
organization licensees in the | ||||||
21 | succeeding allocation year. | ||||||
22 | To the extent the excess amount of taxes and fees to be | ||||||
23 | collected and
distributed to State and local governmental | ||||||
24 | authorities exceeds $11 million,
that excess amount shall be | ||||||
25 | collected and distributed to State and local
authorities as | ||||||
26 | provided for under this Act. |
| |||||||
| |||||||
1 | (Source: P.A. 97-1060, eff. 8-24-12; 98-18, eff. 6-7-13.)
| ||||||
2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.".
|