Bill Text: IL SB1493 | 2013-2014 | 98th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Horse Racing Act of 1975. Provides that payments of a percentage of the pari-mutuel handle from an inter-track wagering location licensee to the municipality and county in which it is located must be paid by the licensee on a monthly basis no later than the 10th of the month following the month such handle was generated. Effective immediately.
Spectrum: Bipartisan Bill
Status: (Failed) 2015-01-13 - Session Sine Die [SB1493 Detail]
Download: Illinois-2013-SB1493-Introduced.html
Bill Title: Amends the Illinois Horse Racing Act of 1975. Provides that payments of a percentage of the pari-mutuel handle from an inter-track wagering location licensee to the municipality and county in which it is located must be paid by the licensee on a monthly basis no later than the 10th of the month following the month such handle was generated. Effective immediately.
Spectrum: Bipartisan Bill
Status: (Failed) 2015-01-13 - Session Sine Die [SB1493 Detail]
Download: Illinois-2013-SB1493-Introduced.html
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1 | AN ACT concerning gaming.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Horse Racing Act of 1975 is amended | |||||||||||||||||||
5 | by changing Section 26 as follows:
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6 | (230 ILCS 5/26) (from Ch. 8, par. 37-26)
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7 | Sec. 26. Wagering.
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8 | (a) Any licensee may conduct and supervise the pari-mutuel | |||||||||||||||||||
9 | system of
wagering, as defined in Section 3.12 of this Act, on | |||||||||||||||||||
10 | horse races conducted by
an Illinois organization
licensee or | |||||||||||||||||||
11 | conducted at a racetrack located in another state or country | |||||||||||||||||||
12 | and
televised in Illinois in accordance with subsection (g) of | |||||||||||||||||||
13 | Section 26 of this
Act. Subject to the prior consent of the | |||||||||||||||||||
14 | Board, licensees may supplement any
pari-mutuel pool in order | |||||||||||||||||||
15 | to guarantee a minimum distribution. Such
pari-mutuel method of | |||||||||||||||||||
16 | wagering shall not,
under any circumstances if conducted under | |||||||||||||||||||
17 | the provisions of this Act,
be held or construed to be | |||||||||||||||||||
18 | unlawful, other statutes of this State to the
contrary | |||||||||||||||||||
19 | notwithstanding.
Subject to rules for advance wagering | |||||||||||||||||||
20 | promulgated by the Board, any
licensee
may accept wagers in | |||||||||||||||||||
21 | advance of the day of
the race wagered upon occurs.
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22 | (b) No other method of betting, pool making, wagering or
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23 | gambling shall be used or permitted by the licensee. Each |
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1 | licensee
may retain, subject to the payment of all applicable
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2 | taxes and purses, an amount not to exceed 17% of all money | ||||||
3 | wagered
under subsection (a) of this Section, except as may | ||||||
4 | otherwise be permitted
under this Act.
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5 | (b-5) An individual may place a wager under the pari-mutuel | ||||||
6 | system from
any licensed location authorized under this Act | ||||||
7 | provided that wager is
electronically recorded in the manner | ||||||
8 | described in Section 3.12 of this Act.
Any wager made | ||||||
9 | electronically by an individual while physically on the | ||||||
10 | premises
of a licensee shall be deemed to have been made at the | ||||||
11 | premises of that
licensee.
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12 | (c) Until January 1, 2000, the sum held by any licensee for | ||||||
13 | payment of
outstanding pari-mutuel tickets, if unclaimed prior | ||||||
14 | to December 31 of the
next year, shall be retained by the | ||||||
15 | licensee for payment of
such tickets until that date. Within 10 | ||||||
16 | days thereafter, the balance of
such sum remaining unclaimed, | ||||||
17 | less any uncashed supplements contributed by such
licensee for | ||||||
18 | the purpose of guaranteeing minimum distributions
of any | ||||||
19 | pari-mutuel pool, shall be
paid to the
Illinois
Veterans'
| ||||||
20 | Rehabilitation Fund of the State treasury, except as provided | ||||||
21 | in subsection
(g) of Section 27 of this Act.
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22 | (c-5) Beginning January 1, 2000, the sum held by any | ||||||
23 | licensee for payment
of
outstanding pari-mutuel tickets, if | ||||||
24 | unclaimed prior to December 31 of the
next year, shall be | ||||||
25 | retained by the licensee for payment of
such tickets until that | ||||||
26 | date. Within 10 days thereafter, the balance of
such sum |
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1 | remaining unclaimed, less any uncashed supplements contributed | ||||||
2 | by such
licensee for the purpose of guaranteeing minimum | ||||||
3 | distributions
of any pari-mutuel pool, shall be evenly | ||||||
4 | distributed to the purse account of
the organization licensee | ||||||
5 | and the organization licensee.
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6 | (d) A pari-mutuel ticket shall be honored until December 31 | ||||||
7 | of the
next calendar year, and the licensee shall pay the same | ||||||
8 | and may
charge the amount thereof against unpaid money | ||||||
9 | similarly accumulated on account
of pari-mutuel tickets not | ||||||
10 | presented for payment.
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11 | (e) No licensee shall knowingly permit any minor, other
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12 | than an employee of such licensee or an owner, trainer,
jockey, | ||||||
13 | driver, or employee thereof, to be admitted during a racing
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14 | program unless accompanied by a parent or guardian, or any | ||||||
15 | minor to be a
patron of the pari-mutuel system of wagering | ||||||
16 | conducted or
supervised by it. The admission of any | ||||||
17 | unaccompanied minor, other than
an employee of the licensee or | ||||||
18 | an owner, trainer, jockey,
driver, or employee thereof at a | ||||||
19 | race track is a Class C
misdemeanor.
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20 | (f) Notwithstanding the other provisions of this Act, an
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21 | organization licensee may contract
with an entity in another | ||||||
22 | state or country to permit any legal
wagering entity in another | ||||||
23 | state or country to accept wagers solely within
such other | ||||||
24 | state or country on races conducted by the organization | ||||||
25 | licensee
in this State.
Beginning January 1, 2000, these wagers
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26 | shall not be subject to State
taxation. Until January 1, 2000,
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1 | when the out-of-State entity conducts a pari-mutuel pool
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2 | separate from the organization licensee, a privilege tax equal | ||||||
3 | to 7 1/2% of
all monies received by the organization licensee | ||||||
4 | from entities in other states
or countries pursuant to such | ||||||
5 | contracts is imposed on the organization
licensee, and such | ||||||
6 | privilege tax shall be remitted to the
Department of Revenue
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7 | within 48 hours of receipt of the moneys from the simulcast. | ||||||
8 | When the
out-of-State entity conducts a
combined pari-mutuel | ||||||
9 | pool with the organization licensee, the tax shall be 10%
of | ||||||
10 | all monies received by the organization licensee with 25% of | ||||||
11 | the
receipts from this 10% tax to be distributed to the county
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12 | in which the race was conducted.
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13 | An organization licensee may permit one or more of its | ||||||
14 | races to be
utilized for
pari-mutuel wagering at one or more | ||||||
15 | locations in other states and may
transmit audio and visual | ||||||
16 | signals of races the organization licensee
conducts to one or
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17 | more locations outside the State or country and may also permit | ||||||
18 | pari-mutuel
pools in other states or countries to be combined | ||||||
19 | with its gross or net
wagering pools or with wagering pools | ||||||
20 | established by other states.
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21 | (g) A host track may accept interstate simulcast wagers on
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22 | horse
races conducted in other states or countries and shall | ||||||
23 | control the
number of signals and types of breeds of racing in | ||||||
24 | its simulcast program,
subject to the disapproval of the Board. | ||||||
25 | The Board may prohibit a simulcast
program only if it finds | ||||||
26 | that the simulcast program is clearly
adverse to the integrity |
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1 | of racing. The host track
simulcast program shall
include the | ||||||
2 | signal of live racing of all organization licensees.
All | ||||||
3 | non-host licensees and advance deposit wagering licensees | ||||||
4 | shall carry the signal of and accept wagers on live racing of | ||||||
5 | all organization licensees. Advance deposit wagering licensees | ||||||
6 | shall not be permitted to accept out-of-state wagers on any | ||||||
7 | Illinois signal provided pursuant to this Section without the | ||||||
8 | approval and consent of the organization licensee providing the | ||||||
9 | signal. Non-host licensees may carry the host track simulcast | ||||||
10 | program and
shall accept wagers on all races included as part | ||||||
11 | of the simulcast
program upon which wagering is permitted.
All | ||||||
12 | organization licensees shall provide their live signal to all | ||||||
13 | advance deposit wagering licensees for a simulcast commission | ||||||
14 | fee not to exceed 6% of the advance deposit wagering licensee's | ||||||
15 | Illinois handle on the organization licensee's signal without | ||||||
16 | prior approval by the Board. The Board may adopt rules under | ||||||
17 | which it may permit simulcast commission fees in excess of 6%. | ||||||
18 | The Board shall adopt rules limiting the interstate commission | ||||||
19 | fees charged to an advance deposit wagering licensee. The Board | ||||||
20 | shall adopt rules regarding advance deposit wagering on | ||||||
21 | interstate simulcast races that shall reflect, among other | ||||||
22 | things, the General Assembly's desire to maximize revenues to | ||||||
23 | the State, horsemen purses, and organizational licensees. | ||||||
24 | However, organization licensees providing live signals | ||||||
25 | pursuant to the requirements of this subsection (g) may | ||||||
26 | petition the Board to withhold their live signals from an |
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1 | advance deposit wagering licensee if the organization licensee | ||||||
2 | discovers and the Board finds reputable or credible information | ||||||
3 | that the advance deposit wagering licensee is under | ||||||
4 | investigation by another state or federal governmental agency, | ||||||
5 | the advance deposit wagering licensee's license has been | ||||||
6 | suspended in another state, or the advance deposit wagering | ||||||
7 | licensee's license is in revocation proceedings in another | ||||||
8 | state. The organization licensee's provision of their live | ||||||
9 | signal to an advance deposit wagering licensee under this | ||||||
10 | subsection (g) pertains to wagers placed from within Illinois. | ||||||
11 | Advance deposit wagering licensees may place advance deposit | ||||||
12 | wagering terminals at wagering facilities as a convenience to | ||||||
13 | customers. The advance deposit wagering licensee shall not | ||||||
14 | charge or collect any fee from purses for the placement of the | ||||||
15 | advance deposit wagering terminals. The costs and expenses
of | ||||||
16 | the host track and non-host licensees associated
with | ||||||
17 | interstate simulcast
wagering, other than the interstate
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18 | commission fee, shall be borne by the host track and all
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19 | non-host licensees
incurring these costs.
The interstate | ||||||
20 | commission fee shall not exceed 5% of Illinois handle on the
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21 | interstate simulcast race or races without prior approval of | ||||||
22 | the Board. The
Board shall promulgate rules under which it may | ||||||
23 | permit
interstate commission
fees in excess of 5%. The | ||||||
24 | interstate commission
fee and other fees charged by the sending | ||||||
25 | racetrack, including, but not
limited to, satellite decoder | ||||||
26 | fees, shall be uniformly applied
to the host track and all |
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1 | non-host licensees.
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2 | Notwithstanding any other provision of this Act, until | ||||||
3 | January 1, 2013, an organization licensee may maintain a system | ||||||
4 | whereby advance deposit wagering may take place or an | ||||||
5 | organization licensee, with the consent of the horsemen | ||||||
6 | association representing the largest number of owners, | ||||||
7 | trainers, jockeys, or standardbred drivers who race horses at | ||||||
8 | that organization licensee's racing meeting, may contract with | ||||||
9 | another person to carry out a system of advance deposit | ||||||
10 | wagering. Such consent may not be unreasonably withheld. All | ||||||
11 | advance deposit wagers placed from within Illinois must be | ||||||
12 | placed through a Board-approved advance deposit wagering | ||||||
13 | licensee; no other entity may accept an advance deposit wager | ||||||
14 | from a person within Illinois. All advance deposit wagering is | ||||||
15 | subject to any rules adopted by the Board. The Board may adopt | ||||||
16 | rules necessary to regulate advance deposit wagering through | ||||||
17 | the use of emergency rulemaking in accordance with Section 5-45 | ||||||
18 | of the Illinois Administrative Procedure Act. The General | ||||||
19 | Assembly finds that the adoption of rules to regulate advance | ||||||
20 | deposit wagering is deemed an emergency and necessary for the | ||||||
21 | public interest, safety, and welfare. An advance deposit | ||||||
22 | wagering licensee may retain all moneys as agreed to by | ||||||
23 | contract with an organization licensee. Any moneys retained by | ||||||
24 | the organization licensee from advance deposit wagering, not | ||||||
25 | including moneys retained by the advance deposit wagering | ||||||
26 | licensee, shall be paid 50% to the organization licensee's |
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1 | purse account and 50% to the organization licensee. If more | ||||||
2 | than one breed races at the same race track facility, then the | ||||||
3 | 50% of the moneys to be paid to an organization licensee's | ||||||
4 | purse account shall be allocated among all organization | ||||||
5 | licensees' purse accounts operating at that race track facility | ||||||
6 | proportionately based on the actual number of host days that | ||||||
7 | the Board grants to that breed at that race track facility in | ||||||
8 | the current calendar year. To the extent any fees from advance | ||||||
9 | deposit wagering conducted in Illinois for wagers in Illinois | ||||||
10 | or other states have been placed in escrow or otherwise | ||||||
11 | withheld from wagers pending a determination of the legality of | ||||||
12 | advance deposit wagering, no action shall be brought to declare | ||||||
13 | such wagers or the disbursement of any fees previously escrowed | ||||||
14 | illegal.
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15 | (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
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16 | intertrack wagering
licensee other than the host track may | ||||||
17 | supplement the host track simulcast
program with | ||||||
18 | additional simulcast races or race programs, provided that | ||||||
19 | between
January 1 and the third Friday in February of any | ||||||
20 | year, inclusive, if no live
thoroughbred racing is | ||||||
21 | occurring in Illinois during this period, only
| ||||||
22 | thoroughbred races may be used
for supplemental interstate | ||||||
23 | simulcast purposes. The Board shall withhold
approval for a | ||||||
24 | supplemental interstate simulcast only if it finds that the
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25 | simulcast is clearly adverse to the integrity of racing. A | ||||||
26 | supplemental
interstate simulcast may be transmitted from |
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1 | an intertrack wagering licensee to
its affiliated non-host | ||||||
2 | licensees. The interstate commission fee for a
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3 | supplemental interstate simulcast shall be paid by the | ||||||
4 | non-host licensee and
its affiliated non-host licensees | ||||||
5 | receiving the simulcast.
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6 | (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
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7 | intertrack wagering
licensee other than the host track may | ||||||
8 | receive supplemental interstate
simulcasts only with the | ||||||
9 | consent of the host track, except when the Board
finds that | ||||||
10 | the simulcast is
clearly adverse to the integrity of | ||||||
11 | racing. Consent granted under this
paragraph (2) to any | ||||||
12 | intertrack wagering licensee shall be deemed consent to
all | ||||||
13 | non-host licensees. The interstate commission fee for the | ||||||
14 | supplemental
interstate simulcast shall be paid
by all | ||||||
15 | participating non-host licensees.
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16 | (3) Each licensee conducting interstate simulcast | ||||||
17 | wagering may retain,
subject to the payment of all | ||||||
18 | applicable taxes and the purses, an amount not to
exceed | ||||||
19 | 17% of all money wagered. If any licensee conducts the | ||||||
20 | pari-mutuel
system wagering on races conducted at | ||||||
21 | racetracks in another state or country,
each such race or | ||||||
22 | race program shall be considered a separate racing day for
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23 | the purpose of determining the daily handle and computing | ||||||
24 | the privilege tax of
that daily handle as provided in | ||||||
25 | subsection (a) of Section 27.
Until January 1, 2000,
from | ||||||
26 | the sums permitted to be retained pursuant to this |
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1 | subsection, each
intertrack wagering location licensee | ||||||
2 | shall pay 1% of the pari-mutuel handle
wagered on simulcast | ||||||
3 | wagering to the Horse Racing Tax Allocation Fund, subject
| ||||||
4 | to the provisions of subparagraph (B) of paragraph (11) of | ||||||
5 | subsection (h) of
Section 26 of this Act.
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6 | (4) A licensee who receives an interstate simulcast may | ||||||
7 | combine its gross
or net pools with pools at the sending | ||||||
8 | racetracks pursuant to rules established
by the Board. All | ||||||
9 | licensees combining their gross pools
at a
sending | ||||||
10 | racetrack shall adopt the take-out percentages of the | ||||||
11 | sending
racetrack.
A licensee may also establish a separate | ||||||
12 | pool and takeout structure for
wagering purposes on races | ||||||
13 | conducted at race tracks outside of the
State of Illinois. | ||||||
14 | The licensee may permit pari-mutuel wagers placed in other
| ||||||
15 | states or
countries to be combined with its gross or net | ||||||
16 | wagering pools or other
wagering pools.
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17 | (5) After the payment of the interstate commission fee | ||||||
18 | (except for the
interstate commission
fee on a supplemental | ||||||
19 | interstate simulcast, which shall be paid by the host
track | ||||||
20 | and by each non-host licensee through the host-track) and | ||||||
21 | all applicable
State and local
taxes, except as provided in | ||||||
22 | subsection (g) of Section 27 of this Act, the
remainder of | ||||||
23 | moneys retained from simulcast wagering pursuant to this
| ||||||
24 | subsection (g), and Section 26.2 shall be divided as | ||||||
25 | follows:
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26 | (A) For interstate simulcast wagers made at a host |
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| |||||||
1 | track, 50% to the
host
track and 50% to purses at the | ||||||
2 | host track.
| ||||||
3 | (B) For wagers placed on interstate simulcast | ||||||
4 | races, supplemental
simulcasts as defined in | ||||||
5 | subparagraphs (1) and (2), and separately pooled races
| ||||||
6 | conducted outside of the State of Illinois made at a | ||||||
7 | non-host
licensee, 25% to the host
track, 25% to the | ||||||
8 | non-host licensee, and 50% to the purses at the host | ||||||
9 | track.
| ||||||
10 | (6) Notwithstanding any provision in this Act to the | ||||||
11 | contrary, non-host
licensees
who derive their licenses | ||||||
12 | from a track located in a county with a population in
| ||||||
13 | excess of 230,000 and that borders the Mississippi River | ||||||
14 | may receive
supplemental interstate simulcast races at all | ||||||
15 | times subject to Board approval,
which shall be withheld | ||||||
16 | only upon a finding that a supplemental interstate
| ||||||
17 | simulcast is clearly adverse to the integrity of racing.
| ||||||
18 | (7) Notwithstanding any provision of this Act to the | ||||||
19 | contrary, after
payment of all applicable State and local | ||||||
20 | taxes and interstate commission fees,
non-host licensees | ||||||
21 | who derive their licenses from a track located in a county
| ||||||
22 | with a population in excess of 230,000 and that borders the | ||||||
23 | Mississippi River
shall retain 50% of the retention from | ||||||
24 | interstate simulcast wagers and shall
pay 50% to purses at | ||||||
25 | the track from which the non-host licensee derives its
| ||||||
26 | license as follows:
|
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1 | (A) Between January 1 and the third Friday in | ||||||
2 | February, inclusive, if no
live thoroughbred racing is | ||||||
3 | occurring in Illinois during this period, when the
| ||||||
4 | interstate simulcast is a standardbred race, the purse | ||||||
5 | share to its
standardbred purse account;
| ||||||
6 | (B) Between January 1 and the third Friday in | ||||||
7 | February, inclusive, if no
live thoroughbred racing is | ||||||
8 | occurring in Illinois during this period, and the
| ||||||
9 | interstate simulcast is a thoroughbred race, the purse | ||||||
10 | share to its interstate
simulcast purse pool to be | ||||||
11 | distributed under paragraph (10) of this subsection
| ||||||
12 | (g);
| ||||||
13 | (C) Between January 1 and the third Friday in | ||||||
14 | February, inclusive, if
live thoroughbred racing is | ||||||
15 | occurring in Illinois, between 6:30 a.m. and 6:30
p.m. | ||||||
16 | the purse share from wagers made during this time | ||||||
17 | period to its
thoroughbred purse account and between | ||||||
18 | 6:30 p.m. and 6:30 a.m. the purse share
from wagers | ||||||
19 | made during this time period to its standardbred purse | ||||||
20 | accounts;
| ||||||
21 | (D) Between the third Saturday in February and | ||||||
22 | December 31, when the
interstate simulcast occurs | ||||||
23 | between the hours of 6:30 a.m. and 6:30 p.m., the
purse | ||||||
24 | share to its thoroughbred purse account;
| ||||||
25 | (E) Between the third Saturday in February and | ||||||
26 | December 31, when the
interstate simulcast occurs |
| |||||||
| |||||||
1 | between the hours of 6:30 p.m. and 6:30 a.m., the
purse | ||||||
2 | share to its standardbred purse account.
| ||||||
3 | (7.1) Notwithstanding any other provision of this Act | ||||||
4 | to the contrary,
if
no
standardbred racing is conducted at | ||||||
5 | a racetrack located in Madison County
during any
calendar | ||||||
6 | year beginning on or after January 1, 2002, all
moneys | ||||||
7 | derived by
that racetrack from simulcast wagering and | ||||||
8 | inter-track wagering that (1) are to
be used
for purses and | ||||||
9 | (2) are generated between the hours of 6:30 p.m. and 6:30 | ||||||
10 | a.m.
during that
calendar year shall
be paid as follows:
| ||||||
11 | (A) If the licensee that conducts horse racing at | ||||||
12 | that racetrack
requests from the Board at least as many | ||||||
13 | racing dates as were conducted in
calendar year 2000, | ||||||
14 | 80% shall be paid to its thoroughbred purse account; | ||||||
15 | and
| ||||||
16 | (B) Twenty percent shall be deposited into the | ||||||
17 | Illinois Colt Stakes
Purse
Distribution
Fund and shall | ||||||
18 | be paid to purses for standardbred races for Illinois | ||||||
19 | conceived
and foaled horses conducted at any county | ||||||
20 | fairgrounds.
The moneys deposited into the Fund | ||||||
21 | pursuant to this subparagraph (B) shall be
deposited
| ||||||
22 | within 2
weeks after the day they were generated, shall | ||||||
23 | be in addition to and not in
lieu of any other
moneys | ||||||
24 | paid to standardbred purses under this Act, and shall | ||||||
25 | not be commingled
with other moneys paid into that | ||||||
26 | Fund. The moneys deposited
pursuant to this |
| |||||||
| |||||||
1 | subparagraph (B) shall be allocated as provided by the
| ||||||
2 | Department of Agriculture, with the advice and | ||||||
3 | assistance of the Illinois
Standardbred
Breeders Fund | ||||||
4 | Advisory Board.
| ||||||
5 | (7.2) Notwithstanding any other provision of this Act | ||||||
6 | to the contrary, if
no
thoroughbred racing is conducted at | ||||||
7 | a racetrack located in Madison County
during any
calendar | ||||||
8 | year beginning on or after January 1,
2002, all
moneys | ||||||
9 | derived by
that racetrack from simulcast wagering and | ||||||
10 | inter-track wagering that (1) are to
be used
for purses and | ||||||
11 | (2) are generated between the hours of 6:30 a.m. and 6:30 | ||||||
12 | p.m.
during that
calendar year shall
be deposited as | ||||||
13 | follows:
| ||||||
14 | (A) If the licensee that conducts horse racing at | ||||||
15 | that racetrack
requests from the
Board at least
as many | ||||||
16 | racing dates as were conducted in calendar year 2000, | ||||||
17 | 80%
shall be deposited into its standardbred purse
| ||||||
18 | account; and
| ||||||
19 | (B) Twenty percent shall be deposited into the | ||||||
20 | Illinois Colt Stakes
Purse
Distribution Fund. Moneys | ||||||
21 | deposited into the Illinois Colt Stakes Purse
| ||||||
22 | Distribution Fund
pursuant to this subparagraph (B) | ||||||
23 | shall be paid to Illinois
conceived and foaled | ||||||
24 | thoroughbred breeders' programs
and to thoroughbred | ||||||
25 | purses for races conducted at any county fairgrounds | ||||||
26 | for
Illinois conceived
and foaled horses at the |
| |||||||
| |||||||
1 | discretion of the
Department of Agriculture, with the | ||||||
2 | advice and assistance of
the Illinois Thoroughbred | ||||||
3 | Breeders Fund Advisory
Board. The moneys deposited | ||||||
4 | into the Illinois Colt Stakes Purse Distribution
Fund
| ||||||
5 | pursuant to this subparagraph (B) shall be deposited | ||||||
6 | within 2 weeks
after the day they were generated, shall | ||||||
7 | be in addition to and not in
lieu of any other moneys | ||||||
8 | paid to thoroughbred purses
under this Act, and shall | ||||||
9 | not be commingled with other moneys deposited into
that | ||||||
10 | Fund.
| ||||||
11 | (7.3) If no live standardbred racing is conducted at a | ||||||
12 | racetrack located
in
Madison
County in calendar year 2000 | ||||||
13 | or 2001,
an organization licensee who is licensed
to | ||||||
14 | conduct horse racing at that racetrack shall, before | ||||||
15 | January 1, 2002, pay
all
moneys derived from simulcast | ||||||
16 | wagering and inter-track wagering in calendar
years 2000 | ||||||
17 | and 2001 and
paid into the licensee's standardbred purse | ||||||
18 | account as follows:
| ||||||
19 | (A) Eighty percent to that licensee's thoroughbred | ||||||
20 | purse account to
be used for thoroughbred purses; and
| ||||||
21 | (B) Twenty percent to the Illinois Colt Stakes | ||||||
22 | Purse Distribution
Fund.
| ||||||
23 | Failure to make the payment to the Illinois Colt Stakes | ||||||
24 | Purse Distribution
Fund before January 1, 2002
shall
result | ||||||
25 | in the immediate revocation of the licensee's organization
| ||||||
26 | license, inter-track wagering license, and inter-track |
| |||||||
| |||||||
1 | wagering location
license.
| ||||||
2 | Moneys paid into the Illinois
Colt Stakes Purse | ||||||
3 | Distribution Fund pursuant to this
paragraph (7.3) shall be | ||||||
4 | paid to purses for standardbred
races for Illinois | ||||||
5 | conceived and foaled horses conducted
at any county
| ||||||
6 | fairgrounds.
Moneys paid into the Illinois
Colt Stakes | ||||||
7 | Purse Distribution Fund pursuant to this
paragraph (7.3) | ||||||
8 | shall be used as determined by the
Department of | ||||||
9 | Agriculture, with the advice and assistance of the
Illinois | ||||||
10 | Standardbred Breeders Fund Advisory Board, shall be in | ||||||
11 | addition to
and not in lieu of any other moneys paid to | ||||||
12 | standardbred purses under this Act,
and shall not be | ||||||
13 | commingled
with any other moneys paid into that Fund.
| ||||||
14 | (7.4) If live standardbred racing is conducted at a | ||||||
15 | racetrack located in
Madison
County at any time in calendar | ||||||
16 | year 2001 before the payment required
under
paragraph (7.3) | ||||||
17 | has been made, the organization licensee who is licensed to
| ||||||
18 | conduct
racing at that racetrack shall pay all moneys | ||||||
19 | derived by that racetrack from
simulcast
wagering and | ||||||
20 | inter-track wagering during calendar years 2000 and 2001 | ||||||
21 | that (1)
are to be
used for purses and (2) are generated | ||||||
22 | between the hours of 6:30 p.m. and 6:30
a.m.
during 2000 or | ||||||
23 | 2001 to the standardbred purse account at that
racetrack to
| ||||||
24 | be used for standardbred purses.
| ||||||
25 | (8) Notwithstanding any provision in this Act to the | ||||||
26 | contrary, an
organization licensee from a track located in |
| |||||||
| |||||||
1 | a county with a population in
excess of 230,000 and that | ||||||
2 | borders the Mississippi River and its affiliated
non-host | ||||||
3 | licensees shall not be entitled to share in any retention | ||||||
4 | generated on
racing, inter-track wagering, or simulcast | ||||||
5 | wagering at any other Illinois
wagering facility.
| ||||||
6 | (8.1) Notwithstanding any provisions in this Act to the | ||||||
7 | contrary, if 2
organization licensees
are conducting | ||||||
8 | standardbred race meetings concurrently
between the hours | ||||||
9 | of 6:30 p.m. and 6:30 a.m., after payment of all applicable
| ||||||
10 | State and local taxes and interstate commission fees, the | ||||||
11 | remainder of the
amount retained from simulcast wagering | ||||||
12 | otherwise attributable to the host
track and to host track | ||||||
13 | purses shall be split daily between the 2
organization | ||||||
14 | licensees and the purses at the tracks of the 2 | ||||||
15 | organization
licensees, respectively, based on each | ||||||
16 | organization licensee's share
of the total live handle for | ||||||
17 | that day,
provided that this provision shall not apply to | ||||||
18 | any non-host licensee that
derives its license from a track | ||||||
19 | located in a county with a population in
excess of 230,000 | ||||||
20 | and that borders the Mississippi River.
| ||||||
21 | (9) (Blank).
| ||||||
22 | (10) (Blank).
| ||||||
23 | (11) (Blank).
| ||||||
24 | (12) The Board shall have authority to compel all host | ||||||
25 | tracks to receive
the simulcast of any or all races | ||||||
26 | conducted at the Springfield or DuQuoin State
fairgrounds |
| |||||||
| |||||||
1 | and include all such races as part of their simulcast | ||||||
2 | programs.
| ||||||
3 | (13) Notwithstanding any other provision of this Act, | ||||||
4 | in the event that
the total Illinois pari-mutuel handle on | ||||||
5 | Illinois horse races at all wagering
facilities in any | ||||||
6 | calendar year is less than 75% of the total Illinois
| ||||||
7 | pari-mutuel handle on Illinois horse races at all such | ||||||
8 | wagering facilities for
calendar year 1994, then each | ||||||
9 | wagering facility that has an annual total
Illinois | ||||||
10 | pari-mutuel handle on Illinois horse races that is less | ||||||
11 | than 75% of
the total Illinois pari-mutuel handle on | ||||||
12 | Illinois horse races at such wagering
facility for calendar | ||||||
13 | year 1994, shall be permitted to receive, from any amount
| ||||||
14 | otherwise
payable to the purse account at the race track | ||||||
15 | with which the wagering facility
is affiliated in the | ||||||
16 | succeeding calendar year, an amount equal to 2% of the
| ||||||
17 | differential in total Illinois pari-mutuel handle on | ||||||
18 | Illinois horse
races at the wagering facility between that | ||||||
19 | calendar year in question and 1994
provided, however, that | ||||||
20 | a
wagering facility shall not be entitled to any such | ||||||
21 | payment until the Board
certifies in writing to the | ||||||
22 | wagering facility the amount to which the wagering
facility | ||||||
23 | is entitled
and a schedule for payment of the amount to the | ||||||
24 | wagering facility, based on:
(i) the racing dates awarded | ||||||
25 | to the race track affiliated with the wagering
facility | ||||||
26 | during the succeeding year; (ii) the sums available or |
| |||||||
| |||||||
1 | anticipated to
be available in the purse account of the | ||||||
2 | race track affiliated with the
wagering facility for purses | ||||||
3 | during the succeeding year; and (iii) the need to
ensure | ||||||
4 | reasonable purse levels during the payment period.
The | ||||||
5 | Board's certification
shall be provided no later than | ||||||
6 | January 31 of the succeeding year.
In the event a wagering | ||||||
7 | facility entitled to a payment under this paragraph
(13) is | ||||||
8 | affiliated with a race track that maintains purse accounts | ||||||
9 | for both
standardbred and thoroughbred racing, the amount | ||||||
10 | to be paid to the wagering
facility shall be divided | ||||||
11 | between each purse account pro rata, based on the
amount of | ||||||
12 | Illinois handle on Illinois standardbred and thoroughbred | ||||||
13 | racing
respectively at the wagering facility during the | ||||||
14 | previous calendar year.
Annually, the General Assembly | ||||||
15 | shall appropriate sufficient funds from the
General | ||||||
16 | Revenue Fund to the Department of Agriculture for payment | ||||||
17 | into the
thoroughbred and standardbred horse racing purse | ||||||
18 | accounts at
Illinois pari-mutuel tracks. The amount paid to | ||||||
19 | each purse account shall be
the amount certified by the | ||||||
20 | Illinois Racing Board in January to be
transferred from | ||||||
21 | each account to each eligible racing facility in
accordance | ||||||
22 | with the provisions of this Section.
| ||||||
23 | (h) The Board may approve and license the conduct of | ||||||
24 | inter-track wagering
and simulcast wagering by inter-track | ||||||
25 | wagering licensees and inter-track
wagering location licensees | ||||||
26 | subject to the following terms and conditions:
|
| |||||||
| |||||||
1 | (1) Any person licensed to conduct a race meeting (i) | ||||||
2 | at a track where
60 or more days of racing were conducted | ||||||
3 | during the immediately preceding
calendar year or where | ||||||
4 | over the 5 immediately preceding calendar years an
average | ||||||
5 | of 30 or more days of racing were conducted annually may be | ||||||
6 | issued an
inter-track wagering license; (ii) at a track
| ||||||
7 | located in a county that is bounded by the Mississippi | ||||||
8 | River, which has a
population of less than 150,000 | ||||||
9 | according to the 1990 decennial census, and an
average of | ||||||
10 | at least 60 days of racing per year between 1985 and 1993 | ||||||
11 | may be
issued an inter-track wagering license; or (iii) at | ||||||
12 | a track
located in Madison
County that conducted at least | ||||||
13 | 100 days of live racing during the immediately
preceding
| ||||||
14 | calendar year may be issued an inter-track wagering | ||||||
15 | license, unless a lesser
schedule of
live racing is the | ||||||
16 | result of (A) weather, unsafe track conditions, or other
| ||||||
17 | acts of God; (B)
an agreement between the organization | ||||||
18 | licensee and the associations
representing the
largest | ||||||
19 | number of owners, trainers, jockeys, or standardbred | ||||||
20 | drivers who race
horses at
that organization licensee's | ||||||
21 | racing meeting; or (C) a finding by the Board of
| ||||||
22 | extraordinary circumstances and that it was in the best | ||||||
23 | interest of the public
and the sport to conduct fewer than | ||||||
24 | 100 days of live racing. Any such person
having operating | ||||||
25 | control of the racing facility may also receive up to 6
| ||||||
26 | inter-track wagering
location licenses. In no event shall |
| |||||||
| |||||||
1 | more than 6 inter-track wagering
locations be established | ||||||
2 | for each eligible race track, except that an
eligible race | ||||||
3 | track located in a county that has a population of more | ||||||
4 | than
230,000 and that is bounded by the Mississippi River | ||||||
5 | may establish up to 7
inter-track wagering locations.
An | ||||||
6 | application for
said license shall be filed with the Board | ||||||
7 | prior to such dates as may be
fixed by the Board. With an | ||||||
8 | application for an inter-track
wagering
location license | ||||||
9 | there shall be delivered to the Board a certified check or
| ||||||
10 | bank draft payable to the order of the Board for an amount | ||||||
11 | equal to $500.
The application shall be on forms prescribed | ||||||
12 | and furnished by the Board. The
application shall comply | ||||||
13 | with all other rules,
regulations and conditions imposed by | ||||||
14 | the Board in connection therewith.
| ||||||
15 | (2) The Board shall examine the applications with | ||||||
16 | respect to their
conformity with this Act and the rules and | ||||||
17 | regulations imposed by the
Board. If found to be in | ||||||
18 | compliance with the Act and rules and regulations
of the | ||||||
19 | Board, the Board may then issue a license to conduct | ||||||
20 | inter-track
wagering and simulcast wagering to such | ||||||
21 | applicant. All such applications
shall be acted upon by the | ||||||
22 | Board at a meeting to be held on such date as may be
fixed | ||||||
23 | by the Board.
| ||||||
24 | (3) In granting licenses to conduct inter-track | ||||||
25 | wagering and simulcast
wagering, the Board shall give due | ||||||
26 | consideration to
the best interests of the
public, of horse |
| |||||||
| |||||||
1 | racing, and of maximizing revenue to the State.
| ||||||
2 | (4) Prior to the issuance of a license to conduct | ||||||
3 | inter-track wagering
and simulcast wagering,
the applicant | ||||||
4 | shall file with the Board a bond payable to the State of | ||||||
5 | Illinois
in the sum of $50,000, executed by the applicant | ||||||
6 | and a surety company or
companies authorized to do business | ||||||
7 | in this State, and conditioned upon
(i) the payment by the | ||||||
8 | licensee of all taxes due under Section 27 or 27.1
and any | ||||||
9 | other monies due and payable under this Act, and (ii)
| ||||||
10 | distribution by the licensee, upon presentation of the | ||||||
11 | winning ticket or
tickets, of all sums payable to the | ||||||
12 | patrons of pari-mutuel pools.
| ||||||
13 | (5) Each license to conduct inter-track wagering and | ||||||
14 | simulcast
wagering shall specify the person
to whom it is | ||||||
15 | issued, the dates on which such wagering is permitted, and
| ||||||
16 | the track or location where the wagering is to be | ||||||
17 | conducted.
| ||||||
18 | (6) All wagering under such license is subject to this | ||||||
19 | Act and to the
rules and regulations from time to time | ||||||
20 | prescribed by the Board, and every
such license issued by | ||||||
21 | the Board shall contain a recital to that effect.
| ||||||
22 | (7) An inter-track wagering licensee or inter-track | ||||||
23 | wagering location
licensee may accept wagers at the track | ||||||
24 | or location
where it is licensed, or as otherwise provided | ||||||
25 | under this Act.
| ||||||
26 | (8) Inter-track wagering or simulcast wagering shall |
| |||||||
| |||||||
1 | not be
conducted
at any track less than 5 miles from a | ||||||
2 | track at which a racing meeting is in
progress.
| ||||||
3 | (8.1) Inter-track wagering location
licensees who | ||||||
4 | derive their licenses from a particular organization | ||||||
5 | licensee
shall conduct inter-track wagering and simulcast | ||||||
6 | wagering only at locations
which are either within 90
miles | ||||||
7 | of that race track where the particular organization | ||||||
8 | licensee is
licensed to conduct racing, or within 135 miles | ||||||
9 | of that race track
where
the particular organization | ||||||
10 | licensee is licensed to conduct racing
in the case
of race | ||||||
11 | tracks in counties of less than 400,000 that were operating | ||||||
12 | on or
before June 1, 1986. However, inter-track wagering | ||||||
13 | and simulcast wagering
shall not
be conducted by those | ||||||
14 | licensees at any location within 5 miles of any race
track | ||||||
15 | at which a
horse race meeting has been licensed in the | ||||||
16 | current year, unless the person
having operating control of | ||||||
17 | such race track has given its written consent
to such | ||||||
18 | inter-track wagering location licensees,
which consent
| ||||||
19 | must be filed with the Board at or prior to the time | ||||||
20 | application is made.
| ||||||
21 | (8.2) Inter-track wagering or simulcast wagering shall | ||||||
22 | not be
conducted by an inter-track
wagering location | ||||||
23 | licensee at any location within 500 feet of an
existing
| ||||||
24 | church or existing school, nor within 500 feet of the | ||||||
25 | residences
of more than 50 registered voters without
| ||||||
26 | receiving written permission from a majority of the |
| |||||||
| |||||||
1 | registered
voters at such residences.
Such written | ||||||
2 | permission statements shall be filed with the Board. The
| ||||||
3 | distance of 500 feet shall be measured to the nearest part | ||||||
4 | of any
building
used for worship services, education | ||||||
5 | programs, residential purposes, or
conducting inter-track | ||||||
6 | wagering by an inter-track wagering location
licensee, and | ||||||
7 | not to property boundaries. However, inter-track wagering | ||||||
8 | or
simulcast wagering may be conducted at a site within 500 | ||||||
9 | feet of
a church, school or residences
of 50 or more | ||||||
10 | registered voters if such church, school
or residences have | ||||||
11 | been erected
or established, or such voters have been | ||||||
12 | registered, after
the Board issues
the original | ||||||
13 | inter-track wagering location license at the site in | ||||||
14 | question.
Inter-track wagering location licensees may | ||||||
15 | conduct inter-track wagering
and simulcast wagering only | ||||||
16 | in areas that are zoned for
commercial or manufacturing | ||||||
17 | purposes or
in areas for which a special use has been | ||||||
18 | approved by the local zoning
authority. However, no license | ||||||
19 | to conduct inter-track wagering and simulcast
wagering | ||||||
20 | shall be
granted by the Board with respect to any | ||||||
21 | inter-track wagering location
within the jurisdiction of | ||||||
22 | any local zoning authority which has, by
ordinance or by | ||||||
23 | resolution, prohibited the establishment of an inter-track
| ||||||
24 | wagering location within its jurisdiction. However, | ||||||
25 | inter-track wagering
and simulcast wagering may be | ||||||
26 | conducted at a site if such ordinance or
resolution is |
| |||||||
| |||||||
1 | enacted after
the Board licenses the original inter-track | ||||||
2 | wagering location
licensee for the site in question.
| ||||||
3 | (9) (Blank).
| ||||||
4 | (10) An inter-track wagering licensee or an | ||||||
5 | inter-track wagering
location licensee may retain, subject | ||||||
6 | to the
payment of the privilege taxes and the purses, an | ||||||
7 | amount not to
exceed 17% of all money wagered. Each program | ||||||
8 | of racing conducted by
each inter-track wagering licensee | ||||||
9 | or inter-track wagering location
licensee shall be | ||||||
10 | considered a separate racing day for the purpose of
| ||||||
11 | determining the daily handle and computing the privilege | ||||||
12 | tax or pari-mutuel
tax on such daily
handle as provided in | ||||||
13 | Section 27.
| ||||||
14 | (10.1) Except as provided in subsection (g) of Section | ||||||
15 | 27 of this Act,
inter-track wagering location licensees | ||||||
16 | shall pay 1% of the
pari-mutuel handle at each location to | ||||||
17 | the municipality in which such
location is situated and 1% | ||||||
18 | of the pari-mutuel handle at each location to
the county in | ||||||
19 | which such location is situated. In the event that an
| ||||||
20 | inter-track wagering location licensee is situated in an | ||||||
21 | unincorporated
area of a county, such licensee shall pay 2% | ||||||
22 | of the pari-mutuel handle from
such location to such | ||||||
23 | county. Payments to the municipality and county must be | ||||||
24 | paid by the licensees on a monthly basis no later than the | ||||||
25 | 10th of the month following the month such handle was | ||||||
26 | generated.
|
| |||||||
| |||||||
1 | (10.2) Notwithstanding any other provision of this | ||||||
2 | Act, with respect to
intertrack wagering at a race track | ||||||
3 | located in a
county that has a population of
more than | ||||||
4 | 230,000 and that is bounded by the Mississippi River ("the | ||||||
5 | first race
track"), or at a facility operated by an | ||||||
6 | inter-track wagering licensee or
inter-track wagering | ||||||
7 | location licensee that derives its license from the
| ||||||
8 | organization licensee that operates the first race track, | ||||||
9 | on races conducted at
the first race track or on races | ||||||
10 | conducted at another Illinois race track
and | ||||||
11 | simultaneously televised to the first race track or to a | ||||||
12 | facility operated
by an inter-track wagering licensee or | ||||||
13 | inter-track wagering location licensee
that derives its | ||||||
14 | license from the organization licensee that operates the | ||||||
15 | first
race track, those moneys shall be allocated as | ||||||
16 | follows:
| ||||||
17 | (A) That portion of all moneys wagered on | ||||||
18 | standardbred racing that is
required under this Act to | ||||||
19 | be paid to purses shall be paid to purses for
| ||||||
20 | standardbred races.
| ||||||
21 | (B) That portion of all moneys wagered on | ||||||
22 | thoroughbred racing
that is required under this Act to | ||||||
23 | be paid to purses shall be paid to purses
for | ||||||
24 | thoroughbred races.
| ||||||
25 | (11) (A) After payment of the privilege or pari-mutuel | ||||||
26 | tax, any other
applicable
taxes, and
the costs and expenses |
| |||||||
| |||||||
1 | in connection with the gathering, transmission, and
| ||||||
2 | dissemination of all data necessary to the conduct of | ||||||
3 | inter-track wagering,
the remainder of the monies retained | ||||||
4 | under either Section 26 or Section 26.2
of this Act by the | ||||||
5 | inter-track wagering licensee on inter-track wagering
| ||||||
6 | shall be allocated with 50% to be split between the
2 | ||||||
7 | participating licensees and 50% to purses, except
that an | ||||||
8 | intertrack wagering licensee that derives its
license from | ||||||
9 | a track located in a county with a population in excess of | ||||||
10 | 230,000
and that borders the Mississippi River shall not | ||||||
11 | divide any remaining
retention with the Illinois | ||||||
12 | organization licensee that provides the race or
races, and | ||||||
13 | an intertrack wagering licensee that accepts wagers on | ||||||
14 | races
conducted by an organization licensee that conducts a | ||||||
15 | race meet in a county
with a population in excess of | ||||||
16 | 230,000 and that borders the Mississippi River
shall not | ||||||
17 | divide any remaining retention with that organization | ||||||
18 | licensee.
| ||||||
19 | (B) From the
sums permitted to be retained pursuant to | ||||||
20 | this Act each inter-track wagering
location licensee shall | ||||||
21 | pay (i) the privilege or pari-mutuel tax to the
State; (ii) | ||||||
22 | 4.75% of the
pari-mutuel handle on intertrack wagering at | ||||||
23 | such location on
races as purses, except that
an intertrack | ||||||
24 | wagering location licensee that derives its license from a
| ||||||
25 | track located in a county with a population in excess of | ||||||
26 | 230,000 and that
borders the Mississippi River shall retain |
| |||||||
| |||||||
1 | all purse moneys for its own purse
account consistent with | ||||||
2 | distribution set forth in this subsection (h), and
| ||||||
3 | intertrack wagering location licensees that accept wagers | ||||||
4 | on races
conducted
by an organization licensee located in a | ||||||
5 | county with a population in excess of
230,000 and that | ||||||
6 | borders the Mississippi River shall distribute all purse
| ||||||
7 | moneys to purses at the operating host track; (iii) until | ||||||
8 | January 1, 2000,
except as
provided in
subsection (g) of | ||||||
9 | Section 27 of this Act, 1% of the
pari-mutuel handle | ||||||
10 | wagered on inter-track wagering and simulcast wagering at
| ||||||
11 | each inter-track wagering
location licensee facility to | ||||||
12 | the Horse Racing Tax Allocation Fund, provided
that, to the | ||||||
13 | extent the total amount collected and distributed to the | ||||||
14 | Horse
Racing Tax Allocation Fund under this subsection (h) | ||||||
15 | during any calendar year
exceeds the amount collected and | ||||||
16 | distributed to the Horse Racing Tax Allocation
Fund during | ||||||
17 | calendar year 1994, that excess amount shall be | ||||||
18 | redistributed (I)
to all inter-track wagering location | ||||||
19 | licensees, based on each licensee's
pro-rata share of the | ||||||
20 | total handle from inter-track wagering and simulcast
| ||||||
21 | wagering for all inter-track wagering location licensees | ||||||
22 | during the calendar
year in which this provision is | ||||||
23 | applicable; then (II) the amounts redistributed
to each | ||||||
24 | inter-track wagering location licensee as described in | ||||||
25 | subpart (I)
shall be further redistributed as provided in | ||||||
26 | subparagraph (B) of paragraph (5)
of subsection (g) of this |
| |||||||
| |||||||
1 | Section 26 provided first, that the shares of those
| ||||||
2 | amounts, which are to be redistributed to the host track or | ||||||
3 | to purses at the
host track under subparagraph (B) of | ||||||
4 | paragraph (5) of subsection (g) of this
Section 26 shall be
| ||||||
5 | redistributed based on each host track's pro rata share of | ||||||
6 | the total
inter-track
wagering and simulcast wagering | ||||||
7 | handle at all host tracks during the calendar
year in | ||||||
8 | question, and second, that any amounts redistributed as | ||||||
9 | described in
part (I) to an inter-track wagering location | ||||||
10 | licensee that accepts
wagers on races conducted by an | ||||||
11 | organization licensee that conducts a race meet
in a county | ||||||
12 | with a population in excess of 230,000 and that borders the
| ||||||
13 | Mississippi River shall be further redistributed as | ||||||
14 | provided in subparagraphs
(D) and (E) of paragraph (7) of | ||||||
15 | subsection (g) of this Section 26, with the
portion of that
| ||||||
16 | further redistribution allocated to purses at that | ||||||
17 | organization licensee to be
divided between standardbred | ||||||
18 | purses and thoroughbred purses based on the
amounts | ||||||
19 | otherwise allocated to purses at that organization | ||||||
20 | licensee during the
calendar year in question; and (iv) 8% | ||||||
21 | of the pari-mutuel handle on
inter-track wagering wagered | ||||||
22 | at
such location to satisfy all costs and expenses of | ||||||
23 | conducting its wagering. The
remainder of the monies | ||||||
24 | retained by the inter-track wagering location licensee
| ||||||
25 | shall be allocated 40% to the location licensee and 60% to | ||||||
26 | the organization
licensee which provides the Illinois |
| |||||||
| |||||||
1 | races to the location, except that an
intertrack wagering | ||||||
2 | location
licensee that derives its license from a track | ||||||
3 | located in a county with a
population in excess of 230,000 | ||||||
4 | and that borders the Mississippi River shall
not divide any | ||||||
5 | remaining retention with the organization licensee that | ||||||
6 | provides
the race or races and an intertrack wagering | ||||||
7 | location licensee that accepts
wagers on races conducted by | ||||||
8 | an organization licensee that conducts a race meet
in a | ||||||
9 | county with a population in excess of 230,000 and that | ||||||
10 | borders the
Mississippi River shall not divide any | ||||||
11 | remaining retention with the
organization licensee.
| ||||||
12 | Notwithstanding the provisions of clauses (ii) and (iv) of | ||||||
13 | this
paragraph, in the case of the additional inter-track | ||||||
14 | wagering location licenses
authorized under paragraph (1) | ||||||
15 | of this subsection (h) by this amendatory
Act of 1991, | ||||||
16 | those licensees shall pay the following amounts as purses:
| ||||||
17 | during the first 12 months the licensee is in operation, | ||||||
18 | 5.25% of
the
pari-mutuel handle wagered at the location on | ||||||
19 | races; during the second 12
months, 5.25%; during the third | ||||||
20 | 12 months, 5.75%;
during
the fourth 12 months,
6.25%; and | ||||||
21 | during the fifth 12 months and thereafter, 6.75%. The
| ||||||
22 | following amounts shall be retained by the licensee to | ||||||
23 | satisfy all costs
and expenses of conducting its wagering: | ||||||
24 | during the first 12 months the
licensee is in operation, | ||||||
25 | 8.25% of the pari-mutuel handle wagered
at the
location; | ||||||
26 | during the second 12 months, 8.25%; during the third 12
|
| |||||||
| |||||||
1 | months, 7.75%;
during the fourth 12 months, 7.25%; and | ||||||
2 | during the fifth 12 months
and
thereafter, 6.75%.
For | ||||||
3 | additional intertrack wagering location licensees | ||||||
4 | authorized under this
amendatory
Act of 1995, purses for | ||||||
5 | the first 12 months the licensee is in operation shall
be | ||||||
6 | 5.75% of the pari-mutuel wagered
at the location, purses | ||||||
7 | for the second 12 months the licensee is in operation
shall | ||||||
8 | be 6.25%, and purses
thereafter shall be 6.75%. For | ||||||
9 | additional intertrack location
licensees
authorized under
| ||||||
10 | this amendatory Act of 1995, the licensee shall be allowed | ||||||
11 | to retain to satisfy
all costs and expenses: 7.75% of the | ||||||
12 | pari-mutuel handle wagered at
the location
during its first | ||||||
13 | 12 months of operation, 7.25% during its second
12
months | ||||||
14 | of
operation, and 6.75% thereafter.
| ||||||
15 | (C) There is hereby created the Horse Racing Tax | ||||||
16 | Allocation Fund
which shall remain in existence until | ||||||
17 | December 31, 1999. Moneys
remaining in the Fund after | ||||||
18 | December 31, 1999
shall be paid into the
General Revenue | ||||||
19 | Fund. Until January 1, 2000,
all monies paid into the Horse | ||||||
20 | Racing Tax Allocation Fund pursuant to this
paragraph (11) | ||||||
21 | by inter-track wagering location licensees located in park
| ||||||
22 | districts of 500,000 population or less, or in a | ||||||
23 | municipality that is not
included within any park district | ||||||
24 | but is included within a conservation
district and is the | ||||||
25 | county seat of a county that (i) is contiguous to the state
| ||||||
26 | of Indiana and (ii) has a 1990 population of 88,257 |
| |||||||
| |||||||
1 | according to the United
States Bureau of the Census, and | ||||||
2 | operating on May 1, 1994 shall be
allocated by | ||||||
3 | 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 park districts or municipalities | ||||||
16 | that do not have a
park district of 500,000 population | ||||||
17 | or less for museum purposes (if an
inter-track wagering | ||||||
18 | location licensee is located in such a park district) | ||||||
19 | or
to conservation districts for museum purposes (if an | ||||||
20 | inter-track wagering
location licensee is located in a | ||||||
21 | municipality that is not included within any
park | ||||||
22 | district but is included within a conservation | ||||||
23 | district and is the county
seat of a county that (i) is | ||||||
24 | contiguous to the state of Indiana and (ii) has a
1990 | ||||||
25 | population of 88,257 according to the United States | ||||||
26 | Bureau of the Census,
except that if the conservation |
| |||||||
| |||||||
1 | district does not maintain a museum, the monies
shall | ||||||
2 | be allocated equally between the county and the | ||||||
3 | municipality in which the
inter-track wagering | ||||||
4 | location licensee is located for general purposes) or | ||||||
5 | to a
municipal recreation board for park purposes (if | ||||||
6 | an inter-track wagering
location licensee is located | ||||||
7 | in a municipality that is not included within any
park | ||||||
8 | district and park maintenance is the function of the | ||||||
9 | municipal recreation
board and the municipality has a | ||||||
10 | 1990 population of 9,302 according to the
United States | ||||||
11 | Bureau of the Census); provided that the monies are | ||||||
12 | distributed
to each park district or conservation | ||||||
13 | district or municipality that does not
have a park | ||||||
14 | district in an amount equal to four-sevenths of the | ||||||
15 | amount
collected by each inter-track wagering location | ||||||
16 | licensee within the park
district or conservation | ||||||
17 | district or municipality for the Fund. Monies that
were | ||||||
18 | paid into the Horse Racing Tax Allocation Fund before | ||||||
19 | the effective date
of this amendatory Act of 1991 by an | ||||||
20 | inter-track wagering location licensee
located in a | ||||||
21 | municipality that is not included within any park | ||||||
22 | district but is
included within a conservation | ||||||
23 | district as provided in this paragraph shall, as
soon | ||||||
24 | as practicable after the effective date of this | ||||||
25 | amendatory Act of 1991, be
allocated and paid to that | ||||||
26 | conservation district as provided in this paragraph.
|
| |||||||
| |||||||
1 | Any park district or municipality not maintaining a | ||||||
2 | museum may deposit the
monies in the corporate fund of | ||||||
3 | the park district or municipality where the
| ||||||
4 | inter-track wagering location is located, to be used | ||||||
5 | for general purposes;
and
| ||||||
6 | One-seventh to the Agricultural Premium Fund to be | ||||||
7 | used for distribution
to agricultural home economics | ||||||
8 | extension councils in accordance with "An
Act in | ||||||
9 | relation to additional support and finances for the | ||||||
10 | Agricultural and
Home Economic Extension Councils in | ||||||
11 | the several counties of this State and
making an | ||||||
12 | appropriation therefor", approved July 24, 1967.
| ||||||
13 | Until January 1, 2000, all other
monies paid into the | ||||||
14 | Horse Racing Tax
Allocation Fund pursuant to
this paragraph | ||||||
15 | (11) shall be allocated by appropriation as follows:
| ||||||
16 | Two-sevenths to the Department of Agriculture. | ||||||
17 | Fifty percent of this
two-sevenths shall be used to | ||||||
18 | promote the Illinois horse racing and breeding
| ||||||
19 | industry, and shall be distributed by the Department of | ||||||
20 | Agriculture upon the
advice of a 9-member committee | ||||||
21 | appointed by the Governor consisting of the
following | ||||||
22 | members: the Director of Agriculture, who shall serve | ||||||
23 | as chairman; 2
representatives of organization | ||||||
24 | licensees conducting thoroughbred race meetings
in | ||||||
25 | this State, recommended by those licensees; 2 | ||||||
26 | representatives of
organization licensees conducting |
| |||||||
| |||||||
1 | standardbred race meetings in this State,
recommended | ||||||
2 | by those licensees; a representative of the Illinois | ||||||
3 | Thoroughbred
Breeders and Owners Foundation, | ||||||
4 | recommended by that Foundation; a
representative of | ||||||
5 | the Illinois Standardbred Owners and Breeders | ||||||
6 | Association,
recommended by that Association; a | ||||||
7 | representative of the Horsemen's Benevolent
and | ||||||
8 | Protective Association or any successor organization | ||||||
9 | thereto established
in Illinois comprised of the | ||||||
10 | largest number of owners and trainers,
recommended by | ||||||
11 | that Association or that successor organization; and a
| ||||||
12 | representative of the Illinois Harness Horsemen's | ||||||
13 | Association, recommended by
that Association. | ||||||
14 | Committee members shall serve for terms of 2 years,
| ||||||
15 | commencing January 1 of each even-numbered year. If a | ||||||
16 | representative of any of
the above-named entities has | ||||||
17 | not been recommended by January 1 of any
even-numbered | ||||||
18 | year, the Governor shall appoint a committee member to | ||||||
19 | fill that
position. Committee members shall receive no | ||||||
20 | compensation for their services
as members but shall be | ||||||
21 | reimbursed for all actual and necessary expenses and
| ||||||
22 | disbursements incurred in the performance of their | ||||||
23 | official duties. The
remaining 50% of this | ||||||
24 | two-sevenths shall be distributed to county fairs for
| ||||||
25 | premiums and rehabilitation as set forth in the | ||||||
26 | Agricultural Fair Act;
|
| |||||||
| |||||||
1 | Four-sevenths to museums and aquariums located in | ||||||
2 | park districts of over
500,000 population; provided | ||||||
3 | that the monies are distributed in accordance with
the | ||||||
4 | previous year's distribution of the maintenance tax | ||||||
5 | for such museums and
aquariums as provided in Section 2 | ||||||
6 | of the Park District Aquarium and Museum
Act; and
| ||||||
7 | One-seventh to the Agricultural Premium Fund to be | ||||||
8 | used for distribution
to agricultural home economics | ||||||
9 | extension councils in accordance with "An Act
in | ||||||
10 | relation to additional support and finances for the | ||||||
11 | Agricultural and
Home Economic Extension Councils in | ||||||
12 | the several counties of this State and
making an | ||||||
13 | appropriation therefor", approved July 24, 1967.
This | ||||||
14 | subparagraph (C) shall be inoperative and of no force | ||||||
15 | and effect on and
after January 1, 2000.
| ||||||
16 | (D) Except as provided in paragraph (11) of this | ||||||
17 | subsection (h),
with respect to purse allocation from | ||||||
18 | intertrack wagering, the monies so
retained shall be | ||||||
19 | divided as follows:
| ||||||
20 | (i) If the inter-track wagering licensee, | ||||||
21 | except an intertrack
wagering licensee that | ||||||
22 | derives its license from an organization
licensee | ||||||
23 | located in a county with a population in excess of | ||||||
24 | 230,000 and bounded
by the Mississippi River, is | ||||||
25 | not conducting its own
race meeting during the same | ||||||
26 | dates, then the entire purse allocation shall be
to |
| |||||||
| |||||||
1 | purses at the track where the races wagered on are | ||||||
2 | being conducted.
| ||||||
3 | (ii) If the inter-track wagering licensee, | ||||||
4 | except an intertrack
wagering licensee that | ||||||
5 | derives its license from an organization
licensee | ||||||
6 | located in a county with a population in excess of | ||||||
7 | 230,000 and bounded
by the Mississippi River, is | ||||||
8 | also
conducting its own
race meeting during the | ||||||
9 | same dates, then the purse allocation shall be as
| ||||||
10 | follows: 50% to purses at the track where the races | ||||||
11 | wagered on are
being conducted; 50% to purses at | ||||||
12 | the track where the inter-track
wagering licensee | ||||||
13 | is accepting such wagers.
| ||||||
14 | (iii) If the inter-track wagering is being | ||||||
15 | conducted by an inter-track
wagering location | ||||||
16 | licensee, except an intertrack wagering location | ||||||
17 | licensee
that derives its license from an | ||||||
18 | organization licensee located in a
county with a | ||||||
19 | population in excess of 230,000 and bounded by the | ||||||
20 | Mississippi
River, the entire purse allocation for | ||||||
21 | Illinois races shall
be to purses at the track | ||||||
22 | where the race meeting being wagered on is being
| ||||||
23 | held.
| ||||||
24 | (12) The Board shall have all powers necessary and | ||||||
25 | proper to fully
supervise and control the conduct of
| ||||||
26 | inter-track wagering and simulcast
wagering by inter-track |
| |||||||
| |||||||
1 | wagering licensees and inter-track wagering location
| ||||||
2 | licensees, including, but not
limited to the following:
| ||||||
3 | (A) The Board is vested with power to promulgate | ||||||
4 | reasonable rules and
regulations for the purpose of | ||||||
5 | administering the
conduct of this
wagering and to | ||||||
6 | prescribe reasonable rules, regulations and conditions | ||||||
7 | under
which such wagering shall be held and conducted. | ||||||
8 | Such rules and regulations
are to provide for the | ||||||
9 | prevention of practices detrimental to the public
| ||||||
10 | interest and for
the best interests of said wagering | ||||||
11 | and to impose penalties
for violations thereof.
| ||||||
12 | (B) The Board, and any person or persons to whom it | ||||||
13 | delegates this
power, is vested with the power to enter | ||||||
14 | the
facilities of any licensee to determine whether | ||||||
15 | there has been
compliance with the provisions of this | ||||||
16 | Act and the rules and regulations
relating to the | ||||||
17 | conduct of such wagering.
| ||||||
18 | (C) The Board, and any person or persons to whom it | ||||||
19 | delegates this
power, may eject or exclude from any | ||||||
20 | licensee's facilities, any person whose
conduct or | ||||||
21 | reputation
is such that his presence on such premises | ||||||
22 | may, in the opinion of the Board,
call into the | ||||||
23 | question the honesty and integrity of, or interfere | ||||||
24 | with the
orderly conduct of such wagering; provided, | ||||||
25 | however, that no person shall
be excluded or ejected | ||||||
26 | from such premises solely on the grounds of race,
|
| |||||||
| |||||||
1 | color, creed, national origin, ancestry, or sex.
| ||||||
2 | (D) (Blank).
| ||||||
3 | (E) The Board is vested with the power to appoint | ||||||
4 | delegates to execute
any of the powers granted to it | ||||||
5 | under this Section for the purpose of
administering | ||||||
6 | this wagering and any
rules and
regulations
| ||||||
7 | promulgated in accordance with this Act.
| ||||||
8 | (F) The Board shall name and appoint a State | ||||||
9 | director of this wagering
who shall be a representative | ||||||
10 | of the Board and whose
duty it shall
be to supervise | ||||||
11 | the conduct of inter-track wagering as may be provided | ||||||
12 | for
by the rules and regulations of the Board; such | ||||||
13 | rules and regulation shall
specify the method of | ||||||
14 | appointment and the Director's powers, authority and
| ||||||
15 | duties.
| ||||||
16 | (G) The Board is vested with the power to impose | ||||||
17 | civil penalties of up
to $5,000 against individuals and | ||||||
18 | up to $10,000 against
licensees for each violation of | ||||||
19 | any provision of
this Act relating to the conduct of | ||||||
20 | this wagering, any
rules adopted
by the Board, any | ||||||
21 | order of the Board or any other action which in the | ||||||
22 | Board's
discretion, is a detriment or impediment to | ||||||
23 | such wagering.
| ||||||
24 | (13) The Department of Agriculture may enter into | ||||||
25 | agreements with
licensees authorizing such licensees to | ||||||
26 | conduct inter-track
wagering on races to be held at the |
| |||||||
| |||||||
1 | licensed race meetings conducted by the
Department of | ||||||
2 | Agriculture. Such
agreement shall specify the races of the | ||||||
3 | Department of Agriculture's
licensed race meeting upon | ||||||
4 | which the licensees will conduct wagering. In the
event | ||||||
5 | that a licensee
conducts inter-track pari-mutuel wagering | ||||||
6 | on races from the Illinois State Fair
or DuQuoin State Fair | ||||||
7 | which are in addition to the licensee's previously
approved | ||||||
8 | racing program, those races shall be considered a separate | ||||||
9 | racing day
for the
purpose of determining the daily handle | ||||||
10 | and computing the privilege or
pari-mutuel tax on
that | ||||||
11 | daily handle as provided in Sections 27
and 27.1. Such
| ||||||
12 | agreements shall be approved by the Board before such | ||||||
13 | wagering may be
conducted. In determining whether to grant | ||||||
14 | approval, the Board shall give
due consideration to the | ||||||
15 | best interests of the public and of horse racing.
The | ||||||
16 | provisions of paragraphs (1), (8), (8.1), and (8.2) of
| ||||||
17 | subsection (h) of this
Section which are not specified in | ||||||
18 | this paragraph (13) shall not apply to
licensed race | ||||||
19 | meetings conducted by the Department of Agriculture at the
| ||||||
20 | Illinois State Fair in Sangamon County or the DuQuoin State | ||||||
21 | Fair in Perry
County, or to any wagering conducted on
those | ||||||
22 | race meetings.
| ||||||
23 | (i) Notwithstanding the other provisions of this Act, the | ||||||
24 | conduct of
wagering at wagering facilities is authorized on all | ||||||
25 | days, except as limited by
subsection (b) of Section 19 of this | ||||||
26 | Act.
|
| |||||||
| |||||||
1 | (Source: P.A. 96-762, eff. 8-25-09; 97-1060, eff. 8-24-12.)
| ||||||
2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.
|