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91_SB1214
LRB9102376LDpk
1 AN ACT to amend the Illinois Horse Racing Act of 1975 by
2 changing Sections 26 and 30.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Horse Racing Act of 1975 is
6 amended by changing Sections 26 and 30 as follows:
7 (230 ILCS 5/26) (from Ch. 8, par. 37-26)
8 Sec. 26. Wagering.
9 (a) Any licensee may conduct and supervise the
10 pari-mutuel system of wagering, as defined in Section 3.12 of
11 this Act, on horse races conducted by an Illinois
12 organization licensee or conducted at a racetrack located in
13 another state or country and televised in Illinois in
14 accordance with subsection (g) of Section 26 of this Act.
15 Subject to the prior consent of the Board, licensees may
16 supplement any pari-mutuel pool in order to guarantee a
17 minimum distribution. Such pari-mutuel method of wagering
18 shall not, under any circumstances if conducted under the
19 provisions of this Act, be held or construed to be unlawful,
20 other statutes of this State to the contrary notwithstanding.
21 Subject to rules for advance wagering promulgated by the
22 Board, any licensee may accept wagers up to 2 calendar days
23 in advance of the day of the race wagered upon occurs.
24 (b) No other method of betting, pool making, wagering or
25 gambling shall be used or permitted by the licensee. Each
26 licensee may retain, subject to the payment of all applicable
27 taxes and purses, an amount not to exceed 17% of all money
28 wagered under subsection (a) of this Section, except as may
29 otherwise be permitted under this Act.
30 (b-5) An individual may place a wager under the
31 pari-mutuel system from any licensed location authorized
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1 under this Act provided that wager is electronically recorded
2 in the manner described in Section 3.12 of this Act. Any
3 wager made electronically by an individual while physically
4 on the premises of a licensee shall be deemed to have been
5 made at the premises of that licensee.
6 (c) The sum held by any licensee for payment of
7 outstanding pari-mutuel tickets, if unclaimed prior to
8 December 31 of the next year, shall be retained by the
9 licensee for payment of such tickets until that date. Within
10 10 days thereafter, the balance of such sum remaining
11 unclaimed, less any uncashed supplements contributed by such
12 licensee for the purpose of guaranteeing minimum
13 distributions of any pari-mutuel pool, shall be paid to the
14 Illinois Veterans' Rehabilitation Fund of the State treasury,
15 except as provided in subsection (g) of Section 27 of this
16 Act.
17 (d) A pari-mutuel ticket shall be honored until December
18 31 of the next calendar year, and the licensee shall pay the
19 same and may charge the amount thereof against unpaid money
20 similarly accumulated on account of pari-mutuel tickets not
21 presented for payment.
22 (e) No licensee shall knowingly permit any minor, other
23 than an employee of such licensee or an owner, trainer,
24 jockey, driver, or employee thereof, to be admitted during a
25 racing program unless accompanied by a parent or guardian, or
26 any minor to be a patron of the pari-mutuel system of
27 wagering conducted or supervised by it. The admission of any
28 unaccompanied minor, other than an employee of the licensee
29 or an owner, trainer, jockey, driver, or employee thereof at
30 a race track is a Class C misdemeanor.
31 (f) Notwithstanding the other provisions of this Act, an
32 organization licensee may, contract with an entity in another
33 state or country to permit any legal wagering entity in
34 another state or country to accept wagers solely within such
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1 other state or country on races conducted by the organization
2 licensee in this State. When the out-of-State entity
3 conducts a pari-mutuel pool separate from the organization
4 licensee, a privilege tax equal to 7 1/2% of all monies
5 received by the organization licensee from entities in other
6 states or countries pursuant to such contracts is imposed on
7 the organization licensee, and such privilege tax shall be
8 remitted to the Department of Revenue within 48 hours of
9 receipt of the moneys from the simulcast. When the
10 out-of-State entity conducts a combined pari-mutuel pool with
11 the organization licensee, the tax shall be 10% of all monies
12 received by the organization licensee with 25% of the
13 receipts from this 10% tax to be distributed to the county in
14 which the race was conducted.
15 An organization licensee may permit one or more of its
16 races to be utilized for pari-mutuel wagering at one or more
17 locations in other states and may transmit audio and visual
18 signals of races the organization licensee conducts to one or
19 more locations outside the State or country and may also
20 permit pari-mutuel pools in other states or countries to be
21 combined with its gross or net wagering pools or with
22 wagering pools established by other states.
23 (g) A host track may accept interstate simulcast wagers
24 on horse races conducted in other states or countries and
25 shall control the number of signals and types of breeds of
26 racing in its simulcast program, subject to the disapproval
27 of the Board. The Board may prohibit a simulcast program
28 only if it finds that the simulcast program is clearly
29 adverse to the integrity of racing. The host track simulcast
30 program shall include the signal of live racing of all
31 organization licensees. All non-host licensees shall carry
32 the host track simulcast program and accept wagers on all
33 races included as part of the simulcast program upon which
34 wagering is permitted; provided, however, that no inter-track
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1 wagering location licensee shall be required to remain open
2 for business past the time after which all live Illinois
3 racing has concluded for that day. The costs and expenses of
4 the host track and non-host licensees associated with
5 interstate simulcast wagering, other than the interstate
6 commission fee, shall be borne by the host track and all
7 non-host licensees incurring these costs. The interstate
8 commission fee shall not exceed 5% of Illinois handle on the
9 interstate simulcast race or races without prior approval of
10 the Board. The Board shall promulgate rules under which it
11 may permit interstate commission fees in excess of 5%. The
12 interstate commission fee shall be uniformly applied to the
13 host track and all non-host licensees.
14 (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
15 intertrack wagering licensee other than the host track
16 may supplement the host track simulcast program with
17 additional simulcast races or race programs, provided
18 that between January 1 and the third Friday in February
19 of any year, inclusive, if no live thoroughbred racing is
20 occurring in Illinois during this period, only
21 thoroughbred races may be used for supplemental
22 interstate simulcast purposes. The Board shall withhold
23 approval for a supplemental interstate simulcast only if
24 it finds that the simulcast is clearly adverse to the
25 integrity of racing. A supplemental interstate simulcast
26 may be transmitted from an intertrack wagering licensee
27 to its affiliated non-host licensees. The interstate
28 commission fee for a supplemental interstate simulcast
29 shall be paid by the non-host licensee and its affiliated
30 non-host licensees receiving the simulcast.
31 (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
32 intertrack wagering licensee other than the host track
33 may receive supplemental interstate simulcasts only with
34 the consent of the host track, except when the Board
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1 finds that the simulcast is clearly adverse to the
2 integrity of racing. Consent granted under this
3 paragraph (2) to any intertrack wagering licensee shall
4 be deemed consent to all non-host licensees. The
5 interstate commission fee for the supplemental interstate
6 simulcast shall be paid by all participating non-host
7 licensees.
8 (3) Each licensee conducting interstate simulcast
9 wagering may retain, subject to the payment of all
10 applicable taxes and the purses, an amount not to exceed
11 17% of all money wagered. If any licensee conducts the
12 pari-mutuel system wagering on races conducted at
13 racetracks in another state or country, each such race or
14 race program shall be considered a separate racing day
15 for the purpose of determining the daily handle and
16 computing the privilege tax of that daily handle as
17 provided in subsection (a) of Section 27. From the sums
18 permitted to be retained pursuant to this subsection,
19 each intertrack wagering location licensee shall pay 1%
20 of the pari-mutuel handle wagered on simulcast wagering
21 to the Horse Racing Tax Allocation Fund, subject to the
22 provisions of subparagraph (B) of paragraph (11) of
23 subsection (h) of Section 26 of this Act.
24 (4) A licensee who receives an interstate simulcast
25 may combine its gross or net pools with pools at the
26 sending racetracks pursuant to rules established by the
27 Board. All licensees combining their gross or net pools
28 with pools at a sending racetrack shall adopt the
29 take-out percentages of the sending racetrack.
30 (5) After the payment of the interstate commission
31 fee (except for the interstate commission fee on a
32 supplemental interstate simulcast, which shall be paid by
33 the host track and by each non-host licensee through the
34 host-track) and all applicable State and local taxes,
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1 except as provided in subsection (g) of Section 27 of
2 this Act, the remainder of moneys retained from simulcast
3 wagering pursuant to this subsection (g), and Section
4 26.2 shall be divided as follows:
5 (A) For interstate simulcast wagers made at a
6 host track, 50% to the host track and 50% to purses
7 at the host track.
8 (B) For interstate simulcast wagers made at a
9 non-host licensee other than as provided in
10 subparagraph (C) of paragraph (5) of this subsection
11 (g) and paragraph (11) of this subsection (g), 25%
12 to the host track, 25% to the non-host licensee, and
13 50% to the purses at the host track, provided, that
14 for licenses issued pursuant to paragraph (h)(1.5)
15 of this Section, 50% shall be payable to the
16 non-host licensee and 50% shall be payable to purses
17 at the host track.
18 (C) For interstate simulcast wagers made on a
19 supplemental interstate simulcast, 25% to the host
20 track, 25% to the non-host licensee from which the
21 interstate commission fee shall be paid, and 50% to
22 the purses at the host track, provided, that for
23 licenses issued pursuant to paragraph (h)(1.5) of
24 this Section, 50% shall be payable to the non-host
25 licensee and 50% shall be payable to purses at the
26 host track.
27 (D) For interstate simulcast wagers on a
28 standardbred race or races made at a host track
29 between the hours of 6:30 a.m. and 6:30 p.m. between
30 January 1 and the third Friday in February,
31 inclusive, if no live thoroughbred racing is
32 occurring in Illinois during this period, 50% to the
33 host track and 50% to standardbred purses at the
34 host track.
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1 (E) For interstate simulcast wagers on a
2 standardbred race or races made at a non-host
3 licensee between the hours of 6:30 a.m. and 6:30
4 p.m. between January 1 and the third Friday in
5 February, inclusive, if no live thoroughbred racing
6 is occurring in Illinois during this period, 25% to
7 the host track, 25% to the non-host licensee, and
8 50% to standardbred purses at the host track.
9 (F) For interstate simulcast wagers on a
10 thoroughbred race or races at a host track between
11 the hours of 6:30 a.m. and 6:30 p.m. between January
12 1 and the third Friday in February, inclusive, if no
13 live thoroughbred racing is occurring in Illinois
14 during this period, 50% to the host track and 50% to
15 the host track's interstate simulcast purse pool to
16 be distributed under paragraph (9) of this
17 subsection (g).
18 (G) For interstate simulcast wagers on a
19 thoroughbred race or races at a non-host licensee
20 between the hours of 6:30 a.m. and 6:30 p.m. between
21 January 1 and the third Friday in February,
22 inclusive, if no live thoroughbred racing is
23 occurring in Illinois during this period, 25% to the
24 host track, 25% to the non-host licensee, and 50% to
25 the host track's interstate simulcast purse pool to
26 be distributed under paragraph (9) of this
27 subsection (g).
28 (H) For supplemental interstate simulcast
29 wagers on a thoroughbred race or races at a non-host
30 licensee between the hours of 6:30 a.m. and 6:30
31 p.m. between January 1 and the third Friday in
32 February, inclusive, if no live thoroughbred racing
33 is occurring in Illinois during this period, 50% to
34 the non-host licensee and 50% to thoroughbred purses
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1 at the track from which the non-host licensee
2 derives its license.
3 (I) For interstate simulcast wagers at a host
4 track and non-host licensees between the hours of
5 6:30 p.m. and 6:30 a.m. between January 1 and the
6 third Friday in February, inclusive, if no live
7 thoroughbred racing is occurring in Illinois during
8 this period, as set forth in subparagraphs (A), (B),
9 and (C) of this paragraph (5) and paragraph (8.1) of
10 subsection (g).
11 (J) For interstate simulcast wagers at a host
12 track and non-host licensees on thoroughbred and
13 standardbred races between January 1 and the third
14 Friday in February, inclusive, if thoroughbred
15 horses are racing in Illinois during this period, as
16 set forth in subparagraphs (A), (B), and (C) of this
17 paragraph (5).
18 (6) Notwithstanding any provision in this Act to
19 the contrary, non-host licensees who derive their
20 licenses from a track located in a county with a
21 population in excess of 230,000 and that borders the
22 Mississippi River may receive supplemental interstate
23 simulcast races at all times subject to Board approval,
24 which shall be withheld only upon a finding that a
25 supplemental interstate simulcast is clearly adverse to
26 the integrity of racing.
27 (7) Notwithstanding any provision of this Act to
28 the contrary, after payment of all applicable State and
29 local taxes and interstate commission fees, non-host
30 licensees who derive their licenses from a track located
31 in a county with a population in excess of 230,000 and
32 that borders the Mississippi River shall retain 50% of
33 the retention from interstate simulcast wagers and shall
34 pay 50% to purses at the track from which the non-host
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1 licensee derives its license as follows:
2 (A) Between January 1 and the third Friday in
3 February, inclusive, if no live thoroughbred racing
4 is occurring in Illinois during this period, when
5 the interstate simulcast is a standardbred race, the
6 purse share to its standardbred purse account;
7 (B) Between January 1 and the third Friday in
8 February, inclusive, if no live thoroughbred racing
9 is occurring in Illinois during this period, and the
10 interstate simulcast is a thoroughbred race, the
11 purse share to its interstate simulcast purse pool
12 to be distributed under paragraph (10) of this
13 subsection (g);
14 (C) Between January 1 and the third Friday in
15 February, inclusive, if live thoroughbred racing is
16 occurring in Illinois, between 6:30 a.m. and 6:30
17 p.m. the purse share from wagers made during this
18 time period to its thoroughbred purse account and
19 between 6:30 p.m. and 6:30 a.m. the purse share from
20 wagers made during this time period to its
21 standardbred purse accounts;
22 (D) Between the third Saturday in February and
23 December 31, when the interstate simulcast occurs
24 between the hours of 6:30 a.m. and 6:30 p.m., the
25 purse share to its thoroughbred purse account;
26 (E) Between the third Saturday in February and
27 December 31, when the interstate simulcast occurs
28 between the hours of 6:30 p.m. and 6:30 a.m., the
29 purse share to its standardbred purse account.
30 (8) Notwithstanding any provision in this Act to
31 the contrary, an organization licensee from a track
32 located in a county with a population in excess of
33 230,000 and that borders the Mississippi River and its
34 affiliated non-host licensees shall not be entitled to
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1 share in any retention generated on racing, inter-track
2 wagering, or simulcast wagering at any other Illinois
3 track.
4 (8.1) Notwithstanding any provisions in this Act to
5 the contrary, if 2 organization licensees are conducting
6 standardbred race meetings concurrently between the hours
7 of 6:30 p.m. and 6:30 a.m., after payment of all
8 applicable State and local taxes and interstate
9 commission fees, the remainder of the amount retained
10 from simulcast wagering otherwise attributable to the
11 host track and to host track purses shall be split daily
12 between the 2 organization licensees and the purses at
13 the tracks of the 2 organization licensees, respectively,
14 based on each organization licensee's share of the total
15 live handle for that day, provided that this provision
16 shall not apply to any non-host licensee that derives its
17 license from a track located in a county with a
18 population in excess of 230,000 and that borders the
19 Mississippi River.
20 (9) The amount paid to an interstate simulcast
21 purse pool under subparagraphs (F) and (G) of paragraph
22 (5) of this subsection (g) shall be distributed as
23 follows:
24 (A) First to supplement the standardbred purse
25 account of the host track such that purses earned
26 for a single standardbred race program between the
27 hours of 6:30 a.m. and 6:30 p.m. of the host track
28 between January 1 and the third Friday in February,
29 if no live thoroughbred racing is occurring in
30 Illinois during this period, equals $75,000. For
31 any race program during this period where the number
32 of live races is less than 9, the guarantee of
33 purses for that program shall be reduced by $8,333
34 for each race fewer than 9;
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1 (B) Any amount remaining in the simulcast
2 purse pool after the payments required in
3 subparagraph (A) of this paragraph (9) shall be
4 distributed 50% to the standardbred purse account at
5 the host track and 50% to thoroughbred purse
6 accounts, excluding purse accounts at tracks located
7 in a county with a population in excess of 230,000
8 and that borders the Mississippi River. The
9 thoroughbred purse share shall be distributed to
10 thoroughbred tracks on a pro rata basis based on
11 each track's 1994 Illinois on-track handle on live
12 thoroughbred races relative to total 1994 Illinois
13 on-track handle on live thoroughbred races,
14 excluding handle on live thoroughbred races at a
15 track located in a county with a population in
16 excess of 230,000 and that borders the Mississippi
17 River;
18 (10) The amount paid to the interstate simulcast
19 purse pool under subparagraph (B) of paragraph (7) of
20 this subsection (g) shall be distributed as follows:
21 (A) First, to supplement the standardbred
22 purse account such that the purses earned for each
23 standardbred race program between January 1 and the
24 third Friday in February, if no live thoroughbred
25 racing is occurring in Illinois during this period,
26 equals $24,000. For any program during this period
27 where the number of live races is less than 9, the
28 $24,000 purse guarantee shall be reduced by $2,666
29 per race.
30 (B) Any amount remaining in the simulcast
31 purse pool after the payment required in
32 subparagraph (A) of this paragraph (10) shall be
33 distributed 50% to standardbred purses and 50% to
34 thoroughbred purses at the race track specified in
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1 paragraph (7) of this subsection (g).
2 (11) Notwithstanding any provision in this Act to
3 the contrary, subsequent to the effective date of this
4 amendatory Act of 1995 and prior to December 31, 1995, a
5 non-host licensee that conducts live standardbred racing
6 between the hours of 6:30 a.m. and 6:30 p.m. on Tuesdays
7 at a track located in a county with a population of less
8 than 1,000,000 and that is contiguous to the State of
9 Indiana may retain for its own account and its purse
10 account for standardbred racing between the hours of 6:30
11 a.m. and 6:30 p.m. on Tuesdays:
12 (A) All commissions and all purse monies
13 generated at the non-host licensee's race track from
14 simulcast wagering during its live program between
15 6:30 a.m. and 6:30 p.m. on each Tuesday, which would
16 otherwise be allocated to the host track and purses
17 at the host track and purses as provided in
18 subparagraph (B) of paragraph (5) of this subsection
19 (g); and
20 (B) To the extent the amounts described in
21 subparagraph (A) of paragraph (11) of this
22 subsection (g) are insufficient to equal the average
23 amount of commissions and the average amount of
24 purses earned on standardbred racing at the non-host
25 licensee's track between 6:30 a.m. and 6:30 p.m. on
26 Tuesdays during the 1994 calendar year as determined
27 by the Board, during the days the non-host
28 licensee's track conducts standardbred racing
29 between 6:30 a.m. and 6:30 p.m. on each Tuesday from
30 July 1, 1995, to December 31, 1995, all inter-track
31 wagering location licensees, except inter-track
32 wagering location licensees affiliated with a track
33 location in a county with a population of 230,000
34 and that borders the Mississippi River shall
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1 allocate from amounts retained from simulcast
2 wagering between 6:30 a.m. and 6:30 p.m. on each
3 Tuesday from July 1, 1995, to December 31, 1995
4 which would otherwise be allocated to the host track
5 and purses at the host track, as provided in
6 subparagraph (B) of paragraph (5) of this subsection
7 (g), to the non-host track and purses at the
8 non-host licensee, on a pro rata basis, based on
9 each inter-track wagering location licensee's share
10 of the total handle on simulcast wagering at the
11 facilities of all inter-track wagering location
12 licensees, excluding those intertrack wagering
13 location licensees affiliated with a track located
14 in a county with a population of 230,000 and that
15 borders the Mississippi River for that Tuesday, so
16 that the non-host licensee's commissions and purses
17 earned for standardbred racing between 6:30 a.m. and
18 6:30 p.m. on the given Tuesday in 1995 equals the
19 average amount of commissions and purses earned on
20 standardbred racing at the non-host licensee's track
21 between 6:30 a.m. and 6:30 p.m. on Tuesdays during
22 the 1994 calendar year as determined by the Board.
23 Within 72 hours after the non-host licensee holds
24 standardbred races between 6:30 a.m. and 6:30 p.m.
25 in calendar year 1995 on a Tuesday and after
26 enactment of this amendatory Act of 1995, the Board
27 shall notify each inter-track wagering location
28 licensee of the amount from its simulcast wagering
29 between 6:30 a.m. and 6:30 p.m. on each Tuesday in
30 1995 to be allocated to the non-host licensee and
31 purses for standardbred racing at the non-host
32 licensee for that Tuesday.
33 (12) The Board shall have authority to compel all
34 host tracks to receive the simulcast of any or all races
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1 conducted at the Springfield or DuQuoin State fairgrounds
2 and include all such races as part of their simulcast
3 programs.
4 (13) Notwithstanding any other provision of this
5 Act, in the event that the total Illinois pari-mutuel
6 handle on Illinois horse races at all wagering facilities
7 in any calendar year is less than 75% of the total
8 Illinois pari-mutuel handle on Illinois horse races at
9 all such wagering facilities for calendar year 1994, then
10 each wagering facility that has an annual total Illinois
11 pari-mutuel handle on Illinois horse races that is less
12 than 75% of the total Illinois pari-mutuel handle on
13 Illinois horse races at such wagering facility for
14 calendar year 1994, shall be permitted to receive, from
15 any amount otherwise payable to the purse account at the
16 race track with which the wagering facility is affiliated
17 in the succeeding calendar year, an amount equal to 2% of
18 the differential in total Illinois pari-mutuel handle on
19 Illinois horse races at the wagering facility between
20 that calendar year in question and 1994 provided,
21 however, that a wagering facility shall not be entitled
22 to any such payment until the Board certifies in writing
23 to the wagering facility the amount to which the wagering
24 facility is entitled and a schedule for payment of the
25 amount to the wagering facility, based on: (i) the racing
26 dates awarded to the race track affiliated with the
27 wagering facility during the succeeding year; (ii) the
28 sums available or anticipated to be available in the
29 purse account of the race track affiliated with the
30 wagering facility for purses during the succeeding year;
31 and (iii) the need to ensure reasonable purse levels
32 during the payment period. The Board's certification
33 shall be provided no later than January 31 of the
34 succeeding year. In the event a wagering facility
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1 entitled to a payment under this paragraph (13) is
2 affiliated with a race track that maintains purse
3 accounts for both standardbred and thoroughbred racing,
4 the amount to be paid to the wagering facility shall be
5 divided between each purse account pro rata, based on the
6 amount of Illinois handle on Illinois standardbred and
7 thoroughbred racing respectively at the wagering facility
8 during the previous calendar year.
9 (h) The Board may approve and license the conduct of
10 inter-track wagering and simulcast wagering by inter-track
11 wagering licensees and inter-track wagering location
12 licensees subject to the following terms and conditions:
13 (1) Any person licensed to conduct a race meeting
14 at a track where 60 or more days of racing were conducted
15 during the immediately preceding calendar year or where
16 over the 5 immediately preceding calendar years an
17 average of 30 or more days of racing were conducted
18 annually or at a track located in a county that is
19 bounded by the Mississippi River, which has a population
20 of less than 150,000 according to the 1990 decennial
21 census, and an average of at least 60 days of racing per
22 year between 1985 and 1993 may be issued an inter-track
23 wagering license. Any such person having operating
24 control of the racing facility may also receive up to 6
25 inter-track wagering location licenses. In no event shall
26 more than 6 inter-track wagering locations be established
27 for each eligible race track, except that an eligible
28 race track located in a county that has a population of
29 more than 230,000 and that is bounded by the Mississippi
30 River may establish up to 7 inter-track wagering
31 locations. An application for an inter-track wagering
32 location said license shall be filed with the Board prior
33 to such dates as may be fixed by the Board. With an
34 application for an inter-track wagering location license
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1 there shall be delivered to the Board a certified check
2 or bank draft payable to the order of the Board for an
3 amount equal to $500. The application shall be on forms
4 prescribed and furnished by the Board. The application
5 shall comply with all other rules, regulations and
6 conditions imposed by the Board in connection therewith.
7 (1.5) If, on or after January 1, 2000, any
8 organization licensee did not receive the maximum number
9 of inter-track wagering location licenses authorized
10 under this subsection (h)(1.5), any person who is
11 eligible to receive an organization license under this
12 Act, regardless of whether the person has operating
13 control of a racing facility, may apply for any unissued
14 inter-track wagering location license. No organization
15 licensee may reapply for any inter-track wagering
16 location license that had been issued at any previous
17 time to that same organization licensee. No organization
18 licensee may apply for any inter-track wagering location
19 license authorized for issuance to another organization
20 licensee unless the organization licensee applying for
21 the other organization licensee's authorized but unissued
22 inter-track wagering location license either (i) has been
23 issued all inter-track wagering location licenses
24 authorized for issuance to that applicant or (ii) has
25 applied for and secured the issuance of at least one more
26 inter-track wagering location license that had been
27 authorized for issuance to that applicant. The Board
28 shall make rules, which shall become effective January 1,
29 2000, as necessary to implement the provisions of this
30 amendatory Act of 1999 concerning the issuance of an
31 inter-track wagering location license to a person who
32 does not have operating control of a racing facility and
33 the issuance of an inter-track wagering location license
34 to an organization licensee who either has been issued
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1 all inter-track wagering location licenses authorized for
2 the organization license or who has applied for and
3 secured at least one more such authorized but unissued
4 inter-track wagering location license. If a person who
5 does not have operating control of a racing facility
6 applies for an inter-track wagering location license or
7 if any organization licensee applies for issuance of an
8 inter-track wagering location license that is authorized
9 for another organization licensee but has not been
10 issued, the applicant shall specify in the application
11 the unissued inter-track wagering location license for
12 which he or she is applying. No person shall be issued
13 more than 2 inter-track wagering location licenses
14 pursuant to this paragraph (1.5), nor may any person
15 maintain more than 2 inter-track wagering location
16 licenses, if he or she does not have operating control of
17 a racing facility. Nothing in this paragraph (1.5) shall
18 prevent a person from being issued successive licenses,
19 provided that the limit of 2 inter-track wagering
20 location licenses for persons who do not have operating
21 control of a racing facility is not exceeded. No
22 inter-track wagering location license authorized under
23 this paragraph (1.5) shall authorize an inter-track
24 wagering location licensee to conduct inter-track
25 wagering within 2 miles of any currently operating
26 inter-track wagering location. An inter-track wagering
27 location license authorized under this paragraph (1.5)
28 shall be considered to be affiliated with the race track
29 specified in the application for the purpose of making
30 any payments under this Act, including, but not limited
31 to, taxes and payments to purses, except that neither the
32 privilege tax under Section 27 of this Act nor any
33 percentage to the host track under subparagraph (g)(5)(B)
34 or subparagraph (g)(5)(C) shall be payable whenever,
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1 pursuant to this paragraph (1.5), the Board has approved
2 the issuance of an inter-track wagering location license
3 that was authorized, but not issued, to a person who does
4 not have operating control of a racing facility or to
5 another organization licensee.
6 (2) The Board shall examine the applications with
7 respect to their conformity with this Act and the rules
8 and regulations imposed by the Board. If found to be in
9 compliance with the Act and rules and regulations of the
10 Board, the Board may then issue a license to conduct
11 inter-track wagering and simulcast wagering to such
12 applicant. All such applications shall be acted upon by
13 the Board at a meeting to be held on such date as may be
14 fixed by the Board.
15 (3) In granting licenses to conduct inter-track
16 wagering and simulcast wagering, the Board shall give due
17 consideration to the best interests of the public, of
18 horse racing, and of maximizing revenue to the State.
19 (4) Prior to the issuance of a license to conduct
20 inter-track wagering and simulcast wagering, the
21 applicant shall file with the Board a bond payable to the
22 State of Illinois in the sum of $50,000, executed by the
23 applicant and a surety company or companies authorized to
24 do business in this State, and conditioned upon (i) the
25 payment by the licensee of all taxes due under Section 27
26 or 27.1 and any other monies due and payable under this
27 Act, and (ii) distribution by the licensee, upon
28 presentation of the winning ticket or tickets, of all
29 sums payable to the patrons of pari-mutuel pools.
30 (5) Each license to conduct inter-track wagering
31 and simulcast wagering shall specify the person to whom
32 it is issued, the dates on which such wagering is
33 permitted, and the track or location where the wagering
34 is to be conducted.
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1 (6) All wagering under such license is subject to
2 this Act and to the rules and regulations from time to
3 time prescribed by the Board, and every such license
4 issued by the Board shall contain a recital to that
5 effect.
6 (7) An inter-track wagering licensee or inter-track
7 wagering location licensee may accept wagers at the track
8 or location where it is licensed, or as otherwise
9 provided under this Act.
10 (8) Inter-track wagering or simulcast wagering
11 shall not be conducted at any track less than 5 miles
12 from a track at which a racing meeting is in progress.
13 (8.1) Inter-track wagering location licensees who
14 derive their licenses from a particular organization
15 licensee shall conduct inter-track wagering and simulcast
16 wagering only at locations which are either within 90
17 miles of that race track where the particular
18 organization licensee is licensed to conduct racing, or
19 within 135 miles of that race track where the particular
20 organization licensee is licensed to conduct racing in
21 the case of race tracks in counties of less than 400,000
22 that were operating on or before June 1, 1986. However,
23 inter-track wagering and simulcast wagering shall not be
24 conducted by those licensees at any location within 5
25 miles of any race track at which a horse race meeting has
26 been licensed in the current year, unless the person
27 having operating control of such race track has given its
28 written consent to such inter-track wagering location
29 licensees, which consent must be filed with the Board at
30 or prior to the time application is made.
31 (8.2) Inter-track wagering or simulcast wagering
32 shall not be conducted by an inter-track wagering
33 location licensee at any location within 500 feet of an
34 existing church or existing school, nor within 500 feet
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1 of the residences of more than 50 registered voters
2 without receiving written permission from a majority of
3 the registered voters at such residences. Such written
4 permission statements shall be filed with the Board. The
5 distance of 500 feet shall be measured to the nearest
6 part of any building used for worship services, education
7 programs, residential purposes, or conducting inter-track
8 wagering by an inter-track wagering location licensee,
9 and not to property boundaries. However, inter-track
10 wagering or simulcast wagering may be conducted at a site
11 within 500 feet of a church, school or residences of 50
12 or more registered voters if such church, school or
13 residences have been erected or established, or such
14 voters have been registered, after the Board issues the
15 original inter-track wagering location license at the
16 site in question. Inter-track wagering location licensees
17 may conduct inter-track wagering and simulcast wagering
18 only in areas that are zoned for commercial or
19 manufacturing purposes or in areas for which a special
20 use has been approved by the local zoning authority.
21 However, no license to conduct inter-track wagering and
22 simulcast wagering shall be granted by the Board with
23 respect to any inter-track wagering location within the
24 jurisdiction of any local zoning authority which has, by
25 ordinance or by resolution, prohibited the establishment
26 of an inter-track wagering location within its
27 jurisdiction. However, inter-track wagering and
28 simulcast wagering may be conducted at a site if such
29 ordinance or resolution is enacted after the Board
30 licenses the original inter-track wagering location
31 licensee for the site in question.
32 (9) (Blank).
33 (10) An inter-track wagering licensee or an
34 inter-track wagering location licensee may retain,
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1 subject to the payment of the privilege taxes and the
2 purses, an amount not to exceed 17% of all money wagered.
3 Each program of racing conducted by each inter-track
4 wagering licensee or inter-track wagering location
5 licensee shall be considered a separate racing day for
6 the purpose of determining the daily handle and computing
7 the privilege tax on such daily handle as provided in
8 Section 27.1.
9 (10.1) Except as provided in subsection (g) of
10 Section 27 of this Act, inter-track wagering location
11 licensees shall pay 1% of the pari-mutuel handle at each
12 location to the municipality in which such location is
13 situated and 1% of the pari-mutuel handle at each
14 location to the county in which such location is
15 situated. In the event that an inter-track wagering
16 location licensee is situated in an unincorporated area
17 of a county, such licensee shall pay 2% of the
18 pari-mutuel handle from such location to such county.
19 (10.2) Notwithstanding any other provision of this
20 Act, with respect to intertrack wagering at a race track
21 located in a county that has a population of more than
22 230,000 and that is bounded by the Mississippi River
23 ("the first race track"), or at a facility operated by an
24 inter-track wagering licensee or inter-track wagering
25 location licensee that derives its license from the
26 organization licensee that operates the first race track,
27 on races conducted at the first race track or on races
28 conducted at another Illinois race track and
29 simultaneously televised to the first race track or to a
30 facility operated by an inter-track wagering licensee or
31 inter-track wagering location licensee that derives its
32 license from the organization licensee that operates the
33 first race track, those moneys shall be allocated as
34 follows:
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1 (A) That portion of all moneys wagered on
2 standardbred racing that is required under this Act
3 to be paid to purses shall be paid to purses for
4 standardbred races.
5 (B) That portion of all moneys wagered on
6 thoroughbred racing that is required under this Act
7 to be paid to purses shall be paid to purses for
8 thoroughbred races.
9 (11) (A) After payment of the privilege tax, any
10 other applicable taxes, and the costs and expenses in
11 connection with the gathering, transmission, and
12 dissemination of all data necessary to the conduct of
13 inter-track wagering, the remainder of the monies
14 retained under either Section 26 or Section 26.2 of this
15 Act by the inter-track wagering licensee on inter-track
16 wagering shall be allocated with 50% to be split between
17 the 2 participating licensees and 50% to purses, except
18 that an intertrack wagering licensee that derives its
19 license from a track located in a county with a
20 population in excess of 230,000 and that borders the
21 Mississippi River shall not divide any remaining
22 retention with the Illinois organization licensee that
23 provides the race or races, and an intertrack wagering
24 licensee that accepts wagers on races conducted by an
25 organization licensee that conducts a race meet in a
26 county with a population in excess of 230,000 and that
27 borders the Mississippi River shall not divide any
28 remaining retention with that organization licensee.
29 (B) From the sums permitted to be retained pursuant
30 to this Act each inter-track wagering location licensee
31 shall pay (i) the privilege tax to the State; (ii) 4% of
32 the pari-mutuel handle on intertrack wagering at such
33 location on races as purses, except that an intertrack
34 wagering location licensee that derives its license from
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1 a track located in a county with a population in excess
2 of 230,000 and that borders the Mississippi River shall
3 retain all purse moneys for its own purse account
4 consistent with distribution set forth in this subsection
5 (h), and intertrack wagering location licensees that
6 accept wagers on races conducted by an organization
7 licensee located in a county with a population in excess
8 of 230,000 and that borders the Mississippi River shall
9 distribute all purse moneys to purses at the operating
10 host track; (iii) except as provided in subsection (g) of
11 Section 27 of this Act, 1% of the pari-mutuel handle
12 wagered on inter-track wagering and simulcast wagering at
13 each inter-track wagering location licensee facility to
14 the Horse Racing Tax Allocation Fund, provided that, to
15 the extent the total amount collected and distributed to
16 the Horse Racing Tax Allocation Fund under this
17 subsection (h) during any calendar year exceeds the
18 amount collected and distributed to the Horse Racing Tax
19 Allocation Fund during calendar year 1994, that excess
20 amount shall be redistributed (I) to all inter-track
21 wagering location licensees, based on each licensee's
22 pro-rata share of the total handle from inter-track
23 wagering and simulcast wagering for all inter-track
24 wagering location licensees during the calendar year in
25 which this provision is applicable; then (II) the amounts
26 redistributed to each inter-track wagering location
27 licensee as described in subpart (I) shall be further
28 redistributed as provided in subparagraph (B) of
29 paragraph (5) of subsection (g) of this Section 26
30 provided first, that the shares of those amounts, which
31 are to be redistributed to the host track or to purses at
32 the host track under subparagraph (B) of paragraph (5) of
33 subsection (g) of this Section 26 shall be redistributed
34 based on each host track's pro rata share of the total
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1 inter-track wagering and simulcast wagering handle at all
2 host tracks during the calendar year in question, and
3 second, that any amounts redistributed as described in
4 part (I) to an inter-track wagering location licensee
5 that accepts wagers on races conducted by an organization
6 licensee that conducts a race meet in a county with a
7 population in excess of 230,000 and that borders the
8 Mississippi River shall be further redistributed as
9 provided in subparagraphs (D) and (E) of paragraph (7) of
10 subsection (g) of this Section 26, with the portion of
11 that further redistribution allocated to purses at that
12 organization licensee to be divided between standardbred
13 purses and thoroughbred purses based on the amounts
14 otherwise allocated to purses at that organization
15 licensee during the calendar year in question; and (iv)
16 8% of the pari-mutuel handle on inter-track wagering
17 wagered at such location to satisfy all costs and
18 expenses of conducting its wagering. The remainder of the
19 monies retained by the inter-track wagering location
20 licensee shall be allocated 40% to the location licensee
21 and 60% to the organization licensee which provides the
22 Illinois races to the location, except that an intertrack
23 wagering location licensee that derives its license from
24 a track located in a county with a population in excess
25 of 230,000 and that borders the Mississippi River shall
26 not divide any remaining retention with the organization
27 licensee that provides the race or races and an
28 intertrack wagering location licensee that accepts wagers
29 on races conducted by an organization licensee that
30 conducts a race meet in a county with a population in
31 excess of 230,000 and that borders the Mississippi River
32 shall not divide any remaining retention with the
33 organization licensee. Notwithstanding the provisions of
34 clauses (ii) and (iv) of this paragraph, in the case of
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1 the additional inter-track wagering location licenses
2 authorized under paragraph (1) of this subsection (h) by
3 this amendatory Act of 1991, those licensees shall pay
4 the following amounts as purses: during the first 12
5 months the licensee is in operation, 4.5% of the
6 pari-mutuel handle wagered at the location on races;
7 during the second 12 months, 4.5%; during the third 12
8 months, 5%; during the fourth 12 months, 5.5%; and during
9 the fifth 12 months and thereafter, 6%. The following
10 amounts shall be retained by the licensee to satisfy all
11 costs and expenses of conducting its wagering: during the
12 first 12 months the licensee is in operation, 7.5% of the
13 pari-mutuel handle wagered at the location; during the
14 second 12 months, 7.5%; during the third 12 months, 7%;
15 during the fourth 12 months, 6.5%; and during the fifth
16 12 months and thereafter, 6%. For additional intertrack
17 wagering location licensees authorized under this
18 amendatory Act of 1995, purses for the first 12 months
19 the licensee is in operation shall be 5% of the
20 pari-mutuel wagered at the location, purses for the
21 second 12 months the licensee is in operation shall be 5
22 1/2%, and purses thereafter shall be 6%. For additional
23 intertrack location licensees authorized under this
24 amendatory Act of 1995, the licensee shall be allowed to
25 retain to satisfy all costs and expenses: 7% of the
26 pari-mutuel handle wagered at the location during its
27 first 12 months of operation, 6.5% during its second 12
28 months of operation, and 6% thereafter.
29 (C) There is hereby created the Horse Racing Tax
30 Allocation Fund.
31 All monies paid into the Horse Racing Tax Allocation
32 Fund pursuant to this paragraph (11) by inter-track
33 wagering location licensees located in park districts of
34 500,000 population or less, or in a municipality that is
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1 not included within any park district but is included
2 within a conservation district and is the county seat of
3 a county that (i) is contiguous to the state of Indiana
4 and (ii) has a 1990 population of 88,257 according to the
5 United States Bureau of the Census, and operating on May
6 1, 1994 shall be allocated by appropriation as follows:
7 Two-sevenths to the Department of Agriculture.
8 Fifty percent of this two-sevenths shall be used to
9 promote the Illinois horse racing and breeding
10 industry, and shall be distributed by the Department
11 of Agriculture upon the advice of a 9-member
12 committee appointed by the Governor consisting of
13 the following members: the Director of Agriculture,
14 who shall serve as chairman; 2 representatives of
15 organization licensees conducting thoroughbred race
16 meetings in this State, recommended by those
17 licensees; 2 representatives of organization
18 licensees conducting standardbred race meetings in
19 this State, recommended by those licensees; a
20 representative of the Illinois Thoroughbred Breeders
21 and Owners Foundation, recommended by that
22 Foundation; a representative of the Illinois
23 Standardbred Owners and Breeders Association,
24 recommended by that Association; a representative of
25 the Horsemen's Benevolent and Protective Association
26 or any successor organization thereto established in
27 Illinois comprised of the largest number of owners
28 and trainers, recommended by that Association or
29 that successor organization; and a representative of
30 the Illinois Harness Horsemen's Association,
31 recommended by that Association. Committee members
32 shall serve for terms of 2 years, commencing January
33 1 of each even-numbered year. If a representative
34 of any of the above-named entities has not been
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1 recommended by January 1 of any even-numbered year,
2 the Governor shall appoint a committee member to
3 fill that position. Committee members shall receive
4 no compensation for their services as members but
5 shall be reimbursed for all actual and necessary
6 expenses and disbursements incurred in the
7 performance of their official duties. The remaining
8 50% of this two-sevenths shall be distributed to
9 county fairs for premiums and rehabilitation as set
10 forth in the Agricultural Fair Act;
11 Four-sevenths to park districts or
12 municipalities that do not have a park district of
13 500,000 population or less for museum purposes (if
14 an inter-track wagering location licensee is located
15 in such a park district) or to conservation
16 districts for museum purposes (if an inter-track
17 wagering location licensee is located in a
18 municipality that is not included within any park
19 district but is included within a conservation
20 district and is the county seat of a county that (i)
21 is contiguous to the state of Indiana and (ii) has a
22 1990 population of 88,257 according to the United
23 States Bureau of the Census, except that if the
24 conservation district does not maintain a museum,
25 the monies shall be allocated equally between the
26 county and the municipality in which the inter-track
27 wagering location licensee is located for general
28 purposes) or to a municipal recreation board for
29 park purposes (if an inter-track wagering location
30 licensee is located in a municipality that is not
31 included within any park district and park
32 maintenance is the function of the municipal
33 recreation board and the municipality has a 1990
34 population of 9,302 according to the United States
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1 Bureau of the Census); provided that the monies are
2 distributed to each park district or conservation
3 district or municipality that does not have a park
4 district in an amount equal to four-sevenths of the
5 amount collected by each inter-track wagering
6 location licensee within the park district or
7 conservation district or municipality for the Fund.
8 Monies that were paid into the Horse Racing Tax
9 Allocation Fund before the effective date of this
10 amendatory Act of 1991 by an inter-track wagering
11 location licensee located in a municipality that is
12 not included within any park district but is
13 included within a conservation district as provided
14 in this paragraph shall, as soon as practicable
15 after the effective date of this amendatory Act of
16 1991, be allocated and paid to that conservation
17 district as provided in this paragraph. Any park
18 district or municipality not maintaining a museum
19 may deposit the monies in the corporate fund of the
20 park district or municipality where the inter-track
21 wagering location is located, to be used for general
22 purposes; and
23 One-seventh to the Agricultural Premium Fund to
24 be used for distribution to agricultural home
25 economics extension councils in accordance with "An
26 Act in relation to additional support and finances
27 for the Agricultural and Home Economic Extension
28 Councils in the several counties of this State and
29 making an appropriation therefor", approved July 24,
30 1967.
31 All other monies paid into the Horse Racing Tax
32 Allocation Fund pursuant to this paragraph (11) shall be
33 allocated by appropriation as follows:
34 Two-sevenths to the Department of Agriculture.
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1 Fifty percent of this two-sevenths shall be used to
2 promote the Illinois horse racing and breeding
3 industry, and shall be distributed by the Department
4 of Agriculture upon the advice of a 9-member
5 committee appointed by the Governor consisting of
6 the following members: the Director of Agriculture,
7 who shall serve as chairman; 2 representatives of
8 organization licensees conducting thoroughbred race
9 meetings in this State, recommended by those
10 licensees; 2 representatives of organization
11 licensees conducting standardbred race meetings in
12 this State, recommended by those licensees; a
13 representative of the Illinois Thoroughbred Breeders
14 and Owners Foundation, recommended by that
15 Foundation; a representative of the Illinois
16 Standardbred Owners and Breeders Association,
17 recommended by that Association; a representative of
18 the Horsemen's Benevolent and Protective Association
19 or any successor organization thereto established in
20 Illinois comprised of the largest number of owners
21 and trainers, recommended by that Association or
22 that successor organization; and a representative of
23 the Illinois Harness Horsemen's Association,
24 recommended by that Association. Committee members
25 shall serve for terms of 2 years, commencing January
26 1 of each even-numbered year. If a representative
27 of any of the above-named entities has not been
28 recommended by January 1 of any even-numbered year,
29 the Governor shall appoint a committee member to
30 fill that position. Committee members shall receive
31 no compensation for their services as members but
32 shall be reimbursed for all actual and necessary
33 expenses and disbursements incurred in the
34 performance of their official duties. The remaining
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1 50% of this two-sevenths shall be distributed to
2 county fairs for premiums and rehabilitation as set
3 forth in the Agricultural Fair Act;
4 Four-sevenths to museums and aquariums located
5 in park districts of over 500,000 population;
6 provided that the monies are distributed in
7 accordance with the previous year's distribution of
8 the maintenance tax for such museums and aquariums
9 as provided in Section 2 of the Park District
10 Aquarium and Museum Act; and
11 One-seventh to the Agricultural Premium Fund to
12 be used for distribution to agricultural home
13 economics extension councils in accordance with "An
14 Act in relation to additional support and finances
15 for the Agricultural and Home Economic Extension
16 Councils in the several counties of this State and
17 making an appropriation therefor", approved July 24,
18 1967.
19 (D) Except as provided in paragraph (11) of
20 this subsection (h), with respect to purse
21 allocation from intertrack wagering, the monies so
22 retained shall be divided as follows:
23 (i) If the inter-track wagering licensee,
24 except an intertrack wagering licensee that
25 derives its license from an organization
26 licensee located in a county with a population
27 in excess of 230,000 and bounded by the
28 Mississippi River, is not conducting its own
29 race meeting during the same dates, then the
30 entire purse allocation shall be to purses at
31 the track where the races wagered on are being
32 conducted.
33 (ii) If the inter-track wagering
34 licensee, except an intertrack wagering
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1 licensee that derives its license from an
2 organization licensee located in a county with
3 a population in excess of 230,000 and bounded
4 by the Mississippi River, is also conducting
5 its own race meeting during the same dates,
6 then the purse allocation shall be as follows:
7 50% to purses at the track where the races
8 wagered on are being conducted; 50% to purses
9 at the track where the inter-track wagering
10 licensee is accepting such wagers.
11 (iii) If the inter-track wagering is
12 being conducted by an inter-track wagering
13 location licensee, except an intertrack
14 wagering location licensee that derives its
15 license from an organization licensee located
16 in a county with a population in excess of
17 230,000 and bounded by the Mississippi River,
18 the entire purse allocation for Illinois races
19 shall be to purses at the track where the race
20 meeting being wagered on is being held.
21 (12) The Board shall have all powers necessary and
22 proper to fully supervise and control the conduct of
23 inter-track wagering and simulcast wagering by
24 inter-track wagering licensees and inter-track wagering
25 location licensees, including, but not limited to the
26 following:
27 (A) The Board is vested with power to
28 promulgate reasonable rules and regulations for the
29 purpose of administering the conduct of this
30 wagering and to prescribe reasonable rules,
31 regulations and conditions under which such wagering
32 shall be held and conducted. Such rules and
33 regulations are to provide for the prevention of
34 practices detrimental to the public interest and for
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1 the best interests of said wagering and to impose
2 penalties for violations thereof.
3 (B) The Board, and any person or persons to
4 whom it delegates this power, is vested with the
5 power to enter the facilities of any licensee to
6 determine whether there has been compliance with the
7 provisions of this Act and the rules and regulations
8 relating to the conduct of such wagering.
9 (C) The Board, and any person or persons to
10 whom it delegates this power, may eject or exclude
11 from any licensee's facilities, any person whose
12 conduct or reputation is such that his presence on
13 such premises may, in the opinion of the Board, call
14 into the question the honesty and integrity of, or
15 interfere with the orderly conduct of such wagering;
16 provided, however, that no person shall be excluded
17 or ejected from such premises solely on the grounds
18 of race, color, creed, national origin, ancestry, or
19 sex.
20 (D) (Blank).
21 (E) The Board is vested with the power to
22 appoint delegates to execute any of the powers
23 granted to it under this Section for the purpose of
24 administering this wagering and any rules and
25 regulations promulgated in accordance with this Act.
26 (F) The Board shall name and appoint a State
27 director of this wagering who shall be a
28 representative of the Board and whose duty it shall
29 be to supervise the conduct of inter-track wagering
30 as may be provided for by the rules and regulations
31 of the Board; such rules and regulation shall
32 specify the method of appointment and the Director's
33 powers, authority and duties.
34 (G) The Board is vested with the power to
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1 impose civil penalties of up to $5,000 against
2 individuals and up to $10,000 against licensees for
3 each violation of any provision of this Act relating
4 to the conduct of this wagering, any rules adopted
5 by the Board, any order of the Board or any other
6 action which in the Board's discretion, is a
7 detriment or impediment to such wagering.
8 (13) The Department of Agriculture may enter into
9 agreements with licensees authorizing such licensees to
10 conduct inter-track wagering on races to be held at the
11 licensed race meetings conducted by the Department of
12 Agriculture. Such agreement shall specify the races of
13 the Department of Agriculture's licensed race meeting
14 upon which the licensees will conduct wagering. In the
15 event that a licensee conducts inter-track pari-mutuel
16 wagering on races from the Illinois State Fair or DuQuoin
17 State Fair which are in addition to the licensee's
18 previously approved racing program, those races shall be
19 considered a separate racing day for the purpose of
20 determining the daily handle and computing the privilege
21 tax on that daily handle as provided in Sections 27 and
22 27.1. Such agreements shall be approved by the Board
23 before such wagering may be conducted. In determining
24 whether to grant approval, the Board shall give due
25 consideration to the best interests of the public and of
26 horse racing. The provisions of paragraphs (1), (8),
27 (8.1), and (8.2) of subsection (h) of this Section which
28 are not specified in this paragraph (13) shall not apply
29 to licensed race meetings conducted by the Department of
30 Agriculture at the Illinois State Fair in Sangamon County
31 or the DuQuoin State Fair in Perry County, or to any
32 wagering conducted on those race meetings.
33 (i) Notwithstanding the other provisions of this Act,
34 the conduct of wagering at wagering facilities is authorized
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1 on all days, except as limited by subsection (b) of Section
2 19 of this Act.
3 (Source: P.A. 88-358; 88-572, eff. 8-11-94; 88-661, eff.
4 9-16-94; 89-16, eff. 5-30-95.)
5 (230 ILCS 5/30) (from Ch. 8, par. 37-30)
6 Sec. 30. (a) The General Assembly declares that it is
7 the policy of this State to encourage the breeding of
8 thoroughbred horses in this State and the ownership of such
9 horses by residents of this State in order to provide for:
10 sufficient numbers of high quality thoroughbred horses to
11 participate in thoroughbred racing meetings in this State,
12 and to establish and preserve the agricultural and commercial
13 benefits of such breeding and racing industries to the State
14 of Illinois. It is the intent of the General Assembly to
15 further this policy by the provisions of this Act.
16 (b) Each organization licensee conducting a thoroughbred
17 racing meeting pursuant to this Act shall provide at least
18 two races each day limited to Illinois conceived and foaled
19 horses or Illinois foaled horses or both. A minimum of 6
20 races shall be conducted each week limited to Illinois
21 conceived and foaled or Illinois foaled horses or both. No
22 horses shall be permitted to start in such races unless duly
23 registered under the rules of the Department of Agriculture.
24 (c) Conditions of races under subsection (b) shall be
25 commensurate with past performance, quality, and class of
26 Illinois conceived and foaled and Illinois foaled horses
27 available. If, however, sufficient competition cannot be had
28 among horses of that class on any day, the races may, with
29 consent of the Board, be eliminated for that day and
30 substitute races provided.
31 (d) There is hereby created a special fund of the State
32 Treasury to be known as the Illinois Thoroughbred Breeders
33 Fund.
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1 Except as provided in subsection (g) of Section 27 of
2 this Act, 8.5% of all the monies received by the State as
3 privilege taxes on Thoroughbred racing meetings shall be paid
4 into the Illinois Thoroughbred Breeders Fund.
5 (e) The Illinois Thoroughbred Breeders Fund shall be
6 administered by the Department of Agriculture with the advice
7 and assistance of the Advisory Board created in subsection
8 (f) of this Section.
9 (f) The Illinois Thoroughbred Breeders Fund Advisory
10 Board shall consist of the Director of the Department of
11 Agriculture, who shall serve as Chairman; a member of the
12 Illinois Racing Board, designated by it; 2 representatives of
13 the organization licensees conducting thoroughbred racing
14 meetings, recommended by them; 2 representatives of the
15 Illinois Thoroughbred Breeders and Owners Foundation,
16 recommended by it; and 2 representatives of the Horsemen's
17 Benevolent Protective Association or any successor
18 organization established in Illinois comprised of the largest
19 number of owners and trainers, recommended by it, with one
20 representative of the Horsemen's Benevolent and Protective
21 Association to come from its Illinois Division, and one from
22 its Chicago Division. Advisory Board members shall serve for
23 2 years commencing January 1 of each odd numbered year. If
24 representatives of the organization licensees conducting
25 thoroughbred racing meetings, the Illinois Thoroughbred
26 Breeders and Owners Foundation, and the Horsemen's Benevolent
27 Protection Association have not been recommended by January
28 1, of each odd numbered year, the Director of the Department
29 of Agriculture shall make an appointment for the organization
30 failing to so recommend a member of the Advisory Board.
31 Advisory Board members shall receive no compensation for
32 their services as members but shall be reimbursed for all
33 actual and necessary expenses and disbursements incurred in
34 the execution of their official duties.
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1 (g) No monies shall be expended from the Illinois
2 Thoroughbred Breeders Fund except as appropriated by the
3 General Assembly. Monies appropriated from the Illinois
4 Thoroughbred Breeders Fund shall be expended by the
5 Department of Agriculture, with the advice and assistance of
6 the Illinois Thoroughbred Breeders Fund Advisory Board, for
7 the following purposes only:
8 (1) To provide purse supplements to owners of
9 horses participating in races limited to Illinois
10 conceived and foaled and Illinois foaled horses. Any
11 such purse supplements shall not be included in and shall
12 be paid in addition to any purses, stakes, or breeders'
13 awards offered by each organization licensee as
14 determined by agreement between such organization
15 licensee and an organization representing the horsemen.
16 No monies from the Illinois Thoroughbred Breeders Fund
17 shall be used to provide purse supplements for claiming
18 races in which the minimum claiming price is less than
19 $7,500.
20 (2) To provide stakes and awards to be paid to the
21 owners of the winning horses in certain races limited to
22 Illinois conceived and foaled and Illinois foaled horses
23 designated as stakes races.
24 (2.5) To provide an award to the owner or owners of
25 an Illinois conceived and foaled or Illinois foaled horse
26 that wins a maiden special weight, an allowance,
27 overnight handicap race, or claiming race with claiming
28 price of $10,000 or more providing the race is not
29 restricted to Illinois conceived and foaled or Illinois
30 foaled horses. Awards shall also be provided to the
31 owner or owners of Illinois conceived and foaled and
32 Illinois foaled horses that place second or third in
33 those races. To the extent that additional moneys are
34 required to pay the minimum additional awards of 40% of
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1 the purse the horse earns for placing first, second or
2 third in those races for Illinois foaled horses and of
3 60% of the purse the horse earns for placing first,
4 second or third in those races for Illinois conceived and
5 foaled horses, those moneys shall be provided from the
6 purse account at the track where earned.
7 (3) To provide stallion awards to the owner or
8 owners of any stallion that is duly registered with the
9 Illinois Thoroughbred Breeders Fund Program prior to the
10 effective date of this amendatory Act of 1995 whose duly
11 registered Illinois conceived and foaled offspring wins a
12 race conducted at an Illinois thoroughbred racing meeting
13 other than a claiming race. Such award shall not be paid
14 to the owner or owners of an Illinois stallion that
15 served outside this State at any time during the calendar
16 year in which such race was conducted.
17 (4) To provide $75,000 annually for purses to be
18 distributed to county fairs that provide for the running
19 of races during each county fair exclusively for the
20 thoroughbreds conceived and foaled in Illinois. The
21 conditions of the races shall be developed by the county
22 fair association and reviewed by the Department with the
23 advice and assistance of the Illinois Thoroughbred
24 Breeders Fund Advisory Board. There shall be no wagering
25 of any kind on the running of Illinois conceived and
26 foaled races at county fairs.
27 (4.1) To provide purse money for an Illinois
28 stallion stakes program.
29 (5) No less than 80% of all monies appropriated
30 from the Illinois Thoroughbred Breeders Fund shall be
31 expended for the purposes in (1), (2), (2.5), (3), (4),
32 (4.1), and (5) as shown above.
33 (6) To provide for educational programs regarding
34 the thoroughbred breeding industry.
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1 (7) To provide for research programs concerning the
2 health, development and care of the thoroughbred horse.
3 (8) To provide for a scholarship and training
4 program for students of equine veterinary medicine.
5 (9) To provide for dissemination of public
6 information designed to promote the breeding of
7 thoroughbred horses in Illinois.
8 (10) To provide for all expenses incurred in the
9 administration of the Illinois Thoroughbred Breeders
10 Fund.
11 (h) Whenever the Governor finds that the amount in the
12 Illinois Thoroughbred Breeders Fund is more than the total of
13 the outstanding appropriations from such fund, the Governor
14 shall notify the State Comptroller and the State Treasurer of
15 such fact. The Comptroller and the State Treasurer, upon
16 receipt of such notification, shall transfer such excess
17 amount from the Illinois Thoroughbred Breeders Fund to the
18 General Revenue Fund.
19 (i) A sum equal to 12 1/2% of the first prize money of
20 every purse won by an Illinois foaled or an Illinois
21 conceived and foaled horse in races not limited to Illinois
22 foaled horses or Illinois conceived and foaled horses, or
23 both, shall be paid by the organization licensee conducting
24 the horse race meeting. Such sum shall be paid from the
25 organization licensee's share of the money wagered as
26 follows: 11 1/2% to the breeder of the winning horse and 1%
27 to the organization representing thoroughbred breeders and
28 owners whose representative serves on the Illinois
29 Thoroughbred Breeders Fund Advisory Board for verifying the
30 amounts of breeders' awards earned, assuring their
31 distribution in accordance with this Act, and servicing and
32 promoting the Illinois thoroughbred horse racing industry.
33 The organization representing thoroughbred breeders and
34 owners shall cause all expenditures of monies received under
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1 this subsection (i) to be audited at least annually by a
2 registered public accountant. The organization shall file
3 copies of each annual audit with the Racing Board, the Clerk
4 of the House of Representatives and the Secretary of the
5 Senate, and shall make copies of each annual audit available
6 to the public upon request and upon payment of the reasonable
7 cost of photocopying the requested number of copies. Such
8 payments shall not reduce any award to the owner of the horse
9 or reduce the taxes payable under this Act. Upon completion
10 of its racing meet, each organization licensee shall deliver
11 to the organization representing thoroughbred breeders and
12 owners whose representative serves on the Illinois
13 Thoroughbred Breeders Fund Advisory Board a listing of all
14 the Illinois foaled and the Illinois conceived and foaled
15 horses which won breeders' awards and the amount of such
16 breeders' awards under this subsection to verify accuracy of
17 payments and assure proper distribution of breeders' awards
18 in accordance with the provisions of this Act. Such payments
19 shall be delivered by the organization licensee within 30
20 days of the end of each race meeting.
21 (j) A sum equal to 12 1/2% of the first prize money won
22 in each race limited to Illinois foaled horses or Illinois
23 conceived and foaled horses, or both, shall be paid in the
24 following manner by the organization licensee conducting the
25 horse race meeting, from the organization licensee's share of
26 the money wagered: 11 1/2% to the breeders of the horses in
27 each such race which are the official first, second, third
28 and fourth finishers and 1% to the organization representing
29 thoroughbred breeders and owners whose representative serves
30 on the Illinois Thoroughbred Breeders Fund Advisory Board for
31 verifying the amounts of breeders' awards earned, assuring
32 their proper distribution in accordance with this Act, and
33 servicing and promoting the Illinois thoroughbred horse
34 racing industry. The organization representing thoroughbred
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1 breeders and owners shall cause all expenditures of monies
2 received under this subsection (j) to be audited at least
3 annually by a registered public accountant. The organization
4 shall file copies of each annual audit with the Racing Board,
5 the Clerk of the House of Representatives and the Secretary
6 of the Senate, and shall make copies of each annual audit
7 available to the public upon request and upon payment of the
8 reasonable cost of photocopying the requested number of
9 copies.
10 The 11 1/2% paid to the breeders in accordance with this
11 subsection shall be distributed as follows:
12 (1) 60% of such sum shall be paid to the breeder of
13 the horse which finishes in the official first position;
14 (2) 20% of such sum shall be paid to the breeder of
15 the horse which finishes in the official second position;
16 (3) 15% of such sum shall be paid to the breeder of
17 the horse which finishes in the official third position;
18 and
19 (4) 5% of such sum shall be paid to the breeder of
20 the horse which finishes in the official fourth position.
21 Such payments shall not reduce any award to the owners of
22 a horse or reduce the taxes payable under this Act. Upon
23 completion of its racing meet, each organization licensee
24 shall deliver to the organization representing thoroughbred
25 breeders and owners whose representative serves on the
26 Illinois Thoroughbred Breeders Fund Advisory Board a listing
27 of all the Illinois foaled and the Illinois conceived and
28 foaled horses which won breeders' awards and the amount of
29 such breeders' awards in accordance with the provisions of
30 this Act. Such payments shall be delivered by the
31 organization licensee within 30 days of the end of each race
32 meeting.
33 (k) The term "breeder", as used herein, means the owner
34 of the mare at the time the foal is dropped. An "Illinois
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1 foaled horse" is a foal dropped by a mare which enters this
2 State on or before December 1 of the year in which the horse
3 is bred, 1995 for a foal dropped in calendar year 1996,
4 November 1, 1996 for a foal dropped in calendar year 1997,
5 and October 1 for foals dropped in all years thereafter,
6 provided the mare remains continuously in this State until
7 its foal is born. An "Illinois foaled horse" also means a
8 foal born of a mare in the same year as the mare enters this
9 State on or before March 1, and remains in this State at
10 least 30 days after foaling, is bred back during the season
11 of the foaling to an Illinois Registered Stallion (unless a
12 veterinarian certifies that the mare should not be bred for
13 health reasons), and is not bred to a stallion standing in
14 any other state during the season of foaling. An "Illinois
15 foaled horse" also means a foal born in Illinois of a mare
16 purchased at public auction subsequent to the mare entering
17 this State prior to February 1 of the foaling year providing
18 the mare is owned solely by one or more Illinois residents or
19 an Illinois entity that is entirely owned by one or more
20 Illinois residents.
21 (l) The Department of Agriculture shall, by rule, with
22 the advice and assistance of the Illinois Thoroughbred
23 Breeders Fund Advisory Board:
24 (1) Qualify stallions for Illinois breeding; such
25 stallions to stand for service within the State of
26 Illinois at the time of a foal's conception. Such
27 stallion must not stand for service at any place outside
28 the State of Illinois during the calendar year in which
29 the foal is conceived. The Department of Agriculture may
30 assess and collect application fees for the registration
31 of Illinois-eligible stallions. All fees collected are
32 to be paid into the Illinois Thoroughbred Breeders Fund.
33 (2) Provide for the registration of Illinois
34 conceived and foaled horses and Illinois foaled horses.
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1 No such horse shall compete in the races limited to
2 Illinois conceived and foaled horses or Illinois foaled
3 horses or both unless registered with the Department of
4 Agriculture. The Department of Agriculture may prescribe
5 such forms as are necessary to determine the eligibility
6 of such horses. The Department of Agriculture may assess
7 and collect application fees for the registration of
8 Illinois-eligible foals. All fees collected are to be
9 paid into the Illinois Thoroughbred Breeders Fund. No
10 person shall knowingly prepare or cause preparation of an
11 application for registration of such foals containing
12 false information.
13 (m) The Department of Agriculture, with the advice and
14 assistance of the Illinois Thoroughbred Breeders Fund
15 Advisory Board, shall provide that certain races limited to
16 Illinois conceived and foaled and Illinois foaled horses be
17 stakes races and determine the total amount of stakes and
18 awards to be paid to the owners of the winning horses in such
19 races.
20 In determining the stakes races and the amount of awards
21 for such races, the Department of Agriculture shall consider
22 factors, including but not limited to, the amount of money
23 appropriated for the Illinois Thoroughbred Breeders Fund
24 program, organization licensees' contributions, availability
25 of stakes caliber horses as demonstrated by past
26 performances, whether the race can be coordinated into the
27 proposed racing dates within organization licensees' racing
28 dates, opportunity for colts and fillies and various age
29 groups to race, public wagering on such races, and the
30 previous racing schedule.
31 (n) The Board and the organizational licensee shall
32 notify the Department of the conditions and minimum purses
33 for races limited to Illinois conceived and foaled and
34 Illinois foaled horses conducted for each organizational
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1 licensee conducting a thoroughbred racing meeting. The
2 Department of Agriculture with the advice and assistance of
3 the Illinois Thoroughbred Breeders Fund Advisory Board may
4 allocate monies for purse supplements for such races. In
5 determining whether to allocate money and the amount, the
6 Department of Agriculture shall consider factors, including
7 but not limited to, the amount of money appropriated for the
8 Illinois Thoroughbred Breeders Fund program, the number of
9 races that may occur, and the organizational licensee's purse
10 structure.
11 (Source: P.A. 88-495; 89-16, eff. 5-30-95.)