Illinois 2025-2026 Regular Session

Illinois House Bill HB1852 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1852 Introduced , by Rep. Sue Scherer SYNOPSIS AS INTRODUCED: 230 ILCS 5/3.075230 ILCS 5/19 from Ch. 8, par. 37-19230 ILCS 5/19.5230 ILCS 5/19.10 new230 ILCS 5/20 from Ch. 8, par. 37-20230 ILCS 5/26 from Ch. 8, par. 37-26 Amends the Illinois Horse Racing Act of 1975. Removes provision stating that no organization licensee conducting its race meeting in a county bordering the Mississippi River and having a population greater than 230,000 may be a host track for its race meeting. Makes changes in provisions regarding organizations that may not conduct a horse race meeting, the standardbred racetrack in Cook County, the application for an organization license, and wagering. Adds provisions concerning the standardbred racetrack in Macon County. Effective immediately. LRB104 09431 LNS 19491 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1852 Introduced , by Rep. Sue Scherer SYNOPSIS AS INTRODUCED: 230 ILCS 5/3.075230 ILCS 5/19 from Ch. 8, par. 37-19230 ILCS 5/19.5230 ILCS 5/19.10 new230 ILCS 5/20 from Ch. 8, par. 37-20230 ILCS 5/26 from Ch. 8, par. 37-26 230 ILCS 5/3.075 230 ILCS 5/19 from Ch. 8, par. 37-19 230 ILCS 5/19.5 230 ILCS 5/19.10 new 230 ILCS 5/20 from Ch. 8, par. 37-20 230 ILCS 5/26 from Ch. 8, par. 37-26 Amends the Illinois Horse Racing Act of 1975. Removes provision stating that no organization licensee conducting its race meeting in a county bordering the Mississippi River and having a population greater than 230,000 may be a host track for its race meeting. Makes changes in provisions regarding organizations that may not conduct a horse race meeting, the standardbred racetrack in Cook County, the application for an organization license, and wagering. Adds provisions concerning the standardbred racetrack in Macon County. Effective immediately. LRB104 09431 LNS 19491 b LRB104 09431 LNS 19491 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1852 Introduced , by Rep. Sue Scherer SYNOPSIS AS INTRODUCED:
3	3	230 ILCS 5/3.075230 ILCS 5/19 from Ch. 8, par. 37-19230 ILCS 5/19.5230 ILCS 5/19.10 new230 ILCS 5/20 from Ch. 8, par. 37-20230 ILCS 5/26 from Ch. 8, par. 37-26 230 ILCS 5/3.075 230 ILCS 5/19 from Ch. 8, par. 37-19 230 ILCS 5/19.5 230 ILCS 5/19.10 new 230 ILCS 5/20 from Ch. 8, par. 37-20 230 ILCS 5/26 from Ch. 8, par. 37-26
4	4	230 ILCS 5/3.075
5	5	230 ILCS 5/19 from Ch. 8, par. 37-19
6	6	230 ILCS 5/19.5
7	7	230 ILCS 5/19.10 new
8	8	230 ILCS 5/20 from Ch. 8, par. 37-20
9	9	230 ILCS 5/26 from Ch. 8, par. 37-26
10	10	Amends the Illinois Horse Racing Act of 1975. Removes provision stating that no organization licensee conducting its race meeting in a county bordering the Mississippi River and having a population greater than 230,000 may be a host track for its race meeting. Makes changes in provisions regarding organizations that may not conduct a horse race meeting, the standardbred racetrack in Cook County, the application for an organization license, and wagering. Adds provisions concerning the standardbred racetrack in Macon County. Effective immediately.
11	11	LRB104 09431 LNS 19491 b LRB104 09431 LNS 19491 b
12	12	LRB104 09431 LNS 19491 b
13	13	A BILL FOR
14	14	HB1852LRB104 09431 LNS 19491 b HB1852 LRB104 09431 LNS 19491 b
15	15	HB1852 LRB104 09431 LNS 19491 b
16	16	1 AN ACT concerning gaming.
17	17	2 Be it enacted by the People of the State of Illinois,
18	18	3 represented in the General Assembly:
19	19	4 Section 5. The Illinois Horse Racing Act of 1975 is
20	20	5 amended by changing Sections 3.075, 19, 19.5, 20, and 26 and by
21	21	6 adding Section 19.10 as follows:
22	22	7 (230 ILCS 5/3.075)
23	23	8 Sec. 3.075. (a) "Host track" means the organization
24	24	9 licensee (i) conducting live thoroughbred racing between the
25	25	10 hours of 6:30 a.m. and 6:30 p.m. from the first day to the last
26	26	11 day of its horse racing meet as awarded by the Board (including
27	27	12 all days within that period when no live racing occurs),
28	28	13 except as otherwise provided in subsections (c) and (e) of
29	29	14 this Section, or (ii) conducting live standardbred racing
30	30	15 between the hours of 6:30 p.m. to 6:30 a.m. of the following
31	31	16 day from the first day to the last day of its horse racing meet
32	32	17 as awarded by the Board (including all days within that period
33	33	18 when no live racing occurs, except as otherwise provided in
34	34	19 subsections (b), (d), and (e) of this Section); provided that
35	35	20 the organization licensee conducts live racing no fewer than 5
36	36	21 days per week with no fewer than 9 races per day, unless a
37	37	22 lesser schedule of live racing is the result of (1) weather,
38	38	23 unsafe track conditions, or other acts of God; (2) an
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42	42	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1852 Introduced , by Rep. Sue Scherer SYNOPSIS AS INTRODUCED:
43	43	230 ILCS 5/3.075230 ILCS 5/19 from Ch. 8, par. 37-19230 ILCS 5/19.5230 ILCS 5/19.10 new230 ILCS 5/20 from Ch. 8, par. 37-20230 ILCS 5/26 from Ch. 8, par. 37-26 230 ILCS 5/3.075 230 ILCS 5/19 from Ch. 8, par. 37-19 230 ILCS 5/19.5 230 ILCS 5/19.10 new 230 ILCS 5/20 from Ch. 8, par. 37-20 230 ILCS 5/26 from Ch. 8, par. 37-26
44	44	230 ILCS 5/3.075
45	45	230 ILCS 5/19 from Ch. 8, par. 37-19
46	46	230 ILCS 5/19.5
47	47	230 ILCS 5/19.10 new
48	48	230 ILCS 5/20 from Ch. 8, par. 37-20
49	49	230 ILCS 5/26 from Ch. 8, par. 37-26
50	50	Amends the Illinois Horse Racing Act of 1975. Removes provision stating that no organization licensee conducting its race meeting in a county bordering the Mississippi River and having a population greater than 230,000 may be a host track for its race meeting. Makes changes in provisions regarding organizations that may not conduct a horse race meeting, the standardbred racetrack in Cook County, the application for an organization license, and wagering. Adds provisions concerning the standardbred racetrack in Macon County. Effective immediately.
51	51	LRB104 09431 LNS 19491 b LRB104 09431 LNS 19491 b
52	52	LRB104 09431 LNS 19491 b
53	53	A BILL FOR
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59	59	230 ILCS 5/3.075
60	60	230 ILCS 5/19 from Ch. 8, par. 37-19
61	61	230 ILCS 5/19.5
62	62	230 ILCS 5/19.10 new
63	63	230 ILCS 5/20 from Ch. 8, par. 37-20
64	64	230 ILCS 5/26 from Ch. 8, par. 37-26
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83	83	1 agreement between the organization licensee and the
84	84	2 associations representing the largest number of owners,
85	85	3 trainers, and standardbred drivers who race horses at that
86	86	4 organization licensee's race meeting, with the Board's
87	87	5 consent; or (3) a decision by the Board after a public hearing
88	88	6 (in which the associations representing the owners, trainers,
89	89	7 jockeys, or standardbred drivers who race horses at that
90	90	8 organization licensee's race meeting shall participate) either
91	91	9 at the time racing dates are awarded or after those dates are
92	92	10 awarded due to changed financial circumstances, upon a written
93	93	11 petition from the organization licensee, accompanied by
94	94	12 supporting financial data as requested by the Board, stating
95	95	13 that the organization licensee has and will continue to incur
96	96	14 significant financial losses. No organization licensee
97	97	15 conducting its race meeting in a county bordering the
98	98	16 Mississippi River and having a population greater than 230,000
99	99	17 may be a host track for its race meeting.
100	100	18 (b) (Blank).
101	101	19 (c) (Blank).
102	102	20 (d) Notwithstanding the provisions of subsection (a) of
103	103	21 this Section and except as otherwise provided in subsection
104	104	22 (e) of this Section, in the event that 2 organization
105	105	23 licensees conduct their standardbred race meetings
106	106	24 concurrently on any date after January 1, 1996, between the
107	107	25 hours of 6:30 p.m. and 6:30 a.m., the organization licensee
108	108	26 awarded the most racing dates between 6:30 p.m. and 6:30 a.m.
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119	119	1 during the calendar year in which that concurrent racing
120	120	2 occurs will be deemed the host track, provided that the 2
121	121	3 organization licensees collectively conduct live standardbred
122	122	4 racing between 6:30 p.m. and 6:30 a.m. during the week in which
123	123	5 concurrent race meetings occur no less than 5 days per week
124	124	6 with no less than 9 races per day. During each week of the
125	125	7 calendar year in which 2 organization licensees are conducting
126	126	8 live standardbred race meetings between 6:30 p.m. and 6:30
127	127	9 a.m., if there is any day in that week on which only one
128	128	10 organization licensee is conducting a standardbred race
129	129	11 meeting between 6:30 p.m. and 6:30 a.m., that organization
130	130	12 licensee shall be the host track provided that the 2
131	131	13 organization licensees collectively conduct live standardbred
132	132	14 racing between 6:30 p.m. and 6:30 a.m. during the week in which
133	133	15 concurrent race meetings occur no less than 5 days per week
134	134	16 with no less than 9 races per day. During each week of the
135	135	17 calendar year in which 2 organization licensees are
136	136	18 concurrently conducting live standardbred race meetings on one
137	137	19 or more days between 6:30 p.m. and 6:30 a.m., if there is any
138	138	20 day in that week on which no organization licensee is
139	139	21 conducting a standardbred race meeting between 6:30 p.m. and
140	140	22 6:30 a.m., the organization licensee conducting a standardbred
141	141	23 race meeting during that week and time period that has been
142	142	24 awarded the most racing dates during the calendar year between
143	143	25 6:30 p.m. and 6:30 a.m. shall be the host track, provided that
144	144	26 the 2 organization licensees collectively conduct live
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155	155	1 standardbred racing between 6:30 p.m. and 6:30 a.m. during the
156	156	2 week in which concurrent race meetings occur no less than 5
157	157	3 days per week with no less than 9 races per day. The
158	158	4 requirement in this subsection (d) that live racing be
159	159	5 conducted no less than 5 days per week with no less than 9
160	160	6 races per day shall be subject to exceptions set forth in items
161	161	7 (1), (2), and (3) of subsection (a) of Section 3.075.
162	162	8 (e) During any calendar period in which no organization
163	163	9 licensee has been awarded a thoroughbred race meeting, the
164	164	10 host track, between the hours of 6:30 a.m. and 6:30 p.m. of
165	165	11 such period, shall be an organization licensee determined by
166	166	12 the Board, provided the organization licensee has been awarded
167	167	13 a thoroughbred race meeting in the current year and is
168	168	14 eligible to be a host track.
169	169	15 (Source: P.A. 91-40, eff. 6-25-99.)
170	170	16 (230 ILCS 5/19) (from Ch. 8, par. 37-19)
171	171	17 Sec. 19. (a) No organization license may be granted to
172	172	18 conduct a horse race meeting:
173	173	19 (1) except as provided in subsection (c) of Section 21
174	174	20 of this Act, to any person at any place within 35 miles of
175	175	21 any other place licensed by the Board to hold a race
176	176	22 meeting on the same date during the same hours, the
177	177	23 mileage measurement used in this subsection (a) shall be
178	178	24 certified to the Board by the Bureau of Systems and
179	179	25 Services in the Illinois Department of Transportation as
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190	190	1 the most commonly used public way of vehicular travel;
191	191	2 (1.5) except as provided in Section 19.10 of this Act,
192	192	3 to any person to conduct gaming under Section 56 of this
193	193	4 Act at any place within 100 miles of a track located in a
194	194	5 county with a population in excess of 230,000 and that
195	195	6 borders the Mississippi River;
196	196	7 (2) to any person in default in the payment of any
197	197	8 obligation or debt due the State under this Act, provided
198	198	9 no applicant shall be deemed in default in the payment of
199	199	10 any obligation or debt due to the State under this Act as
200	200	11 long as there is pending a hearing of any kind relevant to
201	201	12 such matter;
202	202	13 (3) to any person who has been convicted of the
203	203	14 violation of any law of the United States or any State law
204	204	15 which provided as all or part of its penalty imprisonment
205	205	16 in any penal institution; to any person against whom there
206	206	17 is pending a Federal or State criminal charge; to any
207	207	18 person who is or has been connected with or engaged in the
208	208	19 operation of any illegal business; to any person who does
209	209	20 not enjoy a general reputation in his community of being
210	210	21 an honest, upright, law-abiding person; provided that none
211	211	22 of the matters set forth in this subparagraph (3) shall
212	212	23 make any person ineligible to be granted an organization
213	213	24 license if the Board determines, based on circumstances of
214	214	25 any such case, that the granting of a license would not be
215	215	26 detrimental to the interests of horse racing and of the
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226	226	1 public;
227	227	2 (4) to any person who does not at the time of
228	228	3 application for the organization license own or have a
229	229	4 contract or lease for the possession of a finished race
230	230	5 track suitable for the type of racing intended to be held
231	231	6 by the applicant and for the accommodation of the public.
232	232	7 (b) (Blank).
233	233	8 (c) If any person is ineligible to receive an organization
234	234	9 license because of any of the matters set forth in subsection
235	235	10 (a) (2) or subsection (a) (3) of this Section, any other or
236	236	11 separate person that either (i) controls, directly or
237	237	12 indirectly, such ineligible person or (ii) is controlled,
238	238	13 directly or indirectly, by such ineligible person or by a
239	239	14 person which controls, directly or indirectly, such ineligible
240	240	15 person shall also be ineligible.
241	241	16 (Source: P.A. 101-31, eff. 6-28-19.)
242	242	17 (230 ILCS 5/19.5)
243	243	18 Sec. 19.5. Standardbred racetrack in Cook County.
244	244	19 Notwithstanding anything in this Act to the contrary, in
245	245	20 addition to organization licenses issued by the Board on the
246	246	21 effective date of this amendatory Act of the 101st General
247	247	22 Assembly, the Board shall issue an organization license
248	248	23 limited to standardbred racing to a racetrack located in one
249	249	24 of the following townships of Cook County: Bloom, Bremen,
250	250	25 Calumet, Orland, Rich, Thornton, or Worth. This additional
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261	261	1 organization license shall not be issued within a 35-mile
262	262	2 radius of another organization license issued by the Board on
263	263	3 the effective date of this amendatory Act of the 101st General
264	264	4 Assembly, unless the person having operating control of such
265	265	5 racetrack has given written consent to the organization
266	266	6 licensee applicant, which consent must be filed with the Board
267	267	7 at or prior to the time application is made. However, the
268	268	8 consent required by this Section from the person having
269	269	9 operating control of such racetrack shall not be required
270	270	10 after December 31, 2025. The organization license application
271	271	11 shall be submitted to the Board and the Board may grant the
272	272	12 organization license at any meeting of the Board. The Board
273	273	13 shall examine the application within 21 days after receipt of
274	274	14 the application with respect to its conformity with this Act
275	275	15 and the rules adopted by the Board. If the application does not
276	276	16 comply with this Act or the rules adopted by the Board, the
277	277	17 application may be rejected and an organization license
278	278	18 refused to the applicant, or the Board may, within 21 days
279	279	19 after receipt of the application, advise the applicant of the
280	280	20 deficiencies of the application under the Act or the rules of
281	281	21 the Board and require the submittal of an amended application
282	282	22 within a reasonable time determined by the Board; upon
283	283	23 submittal of the amended application by the applicant, the
284	284	24 Board may consider the application consistent with the process
285	285	25 described in subsection (e-5) of Section 20. If the
286	286	26 application is found to be in compliance with this Act and the
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297	297	1 rules of the Board, the Board shall then issue an organization
298	298	2 license to the applicant. Once the organization license is
299	299	3 granted, the licensee shall have all of the current and future
300	300	4 rights of existing Illinois racetracks, including, but not
301	301	5 limited to, the ability to obtain an inter-track wagering
302	302	6 license, the ability to obtain inter-track wagering location
303	303	7 licenses, the ability to obtain an organization gaming license
304	304	8 pursuant to the Illinois Gambling Act with 1,200 gaming
305	305	9 positions, and the ability to offer Internet wagering on horse
306	306	10 racing.
307	307	11 (Source: P.A. 101-31, eff. 6-28-19; 102-689, eff. 12-17-21.)
308	308	12 (230 ILCS 5/19.10 new)
309	309	13 Sec. 19.10. Standardbred racetrack in Macon County.
310	310	14 Notwithstanding anything in this Act to the contrary, in
311	311	15 addition to organization licenses issued by the Board on the
312	312	16 effective date of this amendatory Act of the 104th General
313	313	17 Assembly, the Board shall issue an organization license
314	314	18 limited to standardbred racing to a racetrack located in Macon
315	315	19 County. Any physical gaming positions issued to an
316	316	20 organization licensee under this Section that also receives
317	317	21 organization gaming licensee under Section 56 shall be located
318	318	22 in Macon County. The organization license application shall be
319	319	23 submitted to the Board and the Board may grant the
320	320	24 organization license at any meeting of the Board. The Board
321	321	25 shall examine the application within 21 days after receipt of
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332	332	1 the application with respect to its conformity with this Act
333	333	2 and the rules adopted by the Board. If the application does not
334	334	3 comply with this Act or the rules adopted by the Board, the
335	335	4 application may be rejected and an organization license
336	336	5 refused to the applicant, or the Board may, within 21 days
337	337	6 after receipt of the application, advise the applicant of the
338	338	7 deficiencies of the application under this Act or the rules of
339	339	8 the Board and require the submittal of an amended application
340	340	9 within a reasonable time determined by the Board; upon
341	341	10 submittal of the amended application by the applicant, the
342	342	11 Board may consider the application consistent with the process
343	343	12 described in subsection (e-5) of Section 20. If the
344	344	13 application is found to be in compliance with this Act and the
345	345	14 rules of the Board, the Board shall then issue an organization
346	346	15 license to the applicant. Once the organization license is
347	347	16 granted, the licensee shall have all of the current and future
348	348	17 rights of existing Illinois racetracks, including, but not
349	349	18 limited to, the ability to obtain an inter-track wagering
350	350	19 license, the ability to obtain inter-track wagering location
351	351	20 licenses, the ability to obtain an organization gaming license
352	352	21 pursuant to the Illinois Gambling Act with 900 gaming
353	353	22 positions, and the ability to offer Internet wagering on horse
354	354	23 racing.
355	355	24 (230 ILCS 5/20) (from Ch. 8, par. 37-20)
356	356	25 Sec. 20. (a) Any person desiring to conduct a horse race
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367	367	1 meeting may apply to the Board for an organization license.
368	368	2 The application shall be made on a form prescribed and
369	369	3 furnished by the Board. The application shall specify:
370	370	4 (1) the dates on which it intends to conduct the horse
371	371	5 race meeting, which dates shall be provided under Section
372	372	6 21;
373	373	7 (2) the hours of each racing day between which it
374	374	8 intends to hold or conduct horse racing at such meeting;
375	375	9 (3) the location where it proposes to conduct the
376	376	10 meeting; and
377	377	11 (4) any other information the Board may reasonably
378	378	12 require.
379	379	13 (b) A separate application for an organization license
380	380	14 shall be filed for each horse race meeting which such person
381	381	15 proposes to hold. Any such application, if made by an
382	382	16 individual, or by any individual as trustee, shall be signed
383	383	17 and verified under oath by such individual. If the application
384	384	18 is made by individuals, then it shall be signed and verified
385	385	19 under oath by at least 2 of the individuals; if the application
386	386	20 is made by a partnership, an association, a corporation, a
387	387	21 corporate trustee, a limited liability company, or any other
388	388	22 entity, it shall be signed by an authorized officer, a
389	389	23 partner, a member, or a manager, as the case may be, of the
390	390	24 entity.
391	391	25 (c) The application shall specify:
392	392	26 (1) the name of the persons, association, trust, or
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403	403	1 corporation making such application;
404	404	2 (2) the principal address of the applicant;
405	405	3 (3) if the applicant is a trustee, the names and
406	406	4 addresses of the beneficiaries; if the applicant is a
407	407	5 corporation, the names and addresses of all officers,
408	408	6 stockholders and directors; or if such stockholders hold
409	409	7 stock as a nominee or fiduciary, the names and addresses
410	410	8 of the parties who are the beneficial owners thereof or
411	411	9 who are beneficially interested therein; if the applicant
412	412	10 is a partnership, the names and addresses of all partners,
413	413	11 general or limited; if the applicant is a limited
414	414	12 liability company, the names and addresses of the manager
415	415	13 and members; and if the applicant is any other entity, the
416	416	14 names and addresses of all officers or other authorized
417	417	15 persons of the entity.
418	418	16 (d) The applicant shall execute and file with the Board a
419	419	17 good faith affirmative action plan to recruit, train, and
420	420	18 upgrade minorities in all classifications within the
421	421	19 association.
422	422	20 (e) With such application there shall be delivered to the
423	423	21 Board a certified check or bank draft payable to the order of
424	424	22 the Board for an amount equal to $1,000. All applications for
425	425	23 the issuance of an organization license shall be filed with
426	426	24 the Board before August 1 of the year prior to the year for
427	427	25 which application is made and shall be acted upon by the Board
428	428	26 at a meeting to be held on such date as shall be fixed by the
429	429
430	430
431	431
432	432
433	433
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435	435
436	436
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438	438	HB1852 - 12 - LRB104 09431 LNS 19491 b
439	439	1 Board during the last 15 days of September of such prior year.
440	440	2 At such meeting, the Board shall announce the award of the
441	441	3 racing meets, live racing schedule, and designation of host
442	442	4 track to the applicants and its approval or disapproval of
443	443	5 each application. No announcement shall be considered binding
444	444	6 until a formal order is executed by the Board, which shall be
445	445	7 executed no later than October 15 of that prior year. Absent
446	446	8 the agreement of the affected organization licensees, the
447	447	9 Board shall not grant overlapping race meetings to 2 or more
448	448	10 tracks that are within 100 miles of each other to conduct the
449	449	11 thoroughbred racing.
450	450	12 (e-1) The Board shall award standardbred racing dates to
451	451	13 organization licensees with an organization gaming license
452	452	14 pursuant to the following schedule:
453	453	15 (1) For the first calendar year of operation of
454	454	16 gambling games by an organization gaming licensee under
455	455	17 this amendatory Act of the 101st General Assembly, when a
456	456	18 single entity requests standardbred racing dates, the
457	457	19 Board shall award no fewer than 100 days of racing. The
458	458	20 100-day requirement may be reduced to no fewer than 80
459	459	21 days if no dates are requested for the first 3 months of a
460	460	22 calendar year. If more than one entity requests
461	461	23 standardbred racing dates, the Board shall award no fewer
462	462	24 than 140 days of racing between the applicants.
463	463	25 (2) For the second calendar year of operation of
464	464	26 gambling games by an organization gaming licensee under
465	465
466	466
467	467
468	468
469	469
470	470	HB1852 - 12 - LRB104 09431 LNS 19491 b
471	471
472	472
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474	474	HB1852 - 13 - LRB104 09431 LNS 19491 b
475	475	1 this amendatory Act of the 101st General Assembly, when a
476	476	2 single entity requests standardbred racing dates, the
477	477	3 Board shall award no fewer than 100 days of racing. The
478	478	4 100-day requirement may be reduced to no fewer than 80
479	479	5 days if no dates are requested for the first 3 months of a
480	480	6 calendar year. If more than one entity requests
481	481	7 standardbred racing dates, the Board shall award no fewer
482	482	8 than 160 days of racing between the applicants.
483	483	9 (3) For the third calendar year of operation of
484	484	10 gambling games by an organization gaming licensee under
485	485	11 this amendatory Act of the 101st General Assembly, and
486	486	12 each calendar year thereafter, when a single entity
487	487	13 requests standardbred racing dates, the Board shall award
488	488	14 no fewer than 120 days of racing. The 120-day requirement
489	489	15 may be reduced to no fewer than 100 days if no dates are
490	490	16 requested for the first 3 months of a calendar year. If
491	491	17 more than one entity requests standardbred racing dates,
492	492	18 the Board shall award no fewer than 200 days of racing
493	493	19 between the applicants.
494	494	20 (4) Notwithstanding any other requirement of this
495	495	21 subsection, if the Board approves an organization license
496	496	22 pursuant to Section 19.10, the Board may award fewer than
497	497	23 the minimum number of racing days, but no fewer than 60
498	498	24 days of racing, if there is consent for fewer days of
499	499	25 racing as agreed to by the organization licensee and the
500	500	26 horsemen association representing the largest number of
501	501
502	502
503	503
504	504
505	505
506	506	HB1852 - 13 - LRB104 09431 LNS 19491 b
507	507
508	508
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510	510	HB1852 - 14 - LRB104 09431 LNS 19491 b
511	511	1 owners, trainers, jockeys, or standardbred drivers who
512	512	2 race horses at that organization licensee's racing
513	513	3 meeting.
514	514	4 (5) Notwithstanding any other requirement of this
515	515	5 subsection, if the Board approves an organization license
516	516	6 pursuant to Section 19.10 before July 1, 2025, and the
517	517	7 organization licensee applies for racing days in the
518	518	8 remainder of 2025, the Board may award racing days to the
519	519	9 organization licensee in the remainder of 2025 after the
520	520	10 Board has considered the application consistent with
521	521	11 subsection (e-5).
522	522	12 An organization licensee shall apply for racing dates
523	523	13 pursuant to this subsection (e-1). In awarding racing dates
524	524	14 under this subsection (e-1), the Board shall have the
525	525	15 discretion to allocate those standardbred racing dates among
526	526	16 these organization licensees.
527	527	17 (e-2) The Board shall award thoroughbred racing days to
528	528	18 Cook County organization licensees pursuant to the following
529	529	19 schedule:
530	530	20 (1) During the first year in which only one
531	531	21 organization licensee is awarded an organization gaming
532	532	22 license, the Board shall award no fewer than 110 days of
533	533	23 racing.
534	534	24 During the second year in which only one organization
535	535	25 licensee is awarded an organization gaming license, the
536	536	26 Board shall award no fewer than 115 racing days.
537	537
538	538
539	539
540	540
541	541
542	542	HB1852 - 14 - LRB104 09431 LNS 19491 b
543	543
544	544
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546	546	HB1852 - 15 - LRB104 09431 LNS 19491 b
547	547	1 During the third year and every year thereafter, in
548	548	2 which only one organization licensee is awarded an
549	549	3 organization gaming license, the Board shall award no
550	550	4 fewer than 120 racing days.
551	551	5 (2) During the first year in which 2 organization
552	552	6 licensees are awarded an organization gaming license, the
553	553	7 Board shall award no fewer than 139 total racing days.
554	554	8 During the second year in which 2 organization
555	555	9 licensees are awarded an organization gaming license, the
556	556	10 Board shall award no fewer than 160 total racing days.
557	557	11 During the third year and every year thereafter in
558	558	12 which 2 organization licensees are awarded an organization
559	559	13 gaming license, the Board shall award no fewer than 174
560	560	14 total racing days.
561	561	15 A Cook County organization licensee shall apply for racing
562	562	16 dates pursuant to this subsection (e-2). In awarding racing
563	563	17 dates under this subsection (e-2), the Board shall have the
564	564	18 discretion to allocate those thoroughbred racing dates among
565	565	19 these Cook County organization licensees.
566	566	20 (e-3) In awarding racing dates for calendar year 2020 and
567	567	21 thereafter in connection with a racetrack in Madison County,
568	568	22 the Board shall award racing dates and such organization
569	569	23 licensee shall run at least 700 thoroughbred races at the
570	570	24 racetrack in Madison County each year.
571	571	25 Notwithstanding Section 7.7 of the Illinois Gambling Act
572	572	26 or any provision of this Act other than subsection (e-4.5),
573	573
574	574
575	575
576	576
577	577
578	578	HB1852 - 15 - LRB104 09431 LNS 19491 b
579	579
580	580
581	581	HB1852- 16 -LRB104 09431 LNS 19491 b HB1852 - 16 - LRB104 09431 LNS 19491 b
582	582	HB1852 - 16 - LRB104 09431 LNS 19491 b
583	583	1 for each calendar year for which an organization gaming
584	584	2 licensee located in Madison County requests racing dates
585	585	3 resulting in less than 700 live thoroughbred races at its
586	586	4 racetrack facility, the organization gaming licensee may not
587	587	5 conduct gaming pursuant to an organization gaming license
588	588	6 issued under the Illinois Gambling Act for the calendar year
589	589	7 of such requested live races.
590	590	8 (e-4) Notwithstanding the provisions of Section 7.7 of the
591	591	9 Illinois Gambling Act or any provision of this Act other than
592	592	10 subsections (e-3) and (e-4.5), for each calendar year for
593	593	11 which an organization gaming licensee requests thoroughbred
594	594	12 racing dates which results in a number of live races under its
595	595	13 organization license that is less than the total number of
596	596	14 live races which it conducted in 2017 at its racetrack
597	597	15 facility, the organization gaming licensee may not conduct
598	598	16 gaming pursuant to its organization gaming license for the
599	599	17 calendar year of such requested live races.
600	600	18 (e-4.1) Notwithstanding the provisions of Section 7.7 of
601	601	19 the Illinois Gambling Act or any provision of this Act other
602	602	20 than subsections (e-3) and (e-4.5), for each calendar year for
603	603	21 which an organization licensee requests racing dates for
604	604	22 standardbred racing which results in a number of live races
605	605	23 that is less than the total number of live races required in
606	606	24 subsection (e-1), the organization gaming licensee may not
607	607	25 conduct gaming pursuant to its organization gaming license for
608	608	26 the calendar year of such requested live races.
609	609
610	610
611	611
612	612
613	613
614	614	HB1852 - 16 - LRB104 09431 LNS 19491 b
615	615
616	616
617	617	HB1852- 17 -LRB104 09431 LNS 19491 b HB1852 - 17 - LRB104 09431 LNS 19491 b
618	618	HB1852 - 17 - LRB104 09431 LNS 19491 b
619	619	1 (e-4.5) The Board shall award the minimum live racing
620	620	2 guarantees contained in subsections (e-1), (e-2), and (e-3) to
621	621	3 ensure that each organization licensee shall individually run
622	622	4 a sufficient number of races per year to qualify for an
623	623	5 organization gaming license under this Act. The General
624	624	6 Assembly finds that the minimum live racing guarantees
625	625	7 contained in subsections (e-1), (e-2), and (e-3) are in the
626	626	8 best interest of the sport of horse racing, and that such
627	627	9 guarantees may only be reduced in the calendar year in which
628	628	10 they will be conducted in the limited circumstances described
629	629	11 in this subsection. The Board may decrease the number of
630	630	12 racing days without affecting an organization licensee's
631	631	13 ability to conduct gaming pursuant to an organization gaming
632	632	14 license issued under the Illinois Gambling Act only if the
633	633	15 Board determines, after notice and hearing, that:
634	634	16 (i) a decrease is necessary to maintain a sufficient
635	635	17 number of betting interests per race to ensure the
636	636	18 integrity of racing;
637	637	19 (ii) there are unsafe track conditions due to weather
638	638	20 or acts of God;
639	639	21 (iii) there is an agreement between an organization
640	640	22 licensee and the breed association that is applicable to
641	641	23 the involved live racing guarantee, such association
642	642	24 representing either the largest number of thoroughbred
643	643	25 owners and trainers or the largest number of standardbred
644	644	26 owners, trainers and drivers who race horses at the
645	645
646	646
647	647
648	648
649	649
650	650	HB1852 - 17 - LRB104 09431 LNS 19491 b
651	651
652	652
653	653	HB1852- 18 -LRB104 09431 LNS 19491 b HB1852 - 18 - LRB104 09431 LNS 19491 b
654	654	HB1852 - 18 - LRB104 09431 LNS 19491 b
655	655	1 involved organization licensee's racing meeting, so long
656	656	2 as the agreement does not compromise the integrity of the
657	657	3 sport of horse racing; or
658	658	4 (iv) the horse population or purse levels are
659	659	5 insufficient to provide the number of racing opportunities
660	660	6 otherwise required in this Act.
661	661	7 In decreasing the number of racing dates in accordance
662	662	8 with this subsection, the Board shall hold a hearing and shall
663	663	9 provide the public and all interested parties notice and an
664	664	10 opportunity to be heard. The Board shall accept testimony from
665	665	11 all interested parties, including any association representing
666	666	12 owners, trainers, jockeys, or drivers who will be affected by
667	667	13 the decrease in racing dates. The Board shall provide a
668	668	14 written explanation of the reasons for the decrease and the
669	669	15 Board's findings. The written explanation shall include a
670	670	16 listing and content of all communication between any party and
671	671	17 any Illinois Racing Board member or staff that does not take
672	672	18 place at a public meeting of the Board.
673	673	19 (e-5) In reviewing an application for the purpose of
674	674	20 granting an organization license consistent with the best
675	675	21 interests of the public and the sport of horse racing, the
676	676	22 Board shall consider:
677	677	23 (1) the character, reputation, experience, and
678	678	24 financial integrity of the applicant and of any other
679	679	25 separate person that either:
680	680	26 (i) controls the applicant, directly or
681	681
682	682
683	683
684	684
685	685
686	686	HB1852 - 18 - LRB104 09431 LNS 19491 b
687	687
688	688
689	689	HB1852- 19 -LRB104 09431 LNS 19491 b HB1852 - 19 - LRB104 09431 LNS 19491 b
690	690	HB1852 - 19 - LRB104 09431 LNS 19491 b
691	691	1 indirectly, or
692	692	2 (ii) is controlled, directly or indirectly, by
693	693	3 that applicant or by a person who controls, directly
694	694	4 or indirectly, that applicant;
695	695	5 (2) the applicant's facilities or proposed facilities
696	696	6 for conducting horse racing;
697	697	7 (3) the total revenue without regard to Section 32.1
698	698	8 to be derived by the State and horsemen from the
699	699	9 applicant's conducting a race meeting;
700	700	10 (4) the applicant's good faith affirmative action plan
701	701	11 to recruit, train, and upgrade minorities in all
702	702	12 employment classifications;
703	703	13 (5) the applicant's financial ability to purchase and
704	704	14 maintain adequate liability and casualty insurance;
705	705	15 (6) the applicant's proposed and prior year's
706	706	16 promotional and marketing activities and expenditures of
707	707	17 the applicant associated with those activities;
708	708	18 (7) an agreement, if any, among organization licensees
709	709	19 as provided in subsection (b) of Section 21 of this Act;
710	710	20 and
711	711	21 (8) the extent to which the applicant exceeds or meets
712	712	22 other standards for the issuance of an organization
713	713	23 license that the Board shall adopt by rule.
714	714	24 In granting organization licenses and allocating dates for
715	715	25 horse race meetings, the Board shall have discretion to
716	716	26 determine an overall schedule, including required simulcasts
717	717
718	718
719	719
720	720
721	721
722	722	HB1852 - 19 - LRB104 09431 LNS 19491 b
723	723
724	724
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726	726	HB1852 - 20 - LRB104 09431 LNS 19491 b
727	727	1 of Illinois races by host tracks that will, in its judgment, be
728	728	2 conducive to the best interests of the public and the sport of
729	729	3 horse racing.
730	730	4 (e-10) The Illinois Administrative Procedure Act shall
731	731	5 apply to administrative procedures of the Board under this Act
732	732	6 for the granting of an organization license, except that (1)
733	733	7 notwithstanding the provisions of subsection (b) of Section
734	734	8 10-40 of the Illinois Administrative Procedure Act regarding
735	735	9 cross-examination, the Board may prescribe rules limiting the
736	736	10 right of an applicant or participant in any proceeding to
737	737	11 award an organization license to conduct cross-examination of
738	738	12 witnesses at that proceeding where that cross-examination
739	739	13 would unduly obstruct the timely award of an organization
740	740	14 license under subsection (e) of Section 20 of this Act; (2) the
741	741	15 provisions of Section 10-45 of the Illinois Administrative
742	742	16 Procedure Act regarding proposals for decision are excluded
743	743	17 under this Act; (3) notwithstanding the provisions of
744	744	18 subsection (a) of Section 10-60 of the Illinois Administrative
745	745	19 Procedure Act regarding ex parte communications, the Board may
746	746	20 prescribe rules allowing ex parte communications with
747	747	21 applicants or participants in a proceeding to award an
748	748	22 organization license where conducting those communications
749	749	23 would be in the best interest of racing, provided all those
750	750	24 communications are made part of the record of that proceeding
751	751	25 pursuant to subsection (c) of Section 10-60 of the Illinois
752	752	26 Administrative Procedure Act; (4) the provisions of Section
753	753
754	754
755	755
756	756
757	757
758	758	HB1852 - 20 - LRB104 09431 LNS 19491 b
759	759
760	760
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762	762	HB1852 - 21 - LRB104 09431 LNS 19491 b
763	763	1 14a of this Act and the rules of the Board promulgated under
764	764	2 that Section shall apply instead of the provisions of Article
765	765	3 10 of the Illinois Administrative Procedure Act regarding
766	766	4 administrative law judges; and (5) the provisions of
767	767	5 subsection (d) of Section 10-65 of the Illinois Administrative
768	768	6 Procedure Act that prevent summary suspension of a license
769	769	7 pending revocation or other action shall not apply.
770	770	8 (f) The Board may allot racing dates to an organization
771	771	9 licensee for more than one calendar year but for no more than 3
772	772	10 successive calendar years in advance, provided that the Board
773	773	11 shall review such allotment for more than one calendar year
774	774	12 prior to each year for which such allotment has been made. The
775	775	13 granting of an organization license to a person constitutes a
776	776	14 privilege to conduct a horse race meeting under the provisions
777	777	15 of this Act, and no person granted an organization license
778	778	16 shall be deemed to have a vested interest, property right, or
779	779	17 future expectation to receive an organization license in any
780	780	18 subsequent year as a result of the granting of an organization
781	781	19 license. Organization licenses shall be subject to revocation
782	782	20 if the organization licensee has violated any provision of
783	783	21 this Act or the rules and regulations promulgated under this
784	784	22 Act or has been convicted of a crime or has failed to disclose
785	785	23 or has stated falsely any information called for in the
786	786	24 application for an organization license. Any organization
787	787	25 license revocation proceeding shall be in accordance with
788	788	26 Section 16 regarding suspension and revocation of occupation
789	789
790	790
791	791
792	792
793	793
794	794	HB1852 - 21 - LRB104 09431 LNS 19491 b
795	795
796	796
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798	798	HB1852 - 22 - LRB104 09431 LNS 19491 b
799	799	1 licenses.
800	800	2 (f-5) If, (i) an applicant does not file an acceptance of
801	801	3 the racing dates awarded by the Board as required under part
802	802	4 (1) of subsection (h) of this Section 20, or (ii) an
803	803	5 organization licensee has its license suspended or revoked
804	804	6 under this Act, the Board, upon conducting an emergency
805	805	7 hearing as provided for in this Act, may reaward on an
806	806	8 emergency basis pursuant to rules established by the Board,
807	807	9 racing dates not accepted or the racing dates associated with
808	808	10 any suspension or revocation period to one or more
809	809	11 organization licensees, new applicants, or any combination
810	810	12 thereof, upon terms and conditions that the Board determines
811	811	13 are in the best interest of racing, provided, the organization
812	812	14 licensees or new applicants receiving the awarded racing dates
813	813	15 file an acceptance of those reawarded racing dates as required
814	814	16 under paragraph (1) of subsection (h) of this Section 20 and
815	815	17 comply with the other provisions of this Act. The Illinois
816	816	18 Administrative Procedure Act shall not apply to the
817	817	19 administrative procedures of the Board in conducting the
818	818	20 emergency hearing and the reallocation of racing dates on an
819	819	21 emergency basis.
820	820	22 (g) (Blank).
821	821	23 (h) The Board shall send the applicant a copy of its
822	822	24 formally executed order by certified mail addressed to the
823	823	25 applicant at the address stated in his application, which
824	824	26 notice shall be mailed within 5 days of the date the formal
825	825
826	826
827	827
828	828
829	829
830	830	HB1852 - 22 - LRB104 09431 LNS 19491 b
831	831
832	832
833	833	HB1852- 23 -LRB104 09431 LNS 19491 b HB1852 - 23 - LRB104 09431 LNS 19491 b
834	834	HB1852 - 23 - LRB104 09431 LNS 19491 b
835	835	1 order is executed.
836	836	2 Each applicant notified shall, within 10 days after
837	837	3 receipt of the final executed order of the Board awarding
838	838	4 racing dates:
839	839	5 (1) file with the Board an acceptance of such award in
840	840	6 the form prescribed by the Board;
841	841	7 (2) pay to the Board an additional amount equal to
842	842	8 $110 for each racing date awarded; and
843	843	9 (3) file with the Board the bonds required in Sections
844	844	10 21 and 25 at least 20 days prior to the first day of each
845	845	11 race meeting.
846	846	12 Upon compliance with the provisions of paragraphs (1), (2),
847	847	13 and (3) of this subsection (h), the applicant shall be issued
848	848	14 an organization license.
849	849	15 If any applicant fails to comply with this Section or
850	850	16 fails to pay the organization license fees herein provided, no
851	851	17 organization license shall be issued to such applicant.
852	852	18 (Source: P.A. 101-31, eff. 6-28-19.)
853	853	19 (230 ILCS 5/26) (from Ch. 8, par. 37-26)
854	854	20 Sec. 26. Wagering.
855	855	21 (a) Any licensee may conduct and supervise the pari-mutuel
856	856	22 system of wagering, as defined in Section 3.12 of this Act, on
857	857	23 horse races conducted by an Illinois organization licensee or
858	858	24 conducted at a racetrack located in another state or country
859	859	25 in accordance with subsection (g) of Section 26 of this Act.
860	860
861	861
862	862
863	863
864	864
865	865	HB1852 - 23 - LRB104 09431 LNS 19491 b
866	866
867	867
868	868	HB1852- 24 -LRB104 09431 LNS 19491 b HB1852 - 24 - LRB104 09431 LNS 19491 b
869	869	HB1852 - 24 - LRB104 09431 LNS 19491 b
870	870	1 Subject to the prior consent of the Board, licensees may
871	871	2 supplement any pari-mutuel pool in order to guarantee a
872	872	3 minimum distribution. Such pari-mutuel method of wagering
873	873	4 shall not, under any circumstances if conducted under the
874	874	5 provisions of this Act, be held or construed to be unlawful,
875	875	6 other statutes of this State to the contrary notwithstanding.
876	876	7 Subject to rules for advance wagering promulgated by the
877	877	8 Board, any licensee may accept wagers in advance of the day the
878	878	9 race wagered upon occurs.
879	879	10 (b) Except for those gaming activities for which a license
880	880	11 is obtained and authorized under the Illinois Lottery Law, the
881	881	12 Charitable Games Act, the Raffles and Poker Runs Act, or the
882	882	13 Illinois Gambling Act, no other method of betting, pool
883	883	14 making, wagering or gambling shall be used or permitted by the
884	884	15 licensee. Each licensee may retain, subject to the payment of
885	885	16 all applicable taxes and purses, an amount not to exceed 17% of
886	886	17 all money wagered under subsection (a) of this Section, except
887	887	18 as may otherwise be permitted under this Act.
888	888	19 (b-5) An individual may place a wager under the
889	889	20 pari-mutuel system from any licensed location authorized under
890	890	21 this Act provided that wager is electronically recorded in the
891	891	22 manner described in Section 3.12 of this Act. Any wager made
892	892	23 electronically by an individual while physically on the
893	893	24 premises of a licensee shall be deemed to have been made at the
894	894	25 premises of that licensee.
895	895	26 (c) (Blank).
896	896
897	897
898	898
899	899
900	900
901	901	HB1852 - 24 - LRB104 09431 LNS 19491 b
902	902
903	903
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905	905	HB1852 - 25 - LRB104 09431 LNS 19491 b
906	906	1 (c-5) The sum held by any licensee for payment of
907	907	2 outstanding pari-mutuel tickets, if unclaimed prior to
908	908	3 December 31 of the next year, shall be retained by the licensee
909	909	4 for payment of such tickets until that date. Within 10 days
910	910	5 thereafter, the balance of such sum remaining unclaimed, less
911	911	6 any uncashed supplements contributed by such licensee for the
912	912	7 purpose of guaranteeing minimum distributions of any
913	913	8 pari-mutuel pool, shall be evenly distributed to the purse
914	914	9 account of the organization licensee and the organization
915	915	10 licensee, except that the balance of the sum of all
916	916	11 outstanding pari-mutuel tickets generated from simulcast
917	917	12 wagering and inter-track wagering by an organization licensee
918	918	13 located in a county with a population in excess of 230,000 and
919	919	14 borders the Mississippi River or any licensee that derives its
920	920	15 license from that organization licensee shall be evenly
921	921	16 distributed to the purse account of the organization licensee
922	922	17 and the organization licensee.
923	923	18 (d) A pari-mutuel ticket shall be honored until December
924	924	19 31 of the next calendar year, and the licensee shall pay the
925	925	20 same and may charge the amount thereof against unpaid money
926	926	21 similarly accumulated on account of pari-mutuel tickets not
927	927	22 presented for payment.
928	928	23 (e) No licensee shall knowingly permit any minor, other
929	929	24 than an employee of such licensee or an owner, trainer,
930	930	25 jockey, driver, or employee thereof, to be admitted during a
931	931	26 racing program unless accompanied by a parent or guardian, or
932	932
933	933
934	934
935	935
936	936
937	937	HB1852 - 25 - LRB104 09431 LNS 19491 b
938	938
939	939
940	940	HB1852- 26 -LRB104 09431 LNS 19491 b HB1852 - 26 - LRB104 09431 LNS 19491 b
941	941	HB1852 - 26 - LRB104 09431 LNS 19491 b
942	942	1 any minor to be a patron of the pari-mutuel system of wagering
943	943	2 conducted or supervised by it. The admission of any
944	944	3 unaccompanied minor, other than an employee of the licensee or
945	945	4 an owner, trainer, jockey, driver, or employee thereof at a
946	946	5 race track is a Class C misdemeanor.
947	947	6 (f) Notwithstanding the other provisions of this Act, an
948	948	7 organization licensee may contract with an entity in another
949	949	8 state or country to permit any legal wagering entity in
950	950	9 another state or country to accept wagers solely within such
951	951	10 other state or country on races conducted by the organization
952	952	11 licensee in this State. Beginning January 1, 2000, these
953	953	12 wagers shall not be subject to State taxation. Until January
954	954	13 1, 2000, when the out-of-State entity conducts a pari-mutuel
955	955	14 pool separate from the organization licensee, a privilege tax
956	956	15 equal to 7 1/2% of all monies received by the organization
957	957	16 licensee from entities in other states or countries pursuant
958	958	17 to such contracts is imposed on the organization licensee, and
959	959	18 such privilege tax shall be remitted to the Department of
960	960	19 Revenue within 48 hours of receipt of the moneys from the
961	961	20 simulcast. When the out-of-State entity conducts a combined
962	962	21 pari-mutuel pool with the organization licensee, the tax shall
963	963	22 be 10% of all monies received by the organization licensee
964	964	23 with 25% of the receipts from this 10% tax to be distributed to
965	965	24 the county in which the race was conducted.
966	966	25 An organization licensee may permit one or more of its
967	967	26 races to be utilized for pari-mutuel wagering at one or more
968	968
969	969
970	970
971	971
972	972
973	973	HB1852 - 26 - LRB104 09431 LNS 19491 b
974	974
975	975
976	976	HB1852- 27 -LRB104 09431 LNS 19491 b HB1852 - 27 - LRB104 09431 LNS 19491 b
977	977	HB1852 - 27 - LRB104 09431 LNS 19491 b
978	978	1 locations in other states and may transmit audio and visual
979	979	2 signals of races the organization licensee conducts to one or
980	980	3 more locations outside the State or country and may also
981	981	4 permit pari-mutuel pools in other states or countries to be
982	982	5 combined with its gross or net wagering pools or with wagering
983	983	6 pools established by other states.
984	984	7 (g) A host track may accept interstate simulcast wagers on
985	985	8 horse races conducted in other states or countries and shall
986	986	9 control the number of signals and types of breeds of racing in
987	987	10 its simulcast program, subject to the disapproval of the
988	988	11 Board. The Board may prohibit a simulcast program only if it
989	989	12 finds that the simulcast program is clearly adverse to the
990	990	13 integrity of racing. The host track simulcast program shall
991	991	14 include the signal of live racing of all organization
992	992	15 licensees. All non-host licensees and advance deposit wagering
993	993	16 licensees shall carry the signal of and accept wagers on live
994	994	17 racing of all organization licensees. Advance deposit wagering
995	995	18 licensees shall not be permitted to accept out-of-state wagers
996	996	19 on any Illinois signal provided pursuant to this Section
997	997	20 without the approval and consent of the organization licensee
998	998	21 providing the signal. For one year after August 15, 2014 (the
999	999	22 effective date of Public Act 98-968), non-host licensees may
1000	1000	23 carry the host track simulcast program and shall accept wagers
1001	1001	24 on all races included as part of the simulcast program of horse
1002	1002	25 races conducted at race tracks located within North America
1003	1003	26 upon which wagering is permitted. For a period of one year
1004	1004
1005	1005
1006	1006
1007	1007
1008	1008
1009	1009	HB1852 - 27 - LRB104 09431 LNS 19491 b
1010	1010
1011	1011
1012	1012	HB1852- 28 -LRB104 09431 LNS 19491 b HB1852 - 28 - LRB104 09431 LNS 19491 b
1013	1013	HB1852 - 28 - LRB104 09431 LNS 19491 b
1014	1014	1 after August 15, 2014 (the effective date of Public Act
1015	1015	2 98-968), on horse races conducted at race tracks located
1016	1016	3 outside of North America, non-host licensees may accept wagers
1017	1017	4 on all races included as part of the simulcast program upon
1018	1018	5 which wagering is permitted. Beginning August 15, 2015 (one
1019	1019	6 year after the effective date of Public Act 98-968), non-host
1020	1020	7 licensees may carry the host track simulcast program and shall
1021	1021	8 accept wagers on all races included as part of the simulcast
1022	1022	9 program upon which wagering is permitted. All organization
1023	1023	10 licensees shall provide their live signal to all advance
1024	1024	11 deposit wagering licensees for a simulcast commission fee not
1025	1025	12 to exceed 6% of the advance deposit wagering licensee's
1026	1026	13 Illinois handle on the organization licensee's signal without
1027	1027	14 prior approval by the Board. The Board may adopt rules under
1028	1028	15 which it may permit simulcast commission fees in excess of 6%.
1029	1029	16 The Board shall adopt rules limiting the interstate commission
1030	1030	17 fees charged to an advance deposit wagering licensee. The
1031	1031	18 Board shall adopt rules regarding advance deposit wagering on
1032	1032	19 interstate simulcast races that shall reflect, among other
1033	1033	20 things, the General Assembly's desire to maximize revenues to
1034	1034	21 the State, horsemen purses, and organization licensees.
1035	1035	22 However, organization licensees providing live signals
1036	1036	23 pursuant to the requirements of this subsection (g) may
1037	1037	24 petition the Board to withhold their live signals from an
1038	1038	25 advance deposit wagering licensee if the organization licensee
1039	1039	26 discovers and the Board finds reputable or credible
1040	1040
1041	1041
1042	1042
1043	1043
1044	1044
1045	1045	HB1852 - 28 - LRB104 09431 LNS 19491 b
1046	1046
1047	1047
1048	1048	HB1852- 29 -LRB104 09431 LNS 19491 b HB1852 - 29 - LRB104 09431 LNS 19491 b
1049	1049	HB1852 - 29 - LRB104 09431 LNS 19491 b
1050	1050	1 information that the advance deposit wagering licensee is
1051	1051	2 under investigation by another state or federal governmental
1052	1052	3 agency, the advance deposit wagering licensee's license has
1053	1053	4 been suspended in another state, or the advance deposit
1054	1054	5 wagering licensee's license is in revocation proceedings in
1055	1055	6 another state. The organization licensee's provision of their
1056	1056	7 live signal to an advance deposit wagering licensee under this
1057	1057	8 subsection (g) pertains to wagers placed from within Illinois.
1058	1058	9 Advance deposit wagering licensees may place advance deposit
1059	1059	10 wagering terminals at wagering facilities as a convenience to
1060	1060	11 customers. The advance deposit wagering licensee shall not
1061	1061	12 charge or collect any fee from purses for the placement of the
1062	1062	13 advance deposit wagering terminals. The costs and expenses of
1063	1063	14 the host track and non-host licensees associated with
1064	1064	15 interstate simulcast wagering, other than the interstate
1065	1065	16 commission fee, shall be borne by the host track and all
1066	1066	17 non-host licensees incurring these costs. The interstate
1067	1067	18 commission fee shall not exceed 5% of Illinois handle on the
1068	1068	19 interstate simulcast race or races without prior approval of
1069	1069	20 the Board. The Board shall promulgate rules under which it may
1070	1070	21 permit interstate commission fees in excess of 5%. The
1071	1071	22 interstate commission fee and other fees charged by the
1072	1072	23 sending racetrack, including, but not limited to, satellite
1073	1073	24 decoder fees, shall be uniformly applied to the host track and
1074	1074	25 all non-host licensees.
1075	1075	26 Notwithstanding any other provision of this Act, an
1076	1076
1077	1077
1078	1078
1079	1079
1080	1080
1081	1081	HB1852 - 29 - LRB104 09431 LNS 19491 b
1082	1082
1083	1083
1084	1084	HB1852- 30 -LRB104 09431 LNS 19491 b HB1852 - 30 - LRB104 09431 LNS 19491 b
1085	1085	HB1852 - 30 - LRB104 09431 LNS 19491 b
1086	1086	1 organization licensee, with the consent of the horsemen
1087	1087	2 association representing the largest number of owners,
1088	1088	3 trainers, jockeys, or standardbred drivers who race horses at
1089	1089	4 that organization licensee's racing meeting, may maintain a
1090	1090	5 system whereby advance deposit wagering may take place or an
1091	1091	6 organization licensee, with the consent of the horsemen
1092	1092	7 association representing the largest number of owners,
1093	1093	8 trainers, jockeys, or standardbred drivers who race horses at
1094	1094	9 that organization licensee's racing meeting, may contract with
1095	1095	10 another person to carry out a system of advance deposit
1096	1096	11 wagering. Such consent may not be unreasonably withheld. Only
1097	1097	12 with respect to an appeal to the Board that consent for an
1098	1098	13 organization licensee that maintains its own advance deposit
1099	1099	14 wagering system is being unreasonably withheld, the Board
1100	1100	15 shall issue a final order within 30 days after initiation of
1101	1101	16 the appeal, and the organization licensee's advance deposit
1102	1102	17 wagering system may remain operational during that 30-day
1103	1103	18 period. The actions of any organization licensee who conducts
1104	1104	19 advance deposit wagering or any person who has a contract with
1105	1105	20 an organization licensee to conduct advance deposit wagering
1106	1106	21 who conducts advance deposit wagering on or after January 1,
1107	1107	22 2013 and prior to June 7, 2013 (the effective date of Public
1108	1108	23 Act 98-18) taken in reliance on the changes made to this
1109	1109	24 subsection (g) by Public Act 98-18 are hereby validated,
1110	1110	25 provided payment of all applicable pari-mutuel taxes are
1111	1111	26 remitted to the Board. All advance deposit wagers placed from
1112	1112
1113	1113
1114	1114
1115	1115
1116	1116
1117	1117	HB1852 - 30 - LRB104 09431 LNS 19491 b
1118	1118
1119	1119
1120	1120	HB1852- 31 -LRB104 09431 LNS 19491 b HB1852 - 31 - LRB104 09431 LNS 19491 b
1121	1121	HB1852 - 31 - LRB104 09431 LNS 19491 b
1122	1122	1 within Illinois must be placed through a Board-approved
1123	1123	2 advance deposit wagering licensee; no other entity may accept
1124	1124	3 an advance deposit wager from a person within Illinois. All
1125	1125	4 advance deposit wagering is subject to any rules adopted by
1126	1126	5 the Board. The Board may adopt rules necessary to regulate
1127	1127	6 advance deposit wagering through the use of emergency
1128	1128	7 rulemaking in accordance with Section 5-45 of the Illinois
1129	1129	8 Administrative Procedure Act. The General Assembly finds that
1130	1130	9 the adoption of rules to regulate advance deposit wagering is
1131	1131	10 deemed an emergency and necessary for the public interest,
1132	1132	11 safety, and welfare. An advance deposit wagering licensee may
1133	1133	12 retain all moneys as agreed to by contract with an
1134	1134	13 organization licensee. Any moneys retained by the organization
1135	1135	14 licensee from advance deposit wagering, not including moneys
1136	1136	15 retained by the advance deposit wagering licensee, shall be
1137	1137	16 paid 50% to the organization licensee's purse account and 50%
1138	1138	17 to the organization licensee. With the exception of any
1139	1139	18 organization licensee that is owned by a publicly traded
1140	1140	19 company that is incorporated in a state other than Illinois
1141	1141	20 and advance deposit wagering licensees under contract with
1142	1142	21 such organization licensees, organization licensees that
1143	1143	22 maintain advance deposit wagering systems and advance deposit
1144	1144	23 wagering licensees that contract with organization licensees
1145	1145	24 shall provide sufficiently detailed monthly accountings to the
1146	1146	25 horsemen association representing the largest number of
1147	1147	26 owners, trainers, jockeys, or standardbred drivers who race
1148	1148
1149	1149
1150	1150
1151	1151
1152	1152
1153	1153	HB1852 - 31 - LRB104 09431 LNS 19491 b
1154	1154
1155	1155
1156	1156	HB1852- 32 -LRB104 09431 LNS 19491 b HB1852 - 32 - LRB104 09431 LNS 19491 b
1157	1157	HB1852 - 32 - LRB104 09431 LNS 19491 b
1158	1158	1 horses at that organization licensee's racing meeting so that
1159	1159	2 the horsemen association, as an interested party, can confirm
1160	1160	3 the accuracy of the amounts paid to the purse account at the
1161	1161	4 horsemen association's affiliated organization licensee from
1162	1162	5 advance deposit wagering. If more than one breed races at the
1163	1163	6 same race track facility, then the 50% of the moneys to be paid
1164	1164	7 to an organization licensee's purse account shall be allocated
1165	1165	8 among all organization licensees' purse accounts operating at
1166	1166	9 that race track facility proportionately based on the actual
1167	1167	10 number of host days that the Board grants to that breed at that
1168	1168	11 race track facility in the current calendar year. To the
1169	1169	12 extent any fees from advance deposit wagering conducted in
1170	1170	13 Illinois for wagers in Illinois or other states have been
1171	1171	14 placed in escrow or otherwise withheld from wagers pending a
1172	1172	15 determination of the legality of advance deposit wagering, no
1173	1173	16 action shall be brought to declare such wagers or the
1174	1174	17 disbursement of any fees previously escrowed illegal.
1175	1175	18 (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
1176	1176	19 inter-track wagering licensee other than the host track
1177	1177	20 may supplement the host track simulcast program with
1178	1178	21 additional simulcast races or race programs, provided that
1179	1179	22 between January 1 and the third Friday in February of any
1180	1180	23 year, inclusive, if no live thoroughbred racing is
1181	1181	24 occurring in Illinois during this period, only
1182	1182	25 thoroughbred races may be used for supplemental interstate
1183	1183	26 simulcast purposes. The Board shall withhold approval for
1184	1184
1185	1185
1186	1186
1187	1187
1188	1188
1189	1189	HB1852 - 32 - LRB104 09431 LNS 19491 b
1190	1190
1191	1191
1192	1192	HB1852- 33 -LRB104 09431 LNS 19491 b HB1852 - 33 - LRB104 09431 LNS 19491 b
1193	1193	HB1852 - 33 - LRB104 09431 LNS 19491 b
1194	1194	1 a supplemental interstate simulcast only if it finds that
1195	1195	2 the simulcast is clearly adverse to the integrity of
1196	1196	3 racing. A supplemental interstate simulcast may be
1197	1197	4 transmitted from an inter-track wagering licensee to its
1198	1198	5 affiliated non-host licensees. The interstate commission
1199	1199	6 fee for a supplemental interstate simulcast shall be paid
1200	1200	7 by the non-host licensee and its affiliated non-host
1201	1201	8 licensees receiving the simulcast.
1202	1202	9 (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
1203	1203	10 inter-track wagering licensee other than the host track
1204	1204	11 may receive supplemental interstate simulcasts only with
1205	1205	12 the consent of the host track, except when the Board finds
1206	1206	13 that the simulcast is clearly adverse to the integrity of
1207	1207	14 racing. Consent granted under this paragraph (2) to any
1208	1208	15 inter-track wagering licensee shall be deemed consent to
1209	1209	16 all non-host licensees. The interstate commission fee for
1210	1210	17 the supplemental interstate simulcast shall be paid by all
1211	1211	18 participating non-host licensees.
1212	1212	19 (3) Each licensee conducting interstate simulcast
1213	1213	20 wagering may retain, subject to the payment of all
1214	1214	21 applicable taxes and the purses, an amount not to exceed
1215	1215	22 17% of all money wagered. If any licensee conducts the
1216	1216	23 pari-mutuel system wagering on races conducted at
1217	1217	24 racetracks in another state or country, each such race or
1218	1218	25 race program shall be considered a separate racing day for
1219	1219	26 the purpose of determining the daily handle and computing
1220	1220
1221	1221
1222	1222
1223	1223
1224	1224
1225	1225	HB1852 - 33 - LRB104 09431 LNS 19491 b
1226	1226
1227	1227
1228	1228	HB1852- 34 -LRB104 09431 LNS 19491 b HB1852 - 34 - LRB104 09431 LNS 19491 b
1229	1229	HB1852 - 34 - LRB104 09431 LNS 19491 b
1230	1230	1 the privilege tax of that daily handle as provided in
1231	1231	2 subsection (a) of Section 27. Until January 1, 2000, from
1232	1232	3 the sums permitted to be retained pursuant to this
1233	1233	4 subsection, each inter-track wagering location licensee
1234	1234	5 shall pay 1% of the pari-mutuel handle wagered on
1235	1235	6 simulcast wagering to the Horse Racing Tax Allocation
1236	1236	7 Fund, subject to the provisions of subparagraph (B) of
1237	1237	8 paragraph (11) of subsection (h) of Section 26 of this
1238	1238	9 Act.
1239	1239	10 (4) A licensee who receives an interstate simulcast
1240	1240	11 may combine its gross or net pools with pools at the
1241	1241	12 sending racetracks pursuant to rules established by the
1242	1242	13 Board. All licensees combining their gross pools at a
1243	1243	14 sending racetrack shall adopt the takeout percentages of
1244	1244	15 the sending racetrack. A licensee may also establish a
1245	1245	16 separate pool and takeout structure for wagering purposes
1246	1246	17 on races conducted at race tracks outside of the State of
1247	1247	18 Illinois. The licensee may permit pari-mutuel wagers
1248	1248	19 placed in other states or countries to be combined with
1249	1249	20 its gross or net wagering pools or other wagering pools.
1250	1250	21 (5) After the payment of the interstate commission fee
1251	1251	22 (except for the interstate commission fee on a
1252	1252	23 supplemental interstate simulcast, which shall be paid by
1253	1253	24 the host track and by each non-host licensee through the
1254	1254	25 host track) and all applicable State and local taxes,
1255	1255	26 except as provided in subsection (g) of Section 27 of this
1256	1256
1257	1257
1258	1258
1259	1259
1260	1260
1261	1261	HB1852 - 34 - LRB104 09431 LNS 19491 b
1262	1262
1263	1263
1264	1264	HB1852- 35 -LRB104 09431 LNS 19491 b HB1852 - 35 - LRB104 09431 LNS 19491 b
1265	1265	HB1852 - 35 - LRB104 09431 LNS 19491 b
1266	1266	1 Act, the remainder of moneys retained from simulcast
1267	1267	2 wagering pursuant to this subsection (g), and Section 26.2
1268	1268	3 shall be divided as follows:
1269	1269	4 (A) For interstate simulcast wagers made at a host
1270	1270	5 track, 50% to the host track and 50% to purses at the
1271	1271	6 host track.
1272	1272	7 (B) For wagers placed on interstate simulcast
1273	1273	8 races, supplemental simulcasts as defined in
1274	1274	9 subparagraphs (1) and (2), and separately pooled races
1275	1275	10 conducted outside of the State of Illinois made at a
1276	1276	11 non-host licensee, 25% to the host track, 25% to the
1277	1277	12 non-host licensee, and 50% to the purses at the host
1278	1278	13 track.
1279	1279	14 (6) Notwithstanding any provision in this Act to the
1280	1280	15 contrary, non-host licensees who derive their licenses
1281	1281	16 from a track located in a county with a population in
1282	1282	17 excess of 230,000 and that borders the Mississippi River
1283	1283	18 may receive supplemental interstate simulcast races at all
1284	1284	19 times subject to Board approval, which shall be withheld
1285	1285	20 only upon a finding that a supplemental interstate
1286	1286	21 simulcast is clearly adverse to the integrity of racing.
1287	1287	22 (7) Effective January 1, 2017, notwithstanding any
1288	1288	23 provision of this Act to the contrary, after payment of
1289	1289	24 all applicable State and local taxes and interstate
1290	1290	25 commission fees, non-host licensees who derive their
1291	1291	26 licenses from a track located in a county with a
1292	1292
1293	1293
1294	1294
1295	1295
1296	1296
1297	1297	HB1852 - 35 - LRB104 09431 LNS 19491 b
1298	1298
1299	1299
1300	1300	HB1852- 36 -LRB104 09431 LNS 19491 b HB1852 - 36 - LRB104 09431 LNS 19491 b
1301	1301	HB1852 - 36 - LRB104 09431 LNS 19491 b
1302	1302	1 population in excess of 230,000 and that borders the
1303	1303	2 Mississippi River shall retain 50% of the retention from
1304	1304	3 interstate simulcast wagers and shall pay 50% to purses at
1305	1305	4 the track from which the non-host licensee derives its
1306	1306	5 license.
1307	1307	6 (7.1) Notwithstanding any other provision of this Act
1308	1308	7 to the contrary, if no standardbred racing is conducted at
1309	1309	8 a racetrack located in Madison County during any calendar
1310	1310	9 year beginning on or after January 1, 2002, all moneys
1311	1311	10 derived by that racetrack from simulcast wagering and
1312	1312	11 inter-track wagering that (1) are to be used for purses
1313	1313	12 and (2) are generated between the hours of 6:30 p.m. and
1314	1314	13 6:30 a.m. during that calendar year shall be paid as
1315	1315	14 follows:
1316	1316	15 (A) If the licensee that conducts horse racing at
1317	1317	16 that racetrack requests from the Board at least as
1318	1318	17 many racing dates as were conducted in calendar year
1319	1319	18 2000, 80% shall be paid to its thoroughbred purse
1320	1320	19 account; and
1321	1321	20 (B) Twenty percent shall be deposited into the
1322	1322	21 Illinois Colt Stakes Purse Distribution Fund and shall
1323	1323	22 be paid to purses for standardbred races for Illinois
1324	1324	23 conceived and foaled horses conducted at any county
1325	1325	24 fairgrounds. The moneys deposited into the Fund
1326	1326	25 pursuant to this subparagraph (B) shall be deposited
1327	1327	26 within 2 weeks after the day they were generated,
1328	1328
1329	1329
1330	1330
1331	1331
1332	1332
1333	1333	HB1852 - 36 - LRB104 09431 LNS 19491 b
1334	1334
1335	1335
1336	1336	HB1852- 37 -LRB104 09431 LNS 19491 b HB1852 - 37 - LRB104 09431 LNS 19491 b
1337	1337	HB1852 - 37 - LRB104 09431 LNS 19491 b
1338	1338	1 shall be in addition to and not in lieu of any other
1339	1339	2 moneys paid to standardbred purses under this Act, and
1340	1340	3 shall not be commingled with other moneys paid into
1341	1341	4 that Fund. The moneys deposited pursuant to this
1342	1342	5 subparagraph (B) shall be allocated as provided by the
1343	1343	6 Department of Agriculture, with the advice and
1344	1344	7 assistance of the Illinois Standardbred Breeders Fund
1345	1345	8 Advisory Board.
1346	1346	9 (7.2) Notwithstanding any other provision of this Act
1347	1347	10 to the contrary, if no thoroughbred racing is conducted at
1348	1348	11 a racetrack located in Madison County during any calendar
1349	1349	12 year beginning on or after January 1, 2002, all moneys
1350	1350	13 derived by that racetrack from simulcast wagering and
1351	1351	14 inter-track wagering that (1) are to be used for purses
1352	1352	15 and (2) are generated between the hours of 6:30 a.m. and
1353	1353	16 6:30 p.m. during that calendar year shall be deposited as
1354	1354	17 follows:
1355	1355	18 (A) If the licensee that conducts horse racing at
1356	1356	19 that racetrack requests from the Board at least as
1357	1357	20 many racing dates as were conducted in calendar year
1358	1358	21 2000, 80% shall be deposited into its standardbred
1359	1359	22 purse account; and
1360	1360	23 (B) Twenty percent shall be deposited into the
1361	1361	24 Illinois Colt Stakes Purse Distribution Fund. Moneys
1362	1362	25 deposited into the Illinois Colt Stakes Purse
1363	1363	26 Distribution Fund pursuant to this subparagraph (B)
1364	1364
1365	1365
1366	1366
1367	1367
1368	1368
1369	1369	HB1852 - 37 - LRB104 09431 LNS 19491 b
1370	1370
1371	1371
1372	1372	HB1852- 38 -LRB104 09431 LNS 19491 b HB1852 - 38 - LRB104 09431 LNS 19491 b
1373	1373	HB1852 - 38 - LRB104 09431 LNS 19491 b
1374	1374	1 shall be paid to Illinois conceived and foaled
1375	1375	2 thoroughbred breeders' programs and to thoroughbred
1376	1376	3 purses for races conducted at any county fairgrounds
1377	1377	4 for Illinois conceived and foaled horses at the
1378	1378	5 discretion of the Department of Agriculture, with the
1379	1379	6 advice and assistance of the Illinois Thoroughbred
1380	1380	7 Breeders Fund Advisory Board. The moneys deposited
1381	1381	8 into the Illinois Colt Stakes Purse Distribution Fund
1382	1382	9 pursuant to this subparagraph (B) shall be deposited
1383	1383	10 within 2 weeks after the day they were generated,
1384	1384	11 shall be in addition to and not in lieu of any other
1385	1385	12 moneys paid to thoroughbred purses under this Act, and
1386	1386	13 shall not be commingled with other moneys deposited
1387	1387	14 into that Fund.
1388	1388	15 (8) Notwithstanding any provision in this Act to the
1389	1389	16 contrary, an organization licensee from a track located in
1390	1390	17 a county with a population in excess of 230,000 and that
1391	1391	18 borders the Mississippi River and its affiliated non-host
1392	1392	19 licensees shall not be entitled to share in any retention
1393	1393	20 generated on racing, inter-track wagering, or simulcast
1394	1394	21 wagering at any other Illinois wagering facility.
1395	1395	22 (8.1) Notwithstanding any provisions in this Act to
1396	1396	23 the contrary, if 2 organization licensees are conducting
1397	1397	24 standardbred race meetings concurrently between the hours
1398	1398	25 of 6:30 p.m. and 6:30 a.m., after payment of all
1399	1399	26 applicable State and local taxes and interstate commission
1400	1400
1401	1401
1402	1402
1403	1403
1404	1404
1405	1405	HB1852 - 38 - LRB104 09431 LNS 19491 b
1406	1406
1407	1407
1408	1408	HB1852- 39 -LRB104 09431 LNS 19491 b HB1852 - 39 - LRB104 09431 LNS 19491 b
1409	1409	HB1852 - 39 - LRB104 09431 LNS 19491 b
1410	1410	1 fees, the remainder of the amount retained from simulcast
1411	1411	2 wagering otherwise attributable to the host track and to
1412	1412	3 host track purses shall be split daily between the 2
1413	1413	4 organization licensees and the purses at the tracks of the
1414	1414	5 2 organization licensees, respectively, based on each
1415	1415	6 organization licensee's share of the total live handle for
1416	1416	7 that day, provided that this provision shall not apply to
1417	1417	8 any non-host licensee that derives its license from a
1418	1418	9 track located in a county with a population in excess of
1419	1419	10 230,000 and that borders the Mississippi River.
1420	1420	11 (9) (Blank).
1421	1421	12 (10) (Blank).
1422	1422	13 (11) (Blank).
1423	1423	14 (12) The Board shall have authority to compel all host
1424	1424	15 tracks to receive the simulcast of any or all races
1425	1425	16 conducted at the Springfield or DuQuoin State fairgrounds
1426	1426	17 and include all such races as part of their simulcast
1427	1427	18 programs.
1428	1428	19 (13) Notwithstanding any other provision of this Act,
1429	1429	20 in the event that the total Illinois pari-mutuel handle on
1430	1430	21 Illinois horse races at all wagering facilities in any
1431	1431	22 calendar year is less than 75% of the total Illinois
1432	1432	23 pari-mutuel handle on Illinois horse races at all such
1433	1433	24 wagering facilities for calendar year 1994, then each
1434	1434	25 wagering facility that has an annual total Illinois
1435	1435	26 pari-mutuel handle on Illinois horse races that is less
1436	1436
1437	1437
1438	1438
1439	1439
1440	1440
1441	1441	HB1852 - 39 - LRB104 09431 LNS 19491 b
1442	1442
1443	1443
1444	1444	HB1852- 40 -LRB104 09431 LNS 19491 b HB1852 - 40 - LRB104 09431 LNS 19491 b
1445	1445	HB1852 - 40 - LRB104 09431 LNS 19491 b
1446	1446	1 than 75% of the total Illinois pari-mutuel handle on
1447	1447	2 Illinois horse races at such wagering facility for
1448	1448	3 calendar year 1994, shall be permitted to receive, from
1449	1449	4 any amount otherwise payable to the purse account at the
1450	1450	5 race track with which the wagering facility is affiliated
1451	1451	6 in the succeeding calendar year, an amount equal to 2% of
1452	1452	7 the differential in total Illinois pari-mutuel handle on
1453	1453	8 Illinois horse races at the wagering facility between that
1454	1454	9 calendar year in question and 1994 provided, however, that
1455	1455	10 a wagering facility shall not be entitled to any such
1456	1456	11 payment until the Board certifies in writing to the
1457	1457	12 wagering facility the amount to which the wagering
1458	1458	13 facility is entitled and a schedule for payment of the
1459	1459	14 amount to the wagering facility, based on: (i) the racing
1460	1460	15 dates awarded to the race track affiliated with the
1461	1461	16 wagering facility during the succeeding year; (ii) the
1462	1462	17 sums available or anticipated to be available in the purse
1463	1463	18 account of the race track affiliated with the wagering
1464	1464	19 facility for purses during the succeeding year; and (iii)
1465	1465	20 the need to ensure reasonable purse levels during the
1466	1466	21 payment period. The Board's certification shall be
1467	1467	22 provided no later than January 31 of the succeeding year.
1468	1468	23 In the event a wagering facility entitled to a payment
1469	1469	24 under this paragraph (13) is affiliated with a race track
1470	1470	25 that maintains purse accounts for both standardbred and
1471	1471	26 thoroughbred racing, the amount to be paid to the wagering
1472	1472
1473	1473
1474	1474
1475	1475
1476	1476
1477	1477	HB1852 - 40 - LRB104 09431 LNS 19491 b
1478	1478
1479	1479
1480	1480	HB1852- 41 -LRB104 09431 LNS 19491 b HB1852 - 41 - LRB104 09431 LNS 19491 b
1481	1481	HB1852 - 41 - LRB104 09431 LNS 19491 b
1482	1482	1 facility shall be divided between each purse account pro
1483	1483	2 rata, based on the amount of Illinois handle on Illinois
1484	1484	3 standardbred and thoroughbred racing respectively at the
1485	1485	4 wagering facility during the previous calendar year.
1486	1486	5 Annually, the General Assembly shall appropriate
1487	1487	6 sufficient funds from the General Revenue Fund to the
1488	1488	7 Department of Agriculture for payment into the
1489	1489	8 thoroughbred and standardbred horse racing purse accounts
1490	1490	9 at Illinois pari-mutuel tracks. The amount paid to each
1491	1491	10 purse account shall be the amount certified by the
1492	1492	11 Illinois Racing Board in January to be transferred from
1493	1493	12 each account to each eligible racing facility in
1494	1494	13 accordance with the provisions of this Section. Beginning
1495	1495	14 in the calendar year in which an organization licensee
1496	1496	15 that is eligible to receive payment under this paragraph
1497	1497	16 (13) begins to receive funds from gaming pursuant to an
1498	1498	17 organization gaming license issued under the Illinois
1499	1499	18 Gambling Act, the amount of the payment due to all
1500	1500	19 wagering facilities licensed under that organization
1501	1501	20 licensee under this paragraph (13) shall be the amount
1502	1502	21 certified by the Board in January of that year. An
1503	1503	22 organization licensee and its related wagering facilities
1504	1504	23 shall no longer be able to receive payments under this
1505	1505	24 paragraph (13) beginning in the year subsequent to the
1506	1506	25 first year in which the organization licensee begins to
1507	1507	26 receive funds from gaming pursuant to an organization
1508	1508
1509	1509
1510	1510
1511	1511
1512	1512
1513	1513	HB1852 - 41 - LRB104 09431 LNS 19491 b
1514	1514
1515	1515
1516	1516	HB1852- 42 -LRB104 09431 LNS 19491 b HB1852 - 42 - LRB104 09431 LNS 19491 b
1517	1517	HB1852 - 42 - LRB104 09431 LNS 19491 b
1518	1518	1 gaming license issued under the Illinois Gambling Act.
1519	1519	2 (h) The Board may approve and license the conduct of
1520	1520	3 inter-track wagering and simulcast wagering by inter-track
1521	1521	4 wagering licensees and inter-track wagering location licensees
1522	1522	5 subject to the following terms and conditions:
1523	1523	6 (1) Any person licensed to conduct a race meeting (i)
1524	1524	7 at a track where 60 or more days of racing were conducted
1525	1525	8 during the immediately preceding calendar year or where
1526	1526	9 over the 5 immediately preceding calendar years an average
1527	1527	10 of 30 or more days of racing were conducted annually may be
1528	1528	11 issued an inter-track wagering license; (ii) at a track
1529	1529	12 located in a county that is bounded by the Mississippi
1530	1530	13 River, which has a population of less than 150,000
1531	1531	14 according to the 1990 decennial census, and an average of
1532	1532	15 at least 60 days of racing per year between 1985 and 1993
1533	1533	16 may be issued an inter-track wagering license; (iii) at a
1534	1534	17 track awarded standardbred racing dates; or (iv) at a
1535	1535	18 track located in Madison County that conducted at least
1536	1536	19 100 days of live racing during the immediately preceding
1537	1537	20 calendar year may be issued an inter-track wagering
1538	1538	21 license, unless a lesser schedule of live racing is the
1539	1539	22 result of (A) weather, unsafe track conditions, or other
1540	1540	23 acts of God; (B) an agreement between the organization
1541	1541	24 licensee and the associations representing the largest
1542	1542	25 number of owners, trainers, jockeys, or standardbred
1543	1543	26 drivers who race horses at that organization licensee's
1544	1544
1545	1545
1546	1546
1547	1547
1548	1548
1549	1549	HB1852 - 42 - LRB104 09431 LNS 19491 b
1550	1550
1551	1551
1552	1552	HB1852- 43 -LRB104 09431 LNS 19491 b HB1852 - 43 - LRB104 09431 LNS 19491 b
1553	1553	HB1852 - 43 - LRB104 09431 LNS 19491 b
1554	1554	1 racing meeting; or (C) a finding by the Board of
1555	1555	2 extraordinary circumstances and that it was in the best
1556	1556	3 interest of the public and the sport to conduct fewer than
1557	1557	4 100 days of live racing. Any such person having operating
1558	1558	5 control of the racing facility may receive inter-track
1559	1559	6 wagering location licenses. An eligible race track located
1560	1560	7 in a county that has a population of more than 230,000 and
1561	1561	8 that is bounded by the Mississippi River may establish up
1562	1562	9 to 18 9 inter-track wagering locations, an eligible race
1563	1563	10 track located in Stickney Township in Cook County may
1564	1564	11 establish up to 16 inter-track wagering locations, and an
1565	1565	12 eligible race track located in Palatine Township in Cook
1566	1566	13 County may establish up to 18 inter-track wagering
1567	1567	14 locations. An eligible racetrack conducting standardbred
1568	1568	15 racing may have up to 16 inter-track wagering locations.
1569	1569	16 An application for said license shall be filed with the
1570	1570	17 Board prior to such dates as may be fixed by the Board.
1571	1571	18 With an application for an inter-track wagering location
1572	1572	19 license there shall be delivered to the Board a certified
1573	1573	20 check or bank draft payable to the order of the Board for
1574	1574	21 an amount equal to $500. The application shall be on forms
1575	1575	22 prescribed and furnished by the Board. The application
1576	1576	23 shall comply with all other rules, regulations and
1577	1577	24 conditions imposed by the Board in connection therewith.
1578	1578	25 (2) The Board shall examine the applications with
1579	1579	26 respect to their conformity with this Act and the rules
1580	1580
1581	1581
1582	1582
1583	1583
1584	1584
1585	1585	HB1852 - 43 - LRB104 09431 LNS 19491 b
1586	1586
1587	1587
1588	1588	HB1852- 44 -LRB104 09431 LNS 19491 b HB1852 - 44 - LRB104 09431 LNS 19491 b
1589	1589	HB1852 - 44 - LRB104 09431 LNS 19491 b
1590	1590	1 and regulations imposed by the Board. If found to be in
1591	1591	2 compliance with the Act and rules and regulations of the
1592	1592	3 Board, the Board may then issue a license to conduct
1593	1593	4 inter-track wagering and simulcast wagering to such
1594	1594	5 applicant. All such applications shall be acted upon by
1595	1595	6 the Board at a meeting to be held on such date as may be
1596	1596	7 fixed by the Board.
1597	1597	8 (3) In granting licenses to conduct inter-track
1598	1598	9 wagering and simulcast wagering, the Board shall give due
1599	1599	10 consideration to the best interests of the public, of
1600	1600	11 horse racing, and of maximizing revenue to the State.
1601	1601	12 (4) Prior to the issuance of a license to conduct
1602	1602	13 inter-track wagering and simulcast wagering, the applicant
1603	1603	14 shall file with the Board a bond payable to the State of
1604	1604	15 Illinois in the sum of $50,000, executed by the applicant
1605	1605	16 and a surety company or companies authorized to do
1606	1606	17 business in this State, and conditioned upon (i) the
1607	1607	18 payment by the licensee of all taxes due under Section 27
1608	1608	19 or 27.1 and any other monies due and payable under this
1609	1609	20 Act, and (ii) distribution by the licensee, upon
1610	1610	21 presentation of the winning ticket or tickets, of all sums
1611	1611	22 payable to the patrons of pari-mutuel pools.
1612	1612	23 (5) Each license to conduct inter-track wagering and
1613	1613	24 simulcast wagering shall specify the person to whom it is
1614	1614	25 issued, the dates on which such wagering is permitted, and
1615	1615	26 the track or location where the wagering is to be
1616	1616
1617	1617
1618	1618
1619	1619
1620	1620
1621	1621	HB1852 - 44 - LRB104 09431 LNS 19491 b
1622	1622
1623	1623
1624	1624	HB1852- 45 -LRB104 09431 LNS 19491 b HB1852 - 45 - LRB104 09431 LNS 19491 b
1625	1625	HB1852 - 45 - LRB104 09431 LNS 19491 b
1626	1626	1 conducted.
1627	1627	2 (6) All wagering under such license is subject to this
1628	1628	3 Act and to the rules and regulations from time to time
1629	1629	4 prescribed by the Board, and every such license issued by
1630	1630	5 the Board shall contain a recital to that effect.
1631	1631	6 (7) An inter-track wagering licensee or inter-track
1632	1632	7 wagering location licensee may accept wagers at the track
1633	1633	8 or location where it is licensed, or as otherwise provided
1634	1634	9 under this Act.
1635	1635	10 (8) Inter-track wagering or simulcast wagering shall
1636	1636	11 not be conducted at any track less than 4 miles from a
1637	1637	12 track at which a racing meeting is in progress.
1638	1638	13 (8.1) Inter-track wagering location licensees who
1639	1639	14 derive their licenses from a particular organization
1640	1640	15 licensee shall conduct inter-track wagering and simulcast
1641	1641	16 wagering only at locations not otherwise prohibited by
1642	1642	17 law. that are within 160 miles of that race track where the
1643	1643	18 particular organization licensee is licensed to conduct
1644	1644	19 racing. However, inter-track wagering and simulcast
1645	1645	20 wagering shall not be conducted by those licensees at any
1646	1646	21 location within 5 miles of any race track at which a horse
1647	1647	22 race meeting has been licensed in the current year, unless
1648	1648	23 the person having operating control of such race track has
1649	1649	24 given its written consent to such inter-track wagering
1650	1650	25 location licensees, which consent must be filed with the
1651	1651	26 Board at or prior to the time application is made. In the
1652	1652
1653	1653
1654	1654
1655	1655
1656	1656
1657	1657	HB1852 - 45 - LRB104 09431 LNS 19491 b
1658	1658
1659	1659
1660	1660	HB1852- 46 -LRB104 09431 LNS 19491 b HB1852 - 46 - LRB104 09431 LNS 19491 b
1661	1661	HB1852 - 46 - LRB104 09431 LNS 19491 b
1662	1662	1 case of any inter-track wagering location licensee
1663	1663	2 initially licensed after December 31, 2013, inter-track
1664	1664	3 wagering and simulcast wagering shall not be conducted by
1665	1665	4 those inter-track wagering location licensees that are
1666	1666	5 located outside the City of Chicago at any location within
1667	1667	6 8 miles of any race track at which a horse race meeting has
1668	1668	7 been licensed in the current year, unless the person
1669	1669	8 having operating control of such race track has given its
1670	1670	9 written consent to such inter-track wagering location
1671	1671	10 licensees, which consent must be filed with the Board at
1672	1672	11 or prior to the time application is made.
1673	1673	12 (8.2) Inter-track wagering or simulcast wagering shall
1674	1674	13 not be conducted by an inter-track wagering location
1675	1675	14 licensee at any location within 100 feet of an existing
1676	1676	15 church, an existing elementary or secondary public school,
1677	1677	16 or an existing elementary or secondary private school
1678	1678	17 registered with or recognized by the State Board of
1679	1679	18 Education. The distance of 100 feet shall be measured to
1680	1680	19 the nearest part of any building used for worship
1681	1681	20 services, education programs, or conducting inter-track
1682	1682	21 wagering by an inter-track wagering location licensee, and
1683	1683	22 not to property boundaries. However, inter-track wagering
1684	1684	23 or simulcast wagering may be conducted at a site within
1685	1685	24 100 feet of a church or school if such church or school has
1686	1686	25 been erected or established after the Board issues the
1687	1687	26 original inter-track wagering location license at the site
1688	1688
1689	1689
1690	1690
1691	1691
1692	1692
1693	1693	HB1852 - 46 - LRB104 09431 LNS 19491 b
1694	1694
1695	1695
1696	1696	HB1852- 47 -LRB104 09431 LNS 19491 b HB1852 - 47 - LRB104 09431 LNS 19491 b
1697	1697	HB1852 - 47 - LRB104 09431 LNS 19491 b
1698	1698	1 in question. Inter-track wagering location licensees may
1699	1699	2 conduct inter-track wagering and simulcast wagering only
1700	1700	3 in areas that are zoned for commercial or manufacturing
1701	1701	4 purposes or in areas for which a special use has been
1702	1702	5 approved by the local zoning authority. However, no
1703	1703	6 license to conduct inter-track wagering and simulcast
1704	1704	7 wagering shall be granted by the Board with respect to any
1705	1705	8 inter-track wagering location within the jurisdiction of
1706	1706	9 any local zoning authority which has, by ordinance or by
1707	1707	10 resolution, prohibited the establishment of an inter-track
1708	1708	11 wagering location within its jurisdiction. However,
1709	1709	12 inter-track wagering and simulcast wagering may be
1710	1710	13 conducted at a site if such ordinance or resolution is
1711	1711	14 enacted after the Board licenses the original inter-track
1712	1712	15 wagering location licensee for the site in question.
1713	1713	16 (9) (Blank).
1714	1714	17 (10) An inter-track wagering licensee or an
1715	1715	18 inter-track wagering location licensee may retain, subject
1716	1716	19 to the payment of the privilege taxes and the purses, an
1717	1717	20 amount not to exceed 17% of all money wagered. Each
1718	1718	21 program of racing conducted by each inter-track wagering
1719	1719	22 licensee or inter-track wagering location licensee shall
1720	1720	23 be considered a separate racing day for the purpose of
1721	1721	24 determining the daily handle and computing the privilege
1722	1722	25 tax or pari-mutuel tax on such daily handle as provided in
1723	1723	26 Section 27.
1724	1724
1725	1725
1726	1726
1727	1727
1728	1728
1729	1729	HB1852 - 47 - LRB104 09431 LNS 19491 b
1730	1730
1731	1731
1732	1732	HB1852- 48 -LRB104 09431 LNS 19491 b HB1852 - 48 - LRB104 09431 LNS 19491 b
1733	1733	HB1852 - 48 - LRB104 09431 LNS 19491 b
1734	1734	1 (10.1) Except as provided in subsection (g) of Section
1735	1735	2 27 of this Act, inter-track wagering location licensees
1736	1736	3 shall pay 1% of the pari-mutuel handle at each location to
1737	1737	4 the municipality in which such location is situated and 1%
1738	1738	5 of the pari-mutuel handle at each location to the county
1739	1739	6 in which such location is situated. In the event that an
1740	1740	7 inter-track wagering location licensee is situated in an
1741	1741	8 unincorporated area of a county, such licensee shall pay
1742	1742	9 2% of the pari-mutuel handle from such location to such
1743	1743	10 county. Inter-track wagering location licensees must pay
1744	1744	11 the handle percentage required under this paragraph to the
1745	1745	12 municipality and county no later than the 20th of the
1746	1746	13 month following the month such handle was generated.
1747	1747	14 (10.2) Notwithstanding any other provision of this
1748	1748	15 Act, with respect to inter-track wagering at a race track
1749	1749	16 located in a county that has a population of more than
1750	1750	17 230,000 and that is bounded by the Mississippi River ("the
1751	1751	18 first race track"), or at a facility operated by an
1752	1752	19 inter-track wagering licensee or inter-track wagering
1753	1753	20 location licensee that derives its license from the
1754	1754	21 organization licensee that operates the first race track,
1755	1755	22 on races conducted at the first race track or on races
1756	1756	23 conducted at another Illinois race track and
1757	1757	24 simultaneously televised to the first race track or to a
1758	1758	25 facility operated by an inter-track wagering licensee or
1759	1759	26 inter-track wagering location licensee that derives its
1760	1760
1761	1761
1762	1762
1763	1763
1764	1764
1765	1765	HB1852 - 48 - LRB104 09431 LNS 19491 b
1766	1766
1767	1767
1768	1768	HB1852- 49 -LRB104 09431 LNS 19491 b HB1852 - 49 - LRB104 09431 LNS 19491 b
1769	1769	HB1852 - 49 - LRB104 09431 LNS 19491 b
1770	1770	1 license from the organization licensee that operates the
1771	1771	2 first race track, those moneys shall be allocated as
1772	1772	3 follows:
1773	1773	4 (A) That portion of all moneys wagered on
1774	1774	5 standardbred racing that is required under this Act to
1775	1775	6 be paid to purses shall be paid to purses for
1776	1776	7 standardbred races.
1777	1777	8 (B) That portion of all moneys wagered on
1778	1778	9 thoroughbred racing that is required under this Act to
1779	1779	10 be paid to purses shall be paid to purses for
1780	1780	11 thoroughbred races.
1781	1781	12 (11) (A) After payment of the privilege or pari-mutuel
1782	1782	13 tax, any other applicable taxes, and the costs and
1783	1783	14 expenses in connection with the gathering, transmission,
1784	1784	15 and dissemination of all data necessary to the conduct of
1785	1785	16 inter-track wagering, the remainder of the monies retained
1786	1786	17 under either Section 26 or Section 26.2 of this Act by the
1787	1787	18 inter-track wagering licensee on inter-track wagering
1788	1788	19 shall be allocated with 50% to be split between the 2
1789	1789	20 participating licensees and 50% to purses, except that an
1790	1790	21 inter-track wagering licensee that derives its license
1791	1791	22 from a track located in a county with a population in
1792	1792	23 excess of 230,000 and that borders the Mississippi River
1793	1793	24 shall not divide any remaining retention with the Illinois
1794	1794	25 organization licensee that provides the race or races, and
1795	1795	26 an inter-track wagering licensee that accepts wagers on
1796	1796
1797	1797
1798	1798
1799	1799
1800	1800
1801	1801	HB1852 - 49 - LRB104 09431 LNS 19491 b
1802	1802
1803	1803
1804	1804	HB1852- 50 -LRB104 09431 LNS 19491 b HB1852 - 50 - LRB104 09431 LNS 19491 b
1805	1805	HB1852 - 50 - LRB104 09431 LNS 19491 b
1806	1806	1 races conducted by an organization licensee that conducts
1807	1807	2 a race meet in a county with a population in excess of
1808	1808	3 230,000 and that borders the Mississippi River shall not
1809	1809	4 divide any remaining retention with that organization
1810	1810	5 licensee.
1811	1811	6 (B) From the sums permitted to be retained pursuant to
1812	1812	7 this Act each inter-track wagering location licensee shall
1813	1813	8 pay (i) the privilege or pari-mutuel tax to the State;
1814	1814	9 (ii) 4.75% of the pari-mutuel handle on inter-track
1815	1815	10 wagering at such location on races as purses, except that
1816	1816	11 an inter-track wagering location licensee that derives its
1817	1817	12 license from a track located in a county with a population
1818	1818	13 in excess of 230,000 and that borders the Mississippi
1819	1819	14 River shall retain all purse moneys for its own purse
1820	1820	15 account consistent with distribution set forth in this
1821	1821	16 subsection (h), and inter-track wagering location
1822	1822	17 licensees that accept wagers on races conducted by an
1823	1823	18 organization licensee located in a county with a
1824	1824	19 population in excess of 230,000 and that borders the
1825	1825	20 Mississippi River shall distribute all purse moneys to
1826	1826	21 purses at the operating host track; (iii) until January 1,
1827	1827	22 2000, except as provided in subsection (g) of Section 27
1828	1828	23 of this Act, 1% of the pari-mutuel handle wagered on
1829	1829	24 inter-track wagering and simulcast wagering at each
1830	1830	25 inter-track wagering location licensee facility to the
1831	1831	26 Horse Racing Tax Allocation Fund, provided that, to the
1832	1832
1833	1833
1834	1834
1835	1835
1836	1836
1837	1837	HB1852 - 50 - LRB104 09431 LNS 19491 b
1838	1838
1839	1839
1840	1840	HB1852- 51 -LRB104 09431 LNS 19491 b HB1852 - 51 - LRB104 09431 LNS 19491 b
1841	1841	HB1852 - 51 - LRB104 09431 LNS 19491 b
1842	1842	1 extent the total amount collected and distributed to the
1843	1843	2 Horse Racing Tax Allocation Fund under this subsection (h)
1844	1844	3 during any calendar year exceeds the amount collected and
1845	1845	4 distributed to the Horse Racing Tax Allocation Fund during
1846	1846	5 calendar year 1994, that excess amount shall be
1847	1847	6 redistributed (I) to all inter-track wagering location
1848	1848	7 licensees, based on each licensee's pro rata share of the
1849	1849	8 total handle from inter-track wagering and simulcast
1850	1850	9 wagering for all inter-track wagering location licensees
1851	1851	10 during the calendar year in which this provision is
1852	1852	11 applicable; then (II) the amounts redistributed to each
1853	1853	12 inter-track wagering location licensee as described in
1854	1854	13 subpart (I) shall be further redistributed as provided in
1855	1855	14 subparagraph (B) of paragraph (5) of subsection (g) of
1856	1856	15 this Section 26 provided first, that the shares of those
1857	1857	16 amounts, which are to be redistributed to the host track
1858	1858	17 or to purses at the host track under subparagraph (B) of
1859	1859	18 paragraph (5) of subsection (g) of this Section 26 shall
1860	1860	19 be redistributed based on each host track's pro rata share
1861	1861	20 of the total inter-track wagering and simulcast wagering
1862	1862	21 handle at all host tracks during the calendar year in
1863	1863	22 question, and second, that any amounts redistributed as
1864	1864	23 described in part (I) to an inter-track wagering location
1865	1865	24 licensee that accepts wagers on races conducted by an
1866	1866	25 organization licensee that conducts a race meet in a
1867	1867	26 county with a population in excess of 230,000 and that
1868	1868
1869	1869
1870	1870
1871	1871
1872	1872
1873	1873	HB1852 - 51 - LRB104 09431 LNS 19491 b
1874	1874
1875	1875
1876	1876	HB1852- 52 -LRB104 09431 LNS 19491 b HB1852 - 52 - LRB104 09431 LNS 19491 b
1877	1877	HB1852 - 52 - LRB104 09431 LNS 19491 b
1878	1878	1 borders the Mississippi River shall be further
1879	1879	2 redistributed, effective January 1, 2017, as provided in
1880	1880	3 paragraph (7) of subsection (g) of this Section 26, with
1881	1881	4 the portion of that further redistribution allocated to
1882	1882	5 purses at that organization licensee to be divided between
1883	1883	6 standardbred purses and thoroughbred purses based on the
1884	1884	7 amounts otherwise allocated to purses at that organization
1885	1885	8 licensee during the calendar year in question; and (iv) 8%
1886	1886	9 of the pari-mutuel handle on inter-track wagering wagered
1887	1887	10 at such location to satisfy all costs and expenses of
1888	1888	11 conducting its wagering. The remainder of the monies
1889	1889	12 retained by the inter-track wagering location licensee
1890	1890	13 shall be allocated 40% to the location licensee and 60% to
1891	1891	14 the organization licensee which provides the Illinois
1892	1892	15 races to the location, except that an inter-track wagering
1893	1893	16 location licensee that derives its license from a track
1894	1894	17 located in a county with a population in excess of 230,000
1895	1895	18 and that borders the Mississippi River shall not divide
1896	1896	19 any remaining retention with the organization licensee
1897	1897	20 that provides the race or races and an inter-track
1898	1898	21 wagering location licensee that accepts wagers on races
1899	1899	22 conducted by an organization licensee that conducts a race
1900	1900	23 meet in a county with a population in excess of 230,000 and
1901	1901	24 that borders the Mississippi River shall not divide any
1902	1902	25 remaining retention with the organization licensee.
1903	1903	26 Notwithstanding the provisions of clauses (ii) and (iv) of
1904	1904
1905	1905
1906	1906
1907	1907
1908	1908
1909	1909	HB1852 - 52 - LRB104 09431 LNS 19491 b
1910	1910
1911	1911
1912	1912	HB1852- 53 -LRB104 09431 LNS 19491 b HB1852 - 53 - LRB104 09431 LNS 19491 b
1913	1913	HB1852 - 53 - LRB104 09431 LNS 19491 b
1914	1914	1 this paragraph, in the case of the additional inter-track
1915	1915	2 wagering location licenses authorized under paragraph (1)
1916	1916	3 of this subsection (h) by Public Act 87-110, those
1917	1917	4 licensees shall pay the following amounts as purses:
1918	1918	5 during the first 12 months the licensee is in operation,
1919	1919	6 5.25% of the pari-mutuel handle wagered at the location on
1920	1920	7 races; during the second 12 months, 5.25%; during the
1921	1921	8 third 12 months, 5.75%; during the fourth 12 months,
1922	1922	9 6.25%; and during the fifth 12 months and thereafter,
1923	1923	10 6.75%. The following amounts shall be retained by the
1924	1924	11 licensee to satisfy all costs and expenses of conducting
1925	1925	12 its wagering: during the first 12 months the licensee is
1926	1926	13 in operation, 8.25% of the pari-mutuel handle wagered at
1927	1927	14 the location; during the second 12 months, 8.25%; during
1928	1928	15 the third 12 months, 7.75%; during the fourth 12 months,
1929	1929	16 7.25%; and during the fifth 12 months and thereafter,
1930	1930	17 6.75%. For additional inter-track wagering location
1931	1931	18 licensees authorized under Public Act 89-16, purses for
1932	1932	19 the first 12 months the licensee is in operation shall be
1933	1933	20 5.75% of the pari-mutuel wagered at the location, purses
1934	1934	21 for the second 12 months the licensee is in operation
1935	1935	22 shall be 6.25%, and purses thereafter shall be 6.75%. For
1936	1936	23 additional inter-track location licensees authorized under
1937	1937	24 Public Act 89-16, the licensee shall be allowed to retain
1938	1938	25 to satisfy all costs and expenses: 7.75% of the
1939	1939	26 pari-mutuel handle wagered at the location during its
1940	1940
1941	1941
1942	1942
1943	1943
1944	1944
1945	1945	HB1852 - 53 - LRB104 09431 LNS 19491 b
1946	1946
1947	1947
1948	1948	HB1852- 54 -LRB104 09431 LNS 19491 b HB1852 - 54 - LRB104 09431 LNS 19491 b
1949	1949	HB1852 - 54 - LRB104 09431 LNS 19491 b
1950	1950	1 first 12 months of operation, 7.25% during its second 12
1951	1951	2 months of operation, and 6.75% thereafter.
1952	1952	3 (C) There is hereby created the Horse Racing Tax
1953	1953	4 Allocation Fund which shall remain in existence until
1954	1954	5 December 31, 1999. Moneys remaining in the Fund after
1955	1955	6 December 31, 1999 shall be paid into the General Revenue
1956	1956	7 Fund. Until January 1, 2000, all monies paid into the
1957	1957	8 Horse Racing Tax Allocation Fund pursuant to this
1958	1958	9 paragraph (11) by inter-track wagering location licensees
1959	1959	10 located in park districts of 500,000 population or less,
1960	1960	11 or in a municipality that is not included within any park
1961	1961	12 district but is included within a conservation district
1962	1962	13 and is the county seat of a county that (i) is contiguous
1963	1963	14 to the state of Indiana and (ii) has a 1990 population of
1964	1964	15 88,257 according to the United States Bureau of the
1965	1965	16 Census, and operating on May 1, 1994 shall be allocated by
1966	1966	17 appropriation as follows:
1967	1967	18 Two-sevenths to the Department of Agriculture.
1968	1968	19 Fifty percent of this two-sevenths shall be used to
1969	1969	20 promote the Illinois horse racing and breeding
1970	1970	21 industry, and shall be distributed by the Department
1971	1971	22 of Agriculture upon the advice of a 9-member committee
1972	1972	23 appointed by the Governor consisting of the following
1973	1973	24 members: the Director of Agriculture, who shall serve
1974	1974	25 as chairman; 2 representatives of organization
1975	1975	26 licensees conducting thoroughbred race meetings in
1976	1976
1977	1977
1978	1978
1979	1979
1980	1980
1981	1981	HB1852 - 54 - LRB104 09431 LNS 19491 b
1982	1982
1983	1983
1984	1984	HB1852- 55 -LRB104 09431 LNS 19491 b HB1852 - 55 - LRB104 09431 LNS 19491 b
1985	1985	HB1852 - 55 - LRB104 09431 LNS 19491 b
1986	1986	1 this State, recommended by those licensees; 2
1987	1987	2 representatives of organization licensees conducting
1988	1988	3 standardbred race meetings in this State, recommended
1989	1989	4 by those licensees; a representative of the Illinois
1990	1990	5 Thoroughbred Breeders and Owners Foundation,
1991	1991	6 recommended by that Foundation; a representative of
1992	1992	7 the Illinois Standardbred Owners and Breeders
1993	1993	8 Association, recommended by that Association; a
1994	1994	9 representative of the Horsemen's Benevolent and
1995	1995	10 Protective Association or any successor organization
1996	1996	11 thereto established in Illinois comprised of the
1997	1997	12 largest number of owners and trainers, recommended by
1998	1998	13 that Association or that successor organization; and a
1999	1999	14 representative of the Illinois Harness Horsemen's
2000	2000	15 Association, recommended by that Association.
2001	2001	16 Committee members shall serve for terms of 2 years,
2002	2002	17 commencing January 1 of each even-numbered year. If a
2003	2003	18 representative of any of the above-named entities has
2004	2004	19 not been recommended by January 1 of any even-numbered
2005	2005	20 year, the Governor shall appoint a committee member to
2006	2006	21 fill that position. Committee members shall receive no
2007	2007	22 compensation for their services as members but shall
2008	2008	23 be reimbursed for all actual and necessary expenses
2009	2009	24 and disbursements incurred in the performance of their
2010	2010	25 official duties. The remaining 50% of this
2011	2011	26 two-sevenths shall be distributed to county fairs for
2012	2012
2013	2013
2014	2014
2015	2015
2016	2016
2017	2017	HB1852 - 55 - LRB104 09431 LNS 19491 b
2018	2018
2019	2019
2020	2020	HB1852- 56 -LRB104 09431 LNS 19491 b HB1852 - 56 - LRB104 09431 LNS 19491 b
2021	2021	HB1852 - 56 - LRB104 09431 LNS 19491 b
2022	2022	1 premiums and rehabilitation as set forth in the
2023	2023	2 Agricultural Fair Act;
2024	2024	3 Four-sevenths to park districts or municipalities
2025	2025	4 that do not have a park district of 500,000 population
2026	2026	5 or less for museum purposes (if an inter-track
2027	2027	6 wagering location licensee is located in such a park
2028	2028	7 district) or to conservation districts for museum
2029	2029	8 purposes (if an inter-track wagering location licensee
2030	2030	9 is located in a municipality that is not included
2031	2031	10 within any park district but is included within a
2032	2032	11 conservation district and is the county seat of a
2033	2033	12 county that (i) is contiguous to the state of Indiana
2034	2034	13 and (ii) has a 1990 population of 88,257 according to
2035	2035	14 the United States Bureau of the Census, except that if
2036	2036	15 the conservation district does not maintain a museum,
2037	2037	16 the monies shall be allocated equally between the
2038	2038	17 county and the municipality in which the inter-track
2039	2039	18 wagering location licensee is located for general
2040	2040	19 purposes) or to a municipal recreation board for park
2041	2041	20 purposes (if an inter-track wagering location licensee
2042	2042	21 is located in a municipality that is not included
2043	2043	22 within any park district and park maintenance is the
2044	2044	23 function of the municipal recreation board and the
2045	2045	24 municipality has a 1990 population of 9,302 according
2046	2046	25 to the United States Bureau of the Census); provided
2047	2047	26 that the monies are distributed to each park district
2048	2048
2049	2049
2050	2050
2051	2051
2052	2052
2053	2053	HB1852 - 56 - LRB104 09431 LNS 19491 b
2054	2054
2055	2055
2056	2056	HB1852- 57 -LRB104 09431 LNS 19491 b HB1852 - 57 - LRB104 09431 LNS 19491 b
2057	2057	HB1852 - 57 - LRB104 09431 LNS 19491 b
2058	2058	1 or conservation district or municipality that does not
2059	2059	2 have a park district in an amount equal to
2060	2060	3 four-sevenths of the amount collected by each
2061	2061	4 inter-track wagering location licensee within the park
2062	2062	5 district or conservation district or municipality for
2063	2063	6 the Fund. Monies that were paid into the Horse Racing
2064	2064	7 Tax Allocation Fund before August 9, 1991 (the
2065	2065	8 effective date of Public Act 87-110) by an inter-track
2066	2066	9 wagering location licensee located in a municipality
2067	2067	10 that is not included within any park district but is
2068	2068	11 included within a conservation district as provided in
2069	2069	12 this paragraph shall, as soon as practicable after
2070	2070	13 August 9, 1991 (the effective date of Public Act
2071	2071	14 87-110), be allocated and paid to that conservation
2072	2072	15 district as provided in this paragraph. Any park
2073	2073	16 district or municipality not maintaining a museum may
2074	2074	17 deposit the monies in the corporate fund of the park
2075	2075	18 district or municipality where the inter-track
2076	2076	19 wagering location is located, to be used for general
2077	2077	20 purposes; and
2078	2078	21 One-seventh to the Agricultural Premium Fund to be
2079	2079	22 used for distribution to agricultural home economics
2080	2080	23 extension councils in accordance with "An Act in
2081	2081	24 relation to additional support and finances for the
2082	2082	25 Agricultural and Home Economic Extension Councils in
2083	2083	26 the several counties of this State and making an
2084	2084
2085	2085
2086	2086
2087	2087
2088	2088
2089	2089	HB1852 - 57 - LRB104 09431 LNS 19491 b
2090	2090
2091	2091
2092	2092	HB1852- 58 -LRB104 09431 LNS 19491 b HB1852 - 58 - LRB104 09431 LNS 19491 b
2093	2093	HB1852 - 58 - LRB104 09431 LNS 19491 b
2094	2094	1 appropriation therefor", approved July 24, 1967.
2095	2095	2 Until January 1, 2000, all other monies paid into the
2096	2096	3 Horse Racing Tax Allocation Fund pursuant to this
2097	2097	4 paragraph (11) shall be allocated by appropriation as
2098	2098	5 follows:
2099	2099	6 Two-sevenths to the Department of Agriculture.
2100	2100	7 Fifty percent of this two-sevenths shall be used to
2101	2101	8 promote the Illinois horse racing and breeding
2102	2102	9 industry, and shall be distributed by the Department
2103	2103	10 of Agriculture upon the advice of a 9-member committee
2104	2104	11 appointed by the Governor consisting of the following
2105	2105	12 members: the Director of Agriculture, who shall serve
2106	2106	13 as chairman; 2 representatives of organization
2107	2107	14 licensees conducting thoroughbred race meetings in
2108	2108	15 this State, recommended by those licensees; 2
2109	2109	16 representatives of organization licensees conducting
2110	2110	17 standardbred race meetings in this State, recommended
2111	2111	18 by those licensees; a representative of the Illinois
2112	2112	19 Thoroughbred Breeders and Owners Foundation,
2113	2113	20 recommended by that Foundation; a representative of
2114	2114	21 the Illinois Standardbred Owners and Breeders
2115	2115	22 Association, recommended by that Association; a
2116	2116	23 representative of the Horsemen's Benevolent and
2117	2117	24 Protective Association or any successor organization
2118	2118	25 thereto established in Illinois comprised of the
2119	2119	26 largest number of owners and trainers, recommended by
2120	2120
2121	2121
2122	2122
2123	2123
2124	2124
2125	2125	HB1852 - 58 - LRB104 09431 LNS 19491 b
2126	2126
2127	2127
2128	2128	HB1852- 59 -LRB104 09431 LNS 19491 b HB1852 - 59 - LRB104 09431 LNS 19491 b
2129	2129	HB1852 - 59 - LRB104 09431 LNS 19491 b
2130	2130	1 that Association or that successor organization; and a
2131	2131	2 representative of the Illinois Harness Horsemen's
2132	2132	3 Association, recommended by that Association.
2133	2133	4 Committee members shall serve for terms of 2 years,
2134	2134	5 commencing January 1 of each even-numbered year. If a
2135	2135	6 representative of any of the above-named entities has
2136	2136	7 not been recommended by January 1 of any even-numbered
2137	2137	8 year, the Governor shall appoint a committee member to
2138	2138	9 fill that position. Committee members shall receive no
2139	2139	10 compensation for their services as members but shall
2140	2140	11 be reimbursed for all actual and necessary expenses
2141	2141	12 and disbursements incurred in the performance of their
2142	2142	13 official duties. The remaining 50% of this
2143	2143	14 two-sevenths shall be distributed to county fairs for
2144	2144	15 premiums and rehabilitation as set forth in the
2145	2145	16 Agricultural Fair Act;
2146	2146	17 Four-sevenths to museums and aquariums located in
2147	2147	18 park districts of over 500,000 population; provided
2148	2148	19 that the monies are distributed in accordance with the
2149	2149	20 previous year's distribution of the maintenance tax
2150	2150	21 for such museums and aquariums as provided in Section
2151	2151	22 2 of the Park District Aquarium and Museum Act; and
2152	2152	23 One-seventh to the Agricultural Premium Fund to be
2153	2153	24 used for distribution to agricultural home economics
2154	2154	25 extension councils in accordance with "An Act in
2155	2155	26 relation to additional support and finances for the
2156	2156
2157	2157
2158	2158
2159	2159
2160	2160
2161	2161	HB1852 - 59 - LRB104 09431 LNS 19491 b
2162	2162
2163	2163
2164	2164	HB1852- 60 -LRB104 09431 LNS 19491 b HB1852 - 60 - LRB104 09431 LNS 19491 b
2165	2165	HB1852 - 60 - LRB104 09431 LNS 19491 b
2166	2166	1 Agricultural and Home Economic Extension Councils in
2167	2167	2 the several counties of this State and making an
2168	2168	3 appropriation therefor", approved July 24, 1967. This
2169	2169	4 subparagraph (C) shall be inoperative and of no force
2170	2170	5 and effect on and after January 1, 2000.
2171	2171	6 (D) Except as provided in paragraph (11) of this
2172	2172	7 subsection (h), with respect to purse allocation from
2173	2173	8 inter-track wagering, the monies so retained shall be
2174	2174	9 divided as follows:
2175	2175	10 (i) If the inter-track wagering licensee,
2176	2176	11 except an inter-track wagering licensee that
2177	2177	12 derives its license from an organization licensee
2178	2178	13 located in a county with a population in excess of
2179	2179	14 230,000 and bounded by the Mississippi River, is
2180	2180	15 not conducting its own race meeting during the
2181	2181	16 same dates, then the entire purse allocation shall
2182	2182	17 be to purses at the track where the races wagered
2183	2183	18 on are being conducted.
2184	2184	19 (ii) If the inter-track wagering licensee,
2185	2185	20 except an inter-track wagering licensee that
2186	2186	21 derives its license from an organization licensee
2187	2187	22 located in a county with a population in excess of
2188	2188	23 230,000 and bounded by the Mississippi River, is
2189	2189	24 also conducting its own race meeting during the
2190	2190	25 same dates, then the purse allocation shall be as
2191	2191	26 follows: 50% to purses at the track where the
2192	2192
2193	2193
2194	2194
2195	2195
2196	2196
2197	2197	HB1852 - 60 - LRB104 09431 LNS 19491 b
2198	2198
2199	2199
2200	2200	HB1852- 61 -LRB104 09431 LNS 19491 b HB1852 - 61 - LRB104 09431 LNS 19491 b
2201	2201	HB1852 - 61 - LRB104 09431 LNS 19491 b
2202	2202	1 races wagered on are being conducted; 50% to
2203	2203	2 purses at the track where the inter-track wagering
2204	2204	3 licensee is accepting such wagers.
2205	2205	4 (iii) If the inter-track wagering is being
2206	2206	5 conducted by an inter-track wagering location
2207	2207	6 licensee, except an inter-track wagering location
2208	2208	7 licensee that derives its license from an
2209	2209	8 organization licensee located in a county with a
2210	2210	9 population in excess of 230,000 and bounded by the
2211	2211	10 Mississippi River, the entire purse allocation for
2212	2212	11 Illinois races shall be to purses at the track
2213	2213	12 where the race meeting being wagered on is being
2214	2214	13 held.
2215	2215	14 (12) The Board shall have all powers necessary and
2216	2216	15 proper to fully supervise and control the conduct of
2217	2217	16 inter-track wagering and simulcast wagering by inter-track
2218	2218	17 wagering licensees and inter-track wagering location
2219	2219	18 licensees, including, but not limited to, the following:
2220	2220	19 (A) The Board is vested with power to promulgate
2221	2221	20 reasonable rules and regulations for the purpose of
2222	2222	21 administering the conduct of this wagering and to
2223	2223	22 prescribe reasonable rules, regulations and conditions
2224	2224	23 under which such wagering shall be held and conducted.
2225	2225	24 Such rules and regulations are to provide for the
2226	2226	25 prevention of practices detrimental to the public
2227	2227	26 interest and for the best interests of said wagering
2228	2228
2229	2229
2230	2230
2231	2231
2232	2232
2233	2233	HB1852 - 61 - LRB104 09431 LNS 19491 b
2234	2234
2235	2235
2236	2236	HB1852- 62 -LRB104 09431 LNS 19491 b HB1852 - 62 - LRB104 09431 LNS 19491 b
2237	2237	HB1852 - 62 - LRB104 09431 LNS 19491 b
2238	2238	1 and to impose penalties for violations thereof.
2239	2239	2 (B) The Board, and any person or persons to whom it
2240	2240	3 delegates this power, is vested with the power to
2241	2241	4 enter the facilities of any licensee to determine
2242	2242	5 whether there has been compliance with the provisions
2243	2243	6 of this Act and the rules and regulations relating to
2244	2244	7 the conduct of such wagering.
2245	2245	8 (C) The Board, and any person or persons to whom it
2246	2246	9 delegates this power, may eject or exclude from any
2247	2247	10 licensee's facilities, any person whose conduct or
2248	2248	11 reputation is such that his presence on such premises
2249	2249	12 may, in the opinion of the Board, call into the
2250	2250	13 question the honesty and integrity of, or interfere
2251	2251	14 with the orderly conduct of such wagering; provided,
2252	2252	15 however, that no person shall be excluded or ejected
2253	2253	16 from such premises solely on the grounds of race,
2254	2254	17 color, creed, national origin, ancestry, or sex.
2255	2255	18 (D) (Blank).
2256	2256	19 (E) The Board is vested with the power to appoint
2257	2257	20 delegates to execute any of the powers granted to it
2258	2258	21 under this Section for the purpose of administering
2259	2259	22 this wagering and any rules and regulations
2260	2260	23 promulgated in accordance with this Act.
2261	2261	24 (F) The Board shall name and appoint a State
2262	2262	25 director of this wagering who shall be a
2263	2263	26 representative of the Board and whose duty it shall be
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2274	2274	1 to supervise the conduct of inter-track wagering as
2275	2275	2 may be provided for by the rules and regulations of the
2276	2276	3 Board; such rules and regulation shall specify the
2277	2277	4 method of appointment and the Director's powers,
2278	2278	5 authority and duties.
2279	2279	6 (G) The Board is vested with the power to impose
2280	2280	7 civil penalties of up to $5,000 against individuals
2281	2281	8 and up to $10,000 against licensees for each violation
2282	2282	9 of any provision of this Act relating to the conduct of
2283	2283	10 this wagering, any rules adopted by the Board, any
2284	2284	11 order of the Board or any other action which in the
2285	2285	12 Board's discretion, is a detriment or impediment to
2286	2286	13 such wagering.
2287	2287	14 (13) The Department of Agriculture may enter into
2288	2288	15 agreements with licensees authorizing such licensees to
2289	2289	16 conduct inter-track wagering on races to be held at the
2290	2290	17 licensed race meetings conducted by the Department of
2291	2291	18 Agriculture. Such agreement shall specify the races of the
2292	2292	19 Department of Agriculture's licensed race meeting upon
2293	2293	20 which the licensees will conduct wagering. In the event
2294	2294	21 that a licensee conducts inter-track pari-mutuel wagering
2295	2295	22 on races from the Illinois State Fair or DuQuoin State
2296	2296	23 Fair which are in addition to the licensee's previously
2297	2297	24 approved racing program, those races shall be considered a
2298	2298	25 separate racing day for the purpose of determining the
2299	2299	26 daily handle and computing the privilege or pari-mutuel
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2310	2310	1 tax on that daily handle as provided in Sections 27 and
2311	2311	2 27.1. Such agreements shall be approved by the Board
2312	2312	3 before such wagering may be conducted. In determining
2313	2313	4 whether to grant approval, the Board shall give due
2314	2314	5 consideration to the best interests of the public and of
2315	2315	6 horse racing. The provisions of paragraphs (1), (8),
2316	2316	7 (8.1), and (8.2) of subsection (h) of this Section which
2317	2317	8 are not specified in this paragraph (13) shall not apply
2318	2318	9 to licensed race meetings conducted by the Department of
2319	2319	10 Agriculture at the Illinois State Fair in Sangamon County
2320	2320	11 or the DuQuoin State Fair in Perry County, or to any
2321	2321	12 wagering conducted on those race meetings.
2322	2322	13 (14) An inter-track wagering location license
2323	2323	14 authorized by the Board in 2016 that is owned and operated
2324	2324	15 by a race track in Rock Island County shall be transferred
2325	2325	16 to a commonly owned race track in Cook County on August 12,
2326	2326	17 2016 (the effective date of Public Act 99-757). The
2327	2327	18 licensee shall retain its status in relation to purse
2328	2328	19 distribution under paragraph (11) of this subsection (h)
2329	2329	20 following the transfer to the new entity. The pari-mutuel
2330	2330	21 tax credit under Section 32.1 shall not be applied toward
2331	2331	22 any pari-mutuel tax obligation of the inter-track wagering
2332	2332	23 location licensee of the license that is transferred under
2333	2333	24 this paragraph (14).
2334	2334	25 (i) Notwithstanding the other provisions of this Act, the
2335	2335	26 conduct of wagering at wagering facilities is authorized on
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2346	2346	1 all days, except as limited by subsection (b) of Section 19 of
2347	2347	2 this Act.
2348	2348	3 (Source: P.A. 101-31, eff. 6-28-19; 101-52, eff. 7-12-19;
2349	2349	4 101-81, eff. 7-12-19; 101-109, eff. 7-19-19; 102-558, eff.
2350	2350	5 8-20-21; 102-813, eff. 5-13-22.)
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