IL
Illinois Senate Bill SB0327

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB0327 Compare Versions

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1+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0327 Introduced 2/2/2023, by Sen. Bill Cunningham SYNOPSIS AS INTRODUCED: 230 ILCS 5/26 from Ch. 8, par. 37-26 230 ILCS 5/27 from Ch. 8, par. 37-27 230 ILCS 5/28.1 230 ILCS 5/31.1 from Ch. 8, par. 37-31.1 230 ILCS 5/15.1 rep.230 ILCS 5/34.3 rep. Amends the Illinois Horse Racing Act of 1975. Provides that the Illinois Racing Board may appoint the Director of Mutuels to serve as the State director for inter-track wagering and simulcast wagering by inter-track wagering licensees and inter-track wagering location licensees. Provides that the pari-mutuel tax imposed at all pari-mutuel wagering facilities and on advance deposit wagering shall be remitted to the Board (rather than the Department of Revenue). Provides that the Board shall distribute contributed funds to a charitable organization on a schedule determined by the Board, based on the charitable organization's estimated expenditures related to the grant (rather than by December 31 of each year). Provides that any funds not expended by the grantee in a grant year shall be distributed to the charitable organization or charitable organizations selected in the next grant year after the funds are recovered. Repeals provisions authorizing the Board to make daily temporary deposits of certain fees and provisions requiring the Board and the Department of Agriculture to establish a program to conduct drug testing on horses at county fairs. Makes other changes. Effective immediately. LRB103 05799 AMQ 50819 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0327 Introduced 2/2/2023, by Sen. Bill Cunningham SYNOPSIS AS INTRODUCED: 230 ILCS 5/26 from Ch. 8, par. 37-26 230 ILCS 5/27 from Ch. 8, par. 37-27 230 ILCS 5/28.1 230 ILCS 5/31.1 from Ch. 8, par. 37-31.1 230 ILCS 5/15.1 rep.230 ILCS 5/34.3 rep. 230 ILCS 5/26 from Ch. 8, par. 37-26 230 ILCS 5/27 from Ch. 8, par. 37-27 230 ILCS 5/28.1 230 ILCS 5/31.1 from Ch. 8, par. 37-31.1 230 ILCS 5/15.1 rep. 230 ILCS 5/34.3 rep. Amends the Illinois Horse Racing Act of 1975. Provides that the Illinois Racing Board may appoint the Director of Mutuels to serve as the State director for inter-track wagering and simulcast wagering by inter-track wagering licensees and inter-track wagering location licensees. Provides that the pari-mutuel tax imposed at all pari-mutuel wagering facilities and on advance deposit wagering shall be remitted to the Board (rather than the Department of Revenue). Provides that the Board shall distribute contributed funds to a charitable organization on a schedule determined by the Board, based on the charitable organization's estimated expenditures related to the grant (rather than by December 31 of each year). Provides that any funds not expended by the grantee in a grant year shall be distributed to the charitable organization or charitable organizations selected in the next grant year after the funds are recovered. Repeals provisions authorizing the Board to make daily temporary deposits of certain fees and provisions requiring the Board and the Department of Agriculture to establish a program to conduct drug testing on horses at county fairs. Makes other changes. Effective immediately. LRB103 05799 AMQ 50819 b LRB103 05799 AMQ 50819 b A BILL FOR
2+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0327 Introduced 2/2/2023, by Sen. Bill Cunningham SYNOPSIS AS INTRODUCED:
3+230 ILCS 5/26 from Ch. 8, par. 37-26 230 ILCS 5/27 from Ch. 8, par. 37-27 230 ILCS 5/28.1 230 ILCS 5/31.1 from Ch. 8, par. 37-31.1 230 ILCS 5/15.1 rep.230 ILCS 5/34.3 rep. 230 ILCS 5/26 from Ch. 8, par. 37-26 230 ILCS 5/27 from Ch. 8, par. 37-27 230 ILCS 5/28.1 230 ILCS 5/31.1 from Ch. 8, par. 37-31.1 230 ILCS 5/15.1 rep. 230 ILCS 5/34.3 rep.
4+230 ILCS 5/26 from Ch. 8, par. 37-26
5+230 ILCS 5/27 from Ch. 8, par. 37-27
6+230 ILCS 5/28.1
7+230 ILCS 5/31.1 from Ch. 8, par. 37-31.1
8+230 ILCS 5/15.1 rep.
9+230 ILCS 5/34.3 rep.
10+Amends the Illinois Horse Racing Act of 1975. Provides that the Illinois Racing Board may appoint the Director of Mutuels to serve as the State director for inter-track wagering and simulcast wagering by inter-track wagering licensees and inter-track wagering location licensees. Provides that the pari-mutuel tax imposed at all pari-mutuel wagering facilities and on advance deposit wagering shall be remitted to the Board (rather than the Department of Revenue). Provides that the Board shall distribute contributed funds to a charitable organization on a schedule determined by the Board, based on the charitable organization's estimated expenditures related to the grant (rather than by December 31 of each year). Provides that any funds not expended by the grantee in a grant year shall be distributed to the charitable organization or charitable organizations selected in the next grant year after the funds are recovered. Repeals provisions authorizing the Board to make daily temporary deposits of certain fees and provisions requiring the Board and the Department of Agriculture to establish a program to conduct drug testing on horses at county fairs. Makes other changes. Effective immediately.
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316 1 AN ACT concerning gaming.
417 2 Be it enacted by the People of the State of Illinois,
518 3 represented in the General Assembly:
619 4 Section 5. The Illinois Horse Racing Act of 1975 is
720 5 amended by changing Sections 26, 27, 28.1, and 31.1 as
821 6 follows:
922 7 (230 ILCS 5/26) (from Ch. 8, par. 37-26)
1023 8 Sec. 26. Wagering.
1124 9 (a) Any licensee may conduct and supervise the pari-mutuel
1225 10 system of wagering, as defined in Section 3.12 of this Act, on
1326 11 horse races conducted by an Illinois organization licensee or
1427 12 conducted at a racetrack located in another state or country
1528 13 in accordance with subsection (g) of Section 26 of this Act.
1629 14 Subject to the prior consent of the Board, licensees may
1730 15 supplement any pari-mutuel pool in order to guarantee a
1831 16 minimum distribution. Such pari-mutuel method of wagering
1932 17 shall not, under any circumstances if conducted under the
2033 18 provisions of this Act, be held or construed to be unlawful,
2134 19 other statutes of this State to the contrary notwithstanding.
2235 20 Subject to rules for advance wagering promulgated by the
2336 21 Board, any licensee may accept wagers in advance of the day the
2437 22 race wagered upon occurs.
2538 23 (b) Except for those gaming activities for which a license
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42+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0327 Introduced 2/2/2023, by Sen. Bill Cunningham SYNOPSIS AS INTRODUCED:
43+230 ILCS 5/26 from Ch. 8, par. 37-26 230 ILCS 5/27 from Ch. 8, par. 37-27 230 ILCS 5/28.1 230 ILCS 5/31.1 from Ch. 8, par. 37-31.1 230 ILCS 5/15.1 rep.230 ILCS 5/34.3 rep. 230 ILCS 5/26 from Ch. 8, par. 37-26 230 ILCS 5/27 from Ch. 8, par. 37-27 230 ILCS 5/28.1 230 ILCS 5/31.1 from Ch. 8, par. 37-31.1 230 ILCS 5/15.1 rep. 230 ILCS 5/34.3 rep.
44+230 ILCS 5/26 from Ch. 8, par. 37-26
45+230 ILCS 5/27 from Ch. 8, par. 37-27
46+230 ILCS 5/28.1
47+230 ILCS 5/31.1 from Ch. 8, par. 37-31.1
48+230 ILCS 5/15.1 rep.
49+230 ILCS 5/34.3 rep.
50+Amends the Illinois Horse Racing Act of 1975. Provides that the Illinois Racing Board may appoint the Director of Mutuels to serve as the State director for inter-track wagering and simulcast wagering by inter-track wagering licensees and inter-track wagering location licensees. Provides that the pari-mutuel tax imposed at all pari-mutuel wagering facilities and on advance deposit wagering shall be remitted to the Board (rather than the Department of Revenue). Provides that the Board shall distribute contributed funds to a charitable organization on a schedule determined by the Board, based on the charitable organization's estimated expenditures related to the grant (rather than by December 31 of each year). Provides that any funds not expended by the grantee in a grant year shall be distributed to the charitable organization or charitable organizations selected in the next grant year after the funds are recovered. Repeals provisions authorizing the Board to make daily temporary deposits of certain fees and provisions requiring the Board and the Department of Agriculture to establish a program to conduct drug testing on horses at county fairs. Makes other changes. Effective immediately.
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53+A BILL FOR
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60+230 ILCS 5/27 from Ch. 8, par. 37-27
61+230 ILCS 5/28.1
62+230 ILCS 5/31.1 from Ch. 8, par. 37-31.1
63+230 ILCS 5/15.1 rep.
64+230 ILCS 5/34.3 rep.
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3483 1 is obtained and authorized under the Illinois Lottery Law, the
3584 2 Charitable Games Act, the Raffles and Poker Runs Act, or the
3685 3 Illinois Gambling Act, no other method of betting, pool
3786 4 making, wagering or gambling shall be used or permitted by the
3887 5 licensee. Each licensee may retain, subject to the payment of
3988 6 all applicable taxes and purses, an amount not to exceed 17% of
4089 7 all money wagered under subsection (a) of this Section, except
4190 8 as may otherwise be permitted under this Act.
4291 9 (b-5) An individual may place a wager under the
4392 10 pari-mutuel system from any licensed location authorized under
4493 11 this Act provided that wager is electronically recorded in the
4594 12 manner described in Section 3.12 of this Act. Any wager made
4695 13 electronically by an individual while physically on the
4796 14 premises of a licensee shall be deemed to have been made at the
4897 15 premises of that licensee.
4998 16 (c) (Blank).
5099 17 (c-5) The sum held by any licensee for payment of
51100 18 outstanding pari-mutuel tickets, if unclaimed prior to
52101 19 December 31 of the next year, shall be retained by the licensee
53102 20 for payment of such tickets until that date. Within 10 days
54103 21 thereafter, the balance of such sum remaining unclaimed, less
55104 22 any uncashed supplements contributed by such licensee for the
56105 23 purpose of guaranteeing minimum distributions of any
57106 24 pari-mutuel pool, shall be evenly distributed to the purse
58107 25 account of the organization licensee and the organization
59108 26 licensee, except that the balance of the sum of all
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70119 1 outstanding pari-mutuel tickets generated from simulcast
71120 2 wagering and inter-track wagering by an organization licensee
72121 3 located in a county with a population in excess of 230,000 and
73122 4 borders the Mississippi River or any licensee that derives its
74123 5 license from that organization licensee shall be evenly
75124 6 distributed to the purse account of the organization licensee
76125 7 and the organization licensee.
77126 8 (d) A pari-mutuel ticket shall be honored until December
78127 9 31 of the next calendar year, and the licensee shall pay the
79128 10 same and may charge the amount thereof against unpaid money
80129 11 similarly accumulated on account of pari-mutuel tickets not
81130 12 presented for payment.
82131 13 (e) No licensee shall knowingly permit any minor, other
83132 14 than an employee of such licensee or an owner, trainer,
84133 15 jockey, driver, or employee thereof, to be admitted during a
85134 16 racing program unless accompanied by a parent or guardian, or
86135 17 any minor to be a patron of the pari-mutuel system of wagering
87136 18 conducted or supervised by it. The admission of any
88137 19 unaccompanied minor, other than an employee of the licensee or
89138 20 an owner, trainer, jockey, driver, or employee thereof at a
90139 21 race track is a Class C misdemeanor.
91140 22 (f) Notwithstanding the other provisions of this Act, an
92141 23 organization licensee may contract with an entity in another
93142 24 state or country to permit any legal wagering entity in
94143 25 another state or country to accept wagers solely within such
95144 26 other state or country on races conducted by the organization
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106155 1 licensee in this State. Beginning January 1, 2000, these
107156 2 wagers shall not be subject to State taxation. Until January
108157 3 1, 2000, when the out-of-State entity conducts a pari-mutuel
109158 4 pool separate from the organization licensee, a privilege tax
110159 5 equal to 7 1/2% of all monies received by the organization
111160 6 licensee from entities in other states or countries pursuant
112161 7 to such contracts is imposed on the organization licensee, and
113162 8 such privilege tax shall be remitted to the Department of
114163 9 Revenue within 48 hours of receipt of the moneys from the
115164 10 simulcast. When the out-of-State entity conducts a combined
116165 11 pari-mutuel pool with the organization licensee, the tax shall
117166 12 be 10% of all monies received by the organization licensee
118167 13 with 25% of the receipts from this 10% tax to be distributed to
119168 14 the county in which the race was conducted.
120169 15 An organization licensee may permit one or more of its
121170 16 races to be utilized for pari-mutuel wagering at one or more
122171 17 locations in other states and may transmit audio and visual
123172 18 signals of races the organization licensee conducts to one or
124173 19 more locations outside the State or country and may also
125174 20 permit pari-mutuel pools in other states or countries to be
126175 21 combined with its gross or net wagering pools or with wagering
127176 22 pools established by other states.
128177 23 (g) A host track may accept interstate simulcast wagers on
129178 24 horse races conducted in other states or countries and shall
130179 25 control the number of signals and types of breeds of racing in
131180 26 its simulcast program, subject to the disapproval of the
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142191 1 Board. The Board may prohibit a simulcast program only if it
143192 2 finds that the simulcast program is clearly adverse to the
144193 3 integrity of racing. The host track simulcast program shall
145194 4 include the signal of live racing of all organization
146195 5 licensees. All non-host licensees and advance deposit wagering
147196 6 licensees shall carry the signal of and accept wagers on live
148197 7 racing of all organization licensees. Advance deposit wagering
149198 8 licensees shall not be permitted to accept out-of-state wagers
150199 9 on any Illinois signal provided pursuant to this Section
151200 10 without the approval and consent of the organization licensee
152201 11 providing the signal. For one year after August 15, 2014 (the
153202 12 effective date of Public Act 98-968), non-host licensees may
154203 13 carry the host track simulcast program and shall accept wagers
155204 14 on all races included as part of the simulcast program of horse
156205 15 races conducted at race tracks located within North America
157206 16 upon which wagering is permitted. For a period of one year
158207 17 after August 15, 2014 (the effective date of Public Act
159208 18 98-968), on horse races conducted at race tracks located
160209 19 outside of North America, non-host licensees may accept wagers
161210 20 on all races included as part of the simulcast program upon
162211 21 which wagering is permitted. Beginning August 15, 2015 (one
163212 22 year after the effective date of Public Act 98-968), non-host
164213 23 licensees may carry the host track simulcast program and shall
165214 24 accept wagers on all races included as part of the simulcast
166215 25 program upon which wagering is permitted. All organization
167216 26 licensees shall provide their live signal to all advance
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178227 1 deposit wagering licensees for a simulcast commission fee not
179228 2 to exceed 6% of the advance deposit wagering licensee's
180229 3 Illinois handle on the organization licensee's signal without
181230 4 prior approval by the Board. The Board may adopt rules under
182231 5 which it may permit simulcast commission fees in excess of 6%.
183232 6 The Board shall adopt rules limiting the interstate commission
184233 7 fees charged to an advance deposit wagering licensee. The
185234 8 Board shall adopt rules regarding advance deposit wagering on
186235 9 interstate simulcast races that shall reflect, among other
187236 10 things, the General Assembly's desire to maximize revenues to
188237 11 the State, horsemen purses, and organization licensees.
189238 12 However, organization licensees providing live signals
190239 13 pursuant to the requirements of this subsection (g) may
191240 14 petition the Board to withhold their live signals from an
192241 15 advance deposit wagering licensee if the organization licensee
193242 16 discovers and the Board finds reputable or credible
194243 17 information that the advance deposit wagering licensee is
195244 18 under investigation by another state or federal governmental
196245 19 agency, the advance deposit wagering licensee's license has
197246 20 been suspended in another state, or the advance deposit
198247 21 wagering licensee's license is in revocation proceedings in
199248 22 another state. The organization licensee's provision of their
200249 23 live signal to an advance deposit wagering licensee under this
201250 24 subsection (g) pertains to wagers placed from within Illinois.
202251 25 Advance deposit wagering licensees may place advance deposit
203252 26 wagering terminals at wagering facilities as a convenience to
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214263 1 customers. The advance deposit wagering licensee shall not
215264 2 charge or collect any fee from purses for the placement of the
216265 3 advance deposit wagering terminals. The costs and expenses of
217266 4 the host track and non-host licensees associated with
218267 5 interstate simulcast wagering, other than the interstate
219268 6 commission fee, shall be borne by the host track and all
220269 7 non-host licensees incurring these costs. The interstate
221270 8 commission fee shall not exceed 5% of Illinois handle on the
222271 9 interstate simulcast race or races without prior approval of
223272 10 the Board. The Board shall promulgate rules under which it may
224273 11 permit interstate commission fees in excess of 5%. The
225274 12 interstate commission fee and other fees charged by the
226275 13 sending racetrack, including, but not limited to, satellite
227276 14 decoder fees, shall be uniformly applied to the host track and
228277 15 all non-host licensees.
229278 16 Notwithstanding any other provision of this Act, an
230279 17 organization licensee, with the consent of the horsemen
231280 18 association representing the largest number of owners,
232281 19 trainers, jockeys, or standardbred drivers who race horses at
233282 20 that organization licensee's racing meeting, may maintain a
234283 21 system whereby advance deposit wagering may take place or an
235284 22 organization licensee, with the consent of the horsemen
236285 23 association representing the largest number of owners,
237286 24 trainers, jockeys, or standardbred drivers who race horses at
238287 25 that organization licensee's racing meeting, may contract with
239288 26 another person to carry out a system of advance deposit
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250299 1 wagering. Such consent may not be unreasonably withheld. Only
251300 2 with respect to an appeal to the Board that consent for an
252301 3 organization licensee that maintains its own advance deposit
253302 4 wagering system is being unreasonably withheld, the Board
254303 5 shall issue a final order within 30 days after initiation of
255304 6 the appeal, and the organization licensee's advance deposit
256305 7 wagering system may remain operational during that 30-day
257306 8 period. The actions of any organization licensee who conducts
258307 9 advance deposit wagering or any person who has a contract with
259308 10 an organization licensee to conduct advance deposit wagering
260309 11 who conducts advance deposit wagering on or after January 1,
261310 12 2013 and prior to June 7, 2013 (the effective date of Public
262311 13 Act 98-18) taken in reliance on the changes made to this
263312 14 subsection (g) by Public Act 98-18 are hereby validated,
264313 15 provided payment of all applicable pari-mutuel taxes are
265314 16 remitted to the Board. All advance deposit wagers placed from
266315 17 within Illinois must be placed through a Board-approved
267316 18 advance deposit wagering licensee; no other entity may accept
268317 19 an advance deposit wager from a person within Illinois. All
269318 20 advance deposit wagering is subject to any rules adopted by
270319 21 the Board. The Board may adopt rules necessary to regulate
271320 22 advance deposit wagering through the use of emergency
272321 23 rulemaking in accordance with Section 5-45 of the Illinois
273322 24 Administrative Procedure Act. The General Assembly finds that
274323 25 the adoption of rules to regulate advance deposit wagering is
275324 26 deemed an emergency and necessary for the public interest,
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286335 1 safety, and welfare. An advance deposit wagering licensee may
287336 2 retain all moneys as agreed to by contract with an
288337 3 organization licensee. Any moneys retained by the organization
289338 4 licensee from advance deposit wagering, not including moneys
290339 5 retained by the advance deposit wagering licensee, shall be
291340 6 paid 50% to the organization licensee's purse account and 50%
292341 7 to the organization licensee. With the exception of any
293342 8 organization licensee that is owned by a publicly traded
294343 9 company that is incorporated in a state other than Illinois
295344 10 and advance deposit wagering licensees under contract with
296345 11 such organization licensees, organization licensees that
297346 12 maintain advance deposit wagering systems and advance deposit
298347 13 wagering licensees that contract with organization licensees
299348 14 shall provide sufficiently detailed monthly accountings to the
300349 15 horsemen association representing the largest number of
301350 16 owners, trainers, jockeys, or standardbred drivers who race
302351 17 horses at that organization licensee's racing meeting so that
303352 18 the horsemen association, as an interested party, can confirm
304353 19 the accuracy of the amounts paid to the purse account at the
305354 20 horsemen association's affiliated organization licensee from
306355 21 advance deposit wagering. If more than one breed races at the
307356 22 same race track facility, then the 50% of the moneys to be paid
308357 23 to an organization licensee's purse account shall be allocated
309358 24 among all organization licensees' purse accounts operating at
310359 25 that race track facility proportionately based on the actual
311360 26 number of host days that the Board grants to that breed at that
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322371 1 race track facility in the current calendar year. To the
323372 2 extent any fees from advance deposit wagering conducted in
324373 3 Illinois for wagers in Illinois or other states have been
325374 4 placed in escrow or otherwise withheld from wagers pending a
326375 5 determination of the legality of advance deposit wagering, no
327376 6 action shall be brought to declare such wagers or the
328377 7 disbursement of any fees previously escrowed illegal.
329378 8 (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
330379 9 inter-track wagering licensee other than the host track
331380 10 may supplement the host track simulcast program with
332381 11 additional simulcast races or race programs, provided that
333382 12 between January 1 and the third Friday in February of any
334383 13 year, inclusive, if no live thoroughbred racing is
335384 14 occurring in Illinois during this period, only
336385 15 thoroughbred races may be used for supplemental interstate
337386 16 simulcast purposes. The Board shall withhold approval for
338387 17 a supplemental interstate simulcast only if it finds that
339388 18 the simulcast is clearly adverse to the integrity of
340389 19 racing. A supplemental interstate simulcast may be
341390 20 transmitted from an inter-track wagering licensee to its
342391 21 affiliated non-host licensees. The interstate commission
343392 22 fee for a supplemental interstate simulcast shall be paid
344393 23 by the non-host licensee and its affiliated non-host
345394 24 licensees receiving the simulcast.
346395 25 (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
347396 26 inter-track wagering licensee other than the host track
348397
349398
350399
351400
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358407 1 may receive supplemental interstate simulcasts only with
359408 2 the consent of the host track, except when the Board finds
360409 3 that the simulcast is clearly adverse to the integrity of
361410 4 racing. Consent granted under this paragraph (2) to any
362411 5 inter-track wagering licensee shall be deemed consent to
363412 6 all non-host licensees. The interstate commission fee for
364413 7 the supplemental interstate simulcast shall be paid by all
365414 8 participating non-host licensees.
366415 9 (3) Each licensee conducting interstate simulcast
367416 10 wagering may retain, subject to the payment of all
368417 11 applicable taxes and the purses, an amount not to exceed
369418 12 17% of all money wagered. If any licensee conducts the
370419 13 pari-mutuel system wagering on races conducted at
371420 14 racetracks in another state or country, each such race or
372421 15 race program shall be considered a separate racing day for
373422 16 the purpose of determining the daily handle and computing
374423 17 the privilege tax of that daily handle as provided in
375424 18 subsection (a) of Section 27. Until January 1, 2000, from
376425 19 the sums permitted to be retained pursuant to this
377426 20 subsection, each inter-track wagering location licensee
378427 21 shall pay 1% of the pari-mutuel handle wagered on
379428 22 simulcast wagering to the Horse Racing Tax Allocation
380429 23 Fund, subject to the provisions of subparagraph (B) of
381430 24 paragraph (11) of subsection (h) of Section 26 of this
382431 25 Act.
383432 26 (4) A licensee who receives an interstate simulcast
384433
385434
386435
387436
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394443 1 may combine its gross or net pools with pools at the
395444 2 sending racetracks pursuant to rules established by the
396445 3 Board. All licensees combining their gross pools at a
397446 4 sending racetrack shall adopt the takeout percentages of
398447 5 the sending racetrack. A licensee may also establish a
399448 6 separate pool and takeout structure for wagering purposes
400449 7 on races conducted at race tracks outside of the State of
401450 8 Illinois. The licensee may permit pari-mutuel wagers
402451 9 placed in other states or countries to be combined with
403452 10 its gross or net wagering pools or other wagering pools.
404453 11 (5) After the payment of the interstate commission fee
405454 12 (except for the interstate commission fee on a
406455 13 supplemental interstate simulcast, which shall be paid by
407456 14 the host track and by each non-host licensee through the
408457 15 host track) and all applicable State and local taxes,
409458 16 except as provided in subsection (g) of Section 27 of this
410459 17 Act, the remainder of moneys retained from simulcast
411460 18 wagering pursuant to this subsection (g), and Section 26.2
412461 19 shall be divided as follows:
413462 20 (A) For interstate simulcast wagers made at a host
414463 21 track, 50% to the host track and 50% to purses at the
415464 22 host track.
416465 23 (B) For wagers placed on interstate simulcast
417466 24 races, supplemental simulcasts as defined in
418467 25 subparagraphs (1) and (2), and separately pooled races
419468 26 conducted outside of the State of Illinois made at a
420469
421470
422471
423472
424473
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430479 1 non-host licensee, 25% to the host track, 25% to the
431480 2 non-host licensee, and 50% to the purses at the host
432481 3 track.
433482 4 (6) Notwithstanding any provision in this Act to the
434483 5 contrary, non-host licensees who derive their licenses
435484 6 from a track located in a county with a population in
436485 7 excess of 230,000 and that borders the Mississippi River
437486 8 may receive supplemental interstate simulcast races at all
438487 9 times subject to Board approval, which shall be withheld
439488 10 only upon a finding that a supplemental interstate
440489 11 simulcast is clearly adverse to the integrity of racing.
441490 12 (7) Effective January 1, 2017, notwithstanding any
442491 13 provision of this Act to the contrary, after payment of
443492 14 all applicable State and local taxes and interstate
444493 15 commission fees, non-host licensees who derive their
445494 16 licenses from a track located in a county with a
446495 17 population in excess of 230,000 and that borders the
447496 18 Mississippi River shall retain 50% of the retention from
448497 19 interstate simulcast wagers and shall pay 50% to purses at
449498 20 the track from which the non-host licensee derives its
450499 21 license.
451500 22 (7.1) Notwithstanding any other provision of this Act
452501 23 to the contrary, if no standardbred racing is conducted at
453502 24 a racetrack located in Madison County during any calendar
454503 25 year beginning on or after January 1, 2002, and the
455504 26 licensee that conducts horse racing at that racetrack
456505
457506
458507
459508
460509
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466515 1 requests from the Board at least as many racing dates as
467516 2 were conducted in calendar year 2000, all moneys derived
468517 3 by that racetrack from simulcast wagering and inter-track
469518 4 wagering that (1) are to be used for purses and (2) are
470519 5 generated between the hours of 6:30 p.m. and 6:30 a.m.
471520 6 during that calendar year shall be paid as follows:
472521 7 (A) Eighty percent If the licensee that conducts
473522 8 horse racing at that racetrack requests from the Board
474523 9 at least as many racing dates as were conducted in
475524 10 calendar year 2000, 80% shall be paid to its
476525 11 thoroughbred purse account; and
477526 12 (B) Twenty percent shall be deposited into the
478527 13 Illinois Colt Stakes Purse Distribution Fund and shall
479528 14 be paid to purses for standardbred races for Illinois
480529 15 conceived and foaled horses conducted at any county
481530 16 fairgrounds. The moneys deposited into the Fund
482531 17 pursuant to this subparagraph (B) shall be deposited
483532 18 within 2 weeks after the day they were generated,
484533 19 shall be in addition to and not in lieu of any other
485534 20 moneys paid to standardbred purses under this Act, and
486535 21 shall not be commingled with other moneys paid into
487536 22 that Fund. The moneys deposited pursuant to this
488537 23 subparagraph (B) shall be allocated as provided by the
489538 24 Department of Agriculture, with the advice and
490539 25 assistance of the Illinois Standardbred Breeders Fund
491540 26 Advisory Board.
492541
493542
494543
495544
496545
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502551 1 (7.2) Notwithstanding any other provision of this Act
503552 2 to the contrary, if no thoroughbred racing is conducted at
504553 3 a racetrack located in Madison County during any calendar
505554 4 year beginning on or after January 1, 2002, and the
506555 5 licensee that conducts horse racing at that racetrack
507556 6 requests from the Board at least as many racing dates as
508557 7 were conducted in calendar year 2000, all moneys derived
509558 8 by that racetrack from simulcast wagering and inter-track
510559 9 wagering that (1) are to be used for purses and (2) are
511560 10 generated between the hours of 6:30 a.m. and 6:30 p.m.
512561 11 during that calendar year shall be deposited as follows:
513562 12 (A) Eighty percent If the licensee that conducts
514563 13 horse racing at that racetrack requests from the Board
515564 14 at least as many racing dates as were conducted in
516565 15 calendar year 2000, 80% shall be deposited into its
517566 16 standardbred purse account; and
518567 17 (B) Twenty percent shall be deposited into the
519568 18 Illinois Colt Stakes Purse Distribution Fund. Moneys
520569 19 deposited into the Illinois Colt Stakes Purse
521570 20 Distribution Fund pursuant to this subparagraph (B)
522571 21 shall be paid to Illinois conceived and foaled
523572 22 thoroughbred breeders' programs and to thoroughbred
524573 23 purses for races conducted at any county fairgrounds
525574 24 for Illinois conceived and foaled horses at the
526575 25 discretion of the Department of Agriculture, with the
527576 26 advice and assistance of the Illinois Thoroughbred
528577
529578
530579
531580
532581
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538587 1 Breeders Fund Advisory Board. The moneys deposited
539588 2 into the Illinois Colt Stakes Purse Distribution Fund
540589 3 pursuant to this subparagraph (B) shall be deposited
541590 4 within 2 weeks after the day they were generated,
542591 5 shall be in addition to and not in lieu of any other
543592 6 moneys paid to thoroughbred purses under this Act, and
544593 7 shall not be commingled with other moneys deposited
545594 8 into that Fund.
546595 9 (8) Notwithstanding any provision in this Act to the
547596 10 contrary, an organization licensee from a track located in
548597 11 a county with a population in excess of 230,000 and that
549598 12 borders the Mississippi River and its affiliated non-host
550599 13 licensees shall not be entitled to share in any retention
551600 14 generated on racing, inter-track wagering, or simulcast
552601 15 wagering at any other Illinois wagering facility.
553602 16 (8.1) Notwithstanding any provisions in this Act to
554603 17 the contrary, if 2 organization licensees are conducting
555604 18 standardbred race meetings concurrently between the hours
556605 19 of 6:30 p.m. and 6:30 a.m., after payment of all
557606 20 applicable State and local taxes and interstate commission
558607 21 fees, the remainder of the amount retained from simulcast
559608 22 wagering otherwise attributable to the host track and to
560609 23 host track purses shall be split daily between the 2
561610 24 organization licensees and the purses at the tracks of the
562611 25 2 organization licensees, respectively, based on each
563612 26 organization licensee's share of the total live handle for
564613
565614
566615
567616
568617
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574623 1 that day, provided that this provision shall not apply to
575624 2 any non-host licensee that derives its license from a
576625 3 track located in a county with a population in excess of
577626 4 230,000 and that borders the Mississippi River.
578627 5 (9) (Blank).
579628 6 (10) (Blank).
580629 7 (11) (Blank).
581630 8 (12) The Board shall have authority to compel all host
582631 9 tracks to receive the simulcast of any or all races
583632 10 conducted at the Springfield or DuQuoin State fairgrounds
584633 11 and include all such races as part of their simulcast
585634 12 programs.
586635 13 (13) Notwithstanding any other provision of this Act,
587636 14 in the event that the total Illinois pari-mutuel handle on
588637 15 Illinois horse races at all wagering facilities in any
589638 16 calendar year is less than 75% of the total Illinois
590639 17 pari-mutuel handle on Illinois horse races at all such
591640 18 wagering facilities for calendar year 1994, then each
592641 19 wagering facility that has an annual total Illinois
593642 20 pari-mutuel handle on Illinois horse races that is less
594643 21 than 75% of the total Illinois pari-mutuel handle on
595644 22 Illinois horse races at such wagering facility for
596645 23 calendar year 1994, shall be permitted to receive, from
597646 24 any amount otherwise payable to the purse account at the
598647 25 race track with which the wagering facility is affiliated
599648 26 in the succeeding calendar year, an amount equal to 2% of
600649
601650
602651
603652
604653
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654+ SB0327 - 17 - LRB103 05799 AMQ 50819 b
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610659 1 the differential in total Illinois pari-mutuel handle on
611660 2 Illinois horse races at the wagering facility between that
612661 3 calendar year in question and 1994 provided, however, that
613662 4 a wagering facility shall not be entitled to any such
614663 5 payment until the Board certifies in writing to the
615664 6 wagering facility the amount to which the wagering
616665 7 facility is entitled and a schedule for payment of the
617666 8 amount to the wagering facility, based on: (i) the racing
618667 9 dates awarded to the race track affiliated with the
619668 10 wagering facility during the succeeding year; (ii) the
620669 11 sums available or anticipated to be available in the purse
621670 12 account of the race track affiliated with the wagering
622671 13 facility for purses during the succeeding year; and (iii)
623672 14 the need to ensure reasonable purse levels during the
624673 15 payment period. The Board's certification shall be
625674 16 provided no later than January 31 of the succeeding year.
626675 17 In the event a wagering facility entitled to a payment
627676 18 under this paragraph (13) is affiliated with a race track
628677 19 that maintains purse accounts for both standardbred and
629678 20 thoroughbred racing, the amount to be paid to the wagering
630679 21 facility shall be divided between each purse account pro
631680 22 rata, based on the amount of Illinois handle on Illinois
632681 23 standardbred and thoroughbred racing respectively at the
633682 24 wagering facility during the previous calendar year.
634683 25 Annually, the General Assembly shall appropriate
635684 26 sufficient funds from the General Revenue Fund to the
636685
637686
638687
639688
640689
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646695 1 Department of Agriculture for payment into the
647696 2 thoroughbred and standardbred horse racing purse accounts
648697 3 at Illinois pari-mutuel tracks. The amount paid to each
649698 4 purse account shall be the amount certified by the
650699 5 Illinois Racing Board in January to be transferred from
651700 6 each account to each eligible racing facility in
652701 7 accordance with the provisions of this Section. Beginning
653702 8 in the calendar year in which an organization licensee
654703 9 that is eligible to receive payment under this paragraph
655704 10 (13) begins to receive funds from gaming pursuant to an
656705 11 organization gaming license issued under the Illinois
657706 12 Gambling Act, the amount of the payment due to all
658707 13 wagering facilities licensed under that organization
659708 14 licensee under this paragraph (13) shall be the amount
660709 15 certified by the Board in January of that year. An
661710 16 organization licensee and its related wagering facilities
662711 17 shall no longer be able to receive payments under this
663712 18 paragraph (13) beginning in the year subsequent to the
664713 19 first year in which the organization licensee begins to
665714 20 receive funds from gaming pursuant to an organization
666715 21 gaming license issued under the Illinois Gambling Act.
667716 22 (h) The Board may approve and license the conduct of
668717 23 inter-track wagering and simulcast wagering by inter-track
669718 24 wagering licensees and inter-track wagering location licensees
670719 25 subject to the following terms and conditions:
671720 26 (1) Any person licensed to conduct a race meeting (i)
672721
673722
674723
675724
676725
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682731 1 at a track where 60 or more days of racing were conducted
683732 2 during the immediately preceding calendar year or where
684733 3 over the 5 immediately preceding calendar years an average
685734 4 of 30 or more days of racing were conducted annually may be
686735 5 issued an inter-track wagering license; (ii) at a track
687736 6 located in a county that is bounded by the Mississippi
688737 7 River, which has a population of less than 150,000
689738 8 according to the 1990 decennial census, and an average of
690739 9 at least 60 days of racing per year between 1985 and 1993
691740 10 may be issued an inter-track wagering license; (iii) at a
692741 11 track awarded standardbred racing dates; or (iv) at a
693742 12 track located in Madison County that conducted at least
694743 13 100 days of live racing during the immediately preceding
695744 14 calendar year may be issued an inter-track wagering
696745 15 license, unless a lesser schedule of live racing is the
697746 16 result of (A) weather, unsafe track conditions, or other
698747 17 acts of God; (B) an agreement between the organization
699748 18 licensee and the associations representing the largest
700749 19 number of owners, trainers, jockeys, or standardbred
701750 20 drivers who race horses at that organization licensee's
702751 21 racing meeting; or (C) a finding by the Board of
703752 22 extraordinary circumstances and that it was in the best
704753 23 interest of the public and the sport to conduct fewer than
705754 24 100 days of live racing. Any such person having operating
706755 25 control of the racing facility may receive inter-track
707756 26 wagering location licenses. An eligible race track located
708757
709758
710759
711760
712761
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762+ SB0327 - 20 - LRB103 05799 AMQ 50819 b
763+
764+
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766+ SB0327 - 21 - LRB103 05799 AMQ 50819 b
718767 1 in a county that has a population of more than 230,000 and
719768 2 that is bounded by the Mississippi River may establish up
720769 3 to 9 inter-track wagering locations, an eligible race
721770 4 track located in Stickney Township in Cook County may
722771 5 establish up to 16 inter-track wagering locations, and an
723772 6 eligible race track located in Palatine Township in Cook
724773 7 County may establish up to 18 inter-track wagering
725774 8 locations. An eligible racetrack conducting standardbred
726775 9 racing may have up to 16 inter-track wagering locations.
727776 10 An application for said license shall be filed with the
728777 11 Board prior to such dates as may be fixed by the Board.
729778 12 With an application for an inter-track wagering location
730779 13 license there shall be delivered to the Board a certified
731780 14 check or bank draft payable to the order of the Board for
732781 15 an amount equal to $500. The application shall be on forms
733782 16 prescribed and furnished by the Board. The application
734783 17 shall comply with all other rules, regulations and
735784 18 conditions imposed by the Board in connection therewith.
736785 19 (2) The Board shall examine the applications with
737786 20 respect to their conformity with this Act and the rules
738787 21 and regulations imposed by the Board. If found to be in
739788 22 compliance with the Act and rules and regulations of the
740789 23 Board, the Board may then issue a license to conduct
741790 24 inter-track wagering and simulcast wagering to such
742791 25 applicant. All such applications shall be acted upon by
743792 26 the Board at a meeting to be held on such date as may be
744793
745794
746795
747796
748797
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799+
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754803 1 fixed by the Board.
755804 2 (3) In granting licenses to conduct inter-track
756805 3 wagering and simulcast wagering, the Board shall give due
757806 4 consideration to the best interests of the public, of
758807 5 horse racing, and of maximizing revenue to the State.
759808 6 (4) Prior to the issuance of a license to conduct
760809 7 inter-track wagering and simulcast wagering, the applicant
761810 8 shall file with the Board a bond payable to the State of
762811 9 Illinois in the sum of $50,000, executed by the applicant
763812 10 and a surety company or companies authorized to do
764813 11 business in this State, and conditioned upon (i) the
765814 12 payment by the licensee of all taxes due under Section 27
766815 13 or 27.1 and any other monies due and payable under this
767816 14 Act, and (ii) distribution by the licensee, upon
768817 15 presentation of the winning ticket or tickets, of all sums
769818 16 payable to the patrons of pari-mutuel pools.
770819 17 (5) Each license to conduct inter-track wagering and
771820 18 simulcast wagering shall specify the person to whom it is
772821 19 issued, the dates on which such wagering is permitted, and
773822 20 the track or location where the wagering is to be
774823 21 conducted.
775824 22 (6) All wagering under such license is subject to this
776825 23 Act and to the rules and regulations from time to time
777826 24 prescribed by the Board, and every such license issued by
778827 25 the Board shall contain a recital to that effect.
779828 26 (7) An inter-track wagering licensee or inter-track
780829
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782831
783832
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790839 1 wagering location licensee may accept wagers at the track
791840 2 or location where it is licensed, or as otherwise provided
792841 3 under this Act.
793842 4 (8) Inter-track wagering or simulcast wagering shall
794843 5 not be conducted at any track less than 4 miles from a
795844 6 track at which a racing meeting is in progress.
796845 7 (8.1) Inter-track wagering location licensees who
797846 8 derive their licenses from a particular organization
798847 9 licensee shall conduct inter-track wagering and simulcast
799848 10 wagering only at locations that are within 160 miles of
800849 11 that race track where the particular organization licensee
801850 12 is licensed to conduct racing. However, inter-track
802851 13 wagering and simulcast wagering shall not be conducted by
803852 14 those licensees at any location within 5 miles of any race
804853 15 track at which a horse race meeting has been licensed in
805854 16 the current year, unless the person having operating
806855 17 control of such race track has given its written consent
807856 18 to such inter-track wagering location licensees, which
808857 19 consent must be filed with the Board at or prior to the
809858 20 time application is made. In the case of any inter-track
810859 21 wagering location licensee initially licensed after
811860 22 December 31, 2013, inter-track wagering and simulcast
812861 23 wagering shall not be conducted by those inter-track
813862 24 wagering location licensees that are located outside the
814863 25 City of Chicago at any location within 8 miles of any race
815864 26 track at which a horse race meeting has been licensed in
816865
817866
818867
819868
820869
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826875 1 the current year, unless the person having operating
827876 2 control of such race track has given its written consent
828877 3 to such inter-track wagering location licensees, which
829878 4 consent must be filed with the Board at or prior to the
830879 5 time application is made.
831880 6 (8.2) Inter-track wagering or simulcast wagering shall
832881 7 not be conducted by an inter-track wagering location
833882 8 licensee at any location within 100 feet of an existing
834883 9 church, an existing elementary or secondary public school,
835884 10 or an existing elementary or secondary private school
836885 11 registered with or recognized by the State Board of
837886 12 Education. The distance of 100 feet shall be measured to
838887 13 the nearest part of any building used for worship
839888 14 services, education programs, or conducting inter-track
840889 15 wagering by an inter-track wagering location licensee, and
841890 16 not to property boundaries. However, inter-track wagering
842891 17 or simulcast wagering may be conducted at a site within
843892 18 100 feet of a church or school if such church or school has
844893 19 been erected or established after the Board issues the
845894 20 original inter-track wagering location license at the site
846895 21 in question. Inter-track wagering location licensees may
847896 22 conduct inter-track wagering and simulcast wagering only
848897 23 in areas that are zoned for commercial or manufacturing
849898 24 purposes or in areas for which a special use has been
850899 25 approved by the local zoning authority. However, no
851900 26 license to conduct inter-track wagering and simulcast
852901
853902
854903
855904
856905
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862911 1 wagering shall be granted by the Board with respect to any
863912 2 inter-track wagering location within the jurisdiction of
864913 3 any local zoning authority which has, by ordinance or by
865914 4 resolution, prohibited the establishment of an inter-track
866915 5 wagering location within its jurisdiction. However,
867916 6 inter-track wagering and simulcast wagering may be
868917 7 conducted at a site if such ordinance or resolution is
869918 8 enacted after the Board licenses the original inter-track
870919 9 wagering location licensee for the site in question.
871920 10 (9) (Blank).
872921 11 (10) An inter-track wagering licensee or an
873922 12 inter-track wagering location licensee may retain, subject
874923 13 to the payment of the privilege taxes and the purses, an
875924 14 amount not to exceed 17% of all money wagered. Each
876925 15 program of racing conducted by each inter-track wagering
877926 16 licensee or inter-track wagering location licensee shall
878927 17 be considered a separate racing day for the purpose of
879928 18 determining the daily handle and computing the privilege
880929 19 tax or pari-mutuel tax on such daily handle as provided in
881930 20 Section 27.
882931 21 (10.1) Except as provided in subsection (g) of Section
883932 22 27 of this Act, inter-track wagering location licensees
884933 23 shall pay 1% of the pari-mutuel handle at each location to
885934 24 the municipality in which such location is situated and 1%
886935 25 of the pari-mutuel handle at each location to the county
887936 26 in which such location is situated. In the event that an
888937
889938
890939
891940
892941
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898947 1 inter-track wagering location licensee is situated in an
899948 2 unincorporated area of a county, such licensee shall pay
900949 3 2% of the pari-mutuel handle from such location to such
901950 4 county. Inter-track wagering location licensees must pay
902951 5 the handle percentage required under this paragraph to the
903952 6 municipality and county no later than the 20th of the
904953 7 month following the month such handle was generated.
905954 8 (10.2) Notwithstanding any other provision of this
906955 9 Act, with respect to inter-track wagering at a race track
907956 10 located in a county that has a population of more than
908957 11 230,000 and that is bounded by the Mississippi River ("the
909958 12 first race track"), or at a facility operated by an
910959 13 inter-track wagering licensee or inter-track wagering
911960 14 location licensee that derives its license from the
912961 15 organization licensee that operates the first race track,
913962 16 on races conducted at the first race track or on races
914963 17 conducted at another Illinois race track and
915964 18 simultaneously televised to the first race track or to a
916965 19 facility operated by an inter-track wagering licensee or
917966 20 inter-track wagering location licensee that derives its
918967 21 license from the organization licensee that operates the
919968 22 first race track, those moneys shall be allocated as
920969 23 follows:
921970 24 (A) That portion of all moneys wagered on
922971 25 standardbred racing that is required under this Act to
923972 26 be paid to purses shall be paid to purses for
924973
925974
926975
927976
928977
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930-
931-
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933- SB0327 Engrossed - 27 - LRB103 05799 AMQ 50819 b
978+ SB0327 - 26 - LRB103 05799 AMQ 50819 b
979+
980+
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982+ SB0327 - 27 - LRB103 05799 AMQ 50819 b
934983 1 standardbred races.
935984 2 (B) That portion of all moneys wagered on
936985 3 thoroughbred racing that is required under this Act to
937986 4 be paid to purses shall be paid to purses for
938987 5 thoroughbred races.
939988 6 (11) (A) After payment of the privilege or pari-mutuel
940989 7 tax, any other applicable taxes, and the costs and
941990 8 expenses in connection with the gathering, transmission,
942991 9 and dissemination of all data necessary to the conduct of
943992 10 inter-track wagering, the remainder of the monies retained
944993 11 under either Section 26 or Section 26.2 of this Act by the
945994 12 inter-track wagering licensee on inter-track wagering
946995 13 shall be allocated with 50% to be split between the 2
947996 14 participating licensees and 50% to purses, except that an
948997 15 inter-track wagering licensee that derives its license
949998 16 from a track located in a county with a population in
950999 17 excess of 230,000 and that borders the Mississippi River
9511000 18 shall not divide any remaining retention with the Illinois
9521001 19 organization licensee that provides the race or races, and
9531002 20 an inter-track wagering licensee that accepts wagers on
9541003 21 races conducted by an organization licensee that conducts
9551004 22 a race meet in a county with a population in excess of
9561005 23 230,000 and that borders the Mississippi River shall not
9571006 24 divide any remaining retention with that organization
9581007 25 licensee.
9591008 26 (B) From the sums permitted to be retained pursuant to
9601009
9611010
9621011
9631012
9641013
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966-
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1016+
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9701019 1 this Act each inter-track wagering location licensee shall
9711020 2 pay (i) the privilege or pari-mutuel tax to the State;
9721021 3 (ii) 4.75% of the pari-mutuel handle on inter-track
9731022 4 wagering at such location on races as purses, except that
9741023 5 an inter-track wagering location licensee that derives its
9751024 6 license from a track located in a county with a population
9761025 7 in excess of 230,000 and that borders the Mississippi
9771026 8 River shall retain all purse moneys for its own purse
9781027 9 account consistent with distribution set forth in this
9791028 10 subsection (h), and inter-track wagering location
9801029 11 licensees that accept wagers on races conducted by an
9811030 12 organization licensee located in a county with a
9821031 13 population in excess of 230,000 and that borders the
9831032 14 Mississippi River shall distribute all purse moneys to
9841033 15 purses at the operating host track; (iii) until January 1,
9851034 16 2000, except as provided in subsection (g) of Section 27
9861035 17 of this Act, 1% of the pari-mutuel handle wagered on
9871036 18 inter-track wagering and simulcast wagering at each
9881037 19 inter-track wagering location licensee facility to the
9891038 20 Horse Racing Tax Allocation Fund, provided that, to the
9901039 21 extent the total amount collected and distributed to the
9911040 22 Horse Racing Tax Allocation Fund under this subsection (h)
9921041 23 during any calendar year exceeds the amount collected and
9931042 24 distributed to the Horse Racing Tax Allocation Fund during
9941043 25 calendar year 1994, that excess amount shall be
9951044 26 redistributed (I) to all inter-track wagering location
9961045
9971046
9981047
9991048
10001049
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10061055 1 licensees, based on each licensee's pro rata share of the
10071056 2 total handle from inter-track wagering and simulcast
10081057 3 wagering for all inter-track wagering location licensees
10091058 4 during the calendar year in which this provision is
10101059 5 applicable; then (II) the amounts redistributed to each
10111060 6 inter-track wagering location licensee as described in
10121061 7 subpart (I) shall be further redistributed as provided in
10131062 8 subparagraph (B) of paragraph (5) of subsection (g) of
10141063 9 this Section 26 provided first, that the shares of those
10151064 10 amounts, which are to be redistributed to the host track
10161065 11 or to purses at the host track under subparagraph (B) of
10171066 12 paragraph (5) of subsection (g) of this Section 26 shall
10181067 13 be redistributed based on each host track's pro rata share
10191068 14 of the total inter-track wagering and simulcast wagering
10201069 15 handle at all host tracks during the calendar year in
10211070 16 question, and second, that any amounts redistributed as
10221071 17 described in part (I) to an inter-track wagering location
10231072 18 licensee that accepts wagers on races conducted by an
10241073 19 organization licensee that conducts a race meet in a
10251074 20 county with a population in excess of 230,000 and that
10261075 21 borders the Mississippi River shall be further
10271076 22 redistributed, effective January 1, 2017, as provided in
10281077 23 paragraph (7) of subsection (g) of this Section 26, with
10291078 24 the portion of that further redistribution allocated to
10301079 25 purses at that organization licensee to be divided between
10311080 26 standardbred purses and thoroughbred purses based on the
10321081
10331082
10341083
10351084
10361085
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1090+ SB0327 - 30 - LRB103 05799 AMQ 50819 b
10421091 1 amounts otherwise allocated to purses at that organization
10431092 2 licensee during the calendar year in question; and (iv) 8%
10441093 3 of the pari-mutuel handle on inter-track wagering wagered
10451094 4 at such location to satisfy all costs and expenses of
10461095 5 conducting its wagering. The remainder of the monies
10471096 6 retained by the inter-track wagering location licensee
10481097 7 shall be allocated 40% to the location licensee and 60% to
10491098 8 the organization licensee which provides the Illinois
10501099 9 races to the location, except that an inter-track wagering
10511100 10 location licensee that derives its license from a track
10521101 11 located in a county with a population in excess of 230,000
10531102 12 and that borders the Mississippi River shall not divide
10541103 13 any remaining retention with the organization licensee
10551104 14 that provides the race or races and an inter-track
10561105 15 wagering location licensee that accepts wagers on races
10571106 16 conducted by an organization licensee that conducts a race
10581107 17 meet in a county with a population in excess of 230,000 and
10591108 18 that borders the Mississippi River shall not divide any
10601109 19 remaining retention with the organization licensee.
10611110 20 Notwithstanding the provisions of clauses (ii) and (iv) of
10621111 21 this paragraph, in the case of the additional inter-track
10631112 22 wagering location licenses authorized under paragraph (1)
10641113 23 of this subsection (h) by Public Act 87-110, those
10651114 24 licensees shall pay the following amounts as purses:
10661115 25 during the first 12 months the licensee is in operation,
10671116 26 5.25% of the pari-mutuel handle wagered at the location on
10681117
10691118
10701119
10711120
10721121
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1074-
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1077- SB0327 Engrossed - 31 - LRB103 05799 AMQ 50819 b
1122+ SB0327 - 30 - LRB103 05799 AMQ 50819 b
1123+
1124+
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10781127 1 races; during the second 12 months, 5.25%; during the
10791128 2 third 12 months, 5.75%; during the fourth 12 months,
10801129 3 6.25%; and during the fifth 12 months and thereafter,
10811130 4 6.75%. The following amounts shall be retained by the
10821131 5 licensee to satisfy all costs and expenses of conducting
10831132 6 its wagering: during the first 12 months the licensee is
10841133 7 in operation, 8.25% of the pari-mutuel handle wagered at
10851134 8 the location; during the second 12 months, 8.25%; during
10861135 9 the third 12 months, 7.75%; during the fourth 12 months,
10871136 10 7.25%; and during the fifth 12 months and thereafter,
10881137 11 6.75%. For additional inter-track wagering location
10891138 12 licensees authorized under Public Act 89-16, purses for
10901139 13 the first 12 months the licensee is in operation shall be
10911140 14 5.75% of the pari-mutuel wagered at the location, purses
10921141 15 for the second 12 months the licensee is in operation
10931142 16 shall be 6.25%, and purses thereafter shall be 6.75%. For
10941143 17 additional inter-track location licensees authorized under
10951144 18 Public Act 89-16, the licensee shall be allowed to retain
10961145 19 to satisfy all costs and expenses: 7.75% of the
10971146 20 pari-mutuel handle wagered at the location during its
10981147 21 first 12 months of operation, 7.25% during its second 12
10991148 22 months of operation, and 6.75% thereafter.
11001149 23 (C) There is hereby created the Horse Racing Tax
11011150 24 Allocation Fund which shall remain in existence until
11021151 25 December 31, 1999. Moneys remaining in the Fund after
11031152 26 December 31, 1999 shall be paid into the General Revenue
11041153
11051154
11061155
11071156
11081157
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11141163 1 Fund. Until January 1, 2000, all monies paid into the
11151164 2 Horse Racing Tax Allocation Fund pursuant to this
11161165 3 paragraph (11) by inter-track wagering location licensees
11171166 4 located in park districts of 500,000 population or less,
11181167 5 or in a municipality that is not included within any park
11191168 6 district but is included within a conservation district
11201169 7 and is the county seat of a county that (i) is contiguous
11211170 8 to the state of Indiana and (ii) has a 1990 population of
11221171 9 88,257 according to the United States Bureau of the
11231172 10 Census, and operating on May 1, 1994 shall be allocated by
11241173 11 appropriation as follows:
11251174 12 Two-sevenths to the Department of Agriculture.
11261175 13 Fifty percent of this two-sevenths shall be used to
11271176 14 promote the Illinois horse racing and breeding
11281177 15 industry, and shall be distributed by the Department
11291178 16 of Agriculture upon the advice of a 9-member committee
11301179 17 appointed by the Governor consisting of the following
11311180 18 members: the Director of Agriculture, who shall serve
11321181 19 as chairman; 2 representatives of organization
11331182 20 licensees conducting thoroughbred race meetings in
11341183 21 this State, recommended by those licensees; 2
11351184 22 representatives of organization licensees conducting
11361185 23 standardbred race meetings in this State, recommended
11371186 24 by those licensees; a representative of the Illinois
11381187 25 Thoroughbred Breeders and Owners Foundation,
11391188 26 recommended by that Foundation; a representative of
11401189
11411190
11421191
11431192
11441193
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1149- SB0327 Engrossed - 33 - LRB103 05799 AMQ 50819 b
1194+ SB0327 - 32 - LRB103 05799 AMQ 50819 b
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11501199 1 the Illinois Standardbred Owners and Breeders
11511200 2 Association, recommended by that Association; a
11521201 3 representative of the Horsemen's Benevolent and
11531202 4 Protective Association or any successor organization
11541203 5 thereto established in Illinois comprised of the
11551204 6 largest number of owners and trainers, recommended by
11561205 7 that Association or that successor organization; and a
11571206 8 representative of the Illinois Harness Horsemen's
11581207 9 Association, recommended by that Association.
11591208 10 Committee members shall serve for terms of 2 years,
11601209 11 commencing January 1 of each even-numbered year. If a
11611210 12 representative of any of the above-named entities has
11621211 13 not been recommended by January 1 of any even-numbered
11631212 14 year, the Governor shall appoint a committee member to
11641213 15 fill that position. Committee members shall receive no
11651214 16 compensation for their services as members but shall
11661215 17 be reimbursed for all actual and necessary expenses
11671216 18 and disbursements incurred in the performance of their
11681217 19 official duties. The remaining 50% of this
11691218 20 two-sevenths shall be distributed to county fairs for
11701219 21 premiums and rehabilitation as set forth in the
11711220 22 Agricultural Fair Act;
11721221 23 Four-sevenths to park districts or municipalities
11731222 24 that do not have a park district of 500,000 population
11741223 25 or less for museum purposes (if an inter-track
11751224 26 wagering location licensee is located in such a park
11761225
11771226
11781227
11791228
11801229
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1234+ SB0327 - 34 - LRB103 05799 AMQ 50819 b
11861235 1 district) or to conservation districts for museum
11871236 2 purposes (if an inter-track wagering location licensee
11881237 3 is located in a municipality that is not included
11891238 4 within any park district but is included within a
11901239 5 conservation district and is the county seat of a
11911240 6 county that (i) is contiguous to the state of Indiana
11921241 7 and (ii) has a 1990 population of 88,257 according to
11931242 8 the United States Bureau of the Census, except that if
11941243 9 the conservation district does not maintain a museum,
11951244 10 the monies shall be allocated equally between the
11961245 11 county and the municipality in which the inter-track
11971246 12 wagering location licensee is located for general
11981247 13 purposes) or to a municipal recreation board for park
11991248 14 purposes (if an inter-track wagering location licensee
12001249 15 is located in a municipality that is not included
12011250 16 within any park district and park maintenance is the
12021251 17 function of the municipal recreation board and the
12031252 18 municipality has a 1990 population of 9,302 according
12041253 19 to the United States Bureau of the Census); provided
12051254 20 that the monies are distributed to each park district
12061255 21 or conservation district or municipality that does not
12071256 22 have a park district in an amount equal to
12081257 23 four-sevenths of the amount collected by each
12091258 24 inter-track wagering location licensee within the park
12101259 25 district or conservation district or municipality for
12111260 26 the Fund. Monies that were paid into the Horse Racing
12121261
12131262
12141263
12151264
12161265
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1218-
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1270+ SB0327 - 35 - LRB103 05799 AMQ 50819 b
12221271 1 Tax Allocation Fund before August 9, 1991 (the
12231272 2 effective date of Public Act 87-110) by an inter-track
12241273 3 wagering location licensee located in a municipality
12251274 4 that is not included within any park district but is
12261275 5 included within a conservation district as provided in
12271276 6 this paragraph shall, as soon as practicable after
12281277 7 August 9, 1991 (the effective date of Public Act
12291278 8 87-110), be allocated and paid to that conservation
12301279 9 district as provided in this paragraph. Any park
12311280 10 district or municipality not maintaining a museum may
12321281 11 deposit the monies in the corporate fund of the park
12331282 12 district or municipality where the inter-track
12341283 13 wagering location is located, to be used for general
12351284 14 purposes; and
12361285 15 One-seventh to the Agricultural Premium Fund to be
12371286 16 used for distribution to agricultural home economics
12381287 17 extension councils in accordance with "An Act in
12391288 18 relation to additional support and finances for the
12401289 19 Agricultural and Home Economic Extension Councils in
12411290 20 the several counties of this State and making an
12421291 21 appropriation therefor", approved July 24, 1967.
12431292 22 Until January 1, 2000, all other monies paid into the
12441293 23 Horse Racing Tax Allocation Fund pursuant to this
12451294 24 paragraph (11) shall be allocated by appropriation as
12461295 25 follows:
12471296 26 Two-sevenths to the Department of Agriculture.
12481297
12491298
12501299
12511300
12521301
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1254-
1255-
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1257- SB0327 Engrossed - 36 - LRB103 05799 AMQ 50819 b
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1303+
1304+
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1306+ SB0327 - 36 - LRB103 05799 AMQ 50819 b
12581307 1 Fifty percent of this two-sevenths shall be used to
12591308 2 promote the Illinois horse racing and breeding
12601309 3 industry, and shall be distributed by the Department
12611310 4 of Agriculture upon the advice of a 9-member committee
12621311 5 appointed by the Governor consisting of the following
12631312 6 members: the Director of Agriculture, who shall serve
12641313 7 as chairman; 2 representatives of organization
12651314 8 licensees conducting thoroughbred race meetings in
12661315 9 this State, recommended by those licensees; 2
12671316 10 representatives of organization licensees conducting
12681317 11 standardbred race meetings in this State, recommended
12691318 12 by those licensees; a representative of the Illinois
12701319 13 Thoroughbred Breeders and Owners Foundation,
12711320 14 recommended by that Foundation; a representative of
12721321 15 the Illinois Standardbred Owners and Breeders
12731322 16 Association, recommended by that Association; a
12741323 17 representative of the Horsemen's Benevolent and
12751324 18 Protective Association or any successor organization
12761325 19 thereto established in Illinois comprised of the
12771326 20 largest number of owners and trainers, recommended by
12781327 21 that Association or that successor organization; and a
12791328 22 representative of the Illinois Harness Horsemen's
12801329 23 Association, recommended by that Association.
12811330 24 Committee members shall serve for terms of 2 years,
12821331 25 commencing January 1 of each even-numbered year. If a
12831332 26 representative of any of the above-named entities has
12841333
12851334
12861335
12871336
12881337
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1290-
1291-
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1293- SB0327 Engrossed - 37 - LRB103 05799 AMQ 50819 b
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12941343 1 not been recommended by January 1 of any even-numbered
12951344 2 year, the Governor shall appoint a committee member to
12961345 3 fill that position. Committee members shall receive no
12971346 4 compensation for their services as members but shall
12981347 5 be reimbursed for all actual and necessary expenses
12991348 6 and disbursements incurred in the performance of their
13001349 7 official duties. The remaining 50% of this
13011350 8 two-sevenths shall be distributed to county fairs for
13021351 9 premiums and rehabilitation as set forth in the
13031352 10 Agricultural Fair Act;
13041353 11 Four-sevenths to museums and aquariums located in
13051354 12 park districts of over 500,000 population; provided
13061355 13 that the monies are distributed in accordance with the
13071356 14 previous year's distribution of the maintenance tax
13081357 15 for such museums and aquariums as provided in Section
13091358 16 2 of the Park District Aquarium and Museum Act; and
13101359 17 One-seventh to the Agricultural Premium Fund to be
13111360 18 used for distribution to agricultural home economics
13121361 19 extension councils in accordance with "An Act in
13131362 20 relation to additional support and finances for the
13141363 21 Agricultural and Home Economic Extension Councils in
13151364 22 the several counties of this State and making an
13161365 23 appropriation therefor", approved July 24, 1967. This
13171366 24 subparagraph (C) shall be inoperative and of no force
13181367 25 and effect on and after January 1, 2000.
13191368 26 (D) Except as provided in paragraph (11) of this
13201369
13211370
13221371
13231372
13241373
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1326-
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13301379 1 subsection (h), with respect to purse allocation from
13311380 2 inter-track wagering, the monies so retained shall be
13321381 3 divided as follows:
13331382 4 (i) If the inter-track wagering licensee,
13341383 5 except an inter-track wagering licensee that
13351384 6 derives its license from an organization licensee
13361385 7 located in a county with a population in excess of
13371386 8 230,000 and bounded by the Mississippi River, is
13381387 9 not conducting its own race meeting during the
13391388 10 same dates, then the entire purse allocation shall
13401389 11 be to purses at the track where the races wagered
13411390 12 on are being conducted.
13421391 13 (ii) If the inter-track wagering licensee,
13431392 14 except an inter-track wagering licensee that
13441393 15 derives its license from an organization licensee
13451394 16 located in a county with a population in excess of
13461395 17 230,000 and bounded by the Mississippi River, is
13471396 18 also conducting its own race meeting during the
13481397 19 same dates, then the purse allocation shall be as
13491398 20 follows: 50% to purses at the track where the
13501399 21 races wagered on are being conducted; 50% to
13511400 22 purses at the track where the inter-track wagering
13521401 23 licensee is accepting such wagers.
13531402 24 (iii) If the inter-track wagering is being
13541403 25 conducted by an inter-track wagering location
13551404 26 licensee, except an inter-track wagering location
13561405
13571406
13581407
13591408
13601409
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1362-
1363-
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1365- SB0327 Engrossed - 39 - LRB103 05799 AMQ 50819 b
1410+ SB0327 - 38 - LRB103 05799 AMQ 50819 b
1411+
1412+
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1414+ SB0327 - 39 - LRB103 05799 AMQ 50819 b
13661415 1 licensee that derives its license from an
13671416 2 organization licensee located in a county with a
13681417 3 population in excess of 230,000 and bounded by the
13691418 4 Mississippi River, the entire purse allocation for
13701419 5 Illinois races shall be to purses at the track
13711420 6 where the race meeting being wagered on is being
13721421 7 held.
13731422 8 (12) The Board shall have all powers necessary and
13741423 9 proper to fully supervise and control the conduct of
13751424 10 inter-track wagering and simulcast wagering by inter-track
13761425 11 wagering licensees and inter-track wagering location
13771426 12 licensees, including, but not limited to, the following:
13781427 13 (A) The Board is vested with power to promulgate
13791428 14 reasonable rules and regulations for the purpose of
13801429 15 administering the conduct of this wagering and to
13811430 16 prescribe reasonable rules, regulations and conditions
13821431 17 under which such wagering shall be held and conducted.
13831432 18 Such rules and regulations are to provide for the
13841433 19 prevention of practices detrimental to the public
13851434 20 interest and for the best interests of said wagering
13861435 21 and to impose penalties for violations thereof.
13871436 22 (B) The Board, and any person or persons to whom it
13881437 23 delegates this power, is vested with the power to
13891438 24 enter the facilities of any licensee to determine
13901439 25 whether there has been compliance with the provisions
13911440 26 of this Act and the rules and regulations relating to
13921441
13931442
13941443
13951444
13961445
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1398-
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1401- SB0327 Engrossed - 40 - LRB103 05799 AMQ 50819 b
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1447+
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1450+ SB0327 - 40 - LRB103 05799 AMQ 50819 b
14021451 1 the conduct of such wagering.
14031452 2 (C) The Board, and any person or persons to whom it
14041453 3 delegates this power, may eject or exclude from any
14051454 4 licensee's facilities, any person whose conduct or
14061455 5 reputation is such that his presence on such premises
14071456 6 may, in the opinion of the Board, call into the
14081457 7 question the honesty and integrity of, or interfere
14091458 8 with the orderly conduct of such wagering; provided,
14101459 9 however, that no person shall be excluded or ejected
14111460 10 from such premises solely on the grounds of race,
14121461 11 color, creed, national origin, ancestry, or sex.
14131462 12 (D) (Blank).
14141463 13 (E) The Board is vested with the power to appoint
14151464 14 delegates to execute any of the powers granted to it
14161465 15 under this Section for the purpose of administering
14171466 16 this wagering and any rules and regulations
14181467 17 promulgated in accordance with this Act.
14191468 18 (F) The Board shall name and appoint a State
14201469 19 director of this wagering who shall be a
14211470 20 representative of the Board and whose duty it shall be
14221471 21 to supervise the conduct of inter-track wagering as
14231472 22 may be provided for by the rules and regulations of the
14241473 23 Board; such rules and regulation shall specify the
14251474 24 method of appointment and the Director's powers,
14261475 25 authority and duties. The Board may appoint the
14271476 26 Director of Mutuels to also serve as the State
14281477
14291478
14301479
14311480
14321481
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1434-
1435-
1436-SB0327 Engrossed- 41 -LRB103 05799 AMQ 50819 b SB0327 Engrossed - 41 - LRB103 05799 AMQ 50819 b
1437- SB0327 Engrossed - 41 - LRB103 05799 AMQ 50819 b
1482+ SB0327 - 40 - LRB103 05799 AMQ 50819 b
1483+
1484+
1485+SB0327- 41 -LRB103 05799 AMQ 50819 b SB0327 - 41 - LRB103 05799 AMQ 50819 b
1486+ SB0327 - 41 - LRB103 05799 AMQ 50819 b
14381487 1 director of this wagering.
14391488 2 (G) The Board is vested with the power to impose
14401489 3 civil penalties of up to $5,000 against individuals
14411490 4 and up to $10,000 against licensees for each violation
14421491 5 of any provision of this Act relating to the conduct of
14431492 6 this wagering, any rules adopted by the Board, any
14441493 7 order of the Board or any other action which in the
14451494 8 Board's discretion, is a detriment or impediment to
14461495 9 such wagering.
14471496 10 (13) The Department of Agriculture may enter into
14481497 11 agreements with licensees authorizing such licensees to
14491498 12 conduct inter-track wagering on races to be held at the
14501499 13 licensed race meetings conducted by the Department of
14511500 14 Agriculture. Such agreement shall specify the races of the
14521501 15 Department of Agriculture's licensed race meeting upon
14531502 16 which the licensees will conduct wagering. In the event
14541503 17 that a licensee conducts inter-track pari-mutuel wagering
14551504 18 on races from the Illinois State Fair or DuQuoin State
14561505 19 Fair which are in addition to the licensee's previously
14571506 20 approved racing program, those races shall be considered a
14581507 21 separate racing day for the purpose of determining the
14591508 22 daily handle and computing the privilege or pari-mutuel
14601509 23 tax on that daily handle as provided in Sections 27 and
14611510 24 27.1. Such agreements shall be approved by the Board
14621511 25 before such wagering may be conducted. In determining
14631512 26 whether to grant approval, the Board shall give due
14641513
14651514
14661515
14671516
14681517
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1470-
1471-
1472-SB0327 Engrossed- 42 -LRB103 05799 AMQ 50819 b SB0327 Engrossed - 42 - LRB103 05799 AMQ 50819 b
1473- SB0327 Engrossed - 42 - LRB103 05799 AMQ 50819 b
1518+ SB0327 - 41 - LRB103 05799 AMQ 50819 b
1519+
1520+
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1522+ SB0327 - 42 - LRB103 05799 AMQ 50819 b
14741523 1 consideration to the best interests of the public and of
14751524 2 horse racing. The provisions of paragraphs (1), (8),
14761525 3 (8.1), and (8.2) of subsection (h) of this Section which
14771526 4 are not specified in this paragraph (13) shall not apply
14781527 5 to licensed race meetings conducted by the Department of
14791528 6 Agriculture at the Illinois State Fair in Sangamon County
14801529 7 or the DuQuoin State Fair in Perry County, or to any
14811530 8 wagering conducted on those race meetings.
14821531 9 (14) An inter-track wagering location license
14831532 10 authorized by the Board in 2016 that is owned and operated
14841533 11 by a race track in Rock Island County shall be transferred
14851534 12 to a commonly owned race track in Cook County on August 12,
14861535 13 2016 (the effective date of Public Act 99-757). The
14871536 14 licensee shall retain its status in relation to purse
14881537 15 distribution under paragraph (11) of this subsection (h)
14891538 16 following the transfer to the new entity. The pari-mutuel
14901539 17 tax credit under Section 32.1 shall not be applied toward
14911540 18 any pari-mutuel tax obligation of the inter-track wagering
14921541 19 location licensee of the license that is transferred under
14931542 20 this paragraph (14).
14941543 21 (i) Notwithstanding the other provisions of this Act, the
14951544 22 conduct of wagering at wagering facilities is authorized on
14961545 23 all days, except as limited by subsection (b) of Section 19 of
14971546 24 this Act.
14981547 25 (Source: P.A. 101-31, eff. 6-28-19; 101-52, eff. 7-12-19;
14991548 26 101-81, eff. 7-12-19; 101-109, eff. 7-19-19; 102-558, eff.
15001549
15011550
15021551
15031552
15041553
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1506-
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1509- SB0327 Engrossed - 43 - LRB103 05799 AMQ 50819 b
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15101559 1 8-20-21; 102-813, eff. 5-13-22.)
15111560 2 (230 ILCS 5/27) (from Ch. 8, par. 37-27)
15121561 3 Sec. 27. (a) In addition to the organization license fee
15131562 4 provided by this Act, until January 1, 2000, a graduated
15141563 5 privilege tax is hereby imposed for conducting the pari-mutuel
15151564 6 system of wagering permitted under this Act. Until January 1,
15161565 7 2000, except as provided in subsection (g) of Section 27 of
15171566 8 this Act, all of the breakage of each racing day held by any
15181567 9 licensee in the State shall be paid to the State. Until January
15191568 10 1, 2000, such daily graduated privilege tax shall be paid by
15201569 11 the licensee from the amount permitted to be retained under
15211570 12 this Act. Until January 1, 2000, each day's graduated
15221571 13 privilege tax, breakage, and Horse Racing Tax Allocation funds
15231572 14 shall be remitted to the Department of Revenue within 48 hours
15241573 15 after the close of the racing day upon which it is assessed or
15251574 16 within such other time as the Board prescribes. The privilege
15261575 17 tax hereby imposed, until January 1, 2000, shall be a flat tax
15271576 18 at the rate of 2% of the daily pari-mutuel handle except as
15281577 19 provided in Section 27.1.
15291578 20 In addition, every organization licensee, except as
15301579 21 provided in Section 27.1 of this Act, which conducts multiple
15311580 22 wagering shall pay, until January 1, 2000, as a privilege tax
15321581 23 on multiple wagers an amount equal to 1.25% of all moneys
15331582 24 wagered each day on such multiple wagers, plus an additional
15341583 25 amount equal to 3.5% of the amount wagered each day on any
15351584
15361585
15371586
15381587
15391588
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1541-
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1544- SB0327 Engrossed - 44 - LRB103 05799 AMQ 50819 b
1589+ SB0327 - 43 - LRB103 05799 AMQ 50819 b
1590+
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15451594 1 other multiple wager which involves a single betting interest
15461595 2 on 3 or more horses. The licensee shall remit the amount of
15471596 3 such taxes to the Department of Revenue within 48 hours after
15481597 4 the close of the racing day on which it is assessed or within
15491598 5 such other time as the Board prescribes.
15501599 6 This subsection (a) shall be inoperative and of no force
15511600 7 and effect on and after January 1, 2000.
15521601 8 (a-5) Beginning on January 1, 2000, a flat pari-mutuel tax
15531602 9 at the rate of 1.5% of the daily pari-mutuel handle is imposed
15541603 10 at all pari-mutuel wagering facilities and on advance deposit
15551604 11 wagering from a location other than a wagering facility,
15561605 12 except as otherwise provided for in this subsection (a-5). In
15571606 13 addition to the pari-mutuel tax imposed on advance deposit
15581607 14 wagering pursuant to this subsection (a-5), beginning on
15591608 15 August 24, 2012 (the effective date of Public Act 97-1060), an
15601609 16 additional pari-mutuel tax at the rate of 0.25% shall be
15611610 17 imposed on advance deposit wagering. Until August 25, 2012,
15621611 18 the additional 0.25% pari-mutuel tax imposed on advance
15631612 19 deposit wagering by Public Act 96-972 shall be deposited into
15641613 20 the Quarter Horse Purse Fund, which shall be created as a
15651614 21 non-appropriated trust fund administered by the Board for
15661615 22 distribution grants to thoroughbred organization licensees for
15671616 23 payment of purses for quarter horse races conducted by the
15681617 24 organization licensee. Beginning on August 26, 2012, the
15691618 25 additional 0.25% pari-mutuel tax imposed on advance deposit
15701619 26 wagering shall be deposited into the Standardbred Purse Fund,
15711620
15721621
15731622
15741623
15751624
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1577-
1578-
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1580- SB0327 Engrossed - 45 - LRB103 05799 AMQ 50819 b
1625+ SB0327 - 44 - LRB103 05799 AMQ 50819 b
1626+
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15811630 1 which shall be created as a non-appropriated trust fund
15821631 2 administered by the Board, for grants to the standardbred
15831632 3 organization licensees for payment of purses for standardbred
15841633 4 horse races conducted by the organization licensee.
15851634 5 Thoroughbred organization licensees may petition the Board to
15861635 6 conduct quarter horse racing and receive purse grants from the
15871636 7 Quarter Horse Purse Fund. The Board shall have complete
15881637 8 discretion in distributing the Quarter Horse Purse Fund to the
15891638 9 petitioning organization licensees. Beginning on July 26, 2010
15901639 10 (the effective date of Public Act 96-1287), a pari-mutuel tax
15911640 11 at the rate of 0.75% of the daily pari-mutuel handle is imposed
15921641 12 at a pari-mutuel facility whose license is derived from a
15931642 13 track located in a county that borders the Mississippi River
15941643 14 and conducted live racing in the previous year. The
15951644 15 pari-mutuel tax imposed by this subsection (a-5) shall be
15961645 16 remitted to the Board Department of Revenue within 48 hours
15971646 17 after the close of the racing day upon which it is assessed or
15981647 18 within such other time as the Board prescribes.
15991648 19 (a-10) Beginning on the date when an organization licensee
16001649 20 begins conducting gaming pursuant to an organization gaming
16011650 21 license, the following pari-mutuel tax is imposed upon an
16021651 22 organization licensee on Illinois races at the licensee's
16031652 23 racetrack:
16041653 24 1.5% of the pari-mutuel handle at or below the average
16051654 25 daily pari-mutuel handle for 2011.
16061655 26 2% of the pari-mutuel handle above the average daily
16071656
16081657
16091658
16101659
16111660
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1613-
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1616- SB0327 Engrossed - 46 - LRB103 05799 AMQ 50819 b
1661+ SB0327 - 45 - LRB103 05799 AMQ 50819 b
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1665+ SB0327 - 46 - LRB103 05799 AMQ 50819 b
16171666 1 pari-mutuel handle for 2011 up to 125% of the average
16181667 2 daily pari-mutuel handle for 2011.
16191668 3 2.5% of the pari-mutuel handle 125% or more above the
16201669 4 average daily pari-mutuel handle for 2011 up to 150% of
16211670 5 the average daily pari-mutuel handle for 2011.
16221671 6 3% of the pari-mutuel handle 150% or more above the
16231672 7 average daily pari-mutuel handle for 2011 up to 175% of
16241673 8 the average daily pari-mutuel handle for 2011.
16251674 9 3.5% of the pari-mutuel handle 175% or more above the
16261675 10 average daily pari-mutuel handle for 2011.
16271676 11 The pari-mutuel tax imposed by this subsection (a-10)
16281677 12 shall be remitted to the Board within 48 hours after the close
16291678 13 of the racing day upon which it is assessed or within such
16301679 14 other time as the Board prescribes.
16311680 15 (b) On or before December 31, 1999, in the event that any
16321681 16 organization licensee conducts 2 separate programs of races on
16331682 17 any day, each such program shall be considered a separate
16341683 18 racing day for purposes of determining the daily handle and
16351684 19 computing the privilege tax on such daily handle as provided
16361685 20 in subsection (a) of this Section.
16371686 21 (c) Licensees shall at all times keep accurate books and
16381687 22 records of all monies wagered on each day of a race meeting and
16391688 23 of the taxes paid to the Board Department of Revenue under the
16401689 24 provisions of this Section. The Board or its duly authorized
16411690 25 representative or representatives shall at all reasonable
16421691 26 times have access to such records for the purpose of examining
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16531702 1 and checking the same and ascertaining whether the proper
16541703 2 amount of taxes is being paid as provided. The Board shall
16551704 3 require verified reports and a statement of the total of all
16561705 4 monies wagered daily at each wagering facility upon which the
16571706 5 taxes are assessed and may prescribe forms upon which such
16581707 6 reports and statement shall be made.
16591708 7 (d) Before a license is issued or re-issued, the licensee
16601709 8 shall post a bond in the sum of $500,000 to the State of
16611710 9 Illinois. The bond shall be used to guarantee that the
16621711 10 licensee faithfully makes the payments, keeps the books and
16631712 11 records, makes reports, and conducts games of chance in
16641713 12 conformity with this Act and the rules adopted by the Board.
16651714 13 The bond shall not be canceled by a surety on less than 30
16661715 14 days' notice in writing to the Board. If a bond is canceled and
16671716 15 the licensee fails to file a new bond with the Board in the
16681717 16 required amount on or before the effective date of
16691718 17 cancellation, the licensee's license shall be revoked. The
16701719 18 total and aggregate liability of the surety on the bond is
16711720 19 limited to the amount specified in the bond.
16721721 20 (e) No other license fee, privilege tax, excise tax, or
16731722 21 racing fee, except as provided in this Act, shall be assessed
16741723 22 or collected from any such licensee by the State.
16751724 23 (f) No other license fee, privilege tax, excise tax or
16761725 24 racing fee shall be assessed or collected from any such
16771726 25 licensee by units of local government except as provided in
16781727 26 paragraph 10.1 of subsection (h) and subsection (f) of Section
16791728
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16891738 1 26 of this Act. However, any municipality that has a Board
16901739 2 licensed horse race meeting at a race track wholly within its
16911740 3 corporate boundaries or a township that has a Board licensed
16921741 4 horse race meeting at a race track wholly within the
16931742 5 unincorporated area of the township may charge a local
16941743 6 amusement tax not to exceed 10 per admission to such horse
16951744 7 race meeting by the enactment of an ordinance. However, any
16961745 8 municipality or county that has a Board licensed inter-track
16971746 9 wagering location facility wholly within its corporate
16981747 10 boundaries may each impose an admission fee not to exceed
16991748 11 $1.00 per admission to such inter-track wagering location
17001749 12 facility, so that a total of not more than $2.00 per admission
17011750 13 may be imposed. Except as provided in subparagraph (g) of
17021751 14 Section 27 of this Act, the inter-track wagering location
17031752 15 licensee shall collect any and all such fees. Inter-track
17041753 16 wagering location licensees must pay the admission fees
17051754 17 required under this subsection (f) to the municipality and
17061755 18 county no later than the 20th of the month following the month
17071756 19 such admission fees were imposed.
17081757 20 (g) Notwithstanding any provision in this Act to the
17091758 21 contrary, if in any calendar year the total taxes and fees from
17101759 22 wagering on live racing and from inter-track wagering required
17111760 23 to be collected from licensees and distributed under this Act
17121761 24 to all State and local governmental authorities exceeds the
17131762 25 amount of such taxes and fees distributed to each State and
17141763 26 local governmental authority to which each State and local
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17251774 1 governmental authority was entitled under this Act for
17261775 2 calendar year 1994, then the first $11 million of that excess
17271776 3 amount shall be allocated at the earliest possible date for
17281777 4 distribution as purse money for the succeeding calendar year.
17291778 5 Upon reaching the 1994 level, and until the excess amount of
17301779 6 taxes and fees exceeds $11 million, the Board shall direct all
17311780 7 licensees to cease paying the subject taxes and fees and the
17321781 8 Board shall direct all licensees to allocate any such excess
17331782 9 amount for purses as follows:
17341783 10 (i) the excess amount shall be initially divided
17351784 11 between thoroughbred and standardbred purses based on the
17361785 12 thoroughbred's and standardbred's respective percentages
17371786 13 of total Illinois live wagering in calendar year 1994;
17381787 14 (ii) each thoroughbred and standardbred organization
17391788 15 licensee issued an organization licensee in that
17401789 16 succeeding allocation year shall be allocated an amount
17411790 17 equal to the product of its percentage of total Illinois
17421791 18 live thoroughbred or standardbred wagering in calendar
17431792 19 year 1994 (the total to be determined based on the sum of
17441793 20 1994 on-track wagering for all organization licensees
17451794 21 issued organization licenses in both the allocation year
17461795 22 and the preceding year) multiplied by the total amount
17471796 23 allocated for standardbred or thoroughbred purses,
17481797 24 provided that the first $1,500,000 of the amount allocated
17491798 25 to standardbred purses under item (i) shall be allocated
17501799 26 to the Department of Agriculture to be expended with the
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17611810 1 assistance and advice of the Illinois Standardbred
17621811 2 Breeders Funds Advisory Board for the purposes listed in
17631812 3 subsection (g) of Section 31 of this Act, before the
17641813 4 amount allocated to standardbred purses under item (i) is
17651814 5 allocated to standardbred organization licensees in the
17661815 6 succeeding allocation year.
17671816 7 To the extent the excess amount of taxes and fees to be
17681817 8 collected and distributed to State and local governmental
17691818 9 authorities exceeds $11 million, that excess amount shall be
17701819 10 collected and distributed to State and local authorities as
17711820 11 provided for under this Act.
17721821 12 (Source: P.A. 101-31, eff. 6-28-19; 101-52, eff. 7-12-19;
17731822 13 102-558, eff. 8-20-21.)
17741823 14 (230 ILCS 5/28.1)
17751824 15 Sec. 28.1. Payments.
17761825 16 (a) Beginning on January 1, 2000, moneys collected by the
17771826 17 Department of Revenue and the Racing Board pursuant to Section
17781827 18 26 or Section 27 of this Act shall be deposited into the Horse
17791828 19 Racing Fund, which is hereby created as a special fund in the
17801829 20 State Treasury.
17811830 21 (b) Appropriations, as approved by the General Assembly,
17821831 22 may be made from the Horse Racing Fund to the Board to pay the
17831832 23 salaries of the Board members, secretary, stewards, directors
17841833 24 of mutuels, veterinarians, representatives, accountants,
17851834 25 clerks, stenographers, inspectors and other employees of the
17861835
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17961845 1 Board, and all expenses of the Board incident to the
17971846 2 administration of this Act, including, but not limited to, all
17981847 3 expenses and salaries incident to the taking of saliva and
17991848 4 urine samples in accordance with the rules and regulations of
18001849 5 the Board.
18011850 6 (c) (Blank).
18021851 7 (d) Beginning January 1, 2000, payments to all programs in
18031852 8 existence on the effective date of this amendatory Act of 1999
18041853 9 that are identified in Sections 26(c), 26(f), 26(h)(11)(C),
18051854 10 and 28, subsections (a), (b), (c), (d), (e), (f), (g), and (h)
18061855 11 of Section 30, and subsections (a), (b), (c), (d), (e), (f),
18071856 12 (g), and (h) of Section 31 shall be made from the General
18081857 13 Revenue Fund at the funding levels determined by amounts paid
18091858 14 under this Act in calendar year 1998. Beginning on the
18101859 15 effective date of this amendatory Act of the 93rd General
18111860 16 Assembly, payments to the Peoria Park District shall be made
18121861 17 from the General Revenue Fund at the funding level determined
18131862 18 by amounts paid to that park district for museum purposes
18141863 19 under this Act in calendar year 1994.
18151864 20 If an inter-track wagering location licensee's facility
18161865 21 changes its location, then the payments associated with that
18171866 22 facility under this subsection (d) for museum purposes shall
18181867 23 be paid to the park district in the area where the facility
18191868 24 relocates, and the payments shall be used for museum purposes.
18201869 25 If the facility does not relocate to a park district, then the
18211870 26 payments shall be paid to the taxing district that is
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18321881 1 responsible for park or museum expenditures.
18331882 2 (e) Beginning July 1, 2006, the payment authorized under
18341883 3 subsection (d) to museums and aquariums located in park
18351884 4 districts of over 500,000 population shall be paid to museums,
18361885 5 aquariums, and zoos in amounts determined by Museums in the
18371886 6 Park, an association of museums, aquariums, and zoos located
18381887 7 on Chicago Park District property.
18391888 8 (f) Beginning July 1, 2007, the Children's Discovery
18401889 9 Museum in Normal, Illinois shall receive payments from the
18411890 10 General Revenue Fund at the funding level determined by the
18421891 11 amounts paid to the Miller Park Zoo in Bloomington, Illinois
18431892 12 under this Section in calendar year 2006.
18441893 13 (g) On August 31, 2021, after subtracting all lapse period
18451894 14 spending from the June 30 balance of the prior fiscal year, the
18461895 15 Comptroller shall transfer to the Horse Racing Purse Equity
18471896 16 Fund 50% of the balance within the Horse Racing Fund.
18481897 17 (Source: P.A. 102-16, eff. 6-17-21.)
18491898 18 (230 ILCS 5/31.1) (from Ch. 8, par. 37-31.1)
18501899 19 Sec. 31.1. (a) Unless subsection (a-5) applies,
18511900 20 organization licensees collectively shall contribute annually
18521901 21 to charity the sum of $750,000 to non-profit organizations
18531902 22 that provide medical and family, counseling, and similar
18541903 23 services to persons who reside or work on the backstretch of
18551904 24 Illinois racetracks. Unless subsection (a-5) applies, these
18561905 25 contributions shall be collected as follows: (i) no later than
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18671916 1 July 1st of each year the Board shall assess each organization
18681917 2 licensee, except those tracks located in Madison County, which
18691918 3 tracks shall pay $30,000 annually apiece into the Board
18701919 4 charity fund, that amount which equals $690,000 multiplied by
18711920 5 the amount of pari-mutuel wagering handled by the organization
18721921 6 licensee in the year preceding assessment and divided by the
18731922 7 total pari-mutuel wagering handled by all Illinois
18741923 8 organization licensees, except those tracks located in Madison
18751924 9 and Rock Island counties, in the year preceding assessment;
18761925 10 (ii) notice of the assessed contribution shall be mailed to
18771926 11 each organization licensee; (iii) within thirty days of its
18781927 12 receipt of such notice, each organization licensee shall remit
18791928 13 the assessed contribution to the Board. Unless subsection
18801929 14 (a-5) applies, if an organization licensee commences operation
18811930 15 of gaming at its facility pursuant to an organization gaming
18821931 16 license under the Illinois Gambling Act, then the organization
18831932 17 licensee shall contribute an additional $83,000 per year
18841933 18 beginning in the year subsequent to the first year in which the
18851934 19 organization licensee begins receiving funds from gaming
18861935 20 pursuant to an organization gaming license. If an organization
18871936 21 licensee wilfully fails to so remit the contribution, the
18881937 22 Board may revoke its license to conduct horse racing.
18891938 23 (a-5) If (1) an organization licensee that did not operate
18901939 24 live racing in 2017 is awarded racing dates in 2018 or in any
18911940 25 subsequent year and (2) all organization licensees are
18921941 26 operating gaming pursuant to an organization gaming license
18931942
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19031952 1 under the Illinois Gambling Act, then subsection (a) does not
19041953 2 apply and organization licensees collectively shall contribute
19051954 3 annually to charity the sum of $1,000,000 to non-profit
19061955 4 organizations that provide medical and family, counseling, and
19071956 5 similar services to persons who reside or work on the
19081957 6 backstretch of Illinois racetracks. These contributions shall
19091958 7 be collected as follows: (i) no later than July 1st of each
19101959 8 year the Board shall assess each organization licensee an
19111960 9 amount based on the proportionate amount of live racing days
19121961 10 in the calendar year for which the Board has awarded to the
19131962 11 organization licensee out of the total aggregate number of
19141963 12 live racing days awarded; (ii) notice of the assessed
19151964 13 contribution shall be mailed to each organization licensee;
19161965 14 (iii) within 30 days after its receipt of such notice, each
19171966 15 organization licensee shall remit the assessed contribution to
19181967 16 the Board. If an organization licensee willfully fails to so
19191968 17 remit the contribution, the Board may revoke its license to
19201969 18 conduct horse racing.
19211970 19 (b) No later than October 1st of each year, any qualified
19221971 20 charitable organization seeking an allotment of contributed
19231972 21 funds shall submit to the Board an application for those
19241973 22 funds, using the Board's approved form. The No later than
19251974 23 December 31st of each year, the Board shall distribute all
19261975 24 such amounts collected that year to such charitable
19271976 25 organization applicants on a schedule determined by the Board,
19281977 26 based on the charitable organization's estimated expenditures
19291978
19301979
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19391988 1 related to this grant. Any funds not expended by the grantee in
19401989 2 a grant year shall be distributed to the charitable
19411990 3 organization or charitable organizations selected in the next
19421991 4 grant year after the funds are recovered in addition to the
19431992 5 amounts specified in subsections (a) and (a-5).
19441993 6 (Source: P.A. 101-31, eff. 6-28-19.)
19451994 7 (230 ILCS 5/15.1 rep.)
19461995 8 (230 ILCS 5/34.3 rep.)
19471996 9 Section 10. The Illinois Horse Racing Act of 1975 is
19481997 10 amended by repealing Sections 15.1 and 34.3.
19491998 11 Section 99. Effective date. This Act takes effect upon
19501999 12 becoming law.
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