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Public Act 92-0211
HB1069 Enrolled LRB9206979LDprB
AN ACT in relation to gambling.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Horse Racing Act of 1975 is
amended by changing Section 26 as follows:
(230 ILCS 5/26) (from Ch. 8, par. 37-26)
Sec. 26. Wagering.
(a) Any licensee may conduct and supervise the
pari-mutuel system of wagering, as defined in Section 3.12 of
this Act, on horse races conducted by an Illinois
organization licensee or conducted at a racetrack located in
another state or country and televised in Illinois in
accordance with subsection (g) of Section 26 of this Act.
Subject to the prior consent of the Board, licensees may
supplement any pari-mutuel pool in order to guarantee a
minimum distribution. Such pari-mutuel method of wagering
shall not, under any circumstances if conducted under the
provisions of this Act, be held or construed to be unlawful,
other statutes of this State to the contrary notwithstanding.
Subject to rules for advance wagering promulgated by the
Board, any licensee may accept wagers in advance of the day
of the race wagered upon occurs.
(b) No other method of betting, pool making, wagering or
gambling shall be used or permitted by the licensee. Each
licensee may retain, subject to the payment of all applicable
taxes and purses, an amount not to exceed 17% of all money
wagered under subsection (a) of this Section, except as may
otherwise be permitted under this Act.
(b-5) An individual may place a wager under the
pari-mutuel system from any licensed location authorized
under this Act provided that wager is electronically recorded
in the manner described in Section 3.12 of this Act. Any
wager made electronically by an individual while physically
on the premises of a licensee shall be deemed to have been
made at the premises of that licensee.
(c) Until January 1, 2000, the sum held by any licensee
for payment of outstanding pari-mutuel tickets, if unclaimed
prior to December 31 of the next year, shall be retained by
the licensee for payment of such tickets until that date.
Within 10 days thereafter, the balance of such sum remaining
unclaimed, less any uncashed supplements contributed by such
licensee for the purpose of guaranteeing minimum
distributions of any pari-mutuel pool, shall be paid to the
Illinois Veterans' Rehabilitation Fund of the State treasury,
except as provided in subsection (g) of Section 27 of this
Act.
(c-5) Beginning January 1, 2000, the sum held by any
licensee for payment of outstanding pari-mutuel tickets, if
unclaimed prior to December 31 of the next year, shall be
retained by the licensee for payment of such tickets until
that date. Within 10 days thereafter, the balance of such
sum remaining unclaimed, less any uncashed supplements
contributed by such licensee for the purpose of guaranteeing
minimum distributions of any pari-mutuel pool, shall be
evenly distributed to the purse account of the organization
licensee and the organization licensee.
(d) A pari-mutuel ticket shall be honored until December
31 of the next calendar year, and the licensee shall pay the
same and may charge the amount thereof against unpaid money
similarly accumulated on account of pari-mutuel tickets not
presented for payment.
(e) No licensee shall knowingly permit any minor, other
than an employee of such licensee or an owner, trainer,
jockey, driver, or employee thereof, to be admitted during a
racing program unless accompanied by a parent or guardian, or
any minor to be a patron of the pari-mutuel system of
wagering conducted or supervised by it. The admission of any
unaccompanied minor, other than an employee of the licensee
or an owner, trainer, jockey, driver, or employee thereof at
a race track is a Class C misdemeanor.
(f) Notwithstanding the other provisions of this Act, an
organization licensee may contract with an entity in another
state or country to permit any legal wagering entity in
another state or country to accept wagers solely within such
other state or country on races conducted by the organization
licensee in this State. Beginning January 1, 2000, these
wagers shall not be subject to State taxation. Until January
1, 2000, when the out-of-State entity conducts a pari-mutuel
pool separate from the organization licensee, a privilege tax
equal to 7 1/2% of all monies received by the organization
licensee from entities in other states or countries pursuant
to such contracts is imposed on the organization licensee,
and such privilege tax shall be remitted to the Department of
Revenue within 48 hours of receipt of the moneys from the
simulcast. When the out-of-State entity conducts a combined
pari-mutuel pool with the organization licensee, the tax
shall be 10% of all monies received by the organization
licensee with 25% of the receipts from this 10% tax to be
distributed to the county in which the race was conducted.
An organization licensee may permit one or more of its
races to be utilized for pari-mutuel wagering at one or more
locations in other states and may transmit audio and visual
signals of races the organization licensee conducts to one or
more locations outside the State or country and may also
permit pari-mutuel pools in other states or countries to be
combined with its gross or net wagering pools or with
wagering pools established by other states.
(g) A host track may accept interstate simulcast wagers
on horse races conducted in other states or countries and
shall control the number of signals and types of breeds of
racing in its simulcast program, subject to the disapproval
of the Board. The Board may prohibit a simulcast program
only if it finds that the simulcast program is clearly
adverse to the integrity of racing. The host track simulcast
program shall include the signal of live racing of all
organization licensees. All non-host licensees shall carry
the host track simulcast program and accept wagers on all
races included as part of the simulcast program upon which
wagering is permitted. The costs and expenses of the host
track and non-host licensees associated with interstate
simulcast wagering, other than the interstate commission fee,
shall be borne by the host track and all non-host licensees
incurring these costs. The interstate commission fee shall
not exceed 5% of Illinois handle on the interstate simulcast
race or races without prior approval of the Board. The Board
shall promulgate rules under which it may permit interstate
commission fees in excess of 5%. The interstate commission
fee and other fees charged by the sending racetrack,
including, but not limited to, satellite decoder fees, shall
be uniformly applied to the host track and all non-host
licensees.
(1) Between the hours of 6:30 a.m. and 6:30 p.m. an
intertrack wagering licensee other than the host track
may supplement the host track simulcast program with
additional simulcast races or race programs, provided
that between January 1 and the third Friday in February
of any year, inclusive, if no live thoroughbred racing is
occurring in Illinois during this period, only
thoroughbred races may be used for supplemental
interstate simulcast purposes. The Board shall withhold
approval for a supplemental interstate simulcast only if
it finds that the simulcast is clearly adverse to the
integrity of racing. A supplemental interstate simulcast
may be transmitted from an intertrack wagering licensee
to its affiliated non-host licensees. The interstate
commission fee for a supplemental interstate simulcast
shall be paid by the non-host licensee and its affiliated
non-host licensees receiving the simulcast.
(2) Between the hours of 6:30 p.m. and 6:30 a.m. an
intertrack wagering licensee other than the host track
may receive supplemental interstate simulcasts only with
the consent of the host track, except when the Board
finds that the simulcast is clearly adverse to the
integrity of racing. Consent granted under this
paragraph (2) to any intertrack wagering licensee shall
be deemed consent to all non-host licensees. The
interstate commission fee for the supplemental interstate
simulcast shall be paid by all participating non-host
licensees.
(3) Each licensee conducting interstate simulcast
wagering may retain, subject to the payment of all
applicable taxes and the purses, an amount not to exceed
17% of all money wagered. If any licensee conducts the
pari-mutuel system wagering on races conducted at
racetracks in another state or country, each such race or
race program shall be considered a separate racing day
for the purpose of determining the daily handle and
computing the privilege tax of that daily handle as
provided in subsection (a) of Section 27. Until January
1, 2000, from the sums permitted to be retained pursuant
to this subsection, each intertrack wagering location
licensee shall pay 1% of the pari-mutuel handle wagered
on simulcast wagering to the Horse Racing Tax Allocation
Fund, subject to the provisions of subparagraph (B) of
paragraph (11) of subsection (h) of Section 26 of this
Act.
(4) A licensee who receives an interstate simulcast
may combine its gross or net pools with pools at the
sending racetracks pursuant to rules established by the
Board. All licensees combining their gross pools at a
sending racetrack shall adopt the take-out percentages of
the sending racetrack. A licensee may also establish a
separate pool and takeout structure for wagering purposes
on races conducted at race tracks outside of the State of
Illinois. The licensee may permit pari-mutuel wagers
placed in other states or countries to be combined with
its gross or net wagering pools or other wagering pools.
(5) After the payment of the interstate commission
fee (except for the interstate commission fee on a
supplemental interstate simulcast, which shall be paid by
the host track and by each non-host licensee through the
host-track) and all applicable State and local taxes,
except as provided in subsection (g) of Section 27 of
this Act, the remainder of moneys retained from simulcast
wagering pursuant to this subsection (g), and Section
26.2 shall be divided as follows:
(A) For interstate simulcast wagers made at a
host track, 50% to the host track and 50% to purses
at the host track.
(B) For wagers placed on interstate simulcast
races, supplemental simulcasts as defined in
subparagraphs (1) and (2), and separately pooled
races conducted outside of the State of Illinois
made at a non-host licensee, 25% to the host track,
25% to the non-host licensee, and 50% to the purses
at the host track.
(6) Notwithstanding any provision in this Act to
the contrary, non-host licensees who derive their
licenses from a track located in a county with a
population in excess of 230,000 and that borders the
Mississippi River may receive supplemental interstate
simulcast races at all times subject to Board approval,
which shall be withheld only upon a finding that a
supplemental interstate simulcast is clearly adverse to
the integrity of racing.
(7) Notwithstanding any provision of this Act to
the contrary, after payment of all applicable State and
local taxes and interstate commission fees, non-host
licensees who derive their licenses from a track located
in a county with a population in excess of 230,000 and
that borders the Mississippi River shall retain 50% of
the retention from interstate simulcast wagers and shall
pay 50% to purses at the track from which the non-host
licensee derives its license as follows:
(A) Between January 1 and the third Friday in
February, inclusive, if no live thoroughbred racing
is occurring in Illinois during this period, when
the interstate simulcast is a standardbred race, the
purse share to its standardbred purse account;
(B) Between January 1 and the third Friday in
February, inclusive, if no live thoroughbred racing
is occurring in Illinois during this period, and the
interstate simulcast is a thoroughbred race, the
purse share to its interstate simulcast purse pool
to be distributed under paragraph (10) of this
subsection (g);
(C) Between January 1 and the third Friday in
February, inclusive, if live thoroughbred racing is
occurring in Illinois, between 6:30 a.m. and 6:30
p.m. the purse share from wagers made during this
time period to its thoroughbred purse account and
between 6:30 p.m. and 6:30 a.m. the purse share from
wagers made during this time period to its
standardbred purse accounts;
(D) Between the third Saturday in February and
December 31, when the interstate simulcast occurs
between the hours of 6:30 a.m. and 6:30 p.m., the
purse share to its thoroughbred purse account;
(E) Between the third Saturday in February and
December 31, when the interstate simulcast occurs
between the hours of 6:30 p.m. and 6:30 a.m., the
purse share to its standardbred purse account.
(7.1) Notwithstanding any other provision of this
Act to the contrary, if no standardbred racing is
conducted at a racetrack located in Madison County during
any calendar year beginning on or after January 1, 2002,
all moneys derived by that racetrack from simulcast
wagering and inter-track wagering that (1) are to be used
for purses and (2) are generated between the hours of
6:30 p.m. and 6:30 a.m. during that calendar year shall
be paid as follows:
(A) If the licensee that conducts horse racing
at that racetrack requests from the Board at least
as many racing dates as were conducted in calendar
year 2000, 80% shall be paid to its thoroughbred
purse account; and
(B) Twenty percent shall be deposited into the
Illinois Colt Stakes Purse Distribution Fund and
shall be paid to purses for standardbred races for
Illinois conceived and foaled horses conducted at
any county fairgrounds. The moneys deposited into
the Fund pursuant to this subparagraph (B) shall be
deposited within 2 weeks after the day they were
generated, shall be in addition to and not in lieu
of any other moneys paid to standardbred purses
under this Act, and shall not be commingled with
other moneys paid into that Fund. The moneys
deposited pursuant to this subparagraph (B) shall be
allocated as provided by the Department of
Agriculture, with the advice and assistance of the
Illinois Standardbred Breeders Fund Advisory Board.
(7.2) Notwithstanding any other provision of this
Act to the contrary, if no thoroughbred racing is
conducted at a racetrack located in Madison County during
any calendar year beginning on or after January 1, 2002,
all moneys derived by that racetrack from simulcast
wagering and inter-track wagering that (1) are to be used
for purses and (2) are generated between the hours of
6:30 a.m. and 6:30 p.m. during that calendar year shall
be deposited as follows:
(A) If the licensee that conducts horse racing
at that racetrack requests from the Board at least
as many racing dates as were conducted in calendar
year 2000, 80% shall be deposited into its
standardbred purse account; and
(B) Twenty percent shall be deposited into the
Illinois Colt Stakes Purse Distribution Fund.
Moneys deposited into the Illinois Colt Stakes Purse
Distribution Fund pursuant to this subparagraph (B)
shall be paid to Illinois conceived and foaled
thoroughbred breeders' programs and to thoroughbred
purses for races conducted at any county fairgrounds
for Illinois conceived and foaled horses at the
discretion of the Department of Agriculture, with
the advice and assistance of the Illinois
Thoroughbred Breeders Fund Advisory Board. The
moneys deposited into the Illinois Colt Stakes Purse
Distribution Fund pursuant to this subparagraph (B)
shall be deposited within 2 weeks after the day they
were generated, shall be in addition to and not in
lieu of any other moneys paid to thoroughbred purses
under this Act, and shall not be commingled with
other moneys deposited into that Fund.
(7.3) If no live standardbred racing is conducted
at a racetrack located in Madison County in calendar year
2000 or 2001, an organization licensee who is licensed to
conduct horse racing at that racetrack shall, before
January 1, 2002, pay all moneys derived from simulcast
wagering and inter-track wagering in calendar years 2000
and 2001 and paid into the licensee's standardbred purse
account as follows:
(A) Eighty percent to that licensee's
thoroughbred purse account to be used for
thoroughbred purses; and
(B) Twenty percent to the Illinois Colt Stakes
Purse Distribution Fund.
Failure to make the payment to the Illinois Colt
Stakes Purse Distribution Fund before January 1, 2002
shall result in the immediate revocation of the
licensee's organization license, inter-track wagering
license, and inter-track wagering location license.
Moneys paid into the Illinois Colt Stakes Purse
Distribution Fund pursuant to this paragraph (7.3) shall
be paid to purses for standardbred races for Illinois
conceived and foaled horses conducted at any county
fairgrounds. Moneys paid into the Illinois Colt Stakes
Purse Distribution Fund pursuant to this paragraph (7.3)
shall be used as determined by the Department of
Agriculture, with the advice and assistance of the
Illinois Standardbred Breeders Fund Advisory Board, shall
be in addition to and not in lieu of any other moneys
paid to standardbred purses under this Act, and shall not
be commingled with any other moneys paid into that Fund.
(7.4) If live standardbred racing is conducted at a
racetrack located in Madison County at any time in
calendar year 2001 before the payment required under
paragraph (7.3) has been made, the organization licensee
who is licensed to conduct racing at that racetrack shall
pay all moneys derived by that racetrack from simulcast
wagering and inter-track wagering during calendar years
2000 and 2001 that (1) are to be used for purses and (2)
are generated between the hours of 6:30 p.m. and 6:30
a.m. during 2000 or 2001 to the standardbred purse
account at that racetrack to be used for standardbred
purses.
(8) Notwithstanding any provision in this Act to
the contrary, an organization licensee from a track
located in a county with a population in excess of
230,000 and that borders the Mississippi River and its
affiliated non-host licensees shall not be entitled to
share in any retention generated on racing, inter-track
wagering, or simulcast wagering at any other Illinois
wagering facility.
(8.1) Notwithstanding any provisions in this Act to
the contrary, if 2 organization licensees are conducting
standardbred race meetings concurrently between the hours
of 6:30 p.m. and 6:30 a.m., after payment of all
applicable State and local taxes and interstate
commission fees, the remainder of the amount retained
from simulcast wagering otherwise attributable to the
host track and to host track purses shall be split daily
between the 2 organization licensees and the purses at
the tracks of the 2 organization licensees, respectively,
based on each organization licensee's share of the total
live handle for that day, provided that this provision
shall not apply to any non-host licensee that derives its
license from a track located in a county with a
population in excess of 230,000 and that borders the
Mississippi River.
(9) (Blank).
(10) (Blank).
(11) (Blank).
(12) The Board shall have authority to compel all
host tracks to receive the simulcast of any or all races
conducted at the Springfield or DuQuoin State fairgrounds
and include all such races as part of their simulcast
programs.
(13) Notwithstanding any other provision of this
Act, in the event that the total Illinois pari-mutuel
handle on Illinois horse races at all wagering facilities
in any calendar year is less than 75% of the total
Illinois pari-mutuel handle on Illinois horse races at
all such wagering facilities for calendar year 1994, then
each wagering facility that has an annual total Illinois
pari-mutuel handle on Illinois horse races that is less
than 75% of the total Illinois pari-mutuel handle on
Illinois horse races at such wagering facility for
calendar year 1994, shall be permitted to receive, from
any amount otherwise payable to the purse account at the
race track with which the wagering facility is affiliated
in the succeeding calendar year, an amount equal to 2% of
the differential in total Illinois pari-mutuel handle on
Illinois horse races at the wagering facility between
that calendar year in question and 1994 provided,
however, that a wagering facility shall not be entitled
to any such payment until the Board certifies in writing
to the wagering facility the amount to which the wagering
facility is entitled and a schedule for payment of the
amount to the wagering facility, based on: (i) the racing
dates awarded to the race track affiliated with the
wagering facility during the succeeding year; (ii) the
sums available or anticipated to be available in the
purse account of the race track affiliated with the
wagering facility for purses during the succeeding year;
and (iii) the need to ensure reasonable purse levels
during the payment period. The Board's certification
shall be provided no later than January 31 of the
succeeding year. In the event a wagering facility
entitled to a payment under this paragraph (13) is
affiliated with a race track that maintains purse
accounts for both standardbred and thoroughbred racing,
the amount to be paid to the wagering facility shall be
divided between each purse account pro rata, based on the
amount of Illinois handle on Illinois standardbred and
thoroughbred racing respectively at the wagering facility
during the previous calendar year. Annually, the General
Assembly shall appropriate sufficient funds from the
General Revenue Fund to the Department of Agriculture for
payment into the thoroughbred and standardbred horse
racing purse accounts at Illinois pari-mutuel tracks.
The amount paid to each purse account shall be the amount
certified by the Illinois Racing Board in January to be
transferred from each account to each eligible racing
facility in accordance with the provisions of this
Section.
(h) The Board may approve and license the conduct of
inter-track wagering and simulcast wagering by inter-track
wagering licensees and inter-track wagering location
licensees subject to the following terms and conditions:
(1) Any person licensed to conduct a race meeting
(i) at a track where 60 or more days of racing were
conducted during the immediately preceding calendar year
or where over the 5 immediately preceding calendar years
an average of 30 or more days of racing were conducted
annually may be issued an inter-track wagering license;
(ii) or at a track located in a county that is bounded by
the Mississippi River, which has a population of less
than 150,000 according to the 1990 decennial census, and
an average of at least 60 days of racing per year between
1985 and 1993 may be issued an inter-track wagering
license; or (iii) at a track located in Madison County
that conducted at least 100 days of live racing during
the immediately preceding calendar year may be issued an
inter-track wagering license, unless a lesser schedule of
live racing is the result of (A) weather, unsafe track
conditions, or other acts of God; (B) an agreement
between the organization licensee and the associations
representing the largest number of owners, trainers,
jockeys, or standardbred drivers who race horses at that
organization licensee's racing meeting; or (C) a finding
by the Board of extraordinary circumstances and that it
was in the best interest of the public and the sport to
conduct fewer than 100 days of live racing. Any such
person having operating control of the racing facility
may also receive up to 6 inter-track wagering location
licenses. In no event shall more than 6 inter-track
wagering locations be established for each eligible race
track, except that an eligible race track located in a
county that has a population of more than 230,000 and
that is bounded by the Mississippi River may establish up
to 7 inter-track wagering locations. An application for
said license shall be filed with the Board prior to such
dates as may be fixed by the Board. With an application
for an inter-track wagering location license there shall
be delivered to the Board a certified check or bank draft
payable to the order of the Board for an amount equal to
$500. The application shall be on forms prescribed and
furnished by the Board. The application shall comply
with all other rules, regulations and conditions imposed
by the Board in connection therewith.
(2) The Board shall examine the applications with
respect to their conformity with this Act and the rules
and regulations imposed by the Board. If found to be in
compliance with the Act and rules and regulations of the
Board, the Board may then issue a license to conduct
inter-track wagering and simulcast wagering to such
applicant. All such applications shall be acted upon by
the Board at a meeting to be held on such date as may be
fixed by the Board.
(3) In granting licenses to conduct inter-track
wagering and simulcast wagering, the Board shall give due
consideration to the best interests of the public, of
horse racing, and of maximizing revenue to the State.
(4) Prior to the issuance of a license to conduct
inter-track wagering and simulcast wagering, the
applicant shall file with the Board a bond payable to the
State of Illinois in the sum of $50,000, executed by the
applicant and a surety company or companies authorized to
do business in this State, and conditioned upon (i) the
payment by the licensee of all taxes due under Section 27
or 27.1 and any other monies due and payable under this
Act, and (ii) distribution by the licensee, upon
presentation of the winning ticket or tickets, of all
sums payable to the patrons of pari-mutuel pools.
(5) Each license to conduct inter-track wagering
and simulcast wagering shall specify the person to whom
it is issued, the dates on which such wagering is
permitted, and the track or location where the wagering
is to be conducted.
(6) All wagering under such license is subject to
this Act and to the rules and regulations from time to
time prescribed by the Board, and every such license
issued by the Board shall contain a recital to that
effect.
(7) An inter-track wagering licensee or inter-track
wagering location licensee may accept wagers at the track
or location where it is licensed, or as otherwise
provided under this Act.
(8) Inter-track wagering or simulcast wagering
shall not be conducted at any track less than 5 miles
from a track at which a racing meeting is in progress.
(8.1) Inter-track wagering location licensees who
derive their licenses from a particular organization
licensee shall conduct inter-track wagering and simulcast
wagering only at locations which are either within 90
miles of that race track where the particular
organization licensee is licensed to conduct racing, or
within 135 miles of that race track where the particular
organization licensee is licensed to conduct racing in
the case of race tracks in counties of less than 400,000
that were operating on or before June 1, 1986. However,
inter-track wagering and simulcast wagering shall not be
conducted by those licensees at any location within 5
miles of any race track at which a horse race meeting has
been licensed in the current year, unless the person
having operating control of such race track has given its
written consent to such inter-track wagering location
licensees, which consent must be filed with the Board at
or prior to the time application is made.
(8.2) Inter-track wagering or simulcast wagering
shall not be conducted by an inter-track wagering
location licensee at any location within 500 feet of an
existing church or existing school, nor within 500 feet
of the residences of more than 50 registered voters
without receiving written permission from a majority of
the registered voters at such residences. Such written
permission statements shall be filed with the Board. The
distance of 500 feet shall be measured to the nearest
part of any building used for worship services, education
programs, residential purposes, or conducting inter-track
wagering by an inter-track wagering location licensee,
and not to property boundaries. However, inter-track
wagering or simulcast wagering may be conducted at a site
within 500 feet of a church, school or residences of 50
or more registered voters if such church, school or
residences have been erected or established, or such
voters have been registered, after the Board issues the
original inter-track wagering location license at the
site in question. Inter-track wagering location licensees
may conduct inter-track wagering and simulcast wagering
only in areas that are zoned for commercial or
manufacturing purposes or in areas for which a special
use has been approved by the local zoning authority.
However, no license to conduct inter-track wagering and
simulcast wagering shall be granted by the Board with
respect to any inter-track wagering location within the
jurisdiction of any local zoning authority which has, by
ordinance or by resolution, prohibited the establishment
of an inter-track wagering location within its
jurisdiction. However, inter-track wagering and
simulcast wagering may be conducted at a site if such
ordinance or resolution is enacted after the Board
licenses the original inter-track wagering location
licensee for the site in question.
(9) (Blank).
(10) An inter-track wagering licensee or an
inter-track wagering location licensee may retain,
subject to the payment of the privilege taxes and the
purses, an amount not to exceed 17% of all money wagered.
Each program of racing conducted by each inter-track
wagering licensee or inter-track wagering location
licensee shall be considered a separate racing day for
the purpose of determining the daily handle and computing
the privilege tax or pari-mutuel tax on such daily handle
as provided in Section 27.
(10.1) Except as provided in subsection (g) of
Section 27 of this Act, inter-track wagering location
licensees shall pay 1% of the pari-mutuel handle at each
location to the municipality in which such location is
situated and 1% of the pari-mutuel handle at each
location to the county in which such location is
situated. In the event that an inter-track wagering
location licensee is situated in an unincorporated area
of a county, such licensee shall pay 2% of the
pari-mutuel handle from such location to such county.
(10.2) Notwithstanding any other provision of this
Act, with respect to intertrack wagering at a race track
located in a county that has a population of more than
230,000 and that is bounded by the Mississippi River
("the first race track"), or at a facility operated by an
inter-track wagering licensee or inter-track wagering
location licensee that derives its license from the
organization licensee that operates the first race track,
on races conducted at the first race track or on races
conducted at another Illinois race track and
simultaneously televised to the first race track or to a
facility operated by an inter-track wagering licensee or
inter-track wagering location licensee that derives its
license from the organization licensee that operates the
first race track, those moneys shall be allocated as
follows:
(A) That portion of all moneys wagered on
standardbred racing that is required under this Act
to be paid to purses shall be paid to purses for
standardbred races.
(B) That portion of all moneys wagered on
thoroughbred racing that is required under this Act
to be paid to purses shall be paid to purses for
thoroughbred races.
(11) (A) After payment of the privilege or
pari-mutuel tax, any other applicable taxes, and the
costs and expenses in connection with the gathering,
transmission, and dissemination of all data necessary to
the conduct of inter-track wagering, the remainder of the
monies retained under either Section 26 or Section 26.2
of this Act by the inter-track wagering licensee on
inter-track wagering shall be allocated with 50% to be
split between the 2 participating licensees and 50% to
purses, except that an intertrack wagering licensee that
derives its license from a track located in a county with
a population in excess of 230,000 and that borders the
Mississippi River shall not divide any remaining
retention with the Illinois organization licensee that
provides the race or races, and an intertrack wagering
licensee that accepts wagers on races conducted by an
organization licensee that conducts a race meet in a
county with a population in excess of 230,000 and that
borders the Mississippi River shall not divide any
remaining retention with that organization licensee.
(B) From the sums permitted to be retained pursuant
to this Act each inter-track wagering location licensee
shall pay (i) the privilege or pari-mutuel tax to the
State; (ii) 4.75% of the pari-mutuel handle on intertrack
wagering at such location on races as purses, except that
an intertrack wagering location licensee that derives its
license from a track located in a county with a
population in excess of 230,000 and that borders the
Mississippi River shall retain all purse moneys for its
own purse account consistent with distribution set forth
in this subsection (h), and intertrack wagering location
licensees that accept wagers on races conducted by an
organization licensee located in a county with a
population in excess of 230,000 and that borders the
Mississippi River shall distribute all purse moneys to
purses at the operating host track; (iii) until January
1, 2000, except as provided in subsection (g) of Section
27 of this Act, 1% of the pari-mutuel handle wagered on
inter-track wagering and simulcast wagering at each
inter-track wagering location licensee facility to the
Horse Racing Tax Allocation Fund, provided that, to the
extent the total amount collected and distributed to the
Horse Racing Tax Allocation Fund under this subsection
(h) during any calendar year exceeds the amount collected
and distributed to the Horse Racing Tax Allocation Fund
during calendar year 1994, that excess amount shall be
redistributed (I) to all inter-track wagering location
licensees, based on each licensee's pro-rata share of the
total handle from inter-track wagering and simulcast
wagering for all inter-track wagering location licensees
during the calendar year in which this provision is
applicable; then (II) the amounts redistributed to each
inter-track wagering location licensee as described in
subpart (I) shall be further redistributed as provided in
subparagraph (B) of paragraph (5) of subsection (g) of
this Section 26 provided first, that the shares of those
amounts, which are to be redistributed to the host track
or to purses at the host track under subparagraph (B) of
paragraph (5) of subsection (g) of this Section 26 shall
be redistributed based on each host track's pro rata
share of the total inter-track wagering and simulcast
wagering handle at all host tracks during the calendar
year in question, and second, that any amounts
redistributed as described in part (I) to an inter-track
wagering location licensee that accepts wagers on races
conducted by an organization licensee that conducts a
race meet in a county with a population in excess of
230,000 and that borders the Mississippi River shall be
further redistributed as provided in subparagraphs (D)
and (E) of paragraph (7) of subsection (g) of this
Section 26, with the portion of that further
redistribution allocated to purses at that organization
licensee to be divided between standardbred purses and
thoroughbred purses based on the amounts otherwise
allocated to purses at that organization licensee during
the calendar year in question; and (iv) 8% of the
pari-mutuel handle on inter-track wagering wagered at
such location to satisfy all costs and expenses of
conducting its wagering. The remainder of the monies
retained by the inter-track wagering location licensee
shall be allocated 40% to the location licensee and 60%
to the organization licensee which provides the Illinois
races to the location, except that an intertrack wagering
location licensee that derives its license from a track
located in a county with a population in excess of
230,000 and that borders the Mississippi River shall not
divide any remaining retention with the organization
licensee that provides the race or races and an
intertrack wagering location licensee that accepts wagers
on races conducted by an organization licensee that
conducts a race meet in a county with a population in
excess of 230,000 and that borders the Mississippi River
shall not divide any remaining retention with the
organization licensee. Notwithstanding the provisions of
clauses (ii) and (iv) of this paragraph, in the case of
the additional inter-track wagering location licenses
authorized under paragraph (1) of this subsection (h) by
this amendatory Act of 1991, those licensees shall pay
the following amounts as purses: during the first 12
months the licensee is in operation, 5.25% of the
pari-mutuel handle wagered at the location on races;
during the second 12 months, 5.25%; during the third 12
months, 5.75%; during the fourth 12 months, 6.25%; and
during the fifth 12 months and thereafter, 6.75%. The
following amounts shall be retained by the licensee to
satisfy all costs and expenses of conducting its
wagering: during the first 12 months the licensee is in
operation, 8.25% of the pari-mutuel handle wagered at the
location; during the second 12 months, 8.25%; during the
third 12 months, 7.75%; during the fourth 12 months,
7.25%; and during the fifth 12 months and thereafter,
6.75%. For additional intertrack wagering location
licensees authorized under this amendatory Act of 1995,
purses for the first 12 months the licensee is in
operation shall be 5.75% of the pari-mutuel wagered at
the location, purses for the second 12 months the
licensee is in operation shall be 6.25%, and purses
thereafter shall be 6.75%. For additional intertrack
location licensees authorized under this amendatory Act
of 1995, the licensee shall be allowed to retain to
satisfy all costs and expenses: 7.75% of the pari-mutuel
handle wagered at the location during its first 12 months
of operation, 7.25% during its second 12 months of
operation, and 6.75% thereafter.
(C) There is hereby created the Horse Racing Tax
Allocation Fund which shall remain in existence until
December 31, 1999. Moneys remaining in the Fund after
December 31, 1999 shall be paid into the General Revenue
Fund. Until January 1, 2000, all monies paid into the
Horse Racing Tax Allocation Fund pursuant to this
paragraph (11) by inter-track wagering location licensees
located in park districts of 500,000 population or less,
or in a municipality that is not included within any park
district but is included within a conservation district
and is the county seat of a county that (i) is contiguous
to the state of Indiana and (ii) has a 1990 population of
88,257 according to the United States Bureau of the
Census, and operating on May 1, 1994 shall be allocated
by appropriation as follows:
Two-sevenths to the Department of Agriculture.
Fifty percent of this two-sevenths shall be used to
promote the Illinois horse racing and breeding
industry, and shall be distributed by the Department
of Agriculture upon the advice of a 9-member
committee appointed by the Governor consisting of
the following members: the Director of Agriculture,
who shall serve as chairman; 2 representatives of
organization licensees conducting thoroughbred race
meetings in this State, recommended by those
licensees; 2 representatives of organization
licensees conducting standardbred race meetings in
this State, recommended by those licensees; a
representative of the Illinois Thoroughbred Breeders
and Owners Foundation, recommended by that
Foundation; a representative of the Illinois
Standardbred Owners and Breeders Association,
recommended by that Association; a representative of
the Horsemen's Benevolent and Protective Association
or any successor organization thereto established in
Illinois comprised of the largest number of owners
and trainers, recommended by that Association or
that successor organization; and a representative of
the Illinois Harness Horsemen's Association,
recommended by that Association. Committee members
shall serve for terms of 2 years, commencing January
1 of each even-numbered year. If a representative
of any of the above-named entities has not been
recommended by January 1 of any even-numbered year,
the Governor shall appoint a committee member to
fill that position. Committee members shall receive
no compensation for their services as members but
shall be reimbursed for all actual and necessary
expenses and disbursements incurred in the
performance of their official duties. The remaining
50% of this two-sevenths shall be distributed to
county fairs for premiums and rehabilitation as set
forth in the Agricultural Fair Act;
Four-sevenths to park districts or
municipalities that do not have a park district of
500,000 population or less for museum purposes (if
an inter-track wagering location licensee is located
in such a park district) or to conservation
districts for museum purposes (if an inter-track
wagering location licensee is located in a
municipality that is not included within any park
district but is included within a conservation
district and is the county seat of a county that (i)
is contiguous to the state of Indiana and (ii) has a
1990 population of 88,257 according to the United
States Bureau of the Census, except that if the
conservation district does not maintain a museum,
the monies shall be allocated equally between the
county and the municipality in which the inter-track
wagering location licensee is located for general
purposes) or to a municipal recreation board for
park purposes (if an inter-track wagering location
licensee is located in a municipality that is not
included within any park district and park
maintenance is the function of the municipal
recreation board and the municipality has a 1990
population of 9,302 according to the United States
Bureau of the Census); provided that the monies are
distributed to each park district or conservation
district or municipality that does not have a park
district in an amount equal to four-sevenths of the
amount collected by each inter-track wagering
location licensee within the park district or
conservation district or municipality for the Fund.
Monies that were paid into the Horse Racing Tax
Allocation Fund before the effective date of this
amendatory Act of 1991 by an inter-track wagering
location licensee located in a municipality that is
not included within any park district but is
included within a conservation district as provided
in this paragraph shall, as soon as practicable
after the effective date of this amendatory Act of
1991, be allocated and paid to that conservation
district as provided in this paragraph. Any park
district or municipality not maintaining a museum
may deposit the monies in the corporate fund of the
park district or municipality where the inter-track
wagering location is located, to be used for general
purposes; and
One-seventh to the Agricultural Premium Fund to
be used for distribution to agricultural home
economics extension councils in accordance with "An
Act in relation to additional support and finances
for the Agricultural and Home Economic Extension
Councils in the several counties of this State and
making an appropriation therefor", approved July 24,
1967.
Until January 1, 2000, all other monies paid into
the Horse Racing Tax Allocation Fund pursuant to this
paragraph (11) shall be allocated by appropriation as
follows:
Two-sevenths to the Department of Agriculture.
Fifty percent of this two-sevenths shall be used to
promote the Illinois horse racing and breeding
industry, and shall be distributed by the Department
of Agriculture upon the advice of a 9-member
committee appointed by the Governor consisting of
the following members: the Director of Agriculture,
who shall serve as chairman; 2 representatives of
organization licensees conducting thoroughbred race
meetings in this State, recommended by those
licensees; 2 representatives of organization
licensees conducting standardbred race meetings in
this State, recommended by those licensees; a
representative of the Illinois Thoroughbred Breeders
and Owners Foundation, recommended by that
Foundation; a representative of the Illinois
Standardbred Owners and Breeders Association,
recommended by that Association; a representative of
the Horsemen's Benevolent and Protective Association
or any successor organization thereto established in
Illinois comprised of the largest number of owners
and trainers, recommended by that Association or
that successor organization; and a representative of
the Illinois Harness Horsemen's Association,
recommended by that Association. Committee members
shall serve for terms of 2 years, commencing January
1 of each even-numbered year. If a representative
of any of the above-named entities has not been
recommended by January 1 of any even-numbered year,
the Governor shall appoint a committee member to
fill that position. Committee members shall receive
no compensation for their services as members but
shall be reimbursed for all actual and necessary
expenses and disbursements incurred in the
performance of their official duties. The remaining
50% of this two-sevenths shall be distributed to
county fairs for premiums and rehabilitation as set
forth in the Agricultural Fair Act;
Four-sevenths to museums and aquariums located
in park districts of over 500,000 population;
provided that the monies are distributed in
accordance with the previous year's distribution of
the maintenance tax for such museums and aquariums
as provided in Section 2 of the Park District
Aquarium and Museum Act; and
One-seventh to the Agricultural Premium Fund to
be used for distribution to agricultural home
economics extension councils in accordance with "An
Act in relation to additional support and finances
for the Agricultural and Home Economic Extension
Councils in the several counties of this State and
making an appropriation therefor", approved July 24,
1967. This subparagraph (C) shall be inoperative and
of no force and effect on and after January 1, 2000.
(D) Except as provided in paragraph (11) of
this subsection (h), with respect to purse
allocation from intertrack wagering, the monies so
retained shall be divided as follows:
(i) If the inter-track wagering licensee,
except an intertrack wagering licensee that
derives its license from an organization
licensee located in a county with a population
in excess of 230,000 and bounded by the
Mississippi River, is not conducting its own
race meeting during the same dates, then the
entire purse allocation shall be to purses at
the track where the races wagered on are being
conducted.
(ii) If the inter-track wagering
licensee, except an intertrack wagering
licensee that derives its license from an
organization licensee located in a county with
a population in excess of 230,000 and bounded
by the Mississippi River, is also conducting
its own race meeting during the same dates,
then the purse allocation shall be as follows:
50% to purses at the track where the races
wagered on are being conducted; 50% to purses
at the track where the inter-track wagering
licensee is accepting such wagers.
(iii) If the inter-track wagering is
being conducted by an inter-track wagering
location licensee, except an intertrack
wagering location licensee that derives its
license from an organization licensee located
in a county with a population in excess of
230,000 and bounded by the Mississippi River,
the entire purse allocation for Illinois races
shall be to purses at the track where the race
meeting being wagered on is being held.
(12) The Board shall have all powers necessary and
proper to fully supervise and control the conduct of
inter-track wagering and simulcast wagering by
inter-track wagering licensees and inter-track wagering
location licensees, including, but not limited to the
following:
(A) The Board is vested with power to
promulgate reasonable rules and regulations for the
purpose of administering the conduct of this
wagering and to prescribe reasonable rules,
regulations and conditions under which such wagering
shall be held and conducted. Such rules and
regulations are to provide for the prevention of
practices detrimental to the public interest and for
the best interests of said wagering and to impose
penalties for violations thereof.
(B) The Board, and any person or persons to
whom it delegates this power, is vested with the
power to enter the facilities of any licensee to
determine whether there has been compliance with the
provisions of this Act and the rules and regulations
relating to the conduct of such wagering.
(C) The Board, and any person or persons to
whom it delegates this power, may eject or exclude
from any licensee's facilities, any person whose
conduct or reputation is such that his presence on
such premises may, in the opinion of the Board, call
into the question the honesty and integrity of, or
interfere with the orderly conduct of such wagering;
provided, however, that no person shall be excluded
or ejected from such premises solely on the grounds
of race, color, creed, national origin, ancestry, or
sex.
(D) (Blank).
(E) The Board is vested with the power to
appoint delegates to execute any of the powers
granted to it under this Section for the purpose of
administering this wagering and any rules and
regulations promulgated in accordance with this Act.
(F) The Board shall name and appoint a State
director of this wagering who shall be a
representative of the Board and whose duty it shall
be to supervise the conduct of inter-track wagering
as may be provided for by the rules and regulations
of the Board; such rules and regulation shall
specify the method of appointment and the Director's
powers, authority and duties.
(G) The Board is vested with the power to
impose civil penalties of up to $5,000 against
individuals and up to $10,000 against licensees for
each violation of any provision of this Act relating
to the conduct of this wagering, any rules adopted
by the Board, any order of the Board or any other
action which in the Board's discretion, is a
detriment or impediment to such wagering.
(13) The Department of Agriculture may enter into
agreements with licensees authorizing such licensees to
conduct inter-track wagering on races to be held at the
licensed race meetings conducted by the Department of
Agriculture. Such agreement shall specify the races of
the Department of Agriculture's licensed race meeting
upon which the licensees will conduct wagering. In the
event that a licensee conducts inter-track pari-mutuel
wagering on races from the Illinois State Fair or DuQuoin
State Fair which are in addition to the licensee's
previously approved racing program, those races shall be
considered a separate racing day for the purpose of
determining the daily handle and computing the privilege
or pari-mutuel tax on that daily handle as provided in
Sections 27 and 27.1. Such agreements shall be approved
by the Board before such wagering may be conducted. In
determining whether to grant approval, the Board shall
give due consideration to the best interests of the
public and of horse racing. The provisions of paragraphs
(1), (8), (8.1), and (8.2) of subsection (h) of this
Section which are not specified in this paragraph (13)
shall not apply to licensed race meetings conducted by
the Department of Agriculture at the Illinois State Fair
in Sangamon County or the DuQuoin State Fair in Perry
County, or to any wagering conducted on those race
meetings.
(i) Notwithstanding the other provisions of this Act,
the conduct of wagering at wagering facilities is authorized
on all days, except as limited by subsection (b) of Section
19 of this Act.
(Source: P.A. 91-40, eff. 6-25-99.)
Section 90. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 25, 2001.
Approved August 02, 2001.
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